E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, SECOND SESSION

Vol. 162 WASHINGTON, THURSDAY, SEPTEMBER 15, 2016 No. 140 Senate The Senate met at 9:30 a.m. and was A bill (S. 3326) to give States the authority It has been truly remarkable to see called to order by the President pro to provide temporary access to affordable the changes that have taken hold in tempore (Mr. HATCH). private health insurance options outside of Burma in recent years—changes that Obamacare exchanges. f once seemed literally unattainable. Mr. MCCONNELL. In order to place Last year the world looked on as Daw PRAYER the bill on the calendar under the pro- Suu led her National League for De- The Chaplain, Dr. Barry C. Black, of- visions of rule XIV, I object to further mocracy to victory in Burma’s general fered the following prayer: proceedings. election. For those keeping score, this Let us pray. The PRESIDING OFFICER. Objec- was actually the second time she had Eternal Spirit, refuge of all who flee tion having been heard, the bill will be done this, but, unlike the election in to You, send Your power among us, placed on the calendar. 1990, these results were actually ac- bringing comfort and direction for our f cepted by the regime. It was a moment lives. Be with our lawmakers. If their many of us had eagerly awaited for WELCOMING THE BURMESE STATE eyes have been closed to Your graces, decades, and in many ways it re- COUNSELLOR open them. Make them so aware of affirmed the purpose behind Daw Suu’s Your providential movements in their Mr. MCCONNELL. Mr. President, life’s work, her great sacrifice, and her lives that in the quietness of this mo- today I have the distinct honor of wel- indestructible resolve. It was also a re- ment of prayer, they will feel true coming my dear friend, Burmese State minder of the many challenges that gratitude. Lord, strengthen them to do Counsellor Daw Aung San Suu Kyi, as still face the Burmese people, such as Your will on Earth, causing justice to she visits the Capitol. addressing much needed constitutional roll down like waters and righteous- Daw Suu is an incredible woman with reform and the military’s dispropor- ness like a mighty stream. May they an incredible life story. She has en- tionate power in Parliament, ending measure their attitudes and responses dured much since prodemocracy pro- decades-long conflicts and promoting by the standard of Divine love. tests first swept her country many peaceful reconciliation among ethnic We pray in Your strong Name. Amen. years ago. What followed was a story groups, and encouraging economic de- f made for Hollywood. In fact, it is a velopment. story that Hollywood has made. The As Daw Suu knows best of all, Burma PLEDGE OF ALLEGIANCE story of Aung San Suu Kyi—of the is still a country with many challenges The President pro tempore led the longtime political prisoner who had be- to hurdle as it strives to achieve a Pledge of Allegiance, as follows: come the voice of her people, then de more representational government. I pledge allegiance to the Flag of the facto leader of her country—is about The Burmese people are not alone. United States of America, and to the Repub- more than ‘‘The Lady’’ herself; it is They, and she, have many friends here lic for which it stands, one nation under God, about the journey of a country and a in Washington as they work toward re- indivisible, with liberty and justice for all. people. form and reconciliation. f I first learned of that journey dec- It has been 4 years since Daw Suu ades ago as I read of Daw Suu’s heroic last visited us. It was a privilege then RECOGNITION OF THE MAJORITY support for democratic reform, peace- to help bestow her with the Congres- LEADER ful reconciliation, and human rights in sional Gold Medal she had earned many The PRESIDING OFFICER (Mr. her country. It may not have been the years before. It is a privilege to wel- HELLER). The majority leader is recog- most popular political call back then, come her back now in this new capac- nized. but it was important. I decided then to ity. I look forward to meeting with her f make this cause my own whenever pos- later today and again wishing her all sible. Over the years, that has meant the best and reaffirming my own com- MEASURE PLACED ON THE sponsoring needed sanctions on the mitment to support her and her coun- CALENDAR—S. 3326 previous Burmese regime, it has meant try on their path ahead. Mr. MCCONNELL. Mr. President, I promoting political and constitutional f understand there is a bill at the desk reforms and meeting with Burmese due a second reading. leaders, and it has meant keeping in WRDA The PRESIDING OFFICER. The close contact with Daw Suu. Whatever Mr. MCCONNELL. Mr. President, on clerk will read the bill by title for the the task, it has been an honor to do my another important matter, from the second time. own small part to advocate for change Gulf of Mexico and the Chesapeake Bay The legislative clerk read as follows: in Burma and support my friend. to the inland waterways that are so

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S5729

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VerDate Sep 11 2014 01:58 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.000 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5730 CONGRESSIONAL RECORD — SENATE September 15, 2016 important to Kentucky’s maritime I look forward to its passage later TRIBUTE TO TIM MITCHELL jobs, America’s waterways play a cru- today, and I would encourage our Mr. REID. Mr. President, I appreciate cial role in supporting the economy, House colleagues to take action soon those remarks of the Republican leader transporting goods and people from so we can send the bill to the Presi- regarding Tim. point A to point B, and supplying com- dent. People have heard me talk about munities with drinking water. baseball and how I fell in love with As the chairman of the Environment f baseball as a little boy, listening on and Public Works Committee, Senator the radio and the game of the day. I so INHOFE understands just how critical TRIBUTE TO TIM MITCHELL wanted to be a baseball player. As time our waterways are and the importance went on, as a young man in college, I of maintaining them. That is why he Mr. MCCONNELL. Mr. President, one realized I wasn’t big enough, fast has been working with Ranking Mem- final matter. I would like to say a few enough, or good enough to be the base- ber BARBARA BOXER to craft the bipar- words about Tim Mitchell, who has hit ball player of my dreams, but that tisan 2016 Water Resources Develop- a significant milestone in his Senate didn’t take away my love for baseball. ment Act, or WRDA. career this week: 25 years of service. Living in Southern Nevada, Las This responsible water resources bill As the Democratic leader has noted Vegas, we had a team, the Dodgers. We authorizes more than two dozen Army on several occasions, Tim’s love for listened to the games and watched the Corps projects from the east coast to baseball—and the Red Sox in par- games. In the Reno area, Northern Ne- the west, and it is expected to save tax- ticular—is hard to miss. How big a fan vada, the team was the Giants. We in payers $6 million over the next decade. is Tim? Well, a few years back when Southern Nevada didn’t like the Gi- It is also completely paid for. The the Sox won the World Series, the ants. The days of Sandy Koufax, Don projects authorized in this bill range Democratic leader gave a shout-out to Drysdale, Claude Osteen—those were from strengthening our waterways’ in- Tim when he offered the resolution the days of real baseball. Games were 2 frastructure to helping support safe honoring the team. ‘‘[I]f it were in to 1, 3 to 0, not these slugfests. We and reliable drinking water sources. order,’’ he said then—which it wasn’t, didn’t have those then. They also invest in priorities each of us as Tim would be quick to note—‘‘I In coming back to Washington, in the cares about, such as improving public would ask that . . . this resolution be many years I have been here, we had health and safety, enhancing com- passed with the name of ‘Tim Mitchell’ the Baltimore Orioles. I love their merce, and supporting America’s eco- on it. . . . I consider myself a fan of owner—a wonderful man—Peter Angelos. I have been disappointed that systems. Here is what I mean: By in- baseball,’’ the Democratic leader con- they haven’t done better, but they are vesting in flood control projects, dam tinued, ‘‘but I have never known a doing pretty well this year. I have fol- maintenance, and drinking water infra- more rabid fan of a baseball team than lowed them very closely. Of course, structure, this bill will enhance public Tim Mitchell, whom we depend on so when the Nationals team came here, health and safety. By investing in very, very much to help us work through all we do in the Senate.’’ our attention was focused not entirely ports, harbors, locks, and dams, it will on Baltimore—because it was the only I have to say that this is an area strengthen commerce. By investing in team around here—but also on the Na- where the Democratic leader and I ab- restoration and revitalization projects, tionals, and we divided our attention. from the Florida Everglades to the Los solutely agree. Tim has been a staple Of course, I have been to the Nationals Angeles River, it will support Amer- around here for a quarter of a century, games, and it has been great. As the ica’s natural ecosystems. working his way through some of the Republican leader and I have said I am also pleased the bill supports most difficult jobs in the Senate as many times, we bicker and fight on several projects in Kentucky that are part of the floor staff. To paraphrase some things but never on baseball. We important to me, to my constituents, Laura Dove, the Secretary for the ma- both watch the Nationals and follow and to the U.S. Army Corps of Engi- jority, the work of Tim and his floor what they do. neers. One will transfer aging infra- staff colleagues could be compared to As everyone knows, Greg Maddux structure along the Green and Barren that of a duck gliding through a pond. from Las Vegas is the best athlete ever Rivers in Kentucky over to State and Above water, the duck appears to be to come out of Nevada. We have had local entities so they can determine moving through the pond effortlessly, some in Northern Nevada, and I recog- the best use of this infrastructure. An- but if you take a look below the sur- nized them also. Some of them played other will help my constituents in Pa- face, you will see its feet working—put- professional football. No one was as ducah better protect themselves from ting in difficult and often unrecognized good as Greg Maddux, winning more flooding from the Ohio River by help- efforts—to keep it afloat. than 350 games, which is unheard of ing complete repairs to the city’s flood Tim certainly does so to keep this today, a man of, as he would admit, av- protection infrastructure. place afloat—coordinating with his ma- erage talent—average talent but a The bill also includes an important jority counterpart Robert Duncan, sift- mind and such dedication and such coal ash provision that will give States ing through heaps of paperwork, and composure and such confidence that he the authority to create their own coal putting in long hours that turn into became one of the best of all time. ash permitting requirements and sys- late nights. Even on those late nights, Tim and I have talked about all these tems to ensure that coal ash is recy- Tim makes it a priority to not only things I have talked about regarding cled and reused in a safe and effective make it home for family dinner but to baseball. We have talked about Bryce way in accordance with current EPA prepare it too. Harper. We recognize he is not having a guidelines. Tim, from what I hear, it is takeout great year this year. They are afraid of To quote Senator INHOFE, the top Re- night at your house. I would imagine him still. He has walked 104 times, publican on the committee, this bill tonight’s dinner will be a little more which is unheard of in baseball, but his will ‘‘support our communities and ex- special than usual, and I know your batting average is not as good as it pand our economy.’’ wife Alicia and your son Ben couldn’t was. But he was still the Most Valuable To quote Senator BOXER, the top be prouder. Your Senate family is Player in baseball at age 22. He has Democrat on the committee, it will proud of you, too, and we thank you for been on the all-star team four or five provide ‘‘a perfect vehicle to upgrade these 25 years of dedication and serv- times already in his young career. our water infrastructure.’’ ice. Tim and I have talked about all of I appreciate their work across the this, and as he knows, I like the Boston aisle to move this important water re- f Red Sox, but I am not in the same sources bill forward. Its passage will league as Tim Mitchell. Tim is the As- represent another bipartisan win for sistant Secretary for the minority and American transportation infrastruc- RECOGNITION OF THE MINORITY was for the majority, of course, during ture. It is another example of what has LEADER my many years as the Democratic been possible with a Senate that is The PRESIDING OFFICER. The leader. We have such a nice relation- back to work for the American people. Democratic leader is recognized. ship. We can do our business when we

VerDate Sep 11 2014 01:58 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.002 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5731 need to, and we do that a lot, but we led during part of my tenure in the ing to people, but through it all, Tim is have a good time talking about family Senate. with the team—and they know who and baseball. In 2001, Tim made a move that would they are—giving us advice, protecting I don’t know if anybody saw his tie. forever change the Senate for the bet- us, telling us what are our rights, what He has over 100 ties that have a base- ter. He joined our floor staff. That was we can do and what we can’t do. People ball theme on them. He has on one of a long time ago, but he has been work- outside the Chamber don’t understand those ties today. It is a little hard to ing diligently here ever since. He is what it means to have people like Tim. see. It is one of those John Kerry ties. armed with an incredible work ethic Tim loves baseball. I grew up six I think it is one of those Vineyard Vine and a very keen intellect. He has blocks from Ebbets Field and saw the ties from Massachusetts, but it is a worked his way up on the floor team civil rights movement unfold with beautiful tie. It is typical for Tim to and has become an expert on Senate Jackie Robinson on the bases so we wear a baseball tie. He wears one of rules and procedure. have something in common. If we were them to work every day. I wouldn’t say Tim is a lawyer. He went to law voting today, Tim Mitchell would be some of them are ugly, but some catch school at night and worked here as the most valuable player. your attention. long as he could. He missed a few class- We do love you, Tim. Congratula- He watches the Red Sox whenever he es because of working late here. During tions, and we look forward to working can. He goes to games, takes his dad to his time as a member of the Demo- with you for a long time. the games, and takes his son when he cratic floor staff, he has become some- I yield the floor. can. He watches games here and watch- one whom the Republicans appreciate Mr. DURBIN. Mr. President, I ask es them in Baltimore as often as he can and go to for help just as the Demo- through the Chair if the Senator from with his son. I wouldn’t put it in a crats do. Nevada will yield for a question. class of weird, but it is close. In his In 2008, the Senate adopted a resolu- Mr. REID. Mr. President, I am happy basement, he has two seats from tion making Tim Mitchell the Assist- to yield. Fenway Park. They were worn out ant Secretary for the majority. When Mr. DURBIN. Mr. President, I say there, but he bought them anyway, and the Republicans took control of the through the Chair that I wish to join now he watches the games in his base- Senate, he assumed his current posi- in. I started my career as a staffer and ment on Fenway Park seats. You can’t tion. then as a Parliamentarian so I know make up stuff like this. Think about all of the important leg- what happens behind the scenes is Tim is dedicated to baseball and we islation Tim has helped us with—and I sometimes even more important than recognize that and I admire him for mean helped us with. There are a num- what you see on the floor of the Sen- that. ber of Senators on the floor this morn- ate. Tim, I think you and I are going ing. I see Senator BOXER and Senator For 25 years, Tim Mitchell has been through the same withdrawals in a few DURBIN. behind the scenes and at the heart of weeks because baseball season is end- Mrs. BOXER. Senator MURRAY and the activity in the U.S. Senate. I have ing, and for me baseball season is a tre- Senator SCHUMER. been here for 20 years and have relied mendous respite from what we do here. Mr. REID. They are on the same side on Tim and our great staff team that Frankly, I am not much of a football as my bad eye, folks. We are all pretty has really stepped up time and time fan anymore. I have become kind of ad- good at what we do, but we would be again. dicted to soccer after baseball, but dur- lost without the Tim Mitchells and Like most people, it took just a ing baseball season, I can go home and Gary Myricks of the world. We would minute or two in the Senate cloakroom watch a few innings, and it is a com- be stumbling around here. We depend to realize that Tim Mitchell is the big- plete deliverance from what goes on on them so very much. Tim has helped gest baseball fan I have ever run into. here. It is really very nice for me. us. He has helped us on so many dif- I didn’t know he had 100 baseball neck- When I go home to Nevada, wow, is it ferent things. He has helped us through ties, but he does, and as Senator REID pleasant because, again, I can watch a the Affordable Care Act, the auto- said, some are very challenging from a 7 p.m. game at 4 p.m. in the afternoon. mobile bailout, and the stimulus. I style viewpoint, but he is loyal to his Pretty good, huh, Tim? could go on and on with all we have sport and particularly to his team, the Anyway, we will have a little bit of done, and he has been here helping us. Boston Red Sox. depression here in a few weeks, but his He has accomplished so very much, I watched him as he came into his team is doing well. The Nationals are but I know—and he doesn’t have to glory moment when the Boston Red doing well, and Baltimore is doing give me a long dissertation on this—his Sox won the World Series after a long quite well so we are going to be fine. role in life is to be a good father to his wait. I know he is now looking for the As dedicated as he is to baseball, he 10-year-old son Ben and of course a Boston Red Sox to return to the World is also dedicated to this institution. He good husband to his wife Alicia. I am Series, and I have a pairing in my mind has spent one-quarter of a century sure he accomplishes that very well. that would be perfect. It involves a here. As the Republican leader men- Ben is a budding skier—and to no one’s former Red Sox President who came tioned, this is his 25th anniversary of surprise—a baseball player. He speaks, over to help the Chicago Cubs. His working in the Senate. He started as as we all do about our athletes, about name is Theo Epstein, and he made his- an intern with someone I served with how good they are, and in our eyes, tory in Boston by taking the Red Sox in the Senate, Don Riegle from Michi- they are the best. to the World Series. We think he is gan. He started working for him during Alicia and Ben are here with us going to make history in Chicago. This his junior year in college. After grad- today. Thank you for sharing Tim with would be the perfect World Series for uation, Tim moved to Washington, DC, us all of these years. Tim, me, and for baseball. and became a full-time employee of I join the entire U.S. Senate, Demo- Let me close by saying that would be Senator Riegle. He started out as a lot crats and Republicans, in thanking a perfect World Series, you have been a of us do, answering phones, but he Tim Mitchell for his exceptional work perfect addition to the Senate for 25 moved on, of course, because of his per- for 25 years. years, and we look forward to a lot sonality and talent. Mrs. BOXER. Mr. President, I ask more ahead. Following his time on the Banking through the Chair if the Senator will Thanks, Tim. Committee, which Riegle chaired, he yield for 5 minutes, please. The PRESIDING OFFICER (Mr. worked on the Whitewater Committee. Mr. REID. Yes. ROUNDS). The Senator from Wash- We all remember that, and there are Mrs. BOXER. Mr. President, I say ington. still parts of that dribbling on in this through the chair, I see the leadership Mrs. MURRAY. Mr. President, if the Presidential election. At that time, he team is here. I will represent the rank minority leader will yield for a mo- worked for Senator Tom Daschle, who and file, to tell you what Tim means to ment. was one of my predecessors, as a re- us. There is a lot of stress around here, Mr. REID. I am happy to yield. search assistant, and later on the not that I have ever experienced nor Mrs. MURRAY. Mr. President, I just Democratic policy committee, which I have I been worried, nervous, or annoy- want to add my congratulations to Tim

VerDate Sep 11 2014 01:58 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.003 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5732 CONGRESSIONAL RECORD — SENATE September 15, 2016 for his tremendous work here. I have and thought she was really good. He of the world rang in the new year. been here for 24 years, and every year gave me her background and told me Frankly, she was probably glad she was I have been here, he has been a critical she had worked in Senator Clinton’s of- here. She has a little dog and those part of the work we do. Thank you, fice and on her Presidential campaign. firecrackers and all that noise drives Tim, for the numerous issues you have He told me—I guess this was the her little dog crazy. So she could be helped us work our way through. clincher—she was a collegiate lacrosse away from the firecrackers and keep For me, when I was chairing the player. Lacrosse is a game I have got- her dog safe. She had reasons for being Budget Committee, which we all know ten to know quite well because I have here during that period of time. is a very chaotic, long, and tedious grandsons who play that sport. It is a When the Republicans shut down the process, Tim was there to make sure really difficult, hard game. A college government for 17 days in 2013, she was we did it right, that we were in order, lacrosse player? I understand the dif- here every day overseeing my schedule, and that things moved smoothly. ference between a high school lacrosse making things run smoothly, even Tim, we could not have done it with- player and a college lacrosse player. though no Senate employee was guar- out you. Thank you for your 25 years of Without knowing a lot more, I said she anteed that they would be paid for the service and thank you to your family would be perfect. If she played lacrosse, work they were doing. As my col- for allowing you to be here with us for she would know how to head a front of- leagues will recall, many Senate em- 25 years of service, and I thank you for fice. ployees didn’t come to work. all you will continue to do in the fu- As I have indicated, serving as a On a more personal note, as happens ture. scheduler for my office is not easy. in everyone’s life, there are times of Thank you. She, as I indicated, was a college play- difficulty. The Reid family has had a The PRESIDING OFFICER. The Sen- er. She played for the University of few problems. As some will remember, ator from New York. Maryland. They have excellent ath- I was engaged in my office trying to Mr. SCHUMER. Mr. President, will letics there, generally. work out a deal with health care—the the Democratic leader yield? She has had a demanding schedule Affordable Care Act—and in walked Mr. REID. I am happy to yield. for at least 10 years. She incurs long, Janice and Krysta and said there was a Mr. SCHUMER. Mr. President, every long hours. Of course, it goes without call: Your wife has been in an accident. organization has what they call unsung saying that quickly she became the It was very bad. It broke her neck in heroes. On the battlefield, they are the scheduler—not the assistant, not the two places and her back, and her face soldiers, in the automobile plant, they deputy. To put it simply, to do this job was messed up. That was a hard time are the assembly line workers, and in you have to be really tough and fair. for us. Krysta was there. She was the hospital they may be the nurses. My colleagues who come to that office there. She helped with the scheduling. Those organizations can’t go on with- regularly—DURBIN, SCHUMER, MURRAY, We got over that. Then Landra got an out these people. They are the heart and others—know Krysta. They always extremely aggressive form of breast and soul of these organizations, and know that when they call Krysta, she cancer that went on for months. Krysta they do their work quietly but proudly. tells them the truth: He is here; he is balanced my schedule here with my If you had to pick someone who per- not here; he can see you; he can’t see schedule with Landra. She made sure I sonifies the unsung hero of this body, you. She is tough. She is strong and had time with Landra to help. I will al- it would be Tim. He does his job every unafraid. She is not intimidated by ways remember her. I didn’t have to day. When you talk to him, you can see some big-shot Senators. She handles ask her to do it; she did it. the pride and the knowledge he has in them just fine. When I had my unfortunate accident, doing his job and doing it well. She has been my gatekeeper and my Krysta knew how I had been hurt, and BARBARA BOXER mentioned there are loyal adviser, and she has performed I did the best I could covering how I a lot of moments when everybody is in phenomenally. She is the best at her had been hurt. My three leaders—DUR- a stir but never Tim. He calmly and di- job that I have ever seen in my many, BIN, SCHUMER, AND MURRAY —helped rectly gives you the right advice. He is many years of public service and as an me cover my disability for a while. She a hero—a hero not only to those of us attorney prior to my public service. took care of things. My scheduling was who are here but to every Member of For everything I have done, as far as done. I missed very, very few things be- the Senate. setting the schedule, there is no one cause of her. Tim, we love you. God bless. who is a close second. My children know her. My grand- f She has been in the thick of things. children know her. It is no surprise She has been through my ups and my then to say that Krysta is and always TRIBUTE TO KRYSTA JURIS downs. She has been by my side. There will be part of my family. Mr. REID. Mr. President, I want to are many, many examples. Some of us Krysta’s time is ending this week. It switch from my friend Tim Mitchell to will never forget the snowstorm of 2009. is kind of like my service here in the another friend I have. Ten years ago, I It became so tense here that one of my Senate. I wish it would never end. I was in search of a scheduler. I needed Republican colleagues said that he wish Krysta could be with me always. someone to help with my scheduling hoped Senator Byrd would die during But things change and things happen. and work here in my Capitol office. the night so we wouldn’t have 60 Sen- But really with Krysta it is not time The office is just a few feet from here ators. With his being ill and having for distress or sadness; it is time for and it is extremely busy. We have peo- trouble navigating on his legs and liv- happiness because I have nothing but ple coming and going all day long, in- ing in Virginia and coming through the fond memories of this very beautiful cluding the end of the night, and so I blizzard, we were worried. But he woman—beautiful on the outside and knew I needed someone who was good showed up. I told Krysta: Try to do all on the inside. Why is it time for cele- and would get better. Little did I real- you can from home, because of this bration? Because Krysta, at the ripe ize that the woman I would hire didn’t Snowmageddon, as we called it. We old age of 32, is having her first baby. just get better, she has been the best. were in session. We had to finish the She is so excited. I remember with all Her name is Krysta Juris. health care bill, and every day meant her babies, Landra wore the smocks I have a few months to go as a Mem- so very, very much. No, she did not that were kind of the style at that ber of Congress. I have been here 34 stay home. She trudged through blocks time. We don’t do that anymore, and years, and I have had some remarkable and blocks of snow and snowdrifts to be that is terrific. She is so pretty with employees. I have had such loyal staff here. She never missed a day. She her pregnancy, as she is without her with me now who have stayed until the spent many, many long, long nights in pregnancy. She has never missed work bitter end, but it is hard to find a de- my office. I said: We will get someone because of her pregnancy. She has scription for someone who is as capa- to drive you or walk with you. She never complained about morning sick- ble, as nice, as competent, and as said: No, I am OK. I will be fine. ness or afternoon sickness or asked to smart as Krysta Juris. During the fiscal crisis of 2012, we go home early—never. So I am happy David McCallum, who helps me line were in session on New Year’s Eve. She for her. I am happy for Trevor, her up staff, told me he had a candidate was at her desk working while the rest good husband.

VerDate Sep 11 2014 01:58 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.004 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5733 Senator DURBIN has helped me on a gal activities. It also reveals a web of con- existing or future partnerships, will remain a number of occasions with things that tractual entanglements that could not be reality throughout a Trump presidency. he could help with regarding Krysta. just canceled. If Trump moves into the White Moreover, the identity of every partner cannot be discovered if Trump reverses He has been so thoughtful about mak- House and his family continues to receive any benefit from the company, during or course and decided to release his taxes. The ing things work out. even after his presidency, almost every for- partnerships are struck with some of the So I am happy for Krysta. I am happy eign policy decision he makes will raise seri- more than 500 entities disclosed in Trump’s for Trevor. She is going to have a little ous conflicts of interest and ethical quag- financial disclosure forms; each of those en- girl. My hope is that that little girl mires. tities has its own records that would have to be revealed for a full accounting of all of will turn out to be just like her mom— THE MUMBAI SHUFFLE Trump’s foreign entanglements to be made a person everybody loves, a person who The Trump Organization is not like the public. is dependable and trustworthy, and a Bill, Hillary & Chelsea Clinton Foundation, The problem of overseas conflicts emerges person whose friendship is so impor- the charitable enterprise that has been the from the nature of Trump’s business in re- tant to those she knows. subject of intense scrutiny about possible cent years. Much of the public believes My friendship with Krysta is not conflicts for the Democratic presidential Trump is a hugely successful developer, a going to end when I leave the Senate. nominee. There are allegations that Hillary television personality and a failed casino op- Clinton bestowed benefits on contributors to erator. But his primary business deals for al- It is forever. the foundation in some sort of ‘‘pay to play’’ most a decade have been a quite different en- So thank you, Krysta, for a job well scandal when she was secretary of state, but deavor. The GOP nominee is essentially a li- done. I wish you and your family the that makes no sense because there was no censor who leverages his celebrity into best that life has to offer. ‘‘pay.’’ Money contributed to the foundation streams of cash from partners from all over Now back to some other things. I am was publicly disclosed and went to charitable the world. The business model for Trump’s sorry to have taken so long, but that is efforts, such as fighting neglected tropical company started to change around 2007, after sometimes the way things are. diseases that infect as many as a billion peo- he became the star of NBC’s The Apprentice, ple. The financials audited by which boosted his national and international f PricewaterhouseCoopers, the global inde- fame. Rather than constructing Trump’s own pendent accounting company, and the foun- hotels, office towers and other buildings, DONALD TRUMP dation’s tax filings show that about 90 per- much of his business involved striking deals Mr. REID. Mr. President, I am very cent of the money it raised went to its chari- with overseas developers who pay his com- concerned about the integrity and the table programs. (Trump surrogates have pany for the right to slap his name on their security of our democracy in America. falsely claimed that it was only 10 percent buildings. (The last building constructed by Trump with his name on it is the Trump- The United States is a nation that and that the rest was used as a Clinton ‘‘slush fund.’’) No member of the Clinton SoHo hotel and condominium project, com- has always been and must always be family received any cash from the founda- pleted in 2007.) In public statements, Trump governed by its people. tion, nor did it finance any political cam- and his son Donald Trump Jr. have cele- Later on today, I am going to see paigns. In fact, like the Clintons, almost the brated their company’s international brand- Ambassador Baucus. He is someone entire board of directors works for free. ing business and announced their intentions who has always talked about how we On the other hand, the Trump family rakes to expand it. ‘‘The opportunities for growth have to make sure the people deter- in untold millions of dollars from the Trump are endless, and I look forward to building Organization every year. Much of that comes upon the tremendous success we have en- mine what we do. America must never joyed,’’ Donald Trump Jr. said in 2013. be subject to undue influence from for- from deals with international financiers and developers, many of whom have been tied to Trump Jr. has cited prospects in Russia, eign powers. Potential conflicts of in- controversial and even illegal activities. Ukraine, Vietnam, Thailand, Argentina and terest involving our Nation’s elected None of Trump’s overseas contractual busi- other countries. officials deserve our highest scrutiny. ness relationships examined by Newsweek The idea of selling the Trump brand name That is why I found yesterday’s article were revealed in his campaign’s financial fil- to overseas developers emerged as a small ings with the Federal Election Commission, piece of the company’s business in the late by Kurt Eichenwald in Newsweek real- 1990s. At that time, two executives from ly frightening. I ask unanimous con- nor was the amount paid to him by his for- eign partners. (The Trump campaign did not Daewoo Engineering and Construction met sent that the article be printed in the with Trump at his Manhattan offices to pro- respond to a request for the names of all for- RECORD. pose paying him for the right to use his eign entities in partnership or contractually name on a new complex under development, There being no objection, the mate- tied to the Trump Organization.) Trump’s fi- according to former executives from the rial was ordered to be printed in the nancial filings also indicate he is a share- South Korean company. Daewoo had already RECORD, as follows: holder or beneficiary of several overseas en- worked with the Trump Organization to tities, including Excel Venture LLC in the [From Newsweek, Sept. 14, 2016] build the Trump World Tower, which is close French West Indies and Caribusiness Invest- HOW THE TRUMP ORGANIZATION’S FOREIGN to the Manhattan headquarters of the United ments SRL, based in the Dominican Repub- BUSINESS TIES COULD UPEND U.S. NATIONAL Nations. The former Daewoo executives said lic, one of the world’s tax havens. SECURITY Trump was at first skeptical, but in 1999 con- Trump’s business conflicts with America’s struction began on the South Korean version (By Kurt Eichenwald) national security interests cannot be re- of Trump World, six condominium properties If Donald Trump is elected president, will solved so long as he or any member of his in Seoul and two neighboring cities. Accord- he and his family permanently sever all con- family maintains a financial interest in the ing to the two former executives, the Trump nections to the Trump Organization, a Trump Organization during a Trump admin- Organization received an annual fee of ap- sprawling business empire that has spread a istration, or even if they leave open the pos- proximately $8 million a year. secretive financial web across the world? Or sibility of returning to the company later. Shortly after the deal was signed, the par- will Trump instead choose to be the most The Trump Organization cannot be placed ent company of Daewoo Engineering and conflicted president in American history, into a blind trust, an arrangement used by Construction, the Daewoo Group, collapsed one whose business interests will constantly many politicians to prevent them from into bankruptcy amid allegations of what jeopardize the security of the United States? knowing their financial interests; the Trump proved to be a $43 billion accounting fraud. Throughout this campaign, the Trump Or- family is already aware of who their overseas The chairman of the Daewoo Group, Kim ganization, which pumps potentially hun- partners are and could easily learn about Woo Choong, fled to North Korea; he re- dreds of millions of dollars into the Trump any new ones. turned in 2005, was arrested and convicted of family’s bank accounts each year, has been Many foreign governments retain close ties embezzlement and sentenced to 10 years in largely ignored. As a private enterprise, its to and even control of companies in their prison. According to the two former Daewoo businesses, partners and investors are hidden county, including several that already are executives, a reorganization of Daewoo after from public view, even though they are the partnered with the Trump Organization. Any its bankruptcy required revisions in the very people who could be enriched by—or government wanting to seek future influence Trump contract, but the Trump Organiza- will further enrich—Trump and his family if with President Trump could do so by arrang- tion still remains allied with Daewoo Engi- he wins the presidency. ing for a partnership with the Trump Organi- neering and Construction. A close examination by Newsweek of the zation, feeding money directly to the family This relationship puts Trump’s foreign Trump Organization, including confidential or simply stashing it away inside the com- policies in conflict with his financial inter- interviews with business executives and pany for their use once Trump is out of the ests. Earlier this year, he said South Korea some of its international partners, reveals an White House. This is why, without a perma- should plan to shoulder its own military de- enterprise with deep ties to global fin- nent departure of the entire Trump family fense rather than relying on the United anciers, foreign politicians and even crimi- from their company, the prospect of legal States, including the development of nuclear nals, although there is no evidence the bribery by overseas powers seeking to influ- weapons. (He later denied making that state- Trump Organization has engaged in any ille- ence American foreign policy, either through ment, which was video-recorded.) One of the

VerDate Sep 11 2014 04:45 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5734 CONGRESSIONAL RECORD — SENATE September 15, 2016 primary South Korean companies involved in In 2010, Tulsi’s home and the offices of Ireo was that of Vuslat Dogan Sabanci, a member nuclear energy, a key component in weapons were raided as part of a sweeping corruption of Dogan Holding’s board. development, is Trump’s partner—Daewoo inquiry related to the 2010 Commonwealth With the Dogans now politically radio- Engineering and Construction. It would po- Games held in New Delhi. According to one active, Erdogan struck at the family’s busi- tentially get an economic windfall if the Indian business executive, government inves- ness partner, Trump, for his anti-Muslim United States adopted policies advocated by tigators believed that Ireo had close ties rhetoric. In June, Erdogan called for the Trump. with a prominent Indian politician— Trump name to be removed from the com- In India, the conflicts between the inter- Sudhanashu Mittal, then the leader of the plex in Istanbul and said presiding over its ests of the Trump Organization and Amer- Bharatiya Janata Party, India’s second larg- dedication had been a mistake. ican foreign policy are starker. Trump est political party—who was suspected in This is no minor skirmish: American-Turk- signed an agreement in 2011 with an Indian playing a role in rerouting money earned ish relations are one of the most important property developer called Rohan Lifescapes from Commonwealth Games contracts national security issues for the United that wanted to construct a 65-story building through tax havens into Ireo’s real estate States. Turkey is among the few Muslim with his name on it. Leading the talks for projects. A senior official with Ireo, Tulsi is countries allied with America in the fight Rohan was Kalpesh Mehta, a director of the a relative of Mittal’s. No charges were ever against the Islamic State militant group; it company who would later become the exclu- brought in the case, but the investigation carries even greater importance because it is sive representative of Trump’s businesses in did reveal the close political ties between a a Sunni-majority nation aiding the U.S. India. However, government regulatory hur- prominent Indian political party and a com- military against the Sunni extremists. Tur- dles soon impeded the project. According to pany that is now a Trump partner key has allowed the U.S. Air Force to use a a former Trump official who spoke on condi- No doubt, few Indian political groups hop- base as a major staging area for bombing and tion of anonymity, Donald Trump Jr. flew to ing to establish close ties to a possible future surveillance missions against ISIS. A Trump India to plead with Prithviraj Chavan, chief American president could have missed the presidency, according to the Arab financier minister of Maharashtra, a state in Western recent statements from the Trump family in direct contact with senior Turkish offi- India, asking that he remove the hurdles, that its company wanted to do more deals in cials, would place that cooperation at risk, but the powerful politician refused to make their country. As the Republican National particularly since Erdogan, who is said to de- an exception for the Trump Organization. It Convention was about to get underway in spise Trump, has grasped more power fol- would be extremely difficult for a foreign July, the Trump Organization declared it lowing a thwarted coup d’e´tat in July. politician to make that call if he were speak- was planning a massive expansion in the In other words, Trump would be in direct ing to the son of the president of the United South Asian country. ‘‘We are very bullish financial and political conflict with Turkey States. on India and plan to build a pan-India devel- from the moment he was sworn into office. The Mumbai deal with Rohan fell apart in opment footprint for Trump-branded residen- Once again, all his dealings with Turkey 2013, but a new branding deal (Trump Tower tial and office projects,’’ Donald Trump Jr. would be suspect: Would Trump act in the in- Mumbai) was struck with the Lodha Group, told the Hindustan Times. ‘‘We have a very terests of the United States or his wallet? a major Indian developer. By that time, aggressive pipeline in the north and east, When faced with the prospect of losing the Trump had an Indian project underway in and look forward to the announcement of millions of dollars that flow into the Trump the city of Pune with a large developer several exciting new projects in the months Organization each year from that Istanbul called Panchshil Realty that agreed to pay ahead.’’ property, what position would President millions for use of the Trump brand on two That is a chilling example of the many Trump take on the important issues involv- 22-floor towers. His new partner, Atul looming conflicts of interest in a Trump ing Turkish-American relations, including Chordia of Panchshil, appeared awed in pub- presidency. If he plays tough with India, will that country’s role in the fight against ISIS? lic statements about his association with the the government assume it has to clear the Another conundrum: Turkey is at war with famous Trump name and feted Trump with a way for projects in that ‘‘aggressive pipe- the Kurds, America’s allies in the fight special dinner attended by actors, industri- line’’ and kill the investigations involving against ISIS in Syria. Kurdish insurgent alists, socialites and even a former Miss Uni- Trump’s Pune partners? And if Trump takes groups are in armed conflict with Turkey, verse. a hard line with Pakistan, will it be for demanding an independent Kurdistan. If Tur- Last month, scandal erupted over the de- America’s strategic interests or to appease key cuts off the Trump Organization’s cash velopment, called Trump Towers Pune, after Indian government officials who might jeop- flow from Istanbul, will Trump, who has the state government and local police start- ardize his profits from Trump Towers Pune? shown many times how petty and impulsive ed looking into discrepancies in the land Branding Wars in the Middle EastTrump al- he can be, allow that to influence how the records suggesting that the land on which ready has financial conflicts in much of the U.S. juggles the interests of these two crit- the building was constructed may not have Islamic world, a problem made worse by his ical allies? been legally obtained by Panchshil. The In- anti-Muslim rhetoric and his impulsive deci- Similar disturbing problems exist with the dian company says no rules or laws were bro- sions during this campaign. One of his most United Arab Emirates (UAE), another Mus- ken, but if government officials conclude troubling entanglements is in Turkey. In lim nation that is an important American otherwise, the project’s future will be in 2008, the Trump Organization struck a brand- ally. Trump has pursued business opportuni- jeopardy—and create a problem that Indian ing deal with the Dogan Group, named for its ties in the oil-rich nation for years, with politicians eager to please an American owners, one of the most politically influen- mixed success. His first venture was in 2005, president might have to resolve. tial families in Turkey. Trump and Dogan when the Trump Organization struck a Through the Pune deal, the Trump Organi- first agreed that the Turkish company would branding deal with a top Emirates developer zation has developed close ties to India’s Na- pay a fee to put the Trump name on two tow- called Nakheel LLC, backed by Dubai’s royal tionalist Congress Party—a centrist political ers in Istanbul. family, that planned to build a tulip-shaped organization that stands for democratic sec- When the complex opened in 2012, Trump hotel on a man-made island designed to look ularism and is led by Sharad Pawar, an ally attended the ribbon-cutting and declared his like a palm tree.In 2008, a bribery and cor- of the Chordia family that owns Panchshil— interest in more collaborations with Turkish ruption probe was launched involving the but that would be of little help in this inves- businesses and in making significant invest- company’s multibillion-dollar Dubai Water- tigation. Political power in India rests large- ments there. In a sign of the political clout front project. Two Nakheel executives were ly with the Indian National Congress, a na- of the Dogan family, Turkish President charged with fraud and cleared, but tionalist party that has controlled the cen- Recep Tayyip Erdogan met with Trump and Nakheel’s financial condition deteriorated tral government for almost 50 years. (How- even presided over the opening ceremonies amid a collapse in real estate prices; the ever, Trump is very popular with the Hindu for the Trump-branded property. Trump project was delayed and then can- Sena, a far-right radical nationalist group However, the Dogans have fallen out of celed. So, in 2013, the Trump Organization that sees his anti-Muslim stance as a sign he favor, and once again, a Trump partner is struck another branding deal, this time with would take an aggressive stand against Paki- caught up in allegations of criminal and un- Nakheel’s archrival, Damac Properties, a di- stan. When Trump turned 70 in June, mem- ethical activity. In March, an Istanbul court vision of the Damac Group, that wanted the bers of that organization threw a birthday indicted Aydin Dogan, owner and head of the Trump name on a planned 18–hole PGA party for the man they called ‘‘the savior of Dogan Group, on charges he engaged in a Championship golf course. The deal was ne- humanity.’’) fuel-smuggling scheme. Dogan has pro- gotiated by Hussain Ali Sajwani, chairman Even as Trump was on the campaign trail, claimed his innocence; prosecutors are seek- of Damac, who had engaged in controversial the Trump Organization struck another deal ing a prison sentence of more than 24 years. land deals with senior government officials in India that drew the Republican nominee According to an Arab financier with strong in the UAE. He met personally with Trump closer to another political group there. In ties to Turkish political leaders, government about the project, and their relationship April, the company inked an agreement with connections with the Dogan family grew grew, ultimately leading to Damac working Ireo, a private real estate equity business even more strained in May, when a consor- with the Trump Organization on two branded based in the Indian city of Gurgaon. The tium of news reporters released what are golf courses and a collection of villas in company, which has more than 500 investors known as the Panama Papers, which exposed Dubai. According to the former executive in the fund that will be paying the Trump corporations, politicians and other individ- with the Trump Organization, Trump has Organization, is headed by Madhukar Tulsi, uals worldwide who evaded taxes through said he personally invested in some of the a prominent real estate executive in India. offshore accounts. One of the names revealed Dubai projects.

VerDate Sep 11 2014 01:58 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.006 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5735 In this case, even the possibility of a Arab financier and a former businessman prominent oligarchs in Russia, with signifi- Trump presidency has created chaos for the from the North African country, Trump cant interests in real estate and the coun- Trump Organization. On December 7, when made entreaties to Qaddafi and other mem- try’s financial industry, including the Push- Trump called for a ‘‘total and complete shut- bers of his government, beginning in 2008, in kin bank and Sovcombank. down’’ of Muslims being allowed into the which he sought deals that would bring cash The Trump Organization has also shown United States, the reaction in the UAE was to the Trump Organization from a sovereign interest in Ukraine. In 2006, Donald Trump instantaneous: There were calls to boycott wealth fund called the Libyan Investment Jr. and Ivanka Trump met with Viktor the Damac-Trump properties. Damac put out Authority. The following year, Trump of- Tkachuk, an adviser to the Ukrainian presi- a statement essentially saying its deal with fered to lease his estate in Westchester dent, and Andriy Zaika, head of the Ukrain- the Trump Organization had nothing to do County, New York, to Qaddafi; he took ian Construction Consortium. The potential with Donald Trump personally, a claim that Qaddaff’s money but, after local protests, financial conflicts here for a President fooled no one. On December 10, Damac re- forbade him from staying at his property. Trump are enormous. Moreover, Trump’s pri- moved Trump’s image and name from its (Trump kept the cash.) ‘‘I made a lot of mary partner for his lucrative business in properties. Two days later, the name went money with Qaddafi,’’ Trump said recently Canada, a well-respected Russo-Canadian bil- back up, setting off an even louder outcry. about the Westchester escapade. ‘‘He paid me lionaire named Alex Shnaider, is also a Damac’s share price dropped 15 percent amid a fortune.’’ major investor in Russia and Ukraine, mean- the controversy, and it was forced to guar- Another business relationship that could ing American policies benefiting those coun- antee rental returns for some of its luxury raise concerns about conflicts involves Azer- tries could enrich an important business con- properties bearing the Trump name. baijan, a country the State Department said nection for the Trump Organization. Other UAE businesses with connections to in an official report was infused with ‘‘cor- Meanwhile, Trump has raised concerns in Trump are also shunning the brand. The ruption and predatory behavior by politi- the United States among national security Dubai-based Landmark Group, one of the cally connected elites.’’ According to experts for his consistent and effusive praise Middle East’s largest retail companies, said Trump’s financial filings, the Republican for Vladimir Putin, the Russian ruler who it was pulling products with Trump’s name nominee is the president of two entities also now controls much of Ukraine. With its off of its shelves. called OT Marks Baku LLC and DT Marks founder in the White House, the Trump Orga- With Middle Eastern business partners and Baku Manaaina Member Corp. Those were nization would have an extraordinary entre´e American allies turning on him, Trump established as part of deals the Trump Orga- into those countries. If the company sold its lashed out. Prince Alwaleed bin Talal—the nization made last year for a real estate brand in Russia while Trump was in the billionaire who aided Trump during his cor- project in the country’s capital. The partner White House, the world could be faced with porate bankruptcies in the 1990s by pur- in the deal is Garant Holding, which is con- the astonishing site of hotels and office com- chasing his yacht, which provided him with trolled by Anar Mammadov, the son of the plexes going up in downtown Moscow with desperately needed cash—sent out a tweet country’s transportation minister, Ziya the name of the American president embla- amid the outcry in Dubai, calling the Repub- Mammadov. According to American diplo- zoned in gold atop the buildings. lican candidate a ‘‘disgrace.’’ (Alwaleed is a matic cables made public in 2010, the United The dealings of the Trump Organization prodigious tweeter and Twitter’s second States possessed information that led dip- reach into so many countries that it is im- largest shareholder.) Trump responded with lomats to believe Ziya Mammadov laundered possible to detail all the conflicts they an attack on the prince—a member of the money for the Iranian military. No formal present in a single issue of this magazine, ruling Saudi royal family—with a childish charges have been brought against either but a Newsweek examination of the company tweet, saying, ‘‘Dopey Prince @Alwaleed— Mammadov. has also found deep connections in China, Talal wants to control our U.S. politicians Once again, however, this exposes poten- Brazil, Bulgaria, Argentina, Canada, France, with daddy’s money. Can’t do it when I get tial conflicts between Trump’s business con- Germany and other countries. elected. #Trump2016.’’ Once again, Trump’s nections and national security. While the de- Never before has an American candidate personal and financial interests are in con- velopment is currently on hold, it has not for president had so many financial ties with flict with critical national security issues for been canceled, meaning that Anar American allies and enemies, and never be- the United States. During the Bush adminis- Mammadov could soon be paying millions of fore has a business posed such a threat to the tration, Abu Dhabi, the UAE’s capital, and dollars to Trump. If American intelligence United States. If Donald Trump wins this Washington reached a bilateral agreement to concludes, or has already concluded, that his election and his company is not immediately improve international standards for nuclear business partner’s father has been aiding shut down or forever severed from the Trump nonproliferation. Cooperation is particularly Iran by laundering money for the military, family, the foreign policy of the United important for the United States because will Trump’s foreign policy decisions on Iran States of America could well be for sale. Iran—whose potential development of nu- and Azerbaijan be based on the national se- Mr. REID. Mr. President, the piece is clear weapons has been a significant security curity of the United States or the financial very, very thorough. So I am only issue, leading to an international agreement security of Donald Trump? going to quote a few things because of designed to place controls on its nuclear en- AN OLIGARCH IN D.C. ergy efforts—is one of the UAE’s largest the time of the Senate. No. 1, the arti- The Trump Organization also has dealings cle says that, if elected, Donald Trump trading partners, and Dubai has been a tran- in Russia and Ukraine, and officials with the sit point for sensitive technology bound for company have repeatedly stated they want would be ‘‘the most conflicted presi- Iran. to develop projects there. The company is dent in American history,’’ and ‘‘al- Given Trump’s name-calling when faced connected to a controversial Russian figure, most every foreign policy decision he with a critical tweet from a member of the Vladimir Potanin, a billionaire with inter- makes will raise serious conflicts of in- royal family in Saudi Arabia, an important ests in mining, metals, banking and real es- ally, how would he react as president if his terest and ethical quagmires.’’ tate. He was a host of the Russian version of company’s business in the UAE collapsed? The article details how Donald The Apprentice (called Candidate), and Would his decisions in the White House be Trump, his family, and his businesses Trump, through the Trump Organization, based on what is best for America or on what have multiple questionable partner- served as the show’s executive producer. would keep the cash from Dubai flowing to Potanin is deeply tied to the Russian govern- ships with foreign governments, polit- him and his family? ment and obtained much of his wealth in the ical parties, and even criminals. A STRONGMAN’S BEST FRIEND 1990s through what was called the loans-for- The Newsweek article ends with this Some of the most disturbing international shares program, part of an effort by Moscow sound declaration: ‘‘Never before has dealings by the Trump Organization involved to privatize state properties through auc- an American candidate for president Trump’s attempts to woo Libyan dictator tion. Those sales were rigged: Insiders with had so many financial ties with Amer- Muammar el-Qaddafi. The United States had political connections were the biggest bene- ican allies and enemies, and never be- labeled Qaddafi as a sponsor of terrorism for ficiaries. fore has a business posed such a threat decades; President Ronald Reagan even Hoping to start its branding business in launched a military attack on him in 1986 Russia, the Trump Organization registered to the United States.’’ after the National Security Agency inter- the Trump name in 2008 as a trademark for We face this from Donald Trump, a cepted a communications that showed projects in Moscow, St. Petersburg and candidate and a notorious con artist. Qaddafi was behind the bombing of a German Sochi. It also launched negotiations with a Donald Trump is only trying to help discotheque that killed two Americans. He development company called the Mos City one person—Donald Trump. I don’t was also linked to the bombing of Pan Am Group, but no deal was reached. The former care if he wants to be President or city Flight 103, which exploded over Lockerbie, Trump executive said that talks fell apart commissioner. Donald Trump is in it to Scotland, killing 259 people, in 1988. But for over the fees the Trump Organization wanted benefit Donald Trump. the Trump Organization, Qaddafi was not a to charge: 25 percent of the planned project’s murdering terrorist; he was a prospect who cost. However, the executive said, the Trump If given the opportunity, Donald might bring the company financing and the Organization has maintained close relations Trump will turn America into a big opportunity to build a resort on the Medi- with Pavel Fuks, head of the Mos City scam, just like Trump University. I terranean coast of Libya. According to an Group. Fuks is one of the most politically can’t make up this stuff. Here is what

VerDate Sep 11 2014 01:58 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.007 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5736 CONGRESSIONAL RECORD — SENATE September 15, 2016 one of its managers said at Trump Uni- rity and security of our democracy is than 570,000 people in our State. We versity—head of sales: ‘‘a fraudulent really at stake. We can’t chance the have less than 20 towns or cities in scheme and that it preyed upon the el- sovereignty of this Nation on a con which the population exceeds the ele- derly and uneducated to separate them man like Trump. Where are Senator vation. We have a lot of distance be- from their money.’’ MCCONNELL and Speaker RYAN when tween towns. We say Wyoming has That is one of the managers of America needs our help from this per- miles and miles of miles and miles. It Trump University. That is a direct son running for President? makes health care a difficult chal- quote. Mr. President, will the Chair an- lenge. But we had choice. Under But Trump University is only one ex- nounce the business of the day. ObamaCare we saw one of the two car- ample. Trump has been ripping off peo- f riers shut down by costs. Like other in- ple for a long, long time—long before surers across the country, this com- Trump University. RESERVATION OF LEADER TIME pany focused on and dominated the The list of people cheated by Donald The PRESIDING OFFICER. Under Wyoming ObamaCare exchange in the Trump is a mile long, at least. A glass the previous order, the leadership time first year, and then the economics of company in New Jersey, a children’s is reserved. ObamaCare took hold. Patients were singing group, real estate brokers, f more costly than expected, premium plumbers, painters, dishwashers, and rates didn’t quite cover medical ex- many, many more all got fleeced by WATER RESOURCES penses—and then insolvency. this so-called billionaire—Trump. DEVELOPMENT ACT OF 2016 The changes to the health care sys- When Trump gets sued for not paying, The PRESIDING OFFICER. Under tem that President Obama and a com- here is what he does: He hires law- the previous order, the Senate will re- pletely Democratic-controlled Con- yers—lots of lawyers, most of the sume consideration of S. 2848, which gress hammered through were sold as time—to defend him for having cheated the clerk will report. the positive change. It is absolutely lots of people. Then, guess what. Many The senior assistant legislative clerk stunning to me that not one out of the times he doesn’t bother paying those read as follows: 60 Democrats who represent the people lawyers so they have to sue him. A bill (S. 2848) to provide for the conserva- were being talked into it. Well, some of He rips off people only to reap profit tion and development of water and related them were, I guess, because there were for himself. resources, to authorize the Secretary of the four extreme deals made for four A lot of his business I don’t under- Army to construct various projects for im- States regarding Medicare Advantage stand very well, but I understand At- provements to rivers and harbors of the that gave those States a little longer lantic City. I was chairman of the Ne- United States, and for other purposes. time than the rest of us would have to vada Gaming Commission for 4 very tu- The PRESIDING OFFICER. Under take care of our seniors. Two of the multuous years. I was there when we the previous order, the time until 11:30 four are gone now. The other two may allowed Nevada operations to go to At- a.m. will be equally divided between be going too. lantic City. So I understand what took the two leaders or their designees. As I said, we did have choice, but we place in Atlantic City. He will do any- The Senator from Wyoming. have had one shut down, and I don’t know if the other one can continue if thing to make a buck for himself. He Mr. ENZI. Mr. President, I ask unani- they stay with the exchange. applied for a license a number of years mous consent to speak as in morning business. The changes to the health care sys- ago in Nevada. He got one. It was just tem that the completely Democratic- perfunctory. If he applied for a license The PRESIDING OFFICER. Without objection, it is so ordered. controlled Congress hammered through today after what he did in Atlantic were sold as positive change. Many of OBAMACARE City and what he has done since, he us thought otherwise and said so at the couldn’t get a gaming license in Ne- Mr. ENZI. Mr. President, resisting time. We pointed out flaws in it, but we vada. the urge to counter the diatribe I just were ignored. We were called Let’s be clear about Donald Trump. heard, I will talk on a topic that is fearmongers, and here we are today. He is a spoiled brat raised in plenty, really important to America. I don’t Today Wyoming continues to be one who inherited a fortune, and used his always agree with what I read in the of the most expensive States for health money to make more money, and he New York Times, but this caught my care premiums. Do you know the one did a lot of it by swindling working eye, and I want to share it with my col- thing ObamaCare has done for Wyo- men and women. leagues: ming? We have more competition from Why would he change as President? So much for choice. In many parts of the other States for having the most ex- The answer is simple. Trump won’t country, Obamacare customers will be down pensive health insurance premiums. change. He is asking us to let him get to one insurer when they go to sign up for Misery loves company, I guess. This rich scamming America. coverage next year on the public exchanges. year there are some States with pre- I know these are harsh words, but That is from the August 19, 2016, New mium increases over 50 percent for look at this man. He goes to Flint, MI, York Times, ‘‘TheUpshot.’’ 2017. where people are desperate for help— Just a few years ago, in 2013, Presi- We have seen our individual market desperate for help. He goes to an Afri- dent Obama was telling us: damaged, and we are seeing changes in can-American church. What does he Just visit healthcare.gov, and there you our employer-sponsored insurance as do? He just starts ranting about how can compare insurance plans, side by side, well. Everyone from the biggest cor- horrible Hillary Clinton is. It was so the same way you’d shop for a plane ticket poration to small, one-person oper- bad that the woman who runs the on Kayak or a TV on Amazon. . . . You’ll ations are paying more and are getting church had to come up and say: Stop; find more choices, more competition, and in less. you are not here to do this. And he many cases lower prices. As a former small business owner, I stopped. This morning he said that, ob- Last year, Wyoming became one of tend to look at these issues from that viously, there was something wrong the growing number of States that had perspective. In Wyoming, according to with her mentally. one insurer on the ObamaCare ex- the Small Business Administration, Trump is a human leech who will change. In the environment created by there are 63,289 small businesses. Those bleed the country and sit in his golf re- ObamaCare, we have to hope that we businesses employ 132,085 people. In sort, laughing at the money he has can hold on to the one that we have Wyoming, that is almost one-third of made, even though working people, left. all the adults in the State. Small busi- many of them, will be hurt. Trump Before ObamaCare, Wyoming had ness is the backbone of our economy. doesn’t understand the middle class. many challenges in our health care Now, that may not sound like many, How could he? How could he under- system—particularly high costs and but remember our low population, and stand working people? the serious access challenges that come it is just as important for each one of This report from Newsweek proves with being a frontier State. By frontier those people as it is for one out of 23 Trump’s plan to take his rigged game State, I mean we are the least popu- million. We are talking about individ- straight to the White House. The integ- lated State in the Nation. We have less uals here. Small business owners in

VerDate Sep 11 2014 01:58 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.006 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5737 Wyoming and across the country are I yield the floor. Specifically, in our State this bill au- trying to figure out how to stay afloat Mr. President, I will suggest the ab- thorizes a number of projects in the as more and more regulations pile up sence of a quorum, and I ask unani- Kansas City area. The Kansas City lev- and work to put them out of business. mous consent that the time in the ees themselves started in the 1940s, So many, even though they are not quorum call be equally divided between while maybe Harry Truman was using technically required to have both sides. the desk I stand behind right now or ObamaCare, try to offer help to their The PRESIDING OFFICER. Without the office I now get to use in the Rus- employees for health care. They do it objection, it is so ordered. sell Building, maybe while he was because their employees need it, and Mr. ENZI. I suggest the absence of a President and Vice President. These they feel it is their responsibility. It quorum. were projects that took about 40 years may give them a competitive advan- The PRESIDING OFFICER. The to build and now need to be actively tage, and they need to have health care clerk will call the roll. maintained. The Kansas City levees, to attract employees. But in today’s The senior assistant legislative clerk the Turkey Creek Basin, the Swope health insurance market, they face the proceeded to call the roll. Park Industrial Area, and the Blue ObamaCare combination of limited Mr. BLUNT. Mr. President, I ask River Basin are flood control projects choice and seemingly unlimited pre- unanimous consent that the order for that protect lots of jobs and protect mium increases. the quorum call be rescinded. lots of families and in some cases en- According to the Kaiser Family The PRESIDING OFFICER. Without sure that the waterway can be used for Foundation, since 2004, the average an- objection, it is so ordered. navigation and still have the proper nual family premium for covered em- Mr. BLUNT. Mr. President, I am here emphasis we want to have on conserva- ployees in small firms increased from today to urge our colleagues to support tion and wildlife. $9,812 a year to $16,625 a year. It has al- the Water Resources Development Act. The bill funds much needed drinking most doubled. It is clear to anyone Missouri has more than 1,000 miles of water and clean water programs. In so paying attention that the health care navigable waterways that transport many cases, the infrastructure we have system is hurting, but my Democratic over $4 billion worth of cargo every in this country below ground is even colleagues and President Obama have year. more challenged than the infrastruc- essentially dismissed us as hypo- I will say for the benefit of the Pre- ture we have aboveground. It is not chondriacs. They tell us it is working siding Officer that it is hard at this just about using the waterways for the well; it is a success. Your premiums are moment not to stop and talk about drinking water that is provided to high, and you can’t afford your deduct- what the EPA thinks navigable waters many communities from the rivers— ible? Nonsense. Your coverage is won- should be and what navigable waters the Missouri River is a drinking water derfully comprehensive, so you can’t have always been thought to be in Fed- source for people who live in the Mis- complain that your mortgage is less eral law. My State has 1,000 miles of souri State capital, and it is a drinking than your health insurance premium. those waterways—as I have just said, $4 water source for people up and down The American people are facing more billion a year. There is no reason, with the river in many communities. This costly health care than ever before. world food demand anticipated to dou- There has been a complete refusal by bill focuses not only on that tradi- ble between now and 35 or 40 years the administration and Democrats in tional system but also provides some from now, with people wanting to bring both Chambers to entertain any real additional assistance for challenged some manufacturing jobs and hopefully changes to ObamaCare. The rollout was communities, for communities that lots of manufacturing jobs back to this a mess. Do you remember how you need to replace lead pipes, so that country, that $4 billion number won’t couldn’t get on the computer, and if through this bill communities can be much bigger than that over the next you did get on the computer, you work on better ways to solve the im- didn’t get good data? Their rules and few years, and so this bill really mat- portant infrastructure problems they regulations are crushing. They keep ters. have. Maintaining and improving our wa- adding on to them. Some that are re- The bill authorizes $25 million for the quired to be done still aren’t done, and terways and the infrastructure sur- dredging of small ports on the Mis- their costs are sky high. At the end of rounding our waterways is critically sissippi River System. In the last Con- the day, anybody can get covered, but important. The Mississippi River Val- gress, the Senator from Iowa, Mr. Har- hardly anybody can afford it. That is ley is the biggest piece of contiguous kin, and I—Senator Harkin has now re- not much of a choice. agricultural ground in the would. One tired, but Senator KLOBUCHAR stepped I urge the Senate to look at this of the great benefits of the interior up to cochair with me the Mississippi issue and acknowledge what the law is port system is it is a port system that River Caucus that looks at the river as really doing, and we need to be going uniquely supports some of the most the asset it is. As we try to take traffic beyond simply providing short-term re- productive agricultural land anywhere off the highway system and off the rail lief like the President’s waivers, excep- in the world but also that it is a nat- system and put it on the water, if it is tions, and delays. Those are all in- ural network that has allowed our going to be on the water sooner rather stances where there is a flaw in the bill country to compete in the way it did than later, all these ports matter. So that would have tremendous impact on early and the way it can now. So it is this bill takes a further step in encour- people that the President didn’t want important that we maintain that sys- aging looking at the small ports, the them to realize, so he delayed it, tem. interior ports, the almost totally ex- maybe just till he gets out of office. We We also need to think about—if we port ports. need long-term, comprehensive have the blessings of the waterways, There is nothing wrong with buying changes that will lead us to sustained we also have the challenges of the wa- things from other people, but actually, recovery. terways—protecting families in Mis- economically, there is a tremendous, I have been working to find a path souri and families in other places from positive advantage to selling things to toward what would give more flexi- natural disasters. In our State, we had other people, and that is what the inte- bility to States, fewer restrictions on a surprise flood in December. It is not rior port system is all about. Not only how employers help their employees the only time we have ever had a New is it an export port system, it basically with medical expenses, and practical Year’s Eve flood, but it is not some- serves twice the land mass of a coastal ways to offer more choices and lower thing we anticipate. It was very big, port. If a coastal port effectively serves costs for getting the health care that very destructive, and very localized. So 250 or 300 miles inland, the Mississippi Wyomingites and all Americans should managing that is a critically impor- River port would serve that same be able to access. We need meaningful, tant part of what happens in the Water amount in all directions, 300 miles each comprehensive change in health care Resources Development Act. way. So looking at those ports not for that will take us away from This is a step to prioritize these re- specifically the individual tonnage ObamaCare and in a new direction that sources so that once again we are that might go out of the port but how will meet the promises that were made thinking about why we have flood pro- they fit into a whole system is very im- years ago. tection, navigation, and water projects. portant.

VerDate Sep 11 2014 01:58 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.008 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5738 CONGRESSIONAL RECORD — SENATE September 15, 2016 In many instances, the Corps said: that my hometown of Springfield, MO, $445 million over 10 years to begin to Well, they do not export a million tons, has encouraged and has been a pro- address these structures, with funding so we don’t want to dredge that port ponent and drafter of, and that is, you to be disbursed on both a formula and because it is only a 900,000-ton port. have to look at the total impact on a competitive basis. Estimates show But I think we need to look at this in ratepayers before you tell a commu- that $1 of predisaster mitigation spend- different ways, and this bill creates the nity they have to do something. You ing can save between $3–$14 in opportunity to do that. can put people in unbelievable eco- postdisaster spending. Therefore, by as- There is another measure that has an nomic stress by just deciding that sisting in the repair or removal of impact very close to where I live, whatever the Federal Government high-hazard dams before they fail, this Springfield, MO—Table Rock Lake. It wants to do is what the Federal Gov- program makes an investment in fu- is not on the lake but several miles ernment gets to do no matter what im- ture cost savings, not to mention lives from the lake. Owners there are wor- pact it has on that community. That and property saved. ried that the Corps is not listening as sort of integrated permitting will give The bill also includes language to ad- it comes up with a shoreline manage- communities what they need to really dress concerns that Senator WHITE- ment plan. If you don’t live on the make the changes they need to make HOUSE and I identified about marine de- shore or if you aren’t affected by the in a way the community can live with bris and abandoned Army Corps economy of the lake, it may not mat- and deal with and, more importantly, projects in Narragansett Bay by ex- panding the Corps’ authority to remove ter much, but it matters a lot if you families in the community can live obstructions adjacent to Federal navi- are in one of those two categories. with. These plans don’t come along very This has some bipartisan compromise gation channels. I am pleased that the often, and so this measure addresses language that I have long supported to bill reauthorizes the Water Resources Research Act, which allows the U.S. the concerns property owners have encourage the safe disposal of coal ash. Geological Survey to provide grants to that they are simply not being listened I have heard from rural electric utili- colleges and universities, including the to. ties that the rules handed down by University of Rhode Island, to support The public and those directly af- EPA are too harsh. The language here research to improve water supply, ad- fected by changes in the plan for things will help address those concerns in a dress water quality, and train research- such as awarding boat dock permits bipartisan way. ers. Additionally, the bill requires a and shoreline zoning need to have a say I urge my colleagues to support this study of the Army Corps’ policies on in what that plan will look like for a measure. I am grateful for the leader- aquaculture in certain areas of the long time because once these plans are ship we have seen from Senator INHOFE, country. Shellfish aquaculture is some- in place, the Corps always has many the chairman, and the ranking mem- thing we do well in Rhode Island, reasons not to look at the shoreline ber, Senator BOXER, who served pre- where there is an excellent relationship management plans. The extra time viously as the chairman of this com- with the Corps and where the industry here creates a comment period that mittee. They have come together with continues to grow. I hope the studies lets the affected people be heard. a bipartisan package that makes sense authorized in this bill will be informed I will say on this topic that when you and that impacts the lives of families, by our State’s very productive experi- talk to the Corps about variations in that has an impact on our economy ence. the plan, there are always a thousand and allows these projects to have a fu- Beyond the traditional authoriza- reasons they can’t make one. Their ture they otherwise wouldn’t have and tions, the bill also includes important view is, this is a plan that took a lot of new rules to be put in place that policy changes and funding to deal time to put in place. Well, this bill wouldn’t be put in place. with the tragic public health and says: OK, we would agree with that. With that, Mr. President, I yield the drinking water crisis in the city of Let’s take the necessary time to put it floor. Flint, MI, which was brought about by in place. Mr. REED. Mr. President, I strongly disastrous cost-cutting measures that I am also glad to see that this meas- support S. 2848, the Water Resources caused lead contamination in the water ure ensures that a community afford- Development Act, WRDA, of 2016. supply. The situation in Flint is acute ability study which I drafted some lan- I want to thank and commend Chair- and pronounced. The $100 million in guage on and which we put in the Inte- man INHOFE, Ranking Member BOXER, funding provided under the Drinking rior appropriations bill last year will and their staffs for developing a bipar- Water State Revolving Fund and the be put to use by the EPA. What is a tisan bill to authorize and invest in our $70 million under the Water Infrastruc- community affordability study? If you Nation’s infrastructure—our harbors ture Finance and Innovation Act is have water issues in your community— and waterways, flood and coastal pro- long overdue. if the drinking water system has a tection projects, and drinking and However, drinking water is not the problem, if the storm water system has clean water systems. only source of lead contamination. a problem—if you have water issues in I particularly want to thank them Communities across the country are your community, there are often rea- for including provisions on small dam finding lead contamination in their sonable caps that say: If the Federal safety from S. 2835, the High Hazard soil and in the paint within their Government comes in and tells you Potential Small Dam Safety Act that I homes. In fact, lead-based paint is the that you have to do something, they introduced with Senator CAPITO. Like leading cause of lead poisoning in chil- have to give you enough time so that our bill, this legislation creates a new dren. Sadly, this is nothing new, and the community can afford it. Maybe program in the Federal Emergency too often, it is low-income families and that cap is no more than 4 percent or Management Agency, FEMA, to assist communities that experience this prob- some percentage a year would be the States and communities in rehabili- lem. This issue has long been a concern cap on raising your water bill year tating small dams that have high-haz- of mine. My home State of Rhode Is- after year. Well, if you raise it 4 per- ard potential, meaning that they land has the fourth oldest housing cent a year, it doesn’t take long before threaten human life and property if stock in the country. For the past two it is 40 percent higher than it was and they fail. There are thousands of these decades, I have undertaken initiatives then 50 percent higher than it was. dams across the country, and we have to address lead-based paint hazards. I That is a cap that somebody looked at, seen the damage they can cause in the have pushed for increased funding for studied, and thought that even though instances when they have failed. While housing and public health programs to communities never like to do this, there are programs to address small ag- better track lead hazards and then re- maybe this is something communities ricultural dams that were built by the mediate those hazards within homes can live with. But what if you have two U.S. Department of Agriculture, there for low-income families. While these or three of those instances that occur is no Federal program to deal with the investments have been significant, at the same time? small dams that proliferate the North- more must be done. So what this bill does is further en- east, Southeast, and Midwest, includ- As ranking member of the Senate Ap- courage the EPA to do something that ing 78 high-hazard potential dams in propriations Subcommittee for Trans- the municipal league is really for and Rhode Island. The bill authorizes up to portation and Housing, I have worked

VerDate Sep 11 2014 01:58 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.009 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5739 with my chairman, Senator COLLINS, to PORTMAN and BROWN have raised this thing from small mom-and-pop mari- direct HUD to update the elevated concern with me about the Corps’ in- nas to Electric Boat that have signifi- blood lead level standard that requires tention to dispose of dredged material cant equities in the sound and in the an immediate environmental investiga- in Lake Erie. dredging of navigable channels. tion in HUD assisted housing. This This section is therefore intended to For nearly 35 years, clean, nontoxic aligns HUD’s standard with the rec- clarify that the Federal standard is a material dredged from Federal projects ommendations of health experts at the legal, fact-based definition and that in Connecticut has been safely disposed Centers for Disease Control and Pre- neither party is empowered to make of in Long Island Sound, meeting strin- vention, CDC. Senator COLLINS and I the final decision on the Federal stand- gent water quality standards that have have gone a step further in the fiscal ard, should a dispute arise. been approved by the EPA. Connecticut year 2017 bill, providing $25 million to By not giving one party veto power goes to great lengths to ensure that help public housing agencies comply over another, Congress is affirming the material disposed of in the sound is with this new rule and an additional that the Federal standard can be chal- protective of water quality and the en- $25 million for the Office of Lead Haz- lenged in court. This means that a vironment. ard Control and Healthy Homes that State can appeal the Corps’ interpreta- Mr. MURPHY. That is correct. Sedi- provides grants to help low-income tion of the Federal standard if the ment from Federal projects and larger families mitigate lead-based paint haz- State believes the Corps has failed to private projects are required to under- ards in their homes. meet State water quality standards go toxicity testing, and if they fail, the I am pleased that the WRDA bill and that such challenges will be re- sediment cannot be disposed of at the builds on our efforts in the Appropria- solved on a case-by-case basis. Long Island Sound sites. tion Committee by providing an addi- I also have heard from members who Connecticut requires ‘‘capping’’ or tional $10 million for the Healthy are worried about whether the permit- placement of clean sediment on top of Homes program over the next 2 years, ting of new dredged material disposal sediments containing contaminants as well as $10 million for the CDC’s sites would be affected by the adoption above certain levels as a best practice. Childhood Lead Poisoning Prevention of new State water quality standards It is not required, but our State does it Fund, which supports research and that could ban open water disposal of as an added measure of protection. funds State programs to address and dredged material. We understand though that there are prevent childhood lead poisoning. The Under the Clean Water Act, the Envi- some who remain uncomfortable with bill also provides $10 million for the ronmental Protection Agency must ap- the open-water disposal of dredged ma- HHS Healthy Start Initiative to con- prove new disposal sites and have a terial, even if the material passes tox- nect pregnant women and new mothers very rigorous process for making those icity tests. with health care and other resources to decisions. WRDA 2016 does not affect As the Senate affirmed when it foster healthy childhood development. this process at all. adopted the amendment to S. 2848 that Many of these measures and others The Clean Water Act also governs the Senator BLUMENTHAL and I filed, the are ones that I have joined some of my adoption of new State water quality best way to resolve these types of dis- Democratic colleagues in proposing in standards. These standards must carry agreements over State water quality legislation we introduced known as the out the purposes of the act. Blocking standards is collaboratively, with input True LEADership Act of 2016. They add disposal of dredged material is not a from all relevant stakeholders. a new dimension—public health—to a purpose of the Clean Water Act. Any Water quality standards that apply bill that is typically about ‘‘bricks and new State water quality standard must to the disposal of dredged material in mortar.’’ For these reasons, I urge my go through notice and comment rule- Long Island Sound should be worked colleagues to join me in voting for this making and also can be litigated. out by the States bordering the sound, bill. WRDA 2016 does not affect that proc- working with appropriate Federal enti- SECTION 2004 ess. ties. One State should not arbitrarily Mr. INHOFE. Mr. President, as chair- Mrs. BOXER. As the ranking member impose its will on the other. man of the Environment and Public of the Environment and Public Works And that is the process I intend to Works Committee, today I wish to en- Committee, I agree with the expla- work towards with my colleagues in gage in a colloquy with my ranking nation provided by Senator INHOFE. Connecticut and New York, as we con- member, Senator BOXER, Senator Mr. BLUMENTHAL. I would like to tinue to address the issue of dredging BLUMENTHAL, and Senator MURPHY, to thank Senators INHOFE and BOXER for in Long Island Sound. speak about section 2004 of S. 2848, the their work on the Water Resources De- If I understand correctly what Sen- Water Resources Development Act of velopment Act. ator INHOFE just explained, nothing in 2016, or WRDA 2016. I would also like to thank them for S. 2848 gives any State any new rights Section 2004 of S. 2848 reaffirms cur- helping to explain section 2004. As Sen- with which to impose its own water rent law that the Army Corps of Engi- ator INHOFE noted, this section has quality standards on any other State. neers must adhere to State water qual- caused concern in some quarters that I Is that a correct reading of the bill? ity standards under the Clean Water think is useful to discuss. Mr. INHOFE. Yes, the Senator is cor- Act when determining the least costly, It is critical for the record to reflect rect. environmentally acceptable alter- the intent and context of this provision Mrs. BOXER. I agree with the chair- native for the disposal of dredged ma- and to spell out what it does and does man. terial, known as the Federal standard. not do. Mr. BLUMENTHAL. And is section Although reaffirming current law, Dredging is incredibly important to 2004 simply a restatement of current this section is not an endorsement by my State of Connecticut, which has a law under the Clean Water Act? Congress of the Corps’ current prac- robust maritime economy. Mrs. BOXER. Yes, as Senator INHOFE tices. Long Island Sound in particular is a stated earlier, the section was added to Instead, Congress is letting the Corps treasured and integral resource, one S. 2848 to let the Corps of Engineers know that Congress is paying attention that generates $9 billion annually know they must comply with the law, and that the Corps must meet its legal through tourism, recreation, and eco- and that includes compliance with obligations to abide by State water nomic activity and is home to some of State water quality standards, and quality standards when determining our most significant national security Congress is paying attention. whether it is meeting the Federal assets in terms of submarines and sub- Mr. MURPHY. Does section 2004 or standard. marine manufacturing. any other provision in WRDA 2016 re- I have heard concerns that, in some But in order to enjoy the benefits of vise the Army Corps’ Federal standard cases, that the Corps has not met this the sound, our coves, harbors, and navi- for disposal of dredged material from legal requirement and instead self-cer- gation channels have to be dredged. Federal projects? tifies its determination of the Federal My State has over 50 Federal dredg- Mr. INHOFE. No. The Federal stand- standard rather than meeting State ing projects pending with the Army ard applicable to the disposal of water quality standards. Senators Corps of Engineers. It also has every- dredged material from Federal projects

VerDate Sep 11 2014 05:13 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.039 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5740 CONGRESSIONAL RECORD — SENATE September 15, 2016 is found in the Code of Federal Regula- ity—we have to do something to help been batted around for a long time. tions at 33 C.F.R., section 335.7. That our various ports. There are a lot of diverse thoughts on regulation requires that the method of Take the Port of Charleston, It has a it. We came to a compromise on this, disposal must be the least costly alter- 45-foot deck. That is fine for the old and it is something that will allow us native that is consistent with sound ships, but for the new ones it is not. to use the value of the coal ash for engineering practices and environ- The alternative is to take the ships building roads and also taking care of mentally protective, as provided under into the Caribbean, change them, off- the disposal problem. the guidelines established by EPA load some things, which is a great deal WRDA 2016 includes exemptions from under section 404(b)(l) of the Clean of expense. It is not necessary. the SPCC rule for farmers. Senator We deal with flood control projects in Water Act. EPA’s guidelines are found FISCHER has championed this issue, and in the Code of Federal Regulations at this bill. If we look at this chart and I have been with her all the way on 40 C.F.R., part 230. the picture, we must provide the nec- this. The WRDA bill will exempt all essary level of protection to our com- Under EPA’s guidelines, ‘‘No dis- animal feed tanks, and up to two tanks munities before another unfortunate charge of dredged or fill material shall on separate parcels, to allow farmers to disaster occurs like the one we are be permitted if it: (1) Causes or contrib- refuel their equipment out in the field looking at in Louisiana. Of course, utes, after consideration of disposal without being subject to onerous regu- WRDA helps to do that. site dilution and dispersion, to viola- lations. She has done a great job. tions of any applicable State water The environmental projects in the bill also help our Nation’s critical eco- Finally, the WRDA bill includes Gold quality standard.’’ S. 2848 does not King Mine legislation that will guar- change this requirement. systems, including water off the coast of Florida which is experiencing the antee EPA will reimburse States, local Mr. BLUMENTHAL. Does this provi- governments, and tribes for the costs sion or WRDA 2016 affect the process algae blooms that are disrupting the economy. Of course, the occupier of the they incur cleaning up the mess that for approving new dredged material EPA makes. disposal sites? Chair is very much responsible for Mr. INHOFE. No, it does not. that. So we are one step closer to getting It is important to note that this bill Mrs. BOXER. I agree with Senator back on track with passing the WRDA does a lot more than authorize new bill every 2 years. We went 7 years, INHOFE. Mr. MURPHY. I would like to thank projects. WRDA 2016 includes sub- from 2010 to 2017, without doing a stantive reforms to the Army Corps Chairman INHOFE and Ranking Member WRDA bill. We are back on a 2-year policy so local sponsors will be empow- BOXER for this informative discussion schedule now. We want to stay that ered to participate in the funding. This and for their help in clarifying the con- way. Senator BOXER and I have talked is a big deal, because we would think tent and intent of section 2004 and the about this, and we have worked to- we shouldn’t have to pass a law to ac- dredging provisions contained in gether to make sure this does get done. commodate those individuals who want WRDA 2016. We have also talked to Chairman SHU- to pay for things that otherwise the Mr. BLUMENTHAL. I would also like STER and Chairman UPTON of the House government is going to have to pay for. to thank Chairman INHOFE and Rank- to make sure this gets done. As when I So we change the law. ing Member BOXER for this edifying came way back many years ago, he It also establishes the FEMA assist- feels very strongly about the relief and clear discussion about the dredging ance program to help States rehabili- provisions contained in WRDA 2016 and that Flint has and the drinking water tate the unsafe dams. There are 14,726 emergency. I will talk a little bit more the legislative intent behind those pro- which have been identified called high- visions. about this later after we vote on the hazard potential dams located all bill. Mr. BLUNT. I suggest the absence of around the country. We can see that I thank not just Senator BOXER for a quorum. around the country—the term ‘‘high being chair of the committee, she has The PRESIDING OFFICER (Mr. hazard potential’’ means that if a dam been the ranking member, and then RUBIO). The clerk will call the roll. breaks or if a levee breaks, it will take when Democrats were in charge, she The legislative clerk proceeded to American lives. It will cost lives. We was the chairman and I was the rank- call the roll. have 14,000 of these scattered around ing member, all the way through this. Mr. INHOFE. Mr. President, I ask the country. unanimous consent that the order for The WRDA bill also provides reforms We were able to do what we were sup- the quorum call be rescinded. and assistance that will help commu- posed to do; that is, infrastructure. I do The PRESIDING OFFICER. Without nities address clean water and safe applaud Senator BOXER. I will share my objection, it is so ordered. drinking water infrastructure man- time before our vote with her. Maybe Mr. INHOFE. Mr. President, at 11:30, dates and help address aging infra- we can visit more about the benefits of we will be voting on the WRDA bill, structure like this broken water main this. I look forward to thanking the which we have talked extensively in Philadelphia. We can see it is not rest of the people afterward. about for the last 2 weeks and the ben- just in the larger, older parts of Amer- Mr. President, I yield the floor. efits it has. I applaud my Senate col- ica. This is one where we have prob- The PRESIDING OFFICER. The Sen- leagues for advancing the WRDA bill to lems in the newer sections and the less- ator from California. the floor to get to this point. We all populated areas, such as my State of Mrs. BOXER. Mr. President, once have a lot to be proud of in the bipar- Oklahoma. again, I think Senator INHOFE and I tisan passage of another critical infra- WRDA also supports innovative ap- have proven we can get things done structure bill. We are kind of on a roll, proaches to address drought and water around here. really, when we think about our FAST supply issues, which is particularly a I have been asked—and I know he has Act and the chemical bill. We have a problem out West and in my State. lot of things we have been doing, and Finally, in addition to supporting in- been asked—by many in the press: How we are authorizing the Engineers’ 30 frastructure—and therefore the econ- do you do it? You are one of the most Chief’s reports that recommend the omy—WRDA carries four significant liberal and one of the most conserv- construction of new projects with sig- priority policies: It addresses the af- ative, one of the most progressive—— nificant economic benefits. The mod- fordability of Clean Water Act man- Mr. INHOFE. I am the conservative. ernization projects bill will modernize dates, unfunded mandates. We have Mrs. BOXER. I think people know our Nation’s ports and make our water- been living with these since I was that, clearly. I know they know that in ways safe and reliable. mayor of the city of Tulsa. Our biggest my State and in your State, but people This Panamax chart shows that we problem is unfunded mandates. In our wonder how can we possibly bridge the have a problem in this country with area, we have a real serious problem in divide. It is a fact that on certain some of our ports because as the Pan- our smaller communities so it does ad- issues we can’t, and I think there is a ama Canal has expanded—and we have dress that. lesson there. On certain issues, we this Panamax, which the top shows the It addresses EPA’s coal ash rule. The can’t bridge the divide. We recognize new capacity and then the old capac- coal ash rule is something that has that, but we never ever have taken

VerDate Sep 11 2014 04:45 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.040 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5741 those differences and made them per- have the Senate provisions that ad- Mr. MCCONNELL. Mr. President, I sonal. We always respected one an- dress the water crisis across our Nation hate to see the Boxer-Inhofe team other, we tried to understand one an- that involves failing and outdated crit- come to an end. We have had some other, and we don’t waste a lot of time ical infrastructure and the situation in great bipartisan accomplishments— arguing with each other about things Flint. I promise to address this in con- this bill we are about to pass and the where one is Venus and one is Mars, ference. I have been standing with my highway bill last year, which was let’s be clear, but we do come together colleagues in Michigan from the begin- something I think all of us and the as we work for this great country in ning on our fiscally responsible solu- three of us were very proud of. our total belief that a sound infrastruc- tion to help the Flint community, and I want to say to my colleague from ture is essential for our Nation. You I will continue to do so in conference. California, as we have discussed on nu- can’t compete in a global economy if So let me be clear. It would be a merous occasions, there are not a your infrastructure is failing. shortsighted mistake for those trying whole lot of things we agree on, but If we look at the grade that is given to help the people of Flint to prevent when we do, we have a lot of fun work- to our infrastructure, our highways, the quick movement of WRDA in the ing together. We are going to miss that our bridges, our roadways, our sewer House so we can conference imme- opportunity next Congress. systems, unfortunately, the inde- diately. I am confident that is going to Mrs. BOXER. I thank the Senator. pendent engineers of our country— happen, and this bill will become law ORDER OF PROCEDURE some of whom are Republican, some of before the end of this Congress. I just Mr. MCCONNELL. Mr. President, I whom are Democrats, some of whom want to be sure we got that in the ask unanimous consent that notwith- are Independents, some of whom could record before the vote took place standing the provisions of rule XXII, care less about politics—they tell us a today. the cloture vote with respect to the lot of our infrastructure is graded at C- Mrs. BOXER. I am very pleased my motion to proceed to H.R. 5325 ripen at minus, D-plus, D. It is sad when we colleague has stated unequivocally 5:30 p.m., Monday, September 19. look at the grades and think: Oh, my that the Flint provision—which again The PRESIDING OFFICER. Is there God. Thank goodness we got a C. That helps the whole country—is going to be objection? is not the way I raised my kids. We strongly supported by him and by me Without objection, it is so ordered. need to do better. and by others in the conference. Mr. MCCONNELL. We will continue So we found this amazing area where I would simply say to my friends in to negotiate text for the short-term we could work together. Even within the House, through the Chair, if I can: CR, the Zika bill, and moving the vote that, we had different priorities, and There is a simple way to go—take up until Monday night will allow us to that is OK. I know what his are and he and pass the Senate bill. We have had move forward next week. knows what mine are. 93 votes for cloture. UNANIMOUS CONSENT AGREEMENT—EXECUTIVE I just want to say, in this bill, where I see the majority leader. I thank CALENDAR we do so much to respond to the infra- him so much for his work. He promised Mr. MCCONNELL. Mr. President, I structure needs—we fund so many me this would happen, and he kept that ask unanimous consent that at 1:30 Chief’s reports, 30 of them in 19 States, promise. And Senator REID—who had a p.m. on Thursday, September 15—that addressing critical needs, flood risk lot of other fish to fry around here, but is today—the Senate proceed to execu- management, coastal storm damage re- he said: You know what, let’s get this tive session for the consideration of duction, ecosystem restoration, navi- done. That is very good for the country Calendar No. 698, with no other busi- gation, all the things we have to do to and for the way this place functions. ness in order; that there be 15 minutes literally keep our country moving—we When I am not here, I just hope to for debate only on the nomination, also did something else. We knew that leave behind a few of these bipartisan equally divided in the unusual form; passing a water bill in this time with- crumbs that I have been able to work that upon the use or yielding back of out addressing lead in drinking water, on in my time here. time, the Senate vote on the nomina- which came to us in the most tragic In conclusion, I don’t want to get tion without intervening action or de- story from Flint, MI—I am not going into what the House does. I hope they bate; that if confirmed, the motion to to get into why, how, and where. That take up and pass our bill. If they don’t, reconsider be considered made and laid is for others to talk about today. We we will have to work with them, but upon the table, the President be imme- knew we needed to address it in a way let me just say, it is heartening to hear diately notified of the Senate’s action, that not only helps the Flint people my colleague say he will stand for this and the Senate then resume legislative but helps people all over this country lead provision. session without any intervening action who are facing aging water supplies I also thank Senators STABENOW and or debate. and have lead in the drinking water. PETERS for bringing this unbelievable The PRESIDING OFFICER. Is there We agree the science is clear on the im- crisis to our attention and staying on objection? pact of lead in drinking water. Now, we this day after day. I can’t say how Without objection, it is so ordered. disagree on a lot of other science, but many phone calls I have had. She Mr. INHOFE. I suggest the absence of on that one we agree. would call me and I would call Senator a quorum. I am so grateful to my friend JIM INHOFE. Then he would call her and The PRESIDING OFFICER. The INHOFE, for he brings to the table his they would call Senator PETERS. We clerk will call the roll. experiences as not only a Senator, be- have been standing together on this. The legislative clerk proceeded to loved in his State, but also as a dad I hope we have a resounding vote. I call the roll. and as a granddad, and if we have any thought 93 was great, but as my father Mr. INHOFE. Mr. President, I ask obligation to our children—and we do— used to say to me when I brought a 90- unanimous consent that the order for we need to fix this problem. percent grade home: Hey, what hap- the quorum call be rescinded. Mr. INHOFE. Mr. President, will the pened to the other 10 percent? So I am The PRESIDING OFFICER. Without Senator yield? looking for a 93, at a minimum, today. objection, it is so ordered. Mrs. BOXER. I will. That is a heck of a message to send. I AMENDMENTS NOS. 5075; 5063, AS MODIFIED; 5076; Mr. INHOFE. Just for one comment don’t know if we could get that for any 5068; 5069; 5074, AS MODIFIED; 5077; AND 5066, AS because we want to make sure we get other issue. MODIFIED, TO AMENDMENT NO. 4979 this clear. We still have to go to the I am thrilled to be part of this team. Mr. INHOFE. Mr. President, I ask House, and Senator BOXER and I are Again, I thank my friend and colleague unanimous consent that notwith- hoping we are going to be able to re- for his devotion to getting work done standing the adoption of amendment solve this. In fact, we may see House around here. I am going to miss him, No. 4979, as amended, the following action as soon as next week. I know but I will be cheering from outside the amendments be reported by number, there are some Members in the House Chamber. called up, and agreed to en bloc: Isak- who have said they are going to make Mr. President, I yield the floor. son No. 5075; Sanders No. 5063, as modi- it difficult on Chairman SHUSTER to The PRESIDING OFFICER. The ma- fied; Cochran No. 5076; Paul No. 5068; pass the WRDA bill because it doesn’t jority leader. Cardin No. 5069; Hoeven No. 5074, as

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.013 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5742 CONGRESSIONAL RECORD — SENATE September 15, 2016 modified; Tester No. 5077; and Sasse New Savannah Bluff Lock and Dam, without (b) TERMINATION.—The limitation under No. 5066, as modified. consideration. subsection (a) shall expire on the date that is The PRESIDING OFFICER. Is there (B) OPERATION AND MAINTENANCE COSTS.— 2 years after the date of enactment of this objection? The Federal share of the costs of operation Act. and maintenance of any Project feature con- (c) APPLICABILITY.—Nothing in this sec- Without objection, it is so ordered. structed pursuant to subparagraph (A) shall tion— The clerk will report the amend- be 100 percent. (1) affects the authority of the Secretary under section 2695 of title 10, United States ments by number en bloc. AMENDMENT NO. 5063, AS MODIFIED The legislative clerk read as follows: Code, to accept funds or to cover the admin- (Purpose: To provide for rehabilitation of istrative expenses relating to certain real The Senator from Oklahoma [Mr. INHOFE], certain dams) for others, proposes amendments numbered property transactions; At the end of title III, insert the following: 5075; 5063, as modified; 5076; 5068; 5069; 5074, as (2) affects the application of section 6 of modified; 5077; and 5066, as modified, en bloc SEC. 3. REHABILITATION OF CORPS OF ENGI- the Act of December 22, 1944 (33 U.S.C. 708) NEERS CONSTRUCTED FLOOD CON- to amendment No. 4979. (commonly known as the ‘‘Flood Control Act TROL DAMS. of 1944’’) or the Water Supply Act of 1958 (43 The amendments are as follows: (a) IN GENERAL.—If the Secretary deter- U.S.C. 390b) to surplus water stored outside AMENDMENT NO. 5075 mines that the project is feasible, the Sec- of the Lake Cumberland Watershed, Ken- (Purpose: To deauthorize the New Savannah retary may carry out a project for the reha- tucky and Tennessee; or Bluff Lock and Dam, Georgia and South bilitation of a dam described in subsection (3) affects the authority of the Secretary Carolina) (b). to accept funds under section 216(c) of the (b) ELIGIBLE DAMS.—A dam eligible for as- At the appropriate place in section 5001 (re- Water Resources Development Act of 1996 (33 sistance under this section is a dam— U.S.C. 2321a). lating to deauthorizations), insert the fol- (1) that has been constructed, in whole or AMENDMENT NO. 5069 lowing: in part, by the Corps of Engineers for flood (Purpose: To require an annual survey of sea (l) NEW SAVANNAH BLUFF LOCK AND DAM, control purposes; grasses in the Chesapeake Bay) GEORGIA AND SOUTH CAROLINA.— (2) for which construction was completed (1) DEFINITIONS.—In this subsection: before 1940; Strike section 7206 and insert the fol- (A) NEW SAVANNAH BLUFF LOCK AND DAM.— (3) that is classified as ‘‘high hazard poten- lowing: The term ‘‘New Savannah Bluff Lock and tial’’ by the State dam safety agency of the SEC. 7206. CHESAPEAKE BAY GRASS SURVEY. Dam’’ has the meaning given the term in State in which the dam is located; and Section 117(i) of the Federal Water Pollu- section 348(l)(1) of the Water Resources De- (4) that is operated by a non-Federal enti- tion Control Act (33 U.S.C. 1267(i)) is amend- velopment Act of 2000 (114 Stat. 2630) (as in ty. ed by adding at the end the following: effect on the day before the date of enact- (c) COST SHARING.—Non-Federal interests ‘‘(3) ANNUAL SURVEY.—The Administrator ment of this Act). shall provide 35 percent of the cost of con- shall carry out an annual survey of sea (B) PROJECT.—The term ‘‘Project’’ means struction of any project carried out under grasses in the Chesapeake Bay.’’. the project for navigation, Savannah Harbor this section, including provision of all land, AMENDMENT NO. 5074, AS MODIFIED expansion, Georgia, authorized by section easements, rights-of-way, and necessary re- (Purpose: To limit the permit fees for cabins 7002(1) of the Water Resources Reform and locations. and trailers on land administered by the Development Act of 2014 (128 Stat. 1364). (d) AGREEMENTS.—Construction of a Dakotas Area Office of the Bureau of Rec- (2) DEAUTHORIZATION.— project under this section shall be initiated lamation and to allow trailer area permit- (A) IN GENERAL.—Effective beginning on only after a non-Federal interest has entered tees at Heart Butte Dam and Reservoir the date of enactment of this Act— into a binding agreement with the Sec- (Lake Tschida) to continue using trailer (i) the New Savannah Bluff Lock and Dam retary— homes on their permitted lots) is deauthorized; and (1) to pay the non-Federal share of the At the end of title VIII, insert the fol- (ii) notwithstanding section 348(l)(2)(B) of costs of construction under subsection (c); lowing: the Water Resources Development Act of and 2000 (114 Stat. 2630; 114 Stat. 2763A–228) (as in SEC. llll. BUREAU OF RECLAMATION DAKO- (2) to pay 100 percent of any operation, TAS AREA OFFICE PERMIT FEES FOR effect on the day before the date of enact- maintenance, and replacement and rehabili- CABINS AND TRAILERS. ment of this Act) or any other provision of tation costs with respect to the project in During the period ending 5 years after the law, the New Savannah Bluff Lock and Dam accordance with regulations prescribed by date of enactment of this Act, the Secretary shall not be conveyed to the city of North the Secretary. of the Interior shall not increase the permit Augusta and Aiken County, South Carolina, (e) COST LIMITATION.—The Secretary shall fee for a cabin or trailer on land in the State or any other non-Federal entity. not expend more than $10,000,000 for a project of North Dakota administered by the Dako- (B) REPEAL.—Section 348 of the Water Re- at any single dam under this section. tas Area Office of the Bureau of Reclamation sources Development Act of 2000 (114 Stat. (f) FUNDING.—There is authorized to be ap- by more than 33 percent of the permit fee 2630; 114 Stat. 2763A–228) is amended— propriated to carry out this section that was in effect on January 1, 2016. (i) by striking subsection (l); and $10,000,000 for each of fiscal years 2017 SEC. lll. USE OF TRAILER HOMES AT HEART (ii) by redesignating subsections (m) and through 2026. BUTTE DAM AND RESERVOIR (LAKE (n) as subsections (l) and (m), respectively. TSCHIDA). AMENDMENT NO. 5076 (3) PROJECT MODIFICATIONS.— (a) DEFINITIONS.—In this section: (A) IN GENERAL.—Notwithstanding any (Purpose: To make technical corrections) (1) ADDITION.—The term ‘‘addition’’ means other provision of law, the Project is modi- Strike section 6009 and insert the fol- any enclosed structure added onto the struc- fied to include, as the Secretary determines lowing: ture of a trailer home that increases the liv- to be necessary— SEC. 6009. YAZOO BASIN, MISSISSIPPI. ing area of the trailer home. (i)(I) repair of the lock wall of the New Sa- The authority of the Secretary to carry (2) CAMPER OR RECREATIONAL VEHICLE.—The vannah Bluff Lock and Dam and modifica- out the project for flood damage reduction, term ‘‘camper or recreational vehicle’’ in- tion of the structure such that the structure bank stabilization, and sediment and erosion cludes— is able— control known as the ‘‘Yazoo Basin, Mis- (A) a camper, motorhome, trailer camper, (aa) to maintain the pool for navigation, sissippi, Mississippi Delta Headwater bumper hitch camper, fifth wheel camper, or water supply, and recreational activities, as Project, MS’’, authorized by title I of Public equivalent mobile shelter; and in existence on the date of enactment of this Law 98–8 (97 Stat. 22), as amended, shall not (B) a recreational vehicle. Act; and be limited to watersheds referenced in re- (3) IMMEDIATE FAMILY.—The term ‘‘imme- (bb) to allow safe passage via a rock ramp ports accompanying appropriations bills for diate family’’ means a spouse, grandparent, over the structure to historic spawning previous fiscal years. parent, sibling, child, or grandchild. grounds of Shortnose sturgeon, Atlantic AMENDMENT NO. 5068 (4) PERMIT.—The term ‘‘permit’’ means a sturgeon, and other migratory fish; or permit issued by the Secretary authorizing (II)(aa) construction at an appropriate lo- (Purpose: To ensure that the Secretary does the use of a lot in a trailer area. not charge a fee for certain surplus water) cation across the Savannah River of a rock (5) PERMIT YEAR.—The term ‘‘permit year’’ weir that is able to maintain the pool for At the end of title I, add the following: means the period beginning on April 1 of a water supply and recreational activities, as SEC. 1ll. SURPLUS WATER STORAGE. calendar year and ending on March 31 of the in existence on the date of enactment of this (a) IN GENERAL.—The Secretary shall not following calendar year. Act; and charge a fee for surplus water under a con- (6) PERMITTEE.—The term ‘‘permittee’’ (bb) removal of the New Savannah Bluff tract entered into pursuant to section 6 of means a person holding a permit. Lock and Dam on completion of construction the Act of December 22, 1944 (33 U.S.C. 708) (7) SECRETARY.—The term ‘‘Secretary’’ of the weir; and (commonly known as the ‘‘Flood Control Act means the Secretary of the Interior, acting (ii) conveyance by the Secretary to Au- of 1944’’) if the contract is for surplus water through the Commissioner of Reclamation. gusta-Richmond County, Georgia, of the stored in the Lake Cumberland Watershed, (8) TRAILER AREA.—The term ‘‘trailer area’’ park and recreation area adjacent to the Kentucky and Tennessee. means any of the following areas at Heart

VerDate Sep 11 2014 04:45 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.014 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5743 Butte Dam and Reservoir (Lake Tschida) (as cated on tracts permitted to organized The legislative clerk called the roll. described in the document of the Bureau of groups on Reclamation reservoirs. Mr. CORNYN. The following Senator Reclamation entitled ‘‘Heart Butte Res- (C) Not more than 2 persons may be per- is necessarily absent: the Senator from ervoir Resource Management Plan’’ (March mittees under 1 permit, unless— New Hampshire (Ms. AYOTTE). 2008)): (i) approved by the Secretary; or (A) Trailer Area 1 and 2, also known as (ii) the additional persons are immediate Further, if present and voting, the Management Unit 034. family members of the permittees. Senator from New Hampshire (Ms. (B) Southside Trailer Area, also known as (e) ANCHORING REQUIREMENTS FOR TRAILER AYOTTE) would have voted ‘‘yea’’. Management Unit 014. HOMES.—The Secretary shall require compli- Mr. DURBIN. I announce that the (9) TRAILER HOME.—The term ‘‘trailer ance with appropriate anchoring require- Senator from Virginia (Mr. KAINE) is home’’ means a dwelling placed on a sup- ments for each trailer home (including addi- necessarily absent. porting frame that— tions to the trailer home) and other objects I further announce that, if present (A) has or had a tow-hitch; and on a lot in a trailer area, as determined by and voting, the Senator from Virginia (B) is made mobile, or is capable of being the Secretary, after consulting with permit- (Mr. KAINE) would vote yea. made mobile, by an axle and wheels. tees. The PRESIDING OFFICER (Mrs. (b) PERMIT RENEWAL AND PERMITTED USE.— (f) REPLACEMENT, REMOVAL, AND RETURN.— (1) IN GENERAL.—The Secretary shall use (1) REPLACEMENT.—Permittees may replace FISCHER). Are there any other Senators the same permit renewal process for trailer their trailer home with another trailer in the Chamber desiring to vote? area permits as the Secretary uses for other home. The result was announced—yeas 95, permit renewals in other reservoirs in the (2) REMOVAL AND RETURN.—Permittees nays 3, as follows: State of North Dakota administered by the may— [Rollcall Vote No. 141 Leg.] Dakotas Area Office of the Bureau of Rec- (A) remove their trailer home; and YEAS—95 lamation. (B) if the permittee removes their trailer (2) TRAILER HOMES.—With respect to a home under subparagraph (A), return the Alexander Fischer Nelson trailer home, a permit for each permit year trailer home to the lot of the permittee. Baldwin Franken Paul Barrasso Gardner shall authorize the permittee— (g) LIABILITY; TAKING.— Perdue Bennet Gillibrand Peters (A) to park the trailer home on the lot; (1) LIABILITY.—The United States shall not Blumenthal Graham be liable for flood damage to the personal Portman (B) to use the trailer home on the lot; Blunt Grassley Reed (C) to physically move the trailer home on property of a permittee or for damages aris- Booker Hatch Reid and off the lot; and ing out of any act, omission, or occurrence Boozman Heinrich Risch (D) to leave on the lot any addition, deck, relating to a lot to which a permit applies, Boxer Heitkamp Roberts porch, entryway, step to the trailer home, other than for damages caused by an act or Brown Heller Rounds Burr Hirono omission of the United States or an em- Rubio propane tank, or storage shed. Cantwell Hoeven Sanders (3) CAMPERS OR RECREATIONAL VEHICLES.— ployee, agent, or contractor of the United Capito Inhofe Schatz With respect to a camper or recreational ve- States before the date of enactment of this Cardin Isakson Schumer hicle, a permit shall, for each permit year— Act. Carper Johnson Scott (2) TAKING.—Any temporary flooding or Casey King (A) from April 1 to October 31, authorize Sessions the permittee— flood damage to the personal property of a Cassidy Kirk Coats Klobuchar Shaheen (i) to park the camper or recreational vehi- permittee shall not be a taking by the Shelby United States. Cochran Lankford cle on the lot; Collins Leahy Stabenow (ii) to use the camper or recreational vehi- AMENDMENT NO. 5077 Coons Manchin Sullivan cle on the lot; and (Purpose: To achieve a fair, equitable, and Corker Markey Tester (iii) to move the camper or recreational ve- Cornyn McCain Thune final settlement of claims to water rights Tillis hicle on and off the lot; and in the State of Montana for the Blackfeet Cotton McCaskill (B) from November 1 to March 31, require a Crapo McConnell Toomey Tribe of the Blackfeet Indian Reservation Udall permittee to remove the camper or rec- Cruz Menendez and the United States, for the benefit of Daines Merkley Vitter reational vehicle from the lot. the Tribe and allottees, and for other pur- Donnelly Mikulski Warner (c) REMOVAL.— poses.) Durbin Moran Warren (1) IN GENERAL.—The Secretary may re- (The amendment is printed in today’s Enzi Murkowski Whitehouse quire removal of a trailer home from a lot in Ernst Murphy Wicker a trailer area if the trailer home is flooded RECORD under ‘‘Text of Amendments.’’) Feinstein Murray Wyden AMENDMENT NO. 5066, AS MODIFIED after the date of enactment of this Act. NAYS—3 (2) REMOVAL AND NEW USE.—If the Sec- (Purpose: To require a GAO review and Flake Lee Sasse retary requires removal of a trailer home report on certain projects) under paragraph (1), on request by the per- At the end of title I, insert the following: NOT VOTING—2 mittee, the Secretary shall authorize the SEC. 10ll. GAO REVIEW AND REPORT. Ayotte Kaine permittee— Not later than 2 years after the date of en- (A) to replace the trailer home on the lot The bill (S. 2848), as amended, was actment of this Act, the Comptroller General passed, as follows: with a camper or recreational vehicle in ac- of the United States shall conduct a review, cordance with this section; or and submit to Congress a report on the im- S. 2848 (B) to place a trailer home on the lot from plementation and effectiveness of the Be it enacted by the Senate and House of Rep- April 1 to October 31. projects carried out under section 219 of the resentatives of the United States of America in (d) TRANSFER OF PERMITS.— Water Resources Development Act of 1992 Congress assembled, (1) TRANSFER OF TRAILER HOME TITLE.—If a (Public Law 102–580; 106 Stat. 4835). SECTION 1. SHORT TITLE; TABLE OF CONTENTS. permittee transfers title to a trailer home (a) SHORT TITLE.—This Act may be cited as permitted on a lot in a trailer area, the Sec- The PRESIDING OFFICER. Under the previous order, amendments Nos. the ‘‘Water Resources Development Act of retary shall issue a permit to the transferee, 2016’’. 5075; 5063, as modified; 5076; 5068; 5069; under the same terms as the permit applica- (b) TABLE OF CONTENTS.—The table of con- ble on the date of transfer, subject to the 5074, as modified; 5077; and 5066, as tents for this Act is as follows: conditions described in paragraph (3). modified, are agreed to. Sec. 1. Short title; table of contents. (2) TRANSFER OF CAMPER OR RECREATIONAL Under the previous order, all Sec. 2. Definition of Secretary. VEHICLE TITLE.—If a permittee who has a per- postcloture time has expired. mit to use a camper or recreational vehicle Sec. 3. Limitations. on a lot in a trailer area transfers title to The bill was ordered to be engrossed TITLE I—PROGRAM REFORMS the interests of the permittee on or to the for a third reading and was read the Sec. 1001. Study of water resources develop- lot, the Secretary shall issue a permit to the third time. ment projects by non-Federal transferee, subject to the conditions de- The PRESIDING OFFICER. The bill interests. scribed in paragraph (3). having been read the third time, the Sec. 1002. Advanced funds for water re- (3) CONDITIONS.—A permit issued by the question is, Shall it pass? sources development studies Secretary under paragraph (1) or (2) shall be Mr. HOEVEN. I ask for the yeas and and projects. subject to the following conditions: nays. Sec. 1003. Authority to accept and use mate- (A) A permit may not be held in the name The PRESIDING OFFICER. Is there a rials and services. of a corporation. Sec. 1004. Partnerships with non-Federal en- (B) A permittee may not have an interest sufficient second? tities to protect the Federal in- in, or control of, more than 1 seasonal trailer There appears to be a sufficient sec- vestment. home site in the Great Plains Region of the ond. Sec. 1005. Non-Federal study and construc- Bureau of Reclamation, inclusive of sites lo- The clerk will call the roll. tion of projects.

VerDate Sep 11 2014 04:45 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0655 E:\CR\FM\A15SE6.002 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5744 CONGRESSIONAL RECORD — SENATE September 15, 2016 Sec. 1006. Munitions disposal. Sec. 2004. Dredged material disposal. Sec. 6002. Authorization of project modifica- Sec. 1007. Challenge cost-sharing program Sec. 2005. Cape Arundel disposal site, Maine. tions recommended by the Sec- for management of recreation Sec. 2006. Maintenance of harbors of refuge. retary. facilities. Sec. 2007. Aids to navigation. Sec. 6003. Authorization of study and modi- Sec. 1008. Structures and facilities con- Sec. 2008. Beneficial use of dredged material. fication proposals submitted to structed by the Secretary. Sec. 2009. Operation and maintenance of har- Congress by the Secretary. Sec. 1009. Project completion. bor projects. Sec. 6004. Expedited completion of reports. Sec. 1010. Contributed funds. Sec. 2010. Additional measures at donor Sec. 6005. Extension of expedited consider- Sec. 1011. Application of certain benefits and ports and energy transfer ports. costs included in final feasi- ation in Senate. Sec. 2011. Harbor deepening. Sec. 6006. GAO study on Corps of Engineers bility studies. Sec. 2012. Operations and maintenance of in- Sec. 1012. Leveraging Federal infrastructure methodology and performance land Mississippi River ports. metrics. for increased water supply. Sec. 2013. Implementation guidance. Sec. 1013. New England District head- Sec. 6007. Inventory assessment. Sec. 2014. Remote and subsistence harbors. quarters. Sec. 2015. Non-Federal interest dredging au- Sec. 6008. Saint Lawrence Seaway mod- Sec. 1014. Buffalo District headquarters. thority. ernization. Sec. 1015. Completion of ecosystem restora- Sec. 6009. Yazoo Basin, Mississippi. tion projects. Sec. 2016. Transportation cost savings. Sec. 1016. Credit for donated goods. Sec. 2017. Dredged material. TITLE VII—SAFE DRINKING WATER AND Sec. 1017. Structural health monitoring. Sec. 2018. Great Lakes Navigation System. CLEAN WATER INFRASTRUCTURE Sec. 2019. Harbor Maintenance Trust Fund. Sec. 1018. Fish and wildlife mitigation. Sec. 7001. Definition of Administrator. Sec. 1019. Non-Federal interests. TITLE III—SAFETY IMPROVEMENTS Sec. 7002. Sense of the Senate on appropria- Sec. 1020. Discrete segment. Sec. 3001. Rehabilitation assistance for non- tions levels and findings on eco- Sec. 1021. Funding to process permits. Federal flood control projects. nomic impacts. Sec. 1022. International Outreach Program. Sec. 3002. Rehabilitation of existing levees. Sec. 1023. Wetlands mitigation. Subtitle A—Drinking Water Sec. 3003. Maintenance of high risk flood Sec. 1024. Use of Youth Service and Con- control projects. Sec. 7101. Preconstruction work. servation Corps. Sec. 7102. Priority system requirements. Sec. 1025. Debris removal. Sec. 3004. Rehabilitation of high hazard po- Sec. 1026. Aquaculture study. tential dams. Sec. 7103. Administration of State loan Sec. 1027. Levee vegetation. Sec. 3005. Expedited completion of author- funds. Sec. 1028. Planning assistance to States. ized projects for flood damage Sec. 7104. Other authorized activities. Sec. 1029. Prioritization. reduction. Sec. 7105. Negotiation of contracts. Sec. 3006. Cumberland River Basin Dam re- Sec. 1030. Kennewick Man. Sec. 7106. Assistance for small and disadvan- pairs. Sec. 1031. Disposition studies. taged communities. Sec. 1032. Transfer of excess credit. Sec. 3007. Indian dam safety. Sec. 7107. Reducing lead in drinking water. Sec. 1033. Surplus water storage. Sec. 3008. Rehabilitation of Corps of Engi- Sec. 1034. Hurricane and storm damage re- neers constructed flood control Sec. 7108. Regional liaisons for minority, duction. dams. tribal, and low-income commu- nities. Sec. 1035. Fish hatcheries. TITLE IV—RIVER BASINS, WATERSHEDS, Sec. 1036. Feasibility studies and watershed AND COASTAL AREAS Sec. 7109. Notice to persons served. assessments. Sec. 7110. Electronic reporting of drinking Sec. 4001. Gulf Coast oyster bed recovery Sec. 1037. Shore damage prevention or miti- water data. gation. plan. Sec. 4002. Columbia River, Platte River, and Sec. 7111. Lead testing in school and child Sec. 1038. Enhancing lake recreation oppor- care drinking water. tunities. Arkansas River. Sec. 7112. WaterSense program. Sec. 1039. Cost estimates. Sec. 4003. Missouri River. Sec. 1040. Tribal partnership program. Sec. 4004. Puget Sound nearshore ecosystem Sec. 7113. Water supply cost savings. Sec. 1041. Cost sharing for territories and In- restoration. Sec. 7114. Small system technical assist- dian tribes. Sec. 4005. Ice jam prevention and mitiga- ance. Sec. 1042. Local government water manage- tion. Sec. 7115. Definition of Indian tribe. ment plans. Sec. 4006. Chesapeake Bay oyster restora- Sec. 7116. Technical assistance for tribal Sec. 1043. Credit in lieu of reimbursement. tion. water systems. Sec. 1044. Retroactive changes to cost-shar- Sec. 4007. North Atlantic coastal region. Sec. 7117. Requirement for the use of Amer- ing agreements. Sec. 4008. Rio Grande. ican materials. Sec. 1045. Easements for electric, telephone, Sec. 4009. Texas coastal area. or broadband service facilities Sec. 4010. Upper Mississippi and Illinois Riv- Subtitle B—Clean Water eligible for financing under the ers flood risk management. Sec. 7201. Sewer overflow control grants. Rural Electrification Act of Sec. 4011. Salton Sea, California. Sec. 7202. Small and medium treatment 1936. Sec. 4012. Adjustment. works. Sec. 1046. Study on the performance of inno- Sec. 4013. Coastal resiliency. vative materials. Sec. 7203. Integrated plans. Sec. 4014. Regional intergovernmental col- Sec. 7204. Green infrastructure promotion. Sec. 1047. Deauthorization of inactive laboration on coastal resil- projects. ience. Sec. 7205. Financial capability guidance. Sec. 1048. Review of reservoir operations. Sec. 4015. South Atlantic coastal study. Sec. 7206. Chesapeake Bay Grass Survey. Sec. 1049. Written agreement requirement Sec. 4016. Kanawha River Basin. Sec. 7207. Great Lakes harmful algal bloom for water resources projects. Sec. 4017. Consideration of full array of coordinator. Sec. 1050. Maximum cost of projects. measures for coastal risk reduc- Sec. 1051. Conversion of surplus water agree- Subtitle C—Innovative Financing and tion. ments. Promotion of Innovative Technologies Sec. 4018. Waterfront community revitaliza- Sec. 1052. Authorized funding for inter- Sec. 7301. Water infrastructure public-pri- tion and resiliency. agency and international sup- vate partnership pilot program. Sec. 4019. Table Rock Lake, Arkansas and port. Sec. 7302. Water infrastructure finance and Sec. 1053. Surplus water storage. Missouri. Sec. 4020. Pearl River Basin, Mississippi. innovation. Sec. 1054. GAO review and report. Sec. 7303. Water Infrastructure Investment TITLE V—DEAUTHORIZATIONS TITLE II—NAVIGATION Trust Fund. Sec. 5001. Deauthorizations. Sec. 2001. Projects funded by the Inland Wa- Sec. 7304. Innovative water technology grant terways Trust Fund. Sec. 5002. Conveyances. program. Sec. 2002. Operation and maintenance of TITLE VI—WATER RESOURCES Sec. 7305. Water Resources Research Act fuel-taxed inland waterways. INFRASTRUCTURE amendments. Sec. 2003. Funding for harbor maintenance Sec. 6001. Authorization of final feasibility Sec. 7306. Reauthorization of Water Desali- programs. studies. nation Act of 1996.

VerDate Sep 11 2014 04:45 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0655 E:\CR\FM\A15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5745 Sec. 7307. National drought resilience guide- Sec. 8008. International outfall interceptor if the non-Federal interest contracts with lines. repair, operations, and mainte- the Secretary to pay all costs of providing Sec. 7308. Innovation in State water pollu- nance. the technical assistance.’’. tion control revolving loan Sec. 8009. Pechanga Band of Luisen˜ o Mission SEC. 1002. ADVANCED FUNDS FOR WATER RE- funds. Indians water rights settle- SOURCES DEVELOPMENT STUDIES Sec. 7309. Innovation in drinking water ment. AND PROJECTS. State revolving loan funds. Sec. 8010. Gold King Mine spill recovery. The Act of October 15, 1940 (33 U.S.C. 701h– 1), is amended— Subtitle D—Drinking Water Disaster Relief Sec. 8011. Reports by the Comptroller Gen- (1) in the first sentence— and Infrastructure Investments eral. Sec. 8012. Sense of Congress. (A) by striking ‘‘Whenever any’’ and in- Sec. 7401. Drinking water infrastructure. serting the following: Sec. 7402. Loan forgiveness. Sec. 8013. Bureau of Reclamation Dakotas Area Office permit fees for cab- ‘‘(a) IN GENERAL.—Whenever any’’; Sec. 7403. Registry for lead exposure and ad- (B) by striking ‘‘a flood-control project visory committee. ins and trailers. Sec. 8014. Use of trailer homes at heart duly adopted and authorized by law’’ and in- Sec. 7404. Additional funding for certain serting ‘‘an authorized water resources de- childhood health programs. butte dam and reservoir (Lake Tschida). velopment study or project,’’; and Sec. 7405. Review and report. (C) by striking ‘‘such work’’ and inserting Subtitle E—Report on Groundwater TITLE IX—BLACKFEET WATER RIGHTS ‘‘such study or project’’; Contamination SETTLEMENT ACT (2) in the second sentence— Sec. 7501. Definitions. Sec. 9001. Short title. (A) by striking ‘‘The Secretary of the Sec. 7502. Report on groundwater contami- Sec. 9002. Purposes. Army’’ and inserting the following: nation. Sec. 9003. Definitions. ‘‘(b) REPAYMENT.—The Secretary of the Sec. 9004. Ratification of compact. Army’’; and Subtitle F—Restoration Sec. 9005. Milk River water right. (B) by striking ‘‘from appropriations which PART I—GREAT LAKES RESTORATION Sec. 9006. Water delivery through Milk River may be provided by Congress for flood-con- Sec. 7611. Great Lakes Restoration Initia- project. trol work’’ and inserting ‘‘if specific appro- tive. Sec. 9007. Bureau of Reclamation activities priations are provided by Congress for such Sec. 7612. Amendments to the Great Lakes to improve water management. purpose’’; and Fish and Wildlife Restoration Sec. 9008. St. Mary canal hydroelectric (3) by adding at the end the following: Act of 1990. power generation. ‘‘(c) DEFINITION OF STATE.—In this section, PART II—LAKE TAHOE RESTORATION Sec. 9009. Storage allocation from Lake the term ‘State’ means— Elwell. ‘‘(1) a State; Sec. 7621. Findings and purposes. ‘‘(2) the District of Columbia; Sec. 7622. Definitions. Sec. 9010. Irrigation activities. Sec. 7623. Improved administration of the Sec. 9011. Design and construction of MR&I ‘‘(3) the Commonwealth of Puerto Rico; Lake Tahoe Basin Management System. ‘‘(4) any other territory or possession of Unit. Sec. 9012. Design and construction of water the United States; and Sec. 7624. Authorized programs. storage and irrigation facili- ‘‘(5) a federally recognized Indian tribe or a Sec. 7625. Program performance and ac- ties. Native village, Regional Corporation, or Vil- countability. Sec. 9013. Blackfeet water, storage, and de- lage Corporation (as those terms are defined Sec. 7626. Conforming amendments; updates velopment projects. in section 3 of the Alaska Native Claims Set- to related laws. Sec. 9014. Easements and rights-of-way. tlement Act (43 U.S.C. 1602)).’’. Sec. 7627. Authorization of appropriations. Sec. 9015. Tribal water rights. SEC. 1003. AUTHORITY TO ACCEPT AND USE MA- Sec. 7628. Land transfers to improve man- Sec. 9016. Blackfeet settlement trust fund. TERIALS AND SERVICES. agement efficiencies of Federal Sec. 9017. Blackfeet water settlement imple- Section 1024 of the Water Resources Re- and State land. mentation fund. form and Development Act of 2014 (33 U.S.C. Sec. 9018. Authorization of appropriations. 2325a) is amended— PART III—LONG ISLAND SOUND RESTORATION Sec. 9019. Water rights in Lewis and Clark (1) by striking subsection (a) and inserting Sec. 7631. Restoration and stewardship pro- National Forest and Glacier the following: grams. National Park. ‘‘(a) IN GENERAL.—Subject to subsection Sec. 7632. Reauthorization. Sec. 9020. Waivers and releases of claims. (b), the Secretary is authorized to accept and PART IV—DELAWARE RIVER BASIN Sec. 9021. Satisfaction of claims. use materials, services, or funds contributed CONSERVATION Sec. 9022. Miscellaneous provisions. by a non-Federal public entity, a nonprofit entity, or a private entity to repair, restore, Sec. 7641. Findings. Sec. 9023. Expiration on failure to meet en- replace, or maintain a water resources Sec. 7642. Definitions. forceability date. project in any case in which the District Sec. 7643. Program establishment. Sec. 9024. Antideficiency. Commander determines that— Sec. 7644. Grants and assistance. SEC. 2. DEFINITION OF SECRETARY. ‘‘(1) there is a risk of adverse impacts to Sec. 7645. Annual reports. In this Act, the term ‘‘Secretary’’ means the functioning of the project for the author- Sec. 7646. Authorization of appropriations. the Secretary of the Army. ized purposes of the project; and PART V—COLUMBIA RIVER BASIN SEC. 3. LIMITATIONS. ‘‘(2) acceptance of the materials and serv- RESTORATION Nothing in this Act— ices or funds is in the public interest.’’; and Sec. 7651. Columbia River Basin restoration. (1) supersedes or modifies any written (2) in subsection (c), in the matter pre- Subtitle G—Innovative Water Infrastructure agreement between the Federal Government ceding paragraph (1)— Workforce Development and a non-Federal interest that is in effect (A) by striking ‘‘Not later than 60 days on the date of enactment of this Act; Sec. 7701. Innovative water infrastructure after initiating an activity under this sec- (2) supersedes or authorizes any amend- workforce development pro- tion,’’ and inserting ‘‘Not later than Feb- ment to a multistate water control plan, in- gram. ruary 1 of each year after the first fiscal year cluding the Missouri River Master Water in which materials, services, or funds are ac- Subtitle H—Offset Control Manual (as in effect on the date of cepted under this section,’’; and Sec. 7801. Offset. enactment of this Act); (B) by striking ‘‘a report’’ and inserting TITLE VIII—MISCELLANEOUS (3) affects any water right in existence on ‘‘an annual report’’. PROVISIONS the date of enactment of this Act; SEC. 1004. PARTNERSHIPS WITH NON-FEDERAL (4) preempts or affects any State water law ENTITIES TO PROTECT THE FED- Sec. 8001. Approval of State programs for or interstate compact governing water; or ERAL INVESTMENT. control of coal combustion re- (5) affects any authority of a State, as in (a) IN GENERAL.—Subject to subsection (c), siduals. the Secretary is authorized to partner with a Sec. 8002. Choctaw Nation of Oklahoma and effect on the date of enactment of this Act, to manage water resources within the State. non-Federal interest for the maintenance of the Chickasaw Nation water a water resources project to ensure that the TITLE I—PROGRAM REFORMS settlement. project will continue to function for the au- Sec. 8003. Land transfer and trust land for SEC. 1001. STUDY OF WATER RESOURCES DEVEL- thorized purposes of the project. the Muscogee (Creek) Nation. OPMENT PROJECTS BY NON-FED- (b) FORM OF PARTNERSHIP.—Under a part- Sec. 8004. Reauthorization of Denali Com- ERAL INTERESTS. nership referred to in subsection (a), the Sec- mission. Section 203 of the Water Resources Devel- retary is authorized to accept and use funds, Sec. 8005. Recreational access of floating opment Act of 1986 (33 U.S.C. 2231) is amend- materials, and services contributed by the cabins. ed by adding at the end the following: non-Federal interest. Sec. 8006. Regulation of aboveground storage ‘‘(e) TECHNICAL ASSISTANCE.—On the re- (c) NO CREDIT OR REIMBURSEMENT.—Any at farms. quest of a non-Federal interest, the Sec- entity that contributes materials, services, Sec. 8007. Salt cedar removal permit re- retary may provide technical assistance re- or funds under this section shall not be eligi- views. lating to any aspect of the feasibility study ble for credit, reimbursement, or repayment

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5746 CONGRESSIONAL RECORD — SENATE September 15, 2016 for the value of those materials, services, or view under the National Environmental Pol- other non-Federal interests to formulate, re- funds. icy Act of 1969 (42 U.S.C. 4321 et seq.), review view, or revise, consistent with authorized SEC. 1005. NON-FEDERAL STUDY AND CONSTRUC- and approval under this section shall, to the project purposes, operational documents for TION OF PROJECTS. maximum extent practicable, occur concur- any reservoir owned and operated by the (a) IN GENERAL.—The Secretary may ac- rently with any review and decisions made Secretary (other than reservoirs in the cept and expend funds provided by non-Fed- under that Act. Upper Missouri River, the Apalachicola- eral interests to undertake reviews, inspec- ‘‘(B) CORPS OF ENGINEERS AS A COOPERATING Chattahoochee-Flint River system, the Ala- tions, monitoring, and other Federal activi- AGENCY.—If the Corps of Engineers is not the bama-Coosa-Tallapoosa River system, and ties related to non-Federal interests car- lead Federal agency for an environmental re- the Stones River):’’ rying out the study, design, or construction view described in subparagraph (A), the Chief (b) REPORT.—Section 1015 of the Water Re- of water resources development projects of Engineers shall, to the maximum extent sources Reform and Development Act of 2014 under section 203 or 204 of the Water Re- practicable— is amended by striking subsection (b) (33 sources Development Act of 1986 (33 U.S.C. ‘‘(i) participate in the review as a cooper- U.S.C. 701h note; Public Law 113–121) and in- 2231, 2232) or any other Federal law. ating agency (unless the Chief of Engineers serting the following: (b) INCLUSION IN COSTS.—In determining does not intend to submit comments on the ‘‘(b) REPORT.—Not later than February 1 of credit or reimbursement, the Secretary may project); and each year, the Secretary shall submit to the Committees on Environment and Public include the amount of funds provided by a ‘‘(ii) adopt and use any environmental doc- Works and Appropriations of the Senate and non-Federal interest under this section as a ument prepared under the National Environ- the Committees on Transportation and In- cost of the study, design, or construction. mental Policy Act of 1969 (42 U.S.C. 4321 et frastructure and Appropriations of the House SEC. 1006. MUNITIONS DISPOSAL. seq.) by the lead agency to the same extent of Representatives a report that— Section 1027 of the Water Resources Re- that a Federal agency could adopt or use a ‘‘(1) describes the number of agreements form and Development Act of 2014 (33 U.S.C. document prepared by another Federal agen- executed in the previous fiscal year for the 426e–2) is amended— cy under— acceptance of contributed funds under sec- (1) in subsection (a), in the matter pre- ‘‘(I) the National Environmental Policy tion 5 of the Act of June 22, 1936 (33 U.S.C. ceding paragraph (1), by inserting ‘‘, at full Act of 1969 (42 U.S.C. 4321 et seq.); and 701h) (commonly known as the ‘Flood Con- Federal expense,’’ after ‘‘The Secretary ‘‘(II) parts 1500 through 1508 of title 40, trol Act of 1936’); and may’’; and Code of Federal Regulations (or successor ‘‘(2) includes information on the projects (2) in subsection (b), by striking ‘‘funded’’ regulations). and amounts of contributed funds referred to and inserting ‘‘reimbursed’’. ‘‘(2) REVIEWS BY SECRETARY.—In any case in paragraph (1).’’. SEC. 1007. CHALLENGE COST-SHARING PROGRAM in which the Secretary of the Army is re- SEC. 1011. APPLICATION OF CERTAIN BENEFITS FOR MANAGEMENT OF RECREATION quired to approve an action under this sec- FACILITIES. AND COSTS INCLUDED IN FINAL tion and under another authority, including FEASIBILITY STUDIES. Section 225 of the Water Resources Devel- sections 9 and 10 of this Act, section 404 of opment Act of 1992 (33 U.S.C. 2328) is amend- (a) IN GENERAL.—For a navigation project the Federal Water Pollution Control Act (33 authorized after November 7, 2007, involving ed— U.S.C. 1344), and section 103 of the Marine (1) by redesignating subsection (c) as sub- offshore oil and gas fabrication ports, the Protection, Research, and Sanctuaries Act of recommended plan by the Chief of Engineers section (d); and 1972 (33 U.S.C. 1413), the Secretary shall— shall be the plan that uses the value of fu- (2) by inserting after subsection (b) the fol- ‘‘(A) coordinate the reviews and, to the ture energy exploration and production fab- lowing: maximum extent practicable, carry out the rication contracts and the transportation ‘‘(c) USER FEES.— reviews concurrently; and savings that would result from a larger navi- ‘‘(1) COLLECTION OF FEES.— ‘‘(B) adopt and use any document prepared gation channel in accordance with section ‘‘(A) IN GENERAL.—The Secretary may by the Corps of Engineers for the purpose of 6009 of the Emergency Supplemental Appro- allow a non-Federal public or private entity complying with the same law and that ad- priations Act for Defense, the Global War on that has entered into an agreement pursuant dresses the same types of impacts in the Terror, and Tsunami Relief, 2005 (Public Law to subsection (b) to collect user fees for the same geographic area if the document, as de- 109–13; 119 Stat. 282). use of developed recreation sites and facili- termined by the Secretary, is current and (b) SPECIAL RULE.—In addition to projects ties, whether developed or constructed by applicable. described in subsection (a), this section shall that entity or the Department of the Army. ‘‘(3) CONTRIBUTED FUNDS.—The Secretary of apply to— ‘‘(B) USE OF VISITOR RESERVATION SERV- the Army may accept and expend funds re- (1) a project that has undergone an eco- ICES.—A public or private entity described in ceived from non-Federal public or private en- nomic benefits update; and subparagraph (A) may use to manage fee col- tities to evaluate under this section an alter- (2) at the request of the non-Federal spon- lections and reservations under this section ation or permanent occupation or use of a sor, any ongoing feasibility study for which any visitor reservation service that the Sec- work built by the United States.’’. the benefits under section 6009 of the Emer- retary has provided for by contract or inter- gency Supplemental Appropriations Act for agency agreement, subject to such terms and SEC. 1009. PROJECT COMPLETION. For any project authorized under section Defense, the Global War on Terror, and Tsu- conditions as the Secretary determines to be nami Relief, 2005 (Public Law 109–13; 119 appropriate. 219 of the Water Resources Development Act of 1992 (Public Law 102–580; 106 Stat. 4835), Stat. 282) may apply. ‘‘(2) USE OF FEES.—A non-Federal public or SEC. 1012. LEVERAGING FEDERAL INFRASTRUC- private entity that collects user fees under the authorization of appropriations is in- creased by the amount, including in incre- TURE FOR INCREASED WATER SUP- paragraph (1) may— PLY. ments, necessary to allow completion of the ‘‘(A) retain up to 100 percent of the fees (a) IN GENERAL.—At the request of a non- project if— collected, as determined by the Secretary; Federal interest, the Secretary may review and (1) as of the date of enactment of this Act, proposals to increase the quantity of avail- ‘‘(B) notwithstanding section 210(b)(4) of the project has received more than $4,000,000 able supplies of water at Federal water re- the Flood Control Act of 1968 (16 U.S.C. 460d– in Federal appropriations and those appro- sources projects through— 3(b)(4)), use that amount for operation, main- priations equal an amount that is greater (1) modification of a water resources tenance, and management at the recreation than 80 percent of the authorized amount; project; site at which the fee is collected. (2) significant progress has been dem- (2) modification of how a project is man- onstrated toward completion of the project ‘‘(3) TERMS AND CONDITIONS.—The authority aged; or of a non-Federal public or private entity or segments of the project but the project is (3) accessing water released from a project. under this subsection shall be subject to not complete as of the date of enactment of (b) PROPOSALS INCLUDED.—A proposal such terms and conditions as the Secretary this Act; and under subsection (a) may include— determines necessary to protect the inter- (3) the benefits of the Federal investment (1) increasing the storage capacity of the ests of the United States.’’. will not be realized without an increase in project; the authorization of appropriations to allow SEC. 1008. STRUCTURES AND FACILITIES CON- (2) diversion of water released or with- STRUCTED BY THE SECRETARY. completion of the project. drawn from the project— Section 14 of the Act of March 3, 1899 (33 SEC. 1010. CONTRIBUTED FUNDS. (A) to recharge groundwater; U.S.C. 408) (commonly known as the ‘‘Rivers (a) CONTRIBUTED FUNDS.—Section 5 of the (B) to aquifer storage and recovery; or and Harbors Act of 1899’’), is amended— Act of June 22, 1936 (33 U.S.C. 701h) (com- (C) to any other storage facility; (1) by striking ‘‘That it shall not be law- monly known as the ‘‘Flood Control Act of (3) construction of facilities for delivery of ful’’ and inserting the following: 1936’’), is amended— water from pumping stations constructed by ‘‘(a) PROHIBITIONS AND PERMISSIONS.—It (1) by striking ‘‘funds appropriated by the the Secretary; shall not be lawful’’; and United States for’’; and (4) construction of facilities to access (2) by adding at the end the following: (2) in the first proviso, by inserting after water; and ‘‘(b) CONCURRENT REVIEW.— ‘‘authorized purposes of the project:’’ the fol- (5) a combination of the activities de- ‘‘(1) NEPA REVIEW.— lowing: ‘‘Provided further, That the Secretary scribed in paragraphs (1) through (4). ‘‘(A) IN GENERAL.—In any case in which an may receive and expend funds from a State (c) EXCLUSIONS.—This section shall not activity subject to this section requires a re- or a political subdivision of a State and apply to a proposal that—

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5747 (1) reallocates existing water supply or hy- use funds available under that section to pay the Buffalo District of the Army Corps of En- dropower storage; or 50 percent of the cost of a review of a pro- gineers; and (2) reduces water available for any author- posal submitted under subsection (a). (2) carry out such construction and infra- ized project purpose. (3) OPERATION AND MAINTENANCE COSTS.— structure improvements as are required to (d) OTHER FEDERAL PROJECTS.—In any case (A) IN GENERAL.—Except as provided in support the headquarters and related instal- in which a proposal relates to a Federal subparagraphs (B) and (C), the operation and lations and facilities of the Buffalo District project that is not owned by the Secretary, maintenance costs for the non-Federal spon- of the Army Corps of Engineers, including this section shall apply only to activities sor of a proposal submitted under subsection any necessary demolition or renovation of under the authority of the Secretary. (a) shall be 100 percent of the separable oper- the existing infrastructure. (e) REVIEW PROCESS.— ation and maintenance costs associated with (b) REQUIREMENT.—In carrying out sub- (1) NOTICE.—On receipt of a proposal sub- the costs of implementing the proposal. section (a), the Secretary shall ensure that mitted under subsection (a), the Secretary (B) CERTAIN WATER SUPPLY STORAGE the revolving fund established by section 101 shall provide a copy of the proposal to each PROJECTS.—For a proposal submitted under of the Civil Functions Appropriations Act, entity described in paragraph (2) and if appli- subsection (a) for constructing additional 1954 (33 U.S.C. 576) is appropriately reim- cable, the Federal agency that owns the water supply storage at a reservoir for use bursed from funds appropriated for programs project, in the case of a project owned by an under a water supply storage agreement, in that receive a benefit under this section. agency other than the Department of the addition to the costs under subparagraph SEC. 1015. COMPLETION OF ECOSYSTEM RES- Army. (A), the non-Federal costs shall include the TORATION PROJECTS. (2) PUBLIC PARTICIPATION.—In reviewing proportional share of any joint-use costs for Section 2039 of the Water Resources Devel- proposals submitted under subsection (a), operation, maintenance, repair, replacement, opment Act of 2007 (33 U.S.C. 2330a) is amend- and prior to making any decisions regarding or rehabilitation of the reservoir project de- ed by adding at the end the following: a proposal, the Secretary shall comply with termined in accordance with section 301 of ‘‘(d) INCLUSIONS.—A monitoring plan under all applicable public participation require- the Water Supply Act of 1958 (43 U.S.C. 390b). subsection (b) shall include a description of— ments under law, including consultation (C) VOLUNTARY CONTRIBUTIONS.—An entity ‘‘(1) the types and number of restoration with— other than an entity described in subpara- activities to be conducted; (A) affected States; graph (A) may voluntarily contribute to the ‘‘(2) the physical action to be undertaken (B) Power Marketing Administrations, in costs of implementing a proposal submitted to achieve the restoration objectives of the the case of reservoirs with Federal hydro- under subsection (a). project; power projects; (i) CONTRIBUTED FUNDS.—The Secretary ‘‘(3) the functions and values that will re- (C) entities responsible for operation and may receive and expend funds contributed by sult from the restoration plan; and maintenance costs; a non-Federal interest for the review and ap- ‘‘(4) a contingency plan for taking correc- (D) any entity that has a contractual right proval of a proposal submitted under sub- tive actions in cases in which monitoring from the Federal Government or a State to section (a). demonstrates that restoration measures are withdraw water from, or use storage at, the (j) ASSISTANCE.—On request by a non-Fed- not achieving ecological success in accord- project; eral interest, the Secretary may provide ance with criteria described in the moni- (E) entities that the State determines hold technical assistance in the development or toring plan. rights under State law to the use of water implementation of a proposal under sub- ‘‘(e) CONCLUSION OF OPERATION AND MAIN- from the project; and section (a), including assistance in obtaining TENANCE RESPONSIBILITY.—The responsibility (F) units of local government with flood necessary permits for construction, if the of the non-Federal sponsor for operation, risk reduction responsibilities downstream non-Federal interest contracts with the Sec- maintenance, repair, replacement, and reha- of the project. retary to pay all costs of providing the tech- bilitation of the ecosystem restoration (f) AUTHORITIES.—A proposal submitted to nical assistance. project shall cease 10 years after the date on the Secretary under subsection (a) may be (k) EXCLUSION.—This section shall not which the Secretary makes a determination reviewed and approved, if applicable and ap- apply to reservoirs in— of success under subsection (b)(2).’’. propriate, under— (1) the Upper Missouri River; SEC. 1016. CREDIT FOR DONATED GOODS. (1) the specific authorization for the water (2) the Apalachicola-Chattahoochee-Flint Section 221(a)(4)(D)(iv) of the Flood Con- resources project; river system; trol Act of 1970 (42 U.S.C. 1962d– (2) section 216 of the Flood Control Act of (3) the Alabama-Coosa-Tallapoosa river 5b(a)(4)(D)(iv)) is amended— 1970 (33 U.S.C. 549a); system; and (1) by inserting ‘‘regardless of the cost in- (3) section 301 of the Water Supply Act of (4) the Stones River. curred by the non-Federal interest,’’ before 1958 (43 U.S.C. 390b); and (l) EFFECT OF SECTION.—Nothing in this ‘‘shall not’’; and (4) section 14 of the Act of March 3, 1899 section affects or modifies any authority of (2) by striking ‘‘costs’’ and inserting (commonly known as the ‘‘Rivers and Har- the Secretary to review or modify reservoirs. ‘‘value’’. bors Act of 1899’’) (33 U.S.C. 408). SEC. 1013. NEW ENGLAND DISTRICT HEAD- (g) LIMITATIONS.—The Secretary shall not QUARTERS. SEC. 1017. STRUCTURAL HEALTH MONITORING. approve a proposal submitted under sub- (a) IN GENERAL.—Subject to subsection (b), (a) IN GENERAL.—The Secretary shall de- section (a) that— using amounts available in the revolving sign and develop a structural health moni- (1) is not supported by the Federal agency fund established by section 101 of the Civil toring program to assess and improve the that owns the project if the owner is not the Functions Appropriations Act, 1954 (33 U.S.C. condition of infrastructure constructed and Secretary; 576) and not otherwise obligated, the Sec- maintained by the Corps of Engineers, in- (2) interferes with an authorized purpose of retary may— cluding research, design, and development of the project; (1) design, renovate, and construct addi- systems and frameworks for— (3) adversely impacts contractual rights to tions to 2 buildings located on Hanscom Air (1) response to flood and earthquake water or storage at the reservoir; Force Base in Bedford, Massachusetts for the events; (4) adversely impacts legal rights to water headquarters of the New England District of (2) pre-disaster mitigation measures; under State law, as determined by an af- the Army Corps of Engineers; and (3) lengthening the useful life of the infra- fected State; (2) carry out such construction and infra- structure; and (5) increases costs for any entity other structure improvements as are required to (4) identifying risks due to sea level rise. than the entity that submitted the proposal; support the headquarters of the New England (b) CONSULTATION AND CONSIDERATION.—In or District of the Army Corps of Engineers, in- developing the program under subsection (a), (6) if a project is subject to section 301(e) of cluding any necessary demolition of the ex- the Secretary shall— the Water Supply Act of 1958 (43 U.S.C. isting infrastructure. (1) consult with academic and other ex- 390b(e)), makes modifications to the project (b) REQUIREMENT.—In carrying out sub- perts; and that do not meet the requirements of that section (a), the Secretary shall ensure that (2) consider models for maintenance and section unless the modification is submitted the revolving fund established by section 101 repair information, the development of deg- to and authorized by Congress. of the Civil Functions Appropriations Act, radation models for real-time measurements (h) COST SHARE.— 1954 (33 U.S.C. 576) is appropriately reim- and environmental inputs, and research on (1) IN GENERAL.—Except as provided in bursed from funds appropriated for programs qualitative inspection data as surrogate sen- paragraph (2), 100 percent of the cost of de- that receive a benefit under this section. sors. veloping, reviewing, and implementing a pro- SEC. 1014. BUFFALO DISTRICT HEADQUARTERS. SEC. 1018. FISH AND WILDLIFE MITIGATION. posal submitted under subsection (a) shall be (a) IN GENERAL.—Subject to subsection (b), Section 906 of the Water Resources Devel- provided by an entity other than the Federal using amounts available in the revolving opment Act of 1986 (33 U.S.C. 2283) is amend- Government. fund established by section 101 of the Civil ed— (2) PLANNING ASSISTANCE TO STATES.—In Functions Appropriations Act, 1954 (33 U.S.C. (1) in subsection (h)— the case of a proposal from an entity author- 576) and not otherwise obligated, the Sec- (A) in paragraph (4)— ized to receive assistance under section 22 of retary may— (i) by redesignating subparagraphs (D) and the Water Resources Development Act of (1) design and construct a new building in (E) as subparagraphs (E) and (F), respec- 1974 (42 U.S.C. 1962d–16), the Secretary may Buffalo, New York, for the headquarters of tively; and

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5748 CONGRESSIONAL RECORD — SENATE September 15, 2016 (ii) by inserting after subparagraph (C) the (A) in paragraph (3)(B), in the matter pre- considered a reasonable alternative for plan- following: ceding clause (i), by striking ‘‘project’’ and ning purposes if the applicable mitigation ‘‘(D) include measures to protect or restore inserting ‘‘project, separable element, or dis- bank— habitat connectivity’’; crete segment’’; ‘‘(i) has an approved mitigation banking (B) in paragraph (6)(C), by striking ‘‘im- (B) in paragraph (4), in the matter pre- instrument; and pacts’’ and inserting ‘‘impacts, including im- ceding subparagraph (A), by striking ‘‘(ii) has completed a functional analysis of pacts to habitat connectivity’’; and ‘‘project, or a separable element of a water the potential credits using the approved (C) by striking paragraph (11) and inserting resources development project,’’ and insert- Corps of Engineers certified habitat assess- the following: ing ‘‘project, separable element, or discrete ment model specific to the region. ‘‘(11) EFFECT.—Nothing in this subsection— segment of a project’’; and ‘‘(C) EFFECT.—Nothing in this paragraph ‘‘(A) requires the Secretary to undertake (C) by adding at the end the following: modifies or alters any requirement for a additional mitigation for existing projects ‘‘(5) REPAYMENT OF REIMBURSEMENT.—If the water resources project to comply with ap- for which mitigation has already been initi- non-Federal interest receives reimbursement plicable laws or regulations, including sec- ated, including the addition of fish passage for a discrete segment of a project and fails tion 906 of the Water Resources Development to an existing water resources development to complete the entire project or separable Act of 1986 (33 U.S.C. 2283).’’. project; or element of the project, the non-Federal in- SEC. 1024. USE OF YOUTH SERVICE AND CON- ‘‘(B) affects the mitigation responsibilities terest shall repay to the Secretary the SERVATION CORPS. of the Secretary under any other provision of amount of the reimbursement, plus inter- Section 213 of the Water Resources Devel- law.’’; and est.’’. opment Act of 2000 (33 U.S.C. 2339) is amend- (2) by adding at the end the following: SEC. 1021. FUNDING TO PROCESS PERMITS. ed by adding at the end the following: ‘‘(j) USE OF FUNDS.—The Secretary may Section 214(a) of the Water Resources De- ‘‘(d) YOUTH SERVICE AND CONSERVATION use funds made available for preconstruction velopment Act of 2000 (33 U.S.C. 2352(a)) is CORPS.—The Secretary shall encourage each engineering and design prior to authoriza- amended— district of the Corps of Engineers to enter tion of project construction to satisfy miti- (1) in paragraph (1), by adding at the end into cooperative agreements authorized gation requirements through third-party ar- the following: under this section with qualified youth serv- rangements or to acquire interests in land ‘‘(C) RAIL CARRIER.—The term ‘rail carrier’ ice and conservation corps to perform appro- necessary for meeting mitigation require- has the meaning given the term in section priate projects.’’. ments under this section. 10102 of title 49, United States Code.’’; SEC. 1025. DEBRIS REMOVAL. ‘‘(k) MEASURES.—The Secretary shall con- (2) in paragraph (2), by striking ‘‘or natural Section 3 of the Act entitled ‘‘An Act au- sult with interested members of the public, gas company’’ and inserting ‘‘, natural gas thorizing the construction, repair, and pres- the Director of the United States Fish and company, or rail carrier’’; ervation of certain public works on rivers Wildlife Service, the Assistant Adminis- (3) in paragraph (3), by striking ‘‘or natural and harbors, and for other purposes’’, ap- trator for Fisheries of the National Oceanic gas company’’ and inserting ‘‘, natural gas proved March 2, 1945 (33 U.S.C. 603a), is and Atmospheric Administration, States, in- company, or rail carrier’’; and amended— cluding State fish and game departments, (4) in paragraph (5), by striking ‘‘and nat- (1) by striking ‘‘$1,000,000’’ and inserting and interested local governments to identify ural gas companies’’ and inserting ‘‘, natural ‘‘$5,000,000’’; standard measures under subsection (h)(6)(C) gas companies, and rail carriers, including (2) by striking ‘‘accumulated snags and that reflect the best available scientific in- an evaluation of the compliance with all re- other debris’’ and inserting ‘‘accumulated formation for evaluating habitat quirements of this section and, with respect snags, obstructions, and other debris located connectivity.’’. to a permit for those entities, the require- in or adjacent to a Federal channel’’; and SEC. 1019. NON-FEDERAL INTERESTS. ments of all applicable Federal laws’’. (3) by striking ‘‘or flood control’’ and in- Section 221(b)(1) of the Flood Control Act SEC. 1022. INTERNATIONAL OUTREACH PRO- serting ‘‘, flood control, or recreation’’. of 1970 (42 U.S.C. 1962d–5b(b)(1)) is amended GRAM. SEC. 1026. AQUACULTURE STUDY. by inserting ‘‘or a Native village, Regional Section 401 of the Water Resources Devel- (a) IN GENERAL.—The Comptroller General Corporation, or Village Corporation (as those opment Act of 1992 (33 U.S.C. 2329) is amend- shall carry out an assessment of the shellfish terms are defined in section 3 of the Alaska ed by striking subsection (a) and inserting aquaculture industry, including— Native Claims Settlement Act (43 U.S.C. the following: (1) an examination of Federal and State 1602))’’ after ‘‘Indian tribe’’. ‘‘(a) AUTHORIZATION.— laws (including regulations) in each relevant SEC. 1020. DISCRETE SEGMENT. ‘‘(1) IN GENERAL.—The Secretary may en- district of the Corps of Engineers; Section 204 of the Water Resources Devel- gage in activities to inform the United (2) the number of shellfish aquaculture opment Act of 1986 (33 U.S.C. 2232) is amend- States of technological innovations abroad leases, verifications, or permits in place in ed— that could significantly improve water re- each relevant district of the Corps of Engi- (1) by striking ‘‘project or separable ele- sources development in the United States. neers; ment’’ each place it appears and inserting ‘‘(2) INCLUSIONS.—Activities under para- (3) the period of time required to secure a ‘‘project, separable element, or discrete seg- graph (1) may include— shellfish aquaculture lease, verification, or ment’’; ‘‘(A) development, monitoring, assessment, permit from each relevant jurisdiction; and (2) by striking ‘‘project, or separable ele- and dissemination of information about for- (4) the experience of the private sector in ment thereof,’’ each place it appears and in- eign water resources projects that could sig- applying for shellfish aquaculture permits serting ‘‘project, separable element, or dis- nificantly improve water resources develop- from different jurisdictions of the Corps of crete segment of a project’’; ment in the United States; Engineers and different States. (3) in subsection (a)— ‘‘(B) research, development, training, and (b) STUDY AREA.—The study area shall (A) by redesignating paragraphs (1) other forms of technology transfer and ex- comprise, to the maximum extent prac- through (3) as subparagraphs (A) through (C), change; and ticable, the following applicable locations: respectively, and indenting appropriately; ‘‘(C) offering technical services that can- (1) The Chesapeake Bay. and not be readily obtained in the private sector (2) The Gulf Coast States. (B) by striking the subsection designation to be incorporated into water resources (3) The State of California. and all that follows through ‘‘In this section, projects if the costs for assistance will be re- (4) The State of Washington. the’’ and inserting the following: covered under the terms of each project.’’. (c) FINDINGS.—Not later than 225 days after ‘‘(a) DEFINITIONS.—In this section: SEC. 1023. WETLANDS MITIGATION. the date of enactment of this Act, the Comp- ‘‘(1) DISCRETE SEGMENT.—The term ‘dis- Section 2036(c) of the Water Resources De- troller General shall submit to the Commit- crete segment’, with respect to a project, velopment Act of 2007 (33 U.S.C. 2317b) is tees on Environment and Public Works and means a physical portion of the project, as amended by adding at the end the following: on Energy and Natural Resources of the Sen- described in design documents, that is envi- ‘‘(4) MITIGATION BANKS.— ate and the Committees on Transportation ronmentally acceptable, is complete, will ‘‘(A) IN GENERAL.—Not later than 180 days and Infrastructure and on Natural Resources not create a hazard, and functions independ- after the date of enactment of this para- of the House of Representatives a report con- ently so that the non-Federal sponsor can graph, the Secretary shall issue implementa- taining the findings of the assessment con- operate and maintain the discrete segment tion guidance that provides for the consider- ducted under subsection (a). in advance of completion of the total project ation in water resources development feasi- SEC. 1027. LEVEE VEGETATION. or separable element of the project. bility studies of the entire amount of poten- (a) IN GENERAL.—Section 3013(g)(1) of the ‘‘(2) WATER RESOURCES DEVELOPMENT tial in-kind credits available at mitigation Water Resources Reform and Development PROJECT.—The’’; banks and in-lieu fee programs with an ap- Act of 2014 (33 U.S.C. 701n note; Public Law (4) in subsection (b)(1), in the matter pre- proved service area that includes the pro- 113–121) is amended— ceding subparagraph (A), by striking jected impacts of the water resource develop- (1) by inserting ‘‘remove existing vegeta- ‘‘project, or separate element thereof’’ and ment project. tion or’’ after ‘‘the Secretary shall not’’; and inserting ‘‘project, separable element, or dis- ‘‘(B) REQUIREMENTS.—All potential mitiga- (2) by striking ‘‘as a condition or require- crete segment of a project’’; and tion bank and in-lieu fee credits that meet ment for any approval or funding of a (5) in subsection (d)— the criteria under subparagraph (A) shall be project, or any other action’’.

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(b) REPORT.—Not later than 30 days after (A) are known as Kennewick Man or the ‘‘(iii) the date by which the Secretary will the enactment of this Act, the Secretary Ancient One, which includes the projectile make a final decision on the request.’’. shall submit to the Committee on Environ- point lodged in the right ilium bone, as well SEC. 1034. HURRICANE AND STORM DAMAGE RE- ment and Public Works of the Senate and as any residue from previous sampling and DUCTION. the Committee on Transportation and Infra- studies; and Section 3(c)(2)(B) of the Act of August 13, structure of the House of Representatives a (B) are part of archaeological collection 1946 (33 U.S.C. 426g(c)(2)(B)) is amended by report that— number 45BN495. striking ‘‘$5,000,000’’ and inserting (1) describes the reasons for the failure of (b) TRANSFER.—Notwithstanding any other ‘‘$10,000,000’’. the Secretary to meet the deadlines in sub- provision of Federal law, including the Na- SEC. 1035. FISH HATCHERIES. section (f) of section 3013 of the Water Re- tive American Graves Protection and Repa- (a) IN GENERAL.—Notwithstanding any sources Reform and Development Act of 2014 triation Act (25 U.S.C. 3001 et seq.), or law of other provision of law, the Secretary may (33 U.S.C. 701n note; Public Law 113–121); and the State of Washington, not later than 90 operate a fish hatchery for the purpose of re- (2) provides a plan for completion of the ac- days after the date of enactment of this Act, storing a population of fish species located in tivities required in that subsection (f). the Secretary, acting through the Chief of the region surrounding the fish hatchery Engineers, shall transfer the human remains SEC. 1028. PLANNING ASSISTANCE TO STATES. that is listed as a threatened species or an to the Department, on the condition that the Section 22(a)(1) of the Water Resources De- endangered species under the Endangered Department, acting through the State His- velopment Act of 1974 (42 U.S.C. 1962d– Species Act of 1973 (16 U.S.C. 1531 et seq.) or 16(a)(1)) is amended— toric Preservation Officer, disposes of the re- a similar State law. (1) by inserting ‘‘, a group of States, or a mains and repatriates the remains to claim- (b) COSTS.—A non-Federal entity, another regional or national consortia of States’’ ant tribes. Federal agency, or a group of non-Federal after ‘‘working with a State’’; and (c) COST.—The Corps of Engineers shall be entities or other Federal agencies shall be (2) by striking ‘‘located within the bound- responsible for any costs associated with the responsible for 100 percent of the additional aries of such State’’. transfer. (d) LIMITATIONS.— costs associated with managing a fish hatch- SEC. 1029. PRIORITIZATION. ery for the purpose described in subsection Section 1011 of the Water Resources Re- (1) IN GENERAL.—The transfer shall be lim- (a) that are not authorized as of the date of form and Development Act of 2014 (33 U.S.C. ited solely to the human remains portion of enactment of this Act for the fish hatchery. 2341a) is amended— the archaeological collection. (1) in subsection (a)— (2) SECRETARY.—The Secretary shall have SEC. 1036. FEASIBILITY STUDIES AND WATER- SHED ASSESSMENTS. (A) in paragraph (1)(C), by inserting ‘‘re- no further responsibility for the human re- store or’’ before ‘‘prevent the loss’’; and mains transferred pursuant to subsection (b) (a) VERTICAL INTEGRATION AND ACCELERA- (B) in paragraph (2)— after the date of the transfer. TION OF STUDIES.—Section 1001(d) of the (i) in the matter preceding subparagraph SEC. 1031. DISPOSITION STUDIES. Water Resources Reform and Development (A), by striking ‘‘the date of enactment of In carrying out any disposition study for a Act of 2014 (33 U.S.C. 2282c(d)) is amended by this Act’’ and inserting ‘‘the date of enact- project of the Corps of Engineers (including striking paragraph (3) and inserting the fol- ment of the Water Resources Development a study under section 216 of the Flood Con- lowing: Act of 2016’’; and trol Act of 1970 (33 U.S.C. 549a)), the Sec- ‘‘(3) REPORT.—Not later than February 1 of (ii) in subparagraph (A)(ii), by striking retary shall consider the extent to which the each year, the Secretary shall submit to the ‘‘that—’’ and all that follows through ‘‘(II)’’ property has economic or recreational sig- Committee on Environment and Public and inserting ‘‘that’’; and nificance or impacts at the national, State, Works of the Senate and the Committee on (2) in subsection (b)— or local level. Transportation and Infrastructure of the (A) in paragraph (1), by redesignating sub- SEC. 1032. TRANSFER OF EXCESS CREDIT. House of Representatives a report that iden- paragraphs (A) through (C) as clauses (i) Section 1020 of the Water Resources Re- tifies any feasibility study for which the Sec- through (iii), respectively, and indenting ap- form and Development Act of 2014 (33 U.S.C. retary in the preceding fiscal year approved propriately; 2223) is amended— an increase in cost or extension in time as (B) by redesignating paragraphs (1) and (2) (1) in subsection (a)— provided under this section, including an as subparagraphs (A) and (B), respectively, (A) by striking the subsection designation identification of the specific 1 or more fac- and indenting appropriately; and heading and all that follows through tors used in making the determination that (C) in the matter preceding subparagraph ‘‘Subject to subsection (b)’’ and inserting the the project is complex.’’. (A) (as so redesignated), by striking ‘‘For’’ following: (b) COST SHARING.—Section 105(a)(1)(A) of and inserting the following: ‘‘(a) APPLICATION OF CREDIT.— the Water Resources Development Act of ‘‘(1) IN GENERAL.—For’’; and ‘‘(1) IN GENERAL.—Subject to subsection 1986 (33 U.S.C. 2215(a)(1)(A)) is amended— (D) by adding at the end the following: (b)’’; and (1) by striking the subparagraph designa- ‘‘(2) EXPEDITED CONSIDERATION OF CUR- (B) by adding at the end the following: tion and heading and all that follows RENTLY AUTHORIZED PROGRAMMATIC AUTHORI- ‘‘(2) REASONABLE INTERVALS.—On request through ‘‘The Secretary’’ and inserting the TIES.—Not later than 180 days after the date from a non-Federal interest, the credit de- following: of enactment of the Water Resources Devel- scribed in subsection (a) may be applied at ‘‘(A) REQUIREMENT.— opment Act of 2016, the Secretary shall sub- reasonable intervals as those intervals occur ‘‘(i) IN GENERAL.—Except as provided in mit to the Committee on Environment and and are identified as being in excess of the clause (ii), the Secretary’’; and Public Works of the Senate and the Com- required non-Federal cost share prior to (2) by adding at the end the following: mittee on Transportation and Infrastructure completion of the study or project if the ‘‘(ii) EXCEPTION.—For the purpose of meet- of the House of Representatives a report that credit amount is verified by the Secretary.’’; ing or otherwise communicating with pro- contains— (2) by striking subsection (d); and spective non-Federal sponsors to identify the ‘‘(A) a list of all programmatic authorities (3) by redesignating subsection (e) as sub- scope of a potential water resources project for aquatic ecosystem restoration or im- section (d). feasibility study, identifying the Federal in- provement of the environment that— SEC. 1033. SURPLUS WATER STORAGE. terest, developing the cost sharing agree- ‘‘(i) were authorized or modified in the Section 1046(c) of the Water Resources Re- ment, and developing the project manage- Water Resources Development Act of 2007 form and Development Act of 2014 (Public ment plan, the first $100,000 of the feasibility (Public Law 110–114; 121 Stat. 1041) or any Law 113–121; 128 Stat. 1254) is amended by study shall be a Federal expense.’’. subsequent Act; and adding at the end the following: (c) NON-FEDERAL SHARE.—Section 729(f)(1) ‘‘(ii) that meet the criteria described in ‘‘(5) TIME LIMIT.— of the Water Resources Development Act of paragraph (1); and ‘‘(A) IN GENERAL.—If the Secretary has doc- 1986 (33 U.S.C. 2267a(f)(1)) is amended by in- ‘‘(B) a plan for expeditiously completing umented the volume of surplus water avail- serting before the period at the end ‘‘, except the projects under the authorities described able, not later than 60 days after the date on that the first $100,000 of the assessment shall in subparagraph (A), subject to available which the Secretary receives a request for a be a Federal expense’’. funding.’’. contract and easement, the Secretary shall SEC. 1037. SHORE DAMAGE PREVENTION OR MITI- SEC. 1030. KENNEWICK MAN. issue a decision on the request. GATION. (a) DEFINITIONS.—In this section: ‘‘(B) OUTSTANDING INFORMATION.—If the Section 111 of the River and Harbor Act of (1) CLAIMANT TRIBES.—The term ‘‘claimant Secretary has not documented the volume of 1968 (33 U.S.C. 426i) is amended— tribes’’ means the Indian tribes and band re- surplus water available, not later than 30 (1) in subsection (b), by striking ‘‘meas- ferred to in the letter from Secretary of the days after the date on which the Secretary ures’’ and all that follows through ‘‘project’’ Interior Bruce Babbitt to Secretary of the receives a request for a contract and ease- and inserting ‘‘measures, including a study, Army Louis Caldera, relating to the human ment, the Secretary shall provide to the re- shall be cost-shared in the same proportion remains and dated September 21, 2000. quester— as the cost-sharing provisions applicable to (2) DEPARTMENT.—The term ‘‘Department’’ ‘‘(i) an identification of any outstanding construction of the project’’; and means the Washington State Department of information that is needed to make a final (2) by adding at the end the following: Archaeology and Historic Preservation. decision; ‘‘(e) REIMBURSEMENT FOR FEASIBILITY (3) HUMAN REMAINS.—The term ‘‘human re- ‘‘(ii) the date by which the information re- STUDIES.—Beginning on the date of enact- mains’’ means the human remains that— ferred to in clause (i) shall be obtained; and ment of this subsection, in any case in which

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the Secretary implements a project under ‘‘(3) SOVEREIGN IMMUNITY.—The Secretary velopment Act of 1996 (33 U.S.C. 701b–13) be- this section, the Secretary shall reimburse shall not require an Indian tribe to waive the fore the date of enactment of this Act’’ and or credit the non-Federal interest for any sovereign immunity of the Indian tribe as a inserting ‘‘for which a written agreement amounts contributed for the study evalu- condition to entering into a cost-sharing with the Corps of Engineers for construction ating the damage in excess of the non-Fed- agreement under this subsection. was finalized on or before December 31, 2014, eral share of the costs, as determined under ‘‘(4) WATER RESOURCES DEVELOPMENT under section 211 of the Water Resources De- subsection (b).’’. PROJECTS.— velopment Act of 1996 (33 U.S.C. 701b–13) (as SEC. 1038. ENHANCING LAKE RECREATION OP- ‘‘(A) IN GENERAL.—The non-Federal share it existed before the repeal made by section PORTUNITIES. of costs for the study of a water resources de- 1014(c)(3))’’; and Section 3134 of the Water Resources Devel- velopment project described in subsection (2) in subsection (b), by striking ‘‘share of opment Act of 2007 (Public Law 110–114; 121 (b)(1) shall be 50 percent. the cost of the non-Federal interest of car- Stat. 1142) is amended by striking subsection ‘‘(B) OTHER COSTS.—The non-Federal share rying out other flood damage reduction (e). of costs of design and construction of a projects or studies’’ and inserting ‘‘non-Fed- SEC. 1039. COST ESTIMATES. project described in subparagraph (A) shall eral share of the cost of carrying out other Section 2008 of the Water Resources Devel- be assigned to the appropriate project pur- water resources development projects or opment Act of 2007 (33 U.S.C. 2340) is amend- poses described in sections 101 and 103 of the studies of the non-Federal interest’’. ed by striking subsection (c). Water Resources Development Act of 1986 (33 SEC. 1044. RETROACTIVE CHANGES TO COST- SEC. 1040. TRIBAL PARTNERSHIP PROGRAM. U.S.C. 2211, 2213) and shared in the same per- SHARING AGREEMENTS. Section 203 of the Water Resources Devel- centages as the purposes to which the costs Study costs incurred before the date of opment Act of 2000 (33 U.S.C. 2269) is amend- are assigned. execution of a feasibility cost-sharing agree- ed— ‘‘(5) PROJECTS FOR THE PRESERVATION OF ment for a project to be carried out under (1) in subsection (b)— CULTURAL AND NATURAL RESOURCES.— section 206 of the Water Resources Develop- (A) in paragraph (1), in the matter pre- ‘‘(A) IN GENERAL.—The non-Federal share ment Act of 1996 (33 U.S.C. 2330) shall be Fed- ceding subparagraph (A), by striking ‘‘the of costs for the study of a project for the eral costs, if— Secretary’’ and all that follows through preservation of cultural and natural re- (1) the study was initiated before October ‘‘projects’’ and inserting ‘‘the Secretary may sources described in subsection (b)(1) shall be 1, 2006; and carry out water-related planning activities, 50 percent. (2) the feasibility cost-sharing agreement or activities relating to the study, design, ‘‘(B) OTHER COSTS.—The non-Federal share was not executed before January 1, 2014. and construction of water resources develop- of costs of design and construction of a SEC. 1045. EASEMENTS FOR ELECTRIC, TELE- ment projects or projects for the preserva- project described in subparagraph (A) shall be 65 percent. PHONE, OR BROADBAND SERVICE tion of cultural and natural resources,’’; FACILITIES ELIGIBLE FOR FINANC- (B) in paragraph (2), in the matter pre- ‘‘(6) WATER-RELATED PLANNING ACTIVI- ING UNDER THE RURAL ELEC- ceding subparagraph (A), by striking ‘‘(2) TIES.— TRIFICATION ACT OF 1936. ‘‘(A) IN GENERAL.—The non-Federal share MATTERS TO BE STUDIED.—A study’’ and in- (a) DEFINITION OF WATER RESOURCES DE- of costs of a watershed and river basin as- serting the following: VELOPMENT PROJECT.—In this section, the ‘‘(2) AUTHORIZED ACTIVITIES.—Any activ- sessment shall be 25 percent. term ‘‘water resources development project’’ THER COSTS.—The non-Federal share ity’’; and ‘‘(B) O means a project under the administrative ju- of costs of other water-related planning ac- (C) by adding at the end the following: risdiction of the Corps of Engineers that is tivities described in subsection (b)(1) shall be ‘‘(3) FEASIBILITY STUDY AND REPORTS.— subject to part 327 of title 36, Code of Federal 65 percent.’’; and ‘‘(A) IN GENERAL.—On the request of an In- Regulations (or successor regulations). (4) by striking subsection (e). dian tribe, the Secretary shall conduct a (b) NO CONSIDERATION FOR EASEMENTS.— study, and provide to the Indian tribe a re- SEC. 1041. COST SHARING FOR TERRITORIES AND The Secretary may not collect consideration INDIAN TRIBES. port describing the feasibility of a water re- for an easement across water resources de- Section 1156 of the Water Resources Devel- sources development project or project for velopment project land for the electric, tele- opment Act of 1986 (33 U.S.C. 2310) is amend- the preservation of cultural and natural re- phone, or broadband service facilities of non- ed— sources described in paragraph (1). profit organizations eligible for financing (1) in the section heading, by striking ‘‘(B) RECOMMENDATION.—A report under under the Rural Electrification Act of 1936 (7 ‘‘TERRITORIES’’ and inserting ‘‘TERRITORIES subparagraph (A) may, but shall not be re- U.S.C. 901 et seq.). quired to, contain a recommendation on a AND INDIAN TRIBES’’; and (c) ADMINISTRATIVE EXPENSES.—Nothing in specific water resources development (2) by striking subsection (a) and inserting this section affects the authority of the Sec- project. the following: retary under section 2695 of title 10, United ‘‘(C) FUNDING.—The first $100,000 of a study ‘‘(a) IN GENERAL.—The Secretary shall States Code, or under section 9701 of title 31, under this paragraph shall be at full Federal waive local cost-sharing requirements up to United State Code, to collect funds to cover expense. $200,000 for all studies, projects, and assist- reasonable administrative expenses incurred ‘‘(4) DESIGN AND CONSTRUCTION.— ance under section 22(a) of the Water Re- by the Secretary. ‘‘(A) IN GENERAL.—The Secretary may sources Development Act of 1974 (42 U.S.C. carry out the design and construction of a 1962d–16(a))— SEC. 1046. STUDY ON THE PERFORMANCE OF IN- water resources development project or ‘‘(1) in American Samoa, Guam, the North- NOVATIVE MATERIALS. project for the preservation of cultural and ern Mariana Islands, the Virgin Islands, (a) DEFINITION OF INNOVATIVE MATERIAL.— natural resources described in paragraph (1) Puerto Rico, and the Trust Territory of the In this section, the term ‘‘innovative mate- that the Secretary determines is feasible if Pacific Islands; and rial’’, with respect to a water resources de- the Federal share of the cost of the project is ‘‘(2) for any Indian tribe (as defined in sec- velopment project, includes high perform- not more than $10,000,000. tion 102 of the Federally Recognized Indian ance concrete formulations, geosynthetic ‘‘(B) SPECIFIC AUTHORIZATION.—If the Fed- Tribe List Act of 1994 (25 U.S.C. 5130)).’’. materials, advanced alloys and metals, rein- eral share of the cost of a project described SEC. 1042. LOCAL GOVERNMENT WATER MANAGE- forced polymer composites, and any other in subparagraph (A) is more than $10,000,000, MENT PLANS. material, as determined by the Secretary. the Secretary may only carry out the project The Secretary, with the consent of the (b) STUDY.— if Congress enacts a law authorizing the Sec- non-Federal sponsor of a feasibility study for (1) IN GENERAL.—The Secretary shall offer retary to carry out the project.’’; a water resources development project, may to enter into a contract with the Transpor- (2) in subsection (c)— enter into a feasibility study cost-sharing tation Research Board of the National Acad- (A) in paragraph (1), by striking ‘‘studies’’ agreement under section 221(a) of the Flood emy of Sciences— and inserting ‘‘any activity’’; and Control Act of 1970 (42 U.S.C. 1962d–5b(a)), to (A) to develop a proposal to study the use (B) in paragraph (2)(B), by striking ‘‘car- allow a unit of local government in a water- and performance of innovative materials in rying out projects studied’’ and inserting shed that has adopted a local or regional water resources development projects car- ‘‘any activity conducted’’; water management plan to participate in the ried out by the Corps of Engineers; and (3) in subsection (d)— feasibility study to determine if there is an (B) after the opportunity for public com- (A) in paragraph (1)(A), by striking ‘‘a opportunity to include additional feasible ment provided in accordance with subsection study’’ and inserting ‘‘any activity con- elements in the project being studied to help (c), to carry out the study proposed under ducted’’; and achieve the purposes identified in the local subparagraph (A). (B) by striking paragraph (2) and inserting or regional water management plan. (2) CONTENTS.—The study under paragraph the following: SEC. 1043. CREDIT IN LIEU OF REIMBURSEMENT. (1) shall identify— ‘‘(2) CREDIT.—The Secretary may credit to- Section 1022 of the Water Resources Re- (A) the conditions that result in degrada- ward the non-Federal share of the costs of form and Development Act of 2014 (33 U.S.C. tion of water resources infrastructure; any activity conducted under subsection (b) 2225) is amended— (B) the capabilities of the innovative mate- the cost of services, studies, supplies, or (1) in subsection (a), by striking ‘‘that has rials in reducing degradation; other in-kind contributions provided by the been constructed by a non-Federal interest (C) barriers to the expanded successful use non-Federal interest. under section 211 of the Water Resources De- of innovative materials;

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(D) recommendations on including per- (B) the initial units of the Colorado River (e) UPDATES.—If the Secretary determines formance-based requirements for the incor- Storage Project, as authorized by the first under subsection (c) that an update to a poration of innovative materials into the section of the Act of April 11, 1956 (com- flood control rule curve and associated Unified Facilities Guide Specifications; monly known as the ‘‘Colorado River Stor- changes to a water operations manual is ap- (E) recommendations on how greater use of age Project Act’’) (43 U.S.C. 620); propriate, the Secretary may update the innovative materials could increase perform- (C) any dam or reservoir operated by the flood control rule curve and manual in ac- ance of an asset of the Corps of Engineers in Bureau of Reclamation as reserved works, cordance with the authorities in effect on relation to extended service life; unless all non-Federal project sponsors of the day before the date of enactment of this (F) additional ways in which greater use of the reserved works jointly provide to the Act. innovative materials could empower the Secretary a written request for application (f) FUNDING.— Corps of Engineers to accomplish the goals of this section to the project; (1) IN GENERAL.—Subject to subsection (d), of the Strategic Plan for Civil Works of the (D) any dam or reservoir owned and oper- the Secretary may accept and expend Corps of Engineers; and ated by the Corps of Engineers; or amounts from the entities described in para- (G) recommendations on any further re- (E) any Bureau of Reclamation transferred graph (2) to fund all or part of the cost of search needed to improve the capabilities of works, unless the transferred works oper- carrying out a review under subsection (c) or innovative materials in achieving extended ating entity provides to the Secretary a an update under subsection (e), including service life and reduced maintenance costs in written request for application of this sec- any associated environmental documenta- water resources development infrastructure. tion to the project. tion. (2) DESCRIPTION OF ENTITIES.—The entities (c) PUBLIC COMMENT.—After developing the (c) REVIEW.— referred to in paragraph (1) are— study proposal under subsection (b)(1)(A) and (1) IN GENERAL.—In accordance with the before carrying out the study under sub- authorities of the Secretary in effect on the (A) non-Federal entities responsible for op- section (b)(1)(B), the Secretary shall provide day before the date of enactment of this Act, erations and maintenance costs at the af- an opportunity for public comment on the at the reservoirs described in paragraph (2), fected reservoir; study proposal. the Secretary may— (B) individuals and non-Federal entities (d) CONSULTATION.—In carrying out the (A) review any flood control rule curves de- with storage entitlements at the affected study under subsection (b)(1), the Secretary, veloped by the Secretary; and reservoir; at a minimum, shall consult with relevant (B) determine, based on the best available (C) a Federal power marketing agency that experts on engineering, environmental, and science (including improved weather fore- markets power produced by the affected res- industry considerations. casts and forecast-informed operations, new ervoir; (e) REPORT TO CONGRESS.—Not later than 2 watershed data, or structural improvements) (D) units of local government; years after the date of enactment of this whether an update to the flood control rule (E) public or private entities holding con- Act, the Secretary shall submit to Congress tracts with the Federal Government for a report describing the results of the study curves and associated changes to the water operations manuals is appropriate. water storage or water supply at the affected required under subsection (b)(1). reservoir; and (2) DESCRIPTION OF RESERVOIRS.—The res- SEC. 1047. DEAUTHORIZATION OF INACTIVE ervoirs referred to in paragraph (1) are res- (F) a nonprofit entity, with the consent of PROJECTS. the affected unit of local government. (a) IN GENERAL.—Section 6001(c) of the ervoirs— (A)(i) located in areas with prolonged (3) IN-KIND CONTRIBUTIONS.—The Secretary Water Resources Reform and Development may— Act of 2014 (33 U.S.C. 579b(c)) is amended by drought conditions; or (ii) for which no review has occurred dur- (A) accept and use materials and services adding at the end the following: contributed by an entity described in para- ‘‘(5) DEFINITION OF CONSTRUCTION.—In this ing the 10-year period preceding the date of enactment of this Act; and graph (2) under this subsection; and subsection, the term ‘construction’ includes (B) credit the value of the contributed ma- the obligation or expenditure of non-Federal (B) for which individuals or entities, in- cluding the individuals or entities respon- terials and services toward the cost of car- funds for construction of elements integral rying out a review or revision of operational to the authorized project, whether or not the sible for operations and maintenance costs or that have storage entitlements or con- documents under this section. activity takes place pursuant to any agree- (g) PROTECTION OF EXISTING RIGHTS.—The tracts at a reservoir, a unit of local govern- ment with, expenditure by, or obligation Secretary shall not issue an updated flood from the Secretary.’’. ment, the owner of a non-Federal project, or control rule curve or operations manual (b) NOTICES OF CORRECTION.—Not later than the non-Federal transferred works operating under subsection (e) that— 60 days after the date of enactment of this entity, as applicable, have submitted to the (1) interferes with an authorized purpose of Act, the Secretary shall publish in the Fed- Secretary a written request to carry out the the project or the existing purposes of a non- eral Register a notice of correction removing review described in paragraph (1). Federal project regulated for flood control from the lists under subsections (c) and (d) of (3) REQUIRED CONSULTATION.—In carrying by the Secretary; section 6001 of the Water Resources Reform out a review under paragraph (1) and prior to (2) reduces the ability to meet contractual and Development Act of 2014 (33 U.S.C. 579b) updating any flood control rule curves and rights to water or storage at the reservoir; any project that was listed even though con- manuals under subsection (e), the Secretary (3) adversely impacts legal rights to water struction (as defined in subsection (c)(5) of shall comply with all applicable public par- under State law; that section) took place. ticipation and agency review requirements, (4) fails to address appropriate credit for SEC. 1048. REVIEW OF RESERVOIR OPERATIONS. including consultation with— the appropriate power marketing agency, if (a) DEFINITIONS.—In this section: (A) affected States, Indian tribes, and applicable; or (1) RESERVED WORKS.—The term ‘‘reserved other Federal and State agencies with juris- (5) if a project is subject to section 301(e) of works’’ means any Bureau of Reclamation diction over a portion of or all of the project the Water Supply Act of 1958 (43 U.S.C. project facility at which the Secretary of the or the operations of the project; 390b(e)), makes modifications to the project Interior carries out the operation and main- (B) the applicable power marketing admin- that do not meet the requirements of that tenance of the project facility. istration, in the case of reservoirs with Fed- section, unless the modification is submitted (2) TRANSFERRED WORKS.—The term ‘‘trans- eral hydropower projects; to and authorized by Congress. ferred works’’ means a Bureau of Reclama- (C) any non-Federal entity responsible for (h) EFFECT OF SECTION.—Nothing in this tion project facility, the operation and main- operation and maintenance costs; section— tenance of which is carried out by a non-Fed- (D) any entity that has a contractual right (1) authorizes the Secretary to take any eral entity under the provisions of a formal to withdraw water from, or use storage at, action not otherwise authorized as of the operation and maintenance transfer con- the project; date of enactment of this Act; tract. (E) any entity that the State determines (2) affects or modifies any obligation of the (3) TRANSFERRED WORKS OPERATING ENTI- holds rights under State law to the use of Secretary under Federal or State law; or TY.—The term ‘‘transferred works operating water from the project; and (3) affects or modifies any other authority entity’’ means the organization that is con- (F) any unit of local government with flood of the Secretary to review or modify res- tractually responsible for operation and risk reduction responsibilities downstream ervoir operations. maintenance of transferred works. of the project. SEC. 1049. WRITTEN AGREEMENT REQUIREMENT (b) APPLICABILITY.— (d) AGREEMENT.—Before carrying out an FOR WATER RESOURCES PROJECTS. (1) IN GENERAL.—This section applies to activity under this section, the Secretary Section 221(a)(3) of the Flood Control Act reservoirs that are subject to regulation by shall enter into a cooperative agreement, of 1970 (42 U.S.C. 1962d–5b(a)(3)) is amended the Secretary under section 7 of the Act of memorandum of understanding, or other by striking ‘‘State legislature, the agree- December 22, 1944 (33 U.S.C. 709) located in a agreement with an affected State, any owner ment may reflect’’ and inserting ‘‘State leg- State in which a Bureau of Reclamation or operator of the reservoir, and, on request, islature, on the request of the State, body project is located. any non-Federal entities responsible for op- politic, or entity, the agreement shall re- (2) EXCLUSIONS.—This section shall not eration and maintenance costs at the res- flect’’. apply to— ervoir, that describes the scope and goals of SEC. 1050. MAXIMUM COST OF PROJECTS. (A) any project authorized by the Boulder the activity and the coordination among the Section 902 of the Water Resources Devel- Canyon Project Act (43 U.S.C. 617 et seq.); parties. opment of 1986 (33 U.S.C. 2280) is amended—

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5752 CONGRESSIONAL RECORD — SENATE September 15, 2016 (1) in subsection (a)(2)(A), by striking ‘‘in- (1) affects the authority of the Secretary standard (as defined in section 335.7 of title dexes’’ and inserting ‘‘indexes, including ac- under section 2695 of title 10, United States 33, Code of Federal Regulations (or successor tual appreciation in relevant real estate Code, to accept funds or to cover the admin- regulations)) if the disposal violates applica- markets’’; and istrative expenses relating to certain real ble State water quality standards approved (2) in subsection (b)— property transactions; by the Administrator of the Environmental (A) by striking ‘‘Notwithstanding sub- (2) affects the application of section 6 of Protection Agency under section 303 of the section (a), in accordance with section 5 of the Act of December 22, 1944 (33 U.S.C. 708) Federal Water Pollution Control Act (33 the Act of June 22, 1936 (33 U.S.C. 701h)’’ and (commonly known as the ‘‘Flood Control Act U.S.C. 1313). inserting the following: of 1944’’) or the Water Supply Act of 1958 (43 SEC. 2005. CAPE ARUNDEL DISPOSAL SITE, ‘‘(1) IN GENERAL.—Notwithstanding sub- U.S.C. 390b) to surplus water stored outside MAINE. section (a)’’; of the Lake Cumberland Watershed, Ken- (a) DEADLINE.—The Cape Arundel Disposal (B) in paragraph (1) (as so designated)— tucky and Tennessee; or Site selected by the Department of the Army (i) by striking ‘‘funds’’ the first place it ap- (3) affects the authority of the Secretary as an alternative dredged material disposal pears and inserting ‘‘funds, in-kind contribu- to accept funds under section 216(c) of the site under section 103(b) of the Marine Pro- tions, and land, easements, and right-of-way, Water Resources Development Act of 1996 (33 tection, Research, and Sanctuaries Act of relocations, and dredged material disposal U.S.C. 2321a). 1972 (33 U.S.C. 1413(b)) and reopened pursuant to section 113 of the Energy and Water De- areas’’; and SEC. 1054. GAO REVIEW AND REPORT. velopment and Related Agencies Appropria- (ii) by striking ‘‘such funds’’ each place it Not later than 2 years after the date of en- tions Act, 2014 (Public Law 113–76; 128 Stat. appears and inserting ‘‘the contributions’’; actment of this Act, the Comptroller General 158) (referred to in this section as the ‘‘Site’’) and of the United States shall conduct a review, may remain open until the earlier of— (C) by adding at the end the following: and submit to Congress a report on the im- (1) the date on which the Site does not ‘‘(2) LIMITATION.—Funds, in-kind contribu- plementation and effectiveness of the have any remaining disposal capacity; tions, and land, easements, and right-of-way, projects carried out under section 219 of the (2) the date on which an environmental im- relocations, and dredged material disposal Water Resources Development Act of 1992 pact statement designating an alternative areas provided under this subsection are not (Public Law 102–580; 106 Stat. 4835). eligible for credit or repayment and shall not dredged material disposal site for southern TITLE II—NAVIGATION be included in calculating the total cost of Maine has been completed; or the project.’’. SEC. 2001. PROJECTS FUNDED BY THE INLAND (3) the date that is 5 years after the date of WATERWAYS TRUST FUND. SEC. 1051. CONVERSION OF SURPLUS WATER enactment of this Act. AGREEMENTS. Beginning on June 10, 2014, and ending on (b) LIMITATIONS.—The use of the Site as a Section 6 of the Act of December 22, 1944 the date that is 15 years after the date of en- dredged material disposal site under sub- (33 U.S.C. 708), is amended— actment of this Act, section 1001(b)(2) of the section (a) shall be subject to the conditions that— (1) by striking ‘‘SEC. 6. That the Secretary’’ Water Resources Development Act of 1986 (33 and inserting the following: U.S.C. 579a(b)(2)) shall not apply to any (1) conditions at the Site remain suitable for the continued use of the Site as a dredged ‘‘SEC. 6. SALE OF SURPLUS WATERS FOR DOMES- project authorized to receive funding from TIC AND INDUSTRIAL USES. the Inland Waterways Trust Fund estab- material disposal site; and ‘‘(a) IN GENERAL.—The Secretary’’; and lished by section 9506(a) of the Internal Rev- (2) the Site not be used for the disposal of (2) by adding at the end the following: enue Code of 1986. more than 80,000 cubic yards from any single ‘‘(b) CONTINUATION OF CERTAIN WATER SUP- SEC. 2002. OPERATION AND MAINTENANCE OF dredging project. PLY AGREEMENTS.—In any case in which a FUEL-TAXED INLAND WATERWAYS. SEC. 2006. MAINTENANCE OF HARBORS OF REF- water supply agreement was predicated on Section 102(c) of the Water Resources De- UGE. water that was surplus to a purpose and pro- velopment Act of 1986 (33 U.S.C. 2212(c)) is The Secretary is authorized to maintain vided for contingent permanent storage amended by adding at the end the following: federally authorized harbors of refuge to re- store and maintain the authorized dimen- rights under section 301 of the Water Supply ‘‘(3) CREDIT OR REIMBURSEMENT.—The Fed- Act of 1958 (43 U.S.C. 390b) pending the need eral share of operation and maintenance car- sions of the harbors. for storage for that purpose, and that pur- ried out by a non-Federal interest under this SEC. 2007. AIDS TO NAVIGATION. pose is no longer authorized, the Secretary subsection after the date of enactment of the (a) IN GENERAL.—The Secretary shall— of the Army shall continue the agreement Water Resources Reform and Development (1) consult with the Commandant of the with the same payment and all other terms Act of 2014 shall be eligible for reimburse- Coast Guard regarding navigation on the as in effect prior to deauthorization of the ment or for credit toward— Ouachita-Black Rivers; and purpose if the non-Federal entity has met all ‘‘(A) the non-Federal share of future oper- (2) share information regarding the assist- of the conditions of the agreement. ation and maintenance under this sub- ance that the Secretary can provide regard- ‘‘(c) PERMANENT STORAGE AGREEMENTS.—In section; or ing the placement of any aids to navigation any case in which a water supply agreement ‘‘(B) any measure carried out by the Sec- on the rivers referred to in paragraph (1). (b) REPORT.—Not later than 1 year after with a duration of 30 years or longer was retary under section 3017(a) of the Water Re- the date of enactment of this Act, the Sec- predicated on water that was surplus to a sources Reform and Development Act of 2014 retary shall submit to the Committee on En- purpose and provided for the complete pay- (33 U.S.C. 3303a note; Public Law 113–121).’’. ment of the actual investment costs of stor- vironment and Public Works of the Senate SEC. 2003. FUNDING FOR HARBOR MAINTENANCE and the Committee on Transportation and age to be used, and that purpose is no longer PROGRAMS. authorized, the Secretary of the Army shall Infrastructure of the House of Representa- Section 2101 of the Water Resources Re- tives a report on the outcome of the con- provide to the non-Federal entity an oppor- form and Development Act of 2014 (33 U.S.C. tunity to convert the agreement to a perma- sultation under subsection (a). 2238b) is amended— SEC. 2008. BENEFICIAL USE OF DREDGED MATE- nent storage agreement in accordance with (1) in subsection (b)(1), in the matter pre- section 301 of the Water Supply Act of 1958 RIAL. ceding subparagraph (A), by striking ‘‘The Section 204 of the Water Resources Devel- (43 U.S.C. 390b), with the same payment target total’’ and inserting ‘‘Except as pro- terms incorporated in the agreement.’’. opment Act of 1992 (33 U.S.C. 2326) is amend- vided in subsection (c), the target total’’; ed by adding at the end the following: SEC. 1052. AUTHORIZED FUNDING FOR INTER- (2) by redesignating subsection (c) as sub- (1) in subsection (a)(1)— AGENCY AND INTERNATIONAL SUP- section (d); and PORT. (A) by striking ‘‘For sediment’’ and insert- Section 234(d)(1) of the Water Resources (3) by inserting after subsection (b) the fol- ing the following: Development Act of 1996 (33 U.S.C. lowing: ‘‘(A) IN GENERAL.—For sediment’’; and 2323a(d)(1)) is amended by striking ‘‘(c) EXCEPTION.—If the target total budget (B) by adding at the end the following: ‘‘$1,000,000’’ and inserting ‘‘$5,000,000’’. resources for a fiscal year described in sub- ‘‘(B) SEDIMENT FROM OTHER FEDERAL paragraphs (A) through (J) of subsection SEC. 1053. SURPLUS WATER STORAGE. SOURCES AND NON-FEDERAL SOURCES.—For (b)(1) is lower than the target total budget (a) IN GENERAL.—The Secretary shall not purposes of projects carried out under this resources for the previous fiscal year, then charge a fee for surplus water under a con- section, the Secretary may include sediment the target total budget resources shall be ad- tract entered into pursuant to section 6 of from other Federal sources and non-Federal justed to be equal to the lesser of— the Act of December 22, 1944 (33 U.S.C. 708) sources, subject to the requirement that any ‘‘(1) 103 percent of the total budget re- (commonly known as the ‘‘Flood Control Act sediment obtained from a non-Federal source sources appropriated for the previous fiscal of 1944’’) if the contract is for surplus water shall not be obtained at Federal expense.’’; year; or stored in the Lake Cumberland Watershed, and ‘‘(2) 100 percent of the total amount of har- Kentucky and Tennessee. (2) in subsection (d), by adding at the end (b) TERMINATION.—The limitation under bor maintenance taxes received in the pre- the following: subsection (a) shall expire on the date that is vious fiscal year.’’. ‘‘(3) SPECIAL RULE.—Disposal of dredged 2 years after the date of enactment of this SEC. 2004. DREDGED MATERIAL DISPOSAL. material under this subsection may include a Act. Disposal of dredged material shall not be single or periodic application of sediment for (c) APPLICABILITY.—Nothing in this sec- considered environmentally acceptable for beneficial use and shall not require oper- tion— the purposes of identifying the Federal ation and maintenance.

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‘‘(4) DISPOSAL AT NON-FEDERAL COST.—The ‘‘(i) 50 percent of the funds shall be equally (b) DREDGING ACTIVITIES.—The Secretary Secretary may accept funds from a non-Fed- divided between the eligible donor ports as shall carry out dredging activities on shal- eral interest to dispose of dredged material authorized by this section; and low draft ports located on the inland Mis- as provided under section 103(d)(1) of the ‘‘(ii) 50 percent of the funds shall be divided sissippi River to the respective authorized Water Resources Development Act of 1986 (33 between the eligible donor ports and eligible widths and depths of those inland ports, as U.S.C. 2213(d)(1)).’’. medium-sized donor ports based on the per- authorized on the date of enactment of this centage of the total Harbor Maintenance Tax Act. SEC. 2009. OPERATION AND MAINTENANCE OF revenues generated at each eligible donor HARBOR PROJECTS. (c) AUTHORIZATION OF APPROPRIATIONS.— port and medium-sized donor port.’’; For each fiscal year, there is authorized to Section 210(c)(3) of the Water Resources (3) in subsection (c), in the matter pre- be appropriated to the Secretary to carry Development Act of 1986 (33 U.S.C. 2238(c)(3)) ceding paragraph (1), by striking ‘‘donor out this section $25,000,000. is amended by striking ‘‘for each of fiscal port’’ and inserting ‘‘donor port, a medium- SEC. 2013. IMPLEMENTATION GUIDANCE. years 2015 through 2022’’ and inserting ‘‘for sized donor port,’’; Section 2102 of the Water Resources Re- each fiscal year’’. (4) by striking subsection (d) and inserting form and Development Act of 2014 (Public SEC. 2010. ADDITIONAL MEASURES AT DONOR the following: Law 113–121; 128 Stat. 1273) is amended by PORTS AND ENERGY TRANSFER ‘‘(d) ADMINISTRATION OF PAYMENTS.— adding at the end the following: ‘‘(1) IN GENERAL.—If a donor port, a me- PORTS. ‘‘(d) GUIDANCE.—Not later than 90 days dium-sized donor port, or an energy transfer Section 2106 of the Water Resources Re- after the date of enactment of the Water Re- port elects to provide payments to importers form and Development Act of 2014 (33 U.S.C. sources Development Act of 2016 the Sec- or shippers under subsection (c), the Sec- retary shall publish on the website of the 2238c) is amended— retary shall transfer to the Commissioner of Corps of Engineers guidance on the imple- (1) in subsection (a)— Customs and Border Protection the amount mentation of this section and the amend- (A) by redesignating paragraphs (2) that would otherwise be provided to the port ments made by this section.’’. through (6) as paragraphs (3) through (7), re- under this section that is equal to those pay- spectively; ments to provide the payments to the im- SEC. 2014. REMOTE AND SUBSISTENCE HARBORS. (B) by inserting after paragraph (1) the fol- porters or shippers of the discretionary cargo Section 2006 of the Water Resources Devel- lowing: that is— opment Act of 2007 (33 U.S.C. 2242) is amend- ‘‘(2) DISCRETIONARY CARGO.—The term ‘dis- ‘‘(A) shipped through respective eligible ed— cretionary cargo’ means maritime cargo that ports; and (1) in subsection (a)(3), by inserting ‘‘in is destined for inland locations and that can ‘‘(B) most at risk of diversion to seaports which the project is located or of a commu- be economically shipped through multiple outside of the United States. nity that is located in the region that is seaports located in different countries or re- ‘‘(2) REQUIREMENT.—The Secretary, in con- served by the project and that will rely on gions.’’; sultation with the eligible port, shall limit the project’’ after ‘‘community’’; and (C) in paragraph (3) (as redesignated)— payments to top importers or shippers (2) in subsection (b)— (i) by redesignating subparagraphs (A) through an eligible port, as ranked by value (A) in paragraph (1), by inserting ‘‘or of a through (D) as clause (i) through (iv), respec- of discretionary cargo.’’; and community that is located in the region to tively, and indenting appropriately; (5) in subsection (f)— be served by the project and that will rely on (ii) in the matter preceding clause (i) (as (A) by striking paragraph (1) and inserting the project’’ after ‘‘community’’; redesignated), by striking ‘‘The term’’ and the following: (B) in paragraph (4), by striking ‘‘local pop- inserting the following: ‘‘(1) IN GENERAL.—If the total amounts ulation’’ and inserting ‘‘regional population ‘‘(A) IN GENERAL.—The term’’; and made available from the Harbor Mainte- to be served by the project’’; and (iii) by adding at the end the following: nance Trust Fund exceed the total amounts (C) in paragraph (5), by striking ‘‘commu- ‘‘(B) CALCULATION.—For the purpose of cal- made available from the Harbor Mainte- nity’’ and inserting ‘‘local community or to culating the percentage described in sub- nance Trust Fund in fiscal year 2012, there is a community that is located in the region to paragraph (A)(iii), payments described under authorized to be appropriated to carry out be served by the project and that will rely on subsection (c)(1) shall not be included.’’; this section $50,000,000 from the Harbor the project’’. (D) in paragraph (5)(A) (as redesignated), Maintenance Trust Fund.’’; SEC. 2015. NON-FEDERAL INTEREST DREDGING by striking ‘‘Code of Federal Regulation’’ (B) by striking paragraph (2) and inserting AUTHORITY. and inserting ‘‘Code of Federal Regulations’’; the following: (a) IN GENERAL.—The Secretary may per- and ‘‘(2) DIVISION BETWEEN DONOR PORTS, ME- mit a non-Federal interest to carry out, for (E) by adding at the end the following: DIUM-SIZED DONOR PORTS, AND ENERGY TRANS- an authorized navigation project (or a sepa- ‘‘(8) MEDIUM-SIZED DONOR PORT.—The term FER PORTS.—For each fiscal year, amounts rable element of an authorized navigation ‘medium-sized donor port’ means a port— made available to carry out this section project), such maintenance activities as are ‘‘(A) that is subject to the harbor mainte- shall be provided in equal amounts to— necessary to ensure that the project is main- nance fee under section 24.24 of title 19, Code ‘‘(A) donor ports and medium-sized donor tained to not less than the minimum project of Federal Regulations (or a successor regu- ports; and dimensions. lation); ‘‘(B) energy transfer ports.’’; and (b) COST LIMITATIONS.—Except as provided ‘‘(B) at which the total amount of harbor (C) by striking paragraph (3). in this section and subject to the availability maintenance taxes collected comprise annu- SEC. 2011. HARBOR DEEPENING. of appropriations, the costs incurred by a ally more than $5,000,000 but less than (a) IN GENERAL.—Section 101(a)(1) of the non-Federal interest in performing the main- $15,000,000 of the total funding of the Harbor Water Resources Development Act of 1986 (33 tenance activities described in subsection (a) Maintenance Trust Fund established under U.S.C. 2211(a)(1)) is amended— shall be eligible for reimbursement, not to section 9505 of the Internal Revenue Code of (1) in the matter preceding subparagraph exceed an amount that is equal to the esti- 1986; (A), by striking ‘‘the date of enactment of mated Federal cost for the performance of ‘‘(C) that received less than 25 percent of this Act’’ and inserting ‘‘the date of enact- the maintenance activities. the total amount of harbor maintenance ment of the Water Resources Reform and De- (c) AGREEMENT.—Before initiating mainte- taxes collected at that port in the previous 5 velopment Act of 2014 (Public Law 113–121; nance activities under this section, the non- fiscal years; and 128 Stat. 1193)’’; Federal interest shall enter into an agree- ‘‘(D) that is located in a State in which (2) in subparagraph (B), by striking ‘‘45 ment with the Secretary that specifies, for more than 2,000,000 cargo containers were un- feet’’ and inserting ‘‘50 feet’’; and the performance of the maintenance activi- loaded from or loaded onto vessels in fiscal (3) in subparagraph (C), by striking ‘‘45 ties, the terms and conditions that are ac- year 2012.’’; feet’’ and inserting ‘‘50 feet’’. ceptable to the non-Federal interest and the (2) in subsection (b)— (b) DEFINITION OF DEEP-DRAFT HARBOR.— Secretary. (A) in paragraph (1), by striking ‘‘donor Section 214(1) of the Water Resources Devel- (d) PROVISION OF EQUIPMENT.—In carrying ports’’ and inserting ‘‘donor ports, medium- opment Act of 1986 (33 U.S.C. 2241(1)) is out maintenance activities under this sec- sized donor ports,’’; amended by striking ‘‘45 feet’’ and inserting tion, a non-Federal interest shall— (B) in paragraph (2)— ‘‘50 feet’’. (1) provide equipment at no cost to the (i) in subparagraph (A), by striking ‘‘and’’ SEC. 2012. OPERATIONS AND MAINTENANCE OF Federal Government; and at the end; and INLAND MISSISSIPPI RIVER PORTS. (2) hold and save the United States free (ii) by striking subparagraph (B) and in- (a) DEFINITIONS.—In this section: from any and all damage that arises from serting the following: (1) INLAND MISSISSIPPI RIVER.—The term the use of the equipment of the non-Federal ‘‘(B) shall be made available to a port as ei- ‘‘inland Mississippi River’’ means the por- interest, except for damage due to the fault ther a donor port, medium-sized donor port, tion of the Mississippi River that begins at or negligence of a contractor of the Federal or an energy transfer port, and no port may the confluence of the Minnesota River and Government. receive amounts from more than 1 designa- ends at the confluence of the Red River. (e) REIMBURSEMENT ELIGIBILITY LIMITA- tion; and (2) SHALLOW DRAFT.—The term ‘‘shallow TIONS.—Costs that are eligible for reimburse- ‘‘(C) for donor ports and medium-sized draft’’ means a project that has a depth of ment under this section are those costs di- donor ports— less than 14 feet. rectly related to the costs associated with

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HARBOR MAINTENANCE TRUST FUND. ‘‘(1) IN GENERAL.—This section’’; and (1) the dredge is being used in the perform- The Secretary shall allocate funding made (B) by adding at the end the following: ance of work for the Federal Government available to the Secretary from the Harbor ‘‘(2) REQUIREMENT.—A measure carried out during a given fiscal year; and Maintenance Trust Fund, established under under subsection (a) shall be implemented in (2) the actual fiscal year Federal appro- section 9505 of the Internal Revenue Code of the same manner as the repair or restoration priations identified for that portion of main- 1986, in accordance with section 210 of the of a flood control work pursuant to section 5 tenance dredging that are made available. Water Resources Development Act of 1986 (33 of the Act of August 18, 1941 (33 U.S.C. (f) AUDIT.—Not earlier than 5 years after U.S.C. 2238). 701n).’’; the date of enactment of this Act, the Sec- (3) in subsection (c)(1), by striking ‘‘The TITLE III—SAFETY IMPROVEMENTS retary may conduct an audit on any mainte- non-Federal’’ and inserting ‘‘Notwith- nance activities for an authorized navigation SEC. 3001. REHABILITATION ASSISTANCE FOR standing subsection (b)(2), the non-Federal’’; project (or a separable element of an author- NON-FEDERAL FLOOD CONTROL and PROJECTS. ized navigation project) carried out under (4) by adding at the end the following: (a) IN GENERAL.—Section 5 of the Act of ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— this section to determine if permitting a August 18, 1941 (33 U.S.C. 701n), is amended— non-Federal interest to carry out mainte- There is authorized to be appropriated to the (1) in subsection (a), by adding at the end Secretary to carry out this section nance activities under this section has re- the following: sulted in— $125,000,000.’’. ‘‘(3) DEFINITION OF NONSTRUCTURAL ALTER- (1) improved reliability and safety for navi- SEC. 3003. MAINTENANCE OF HIGH RISK FLOOD NATIVES.—In this subsection, ‘nonstructural CONTROL PROJECTS. gation; and alternatives’ includes efforts to restore or (2) cost savings to the Federal Govern- In any case in which the Secretary has as- protect natural resources including streams, sumed, as of the date of enactment of this ment. rivers, floodplains, wetlands, or coasts, if (g) TERMINATION OF AUTHORITY.—The au- Act, responsibility for the maintenance of a those efforts will reduce flood risk.’’; and thority of the Secretary under this section project classified as class III under the Dam (2) by adding at the end the following: terminates on the date that is 10 years after Safety Action Classification of the Corps of ‘‘(d) INCREASED LEVEL OF PROTECTION.—In the date of enactment of this Act. Engineers, the Secretary shall continue to be conducting repair or restoration work under responsible for the maintenance until the SEC. 2016. TRANSPORTATION COST SAVINGS. subsection (a), at the request of the non-Fed- earlier of the date that— Section 210(e)(3) of the Water Resources eral sponsor, the Secretary may increase the (1) the project is modified to reduce that Development Act of 1986 (33 U.S.C. 2238(e)(3)) level of protection above the level to which risk and the Secretary determines that the is amended— the system was designed, or, if the repair and project is no longer classified as class III (1) by redesignating subparagraph (B) as rehabilitation includes repair or rehabilita- under the Dam Safety Action Classification subparagraph (C); and tion of a pumping station, will increase the of the Corps of Engineers; or (2) by inserting after subparagraph (A) the capacity of a pump, if— (2) is 15 years after the date of enactment following: ‘‘(1) the Chief of Engineers determines the of this Act. ‘‘(B) ADDITIONAL REQUIREMENT.—For the improvements are in the public interest, in- first report following the date of enactment SEC. 3004. REHABILITATION OF HIGH HAZARD cluding consideration of whether— POTENTIAL DAMS. of the Water Resources Development Act of ‘‘(A) the authority under this section has (a) DEFINITIONS.—Section 2 of the National 2016, in the report submitted under subpara- been used more than once at the same loca- Dam Safety Program Act (33 U.S.C. 467) is graph (A), the Secretary shall identify, to tion; amended— the maximum extent practicable, transpor- ‘‘(B) there is an opportunity to decrease (1) by redesignating paragraphs (4), (5), (6), tation cost savings realized by achieving and significantly the risk of loss of life and prop- (7), (8), (9), (10), (11), (12), and (13) as para- maintaining the constructed width and erty damage; or graphs (5), (6), (7), (8), (9), (11), (13), (14), (15), depth for the harbors and inland harbors re- ‘‘(C) there is an opportunity to decrease and (16), respectively; ferred to in subsection (a)(2), on a project-by- total life cycle rehabilitation costs for the (2) by inserting after paragraph (3) the fol- project basis.’’. project; and lowing: SEC. 2017. DREDGED MATERIAL. ‘‘(2) the non-Federal sponsor agrees to pay ‘‘(4) ELIGIBLE HIGH HAZARD POTENTIAL (a) IN GENERAL.—Notwithstanding part 335 the difference between the cost of repair, res- DAM.— of title 33, Code of Federal Regulations, the toration, or rehabilitation to the original de- ‘‘(A) IN GENERAL.—The term ‘eligible high Secretary may place dredged material from sign level or original capacity and the cost of hazard potential dam’ means a non-Federal the operation and maintenance of an author- achieving the higher level of protection or dam that— ized Federal water resources project at an- capacity sought by the non-Federal sponsor. ‘‘(i) is located in a State with a State dam other authorized water resource project if ‘‘(e) NOTICE.—The Secretary shall notify safety program; the Secretary determines that— the non-Federal sponsor of the opportunity ‘‘(ii) is classified as ‘high hazard potential’ (1) the placement of the dredged material to request implementation of nonstructural by the State dam safety agency in the State would— alternatives to the repair or restoration of in which the dam is located; (A)(i) enhance protection from flooding the flood control work under subsection ‘‘(iii) has an emergency action plan ap- caused by storm surges or sea level rise; or (a).’’. proved by the relevant State dam safety (ii) significantly contribute to shoreline (b) PROJECTS IN COORDINATION WITH CER- agency; and resiliency, including the resilience and res- TAIN REHABILITATION REQUIREMENTS.— ‘‘(iv) the State in which the dam is located toration of wetland; and (1) IN GENERAL.—In any case in which the determines— (B) be in the public interest; and Secretary has completed a study deter- ‘‘(I) fails to meet minimum dam safety (2) the cost associated with the placement mining a project for flood damage reduction standards of the State; and of the dredged material is reasonable in rela- is feasible and such project is designed to ‘‘(II) poses an unacceptable risk to the pub- tion to the associated environmental, flood protect the same geographic area as work to lic. protection, and resiliency benefits. be performed under section 5(c) of the Act of ‘‘(B) EXCLUSION.—The term ‘eligible high (b) ADDITIONAL COSTS.—If the cost of plac- August 18, 1941 (33 U.S.C. 701n(c)), the Sec- hazard potential dam’ does not include— ing the dredged material at another author- retary may, if the Secretary determines that ‘‘(i) a licensed hydroelectric dam; or ized water resource project exceeds the cost the action is in the public interest, carry out ‘‘(ii) a dam built under the authority of the of depositing the dredged material in accord- such project with the work being performed Secretary of Agriculture.’’; ance with the Federal standard (as defined in under section 5(c) of that Act, subject to the (3) by inserting after paragraph (9) (as re- section 335.7 of title 33, Code of Federal Reg- limitations in paragraph (2). designated by paragraph (1)) the following: ulations (as in effect on the date of enact- (2) COST-SHARING.—The cost to carry out a ‘‘(10) NON-FEDERAL SPONSOR.—The term ment of this Act)), the Secretary shall not project under paragraph (1) shall be shared in ‘non-Federal sponsor’, in the case of a require a non-Federal entity to bear any of accordance with section 103 of the Water Re- project receiving assistance under section the increased costs associated with the sources Development Act of 1986 (33 U.S.C. 8A, includes— placement of the dredged material. 2213). ‘‘(A) a governmental organization; and SEC. 2018. GREAT LAKES NAVIGATION SYSTEM. SEC. 3002. REHABILITATION OF EXISTING LEV- ‘‘(B) a nonprofit organization.’’ and Section 210(d)(1) of the Water Resources EES. (4) by inserting after paragraph (11) (as re- Development Act of 1986 (33 U.S.C. 2238(d)(1)) Section 3017 of the Water Resources Re- designated by paragraph (1)) the following: is amended— form and Development Act of 2014 (33 U.S.C. ‘‘(12) REHABILITATION.—The term ‘rehabili- (1) in subparagraph (A), in the matter pre- 3303a note; Public Law 113–121) is amended— tation’ means the repair, replacement, re- ceding clause (i), by striking ‘‘For each of (1) in subsection (a), by striking ‘‘if the construction, or removal of a dam that is fiscal years 2015 through 2024’’ and inserting Secretary determines the necessary work is carried out to meet applicable State dam ‘‘For each fiscal year’’; and technically feasible, environmentally accept- safety and security standards.’’. (2) in subparagraph (B), in the matter pre- able, and economically justified’’; (b) PROGRAM FOR REHABILITATION OF HIGH ceding clause (i), by striking ‘‘For each of (2) in subsection (b)— HAZARD POTENTIAL DAMS.—The National

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5755 Dam Safety Program Act is amended by in- ‘‘(ii) carries out activities relating to the ‘‘(4) to increase water supply storage ca- serting after section 8 (33 U.S.C. 467f) the fol- public in the area around the dam in accord- pacity; or lowing: ance with the hazard mitigation plan de- ‘‘(5) to make any other modification to a ‘‘SEC. 8A. REHABILITATION OF HIGH HAZARD PO- scribed in subparagraph (B); and dam that does not also improve the safety of TENTIAL DAMS. ‘‘(E) comply with section 611(j)(9) of the the dam. ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Ad- Robert T. Stafford Disaster Relief and Emer- ‘‘(i) CONTRACTUAL REQUIREMENTS.— ministrator shall establish, within FEMA, a gency Assistance Act (42 U.S.C. 5196(j)(9)) (as ‘‘(1) IN GENERAL.—Subject to paragraph (2), program to provide technical, planning, de- in effect on the date of enactment of this as a condition on the receipt of a grant under sign, and construction assistance in the form section) with respect to projects receiving this section of an amount greater than of grants to non-Federal sponsors for reha- assistance under this section in the same $1,000,000, a non-Federal sponsor that re- bilitation of eligible high hazard potential manner as recipients are required to comply ceives the grant shall require that each con- dams. in order to receive financial contributions tract and subcontract for program manage- ment, construction management, planning ‘‘(b) ELIGIBLE ACTIVITIES.—A grant award- from the Administrator for emergency pre- studies, feasibility studies, architectural ed under this section for a project may be paredness purposes. ‘‘(e) FLOODPLAIN MANAGEMENT PLANS.— services, preliminary engineering, design, used for— ‘‘(1) IN GENERAL.—As a condition of receipt engineering, surveying, mapping, and related ‘‘(1) repair; of assistance under this section, the non- services entered into using funds from the ‘‘(2) removal; or Federal entity shall demonstrate that a grant be awarded in the same manner as a ‘‘(3) any other structural or nonstructural floodplain management plan to reduce the contract for architectural and engineering measures to rehabilitate a high hazard po- impacts of future flood events in the area services is awarded under— tential dam. protected by the project— ‘‘(A) chapter 11 of title 40, United States ‘‘(c) AWARD OF GRANTS.— ‘‘(A) is in place; or Code; or ‘‘(1) APPLICATION.— ‘‘(B) will be— ‘‘(B) an equivalent qualifications-based re- ‘‘(A) IN GENERAL.—A non-Federal sponsor ‘‘(i) developed not later than 1 year after quirement prescribed by the relevant State. interested in receiving a grant under this the date of execution of a project agreement ‘‘(2) NO PROPRIETARY INTEREST.—A contract section may submit to the Administrator an for assistance under this section; and awarded in accordance with paragraph (1) application for the grant. ‘‘(ii) implemented not later than 1 year shall not be considered to confer a propri- ‘‘(B) REQUIREMENTS.—An application sub- after the date of completion of construction etary interest upon the United States. mitted to the Administrator under this sec- of the project. ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— tion shall be submitted at such time, be in ‘‘(2) INCLUSIONS.—A plan under paragraph There are authorized to be appropriated to such form, and contain such information as (1) shall address— carry out this section— the Administrator may prescribe by regula- ‘‘(A) potential measures, practices, and ‘‘(1) $10,000,000 for fiscal years 2017 and 2018; tion pursuant to section 3004(c) of the Water policies to reduce loss of life, injuries, dam- ‘‘(2) $25,000,000 for fiscal year 2019; Resources Development Act of 2016. age to property and facilities, public expend- ‘‘(3) $40,000,000 for fiscal year 2020; and ‘‘(2) GRANT.— itures, and other adverse impacts of flooding ‘‘(4) $60,000,000 for each of fiscal years 2021 ‘‘(A) IN GENERAL.—The Administrator may in the area protected by the project; through 2026.’’. make a grant in accordance with this section ‘‘(B) plans for flood fighting and evacu- (c) RULEMAKING.— for rehabilitation of a high hazard potential ation; and (1) PROPOSED RULEMAKING.—Not later than dam to a non-Federal sponsor that submits ‘‘(C) public education and awareness of 90 days after the date of enactment of this an application for the grant in accordance flood risks. Act, the Administrator of the Federal Emer- with the regulations prescribed by the Ad- ‘‘(3) TECHNICAL SUPPORT.—The Adminis- gency Management Agency shall issue a no- ministrator. trator may provide technical support for the tice of proposed rulemaking regarding appli- ‘‘(B) PROJECT GRANT AGREEMENT.—The Ad- development and implementation of flood- cations for grants of assistance under the ministrator shall enter into a project grant plain management plans prepared under this amendments made by subsection (b) to the agreement with the non-Federal sponsor to subsection. National Dam Safety Program Act (33 U.S.C. establish the terms of the grant and the ‘‘(f) PRIORITY SYSTEM.—The Administrator, 467 et seq.). project, including the amount of the grant. in consultation with the Board, shall develop (2) FINAL RULE.—Not later than 180 days ‘‘(C) GRANT ASSURANCE.—As part of a a risk-based priority system for use in iden- after the date of enactment of this Act, the project grant agreement under subparagraph tifying high hazard potential dams for which Administrator of the Federal Emergency (B), the Administrator shall require the non- grants may be made under this section. Management Agency shall promulgate a Federal sponsor to provide an assurance, ‘‘(g) FUNDING.— final rule regarding the amendments de- with respect to the dam to be rehabilitated ‘‘(1) COST SHARING.— scribed in paragraph (1). under the project, that the owner of the dam ‘‘(A) IN GENERAL.—Any assistance provided SEC. 3005. EXPEDITED COMPLETION OF AUTHOR- has developed and will carry out a plan for under this section for a project shall be sub- IZED PROJECTS FOR FLOOD DAM- maintenance of the dam during the expected ject to a non-Federal cost-sharing require- AGE REDUCTION. life of the dam. ment of not less than 35 percent. The Secretary shall expedite the comple- ‘‘(D) LIMITATION.—A grant provided under ‘‘(B) IN-KIND CONTRIBUTIONS.—The non-Fed- tion of the following projects for flood dam- this section shall not exceed the lesser of— eral share under subparagraph (A) may be age reduction and flood risk management: ‘‘(i) 12.5 percent of the total amount of provided in the form of in-kind contribu- (1) Chicagoland Underflow Plan, Illinois, funds made available to carry out this sec- tions. phase 2, as authorized by section 3(a)(5) of tion; or ‘‘(2) ALLOCATION OF FUNDS.—The total the Water Resources Development Act of ‘‘(ii) $7,500,000. amount of funds made available to carry out 1988 (Public Law 100–676; 102 Stat. 4013) and ‘‘(d) REQUIREMENTS.— this section for each fiscal year shall be dis- modified by section 319 of the Water Re- ‘‘(1) APPROVAL.—A grant awarded under tributed as follows: sources Development Act of 1996 (Public Law this section for a project shall be approved ‘‘(A) EQUAL DISTRIBUTION.—1⁄3 shall be dis- 104–303; 110 Stat. 3715) and section 501 of the by the relevant State dam safety agency. tributed equally among the States in which Water Resources Development Act of 1999 ‘‘(2) NON-FEDERAL SPONSOR REQUIRE- the projects for which applications are sub- (Public Law 106–53; 113 Stat. 334). MENTS.—To receive a grant under this sec- mitted under subsection (c)(1) are located. (2) Cedar River, Cedar Rapids, Iowa, as au- tion, the non-Federal sponsor shall— ‘‘(B) NEED-BASED.—2⁄3 shall be distributed thorized by section 7002(2)(3) of the Water ‘‘(A) participate in, and comply with, all among the States in which the projects for Resources Development Act of 2014 (Public applicable Federal flood insurance programs; which applications are submitted under sub- Law 113–121; 128 Stat. 1366). ‘‘(B) have in place a hazard mitigation plan section (c)(1) are located based on the pro- (3) Comite River, Louisiana, authorized as that— portion that— part of the project for flood control, Amite ‘‘(i) includes all dam risks; and ‘‘(i) the number of eligible high hazard po- River and Tributaries, Louisiana, by section ‘‘(ii) complies with the Disaster Mitigation tential dams in the State; bears to 101(11) of the Water Resources Development Act of 2000 (Public Law 106–390; 114 Stat. ‘‘(ii) the number of eligible high hazard po- Act of 1992 (Public Law 102–580; 106 Stat. 4802) 1552); tential dams in all States in which projects and modified by section 301(b)(5) of the ‘‘(C) commit to provide operation and for which applications are submitted under Water Resources Development Act of 1996 maintenance of the project for the 50-year subsection (c)(1). (Public Law 104–03; 110 Stat. 3709) and section period following completion of rehabilita- ‘‘(h) USE OF FUNDS.—None of the funds pro- 371 of the Water Resources Development Act tion; vided in the form of a grant or otherwise of 1999 (Public Law 106–53; 113 Stat. 321). ‘‘(D) comply with such minimum eligi- made available under this section shall be (4) Amite River and Tributaries, Louisiana, bility requirements as the Administrator used— East Baton Rouge Parish Watershed, as au- may establish to ensure that each owner and ‘‘(1) to rehabilitate a Federal dam; thorized by section 101(a)(21) of the Water operator of a dam under a participating ‘‘(2) to perform routine operation or main- Resources Development Act of 1999 (Public State dam safety program— tenance of a dam; Law 106–53; 113 Stat. 277) and modified by ‘‘(i) acts in accordance with the State dam ‘‘(3) to modify a dam to produce hydro- section 116 of division D of Public Law 108–7 safety program; and electric power; (117 Stat. 140) and section 3074 of the Water

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Resources Development Act of 2007 (Public (i) IN GENERAL.—Subject to clause (ii), for (i) IN GENERAL.—The amounts required to Law 110–114; 121 Stat. 1124). each of fiscal years 2017 through 2037, the be transferred to the Fund under this para- SEC. 3006. CUMBERLAND RIVER BASIN DAM RE- Secretary may, to the extent provided in ad- graph shall be transferred at least monthly. PAIRS. vance in appropriations Acts, expend from (ii) ADJUSTMENTS.—Proper adjustment (a) IN GENERAL.—Costs incurred in car- the Fund, in accordance with this section, shall be made in amounts subsequently rying out any repair to correct a seepage not more than the sum of— transferred to the extent prior estimates are problem at any dam in the Cumberland River (I) $22,750,000; and in excess of or less than the amounts re- Basin shall be— (II) the amount of interest accrued in the quired to be transferred. (1) treated as costs for a dam safety Fund. (F) TERMINATION.—On September 30, 2037— project; and (ii) ADDITIONAL EXPENDITURES.—The Sec- (i) the Fund shall terminate; and (2) subject to cost-sharing requirements in retary may expend more than $22,750,000 for (ii) the unexpended and unobligated bal- accordance with section 1203 of the Water any fiscal year referred to in clause (i) if the ance of the Fund shall be transferred to the Resources Development Act of 1986 (33 U.S.C. additional amounts are available in the Fund general fund of the Treasury. 467n). as a result of a failure of the Secretary to ex- (c) REPAIR, REPLACEMENT, AND MAINTE- (b) APPLICATION.—Subsection (a) shall pend all of the amounts available under apply only to repairs for projects for which clause (i) in 1 or more prior fiscal years. NANCE OF CERTAIN INDIAN DAMS.— construction has not begun and appropria- (D) INVESTMENTS OF AMOUNTS.— (1) PROGRAM ESTABLISHMENT.— tions have not been made as of the date of (i) IN GENERAL.—The Secretary of the (A) IN GENERAL.—The Secretary shall es- enactment of this Act. Treasury shall invest such portion of the tablish a program to address the deferred Fund as is not, in the judgment of the Sec- maintenance needs of Indian dams that— SEC. 3007. INDIAN DAM SAFETY. retary, required to meet current with- (i) create flood risks or other risks to pub- (a) DEFINITIONS.—In this section: drawals. lic or employee safety or natural or cultural (1) DAM.— (ii) CREDITS TO FUND.—The interest on, and resources; and (A) IN GENERAL.—The term ‘‘dam’’ has the the proceeds from the sale or redemption of, (ii) unduly impede the management and ef- meaning given the term in section 2 of the any obligations held in the Fund shall be ficiency of Indian dams. National Dam Safety Program Act (33 U.S.C. credited to, and form a part of, the Fund. (B) FUNDING.— 467). (E) TRANSFERS OF AMOUNTS.— (i) HIGH-HAZARD FUND.—Consistent with (B) INCLUSIONS.—The term ‘‘dam’’ includes (i) IN GENERAL.—The amounts required to subsection (b)(1)(B), the Secretary shall use any structure, facility, equipment, or vehicle be transferred to the Fund under this para- or transfer to the Bureau of Indian Affairs used in connection with the operation of a graph shall be transferred at least monthly. not less than $22,750,000 of amounts in the dam. (ii) ADJUSTMENTS.—Proper adjustment High-Hazard Indian Dam Safety Deferred (2) FUND.—The term ‘‘Fund’’ means, as ap- shall be made in amounts subsequently Maintenance Fund, plus accrued interest, for plicable— transferred to the extent prior estimates are (A) the High-Hazard Indian Dam Safety each of fiscal years 2017 through 2037 to carry in excess of or less than the amounts re- out maintenance, repair, and replacement Deferred Maintenance Fund established by quired to be transferred. subsection (b)(1)(A); or activities for 1 or more of the Indian dams (F) TERMINATION.—On September 30, 2037— described in paragraph (2)(A). (B) the Low-Hazard Indian Dam Safety De- (i) the Fund shall terminate; and ferred Maintenance Fund established by sub- (ii) LOW-HAZARD FUND.—Consistent with (ii) the unexpended and unobligated bal- subsection (b)(2)(B), the Secretary shall use section (b)(2)(A). ance of the Fund shall be transferred to the (3) HIGH HAZARD POTENTIAL DAM.—The term or transfer to the Bureau of Indian Affairs general fund of the Treasury. not less than $10,000,000 of amounts in the ‘‘high hazard potential dam’’ means a dam (2) LOW-HAZARD FUND.— Low-Hazard Indian Dam Safety Deferred assigned to the significant or high hazard po- (A) ESTABLISHMENT.—There is established Maintenance Fund, plus accrued interest, for tential classification under the guidelines in the Treasury of the United States a fund, each of fiscal years 2017 through 2037 to carry published by the Federal Emergency Man- to be known as the ‘‘Low-Hazard Indian Dam out maintenance, repair, and replacement agement Agency entitled ‘‘Federal Guide- Safety Deferred Maintenance Fund’’, con- lines for Dam Safety: Hazard Potential Clas- sisting of— activities for 1 or more of the Indian dams sification System for Dams’’ (FEMA Publi- (i) such amounts as are deposited in the described in paragraph (2)(B). cation Number 333). Fund under subparagraph (B); and (C) COMPLIANCE WITH DAM SAFETY POLI- (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (ii) any interest earned on investment of CIES.—Maintenance, repair, and replacement has the meaning given the term in section 4 amounts in the Fund under subparagraph activities for Indian dams under this section of the Indian Self-Determination and Edu- (D). shall be carried out in accordance with the cation Assistance Act (25 U.S.C. 5304). (B) DEPOSITS TO FUND.— dam safety policies of the Director of the Bu- (5) LOW HAZARD POTENTIAL DAM.—The term (i) IN GENERAL.—For each of fiscal years reau of Indian Affairs established to carry ‘‘low hazard potential dam’’ means a dam as- 2017 through 2037, the Secretary of the Treas- out the Indian Dams Safety Act of 1994 (25 signed to the low hazard potential classifica- ury shall deposit in the Fund $10,000,000 from U.S.C. 3801 et seq.). tion under the guidelines published by the the general fund of the Treasury. (2) ELIGIBLE DAMS.— Federal Emergency Management Agency en- (ii) AVAILABILITY OF AMOUNTS.—Amounts (A) HIGH HAZARD POTENTIAL DAMS.—The titled ‘‘Federal Guidelines for Dam Safety: deposited in the Fund under clause (i) shall dams eligible for funding under paragraph Hazard Potential Classification System for be used, subject to appropriation, to carry (1)(B)(i) are Indian high hazard potential Dams’’ (FEMA Publication Number 333). out this section. dams in the United States that— (6) SECRETARY.—The term ‘‘Secretary’’ (C) EXPENDITURES FROM FUND.— (i) are included in the safety of dams pro- means the Secretary of the Interior, acting (i) IN GENERAL.—Subject to clause (ii), for gram established pursuant to the Indian through the Assistant Secretary for Indian each of fiscal years 2017 through 2037, the Dams Safety Act of 1994 (25 U.S.C. 3801 et Affairs, in consultation with the Secretary Secretary may, to the extent provided in ad- seq.); and of the Army. vance in appropriations Acts, expend from (ii)(I)(aa) are owned by the Federal Gov- (b) INDIAN DAM SAFETY DEFERRED MAINTE- the Fund, in accordance with this section, ernment, as listed in the Federal inventory NANCE FUNDS.— not more than the sum of— required by Executive Order 13327 (40 U.S.C. (1) HIGH-HAZARD FUND.— (I) $10,000,000; and 121 note; relating to Federal real property (A) ESTABLISHMENT.—There is established (II) the amount of interest accrued in the asset management); and in the Treasury of the United States a fund, Fund. (bb) are managed by the Bureau of Indian to be known as the ‘‘High-Hazard Indian (ii) ADDITIONAL EXPENDITURES.—The Sec- Affairs (including dams managed under con- Dam Safety Deferred Maintenance Fund’’, retary may expend more than $10,000,000 for tracts or compacts pursuant to the Indian consisting of— any fiscal year referred to in clause (i) if the Self-Determination and Education Assist- (i) such amounts as are deposited in the additional amounts are available in the Fund ance Act (25 U.S.C. 5301 et seq.)); or Fund under subparagraph (B); and as a result of a failure of the Secretary to ex- (II) have deferred maintenance documented (ii) any interest earned on investment of pend all of the amounts available under by the Bureau of Indian Affairs. amounts in the Fund under subparagraph clause (i) in 1 or more prior fiscal years. (B) LOW HAZARD POTENTIAL DAMS.—The (D). (D) INVESTMENTS OF AMOUNTS.— dams eligible for funding under paragraph (B) DEPOSITS TO FUND.— (i) IN GENERAL.—The Secretary of the (1)(B)(ii) are Indian low hazard potential (i) IN GENERAL.—For each of fiscal years Treasury shall invest such portion of the dams in the United States that, on the date 2017 through 2037, the Secretary of the Treas- Fund as is not, in the judgment of the Sec- of enactment of this Act— ury shall deposit in the Fund $22,750,000 from retary, required to meet current with- (i) are covered under the Indian Dams Safe- the general fund of the Treasury. drawals. ty Act of 1994 (25 U.S.C. 3801 et seq.); and (ii) AVAILABILITY OF AMOUNTS.—Amounts (ii) CREDITS TO FUND.—The interest on, and (ii)(I)(aa) are owned by the Federal Gov- deposited in the Fund under clause (i) shall the proceeds from the sale or redemption of, ernment, as listed in the Federal inventory be used, subject to appropriation, to carry any obligations held in the Fund shall be required by Executive Order 13327 (40 U.S.C. out this section. credited to, and form a part of, the Fund. 121 note; relating to Federal real property (C) EXPENDITURES FROM FUND.— (E) TRANSFERS OF AMOUNTS.— asset management); and

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(iii) solicit and consider the input, com- of the Army from among employees of the (3) REQUIREMENTS AND CONDITIONS.—Not ments, and recommendations of the land- Corps of Engineers who have knowledge and later than 120 days after the date of enact- owners served by the Indian dam. expertise in dam safety issues and flood pre- ment of this Act and as a precondition to (B) EMERGENCIES.—If the Secretary deter- vention and mitigation. amounts being expended from the Fund to mines that an emergency circumstance ex- (ii) NONVOTING MEMBERS.—The members of carry out this subsection, the Secretary, in ists with respect to an Indian dam, subpara- the Committee appointed under subclauses consultation with representatives of affected graph (A) shall not apply with respect to (II) and (III) of clause (i) shall be nonvoting Indian tribes, shall develop and submit to that Indian dam. members. Congress— (5) ALLOCATION AMONG DAMS.— (iii) DATE.—The appointments of the mem- (A) programmatic goals to carry out this (A) IN GENERAL.—Subject to subparagraph bers of the Committee shall be made as soon subsection that— (B), to the maximum extent practicable, the as practicable after the date of enactment of (i) would enable the completion of repair- Secretary shall ensure that, for each of fiscal this Act. years 2017 through 2037, each Indian dam eli- ing, replacing, improving, or performing (C) PERIOD OF APPOINTMENT.—Members gible for funding under paragraph (2) that maintenance on Indian dams as expedi- shall be appointed for the life of the Com- has critical maintenance needs receives part tiously as practicable, subject to the dam mittee. of the funding under paragraph (1) to address safety policies of the Director of the Bureau (D) VACANCIES.—Any vacancy in the Com- critical maintenance needs. of Indian Affairs established to carry out the mittee shall not affect the powers of the (B) PRIORITY.—In allocating amounts Indian Dams Safety Act of 1994 (25 U.S.C. Committee, but shall be filled in the same under paragraph (1)(B), in addition to consid- 3801 et seq.); ering the funding priorities described in manner as the original appointment. (ii) facilitate or improve the ability of the paragraph (3), the Secretary shall give pri- (E) INITIAL MEETING.—Not later than 30 Bureau of Indian Affairs to carry out the ority to Indian dams eligible for funding days after the date on which all members of mission of the Bureau of Indian Affairs in op- under paragraph (2) that serve— the Committee have been appointed, the erating an Indian dam; and (i) more than 1 Indian tribe within an In- Committee shall hold the first meeting. (iii) ensure that the results of government- dian reservation; or (F) MEETINGS.—The Committee shall meet to-government consultation required under (ii) highly populated Indian communities, at the call of the Chairperson. paragraph (4) be addressed; and as determined by the Secretary. (G) QUORUM.—A majority of the members (B) funding prioritization criteria to serve (C) CAP ON FUNDING.— of the Committee shall constitute a quorum, as a methodology for distributing funds (i) IN GENERAL.—Subject to clause (ii), in but a lesser number of members may hold under this subsection that take into ac- allocating amounts under paragraph (1)(B), hearings. count— the Secretary shall allocate not more than (H) CHAIRPERSON AND VICE CHAIRPERSON.— (i) the extent to which deferred mainte- $10,000,000 to any individual dam described in The Committee shall select a Chairperson nance of Indian dams poses a threat to— paragraph (2) during any consecutive 3-year and Vice Chairperson from among the mem- (I) public or employee safety or health; period. bers. (II) natural or cultural resources; or (ii) EXCEPTION.—Notwithstanding the cap (2) DUTIES OF THE COMMITTEE.— (III) the ability of the Bureau of Indian Af- described in clause (i), if the full amount (A) STUDY.—The Committee shall conduct fairs to carry out the mission of the Bureau under paragraph (1)(B) cannot be fully allo- a thorough study of all matters relating to of Indian Affairs in operating an Indian dam; cated to eligible Indian dams because the the modernization of the Indian Dams Safety (ii) the extent to which repairing, replac- costs of the remaining activities authorized Act of 1994 (25 U.S.C. 3801 et seq.). ing, improving, or performing maintenance in paragraph (1)(B) of an Indian dam would (B) RECOMMENDATIONS.—The Committee on an Indian dam will— exceed the cap described in clause (i), the shall develop recommendations for legisla- (I) improve public or employee safety, Secretary may allocate the remaining funds tion to improve the Indian Dams Safety Act health, or accessibility; to eligible Indian dams in accordance with of 1994 (25 U.S.C. 3801 et seq.). (II) assist in compliance with codes, stand- this subsection. (C) REPORT.—Not later than 1 year after ards, laws, or other requirements; (D) BASIS OF FUNDING.—Any amounts made the date on which the Committee holds the (III) address unmet needs; or available under this paragraph shall be non- first meeting, the Committee shall submit a (IV) assist in protecting natural or cul- reimbursable. report containing a detailed statement of the tural resources; (E) APPLICABILITY OF ISDEAA.—The Indian findings and conclusions of the Committee, (iii) the methodology of the rehabilitation Self-Determination and Education Assist- together with recommendations for legisla- priority index of the Secretary, as in effect ance Act (25 U.S.C. 5301 et seq.) shall apply to tion that the Committee considers appro- on the date of enactment of this Act; activities carried out under this paragraph. priate, to— (iv) the potential economic benefits of the (d) TRIBAL SAFETY OF DAMS COMMITTEE.— (i) the Committee on Indian Affairs of the expenditures on job creation and general (1) ESTABLISHMENT OF COMMITTEE.— Senate; and economic development in the affected tribal (A) ESTABLISHMENT.—The Secretary of the (ii) the Committee on Natural Resources of communities; Interior shall establish within the Bureau of the House of Representatives. (v) the ability of an Indian dam to address Indian Affairs the Tribal Safety of Dams (3) POWERS OF THE COMMITTEE.— tribal, regional, and watershed level flood Committee (referred to in this paragraph as (A) HEARINGS.—The Committee may hold prevention needs; the ‘‘Committee’’). such hearings, sit and act at such times and (vi) the need to comply with the dam safe- (B) MEMBERSHIP.— places, take such testimony, and receive ty policies of the Director of the Bureau of (i) COMPOSITION.—The Committee shall be such evidence as the Committee considers Indian Affairs established to carry out the composed of 15 members, of whom— appropriate to carry out this paragraph. Indian Dams Safety Act of 1994 (25 U.S.C. (I) 11 shall be appointed by the Secretary (B) INFORMATION FROM FEDERAL AGENCIES.— 3801 et seq.); of the Interior from among individuals who, (i) IN GENERAL.—The Committee may se- (vii) the ability of the water storage capac- to the maximum extent practicable, have cure directly from any Federal department ity of an Indian dam to be increased to pre- knowledge and expertise in dam safety issues or agency such information as the Com- vent flooding in downstream tribal and non- and flood prevention and mitigation, of mittee considers necessary to carry out this tribal communities; and whom not less than 1 shall be a member of paragraph. (viii) such other factors as the Secretary an Indian tribe in each of the Bureau of In- (ii) REQUEST.—On request of the Chair- determines to be appropriate to prioritize dian Affairs regions of— person of the Committee, the head of any the use of available funds that are, to the (aa) the Northwest Region; Federal department or agency shall furnish fullest extent practicable, consistent with (bb) the Pacific Region; information described in clause (i) to the tribal and user recommendations received (cc) the Western Region; Committee. pursuant to the consultation and input proc- (dd) the Navajo Region; (C) POSTAL SERVICES.—The Committee may ess under paragraph (4). (ee) the Southwest Region; use the United States mails in the same (4) TRIBAL CONSULTATION AND USER INPUT.— (ff) the Rocky Mountain Region; manner and under the same conditions as (A) IN GENERAL.—Except as provided in (gg) the Great Plans Region; and other departments and agencies of the Fed- subparagraph (B), before expending funds on (hh) the Midwest Region; eral Government. an Indian dam pursuant to paragraph (1) and (II) 2 shall be appointed by the Secretary of (D) GIFTS.—The Committee may accept, not later than 60 days after the date of en- the Interior from among employees of the use, and dispose of gifts or donations of serv- actment of this Act, the Secretary shall— Bureau of Indian Affairs who have knowledge ices or property. (i) consult with the Director of the Bureau and expertise in dam safety issues and flood (4) COMMITTEE PERSONNEL MATTERS.— of Indian Affairs on the expenditure of funds; prevention and mitigation; (A) COMPENSATION OF MEMBERS.—

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(i) NON-FEDERAL MEMBERS.—Each member (1) ESTABLISHMENT.—The Secretary shall (d) SUBMISSION.—Not later than 18 months of the Committee who is not an officer or establish, within the Bureau of Indian Af- after the date of enactment of this Act, the employee of the Federal Government shall fairs, a flood plain management pilot pro- Secretary shall submit to the Committee of be compensated at a rate equal to the daily gram (referred to in this subsection as the Environment and Public Works of the Senate equivalent of the annual rate of basic pay ‘‘program’’) to provide, at the request of an and the Committee on Transportation and prescribed for level IV of the Executive Indian tribe, guidance to the Indian tribe re- Infrastructure of the House of Representa- Schedule under section 5315 of title 5, United lating to best practices for the mitigation tives the plan developed under subsection States Code, for each day (including travel and prevention of floods, including consulta- (b). time) during which the member is engaged in tion with the Indian tribe on— (e) AUTHORIZATION OF APPROPRIATIONS.— the performance of the duties of the Com- (A) flood plain mapping; or There is authorized to be appropriated to the mittee. (B) new construction planning. Secretary to carry out this section $2,000,000, (ii) FEDERAL MEMBERS.—Each member of (2) TERMINATION.—The program shall ter- to remain available until expended. the Committee who is an officer or employee minate on the date that is 4 years after the SEC. 4002. COLUMBIA RIVER, PLATTE RIVER, AND of the Federal Government shall serve with- date of enactment of this Act. ARKANSAS RIVER. out compensation in addition to that re- (3) FUNDING.—Of the amounts authorized to (a) ECOSYSTEM RESTORATION.—Section ceived for services as an officer or employee be expended from either Fund, $250,000 shall 536(g) of the Water Resources Development of the Federal Government. be made available from either Fund during Act of 2000 (Public Law 106–541; 114 Stat. 2662; (B) TRAVEL EXPENSES.—The members of each of fiscal years 2017, 2018, and 2019 to 128 Stat. 1314) is amended by striking the Committee shall be allowed travel ex- carry out this subsection, to remain avail- ‘‘$50,000,000’’ and inserting ‘‘$75,000,000’’. penses, including per diem in lieu of subsist- able until expended. (b) WATERCRAFT INSPECTION STATIONS.— ence, at rates authorized for employees of SEC. 3008. REHABILITATION OF CORPS OF ENGI- Section 104 of the River and Harbor Act of agencies under subchapter I of chapter 57 of NEERS CONSTRUCTED FLOOD CON- 1958 (33 U.S.C. 610) is amended— title 5, United States Code, while away from TROL DAMS. (1) by striking subsection (b) and inserting their homes or regular places of business in (a) IN GENERAL.—If the Secretary deter- the following: mines that the project is feasible, the Sec- the performance of services for the Com- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— retary may carry out a project for the reha- mittee. ‘‘(1) IN GENERAL.—There are authorized to bilitation of a dam described in subsection (C) STAFF.— be appropriated such sums as are necessary, (b). (i) IN GENERAL.— but not more than $65,000,000, to carry out (b) ELIGIBLE DAMS.—A dam eligible for as- (I) APPOINTMENT.—The Chairperson of the this section for each fiscal year, of which— Committee may, without regard to the civil sistance under this section is a dam— (1) that has been constructed, in whole or ‘‘(A) $20,000,000 shall be made available to service laws and regulations, appoint and carry out subsection (d)(1)(A)(i); and terminate an executive director and such in part, by the Corps of Engineers for flood control purposes; ‘‘(B) $25,000,000 shall be made available to other additional personnel as may be nec- carry out clauses (ii) and (iii) of subsection essary to enable the Committee to perform (2) for which construction was completed before 1940; (d)(1)(A). the duties of the Committee. ‘‘(2) ALLOCATION.—Any funds made avail- (II) CONFIRMATION.—The employment of an (3) that is classified as ‘‘high hazard poten- tial’’ by the State dam safety agency of the able under paragraph (1) that are employed executive director shall be subject to con- for control operations shall be allocated by firmation by the Committee. State in which the dam is located; and (4) that is operated by a non-Federal enti- the Chief of Engineers on a priority basis, (ii) COMPENSATION.—The Chairperson of the based on— Committee may fix the compensation of the ty. (c) COST SHARING.—Non-Federal interests ‘‘(A) the urgency and need of each area; executive director and other personnel with- shall provide 35 percent of the cost of con- and out regard to chapter 51 and subchapter III of struction of any project carried out under ‘‘(B) the availability of local funds.’’; and chapter 53 of title 5, United States Code, re- this section, including provision of all land, (2) in subsection (d)— lating to classification of positions and Gen- easements, rights-of-way, and necessary re- (A) by striking paragraph (1) and inserting eral Schedule pay rates, except that the rate locations. the following: of pay for the executive director and other (d) AGREEMENTS.—Construction of a ‘‘(1) ESTABLISHMENT, OPERATION, AND MAIN- personnel may not exceed the rate payable project under this section shall be initiated TENANCE.— for level V of the Executive Schedule under only after a non-Federal interest has entered ‘‘(A) IN GENERAL.—In carrying out this sec- section 5316 of that title. into a binding agreement with the Sec- tion, the Secretary may establish, operate, (D) DETAIL OF GOVERNMENT EMPLOYEES.— retary— and maintain watercraft inspection stations Any Federal Government employee may be (1) to pay the non-Federal share of the to protect— detailed to the Committee without reim- costs of construction under subsection (c); ‘‘(i) the Columbia River Basin; bursement, and such detail shall be without and ‘‘(ii) the Platte River Basin located in the interruption or loss of civil service status or (2) to pay 100 percent of any operation, States of Colorado, Nebraska, and Wyoming; privilege. maintenance, and replacement and rehabili- and (E) PROCUREMENT OF TEMPORARY AND tation costs with respect to the project in ‘‘(iii) the Arkansas River Basin located in INTERMITTENT SERVICES.—The Chairperson of accordance with regulations prescribed by the States of Arkansas, Colorado, Kansas, the Committee may procure temporary and the Secretary. New Mexico, Oklahoma, and Texas. intermittent services under section 3109(b) of (e) COST LIMITATION.—The Secretary shall ‘‘(B) LOCATION.—The watercraft inspection title 5, United States Code, at rates for indi- not expend more than $10,000,000 for a project stations under subparagraph (A) shall be lo- viduals that do not exceed the daily equiva- at any single dam under this section. cated in areas, as determined by the Sec- lent of the annual rate of basic pay pre- (f) FUNDING.—There is authorized to be ap- retary, with the highest likelihood of pre- scribed for level V of the Executive Schedule propriated to carry out this section venting the spread of aquatic invasive spe- under section 5316 of that title. $10,000,000 for each of fiscal years 2017 cies at reservoirs operated and maintained (5) TERMINATION OF THE COMMITTEE.—The through 2026. by the Secretary.’’; and Committee shall terminate 90 days after the TITLE IV—RIVER BASINS, WATERSHEDS, (B) in paragraph (3), by striking subpara- date on which the Committee submits the re- AND COASTAL AREAS graph (A) and inserting the following: port under paragraph (2)(C). SEC. 4001. GULF COAST OYSTER BED RECOVERY ‘‘(A) the Governor of each State in which a (6) FUNDING.—Of the amounts authorized to PLAN. station is established under paragraph (1);’’. be expended from either Fund, $1,000,000 shall (a) DEFINITION OF GULF STATES.—In this (c) TRIBAL HOUSING.— be made available from either Fund during section, the term ‘‘Gulf States’’ means each (1) DEFINITION OF REPORT.—In this sub- fiscal year 2017 to carry out this subsection, of the States of Alabama, Florida, Louisiana, section, the term ‘‘report’’ means the final to remain available until expended. Mississippi, and Texas. report for the Portland District, Corps of En- (e) INDIAN DAM SURVEYS.— (b) GULF COAST OYSTER BED RECOVERY gineers, entitled ‘‘Columbia River Treaty (1) TRIBAL REPORTS.—The Secretary shall PLAN.—The Secretary, in coordination with Fishing Access Sites, Oregon and Wash- request that, not less frequently than once the Gulf States, shall develop and implement ington: Fact-finding Review on Tribal Hous- every 180 days, each Indian tribe submit to a plan to assist in the recovery of oyster ing’’ and dated November 19, 2013. the Secretary a report providing an inven- beds on the coast of Gulf States that were (2) ASSISTANCE AUTHORIZED.—As replace- tory of the dams located on the land of the damaged by events including— ment housing for Indian families displaced Indian tribe. (1) Hurricane Katrina in 2005; due to the construction of the Bonneville (2) BIA REPORTS.—Not less frequently than (2) the Deep Water Horizon oil spill in 2010; Dam, on the request of the Secretary of the once each year, the Secretary shall submit and Interior, the Secretary may provide assist- to Congress a report describing the condition (3) floods in 2011 and 2016. ance on land transferred by the Department of each dam under the partial or total juris- (c) INCLUSION.—The plan developed under of the Army to the Department of the Inte- diction of the Secretary. subsection (b) shall address the beneficial rior pursuant to title IV of Public Law 100– (f) FLOOD PLAIN MANAGEMENT PILOT PRO- use of dredged material in providing sub- 581 (102 Stat. 2944; 110 Stat. 766; 110 Stat. 3762; GRAM.— strate for oyster bed development. 114 Stat. 2679; 118 Stat. 544) for the number of

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5759 families estimated in the report as having menting a sediment management plan for SEC. 4008. RIO GRANDE. received no relocation assistance. that reservoir. Section 5056(f) of the Water Resources De- (3) STUDY.—The Secretary shall— (8) OTHER AUTHORITIES NOT AFFECTED.— velopment Act of 2007 (Public Law 110–114; (A) conduct a study to determine the num- Nothing in this subsection affects sediment 121 Stat. 1214; 128 Stat. 1315) is amended by ber of Indian people displaced by the con- management or the share of costs paid by striking ‘‘2019’’ and inserting ‘‘2024’’. struction of the John Day Dam; and Federal and non-Federal interests relating to SEC. 4009. TEXAS COASTAL AREA. (B) identify a plan for suitable housing to sediment management under any other pro- In carrying out the Coastal Texas eco- replace housing lost to the construction of vision of law (including regulations). system protection and restoration study au- the John Day Dam. (b) SNOWPACK AND DROUGHT MONITORING.— thorized by section 4091 of the Water Re- (d) COLUMBIA AND LOWER WILLAMETTE RIV- Section 4003(a) of the Water Resources Re- sources Development Act of 2007 (Public Law ERS BELOW VANCOUVER, WASHINGTON AND OR- form and Development Act of 2014 (Public 110–114; 121 Stat. 1187), the Secretary shall EGON.—The Secretary shall conduct a study Law 113–121; 128 Stat. 1311) is amended by consider studies, data, or information devel- to determine the feasibility of modifying the adding at the end the following: oped by the Gulf Coast Community Protec- project for navigation, Columbia and Lower ‘‘(5) LEAD AGENCY.—The Corps of Engineers tion and Recovery District to expedite com- Willamette Rivers below Vancouver, Wash- shall be the lead agency for carrying out and pletion of the study. ington and Portland, Oregon, authorized by coordinating the activities described in para- SEC. 4010. UPPER MISSISSIPPI AND ILLINOIS RIV- section 101 of the River and Harbor Act of graph (1).’’. ERS FLOOD RISK MANAGEMENT. 1962 (Public Law 87–874; 76 Stat. 1177) to ad- SEC. 4004. PUGET SOUND NEARSHORE ECO- (a) IN GENERAL.—The Secretary shall con- dress safety risks. SYSTEM RESTORATION. duct a study at Federal expense to determine SEC. 4003. MISSOURI RIVER. Section 544(f) of the Water Resources De- the feasibility of carrying out projects to ad- (a) RESERVOIR SEDIMENT MANAGEMENT.— velopment Act of 2000 (Public Law 106–541; dress systemic flood damage reduction in the (1) DEFINITION OF SEDIMENT MANAGEMENT 114 Stat. 2675) is amended by striking upper Mississippi and Illinois River basins. PLAN.—In this subsection, the term ‘‘sedi- ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. (b) PURPOSE.—The purposes of the study ment management plan’’ means a plan for SEC. 4005. ICE JAM PREVENTION AND MITIGA- under subsection (a) are— preventing sediment from reducing water TION. (1) to develop an integrated, comprehen- storage capacity at a reservoir and increas- (a) IN GENERAL.—The Secretary may carry sive, and systems-based approach to mini- ing water storage capacity through sediment out projects under section 205 of the Flood mize the threat to health and safety result- removal at a reservoir. Control Act of 1948 (33 U.S.C. 701s), including ing from flooding by using structural and (2) UPPER MISSOURI RIVER BASIN PILOT PRO- planning, design, construction, and moni- nonstructural flood risk management meas- GRAM.—The Secretary shall carry out a pilot toring of structural and nonstructural tech- ures; program for the development and implemen- nologies and measures for preventing and (2) to reduce damages and costs associated tation of sediment management plans for mitigating flood damages associated with ice with flooding; reservoirs owned and operated by the Sec- jams. (3) to identify opportunities to support en- retary in the Upper Missouri River Basin, on (b) INCLUSION.—The projects described in vironmental sustainability and restoration request by project beneficiaries. subsection (a) may include the development goals of the Upper Mississippi River and Illi- (3) PLAN ELEMENTS.—A sediment manage- and demonstration of cost-effective tech- nois River floodplain as part of any systemic ment plan under paragraph (2) shall— nologies and designs developed in consulta- flood risk management plan; and (A) provide opportunities for project bene- tion with— (4) to seek opportunities to address, in con- ficiaries and other stakeholders to partici- (1) the Cold Regions Research and Engi- cert with flood risk management measures, pate in sediment management decisions; neering Laboratory of the Corps of Engi- other floodplain specific problems, needs, (B) evaluate the volume of sediment in a neers; and opportunities. reservoir and impacts on storage capacity; (2) universities; (c) STUDY COMPONENTS.—In carrying out (C) identify preliminary sediment manage- (3) Federal, State, and local agencies; and the study under subsection (a), the Secretary ment options, including sediment dikes and (4) private organizations. shall— dredging; (c) PILOT PROGRAM.— (1) as appropriate, coordinate with the (D) identify constraints; (1) AUTHORIZATION.—In addition to the heads of other appropriate Federal agencies, (E) assess technical feasibility, economic funding authorized under section 205 of the the Governors of the States within the Upper justification, and environmental impacts; Flood Control Act of 1948 (33 U.S.C. 701s), the Mississippi and Illinois River basins, the ap- (F) identify beneficial uses for sediment; Secretary is authorized to expend $30,000,000 propriate levee and drainage districts, non- and to carry out pilot projects to demonstrate profit organizations, and other interested (G) to the maximum extent practicable, technologies and designs developed in ac- parties; use, develop, and demonstrate innovative, cordance with this section. (2) recommend projects for reconstruction cost-saving technologies, including struc- (2) PRIORITY.—In carrying out pilot of existing levee systems so as to develop tural and nonstructural technologies and de- projects under paragraph (1), the Secretary and maintain a comprehensive system for signs, to manage sediment. shall give priority to projects in the Upper flood risk reduction and floodplain manage- (4) COST SHARE.—The beneficiaries request- Missouri River Basin. ment; ing the plan shall share in the cost of devel- (3) SUNSET.—The pilot program under this (3) perform a systemic analysis of critical opment and implementation of a sediment subsection shall terminate on December 31, transportation systems to determine the fea- management plan allocated in accordance 2026. sibility of protecting river approaches for with the benefits to be received. SEC. 4006. CHESAPEAKE BAY OYSTER RESTORA- land-based systems, highways, and railroads; (5) CONTRIBUTED FUNDS.—The Secretary TION. (4) develop a basin-wide hydrologic model may accept funds from non-Federal interests Section 704(b)(1) of the Water Resources for the Upper Mississippi River System and and other Federal agencies to develop and Development Act of 1986 (33 U.S.C. 2263(b)(1)) update as changes occur and new data is implement a sediment management plan is amended by striking ‘‘$60,000,000’’ and in- available; and under this subsection. serting ‘‘$100,000,000’’. (5) use, to the maximum extent prac- (6) GUIDANCE.—The Secretary shall use the SEC. 4007. NORTH ATLANTIC COASTAL REGION. ticable, any existing plans and data. knowledge gained through the development Section 4009 of the Water Resources Re- (d) BASIS FOR RECOMMENDATIONS.—In rec- and implementation of sediment manage- form and Development Act of 2014 (Public ommending a project under subsection (c)(2), ment plans under paragraph (2) to develop Law 113–121; 128 Stat. 1316) is amended— the Secretary may justify the project based guidance for sediment management at other (1) in subsection (a), by striking ‘‘conduct on system-wide benefits. reservoirs. a study to determine the feasibility of car- SEC. 4011. SALTON SEA, CALIFORNIA. (7) PARTNERSHIP WITH SECRETARY OF THE IN- rying out projects’’ and inserting ‘‘develop a Section 3032 of the Water Resources Devel- TERIOR.— comprehensive assessment and management opment Act of 2007 (Public Law 110–114; 121 (A) IN GENERAL.—The Secretary shall carry plan at Federal expense’’; Stat. 1113) is amended— out the pilot program established under this (2) in subsection (b), by striking the sub- (1) in the section heading, by inserting subsection in partnership with the Secretary section designation and heading and all that ‘‘PROGRAM’’ after ‘‘RESTORATION’’; of the Interior, and the program may apply follows through ‘‘In carrying out the study’’ (2) in subsection (b)— to reservoirs managed or owned by the Bu- and inserting the following: (A) in the subsection heading, by striking reau of Reclamation on execution of a ‘‘(b) ASSESSMENT AND MANAGEMENT PLAN.— ‘‘PILOT PROJECTS’’ and inserting ‘‘PROGRAM’’; memorandum of agreement between the Sec- In developing the comprehensive assessment (B) in paragraph (1)— retary and the Secretary of the Interior es- and management plan’’; and (i) by redesignating subparagraphs (A) and tablishing the framework for a partnership (3) in subsection (c)(1), in the matter pre- (B) as subparagraphs (B) and (C), respec- and the terms and conditions for sharing ex- ceding subparagraph (A), by striking ‘‘identi- tively; pertise and resources. fied in the study pursuant to subsection (a)’’ (ii) by inserting before subparagraph (B) (B) LEAD AGENCY.—The Secretary that has and inserting ‘‘identified in the comprehen- (as redesignated) the following: primary jurisdiction over the reservoir shall sive assessment and management plan under ‘‘(A) ESTABLISHMENT.—The Secretary shall take the lead in developing and imple- this section’’. carry out a program to implement projects

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5760 CONGRESSIONAL RECORD — SENATE September 15, 2016 to restore the Salton Sea in accordance with (B) recommendations for policies and other (i) populated areas; this section.’’; measures related to regional Federal, State, (ii) areas of concentrated economic devel- (iii) in subparagraph (B) (as redesignated local, and private participation in shoreline opment; and by clause (i)), by striking ‘‘the pilot’’; and and back-bay protection projects; (iii) areas with vulnerable environmental (iv) in subparagraph (C) (as redesignated by (C) an evaluation of the performance of ex- resources. clause (i))— isting Federal coastal storm damage reduc- (c) CONSULTATION.—The Secretary shall co- (I) in clause (i), in the matter preceding tion, ecosystem restoration, and navigation ordinate, as appropriate, with the heads of subclause (I), by striking ‘‘the pilot projects projects, including recommendations for the other Federal departments and agencies, the referred to in subparagraph (A)’’ and insert- improvement of those projects; Governors of the affected States, regional ing ‘‘the projects referred to in subparagraph (D) an assessment of the value and impacts governmental agencies, and units of local (B)’’; of implementation of regional, systems- government to address coastal impacts re- (II) in subclause (I), by inserting ‘‘, Salton based, watershed-based, and interstate ap- sulting from sea level rise. Sea Authority, or other non-Federal inter- proaches if practicable; (d) REPORT.—Not later than 4 years after est’’ before the semicolon at the end; and (E) recommendations for the demonstra- the date of enactment of this Act, the Sec- (III) in subclause (II), by striking ‘‘pilot’’; tion of methodologies for resilience through retary shall submit to the Committee on En- (C) in paragraph (2), in the matter pre- the use of natural and nature-based infra- vironment and Public Works of the Senate ceding subparagraph (A), by striking ‘‘pilot’’; structure approaches, as appropriate; and and the Committee on Transportation and and (F) recommendations regarding alternative Infrastructure of the House of Representa- (D) in paragraph (3)— sources of funding for new and existing tives a report recommending specific and de- (i) by striking ‘‘pilot’’ each place it ap- projects. tailed actions to address risks and pears; and (2) COOPERATION.—In carrying out para- vulnerabilities of the areas described in sub- (ii) by inserting ‘‘, Salton Sea Authority, graph (1), the Secretary shall cooperate section (a) to increased hurricane and storm or other non-Federal interest’’ after ‘‘State’’; with— damage as a result of sea level rise. and (A) heads of appropriate Federal agencies; SEC. 4016. KANAWHA RIVER BASIN. (3) in subsection (c), by striking ‘‘pilot’’. (B) States that have approved coastal man- The Secretary shall conduct studies to de- SEC. 4012. ADJUSTMENT. agement programs and appropriate agencies termine the feasibility of implementing Section 219(f)(25) of the Water Resources of those States; projects for flood risk management, eco- Development Act of 1992 (Public Law 102–580; (C) local governments; and system restoration, navigation, water sup- 113 Stat. 336) is amended— (D) the private sector. ply, recreation, and other water resource re- (1) by inserting ‘‘Berkeley’’ before ‘‘Cal- (b) STREAMLINING.—In carrying out this lated purposes within the Kanawha River houn’’; and section, the Secretary shall— Basin, West Virginia, Virginia, and North (2) by striking ‘‘Orangeberg, and Sumter’’ (1) to the maximum extent practicable, use Carolina. and inserting ‘‘and Orangeberg’’. existing research done by Federal, State, re- SEC. 4017. CONSIDERATION OF FULL ARRAY OF SEC. 4013. COASTAL RESILIENCY. gional, local, and private entities to elimi- MEASURES FOR COASTAL RISK RE- (a) IN GENERAL.—Section 4014(b) of the nate redundancies and related costs; DUCTION. (a) DEFINITIONS.—In this section: Water Resources Reform and Development (2) receive from any of the entities de- (1) NATURAL FEATURE.—The term ‘‘natural Act of 2014 (33 U.S.C. 2803a(b)) is amended— scribed in subsection (a)(2)— feature’’ means a feature that is created (1) in paragraph (1), by inserting ‘‘Indian (A) contributed funds; or through the action of physical, geological, tribes,’’ after ‘‘nonprofit organizations,’’; (B) research that may be eligible for credit biological, and chemical processes over time. (2) by redesignating paragraphs (3) and (4) as work-in-kind under applicable Federal (2) NATURE-BASED FEATURE.—The term ‘‘na- as paragraphs (4) and (5), respectively; and law; and ture-based feature’’ means a feature that is (3) by inserting after paragraph (2) the fol- (3) enable each District or combination of created by human design, engineering, and lowing: Districts of the Corps of Engineers that construction to protect, and in concert with, ‘‘(3) give priority to projects in commu- jointly participate in carrying out an assess- natural processes to provide risk reduction nities the existence of which is threatened ment under this section to consider region- in coastal areas. by rising sea level, including projects relat- ally appropriate engineering, biological, eco- ing to shoreline restoration, tidal marsh res- (b) REQUIREMENT.—In developing projects logical, social, economic, and other factors for coastal risk reduction, the Secretary toration, dunal habitats to protect coastal in carrying out the assessment. infrastructure, reduction of future and exist- shall consider, as appropriate— (c) REPORTS.—The Secretary shall submit ing emergency repair costs, and projects that (1) natural features; to the Committee on Environment and Pub- (2) nature-based features; use dredged materials;’’. lic Works of the Senate and the Committee (b) INTERAGENCY COORDINATION ON COASTAL (3) nonstructural measures; and on Transportation and Infrastructure of the RESILIENCE.— (4) structural measures. House of Representatives all reports and rec- (1) IN GENERAL.—The Secretary shall con- (c) REPORT TO CONGRESS.— ommendations prepared under this section, vene an interagency working group on resil- (1) IN GENERAL.—Not later than February 1, together with any necessary supporting doc- ience to extreme weather, which will coordi- 2020, the Secretary shall submit to the Com- umentation. nate research, data, and Federal investments mittee on Environment and Public Works of related to sea level rise, resiliency, and vul- SEC. 4015. SOUTH ATLANTIC COASTAL STUDY. the Senate and the Committee on Transpor- nerability to extreme weather, including (a) IN GENERAL.—The Secretary shall con- tation and Infrastructure of the House of coastal resilience. duct a study of the coastal areas located Representatives a report on the implementa- (2) CONSULTATION.—The interagency work- within the geographical boundaries of the tion of subsection (b). ing group convened under paragraph (1) South Atlantic Division of the Corps of Engi- (2) CONTENTS.—The report under paragraph shall— neers to identify the risks and (1) shall include, at a minimum, the fol- (A) participate in any activity carried out vulnerabilities of those areas to increased lowing: by an organization authorized by a State to hurricane and storm damage as a result of (A) A description of guidance or instruc- study and issue recommendations on how to sea level rise. tions issued, and other measures taken, by address the impacts on Federal assets of re- (b) REQUIREMENTS.—In carrying out the the Secretary and the Chief of Engineers to current flooding and sea level rise, including study under subsection (a), the Secretary implement subsection (b). providing consultation regarding policies, shall— (B) An assessment of the costs, benefits, programs, studies, plans, and best practices (1) conduct a comprehensive analysis of impacts, and trade-offs associated with relating to recurrent flooding and sea level current hurricane and storm damage reduc- measures recommended by the Secretary for rise in areas with significant Federal assets; tion measures with an emphasis on regional coastal risk reduction and the effectiveness and sediment management practices to of those measures. (B) share physical, biological, and socio- sustainably maintain or enhance current lev- (C) A description of any statutory, fiscal, economic data among such State organiza- els of storm protection; or regulatory barriers to the appropriate tions, as appropriate. (2) identify risks and coastal consideration and use of a full array of meas- SEC. 4014. REGIONAL INTERGOVERNMENTAL vulnerabilities in the areas affected by sea ures for coastal risk reduction. COLLABORATION ON COASTAL RE- level rise; SEC. 4018. WATERFRONT COMMUNITY REVITAL- SILIENCE. (3) recommend measures to address the IZATION AND RESILIENCY. (a) REGIONAL ASSESSMENTS.— vulnerabilities described in paragraph (2); (a) FINDINGS.—Congress finds that— (1) IN GENERAL.—The Secretary may con- and (1) many communities in the United States duct regional assessments of coastal and (4) develop a long-term strategy for— were developed along waterfronts; back bay protection and of Federal and State (A) addressing increased hurricane and (2) water proximity and access is a recog- policies and programs related to coastal storm damages that result from rising sea nized economic driver; water resources, including— levels; and (3) water shortages faced by parts of the (A) an assessment of the probability and (B) identifying opportunities to enhance United States underscore the need to man- the extent of coastal flooding and erosion, resiliency, increase sustainability, and lower age water sustainably and restore water including back bay and estuarine flooding; risks in— quality;

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5761 (4) interest in waterfront revitalization (E) to address economic competitive plan after the resilient waterfront commu- and development has grown, while the cir- strengths; and nity plan has been approved by the Sec- cumstances driving waterfront development (F) to complement and incorporate the ob- retary. have changed; jectives and recommendations of applicable (2) NON-FEDERAL PARTNERS.— (5) waterfront communities face challenges regional economic plans. (A) LEAD NON-FEDERAL PARTNERS.—A unit to revitalizing and leveraging water re- (3) COMPONENTS OF A RESILIENT WATER- of local government or an Indian tribe shall sources, such as outdated development pat- FRONT COMMUNITY PLAN.—A resilient water- be eligible to be considered as a lead non- terns, deteriorated water infrastructure, in- front community plan shall— Federal partner if the unit of local govern- dustrial contamination of soil and sediment, (A) consider all, or a portion of, the water- ment or Indian tribe is— and lack of public access to the waterfront, front area and adjacent land and water to (i) bound in part by— which are often compounded by overarching which the waterfront is connected eco- (I) a Great Lake; or economic distress in the community; logically, economically, or through local (II) an ocean; or (6) public investment in waterfront com- governmental or tribal boundaries; (ii) bordered or traversed by a riverfront or munity development and infrastructure (B) describe a vision and plan for the com- an inland lake. should reflect changing ecosystem condi- munity to develop as a vital and resilient (B) NON-FEDERAL IMPLEMENTATION PART- tions and extreme weather projections to en- waterfront community, integrating consider- NERS.—Subject to paragraph (4)(C), a lead sure strategic, resilient investments; ation of— non-Federal partner may contract with an (7) individual communities have unique (i) the economic opportunities resulting eligible non-Federal implementation partner priorities, concerns, and opportunities re- from water proximity and access, including— for implementation activities described in lated to waterfront restoration and commu- (I) water-dependent industries; paragraph (4)(B). nity revitalization; and (II) water-oriented commerce; and (3) PLANNING ACTIVITIES.— (8) the Secretary of Commerce has unique (III) recreation and tourism; (A) IN GENERAL.—Technical assistance may expertise in Great Lakes and ocean coastal (ii) the community relationship to the be provided for the development of a resil- resiliency and economic development. water, including— ient waterfront community plan. (I) quality of life; (B) ELIGIBLE PLANNING ACTIVITIES.—In de- (b) DEFINITIONS.—In this section: (II) public health; veloping a resilient waterfront community (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (III) community heritage; and plan, a resilient waterfront community has the meaning given the term in section 4 (IV) public access, particularly in areas in may— of the Indian Self-Determination and Edu- which publicly funded ecosystem restoration (i) conduct community visioning and out- cation Assistance Act (25 U.S.C. 5304). is underway; reach; (2) RESILIENT WATERFRONT COMMUNITY.— (iii) ecosystem challenges and projections, (ii) identify challenges and opportunities; The term ‘‘resilient waterfront community’’ including unresolved and emerging impacts (iii) develop strategies and solutions; means a unit of local government or Indian to the health and safety of the waterfront (iv) prepare plan materials, including text, tribe that is— and projections for extreme weather and maps, design, and preliminary engineering; (A)(i) bound in part by— water conditions; (v) collaborate across local agencies and (I) a Great Lake; or (iv) infrastructure needs and opportunities, work with regional, State, and Federal agen- (II) an ocean; or to facilitate strategic and sustainable cap- cies to identify, understand, and develop re- (ii) bordered or traversed by a riverfront or ital investments in— sponses to changing ecosystem and economic an inland lake; (I) docks, piers, and harbor facilities; circumstances; and (B) self-nominated as a resilient water- (II) protection against storm surges, (vi) conduct other planning activities that front community; and waves, and flooding; the Secretary considers necessary for the de- (C) designated by the Secretary as a resil- (III) stormwater, sanitary sewer, and velopment of a resilient waterfront commu- ient waterfront community on the basis of drinking water systems, including green in- nity plan that responds to revitalization and the development by the community of an eli- frastructure and opportunities to control resiliency issues confronted by the resilient gible resilient waterfront community plan, nonpoint source runoff; and waterfront community. with eligibility determined by the Secretary (IV) other community facilities and pri- (4) IMPLEMENTATION ACTIVITIES.— after considering the requirements of para- vate development; and (A) IN GENERAL.—Implementation assist- graphs (2) and (3) of subsection (c). (v) such other factors as are determined by ance may be provided— (3) SECRETARY.—The term ‘‘Secretary’’ the Secretary to align with metrics or indi- (i) to initiate implementation of a resilient means the Secretary of Commerce. cators for resiliency, considering environ- waterfront community plan and facilitate (c) RESILIENT WATERFRONT COMMUNITIES mental and economic changes. high-quality development, including DESIGNATION.— (4) DURATION.—After the designation of a leveraging local and private sector invest- (1) DESIGNATION.— community as a resilient waterfront commu- ment; and (A) IN GENERAL.—Subject to subparagraph nity under paragraph (1), a resilient water- (ii) to address strategic community prior- (B), the Secretary shall designate resilient front community plan developed in accord- ities that are identified in the resilient wa- waterfront communities based on the extent ance with paragraphs (2) and (3) may be— terfront community plan. to which a community meets the criteria de- (A) effective for the 10-year period begin- (B) ASSISTANCE.—Assistance may be pro- scribed in paragraph (2). ning on the date on which the Secretary ap- vided to advance implementation activities, (B) COLLABORATION.—For inland lake and proves the resilient waterfront community such as— riverfront communities, in making the des- plan; and (i) site preparation; ignation described in subparagraph (A), the (B) updated by the resilient waterfront (ii) environmental review; Secretary shall work with the Administrator community and submitted to the Secretary (iii) engineering and design; of the Environmental Protection Agency and for the approval of the Secretary before the (iv) acquiring easements or land for uses the heads of other Federal agencies, as the expiration of the 10-year period. such as green infrastructure, public amen- Secretary determines to be necessary. (d) RESILIENT WATERFRONT COMMUNITIES ities, or assembling development sites; (2) RESILIENT WATERFRONT COMMUNITY NETWORK.— (v) updates to zoning codes; PLAN.—A resilient waterfront community (1) IN GENERAL.—The Secretary shall de- (vi) construction of— plan is a community-driven vision and plan velop and maintain a resilient waterfront (I) public waterfront or boating amenities; that is developed— communities network to facilitate the shar- and (A) voluntarily at the discretion of the ing of best practices among waterfront com- (II) public spaces; community— munities. (vii) infrastructure upgrades to improve (i) to respond to local needs; or (2) PUBLIC RECOGNITION.—In consultation coastal resiliency; (ii) to take advantage of new water-ori- with designated resilient waterfront commu- (viii) economic and community develop- ented opportunities; nities, the Secretary shall provide formal ment marketing and outreach; and (B) with the leadership of the relevant gov- public recognition of the designated resilient (ix) other activities at the discretion of the ernmental entity or Indian tribe with the ac- waterfront communities to promote tourism, Secretary. tive participation of— investment, or other benefits. (C) IMPLEMENTATION PARTNERS.— (i) community residents; (e) WATERFRONT COMMUNITY REVITALIZA- (i) IN GENERAL.—To assist in the comple- (ii) utilities; and TION ACTIVITIES.— tion of implementation activities, a lead (iii) interested business and nongovern- (1) IN GENERAL.—To support a community non-Federal partner may contract or other- mental stakeholders; in leveraging other sources of public and pri- wise collaborate with a non-Federal imple- (C) as a new document or by amending or vate investment, the Secretary may use ex- mentation partner, including— compiling community planning documents, isting authority to support— (I) a nonprofit organization; as necessary, at the discretion of the Sec- (A) the development of a resilient water- (II) a public utility; retary; front community plan, including planning (III) a private entity; (D) in consideration of all applicable Fed- and feasibility analysis; and (IV) an institution of higher education; eral and State coastal zone management (B) the implementation of strategic com- (V) a State government; or planning requirements; ponents of a resilient waterfront community (VI) a regional organization.

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(ii) LEAD NON-FEDERAL PARTNER RESPONSI- the recommendation of the District Engi- under section 7002(2)(8) of the Water Re- BILITY.—The lead non-Federal partner shall neer; and sources Reform and Development Act of 2014 ensure that assistance and resources re- (B) to advise the District Engineer on revi- (Public Law 113–121; 128 Stat. 1366); or ceived by the lead non-Federal partner to ad- sions to the new Table Rock Lake Master (B) previous authorizations providing for vance the resilient waterfront community Plan and Table Rock Lake Shoreline Man- the Sacramento River and major and minor plan of the lead non-Federal partner and for agement Plan. tributaries project, including— related activities are used for the purposes (3) MEMBERSHIP.—Membership in the Com- (i) section 2 of the Act of March 1, 1917 (39 of, and in a manner consistent with, any ini- mittee shall not exceed 6 members and shall Stat. 949; chapter 144); tiative advanced by the Secretary for the include— (ii) section 12 of the Act of December 22, purpose of promoting waterfront community (A) not more than 1 representative each 1944 (58 Stat. 900; chapter 665); revitalization and resiliency. from the State of Missouri and the State of (iii) section 204 of the Flood Control Act of (5) USE OF NON-FEDERAL RESOURCES.— Arkansas; 1950 (64 Stat. 177; chapter 188); and (A) IN GENERAL.—A resilient waterfront (B) not more than 1 representative each (iv) any other Acts relating to the author- community receiving assistance under this from local economic development organiza- ization for the Sacramento River and major subsection shall provide non-Federal funds tions with jurisdiction over Table Rock and minor tributaries project along the toward completion of planning or implemen- Lake; and Feather River right bank between levee sta- tation activities. (C) not more than 1 representative each tioning 1483+33 and levee stationing 2368+00. (B) NON-FEDERAL RESOURCES.—Non-Federal representing the boating and conservation (d) STONINGTON HARBOR, CONNECTICUT.— funds may be provided by— interests of Table Rock Lake. The portion of the project for navigation, (i) 1 or more units of local or tribal govern- (4) STUDY.—The Secretary shall— Stonington Harbor, Connecticut, authorized ment; (A) carry out a study on the need to revise by the Act of May 23, 1828 (4 Stat. 288; chap- (ii) a State government; permit fees relating to Table Rock Lake to ter 73) that consists of the inner stone break- (iii) a nonprofit organization; better reflect the cost of issuing those fees water that begins at coordinates N. 682,146.42, E. 1231,378.69, running north 83.587 (iv) a private entity; and achieve cost savings; degrees west 166.79’ to a point N. 682,165.05, E. (v) a foundation; (B) submit to Congress a report on the re- 1,231,212.94, running north 69.209 degrees west (vi) a public utility; or sults of the study described in subparagraph 380.89’ to a point N. 682,300.25, E. 1,230,856.86, (vii) a regional organization. (A); and is no longer authorized as a Federal project (f) INTERAGENCY AWARENESS.—At regular (C) begin implementation of the new per- beginning on the date of enactment of this intervals, the Secretary shall provide a list mit fee structure based on the findings of the Act. of resilient waterfront communities to the study described in subparagraph (A). (e) GREEN RIVER AND BARREN RIVER, KEN- applicable States and the heads of national SEC. 4020. PEARL RIVER BASIN, MISSISSIPPI. TUCKY.— and regional offices of interested Federal The Secretary shall expedite review and (1) IN GENERAL.—Beginning on the date of agencies, including at a minimum— decision on the recommendation for the enactment of this Act, commercial naviga- (1) the Secretary of Transportation; project for flood damage reduction author- tion at the locks and dams identified in the (2) the Secretary of Agriculture; ized by section 401(e)(3) of the Water Re- report of the Chief of Engineers entitled (3) the Administrator of the Environ- sources Development Act of 1986 (100 Stat. ‘‘Green River Locks and Dams 3, 4, 5, and 6 mental Protection Agency; 4132), as amended by section 3104 of the and Barren River Lock and Dam 1, Ken- (4) the Administrator of the Federal Emer- Water Resources Development Act of 2007 tucky’’ and dated April 30, 2015, shall no gency Management Agency; (121 Stat. 1134), submitted to the Secretary longer be authorized, and the land and im- (5) the Assistant Secretary of the Army for under section 211 of the Water Resources De- provements associated with the locks and Civil Works; velopment Act of 1996 (33 U.S.C. 701b–13) (as dams shall be— (6) the Secretary of the Interior; and in effect on the day before the date of enact- (A) disposed of consistent with paragraph (7) the Secretary of Housing and Urban De- ment of the Water Resources Reform and De- (2); and velopment. velopment Act of 2014). (B) subject to such terms and conditions as (g) NO NEW REGULATORY AUTHORITY.— TITLE V—DEAUTHORIZATIONS the Secretary determines to be necessary Nothing in this section may be construed as and appropriate in the public interest. establishing new authority for any Federal SEC. 5001. DEAUTHORIZATIONS. (2) DISPOSITION.— agency. (a) VALDEZ, ALASKA.— (A) GREEN RIVER LOCK AND DAM 3.—The Sec- (h) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—Subject to paragraph (2), There is authorized to be appropriated to the the portions of the project for navigation, retary shall convey to the Rochester Dam Secretary to carry out this section $25,000,000 Valdez, Alaska, identified as Tract G, Harbor Regional Water Commission all right, title, for each of fiscal years 2017 through 2021. Subdivision, shall not be subject to naviga- and interest of the United States in and to (i) FUNDING.—Out of any funds in the tion servitude beginning on the date of en- Green River Lock and Dam 3, located in Ohio Treasury not otherwise appropriated, the actment of this Act. County and Muhlenberg County, Kentucky, Secretary of the Treasury shall transfer to (2) ENTRY BY FEDERAL GOVERNMENT.—The together with any improvements on the the Secretary to carry out this section Federal Government may enter on the prop- land. $800,000, to remain available until expended. erty referred to in paragraph (1) to carry out (B) GREEN RIVER LOCK AND DAM 4.—The Sec- SEC. 4019. TABLE ROCK LAKE, ARKANSAS AND any required operation and maintenance of retary shall convey to Butler County, Ken- MISSOURI. the general navigation features of the tucky, all right, title, and interest of the (a) IN GENERAL.—Notwithstanding any project described in paragraph (1). United States in and to Green River Lock other provision of law, the Secretary— (b) RED RIVER BELOW DENISON DAM, ARKAN- and Dam 4, located in Butler County, Ken- (1) shall include a 60-day public comment SAS, LOUISIANA, AND TEXAS.—The portion of tucky, together with any improvements on period for the Table Rock Lake Master Plan the project for flood protection on Red River the land. and Table Rock Lake Shoreline Management Below Denison Dam, Arkansas, Louisiana (C) GREEN RIVER LOCK AND DAM 5.—The Sec- Plan revision; and and Texas, authorized by section 10 of the retary shall convey to the State of Ken- (2) shall finalize the revision for the Table Flood Control Act of 1946 (60 Stat. 647, chap- tucky, a political subdivision of the State of Rock Lake Master Plan and Table Rock ter 596), consisting of the portion of the West Kentucky, or a nonprofit, nongovernmental Lake Shoreline Management Plan during the Agurs Levee that begins at lat. 32°32’50.86’’ organization all right, title, and interest of 2-year period beginning on the date of enact- N., by long. 93°46’16.82’’ W., and ends at lat. the United States in and to Green River ment of this Act. 32° 31’22.79’’ N., by long. 93° 45’ 2.47’’ W., is no Lock and Dam 5 for the express purposes of— (b) SHORELINE USE PERMITS.—During the longer authorized beginning on the date of (i) removing the structure from the river period described in subsection (a)(2), the Sec- enactment of this Act. at the earliest feasible time; and retary shall lift or suspend the moratorium (c) SUTTER BASIN, CALIFORNIA.— (ii) making the land available for conserva- on the issuance of new, and modifications to (1) IN GENERAL.—The separable element tion and public recreation, including river existing, shoreline use permits based on the constituting the locally preferred plan incre- access. existing Table Rock Lake Master Plan and ment reflected in the report of the Chief of (D) GREEN RIVER LOCK AND DAM 6.— Table Rock Lake Shoreline Management Engineers dated March 12, 2014, and author- (i) IN GENERAL.—The Secretary shall trans- Plan. ized for construction under section 7002(2)(8) fer to the Secretary of the Interior adminis- (c) OVERSIGHT COMMITTEE.— of the Water Resources Reform and Develop- trative jurisdiction over the portion of Green (1) IN GENERAL.—Not later than 120 days ment Act of 2014 (Public Law 113–121; 128 River Lock and Dam 6, Edmonson County, after the date of enactment of this Act, the Stat. 1366) is no longer authorized beginning Kentucky, that is located on the left de- Secretary shall establish an oversight com- on the date of enactment of this Act. scending bank of the Green River, together mittee (referred to in this subsection as the (2) SAVINGS PROVISIONS.—The deauthoriza- with any improvements on the land, for in- ‘‘Committee’’). tion under paragraph (1) does not affect— clusion in Mammoth Cave National Park. (2) PURPOSES.—The purposes of the Com- (A) the national economic development (ii) TRANSFER TO THE STATE OF KENTUCKY.— mittee shall be— plan separable element reflected in the re- The Secretary shall transfer to the State of (A) to review any permit to be issued under port of the Chief of Engineers dated March Kentucky all right, title, and interest of the the existing Table Rock Lake Master Plan at 12, 2014, and authorized for construction United States in and to the portion of Green

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5763 River Lock and Dam 6, Edmonson County, (K) running northwesterly about 60.00 feet (B) Parcels 1, 2, and 3 of Hood River County Kentucky, that is located on the right de- to a point N. 3056526.30, E. 850684.81; Partition plat No. 2008–25P. scending bank of the Green River, together (L) running southwesterly about 85.56 feet (3) FEDERAL LIABILITIES; CULTURAL, ENVI- with any improvements on the land, for use to a point N. 3056523.33, E. 850599.31; RONMENTAL, OTHER REGULATORY REVIEWS.— by the Department of Fish and Wildlife Re- (M) running southwesterly about 36.20 feet (A) FEDERAL LIABILITY.—The United States sources of the State of Kentucky for the pur- to a point N. 3056512.37, E. 850564.81; shall not be liable for any injury caused by poses of— (N) running southwesterly about 80.10 feet the termination of the easement under this (I) removing the structure from the river to a point N. 3056467.08, E. 850498.74; subsection. at the earliest feasible time; and (O) running southwesterly about 169.05 feet (B) CULTURAL AND ENVIRONMENTAL REGU- (II) making the land available for con- to a point N. 3056334.36, E. 850394.03; LATORY ACTIONS.—Nothing in this subsection servation and public recreation, including (P) running northwesterly about 48.52 feet establishes any cultural or environmental river access. to a point N. 3056354.38, E. 850349.83; regulation relating to the properties de- (E) BARREN RIVER LOCK AND DAM 1.—The (Q) running northeasterly about 83.71 feet scribed in paragraph (2). Secretary shall convey to the State of Ken- to a point N. 3056436.35, E. 850366.84; (4) EFFECT ON OTHER RIGHTS.—Nothing in tucky, all right, title, and interest of the (R) running northeasterly about 212.38 feet this subsection affects any remaining right United States in and to Barren River Lock to a point N. 3056548.70, E. 850547.07; or interest of the Corps of Engineers in the and Dam 1, located in Warren County, Ken- (S) running northeasterly about 47.60 feet properties described in paragraph (2). tucky, together with any improvements on to a point N. 3056563.12, E. 850592.43; (i) DECLARATIONS OF NON-NAVIGABILITY FOR the land, for use by the Department of Fish (T) running northeasterly about 101.16 feet PORTIONS OF THE DELAWARE RIVER, PHILA- and Wildlife Resources of the State of Ken- to a point N. 3056566.62, E. 850693.53; DELPHIA, PENNSYLVANIA.— tucky for the purposes of— (U) running southeasterly about 80.22 feet (1) IN GENERAL.—Subject to paragraphs (2) (i) removing the structure from the river to a point N. 3056530.97, E. 850765.40; and (3), unless the Secretary determines, at the earliest feasible time; and (V) running southeasterly about 99.29 feet after consultation with local and regional (ii) making the land available for conserva- to a point N. 3056449.88, E. 850822.69; public officials (including local and regional tion and public recreation, including river (W) running southeasterly about 210.12 feet project planning organizations), that there access. to a point N. 3056240.79, E. 850843.54; are substantive objections, the following por- tions of the Delaware River, bounded by the (3) CONDITIONS.— (X) running southeasterly about 219.46 feet former bulkhead and pierhead lines estab- (A) IN GENERAL.—The exact acreage and to a point N. 3056031.13, E. 850908.38; lished by the Secretary of War and succes- legal description of any land to be disposed (Y) running southeasterly about 38.23 feet sors, are declared to be non-navigable waters of, transferred, or conveyed under this sub- to a point N. 3056014.02, E. 850942.57; of the United States: section shall be determined by a survey sat- (Z) running southeasterly about 410.93 feet (A) Piers 70 South through 38 South, en- isfactory to the Secretary. to a point N. 3055896.06, E. 851336.21; compassing an area bounded by the southern (B) QUITCLAIM DEED.—A conveyance under (AA) running northeasterly about 188.43 line of Moore Street extended to the north- subparagraph (A), (B), (D), or (E) of para- feet to a point N. 3055925.46, E. 851522.33; ern line of Catherine Street extended, in- graph (2) shall be accomplished by quitclaim (BB) running northeasterly about 135.47 cluding the following piers: Piers 70, 68, 67, deed and without consideration. feet to a point N. 3055992.91, E. 851639.80; 64, 61–63, 60, 57, 55, 46, 48, 40, and 38. (C) ADMINISTRATIVE COSTS.—The Secretary (CC) running northeasterly about 52.15 feet to a point N. 3056023.90, E. 851681.75; and (B) Piers 24 North through 72 North, en- shall be responsible for all administrative compassing an area bounded by the southern costs associated with a transfer or convey- (DD) running northeasterly about 91.57 feet to a point N. 3056106.82, E. 851720.59. line of Callowhill Street extended to the ance under this subsection, including the northern line of East Fletcher Street ex- costs of a survey carried out under subpara- (g) HANNIBAL SMALL BOAT HARBOR, HAN- NIBAL, MISSOURI.—The project for navigation tended, including the following piers: 24, 25, graph (A). at Hannibal Small Boat Harbor on the Mis- 27–35, 35.5, 36, 37, 38, 39, 49, 51–52, 53–57, 58–65, (D) REVERSION.—If the Secretary deter- sissippi River, Hannibal, Missouri, author- 66, 67, 69, 70–72, and Rivercenter. mines that the land transferred or conveyed ized by section 101 of the River and Harbor (2) DETERMINATION.—The Secretary shall under this subsection is not used by a non- Act of 1950 (Public Law 81–516; 64 Stat. 166, make the determination under paragraph (1) Federal entity for a purpose that is con- chapter 188), is no longer authorized begin- separately for each portion of the Delaware sistent with the purpose of the transfer or ning on the date of enactment of this Act, River described in subparagraphs (A) and (B) conveyance, all right, title, and interest in and any maintenance requirements associ- of paragraph (1), using reasonable discretion, and to the land, including any improvements ated with the project are terminated. by not later than 150 days after the date of on the land, shall revert, at the discretion of (h) PORT OF CASCADE LOCKS, OREGON.— submission of appropriate plans for that por- the Secretary, to the United States, and the (1) TERMINATION OF PORTIONS OF EXISTING tion. United States shall have the right of imme- FLOWAGE EASEMENT.— (3) LIMITS ON APPLICABILITY.— diate entry onto the land. (A) DEFINITION OF FLOWAGE EASEMENT.—In (A) IN GENERAL.—Paragraph (1) applies (f) ESSEX RIVER, MASSACHUSETTS.— this paragraph, the term ‘‘flowage ease- only to those parts of the areas described in (1) IN GENERAL.—The portions of the ment’’ means the flowage easements identi- that paragraph that are or will be bulk- project for navigation, Essex River, Massa- fied as tracts 302E–1 and 304E–1 on the ease- headed and filled or otherwise occupied by chusetts, authorized by the first section of ment deeds recorded as instruments in Hood permanent structures, including marina and the Act of July 13, 1892 (27 Stat. 96, chapter River County, Oregon, as follows: recreation facilities. 158), and modified by the first section of the (i) A flowage easement dated October 3, (B) OTHER FEDERAL LAWS.—Any work de- Act of March 3, 1899 (30 Stat. 1133, chapter 1936, recorded December 1, 1936, book 25 at scribed in subparagraph (A) shall be subject 425), and the first section of the Act of March page 531 (records of Hood River County, Or- to all applicable Federal law (including regu- 2, 1907 (34 Stat. 1075, chapter 2509), that do egon), in favor of United States (302E–1–Per- lations), including— not lie within the areas described in para- petual Flowage Easement from October 5, (i) sections 9 and 10 of the Act of March 3, graph (2) are no longer authorized beginning 1937, October 5, 1936, and October 3, 1936) (pre- 1899 (commonly known as the ‘‘River and on the date of enactment of this Act. viously acquired as tracts OH–36 and OH–41 Harbors Appropriation Act of 1899’’) (33 (2) AREAS DESCRIBED.—The areas described and a portion of tract OH–47). U.S.C. 401, 403); in this paragraph are— (ii) A flowage easement recorded October (ii) section 404 of the Federal Water Pollu- (A) beginning at a point N. 3056139.82, E. 17, 1936, book 25 at page 476 (records of Hood tion Control Act (33 U.S.C. 1344); and 851780.21; River County, Oregon), in favor of the United (iii) the National Environmental Policy (B) running southwesterly about 156.88 feet States, that affects that portion below the Act of 1969 (42 U.S.C. 4321 et seq.). to a point N. 3055997.75, E. 851713.67; 94-foot contour line above main sea level (304 (j) SALT CREEK, GRAHAM, TEXAS.— (C) running southwesterly about 64.59 feet E–1–Perpetual Flowage Easement from Au- (1) IN GENERAL.—The project for flood con- to a point N. 3055959.37, E. 851661.72; gust 10, 1937 and October 3, 1936) (previously trol, environmental restoration, and recre- (D) running southwesterly about 145.14 feet acquired as tract OH–42 and a portion of ation, Salt Creek, Graham, Texas, author- to a point N. 3055887.10, E. 851535.85; tract OH–47). ized by section 101(a)(30) of the Water Re- (E) running southwesterly about 204.91 feet (B) TERMINATION.—With respect to the sources Development Act of 1999 (Public Law to a point N. 3055855.12, E. 851333.45; properties described in paragraph (2), begin- 106–53; 113 Stat. 278–279), is no longer author- (F) running northwesterly about 423.50 feet ning on the date of enactment of this Act, ized as a Federal project beginning on the to a point N. 3055976.70, E. 850927.78; the flowage easements are terminated above date of enactment of this Act. (G) running northwesterly about 58.77 feet elevation 82.4 feet (NGVD29), the ordinary (2) CERTAIN PROJECT-RELATED CLAIMS.—The to a point N. 3056002.99, E. 850875.21; high water mark. non-Federal sponsor for the project described (H) running northwesterly about 240.57 feet (2) AFFECTED PROPERTIES.—The properties in paragraph (1) shall hold and save the to a point N. 3056232.82, E. 850804.14; described in this paragraph, as recorded in United States harmless from any claim that (I) running northwesterly about 203.60 feet Hood River, County, Oregon, are as follows: has arisen, or that may arise, in connection to a point N. 3056435.41, E. 850783.93; (A) Lots 3, 4, 5, and 7 of the ‘‘Port of Cas- with the project. (J) running northwesterly about 78.63 feet cade Locks Business Park’’ subdivision, in- (3) TRANSFER.—The Secretary is authorized to a point N. 3056499.63, E. 850738.56; strument #2014–00436. to transfer any land acquired by the Federal

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5764 CONGRESSIONAL RECORD — SENATE September 15, 2016 Government for the project on behalf of the SEC. 5002. CONVEYANCES. trol or other public purposes and is conveyed non-Federal sponsor that remains in Federal (a) PEARL RIVER, MISSISSIPPI AND LOU- to a non-public entity, the transferee, as ownership on or after the date of enactment ISIANA.— part of the conveyance, shall pay to the of this Act to the non-Federal sponsor. (1) IN GENERAL.—The project for naviga- United States the fair market value for the (4) REVERSION.—If the Secretary deter- tion, Pearl River, Mississippi and Louisiana, interest. mines that the land that is integral to the authorized by the first section of the Act of (3) NO EFFECT.—Nothing in this sub- project described in paragraph (1) ceases to August 30, 1935 (49 Stat. 1033, chapter 831) and section— be owned by the public, all right, title, and section 101 of the River and Harbor Act of (A) amends, modifies, or repeals any exist- interest in and to the land and improve- 1966 (Public Law 89–789; 80 Stat. 1405), is no ing authority vested in the Federal Energy ments shall revert, at the discretion of the longer authorized as a Federal project begin- Regulatory Commission; or Secretary, to the United States. ning on the date of enactment of this Act. (B) amends, modifies, or repeals any au- (k) NEW SAVANNAH BLUFF LOCK AND DAM, (2) TRANSFER.— thority of the Secretary or the Chief of Engi- GEORGIA AND SOUTH CAROLINA.— (A) IN GENERAL.—Subject to subparagraphs neers pursuant to section 7 of the Act of De- (1) DEFINITIONS.—In this subsection: (B) and (C), the Secretary is authorized to cember 22, 1944 (33 U.S.C. 709). (A) NEW SAVANNAH BLUFF LOCK AND DAM.— convey to a State or local interest, without (d) JOE POOL LAKE, TEXAS.—The Secretary The term ‘‘New Savannah Bluff Lock and consideration, all right, title, and interest of shall accept from the Trinity River Author- Dam’’ has the meaning given the term in the United States in and to— ity of Texas, if received by December 31, 2016, section 348(l)(1) of the Water Resources De- (i) any land in which the Federal Govern- $31,233,401 as payment in full of amounts velopment Act of 2000 (114 Stat. 2630) (as in ment has a property interest for the project owed to the United States, including any ac- effect on the day before the date of enact- described in paragraph (1); and ment of this Act). crued interest, for the approximately 61,747.1 (ii) improvements to the land described in acre-feet of water supply storage space in (B) PROJECT.—The term ‘‘Project’’ means clause (i). the project for navigation, Savannah Harbor Joe Pool Lake, Texas (previously known as (B) RESPONSIBILITY FOR COSTS.—The trans- Lakeview Lake), for which payment has not expansion, Georgia, authorized by section feree shall be responsible for the payment of 7002(1) of the Water Resources Reform and commenced under Article 5.a (relating to all costs and administrative expenses associ- project investment costs) of contract number Development Act of 2014 (128 Stat. 1364). ated with any transfer carried out pursuant (2) DEAUTHORIZATION.— DACW63–76–C–0106 as of the date of enact- to subparagraph (A), including costs associ- ment of this Act. (A) IN GENERAL.—Effective beginning on ated with any land survey required to deter- the date of enactment of this Act— mine the exact acreage and legal description (e) WEBER BASIN PROJECT, UTAH.— (i) the New Savannah Bluff Lock and Dam of the land and improvements to be trans- (1) IN GENERAL.—The Secretary of the Inte- is deauthorized; and ferred. rior shall allow for the prepayment of repay- (ii) notwithstanding section 348(l)(2)(B) of (C) OTHER TERMS AND CONDITIONS.—A trans- ment obligations under the repayment con- the Water Resources Development Act of fer under subparagraph (A) shall be subject tract numbered 14–06–400–33 between the 2000 (114 Stat. 2630; 114 Stat. 2763A–228) (as in to such other terms and conditions as the United States and the Weber Basin Water effect on the day before the date of enact- Secretary determines to be necessary and ap- Conservancy District (referred to in this sub- ment of this Act) or any other provision of propriate to protect the interests of the section as the ‘‘District’’), dated December law, the New Savannah Bluff Lock and Dam United States. 12, 1952, and supplemented and amended on shall not be conveyed to the city of North (3) REVERSION.—If the Secretary deter- June 30, 1961, on April 15, 1966, on September Augusta and Aiken County, South Carolina, mines that the land and improvements con- 20, 1968, and on May 9, 1985, including any or any other non-Federal entity. veyed under paragraph (2) ceases to be owned other amendments and all related applicable (B) REPEAL.—Section 348 of the Water Re- by the public, all right, title, and interest in contracts to the repayment contract, pro- sources Development Act of 2000 (114 Stat. and to the land and improvements shall re- viding for repayment of Weber Basin Project 2630; 114 Stat. 2763A–228) is amended— vert, at the discretion of the Secretary, to construction costs allocated to irrigation (i) by striking subsection (l); and the United States. and municipal and industrial purposes for (ii) by redesignating subsections (m) and (b) SARDIS LAKE, MISSISSIPPI.— which repayment is provided pursuant to the (n) as subsections (l) and (m), respectively. (1) IN GENERAL.—The Secretary is author- repayment contract under terms and condi- (3) PROJECT MODIFICATIONS.— ized to convey to the lessee, at full fair mar- tions similar to the terms and conditions (A) IN GENERAL.—Notwithstanding any ket value, all right, title and interest of the used in implementing the prepayment provi- other provision of law, the Project is modi- United Sates in and to the property identi- sions in section 210 of the Central Utah fied to include, as the Secretary determines fied in the leases numbered DACW38–1–15–7, Project Completion Act (Public Law 102–575; to be necessary— DACW38–1–15–33, DACW38–1–15–34, and 106 Stat. 4624) for prepayment of Central (i)(I) repair of the lock wall of the New Sa- DACW38–1–15–38, subject to such terms and Utah Project, Bonneville Unit repayment ob- vannah Bluff Lock and Dam and modifica- conditions as the Secretary determines to be ligations. tion of the structure such that the structure necessary and appropriate to protect the in- (2) AUTHORIZATIONS AND REQUIREMENTS.— is able— terests of the United States. The prepayment authorized under paragraph (aa) to maintain the pool for navigation, (2) EASEMENT AND RESTRICTIVE COVENANT.— (1)— water supply, and recreational activities, as The conveyance under paragraph (1) shall in- (A) shall result in the United States recov- in existence on the date of enactment of this clude— ering the net present value of all repayment Act; and (A) a restrictive covenant to require the streams that would have been payable to the (bb) to allow safe passage via a rock ramp approval of the Secretary for any substantial United States if this section was not in ef- over the structure to historic spawning change in the use of the property; and fect; grounds of Shortnose sturgeon, Atlantic (B) a flowage easement. (B) may be provided in several install- sturgeon, and other migratory fish; or (c) PENSACOLA DAM AND RESERVOIR, GRAND ments; (II)(aa) construction at an appropriate lo- RIVER, OKLAHOMA.— (C) may not be adjusted on the basis of the cation across the Savannah River of a rock (1) IN GENERAL.—Notwithstanding the Act type of prepayment financing used by the weir that is able to maintain the pool for of June 28, 1938 (52 Stat. 1215, chapter 795), as District; and water supply and recreational activities, as amended by section 3 of the Act of August 18, (D) shall be made in a manner that pro- in existence on the date of enactment of this 1941 (55 Stat. 645, chapter 377), and notwith- vides that total repayment is made not later Act; and standing section 3 of the Act of July 31, 1946 than September 30, 2026. (bb) removal of the New Savannah Bluff (60 Stat. 744, chapter 710), the Secretary shall TITLE VI—WATER RESOURCES Lock and Dam on completion of construction convey, by quitclaim deed and without con- INFRASTRUCTURE of the weir; and sideration, to the Grand River Dam Author- (ii) conveyance by the Secretary to Au- ity, an agency of the State of Oklahoma, for SEC. 6001. AUTHORIZATION OF FINAL FEASI- gusta-Richmond County, Georgia, of the flood control purposes, all right, title, and BILITY STUDIES. park and recreation area adjacent to the interest of the United States in and to real The following final feasibility studies for New Savannah Bluff Lock and Dam, without property under the administrative jurisdic- water resources development and conserva- consideration. tion of the Secretary acquired in connection tion and other purposes are authorized to be (B) OPERATION AND MAINTENANCE COSTS.— with the Pensacola Dam project, together carried out by the Secretary substantially in The Federal share of the costs of operation with any improvements on the property. accordance with the plan, and subject to the and maintenance of any Project feature con- (2) FLOOD CONTROL PURPOSES.—If any inter- conditions, described in the respective re- structed pursuant to subparagraph (A) shall est in the real property described in para- ports designated in this section: be 100 percent. graph (1) ceases to be managed for flood con- (1) NAVIGATION.—

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C. Date of Report of A. State B. Name Chief of Engineers D. Estimated Costs

1. TX Brazos Island Harbor November 3, 2014 Federal: $116,116,000 Non-Federal: $135,836,000 Total: $251,952,000

2. LA Calcasieu Lock December 2, 2014 Federal: $16,700,000 Non-Federal: $0 Total: $16,700,000

3. NH, ME Portsmouth Harbor and February 8, 2015 Federal: $15,580,000 Piscataqua River Non-Federal: $5,190,000 Total: $20,770,000

4. KY Green River Locks and Dams April 30, 2015 Federal: $0 3, 4, 5, and 6 and Barren Non-Federal: $0 River Lock and Dam 1 Dis- Total: $0 position

5. FL Port Everglades June 25, 2015 Federal: $220,200,000 Non-Federal: $102,500,000 Total: $322,700,000

6. AK Little Diomede August 10, 2015 Federal: $26,015,000 Non-Federal: $2,945,000 Total: $28,960,000

7. SC Charleston Harbor September 8, 2015 Federal: $224,300,000 Non-Federal: $269,000,000 Total: $493,300,000

8. AK Craig Harbor March 16, 2016 Federal: $29,062,000 Non-Federal: $3,255,000 Total: $32,317,000

9. PA Upper Ohio River, Allegheny September 12, 2016 Federal: $1,324,235,500 and Beaver Counties Non-Federal: $1,324,235,500 Total: $2,648,471,000

(2) FLOOD RISK MANAGEMENT.—

C. Date of Report of A. State B. Name Chief of Engineers D. Estimated Costs

1. TX Leon Creek Watershed, San June 30, 2014 Federal: $18,314,000 Antonio Non-Federal: $9,861,000 Total: $28,175,000

2. MO, KS Armourdale and Central In- January 27, 2015 Federal: $207,036,000 dustrial District Levee Non-Federal: $111,481,000 Units, Missouri River and Total: $318,517,000 Tributaries at Kansas City

3. KS City of Manhattan April 30, 2015 Federal: $15,440,100 Non-Federal: $8,313,900 Total: $23,754,000

4. KS Upper Turkey Creek Basin December 22, 2015 Federal: $24,584,000 Non-Federal: $13,238,000 Total: $37,822,000

5. NC Princeville February 23, 2016 Federal: $14,001,000 Non-Federal: $7,539,000 Total: $21,540,000

6. CA West Sacramento April 26, 2016 Federal: $776,517,000 Non-Federal: $414,011,000 Total: $1,190,528,000

7. CA American River Watershed April 26, 2016 Federal: $876,478,000 Common Features Non-Federal: $689,272,000 Total: $1,565,750,000

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C. Date of Report of A. State B. Name Chief of Engineers D. Estimated Costs

8. TN Mill Creek, Nashville October 15, 2015 Federal: $17,759,000 Non-Federal: $10,745,000 Total: $28,504,000

(3) HURRICANE AND STORM DAMAGE RISK RE- DUCTION.—

C. Date of Report of D. Estimated Initial Costs and Estimated Re- A. State B. Name Chief of Engineers nourishment Costs

1. SC Edisto Beach, Colleton County September 5, 2014 Initial Federal: $13,733,850 Initial Non-Federal: $7,395,150 Initial Total: $21,129,000 Renourishment Federal: $16,371,000 Renourishment Non-Federal: $16,371,000 Renourishment Total: $32,742,000

2. FL Flagler County December 23, 2014 Initial Federal: $9,218,300 Initial Non-Federal: $4,963,700 Initial Total: $14,182,000 Renourishment Federal: $15,390,000 Renourishment Non-Federal: $15,390,000 Renourishment Total: $30,780,000

3. NC Bogue Banks, Carteret County December 23, 2014 Initial Federal: $24,263,000 Initial Non-Federal: $13,064,000 Initial Total: $37,327,000 Renourishment Federal: $114,728,000 Renourishment Non-Federal: $114,728,000 Renourishment Total: $229,456,000

4. NJ Hereford Inlet to Cape May January 23, 2015 Initial Federal: $14,040,000 Inlet, New Jersey Shoreline Initial Non-Federal: $7,560,000 Protection Project, Cape Initial Total: $21,600,000 May County Renourishment Federal: $41,215,000 Renourishment Non-Federal: $41,215,000 Renourishment Total: $82,430,000

5. LA West Shore Lake Pont- June 12, 2015 Federal: $466,760,000 chartrain Non-Federal: $251,330,000 Total: $718,090,000

6. CA Encinitas-Solana Beach Coast- April 29, 2016 Initial Federal: $20,166,000 al Storm Damage Reduction Initial Non-Federal: $10,858,000 Initial Total: $31,024,000 Renourishment Federal: $68,215,000 Renourishment Non-Federal: $68,215,000 Renourishment Total: $136,430,000

7. LA Southwest Coastal Louisiana July 29, 2016 Federal: $2,011,279,000 Non-Federal: $1,082,997,000 Total: $3,094,276,000

(4) FLOOD RISK MANAGEMENT AND ENVIRON- MENTAL RESTORATION.—

C. Date of Report of A. State B. Name Chief of Engineers D. Estimated Costs

1. IL, WI Upper Des Plaines River and June 8, 2015 Federal: $199,393,000 Tributaries Non-Federal: $107,694,000 Total: $307,087,000

2. CA South San Francisco Bay December 18, 2015 Federal: $69,521,000 Shoreline Non-Federal: $104,379,000 Total: $173,900,000

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(5) ENVIRONMENTAL RESTORATION.—

C. Date of Report of A. State B. Name Chief of Engineers D. Estimated Costs

1. FL Central Everglades Planning December 23, 2014 Federal: $976,375,000 Project, Comprehensive Ev- Non-Federal: $974,625,000 erglades Restoration Plan, Total: $1,951,000,000 Central and Southern Flor- ida Project

2. OR Lower Willamette River Envi- December 14, 2015 Federal: $19,143,000 ronmental Dredging Non-Federal: $10,631,000 Total: $29,774,000

3. WA Skokomish River December 14, 2015 Federal: $12,782,000 Non-Federal: $6,882,000 Total: $19,664,000

4. CA LA River Ecosystem Restora- December 18, 2015 Federal: $375,773,000 tion Non-Federal: $980,835,000 Total: $1,356,608,000

(6) SPECIAL RULE.—The portion of the Mill SEC. 6002. AUTHORIZATION OF PROJECT MODI- carried out by the Secretary substantially in Creek Flood Risk Management project au- FICATIONS RECOMMENDED BY THE accordance with the recommendations of the SECRETARY. thorized by paragraph (2) that consists of Director of Civil Works, as specified in the measures within the Mill Creek Basin shall The following project modifications for reports referred to in this section: be carried out pursuant to section 205 of the water resources development and conserva- Flood Control Act of 1948 (33 U.S.C. 701s). tion and other purposes are authorized to be

A. State B. Name C. Date of Director’s Report D. Updated Authorization Project Costs

1. KS, MO Turkey Creek Basin November 4, 2015 Estimated Federal: $97,067,750 Estimated Non-Federal: $55,465,250 Total: $152,533,000

2. MO Blue River Basin November 6, 2015 Estimated Federal: $34,860,000 Estimated Non-Federal: $11,620,000 Total: $46,480,000

3. FL Picayune Strand March 9, 2016 Estimated Federal: $308,983,000 Estimated Non-Federal: $308,983,000 Total: $617,967,000

4. KY Ohio River Shoreline March 11, 2016 Estimated Federal: $20,309,900 Estimated Non-Federal: $10,936,100 Total: $31,246,000

5. TX Houston Ship Channel May 13, 2016 Estimated Federal: $381,032,000 Estimated Non-Federal: $127,178,000 Total: $508,210,000

6. AZ Rio de Flag, Flagstaff June 22, 2016 Estimated Federal: $65,514,650 Estimated Non-Federal: $35,322,350 Total: $100,837,000

7. MO Swope Park Industrial Area, April 21, 2016 Estimated Federal: $20,205,250 Blue River Estimated Non-Federal: $10,879,750 Total: $31,085,000

SEC. 6003. AUTHORIZATION OF STUDY AND MODI- ‘‘(e) CONSIDERATION OF NATIONAL SECURITY study to determine the feasibility of modi- FICATION PROPOSALS SUBMITTED INTERESTS.—In carrying out a study of the fying the project for navigation, Ouachita- TO CONGRESS BY THE SECRETARY. feasibility of an Arctic deep draft port, the Black Rivers, authorized by section 101 of (a) ARCTIC DEEP DRAFT PORT DEVELOPMENT Secretary— the River and Harbor Act of 1960 (Public Law PARTNERSHIPS.—Section 2105 of the Water ‘‘(1) shall consult with the Secretary of 86–645; 74 Stat. 481) to include bank stabiliza- Resources Reform and Development Act of Homeland Security and the Secretary of De- tion and water supply as project purposes. 2014 (33 U.S.C. 2243) is amended— fense to identify national security benefits (c) CACHE CREEK BASIN, CALIFORNIA.— (1) by striking ‘‘(25 U.S.C. 450b))’’ each associated with an Arctic deep draft port; (1) IN GENERAL.—The Secretary shall pre- place it appears and inserting ‘‘(25 U.S.C. and pare a general reevaluation report on the 5304)) and a Native village, Regional Cor- ‘‘(2) if appropriate, as determined by the project for flood control, Cache Creek Basin, poration, or Village Corporation (as those Secretary, may determine a port described California, authorized by section 401(a) of the terms are defined in section 3 of the Alaska in paragraph (1) is feasible based on the bene- Water Resources Development Act of 1986 Native Claims Settlement Act (43 U.S.C. fits described in that paragraph.’’. (Public Law 99–662; 100 Stat. 4112). 1602)’’; and (b) OUACHITA-BLACK RIVERS, ARKANSAS AND (2) REQUIREMENTS.—In preparing the report (2) by adding at the end the following: LOUISIANA.—The Secretary shall conduct a under paragraph (1), the Secretary shall

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5768 CONGRESSIONAL RECORD — SENATE September 15, 2016 identify specific needed modifications to ex- fying the project for navigation, Savannah 121 Stat. 1238) is modified to authorize the isting project authorities— River below Augusta, Georgia, authorized by Secretary to undertake the additional flood (A) to increase basin capacity; the first section of the Act of July 3, 1930 (46 risk reduction and ecosystem restoration (B) to decrease the long-term maintenance; Stat. 924, chapter 847), to include aquatic components described in paragraph (1), at a and ecosystem restoration, water supply, recre- total cost of $30,000,000, if the Secretary de- (C) to provide opportunities for ecosystem ation, sediment management, and flood con- termines that the additional flood risk re- benefits for the Sacramento River flood con- trol as project purposes. duction, ecosystem restoration, and recre- trol project. (n) DUBUQUE, IOWA.—The Secretary shall ation components, considered together, are (d) COYOTE VALLEY DAM, CALIFORNIA.—The conduct a study to determine the feasibility feasible. Secretary shall conduct a study to determine of modifying the project for flood protection, (u) TULSA AND WEST TULSA, ARKANSAS the feasibility of carrying out a project for Dubuque, Iowa, authorized by section 208 of RIVER, OKLAHOMA.— flood damage reduction, environmental res- the Flood Control Act of 1965 (Public Law 89– (1) IN GENERAL.—The Secretary shall con- toration, and water supply by modifying the 298; 79 Stat. 1086), to increase the level of duct a study to determine the feasibility of Coyote Valley Dam, California. flood protection and reduce flood damages. modifying the projects for flood risk man- (e) DEL ROSA DRAINAGE AREA, CALI- (o) MISSISSIPPI RIVER SHIP CHANNEL, GULF agement, Tulsa and West Tulsa, Oklahoma, FORNIA.—The Secretary shall conduct a TO BATON ROUGE, LOUISIANA.—The Secretary authorized by section 3 of the Act of August study to determine the feasibility of car- shall conduct a study to determine the feasi- 18, 1941 (55 Stat. 645; chapter 377). rying out projects for flood control and eco- bility of modifying the project for naviga- (2) REQUIREMENTS.— system restoration in the cities of San tion, Mississippi River Ship Channel, Gulf to (A) IN GENERAL.—In carrying out the study Bernardino and Highland, San Bernardino Baton Rouge, Louisiana, authorized by sec- under paragraph (1), the Secretary shall ad- County, California. tion 201(a) of the Harbor Development and dress project deficiencies, uncertainties, and (f) MERCED COUNTY, CALIFORNIA.—The Sec- Navigation Improvement Act of 1986 (Public significant data gaps, including material, retary shall prepare a general reevaluation Law 99–662; 100 Stat. 4090), to deepen the construction, and subsurface, which render report on the project for flood control, channel approaches and the associated area the project at risk of overtopping, breaching, Merced County streams project, California, on the left descending bank of the Mis- or system failure. authorized by section 10 of the Act of Decem- sissippi River between mile 98.3 and mile (B) ADDRESSING DEFICIENCIES.—In address- ber 22, 1944 (58 Stat. 900; chapter 665), to in- 100.6 Above Head of Passes (AHP) to a depth ing deficiencies under subparagraph (A), the vestigate the flood risk management oppor- equal to the Channel. Secretary shall incorporate current design tunities and improve levee performance (p) ST. TAMMANY PARISH GOVERNMENT COM- standards and efficiency improvements, in- along Black Rascal Creek and Bear Creek. PREHENSIVE COASTAL MASTER PLAN, LOU- cluding the replacement of mechanical and (g) MISSION-ZANJA DRAINAGE AREA, CALI- ISIANA.—The Secretary shall conduct a study electrical components at pumping stations, FORNIA.—The Secretary shall conduct a to determine the feasibility of carrying out if the incorporation does not significantly study to determine the feasibility of car- projects described in the St. Tammany Par- change the scope, function, or purpose of the rying out projects for flood control and eco- ish Comprehensive Coastal Master Plan for project. system restoration in the cities of Redlands, flood control, shoreline protection, and eco- (3) PRIORITIZATION TO ADDRESS SIGNIFICANT Loma Linda, and San Bernardino, California, system restoration in St. Tammany Parish, RISKS.—In any case in which a levee or levee and unincorporated counties of San Louisiana. system (as defined in section 9002 of the Bernardino County, California. (q) CAYUGA INLET, ITHACA, NEW YORK.—The Water Resources Reform and Development (h) SANTA ANA RIVER BASIN, CALIFORNIA.— Secretary shall conduct a study to determine Act of 2007 (33 U.S.C. 3301)) is classified as a The Secretary shall conduct a study to de- the feasibility of modifying the project for Class I or II under the levee safety action termine the feasibility of modifying the flood protection, Great Lakes Basin, author- classification tool developed by the Corps of project for flood damage reduction by modi- ized by section 203 of the Flood Control Act Engineers, the Secretary shall expedite the fying the San Jacinto and Bautista Creek of 1960 (Public Law 86–645; 74 Stat. 488) to in- project for budget consideration. Improvement Project, part of the Santa Ana clude sediment management as a project (v) JOHNSTOWN, PENNSYLVANIA.—The Sec- River Basin Project in Riverside County, purpose on the Cayuga Inlet, Ithaca, New retary shall conduct a study to determine California. York. the feasibility of modifying the project for (i) DELAWARE BAY COASTLINE, DELAWARE (r) CHAUTAUQUA COUNTY, NEW YORK.— flood control, Johnstown, Pennsylvania, au- AND NEW JERSEY-ROOSEVELT INLET-LEWES (1) IN GENERAL.—The Secretary shall con- thorized by the Act of June 22, 1936 (49 Stat. BEACH, DELAWARE.—The Secretary shall con- duct a study to determine the feasibility of 1570, chapter 688; 50 Stat. 880) (commonly duct a study to determine the feasibility of carrying out projects for flood risk manage- known as the ‘‘Flood Control Act of 1936’’), modifying the project for shoreline protec- ment, navigation, environmental dredging, to include aquatic ecosystem restoration, tion and ecosystem restoration, Delaware and ecosystem restoration on the recreation, sediment management, and in- Bay Coastline, Delaware and New Jersey- Cattaraugus, Silver Creek, and Chautauqua crease the level of flood control. Roosevelt Inlet-Lewes Beach, Delaware, au- Lake tributaries in Chautauqua County, New (w) CHACON CREEK, TEXAS.—Notwith- thorized by section 101(a)(13) of the Water York. standing any other provision of law (includ- Resources Development Act of 1999 (Public (2) EVALUATION OF POTENTIAL SOLUTIONS.— ing any resolution of a Committee of Con- Law 106–53; 113 Stat. 276), to extend the au- In conducting the study under paragraph (1), gress), the study conducted by the Secretary thorized project limit from the current east- the Secretary shall evaluate potential solu- described in the resolution adopted by the ward terminus to a distance of 8,000 feet east tions to flooding from all sources, including Committee on Transportation and Infra- of the Roosevelt Inlet east jetty. flooding that results from ice jams. structure of the House of Representatives on (j) MISPILLION INLET, CONCH BAR, DELA- (s) DELAWARE RIVER BASIN, NEW YORK, NEW May 21, 2003, relating to flood damage reduc- WARE.—The Secretary shall conduct a study JERSEY, PENNSYLVANIA, DELAWARE.—The tion, environmental restoration and protec- to determine the feasibility of carrying out a Secretary shall conduct a study to determine tion, water conservation and supply, water project for navigation and shoreline protec- the feasibility of modifying the operations of quality, and related purposes in the Rio tion at Mispillion Inlet and Conch Bar, Sus- the projects for flood control, Delaware Grande Watershed below Falcon Dam, shall sex County, Delaware. River Basin, New York, New Jersey, Penn- include the area above Falcon Dam. (k) DAYTONA BEACH FLOOD PROTECTION, sylvania, and Delaware, authorized by sec- (x) CORPUS CHRISTI SHIP CHANNEL, TEXAS.— FLORIDA.—The Secretary shall conduct a tion 10 of the Flood Control Act of 1946 (60 The Secretary shall conduct a study to de- study to determine the feasibility of car- Stat. 644, chapter 596), and section 203 of the termine the feasibility of modifying the rying out projects for flood control in the Flood Control Act of 1962 (Public Law 87–874; project for navigation and ecosystem res- city of Daytona Beach, Florida. 76 Stat. 1182), to enhance opportunities for toration, Corpus Christi Ship Channel, (l) BRUNSWICK HARBOR, GEORGIA.—The Sec- ecosystem restoration and water supply. Texas, authorized by section 1001(40) of the retary shall conduct a study to determine (t) CINCINNATI, OHIO.— Water Resources Development Act of 2007 the feasibility of modifying the project for (1) REVIEW.—The Secretary shall review (Public Law 110–114; 121 Stat. 1056), to de- navigation, Brunswick Harbor, Georgia, au- the Central Riverfront Park Master Plan, velop and evaluate alternatives that address thorized by section 101(a)(19) of the Water dated December 1999, and the Ohio River- navigation problems directly affecting the Resources and Development Act of 1999 (Pub- front Study, Cincinnati, Ohio, dated August Corpus Christi Ship Channel, La Quinta lic Law 106–53; 113 Stat. 277)— 2002, to determine the feasibility of carrying Channel, and La Quinta Channel Extension, (1) to widen the existing bend in the Fed- out flood risk reduction, ecosystem restora- including deepening the La Quinta Channel, eral navigation channel at the intersection tion, and recreation components beyond the 2 turning basins, and the wye at La Quinta of Cedar Hammock and Brunswick Point Cut ecosystem restoration and recreation compo- Junction. Ranges; and nents that were undertaken pursuant to sec- (y) TRINITY RIVER AND TRIBUTARIES, (2) to extend the northwest side of the ex- tion 5116 of the Water Resources Develop- TEXAS.— isting South Brunswick River Turning ment Act of 2007 (Public Law 110–114; 121 (1) REVIEW.—Not later than 180 days after Basin. Stat. 1238) as a second phase of that project. the date of enactment of this Act, the Sec- (m) SAVANNAH RIVER BELOW AUGUSTA, (2) AUTHORIZATION.—The project authorized retary shall review the economic analysis of GEORGIA.—The Secretary shall conduct a under section 5116 of the Water Resources the Center for Economic Development and study to determine the feasibility of modi- Development Act of 2007 (Public Law 110–114; Research of the University of North Texas

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5769 entitled ‘‘Estimated Economic Benefits of Comptroller General shall submit to the (iii) increase economic activity and devel- the Modified Central City Project (Trinity Committee on Environment and Public opment in the Great Lakes region by advanc- River Vision) in Fort Worth, Texas’’ and Works of the Senate and the Committee on ing the multimodal transportation and eco- dated November 2014. Transportation and Infrastructure of the nomic network in the region; (2) AUTHORIZATION.—The project for flood House of Representatives a study of the (iv) ensure the competitiveness of the Sea- control and other purposes on the Trinity methodologies and performance metrics used way as a transportation corridor in an in- River and tributaries, Texas, authorized by by the Corps of Engineers to calculate ben- creasingly integrated global transportation the River and Harbor Act of 1965 (Public Law efit-to-cost ratios and evaluate construction network; and 89–298; 79 Stat. 1091), as modified by section projects. (v) attract tourists to the Great Lakes re- 116 the Energy and Water Development Ap- (b) CONSIDERATIONS.—The study under sub- gion by improving attractions and removing propriations Act, 2005 (Public Law 108–447; section (a) shall address— barriers to tourism and travel throughout 118 Stat. 2944), is further modified to author- (1) whether and to what extent the current the Seaway; and ize the Secretary to carry out projects de- methodologies and performance metrics (D) evaluate the existing and potential fi- scribed in the recommended plan of the eco- place small and rural geographic areas at a nancing authorities of the Seaway as com- nomic analysis described in paragraph (1), if competitive disadvantage; pared to other Federal agencies and instru- the Secretary determines, based on the re- (2) whether the value of property for which mentalities with development responsibil- view referred to in paragraph (1), that— damage would be prevented as a result of a ities. (A) the economic analysis and the process flood risk management project is the best (3) DEADLINE.—The Comptroller General by which the economic analysis was devel- measurement for the primary input in ben- shall complete the study under paragraph (1) oped complies with Federal law (including efit-to-cost calculations for flood risk man- as soon as practicable and not later than 2 regulations) applicable to economic analyses agement projects; years after the date of enactment of this for water resources development projects; (3) any recommendations for approaches to Act. and modify the metrics used to improve benefit- (4) COORDINATION.—The Comptroller Gen- (B) based on the economic analysis, the to-cost ratio results for small and rural geo- eral shall conduct the study under paragraph recommended plan in the supplement to the graphic areas; and (1) with input from representatives of the final environmental impact statement for (4) whether a reevaluation of existing ap- Saint Lawrence Seaway Development Cor- the Central City Project, Upper Trinity proaches and the primary criteria used to poration, the Economic Development Admin- River entitled ‘‘Final Supplemental No. 1’’ is calculate the economic benefits of a Corps of istration, the Coast Guard, the Corps of En- economically justified. Engineers construction project could provide gineers, the Department of Homeland Secu- (3) LIMITATION.—The Federal share of the greater construction project completion re- rity, and State and local entities (including cost of the recommended plan described in sults for small and rural geographic areas port authorities throughout the Seaway). paragraph (2) shall not exceed $520,000,000, of without putting a strain on the budget of the (5) REPORT.—The Comptroller General which not more than $5,500,000 may be ex- Corps of Engineers. shall submit to Congress a report on the re- pended to carry out recreation features of SEC. 6007. INVENTORY ASSESSMENT. sults of the study under paragraph (1) not the project. later than the earlier of— (z) CHINCOTEAGUE ISLAND, VIRGINIA.—The Not later than 1 year after the date of en- (A) the date that is 180 days after the date Secretary shall conduct a study to determine actment of this Act, the Secretary shall the feasibility of carrying out projects for complete the assessment and inventory re- on which the study is completed; or ecosystem restoration and flood control, quired under section 6002(a) of the Water Re- (B) the date that is 30 months after the Chincoteague Island, Virginia, authorized by sources Reform and Development Act of 2014 date of enactment of this Act. section 8 of Public Law 89–195 (16 U.S.C. 459f– (Public Law 113–121; 128 Stat. 1349). SEC. 6009. YAZOO BASIN, MISSISSIPPI. 7) (commonly known as the ‘‘Assateague Is- SEC. 6008. SAINT LAWRENCE SEAWAY MOD- The authority of the Secretary to carry land National Seashore Act’’) for— ERNIZATION. out the project for flood damage reduction, (1) assessing the current and future func- (a) DEFINITIONS.—In this section: bank stabilization, and sediment and erosion tion of the barrier island, inlet, and coastal (1) GREAT LAKES REGION.—The term ‘‘Great control known as the ‘‘Yazoo Basin, Mis- bay system surrounding Chincoteague Is- Lakes region’’ means the region comprised of sissippi, Mississippi Delta Headwater land; the Great Lakes States. Project, MS’’, authorized by title I of Public (2) developing an array of options for re- (2) GREAT LAKES STATES.—The term ‘‘Great Law 98–8 (97 Stat. 22), as amended, shall not source management; and Lakes States’’ means each of the States of be limited to watersheds referenced in re- (3) evaluating the feasibility and cost asso- Illinois, Indiana, Michigan, Minnesota, Ohio, ports accompanying appropriations bills for ciated with sustainable protection and res- Pennsylvania, New York, and Wisconsin. previous fiscal years. toration areas. (3) SEAWAY.—The term ‘‘Seaway’’ means TITLE VII—SAFE DRINKING WATER AND (aa) BURLEY CREEK WATERSHED, WASH- the Saint Lawrence Seaway. CLEAN WATER INFRASTRUCTURE INGTON.—The Secretary shall conduct a (b) STUDY.— SEC. 7001. DEFINITION OF ADMINISTRATOR. study to determine the feasibility of car- (1) IN GENERAL.—The Comptroller General, In this title, the term ‘‘Administrator’’ rying out projects for flood control and in cooperation with appropriate Federal, means the Administrator of the Environ- aquatic ecosystem restoration in the Burley State, and local authorities, shall conduct a mental Protection Agency. Creek Watershed, Washington. study to— SEC. 7002. SENSE OF THE SENATE ON APPRO- SEC. 6004. EXPEDITED COMPLETION OF RE- (A) assess the condition of the Seaway; and PRIATIONS LEVELS AND FINDINGS PORTS. (B) evaluate options available in the 21st ON ECONOMIC IMPACTS. The Secretary shall expedite completion of century for modernizing the Seaway as a (a) SENSE OF THE SENATE.—It is the sense the reports for the following projects, in ac- globally significant transportation corridor. of the Senate that Congress should provide cordance with section 2045 of the Water Re- (2) SCOPE OF STUDY.—In conducting the robust funding for the State drinking water sources Development Act of 2007 (33 U.S.C. study under paragraph (1), the Comptroller treatment revolving loan funds established 2348), and, if the Secretary determines that a General shall— project is justified in the completed report, under section 1452 of the Safe Drinking (A) assess the condition of the Seaway and proceed directly to project preconstruction, Water Act (42 U.S.C. 300j–12) and the State the capacity of the Seaway to drive com- engineering, and design in accordance with water pollution control revolving funds es- section 910 of the Water Resources Develop- merce and other economic activity in the tablished under title VI of the Federal Water ment Act of 1986 (33 U.S.C. 2287): Great Lakes region; Pollution Control Act (33 U.S.C. 1381 et seq.). (1) The project for navigation, St. George (B) detail the importance of the Seaway to (b) FINDINGS.—Congress finds, based on an Harbor, Alaska. the functioning of the United States econ- analysis sponsored by the Water Environ- (2) The project for flood risk management, omy, with an emphasis on the domestic man- ment Federation and the WateReuse Asso- Rahway River Basin, New Jersey. ufacturing sector, including the domestic ciation of the nationwide impact of State re- (3) The Hudson-Raritan Estuary Com- steel manufacturing industry; volving loan fund spending using the prehensive Restoration Project. (C) evaluate options— IMPLAN economic model developed by the (4) The project for navigation, Mobile Har- (i) to modernize physical navigation infra- Federal Government, that, in addition to the bor, Alabama. structure, facilities, and related assets not public health and environmental benefits, operated or maintained by the Secretary the Federal investment in safe drinking SEC. 6005. EXTENSION OF EXPEDITED CONSIDER- ATION IN SENATE. along the corridor of the Seaway, including water and clean water provides the following Section 7004(b)(4) of the Water Resources an assessment of alternative means for the benefits: Reform and Development Act of 2014 (Public Great Lakes region to finance large-scale (1) Generation of significant Federal tax Law 113–121; 128 Stat. 1374) is amended by initiatives; revenue, as evidenced by the following: striking ‘‘2018’’ and inserting ‘‘2020’’. (ii) to increase exports of domestically pro- (A) Every dollar of a Federal capitalization SEC. 6006. GAO STUDY ON CORPS OF ENGINEERS duced goods and study the trade balance and grant returns $0.21 to the general fund of the METHODOLOGY AND PERFORMANCE regional economic impact of the possible in- Treasury in the form of Federal taxes and, METRICS. crease in imports of agricultural products, when additional spending from the State re- (a) IN GENERAL.—Not later than 2 years steel, aggregates, and other goods commonly volving loan funds is considered to be the re- after the date of enactment of this Act, the transported through the Seaway; sult of leveraging the Federal investment,

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5770 CONGRESSIONAL RECORD — SENATE September 15, 2016 every dollar of a Federal capitalization grant community water system if the application SEC. 7106. ASSISTANCE FOR SMALL AND DIS- returns $0.93 in Federal tax revenue. includes such information as the State deter- ADVANTAGED COMMUNITIES. (B) A combined $34,700,000,000 in capitaliza- mines to be necessary and contains— (a) IN GENERAL.—Part E of the Safe Drink- tion grants for the clean water and state ‘‘(i) a description of utility management ing Water Act (42 U.S.C. 300j et seq.) is drinking water state revolving loan funds de- best practices undertaken by a treatment amended by adding at the end the following: scribed in subsection (a) over a period of 5 works applying for assistance, including— ‘‘SEC. 1459A. ASSISTANCE FOR SMALL AND DIS- years would generate $7,430,000,000 in Federal ‘‘(I) an inventory of assets, including any ADVANTAGED COMMUNITIES. tax revenue and, when additional spending lead service lines, and a description of the ‘‘(a) DEFINITION OF UNDERSERVED COMMU- from the State revolving loan funds is con- condition of the assets; NITY.—In this section: sidered to be the result of leveraging the ‘‘(II) a schedule for replacement of assets; ‘‘(1) IN GENERAL.—The term ‘underserved Federal investment, the Federal investment ‘‘(III) a financing plan that factors in all community’ means a local political subdivi- will result in $32,300,000,000 in Federal tax lifecycle costs indicating sources of revenue sion that, as determined by the Adminis- revenue during that 5-year period. from ratepayers, grants, bonds, other loans, trator, has an inadequate drinking water or wastewater system. (2) An increase in employment, as evi- and other sources to meet the costs; and ‘‘(2) INCLUSIONS.—The term ‘underserved denced by the following: ‘‘(IV) a review of options for restructuring community’ includes a local political sub- (A) Every $1,000,000 in State revolving loan the public water system; division that either, as determined by the fund spending generates 161⁄2 jobs. ‘‘(ii) demonstration of consistency with Administrator— (B) $34,700,000,000 in Federal capitalization State, regional, and municipal watershed ‘‘(A) does not have household drinking grants for State revolving loan funds over a plans; water or wastewater services; or period of 5 years would result in 506,000 jobs. ‘‘(iii) a water conservation plan consistent ‘‘(B) has a drinking water system that fails (3) An increase in economic output: with guidelines developed for those plans by to meet health-based standards under this (A) Every $1,000,000 in State revolving loan the Administrator under section 1455(a); and ‘‘(iv) approaches to improve the sustain- Act, including— fund spending results in $2,950,000 in output ‘‘(i) a maximum contaminant level for a for the economy of the United States. ability of the system, including— ‘‘(I) water efficiency or conservation, in- primary drinking water contaminant; (B) $34,700,000,000 in Federal capitalization ‘‘(ii) a treatment technique violation; and grants for State revolving loan funds over a cluding the rehabilitation or replacement of existing leaking pipes; ‘‘(iii) an action level exceedance. period of 5 years will generate $102,700,000,000 ‘‘(b) ESTABLISHMENT.— in total economic output. ‘‘(II) use of reclaimed water; ‘‘(III) actions to increase energy efficiency; ‘‘(1) IN GENERAL.—The Administrator shall Subtitle A—Drinking Water and establish a program under which grants are provided to eligible entities for use in car- SEC. 7101. PRECONSTRUCTION WORK. ‘‘(IV) implementation of plans to protect rying out projects and activities the primary Section 1452(a)(2) of the Safe Drinking source water identified in a source water as- purposes of which are to assist public water Water Act (42 U.S.C. 300j–12(a)(2)) is amend- sessment under section 1453.’’; and systems in meeting the requirements of this ed— (3) in subparagraph (D) (as redesignated by Act. (1) by designating the first, second, third, paragraph (1)), by striking ‘‘periodically’’ ‘‘(2) INCLUSIONS.—Projects and activities fourth, and fifth sentences as subparagraphs and inserting ‘‘at least biennially’’. (A), (B), (D), (E), and (F), respectively; under paragraph (1) include— SEC. 7103. ADMINISTRATION OF STATE LOAN ‘‘(A) infrastructure investments necessary (2) in subparagraph (B) (as designated by FUNDS. paragraph (1)) by striking ‘‘(not’’ and insert- Section 1452(g)(2) of the Safe Drinking to comply with the requirements of this Act, ing ‘‘(including expenditures for planning, Water Act (42 U.S.C. 300j–12(g)(2)) is amend- ‘‘(B) assistance that directly and primarily design, and associated preconstruction ac- ed— benefits the disadvantaged community on a tivities, including activities relating to the (1) in the first sentence, by striking ‘‘up to per-household basis, and siting of the facility, but not’’; and 4 percent of the funds allotted to the State ‘‘(C) programs to provide household water (3) by inserting after subparagraph (B) (as under this section’’ and inserting ‘‘, for each quality testing, including testing for unregu- designated by paragraph (1)) the following: fiscal year, an amount that does not exceed lated contaminants. ‘‘(c) ELIGIBLE ENTITIES.—An entity eligible ‘‘(C) SALE OF BONDS.—Funds may also be the sum of the amount of any fees collected to receive a grant under this section— used by a public water system as a source of by the State for use in covering reasonable ‘‘(1) is— revenue (restricted solely to interest earn- costs of administration of programs under ‘‘(A) a public water system as defined in ings of the applicable State loan fund) or se- this section, regardless of the source, and an curity for payment of the principal and in- section 1401; amount equal to the greatest of $400,000, 1⁄5 ‘‘(B) a system that is located in an area terest on revenue or general obligation bonds percent of the current valuation of the fund, governed by an Indian Tribe (as defined in issued by the State to provide matching or 4 percent of all grant awards to the fund section 1401); or funds under subsection (e), if the proceeds of under this section for the fiscal year,’’; and ‘‘(C) a State, on behalf of an underserved the sale of the bonds will be deposited in the (2) by striking ‘‘1419,’’ and all that follows community; and State loan fund.’’. through ‘‘1993.’’ and inserting ‘‘1419.’’. SEC. 7102. PRIORITY SYSTEM REQUIREMENTS. ‘‘(2) serves a community that, under af- SEC. 7104. OTHER AUTHORIZED ACTIVITIES. fordability criteria established by the State Section 1452(b)(3) of the Safe Drinking Section 1452(k) of the Safe Drinking Water under section 1452(d)(3), is determined by the Water Act (42 U.S.C. 300j–12(b)(3)) is amend- Act (42 U.S.C. 300j–12(k)) is amended— State— ed— (1) in paragraph (1)(D), by inserting before ‘‘(A) to be a disadvantaged community; (1) by redesignating subparagraph (B) as the period at the end the following: ‘‘and the ‘‘(B) to be a community that may become subparagraph (D); implementation of plans to protect source a disadvantaged community as a result of (2) by striking subparagraph (A) and in- water identified in a source water assess- carrying out an eligible activity; or serting the following: ment under section 1453’’; and ‘‘(C) to serve a community with a popu- ‘‘(A) DEFINITION OF RESTRUCTURING.—In (2) in paragraph (2)(E), by inserting after lation of less than 10,000 individuals that the this paragraph, the term ‘restructuring’ ‘‘wellhead protection programs’’ the fol- Administrator determines does not have the means changes in operations (including own- lowing: ‘‘and implement plans to protect capacity to incur debt sufficient to finance ership, cooperative partnerships, asset man- source water identified in a source water as- the project under subsection (b). agement, consolidation, and alternative sessment under section 1453’’. ‘‘(d) PRIORITY.—In prioritizing projects for water supply). SEC. 7105. NEGOTIATION OF CONTRACTS. ‘‘(B) PRIORITY SYSTEM.—An intended use implementation under this section, the Ad- Section 1452 of the Safe Drinking Water ministrator shall give priority to systems plan shall provide, to the maximum extent Act (42 U.S.C. 300j–12) is amended by adding practicable, that priority for the use of funds that serve underserved communities. at the end the following: ‘‘(e) LOCAL PARTICIPATION.—In prioritizing be given to projects that— ‘‘(s) NEGOTIATION OF CONTRACTS.—For com- projects for implementation under this sec- ‘‘(i) address the most serious risk to munities with populations of more than tion, the Administrator shall consult with, human health; 10,000 individuals, a contract to be carried and consider the priorities of, affected ‘‘(ii) are necessary to ensure compliance out using funds directly made available by a States, Indian Tribes, and local govern- with this title (including requirements for capitalization grant under this section for ments. filtration); program management, construction manage- ‘‘(f) TECHNICAL, MANAGERIAL, AND FINAN- ‘‘(iii) assist systems most in need on a per- ment, feasibility studies, preliminary engi- CIAL CAPABILITY.—The Administrator may household basis according to State afford- neering, design, engineering, surveying, provide assistance to increase the technical, ability criteria; and mapping, or architectural or related services managerial, and financial capability of an el- ‘‘(iv) improve the sustainability of sys- shall be negotiated in the same manner as— igible entity receiving a grant under this tems. ‘‘(1) a contract for architectural and engi- section if the Administrator determines that ‘‘(C) WEIGHT GIVEN TO APPLICATIONS.—After neering services is negotiated under chapter the eligible entity lacks appropriate tech- determining project priorities under sub- 11 of title 40, United States Code; or nical, managerial, and financial capability. paragraph (B), an intended use plan shall ‘‘(2) an equivalent State qualifications- ‘‘(g) COST SHARING.—Before carrying out provide that the State shall give greater based requirement (as determined by the any project under this section, the Adminis- weight to an application for assistance by a Governor of the State).’’. trator shall enter into a binding agreement

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5771 with 1 or more non-Federal interests that municipal agency with jurisdiction over the ‘‘(ii) the amount of low-income assistance shall require the non-Federal interests— area to which assistance is provided. available to the homeowner under paragraph ‘‘(1) to pay not less than 45 percent of the ‘‘(4) MUNICIPALITY.—The term ‘munici- (5); total costs of the project, which may include pality’ means— ‘‘(D) notify each customer that a planned services, materials, supplies, or other in- ‘‘(A) a city, town, borough, county, parish, replacement of any publicly owned portion kind contributions; district, association, or other public entity of a lead service line that is funded by a ‘‘(2) to provide any land, easements, rights- established by, or pursuant to, applicable grant made under this subsection will not be of-way, and relocations necessary to carry State law; and carried out unless the customer agrees to the out the project; and ‘‘(B) an Indian tribe (as defined in section simultaneous replacement of the privately ‘‘(3) to pay 100 percent of any operation, 4 of the Indian Self-Determination and Edu- owned portion of the lead service line; and maintenance, repair, replacement, and reha- cation Assistance Act (25 U.S.C. 5304)). ‘‘(E) demonstrate that the eligible entity bilitation costs associated with the project. ‘‘(b) GRANT PROGRAM.— has considered options for reducing lead in ‘‘(h) WAIVER.—The Administrator may ‘‘(1) ESTABLISHMENT.—The Administrator drinking water, including an evaluation of waive the requirement to pay the non-Fed- shall establish a grant program to provide options for corrosion control. eral share of the cost of carrying out an eli- assistance to eligible entities for lead reduc- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— gible activity using funds from a grant pro- tion projects in the United States. There is authorized to be appropriated to vided under this section if the Administrator ‘‘(2) PRECONDITION.—As a condition of re- carry out this section $60,000,000 for each of determines that an eligible entity is unable ceipt of assistance under this section, before fiscal years 2017 through 2021.’’. to pay, or would experience significant fi- receiving the assistance the eligible entity (b) FUNDING.—Out of any funds in the nancial hardship if required to pay, the non- shall take steps to identify— Treasury not otherwise appropriated, the Federal share. ‘‘(A) the source of lead in water for human Secretary of the Treasury shall transfer to ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— consumption; and the Administrator to provide grants to eligi- There are authorized to be appropriated to ‘‘(B) the means by which the proposed lead ble entities under this section under section carry out this section— reduction project would reduce lead levels in 1459B of the Safe Drinking Water Act (as ‘‘(1) $230,000,000 for fiscal year 2017; and the applicable water system. added by subsection (a)), $20,000,000, to re- ‘‘(2) $300,000,000 for each of fiscal years 2018 ‘‘(3) PRIORITY APPLICATION.—In providing main available until expended. through 2021.’’. grants under this subsection, the Adminis- trator shall give priority to an eligible enti- SEC. 7108. REGIONAL LIAISONS FOR MINORITY, (b) FUNDING.—Out of any funds in the TRIBAL, AND LOW-INCOME COMMU- Treasury not otherwise appropriated, the ty that— NITIES. ‘‘(A) the Administrator determines, based Secretary of the Treasury shall transfer to (a) IN GENERAL.—The Administrator shall on affordability criteria established by the the Administrator to provide grants to eligi- appoint not fewer than 1 employee in each State under section 1452(d)(3), to be a dis- ble entities under section 1459A of the Safe regional office of the Environmental Protec- advantaged community; and Drinking Water Act (as added by subsection tion Agency to serve as a liaison to minor- ‘‘(B) proposes to— (a)), $20,000,000, to remain available until ex- ity, tribal, and low-income communities in ‘‘(i) carry out a lead reduction project at a pended. the relevant region. public water system or nontransient non- (b) PUBLIC IDENTIFICATION.—The Adminis- SEC. 7107. REDUCING LEAD IN DRINKING WATER. community water system that has exceeded trator shall identify each regional liaison se- (a) IN GENERAL.—Part E of the Safe Drink- the lead action level established by the Ad- lected under subsection (a) on the website ing Water Act (42 U.S.C. 300j et seq.) (as ministrator at any time during the 3-year amended by section 7106) is amended by add- period preceding the date of submission of of— ing at the end the following: the application of the eligible entity; (1) the relevant regional office of the Envi- ‘‘SEC. 1459B. REDUCING LEAD IN DRINKING ‘‘(ii) address lead levels in water for human ronmental Protection Agency; and WATER. consumption at a school, daycare, or other (2) the Office of Environmental Justice of ‘‘(a) DEFINITIONS.—In this section: facility that primarily serves children or the Environmental Protection Agency. ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible other vulnerable human subpopulation; or SEC. 7109. NOTICE TO PERSONS SERVED. entity’ means— ‘‘(iii) address such priority criteria as the (a) EXCEEDANCE OF LEAD ACTION LEVEL.— ‘‘(A) a community water system; Administrator may establish, consistent Section 1414(c) of the Safe Drinking Water ‘‘(B) a system located in an area governed with the goal of reducing lead levels of con- Act (42 U.S.C. 300g–3(c)) is amended— by an Indian Tribe; cern. (1) in paragraph (1), by adding at the end ‘‘(C) a nontransient noncommunity water ‘‘(4) COST SHARING.— the following: system; ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(D) Notice of any exceedance of a lead ac- ‘‘(D) a qualified nonprofit organization, as (B), the non-Federal share of the total cost tion level or any other prescribed level of determined by the Administrator; and of a project funded by a grant under this sub- lead in a regulation issued under section ‘‘(E) a municipality or State, interstate, or section shall be not less than 20 percent. 1412, including the concentrations of lead intermunicipal agency. ‘‘(B) WAIVER.—The Administrator may re- found in a monitoring activity.’’; ‘‘(2) LEAD REDUCTION PROJECT.— duce or eliminate the non-Federal share (2) in paragraph (2)— ‘‘(A) IN GENERAL.—The term ‘lead reduc- under subparagraph (A) for reasons of afford- (A) in subparagraph (C)— tion project’ means a project or activity the ability, as the Administrator determines to (i) in clause (iii)— primary purpose of which is to reduce the be appropriate. (I) by striking ‘‘Administrator or’’ and in- level of lead in water for human consump- ‘‘(5) LOW-INCOME ASSISTANCE.— serting ‘‘Administrator, the Director of the tion by— ‘‘(A) IN GENERAL.—Subject to subparagraph Centers for Disease Control and Prevention, ‘‘(i) replacement of publicly owned lead (B), an eligible entity may use a grant pro- and, if applicable,’’; and service lines; vided under this subsection to provide assist- (II) by inserting ‘‘and the appropriate ‘‘(ii) testing, planning, or other relevant ance to low-income homeowners to carry out State and county health agencies’’ after activities, as determined by the Adminis- lead reduction projects. ‘‘1413’’; trator, to identify and address conditions ‘‘(B) LIMITATION.—The amount of a grant (B) by redesignating subparagraphs (D) and (including corrosion control) that contribute provided to a low-income homeowner under (E) as subparagraphs (E) and (F), respec- to increased lead levels in water for human this paragraph shall not exceed the cost of tively; and consumption; replacement of the privately owned portion (C) by inserting after subparagraph (C) the ‘‘(iii) assistance to low-income home- of the service line. following: owners to replace privately owned service ‘‘(6) SPECIAL CONSIDERATION FOR LEAD SERV- ‘‘(D) EXCEEDANCE OF LEAD ACTION LEVEL.— lines, pipes, fittings, or fixtures that contain ICE LINE REPLACEMENT.—In carrying out lead Regulations issued under subparagraph (A) lead; and service line replacement using a grant under shall specify notification procedures for an ‘‘(iv) education of consumers regarding this subsection, an eligible entity shall— exceedance of a lead action level or any measures to reduce exposure to lead from ‘‘(A) notify customers of the replacement other prescribed level of lead in a regulation drinking water or other sources. of any publicly owned portion of the lead issued under section 1412.’’; ‘‘(B) LIMITATION.—The term ‘lead reduction service line; (3) by redesignating paragraphs (3) and (4) project’ does not include a partial lead serv- ‘‘(B) in the case of a homeowner who is not as paragraphs (4) and (5), respectively; ice line replacement if, at the conclusion of low-income, offer to replace the privately (4) by inserting after paragraph (2) the fol- the service line replacement, drinking water owned portion of the lead service line at the lowing: is delivered to a household through a pub- cost of replacement; ‘‘(3) NOTIFICATION OF THE PUBLIC RELATING licly or privately owned portion of a lead ‘‘(C) in the case of a low-income home- TO LEAD.— service line. owner, offer to replace the privately owned ‘‘(A) EXCEEDANCE OF LEAD ACTION LEVEL.— ‘‘(3) LOW-INCOME.—The term ‘low-income’, portion of the lead service line and any Not later than 15 days after the date of an with respect to an individual provided assist- pipes, fitting, and fixtures that contain lead exceedance of a lead action level or any ance under this section, has such meaning as at a cost that is equal to the difference be- other prescribed level of lead in a regulation may be given the term by the head of the tween— issued under section 1412, the Administrator municipality or State, interstate, or inter- ‘‘(i) the cost of replacement; and shall notify the public of the concentrations

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5772 CONGRESSIONAL RECORD — SENATE September 15, 2016 of lead found in the monitoring activity con- SEC. 7111. LEAD TESTING IN SCHOOL AND CHILD ‘‘(ii) notify parent, teacher, and employee ducted by the public water system if the pub- CARE DRINKING WATER. organizations of the availability of the re- lic water system or the State does not notify (a) IN GENERAL.—Section 1464 of the Safe sults described in clause (i). the public of the concentrations of lead Drinking Water Act (42 U.S.C. 300j–24) is ‘‘(6) MAINTENANCE OF EFFORT.—If resources found in a monitoring activity. are available to a State or local educational amended by striking subsection (d) and in- ‘‘(B) RESULTS OF LEAD MONITORING.— agency from any other Federal agency, a serting the following: ‘‘(i) IN GENERAL.—The Administrator may State, or a private foundation for testing for provide notice of any result of lead moni- ‘‘(d) VOLUNTARY SCHOOL AND CHILD CARE lead contamination in drinking water, the toring conducted by a public water system LEAD TESTING GRANT PROGRAM.— State or local educational agency shall dem- to— ‘‘(1) DEFINITIONS.—In this subsection: onstrate that the funds provided under this ‘‘(I) any person that is served by the public ‘‘(A) CHILD CARE PROGRAM.—The term subsection will not displace those resources. water system; or ‘child care program’ has the meaning given ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(II) the local or State health department the term ‘early childhood education pro- There is authorized to be appropriated to of a locality or State in which the public gram’ in section 103 of the Higher Education carry out this subsection $20,000,000 for each water system is located. Act of 1965 (20 U.S.C. 1003). of fiscal years 2017 through 2021.’’. ‘‘(ii) FORM OF NOTICE.—The Administrator ‘‘(B) LOCAL EDUCATIONAL AGENCY.—The (b) REPEAL.—Section 1465 of the Safe may provide the notice described in clause term ‘local educational agency’ means— Drinking Water Act (42 U.S.C. 300j–25) is re- (i) by— ‘‘(i) a local educational agency (as defined pealed. ‘‘(I) press release; or in section 8101 of the Elementary and Sec- SEC. 7112. WATERSENSE PROGRAM. ‘‘(II) other form of communication, includ- ondary Education Act of 1965 (20 U.S.C. The Safe Drinking Water Act (42 U.S.C. ing local media. 7801)); 300j et seq.) is amended by adding after Part ‘‘(C) PRIVACY.—Notice to the public shall ‘‘(ii) a tribal education agency (as defined F the following: protect the privacy of individual customer in section 3 of the National Environmental ‘‘PART G—ADDITIONAL PROVISIONS information.’’; and Education Act (20 U.S.C. 5502)); and ‘‘SEC. 1471. WATERSENSE PROGRAM. (5) by adding at the end the following: ‘‘(iii) an operator of a child care program ‘‘(a) ESTABLISHMENT OF WATERSENSE PRO- ‘‘(6) STRATEGIC PLAN.—Not later than 120 facility licensed under State law. GRAM.— days after the date of enactment of this ‘‘(2) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—There is established paragraph, the Administrator, in collabora- ‘‘(A) IN GENERAL.—Not later than 180 days within the Agency a voluntary WaterSense tion with States and owners and operators of after the date of enactment of the Water Re- program to identify and promote water-effi- public water systems, shall establish a stra- sources Development Act of 2016, the Admin- cient products, buildings, landscapes, facili- tegic plan for how the Administrator, a istrator shall establish a voluntary school ties, processes, and services that, through State with primary enforcement responsi- and child care lead testing grant program to voluntary labeling of, or other forms of com- bility, and the owners and operators of pub- make grants available to States to assist munications regarding, products, buildings, lic water systems shall conduct targeted out- local educational agencies in voluntary test- landscapes, facilities, processes, and services reach, education, technical assistance, and ing for lead contamination in drinking water while meeting strict performance criteria, risk communication to populations affected at schools and child care programs under the sensibly— by lead in a public water system.’’. jurisdiction of the local educational agen- ‘‘(A) reduce water use; (b) CONFORMING AMENDMENTS.—Section cies. ‘‘(B) reduce the strain on public and com- 1414(c) of the Safe Drinking Water Act (42 ‘‘(B) GRANTS TO LOCAL EDUCATIONAL AGEN- munity water systems and wastewater and U.S.C. 300g–3(c)) is amended— CIES.—The Administrator may make grants stormwater infrastructure; (1) in paragraph (1)(C), by striking ‘‘para- directly available to local educational agen- ‘‘(C) conserve energy used to pump, heat, graph (2)(E)’’ and inserting ‘‘paragraph cies for the voluntary testing described in transport, and treat water; and (2)(F)’’; subparagraph (A) in— ‘‘(D) preserve water resources for future (2) in paragraph (2)(B)(i)(II), by striking ‘‘(i) any State that does not participate in generations. ‘‘subparagraph (D)’’ and inserting ‘‘subpara- the voluntary school and child care lead ‘‘(2) INCLUSIONS.—The Administrator shall, graph (E)’’; and testing grant program established under that consistent with this section, identify water- (3) in paragraph (4)(B) (as redesignated by subparagraph; and efficient products, buildings, landscapes, fa- subsection (a)(3)), in the first sentence, by ‘‘(ii) any direct implementation area. cilities, processes, and services, including striking ‘‘(D)’’ and inserting ‘‘(E)’’. ‘‘(3) APPLICATION.—To be eligible to receive categories such as— a grant under this subsection, a State or ‘‘(A) irrigation technologies and services; SEC. 7110. ELECTRONIC REPORTING OF DRINK- ING WATER DATA. local educational agency shall submit to the ‘‘(B) point-of-use water treatment devices; Administrator an application at such time, ‘‘(C) plumbing products; Section 1414 of the Safe Drinking Water in such manner, and containing such infor- ‘‘(D) reuse and recycling technologies; Act (42 U.S.C. 300g–3) is amended by adding mation as the Administrator may require. ‘‘(E) landscaping and gardening products, at the end the following: ‘‘(4) LIMITATION ON USE OF FUNDS.—Not including moisture control or water enhanc- ‘‘(j) ELECTRONIC REPORTING OF COMPLIANCE more than 4 percent of grant funds accepted ing technologies; MONITORING DATA.— under this subsection shall be used to pay ‘‘(F) xeriscaping and other landscape con- ‘‘(1) IN GENERAL.—The Administrator shall the administrative costs of carrying out this versions that reduce water use; require electronic submission of available subsection. ‘‘(G) whole house humidifiers; and compliance monitoring data, if practicable— ‘‘(5) GUIDANCE; PUBLIC AVAILABILITY.—As a ‘‘(H) water-efficient buildings or facilities. ‘‘(A) by public water systems (or a certified condition of receiving a grant under this sub- ‘‘(b) DUTIES.—The Administrator, coordi- laboratory on behalf of a public water sys- section, the State or local educational agen- nating as appropriate with the Secretary of tem)— cy shall ensure that each local educational Energy, shall— ‘‘(i) to the Administrator; or agency to which grant funds are distributed ‘‘(1) establish— ‘‘(ii) with respect to a public water system shall— ‘‘(A) a WaterSense label to be used for in a State that has primary enforcement re- ‘‘(A) expend grant funds in accordance items meeting the certification criteria es- sponsibility under section 1413, to that with— tablished in accordance with this section; State; and ‘‘(i) the guidance of the Environmental and ‘‘(B) by each State that has primary en- Protection Agency entitled ‘3Ts for Reducing ‘‘(B) the procedure, including the methods forcement responsibility under section 1413 Lead in Drinking Water in Schools: Revised and means, and criteria by which an item to the Administrator, as a condition on the Technical Guidance’ and dated October 2006 may be certified to display the WaterSense receipt of funds under this Act. (or any successor guidance); or label; ‘‘(2) CONSIDERATIONS.—In determining ‘‘(ii) applicable State regulations or guid- ‘‘(2) enhance public awareness regarding whether the requirement referred to in para- ance regarding reducing lead in drinking the WaterSense label through outreach, edu- graph (1) is practicable, the Administrator water in schools and child care programs cation, and other means; shall consider— that is not less stringent than the guidance ‘‘(3) preserve the integrity of the ‘‘(A) the ability of a public water system referred to in clause (i); and WaterSense label by— (or a certified laboratory on behalf of a pub- ‘‘(B)(i) make available in the administra- ‘‘(A) establishing and maintaining feasible lic water system) or a State to meet the re- tive offices, and to the maximum extent performance criteria so that products, build- quirements of sections 3.1 through 3.2000 of practicable, on the Internet website, of the ings, landscapes, facilities, processes, and title 40, Code of Federal Regulations (or suc- local educational agency for inspection by services labeled with the WaterSense label cessor regulations); the public (including teachers, other school perform as well or better than less water-ef- ‘‘(B) information system compatibility; personnel, and parents) a copy of the results ficient counterparts; ‘‘(C) the size of the public water system; of any voluntary testing for lead contamina- ‘‘(B) overseeing WaterSense certifications and tion in school and child care program drink- made by third parties; ‘‘(D) the size of the community served by ing water that is carried out with grant ‘‘(C) as determined appropriate by the Ad- the public water system.’’. funds under this subsection; and ministrator, using testing protocols, from

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5773 the appropriate, applicable, and relevant (8) approximately 42,000,000 people in the villages, and, for the purpose of carrying out consensus standards, for the purpose of de- United States receive drinking water from paragraph (5), intertribal consortia or tribal termining standards compliance; and individual wells and millions more rely on organizations’’; and ‘‘(D) auditing the use of the WaterSense community well systems for drinking water. (2) by adding at the end the following: label in the marketplace and preventing (b) SENSE OF THE SENATE.—It is the sense ‘‘(5) TRAINING AND OPERATOR CERTIFI- cases of misuse; and of the Senate that providing rural commu- CATION.— ‘‘(4) not more than 6 years after adoption nities with the knowledge and resources nec- ‘‘(A) IN GENERAL.—The Administrator may or major revision of any WaterSense speci- essary to fully use alternative drinking use funds made available under this sub- fication, review and, if appropriate, revise water systems, including wells and commu- section and section 1442(e)(7) to make grants the specification to achieve additional water nity well systems, can provide safe and af- to intertribal consortia or tribal organiza- savings; fordable drinking water to millions of people tions for the purpose of providing operations ‘‘(5) in revising a WaterSense specifica- in the United States. and maintenance training and operator cer- tion— (c) DRINKING WATER TECHNOLOGY CLEAR- tification services to Indian tribes. ‘‘(A) provide reasonable notice to inter- INGHOUSE.—The Administrator and the Sec- ‘‘(B) ELIGIBLE TRIBAL ORGANIZATIONS.—An ested parties and the public of any changes, retary of Agriculture shall— intertribal consortium or tribal organization including effective dates, and an explanation (1) update existing programs of the Envi- eligible for a grant under subparagraph (A) is of the changes; ronmental Protection Agency and the De- an intertribal consortium or tribal organiza- ‘‘(B) solicit comments from interested par- partment of Agriculture designed to provide tion that— ties and the public prior to any changes; drinking water technical assistance to in- ‘‘(i) is the most qualified to provide train- ‘‘(C) as appropriate, respond to comments clude information on cost-effective, innova- ing and technical assistance to Indian tribes; submitted by interested parties and the pub- tive, and alternative drinking water delivery and lic; and systems, including systems that are sup- ‘‘(ii) Indian tribes determine to be the ‘‘(D) provide an appropriate transition ported by wells; and most beneficial and effective.’’. time prior to the applicable effective date of (2) disseminate information on the cost ef- SEC. 7117. REQUIREMENT FOR THE USE OF any changes, taking into account the timing fectiveness of alternative drinking water de- AMERICAN MATERIALS. necessary for the manufacture, marketing, livery systems, including wells and well sys- Section 1452(a) of the Safe Drinking Water training, and distribution of the specific tems, to communities and not-for-profit or- Act (42 U.S.C. 300j–12(a)) is amended by add- water-efficient product, building, landscape, ganizations seeking Federal funding for ing at the end the following: process, or service category being addressed; drinking water systems serving 500 or fewer ‘‘(4) REQUIREMENT FOR THE USE OF AMER- and persons. ICAN MATERIALS.— ‘‘(6) not later than December 31, 2018, con- (d) WATER SYSTEM ASSESSMENT.—Notwith- ‘‘(A) DEFINITION OF IRON AND STEEL PROD- sider for review and revision any WaterSense standing any other provision of law, in any UCTS.—In this paragraph, the term ‘iron and specification adopted before January 1, 2012. application for a grant or loan from the Fed- steel products’ means the following products ‘‘(c) TRANSPARENCY.—The Administrator eral Government or a State that is using made, in part, of iron or steel: shall, to the maximum extent practicable Federal assistance for a drinking water sys- ‘‘(i) Lined or unlined pipe and fittings. and not less than annually, regularly esti- tem serving 500 or fewer persons, a unit of ‘‘(ii) Manhole covers and other municipal mate and make available to the public the local government or not-for-profit organiza- castings. production and relative market shares and tion shall self-certify that the unit of local ‘‘(iii) Hydrants. savings of water, energy, and capital costs of government or organization has considered, ‘‘(iv) Tanks. water, wastewater, and stormwater attrib- as an alternative drinking water supply, ‘‘(v) Flanges. utable to the use of WaterSense-labeled drinking water delivery systems sourced by ‘‘(vi) Pipe clamps and restraints. products, buildings, landscapes, facilities, publicly owned— ‘‘(vii) Valves. processes, and services. (1) individual wells; ‘‘(viii) Structural steel. ‘‘(d) DISTINCTION OF AUTHORITIES.—In set- (2) shared wells; and ‘‘(ix) Reinforced precast concrete. ting or maintaining specifications for En- (3) community wells. ‘‘(x) Construction materials. ergy Star pursuant to section 324A of the En- (e) REPORT TO CONGRESS.—Not later than 3 ‘‘(B) REQUIREMENT.—Except as provided in ergy Policy and Conservation Act (42 U.S.C. years after the date of enactment of this subparagraph (C), funds made available by a 6294a), and WaterSense under this section, Act, the Administrator and the Secretary of State loan fund authorized under this sec- the Secretary of Energy and Administrator Agriculture shall submit to Congress a re- tion may not be used for a project for the shall coordinate to prevent duplicative or port that describes— construction, alteration, maintenance, or re- conflicting requirements among the respec- (1) the use of innovative and alternative pair of a public water system unless all the tive programs. drinking water systems described in this sec- iron and steel products used in the project ‘‘(e) NO WARRANTY.—A WaterSense label tion; are produced in the United States. shall not create an express or implied war- (2) the range of cost savings for commu- ‘‘(C) EXCEPTION.—Subparagraph (B) shall ranty.’’. nities using innovative and alternative not apply in any case or category of cases in SEC. 7113. WATER SUPPLY COST SAVINGS. drinking water systems described in this sec- which the Administrator finds that— (a) FINDINGS.—Congress finds that— tion; and ‘‘(i) applying subparagraph (B) would be in- (1) the United States is facing a drinking (3) the use of drinking water technical as- consistent with the public interest; water infrastructure funding crisis; sistance programs operated by the Adminis- ‘‘(ii) iron and steel products are not pro- (2) the Environmental Protection Agency trator and the Secretary of Agriculture. duced in the United States in sufficient and projects a shortfall of approximately SEC. 7114. SMALL SYSTEM TECHNICAL ASSIST- reasonably available quantities and of a sat- $384,000,000,000 in funding for drinking water ANCE. isfactory quality; or infrastructure from 2015 to 2035 and this Section 1452(q) of the Safe Drinking Water ‘‘(iii) inclusion of iron and steel products funding challenge is particularly acute in Act (42 U.S.C. 300j–12(q)) is amended by strik- produced in the United States will increase rural communities in the United States; ing ‘‘appropriated’’ and all that follows the cost of the overall product by more than (3) there are approximately 52,000 commu- through ‘‘2003’’ and inserting ‘‘made avail- 25 percent. nity water systems in the United States, of able for each of fiscal years 2016 through ‘‘(D) PUBLIC NOTICE; WRITTEN JUSTIFICA- which nearly 42,000 are small community 2021’’. TION.— water systems; SEC. 7115. DEFINITION OF INDIAN TRIBE. ‘‘(i) PUBLIC NOTICE.—If the Administrator (4) the Drinking Water Needs Survey con- Section 1401(14) of the Safe Drinking Water receives a request for a waiver under this ducted by the Environmental Protection Act (42 U.S.C. 300(f)(14)) is amended by strik- paragraph, the Administrator shall— Agency in 2011 placed the shortfall in drink- ing ‘‘section 1452’’ and inserting ‘‘sections ‘‘(I) make available to the public on an in- ing water infrastructure funding for small 1452, 1459A, and 1459B’’. formal basis, including on the public website communities, which consist of 3,300 or fewer SEC. 7116. TECHNICAL ASSISTANCE FOR TRIBAL of the Administrator— persons, at $64,500,000,000; WATER SYSTEMS. ‘‘(aa) a copy of the request; and (5) small communities often cannot finance (a) TECHNICAL ASSISTANCE.—Section ‘‘(bb) any information available to the Ad- the construction and maintenance of drink- 1442(e)(7) of the Safe Drinking Water Act (42 ministrator regarding the request; and ing water systems because the cost per resi- U.S.C. 300j–1(e)(7)) is amended by striking ‘‘(II) provide notice of, and opportunity for dent for the investment would be prohibi- ‘‘Tribes’’ and inserting ‘‘tribes, including informal public comment on, the request for tively expensive; grants to provide training and operator cer- a period of not less than 15 days before mak- (6) drought conditions have placed signifi- tification services under section 1452(i)(5)’’. ing a finding under subparagraph (C). cant strains on existing surface water sup- (b) INDIAN TRIBES.—Section 1452(i) of the ‘‘(ii) WRITTEN JUSTIFICATION.—If, after the plies; Safe Drinking Water Act (42 U.S.C. 300j–12(i)) period provided under clause (i), the Admin- (7) many communities across the United is amended— istrator makes a finding under subparagraph States are considering the use of ground- (1) in paragraph (1), in the first sentence, (C), the Administrator shall publish in the water and community well systems to pro- by striking ‘‘Tribes and Alaska Native vil- Federal Register a written justification as to vide drinking water; and lages’’ and inserting ‘‘tribes, Alaska Native why subparagraph (B) is being waived.

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‘‘(E) APPLICATION.—This paragraph shall be ministrator shall use the amounts made (b) WATER POLLUTION CONTROL REVOLVING applied in a manner consistent with United available to carry out this section to provide LOAN FUNDS.— States obligations under international grants to States under subsection (a)(1) in (1) IN GENERAL.—Section 603 of the Federal agreements. accordance with a formula that— Water Pollution Control Act (33 U.S.C. 1383) ‘‘(F) MANAGEMENT AND OVERSIGHT.—The ‘‘(A) shall be established by the Adminis- is amended— Administrator may use not more than 0.25 trator, after providing notice and an oppor- (A) in subsection (d)— percent of any funds made available to carry tunity for public comment; and (i) in the matter preceding paragraph (1), out this title for management and oversight ‘‘(B) allocates to each State a proportional by inserting ‘‘and as provided in subsection of the requirements of this paragraph.’’. share of the amounts based on the total (e)’’ after ‘‘State law’’; Subtitle B—Clean Water needs of the State for municipal combined (ii) by redesignating subsections (e) sewer overflow controls and sanitary sewer through (i) as subsections (f) through (j), re- SEC. 7201. SEWER OVERFLOW CONTROL GRANTS. overflow controls, as identified in the most spectively; and Section 221 of the Federal Water Pollution recent survey— (iii) by inserting after subsection (d) the Control Act (33 U.S.C. 1301) is amended— ‘‘(i) conducted under section 210; and following: (1) in subsection (a), by striking the sub- ‘‘(ii) included in a report required under ‘‘(e) ADDITIONAL USE OF FUNDS.—A State section designation and heading and all that section 516(b)(1)(B).’’; and may use an additional 2 percent of the funds follows through ‘‘subject to subsection (g), (4) by striking subsection (i). annually allotted to the State under this the Administrator may’’ in paragraph (2) and section for qualified nonprofit small treat- inserting the following: SEC. 7202. SMALL AND MEDIUM TREATMENT WORKS. ment works technical assistance providers ‘‘(a) AUTHORITY.—The Administrator may— (a) IN GENERAL.—Title II of the Federal and qualified nonprofit medium treatment ‘‘(1) make grants to States for the purpose Water Pollution Control Act (33 U.S.C. 1281 works technical assistance providers (as of providing grants to a municipality or mu- et seq.) is amended by adding at the end the those terms are defined in section 222) to nicipal entity for planning, designing, and following: provide technical assistance to small treat- constructing— ‘‘SEC. 222. TECHNICAL ASSISTANCE FOR SMALL ment works and medium treatment works ‘‘(A) treatment works to intercept, trans- AND MEDIUM TREATMENT WORKS. (as those terms are defined in section 222) in port, control, or treat municipal combined ‘‘(a) DEFINITIONS.—In this section: the State.’’. sewer overflows and sanitary sewer over- ‘‘(1) MEDIUM TREATMENT WORKS.—The term (2) CONFORMING AMENDMENT.—Section flows; and ‘medium treatment works’ means a publicly 221(d) of the Federal Water Pollution Control ‘‘(B) measures to manage, reduce, treat, or owned treatment works serving not fewer Act (33 U.S.C. 1301(d)) is amended by striking recapture stormwater or subsurface drainage than 10,001 and not more than 100,000 individ- ‘‘section 603(h)’’ and inserting ‘‘section water; and uals. 603(i)’’. ‘‘(2) subject to subsection (g),’’; ‘‘(2) QUALIFIED NONPROFIT MEDIUM TREAT- SEC. 7203. INTEGRATED PLANS. (2) in subsection (b)— MENT WORKS TECHNICAL ASSISTANCE PRO- (a) INTEGRATED PLANS.—Section 402 of the (A) in paragraph (1), by striking the semi- VIDER.—The term ‘qualified nonprofit me- Federal Water Pollution Control Act (33 colon at the end and inserting ‘‘; or’’; dium treatment works technical assistance U.S.C. 1342) is amended by adding at the end (B) by striking paragraphs (2) and (3); and provider’ means a qualified nonprofit tech- the following: (C) by redesignating paragraph (4) as para- nical assistance provider of water and waste- ‘‘(s) INTEGRATED PLAN PERMITS.— graph (2); water services to medium-sized communities ‘‘(1) DEFINITIONS.—In this subsection: (3) by striking subsections (e) through (g) that provides technical assistance (including ‘‘(A) GREEN INFRASTRUCTURE.—The term and inserting the following: circuit rider technical assistance programs, ‘green infrastructure’ means the range of ‘‘(e) ADMINISTRATIVE REQUIREMENTS.— multi-State, regional assistance programs, measures that use plant or soil systems, per- ‘‘(1) IN GENERAL.—Subject to paragraph (2), and training and preliminary engineering meable pavement or other permeable sur- a project that receives grant assistance evaluations) to owners and operators of me- faces or substrates, stormwater harvest and under subsection (a) shall be carried out sub- dium treatment works, which may include reuse, or landscaping to store, infiltrate, or ject to the same requirements as a project State agencies. evapotranspirate stormwater and reduce that receives assistance from a State water ‘‘(3) QUALIFIED NONPROFIT SMALL TREAT- flows to sewer systems or to surface waters. pollution control revolving fund established MENT WORKS TECHNICAL ASSISTANCE PRO- ‘‘(B) INTEGRATED PLAN.—The term ‘inte- pursuant to title VI. VIDER.—The term ‘qualified nonprofit small grated plan’ has the meaning given in Part ‘‘(2) DETERMINATION OF GOVERNOR.—The re- treatment works technical assistance pro- III of the Integrated Municipal Stormwater quirement described in paragraph (1) shall vider’ means a nonprofit organization that, and Wastewater Planning Approach Frame- not apply to a project that receives grant as- as determined by the Administrator— work, issued by the Environmental Protec- sistance under subsection (a) to the extent ‘‘(A) is the most qualified and experienced tion Agency and dated June 5, 2012. that the Governor of the State in which the in providing training and technical assist- ‘‘(C) MUNICIPAL DISCHARGE.— project is located determines that a require- ance to small treatment works; and ‘‘(i) IN GENERAL.—The term ‘municipal dis- ment described in title VI is inconsistent ‘‘(B) the small treatment works in the charge’ means a discharge from a treatment with the purposes of this section. State finds to be the most beneficial and ef- works (as defined in section 212) or a dis- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— fective. charge from a municipal storm sewer under There are authorized to be appropriated to ‘‘(4) SMALL TREATMENT WORKS.—The term subsection (p). carry out this section, to remain available ‘small treatment works’ means a publicly ‘‘(ii) INCLUSION.—The term ‘municipal dis- until expended— owned treatment works serving not more charge’ includes a discharge of wastewater or ‘‘(1) $250,000,000 for fiscal year 2017; than 10,000 individuals. storm water collected from multiple munici- ‘‘(2) $300,000,000 for fiscal year 2018; ‘‘(b) TECHNICAL ASSISTANCE.—The Adminis- palities if the discharge is covered by the ‘‘(3) $350,000,000 for fiscal year 2019; trator may use amounts made available to same permit issued under this section. ‘‘(4) $400,000,000 for fiscal year 2020; and carry out this section to provide grants or ‘‘(2) INTEGRATED PLAN.— ‘‘(5) $500,000,000 for fiscal year 2021. cooperative agreements to qualified non- ‘‘(A) IN GENERAL.—The Administrator (or a ‘‘(g) ALLOCATION OF FUNDS.— profit small treatment works technical as- State, in the case of a permit program ap- ‘‘(1) FISCAL YEAR 2017 AND 2018.—For each of sistance providers and grants or cooperative proved under subsection (b)) shall inform a fiscal years 2017 and 2018, subject to sub- agreements to qualified nonprofit medium municipal permittee or multiple municipal section (h), the Administrator shall use the treatment works technical assistance pro- permittees of the opportunity to develop an amounts made available to carry out this viders to provide to owners and operators of integrated plan. section to provide grants to municipalities small and medium treatment works onsite ‘‘(B) SCOPE OF PERMIT INCORPORATING INTE- and municipal entities under subsection technical assistance, circuit-rider technical GRATED PLAN.—A permit issued under this (a)(2)— assistance programs, multi-State, regional subsection that incorporates an integrated ‘‘(A) in accordance with the priority cri- technical assistance programs, and onsite plan may integrate all requirements under teria described in subsection (b); and and regional training, to assist the treat- this Act addressed in the integrated plan, in- ‘‘(B) with additional priority given to pro- ment works in achieving compliance with cluding requirements relating to— posed projects that involve the use of— this Act or obtaining financing under this ‘‘(i) a combined sewer overflow; ‘‘(i) nonstructural, low-impact develop- Act for eligible projects. ‘‘(ii) a capacity, management, operation, ment; ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— and maintenance program for sanitary sewer ‘‘(ii) water conservation, efficiency, or There are authorized to be appropriated to collection systems; reuse; or carry out this section— ‘‘(iii) a municipal stormwater discharge; ‘‘(iii) other decentralized stormwater or ‘‘(1) for grants for small treatment works ‘‘(iv) a municipal wastewater discharge; wastewater approaches to minimize flows technical assistance, $15,000,000 for each of and into the sewer systems. fiscal years 2017 through 2021; and ‘‘(v) a water quality-based effluent limita- ‘‘(2) FISCAL YEAR 2019 AND THEREAFTER.— ‘‘(2) for grants for medium treatment tion to implement an applicable wasteload For fiscal year 2019 and each fiscal year works technical assistance, $10,000,000 for allocation in a total maximum daily load. thereafter, subject to subsection (h), the Ad- each of fiscal years 2017 through 2021.’’. ‘‘(3) COMPLIANCE SCHEDULES.—

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‘‘(A) IN GENERAL.—A permit for a munic- (B) about flexibility available under the tection Agency promote the use of green in- ipal discharge by a municipality that incor- Federal Water Pollution Control Act (33 frastructure in and coordinate the integra- porates an integrated plan may include a U.S.C. 1251 et seq.) and, if applicable, the tion of green infrastructure into, permitting schedule of compliance, under which actions Safe Drinking Water Act (42 U.S.C. 300f et programs, planning efforts, research, tech- taken to meet any applicable water quality- seq.); and nical assistance, and funding guidance. based effluent limitation may be imple- (C) regarding the opportunity to develop ‘‘(b) DUTIES.—The Administrator shall en- mented over more than 1 permit term if the an integrated plan, as defined in section sure that the Office of Water— compliance schedules are authorized by 402(s)(1)(B) of the Federal Water Pollution ‘‘(1) promotes the use of green infrastruc- State water quality standards. Control Act (as added by subsection (a)). ture in the programs of the Environmental ‘‘(B) INCLUSION.—Actions subject to a com- (4) PRIORITY.—In carrying out paragraph Protection Agency; and pliance schedule under subparagraph (A) (3), the municipal ombudsman shall give pri- ‘‘(2) coordinates efforts to increase the use may include green infrastructure if imple- ority to any municipality that demonstrates of green infrastructure with— mented as part of a water quality-based ef- affordability concerns relating to compli- ‘‘(A) other Federal departments and agen- fluent limitation. ance with the Federal Water Pollution Con- cies; ‘‘(C) REVIEW.—A schedule of compliance trol Act (33 U.S.C. 1251 et seq.) or the Safe ‘‘(B) State, tribal, and local governments; may be reviewed each time the permit is re- Drinking Water Act (42 U.S.C. 300f et seq.). and newed. (5) INFORMATION SHARING.—The municipal ‘‘(C) the private sector. ‘‘(4) EXISTING AUTHORITIES RETAINED.— ombudsman shall publish on the website of ‘‘(c) REGIONAL GREEN INFRASTRUCTURE ‘‘(A) APPLICABLE STANDARDS.—Nothing in the Environmental Protection Agency— PROMOTION.—The Administrator shall direct this subsection modifies any obligation to (A) general information relating to— each regional office of the Environmental comply with applicable technology and (i) the technical assistance referred to in Protection Agency, as appropriate based on water quality-based effluent limitations paragraph (2)(A); local factors, and consistent with the re- under this Act. (ii) the financial assistance referred to in quirements of this Act, to promote and inte- ‘‘(B) FLEXIBILITY.—Nothing in this sub- paragraph (3)(A); grate the use of green infrastructure within section reduces or eliminates any flexibility (iii) the flexibility referred to in paragraph the region that includes— available under this Act, including the au- 3(B); and ‘‘(1) outreach and training regarding green thority of— (iv) any resources related to integrated infrastructure implementation for State, ‘‘(i) a State to revise a water quality plans developed by the Administrator; and tribal, and local governments, tribal commu- standard after a use attainability analysis (B) a copy of each permit, order, or judicial nities, and the private sector; and under section 131.10(g) of title 40, Code of consent decree that implements or incor- ‘‘(2) the incorporation of green infrastruc- Federal Regulations (as in effect on the date porates an integrated plan. ture into permitting and other regulatory of enactment of this subsection), subject to (c) MUNICIPAL ENFORCEMENT.—Section 309 programs, codes, and ordinance development, the approval of the Administrator under sec- of the Federal Water Pollution Control Act including the requirements under consent tion 303(c); and (33 U.S.C. 1319) is amended by adding at the decrees and settlement agreements in en- ‘‘(ii) the Administrator or a State to au- end the following: forcement actions. ‘‘(d) GREEN INFRASTRUCTURE INFORMATION- thorize a schedule of compliance that ex- ‘‘(h) IMPLEMENTATION OF INTEGRATED SHARING.—The Administrator shall promote tends beyond the date of expiration of a per- PLANS THROUGH ENFORCEMENT TOOLS.— green infrastructure information-sharing, in- mit term if the schedule of compliance meets ‘‘(1) IN GENERAL.—In conjunction with an cluding through an Internet website, to the requirements of section 122.47 of title 40, enforcement action under subsection (a) or share information with, and provide tech- Code of Federal Regulations (as in effect on (b) relating to municipal discharges, the Ad- nical assistance to, State, tribal, and local the date of enactment of this subsection). ministrator shall inform a municipality of governments, tribal communities, the pri- ‘‘(5) CLARIFICATION OF STATE AUTHORITY.— the opportunity to develop an integrated vate sector, and the public regarding green ‘‘(A) IN GENERAL.—Nothing in section plan, as defined in section 402(s). infrastructure approaches for— 301(b)(1)(C) precludes a State from author- ‘‘(2) MODIFICATION.—Any municipality ‘‘(1) reducing water pollution; izing in the water quality standards of the under an administrative order under sub- ‘‘(2) protecting water resources; State the issuance of a schedule of compli- section (a) or settlement agreement (includ- ‘‘(3) complying with regulatory require- ance to meet water quality-based effluent ing a judicial consent decree) under sub- ments; and limitations in permits that incorporate pro- section (b) that has developed an integrated ‘‘(4) achieving other environmental, public visions of an integrated plan. plan consistent with section 402(s) may re- health, and community goals.’’. ‘‘(B) TRANSITION RULE.—In any case in quest a modification of the administrative SEC. 7205. FINANCIAL CAPABILITY GUIDANCE. which a discharge is subject to a judicial order or settlement agreement based on that (a) DEFINITIONS.—In this section: order or consent decree as of the date of en- integrated plan.’’. (1) AFFORDABILITY.—The term ‘‘afford- actment of the Water Resources Develop- (d) REPORT TO CONGRESS.—Not later than 2 ability’’ means, with respect to payment of a ment Act of 2016 resolving an enforcement years after the date of enactment of this utility bill, a measure of whether an indi- action under this Act, any schedule of com- Act, the Administrator shall submit to the vidual customer or household can pay the pliance issued pursuant to an authorization Committee on Environment and Public bill without undue hardship or unreasonable in a State water quality standard shall not Works of the Senate and the Committee on sacrifice in the essential lifestyle or spend- revise or otherwise affect a schedule of com- Transportation and Infrastructure of the ing patterns of the individual or household, pliance in that order or decree unless the House of Representatives and make publicly available a report on each integrated plan as determined by the Administrator. order or decree is modified by agreement of developed and implemented through a per- (2) FINANCIAL CAPABILITY.—The term ‘‘fi- the parties and the court.’’. mit, order, or judicial consent decree since nancial capability’’ means the financial ca- (b) MUNICIPAL OMBUDSMAN.— the date of publication of the ‘‘Integrated pability of a community to make invest- (1) ESTABLISHMENT.—There is established Municipal Stormwater and Wastewater Plan- ments necessary to make water quality or within the Office of the Administrator an Of- ning Approach Framework’’ issued by the drinking water improvements. fice of the Municipal Ombudsman. Environmental Protection Agency and dated (3) GUIDANCE.—The term ‘‘guidance’’ means (2) GENERAL DUTIES.—The duties of the mu- June 5, 2012, including a description of the the guidance published by the Administrator nicipal ombudsman shall include the provi- control measures, levels of control, esti- entitled ‘‘Combined Sewer Overflows—Guid- sion of— mated costs, and compliance schedules for ance for Financial Capability Assessment (A) technical assistance to municipalities the requirements implemented through an and Schedule Development’’ and dated Feb- seeking to comply with the Federal Water integrated plan. ruary 1997, as applicable to the combined Pollution Control Act (33 U.S.C. 1251 et seq.) SEC. 7204. GREEN INFRASTRUCTURE PRO- sewer overflows and sanitary sewer overflows and the Safe Drinking Water Act (42 U.S.C. MOTION. guidance published by the Administrator en- 300f et seq.); and Title V of the Federal Water Pollution titled ‘‘Financial Capability Assessment (B) information to the Administrator to Control Act (33 U.S.C. 1361 et seq.) is amend- Framework’’ and dated November 24, 2014. help the Administrator ensure that agency ed— (b) USE OF MEDIAN HOUSEHOLD INCOME.— policies are implemented by all offices of the (1) by redesignating section 519 (33 U.S.C. The Administrator shall not use median Environmental Protection Agency, including 1251 note) as section 520; and household income as the sole indicator of af- regional offices. (2) by inserting after section 518 (33 U.S.C. fordability for a residential household. (3) ACTIONS REQUIRED.—The municipal om- 1377) the following: (c) REVISED GUIDANCE.— budsman shall work with appropriate offices ‘‘SEC. 519. ENVIRONMENTAL PROTECTION AGEN- (1) IN GENERAL.—Not later than 1 year after at the headquarters and regional offices of CY GREEN INFRASTRUCTURE PRO- the date of completion of the National Acad- the Environmental Protection Agency to en- MOTION. emy of Public Administration study to es- sure that the municipality seeking assist- ‘‘(a) IN GENERAL.—The Administrator shall tablish a definition and framework for com- ance is provided information— ensure that the Office of Water, the Office of munity affordability required by Senate Re- (A) about available Federal financial as- Enforcement and Compliance Assurance, the port 114–70, accompanying S. 1645 (114th Con- sistance for which the municipality is eligi- Office of Research and Development, and the gress), the Administrator shall revise the ble; Office of Policy of the Environmental Pro- guidance described in subsection (a)(3).

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(2) USE OF GUIDANCE.—Beginning on the SEC. 7302. WATER INFRASTRUCTURE FINANCE (A) by striking ‘‘The Secretary’’ and in- date on which the revised guidance referred AND INNOVATION. serting the following: to in paragraph (1) is finalized, the Adminis- (a) AUTHORITY TO PROVIDE ASSISTANCE.— ‘‘(A) IN GENERAL.—Except as provided in trator shall use the revised guidance in lieu Section 5023(b)(2) of the Water Infrastructure subparagraph (B), the Secretary’’; and of the guidance described in subsection Finance and Innovation Act of 2014 (33 U.S.C. (B) by adding at the end the following: (a)(3). 3902(b)(2)) is amended by striking ‘‘carry ‘‘(B) FINANCING FEES.—On request of an eli- (d) CONSIDERATION AND CONSULTATION.— out’’ and inserting ‘‘provide financial assist- gible entity, the Secretary or the Adminis- (1) CONSIDERATION.—In revising the guid- ance to carry out’’. trator, as applicable, shall allow the fees ance, the Administrator shall consider— (b) PROJECTS ELIGIBLE FOR ASSISTANCE.— under subparagraph (A) to be financed as (A) the recommendations of the study re- (1) IN GENERAL.—Section 5026 of the Water part of the loan.’’; and ferred to in subsection (c) and any other rel- Infrastructure Finance and Innovation Act (2) by adding at the end the following: evant study, as determined by the Adminis- of 2014 (33 U.S.C. 3905) is amended— ‘‘(10) CREDIT.—Any eligible project costs trator; (A) in paragraph (6)— incurred and the value of any integral in- (B) local economic conditions, including (i) by striking ‘‘desalination project’’ and kind contributions made before receipt of as- site-specific local conditions that should be inserting ‘‘desalination project, including sistance under this subtitle shall be credited taken into consideration in analyzing finan- chloride control’’; and toward the 51 percent of project costs to be cial capability; (ii) by striking ‘‘or a water recycling provided by sources of funding other than a (C) other essential community invest- project’’ and inserting ‘‘a water recycling secured loan under this subtitle (as described ments; project, or a project to provide alternative in paragraph (2)(A).’’. (D) potential adverse impacts on distressed water supplies to reduce aquifer depletion’’; (e) REMOVAL OF PILOT DESIGNATION.— populations, including the percentage of low- (B) by redesignating paragraphs (7), (8), (1) Subtitle C of title V of the Water Re- income ratepayers within the service area of and (9) as paragraphs (8), (9), and (10), respec- sources Reform and Development Act of 2014 a utility and impacts in communities with tively; (33 U.S.C. 3901 et seq.) is amended by striking disparate economic conditions throughout (C) by inserting after paragraph (6) the fol- the subtitle designation and heading and in- the entire service area of a utility; lowing: serting the following: (E) the degree to which rates of low-income ‘‘(7) A project to prevent, reduce, or miti- ‘‘Subtitle C—Innovative Financing Projects’’. consumers would be affected by water infra- gate the effects of drought, including (2) Section 5023 of the Water Infrastructure structure investments and the use of rate projects that enhance the resilience of structures to address the rates of low-income Finance and Innovation Act of 2014 (33 U.S.C. drought-stricken watersheds.’’; and 3092) is amended by striking ‘‘pilot’’ each consumers; (D) in paragraph (10) (as redesignated by (F) an evaluation of an array of factors, place it appears. subparagraph (B)), by striking ‘‘or (7)’’ and (3) Section 5034 of the Water Infrastructure the relative importance of which may vary inserting ‘‘(7), or (8)’’. across regions and localities; and Finance and Innovation Act of 2014 (33 U.S.C. (2) CONFORMING AMENDMENTS.— 3913) is amended by striking the section des- (G) the appropriate weight for economic, (A) Section 5023(b) of the Water Infrastruc- public health, and environmental benefits ignation and heading and inserting the fol- ture Finance and Innovation Act of 2014 (33 lowing: associated with improved water quality. U.S.C. 3902(b)) is amended— (2) CONSULTATION.—Any revised guidance ‘‘SEC. 5034. REPORTS ON PROGRAM IMPLEMEN- (i) in paragraph (2), by striking ‘‘and (8)’’ TATION.’’. issued to replace the guidance shall be devel- and inserting ‘‘(7), and (9)’’; and (4) The table of contents for the Water Re- oped in consultation with stakeholders. (ii) in paragraph (3), by striking ‘‘para- sources Reform and Development Act of 2014 (e) PUBLICATION AND SUBMISSION.— graph (7) or (9)’’ and inserting ‘‘paragraph (8) (Public Law 113–121) is amended— (1) IN GENERAL.—On completion of the revi- or (10)’’. (A) by striking the item relating to sub- sion of the guidance, the Administrator shall (B) Section 5024(b) of the Water Infrastruc- title C of title V and inserting the following: publish in the Federal Register and submit ture Finance and Innovation Act of 2014 (33 to the Committee on Environment and Pub- U.S.C. 3903(b)) is amended by striking ‘‘para- ‘‘Subtitle C—Innovative Financing lic Works of the Senate and the Committee graph (8) or (9)’’ and inserting ‘‘paragraph (9) Projects’’.; and on Transportation and Infrastructure of the or (10)’’. (B) by striking the item relating to section House of Representatives the revised guid- (C) Section 5027(3) of the Water Infrastruc- 5034 and inserting the following: ance. ture Finance and Innovation Act of 2014 (33 ‘‘Sec. 5034. Reports on program implementa- (2) EXPLANATION.—If the Administrator U.S.C. 3906(3)) is amended by striking ‘‘sec- tion.’’. makes a determination not to follow 1 or tion 5026(7)’’ and inserting ‘‘section 5026(8)’’. (f) SENSE OF THE SENATE.—It is the sense of more recommendations of the study referred (D) Section 5028 of the Water Infrastruc- the Senate that— to in subsection (c)(1), the Administrator ture Finance and Innovation Act of 2014 (33 (1) appropriations made available to carry shall include in the publication and submis- U.S.C. 3907) is amended— out the Water Infrastructure Finance and In- sion under paragraph (1) an explanation of (i) in subsection (a)(1)(E)— novation Act of 2014 (33 U.S.C. 3901 et seq.) that decision. (I) by striking ‘‘section 5026(9)’’ and insert- should be in addition to robust funding for (f) EFFECT.—Nothing in this section pre- ing ‘‘section 5026(10)’’; and empts or interferes with any obligation to the State water pollution control revolving (II) by striking ‘‘section 5026(8)’’ and in- comply with any Federal law, including the funds established under title VI of the Fed- serting ‘‘section 5026(9)’’; and Federal Water Pollution Control Act (33 eral Water Pollution Control Act (33 U.S.C. (ii) in subsection (b)(3), by striking ‘‘sec- U.S.C. 1251 et seq.). 1381 et seq.) and State drinking water treat- tion 5026(8)’’ and inserting ‘‘section 5026(9)’’. SEC. 7206. CHESAPEAKE BAY GRASS SURVEY. ment revolving loan funds established under Section 117(i) of the Federal Water Pollu- (c) DETERMINATION OF ELIGIBILITY AND section 1452 of the Safe Drinking Water Act tion Control Act (33 U.S.C. 1267(i)) is amend- PROJECT SELECTION.—Section 5028(b)(2)(F) of (42 U.S.C. 300j–12); and ed by adding at the end the following: the Water Infrastructure Finance and Inno- (2) the appropriations made available for vation Act of 2014 (33 U.S.C. 3907(b)(2)(F)) is ‘‘(3) ANNUAL SURVEY.—The Administrator the funds referred to in paragraph (1) should shall carry out an annual survey of sea amended— not decrease for any fiscal year. grasses in the Chesapeake Bay.’’. (1) in clause (i), by striking ‘‘or’’ at the SEC. 7303. WATER INFRASTRUCTURE INVEST- end; and SEC. 7207. GREAT LAKES HARMFUL ALGAL MENT TRUST FUND. BLOOM COORDINATOR. (2) by striking clause (ii) and inserting the (a) CREATION OF TRUST FUND.—There is es- The Administrator, acting as the chair of following: tablished in the Treasury of the United the Great Lakes Interagency Task Force, ‘‘(ii) helps maintain or protect the environ- States a trust fund to be known as the shall appoint a coordinator to work with ap- ment; ‘‘Water Infrastructure Investment Trust propriate Federal agencies and State, local, ‘‘(iii) resists hazards due to a natural dis- Fund’’ (referred to in this section as the tribal, and foreign governments to coordi- aster; ‘‘Fund’’), consisting of such amounts as may nate efforts to address the issue of harmful ‘‘(iv) continues to serve the primary func- be appropriated to or deposited in such fund algal blooms in the Great Lakes. tion of the water resources infrastructure as provided in this section. Subtitle C—Innovative Financing and project following a natural disaster; (b) TRANSFERS TO TRUST FUND.—The Sec- Promotion of Innovative Technologies ‘‘(v) reduces the magnitude or duration of retary of the Treasury (referred to in this a disruptive event to a water resources infra- SEC. 7301. WATER INFRASTRUCTURE PUBLIC-PRI- section as the ‘‘Secretary’’) shall deposit in VATE PARTNERSHIP PILOT PRO- structure project; or the Fund amounts equal to the fees received GRAM. ‘‘(vi) has the absorptive, adaptive, and re- before January 1, 2022, under subsection Section 5014(c) of the Water Resources Re- coverable capacities to withstand a poten- (f)(2). form and Development Act of 2014 (33 U.S.C. tially disruptive event.’’. (c) EXPENDITURES.—Amounts in the Fund, 2201 note; Public Law 113–121) is amended by (d) TERMS AND CONDITIONS.—Section 5029(b) including interest earned and advances to striking ‘‘Any activity undertaken under of the Water Infrastructure Finance and In- the Fund and proceeds from investment this section is authorized only to the extent’’ novation Act of 2014 (33 U.S.C. 3908(b)) is under subsection (d), shall be available for and inserting ‘‘Nothing in this section obli- amended— expenditure, without further appropriation, gates the Secretary to expend funds unless’’. (1) in paragraph (7)— as follows:

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(1) 50 percent of the amounts shall be avail- (c) GRANTS.—In carrying out the program the Administrator to provide grants to eligi- able to the Administrator for making cap- under subsection (b), the Administrator shall ble entities under this section $10,000,000, to italization grants under section 601 of the make to eligible entities grants that— remain available until expended. Federal Water Pollution Control Act (33 (1) finance projects to develop, deploy, SEC. 7305. WATER RESOURCES RESEARCH ACT U.S.C. 1381). test, and improve emerging water tech- AMENDMENTS. (2) 50 percent of the amounts shall be avail- nologies; (a) CONGRESSIONAL FINDINGS AND DECLARA- able to the Administrator for making cap- (2) fund entities that provide technical as- TIONS.—Section 102 of the Water Resources italization grants under section 1452 of the sistance to deploy innovative water tech- Research Act of 1984 (42 U.S.C. 10301) is Safe Drinking Water Act (42 U.S.C. 300j–12). nologies more broadly, especially— amended— (d) INVESTMENT.—Amounts in the Fund (A) to increase adoption of innovative (1) by redesignating paragraphs (7) through shall be invested in accordance with section water technologies in— (9) as paragraphs (8) through (10), respec- 9702 of title 31, United States Code, and any (i) municipal drinking water and waste- tively; interest on, and proceeds from, any such in- water treatment systems; (2) in paragraph (8) (as so redesignated), by vestment shall be available for expenditure (ii) areas served by private wells; or striking ‘‘and’’ at the end; and in accordance with this section. (iii) water supply systems in arid areas (3) by inserting after paragraph (6) the fol- (e) LIMITATION ON EXPENDITURES.— that are experiencing, or have recently expe- lowing: Amounts in the Fund may not be made rienced, prolonged drought conditions; and available for a fiscal year under subsection ‘‘(7) additional research is required to in- (B) in a manner that reduces ratepayer or (c) unless the sum of the funds appropriated crease the effectiveness and efficiency of new community costs over time, including the to the Clean Water State Revolving Fund and existing treatment works through alter- cost of future capital investments; or and the Safe Drinking Water State Revolv- native approaches, including— (3) support technologies that, as deter- ing Fund through annual capitalization ‘‘(A) nonstructural alternatives; grants is not less than the average of the mined by the Administrator— ‘‘(B) decentralized approaches; sum of the annual amounts provided in cap- (A) improve water quality of a water ‘‘(C) water use efficiency and conservation; italization grants under section 601 of the source; and Federal Water Pollution Control Act (33 (B) improve the safety and security of a ‘‘(D) actions to reduce energy consumption U.S.C. 1381) and section 1452 of the Safe drinking water delivery system; or extract energy from wastewater;’’. Drinking Water Act (42 U.S.C. 300j–12) for the (C) minimize contamination of drinking (b) WATER RESOURCES RESEARCH AND TECH- 5-fiscal-year period immediately preceding water and drinking water sources, including NOLOGY INSTITUTES.—Section 104 of the such fiscal year. contamination by lead, bacteria, chlorides, Water Resources Research Act of 1984 (42 (f) VOLUNTARY LABELING SYSTEM.— and nitrates; U.S.C. 10303) is amended— (1) IN GENERAL.—The Administrator, in (D) improve the quality and timeliness and (1) in subsection (b)(1)— consultation with the Administrator of the decrease the cost of drinking water quality (A) in subparagraph (B)(ii), by striking Food and Drug Administration, manufactur- tests, especially technologies that can be de- ‘‘water-related phenomena’’ and inserting ers, producers, and importers, shall develop ployed within water systems and at indi- ‘‘water resources’’; and and implement a program under which the vidual faucets to provide accurate real-time (B) in subparagraph (D), by striking the pe- Administrator provides a label designed in tests of water quality, especially with re- riod at the end and inserting ‘‘; and’’; consultation with manufacturers, producers, spect to lead, bacteria, and nitrate content; (2) in subsection (c)— and importers suitable for placement on (E) increase water supplies in arid areas (A) by striking ‘‘From the’’ and inserting products to inform consumers that the man- that are experiencing, or have recently expe- the following: ufacturer, producer, or importer of the prod- rienced, prolonged drought conditions; ‘‘(1) IN GENERAL.—From the’’; and uct, and other stakeholders, participates in (F) treat edge-of-field runoff to improve (B) by adding at the end the following: the Fund. water quality; ‘‘(2) REPORT.—Not later than December 31 (2) FEE.—The Administrator shall provide (G) treat agricultural, municipal, and in- of each fiscal year, the Secretary shall sub- a label for a fee of 3 cents per unit. dustrial wastewater; mit to the Committee on Environment and (g) EPA STUDY ON WATER PRICING.— (H) recycle or reuse water; Public Works of the Senate, the Committee (1) STUDY.—The Administrator, with par- (I) manage urban storm water runoff; on the Budget of the Senate, the Committee ticipation by the States, shall conduct a (J) reduce sewer or stormwater overflows; on Transportation and Infrastructure of the study to— (K) conserve water; House of Representatives, and the Com- (A) assess the affordability gap faced by (L) improve water quality by reducing sa- mittee on the Budget of the House of Rep- low-income populations located in urban and linity; resentatives a report regarding the compli- rural areas in obtaining services from clean (M) mitigate air quality impacts associ- ance of each funding recipient with this sub- water and drinking water systems; and ated with declining water resources; section for the immediately preceding fiscal (B) analyze options for programs to provide (N) address treatment byproduct and brine year.’’; incentives for rate adjustments at the local disposal alternatives; or (3) by striking subsection (e) and inserting level to achieve ‘‘full cost’’ or ‘‘true value’’ (O) address urgent water quality and the following: pricing for such services, while protecting human health needs. ‘‘(e) EVALUATION OF WATER RESOURCES RE- low-income ratepayers from undue burden. (d) PRIORITY FUNDING.—In making grants SEARCH PROGRAM.— (2) REPORT.—Not later than 180 days after under this section, the Administrator shall ‘‘(1) IN GENERAL.—The Secretary shall con- the date of enactment of this Act, the Ad- give priority to projects that have the poten- ministrator shall submit to the Committee duct a careful and detailed evaluation of tial— each institute at least once every 3 years to on the Environment and Public Works of the (1) to provide substantial cost savings Senate and the Committee on Transpor- determine— across a sector; ‘‘(A) the quality and relevance of the water tation and Infrastructure and the Committee (2) to significantly improve human health on Energy and Commerce of the House of resources research of the institute; or the environment; or ‘‘(B) the effectiveness of the institute at Representatives a report on the results of (3) to provide additional water supplies the study. producing measured results and applied with minimal environmental impact. water supply research; and SEC. 7304. INNOVATIVE WATER TECHNOLOGY (e) COST-SHARING.—The Federal share of ‘‘(C) whether the effectiveness of the insti- GRANT PROGRAM. the cost of activities carried out using a tute as an institution for planning, con- (a) DEFINITION OF ELIGIBLE ENTITY.—In this grant made under this section shall be not ducting, and arranging for research warrants section, the term ‘‘eligible entity’’ means— more than 65 percent. (1) a public utility, including publicly (f) LIMITATION.—The maximum amount of continued support under this section. owned treatment works and clean water sys- a grant provided to a project under this sec- ‘‘(2) PROHIBITION ON FURTHER SUPPORT.—If, tems; tion shall be $5,000,000. as a result of an evaluation under paragraph (2) a unit of local government, including a (g) REPORT.—Each year, the Administrator (1), the Secretary determines that an insti- municipality or a joint powers authority; shall submit to Congress and make publicly tute does not qualify for further support (3) a private entity, including a farmer or available on the website of the Adminis- under this section, no further grants to the manufacturer; trator a report that describes any advance- institute may be provided until the quali- (4) an institution of higher education; ments during the previous year in develop- fications of the institute are reestablished to (5) a research institution or foundation; ment of innovative water technologies made the satisfaction of the Secretary.’’; (6) a State; as a result of funding provided under this (4) in subsection (f)(1), by striking (7) a regional organization; or section. ‘‘$12,000,000 for each of fiscal years 2007 (8) a nonprofit organization. (h) AUTHORIZATION OF APPROPRIATIONS.— through 2011’’ and inserting ‘‘$7,500,000 for (b) GRANT PROGRAM AUTHORIZED.—The Ad- There is authorized to be appropriated to each of fiscal years 2017 through 2021’’; and ministrator shall carry out a grant program carry out this section $50,000,000 for each fis- (5) in subsection (g)(1), in the first sen- for purposes described in subsection (c) to ac- cal year. tence, by striking ‘‘$6,000,000 for each of fis- celerate the development of innovative (i) FUNDING.—Out of any funds in the cal years 2007 through 2011’’ and inserting water technologies that address pressing Treasury not otherwise appropriated, the ‘‘$1,500,000 for each of fiscal years 2017 water challenges. Secretary of the Treasury shall transfer to through 2021’’.

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5778 CONGRESSIONAL RECORD — SENATE September 15, 2016 SEC. 7306. REAUTHORIZATION OF WATER DESALI- rying out’’ in the first sentence and inserting (i) water use efficiency through gallons per NATION ACT OF 1996. the following: capita reduction goals, appliance efficiency (a) AUTHORIZATION OF RESEARCH AND STUD- ‘‘SEC. 9. CONSULTATION AND COORDINATION. standards, water pricing incentives, and IES.—Section 3 of the Water Desalination Act ‘‘(a) CONSULTATION.—In carrying out’’; other measures; of 1996 (42 U.S.C. 10301 note; Public Law 104– (2) in the second sentence, by striking (ii) water recycling; 298) is amended— ‘‘The authorization’’ and inserting the fol- (iii) groundwater clean-up and storage; (1) in subsection (a)— lowing: (iv) new technologies, such as behavioral (A) in paragraph (6), by striking ‘‘and’’ at ‘‘(c) OTHER DESALINATION PROGRAMS.—The water efficiency; and the end; authorization’’; and (v) stormwater capture and reuse; (B) in paragraph (7), by striking the period (3) by inserting after subsection (a) (as des- (D) water-related energy and greenhouse at the end and inserting a semicolon; and ignated by paragraph (1)) the following: gas reduction strategies; and (C) by adding at the end the following: ‘‘(b) COORDINATION OF FEDERAL DESALINA- (E) public education and engagement; and ‘‘(8) development of metrics to analyze the TION RESEARCH AND DEVELOPMENT.—The (2) include recommendations relating to costs and benefits of desalination relative to White House Office of Science and Tech- the processes that Federal, State, and local other sources of water (including costs and nology Policy shall develop a coordinated governments and water utilities should con- benefits related to associated infrastructure, strategic plan that— sider when developing drought resilience pre- energy use, environmental impacts, and di- ‘‘(1) establishes priorities for future Fed- paredness and plans, including— versification of water supplies); and eral investments in desalination; (A) the establishment of planning goals; ‘‘(9) development of design and siting spec- ‘‘(2) coordinates the activities of Federal (B) the evaluation of institutional capac- ifications that avoid, minimize, or offset ad- agencies involved in desalination, including ity; verse social, economic, and environmental the Bureau of Reclamation, the Corps of En- (C) the assessment of drought-related risks impacts.’’; and gineers, the United States Army Tank Auto- and vulnerabilities, including the integra- (2) by adding at the end the following: motive Research, Development and Engi- tion of climate-related impacts; ‘‘(e) PRIORITIZATION.—In carrying out this neering Center, the National Science Foun- section, the Secretary shall prioritize fund- (D) the establishment of a development dation, the Office of Naval Research of the ing for research— process, including an evaluation of the cost- Department of Defense, the National Labora- ‘‘(1) to reduce energy consumption and effectiveness of potential strategies; tories of the Department of Energy, the lower the cost of desalination, including (E) the inclusion of private entities, tech- United States Geological Survey, the Envi- chloride control; nical advisors, and other stakeholders in the ronmental Protection Agency, and the Na- ‘‘(2) to reduce the environmental impacts development process; tional Oceanic and Atmospheric Administra- of seawater desalination and develop tech- (F) implementation and financing issues; tion; nology and strategies to minimize those im- and ‘‘(3) strengthens research and development pacts; (G) evaluation of the plan, including any ‘‘(3) to improve existing reverse osmosis cooperation with international partners, updates to the plan. and membrane technology; such as the State of Israel, in the area of de- SEC. 7308. INNOVATION IN STATE WATER POLLU- ‘‘(4) to carry out basic and applied research salination technology; and TION CONTROL REVOLVING LOAN on next generation desalination tech- ‘‘(4) promotes public-private partnerships FUNDS. nologies, including improved energy recov- to develop a framework for assessing needs (a) IN GENERAL.—Subsection (j)(1)(B) (as ery systems and renewable energy-powered for, and to optimize siting and design of, fu- redesignated by section 7202(b)(1)(A)(ii)) of desalination systems that could signifi- ture ocean desalination projects.’’. section 603 of the Federal Water Pollution cantly reduce desalination costs; SEC. 7307. NATIONAL DROUGHT RESILIENCE Control Act (33 U.S.C. 1383) is amended— ‘‘(5) to develop portable or modular desali- GUIDELINES. (1) in clause (iii), by striking ‘‘or’’ at the nation units capable of providing temporary (a) IN GENERAL.—The Secretary of the In- end; emergency water supplies for domestic or terior, the Secretary of Agriculture, the Sec- (2) in clause (iv), by striking the period at military deployment purposes; and retary of Commerce, the Administrator, and the end and inserting ‘‘; or’’; and ‘‘(6) to develop and promote innovative de- other appropriate Federal agency heads (3) by adding at the end the following: salination technologies, including chloride along with State, local, and tribal govern- ‘‘(v) to encourage the use of innovative control, identified by the Secretary.’’. ments, shall jointly develop nonregulatory water technologies related to any of the (b) DESALINATION DEMONSTRATION AND DE- national drought resilience guidelines relat- issues identified in clauses (i) through (iv) VELOPMENT.—Section 4 of the Water Desali- ing to drought preparedness planning and in- or, as determined by the State, any other eli- nation Act of 1996 (42 U.S.C. 10301 note; Pub- vestments for communities, water utilities, gible project and activity eligible for assist- lic Law 104–298) is amended by adding at the and other water users and providers, in a ance under subsection (c)’’. end the following: manner consistent with the Presidential (b) INNOVATIVE WATER TECHNOLOGIES.—Sec- ‘‘(c) PRIORITIZATION.—In carrying out dem- Memorandum entitled ‘‘Building National tion 603 of the Federal Water Pollution Con- onstration and development activities under Capabilities for Long-Term Drought Resil- trol Act (33 U.S.C. 1383) (as amended by sec- this section, the Secretary shall prioritize ience’’ (81 Fed. Reg. 16053 (March 21, 2016)). tion 7202(b)(1)) is amended by adding at the projects— (b) CONSULTATION.—In developing the na- end the following: ‘‘(1) for the benefit of drought-stricken tional drought resilience guidelines, the Ad- ‘‘(k) TECHNICAL ASSISTANCE.—The Adminis- States and communities; ministrator and other Federal agency heads trator may provide technical assistance to ‘‘(2) for the benefit of States that have au- referred to in subsection (a) shall consult facilitate and encourage the provision of fi- thorized funding for research and develop- with— nancial assistance for innovative water tech- ment of desalination technologies and (1) State and local governments; nologies. projects; (2) water utilities; ‘‘(l) REPORT.—Not later than 1 year after ‘‘(3) that can reduce reliance on imported (3) scientists; the date of enactment of the Water Re- water supplies that have an impact on spe- (4) institutions of higher education; sources Development Act of 2016, and not cies listed under the Endangered Species Act (5) relevant private entities; and less frequently than every 5 years thereafter, of 1973 (16 U.S.C. 1531 et seq.); and (6) other stakeholders. the Administrator shall submit to Congress ‘‘(4) that demonstrably leverage the experi- (c) CONTENTS.—The national drought resil- a report that describes— ence of international partners with consider- ience guidelines developed under this section ‘‘(1) the amount of financial assistance pro- able expertise in desalination, such as the shall, to the maximum extent practicable, vided by State water pollution control re- State of Israel.’’. provide recommendations for a period of 10 volving funds to deploy innovative water (c) AUTHORIZATION OF APPROPRIATIONS.— years that— technologies; Section 8 of the Water Desalination Act of (1) address a broad range of potential ac- ‘‘(2) the barriers impacting greater use of 1996 (42 U.S.C. 10301 note; Public Law 104–298) tions, including— innovative water technologies; and is amended— (A) analysis of the impacts of the changing ‘‘(3) the cost-saving potential to cities and (1) in the first sentence of subsection (a)— frequency and duration of drought on the fu- future infrastructure investments from (A) by striking ‘‘$5,000,000’’ and inserting ture effectiveness of water management emerging technologies.’’. ‘‘$8,000,000’’; and tools; SEC. 7309. INNOVATION IN DRINKING WATER (B) by striking ‘‘2013’’ and inserting ‘‘2021’’; (B) the identification of drought-related STATE REVOLVING LOAN FUNDS. and water management challenges in a broad Section 1452 of the Safe Drinking Water (2) in subsection (b), by striking ‘‘for each range of fields, including— Act (42 U.S.C. 300j–12) (as amended by section of fiscal years 2012 through 2013’’ and insert- (i) public health and safety; 7105) is amended— ing ‘‘for each of fiscal years 2017 through (ii) municipal and industrial water supply; (1) in subsection (d)— 2021’’. (iii) agricultural water supply; (A) by striking the heading and inserting (d) CONSULTATION.—Section 9 of the Water (iv) water quality; ‘‘ADDITIONAL ASSISTANCE.—’’; Desalination Act of 1996 (42 U.S.C. 10301 note; (v) ecosystem health; and (B) in paragraph (1)— Public Law 104–298) is amended— (vi) water supply planning; (i) by striking ‘‘Notwithstanding’’ and in- (1) by striking the section designation and (C) water management tools to reduce serting the following: heading and all that follows through ‘‘In car- drought-related impacts, including— ‘‘(A) IN GENERAL.—Notwithstanding’’; and

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5779 (ii) by adding at the end the following: drinking water, including repair and replace- than 30 days after the date on which the eli- ‘‘(B) INNOVATIVE WATER TECHNOLOGY.—Not- ment of public and private drinking water gible State submits to the Administrator a withstanding any other provision of this sec- infrastructure. supplemented intended use plan under sec- tion, in the case of a State that makes a loan (B) INCLUSION.—Assistance provided under tion 1452(b) of the Safe Drinking Water Act under subsection (a)(2) to carry out an eligi- subparagraph (A) may include additional (42 U.S.C. 300j–12(b)) that includes ble activity through the use of an innovative subsidization under the Safe Drinking Water preapplication information regarding water technology (including technologies to Act (42 U.S.C. 300f et seq.), as described in projects to be funded using the additional as- improve water treatment to ensure compli- paragraph (1)(B). sistance, including, with respect to each ance with this title and technologies to iden- (C) EXCLUSION.—Assistance provided under such project— tify and mitigate sources of drinking water subparagraph (A) shall not include assist- (i) a description of the project; contamination, including lead contamina- ance for a project that is financed (directly (ii) an explanation of the means by which tion), the State may provide additional sub- or indirectly), in whole or in part, with pro- the project will address a situation causing a sidization, including forgiveness of principal ceeds of any obligation issued after the date declared emergency in the eligible State; that is not more than 50 percent of the cost of enactment of this Act— (iii) the estimated cost of the project; and of the portion of the project associated with (i) the interest of which is exempt from the (iv) the projected start date for construc- the innovative technology.’’; tax imposed under chapter 1 of the Internal tion of the project. (C) in paragraph (2)— Revenue Code of 1986; or (C) UNOBLIGATED AMOUNTS.—Of any (i) by striking ‘‘For each fiscal year’’ and (ii) with respect to which credit is allow- amounts made available to the Adminis- inserting the following: able under subpart I or J of part IV of sub- trator under subparagraph (A) that are unob- ‘‘(A) IN GENERAL.—For each fiscal year’’; chapter A of chapter 1 of such Code. ligated on the date that is 18 months after and (3) LIMITATION.—Section 1452(d)(2) of the the date on which the amounts are made (ii) by adding at the end the following: Safe Drinking Water Act (42 U.S.C. 300j– available— ‘‘(B) INNOVATIVE WATER TECHNOLOGY.—For 12(d)(2)) shall not apply to— (i) 50 percent shall be available to provide each fiscal year, not more than 20 percent of (A) any funds provided under subsection additional grants under section 1459A of the the loan subsidies that may be made by a (e)(1)(A); or Safe Drinking Water Act (as added by sec- State under paragraph (1) may be used to (B) any other loan provided to an eligible tion 7106); and provide additional subsidization under sub- system. (ii) 50 percent shall be available to provide paragraph (B) of that paragraph.’’; and (c) WATER INFRASTRUCTURE FINANCING.— additional grants under section 1459B of the (1) SECURED LOANS.— (D) in paragraph (3), in the first sentence, Safe Drinking Water Act (as added by sec- (A) IN GENERAL.—Using funds provided by inserting ‘‘, or portion of a service area,’’ tion 7107). under subsection (e)(2)(A), the Administrator after ‘‘service area’’; and (D) APPLICABILITY.—Section 1452(b)(1) of may make a secured loan under the Water (2) by adding at the end the following: the Safe Drinking Water Act (42 U.S.C. 300j– Infrastructure Finance and Innovation Act ‘‘(t) TECHNICAL ASSISTANCE.—The Adminis- 12(b)(1)) shall not apply to a supplement to trator may provide technical assistance to of 2014 (33 U.S.C. 3901 et seq.) to— an intended use plan under subparagraph (B). facilitate and encourage the provision of fi- (i) an eligible State to carry out a project (2) WIFIA FUNDING.— nancial assistance for the deployment of in- eligible under paragraphs (2) through (9) of (A) IN GENERAL.—As soon as practicable novative water technologies. section 5026 of that Act (33 U.S.C. 3905) to ad- after the date of enactment of this Act, the ‘‘(u) REPORT.—Not later than 1 year after dress lead or other contaminants in drinking Secretary of the Treasury shall make avail- the date of enactment of the Water Re- water in an eligible system, including repair able to the Administrator $70,000,000 to pro- sources Development Act of 2016, and not and replacement of public and private drink- vide credit subsidies, in consultation with less frequently than every 5 years thereafter, ing water infrastructure; and the Director of the Office of Management the Administrator shall submit to Congress (ii) any eligible entity under section 5025 of and Budget, for secured loans under sub- a report that describes— that Act (33 U.S.C. 3904) for a project eligible section (c)(1)(A) with a goal of providing se- ‘‘(1) the amount of financial assistance pro- under paragraphs (2) through (9) of section cured loans totaling at least $700,000,000. vided by State loan funds to deploy innova- 5026 of that Act (33 U.S.C. 3905). (B) USE.—Secured loans provided pursuant to subparagraph (A) shall be available to tive water technologies; (B) AMOUNT.—Notwithstanding section carry out activities described in subsection ‘‘(2) the barriers impacting greater use of 5029(b)(2) of the Water Infrastructure Fi- (c)(1)(A). innovative water technologies; and nance and Innovation Act of 2014 (33 U.S.C. (C) EXCLUSION.—Of the amounts made ‘‘(3) the cost-saving potential to cities and 3908(b)(2)), the amount of a secured loan pro- available under subparagraph (A), $20,000,000 future infrastructure investments from vided under subparagraph (A)(i) may be shall not be used to provide assistance for a emerging technologies.’’. equal to not more than 80 percent of the rea- sonably anticipated costs of the projects. project that is financed (directly or indi- Subtitle D—Drinking Water Disaster Relief (2) FEDERAL INVOLVEMENT.—Notwith- rectly), in whole or in part, with proceeds of and Infrastructure Investments standing section 5029(b)(9) of the Water Infra- any obligation issued after the date of enact- SEC. 7401. DRINKING WATER INFRASTRUCTURE. structure Finance and Innovation Act of 2014 ment of this Act— (a) DEFINITIONS.—In this section: (33 U.S.C. 3908(b)(9)), any costs for a project (i) the interest of which is exempt from the (1) ELIGIBLE STATE.—The term ‘‘eligible to address lead or other contaminants in tax imposed under chapter 1 of the Internal State’’ means a State for which the Presi- drinking water in an eligible system that are Revenue Code of 1986; or dent has declared an emergency under the not covered by a secured loan under para- (ii) with respect to which credit is allow- Robert T. Stafford Disaster Relief and Emer- graph (1) may be covered using amounts in able under subpart I or J of part IV of sub- gency Assistance Act (42 U.S.C. 5121 et seq.) the State revolving loan fund under section chapter A of chapter 1 of such Code. relating to the public health threats associ- 1452 of the Safe Drinking Water Act (42 (3) APPLICABILITY.—Unless explicitly ated with the presence of lead or other con- U.S.C. 300j–12). waived, all requirements under the Safe taminants in a public drinking water supply (d) NONDUPLICATION OF WORK.—An activity Drinking Water Act (42 U.S.C. 300f et seq.) system. carried out pursuant to this section shall not and the Water Infrastructure Finance and (2) ELIGIBLE SYSTEM.—The term ‘‘eligible duplicate the work or activity of any other Innovation Act of 2014 (33 U.S.C. 3901 et seq.) system’’ means a public drinking water sup- Federal or State department or agency. shall apply to funding provided under this ply system that has been the subject of an (e) FUNDING.— subsection. emergency declaration referred to in para- (1) ADDITIONAL DRINKING WATER STATE RE- (f) HEALTH EFFECTS EVALUATION.— graph (1). VOLVING FUND CAPITALIZATION GRANTS.— (1) IN GENERAL.—Pursuant to section (b) STATE REVOLVING LOAN FUND ASSIST- (A) IN GENERAL.—The Secretary of the 104(i)(1)(E) of the Comprehensive Environ- ANCE.— Treasury shall make available to the Admin- mental Response, Compensation, and Liabil- (1) IN GENERAL.—An eligible system shall istrator a total of $100,000,000 to provide ad- ity Act (42 U.S.C. 9604(i)(1)(E)), and on re- be— ditional grants to eligible States pursuant to ceipt of a request of an appropriate State or (A) considered to be a disadvantaged com- section 1452 of the Safe Drinking Water Act local health official of an eligible State, the munity under section 1452(d) of the Safe (42 U.S.C. 300j–12), to be available for a period Director of the Agency for Toxic Substances Drinking Water Act (42 U.S.C. 300j–12(d)); and of 18 months beginning on the date on which and Disease Registry of the National Center (B) eligible to receive loans with additional the funds are made available, for the pur- for Environmental Health shall in coordina- subsidization under that Act (42 U.S.C. 300f poses described in subsection (b)(2), and after tion with other agencies, as appropriate, et seq.), including forgiveness of principal the end of the 18-month period, until ex- conduct voluntary surveillance activities to under section 1452(d)(1) of that Act (42 U.S.C. pended for the purposes described in subpara- evaluate any adverse health effects on indi- 300j–12(d)(1)). graph (C). viduals exposed to lead from drinking water (2) AUTHORIZATION.— (B) SUPPLEMENTED INTENDED USE PLANS.— in the affected communities. (A) IN GENERAL.—Using funds provided From funds made available under subpara- (2) CONSULTATIONS.—Pursuant to section under subsection (e)(1)(A), an eligible State graph (A), the Administrator shall obligate 104(i)(4) of the Comprehensive Environ- may provide assistance to an eligible system to an eligible State such amounts as are nec- mental Response, Compensation, and Liabil- within the eligible State, for the purpose of essary to meet the needs identified in a sup- ity Act (42 U.S.C. 9604(i)(4)), and on receipt of addressing lead or other contaminants in plemented intended use plan by not later a request of an appropriate State or local

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5780 CONGRESSIONAL RECORD — SENATE September 15, 2016 health official of an eligible State, the Direc- screening and the prevention of lead poi- Healthy Homes Initiative of the Department tor of the Agency for Toxic Substances and soning; of Housing and Urban Development. Disease Registry of the National Center for (D) identify effective services, including (2) RECEIPT AND ACCEPTANCE.—The Sec- Environmental Health shall provide con- services relating to healthcare, education, retary of Housing and Urban Development sultations regarding health issues described and nutrition for individuals and commu- shall be entitled to receive, shall accept, and in paragraph (1). nities affected by lead exposure and lead poi- shall use to carry out the Healthy Homes SEC. 7402. LOAN FORGIVENESS. soning, including in consultation with, as ap- Initiative of the Department of Housing and The matter under the heading ‘‘STATE AND propriate, the lead exposure registry as es- Urban Development the funds transferred TRIBAL ASSISTANCE GRANTS’’ under the head- tablished in subsection (b); and under paragraph (1), without further appro- ing ‘‘ENVIRONMENTAL PROTECTION (E) undertake any other review or activi- priation. AGENCY’’ in title II of division G of the Con- ties that the Secretary determines to be ap- (c) HEALTHY START PROGRAM.— solidated Appropriations Act, 2016 (Public propriate. (1) IN GENERAL.—On the date of enactment Law 114–113), is amended in paragraph (1), by (6) REPORT.—Annually for 5 years and of this Act, out of any funds in the Treasury striking the semicolon at the end and insert- thereafter as determined necessary by the not otherwise appropriated, the Secretary of ing the following: ‘‘or, if a Federal or State Secretary or as required by Congress, the the Treasury shall transfer to the Adminis- emergency declaration has been issued due Committee shall submit to the Secretary, trator of the Health Resources and Services to a threat to public health from heightened the Committees on Finance, Health, Edu- Administration, to be available during the exposure to lead in a municipal drinking cation, Labor, and Pensions, and Agri- period of fiscal years 2017 and 2018, $10,000,000 water supply, before the date of enactment culture, Nutrition, and Forestry of the Sen- to carry out the Healthy Start Initiative of this Act: Provided further, That in a State ate and the Committees on Education and under section 330H of the Public Health Serv- in which such an emergency declaration has the Workforce, Energy and Commerce, and ice Act (42 U.S.C. 254c–8). been issued, the State may use more than 20 Agriculture of the House of Representatives (2) RECEIPT AND ACCEPTANCE.—The Admin- percent of the funds made available under a report that includes— istrator of the Health Resources and Serv- this title to the State for Drinking Water (A) an evaluation of the effectiveness of ices Administration shall be entitled to re- State Revolving Fund capitalization grants the Federal programs and services available ceive, shall accept, and shall use to carry out to provide additional subsidy to eligible re- to individuals and communities exposed to the Healthy Start Initiative under section cipients;’’. lead; 330H of the Public Health Service Act (42 SEC. 7403. REGISTRY FOR LEAD EXPOSURE AND (B) an evaluation of additional lead poi- U.S.C. 254c–8) the funds transferred under ADVISORY COMMITTEE. soning research needs; paragraph (1), without further appropriation. (a) DEFINITIONS.—In this section: (C) an assessment of any effective screen- SEC. 7405. REVIEW AND REPORT. (1) CITY.—The term ‘‘City’’ means a city ing methods or best practices used or devel- (a) IN GENERAL.—Not later than 1 year exposed to lead contamination in the local oped to prevent or screen for lead poisoning; after the date of enactment of this Act, the drinking water system. (D) input and recommendations for im- Attorney General and the Inspector General (2) COMMITTEE.—The term ‘‘Committee’’ proved access to effective services relating of the Environmental Protection Agency means the Advisory Committee established to healthcare, education, or nutrition for in- shall submit to the Committees on Appro- under subsection (c). dividuals and communities impacted by lead priations, Environment and Public Works, (3) SECRETARY.—The term ‘‘Secretary’’ exposure; and and Homeland Security and Governmental means the Secretary of Health and Human Affairs of the Senate and the Committees on (E) any other recommendations for com- Services. Appropriations, Energy and Commerce, munities affected by lead exposure, as appro- (b) LEAD EXPOSURE REGISTRY.—The Sec- Transportation and Infrastructure, and Over- priate. retary shall establish within the Agency for sight and Government Reform of the House Toxic Substances and Disease Registry or (d) MANDATORY FUNDING.— of Representatives a report on the status of another relevant agency at the discretion of (1) IN GENERAL.—On the date of enactment any ongoing investigations into the Federal the Secretary, or establish through a grant of this Act, out of any funds in the Treasury and State response to the contamination of award or contract, a lead exposure registry not otherwise appropriated, the Secretary of the drinking water supply of the City of to collect data on the lead exposure of resi- the Treasury shall transfer to the Secretary, Flint, Michigan. dents of a City on a voluntary basis. to be available during the period of fiscal (b) REVIEW.—Not later than 30 days after (c) ADVISORY COMMITTEE.— years 2016 through 2020— the completion of the investigations de- (1) MEMBERSHIP.— (A) $17,500,000 to carry out subsection (b); scribed in subsection (a), the Comptroller (A) IN GENERAL.—The Secretary shall es- and General of the United States shall commence tablish an Advisory Committee in coordina- (B) $2,500,000 to carry out subsection (c). a review of issues that are not addressed by tion with the Director of the Centers for Dis- (2) RECEIPT AND ACCEPTANCE.—The Sec- the investigations and relating to— ease Control and Prevention and other rel- retary shall be entitled to receive, shall ac- (1) the adequacy of the response by the evant agencies as determined by the Sec- cept, and shall use to carry out subsections State of Michigan and the City of Flint to retary consisting of Federal members and (b) and (c) the funds transferred under sub- the drinking water crisis in Flint, Michigan, non-Federal members, and which shall in- paragraphs (A) and (B) of paragraph (1), re- including the timeliness and transparency of clude— spectively, without further appropriation. the response, as well as the capacity of the (i) an epidemiologist; SEC. 7404. ADDITIONAL FUNDING FOR CERTAIN State and City to manage the drinking water (ii) a toxicologist; CHILDHOOD HEALTH PROGRAMS. system; and (iii) a mental health professional; (a) CHILDHOOD LEAD POISONING PREVENTION (2) the adequacy of the response by Region (iv) a pediatrician; PROGRAM.— 5 of the Environmental Protection Agency to (v) an early childhood education expert; (1) IN GENERAL.—On the date of enactment the drinking water crisis in Flint, Michigan, (vi) a special education expert; of this Act, out of any funds in the Treasury including the timeliness and transparency of (vii) a dietician; and not otherwise appropriated, the Secretary of the response. (viii) an environmental health expert. the Treasury shall transfer to the Director of (c) CONTENTS OF REPORT.—Not later than 1 (B) REQUIREMENTS.—Membership in the the Centers for Disease Control and Preven- year after commencing each review under Committee shall not exceed 15 members and tion, to be available during the period of fis- subsection (b), the Comptroller General of the United States shall submit to Congress a not less than 1⁄2 of the members shall be Fed- cal years 2017 and 2018, $10,000,000 for the eral members. childhood lead poisoning prevention program report that includes— (2) CHAIR.—The Secretary shall designate a authorized under section 317A of the Public (1) a statement of the principal findings of chair from among the Federal members ap- Health Service Act (42 U.S.C. 247b–1). the review; and pointed to the Committee. (2) RECEIPT AND ACCEPTANCE.—The Director (2) recommendations for Congress and the (3) TERMS.—Members of the Committee of the Centers for Disease Control and Pre- President to take any actions to prevent a shall serve for a term of not more than 3 vention shall be entitled to receive, shall ac- similar situation in the future and to protect years and the Secretary may reappoint mem- cept, and shall use to carry out the child- public health. bers for consecutive terms. hood lead poisoning prevention program au- Subtitle E—Report on Groundwater (4) APPLICATION OF FACA.—The Committee thorized under section 317A of the Public Contamination shall be subject to the Federal Advisory Health Service Act (42 U.S.C. 247b–1) the SEC. 7501. DEFINITIONS. Committee Act (5 U.S.C. App.). funds transferred under paragraph (1), with- In this subtitle: (5) RESPONSIBILITIES.—The Committee out further appropriation. (1) COMPREHENSIVE STRATEGY.—The term shall, at a minimum— (b) HEALTHY HOMES PROGRAM.— ‘‘comprehensive strategy’’ means a plan (A) review the Federal programs and serv- (1) IN GENERAL.—On the date of enactment for— ices available to individuals and commu- of this Act, out of any funds in the Treasury (A) the remediation of the plume under the nities exposed to lead; not otherwise appropriated, the Secretary of Comprehensive Environmental Response, (B) review current research on lead poi- the Treasury shall transfer to the Secretary Compensation, and Liability Act of 1980 (42 soning to identify additional research needs; of Housing and Urban Development, to be U.S.C. 9601 et seq.); or (C) review and identify best practices, or available during the period of fiscal years (B) corrective action under the Solid Waste the need for best practices, regarding lead 2017 and 2018, $10,000,000 to carry out the Disposal Act (42 U.S.C. 6901 et seq.).

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(2) GROUNDWATER.—The term ‘‘ground- ‘‘(ii) the feasibility of— to a section or other provision of the Great water’’ means water in a saturated zone or ‘‘(I) prompt implementation; Lakes Fish and Wildlife Restoration Act of stratum beneath the surface of land or ‘‘(II) timely achievement of results; and 1990 (16 U.S.C. 941 et seq.). water. ‘‘(III) resource leveraging; and (b) FINDINGS.—The Act is amended by (3) PLUME.—The term ‘‘plume’’ means any ‘‘(iii) the opportunity to improve inter- striking section 1002 and inserting the fol- hazardous waste (as defined in section 1004 of agency and inter-organizational coordina- lowing: the Solid Waste Disposal Act (42 U.S.C. 6903)) tion and collaboration to reduce duplication ‘‘SEC. 1002. FINDINGS. or hazardous substance (as defined in section and streamline efforts. ‘‘Congress finds that— 101 of the Comprehensive Environmental Re- ‘‘(D) IMPLEMENTATION OF PROJECTS.— ‘‘(1) the Great Lakes have fish and wildlife sponse, Compensation, and Liability Act of ‘‘(i) IN GENERAL.—Subject to subparagraph communities that are structurally and func- 1980 (42 U.S.C. 9601)) found in the ground- (G)(ii), funds made available to carry out the tionally changing; water supply. Initiative shall be used to strategically im- ‘‘(2) successful fish and wildlife manage- (4) SITE.—The term ‘‘site’’ means the site plement— ment focuses on the lakes as ecosystems, and located at 830 South Oyster Bay Road, ‘‘(I) Federal projects; and effective management requires the coordina- Bethpage, New York, 11714 (Environmental ‘‘(II) projects carried out in coordination tion and integration of efforts of many part- with States, Indian tribes, municipalities, Protection Agency identification number ners; institutions of higher education, and other NYD002047967). ‘‘(3) it is in the national interest to under- organizations. SEC. 7502. REPORT ON GROUNDWATER CONTAMI- take activities in the Great Lakes Basin that ‘‘(ii) TRANSFER OF FUNDS.—With amounts NATION. support sustainable fish and wildlife re- made available for the Initiative each fiscal Not later than 180 days after the date of sources of common concern provided under year, the Administrator may— enactment of this Act and annually there- the Great Lakes Restoration Initiative Ac- ‘‘(I) transfer not more than $300,000,000 to after, the Secretary of the Navy shall submit tion Plan based on the recommendations of the head of any Federal department or agen- to Congress a report on the groundwater con- the Great Lakes Regional Collaboration au- cy, with the concurrence of the department tamination from the site that includes— thorized under Executive Order 13340 (69 Fed. or agency head, to carry out activities to (1) a description of the status of the Reg. 29043; relating to the Great Lakes Inter- groundwater contaminants that are leaving support the Initiative and the Great Lakes Water Quality Agreement; agency Task Force); the site and migrating to a location within a ‘‘(4) additional actions and better coordina- 10-mile radius of the site, including— ‘‘(II) enter into an interagency agreement with the head of any Federal department or tion are needed to protect and effectively (A) detailed mapping of the movement of manage the fish and wildlife resources, and the plume over time; and agency to carry out activities described in subclause (I); and the habitats on which the resources depend, (B) projected migration rates of the plume; in the Great Lakes Basin; (2) an analysis of the current and future ‘‘(III) make grants to governmental enti- ties, nonprofit organizations, institutions, ‘‘(5) as of the date of enactment of this impact of the movement of the plume on Act, actions are not funded that are consid- drinking water facilities; and and individuals for planning, research, moni- toring, outreach, and implementation of ered essential to meet the goals and objec- (3) a comprehensive strategy to prevent tives in managing the fish and wildlife re- the groundwater contaminants from the site projects in furtherance of the Initiative and the Great Lakes Water Quality Agreement. sources, and the habitats on which the re- from contaminating drinking water wells sources depend, in the Great Lakes Basin; that, as of the date of the submission of the ‘‘(E) SCOPE.— ‘‘(i) IN GENERAL.—Projects shall be carried and report, have not been affected by the migra- ‘‘(6) this Act allows Federal agencies, tion of the plume. out under the Initiative on multiple levels, including— States, and Indian tribes to work in an effec- Subtitle F—Restoration ‘‘(I) Great Lakes-wide; and tive partnership by providing the funding for PART I—GREAT LAKES RESTORATION ‘‘(II) Great Lakes basin-wide. restoration work.’’. SEC. 7611. GREAT LAKES RESTORATION INITIA- ‘‘(ii) LIMITATION.—No funds made available (c) IDENTIFICATION, REVIEW, AND IMPLEMEN- TIVE. to carry out the Initiative may be used for TATION OF PROPOSALS AND REGIONAL Section 118(c) of the Federal Water Pollu- any water infrastructure activity (other PROJECTS.— tion Control Act (33 U.S.C. 1268(c)) is amend- than a green infrastructure project that im- (1) REQUIREMENTS FOR PROPOSALS AND RE- ed by striking paragraph (7) and inserting proves habitat and other ecosystem func- GIONAL PROJECTS.—Section 1005(b)(2)(B) (16 the following: tions in the Great Lakes) for which amounts U.S.C. 941c(b)(2)(B)) is amended— ‘‘(7) GREAT LAKES RESTORATION INITIA- are made available from— (A) in clause (v), by striking ‘‘and’’ at the TIVE.— ‘‘(I) a State water pollution control revolv- end; ‘‘(A) ESTABLISHMENT.—There is established ing fund established under title VI; or (B) in clause (vi), by striking the period at in the Agency a Great Lakes Restoration ‘‘(II) a State drinking water revolving loan the end and inserting a semicolon; and Initiative (referred to in this paragraph as fund established under section 1452 of the (C) by adding at the end the following: the ‘Initiative’) to carry out programs and Safe Drinking Water Act (42 U.S.C. 300j–12). ‘‘(vii) the strategic action plan of the projects for Great Lakes protection and res- ‘‘(F) ACTIVITIES BY OTHER FEDERAL AGEN- Great Lakes Restoration Initiative; and toration. CIES.—Each relevant Federal department or ‘‘(viii) each applicable State wildlife action ‘‘(B) FOCUS AREAS.—Each fiscal year under agency shall, to the maximum extent prac- plan.’’. a 5-year Initiative Action Plan, the Initia- ticable— (2) REVIEW OF PROPOSALS.—Section tive shall prioritize programs and projects, ‘‘(i) maintain the base level of funding for 1005(c)(2)(C) (16 U.S.C. 941c(c)(2)(C)) is amend- carried out in coordination with non-Federal the Great Lakes activities of that depart- ed by striking ‘‘Great Lakes Coordinator of partners, that address priority areas, such ment or agency without regard to funding the’’. as— under the Initiative; and (3) COST SHARING.—Section 1005(e) (16 ‘‘(i) the remediation of toxic substances ‘‘(ii) identify new activities and projects to U.S.C. 941c(e)) is amended— and areas of concern; support the environmental goals of the Ini- (A) in paragraph (1)— ‘‘(ii) the prevention and control of invasive tiative and the Great Lakes Water Quality (i) by striking ‘‘Except as provided in para- species and the impacts of invasive species; Agreement. graphs (2) and (4), not less than 25 percent of ‘‘(iii) the protection and restoration of ‘‘(G) FUNDING.— the cost of implementing a proposal’’ and in- nearshore health and the prevention and ‘‘(i) IN GENERAL.—There is authorized to be serting the following: mitigation of nonpoint source pollution; appropriated to carry out this paragraph ‘‘(A) NON-FEDERAL SHARE.—Except as pro- ‘‘(iv) habitat and wildlife protection and $300,000,000 for each of fiscal years 2017 vided in paragraphs (3) and (5) and subject to restoration, including wetlands restoration through 2021. paragraph (2), not less than 25 percent of the and preservation; and ‘‘(ii) LIMITATION.—Nothing in this para- cost of implementing a proposal or regional ‘‘(v) accountability, monitoring, evalua- graph creates, expands, or amends the au- project’’; and tion, communication, and partnership activi- thority of the Administrator to implement (ii) by adding at the end the following: ties. programs or projects under— ‘‘(B) TIME PERIOD FOR PROVIDING MATCH.— ‘‘(C) PROJECTS.—Under the Initiative, the ‘‘(I) this section; The non-Federal share of the cost of imple- Agency shall collaborate with Federal part- ‘‘(II) the Initiative Action Plan; or menting a proposal or regional project re- ners, including the Great Lakes Interagency ‘‘(III) the Great Lakes Water Quality quired under subparagraph (A) may be pro- Task Force, to select the best combination Agreement.’’. vided at any time during the 2-year period of programs and projects for Great Lakes SEC. 7612. AMENDMENTS TO THE GREAT LAKES preceding January 1 of the year in which the protection and restoration using appropriate FISH AND WILDLIFE RESTORATION Director receives the application for the pro- principles and criteria, including whether a ACT OF 1990. posal or regional project.’’; program or project provides— (a) REFERENCES.—Except as otherwise ex- (B) by redesignating paragraphs (2) ‘‘(i) the ability to achieve strategic and pressly provided, wherever in this section an through (4) as paragraphs (3) through (5), re- measurable environmental outcomes that amendment is expressed in terms of an spectively; and implement the Great Lakes Action Plan and amendment to a section or other provision, (C) by inserting before paragraph (3) (as so the Great Lakes Water Quality Agreement; the reference shall be considered to be made redesignated) the following:

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‘‘(2) AUTHORIZED SOURCES OF NON-FEDERAL (B) by striking ‘‘Fishery Resources’’ each the impacts of land use and transportation SHARE.— place it appears and inserting ‘‘Fish and patterns developed in the last century; ‘‘(A) IN GENERAL.—The Director may deter- Wildlife Conservation’’; ‘‘(5) the alteration of wetland, wet mead- mine the non-Federal share under paragraph (3) by striking subsection (a); and ows, and stream zone habitat have com- (1) by taking into account— (4) by redesignating subsections (b) and (c) promised the capacity of the watershed to ‘‘(i) the appraised value of land or a con- as subsections (a) and (b), respectively. filter sediment, nutrients, and pollutants be- servation easement as described in subpara- (e) REPORTS.—Section 1008 (16 U.S.C. 941f) fore reaching Lake Tahoe; graph (B); or is amended— ‘‘(6) forests in the Lake Tahoe Basin suffer ‘‘(ii) as described in subparagraph (C), the (1) in subsection (a), in the matter pre- from over a century of fire damage and peri- costs associated with— ceding paragraph (1), by striking ‘‘2011’’ and odic drought, which have resulted in— ‘‘(I) land acquisition or securing a con- inserting ‘‘2021’’; ‘‘(A) high tree density and mortality; servation easement; and (2) in subsection (b)— ‘‘(B) the loss of biological diversity; and ‘‘(II) restoration or enhancement of that (A) in the matter preceding paragraph (1), ‘‘(C) a large quantity of combustible forest land or conservation easement. by striking ‘‘2007 through 2012’’ and inserting fuels, which significantly increases the ‘‘(B) APPRAISAL OF LAND OR CONSERVATION ‘‘2016 through 2020’’; and threat of catastrophic fire and insect infesta- EASEMENT.— (B) in paragraph (5), by inserting ‘‘the tion; ‘‘(i) IN GENERAL.—The value of land or a Great Lakes Restoration Initiative Action ‘‘(7) the establishment of several aquatic conservation easement may be used to sat- Plan based on’’ after ‘‘in support of’’; and and terrestrial invasive species (including isfy the non-Federal share of the cost of im- (3) by striking subsection (c) and inserting perennial pepperweed, milfoil, and Asian plementing a proposal or regional project re- the following: clam) threatens the ecosystem of the Lake quired under paragraph (1)(A) if the Director ‘‘(c) CONTINUED MONITORING AND ASSESS- Tahoe Basin; determines that the land or conservation MENT OF STUDY FINDINGS AND RECOMMENDA- ‘‘(8) there is an ongoing threat to the econ- easement— TIONS.—The Director— omy and ecosystem of the Lake Tahoe Basin ‘‘(I) meets the requirements of subsection ‘‘(1) shall continue to monitor the status, of the introduction and establishment of (b)(2); and the assessment, management, and res- other invasive species (such as yellow ‘‘(II) is acquired before the end of the grant toration needs, of the fish and wildlife re- starthistle, New Zealand mud snail, Zebra period of the proposal or regional project; sources of the Great Lakes Basin; and mussel, and quagga mussel); ‘‘(III) is held in perpetuity for the con- ‘‘(2) may reassess and update, as necessary, ‘‘(9) 78 percent of the land in the Lake servation purposes of the programs of the the findings and recommendations of the Re- Tahoe Basin is administered by the Federal United States Fish and Wildlife Service re- port.’’. Government, which makes it a Federal re- lated to the Great Lakes Basin, as described (f) AUTHORIZATION OF APPROPRIATIONS.— sponsibility to restore ecological health to in section 1006, by an accredited land trust or Section 1009 (16 U.S.C. 941g) is amended— the Lake Tahoe Basin; conservancy or a Federal, State, or tribal (1) in the matter preceding paragraph (1), ‘‘(10) the Federal Government has a long agency; by striking ‘‘2007 through 2012’’ and inserting history of environmental stewardship at ‘‘(IV) is connected either physically or ‘‘2016 through 2021’’; Lake Tahoe, including— through a conservation planning process to (2) in paragraph (1)— ‘‘(A) congressional consent to the estab- lishment of the Planning Agency with— the proposal or regional project; and (A) in the matter preceding subparagraph ‘‘(i) the enactment in 1969 of Public Law ‘‘(V) is appraised in accordance with clause (A), by striking ‘‘$14,000,000’’ and inserting 91–148 (83 Stat. 360); and (ii). ‘‘$6,000,000’’; ‘‘(ii) the enactment in 1980 of Public Law ‘‘(ii) APPRAISAL.—With respect to the ap- (B) in subparagraph (A), by striking 96–551 (94 Stat. 3233); praisal of land or a conservation easement ‘‘$4,600,000’’ and inserting ‘‘$2,000,000’’; and ‘‘(B) the establishment of the Lake Tahoe described in clause (i)— (C) in subparagraph (B), by striking Basin Management Unit in 1973; ‘‘(I) the appraisal valuation date shall be ‘‘$700,000’’ and inserting ‘‘$300,000’’; and ‘‘(C) the enactment of Public Law 96–586 (94 not later than 1 year after the price of the (3) in paragraph (2), by striking ‘‘the ac- Stat. 3381) in 1980 to provide for the acquisi- land or conservation easement was set under tivities of’’ and all that follows through ‘‘section 1007’’ and inserting ‘‘the activities tion of environmentally sensitive land and a contract; and erosion control grants in the Lake Tahoe ‘‘(II) the appraisal shall— of the Upper Great Lakes Fish and Wildlife Conservation Offices and the Lower Great Basin; ‘‘(aa) conform to the Uniform Standards of ‘‘(D) the enactment of sections 341 and 342 Professional Appraisal Practice (USPAP); Lakes Fish and Wildlife Conservation Office under section 1007’’. of the Department of the Interior and Re- and lated Agencies Appropriations Act, 2004 ‘‘(bb) be completed by a Federal- or State- (g) CONFORMING AMENDMENT.—Section 8 of the Great Lakes Fish and Wildlife Restora- (Public Law 108–108; 117 Stat. 1317), which certified appraiser. amended the Southern Nevada Public Land ‘‘(C) COSTS OF LAND ACQUISITION OR SECUR- tion Act of 2006 (16 U.S.C. 941 note; Public Law 109–326) is repealed. Management Act of 1998 (Public Law 105–263; ING CONSERVATION EASEMENT.— 112 Stat. 2346) to provide payments for the ‘‘(i) IN GENERAL.—All costs associated with PART II—LAKE TAHOE RESTORATION environmental restoration programs under land acquisition or securing a conservation SEC. 7621. FINDINGS AND PURPOSES. this Act; and easement and restoration or enhancement of The Lake Tahoe Restoration Act (Public ‘‘(E) the enactment of section 382 of the that land or conservation easement may be Law 106–506; 114 Stat. 2351) is amended by Tax Relief and Health Care Act of 2006 (Pub- used to satisfy the non-Federal share of the striking section 2 and inserting the fol- lic Law 109–432; 120 Stat. 3045), which amend- cost of implementing a proposal or regional lowing: ed the Southern Nevada Public Land Man- project required under paragraph (1)(A) if the ‘‘SEC. 2. FINDINGS AND PURPOSES. agement Act of 1998 (Public Law 105–263; 112 activities and expenses associated with the ‘‘(a) FINDINGS.—Congress finds that— Stat. 2346) to authorize development and im- land acquisition or securing the conservation ‘‘(1) Lake Tahoe— plementation of a comprehensive 10-year easement and restoration or enhancement of ‘‘(A) is one of the largest, deepest, and hazardous fuels and fire prevention plan for that land or conservation easement meet the clearest lakes in the world; the Lake Tahoe Basin; requirements of subparagraph (B)(i). ‘‘(B) has a cobalt blue color, a biologically ‘‘(11) the Assistant Secretary was an origi- ‘‘(ii) INCLUSION.—The costs referred to in diverse alpine setting, and remarkable water nal signatory in 1997 to the Agreement of clause (i) may include cash, in-kind con- clarity; and Federal Departments on Protection of the tributions, and indirect costs. ‘‘(C) is recognized nationally and world- Environment and Economic Health of the ‘‘(iii) EXCLUSION.—The costs referred to in wide as a natural resource of special signifi- Lake Tahoe Basin; clause (i) may not be costs associated with cance; ‘‘(12) the Chief of Engineers, under direc- mitigation or litigation (other than costs as- ‘‘(2) in addition to being a scenic and eco- tion from the Assistant Secretary, has con- sociated with the Natural Resource Damage logical treasure, the Lake Tahoe Basin is one tinued to be a significant contributor to Assessment program).’’. of the outstanding recreational resources of Lake Tahoe Basin restoration, including— (d) ESTABLISHMENT OF OFFICES.—Section the United States, which— ‘‘(A) stream and wetland restoration; and 1007 (16 U.S.C. 941e) is amended— ‘‘(A) offers skiing, water sports, biking, ‘‘(B) programmatic technical assistance; (1) in subsection (b)— camping, and hiking to millions of visitors ‘‘(13) at the Lake Tahoe Presidential (A) in the subsection heading, by striking each year; and Forum in 1997, the President renewed the ‘‘FISHERY RESOURCES’’ and inserting ‘‘FISH ‘‘(B) contributes significantly to the econo- commitment of the Federal Government to AND WILDLIFE CONSERVATION’’; and mies of California, Nevada, and the United Lake Tahoe by— (B) by striking ‘‘Fishery Resources’’ each States; ‘‘(A) committing to increased Federal re- place it appears and inserting ‘‘Fish and ‘‘(3) the economy in the Lake Tahoe Basin sources for ecological restoration at Lake Wildlife Conservation’’; is dependent on the conservation and res- Tahoe; and (2) in subsection (c)— toration of the natural beauty and recre- ‘‘(B) establishing the Federal Interagency (A) in the subsection heading, by striking ation opportunities in the area; Partnership and Federal Advisory Com- ‘‘FISHERY RESOURCES’’ and inserting ‘‘FISH ‘‘(4) the ecological health of the Lake mittee to consult on natural resources issues AND WILDLIFE CONSERVATION’’; and Tahoe Basin continues to be challenged by concerning the Lake Tahoe Basin;

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‘‘(14) at the 2011 and 2012 Lake Tahoe Fo- cluded in the first section of Public Law 96– ‘‘(17) WATERCRAFT.—The term ‘watercraft’ rums, Senator Reid, Senator Feinstein, Sen- 551 (94 Stat. 3233). means motorized and non-motorized ator Heller, Senator Ensign, Governor Gib- ‘‘(5) DIRECTORS.—The term ‘Directors’ watercraft, including boats, seaplanes, per- bons, Governor Sandoval, and Governor means— sonal watercraft, kayaks, and canoes.’’. Brown— ‘‘(A) the Director of the United States Fish SEC. 7623. IMPROVED ADMINISTRATION OF THE ‘‘(A) renewed their commitment to Lake and Wildlife Service; and LAKE TAHOE BASIN MANAGEMENT Tahoe; and ‘‘(B) the Director of the United States Geo- UNIT. ‘‘(B) expressed their desire to fund the Fed- logical Survey. Section 4 of the Lake Tahoe Restoration eral and State shares of the Environmental ‘‘(6) ENVIRONMENTAL IMPROVEMENT PRO- Act (Public Law 106–506; 114 Stat. 2353) is Improvement Program through 2022; GRAM.—The term ‘Environmental Improve- ‘‘(15) since 1997, the Federal Government, ment Program’ means— amended— the States of California and Nevada, units of ‘‘(A) the Environmental Improvement Pro- (1) in subsection (b)(3), by striking ‘‘basin’’ local government, and the private sector gram adopted by the Planning Agency; and and inserting ‘‘Basin’’; and have contributed more than $1,955,500,000 to ‘‘(B) any amendments to the Program. (2) by adding at the end the following: the Lake Tahoe Basin, including— ‘‘(7) ENVIRONMENTAL THRESHOLD CARRYING ‘‘(c) FOREST MANAGEMENT ACTIVITIES.— ‘‘(A) $635,400,000 from the Federal Govern- CAPACITY.—The term ‘environmental thresh- ‘‘(1) COORDINATION.— ment; old carrying capacity’ has the meaning given ‘‘(A) IN GENERAL.—In conducting forest ‘‘(B) $758,600,000 from the State of Cali- the term in Article II of the Compact. management activities in the Lake Tahoe fornia; ‘‘(8) FEDERAL PARTNERSHIP.—The term Basin Management Unit, the Secretary shall, ‘‘(C) $123,700,000 from the State of Nevada; ‘Federal Partnership’ means the Lake Tahoe as appropriate, coordinate with the Adminis- ‘‘(D) $98,900,000 from units of local govern- Federal Interagency Partnership established trator and State and local agencies and orga- ment; and by Executive Order 13057 (62 Fed. Reg. 41249) nizations, including local fire departments ‘‘(E) $338,900,000 from private interests; (or a successor Executive order). and volunteer groups. ‘‘(16) significant additional investment ‘‘(9) FOREST MANAGEMENT ACTIVITY.—The ‘‘(B) GOALS.—The coordination of activi- from Federal, State, local, and private term ‘forest management activity’ in- ties under subparagraph (A) should aim to sources is necessary— cludes— increase efficiencies and maximize the com- ‘‘(A) to restore and sustain the ecological ‘‘(A) prescribed burning for ecosystem patibility of management practices across health of the Lake Tahoe Basin; health and hazardous fuels reduction; public property boundaries. ‘‘(B) to adapt to the impacts of fluctuating ‘‘(B) mechanical and minimum tool treat- ‘‘(2) MULTIPLE BENEFITS.— water temperature and precipitation; and ment; ‘‘(A) IN GENERAL.—In conducting forest ‘‘(C) to prevent the introduction and estab- ‘‘(C) stream environment zone restoration management activities in the Lake Tahoe lishment of invasive species in the Lake and other watershed and wildlife habitat en- Basin Management Unit, the Secretary shall Tahoe Basin; and hancements; conduct the activities in a manner that— ‘‘(17) the Secretary has indicated that the ‘‘(D) nonnative invasive species manage- ‘‘(i) except as provided in subparagraph (B), Lake Tahoe Basin Management Unit has the ment; and attains multiple ecosystem benefits, includ- capacity for at least $10,000,000 annually for ‘‘(E) other activities consistent with For- ing— the Fire Risk Reduction and Forest Manage- est Service practices, as the Secretary deter- ‘‘(I) reducing forest fuels; ment Program. mines to be appropriate. ‘‘(II) maintaining biological diversity; ‘‘(b) PURPOSES.—The purposes of this Act ‘‘(10) MAPS.—The term ‘Maps’ means the ‘‘(III) improving wetland and water qual- are— maps— ity, including in Stream Environment Zones; ‘‘(1) to enable the Chief of the Forest Serv- ‘‘(A) entitled— and ice, the Director of the United States Fish ‘‘(i) ‘LTRA USFS–CA Land Exchange/ ‘‘(IV) increasing resilience to changing and Wildlife Service, and the Administrator, North Shore’; water temperature and precipitation; and in cooperation with the Planning Agency ‘‘(ii) ‘LTRA USFS–CA Land Exchange/West ‘‘(ii) helps achieve and maintain the envi- and the States of California and Nevada, to Shore’; and ronmental threshold carrying capacities es- fund, plan, and implement significant new ‘‘(iii) ‘LTRA USFS–CA Land Exchange/ tablished by the Planning Agency. environmental restoration activities and for- South Shore’; and ‘‘(B) EXCEPTION.—Notwithstanding sub- est management activities in the Lake ‘‘(B) dated January 4, 2016, and on file and paragraph (A)(i), the attainment of multiple Tahoe Basin; available for public inspection in the appro- ecosystem benefits shall not be required if ‘‘(2) to ensure that Federal, State, local, priate offices of— the Secretary determines that management regional, tribal, and private entities con- ‘‘(i) the Forest Service; for multiple ecosystem benefits would exces- tinue to work together to manage land in ‘‘(ii) the California Tahoe Conservancy; sively increase the cost of a program in rela- the Lake Tahoe Basin; and tion to the additional ecosystem benefits ‘‘(3) to support local governments in efforts ‘‘(iii) the California Department of Parks gained from the management activity. related to environmental restoration, and Recreation. ‘‘(3) GROUND DISTURBANCE.—Consistent stormwater pollution control, fire risk re- ATIONAL WILDLAND FIRE CODE.—The ‘‘(11) N with applicable Federal law and Lake Tahoe duction, and forest management activities; term ‘national wildland fire code’ means— Basin Management Unit land and resource and ‘‘(A) the most recent publication of the Na- management plan direction, the Secretary ‘‘(4) to ensure that agency and science tional Fire Protection Association codes shall— community representatives in the Lake numbered 1141, 1142, 1143, and 1144; ‘‘(A) establish post-program ground condi- Tahoe Basin work together— ‘‘(B) the most recent publication of the tion criteria for ground disturbance caused ‘‘(A) to develop and implement a plan for International Wildland-Urban Interface Code by forest management activities; and integrated monitoring, assessment, and ap- of the International Code Council; or ‘‘(B) provide for monitoring to ascertain plied research to evaluate the effectiveness ‘‘(C) any other code that the Secretary de- the attainment of the post-program condi- of the Environmental Improvement Pro- termines provides the same, or better, stand- tions. gram; and ards for protection against wildland fire as a ‘‘(B) to provide objective information as a code described in subparagraph (A) or (B). ‘‘(d) WITHDRAWAL OF FEDERAL LAND.— basis for ongoing decisionmaking, with an ‘‘(12) PLANNING AGENCY.—The term ‘Plan- ‘‘(1) IN GENERAL.—Subject to valid existing emphasis on decisionmaking relating to re- ning Agency’ means the Tahoe Regional rights and paragraph (2), the Federal land lo- source management in the Lake Tahoe Planning Agency established under Public cated in the Lake Tahoe Basin Management Basin.’’. Law 91–148 (83 Stat. 360) and Public Law 96– Unit is withdrawn from— SEC. 7622. DEFINITIONS. 551 (94 Stat. 3233). ‘‘(A) all forms of entry, appropriation, or The Lake Tahoe Restoration Act (Public ‘‘(13) PRIORITY LIST.—The term ‘Priority disposal under the public land laws; Law 106–506; 114 Stat. 2351) is amended by List’ means the environmental restoration ‘‘(B) location, entry, and patent under the striking section 3 and inserting the fol- priority list developed under section 5(b). mining laws; and lowing: ‘‘(14) SECRETARY.—The term ‘Secretary’ ‘‘(C) disposition under all laws relating to ‘‘SEC. 3. DEFINITIONS. means the Secretary of Agriculture, acting mineral and geothermal leasing. ‘‘In this Act: through the Chief of the Forest Service. ‘‘(2) EXCEPTIONS.—A conveyance of land ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- ‘‘(15) STREAM ENVIRONMENT ZONE.—The shall be exempt from withdrawal under this trator’ means the Administrator of the Envi- term ‘Stream Environment Zone’ means an subsection if carried out under— ronmental Protection Agency. area that generally owes the biological and ‘‘(A) this Act; or ‘‘(2) ASSISTANT SECRETARY.—The term ‘As- physical characteristics of the area to the ‘‘(B) Public Law 96–586 (94 Stat. 3381) (com- sistant Secretary’ means the Assistant Sec- presence of surface water or groundwater. monly known as the ‘Santini-Burton Act’). retary of the Army for Civil Works. ‘‘(16) TOTAL MAXIMUM DAILY LOAD.—The ‘‘(e) ENVIRONMENTAL THRESHOLD CARRYING ‘‘(3) CHAIR.—The term ‘Chair’ means the term ‘total maximum daily load’ means the CAPACITY.—The Lake Tahoe Basin Manage- Chair of the Federal Partnership. total maximum daily load allocations adopt- ment Unit shall support the attainment of ‘‘(4) COMPACT.—The term ‘Compact’ means ed under section 303(d) of the Federal Water the environmental threshold carrying capac- the Tahoe Regional Planning Compact in- Pollution Control Act (33 U.S.C. 1313(d)). ities.

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‘‘(f) COOPERATIVE AUTHORITIES.—During shall be made available to the Secretary to the Nevada Department of Wildlife, shall de- the 4 fiscal years following the date of enact- carry out, including by making grants, the ploy strategies consistent with the Lake ment of the Water Resources Development following programs: Tahoe Aquatic Invasive Species Management Act of 2016, the Secretary, in conjunction ‘‘(i) Programs identified as part of the Plan to prevent the introduction or spread of with land adjustment programs, may enter Lake Tahoe Basin Multi-Jurisdictional Fuel aquatic invasive species in the Lake Tahoe into contracts and cooperative agreements Reduction and Wildfire Prevention Strategy region. with States, units of local government, and 10-Year Plan. ‘‘(C) CRITERIA.—The strategies referred to other public and private entities to provide ‘‘(ii) Competitive grants for fuels work to in subparagraph (B) shall provide that— for fuel reduction, erosion control, reforest- be awarded by the Secretary to communities ‘‘(i) combined inspection and decontamina- ation, Stream Environment Zone restora- that have adopted national wildland fire tion stations be established and operated at tion, and similar management activities on codes to implement the applicable portion of not less than 2 locations in the Lake Tahoe Federal land and non-Federal land within the 10-year plan described in clause (i). region; and the programs.’’. ‘‘(iii) Biomass programs, including feasi- ‘‘(ii) watercraft not be allowed to launch in SEC. 7624. AUTHORIZED PROGRAMS. bility assessments. waters of the Lake Tahoe region if the The Lake Tahoe Restoration Act (Public ‘‘(iv) Angora Fire Restoration under the watercraft has not been inspected in accord- Law 106–506; 114 Stat. 2351) is amended by jurisdiction of the Secretary. striking section 5 and inserting the fol- ‘‘(v) Washoe Tribe programs on tribal lands ance with the Lake Tahoe Aquatic Invasive lowing: within the Lake Tahoe Basin. Species Management Plan. ‘‘SEC. 5. AUTHORIZED PROGRAMS. ‘‘(vi) Development of an updated Lake ‘‘(D) CERTIFICATION.—The Planning Agency ‘‘(a) IN GENERAL.—The Secretary, the As- Tahoe Basin multijurisdictional fuel reduc- may certify State and local agencies to per- sistant Secretary, the Directors, and the Ad- tion and wildfire prevention strategy, con- form the decontamination activities de- ministrator, in coordination with the Plan- sistent with section 4(c). scribed in subparagraph (C)(i) at locations ning Agency and the States of California and ‘‘(vii) Development of updated community outside the Lake Tahoe Basin if standards at Nevada, may carry out or provide financial wildfire protection plans by local fire dis- the sites meet or exceed standards for simi- assistance to any program that— tricts. lar sites in the Lake Tahoe Basin established ‘‘(1) is described in subsection (d); ‘‘(viii) Municipal water infrastructure that under this paragraph. ‘‘(2) is included in the Priority List under significantly improves the firefighting capa- ‘‘(E) APPLICABILITY.—The strategies and subsection (b); and bility of local government within the Lake criteria developed under this paragraph shall ‘‘(3) furthers the purposes of the Environ- Tahoe Basin. apply to all watercraft to be launched on mental Improvement Program if the pro- ‘‘(ix) Stewardship end result contracting water within the Lake Tahoe region. gram has been subject to environmental re- projects carried out under section 604 of the ‘‘(F) FEES.—The Director of the United view and approval, respectively, as required Healthy Forests Restoration Act of 2003 (16 States Fish and Wildlife Service may collect under Federal law, Article VII of the Com- U.S.C. 6591c). and spend fees for decontamination only at a pact, and State law, as applicable. ‘‘(B) MINIMUM ALLOCATION.—Of the level sufficient to cover the costs of oper- ‘‘(b) PRIORITY LIST.— amounts made available to the Secretary to ation of inspection and decontamination sta- ‘‘(1) DEADLINE.—Not later than March 15 of carry out subparagraph (A), at least tions under this paragraph. the year after the date of enactment of the $100,000,000 shall be used by the Secretary for ‘‘(G) CIVIL PENALTIES.— Water Resources Development Act of 2016, programs under subparagraph (A)(i). ‘‘(i) IN GENERAL.—Any person that the Chair, in consultation with the Sec- ‘‘(C) PRIORITY.—Units of local government launches, attempts to launch, or facilitates retary, the Administrator, the Directors, the that have dedicated funding for inspections launching of watercraft not in compliance Planning Agency, the States of California and enforcement of defensible space regula- with strategies deployed under this para- and Nevada, the Federal Partnership, the tions shall be given priority for amounts pro- graph shall be liable for a civil penalty in an Washoe Tribe, the Lake Tahoe Federal Advi- vided under this paragraph. amount not to exceed $1,000 per violation. sory Committee, and the Tahoe Science Con- ‘‘(D) COST-SHARING REQUIREMENTS.— ‘‘(ii) OTHER AUTHORITIES.—Any penalties sortium (or a successor organization) shall ‘‘(i) IN GENERAL.—As a condition on the re- assessed under this subparagraph shall be submit to Congress a prioritized Environ- ceipt of funds, communities or local fire dis- separate from penalties assessed under any mental Improvement Program list for the tricts that receive funds under this para- other authority. Lake Tahoe Basin for the program categories graph shall provide a 25-percent match. ‘‘(H) LIMITATION.—The strategies and cri- described in subsection (d). ‘‘(ii) FORM OF NON-FEDERAL SHARE.— teria under subparagraphs (B) and (C), re- ‘‘(2) CRITERIA.—The ranking of the Priority ‘‘(I) IN GENERAL.—The non-Federal share spectively, may be modified if the Secretary List shall be based on the best available required under clause (i) may be in the form of the Interior, in a nondelegable capacity of cash contributions or in-kind contribu- science and the following criteria: and in consultation with the Planning Agen- tions, including providing labor, equipment, ‘‘(A) The 4-year threshold carrying capac- cy and State governments, issues a deter- supplies, space, and other operational needs. ity evaluation. mination that alternative measures will be ‘‘(II) CREDIT FOR CERTAIN DEDICATED FUND- ‘‘(B) The ability to measure progress or no less effective at preventing introduction ING.—There shall be credited toward the non- success of the program. of aquatic invasive species into Lake Tahoe Federal share required under clause (i) any ‘‘(C) The potential to significantly con- than the strategies and criteria developed tribute to the achievement and maintenance dedicated funding of the communities or local fire districts for a fuels reduction man- under subparagraphs (B) and (C), respec- of the environmental threshold carrying ca- tively. pacities identified in Article II of the Com- agement program, defensible space inspec- ‘‘(I) SUPPLEMENTAL AUTHORITY.—The au- pact. tions, or dooryard chipping. ‘‘(III) DOCUMENTATION.—Communities and thority under this paragraph is supplemental ‘‘(D) The ability of a program to provide to all actions taken by non-Federal regu- multiple benefits. local fire districts shall— latory authorities. ‘‘(E) The ability of a program to leverage ‘‘(aa) maintain a record of in-kind con- ‘‘(J) SAVINGS CLAUSE.—Nothing in this title non-Federal contributions. tributions that describes— restricts, affects, or amends any other law or ‘‘(F) Stakeholder support for the program. ‘‘(AA) the monetary value of the in-kind the authority of any department, instrumen- ‘‘(G) The justification of Federal interest. contributions; and tality, or agency of the United States, or any ‘‘(H) Agency priority. ‘‘(BB) the manner in which the in-kind State or political subdivision thereof, re- ‘‘(I) Agency capacity. contributions assist in accomplishing pro- specting the control of invasive species. ‘‘(J) Cost-effectiveness. gram goals and objectives; and ‘‘(3) STORMWATER MANAGEMENT, EROSION ‘‘(K) Federal funding history. ‘‘(bb) document in all requests for Federal CONTROL, AND TOTAL WATERSHED RESTORA- ‘‘(3) REVISIONS.—The Priority List sub- funding, and include in the total program TION.—Of the amounts made available under mitted under paragraph (1) shall be revised budget, evidence of the commitment to pro- every 2 years. vide the non-Federal share through in-kind section 10(a), $113,000,000 shall be made avail- able— ‘‘(4) FUNDING.—Of the amounts made avail- contributions. able under section 10(a), $80,000,000 shall be ‘‘(2) INVASIVE SPECIES MANAGEMENT.— ‘‘(A) to the Secretary, the Secretary of the made available to the Secretary to carry out ‘‘(A) IN GENERAL.—Of the amounts made Interior, the Assistant Secretary, or the Ad- projects listed on the Priority List. available under section 10(a), $45,000,000 shall ministrator for the Federal share of ‘‘(c) RESTRICTION.—The Administrator be made available to the Director of the stormwater management and related pro- shall use not more than 3 percent of the United States Fish and Wildlife Service for grams consistent with the adopted Total funds provided under subsection (a) for ad- the Aquatic Invasive Species Program and Maximum Daily Load and near-shore water ministering the programs described in para- the watercraft inspections described in sub- quality goals; graphs (1) and (2) of subsection (d). paragraph (B). ‘‘(B) for grants by the Secretary and the ‘‘(d) DESCRIPTION OF ACTIVITIES.— ‘‘(B) DESCRIPTION OF ACTIVITIES.—The Di- Administrator to carry out the programs de- ‘‘(1) FIRE RISK REDUCTION AND FOREST MAN- rector of the United States Fish and Wildlife scribed in subparagraph (A); AGEMENT.— Service, in coordination with the Assistant ‘‘(C) to the Secretary or the Assistant Sec- ‘‘(A) IN GENERAL.—Of the amounts made Secretary, the Planning Agency, the Cali- retary for the Federal share of the Upper available under section 10(a), $150,000,000 fornia Department of Fish and Wildlife, and Truckee River restoration programs and

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AUTHORIZATION OF APPROPRIATIONS. graph (C). under this section for monitoring and assess- The Lake Tahoe Restoration Act (Public ‘‘(4) SPECIAL STATUS SPECIES MANAGE- ment of results at the program level; and Law 106–506; 114 Stat. 2351) is amended by MENT.—Of the amounts made available under ‘‘(3) use the integrated multiagency per- striking section 10 (as redesignated by sec- section 10(a), $20,000,000 shall be made avail- formance measures established under this tion 7626(a)(2)) and inserting the following: section. able to the Director of the United States ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. Fish and Wildlife Service for the Lahontan ‘‘(e) REPORTING REQUIREMENTS.—Not later than March 15 of each year, the Secretary, in ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— Cutthroat Trout Recovery Program.’’. There is authorized to be appropriated to SEC. 7625. PROGRAM PERFORMANCE AND AC- cooperation with the Chair, the Adminis- trator, the Directors, the Planning Agency, carry out this Act $415,000,000 for a period of COUNTABILITY. 10 fiscal years beginning the first fiscal year The Lake Tahoe Restoration Act (Public and the States of California and Nevada, con- after the date of enactment of the Water Re- Law 106–506; 114 Stat. 2351) is amended by sistent with subsection (a), shall submit to sources Development Act of 2016. striking section 6 and inserting the fol- Congress a report that describes— ‘‘(b) EFFECT ON OTHER FUNDS.—Amounts lowing: ‘‘(1) the status of all Federal, State, local, and private programs authorized under this authorized under this section and any ‘‘SEC. 6. PROGRAM PERFORMANCE AND AC- amendments made by this Act— COUNTABILITY. Act, including to the maximum extent prac- ‘‘(1) shall be in addition to any other ‘‘(a) PROGRAM PERFORMANCE AND ACCOUNT- ticable, for programs that will receive Fed- amounts made available to the Secretary, ABILITY.— eral funds under this Act during the current the Administrator, or the Directors for ex- ‘‘(1) IN GENERAL.—Of the amounts made or subsequent fiscal year— available under section 10(a), not less than ‘‘(A) the program scope; penditure in the Lake Tahoe Basin; and $5,000,000 shall be made available to the Sec- ‘‘(B) the budget for the program; and ‘‘(2) shall not reduce allocations for other retary to carry out this section. ‘‘(C) the justification for the program, con- Regions of the Forest Service, the Environ- mental Protection Agency, or the United ‘‘(2) PLANNING AGENCY.—Of the amounts de- sistent with the criteria established in sec- scribed in paragraph (1), not less than 50 per- tion 5(b)(2); States Fish and Wildlife Service. cent shall be made available to the Planning ‘‘(2) Federal, State, local, and private ex- ‘‘(c) COST-SHARING REQUIREMENT.—Except Agency to carry out the program oversight penditures in the preceding fiscal year to im- as provided in subsection (d) and section and coordination activities established under plement the Environmental Improvement 5(d)(1)(D), funds for activities carried out subsection (d). Program; under section 5 shall be available for obliga- ‘‘(b) CONSULTATION.—In carrying out this ‘‘(3) accomplishments in the preceding fis- tion on a 1-to-1 basis with funding of restora- Act, the Secretary, the Administrator, and cal year in implementing this Act in accord- tion activities in the Lake Tahoe Basin by the Directors shall, as appropriate and in a ance with the performance measures and the States of California and Nevada. timely manner, consult with the heads of the other monitoring and assessment activities; ‘‘(d) RELOCATION COSTS.—Notwithstanding Washoe Tribe, applicable Federal, State, re- and subsection (c), the Secretary shall provide to gional, and local governmental agencies, and ‘‘(4) public education and outreach efforts local utility districts 2⁄3 of the costs of relo- the Lake Tahoe Federal Advisory Com- undertaken to implement programs author- cating facilities in connection with— mittee. ized under this Act. ‘‘(1) environmental restoration programs ‘‘(c) CORPS OF ENGINEERS; INTERAGENCY ‘‘(f) ANNUAL BUDGET PLAN.—As part of the under sections 5 and 6; and AGREEMENTS.— annual budget of the President, the Presi- ‘‘(2) erosion control programs under sec- ‘‘(1) IN GENERAL.—The Assistant Secretary dent shall submit information regarding tion 2 of Public Law 96–586 (94 Stat. 3381). may enter into interagency agreements with each Federal agency involved in the Envi- ‘‘(e) SIGNAGE.—To the maximum extent non-Federal interests in the Lake Tahoe ronmental Improvement Program (including practicable, a program provided assistance Basin to use Lake Tahoe Partnership-Mis- the Forest Service, the Environmental Pro- under this Act shall include appropriate cellaneous General Investigations funds to tection Agency, the United States Fish and signage at the program site that— provide programmatic technical assistance Wildlife Service, the United States Geologi- ‘‘(1) provides information to the public for the Environmental Improvement Pro- cal Survey, and the Corps of Engineers), in- on— gram. cluding— ‘‘(A) the amount of Federal funds being ‘‘(1) an interagency crosscut budget that ‘‘(2) LOCAL COOPERATION AGREEMENTS.— provided to the program; and displays the proposed budget for use by each ‘‘(A) IN GENERAL.—Before providing tech- ‘‘(B) this Act; and nical assistance under this section, the As- Federal agency in carrying out restoration ‘‘(2) displays the visual identity mark of sistant Secretary shall enter into a local co- activities relating to the Environmental Im- the Environmental Improvement Program.’’. provement Program for the following fiscal operation agreement with a non-Federal in- SEC. 7628. LAND TRANSFERS TO IMPROVE MAN- year; terest to provide for the technical assist- AGEMENT EFFICIENCIES OF FED- ‘‘(2) a detailed accounting of all amounts ance. ERAL AND STATE LAND. received and obligated by Federal agencies ‘‘(B) COMPONENTS.—The agreement entered Section 3(b) of Public Law 96–586 (94 Stat. to achieve the goals of the Environmental into under subparagraph (A) shall— 3384) (commonly known as the ‘‘Santini-Bur- Improvement Program during the preceding ‘‘(i) describe the nature of the technical as- ton Act’’) is amended— fiscal year; and sistance; (1) by striking ‘‘(b) Lands’’ and inserting ‘‘(3) a description of the Federal role in the ‘‘(ii) describe any legal and institutional the following: Environmental Improvement Program, in- structures necessary to ensure the effective ‘‘(b) ADMINISTRATION OF ACQUIRED LAND.— cluding the specific role of each agency in- long-term viability of the end products by ‘‘(1) IN GENERAL.—Land’’; and volved in the restoration of the Lake Tahoe (2) by adding at the end the following: the non-Federal interest; and Basin.’’. ‘‘(iii) include cost-sharing provisions in ac- ‘‘(2) CALIFORNIA CONVEYANCES.— SEC. 7626. CONFORMING AMENDMENTS; UP- ‘‘(A) IN GENERAL.—If the State of Cali- cordance with subparagraph (C). DATES TO RELATED LAWS. fornia (acting through the California Tahoe ‘‘(C) FEDERAL SHARE.— (a) LAKE TAHOE RESTORATION ACT.—The Conservancy and the California Department ‘‘(i) IN GENERAL.—The Federal share of pro- Lake Tahoe Restoration Act (Public Law of Parks and Recreation) offers to donate to gram costs under each local cooperation 106–506; 114 Stat. 2351) is amended— the United States the non-Federal land de- agreement under this paragraph shall be 65 (1) by striking sections 8 and 9; scribed in subparagraph (B)(i), the Sec- percent. (2) by redesignating sections 10, 11, and 12 retary— ‘‘(ii) FORM.—The Federal share may be in as sections 8, 9, and 10, respectively; and ‘‘(i) may accept the offer; and the form of reimbursements of program (3) in section 9 (as redesignated by para- ‘‘(ii) convey to the State of California, sub- costs. graph (2)) by inserting ‘‘, Director, or Admin- ject to valid existing rights and for no con- ‘‘(iii) CREDIT.—The non-Federal interest istrator’’ after ‘‘Secretary’’. may receive credit toward the non-Federal (b) TAHOE REGIONAL PLANNING COMPACT.— sideration, all right, title, and interest of the share for the reasonable costs of related Subsection (c) of Article V of the Tahoe Re- United States in and to the Federal land. technical activities completed by the non- gional Planning Compact (Public Law 96–551; ‘‘(B) DESCRIPTION OF LAND.— Federal interest before entering into a local 94 Stat. 3240) is amended in the third sen- ‘‘(i) NON-FEDERAL LAND.—The non-Federal cooperation agreement with the Assistant tence by inserting ‘‘and, in so doing, shall land referred to in subparagraph (A) in- Secretary under this paragraph. ensure that the regional plan reflects chang- cludes— ‘‘(d) EFFECTIVENESS EVALUATION AND MONI- ing economic conditions and the economic ‘‘(I) the approximately 1,936 acres of land TORING.—In carrying out this Act, the Sec- effect of regulation on commerce’’ after administered by the California Tahoe Con- retary, the Administrator, and the Directors, ‘‘maintain the regional plan’’. servancy and identified on the Maps as in coordination with the Planning Agency (c) TREATMENT UNDER TITLE 49, UNITED ‘Tahoe Conservancy to the USFS’; and and the States of California and Nevada, STATES CODE.—Section 5303(r)(2)(C) of title ‘‘(II) the approximately 183 acres of land shall— 49, United States Code, is amended— administered by California State Parks and

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identified on the Maps as ‘Total USFS to ‘‘(A) CONVEYANCE AUTHORITY.—Except in ‘‘(ii) the development and implementation California’. the case of land described in paragraphs (2) of adaptation strategies to reduce those ‘‘(ii) FEDERAL LAND.—The Federal land re- and (3), the Secretary of Agriculture may vulnerabilities; and ferred to in subparagraph (A) includes the convey any urban lot within the Lake Tahoe ‘‘(iii) the identification and assessment of approximately 1,995 acres of Forest Service Basin under the administrative jurisdiction the impacts of sea level rise on water qual- land identified on the Maps as ‘U.S. Forest of the Forest Service. ity, habitat, and infrastructure; and Service to Conservancy and State Parks’. ‘‘(B) CONSIDERATION.—A conveyance under ‘‘(K) planning initiatives for Long Island ‘‘(C) CONDITIONS.—Any land conveyed subparagraph (A) shall require consideration Sound that identify the areas that are most under this paragraph shall— in an amount equal to the fair market value suitable for various types or classes of ac- ‘‘(i) be for the purpose of consolidating of the conveyed lot. tivities in order to reduce conflicts among Federal and State ownerships and improving ‘‘(C) AVAILABILITY AND USE.—The proceeds uses, reduce adverse environmental impacts, management efficiencies; from a conveyance under subparagraph (A) facilitate compatible uses, or preserve crit- ‘‘(ii) not result in any significant changes shall be retained by the Secretary of Agri- ical ecosystem services to meet economic, in the uses of the land; and culture and used for— environmental, security, or social objec- ‘‘(iii) be subject to the condition that the ‘‘(i) purchasing inholdings throughout the tives;’’; applicable deed include such terms, restric- Lake Tahoe Basin; or (C) by striking paragraph (4) and inserting tions, covenants, conditions, and reserva- ‘‘(ii) providing additional funds to carry the following: tions as the Secretary determines nec- out the Lake Tahoe Restoration Act (Public ‘‘(4) develop and implement strategies to essary— Law 106–506; 114 Stat. 2351) in excess of increase public education and awareness ‘‘(I) to ensure compliance with this Act; amounts made available under section 10 of with respect to the ecological health and and that Act. water quality conditions of Long Island ‘‘(II) to ensure that the transfer of develop- ‘‘(D) OBLIGATION LIMIT.—The obligation Sound;’’; ment rights associated with the conveyed and expenditure of proceeds retained under (D) in paragraph (5), by inserting ‘‘study’’ parcels shall not be recognized or available this paragraph shall be subject to such fiscal after ‘‘conference’’; for transfer under chapter 51 of the Code of year limitation as may be specified in an Act (E) in paragraph (6)— Ordinances for the Tahoe Regional Planning making appropriations for the Forest Serv- (i) by inserting ‘‘(including on the Inter- Agency. ice for a fiscal year. net)’’ after ‘‘the public’’; and ‘‘(D) CONTINUATION OF SPECIAL USE PER- ‘‘(5) REVERSION.—If a parcel of land trans- (ii) by inserting ‘‘study’’ after ‘‘con- MITS.—The land conveyance under this para- ferred under paragraph (2) or (3) is used in a ference’’; and graph shall be subject to the condition that manner that is inconsistent with the use de- (F) by striking paragraph (7) and inserting the State of California accept all special use scribed for the parcel of land in paragraph (2) the following: permits applicable, as of the date of enact- or (3), respectively, the parcel of land, shall, ‘‘(7) monitor the progress made toward ment of the Water Resources Development at the discretion of the Secretary, revert to meeting the identified goals, actions, and Act of 2016, to the land described in subpara- the United States. schedules of the Comprehensive Conserva- graph (B)(ii) for the duration of the special ‘‘(6) FUNDING.— tion and Management Plan, including use permits, and subject to the terms and ‘‘(A) IN GENERAL.—Of the amounts made through the implementation and support of a conditions of the special use permits. available under section 10(a) of the Lake monitoring system for the ecological health ‘‘(3) NEVADA CONVEYANCES.— Tahoe Restoration Act (Public Law 106–506; and water quality conditions of Long Island ‘‘(A) IN GENERAL.—In accordance with this 114 Stat. 2351), $2,000,000 shall be made avail- Sound; and’’; section and on request by the Governor of able to the Secretary to carry out the activi- (3) in subsection (d)(3), in the second sen- Nevada, the Secretary may transfer the land ties under paragraphs (2), (3), and (4). tence, by striking ‘‘50 per centum’’ and in- or interests in land described in subpara- ‘‘(B) OTHER FUNDS.—Of the amounts avail- serting ‘‘60 percent’’; graph (B) to the State of Nevada without able to the Secretary under paragraph (1), (4) by redesignating subsection (f) as sub- consideration, subject to appropriate deed not less than 50 percent shall be provided to section (i); and restrictions to protect the environmental the California Tahoe Conservancy to facili- quality and public recreational use of the (5) by inserting after subsection (e) the fol- land transferred. tate the conveyance of land described in lowing: paragraphs (2) and (3).’’. ‘‘(B) DESCRIPTION OF LAND.—The land re- ‘‘(f) REPORT.— ferred to in subparagraph (A) includes— PART III—LONG ISLAND SOUND ‘‘(1) IN GENERAL.—Not later than 2 years ‘‘(i) the approximately 38.68 acres of Forest RESTORATION after the date of enactment of the Water Re- Service land identified on the map entitled SEC. 7631. RESTORATION AND STEWARDSHIP sources Development Act of 2016, and bienni- ‘State of Nevada Conveyances’ as ‘Van Sick- PROGRAMS. ally thereafter, the Director of the Office, in le Unit USFS Inholding’; and (a) LONG ISLAND SOUND RESTORATION PRO- consultation with the Governor of each Long ‘‘(ii) the approximately 92.28 acres of For- GRAM.—Section 119 of the Federal Water Pol- Island Sound State, shall submit to Congress est Service land identified on the map enti- lution Control Act (33 U.S.C. 1269) is amend- a report that— tled ‘State of Nevada Conveyances’ as ‘Lake ed— ‘‘(A) summarizes and assesses the progress Tahoe Nevada State Park USFS Inholding’. (1) in subsection (b), by striking the sub- made by the Office and the Long Island ‘‘(C) CONDITIONS.—Any land conveyed section designation and heading and all that Sound States in implementing the Long Is- under this paragraph shall— follows through ‘‘The Office shall’’ and in- land Sound Comprehensive Conservation and ‘‘(i) be for the purpose of consolidating serting the following: Management Plan, including an assessment Federal and State ownerships and improving ‘‘(b) OFFICE.— of the progress made toward meeting the management efficiencies; ‘‘(1) ESTABLISHMENT.—The Administrator performance goals and milestones contained ‘‘(ii) not result in any significant changes shall— in the Plan; in the uses of the land; and ‘‘(A) continue to carry out the conference ‘‘(B) assesses the key ecological attributes ‘‘(iii) be subject to the condition that the study; and that reflect the health of the ecosystem of applicable deed include such terms, restric- ‘‘(B) establish an office, to be located on or the Long Island Sound watershed; tions, covenants, conditions, and reserva- near Long Island Sound. ‘‘(C) describes any substantive modifica- tions as the Secretary determines nec- ‘‘(2) ADMINISTRATION AND STAFFING.—The tions to the Long Island Sound Comprehen- essary— Office shall’’; sive Conservation and Management Plan ‘‘(I) to ensure compliance with this Act; (2) in subsection (c)— made during the 2-year period preceding the and (A) in the matter preceding paragraph (1), date of submission of the report; ‘‘(II) to ensure that the development rights by striking ‘‘Management Conference of the ‘‘(D) provides specific recommendations to associated with the conveyed parcels shall Long Island Sound Study’’ and inserting improve progress in restoring and protecting not be recognized or available for transfer ‘‘conference study’’; the Long Island Sound watershed, including, under section 90.2 of the Code of Ordinances (B) in paragraph (2)— as appropriate, proposed modifications to the for the Tahoe Regional Planning Agency. (i) in each of subparagraphs (A) through Long Island Sound Comprehensive Conserva- ‘‘(D) CONTINUATION OF SPECIAL USE PER- (G), by striking the commas at the end of the tion and Management Plan; MITS.—The land conveyance under this para- subparagraphs and inserting semicolons; ‘‘(E) identifies priority actions for imple- graph shall be subject to the condition that (ii) in subparagraph (H), by striking ‘‘, mentation of the Long Island Sound Com- the State of Nevada accept all special use and’’ and inserting a semicolon; prehensive Conservation and Management permits applicable, as of the date of enact- (iii) in subparagraph (I), by striking the pe- Plan for the 2-year period following the date ment of the Water Resources Development riod at the end and inserting a semicolon; of submission of the report; and Act of 2016, to the land described in subpara- and ‘‘(F) describes the means by which Federal graph (B)(ii) for the duration of the special (iv) by adding at the end the following: funding and actions will be coordinated with use permits, and subject to the terms and ‘‘(J) environmental impacts on the Long the actions of the Long Island Sound States conditions of the special use permits. Island Sound watershed, including— and other entities. ‘‘(4) AUTHORIZATION FOR CONVEYANCE OF ‘‘(i) the identification and assessment of ‘‘(2) PUBLIC AVAILABILITY.—The Adminis- FOREST SERVICE URBAN LOTS.— vulnerabilities in the watershed; trator shall make the report described in

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(B) by redesignating subsections (b) est concentration of shorebirds in North ‘‘(g) ANNUAL BUDGET PLAN.—The President through (d) as subsections (a) through (c), re- America and is designated as one of the 4 shall submit, together with the annual budg- spectively; and most important shorebird migration sites in et of the United States Government sub- (C) in subsection (a) (as so redesignated), the world; mitted under section 1105(a) of title 31, by striking ‘‘under this section each’’ and in- (10) the Basin, 50 percent of which is for- United States Code, information regarding serting ‘‘to carry out this Act for a’’. ested, also has over 700,000 acres of wetland, each Federal department and agency in- (4) EFFECTIVE DATE.—The amendments more than 126,000 acres of which are recog- volved in the protection and restoration of made by this subsection take effect on Octo- nized as internationally important, resulting the Long Island Sound watershed, includ- ber 1, 2011. in a landscape that provides essential eco- ing— SEC. 7632. REAUTHORIZATION. system services, including recreation, com- ‘‘(1) an interagency crosscut budget that (a) IN GENERAL.—There are authorized to mercial, and water quality benefits; displays for each department and agency— be appropriated to the Administrator such (11) much of the remaining exemplary nat- ‘‘(A) the amount obligated during the pre- sums as are necessary for each of fiscal years ural landscape in the Basin is vulnerable to ceding fiscal year for protection and restora- 2017 through 2021 for the implementation of— further degradation, as the Basin gains ap- tion projects and studies relating to the wa- (1) section 119 of the Federal Water Pollu- proximately 10 square miles of developed tershed; tion Control Act (33 U.S.C. 1269), other than land annually, and with new development, ‘‘(B) the estimated budget for the current subsection (d) of that section; and urban watersheds are increasingly covered fiscal year for protection and restoration (2) the Long Island Sound Stewardship Act by impervious surfaces, amplifying the quan- projects and studies relating to the water- of 2006 (33 U.S.C. 1269 note; Public Law 109– tity of polluted runoff into rivers and shed; and 359). streams; ‘‘(C) the proposed budget for succeeding (b) LONG ISLAND SOUND GRANTS.—There is (12) the Delaware River is the longest fiscal years for protection and restoration authorized to be appropriated to the Admin- undammed river east of the Mississippi; a projects and studies relating to the water- istrator to carry out section 119(d) of the critical component of the National Wild and shed; and Federal Water Pollution Control Act (33 Scenic Rivers System in the Northeast, with ‘‘(2) a summary of any proposed modifica- U.S.C. 1269(d)) $40,000,000 for each of fiscal more than 400 miles designated; home to one tions to the Long Island Sound Comprehen- years 2017 through 2021. of the most heavily visited National Park sive Conservation and Management Plan for (c) LONG ISLAND SOUND STEWARDSHIP units in the United States, the Delaware the following fiscal year. GRANTS.—There is authorized to be appro- Water Gap National Recreation Area; and ‘‘(h) FEDERAL ENTITIES.— priated to the Administrator to carry out the location of 6 National Wildlife Refuges; ‘‘(1) COORDINATION.—The Administrator the Long Island Sound Stewardship Act of (13) the Delaware River supports an inter- shall coordinate the actions of all Federal 2006 (33 U.S.C. 1269 note; Public Law 109–359) nationally renowned cold water fishery in departments and agencies that impact water $25,000,000 for each of fiscal years 2017 more than 80 miles of its northern head- quality in the Long Island Sound watershed through 2021. waters that attracts tens of thousands of in order to improve the water quality and PART IV—DELAWARE RIVER BASIN visitors each year and generates over living resources of the watershed. CONSERVATION $21,000,000 in annual revenue through tour- ‘‘(2) METHODS.—In carrying out this sec- SEC. 7641. FINDINGS. ism and recreational activities; tion, the Administrator, acting through the Congress finds that— (14) management of water volume in the Director of the Office, may— (1) the Delaware River Basin is a national Basin is critical to flood mitigation and ‘‘(A) enter into interagency agreements; treasure of great cultural, environmental, habitat for fish and wildlife, and following 3 and ecological, and economic importance; major floods along the Delaware River since ‘‘(B) make intergovernmental personnel (2) the Basin contains over 12,500 square 2004, the Governors of the States of Dela- appointments. miles of land in the States of Delaware, New ware, New Jersey, New York, and Pennsyl- ‘‘(3) FEDERAL PARTICIPATION IN WATERSHED Jersey, New York, and Pennsylvania, includ- vania have called for natural flood damage PLANNING.—A Federal department or agency ing nearly 800 square miles of bay and more reduction measures to combat the problem, that owns or occupies real property, or car- than 2,000 tributary rivers and streams; including restoring the function of riparian ries out activities, within the Long Island (3) the Basin is home to more than 8,000,000 corridors; Sound watershed shall participate in re- people who depend on the Delaware River (15) the Delaware River Port Complex (in- gional and subwatershed planning, protec- and the Delaware Bay as an economic en- cluding docking facilities in the States of tion, and restoration activities with respect gine, a place of recreation, and a vital habi- Delaware, New Jersey, and Pennsylvania) is to the watershed. tat for fish and wildlife; one of the largest freshwater ports in the ‘‘(4) CONSISTENCY WITH COMPREHENSIVE CON- (4) the Basin provides clean drinking water world, the Port of Philadelphia handles the SERVATION AND MANAGEMENT PLAN.—To the to more than 15,000,000 people, including New largest volume of international tonnage and maximum extent practicable, the head of York City, which relies on the Basin for ap- 70 percent of the oil shipped to the East each Federal department and agency that proximately half of the drinking water sup- Coast, and the Port of Wilmington, a full- owns or occupies real property, or carries ply of the city, and Philadelphia, whose most service deepwater port and marine terminal out activities, within the Long Island Sound significant threat to the drinking water sup- supporting more than 12,000 jobs, is the busi- watershed shall ensure that the property and ply of the city is loss of forests and other est terminal on the Delaware River, handling all activities carried out by the department natural cover in the Upper Basin, according more than 400 vessels per year with an an- or agency are consistent with the Long Is- to a study conducted by the Philadelphia nual import/export cargo tonnage of more land Sound Comprehensive Conservation and Water Department; than 4,000,000 tons; Management Plan (including any related (5) the Basin contributes $25,000,000,000 an- (16) the Delaware Estuary, where fresh- subsequent agreements and plans).’’. nually in economic activity, provides water from the Delaware River mixes with (b) LONG ISLAND SOUND STEWARDSHIP PRO- $21,000,000,000 in ecosystem goods and serv- saltwater from the Atlantic Ocean, is one of GRAM.— ices per year, and is directly or indirectly re- the largest and most complex of the 28 estu- (1) LONG ISLAND SOUND STEWARDSHIP ADVI- sponsible for 600,000 jobs with $10,000,000,000 aries in the National Estuary Program, and SORY COMMITTEE.—Section 8 of the Long Is- in annual wages; the Partnership for the Delaware Estuary land Sound Stewardship Act of 2006 (33 U.S.C. (6) almost 180 species of fish and wildlife works to improve the environmental health 1269 note; Public Law 109–359) is amended— are considered special status species in the of the Delaware Estuary; (A) in subsection (g), by striking ‘‘2011’’ Basin due to habitat loss and degradation, (17) the Delaware River Basin Commission and inserting ‘‘2021’’; and particularly sturgeon, eastern oyster, horse- is a Federal-interstate compact government (B) by adding at the end the following: shoe crabs, and red knots, which have been agency charged with overseeing a unified ap- ‘‘(h) NONAPPLICABILITY OF FACA.—The identified as unique species in need of habi- proach to managing the river system and im- Federal Advisory Committee Act (5 U.S.C. tat improvement; plementing important water resources man- App.) shall not apply to— (7) the Basin provides habitat for over 200 agement projects and activities throughout ‘‘(1) the Advisory Committee; or resident and migrant fish species, includes the Basin that are in the national interest; ‘‘(2) any board, committee, or other group significant recreational fisheries, and is an (18) restoration activities in the Basin are established under this Act.’’. important source of eastern oyster, blue supported through several Federal and State (2) REPORTS.—Section 9(b)(1) of the Long crab, and the largest population of the Amer- agency programs, and funding for those im- Island Sound Stewardship Act of 2006 (33 ican horseshoe crab; portant programs should continue and com- U.S.C. 1269 note; Public Law 109–359) is (8) the annual dockside value of commer- plement the establishment of the Delaware amended in the matter preceding subpara- cial eastern oyster fishery landings for the River Basin Restoration Program, which is graph (A) by striking ‘‘2011’’ and inserting Delaware Estuary is nearly $4,000,000, mak- intended to build on and help coordinate res- ‘‘2021’’. ing it the fourth most lucrative fishery in toration and protection funding mechanisms (3) AUTHORIZATION.—Section 11 of the Long the Delaware River Basin watershed, and at the Federal, State, regional, and local lev- Island Sound Stewardship Act of 2006 (33 proven management strategies are available els; and U.S.C. 1269 note; Public Law 109–359) is to increase oyster habitat, abundance, and (19) the existing and ongoing voluntary amended— harvest; conservation efforts in the Delaware River

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Basin necessitate improved efficiency and (D) the Chief of Engineers; and (d) ADMINISTRATION.— cost effectiveness, as well as increased pri- (E) the head of any other applicable agen- (1) IN GENERAL.—The Secretary may enter vate-sector investments and coordination of cy; into an agreement to manage the grant pro- Federal and non-Federal resources. (2) the Governors of the Basin States; gram with the National Fish and Wildlife SEC. 7642. DEFINITIONS. (3) the Partnership for the Delaware Estu- Foundation or a similar organization that In this part: ary; offers grant management services. (1) BASIN.—The term ‘‘Basin’’ means the 4- (4) the Delaware River Basin Commission; (2) FUNDING.—If the Secretary enters into State Delaware Basin region, including all of (5) fish and wildlife joint venture partner- an agreement under paragraph (1), the orga- Delaware Bay and portions of the States of ships; and nization selected shall— Delaware, New Jersey, New York, and Penn- (6) other public agencies and organizations (A) for each fiscal year, receive amounts to sylvania located in the Delaware River wa- with authority for the planning and imple- carry out this section in an advance pay- tershed. mentation of conservation strategies in the ment of the entire amount on October 1, or (2) BASIN STATE.—The term ‘‘Basin State’’ Basin. as soon as practicable thereafter, of that fis- means each of the States of Delaware, New (d) PURPOSES.—The purposes of the pro- cal year; Jersey, New York, and Pennsylvania. gram include— (B) invest and reinvest those amounts for (3) DIRECTOR.—The term ‘‘Director’’ means (1) coordinating restoration and protection the benefit of the grant program; and the Director of the United States Fish and activities among Federal, State, local, and (C) otherwise administer the grant pro- Wildlife Service. regional entities and conservation partners gram to support partnerships between the (4) FOUNDATION.—The term ‘‘Foundation’’ throughout the Basin; and public and private sectors in accordance with means the National Fish and Wildlife Foun- (2) carrying out coordinated restoration this part. dation, a congressionally chartered founda- and protection activities, and providing for (3) REQUIREMENTS.—If the Secretary enters tion established by section 2 of the National technical assistance throughout the Basin into an agreement with the Foundation Fish and Wildlife Foundation Establishment and Basin States— under paragraph (1), any amounts received Act (16 U.S.C. 3701). (A) to sustain and enhance fish and wildlife by the Foundation under this section shall (5) GRANT PROGRAM.—The term ‘‘grant pro- habitat restoration and protection activities; be subject to the National Fish and Wildlife gram’’ means the voluntary Delaware River (B) to improve and maintain water quality Foundation Establishment Act (16 U.S.C. Basin Restoration Grant Program estab- to support fish and wildlife, as well as the 3701 et seq.), excluding section 10(a) of that lished under section 7644. habitats of fish and wildlife, and drinking Act (16 U.S.C. 3709(a)). (6) PROGRAM.—The term ‘‘program’’ means water for people; SEC. 7645. ANNUAL REPORTS. the nonregulatory Delaware River Basin res- (C) to sustain and enhance water manage- Not later than 180 days after the date of toration program established under section ment for volume and flood damage mitiga- enactment of this Act and annually there- 7643. tion improvements to benefit fish and wild- after, the Secretary shall submit to Congress (7) RESTORATION AND PROTECTION.—The life habitat; a report on the implementation of this part, term ‘‘restoration and protection’’ means (D) to improve opportunities for public ac- including a description of each project that the conservation, stewardship, and enhance- cess and recreation in the Basin consistent has received funding under this part. ment of habitat for fish and wildlife to pre- with the ecological needs of fish and wildlife SEC. 7646. AUTHORIZATION OF APPROPRIATIONS. serve and improve ecosystems and ecological habitat; (a) IN GENERAL.—There is authorized to be processes on which they depend, and for use (E) to facilitate strategic planning to appropriated to the Secretary to carry out and enjoyment by the public. maximize the resilience of natural systems this part $5,000,000 for each of fiscal years (8) SECRETARY.—The term ‘‘Secretary’’ and habitats under changing watershed con- 2017 through 2022. means the Secretary of the Interior, acting ditions; (b) USE.—Of any amount made available through the Director. (F) to engage the public through outreach, under this section for each fiscal year, the (9) SERVICE.—The term ‘‘Service’’ means education, and citizen involvement, to in- Secretary shall use at least 75 percent to the United States Fish and Wildlife Service. crease capacity and support for coordinated carry out the grant program under section SEC. 7643. PROGRAM ESTABLISHMENT. restoration and protection activities in the 7644 and to provide, or provide for, technical (a) ESTABLISHMENT.—Not later than 180 Basin; assistance under that program. days after the date of enactment of this Act, (G) to increase scientific capacity to sup- PART V—COLUMBIA RIVER BASIN the Secretary shall establish a nonregula- port the planning, monitoring, and research RESTORATION activities necessary to carry out coordinated tory program to be known as the ‘‘Delaware SEC. 7651. COLUMBIA RIVER BASIN RESTORA- River Basin restoration program’’. restoration and protection activities; and TION. (b) DUTIES.—In carrying out the program, (H) to provide technical assistance to carry Title I of the Federal Water Pollution Con- the Secretary shall— out restoration and protection activities in trol Act (33 U.S.C. 1251 et seq.) is amended by (1) draw on existing and new management the Basin. adding at the end the following: plans for the Basin, or portions of the Basin, SEC. 7644. GRANTS AND ASSISTANCE. ‘‘SEC. 123. COLUMBIA RIVER BASIN RESTORA- and work in consultation with applicable (a) DELAWARE RIVER BASIN RESTORATION TION. management entities, including representa- GRANT PROGRAM.—To the extent that funds ‘‘(a) DEFINITIONS.— tives of the Partnership for the Delaware Es- are available to carry out this section, the ‘‘(1) COLUMBIA RIVER BASIN.—The term ‘Co- tuary, the Delaware River Basin Commis- Secretary shall establish a voluntary grant lumbia River Basin’ means the entire United sion, the Federal Government, and other and technical assistance program to be States portion of the Columbia River water- State and local governments, and regional known as the ‘‘Delaware River Basin Res- shed. and nonprofit organizations, as appropriate, toration Grant Program’’ to provide com- ‘‘(2) ESTUARY PARTNERSHIP.—The term ‘Es- to identify, prioritize, and implement res- petitive matching grants of varying amounts tuary Partnership’ means the Lower Colum- toration and protection activities within the to State and local governments, nonprofit bia Estuary Partnership, an entity created Basin; organizations, institutions of higher edu- by the States of Oregon and Washington and (2) adopt a Basinwide strategy that— cation, and other eligible entities to carry the Environmental Protection Agency under (A) supports the implementation of a out activities described in section 7643(d). section 320. shared set of science-based restoration and (b) CRITERIA.—The Secretary, in consulta- ‘‘(3) ESTUARY PLAN.— protection activities developed in accordance tion with the organizations described in sec- ‘‘(A) IN GENERAL.—The term ‘Estuary Plan’ with paragraph (1); tion 7643(c), shall develop criteria for the means the Estuary Partnership Comprehen- (B) targets cost-effective projects with grant program to help ensure that activities sive Conservation and Management Plan measurable results; and funded under this section accomplish one or adopted by the Environmental Protection (C) maximizes conservation outcomes with more of the purposes identified in section Agency and the Governors of Oregon and no net gain of Federal full-time equivalent 7643(d)(2) and advance the implementation of Washington on October 20, 1999, under sec- employees; and priority actions or needs identified in the tion 320. (3) establish the voluntary grant and tech- Basinwide strategy adopted under section ‘‘(B) INCLUSION.—The term ‘Estuary Plan’ nical assistance programs in accordance with 7643(b)(2). includes any amendments to the plan. section 7644. (c) COST SHARING.— ‘‘(4) LOWER COLUMBIA RIVER ESTUARY.—The (c) COORDINATION.—In establishing the pro- (1) FEDERAL SHARE.—The Federal share of term ‘Lower Columbia River Estuary’ means gram, the Secretary shall consult, as appro- the cost of a project funded under the grant the mainstem Columbia River from the Bon- priate, with— program shall not exceed 50 percent of the neville Dam to the Pacific Ocean and tidally (1) the heads of Federal agencies, includ- total cost of the activity, as determined by influenced portions of tributaries to the Co- ing— the Secretary. lumbia River in that region. (A) the Administrator; (2) NON-FEDERAL SHARE.—The non-Federal ‘‘(5) MIDDLE AND UPPER COLUMBIA RIVER (B) the Administrator of the National Oce- share of the cost of a project funded under BASIN.—The term ‘Middle and Upper Colum- anic and Atmospheric Administration; the grant program may be provided in cash bia River Basin’ means the region consisting (C) the Chief of the Natural Resources Con- or in the form of an in-kind contribution of of the United States portion of the Columbia servation Service; services or materials. River Basin above Bonneville Dam.

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‘‘(6) PROGRAM.—The term ‘Program’ means ‘‘(B) review the progress and effectiveness ‘‘(5) RELATIONSHIP TO OTHER FUNDING.— the Columbia River Basin Restoration Pro- of projects and actions implemented. ‘‘(A) IN GENERAL.—Nothing in this sub- gram established under subsection (b)(1)(A). ‘‘(5) LOWER COLUMBIA RIVER ESTUARY.— section limits the eligibility of the Estuary ‘‘(b) COLUMBIA RIVER BASIN RESTORATION ‘‘(A) ESTUARY PARTNERSHIP.—The Estuary Partnership to receive funding under section PROGRAM.— Partnership shall perform the duties and ful- 320(g). ‘‘(1) ESTABLISHMENT.— fill the responsibilities of the Working Group ‘‘(B) LIMITATION.—None of the funds made ‘‘(A) IN GENERAL.—The Administrator shall described in paragraph (4) as those duties available under this subsection may be used establish within the Environmental Protec- and responsibilities relate to the Lower Co- for the administration of a management con- tion Agency a Columbia River Basin Res- lumbia River Estuary for such time as the ference under section 320. toration Program. Estuary Partnership is the management con- ‘‘(e) ANNUAL BUDGET PLAN.—The President, ‘‘(B) EFFECT.— ference for the Lower Columbia River Na- as part of the annual budget submission of ‘‘(i) The establishment of the Program does tional Estuary Program under section 320. the President to Congress under section not modify any legal or regulatory authority ‘‘(B) DESIGNATION.—If the Estuary Partner- 1105(a) of title 31, United States Code, shall or program in effect as of the date of enact- ship ceases to be the management conference submit information regarding each Federal ment of this section, including the roles of for the Lower Columbia River National Estu- agency involved in protection and restora- Federal agencies in the Columbia River ary Program under section 320, the Adminis- tion of the Columbia River Basin, including Basin. trator may designate the new management an interagency crosscut budget that displays ‘‘(ii) This section does not create any new conference to assume the duties and respon- for each Federal agency— regulatory authority. sibilities of the Working Group described in ‘‘(1) the amounts obligated for the pre- ‘‘(2) SCOPE OF PROGRAM.—The Program paragraph (4) as those duties and responsibil- ceding fiscal year for protection and restora- shall consist of a collaborative stakeholder- ities relate to the Lower Columbia River Es- tion projects, programs, and studies relating based program for environmental protection tuary. to the Columbia River Basin; and restoration activities throughout the ‘‘(C) INCORPORATION.—If the Estuary Part- ‘‘(2) the estimated budget for the current Columbia River Basin. nership is removed from the National Estu- fiscal year for protection and restoration ‘‘(3) DUTIES.—The Administrator shall— ary Program, the duties and responsibilities projects, programs, and studies relating to ‘‘(A) assess trends in water quality, includ- for the lower 146 miles of the Columbia River the Columbia River Basin; and ing trends that affect uses of the water of the pursuant to this Act shall be incorporated ‘‘(3) the proposed budget for protection and Columbia River Basin; into the duties of the Working Group. restoration projects, programs, and studies ‘‘(B) collect, characterize, and assess data ‘‘(d) GRANTS.— relating to the Columbia River Basin.’’. on water quality to identify possible causes ‘‘(1) IN GENERAL.—The Administrator shall Subtitle G—Innovative Water Infrastructure of environmental problems; and establish a voluntary, competitive Columbia Workforce Development ‘‘(C) provide grants in accordance with sub- River Basin program to provide grants to SEC. 7701. INNOVATIVE WATER INFRASTRUC- section (d) for projects that assist in— State governments, tribal governments, re- TURE WORKFORCE DEVELOPMENT ‘‘(i) eliminating or reducing pollution; gional water pollution control agencies and PROGRAM. ‘‘(ii) cleaning up contaminated sites; entities, local government entities, non- (a) GRANTS AUTHORIZED.—The Adminis- ‘‘(iii) improving water quality; governmental entities, or soil and water con- trator shall establish a competitive grant ‘‘(iv) monitoring to evaluate trends; servation districts to develop or implement program to assist the development of innova- ‘‘(v) reducing runoff; projects authorized under this section for the tive activities relating to workforce develop- ‘‘(vi) protecting habitat; or purpose of environmental protection and res- ment in the water utility sector. ‘‘(vii) promoting citizen engagement or toration activities throughout the Columbia (b) SELECTION OF GRANT RECIPIENTS.—In knowledge. River Basin. awarding grants under subsection (a), the ‘‘(c) STAKEHOLDER WORKING GROUP.— ‘‘(2) FEDERAL SHARE.— Administrator shall, to the maximum extent ‘‘(1) ESTABLISHMENT.—The Administrator ‘‘(A) IN GENERAL.—Except as provided in practicable, select water utilities that— shall establish a Columbia River Basin Res- subparagraph (B), the Federal share of the (1) are geographically diverse; toration Working Group (referred to in this cost of any project or activity carried out (2) address the workforce and human re- subsection as the ‘Working Group’). using funds from a grant provided to any sources needs of large and small public water ‘‘(2) MEMBERSHIP.— person (including a State, tribal, or local and wastewater utilities; ‘‘(A) IN GENERAL.—Membership in the government or interstate or regional agency) (3) address the workforce and human re- Working Group shall be on a voluntary basis under this subsection for a fiscal year— sources needs of urban and rural public and any person invited by the Administrator ‘‘(i) shall not exceed 75 percent of the total water and wastewater utilities; under this subsection may decline member- cost of the project or activity; and (4) advance training relating to construc- ship. ‘‘(ii) shall be made on condition that the tion, utility operations, treatment and dis- ‘‘(B) INVITED REPRESENTATIVES.—The Ad- non-Federal share of that total cost shall be tribution, green infrastructure, customer ministrator shall invite, at a minimum, rep- provided from non-Federal sources. service, maintenance, and engineering; and resentatives of— ‘‘(B) EXCEPTIONS.—With respect to cost- (5)(A) have a high retiring workforce rate; ‘‘(i) each State located in whole or in part sharing for a grant provided under this sub- or within the Columbia River Basin; section— (B) are located in areas with a high unem- ‘‘(ii) the Governors of each State located in ‘‘(i) a tribal government may use Federal ployment rate. whole or in part with the Columbia River funds for the non-Federal share; and (c) USE OF FUNDS.—Grants awarded under Basin; ‘‘(ii) the Administrator may increase the subsection (a) may be used for activities ‘‘(iii) each federally recognized Indian tribe Federal share under such circumstances as such as— in the Columbia River Basin; the Administrator determines to be appro- (1) targeted internship, apprenticeship, ‘‘(iv) local governments located in the Co- priate. preapprenticeship, and post-secondary bridge lumbia River Basin; ‘‘(3) ALLOCATION.—In making grants using programs for mission-critical skilled trades, ‘‘(v) industries operating in the Columbia funds appropriated to carry out this section, in collaboration with labor organizations, River Basin that affect or could affect water the Administrator shall— community colleges, and other training and quality; ‘‘(A) provide not less than 25 percent of the education institutions that provide— ‘‘(vi) electric, water, and wastewater utili- funds to make grants for projects, programs, (A) on-the-job training; ties operating in the Columba River Basin; and studies in the Lower Columbia River Es- (B) soft and hard skills development; ‘‘(vii) private landowners in the Columbia tuary; (C) test preparation for skilled trade ap- River Basin; ‘‘(B) provide not less than 25 percent of the prenticeships; or ‘‘(viii) soil and water conservation districts funds to make grants for projects, programs, (D) other support services to facilitate in the Columbia River Basin; and studies in the Middle and Upper Colum- post-secondary success; ‘‘(ix) nongovernmental organizations that bia River Basin, which includes the Snake (2) kindergarten through 12th grade and have a presence in the Columbia River Basin; River Basin; and young adult education programs that— ‘‘(x) the general public in the Columbia ‘‘(C) retain for Environmental Protection (A) educate young people about the role of River Basin; and Agency not more than 5 percent of the funds water and wastewater utilities in the com- ‘‘(xi) the Estuary Partnership. for purposes of implementing this section. munities of the young people; ‘‘(3) GEOGRAPHIC REPRESENTATION.—The ‘‘(4) REPORTING.— (B) increase the career awareness and expo- Working Group shall include representatives ‘‘(A) IN GENERAL.—Each grant recipient sure of the young people to water utility ca- from— under this subsection shall submit to the Ad- reers through various work-based learning ‘‘(A) each State; and ministrator reports on progress being made opportunities inside and outside the class- ‘‘(B) each of the Lower, Middle, and Upper in achieving the purposes of this section. room; and Basins of the Columbia River. ‘‘(B) REQUIREMENTS.—The Administrator (C) connect young people to post-secondary ‘‘(4) DUTIES AND RESPONSIBILITIES.—The shall establish requirements and timelines career pathways related to water utilities; Working Group shall— for recipients of grants under this subsection (3) regional industry and workforce devel- ‘‘(A) recommend and prioritize projects to report on progress made in achieving the opment collaborations to identify water util- and actions; and purposes of this section. ity employment needs, map existing career

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(C) direct connection to industry employ- ministrator determines that— ‘‘(4) PROHIBITION ON OPEN DUMPING.— ers; and ‘‘(I) a revision or correction to the permit program or other system of prior approval ‘‘(A) IN GENERAL.—Except as provided in (5) leadership development, occupational subparagraph (B)(i) and subject to subpara- training, mentoring, or cross-training pro- and conditions of the State is required for graph (B)(ii), the Administrator may use the grams that ensure that incumbent water and the State to achieve compliance with the re- authority provided by sections 3007 and 3008 wastewater utilities workers are prepared for quirements of subparagraph (B); to enforce the prohibition against open higher-level supervisory or management- ‘‘(II) the State has not adopted and imple- dumping contained in subsection (a) with re- level positions. mented an adequate permit program or other spect to a coal combustion residual unit. (d) AUTHORIZATION OF APPROPRIATIONS.— system of prior approval and conditions for There is authorized to be appropriated to the each coal combustion residual unit located ‘‘(B) FEDERAL ENFORCEMENT IN APPROVED Administrator to carry out this section in the State to ensure compliance with the STATE.— $1,000,000 for each of fiscal years 2017 through requirements of subparagraph (B); or ‘‘(i) IN GENERAL.—In the case of a coal com- 2021. ‘‘(III) the State has, at any time, approved bustion residual unit located in a State that or failed to revoke a permit under this sub- is approved to operate a permit program or Subtitle H—Offset section that would lead to the violation of a other system of prior approval and condi- SEC. 7801. OFFSET. law to protect human health or the environ- tions under paragraph (1)(B), the Adminis- None of the funds available to the Sec- ment of any other State. trator may commence an administrative or retary of Energy to provide any credit sub- ‘‘(iii) WITHDRAWAL.— judicial enforcement action under section sidy under subsection (d) of section 136 of the ‘‘(I) IN GENERAL.—The Administrator shall 3008 if— Energy Independence and Security Act of withdraw approval of a State permit pro- ‘‘(I) the State requests that the Adminis- 2007 (42 U.S.C. 17013) as of the date of enact- gram or other system of prior approval and trator provide assistance in the performance ment of this Act shall be obligated for new conditions if, after the Administrator pro- of the enforcement action; or loan commitments under that subsection on vides notice and an opportunity for a public ‘‘(II) after consideration of any other ad- or after October 1, 2020. hearing to the relevant State under clause ministrative or judicial enforcement action TITLE VIII—MISCELLANEOUS PROVISIONS (ii), the Administrator determines that the involving the coal combustion residual unit, SEC. 8001. APPROVAL OF STATE PROGRAMS FOR State has not corrected the deficiency. the Administrator determines that an en- CONTROL OF COAL COMBUSTION ‘‘(II) REINSTATEMENT OF STATE APPROVAL.— forcement action is likely to be necessary to RESIDUALS. Any withdrawal of approval under subclause ensure that the coal combustion residual Section 4005 of the Solid Waste Disposal (I) shall cease to be effective on the date on unit is operating in accordance with the cri- Act (42 U.S.C. 6945) is amended by adding at which the Administrator makes a determina- teria established under the permit program the end the following: tion that the State permit program or other or other system of prior approval and condi- ‘‘(d) STATE PROGRAMS FOR CONTROL OF system of prior approval and conditions com- tions. COAL COMBUSTION RESIDUALS.— plies with the requirements of subparagraph ‘‘(ii) NOTIFICATION.—In the case of an en- ‘‘(1) APPROVAL BY ADMINISTRATOR.— (B). forcement action by the Administrator ‘‘(A) IN GENERAL.—Each State may submit ‘‘(2) NONPARTICIPATING STATES.— under clause (i)(II), before issuing an order or to the Administrator, in such form as the ‘‘(A) DEFINITION OF NONPARTICIPATING commencing a civil action, the Adminis- Administrator may establish, evidence of a STATE.—In this paragraph, the term ‘non- trator shall notify the State in which the permit program or other system of prior ap- participating State’ means a State— coal combustion residual unit is located. proval and conditions under State law for ‘‘(i) for which the Administrator has not regulation by the State of coal combustion approved a State permit program or other ‘‘(iii) ANNUAL REPORT TO CONGRESS.—Not residual units that are located in the State system of prior approval and conditions later than December 31, 2017, and December in lieu of a Federal program under this sub- under paragraph (1)(B); 31 of each year thereafter, the Administrator section. ‘‘(ii) the Governor of which has not sub- shall submit to the Committee on Environ- ‘‘(B) REQUIREMENT.—Not later than 90 days mitted to the Administrator for approval ment and Public Works of the Senate and after the date on which a State submits the evidence to operate a State permit program the Committee on Energy and Commerce of evidence described in subparagraph (A), the or other system of prior approval and condi- the House of Representatives a report that Administrator shall approve, in whole or in tions under paragraph (1)(A); describes any enforcement action com- part, a permit program or other system of ‘‘(iii) the Governor of which has provided menced under clause (i)(II), including a de- prior approval and conditions submitted notice to the Administrator that, not fewer scription of the basis for the enforcement ac- under subparagraph (A) if the Administrator than 90 days after the date on which the Gov- tion. determines that the program or other sys- ernor provides notice to the Administrator, ‘‘(5) INDIAN COUNTRY.—The Administrator tem requires each coal combustion residual the State relinquishes an approval under may establish and carry out a permit pro- unit located in the State to achieve compli- paragraph (1)(B) to operate a permit program gram, in accordance with this subsection, for ance with— or other system of prior approval and condi- coal combustion residual units in Indian ‘‘(i) the applicable criteria for coal com- tions; or country (as defined in section 1151 of title 18, bustion residual units under part 257 of title ‘‘(iv) for which the Administrator has United States Code) to require each coal 40, Code of Federal Regulations (or successor withdrawn approval for a permit program or combustion residual unit located in Indian regulations), promulgated pursuant to sec- other system of prior approval and condi- country to achieve compliance with the ap- tions 1008(a)(3) and 4004(a); or tions under paragraph (1)(D)(iii). plicable criteria established by the Adminis- ‘‘(ii) such other State criteria that the Ad- ‘‘(B) PERMIT PROGRAM.—In the case of a trator under part 257 of title 40, Code of Fed- ministrator, after consultation with the nonparticipating State for which the Admin- eral Regulations (or successor regulations). State, determines to be at least as protective istrator makes a determination that the ‘‘(6) TREATMENT OF COAL COMBUSTION RESID- as the criteria described in clause (i). nonparticipating State lacks the capacity to UAL UNITS.—A coal combustion residual unit ‘‘(C) PERMIT REQUIREMENTS.—The Adminis- implement a permit program or other sys- shall be considered to be a sanitary landfill trator may approve under subparagraph tem of prior approval and conditions and for purposes of subsection (a) only if the coal (B)(ii) a State permit program or other sys- subject to the availability of appropriations, combustion residual unit is operating in ac- tem of prior approval and conditions that al- the Administrator may implement a permit cordance with— lows a State to include technical standards program to require each coal combustion re- ‘‘(A) the requirements established pursu- for individual permits or conditions of ap- sidual unit located in the nonparticipating ant to a program for which an approval is proval that differ from the technical stand- State to achieve compliance with applicable provided by—

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‘‘(i) the State in accordance with a pro- (6) AMENDED PERMIT APPLICATION.—The (i) Atoka. gram or system approved under paragraph term ‘‘amended permit application’’ means (ii) Bryan. (1)(B); or the permit application of the City to the (iii) Carter. ‘‘(ii) the Administrator pursuant to para- OWRB, No. 2007–17, as amended as provided (iv) Choctaw. graph (2)(B) or paragraph (5); or by the Settlement Agreement. (v) Coal. ‘‘(B) the applicable criteria for coal com- (7) AMENDED STORAGE CONTRACT TRANSFER (vi) Garvin. bustion residual units under part 257 of title AGREEMENT; AMENDED STORAGE CONTRACT.— (vii) Grady. 40, Code of Federal Regulations (or successor The terms ‘‘amended storage contract trans- (viii) McClain. regulations), promulgated pursuant to sec- fer agreement’’ and ‘‘amended storage con- (ix) Murray. tions 1008(a)(3) and 4004(a). tract’’ mean the 2010 Agreement between the (x) Haskell. ‘‘(7) EFFECT OF SUBSECTION.—Nothing in City, the Trust, and the OWRB, as amended, (xi) Hughes. this subsection affects any authority, regu- as provided by the Settlement Agreement (xii) Jefferson. latory determination, other law, or legal ob- and this section. (xiii) Johnston. ligation in effect on the day before the date (8) ATOKA AND SARDIS CONSERVATION (xiv) Latimer. of enactment of the Water Resources Devel- PROJECTS FUND.—The term ‘‘Atoka and Sar- (xv) LeFlore. opment Act of 2016.’’. dis Conservation Projects Fund’’ means the (xvi) Love. Atoka and Sardis Conservation Projects SEC. 8002. CHOCTAW NATION OF OKLAHOMA AND (xvii) Marshall. THE CHICKASAW NATION WATER Fund established, funded, and managed in (xviii) McCurtain. SETTLEMENT. accordance with the Settlement Agreement. (xix) Pittsburgh. (9) CITY.—The term ‘‘City’’ means the City (a) PURPOSES.—The purposes of this section (xx) Pontotoc. are— of Oklahoma City, or the City and the Trust (xxi) Pushmataha. acting jointly, as applicable. (1) to permanently resolve and settle those (xxii) Stephens. (10) CITY PERMIT.—The term ‘‘City permit’’ claims to Settlement Area Waters of the (19) SETTLEMENT AREA WATERS.—The term means any permit issued to the City by the Choctaw Nation of Oklahoma and the Chick- ‘‘settlement area waters’’ means the waters OWRB pursuant to the amended permit ap- asaw Nation as set forth in the Settlement located— plication and consistent with the Settlement Agreement and this section, including all (A) within the settlement area; and Agreement. claims or defenses in and to Chickasaw Na- (B) within a basin depicted in Exhibit 10 to (11) CONSERVATION STORAGE CAPACITY.—The tion, Choctaw Nation v. Fallin et al., CIV 11– the Settlement Agreement, including any of term ‘‘conservation storage capacity’’ means 927 (W.D. Ok.), OWRB v. United States, et al. the following basins as denominated in the the total storage space as stated in the 1974 CIV 12–275 (W.D. Ok.), or any future stream 2012 Update of the Oklahoma Comprehensive storage contract in Sardis Lake between ele- adjudication; Water Plan: vations 599.0 feet above mean sea level and (2) to approve, ratify, and confirm the Set- (i) Beaver Creek (24, 25, and 26). 542.0 feet above mean sea level, which is esti- (ii) Blue (11 and 12). tlement Agreement; mated to contain 297,200 acre-feet of water (3) to authorize and direct the Secretary of (iii) Clear Boggy (9). after adjustment for sediment deposits, and (iv) Kiamichi (5 and 6). the Interior to execute the Settlement which may be used for municipal and indus- (v) Lower Arkansas (46 and 47). Agreement and to perform all obligations of trial water supply, fish and wildlife, and (vi) Lower Canadian (48, 56, 57, and 58). the Secretary of the Interior under the Set- recreation. (vii) Lower Little (2). tlement Agreement and this section; (12) ENFORCEABILITY DATE.—The term ‘‘en- (viii) Lower Washita (14). (4) to approve, ratify, and confirm the forceability date’’ means the date on which (ix) Mountain Fork (4). amended storage contract among the State, the Secretary of the Interior publishes in the (x) Middle Washita (15 and 16). the City and the Trust; Federal Register a notice certifying that the (xi) Mud Creek (23). (5) to authorize and direct the Secretary to conditions of subsection (i) have been satis- (xii) Muddy Boggy (7 and 8). approve the amended storage contract for fied. (xiii) Poteau (44 and 45). the Corps of Engineers to perform all obliga- (13) FUTURE USE STORAGE.—The term ‘‘fu- tions under the 1974 storage contract, the ture use storage’’ means that portion of the (xiv) Red River Mainstem (1, 10, 13, and 21). amended storage contract, and this section; conservation storage capacity that was des- (xv) Upper Little (3). and ignated by the 1974 Contract to be utilized (xvi) Walnut Bayou (22). (6) to authorize all actions necessary for for future water use storage and was esti- (20) STATE.—The term ‘‘State’’ means the the United States to meet its obligations mated to contain 155,500 acre feet of water State of Oklahoma. under the Settlement Agreement, the after adjustment for sediment deposits, or (21) TRUST.— amended storage contract, and this section. 52.322 percent of the conservation storage ca- (A) IN GENERAL.—The term ‘‘Trust’’ means (b) DEFINITIONS.—In this section: pacity. the Oklahoma City Water Utilities Trust, (1) 1974 STORAGE CONTRACT.—The term (14) NATIONS.—The term ‘‘Nations’’ means, formerly known as the Oklahoma City Mu- ‘‘1974 storage contract’’ means the contract collectively, the Choctaw Nation of Okla- nicipal Improvement Authority, a public approved by the Secretary on April 9, 1974, homa (‘‘Choctaw Nation’’) and the Chicka- trust established pursuant to State law with between the Secretary and the Water Con- saw Nation. the City as the beneficiary. servation Storage Commission of the State (15) OWRB.—The term ‘‘OWRB’’ means the (B) REFERENCES.—A reference in this sec- of Oklahoma pursuant to section 301 of the Oklahoma Water Resources Board. tion to ‘‘Trust’’ shall refer to the Oklahoma Water Supply Act of 1958 (43 U.S.C. 390b), and (16) SARDIS LAKE.—The term ‘‘Sardis Lake’’ City Water Utilities Trust, acting severally. other applicable Federal law. means the reservoir, formerly known as (c) APPROVAL OF THE SETTLEMENT AGREE- (2) 2010 AGREEMENT.—The term ‘‘2010 agree- Clayton Lake, whose dam is located in Sec- MENT.— ment’’ means the agreement entered into tion 19, Township 2 North, Range 19 East of (1) RATIFICATION.— among the OWRB and the Trust, dated June the Indian Meridian, Pushmataha County, (A) IN GENERAL.—Except as modified by 15, 2010, relating to the assignment by the Oklahoma, the construction, operation, and this section, and to the extent the Settle- State of the 1974 storage contract and trans- maintenance of which was authorized by sec- ment Agreement does not conflict with this fer of rights, title, interests, and obligations tion 203 of the Flood Control Act of 1962 section, the Settlement Agreement is au- under that contract to the Trust, including (Public Law 87–874; 76 Stat. 1187). thorized, ratified, and confirmed. the interests of the State in the conservation (17) SETTLEMENT AGREEMENT.—The term (B) AMENDMENTS.—If an amendment is exe- storage capacity and associated repayment ‘‘Settlement Agreement’’ means the settle- cuted to make the Settlement Agreement obligations to the United States. ment agreement as approved by the Nations, consistent with this section, the amendment (3) ADMINISTRATIVE SET-ASIDE SUB- the State, the City, and the Trust effective is also authorized, ratified and confirmed to CONTRACTS.—The term ‘‘administrative set- August 22, 2016, as revised to conform with the extent the amendment is consistent with aside subcontracts’’ means the subcontracts this section, as applicable. this section. the City shall issue for the use of Conserva- (18) SETTLEMENT AREA.—The term ‘‘settle- (2) EXECUTION OF SETTLEMENT AGREE- tion Storage Capacity in Sardis Lake as pro- ment area’’ means— MENT.— vided by section 4 of the amended storage (A) the area lying between— (A) IN GENERAL.—To the extent the Settle- contract. (i) the South Canadian River and Arkansas ment Agreement does not conflict with this (4) ALLOTMENT.—The term ‘‘allotment’’ River to the north; section, the Secretary of the Interior shall means the land within the Settlement Area (ii) the Oklahoma–Texas State line to the promptly execute the Settlement Agree- held by an allottee subject to a statutory re- south; ment, including all exhibits to or parts of striction on alienation or held by the United (iii) the Oklahoma–Arkansas State line to the Settlement Agreement requiring the sig- States in trust for the benefit of an allottee. the east; and nature of the Secretary of the Interior and (5) ALLOTTEE.—The term ‘‘allottee’’ means (iv) the 98th Meridian to the west; and any amendments necessary to make the Set- an enrolled member of the Choctaw Nation (B) the area depicted in Exhibit 1 to the tlement Agreement consistent with this sec- or citizen of the Chickasaw Nation who, or Settlement Agreement and generally includ- tion. whose estate, holds an interest in an allot- ing the following counties, or portions of, in (B) NOT A MAJOR FEDERAL ACTION.—Execu- ment. the State: tion of the Settlement Agreement by the

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Secretary of the Interior under this sub- (6) CONSISTENT WITH AUTHORIZED PURPOSES; under applicable State law as of the date of section shall not constitute a major Federal NO MAJOR OPERATIONAL CHANGE.— enactment of this Act. action under the National Environmental (A) CONSISTENT WITH AUTHORIZED PUR- (ii) EFFECT OF STATE LAW.—The use of sur- Policy Act of 1969 (42 U.S.C. 4321 et seq.). POSE.—The amended storage contract, the face water described in clause (i) shall be (d) APPROVAL OF THE AMENDED STORAGE approval of the Secretary of the amended subject to all rights and protections of State CONTRACT AND 1974 STORAGE CONTRACT.— storage contract, and the waiver of future law, as of the date of enactment of this Act, (1) RATIFICATION.— use storage under paragraph (5)— including all protections against loss for (A) IN GENERAL.—Except to the extent any (i) are deemed consistent with the author- nonuse. provision of the amended storage contract ized purposes for Sardis Lake as described in (iii) NO PERMIT REQUIRED.—An allottee may conflicts with any provision of this section, section 203 of the Flood Control Act of 1962 divert water under this subsection without a the amended storage contract is authorized, (Public Law 87–874; 76 Stat. 1187) and do not permit or any other authorization from the ratified, and confirmed. affect the authorized purposes for which the OWRB. (B) 1974 STORAGE CONTRACT.—To the extent project was authorized, surveyed, planned, (C) GROUNDWATER USE.— the amended storage contract, as authorized, and constructed; and (i) IN GENERAL.—An allottee may drill ratified, and confirmed, modifies or amends (ii) shall not constitute a reallocation of wells on the allotment of the allottee to take the 1974 storage contract, the modification storage. and use for domestic uses the greater of— or amendment to the 1974 storage contract is (B) NO MAJOR OPERATIONAL CHANGE.—The (I) 5 acre-feet per year; or authorized, ratified, and confirmed. amended storage contract, the approval of (II) any greater quantity allowed under (C) AMENDMENTS.—To the extent an the Secretary of the amended storage con- State law. amendment is executed to make the amend- tract, and the waiver of future use storage (ii) EFFECT OF STATE LAW.—The ground- ed storage contract consistent with this sec- under paragraph (5) shall not constitute a water use described in clause (i) shall be sub- tion, the amendment is authorized, ratified, major operational change under section ject to all rights and protections of State and confirmed. 301(e) of the Water Supply Act of 1958 (43 law, as of the date of enactment of this Act, (2) APPROVAL BY THE SECRETARY.—After U.S.C. 390b(e)). including all protections against loss for the State and the City execute the amended (7) NO FURTHER AUTHORIZATION REQUIRED.— nonuse. storage contract, the Secretary shall ap- This section shall be considered sufficient (iii) NO PERMIT REQUIRED.—An allottee may prove the amended storage contract. and complete authorization, without further drill wells and use water under this sub- (3) MODIFICATION OF SEPTEMBER 11, 2009, study or analysis, for— section without a permit or any other au- ORDER IN UNITED STATES V. OKLAHOMA WATER (A) the Secretary to approve the amended thorization from the OWRB. RESOURCES BOARD, CIV 98–00521 (N.D. OK).—The storage contract; and (D) FUTURE CHANGES IN STATE LAW.— Secretary, through counsel, shall cooperate (B) after approval under subparagraph (A), (i) IN GENERAL.—If State law changes to and work with the State to file any motion the Corps of Engineers to manage storage in limit use of water to a quantity that is less and proposed order to modify or amend the Sardis Lake pursuant to and in accordance than the applicable quantity specified in order of the United States District Court for with the 1974 storage contract, the amended subparagraph (B) or (C), as applicable, an al- the Northern District of Oklahoma dated storage contract, and the Settlement Agree- lottee shall retain the right to use water in September 11, 2009, necessary to conform the accord with those subparagraphs, subject to ment. order to the amended storage contract trans- paragraphs (6)(B)(iv) and (7). fer agreement, the Settlement Agreement, (e) SETTLEMENT AREA WATERS.— (ii) OPPORTUNITY TO BE HEARD.—Prior to and this section. (1) FINDINGS.—Congress finds that— taking any action to limit the use of water (4) CONSERVATION STORAGE CAPACITY.—The (A) pursuant to the Atoka Agreement as by an individual, the OWRB shall provide to allocation of the use of the conservation ratified by section 29 of the Act of June 28, the individual an opportunity to dem- storage capacity in Sardis Lake for adminis- 1898 (30 Stat. 505, chapter 517) (as modified by onstrate that the individual is— trative set-aside subcontracts, City water the Act of July 1, 1902 (32 Stat. 641, chapter (I) an allottee; and supply, and fish and wildlife and recreation 1362)), the Nations issued patents to their re- (II) using water on the allotment pursuant as provided by the amended storage contract spective tribal members and citizens and to and in accordance with the Settlement is authorized, ratified and approved. thereby conveyed to individual Choctaws and Agreement and this section. (5) ACTIVATION; WAIVER.— Chickasaws, all right, title, and interest in (6) ALLOTTEE OPTIONS FOR ADDITIONAL (A) FINDINGS.—Congress finds that— and to land that was possessed by the Na- WATER.— (i) the earliest possible activation of any tions, other than certain mineral rights; and (A) IN GENERAL.—To use a quantity of increment of future use storage in Sardis (B) when title passed from the Nations to water in excess of the quantities provided Lake will not occur until after 2050; and their respective tribal members and citizens, under paragraph (5), an allottee shall— (ii) the obligation to make annual pay- the Nations did not convey and those indi- (i) file an action under subparagraph (B); ments for the Sardis future use storage oper- viduals did not receive any right of regu- or ation, maintenance and replacement costs, latory or sovereign authority, including with (ii) apply to the OWRB for a permit pursu- capital costs, or interest attributable to Sar- respect to water. ant to, and in accordance with, State law. dis future use storage only arises if, and only (2) PERMITTING, ALLOCATION, AND ADMINIS- (B) DETERMINATION IN FEDERAL DISTRICT to the extent, that an increment of Sardis TRATION OF SETTLEMENT AREA WATERS PURSU- COURT.— future use storage is activated by with- ANT TO THE SETTLEMENT AGREEMENT.—Begin- (i) IN GENERAL.—In lieu of applying to the drawal or release of water from the future ning on the enforceability date, settlement OWRB for a permit to use more water than use storage that is authorized by the user for area waters shall be permitted, allocated, is allowed under paragraph (5), an allottee a consumptive use of water. and administered by the OWRB in accord- may, after written notice to the OWRB, file (B) WAIVER OF OBLIGATIONS FOR STORAGE ance with the Settlement Agreement and an action in the United States District Court THAT IS NOT ACTIVATED.—Notwithstanding this section. for the Western District of Oklahoma for de- section 301 of the Water Supply Act of 1958 (3) CHOCTAW NATION AND CHICKASAW NA- termination of the right to water of the al- (43 U.S.C. 390b), section 203 of the Flood Con- TION.—Beginning on the enforceability date, lottee. trol Act of 1962 (Public Law 87–874; 76 Stat. the Nations shall have the right to use and (ii) JURISDICTION.—For purposes of this 1187), the 1974 storage contract, or any other to develop the right to use settlement area subsection— provision of law, effective as of January 1, waters only in accordance with the Settle- (I) the United States District Court for the 2050— ment Agreement and this section. Western District of Oklahoma shall have ju- (i) the entirety of any repayment obliga- (4) WAIVER AND DELEGATION BY NATIONS.—In risdiction; and tions (including interest), relating to that addition to the waivers under subsection (h), (II) the waivers of immunity under sub- portion of conservation storage capacity al- the Nations, on their own behalf, shall per- paragraphs (A) and (B) of subsection (j)(2) located by the 1974 storage contract to fu- manently delegate to the State any regu- shall apply. ture use storage in Sardis Lake is waived latory authority each Nation may possess (iii) REQUIREMENTS.—An allottee filing an and shall be considered nonreimbursable; and over water rights on allotments, which the action pursuant to this subparagraph shall— (ii) any obligation of the State and, on exe- State shall exercise in accordance with the (I) join the OWRB as a party; and cution and approval of the amended storage Settlement Agreement and this subsection. (II) publish notice in a newspaper of gen- contract, of the City and the Trust, under (5) RIGHT TO USE WATER.— eral circulation within the Settlement Area the 1974 storage contract regarding capital (A) IN GENERAL.—An allottee may use Hydrologic Basin for 2 consecutive weeks, costs and any operation, maintenance, and water on an allotment in accordance with with the first publication appearing not later replacement costs and interest otherwise at- the Settlement Agreement and this sub- than 30 days after the date on which the ac- tributable to future use storage in Sardis section. tion is filed. Lake is waived and shall be nonreimburs- (B) SURFACE WATER USE.— (iv) DETERMINATION FINAL.— able, if by January 1, 2050, the right to future (i) IN GENERAL.—An allottee may divert (I) IN GENERAL.—Subject to subclause (II), use storage is not activated by the with- and use, on the allotment of the allottee, 6 if an allottee elects to have the rights of the drawal or release of water from future use acre-feet per year of surface water per 160 allottee determined pursuant to this sub- storage for an authorized consumptive use of acres, to be used solely for domestic uses on paragraph, the determination shall be final water. an allotment that constitutes riparian land as to any rights under Federal law and in

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lieu of any rights to use water on an allot- (h) WAIVERS AND RELEASES OF CLAIMS.— relating to Permit Numbers P80–48 and 54–613 ment as provided in paragraph (5). (1) CLAIMS BY THE NATIONS AND THE UNITED for water rights from the Muddy Boggy (II) RESERVATION OF RIGHTS.—Subclause (I) STATES AS TRUSTEE FOR THE NATIONS.—Sub- River for Atoka Reservoir and P73–282D for shall not preclude an allottee from— ject to the retention of rights and claims water rights from the Muddy Boggy River, (aa) applying to the OWRB for water rights provided in paragraph (3) and except to the including McGee Creek, for the McGee Creek pursuant to State law; or extent that rights are recognized in the Set- Reservoir; (bb) using any rights allowed by State law tlement Agreement or this section, the Na- (F) all claims to damages, losses or inju- that do not require a permit from the OWRB. tions and the United States, acting as a ries to water rights or water, or claims of in- (7) OWRB ADMINISTRATION AND ENFORCE- trustee for the Nations, shall execute a waiv- terference with, diversion, storage, taking, MENT.— er and release of— or use of water (including claims for injury (A) IN GENERAL.—If an allottee exercises (A) all of the following claims asserted or to land resulting from such damages, losses, any right under paragraph (5) or has rights which could have been asserted in any pro- injuries, interference with, diversion, stor- determined under paragraph (6)(B), the ceeding filed or that could have been filed age, taking, or use of water) attributable to OWRB shall have jurisdiction to administer during the period ending on the enforce- the lawful exercise of Permit Numbers P80–48 those rights. ability date, including Chickasaw Nation, and 54–613 for water rights from the Muddy (B) CHALLENGES.—An allottee may chal- Choctaw Nation v. Fallin et al., CIV 11–927 lenge OWRB administration of rights deter- (W.D. Ok.), OWRB v. United States, et al. Boggy River for Atoka Reservoir and P73– mined under this paragraph, in the United CIV 12–275 (W.D. Ok.), or any general stream 282D for water rights from the Muddy Boggy States District Court for the Western Dis- adjudication, relating to— River, including McGee Creek, for the McGee trict of Oklahoma. (i) claims to the ownership of water in the Creek Reservoir, that accrued during the pe- (8) PRIOR EXISTING STATE LAW RIGHTS.— State; riod ending on the enforceability date; Water rights held by an allottee as of the en- (ii) claims to water rights and rights to use (G) all claims and objections relating to forceability date pursuant to a permit issued water diverted or taken from a location the approval by the Secretary of the assign- by the OWRB shall be governed by the terms within the State; ment of the 1974 storage contract pursuant of that permit and applicable State law (in- (iii) claims to authority over the alloca- to the amended storage contract; and cluding regulations). tion and management of water and adminis- (H) all claims for damages, losses, or inju- (f) CITY PERMIT FOR APPROPRIATION OF tration of water rights, including authority ries to water rights or water, or claims of in- STREAM WATER FROM THE KIAMICHI RIVER.— over third-party ownership of or rights to terference with, diversion, storage, taking, The City permit shall be processed, evalu- use water diverted or taken from a location or use of water (including claims for injury ated, issued, and administered consistent within the State and ownership or use of to land resulting from such damages, losses, with and in accordance with the Settlement water on allotments by allottees or any injuries, interference with, diversion, stor- Agreement and this section. other person using water on an allotment age, taking, or use of water) attributable to (g) SETTLEMENT COMMISSION.— with the permission of an allottee; the lawful exercise of rights pursuant to the (1) ESTABLISHMENT.—There is established a (iv) claims that the State lacks authority amended storage contract. Settlement Commission. over the allocation and management of (2) WAIVERS AND RELEASES OF CLAIMS BY (2) MEMBERS.— water and administration of water rights, in- THE NATIONS AGAINST THE UNITED STATES.— (A) IN GENERAL.—The Settlement Commis- cluding authority over the ownership of or Subject to the retention of rights and claims sion shall be comprised of 5 members, ap- rights to use water diverted or taken from a provided in paragraph (3) and except to the pointed as follows: location within the State; extent that rights are recognized in the Set- (i) 1 by the Governor of the State. (v) any other claim relating to the owner- tlement Agreement or this section, the Na- (ii) 1 by the Attorney General of the State. ship of water, regulation of water, or author- tions are authorized to execute a waiver and (iii) 1 by the Chief of the Choctaw Nation. ized diversion, storage, or use of water di- release of all claims against the United (iv) 1 by the Governor of the Chickasaw verted or taken from a location within the States (including any agency or employee of Nation. State, which claim is based on the status of the United States) relating to— (v) 1 by agreement of the members de- the Chickasaw Nation or the Choctaw Nation (A) all of the following claims asserted or scribed in clauses (i) through (iv). as a federally recognized Indian tribe; and which could have been asserted in any pro- (B) JOINTLY APPOINTED MEMBER.—If the (vi) claims or defenses asserted or which ceeding filed or that could have been filed by members described in clauses (i) through (iv) could have been asserted in Chickasaw Na- the United States as a trustee during the pe- of subparagraph (A) do not agree on a mem- tion, Choctaw Nation v. Fallin et al., CIV 11– riod ending on the enforceability date, in- ber appointed pursuant to subparagraph 927 (W.D. Ok.), OWRB v. United States, et al. cluding Chickasaw Nation, Choctaw Nation (A)(v)— CIV 12–275 (W.D. Ok.), or any general stream v. Fallin et al., CIV 11–9272 (W.D. Ok.) or (i) the members shall submit to the Chief adjudication; OWRB v. United States, et al. CIV 12–275 Judge for the United States District Court (B) all claims for damages, losses or inju- (W.D. Ok.), or any general stream adjudica- for the Eastern District of Oklahoma, a list ries to water rights or water, or claims of in- tion, relating to— of not less than 3 persons; and terference with, diversion, storage, taking, (i) claims to the ownership of water in the (ii) from the list under clause (i), the Chief or use of water (including claims for injury State; Judge shall make the appointment. to land resulting from the damages, losses, (ii) claims to water rights and rights to use (C) INITIAL APPOINTMENTS.—The initial ap- injuries, interference with, diversion, stor- pointments to the Settlement Commission age, taking, or use of water) attributable to water diverted or taken from a location shall be made not later than 90 days after any action by the State, the OWRB, or any within the State; the enforceability date. water user authorized pursuant to State law (iii) claims to authority over the alloca- (3) MEMBER TERMS.— to take or use water in the State, including tion and management of water and adminis- (A) IN GENERAL.—Each Settlement Com- the City, that accrued during the period end- tration of water rights, including authority mission member shall serve at the pleasure ing on the enforceability date; over third-party ownership of or rights to of appointing authority. (C) all claims and objections relating to use water diverted or taken from a location (B) COMPENSATION.—A member of the Set- the amended permit application, and the within the State and ownership or use of tlement Commission shall serve without City permit, including— water on allotments by allottees or any compensation, but an appointing authority (i) all claims regarding regulatory control other person using water on an allotment may reimburse the member appointed by the over or OWRB jurisdiction relating to the with the permission of an allottee; entity for costs associated with service on permit application and permit; and (iv) claims that the State lacks authority the Settlement Commission. (ii) all claims for damages, losses or inju- over the allocation and management of (C) VACANCIES.—If a member of the Settle- ries to water rights or rights to use water, or water and administration of water rights, in- ment Commission is removed or resigns, the claims of interference with, diversion, stor- cluding authority over the ownership of or appointing authority shall appoint the re- age, taking, or use of water (including claims rights to use water diverted or taken from a placement member. for injury to land resulting from the dam- location within the State; (D) JOINTLY APPOINTED MEMBER.—The ages, losses, injuries, interference with, di- (v) any other claim relating to the owner- member of the Settlement Commission de- version, storage, taking, or use of water) at- ship of water, regulation of water, or author- scribed in paragraph (2)(A)(v) may be re- tributable to the issuance and lawful exer- ized diversion, storage, or use of water di- moved or replaced by a majority vote of the cise of the City permit; verted or taken from a location within the Settlement Commission based on a failure of (D) all claims to regulatory control over State, which claim is based on the status of the member to carry out the duties of the the Permit Numbers P80–48 and 54–613 of the the Chickasaw Nation or the Choctaw Nation member. City for water rights from the Muddy Boggy as a federally recognized Indian tribe; and (4) DUTIES.—The duties and authority of River for Atoka Reservoir and P73–282D for (vi) claims or defenses asserted or which the Settlement Commission shall be set water rights from the Muddy Boggy River, could have been asserted in Chickasaw Na- forth in the Settlement Agreement, and the including McGee Creek, for the McGee Creek tion, Choctaw Nation v. Fallin et al., CIV 11– Settlement Commission shall not possess or Reservoir; 927 (W.D. Ok.), OWRB v. United States, et al. exercise any duty or authority not stated in (E) all claims that the State lacks regu- CIV 12–275 (W.D. Ok.), or any general stream the Settlement Agreement. latory authority over or OWRB jurisdiction adjudication;

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5794 CONGRESSIONAL RECORD — SENATE September 15, 2016 (B) all claims for damages, losses or inju- (2)(A)(v), including any claims the Nations (F) orders of dismissal have been entered in ries to water rights or water, or claims of in- may have under— Chickasaw Nation, Choctaw Nation v. Fallin terference with, diversion, storage, taking, (I) the Comprehensive Environmental Re- et al., Civ 11–297 (W.D. Ok.) and OWRB v. or use of water (including claims for injury sponse, Compensation, and Liability Act of United States, et al. Civ 12–275 (W.D. Ok.) as to land resulting from the damages, losses, 1980 (42 U.S.C. 9601 et seq.), including for provided in the Settlement Agreement; injuries, interference with, diversion, stor- damages to natural resources; (G) the OWRB has issued the City Permit; age, taking, or use of water) attributable to (II) the Safe Drinking Water Act (42 U.S.C. (H) the final documentation of the any action by the State, the OWRB, or any 300f et seq.); Kiamichi Basin hydrologic model is on file water user authorized pursuant to State law (III) the Federal Water Pollution Control at the Oklahoma City offices of the OWRB; to take or use water in the State, including Act (33 U.S.C. 1251 et seq.); and and the City, that accrued during the period end- (IV) any regulations implementing the (I) the Atoka and Sardis Conservation ing on the enforceability date; Acts described in items (aa) through (cc); Projects Fund has been funded as provided in (C) all claims and objections relating to (iv) all claims relating to damage, loss, or the Settlement Agreement. the amended permit application, and the injury resulting from an unauthorized diver- (2) EXPIRATION DATE.—If the Secretary of City permit, including— sion, use, or storage of water, including dam- the Interior fails to publish a statement of (i) all claims regarding regulatory control ages, losses, or injuries to land or nonwater findings under paragraph (1) by not later over or OWRB jurisdiction relating to the natural resources associated with any hunt- than September 30, 2020, or such alternative permit application and permit; and ing, fishing, gathering, or cultural right; and later date as is agreed to by the Secretary of (ii) all claims for damages, losses or inju- (v) all rights, remedies, privileges, immu- the Interior, the Nations, the State, the ries to water rights or rights to use water, or nities, and powers not specifically waived City, and the Trust under paragraph (4), the claims of interference with, diversion, stor- and released pursuant to this section or the following shall apply: age, taking, or use of water (including claims Settlement Agreement. (A) This section, except for this subsection for injury to land resulting from the dam- (B) AGREEMENT.— and any provisions of this section that are ages, losses, injuries, interference with, di- (i) IN GENERAL.—As provided in the Settle- version, storage, taking, or use of water) at- necessary to carry out this subsection (but ment Agreement, the Chickasaw Nation only for purposes of carrying out this sub- tributable to the issuance and lawful exer- shall convey an easement to the City, which cise of the City permit; section) are not effective beginning on Sep- easement shall be as described and depicted tember 30, 2020, or the alternative date. (D) all claims to regulatory control over in Exhibit 15 to the Settlement Agreement. the Permit Numbers P80–48 and 54–613 for (B) The waivers and release of claims, and (ii) APPLICATION.—The Chickasaw Nation the limited waivers of sovereign immunity, water rights from the Muddy Boggy River and the City shall cooperate and coordinate for Atoka Reservoir and P73–282D for water shall not become effective. on the submission of an application for ap- (C) The Settlement Agreement shall be rights from the Muddy Boggy River, includ- proval by the Secretary of the Interior of the ing McGee Creek, for the McGee Creek Res- null and void, except for this paragraph and conveyance under clause (i), in accordance any provisions of the Settlement Agreement ervoir; with applicable Federal law. (E) all claims that the State lacks regu- that are necessary to carry out this para- (iii) RECORDING.—On approval by the Sec- graph. latory authority over or OWRB jurisdiction retary of the Interior of the conveyance of relating to Permit Numbers P80–48 and 54–613 (D) Except with respect to this paragraph, the easement under this clause, the City for water rights from the Muddy Boggy the State, the Nations, the City, the Trust, shall record the easement. River for Atoka Reservoir and P73–282D for and the United States shall not be bound by (iv) CONSIDERATION.—In exchange for con- water rights from the Muddy Boggy River, any obligations or benefit from any rights veyance of the easement under clause (i), the including McGee Creek, for the McGee Creek recognized under the Settlement Agreement. City shall pay to the Chickasaw Nation the Reservoir; (E) If the City permit has been issued, the value of past unauthorized use and consider- (F) all claims to damages, losses or inju- permit shall be null and void, except that the ation for future use of the land burdened by ries to water rights or water, or claims of in- City may resubmit to the OWRB, and the the easement, based on an appraisal secured terference with, diversion, storage, taking, OWRB shall be considered to have accepted, by the City and Nations and approved by the or use of water (including claims for injury OWRB permit application No. 2007–017 with- Secretary of the Interior. to land resulting from the damages, losses, out having waived the original application (4) EFFECTIVE DATE OF WAIVER AND RE- injuries, interference with, diversion, stor- priority date and appropriative quantities. LEASES.—The waivers and releases under this age, taking, or use of water) attributable to (F) If the amended storage contract has the lawful exercise of Permit Numbers P80–48 subsection take effect on the enforceability date. been executed or approved, the contract and 54–613 for water rights from the Muddy shall be null and void, and the 2010 agree- (5) TOLLING OF CLAIMS.—Each applicable Boggy River for Atoka Reservoir and P73– ment shall be considered to be in force and 282D for water rights from the Muddy Boggy period of limitation and time-based equi- table defense relating to a claim described in effect as between the State and the Trust. River, including McGee Creek, for the McGee (G) If the Atoka and Sardis Conservation Creek Reservoir, that accrued during the pe- this subsection shall be tolled during the pe- riod beginning on the date of enactment of Projects Fund has been established and fund- riod ending on the enforceability date; ed, the funds shall be returned to the respec- (G) all claims and objections relating to this Act and ending on the earlier of the en- forceability date or the expiration date tive funding parties with any accrued inter- the approval by the Secretary of the assign- est. ment of the 1974 storage contract pursuant under subsection (i)(2). (3) NO PREJUDICE.—The occurrence of the to the amended storage contract; (i) ENFORCEABILITY DATE.— expiration date under paragraph (2) shall not (H) all claims relating to litigation (1) IN GENERAL.—The Settlement Agree- in any way prejudice— brought by the United States prior to the en- ment shall take effect and be enforceable on (A) any argument or suit that the Nations forceability date of the water rights of the the date on which the Secretary of the Inte- may bring to contest— Nations in the State; and rior publishes in the Federal Register a cer- (i) the pursuit by the City of OWRB permit (I) all claims relating to the negotiation, tification that— application No. 2007–017, or a modified execution, or adoption of the Settlement (A) to the extent the Settlement Agree- version; or Agreement (including exhibits) or this sec- ment conflicts with this section, the Settle- (ii) the 2010 agreement; tion. ment Agreement has been amended to con- (B) any argument, defense, or suit the (3) RETENTION AND RESERVATION OF CLAIMS form with this section; State may bring or assert with regard to the BY NATIONS AND THE UNITED STATES.— (B) the Settlement Agreement, as amend- claims of the Nations to water or over water (A) IN GENERAL.—Notwithstanding the ed, has been executed by the Secretary of the in the settlement area; or waiver and releases of claims authorized Interior, the Nations, the Governor of the (C) any argument, defense or suit the City under paragraphs (1) and (2), the Nations and State, the OWRB, the City, and the Trust; may bring or assert— the United States, acting as trustee, shall re- (C) to the extent the amended storage con- (i) with regard to the claims of the Nations tain— tract conflicts with this section, the amend- to water or over water in the settlement (i) all claims for enforcement of the Settle- ed storage contract has been amended to area relating to OWRB permit application ment Agreement and this section; conform with this section; No. 2007–017, or a modified version; or (ii) all rights to use and protect any water (D) the amended storage contract, as (ii) to contest the 2010 agreement. right of the Nations recognized by or estab- amended to conform with this section, has (4) EXTENSION.—The expiration date under lished pursuant to the Settlement Agree- been— paragraph (2) may be extended in writing if ment, including the right to assert claims (i) executed by the State, the City, and the the Nations, the State, the OWRB, the for injuries relating to the rights and the Trust; and United States, and the City agree that an ex- right to participate in any general stream (ii) approved by the Secretary; tension is warranted. adjudication, including any inter se pro- (E) an order has been entered in United ceeding; States v. Oklahoma Water Resources Board, (j) JURISDICTION, WAIVERS OF IMMUNITY FOR (iii) all claims relating to activities affect- Civ. 98–C–521–E with any modifications to INTERPRETATION AND ENFORCEMENT.— ing the quality of water that are not waived the order dated September 11, 2009, as pro- (1) JURISDICTION.— under paragraph (1)(A)(v) or paragraph vided in the Settlement Agreement; (A) IN GENERAL.—

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(i) EXCLUSIVE JURISDICTION.—The United jurisdiction of the United States Court of (2) all costs and administrative expenses States District Court for the Western Dis- Appeals for the Tenth Circuit and the Su- associated with the transfer of land under trict of Oklahoma shall have exclusive juris- preme Court of the United States. subsection (a), including the costs of— diction for all purposes and for all causes of (D) CHOCTAW NATION IMMUNITY.—For the (A) the survey under subsection (b)(2); action relating to the interpretation and en- exclusive benefit of the State (including of (B) compliance with the National Environ- forcement of the Settlement Agreement, the the OWRB), the City, the Trust, the Chicka- mental Policy Act of 1969 (42 U.S.C. 4321 et amended storage contract, or interpretation saw Nation, and the United States, the Choc- seq.); and or enforcement of this section, including all taw Nation shall expressly and irrevocably (C) any coordination necessary with re- actions filed by an allottee pursuant to sub- consent to a suit and waive sovereign immu- spect to requirements related to endangered section (e)(4)(B). nity from a suit solely for any action species, cultural resources, clean water, and (ii) RIGHT TO BRING ACTION.—The Choctaw brought in the Western District of Oklahoma clean air. Nation, the Chickasaw Nation, the State, the relating to interpretation or enforcement of SEC. 8004. REAUTHORIZATION OF DENALI COM- City, the Trust, and the United States shall the Settlement Agreement or this section, if MISSION. each have the right to bring an action pursu- the action is brought by the State, the (a) ADMINISTRATION.—Section 303 of the ant to this section. OWRB, the City, the Trust, the Chickasaw Denali Commission Act of 1998 (42 U.S.C. 3121 (iii) NO ACTION IN OTHER COURTS.—No ac- Nation, or the United States, including the note; Public Law 105–277) is amended— tion may be brought in any other Federal, appellate jurisdiction of the United States (1) in subsection (c)— Tribal, or State court or administrative Court of Appeals for the Tenth Circuit and (A) in the first sentence, by striking ‘‘The forum for any purpose relating to the Settle- the Supreme Court of the United States. Federal Cochairperson’’ and inserting the ment Agreement, amended storage contract, (k) DISCLAIMER.— following: or this section. (1) IN GENERAL.—The Settlement Agree- ‘‘(1) TERM OF FEDERAL COCHAIRPERSON.— (iv) NO MONETARY JUDGMENT.—Nothing in ment applies only to the claims and rights of The Federal Cochairperson’’; this section authorizes any money judgment the Nations. (B) in the second sentence, by striking ‘‘All or otherwise allows the payment of funds by (2) NO PRECEDENT.—Nothing in this section other members’’ and inserting the following: the United States, the Nations, the State or the Settlement Agreement shall be con- ‘‘(3) TERM OF ALL OTHER MEMBERS.—All (including the OWRB), the City, or the strued in any way to quantify, establish, or other members’’; Trust. serve as precedent regarding the land and (C) in the third sentence, by striking ‘‘Any (B) NOTICE AND CONFERENCE.—An entity water rights, claims, or entitlements to vacancy’’ and inserting the following: seeking to interpret or enforce the Settle- water of any American Indian Tribe other ACANCIES.—Except as provided in ment Agreement shall comply with the fol- ‘‘(4) V than the Nations, including any other Amer- paragraph (2), any vacancy’’; and lowing: ican Indian Tribe in the State. (i) Any party asserting noncompliance or (D) by inserting before paragraph (3) (as seeking interpretation of the Settlement SEC. 8003. LAND TRANSFER AND TRUST LAND designated by subparagraph (B)) the fol- Agreement or this section shall first serve FOR THE MUSCOGEE (CREEK) NA- lowing: TION. written notice on the party alleged to be in ‘‘(2) INTERIM FEDERAL COCHAIRPERSON.—In breach of the Settlement Agreement or vio- (a) TRANSFER.— the event of a vacancy for any reason in the lation of this section. (1) IN GENERAL.—Subject to paragraph (2) position of Federal Cochairperson, the Sec- (ii) The notice under clause (i) shall iden- and for the consideration described in sub- retary may appoint an Interim Federal Co- tify the specific provision of the Settlement section (c), the Secretary shall transfer to chairperson, who shall have all the authority Agreement or this section alleged to have the Secretary of the Interior the land de- of the Federal Cochairperson, to serve until been violated or in dispute and shall specify scribed in subsection (b) to be held in trust such time as the vacancy in the position of in detail the contention of the party assert- for the benefit of the Muscogee (Creek) Na- Federal Cochairperson is filled in accordance ing the claim and any factual basis for the tion. with subsection (b)(2)).’’; and claim. (2) CONDITIONS.—The land transfer under (2) by adding at the end the following: (iii) Representatives of the party alleging a this subsection shall be subject to the fol- ‘‘(f) NO FEDERAL EMPLOYEE STATUS.—No breach or violation and the party alleged to lowing conditions: member of the Commission, other than the be in breach or violation shall meet not later (A) The transfer— Federal Cochairperson, shall be considered than 30 days after receipt of notice under (i) shall not interfere with the Corps of En- to be a Federal employee for any purpose. clause (i) in an effort to resolve the dispute. gineers operation of the Eufaula Lake ‘‘(g) CONFLICTS OF INTEREST.— (iv) If the matter is not resolved to the sat- Project or any other authorized civil works ‘‘(1) IN GENERAL.—Except as provided in isfaction of the party alleging breach not projects; and paragraphs (2) and (3), no member of the later than 90 days after the original notice (ii) shall be subject to such other terms Commission (referred to in this subsection as under clause (i), the party may take any ap- and conditions as the Secretary determines a ‘member’) shall participate personally or propriate enforcement action consistent to be necessary and appropriate to ensure substantially, through decision, approval, with the Settlement Agreement and this the continued operation of the Eufaula Lake disapproval, recommendation, the rendering subsection. Project or any other authorized civil works of advice, investigation, or otherwise, in any (2) LIMITED WAIVERS OF SOVEREIGN IMMU- project. proceeding, application, request for a ruling NITY.— (B) The Secretary shall retain the right to or other determination, contract claim, con- (A) IN GENERAL.—The United States and inundate with water the land transferred to troversy, or other matter in which, to the the Nations may be joined in an action filed the Secretary of the Interior under this sub- knowledge of the member, 1 or more of the in the United States District Court for the section, as necessary to carry out an author- following has a direct financial interest: Western District of Oklahoma. ized purpose of the Eufaula Lake Project or ‘‘(A) The member. (B) UNITED STATES IMMUNITY.—Any claim any other civil works project. ‘‘(B) The spouse, minor child, or partner of by the United States to sovereign immunity (C) No gaming activities may be conducted the member. from suit is irrevocably waived for any ac- on the land transferred under this sub- ‘‘(C) An organization described in subpara- tion brought by the State, the Chickasaw section. graph (B), (C), (D), (E), or (F) of subsection Nation, the Choctaw Nation, the City, the (b) LAND DESCRIPTION.— (b)(1) for which the member is serving as of- Trust, or (solely for purposes of actions (1) IN GENERAL.—The land to be transferred ficer, director, trustee, partner, or employee. brought pursuant to subsection (e)) an allot- pursuant to subsection (a) is the approxi- ‘‘(D) Any individual, person, or organiza- tee in the Western District of Oklahoma re- mately 18.38 acres of land located in the tion with which the member is negotiating lating to interpretation or enforcement of Northwest Quarter (NW 1/4) of sec. 3, T. 10 N., or has any arrangement concerning prospec- the Settlement Agreement or this section, R. 16 E., McIntosh County, Oklahoma, gen- tive employment. including of the appellate jurisdiction of the erally depicted as ‘‘USACE’’ on the map enti- ‘‘(2) DISCLOSURE.—Paragraph (1) shall not United States Court of Appeals for the Tenth tled ‘‘Muscogee (Creek) Nation Proposed apply if the member— Circuit and the Supreme Court of the United Land Acquisition’’ and dated October 16, ‘‘(A) immediately advises the designated States. 2014. agency ethics official for the Commission of (C) CHICKASAW NATION IMMUNITY.—For the (2) SURVEY.—The exact acreage and legal the nature and circumstances of the matter exclusive benefit of the State (including the description of the land to be transferred presenting a potential conflict of interest; OWRB), the City, the Trust, the Choctaw Na- under subsection (a) shall be determined by a ‘‘(B) makes full disclosure of the financial tion, and the United States, the sovereign survey satisfactory to the Secretary and the interest; and immunity of the Chickasaw Nation from suit Secretary of the Interior. ‘‘(C) before the proceeding concerning the is waived solely for any action brought in (c) CONSIDERATION.—The Muscogee (Creek) matter presenting the conflict of interest, the Western District of Oklahoma relating to Nation shall pay— receives a written determination by the des- interpretation or enforcement of the Settle- (1) to the Secretary an amount that is ignated agency ethics official for the Com- ment Agreement or this section, if the ac- equal to the fair market value of the land mission that the interest is not so substan- tion is brought by the State or the OWRB, transferred under subsection (a), as deter- tial as to be likely to affect the integrity of the City, the Trust, the Choctaw Nation, or mined by the Secretary, which funds may be the services that the Commission may ex- the United States, including the appellate accepted and expended by the Secretary; and pect from the member.

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‘‘(3) ANNUAL DISCLOSURES.—Once per cal- ‘‘(ii) the owner of the floating cabin has (A) the National Environmental Policy Act endar year, each member shall make full dis- paid any fee assessed pursuant to subsection of 1969 (42 U.S.C. 4321 et seq.); and closure of financial interests, in a manner to (c). (B) any other Federal environmental law; be determined by the designated agency eth- ‘‘(2) SAVINGS PROVISIONS.— (2) the reviewability of any final Federal ics official for the Commission. ‘‘(A) Nothing in this subsection restricts agency action in a court of the United States ‘‘(4) TRAINING.—Once per calendar year, the ability of the Corporation to enforce or in the court of any State; each member shall undergo disclosure of fi- health, safety, or environmental standards. (3) any requirement for seeking, consid- nancial interests training, as prescribed by ‘‘(B) This section applies only to floating ering, or responding to public comment; or the designated agency ethics official for the cabins located on waters under the jurisdic- (4) any power, jurisdiction, responsibility, Commission. tion of the Corporation. duty, or authority that a Federal, State, or ‘‘(5) VIOLATION.—Any person that violates ‘‘(e) NEW CONSTRUCTION.—The Corporation local governmental agency, Indian tribe, or this subsection shall be fined not more than may establish regulations to prevent the project sponsor has with respect to carrying $10,000, imprisoned for not more than 2 years, construction of new floating cabins.’’. out a project or any other provision of law or both.’’. SEC. 8006. REGULATION OF ABOVEGROUND applicable to projects. (b) AUTHORIZATION OF APPROPRIATIONS.— STORAGE AT FARMS. SEC. 8008. INTERNATIONAL OUTFALL INTER- CEPTOR REPAIR, OPERATIONS, AND (1) IN GENERAL.—Section 310 of the Denali Section 1049(c) of the Water Resources Re- MAINTENANCE. Commission Act of 1998 (42 U.S.C. 3121 note; form and Development Act of 2014 (33 U.S.C. (a) SENSE OF CONGRESS.—It is the sense of Public Law 105–277) (as redesignated by sec- 1361 note; Public Law 113–121) is amended— Congress that, pursuant to the Act of July tion 1960(1) of SAFETEA–LU (Public Law (1) by redesignating paragraphs (1) and (2) 27, 1953 (22 U.S.C. 277d–10 et seq.), and not- 109–59; 119 Stat. 1516)) is amended, in sub- as subparagraphs (A) and (B), respectively, withstanding the memorandum of agreement section (a), by striking ‘‘under section 4 and indenting appropriately; between the United States Section of the under this Act’’ and all that follows through (2) by striking the subsection designation International Boundary and Water Commis- ‘‘2008’’ and inserting ‘‘under section 304, and heading and all that follows through sion and the City of Nogales, Arizona, dated $20,000,000 for fiscal year 2017, and such sums ‘‘subsection (b),’’ and inserting the following: January 20, 2006 (referred to in this section as are necessary for each of fiscal years 2018 ‘‘(c) REGULATION OF ABOVEGROUND STORAGE as the ‘‘Agreement’’), an equitable propor- through 2021.’’. AT FARMS.— tion of the costs of operation and mainte- (2) CLERICAL AMENDMENT.—Section 310 of ‘‘(1) CALCULATION OF AGGREGATE ABOVE- nance of the Nogales sanitation project to be the Denali Commission Act of 1998 (42 U.S.C. GROUND STORAGE CAPACITY.—For purposes of contributed by the City of Nogales, Arizona 3121 note; Public Law 105–277) (as redesig- subsection (b),’’; and (referred to in this section as the ‘‘City’’), nated by section 1960(1) of SAFETEA–LU (3) by adding at the end the following: should be based on the average daily volume (Public Law 109–59; 119 Stat. 1516)) is redesig- ‘‘(2) CERTAIN FARM CONTAINERS.—Part 112 of of wastewater originating from the City. nated as section 312. title 40, Code of Federal Regulations (or suc- (b) CAPITAL COSTS EXCLUDED.—Pursuant to SEC. 8005. RECREATIONAL ACCESS OF FLOATING cessor regulations), shall not apply to the the Agreement and the Act of July 27, 1953 CABINS. following containers located at a farm: (22 U.S.C. 277d–10 et seq.), the City shall have The Tennessee Valley Authority Act of ‘‘(A) Containers on a separate parcel that no obligation to contribute to any capital 1933 is amended by inserting after section 9a have— costs of repairing or upgrading the Nogales (16 U.S.C. 831h–1) the following: ‘‘(i) an individual capacity of not greater sanitation project. than 1,000 gallons; and (c) OVERCHARGES.—Notwithstanding the ‘‘SEC. 9b. RECREATIONAL ACCESS. ‘‘(ii) an aggregate capacity of not greater Agreement and subject to subsection (d), the ‘‘(a) DEFINITION OF FLOATING CABIN.—In than 2,000 gallons. United States Section of the International this section, the term ‘floating cabin’ means ‘‘(B) A container holding animal feed in- Boundary and Water Commission shall reim- a watercraft or other floating structure— gredients approved for use in livestock feed burse the City for, and shall not charge the ‘‘(1) primarily designed and used for human by the Commissioner of Food and Drugs.’’. City after the date of enactment of this Act habitation or occupation; and for, operations and maintenance costs in ex- SEC. 8007. SALT CEDAR REMOVAL PERMIT RE- cess of an equitable proportion of the costs, ‘‘(2) not primarily designed or used for VIEWS. as described in subsection (a). navigation or transportation on water. (a) IN GENERAL.—In the case of an applica- (d) LIMITATION.—Costs reimbursed or a re- ‘‘(b) RECREATIONAL ACCESS.—The Board tion for a permit for the mechanized removal duction in costs charged under subsection (c) may allow the use of a floating cabin if— of salt cedar from an area that consists of shall not exceed $4,000,000. ‘‘(1) the floating cabin is maintained by the not more than 500 acres— ˜ owner to reasonable health, safety, and envi- SEC. 8009. PECHANGA BAND OF LUISENO MIS- (1) any review by the Secretary under sec- SION INDIANS WATER RIGHTS SET- ronmental standards, as required by the tion 404 of the Federal Water Pollution Con- TLEMENT. Board; trol Act (33 U.S.C. 1344) or section 10 of the (a) PURPOSES.—The purposes of this section ‘‘(2) the Corporation has authorized the use Act of March 3, 1899 (commonly known as are— of recreational vessels on the waters; and the ‘‘Rivers and Harbors Appropriation Act (1) to achieve a fair, equitable, and final ‘‘(3) the floating cabin was located on of 1899’’) (33 U.S.C. 403), and any review by settlement of claims to water rights and cer- waters under the jurisdiction of the Corpora- the Director of the United States Fish and tain claims for injuries to water rights in the tion as of the date of enactment of this sec- Wildlife Service (referred to in this section Santa Margarita River Watershed for— tion. as the ‘‘Director’’) under section 7 of the En- (A) the Band; and ‘‘(c) FEES.—The Board may assess fees on dangered Species Act of 1973 (16 U.S.C. 1536), (B) the United States, acting in its capac- the owner of a floating cabin on waters shall, to the maximum extent practicable, ity as trustee for the Band and Allottees; under the jurisdiction of the Corporation for occur concurrently; (2) to achieve a fair, equitable, and final the purpose of ensuring compliance with sub- (2) all participating and cooperating agen- settlement of certain claims by the Band and section (b) if the fees are necessary and rea- cies shall, to the maximum extent prac- Allottees against the United States; sonable for those purposes. ticable, adopt and use any environmental (3) to authorize, ratify, and confirm the ‘‘(d) CONTINUED RECREATIONAL USE.— document prepared by the lead agency under Pechanga Settlement Agreement to be en- ‘‘(1) IN GENERAL.—With respect to a float- the National Environmental Policy Act of tered into by the Band, RCWD, and the ing cabin located on waters under the juris- 1969 (42 U.S.C. 4321 et seq.) to the same ex- United States; diction of the Corporation on the date of en- tent that a Federal agency could adopt or (4) to authorize and direct the Secretary— actment of this section, the Board— use a document prepared by another Federal (A) to execute the Pechanga Settlement ‘‘(A) may not require the removal of the agency under— Agreement; and floating cabin— (A) that Act; and (B) to take any other action necessary to ‘‘(i) in the case of a floating cabin that was (B) parts 1500 through 1508 of title 40, Code carry out the Pechanga Settlement Agree- granted a permit by the Corporation before of Federal Regulations (or successor regula- ment in accordance with this section; and the date of enactment of this section, for a tions); and (5) to authorize the appropriation of period of 15 years beginning on that date of (3) the review of the application shall, to amounts necessary for the implementation enactment; and the maximum extent practicable, be com- of the Pechanga Settlement Agreement and ‘‘(ii) in the case of a floating cabin not pleted not later than the date on which the this section. granted a permit by the Corporation before Secretary, in consultation with, and with (b) DEFINITIONS.—In this section: the date of enactment of this section, for a the concurrence of, the Director, establishes. (1) ADJUDICATION COURT.—The term ‘‘Adju- period of 5 years beginning on that date of (b) CONTRIBUTED FUNDS.—The Secretary dication Court’’ means the United States enactment; and may accept and expend funds received from District Court for the Southern District of ‘‘(B) shall approve and allow the use of the non-Federal public or private entities to con- California, which exercises continuing juris- floating cabin on waters under the jurisdic- duct a review referred to in subsection (a). diction over the Adjudication Proceeding. tion of the Corporation at such time and for (c) LIMITATIONS.—Nothing in this section (2) ADJUDICATION PROCEEDING.—The term such duration as— preempts or interferes with— ‘‘Adjudication Proceeding’’ means litigation ‘‘(i) the floating cabin meets the require- (1) any obligation to comply with the pro- initiated by the United States regarding rel- ments of subsection (b); and visions of any Federal law, including— ative water rights in the Santa Margarita

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River Watershed in United States v. (17) INTERIM CAPACITY.—The term ‘‘Interim to the Pechanga Settlement Agreement as Fallbrook Public Utility District et al., Civ. Capacity’’ has the meaning set forth in the Exhibit I. No. 3:51–cv–01247 (S.D.C.A.), including any ESAA Capacity Agreement. (B) APPLICABILITY OF TERM.—The term litigation initiated to interpret or enforce (18) INTERIM CAPACITY NOTICE.—The term ‘‘Reservation’’ shall be used solely for the the relative water rights in the Santa Mar- ‘‘Interim Capacity Notice’’ has the meaning purposes of the Pechanga Settlement Agree- garita River Watershed pursuant to the con- set forth in the ESAA Capacity Agreement. ment, this section, and any judgment or de- tinuing jurisdiction of the Adjudication (19) INTERLOCUTORY JUDGMENT NO. 41.—The cree issued by the Adjudication Court ap- Court over the Fallbrook Decree. term ‘‘Interlocutory Judgment No. 41’’ proving the Pechanga Settlement Agree- (3) ALLOTTEE.—The term ‘‘Allottee’’ means means Interlocutory Judgment No. 41 issued ment. an individual who holds a beneficial real in the Adjudication Proceeding on November (34) SANTA MARGARITA RIVER WATERSHED.— property interest in an Indian allotment 8, 1962, including all court orders, judgments The term ‘‘Santa Margarita River Water- that is— and decisions supplemental to that inter- shed’’ means the watershed that is the sub- (A) located within the Reservation; and locutory judgment. ject of the Adjudication Proceeding and the (B) held in trust by the United States. (20) MWD.—The term ‘‘MWD’’ means the Fallbrook Decree. (4) BAND.—The term ‘‘Band’’ means Metropolitan Water District of Southern (35) SECRETARY.—The term ‘‘Secretary’’ ˜ Pechanga Band of Luiseno Mission Indians, a California, a metropolitan water district or- means the Secretary of the Interior. federally recognized sovereign Indian tribe ganized and incorporated under the Metro- (36) STATE.—The term ‘‘State’’ means the that functions as a custom and tradition In- politan Water District Act of the State of State of California. dian tribe, acting on behalf of itself and its California (Stats. 1969, Chapter 209, as (37) STORAGE POND.—The term ‘‘Storage members, but not acting on behalf of mem- amended). Pond’’ has the meaning set forth in the Re- bers in their capacities as Allottees. (21) MWD CONNECTION FEE.—The term cycled Water Infrastructure Agreement. (5) CLAIMS.—The term ‘‘claims’’ means ‘‘MWD Connection Fee’’ has the meaning set (38) TRIBAL WATER RIGHT.—The term ‘‘Trib- rights, claims, demands, actions, compensa- forth in the Extension of Service Area Agree- al Water Right’’ means the water rights rati- tion, or causes of action, whether known or ment. unknown. fied, confirmed, and declared to be valid for ECHANGA ESAA DELIVERY CAPACITY AC- (6) EMWD.—The term ‘‘EMWD’’ means (22) P the benefit of the Band and Allottees, as set Eastern Municipal Water District, a munic- COUNT.—The term ‘‘Pechanga ESAA Delivery forth and described in subsection (d). Capacity account’’ means the account estab- ipal water district organized and existing in (c) APPROVAL OF THE PECHANGA SETTLE- lished by subsection (h)(3)(B). accordance with the Municipal Water Dis- MENT AGREEMENT.— (23) PECHANGA RECYCLED WATER INFRA- trict Law of 1911, Division 20 of the Water (1) RATIFICATION OF PECHANGA SETTLEMENT Code of the State of California, as amended. STRUCTURE ACCOUNT.—The term ‘‘Pechanga Recycled Water Infrastructure account’’ AGREEMENT.— (7) EMWD CONNECTION FEE.—The term (A) IN GENERAL.—Except as modified by ‘‘EMWD Connection Fee’’ has the meaning means the account established by subsection (h)(3)(A). this section, and to the extent that the set forth in the Extension of Service Area Pechanga Settlement Agreement does not (24) PECHANGA SETTLEMENT AGREEMENT.— Agreement. conflict with this section, the Pechanga Set- (8) ENFORCEABILITY DATE.—The term ‘‘en- The term ‘‘Pechanga Settlement Agree- ment’’ means the Pechanga Settlement tlement Agreement is authorized, ratified, forceability date’’ means the date on which and confirmed. the Secretary publishes in the Federal Reg- Agreement, dated June 17, 2014, together (B) AMENDMENTS.—Any amendment to the ister the statement of findings described in with the exhibits to that agreement, entered into by the Band, the United States on be- Pechanga Settlement Agreement is author- subsection (f)(5). ized, ratified, and confirmed, to the extent (9) ESAA CAPACITY AGREEMENT.—The term half of the Band, its members and Allottees, that the amendment is executed to make the ‘‘ESAA Capacity Agreement’’ means the MWD, EMWD, and RCWD, including— Pechanga Settlement Agreement consistent ‘‘Agreement to Provide Capacity for Deliv- (A) the Extension of Service Area Agree- with this section. ery of ESAA Water’’, among the Band, ment; (2) EXECUTION OF PECHANGA SETTLEMENT RCWD and the United States. (B) the ESAA Capacity Agreement; and AGREEMENT.— (10) ESAA WATER.—The term ‘‘ESAA (C) the ESAA Water Delivery Agreement. Water’’ means imported potable water that (25) PECHANGA WATER CODE.—The term (A) IN GENERAL.—To the extent that the the Band receives from EMWD and MWD ‘‘Pechanga Water Code’’ means a water code Pechanga Settlement Agreement does not pursuant to the Extension of Service Area to be adopted by the Band in accordance conflict with this section, the Secretary is Agreement and delivered by RCWD pursuant with subsection (d)(6). directed to and promptly shall execute— to the ESAA Water Delivery Agreement. (26) PECHANGA WATER FUND ACCOUNT.—The (i) the Pechanga Settlement Agreement (11) ESAA WATER DELIVERY AGREEMENT.— term ‘‘Pechanga Water Fund account’’ (including any exhibit to the Pechanga Set- The term ‘‘ESAA Water Delivery Agree- means the account established by subsection tlement Agreement requiring the signature ment’’ means the agreement among EMWD, (h)(3)(C). of the Secretary); and RCWD, and the Band, establishing the terms (27) PECHANGA WATER QUALITY ACCOUNT.— (ii) any amendment to the Pechanga Set- and conditions of water service to the Band. The term ‘‘Pechanga Water Quality ac- tlement Agreement necessary to make the (12) EXTENSION OF SERVICE AREA AGREE- count’’ means the account established by Pechanga Settlement Agreement consistent MENT.—The term ‘‘Extension of Service Area subsection (h)(3)(D). with this section. Agreement’’ means the ‘‘Agreement for Ex- (28) PERMANENT CAPACITY.—The term ‘‘Per- (B) MODIFICATIONS.—Nothing in this sec- tension of Existing Service Area’’, among manent Capacity’’ has the meaning set forth tion precludes the Secretary from approving the Band, EMWD, and MWD, for the provi- in the ESAA Capacity Agreement. modifications to exhibits to the Pechanga sion of water service by EMWD to a des- (29) PERMANENT CAPACITY NOTICE.—The Settlement Agreement not inconsistent with ignated portion of the Reservation using term ‘‘Permanent Capacity Notice’’ has the this section, to the extent those modifica- water supplied by MWD. meaning set forth in the ESAA Capacity tions do not otherwise require congressional (13) FALLBROOK DECREE.— Agreement. approval pursuant to section 2116 of the Re- (A) IN GENERAL.—The term ‘‘Fallbrook De- (30) RCWD.— vised Statutes (25 U.S.C. 177) or other appli- cree’’ means the ‘‘Modified Final Judgment (A) IN GENERAL.—The term ‘‘RCWD’’ means cable Federal law. And Decree’’, entered in the Adjudication the Rancho California Water District orga- (3) ENVIRONMENTAL COMPLIANCE.— Proceeding on April 6, 1966. nized pursuant to section 34000 et seq. of the (A) IN GENERAL.—In implementing the (B) INCLUSIONS.—The term ‘‘Fallbrook De- California Water Code. Pechanga Settlement Agreement, the Sec- cree’’ includes all court orders, interlocutory (B) INCLUSIONS.—The term ‘‘RCWD’’ in- retary shall promptly comply with all appli- judgments, and decisions supplemental to cludes all real property owners for whom cable requirements of— the ‘‘Modified Final Judgment And Decree’’, RCWD acts as an agent pursuant to an agen- (i) the National Environmental Policy Act including Interlocutory Judgment No. 30, In- cy agreement. of 1969 (42 U.S.C. 4321 et seq.); terlocutory Judgment No. 35, and Interlocu- (31) RECYCLED WATER INFRASTRUCTURE (ii) the Endangered Species Act of 1973 (16 tory Judgment No. 41. AGREEMENT.—The term ‘‘Recycled Water In- U.S.C. 1531 et seq.); (14) FUND.—The term ‘‘Fund’’ means the frastructure Agreement’’ means the ‘‘Agree- (iii) all other applicable Federal environ- Pechanga Settlement Fund established by ment for Recycled Water Infrastructure’’ mental laws; and subsection (h). among the Band, RCWD, and the United (iv) all regulations promulgated under the (15) INDIAN TRIBE.—The term ‘‘Indian States. laws described in clauses (i) through (iii). tribe’’ has the meaning given the term in (32) RECYCLED WATER TRANSFER AGREE- (B) EXECUTION OF THE PECHANGA SETTLE- section 4 of the Indian Self-Determination MENT.—The term ‘‘Recycled Water Transfer MENT AGREEMENT.— and Education Assistance Act (25 U.S.C. Agreement’’ means the ‘‘Recycled Water (i) IN GENERAL.—Execution of the Pechanga 5304). Transfer Agreement’’ between the Band and Settlement Agreement by the Secretary (16) INJURY TO WATER RIGHTS.—The term RCWD. under this subsection shall not constitute a ‘‘injury to water rights’’ means an inter- (33) RESERVATION.— major Federal action under the National En- ference with, diminution of, or deprivation (A) IN GENERAL.—The term ‘‘Reservation’’ vironmental Policy Act of 1969 (42 U.S.C. 4321 of water rights under Federal or State law. means the land depicted on the map attached et seq.).

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(ii) COMPLIANCE.—The Secretary is directed the Tribal Water Right on the Reservation in (A) authorizes any action by an Allottee to carry out all Federal compliance nec- accordance with— (or any successor in interest to an Allottee) essary to implement the Pechanga Settle- (i) the Pechanga Settlement Agreement; against any individual or entity, or against ment Agreement. and the Band, under Federal, State, tribal, or (C) LEAD AGENCY.—The Bureau of Reclama- (ii) applicable Federal law. local law; or tion shall be designated as the lead agency (B) LEASES BY ALLOTTEES.— (B) alters or affects the status of any ac- with respect to environmental compliance. (i) IN GENERAL.—An Allottee may lease any tion pursuant to section 1491(a) of title 28, (d) TRIBAL WATER RIGHT.— interest in land held by the Allottee, to- United States Code. (1) INTENT OF CONGRESS.—It is the intent of gether with any water right determined to (e) SATISFACTION OF CLAIMS.— Congress to provide to each Allottee benefits be appurtenant to that interest in land. (1) IN GENERAL.—The benefits provided to that are equal to or exceed the benefits (ii) WATER RIGHT APPURTENANT.—Any the Band under the Pechanga Settlement Allottees possess as of the date of enactment water right determined to be appurtenant to Agreement and this Act shall be in complete of this section, taking into consideration— an interest in land leased by an Allottee replacement of, complete substitution for, (A) the potential risks, cost, and time shall be used on the Reservation. and full satisfaction of all claims of the Band delay associated with litigation that would (6) PECHANGA WATER CODE.— against the United States that are waived be resolved by the Pechanga Settlement (A) IN GENERAL.—Not later than 18 months and released pursuant to subsection (f). Agreement and this section; after the enforceability date, the Band shall (2) ALLOTTEE CLAIMS.—The benefits real- (B) the availability of funding under this enact a Pechanga Water Code, that provides ized by the Allottees under this section shall section; for— be in complete replacement of, complete sub- (C) the availability of water from the Trib- stitution for, and full satisfaction of— al Water Right and other water sources as (i) the management, regulation, and gov- (A) all claims that are waived and released set forth in the Pechanga Settlement Agree- ernance of all uses of the Tribal Water Right pursuant to subsection (f); and ment; and in accordance with the Pechanga Settlement (B) any claims of the Allottees against the (D) the applicability of section 7 of the Act Agreement; and United States that the Allottees have or of February 8, 1887 (25 U.S.C. 381), and this (ii) establishment by the Band of condi- could have asserted that are similar in na- section to protect the interests of Allottees. tions, permit requirements, and other limi- ture to any claim described in subsection (f). (2) CONFIRMATION OF TRIBAL WATER RIGHT.— tations relating to the storage, recovery, and (3) NO RECOGNITION OF WATER RIGHTS.—Ex- (A) IN GENERAL.—A Tribal Water Right of use of the Tribal Water Right in accordance up to 4,994 acre-feet of water per year that, with the Pechanga Settlement Agreement. cept as provided in subsection (d)(4), nothing under natural conditions, is physically avail- (B) INCLUSIONS.—The Pechanga Water Code in this section recognizes or establishes any able on the Reservation is confirmed in ac- shall provide— right of a member of the Band or an Allottee cordance with the Findings of Fact and Con- (i) that allocations of water to Allottees to water within the Reservation. clusions of Law set forth in Interlocutory shall be satisfied with water from the Tribal (4) CLAIMS RELATING TO DEVELOPMENT OF Judgment No. 41, as affirmed by the Water Right; WATER FOR RESERVATION.— Fallbrook Decree. (ii) that charges for delivery of water for (A) IN GENERAL.—The amounts authorized (B) USE.—Subject to the terms of the irrigation purposes for Allottees shall be as- to be appropriated pursuant to subsection (j) Pechanga Settlement Agreement, this sec- sessed in accordance with section 7 of the shall be used to satisfy any claim of the tion, the Fallbrook Decree and applicable Act of February 8, 1887 (25 U.S.C. 381); Allottees against the United States with re- Federal law, the Band may use the Tribal (iii) a process by which an Allottee (or any spect to the development or protection of Water Right for any purpose on the Reserva- successor in interest to an Allottee) may re- water resources for the Reservation. tion. quest that the Band provide water for irriga- (B) SATISFACTION OF CLAIMS.—Upon the (3) HOLDING IN TRUST.—The Tribal Water tion or domestic purposes in accordance with complete appropriation of amounts author- Right, as set forth in paragraph (2), shall— this section; ized pursuant to subsection (j), any claim of (A) be held in trust by the United States on (iv) a due process system for the consider- the Allottees against the United States with behalf of the Band and the Allottees in ac- ation and determination by the Band of any respect to the development or protection of cordance with this subsection; request by an Allottee (or any successor in water resources for the Reservation shall be (B) include the priority dates described in interest to an Allottee) for an allocation of deemed to have been satisfied. Interlocutory Judgment No. 41, as affirmed such water for irrigation or domestic pur- (f) WAIVER OF CLAIMS.— by the Fallbrook Decree; and poses on allotted land, including a process (1) IN GENERAL.— (C) not be subject to forfeiture or abandon- for— (A) WAIVER OF CLAIMS BY THE BAND AND THE ment. (I) appeal and adjudication of any denied or UNITED STATES ACTING IN ITS CAPACITY AS (4) ALLOTTEES.— disputed distribution of water; and TRUSTEE FOR THE BAND.— (A) APPLICABILITY OF ACT OF FEBRUARY 8, (II) resolution of any contested administra- (i) IN GENERAL.—Subject to the retention of 1887.—The provisions of section 7 of the Act of tive decision; and rights set forth in paragraph (3), in return February 8, 1887 (25 U.S.C. 381), relating to (v) a requirement that any Allottee (or any for recognition of the Tribal Water Right the use of water for irrigation purposes shall successor in interest to an Allottee) with a and other benefits as set forth in the apply to the Tribal Water Right. claim relating to the enforcement of rights Pechanga Settlement Agreement and this (B) ENTITLEMENT TO WATER.—Any entitle- of the Allottee (or any successor in interest section, the Band, on behalf of itself and the ment to water of allotted land located within to an Allottee) under the Pechanga Water members of the Band (but not on behalf of a the exterior boundaries of the Reservation Code or relating to the amount of water allo- tribal member in the capacity of Allottee), under Federal law shall be satisfied from the cated to land of the Allottee must first ex- and the United States, acting as trustee for Tribal Water Right. haust remedies available to the Allottee the Band, are authorized and directed to exe- (C) ALLOCATIONS.—Allotted land located under tribal law and the Pechanga Water cute a waiver and release of all claims for within the exterior boundaries of the Res- Code before initiating an action against the water rights within the Santa Margarita ervation shall be entitled to a just and equi- United States or petitioning the Secretary River Watershed that the Band, or the table allocation of water for irrigation and pursuant to paragraph (4)(D). United States acting as trustee for the Band, domestic purposes from the Tribal Water (C) ACTION BY SECRETARY.— asserted or could have asserted in any pro- Right. (i) IN GENERAL.—The Secretary shall ad- ceeding, including the Adjudication Pro- (D) EXHAUSTION OF REMEDIES.—Before as- minister the Tribal Water Right until the ceeding, except to the extent that such serting any claim against the United States Pechanga Water Code is enacted and ap- rights are recognized in the Pechanga Settle- under section 7 of the Act of February 8, 1887 proved under this subsection. ment Agreement and this section. (25 U.S.C. 381), or any other applicable law, (ii) APPROVAL.—Any provision of the (ii) CLAIMS AGAINST RCWD.—Subject to the an Allottee shall exhaust remedies available Pechanga Water Code and any amendment to retention of rights set forth in paragraph (3) under the Pechanga Water Code or other ap- the Pechanga Water Code that affects the and notwithstanding any provisions to the plicable tribal law. rights of Allottees— contrary in the Pechanga Settlement Agree- (E) CLAIMS.—Following exhaustion of rem- (I) shall be subject to the approval of the ment, the Band and the United States, on be- edies available under the Pechanga Water Secretary; and half of the Band and Allottees, fully release, Code or other applicable tribal law, an Allot- (II) shall not be valid until approved by the acquit, and discharge RCWD from— tee may seek relief under section 7 of the Act Secretary. (I) claims for injuries to water rights in of February 8, 1887 (25 U.S.C. 381), or other (iii) APPROVAL PERIOD.—The Secretary the Santa Margarita River Watershed for applicable law. shall approve or disapprove the Pechanga land located within the Reservation arising (F) AUTHORITY.—The Secretary shall have Water Code within a reasonable period of or occurring at any time up to and including the authority to protect the rights of time after the date on which the Band sub- June 30, 2009; Allottees as specified in this subsection. mits the Pechanga Water Code to the Sec- (II) claims for injuries to water rights in (5) AUTHORITY OF BAND.— retary for approval. the Santa Margarita River Watershed for (A) IN GENERAL.—Except as provided in (7) EFFECT.—Except as otherwise specifi- land located within the Reservation arising subparagraph (B), the Band shall have au- cally provided in this section, nothing in this or occurring at any time after June 30, 2009, thority to use, allocate, distribute, and lease section— resulting from the diversion or use of water

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5799 in a manner not in violation of the Pechanga (A) all claims for enforcement of the (B) all amounts authorized by this section Settlement Agreement or this section; Pechanga Settlement Agreement and this have been deposited in the Fund; (III) claims for subsidence damage to land section; (C) the waivers and releases authorized in located within the Reservation arising or oc- (B) all claims against any person or entity paragraph (1) have been executed by the curring at any time up to and including June other than the United States and RCWD, in- Band and the Secretary; 30, 2009; cluding claims for monetary damages; (D) the Extension of Service Area Agree- (IV) claims for subsidence damage arising (C) all claims for water rights that are out- ment— or occurring after June 30, 2009, to land lo- side the jurisdiction of the Adjudication (i) has been approved and executed by all cated within the Reservation resulting from Court; the parties to the Extension of Service Area the diversion of underground water in a man- (D) all rights to use and protect water Agreement; and ner consistent with the Pechanga Settle- rights acquired on or after the enforceability (ii) is effective and enforceable in accord- ment Agreement or this section; and date; and ance with the terms of the Extension of (V) claims arising out of, or relating in any (E) all remedies, privileges, immunities, Service Area Agreement; and manner to, the negotiation or execution of powers, and claims, including claims for (E) the ESAA Water Delivery Agreement— the Pechanga Settlement Agreement or the water rights, not specifically waived and re- (i) has been approved and executed by all negotiation or execution of this section. leased pursuant to this section and the the parties to the ESAA Water Delivery Pechanga Settlement Agreement. (B) CLAIMS BY THE UNITED STATES ACTING IN Agreement; and (4) EFFECT OF PECHANGA SETTLEMENT ITS CAPACITY AS TRUSTEE FOR ALLOTTEES.— (ii) is effective and enforceable in accord- AGREEMENT AND ACT.—Nothing in the Subject to the retention of claims set forth ance with the terms of the ESAA Water De- Pechanga Settlement Agreement or this sec- in paragraph (3), in return for recognition of livery Agreement. tion— the water rights of the Band and other bene- (6) TOLLING OF CLAIMS.— (A) affects the ability of the United States, fits as set forth in the Pechanga Settlement (A) IN GENERAL.—Each applicable period of acting as sovereign, to take actions author- Agreement and this section, the United limitation and time-based equitable defense ized by law, including any laws relating to States, acting as trustee for Allottees, is au- relating to a claim described in this sub- health, safety, or the environment, includ- thorized and directed to execute a waiver section shall be tolled for the period begin- ing— and release of all claims for water rights ning on the date of enactment of this Act (i) the Comprehensive Environmental Re- and ending on the earlier of— within the Santa Margarita River Watershed sponse, Compensation, and Liability Act of that the United States, acting as trustee for (i) April 30, 2030, or such alternate date 1980 (42 U.S.C. 9601 et seq.); after April 30, 2030, as is agreed to by the the Allottees, asserted or could have as- (ii) the Safe Drinking Water Act (42 U.S.C. serted in any proceeding, including the Adju- Band and the Secretary; or 300f et seq.); (ii) the enforceability date. dication Proceeding. (iii) the Federal Water Pollution Control (B) EFFECTS OF SUBSECTION.—Nothing in (C) CLAIMS BY THE BAND AGAINST THE Act (33 U.S.C. 1251 et seq.); and UNITED STATES.—Subject to the retention of this subsection revives any claim or tolls (iv) any regulations implementing the Acts any period of limitation or time-based equi- rights set forth in paragraph (3), the Band, described in clauses (i) through (iii); on behalf of itself and the members of the table defense that expired before the date of (B) affects the ability of the United States enactment of this Act. Band (but not on behalf of a tribal member to take actions acting as trustee for any (C) LIMITATION.—Nothing in this sub- in the capacity of Allottee), is authorized to other Indian tribe or an Allottee of any section precludes the tolling of any period of execute a waiver and release of— other Indian tribe; limitations or any time-based equitable de- (i) all claims against the United States (in- (C) confers jurisdiction on any State fense under any other applicable law. cluding the agencies and employees of the court— (7) TERMINATION.— United States) relating to claims for water (i) to interpret Federal law regarding (A) IN GENERAL.—If all of the amounts au- rights in, or water of, the Santa Margarita health, safety, or the environment; thorized to be appropriated to the Secretary River Watershed that the United States, act- (ii) to determine the duties of the United pursuant to this section have not been made ing in its capacity as trustee for the Band, States or other parties pursuant to Federal available to the Secretary by April 30, 2030— asserted, or could have asserted, in any pro- law regarding health, safety, or the environ- ceeding, including the Adjudication Pro- ment; or (i) the waivers authorized by this sub- ceeding, except to the extent that those (iii) to conduct judicial review of Federal section shall expire and have no force or ef- rights are recognized in the Pechanga Settle- agency action; fect; and ment Agreement and this section; (D) waives any claim of a member of the (ii) all statutes of limitations applicable to (ii) all claims against the United States Band in an individual capacity that does not any claim otherwise waived under this sub- (including the agencies and employees of the derive from a right of the Band; section shall be tolled until April 30, 2030. United States) relating to damages, losses, (E) limits any funding that RCWD would (B) VOIDING OF WAIVERS.—If a waiver au- or injuries to water, water rights, land, or otherwise be authorized to receive under any thorized by this subsection is void under sub- natural resources due to loss of water or Federal law, including, the Reclamation paragraph (A)— water rights (including damages, losses or Wastewater and Groundwater Study and Fa- (i) the approval of the United States of the injuries to hunting, fishing, gathering, or cilities Act (43 U.S.C. 390h et seq.) as that Pechanga Settlement Agreement under sub- cultural rights due to loss of water or water Act applies to permanent facilities for water section (c) shall be void and have no further rights, claims relating to interference with, recycling, demineralization, and desalina- force or effect; diversion, or taking of water or water rights, tion, and distribution of nonpotable water (ii) any unexpended Federal amounts ap- or claims relating to failure to protect, ac- supplies in Southern Riverside County, Cali- propriated or made available to carry out quire, replace, or develop water, water fornia; this section, together with any interest rights, or water infrastructure) in the Santa (F) characterizes any amounts received by earned on those amounts, and any water Margarita River Watershed that first ac- RCWD under the Pechanga Settlement rights or contracts to use water and title to crued at any time up to and including the Agreement or this section as Federal for pur- other property acquired or constructed with enforceability date; poses of section 1649 of the Reclamation Federal amounts appropriated or made avail- (iii) all claims against the United States Wastewater and Groundwater Study and Fa- able to carry out this section shall be re- (including the agencies and employees of the cilities Act (43 U.S.C. 390h–32); or turned to the Federal Government, unless United States) relating to the pending litiga- (G) affects the requirement of any party to otherwise agreed to by the Band and the tion of claims relating to the water rights of the Pechanga Settlement Agreement or any United States and approved by Congress; and the Band in the Adjudication Proceeding; of the exhibits to the Pechanga Settlement (iii) except for Federal amounts used to ac- and Agreement to comply with the National En- quire or develop property that is returned to (iv) all claims against the United States vironmental Policy Act of 1969 (42 U.S.C. 4321 the Federal Government under clause (ii), (including the agencies and employees of the et seq.) or the California Environmental the United States shall be entitled to set off United States) relating to the negotiation or Quality Act (Cal. Pub. Res. Code 21000 et any Federal amounts appropriated or made execution of the Pechanga Settlement seq.) prior to performing the respective obli- available to carry out this section that were Agreement or the negotiation or execution gations of that party under the Pechanga expended or withdrawn, together with any of this section. Settlement Agreement or any of the exhibits interest accrued, against any claims against (2) EFFECTIVENESS OF WAIVERS AND RE- to the Pechanga Settlement Agreement. the United States relating to water rights LEASES.—The waivers under paragraph (1) (5) ENFORCEABILITY DATE.—The enforce- asserted by the Band or Allottees in any fu- shall take effect on the enforceability date. ability date shall be the date on which the ture settlement of the water rights of the (3) RESERVATION OF RIGHTS AND RETENTION Secretary publishes in the Federal Register a Band or Allottees. OF CLAIMS.—Notwithstanding the waivers statement of findings that— (g) WATER FACILITIES.— and releases authorized in this section, the (A) the Adjudication Court has approved (1) IN GENERAL.—The Secretary shall, sub- Band, on behalf of itself and the members of and entered a judgment and decree approving ject to the availability of appropriations, the Band, and the United States, acting in the Pechanga Settlement Agreement in sub- using amounts from the designated accounts its capacity as trustee for the Band and stantially the same form as Appendix 2 to of the Fund, provide the amounts necessary Allottees, retain— the Pechanga Settlement Agreement; to fulfill the obligations of the Band under

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Fund to the date of disbursement from the section (h)(5), on execution of the ESAA Ca- (6) WITHDRAWALS BY BAND PURSUANT TO THE Fund, in accordance with this section and pacity Agreement, the Secretary shall, sub- AMERICAN INDIAN TRUST FUND MANAGEMENT the terms and conditions of those agree- ject to the availability of appropriations and REFORM ACT.— ments. using amounts from the ESAA Delivery Ca- (A) IN GENERAL.—The Band may withdraw (2) NONREIMBURSABILITY OF COSTS.—All pacity account, provide amounts necessary all or part of the amounts in the Fund on ap- costs incurred by the Secretary in carrying to fulfill the obligations of the Band under proval by the Secretary of a tribal manage- out this subsection shall be nonreimburs- the ESAA Capacity Agreement for the provi- ment plan submitted by the Band in accord- able. sion by RCWD of Permanent Capacity to the ance with the American Indian Trust Fund (3) RECYCLED WATER INFRASTRUCTURE.— Band in an amount not to exceed the amount Management Reform Act of 1994 (25 U.S.C. (A) IN GENERAL.—The Secretary shall, available in the ESAA Delivery Capacity ac- 4001 et seq.). using amounts from the Pechanga Recycled count as of the date on which the ESAA Ca- (B) REQUIREMENTS.— Water Infrastructure account, provide pacity Agreement is executed. (i) IN GENERAL.—In addition to the require- amounts for the Storage Pond in accordance (iii) PROCEDURE.—The procedure for the ments under the American Indian Trust with this paragraph. Secretary to provide funds pursuant to this Fund Management Reform Act of 1994 (25 (B) STORAGE POND.— subparagraph shall be as set forth in the U.S.C. 4001 et seq.), the tribal management (i) IN GENERAL.—The Secretary shall, sub- ESAA Capacity Agreement. plan under subparagraph (A) shall require ject to the availability of appropriations, (iv) LEAD AGENCY.—The Bureau of Rec- that the Band shall spend all amounts with- provide the amounts necessary to fulfill the lamation shall be the lead agency for pur- drawn from the Fund in accordance with this obligations of the Band under the Recycled poses of the implementation of this subpara- section. Water Infrastructure Agreement for the de- graph. (ii) ENFORCEMENT.—The Secretary may sign and construction of the Storage Pond, (v) LIABILITY.—The United States shall in an amount not to exceed $2,656,374. have no responsibility or liability for the carry out such judicial or administrative ac- tions as the Secretary determines to be nec- (ii) PROCEDURE.—The procedure for the Permanent Capacity to be provided by Secretary to provide amounts pursuant to RCWD. essary to enforce the tribal management plan to ensure that amounts withdrawn by this paragraph shall be as set forth in the (vi) TRANSFER TO BAND.—If RCWD does not Recycled Water Infrastructure Agreement. provide the Permanent Capacity Notice re- the Band from the Fund under this para- (iii) LEAD AGENCY.—The Bureau of Rec- quired pursuant to the ESAA Capacity graph are used in accordance with this sec- lamation shall be the lead agency for pur- Agreement by the date that is 5 years after tion. poses of the implementation of this para- the enforceability date, the amounts in the (7) WITHDRAWALS BY BAND PURSUANT TO AN graph. Pechanga ESAA Delivery Capacity account EXPENDITURE PLAN.— (iv) LIABILITY.—The United States shall for purposes of the provision of Permanent (A) IN GENERAL.—The Band may submit an have no responsibility or liability for the Capacity, including any interest that has ac- expenditure plan for approval by the Sec- Storage Pond. crued on those amounts, shall be available retary requesting that all or part of the (4) ESAA DELIVERY CAPACITY.— for use by the Band to provide alternative amounts in the Fund be disbursed in accord- (A) IN GENERAL.—The Secretary shall, permanent capacity in a manner that is ance with the plan. using amounts from the Pechanga ESAA De- similar to the Permanent Capacity that the (B) REQUIREMENTS.—The expenditure plan livery Capacity account, provide amounts for Band would have received had RCWD pro- under subparagraph (A) shall include a de- Interim Capacity and Permanent Capacity in vided such Permanent Capacity. scription of the manner and purpose for accordance with this paragraph. (h) PECHANGA SETTLEMENT FUND.— which the amounts proposed to be disbursed (B) INTERIM CAPACITY.— (1) ESTABLISHMENT.—There is established from the Fund will be used, in accordance (i) IN GENERAL.—The Secretary shall, sub- in the Treasury of the United States a fund with paragraph (8). ject to the availability of appropriations, to be known as the ‘‘Pechanga Settlement (C) APPROVAL.—If the Secretary deter- using amounts from the ESAA Delivery Ca- Fund’’, to be managed, invested, and distrib- mines that an expenditure plan submitted pacity account, provide amounts necessary uted by the Secretary and to be available under this subsection is consistent with the to fulfill the obligations of the Band under until expended, and, together with any inter- purposes of this section, the Secretary shall the ESAA Capacity Agreement for the provi- est earned on those amounts, to be used sole- approve the plan. sion by RCWD of Interim Capacity to the ly for the purpose of carrying out this sec- (D) ENFORCEMENT.—The Secretary may Band in an amount not to exceed $1,000,000. tion. carry out such judicial or administrative ac- (ii) PROCEDURE.—The procedure for the (2) TRANSFERS TO FUND.—The Fund shall tions as the Secretary determines necessary Secretary to provide amounts pursuant to consist of such amounts as are deposited in to enforce an expenditure plan to ensure that this subparagraph shall be as set forth in the the Fund under subsection (j), together with amounts disbursed under this paragraph are ESAA Capacity Agreement. any interest earned on those amounts, which used in accordance with this section. (iii) LEAD AGENCY.—The Bureau of Rec- shall be available in accordance with para- (8) USES.—Amounts from the Fund shall be lamation shall be the lead agency for pur- graph (5). used by the Band for the following purposes: poses of the implementation of this subpara- (3) ACCOUNTS OF PECHANGA SETTLEMENT (A) PECHANGA RECYCLED WATER INFRA- graph. FUND.—The Secretary shall establish in the STRUCTURE ACCOUNT.—The Pechanga Recy- (iv) LIABILITY.—The United States shall Fund the following accounts: cled Water Infrastructure account shall be have no responsibility or liability for the In- (A) Pechanga Recycled Water Infrastruc- used for expenditures by the Band in accord- terim Capacity to be provided by RCWD. ture account, consisting of amounts author- ance with subsection (g)(3). (v) TRANSFER TO BAND.—If RCWD does not ized pursuant to subsection (j)(1). (B) PECHANGA ESAA DELIVERY CAPACITY AC- provide the Interim Capacity Notice required (B) Pechanga ESAA Delivery Capacity ac- COUNT.—The Pechanga ESAA Delivery Ca- pursuant to the ESAA Capacity Agreement count, consisting of amounts authorized pur- pacity account shall be used for expenditures by the date that is 60 days after the date re- suant to subsection (j)(2). by the Band in accordance with subsection quired under the ESAA Capacity Agreement, (C) Pechanga Water Fund account, con- (g)(4). the amounts in the Pechanga ESAA Delivery sisting of amounts authorized pursuant to (C) PECHANGA WATER FUND ACCOUNT.—The Capacity account for purposes of the provi- subsection (j)(3). Pechanga Water Fund account shall be used sion of Interim Capacity and Permanent Ca- (D) Pechanga Water Quality account, con- for— pacity, including any interest that has ac- sisting of amounts authorized pursuant to (i) payment of the EMWD Connection Fee; crued on those amounts, shall be available subsection (j)(4). (ii) payment of the MWD Connection Fee; for use by the Band to provide alternative in- (4) MANAGEMENT OF FUND.—The Secretary and terim capacity in a manner that is similar to shall manage, invest, and distribute all (iii) any expenses, charges, or fees incurred the Interim Capacity and Permanent Capac- amounts in the Fund in a manner that is by the Band in connection with the delivery ity that the Band would have received had consistent with the investment authority of or use of water pursuant to the Pechanga RCWD provided such Interim Capacity and the Secretary under— Settlement Agreement. Permanent Capacity. (A) the first section of the Act of June 24, (D) PECHANGA WATER QUALITY ACCOUNT.— (C) PERMANENT CAPACITY.— 1938 (25 U.S.C. 162a); The Pechanga Water Quality account shall (i) IN GENERAL.—On receipt of the Perma- (B) the American Indian Trust Fund Man- be used by the Band to fund groundwater de- nent Capacity Notice pursuant to section agement Reform Act of 1994 (25 U.S.C. 4001 et salination activities within the Wolf Valley 5(b) of the ESAA Capacity Agreement, the seq.); and Basin. Secretary, acting through the Bureau of Rec- (C) this subsection. (9) LIABILITY.—The Secretary and the Sec- lamation, shall enter into negotiations with (5) AVAILABILITY OF AMOUNTS.—Amounts retary of the Treasury shall not be liable for RCWD and the Band to establish an agree- appropriated to, and deposited in, the Fund, the expenditure of, or the investment of any

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amounts withdrawn from, the Fund by the ternative date agreed to by the Band and the (B) PRIOR APPROVAL REQUIRED.—Response Band under paragraph (6) or (7). Secretary; costs incurred after September 9, 2016, are el- (10) NO PER CAPITA DISTRIBUTIONS.—No por- (2) any action taken by the Secretary and igible for payment by the Administrator tion of the Fund shall be distributed on a per any contract or agreement pursuant to the under this subsection if— capita basis to any member of the Band. authority provided under any provision of (i) the Administrator approves the re- (i) MISCELLANEOUS PROVISIONS.— this section shall be void; sponse costs under section 111(a)(2) of the (1) WAIVER OF SOVEREIGN IMMUNITY BY THE (3) any amounts appropriated under sub- Comprehensive Environmental Response, UNITED STATES.—Except as provided in sub- section (j), together with any interest on Compensation, and Liability Act of 1980 (42 sections (a) through (c) of section 208 of the those amounts, shall immediately revert to U.S.C. 9611(a)(2)); and Department of Justice Appropriation Act, the general fund of the Treasury; and (ii) the response costs are not inconsistent 1953 (43 U.S.C. 666), nothing in this section (4) any amounts made available under sub- with the National Contingency Plan. waives the sovereign immunity of the United section (j) that remain unexpended shall im- (3) PRESUMPTION.— States. mediately revert to the general fund of the (A) IN GENERAL.—The Administrator shall (2) OTHER TRIBES NOT ADVERSELY AF- Treasury. consider response costs claimed under para- FECTED.—Nothing in this section quantifies (l) ANTIDEFICIENCY.— graph (1) to be eligible response costs if a or diminishes any land or water right, or any (1) IN GENERAL.—Notwithstanding any au- reasonable basis exists to establish that the claim or entitlement to land or water, of an thorization of appropriations to carry out response costs are not inconsistent with the Indian tribe, band, or community other than this section, the expenditure or advance of National Contingency Plan. the Band. any funds, and the performance of any obli- (B) APPLICABLE STANDARD.—In determining (3) LIMITATION ON CLAIMS FOR REIMBURSE- gation by the Department in any capacity, whether a response cost is not inconsistent MENT.—With respect to Indian land within pursuant to this section shall be contingent with the National Contingency Plan, the Ad- the Reservation— on the appropriation of funds for that ex- ministrator shall apply the same standard (A) the United States shall not submit penditure, advance, or performance. that the United States applies in seeking re- against any Indian-owned land located with- (2) LIABILITY.—The Department of the In- covery of the response costs of the United in the Reservation any claim for reimburse- terior shall not be liable for the failure to States from responsible parties under section ment of the cost to the United States of car- carry out any obligation or activity author- 107 of the Comprehensive Environmental Re- rying out this section and the Pechanga Set- ized by this section if adequate appropria- sponse, Compensation, and Liability Act of tlement Agreement; and tions are not provided to carry out this sec- 1980 (42 U.S.C. 9607). (B) no assessment of any Indian-owned tion. (4) TIMING.— land located within the Reservation shall be SEC. 8010. GOLD KING MINE SPILL RECOVERY. (A) IN GENERAL.—Not later than 90 days made regarding that cost. (a) DEFINITIONS.—In this section: after the date of enactment of this Act, the (4) EFFECT ON CURRENT LAW.—Nothing in (1) ADMINISTRATOR.—The term ‘‘Adminis- Administrator shall make a decision on, and this subsection affects any provision of law trator’’ means the Administrator of the En- pay, any eligible response costs submitted to (including regulations) in effect on the day vironmental Protection Agency. the Administrator before that date of enact- before the date of enactment of this Act with (2) CLAIMANT.—The term ‘‘claimant’’ ment. respect to preenforcement review of any Fed- means a State, Indian tribe, or local govern- (B) SUBSEQUENTLY FILED CLAIMS.—Not later eral environmental enforcement action. ment that submits a claim under subsection than 90 days after the date on which a claim (j) AUTHORIZATION OF APPROPRIATIONS.— (c). is submitted to the Administrator, the Ad- (1) PECHANGA RECYCLED WATER INFRASTRUC- (3) GOLD KING MINE RELEASE.—The term ministrator shall make a decision on, and TURE ACCOUNT.—There is authorized to be ap- ‘‘Gold King Mine release’’ means the dis- pay, any eligible response costs. propriated $2,656,374, for deposit in the charge on August 5, 2015, of approximately (C) DEADLINE.—All claims under this sub- Pechanga Recycled Water Infrastructure ac- 3,000,000 gallons of contaminated water from section shall be submitted to the Adminis- count, to carry out the activities described the Gold King Mine north of Silverton, Colo- trator not later than 180 days after the date in subsection (g)(3). rado, into Cement Creek that occurred while of enactment of this Act. (2) PECHANGA ESAA DELIVERY CAPACITY AC- contractors of the Environmental Protection (D) NOTIFICATION.—Not later than 30 days COUNT.—There is authorized to be appro- Agency were conducting an investigation of after the date on which the Administrator priated $17,900,000, for deposit in the the Gold King Mine to assess mine condi- makes a decision under subparagraph (A) or Pechanga ESAA Delivery Capacity account, tions. (B), the Administrator shall notify the which amount shall be adjusted for changes (4) NATIONAL CONTINGENCY PLAN.—The term claimant of the decision. in construction costs since June 30, 2009, as ‘‘National Contingency Plan’’ means the Na- is indicated by ENR Construction Cost tional Contingency Plan prepared and pub- (d) WATER QUALITY PROGRAM.— Index, 20-City Average, as applicable to the lished under part 300 of title 40, Code of Fed- (1) IN GENERAL.—In response to the Gold types of construction required for the Band eral Regulations (or successor regulations). King Mine release, the Administrator, in conjunction with affected States, Indian to provide the infrastructure necessary for (5) RESPONSE.—The term ‘‘response’’ has the Band to provide the Interim Capacity the meaning given the term in section 101 of tribes, and local governments, shall, subject and Permanent Capacity in the event that the Comprehensive Environmental Response, to the availability of appropriations, develop RCWD elects not to provide the Interim Ca- Compensation, and Liability Act of 1980 (42 and implement a program for long-term pacity or Permanent Capacity as set forth in U.S.C. 9601). water quality monitoring of rivers contami- the ESAA Capacity Agreement and con- (b) SENSE OF CONGRESS.—It is the sense of nated by the Gold King Mine release. templated in subparagraphs (B)(v) and (C)(vi) Congress that the Administrator should re- (2) REQUIREMENTS.—In carrying out the of subsection (g)(4), with such adjustment ceive and process, as expeditiously as pos- program described in paragraph (1), the Ad- ending on the date on which funds author- sible, claims under chapter 171 of title 28, ministrator, in conjunction with affected ized to be appropriated under this subsection United States Code (commonly known as the States, Indian tribes, and local governments, have been deposited in the Fund. ‘‘Federal Tort Claims Act’’) for any injury shall— (3) PECHANGA WATER FUND ACCOUNT.—There arising out of the Gold King Mine release. (A) collect water quality samples and sedi- is authorized to be appropriated $5,483,653, (c) GOLD KING MINE RELEASE CLAIMS PUR- ment data; for deposit in the Pechanga Water Fund ac- SUANT TO THE COMPREHENSIVE ENVIRON- (B) provide the public with a means of count, which amount shall be adjusted for MENTAL RESPONSE, COMPENSATION, AND LI- viewing the water quality sample results and changes in appropriate cost indices since ABILITY ACT.— sediment data referred to in subparagraph June 30, 2009, with such adjustment ending (1) IN GENERAL.—The Administrator shall, (A) by, at a minimum, posting the informa- on the date of deposit in the Fund, for the consistent with the National Contingency tion on the website of the Administrator; purposes set forth in subsection (h)(8)(C). Plan, receive and process under the Com- (C) take any other reasonable measure nec- (4) PECHANGA WATER QUALITY ACCOUNT.— prehensive Environmental Response, Com- essary to assist affected States, Indian There is authorized to be appropriated pensation, and Liability Act of 1980 (42 tribes, and local governments with long-term $2,460,000, for deposit in the Pechanga Water U.S.C. 9601 et seq.), and pay from appropria- water monitoring; and Quality account, which amount shall be ad- tions made available to the Administrator to (D) carry out additional program activities justed for changes in appropriate cost indices carry out that Act, any claim made by a related to long-term water quality moni- since June 30, 2009, with such adjustment State, Indian tribe, or local government for toring that the Administrator determines to ending on the date of deposit in the Fund, for eligible response costs relating to the Gold be necessary. the purposes set forth in subsection (h)(8)(D). King Mine release. (3) AUTHORIZATION OF APPROPRIATIONS.— (k) REPEAL ON FAILURE OF ENFORCEABILITY (2) ELIGIBLE RESPONSE COSTS.— There are authorized to be appropriated to DATE.—If the Secretary does not publish a (A) IN GENERAL.—Response costs incurred the Administrator such sums as may be nec- statement of findings under subsection (f)(5) between August 5, 2015, and September 9, essary to carry out this subsection, includ- by April 30, 2021, or such alternative later 2016, are eligible for payment by the Admin- ing the reimbursement of affected States, In- date as is agreed to by the Band and the Sec- istrator under this subsection, without prior dian tribes, and local governments for the retary, as applicable— approval by the Administrator, if the re- costs of long-term water quality monitoring (1) this section is repealed effective on the sponse costs are not inconsistent with the of any river contaminated by the Adminis- later of May 1, 2021, or the day after the al- National Contingency Plan. trator.

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(e) EXISTING STATE AND TRIBAL LAW.— (8) TRAILER AREA.—The term ‘‘trailer area’’ Bureau of Reclamation, inclusive of sites lo- Nothing in this section affects the jurisdic- means any of the following areas at Heart cated on tracts permitted to organized tion or authority of any department, agency, Butte Dam and Reservoir (Lake Tschida) (as groups on Reclamation reservoirs. or officer of any State government or any In- described in the document of the Bureau of (C) Not more than 2 persons may be per- dian tribe. Reclamation entitled ‘‘Heart Butte Res- mittees under 1 permit, unless— (f) SAVINGS CLAUSE.—Nothing in this sec- ervoir Resource Management Plan’’ (March (i) approved by the Secretary; or tion affects any right of any State, Indian 2008)): (ii) the additional persons are immediate tribe, or other person to bring a claim (A) Trailer Area 1 and 2, also known as family members of the permittees. against the United States for response costs Management Unit 034. (e) ANCHORING REQUIREMENTS FOR TRAILER or natural resources damages pursuant to (B) Southside Trailer Area, also known as HOMES.—The Secretary shall require compli- section 107 of the Comprehensive Environ- Management Unit 014. ance with appropriate anchoring require- mental Response, Compensation, and Liabil- (9) TRAILER HOME.—The term ‘‘trailer ments for each trailer home (including addi- ity Act of 1980 (42 U.S.C. 9607). home’’ means a dwelling placed on a sup- tions to the trailer home) and other objects on a lot in a trailer area, as determined by SEC. 8011. REPORTS BY THE COMPTROLLER GEN- porting frame that— ERAL. (A) has or had a tow-hitch; and the Secretary, after consulting with permit- Not later than 5 years after the date of en- (B) is made mobile, or is capable of being tees. (f) REPLACEMENT, REMOVAL, AND RETURN.— actment of this Act, the Comptroller General made mobile, by an axle and wheels. (1) REPLACEMENT.—Permittees may replace of the United States shall conduct the fol- (b) PERMIT RENEWAL AND PERMITTED USE.— (1) IN GENERAL.—The Secretary shall use their trailer home with another trailer lowing reviews and submit to Congress re- home. ports describing the results of the reviews: the same permit renewal process for trailer area permits as the Secretary uses for other (2) REMOVAL AND RETURN.—Permittees (1) A review of the implementation and ef- may— fectiveness of the Columbia River Basin res- permit renewals in other reservoirs in the State of North Dakota administered by the (A) remove their trailer home; and toration program authorized under part V of Dakotas Area Office of the Bureau of Rec- (B) if the permittee removes their trailer subtitle F of title VII. lamation. home under subparagraph (A), return the (2) A review of the implementation and ef- (2) TRAILER HOMES.—With respect to a trailer home to the lot of the permittee. fectiveness of watercraft inspection stations trailer home, a permit for each permit year (g) LIABILITY; TAKING.— established by the Secretary under section shall authorize the permittee— (1) LIABILITY.—The United States shall not 104 of the River and Harbor Act of 1958 (33 (A) to park the trailer home on the lot; be liable for flood damage to the personal U.S.C. 610) in preventing the spread of aquat- (B) to use the trailer home on the lot; property of a permittee or for damages aris- ic invasive species at reservoirs operated and (C) to physically move the trailer home on ing out of any act, omission, or occurrence maintained by the Secretary. and off the lot; and relating to a lot to which a permit applies, SEC. 8012. SENSE OF CONGRESS. (D) to leave on the lot any addition, deck, other than for damages caused by an act or It is the sense of Congress that— porch, entryway, step to the trailer home, omission of the United States or an em- (1) State water quality standards that im- propane tank, or storage shed. ployee, agent, or contractor of the United pact the disposal of dredged material should (3) CAMPERS OR RECREATIONAL VEHICLES.— States before the date of enactment of this be developed collaboratively, with input With respect to a camper or recreational ve- Act. from all relevant stakeholders; hicle, a permit shall, for each permit year— (2) TAKING.—Any temporary flooding or (2) Open-water disposal of dredged material (A) from April 1 to October 31, authorize flood damage to the personal property of a should be reduced to the maximum extent the permittee— permittee shall not be a taking by the practicable; (i) to park the camper or recreational vehi- United States. (3) Where practicable, the preference is for cle on the lot; TITLE IX—BLACKFEET WATER RIGHTS disputes between states related to the dis- (ii) to use the camper or recreational vehi- SETTLEMENT ACT posal of dredged material and the protection cle on the lot; and SEC. 9001. SHORT TITLE. of water quality to be resolved between the (iii) to move the camper or recreational ve- This title may be cited as the ‘‘Blackfeet states in accordance with regional plans and hicle on and off the lot; and Water Rights Settlement Act’’. involving regional bodies. (B) from November 1 to March 31, require a SEC. 9002. PURPOSES. SEC. 8013. BUREAU OF RECLAMATION DAKOTAS permittee to remove the camper or rec- The purposes of this title are— AREA OFFICE PERMIT FEES FOR reational vehicle from the lot. (1) to achieve a fair, equitable, and final CABINS AND TRAILERS. (c) REMOVAL.— settlement of claims to water rights in the During the period ending 5 years after the (1) IN GENERAL.—The Secretary may re- State of Montana for— date of enactment of this Act, the Secretary quire removal of a trailer home from a lot in (A) the Blackfeet Tribe of the Blackfeet In- of the Interior shall not increase the permit a trailer area if the trailer home is flooded dian Reservation; and fee for a cabin or trailer on land in the State after the date of enactment of this Act. (B) the United States, for the benefit of the of North Dakota administered by the Dako- (2) REMOVAL AND NEW USE.—If the Sec- Tribe and allottees; tas Area Office of the Bureau of Reclamation retary requires removal of a trailer home (2) to authorize, ratify, and confirm the by more than 33 percent of the permit fee under paragraph (1), on request by the per- water rights compact entered into by the that was in effect on January 1, 2016. mittee, the Secretary shall authorize the Tribe and the State, to the extent that the SEC. 8014. USE OF TRAILER HOMES AT HEART permittee— Compact is consistent with this title; BUTTE DAM AND RESERVOIR (LAKE (A) to replace the trailer home on the lot (3) to authorize and direct the Secretary of TSCHIDA). with a camper or recreational vehicle in ac- the Interior— (a) DEFINITIONS.—In this section: cordance with this section; or (A) to execute the Compact; and (1) ADDITION.—The term ‘‘addition’’ means (B) to place a trailer home on the lot from (B) to take any other action necessary to any enclosed structure added onto the struc- April 1 to October 31. carry out the Compact in accordance with ture of a trailer home that increases the liv- (d) TRANSFER OF PERMITS.— this title; and ing area of the trailer home. (1) TRANSFER OF TRAILER HOME TITLE.—If a (4) to authorize funds necessary for the im- (2) CAMPER OR RECREATIONAL VEHICLE.—The permittee transfers title to a trailer home plementation of the Compact and this title. term ‘‘camper or recreational vehicle’’ in- permitted on a lot in a trailer area, the Sec- SEC. 9003. DEFINITIONS. cludes— retary shall issue a permit to the transferee, In this title: (A) a camper, motorhome, trailer camper, under the same terms as the permit applica- (1) ALLOTTEE.—The term ‘‘allottee’’ means bumper hitch camper, fifth wheel camper, or ble on the date of transfer, subject to the any individual who holds a beneficial real equivalent mobile shelter; and conditions described in paragraph (3). property interest in an allotment of Indian (B) a recreational vehicle. (2) TRANSFER OF CAMPER OR RECREATIONAL land that is— (3) IMMEDIATE FAMILY.—The term ‘‘imme- VEHICLE TITLE.—If a permittee who has a per- (A) located within the Reservation; and diate family’’ means a spouse, grandparent, mit to use a camper or recreational vehicle (B) held in trust by the United States. parent, sibling, child, or grandchild. on a lot in a trailer area transfers title to (2) BIRCH CREEK AGREEMENT.—The term (4) PERMIT.—The term ‘‘permit’’ means a the interests of the permittee on or to the ‘‘Birch Creek Agreement’’ means— permit issued by the Secretary authorizing lot, the Secretary shall issue a permit to the (A) the agreement between the Tribe and the use of a lot in a trailer area. transferee, subject to the conditions de- the State regarding Birch Creek water use (5) PERMIT YEAR.—The term ‘‘permit year’’ scribed in paragraph (3). dated January 31, 2008 (as amended on Feb- means the period beginning on April 1 of a (3) CONDITIONS.—A permit issued by the ruary 13, 2009); and calendar year and ending on March 31 of the Secretary under paragraph (1) or (2) shall be (B) any amendment or exhibit (including following calendar year. subject to the following conditions: exhibit amendments) to that agreement that (6) PERMITTEE.—The term ‘‘permittee’’ (A) A permit may not be held in the name is executed in accordance with this title. means a person holding a permit. of a corporation. (3) BLACKFEET IRRIGATION PROJECT.—The (7) SECRETARY.—The term ‘‘Secretary’’ (B) A permittee may not have an interest term ‘‘Blackfeet Irrigation Project’’ means means the Secretary of the Interior, acting in, or control of, more than 1 seasonal trailer the irrigation project authorized by the mat- through the Commissioner of Reclamation. home site in the Great Plains Region of the ter under the heading ‘‘MONTANA’’ of title

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II of the Act of March 1, 1907 (34 Stat. 1035, (iv) the Executive order of April 13, 1875 (2) EFFECT OF EXECUTION.— chapter 2285), and administered by the Bu- (relating to the Blackfeet Reserve); (A) IN GENERAL.—The execution of the reau of Indian Affairs. (v) the Executive order of July 13, 1880 (re- Compact by the Secretary under this section (4) COMPACT.—The term ‘‘Compact’’ lating to the Blackfeet Reserve); shall not constitute a major Federal action means— (vi) the Agreement with the Blackfeet, for purposes of the National Environmental (A) the Blackfeet-Montana water rights ratified by the Act of May 1, 1888 (25 Stat. Policy Act of 1969 (42 U.S.C. 4321 et seq.). compact dated April 15, 2009, as contained in 113, chapter 213); and (B) COMPLIANCE.—The Secretary shall section 85–20–1501 of the Montana Code Anno- (vii) the Agreement with the Blackfeet, carry out all Federal compliance activities tated (2015); and ratified by the Act of June 10, 1896 (29 Stat. necessary to implement the Compact and (B) any amendment or exhibit (including 353, chapter 398). this title. exhibit amendments) to the Compact that is (15) ST. MARY RIVER WATER RIGHT.—The SEC. 9005. MILK RIVER WATER RIGHT. executed to make the Compact consistent term ‘‘St. Mary River water right’’ means (a) IN GENERAL.—With respect to the Milk with this title. that portion of the Tribal water rights de- River water right, the Tribe— (5) ENFORCEABILITY DATE.—The term ‘‘en- scribed in article III.G.1.a.i. of the Compact (1) may continue the historical uses and forceability date’’ means the date described and this title. the uses in existence on the date of enact- in section 9020(f). (16) ST. MARY UNIT.— ment of this title; and (A) IN GENERAL.—The term ‘‘St. Mary (6) LAKE ELWELL.—The term ‘‘Lake Elwell’’ (2) except as provided in article III.F.1.d of means the water impounded on the Marias Unit’’ means the St. Mary Storage Unit of the Compact, shall not develop new uses the Milk River Project authorized by Con- River in the State by Tiber Dam, a feature of until the date on which— gress on March 25, 1905. the Lower Marias Unit of the Pick-Sloan (A) the Tribe has entered into the agree- (B) INCLUSIONS.—The term ‘‘St. Mary Missouri River Basin Program authorized by ment described in subsection (c); or Unit’’ includes— (B) the Secretary has established the terms section 9 of the Act of December 22, 1944 (i) Sherburne Dam and Reservoir; and conditions described in subsection (e). (commonly known as the ‘‘Flood Control Act (ii) Swift Current Creek Dike; (b) WATER RIGHTS ARISING UNDER STATE of 1944’’) (58 Stat. 891, chapter 665). (iii) Lower St. Mary Lake; LAW.—With respect to any water rights aris- (7) MILK RIVER BASIN.—The term ‘‘Milk (iv) St. Mary Canal Diversion Dam; and ing under State law in the Milk River Basin River Basin’’ means the North Fork, Middle (v) St. Mary Canal and appurtenances. owned or acquired by the Tribe, the Tribe— Fork, South Fork, and main stem of the (17) SECRETARY.—The term ‘‘Secretary’’ (1) may continue any use in existence on Milk River and tributaries, from the head- means the Secretary of the Interior. the date of enactment of this title; and waters to the confluence with the Missouri (18) STATE.—The term ‘‘State’’ means the (2) shall not change any use until the date River. State of Montana. on which— ILK RIVER PROJECT (8) M .— (19) SWIFTCURRENT CREEK BANK STABILIZA- (A) the Tribe has entered into the agree- (A) IN GENERAL.—The term ‘‘Milk River TION PROJECT.—The term ‘‘Swiftcurrent ment described in subsection (c); or Project’’ means the Bureau of Reclamation Creek Bank Stabilization Project’’ means (B) the Secretary has established the terms project conditionally approved by the Sec- the project to mitigate the physical and en- and conditions described in subsection (e). retary on March 14, 1903, pursuant to the Act vironmental problems associated with the (c) TRIBAL AGREEMENT.— of June 17, 1902 (32 Stat. 388, chapter 1093), St. Mary Unit from Sherburne Dam to the (1) IN GENERAL.—In consultation with the commencing at Lake Sherburne Reservoir St. Mary River, as described in the report en- Commissioner of Reclamation and the Direc- and providing water to a point approxi- titled ‘‘Boulder/Swiftcurrent Creek Sta- tor of the Bureau of Indian Affairs, the Tribe mately 6 miles east of Nashua, Montana. bilization Project, Phase II Investigations and the Fort Belknap Indian Community (B) INCLUSIONS.—The term ‘‘Milk River Report’’, prepared by DOWL HKM, and dated shall enter into an agreement to provide for Project’’ includes— March 2012. the exercise of their respective water rights (i) the St. Mary Unit; (20) TRIBAL WATER RIGHTS.—The term on the respective reservations of the Tribe (ii) the Fresno Dam and Reservoir; and ‘‘Tribal water rights’’ means the water and the Fort Belknap Indian Community in (iii) the Dodson pumping unit. rights of the Tribe described in article III of the Milk River. (9) MILK RIVER PROJECT WATER RIGHTS.— the Compact and this title, including— (2) CONSIDERATIONS.—The agreement en- The term ‘‘Milk River Project water rights’’ (A) the Lake Elwell allocation provided to tered into under paragraph (1) shall take means the water rights held by the Bureau of the Tribe under section 9009; and into consideration— Reclamation on behalf of the Milk River (B) the instream flow water rights de- (A) the equal priority dates of the 2 Indian Project, as finally adjudicated by the Mon- scribed in section 9019. tribes; tana Water Court. (21) TRIBE.—The term ‘‘Tribe’’ means the (B) the water supplies of the Milk River; (10) MILK RIVER WATER RIGHT.—The term Blackfeet Tribe of the Blackfeet Indian Res- and ‘‘Milk River water right’’ means the portion ervation of Montana. (C) historical, current, and future uses of the Tribal water rights described in arti- SEC. 9004. RATIFICATION OF COMPACT. identified by each Indian tribe. cle III.F of the Compact and this title. (a) RATIFICATION.— (d) SECRETARIAL DETERMINATION.— (11) MISSOURI RIVER BASIN.—The term (1) IN GENERAL.—As modified by this title, (1) IN GENERAL.—Not later than 120 days ‘‘Missouri River Basin’’ means the hydro- the Compact is authorized, ratified, and con- after the date on which the agreement de- logic basin of the Missouri River (including firmed. scribed in subsection (c) is submitted to the tributaries). (2) AMENDMENTS.—Any amendment to the Secretary, the Secretary shall review and ap- (12) MR&I SYSTEM.—The term ‘‘MR&I Sys- Compact is authorized, ratified, and con- prove or disapprove the agreement. tem’’ means the intake, treatment, pumping, firmed, to the extent that such amendment (2) APPROVAL.—The Secretary shall ap- storage, pipelines, appurtenant items, and is executed to make the Compact consistent prove the agreement if the Secretary finds any other feature of the system, as generally with this title. that the agreement— described in the document entitled ‘‘Black- (b) EXECUTION.— (A) equitably accommodates the interests feet Regional Water System’’, prepared by (1) IN GENERAL.—To the extent that the of each Indian tribe in the Milk River; DOWL HKM, and dated June 2010, and modi- Compact does not conflict with this title, the (B) adequately considers the factors de- fied by DOWL HKM, as set out in the adden- Secretary shall execute the Compact, includ- scribed in subsection (c)(2); and dum to the report dated March 2013. ing all exhibits to, or parts of, the Compact (C) is otherwise in accordance with appli- (13) OM&R.—The term ‘‘OM&R’’ means— requiring the signature of the Secretary. cable law. (A) any recurring or ongoing activity asso- (2) MODIFICATIONS.—Nothing in this title (3) DEADLINE EXTENSION.—The deadline to ciated with the day-to-day operation of a precludes the Secretary from approving any review the agreement described in paragraph project; modification to an appendix or exhibit to the (1) may be extended by the Secretary after (B) any activity relating to scheduled or Compact that is consistent with this title, to consultation with the Tribe and the Fort unscheduled maintenance of a project; and the extent that the modification does not Belknap Indian Community. (C) any activity relating to replacing a fea- otherwise require congressional approval (e) SECRETARIAL DECISION.— ture of a project. under section 2116 of the Revised Statutes (25 (1) IN GENERAL.—If the Tribe and the Fort (14) RESERVATION.—The term ‘‘Reserva- U.S.C. 177) or any other applicable provision Belknap Indian Community do not, by 3 tion’’ means the Blackfeet Indian Reserva- of Federal law. years after the Secretary certifies under sec- tion of Montana, as— (c) ENVIRONMENTAL COMPLIANCE.— tion 9020(f)(5) that the Tribal membership (A) established by the Treaty of October 17, (1) IN GENERAL.—In implementing the Com- has approved the Compact and this title, 1855 (11 Stat. 657); and pact and this title, the Secretary shall com- enter into an agreement approved under sub- (B) modified by— ply with all applicable provisions of— section (d)(2), the Secretary, in the Sec- (i) the Executive Order of July 5, 1873 (re- (A) the Endangered Species Act of 1973 (16 retary’s sole discretion, shall establish, after lating to the Blackfeet Reserve); U.S.C. 1531 et seq.); consultation with the Tribe and the Fort (ii) the Act of April 15, 1874 (18 Stat. 28, (B) the National Environmental Policy Act Belknap Indian Community, terms and con- chapter 96); of 1969 (42 U.S.C. 4321 et seq.); and ditions that reflect the considerations de- (iii) the Executive order of August 19, 1874 (C) all other applicable environmental laws scribed in subsection (c)(2) by which the re- (relating to the Blackfeet Reserve); and regulations. spective water rights of the Tribe and the

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BUREAU OF RECLAMATION ACTIVITIES title 5, United States Code. (i) limited to not greater than 5,000 acre- TO IMPROVE WATER MANAGEMENT. (3) JUDICIAL REVIEW.—An action for judi- feet of water in any 1 year; (a) MILK RIVER PROJECT PURPOSES.—The cial review pursuant to this section shall be (ii) consistent with operations of the Milk purposes of the Milk River Project shall in- brought by not later than the date that is 1 River Project and without additional costs clude— year after the date of notification of the es- to the Bureau of Reclamation, including op- (1) irrigation; tablishment of the terms and conditions eration, maintenance, and replacement (2) flood control; under this subsection. costs; and (3) the protection of fish and wildlife; (4) INCORPORATION INTO DECREES.—The (iii) without additional cost to the Milk (4) recreation; agreement under subsection (c), or the deci- River Project water users; and (5) the provision of municipal, rural, and sion of the Secretary under this subsection, (F) the Tribe shall be required to pay industrial water supply; and shall be filed with the Montana Water Court, OM&R for water delivered under this section. (6) hydroelectric power generation. or the district court with jurisdiction, for in- (d) SHORTAGE SHARING OR REDUCTION.— (b) USE OF MILK RIVER PROJECT FACILITIES corporation into the final decrees of the (1) IN GENERAL.—The 5,000 acre-feet per FOR THE BENEFIT OF TRIBE.—The use of Milk Tribe and the Fort Belknap Indian Commu- year of water delivered under paragraph River Project facilities to transport water for the Tribe pursuant to subsections (c) and nity. (3)(E)(i) of subsection (c) shall not be subject (e) of section 9006, together with any use by (5) EFFECTIVE DATE.—The agreement under to shortage sharing or reduction, except as the Tribe of that water in accordance with subsection (c) and a decision of the Secretary provided in paragraph (3)(D) of that sub- this title— under this subsection— section. (1) shall be considered to be an authorized (A) shall be effective immediately; and (2) NO INJURY TO MILK RIVER PROJECT WATER purpose of the Milk River Project; and (B) may not be modified absent— USERS.—Notwithstanding article IV.D.4 of (2) shall not change the priority date of (i) the approval of the Secretary; and the Compact, any reduction in the Milk any Tribal water rights. (ii) the consent of the Tribe and the Fort River Project water supply caused by the de- (c) ST. MARY RIVER STUDIES.— Belknap Indian Community. livery of water under subsection (c) shall not (1) IN GENERAL.—Subject to the avail- (f) USE OF FUNDS.—The Secretary shall dis- constitute injury to Milk River Project ability of appropriations, the Secretary, in tribute equally the funds made available water users. cooperation with the Tribe and the State, under section 9018(a)(2)(C)(ii) to the Tribe (e) SUBSEQUENT CONTRACTS.— shall conduct— and the Fort Belknap Indian Community to (1) IN GENERAL.—As part of the studies au- use to reach an agreement under this sec- thorized by section 9007(c)(1), the Secretary, (A) an appraisal study— tion, including for technical analyses and acting through the Commissioner of Rec- (i) to develop a plan for the management legal and other related efforts. lamation, and in cooperation with the Tribe, and development of water supplies in the St. Mary River Basin and Milk River Basin, in- SEC. 9006. WATER DELIVERY THROUGH MILK shall identify alternatives to provide to the RIVER PROJECT. Tribe water from the St. Mary River water cluding the St. Mary River and Milk River (a) IN GENERAL.—Subject to the avail- right in quantities greater than the 5,000 water supplies for the Tribe and the Milk ability of appropriations, the Secretary, act- acre-feet per year of water described in sub- River water supplies for the Fort Belknap In- ing through the Commissioner of Reclama- section (c)(3)(E)(i). dian Community; and tion, shall carry out the activities author- (2) CONTRACT FOR WATER DELIVERY.—If the (ii) to identify alternatives to develop ad- ized under this section with respect to the Secretary determines under paragraph (1) ditional water of the St. Mary River for the St. Mary River water right. that more than 5,000 acre-feet per year of the Tribe; and (b) TREATMENT.—Notwithstanding article St. Mary River water right can be delivered (B) a feasibility study— IV.D.4 of the Compact, any responsibility of to the Tribe, the Secretary shall offer to (i) using the information resulting from the United States with respect to the St. enter into 1 or more contracts with the Tribe the appraisal study conducted under para- Mary River water right shall be limited to, for the delivery of that water, subject to the graph (1) and such other information as is and fulfilled pursuant to— requirements of subsection (c)(3), except sub- relevant, to evaluate the feasibility of— (1) subsection (c) of this section; and section (c)(3)(E)(i), and this subsection. (I) alternatives for the rehabilitation of (2) subsection (b)(3) of section 9016 and sub- (3) TREATMENT.—Any delivery of water the St. Mary Diversion Dam and Canal; and section (a)(1)(C) of section 9018. under this subsection shall be subject to re- (II) increased storage in Fresno Dam and (c) WATER DELIVERY CONTRACT.— duction in the same manner as for Milk Reservoir; and (1) IN GENERAL.—Not later than 180 days River Project contract holders. (ii) to create a cost allocation study that is after the enforceability date, the Secretary (f) SUBCONTRACTS.— based on the authorized purposes described shall enter into a water delivery contract (1) IN GENERAL.—The Tribe may enter into in subsections (a) and (b). with the Tribe for the delivery of not greater any subcontract for the delivery of water (2) COOPERATIVE AGREEMENT.—On request than 5,000 acre-feet per year of the St. Mary under this section to a third party, in ac- of the Tribe, the Secretary shall enter into a River water right through Milk River cordance with section 9015(e). cooperative agreement with the Tribe with Project facilities to the Tribe or another en- (2) COMPLIANCE WITH OTHER LAW.—All sub- respect to the portion of the appraisal study tity specified by the Tribe. contracts described in paragraph (1) shall described in paragraph (1)(A). (2) TERMS AND CONDITIONS.—The contract comply with— (3) COSTS NONREIMBURSABLE.—The cost of under paragraph (1) shall establish the terms (A) this title; the studies under this subsection shall not and conditions for the water deliveries de- (B) the Compact; be— scribed in paragraph (1) in accordance with (C) the tribal water code; and (A) considered to be a cost of the Milk the Compact and this title. (D) other applicable law. River Project; or (3) REQUIREMENTS.—The water delivery (3) NO LIABILITY.—The Secretary shall not (B) reimbursable in accordance with the contract under paragraph (1) shall include be liable to any party, including the Tribe, reclamation laws. provisions requiring that— for any term of, or any loss or other det- (d) SWIFTCURRENT CREEK BANK STABILIZA- (A) the contract shall be without limit as riment resulting from, a lease, contract, or TION.— to term; other agreement entered into pursuant to (1) IN GENERAL.—Subject to the avail- (B) the Tribe, and not the United States, this subsection. ability of appropriations, the Secretary, act- shall collect, and shall be entitled to, all (g) EFFECT OF PROVISIONS.—Nothing in this ing through the Commissioner of Reclama- consideration due to the Tribe under any section— tion, shall carry out appropriate activities lease, contract, or agreement entered into by (1) precludes the Tribe from taking the concerning the Swiftcurrent Creek Bank the Tribe pursuant to subsection (f); water described in subsection (c)(3)(E)(i), or Stabilization Project, including— (C) the United States shall have no obliga- any additional water provided under sub- (A) a review of the final project design; and tion to monitor, administer, or account for— section (e), from the direct flow of the St. (B) value engineering analyses. (i) any funds received by the Tribe as con- Mary River; or (2) MODIFICATION OF FINAL DESIGN.—Prior sideration under any lease, contract, or (2) modifies the quantity of the Tribal to beginning construction activities for the agreement entered into by the Tribe pursu- water rights described in article III.G.1 of Swiftcurrent Creek Bank Stabilization ant to subsection (f); or the Compact. Project, on the basis of the review conducted (ii) the expenditure of such funds; (h) OTHER RIGHTS.—Notwithstanding the under paragraph (1), the Secretary shall ne- (D) if water deliveries under the contract requirements of article III.G.1.d of the Com- gotiate with the Tribe appropriate changes, are interrupted for an extended period of pact, after satisfaction of all water rights if any, to the final design— time because of damage to, or a reduction in under State law for use of St. Mary River (A) to ensure compliance with applicable the capacity of, St. Mary Unit facilities, the water, including the Milk River Project industry standards;

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5805 (B) to improve the cost-effectiveness of the year after the date of notification of the In- hydropower on the St. Mary Unit facilities, Swiftcurrent Creek Bank Stabilization terior Determination. in accordance with Bureau of Reclamation Project; and (g) FUNDING.—The total amount of obliga- guidelines and methods for hydroelectric (C) to ensure that the Swiftcurrent Creek tions incurred by the Secretary shall not ex- power development at Bureau facilities. Bank Stabilization Project may be con- ceed— SEC. 9009. STORAGE ALLOCATION FROM LAKE structed using only the amounts made avail- (1) $3,800,000 to carry out subsection (c); ELWELL. able under section 9018. (2) $20,700,000 to carry out subsection (d); (3) APPLICABILITY OF ISDEAA.—At the re- and (a)(1) STORAGE ALLOCATION TO TRIBE.—The quest of the Tribe, and in accordance with (3) $3,100,000 to carry out subsection (f). Secretary shall allocate to the Tribe 45,000 acre-feet per year of water stored in Lake the Indian Self-Determination and Edu- SEC. 9008. ST. MARY CANAL HYDROELECTRIC cation Assistance Act (25 U.S.C. 5301 et seq.), POWER GENERATION. Elwell for use by the Tribe for any beneficial the Secretary shall enter into 1 or more (a) BUREAU OF RECLAMATION JURISDIC- purpose on or off the Reservation, under a agreements with the Tribe to carry out the TION.—Effective beginning on the date of en- water right held by the United States and Swiftcurrent Bank Stabilization Project. actment of this title, the Commissioner of managed by the Bureau of Reclamation, as (e) ADMINISTRATION.—The Commissioner of Reclamation shall have exclusive jurisdic- measured at the outlet works of Tiber Dam Reclamation and the Tribe shall negotiate tion to authorize the development of hydro- or through direct pumping from Lake Elwell. the cost of any oversight activity carried out power on the St. Mary Unit. (2) REDUCTION.—Up to 10,000 acre-feet per by the Bureau of Reclamation under any (b) RIGHTS OF TRIBE.— year of water allocated to the Tribe pursuant agreement entered into under this section, (1) EXCLUSIVE RIGHT OF TRIBE.—Subject to to paragraph (1) will be subject to an acre- subject to the condition that the total cost paragraph (2) and notwithstanding any other foot for acre-foot reduction if depletions for the oversight shall not exceed 4 percent provision of law, the Tribe shall have the ex- from the Tribal water rights above Lake of the total costs incurred under this sec- clusive right to develop and market hydro- Elwell exceed 88,000 acre-feet per year of tion. electric power of the St. Mary Unit. water because of New Development (as de- (f) MILK RIVER PROJECT RIGHTS-OF-WAY (2) LIMITATIONS.—The exclusive right de- fined in article II.37 of the Compact). AND EASEMENTS.— scribed in paragraph (1)— (b) TREATMENT.— (1) IN GENERAL.—Subject to paragraphs (2) (A) shall expire on the date that is 15 years and (3), the Tribe shall grant the United (1) IN GENERAL.—The allocation to the after the date of enactment of an Act appro- Tribe under subsection (a) shall be consid- States a right-of-way on Reservation land priating funds for rehabilitation of the St. owned by the Tribe for all uses by the Milk ered to be part of the Tribal water rights. Mary Unit; but (2) PRIORITY DATE.—The priority date of River Project (permissive or otherwise) in (B) may be extended by the Secretary at existence as of December 31, 2015, including the allocation to the Tribe under subsection the request of the Tribe. all facilities, flowage easements, and access (a) shall be the priority date of the Lake (3) OM&R COSTS.—Effective beginning on easements necessary for the operation and Elwell water right held by the Bureau of the date that is 10 years after the date on maintenance of the Milk River Project. Reclamation. which the Tribe begins marketing hydro- (2) AGREEMENT REGARDING EXISTING USES.— (3) ADMINISTRATION.—The Tribe shall ad- electric power generated from the St. Mary The Tribe and the Secretary shall enter into minister the water allocated under sub- Unit to any third party, the Tribe shall an agreement for a process to determine the section (a) in accordance with the Compact make annual payments for operation, main- location, nature, and extent of the existing and this title. tenance, and replacement costs attributable uses referenced in this subsection. The agree- (c) ALLOCATION AGREEMENT.— to the direct use of any facilities by the ment shall require that— (1) IN GENERAL.—As a condition of receiv- Tribe for hydroelectric power generation, in (A) a panel of 3 individuals determine the ing an allocation under this section, the amounts determined in accordance with the location, nature, and extent of existing uses Tribe shall enter into an agreement with the guidelines and methods of the Bureau of Rec- necessary for the operation and maintenance Secretary to establish the terms and condi- lamation for assessing operation, mainte- of the Milk River Project (the ‘‘Panel Deter- tions of the allocation, in accordance with nance, and replacement charges. mination’’), with the Tribe appointing 1 rep- the Compact and this title. (c) BUREAU OF RECLAMATION COOPERA- resentative of the Tribe, the Secretary ap- (2) INCLUSIONS.—The agreement under TION.—The Commissioner of Reclamation pointing 1 representative of the Secretary, shall cooperate with the Tribe in the devel- paragraph (1) shall include provisions estab- and those 2 representatives jointly appoint- opment of any hydroelectric power genera- lishing that— ing a third individual; tion project under this section. (A) the agreement shall be without limit as (B) if the Panel Determination is unani- (d) AGREEMENT.—Before construction of a to term; mous, the Tribe grant a right-of-way to the hydroelectric power generation project (B) the Tribe, and not the United States, United States for the existing uses identified under this section, the Tribe shall enter into shall be entitled to all consideration due to in the Panel Determination in accordance an agreement with the Commissioner of Rec- the Tribe under any lease, contract, or with applicable law without additional com- lamation that includes provisions— agreement entered into by the Tribe pursu- pensation; (1) requiring that— ant to subsection (d); (C) if the Panel Determination is not unan- (A) the design, construction, and operation (C) the United States shall have no obliga- imous— of the project shall be consistent with the tion to monitor, administer, or account for— (i) the Secretary adopt the Panel Deter- Bureau of Reclamation guidelines and meth- (i) any funds received by the Tribe as con- mination with any amendments the Sec- ods for hydroelectric power development at sideration under any lease, contract, or retary reasonably determines necessary to Bureau facilities, as appropriate; and agreement entered into by the Tribe pursu- correct any clear error (the ‘‘Interior Deter- (B) the hydroelectric power generation ant to subsection (d); or mination’’), provided that if any portion of project will not impair the efficiencies of the (ii) the expenditure of those funds; the Panel Determination is unanimous, the Milk River Project for authorized purposes; (D) if the capacity or function of Lake Secretary will not amend that portion; and (2) regarding construction and operating Elwell facilities are significantly reduced, or (ii) the Tribe grant a right-of-way to the criteria and emergency procedures; and are anticipated to be significantly reduced, United States for the existing uses identified (3) under which any modification proposed for an extended period of time, the Tribe in the Interior Determination in accordance by the Tribe to a facility owned by the Bu- shall have the same rights as other storage with applicable law without additional com- reau of Reclamation shall be subject to re- contractors with respect to the allocation pensation, with the agreement providing for view and approval by the Secretary, acting under this section; the timing of the grant to take into consid- through the Commissioner of Reclamation. (E) the costs associated with the construc- eration the possibility of review under para- (e) USE OF HYDROELECTRIC POWER BY tion of the storage facilities at Tiber Dam al- graph (5). TRIBE.—Any hydroelectric power generated locable to the Tribe shall be nonreimburs- (3) EFFECT.—Determinations made under in accordance with this section shall be used able; this subsection— or marketed by the Tribe. (F) no water service capital charge shall be (A) do not address title as between the (f) REVENUES.—The Tribe shall collect and due or payable for any water allocated to the United States and the Tribe; and retain any revenues from the sale of hydro- Tribe pursuant to this section or the alloca- (B) do not apply to any new use of Reserva- electric power generated by a project under tion agreement, regardless of whether that tion land by the United States for the Milk this section. water is delivered for use by the Tribe or River Project after December 31, 2015. (g) LIABILITY OF UNITED STATES.—The under a lease, contract, or by agreement en- (4) INTERIOR DETERMINATION AS FINAL AGEN- United States shall have no obligation to tered into by the Tribe pursuant to sub- CY ACTION.—Any determination by the Sec- monitor, administer, or account for— section (d); retary under paragraph (2)(C) shall be consid- (1) any revenues received by the Tribe (G) the Tribe shall not be required to make ered to be a final agency action for purposes under this section; or payments to the United States for any water of review under chapter 7 of title 5, United (2) the expenditure of those revenues. allocated to the Tribe under this title or the States Code. (h) PREFERENCE.—During any period for allocation agreement, except for each acre- (5) JUDICIAL REVIEW.—An action for judi- which the exclusive right of the Tribe de- foot of stored water leased or transferred for cial review pursuant to this section shall be scribed in subsection (b)(1) is not in effect, industrial purposes as described in subpara- brought by not later than the date that is 1 the Tribe shall have a preference to develop graph (H);

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(H) for each acre-foot of stored water (1) IN GENERAL.—The scope of the rehabili- to the facilities constructed under sub- leased or transferred by the Tribe for indus- tation and improvements shall be as gen- section (d)(2)(C). trial purposes— erally described in the document entitled (k) OWNERSHIP, OPERATION, AND MAINTE- (i) the Tribe shall pay annually to the ‘‘Four Horns Feeder Canal Rehabilitation NANCE.—On transfer to the Tribe of title United States an amount necessary to cover with Export’’, prepared by DOWL HKM, and under subsection (j), the Tribe shall— the proportional share of the annual oper- dated April 2013, subject to the condition (1) be responsible for OM&R in accordance ation, maintenance, and replacement costs that, before commencing construction ac- with the Birch Creek Agreement; and allocable to the quantity of water leased or tivities, the Secretary shall— (2) enter into an agreement with the Bu- transferred by the Tribe for industrial pur- (A) review the design of the proposed reha- reau of Indian Affairs regarding the oper- poses; and bilitation or improvement; ation of the facilities described in that sub- (ii) the annual payments of the Tribe shall (B) perform value engineering analyses; section. be reviewed and adjusted, as appropriate, to (C) perform appropriate Federal environ- (l) LIABILITY OF UNITED STATES.—The reflect the actual operation, maintenance, mental compliance activities; and United States shall have no obligation or re- and replacement costs for Tiber Dam; and (D) ensure that the rehabilitation and im- sponsibility with respect the facilities de- (I) the adjustment process identified in provements may be constructed using only scribed in subsection (d)(2)(C). subsection (a)(2) will be based on specific the amounts made available under section (m) APPLICABILITY OF ISDEAA.—At the re- enumerated provisions. 9018. quest of the Tribe, and in accordance with (d) AGREEMENTS BY TRIBE.—The Tribe may (2) INCLUSIONS.—The activities carried out the Indian Self-Determination and Edu- use, lease, contract, exchange, or enter into by the Secretary under this subsection shall cation Assistance Act (25 U.S.C. 5301 et seq.), other agreements for use of the water allo- include— the Secretary shall enter into 1 or more cated to the Tribe under subsection (a), if— (A) the rehabilitation or improvement of agreements with the Tribe to carry out this (1) the use of water that is the subject of the Four Horns feeder canal system to a ca- section. such an agreement occurs within the Mis- pacity of not fewer than 360 cubic feet per (n) EFFECT.—Nothing in this section— souri River Basin; and second; (1) alters any applicable law (including reg- (2) the agreement does not permanently al- (B) the rehabilitation or improvement of ulations) under which the Bureau of Indian ienate any portion of the water allocated to the outlet works of Four Horns Dam and Affairs collects assessments or carries out the Tribe under subsection (a). Reservoir to deliver not less than 15,000 acre- Blackfeet Irrigation Project OM&R; or (e) EFFECTIVE DATE.—The allocation under feet of water per year, in accordance with (2) impacts the availability of amounts subsection (a) takes effect on the enforce- subparagraph (C); and made available under subsection (a)(1)(B) of ability date. (C) construction of facilities to deliver not section 9018. (f) NO CARRYOVER STORAGE.—The alloca- less than 15,000 acre-feet of water per year SEC. 9011. DESIGN AND CONSTRUCTION OF MR&I tion under subsection (a) shall not be in- from Four Horns Dam and Reservoir, to a SYSTEM. creased by any year-to-year carryover stor- point on or near Birch Creek to be des- (a) IN GENERAL.—Subject to the avail- age. ignated by the Tribe and the State for deliv- ability of appropriations, the Secretary, act- ing through the Commissioner of Reclama- (g) DEVELOPMENT AND DELIVERY COSTS.— ery of water to the water delivery system of The United States shall not be required to the Pondera County Canal and Reservoir tion, shall plan, design, and construct the pay the cost of developing or delivering any Company on Birch Creek, in accordance with water diversion and delivery features of the water allocated under this section. the Birch Creek Agreement. MR&I System in accordance with 1 or more agreements between the Secretary and the SEC. 9010. IRRIGATION ACTIVITIES. (3) NEGOTIATION WITH TRIBE.—On the basis of the review described in paragraph (1)(A), Tribe. (a) IN GENERAL.—Subject to the avail- (b) LEAD AGENCY.—The Bureau of Reclama- the Secretary shall negotiate with the Tribe ability of appropriations, the Secretary, act- tion shall serve as the lead agency with re- appropriate changes to the final design of ing through the Commissioner of Reclama- spect to any activity to design and construct any activity under this subsection to ensure tion and in accordance with subsection (c), the water diversion and delivery features of that the final design meets applicable indus- shall carry out the following actions relating the MR&I System. try standards. to the Blackfeet Irrigation Project: (c) SCOPE.— (e) FUNDING.—The total amount of obliga- (1) Deferred maintenance. (1) IN GENERAL.—The scope of the design (2) Dam safety improvements for Four tions incurred by the Secretary in carrying out this section shall not exceed $54,900,000, and construction under this section shall be Horns Dam. as generally described in the document enti- (3) Rehabilitation and enhancement of the of which— (1) $40,900,000 shall be allocated to carry tled ‘‘Blackfeet Regional Water System’’, Four Horns Feeder Canal, Dam, and Res- prepared by DOWL HKM, dated June 2010, ervoir. out the activities described in subsection (c); and and modified by DOWL HKM in the adden- (b) LEAD AGENCY.—The Bureau of Reclama- dum to the report dated March 2013, subject tion shall serve as the lead agency with re- (2) $14,000,000 shall be allocated to carry out the activities described in subsection to the condition that, before commencing spect to any activities carried out under this final design and construction activities, the section. (d)(2). (f) NONREIMBURSABILITY OF COSTS.—All Secretary shall— (c) SCOPE OF DEFERRED MAINTENANCE AC- costs incurred by the Secretary in carrying (A) review the design of the proposed reha- TIVITIES AND FOUR HORNS DAM SAFETY IM- out this section shall be nonreimbursable. bilitation and construction; PROVEMENTS.— (g) NON-FEDERAL CONTRIBUTION.—No part (B) perform value engineering analyses; (1) IN GENERAL.—Subject to the conditions of the project under subsection (d) shall be and described in paragraph (2), the scope of the commenced until the State has made avail- (C) perform appropriate Federal compli- deferred maintenance activities and Four able $20,000,000 to carry out the activities de- ance activities. Horns Dam safety improvements shall be as scribed in subsection (d)(2). (2) NEGOTIATION WITH TRIBE.—On the basis generally described in— (h) ADMINISTRATION.—The Commissioner of of the review described in paragraph (1)(A), (A) the document entitled ‘‘Engineering Reclamation and the Tribe shall negotiate the Secretary shall negotiate with the Tribe Evaluation and Condition Assessment, the cost of any oversight activity carried out appropriate changes, if any, to the final de- Blackfeet Irrigation Project’’, prepared by by the Bureau of Reclamation under any sign— DOWL HKM, and dated August 2007; and agreement entered into under subsection (A) to ensure that the final design meets (B) the provisions relating to Four Horns (m), subject to the condition that the total applicable industry standards; Rehabilitated Dam of the document entitled cost for the oversight shall not exceed 4 per- (B) to improve the cost-effectiveness of the ‘‘Four Horns Dam Enlarged Appraisal Eval- cent of the total project costs for each delivery of MR&I System water; and uation Design Report’’, prepared by DOWL project. (C) to ensure that the MR&I System may HKM, and dated April 2007. (i) PROJECT EFFICIENCIES.—If the total cost be constructed using only the amounts made (2) CONDITIONS.—The conditions referred to of planning, design, and construction activi- available under section 9018. in paragraph (1) are that, before commencing ties relating to the projects described in this (d) NONREIMBURSABILITY OF COSTS.—All construction activities, the Secretary shall— section results in cost savings and is less costs incurred by the Secretary in carrying (A) review the design of the proposed reha- than the amounts authorized to be obligated, out this section shall be nonreimbursable. bilitation or improvement; the Secretary, at the request of the Tribe, (e) FUNDING.—The total amount of obliga- (B) perform value engineering analyses; may— tions incurred by the Secretary in carrying (C) perform appropriate Federal environ- (1) use those cost savings to carry out a out this section shall not exceed $76,200,000. mental compliance activities; and project described in section 9007(d), 9011, 9012, (f) NON-FEDERAL CONTRIBUTION.— (D) ensure that the deferred maintenance or 9013; or (1) CONSULTATION.—Before completion of activities and dam safety improvements may (2) deposit those cost savings to the Black- the final design of the MR&I System re- be constructed using only the amounts made feet OM&R Trust Account. quired by subsection (c), the Secretary shall available under section 9018. (j) OWNERSHIP BY TRIBE OF BIRCH CREEK consult with the Tribe, the State, and other (d) SCOPE OF REHABILITATION AND ENHANCE- DELIVERY FACILITIES.—Notwithstanding any affected non-Federal parties to discuss the MENT OF FOUR HORNS FEEDER CANAL, DAM, other provision of law, the Secretary shall possibility of receiving non-Federal con- AND RESERVOIR.— transfer to the Tribe, at no cost, title in and tributions for the cost of the MR&I System.

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(2) NEGOTIATIONS.—If, based on the extent (B) the Secretary has consulted with the (e) OWNERSHIP BY TRIBE.—Title to any fa- to which non-Federal parties are expected to Tribe regarding any modification. cility constructed under this section shall be use the MR&I System, a non-Federal con- (3) NEGOTIATION WITH TRIBE.—On the basis held by the Tribe. tribution to the MR&I System is determined of the review described in paragraph (1)(A), SEC. 9014. EASEMENTS AND RIGHTS-OF-WAY. by the parties described in paragraph (1) to the Secretary shall negotiate with the Tribe (a) TRIBAL EASEMENTS AND RIGHTS-OF- be appropriate, the Secretary shall initiate appropriate changes, if any, to the final de- WAY.— negotiations for an agreement regarding the sign— (1) IN GENERAL.—On request of the Sec- means by which the contributions shall be (A) to ensure that the final design meets retary, the Tribe shall grant, at no cost to provided. applicable industry standards; the United States, such easements and (g) OWNERSHIP BY TRIBE.—Title to the (B) to improve the cost-effectiveness of rights-of-way over tribal land as are nec- MR&I System and all facilities rehabilitated any construction; and essary for the construction of the projects or constructed under this section shall be (C) to ensure that the projects may be con- authorized by sections 9010 and 9011. held by the Tribe. structed using only the amounts made avail- (2) JURISDICTION.—An easement or right-of- (h) ADMINISTRATION.—The Commissioner of able under section 9018. way granted by the Tribe pursuant to para- Reclamation and the Tribe shall negotiate (d) NONREIMBURSABILITY OF COSTS.—All graph (1) shall not affect in any respect the the cost of any oversight activity carried out costs incurred by the Secretary in carrying civil or criminal jurisdiction of the Tribe by the Bureau of Reclamation under any out this section shall be nonreimbursable. over the easement or right-of-way. (e) FUNDING.—The total amount of obliga- agreement entered into under this section, (b) LANDOWNER EASEMENTS AND RIGHTS-OF- tions incurred by the Secretary in carrying subject to the condition that the total cost WAY.—In partial consideration for the con- out this section shall not exceed $87,300,000. for the oversight shall not exceed 4 percent struction activities authorized by section (f) OWNERSHIP BY TRIBE.—Title to all facili- of the total costs incurred under this sec- 9011, and as a condition of receiving service tion. ties rehabilitated or constructed under this section shall be held by the Tribe, except from the MR&I System, a landowner shall (i) OM&R COSTS.—The Federal Govern- grant, at no cost to the United States or the ment shall have no obligation to pay for the that title to the Birch Creek Unit of the Blackfeet Indian Irrigation Project shall re- Tribe, such easements and rights-of-way over operation, maintenance, or replacement the land of the landowner as may be nec- costs for any facility rehabilitated or con- main with the Bureau of Indian Affairs. (g) ADMINISTRATION.—The Commissioner of essary for the construction of the MR&I Sys- structed under this section. tem. (j) PROJECT EFFICIENCIES.—If the total cost Reclamation and the Tribe shall negotiate (c) LAND ACQUIRED BY UNITED STATES OR of planning, design, and construction activi- the cost of any oversight activity carried out TRIBE.—Any land acquired within the bound- ties relating to the projects described in this by the Bureau of Reclamation under any aries of the Reservation by the United States section results in cost savings and is less agreement entered into under this section, on behalf of the Tribe, or by the Tribe on be- than the amounts authorized to be obligated, subject to the condition that the total cost half of the Tribe, in connection with achiev- the Secretary, at the request of the Tribe, for the oversight shall not exceed 4 percent ing the purposes of this title shall be held in may— of the total costs incurred under this sec- trust by the United States for the benefit of (1) use those cost savings to carry out a tion. (h) OM&R COSTS.—The Federal Govern- the Tribe. project described in section 9007(d), 9010, ment shall have no obligation to pay for the 9011(a), 9012, or 9013; or SEC. 9015. TRIBAL WATER RIGHTS. operation, maintenance, or replacement (2) deposit those cost savings to the Black- (a) CONFIRMATION OF TRIBAL WATER costs for the facilities rehabilitated or con- RIGHTS.— feet OM&R Trust Account. structed under this section. (k) APPLICABILITY OF ISDEAA.—At the re- (1) IN GENERAL.—The Tribal water rights (i) PROJECT EFFICIENCIES.—If the total cost quest of the Tribe, and in accordance with are ratified, confirmed, and declared to be of planning, design, and construction activi- valid. the Indian Self-Determination and Edu- ties relating to the projects described in this (2) USE.—Any use of the Tribal water cation Assistance Act (25 U.S.C. 5301 et seq.), section results in cost savings and is less the Secretary shall enter into 1 or more rights shall be subject to the terms and con- than the amounts authorized to be obligated, ditions of the Compact and this title. agreements with the Tribe to carry out this the Secretary, at the request of the Tribe, (3) CONFLICT.—In the event of a conflict be- section. may— SEC. 9012. DESIGN AND CONSTRUCTION OF tween the Compact and this title, the provi- (1) use those cost savings to carry out a sions of this title shall control. WATER STORAGE AND IRRIGATION project described in section 9007(d), 9010, 9011, FACILITIES. (b) INTENT OF CONGRESS.—It is the intent of or 9013; or (a) IN GENERAL.—Subject to the avail- Congress to provide to each allottee benefits (2) deposit those cost savings to the Black- ability of appropriations, the Secretary, act- that are equivalent to, or exceed, the bene- feet OM&R Trust Account. ing through the Commissioner of Reclama- fits the allottees possess on the day before (j) APPLICABILITY OF ISDEAA.—At the re- the date of enactment of this title, taking tion, shall plan, design, and construct 1 or quest of the Tribe, and in accordance with into consideration— more facilities to store water and support ir- the Indian Self-Determination and Edu- (1) the potential risks, cost, and time delay rigation on the Reservation in accordance cation Assistance Act (25 U.S.C. 5301 et seq.), associated with litigation that would be re- with 1 or more agreements between the Sec- the Secretary shall enter into 1 or more retary and the Tribe. agreements with the Tribe to carry out this solved by the Compact and this title; (b) LEAD AGENCY.—The Bureau of Reclama- section. (2) the availability of funding under this tion shall serve as the lead agency with re- title and from other sources; SEC. 9013. BLACKFEET WATER, STORAGE, AND spect to any activity to design and construct DEVELOPMENT PROJECTS. (3) the availability of water from the Trib- the irrigation development and water stor- (a) IN GENERAL.— al water rights; and age facilities described in subsection (c). (1) SCOPE.—The scope of the construction (4) the applicability of section 7 of the Act (c) SCOPE.— under this section shall be as generally de- of February 8, 1887 (25 U.S.C. 381), and this (1) IN GENERAL.—The scope of the design scribed in the document entitled ‘‘Blackfeet title to protect the interests of allottees. and construction under this section shall be Water Storage, Development, and Project (c) TRUST STATUS OF TRIBAL WATER as generally described in the document enti- Report’’, prepared by DOWL HKM, and dated RIGHTS.—The Tribal water rights— tled ‘‘Blackfeet Water Storage, Develop- March 13, 2013, as modified and agreed to by (1) shall be held in trust by the United ment, and Project Report’’, prepared by the Secretary and the Tribe. States for the use and benefit of the Tribe DOWL HKM, and dated March 13, 2013, as and the allottees in accordance with this (2) MODIFICATION.—The Tribe may modify modified and agreed to by the Secretary and the scope of the projects described in the title; and the Tribe, subject to the condition that, be- document referred to in paragraph (1) if— (2) shall not be subject to forfeiture or fore commencing final design and construc- (A) the modified project is— abandonment. tion activities, the Secretary shall— (i) similar to the proposed project; and (d) ALLOTTEES.— (A) review the design of the proposed con- (ii) consistent with the purposes of this (1) APPLICABILITY OF ACT OF FEBRUARY 8, struction; title; and 1887.—The provisions of section 7 of the Act of (B) perform value engineering analyses; (B) the modification is approved by the February 8, 1887 (25 U.S.C. 381), relating to and Secretary. the use of water for irrigation purposes shall (C) perform appropriate Federal compli- (b) NONREIMBURSABILITY OF COSTS.—All apply to the Tribal water rights. ance activities. costs incurred by the Secretary in carrying (2) ENTITLEMENT TO WATER.—Any entitle- (2) MODIFICATION.—The Secretary may out this section shall be nonreimbursable. ment to water of an allottee under Federal modify the scope of construction for the (c) FUNDING.—The total amount of obliga- law shall be satisfied from the Tribal water projects described in the document referred tions incurred by the Secretary in carrying rights. to in paragraph (1), if— out this section shall not exceed $91,000,000. (3) ALLOCATIONS.—An allottee shall be enti- (A) the modified project is— (d) OM&R COSTS.—The Federal Govern- tled to a just and equitable allocation of (i) similar in purpose to the proposed ment shall have no obligation to pay for the water for irrigation purposes. projects; and operation, maintenance, or replacement (4) CLAIMS.— (ii) consistent with the purposes of this costs for the facilities rehabilitated or con- (A) EXHAUSTION OF REMEDIES.—Before as- title; and structed under this section. serting any claim against the United States

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under section 7 of the Act of February 8, 1887 (B) APPROVAL.—The tribal water code de- in the Trust Fund in a manner that is con- (25 U.S.C. 381), or any other applicable law, scribed in paragraphs (1) and (2) shall not be sistent with the investment authority of the an allottee shall exhaust remedies available valid unless— Secretary under— under the tribal water code or other applica- (i) the provisions of the tribal water code (1) the first section of the Act of June 24, ble tribal law. required by paragraph (2) are approved by 1938 (25 U.S.C. 162a); (B) ACTION FOR RELIEF.—After the exhaus- the Secretary; and (2) the American Indian Trust Fund Man- tion of all remedies available under the trib- (ii) each amendment to the tribal water agement Reform Act of 1994 (25 U.S.C. 4001 et al water code or other applicable tribal law, code that affects a right of an allottee is ap- seq.); and an allottee may seek relief under section 7 of proved by the Secretary. (3) this section. the Act of February 8, 1887 (25 U.S.C. 381), or (C) APPROVAL PERIOD.— (f) AVAILABILITY OF AMOUNTS.— other applicable law. (i) IN GENERAL.—The Secretary shall ap- (1) IN GENERAL.—Amounts appropriated to, (5) AUTHORITY OF SECRETARY.—The Sec- prove or disapprove the tribal water code or retary shall have the authority to protect an amendment to the tribal water code not and deposited in, the Trust Fund, including the rights of allottees in accordance with later than 180 days after the date on which any investment earnings, shall be made this section. the tribal water code or amendment is sub- available to the Tribe by the Secretary be- (e) AUTHORITY OF TRIBE.— mitted to the Secretary. ginning on the enforceability date. UNDING FOR TRIBAL IMPLEMENTATION (1) IN GENERAL.—The Tribe shall have the (ii) EXTENSION.—The deadline described in (2) F authority to allocate, distribute, and lease clause (i) may be extended by the Secretary ACTIVITIES.—Notwithstanding paragraph (1), the Tribal water rights for any use on the after consultation with the Tribe. on approval pursuant to this title and the Reservation in accordance with the Com- (g) ADMINISTRATION.— Compact by a referendum vote of a majority pact, this title, and applicable Federal law. (1) NO ALIENATION.—The Tribe shall not of votes cast by members of the Tribe on the (2) OFF-RESERVATION USE.—The Tribe may permanently alienate any portion of the day of the vote, as certified by the Secretary allocate, distribute, and lease the Tribal Tribal water rights. and the Tribe and subject to the availability water rights for off-Reservation use in ac- (2) PURCHASES OR GRANTS OF LAND FROM IN- of appropriations, of the amounts in the Ad- cordance with the Compact, subject to the DIANS.—An authorization provided by this ministration and Energy Account, $4,800,000 approval of the Secretary. title for the allocation, distribution, leasing, shall be made available to the Tribe for the (3) LAND LEASES BY ALLOTTEES.—Notwith- or other arrangement entered into pursuant implementation of this title. standing paragraph (1), an allottee may lease to this title shall be considered to satisfy (g) WITHDRAWALS UNDER AIFRMRA.— any interest in land held by the allottee, to- any requirement for authorization of the ac- (1) IN GENERAL.—The Tribe may withdraw gether with any water right determined to tion by treaty or convention imposed by sec- any portion of the funds in the Trust Fund be appurtenant to the interest in land, in ac- tion 2116 of the Revised Statutes (25 U.S.C. on approval by the Secretary of a tribal cordance with the tribal water code. 177). management plan submitted by the Tribe in (f) TRIBAL WATER CODE.— (3) PROHIBITION ON FORFEITURE.—The non- accordance with the American Indian Trust (1) IN GENERAL.—Notwithstanding article use of all or any portion of the Tribal water Fund Management Reform Act of 1994 (25 IV.C.1 of the Compact, not later than 4 years rights by a lessee or contractor shall not re- U.S.C. 4001 et seq.). after the date on which the Tribe ratifies the sult in the forfeiture, abandonment, relin- (2) REQUIREMENTS.— Compact in accordance with this title, the quishment, or other loss of all or any portion (A) IN GENERAL.—In addition to the re- Tribe shall enact a tribal water code that of the Tribal water rights. quirements under the American Indian Trust provides for— (h) EFFECT.—Except as otherwise expressly Fund Management Reform Act of 1994 (25 (A) the management, regulation, and gov- provided in this section, nothing in this U.S.C. 4001 et seq.), the tribal management ernance of all uses of the Tribal water rights title— plan under paragraph (1) shall require that in accordance with the Compact and this (1) authorizes any action by an allottee the Tribe shall spend all amounts withdrawn title; and against any individual or entity, or against from the Trust Fund in accordance with this (B) establishment by the Tribe of condi- the Tribe, under Federal, State, tribal, or title. tions, permit requirements, and other re- local law; or quirements for the allocation, distribution, (2) alters or affects the status of any action (B) ENFORCEMENT.—The Secretary may or use of the Tribal water rights in accord- brought pursuant to section 1491(a) of title carry out such judicial and administrative ance with the Compact and this title. 28, United States Code. actions as the Secretary determines to be necessary to enforce the tribal management (2) INCLUSIONS.—Subject to the approval of SEC. 9016. BLACKFEET SETTLEMENT TRUST the Secretary, the tribal water code shall FUND. plan to ensure that amounts withdrawn by provide— (a) ESTABLISHMENT.—There is established the Tribe from the Trust Fund under this (A) that use of water by allottees shall be in the Treasury of the United States a trust subsection are used in accordance with this satisfied with water from the Tribal water fund, to be known as the ‘‘Blackfeet Settle- title. rights; ment Trust Fund’’ (referred to in this sec- (h) WITHDRAWALS UNDER EXPENDITURE (B) a process by which an allottee may re- tion as the ‘‘Trust Fund’’), to be managed, PLAN.— quest that the Tribe provide water for irriga- invested, and distributed by the Secretary (1) IN GENERAL.—The Tribe may submit to tion use in accordance with this title, includ- and to remain available until expended. the Secretary a request to withdraw funds ing the provision of water under any allottee (b) ACCOUNTS.—The Secretary shall estab- from the Trust Fund pursuant to an ap- lease under section 4 of the Act of June 25, lish in the Trust Fund the following ac- proved expenditure plan. counts: 1910 (25 U.S.C. 403); (2) REQUIREMENTS.—To be eligible to with- (1) The Administration and Energy Ac- (C) a due process system for the consider- draw funds under an expenditure plan under count. ation and determination by the Tribe of any paragraph (1), the Tribe shall submit to the (2) The OM&R Account. request by an allottee (or a successor in in- Secretary for approval an expenditure plan (3) The St. Mary Account. terest to an allottee) for an allocation of for any portion of the Trust Fund that the (4) The Blackfeet Water, Storage, and De- water for irrigation purposes on allotted Tribe elects to withdraw pursuant to this velopment Projects Account. land, including a process for— subsection, subject to the condition that the (c) DEPOSITS.—The Secretary shall deposit (i) appeal and adjudication of any denied or in the Trust Fund— funds shall be used for the purposes described disputed distribution of water; and (1) in the Administration and Energy Ac- in this title. (ii) resolution of any contested administra- count, the amount made available pursuant (3) INCLUSIONS.—An expenditure plan under tive decision; and to section 9018(a)(1)(A); this subsection shall include a description of (D) a requirement that any allottee assert- (2) in the OM&R Account, the amount the manner and purpose for which the ing a claim relating to the enforcement of made available pursuant to section amounts proposed to be withdrawn from the rights of the allottee under the tribal water 9018(a)(1)(B); Trust Fund will be used by the Tribe, in ac- code, or to the quantity of water allocated to (3) in the St. Mary Account, the amount cordance with subsection (h). land of the allottee, shall exhaust all rem- made available pursuant to section (4) APPROVAL.—On receipt of an expendi- edies available to the allottee under tribal 9018(a)(1)(C); and ture plan under this subsection, the Sec- law before initiating an action against the (4) in the Blackfeet Water, Storage, and retary shall approve the plan, if the Sec- United States or petitioning the Secretary Development Projects Account, the amount retary determines that the plan— pursuant to subsection (d)(4)(B). made available pursuant to section (A) is reasonable; and (3) ACTION BY SECRETARY.— 9018(a)(1)(D). (B) is consistent with, and will be used for, (A) IN GENERAL.—During the period begin- (d) INTEREST.—In addition to the deposits the purposes of this title. ning on the date of enactment of this title under subsection (c), any interest credited to (5) ENFORCEMENT.—The Secretary may and ending on the date on which a tribal amounts unexpended in the Trust Fund are carry out such judicial and administrative water code described in paragraphs (1) and (2) authorized to be appropriated to be used in actions as the Secretary determines to be is enacted, the Secretary shall administer, accordance with the uses described in sub- necessary to enforce an expenditure plan to with respect to the rights of allottees, the section (i). ensure that amounts disbursed under this Tribal water rights in accordance with this (e) MANAGEMENT.—The Secretary shall subsection are used in accordance with this title. manage, invest, and distribute all amounts title.

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(i) USES.—Amounts from the Trust Fund Fund are authorized to be appropriated to be (b) ADJUSTMENTS.— shall be used by the Tribe for the following used in accordance with the uses described in (1) IN GENERAL.—The adjustment of the purposes: subsection (e). amounts authorized to be appropriated pur- (1) The Administration and Energy Ac- (e) USES.— suant to subsection (a)(1) shall occur each count shall be used for administration of the (1) MR&I SYSTEM, IRRIGATION, AND WATER time an amount is appropriated for an ac- Tribal water rights and energy development STORAGE ACCOUNT.—The MR&I System, Irri- count and shall add to, or subtract from, as projects under this title and the Compact. gation, and Water Storage Account shall be applicable, the total amount authorized. (2) The OM&R Account shall be used to as- used to carry out sections 9011 and 9012. (2) REPETITION.—The adjustment process sist the Tribe in paying OM&R costs. (2) BLACKFEET IRRIGATION PROJECT DE- under this subsection shall be repeated for (3) The St. Mary Account shall be distrib- FERRED MAINTENANCE AND FOUR HORNS DAM each subsequent amount appropriated until uted pursuant to an expenditure plan ap- SAFETY IMPROVEMENTS ACCOUNT.—The Black- the amount authorized, as adjusted, has been proved under subsection (g), subject to the feet Irrigation Project Deferred Maintenance appropriated. conditions that— and Four Horns Dam Safety Improvements (3) TREATMENT.—The amount of an adjust- (A) during the period for which the amount Account shall be used to carry out section ment may be considered— is available and held by the Secretary, 9010. (A) to be authorized as of the date on $500,000 shall be distributed to the Tribe an- (3) ST. MARY/MILK WATER MANAGEMENT AND which congressional action occurs; and nually as compensation for the deferral of ACTIVITIES ACCOUNT.—The St. Mary/Milk (B) in determining the amount authorized the St. Mary water right; and Water Management and Activities Account to be appropriated. (B) any additional amounts deposited in shall be used to carry out sections 9005 and SEC. 9019. WATER RIGHTS IN LEWIS AND CLARK the account may be withdrawn and used by 9007. NATIONAL FOREST AND GLACIER the Tribe to pay OM&R costs or other ex- (f) MANAGEMENT.—Amounts in the Imple- NATIONAL PARK. penses for 1 or more projects to benefit the mentation Fund shall not be available to the The instream flow water rights of the Tribe, as approved by the Secretary, subject Secretary for expenditure until the enforce- Tribe on land within the Lewis and Clark to the requirement that the Secretary shall ability date. National Forest and Glacier National Park— not approve an expenditure plan under this SEC. 9018. AUTHORIZATION OF APPROPRIATIONS. (1) are confirmed; and paragraph unless the Tribe provides a resolu- (a) IN GENERAL.—Subject to subsection (b), (2) shall be as described in the document tion of the tribal council— there are authorized to be appropriated to entitled ‘‘Stipulation to Address Claims by (i) approving the withdrawal of the funds the Secretary— and for the Benefit of the Blackfeet Indian from the account; and (1) as adjusted on appropriation to reflect Tribe to Water Rights in the Lewis & Clark (ii) acknowledging that the Secretary will changes since April 2010 in the Consumer National Forest and Glacier National Park’’, not be able to distribute funds under sub- Price Index for All Urban Consumers West and as finally decreed by the Montana Water paragraph (A) indefinitely if the principal Urban 50,000 to 1,500,000 index for the amount Court, or, if the Montana Water Court is funds in the account are reduced. appropriated— found to lack jurisdiction, by the United (4) The Blackfeet Water, Storage, and De- (A) for deposit in the Administration and States district court with jurisdiction. velopment Projects Account shall be used to Energy Account of the Blackfeet Settlement SEC. 9020. WAIVERS AND RELEASES OF CLAIMS. carry out section 9013. Trust Fund established under section (a) IN GENERAL.— (j) LIABILITY.—The Secretary and the Sec- 9016(b)(1), $28,900,000; (1) WAIVER AND RELEASE OF CLAIMS BY retary of the Treasury shall not be liable for (B) for deposit in the OM&R Account of the TRIBE AND UNITED STATES AS TRUSTEE FOR the expenditure or investment of any Blackfeet Settlement Trust Fund estab- TRIBE.—Subject to the reservation of rights amounts withdrawn from the Trust Fund by lished under section 9016(b)(2), $27,760,000; and retention of claims under subsection (d), the Tribe under subsection (f) or (g). (C) for deposit in the St. Mary Account of as consideration for recognition of the Tribal (k) NO PER CAPITA DISTRIBUTIONS.—No por- the Blackfeet Settlement Trust Fund estab- water rights and other benefits as described tion of the Trust Fund shall be distributed lished under section 9016(b)(3), $27,800,000; in the Compact and this title, the Tribe, act- on a per capita basis to any member of the (D) for deposit in the Blackfeet Water, ing on behalf of the Tribe and members of Tribe. Storage, and Development Projects Account the Tribe (but not any member of the Tribe (l) DEPOSIT OF FUNDS.—On request by the Tribe, the Secretary may deposit amounts of the Blackfeet Settlement Trust Fund es- as an allottee), and the United States, acting from an account described in paragraph (1), tablished under section 9016(b)(4), $91,000,000; as trustee for the Tribe and the members of (2), or (4) of subsection (b) to any other ac- and the Tribe (but not any member of the Tribe count the Secretary determines to be appro- (E) such sums not to exceed the amount of as an allottee), shall execute a waiver and re- priate. interest credited to the unexpended amounts lease of all claims for water rights within of the Blackfeet Settlement Trust Fund; and the State that the Tribe, or the United SEC. 9017. BLACKFEET WATER SETTLEMENT IM- PLEMENTATION FUND. (2) as adjusted annually to reflect changes States acting as trustee for the Tribe, as- (a) ESTABLISHMENT.—There is established since April 2010 in the Bureau of Reclama- serted or could have asserted in any pro- in the Treasury of the United States a tion Construction Cost Trends Index applica- ceeding, including a State stream adjudica- nontrust, interest-bearing account, to be ble to the types of construction involved— tion, on or before the enforceability date, ex- known as the ‘‘Blackfeet Water Settlement (A) for deposit in the MR&I System, Irriga- cept to the extent that such rights are recog- Implementation Fund’’ (referred to in this tion, and Water Storage Account of the nized in the Compact and this title. section as the ‘‘Implementation Fund’’), to Blackfeet Water Settlement Implementation (2) WAIVER AND RELEASE OF CLAIMS BY be managed and distributed by the Sec- Fund established under section 9017(b)(1), UNITED STATES AS TRUSTEE FOR ALLOTTEES.— retary, for use by the Secretary for carrying $163,500,000; Subject to the reservation of rights and the out this title. (B) for deposit in the Blackfeet Irrigation retention of claims under subsection (d), as (b) ACCOUNTS.—The Secretary shall estab- Project Deferred Maintenance, Four Horns consideration for recognition of the Tribal lish in the Implementation Fund the fol- Dam Safety, and Rehabilitation and En- water rights and other benefits as described lowing accounts: hancement of the Four Horns Feeder Canal, in the Compact and this title, the United (1) The MR&I System, Irrigation, and Dam, and Reservoir Improvements Account States, acting as trustee for allottees, shall Water Storage Account. of the Blackfeet Water Settlement Imple- execute a waiver and release of all claims for (2) The Blackfeet Irrigation Project De- mentation Fund established under section water rights within the Reservation that the ferred Maintenance and Four Horns Dam 9017(b)(2), $54,900,000, of which— United States, acting as trustee for the Safety Improvements Account. (i) $40,900,000 shall be made available for allottees, asserted or could have asserted in (3) The St. Mary/Milk Water Management activities and projects under section 9010(c); any proceeding, including a State stream ad- and Activities Fund. and judication, on or before the enforceability (c) DEPOSITS.—The Secretary shall deposit (ii) $14,000,000 shall be made available for date, except to the extent that such rights in the Implementation Fund— activities and projects under section are recognized in the Compact and this title. (1) in the MR&I System, Irrigation, and 9010(d)(2); (3) WAIVER AND RELEASE OF CLAIMS BY Water Storage Account, the amount made (C) for deposit in the St. Mary/Milk Water TRIBE AGAINST UNITED STATES.—Subject to available pursuant to section 9018(a)(2)(A); Management and Activities Account of the the reservation of rights and retention of (2) in the Blackfeet Irrigation Project De- Blackfeet Water Settlement Implementation claims under subsection (d), the Tribe, act- ferred Maintenance and Four Horns Dam Fund established under section 9017(b)(3), ing on behalf of the Tribe and members of Safety Improvements Account, the amount $28,100,000, of which— the Tribe (but not any member of the Tribe made available pursuant to section (i) $27,600,000 shall be allocated in accord- as an allottee), shall execute a waiver and re- 9018(a)(2)(B); and ance with section 9007(g); and lease of all claims against the United States (3) in the St. Mary/Milk Water Manage- (ii) $500,000 shall be used to carry out sec- (including any agency or employee of the ment and Activities Fund, the amount made tion 9005; and United States)— available pursuant to section 9018(a)(2)(C). (D) such sums not to exceed the amount of (A) relating to— (d) INTEREST.—In addition to the deposits interest credited to the unexpended amounts (i) water rights within the State that the under subsection (c), any interest credited to of the Blackfeet Water Settlement Imple- United States, acting as trustee for the amounts unexpended in the Implementation mentation Fund. Tribe, asserted or could have asserted in any

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proceeding, including a stream adjudication (d) RESERVATION OF RIGHTS AND RETENTION (2) all amounts authorized under section in the State, except to the extent that such OF CLAIMS.—Notwithstanding the waivers 9018(a) have been appropriated; rights are recognized as Tribal water rights and releases under subsection (a), the Tribe, (3) the agreements required by sections under this title; acting on behalf of the Tribe and members of 9006(c), 9007(f), and 9009(c) have been exe- (ii) damage, loss, or injury to water, water the Tribe, and the United States, acting as cuted; rights, land, or natural resources due to loss trustee for the Tribe and allottees, shall re- (4) the State has appropriated and paid of water or water rights (including damages, tain— into an interest-bearing escrow account any losses, or injuries to hunting, fishing, gath- (1) all claims relating to— payments due as of the date of enactment of ering, or cultural rights due to loss of water (A) enforcement of, or claims accruing this title to the Tribe under the Compact, or water rights, claims relating to inter- after the enforceability date relating to the Birch Creek Agreement, and this title; ference with, diversion, or taking of water, water rights recognized under, the Compact, (5) the members of the Tribe have voted to or claims relating to failure to protect, ac- any final decree, or this title; approve this title and the Compact by a ma- quire, replace, or develop water, water (B) activities affecting the quality of jority of votes cast on the day of the vote, as rights, or water infrastructure) within the water, including any claim under— certified by the Secretary and the Tribe; State that first accrued at any time on or (i) the Comprehensive Environmental Re- (6) the Secretary has fulfilled the require- before the enforceability date; sponse, Compensation, and Liability Act of ments of section 9009(a); (iii) a failure to establish or provide a mu- 1980 (42 U.S.C. 9601 et seq.), including dam- (7) the agreement or terms and conditions nicipal rural or industrial water delivery ages to natural resources; referred to in section 9005 are executed and system on the Reservation; (ii) the Safe Drinking Water Act (42 U.S.C. final; and (iv) a failure to provide for operation or 300f et seq.); (8) the waivers and releases described in maintenance, or deferred maintenance, for (iii) the Federal Water Pollution Control subsection (a) have been executed by the the Blackfeet Irrigation Project or any other Act (33 U.S.C. 1251 et seq.) (commonly re- Tribe and the Secretary. irrigation system or irrigation project on the ferred to as the ‘‘Clean Water Act’’); and (g) TOLLING OF CLAIMS.— Reservation; (iv) any regulations implementing the Acts (1) IN GENERAL.—Each applicable period of (v) the litigation of claims relating to the described in clauses (i) through (iii); or limitation and time-based equitable defense water rights of the Tribe in the State; and (C) damage, loss, or injury to land or nat- relating to a claim described in this section (vi) the negotiation, execution, or adoption ural resources that are not due to loss of shall be tolled during the period beginning of the Compact (including exhibits) or this water or water rights (including hunting, on the date of enactment of this title and title; fishing, gathering, or cultural rights); ending on the date on which the amounts (2) all rights to use and protect water (B) reserved in subsections (b) through (d) made available to carry out this title are rights acquired after the date of enactment of section 6 of the settlement for the case transferred to the Secretary. of this title; and styled Blackfeet Tribe v. United States, No. (2) EFFECT OF SUBSECTION.—Nothing in this (3) all rights, remedies, privileges, immuni- 02–127L (Fed. Cl. 2012); and subsection revives any claim or tolls any pe- ties, and powers not specifically waived and (C) that first accrued at any time on or be- riod of limitation or time-based equitable de- released pursuant to this title or the Com- fore the enforceability date— fense that expired before the date of enact- pact. (i) arising from the taking or acquisition of ment of this title. (e) EFFECT OF COMPACT AND ACT.—Nothing the land of the Tribe or resources for the (h) EXPIRATION.—If all appropriations au- in the Compact or this title— thorized by this title have not been made construction of the features of the St. Mary (1) affects the ability of the United States, Unit of the Milk River Project; available to the Secretary by January 21, acting as a sovereign, to take any action au- 2026, the waivers and releases described in (ii) relating to the construction, operation, thorized by law (including any law relating and maintenance of the St. Mary Unit of the this section shall— to health, safety, or the environment), in- (1) expire; and Milk River Project, including Sherburne cluding— Dam, St. Mary Diversion Dam, St. Mary (2) have no further force or effect. (A) the Comprehensive Environmental Re- (i) VOIDING OF WAIVERS.—If the waivers and Canal and associated infrastructure, and the sponse, Compensation, and Liability Act of releases described in this section are void management of flows in Swiftcurrent Creek, 1980 (42 U.S.C. 9601 et seq.); under subsection (h)— including the diversion of Swiftcurrent (B) the Safe Drinking Water Act (42 U.S.C. (1) the approval of the United States of the Creek into Lower St. Mary Lake; 300f et seq.); Compact under section 9004 shall no longer (iii) relating to the construction, oper- (C) the Federal Water Pollution Control be effective; ation, and management of Lower Two Medi- Act (33 U.S.C. 1251 et seq.) (commonly re- (2) any unexpended Federal funds appro- cine Dam and Reservoir and Four Horns Dam ferred to as the ‘‘Clean Water Act’’); and priated or made available to carry out the and Reservoir, including any claim relating (D) any regulations implementing the Acts activities authorized by this title, together to the failure to provide dam safety improve- described in subparagraphs (A) through (C); with any interest earned on those funds, and ments for Four Horns Reservoir; or (2) affects the ability of the United States any water rights or contracts to use water (iv) relating to the allocation of waters of to act as trustee for any other Indian tribe and title to other property acquired or con- the Milk River and St. Mary River (including or allottee of any other Indian tribe; structed with Federal funds appropriated or tributaries) between the United States and (3) confers jurisdiction on any State made available to carry out the activities Canada pursuant to the International Bound- court— authorized under this title shall be returned ary Waters Treaty of 1909 (36 Stat. 2448). (A) to interpret Federal law regarding to the Federal Government, unless otherwise (b) EFFECTIVENESS.—The waivers and re- health, safety, or the environment; agreed to by the Tribe and the United States leases under subsection (a) shall take effect (B) to determine the duties of the United and approved by Congress; and on the enforceability date. States or any other party pursuant to a Fed- (3) except for Federal funds used to acquire (c) WITHDRAWAL OF OBJECTIONS.—The Tribe eral law regarding health, safety, or the en- or develop property that is returned to the shall withdraw all objections to the water vironment; or Federal Government under paragraph (2), the rights claims filed by the United States for (C) to conduct judicial review of a Federal United States shall be entitled to offset any the benefit of the Milk River Project, except agency action; Federal funds appropriated or made avail- objections to those claims consolidated for (4) waives any claim of a member of the able to carry out the activities authorized adjudication within Basin 40J, within 14 days Tribe in an individual capacity that does not under this title that were expended or with- of the certification under subsection (f)(5) derive from a right of the Tribe; drawn, together with any interest accrued, that the Tribal membership has approved the (5) revives any claim waived by the Tribe against any claims against the United States Compact and this title. in the case styled Blackfeet Tribe v. United relating to water rights in the State asserted (1) Prior to withdrawal of the objections, States, No. 02–127L (Fed. Cl. 2012); or by the Tribe or any user of the Tribal water the Tribe may seek leave of the Montana (6) revives any claim released by an allot- rights or in any future settlement of the Water Court for a right to reinstate the ob- tee or a tribal member in the settlement for water rights of the Tribe or an allottee. jections in the event the conditions of en- the case styled Cobell v. Salazar, No. SEC. 9021. SATISFACTION OF CLAIMS. forceability in paragraphs (1) through (8) of 1:96CV01285–JR (D.D.C. 2012). (a) TRIBAL CLAIMS.—The benefits realized subsection (f) are not satisfied by the date of (f) ENFORCEABILITY DATE.—The enforce- by the Tribe under this title shall be in com- expiration described in section 9023 of this ability date shall be the date on which the plete replacement of, complete substitution title. Secretary publishes in the Federal Register a for, and full satisfaction of all— (2) If the conditions of enforceability in statement of findings that— (1) claims of the Tribe against the United paragraphs (1) through (8) of subsection (f) (1)(A) the Montana Water Court has ap- States waived and released pursuant to sec- are satisfied, and any authority the Montana proved the Compact, and that decision has tion 9020(a); and Water Court may have granted the Tribe to become final and nonappealable; or (2) objections withdrawn pursuant to sec- reinstate objections described in this section (B) if the Montana Water Court is found to tion 9020(c). has not yet expired, the Tribe shall notify lack jurisdiction, the appropriate United (b) ALLOTTEE CLAIMS.—The benefits real- the Montana Water Court and the United States district court has approved the Com- ized by the allottees under this title shall be States in writing that it will not exercise pact, and that decision has become final and in complete replacement of, complete substi- any such authority. nonappealable; tution for, and full satisfaction of—

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5811 (1) all claims waived and released pursuant native later date as is agreed to by the Tribe the Members get more credit than they to section 9020(a)(2); and and the Secretary, after reasonable notice to should because the real heroes are the (2) any claim of an allottee against the the State, as applicable— ones who are back there doing the United States similar in nature to a claim (1) this title expires effective on the later work. I want to thank the staff who are described in section 9020(a)(2) that the allot- of— tee asserted or could have asserted. (A) January 22, 2025; and responsible for the hours and a lot of SEC. 9022. MISCELLANEOUS PROVISIONS. (B) the day after such alternative later late nights. I want to thank my chief of staff, (a) WAIVER OF SOVEREIGN IMMUNITY.—Ex- date as is agreed to by the Tribe and the Sec- cept as provided in subsections (a) through retary; Adrienne Jackson, as well as Alex (c) of section 208 of the Department of Jus- (2) any action taken by the Secretary and Herrgott. They do a lot of late night tice Appropriation Act, 1953 (43 U.S.C. 666), any contract or agreement entered into pur- work on these things, as well as many nothing in this title waives the sovereign im- suant to this title shall be void; on the other side. In the case of Alex munity of the United States. (3) any amounts made available under sec- Herrgott, who was driving this thing, (b) OTHER TRIBES NOT ADVERSELY AF- tion 9018, together with any interest on those amounts, that remain unexpended shall im- he has been doing this for me for over FECTED.—Nothing in this title quantifies or a dozen years. We have had a lot of suc- diminishes any land or water right, or any mediately revert to the general fund of the claim or entitlement to land or water, of an Treasury, except for any funds made avail- cesses. Indian tribe, band, or community other than able under section 9016(e)(2) if the Montana I also wish to recognize Susan the Tribe. Water Court denies the Tribe’s request to re- Bodine, who is sitting right here. She (c) LIMITATION ON CLAIMS FOR REIMBURSE- instate the objections in section 9020(c); and is a long-time WRDA expert, going MENT.—With respect to any Indian-owned (4) the United States shall be entitled to back to 2 years ago when we had the land located within the Reservation— offset against any claims asserted by the WRDA bill, in 2014. She actually (1) the United States shall not submit Tribe against the United States relating to worked on WRDA on the House side for water rights— against that land any claim for reimburse- 11 years. I thank, as well, Charles ment of the cost to the United States of car- (A) any funds expended or withdrawn from rying out this title or the Compact; and the amounts made available pursuant to this Brittingham. These are the two who (2) no assessment of that land shall be title; and actually spent the time on my side of made regarding that cost. (B) any funds made available to carry out the aisle who put in the hardest and (d) LIMITATION ON LIABILITY OF UNITED the activities authorized by this title from the longest hours. He was originally on STATES.— other authorized sources, except for any loan to me from Senator VITTER, but (1) IN GENERAL.—The United States has no funds provided under section 9016(e)(2) if the now he is a full member of the EPW obligation— Montana Water court denies the Tribe’s re- Committee. Few, if any, have better quest to reinstate the objections in section (A) to monitor, administer, or account for, expertise on the core operation than in any manner, any funds provided to the 9020(c). Tribe by the State; or SEC. 9024. ANTIDEFICIENCY. Charles. (B) to review or approve any expenditure of The United States shall not be liable for I want to thank Joe Brown for his those funds. any failure to carry out any obligation or ac- long hours, as well as Jennie Wright (2) INDEMNITY.—The Tribe shall indemnify tivity authorized by this title (including any and Andrew Neely for their work on the United States, and hold the United obligation or activity under the Compact) the Oklahoma priorities on this bill, States harmless, with respect to all claims if— along with Carter Vella and Amanda (including claims for takings or breach of (1) adequate appropriations are not pro- Hall. trust) arising from the receipt or expendi- vided expressly by Congress to carry out the I want to thank Jason Albritton and ture of amounts described in the subsection. purposes of this title; or Ted Illston on Senator BOXER’s staff (e) EFFECT ON CURRENT LAW.—Nothing in (2) there are not enough monies available this section affects any provision of law (in- to carry out the purposes of this title in the for their hard work with my team, and cluding regulations) in effect on the day be- Reclamation Water Settlements Fund estab- I thank Bettina Poirier, as always, for fore the date of enactment of this title with lished under section 10501(a) of the Omnibus the hard work she did. respect to preenforcement review of any Fed- Public Land Management Act of 2009 (43 I thank the hard-working Aurora eral environmental enforcement action. U.S.C. 407(a)). Swanson at CBO. We really put the (f) EFFECT ON RECLAMATION LAWS.—The ac- f burden on CBO. They had to respond tivities carried out by the Commissioner of immediately on short notice in order Reclamation under this title shall not estab- LEGISLATIVE BRANCH APPRO- to get this done. Everyone said it was lish a precedent or impact the authority pro- PRIATIONS ACT, 2017—MOTION TO going to be impossible during this work vided under any other provision of the rec- PROCEED lamation laws, including— period, but she played a major part in (1) the Reclamation Rural Water Supply Mr. MCCONNELL. Madam President, that. I also recognize the scoring and Act of 2006 (43 U.S.C. 2401 et seq.); and I move to proceed to H.R. 5325. work that was necessary from the Sen- (2) the Omnibus Public Land Management The PRESIDING OFFICER. The ate legislative counsel Deanna Act of 2009 (Public Law 111–11; 123 Stat. 991). clerk will report the motion. Edwards, Maureen Catreni, and Gary (g) IRRIGATION EFFICIENCY IN UPPER BIRCH The legislative clerk read as follows: Endicott. Finally, I thank Neil CREEK DRAINAGE.—Any activity carried out Chatterjee for his work from the lead- by the Tribe in the Upper Birch Creek Drain- Motion to proceed to Calendar No. 516, H.R. age (as defined in article II.50 of the Com- 5325, making appropriations for the Legisla- er’s office. It was very, very helpful. pact) using funds made available to carry tive Branch for the fiscal year ending Sep- Of course, I already mentioned the out this title shall achieve an irrigation effi- tember 30, 2017, and for other purposes. hard work of my colleague Senator ciency of not less than 50 percent. f BOXER for making this bill a reality. It (h) BIRCH CREEK AGREEMENT APPROVAL.— MORNING BUSINESS was a project that couldn’t have been The Birch Creek Agreement is approved to done any other way with any other the extent that the Birch Creek Agreement Mr. MCCONNELL. Madam President, people, and I am proud to have that be- requires approval under section 2116 of the I ask unanimous consent that the Sen- hind us now. Revised Statutes (25 U.S.C. 177). ate proceed to a period of morning With that, I will yield the floor. (i) LIMITATION ON EFFECT.—Nothing in this business, with Senators permitted to title or the Compact— The PRESIDING OFFICER. The Sen- (1) makes an allocation or apportionment speak therein for up to 10 minutes ator from Vermont. of water between or among States; or each. f (2) addresses or implies whether, how, or to The PRESIDING OFFICER. Is there what extent the Tribal water rights, or any objection? REMEMBERING ROBERT J. portion of the Tribal water rights, should be Without objection, it is so ordered. DUNFEY, SR. accounted for as part of, or otherwise The Senator from Oklahoma. Mr. LEAHY. Madam President, for charged against, an allocation or apportion- f every pivotal moment in history, be- ment of water made to a State in an inter- hind the faces of the political leaders, state allocation or apportionment. THANKING STAFF the negotiators, the protestors and the SEC. 9023. EXPIRATION ON FAILURE TO MEET EN- FORCEABILITY DATE. Mr. INHOFE. Madam President, first agreement-seekers, there are stalwart If the Secretary fails to publish a state- of all, I will be very brief. What we just citizens, seeking to find the common ment of findings under section 9020(f) by not passed is a major bill. It took a lot of ground for the common good. Last later than January 21, 2025, or such alter- effort from a lot of people. Many times month, one such advocate in the march

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.005 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5812 CONGRESSIONAL RECORD — SENATE September 15, 2016 for peace in Ireland, Robert J. Dunfey, first generation Irish and other immigrants. Northern Ireland. He participated with Sen. Sr., passed away. To this day, his closest friend and partner, George Mitchell, President Clinton’s Special Bob Dunfey was a successful busi- brother Jack, credits Bob’s energy and hard Envoy for Economic Initiatives for Northern nessman, the founder of what today we work as the distinct factor that grew the Ireland, on the Senator’s first tour of Bel- family business from one small business to fast, Derry, and Border Towns. call the Omni Hotel chain, who gave fried clam stands at Hampton Beach then on Bob and his brother, Jack Dunfey, traveled back to his community, his state, his to restaurants, motels and hotels throughout to Oslo with John Hume and David Trimble country and his world. A public servant New England, an evolution which led to the and their families when the two Northern who spent decades advancing peace- purchase of Boston’s famous Parker House in Ireland leaders were awarded the Nobel building efforts in his ancestral home 1968 and later became Omni Hotels Inter- Peace Prize in 1998. of Ireland, Mr. Dunfey was widely re- national. Perhaps it is in the reflections of others garded by leaders of all walks in Ire- Bob’s work in the business community had that we see the worth of a life well lived. a significant impact on the Maine economy. Julia Brown, Bob’s granddaughter, offers land. He worked to support initiatives In 1966 Bob successfully led the controversial such a reflection and two dear friends warm- in Northern Ireland, as well as those in campaign to allow restaurants, lounges and ly affirm her tribute: ‘‘Our Papa leaves an Ireland. A trusted partner, Bob Dunfey hotels to sell alcoholic beverages on Sunday amazing legacy as a humanitarian and activ- sought neither credit nor the spotlight; which was prohibited by law. Another major ist. He touched so many lives and made such he worked behind the scenes, a true contribution was the development of the a memorable impact in this world. He will be hallmark of public service. Maine Mall. immensely missed by his loving family and Marcelle and I were touched when During Bobby Kennedy’s 1968 campaign for wide circle of friends.’’ One of those dear and President, Bobby would personally call Bob Bob welcomed us and our family into longtime friends, Jackie Redpath, Belfast each Sunday to hear how the campaign was Shankill Community Centre, who worked so his home in Ballyferriter, Ireland. He going in Maine. In 1980, on behalf of Maine closely alongside Bob, shares that sentiment: leaves behind family and friends in his Governor Brennan, Bob asked Federal Judge ‘‘Bob was a ‘great man’. In Ireland, in Bel- native New England, across the coun- George Mitchell to fill the senate seat of Ed- fast, on the Shankill Falls, he straddled try and around the world. His is a mund Muskie, newly appointed Secretary of ‘both sides’ & both extremes & I am forever friendship I will miss. State by President Carter. Mitchell accept- grateful for his, and your family’s, bringing I ask unanimous consent that the ed. loyalism/unionism’ in from the cold and giv- As an active father he helped raise his fam- full obituary for Robert Dunfey, Sr., be ing us a seat ‘at the top table’ in the United ily in Cape Elizabeth. His favorite places States. People are alive today, who would printed in the RECORD. were Prout’s Neck walking the beach and the not otherwise be, on account of this. Bob was There being no objection, the mate- bird walk, boating around Casco Bay and strong, sincere, determined, wise, sensitive rial was ordered to be printed in the riding his bike along the New England Coast. and great damn fun. He was very kind to me RECORD, as follows: In 1965, he built a ski chalet in North and I will miss him. OBITUARY FOR ROBERT J. DUNFEY SR., CO- Conway where his family and grandchildren It was his beloved Maine, however, that FOUNDER, OMNI-DUNFEY HOTELS INTER- spent winter weekends skiing Cranmore Bob served first and foremost, and the Susan NATIONAL AND PEACE-BUILDER, NORTHERN Mountain and snowmobiling, He also ar- Curtis Foundation expresses best, all that IRELAND ranged many family ski trips to Vail at Bob Dunfey means to them: ‘‘It may comfort Thanksgiving. Robert John ‘Bob’ Dunfey, Sr. of Ports- you to know that this summer, nearly 500 But his pride and joy was the house he had youth learned about themselves and who mouth, NH and formerly of Cape Elizabeth, built in Ballyferriter, Ireland with the most ME, died peacefully on Tuesday, August 23, they can be, while developing the character, amazing view of ocean and cliffs. His purpose skills and life lessons they need to reach 2016, surrounded by loving family including was to have new generations of family recon- his devoted wife, Jeanette Marston Dunfey their dreams. Over 16,000 youth have had nect with Irish relatives. His school master that same experience since Camp Susan Cur- who tirelessly cared for him during his long and archeologist cousin, Denis O’Connor and valiant struggle against Parkinson’s tis opened its doors in 1974. None of this helped Bob select the perfect Irish name: would have happened without Bob. He lives Disease. Feorann: ‘‘edge of the sea, a verdant bank on Bob was born February 9, 1928 in Lowell, on in the thousands of Maine youth (and a mountainside . . .’’ Over 35 years, Bob ex- former Maine youth—now adults!) who are MA, the seventh of twelve children of Cath- panded that word’s meaning to include: a bit erine and LeRoy Dunfey. He was educated at succeeding and thriving in part because they of heaven to be shared with all! He gener- mattered at Camp Susan Curtis. He will for- St. Patrick’s School and Keith Academy, ously opened his Irish home to family, both in Lowell. ever be a part of us and we will miss him.’’ countless friends—even friends of friends. He A celebration of Bob’s life will be held at He is survived by former wife Shirley introduced Senators George Mitchell, Ted St. John’s Episcopal Church, 100 Chapel (Corey) Dunfey, and five children: Robert Kennedy, Patrick Leahy, and Chris Dodd to Street, Portsmouth, NH at 11 A.M. Saturday, Dunfey, Jr. Cape Elizabeth, ME; Roy and the expansive beauty and warm hospitality September 10, 2016. Honoring Bob’s wish, his Karen Dunfey, Portland, ME; Eileen Dunfey of the Dingle Peninsula. Bob believed as ashes will be interred in the family’s ances- and Michael Pulsifer, Cape Elizabeth, ME; every Kerryman does, that there are only tral grave in Ballyferriter, Ireland alongside Brian Dunfey, South Berwick, ME; two kingdoms: The Kingdom of God and The his sister, Mary; brother, Walter; and neph- Maryanne Dunfey, North Conway, NH; 10 Kingdom of Kerry; ‘‘One is of this world and ew, Philip, at a time convenient to the fam- grandchildren and 3 great-grandchildren. one is out of this world!’’ ily. The family requests that, in lieu of flow- He is also survived by 4 of his 11 siblings: Robert J. ‘Bob’ Dunfey, Sr. was a trustee of ers, friends consider a contribution in Bob’s Jack and his wife Lisa of Boston; Eileen Rob- the University of Maine System; a director memory to the Susan Curtis Foundation 1321 inson of Bradenton, FL; Jerry and his wife of the American Ireland Funds; founder and Washington Ave # 104, Portland, ME 04103. Nadine Hack of Lutry, Switzerland; Eleanor honorary director of the Susan L. Curtis Dunfey and her husband Jim Freiburger of Foundation, which operates a 50-acre sum- f Exeter, NH; many dear cousins in mer camp for Maine’s underprivileged chil- TRIBUTE TO TIM MITCHELL Ballyferriter, Co. Kerry, Ireland; and his wife dren. Bob was a founding director of the Jeanette’s devoted Marston family. Maine Community Foundation. Bob served Mr. LEAHY. Madam President, if I He was pre-deceased by his parents Cath- on the Spurwink Board of Trustees for 14 can take a moment. I don’t think peo- erine and LeRoy and 7 Dunfey siblings: Roy, years, and was honored as the inaugural Hu- ple realize how many men and women Paul, Catherine, ‘Kay,’ Mary, William ‘Bud,’ manitarian of the Year in 1987. on both sides of the aisle work so hard and Richard, ‘Dick,’ and Walter. He was founding treasurer and director of to make the Senate work, to keep Rarely in the 88 years of Bob Dunfey’s life New England Circle/Global Citizens Circle, a things going. I’ve often said, only par- was he in or did he seek the limelight, but a 40-year old non-profit forum that brings tially in jest, that U.S. Senators are look behind the scenes in meetings, con- leaders and activists together for civil dia- versations, and telephone calls would reveal logue on critical issues that lead to con- merely constitutional impediments to Bob’s signature contributions. The seventh structive change in our local and global com- the staff who do all the work. One of child in a family of 12 knew from the begin- munities. Bob worked tirelessly to support those people is Tim Mitchell. ning that his life would be that of bridge initiatives in Northern Ireland and cultural I have been here from the day he builder, connector, supporter of worthy preservation projects in the South of Ireland. began, 25 years ago tomorrow. I know causes. For his extraordinary efforts over 40 years his wonderful wife, Alicia, and his son, Too young to enlist in WWII with his older on the Isle of Ireland, he was honored with Ben, who is in my grandson’s class. We brothers, he became the indispensable ‘‘right several major awards by all the Parties to hand’’ for his father and role model for his see them playing sports together. the Peace Process as a trusted behind the If I am ever feeling down about the younger siblings by doing the often thank- scenes partner for all who were interested in less hard work—behind the counter in the moving beyond ‘‘The Troubles.’’ prospects of the Red Sox, I simply ask family’s luncheonette and variety store in He was an advisor for the White House Tim, and know the sun will come up Lowell, MA’s ‘ACRE,’ the home of so many Conference for Trade and Investment in tomorrow because Tim will point out

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.013 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5813 we still have a chance because of this ing in black and white of a candidate’s The majority whip. or that. I have also been at the White honesty, integrity, and their personal Mr. CORNYN. Madam President, re- House with him when the Red Sox priorities. serving the right to object—if my came to town with their World Series A return can show whether a nomi- friend from Oregon wants to discuss trophy. nee has intimate connections to power- transparency and bring the Presi- More importantly, Tim is a true pro- ful interests in foreign governments dential election to the floor of the U.S. fessional, and one of the most honest whose priorities run contrary to the in- Senate, I think the person we should people I’ve known. If it is bad news, he terests of typical Americans. A return start with is the former Secretary of will give you the bad news, but he is so highlights important questions about State. She has had, to put it chari- nice, it is almost acceptable. I can al- integrity. Are you the person giving to tably, innumerable challenges on the ways go to him because he will keep charity or, as some have wondered, are topic of transparency. confidences if we ask him to. He under- you converting another donor’s gift Let’s just look at one. All we need to stands the Senate, every single aspect into your own? Are you using charities do is look at the way she exposed some of the Senate, as well as anybody I for personal gain? of our Nation’s most highly classified have ever worked with and I have been A return shows if you pay any taxes information by setting up a private here 42 years. He is a person that ev- at all or if you use the complexity of email server in her home. The ensuing eryone who works for the Senate this Byzantine Tax Code to hide your investigation produced nothing but should model themselves after. He income while working Americans have stonewalling, obfuscation, and mis- works very well with his Republican their taxes taken out of their pay- leading statements she made to the counterparts, and has the respect of all check. American public. Senators. Today—and I made it clear I am When FBI Director James Comey an- I don’t want to embarrass Tim, but going to shortly try to get support for nounced the agency was closing the in- as the Dean of the Senate, the one who the Presidential Tax Transparency vestigation, his statements made clear has served here the longest, I think it Act. Today honest taxpayers who dot that Hillary Clinton had not been tell- is safe for me to say that I know of no every ‘‘i’’ and cross every ‘‘t’’ are faced ing the truth. She did send and she did one finer. He is a wonderful person, and with a major Presidential candidate receive classified information, again, I commend him. I commend the sac- who refuses to show even one single at some of the various highest levels. rifices that Alicia and Ben have made, page of his tax return. This flouting of Director Comey said she and her staff because there are some nights we are a tradition honored by every candidate who aided and abetted her were ‘‘ex- here very late. I know what it is like to since Watergate is just too dangerous tremely careless in their handling of miss a child’s game, play or school to ignore. this highly sensitive information.’’ event. Tim has had to do that. I would So shortly I will ask unanimous con- In response, I have introduced legis- like to address this part to Alicia and sent that the Senate pass S. 2979, the lation with the junior Senator from to Ben. Ben, you should be extraor- Presidential Tax Transparency Act. It Colorado, Senator GARDNER, to help dinarily proud of your father and is a straightforward proposal. It says hold her and her staff accountable. The Alicia, I know you love, respect and are within just over 2 weeks of becoming a bill is called the Trust Act and it would proud of your husband. nominee, at a party convention nomi- revoke the security clearance of any I yield the floor. nees are required to release at least 3 person found to have been extremely The PRESIDING OFFICER. The Sen- years of tax returns. If they refuse, the careless in the handling of classified ator from Oregon. Treasury Secretary provides the re- information, and it would keep them Mr. WYDEN. Madam President, be- turns to the Federal Election Commis- from receiving a security clearance in fore he leaves the floor, I note the very sion and they are put online automati- the future. It would also clarify that fine statement of the dean of the Sen- cally. when someone has been found by inves- ate Democrats, and I would just like to Since I introduced this bill in the tigators to have been extremely care- say that I want to ascribe to Senator spring, I was asked again and again less in handling classified information, LEAHY’s views and also be a charter what was behind my thinking. I re- that is tantamount to gross negligence. member of the ‘‘Tim Mitchell caucus.’’ member talking to Senator CARDIN, my So I would ask the Senator from Or- What a great name to give his public colleague on the Finance Committee, egon to modify his request so S. 2979 service. I thank you, Senator LEAHY. about it. I said at home, through town and S. 3135 be discharged from their re- f meetings, and to colleagues here: Oh, spective committees and the Senate how I wish this bill was not necessary. proceed to their immediate consider- UNANIMOUS CONSENT REQUEST— I think certainly millions of Americans ation. I would ask unanimous consent S. 2979 say: Hey, there are lots of laws already. that the bills be read a third time and Mr. WYDEN. Madam President and Why do we need more laws? I think we passed and that the motions to recon- colleagues, I come to the Senate floor all could feel very proud of this 40-year, sider be considered made and laid upon today to discuss S. 2979, the Presi- bipartisan voluntary tradition that all the table. dential Tax Transparency Act. I am the candidates have honored. I have The PRESIDING OFFICER. Will the very pleased to see that my colleague waited to bring this bill up in front of Senator so modify his request? on the Finance Committee who is such the Senate, until it was clear the tradi- Mr. WYDEN. Reserving the right to a valuable Member, Senator CARDIN, is tion would not be honored this year. object—— here as well. I believe it is time for the United The PRESIDING OFFICER. The Sen- In America, nobody forces you to run States Senate to act on S. 2979, the ator from Oregon. for President. You volunteer to run for Presidential Tax Transparency Act, to Mr. WYDEN. Thank you, Madam President, and this year we have had a protect honesty, accountability, and President. bumper crop of volunteers. Since Wa- transparency in our Presidential elec- First of all, it is with great dis- tergate, there has been a bipartisan tion process. appointment and regret that I note tradition honored by all candidates Madam President, I ask unanimous that Senate Republicans are willing to that they would release their tax re- consent that the Committee on Rules throw aside a 40-year tradition of hon- turns. Every Democrat, every Repub- and Administration be discharged from esty and openness in our Presidential lican, every liberal, every conservative further consideration of S. 2979; that elections by blocking the Presidential has subscribed to honoring this par- the Senate proceed to its immediate Tax Transparency Act. ticular tradition. Why is it so impor- consideration; that the bill be read a With respect to their own proposal, I tant? Tax returns say so much about a third time and passed, and the motion want to be clear on this point. The bill candidate for the world’s most demand- to reconsider be considered made and that I have authored, S. 2979, the Presi- ing job. Rather than the spin and de- laid upon the table with no intervening dential Tax Transparency Act, affects ception that counts as messaging in a action or debate. all the candidates for President in an Presidential campaign, the tax returns The PRESIDING OFFICER. Is there attempt to preserve the tradition of are legally required to be an account- objection? openness and accountability that is no

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.019 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5814 CONGRESSIONAL RECORD — SENATE September 15, 2016 longer being honored. The proposal of- well show international contacts, of people, I never thought that some- fered by my colleague from Texas, on international business, and offshore ac- one like Donald Trump would be the behalf of Senate Republicans, responds tivity that the public has a right to nominee of a major political party. with a bill targeted at one candidate, a have debated during the course of the Donald Trump makes a big show, strut- proposal that all our true national se- campaign. It may show a Presidential ting around, pretending to be tough, curity experts have said would harm candidate’s use of the provisions within but he is too chicken to show his tax America’s security. The briefing of our our Tax Code to pay a different tax returns to the American people. He has Presidential candidates is not just for rate or no taxes at all. The public has had a million excuses, but we all know their benefit, it is for the benefit of the a right to know that before they cast why Donald Trump isn’t releasing his American people so we have a smooth, their vote so they can ask questions taxes. He is hiding something. democratic transition of power without about that. The tax return may show For a long time I wasn’t sure what he risk to our national security. that certain statements made in regard was hiding. But thanks to the tireless This attempt to hide the violation of to the use of charities are either appro- work of journalists and experts, we at a tradition of openness and account- priate or not appropriate. They have least have some clues about what he is ability behind a political witch hunt the right to debate that before they hiding. We don’t know everything, but ought to tell Americans all they need cast their vote. slowly some of his secrets are starting to know about Senate Republicans at Senator WYDEN’s bill carries out cur- to leak to the public, and they are not this point. For that reason, I object. rent practice. I don’t think anyone pretty. The PRESIDING OFFICER. Objec- thought 6 months ago that someone Let’s start with the tax scams that tion is heard. would step forward to run for the Pres- Is there objection to the original re- we know about. Here are just three of idency of the United States and accept them. quest? the nomination of a major political Mr. CORNYN. Madam President, I The first scam is claiming tax credits party without disclosing their tax re- object. for homeowners who make less than The PRESIDING OFFICER. Objec- turns. I don’t think any of us thought $500,000 a year. He wasn’t eligible, so he tion is heard. that was at issue. lied—nothing fancy. Eventually, the The Senator from Maryland. Senator WYDEN has been very patient press caught wind of it, and Trump Mr. CARDIN. Madam President, I with this bill. We have given all the paid up. And if he hadn’t been caught, join with Senator WYDEN in my deep Presidential candidates that oppor- he would still be lying about it today. disappointment that the Republicans tunity. Secretary Clinton has disclosed Here is another Trump tax scam. have objected to the continuation of a her tax returns. Secretary Clinton has Scoop up hundreds of millions of dol- policy that has voluntarily been done made available her emails through ap- lars in real estate developer subsidies, for 40 years; that is, those who are run- propriate channels. That has been then skip out on paying any income ning for President of the United States done. That transparency has been taxes. In 1978, 1979, 1991, and 1993, release their tax returns. I want to un- made. But there is a person running on Trump paid zero dollars in income derscore a couple of points that were the Republican side who has refused to taxes—zero, and that is not a com- made by Senator WYDEN. I thank him disclose his tax returns. That is wrong. prehensive list of his zero-tax years. It very much for his leadership on this That denies the American people the is just the years when, for one reason issue. transparency they need to judge the or another, his tax returns were public. I just came from a hearing at the candidates and to engage in political Here is the third Trump tax scam. In Senate Foreign Relations Committee— discourse during the campaign, which this campaign, Trump claims the char- where I have the privilege of being the is critically important to their deci- itable deduction when he gives money ranking Democrat—on Afghanistan. A sion as to who the next President of to his own foundation, and then he uses large part of that hearing dealt with the United States should be. that foundation for personal expenses transparency, good governance, corrup- I am extremely disappointed that and campaign fundraising. tion, and anti-corruption. That is a key there has been an objection to Senator That is just the stuff we know about. fundamental for Afghans’ success. This WYDEN’s request that we require those So how bad are the things we don’t morning I also had a chance to meet who want to be President of the United know about? The American people with the new leader of Burma. She has States—the highest office in this land, should see Donald Trump’s tax returns tremendous challenges in that emerg- the highest office in the free world—to so they can decide for themselves if his ing country. Transparency and anti- disclose their tax returns. shameful and, in some cases, illegal be- corruption are critically important to I yield the floor. havior disqualifies him from being the success of that democracy. I suggest the absence of a quorum. President. When the United States stands inter- The PRESIDING OFFICER. The nationally for good governance, anti- clerk will call the roll. The tax scams are awful, but they corruption, and transparency, we first The bill clerk proceeded to call the are a sideshow compared to what else have to deal with our issues at home. It roll. is probably tucked away in his tax re- is hard for us to demand transparency Ms. WARREN. Madam President, I turns. Those tax returns would show globally when we ourselves fall victim ask unanimous consent that the order his personal deals with foreign govern- to the failure to make information for the quorum call be rescinded. ments, arrangements that could put available to the public that they des- The PRESIDING OFFICER. Without him in direct conflict with American perately need. Let me tell you why objection, it is so ordered. interests. We already know about some of that is important. This is not theo- f retical. The Panama Papers indicate Trump’s foreign dealings. We know he PRESIDENTIAL TAX that heads of state—current heads of has gotten Russian oligarchs with close TRANSPARENCY ACT state and former heads of state—have ties to Vladimir Putin to fund his busi- used ways to avoid public disclosure of Ms. WARREN. Madam President, I nesses. Is he still doing that? the gains of their office, the connec- am on the floor today to talk about the We know he has financial ties to po- tions they have had. Presidential Tax Transparency Act. It litical dynasties in Turkey. We know There is a reason why for 40 years we is a simple proposal that would require he is wrapped up in aggressive pipeline have seen the release of tax returns by every Presidential candidate of a major plans in North and East India. those running for President. Before party to release their tax returns. Hil- The list of countries where Trump they vote, the public has a right to lary Clinton has already done it. In has financial conflicts is staggering: know about the potential conflicts that fact, every single general election can- South Korea, India, Turkey, Libya, individual brings to the Office of the didate in the past nine elections has Russia, Ukraine, United Arab Emir- Presidency, the highest office in the done it. ates. land. I will be honest. This is not the kind Remember the Libyan dictator Qa- Senator WYDEN pointed out accu- of legislation that I thought Congress dhafi. Back in 2009, Trump was set to rately that that tax return could very would ever need to pass, but, like a lot lease his own estate to the dictator,

VerDate Sep 11 2014 05:13 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.020 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5815 but local protests shut that down. So country and have for decades. It is one The bill clerk proceeded to call the who else has he been leasing his home of the most difficult, least safe jobs in roll. to—Putin? I mean, maybe Trump’s the country. Mr. BARRASSO. Mr. President, I ask next business will be Airbnb for dic- On my lapel I wear a depiction of a unanimous consent that the order for tators. canary in a bird cage that was given to the quorum call be rescinded. Tax returns will not tell us every- me at a workers’ Memorial Day rally. The PRESIDING OFFICER (Mr. thing, but we know that they will tell The mine workers stuck a canary down DAINES). Without objection, it is so or- us something about what Trump is hid- in the mines. One hundred years ago dered. ing. Donald Trump praises brutal dic- they had no union to protect them. f They had no government that cared tators and murderers. He threatens our OBAMACARE allies. He denigrates democracy right enough to protect them and their safe- here at home. He is right out front ty. They relied on this canary. If the Mr. BARRASSO. Mr. President, as you hear in Montana and I hear in Wy- with all of that stuff. canary died, they got out of the mines. What is so bad that Donald Trump They were on their own. oming weekend after weekend as we go home and we travel our States over the has to hide it? Would his tax returns We know this proud history of mine summertime, we are hearing from show how deeply Donald Trump’s per- workers in Ohio, West Virginia, Ken- more people and seeing more articles sonal, financial interests run directly tucky, Western Pennsylvania, and in the newspaper about how the Obama counter to the national interests of the Southwest Virginia. We have an obliga- health care law is falling apart. Every United States of America? tion—the anti-labor sentiment in this Member of this body—every Member of It is 8 weeks before a national elec- body, particularly in Republican lead- this body—probably hears the same tion. Everyone wants Donald Trump to ership—to these mine workers. When stories I hear and have heard again do what other candidates—Republican they negotiated their wages at the bar- today visiting with people from Wyo- candidates and Democratic can- gaining table, they gave up wages 20 ming—stories from people who can no didates—have done and disclose his fi- years ago, 30 years ago, or 40 years ago. longer afford their health care pre- nancial information to the American They gave up wages then so they would have pension and health care later. miums, their health care coverage, the people. copays, the deductibles, and all of the George W. Bush’s IRS Commissioner They were some of the most patriotic things that have happened because of has said: Trump should release his people—and have been. When we had our rally the other day the Obama health care law. taxes, period. outside of the Capitol to at least push I think it is interesting to reflect on The IRS Chief Counsel for Ronald Senator MCCONNELL to do his job, to that new survey done by the Gallup or- Reagan has said the same thing: Trump push this Senate to do its job. This is ganization, a well-known pollster from should release his taxes, period. a Senate that has been out of session around the country with a long his- TED CRUZ has released his taxes. more than any Senate in the last 60 tory. They released numbers last week John Kasich released his taxes. Jeb years. They simply don’t want to do about what people are seeing around Bush released his taxes going all the their job. Even forgetting about nomi- the country with regard to way back to 1981. nating, confirming, or at least having ObamaCare—the things we have been Look, it is no surprise that Trump hearings on a Supreme Court nominee, hearing at home every weekend. thinks the rules don’t apply to him; he forgetting about the Zika virus for a The first thing we found is that more never does. But the American people moment—this Senate simply isn’t Americans disapprove of ObamaCare are not going to buy a pig in a poke. He doing its job, and it starts down the than approve of it. Now, it is inter- should release his taxes voluntarily. hall in the majority leader’s office. esting because the Senate minority But since he will not, then we should They are simply refusing to bring to leader, HARRY REID, was on the floor pass the Presidential Tax Trans- a vote this very simple bill to protect yesterday saying repeatedly: Isn’t parency Act and make him release miners’ pensions and health care. It ObamaCare great? Well, I would say to those taxes. doesn’t cost taxpayer dollars. It is my friend and colleague from Nevada: No one knows what he is up to with moving money from the abandoned No, as a matter of fact, more Ameri- Russia, Libya, or any other country. mine fund into this UMWA pension and cans disapprove—thumbs down—of the Let’s take a look at his taxes and find health care fund. Obama health care law than people out. It is a betrayal of those workers. It is who approve. I yield the floor. simply saying we don’t care about That is not what was supposed to I suggest the absence of a quorum. those workers. I can’t believe that this happen—oh no. When the now minority The PRESIDING OFFICER. The body doesn’t seem to care much about leader—then the majority leader— clerk will call the roll. workers, doesn’t seem to care much came to the floor a number of years The bill clerk proceeded to call the about people who work with their ago with a bill that was written behind roll. hands, doesn’t seem to care much closed doors in his office, when they Mr. BROWN. Madam President, I ask about the safety of workers, doesn’t forced this through the House and the unanimous consent that the order for seem to care much about the air they Senate, they said it would be great. the quorum call be rescinded. breathe and the conditions they work Senator SCHUMER, who may likely be- The PRESIDING OFFICER. Without in. come the new leader of the Democrats objection, it is so ordered. This is finally a chance for this body in a new Senate after the minority f to go on record saying: Yes, we actu- leader retires, predicted from the floor—right over there—that the law MINERS PROTECTION ACT ally think mine workers have dedi- cated their lives to working some of was going to be much more popular as Mr. BROWN. Madam President, yes- the most difficult jobs in our country, time went on. He said: ‘‘When people terday I joined Senator MANCHIN, Sen- and we should live up to our obligation. see what is in the bill, and when people ator WARNER, Senator CAPITO, and oth- Other than that, it is a betrayal of see what it does, they will come ers about the mine workers’ pension. I those workers, and it is coming around.’’ come to the floor again today as I just straight out of the majority leader’s of- Well, it has now been 6 years. People cannot believe that my colleagues are fice. have seen what is in the bill. Remem- going to go home. Some wanted to go It is shameful that this Senate is ber NANCY PELOSI saying: First you today and make this the last day of thinking about going home without have to pass it before you get to find session. Others are saying next week. doing its work. I again ask the leader out what is in it. People have seen I think there is no excuse for this to schedule this bill so we can move what is in it. They have not come Senate to leave without taking care of forward. around. People disapprove of the Presi- the longtime—starting with Harry Tru- Madam President, I suggest the ab- dent’s health care law—thumbs down— man—agreement we have made with sence of a quorum. by 51 percent. the people who go down into coal mines The PRESIDING OFFICER. The It is interesting that the numbers and do their work. They powered this clerk will call the roll. have actually gotten worse, in spite of

VerDate Sep 11 2014 05:13 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.022 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5816 CONGRESSIONAL RECORD — SENATE September 15, 2016 what the Senate minority leader said There was one other question in this why the American people are so wor- yesterday repeatedly, when he said: poll that I would like to point to. They ried about the future of their health Isn’t ObamaCare great? So 4 years ago, asked all these American families care and why there has been an incred- when Gallup asked the same question, about ObamaCare. They asked: In the ible spike in the number of people who the numbers were actually only 45 per- long run—in the long run—how do you think that in the future, their health cent. Now it is 51 percent who dis- think the health care law will affect care will get worse. approve. So it is actually heading your family’s health care situation? People look at these unsustainable backwards. ObamaCare is becoming Will it make it better for your family, price increases and they say: What am more unpopular as time goes on and as as the Democrats promised? Will it I going to do? They can’t afford the in- people see that it has actually hurt have no affect? Or will it actually surance now. Maybe they can make it them personally. Yes, that is what I make things worse for you and your through this year. What about next said: It hurt them personally. The family? Over one-third of Americans— year? President’s signature law is hurting 36 percent—say the health care law will People want and need relief because them personally. make health care for them and for even if you are down to one choice, Let’s take a look. How many people their family worse. Less than one in even if there is a monopoly and you are tell others the Obama health care law four say it will make it better. So more down to one choice, you have to buy it has hurt them personally—they and say ObamaCare will make their fam- because if you don’t, President Obama their families? A record number say ily’s health care situation worse. and the Democrats say ‘‘You must pay that ObamaCare hurt their family—29 Now, that is an overwhelming mar- a fine. You must pay a penalty. You percent. Have people been helped by gin. It is even a higher margin than must pay a tax’’ even though you have the health care law? Yes, but only 18 last year. So as people see the impact no choice. That is the Democrats’ plan percent of people say they were helped of the health care law, as they see the for health care—fine and penalize and by the health care law. impact on themselves and on their tax them, but we are not going to give What I hear repeatedly in Wyoming— families, they are looking at this and them any choice. There is no market- and I assume the Presiding Officer saying: Things are going to continue to place; there is a monopoly. hears in Montana—is that the Presi- get worse because premiums have con- People want and deserve relief, and dent should not have had to hurt this Republicans are offering that kind of many Americans to help people who tinued to go up, copays have continued relief. We are offering relief by saying: didn’t have insurance. Why should they to go up, deductibles have been con- If you live in one of those counties that have hurt people who had insurance to tinuing to go up, and the options are have no choices, the penalties, man- help those who didn’t? That is why this fewer and fewer. What does the administration say law continues to be so unpopular. It is dates, and fines should not apply to about that? Well, the Secretary of a record number. It is not what the you. Health and Human Services, Sylvia The Democrats say: Pay up anyway. President or the Democrats said would Burwell, wrote an op-ed that appeared If you live in a location where the happen with the health care law. What does the President say about in CNN 6 days ago. It was entitled: premiums have gone up over 10 per- the law? He says: Forcefully defend and ‘‘The reality of the health insurance cent, the Republicans say: You deserve be proud. I think that is why we saw marketplace.’’ That is what they called relief from what President Obama and the minority leader on the floor yester- it: ‘‘The reality of the health insurance the Democrats have forced upon you. day saying: Isn’t ObamaCare great? marketplace.’’ She said that all these The Democrats say: Tough. Pay up The minority party whip came to the higher prices people are experiencing anyway. Pay the fine. Pay the penalty. floor on Tuesday, and he said the major around the country—the reason people Pay the tax. aspects of the law are working. That is are saying it is worse for them and The American people deserve relief. what he said. This doesn’t look like a their family and that they have been People around the country are fright- law that is working to me. More Amer- hurt by the health care law—are ened by what they are seeing. They are icans have been hurt by the law than ‘‘growing pains.’’ That is what she frightened by what is happening with have been helped. said—‘‘growing pains.’’ the health care law and the impacts, The Senator from Illinois said that Well, as a doctor who practiced medi- and they can see it getting worse and the major parts of the law, the major cine for 25 years, I can tell you that worse. aspects of the law are working. Well, growing pains generally happen when This didn’t have to happen. It didn’t what are the major aspects? Premiums, something is growing. But that is not have to happen. When the President what people have to pay—but pre- what is happening here. What is actu- wrote this law and had HARRY REID’s miums are going through the roof. In ally happening here is that ObamaCare office behind closed doors—had it writ- Senator DURBIN’s home State of Illi- is shrinking. The ObamaCare ex- ten over in that area, ignoring the nois, the average person in an changes are shrinking. Millions of pleas of the Republicans, ignoring the ObamaCare exchange is going to be Americans will have fewer choices this pleas of the American people, who said paying 45 percent more next year than year when they go to the ObamaCare ‘‘Do not do this to us,’’ the Democrats this year. That is when they select exchanges than they had to buy insur- and the President said they know bet- their plans—November 1. When they go ance last year. In about one out of ter than all of us. to the exchange to see what is avail- every three counties in America, peo- They said: If you like your doctor, able, they are going to find it 45 per- ple are going to be limited to only one you can keep your doctor. That turned cent more expensive than this year. So single ObamaCare coverage choice in out not to be true. it doesn’t seem like the fundamental 2017. They said: If you like your health parts of the law are working. In her op-ed, the Secretary talked care plan, you can keep your health Why did the rates go up? It is because about the ‘‘health insurance market- care plan. That turned out not to be of ObamaCare and the mandates that place.’’ When there is only one com- true. come from a Washington that decides pany selling insurance to one-third of Premiums will drop by $2,500, they it knows what is better for the people the country, that is not a marketplace, said, and that was per year. That than they know themselves. They have that is a monopoly. That is why so turned out not to be true. to buy insurance the President says many people say that they and their This health care law has been very they have to buy, not what they think families have been personally hurt by damaging to so many Americans. might work best for them or their fam- the law and they believe it is going to There are people who need help, but ilies. That is why record numbers say make things worse for their families. the Democrats should not have hurt so ObamaCare has hurt their family. They This Democrats’ health care law is many Americans who had insurance, can’t buy what they want. They are turning the country into an who had something that worked for paying a price that is too high. The ObamaCare wasteland—a wasteland them, who had something they could deductibles are too high. The copays without choices and without opportu- afford, in an effort to help others who are too high. So we hear the stories of nities to make decisions about what is didn’t have insurance. That is why peo- what is happening with ObamaCare. best for you and your family. That is ple are desperately asking for relief

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.024 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5817 from a one-size-fits-all approach with chairman of the Senate Foreign Rela- national norm and cannot be tolerated. Washington mandates, with unelected, tions Committee, the CIA had credible With a laptop, a computer code, and a unaccountable bureaucrats forcing evidence, including Internet protocol KGB penchant to rebuild the Russian more regulations on hospitals, on doc- addresses, linking Cuban agents to Empire, wage Cold War 2.0, and use tors, on nurses, and on nursing homes planted stories in the United States every technological tool to tip the geo- across the board. That is why the and in Latin American publications. political balance in Russia’s favor, we American people say the health care It was reported that those connec- cannot in any way praise Putin or any- law is going to make things even tions were laid out in intelligence re- one else who attempts to influence our worse. ports provided to U.S. Government offi- election process for their leadership. It is very distressing to hear a Demo- cials and sent by secure cables to the We have seen the manifestation of cratic Senator come to the floor and FBI’s Counterintelligence Division. De- Putin’s methods in the latest cyber at- say ‘‘Isn’t ObamaCare great?’’ because spite all of our government’s capabili- tack on the Democratic National Com- the American people know it is not. ties, they supposedly could not find mittee and in a long list of egregious They know they have been hurt, they who was behind the smear. Maybe our conventional interventions, from the have been harmed, they have been government didn’t want to rock the annexation of Crimea to the orches- taxed, they have been penalized, and boat as they were prepared to establish trating of supposed-Russian separatists they have been forced to pay more. relations with Cuba, but you would who shot down Malaysia Airlines They have lost options, lost choices, think that our government would do Flight 17 over Ukraine, his invasion of and lost opportunities because of this everything possible against a foreign eastern Ukraine through the use of ir- law and this administration and the government that was trying to upset regular Russian forces, now his troops way this was passed—without listening the election of a sitting Senator to af- amassing along the Ukraine border, to people from both sides. fect U.S. policy. and his invasion of Georgia not long I think it is time for the Democrats Let’s be clear. In this new digital ago. You can see it in his efforts to un- to stop trying to spin this destructive world of open and accessible personal dermine sovereign Baltic countries law. It is time for them to work with information available to anyone who through broadcasting and cyber efforts Republicans to give the American peo- has the technical savvy to find it and against those governments. ple what they wanted from the begin- use it for nefarious purposes, the elec- We have seen it in his military and political maneuverings to maintain ning. They wanted the care they need tion of anyone in this Chamber is at control of his naval base in the port from a doctor they chose at lower risk. city of Tartus in Syria by intervening, costs, not a health care law that so We need to take a stand in this elec- with Assad, in the Syrian civil war. In many Americans believe is going to tion cycle. We need the administration Syria, Putin has stepped up his support continue to make health care in this to come forward and tell us what they for his friend and dictator Bashar al- country worse. know about Vladimir Putin’s efforts to influence our Presidential election. We Assad. Mr. President, I yield the floor. While its own citizens are suffering need to know what Putin knows, and I suggest the absence of a quorum. severe economic hardships, and while we must find out exactly who is behind The PRESIDING OFFICER. The innocent Syrian civilians continue to it, what they have, and what their pur- clerk will call the roll. suffer under the barrel bombs and mili- pose is. The senior assistant legislative clerk tary campaigns of Assad, Putin con- proceeded to call the roll. It is certainly more than my experi- ence and more than the Republican tinues to provide military and tactical Mr. MENENDEZ. Mr. President, I ask support to this murderous regime, at- nominee’s deplorable admiration for unanimous consent that the order for tacking schools and hospitals with dictators and strongmen. It is about the quorum call be rescinded. cluster munitions and incendiary at- protecting the American political proc- The PRESIDING OFFICER. Without tacks. Further ignoring the basic ess from outside interference and influ- objection, it is so ordered. rights of all people, as Russia sells f ence. Let’s be very clear. I know, from my weapons system to Assad, it refuses to grant asylum or basic humanitarian EXECUTIVE SESSION experience that we cannot underesti- support to Syrian refugees, who are di- mate the tradecraft of seasoned rectly suffering under Russia’s contin- operatives like Vladimir Putin. We cer- EXECUTIVE CALENDAR ued involvement in their country. tainly cannot be naive enough to praise The PRESIDING OFFICER. Under I remind my colleagues that Putin is them for perceived strength and no friend to the United States. His the previous order, the Senate will pro- conflate it with the ruthless abuse of ceed to executive session to consider brand of leadership is to be condemned power. There is a difference between in no uncertain terms and should be de- the following nomination, which the thuggery and strength. clerk will report. nounced in this Chamber and by all re- Let’s be clear. Neither the Cuban sponsible American Presidential can- The assistant bill clerk read the Government, which attempted to nomination of Susan S. Gibson, of Vir- didates. smear me, nor Putin is in any way a He is not a strong leader. He is a ginia, to be Inspector General of the friend of the United States. In Putin’s ruthless dictator who clearly knows his National Reconnaissance Office. case, he is, as my colleague from Ari- tradecraft and has not only hacked The PRESIDING OFFICER. Under zona—who, like me, was sanctioned by into the Democratic National Commit- the previous order, there will be 15 Putin—has publicly called him, ‘‘a tee’s computer files but has capitalized minutes for debate, equally divided in thug and a butcher.’’ He is, in fact, a on whatever business ties Paul the usual form. dictator who has been connected to the Manafort has or had to Russia to woo— The Senator from New Jersey. brutal deaths of his enemies and now seemingly, in effect—an American RUSSIA has shown a willingness to use cyber Presidential candidate who respects Mr. MENENDEZ. Mr. President, I warfare to undermine our democratic strongmen and bravado and effectively rise to take a stand against Russia’s process. He clearly is attempting to recruit him. attempts to tamper with the American shake the bedrock integrity of our po- There is no room in this Chamber or Presidential electoral process and to litical system, as Cuban intelligence in the American political landscape for create chaos in our elections and, at tried to undermine the integrity of my the support of Putin’s actions or lead- the end of the day, to undermine the last election in an effort to prevent me ership. This former KGB agent has a integrity of the results of our election from becoming chairman of the Senate clear purpose in mind. He is engaged in to serve its own purposes. Foreign Relations Committee. a Soviet Cold War style brand of dic- I remind my colleagues that in 2012, From my perspective, the purpose is tatorial actions, including state-spon- I was the victim of such election tam- not only to undermine credibility and sored surveillance, censorship, and re- pering attempts. The Washington Post faith but to create a result that would pression. reported that while I was running for benefit Russia. These actions are be- Just look at the record. Human reelection and preparing to become yond the scope of any acceptable inter- rights groups continue to report that

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.025 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5818 CONGRESSIONAL RECORD — SENATE September 15, 2016 in 2015, the Kremlin’s crackdown on We must respond to Russia’s contin- a manner that is legal, efficient, and civil society, media, and the Internet ued muscle flexing and provocation. I abides by the values of the American took a sinister turn as the government call on the administration for forceful people. The committee requires effec- further intensified harassment and per- and appropriate responses to Russia’s tive and independent inspectors gen- secution of independent critics. Putin’s nefarious and calculated involvement eral to support us in this task. It is my thugs routinely harass anyone and ev- in our elections. It is attacking the expectation that Ms. Gibson will make eryone who dares to question Putin’s U.S. political system in a Putin-led full use of the authorities provided to authority. cold war 2.0, and it is clear this old her as an inspector general. Earlier this year, a vocal critic was KGB spy has no boundaries. So, again, congratulations on Ms. shot dead in front of the Kremlin. Ac- Let’s not let ourselves be recruited Gibson’s well-deserved confirmation to cording to reports from rights groups, by him or confuse strength with ruth- this important position, and I want to last week Russian police harassed, lessness, as some have. It is my hope thank her again on her continued serv- beat, and threatened environmental ac- that every one of my colleagues will in ice to the country. tivists, and Russian state TV published no uncertain terms condemn any at- The PRESIDING OFFICER. The Sen- a smear campaign against these envi- tempt by any nation to influence any ator from Ohio. ronmentalists, calling them American American election as well as Russian Mr. PORTMAN. Mr. President, my spies. The real spying—the dangerous interventionism and Putin’s actions understanding is that we have 7 min- activity—comes from Russia itself. around the world. It was July when Russian hackers With that, I yield the floor. utes left on the Republican side, and I broke into the email servers of the Mrs. FEINSTEIN. Mr. President, ask unanimous consent to use those 7 Democratic National Committee—a today I wish to support Ms. Susan Gib- minutes. clear and blatant attempt to interfere son to serve as the next inspector gen- The PRESIDING OFFICER. Without in our domestic political process. We eral of the National Reconnaissance Of- objection, it is so ordered. know that Russian actors released tens fice, NRO, the first to be confirmed by HEROIN AND PRESCRIPTION DRUG EPIDEMIC of thousands of emails with the inten- the U.S. Senate. Mr. PORTMAN. Mr. President, I rise tion of undermining the Democratic In 2013, the Senate Select Committee today to talk about this epidemic of nominee for President, while, amaz- on Intelligence, which I chaired at the ingly, the Republican nominee seems heroin, prescription drugs, and now time, included in its Intelligence Au- fentanyl and other synthetic heroin. It to encourage it. He encouraged an thorization Act a provision to require international adversary—someone he is devastating our communities. My Senate confirmation of the inspectors home State of Ohio, unfortunately, is clearly admires for his supposed general for the National Reconnais- strength—to hack into the emails in one of those States that has seen the sance Office and the National Security tragedy of this epidemic unfold. The the account of a former American Sec- Agency. Ms. Gibson represents the first retary of State. grip of this addiction has affected nominee to be considered by the Senate every single State in this Chamber, This is not normal political cam- for the NRO position. paign behavior. In my view, it is trea- though. People are talking about it I had the pleasure to meet Ms. Gib- more and more in this Chamber be- sonous, and there are no excuses for it. son earlier this year, prior to the Sen- There is no defending it. There is no cause it is affecting every one of us, ate Intelligence Committee’s open every community. It knows no ZIP reasonable explanation or defending it. hearing which took place on June 7, Every one of my colleagues in this Code. It is in the rural areas, in the 2016, to consider her nomination. I per- Chamber should condemn it. suburban areas, and the inner city. No sonally appreciated our frank discus- Encouraging hacking and govern- community is safe from it. sion for it demonstrated Ms. Gibson’s ment surveillance reeks of Yesterday, I had a coffee—which I do understanding of the role of the inspec- authoritarianism that has no place in once a week—our Buckeye Coffee, and I tor general and the need for principled, our democratic society and threatens had a woman come up to me at the cof- objective, and effective oversight of each and every one of us. It is out- fee whose name is Sheila. Sheila told every aspect of the NRO. rageous that anyone would invite a for- me about her son and her daughter-in- With this confirmation, it will be Ms. eign leader of an adversarial country to law. They had overdosed. They were Gibson’s job to ensure that the NRO re- undermine or threaten any American, unconscious. Luckily, she had mains free of waste, fraud, and mis- let alone a former Secretary of State Narcan—this miracle drug. It is a management, while supporting efforts and Presidential candidate. brand name of naloxone. She was able to drive the organization toward more Putin clearly prefers a candidate who to bring them back to life. efficient and effective operations. I be- is willing to cozy up to dictators, who She then started a group that is all lavishes praise on the leadership styles lieve that Ms. Gibson possesses the ex- tensive experience and background over our State now, which is called of dictators like Saddam Hussein. Families of Addicts. They are in five Someone aspiring to be Commander in necessary to carry out this mission. It is also important that Ms. Gibson different counties. They are focused on Chief, who praises the behavior of lead- the hope of treatment and recovery, ers who murder their own citizens, jail recognizes her responsibility to keep the appropriate Members of Congress but they are also focused on—when journalists who dare to question their Narcan is administered—going to peo- activities, or consistently take actions fully and currently informed about the concerns she may identify at the NRO. ple, intervening with people, getting to isolate themselves from the inter- them into treatment, longer term re- national community, in my view, has I do not want to sugarcoat it, but this is big job. It is a big job, in part, covery, and helping them save lives. I no business seeking higher office. so appreciate her and so appreciate The PRESIDING OFFICER. The Sen- due to NRO’s size and the complexity these other parents like her who are ator’s time has expired. of its mission. Ms. Gibson will be re- Mr. MENENDEZ. I ask unanimous quired to dig deep into some very tech- ensuring that, yes, we save people’s consent for one additional minute. nical and complicated programs, in- lives with Narcan, which is so impor- The PRESIDING OFFICER. Is there cluding some of the most classified and tant, but we also ensure that we are objection? expensive programs. getting people into the treatment they Without objection, it is so ordered. But it is also a big job because it need so they can get back to a produc- Mr. MENENDEZ. Any praise of Putin comes with the extra responsibility of tive life and back to their families. for any reason, a Cold War warrior who conducting oversight of an organiza- This Chamber passed legislation continues to upend international sta- tion in which most activities are con- called the Comprehensive Addiction bility and order, seeking to expand his ducted in secret. The duty to the and Recovery Act, or CARA, earlier rule and control, holds false Duma American public cannot be overstated. this summer. That legislation is now elections in Crimea, stages war games The Senate Select Committee on In- being implemented by the administra- on Crimea’s shores—simulating an in- telligence on which I currently serve as tion. I hope they accelerate that imple- vasion—clearly must raise a red flag to vice chairman is charged with ensuring mentation. They must because the epi- every American voter. the intelligence community operates in demic is so urgent, but, unfortunately,

VerDate Sep 11 2014 04:45 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.026 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5819 that legislation, which was written these synthetic drugs coming into our NOT VOTING—7 over the last 31⁄2 years, doesn’t address country through the mail system. I ask Ayotte Kaine Vitter one specific issue that I think must be my colleagues to support it—with 92 of Boxer Moran addressed now in the context of what is us supporting that legislation—and Johnson Sanders happening in my State of Ohio and please look at this legislation. Let’s The nomination was confirmed. around the country, because it is not support it, get it to the floor, get it to The PRESIDING OFFICER. Under just prescription drugs and not just a vote, and let’s begin saving more the previous order, the motion to re- heroin. Increasingly, it is this syn- lives as we have to deal with this new consider is considered made and laid thetic heroin called fentanyl or wave of synthetic heroin coming into upon the table, and the President will carfentanil and sometimes U–4. This is our communities. be immediately notified of the Senate’s action. poison and it is getting into our com- I yield back my time. munities. It is much more powerful f The PRESIDING OFFICER. All time than heroin. Ingesting just a few flakes has expired. LEGISLATIVE SESSION of it can kill a human being. We have seen huge spikes in The question is, Will the Senate ad- The PRESIDING OFFICER. Under overdoses in Ohio over the last couple vise and consent to the Gibson nomina- the previous order, the Senate will re- of months. In my hometown of Cin- tion? sume legislative session. cinnati, we had 174 overdoses in the Mr. ALEXANDER. Mr. President, I The Senator from Alaska. space of 6 days. Miraculously, most ask for the yeas and nays. f people were saved by Narcan but some- The PRESIDING OFFICER. Is there a REMEMBERING THE VENERABLE times having to be administered four sufficient second? NORMAN H.V. ELLIOTT or five or six times. The authorities There appears to be a sufficient sec- Ms. MURKOWSKI. Mr. President, it knew it wasn’t just heroin, and sure ond. seems I am coming to the floor of the enough, we were able to get a sample of Senate on an increasingly frequent carfentanil to them thinking that The clerk will call the roll. basis to honor the pioneering men and might be the problem. They tested it, The assistant bill clerk called the and sure of enough, many of these roll. women who arrived in the State of overdoses were caused by this syn- Alaska prior to statehood who truly Mr. CORNYN. The following Senators have left a lasting impression on the thetic heroin which is 100 times strong- are necessarily absent: the Senator er than heroin in some cases. By the history of the 49th State. from New Hampshire (Ms. AYOTTE), the Today I rise to remember the Vener- way, it is a large animal tranquilizer Senator from Wisconsin (Mr. JOHNSON), able Norman H.V. Elliott. Father El- used for elephants in zoos. Yet these the Senator from Kansas (Mr. MORAN), liott was an Episcopal clergyman who traffickers and pushers are using this and the Senator from Louisiana (Mr. arrived in Alaska in 1951. He was truly drug and not just causing overdoses but VITTER). a profound spiritual force in Alaska causing overdose deaths. Further, if present and voting, the We need new legislation. Last week, from the day he arrived in our State we introduced legislation in this Cham- Senator from New Hampshire (Ms. until his death on Friday, September 9 ber to be able to stop this fentanyl, AYOTTE) would have voted ‘‘yea’’. of this year. Father Elliott passed at carfentanil, U–4, and these other syn- Mr. DURBIN. I announce that the the age of 97. To say he lived his life to thetic drugs from coming into our com- Senator from California (Mrs. BOXER), the fullest would be a huge understate- munities. the Senator from Virginia (Mr. KAINE), ment. What we were told by the authorities and the Senator from Vermont (Mr. Father Elliott lived a life as big as is, the drugs come in by way of the SANDERS) are necessarily absent. the State of Alaska. As we reflect upon mail system primarily from China and I further announce that, if present that life, it would be no overstatement sometimes India. There are chemists in and voting, the Senator from Virginia to characterize Norman Elliott as a sophisticated laboratories in these (Mr. KAINE) would each vote yea. true Alaskan icon. Father Elliott was born in England. countries sending this poison into our The PRESIDING OFFICER. Are there community. All we are asking for in He moved to Detroit, MI, when he was any other Senators in the Chamber de- 4 years old, and according to the sto- our legislation is let’s ensure that siring to vote? packages coming from those countries ries, he decided very early on, about The result was announced—yeas 93, have the information provided so we middle-school age, that he wanted to nays 0, as follows: know where they are coming from, enter the ministry. where they are going, and what the [Rollcall Vote No. 142 Ex.] That future was somewhat inter- rupted by World War II. Father Elliott contents are. Unbelievably, that is not YEAS—93 was drawn to military service, and required now. FedEx, UPS, and other Alexander Fischer Murray private carriers require it, but our mail Baldwin Flake Nelson after considering the possibility of system, including our U.S. mail sys- Barrasso Franken Paul joining a Canadian Forces battalion in tem, does not require it. Talking to law Bennet Gardner Perdue neighboring Windsor, Ontario, he chose Blumenthal Gillibrand Peters the U.S. Army instead. He was assigned enforcement, including Customs and Blunt Graham Portman Border Protection, DEA folks, and the Booker Grassley Reed to a new experimental light infantry people who are in the trenches dealing Boozman Hatch Reid division which was patterned after a Brown Heinrich Risch German light division. After training with this issue, all agree this legisla- Burr Heitkamp Roberts tion makes sense so we can try to stop Cantwell Heller Rounds in the swamps of Louisiana and Cali- some of this poison from coming into Capito Hirono Rubio fornia’s mountains, he was deployed to our communities. Cardin Hoeven Sasse Europe. Initially deployed to France, Carper Inhofe Schatz he fought in Luxembourg and Ger- I have been on this floor every single Casey Isakson Schumer week since our legislation came up Cassidy King Scott many. back on March 10. I have been talking Coats Kirk Sessions I had an opportunity to come to about the importance of getting legis- Cochran Klobuchar Shaheen know Father Elliott very well over the Collins Lankford Shelby years. Several years back, he agreed to lation passed, and that has now hap- Coons Leahy Stabenow pened. I have been talking about the Corker Lee Sullivan sit for an interview as part of our Vet- importance of implementing it quick- Cornyn Manchin Tester erans Spotlight series. This is an oral ly, and that is now happening. The Cotton Markey Thune history project I sponsored to capture Crapo McCain Tillis Comprehensive Addiction Recovery Cruz McCaskill Toomey the stories of Alaskan veterans. We Act was supported by an amazing 92-to- Daines McConnell Udall worked in conjunction with the Vet- 2 vote in this Chamber because every Donnelly Menendez Warner erans History Project at the Library of Durbin Merkley Warren Congress. In that interview, Father El- State is affected. Enzi Mikulski Whitehouse I believe we need to do even more Ernst Murkowski Wicker liott talked about the realities of the with regard to the specific issue of Feinstein Murphy Wyden war. He said:

VerDate Sep 11 2014 04:45 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.027 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5820 CONGRESSIONAL RECORD — SENATE September 15, 2016 I remember good times. I remember bad All Saints Episcopal Church, a beau- SENATE ACCOMPLISHMENTS times. I remember times where I barely es- tiful church in downtown Anchorage. Mr. CORNYN. Just a few moments caped by the skin of my teeth. You never for- Father Elliott officially retired in 1990 ago, the Senate passed a piece of legis- get. I remember, and there are things I wish when he reached the age of 70 in ac- I had done or didn’t do. I hope that as a lation that some might ask: Well, what whole, Alaskans remember what we did, be- cordance with the church rules. is the big deal? The Water Resources cause as a Nation, we are losing our remem- That might be the end of the story Development Act—what we call around brance of World War II. there, but it is hardly the story for Fa- here WRDA by the acronym—this bill Well, Father Elliott never let us for- ther Elliott. Two years after his retire- is enormously important for States get our veterans, whether it was our ment, All Saints needed a replacement like North Dakota, places like Texas veterans who fought honorably in priest, and he came out of retirement that have experienced flooding, in par- World War II or the returning men and to serve as something called a priest in ticular, but this bill will help us main- women who are coming back from Iraq charge and continued to serve until tain and expand our infrastructure re- and Afghanistan. earlier this year. lated to our most precious natural re- Father Elliott’s history after the war Father Elliott was one of those who source, and that is water. took him to Alaska. He attended Vir- was everywhere. He was at every social Like I said, that might sound a little ginia Theological Seminary. He in- gathering. He was at every wedding, boring, not particularly interesting, tended to serve as a missionary in every funeral, baptisms, everything in but it actually has a lot of relevance to India. There wasn’t a slot available between. He would visit those in the every American. Like I said last week, there for him, but there was one in hospital. At times he would stay all this legislation includes provisions Alaska. Father Elliott ended up in night. He had this uncanny sense of that will help my constituents in Texas Alaska. His first stop was at St. Mark’s knowing when they were in the hos- in a number of ways, from drought and Episcopal Mission in Nenana, a church pital because he was very often the flood protection to carving out deeper and boarding home for Native children. first one to visit. ports to enhance our ability to do Then he went to St. Barnabas’s Mission international trade, but the passage of Father Elliott ended up in the hos- this bill serves as another example of in Minto and St. Stephen’s Mission in pital earlier this year. He was down Fort Yukon. Over time, his responsibil- what can happen when the Senate is with pneumonia. It was a bit ironic. I actually working the way it is sup- ities expanded to missions throughout went to visit him. He was really pretty the Gwich’in communities on the posed to. grumpy. He was grumpy because he I am not going to suggest to you that Upper Yukon—communities such as knew the hospital in and out, but he just because the 2014 election gave Re- Eagle, Circle, Chalkyitsik, Arctic Vil- didn’t like being the one who was con- publicans the majority in the U.S. Sen- lage, Venetie, Beaver, and Stevens Vil- fined in the bed. He was grumpy be- ate that automatically made it pos- lage. To cover this very large territory, cause he had places to go and people to sible for the Senate to begin func- Father Elliott would often travel by see. As I recall, he had a funeral to go tioning again, but the fact is, leader- dogsled. He became a pilot and flew his to and a wedding to go to, and when he ship does make a difference. I know it own aircraft. I think he called his yel- got out of the hospital, he resumed was absolutely key to Majority Leader low plane the ‘‘Drunken Canary.’’ that active schedule. MCCONNELL’s agenda that we would ac- Father Elliott was truly ‘‘as unique I have remarked often that Father as Alaska itself,’’ in the words of one of tually work in the committees to build Elliott lived every day to its fullest, consensus on legislation, and then they his parishioners. from the time he woke up in the morn- His duties in the villages were hardly would come to the floor and people ing until the time he went to bed at would have an opportunity to offer romantic. Father Elliott was forced to night, and his is a life well lived. confront the dual scourge of alcohol amendments and other constructive Last week, Father Elliott passed abuse and suicide and the loss of faith suggestions and we would work until away, and that, I am afraid, is the end that comes along with despair. As a we built that consensus and accom- of his story—at least the end of the member of a joint Federal-State Com- plished our goal of passing legislation. story as we know it here on this Earth. It is worth reminding our colleagues mission on Alaska Natives in the 1990s, Father Elliott served his church, his that the Senate, under Senator MCCON- he encouraged a shift in government Nation, and his community with great NELL’s leadership, passed the first bi- policies toward Native people. Instead distinction, and his was indeed a life cameral budget that we have passed of the government doing for Native that was well lived. since 2009 and the first balanced budget people and doing things perhaps poorly, since 2001. Under a Republican-led Sen- he believed the Native people them- I have so many wonderful memories ate, all 12 appropriations bills were ap- selves needed to be heard. He was an of my friend Father Norman Elliott, proved by their respective subcommit- incredible advocate in so many ways. and that will sustain me, but I cannot tees and by the Appropriations Com- He was more than your village priest, help but observe that with Father El- mittee itself. As the Presiding Officer though. In various villages, Father El- liott’s passing, another of Alaska’s knows, the only way that happens is liott would come in and do whatever great and mighty trees has fallen. for the chair and the ranking member task was needed. I will be in Alaska this weekend and of the appropriate Appropriations sub- In an article in our local newspaper, on Monday will have an opportunity to committee to work together on a bi- the Alaska Dispatch, just a couple of join with Alaskans from around the partisan basis and then work with col- days ago, it was reported this way: State in paying a tribute to a man who truly lived a life of service to others, leagues on the whole Appropriations [Father] Elliott did every kind of task—he Committee to come up with legislation was a policeman, a tax collector, a school- who truly cared in a way that goes al- teacher, a delivery person and a messenger. most beyond description. I stand with they will support or that an over- When he arrived in one village to do church my colleagues and ask that we join in whelming majority—in some cases services, he first vaccinated everyone for ty- prayers for Father Elliott and the fam- unanimously—of the committee sup- phoid. He usually carried penicillin in his ily of truly a great Alaskan. ports. sled bag, giving anyone who needed it an in- This is the first time since 2009 that jection in the rump, including any sick dogs With that, Mr. President, I yield the we have actually seen all 12 appropria- in his team. floor. tions bills approved by the subcommit- Now, that is an individual who cared The PRESIDING OFFICER (Mr. tees and then by the entire Appropria- for everyone in whatever the capacity. HOEVEN). The Senator from Texas. tions Committee. That is the good After being in the remote interior of Mr. CORNYN. Mr. President, I wasn’t news. the State, Father Elliott’s next assign- expecting to be on the floor when the The bad news is, our Democratic col- ments were in relatively urban corners Senator from Alaska was talking about leagues wouldn’t let us proceed with of Alaska. In 1958, Father Elliott Father Elliott. What a great story, and actually voting on those appropria- moved to Southeast Alaska where he what a great life he lived. I am glad I tions bills to get them done one at a served at St. John’s Church in Ketch- happened to be here and had a chance time, in a transparent sort of way, ikan. In 1962, he settled in as rector at to listen. where we would be held accountable for

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In fact, we were on Aviation Administration—pretty darn NELL has worked hard to try to bring track to funding the government the important if you happen to fly. bills to the floor that did enjoy bipar- way we were supposed to, bill by bill. We passed another piece of important tisan support and, to the extent pos- In spite of the filibuster on the appro- legislation called the POLICE Act to sible, to make sure everybody had a priations bill, we have been able to find support our local law enforcement offi- chance to participate in the process. It consensus on a number of other impor- cials and to make sure they get the is that sort of vision and that sort of tant pieces of legislation. This is legis- training they need to respond to an ac- pragmatism which has brought us this lation that will help American fami- tive shooter situation—something record of success. I hope we continue to lies, strengthen our economy, and help that, sadly, more and more police find do that in the time we have left be- keep the American people secure. Im- themselves confronted with these days. tween now and the election and then portantly, these were bills that We also had a tremendous vote—99 to when we return after the election to furthered what I believe to be the ap- 0—in the Senate on a bill called Justice work together. I know it is tough work. propriate philosophy of the govern- for Victims of Trafficking Act. I have It is frustrating. But it is worthwhile, ment; that is, Washington does not al- said many times that sadly the profile and it is worth doing. ways know best, and that power needs of a victim of human trafficking is a I don’t see anybody ready to speak. to be devolved from the Federal Gov- girl between the ages of 12 and 14 years I suggest the absence of a quorum. ernment in Washington back down to old, many of whom run away from The PRESIDING OFFICER. The the States and back down to individual home, only to find themselves living a clerk will call the roll. citizens. life of literally modern-day slavery. The senior assistant legislative clerk For example, we passed the first This legislation was designed to make proceeded to call the roll. major education reform bill since No sure there were more resources avail- Mr. CASEY. Mr. President, I ask Child Left Behind, a piece of legisla- able to help rescue those victims of unanimous consent that the order for tion called the Every Student Succeeds human trafficking and to better equip the quorum call be rescinded. Act. This bill does exactly what I just law enforcement to track down their The PRESIDING OFFICER. Without described. Under the chairmanship and captors. objection, it is so ordered. the leadership of Senator ALEXANDER We also passed legislation that pro- Mr. CASEY. Mr. President, I ask and Ranking Member MURRAY, what motes a more transparent and open unanimous consent to speak in morn- this legislation did was it transferred government and protects intellectual ing business. more power with regard to public edu- property rights, just to name a few. The PRESIDING OFFICER. The Sen- cation, K–12, from Washington back to Again, these may seem like small ate is in morning business, and the the States and back to parents and things in isolation, but they represent Senator is recognized for up to 10 min- teachers—people who actually under- a major change in the way we do busi- utes. stand best what the educational needs ness here in the Senate—actually f of their students are and how to make working together on a bipartisan basis sure they achieve their potential. to solve problems and to get legislation STOP TERRORIST OPERATIONAL We also passed the first multiyear on the President’s desk and have him RESOURCES AND MONEY ACT highway bill since 2005. Why is that im- sign it. Now, you won’t read very much Mr. CASEY. Mr. President, I rise portant? Well, if you come from a fast- about that because the news covers today to discuss the issue of terrorism growing State like mine, a big State, conflict. That is just the nature of the financing, especially with regard to the the quality of highways and bridges are beast. When we fight like cats and terrorist group ISIS, known by some as pretty darn important—not only im- dogs, it is all over the newspapers and ISIL, or other terminology referring to portant to public safety, they are im- on the Internet and on TV, but when ISIS itself. portant to the environment and they we actually appear to be doing the Just days ago, we marked the 15th are important for the economy. But work the American people sent us here anniversary since the terrorist attack this is the first time we passed a to do, frankly, it is not particularly on our country on September 11, 2001. multiyear highway bill since 2005. As I newsworthy, sadly enough. At the time, the United States had a said, this legislation will help us main- We have other important work that fundamentally different understanding tain and build our infrastructure so we is still outstanding as the Senate con- of terrorist groups, their ideologies, can keep up with economic and popu- tinues to make progress on a con- and their operations. lation growth and make the most of it. ference report on the Energy Policy In the years since, our national secu- It will also provide certainty to our Modernization Act, a bill this Chamber rity apparatus has grown and adapted, States and communities so they can passed months ago thanks to the lead- responding to evolving threats and actually plan for the future. As long as ership of Senator MURKOWSKI of Alaska prioritizing the fight against terrorism we were passing 6-month or yearlong and Ranking Member CANTWELL. We and violent extremism. Transportation bills, there was no way also are close to finishing up our work For example, prior to 9/11, the De- they could do long-term planning, on the National Defense Authorization partment of the Treasury was not as which is more efficient and more cost- Act. This is the major defense author- significant in our fight against ter- effective. ization bill that has been passed out of rorism as it is today. An act of Con- We also have done other important the Senate every year for more years gress established the Treasury Office of things. We passed trade promotion au- than we can remember. Then the work Terrorism and Financial Intelligence thority—working with the President— we have to complete this week and in 2004. Since then, this office has that defines the parameters of what next is to find a way to keep the gov- grown into an essential component of Congress and the White House would ernment up and running and provide our counterterrorism work. They are agree to when it comes to trade agree- resources to communities to fight the charged with the task of cutting off the ments. I know ‘‘trade’’ has kind of be- Zika virus and to prevent the horrific financial resources that terrorist come a little bit of a dirty word lately birth defects that unfortunately are groups need to survive. in Presidential politics, but I can tell part of that disease. The terrorist group ISIS presents you, in my State we see the benefits of I point out these accomplishments in challenges, a whole new set of chal- our international trading ability every an effort to just remind our colleagues lenges. Similar to Hezbollah, ISIS is day. Six million jobs depend on bina- and anybody who happens to be listen- part terrorist group, part army, and tional trade with Mexico alone, and ing that we do try—not all the time part criminal syndicate fueled by a

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.031 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5822 CONGRESSIONAL RECORD — SENATE September 15, 2016 hateful ideology and controlling com- which confirmed this assessment. That ISIS munities in Syria and Iraq. We know is why I believe we need a more robust, Mr. CARPER. Mr. President, you of- that ISIS has sacked banks and still permanent, international architecture tentimes draw the short straw and profits from the illicit sale of oil, an- for countering terrorist financial net- have to preside while I am speaking, tiquities, and other items through the works. and you can probably give some of black market while extorting the civil- In June, I introduced the Stop Ter- these talks as well as I can, but I am ians under their control. ISIS uses this rorist Operational Resources and going to go back and talk about some- funding to conduct terror attacks and Money Act—the so-called STORM thing I have discussed every couple of control territory in both Syria and Act—with Senator JOHNNY ISAKSON, weeks—not so much during our 7-week Iraq. They use it to buy more weapons, and this is but a first step. This bill recess but certainly before and subse- ammunition, and components for im- provides a strong set of tools to compel quent to that as well. What I have been greater cooperation from partner na- provised explosive devices known as doing is providing an update for our tions. IEDs. They use it to pay salaries for colleagues on what is going on in a fighters and develop propaganda mate- The STORM Act authorizes a new designation by the President called part of the world we have a lot of inter- rials to spread their hateful ideology. est in, including Iraq, here; Kurdistan, In August of 2014, I joined with Sen- ‘‘Jurisdiction of Terrorism Financing Concern,’’ which can be triggered ei- here, which is part of Iraq; Turkey in ator RUBIO, urging the administration the north; Syria, which is right here to to prioritize stopping ISIS’s financial ther by a lack of political will by a country or a lack of capacity to take the west of Iraq; and Iran is over here. support. Soon after, the President an- on this problem. Some countries have We have the Mediterranean Sea right nounced his comprehensive strategy to the capacity to make meaningful here. degrade and defeat ISIS. progress but lack the political will to I just want to hearken back to 2 Already, we have seen that the do so. I believe we should levy tough years ago when the folks from ISIS United States and coalition efforts, in- penalties that make countries recon- were rolling through this part of the cluding airstrikes on oil trucks and sider their willful ignorance or tacit world hellbent on getting to Baghdad. cash storage sites, have had a meaning- acceptance of terrorist financiers car- Baghdad is right here, right down here, ful impact on ISIS’s finances. For ex- rying their country’s passports or oper- not too far from Iran. They had made ample, in recent months, ISIS has had ating in their territory. The penalties extraordinary progress, killing a lot of to reduce the salaries they pay their under the STORM Act include suspen- people along the way, taking a lot of fighters. Our airstrikes have also taken sion of security or development assist- prisoners, a lot of them women as sex key ISIS leaders, including their fi- ance, blocking of arms sales, and prisoners, and slaughtering a lot of nance minister, off the battlefield. blocking loans from the IMF or the people, with mass graves and a large Just yesterday, Deputy Secretary of World Bank. amount of carnage. They were able to State Tony Blinken reported signifi- With some countries the challenge is scare off the Iraqi Army. In many cant progress on rolling back ISIS’s a basic lack of capacity. The United cases, the Iraqis turned tail and ran. control of territory. In April, Maj. Gen. States is well equipped to provide tech- Their leadership ran too. In fact, their Peter Gersten, Deputy Commander of nical assistance and capacity building. leadership may have actually run be- the Combined Joint Task Force, Oper- We have done this before on the issue fore the rank-and-file troops, heading ation Inherent Resolve, said: ‘‘ISIS’s of nuclear nonproliferation. The this way, back toward Baghdad. Fi- ability to finance their war through oil STORM Act authorizes the administra- nally, when the folks of ISIS were sort refineries has been destroyed.’’ That is tion to do the same with countering of knocking on the door just west of what it says right here. Their ‘‘ability terrorism financing. Baghdad, they were slowed and to finance their war through oil refin- Lastly, the STORM Act authorizes stopped. eries has been destroyed.’’ This is a sanctions against financial institutions What has happened in the last sev- very significant step, since ISIS was that do business with ISIS. This sends eral months? There has been a big heavily reliant on this source of in- a signal that banks need to be vigilant change in the momentum of the battle. come. in ensuring that they do not facilitate Now it is not just Iraq on its own in The President also recently signed ISIS’s financial operations. this fight; Iraq is joined by a coalition into law my bill, the Protect and Pre- In the years since 9/11, terrorist of roughly 60 nations, of which the serve International Cultural Property groups have become ever more sophis- United States is the leader. Our job is Act, which helped ensure that the ticated in the way they finance their not to provide boots on the ground in United States is not a market for an- operations. We have to respond in kind, Iraq or in Syria; for the most part, our tiquities looted from Syria. This is im- and it is right to expect all our part- job is to provide intelligence support. portant because a report by the ners to do the same. Our job is to provide air support—fixed- CultureUnderThreat Task Force stated The bipartisan STORM Act sends a wing, rotary-wing, unpiloted aircraft, that ISIS may try to increase—in- very clear message. If you fail to pull drones—and our job is to provide train- crease—its antiquities trafficking ac- your weight when it comes to ter- ing, support, and advice to the folks tivity as other revenue streams, such rorism financing and cutting it off, who are doing the fighting. as oil sales, are cut off. there will be consequences. If you want This is a province just west of Bagh- ISIS is rewriting the rule book on to improve your record, the United dad called Anbar Province. We have all how terrorist groups work. Despite the States is here to help you. heard of it. This area right here—west loss of territory in both Syria and Iraq, I urge my colleagues to support the of this whole area is considered the it continues to cultivate its affiliates STORM Act as an element of our fight Sunni Triangle because the lion’s share against ISIS and a step toward building in northern and western Africa, Cen- of the folks who live in this part of Iraq a more robust, international architec- tral Asia, and other parts of the Middle are Sunni. There are particular cities ture to stop terrorism financing in the East. It continues to sow the seeds of they live in. One is called Fallujah. A long run. terror in neighboring countries such as I yield the floor. member of my staff was wounded and Turkey, Saudi Arabia, further afield in Mr. President, I suggest the absence almost killed in Fallujah a few years Europe, Africa, and, of course, here in of a quorum. ago. There is Ramadi and a place called the United States. ISIS has figured out The PRESIDING OFFICER. The Tikrit. Tikrit, right up here, is where how to operate outside of the inter- clerk will call the roll. Saddam Hussein was from. All these national financial system, lessening The senior assistant legislative clerk areas were taken over by ISIS a couple the impact of our banking sanctions proceeded to call the roll. of years ago. They have been driven that we have relied upon before. We Mr. CARPER. Mr. President, I ask out of those cities and out of this part may be able to defeat ISIS, but the unanimous consent that the order for of Iraq. problem of terrorist financing will stay the quorum call be rescinded. The folks who have been doing most with us. The PRESIDING OFFICER (Mr. CAS- of the fighting on the ground—their ab- I took a trip in February to Israel, SIDY). Without objection, it is so or- breviation is CTS, which, as I recall, Qatar, Saudi Arabia, and Turkey, dered. stands for Counter Terrorism Service.

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.035 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5823 We are providing support for them, but has actually been destroyed by air- much cut off access to the Turkish bor- they are actually the boots on the strikes—literally, cash on fire. I don’t der. That is an encouragement. I think ground. know if it is half, but it is a lot of the I mentioned the last time I was on the The next province here in this coun- money, and ISIS’s ability to realize floor that 2 years ago maybe 10 Ameri- try is to the northeast. It is on the bor- more revenues by virtue of oil and by cans a month were coming to this part der here with Kurdistan, and it is a selling oil on the black market has of the world to join ISIS and to fight. town called Mosul. It is not a town, it been significantly reduced. The idea Today, that number is probably down is a city, and there are about 2 million there is to starve them and reduce the to one per month, one every 2 months. people living there. That is the second ability for reinforcements to come in We are encouraged by that. largest city, right behind Baghdad, from the north and at the same time to In cyberspace, I understand there are that is still in the hands of ISIS. take away their ability to make money over 360,000 pro-ISIS twitter accounts Sometime later this year or early and use that money to pay their troops that have been taken offline this year. next year, we expect to see a full-scale and buy things that they and their Let me say that again. In cyberspace, movement by the coalition—led again forces need to wage a successful war. over 360,000 ISIS twitter accounts have by the Iraqi forces themselves—to So that is a little bit about what is been taken offline over the past 12 move on Mosul. There is a town here— going on in that part of the world. I months. For every pro-ISIS twitter ac- there is actually a base here about 50 will mention a couple of other pieces. I count, there are now six anti-ISIS ac- miles southwest of Mosul called don’t think we have Libya on this map. counts criticizing and challenging Qayyarah, and it is a big Air Force Libya is over here, a little to the west ISIS’s twisted theology. For a while, base, and that was taken maybe a and to the south. Imagine it is some- the ISIS fighters continued to take month or so ago by the Iraqi forces where over here—probably over here, their hits on the battlefield and had a with our support. There is not only a but we get the drift. good spanking applied to them, but base there, there is a town that goes When ISIS is being driven out of this they were still doing well on social with it called Qayyarah, and that town part of the world—out of Iraq and media. Not so much anymore. As it is now in the hands of the Iraqis, and Syria—where do they go? About 50,000 turns out, as they move over to places the folks from ISIS have been driven have been killed, over 100 to 200 of their like Libya and try to set up a out of Qayyarah. It was really the last top leaders, including the No. 2 guy minicaliphate, we have shown that major city or town between Baghdad who was killed I think last week. isn’t going to work either. and Mosul that was in the hands of Frankly, some are packing up and So on balance, this is going in the ISIS. going home. They see the writing on right direction. It is not time to spike Now we come across the northern the wall. the football. It is a pretty good coali- part of Iraq over into Syria again to a Others are going to different coun- tion working together, and we are place called Manbij. This is a pretty tries. Libya is one of the places ISIS starting to hit on all eight cylinders. good size city. It is very close to the has headed. They settled into a place I would just say to our troops and to Turkish border. There is another town called Sirte, a big seaport town. We those who are part of the coalition, as here on the Turkish border with Syria have had a heavy focus working with we say in the Navy when people do a called Jarabulus. These two places the Libyan forces to take back Sirte, good job, ‘‘Bravo Zulu.’’ We are not were in the hands of ISIS until very re- and a week or two ago the last portion going to spike the football yet, but cently. They served almost as a gate- of Sirte was recaptured. I think that is things are very much encouraging. We way, almost a free flow of ISIS troops, another positive development. are grateful for everybody who has soldiers, or reinforcements coming We have terrorist groups in the Medi- helped to make that possible. across the border with Turkey and terranean and the Persian Gulf. And Mr. President, I yield the floor. through Jarabulus and down by through the air and with aircraft as- The PRESIDING OFFICER. The Sen- Manbij. Both those cities are now in signed to the carriers, we have been ator from Montana. the hands of forces that are in alliance providing that support. The Turks have f with our coalition. been good about giving us access to one There is a place here—not as big as or more of their bases, so we have the BLACKFEET WATER RIGHTS Mosul—called Raqqa that is still in the ability to fly aircraft out of there and SETTLEMENT ACT hands of ISIS. They think of it as the provide air support for the coalition Mr. DAINES. Mr. President, today is spiritual center of their caliphate. My forces that we have. a good day for Montana and the Black- guess is that sometime next year, after One of the other ways that ISIS has feet people. Mosul has been taken, full attention been very effective in waging this war, With the passage of the Water Re- will turn to Raqqa. There will be coali- aside from the actual fighting on the sources Development Act, the Black- tion forces coming in from the south- battlefield, is fighting that does not feet Water Rights Settlement Act is west and folks who we are fighting occur on a battlefield and is not the one step closer to the President’s desk. with in the northeast, and that will be kind of battle that you win with guns Today’s action marks the first time the next big battle. and bullets and rockets and missiles, the compact has passed the Senate In the meantime, since the last time but it is the kind of fight that goes on after being introduced four times since I spoke on the Senate floor, a lot of through the Internet and through so- 2010. land that ISIS had taken has been re- cial media. These guys are pretty good Today, for the first time, this impor- taken. It was less than 50 percent, and at that. They are not 12 feet tall on the tant legislation came to the Senate for now 50 percent or more of the land that battlefield, as it turns out. We are ca- a vote and it passed. I, along with my ISIS previously held has been retaken. pable of degrading and destroying colleague Senator JON TESTER, worked Again, this is not just the United them, as the President likes to say. hard to make sure it made it through States. We are playing a constructive But the ability to actually take them this time. The settlement is long over- role, but the coalition and the Iraqis down on the Internet through social due and will not only establish the themselves—some who ran from ISIS— media has been more challenging. tribe’s water rights but will also facili- don’t run anymore. We were very much Before I get into that, though, I tate real, tangible benefits for the encouraged by the courage they have think the last time I spoke here, I men- Blackfeet and surrounding commu- shown. tioned that 2 years ago some 2,000 for- nities. Among the other things that ISIS eign fighters per month were coming in The bill will improve several Federal took, aside from land, was oil—oil re- to this part of the world to be part of water structures that are some of the serves—and they turned that into the ISIS team—2,000 a month. The last oldest and most in need of repair in the money. They captured banks. They time I reported, I said that number was country and will help irrigate some of went right into the treasuries of the down to 200 a month. Today, we know the most productive farmland in our banks and safes and vaults and stole a that number is down to 50 a month. State. The Blackfeet Water Rights Set- lot of money—hundreds of millions of Part of it is because Jarabulus and tlement Act also balances the need of dollars. A fair amount of that money Manbij and other towns have pretty the State and the local community.

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.036 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5824 CONGRESSIONAL RECORD — SENATE September 15, 2016 The Blackfeet Indian Reservation is lo- responded to a call to bring a wanted er. His achievements made a mark on cated adjacent to Glacier National robbery suspect into custody. Officer Indiana and on our country that can Park and is some 1.5 million acres in Brackeen attempted to arrest the sus- still be felt today. size. There are 17,000 enrolled tribal pect. The suspect resisted and opened John was born a Hoosier in 1927 in members, about half of whom live on fire, critically wounding Officer Mishawaka, IN, to a Greek immigrant the reservation. Brackeen. who ran a restaurant and to an Indiana This water settlement also upholds The people of North Carolina and native who worked as a schoolteacher. agreements by the State that will citizens from across the Nation prayed John Brademas was a star quarterback, strengthen irrigation for neighboring for Officer Brackeen and his family as and he was the valedictorian at South farmlands. We call that Montana’s he received treatment. Unfortunately, Bend Central High School. Golden Triangle. It is where my great- on Monday, we heard the tragic news After high school, he served in the great-grandmother homesteaded be- that Officer Brackeen, only 38 years U.S. Navy and in the naval officers’ cause of its wheat production. old, had passed away. training program at the University of I commend the Blackfeet Tribe and When we lost Officer Brackeen, we Mississippi. He graduated from Harvard Chairman Harry Barnes, who have been lost more than a dedicated K–9 officer University, and he received a Rhodes diligent and patient in seeing this set- who had served the Shelby Police De- Scholarship to Oxford University in tlement forward. I commend our State partment for 13 years. Above all else, England, where he earned his doc- for its commitment to the Blackfeet we lost a devoted husband to his wife torate. Tribe and Indian Country in Montana Mikel and a loving father to his 4-year- In 1958, Dr. Brademas was elected to and my colleague Senator TESTER for old daughter. He was well known as a the U.S. House of Representatives to working with me on this bill. I am loving family man and was deeply re- the then-Third District of Indiana, proud to get this through the Senate spected and admired for the dedication where he served with incredible dis- and will continue to fight for its enact- he had to the department and the com- tinction for 22 years, until 1981. In Con- ment. munity which he served. Many had the gress he was always working, always f chance to meet Officer Brackeen dur- pushing to make life better for Hoo- ing a class or seminar he held with his siers and for all Americans. OBAMACARE K–9 partner called Ciko. He was hon- His colleague, Representative Frank Mr. DAINES. ObamaCare—it is still a ored as Shelby police officer of the Thompson said: train wreck of broken promises. Presi- year in 2012. He never stops. He’s incredibly bright, dent Obama promised that the cost of For anyone in this country who has works terribly hard, and is able to translate premiums would go down by $2,500 per ever had a trace of doubt over the true that brightness into very pragmatic legisla- family. But just yesterday, Montana’s character and motivation of the vast tive ability. insurance commissioner announced an majority of brave men and women in Dr. Brademas was a leading and ef- average premium increase of 58 percent law enforcement, Officer Tim Brackeen fective legislator on issues involving for Montana’s largest provider on the was exactly the kind of officer who schools, colleges, and universities, exchange. And not only have premiums would instantly erase any of those services for the elderly and the dis- not gone down, the coverage that peo- doubts when you met him. abled, and for libraries, museums, the ple get from it is unaffordable and un- As Officer Brackeen’s family, friends, arts, and humanities. It earned him the usable. and colleagues mourn this tragic loss, I recognition as ‘‘Mr. Arts’’ and ‘‘Mr. With some deductibles at or above hope they find comfort in knowing that Education.’’ He helped lead the suc- $9,000 per family, middle-class families his death was not in vain. The out- cessful charge to establish the National are being priced out of the market, all pouring of love that we have seen in his Endowment for the Arts and the Na- the while paying for a policy they sim- honor has been tremendous. tional Endowment for the Humanities. ply can’t use. Now plans are also re- On the night of Officer Brackeen’s He served as a member of the Com- stricting provider networks and elimi- death, hundreds of people came to- mittee on Education and Labor, writ- nating doctors from their plans, all in gether in Shelby to hold a vigil outside ing Federal legislation on schools at an attempt to remain solvent under the police department. Attendees every level. ObamaCare’s requirements. adorned his patrol car with flowers and He was instrumental in passing land- In Montana, we like to fish. Some- candles. Shelby police officers all re- mark legislation, including the Ele- times when the fishing line gets really ceived a standing ovation, and the mentary and Secondary Education Act tangled up, the only thing you can do crowd came together to sing ‘‘Amazing of 1965. This sought to increase oppor- is cut the line. It is time to cut the line Grace.’’ That symbolizes the profound tunities for economically disadvan- with ObamaCare. It is time to clear impact that Tim Brackeen had on peo- taged children and provided unprece- this train wreck from the tracks and ple’s lives and how grateful they are dented Federal support for education. get our health care moving forward for his selfless service to the commu- Dr. Brademas was the author in 1975 of again. nity of Shelby. the Education for All Handicapped Mr. President, I yield the floor. May God bless Officer Tim Children Act, which for the first time The PRESIDING OFFICER. The Sen- Brackeen’s family and friends and give provided Federal support and guaran- ator from North Carolina. them strength in these difficult times. teed nationwide educational opportuni- f Let them know that the community of ties for students with mental and phys- Shelby, the people of North Carolina, ical disabilities. HONORING TIM BRACKEEN and Americans from across the Nation Additionally, Dr. Brademas was piv- Mr. TILLIS. Mr. President, today I will continue to pray for them and otal in efforts to improve higher edu- rise to honor the memory of Tim stand with them during this difficult cation and boost grants and aid for stu- Brackeen, a K–9 police officer with the time. dent loans. John is also remembered Shelby Police Department in North Mr. President, I yield the floor. for his support to advance civil rights Carolina. Officer Brackeen was trag- The PRESIDING OFFICER. The Sen- and social justice. ically killed after succumbing to gun- ator from Indiana. During his last 4 years in Congress, shot wounds he sustained in the line of f Dr. Brademas served as House majority duty just last week. whip. Following his congressional serv- On September 10, 2016, Officer REMEMBERING DR. JOHN ice, Dr. Brademas served as the presi- Brackeen was doing what he did every BRADEMAS dent of New York University, or NYU, day—going to work, trying to put his Mr. DONNELLY. Mr. President, I rise one of the largest private institutions life in the way of others to keep them today to honor one of Indiana’s best, in the country, until 1992. During his safe. He said good-bye to his wife and Dr. John Brademas, who passed away tenure, he led NYU’s transformation his family, and he went to work. on July 11. from a local commuter school into a Unfortunately, on that day, in the John Brademas was an extraordinary national and world-renowned research middle of the night, Officer Brackeen public servant and a trailblazing lead- university.

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.038 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5825 After retiring from NYU, he contin- Huntington, WV. Huntington is a beau- Huntington has expanded their adult ued dedicating himself to causes im- tiful city. It sits right on the Ohio drug court and recently received a portant to him, such as democracy, the River at the corner of West Virginia, grant to launch the Women’s Empower- arts, and education. To that end, he Kentucky, and Ohio. It is the home of ment and Addiction Recovery Pro- helped establish two centers at NYU. the Thundering Herd of Marshall Uni- gram—a specialized track within the Dr. Brademas founded the John versity. However, 1 month ago today, drug court that will expand services to Brademas Center at NYU to teach stu- on Monday, August 15, in just a 4-hour address the needs of drug-addicted dents about Congress—to have them period, this small city of Huntington prostitutes. Even in the face of the become more familiar with their gov- was the site of 28 overdoses. Respond- overdose, they are making progress. In ernment—the legislative process, the ing to this mass overdose occupied all fact, the cooperation among local policies around education and the arts, of the ambulances in the city and more agencies—and the sad reality that they and foreign policy. than a shift’s worth of the police offi- are well-practiced and well-trained— The Brademas Center continues to cers in Huntington. can also be accredited with the 26 lives educate some of the best and brightest Of the 28 people affected, 26 were re- they have saved. students from around the world, and it vived using naloxone, a lifesaving drug While the overdose rate in Hun- educates them about democratic values that helps reverse overdoses. However, tington has remained steadily high, the and the need for an educated dialogue the heroin they had used was likely number of deaths from overdose has around the public policy challenges we laced with a substance so potent that fallen, and that is an encouraging sign. are facing today and tomorrow. the ordinary dose of naloxone was not Jim Johnson, who is the director of the Dr. Brademas also launched and enough. Responders had to use two and Huntington Mayor’s Office of Drug served as the first President of the sometimes three doses of naloxone to Control Policy has said: bring people back to life and out of the King Juan Carlos I of Spain Center, What we are seeing around the country is which promotes research and scholar- overdose. Rashes of overdoses due to particu- overdose deaths going up—[especially] with ship on Spain and Latin America. the rise of fentanyl and . . . [other sub- Dr. Brademas was awarded honorary larly strong batches of heroin have stances]. It’s not good that our [Huntington] been happening more and more fre- degrees by 52 colleges and universities overdose rate is holding—but compared to quently. This is heroin that is likely during his life—an incredible testa- others having real increases—it’s encour- laced with fentanyl or a new product aging. And we are happy the death rate is ment to his inspirational leadership we have heard about—a synthetic prod- down. and service to our country, which he uct—called carfentanil, which is a drug loved so much. As I have heard from West Virginians used to sedate elephants and other He also earned countless awards, and read in local and national news ac- large animals that is 100 times as po- served on many boards, and received counts about this rash of overdoses, I tent as fentanyl. Apparently, this is numerous prestigious appointments. think: What have we done and what do happening much too frequently. we need to do to help cities all across Among those, Dr. Brademas served as Versions of this chaotic scene are the chairman of President Bill Clin- this Nation? happening day after day in big cities The Comprehensive Addiction and ton’s Committee on the Arts and Hu- and small towns in Kentucky, New manities and on the board of the Fed- Recovery Act, or CARA, marked a big Hampshire, Ohio, and Florida. The re- first step forward. It reflects some of eral Reserve of New York. gion and area of my friend Senator On a personal note, I was honored to the best practices we have seen in PORTMAN, the State of Ohio and Cin- call John Brademas my friend and my places like Huntington. It includes re- cinnati, probably 2 or 3 days after this forms to help law enforcement respond mentor. I got to know him after being occurred in Huntington had the same elected to represent many of the same to this epidemic, such as the successful thing occur but much larger. drug court programs that operate in North Central Indiana communities What makes the recent spate of West Virginia and in many other that he served so well in Congress for overdoses in Huntington so noteworthy States. so long. When I was elected to the is that Huntington is a city that knows It expands the availability of House of Representatives, approxi- it has a problem and is doing all the naloxone and allows funds to be used mately a decade ago, it was a privilege right things to fight it. Under the may- for followup services for those who re- to serve in what many still call ‘‘the or’s guidance, they have really worked ceive another chance at life. When Brademas seat.’’ hard to put together a great consor- somebody comes into the emergency Over the years, John was a resource tium, which began in 2014, to fight this room in an overdose situation, is ad- to me, set an example for me, and was scourge on their town. The mayor an example to so many. He was started the office of drug control pol- ministered naloxone, and 1 or 2 hours unfailingly kind, helpful, thoughtful, icy. They have staffed the office with later gets up and just walks out the and incredibly productive. John burned people who have intimate knowledge of door, we haven’t really followed with a deep love for our country and the problem. through on our public health obliga- with a desire to make the world a bet- They are not hiding their head in the tion. ter place. The State of Indiana, the sand. They are not saying it is some- In this bill, we have followup services United States, and our world are so thing else. They know what this prob- so that person can be followed by a much better off because of Dr. John lem is, and they are trying to hit it home visit or a home phone call to see Brademas. God bless Mary Ellen and face on. In staffing the office, they what their situation might be. the Brademas family, God bless Indi- have a former police chief, a fire de- I proudly voted for CARA, as most of ana, and God bless America. partment captain who is also a reg- us did, and believe it is an excellent Thank you, Dr. Brademas. istered nurse and works at the hos- first step, but that is exactly what it I yield back. pital, and a police department criminal is—a first step. Now we must take a The PRESIDING OFFICER. The Sen- intelligence analyst. They have created fresh look at this epidemic—an epi- ator from West Virginia. a strategic plan which focuses on three demic that, to me, is threatening to f general principles: prevention, treat- take an entire generation, this next ment, and law enforcement. generation of our best and brightest. OPIOID EPIDEMIC The plan embraces harm reduction We must look at ways to stop the Mrs. CAPITO. Mr. President, I would strategies, including weekly training drugs from getting to our commu- like to talk a little bit on the floor for citizens on how to use naloxone. I nities. One solution is the Synthetics about an issue that is cascading across actually went to a naloxone training Trafficking and Overdose Prevention the country and is deeply troubling in seminar myself, just to see. If you are Act, or STOP Act, which was recently the State of West Virginia, the region trained on it properly, it can make the introduced by Senators PORTMAN, in which I live, and that is the opioid difference. It can make the difference AYOTTE, and JOHNSON. crisis we are seeing. in preventing people from inflicting ir- The STOP Act, of which I recently Many of you have recently read reversible damage to themselves and became a cosponsor, is designed to stop about what has happened in the city of others. dangerous synthetic drugs such as

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.041 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5826 CONGRESSIONAL RECORD — SENATE September 15, 2016 fentanyl and carfentanil from being a daughter, a sister, and an addict in The PRESIDING OFFICER. The Sen- shipped through our borders and ad- recovery. Following surgery from a ator is recognized. dresses any gaps in our mail security. running injury, despite her best efforts f Earlier this year, I announced that and those of her family, Jesse was dis- the DEA had established a tactical di- charged from the hospital—she had GUN VIOLENCE version squad in Clarksburg, WV. It told the hospital she had addiction Mr. CASEY. Mr. President, I will probably doesn’t sound like much but issues—she was discharged from the start today with some numbers. Unfor- it will be a big help to enhancing our hospital with a prescription for 50 tunately, some of these numbers are all law enforcement efforts to stay one oxycodone pills and fatally overdosed too familiar to Americans concerned step ahead of this influx of drugs. later that evening. By amending the about the horror of gun violence. There Programs like the High Intensity privacy regulations for persons with are 3 numbers: 49, 280, and 99. Drug Trafficking Area Program, known substance abuse disorders, we can en- Forty-nine, unfortunately, we know as HIDTA, are critical in helping to co- sure that those individuals receive the maybe more than the other two num- ordinate initiatives that reduce drug safe, effective, and coordinated care bers. That is the number of people use and abuse in communities. We they need to prevent other tragedies killed in Orlando just a couple of must embrace and intensify prevention like Jesse’s and her family’s from oc- months ago in the worst act of gun vio- strategies in our schools, community curring. lence we know of. So many Americans centers, and our afterschool programs. I recognize that these problems are watched that horror and would have Our youth cannot think that this epi- also going to take additional funding. guessed that the Senate would have demic is acceptable or that it is the As a member of the Appropriations acted with a sense of purpose and ur- new normal. We must ensure that when Committee, along with the Presiding gency and even outrage to begin to someone decides they want treatment Officer, I will work to ensure that take steps to reduce gun violence. Un- for their drug use, they have access to these resources are going to programs fortunately, that didn’t happen a cou- this treatment. There are no lists of that best meet a State’s needs, whether ple of months ago. There were 49 killed people to admit into incarceration. it is HIDTA, the DOD’s counterdrug in Orlando. We can recite the other program, or substance abuse grants. In There is no waiting list here. Yet there communities in the country over the the fiscal year 2017 Labor-HHS appro- is a waiting list for our drug treatment last not just number of years but even priations bill, there is a $126 million in- and prevention centers. the last several years, and 49 is the Or- crease for programs fighting opioid September is National Alcohol Ad- lando number. abuse. In bills passed by the com- I am not sure we hear enough about diction and Recovery Month, and today mittee, funding to address heroin the other two numbers, which are the Senator MURPHY of Connecticut and I opioid abuse is more than double last weekly death toll or the weekly toll of are offering a resolution which honors year’s levels. However, I also know this violence in cities and communities the significant achievements of those problem cannot be solved by simply across the country. Two hundred and citizens who are now in recovery. The throwing money at it. eighty is the number just in the last resolution also recognizes the nation- I look forward to working with my week who were shot across the country wide need for increased access to treat- colleagues on both sides of the aisle to and 99 is the number killed. That is ment. develop additional policies to tackle just 1 week. This is an area where there is so these problems. We must consider all For purposes of my remarks, to set much more work to do. We must have options. The outcomes are sad. I mean, aside numbers for a moment and con- the detox beds available and the work- I personally know families who have sider the human trauma, the human force trained and ready to assist those been affected by this. I think every- tragedy, the toll of that, it is almost seeking treatment. We also want to body does. If you are in a townhall incomprehensible, all of the families make sure we have a range of treat- meeting and you ask for a show of who have been destroyed by gun vio- ment options available. This is defi- hands from those who have a story or lence. For many of us, it is a news nitely not a one-size-fits-all problem. know somebody from their church or event that we watch on television and Each addict found their way to addic- their children’s friends, almost every read about. We are horrified. We pray tion in a different way, and each must hand in the meeting will go up. for the victims. We wish for action to figure their own path out, whether We need to work with State and local be taken to at least begin—just begin through inpatient rehab, peer-to-peer officials to learn what is working and to reduce gun violence, but then we rehab, medication-assisted therapy, a what is not. move on. Most of us move on if we are 12-step program, or, most likely, a I will also keep fighting for an addi- not directly affected, but those fami- combination of these and other op- tional issue, a side issue that is just as lies don’t move on. Their lives are ei- tions. important, which is veterans who rely ther destroyed forever or adversely im- on the VA programs to help with their It is also essential that we remember pacted in some way forever, mothers opioid addiction, or that newborn who that recovery does not end when an ad- and fathers and brothers and sisters is born dependent on opioids, or the ad- dict finishes treatment. Services need and husbands and wives and friends. It dict who is willing to seek treatment, to be available to assist with their is impossible to in any way describe and any other person because prac- transition back into society. the adverse impact this problem is hav- tically every person in this country is We must look at the collateral ef- ing. fects substance abuse has on our com- touched by this disease. There are some who would say there I will keep fighting for cities like munities, whether it is through in- is not much we can do about it other Huntington that even in their darkest creased violent crime, child neglect than enforce the law, and that is their hours continue to move forward and and abuse, or disease, especially hepa- point of view. I don’t happen to agree fight every day toward a brighter drug- titis and HIV, given the rise in heroin with that. I think we need to take the free future. use. same approach to this issue as we have Are there immediate solutions for all I yield the floor. I suggest the absence of a quorum. taken to any issue the American people of these problems? No, we have found The PRESIDING OFFICER. The have faced over many generations. there aren’t. But, like the city of Hun- clerk will call the roll. Most of the time we come together tington, we must continue to come to The legislative clerk proceeded to with concerted action and begin to terms with the extent of the problem call the roll. tackle a problem. It might take a year, in order to know what solutions do Mr. CASEY. Mr. President, I ask it might take 5 years, it might take 25 make sense, and, like Huntington, unanimous consent that the order for years, but, as Americans, in most cases progress is going to be incremental and the quorum call be rescinded. we come together and begin to address it will take time. We can begin to tack- The PRESIDING OFFICER. Without the problem. Only in Washington does le some of the problems through com- objection, it is so ordered. that not happen anywhere near often monsense changes and policies. Mr. CASEY. Mr. President, I ask enough. One example is Jesse’s Law, a bill unanimous consent to speak in morn- There are a couple of commonsense named after a West Virginian. She was ing business. steps we can take right now—meaning

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.042 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5827 next week or the week after or in the talking about law-abiding citizens; we Then he went on from there describ- very near term—commonsense steps are talking about people who pose a ing what he saw, describing young chil- that have wide support across the demonstrated threat to people in our dren working in the mines, children country in both parties. One would be community and beyond. But so far that the ages of 10, 11, 12, and into their to finally say: Why not vote in accord- hasn’t happened. I hope we will sched- teens, working in the mines; describing ance with not just a national consensus ule some votes. How can that be harm- the process of how the coal got out of but actually a consensus here in the ful, to keep voting on such an impor- the mines, mules pulling these carts Senate on background checks? Why tant issue until we move forward? So full of coal. He described what my fra- would we allow these gaping holes in that is something we can work on be- ternal grandfather saw when he was our system to remain wide open so that fore we leave here. there as a young boy at the age of 11, almost anyone can get a gun? No mat- There is no rule that says we have to who entered a mine not too far away ter how dangerous, no matter how leave at the end of next week. We could from this particular mine, just as Ste- much a threat they are to society, they work the week after that and the week phen Crane was writing. can get a gun because of these gaping after that and begin to make progress Stephen Crane concluded the essay holes in our background check system. on a whole range of issues, including by talking not only about all of the No one disputes that there are these gun violence. Of course, I hope that horrors of the mine but how miners holes. No one disputes that they lead will include finally getting to a conclu- could die in that mine. He described it to unnecessary death and violence. But sion on Zika funding to address this at one point in summation as the 100 we haven’t been able to get enough threat to pregnant women and their perils or the 100 dangers that those Members in the Senate to come to- children. We should finally get that coal miners faced. Why do I raise that today? I realize gether to support background checks. done, and maybe we can get that done coal mining in the present day or even We should try to do that again. I don’t with the spending bill next week. That 10 or 15 or 20 years ago, maybe even 30 know why we don’t have more votes. would be great progress. But unless we years ago, was not nearly as dangerous Let’s keep voting until we get enough act, we leave on the table this horror of as it was in the 1890s or the early part momentum. gun violence where there has been vir- of the 1900s, but it is still very dan- Second, this idea of terrorists whom tually no progress for years—not just gerous work today and has been for all we made a judgment about—that we ei- months but for years. these years. We have seen too many ther know they are terrorists or we f places where miners have been trapped suspect they are terrorists based upon PENSIONS FOR MINE WORKERS and rescued or trapped and never res- all kinds of evidence—and we say: That cued, killed, in places like Pennsyl- Mr. CASEY. Mr. President, I wish to category of people will not be able to vania, West Virginia, Kentucky, and speak about an issue that is—to say it get on an airplane. Guess what. When other places over more than a genera- is unfinished business is an understate- we did that after 9/11, that was our pol- tion—in fact, many generations. Those ment. The fact that we are standing icy or part of our larger policy against miners worked there for, in many here in the fall of 2016 and the Congress terrorism. We came together and said cases, more than 10 years or 20 years. of the United States hasn’t fulfilled its that those people can’t get on air- Some of them also served our country planes. Guess what. We haven’t had promise to coal miners is really an in- in World War II, Korea, Vietnam, or be- planes fly into buildings in the country sult not only to coal miners who spent yond. since 9/11 because we came together, we a lot of years in the mines in a lot of They were promised by their govern- made a decision, we acted on it, and we States, mine and other States, but it is ment that they would have a pension. stopped at least that part of the prac- also an insult to the country because A number of us, in a bipartisan fashion, tices terrorists engage in. But when it their government—our government— came together to support the Miners comes to this issue of reducing—even made a promise to them more than a Protection Act, which would make sure beginning to reduce gun violence, we generation ago. that at a minimum the now 12,951 min- haven’t had the same consensus. Some people may remember the book ers in Pennsylvania would get that So we have a circumstance now ‘‘The Red Badge of Courage.’’ That was pension they were promised and a where suspected terrorists are deemed written by Stephen Crane, a great nov- smaller number—but a big number, in too dangerous to fly in a plane but not elist who didn’t even make it to the the thousands, in Pennsylvania—would to own a weapon of war. So, virtually, age of 30. He died in his late twenties. also get the health care they have a under the policy that is in place now, Stephen Crane is known for being a right to expect. This was a promise by because the Senate hasn’t acted, be- great novelist and known for writing the Federal Government. It wasn’t a cause we haven’t had an act of Con- ‘‘The Red Badge of Courage,’’ but one ‘‘we will try to’’ or ‘‘we hope to do it’’ gress, there are folks who are either of the most compelling accounts he or ‘‘we will make every effort to do it,’’ suspected terrorists or terrorists who ever wrote or anyone has ever written it was a hard-and-fast, irrefutable can’t get on an airplane but can buy about the dangers and horrors of a par- promise, and it is time the Federal any gun they want or obtain any gun ticular line of work was Stephen Government has delivered on that they want and there is no legal prohibi- Crane’s essay, just before the turn of promise to those miners and their fam- tion. That makes no sense to anyone the last century, about a coal mine in ilies. who is serious about this issue of pre- my hometown of Scranton. The name They went into the darkness and the venting violence and reducing gun vio- of the article published in Collier’s danger of a coal mine in the 1950s, lence. magazine was ‘‘In the Depths of the 1960s, 1970s, and beyond. Some of them How about individuals who are con- Coal Mine.’’ I will not of course read all were younger than that. Some of them victed of violent hate crimes that in- of it and recite major portions of it, still do it and still engage in that volve the use of force being allowed to but suffice it to say that Stephen work. They should have a right to ex- get a gun? Why would we wait until Crane, a great novelist, went into a pect that just as they kept their prom- that individual commits a felony with coal mine and reported what he saw ise to their families that they would go a use of force that in many cases in- there, not as a work of fiction but as a to work every day and work hard and volves the use of force with a firearm? work of the harsh realities in nonfic- bring home a paycheck, just as they Why would we wait for that violent tion of what the miners were facing. made a promise to their employer that person to go down that pathway, some- In one part of the essay, he described they would go into that mine every day one who is convicted of a hate crime the mine he was in when he descended and do impossibly difficult work year that involves domestic abuse or some all the way down. Of course, you only after year and sometimes decade after other act of violence or the use of have to go down a very short distance decade—and they fulfilled that promise force? before it is pitch black. You can’t even to their employer and to their families. So I think a number of these strate- see your hand in front of your face. He Some of them made a promise to their gies are commonsense steps we can described the mine as a place of ‘‘an in- country that not only would they work take that would have zero impact on scrutable darkness, a soundless place of hard, but they would serve their coun- the right to bear arms. We are not tangible loneliness. . . . ’’ try in war and combat.

VerDate Sep 11 2014 02:32 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.044 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5828 CONGRESSIONAL RECORD — SENATE September 15, 2016 The question is, Will we keep our Mr. CASEY. Mr. President, I ask The PRESIDING OFFICER. Without promise to them? unanimous consent that the order for objection, it is so ordered. Their promise was much tougher the quorum call be rescinded. than our promise. All we have to do The PRESIDING OFFICER. Without f here to keep the promise is vote the objection, it is so ordered. right way, vote in the U.S. Senate to f RELIGIOUS LIBERTY make sure miners get their pensions TRIBUTE TO TIM MITCHELL and health care and vote in the House Mr. SASSE. Mr. President, I rise in the same way. That is not hard to Mr. CASEY. Mr. President, I didn’t today to address the recently released do—to walk into the well of the U.S. want to leave today without joining new report of the U.S. Commission on Senate or somewhere in this Chamber the chorus of commendations for Tim Civil Rights entitled ‘‘Peaceful Coex- and put your hand up. That is pretty Mitchell. I think technically tomorrow istence: Reconciling Nondiscrimination easy to fulfill the promise we made to is his 25th anniversary, if I have that Principles with Civil Liberties.’’ them. This isn’t a lot of money for right, and I heard some of the com- The Commission on Civil Rights has these miners. In addition to Social Se- ments this morning, but I didn’t get to a glorious and profound history in our curity, sometimes it is about 530 bucks the microphone earlier to say any- Nation. Founded in 1957, the Commis- a month for all of that work they did. thing, and I should have. I will be brief. sion initially had the grand cause of I just want to thank Tim for his re- So it is not hard to fulfill this promise ending the horror and the tragedy of markable service to the Senate these 25 that our country and our government Jim Crow laws in our Nation. years, and I know he has more work to made to them. Sadly, however, the Commission’s These are people who are not in the do, but it is an important anniversary focus has recently strayed, and its new newspaper every day, they are not on to highlight. report poses profound threats to the television. They may not have a lot of Some people mentioned his great historic American understanding of our power. They may not be connected to baseball knowledge, where I am often First Amendment. In the Commission’s people who are powerful or people who deficient, despite having two great just released report, the majority re- are wealthy. They are just hard-work- teams in Pennsylvania, the Pirates and veals a disturbingly low view of our ing people who did their job and de- Phillies, but Tim knows just about as first freedoms. It actually puts the serve to have that promise fulfilled. much as anyone. In addition to his I believe this is a matter of basic jus- knowledge of baseball and his great term ‘‘religious liberty’’ in scare tice. It is basic justice whether we are work in the Senate, which often in the quotes, and it says that religious lib- going to fulfill that promise. Saint Au- Senate goes unrecognized or erty must now be subservient to other gustine said a long time ago, hundreds unheralded, Tim is someone who brings values. of years ago: ‘‘Without justice, what to the job great character, integrity, Here is a snapshot of the majority’s are kingdoms but great bands of rob- and a kind of decency that sometimes position from this new report, in their bers.’’ we all don’t exercise every day of the own words: If you apply that to today’s termi- week. Sometimes he is getting seven Progress toward social justice depends nology, a kingdom in some sense is like questions from nine different people upon the enactment of, and vigorous enforce- our government—a governing body for and he handles every one. Sometimes ment of, status-based nondiscrimination a nation. Without justice, what is a you ask him the impossible question laws. Limited claims for religious liberty are government but a great band of rob- which he tries to answer, but he prob- allowed only when religious liberty comes bers. We owe people that basic justice, ably shouldn’t, which is: When will we into direct conflict with nondiscrimination that promise. precepts. The central finding which the Com- finish this week, which is always an mission made in this regard is: So let’s fulfill our promise as Demo- open question with an uncertain an- Religious exemptions to the protections of crats, Republicans, and Independents swer. I have at least kept my faith in the U.S. Senate. Let’s not allow in- civil rights based upon classifications such with him by saying: Tim, I won’t quote as race, color, national origin, sex, disability action or other circumstances, polit- you, but tell me when we might wrap status, sexual orientation, and gender iden- ical or otherwise, to prevent us from up this week. tity, when they are permissible, significantly doing the right thing. Let’s not rob He is a great example of public serv- infringe upon these civil rights. these miners and their families of what ice in the Senate and a great example they deserve, what they earned. We are Additionally, the Commission’s of what we all hope to be when we work Chair, Martin Castro noted: not giving them anything. We are just in a government institution or in a voting the right way so they have a Chamber like the U.S. Senate. I am so The phrases ‘‘religious liberty’’ and ‘‘reli- promise fulfilled. grateful to Tim for his ongoing com- gious freedom’’ will stand for nothing except I would hope that before everyone hypocrisy so long as they remain code words mitment to public service. I wish him for discrimination, intolerance, racism, goes home to do whatever folks will 25 more years on top of the 25 years do—travel to their States or campaign sexism, homophobia, Islamophobia, Chris- that preceded this anniversary. tian supremacy or any form of intolerance. or whatever they are going to do—I I yield the floor. would hope, at a minimum, we would The PRESIDING OFFICER. The Sen- But are the phrases ‘‘religious lib- take action on a number of things we ator from Illinois. erty’’ and ‘‘religious freedom’’ simply talked about today but in particular Mr. DURBIN. Mr. President, I thank hypocritical code words? Are they that we make sure families don’t have my colleague from Pennsylvania. shields for phobias, intolerances, and to worry about the horror and threat of Several of us came to the floor ear- power struggles? Zika, something we can prevent the lier today to pay tribute to Tim Mitch- Of course, they are not. spread of if we take action; that fami- ell in his service to the Senate, which Religious liberty is far more beau- lies will not be threatened by it in is certainly deserved on this occasion tiful, far more profound, and far more Florida or Puerto Rico or anywhere be- of his 25th anniversary of beginning human than that. Our national iden- cause beyond that, we don’t get to the work here. tity is actually based on this very solution, the action. Of course, we hope (The remarks of Mr. DURBIN per- premise. taining to the introduction of S. 3347 we can go home and say we at least The American founding was unbeliev- are printed in today’s RECORD under said to miners and their families: We ably bold. Our Founders were making ‘‘Statements on Introduced Bills and have fulfilled the promise the govern- the somewhat arrogant claim, almost, ment made to you generations ago. Joint Resolutions.’’) Mr. DURBIN. Mr. President, I sug- that almost everyone in the history of That is the least this body and the the world had actually been wrong other body should do before we leave gest the absence of a quorum. The PRESIDING OFFICER. The about the nature of government and Washington. about the nature of human rights. Mr. President, I suggest the absence clerk will call the roll. of a quorum. The senior assistant legislative clerk Our country’s Founders believed that The PRESIDING OFFICER. The proceeded to call the roll. God created people with dignity and clerk will call the roll. Mr. SASSE. Mr. President, I ask that we have our rights via nature. The bill clerk proceeded to call the unanimous consent that the order for Government is our shared project to se- roll. the quorum call be rescinded. cure those rights. Government does not

VerDate Sep 11 2014 05:13 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.045 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5829 come first. Government is not the au- She continues: I suggest the absence of a quorum. thor or the source of our rights, and The second [ . . . ] comment I will make is The PRESIDING OFFICER. The this conviction matters for today’s this: While the targeted religious accom- clerk will call the roll. conversations. In fact, this conviction modations approach may sometimes be a The senior assistant legislative clerk is our Constitution. good idea, it is not always the best strategy proceeded to call the roll. No King, no Congress, no Senate, no for people of faith. Targeted religious accom- Mr. GARDNER. Mr. President, I ask Commission gives our people their modations make it possible for ever-expand- unanimous consent that the order for ing government bureaucracies to divide and the quorum call be rescinded. rights, for government is not the au- to conquer. They remove the faith-based ob- thor or source of rights. Government is The PRESIDING OFFICER. Without jections to their expansive ambitions, thus objection, it is so ordered. a tool to secure our rights. allowing them to ignore objections that are We have rights because we are peo- not based on faith. The bureaucratic jug- f ple, created with dignity. Government gernaut rolls on. People of faith should not NORTH KOREA is that shared project to secure those allow themselves to become just another Mr. GARDNER. Mr. President, I rise rights that we have because we are peo- special interest group that needs to be ap- today to speak about the threat from ple created with dignity. So we the peased before the next government expansion North Korea. people are the ones who actually give is allowed to proceed. Here, she is talking people of faith. Pyongyang has just conducted its the government limited authorities. It fifth nuclear test, which is the regime’s is not the government that is conde- They have an interest in ensuring the health of the many institutions of our civil fourth test since 2009. This is also the scending to grant us some rights. regime’s second test this year, and this Gail Heriot, who is a member of the society that act as counterweights to the state—including not just the Church itself, is the largest weapon they have ever Commission, offered a compelling but also the family, the free press, small tested, with an estimated explosive statement and a healthy rebuttal to business and others. They have an interest in yield of 10 kilotons of TNT. the majority’s very low view of reli- ordered liberty in all its manifestations. A The rapid advancement of North Ko- gious freedom. Thankfully, Ms. Heriot nation in which religious liberty is the only rea’s nuclear and ballistic missile pro- indicated her opposition to the run- protected freedom is a nation that soon will gram represents a grave threat to glob- away chairman’s bizarre dismissal of be without religious liberty as well. al peace and stability and a direct religious freedom. She considered ask- Are people of faith simply another threat to the U.S. homeland in our im- ing him to withdraw it, but then she special interest group that should be mediate future. decided against it, and here is her rea- appeased? I suggest—along with Ms. This past week, since the detonation son why. She decided: Heriot and, frankly, far more impor- of this fifth nuclear test, I have had the It might be better for Christians, people of tantly, with all of the Founders of this opportunity to visit with General Rob- faith generally, and advocates of limited Nation—they are not. People of faith inson, our combatant commander of government to know and understand where and people of no faith at all, people of NORTHCOM, to visit with Ambassador they stand with him— conscience, are simply exercising their Ahn of North Korea, to speak with Am- Where they stand with this chair- humanity, and they do not need the bassador Sasae of Japan, to visit with man. Ms. Heriot notes—and I am going government’s permission to do so. Ambassador Fried of the State Depart- to quote her here at length: The Commission’s report is titled ment, to talk to representatives at the The conflicts that can arise between reli- ‘‘Peaceful Coexistence.’’ Who wants to Treasury Department—all about what gious conscience and the secular law are disagree with a title like that? But this is happening in North Korea and our many and varied. Some of the nation’s best profession of peaceful coexistence must response to the provocative actions, legal minds have written on how the federal never quietly euthanize religious lib- the dangerous actions of this regime as and state governments should resolve those erty just because Washington lawyers conflicts. But no one has ever come up with they continue to attempt to obtain nu- a systematic framework for doing so—at and bureaucrats find it convenient and clear status. All of them are very wor- least not one that all Americans agree on— orderly to do so. It must never be used ried about what is happening. and perhaps no one ever will. Instead, we to chip away at our most fundamental In my conversations, it was clear have been left to resolve these issues that freedom, for the First Amendment is a that we can expect and anticipate even arise on a more case-by-case basis. cluster of freedoms: freedom of reli- more tests coming up, whether that is While she does not aim to create that gion, the press, assembly, and speech. the launch of rockets against inter- framework in her remarks, she con- They all must go together. It must national sanctions, U.S. sanctions, the tinues by saying: never undermine the essence of what it international community, United Na- The bigger and more complex government means to be human. It must never tions security resolutions, or whether becomes, the more conflicts between reli- erode the American creed, which that is indeed further attempts to test gious conscience and the duty to comply should be uniting us. We can and we or actual tests of nuclear weapons. with law we can expect. should disagree peaceably. We should They all recognize this will continue. Back when the Federal Government didn’t argue and debate and seek to persuade. heavily subsidize both public and private They recognize the dangerous position higher education, when it didn’t heavily reg- We should jealously together be seek- our allies and our homeland are in. ulate employment relationships, when it ing to defend every right of conscience This morning, there was testimony didn’t have the leading role in financing and and self-expression. from the U.S. State Department—Tom delivering healthcare, we didn’t need to In closing, I ask my colleagues from Countryman, Assistant Secretary— worry nearly so much about the ways in both parties—for this should not be a talking about the fact that these ac- which conflicts with religious conscience and partisan issue, as the First Amendment tivities continue in North Korea with the law arise. Nobody thought about whether is not the domain of any political the assistance of outside actors, that the Sisters of Charity should be given a reli- party—to consider the dangerous im- North Korea receives material for its gious exemption from the ObamaCare con- traceptive mandate, because there was no plications of this new report. nuclear program from illegal oper- Obamacare contraceptive mandate. The To my progressive friends, I invite ations in China, operations out of Rus- Roman Catholic Church didn’t need the so- you to become liberals again in your sia. called Ministerial Exemption to Title VII in understanding of religious liberty and So in response to this test and the order to limit ordinations to men (and to its merits. dangerous actions of North Korea and Roman Catholics), because there was no To my conservative friends, let’s the conversations I have held across all Title VII. cheerfully celebrate all Americans’ levels of government this past week, I What she is talking about here is freedoms. Let’s work to kindly dis- am asking the administration to ur- about the ways that expanding govern- mantle the pernicious myth that some- gently take the following actions: ment tends to crowd out civil society how your freedoms are merely a cover No. 1. Take immediate steps to ex- and mediating institutions. She is for fear or hate or some other phobia. pand U.S. sanctions against North talking about the ways that power These freedoms are too important to Korea and those entities that assist the drives out persuasion. She is talking relinquish. They are the essence of regime—most importantly, China- about the ways that law crowds out what we share together as Americans. based entities. We know there are enti- neighborliness. I yield the floor. ties within China that are assisting the

VerDate Sep 11 2014 02:56 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.067 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5830 CONGRESSIONAL RECORD — SENATE September 15, 2016 North Korean regime, violating U.S. Director Clapper also stated that nately, the administration’s implemen- sanctions, and violating United Na- ‘‘Pyongyang is also committed to de- tation of this legislation has been lack- tions Security Council resolutions. The veloping a long-range, nuclear-armed ing and certainly disappointing. While administration must take immediate missile that is capable of posing a di- they have taken some positive steps, steps to expand these sanctions against rect threat to the United States.’’ such as designating North Korea as a them and anyone who is violating the Assistant Secretary Tom Country- jurisdiction of ‘‘primary money laun- regime of sanctions. man testified before the Senate For- dering concern’’ and also designating No. 2. We must negotiate a new eign Relations Committee that the ac- top North Korean officials, including United Nations Security Council reso- tivities involved for the construction of Kim Jong-un, as human rights viola- lution that closes loopholes that have this nuclear warhead in North Korea tors, these actions only scratch the allowed China to skip full-faith en- have been indigenized, meaning that it surface of the sanctions authorities forcement. I will talk more about that is coming from the industry within provided to the President under the in a little bit, but the fact is that North Korea. They are not relying on new law. China is finding exemptions in existing Pakistan or others to provide it for We know the source of the majority resolutions to skip full-faith enforce- them; they have the engineering know- of North Korea’s export earnings is the ment. Why is that important? Because how and they have the capabilities to People’s Republic of China. Nearly 90 we know that about 90 percent of North build it on their own, within the coun- percent of North Korea’s trade is with Korea’s economy—their hard cur- try, without turning outside for help. China. Yet, to date, no Chinese entities rency—comes from these types of oper- He also said that some material, yes, is that are responsible for this 90 percent ations and business with China. coming from China and Russia. And have been designated for sanctions vio- No. 3. We must expedite the deploy- that is exactly what we must stop. lations under the new legislation. So ment of the terminal high altitude area We should never forget that the Kim while we are trying to keep this regime defense—THAAD—system in South Jong-un regime has been one of the from continuing to grow a nuclear pro- Korea. We must expedite the THAAD world’s foremost abusers of human file, the entities that are giving them system to make sure South Korea has rights. The North Korean regime main- the money and the resources to do it the ability to protect itself from these tains a vast network of political prison outside of the country haven’t faced aggressive actions taken by the North camps where as many as 200,000 men, the sanctions this body authorized ear- Korean regime. women, and children are confined to lier this year. No. 4. Take all feasible steps to fa- atrocious living conditions, where they The Wall Street Journal wrote in an cilitate a stronger trilateral alliance are tortured, maimed, and killed. This editorial on August 18, 2016: between the United States, Japan, and isn’t just report language; I have spo- The promise of secondary sanctions is that South Korea to more effectively ken to defectors from North Korea who they can force foreign banks, trading compa- counter the North Korean threat. A talk of these political concentration nies and ports to choose between doing busi- strong trilateral alliance between camps where this torture is occurring. ness with North Korea and doing business in Japan, the United States, and South On February 7, 2014, the United Nations dollars, which usually is an easy call. . . . Korea can be used to help China make But this only works if the U.S. exercises its sure they are enforcing the regula- Human Rights Commission of Inquiry power and blacklists offending institutions, tions, standing up to full-faith execu- released a groundbreaking report de- as Congress required in February’s North tion of the sanctions, and make sure tailing North Korea’s horrendous Korea Sanctions and Policy Enhancement we are pushing peaceful record on human rights. The Commis- Act. The Obama administration hasn’t done so even once. denuclearization of the North Korean sion found that North Korea’s actions regime. constituted a ‘‘crime against human- As the Wall Street Journal further It is unfortunate—this aggression in ity.’’ noted, for instance, the administration North Korea isn’t new. The aggression We also know that Pyongyang is has not acted on information from the we see from North Korea today pre- quickly developing its cyber capabili- United Nations Panel of Experts Re- dates the current administration and ties as another dangerous tool of in- port that the Bank of China ‘‘allegedly goes back multiple administrations. timidation, an asymmetric tool, dem- helped a North Korea-linked client get Time and time again since I came to onstrated by its attack on Sony Pic- $40 million in deceptive wire transfers the Senate, I have stood before this tures, the hacking incident that oc- through U.S. banks.’’ great body and I have argued that this curred in November of 2014, and the re- Moreover, there is ample evidence of administration’s policy of so-called peated attack on the South Korean fi- increased North Korean efforts to strategic patience—which was crafted nancial and communication systems. evade sanctions with help from Chi- under then-Secretary of State Hillary According to a recent report by the nese-based entities. According to a New Clinton—was failing to stop the forgot- Center for Strategic and International York Times report on September 9, ten maniac in Pyongyang. The re- Studies, ‘‘North Korea is emerging as a 2016, ‘‘To evade sanctions, the North’s gime’s nuclear stockpile is growing significant actor in cyberspace with state-run trading companies opened of- fast. Nuclear experts have reported both its military and clandestine orga- fices in China, hired more capable Chi- that North Korea may have as many as nizations gaining the ability to con- nese middlemen, and paid higher fees 20 nuclear warheads and has the poten- duct cyber operations.’’ They are try- to employ more sophisticated bro- tial to possess as many as 100 warheads ing and striving to achieve an asym- kers.’’ within the next 5 years. The adminis- metric capability so that they can at- This isn’t a regime that is facing the tration has admitted that the policy of tack South Korea, our allies, such as full wrath of the sanctions of the strategic patience has failed. It is evi- Japan, and, indeed, the United States. United States; this is a regime that has dent in the fact that they have 100 nu- So given this record of aggression figured out how to use its neighboring clear warheads coming online in the from North Korea and fecklessness countries to cheat to evade sanctions. next several years. But we have gone from this administration—the fact that We need those neighboring nations, from a strategy of strategic patience to we went from a failed policy, a strat- which I know also agree in the no strategy at all when it comes to egy of strategic patience to no strat- denuclearization of North Korea, to dealing with the North Korean regime. egy—the Congress came together this step up, to stand up and agree to stop The regime’s ballistic missile capa- year to pass the North Korean Sanc- the provocations of North Korea by en- bility is rapidly advancing. Director of tion and Policy Enhancement Act, leg- suring that we can shut down the National Intelligence James Clapper islation I coauthored here in the Sen- money flow, ensuring that we can shut has stated in his testimony to Congress ate with my colleague Senator BOB down the supplies, the materials they that ‘‘North Korea has also expanded MENENDEZ. This legislation, which are using in this nuclear production, the size and sophistication of its bal- President Obama signed into law on make sure they stop providing trade listic missile force—from close-range February 18, 2016, was a momentous opportunities for hard currency going ballistic missiles to intercontinental achievement, and for the first time to North Korea that is feeding a nu- ballistic missiles (ICBMs)—and con- ever, our Congress imposed mandatory clear program, not feeding the people tinues to conduct test launches.’’ sanctions on North Korea. Unfortu- of North Korea.

VerDate Sep 11 2014 02:56 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.069 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5831 This behavior can’t be tolerated, and side of the aisle to work with us to ad- on our Nation. Indeed, since 2010, we the administration now has the tools dress critical matters facing our Na- have lost more than 1,000 Rhode Island- to punish these actions. It is unaccept- tion. From failing to provide the nec- ers to accidental drug overdoses, in- able that it has not done so already, essary funding to combat the Zika cluding more than 230 overdose deaths despite the will of this body. Passage of virus and our Nation’s opioid epidemic in 2014—an increase of 73 percent since our legislation 96 to 0—every Repub- to failing to even consider a candidate 2009. Nationally, drug overdoses have lican and Democrat supported our ef- for the Highest Court in the land, or exceeded car crashes as the number one forts to impose sanctions on this re- legislation to curb gun violence and ad- injury-related death. Two Americans gime. These latest developments in dress college costs and the student debt die of drug overdoses every hour. North Korea show that we are now crisis—we must act on all of these Action is urgently called for, and I reaping the rewards for our weak poli- measures, and we must do it promptly. commend my colleague from Rhode Is- cies. The simple fact is that this ad- We are entrusted by the American land, Senator WHITEHOUSE, who spear- ministration’s strategic patience has people to find solutions for difficult, headed passage in this body of the bi- been a strategic failure, both with hard-to-fix problems, not to ignore partisan Comprehensive Addiction and North Korea and with China, and has them at almost every turn. I have Recovery Act, or CARA. However, resulted in no strategy. heard from people of all persuasions, CARA provides authority only for a re- As Secretary Ash Carter stated im- reaching out, urging Congress to take sponse plan to address this complex mediately following the latest nuclear action. So I come here today to remind challenge; it does not adequately fund test, China shares an important re- my colleagues across the aisle, and my this effort. For this law to work, we sponsibility for this development and colleagues within my caucus, that we need real dollars to deliver lifesaving has an important responsibility to re- all must do our job. That message has prevention and treatment services. It verse it. It is important that it use its come through loud and clear from the is critical that we provide robust re- location, its history, and its influence American public, and we have to put sources to confront this epidemic and to further the denuclearization of the those words into action. ensure that people have access to the Korean Peninsula and not the direction For more than 8 months, we have treatment they need. Unfortunately, that things have been going. We must seen, for example, the harmful effects that has not happened. We cannot fight now send a strong message to Beijing of the Zika virus. We have seen its the opioid crisis with words. We need that our patience has run out and exert heartbreaking impact on newborns, dollars, as well as words. any and all effort with Beijing to use women, and families and deepened our Those across the aisle have also fall- its critical leverage to stop the mad- understanding of the suffering this en short on their responsibility by re- man in Pyongyang. We must not tol- virus causes. Pregnancies have been fusing to hold so much as a hearing on erate this behavior. lost. We have seen children born with President Obama’s nomination of Chief The four things that I pointed out at permanent birth defects that could Judge Merrick Garland to the Supreme the beginning of this talk are impor- have been avoided. And recently, the Court. This body has a constitutional tant to secure. Tomorrow I will be Centers for Disease Control and Pre- obligation to advise and consent on the sending a letter to the President. Over vention has said that the disease can President’s nominees. When we fail in a dozen Members of this body have enter people’s eyes, causing serious vi- that obligation, we undermine the sta- signed and agreed to participate in this sion impairment. bility of our system of justice and en- letter, asking a series of questions It has been over 6 months since the danger Separation of Powers. about our strategy toward North President requested $1.9 billion in Since the stunning announcement by Korea, about the compliance of China emergency funding to fight the Zika the majority leadership that no hear- and whether they are living up to the virus. It has been 4 months since the ing would be held on a replacement, full faith of the United Nations Secu- Senate passed a compromise measure the Supreme Court has deadlocked on rity Council Resolution 2270. to provide $1.1 billion for a comprehen- five major questions of law. These are Are they skirting the resolution? We sive response to Zika and to speed up legal issues that directly impact mil- are encouraging the closure of the live- development of a vaccine by a strong lions of Americans in terms of labor lihood exemption in the Security Coun- bipartisan vote of 68 to 29. force protections, business interests, cil resolution. It talks about Air Koryo Instead of the other body passing this and civil rights. These issues are more and its ability to skirt the sanctions to measure, the majority in both bodies important than political gamesman- help secure luxury goods that are agreed upon a bill that uses this public ship, and they need resolution now. banned by the sanctions. health crisis as an opportunity to at- If this obstructionism continues, I hope that other colleagues will tack the Environmental Protection American families and businesses will stand with me as we make sure that we Agency and make cuts to the Afford- face growing legal uncertainty as dis- are doing everything we can to stop the able Care Act, veterans’ health care, puted Federal laws apply differently actions of a regime that is bent on the and other provisions. This approach across States. This damage to our legal destruction of its neighbor South seeks to drain funds from critical system is unprecedented and could Korea—our great ally. It is bent on the health needs, which have not abated, as take years to undo. I urge my col- destruction of our allies around the re- a way to pay for the Zika emergency. leagues to do their job and allow a vote gion and certainly intent on finding Indeed, it is an emergency that re- on Chief Judge Garland’s nomination. the capability, the technology to de- quires an emergency response. The majority has also thwarted ef- liver one of those warheads to the U.S. In light of this failure, the adminis- forts to address the continuing epi- homeland. tration shifted all the funds it could to demic of gun violence in our country. This is an important issue for this the Zika efforts. As the head of the This year, nearly as many Americans generation. It is important that this Centers for Disease Control has noted, will lose their lives to guns as will be generation act and solve it before the these funds are now running out. It is killed in automobile accidents. Sadly, next generation bears the con- urgent that we pass a measure like the the number of gun deaths continues to sequences. one we already did that gives the pub- grow, fueled by easy access to lethal Mr. President, I yield the floor. lic health community the resources it firearms. The PRESIDING OFFICER. The Sen- needs to prevent further infections, This body could take action to limit ator from Rhode Island. treat those who have been affected, and the devastation to families in our com- f develop vaccines to limit future out- munities brought about by military- breaks. grade firearms that are too easily ADDRESSING CRITICAL MATTERS Unfortunately, Congress has taken a accessed. It is my hope that through an FACING OUR NATION similar approach of delay to the opioid honest, open dialogue, we can bridge Mr. REED. Mr. President, today I epidemic, severely underfunding efforts the divide and pass legislation—such as join many of my colleagues who have to combat this crisis. Like many Amer- closing the terror gap—in order to keep come to the floor to implore the lead- icans, I have seen the devastating im- our families and communities safe ership and my colleagues on the other pact the opioid crisis continues to have from the threat of gun violence.

VerDate Sep 11 2014 02:56 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.070 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5832 CONGRESSIONAL RECORD — SENATE September 15, 2016 Another area that I want to empha- There being no objection, the Senate products or their derivatives, or a major con- size is college affordability, where in- proceeded to consider the bill, which sumer of wildlife trafficking products. action has exacerbated a crisis in had been reported from the Committee (6) DEFENSE ARTICLE; DEFENSE SERVICE; SIG- NIFICANT MILITARY EQUIPMENT; TRAINING.—The which sending a child to college can on Foreign Relations, with an amend- terms ‘‘defense article’’, ‘‘defense service’’, ‘‘sig- often put families hopelessly in the ment to strike all after the enacting nificant military equipment’’, and ‘‘training’’ red. clause and insert in lieu thereof the have the meanings given such terms in section We all understand that education is following: 47 of the Arms Export Control Act (22 U.S.C. the engine that pulls this economy for- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 2794). ward, fulfills individual aspirations, (a) SHORT TITLE.—This Act may be cited as (7) IMPLEMENTATION PLAN.—The term ‘‘Imple- and makes America what it is. The the ‘‘Eliminate, Neutralize, and Disrupt Wildlife mentation Plan’’ means the Implementation United States invented modern public Trafficking Act of 2016’’. Plan for the National Strategy for Combating Wildlife Trafficking released on February 11, education and led the world in access (b) TABLE OF CONTENTS.—The table of con- tents for this Act is as follows: 2015, a modification of that plan, or a successor to higher education for generations. It plan. Sec. 1. Short title; table of contents. is a great irony that we are falling be- (8) NATIONAL STRATEGY.—The term ‘‘National Sec. 2. Definitions. hind. Strategy’’ means the National Strategy for Com- Rising college costs and student loan TITLE I—PURPOSES AND POLICY bating Wildlife Trafficking published on Feb- debt are putting America at risk. And Sec. 101. Purposes. ruary 11, 2014, a modification of that strategy, too many institutions lack account- Sec. 102. Statement of United States policy. or a successor strategy. ability, putting profit before providing TITLE II—REPORT ON MAJOR WILDLIFE (9) NATIONAL WILDLIFE SERVICES.—The term TRAFFICKING COUNTRIES ‘‘national wildlife services’’ refers to the min- a quality education to students. We istries and government bodies designated to Sec. 201. Report. need to revamp our system for financ- manage matters pertaining to wildlife manage- ing college, and we need to help fami- TITLE III—FRAMEWORK FOR ment, including poaching or trafficking, in a lies currently struggling under the INTERAGENCY RESPONSE focus country. weight of student loan debt. Sec. 301. Presidential Task Force on Wildlife (10) SECURITY FORCE.—The term ‘‘security Many of my colleagues, and I have Trafficking. force’’ means a military, law enforcement, gen- joined them, have put forth common- TITLE IV—PROGRAMS TO ADDRESS THE darmerie, park ranger, or any other security sense proposals to allow families to re- ESCALATING WILDLIFE TRAFFICKING force with a responsibility for protecting wildlife CRISIS and natural habitats. finance student loans at today’s low (11) TASK FORCE.—The term ‘‘Task Force’’ rates; to ensure that all Americans Sec. 401. Anti-poaching programs. means the Presidential Task Force on Wildlife have access to tuition-free community Sec. 402. Anti-trafficking programs. Trafficking, as established by Executive Order college; to strengthen the Pell grant Sec. 403. Engagement of United States diplo- 13648 (78 Fed. Reg. 40621) and modified by sec- matic missions. tion 201. and reduce the reliance on student Sec. 404. Community conservation. loans; and to ensure that States and in- (12) WILDLIFE TRAFFICKING.—The term ‘‘wild- TITLE V—TRANSITION OF OVERSEAS CON- life trafficking’’ refers to the poaching or other stitutions live up to their shared re- TINGENCY FUNDING TO BASE FUNDING illegal taking of protected or managed species sponsibilities in providing high quality Sec. 501. Sense of congress on funding. and the illegal trade in wildlife and their related and affordable higher education. These parts and products. solutions are badly needed, and the ma- TITLE VI—OTHER ACTIONS RELATING TO WILDLIFE TRAFFICKING PROGRAMS TITLE I—PURPOSES AND POLICY jority needs to work with us to do our SEC. 101. PURPOSES. job and not leave students and families Sec. 601. Amendments to Fisherman’s Protective Act of 1967. The purposes of this Act are— behind. (1) to support a collaborative, interagency ap- SEC. 2. DEFINITIONS. It is a great honor to serve the people proach to address wildlife trafficking; In this Act: of Rhode Island, and I know all of my (2) to protect and conserve the remaining pop- (1) APPROPRIATE CONGRESSIONAL COMMIT- ulations of wild elephants, rhinoceroses, and colleagues in the Senate feel the same TEES.—The term ‘‘appropriate congressional way about their respective States. Con- other species threatened by poaching and the il- committees’’ means— legal wildlife trade; gress has always faced an array of com- (A) the Committee on Foreign Relations and (3) to disrupt regional and global plex and varied challenges. We must the Committee on Appropriations of the Senate; transnational organized criminal networks and come together and find sincere solu- and to prevent the illegal wildlife trade from being tions to improve our country. (B) the Committee on Foreign Affairs and the used as a source of financing for criminal I say to my colleagues: It is long past Committee on Appropriations of the House of groups that undermine United States and global Representatives. time to get to work, to do your job, and security interests; (2) CO-CHAIRS OF THE TASK FORCE.—The term (4) to prevent wildlife poaching and traf- to act on these pressing problems. ‘‘Co-Chairs of the Task Force’’ means the Sec- They cannot wait any longer. ficking from being a means to make a living in retary of State, the Secretary of the Interior, focus countries; With that, Mr. President, I yield the and the Attorney General, as established pursu- (5) to support the efforts of, and collaborate floor. ant to Executive Order 13648. with, individuals, communities, local organiza- I suggest the absence of a quorum. (3) COMMUNITY CONSERVATION.—The term tions, and foreign governments to combat poach- The PRESIDING OFFICER. The ‘‘community conservation’’ means an approach ing and wildlife trafficking; clerk will call the roll. to conservation that recognizes the rights of (6) to assist focus countries in implementation The senior assistant legislative clerk local people to sustainably manage, or benefit of national wildlife anti-trafficking and poach- proceeded to call the roll. directly and indirectly from wildlife and other ing laws; and Mr. COONS. Mr. President, I ask natural resources and includes— (7) to ensure that United States assistance to (A) devolving management and governance to unanimous consent that the order for prevent and suppress illicit wildlife trafficking local communities to create positive conditions is carefully planned and coordinated, and that the quorum call be rescinded. for sustainable resource use; and it is systematically and rationally prioritized on The PRESIDING OFFICER. Without (B) building the capacity of communities for the basis of detailed analysis of the nature and objection, it is so ordered. conservation and natural resource management. severity of threats to wildlife and the willing- f (4) COUNTRY OF CONCERN.—The term ‘‘country ness and ability of foreign partners to cooperate of concern’’ refers to a foreign country specially effectively toward these ends. GLOBAL ANTI-POACHING ACT designated by the Secretary of State pursuant to SEC. 102. STATEMENT OF UNITED STATES POL- Mr. COONS. Mr. President, I ask subsection (b) of section 201 as a major source of ICY. unanimous consent that the Senate wildlife trafficking products or their derivatives, It is the policy of the United States— proceed to the immediate consider- a major transit point of wildlife trafficking (1) to take immediate actions to stop the ille- products or their derivatives, or a major con- ation of Calendar No. 459, H.R. 2494. gal global trade in wildlife and wildlife products sumer of wildlife trafficking products, in which and associated transnational organized crime; The PRESIDING OFFICER. The the government has actively engaged in or (2) to provide technical and other forms of as- clerk will report the bill by title. knowingly profited from the trafficking of en- sistance to help focus countries halt the poach- The legislative clerk read as follows: dangered or threatened species. ing of elephants, rhinoceroses, and other imper- A bill (H.R. 2494) to support global anti- (5) FOCUS COUNTRY.—The term ‘‘focus coun- iled species and end the illegal trade in wildlife poaching efforts, strengthen the capacity of try’’ refers to a foreign country determined by and wildlife products, including by providing partner countries to counter wildlife traf- the Secretary of State to be a major source of training and assistance in— ficking, designate major wildlife trafficking wildlife trafficking products or their derivatives, (A) wildlife protection and management of countries, and for other purposes. a major transit point of wildlife trafficking wildlife populations;

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(B) anti-poaching and effective management cluding missions, domestic and international or- TIES.—The Secretary of State and the Adminis- of protected areas including community man- ganizations, the private sector, and other global trator of the United States Agency for Inter- aged and privately-owned lands; partners, to implement the strategic plans re- national Development, in collaboration with the (C) local engagement of security forces in quired by paragraph (2) in each focus country; heads of other relevant United States agencies anti-poaching responsibilities, where appro- (4) not less frequently than annually, consult and nongovernmental partners where appro- priate; and coordinate with stakeholders qualified to priate, may provide assistance to focus countries (D) wildlife trafficking investigative tech- provide advice, assistance, and information re- to carry out the recommendations made in the niques, including forensic tools; garding effective support for anti-poaching ac- strategic plan required by section 301(a)(2), (E) transparency and corruption issues; tivities, coordination of regional law enforce- among other goals, to improve the effectiveness (F) management, tracking, and inventory of ment efforts, development of and support for ef- of wildlife law enforcement in regions and coun- confiscated wildlife contraband; fective legal enforcement mechanisms, and de- tries that have demonstrated capacity, willing- (G) demand reduction strategies in countries velopment of strategies to reduce illicit trade ness, and need for assistance. that lack the means and resources to conduct and reduce consumer demand for illegally trad- (b) AUTHORITY TO PROVIDE SECURITY ASSIST- them; and ed wildlife and wildlife products, and other rel- (H) bilateral and multilateral agreements and ANCE TO COUNTER WILDLIFE TRAFFICKING AND evant topics under this Act; and POACHING.— cooperation; (5) coordinate or carry out other functions as (1) IN GENERAL.—The President is authorized (3) to employ appropriate assets and resources are necessary to implement this Act. of the United States Government in a coordi- (b) DUPLICATION AND EFFICIENCY.—The Task to provide defense articles, defense services, and nated manner to curtail poaching and disrupt Force shall— related training to security forces of focus coun- and dismantle illegal wildlife trade networks (1) ensure that the activities of the Federal tries for the purpose of countering wildlife traf- and the financing of those networks in a man- agencies involved in carrying out efforts under ficking and poaching where appropriate. ner appropriate for each focus country; this Act are coordinated and not duplicated; (2) TYPES OF ASSISTANCE.— (4) to build upon the National Strategy and and (A) IN GENERAL.—Assistance provided under Implementation Plan to further combat wildlife (2) encourage efficiencies and coordination paragraph (1) may include intelligence and sur- trafficking in a holistic manner and guide the among the efforts of Federal agencies and inter- veillance assets, communications and electronic response of the United States Government to en- agency initiatives ongoing as of the date of the equipment, mobility assets, night vision and sure progress in the fight against wildlife traf- enactment of this Act to address trafficking ac- thermal imaging devices, and organizational ficking; and tivities, including trafficking of wildlife, hu- clothing and individual equipment, pursuant to (5) to recognize the ties of wildlife trafficking mans, weapons, and narcotics, illegal trade, the applicable provision of the Arms Export to broader forms of transnational organized transnational organized crime, or other illegal Control Act (22 U.S.C. 2751 et seq.) or the For- criminal activities, including trafficking, and activities. eign Assistance Act of 1961 (22 U.S.C. 2151 et where applicable, to focus on those crimes in a (c) CONSISTENCY WITH AGENCY RESPONSIBIL- seq.). coordinated, cross-cutting manner. ITIES.—The Task Force shall carry out its re- (B) LIMITATION.—Assistance provided under TITLE II—REPORT ON MAJOR WILDLIFE sponsibilities under this Act in a manner con- paragraph (1) may not include significant mili- TRAFFICKING COUNTRIES sistent with the authorities and responsibilities tary equipment. of agencies represented on the Task Force. SEC. 201. REPORT. (3) SPECIAL RULE.—Assistance provided under (d) TASK FORCE STRATEGIC REVIEW.—One (a) REPORT.—Not later than one year after paragraph (1) shall be in addition to any other year after the date of the enactment of this Act, the date of the enactment of this Act, and annu- assistance provided to the countries under any and annually thereafter, the Task Force shall ally thereafter, the Secretary of State, in con- other provision of law. submit a strategic assessment of its work and sultation with the Secretary of the Interior and provide a briefing to the appropriate congres- (4) PROHIBITION ON ASSISTANCE.— the Secretary of Commerce, shall submit to Con- sional committees that shall include— (A) IN GENERAL.—No assistance may be pro- gress a report that lists each country determined (1) a review and assessment of the Task vided under subsection (b) to a unit of a secu- by the Secretary of State to be a focus country Force’s implementation of this Act, identifying rity force if the President determines that the within the meaning of this Act. successes, failures, and gaps in its work, or that unit has been found to engage in wildlife traf- (b) SPECIAL DESIGNATION.—In each report re- of agencies represented on the Task Force, in- ficking or poaching. quired under subsection (a), the Secretary of cluding detailed descriptions of— (B) EXCEPTION.—The prohibition in subpara- State, in consultation with the Secretary of the (A) what approaches, initiatives, or programs graph (A) shall not apply with respect to a unit Interior and the Secretary of Commerce, shall have succeeded best in increasing the willing- of a security force of a country if the President identify each country listed in the report that ness and capacity of focus countries to suppress determines that the government of the country also constitutes a country of concern (as defined and prevent illegal wildlife trafficking, and is taking effective steps to hold the unit ac- in section 2(4)) . what approaches, initiatives, or programs have countable and prevent the unit from engaging (c) SUNSET.—This section shall terminate on not succeeded as well as hoped; and in trafficking and poaching. the date that is 5 years after the date of the en- (B) which foreign governments subject to sub- (5) CERTIFICATION.—With respect to any as- actment of this Act. sections (a) and (b) of section 201 have proven sistance provided pursuant to this subsection, TITLE III—FRAMEWORK FOR to be the most successful partners in suppressing the Secretary of State shall certify to the Com- INTERAGENCY RESPONSE and preventing illegal wildlife trafficking, mittee on Foreign Relations of the Senate and SEC. 301. PRESIDENTIAL TASK FORCE ON WILD- which focus countries have not proven to be so, the Committee on Foreign Affairs of the House LIFE TRAFFICKING. and what factors contributed to these results in of Representatives that such assistance is nec- (a) RESPONSIBILITIES.—In addition to the each country discussed; essary for the purposes of combating wildlife functions required by Executive Order 13648 (78 (2) a description of each Task Force member trafficking. agency’s priorities and objectives for combating Fed. Reg. 40621), the Task Force shall be in- (6) NOTIFICATION.—Consistent with the re- wildlife trafficking; formed by the Secretary of State’s annual report quirements of the Arms Export Control Act (22 required under section 201 and considering all (3) an account of total United States funding each year since fiscal year 2014 for all govern- U.S.C. 2751 et seq.) and the Foreign Assistance available information, ensure that relevant Act of 1961 (22 U.S.C. 2151 et seq.), the Secretary United States Government agencies— ment agencies and programs involved in coun- tering poaching and wildlife trafficking; of State shall notify the appropriate congres- (1) collaborate, to the greatest extent prac- sional committees regarding defense articles, de- ticable, with the national wildlife services, or (4) an account of total United States funding since fiscal year 2014 to support the activities of fense services, and related training provided other relevant bodies of each focus country to under paragraph (1). prepare, not later than 90 days after the date of the Task Force, including administrative over- submission of the report required under section head costs and congressional reporting; and SEC. 402. ANTI-TRAFFICKING PROGRAMS. 201(a), a United States mission assessment of the (5) recommendations for how to improve (a) INVESTIGATIVE CAPACITY BUILDING.—The threats to wildlife in that focus country and an United States and international efforts to sup- Secretary of State and the Administrator of the assessment of the capacity of that country to press and prevent illegal wildlife trafficking in United States Agency for International Develop- address wildlife trafficking; the future, based upon the Task Force’s experi- ment, in collaboration with the heads of other (2) collaborate, to the greatest extent prac- ence as of the time of the review. relevant United States agencies and commu- ticable, with relevant ministries, national wild- (e) TERMINATION OF TASK FORCE.—The statu- nities, regions, and governments in focus coun- life services, or other relevant bodies of each tory authorization for the Task Force provided tries, may design and implement programs in focus country to prepare, not later than 180 by this Act shall terminate 5 years after the date focus countries to carry out the recommenda- days after preparation of the assessment re- of the enactment of this Act or such earlier date tions made in the strategic plan required under ferred to in paragraph (1), a United States mis- that the President terminates the Task Force by section 301(a)(2) among other goals, with clear sion strategic plan that includes recommenda- rescinding, superseding, or otherwise modifying and measurable targets and indicators of suc- tions for addressing wildlife trafficking, taking relevant portions of Executive Order 13648. cess, to increase the capacity of wildlife law en- into account any regional or national strategies TITLE IV—PROGRAMS TO ADDRESS THE forcement and customs and border security offi- for addressing wildlife trafficking in a focus ESCALATING WILDLIFE TRAFFICKING cers in focus countries. country developed before the preparation of CRISIS (b) TRANSNATIONAL PROGRAMS.—The Sec- such assessment; SEC. 401. ANTI-POACHING PROGRAMS. retary of State and the Administrator of the (3) coordinate efforts among United States (a) WILDLIFE LAW ENFORCEMENT PROFES- United States Agency for International Develop- Federal agencies and non-Federal partners, in- SIONAL TRAINING AND COORDINATION ACTIVI- ment, in collaboration with other relevant

VerDate Sep 11 2014 02:56 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00105 Fmt 4624 Sfmt 6333 E:\CR\FM\A15SE6.049 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5834 CONGRESSIONAL RECORD — SENATE September 15, 2016 United States agencies, nongovernmental part- TITLE VI—OTHER ACTIONS RELATING TO life trafficking just a few short years ners, and international bodies, and in collabora- WILDLIFE TRAFFICKING PROGRAMS ago. tion with communities, regions, and govern- SEC. 601. AMENDMENTS TO FISHERMAN’S PRO- President Obama issued an Executive ments in focus countries, may design and imple- TECTIVE ACT OF 1967. order to combat wildlife trafficking ment programs, including support for Wildlife Section 8 of the Fisherman’s Protective Act of back in 2013, and Senator CARDIN and I Enforcement Networks, in focus countries to 1967 (22 U.S.C. 1978) is amended— held a joint hearing on the topic in 2014 carry out the recommendations made in the (1) in subsection (a)— strategic plan required under section 301(a)(2), (A) in paragraph (1), by inserting ‘‘, in con- when I chaired the African Affairs Sub- among other goals, to better understand and sultation with the Secretary of State,’’ after committee. Senator FLAKE, now the combat the transnational trade in illegal wild- ‘‘Secretary of Commerce’’; chair of the African Affairs Sub- life. (B) in paragraph (2), by inserting ‘‘, in con- committee, and I introduced this bill SEC. 403. ENGAGEMENT OF UNITED STATES DIP- sultation with the Secretary of State,’’ after together last December, and now we LOMATIC MISSIONS. ‘‘Secretary of the Interior’’; are excited to see it pass this body and As soon as practicable but not later than 2 (C) in paragraph (3), by inserting ‘‘in con- be one step closer to becoming law. years after the date of the enactment of this sultation with the Secretary of State,’’ after ‘‘, as appropriate,’’; Why is this bill important? Why does Act, each chief of mission to a focus country wildlife trafficking in Africa matter? should begin to implement the recommendations (D) by redesigning paragraph (4) as para- contained in the strategic plan required under graph (5); and Because nearly 100 elephants are killed section 301(a)(2), among other goals, for the (E) by inserting after paragraph (3) the fol- every single day so their ivory tusks country. lowing new paragraph: can be sold on the black market. Ivory ‘‘(4) The Secretary of Commerce and the Sec- SEC. 404. COMMUNITY CONSERVATION. now commands prices higher than her- retary of the Interior shall each report to Con- The Secretary of State, in collaboration with oin or gold, and it has become one of gress each certification to the President made by the United State Agency for International De- the principal ways of financing such Secretary under this subsection, within 15 velopment, heads of other relevant United States days after making such certification.’’; and transnational networks of terrorists agencies, the private sector, nongovernmental (2) in subsection (d), by inserting ‘‘in con- and of criminals. organizations, and other development partners, sultation with the Secretary of State,’’ after ‘‘as The tragic consequences for the Afri- may provide support in focus countries to carry the case may be,’’. can elephant were recently noted in a out the recommendations made in the strategic report that showed that the population plan required under section 301(a)(2) as such Mr. COONS. Mr. President, I ask recommendations relate to the development, unanimous consent that the com- of elephants across the continent scaling, and replication of community wildlife mittee-reported amendment be with- shrank by one-third in the last decade. conservancies and community conservation pro- drawn; the Coons amendment at the In 2014, more than 1,000 rhinoceroses grams in focus countries to assist with rural sta- desk be agreed to; and the bill, as were illegally killed in South Africa, a bility and greater security for people and wild- amended, be read a third time. several thousand-percent increase life, empower and support communities to man- The PRESIDING OFFICER (Mr. since the decade before. And as rhino age or benefit from their wildlife resources SASSE). Without objection, it is so or- horn and elephant tusks command out- sustainably, and reduce the threat of poaching rageous prices on the world market, and trafficking, including through— dered. (1) promoting conservation-based enterprises The committee-reported amendment the demand has driven both wildlife and incentives, such as eco-tourism and sustain- was withdrawn. poaching and trafficking steadily up- able agricultural production, that empower com- The amendment (No. 5078) in the na- ward. Until today, it has become a munities to manage wildlife, natural resources, ture of a substitute was agreed to. multibillion-dollar industry that and community ventures where appropriate, by (The amendment is printed in today’s threatens wildlife, fragile ecosystems, ensuring they benefit from well-managed wild- RECORD under ‘‘Text of Amendments.’’) and our national security. life populations; The amendment was ordered to be Wildlife poaching and trafficking is (2) helping create alternative livelihoods to engrossed, and the bill to be read a one of those problems about which it is poaching by mitigating wildlife trafficking, tempting to throw up our hands and helping support rural stability, greater security third time. for people and wildlife, sustainable economic de- The bill was read the third time. ask: What could we possibly do about velopment, and economic incentives to conserve Mr. COONS. Mr. President, I know of this? It happens on the other side of wildlife populations; no further debate on this measure. the world and it affects wildlife most of (3) engaging regional businesses and the pri- The PRESIDING OFFICER. If there us will never see in person. But we vate sector to develop goods and services to aid is no further debate, the bill having didn’t. And because of that, because of in anti-poaching and anti-trafficking measures; been read the third time, the question our persistence and determination and (4) working with communities to develop se- is, Shall the bill pass? because so many people on the com- cure and safe methods of sharing information The bill (H.R. 2494), as amended, was mittee staff in the Senate and in the with enforcement officials; (5) providing technical assistance to support passed. executive branch have devoted time sustainable land use plans to improve the eco- Mr. COONS. Mr. President, I ask and effort to coming up with a strategy nomic, environmental, and social outcomes in unanimous consent that the motion to and a pathway toward addressing it, we community-owned or -managed lands; reconsider be considered made and laid have lots of reasons today to be opti- (6) supporting community anti-poaching ef- upon the table. mistic. forts, including policing and informant net- The PRESIDING OFFICER. Without In President Obama, we have a Presi- works; objection, it is so ordered. dent engaged in the continent of Africa (7) working with community and national Mr. COONS. Mr. President, I am and committed to combating traf- governments to develop relevant policy and reg- going to take a few minutes, if I might, ficking and poaching. In Secretary ulatory frameworks to enable and promote com- munity conservation programs, including sup- to celebrate something that we, frank- Kerry, we have a former Senator who, porting law enforcement engagement with wild- ly, have a chance to celebrate far too when he was chairman of the Foreign life protection authorities to promote informa- rarely—a bipartisan legislative suc- Relations Committee, dedicated per- tion-sharing; and cess. sonal time and effort to highlighting (8) working with national governments to en- I am thrilled to be here to celebrate the issue of wildlife trafficking. As I sure that communities have timely and effective the passage of the End Wildlife Traf- mentioned, in 2013, the President cre- support from national authorities to mitigate ficking Act, a bill Senator FLAKE and I ated a task force on wildlife trafficking risks that communities may face when engaging have been working on for months since that produced a national strategy for in anti-poaching and anti-trafficking activities. it was introduced in December of last working together to combat wildlife TITLE V—TRANSITION OF OVERSEAS CON- year, an idea which we have been work- trafficking. Now, just today, we have a TINGENCY FUNDING TO BASE FUNDING ing on for well over a year. This bill strong bill—the End Wildlife Traf- SEC. 501. SENSE OF CONGRESS ON FUNDING. has been a long time in coming. ficking Act—that has passed the Sen- It is the sense of Congress that the President I first saw the tragic consequences of ate and is on its way to the House. and Congress should provide for an appropriate poaching and wildlife trafficking dec- Based on a recent conversation, I am and responsible transition for funding des- ignated for overseas contingency operations to ades ago when I was a young man in optimistic that Chairman ROYCE and traditional and regular annual appropriations, Kenya, and I first visited Africa with a Ranking Member ENGEL, of the House including emergency supplemental funding, as number of my colleagues on a trip to Foreign Affairs Committee, will move appropriate. look at the dramatic increase in wild- this forward in the week ahead. Both

VerDate Sep 11 2014 02:56 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.049 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5835 Chairman ROYCE and Ranking Member and substantive matter. Today, WRDA I would also like to recognize the ENGEL deserve great credit for passing passed by an overwhelming majority of grassroots leaders in Flint who realized a complementary bill in the House, and 95 to 3. there was a serious problem way before it is because they have already acted Today we took a critical step toward anyone else. LeeAnne Walters, Melissa on this that I am optimistic we will be making real investments in our Na- Mays, the Concerned Pastors of Flint, able to together reach our end goal. tion’s waterways, ports, harbors, eco- and many others. Despite being repeat- What exactly does that bill do? Let systems, and the infrastructure we rely edly dismissed and ignored, they kept me briefly say, it requires a strategy, on for our drinking water. We also talking and marching and battling to it authorizes an interagency approach made a statement that when a group of let the world know about the injustice. to working with the governments of people are suffering, our country must Senator STABENOW and her team have many countries affected by wildlife pull together to help. worked tirelessly with us on this effort trafficking, and it produces rec- Delivering assistance to Flint, MI, and to advance our package helping ommendations on how to address those and other communities suffering from Flint and other countries across the threats in coordination with non- poor drinking water quality is, frankly, country. She and I underwent weeks of governmental organizations. It author- quite overdue. We should have provided negotiations to carefully craft a bipar- izes the Secretary of State and the Ad- funding to fix Flint’s water infrastruc- tisan agreement, and we have a number ministrator of USAID to support ef- ture long ago, but today we have taken of Senators who were willing to work forts to combat poaching and wildlife a meaningful step toward the future, with us and truly wanted to find a solu- trafficking and to encourage commu- where the people of Flint, as well as tion. nity conservation programs—an initia- communities all across America, can Senator STABENOW’s staff, particu- tive, a direction, that Senator FLAKE turn on their taps and trust that it is larly Matt VanKuiken and Aaron and I have seen in person on the ground safe to use the water that comes out of Suntag, deserve a lot of credit for late in southern Africa. them. nights drafting legislative language It also includes strategic regular re- We cannot forget that right now the and making calls to negotiate a deal. views to monitor progress being made, people of Flint are still living in this Senators INHOFE and BOXER deserve and it gives prosecutors more tools to crisis. People are still depending on special gratitude for their creative go after individuals involved in high- bottled water and filters for everyday ideas and steadfast determination. value wildlife crime. Last, but not water needs. The health effects will I would also like to thank the Envi- least, it encourages diplomatic efforts last for decades to come. ronment and Public Works Committee around the world to try and reduce the Over the past year, I have regularly staff, including Alex Herrgott, Jason demand for wildlife trafficking and for heard from Flint families about their Albritton, Bettina Poirier, and Susan the markets that consume so much of ongoing struggles. Just this week, I Bodine, among others. Your long hours this illicit traffic, whether in China, heard from Flint residents who came to and commitment were critical to the Vietnam, Malaysia, or elsewhere. Fi- Washington. They came to share their bill’s passage. nally, it requires an annual report back stories and to keep up the fight for the I should also recognize the cospon- to us in Congress to let us know how Federal support their community sors of our bipartisan legislation, in- any taxpayer dollars appropriated in needs. These Americans continue to en- cluding Senators BROWN, PORTMAN, this fight against wildlife trafficking dure unimaginable circumstances with KIRK, REED, BURR, DURBIN, MIKULSKI, are being spent. both grace and dignity. CAPITO, and BALDWIN. This bill isn’t just good policy. In a The breadth and severity of the hard- I would like to recognize Senators Congress that is all too often paralyzed ships these families have faced are MURKOWSKI and CANTWELL and their by division and by dysfunction, the breathtaking, but I continue to hear staff who worked for weeks to help us passage of this act is an important ex- news stories that would shock all of us find a path forward on a bipartisan en- ample of what it can look like when we in this Chamber and push Congress to ergy bill. While this did not come to put good policy before partisan poli- finish our work to get this package fruition, we kept working hard to find tics. signed into law. a path forward. We didn’t let one road- I want to briefly thank the staff of This week I heard from one Flint block stand in the way. We kept on Senators CORKER and CARDIN; my own mother who told me a story about her fighting for Flint, just like the families staff, including Lisa Jones, who spent a 10-year-old daughter with aching bones in Flint keep on fighting. great deal of time on this; the staff of and teeth. Lead and calcium compete So while I am pleased the Senate fi- Senator FLAKE, Colleen Donnelly and for the same locations in the body and nally passed this bipartisan, fully paid- Sarah Towles; and three terrific people, are stored in bone tissue. This is one of for legislation to provide much needed all of them AAAS fellows who have the many reasons lead exposure is espe- support for Flint families, we now need helped bring this bill to passage: Rosa cially devastating to growing children. to redouble our efforts to get it done Mutiso, Allie Schwier, and Leah Rubin Try to imagine the horror of seeing and get it over the finish line. Shen, who has moved from being an your daughter’s teeth crumble while I urge my colleagues in the House to AAAS fellow to my office and has done biting into a sandwich. This is what swiftly pass similar assistance to Flint a terrific job getting us to the finish the people of Flint are living with. The and other communities across the line today. girl’s blood lead levels, even recently, country. This bill is the best way for us I am so grateful for all of the work of were up and down, and she takes large to help them make critical invest- the dedicated folks in Congress and in supplements to improve her bone ments in their aging water infrastruc- the executive branch who have made strength. As these Flint residents con- ture. this possible. tinue to tell their stories, we must not I thank my colleague Congressman Thank you very much. let their reality fade from the minds of KILDEE, who has been Flint’s most Mr. President, I yield the floor. this Nation. As a nation, we can do bet- steadfast champion in the U.S. House. The PRESIDING OFFICER. The Sen- ter than this. We must take care of our He has worked with Senator STABENOW ator from Michigan. own. and me to secure Federal resources for f As we pause to recognize the weight Flint families, and I know he is work- of our actions today, we must recog- ing hard with his House colleagues to WRDA nize and remember the people who have pass legislation to aid Flint. Mr. PETERS. Mr. President, I rise to been fighting for a very long time. Local elected officials, such as State applaud the Senate for passing earlier I would like to recognize Dr. Mona Senator Jim Ananich, State Represent- today the Water Resources Develop- Hanna-Attisha, Dr. Marc Edwards, and ative Sheldon Neeley, and Mayor Karen ment Act of 2016, better known as Miguel Del Toral for their tireless Weaver continue to battle for their WRDA. It is important to pause for a work to identify and shine a light on constituents, secure resources to fix moment and appreciate the fact that the crisis of Flint last year, as well as problems, and shine a light on all of we were able to come together in such for all of their advocacy and work since the many positive aspects of the city of a bipartisan way on such an important then. Flint.

VerDate Sep 11 2014 02:56 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.074 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5836 CONGRESSIONAL RECORD — SENATE September 15, 2016 I know other Members of the Michi- PROMESA establishes an eight-member Con- data to assist the Task Force in analyzing gan delegation and of other States are gressional Task Force on Economic Growth the economic and financial environment in committed, but now is the time to step in Puerto Rico (hereafter, ‘‘Task Force’’). the territory. The Task Force has two basic charges: Task Force staff have also been in contact up to the plate and show that we will 1. To issue, between September 1, 2016 and with entities within Puerto Rico, including follow through on our responsibilities September 15, 2016, a status update to the the Puerto Rico Institute of Statistics as representatives of the people. House and Senate that includes— (Instituto de Estadı´sticas de Puerto Rico), to Finally, if we are to solve this crisis, a. information the Task Force has col- obtain the best available information about the State of Michigan must step up lected; and Puerto Rico’s economic and fiscal situation. with substantial long-term support for b. a discussion on matters the chairman of Like other observers, the Task Force is the people of Flint and help them fully the Task Force deems urgent for consider- concerned about the relative lack of reliable recover in the years and decades ahead. ation by Congress. data pertaining to certain aspects of the eco- 2. To issue, not later than December 31, nomic, financial, and fiscal situation in This disaster happened on their watch, 2016, a report of Task Force findings to the Puerto Rico, which are necessary for produc- and it is an immense failure on the House and Senate regarding— tive analyses that may lead to sound public part of the State of Michigan to pro- a. impediments in current Federal law and policy recommendations. tect the health and safety of its city’s programs to economic growth in Puerto Rico Therefore, the Task Force intends to ana- residents. including equitable access to Federal health lyze the extent to which Federal statistical Despite the grim facts of this trag- care programs; products that measure economic and finan- edy, some day in the future I hope we b. recommended changes to Federal law cial activity in the states might also provide and programs that, if adopted, would serve equivalent information for Puerto Rico and will look back at today and say it was to spur sustainable long-term economic other territories, and the Task Force intends a milestone and a turning point. I am growth, job creation, reduce child poverty, to explore ways in which any such data gaps optimistic that we will. This is not the and attract investment in Puerto Rico; can be responsibly closed. end of our efforts for Flint. This is the c. the economic effect of Administrative Task Force Email Portal beginning of making things right. Order No. 346 of the Department of Health of The Task Force established an email por- We won’t stop fighting for what is the Commonwealth of Puerto Rico (relating tal—[email protected]—and issued best for Flint families. I urge all of my to natural products, natural supplements, press releases calling on stakeholders to sub- colleagues to continue working to in- and dietary supplements) or any successor or mit their input to this portal. These written substantially similar order, rule, or guidance vest in critical water infrastructure so submissions, from both the public and pri- of the Commonwealth of Puerto Rico; and vate sectors, will be useful to the Task Force that we never, ever see a crisis like d. additional information the Task Force as it works to arrive at bipartisan rec- this again anywhere in our country. deems appropriate. ommendations. All submissions will be con- I yield the floor. Further, PROMESA urges the Task Force’s sidered part of the public record and the final report to reflect the shared views of all I suggest the absence of a quorum. Task Force intends to publish them prior to eight members ‘‘to the greatest extent prac- The PRESIDING OFFICER. The or along with its final report. To date, the ticable.’’ PROMESA also directs the Task clerk will call the roll. Task Force has received approximately 335 Force to consult with the Puerto Rico Legis- The legislative clerk proceeded to submissions to the email portal from indi- lative Assembly, the Puerto Rico Depart- viduals and organizations representing a call the roll. ment of Economic Development and Com- wide variety of interests. Task Force staff Mrs. CAPITO. Mr. President, I ask merce, and the private sector of Puerto Rico. have begun analyzing these submissions and unanimous consent that the order for Task Force Members were selected in July the quorum call be rescinded. will continue to do so as the year progresses. in accordance with specifications in The Task Force initially announced a The PRESIDING OFFICER. Without PROMESA, and are as follows: Senator Orrin deadline for submission to the email portal objection, it is so ordered. Hatch, (R–UT); Senator Robert Menendez (D– of September 2, 2016. The Task Force has NJ); Senator Marco Rubio (R–FL); Senator f since extended the deadline until October 14, Bill Nelson (D–FL); Representative Tom 2016 in order to cast the widest net possible PUERTO RICAN TASK FORCE’S MacArthur (R–NJ); Resident Commissioner and to ensure that stakeholders have ample INTERIM REPORT Pedro Pierluisi (PR); Representative Sean opportunity to provide input. Duffy (R–WI); Representative Nydia Mr. HATCH. Mr. President, pursuant Vela´ quez (D–NY). Federal Agencies to section 409 of the Puerto Rico Over- This report provides the status update pur- As a U.S. jurisdiction, Puerto Rico is af- sight, Management, and Economic Sta- suant to the Task Force’s first basic charge, fected by Federal laws enacted by Congress bility Act, or PROMESA, P.L. 114–187, highlighting information the Task Force has and administered by Federal agencies. Ac- the bipartisan Congressional Task collected and outlining the Task Force’s on- cordingly, the Task Force, in order to fulfill Force on Economic Growth in Puerto going activities related to information gath- its charges under PROMESA, will require ering, analysis of policy options, and com- input and cooperation from various Federal Rico has been charged with compiling a agencies and offices Task Force staff have report by December 31, 2016, that iden- munication with stakeholders. Residents of Puerto Rico and their families begun, and will continue, to contact congres- tifies impediments to growth and rec- face numerous challenges to economic sional liaisons from Federal agencies and of- ommends changes to promote long- growth along many dimensions affected by fices to schedule briefings and facilitate in- term economic growth and stability, Federal law and programs, including health formation sharing. spur new job creation, reduce child care, government finances, economic stagna- Thus far, Task Force staff have contacted poverty, and attract investment in the tion, population loss, and sectoral inefficien- officials at the U.S. Department of Health territory. cies. In addition, Puerto Rico is confronting and Human Services, including the Centers challenges shared with several states related for Medicare and Medicaid Services, to open The statute also requires submission a dialogue regarding Federal health policy of an interim report on the status of to the Zika virus and faces the highest num- ber of confirmed cases of any U.S. jurisdic- and its impact on Puerto Rico. Task Force the task force’s efforts to the House tion. Task Force Members are actively work- staff have also contacted officials at the U.S. and Senate. As chairman of the task ing to arrive at a consensus in order to pro- Department of Commerce, the U.S. Depart- force and after having submitted this vide Congress with findings and rec- ment of Labor, and the Federal Housing Fi- report to leadership of both parties in ommendations as called for under nance Agency to discuss a range of topics, the Senate and the House, I ask unani- PROMESA. including the inclusion, or lack thereof, of Puerto Rico in economic measures com- mous consent that the report be print- Information the Task Force has collected: monly used to gauge economic and financial ed in the RECORD. Data activities in states. The U.S. Department of There being no objection, the mate- Task Force staff convened a meeting with Energy, the U.S. Environmental Protection rial was ordered to be printed in the researchers from the Federal Reserve Bank Agency, the U.S. Small Business Administra- RECORD, as follows: of New York to discuss sources of data on tion, and the U.S. Department of the Treas- CONGRESSIONAL TASK FORCE ON ECONOMIC Puerto Rico’s economy and financial activi- ury have also been contacted to discuss crit- GROWTH IN PUERTO RICO ties. The Federal Reserve Bank of New York ical energy, environmental, health, and eco- oversees the Second District of the Federal nomic issues. Task Force staff expect to con- STATUS UPDATE TO THE HOUSE AND SENATE Reserve System, which includes Puerto Rico. tact officials at additional Federal agencies Background: Researchers and analysts at the Federal Re- to obtain pertinent information. On June 30, 2016, the ‘‘Puerto Rico Over- serve Bank of New York have a long history Task Force Members urge all Federal sight, Management, and Economic Stability of monitoring economic and financial devel- agencies and offices contacted by Task Force Act,’’ or ‘‘PROMESA,’’ was signed into law opments in Puerto Rico and provided useful staff to recognize the relatively brief time (Public Law 114–187). Section 409 of information to Task Force staff on available period in which the Task Force is required to

VerDate Sep 11 2014 02:56 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.076 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5837 operate, and welcome prompt responses to for internal debate and action within Louisiana’s most pressing issues, in- requests for information and willingness to the industry and among its members. cluding the State’s budget crisis, his- meet with Task Force staff on short notice It also publishes an industry magazine toric flood events that have damaged to provide background and briefing mate- to provide news and information to its more than 100,000 homes throughout rials. Moreover, Task Force Members empha- size the need for bipartisan cooperation as members. And by providing loans to the State, and several tornadoes that the Task Force works to arrive at findings Kentucky businesses, they enable fu- have impacted many of the State’s and recommendations. ture business growth and spur the cre- most vulnerable residents. In addition Congressional Support ation of new jobs. to managing the response to these cri- The Task Force expects to benefit from the KBA has served its members for 125 ses, Governor Edwards is implementing support of available congressional support years, and many of KBA’s member programs that are critical to the suc- offices, most notably the Joint Committee banks have also been serving their cus- cess and well-being of Louisiana resi- on Taxation (JCT), the Congressional Budget tomers for a long time. The oldest dents, such as Medicaid expansion and Office (CBO), and the Library of Congress’s bank chartered in Kentucky was estab- major infrastructure development Congressional Research Service (CRS). lished in 1835, making it 181 years old. projects. Task Force staff have contacted JCT, And the average age of Kentucky char- Governor Edwards is married to his which will provide a briefing in the near tered banks is 84 years old. Kentuck- high-school sweetheart, Donna term to discuss the application of Federal tax policy in Puerto Rico, as well as indi- ians who bank with KBA’s members Edwards, and they have three beautiful vidual, corporate, and other tax proposals have counted on and appreciated their children: Samantha Bel, Sarah Ellen, put forward in recent years by stakeholders high level of service for generations. and John Miller. I join the Governor’s in Puerto Rico and in Congress. Staff have I also want to congratulate my friend family, friends, and the residents of reached out to CRS researchers for updates Ballard Cassady, the president and CEO Louisiana in wishing him a very happy on previously-issued CRS reports related to of KBA, as he has served in that posi- 50th birthday. His dedication to Lou- Puerto Rico and have scheduled briefings on tion for 30 years. His dedication to the isiana is commendable, and I look for- a number of germane issues. KBA is equaled only by KBA member ward learning about his future success Offices and Agencies in Puerto Rico banks’ dedication to their customers. on behalf of the residents of Louisiana As noted above, PROMESA specifically re- Kentucky community banks are inte- and all Americans. quires the Task Force to consult with the gral parts of the local neighborhoods f Puerto Rico Legislative Assembly, the Puer- they serve. And the KBA plays a vital to Rico Department of Economic Develop- role in representing these community WATER RESOURCES ment and Commerce, and the private sector DEVELOPMENT ACT OF 2016 of Puerto Rico. financial institutions. I want to extend Task Force staff have begun outreach to my gratitude to the KBA, Mr. Cassady, Mr. DURBIN. Mr. President, I want leaders of the Puerto Rico Legislative As- and KBA leadership for 125 years of to take a few minutes to celebrate the sembly, and welcome any input and rec- service to Kentucky’s community fi- bipartisan passage of this year’s Water ommendations that they wish to provide. nancial institutions and their con- Resources Development Act. This criti- Task Force staff have also contacted the sumers. And I wish to thank KBA’s cally important legislation will help Secretary of the Puerto Rico Department of member banks across the Common- keep our drinking water safe, move Economic Development and Commerce, and wealth for their long-standing commit- goods on Illinois waterways, protect welcome input and recommendations from communities from flooding and pre- the Secretary and other officials at the agen- ment to the people of Kentucky. cy. Similarly, Task Force staff have con- f serve the precious natural resources that are our rivers, streams, and wet- tacted the Secretary of the Puerto Rico De- TRIBUTE TO JOHN BEL EDWARDS partment of Health to obtain input with re- lands. spect to the Department’s Administrative Mr. REID. Mr. President, today I rec- Our Nation’s water infrastructure Order No. 346. Consultation with entities in ognize Governor John Bel Edwards, plays a vital role in protecting our the private sector of Puerto Rico has also who is celebrating his 50th birthday on communities from flooding, safe- been ongoing and will continue throughout September 16, 2016. guarding our drinking water from con- this process. Governor Edwards is a committed tamination, and advancing commerce f public servant who has dedicated his through the safe and secure movement career to improving the lives of Lou- of goods. The safety of the American TRIBUTE TO THE KENTUCKY isiana residents. A Louisiana native, people and the stability of the Amer- BANKERS ASSOCIATION Governor Edwards graduated from ican economy depend on the reliability Mr. MCCONNELL. Mr. President, I Amite High School as valedictorian of of our water infrastructure. rise today to extend my thanks and his class. After graduating from the But our water infrastructure in the congratulations to a venerable Ken- U.S. Military Academy at West Point 4 U.S. is aging and overburdened, and in- tucky business trade association that years later, he bravely served our coun- vestment is not keeping up with the is celebrating a milestone anniversary try as an airborne ranger in the U.S. need. We have locks and dams that are of service to its members and its cus- Army. Following his service, Governor crumbling, in serious need of mainte- tomers. The Kentucky Bankers Asso- Edwards attended law school at Lou- nance and upgrades, and lead water ciation, a nonprofit trade association isiana State University, where he grad- pipes that are long overdue for replace- serving Kentucky’s community finan- uated Order of the Coif, the prestigious ment. What happened in Flint has cial services industry, celebrates its honor society for our Nation’s bright- shown just how vulnerable our water 125th anniversary this October. est law school graduates. infrastructure is and why investing in Founded in October of 1891, the Ken- In 2008, Governor Edwards was elect- it is so important. That is why I was tucky Bankers Association, KBA, rep- ed to the Louisiana House of Rep- proud to support the passage of the resents State and federally chartered resentatives. Throughout his tenure, Water Resource and Development Act banks and thrifts. It has 185 member he worked diligently to ensure that the of 2016, which makes significant invest- banks, 167 of which are headquartered needs of Louisiana residents were met. ments in water infrastructure around in Kentucky. Not only do KBA’s mem- His Democratic colleagues recognized the country. ber banks provide high-quality service his unwavering commitment to public I am proud to report that much of to the people of the Commonwealth, service and his steadfast leadership the water infrastructure funding in but they also employ more than 23,000 ability, and they elected him as chair- this bill will benefit my home State of Kentuckians. man of the Louisiana House Demo- Illinois. The bill authorizes a final fea- The purpose of the Kentucky Bank- cratic Caucus. sibility report on phase II of the Des ers Association is to provide advocacy It comes as no surprise that Governor Plaines River Project, which will pro- for the financial services industry both Edwards has already achieved a num- vide flood risk management and envi- in Kentucky and on the national level. ber of accomplishments on behalf of ronmental restoration on the Upper The organization also serves as a fount Louisiana since he became the Gov- Des Plaines River and tributaries in Il- of information to its members on the ernor of the State in January 2016. He linois and Wisconsin. The bill also in- banking industry and acts as a catalyst has led State legislators in addressing cludes language that expedites the

VerDate Sep 11 2014 02:56 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.053 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5838 CONGRESSIONAL RECORD — SENATE September 15, 2016 completion of the McCook Reservoir in improve our waterways, and fix the Na- Again, I would like to congratulate the Chicago region. McCook is a 10-bil- tion’s crumbling water infrastructure. Georgia on reaching this significant lion-gallon reservoir designed to redi- I want to congratulate Chairman milestone and recognize the impor- rect flood and wastewater from the INHOFE and Ranking Member BOXER for tance of our continued close partner- Chicago region. When completed, the their hard work and dedication to im- ship. project will benefit Chicago and 36 sur- proving our water infrastructure and f rounding suburbs, including 1.5 million for getting this bill passed by the Sen- GROWTH AWARENESS structures and over 5 million people. ate. I am proud to support the impor- Also included is language that will help tant investments that this bipartisan Mr. KIRK. Mr. President, today, on pay for work on the Lockport Prairie bill makes to improve water infra- behalf of every child who suffers from Nature Preserve and the Prairie Bluff structure in Illinois and around the growth disorders, I ask my colleagues Preserve in Will County. These are im- country. to join me in recognizing this week, September 19 through 23, as Growth portant projects for Illinois that will f help prevent flooding in our commu- Awareness Week. nities and restore our region’s eco- U.S. PARTNERSHIP WITH GEORGIA Tracking a child’s growth is critical systems. Mrs. SHAHEEN. Mr. President, Geor- as it is a major sign of his or her over- In Illinois, we treasure Lake Michi- gia is a trusted friend and steadfast all health. When their growth is de- gan, from the drinking water it pro- partner of the United States. I firmly layed, it is an indicator of potential vides to millions of people, to the com- support Georgia’s sovereignty, secu- underlying medical disorders. In fact, merce and tourism it brings to the Chi- rity, and prosperity, and I wish to con- more than 600 serious diseases and cago area. That is why protecting and gratulate Georgians on the remarkable health conditions, ranging from nutri- restoring our Great Lakes is so impor- democratic and economic progress they tional disturbances and hormone im- tant to Illinois. This bill authorizes have achieved in 25 years of independ- balances to unidentified kidney prob- $300 million per year to help protect ence since the fall of the Soviet Union. lems and brain tumors, can cause our Great Lakes through the Great I would particularly like to call at- growth failure. Unfortunately, the two Lakes Restoration Initiative, or GLRI, tention to our unwavering security most common causes of growth failures which provides Illinois with millions in partnership with Georgia, whose frequently go undiagnosed, even in Federal funding to combat invasive Armed Forces participate in inter- children who are evaluated. species like Asian carp; reduce and re- national missions worldwide, including By failing to diagnose the cause of move pollution, waste runoff, and toxic the Resolute Support Mission in Af- growth failure, the potential for dam- chemicals; and restore wetlands and ghanistan, where Georgia is contrib- age and high costs of care increases. By other lakefront assets. GLRI funds uting more personnel than any other contrast, early detection and diagnosis have been used for restoration projects non-NATO member. I know the United can ensure a healthy future for chil- like the removal of toxic chemicals States deeply appreciates Georgia’s dren with growth failures. That is why raising public awareness and education from Waukegan Harbor, green infra- contributions to these missions and about growth failure is so important. structure like the Millennium Reserve honors its sacrifices. I commend the MAGIC Foundation Our important security relationship near the Calumet River, and the res- for their great work and look forward with Georgia continues to grow. toration of 40 acres of land at North- to working with my colleagues to im- Through ongoing regional efforts like erly Island. prove the lives and health of children Finally, this bill takes important the European Readiness Initiative and in Illinois and across the country. steps to address the water contamina- expanded bilateral cooperation, as laid tion issues that have been plaguing out in the new defense agreement f communities across the country. Lead signed in July, the United States and NATIONAL TRUCK DRIVER water contamination is not a new prob- Georgia are working ever more closely APPRECIATION WEEK lem. In Illinois, we have been battling to boost our mutual security, build Mrs. FISCHER. Mr. President, today this issue for years. The contaminated Georgia’s resilience and self-defense ca- I wish to recognize America’s profes- water crisis in Flint, MI, was a wakeup pabilities, and create a safer region and sional truck drivers who serve our Na- call to all of us that we must have world. In this context, I remain deeply tion by safely delivering such vital strong drinking water protections in concerned about Russia’s continued oc- goods as the clothes we wear, the food place and invest the necessary re- cupation of Abkhazia and South we eat, and the medicine we rely on. sources to keep our water safe for our Ossetia and believe Russia must fulfill This week, September 11 through 17, children. This bill provides $220 million its obligations under the 2008 ceasefire is designated as National Truck Driver in direct emergency assistance to Flint agreement. The United States is stead- Appreciation Week to honor the 3.5 and other communities facing similar fast in our support for Georgia’s sov- million professional truck drivers in drinking water emergencies. It pro- ereignty and remains committed to the United States. According to the vides $1.4 billion over 5 years to help helping Georgia achieve its goal of American Trucking Associations, the small and disadvantaged communities NATO and European Union member- trucking industry employs more than 7 comply with the Safe Drinking Water ship and full integration into European million people, making it not only es- Act. The bill modernizes our State Re- institutions. sential to our economy, but also one of volving Loan Fund program and pro- Georgia is preparing for parliamen- our country’s largest employers. vides $300 million in grants for commu- tary elections in October, an important In Nebraska, the trucking industry nities to replace lead service lines. And test of the country’s civic institutions employs nearly 63,000 men and women because we are also seeing high levels and democratic practices. Georgia’s who safely deliver essential goods from of lead in our schools’ water, the bill continued democratic maturation de- Scottsbluff to Lincoln and everywhere authorizes $100 million for additional pends on free and fair elections con- in between. lead testing in schools. This bill also tested in a pluralistic media environ- Trucking is a major driver of our addresses many of the issues that I ment. I also believe it is critical for economy, responsible for nearly 70 per- raised in the Lead-Safe Housing for Georgia to sustain progress in enacting cent of the total U.S. freight tonnage. Kids Act that I introduced with Sen- its reform agenda, particularly in the More than 80 percent of communities ator MENENDEZ and the CLEAR Act justice sector, which will both further rely solely on the trucking industry for that I introduced with Senator CARDIN, strengthen our bilateral partnership their goods and commodities. two bills that would ensure our chil- and prove to Georgians that their gov- America’s truck drivers are dedicated dren are protected from the dangerous ernment is working for them. Progress to keeping our highways safe. They fol- effects of lead in our water and our has not come without difficulty, but low stringent safety regulations, at- housing. the commitment of the Georgian peo- tend frequent training programs, and Congress has a responsibility to pro- ple has made Georgia a true standout educate the motoring public to help tect the safety of our drinking water, in a difficult region and an important them drive safely around tractor-trail- defend our communities from flooding, partner of the United States. ers.

VerDate Sep 11 2014 01:18 Sep 17, 2016 Jkt 049060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\RECORD16\SEP2016\S15SE6.REC S15SE6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5839 America’s truck drivers sacrifice pre- sary of Loring Jobs Corps Center in Schiavelli in California, where he was cious time with their families while de- Limestone, ME. This center is a sub- born and raised. Prior to law school, he livering their products to millions sidiary of the Department of Labor’s worked as a legislative assistant in my more. This week, we pause to say national Jobs Corps program, which personal office for 3 years. Mike earned thank you. provides vocational training, edu- his J.D. from the University of Vir- I salute these fine professionals and cation, and opportunity to our Nation’s ginia School of Law and his B.A. cum their families for their dedication to at-risk youth. Over the past two dec- laude with distinction in history from delivering life’s essentials safely and ades, the Loring Jobs Corps has been Yale University. He is a member of Phi securely. an important part of that noble effort. Beta Kappa and has been admitted to f Throughout our great Nation, young practice law in California and the Dis- people face roadblocks to their per- trict of Columbia. 20TH ANNIVERSARY OF THE sonal and vocational success. Recog- Mike’s accomplishments on the In- LORING JOB CORPS CENTER IN nizing that every member of society telligence committee were extensive, LIMESTONE, MAINE has potential if given opportunity, many of which were completed behind Ms. COLLINS. Mr. President, on Oc- Jobs Corps gives people the skills they the scenes in furtherance of the com- tober 1, 1996, the first students arrived need to overcome these problems and mittee’s oversight mandate. Two im- at the new Loring Job Corps Center in create better engaged members of soci- portant public reports on which Mike Limestone, ME. It is a pleasure to rec- ety. Through their efforts, they have was involved were the 2010 report on ognize this milestone 20th anniversary inspired self-confidence and a sense of Attempted Terrorist Attack on North- of this program, dedicated to helping commitment to the community in the west Airlines Flight 253 and the 2013 disadvantaged young people develop lives of their members. Through mili- SSCI Review of Terrorist Attacks on the determination, abilities, and char- tary service, higher education, or the U.S. Facilities in Benghazi. Both re- acter to succeed. workforce, graduates of the Jobs Corps ports were critical in helping improve In the two decades since its founding, have been able to make a difference in our understanding of these attacks and the Loring Job Corps Center has grad- the world and been an inspiration for how the U.S. Government and the in- uated more than 10,500 students. countless others. telligence community can prepare for Whether they go on to the workforce, Since its opening in 1996, Loring Jobs them in the future. higher education, or the military, Corps Center has been at the forefront The sheer volume of other committee these graduates take with them the of the effort to improve the lives of dis- activities in which Mike was engaged skills, self-confidence, and resolve to advantaged young people and provides are too numerous to mention. Suffice overcome the setbacks, obstacles, and them with the skills necessary to it to say that he was an integral part of failures that are part of life. The focus thrive in their communities. Through my intelligence team, supporting me on community service at Loring helps career training and education, Loring and the committee in the enactment of to create the engaged citizens that are Jobs Corps has helped over 10,500 stu- seven consecutive intelligence author- so important to Maine’s future. dents to a brighter, fuller future and ization bills and overseeing the most In addition to providing training and stands poised to help thousands more. complex activities undertaken by our education, Loring Job Corps has devel- A testament to the program’s success, government. He has unmatched passion oped a nationally recognized the Loring Center has even become one for congressional oversight, for the in- premilitary program and is one of the of the highest military placement Job telligence community, and for this highest military placement Job Corps Corps centers in the country. country’s national security. Mike not centers in our Nation. This is a fitting I like to think of Maine as one big only served me well, but was the con- tribute to the namesake of the former small town. As such, we all have a re- summate professional with all mem- Air Force base on which the center is sponsibility to help disenfranchised bers and committee staff on both sides located: MAJ Charles Loring, a Maine youth in our communities, and the of the aisle. native who was awarded the Medal of Loring Jobs Corps has gone above and Mike will continue to further his Honor posthumously for heroism in the beyond in accepting this responsibility. government career by accepting a posi- Korean war. Two years ago, the Loring I thank the center for its consistent tion within the U.S. Department of Job Corps Center reaffirmed its respect dedication to at-risk youth, commend Justice’s National Security Division. I for those who serve our Nation by re- them for their long record of service, am certain the Department will find dedicating its dining center, Dahlgren and wish them the best of success for him to be a shining light, committed to Hall, in memory of LT Edward Dahl- years to come. protecting this country and its citi- gren, a World War II Medal of Honor re- f zens. It is also important for me to ac- cipient from nearby Perham, ME. knowledge the support Mike has re- Young people today face a great TRIBUTE TO MICHAEL F. BUCHWALD ceived from his fiance´e and now wife, many challenges and threats to their Jamie Lynn Poslosky. I thank her for well-being, and Job Corps students at Mrs. FEINSTEIN. Mr. President, allowing Mike to spend many late Loring and throughout the Nation are today I wish to pay tribute to Mike nights in the office meeting the over- no exception. It is essential that Con- Buchwald, a dedicated member of my sight demands of the Intelligence Com- gress continues to work with the De- staff for over 9 years. Mike has served mittee. partment of Labor to strengthen poli- in my personal office, as my counsel, I am pleased to have this opportunity cies to better ensure the safety of the and finally, as deputy staff director for to publicly thank Mike and to wish young men and women who enter the oversight and policy on the Senate Se- him the very best in all his future en- Job Corps to better their lives. lect Committee on Intelligence. Over deavors. I will miss his insights and his The national Job Corps program was this time period, Mike has displayed a ability to always have the right docu- founded more than a half-century ago work ethic like none other. I have ment at hand for any discussion or de- on the noble idea that, if given the op- come to rely deeply on his attention to liberations. Thank you, Mike, for your portunity, the support, and the train- detail and exceptional command of the many years of service and dedication ing, America’s at-risk young people Nation’s intelligence analysis. both to the country and to me person- could overcome any obstacles and Before joining the committee, Mike ally. achieve. For 20 years, Loring Job Corps served an associate at the inter- graduates have turned that idea into national law firm of O’Melveny & f reality. I congratulate the faculty, Myers, where he specialized in crimi- staff, and students for this accomplish- nal, congressional, and internal inves- ment and offer my best wishes for con- tigations of corporations and nonprofit TRIBUTE TO ANNETTE MARIE tinued success. entities as a member of the white-col- GILLIS Mr. KING. Mr. President, today I join lar defense and strategic counseling Mr. ISAKSON. Mr. President, as my esteemed colleague, Senator COL- groups. He served as a law clerk for chairman of the Select Committee on LINS, in recognizing the 20th anniver- Federal District Judge George P. Ethics, on behalf of the members of the

VerDate Sep 11 2014 05:15 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.065 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5840 CONGRESSIONAL RECORD — SENATE September 15, 2016 committee and its staff, it is my privi- Rob Noel started in our office’s com- the message to ‘‘call if you can, text if lege to give public notice and honor- munications shop, often rising before you can’t.’’ able mention to the outstanding serv- the sun to see what was in the news With this month’s announcement, ice that Annette Marie Gillis, deputy and to make sure my staff and I had New Jersey leads the way as the fifth staff director, has provided to the com- the latest info on the issues of the day. State to implement text to 911 in the mittee and the Senate for the past 36 Over time, his duties would grow, even- entire Nation. This major achievement years. tually becoming our speechwriter and would not have been possible without Annette, the middle child of Henry deputy communications director. the commitment and collaboration Lee and Geneva G. Gillis’s seven chil- Rob is a talented writer and has been from cellular providers, Rutgers Uni- dren, was born and raised in Alexan- an invaluable part of our efforts to versity, and other host sites across the dria, VA. She began her Federal service communicate the causes that are im- State, as well as State and local gov- in 1979, right after high school, with portant to us, to shine a spotlight on ernments and emergency response pro- the U.S. House of Representatives, injustices we see around America and fessionals who came together to ad- working first for Congressman Herbert the world, and to rally support for the vance this goal. I am confident that E. Harris and then for Congressman ideas and solutions that we believe can text to 911 will have a tremendous im- Carl D. Purcell. make a difference for people. pact on the residents of our State, and In September 1980, Annette came to On behalf of myself, your colleagues, I hope our successes and lessons the Senate Select Committee on Ethics and the people of Florida, thank you, learned in New Jersey can help further as a staff assistant. While working for Rob, for your service. We wish you the inform other States seeking to update the committee, she earned an associate best. their 911 capabilities and better protect of science degree in management from their citizens.∑ Northern Virginia Community College f and then a bachelor of arts in Psy- ADDITIONAL STATEMENTS f chology, magna cum laude, from REMEMBERING RONNIE BALDWIN Marymount University. Because of her ∑ TEXT TO 911 IN NEW JERSEY Mr. BOOZMAN. Mr. President, intellect, hard work, and profes- today I wish to remember the life of sionalism, she advanced to become sys- ∑ Mr. BOOKER. Mr. President, I wish Ronnie Baldwin, who passed away on tems administrator, then chief clerk, to commend the hardworking men and August 28, 2016. and finally, in 2005, deputy staff direc- women in New Jersey who have made Ronnie Baldwin led a life dedicated tor. Her contributions to the critical significant strides to ensure our State to public service. He joined the Wynne work of the committee have been in- keeps pace with modern technology Police Department after graduating valuable. Over the years, serving under when it comes to public safety. This from Wynne High School in 1970. He 14 different chairmen, including myself month, all 21 counties in our great served with that department for more and Senator BOXER, Annette has been State will have access to expanded 911 than 15 years, first as a patrolman, the constant in the committee’s work, services, by being able to text to 911 in then a lieutenant and a criminal inves- expertly managing the operations of case of emergency. tigator. He continued his commitment the committee and its staff. This exciting new development will to protecting the community as the I now would like to yield to the Sen- help save lives across our State and Brinkley chief of police and served as ator from California, whom I have had serves as a national model for receiv- sheriff of Cross County from 1999–2008. the honor of serving with on the Select ing public safety services. Text to 911 He remained committed to the law Committee on Ethics, so that she can further empowers persons with disabil- enforcement community, serving as ex- say a few words about Annette. ities—such as hearing or speech im- Mrs. BOXER. Mr. President, ecutive director of the Arkansas Sher- pairments—who may have previously iff’s Association, which he told friends Annette’s contributions go far beyond faced barriers to accessing emergency the committee itself. Through her was his dream job. services. Today, 911 in New Jersey is His commitment to public service ex- work on the committee’s education and open and accessible to more residents training programs, reporting require- tended beyond the borders of Arkansas. than ever before, and I commend the He was a board member of the National ments, and compliance functions, An- hard work and collaboration in New nette has reached the entire Senate Sheriffs’ Association and also served as Jersey that resulted in this accom- a board member of the Arkansas Pro- community and, indeed, the Nation. plishment. Her contributions, drawn from a re- fessional Bail Bond Licensing Board for Tragically, there are situations that more than 11 years. serve of institutional knowledge and happen every day where victims of experience, have been immeasurable. Ronnie once said in a newspaper crime or domestic violence are not in a The committee commends Annette’s interview that he believed ‘‘actions de- position to physically call 911. With unwavering commitment to its work fine character.’’ Those who had the and is honored to have been the bene- text to 911, individuals who can’t speak privilege of working with him knew ficiary of her loyal service. Despite the on the phone can still access vital serv- that he lived by those words. impact of her retirement, we, the com- ices. Further, with text to 911 enabled, A true family man and dear friend, mittee members and staff, are pleased there may soon come a time when vic- Ronnie leaves behind many loved ones, to see Annette receive the recognition tims can send information they never including his wife, Martha, children, she deserves for her decades of faithful could have before, such as photos grandchildren, and many friends. I service to the U.S. Senate and the which can be instantly shared with want to offer my prayers and sincere American people. first responders on the ground. condolences to his loved ones on their We ask our colleagues to join us in In February of this year, the text to loss. Ronnie was a true hero who led a thanking Annette for her invaluable 911 system was rolled out at Rutgers life committed to protecting public service to the Select Committee on University and showed excellent re- safety. I thank him for his lifelong Ethics, the Senate community, and our sults. In July, Camden County an- commitment to Arkansas and law en- Nation. nounced its successful implementation forcement throughout the Nation.∑ We thank you, Annette, for your 36 of this new service. And today all coun- f years of dedicated service. ties in our entire State have access to 100TH ANNIVERSARY OF THE f this convenient way of reaching local police. While this service is incredibly LEGAL AID SOCIETY—EMPLOY- TRIBUTE TO ROB NOEL important and helps bring our emer- MENT LAW CENTER Mr. RUBIO. Mr. President, I wanted gency communications into the 21st ∑ Mrs. BOXER. Mr. President, as the to take a moment to thank a key mem- century, it is important to note that, Legal Aid Society—Employment Law ber of my office who, after more than 4 at this time, a phone call is preferred Center, LAS-ELC, celebrates its 100th years of service to the people of Flor- over a text message. I commend the anniversary, I want to congratulate ida, is leaving us tomorrow to pursue a educational campaign that has accom- the staff, volunteers, and supporters of new career opportunity. panied the text to 911 roll out, sharing this extraordinary organization for all

VerDate Sep 11 2014 02:56 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.050 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5841 they have done for decades to support teacher was not available, a local high In addition to being one of northern low-income workers in the San Fran- school graduate would fill in. After Nevada’s prized Republican supporters, cisco Bay Area. eighth grade, he took a break from Margaret dedicated much of her time Established in 1916 by the State Com- school to help on the family ranch, but to American veterans and their fami- mission of Immigration and Housing, was still able to learn algebra. When he lies after losing her beloved husband, LAS-ELC has a long history of success- returned to school, Bruce traveled over Don, who was a steadfast Washoe Coun- fully advocating on behalf of working 200 miles to stay with an aunt and ty conservative as well. After her hus- families. Beginning with its early ef- uncle in Great Falls for high school but band’s death, many thought Margaret’s forts to assist struggling workers dur- returned closer to home to finish dedication to her fellow Republicans ing the Great Depression and WWII school while ranching sheep. would simmer, but she continued to veterans as they integrated back into On July 25, 1942, Bruce traveled over fight for her beliefs and truly made a life at home, LAS-ELC has provided 300 miles to Butte, Montana to enlist difference in several key elections critical support for men and women in in the Army where he served a variety throughout the Silver State. need of help. Their groundbreaking of duties. While training in Texas, Bruce worked for a local rancher buck- Margaret was such an inspiring and work includes securing the first-ever kind woman, and I am honored to have Federal grant to provide free legal ing hay on the weekends. As the end of his duty approached, Bruce wrote his known her. She was also an incredibly services to indigent criminal defend- valuable resource to conservative ef- ants, leading the settlement of a major father asking if he was needed at home. If he was needed at home, he wanted forts across our State, and her devout class action on behalf of women and loyalty to me and several other elected minorities who were denied jobs and his father to know he could elect to terminate his service early. His father officials in Nevada is truly inspiring. promotions by the San Francisco Fire Margaret’s joyful disposition was infec- Department and winning a court ruling did, in fact, call him home, and Bruce forfeited $75.00 of separation pay to ter- tious, and I was proud to call such a establishing AIDS and HIV status as a committed supporter my friend. disability protected by State and Fed- minate his military service early and eral employment laws. return to Montana. I extend my deepest gratitude for all Over the years, the organization has With a $2,000 bank loan to buy sheep, of her work on behalf of our State. won hundreds of individual rulings and Bruce committed to his own sheep Margaret’s years of service will be re- settlements for workers discriminated business with his brother, Joe. His per- membered for generations to come. Our against on the basis of race, gender, sistence and hard work continued to State is fortunate to have had a public ethnicity, disability, or religious be- pay off when—as he says, through pure servant of such commitment and un- liefs. Today, LAS-ELC serves thou- determination—he convinced Daisy, a wavering devotion, and I am deeply ap- sands of clients annually, provides free teacher in Winnett, to marry him and preciative of Margaret’s invaluable information about workers’ legal devoted his life to his family, the com- contributions to Nevada. munity, and the work of lambing, rights, and advocates for policy Today I join citizens across Nevada docking, and sheering sheep. changes that better support workers Today his legacy is the present-day in celebrating the life of a truly dedi- and help strengthen families and com- Cat Creek Cattle Company Ranch near cated and inspirational woman, Mar- ∑ munities. Cat Creek. Bruce and Daisy raised two garet Marie McIsaac. A hundred years after its founding, children, continued to be involved in LAS-ELC continues to lead the fight the community serving as Garfield f against discrimination, harassment, County commissioner, working on the wage theft, and other workplace injus- Weede State Grazing District Board, COMMERCIAL REAL ESTATE DE- tices. I am pleased to join in honoring and the Sage Hen Grazing District VELOPMENT ASSOCIATION OF this special anniversary and wish LAS- Board, as a Mason and a Shriner. NORTHERN NEVADA’S 10TH ANNI- ELC continued success in the years to Now, on his 100th year, Bruce is part ∑ VERSARY come. of a generation of Montanans who have f witnessed incredible advancements in ∑ Mr. HELLER. Mr. President, today I TRIBUTE TO BRUCE DUTTON our State and our Nation. From the wish to recognize the 10th anniversary homestead dugout near Melstone, to of an important entity to Nevada, the ∑ Mr. DAINES. Mr. President, this his military service, a man on the Commercial Real Estate Development week I have the distinct honor of rec- moon, we owe much to his generation.∑ Association, NAIOP, of northern Ne- ognizing Bruce Dutton of Garfield f vada. I am proud to honor this NAIOP County, who celebrated his 100th birth- chapter and its contributions that day in August this year. He is a Mon- REMEMBERING MARGARET MARIE make such a significant impact on the tanan and a veteran who served his MCISAAC commercial real estate industry in country during World War II, and he is ∑ Mr. HELLER. Mr. President, today northern Nevada. also a sheep rancher. Montana has a we honor the life and legacy of an out- NAIOP commissioned a chapter in long history of strong work ethic and standing individual, Margaret Marie dedication to service and Mr. Dutton northern Nevada in October of 2006. McIsaac, whose passing signifies a Since then, NAIOP of northern Nevada exemplifies these qualities. great loss to the State of Nevada. I When Bruce was born 100 years ago, has continuously assisted Nevadans send my condolences and prayers to striving to succeed in the commercial homesteaders were settling homes and Mrs. McIsaac’s family in this time of setting up communities across Mon- real estate business. Specifically, the mourning. She was a woman truly northern Nevada chapter provides ben- tana, carving out a living from the committed to her family, friends, and eficial business and educational re- land. His parents, Bruce and Margaret, community. Although she will be sore- sources to its members, as well as a had a family homestead between Mosby ly missed, her hard work and great in- critical networking program that en- and Sand Springs, MT. When Bruce’s fluence in Nevada will be felt for years ables NAIOP members to connect with mother, Margaret, felt it was nearing to come. time for her to give birth, she traveled Margaret was born in Winsor, NC, but each other all throughout the United over 20 miles to Mrs. McDougal’s moved several different times before States. neighboring homestead for help. Mrs. establishing herself in Sparks, NV. The northern Nevada chapter has 15 McDougal provided her dugout for Mar- While in Sparks, Margaret was soon ac- board of directors, as well as several garet where she gave birth to Bruce, knowledged throughout Washoe Coun- different committees that consist of a the third of seven children. ty as a defender of Republican values chairperson and other NAIOP mem- Bruce did not lack for education on and principles, as well as a true Amer- bers. These committees perform spe- the homestead. The Dutton family ican patriot. Margaret was also a cific tasks that work toward NAIOP’s even provided boarding for teachers prominent personality in the Washoe overall vision and are crucially impor- who traveled from as far as Idaho to Republican Women, WRW, volunteer tant to the growth and success north- serve the local school. When a proper group. ern Nevadans experience firsthand.

VerDate Sep 11 2014 05:13 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.056 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5842 CONGRESSIONAL RECORD — SENATE September 15, 2016 In light of the chapter’s 10th anniver- private health insurance options outside of Mohave County, Arizona, and for other pur- sary celebration, I would like to recog- Obamacare exchanges. poses; to the Committee on Energy and Nat- nize the individuals who will be hon- f ural Resources. ored for their hard work and dedication By Mr. FLAKE (for himself, Mr. MEASURES READ THE FIRST TIME MCCAIN, and Mr. HELLER): to the chapter, including Scott Shanks, The following bill was read the first S. 3334. A bill to establish a procedure for Michael Dermody, Scott Beggs, Bill resolving claims to certain rights-of-way; to Miles, Brad Woodring, Marc Markwell, time: the Committee on Energy and Natural Re- Brandon Page, Dave Howard, Doug S. 3348. A bill to amend the Federal Elec- sources. Roberts, and Paul Kinne. Our State has tion Campaign Act of 1971 to require can- By Ms. BALDWIN (for herself and Mr. truly benefited from these hard-work- didates of major parties for the office of MCCAIN): President to disclose recent tax return infor- S. 3335. A bill to require reporting regard- ing individuals, and I am thankful for mation. ing certain drug price increases, and for their leadership and the great work f other purposes; to the Committee on Health, they are doing for businesses through- Education, Labor, and Pensions. out northern Nevada. REPORTS OF COMMITTEES By Mrs. ERNST (for herself, Mr. DUR- Over the past decade, NAIOP of The following reports of committees BIN, Mr. GRASSLEY, Mr. KIRK, and Mrs. GILLIBRAND): northern Nevada has demonstrated were submitted: strong dedication to the great State of S. 3336. A bill to provide arsenal installa- By Mr. THUNE, from the Committee on tion; to the Committee on Armed Services. Nevada’s business and real estate com- Commerce, Science, and Transportation, By Mr. LEE (for himself, Mr. CASSIDY, munity. Without the determination with an amendment in the nature of a sub- Mr. CARPER, Mr. BOOKER, and Mr. and persistence of those who estab- stitute: JOHNSON): lished this chapter, northern Nevada S. 2058. A bill to require the Secretary of S. 3337. A bill to provide for reimbursement would not have seen the excellent Commerce to maintain and operate at least for the use of modern travel services by Fed- growth we see today. one Doppler weather radar site within 55 eral employees traveling on official Govern- I ask my colleagues and all Nevadans miles of each city in the United States that ment business, and for other purposes; to the to join me in congratulating NAIOP of has a population of more than 700,000 individ- Committee on Homeland Security and Gov- uals, and for other purposes (Rept. No. 114– ernmental Affairs. northern Nevada on its 10th anniver- 351). By Mr. BURR (for himself and Mr. BEN- sary. This institution has advanced Ne- By Ms. MURKOWSKI, from the Committee NET): vada’s real estate industry, and I am on Energy and Natural Resources, without S. 3338. A bill to amend the Internal Rev- honored to recognize this important amendment: enue Code of 1986 to encourage small busi- milestone. I wish NAIOP of northern S. 2616. A bill to modify certain cost-shar- nesses to enroll their employees in retire- Nevada well in all of its future endeav- ing and revenue provisions relating to the ment savings options, and for other pur- poses; to the Committee on Finance. ors and in creating greater opportuni- Arkansas Valley Conduit, Colorado (Rept. By Mr. MCCAIN: ties in Nevada.∑ No. 114–352). By Ms. MURKOWSKI, from the Committee S. 3339. A bill to amend the Internal Rev- f on Energy and Natural Resources, with enue Code of 1986 to repeal the increase in the income threshold used in determining MESSAGE FROM THE HOUSE amendments: S. 2902. A bill to provide for long-term the deduction for medical care; to the Com- At 12:34 p.m., a message from the water supplies, optimal use of existing water mittee on Finance. House of Representatives, delivered by supply infrastructure, and protection of ex- By Mr. KIRK: S. 3340. A bill to amend title 38, United Mr. Novotny, one of its reading clerks, isting water rights (Rept. No. 114–353). States Code, to require the Secretary of Vet- By Mr. GRASSLEY, from the Committee announced that the House has passed erans Affairs to enter into contracts with fu- the following bills, in which it requests on the Judiciary, without amendment: neral homes to ensure the expeditious and the concurrence of the Senate: S. 3155. A bill to amend chapter 97 of title respectful provision of burial and funeral 28, United States Code, to clarify the excep- H.R. 5226. An act to amend chapter 3 of services for indigent, deceased veterans and tion to foreign sovereign immunity set forth title 5, United States Code, to require the remains of deceased veterans that are un- in section 1605(a)(3) of such title. publication of information relating to pend- claimed, and for other purposes; to the Com- ing agency regulatory actions, and for other f mittee on Veterans’ Affairs. purposes. EXECUTIVE REPORTS OF By Ms. KLOBUCHAR (for herself and H.R. 5351. An act to prohibit the transfer of Ms. COLLINS): any individual detained at United States COMMITTEE S. 3341. A bill to establish and strengthen Naval Station, Guantanamo Bay, Cuba. The following executive reports of projects that defray the cost of related in- H.R. 5620. An act to amend title 38, United nominations were submitted: struction associated with pre-apprenticeship States Code, to provide for the removal or and apprenticeship programs, and for other By Mr. GRASSLEY for the Committee on demotion of employees of the Department of purposes; to the Committee on Health, Edu- the Judiciary. Veterans Affairs based on performance or cation, Labor, and Pensions. Lucy Haeran Koh, of California, to be misconduct, and for other purposes. By Mr. PORTMAN (for himself and Mr. United States Circuit Judge for the Ninth BROWN): f Circuit. S. 3342. A bill to designate the Veterans MEASURES REFERRED Florence Y. Pan, of the District of Colum- Memorial and Museum in Columbus, Ohio, as bia, to be United States District Judge for the National Veterans Memorial and Mu- The following bills were read the first the District of Columbia. seum, and for other purposes; to the Com- and the second times by unanimous (Nominations without an asterisk mittee on Energy and Natural Resources. consent, and referred as indicated: were reported with the recommenda- By Mr. MENENDEZ: S. 3343. A bill to authorize the Attorney H.R. 5226. An act to amend chapter 3 of tion that they be confirmed.) title 5, United States Code, to require the General to provide a grant to assist Federal, publication of information relating to pend- f State, tribal, and local law enforcement ing agency regulatory actions, and for other INTRODUCTION OF BILLS AND agencies in the rapid recovery of missing in- dividuals; to the Committee on the Judici- purposes; to the Committee on Homeland Se- JOINT RESOLUTIONS curity and Governmental Affairs. ary. H.R. 5620. An act to amend title 38, United The following bills and joint resolu- By Mr. HATCH (for himself and Mr. States Code, to provide for the removal or tions were introduced, read the first BENNET): demotion of employees of the Department of and second times by unanimous con- S. 3344. A bill to amend the Carl D. Perkins Career and Technical Education Act of 2006 Veterans Affairs based on performance or sent, and referred as indicated: misconduct, and for other purposes; to the to encourage innovation, and for other pur- Committee on Veterans’ Affairs. By Mr. RUBIO: poses; to the Committee on Health, Edu- S. 3332. A bill to provide appropriate infor- cation, Labor, and Pensions. f mation to Federal law enforcement and in- By Mr. DURBIN (for himself and Mr. MEASURES PLACED ON THE telligence agencies, pursuant to inves- KIRK): CALENDAR tigating terrorism, and for other purposes; to S. 3345. A bill to designate the facility of the Committee on the Judiciary. the United States Postal Service located at The following bill was read the sec- By Mr. FLAKE (for himself and Mr. 1101 Davis Street in Evanston, Illinois, as the ond time, and placed on the calendar: MCCAIN): ‘‘Abner J. Mikva Post Office Building’’; to S. 3326. A bill to give States the authority S. 3333. A bill to provide for the disposal of the Committee on Homeland Security and to provide temporary access to affordable certain Bureau of Land Management land in Governmental Affairs.

VerDate Sep 11 2014 07:04 Nov 15, 2016 Jkt 049060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\RECORD16\SEP2016\S15SE6.REC S15SE6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5843 By Mr. CRUZ (for himself, Mr. NELSON, S. Res. 562. A resolution expressing support ADDITIONAL COSPONSORS Mr. RUBIO, Mr. PETERS, Mr. WICKER, for designation of the week of October 9, S. 386 and Mr. UDALL): 2016, through October 15, 2016, as ‘‘Earth S. 3346. A bill to authorize the programs of Science Week’’; to the Committee on Com- At the request of Mr. THUNE, the the National Aeronautics and Space Admin- merce, Science, and Transportation. name of the Senator from Iowa (Mrs. istration, and for other purposes; to the By Mr. MCCAIN: ERNST) was added as a cosponsor of S. Committee on Commerce, Science, and S. Res. 563. A resolution calling on the De- 386, a bill to limit the authority of Transportation. partment of Defense, other elements of the States to tax certain income of em- Federal Government, and foreign countries By Mr. DURBIN (for himself, Mr. ployees for employment duties per- FRANKEN, and Mr. REED): to intensify efforts to investigate, recover, S. 3347. A bill to amend the Truth in Lend- and identify all missing and unaccounted-for formed in other States. ing Act and the Higher Education Act of 1965 personnel of the United States; to the Com- S. 428 to require certain creditors to obtain certifi- mittee on Foreign Relations. At the request of Mr. BROWN, the cations from institutions of higher edu- By Mr. CARDIN (for himself, Mr. REED, name of the Senator from Wisconsin cation, and for other purposes; to the Com- Mrs. FEINSTEIN, Mr. DURBIN, and Mr. (Ms. BALDWIN) was added as a cospon- mittee on Banking, Housing, and Urban Af- SCHUMER): fairs. S. Res. 564. A resolution condemning North sor of S. 428, a bill to amend titles XIX By Mr. WYDEN (for himself, Mr. BEN- Korea’s fifth nuclear test on September 9, and XXI of the Social Security Act to NET, Ms. WARREN, Mrs. BOXER, Mr. 2016; to the Committee on Foreign Relations. provide for 12-month continuous enroll- KAINE, Ms. BALDWIN, Mr. CARDIN, Mr. By Mr. MENENDEZ (for himself, Mr. ment under Medicaid and the Chil- MURPHY, and Mr. UDALL): REID, Mr. CORNYN, Mr. BENNET, Mr. dren’s Health Insurance Program, and S. 3348. A bill to amend the Federal Elec- BOOKER, Mr. CASEY, Mr. COONS, Mr. for other purposes. tion Campaign Act of 1971 to require can- DURBIN, Mrs. FEINSTEIN, Mr. HELLER, S. 681 didates of major parties for the office of Mrs. MURRAY, Mr. NELSON, Mr. President to disclose recent tax return infor- RUBIO, Mr. SCHUMER, Mr. UDALL, Ms. At the request of Mrs. GILLIBRAND, mation; read the first time. WARREN, Mr. HATCH, Mr. KAINE, and the name of the Senator from Arizona By Mr. REED (for himself and Ms. Mr. HEINRICH): (Mr. MCCAIN) was added as a cosponsor BALDWIN): S. Res. 565. A resolution designating the of S. 681, a bill to amend title 38, S. 3349. A bill to amend the Carl D. Perkins week beginning September 12, 2016, as ‘‘Na- United States Code, to clarify presump- Career and Technical Education Act of 2006 tional Hispanic-Serving Institutions Week’’; tions relating to the exposure of cer- to improve career and technical education considered and agreed to. tain veterans who served in the vicin- opportunities for adult learners, and for By Mr. GRASSLEY (for himself, Mr. other purposes; to the Committee on Health, LEAHY, Ms. AYOTTE, and Ms. KLO- ity of the Republic of Vietnam, and for Education, Labor, and Pensions. BUCHAR): other purposes. By Mr. COCHRAN (for himself and Mr. S. Res. 566. A resolution supporting the S. 689 TESTER): goals and ideals of National Domestic Vio- At the request of Mr. THUNE, the S. 3350. A bill to amend the Packers and lence Awareness Month, commending domes- names of the Senator from Kansas (Mr. Stockyards Act, 1921, to clarify the duties re- tic violence victim advocates, domestic vio- ROBERTS) and the Senator from North lating to services furnished in connection lence victim service providers, crisis hotline with the buying or selling of livestock in staff, and first responders serving victims of Dakota (Mr. HOEVEN) were added as co- commerce through online, video, or other domestic violence for their compassionate sponsors of S. 689, a bill to provide pro- electronic methods, and for other purposes; support of victims of domestic violence, and tections for certain sports medicine to the Committee on Agriculture, Nutrition, expressing the sense of the Senate that Con- professionals who provide certain med- and Forestry. gress should continue to support efforts to ical services in a secondary State. end domestic violence and hold perpetrators f S. 979 of domestic violence accountable; considered SUBMISSION OF CONCURRENT AND and agreed to. At the request of Mr. NELSON, the SENATE RESOLUTIONS By Mr. GRASSLEY (for himself, Ms. name of the Senator from Minnesota (Ms. KLOBUCHAR) was added as a co- The following concurrent resolutions STABENOW, Mr. ENZI, Mr. DONNELLY, OCHRAN sponsor of S. 979, a bill to amend title and Senate resolutions were read, and and Mr. C ): S. Res. 567. A resolution designating the 10, United States Code, to repeal the referred (or acted upon), as indicated: week beginning October 16, 2016, as ‘‘Na- requirement for reduction of survivor By Mr. ALEXANDER (for himself, Mr. tional Character Counts Week’’; considered annuities under the Survivor Benefit UDALL, Mr. CORKER, Mr. HEINRICH, and agreed to. Plan by veterans’ dependency and in- Mr. MCCONNELL, Mr. REID, Ms. MUR- By Mr. CORKER (for himself, Mr. KOWSKI, Ms. CANTWELL, Mr. GRAHAM, ALEXANDER, and Mr. COONS): demnity compensation, and for other Mr. BROWN, and Mr. PORTMAN): S. Res. 568. A resolution recognizing the in- purposes. S. Res. 560. A resolution designating Octo- valuable contributions of the towing and re- S. 1411 ber 30, 2016, as a national day of remem- covery industry in the United States, the At the request of Mrs. ERNST, the brance for nuclear weapons program work- International Towing & Recovery Hall of name of the Senator from Nebraska ers; to the Committee on the Judiciary. Fame & Museum, towing associations around By Mr. MERKLEY (for himself, Mr. the world, and the members of those towing (Mrs. FISCHER) was added as a cospon- SCHUMER, Mrs. MURRAY, Mr. DURBIN, associations and designating the week of sor of S. 1411, a bill to amend the Act Mr. SANDERS, Ms. STABENOW, Mrs. September 9 through 15, 2016, as ‘‘National of August 25, 1958, commonly known as BOXER, Mrs. FEINSTEIN, Mr. FRANKEN, Towing Industry Awareness Week’’; consid- the ‘‘Former Presidents Act of 1958’’, Mr. WHITEHOUSE, Mr. UDALL, Mr. ered and agreed to. with respect to the monetary allow- WYDEN, Mr. BROWN, Mrs. GILLIBRAND, By Mr. VITTER (for himself, Mrs. SHA- ance payable to a former President, Mr. MURPHY, Mr. MENENDEZ, Mr. HEEN, Ms. AYOTTE, Ms. CANTWELL, and for other purposes. REED, Mr. CARDIN, Mr. BLUMENTHAL, Mr. BARRASSO, Mr. PETERS, Mr. S. 1562 Mr. CASEY, Mr. MARKEY, Mrs. SHA- PORTMAN, Mr. WARNER, Mr. SCOTT, HEEN, Mr. BENNET, Ms. BALDWIN, Ms. Mr. DONNELLY, Mr. DAINES, Mr. MAR- At the request of Mr. WYDEN, the WARREN, Mr. PETERS, Mr. SCHATZ, KEY, Mr. BOOZMAN, Mr. TESTER, Mr. name of the Senator from Iowa (Mrs. Mr. HEINRICH, Mr. LEAHY, Ms. RISCH, Ms. HIRONO, Mr. HOEVEN, Mr. ERNST) was added as a cosponsor of S. HIRONO, Ms. MIKULSKI, Mr. REID, and UDALL, Mrs. FISCHER, Ms. MIKULSKI, 1562, a bill to amend the Internal Rev- Ms. KLOBUCHAR): Ms. MURKOWSKI, Mr. KING, Mr. enue Code of 1986 to reform taxation of S. Res. 561. A resolution supporting efforts INHOFE, Mr. COONS, Ms. COLLINS, Ms. alcoholic beverages. to increase competition and accountability HEITKAMP, Mr. KIRK, Mr. MANCHIN, in the health insurance marketplace, and to Mr. CARDIN, Mrs. BOXER, Ms. KLO- S. 1605 extend accessible, quality, affordable health BUCHAR, Mrs. FEINSTEIN, Mr. BOOKER, At the request of Mr. CARDIN, the care coverage to every American through the Mr. WHITEHOUSE, Mr. MERKLEY, Mr. name of the Senator from Rhode Island choice of a public insurance plan; to the CASEY, Mr. GARDNER, Mr. ENZI, and (Mr. WHITEHOUSE) was added as a co- Committee on Health, Education, Labor, and Mrs. ERNST): sponsor of S. 1605, a bill to amend the Pensions. S. Res. 569. A resolution recognizing No- Millennium Challenge Act of 2003 to By Ms. MURKOWSKI (for herself, Mr. vember 26, 2016, as ‘‘Small Business Satur- ALEXANDER, Ms. CANTWELL, Mrs. CAP- day’’ and supporting the efforts of the Small authorize concurrent compacts for pur- ITO, Mr. CASSIDY, Ms. HIRONO, Mr. Business Administration to increase aware- poses of regional economic integration NELSON, Mr. PETERS, Mr. KING, Mr. ness of the value of locally owned small busi- and cross-border collaborations, and MARKEY, and Mr. HEINRICH): nesses; considered and agreed to. for other purposes.

VerDate Sep 11 2014 02:56 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.022 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5844 CONGRESSIONAL RECORD — SENATE September 15, 2016 S. 1804 S. 2763 KIRK) was added as a cosponsor of S. At the request of Mr. CRUZ, the name At the request of Mr. CORNYN, the 3179, a bill to amend the Internal Rev- of the Senator from Kentucky (Mr. names of the Senator from Iowa (Mr. enue Code of 1986 to improve and ex- PAUL) was added as a cosponsor of S. GRASSLEY), the Senator from Vermont tend the credit for carbon dioxide se- 1804, a bill to eliminate the Bureau of (Mr. LEAHY) and the Senator from Ohio questration. Consumer Financial Protection by re- (Mr. PORTMAN) were added as cospon- S. 3198 pealing title X of the Dodd-Frank Wall sors of S. 2763, a bill to provide the vic- At the request of Mr. HATCH, the Street Reform and Consumer Protec- tims of Holocaust-era persecution and names of the Senator from Idaho (Mr. tion Act, commonly known as the Con- their heirs a fair opportunity to re- CRAPO) and the Senator from Maine sumer Financial Protection Act of 2010. cover works of art confiscated or mis- (Mr. KING) were added as cosponsors of S. 2253 appropriated by the Nazis. S. 3198, a bill to amend title 38, United At the request of Mr. BLUMENTHAL, S. 2803 States Code, to improve the provision the name of the Senator from Delaware At the request of Mr. SASSE, the of adult day health care services for (Mr. CARPER) was added as a cosponsor name of the Senator from Texas (Mr. veterans. of S. 2253, a bill to amend title 38, CRUZ) was added as a cosponsor of S. S. 3245 United States Code, to provide vet- 2803, a bill to require the Secretary of At the request of Mr. MERKLEY, the erans affected by closures of edu- Health and Human Services to deposit names of the Senator from New York cational institutions certain relief and certain funds into the general fund of (Mrs. GILLIBRAND), the Senator from restoration of educational benefits, and the Treasury in accordance with provi- New Hampshire (Ms. AYOTTE), the Sen- for other purposes. sions of Federal law with regard to the ator from Alaska (Ms. MURKOWSKI), the S. 2595 Patient Protection and Affordable Care Senator from Illinois (Mr. KIRK) and At the request of Mr. CRAPO, the Act’s Transitional Reinsurance Pro- the Senator from Rhode Island (Mr. name of the Senator from Wisconsin gram. WHITEHOUSE) were added as cosponsors (Ms. BALDWIN) was added as a cospon- S. 2979 of S. 3245, a bill to amend title VIII of sor of S. 2595, a bill to amend the Inter- At the request of Mr. WYDEN, the the Public Health Service Act to ex- nal Revenue Code of 1986 to perma- names of the Senator from Connecticut tend advanced education nursing nently extend the railroad track main- (Mr. MURPHY) and the Senator from grants to support clinical nurse spe- tenance credit. New Mexico (Mr. UDALL) were added as cialist programs, and for other pur- poses. S. 2612 cosponsors of S. 2979, a bill to amend S. 3270 At the request of Mr. LEAHY, the the Federal Election Campaign Act of At the request of Mr. GRASSLEY, the name of the Senator from Hawaii (Ms. 1971 to require candidates of major par- names of the Senator from Vermont HIRONO) was added as a cosponsor of S. ties for the office of President to dis- (Mr. LEAHY), the Senator from Illinois 2612, a bill to ensure United States ju- close recent tax return information. (Mr. DURBIN) and the Senator from risdiction over offenses committed by S. 3073 North Carolina (Mr. TILLIS) were added United States personnel stationed in At the request of Ms. BALDWIN, the as cosponsors of S. 3270, a bill to pre- Canada in furtherance of border secu- name of the Senator from Missouri vent elder abuse and exploitation and rity initiatives. (Mrs. MCCASKILL) was added as a co- improve the justice system’s response sponsor of S. 3073, a bill to establish a S. 2615 to victims in elder abuse and exploi- commission to ensure a suitable ob- At the request of Mrs. MCCASKILL, tation cases. the name of the Senator from Montana servance of the centennial of the pas- S. 3292 (Mr. TESTER) was added as a cosponsor sage and ratification of the Nineteenth Amendment to the United States Con- At the request of Mr. PORTMAN, the of S. 2615, a bill to increase competi- name of the Senator from West Vir- tion in the pharmaceutical industry. stitution providing for women’s suf- frage, and for other purposes. ginia (Mrs. CAPITO) was added as a co- At the request of Ms. COLLINS, the sponsor of S. 3292, a bill to amend the S. 3124 name of the Senator from Illinois (Mr. Tariff Act of 1930 to make the Post- KIRK) was added as a cosponsor of S. At the request of Mrs. ERNST, the master General the importer of record 2615, supra. name of the Senator from Kansas (Mr. for the non-letter class mail and to re- S. 2645 MORAN) was added as a cosponsor of S. quire the provision of advance elec- At the request of Mrs. SHAHEEN, the 3124, a bill to require U.S. Immigration tronic information about shipments of names of the Senator from Wisconsin and Customs Enforcement to take into non-letter class mail to U.S. Customs (Ms. BALDWIN) and the Senator from custody certain aliens who have been and Border Protection, and for other Delaware (Mr. COONS) were added as co- charged in the United States with a purposes. crime that resulted in the death or se- sponsors of S. 2645, a bill to impose S. 3296 rious bodily injury of another person, sanctions with respect to foreign per- At the request of Mr. HELLER, his and for other purposes. sons responsible for gross violations of name was added as a cosponsor of S. internationally recognized human S. 3155 3296, a bill to amend the Internal Rev- rights against lesbian, gay, bisexual, At the request of Mr. HATCH, the enue Code of 1986 to provide an exemp- and transgender individuals, and for names of the Senator from Iowa (Mr. tion to the individual mandate to other purposes. GRASSLEY) and the Senator from maintain health coverage for individ- S. 2726 Vermont (Mr. LEAHY) were added as co- uals residing in counties with fewer At the request of Mr. KIRK, the name sponsors of S. 3155, a bill to amend than 2 health insurance issuers offering of the Senator from Wisconsin (Mr. chapter 97 of title 28, United States plans on an Exchange. JOHNSON) was added as a cosponsor of Code, to clarify the exception to for- S. 3297 S. 2726, a bill to hold Iran accountable eign sovereign immunity set forth in At the request of Mr. COTTON, the for its state sponsorship of terrorism section 1605(a)(3) of such title. name of the Senator from Pennsyl- and other threatening activities and S. 3164 vania (Mr. TOOMEY) was added as a co- for its human rights abuses, and for At the request of Mrs. SHAHEEN, the sponsor of S. 3297, a bill to amend the other purposes. name of the Senator from Connecticut Internal Revenue Code of 1986 to pro- S. 2759 (Mr. MURPHY) was added as a cosponsor vide an exemption to the individual At the request of Mrs. ERNST, the of S. 3164, a bill to provide protection mandate to maintain health coverage name of the Senator from Connecticut for survivors of domestic violence or for certain individuals whose premium (Mr. BLUMENTHAL) was added as a co- sexual assault under the Fair Housing has increased by more than 10 percent, sponsor of S. 2759, a bill to amend the Act. and for other purposes. Internal Revenue Code of 1986 to pro- S. 3179 S. 3308 vide a nonrefundable credit for working At the request of Ms. HEITKAMP, the At the request of Mrs. CAPITO, the family caregivers. name of the Senator from Illinois (Mr. name of the Senator from Oklahoma

VerDate Sep 11 2014 02:56 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.024 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5845 (Mr. LANKFORD) was added as a cospon- tions of higher education, and for other dustry in America has friends in high sor of S. 3308, a bill to amend title purposes; to the Committee on Bank- places. When the time comes, they hire XVIII of the Social Security Act to ing, Housing, and Urban Affairs. some of the most effective lobbyists in prohibit prescription drug plan spon- Mr. DURBIN. Mr. President, this has Washington on both political sides to sors and MA–PD organizations under been a big week in Chicago and the push for their agenda and to keep them the Medicare program from retro- Midwest, in fact, across the country, as in business. It is understandable. They actively reducing payment on clean some 35,000 students who attended ITT take millions of dollars out of these op- claims submitted by pharmacies. Tech have finally come to realize that erations. They end up with salaries for S. 3311 school is closing and many of them CEOs that are higher for their so-called At the request of Mr. SASSE, the have to assess now what their lives will university presidents than any univer- name of the Senator from Illinois (Mr. be from this point forward. sity president in America. We let it KIRK) was added as a cosponsor of S. In my hometown of Springfield, IL, happen. The Congress lets it happen. 3311, a bill to amend the Internal Rev- there was a large sign in the local The government lets it happen. enue Code of 1986 to exempt individuals shopping mall ‘‘ITT Tech,’’ and I used It is time for a new day and some whose health plans under the Con- to drive by and look at it, thinking: I new thinking. The 2016–2017 school year sumer Operated and Oriented Plan pro- know how this story is going to end, has begun. Millions of students across gram have been terminated from the and it will not be good. the country are walking onto college individual mandate penalty. It turns out some 750 students signed campuses, and they are excited about up at this for-profit college in the S. CON. RES. 30 their opportunities. Many of these stu- State of Illinois and, as I mentioned, dents know they are going to have to At the request of Mr. LEE, the name many outside the State, and many of of the Senator from Delaware (Mr. take out loans to finance their edu- them were fleeced, literally. cation and will end up owing the gov- COONS) was added as a cosponsor of S. In this situation, they offered them Con. Res. 30, a concurrent resolution ernment thousands of dollars. an associate’s degree at the ITT Tech We know that student debt is now expressing concern over the disappear- campus at the White Oaks Mall in larger than credit card debt. It is over ance of David Sneddon, and for other Springfield. There were several $1 trillion. That means that students purposes. courses, one in communications, an- and their families across America are S. RES. 552 other one in computers. deeply indebted for higher education. If At the request of Mr. COONS, the The tuition charged at ITT Tech for you are getting a good education out of names of the Senator from Florida (Mr. a 2-year associate’s degree was $47,000. it, something that really changes your RUBIO) and the Senator from Georgia If those same students got in their cars life for the better and gives you new (Mr. PERDUE) were added as cosponsors and drove 15 minutes away, they would opportunities, the argument can be of S. Res. 552, a resolution commemo- have been at Lincoln Land Community made. But, sadly, in many cases stu- rating the fifteenth anniversary of College. The same course is offered not dents don’t receive the education they NATO’s invocation of Article V to de- for $47,000 for a 2-year career degree were promised. And at the end of the fend the United States following the but less than $7,000. day whether these students owe money terrorist attacks of September 11, 2001. These students did not know better. to the government or to private lend- f They thought they were in good hands. ers, makes a big difference. STATEMENTS ON INTRODUCED They signed up for these loans, and A lot of students—19, 20 years old— BILLS AND JOINT RESOLUTIONS now the school has disappeared. It dis- really don’t understand the magnitude appeared after more than a dozen at- of the debt they are incurring. We By Mr. DURBIN (for himself and torneys general around the United know that two-thirds of students who Mr. KIRK): States started suing ITT Tech for its take out private education loans really S. 3345. A bill to designate the facil- practices: recruiting students who were don’t understand the terms of those ity of the United States Postal Service not ready for college, misleading them loans, the interest rates of those loans, located at 1101 Davis Street in Evans- about the courses that were being of- and how they compare with govern- ton, Illinois, as the ‘‘Abner J. Mikva fered, and overcharging them on their ment loans. They don’t understand Post Office Building’’; to the Com- loans. It is currently being sued by the that in many cases, private student mittee on Homeland Security and Gov- Consumer Financial Protection Bureau loans are significantly more expensive ernmental Affairs. and the Securities and Exchange Com- and riskier. Mr. DURBIN. Mr. President, I ask mission. This is not the first major for- Federal student loans have fixed, af- unanimous consent that the text of the profit college to go down. Corinthian fordable interest rates. They have a va- bill be printed in the RECORD. was an early casualty. I am sorry to riety of consumer protections built There being no objection, the text of say that I think others will follow. into them: forbearance in times of eco- the bill was ordered to be printed in It bears repeating that when we take nomic difficulty; manageable repay- the RECORD, as follows: a look at this industry, the for-profit ment options, such as income-based re- S. 3345 college industry, we are looking at the payment plans which calculate your Be it enacted by the Senate and House of Rep- most heavily subsidized private for- monthly student loan payment based resentatives of the United States of America in profit companies in the United States on your income. Congress assembled, of America. For many of these compa- On the other hand, private student SECTION 1. ABNER J. MIKVA POST OFFICE BUILD- ING. nies, over 90 percent of their revenue loans don’t have these protections and (a) DESIGNATION.—The facility of the sources come from the Federal Treas- offer interest rates that are some of United States Postal Service located at 1101 ury in the form of Pell grants and di- the highest in the land, up to 18 per- Davis Street in Evanston, Illinois, shall be rect government loans. They take the cent. These private loans also don’t in- known and designated as the ‘‘Abner J. money from the government through clude repayment options that Federal Mikva Post Office Building’’. the students. The students end up with loans do. I have heard from many pri- (b) REFERENCES.—Any reference in a law, the debt to pay off and many times, if vate education loan borrowers that map, regulation, document, paper, or other they can stick with the course, a their lender is unwilling to work with record of the United States to the facility re- ferred to in subsection (a) shall be deemed to worthless diploma or certificate. them when it comes to alternative re- be a reference to the ‘‘Abner J. Mikva Post Why are we letting this happen? Why payment plans. They are harassed by Office Building’’. are we letting American families work collection agencies night and day when hard to send their kids to college, only they owe these private student loans. By Mr. DURBIN (for himself, Mr. to be exploited by schools that are In many cases, private lenders are FRANKEN, and Mr. REED): thinly veiled machines for taking more focused on their own bottom line S. 3347. A bill to amend the Truth in money away from these poor students than the students’ welfare. Lending Act and the Higher Education and saddling them with debt? Why This past summer, the Consumer Fi- Act of 1965 to require certain creditors aren’t we speaking out? Well, sadly, nancial Protection Bureau took action to obtain certifications from institu- the for-profit college and university in- against Wells Fargo Bank—one of the

VerDate Sep 11 2014 02:56 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.025 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5846 CONGRESSIONAL RECORD — SENATE September 15, 2016 largest private student lenders—for il- knowingly giving up the benefits and (1) by striking paragraph (3) and inserting legal student loan servicing practices. protections of Federal student loans. It the following: Wells Fargo charged borrowers illegal is an important part of making college ‘‘(3) INSTITUTIONAL CERTIFICATION RE- fees, failed to provide borrowers with more affordable. I thank Senators QUIRED.— ‘‘(A) IN GENERAL.—Except as provided in FRANKEN and JACK REED for standing accurate loan information, and failed subparagraph (B), before a creditor may to correct inaccurate credit reports. with me in this effort. issue any funds with respect to an extension Upon being caught, Wells Fargo was I sincerely hope that this Congress, of credit described in this subsection, the fined $3.6 million and is required to re- which is now coming to a close before creditor shall obtain from the relevant insti- fund borrowers who were illegally the election, will take up this question tution of higher education where such loan is charged. of student loans when we return after to be used for a student, such institution’s While I commend the Consumer Fi- the election. I know we only have a few certification of— nancial Protection Bureau for their weeks, but if you ask working families ‘‘(i) the enrollment status of the student; work to hold private student lenders across America what concerns them ‘‘(ii) the student’s cost of attendance at accountable, there are steps we in Con- greatly, it is the amount of debt kids the institution as determined by the institu- tion under part F of title IV of the Higher gress should take to make sure stu- are incurring to go to college. In some families, mom and dad have never been Education Act of 1965; and dents have a fighting chance. ‘‘(iii) the difference between— Today, Senators FRANKEN, REED, and to college, and sending their son or ‘‘(I) such cost of attendance; and I will introduce the Know Before You daughter off to a university is a dream ‘‘(II) the student’s estimated financial as- Owe Private Education Loan Act of come true. It can turn into a night- sistance, including such assistance received 2016. This legislation requires school mare if they end up at for-profit col- under title IV of the Higher Education Act of certification before a student can take leges and universities. 1965 and other financial assistance known to out a private loan. There are certain I put on the Record the last time I the institution, as applicable. steps the school has to take before cer- spoke—and I will put it on again—the ‘‘(B) EXCEPTION.—Notwithstanding sub- basic numbers to know about the for- paragraph (A), a creditor may issue funds tifying a loan. The prospective bor- with respect to an extension of credit de- rower’s school has to confirm the stu- profit college and university industry. Ten percent of all college students at- scribed in this subsection without obtaining dent’s enrollment status, cost of at- from the relevant institution of higher edu- tendance, and estimated Federal finan- tend these schools, schools such as the cation such institution’s certification if such cial aid assistance before certifying. University of Phoenix, DeVry, Kaplan, institution fails to provide within 15 business The school must also notify students of and Rasmussen. You know the names. days of the creditor’s request for such cer- the amount of unused Federal student Ten percent of the students end up in tification— aid for which they are still eligible. these schools, but when it comes to ‘‘(i) the requested certification; or ‘‘(ii) notification that the institution has Think about that. Some of these student loan defaults, 40 percent of the student loan defaults are students from received the request for certification and schools are luring students into more will need additional time to comply with the expensive, terrible private loans when for-profit colleges and universities. Students are dramatically overcharged certification request. the students are still eligible for lower ‘‘(C) LOANS DISBURSED WITHOUT CERTIFI- for tuition. They are put into courses interest rates and better terms through CATION.—If a creditor issues funds without the Federal Government. I have heard that are worthless, and they end up obtaining a certification, as described in sub- too many stories of for-profit colleges with maybe a certificate or a diploma paragraph (B), such creditor shall report the steering students into these private in- that cannot even land them a job. issuance of such funds in a manner deter- Another statistic that I think is mined by the Director of the Bureau of Con- stitutional loans. This bill will help shameful—and it really should be a re- sumer Financial Protection.’’; stop that. minder to Members of the Senate of (2) by redesignating paragraphs (9), (10), The bill will also ensure that stu- our responsibility—the Department of and (11) as paragraphs (10), (11), and (12), re- dents are given information about the Education analyzed programs at for- spectively; and differences in terms and repayment op- (3) by inserting after paragraph (8) the fol- profit colleges and found that 72 per- tions. For students who still decide to lowing: cent of for-profit college graduates, on get a private student loan, the bill re- ‘‘(9) PROVISION OF INFORMATION.— average, make less money than high quires private lenders to send the stu- ‘‘(A) PROVISION OF INFORMATION TO STU- school dropouts—72 percent. After all dent borrowers quarterly updates on DENTS.— that time, all that debt, all those ‘‘(i) LOAN STATEMENT.—A creditor that their balance, accrued interest, and promises, they make less money than issues any funds with respect to an extension capitalized interest. if they dropped out of high school. How of credit described in this subsection shall The bill also requires private lenders can we continue to subsidize this in- send loan statements, where such loan is to to annually report the number of stu- dustry after what we know about their be used for a student, to borrowers of such dents taking out private loans, the funds not less than once every 3 months dur- performance? We need to hold them to amount of the loans, and the interest ing the time that such student is enrolled at higher standards. rates—all of these to be reported to the an institution of higher education. In the meantime, let’s find a way to ‘‘(ii) CONTENTS OF LOAN STATEMENT.—Each Consumer Financial Protection Bu- protect students and working families reau. Currently, there is little informa- statement described in clause (i) shall— who are trying to realize the American ‘‘(I) report the borrower’s total remaining tion publicly available about private dream, make this a better nation, and debt to the creditor, including accrued but student loans. Increasing the amount provide a better life for themselves and unpaid interest and capitalized interest; of available information will help pol- their families. ‘‘(II) report any debt increases since the icymakers and enforcement agencies Mr. President, I ask unanimous con- last statement; and more effectively protect students and sent that the text of the bill be printed ‘‘(III) list the current interest rate for each loan. their families. in the RECORD. ‘‘(B) NOTIFICATION OF LOANS DISBURSED Here are a few of the organizations There being no objection, the text of supporting our bill: the Institute for WITHOUT CERTIFICATION.—On or before the the bill was ordered to be printed in date a creditor issues any funds with respect College Access and Success, National the RECORD, as follows: to an extension of credit described in this Association for College Admission S. 3347 subsection, the creditor shall notify the rel- Counseling, National Consumer Law Be it enacted by the Senate and House of Rep- evant institution of higher education, in Center, Consumer Action, National As- resentatives of the United States of America in writing, of the amount of the extension of sociation of Student Financial Aid Ad- Congress assembled, credit and the student on whose behalf credit ministrators, National Association of SECTION 1. SHORT TITLE. is extended. The form of such written notifi- Consumer Advocates, Consumers This Act may be cited as the ‘‘Know Before cation shall be subject to the regulations of Union, the American Association of You Owe Private Education Loan Act of the Bureau. ‘‘(C) ANNUAL REPORT.—A creditor that University Women, the American Fed- 2016’’. SEC. 2. AMENDMENTS TO THE TRUTH IN LEND- issues funds with respect to an extension of eration of Teachers. ING ACT. credit described in this subsection shall pre- Loan certification for private edu- (a) IN GENERAL.—Section 128(e) of the pare and submit an annual report to the Bu- cation loans could keep many students Truth in Lending Act (15 U.S.C. 1638(e)) is reau containing the required information from taking on unnecessary debt or un- amended— about private student loans to be determined

VerDate Sep 11 2014 02:56 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.033 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5847 by the Bureau, in consultation with the Sec- students whose parents are not eligible for a concentrated in fields such as construc- retary of Education.’’. Federal Direct PLUS Loan. tion, health care, manufacturing, and (b) DEFINITION OF PRIVATE EDUCATION ‘‘(II) The borrower’s ability to select a pri- hospitality. Expanding career and tech- LOAN.—Section 140(a)(7)(A) of the Truth in vate educational lender of the borrower’s nical education opportunities to these Lending Act (15 U.S.C. 1650(a)(7)(A)) is choice. amended— ‘‘(III) The impact of a proposed private workers could enhance their career op- (1) by redesignating clause (ii) as clause education loan on the borrower’s potential portunities and strengthen their earn- (iii); eligibility for other financial assistance, in- ing potential, fueling economic produc- (2) in clause (i), by striking ‘‘and’’ after the cluding Federal financial assistance under tivity and growth for the future. Unfor- semicolon; and this title. tunately, according to the U.S. Depart- (3) by adding after clause (i) the following: ‘‘(IV) The borrower’s right to accept or re- ment of Education, roughly half of low- ‘‘(ii) is not made, insured, or guaranteed ject a private education loan within the 30- under title VII or title VIII of the Public skilled workers are not engaged in for- day period following a private educational mal or non-formal learning opportuni- Health Service Act (42 U.S.C. 292 et seq. and lender’s approval of a borrower’s application 296 et seq.); and’’. and about a borrower’s 3-day right to cancel ties. The CTE for All Act aims to (c) REGULATIONS.—Not later than 365 days period. change that by ensuring that there are after the date of enactment of this Act, the ‘‘(C) For purposes of this paragraph, the pathways for adult learners in career Bureau of Consumer Financial Protection terms ‘private educational lender’ and ‘pri- and technical education programs. shall issue regulations in final form to im- vate education loan’ have the meanings plement paragraphs (3) and (9) of section Specifically, our legislation will en- given such terms in section 140 of the Truth 128(e) of the Truth in Lending Act (15 U.S.C. sure that programs funded under the in Lending Act (15 U.S.C. 1650).’’. 1638(e)), as amended by subsection (a). Such Carl D. Perkins Career and Technical (b) EFFECTIVE DATE.—The amendment regulations shall become effective not later made by subsection (a) shall take effect on Education Act are aligned with adult than 6 months after their date of issuance. the effective date of the regulations de- education programs and industry sec- SEC. 3. AMENDMENT TO THE HIGHER EDU- scribed in section 2(c). tor partnerships authorized under the CATION ACT OF 1965. SEC. 4. REPORT. Workforce Innovation and Opportunity (a) AMENDMENT TO THE HIGHER EDUCATION Not later than 24 months after the issuance ACT OF 1965.—Section 487(a) of the Higher Act. The CTE for All Act will require Education Act of 1965 (20 U.S.C. 1094(a)) is of regulations under section 2(c), the Direc- that the state director for adult edu- amended by striking paragraph (28) and in- tor of the Bureau of Consumer Financial cation is consulted in the development serting the following: Protection and the Secretary of Education of the statewide plan for career and ‘‘(28)(A) The institution shall— shall jointly submit to Congress a report on technical education. The bill adds low- ‘‘(i) upon the request of a private edu- the compliance of institutions of higher edu- cation and private educational lenders with skilled adults to the special popu- cational lender, acting in connection with an lations to be served in career and tech- application initiated by a borrower for a pri- section 128(e)(3) of the Truth in Lending Act vate education loan in accordance with sec- (15 U.S.C. 1638(e)), as amended by section 2, nical education programs and will tion 128(e)(3) of the Truth in Lending Act, and section 487(a)(28) of the Higher Edu- allow states to report separate per- provide certification to such private edu- cation Act of 1965 (20 U.S.C. 1094(a)), as formance indicators for adult career cational lender— amended by section 3. Such report shall in- and technical education students. The ‘‘(I) that the student who initiated the ap- clude information about the degree to which legislation would also allow adult edu- plication for the private education loan, or specific institutions utilize certifications in cation providers that offer integrated on whose behalf the application was initi- effectively encouraging the exhaustion of Federal student loan eligibility and lowering education and training programs to re- ated, is enrolled or is scheduled to enroll at ceive career and technical education the institution; student private education loan debt. ‘‘(II) of such student’s cost of attendance funding. Additionally, the legislation at the institution as determined under part By Mr. REED (for himself and encourages career and technical edu- F of this title; and Ms. BALDWIN): cation programs to include work expe- ‘‘(III) of the difference between— S. 3349. A bill to amend the Carl D. riences for their students. ‘‘(aa) the cost of attendance at the institu- Perkins Career and Technical Edu- We have worked with the adult edu- tion; and cation Act of 2006 to improve career cation community and other stake- ‘‘(bb) the student’s estimated financial as- and technical education opportunities holders in developing this legislation. sistance received under this title and other for adult learners, and for other pur- We are pleased to have the support of assistance known to the institution, as ap- poses; to the Committee on Health, plicable; and the National Council of State Directors ‘‘(ii) provide the certification described in Education, Labor, and Pensions. of Adult Education, the Commission on clause (i), or notify the creditor that the in- Mr. REED. Mr. President, I am proud Adult Basic Education, the National stitution has received the request for certifi- to introduce the Career and Technical Skills Coalition, the Center for Law cation and will need additional time to com- Education for Adult Learners or the and Social Policy, CLASP, and the Na- ply with the certification request— CTE for All Act with my colleague, tional Council of Adult Learning. ‘‘(I) within 15 business days of receipt of Senator BALDWIN. We are stronger as a nation when such certification request; and Our legislation addresses the critical every person—no matter their starting ‘‘(II) only after the institution has com- need to expand educational opportuni- pleted the activities described in subpara- point—has the opportunity to develop ties for working adults with low aca- their skills and reach their potential. graph (B). demic skills. A Department of Edu- ‘‘(B) The institution shall, upon receipt of The CTE for All Act will strengthen a certification request described in subpara- cation update of the Organisation for the ladder of opportunity for low- graph (A)(i), and prior to providing such cer- Economic Co-operation and Develop- skilled adults who work hard every day tification— ment, OECD, 2013 Survey of Adult to provide for their families. I urge my ‘‘(i) determine whether the student who Skills confirms that a significant num- colleagues to support this legislation initiated the application for the private edu- ber of working adults in the United and work with us to include these pro- cation loan, or on whose behalf the applica- States have low literacy, numeracy, tion was initiated, has applied for and ex- visions in the reauthorization of the and digital problem solving skills. Spe- Carl D. Perkins Career and Technical hausted the Federal financial assistance cifically, 14 percent have low literacy available to such student under this title and Education Act. skills; 23 percent have low numeracy inform the student accordingly; and f ‘‘(ii) provide the borrower whose loan ap- skills; and 62 percent have low digital plication has prompted the certification re- problem solving skills. Moreover, the SUBMITTED RESOLUTIONS quest by a private education lender, as de- skills gap has no age barrier as half of scribed in subparagraph (A)(i), with the fol- low skilled working adults are under lowing information and disclosures: the age of 45. SENATE RESOLUTION 560—DESIG- ‘‘(I) The amount of additional Federal stu- Our ability to accelerate the eco- NATING OCTOBER 30, 2016, AS A dent assistance for which the borrower is eli- nomic momentum we have seen in the NATIONAL DAY OF REMEM- gible and the potential advantages of Fed- latest income data from the U.S. Cen- BRANCE FOR NUCLEAR WEAP- eral loans under this title, including disclo- ONS PROGRAM WORKERS sure of the fixed interest rates, deferments, sus Bureau will depend, in large part, flexible repayment options, loan forgiveness on our commitment to providing edu- Mr. ALEXANDER (for himself, Mr. programs, and additional protections, and cation and training opportunities to UDALL, Mr. CORKER, Mr. HEINRICH, Mr. the higher student loan limits for dependent low-skilled adults. These workers are MCCONNELL, Mr. REID, Ms. MURKOWSKI,

VerDate Sep 11 2014 05:31 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.029 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5848 CONGRESSIONAL RECORD — SENATE September 15, 2016 Ms. CANTWELL, Mr. GRAHAM, Mr. CASEY, Mr. MARKEY, Mrs. SHAHEEN, Mr. SENATE RESOLUTION 562—EX- BROWN, and Mr. PORTMAN) submitted BENNET, Ms. BALDWIN, Ms. WARREN, PRESSING SUPPORT FOR DES- the following resolution; which was re- Mr. PETERS, Mr. SCHATZ, Mr. HEINRICH, IGNATION OF THE WEEK OF OC- ferred to the Committee on the Judici- Mr. LEAHY, Ms. HIRONO, Ms. MIKULSKI, TOBER 9, 2016, THROUGH OCTO- ary: Mr. REID, and Ms. KLOBUCHAR) sub- BER 15, 2016, AS ‘‘EARTH SCIENCE S. RES. 560 mitted the following resolution; which WEEK’’ Whereas, since World War II, hundreds of was referred to the Committee on Ms. MURKOWSKI (for herself, Mr. thousands of men and women, including ura- Health, Education, Labor, and Pen- ALEXANDER, Ms. CANTWELL, Mrs. CAP- nium miners, millers, and haulers, have sions: ITO, Mr. CASSIDY, Ms. HIRONO, Mr. NEL- served the United States by building nuclear SON, Mr. PETERS, Mr. KING, Mr. MAR- weapons for the defense of the United States; S. RES. 561 Whereas dedicated workers paid a high KEY, and Mr. HEINRICH) submitted the Whereas under the Patient Protection and following resolution; which was re- price for developing a nuclear weapons pro- Affordable Care Act (Public Law 111–148; 124 gram at the service, and for the benefit of, Stat. 119) (referred to in this preamble as the ferred to the Committee on Commerce, the United States, including by developing ‘‘Affordable Care Act’’), 20,000,000 Americans Science, and Transportation: disabling or fatal illnesses; have gained health insurance coverage, in- S. RES. 562 Whereas the Senate recognized the con- cluding 11,000,000 Americans that have cov- Whereas 2016 marks the 19th annual inter- tributions, services, and sacrifices that those erage through the public exchanges created national Earth Science Week, designated by patriotic men and women made for the de- by that Act; the American Geosciences Institute to help fense of the United States in— Whereas the uninsured rate is at its lowest the public gain a better understanding of and (1) Senate Resolution 151, 111th Congress, point in history, but there is more work to appreciation for the Earth sciences and to agreed to May 20, 2009; be done to provide access to coverage for encourage stewardship of the Earth; (2) Senate Resolution 653, 111th Congress, Americans that remain uninsured, and to re- Whereas the theme of Earth Science Week agreed to September 28, 2010; duce deductibles and out-of-pocket costs for for 2016, ‘‘Our Shared Geoheritage’’, pro- (3) Senate Resolution 275, 112th Congress, the 31,000,000 Americans who are currently motes better understanding and appreciation agreed to September 26, 2011; underinsured; of sites or areas with geologic features of sig- (4) Senate Resolution 519, 112th Congress, Whereas before the date of enactment of nificant scientific, educational, cultural, his- agreed to August 1, 2012; the Affordable Care Act, millions of individ- toric, or aesthetic value; (5) Senate Resolution 164, 113th Congress, uals with preexisting conditions were denied Whereas the study of the Earth sciences agreed to September 18, 2013; health coverage by insurance companies that leads to an improved understanding of the (6) Senate Resolution 417, 113th Congress, controlled who received health care in the Earth’s natural systems and the interplay agreed to July 9, 2014; and United States; between human society and those systems; (7) Senate Resolution 213, 114th Congress, Whereas profound disparities persist in Whereas the Earth sciences enable the dis- agreed to September 25, 2015; health outcomes based on race, ethnicity, covery, development, and responsible pro- Whereas a national day of remembrance and geography, and nearly 4,000,000 adults, duction of the mineral base of the United time capsule has been crossing the United disproportionately people of color, lack cov- States, which contributes to the strength of States, collecting stories and artifacts of nu- erage as a result of the failure of 19 States to the economy of the United States and raises clear weapons program workers relating to expand the Medicaid program under title the standard of living in the United States; the nuclear defense era of the United States, XIX of the Social Security Act (42 U.S.C. 1396 Whereas geologic mapping and remote and a remembrance quilt has been con- et seq.) under the Affordable Care Act; sensing technologies provide the structed to memorialize the contribution of Whereas public insurance options for work- foundational knowledge of Earth’s natural those workers; ers’ compensation insurance have resulted in systems that is integral— Whereas the stories and artifacts reflected lower rates for small businesses and more (1) to the discovery, development, and con- in the time capsule and the remembrance competition in several States; servation of energy, water, and natural re- quilt reinforce the importance of recognizing Whereas giving all Americans the choice of sources; and nuclear weapons program workers; and a public, nonprofit health insurance option (2) to the safe disposal of waste products; Whereas those patriotic men and women would— Whereas the geological aspects of re- deserve to be recognized for the contribu- sources, hazards, and the environment are (1) lead to increased competition and re- tions, services, and sacrifices they made for vital to land management and land use deci- duced premiums; the defense of the United States: Now, there- sions at the local, State, regional, national, fore, be it (2) cut wasteful spending on administra- and international levels; Resolved, That the Senate— tion, marketing, and executive pay; and Whereas the Earth sciences provide the (1) designates October 30, 2016, as a na- basis for locating, assessing, monitoring, and tional day of remembrance for the nuclear (3) ensure that consumers have the afford- able choices they deserve; mitigating natural hazards, such as earth- weapons program workers of the United quakes, landslides, floods, droughts, States, including the uranium miners, mil- Whereas establishing a State-based public health insurance plan is possible through the wildfires, subsidence, hurricanes, coastal lers, and haulers; and erosion, and volcanic eruptions; (2) encourages the people of the United use of State innovation waivers established by the Affordable Care Act, which allow Whereas the Earth sciences are vital in States to support and participate in appro- protecting health and human safety during priate ceremonies, programs, and other ac- States to promote unique, creative, and in- novative approaches to implementing mean- natural hazards events; tivities to commemorate October 30, 2016, as Whereas Earth scientists working in ma- a national day of remembrance for past and ingful health care reform, including a public option; rine environments contribute to the under- present workers in the nuclear weapons pro- standing of global oceans, enabling advances gram of the United States. Whereas public programs such as the Medi- care program under title XVIII of the Social in food management, national security, en- f Security Act (42 U.S.C. 1395 et seq.) often de- ergy resources, transportation, economic SENATE RESOLUTION 561—SUP- liver care more cost-effectively by limiting growth, and recreation; Whereas the Earth sciences support the PORTING EFFORTS TO INCREASE administrative overhead and securing better prices from providers; and ability to manage healthy and productive COMPETITION AND ACCOUNT- soils and ocean and river waters and fish- ABILITY IN THE HEALTH INSUR- Whereas the Congressional Budget Office has found that a public health insurance op- eries, the foundations of the food supply of ANCE MARKETPLACE, AND TO tion would save taxpayers billions of dollars: the United States; EXTEND ACCESSIBLE, QUALITY, Now, therefore, be it Whereas the Earth sciences enhance under- AFFORDABLE HEALTH CARE standing of current and past global condi- Resolved, That the Senate supports efforts tions and offer a basis for anticipating future COVERAGE TO EVERY AMERICAN to build on the Patient Protection and Af- THROUGH THE CHOICE OF A conditions; fordable Care Act (Public Law 111–148; 124 Whereas the Earth sciences contribute to PUBLIC INSURANCE PLAN Stat. 119) by ensuring that, in addition to the understanding Earth as a planet in the solar Mr. MERKLEY (for himself, Mr. health coverage options provided by private system and the universe; SCHUMER, Mrs. MURRAY, Mr. DURBIN, insurers, every American has access to a Whereas Earth science research leads to Mr. SANDERS, Ms. STABENOW, Mrs. public health insurance option, which, when the development of innovative new tech- established, will— nologies and industries that fuel the econ- BOXER, Mrs. FEINSTEIN, Mr. FRANKEN, (1) strengthen competition; omy of the United States and improve qual- Mr. WHITEHOUSE, Mr. UDALL, Mr. (2) improve affordability for families by re- ity of life in the United States; WYDEN, Mr. BROWN, Mrs. GILLIBRAND, ducing premiums and increasing choices; and Whereas Earth science researchers and Mr. MURPHY, Mr. MENENDEZ, Mr. REED, (3) save American taxpayers billions of dol- educators drive creativity and passion for Mr. CARDIN, Mr. BLUMENTHAL, Mr. lars. the Science, Technology, Engineering, and

VerDate Sep 11 2014 05:13 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.031 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5849 Mathematics (commonly known as ‘‘STEM’’) Wars, the Disabled American Veterans, Jew- Whereas President Barack Obama stated in fields among students of all ages through di- ish War Veterans, AMVETS, Vietnam Vet- response to the nuclear test that ‘‘far from verse and innovative education and public erans of America, Special Forces Associa- achieving its stated national security and outreach efforts; tion, Special Operations Association, Rolling economic development goals, North Korea’s Whereas geoscientists and researchers in Thunder, and other more recently formed provocative and destabilizing actions have the labs, universities, research institutions, groups, and thousands of families are yearn- instead served to isolate and impoverish its and Federal agencies of the United States ing and advocating for answers concerning people through its relentless pursuit of nu- continually push the frontiers of human the fates of their loved ones and comrades in clear weapons and ballistic missile capabili- knowledge, help develop and incubate the arms; ties’’; concepts and programs that keep the compa- Whereas the mission of the Defense POW/ Whereas Secretary of State John Kerry nies and industries of the United States at MIA Accounting Agency of the Department stated in response to the nuclear test that the innovative forefront of the world’s econ- of Defense is to provide the fullest possible ‘‘the D.P.R.K.’s repeated and willful viola- omy, and inspire future generations of re- accounting for missing members of the tions of its obligations under U.N. Security searchers, scientists, and informed citizens; Armed Forces of the United States, des- Council Resolutions, its belligerent and er- and ignated civilians of the Department, and ratic threats, and web of illicit activities Whereas the Earth sciences make vital other designated personnel; and around the world indicate it has no interest contributions to an understanding of and re- Whereas the recovery and investigation in participating in global affairs as a respon- spect for nature and the Earth: Now, there- teams of the Department of Defense deploy sible member of the international commu- fore, be it to countries around the world to account as nity’’; Resolved, That the Senate— fully as possible for these missing and other- Whereas United States Ambassador to the (1) supports the designation of the week of wise unaccounted-for personnel of the United United Nations Samantha Power stated in October 9, 2016, through October 15, 2016, as States: Now, therefore, be it explanation of the vote on United Nations ‘‘Earth Science Week’’; Resolved, That the Senate— Security Council Resolution 2270 that ‘‘the (2) expresses strong support for the goals (1) calls upon the Defense POW/MIA Ac- chronic suffering of the people of North and ideals of Earth Science Week to increase counting Agency and other elements of the Korea is the direct result of the choices the understanding of and interest in the Department of Defense, other elements of made by the DPRK government, a govern- Earth sciences at the local, State, national, the Federal Government, and all foreign ment that has consistently prioritized its and international levels; countries to intensify efforts to investigate, nuclear weapons and ballistic missile pro- (3) recognizes the importance of education recover, identify and account as fully as pos- grams over providing for the most basic and public outreach efforts to ensure that sible for all missing and unaccounted-for needs of its own people . . . the North Ko- the people of the United States gain a better personnel of the United States around the rean government would rather grow its nu- understanding of and appreciation for the world; and clear weapons program than grow its chil- impact of the Earth sciences on their daily (2) calls upon all foreign countries with in- dren’’; lives; formation on missing personnel of the Whereas Republic of Korea President Park (4) encourages K-12 students— United States, or with missing personnel of Geun-hye stated, in response to the nuclear (A) to participate in local, State, and na- the United States within their territories, to test, ‘‘North Korea’s nuclear test, already the second this year, cannot be regarded as tional events in connection with Earth cooperate fully with the Government of the anything else but a direct defiance against Science Week; and United States to provide the fullest possible the international community . . . the nu- (B) to get involved in the celebration of accounting for all missing personnel of the clear threat posed by North Korea is an ur- Earth Science Week by exploring artistic United States. gent and present threat. Accordingly, our and academic applications of the Earth and the international community’s response sciences; and f too should now be completely different from (5) encourages the people of the United SENATE RESOLUTION 564—CON- before.’’; States to observe Earth Science Week with DEMNING NORTH KOREA’S FIFTH Whereas Congress passed the North Korea appropriate activities— Sanctions and Policy Enhancement Act (A) to gain a better understanding of and NUCLEAR TEST ON SEPTEMBER 9, 2016 (NKSPEA) on February 18, 2016 (Public Law appreciation for the Earth sciences; and 114–122); (B) to encourage stewardship of the Earth. Mr. CARDIN (for himself, Mr. REED, Whereas NKSPEA imposes mandatory f Mrs. FEINSTEIN, Mr. DURBIN, and Mr. sanctions on individuals who contribute to SENATE RESOLUTION 563—CALL- SCHUMER) submitted the following res- North Korea’s nuclear program, proliferation activities, malicious cyberattacks, and ING ON THE DEPARTMENT OF olution; which was referred to the Committee on Foreign Relations: human rights abuses; DEFENSE, OTHER ELEMENTS OF Whereas, on June 1 2016, the Department of THE FEDERAL GOVERNMENT, S. RES. 564 the Treasury designated North Korea as a AND FOREIGN COUNTRIES TO IN- Whereas the Democratic People’s Republic ‘‘primary money laundering concern’’ under TENSIFY EFFORTS TO INVES- of North Korea (DPRK) conducted its fifth section 5318A of title 31, United States Code; TIGATE, RECOVER, AND IDEN- nuclear test on September 9, 2016, in Whereas, on July 6, 2016, the Department of TIFY ALL MISSING AND UNAC- Punggye-ri, North Hamgyong Province; the Treasury designated top officials of the Whereas North Korea’s nuclear test on COUNTED-FOR PERSONNEL OF North Korean regime, including North Ko- September 9th, the second nuclear test this rean leader Kim Jong Un, ten other individ- THE UNITED STATES year, follows an unprecedented campaign of uals, and five entities, for their role as per- Mr. MCCAIN submitted the following ballistic missile launches, which the Govern- petrators of human rights abuses in North resolution; which was referred to the ment of North Korea claims are intended to Korea; and Committee on Foreign Relations: serve as delivery vehicles for nuclear weap- Whereas additional measures to further ons targeting the United States and United curtail North Korea’s access to international S. RES. 563 States allies South Korea and Japan; financial markets, further impede trade that Whereas more than 83,000 personnel of the Whereas North Korea continues to test nu- benefits the Government of North Korea, United States are still unaccounted-for clear weapons and intercontinental and sub- government and party officials, and military around the world from past wars and con- marine-launched ballistic missiles, which entities, and freeze assets of North Korean flicts; pose a major threat to the United States and officials are available both through already Whereas, though recognizing that an esti- United States allies and partners in Asia and authorized unilateral United States policy, mated 50,000 of these World War II personnel, around the world; including secondary sanctions on entities were lost deep at sea and are unlikely ever to Whereas the Government of North Korea’s that facilitate trade with North Korea and be recovered, thousands of families and belligerent behavior has been in direct defi- designations for actions which undermine friends have waited decades for the account- ance of United Nations Security Council Res- cybersecurity, and through the United Na- ing of their loved ones and comrades in arms; olutions 1718 (adopted October 14, 2006), 1874 tions Security Council: Now, therefore, be it Whereas the families of these brave Ameri- (adopted June 12, 2009), 2087 (adopted Janu- Resolved, That the Senate— cans deserve our nation’s best efforts to ary 22, 2013), 2094 (adopted March 7, 2013), and (1) condemns the North Korean regime for achieve the fullest possible accounting for 2270 (adopted March 2, 2016) and the non-pro- continuing its dangerous provocations, fo- their missing loved ones; liferation regime; cusing solely on the advancement of its nu- Whereas the National League of POW/MIA Whereas the United Nations Security clear and missile capabilities while violating Families, and their iconic POW/MIA flag, pi- Council strongly condemned North Korea’s the human rights of its people; oneered the accounting effort since 1970 and nuclear test and expressed its willingness to (2) calls on the North Korean regime to im- has been joined in this humanitarian quest begin to work immediately on appropriate mediately and unconditionally meet its obli- for answers by the Korean War, Cold War and measures under Article 41 in a United Na- gation to abandon its nuclear weapons and World War II families, fully supported by the tions Security Council Resolution after its missile programs in a complete, verifiable, American Legion, the Veterans of Foreign meeting on September 10, 2016; and irreversible manner;

VerDate Sep 11 2014 02:56 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.033 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5850 CONGRESSIONAL RECORD — SENATE September 15, 2016 (3) calls on China to exercise its significant tutions of higher education, yet serve more Whereas more than 1 in 5 women in the economic and diplomatic leverage over the than 63 percent of all Hispanic under- United States and up to 1 in 7 men in the DPRK, including through the aggressive en- graduate students, enrolling more than United States have experienced severe phys- forcement of existing United Nations Secu- 1,750,000 Hispanic undergraduate students ical violence by an intimate partner; rity Council resolutions, in order to halt and more than 86,000 Hispanic graduate stu- Whereas, on average, 3 women are killed by North Korea’s illegal nuclear and missile dents in 2014; a current or former intimate partner every programs; Whereas the number of ‘‘emerging His- day in the United States, according to the (4) reaffirms the commitment of the panic-Serving Institutions’’, defined as insti- Bureau of Justice Statistics; United States to defending allies in the re- tutions that do not yet meet the threshold of Whereas personal safety and economic se- gion, including through deployment of a Ter- 25 percent Hispanic enrollment but serve a curity are often inextricably linked for vic- minal High Altitude Area Defense (THAAD) Hispanic student population of between 15 tims of domestic violence, according to the battery to the Republic of Korea and joint and 24 percent, grew to more than 300 col- National Network to End Domestic Violence; United States-Japan efforts to develop the leges and universities in 2014; Whereas 1 in 11 women and 1 in 21 men who next generation of missile defense intercep- Whereas Hispanic-Serving Institutions are have experienced sexual violence, physical tors, including the Standard Missile 3; located in 18 States and Puerto Rico and violence, or stalking by an intimate partner (5) reinforces longstanding United States emerging Hispanic-Serving Institutions are missed work or school as a result of the commitments to provide extended deter- located in 33 States and Washington, DC; abuse; rence, guaranteed by the full spectrum of Whereas Hispanic-Serving Institutions are Whereas the National Domestic Violence United States defense capabilities, to the Re- actively involved in stabilizing and improv- Counts Census found that during 1 day dur- public of Korea and Japan; ing the communities in which the institu- ing September 2015, more than 71,828 victims (6) supports ongoing efforts to strengthen tions are located; of domestic violence received services, but the United States-Republic of Korea alli- Whereas celebrating the vast contributions 12,197 requests for services went unmet due ance, to protect the 28,500 members of the of Hispanic-Serving Institutions to the to a lack of funding and resources; United States Armed Forces stationed on the United States strengthens the culture of the Whereas domestic violence affects women, Korean Peninsula, and to defend the alliance United States; and men, and children of every age and back- against any and all provocations committed Whereas the achievements and goals of ground, but women— by the North Korean regime; and Hispanic-Serving Institutions deserve na- (1) experience more domestic violence than (7) calls on all members of the United Na- tional recognition: Now, therefore, be it men; and tions Security Council to take immediate Resolved, That the Senate— (2) are significantly more likely than men action to pass additional and meaningful (1) recognizes the achievements and goals to be injured during an assault by an inti- new measures under Article 41 of the United of Hispanic-Serving Institutions across the mate partner; Nations Charter, including— United States; Whereas women aged 18 to 34 typically ex- (A) stricter measures to eliminate excep- (2) designates the week beginning Sep- perience the highest rates of intimate part- tions in current United Nation Security tember 12, 2016, as ‘‘National Hispanic-Serv- ner violence, according to the Bureau of Jus- Council resolution sanctions; ing Institutions Week’’; and tice Statistics; (B) further restrictions on imports and ex- (3) calls on the people of the United States Whereas most female victims of intimate ports of such sectoral commodities as coal, and interested groups to observe National partner violence have been victimized by the iron, and precious metals and the prohibition Hispanic-Serving Institutions Week with ap- same offender previously; on fuel oil exports to North Korea; propriate ceremonies, activities, and pro- Whereas domestic violence is cited as a (C) elimination of access for entities in- grams to demonstrate support for Hispanic- significant factor in homelessness among volved in North Korea’s nuclear and ballistic Serving Institutions. missile programs to international financial families; markets and banking; f Whereas research shows that households in (D) restrictions on the use of North Korean which children are abused or neglected are SENATE RESOLUTION 566—SUP- likely to have a higher rate of intimate part- subcontractors in global supply chains, par- PORTING THE GOALS AND ticularly in the textile and apparel industry; ner violence; (E) restrictions on the supply of aviation IDEALS OF NATIONAL DOMESTIC Whereas millions of children are exposed fuel and a ban on civilian aviation; VIOLENCE AWARENESS MONTH, to domestic violence each year; (F) a ban on bulk cash transfers to and COMMENDING DOMESTIC VIO- Whereas victims of domestic violence expe- from North Korea; LENCE VICTIM ADVOCATES, DO- rience immediate and long-term negative (G) prevention of the use of North Korean MESTIC VIOLENCE VICTIM SERV- outcomes, including detrimental effects on labor in third-country projects and agree- mental and physical health; ICE PROVIDERS, CRISIS HOTLINE Whereas crisis hotlines serving domestic ments; and STAFF, AND FIRST RESPONDERS (H) a downgrading of North Korean diplo- violence operate 24 hours per day, 365 days matic representation. SERVING VICTIMS OF DOMESTIC per year, and offer important— VIOLENCE FOR THEIR COMPAS- (1) crisis intervention; f SIONATE SUPPORT OF VICTIMS (2) support; SENATE RESOLUTION 565—DESIG- OF DOMESTIC VIOLENCE, AND (3) information; and NATING THE WEEK BEGINNING EXPRESSING THE SENSE OF THE (4) referrals for victims; SEPTEMBER 12, 2016, AS ‘‘NA- SENATE THAT CONGRESS Whereas staff and volunteers of domestic TIONAL HISPANIC-SERVING IN- SHOULD CONTINUE TO SUPPORT violence shelters and programs in the United STITUTIONS WEEK’’ States, in cooperation with 56 State and ter- EFFORTS TO END DOMESTIC VIO- ritorial coalitions against domestic violence, Mr. MENENDEZ (for himself, Mr. LENCE AND HOLD PERPETRA- serve— REID, Mr. CORNYN, Mr. BENNET, Mr. TORS OF DOMESTIC VIOLENCE (1) thousands of adults and children each BOOKER, Mr. CASEY, Mr. COONS, Mr. ACCOUNTABLE day; and DURBIN, Mrs. FEINSTEIN, Mr. HELLER, Mr. GRASSLEY (for himself, Mr. (2) at least 1,000,000 adults and children each year; Mrs. MURRAY, Mr. NELSON, Mr. RUBIO, LEAHY, Ms. AYOTTE, and Ms. KLO- Mr. SCHUMER, Mr. UDALL, Ms. WARREN, Whereas law enforcement officers in the BUCHAR) submitted the following reso- United States put their lives at risk each Mr. HATCH, Mr. KAINE, and Mr. HEIN- lution; which was considered and day by responding to incidents of domestic RICH) submitted the following resolu- agreed to: violence, which can be among the most vola- tion; which was considered and agreed S. RES. 566 tile and deadly disturbance calls; to: Whereas domestic violence victim advo- Whereas Congress first demonstrated a sig- S. RES. 565 cates, domestic violence service providers, nificant commitment to supporting victims Whereas Hispanic-Serving Institutions are domestic violence first responders, and other of domestic violence through the landmark degree-granting institutions that have a full- individuals in the United States observe the enactment of the Family Violence Preven- time equivalent undergraduate enrollment of month of October, 2016, as ‘‘National Domes- tion and Services Act (42 U.S.C. 10401 et not less than 25 percent Hispanic students; tic Violence Awareness Month’’ in order to seq.); Whereas Hispanic-Serving Institutions increase awareness in the United States Whereas Congress has remained committed play an important role in educating many about the issue of domestic violence; to protecting survivors of all forms of domes- underprivileged students and helping those Whereas it is estimated that each year ap- tic violence and sexual abuse by making students attain their full potential through proximately 12,673,000 individuals in the Federal funding available to support the ac- higher education; United States are victims of intimate part- tivities that are authorized under— Whereas more than 400 Hispanic-Serving ner violence, including— (1) the Family Violence Prevention and Institutions operate in the United States; (1) physical violence; Services Act (42 U.S.C. 10401 et seq.); and Whereas Hispanic-Serving Institutions rep- (2) rape; or (2) the Violence Against Women Act of 1994 resent just 13 percent of all non-profit insti- (3) stalking; (42 U.S.C. 13925 et seq.);

VerDate Sep 11 2014 02:56 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.034 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5851 Whereas there is a need to continue to sup- Whereas elements of character transcend Whereas, in 2003, the Museum, having out- port programs and activities aimed at do- cultural, religious, and socioeconomic dif- grown its original home, moved to 3315 Broad mestic violence intervention and domestic ferences; Street in Chattanooga; violence prevention in the United States; Whereas the character and conduct of Whereas, in 2006, the Museum officially and youth reflect the character and conduct of dedicated the Wall of the Fallen, the first Whereas individuals and organizations that society, and, therefore, every adult has the monument in the industry to honor towing are dedicated to preventing and ending do- responsibility to teach and model ethical operators killed in the line of service; mestic violence should be recognized: Now, values and every social institution has the Whereas, in the United States, there are therefore, be it responsibility to promote the development of more than 35,000 tow companies and hun- Resolved, That— good character; dreds of thousands of individuals employed (1) the Senate supports the goals and ideals Whereas Congress encourages individuals in the towing industry, including tow truck of ‘‘National Domestic Violence Awareness and organizations, especially those that have operators, dispatchers, safety advisors, and Month’’; and an interest in the education and training of owners; (2) it is the sense of the Senate that Con- the young people of the United States, to Whereas more than 1 tow truck operator is gress should— adopt the elements of character as intrinsic killed every 6 days assisting motorists on (A) continue to raise awareness of domes- to the well-being of individuals, commu- the roadways of the United States; tic violence in the United States and the cor- nities, and society; Whereas tow truck operators respond to responding devastating effects of domestic Whereas many schools in the United States nearly 15,000,000 accidents per year across violence on survivors, families, and commu- recognize the need, and have taken steps, to the United States; nities; and integrate the values of their communities Whereas tow truck operators are an indis- (B) pledge continued support for programs into teaching activities; and pensable part of keeping the United States designed— Whereas the establishment of ‘‘National moving by keeping the highways of the (i) to assist survivors; Character Counts Week’’, during which indi- United States clear and open for travel; (ii) to hold perpetrators accountable; and viduals, families, schools, youth organiza- Whereas most highway crashes require as- (iii) to bring an end to domestic violence. tions, religious institutions, civic groups, sistance from tow truck operators; and and other organizations focus on character Whereas the people of the United States f education, is of great benefit to the United have a duty to drive safely and be courteous States: Now, therefore, be it toward fellow motorists on the roadways as Resolved, That the Senate— the people of the United States work to- SENATE RESOLUTION 567—DESIG- (1) designates the week beginning October gether toward the common goal of reducing NATING THE WEEK BEGINNING 16, 2016, as ‘‘National Character Counts fatal accidents: Now, therefore, be it OCTOBER 16, 2016, AS ‘‘NATIONAL Week’’; and Resolved, That the Senate— CHARACTER COUNTS WEEK’’ (2) calls upon the people of the United (1) recognizes the 100th anniversary of the States and interested groups— Mr. GRASSLEY (for himself, Ms. tow truck; (A) to embrace the elements of character (2) designates the week of September 9 STABENOW, Mr. ENZI, Mr. DONNELLY, identified by local schools and communities, through 15, 2016, as ‘‘National Towing Indus- and Mr. COCHRAN) submitted the fol- such as trustworthiness, respect, responsi- try Awareness Week’’, to be held in conjunc- lowing resolution; which was consid- bility, fairness, caring, and citizenship; and tion with the International Towing & Recov- ered and agreed to: (B) to observe the week with appropriate ery Hall of Fame & Museum Hall of Fame In- ceremonies, programs, and activities. S. RES. 567 duction Ceremony and the Wall of the Fallen Whereas the well-being of the United f ceremony, each of which is held annually at States requires that the young people of the SENATE RESOLUTION 568—RECOG- the International Towing & Recovery Hall of Fame & Museum in Chattanooga, Tennessee; United States become an involved, caring NIZING THE INVALUABLE CON- citizenry of good character; and TRIBUTIONS OF THE TOWING (3) encourages the people of the United Whereas the character education of chil- AND RECOVERY INDUSTRY IN dren has become more urgent, as violence by States— and against youth increasingly threatens the THE UNITED STATES, THE (A) to observe the move over and slow physical and psychological well-being of the INTERNATIONAL TOWING & RE- down laws in the United States; and people of the United States; COVERY HALL OF FAME & MU- (B) to join in the worthy observance of Na- Whereas, more than ever, children need SEUM, TOWING ASSOCIATIONS tional Towing Industry Awareness Week. strong and constructive guidance from their AROUND THE WORLD, AND THE f families and their communities, including MEMBERS OF THOSE TOWING SENATE RESOLUTION 569—RECOG- schools, youth organizations, religious insti- ASSOCIATIONS AND DESIG- NIZING NOVEMBER 26, 2016, AS tutions, and civic groups; NATING THE WEEK OF SEP- Whereas the character of a nation is only ‘‘SMALL BUSINESS SATURDAY’’ as strong as the character of its individual TEMBER 9 THROUGH 15, 2016, AS AND SUPPORTING THE EFFORTS citizens; ‘‘NATIONAL TOWING INDUSTRY OF THE SMALL BUSINESS AD- Whereas the public good is advanced when AWARENESS WEEK’’ MINISTRATION TO INCREASE young people are taught the importance of Mr. CORKER (for himself, Mr. ALEX- AWARENESS OF THE VALUE OF good character and the positive effects that ANDER, and Mr. COONS) submitted the LOCALLY OWNED SMALL BUSI- good character can have in personal relation- following resolution; which was consid- NESSES ships, in school, and in the workplace; Whereas scholars and educators agree that ered and agreed to: Mr. VITTER (for himself, Mrs. SHA- people do not automatically develop good S. RES. 568 HEEN, Ms. AYOTTE, Ms. CANTWELL, Mr. character and that, therefore, conscientious Whereas, in 1916, Ernest Holmes built the BARRASSO, Mr. PETERS, Mr. PORTMAN, efforts must be made by institutions and in- first twin boom wrecker in Chattanooga, Mr. WARNER, Mr. SCOTT, Mr. DONNELLY, dividuals that influence youth to help young Tennessee, for use in his own garage and Mr. DAINES, Mr. MARKEY, Mr. BOOZMAN, people develop the essential traits and char- later agreed to build and sell the units to Mr. TESTER, Mr. RISCH, Ms. HIRONO, acteristics that comprise good character; others; Mr. HOEVEN, Mr. UDALL, Mrs. FISCHER, Whereas, although character development Whereas the first production wreckers is, first and foremost, an obligation of fami- were known as ‘‘680’s’’ because they cost Ms. MIKULSKI, Ms. MURKOWSKI, Mr. lies, the efforts of faith communities, $680; KING, Mr. INHOFE, Mr. COONS, Ms. COL- schools, and youth, civic, and human service Whereas, in service to the United States, LINS, Ms. HEITKAMP, Mr. KIRK, Mr. organizations also play an important role in the Ernest Holmes Company supplied the W– MANCHIN, Mr. CARDIN, Mrs. BOXER, Ms. fostering and promoting good character; 45 military wrecker for use during World War KLOBUCHAR, Mrs. FEINSTEIN, Mr. BOOK- Whereas Congress encourages students, II; ER, Mr. WHITEHOUSE, Mr. MERKLEY, Mr. teachers, parents, youth, and community Whereas, in 1959, the Ernest Holmes Com- CASEY, Mr. GARDNER, Mr. ENZI, and leaders to recognize the importance of char- pany patented its first tow sling and car Mrs. ERNST) submitted the following acter education in preparing young people to dolly; resolution; which was considered and play a role in determining the future of the Whereas, in the early 1970’s, Gerald Holmes United States; built the first hydraulic towing equipment, agreed to: Whereas effective character education is an advancement in the industry; S. RES. 569 based on core ethical values, which form the Whereas, in 1995, the International Towing Whereas there are 28,773,992 small busi- foundation of a democratic society; & Recovery Hall of Fame & Museum (re- nesses in the United States; Whereas examples of character are trust- ferred to in this preamble as the ‘‘Museum’’) Whereas small businesses represent 99.7 worthiness, respect, responsibility, fairness, was established in Chattanooga, Tennessee, percent of all businesses with employees in caring, citizenship, and honesty; the birthplace of the tow truck; the United States;

VerDate Sep 11 2014 02:56 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.039 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5852 CONGRESSIONAL RECORD — SENATE September 15, 2016 Whereas small businesses employ more amendment intended to be proposed to (D) to leave on the lot any addition, deck, than 49 percent of the employees in the pri- amendment SA 4979 proposed by Mr. porch, entryway, step to the trailer home, vate sector in the United States; MCCONNELL (for Mr. INHOFE (for him- propane tank, or storage shed. Whereas small businesses pay more than 42 (3) CAMPERS OR RECREATIONAL VEHICLES.— self and Mrs. BOXER)) to the bill S. 2848, percent of the total payroll of the employees With respect to a camper or recreational ve- in the private sector in the United States; to provide for the conservation and de- hicle, a permit shall, for each permit year— Whereas small businesses constitute 97.7 velopment of water and related re- (A) from April 1 to October 31, authorize percent of firms exporting goods; sources, to authorize the Secretary of the permittee— Whereas small businesses are responsible the Army to construct various projects (i) to park the camper or recreational vehi- for more than 46 percent of private sector for improvements to rivers and harbors cle on the lot; output; of the United States, and for other pur- (ii) to use the camper or recreational vehi- Whereas small businesses generated 63 per- poses; as follows: cle on the lot; and cent of net new jobs created during the past (iii) to move the camper or recreational ve- At the appropriate place, insert the fol- 20 years; hicle on and off the lot; and lowing: Whereas 87 percent of consumers in the (B) from November 1 to March 31, require a United States agree that the success of small SEC. llll. BUREAU OF RECLAMATION DAKO- permittee to remove the camper or rec- businesses is critical to the overall economic TAS AREA OFFICE PERMIT FEES FOR reational vehicle from the lot. CABINS AND TRAILERS. (c) REMOVAL.— health of the United States; During the period ending 5 years after the Whereas 89 percent of consumers in the (1) IN GENERAL.—The Secretary may re- date of enactment of this Act, the Secretary quire removal of a trailer home from a lot in United States agree that small businesses of the Interior shall not increase the permit contribute positively to local communities a trailer area if the trailer home is flooded fee for a cabin or trailer on land in the State after the date of enactment of this Act. by supplying jobs and generating tax rev- of North Dakota administered by the Dako- (2) REMOVAL AND NEW USE.—If the Sec- enue; tas Area Office of the Bureau of Reclamation Whereas 93 percent of consumers in the retary requires removal of a trailer home by more than 33 percent of the permit fee under paragraph (1), on request by the per- United States agree that it is important to that was in effect on January 1, 2016. support the small businesses in their com- mittee, the Secretary shall authorize the munities; and SEC. lll. USE OF TRAILER HOMES AT HEART permittee— BUTTE DAM AND RESERVOIR (LAKE (A) to replace the trailer home on the lot Whereas November 26, 2016, is an appro- TSCHIDA). with a camper or recreational vehicle in ac- priate day to recognize ‘‘Small Business Sat- (a) DEFINITIONS.—In this section: cordance with this section; or urday’’: Now, therefore, be it (1) ADDITION.—The term ‘‘addition’’ means (B) to place a trailer home on the lot from Resolved, That the Senate joins with the any enclosed structure added onto the struc- April 1 to October 31. Small Business Administration in— ture of a trailer home that increases the liv- (d) TRANSFER OF PERMITS.— (1) recognizing and encouraging the observ- ing area of the trailer home. (1) TRANSFER OF TRAILER HOME TITLE.—If a ance of ‘‘Small Business Saturday’’ on No- (2) CAMPER OR RECREATIONAL VEHICLE.—The vember 26, 2016; and permittee transfers title to a trailer home term ‘‘camper or recreational vehicle’’ in- permitted on a lot in a trailer area, the Sec- (2) supporting efforts— cludes— (A) to encourage consumers to shop lo- retary shall issue a permit to the transferee, (A) a camper, motorhome, trailer camper, under the same terms as the permit applica- cally; and bumper hitch camper, fifth wheel camper, or (B) to increase awareness of the value of ble on the date of transfer, subject to the equivalent mobile shelter; and conditions described in paragraph (3). locally owned small businesses and the im- (B) a recreational vehicle. (2) TRANSFER OF CAMPER OR RECREATIONAL pact of locally owned small businesses on the (3) IMMEDIATE FAMILY.—The term ‘‘imme- economy of the United States. VEHICLE TITLE.—If a permittee who has a per- diate family’’ means a spouse, grandparent, mit to use a camper or recreational vehicle f parent, sibling, child, or grandchild. on a lot in a trailer area transfers title to (4) PERMIT.—The term ‘‘permit’’ means a the interests of the permittee on or to the AMENDMENTS SUBMITTED AND permit issued by the Secretary authorizing PROPOSED lot, the Secretary shall issue a permit to the the use of a lot in a trailer area. transferee, subject to the conditions de- SA 5074. Mr. HOEVEN (for himself and Ms. (5) PERMIT YEAR.—The term ‘‘permit year’’ scribed in paragraph (3). means the period beginning on April 1 of a HEITKAMP) submitted an amendment in- (3) CONDITIONS.—A permit issued by the tended to be proposed to amendment SA 4979 calendar year and ending on March 31 of the Secretary under paragraph (1) or (2) shall be proposed by Mr. MCCONNELL (for Mr. INHOFE following calendar year. subject to the following conditions: (for himself and Mrs. BOXER)) to the bill S. (6) PERMITTEE.—The term ‘‘permittee’’ (A) A permit may not be held in the name 2848, to provide for the conservation and de- means a person holding a permit. of a corporation. velopment of water and related resources, to (7) SECRETARY.—The term ‘‘Secretary’’ (B) A permittee may not have an interest authorize the Secretary of the Army to con- means the Secretary of the Interior, acting in, or control of, more than 1 seasonal trailer struct various projects for improvements to through the Commissioner of Reclamation. home site in the Great Plains Region of the rivers and harbors of the United States, and (8) TRAILER AREA.—The term ‘‘trailer area’’ Bureau of Reclamation, inclusive of sites lo- for other purposes. means any of the following areas at Heart cated on tracts permitted to organized SA 5075. Mr. ISAKSON (for himself and Mr. Butte Dam and Reservoir (Lake Tschida) (as groups on Reclamation reservoirs. PERDUE) submitted an amendment intended described in the document of the Bureau of (C) Not more than 2 persons may be per- to be proposed to amendment SA 4979 pro- Reclamation entitled ‘‘Heart Butte Res- mittees under 1 permit, unless— posed by Mr. MCCONNELL (for Mr. INHOFE (for ervoir Resource Management Plan’’ (March (i) approved by the Secretary; or himself and Mrs. BOXER)) to the bill S. 2848, 2008)): (ii) the additional persons are immediate supra. (A) Trailer Area 1 and 2, also known as family members of the permittees. SA 5076. Mr. COCHRAN submitted an Management Unit 034. (e) ANCHORING REQUIREMENTS FOR TRAILER amendment intended to be proposed to (B) Southside Trailer Area, also known as HOMES.—The Secretary shall require compli- amendment SA 4979 proposed by Mr. MCCON- Management Unit 014. ance with appropriate anchoring require- NELL (for Mr. INHOFE (for himself and Mrs. (9) TRAILER HOME.—The term ‘‘trailer ments for each trailer home (including addi- BOXER)) to the bill S. 2848, supra. home’’ means a dwelling placed on a sup- tions to the trailer home) and other objects SA 5077. Mr. TESTER (for himself and Mr. porting frame that— on a lot in a trailer area, as determined by DAINES) submitted an amendment intended (A) has or had a tow-hitch; and the Secretary, after consulting with permit- to be proposed to amendment SA 4979 pro- (B) is made mobile, or is capable of being tees. posed by Mr. MCCONNELL (for Mr. INHOFE (for made mobile, by an axle and wheels. (f) REPLACEMENT, REMOVAL, AND RETURN.— (b) PERMIT RENEWAL AND PERMITTED USE.— himself and Mrs. BOXER)) to the bill S. 2848, (1) REPLACEMENT.—Permittees may replace supra. (1) IN GENERAL.—The Secretary shall use their trailer home with another trailer SA 5078. Mr. COONS (for himself and Mr. the same permit renewal process for trailer home. area permits as the Secretary uses for other FLAKE) proposed an amendment to the bill (2) REMOVAL AND RETURN.—Permittees H.R. 2494, to support global anti-poaching ef- permit renewals in other reservoirs in the may— forts, strengthen the capacity of partner State of North Dakota administered by the (A) remove their trailer home; and countries to counter wildlife trafficking, des- Dakotas Area Office of the Bureau of Rec- (B) if the permittee removes their trailer ignate major wildlife trafficking countries, lamation. home under subparagraph (A), return the and for other purposes. (2) TRAILER HOMES.—With respect to a trailer home to the lot of the permittee. trailer home, a permit for each permit year (g) LIABILITY; TAKING.— f shall authorize the permittee— (1) LIABILITY.—The United States shall not TEXT OF AMENDMENTS (A) to park the trailer home on the lot; be liable for flood damage to the personal (B) to use the trailer home on the lot; property of a permittee or for damages aris- SA 5074. Mr. HOEVEN (for himself (C) to physically move the trailer home on ing out of any act, omission, or occurrence and Ms. HEITKAMP) submitted an and off the lot; and relating to a lot to which a permit applies,

VerDate Sep 11 2014 02:56 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.041 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5853 other than for damages caused by an act or (ii) conveyance by the Secretary to Au- (A) located within the Reservation; and omission of the United States or an em- gusta-Richmond County, Georgia, of the (B) held in trust by the United States. ployee, agent, or contractor of the United park and recreation area adjacent to the (2) BIRCH CREEK AGREEMENT.—The term States before the date of enactment of this New Savannah Bluff Lock and Dam, without ‘‘Birch Creek Agreement’’ means— Act. consideration. (A) the agreement between the Tribe and (2) TAKING.—Any temporary flooding or (B) OPERATION AND MAINTENANCE COSTS.— the State regarding Birch Creek water use flood damage to the personal property of a The Federal share of the costs of operation dated January 31, 2008 (as amended on Feb- permittee shall not be a taking by the and maintenance of any Project feature con- ruary 13, 2009); and United States. structed pursuant to subparagraph (A) shall (B) any amendment or exhibit (including be 100 percent. exhibit amendments) to that agreement that SA 5075. Mr. ISAKSON (for himself is executed in accordance with this title. and Mr. PERDUE) submitted an amend- SA 5076. Mr. COCHRAN submitted an (3) BLACKFEET IRRIGATION PROJECT.—The ment intended to be proposed to amendment intended to be proposed to term ‘‘Blackfeet Irrigation Project’’ means amendment SA 4979 proposed by Mr. amendment SA 4979 proposed by Mr. the irrigation project authorized by the mat- ter under the heading ‘‘MONTANA’’ of title MCCONNELL (for Mr. INHOFE (for him- MCCONNELL (for Mr. INHOFE (for him- II of the Act of March 1, 1907 (34 Stat. 1035, self and Mrs. BOXER)) to the bill S. 2848, self and Mrs. BOXER)) to the bill S. 2848, chapter 2285), and administered by the Bu- to provide for the conservation and de- to provide for the conservation and de- reau of Indian Affairs. velopment of water and related re- velopment of water and related re- (4) COMPACT.—The term ‘‘Compact’’ sources, to authorize the Secretary of sources, to authorize the Secretary of means— the Army to construct various projects the Army to construct various projects (A) the Blackfeet-Montana water rights for improvements to rivers and harbors for improvements to rivers and harbors compact dated April 15, 2009, as contained in of the United States, and for other pur- of the United States, and for other pur- section 85–20–1501 of the Montana Code Anno- poses; as follows: tated (2015); and poses; as follows: (B) any amendment or exhibit (including At the appropriate place in section 5001 (re- Strike section 6009 and insert the fol- lating to deauthorizations), insert the fol- exhibit amendments) to the Compact that is lowing: lowing: executed to make the Compact consistent (l) NEW SAVANNAH BLUFF LOCK AND DAM, SEC. 6009. YAZOO BASIN, MISSISSIPPI. with this title. GEORGIA AND SOUTH CAROLINA.— The authority of the Secretary to carry (5) ENFORCEABILITY DATE.—The term ‘‘en- (1) DEFINITIONS.—In this subsection: out the project for flood damage reduction, forceability date’’ means the date described (A) NEW SAVANNAH BLUFF LOCK AND DAM.— bank stabilization, and sediment and erosion in section 9020(f). The term ‘‘New Savannah Bluff Lock and control known as the ‘‘Yazoo Basin, Mis- (6) LAKE ELWELL.—The term ‘‘Lake Elwell’’ Dam’’ has the meaning given the term in sissippi, Mississippi Delta Headwater means the water impounded on the Marias section 348(l)(1) of the Water Resources De- Project, MS’’, authorized by title I of Public River in the State by Tiber Dam, a feature of velopment Act of 2000 (114 Stat. 2630) (as in Law 98–8 (97 Stat. 22), as amended, shall not the Lower Marias Unit of the Pick-Sloan effect on the day before the date of enact- be limited to watersheds referenced in re- Missouri River Basin Program authorized by ment of this Act). ports accompanying appropriations bills for section 9 of the Act of December 22, 1944 (B) PROJECT.—The term ‘‘Project’’ means previous fiscal years. (commonly known as the ‘‘Flood Control Act the project for navigation, Savannah Harbor of 1944’’) (58 Stat. 891, chapter 665). expansion, Georgia, authorized by section SA 5077. Mr. TESTER (for himself (7) MILK RIVER BASIN.—The term ‘‘Milk 7002(1) of the Water Resources Reform and and Mr. DAINES) submitted an amend- River Basin’’ means the North Fork, Middle Development Act of 2014 (128 Stat. 1364). ment intended to be proposed to Fork, South Fork, and main stem of the Milk River and tributaries, from the head- (2) DEAUTHORIZATION.— amendment SA 4979 proposed by Mr. (A) IN GENERAL.—Effective beginning on waters to the confluence with the Missouri MCCONNELL (for Mr. INHOFE (for him- the date of enactment of this Act— River. (i) the New Savannah Bluff Lock and Dam self and Mrs. BOXER)) to the bill S. 2848, (8) MILK RIVER PROJECT.— is deauthorized; and to provide for the conservation and de- (A) IN GENERAL.—The term ‘‘Milk River (ii) notwithstanding section 348(l)(2)(B) of velopment of water and related re- Project’’ means the Bureau of Reclamation the Water Resources Development Act of sources, to authorize the Secretary of project conditionally approved by the Sec- 2000 (114 Stat. 2630; 114 Stat. 2763A–228) (as in the Army to construct various projects retary on March 14, 1903, pursuant to the Act effect on the day before the date of enact- of June 17, 1902 (32 Stat. 388, chapter 1093), for improvements to rivers and harbors commencing at Lake Sherburne Reservoir ment of this Act) or any other provision of of the United States, and for other pur- law, the New Savannah Bluff Lock and Dam and providing water to a point approxi- shall not be conveyed to the city of North poses; as follows: mately 6 miles east of Nashua, Montana. Augusta and Aiken County, South Carolina, At the end, add the following: (B) INCLUSIONS.—The term ‘‘Milk River or any other non-Federal entity. TITLE IX—BLACKFEET WATER RIGHTS Project’’ includes— (B) REPEAL.—Section 348 of the Water Re- SETTLEMENT ACT (i) the St. Mary Unit; (ii) the Fresno Dam and Reservoir; and sources Development Act of 2000 (114 Stat. SEC. 9001. SHORT TITLE. 2630; 114 Stat. 2763A–228) is amended— (iii) the Dodson pumping unit. This title may be cited as the ‘‘Blackfeet (9) MILK RIVER PROJECT WATER RIGHTS.— (i) by striking subsection (l); and Water Rights Settlement Act’’. (ii) by redesignating subsections (m) and The term ‘‘Milk River Project water rights’’ SEC. 9002. PURPOSES. (n) as subsections (l) and (m), respectively. means the water rights held by the Bureau of The purposes of this title are— (3) PROJECT MODIFICATIONS.— Reclamation on behalf of the Milk River (1) to achieve a fair, equitable, and final (A) IN GENERAL.—Notwithstanding any Project, as finally adjudicated by the Mon- other provision of law, the Project is modi- settlement of claims to water rights in the tana Water Court. fied to include, as the Secretary determines State of Montana for— (10) MILK RIVER WATER RIGHT.—The term to be necessary— (A) the Blackfeet Tribe of the Blackfeet In- ‘‘Milk River water right’’ means the portion (i)(I) repair of the lock wall of the New Sa- dian Reservation; and of the Tribal water rights described in arti- vannah Bluff Lock and Dam and modifica- (B) the United States, for the benefit of the cle III.F of the Compact and this title. tion of the structure such that the structure Tribe and allottees; (11) MISSOURI RIVER BASIN.—The term is able— (2) to authorize, ratify, and confirm the ‘‘Missouri River Basin’’ means the hydro- (aa) to maintain the pool for navigation, water rights compact entered into by the logic basin of the Missouri River (including water supply, and recreational activities, as Tribe and the State, to the extent that the tributaries). in existence on the date of enactment of this Compact is consistent with this title; (12) MR&I SYSTEM.—The term ‘‘MR&I Sys- Act; and (3) to authorize and direct the Secretary of tem’’ means the intake, treatment, pumping, (bb) to allow safe passage via a rock ramp the Interior— storage, pipelines, appurtenant items, and over the structure to historic spawning (A) to execute the Compact; and any other feature of the system, as generally grounds of Shortnose sturgeon, Atlantic (B) to take any other action necessary to described in the document entitled ‘‘Black- sturgeon, and other migratory fish; or carry out the Compact in accordance with feet Regional Water System’’, prepared by (II)(aa) construction at an appropriate lo- this title; and DOWL HKM, and dated June 2010, and modi- cation across the Savannah River of a rock (4) to authorize funds necessary for the im- fied by DOWL HKM, as set out in the adden- weir that is able to maintain the pool for plementation of the Compact and this title. dum to the report dated March 2013. water supply and recreational activities, as SEC. 9003. DEFINITIONS. (13) OM&R.—The term ‘‘OM&R’’ means— in existence on the date of enactment of this In this title: (A) any recurring or ongoing activity asso- Act; and (1) ALLOTTEE.—The term ‘‘allottee’’ means ciated with the day-to-day operation of a (bb) removal of the New Savannah Bluff any individual who holds a beneficial real project; Lock and Dam on completion of construction property interest in an allotment of Indian (B) any activity relating to scheduled or of the weir; and land that is— unscheduled maintenance of a project; and

VerDate Sep 11 2014 02:56 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.042 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5854 CONGRESSIONAL RECORD — SENATE September 15, 2016 (C) any activity relating to replacing a fea- the extent that the modification does not consultation with the Tribe and the Fort ture of a project. otherwise require congressional approval Belknap Indian Community. (14) RESERVATION.—The term ‘‘Reserva- under section 2116 of the Revised Statutes (25 (e) SECRETARIAL DECISION.— tion’’ means the Blackfeet Indian Reserva- U.S.C. 177) or any other applicable provision (1) IN GENERAL.—If the Tribe and the Fort tion of Montana, as— of Federal law. Belknap Indian Community do not, by 3 (A) established by the Treaty of October 17, (c) ENVIRONMENTAL COMPLIANCE.— years after the Secretary certifies under sec- 1855 (11 Stat. 657); and (1) IN GENERAL.—In implementing the Com- tion 9020(f)(5) that the Tribal membership (B) modified by— pact and this title, the Secretary shall com- has approved the Compact and this title, (i) the Executive Order of July 5, 1873 (re- ply with all applicable provisions of— enter into an agreement approved under sub- lating to the Blackfeet Reserve); (A) the Endangered Species Act of 1973 (16 section (d)(2), the Secretary, in the Sec- (ii) the Act of April 15, 1874 (18 Stat. 28, U.S.C. 1531 et seq.); retary’s sole discretion, shall establish, after chapter 96); (B) the National Environmental Policy Act consultation with the Tribe and the Fort (iii) the Executive order of August 19, 1874 of 1969 (42 U.S.C. 4321 et seq.); and Belknap Indian Community, terms and con- (relating to the Blackfeet Reserve); (C) all other applicable environmental laws ditions that reflect the considerations de- (iv) the Executive order of April 13, 1875 and regulations. scribed in subsection (c)(2) by which the re- (relating to the Blackfeet Reserve); (2) EFFECT OF EXECUTION.— spective water rights of the Tribe and the (v) the Executive order of July 13, 1880 (re- (A) IN GENERAL.—The execution of the Fort Belknap Indian Community in the Milk lating to the Blackfeet Reserve); Compact by the Secretary under this section River may be exercised. (vi) the Agreement with the Blackfeet, shall not constitute a major Federal action (2) CONSIDERATION AS FINAL AGENCY AC- ratified by the Act of May 1, 1888 (25 Stat. for purposes of the National Environmental TION.—The establishment by the Secretary of 113, chapter 213); and Policy Act of 1969 (42 U.S.C. 4321 et seq.). terms and conditions under paragraph (1) (vii) the Agreement with the Blackfeet, (B) COMPLIANCE.—The Secretary shall shall be considered to be a final agency ac- ratified by the Act of June 10, 1896 (29 Stat. carry out all Federal compliance activities tion for purposes of review under chapter 7 of 353, chapter 398). necessary to implement the Compact and title 5, United States Code. (15) ST. MARY RIVER WATER RIGHT.—The this title. (3) JUDICIAL REVIEW.—An action for judi- term ‘‘St. Mary River water right’’ means SEC. 9005. MILK RIVER WATER RIGHT. cial review pursuant to this section shall be that portion of the Tribal water rights de- (a) IN GENERAL.—With respect to the Milk brought by not later than the date that is 1 scribed in article III.G.1.a.i. of the Compact River water right, the Tribe— year after the date of notification of the es- and this title. (1) may continue the historical uses and tablishment of the terms and conditions (16) ST. MARY UNIT.— the uses in existence on the date of enact- under this subsection. (A) IN GENERAL.—The term ‘‘St. Mary ment of this title; and (4) INCORPORATION INTO DECREES.—The Unit’’ means the St. Mary Storage Unit of (2) except as provided in article III.F.1.d of agreement under subsection (c), or the deci- the Milk River Project authorized by Con- the Compact, shall not develop new uses sion of the Secretary under this subsection, gress on March 25, 1905. until the date on which— shall be filed with the Montana Water Court, (B) INCLUSIONS.—The term ‘‘St. Mary (A) the Tribe has entered into the agree- or the district court with jurisdiction, for in- Unit’’ includes— ment described in subsection (c); or corporation into the final decrees of the (i) Sherburne Dam and Reservoir; (B) the Secretary has established the terms Tribe and the Fort Belknap Indian Commu- (ii) Swift Current Creek Dike; and conditions described in subsection (e). nity. (iii) Lower St. Mary Lake; (b) WATER RIGHTS ARISING UNDER STATE (5) EFFECTIVE DATE.—The agreement under (iv) St. Mary Canal Diversion Dam; and LAW.—With respect to any water rights aris- subsection (c) and a decision of the Secretary (v) St. Mary Canal and appurtenances. ing under State law in the Milk River Basin under this subsection— (17) SECRETARY.—The term ‘‘Secretary’’ owned or acquired by the Tribe, the Tribe— (A) shall be effective immediately; and means the Secretary of the Interior. (1) may continue any use in existence on (B) may not be modified absent— (18) STATE.—The term ‘‘State’’ means the the date of enactment of this title; and (i) the approval of the Secretary; and State of Montana. (2) shall not change any use until the date (ii) the consent of the Tribe and the Fort (19) SWIFTCURRENT CREEK BANK STABILIZA- on which— Belknap Indian Community. (f) USE OF FUNDS.—The Secretary shall dis- TION PROJECT.—The term ‘‘Swiftcurrent (A) the Tribe has entered into the agree- tribute equally the funds made available Creek Bank Stabilization Project’’ means ment described in subsection (c); or under section 9018(a)(2)(C)(ii) to the Tribe the project to mitigate the physical and en- (B) the Secretary has established the terms and the Fort Belknap Indian Community to vironmental problems associated with the and conditions described in subsection (e). use to reach an agreement under this sec- St. Mary Unit from Sherburne Dam to the (c) TRIBAL AGREEMENT.— St. Mary River, as described in the report en- tion, including for technical analyses and (1) IN GENERAL.—In consultation with the legal and other related efforts. titled ‘‘Boulder/Swiftcurrent Creek Sta- Commissioner of Reclamation and the Direc- bilization Project, Phase II Investigations SEC. 9006. WATER DELIVERY THROUGH MILK tor of the Bureau of Indian Affairs, the Tribe RIVER PROJECT. Report’’, prepared by DOWL HKM, and dated and the Fort Belknap Indian Community March 2012. (a) IN GENERAL.—Subject to the avail- shall enter into an agreement to provide for ability of appropriations, the Secretary, act- (20) TRIBAL WATER RIGHTS.—The term the exercise of their respective water rights ing through the Commissioner of Reclama- ‘‘Tribal water rights’’ means the water on the respective reservations of the Tribe tion, shall carry out the activities author- rights of the Tribe described in article III of and the Fort Belknap Indian Community in ized under this section with respect to the the Compact and this title, including— the Milk River. St. Mary River water right. (A) the Lake Elwell allocation provided to (2) CONSIDERATIONS.—The agreement en- (b) TREATMENT.—Notwithstanding article the Tribe under section 9009; and tered into under paragraph (1) shall take IV.D.4 of the Compact, any responsibility of (B) the instream flow water rights de- into consideration— the United States with respect to the St. scribed in section 9019. (A) the equal priority dates of the 2 Indian Mary River water right shall be limited to, (21) TRIBE.—The term ‘‘Tribe’’ means the tribes; and fulfilled pursuant to— Blackfeet Tribe of the Blackfeet Indian Res- (B) the water supplies of the Milk River; (1) subsection (c) of this section; and ervation of Montana. and (2) subsection (b)(3) of section 9016 and sub- SEC. 9004. RATIFICATION OF COMPACT. (C) historical, current, and future uses section (a)(1)(C) of section 9018. (a) RATIFICATION.— identified by each Indian tribe. (c) WATER DELIVERY CONTRACT.— (1) IN GENERAL.—As modified by this title, (d) SECRETARIAL DETERMINATION.— (1) IN GENERAL.—Not later than 180 days the Compact is authorized, ratified, and con- (1) IN GENERAL.—Not later than 120 days after the enforceability date, the Secretary firmed. after the date on which the agreement de- shall enter into a water delivery contract (2) AMENDMENTS.—Any amendment to the scribed in subsection (c) is submitted to the with the Tribe for the delivery of not greater Compact is authorized, ratified, and con- Secretary, the Secretary shall review and ap- than 5,000 acre-feet per year of the St. Mary firmed, to the extent that such amendment prove or disapprove the agreement. River water right through Milk River is executed to make the Compact consistent (2) APPROVAL.—The Secretary shall ap- Project facilities to the Tribe or another en- with this title. prove the agreement if the Secretary finds tity specified by the Tribe. (b) EXECUTION.— that the agreement— (2) TERMS AND CONDITIONS.—The contract (1) IN GENERAL.—To the extent that the (A) equitably accommodates the interests under paragraph (1) shall establish the terms Compact does not conflict with this title, the of each Indian tribe in the Milk River; and conditions for the water deliveries de- Secretary shall execute the Compact, includ- (B) adequately considers the factors de- scribed in paragraph (1) in accordance with ing all exhibits to, or parts of, the Compact scribed in subsection (c)(2); and the Compact and this title. requiring the signature of the Secretary. (C) is otherwise in accordance with appli- (3) REQUIREMENTS.—The water delivery (2) MODIFICATIONS.—Nothing in this title cable law. contract under paragraph (1) shall include precludes the Secretary from approving any (3) DEADLINE EXTENSION.—The deadline to provisions requiring that— modification to an appendix or exhibit to the review the agreement described in paragraph (A) the contract shall be without limit as Compact that is consistent with this title, to (1) may be extended by the Secretary after to term;

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(B) the Tribe, and not the United States, other agreement entered into pursuant to (1) IN GENERAL.—Subject to the avail- shall collect, and shall be entitled to, all this subsection. ability of appropriations, the Secretary, act- consideration due to the Tribe under any (g) EFFECT OF PROVISIONS.—Nothing in this ing through the Commissioner of Reclama- lease, contract, or agreement entered into by section— tion, shall carry out appropriate activities the Tribe pursuant to subsection (f); (1) precludes the Tribe from taking the concerning the Swiftcurrent Creek Bank (C) the United States shall have no obliga- water described in subsection (c)(3)(E)(i), or Stabilization Project, including— tion to monitor, administer, or account for— any additional water provided under sub- (A) a review of the final project design; and (i) any funds received by the Tribe as con- section (e), from the direct flow of the St. (B) value engineering analyses. sideration under any lease, contract, or Mary River; or (2) MODIFICATION OF FINAL DESIGN.—Prior agreement entered into by the Tribe pursu- (2) modifies the quantity of the Tribal to beginning construction activities for the ant to subsection (f); or water rights described in article III.G.1 of Swiftcurrent Creek Bank Stabilization (ii) the expenditure of such funds; the Compact. Project, on the basis of the review conducted (D) if water deliveries under the contract (h) OTHER RIGHTS.—Notwithstanding the under paragraph (1), the Secretary shall ne- are interrupted for an extended period of requirements of article III.G.1.d of the Com- gotiate with the Tribe appropriate changes, time because of damage to, or a reduction in pact, after satisfaction of all water rights if any, to the final design— the capacity of, St. Mary Unit facilities, the under State law for use of St. Mary River (A) to ensure compliance with applicable rights of the Tribe shall be treated in the water, including the Milk River Project industry standards; same manner as the rights of other contrac- water rights, the Tribe shall have the right (B) to improve the cost-effectiveness of the tors receiving water deliveries through the to the remaining portion of the share of the Swiftcurrent Creek Bank Stabilization Milk River Project with respect to the water United States in the St. Mary River under Project; and delivered under this section; the International Boundary Waters Treaty of (C) to ensure that the Swiftcurrent Creek (E) deliveries of water under this section 1909 (36 Stat. 2448) for any tribally authorized Bank Stabilization Project may be con- shall be— use or need consistent with this title. structed using only the amounts made avail- (i) limited to not greater than 5,000 acre- SEC. 9007. BUREAU OF RECLAMATION ACTIVITIES able under section 9018. TO IMPROVE WATER MANAGEMENT. feet of water in any 1 year; (3) APPLICABILITY OF ISDEAA.—At the re- (ii) consistent with operations of the Milk (a) MILK RIVER PROJECT PURPOSES.—The quest of the Tribe, and in accordance with River Project and without additional costs purposes of the Milk River Project shall in- the Indian Self-Determination and Edu- clude— to the Bureau of Reclamation, including op- cation Assistance Act (25 U.S.C. 5301 et seq.), (1) irrigation; eration, maintenance, and replacement the Secretary shall enter into 1 or more (2) flood control; costs; and agreements with the Tribe to carry out the (3) the protection of fish and wildlife; (iii) without additional cost to the Milk Swiftcurrent Bank Stabilization Project. (4) recreation; River Project water users; and (5) the provision of municipal, rural, and (e) ADMINISTRATION.—The Commissioner of (F) the Tribe shall be required to pay industrial water supply; and Reclamation and the Tribe shall negotiate OM&R for water delivered under this section. (6) hydroelectric power generation. the cost of any oversight activity carried out (d) SHORTAGE SHARING OR REDUCTION.— (b) USE OF MILK RIVER PROJECT FACILITIES by the Bureau of Reclamation under any (1) IN GENERAL.—The 5,000 acre-feet per FOR THE BENEFIT OF TRIBE.—The use of Milk agreement entered into under this section, year of water delivered under paragraph River Project facilities to transport water subject to the condition that the total cost (3)(E)(i) of subsection (c) shall not be subject for the Tribe pursuant to subsections (c) and for the oversight shall not exceed 4 percent to shortage sharing or reduction, except as (e) of section 9006, together with any use by provided in paragraph (3)(D) of that sub- of the total costs incurred under this sec- the Tribe of that water in accordance with tion. section. this title— (2) NO INJURY TO MILK RIVER PROJECT WATER (1) shall be considered to be an authorized (f) MILK RIVER PROJECT RIGHTS-OF-WAY USERS.—Notwithstanding article IV.D.4 of purpose of the Milk River Project; and AND EASEMENTS.— the Compact, any reduction in the Milk (2) shall not change the priority date of (1) IN GENERAL.—Subject to paragraphs (2) River Project water supply caused by the de- any Tribal water rights. and (3), the Tribe shall grant the United livery of water under subsection (c) shall not (c) ST. MARY RIVER STUDIES.— States a right-of-way on Reservation land constitute injury to Milk River Project (1) IN GENERAL.—Subject to the avail- owned by the Tribe for all uses by the Milk water users. ability of appropriations, the Secretary, in River Project (permissive or otherwise) in (e) SUBSEQUENT CONTRACTS.— cooperation with the Tribe and the State, existence as of December 31, 2015, including (1) IN GENERAL.—As part of the studies au- shall conduct— all facilities, flowage easements, and access thorized by section 9007(c)(1), the Secretary, (A) an appraisal study— easements necessary for the operation and acting through the Commissioner of Rec- (i) to develop a plan for the management maintenance of the Milk River Project. lamation, and in cooperation with the Tribe, and development of water supplies in the St. (2) AGREEMENT REGARDING EXISTING USES.— shall identify alternatives to provide to the Mary River Basin and Milk River Basin, in- The Tribe and the Secretary shall enter into Tribe water from the St. Mary River water cluding the St. Mary River and Milk River an agreement for a process to determine the right in quantities greater than the 5,000 water supplies for the Tribe and the Milk location, nature, and extent of the existing acre-feet per year of water described in sub- River water supplies for the Fort Belknap In- uses referenced in this subsection. The agree- section (c)(3)(E)(i). dian Community; and ment shall require that— (2) CONTRACT FOR WATER DELIVERY.—If the (ii) to identify alternatives to develop ad- (A) a panel of 3 individuals determine the Secretary determines under paragraph (1) ditional water of the St. Mary River for the location, nature, and extent of existing uses that more than 5,000 acre-feet per year of the Tribe; and necessary for the operation and maintenance St. Mary River water right can be delivered (B) a feasibility study— of the Milk River Project (the ‘‘Panel Deter- to the Tribe, the Secretary shall offer to (i) using the information resulting from mination’’), with the Tribe appointing 1 rep- enter into 1 or more contracts with the Tribe the appraisal study conducted under para- resentative of the Tribe, the Secretary ap- for the delivery of that water, subject to the graph (1) and such other information as is pointing 1 representative of the Secretary, requirements of subsection (c)(3), except sub- relevant, to evaluate the feasibility of— and those 2 representatives jointly appoint- section (c)(3)(E)(i), and this subsection. (I) alternatives for the rehabilitation of ing a third individual; (3) TREATMENT.—Any delivery of water the St. Mary Diversion Dam and Canal; and (B) if the Panel Determination is unani- under this subsection shall be subject to re- (II) increased storage in Fresno Dam and mous, the Tribe grant a right-of-way to the duction in the same manner as for Milk Reservoir; and United States for the existing uses identified River Project contract holders. (ii) to create a cost allocation study that is in the Panel Determination in accordance (f) SUBCONTRACTS.— based on the authorized purposes described with applicable law without additional com- (1) IN GENERAL.—The Tribe may enter into in subsections (a) and (b). pensation; any subcontract for the delivery of water (2) COOPERATIVE AGREEMENT.—On request (C) if the Panel Determination is not unan- under this section to a third party, in ac- of the Tribe, the Secretary shall enter into a imous— cordance with section 9015(e). cooperative agreement with the Tribe with (i) the Secretary adopt the Panel Deter- (2) COMPLIANCE WITH OTHER LAW.—All sub- respect to the portion of the appraisal study mination with any amendments the Sec- contracts described in paragraph (1) shall described in paragraph (1)(A). retary reasonably determines necessary to comply with— (3) COSTS NONREIMBURSABLE.—The cost of correct any clear error (the ‘‘Interior Deter- (A) this title; the studies under this subsection shall not mination’’), provided that if any portion of (B) the Compact; be— the Panel Determination is unanimous, the (C) the tribal water code; and (A) considered to be a cost of the Milk Secretary will not amend that portion; and (D) other applicable law. River Project; or (ii) the Tribe grant a right-of-way to the (3) NO LIABILITY.—The Secretary shall not (B) reimbursable in accordance with the United States for the existing uses identified be liable to any party, including the Tribe, reclamation laws. in the Interior Determination in accordance for any term of, or any loss or other det- (d) SWIFTCURRENT CREEK BANK STABILIZA- with applicable law without additional com- riment resulting from, a lease, contract, or TION.— pensation, with the agreement providing for

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(e) USE OF HYDROELECTRIC POWER BY (F) no water service capital charge shall be (3) EFFECT.—Determinations made under TRIBE.—Any hydroelectric power generated due or payable for any water allocated to the this subsection— in accordance with this section shall be used Tribe pursuant to this section or the alloca- (A) do not address title as between the or marketed by the Tribe. tion agreement, regardless of whether that United States and the Tribe; and (f) REVENUES.—The Tribe shall collect and water is delivered for use by the Tribe or (B) do not apply to any new use of Reserva- retain any revenues from the sale of hydro- under a lease, contract, or by agreement en- tion land by the United States for the Milk electric power generated by a project under tered into by the Tribe pursuant to sub- River Project after December 31, 2015. this section. section (d); (g) LIABILITY OF UNITED STATES.—The (4) INTERIOR DETERMINATION AS FINAL AGEN- (G) the Tribe shall not be required to make United States shall have no obligation to CY ACTION.—Any determination by the Sec- payments to the United States for any water monitor, administer, or account for— retary under paragraph (2)(C) shall be consid- allocated to the Tribe under this title or the (1) any revenues received by the Tribe ered to be a final agency action for purposes allocation agreement, except for each acre- under this section; or of review under chapter 7 of title 5, United foot of stored water leased or transferred for (2) the expenditure of those revenues. industrial purposes as described in subpara- States Code. (h) PREFERENCE.—During any period for graph (H); (5) JUDICIAL REVIEW.—An action for judi- which the exclusive right of the Tribe de- (H) for each acre-foot of stored water cial review pursuant to this section shall be scribed in subsection (b)(1) is not in effect, leased or transferred by the Tribe for indus- brought by not later than the date that is 1 the Tribe shall have a preference to develop trial purposes— year after the date of notification of the In- hydropower on the St. Mary Unit facilities, (i) the Tribe shall pay annually to the terior Determination. in accordance with Bureau of Reclamation United States an amount necessary to cover (g) FUNDING.—The total amount of obliga- guidelines and methods for hydroelectric the proportional share of the annual oper- tions incurred by the Secretary shall not ex- power development at Bureau facilities. ceed— ation, maintenance, and replacement costs SEC. 9009. STORAGE ALLOCATION FROM LAKE allocable to the quantity of water leased or (1) $3,800,000 to carry out subsection (c); ELWELL. transferred by the Tribe for industrial pur- (2) $20,700,000 to carry out subsection (d); (a)(1) STORAGE ALLOCATION TO TRIBE.—The and Secretary shall allocate to the Tribe 45,000 poses; and (3) $3,100,000 to carry out subsection (f). acre-feet per year of water stored in Lake (ii) the annual payments of the Tribe shall Elwell for use by the Tribe for any beneficial be reviewed and adjusted, as appropriate, to SEC. 9008. ST. MARY CANAL HYDROELECTRIC reflect the actual operation, maintenance, POWER GENERATION. purpose on or off the Reservation, under a and replacement costs for Tiber Dam; and (a) BUREAU OF RECLAMATION JURISDIC- water right held by the United States and managed by the Bureau of Reclamation, as (I) the adjustment process identified in TION.—Effective beginning on the date of en- subsection (a)(2) will be based on specific actment of this title, the Commissioner of measured at the outlet works of Tiber Dam or through direct pumping from Lake Elwell. enumerated provisions. Reclamation shall have exclusive jurisdic- (d) AGREEMENTS BY TRIBE.—The Tribe may tion to authorize the development of hydro- (2) REDUCTION.—Up to 10,000 acre-feet per year of water allocated to the Tribe pursuant use, lease, contract, exchange, or enter into power on the St. Mary Unit. to paragraph (1) will be subject to an acre- other agreements for use of the water allo- (b) RIGHTS OF TRIBE.— foot for acre-foot reduction if depletions cated to the Tribe under subsection (a), if— (1) EXCLUSIVE RIGHT OF TRIBE.—Subject to from the Tribal water rights above Lake (1) the use of water that is the subject of paragraph (2) and notwithstanding any other Elwell exceed 88,000 acre-feet per year of such an agreement occurs within the Mis- provision of law, the Tribe shall have the ex- water because of New Development (as de- souri River Basin; and clusive right to develop and market hydro- fined in article II.37 of the Compact). (2) the agreement does not permanently al- electric power of the St. Mary Unit. (b) TREATMENT.— ienate any portion of the water allocated to (2) LIMITATIONS.—The exclusive right de- (1) IN GENERAL.—The allocation to the the Tribe under subsection (a). scribed in paragraph (1)— Tribe under subsection (a) shall be consid- (e) EFFECTIVE DATE.—The allocation under (A) shall expire on the date that is 15 years ered to be part of the Tribal water rights. subsection (a) takes effect on the enforce- after the date of enactment of an Act appro- (2) PRIORITY DATE.—The priority date of ability date. priating funds for rehabilitation of the St. the allocation to the Tribe under subsection (f) NO CARRYOVER STORAGE.—The alloca- Mary Unit; but (a) shall be the priority date of the Lake tion under subsection (a) shall not be in- (B) may be extended by the Secretary at Elwell water right held by the Bureau of creased by any year-to-year carryover stor- the request of the Tribe. Reclamation. age. (g) DEVELOPMENT AND DELIVERY COSTS.— (3) OM&R COSTS.—Effective beginning on (3) ADMINISTRATION.—The Tribe shall ad- The United States shall not be required to the date that is 10 years after the date on minister the water allocated under sub- pay the cost of developing or delivering any which the Tribe begins marketing hydro- section (a) in accordance with the Compact water allocated under this section. electric power generated from the St. Mary and this title. SEC. 9010. IRRIGATION ACTIVITIES. Unit to any third party, the Tribe shall (c) ALLOCATION AGREEMENT.— N ENERAL make annual payments for operation, main- (1) IN GENERAL.—As a condition of receiv- (a) I G .—Subject to the avail- tenance, and replacement costs attributable ing an allocation under this section, the ability of appropriations, the Secretary, act- to the direct use of any facilities by the Tribe shall enter into an agreement with the ing through the Commissioner of Reclama- tion and in accordance with subsection (c), Tribe for hydroelectric power generation, in Secretary to establish the terms and condi- shall carry out the following actions relating amounts determined in accordance with the tions of the allocation, in accordance with to the Blackfeet Irrigation Project: guidelines and methods of the Bureau of Rec- the Compact and this title. (1) Deferred maintenance. lamation for assessing operation, mainte- (2) INCLUSIONS.—The agreement under (2) Dam safety improvements for Four nance, and replacement charges. paragraph (1) shall include provisions estab- Horns Dam. (c) BUREAU OF RECLAMATION COOPERA- lishing that— (3) Rehabilitation and enhancement of the TION.—The Commissioner of Reclamation (A) the agreement shall be without limit as Four Horns Feeder Canal, Dam, and Res- shall cooperate with the Tribe in the devel- to term; ervoir. opment of any hydroelectric power genera- (B) the Tribe, and not the United States, (b) LEAD AGENCY.—The Bureau of Reclama- tion project under this section. shall be entitled to all consideration due to tion shall serve as the lead agency with re- (d) AGREEMENT.—Before construction of a the Tribe under any lease, contract, or spect to any activities carried out under this hydroelectric power generation project agreement entered into by the Tribe pursu- section. under this section, the Tribe shall enter into ant to subsection (d); (c) SCOPE OF DEFERRED MAINTENANCE AC- an agreement with the Commissioner of Rec- (C) the United States shall have no obliga- TIVITIES AND FOUR HORNS DAM SAFETY IM- lamation that includes provisions— tion to monitor, administer, or account for— PROVEMENTS.— (1) requiring that— (i) any funds received by the Tribe as con- (1) IN GENERAL.—Subject to the conditions (A) the design, construction, and operation sideration under any lease, contract, or described in paragraph (2), the scope of the of the project shall be consistent with the agreement entered into by the Tribe pursu- deferred maintenance activities and Four Bureau of Reclamation guidelines and meth- ant to subsection (d); or Horns Dam safety improvements shall be as ods for hydroelectric power development at (ii) the expenditure of those funds; generally described in— Bureau facilities, as appropriate; and (D) if the capacity or function of Lake (A) the document entitled ‘‘Engineering (B) the hydroelectric power generation Elwell facilities are significantly reduced, or Evaluation and Condition Assessment, project will not impair the efficiencies of the are anticipated to be significantly reduced, Blackfeet Irrigation Project’’, prepared by Milk River Project for authorized purposes; for an extended period of time, the Tribe DOWL HKM, and dated August 2007; and (2) regarding construction and operating shall have the same rights as other storage (B) the provisions relating to Four Horns criteria and emergency procedures; and contractors with respect to the allocation Rehabilitated Dam of the document entitled (3) under which any modification proposed under this section; ‘‘Four Horns Dam Enlarged Appraisal Eval- by the Tribe to a facility owned by the Bu- (E) the costs associated with the construc- uation Design Report’’, prepared by DOWL reau of Reclamation shall be subject to re- tion of the storage facilities at Tiber Dam al- HKM, and dated April 2007.

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(2) CONDITIONS.—The conditions referred to ties relating to the projects described in this (d) NONREIMBURSABILITY OF COSTS.—All in paragraph (1) are that, before commencing section results in cost savings and is less costs incurred by the Secretary in carrying construction activities, the Secretary shall— than the amounts authorized to be obligated, out this section shall be nonreimbursable. (A) review the design of the proposed reha- the Secretary, at the request of the Tribe, (e) FUNDING.—The total amount of obliga- bilitation or improvement; may— tions incurred by the Secretary in carrying (B) perform value engineering analyses; (1) use those cost savings to carry out a out this section shall not exceed $76,200,000. (C) perform appropriate Federal environ- project described in section 9007(d), 9011, 9012, (f) NON-FEDERAL CONTRIBUTION.— mental compliance activities; and or 9013; or (1) CONSULTATION.—Before completion of (D) ensure that the deferred maintenance (2) deposit those cost savings to the Black- the final design of the MR&I System re- activities and dam safety improvements may feet OM&R Trust Account. quired by subsection (c), the Secretary shall be constructed using only the amounts made (j) OWNERSHIP BY TRIBE OF BIRCH CREEK consult with the Tribe, the State, and other available under section 9018. DELIVERY FACILITIES.—Notwithstanding any affected non-Federal parties to discuss the (d) SCOPE OF REHABILITATION AND ENHANCE- other provision of law, the Secretary shall possibility of receiving non-Federal con- MENT OF FOUR HORNS FEEDER CANAL, DAM, transfer to the Tribe, at no cost, title in and tributions for the cost of the MR&I System. AND RESERVOIR.— to the facilities constructed under sub- (2) NEGOTIATIONS.—If, based on the extent (1) IN GENERAL.—The scope of the rehabili- section (d)(2)(C). to which non-Federal parties are expected to tation and improvements shall be as gen- (k) OWNERSHIP, OPERATION, AND MAINTE- use the MR&I System, a non-Federal con- erally described in the document entitled NANCE.—On transfer to the Tribe of title tribution to the MR&I System is determined ‘‘Four Horns Feeder Canal Rehabilitation under subsection (j), the Tribe shall— by the parties described in paragraph (1) to with Export’’, prepared by DOWL HKM, and (1) be responsible for OM&R in accordance be appropriate, the Secretary shall initiate dated April 2013, subject to the condition with the Birch Creek Agreement; and negotiations for an agreement regarding the that, before commencing construction ac- (2) enter into an agreement with the Bu- means by which the contributions shall be tivities, the Secretary shall— reau of Indian Affairs regarding the oper- provided. (A) review the design of the proposed reha- ation of the facilities described in that sub- (g) OWNERSHIP BY TRIBE.—Title to the bilitation or improvement; section. MR&I System and all facilities rehabilitated (B) perform value engineering analyses; (l) LIABILITY OF UNITED STATES.—The or constructed under this section shall be (C) perform appropriate Federal environ- United States shall have no obligation or re- held by the Tribe. mental compliance activities; and sponsibility with respect the facilities de- (h) ADMINISTRATION.—The Commissioner of (D) ensure that the rehabilitation and im- scribed in subsection (d)(2)(C). Reclamation and the Tribe shall negotiate provements may be constructed using only (m) APPLICABILITY OF ISDEAA.—At the re- the cost of any oversight activity carried out the amounts made available under section quest of the Tribe, and in accordance with by the Bureau of Reclamation under any 9018. the Indian Self-Determination and Edu- agreement entered into under this section, (2) INCLUSIONS.—The activities carried out cation Assistance Act (25 U.S.C. 5301 et seq.), subject to the condition that the total cost by the Secretary under this subsection shall the Secretary shall enter into 1 or more for the oversight shall not exceed 4 percent include— agreements with the Tribe to carry out this of the total costs incurred under this sec- (A) the rehabilitation or improvement of section. tion. the Four Horns feeder canal system to a ca- (n) EFFECT.—Nothing in this section— (i) OM&R COSTS.—The Federal Govern- pacity of not fewer than 360 cubic feet per (1) alters any applicable law (including reg- ment shall have no obligation to pay for the second; ulations) under which the Bureau of Indian operation, maintenance, or replacement (B) the rehabilitation or improvement of Affairs collects assessments or carries out costs for any facility rehabilitated or con- the outlet works of Four Horns Dam and Blackfeet Irrigation Project OM&R; or structed under this section. (j) PROJECT EFFICIENCIES.—If the total cost Reservoir to deliver not less than 15,000 acre- (2) impacts the availability of amounts of planning, design, and construction activi- feet of water per year, in accordance with made available under subsection (a)(1)(B) of ties relating to the projects described in this subparagraph (C); and section 9018. (C) construction of facilities to deliver not section results in cost savings and is less SEC. 9011. DESIGN AND CONSTRUCTION OF MR&I than the amounts authorized to be obligated, less than 15,000 acre-feet of water per year SYSTEM. the Secretary, at the request of the Tribe, from Four Horns Dam and Reservoir, to a (a) IN GENERAL.—Subject to the avail- may— point on or near Birch Creek to be des- ability of appropriations, the Secretary, act- (1) use those cost savings to carry out a ignated by the Tribe and the State for deliv- ing through the Commissioner of Reclama- project described in section 9007(d), 9010, ery of water to the water delivery system of tion, shall plan, design, and construct the 9011(a), 9012, or 9013; or the Pondera County Canal and Reservoir water diversion and delivery features of the (2) deposit those cost savings to the Black- Company on Birch Creek, in accordance with MR&I System in accordance with 1 or more feet OM&R Trust Account. the Birch Creek Agreement. agreements between the Secretary and the PPLICABILITY OF (3) NEGOTIATION WITH TRIBE.—On the basis (k) A ISDEAA.—At the re- Tribe. quest of the Tribe, and in accordance with of the review described in paragraph (1)(A), (b) LEAD AGENCY.—The Bureau of Reclama- the Indian Self-Determination and Edu- the Secretary shall negotiate with the Tribe tion shall serve as the lead agency with re- cation Assistance Act (25 U.S.C. 5301 et seq.), appropriate changes to the final design of spect to any activity to design and construct the Secretary shall enter into 1 or more any activity under this subsection to ensure the water diversion and delivery features of agreements with the Tribe to carry out this that the final design meets applicable indus- the MR&I System. section. try standards. (c) SCOPE.— SEC. 9012. DESIGN AND CONSTRUCTION OF (e) FUNDING.—The total amount of obliga- (1) IN GENERAL.—The scope of the design WATER STORAGE AND IRRIGATION tions incurred by the Secretary in carrying and construction under this section shall be out this section shall not exceed $54,900,000, FACILITIES. as generally described in the document enti- (a) IN GENERAL.—Subject to the avail- of which— tled ‘‘Blackfeet Regional Water System’’, ability of appropriations, the Secretary, act- (1) $40,900,000 shall be allocated to carry prepared by DOWL HKM, dated June 2010, ing through the Commissioner of Reclama- out the activities described in subsection (c); and modified by DOWL HKM in the adden- tion, shall plan, design, and construct 1 or and dum to the report dated March 2013, subject more facilities to store water and support ir- (2) $14,000,000 shall be allocated to carry to the condition that, before commencing rigation on the Reservation in accordance out the activities described in subsection final design and construction activities, the with 1 or more agreements between the Sec- (d)(2). Secretary shall— retary and the Tribe. (f) NONREIMBURSABILITY OF COSTS.—All (A) review the design of the proposed reha- (b) LEAD AGENCY.—The Bureau of Reclama- costs incurred by the Secretary in carrying bilitation and construction; tion shall serve as the lead agency with re- out this section shall be nonreimbursable. (B) perform value engineering analyses; spect to any activity to design and construct (g) NON-FEDERAL CONTRIBUTION.—No part and of the project under subsection (d) shall be the irrigation development and water stor- (C) perform appropriate Federal compli- commenced until the State has made avail- age facilities described in subsection (c). ance activities. (c) SCOPE.— able $20,000,000 to carry out the activities de- scribed in subsection (d)(2). (2) NEGOTIATION WITH TRIBE.—On the basis (1) IN GENERAL.—The scope of the design (h) ADMINISTRATION.—The Commissioner of of the review described in paragraph (1)(A), and construction under this section shall be Reclamation and the Tribe shall negotiate the Secretary shall negotiate with the Tribe as generally described in the document enti- the cost of any oversight activity carried out appropriate changes, if any, to the final de- tled ‘‘Blackfeet Water Storage, Develop- by the Bureau of Reclamation under any sign— ment, and Project Report’’, prepared by agreement entered into under subsection (A) to ensure that the final design meets DOWL HKM, and dated March 13, 2013, as (m), subject to the condition that the total applicable industry standards; modified and agreed to by the Secretary and cost for the oversight shall not exceed 4 per- (B) to improve the cost-effectiveness of the the Tribe, subject to the condition that, be- cent of the total project costs for each delivery of MR&I System water; and fore commencing final design and construc- project. (C) to ensure that the MR&I System may tion activities, the Secretary shall— (i) PROJECT EFFICIENCIES.—If the total cost be constructed using only the amounts made (A) review the design of the proposed con- of planning, design, and construction activi- available under section 9018. struction;

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(3) ALLOCATIONS.—An allottee shall be enti- (A) the modified project is— (d) OM&R COSTS.—The Federal Govern- tled to a just and equitable allocation of (i) similar in purpose to the proposed ment shall have no obligation to pay for the water for irrigation purposes. projects; and operation, maintenance, or replacement (4) CLAIMS.— (ii) consistent with the purposes of this costs for the facilities rehabilitated or con- (A) EXHAUSTION OF REMEDIES.—Before as- title; and structed under this section. serting any claim against the United States (B) the Secretary has consulted with the (e) OWNERSHIP BY TRIBE.—Title to any fa- under section 7 of the Act of February 8, 1887 Tribe regarding any modification. cility constructed under this section shall be (25 U.S.C. 381), or any other applicable law, (3) NEGOTIATION WITH TRIBE.—On the basis held by the Tribe. an allottee shall exhaust remedies available of the review described in paragraph (1)(A), SEC. 9014. EASEMENTS AND RIGHTS-OF-WAY. under the tribal water code or other applica- the Secretary shall negotiate with the Tribe (a) TRIBAL EASEMENTS AND RIGHTS-OF- ble tribal law. appropriate changes, if any, to the final de- WAY.— (B) ACTION FOR RELIEF.—After the exhaus- sign— (1) IN GENERAL.—On request of the Sec- tion of all remedies available under the trib- (A) to ensure that the final design meets retary, the Tribe shall grant, at no cost to al water code or other applicable tribal law, applicable industry standards; the United States, such easements and an allottee may seek relief under section 7 of (B) to improve the cost-effectiveness of rights-of-way over tribal land as are nec- the Act of February 8, 1887 (25 U.S.C. 381), or any construction; and essary for the construction of the projects other applicable law. (C) to ensure that the projects may be con- authorized by sections 9010 and 9011. (5) AUTHORITY OF SECRETARY.—The Sec- structed using only the amounts made avail- (2) JURISDICTION.—An easement or right-of- retary shall have the authority to protect able under section 9018. way granted by the Tribe pursuant to para- the rights of allottees in accordance with (d) NONREIMBURSABILITY OF COSTS.—All graph (1) shall not affect in any respect the this section. costs incurred by the Secretary in carrying civil or criminal jurisdiction of the Tribe (e) AUTHORITY OF TRIBE.— out this section shall be nonreimbursable. over the easement or right-of-way. (1) IN GENERAL.—The Tribe shall have the (e) FUNDING.—The total amount of obliga- (b) LANDOWNER EASEMENTS AND RIGHTS-OF- authority to allocate, distribute, and lease tions incurred by the Secretary in carrying WAY.—In partial consideration for the con- out this section shall not exceed $87,300,000. the Tribal water rights for any use on the struction activities authorized by section (f) OWNERSHIP BY TRIBE.—Title to all facili- Reservation in accordance with the Com- ties rehabilitated or constructed under this 9011, and as a condition of receiving service pact, this title, and applicable Federal law. section shall be held by the Tribe, except from the MR&I System, a landowner shall (2) OFF-RESERVATION USE.—The Tribe may that title to the Birch Creek Unit of the grant, at no cost to the United States or the allocate, distribute, and lease the Tribal Blackfeet Indian Irrigation Project shall re- Tribe, such easements and rights-of-way over water rights for off-Reservation use in ac- main with the Bureau of Indian Affairs. the land of the landowner as may be nec- cordance with the Compact, subject to the (g) ADMINISTRATION.—The Commissioner of essary for the construction of the MR&I Sys- approval of the Secretary. Reclamation and the Tribe shall negotiate tem. (3) LAND LEASES BY ALLOTTEES.—Notwith- the cost of any oversight activity carried out (c) LAND ACQUIRED BY UNITED STATES OR standing paragraph (1), an allottee may lease by the Bureau of Reclamation under any TRIBE.—Any land acquired within the bound- any interest in land held by the allottee, to- agreement entered into under this section, aries of the Reservation by the United States gether with any water right determined to subject to the condition that the total cost on behalf of the Tribe, or by the Tribe on be- be appurtenant to the interest in land, in ac- for the oversight shall not exceed 4 percent half of the Tribe, in connection with achiev- cordance with the tribal water code. of the total costs incurred under this sec- ing the purposes of this title shall be held in (f) TRIBAL WATER CODE.— tion. trust by the United States for the benefit of (1) IN GENERAL.—Notwithstanding article (h) OM&R COSTS.—The Federal Govern- the Tribe. IV.C.1 of the Compact, not later than 4 years ment shall have no obligation to pay for the SEC. 9015. TRIBAL WATER RIGHTS. after the date on which the Tribe ratifies the operation, maintenance, or replacement (a) CONFIRMATION OF TRIBAL WATER Compact in accordance with this title, the costs for the facilities rehabilitated or con- RIGHTS.— Tribe shall enact a tribal water code that structed under this section. (1) IN GENERAL.—The Tribal water rights provides for— (i) PROJECT EFFICIENCIES.—If the total cost (A) the management, regulation, and gov- of planning, design, and construction activi- are ratified, confirmed, and declared to be ties relating to the projects described in this valid. ernance of all uses of the Tribal water rights section results in cost savings and is less (2) USE.—Any use of the Tribal water in accordance with the Compact and this than the amounts authorized to be obligated, rights shall be subject to the terms and con- title; and the Secretary, at the request of the Tribe, ditions of the Compact and this title. (B) establishment by the Tribe of condi- may— (3) CONFLICT.—In the event of a conflict be- tions, permit requirements, and other re- (1) use those cost savings to carry out a tween the Compact and this title, the provi- quirements for the allocation, distribution, project described in section 9007(d), 9010, 9011, sions of this title shall control. or use of the Tribal water rights in accord- or 9013; or (b) INTENT OF CONGRESS.—It is the intent of ance with the Compact and this title. (2) deposit those cost savings to the Black- Congress to provide to each allottee benefits (2) INCLUSIONS.—Subject to the approval of feet OM&R Trust Account. that are equivalent to, or exceed, the bene- the Secretary, the tribal water code shall (j) APPLICABILITY OF ISDEAA.—At the re- fits the allottees possess on the day before provide— quest of the Tribe, and in accordance with the date of enactment of this title, taking (A) that use of water by allottees shall be the Indian Self-Determination and Edu- into consideration— satisfied with water from the Tribal water cation Assistance Act (25 U.S.C. 5301 et seq.), (1) the potential risks, cost, and time delay rights; the Secretary shall enter into 1 or more associated with litigation that would be re- (B) a process by which an allottee may re- agreements with the Tribe to carry out this solved by the Compact and this title; quest that the Tribe provide water for irriga- section. (2) the availability of funding under this tion use in accordance with this title, includ- SEC. 9013. BLACKFEET WATER, STORAGE, AND title and from other sources; ing the provision of water under any allottee DEVELOPMENT PROJECTS. (3) the availability of water from the Trib- lease under section 4 of the Act of June 25, (a) IN GENERAL.— al water rights; and 1910 (25 U.S.C. 403); (1) SCOPE.—The scope of the construction (4) the applicability of section 7 of the Act (C) a due process system for the consider- under this section shall be as generally de- of February 8, 1887 (25 U.S.C. 381), and this ation and determination by the Tribe of any scribed in the document entitled ‘‘Blackfeet title to protect the interests of allottees. request by an allottee (or a successor in in- Water Storage, Development, and Project (c) TRUST STATUS OF TRIBAL WATER terest to an allottee) for an allocation of Report’’, prepared by DOWL HKM, and dated RIGHTS.—The Tribal water rights— water for irrigation purposes on allotted March 13, 2013, as modified and agreed to by (1) shall be held in trust by the United land, including a process for— the Secretary and the Tribe. States for the use and benefit of the Tribe (i) appeal and adjudication of any denied or (2) MODIFICATION.—The Tribe may modify and the allottees in accordance with this disputed distribution of water; and the scope of the projects described in the title; and (ii) resolution of any contested administra- document referred to in paragraph (1) if— (2) shall not be subject to forfeiture or tive decision; and (A) the modified project is— abandonment. (D) a requirement that any allottee assert- (i) similar to the proposed project; and (d) ALLOTTEES.— ing a claim relating to the enforcement of (ii) consistent with the purposes of this (1) APPLICABILITY OF ACT OF FEBRUARY 8, rights of the allottee under the tribal water title; and 1887.—The provisions of section 7 of the Act of code, or to the quantity of water allocated to

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land of the allottee, shall exhaust all rem- (3) in the St. Mary Account, the amount (4) APPROVAL.—On receipt of an expendi- edies available to the allottee under tribal made available pursuant to section ture plan under this subsection, the Sec- law before initiating an action against the 9018(a)(1)(C); and retary shall approve the plan, if the Sec- United States or petitioning the Secretary (4) in the Blackfeet Water, Storage, and retary determines that the plan— pursuant to subsection (d)(4)(B). Development Projects Account, the amount (A) is reasonable; and (3) ACTION BY SECRETARY.— made available pursuant to section (B) is consistent with, and will be used for, (A) IN GENERAL.—During the period begin- 9018(a)(1)(D). the purposes of this title. ning on the date of enactment of this title (d) INTEREST.—.In addition to the deposits (5) ENFORCEMENT.—The Secretary may and ending on the date on which a tribal under subsection (c), any interest credited to carry out such judicial and administrative water code described in paragraphs (1) and (2) amounts unexpended in the Trust Fund are actions as the Secretary determines to be is enacted, the Secretary shall administer, authorized to be appropriated to be used in necessary to enforce an expenditure plan to with respect to the rights of allottees, the accordance with the uses described in sub- ensure that amounts disbursed under this Tribal water rights in accordance with this section (i). subsection are used in accordance with this title. (e) MANAGEMENT.—The Secretary shall title. (B) APPROVAL.—The tribal water code de- manage, invest, and distribute all amounts (i) USES.—Amounts from the Trust Fund scribed in paragraphs (1) and (2) shall not be in the Trust Fund in a manner that is con- shall be used by the Tribe for the following valid unless— sistent with the investment authority of the purposes: (i) the provisions of the tribal water code Secretary under— (1) The Administration and Energy Ac- required by paragraph (2) are approved by (1) the first section of the Act of June 24, count shall be used for administration of the the Secretary; and 1938 (25 U.S.C. 162a); Tribal water rights and energy development (ii) each amendment to the tribal water (2) the American Indian Trust Fund Man- projects under this title and the Compact. code that affects a right of an allottee is ap- agement Reform Act of 1994 (25 U.S.C. 4001 et (2) The OM&R Account shall be used to as- proved by the Secretary. seq.); and sist the Tribe in paying OM&R costs. (C) APPROVAL PERIOD.— (3) this section. (3) The St. Mary Account shall be distrib- (i) IN GENERAL.—The Secretary shall ap- (f) AVAILABILITY OF AMOUNTS.— uted pursuant to an expenditure plan ap- prove or disapprove the tribal water code or (1) IN GENERAL.—Amounts appropriated to, proved under subsection (g), subject to the an amendment to the tribal water code not and deposited in, the Trust Fund, including conditions that— later than 180 days after the date on which any investment earnings, shall be made (A) during the period for which the amount the tribal water code or amendment is sub- available to the Tribe by the Secretary be- is available and held by the Secretary, mitted to the Secretary. ginning on the enforceability date. $500,000 shall be distributed to the Tribe an- (ii) EXTENSION.—The deadline described in (2) FUNDING FOR TRIBAL IMPLEMENTATION nually as compensation for the deferral of clause (i) may be extended by the Secretary ACTIVITIES.—Notwithstanding paragraph (1), the St. Mary water right; and after consultation with the Tribe. on approval pursuant to this title and the (B) any additional amounts deposited in (g) ADMINISTRATION.— Compact by a referendum vote of a majority the account may be withdrawn and used by (1) NO ALIENATION.—The Tribe shall not of votes cast by members of the Tribe on the the Tribe to pay OM&R costs or other ex- permanently alienate any portion of the day of the vote, as certified by the Secretary penses for 1 or more projects to benefit the Tribal water rights. and the Tribe and subject to the availability Tribe, as approved by the Secretary, subject (2) PURCHASES OR GRANTS OF LAND FROM IN- of appropriations, of the amounts in the Ad- to the requirement that the Secretary shall DIANS.—An authorization provided by this ministration and Energy Account, $4,800,000 not approve an expenditure plan under this title for the allocation, distribution, leasing, shall be made available to the Tribe for the paragraph unless the Tribe provides a resolu- or other arrangement entered into pursuant implementation of this title. tion of the tribal council— to this title shall be considered to satisfy (g) WITHDRAWALS UNDER AIFRMRA.— (i) approving the withdrawal of the funds any requirement for authorization of the ac- (1) IN GENERAL.—The Tribe may withdraw from the account; and tion by treaty or convention imposed by sec- any portion of the funds in the Trust Fund (ii) acknowledging that the Secretary will tion 2116 of the Revised Statutes (25 U.S.C. on approval by the Secretary of a tribal not be able to distribute funds under sub- 177). management plan submitted by the Tribe in paragraph (A) indefinitely if the principal (3) PROHIBITION ON FORFEITURE.—The non- accordance with the American Indian Trust funds in the account are reduced. use of all or any portion of the Tribal water Fund Management Reform Act of 1994 (25 (4) The Blackfeet Water, Storage, and De- rights by a lessee or contractor shall not re- U.S.C. 4001 et seq.). velopment Projects Account shall be used to sult in the forfeiture, abandonment, relin- (2) REQUIREMENTS.— carry out section 9013. (j) LIABILITY.—The Secretary and the Sec- quishment, or other loss of all or any portion (A) IN GENERAL.—In addition to the re- retary of the Treasury shall not be liable for of the Tribal water rights. quirements under the American Indian Trust the expenditure or investment of any (h) EFFECT.—Except as otherwise expressly Fund Management Reform Act of 1994 (25 amounts withdrawn from the Trust Fund by provided in this section, nothing in this U.S.C. 4001 et seq.), the tribal management title— the Tribe under subsection (f) or (g). plan under paragraph (1) shall require that (1) authorizes any action by an allottee (k) NO PER CAPITA DISTRIBUTIONS.—No por- the Tribe shall spend all amounts withdrawn against any individual or entity, or against tion of the Trust Fund shall be distributed from the Trust Fund in accordance with this the Tribe, under Federal, State, tribal, or on a per capita basis to any member of the title. local law; or Tribe. (B) ENFORCEMENT.—The Secretary may (2) alters or affects the status of any action (l) DEPOSIT OF FUNDS.—On request by the carry out such judicial and administrative brought pursuant to section 1491(a) of title Tribe, the Secretary may deposit amounts actions as the Secretary determines to be 28, United States Code. from an account described in paragraph (1), necessary to enforce the tribal management (2), or (4) of subsection (b) to any other ac- SEC. 9016. BLACKFEET SETTLEMENT TRUST plan to ensure that amounts withdrawn by FUND. count the Secretary determines to be appro- the Tribe from the Trust Fund under this (a) ESTABLISHMENT.—There is established priate. subsection are used in accordance with this in the Treasury of the United States a trust SEC. 9017. BLACKFEET WATER SETTLEMENT IM- fund, to be known as the ‘‘Blackfeet Settle- title. PLEMENTATION FUND. ment Trust Fund’’ (referred to in this sec- (h) WITHDRAWALS UNDER EXPENDITURE (a) ESTABLISHMENT.—There is established tion as the ‘‘Trust Fund’’), to be managed, PLAN.— in the Treasury of the United States a invested, and distributed by the Secretary (1) IN GENERAL.—The Tribe may submit to nontrust, interest-bearing account, to be and to remain available until expended. the Secretary a request to withdraw funds known as the ‘‘Blackfeet Water Settlement (b) ACCOUNTS.—The Secretary shall estab- from the Trust Fund pursuant to an ap- Implementation Fund’’ (referred to in this lish in the Trust Fund the following ac- proved expenditure plan. section as the ‘‘Implementation Fund’’), to counts: (2) REQUIREMENTS.—To be eligible to with- be managed and distributed by the Sec- (1) The Administration and Energy Ac- draw funds under an expenditure plan under retary, for use by the Secretary for carrying count. paragraph (1), the Tribe shall submit to the out this title. (2) The OM&R Account. Secretary for approval an expenditure plan (b) ACCOUNTS.—The Secretary shall estab- (3) The St. Mary Account. for any portion of the Trust Fund that the lish in the Implementation Fund the fol- (4) The Blackfeet Water, Storage, and De- Tribe elects to withdraw pursuant to this lowing accounts: velopment Projects Account. subsection, subject to the condition that the (1) The MR&I System, Irrigation, and (c) DEPOSITS.—The Secretary shall deposit funds shall be used for the purposes described Water Storage Account. in the Trust Fund— in this title. (2) The Blackfeet Irrigation Project De- (1) in the Administration and Energy Ac- (3) INCLUSIONS.—An expenditure plan under ferred Maintenance and Four Horns Dam count, the amount made available pursuant this subsection shall include a description of Safety Improvements Account. to section 9018(a)(1)(A); the manner and purpose for which the (3) The St. Mary/Milk Water Management (2) in the OM&R Account, the amount amounts proposed to be withdrawn from the and Activities Fund. made available pursuant to section Trust Fund will be used by the Tribe, in ac- (c) DEPOSITS.—The Secretary shall deposit 9018(a)(1)(B); cordance with subsection (h). in the Implementation Fund—

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MARY/MILK WATER MANAGEMENT AND (B) in determining the amount authorized nicipal rural or industrial water delivery ACTIVITIES ACCOUNT.—The St. Mary/Milk to be appropriated. system on the Reservation; Water Management and Activities Account SEC. 9019. WATER RIGHTS IN LEWIS AND CLARK (iv) a failure to provide for operation or shall be used to carry out sections 9005 and NATIONAL FOREST AND GLACIER maintenance, or deferred maintenance, for 9007. NATIONAL PARK. the Blackfeet Irrigation Project or any other (f) MANAGEMENT.—Amounts in the Imple- The instream flow water rights of the irrigation system or irrigation project on the mentation Fund shall not be available to the Tribe on land within the Lewis and Clark Reservation; National Forest and Glacier National Park— Secretary for expenditure until the enforce- (v) the litigation of claims relating to the ability date. (1) are confirmed; and water rights of the Tribe in the State; and (2) shall be as described in the document SEC. 9018. AUTHORIZATION OF APPROPRIATIONS. (vi) the negotiation, execution, or adoption entitled ‘‘Stipulation to Address Claims by (a) IN GENERAL.—Subject to subsection (b), of the Compact (including exhibits) or this and for the Benefit of the Blackfeet Indian there are authorized to be appropriated to title; the Secretary— Tribe to Water Rights in the Lewis & Clark (B) reserved in subsections (b) through (d) (1) as adjusted on appropriation to reflect National Forest and Glacier National Park’’, of section 6 of the settlement for the case changes since April 2010 in the Consumer and as finally decreed by the Montana Water styled Blackfeet Tribe v. United States, No. Price Index for All Urban Consumers West Court, or, if the Montana Water Court is 02–127L (Fed. Cl. 2012); and Urban 50,000 to 1,500,000 index for the amount found to lack jurisdiction, by the United (C) that first accrued at any time on or be- appropriated— States district court with jurisdiction. fore the enforceability date— (A) for deposit in the Administration and SEC. 9020. WAIVERS AND RELEASES OF CLAIMS. (i) arising from the taking or acquisition of Energy Account of the Blackfeet Settlement (a) IN GENERAL.— the land of the Tribe or resources for the Trust Fund established under section (1) WAIVER AND RELEASE OF CLAIMS BY construction of the features of the St. Mary 9016(b)(1), $28,900,000; TRIBE AND UNITED STATES AS TRUSTEE FOR Unit of the Milk River Project; (B) for deposit in the OM&R Account of the TRIBE.—Subject to the reservation of rights (ii) relating to the construction, operation, Blackfeet Settlement Trust Fund estab- and retention of claims under subsection (d), and maintenance of the St. Mary Unit of the lished under section 9016(b)(2), $27,760,000; as consideration for recognition of the Tribal Milk River Project, including Sherburne (C) for deposit in the St. Mary Account of water rights and other benefits as described Dam, St. Mary Diversion Dam, St. Mary the Blackfeet Settlement Trust Fund estab- in the Compact and this title, the Tribe, act- Canal and associated infrastructure, and the lished under section 9016(b)(3), $27,800,000; ing on behalf of the Tribe and members of management of flows in Swiftcurrent Creek, (D) for deposit in the Blackfeet Water, the Tribe (but not any member of the Tribe including the diversion of Swiftcurrent Storage, and Development Projects Account as an allottee), and the United States, acting Creek into Lower St. Mary Lake; of the Blackfeet Settlement Trust Fund es- as trustee for the Tribe and the members of (iii) relating to the construction, oper- tablished under section 9016(b)(4), $91,000,000; the Tribe (but not any member of the Tribe ation, and management of Lower Two Medi- and as an allottee), shall execute a waiver and re- cine Dam and Reservoir and Four Horns Dam (E) such sums not to exceed the amount of lease of all claims for water rights within and Reservoir, including any claim relating interest credited to the unexpended amounts the State that the Tribe, or the United to the failure to provide dam safety improve- of the Blackfeet Settlement Trust Fund; and States acting as trustee for the Tribe, as- ments for Four Horns Reservoir; or (2) as adjusted annually to reflect changes serted or could have asserted in any pro- (iv) relating to the allocation of waters of since April 2010 in the Bureau of Reclama- ceeding, including a State stream adjudica- the Milk River and St. Mary River (including tion Construction Cost Trends Index applica- tion, on or before the enforceability date, ex- tributaries) between the United States and ble to the types of construction involved— cept to the extent that such rights are recog- Canada pursuant to the International Bound- (A) for deposit in the MR&I System, Irriga- nized in the Compact and this title. ary Waters Treaty of 1909 (36 Stat. 2448). tion, and Water Storage Account of the (2) WAIVER AND RELEASE OF CLAIMS BY (b) EFFECTIVENESS.—The waivers and re- Blackfeet Water Settlement Implementation UNITED STATES AS TRUSTEE FOR ALLOTTEES.— leases under subsection (a) shall take effect Fund established under section 9017(b)(1), Subject to the reservation of rights and the on the enforceability date. $163,500,000; retention of claims under subsection (d), as (c) WITHDRAWAL OF OBJECTIONS.—The Tribe (B) for deposit in the Blackfeet Irrigation consideration for recognition of the Tribal shall withdraw all objections to the water Project Deferred Maintenance, Four Horns water rights and other benefits as described rights claims filed by the United States for Dam Safety, and Rehabilitation and En- in the Compact and this title, the United the benefit of the Milk River Project, except hancement of the Four Horns Feeder Canal, States, acting as trustee for allottees, shall objections to those claims consolidated for Dam, and Reservoir Improvements Account execute a waiver and release of all claims for adjudication within Basin 40J, within 14 days of the Blackfeet Water Settlement Imple- water rights within the Reservation that the of the certification under subsection (f)(5) mentation Fund established under section United States, acting as trustee for the that the Tribal membership has approved the 9017(b)(2), $54,900,000, of which— allottees, asserted or could have asserted in Compact and this title. (i) $40,900,000 shall be made available for any proceeding, including a State stream ad- (1) Prior to withdrawal of the objections, activities and projects under section 9010(c); judication, on or before the enforceability the Tribe may seek leave of the Montana and date, except to the extent that such rights Water Court for a right to reinstate the ob- (ii) $14,000,000 shall be made available for are recognized in the Compact and this title. jections in the event the conditions of en- activities and projects under section (3) WAIVER AND RELEASE OF CLAIMS BY forceability in paragraphs (1) through (8) of 9010(d)(2); TRIBE AGAINST UNITED STATES.—Subject to subsection (f) are not satisfied by the date of

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expiration described in section 9023 of this (f) ENFORCEABILITY DATE.—The enforce- SEC. 9021. SATISFACTION OF CLAIMS. title. ability date shall be the date on which the (a) TRIBAL CLAIMS.—The benefits realized (2) If the conditions of enforceability in Secretary publishes in the Federal Register a by the Tribe under this title shall be in com- paragraphs (1) through (8) of subsection (f) statement of findings that— plete replacement of, complete substitution are satisfied, and any authority the Montana (1)(A) the Montana Water Court has ap- for, and full satisfaction of all— Water Court may have granted the Tribe to proved the Compact, and that decision has (1) claims of the Tribe against the United reinstate objections described in this section become final and nonappealable; or States waived and released pursuant to sec- has not yet expired, the Tribe shall notify (B) if the Montana Water Court is found to tion 9020(a); and the Montana Water Court and the United lack jurisdiction, the appropriate United (2) objections withdrawn pursuant to sec- States in writing that it will not exercise States district court has approved the Com- tion 9020(c). any such authority. pact, and that decision has become final and (b) ALLOTTEE CLAIMS.—The benefits real- (d) RESERVATION OF RIGHTS AND RETENTION nonappealable; ized by the allottees under this title shall be OF CLAIMS.—Notwithstanding the waivers (2) all amounts authorized under section in complete replacement of, complete substi- and releases under subsection (a), the Tribe, 9018(a) have been appropriated; tution for, and full satisfaction of— acting on behalf of the Tribe and members of (3) the agreements required by sections (1) all claims waived and released pursuant the Tribe, and the United States, acting as 9006(c), 9007(f), and 9009(c) have been exe- to section 9020(a)(2); and trustee for the Tribe and allottees, shall re- cuted; (2) any claim of an allottee against the tain— (4) the State has appropriated and paid United States similar in nature to a claim (1) all claims relating to— into an interest-bearing escrow account any described in section 9020(a)(2) that the allot- (A) enforcement of, or claims accruing payments due as of the date of enactment of tee asserted or could have asserted. after the enforceability date relating to this title to the Tribe under the Compact, SEC. 9022. MISCELLANEOUS PROVISIONS. water rights recognized under, the Compact, the Birch Creek Agreement, and this title; (a) WAIVER OF SOVEREIGN IMMUNITY.—Ex- any final decree, or this title; (5) the members of the Tribe have voted to cept as provided in subsections (a) through (B) activities affecting the quality of approve this title and the Compact by a ma- (c) of section 208 of the Department of Jus- water, including any claim under— jority of votes cast on the day of the vote, as tice Appropriation Act, 1953 (43 U.S.C. 666), (i) the Comprehensive Environmental Re- certified by the Secretary and the Tribe; nothing in this title waives the sovereign im- sponse, Compensation, and Liability Act of (6) the Secretary has fulfilled the require- munity of the United States. 1980 (42 U.S.C. 9601 et seq.), including dam- ments of section 9009(a); (b) OTHER TRIBES NOT ADVERSELY AF- ages to natural resources; (7) the agreement or terms and conditions FECTED.—Nothing in this title quantifies or (ii) the Safe Drinking Water Act (42 U.S.C. referred to in section 9005 are executed and diminishes any land or water right, or any 300f et seq.); final; and claim or entitlement to land or water, of an (iii) the Federal Water Pollution Control (8) the waivers and releases described in Indian tribe, band, or community other than Act (33 U.S.C. 1251 et seq.) (commonly re- subsection (a) have been executed by the the Tribe. ferred to as the ‘‘Clean Water Act’’); and Tribe and the Secretary. (c) LIMITATION ON CLAIMS FOR REIMBURSE- (iv) any regulations implementing the Acts (g) TOLLING OF CLAIMS.— MENT.—With respect to any Indian-owned described in clauses (i) through (iii); or (1) IN GENERAL.—Each applicable period of land located within the Reservation— (C) damage, loss, or injury to land or nat- limitation and time-based equitable defense (1) the United States shall not submit ural resources that are not due to loss of relating to a claim described in this section against that land any claim for reimburse- water or water rights (including hunting, shall be tolled during the period beginning ment of the cost to the United States of car- fishing, gathering, or cultural rights); on the date of enactment of this title and rying out this title or the Compact; and (2) all rights to use and protect water ending on the date on which the amounts (2) no assessment of that land shall be rights acquired after the date of enactment made available to carry out this title are made regarding that cost. of this title; and transferred to the Secretary. (d) LIMITATION ON LIABILITY OF UNITED (3) all rights, remedies, privileges, immuni- (2) EFFECT OF SUBSECTION.—Nothing in this STATES.— ties, and powers not specifically waived and subsection revives any claim or tolls any pe- (1) IN GENERAL.—The United States has no released pursuant to this title or the Com- riod of limitation or time-based equitable de- obligation— pact. fense that expired before the date of enact- (A) to monitor, administer, or account for, (e) EFFECT OF COMPACT AND ACT.—Nothing ment of this title. in any manner, any funds provided to the in the Compact or this title— Tribe by the State; or (1) affects the ability of the United States, (h) EXPIRATION.—If all appropriations au- (B) to review or approve any expenditure of acting as a sovereign, to take any action au- thorized by this title have not been made those funds. available to the Secretary by January 21, thorized by law (including any law relating (2) INDEMNITY.—The Tribe shall indemnify to health, safety, or the environment), in- 2026, the waivers and releases described in the United States, and hold the United cluding— this section shall— States harmless, with respect to all claims (A) the Comprehensive Environmental Re- (1) expire; and (including claims for takings or breach of sponse, Compensation, and Liability Act of (2) have no further force or effect. trust) arising from the receipt or expendi- 1980 (42 U.S.C. 9601 et seq.); (i) VOIDING OF WAIVERS.—If the waivers and ture of amounts described in the subsection. (B) the Safe Drinking Water Act (42 U.S.C. releases described in this section are void (e) EFFECT ON CURRENT LAW.—Nothing in 300f et seq.); under subsection (h)— this section affects any provision of law (in- (C) the Federal Water Pollution Control (1) the approval of the United States of the cluding regulations) in effect on the day be- Act (33 U.S.C. 1251 et seq.) (commonly re- Compact under section 9004 shall no longer fore the date of enactment of this title with ferred to as the ‘‘Clean Water Act’’); and be effective; respect to preenforcement review of any Fed- (D) any regulations implementing the Acts (2) any unexpended Federal funds appro- eral environmental enforcement action. described in subparagraphs (A) through (C); priated or made available to carry out the (f) EFFECT ON RECLAMATION LAWS.—The ac- (2) affects the ability of the United States activities authorized by this title, together tivities carried out by the Commissioner of to act as trustee for any other Indian tribe with any interest earned on those funds, and Reclamation under this title shall not estab- or allottee of any other Indian tribe; any water rights or contracts to use water lish a precedent or impact the authority pro- (3) confers jurisdiction on any State and title to other property acquired or con- vided under any other provision of the rec- court— structed with Federal funds appropriated or lamation laws, including— (A) to interpret Federal law regarding made available to carry out the activities (1) the Reclamation Rural Water Supply health, safety, or the environment; authorized under this title shall be returned Act of 2006 (43 U.S.C. 2401 et seq.); and (B) to determine the duties of the United to the Federal Government, unless otherwise (2) the Omnibus Public Land Management States or any other party pursuant to a Fed- agreed to by the Tribe and the United States Act of 2009 (Public Law 111–11; 123 Stat. 991). eral law regarding health, safety, or the en- and approved by Congress; and (g) IRRIGATION EFFICIENCY IN UPPER BIRCH vironment; or (3) except for Federal funds used to acquire CREEK DRAINAGE.—Any activity carried out (C) to conduct judicial review of a Federal or develop property that is returned to the by the Tribe in the Upper Birch Creek Drain- agency action; Federal Government under paragraph (2), the age (as defined in article II.50 of the Com- (4) waives any claim of a member of the United States shall be entitled to offset any pact) using funds made available to carry Tribe in an individual capacity that does not Federal funds appropriated or made avail- out this title shall achieve an irrigation effi- derive from a right of the Tribe; able to carry out the activities authorized ciency of not less than 50 percent. (5) revives any claim waived by the Tribe under this title that were expended or with- (h) BIRCH CREEK AGREEMENT APPROVAL.— in the case styled Blackfeet Tribe v. United drawn, together with any interest accrued, The Birch Creek Agreement is approved to States, No. 02–127L (Fed. Cl. 2012); or against any claims against the United States the extent that the Birch Creek Agreement (6) revives any claim released by an allot- relating to water rights in the State asserted requires approval under section 2116 of the tee or a tribal member in the settlement for by the Tribe or any user of the Tribal water Revised Statutes (25 U.S.C. 177). the case styled Cobell v. Salazar, No. rights or in any future settlement of the (i) LIMITATION ON EFFECT.—Nothing in this 1:96CV01285–JR (D.D.C. 2012). water rights of the Tribe or an allottee. title or the Compact—

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(1) makes an allocation or apportionment TITLE II—REPORT ON MAJOR WILDLIFE (8) NATIONAL STRATEGY.—The term ‘‘Na- of water between or among States; or TRAFFICKING COUNTRIES tional Strategy’’ means the National Strat- (2) addresses or implies whether, how, or to Sec. 201. Report. egy for Combating Wildlife Trafficking pub- what extent the Tribal water rights, or any TITLE III—FRAMEWORK FOR lished on February 11, 2014, a modification of portion of the Tribal water rights, should be INTERAGENCY RESPONSE that strategy, or a successor strategy. accounted for as part of, or otherwise (9) NATIONAL WILDLIFE SERVICES.—The term Sec. 301. Presidential Task Force on Wildlife charged against, an allocation or apportion- ‘‘national wildlife services’’ refers to the Trafficking. ment of water made to a State in an inter- ministries and government bodies designated state allocation or apportionment. TITLE IV—PROGRAMS TO ADDRESS THE to manage matters pertaining to wildlife SEC. 9023. EXPIRATION ON FAILURE TO MEET EN- ESCALATING WILDLIFE TRAFFICKING management, including poaching or traf- FORCEABILITY DATE. CRISIS ficking, in a focus country. If the Secretary fails to publish a state- Sec. 401. Anti-poaching programs. (10) SECURITY FORCE.—The term ‘‘security ment of findings under section 9020(f) by not Sec. 402. Anti-trafficking programs. force’’ means a military, law enforcement, later than January 21, 2025, or such alter- Sec. 403. Engagement of United States diplo- gendarmerie, park ranger, or any other secu- native later date as is agreed to by the Tribe matic missions. rity force with a responsibility for pro- and the Secretary, after reasonable notice to Sec. 404. Community conservation. tecting wildlife and natural habitats. the State, as applicable— TITLE V—OTHER ACTIONS RELATING TO (11) TASK FORCE.—The term ‘‘Task Force’’ (1) this title expires effective on the later WILDLIFE TRAFFICKING PROGRAMS means the Presidential Task Force on Wild- of— Sec. 501. Amendments to Fisherman’s Pro- life Trafficking, as established by Executive (A) January 22, 2025; and tective Act of 1967. Order 13648 (78 Fed. Reg. 40621) and modified (B) the day after such alternative later Sec. 502. Wildlife trafficking violations as by section 201. date as is agreed to by the Tribe and the Sec- predicate offenses under money (12) WILDLIFE TRAFFICKING.—The term retary; laundering statute. ‘‘wildlife trafficking’’ refers to the poaching (2) any action taken by the Secretary and SEC. 2. DEFINITIONS. or other illegal taking of protected or man- any contract or agreement entered into pur- In this Act: aged species and the illegal trade in wildlife suant to this title shall be void; (1) APPROPRIATE CONGRESSIONAL COMMIT- and their related parts and products. (3) any amounts made available under sec- TEES.—The term ‘‘appropriate congressional TITLE I—PURPOSES AND POLICY tion 9018, together with any interest on those committees’’ means— SEC. 101. PURPOSES. amounts, that remain unexpended shall im- (A) the Committee on Foreign Relations The purposes of this Act are— mediately revert to the general fund of the and the Committee on Appropriations of the (1) to support a collaborative, interagency Treasury, except for any funds made avail- Senate; and approach to address wildlife trafficking; able under section 9016(e)(2) if the Montana (B) the Committee on Foreign Affairs and (2) to protect and conserve the remaining Water Court denies the Tribe’s request to re- the Committee on Appropriations of the populations of wild elephants, rhinoceroses, instate the objections in section 9020(c); and House of Representatives. and other species threatened by poaching (4) the United States shall be entitled to (2) CO-CHAIRS OF THE TASK FORCE.—The and the illegal wildlife trade; offset against any claims asserted by the term ‘‘Co-Chairs of the Task Force’’ means (3) to disrupt regional and global Tribe against the United States relating to the Secretary of State, the Secretary of the transnational organized criminal networks water rights— Interior, and the Attorney General, as estab- and to prevent the illegal wildlife trade from (A) any funds expended or withdrawn from lished pursuant to Executive Order 13648. being used as a source of financing for crimi- the amounts made available pursuant to this (3) COMMUNITY CONSERVATION.—The term nal groups that undermine United States and title; and ‘‘community conservation’’ means an ap- global security interests; (B) any funds made available to carry out proach to conservation that recognizes the (4) to prevent wildlife poaching and traf- the activities authorized by this title from rights of local people to manage, or benefit ficking from being a means to make a living other authorized sources, except for any directly and indirectly from wildlife and in focus countries; funds provided under section 9016(e)(2) if the other natural resources in a long-term bio- (5) to support the efforts of, and collabo- Montana Water court denies the Tribe’s re- logically viable manner and includes— rate with, individuals, communities, local quest to reinstate the objections in section (A) devolving management and governance organizations, and foreign governments to 9020(c). to local communities to create positive con- combat poaching and wildlife trafficking; SEC. 9024. ANTIDEFICIENCY. ditions for resource use that takes into ac- (6) to assist focus countries in implementa- The United States shall not be liable for count current and future ecological require- tion of national wildlife anti-trafficking and any failure to carry out any obligation or ac- ments; and poaching laws; and tivity authorized by this title (including any (B) building the capacity of communities (7) to ensure that United States assistance obligation or activity under the Compact) for conservation and natural resource man- to prevent and suppress illicit wildlife traf- if— agement. ficking is carefully planned and coordinated, (1) adequate appropriations are not pro- (4) COUNTRY OF CONCERN.—The term ‘‘coun- and that it is systematically and rationally vided expressly by Congress to carry out the try of concern’’ refers to a foreign country prioritized on the basis of detailed analysis purposes of this title; or specially designated by the Secretary of of the nature and severity of threats to wild- (2) there are not enough monies available State pursuant to subsection (b) of section life and the willingness and ability of foreign to carry out the purposes of this title in the 201 as a major source of wildlife trafficking partners to cooperate effectively toward Reclamation Water Settlements Fund estab- products or their derivatives, a major transit these ends. lished under section 10501(a) of the Omnibus point of wildlife trafficking products or their SEC. 102. STATEMENT OF UNITED STATES POL- Public Land Management Act of 2009 (43 derivatives, or a major consumer of wildlife ICY. U.S.C. 407(a)). trafficking products, in which the govern- It is the policy of the United States— ment has actively engaged in or knowingly (1) to take immediate actions to stop the SA 5078. Mr. COONS (for himself and profited from the trafficking of endangered illegal global trade in wildlife and wildlife Mr. FLAKE) proposed an amendment to or threatened species. products and associated transnational orga- the bill H.R. 2494, to support global (5) FOCUS COUNTRY.—The term ‘‘focus coun- nized crime; anti-poaching efforts, strengthen the try’’ refers to a foreign country determined (2) to provide technical and other forms of capacity of partner countries to by the Secretary of State to be a major assistance to help focus countries halt the source of wildlife trafficking products or poaching of elephants, rhinoceroses, and counter wildlife trafficking, designate their derivatives, a major transit point of other imperiled species and end the illegal major wildlife trafficking countries, wildlife trafficking products or their deriva- trade in wildlife and wildlife products, in- and for other purposes; as follows: tives, or a major consumer of wildlife traf- cluding by providing training and assistance Strike all after the enacting clause and in- ficking products. in— sert the following: (6) DEFENSE ARTICLE; DEFENSE SERVICE; SIG- (A) wildlife protection and management of SECTION 1. SHORT TITLE; TABLE OF CONTENTS. NIFICANT MILITARY EQUIPMENT; TRAINING.— wildlife populations; (a) SHORT TITLE.—This Act may be cited as The terms ‘‘defense article’’, ‘‘defense serv- (B) anti-poaching and effective manage- the ‘‘Eliminate, Neutralize, and Disrupt ice’’, ‘‘significant military equipment’’, and ment of protected areas including commu- Wildlife Trafficking Act of 2016’’. ‘‘training’’ have the meanings given such nity managed and privately-owned lands; (b) TABLE OF CONTENTS.—The table of con- terms in section 47 of the Arms Export Con- (C) local engagement of security forces in tents for this Act is as follows: trol Act (22 U.S.C. 2794). anti-poaching responsibilities, where appro- (7) IMPLEMENTATION PLAN.—The term ‘‘Im- priate; Sec. 1. Short title; table of contents. plementation Plan’’ means the Implementa- (D) wildlife trafficking investigative tech- Sec. 2. Definitions. tion Plan for the National Strategy for Com- niques, including forensic tools; TITLE I—PURPOSES AND POLICY bating Wildlife Trafficking released on Feb- (E) transparency and corruption issues; Sec. 101. Purposes. ruary 11, 2015, a modification of that plan, or (F) management, tracking, and inventory Sec. 102. Statement of United States policy. a successor plan. of confiscated wildlife contraband;

VerDate Sep 11 2014 03:13 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00134 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.044 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5863 (G) demand reduction strategies in coun- strategic plans required by paragraph (2) in minates the Task Force by rescinding, super- tries that lack the means and resources to each focus country; seding, or otherwise modifying relevant por- conduct them; and (4) not less frequently than annually, con- tions of Executive Order 13648. (H) bilateral and multilateral agreements sult and coordinate with stakeholders quali- TITLE IV—PROGRAMS TO ADDRESS THE and cooperation; fied to provide advice, assistance, and infor- ESCALATING WILDLIFE TRAFFICKING (3) to employ appropriate assets and re- mation regarding effective support for anti- CRISIS sources of the United States Government in poaching activities, coordination of regional a coordinated manner to curtail poaching law enforcement efforts, development of and SEC. 401. ANTI-POACHING PROGRAMS. and disrupt and dismantle illegal wildlife support for effective legal enforcement (a) WILDLIFE LAW ENFORCEMENT PROFES- trade networks and the financing of those mechanisms, and development of strategies SIONAL TRAINING AND COORDINATION ACTIVI- networks in a manner appropriate for each to reduce illicit trade and reduce consumer TIES.—The Secretary of State and the Ad- focus country; demand for illegally traded wildlife and wild- ministrator of the United States Agency for (4) to build upon the National Strategy and life products, and other relevant topics under International Development, in collaboration Implementation Plan to further combat this Act; and with the heads of other relevant United wildlife trafficking in a holistic manner and (5) coordinate or carry out other functions States agencies and nongovernmental part- guide the response of the United States Gov- as are necessary to implement this Act. ners where appropriate, may provide assist- ernment to ensure progress in the fight (b) DUPLICATION AND EFFICIENCY.—The ance to focus countries to carry out the rec- against wildlife trafficking; and Task Force shall— ommendations made in the strategic plan re- (5) to recognize the ties of wildlife traf- (1) ensure that the activities of the Federal quired by section 301(a)(2), among other ficking to broader forms of transnational or- agencies involved in carrying out efforts goals, to improve the effectiveness of wildlife ganized criminal activities, including traf- under this Act are coordinated and not dupli- law enforcement in regions and countries ficking, and where applicable, to focus on cated; and that have demonstrated capacity, willing- those crimes in a coordinated, cross-cutting (2) encourage efficiencies and coordination ness, and need for assistance. manner. among the efforts of Federal agencies and (b) SENSE OF CONGRESS REGARDING SECU- RITY ASSISTANCE TO COUNTER WILDLIFE TRAF- TITLE II—REPORT ON MAJOR WILDLIFE interagency initiatives ongoing as of the FICKING AND POACHING IN AFRICA.—It is the TRAFFICKING COUNTRIES date of the enactment of this Act to address trafficking activities, including trafficking sense of Congress that the United States SEC. 201. REPORT. of wildlife, humans, weapons, and narcotics, should continue to provide defense articles (a) REPORT.—Not later than one year after illegal trade, transnational organized crime, (not including significant military equip- the date of the enactment of this Act, and ment), defense services, and related training annually thereafter, the Secretary of State, or other illegal activities. (c) CONSISTENCY WITH AGENCY RESPONSIBIL- to appropriate security forces of countries of in consultation with the Secretary of the In- ITIES.—The Task Force shall carry out its re- Africa for the purposes of countering wildlife terior and the Secretary of Commerce, shall sponsibilities under this Act in a manner trafficking and poaching. submit to Congress a report that lists each consistent with the authorities and respon- country determined by the Secretary of SEC. 402. ANTI-TRAFFICKING PROGRAMS. sibilities of agencies represented on the Task (a) INVESTIGATIVE CAPACITY BUILDING.— State to be a focus country within the mean- Force. ing of this Act. The Secretary of State and the Adminis- (d) TASK FORCE STRATEGIC REVIEW.—One trator of the United States Agency for Inter- (b) SPECIAL DESIGNATION.—In each report year after the date of the enactment of this required under subsection (a), the Secretary national Development, in collaboration with Act, and annually thereafter, the Task Force the heads of other relevant United States of State, in consultation with the Secretary shall submit a strategic assessment of its of the Interior and the Secretary of Com- agencies and communities, regions, and gov- work and provide a briefing to the appro- ernments in focus countries, may design and merce, shall identify each country of con- priate congressional committees that shall implement programs in focus countries to cern listed in the report the government of include— carry out the recommendations made in the which has actively engaged in or knowingly (1) a review and assessment of the Task strategic plan required under section profited from the trafficking of endangered Force’s implementation of this Act, identi- 301(a)(2) among other goals, with clear and or threatened species. fying successes, failures, and gaps in its measurable targets and indicators of success, (c) SUNSET.—This section shall terminate work, or that of agencies represented on the to increase the capacity of wildlife law en- on the date that is 5 years after the date of Task Force, including detailed descriptions forcement and customs and border security the enactment of this Act. of— officers in focus countries. TITLE III—FRAMEWORK FOR (A) what approaches, initiatives, or pro- (b) TRANSNATIONAL PROGRAMS.—The Sec- INTERAGENCY RESPONSE grams have succeeded best in increasing the retary of State and the Administrator of the SEC. 301. PRESIDENTIAL TASK FORCE ON WILD- willingness and capacity of focus countries United States Agency for International De- LIFE TRAFFICKING. to suppress and prevent illegal wildlife traf- velopment, in collaboration with other rel- (a) RESPONSIBILITIES.—In addition to the ficking, and what approaches, initiatives, or evant United States agencies, nongovern- functions required by Executive Order 13648 programs have not succeeded as well as mental partners, and international bodies, (78 Fed. Reg. 40621), the Task Force shall be hoped; and and in collaboration with communities, re- informed by the Secretary of State’s annual (B) which foreign governments subject to gions, and governments in focus countries, report required under section 201 and consid- subsections (a) and (b) of section 201 have may design and implement programs, includ- ering all available information, ensure that proven to be the most successful partners in ing support for Wildlife Enforcement Net- relevant United States Government agen- suppressing and preventing illegal wildlife works, in focus countries to carry out the cies— trafficking, which focus countries have not recommendations made in the strategic plan (1) collaborate, to the greatest extent prac- proven to be so, and what factors contrib- required under section 301(a)(2), among other ticable, with the national wildlife services, uted to these results in each country dis- goals, to better understand and combat the or other relevant bodies of each focus coun- cussed; transnational trade in illegal wildlife. try to prepare, not later than 90 days after (2) a description of each Task Force mem- the date of submission of the report required ber agency’s priorities and objectives for SEC. 403. ENGAGEMENT OF UNITED STATES DIP- LOMATIC MISSIONS. under section 201(a), a United States mission combating wildlife trafficking; assessment of the threats to wildlife in that (3) an account of total United States fund- As soon as practicable but not later than 2 focus country and an assessment of the ca- ing each year since fiscal year 2014 for all years after the date of the enactment of this pacity of that country to address wildlife government agencies and programs involved Act, each chief of mission to a focus country trafficking; in countering poaching and wildlife traf- should begin to implement the recommenda- (2) collaborate, to the greatest extent prac- ficking; tions contained in the strategic plan re- ticable, with relevant ministries, national (4) an account of total United States fund- quired under section 301(a)(2), among other wildlife services, or other relevant bodies of ing since fiscal year 2014 to support the ac- goals, for the country. each focus country to prepare, not later than tivities of the Task Force, including admin- SEC. 404. COMMUNITY CONSERVATION. 180 days after preparation of the assessment istrative overhead costs and congressional The Secretary of State, in collaboration referred to in paragraph (1), a United States reporting; and with the United State Agency for Inter- mission strategic plan that includes rec- (5) recommendations for how to improve national Development, heads of other rel- ommendations for addressing wildlife traf- United States and international efforts to evant United States agencies, the private ficking, taking into account any regional or suppress and prevent illegal wildlife traf- sector, nongovernmental organizations, and national strategies for addressing wildlife ficking in the future, based upon the Task other development partners, may provide trafficking in a focus country developed be- Force’s experience as of the time of the re- support in focus countries to carry out the fore the preparation of such assessment; view. recommendations made in the strategic plan (3) coordinate efforts among United States (e) TERMINATION OF TASK FORCE.—The stat- required under section 301(a)(2) as such rec- Federal agencies and non-Federal partners, utory authorization for the Task Force pro- ommendations relate to the development, including missions, domestic and inter- vided by this Act shall terminate 5 years scaling, and replication of community wild- national organizations, the private sector, after the date of the enactment of this Act life conservancies and community conserva- and other global partners, to implement the or such earlier date that the President ter- tion programs in focus countries to assist

VerDate Sep 11 2014 03:13 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00135 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.045 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5864 CONGRESSIONAL RECORD — SENATE September 15, 2016 with rural stability and greater security for (3) by adding at the end the following new mittee on Homeland Security and Gov- people and wildlife, empower and support subparagraph: ernmental Affairs be authorized to communities to manage or benefit from ‘‘(G) any act that is a criminal violation of meet during the session of the Senate their wildlife resources in a long-term bio- subparagraph (A), (B), (C), (D), (E), or (F) of on September 15, 2016, at 10 a.m., to logically viable manner, and reduce the paragraph (1) of section 9(a) of the Endan- threat of poaching and trafficking, including gered Species Act of 1973 (16 U.S.C. conduct a hearing entitled ‘‘The State through— 1538(a)(1)), section 2203 of the African Ele- of Health Insurance Markets.’’ (1) promoting conservation-based enter- phant Conservation Act (16 U.S.C. 4223), or The PRESIDING OFFICER. Without prises and incentives, such as eco-tourism section 7(a) of the Rhinoceros and Tiger Con- objection, it is so ordered. and stewardship-oriented agricultural pro- servation Act of 1994 (16 U.S.C. 5305a(a)), if COMMITTEE ON THE JUDICIARY duction, that empower communities to man- the endangered or threatened species of fish Mr. MCCONNELL. Mr. President, I age wildlife, natural resources, and commu- or wildlife, products, items, or substances in- ask unanimous consent that the Com- nity ventures where appropriate, by ensuring volved in the violation and relevant conduct, mittee on the Judiciary be authorized they benefit from well-managed wildlife pop- as applicable, have a total value of more ulations; than $10,000;’’. to meet during the session of the Sen- ate on September 15, 2016, at 10 a.m., in (2) helping create alternative livelihoods to f poaching by mitigating wildlife trafficking, room SD–226 of the Dirksen Senate Of- helping support rural stability, greater secu- AUTHORITY FOR COMMITTEES TO fice Building. rity for people and wildlife, responsible eco- MEET The PRESIDING OFFICER. Without nomic development, and economic incentives COMMITTEE ON AGRICULTURE, NUTRITION, AND objection, it is so ordered. to conserve wildlife populations; FORESTRY COMMITTEE ON SMALL BUSINESS AND (3) engaging regional businesses and the ENTREPRENEURSHIP private sector to develop goods and services Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, I to aid in anti-poaching and anti-trafficking ask unanimous consent that the Com- measures; mittee on Agriculture, Nutrition, and ask unanimous consent that the Com- (4) working with communities to develop Forestry be authorized to meet during mittee on Small Business and Entre- secure and safe methods of sharing informa- the session of the Senate on September preneurship be authorized to meet dur- tion with enforcement officials; 15, 2016, at 10 a.m., in room SR–328A of ing the session of the Senate on Sep- (5) providing technical assistance to sup- the Russell Senate Office Building. tember 15, 2016, at 10:30 a.m., in room port land use stewardship plans to improve The PRESIDING OFFICER. Without SR–428A of the Russell Senate Office the economic, environmental, and social out- objection, it is so ordered. Building to conduct a hearing entitled comes in community-owned or -managed ‘‘An Examination of the Federal Re- lands; COMMITTEE ON ARMED SERVICES sponse and Resources for Louisiana (6) supporting community anti-poaching Mr. MCCONNELL. Mr. President, I efforts, including policing and informant ask unanimous consent that the Com- Flood Victims.’’ The PRESIDING OFFICER. Without networks; mittee on Armed Services be author- objection, it is so ordered. (7) working with community and national ized to meet during the session of the governments to develop relevant policy and Senate on September 15, 2016, at 9:30 SELECT COMMITTEE ON INTELLIGENCE regulatory frameworks to enable and pro- a.m. Mr. MCCONNELL. Mr. President, I mote community conservation programs, in- ask unanimous consent that the Select cluding supporting law enforcement engage- The PRESIDING OFFICER. Without objection, it is so ordered. Committee on Intelligence be author- ment with wildlife protection authorities to ized to meet during the session of the promote information-sharing; and COMMITTEE ON COMMERCE, SCIENCE, AND Senate on September 15, 2016, at 2 p.m., (8) working with national governments to TRANSPORTATION in room SH–219 of the Hart Senate Of- ensure that communities have timely and ef- Mr. MCCONNELL. Mr. President, I fice Building. fective support from national authorities to ask unanimous consent that the Com- mitigate risks that communities may face The PRESIDING OFFICER. Without mittee on Commerce, Science, and when engaging in anti-poaching and anti- objection, it is so ordered. Transportation be authorized to meet trafficking activities. f TITLE V—OTHER ACTIONS RELATING TO during the session of the Senate on WILDLIFE TRAFFICKING PROGRAMS September 15, 2016, at 10 a.m., in room EXECUTIVE SESSION SEC. 501. AMENDMENTS TO FISHERMAN’S PRO- SR–253 of the Russell Senate Office TECTIVE ACT OF 1967. Building to conduct a hearing entitled Section 8 of the Fisherman’s Protective ‘‘Oversight of the Federal Communica- TREATY WITH KAZAKHSTAN ON Act of 1967 (22 U.S.C. 1978) is amended— tions Commission.’’ MUTUAL LEGAL ASSISTANCE IN (1) in subsection (a)— The PRESIDING OFFICER. Without CRIMINAL MATTERS (A) in paragraph (1), by inserting ‘‘, in con- objection, it is so ordered. sultation with the Secretary of State,’’ after COMMITTEE ON FOREIGN RELATIONS ‘‘Secretary of Commerce’’; TREATY WITH ALGERIA ON MU- (B) in paragraph (2), by inserting ‘‘, in con- Mr. MCCONNELL. Mr. President, I TUAL LEGAL ASSISTANCE IN sultation with the Secretary of State,’’ after ask unanimous consent that the Com- CRIMINAL MATTERS ‘‘Secretary of the Interior’’; mittee on Foreign Relations be author- (C) in paragraph (3), by inserting ‘‘in con- ized to meet during the session of the sultation with the Secretary of State,’’ after Senate on September 15, 2016, at 9:45 TREATY WITH JORDAN ON MU- ‘‘, as appropriate,’’; a.m., to conduct a hearing entitled TUAL LEGAL ASSISTANCE IN (D) by redesigning paragraph (4) as para- ‘‘Afghanistan: U.S. Policy and Inter- CRIMINAL MATTERS graph (5); and (E) by inserting after paragraph (3) the fol- national Commitments.’’ Mrs. CAPITO. Mr. President, I ask lowing new paragraph: The PRESIDING OFFICER. Without unanimous consent that the Senate ‘‘(4) The Secretary of Commerce and the objection, it is so ordered. proceed to executive session to con- Secretary of the Interior shall each report to COMMITTEE ON FOREIGN RELATIONS sider the following treaties on today’s Congress each certification to the President Mr. MCCONNELL. Mr. President, I Executive Calendar en bloc: Nos. 13, 14, made by such Secretary under this sub- ask unanimous consent that the Com- 15; I further ask unanimous consent section, within 15 days after making such mittee on Foreign Relations be author- that the treaties be considered as hav- certification.’’; and (2) in subsection (d), by inserting ‘‘in con- ized to meet during the session of the ing passed through their various par- sultation with the Secretary of State,’’ after Senate on September 15, 2016, at 2:15 liamentary stages up to and including ‘‘as the case may be,’’. p.m., to conduct a hearing entitled the presentation of the resolutions of SEC. 502. WILDLIFE TRAFFICKING VIOLATIONS ‘‘Reviewing the Civil Nuclear Agree- ratification; that any committee con- AS PREDICATE OFFENSES UNDER ment with Norway.’’ ditions, declarations, or reservations MONEY LAUNDERING STATUTE. The PRESIDING OFFICER. Without be agreed to as applicable; that any Section 1956(c)(7) of title 18, United States objection, it is so ordered. statements be printed in the RECORD; Code, is amended— (1) in subparagraph (E), by striking ‘‘; or’’ COMMITTEE ON HOMELAND SECURITY AND further, that each treaty be voted on and inserting a semicolon; GOVERNMENTAL AFFAIRS en bloc but considered voted on indi- (2) in subparagraph (F), by striking the Mr. MCCONNELL. Mr. President, I vidually; that the motions to recon- semicolon and inserting ‘‘; or’’; and ask unanimous consent that the Com- sider be laid upon the table; and that

VerDate Sep 11 2014 05:13 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00136 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.045 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5865 the President be notified of the Sen- Those opposed will rise and stand portance and responsibility under title 10, ate’s action. until counted. U.S.C., section 601: The PRESIDING OFFICER. Is there On a division vote, two-thirds of the To be lieutenant general objection? Senators present having voted in the Maj. Gen. Aundre F. Piggee Without objection, it is so ordered. affirmative, the resolution of ratifica- IN THE NAVY The treaties will be stated. tion is agreed to. The following named officer for appoint- The senior assistant legislative clerk The resolution of ratification is as ment in the United States Navy to the grade read as follows: follows: indicated while assigned to a position of im- Treaty document No. 114–11, Treaty with Resolved, (two-thirds of the Senators present portance and responsibility under title 10, Kazakhstan on Mutual Legal Assistance in concurring therein), U.S.C., section 601: Criminal Matters. Section 1. Senate Advice and Consent Sub- To be vice admiral Treaty document No. 114–3, Treaty with ject to a Declaration. Rear Adm. Charles A. Richard Algeria on Mutual Legal Assistance in The Senate advises and consents to the The following named officer for appoint- Criminal Matters. ratification of the Treaty Between the Gov- ment in the United States Navy to the grade Treaty document No. 114–4, Treaty with ernment of the United States of America and indicated while assigned to a position of im- Jordan on Mutual Legal Assistance in Crimi- the Government of the Hashemite Kingdom portance and responsibility under title 10, nal Matters. of Jordan on Mutual Legal Assistance in U.S.C., section 601: Criminal Matters, signed at Washington on Mrs. CAPITO. Mr. President, I ask To be vice admiral for a division vote on the resolutions of October 1, 2013 (Treaty Doc. 114–4), subject to the declaration of section 2. Rear Adm. Philip G. Howe ratification en bloc. Sec. 2. Declaration. IN THE AIR FORCE The PRESIDING OFFICER. A divi- The advice and consent of the Senate The following named officer for appoint- sion vote has been requested. under section 1 is subject to the following ment in the United States Air Force to the On treaty document No. 114–11, Sen- declaration: The Treaty is self-executing. grade indicated under title 10, U.S.C., section ators in favor of the resolution of rati- f 624: fication will rise and stand until count- EXECUTIVE CALENDAR To be brigadier general ed. Col. Charles L. Plummer Those opposed will rise and stand Mrs. CAPITO. Mr. President, I ask unanimous consent that the Senate The following named officer for appoint- until counted. ment in the United States Air Force to the On a division vote, two-thirds of the proceed to the consideration of Cal- grade indicated while assigned to a position Senators present having voted in the endar Nos. 700 through 715 and all of importance and responsibility under title affirmative, the resolution of ratifica- nominations on the Secretary’s desk; 10, U.S.C., section 601: tion is agreed to. that the nominations be confirmed en To be lieutenant general The resolution of ratification is as bloc; that the motions to reconsider be Lt. Gen. Samuel A. Greaves follows: considered made and laid upon the The following named officer for appoint- Resolved, (two-thirds of the Senators present table with no intervening action or de- ment in the United States Air Force to the concurring therein), bate; that no further motions be in grade indicated while assigned to a position Section 1. Senate Advice and Consent Sub- order; that any statements related to of importance and responsibility under title ject to a Declaration. the nominations be printed in the 10, U.S.C., section 601: The Senate advises and consents to the RECORD; that the President be imme- To be lieutenant general ratification of the Treaty Between the diately notified of the Senate’s action, Maj. Gen. Mark D. Kelly United States of America and the Republic and the Senate then resume legislative of Kazakhstan on Mutual Legal Assistance IN THE ARMY in Criminal Matters, signed at Washington session. The following Army National Guard of the on February 20, 2015 (Treaty Doc. 114–11), The PRESIDING OFFICER. Without United States officer for appointment in the subject to the declaration of section 2. objection, it is so ordered. Reserve of the Army to the grade indicated Sec. 2. Declaration. The nominations considered and con- under title 10, U.S.C., sections 12203 and The advice and consent of the Senate firmed en bloc are as follows: 12211: under section 1 is subject to the following IN THE AIR FORCE To be brigadier general declaration: The Treaty is self-executing. The following named officer for appoint- Col. Joseph F. Jarrard The PRESIDING OFFICER. On trea- ment in the United States Air Force to the The following officer for appointment in ty document No. 114–3, Senators in grade indicated while assigned to a position the Reserve of the Army to the grade indi- favor of the resolution of ratification of importance and responsibility under title cated under title 10, U.S.C., sections 12203 will rise and stand until counted. 10, U.S.C., section 601: and 12211: Those opposed will rise and stand To be lieutenant general To be brigadier general until counted. Lt. Gen. Timothy M. Ray Col. Laurel J. Hummel On a division vote, two-thirds of the The following named officer for appoint- The following named officer for appoint- Senators present having voted in the ment in the United States Air Force to the ment in the United States Army to the grade affirmative, the resolution of ratifica- grade indicated while assigned to a position indicated while assigned to a position of im- tion is agreed to. of importance and responsibility under title portance and responsibility under title 10, The resolution of ratification is as 10, U.S.C., section 601: U.S.C., section 601: follows: To be lieutenant general To be general Resolved, (two-thirds of the Senators present Lt. Gen. Mark C. Nowland Lt. Gen. Gustave F. Perna concurring therein), The following named officer for appoint- The following named officer for appoint- Section 1. Senate Advice and Consent Sub- ment in the United States Air Force to the ment as the Vice Chief of the National Guard ject to a Declaration. grade indicated while assigned to a position Bureau and for appointment to the grade in- The Senate advises and consents to the of importance and responsibility under title dicated in the Reserve of the Army under ratification of the Treaty Between the Gov- 10 U.S.C., section 601: title 10, U.S.C., sections 10505 and 601: ernment of the United States of America and To be lieutenant general To be lieutenant general the Government of the People’s Republic of Maj. Gen. Jerry P. Martinez Lt. Gen. Daniel R. Hokanson Algeria on Mutual Legal Assistance in Criminal Matters, signed at Washington on IN THE ARMY IN THE NAVY April 7, 2010 (Treaty Doc. 114–3), subject to The following named officer for appoint- The following named officer for appoint- the declaration of section 2. ment in the United States Army to the grade ment in the United States Navy to the grade Sec. 2. Declaration. indicated while assigned to a position of im- indicated while assigned to a position of im- The advice and consent of the Senate portance and responsibility under title 10, portance and responsibility under title 10, under section 1 is subject to the following U.S.C., section 601: U.S.C., section 601: declaration: The Treaty is self-executing. To be lieutenant general To be vice admiral The PRESIDING OFFICER. On trea- Maj. Gen. Paul M. Nakasone Vice Adm. James G. Foggo, III ty document No. 114–4, Senators in The following named officer for appoint- IN THE AIR FORCE favor of the resolution of ratification ment in the United States Army to the grade The following named officer for appoint- will rise and stand until counted. indicated while assigned to a position of im- ment in the United States Air Force to the

VerDate Sep 11 2014 05:13 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00137 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.077 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5866 CONGRESSIONAL RECORD — SENATE September 15, 2016 grade indicated while assigned to a position WILLIAM A. SOCRATES, which nomina- the Congressional Record of September 6, of importance and responsibility under title tions were received by the Senate and ap- 2016. 10, U.S.C., section 601: peared in the Congressional Record of July PN1687 ARMY nominations (7) beginning To be general 14, 2016. DERRON A. ALVES, and ending CHAD A. PN1653 ARMY nomination of Paul V. WEDDELL, which nominations were re- Lt. Gen. John W. Raymond Rahm, which was received by the Senate and ceived by the Senate and appeared in the NOMINATIONS PLACED ON THE SECRETARY’S appeared in the Congressional Record of July Congressional Record of September 6, 2016. DESK 14, 2016. PN1688 ARMY nomination of Chantil A. IN THE AIR FORCE PN1654 ARMY nominations (5) beginning Alexander, which was received by the Senate PN1552 AIR FORCE nominations (1186) be- MICHAEL A. DEAN, and ending MARK O. and appeared in the Congressional Record of ginning NATHAN J. ABEL, and ending BAI WORLEY, which nominations were received September 6, 2016. LAN ZHU, which nominations were received by the Senate and appeared in the Congres- PN1690 ARMY nomination of Yevgeny S. by the Senate and appeared in the Congres- sional Record of July 14, 2016. Vindman, which was received by the Senate sional Record of June 16, 2016. PN1655 ARMY nominations (36) beginning and appeared in the Congressional Record of PN1555 AIR FORCE nominations (49) begin- JONNIE L. BAILEY, and ending ILONA L. September 6, 2016. ning EBON S. ALLEY, and ending KENDRA WRIGHT, which nominations were received PN1691 ARMY nomination of David G. Ott, S. ZBIR, which nominations were received by the Senate and appeared in the Congres- which was received by the Senate and ap- by the Senate and appeared in the Congres- sional Record of July 14, 2016. peared in the Congressional Record of Sep- sional Record of June 16, 2016. PN1656 ARMY nominations (11) beginning tember 6, 2016. PN1556 AIR FORCE nominations (153) be- GORDON B. CHIU, and ending PAUL A. PN1693 ARMY nomination of Geoffrey J. ginning OLUJIMISOLA M. ADELANI, and VIATOR, which nominations were received Cole, which was received by the Senate and ending KELLIE J. ZENTZ, which nomina- by the Senate and appeared in the Congres- appeared in the Congressional Record of Sep- tions were received by the Senate and ap- sional Record of July 14, 2016. tember 6, 2016. peared in the Congressional Record of June PN1657 ARMY nominations (47) beginning PN1694 ARMY nomination of Jeffrey D. 16, 2016. SCOTT B. ARMEN, and ending JON S. McCoy, which was received by the Senate PN1630 AIR FORCE nominations (129) be- YAMAGUCHI, which nominations were re- and appeared in the Congressional Record of ginning STEVEN S. ALEXANDER, and end- ceived by the Senate and appeared in the September 6, 2016. ing STACEY SCOTT ZDANAVAGE, which Congressional Record of July 14, 2016. PN1695 ARMY nominations (74) beginning nominations were received by the Senate and PN1658 ARMY nominations (13) beginning JOSEPH T. ALWAN, and ending NICHOLAS appeared in the Congressional Record of July THAD J. COLLARD, and ending MICHAEL D. WILSON, which nominations were re- 13, 2016. L. YOST, which nominations were received ceived by the Senate and appeared in the PN1674 AIR FORCE nomination of Rebecca by the Senate and appeared in the Congres- Congressional Record of September 6, 2016. L. Powers, which was received by the Senate sional Record of July 14, 2016. PN1696 ARMY nominations (300) beginning and appeared in the Congressional Record of PN1659 ARMY nominations (2) beginning DUSTIN M. ALBERT, and ending JENNIFER September 6, 2016. ANN M.B. HALL, and ending DAVID W. E. ZUCCARELLI, which nominations were PN1675 AIR FORCE nomination of William ROSE, which nominations were received by received by the Senate and appeared in the L. White, which was received by the Senate the Senate and appeared in the Congres- Congressional Record of September 6, 2016. and appeared in the Congressional Record of sional Record of July 14, 2016. PN1697 ARMY nominations (36) beginning September 6, 2016. PN1660 ARMY nominations (2) beginning BUSTER D. AKERS, JR., and ending MI- PN1676 AIR FORCE nomination of An- GARRY E. ONEAL, and ending CHAEL T. ZELL, which nominations were thony B. Mulhare, which was received by the CRISTOPHER A. YOUNG, which nomina- received by the Senate and appeared in the Senate and appeared in the Congressional tions were received by the Senate and ap- Congressional Record of September 6, 2016. PN1698 ARMY nomination of Richard L. Record of September 6, 2016. peared in the Congressional Record of July Weaver, which was received by the Senate PN1677 AIR FORCE nominations (2) begin- 14, 2016. ning ROBERT M. CLONTZ, II, and ending PN1678 ARMY nominations (104) beginning and appeared in the Congressional Record of REBECCA K. KEMMET, which nominations FREDDY L. ADAMS, II, and ending D012362, September 6, 2016. PN1710 ARMY nomination of Gail E. S. were received by the Senate and appeared in which nominations were received by the Sen- Yoshitani, which was received by the Senate the Congressional Record of September 6, ate and appeared in the Congressional and appeared in the Congressional Record of 2016. Record of September 6, 2016. September 8, 2016. PN1707 AIR FORCE nomination of Paul K. PN1679 ARMY nominations (147) beginning PN1714 ARMY nomination of Richard A. Clark, which was received by the Senate and ALISSA R. ACKLEY, and ending D003185, Dorchak, Jr., which was received by the Sen- appeared in the Congressional Record of Sep- which nominations were received by the Sen- ate and appeared in the Congressional tember 8, 2016. ate and appeared in the Congressional Record of September 8, 2016. PN1709 AIR FORCE nomination of An- Record of September 6, 2016. thony S. Robbins, which was received by the PN1715 ARMY nomination of Aristidis PN1680 ARMY nominations (190) beginning Katerelos, which was received by the Senate Senate and appeared in the Congressional GEOFFREY R. ADAMS, and ending D005579, Record of September 8, 2016. and appeared in the Congressional Record of which nominations were received by the Sen- September 8, 2016. IN THE ARMY ate and appeared in the Congressional PN1716 ARMY nomination of Scott C. PN1631 ARMY nomination of Andrell J. Record of September 6, 2016. Moran, which was received by the Senate Hardy, which was received by the Senate and PN1681 ARMY nominations (27) beginning and appeared in the Congressional Record of appeared in the Congressional Record of July BRIAN BICKEL, and ending MELISSA F. September 8, 2016. 13, 2016. TUCKER, which nominations were received PN1717 ARMY nomination of Mona M. PN1632 ARMY nomination of Hector I. by the Senate and appeared in the Congres- McFadden, which was received by the Senate Martinezpineiro, which was received by the sional Record of September 6, 2016. and appeared in the Congressional Record of Senate and appeared in the Congressional PN1682 ARMY nominations (164) beginning September 8, 2016. Record of July 13, 2016. KYLE D. AEMISEGGER, and ending SARAH PN1718 ARMY nominations (11) beginning PN1648 ARMY nominations (3) beginning M. ZATE, which nominations were received NICOLE N. CLARK, and ending SUSAN R. CHATTIE N. LEVY, and ending LISA G. by the Senate and appeared in the Congres- SINGALEWITCH, which nominations were WILSON, which nominations were received sional Record of September 6, 2016. received by the Senate and appeared in the by the Senate and appeared in the Congres- PN1683 ARMY nomination of John E. Congressional Record of September 8, 2016. sional Record of July 14, 2016. Shemanski, which was received by the Sen- PN1719 ARMY nomination of Clayton T. PN1649 ARMY nominations (6) beginning ate and appeared in the Congressional Herriford, which was received by the Senate ARTHUR J. BILENKER, and ending INEZ E. Record of September 6, 2016. and appeared in the Congressional Record of WRIGHT, which nominations were received PN1684 ARMY nominations (21) beginning September 8, 2016. by the Senate and appeared in the Congres- CHRISTOPHER D. BAYSA, and ending PN1720 ARMY nominations (18) beginning sional Record of July 14, 2016. SARAH A. WILLIAMS BROWN, which nomi- JAMES R. BOULWARE, and ending MAT- PN1650 ARMY nominations (14) beginning nations were received by the Senate and ap- THEW S. WYSOCKI, which nominations JOHN J. BRADY, and ending ELIZABETH A. peared in the Congressional Record of Sep- were received by the Senate and appeared in WERNS, which nominations were received tember 6, 2016. the Congressional Record of September 8, by the Senate and appeared in the Congres- PN1685 ARMY nominations (34) beginning 2016. sional Record of July 14, 2016. ADRIENNE B. ARI, and ending CHARLES D. PN1721 ARMY nomination of David E. Fos- PN1651 ARMY nominations (11) beginning ZIMMERMAN, JR., which nominations were ter, which was received by the Senate and RICHARD J. BUTALLA, and ending MARK received by the Senate and appeared in the appeared in the Congressional Record of Sep- B. YOUNG, which nominations were received Congressional Record of September 6, 2016. tember 8, 2016. by the Senate and appeared in the Congres- PN1686 ARMY nominations (6) beginning PN1722 ARMY nomination of Justin J. sional Record of July 14, 2016. NORMAN W. GILL, III, and ending MI- Orton, which was received by the Senate and PN1652 ARMY nominations (9) beginning CHAEL A. ROBERTSON, which nominations appeared in the Congressional Record of Sep- CHRISTOPHER B. AASGAARD, and ending were received by the Senate and appeared in tember 8, 2016.

VerDate Sep 11 2014 05:13 Sep 16, 2016 Jkt 059060 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 E:\CR\FM\A15SE6.056 S15SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 15, 2016 CONGRESSIONAL RECORD — SENATE S5867 PN1723 ARMY nomination of Tina R. Hart- PN1729 NAVY nominations (119) beginning There being no objection, the Senate ley, which was received by the Senate and JULIE M. C. ANDERSON, and ending BRAD- proceeded to consider the bill, which appeared in the Congressional Record of Sep- LEY S. WELLS, which nominations were re- had been reported from the Committee tember 8, 2016. ceived by the Senate and appeared in the on Environment and Public Works with PN1724 ARMY nomination of Melaine A. Congressional Record of September 8, 2016. Williams, which was received by the Senate PN1730 NAVY nominations (53) beginning amendments, as follows: and appeared in the Congressional Record of BENJAMIN D. ADAMS, and ending MI- (The parts of the bill intended to be September 8, 2016. CHAEL F. WHITICAN, which nominations stricken are shown in boldface brack- PN1725 ARMY nomination of Anthony T. were received by the Senate and appeared in ets and the parts of the bill intended to Sampson, which was received by the Senate the Congressional Record of September 8, be inserted are shown in italic.) and appeared in the Congressional Record of 2016. S. 2754 September 8, 2016. PN1731 NAVY nominations (145) beginning Be it enacted by the Senate and House of Rep- IN THE NAVY STEPHEN K. AFFUL, and ending resentatives of the United States of America in PN1634 NAVY nominations (125) beginning ALESSANDRA E. ZIEGLER, which nomina- Congress assembled, tions were received by the Senate and ap- KENRIC T. ABAN, and ending ERIC H. SECTION 1. TOM STAGG øFEDERAL BUILDING peared in the Congressional Record of Sep- YEUNG, which nominations were received by AND UNITED STATES COURTHOUSE¿ the Senate and appeared in the Congres- tember 8, 2016. UNITED STATES COURT HOUSE. sional Record of July 13, 2016. PN1732 NAVY nominations (86) beginning (a) FINDINGS.—Congress finds that— PN1635 NAVY nominations (61) beginning SCOTT E. ADAMS, and ending CHARMAINE (1) the Honorable Thomas Eaton Stagg, BRENT N. ADAMS, and ending EMILY L. R. YAP, which nominations were received by Jr., served as judge of the United States Dis- ZYWICKE, which nominations were received the Senate and appeared in the Congres- trict Court for the Western District of Lou- by the Senate and appeared in the Congres- sional Record of September 8, 2016. isiana from 1974 until his death in 2015; sional Record of July 13, 2016. PN1733 NAVY nominations (35) beginning (2) Judge Stagg served as Chief Judge of PN1636 NAVY nominations (24) beginning RAYMOND B. ADKINS, and ending GALE B the United States District Court for the TERESITA ALSTON, and ending ERIN K. WHITE, which nominations were received by Western District of Louisiana from 1984 ZIZAK, which nominations were received by the Senate and appeared in the Congres- through 1992; the Senate and appeared in the Congres- sional Record of September 8, 2016. (3) Judge Stagg served as Senior Judge of sional Record of July 13, 2016. PN1734 NAVY nominations (55) beginning the United States District Court for the PN1637 NAVY nominations (29) beginning PAUL I. AHN, and ending SHANNON L. Western District of Louisiana from 1992 DYLAN T. BURCH, and ending LUKE A. WRIGHT, which nominations were received through 2015; WHITTEMORE, which nominations were re- by the Senate and appeared in the Congres- (4) Judge Stagg exemplified all that is re- ceived by the Senate and appeared in the sional Record of September 8, 2016. spectable and dignified in the judiciary and Congressional Record of July 13, 2016. PN1735 NAVY nominations (2) beginning was a mentor and role model for all attor- PN1638 NAVY nominations (65) beginning DENNIS L. LANG, JR., and ending neys within and beyond the Western District BROOKE M. BASFORD, and ending YASMIRA LEFFAKIS, which nominations of Louisiana; and MALISSA D. WICKERSHAM, which nomina- were received by the Senate and appeared in (5) the naming of the Federal building and tions were received by the Senate and ap- the Congressional Record of September 8, United States courthouse located at 300 peared in the Congressional Record of July 2016. Fannin Street in Shreveport, Louisiana, 13, 2016. PN1736 NAVY nomination of Karen J. after Judge Stagg would honor his name and PN1639 NAVY nominations (53) beginning Sankesritland, which was received by the the legacy he left to all citizens of the West- RYAN P. ANDERSON, and ending SCOTT A. Senate and appeared in the Congressional ern District of Louisiana. WILSON, which nominations were received Record of September 8, 2016. (b) DESIGNATION.—The Federal building by the Senate and appeared in the Congres- PN1737 NAVY nominations (3) beginning and United States courthouse located at 300 sional Record of July 13, 2016. MARK F. BIBEAU, and ending JASON A. Fannin Street in Shreveport, Louisiana, PN1640 NAVY nominations (31) beginning LAURION, which nominations were received shall be known and designated as the ‘‘Tom JENNIFER D. BOWDEN, and ending ROB- by the Senate and appeared in the Congres- Stagg øFederal Building and United States ERT B. WILLS which nominations were re- sional Record of September 8, 2016. Courthouse¿ United States Court House’’. ceived by the Senate and appeared in the PN1738 NAVY nomination of Randall L. (c) REFERENCES.—Any reference in a law, Congressional Record of July 13, 2016. McAtee, which was received by the Senate map, regulation, document, paper, or other PN1641 NAVY nominations (36) beginning and appeared in the Congressional Record of record of the United States to the Federal BRADLEY M. BAER, and ending GREGORY September 8, 2016. building and United States courthouse re- J. WOODS, which nominations were received PN1739 NAVY nomination of John F. ferred to in subsection (b) shall be deemed to by the Senate and appeared in the Congres- Capacchione, which was received by the Sen- be a reference to the ‘‘Tom Stagg øFederal sional Record of July 13, 2016. ate and appeared in the Congressional Building and United States Courthouse¿ PN1699 NAVY nomination of Richard M. Record of September 8, 2016. United States Court House’’. Camarena, which was received by the Senate PN1740 NAVY nomination of Stuart T. Mrs. CAPITO. Mr. President, I ask and appeared in the Congressional Record of Kirkby, which was received by the Senate unanimous consent that the com- September 6, 2016. and appeared in the Congressional Record of September 8, 2016. mittee-reported amendments be agreed PN1701 NAVY nominations (39) beginning to, the bill, as amended, be read a third JULIO A. ALARCON, and ending JODI M. PN1741 NAVY nomination of Carrie M. WILLIAMS, which nominations were re- Mercier,which was received by the Senate time and passed, and the motion to re- ceived by the Senate and appeared in the and appeared in the Congressional Record of consider be considered made and laid Congressional Record of September 6, 2016. September 8, 2016. upon the table. PN1702 NAVY nominations (3) beginning f The PRESIDING OFFICER. Without ROLANDA A. FINDLAY, and ending DAPH- objection, it is so ordered. NE P. MORRISONPONCE, which nomina- LEGISLATIVE SESSION The committee-reported amendments tions were received by the Senate and ap- The PRESIDING OFFICER. The Sen- were agreed to. peared in the Congressional Record of Sep- ate will now resume legislative session. The bill (S. 2754), as amended, was or- tember 6, 2016. f dered to be engrossed for a third read- PN1703 NAVY nomination of Russell A. ing, was read the third time, and Maynard, which was received by the Senate TOM STAGG FEDERAL BUILDING passed, as follows: and appeared in the Congressional Record of AND UNITED STATES COURT- S. 2754 September 6, 2016. HOUSE PN1726 NAVY nomination of William J. Be it enacted by the Senate and House of Rep- Kaiser, which was received by the Senate Mrs. CAPITO. Mr. President, I ask resentatives of the United States of America in and appeared in the Congressional Record of unanimous consent that the Senate Congress assembled, September 8, 2016. proceed to the immediate consider- SECTION 1. TOM STAGG UNITED STATES COURT PN1727 NAVY nominations (246) beginning ation of Calendar No. 471, S. 2754. HOUSE. NICOLE A. AGUIRRE, and ending AMY F. The PRESIDING OFFICER. The (a) FINDINGS.—Congress finds that— ZUCHARO, which nominations were received (1) the Honorable Thomas Eaton Stagg, by the Senate and appeared in the Congres- clerk will report the bill by title. Jr., served as judge of the United States Dis- sional Record of September 8, 2016. The legislative clerk read as follows: trict Court for the Western District of Lou- PN1728 NAVY nominations (81) beginning A bill (S. 2754) to designate the Federal isiana from 1974 until his death in 2015; ALICE A. T. ALCORN, and ending MALKA building and United States courthouse lo- (2) Judge Stagg served as Chief Judge of ZLPPERSTEIN, which nominations were re- cated at 300 Fannin Street in Shreveport, the United States District Court for the ceived by the Senate and appeared in the Louisiana, as the ‘‘Tom Stagg Federal Build- Western District of Louisiana from 1984 Congressional Record of September 8, 2016. ing and United States Courthouse.’’ through 1992;

VerDate Sep 11 2014 00:13 Nov 18, 2016 Jkt 049060 PO 00000 Frm 00139 Fmt 4624 Sfmt 0634 E:\RECORD16\SEP2016\S15SE6.REC S15SE6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5868 CONGRESSIONAL RECORD — SENATE September 15, 2016 (3) Judge Stagg served as Senior Judge of agreed to, and the motions to recon- To be lieutenant general the United States District Court for the sider be laid upon the table en bloc. LT. GEN. TIMOTHY M. RAY Western District of Louisiana from 1992 The PRESIDING OFFICER. Without THE FOLLOWING NAMED OFFICER FOR APPOINTMENT through 2015; objection, it is so ordered. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- (4) Judge Stagg exemplified all that is re- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE spectable and dignified in the judiciary and The resolutions were agreed to. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION The preambles were agreed to. 601: was a mentor and role model for all attor- To be lieutenant general neys within and beyond the Western District (The resolutions, with their pre- of Louisiana; and ambles, are printed in today’s RECORD LT. GEN. MARK C. NOWLAND (5) the naming of the Federal building and THE FOLLOWING NAMED OFFICER FOR APPOINTMENT under ‘‘Submitted Resolutions.’’) IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- United States courthouse located at 300 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE Fannin Street in Shreveport, Louisiana, f AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: after Judge Stagg would honor his name and MEASURE READ THE FIRST To be lieutenant general the legacy he left to all citizens of the West- TIME—S. 3348 ern District of Louisiana. MAJ. GEN. JERRY P. MARTINEZ (b) DESIGNATION.—The Federal building Mrs. CAPITO. Mr. President, I under- IN THE ARMY and United States courthouse located at 300 stand that S. 3348, introduced earlier THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Fannin Street in Shreveport, Louisiana, today by Senator WYDEN, is at the IN THE UNITED STATES ARMY TO THE GRADE INDICATED shall be known and designated as the ‘‘Tom desk, and I ask for its first reading. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Stagg United States Court House’’. The PRESIDING OFFICER. The (c) REFERENCES.—Any reference in a law, To be lieutenant general map, regulation, document, paper, or other clerk will read the bill by title for the first time. MAJ. GEN. PAUL M. NAKASONE record of the United States to the Federal THE FOLLOWING NAMED OFFICER FOR APPOINTMENT building and United States courthouse re- The legislative clerk read as follows: IN THE UNITED STATES ARMY TO THE GRADE INDICATED ferred to in subsection (b) shall be deemed to WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND A bill (S. 3348) to amend the Federal Elec- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: be a reference to the ‘‘Tom Stagg United tion Campaign Act of 1971 to require can- To be lieutenant general States Court House’’. didates of major parties for the office of MAJ. GEN. AUNDRE F. PIGGEE f President to disclose recent tax return infor- mation. IN THE NAVY NATIONAL HISPANIC-SERVING Mrs. CAPITO. Mr. President, I now THE FOLLOWING NAMED OFFICER FOR APPOINTMENT INSTITUTIONS WEEK IN THE UNITED STATES NAVY TO THE GRADE INDICATED ask for its second reading and object to WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND Mrs. CAPITO. Mr. President, I ask my own request. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: unanimous consent that the Senate The PRESIDING OFFICER. Objec- To be vice admiral proceed to the immediate consider- tion is heard. REAR ADM. CHARLES A. RICHARD ation of S. Res. 565, submitted earlier The bill will be read for the second THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED today. time on the next legislative day. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: The PRESIDING OFFICER. The f clerk will report the resolution by To be vice admiral title. ORDERS FOR MONDAY, REAR ADM. PHILIP G. HOWE The legislative clerk read as follows: SEPTEMBER 19, 2016 IN THE AIR FORCE A resolution (S. Res. 565) designating the Mrs. CAPITO. Mr. President, I ask THE FOLLOWING NAMED OFFICER FOR APPOINTMENT week beginning September 12, 2016, as ‘‘Na- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- unanimous consent that when the Sen- CATED UNDER TITLE 10, U.S.C., SECTION 624: tional Hispanic-Serving Institutions Week.’’ ate completes its business today, it ad- To be brigadier general There being no objection, the Senate journ until 3 p.m., Monday, September proceeded to consider the resolution. 19; that following the prayer and COL. CHARLES L. PLUMMER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Mrs. CAPITO. Mr. President, I know pledge, the morning hour be deemed IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- of no further debate on the resolution. expired, the Journal of proceedings be CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION The PRESIDING OFFICER. If there approved to date, and the time for the 601: is no further debate, the question is on two leaders be reserved for their use To be lieutenant general agreeing to the resolution. later in the day; further, that following LT. GEN. SAMUEL A. GREAVES The resolution (S. Res. 565) was leader remarks, the Senate resume THE FOLLOWING NAMED OFFICER FOR APPOINTMENT agreed to. consideration of the motion to proceed IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE Mrs. CAPITO. Mr. President, I ask to H.R. 5325. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION unanimous consent that the preamble The PRESIDING OFFICER. Without 601: be agreed to and the motions to recon- objection, it is so ordered. To be lieutenant general MAJ. GEN. MARK D. KELLY sider be considered made and laid upon f the table with no intervening action or IN THE ARMY debate. ADJOURNMENT UNTIL MONDAY, THE FOLLOWING ARMY NATIONAL GUARD OF THE The PRESIDING OFFICER. Without SEPTEMBER 19, 2016, AT 3 P.M. UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- SERVE OF THE ARMY TO THE GRADE INDICATED UNDER objection, it is so ordered. Mrs. CAPITO. Mr. President, if there TITLE 10, U.S.C., SECTIONS 12203 AND 12211: The preamble was agreed to. is no further business to come before To be brigadier general (The resolution, with its preamble, is the Senate, I ask unanimous consent COL. JOSEPH F. JARRARD printed in today’s RECORD under ‘‘Sub- that it stand adjourned under the pre- THE FOLLOWING OFFICER FOR APPOINTMENT IN THE mitted Resolutions.’’) RESERVE OF THE ARMY TO THE GRADE INDICATED vious order. UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: f There being no objection, the Senate, To be brigadier general at 6:28 p.m., adjourned until Monday, RESOLUTIONS SUBMITTED TODAY COL. LAUREL J. HUMMEL September 19, 2016, at 3 p.m. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Mrs. CAPITO. Mr. President, I ask IN THE UNITED STATES ARMY TO THE GRADE INDICATED f WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND unanimous consent that the Senate RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CONFIRMATIONS now proceed to the en bloc consider- To be general ation of the following Senate resolu- Executive nominations confirmed by tions, which were submitted earlier LT. GEN. GUSTAVE F. PERNA the Senate September 15, 2016: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT today: S. Res. 566, S. Res. 567, S. Res. DEPARTMENT OF DEFENSE AS THE VICE CHIEF OF THE NATIONAL GUARD BUREAU 568, and S. Res. 569. AND FOR APPOINTMENT TO THE GRADE INDICATED IN SUSAN S. GIBSON, OF VIRGINIA, TO BE INSPECTOR GEN- THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., There being no objection, the Senate ERAL OF THE NATIONAL RECONNAISSANCE OFFICE. SECTIONS 10505 AND 601: proceeded to consider the resolutions IN THE AIR FORCE To be lieutenant general en bloc. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LT. GEN. DANIEL R. HOKANSON Mrs. CAPITO. Mr. President, I ask IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE NAVY unanimous consent that the resolu- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT tions be agreed to, the preambles be 601: IN THE UNITED STATES NAVY TO THE GRADE INDICATED

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WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ARMY NOMINATIONS BEGINNING WITH GARRY E. NAVY NOMINATIONS BEGINNING WITH BRENT N. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ONEAL AND ENDING WITH CRISTOPHER A. YOUNG, WHICH ADAMS AND ENDING WITH EMILY L. ZYWICKE, WHICH To be vice admiral NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON JULY 14, PEARED IN THE CONGRESSIONAL RECORD ON JULY 13, VICE ADM. JAMES G. FOGGO III 2016. 2016. ARMY NOMINATIONS BEGINNING WITH FREDDY L. NAVY NOMINATIONS BEGINNING WITH TERESITA AL- IN THE AIR FORCE ADAMS II AND ENDING WITH D012362, WHICH NOMINA- STON AND ENDING WITH ERIN K. ZIZAK, WHICH NOMINA- TIONS WERE RECEIVED BY THE SENATE AND APPEARED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON SEPTEMBER 6, 2016. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE CONGRESSIONAL RECORD ON JULY 13, 2016. ARMY NOMINATIONS BEGINNING WITH ALISSA R. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE NAVY NOMINATIONS BEGINNING WITH DYLAN T. BURCH ACKLEY AND ENDING WITH D003185, WHICH NOMINATIONS AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION AND ENDING WITH LUKE A. WHITTEMORE, WHICH NOMI- WERE RECEIVED BY THE SENATE AND APPEARED IN THE 601: NATIONS WERE RECEIVED BY THE SENATE AND AP- CONGRESSIONAL RECORD ON SEPTEMBER 6, 2016. To be general ARMY NOMINATIONS BEGINNING WITH GEOFFREY R. PEARED IN THE CONGRESSIONAL RECORD ON JULY 13, ADAMS AND ENDING WITH D005579, WHICH NOMINATIONS 2016. LT. GEN. JOHN W. RAYMOND WERE RECEIVED BY THE SENATE AND APPEARED IN THE NAVY NOMINATIONS BEGINNING WITH BROOKE M. AIR FORCE NOMINATIONS BEGINNING WITH NATHAN J. CONGRESSIONAL RECORD ON SEPTEMBER 6, 2016. BASFORD AND ENDING WITH MALISSA D. WICKERSHAM, ABEL AND ENDING WITH BAI LAN ZHU, WHICH NOMINA- ARMY NOMINATIONS BEGINNING WITH BRIAN BICKEL WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TIONS WERE RECEIVED BY THE SENATE AND APPEARED AND ENDING WITH MELISSA F. TUCKER, WHICH NOMINA- AND APPEARED IN THE CONGRESSIONAL RECORD ON IN THE CONGRESSIONAL RECORD ON JUNE 16, 2016. TIONS WERE RECEIVED BY THE SENATE AND APPEARED JULY 13, 2016. AIR FORCE NOMINATIONS BEGINNING WITH EBON S. IN THE CONGRESSIONAL RECORD ON SEPTEMBER 6, 2016. NAVY NOMINATIONS BEGINNING WITH RYAN P. ANDER- ALLEY AND ENDING WITH KENDRA S. ZBIR, WHICH NOMI- ARMY NOMINATIONS BEGINNING WITH KYLE D. SON AND ENDING WITH SCOTT A. WILSON, WHICH NOMI- NATIONS WERE RECEIVED BY THE SENATE AND AP- AEMISEGGER AND ENDING WITH SARAH M. ZATE, WHICH NATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON JUNE 16, NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON JULY 13, 2016. PEARED IN THE CONGRESSIONAL RECORD ON SEP- 2016. AIR FORCE NOMINATIONS BEGINNING WITH TEMBER 6, 2016. NAVY NOMINATIONS BEGINNING WITH JENNIFER D. OLUJIMISOLA M. ADELANI AND ENDING WITH KELLIE J. ARMY NOMINATION OF JOHN E. SHEMANSKI, TO BE BOWDEN AND ENDING WITH ROBERT B. WILLS, WHICH ZENTZ, WHICH NOMINATIONS WERE RECEIVED BY THE MAJOR. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- SENATE AND APPEARED IN THE CONGRESSIONAL ARMY NOMINATIONS BEGINNING WITH CHRISTOPHER PEARED IN THE CONGRESSIONAL RECORD ON JULY 13, D. BAYSA AND ENDING WITH SARAH A. WILLIAMS RECORD ON JUNE 16, 2016. 2016. AIR FORCE NOMINATIONS BEGINNING WITH STEVEN S. BROWN, WHICH NOMINATIONS WERE RECEIVED BY THE NAVY NOMINATIONS BEGINNING WITH BRADLEY M. ALEXANDER AND ENDING WITH STACEY SCOTT SENATE AND APPEARED IN THE CONGRESSIONAL BAER AND ENDING WITH GREGORY J. WOODS, WHICH ZDANAVAGE, WHICH NOMINATIONS WERE RECEIVED BY RECORD ON SEPTEMBER 6, 2016. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- THE SENATE AND APPEARED IN THE CONGRESSIONAL ARMY NOMINATIONS BEGINNING WITH ADRIENNE B. RECORD ON JULY 13, 2016. ARI AND ENDING WITH CHARLES D. ZIMMERMAN, JR., PEARED IN THE CONGRESSIONAL RECORD ON JULY 13, AIR FORCE NOMINATION OF REBECCA L. POWERS, TO WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 2016. BE MAJOR. AND APPEARED IN THE CONGRESSIONAL RECORD ON NAVY NOMINATION OF RICHARD M. CAMARENA, TO BE AIR FORCE NOMINATION OF WILLIAM L. WHITE, TO BE SEPTEMBER 6, 2016. COMMANDER. MAJOR. ARMY NOMINATIONS BEGINNING WITH NORMAN W. NAVY NOMINATIONS BEGINNING WITH JULIO A. AIR FORCE NOMINATION OF ANTHONY B. MULHARE, TO GILL III AND ENDING WITH MICHAEL A. ROBERTSON, ALARCON AND ENDING WITH JODI M. WILLIAMS, WHICH BE COLONEL. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AIR FORCE NOMINATIONS BEGINNING WITH ROBERT M. AND APPEARED IN THE CONGRESSIONAL RECORD ON PEARED IN THE CONGRESSIONAL RECORD ON SEP- CLONTZ II AND ENDING WITH REBECCA K. KEMMET, SEPTEMBER 6, 2016. TEMBER 6, 2016. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARMY NOMINATIONS BEGINNING WITH DERRON A. NAVY NOMINATIONS BEGINNING WITH ROLANDA A. AND APPEARED IN THE CONGRESSIONAL RECORD ON ALVES AND ENDING WITH CHAD A. WEDDELL, WHICH FINDLAY AND ENDING WITH DAPHNE P. SEPTEMBER 6, 2016. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MORRISONPONCE, WHICH NOMINATIONS WERE RECEIVED AIR FORCE NOMINATION OF PAUL K. CLARK, TO BE PEARED IN THE CONGRESSIONAL RECORD ON SEP- BY THE SENATE AND APPEARED IN THE CONGRESSIONAL MAJOR. TEMBER 6, 2016. RECORD ON SEPTEMBER 6, 2016. AIR FORCE NOMINATION OF ANTHONY S. ROBBINS, TO ARMY NOMINATION OF CHANTIL A. ALEXANDER, TO BE NAVY NOMINATION OF RUSSELL A. MAYNARD, TO BE BE LIEUTENANT COLONEL. MAJOR. CAPTAIN. ARMY NOMINATION OF YEVGENY S. VINDMAN, TO BE NAVY NOMINATION OF WILLIAM J. KAISER, TO BE CAP- IN THE ARMY LIEUTENANT COLONEL. TAIN. ARMY NOMINATION OF DAVID G. OTT, TO BE COLONEL. ARMY NOMINATION OF ANDRELL J. HARDY, TO BE NAVY NOMINATIONS BEGINNING WITH NICOLE A. ARMY NOMINATION OF GEOFFREY J. COLE, TO BE LIEU- LIEUTENANT COLONEL. TENANT COLONEL. AGUIRRE AND ENDING WITH AMY F. ZUCHARO, WHICH ARMY NOMINATION OF HECTOR I. MARTINEZPINEIRO, ARMY NOMINATION OF JEFFREY D. MCCOY, TO BE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TO BE COLONEL. COLONEL. PEARED IN THE CONGRESSIONAL RECORD ON SEP- ARMY NOMINATIONS BEGINNING WITH CHATTIE N. ARMY NOMINATIONS BEGINNING WITH JOSEPH T. TEMBER 8, 2016. LEVY AND ENDING WITH LISA G. WILSON, WHICH NOMI- ALWAN AND ENDING WITH NICHOLAS D. WILSON, WHICH NAVY NOMINATIONS BEGINNING WITH ALICE A. T. NATIONS WERE RECEIVED BY THE SENATE AND AP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ALCORN AND ENDING WITH MALKA ZIPPERSTEIN, WHICH PEARED IN THE CONGRESSIONAL RECORD ON JULY 14, PEARED IN THE CONGRESSIONAL RECORD ON SEP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 2016. TEMBER 6, 2016. PEARED IN THE CONGRESSIONAL RECORD ON SEP- ARMY NOMINATIONS BEGINNING WITH ARTHUR J. ARMY NOMINATIONS BEGINNING WITH DUSTIN M. AL- TEMBER 8, 2016. BILENKER AND ENDING WITH INEZ E. WRIGHT, WHICH BERT AND ENDING WITH JENNIFER E. ZUCCARELLI, NAVY NOMINATIONS BEGINNING WITH JULIE M. C. AN- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE DERSON AND ENDING WITH BRADLEY S. WELLS, WHICH PEARED IN THE CONGRESSIONAL RECORD ON JULY 14, AND APPEARED IN THE CONGRESSIONAL RECORD ON NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 2016. SEPTEMBER 6, 2016. PEARED IN THE CONGRESSIONAL RECORD ON SEP- ARMY NOMINATIONS BEGINNING WITH JOHN J. BRADY ARMY NOMINATIONS BEGINNING WITH BUSTER D. TEMBER 8, 2016. AND ENDING WITH ELIZABETH A. WERNS, WHICH NOMI- AKERS, JR. AND ENDING WITH MICHAEL T. ZELL, WHICH NAVY NOMINATIONS BEGINNING WITH BENJAMIN D. NATIONS WERE RECEIVED BY THE SENATE AND AP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ADAMS AND ENDING WITH MICHAEL F. WHITICAN, WHICH PEARED IN THE CONGRESSIONAL RECORD ON JULY 14, PEARED IN THE CONGRESSIONAL RECORD ON SEP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 2016. TEMBER 6, 2016. PEARED IN THE CONGRESSIONAL RECORD ON SEP- ARMY NOMINATIONS BEGINNING WITH RICHARD J. ARMY NOMINATION OF RICHARD L. WEAVER, TO BE TEMBER 8, 2016. BUTALLA AND ENDING WITH MARK B. YOUNG, WHICH COLONEL. NAVY NOMINATIONS BEGINNING WITH STEPHEN K. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATION OF GAIL E. S. YOSHITANI, TO BE AFFUL AND ENDING WITH ALESSANDRA E. ZIEGLER, PEARED IN THE CONGRESSIONAL RECORD ON JULY 14, COLONEL. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 2016. ARMY NOMINATION OF RICHARD A. DORCHAK, JR., TO AND APPEARED IN THE CONGRESSIONAL RECORD ON ARMY NOMINATIONS BEGINNING WITH CHRISTOPHER BE LIEUTENANT COLONEL. SEPTEMBER 8, 2016. B. AASGAARD AND ENDING WITH WILLIAM A. SOCRATES, ARMY NOMINATION OF ARISTIDIS KATERELOS, TO BE NAVY NOMINATIONS BEGINNING WITH SCOTT E. ADAMS WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MAJOR. AND ENDING WITH CHARMAINE R. YAP, WHICH NOMINA- AND APPEARED IN THE CONGRESSIONAL RECORD ON ARMY NOMINATION OF SCOTT C. MORAN, TO BE COLO- TIONS WERE RECEIVED BY THE SENATE AND APPEARED JULY 14, 2016. NEL. IN THE CONGRESSIONAL RECORD ON SEPTEMBER 8, 2016. ARMY NOMINATION OF PAUL V. RAHM, TO BE COLONEL. ARMY NOMINATION OF MONA M. MCFADDEN, TO BE NAVY NOMINATIONS BEGINNING WITH RAYMOND B. ARMY NOMINATIONS BEGINNING WITH MICHAEL A. MAJOR. ADKINS AND ENDING WITH GALE B. WHITE, WHICH NOMI- DEAN AND ENDING WITH MARK O. WORLEY, WHICH NOMI- ARMY NOMINATIONS BEGINNING WITH NICOLE N. NATIONS WERE RECEIVED BY THE SENATE AND AP- CLARK AND ENDING WITH SUSAN R. SINGALEWITCH, NATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON JULY 14, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE PEARED IN THE CONGRESSIONAL RECORD ON SEP- 2016. AND APPEARED IN THE CONGRESSIONAL RECORD ON TEMBER 8, 2016. ARMY NOMINATIONS BEGINNING WITH JONNIE L. BAI- SEPTEMBER 8, 2016. NAVY NOMINATIONS BEGINNING WITH PAUL I. AHN LEY AND ENDING WITH ILONA L. WRIGHT, WHICH NOMI- ARMY NOMINATION OF CLAYTON T. HERRIFORD, TO BE AND ENDING WITH SHANNON L. WRIGHT, WHICH NOMINA- NATIONS WERE RECEIVED BY THE SENATE AND AP- MAJOR. TIONS WERE RECEIVED BY THE SENATE AND APPEARED PEARED IN THE CONGRESSIONAL RECORD ON JULY 14, ARMY NOMINATIONS BEGINNING WITH JAMES R. IN THE CONGRESSIONAL RECORD ON SEPTEMBER 8, 2016. 2016. BOULWARE AND ENDING WITH MATTHEW S. WYSOCKI, NAVY NOMINATIONS BEGINNING WITH DENNIS L. LANG, ARMY NOMINATIONS BEGINNING WITH GORDON B. CHIU WHICH NOMINATIONS WERE RECEIVED BY THE SENATE JR. AND ENDING WITH YASMIRA LEFFAKIS, WHICH NOMI- AND ENDING WITH PAUL A. VIATOR, WHICH NOMINA- AND APPEARED IN THE CONGRESSIONAL RECORD ON NATIONS WERE RECEIVED BY THE SENATE AND AP- TIONS WERE RECEIVED BY THE SENATE AND APPEARED SEPTEMBER 8, 2016. PEARED IN THE CONGRESSIONAL RECORD ON SEP- IN THE CONGRESSIONAL RECORD ON JULY 14, 2016. ARMY NOMINATION OF DAVID E. FOSTER, TO BE LIEU- TEMBER 8, 2016. ARMY NOMINATIONS BEGINNING WITH SCOTT B. TENANT COLONEL. NAVY NOMINATION OF KAREN J. SANKESRITLAND, TO ARMEN AND ENDING WITH JON S. YAMAGUCHI, WHICH ARMY NOMINATION OF JUSTIN J. ORTON, TO BE MAJOR. BE LIEUTENANT COMMANDER. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATION OF TINA R. HARTLEY, TO BE COLO- NAVY NOMINATIONS BEGINNING WITH MARK F. BIBEAU PEARED IN THE CONGRESSIONAL RECORD ON JULY 14, NEL. AND ENDING WITH JASON A. LAURION, WHICH NOMINA- 2016. ARMY NOMINATION OF MELAINE A. WILLIAMS, TO BE TIONS WERE RECEIVED BY THE SENATE AND APPEARED ARMY NOMINATIONS BEGINNING WITH THAD J. COL- COLONEL. IN THE CONGRESSIONAL RECORD ON SEPTEMBER 8, 2016. LARD AND ENDING WITH MICHAEL L. YOST, WHICH NOMI- ARMY NOMINATION OF ANTHONY T. SAMPSON, TO BE NAVY NOMINATION OF RANDALL L. MCATEE, TO BE NATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL. LIEUTENANT COMMANDER. PEARED IN THE CONGRESSIONAL RECORD ON JULY 14, IN THE NAVY NAVY NOMINATION OF JOHN F. CAPACCHIONE, TO BE 2016. CAPTAIN. ARMY NOMINATIONS BEGINNING WITH ANN M. B. HALL NAVY NOMINATIONS BEGINNING WITH KENRIC T. ABAN NAVY NOMINATION OF STUART T. KIRKBY, TO BE COM- AND ENDING WITH DAVID W. ROSE, WHICH NOMINATIONS AND ENDING WITH ERIC H. YEUNG, WHICH NOMINATIONS MANDER. WERE RECEIVED BY THE SENATE AND APPEARED IN THE WERE RECEIVED BY THE SENATE AND APPEARED IN THE NAVY NOMINATION OF CARRIE M. MERCIER, TO BE CONGRESSIONAL RECORD ON JULY 14, 2016. CONGRESSIONAL RECORD ON JULY 13, 2016. LIEUTENANT COMMANDER.

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