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

Vol. 162 WASHINGTON, MONDAY, SEPTEMBER 12, 2016 No. 137 Senate The Senate met at 3 p.m. and was Senator from the State of Oklahoma, to per- call with respect to the cloture motion called to order by the Honorable JAMES form the duties of the Chair. be waived. LANKFORD, a Senator from the State of ORRIN G. HATCH, The ACTING PRESIDENT pro tem- Oklahoma. President pro tempore. pore. Without objection, it is so or- Mr. LANKFORD thereupon assumed dered. f the Chair as Acting President pro tem- CONTINUING RESOLUTION pore. PRAYER Mr. MCCONNELL. Mr. President, f Members on both sides have been work- The Chaplain, Dr. Barry C. Black, of- ing toward an agreement to respon- fered the following prayer: RECOGNITION OF THE MAJORITY LEADER sibly fund the government. We have Let us pray. made a lot of important progress al- Almighty God, Ruler of all nations, The ACTING PRESIDENT pro tem- ready. I expect to move forward this show our lawmakers clearly what their pore. The majority leader is recog- week on a continuing resolution duty is and strengthen them to be nized. through December 9 at last year’s en- faithful in doing it. May they do even f acted levels that includes funds for the small duties in a way that will glo- LEGISLATIVE BRANCH APPRO- Zika control and our veterans. Talks rify You, transforming common tasks PRIATIONS ACT, 2017—MOTION TO are continuing and leaders from both into acts of worship. May they fear PROCEED parties will meet later this afternoon only to be disloyal to the highest and at the White House to discuss the Mr. MCCONNELL. Mr. President, I best they know, never betraying those progress and the path forward. who trust them. Help them to meet to- move to proceed to H.R. 5325. The ACTING PRESIDENT pro tem- RECOGNITION OF THE MINORITY LEADER day’s joys with gratitude, its difficul- The ACTING PRESIDENT pro tem- ties with fortitude, and its duties with pore. The clerk will report the motion. The legislative clerk read as follows: pore. The minority leader is recog- fidelity. Bring them to this evening nized. unashamed and with peaceful hearts. Motion to proceed to Calendar No. 516, H.R. CONTINUING RESOLUTION We pray in Your sacred Name. Amen. 5325, a bill making appropriations for the Legislative Branch for the fiscal year ending Mr. REID. Mr. President, my staff f September 30, 2017, and for other purposes. has been working diligently to work CLOTURE MOTION with the majority to come up with a PLEDGE OF ALLEGIANCE Mr. MCCONNELL. I send a cloture way to go forward on spending. We es- The Presiding Officer led the Pledge motion to the desk. pecially need to take care of that, but of Allegiance, as follows: The ACTING PRESIDENT pro tem- we also need to address Zika funding. I I pledge allegiance to the Flag of the pore. The cloture motion having been am not going to lay down any markers United States of America, and to the Repub- presented under rule XXII, the Chair here today because we are still trying lic for which it stands, one nation under God, directs the clerk to read the motion. to work something out, but I do want indivisible, with liberty and justice for all. The legislative clerk read as follows: to say this. Republicans need to get away from their vendetta against f CLOTURE MOTION We, the undersigned Senators, in accord- . We are not going APPOINTMENT OF ACTING ance with the provisions of rule XXII of the to play any funny games and try to PRESIDENT PRO TEMPORE Standing Rules of the Senate, do hereby find the money someplace else. move to bring to a close debate on the mo- Planned Parenthood should not be part The PRESIDING OFFICER. The tion to proceed to Calendar No. 516, H.R. of Zika funding. clerk will please read a communication 5325, an act making appropriations for the More than 2 million women received to the Senate from the President pro Legislative Branch for fiscal year ending care at Planned Parenthood clinics tempore (Mr. HATCH). September 30, 2017, and for other purposes. around the country last year. They Mitch McConnell, John Cornyn, Orrin G. The legislative clerk read the fol- didn’t go there for abortions. They lowing letter: Hatch, Shelley Moore Capito, Thom Tillis, Mike Rounds, Marco Rubio, went there because they needed help U.S. SENATE, Cory Gardner, Pat Roberts, Roy Blunt, with their health care. The women PRESIDENT PRO TEMPORE, John Barrasso, Roger F. Wicker, Steve needed that, and they still need it. Washington, DC, September 12, 2016. Daines, Daniel Coats, John Thune, To the Senate: They need it more than ever now with Thad Cochran, Susan M. Collins. Under the provisions of rule I, paragraph 3, this scourge that is sweeping our coun- of the Standing Rules of the Senate, I hereby Mr. MCCONNELL. I ask unanimous try, which is Zika. I just want to make appoint the Honorable JAMES LANKFORD, a consent that the mandatory quorum sure that everyone understands that we

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

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VerDate Sep 11 2014 03:54 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.000 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5488 CONGRESSIONAL RECORD — SENATE September 12, 2016 are not going to play any games with of this unprecedented hold on Senate piles of money in Senate races across Planned Parenthood. It is through. Do Republicans by the Koch brothers. the country. They are trying to tighten your vendetta someplace else because Let’s look at another example. We all their grip on the Chamber by electing it will not be on the Zika funding. remember—and we should if we don’t— more stooges. KOCH BROTHERS what happened earlier this year when The Kochs and their dark-money em- Mr. President, Webster’s dictionary the junior Senator from Kansas, Mr. pire are flooding the airwaves with defines an oligarchy as ‘‘a government MORAN, had the audacity to admit and misleading and false advertisements. in which a small group exercises con- suggest that Merrick Garland’s nomi- The ads from the Koch brothers are not trol for corrupt and selfish purposes.’’ I nation to the Supreme Court deserved always easy to identify. The groups will state that again: ‘‘a government in consideration. He didn’t say he was that sponsor them have names that which a small group exercises control going to vote for him. He simply said sound harmless enough. Turn on your for corrupt and selfish purposes.’’ By he deserved consideration. TV or open your mailbox, and you will that definition, it appears that our What happened after that? Senator see a quick disclaimer in tiny print government is moving ever closer to an MORAN may be the Kochs’ biggest and that says who paid for it. It says things oligarchy just like Putin’s Russia. most outspoken supporter in the Sen- like: ‘‘Sponsored by Concerned Vet- For the last 8 years, Charles and ate. He has proven that time and again. erans of America,’’ ‘‘Sponsored by David Koch and their inner circle of He has defended his home State billion- Freedom Partners,’’ ‘‘Paid for by the billionaires have wielded immense aires here on the Senate floor multiple LIBRE Initiative,’’ or ‘‘Paid for by power within our democracy. Indeed, it times, but even the loyalty he showed Americans for Prosperity.’’ They are is no exaggeration to say that the Re- could not spare him from the Kochs’ afraid to tell us how much money they publican Congress is bought and paid wrath. The Koch brothers rallied their get from the Koch brothers. Take, for for by the Koch brothers. These two massive political machine against example, the U.S. Chamber of Com- brothers, who are worth $100 billion, their home State Senator, Mr. MORAN. merce. No one knows and they won’t are going to spend any amount nec- One of their groups, the Judicial Crisis tell us. It has been suggested that 80 essary to ensure that their interests Network, threatened to launch an ad percent of their money comes from the are represented in city halls, state- campaign against Senator MORAN. Koch brothers. I don’t know if that is houses, and even the very Capitol. What happened? Senator MORAN per- right, but I do know that they are Last year, at one of their secret plan- formed a breathtaking about-face in doing a lot of spending against the in- ning meetings, the Kochs and their cro- about 10 minutes, and he has since re- terests of Democrats. As to this dis- nies vowed to spend unlimited monies fused to support a hearing or a vote for claimer, such as being paid for by to exert influence in this year’s elec- Merrick Garland. Whether it is the Americans for Prosperity, the LIBRE tions. I have been disappointed that nomination for the Supreme Court, the Initiative, Freedom Partners, or Con- this Republican Senate has done noth- , or the Export-Im- cerned Veterans of America, it would ing to stop the Koch’s crooked oligar- port Bank, Senate Republicans always be accurate to simply say: Paid for by chy agenda. Campaign finance reform seem to take the Koch brothers’ side, the billionaires, the Koch brothers. is a nasty word to Senate Republicans. and the Kochs’ interest is always based Take a look at , where the The Senate has a history of standing on the profit motive—their profit. Koch brothers are spending millions of up to the corrupt interests of tycoons Since Republicans took control of dollars through their shadow organiza- like the Kochs. The Sherman Antitrust the Senate, they have done nothing for tions so they can tip the scales for Act was written by the Judiciary Com- the middle class, nothing to increase their anointed Senate candidate, JOE mittee against the wishes of the Car- the minimum wage or to help to ease HECK. He is their puppet. Who is he negie family, the Carnegie monopoly, the burden of student debt—nothing. going to side with on issues that are the Vanderbilt family, the Vanderbilt But the Republican leader has sched- important to Nevada? The out-of-State monopoly, the Rockefeller family, and uled multiple votes on Keystone and billionaire barons who spent millions the Rockefeller monopoly. When the has tried to roll back EPA greenhouse in buying his election or Nevadans? We system is broken, we have a responsi- gas emissions often. already know the answer to that ques- bility to try to fix it. Our system of How long will it take Republicans to tion. JOE HECK’s voting record in the government is being attacked by the deny climate change? Climate change House of Representatives says it all. He Koch oligarchy money, but Repub- is real, and it is here. A week ago yes- voted with the Koch brothers 90 per- licans have done nothing to oppose this terday, the Times had an un- cent of the time—in the last year, 90 march toward an oligarchy. precedented article giving specific ex- percent, and in the past, just about the This Republican Senate has showed amples of what is happening now—not same. So it is 90 percent of the time. no spine—zero—in confronting the in the future but now—with climate I will give one example from earlier Kochs, who are trying to buy America. change, but Senate Republicans, be- this year. House Republicans had a bill In fact, the evidence suggests that they cause of the Kochs, continue to close called the Preventing IRS Abuse and are more than content to go along with their eyes to the reality that the water Protecting Free Speech Act. The the billionaire brothers from Kansas. levels are rising, putting neighbor- names are a little misleading, and that The Republican leader’s voting hoods, whole cities, bridges, and mili- is an understatement. record is a perfect example. Between tary installations under water. There Notwithstanding that bill’s mis- 2009 and 2015, the senior Senator from are the islands off our coasts that have leading title, the legislation sought to Kentucky has voted in lockstep with causeways that go to them. You can’t make it even easier for the Koch broth- the Koch brothers at least 178 times. go many weeks of the year because ers to funnel even more dark money to Think about that—178 times in 7 years. they are now swamped with water. their dark money groups. That is what The senior Senator from Kentucky is It is clear who this Republican Sen- it was all about. not the only Republican with a docu- ate is trying to help, and it is certainly The Koch network got the word to mented history of siding with the not working American families. But House Republicans to vote for this bill. Kochs. The junior Senator from Flor- Charles and David Koch are not satis- So how did JOE HECK vote? Of course he ida has voted with the Kochs 92 percent fied. They want to expand their bud- voted with the Kochs. He and his Re- of the time. The senior Senator from ding oligarchy until it consumes our publican colleagues overwhelmingly Oklahoma has voted with the Kochs 85 American democracy. The Kochs don’t voted with the Kochs. That is whom percent of the time. The junior Senator even mask their intention. Their own the Kochs want in the Senate—lackeys from Pennsylvania has voted with the publicist explained that the Koch who will gut consumer and environ- Kochs 84 percent of the time. The as- brothers are trying to buy a new gov- mental protection and streamline Koch sistant Republican leader has voted ernment. Here is what he said: ‘‘It is Industries’ path to even more profit. with the Kochs 82 percent of the time. because we can make more profit, Bankrolling extreme candidates is seen There are many others in the Repub- OK?’’ That is a direct quote. In order to as an investment by the Kochs, and lican caucus who I could refer to, but I add a few more billion dollars to their they want these investments to pay think the foregoing gives us all an idea bottom line, the Kochs are dumping off—for them.

VerDate Sep 11 2014 00:54 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.003 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5489 Charles Koch admitted as much in an running past the end of the fiscal year, just in the attack on the World Trade interview last year. When asked what which is September 30. I want to brief- Center. he hoped to get from his hundreds of ly remind our colleagues how we ended All of us remember where we were on millions of dollars in political dona- up in this situation, why it is we are that day. I certainly do. The only other tions, here is what he answered—and talking about a short-term continuing time in my life that I can tie back to this is a direct quote: ‘‘I expect some- resolution from this point until Decem- a historic and sad event like that was thing in return.’’ Yes, he does. ber 9 and then revisiting the issue be- when John F. Kennedy was killed when This is not the American democracy yond that by December 9. I was in junior high school. I remember our Founding Fathers established. It is pretty clear everybody under- exactly where I was when President The Supreme Court’s disastrous Citi- stands that a CR, as we call it around Kennedy was assassinated. So it is that zens United decision has constructed a here—a continuing resolution—is real- I remember exactly where I was and political system that has effectively ly a stop-gap spending bill to fund the what I was doing when those planes hit put our government up for sale to the government, and it is the result of our the World Trade Center and those 3,000 highest bidder. Because of Citizens Democratic colleagues filibustering the Americans lost their lives. United, our country has no real restric- regular appropriations process. As the It is important for us to send a mes- tions on the money a billionaire or Presiding Officer knows, there are 12 sage that evil shall not prevail. Ameri- anyone else can spend to buy the gov- appropriations bills that need to be cans from all backgrounds came to- ernment they want. This is proven day considered by each of the appropria- gether in a beautiful display of patriot- after day with the Kochs. They are in tions subcommittees, then they are ism and fraternity following that ter- fat city. They have unlimited amounts voted on by the committee itself, and rible day of September 11, 2001. Of of money. then they come to the floor of the U.S. course, following those attacks, the I went to one of these minor billion- Senate, where we take them up in a United States took military and diplo- aires a couple of years ago, and I said: transparent and orderly sort of way— matic action to bring justice not only You have wasted your money. It didn’t each of those 12 bills—or at least that to those families but to demonstrate help. You know what he said to me? He is the plan. We brought up bill after the consequences of attacking the said: It doesn’t matter. I have it to bill to do just exactly that this year, American homeland, but the truth is, waste. I guess the Kochs, with their and this is the first time since 2009 that the victims and their families still $100 billion—the man I met was just a all 12 bills have been voted out of the don’t have the ability to get justice billionaire, but they have even more to committee and are now available for us from the people—including the govern- waste. to act upon. ments—who helped fund those terrorist As a country we must reject the Koch That is the way the legislative proc- attacks. That is where the bill, the brothers’ efforts to buy our democracy. ess is supposed to work and that is the Justice Against Sponsors of Terrorism We must work to rid the system of this way that is transparent to the Amer- Act, comes into play because if this dark money. We must address the issue ican people so they know exactly what legislation is signed by the President, of campaign finance and the unre- we are doing, and they can call us and it will become the law of the land. It strained spending that is squeezing the say: We don’t like that or they can call will amend the Foreign Sovereign Im- American people out of their own gov- us and say: Well, I do like that. The munities Act in a way that will allow ernment. point is, this is far superior to short- Americans to sue State sponsors of ter- It is time we revive our constituents’ term continuing resolutions or the rorism when the terrorist attack oc- faith in the electoral system and let dreaded omnibus bill that we had to curs on American soil. Believe it or them know their voices are being heard deal with last year; again, as a result not, under current law, that can’t hap- and not just the Koch brothers’ voices. of our inability to get the appropria- pen. So this law is one that is designed Mr. President, will the Chair an- tions process to work. to make sure these families who are nounce the business of the day. This year, our Democratic colleagues still grieving and still don’t have clo- stopped the regular orderly process of f sure will be able to seek justice in a passing appropriations bills. One might court of law against the people who RESERVATION OF LEADER TIME ask: For what purpose? Well, it is pret- killed their loved ones on September The ACTING PRESIDENT pro tem- ty obvious their purpose was to make 11. pore. Under the previous order, the sure they had maximum leverage in This is a bipartisan bill. My primary leadership time is reserved. order to force the Federal Government cosponsor in the Senate is Senator f to spend more money—not just on na- SCHUMER from New York. As a matter tional security matters, which would of fact, this is so bipartisan as to be WATER RESOURCES enjoy a lot of support on this side of nonpartisan. It passed the U.S. Senate DEVELOPMENT ACT OF 2016 the aisle, but to use any increase in na- by unanimous consent. Any individual The ACTING PRESIDENT pro tem- tional security spending to leverage Senator who wanted to, could stand up pore. Under the previous order, the more nondefense discretionary spend- and say: I object, and it wouldn’t have Senate will resume consideration of S. ing, breaking the caps that have been happened, but nobody did. So by unani- 2848, which the clerk will report. agreed upon in a bipartisan way pre- mous consent, we passed this legisla- The legislative clerk read as follows: viously. tion in the U.S. Senate. Last Friday, in A bill (S. 2848) to provide for the conserva- So this is the reason we find our- the U.S. House of Representatives, it tion and development of water and related selves in this distasteful and unpleas- passed without any objection. It passed resources, to authorize the Secretary of the ant position—Democratic obstruction. unanimously. I know it is pretty hard Army to construct various projects for im- Now we are forced to deal with a short- for people to actually believe anything provements to rivers and harbors of the term stopgap bill, which is nobody’s gets passed unanimously here in Wash- United States, and for other purposes. first solution. It is not my second or ington in this polarized political envi- Pending: third, but it is something we must deal ronment, but this bill was passed McConnell (for Inhofe) amendment No. with, and we will. unanimously. 4979, in the nature of a substitute. JUSTICE AGAINST SPONSORS OF TERRORISM ACT Now, just after the anniversary of Inhofe amendment No. 4980 (to amendment Mr. President, separately, yesterday these tragic attacks, the Justice No. 4979), to make a technical correction. our country observed the 15th anniver- Against Sponsors of Terrorism Act is The ACTING PRESIDENT pro tem- sary of the terrorist attacks on the headed to the President’s desk, perhaps pore. The majority whip. World Trade Center and at the Pen- as early as today. This legislation will CONTINUING RESOLUTION tagon and in a field in Pennsylvania, give victims of terror attacks and their Mr. CORNYN. Mr. President, shortly where brave patriots brought down this families the opportunity to seek jus- the two leaders of this Chamber will be plane rather than allow it to come to tice in a court of law from those who headed to the White House to update the Capitol and create or cause other fund and facilitate terrorist attacks. the President on discussions over keep- damage and perhaps loss of life. We I want to make clear that contrary ing the government funded and up and know that about 3,000 Americans died to some of the reports, this legislation

VerDate Sep 11 2014 00:54 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.005 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5490 CONGRESSIONAL RECORD — SENATE September 12, 2016 doesn’t mention any foreign govern- easier for State sponsors of terrorism four commercial airliners, crashing them ment at all. It is agnostic. What it says than he would lend support to the fam- spectacularly into the heart of our Govern- is, if you fund and facilitate a terrorist ilies of 9/11. He should sign this bill. It ment and the heart of our economy. You have had your differences with us attack on American soil, you can be has an overwhelming display of support about JASTA. And we have been supportive hauled into court to answer for your in Congress on behalf of the American of the reasonable efforts Congress has made crimes, and the families can seek com- people. I hope he reconsiders his pre- to address your misgivings. But, now, Con- pensation as they would in any other viously threatened veto, but if Presi- gress is done, and the result is legislation personal injury or wrongful death law- dent Obama does veto it, I hope he that both the and the suit. doesn’t leave the American people and House of Representatives passed without a This is a straightforward piece of leg- single dissenting voice. the victims of terrorism in limbo. If he JASTA will be delivered to you soon, per- islation. It simply provides the mecha- is going to veto this legislation, he haps tomorrow. And, here lies the reason nism to help victims of terrorist at- should not delay so Congress can this day is made even harder than past anni- tacks on U.S. soil find the justice they quickly consider whether to override versaries: we don’t know what you will do. need. The American people, through that veto and make the Justice We are left to wait, to hear remembrances their elected representatives, have Against Sponsors of Terrorism Act the and reassurances and regrets. been clear in their support for this leg- law of the land. There is a way, if the Mr. President, we don’t need your comfort. We have each other. We don’t need words— islation. President decided to play games with other than the words ‘‘I will sign JASTA Unfortunately, President Obama has the victims of 9/11 and these families into law when it reaches my desk.’’ We need already threatened to veto it, and for who have suffered so much, that he those words and a simple action—the stroke what reason I simply am at a loss to could make it hard, if not impossible, of the only pen that can give us and the say, but I want to point out that this for Congress to vote to override the American people the assurance they need veto threat isn’t about a President and veto, but one thing he can do, out of re- that your foreign policy and your defense of his soured relationships with Congress; spect for them and the memory of their this great Nation include a determination it is about the victims of 9/11 who have that truth be our guidepost, that victims of lost loved ones, is to go ahead and veto terrorist attacks also have rights in our made clear they deserve to have this it, if that is his determination, and courts and that the justice delayed for the 9/ avenue of justice made into law. then send it back here and then let 11 families will not become justice denied. Again, this legislation doesn’t men- Congress vote to override the veto, Please, Mr. President, don’t slam the door tion any particular country, and it which I am confident we will. shut and abandon us. We need the Executive doesn’t decide the merits of any claim Mr. President, I yield the floor. Branch to join Congress and protect us and these family members may have. That There being no objection, the mate- all future victims of terrorism. Please sign is left to our justice system, as it JASTA. rial was ordered to be printed in the Sincerely, should be. RECORD, as follows: Terry Strada, widow of Tom Strada, North Just yesterday, the families of the SEPTEMBER 11, 2016. Tower; Sylvia Carver, sister of Sharon 9/11 victims sent a letter imploring The PRESIDENT, Carver, Pentagon; Veronica Carver, sister of President Obama to sign this bill. This The White House, Sharon Carver, Pentagon; Bill Doyle, father is a powerful letter. Washington, DC. of Joseph Doyle, North Tower; Gordon Mr. President, I ask unanimous con- DEAR MR. PRESIDENT: We are all mothers, Haberman, father of Andrea Haberman, sent that the full text of the letter be fathers, wives, husbands or children who lost North Tower; Alice Hoagland, mother of loved ones in the cruel and devastating at- Mark Bingham, Flight 93; Emanuel printed in the RECORD following my re- Lipscomb, survivor, civilian rescuer, NYC; marks. tack on America fifteen years ago today. We miss them. And we grieve at what they Marge Mathers, widow of Charles W. The families speak openly in this let- have missed in lives cut short by terrorists Mathers, North Tower; Ellen Saracini, widow ter about the grief they still feel not whose immediate targets were innocents and of Capt. Victor Saracini, pilot of Flight 175. just on the anniversary of 9/11 but whose ongoing target is everything America Kristen Breitweiser, widow of Ronald every single day. They talk about why has stood for, fought for and promised to Breitweiser, South Tower; Curtis F. Brewer, justice is so important and how this protect and defend since our union was widower of Carol K. Demitz, South Tower; Gail Eagleson, widow of John B. Eagleson, legislation would help ensure that formed. And we anguish especially as we wit- ness the spread of the poisonous ideology South Tower; Lisa Friedman, widow of An- ‘‘justice delayed for the 9/11 families drew Friedman from World Trade Center; will not become justice denied.’’ And that is determined to ensure that 9/11 was only the beginning. Tim Frolich, personal injury survivor, North Tower; Monica Gabrielle, widow of Richard they are right. That justice may have This is a hard day for all of us. But, as we Gabrielle, South Tower; John Jermayn, per- been delayed, but it will not be denied are sure you must know, they are all hard, sonal injury survivor FDNY; Mindy under this bill. not just the anniversaries. For some of us, Kleinberg, widow of Alan Kleinberg, North At the end of the letter, they plead though, this day is harder than any since the Tower; Kathy Owens, widow of Peter J. with President Obama and ask him not attack and we want you to understand why. Owens Jr, North Tower; Melissa Raggio We and so many other families have fought to ‘‘slam the door shut and abandon us. Granato, daughter of Eugen Raggio, South for years to know all of the truth about 9/11. We need the Executive Branch to join Tower; Charles G. Wolf, widower of Kath- We have fought to ensure that anyone and Congress and protect us and all future erine Wolf, North Tower. victims of terrorism.’’ any entity that may have had a responsible role in the murder of 3000 people in New The ACTING PRESIDENT pro tem- They say: ‘‘Please sign JASTA.’’ York, at the Pentagon and across a field in pore. The assistant minority leader. These victims have certainly been Pennsylvania is held to account for their ac- THE APPROPRIATIONS PROCESS AND ZIKA VIRUS through a lot and they certainly have tions. And, we have struggled to make sure FUNDING the strength of their conviction. I ad- that our laws—and those who are sworn to Mr. DURBIN. Mr. President, my mire the courage they display every uphold them—leave nothing undone in our friend and colleague from Texas came single day to get up in the morning and battle against terrorism. to the floor to describe the budget and go on about their lives in the after- The Justice Against Sponsors of Terrorism appropriations process which we face in math of so much loss and so much Act addresses a missing piece of America’s antiterrorism campaign—a piece that is this session of Congress. Our fiscal year tragedy. The least we can do is to missing because of grievously errant mis- begins October 1, and it is only a few make JASTA law so they and others in constructions of earlier laws meant to en- weeks away. Under the orderly course the future can have access to the sure that the families of Americans harmed of business, we would pass 12 different courts and a path to justice. or killed as a result of terrorist attacks with appropriations bills and fund the gov- Again, this bill doesn’t decide the respect to which foreign governments may ernment for the next fiscal year. To case; that is left to the court of law. It be complicit will be able to seek justice in date, we have not passed any of those doesn’t target an individual country; it our courts. That right is important for our bills in the Senate. says that any country who sponsors Nation, because it will help to deter state- I would like to say a word in defense and facilitates and funds terrorist ac- sponsored terrorism. It will help uncover of the Senate Appropriations Com- truth—such as the mysteries surrounding tivities on American soil can be called the ability of 19 hijackers—barely educated, mittee on which I am honored to serve. to answer for it in court. not speaking much English and without visi- This committee has had lengthy hear- Frankly, I find it baffling that Presi- ble resources—to come to America, learn to ings and has produced 12 appropria- dent Obama would rather make life fly, set up camps in several cities and hijack tions bills. I would say that these bills

VerDate Sep 11 2014 03:54 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.006 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5491 are good, bipartisan bills and with only for women who were trying to avoid a to give us time to finish the appropria- a few exceptions are being brought for- pregnancy because of the threat of the tions process, but in the meantime, we ward in good faith in an effort to meet Zika virus. They put a prohibition have to get back on track—and the our constitutional obligation to fund against the funding of Planned Parent- President joins me in what I am about the government. hood. Last year, 2 million American to say—to take out these controversial One of the earliest bills that were women used Planned Parenthood. It is political provisions, particularly those brought forward was the Military Con- understandable that when they attack originating in the House from the Re- struction and Veterans Affairs bill. It Planned Parenthood, it is a controver- publican leadership, and get down to is not considered to be a highly con- sial issue. I stand in favor of what the business of funding this govern- troversial bill, and it was understand- Planned Parenthood does when it ment in a responsible fashion. able that it was one of the first appro- comes to family planning. Others dis- I will take exception to one state- priations bills brought to the floor. The agree. But why would you add that to ment by the Senator from Texas. He Senators who prepared the bill—Repub- a bill on a public health crisis about said the Democrats were trying to lican Senator KIRK from Illinois, my Zika? Why would you put it in a Mili- spend more money. That didn’t quite home State, Democratic Senator JON tary Construction and Veterans Affairs tell the whole story. We have an agree- TESTER—brought it to the floor. They bill that has nothing to do with ment which says that if we want to in- added a provision in the bill that the Planned Parenthood’s activities? crease defense spending—I will vote for President asked for to deal with the Secondly, the House Republicans cut that—we have to increase nondefense Zika crisis. $500 million out of the Veterans’ Ad- spending in a similar fashion—same Back in February, President Obama ministration that was being used to ex- amount, equal amount. Why would we asked for $1.9 billion to deal with the pedite the claims of veterans. We know want to increase nondefense spending? public health crisis caused by this mos- the story back in Chicago and Illinois. Education, Pell grants, student loans, quito-borne disease, the Zika virus. We A lot of our deserving veterans have helping children in Head Start Pro- have reports from around the world been waiting in line for month after grams, making sure hungry families that pregnant women who are infected wary month for approval of their dis- across America have enough to eat, with this virus by a mosquito or by ability claims. We put in resources to making certain the FBI is adequately other means are giving birth to chil- speed that up. The House Republicans funded—there are a lot of things when dren with terrible birth defects. The took the $500 million out of the Vet- it comes to the nondefense side that President called on us in February to erans’ Administration. That is con- are important for America’s future and give him the resources to help fight the troversial, unnecessary, and unfair to for our security. All we are asking for spread of this mosquito in Puerto Rico, veterans. is fair treatment. Increase the Depart- one of the territories of the United Then, to add insult to injury, there ment of Defense, similar increase in States, and in the United States of was a third provision. They decided to nondefense spending—that is it. America and also asked for the re- suspend the authority of the Environ- If we can get back on track, I think sources to help develop a vaccine, mental Protection Agency when it we can, incidentally, get this done. I which all of us would be interested in came to the use of certain chemicals to hope the leadership on the Republican seeing as quickly as possible, to pro- fight the mosquitoes. Well, that carries side—and they control the House and tect innocent people from this mos- controversy with it. Clean water is cer- the Senate—will decide to give us this quito-borne disease. tainly something we all value, and we short-term CR until early December So we took the President’s request, wouldn’t want to compromise it. The and put a clean Zika provision in, the and after some debate, Senators Mur- House Republicans added that in. same one that passed the Senate. That ray and Blunt, a Democrat and Repub- There was one more provision they would be a way to resolve our dif- lican, agreed on $1.1 billion of the $1.9 added to make it clear that this was a ferences and to address this public billion asked for by the President. political exercise from the House. Lis- health crisis which has taken too many They added it to the Military Con- ten to this one. There was a ban on the lives across the world and has certainly struction spending bill. It made sense. display of Confederate flags at U.S. caused horrible outcomes when it When they called it for a vote here in military cemeteries. The House Repub- comes to pregnancies of women who the Senate, the vote was 89 Senators in licans removed that ban so that Con- are infected. favor of this Military Construction ap- federate flags could be displayed at propriation bill with the Zika money U.S. military cemeteries. included. I felt pretty good about that. So a bill we passed with 89 votes—a Mr. President, last week a number of On a bipartisan basis, we had re- strong, bipartisan bill—a bill that in- my Republican colleagues came to the sponded to the President in May of this cluded a bipartisan compromise to deal Senate floor to discuss the Affordable year and passed the first appropriation with the Zika virus in a timely fashion, Care Act, otherwise known as bill to be sent to the House. What my was sent over to the House of Rep- ObamaCare. They didn’t come to offer friend from Texas, the Senate majority resentatives and was freighted with the the Republican alternative to the Af- whip, failed to mention was what hap- most political issues imaginable to be fordable Care Act. They didn’t come pened to that bill once it left the Sen- sent back home over here. forward with proposals on how to im- ate. So 89 Senators, both Democrats If the Senator from Texas wonders prove the Affordable Care Act. They and Republicans, supported the bill and why the appropriations process broke came here basically to say they were sent over what we considered to be a down, don’t blame the Senate Appro- against it, period. That is no surprise. responsible, clean bill. What did the priations Committee. For the most Considering that the Republicans House do? Did it take up this measure part, they have done their work. Don’t have spent the last 6 years attacking and pass it with the emergency provi- even blame the Senate itself. When it the Affordable Care Act, I think it is sions to deal with the Zika crisis? No. came to voting on the Military Con- time that America hears at least some Therein lies the problem with the ap- struction bill, we voted on a bipartisan part of the other side of the story. I propriation process. The same House basis to go forward. The process fell would like to take a moment to talk Republican majority that ran John apart across the Rotunda with the about what has happened in this coun- Boehner of Ohio out of town as Speaker House Republicans. try since the passage of the Affordable decided to flex their muscles on this So if we are going to get this done— Care Act, or ObamaCare. bill. Do you know what they put in the and I hope we do—we need a short-term Since the Affordable Care Act be- bill? They took this bill that was a bi- spending bill called a continuing reso- came law, the uninsured rate has de- partisan clean bill and added the most lution. It will take us through the clined by 43 percent in America, from objectionable political issues. month of October, a campaign month, 16 percent uninsured in 2010 to 9.1 per- Let me give an example. They added through the month of November, when cent in 2015. To put it another way, the into this bill a question about whether we return and face the Thanksgiving number of uninsured people in the Planned Parenthood would be funded holidays, and into early December. United States has declined from 49 mil- to provide family planning, especially That, to me, is a reasonable thing to do lion in 2010 to 29 million in 2015. Stated

VerDate Sep 11 2014 00:54 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.007 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5492 CONGRESSIONAL RECORD — SENATE September 12, 2016 another way, more than 20 million peo- Insurance companies can no longer were uninsured. Today, the number is ple have gained health insurance be- impose annual or lifetime caps on ben- below 800,000. cause of this law. For the first time efits. Remember those days? People get In terms of health insurance monthly ever, more than 9 out of 10 Americans gravely ill, a diagnosis they hadn’t ex- premium costs, Illinois ranks 15th as have health insurance. pected, an accident, and then they find one of the most affordable nationwide. Have you ever been in a position in out they are in for a long period of Now Republican Senators single out your life when you didn’t have health care, which is very expensive, and they newspaper headlines talking about pre- insurance? Have you ever been a father check and find that their health insur- mium increases. They have claimed with a brandnew baby who needed the ance plan has a cap on how much it ObamaCare is the reason. I am troubled best medical care and you didn’t have will pay. The rest of it was on your by certain aspects of these rate in- health insurance? Have you ever won- shoulders, and for many people that creases. I think it is important to take dered how you would take care of your meant a trip to bankruptcy court. This a close look at them. child and your family when you provision alone protects 105 million In recent years, there have been a lot couldn’t provide them with health in- Americans—including 39.5 million of stories in the press about premium surance? I have. I went through it. It women and 28 million children—who increases for some plans, in some cit- scared me to death—a brandnew dad, so were previously subject to these arbi- ies, for some people. The Republicans happy and proud, and then a medical trary caps. What did these Republican have come to the floor to tell all of challenge in my family occurred, and Senators say about protecting these these stories that they can. It is impor- we had no health insurance. I went to families if they abolished ObamaCare? tant to note that premiums for em- a local hospital here with my wife and Nothing. ployer coverage, spending, baby, sat in the chair in the ward, and No longer, incidentally, under and health care prices have all grown waited for our number to be called. I ObamaCare, can insurers spend large more slowly under the Affordable Care was a law student and I didn’t know percentages of your premium dollars Act than before. what was going to happen next. Luck- on advertising and the salaries of the For employer premiums, the past 5 years included four of the five slowest ily, we had good medical care. We paid fat cats who run the company. This has growth rate years on record. Medicare for it. The care that wasn’t covered by protected 5.5 million consumers who spending is $473 billion less than was insurance cost us quite a bit of money received nearly $470 million in rebates projected before the Affordable Care in those days, and it took us a long last year. Under ObamaCare, insurers Act. Health care price growth since the time to pay it off. But I never felt more can’t impose copays on important pre- Affordable Care Act became law has inadequate as a father than sitting ventive health services, such as immu- been the slowest in 50 years. You don’t there without health insurance. Have nizations, cancer screenings, and birth hear that in the speeches from the you ever been there? If you have, you control. other side of the aisle. Because of the Affordable Care Act, will never forget it. I have been there. Where premium increases have been For this country, 20 million people because of ObamaCare, Medicare is bet- most prevalent is in the individual today have the peace of mind of health ter for the 55 million seniors who de- market. Out of 350 million Americans, insurance who did not have it before pend on it. There was the dreaded 11 million are in this market. I am ObamaCare. This represents the largest doughnut hole. Do you remember that troubled by the increases in those mar- decline in the uninsured rate since we one? That was when a senior on Medi- kets. But it is important to remember created Medicare and Medicaid in the care would have pharmacy bills. The that is a small portion of the overall 1960s. original Medicare Program for phar- market. Most people who get coverage Since the Affordable Care Act be- macy didn’t cover all expenses. It is a through the insurance exchanges of came law, Americans no longer have to strange thing to explain, but it would ObamaCare—that is more than 80 per- worry about a lot of discriminatory cover expenses on the front end of the cent of them—receive a tax credit to things that were being done to families year, and then they would have to go help them pay their premiums. Let’s before we passed the law. Health insur- into their savings accounts. I would not forget that premium increases were ance companies can no longer refuse to say to the Senator from Florida, who around long before the Affordable Care provide you insurance because of a pre- knows senior issues better than most, Act. existing condition. it was called the doughnut hole, and we In 2005, 5 years before the Affordable Does anybody in your family have a changed it. Care Act, a Los Angeles Times headline preexisting condition? Certainly in our So we changed it. We are filling the read, ‘‘Rising Premiums Threaten Job- family, and most. It could be diabetes, doughnut hole. We are closing it and Based Health Coverage.’’ In 2006, 4 a child who survived cancer—think of phasing it out. That saves 10.7 million years before the Affordable Care Act, a all the possibilities. In the old days be- Medicare prescription drug bene- New York Times headline read, fore the Affordable Care Act, they ficiaries an average of almost $2,000 ‘‘Health Care Costs Rise Twice as Much could just say no in terms of covering each. What have we heard from Repub- as Inflation.’’ In 2008, 2 years before we your family or raise the rates to high licans about replacing that provision? passed the law, the Washington Post heaven to make it impossible to pay Nothing. headline read, ‘‘Rising Health Costs for insurance. This provision alone on The Affordable Care Act also encour- Cut Into Wages.’’ preexisting conditions protects 129 mil- ages health care providers to focus on Democrats passed the Affordable lion Americans, 19 million children. quality of care, not just quantity. As a Care Act to combat these premium in- When the Republicans come to the result, American lives are being saved. creases, which were devastating fami- floor to say they want to abolish the Because of the provisions in lies, bankrupting individuals, and Affordable Care Act, what do they say ObamaCare, hospital-acquired condi- squeezing employers’ budgets. Despite about the 129 million Americans with tions have declined 17 percent in 6 all the anti-ObamaCare rhetoric being preexisting conditions? What do they years. Infections, adverse drug events peddled by my Republican colleagues, say about the 19 million children with that resulted in patients staying in the major aspects of this law are work- preexisting conditions? Not one word. hospitals longer and even dying have ing. More Americans are insured than These insurance companies can no dramatically decreased. That has pre- ever before. We have ended the most longer charge women more than men vented 87,000 deaths over the last 4 discriminatory and dishonorable prac- for the same insurance policies. That is years. tices of the health insurance industry, right. There was blatant discrimina- In Illinois, we have seen the benefits and we have taken important steps to tion—charging women more than men as well. Between 2013 and 2015, the rate improve and strengthen Medicare. for the same health insurance policies. of uninsured among 18- to 64-year-olds Is the law perfect? No. The only per- Who is protected by that? Well, 157 mil- decreased from 17.8 percent to 10.6 per- fect law was carried down the side of a lion women in America. Did the Repub- cent, a 7.2-percent drop, one of the mountain on clay tablets by Senator licans suggest, when they abolish largest in the Nation. Prior to Moses. All the rest of our efforts can ObamaCare, what they are going to do ObamaCare, the Affordable Care Act, use a little work. I think Senator NEL- to protect these women? Not a word. an estimated 1.8 million Illinoisans SON from Florida and I would agree. We

VerDate Sep 11 2014 00:54 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.008 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5493 supported the bill, but we would sit cent Reuters report found that prices that was an excellent recitation of down with the Republicans tomorrow for 4 of our Nation’s top 10 drugs have what the Affordable Care Act has done to find ways to strengthen it, make it increased by more than 100 percent to ensure health insurance and provide fairer, make it better. That is con- since 2011. Six others went up 50 per- health care for the people of our coun- structive, but that is not what we hear cent. What did that mean for those who try. This Senator just wants to under- from the other side. The other side use the drugs? score one statistic that the Senator says: It must go away. That is no way The price for the arthritis drug from Illinois cited. The Senator cited to bargain. Humira went up 126 percent. The mul- that 20 million people in the country Instead of working, Republicans tiple sclerosis drug COPAXONE went have health insurance who did not have have, at every possible opportunity, up 118 percent. The asthma drug Advair it before. tried to end the Affordable Care Act. went up 67 percent. Mylan Pharma- If the Senator would recall, when we They broke all records in the House of ceuticals just increased the price of started this deliberation on cobbling Representatives. We think they voted EpiPens. Did you read about that one? together this new law, we were told 60 times to abolish the Affordable Care They increased the price of EpiPens that there were approximately 45 mil- Act. It almost became the regular vote from less than $100 for a pack of two in lion people in the country who did not before they went into recess: Oh, before 2007 to more than $600 today. It is the have health insurance. Now, when you we leave, let’s vote to abolish it— same drug but a 550-percent increase in break down that 45 million, 11 million knowing that that wasn’t going to hap- cost. of them are undocumented and, there- pen and shouldn’t happen. This last Friday in Chicago, a young fore, under the law are not eligible to What we know now is that we can man came to see me. He has been bat- have health insurance. make this law better. We should work tling diabetes for as long as he has So that leaves 34 million. When you to do it. We have to deal with some of been alive. It is a daily battle; it is an take the 20 million that presently have the issues that are before us. If the Re- hourly battle to try to ensure that he health care that the Senator cited and publicans would sit down, there are doesn’t succumb to this disease. His add to that 4 million more that will be some steps we could take together. The mom and dad were with him. He put in covered by Medicaid expansion in the marketplaces are working for the vast front of me a list of what it costs now 16 States that have refused to expand majority of Americans. Some 88 per- for insulin and for the basics that dia- Medicaid to 138 percent of poverty, now cent of enrollees live in a county with betics need across America. The costs we are talking about 24 million of an at least three choices for health care. just keep going dramatically. It is not eligible population of 34 million. That There is still more we can do for those pinned to the original research cost of is two-thirds. That is extraordinary. who have only one or two choices to the drug at all. Many of these drugs That has happened just in the last few face in their areas. were on the market for years at a rea- years. When we debated the Affordable Care sonable cost, but now the pharma- Would the Senator from Illinois be- Act, many of us on the Democratic ceutical companies are kiting the lieve that? side, myself included, said: Why don’t costs. Let me be clear. We will not be Mr. DURBIN. In response through the we have one Medicare-like public plan able to get a handle on rising health Chair, the Senator from Florida knows that is available across the United care costs if we are unable or politi- this issue as well as or better than States? That could compete with pri- cally unwilling to address escalating most. He understands the progress that vate insurers and bring prices down. drug prices. has been made. I am sure he agrees There was a lot of fearmongering. Peo- Something has to be done. I support with me that we can do better; we can ple stopped us from our efforts to in- a wide range of ideas, from requiring improve this law. We can make it work clude a universal Medicare plan as part drug companies to disclose how they better, but only if we do it in a con- of it. I would like to return to it. arrive at pricing, to allowing Medicare structive, bipartisan way. I listen care- To help balance the risk pool and at- to negotiate for drug prices, from fully when my Republican colleagues tract Americans in the marketplaces, shortening the monopoly period that come to the floor thinking they want particularly healthier younger people, drug companies enjoy before generic to abolish the Affordable Care Act and we should expand financial assistance competition, to ending the pay-for- replace it with—they never finish the to help middle-class families better af- delay arrangements that necessarily sentence. They don’t have a replace- ford coverage. We must address one keep generic drugs and lower prices ment. other issue that we all know is front away from consumers. We should also So what are we going to say to the 20 and center—the price of pharma- explore imposing a tax on companies million Americans who now have ceuticals, the price of drugs. This is the that arbitrarily raise their prescription health insurance because of this law? elephant in the room when it comes to drug prices significantly over the pre- You are on your own again. Sorry, your this conversation. It is one which most vious year. family is not covered. That is no an- Members of the Senate and House are I will close. The bottom line is, the swer. I would agree with the Senator running away from. Affordable Care Act is working. Twen- from Florida that we have come a long When drug companies increase their ty million Americans now have health way. We can improve this law and prices or put new treatments on the insurance. Being a woman is no longer make it better and stronger. I think market that are exceedingly expensive, considered a preexisting condition. our goal to bring more people under insurance companies are forced to Kids can stay on their parent’s health the protection of health insurance and come up with the money to cover the care plans up to age 26. Insurers can no to slow the rate of growth in health cost, and often they pass the cost along longer kick someone off insurance if care costs has been achieved. But to in higher premiums. An Illinois insurer they get sick or cost too much. make it go forward in the right way we recently told me that drug expenses, Just as we had to make changes and need to work together. the cost of pharmaceuticals, used to improvements in Medicare over the I yield the floor. account for about 15 percent of this years, the Affordable Care Act can The ACTING PRESIDENT pro tem- health insurance policy cost. The num- work better if we set aside politics and pore. The Senator from Florida. ber now, a year later, is up to 25 per- sit down together and work on it. The ZIKA VIRUS FUNDING cent, and there is no end in sight. Affordable Care Act is here to stay. So Mr. NELSON. Mr. President, I want We have asked doctors and hospitals let’s stop trying to repeal it and under- to speak about health care, and it is a and medical device companies and mine it. Let’s make it stronger and health care crisis that is upon us right other medical professionals to bring us better for the future of America. now. It is the Zika crisis. Happily, if quality and lower costs, but we put no Mr. NELSON. Mr. President, will the my voice will hold out, I am here to burden on the pharmaceutical compa- Senator yield for a question? share with the Senate that I think we nies. The most recent Medicare Part D Mr. DURBIN. Mr. President, I will be have finally found a path forward to data show that 46 percent of the most happy to yield through the Chair. fund the fight against Zika. The spe- commonly prescribed drugs had a dou- Mr. NELSON. Mr. President, I want cifics are still being worked out, but it ble-digit price increase in 2014. A re- to say to the Senator from Illinois that seems that there will be a deal, and we

VerDate Sep 11 2014 00:54 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.009 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5494 CONGRESSIONAL RECORD — SENATE September 12, 2016 will soon be able to move forward on We passed it months ago, I think by FBI’S RELEASE OF CLINTON INVESTIGATION doing what we tried to do last summer, 89 votes out of the 100 Senators. We MATERIAL which is to fund the crisis that we sent it to the House, and the House de- Mr. GRASSLEY. Mr. President, I ask know as the Zika crisis. cided to play politics. They add some- unanimous consent to have printed in Let me just briefly describe it. Popu- thing to do with the Confederate flag. the RECORD at the end of my speech ar- lations outside of the continental They add something to do with ticles from the Boston Globe on Sep- United States, such as Brazil, are high- defunding Planned Parenthood. They tember 6, 2016, and the New York Times ly infected populations because of the add something that has to do with cut- on September 8, 2016. presence of this type of mosquito, the ting Medicaid money going to Puerto Mr. President, today I wish to discuss Aedes aegypti mosquito. It is not like a Rico. Why is that particularly onerous? my very serious concerns about the normal mosquito. Normal mosquitoes The CDC estimates that 25 percent of FBI’s selective release of Clinton inves- come out at night. They fly all around the population of Puerto Rico is in- tigation material and especially how in the countryside. When this Florida fected, that a quarter of the people are the Senate is handling the unclassified boy grew up, I was bitten by so many infected. Of all places, an island terri- but not yet public information pro- mosquitoes I was almost immune. But tory with American citizens—a terri- vided by the FBI. On the Friday before a holiday week- this aegypti mosquito lurks in the dark tory of the United States—is where we end, the FBI chose to release to the corners of your house. She lays her ought to be helping with health care public only two of the dozens of unclas- eggs, her larva, in stagnant water—but for a very poor population. We sified documents it provided to the not a pool, not a pond like normal mos- shouldn’t be cutting additional funds quitoes; they can lay their larva in a Congress. for Puerto Rico. Yet that is what we Director Comey said: ‘‘The American still surface of water as small as a bot- have been faced with. people deserve the details in a case of tle cap that has caught water. As a re- I am of a mind of new optimism now intense public interest’’ and ‘‘unusual sult, this mosquito transmitting the because I think common sense is begin- transparency is in order.’’ He is right. virus feeds not on one person at a feed- ning to break out. The people have a right to know, but ing but four people. Thus, an infected In this Florida situation of 756 cases, actions speak louder than words. Right mosquito has now transmitted the we have seen newspaper reports that now the public has only a very narrow virus to four people who, in turn, can the State of Florida government hasn’t slice of the facts gathered by the FBI. now transmit it to others by sexual been transparent about the spread of The FBI has released only its sum- contact or another uninfected mos- the virus in our State. Over the week- mary of the investigation and the re- quito bites the infected person. Now end, the Miami Herald reported that port of the interview with Secretary that mosquito is infected and it goes go ‘‘the information issued by the gov- Clinton. However, its summary is mis- on. You see how it can expand. ernor and state agencies has not been leading or inaccurate in some key de- In Florida, there are 756 cases of the timely or accurate—cases announced tails and leaves out other important virus that we know of, and that in- as ‘new’ are often several weeks old, facts altogether. There are dozens of cludes 84 pregnant women. Why do I because of a time lag in diagnosis—and unclassified reports describing what say pregnant women? Because if you excludes details that public health ex- other witnesses said, but those reports get the virus, it is just like a mild flu, perts say would allow people to make are still hidden away from the public. but if you are pregnant and you get the informed decisions and provide a com- They are even being hidden from most virus in the first trimester of preg- plete picture of Zika’s foothold in Flor- congressional staff, including some nancy, there is a 2-percent to 11-per- ida.’’ who have been conducting oversight of cent chance that your baby is going to As we have said many times on this the FBI on these issues. Why? Because be deformed. The virus attacks the de- floor, this is not the time for political the FBI improperly bundled these un- veloping fetus in the brain stem and games. Those games should be over, classified reports with a very small causes the brain and the head to and we should do it. The wonderful amount of classified information and shrink. That is what we are dealing news that a deal is being struck is wel- told the Senate to treat it all as if it with. come news to this Senator. were classified. When we left in the summer, early The threat that this country faces This is certainly not the ‘‘unusual July, to some Senators it was ‘‘out of from the spread of this virus is real. transparency’’ Director Comey said he sight, out of mind,’’ but we have seen The virus-carrying mosquito, the Aedes would provide. In fact, it is just the op- the increasing numbers of cases, thou- aegypti, is in the State of the Senator posite: unusual secrecy. Normally, sands now nationwide, 756 in Florida from Iowa—a State you wouldn’t nor- when an agency sends unclassified in- alone. By the way, that is just what we mally think of as having mosquitoes. formation to the Office of Senate Secu- know of. The CDC is estimating that We are in the midst of a public health rity, the office that handles and con- there are four people walking around crisis, and it should be treated like the trols classified information, there is a with the virus for every one that we emergency it is. very simple solution. The executive know of, so you see the problem. So as we await the final details of order and regulations governing classi- To bring this back to politics, I can this possible deal, it is important to re- fied information require that informa- tell you that the people in Florida are member that no one agency, State, or tion be properly marked so that the re- very agitated. I have been there the leader is going to solve this crisis cipient knows what is and is not classi- last two weekends, and I can tell you it alone. Those who saw this virus as a fied. is the No. 1 issue on their minds. The political opportunity are the ones who In the past, when the Judiciary Com- fact that some of our Republican col- got us into this mess of delay, month mittee, which I chair, needed to sepa- leagues—particularly in the House of after month. The virus is not a polit- rate classified information from un- Representatives—are willing to put ri- ical opportunity; it is a public health classified information, the Office of diculous riders on the Zika funding bill emergency. To stop the spread of the Senate Security very simply looked at and insist on that for three votes—let virus, we are going to have to do what the markings on the paper and pro- me take you back. Remember, we had we did months ago—come together in a vided copies of the unclassified infor- an overwhelming, bipartisan vote in bipartisan fashion. mation without any restrictions, but this Senate for $1.1 billion to get at it. As Congress comes together to fi- that has not been done in this specific To do what? Local mosquito control, nally act, we are going to need leaders case. Why not? Because the FBI has in- health care assistance, and continued across the country to act prudently structed the Senate office that handles research on the vaccine. We are an- and expeditiously to put these funds to classified information not to separate other 1 year or 2 years away from the use as quickly as possible. the unclassified information which vaccine, but the Food and Drug Admin- Members of Congress, pass the Zika could then be made public. Think istration is ready to go with the first bill. We need it now. about that. The FBI, part of the execu- trial. It takes money. They have run I yield the floor. tive branch of government, is instruct- out of money. We need to do it. The The ACTING PRESIDENT pro tem- ing a Senate office about how to handle Senate recognized that. pore. The Senator from Iowa. unclassified information.

VerDate Sep 11 2014 00:54 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.010 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5495 Our Constitution creates a carefully from using those documents. The selec- though it is unclassified. If I honor the balanced system of separation of pow- tive releases of some of the documents FBI’s instructions not to disclose the ers—executive, judicial, legislative. deprives Congress and the public of the unclassified information it provided to The executive branch cannot instruct a full context. It is not fair to the public, Congress, I cannot explain why. legislative branch office to keep infor- to the Congress, or to Secretary Clin- Meanwhile, the New York Times has mation from the public unless the leg- ton. That is why, using common sense, reported that a second computer expert islative branch agrees or there is a even Secretary Clinton has called for that worked on Secretary Clinton’s legal basis for keeping the information information to be released in full. I servers for a contractor was also given secret. agree with her 100 percent. immunity by the Department of Jus- There are laws governing the han- The FBI says it sent these documents tice. The Department of Justice didn’t dling of classified information, but to the Hill in keeping with our over- inform Congress about the immunity those laws cannot and should not be sight responsibilities. Well, oversight deal. The Department of Justice is used to shield unclassified FBI docu- and investigation mean more than just briefing the New York Times anony- ments from public scrutiny and vig- receiving whatever information the mously while refusing to answer ques- orous constitutional, congressional FBI provides. Independent oversight tions from its oversight committee oversight. But even setting aside the means double-checking the facts, it about the immunity deals. constitutional concerns, what is hap- means contacting witnesses, and it Why is it the New York Times gets pening now is totally inconsistent with means asking followup questions. We information for investigation, but the the executive branch’s own rules and can’t use these documents to help us Committee of Commerce doesn’t get regulations regarding classified infor- perform these three steps if they are that same information? At the same mation. This is what Executive Order locked away in the basement of this time, the FBI is putting a stranglehold No. 13526 says: building. In order to do its job, the on unclassified documents that de- The classification authority shall, when- committee will have to refer to these scribe what these witnesses said to the ever practicable, use a classified addendum documents in the course of speaking to FBI. This is the opposite of the trans- whenever classified information constitutes other witnesses and writing oversight parency which we are told by the FBI a small portion of an otherwise unclassified letters. This is principles of investiga- is so important because this is a high- document or prepare a product to allow for tion 101—very elementary. profile case. the dissemination at the lowest level of clas- The FBI is still trying to have it both The other witness granted immu- sification or in unclassified form. ways. At the same time the FBI talks nity—Bryan Pagliano—pled the Fifth That is the quote from Executive about ‘‘unprecedented transparency,’’ to Congress. Congress has a right to Order No. 13526. The binder the FBI de- it is placing unprecedented hurdles in question these individuals. They have livered containing interview reports is, the way of congressional oversight of reportedly received some sort of immu- very largely, unclassified. The vast ma- unclassified law enforcement matters. nity for their cooperation with the jority of these reports are unclassified It turns over documents but with FBI. The public ought to know what in full and the rest have only a few strings attached. It unilaterally in- information they provided in exchange classified paragraphs in each one. structed the Senate to keep them se- for a get-out-of-jail-free card. According to the executive order I cret, even though they are unclassified. The American people deserve the just quoted, the FBI—part of the exec- They want to keep the information whole truth. The public’s business utive branch of government—should locked up. If we honor that instruction, ought to be public, and if it is not clas- have provided a separate set containing we cannot do our constitutional duty sified, then all the facts should be part primarily classified material that of acting as an independent check on of the public discussion. could not be separated from an unclas- the executive branch and, in this case, Inaccuracies are spreading because of sified portion. the FBI. the FBI’s selective release. For exam- Further, that same executive order At least the FBI has publicly re- ple, the FBI’s recently released sum- states—and I want everybody to get leased small portions of this unclassi- mary memo may be contradicted by this quote: ‘‘In no case shall informa- fied material I am talking about. How- other unclassified interview summaries tion be classified, continued to be ever, that selective release has contrib- that are being kept locked away from maintained as classified, or fail to be uted to inaccuracies in the public dis- the public. Unfortunately, the public declassified in order to: prevent or cussion of this issue. That is why I can’t know without disclosure of infor- delay the release of information that agree with Secretary Clinton that it mation, that the FBI has instructed does not require protection in the in- should all be released as soon as pos- the Senate not to disclose. terest of national security.’’ sible. I have objected to those restrictions. That is an executive order that ought Here is why: On Tuesday, the Boston I have written to the Office of Senate to bind the FBI. Unclassified material Globe article wrote about evidence Security twice, noting that the Judici- is, by definition, information that does from the publicly released FBI sum- ary Committee did not agree to those not require protection in the interest mary that suggests an engineer for an restrictions. I have asked the FBI to of national security. Yet contrary to IT company managing the server may provide the unclassified material di- this executive order, it is being locked have intentionally deleted emails, even rectly to the committee. That letter away from the public and even most though that engineer knew they were has not been answered. congressional staff and maintained as the subject of a congressional inves- These kinds of restrictions and docu- if it were classified. tigation subpoena. ment controls on unclassified informa- Americans deserve accountability That is the article I asked for and re- tion have no legal basis and there is no from their government. There will not ceived permission to put into the CON- authority for them. They are unprece- be any accountability if the Federal GRESSIONAL RECORD. dented and out of bounds. They violate Government is not transparent. The The timeline of that deletion the the executive order I quoted—the exec- American people deserve to know the Boston Globe is talking about occurred utive order on classified information— truth. I want to be clear with the around the conference call with that and they intrude on Congress’s con- American people about what is going engineer, Cheryl Mills, and David Ken- stitutional authority of oversight. on here. If the FBI wants to provide dall—Hillary Clinton’s lawyers. Rely- This is not only an issue for the Judi- unclassified information to Congress ing on the publicly available informa- ciary Committee, this isn’t only an but also keep it hidden from the public, tion, some have claimed the engineer issue in regard to what the FBI inves- then it should discuss the issue with deleted the emails on his own volition. tigated or didn’t investigate in regard the committee and negotiate any re- Whether he did so on his own or at to Secretary Clinton, this is an issue strictions beforehand. It should not be the instruction of somebody else is of for every Senator—all 100 Members of allowed to unilaterally impose its will course a very key question, and there the Senate—and every Senate com- on its oversight committee by deliv- is key information related to that issue mittee to give deep consideration to ering documents with all kinds of re- that is still being kept secret, even because Senators need to consider the strictions that prevent the committee though—it is being kept secret—even consequences of allowing the executive

VerDate Sep 11 2014 00:54 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.011 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5496 CONGRESSIONAL RECORD — SENATE September 12, 2016 branch to unilaterally impose restric- It was the second time in two months that Chaffetz said a series of events in the days tions on unclassified information like Republicans urged authorities to open an in- leading up to the deletions, including a con- this and tell a separate branch of gov- quiry related to Clinton. ference call with Clinton’s lawyers and the ernment what we can do under the Representative Jason Chaffetz of Utah, creation of a work ticket, ‘‘raises questions chairman of the House Oversight and Gov- about whether Secretary Clinton, acting Constitution. ernment Reform Committee, said the e-mails through her attorneys, instructed PRN to de- Every Senator should realize, if this should not have been deleted because there stroy records relevant to the then-ongoing is allowed to stand, that other agencies were orders in place at the time from two congressional investigations.’’ will be able to abuse the system to un- congressional committees to preserve mes- Democrats said Chaffetz’s facts were dermine transparency, and we need sages on the account. wrong. The FBI’s memo shows that the transparency in government to have ‘‘The department should investigate and Platte River employee who deleted the docu- accountability in government. The determine whether Secretary Clinton or her ments ‘‘did so on his own volition and before Senate should not allow its controls on employees and contractors violated statutes the conference call with Clinton’s attor- that prohibit destruction of records, obstruc- classified material to be manipulated neys,’’ said Jennifer Werner, a Cummings tion of congressional inquiries, and conceal- spokeswoman. to hide embarrassing material from ment or coverup of evidence material to a The FBI said it was later able to find some public scrutiny, even when that mate- congressional investigation,’’ Chaffetz said of the e-mails, but it did not say how many rial is unclassified. in a letter to the US attorney’s office for the had been deleted or whether they were in- The FBI ought to do what it should District of Columbia. cluded in the 60,000 e-mails that Clinton said have done from the very beginning: re- Chaffetz also sent a letter to the Denver- she had sent and received as secretary of lease all the unclassified information based company that housed the account, state from 2009 to 2013. to the public. Platte River Networks, with a request for When Director Comey told me that documents and information related to the [From The New York Times, Sept. 8, 2016] account and the deletions. JUSTICE DEPT. GRANTED IMMUNITY TO SPE- he was going to bring these binders to Since FBI Director James B. Comey an- the Hill and cooperate with Congress, CIALIST WHO DELETED HILLARY CLINTON’S nounced July 5 that the bureau would rec- EMAILS giving us this information, I raised this ommend that Clinton not be charged in con- (By Adam Goldman and Michael S. Schmidt) very question with him in that tele- nection with her use of the account, Repub- phone conversation. licans have pushed the Justice Department WASHINGTON.—A computer specialist who Now more than ever, the public has a to continue investigating her. deleted Hillary Clinton’s emails despite or- right to know the whole picture and all Just five days after Comey’s announce- ders from Congress to preserve them was given immunity by the Justice Department the facts gathered by the FBI. Let the ment, they asked the department to open an inquiry into whether Clinton had lied in Oc- during its investigation into her personal people see all of the evidence, and let tober when she testified before the com- email account, according to a law enforce- the people judge for themselves. That mittee investigating the 2012 attacks in ment official and others briefed on the inves- would be true transparency. Benghazi, Libya. tigation. As a constitutionally elected official, Clinton dismissed Chaffetz’s request when Republicans have called for the depart- I have an obligation to my constitu- asked about it by reporters on her campaign ment to investigate the deletions, but the ents to represent them, be honest with plane in Tampa, Fla. ‘‘The FBI resolved all immunity deal with the specialist, Paul them, assist them to the best of my of this,’’ she said. ‘‘Their report answered all Combetta, makes it unlikely that the re- quest will go far. Representative Jason abilities, and to make sure that what is the questions; the findings included debunk- ing the latest conspiracy theories.’’ Chaffetz of Utah, the top Republican on the the public’s business actually is public. Representative Elijah E. Cummings, the House oversight committee, asked the Jus- I cannot in good conscience do that top Democrat on the Oversight and Govern- tice Department on Tuesday to investigate when the FBI attempts to assert a vise ment Reform Committee, said the request whether Mrs. Clinton, her lawyers or the spe- grip on unclassified information that for another investigation was ‘‘just the lat- cialist obstructed justice when the emails would be helpful in answering the calls est misguided attempt to use taxpayer funds were deleted in March 2015. and letters from my constituents. How to help the Republican nominee, Donald Mr. Combetta is one of at least two people can I look Americans in the eye and Trump, and to essentially redo what the FBI who were given immunity by the Justice De- partment as part of the investigation. The tell them that I have answers but can’t has already investigated because Repub- licans disagree with the outcome for polit- other was Bryan Pagliano, a former cam- share those answers because the FBI ical reasons.’’ paign staff member for Mrs. Clinton’s 2008 says so, even though the answers come The Republicans’ request has been met presidential campaign, who was granted im- from unclassified information? with silence from the Justice Department munity in exchange for answering questions So to my fellow Americans but most and the FBI, and prosecutors have shown no about how he set up a server in Mrs. Clin- importantly to my colleagues here in indication that they are willing to open an- ton’s home in Chappaqua, N.Y., around the the Senate, in times like these, I can- other investigation. Legal analysts have said time she became secretary of state in 2009. not help but think about a quote from making a perjury case against Clinton would The F.B.I. described the deletions by Mr. Combetta in a summary of its investigation Thomas Jefferson: ‘‘It is the people, to be hard. The FBI released 58 pages of investigative into Mrs. Clinton’s account that was re- whom all authority belongs.’’ It is the documents Friday related to its inquiry into leased last Friday. The documents blacked Federal Government that works for us; Clinton’s e-mail practices and whether she out the specialist’s name, but the law en- we do not work for the Federal Govern- and her aides mishandled classified informa- forcement official and others familiar with ment. Facts and information gathered tion. The documents included a summary of the case identified the employee as Mr. by public officials that are relevant to an interview agents conducted with her and Combetta. They spoke on the condition of the debate over a public controversy a memorandum about the case. anonymity because they did not want to be belong to the public. I urge my col- According to the documents, a top aide to identified discussing matters that were sup- Clinton told Platte River Networks in De- posed to remain confidential. leagues to discuss and resolve this cember 2014 to delete an archive of e-mails Brian Fallon, a spokesman for Mrs. Clin- issue together. from her account. But Platte River appar- ton’s presidential campaign, said that the I will continue to do everything in ently never followed those instructions. deletions by the specialist, who worked for a my power to ensure that the full set of Roughly three weeks after the existence of Colorado company called Platte River Net- facts is brought to light. the account was revealed in March 2015, a works, had already been ‘‘thoroughly exam- There being no objection, the mate- Platte River employee deleted e-mails using ined by the F.B.I. prior to its decision to rial was ordered to be printed in the a program called BleachBit. By that time, close out this case.’’ RECORD, as follows: both Chaffetz’s committee and the special ‘‘As the F.B.I.’s report notes,’’ Mr. Fallon committee investigating the Benghazi at- said, ‘‘neither Hillary Clinton nor her attor- [From The Boston Globe, Sept. 6, 2016] tacks had called for the e-mails to be pre- neys had knowledge of the Platte River Net- HOUSE REPUBLICANS SEEK INQUIRY ON WHETH- served, according to Chaffetz. work employee’s actions. It appears he acted ER CLINTON OBSTRUCTED JUSTICE OVER E- ‘‘This timeline of events raises questions on his own and against guidance given by MAILS as to whether the PRN engineer violated fed- both Clinton’s and Platte River’s attorneys (By Michael S. Schmidt) eral statutes that prohibit destruction of to retain all data in compliance with a con- WASHINGTON.—House Republicans asked evidence and obstruction of a congressional gressional preservation request.’’ the Justice Department on Tuesday to inves- investigation, among others, when the engi- A lawyer for Mr. Combetta and a spokes- tigate whether Hillary Clinton, her lawyers, neer erased Secretary Clinton’s e-mail con- man for the Justice Department declined to and the company that housed her e-mail ac- trary to congressional preservation orders comment. count obstructed justice when e-mails were and a subpoena,’’ Chaffetz said in the letter In July, the F.B.I. director, James B. deleted from her personal server. to Platte River. Comey, announced that the bureau would

VerDate Sep 11 2014 03:54 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.012 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5497 not recommend that Mrs. Clinton and her The WRDA bill 2016 has a solution to going to have to treat the water and it aides be charged with a crime for their han- the problem. We have a project that is going to cost $14 million. They don’t dling of classified information on the ac- will fix Lake Okeechobee to prevent have any access to that kind of money. count. Five days later, Mr. Chaffetz—who has led this problem in the future. I suggested last week that there are a the charge in raising questions about the I know a little bit about this because lot of similar problems. So this goes a F.B.I.’s decision—asked prosecutors to inves- a lot of people are not aware that in long way to correcting these unfunded tigate whether Mrs. Clinton had lied to Con- my State of Oklahoma we have more mandates. When I was mayor of Tulsa, gress about her email account in testimony miles of freshwater shoreline than any the biggest problem we had was un- in October before the special committee in- of the 50 States. That is because most funded mandates. vestigating the 2012 attacks in Benghazi, of them are manmade lakes. They have Without this bill, there will be no Libya. That request has been met with si- a dam down here with lots of shoreline new assistance for innovative ap- lence from the Justice Department. The House oversight committee has asked going around them, but, nonetheless, I proaches to clean water and drinking officials from Platte River Networks, Mr. had a personal experience with what water needs, and there will be no pro- Combetta and others to appear at a hearing they call blue-green algae. You think tection for coal utilities from runaway before his committee on Tuesday about how you are on your deathbed when you are coal ash lawsuits. We will be address- the email account was set up and how the there. ing this and recognizing that there is a messages were deleted. This chart behind me shows a plume great value to coal ash if properly used. According to the F.B.I. documents, Mr. in St. Lucie, FL. It is a picture of an These are not State problems or even Combetta told the bureau in February that algae plume caused by deteriorating regional problems, but what we have is he did not recall deleting the emails. But in May, he told a different story. water conditions. Not only are these a bill that addresses problems faced by In the days after Mrs. Clinton’s staffers plumes environmentally hazardous, but our Nation as a whole. called Platte River Networks in March 2015, they also are economically debilitating To reiterate how important this bill Mr. Combetta said realized that he had not to communities living along South is, I want to give a few more real exam- followed a December 2014 order from Mrs. Florida’s working coastline. Commu- ples to show how the problems we are Clinton’s lawyers to have the emails deleted. nities along the coast depend on clean, facing now are affecting our citizens, Mr. Combetta then used a program called freshwater flows to drive tourism. the people who sent us here, and in BleachBit to delete the messages, the bureau Just weeks ago, we saw historic Washington, this is what we are sup- said. In Mr. Combetta’s first interview with the flooding in Baton Rouge, LA, and we posed to be doing. F.B.I. in February, he said he did not recall have seen communities destroyed and The water resources of this bill ex- seeing the preservation order from the lives turned upside down. In this pand our economy and protect infra- Benghazi committee, which Mrs. Clinton’s WRDA bill, there are two ongoing structure and lives by authorizing new lawyer, Cheryl D. Mills, had sent to Platte Corps projects that will prevent the navigation, flood control, and eco- River. But in his May interview, he said that damages we saw. WRDA 2016 directs system restoration projects, all based at the time he made the deletions ‘‘he was the Corps to expedite the completion of on a recommendation from the Corps of aware of the existence of the preservation re- Engineers and a determination that quest and the fact that it meant he should these projects. not disturb Clinton’s email data’’ on the The second chart shows the flooding the projects will provide significant na- Platte River server. in Baton Rouge, LA. We can no longer tional benefits. Mr. GRASSLEY. Mr. President, I use a fix-as-it-fails approach as it con- The Corps has built 14,700 miles of suggest the absence of a quorum. cerns America’s flood control. There is levees that protect billions of dollars’ The ACTING PRESIDENT pro tem- just too much on the line. We are not worth of infrastructure and homes. pore. The clerk will call the roll. just talking about economic loss but These are referred to as high-hazard The senior assistant legislative clerk devastating floods. We have all seen dams or high-hazard levees, and that proceeded to call the roll. that, experienced that, and we are definition means that if something Mr. INHOFE. Mr. President, I ask talking about loss of human life. So happens to one, people will die. It is unanimous consent that the order for this is not an option. not saying people will be hurt; people the quorum call be rescinded. Last year there were several colli- are going to die. We have many exam- The PRESIDING OFFICER (Mr. SUL- sions in the Houston Ship Channel. Due ples of that so the Corps projects near- LIVAN). Without objection, it is so or- to a design deficiency, the channel is ly $50 billion a year in damages. Many dered. too narrow and the Coast Guard has de- of these levees were built a long time Mr. INHOFE. Mr. President, I ask clared it to be a precautionary zone. ago and some have failed just recently. unanimous consent that I be recog- The Houston Ship Channel collision in Chart 4 is the Iowa River levee nized for such time as I may consume. 2015 was a serious one, and without this breach. If that doesn’t tell the story, The PRESIDING OFFICER. Without bill, the navigation safety project to the significance of this—this is a levee objection, it is so ordered. correct this problem will not move for- in Iowa that was overtopped and even- Mr. INHOFE. Mr. President, we are ward. tually breached by disastrous flood- going to have a vote here shortly, and Last week I spoke about what we will waters. In many cases, levees like this it is going to be one of the major, sig- lose if we don’t pass this important leg- one were constructed by the Army nificant votes. islation. There are 29 navigation flood Corps of Engineers decades ago but no First of all, I know the occupier of control and environmental restoration longer meet the Corps’ post-Katrina the Chair is very aware of the things projects that will not happen. There engineering and design guidelines. we have been doing in the committee will be no new Corps reforms to let WRDA 2016 will end the bureaucratic called Environment and Public Works. local sponsors improve infrastructure nightmare local levee districts face by Most of the stuff we have been doing is at their own expense. I am talking allowing them to increase the level of very meaningful, including the high- about this for a minute because this is flood protection most of the time at way bill, the chemical bill, and now the significant. They are willing to spend their own expense when the Corps is re- WRDA bill. These are all things that their own money and yet it is not legal building after a flood—something they have to be done. for them to do. We correct that. can’t do now. Last week I talked about the WRDA There will be no FEMA assistance to Let’s look at the economic benefits bill and why it is important to pass it States to rehabilitate unsafe dams. of investing in our Nation’s port and now. Just to take a look at some of the There will be no reforms to help com- inland waterway system. We need to major news stories from the past few munities address clean water and safe invest in our ports and inland water- months, earlier this summer we saw drinking water infrastructure man- way system to keep the cost of goods algae wash up on the beaches of Flor- dates. This is something that those of low. If we don’t do that, costs will go ida. This is a problem that will have us from rural States—in my State of up, and of course we want to keep cre- significant impact on the health of Oklahoma, we have a lot of small com- ating good-paying jobs. Floridians, as well as negatively im- munities, and there is nothing that WRDA 2016 has a number of provi- pacting Florida’s biggest industry— horrifies them more when they have an sions that will ensure we grow the tourism. unfunded mandate. They say we are economy, increase our competitiveness

VerDate Sep 11 2014 02:17 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.006 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5498 CONGRESSIONAL RECORD — SENATE September 12, 2016 in the global marketplace, and pro- supposed to do it every 2 years, then CLOTURE MOTION mote long-term prosperity. These pro- starting in 2014, we are going to do it. We, the undersigned Senators, in accord- visions include important harbor-deep- The best evidence of that is that we are ance with the provisions of rule XXII of the ening projects, such as those in going to do it tonight. Standing Rules of the Senate, do hereby Charleston, SC; Port Everglades, FL; So we will have a 2016 budget. Doing move to bring to a close debate on Senate and Brownsville, TX. this will help us modernize the water amendment No. 4979. Take Charleston as an example. They transportation infrastructure through Mitch McConnell, James M. Inhofe, John Cornyn, Orrin G. Hatch, Shelley Moore have a 45-foot harbor. Now that they flood protection and environmental Capito, Thom Tillis, Dan Sullivan, have expanded the Panama Canal and restoration around the country. The Mike Rounds, Marco Rubio, Cory Gard- we have the boats called Panamax ves- process we follow in this is very open. ner, , Pat Roberts, David sels going through—those are the great I think one of the reasons we have been Vitter, Roy Blunt, John Barrasso, big vessels, and this poster gives you successful in our committee doing the Roger F. Wicker, Steve Daines. an idea of what can be carried on those. Transportation bill, the chemical bill, The PRESIDING OFFICER. By unan- The problem with the Panamax vessels and now this bill, is because everybody imous consent, the mandatory quorum is that they take up 50 to 51 feet in the knows what is going on and they have call has been waived. harbor. What happens to Charleston, time to determine what is the best The question is, Is it the sense of the SC, if they have the big vessels coming thing for their State. Senate that debate on amendment No. through the Panama Canal, coming up Way back on December 9, we sent 4979, offered by the Senator from Ken- to come into our harbors in the United this bill from the committee to all tucky, Mr. MCCONNELL, to S. 2848, shall States, they have to instead go into Members of the Senate saying: We are be brought to a close? one of the harbors in the Caribbean and going to do the WRDA bill, so go ahead The yeas and nays are mandatory divide up the containers. It is very ex- and start working on amendments. under the rule. pensive. That is just one of several of They did that, and then, of course, for The clerk will call the roll. the harbors we are working on. the last few weeks, we have been talk- The legislative clerk called the roll. Everyone knows the Corps’ mainte- ing about getting amendments down to Mr. CORNYN. The following Senators nance budget is stretched thin, but the floor, and we have done that. We are necessarily absent: the Senator WRDA 2016 comes up with a solution. brought a substitute amendment that from Indiana (Mr. COATS), the Senator This is a solution that we have in the was a result of that work to the full from Arizona (Mr. FLAKE), the Senator bill we will be voting on, and we will Senate on September 8. That amend- from South Carolina (Mr. GRAHAM), the have the major vote tonight. In the ment included over 40 provisions that Senator from Alaska (Ms. MURKOWSKI), WRDA bill, we will let local sponsors, were added after the committee mark- the Senator from Georgia (Mr. such as ports, either give money to the up. PERDUE), and the Senator from Penn- Corps to carry out the maintenance or Finally, last week I came to the floor sylvania (Mr. TOOMEY). get in and start maintaining using and let all of you know that Senator Further, if present and voting, the their own dollars. That is something BOXER and I needed to see your amend- Senator from Pennsylvania (Mr. you would think they could do now, ments by noon on Friday for the man- TOOMEY) would have voted ‘‘yea.’’ but they can’t. That is in this bill. agers’ package. By noon on Friday, we Mr. DURBIN. I announce that the That was the major thing the ports had amendments in. We considered Senator from Virginia (Mr. KAINE), the were pushing for in this bill. some 35 provisions, and we have ad- Senator from Nevada (Mr. REID), and What about in communities? I men- dressed most of these—I think to some the Senator from Vermont (Mr. SAND- tioned that in my State of Oklahoma, degree all of them. Now those provi- ERS) are necessarily absent. we have a lot of rural towns that don’t sions are in the Inhofe-Boxer amend- I further announce that, if present really have the resources to do a lot of ment that we filed today and hope to and voting, the Senator from Virginia these things in the form of mandates. get consent to adopt shortly after the (Mr. KAINE) would vote ‘‘yea.’’ The bill provides Federal assistance to cloture vote tonight. The ACTING PRESIDENT pro tem- communities facing unaffordable EPA This has been a very open and colle- pore. Are there any other Senators in safe water and clean water mandates. gial process, and all Members have had the Chamber desiring to vote? WRDA 2016 targets these Federal dol- their concerns and priorities heard. We The yeas and nays resulted—yeas 90, lars to those who need it the most. I have done our best to address Members’ nays 1, as follows: know that years ago when I was the priorities. After cloture this evening, mayor of Tulsa, that was the biggest we will continue to do our best to clear [Rollcall Vote No. 138 Leg.] concern we had, and it is even more of germane amendments until final pas- YEAS—90 a concern in these small communities. sage this week. Alexander Ernst Murphy So we do it by having assistance for I am very excited that we are going Ayotte Feinstein Murray Baldwin Fischer Nelson smaller, disadvantaged communities, to be able to get this done. A lot of peo- Barrasso Franken Paul with priority for underserved commu- ple sit back and say that nothing ever Bennet Gardner Peters nities that lack basic water infrastruc- gets done in Washington. I have to say Blumenthal Gillibrand Portman Blunt Grassley Reed ture; assistance for lead service line re- that in our committee we get things Booker Hatch Risch placement, with a priority for dis- done, and we are going to get this done Boozman Heinrich Roberts advantaged communities; and assist- tonight. Boxer Heitkamp Rounds ance to address the very costly sewer With that, I yield the floor. Brown Heller Rubio Burr Hirono Sasse overflow system. I suggest the absence of a quorum. Cantwell Hoeven Schatz It is worth noting that all the money The PRESIDING OFFICER. The Capito Inhofe Schumer in this bill is either subject to the clerk will call the roll. Cardin Isakson Scott The legislative clerk proceeded to Carper Johnson Sessions Budget Control Act caps that govern Casey King Shaheen the annual appropriations bills or is call the roll. Cassidy Kirk Shelby fully offset. Mr. CORNYN. Mr. President, I ask Cochran Klobuchar Stabenow This is an introduction to economics. unanimous consent that the order for Collins Lankford Sullivan the quorum call be rescinded. Coons Leahy Tester By passing this legislation and secur- Corker Manchin Thune ing the appropriate funding, we can im- The PRESIDING OFFICER. Without Cornyn Markey Tillis prove economic opportunities for all objection, it is so ordered. Cotton McCain Udall Crapo McCaskill Vitter Americans. This is a critical moment. CLOTURE MOTION Cruz McConnell Warner We must get back to regular order, The PRESIDING OFFICER. Pursuant Daines Menendez Warren passing WRDA every 2 years. We went to rule XXII, the Chair lays before the Donnelly Merkley Whitehouse through a period in 2007—we didn’t Senate the pending cloture motion, Durbin Mikulski Wicker have a WRDA bill following that until which the clerk will state. Enzi Moran Wyden 2014. The year 2014 was the last time we The assistant bill clerk read as fol- NAYS—1 did it. We decided then that if we are lows: Lee

VerDate Sep 11 2014 03:54 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.024 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5499 NOT VOTING—9 Matthew began college at Marquette I was crying. I was afraid. And he would Coats Murkowski Toomey University in Milwaukee. In paying just listen and tell me he loved me and that Flake Perdue tribute to Matthew, one of his fellow it was going to be OK. Graham Reid For America it will be OK, as long as Kaine Sanders resident assistants said: ‘‘He was one of the best humans I ever knew.’’ He men and women of the caliber and spir- The ACTING PRESIDENT pro tem- transferred to Concordia University in it of Staff Sergeant Thompson con- pore. On this vote, the yeas are 90, the California, where he earned a degree in tinue to stand on our behalf and in de- nays are 1. theological studies and met his wife fense of our freedom. Three-fifths of the Senators duly cho- Rachel. May God bless and comfort Staff Ser- sen and sworn having voted in the af- Rachel Thompson says Matthew was geant Thompson’s loved ones. May He firmative, the motion is agreed to. reluctant to date at first because of his watch over all those who answer our The Senator from Wisconsin. plans to serve in the military. She said: Nation’s call. May God bless America. f ‘‘He knew he wanted to go into a really Mr. President, I yield the floor. MORNING BUSINESS specialized, extremely dangerous job.’’ I suggest the absence of a quorum. The ACTING PRESIDENT pro tem- Mr. JOHNSON. Mr. President, I ask His first thought was to spare her the possible pain. pore. The clerk will call the roll. unanimous consent that the Senate be The senior assistant legislative clerk That danger was real. Staff Sergeant in a period of morning business, with proceeded to call the roll. Thompson served as a medic with Senators permitted to speak therein Mr. MCCONNELL. Mr. President, I America’s elite forces in hazardous for up to 10 minutes each. ask unanimous consent that the order places. He was first deployed to Iraq The ACTING PRESIDENT pro tem- for the quorum call be rescinded. and then to Afghanistan. The mission pore. Without objection, it is so or- The ACTING PRESIDENT pro tem- he and his unit were on was considered dered. pore. Without objection, it is so or- to be ‘‘noncombat’’—advising Afghan f dered. forces on how to free their country HONORING OUR ARMED FORCES from ongoing attacks by the Taliban, f STAFF SERGEANT MATTHEW VAIL THOMPSON Islamic terrorists who seek to reimpose NATIONAL POW/MIA RECOGNITION Mr. JOHNSON. Mr. President, I come their oppressive rule. Their mission DAY to the floor to pay tribute to an Amer- was noncombat in name only, but Staff Mr. CRAPO. Mr. President, in honor ican soldier who has given his last full Sergeant Thompson and his unit were of National POW/MIA Day, today I measure of devotion to this Nation and patrolling ‘‘outside the wire.’’ They wish to pay tribute to our Nation’s to the noble pursuits of liberty and were exposed to every danger. They servicemembers who have been taken peace. were patrolling on foot, looking for im- as prisoners of war, POWs, and those Twenty-eight-year-old SSG Matthew provised explosive devices left by an missing in action, MIA. I also pray for Vail Thompson grew up in Brookfield, enemy that seeks to kill indiscrimi- resolution for the military families WI, and was a proud member of the nately. One of those bombs went off, who await answers about their loved Army Special Forces. Tragically, on killing six Afghan soldiers, wounding ones and thank those who work to en- August 23, 2016, he became the second another American soldier, and taking sure that all our Nation’s veterans are American this year to lose his life the life of Matthew—a courageous accounted for and their service is not while on combat duty in Afghanistan. young man who was defending the lib- forgotten. Staff Sergeant Thompson was truly erties on which this Nation was found- A great source of pride and comfort one of the finest among us. I had the ed, liberties our Founders said are the in being an American is knowing that honor of attending a memorial service birthright of everyone on Earth. if we get in harm’s way, strong and re- for Matthew at his family’s church in For 240 years, our service men and sourceful Americans stand with us. Un- Brookfield, where hundreds of his women have defended those liberties, fortunately, 10, 20, 30, 40, 50, 60 and friends and family members paid their and they have paid a very high price. even 70-plus years have passed since final respects. They loved him, of Since the Revolutionary War, more some Americans have gone unac- course, but they also admired him. than 42 million men and women have counted for while serving our Nation, They told stories of a generous young served in our military, and more than and they have yet to be returned home. man, adventurous, and always ready to 1 million of these heroes have died in The Defense POW/MIA Accounting make friends. His father spoke about that service. Staff Sergeant Matthews’ Agency reports that more than 83,000 and his pastor read us something Mat- home State has done its part. Since Americans remain missing from World thew wrote 10 years ago, a list of ‘‘all statehood, more than 27,000 of Wiscon- War II, the Korean war, the Vietnam the little things’’ that make life sweet- sin’s sons and daughters have died in war, the Cold War, and the Gulf wars er. In effect, 10 rules to live by. It military service. Every one of us wish- and other conflicts. This includes 333 shows striking maturity, especially for es they could have lived in peace, to Idahoans who have not been recovered a young man still in his teens when he fulfill their hopes and dreams, to en- following World War II and 25 Idahoans and his best friend wrote the rules. rich this country in ways we will never who remain unaccounted for who Now, the rules are actually quite know. Every one of us is grateful that served in the Korean war. Additionally, deep, and there is an awful lot written, when freedom demanded such sacrifice, eight Idahoans went missing while but I just want to read the 10 rules bul- they stood on guard for America. serving in the Vietnam war and remain let points and just refer everybody to A nation’s gratitude can scarcely missing: Capt. Jon K. Bodahl, Capt. my Web site for the full rules and all comfort those who loved Matthew Curtis R. Bohlscheid, CPT Gregg N. he has written. Thompson and who suffer his loss. His Hollinger, ENS Hal T. Hollingsworth, 1. Never grow up. wife Rachel, his parents Mark and SSG William B. Hunt, 1LT William E. 2. Learn. Linda, and his sisters Karen and Lemmons, LT Roderick L. Mayer, and 3. Never have any regrets. Robyn—but also his extended family, Warrant Officer Jon M. Sparks. Their 4. Live for the moment. his friends, and his band of brothers 5. Do what you love. names and service must be fixed in our 6. Pursue with a passion. and sisters in the Army. Our hearts go national attention. 7. Never settle. out to them, and I pray they will find My heart hurts for the thousands of 8. Always take time to listen and to talk. consolation and peace in fond memo- military families who have remained in 9. Keep a positive attitude. ries, in spite of their loss. limbo all these years. We can never for- 10. I need God and will live for Him. But a Nation’s gratitude, inadequate get their pain and the enduring service His father gave an extraordinary eu- as it may be, is what Staff Sergeant of all our service personnel who have logy about his son, and he asked the Thompson is fully due. Rachel Thomp- not made it home. We must be resolute congregation at the very end—he son recounted her last conversation in our duty to bring them home. That hoped, the congregation would learn with her husband. Because she knew he is part of our responsibility as a nation from what Matthew had written. was doing dangerous work, she said: to those Americans who have answered

VerDate Sep 11 2014 03:54 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.007 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5500 CONGRESSIONAL RECORD — SENATE September 12, 2016 the call of duty to defend our country During World War II, Joe was in- ing Southern New Hampshire Family and its interests. spired by the brave acts of servicemen Counseling Associates in 1975 and serv- As we pay tribute to POW/MIA fami- during the Battle of Guadalcanal. He ing as an instructor of psychology at lies and veterans, we cannot lose sight then enlisted in 1942, telling his sister, Rivier College in Nashua, Griff became of the ongoing price they bear for our ‘‘I’m going to war’’ to defend his na- an active and respected member of the freedoms and security. tion. Shortly thereafter, he was se- Nashua community. He was affiliated f lected for the Navajo Talkers’ School with numerous Nashua groups, includ- at Camp Elliot in San Diego where he ing the Nashua Rotary Club, the Nash- WELCOMING THE MONGOLIAN studied on his own at night and ardu- ua Youth Council, Nashua Planning DELEGATION TO PHILADELPHIA ously memorized those codes. On his Board, and Nashua Chamber of Com- Mr. CASEY. Mr. President, I wish to transport ship to Australia, where he merce. welcome the visit of Mongolian Presi- would join the 1st Marine Regiment, Griff Dalianis’s advocacy on behalf of dent Tsakhiagiin Elbegdorj to Phila- Joe conducted a Navajo ritual for safe his fellow veterans was unparalleled. In delphia on September 23, 2016. This is a return. Although such rituals were not addition to serving as chairman of the truly historic occasion. President allowed under military rules, he se- State Veterans Advisory Committee, Elbegdorj’s visit marks the beginning cretly used a piece of gum mixed with chairman of the U.S. Veterans Admin- of an important chapter in the rela- corn pollen he had brought from home istration Committee on Rehabilitation, tionship between our two countries and and spat the mixture into the ocean as civilian aide to the Secretary of the between the people of Pennsylvania he prayed to the Holy People. His faith Army, and receiving a Distinguished and the people of Mongolia. Despite the gave him the confidence he needed. Service Medal, Griff worked with Har- geographic distance between our coun- Joe received numerous awards and bor Homes, an organization in New tries, we have in common the pursuit honors including the Congressional Sil- Hampshire that provides transitional of a healthy democratic system of gov- ver Medal, Presidential Unit Citation, housing for homeless veterans. An ernance and of stability and economic Combat Action Ribbon, Naval Unit apartment house Griff worked to estab- prosperity in the region. Commendation, Good Conduct, Amer- lish with Harbor Homes was named I have no doubt that, during his visit, ican Campaign Medal, Asiatic-Pacific after him. As a result of his efforts, ap- President Elbegdorj will be impressed Campaign Medal, and WWII Victory proximately 40 veterans at risk of with the city of Philadelphia, the musi- Medal for his heroic service. homelessness now have homes. Griff cal talent of the Philadelphia Orches- After returning to the Navajo res- even had a weekly column in the Nash- tra, and the scholarship at the Univer- ervation, Joe returned to his trade as ua Telegraph called ‘‘Ask the Com- sity of Pennsylvania. Philadelphia is a carpenter and lived for over 60 years in mander.’’ truly global city, and the people of his same Sunnyslope home with his Griff leaves behind his wife, New Philadelphia are excellent cultural am- loving wife, Andrena, where they Hampshire Supreme Court Chief Jus- bassadors. I am pleased to share with watched his 5 sons, 15 grandchildren, tice Linda Stewart Dalianis, daughters my colleagues that, in 2017, the Phila- and 20 great-grandchildren grow. He Deborah A. Bischoff and Cynthia E. delphia Orchestra plans to embark on served as an inspiration for his fellow Godfrey, sons Matthew Dalianis and its tour of Asia, which will include an Navajo as a speaker at numerous Benjamin Dalianis, grandchildren Alli- unprecedented visit to Ulaanbaatar, events and sang the ‘‘Marine Corps son Bischoff and Mariah Willis, and Mongolia. Hymn’’ in his native language. Joe was many other family members and loved I want to convey my gratitude and a proud member of Veterans of Foreign ones. We are all deeply saddened by the appreciation for the Philadelphia Or- Wars post 9400 and loss of such an influential and exem- chestra, the University of Pennsyl- post 75 for many years. plary member of Nashua’s community vania, and the Philadelphians who are We owe a debt of gratitude to the and dear friend to so many. making this important visit possible. I sacrifices of selfless patriots like Joe Our thoughts and prayers are with want to express my best wishes to whose remarkable courage and patriot- Chief Justice Linda Dalianis and her President Elbegdorj, Foreign Minister ism will be long remembered by his family during this difficult time. Tsend Munkh-Orgil, Ambassador country. Griff’s legacy of service and advocacy Bulgaa Altangerel, and the rest of the f will live on in Nashua and across New delegation for a successful and produc- Hampshire, and we are forever grateful tive visit to Philadelphia. ADDITIONAL STATEMENTS that he called our great State home.∑ f f REMEMBERING JOE HOSTEEN REMEMBERING GRIFFIN DALIANIS REMEMBERING LIEUTENANT KELLWOOD ∑ Ms. AYOTTE. Mr. President, today I COLONEL EDWARD H. JOSEPHSON Mr. MCCAIN. Mr. President, today I recognize the extraordinary life of a ∑ Ms. AYOTTE. Mr. President, today I wish to join the entire State of Arizona dear friend and champion of veterans’ wish to recognize the exceptional serv- in mourning the passage of Joe rights, Griffin ‘‘Griff’’ Dalianis. ice and the extraordinary life of a dear Hosteen Kellwood this week. Joe, a Griff served with the 1st Special Op- friend and champion for veterans, Lt. decorated war hero, father, and grand- erations Group of the Strategic Air Col. Edward ‘‘Ed’’ H. Josephson, U.S. father, was a loyal servant and patriot Command in the U.S. Air Force from Air Force retired. of this country. It is with great respect 1961 to 1965. His service here may have Born in Syracuse, NY, on February that I commemorate the passing of this influenced his work later in life—Griff 21, 1938, to Edward Josephson and honorable man, who volunteered his was well known and loved in his com- Kathleen Beatrice, the family soon re- life during one of the most trying munity for his tireless work on behalf turned to Concord, NH, where Ed grew times for our Nation. of his fellow veterans. After his service, up. At an early age, he enjoyed hunting Joe will be remembered as one of the Griff Dalianis earned his bachelor’s de- and fishing, his paper route, and vis- legendary Navajo Code Talkers of gree in history and psychology from iting the New Hampshire Historical World War II, who developed the only Suffolk University in Boston, followed Building. Joining the New Hampshire Allied code that the enemy was never by a master’s degree of education. He Civil Air Patrol, Ed quickly encourage able to decipher. Using their unique then earned a certificate in advanced his love for flying, and during his sen- language skills, about 430 Native Amer- graduate study in counseling from ior year at Concord High School, he icans turned the tide of battle against Northeastern University in 1975 and learned of the new U.S. Air Force the Japanese, which military experts earned his doctorate of philosophy Academy, which would be accepting estimate shortened the war in the Pa- from California Western University in candidates for its first graduating cific. Their bravery, resourcefulness, 1982. class. and tenacity in the line of duty re- The next several years of Griff’s life Ed wrote a letter to Congressman mains a testament to their remarkable show a man who was deeply dedicated Perkins Bass and, soon after, received service. to serving others. In addition to found- a letter stating he had been nominated

VerDate Sep 11 2014 03:54 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.017 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5501 for the U.S. Air Force Academy. Not band, Joe; son, Lucas; their many tionwide for their work in providing long after that, he received a telegram friends and loved ones; and fellow Ida- children with loving, stable homes. from the Air Force Academy saying he hoans and Americans in celebrating Patrick and Laura’s adoption story had been accepted. In a long and distin- the hard work and dedication that paid began when Patrick was finishing up guished career flying transport planes off in Rio. Congratulations, Kristin, on his medical residency in Arkansas. for the U.S. Air Force, Ed visited all 50 bringing home the gold yet again. We Patrick and Laura, along with their States, many countries, and all 7 con- wish you continued success in all of three children, Jadon, Will, and David, tinents. your future challenges.∑ decided to foster Micah, a boy born pre- After his retirement from the U.S. f mature and coping with special needs. Air Force, Ed joined AVCO, which be- After hearing the statistics on chil- came Textron Systems Division. As- TRIBUTE TO DON BERNARD dren in foster homes, Patrick and suming many roles with many jobs and ∑ Mr. HELLER. Mr. President, today I Laura did not give a second thought; titles for Textron, he worked his way wish to congratulate Clark County they knew that fostering Micah would up to become vice president and om- School District special education give him the best chance to succeed. budsman, a title and job he thoroughly teacher Don Bernard on receiving the Soon after, the Munsons adopted enjoyed. Heart of Education Award. This award Micah. Ed Josephson has been a strong and is truly prestigious and attained by While the Munson family will tell effective advocate for many New only the most influential educators you that raising a child who has spent Hampshire veteran organizations, hav- throughout our State. time in foster care can sometimes ing served with great distinction as the The Heart of Education Award recog- present its challenges, they fully and chair of the legislative committee for nizes educators who have gone above wholeheartedly embrace their life with the New Hampshire State Veterans Ad- and beyond for their students. The Micah. Each year, awardees from all 50 visory Committee, and with the board Smith Center for the Performing Arts States, plus the District of Columbia of directors for the Military Officers honored 800 finalists for their excep- and Puerto Rico, are invited to come Association of New Hampshire. Ed was tional service to our Nation’s youth. Of together in Washington, DC, to partici- proud of his work in the U.S. Air Force those 800 finalists, 21 educators re- pate in events that celebrate their he- Academy Association, which was an ceived special recognition and an out- roic actions and enable them to use important part of his life. He believed standing commemorative Heart of Edu- their personal experience to effect the values expressed in the Honor Code cation Award for their dedication. Spe- cifically, Mr. Bernard was recognized change on a national level. were the most important, and he lived It is important that we recognize for his outstanding work with special his life by those values every day. families like the Munsons who fulfill Lt. Col. Ed Josephson passed away on education students. the roles of foster and adoptive par- September 4 with his family at his side. Mr. Bernard began his career as an ents. They open their hearts and homes He joins his daughter Karen Baker, attorney, working to assist juveniles to children in need of loving families. who predeceased him on December 22, who struggled within the justice sys- These families have bestowed a gift 2014, and leaves behind his wife, Judy tem. In 1997, he moved to Las Vegas onto others in an immeasurable way, Josephson, of 53 years, son Edward An- and continued his endeavors to aid vul- and the impact of their love is pro- drew ‘‘Andy’’ Josephson from Charles- nerable youth as a special needs teach- found. It brings me great pride to ton, SC, and granddaughter Monica er. For over a decade, Mr. Bernard has honor Patrick and Laura as my nomi- Louise Josephson of Bayreuth, Ger- been a dedicated Clark County School nees for the 2016 Angels in Adoption many, now living in Bucksport, ME, District educator, and he continues to Award.∑ his brother Michael A. Josephson from better the lives of special needs chil- Webster, NH, and many others. Our dren in and out of the classroom. f thoughts and prayers are with Judy Southern Nevada is fortunate to have MESSAGES FROM THE PRESIDENT and the family, but we are confident someone of such dedication working on Messages from the President of the that they will be comforted in knowing behalf of Nevada’s students. United States were communicated to that Ed’s legacy of service and advo- As a father of four children who at- the Senate by Mr. Pate, one of his sec- cacy will live on across New Hamp- tended Nevada’s public schools and as retaries. shire. We will be forever grateful that the husband of a teacher, I understand f he called our great State home.∑ the important role that educators play EXECUTIVE MESSAGES REFERRED f in enriching the lives of Nevada’s youth. Mr. Bernard has worked tire- As in executive session the Presiding TRIBUTE TO KRISTIN ARMSTRONG lessly to help prepare students across Officer laid before the Senate messages ∑ Mr. CRAPO. Mr. President, my col- southern Nevada to succeed in their from the President of the United league Senator JIM RISCH joins me academic endeavors, and I am grateful States submitting sundry nominations today in congratulating fellow Idahoan to have him serving as an ally to fu- and a withdrawal which were referred Kristin Armstrong on winning the gold ture generations of Nevadans. to the appropriate committees. medal in cycling at the XXXI Olympic I ask my colleagues and all Nevadans (The messages received today are Summer Games in Rio de Janeiro, to join me in thanking Mr. Bernard for printed at the end of the Senate pro- Brazil. his dedication to enriching the lives of ceedings.) Kristin Armstrong, of Boise, ID, rep- Nevada’s students and congratulating f resented our State and Nation with dis- him on receiving this award. I wish tinction, winning an unprecedented him well as he continues creating suc- MESSAGE FROM THE HOUSE third straight gold medal in the Olym- cess for all students who enter the At 3:02 p.m., a message from the pic cycling individual time trial. This Clark County School District.∑ House of Representatives, delivered by gold is another achievement in her re- f Mr. Novotny, one of its reading clerks, markable cycling career. She also took announced that the House has passed home the gold in the 2012 Olympics in TRIBUTE TO PATRICK AND LAURA the following bills, in which it requests London and the 2008 Olympics in Bei- MUNSON the concurrence of the Senate: jing after competing in the 2004 Olym- ∑ Mr. THUNE. Mr. President, today I H.R. 2357. An act to direct the Securities pics in Athens. In addition to her wish to recognize Patrick and Laura and Exchange Commission to revise Form S– Olympic and many other successes, Munson of Sioux Falls, SD, as my 3 so as to add listing and registration of a Kristin has earned two gold, a silver, nominees for the 2016 Angels in Adop- class of common equity securities on a na- tion Award. Since 1999, the Angels in tional securities exchange as an additional and a bronze medals in world cham- basis for satisfying the requirements of Gen- pionship competitions. Adoption Program, through the Con- eral Instruction I.B.1. of such form and to re- Kristin inspires countless others to gressional Coalition on Adoption Insti- move such listing and registration as a re- push beyond the limits of what is tute, has honored over 2,000 individ- quirement of General Instruction I.B.6. of thought possible. We join with her hus- uals, couples, and organizations na- such form.

VerDate Sep 11 2014 03:54 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.022 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5502 CONGRESSIONAL RECORD — SENATE September 12, 2016 H.R. 5424. An act to amend the Investment management, and for other purposes; to the on terms no less favorable than the Advisers Act of 1940 and to direct the Securi- Committee on Agriculture, Nutrition, and coverage provided for anticancer medi- ties and Exchange Commission to amend its Forestry. cations administered by a health care rules to modernize certain requirements re- By Mr. SASSE (for himself, Mr. provider. lating to investment advisers, and for other PORTMAN, Mr. COTTON, Mr. MCCAIN, purposes. and Mr. VITTER): S. 1684 The message also announced that the S. 3311. A bill to amend the Internal Rev- At the request of Mr. KIRK, the name House has passed the following bill, enue Code of 1986 to exempt individuals of the Senator from Kansas (Mr. whose health plans under the Consumer Op- without amendment: MORAN) was added as a cosponsor of S. erated and Oriented Plan program have been 1684, a bill to amend the Volunteer Pro- S. 2040. An act to deter terrorism, provide terminated from the individual mandate tection Act of 1997 to provide for liabil- justice for victims, and for other purposes. penalty; to the Committee on Finance. ity protection for organizations and en- f By Mr. GARDNER: S. 3312. A bill to extend the authorization tities. MEASURES REFERRED of the Uranium Mill Tailings Radiation Con- S. 1874 The following bills were read the first trol Act of 1978 relating to the disposal site At the request of Mr. HATCH, the and the second times by unanimous in Mesa County, Colorado; to the Committee name of the Senator from Kentucky on Energy and Natural Resources. consent, and referred as indicated: (Mr. PAUL) was added as a cosponsor of H.R. 2357. An act to direct the Securities f S. 1874, a bill to provide protections for workers with respect to their right to and Exchange Commission to revise Form S– SUBMISSION OF CONCURRENT AND select or refrain from selecting rep- 3 so as to add listing and registration of a SENATE RESOLUTIONS class of common equity securities on a na- resentation by a labor organization. tional securities exchange as an additional The following concurrent resolutions S. 2031 basis for satisfying the requirements of Gen- and Senate resolutions were read, and At the request of Mr. BARRASSO, the eral Instruction I.B.1. of such form and to re- referred (or acted upon), as indicated: move such listing and registration as a re- name of the Senator from Tennessee By Mr. SCHUMER (for himself and quirement of General Instruction I.B.6. of (Mr. ALEXANDER) was added as a co- Mrs. GILLIBRAND): such form; to the Committee on Banking, sponsor of S. 2031, a bill to reduce tem- S. Res. 551. A resolution honoring the Housing, and Urban Affairs. porarily the royalty required to be paid Maine-Endwell Little League Team of H.R. 5424. An act to amend the Investment Endwell, New York, for the victory of the for sodium produced on Federal lands, Advisers Act of 1940 and to direct the Securi- team in the 2016 Little League World Series; and for other purposes. ties and Exchange Commission to amend its to the Committee on the Judiciary. S. 2098 rules to modernize certain requirements re- By Mr. COONS (for himself, Mr. lating to investment advisers, and for other At the request of Mr. MURPHY, the CARDIN, Mrs. SHAHEEN, Mrs. BOXER, purposes; to the Committee on Banking, name of the Senator from Minnesota Mr. MURPHY, Mr. KAINE, and Mr. Housing, and Urban Affairs. (Mr. FRANKEN) was added as a cospon- MENENDEZ): f S. Res. 552. A resolution commemorating sor of S. 2098, a bill to amend the High- er Education Act of 1965 to improve the MEASURES PLACED ON THE the fifteenth anniversary of NATO’s invoca- tion of Article V to defend the United States determination of cohort default rates CALENDAR following the terrorist attacks of September and provide for enhanced civil pen- The following bill was read the first 11, 2001; to the Committee on Foreign Rela- alties, to ensure personal liability of and second times by unanimous con- tions. owners, officers, and executives of in- sent, and placed on the calendar: f stitutions of higher education, and for H.R. 3839. An act to transfer administra- other purposes. ADDITIONAL COSPONSORS tive jurisdiction over certain Bureau of Land S. 2216 Management land from the Secretary of the S. 311 At the request of Ms. COLLINS, the Interior to the Secretary of Veterans Affairs At the request of Mr. CASEY, the name of the Senator from Arkansas for inclusion in the Black Hills National name of the Senator from Virginia (Mr. Cemetery, and for other purposes. (Mr. BOOZMAN) was added as a cospon- WARNER) was added as a cosponsor of S. sor of S. 2216, a bill to provide immu- f 311, a bill to amend the Elementary nity from suit for certain individuals INTRODUCTION OF BILLS AND and Secondary Education Act of 1965 to who disclose potential examples of fi- JOINT RESOLUTIONS address and take action to prevent bul- nancial exploitation of senior citizens, lying and harassment of students. The following bills and joint resolu- and for other purposes. tions were introduced, read the first S. 804 S. 2531 and second times by unanimous con- At the request of Mrs. SHAHEEN, the At the request of Mr. KIRK, the sent, and referred as indicated: name of the Senator from New Jersey names of the Senator from Mississippi By Mrs. CAPITO (for herself, Mr. (Mr. MENENDEZ) was added as a cospon- (Mr. WICKER), the Senator from Colo- TESTER, Mr. BOOZMAN, and Mr. COT- sor of S. 804, a bill to amend title XVIII rado (Mr. GARDNER) and the Senator TON): of the Social Security Act to specify from Arkansas (Mr. COTTON) were S. 3308. A bill to amend title XVIII of the coverage of continuous glucose moni- added as cosponsors of S. 2531, a bill to Social Security Act to prohibit prescription toring devices, and for other purposes. authorize State and local governments drug plan sponsors and MA–PD organizations S. 1212 to divest from entities that engage in under the Medicare program from retro- commerce-related or investment-re- actively reducing payment on clean claims At the request of Mr. CARDIN, the submitted by pharmacies; to the Committee name of the Senator from Pennsyl- lated boycott, divestment, or sanctions on Finance. vania (Mr. CASEY) was added as a co- activities targeting Israel, and for By Mrs. GILLIBRAND (for herself, Mr. sponsor of S. 1212, a bill to amend the other purposes. BROWN, Mr. MURPHY, Ms. KLOBUCHAR, Internal Revenue Code of 1986 and the S. 2572 Mrs. BOXER, Mr. WYDEN, Mr. COONS, Small Business Act to expand the At the request of Mr. TESTER, the Mr. SANDERS, Mr. MARKEY, Mr. availability of employee stock owner- name of the Senator from New York CARDIN, Mr. MERKLEY, Mr. ship plans in S corporations, and for (Mrs. GILLIBRAND) was added as a co- BLUMENTHAL, and Mr. WHITEHOUSE): S. 3309. A bill to modernize voter registra- other purposes. sponsor of S. 2572, a bill to make dem- tion, promote access to voting for individ- S. 1566 onstration grants to eligible local edu- uals with disabilities, protect the ability of At the request of Mr. KIRK, the name cational agencies or consortia of eligi- individuals to exercise the right to vote in of the Senator from Mississippi (Mr. ble local educational agencies for the elections for Federal office, and for other COCHRAN) was added as a cosponsor of purpose of increasing the numbers of purposes; to the Committee on Rules and Ad- S. 1566, a bill to amend the Public school nurses in public elementary ministration. schools and secondary schools. By Ms. KLOBUCHAR (for herself and Health Service Act to require group S 2598 Mr. DAINES): and individual health insurance cov- . S. 3310. A bill to establish a grant program erage and group health plans to provide At the request of Ms. WARREN, the to support landscape-scale restoration and for coverage of oral anticancer drugs name of the Senator from Rhode Island

VerDate Sep 11 2014 02:17 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.012 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5503 (Mr. REED) was added as a cosponsor of laborative learning and capacity build- (Mrs. GILLIBRAND) and the Senator S. 2598, a bill to require the Secretary ing models to improve programs of the from Minnesota (Ms. KLOBUCHAR) were of the Treasury to mint coins in rec- Department of Health and Human added as cosponsors of S. 3164, a bill to ognition of the 60th anniversary of the Services, and for other purposes. provide protection for survivors of do- Naismith Memorial Basketball Hall of S. 2932 mestic violence or sexual assault under Fame. At the request of Mr. CASSIDY, the the Fair Housing Act. S. 2645 name of the Senator from Missouri S. 3198 At the request of Mrs. SHAHEEN, the (Mr. BLUNT) was added as a cosponsor At the request of Mr. HATCH, the names of the Senator from Delaware of S. 2932, a bill to amend the Con- names of the Senator from Connecticut (Mr. CARPER), the Senator from Rhode trolled Substances Act with respect to (Mr. MURPHY) and the Senator from Island (Mr. REED), the Senator from the provision of emergency medical West Virginia (Mr. MANCHIN) were services. Michigan (Ms. STABENOW) and the Sen- added as cosponsors of S. 3198, a bill to ator from Colorado (Mr. BENNET) were S. 3065 amend title 38, United States Code, to added as cosponsors of S. 2645, a bill to At the request of Mr. WYDEN, the improve the provision of adult day impose sanctions with respect to for- names of the Senator from Delaware health care services for veterans. OONS eign persons responsible for gross vio- (Mr. C ), the Senator from Con- S. 3210 lations of internationally recognized necticut (Mr. MURPHY) and the Senator At the request of Mr. CARDIN, the human rights against lesbian, gay, bi- from Missouri (Mr. BLUNT) were added name of the Senator from Georgia (Mr. as cosponsors of S. 3065, a bill to amend sexual, and transgender individuals, PERDUE) was added as a cosponsor of S. and for other purposes. parts B and E of title IV of the Social 3210, a bill to identify and combat cor- Security Act to invest in funding pre- ruption in countries, to establish a S. 2697 vention and family services to help At the request of Mrs. MURRAY, the tiered system of countries with respect keep children safe and supported at to levels of corruption by their govern- name of the Senator from New Mexico home, to ensure that children in foster (Mr. HEINRICH) was added as a cospon- ments and their efforts to combat such care are placed in the least restrictive, corruption, and to assess United States sor of S. 2697, a bill to amend the Fair most family-like, and appropriate set- assistance to designated countries in Labor Standards Act of 1938 and the tings, and for other purposes. order to advance anti-corruption ef- Portal-to-Portal Act of 1947 to prevent S. 3076 wage theft and assist in the recovery of forts in those countries and better At the request of Mr. COTTON, the serve United States taxpayers. stolen wages, to authorize the Sec- name of the Senator from Connecticut S. 3244 retary of Labor to administer grants to (Mr. BLUMENTHAL) was added as a co- At the request of Mr. ROBERTS, the prevent wage and hour violations, and sponsor of S. 3076, a bill to amend title name of the Senator from New Hamp- for other purposes. 38, United States Code, to authorize shire (Ms. AYOTTE) was added as a co- S. 2711 the Secretary of Veterans Affairs to sponsor of S. 3244, a bill to amend title At the request of Mr. MCCAIN, the furnish caskets and urns for burial in name of the Senator from South Caro- cemeteries of States and tribal organi- XXVII of the Public Health Service Act to clarify the treatment of pediatric lina (Mr. SCOTT) was added as a cospon- zations of veterans without next of kin sor of S. 2711, a bill to expand oppor- or sufficient resources to provide for dental coverage in the individual and tunity for Native American children caskets or urns, and for other purposes. group markets outside of Exchanges es- tablished under the Patient Protection through additional options in edu- S. 3127 and Affordable Care Act, and for other cation, and for other purposes. At the request of Mr. HEINRICH, the purposes. S. 2763 name of the Senator from Hawaii (Mr. S. 3279 At the request of Mr. CORNYN, the SCHATZ) was added as a cosponsor of S. At the request of Ms. KLOBUCHAR, the name of the Senator from Minnesota 3127, a bill to amend title 18, United name of the Senator from Pennsyl- (Ms. KLOBUCHAR) was added as a co- States Code, to enhance protections of vania (Mr. CASEY) was added as a co- sponsor of S. 2763, a bill to provide the Native American cultural objects, and sponsor of S. 3279, a bill to realign victims of Holocaust-era persecution for other purposes. structures and reallocate resources in and their heirs a fair opportunity to re- S. 3130 the Federal Government in keeping cover works of art confiscated or mis- At the request of Mr. MARKEY, the with the core belief that families are appropriated by the Nazis. name of the Senator from Louisiana ASSIDY the best protection for children and the S. 2803 (Mr. C ) was added as a cosponsor of S. 3130, a bill to amend title XVIII of bedrock of any society to bolster At the request of Mr. SASSE, the the Social Security Act to provide for United States diplomacy targeted at name of the Senator from Louisiana a permanent Independence at Home ensuring that every child can grow up (Mr. VITTER) was added as a cosponsor medical practice program under the in a permanent, safe, nurturing, and of S. 2803, a bill to require the Sec- Medicare program. loving family, and to ensure that inter- retary of Health and Human Services S. 3132 country adoption to the United States to deposit certain funds into the gen- At the request of Mrs. FISCHER, the becomes a viable and fully developed eral fund of the Treasury in accordance names of the Senator from Kansas (Mr. option for providing families for chil- with provisions of Federal law with re- ROBERTS) and the Senator from Arkan- dren in need, and for other purposes. gard to the Patient Protection and Af- sas (Mr. BOOZMAN) were added as co- S. 3285 fordable Care Act’s Transitional Rein- sponsors of S. 3132, a bill to direct the At the request of Mr. RUBIO, the surance Program. Secretary of Veterans Affairs to carry names of the Senator from Missouri S. 2869 out a pilot program to provide service (Mr. BLUNT), the Senator from Indiana At the request of Mr. BURR, the name dogs to certain veterans with severe (Mr. COATS) and the Senator from Alas- of the Senator from Connecticut (Mr. post-traumatic stress disorder. ka (Ms. MURKOWSKI) were added as co- MURPHY) was added as a cosponsor of S. S. 3155 sponsors of S. 3285, a bill to prohibit 2869, a bill to amend the Internal Rev- At the request of Mr. HATCH, the the President from using funds appro- enue Code of 1986 to improve college name of the Senator from Minnesota priated under section 1304 of title 31, savings under section 529 programs, (Ms. KLOBUCHAR) was added as a co- United States Code, to make payments and for other purposes. sponsor of S. 3155, a bill to amend chap- to Iran, to impose sanctions with re- S. 2873 ter 97 of title 28, United States Code, to spect to Iranian persons that hold or At the request of Mr. HATCH, the clarify the exception to foreign sov- detain United States citizens, and for name of the Senator from Texas (Mr. ereign immunity set forth in section other purposes. CORNYN) was added as a cosponsor of S. 1605(a)(3) of such title. S. 3296 2873, a bill to require studies and re- S. 3164 At the request of Mr. MCCAIN, the ports examining the use of, and oppor- At the request of Mrs. SHAHEEN, the name of the Senator from Oklahoma tunities to use, technology-enabled col- names of the Senator from New York (Mr. INHOFE) was added as a cosponsor

VerDate Sep 11 2014 02:17 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.013 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5504 CONGRESSIONAL RECORD — SENATE September 12, 2016 of S. 3296, a bill to amend the Internal (Mrs. MURRAY), the Senator from York, the State of New York, and the United Revenue Code of 1986 to provide an ex- Washington (Ms. CANTWELL) and the States: Now, therefore, be it emption to the individual mandate to Senator from Connecticut (Mr. Resolved, That the Senate— (1) congratulates and honors the Maine- maintain health coverage for individ- BLUMENTHAL) were added as cosponsors Endwell Little League Team and their fans uals residing in counties with fewer of amendment No. 4992 intended to be on the victory of the team at the 70th Little than 2 health insurance issuers offering proposed to S. 2848, a bill to provide for League Baseball World Series championship; plans on an Exchange. the conservation and development of (2) recognizes and commends the hard S. 3297 water and related resources, to author- work, dedication, determination, and com- mitment to excellence of the members, par- At the request of Mr. COTTON, the ize the Secretary of the Army to con- struct various projects for improve- ents, families, coaches, and managers of the names of the Senator from Georgia Maine-Endwell Little League Team; and (Mr. PERDUE), the Senator from North ments to rivers and harbors of the (3) recognizes and commends the people of Carolina (Mr. TILLIS), the Senator from United States, and for other purposes. the Town of Union, Broome County, and the Colorado (Mr. GARDNER) and the Sen- AMENDMENT NO. 4998 Southern Tier of New York for their incred- ator from Oklahoma (Mr. INHOFE) were At the request of Mr. KIRK, the name ible dedication, loyalty, and support for the added as cosponsors of S. 3297, a bill to of the Senator from Michigan (Mr. Maine-Endwell Little League Team through- out the season. amend the Internal Revenue Code of PETERS) was added as a cosponsor of 1986 to provide an exemption to the in- amendment No. 4998 intended to be pro- f dividual mandate to maintain health posed to S. 2848, a bill to provide for SENATE RESOLUTION 552—COM- coverage for certain individuals whose the conservation and development of MEMORATING THE FIFTEENTH premium has increased by more than 10 water and related resources, to author- ANNIVERSARY OF NATO’S INVO- percent, and for other purposes. ize the Secretary of the Army to con- CATION OF ARTICLE V TO DE- S. 3298 struct various projects for improve- FEND THE UNITED STATES FOL- At the request of Mrs. SHAHEEN, the ments to rivers and harbors of the LOWING THE TERRORIST AT- name of the Senator from New Hamp- United States, and for other purposes. TACKS OF SEPTEMBER 11, 2001 shire (Ms. AYOTTE) was added as a co- f Mr. COONS (for himself, Mr. CARDIN, sponsor of S. 3298, a bill to amend the SUBMITTED RESOLUTIONS Mrs. SHAHEEN, Mrs. BOXER, Mr. MUR- Federal Food, Drug, and Cosmetic Act PHY, Mr. KAINE, and Mr. MENENDEZ) to require the label of any drug con- submitted the following resolution; taining an opiate to prominently state SENATE RESOLUTION 551—HON- which was referred to the Committee that addiction is possible. ORING THE MAINE-ENDWELL on Foreign Relations: S. CON. RES. 4 LITTLE LEAGUE TEAM OF S. RES. 552 At the request of Mr. BARRASSO, the ENDWELL, NEW YORK, FOR THE Whereas the North Atlantic Treaty Organi- name of the Senator from Nebraska VICTORY OF THE TEAM IN THE zation (NATO), the world’s most effective, strongest international political-military al- (Mrs. FISCHER) was added as a cospon- 2016 LITTLE LEAGUE WORLD SE- RIES liance, was established in 1949 by the North sor of S. Con. Res. 4, a concurrent reso- Atlantic Treaty; lution supporting the Local Radio Mr. SCHUMER (for himself and Mrs. Whereas the principle of collective defense, Freedom Act. GILLIBRAND) submitted the following whereby NATO member states agree to mu- S. RES. 199 resolution; which was referred to the tual defense in response to an attack by an external party, is at the very heart of At the request of Mr. NELSON, the Committee on the Judiciary: NATO’s founding treaty; names of the Senator from Missouri S. RES. 551 Whereas NATO’s commitment to collective (Mr. BLUNT) and the Senator from Whereas on Saturday, August 27, 2016, the defense is enshrined in Article V of the North Carolina (Mr. BURR) were added Maine-Endwell Little League Team won the North Atlantic Treaty, which states that as cosponsors of S. Res. 199, a resolu- United States championship at the Little ‘‘an armed attack against one’’ NATO mem- tion expressing the sense of the Senate League Baseball World Series, defeating a ber ‘‘shall be considered an attack against regarding establishing a National Stra- talented and energetic team from them all’’; tegic Agenda. Goodlettsville, Tennessee, by 4 to 2; Whereas, on September 11, 2001, the United Whereas on Sunday, August 28, 2016, the States was attacked by the al Qaeda ter- AMENDMENT NO. 4985 Maine-Endwell Little League Team com- rorist network, headed by Osama bin Laden At the request of Ms. KLOBUCHAR, the peted against the East Seoul Little League and protected by the Taliban regime in Af- names of the Senator from Michigan Team of South Korea in the 70th Little ghanistan; (Mr. PETERS) and the Senator from League Baseball World Series championship Whereas, on September 12, 2001, less than Minnesota (Mr. FRANKEN) were added and won 2 to 1, rounding out an amazing 24 hours after the attacks, NATO invoked as cosponsors of amendment No. 4985 undefeated season in which the team won 24 Article V for the first time in history; games and lost none; Whereas, in October 2001, NATO launched intended to be proposed to S. 2848, a Whereas the Maine-Endwell Little League its first ever counterterrorism operation, Op- bill to provide for the conservation and Team is the first United States team to win eration Active Endeavor, to support the development of water and related re- the Little League Baseball World Series title United States and safeguard all allies; sources, to authorize the Secretary of since 2011 and the first team from the State Whereas, from October 2001 to May 2002, as the Army to construct various projects of New York to win the championship since part of Operation Active Endeavor, NATO for improvements to rivers and harbors 1964; deployed seven NATO Airborne Warning And of the United States, and for other pur- Whereas the Maine-Endwell Little League Control System (AWACS) Surveillance air- poses. Team showed humility and grace both on craft to help patrol the skies over the United and off the diamond, earning the 2016 Jack States; AMENDMENT NO. 4988 Losch Little League Baseball World Series Whereas 830 crew members from 13 NATO At the request of Mr. HOEVEN, the Team Sportsmanship Award, and was the countries flew more than 360 sorties to sup- name of the Senator from North Da- first team ever to win the World Series title port Operation Eagle Assist to protect the kota (Ms. HEITKAMP) was added as a co- and the sportsmanship award in the same United States from further attack; sponsor of amendment No. 4988 in- year; Whereas NATO activities under Operation tended to be proposed to S. 2848, a bill Whereas the Maine-Endwell Little League Active Endeavor also included NATO ships Team is comprised of Billy Dundon, Jude patrolling the Mediterranean and moni- to provide for the conservation and de- Abbadessa, Brody Raleigh, Michael Mancini, toring shipping to help deter, defend, dis- velopment of water and related re- Jordan Owens, Conner Rush, Justin Ryan, rupt, and protect against terrorist activity; sources, to authorize the Secretary of Jack Hopko, James Fellows, Jayden Fanara, Whereas, from 2003 until 2014, NATO com- the Army to construct various projects and Ryan Harlost; manded the International Security Assist- for improvements to rivers and harbors Whereas the Maine-Endwell Little League ance Force (ISAF) in Afghanistan, tasked of the United States, and for other pur- Team is managed and coached by Scott with conducting security operations poses. Rush, Joe Mancini, and Joe Hopko, among throughout the country and helping to build others; and the Afghan National Defense and Security AMENDMENT NO. 4992 Whereas the Maine-Endwell Little League Forces; At the request of Mr. WYDEN, the Team has brought tremendous excitement, Whereas ISAF was the longest, largest, and names of the Senator from Washington pride, and honor to the Southern Tier of New most challenging combat mission in NATO’s

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history and at its height comprised more (2) commends the contributions of our SA 5016. Mr. INHOFE (for Mr. FLAKE) sub- than 130,000 troops from 51 NATO and part- NATO allies and partners in our common mitted an amendment intended to be pro- ner countries, including at least 40,000 from fight against terrorism and in pursuit of posed to amendment SA 4979 proposed by Mr. countries other than the United States; international security; MCCONNELL (for Mr. INHOFE (for himself and Whereas at least 3,519 NATO troops, in- (3) honors those men and women who have Mrs. BOXER)) to the bill S. 2848, supra; which cluding 2,383 United States troops and more died for the cause of common defense of the was ordered to lie on the table. than 1,000 from NATO allies and partners, North Atlantic Treaty allies; SA 5017. Mr. INHOFE (for Mr. FLAKE) sub- have died fighting in Afghanistan; (4) recommits the United States to the mitted an amendment intended to be pro- Whereas, in January 2015, in a sign of con- North Atlantic Treaty, especially to com- posed to amendment SA 4979 proposed by Mr. tinued solidarity, NATO launched a new mis- mon defense of Treaty allies, and affirms MCCONNELL (for Mr. INHOFE (for himself and sion in Afghanistan, Operation Resolute Sup- that the United States remains fully pre- Mrs. BOXER)) to the bill S. 2848, supra; which port, to advise and assist Afghan security pared, capable, and willing to honor its com- was ordered to lie on the table. forces; mitments under Article V; SA 5018. Mr. INHOFE (for Mr. FLAKE) sub- Whereas, as of June 2016, approximately (5) encourages all NATO allies to continue mitted an amendment intended to be pro- 12,000 NATO personnel were contributing to their valuable contributions to the Alliance, posed to amendment SA 4979 proposed by Mr. the Resolute Support Mission, 7,000 of whom including by investing at least two percent MCCONNELL (for Mr. INHOFE (for himself and are from the United States; of gross domestic product in national defense Mrs. BOXER)) to the bill S. 2848, supra; which Whereas, on July 8 and 9, 2016, Heads of spending; was ordered to lie on the table. State and Government of the 28 NATO allies (6) commends the NATO Alliance for deci- SA 5019. Mr. SASSE submitted an amend- met in Warsaw, Poland to ‘‘ensure that the sions taken at the July 2016 Warsaw Summit ment intended to be proposed to amendment Alliance remains an unparalleled community and the President for investing in the Euro- SA 4979 proposed by Mr. MCCONNELL (for Mr. of freedom, peace, security, and shared val- pean Reassurance Initiative to enhance de- INHOFE (for himself and Mrs. BOXER)) to the ues, including individual liberty, human terrence and project international stability bill S. 2848, supra; which was ordered to lie rights, democracy, and the rule of law’’; beyond NATO; and on the table. Whereas leaders at the Warsaw Summit de- (7) reaffirms the commitment of the SA 5020. Mr. SASSE submitted an amend- cided to— United States to deterring those who seek to ment intended to be proposed to amendment (1) strengthen the Alliance’s military pres- destabilize the Euro-Atlantic area, and to SA 4979 proposed by Mr. MCCONNELL (for Mr. ence in Eastern Europe with four battalions maintaining an ‘‘Open Door’’ policy on wel- INHOFE (for himself and Mrs. BOXER)) to the in Poland, Estonia, Latvia, and Lithuania on coming new members, and welcomes the Al- bill S. 2848, supra; which was ordered to lie a rotational basis starting in 2017; liance’s invitation to Montenegro. on the table. (2) develop a tailored forward presence in SA 5021. Mr. SASSE submitted an amend- southeastern Europe; f ment intended to be proposed to amendment (3) strengthen cyber defenses; SA 4979 proposed by Mr. MCCONNELL (for Mr. (4) train and build capacity inside Iraq in AMENDMENTS SUBMITTED AND INHOFE (for himself and Mrs. BOXER)) to the support of the global coalition to defeat the PROPOSED bill S. 2848, supra; which was ordered to lie so-called Islamic State, including by pro- SA 5008. Mr. DONNELLY submitted an viding a NATO AWACS Surveillance plane on the table. amendment intended to be proposed to SA 5022. Mr. SASSE submitted an amend- and to expand maritime presence in the Med- amendment SA 4979 proposed by Mr. MCCON- ment intended to be proposed to amendment iterranean Sea; NELL (for Mr. INHOFE (for himself and Mrs. (5) continue contributions to NATO’s Reso- SA 4979 proposed by Mr. MCCONNELL (for Mr. BOXER)) to the bill S. 2848, to provide for the INHOFE (for himself and Mrs. BOXER)) to the lute Support Mission in Afghanistan beyond conservation and development of water and 2016 and confirm funding commitments to bill S. 2848, supra; which was ordered to lie related resources, to authorize the Secretary on the table. 2020; of the Army to construct various projects for (6) welcome Ukraine’s plans for reform and SA 5023. Mr. SASSE submitted an amend- improvements to rivers and harbors of the endorse a Comprehensive Assistance Pack- ment intended to be proposed to amendment United States, and for other purposes; which age for Ukraine; SA 4979 proposed by Mr. MCCONNELL (for Mr. was ordered to lie on the table. (7) welcome the vital progress made in im- INHOFE (for himself and Mrs. BOXER)) to the SA 5009. Mr. INHOFE (for Mr. PERDUE (for plementing the Substantial NATO-Georgia bill S. 2848, supra; which was ordered to lie himself and Mr. ISAKSON)) submitted an Package and activating the Joint Training on the table. amendment intended to be proposed to and Evaluation Center to strengthen Geor- SA 5024. Mr. PAUL submitted an amend- amendment SA 4979 proposed by Mr. MCCON- gia’s self-defense and resilience capabilities; ment intended to be proposed to amendment NELL (for Mr. INHOFE (for himself and Mrs. and SA 4979 proposed by Mr. MCCONNELL (for Mr. BOXER)) to the bill S. 2848, supra; which was (8) reiterate support for the territorial in- INHOFE (for himself and Mrs. BOXER)) to the ordered to lie on the table. tegrity and sovereignty of both Ukraine and bill S. 2848, supra; which was ordered to lie Georgia within their internationally recog- SA 5010. Mr. INHOFE (for Mr. FLAKE) sub- mitted an amendment intended to be pro- on the table. nized borders; SA 5025. Mr. PAUL submitted an amend- posed to amendment SA 4979 proposed by Mr. Whereas the NATO alliance has served the ment intended to be proposed to amendment MCCONNELL (for Mr. INHOFE (for himself and interests of the United States and its trans- SA 4979 proposed by Mr. MCCONNELL (for Mr. atlantic allies for more than seven decades; Mrs. BOXER)) to the bill S. 2848, supra; which was ordered to lie on the table. INHOFE (for himself and Mrs. BOXER)) to the Whereas, on April 6, 2016, NATO Secretary SA 5011. Mr. INHOFE (for Mr. FLAKE) sub- bill S. 2848, supra; which was ordered to lie General Jens Stoltenberg stated, ‘‘NATO is a mitted an amendment intended to be pro- on the table. powerful tool in which all our nations have posed to amendment SA 4979 proposed by Mr. SA 5026. Mr. PAUL submitted an amend- made great investments. For almost seventy MCCONNELL (for Mr. INHOFE (for himself and ment intended to be proposed to amendment years, NATO has brought Europe and North Mrs. BOXER)) to the bill S. 2848, supra; which SA 4979 proposed by Mr. MCCONNELL (for Mr. America together. Providing security for was ordered to lie on the table. INHOFE (for himself and Mrs. BOXER)) to the both sides of the Atlantic. I know that I can SA 5012. Mr. INHOFE (for Mr. FLAKE) sub- bill S. 2848, supra; which was ordered to lie count on the continued leadership of the mitted an amendment intended to be pro- on the table. United States. I also know that the mutual posed to amendment SA 4979 proposed by Mr. SA 5027. Mr. DAINES submitted an amend- interests of Europe and the United States MCCONNELL (for Mr. INHOFE (for himself and ment intended to be proposed to amendment are best served by a strong North Atlantic Mrs. BOXER)) to the bill S. 2848, supra; which SA 4979 proposed by Mr. MCCONNELL (for Mr. Alliance. Because the security of Europe and was ordered to lie on the table. INHOFE (for himself and Mrs. BOXER)) to the North America is indivisible. And only by SA 5013. Mr. INHOFE (for Mr. FLAKE) sub- bill S. 2848, supra; which was ordered to lie standing together will we remain safe and se- mitted an amendment intended to be pro- on the table. cure.’’; and posed to amendment SA 4979 proposed by Mr. SA 5028. Mr. GARDNER (for himself, Mr. Whereas, on July 9, 2016, following the MCCONNELL (for Mr. INHOFE (for himself and UDALL, Mr. BENNET, Mr. HATCH, Mr. HEIN- Warsaw Summit, President Barack Obama Mrs. BOXER)) to the bill S. 2848, supra; which RICH, and Mr. MCCAIN) submitted an amend- stated, ‘‘NATO is as strong, as nimble, and as was ordered to lie on the table. ment intended to be proposed to amendment ready as ever. . . Nobody should ever doubt SA 5014. Mr. INHOFE (for Mr. FLAKE) sub- SA 4979 proposed by Mr. MCCONNELL (for Mr. the resolve of this Alliance to stay united mitted an amendment intended to be pro- INHOFE (for himself and Mrs. BOXER)) to the and focused on the future. And just as our posed to amendment SA 4979 proposed by Mr. bill S. 2848, supra; which was ordered to lie nations have stood together over the past MCCONNELL (for Mr. INHOFE (for himself and on the table. hundred years, I know that we’ll stay united Mrs. BOXER)) to the bill S. 2848, supra; which SA 5029. Mr. VITTER submitted an amend- and grow even stronger for another hundred was ordered to lie on the table. ment intended to be proposed to amendment more.’’: Now, therefore, be it SA 5015. Mr. INHOFE (for Mr. FLAKE) sub- SA 4979 proposed by Mr. MCCONNELL (for Mr. Resolved, That the Senate— mitted an amendment intended to be pro- INHOFE (for himself and Mrs. BOXER)) to the (1) commemorates the fifteenth anniver- posed to amendment SA 4979 proposed by Mr. bill S. 2848, supra; which was ordered to lie sary of NATO’s invocation of Article V to de- MCCONNELL (for Mr. INHOFE (for himself and on the table. fend the United States after the terrorist at- Mrs. BOXER)) to the bill S. 2848, supra; which SA 5030. Mr. CASSIDY submitted an tacks of September 11, 2001; was ordered to lie on the table. amendment intended to be proposed by him

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to the bill S. 2848, supra; which was ordered proposed by Mr. MCCONNELL (for Mr. INHOFE 2848, supra; which was ordered to lie on the to lie on the table. (for himself and Mrs. BOXER)) to the bill S. table. SA 5031. Mr. CORNYN submitted an 2848, supra; which was ordered to lie on the SA 5059. Mr. SASSE (for himself, Mr. COT- amendment intended to be proposed to table. TON, and Mr. MCCAIN) submitted an amend- amendment SA 4979 proposed by Mr. MCCON- SA 5045. Mr. BOOZMAN submitted an ment intended to be proposed by him to the NELL (for Mr. INHOFE (for himself and Mrs. amendment intended to be proposed to bill S. 2848, supra; which was ordered to lie BOXER)) to the bill S. 2848, supra; which was amendment SA 4979 proposed by Mr. MCCON- on the table. ordered to lie on the table. NELL (for Mr. INHOFE (for himself and Mrs. SA 5060. Mr. MURPHY (for himself and Mr. SA 5032. Mr. CORNYN submitted an BOXER)) to the bill S. 2848, supra; which was BLUMENTHAL) submitted an amendment in- amendment intended to be proposed to ordered to lie on the table. tended to be proposed to amendment SA 4979 amendment SA 4979 proposed by Mr. MCCON- SA 5046. Ms. BALDWIN submitted an proposed by Mr. MCCONNELL (for Mr. INHOFE NELL (for Mr. INHOFE (for himself and Mrs. amendment intended to be proposed to (for himself and Mrs. BOXER)) to the bill S. BOXER)) to the bill S. 2848, supra; which was amendment SA 4979 proposed by Mr. MCCON- 2848, supra; which was ordered to lie on the ordered to lie on the table. NELL (for Mr. INHOFE (for himself and Mrs. table. SA 5033. Mr. COCHRAN (for himself and BOXER)) to the bill S. 2848, supra; which was f Mr. WICKER) submitted an amendment in- ordered to lie on the table. tended to be proposed to amendment SA 4979 SA 5047. Mr. BOOKER submitted an TEXT OF AMENDMENTS proposed by Mr. MCCONNELL (for Mr. INHOFE amendment intended to be proposed to SA 5008. Mr. DONNELLY submitted (for himself and Mrs. BOXER)) to the bill S. amendment SA 4979 proposed by Mr. MCCON- 2848, supra; which was ordered to lie on the NELL (for Mr. INHOFE (for himself and Mrs. an amendment intended to be proposed table. BOXER)) to the bill S. 2848, supra; which was to amendment SA 4979 proposed by Mr. SA 5034. Mr. COCHRAN (for himself and ordered to lie on the table. MCCONNELL (for Mr. INHOFE (for him- Mr. WICKER) submitted an amendment in- SA 5048. Mr. BOOKER submitted an self and Mrs. BOXER)) to the bill S. 2848, tended to be proposed to amendment SA 4979 amendment intended to be proposed to to provide for the conservation and de- proposed by Mr. MCCONNELL (for Mr. INHOFE amendment SA 4979 proposed by Mr. MCCON- velopment of water and related re- (for himself and Mrs. BOXER)) to the bill S. NELL (for Mr. INHOFE (for himself and Mrs. sources, to authorize the Secretary of 2848, supra; which was ordered to lie on the BOXER)) to the bill S. 2848, supra; which was table. ordered to lie on the table. the Army to construct various projects SA 5035. Mr. ISAKSON (for himself and Mr. SA 5049. Mr. BOOKER (for himself and Mr. for improvements to rivers and harbors PERDUE) submitted an amendment intended MENENDEZ) submitted an amendment in- of the United States, and for other pur- to be proposed to amendment SA 4979 pro- tended to be proposed to amendment SA 4979 poses; which was ordered to lie on the posed by Mr. MCCONNELL (for Mr. INHOFE (for proposed by Mr. MCCONNELL (for Mr. INHOFE table; as follows: himself and Mrs. BOXER)) to the bill S. 2848, (for himself and Mrs. BOXER)) to the bill S. On page 233, strike lines 13 through 17 and supra; which was ordered to lie on the table. 2848, supra; which was ordered to lie on the insert the following: SA 5036. Mr. ISAKSON (for himself and Mr. table. ‘‘(1) $500,000,000 for fiscal year 2017; PERDUE) submitted an amendment intended SA 5050. Mr. BOOKER submitted an ‘‘(2) $600,000,000 for fiscal year 2018; to be proposed to amendment SA 4979 pro- amendment intended to be proposed to ‘‘(3) $700,000,000 for fiscal year 2019; posed by Mr. MCCONNELL (for Mr. INHOFE (for amendment SA 4979 proposed by Mr. MCCON- ‘‘(4) $800,000,000 for fiscal year 2020; and himself and Mrs. BOXER)) to the bill S. 2848, NELL (for Mr. INHOFE (for himself and Mrs. ‘‘(5) $1,000,000,000 for fiscal year 2021. supra; which was ordered to lie on the table. BOXER)) to the bill S. 2848, supra; which was SA 5037. Mr. MCCAIN (for himself, Mr. COR- ordered to lie on the table. SA 5009. Mr. INHOFE (for Mr. NYN, Mr. COTTON, Mr. SESSIONS, Mr. BURR, SA 5051. Mr. BOOKER submitted an PERDUE (for himself and Mr. ISAKSON)) and Mr. GRAHAM) submitted an amendment amendment intended to be proposed to intended to be proposed to amendment SA amendment SA 4979 proposed by Mr. MCCON- submitted an amendment intended to 4979 proposed by Mr. MCCONNELL (for Mr. NELL (for Mr. INHOFE (for himself and Mrs. be proposed to amendment SA 4979 pro- INHOFE (for himself and Mrs. BOXER)) to the BOXER)) to the bill S. 2848, supra; which was posed by Mr. MCCONNELL (for Mr. bill S. 2848, supra; which was ordered to lie ordered to lie on the table. INHOFE (for himself and Mrs. BOXER)) to on the table. SA 5052. Mr. CARDIN submitted an amend- the bill S. 2848, to provide for the con- SA 5038. Mrs. CAPITO submitted an ment intended to be proposed to amendment servation and development of water amendment intended to be proposed to SA 4979 proposed by Mr. MCCONNELL (for Mr. and related resources, to authorize the amendment SA 4979 proposed by Mr. MCCON- INHOFE (for himself and Mrs. BOXER)) to the NELL (for Mr. INHOFE (for himself and Mrs. bill S. 2848, supra; which was ordered to lie Secretary of the Army to construct BOXER)) to the bill S. 2848, supra; which was on the table. various projects for improvements to ordered to lie on the table. SA 5053. Mr. REID (for Mr. SANDERS) sub- rivers and harbors of the United SA 5039. Mrs. ERNST (for herself and Mr. mitted an amendment intended to be pro- States, and for other purposes; which GRASSLEY) submitted an amendment in- posed to amendment SA 4979 proposed by Mr. was ordered to lie on the table; as fol- tended to be proposed to amendment SA 4979 MCCONNELL (for Mr. INHOFE (for himself and lows: proposed by Mr. MCCONNELL (for Mr. INHOFE Mrs. BOXER)) to the bill S. 2848, supra; which At the end of title VIII, add the following: (for himself and Mrs. BOXER)) to the bill S. was ordered to lie on the table. 2848, supra; which was ordered to lie on the SA 5054. Mr. REID (for Mr. SANDERS) sub- SEC. 8lll. WETLAND DELINEATIONS. table. mitted an amendment intended to be pro- Notwithstanding any other provision of SA 5040. Mr. MENENDEZ submitted an posed to amendment SA 4979 proposed by Mr. law, the Secretary may not reevaluate or re- amendment intended to be proposed to MCCONNELL (for Mr. INHOFE (for himself and vise any jurisdictional determination for amendment SA 4979 proposed by Mr. MCCON- Mrs. BOXER)) to the bill S. 2848, supra; which wetland delineations for the Atlantic and NELL (for Mr. INHOFE (for himself and Mrs. was ordered to lie on the table. Gulf Coast region that was valid as of Janu- BOXER)) to the bill S. 2848, supra; which was SA 5055. Mr. REID submitted an amend- ary 1, 2008, or that has an effective approval ordered to lie on the table. ment intended to be proposed to amendment date of January 1, 2008, through December 31, SA 5041. Mr. TESTER submitted an amend- SA 4979 proposed by Mr. MCCONNELL (for Mr. 2014. ment intended to be proposed to amendment INHOFE (for himself and Mrs. BOXER)) to the SA 4979 proposed by Mr. MCCONNELL (for Mr. bill S. 2848, supra; which was ordered to lie SA 5010. Mr. INHOFE (for Mr. FLAKE) INHOFE (for himself and Mrs. BOXER)) to the on the table. submitted an amendment intended to bill S. 2848, supra; which was ordered to lie SA 5056. Ms. BALDWIN submitted an be proposed to amendment SA 4979 pro- on the table. amendment intended to be proposed to posed by Mr. MCCONNELL (for Mr. SA 5042. Mr. INHOFE (for himself and Mrs. amendment SA 4979 proposed by Mr. MCCON- INHOFE (for himself and Mrs. BOXER)) to BOXER) submitted an amendment intended to NELL (for Mr. INHOFE (for himself and Mrs. be proposed to amendment SA 4979 proposed BOXER)) to the bill S. 2848, supra; which was the bill S. 2848, to provide for the con- by Mr. MCCONNELL (for Mr. INHOFE (for him- ordered to lie on the table. servation and development of water self and Mrs. BOXER)) to the bill S. 2848, SA 5057. Ms. CANTWELL submitted an and related resources, to authorize the supra; which was ordered to lie on the table. amendment intended to be proposed to Secretary of the Army to construct SA 5043. Mr. BROWN submitted an amend- amendment SA 4979 proposed by Mr. MCCON- various projects for improvements to ment intended to be proposed to amendment NELL (for Mr. INHOFE (for himself and Mrs. rivers and harbors of the United SA 4979 proposed by Mr. MCCONNELL (for Mr. BOXER)) to the bill S. 2848, supra; which was States, and for other purposes; which INHOFE (for himself and Mrs. BOXER)) to the ordered to lie on the table. bill S. 2848, supra; which was ordered to lie SA 5058. Mr. WYDEN (for himself and Mr. was ordered to lie on the table; as fol- on the table. MERKLEY) submitted an amendment in- lows: SA 5044. Mr. MURPHY (for himself and Mr. tended to be proposed to amendment SA 4979 Beginning on page 270, strike line 18 and BLUMENTHAL) submitted an amendment in- proposed by Mr. MCCONNELL (for Mr. INHOFE all that follows through page 272, line 2, and tended to be proposed to amendment SA 4979 (for himself and Mrs. BOXER)) to the bill S. insert the following:

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.018 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5507 (b) AUTHORIZATION OF APPROPRIATIONS.— was ordered to lie on the table; as fol- ‘‘(3) CERTAIN PROJECTS.—The list under Section 8 of the Water Desalination Act of lows: paragraph (1) shall also include a list of 1996 (42 U.S.C. 10301 note; Public Law 104–298) Strike section 2011 (relating to harbor projects that, in the aggregate, have a cost is amended— deepening). of greater than twice the average amount of (1) in the first sentence of subsection (a)— funds appropriated for construction for the (A) by striking ‘‘$5,000,000’’ and inserting SA 5014. Mr. INHOFE (for Mr. FLAKE) Corps of Engineers for the previous 3 fiscal ‘‘$8,000,000’’; and submitted an amendment intended to years.’’. (B) by striking ‘‘2013’’ and inserting ‘‘2021’’; (b) CONFORMING AMENDMENT.—Subsection and be proposed to amendment SA 4979 pro- (a)(2)(A) of section 204 of the Water Re- (2) in subsection (b), by striking ‘‘for each posed by Mr. MCCONNELL (for Mr. sources Development Act of 1986 (33 U.S.C. of fiscal years 2012 through 2013’’ and insert- INHOFE (for himself and Mrs. BOXER)) to 2232) (as amended by section 1020(3)) is ing ‘‘for each of fiscal years 2017 through the bill S. 2848, to provide for the con- amended by striking ‘‘section 7001(f)’’ and in- 2021’’. servation and development of water serting ‘‘section 7001(g)’’. (c) CONSULTATION.—Section 9 of the Water and related resources, to authorize the SA 5016. Mr. INHOFE (for Mr. FLAKE) Desalination Act of 1996 (42 U.S.C. 10301 note; Secretary of the Army to construct Public Law submitted an amendment intended to various projects for improvements to be proposed to amendment SA 4979 pro- Mr. INHOFE (for Mr. FLAKE) rivers and harbors of the United SA 5011. posed by Mr. MCCONNELL (for Mr. submitted an amendment intended to States, and for other purposes; which INHOFE (for himself and Mrs. BOXER)) to was ordered to lie on the table; as fol- be proposed to amendment SA 4979 pro- the bill S. 2848, to provide for the con- lows: posed by Mr. MCCONNELL (for Mr. servation and development of water INHOFE (for himself and Mrs. BOXER)) to At the end, add the following: and related resources, to authorize the the bill S. 2848, to provide for the con- TITLE IX—LOW PRIORITY STUDIES AND Secretary of the Army to construct servation and development of water CONSTRUCTION FUNDING various projects for improvements to and related resources, to authorize the SEC. 9001. LOW PRIORITY STUDIES AND CON- rivers and harbors of the United Secretary of the Army to construct STRUCTION FUNDING. Notwithstanding any other provision of States, and for other purposes; which various projects for improvements to was ordered to lie on the table; as fol- rivers and harbors of the United this Act, in accordance with the budget of the President for fiscal year 2017, the Sec- lows: States, and for other purposes; which retary may use for low priority studies and At the end of title VI, add the following: was ordered to lie on the table; as fol- construction of Corps of Engineers projects SEC. 60ll. CONSTRUCTION OF NEW WATER RE- lows: during fiscal year 2017 an amount not more SOURCES PROJECTS. In section 7307(a), strike ‘‘Administrator, than $1,175,000,000. (a) IN GENERAL.—Notwithstanding any in conjunction with the Secretary of the In- other provision of law and subject to sub- terior,’’ and insert ‘‘Secretary of the Inte- SA 5015. Mr. INHOFE (for Mr. FLAKE) sections (b) and (c), once every 2-year con- rior, in conjunction with’’. submitted an amendment intended to gressional period, the Secretary may submit be proposed to amendment SA 4979 pro- to the Committee on Environment and Pub- Mr. INHOFE (for Mr. FLAKE) SA 5012. posed by Mr. MCCONNELL (for Mr. lic Works of the Senate and the Committee submitted an amendment intended to on Transportation and Infrastructure of the INHOFE (for himself and Mrs. BOXER)) to House of Representatives a report that iden- be proposed to amendment SA 4979 pro- the bill S. 2848, to provide for the con- posed by Mr. MCCONNELL (for Mr. tifies not more than 9 new water resources servation and development of water project that the Secretary recommends for INHOFE (for himself and Mrs. BOXER)) to and related resources, to authorize the the bill S. 2848, to provide for the con- construction. Secretary of the Army to construct (b) CRITERIA.—The Secretary shall only servation and development of water various projects for improvements to recommend a project in the report under and related resources, to authorize the rivers and harbors of the United subsection (a) if— Secretary of the Army to construct States, and for other purposes; which (1) a feasibility study or major decision various projects for improvements to was ordered to lie on the table; as fol- document has been prepared for the project— (A) after the date of enactment of this Act; rivers and harbors of the United lows: States, and for other purposes; which and At the end of title VI, add the following: was ordered to lie on the table; as fol- (B) prior to the date on which the report SEC. 60ll. CONSTRUCTION OF NEW WATER RE- under subsection (a) is submitted to Con- lows: SOURCES PROJECTS. gress; and At the end of section 5001, add the fol- (a) IN GENERAL.—Section 7001 of the Water (2) a report of the Chief of Engineers has lowing: Resources Reform and Development Act of been completed for the project prior to the (i) PROJECT DEAUTHORIZATIONS.—Section 2014 (33 U.S.C. 2282d) is amended— date on which the report under subsection 1001(b)(2) of the Water Resources Develop- (1) by redesignating subsection (f) as sub- (a) is submitted to Congress that determines ment Act of 1986 (33 U.S.C. 579a(b)(2)) is section (g); and that the project— amended— (2) by inserting after subsection (e) the fol- (A) is in the national interest; (1) in the first sentence, by striking ‘‘every lowing: (B) results in a benefit to cost ratio of not year after the transmittal of the list under ‘‘(f) RECOMMENDATIONS.— less than 2 to 1, exclusive of any environ- paragraph (1)’’ and inserting ‘‘not later than ‘‘(1) IN GENERAL.—As part of the report mental restoration activities; October 1 of each fiscal year’’; and under subsection (a), the Secretary shall in- (C) complies with applicable Federal envi- (2) by adding at the end the following: ‘‘If clude a list of projects based on the satisfac- ronmental law (including regulations); and the Secretary fails to submit to Congress the tion of the criteria under paragraph (2). (D) is technically feasible. list of projects by October 1 of any fiscal ‘‘(2) CRITERIA.—A project under this sub- (c) LIMITATIONS.—The Secretary shall not year, no Federal funds made available to the section shall be a project for which— include in the report under subsection (a)— Secretary for the fiscal year shall be ex- ‘‘(A) a feasibility study or major decision (1) more than 2 new construction projects pended for nonessential travel expenses of document has been prepared— that are located in any 1 division of the employees of the Corps of Engineers, as de- ‘‘(i) after the date of enactment of the Corps of Engineers; termined by the Secretary, until the date on Water Resources Development Act of 2016; (2) any project that is the result of 2 or which the list is submitted to Congress in ac- and more combined construction projects; or cordance with this paragraph.’’. ‘‘(ii) prior to the date on which the report (3) any project for which a feasibility study under subsection (a) is submitted to Con- or major decision document was completed Mr. INHOFE (for Mr. FLAKE) SA 5013. gress; and more than 10 years prior to date on which submitted an amendment intended to ‘‘(B) a report of the Chief of Engineers has the report under subsection (a) is submitted. be proposed to amendment SA 4979 pro- been completed prior to the date on which (d) CONTENTS OF REPORT.—The report posed by Mr. MCCONNELL (for Mr. the report under subsection (a) is submitted under subsection (a) shall— INHOFE (for himself and Mrs. BOXER)) to to Congress that determines that the (1) for each project, explain the method- the bill S. 2848, to provide for the con- project— ology used by the Secretary to determine servation and development of water ‘‘(i) is in the national interest; that the project meets the criteria under and related resources, to authorize the ‘‘(ii) results in a benefit to cost ratio of not subsection (b); and less than 2 to 1, exclusive of any environ- (2) for each division of the Corps of Engi- Secretary of the Army to construct mental restoration activities; neers, explain the methodology and criteria various projects for improvements to ‘‘(iii) complies with applicable Federal en- used by the Secretary in selecting the 1 or rivers and harbors of the United vironmental law (including regulations); and more projects from that division for inclu- States, and for other purposes; which ‘‘(iv) is technically feasible. sion in the report over other projects in the

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.020 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5508 CONGRESSIONAL RECORD — SENATE September 12, 2016 division that meet the criteria under sub- velopment of water and related re- (1) as of the date of enactment of this Act, section (b). sources, to authorize the Secretary of the project has received more than $4,000,000 (e) PUBLIC PARTICIPATION.—The report the Army to construct various projects in Federal appropriations and those appro- under subsection (a) shall be made available for improvements to rivers and harbors priations equal an amount that is greater to the public, including on the Internet. than 80 percent of the authorized amount; (f) ADMINISTRATION.—The Secretary shall of the United States, and for other pur- (2) significant progress has been dem- not be authorized to carry out any project poses; which was ordered to lie on the onstrated toward completion of the project included in the report under subsection (a) table; as follows: or segments of the project but the project is unless the project is explicitly authorized by On page 207, strike lines 1 through 10 and not complete as of the date of enactment of an Act of Congress during the 2-year period insert the following: this Act; and described in subsection (a). ‘‘(4) COST SHARING.—The non-Federal share (3) the benefits of the Federal investment (g) EXEMPTIONS.—This section shall not of the total cost of a project funded by a will not be realized without an increase in apply to any water resources construction grant under this subsection shall be not less the authorization of appropriations to allow project that is authorized under a provision than 20 percent. completion of the project. designated as an emergency requirement (b) GAO REVIEW AND REPORT.— pursuant to 251(b)(2)(A) of the Balanced SA 5020. Mr. SASSE submitted an (1) IN GENERAL.—Not later than 1 year after Budget and Emergency Deficit Control Act amendment intended to be proposed to the date of enactment of this Act, the Comp- of 1985 (2 U.S.C. 901(b)(2)(A)). amendment SA 4979 proposed by Mr. troller General of the United States shall conduct a review, and submit to Congress a MCCONNELL (for Mr. INHOFE (for him- SA 5017. Mr. INHOFE (for Mr. FLAKE) report describing the results of the review, self and Mrs. BOXER)) to the bill S. 2848, submitted an amendment intended to on the implementation and effectiveness of to provide for the conservation and de- be proposed to amendment SA 4979 pro- the projects carried out under section 219 of velopment of water and related re- posed by Mr. MCCONNELL (for Mr. the Water Resources Development Act of sources, to authorize the Secretary of 1992 (Public Law 102–580; 106 Stat. 4835). INHOFE (for himself and Mrs. BOXER)) to the Army to construct various projects (2) FOCUS OF REVIEW.—The review under the bill S. 2848, to provide for the con- for improvements to rivers and harbors paragraph (1) shall focus on the extent to servation and development of water of the United States, and for other pur- which the projects described in that para- and related resources, to authorize the poses; which was ordered to lie on the graph— Secretary of the Army to construct (A) fall within the mission of the Corps of table; as follows: various projects for improvements to Engineers; rivers and harbors of the United On page 202, strike lines 7 through 14 and (B) have been determined to meet an im- insert the following: portant national priority; and States, and for other purposes; which ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— was ordered to lie on the table; as fol- (C) have experienced cost overruns and the There reasons for any cost overruns. lows: At the end of section 5001, add the fol- SA 5021. Mr. SASSE submitted an SA 5023. Mr. SASSE submitted an lowing: amendment intended to be proposed to amendment intended to be proposed to (i) PROJECT DEAUTHORIZATIONS.—Section amendment SA 4979 proposed by Mr. amendment SA 4979 proposed by Mr. 1001(b)(2) of the Water Resources Develop- MCCONNELL (for Mr. INHOFE (for him- MCCONNELL (for Mr. INHOFE (for him- ment Act of 1986 (33 U.S.C. 579a(b)(2)) is self and Mrs. BOXER)) to the bill S. 2848, self and Mrs. BOXER)) to the bill S. 2848, amended, in the first sentence— to provide for the conservation and de- to provide for the conservation and de- (1) by inserting ‘‘(including environmental infrastructure projects)’’ after ‘‘list of velopment of water and related re- velopment of water and related re- projects’’; and sources, to authorize the Secretary of sources, to authorize the Secretary of (2) by striking ‘‘such list’’ and inserting the Army to construct various projects the Army to construct various projects ‘‘the list, or, in the case of environmental in- for improvements to rivers and harbors for improvements to rivers and harbors frastructure projects, during the 3 full fiscal of the United States, and for other pur- of the United States, and for other pur- years preceding the transmittal of the list’’. poses; which was ordered to lie on the poses; which was ordered to lie on the table; as follows: table; as follows: SA 5018. Mr. INHOFE (for Mr. FLAKE) At the end of title VIII, add the following: Strike section 1007 (relating to a challenge submitted an amendment intended to SEC. 80ll. PROTECTION OF CONGRESSIONAL cost-sharing program for management of be proposed to amendment SA 4979 pro- OVERSIGHT. recreation facilities). posed by Mr. MCCONNELL (for Mr. Notwithstanding any other provision of INHOFE (for himself and Mrs. BOXER)) to law, the Secretary or the Administrator of SA 5024. Mr. PAUL submitted an the bill S. 2848, to provide for the con- the Environmental Protection Agency may amendment intended to be proposed to servation and development of water not enter into an agreement related to re- amendment SA 4979 proposed by Mr. and related resources, to authorize the solving a dispute or claim with an individual MCCONNELL (for Mr. INHOFE (for him- Secretary of the Army to construct that would restrict in any way the individual self and Mrs. BOXER)) to the bill S. 2848, various projects for improvements to from speaking to members of Congress or to provide for the conservation and de- their staff on any topic not otherwise prohib- velopment of water and related re- rivers and harbors of the United ited from disclosure by Federal law. States, and for other purposes; which sources, to authorize the Secretary of was ordered to lie on the table; as fol- SA 5022. Mr. SASSE submitted an the Army to construct various projects lows: amendment intended to be proposed to for improvements to rivers and harbors At the end of title IV, add the following: amendment SA 4979 proposed by Mr. of the United States, and for other pur- SEC. 4llll. PROHIBITION ON USE OF FEDERAL MCCONNELL (for Mr. INHOFE (for him- poses; which was ordered to lie on the FUNDS FOR BEACH NOURISHMENT self and Mrs. BOXER)) to the bill S. 2848, table; as follows: ACTIVITIES. to provide for the conservation and de- At the end of title I, add the following: Notwithstanding any other provision of velopment of water and related re- SEC. 10ll. MODIFICATION OF CORPS OF ENGI- law, the Secretary or the Administrator of NEERS CRITERIA TO DREDGE SMALL the Environmental Protection Agency shall sources, to authorize the Secretary of PORTS. not use Federal funds for the conduct of the Army to construct various projects (a) MINIMUM TONNAGE REQUIREMENT.—Not- beach nourishment activities (other than for for improvements to rivers and harbors withstanding any other provision of law (in- the conduct of beach nourishment activities of the United States, and for other pur- cluding regulations), effective beginning on in areas with a high risk of flooding in which poses; which was ordered to lie on the the date of enactment of this Act, the ton- the Secretary or the Administrator of the table; as follows: nage requirement with respect to the consid- Environmental Protection Agency deter- eration of dredging of small ports by the Strike section 1009 and insert the fol- mines beach nourishment activities to be Corps of Engineers shall be a minimum of lowing: necessary). 500,000 tons, as calculated in accordance with SEC. 1009. PROJECT COMPLETION. subsection (b). SA 5019. Mr. SASSE submitted an (a) IN GENERAL.—For any project author- (b) CALCULATION.—For purposes of sub- amendment intended to be proposed to ized under section 219 of the Water Resources section (a) and any other activity of the Development Act of 1992 (Public Law 102–580; Corps of Engineers carried out on or after amendment SA 4979 proposed by Mr. 106 Stat. 4835), the authorization of appro- the date of enactment of this Act, tonnage MCCONNELL (for Mr. INHOFE (for him- priations is increased by the amount, includ- shall be calculated by each relevant port au- self and Mrs. BOXER)) to the bill S. 2848, ing in increments, necessary to allow com- thority and submitted to the Corps of Engi- to provide for the conservation and de- pletion of the project if— neers.

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.021 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5509 SA 5025. Mr. PAUL submitted an (commonly known as the ‘‘Flood Control Act At the end of title VIII, add the following: of 1944’’) if the contract is for surplus water amendment intended to be proposed to SEC. 8llll. GOLD KING MINE SPILL RECOV- amendment SA 4979 proposed by Mr. stored in the Lake Cumberland Watershed, ERY. Kentucky and Tennessee . MCCONNELL (for Mr. INHOFE (for him- (b) OFFSET.— (a) DEFINITIONS.—In this section: self and Mrs. BOXER)) to the bill S. 2848, (1) IN GENERAL.—Subject to paragraph (2), (1) ADMINISTRATOR.—The term ‘‘Adminis- to provide for the conservation and de- of any amounts made available to the Sec- trator’’ means the Administrator of the En- velopment of water and related re- retary by title I of division D of the Consoli- vironmental Protection Agency. sources, to authorize the Secretary of dated Appropriations Act, 2016 (Public Law (2) CLAIMANT.—The term ‘‘claimant’’ the Army to construct various projects 114–113; 129 Stat. 2397) to carry out activities means a State, Indian tribe, or any person who submits a claim under subsection (c). for improvements to rivers and harbors under the heading ‘‘OPERATION AND MAINTE- (3) GOLD KING MINE SPILL.—The term ‘‘Gold of the United States, and for other pur- NANCE’’ under the heading ‘‘CORPS OF ENGI- NEERS—CIVIL’’ that remain unobligated as of King Mine spill’’ means the discharge on Au- poses; which was ordered to lie on the the date of enactment of this Act, $5,000,000 gust 5, 2015, of approximately 3,000,000 gal- table; as follows: is rescinded. lons of contaminated water from the Gold At the end of title I, add the following: (2) RESTRICTION.—No amounts that have King Mine north of Silverton, Colorado, into SEC. 1lll. SURPLUS WATER STORAGE. been designated by Congress as being for Cement Creek that occurred while contrac- (a) IN GENERAL.—The Secretary shall not emergency requirements pursuant to section tors of the Environmental Protection Agen- charge a fee for surplus water under a con- 251(b)(2)(A)(i) of the Balanced Budget and cy were conducting an investigation of the tract entered into pursuant to section 6 of Emergency Deficit Control Act of 1985 (2 Gold King Mine. the Act of December 22, 1944 (33 U.S.C. 708) U.S.C. 901(b)(2)(A)(i)) shall be rescinded (4) NATIONAL CONTINGENCY PLAN.—The term (commonly known as the ‘‘Flood Control Act under paragraph (1). ‘‘National Contingency Plan’’ means the Na- of 1944’’) or the Water Supply Act of 1958 (43 (c) TERMINATION.—The limitation under tional Contingency Plan prepared and pub- U.S.C. 390b) if the contract is for surplus subsection (a) shall expire on the date that is lished under section 311(d) of the Federal water stored in the Lake Cumberland Water- 10 years after the date of enactment of this Water Pollution Control Act (33 U.S.C. shed, Kentucky and Tennessee . Act. 1321(d)), as revised pursuant to section 105 of (b) OFFSET.— (d) APPLICABILITY.—Nothing in this sec- the Comprehensive Environmental Response, (1) IN GENERAL.—Subject to paragraph (2), tion— Compensation, and Liability Act of 1980 (42 of any amounts made available to the Sec- (1) affects the authority of the Secretary U.S.C. 9605). retary by title I of division D of the Consoli- under section 2695 of title 10, United States (5) RESPONSE.—The term ‘‘response’’ has dated Appropriations Act, 2016 (Public Law Code, to accept funds or to cover the admin- the meaning given the term in section 101 of 114–113; 129 Stat. 2397) to carry out activities istrative expenses relating to certain real the Comprehensive Environmental Response, under the heading ‘‘OPERATION AND MAINTE- property transactions; or Compensation, and Liability Act of 1980 (42 NANCE’’ under the heading ‘‘CORPS OF ENGI- (2) affects the application of section 6 of U.S.C. 9601). NEERS—CIVIL’’ that remain unobligated as of the Act of December 22, 1944 (33 U.S.C. 708) (b) SENSE OF CONGRESS.—It is the sense of the date of enactment of this Act, $5,000,000 (commonly known as the ‘‘Flood Control Act Congress that— is rescinded. of 1944’’) to surplus water stored outside of (1) the Environmental Protection Agency (2) RESTRICTION.—No amounts that have the Lake Cumberland Watershed, Kentucky should be considered liable for all injuries been designated by Congress as being for and Tennessee. arising out of, or relating to, the Gold King emergency requirements pursuant to section Mine spill; 251(b)(2)(A)(i) of the Balanced Budget and SA 5027. Mr. DAINES submitted an (2) any injured person, including any State Emergency Deficit Control Act of 1985 (2 amendment intended to be proposed to or Indian tribe, may bring a claim under U.S.C. 901(b)(2)(A)(i)) shall be rescinded amendment SA 4979 proposed by Mr. chapter 171 of title 28, United States Code under paragraph (1). MCCONNELL (for Mr. INHOFE (for him- (commonly known as the ‘‘Federal Tort (c) TERMINATION.—The limitation under self and Mrs. BOXER)) to the bill S. 2848, Claims Act’’) for any injury arising out of, or subsection (a) shall expire on the date that is relating to, the Gold King Mine spill; and 10 years after the date of enactment of this to provide for the conservation and de- velopment of water and related re- (3) the Administrator should receive, proc- Act. ess, and facilitate payment of claims for in- (d) APPLICABILITY.—Nothing in this sec- sources, to authorize the Secretary of juries arising out of, or relating to, the Gold tion— the Army to construct various projects King Mine spill pursuant to that chapter of (1) affects the authority of the Secretary for improvements to rivers and harbors that title. under section 2695 of title 10, United States of the United States, and for other pur- (c) GOLD KING MINE SPILL CLAIMS PURSU- Code, to accept funds or to cover the admin- poses; which was ordered to lie on the istrative expenses relating to certain real ANT TO THE COMPREHENSIVE ENVIRONMENTAL property transactions; table; as follows: RESPONSE, COMPENSATION, AND LIABILITY (2) affects the application of section 6 of At the end of title I, add the following: ACT.— the Act of December 22, 1944 (33 U.S.C. 708) SEC. 10ll. ENVIRONMENTAL REVIEW OF EN- (1) IN GENERAL.—The Administrator shall, (commonly known as the ‘‘Flood Control Act ERGY EXPORT FACILITIES. consistent with the National Contingency of 1944’’) or the Water Supply Act of 1958 (43 To the extent that the National Environ- Plan, receive and process under the Com- U.S.C. 390b) to surplus water stored outside mental Policy Act of 1969 (42 U.S.C. 4321 et prehensive Environmental Response, Com- of the Lake Cumberland Watershed, Ken- seq.) applies to the issuance of a permit for pensation, and Liability Act of 1980 (42 tucky and Tennessee; or the construction, operation, or maintenance U.S.C. 9601 et seq.), and pay from appropria- (3) affects the authority of the Secretary of a facility for the export of bulk commod- tions made available to the Administrator to to accept funds under section 216(c) of the ities (including any permit denied by the carry out that Act, any claim for response Water Resources Development Act of 1996 (33 Corps of Engineers in a letter dated May 9, costs arising out of, or related to, the Gold U.S.C. 2321a). 2016), the permit shall not be considered de- King Mine spill. nied until each applicable Federal agency (2) ELIGIBLE COSTS.—Response costs— SA 5026. Mr. PAUL submitted an has completed all reviews required for the fa- (A) are eligible for payment by the Admin- amendment intended to be proposed to cility under that Act. istrator under this subsection without re- amendment SA 4979 proposed by Mr. gard to the date on which the response costs Mr. GARDNER (for himself, are incurred; and MCCONNELL (for Mr. INHOFE (for him- SA 5028. Mr. UDALL, Mr. BENNET, Mr. HATCH, (B) include any response cost incurred by a self and Mrs. BOXER)) to the bill S. 2848, claimant that is not inconsistent with the to provide for the conservation and de- Mr. HEINRICH, and Mr. MCCAIN) sub- mitted an amendment intended to be National Contingency Plan. velopment of water and related re- (3) PRESUMPTION.— proposed to amendment SA 4979 pro- sources, to authorize the Secretary of (A) IN GENERAL.—The Administrator shall the Army to construct various projects posed by Mr. MCCONNELL (for Mr. consider response costs claimed under para- for improvements to rivers and harbors INHOFE (for himself and Mrs. BOXER)) to graph (1) to be eligible costs, unless the Ad- of the United States, and for other pur- the bill S. 2848, to provide for the con- ministrator presents substantial evidence servation and development of water that the response costs are inconsistent with poses; which was ordered to lie on the the National Contingency Plan. table; as follows: and related resources, to authorize the Secretary of the Army to construct (B) APPLICABLE STANDARD.—The Adminis- At the end of title I, add the following: various projects for improvements to trator shall make a determination regarding SEC. 1lll. SURPLUS WATER STORAGE. whether a response cost is not inconsistent (a) IN GENERAL.—The Secretary shall not rivers and harbors of the United with the National Contingency Plan based charge a fee for surplus water under a con- States, and for other purposes; which on the same standard that the United States tract entered into pursuant to section 6 of was ordered to lie on the table; as fol- applies in seeking recovery of the response the Act of December 22, 1944 (33 U.S.C. 708) lows: costs of the United States from responsible

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(b); and which was ordered to lie on the table; (4) TIMING.— (2) provide the non-Federal entity with— as follows: (A) IN GENERAL.—Not later than 90 days (A) preliminary findings that include an after the date of enactment of this Act, the analysis and comments on the concept de- On page 12, strike lines 14 through 19 and Administrator shall make a decision on, and sign, as the concept design relates to ap- insert the following: ‘‘(b) LOCAL FLOOD PROTECTION WORKS.— pay, any response costs submitted to the Ad- proval for use in the Corps of Engineers li- ‘‘(1) IN GENERAL.—Permission under sub- ministrator before that date of enactment. censing process and the ultimate develop- section (a) for alterations to a Federal levee, (B) SUBSEQUENTLY FILED COSTS.—Not later ment of the project; floodwall, or flood risk management channel than 90 days after the date on which a re- (B)(i) preliminary approval, denial, or re- project and associated features may be sponse cost is submitted to the Adminis- quest for additional information of the con- granted by a District Engineer of the Depart- trator, the Administrator shall make a deci- cept design; and ment of the Army or an authorized rep- sion on, and pay, any response costs. (ii) a description of any measures nec- resentative. (C) NOTIFICATION.—Not later than 30 days essary for the Corps of Engineers to permit ‘‘(2) TIMELY APPROVAL OF PERMITS.—On the after the date on which the Administrator the project, including engineering designs date that is 120 days after the date on which makes a decision under subparagraph (A) or and measures necessary for permits under the Secretary receives an application for a (B), the Administrator shall notify the section 14 of the Act of March 3, 1899 (com- permit under subsection (a), the application claimant of the decision. monly known as the ‘‘Rivers and Harbors Ap- shall be approved if— (d) WATER QUALITY PROGRAM.— propriations Act of 1899’’) (33 U.S.C. 408); and ‘‘(A) the Secretary has not made a deter- (1) IN GENERAL.—In response to the Gold (C) the assignment of a project delivery co- mination on the approval or disapproval of King Mine spill, the Administrator, in con- ordinator or a Federal Energy Regulatory the application; and junction with affected States, Indian tribes, Commission coordinator, designated by the ‘‘(B) the plans detailed in the application and local governments, shall develop and im- Chief of Engineers, who shall— were prepared and certified by a professional plement a program for long-term water qual- (i) coordinate the project within the Corps engineer licensed by the State in which the ity monitoring of rivers contaminated by the of Engineers; and project is located. Gold King Mine spill. (ii) be given direct oversight over selection (2) REQUIREMENTS.—In carrying out the to the project delivery team members who program described in paragraph (1), the Ad- SA 5031. Mr. CORNYN submitted an have appropriate expertise during the licens- amendment intended to be proposed to ministrator, in conjunction with affected ing process. States, Indian tribes, and local governments, (d) PERMIT REVIEW.—If a non-Federal enti- amendment SA 4979 proposed by Mr. shall— ty has submitted to the Corps of Engineers a MCCONNELL (for Mr. INHOFE (for him- (A) collect water quality samples and sedi- design concept under subsection (a), the ap- self and Mrs. BOXER)) to the bill S. 2848, ment data; plications from that non-Federal entity for to provide for the conservation and de- (B) provide the public with a means of permits under section 14 of the Act of March velopment of water and related re- viewing the samples and data referred to in 3, 1899 (commonly known as the ‘‘Rivers and sources, to authorize the Secretary of subparagraph (A) by, at a minimum, posting Harbors Appropriations Act of 1899’’) (33 the Army to construct various projects the information on the website of the Ad- U.S.C. 408) to develop hydroelectric power at ministrator; for improvements to rivers and harbors the civil works project of the Corps of Engi- of the United States, and for other pur- (C) take any other relevant measure nec- neers identified by the non-Federal entity essary to assist affected States, Indian shall be considered by the project delivery poses; which was ordered to lie on the tribes, and local governments with long-term coordinator or Federal Energy Regulatory table; as follows: water monitoring; and Commission coordinator designated under At the end of title I, add the following: (D) carry out additional program activi- subsection (c)(2)(C). SEC. 10ll. CONVERSION OF SURPLUS WATER ties, as determined by the Administrator. (e) NON-FEDERAL HYDROELECTRIC POWER AGREEMENTS. (3) AUTHORIZATION OF APPROPRIATIONS.— DEVELOPMENT OMBUDSMAN.— Section 6 of the Act of December 22, 1944 There are authorized to be appropriated to (1) DESIGNATION.—The Chief of Engineers (33 U.S.C. 708), is amended— the Administrator such sums as may be nec- shall designate from within the Corps of En- (1) by striking ‘‘SEC. 6. That the Secretary’’ essary to reimburse affected States, Indian gineers an ombudsman, to be known as the and inserting the following: tribes, and local governments for the costs of ‘‘Ombudsman for Non-Federal Hydroelectric ‘‘SEC. 6. SALE OF SURPLUS WATERS FOR DOMES- long-term water quality monitoring of any Power Development’’ (referred to in this sec- TIC AND INDUSTRIAL USES. river contaminated by the Administrator. tion as the ‘‘Ombudsman’’). ‘‘(a) IN GENERAL.—The Secretary’’; and (2) REQUIREMENTS.—The Ombudsman— (2) by adding at the end the following: SA 5029. Mr. VITTER submitted an (A) shall not be otherwise involved in the ‘‘(b) PERMANENT STORAGE AGREEMENTS.—In amendment intended to be proposed to review of any Corps of Engineers permit to any case in which a water supply agreement amendment SA 4979 proposed by Mr. develop hydroelectric power at any civil with a duration of 30 years or longer was predicated on water that was surplus to a MCCONNELL (for Mr. INHOFE (for him- works project of the Corps of Engineers; purpose and provided for the complete pay- self and Mrs. BOXER)) to the bill S. 2848, (B) shall be located at the headquarters of the Corps of Engineers; and ment of the actual investment costs of stor- to provide for the conservation and de- age to be used, and that purpose is no longer (C) shall be an employee serving with the velopment of water and related re- authorized, the Secretary of the Army shall minimum rank of Colonel. sources, to authorize the Secretary of provide to the non-Federal entity an oppor- (3) RESPONSIBILITIES.—With respect to the tunity to convert the agreement to a perma- the Army to construct various projects development of non-Federal hydroelectric for improvements to rivers and harbors nent storage agreement in accordance with power at any civil works project of the Corps section 301 of the Water Supply Act of 1958 of the United States, and for other pur- of Engineers, the Ombudsman shall, on re- poses; which was ordered to lie on the (43 U.S.C. 390b), with the same payment quest made in writing by the non-Federal en- terms incorporated in the agreement.’’. table; as follows: tity or the project delivery coordinator or At the appropriate place, insert the fol- Federal Energy Regulatory Commission co- SA 5032. Mr. CORNYN submitted an lowing: ordinator designated under subsection amendment intended to be proposed to SEC. lll. PRELIMINARY CONCEPT DESIGN (c)(2)(C)— amendment SA 4979 proposed by Mr. PROCESS. (A) within 60 days of the request, resolve, MCCONNELL (for Mr. INHOFE (for him- (a) PRELIMINARY CONCEPT DESIGN DOCU- with respect to Corps of Engineers permits, OXER MENT.—After receipt of a preliminary per- disputes— self and Mrs. B )) to the bill S. 2848, mit, a non-Federal entity seeking to develop (i) within the Corps of Engineers; or to provide for the conservation and de- hydroelectric power at a civil works project (ii) between the non-Federal entity and the velopment of water and related re- of the Corps of Engineers may submit to the Corps of Engineers; and sources, to authorize the Secretary of Corps of Engineers a preliminary concept de- (B) ensure that the development standards the Army to construct various projects sign that is consistent with the license appli- and procedures are consistent in all districts for improvements to rivers and harbors cation process of the Federal Energy Regu- of the Corps of Engineers. of the United States, and for other pur- latory Commission. poses; which was ordered to lie on the (b) INTEGRATED REVIEW.—The heads of the SA 5030. Mr. CASSIDY submitted an table; as follows: district, division, and headquarters levels of amendment intended to be proposed by the Corps of Engineers shall conduct an inte- him to the bill S. 2848, to provide for At the end of title I, add the following: grated review of any preliminary concept de- SEC. 10ll. CONVERSION OF SURPLUS WATER sign submitted under subsection (a). the conservation and development of AGREEMENTS. (c) PRELIMINARY FINDING.—Not later than water and related resources, to author- Section 6 of the Act of December 22, 1944 60 days after a non-Federal entity submits a ize the Secretary of the Army to con- (33 U.S.C. 708), is amended—

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(1) by striking ‘‘SEC. 6. That the Secretary’’ ‘‘Yazoo Basin, Mississippi, Mississippi Delta expansion, Georgia, authorized by section and inserting the following: Headwaters Project, MS’’, authorized by 101(b)(9) of the Water Resources Develop- ‘‘SEC. 6. SALE OF SURPLUS WATERS FOR DOMES- title I of Public Law 98–8 (97 Stat. 22), and ment Act of 1999 (113 Stat. 279; 117 Stat. 141). TIC AND INDUSTRIAL USES. which consists of 16 watersheds located in (2) DEAUTHORIZATION.— ‘‘(a) IN GENERAL.—The Secretary’’; and the eastern foothills of the Yazoo River (A) IN GENERAL.—Effective beginning on (2) by adding at the end the following: Basin, is expanded to include an additional the date of enactment of this Act— ‘‘(b) CONTINUATION OF CERTAIN WATER SUP- 16 watersheds as follows: (i) the New Savannah Bluff Lock and Dam PLY AGREEMENTS.—In any case in which a (1) Arkabutla Creek. is deauthorized; and water supply agreement was predicated on (2) Ascalmore Creek. (ii) notwithstanding section 348(l)(2)(B) of water that was surplus to a purpose and pro- (3) Big Sand Creek. the Water Resources Development Act of vided for contingent permanent storage (4) Camp Creek. 2000 (114 Stat. 2630; 114 Stat. 2763A–228) (as in rights under section 301 of the Water Supply (5) Indian Creek. effect on the day before the date of enact- Act of 1958 (43 U.S.C. 390b) pending the need (6) Johnson Creek. ment of this Act) or any other provision of for storage for that purpose, and that pur- (7) Little Tallahatchie River. law, the New Savannah Bluff Lock and Dam pose is no longer authorized, the Secretary (8) Long Creek. shall not be conveyed to the city of North of the Army shall continue the agreement (9) McIvor Creek. Augusta and Aiken County, South Carolina, with the same payment and all other terms (10) Peach Creek. or any other non-Federal entity. as in effect prior to deauthorization of the (11) Potacocowa Creek. (B) REPEAL.—Section 348 of the Water Re- purpose if the non-Federal entity has met all (12) Skuna River. sources Development Act of 2000 (114 Stat. of the conditions of the agreement. (13) Teoc Creek. 2630; 114 Stat. 2763A–228) is amended— ‘‘(c) PERMANENT STORAGE AGREEMENTS.—In (14) Tillatoba Creek. (i) by striking subsection (l); and any case in which a water supply agreement (15) Turkey Creek. (ii) by redesignating subsections (m) and with a duration of 30 years or longer was (16) Yocona River. (n) as subsections (l) and (m), respectively. predicated on water that was surplus to a (b) OPERATION AND MAINTENANCE.—The (3) PROJECT MODIFICATIONS.— purpose and provided for the complete pay- Secretary may operate and maintain those (A) IN GENERAL.—Notwithstanding any ment of the actual investment costs of stor- features of the project described in sub- other provision of law, the Project is modi- age to be used, and that purpose is no longer section (a) that are located on property on fied to include, as the Secretary determines authorized, the Secretary of the Army shall which the Federal Government retains a real to be necessary— provide to the non-Federal entity an oppor- property interest, including both features (i)(I) repair of the lock wall of the New Sa- tunity to convert the agreement to a perma- completed before the date of enactment of vannah Bluff Lock and Dam and modifica- this Act and features not completed as of the nent storage agreement in accordance with tion of the structure such that the structure date of enactment of this Act. section 301 of the Water Supply Act of 1958 is able— (43 U.S.C. 390b), with the same payment SA 5035. Mr. ISAKSON (for himself (aa) to maintain the pool for navigation, terms incorporated in the agreement.’’. water supply, and recreational activities, as and Mr. PERDUE) submitted an amend- in existence on the date of enactment of this ment intended to be proposed to SA 5033. Mr. COCHRAN (for himself Act; and amendment SA 4979 proposed by Mr. and Mr. WICKER) submitted an amend- (bb) to allow safe passage via a rock ramp ment intended to be proposed to MCCONNELL (for Mr. INHOFE (for him- over the structure to historic spawning self and Mrs. BOXER)) to the bill S. 2848, amendment SA 4979 proposed by Mr. grounds of Shortnose sturgeon, Atlantic to provide for the conservation and de- sturgeon, and other migratory fish; or MCCONNELL (for Mr. INHOFE (for him- velopment of water and related re- (II)(aa) construction at an appropriate lo- self and Mrs. BOXER)) to the bill S. 2848, sources, to authorize the Secretary of cation across the Savannah River of a rock to provide for the conservation and de- the Army to construct various projects weir that is able to maintain the pool for velopment of water and related re- for improvements to rivers and harbors water supply and recreational activities, as sources, to authorize the Secretary of in existence on the date of enactment of this of the United States, and for other pur- the Army to construct various projects Act; and poses; which was ordered to lie on the (bb) removal of the New Savannah Bluff for improvements to rivers and harbors table; as follows: of the United States, and for other pur- Lock and Dam on completion of construction At the end of title I, add the following: of the weir; and poses; which was ordered to lie on the SEC. 1lll. USE OF OPTIMAL FUNDING LEVELS. (ii) conveyance by the Secretary to Au- table; as follows: Notwithstanding any other provision of gusta-Richmond County, Georgia, of the At the end of title IV, add the following: law, in the preparation of each cost estimate park and recreation area adjacent to the SEC. 40ll. PEARL RIVER BASIN, MISSISSIPPI. and post-authorization cost adjustment for a New Savannah Bluff Lock and Dam, without The project for flood damage reduction au- construction project of the Corps of Engi- consideration. thorized by section 401(e)(3) of the Water Re- neers, the Secretary shall use the applicable (B) OPERATION AND MAINTENANCE COSTS.— sources Development Act of 1986 (100 Stat. optimal funding level for that project. The Federal share of the costs of operation 4132), as amended by section 3104 of the and maintenance of any Project feature con- Water Resources Development Act of 2007 SA 5036. Mr. ISAKSON (for himself structed pursuant to subparagraph (A) shall (121 Stat. 1134), is modified to authorize the and Mr. PERDUE) submitted an amend- be 100 percent. Secretary to carry out the project substan- ment intended to be proposed to (4) PROJECT COSTS.—There are authorized tially in accordance with the findings of the amendment SA 4979 proposed by Mr. to be appropriated to the Secretary such Integrated Feasibility and Environmental MCCONNELL (for Mr. INHOFE (for him- sums as are necessary to carry out the Impact Statement Record of Decision ap- self and Mrs. BOXER)) to the bill S. 2848, Project, as modified by paragraph (3). proved by the Assistant Secretary of the to provide for the conservation and de- Army for Civil Works. SA 5037. Mr. MCCAIN (for himself, velopment of water and related re- Mr. CORNYN, Mr. COTTON, Mr. SESSIONS, sources, to authorize the Secretary of SA 5034. Mr. COCHRAN (for himself Mr. BURR, and Mr. GRAHAM) submitted the Army to construct various projects and Mr. WICKER) submitted an amend- an amendment intended to be proposed for improvements to rivers and harbors ment intended to be proposed to to amendment SA 4979 proposed by Mr. of the United States, and for other pur- amendment SA 4979 proposed by Mr. MCCONNELL (for Mr. INHOFE (for him- poses; which was ordered to lie on the MCCONNELL (for Mr. INHOFE (for him- self and Mrs. BOXER)) to the bill S. 2848, table; as follows: self and Mrs. BOXER)) to the bill S. 2848, to provide for the conservation and de- to provide for the conservation and de- At the appropriate place in section 5001 (re- velopment of water and related re- lating to deauthorizations), insert the fol- velopment of water and related re- sources, to authorize the Secretary of lowing: the Army to construct various projects sources, to authorize the Secretary of (l) NEW SAVANNAH BLUFF LOCK AND DAM, the Army to construct various projects GEORGIA AND SOUTH CAROLINA.— for improvements to rivers and harbors for improvements to rivers and harbors (1) DEFINITIONS.—In this subsection: of the United States, and for other pur- of the United States, and for other pur- (A) NEW SAVANNAH BLUFF LOCK AND DAM.— poses; which was ordered to lie on the poses; which was ordered to lie on the The term ‘‘New Savannah Bluff Lock and table; as follows: table; as follows: Dam’’ has the meaning given the term in At the end of title VIII, add the following: section 348(l)(1) of the Water Resources De- SEC. 80ll. COUNTERINTELLIGENCE ACCESS TO At the end of title IV, add the following: velopment Act of 2000 (114 Stat. 2630) (as in TELEPHONE TOLL AND TRANS- SEC. 40ll. YAZOO BASIN, MISSISSIPPI. effect on the day before the date of enact- ACTIONAL RECORDS. (a) IN GENERAL.—The project for flood ment of this Act). Section 2709 of title 18, United States Code, damage reduction, bank stabilization, and (B) PROJECT.—The term ‘‘Project’’ means is amended by striking subsection (b) and in- sediment and erosion control known as the the project for navigation, Savannah Harbor serting the following:

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.022 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5512 CONGRESSIONAL RECORD — SENATE September 12, 2016 ‘‘(b) REQUIRED CERTIFICATION.— SA 5039. Mrs. ERNST (for herself and ment, and notification shall include, con- ‘‘(1) IN GENERAL.—The Director of the Fed- Mr. GRASSLEY) submitted an amend- sistent with performance criteria published eral Bureau of Investigation, or his or her ment intended to be proposed to by the Administrator under subsection (a), designee in a position not lower than Deputy amendment SA 4979 proposed by Mr. monitoring, public notification, storm event Assistant Director at Bureau headquarters testing, source tracking, and sanitary sur- or a Special Agent in Charge in a Bureau MCCONNELL (for Mr. INHOFE (for him- veys, and may include prevention efforts, not field office designated by the Director, may, self and Mrs. BOXER)) to the bill S. 2848, already funded under this Act to address using a term that specifically identifies a to provide for the conservation and de- identified sources of contamination by person, entity, telephone number, or account velopment of water and related re- pathogens and pathogen indicators in coastal as the basis for a request, request informa- sources, to authorize the Secretary of recreation waters adjacent to beaches or tion and records described in paragraph (2) of the Army to construct various projects similar points of access that are used by the a person or entity, but not the contents of an for improvements to rivers and harbors public.’’. electronic communication, if the Director of the United States, and for other pur- (3) AUTHORIZATION OF APPROPRIATIONS.— (or his or her designee) certifies in writing to Section 406(i) of such Act (33 U.S.C. 1346(i)) is the wire or electronic communication serv- poses; which was ordered to lie on the amended by striking ‘‘2001 through 2005’’ and ice provider to which the request is made table; as follows: inserting ‘‘2017 through 2021’’. that the information and records sought are At the end of title VI, add the following: (b) FUNDING FOR BEACHES ENVIRONMENTAL relevant to an authorized investigation to SEC. 60ll. GAO STUDY ON CORPS OF ENGI- ASSESSMENT AND COASTAL HEALTH ACT.—Sec- protect against international terrorism or NEERS METHODOLOGY AND PER- tion 8 of the Beaches Environmental Assess- clandestine intelligence activities, provided FORMANCE METRICS. ment and Coastal Health Act of 2000 (Public that such an investigation of a United States (a) IN GENERAL.—Not later than 1 year Law 106–284) is amended by striking ‘‘2005’’ person is not conducted solely on the basis of after the date of enactment of this Act, the and inserting ‘‘2019’’. Comptroller General shall submit to the activities protected by the first amendment (c) STATE REPORTS.—Section 406(b)(3)(A)(ii) Committee on Environment and Public to the Constitution of the United States. of the Federal Water Pollution Control Act Works of the Senate and the Committee on ‘‘(2) OBTAINABLE TYPES OF INFORMATION AND (33 U.S.C. 1346(b)(3)(A)(ii)) is amended by Transportation and Infrastructure of the RECORDS.—The information and records de- striking ‘‘public’’ and inserting ‘‘public and House of Representatives a study of the scribed in this paragraph are the following: all environmental agencies of the State with methodologies and performance metrics used ‘‘(A) Name, physical address, e-mail ad- authority to prevent or treat sources of by the Corps of Engineers to calculate ben- dress, telephone number, instrument num- pathogenic contamination in coastal recre- efit-cost ratios and evaluate construction ber, and other similar account identifying ation waters’’. projects. information. (d) USE OF RAPID TESTING METHODS.— (b) CONSIDERATIONS.—The study under sub- ‘‘(B) Account number, login history, length (1) CONTENTS OF STATE AND LOCAL GOVERN- of service (including start date), types of section (a) shall address— (1) whether and to what extent the current MENT PROGRAMS.—Section 406(c)(4)(A) of the service, and means and sources of payment Federal Water Pollution Control Act (33 for service (including any card or bank ac- methodologies and performance metrics place small and rural geographic areas at a U.S.C. 1346(c)(4)(A)) is amended by striking count information). ‘‘methods’’ and inserting ‘‘methods, includ- ‘‘(C) Local and long distance toll billing competitive disadvantage; (2) whether the value of property for which ing a rapid testing method after the last day records. of the one-year period after the date of vali- ‘‘(D) Internet Protocol (commonly known damage would be prevented as a result of a flood risk management project is the best dation of that rapid testing method by the as ‘IP’) address or other network address, in- Administrator,’’. cluding any temporarily assigned IP or net- measurement for the primary input in ben- efit-cost calculations for flood risk manage- (2) REVISED CRITERIA.—Section 304(a)(9)(A) work address, communication addressing, of such Act (33 U.S.C. 1314(a)(9)(A)) is amend- routing, or transmission information, includ- ment projects; (3) any recommendations for approaches to ed by striking ‘‘methods, as appropriate’’ ing any network address translation infor- and inserting ‘‘methods, including rapid test- mation (but excluding cell tower informa- modify the metrics used to improve benefit- cost ratio results for small and rural geo- ing methods’’. tion), and session times and durations for an (3) VALIDATION AND USE OF RAPID TESTING electronic communication.’’. graphic areas; and (4) whether a reevaluation of existing ap- METHODS.— SEC. 80ll. PERMANENT AUTHORITY FOR INDI- (A) VALIDATION OF RAPID TESTING METH- VIDUAL TERRORISTS TO BE TREAT- proaches and the primary criteria used to calculate the economic benefits of a Corps of ODS.—Not later than 6 months after the date ED AS AGENTS OF FOREIGN POWERS of enactment of this Act, the Administrator UNDER THE FOREIGN INTEL- Engineers construction project could provide LIGENCE SURVEILLANCE ACT OF greater construction project completion re- of the Environmental Protection Agency (in 1978. sults for small and rural geographic areas this section referred to as the ‘‘Adminis- Section 6001 of the Intelligence Reform and without putting a strain on the budget of the trator’’) shall complete an evaluation and Terrorism Prevention Act of 2004 (50 U.S.C. Corps of Engineers. validation of a rapid testing method for the 1801 note) is amended by striking subsection water quality criteria and standards for (b). SA 5040. Mr. MENENDEZ submitted pathogens and pathogen indicators described an amendment intended to be proposed in section 304(a)(9)(A) of the Federal Water SA 5038. Mrs. CAPITO submitted an to amendment SA 4979 proposed by Mr. Pollution Control Act (33 U.S.C. 1314(a)(9)(A)). amendment intended to be proposed to MCCONNELL (for Mr. INHOFE (for him- amendment SA 4979 proposed by Mr. (B) GUIDANCE FOR USE OF RAPID TESTING self and Mrs. BOXER)) to the bill S. 2848, METHODS.— C ONNELL NHOFE M C (for Mr. I (for him- to provide for the conservation and de- (i) IN GENERAL.—Not later than 180 days self and Mrs. BOXER)) to the bill S. 2848, velopment of water and related re- after completion of the validation under sub- to provide for the conservation and de- sources, to authorize the Secretary of paragraph (A), after providing notice and an velopment of water and related re- the Army to construct various projects opportunity for public comment, the Admin- sources, to authorize the Secretary of for improvements to rivers and harbors istrator shall publish guidance for the use at the Army to construct various projects of the United States, and for other pur- coastal recreation waters adjacent to beach- es or similar points of access that are used for improvements to rivers and harbors poses; which was ordered to lie on the of the United States, and for other pur- by the public of a rapid testing method that table; as follows: will enhance the protection of public health poses; which was ordered to lie on the At the end of title VIII, add the following: and safety through rapid public notification table; as follows: SEC. 8llll. BEACH MONITORING. of any exceedance of applicable water qual- At the end of title I, add the following: (a) WATER POLLUTION SOURCE IDENTIFICA- ity standards for pathogens and pathogen in- SEC. 10ll. CONSIDERATION OF FACTORS IN DIS- TION.— dicators. POSITION STUDIES. (1) MONITORING PROTOCOLS.—Section (ii) PRIORITIZATION.—In developing such In carrying out any disposition study for a 406(a)(1)(A) of the Federal Water Pollution guidance, the Administrator shall require project of the Corps of Engineers (including Control Act (33 U.S.C. 1346(a)(1)(A)) is the use of a rapid testing method at those an assessment and inventory under section amended by striking ‘‘methods for moni- beaches or similar points of access that are 6002 of the Water Resources Reform and De- toring’’ and inserting ‘‘protocols for moni- the most used by the public. velopment Act of 2014 (Public Law 113–121; toring that are most likely to detect patho- (4) DEFINITION.—Section 502 of such Act (33 128 Stat. 1349)), the Secretary shall consider genic contamination’’. U.S.C. 1362) is amended by adding at the end the extent to which the applicable property (2) SOURCE TRACKING.—Section 406(b) of the following: has— such Act (33 U.S.C. 1346(b)) is amended by ‘‘(27) RAPID TESTING METHOD.—The term (1) economic or recreational significance; adding at the end the following: ‘rapid testing method’ means a method of or ‘‘(5) CONTENTS OF MONITORING AND NOTIFICA- testing the water quality of coastal recre- (2) an impact at the national, State, or TION PROGRAMS.—For the purposes of this ation waters for which results are available local level. section, a program for monitoring, assess- as soon as practicable and not more than 4

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.022 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5513 hours after receipt of the applicable sample ‘‘(B) is organized by beach or similar point ‘‘the most protective water quality criteria by the testing facility.’’. of access; and standards practicable’’; and (5) REVISIONS TO RAPID TESTING METHODS.— ‘‘(C) identifies applicable water quality (2) in paragraph (2)(A), by striking ‘‘para- (A) IN GENERAL.—Upon completion of the standards, monitoring protocols, sampling graph (1)(A)’’ each place it appears and in- validation required under paragraph (3)(A), plans and results, and the number and cause serting ‘‘paragraph (1)’’. and every 5 years thereafter, the Adminis- of coastal recreation water closures and ad- (j) NATIONAL LIST OF BEACHES.—Section trator shall identify and review potential visory days; and 406(g) of the Federal Water Pollution Control rapid testing methods for existing water ‘‘(D) is updated within 12 hours of the Act (33 U.S.C. 1346(g)) is amended— quality criteria for pathogens and pathogen availability of information indicating the (1) in paragraph (1), by inserting ‘‘, regard- indicators for coastal recreation waters. presence of pathogens or pathogen indica- less of the presence of a lifeguard,’’ after (B) REVISIONS TO RAPID TESTING METHODS.— tors; and ‘‘that are used by the public’’; and If a rapid testing method identified under ‘‘(10) measures to ensure that closures or (2) in paragraph (3), by striking ‘‘The Ad- subparagraph (A) will make results available advisories are made or issued within 2 hours ministrator’’ and all that follows through in less time and improve the accuracy and after the receipt of the results of a water the period and inserting ‘‘Not later than 12 reproducibility of results when compared to quality sample that exceeds applicable water months after the date of the enactment of the existing rapid testing method, the Ad- quality standards for pathogens and patho- the Water Resources Development Act of ministrator shall complete an evaluation gen indicators.’’. 2016, and biennially thereafter, the Adminis- trator shall update the list described in para- and validation of the rapid testing method as (g) COMPLIANCE REVIEW.—Section 406(h) of expeditiously as practicable. the Federal Water Pollution Control Act (33 graph (1).’’. (k) IMPACT OF CLIMATE CHANGE ON PATHO- (C) REPORTING REQUIREMENT.—Upon com- U.S.C. 1346(h)) is amended— GENIC CONTAMINATION OF COASTAL RECRE- pletion of the review required under subpara- (1) by redesignating paragraphs (1) and (2) ATION WATERS.— graph (A), the Administrator shall publish in as subparagraphs (A) and (B), respectively; (1) STUDY.—The Administrator shall con- the Federal Register the results of the re- (2) by moving such subparagraphs 2 ems to duct a study on the long-term impact of cli- view, including information on any potential the right; mate change on pathogenic contamination of rapid testing method proposed for evaluation (3) by striking ‘‘In the’’ and inserting the coastal recreation waters. and validation under subparagraph (B). following: (2) REPORT.— (D) DECLARATION OF GOALS FOR RAPID TEST- ‘‘(1) IN GENERAL.—In the’’; and (A) IN GENERAL.—Not later than one year ING METHODS.—It is a national goal that by (4) by adding at the end the following: after the date of enactment of this Act, the 2019, a rapid testing method for testing water ‘‘(2) COMPLIANCE REVIEW.—On or before Administrator shall submit to Congress a re- quality of coastal recreation waters be devel- July 31 of each calendar year beginning after port on the results of the study conducted oped that can produce accurate and repro- the date of enactment of this paragraph, the under paragraph (1). ducible results in not more than 2 hours Administrator shall— (B) INFORMATION ON POTENTIAL CONTAMINA- after receipt of the applicable sample. ‘‘(A) prepare a written assessment of com- TION IMPACTS.—The report shall include in- (e) NOTIFICATION OF FEDERAL, STATE, AND pliance with all statutory and regulatory re- formation on the potential impacts of patho- LOCAL AGENCIES.—Section 406(c) of the Fed- quirements of this section for each State and genic contamination on ground and surface eral Water Pollution Control Act (33 U.S.C. local government and of compliance with water resources as well as public and eco- 1346(c)) is amended— conditions of each grant made under this system health in coastal communities. (1) in paragraph (5), in the matter pre- section to a State or local government; (C) FEDERAL ACTIONS.—The report shall ceding subparagraph (A), by striking ‘‘(B) notify the State or local government highlight necessary Federal actions to help ‘‘prompt communication’’ and inserting of such assessment; and advance the availability of information and ‘‘communication, within 2 hours of the re- ‘‘(C) make each of the assessments avail- tools to assess and mitigate these effects in ceipt of the results of a water quality sam- able to the public in a searchable database order to protect public and ecosystem ple,’’; on the Internet on or before December 31 of health. (2) by striking paragraph (5)(A) and insert- such calendar year. (D) CONSULTATION.—In developing the re- ing the following: ‘‘(3) CORRECTIVE ACTION.—If a State or port, the Administrator shall work in con- ‘‘(A) in the case of— local government that the Administrator no- sultation with agencies active in the devel- ‘‘(i) any State in which the Administrator tifies under paragraph (2) is not in compli- opment of the National Water Quality Moni- is administering the program under section ance with any requirement or grant condi- toring Network and the implementation of 402, the Administrator, in such form as the tion described in paragraph (2) fails to take the Ocean Research Priorities Plan and Im- Administrator determines to be appropriate; such action as may be necessary to comply plementation Strategy. and with such requirement or condition within (l) IMPACT OF EXCESS NUTRIENTS ON COAST- ‘‘(ii) any State other than a State to which one year after the date of notification, any AL RECREATION WATERS.— clause (i) applies, all agencies of the State grants made under subsection (b) to the (1) STUDY.—The Administrator shall con- government with authority to require the State or local government, after the last day duct a study to review the available sci- prevention or treatment of the sources of of such one-year period and while the State entific information pertaining to the im- coastal recreation water pollution; and’’; or local government is not in compliance pacts of excess nutrients on coastal recre- (3) by redesignating paragraphs (6) and (7) with all requirements and grant conditions ation waters. as paragraphs (7) and (8), respectively; and described in paragraph (2), shall have a Fed- (2) REPORT.— (4) by inserting after paragraph (5) the fol- eral share of not to exceed 50 percent. (A) IN GENERAL.—Not later than one year lowing: ‘‘(4) GAO REVIEW.—Not later than Decem- after the date of enactment of this Act, the ‘‘(6) measures for an annual report to the ber 31 of the third calendar year beginning Administrator shall transmit to the Com- Administrator, in such form as the Adminis- after the date of enactment of this para- mittee on Transportation and Infrastructure trator determines appropriate, on the occur- graph, the Comptroller General shall con- of the House of Representatives and the rence, nature, location, pollutants involved, duct a review of the activities of the Admin- Committee on Environment and Public and extent of any exceedance of applicable istrator under paragraphs (2) and (3) during Works of the Senate a report on the results water quality standards for pathogens and the first and second calendar years beginning of the study conducted under paragraph (1). pathogen indicators;’’. after such date of enactment and submit to (B) IMPACTS.—Such report shall include in- (f) CONTENT OF STATE AND LOCAL PRO- Congress a report on the results of such re- formation on any adverse impacts of excess GRAMS.—Section 406(c) of the Federal Water view.’’. nutrients on coastal recreation waters, in- Pollution Control Act (33 U.S.C. 1346(c)) is (h) PUBLICATION OF COASTAL RECREATION cluding adverse impacts caused by algal amended— WATERS PATHOGEN LIST.—Section 304(a)(9) of blooms resulting from excess nutrients. (1) in paragraph (7) (as redesignated by sub- the Federal Water Pollution Control Act (33 (C) RECOMMENDATIONS.—Such report shall section (e)(3))— U.S.C. 1314(a)(9)) is amended by adding at the include recommendations for action to ad- (A) by striking ‘‘the posting’’ and inserting end the following: dress adverse impacts of excess nutrients and ‘‘the immediate posting’’; and ‘‘(C) PUBLICATION OF PATHOGEN AND PATHO- algal blooms on coastal recreation waters, (B) by striking ‘‘and’’ at the end; GEN INDICATOR LIST.—Upon publication of the including the establishment and implemen- (2) by striking the period at the end of new or revised water quality criteria under tation of numeric water quality criteria for paragraph (8) (as redesignated by subsection subparagraph (A), the Administrator shall nutrients. (e)(3)) and inserting a semicolon; and publish in the Federal Register a list of all (D) CONSULTATION.—In developing such re- (3) by adding at the end the following: pathogens and pathogen indicators studied port, the Administrator shall consult with ‘‘(9) the availability of a geographic infor- under section 104(v).’’. the heads of other appropriate Federal agen- mation system database that such State or (i) ADOPTION OF NEW OR REVISED CRITERIA cies (including the National Oceanic and At- local government program shall use to in- AND STANDARDS.—Section 303(i) of the Fed- mospheric Administration), States, and local form the public about coastal recreation eral Water Pollution Control Act (33 U.S.C. government entities. waters and that— 1313(i)) is amended— ‘‘(A) is publicly accessible and searchable (1) in paragraph (1)(A), by striking ‘‘water SA 5041. Mr. TESTER submitted an on the Internet; quality criteria and standards’’ and inserting amendment intended to be proposed to

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.025 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5514 CONGRESSIONAL RECORD — SENATE September 12, 2016 amendment SA 4979 proposed by Mr. Fork, South Fork, and main stem of the (17) SECRETARY.—The term ‘‘Secretary’’ MCCONNELL (for Mr. INHOFE (for him- Milk River and tributaries, from the head- means the Secretary of the Interior. self and Mrs. BOXER)) to the bill S. 2848, waters to the confluence with the Missouri (18) STATE.—The term ‘‘State’’ means the to provide for the conservation and de- River. State of Montana. (8) MILK RIVER PROJECT.— (19) SWIFTCURRENT CREEK BANK STABILIZA- velopment of water and related re- (A) IN GENERAL.—The term ‘‘Milk River TION PROJECT.—The term ‘‘Swiftcurrent sources, to authorize the Secretary of Project’’ means the Bureau of Reclamation Creek Bank Stabilization Project’’ means the Army to construct various projects project conditionally approved by the Sec- the project to mitigate the physical and en- for improvements to rivers and harbors retary on March 14, 1903, pursuant to the Act vironmental problems associated with the of the United States, and for other pur- of June 17, 1902 (32 Stat. 388, chapter 1093), St. Mary Unit from Sherburne Dam to the poses; which was ordered to lie on the commencing at Lake Sherburne Reservoir St. Mary River, as described in the report en- table; as follows: and providing water to a point approxi- titled ‘‘Boulder/Swiftcurrent Creek Sta- mately 6 miles east of Nashua, Montana. bilization Project, Phase II Investigations At the end, add the following: (B) INCLUSIONS.—The term ‘‘Milk River Report’’, prepared by DOWL HKM, and dated TITLE IX—BLACKFEET WATER RIGHTS Project’’ includes— March 2012. SETTLEMENT ACT (i) the St. Mary Unit; (20) TRIBAL WATER RIGHTS.—The term SEC. 9001. SHORT TITLE. (ii) the Fresno Dam and Reservoir; and ‘‘Tribal water rights’’ means the water This title may be cited as the ‘‘Blackfeet (iii) the Dodson pumping unit. rights of the Tribe described in article III of Water Rights Settlement Act’’. (9) MILK RIVER PROJECT WATER RIGHTS.— the Compact and this title, including— SEC. 9002. PURPOSES. The term ‘‘Milk River Project water rights’’ (A) the Lake Elwell allocation provided to The purposes of this title are— means the water rights held by the Bureau of the Tribe under section 9009; and (1) to achieve a fair, equitable, and final Reclamation on behalf of the Milk River (B) the instream flow water rights de- settlement of claims to water rights in the Project, as finally adjudicated by the Mon- scribed in section 9019. State of Montana for— tana Water Court. (21) TRIBE.—The term ‘‘Tribe’’ means the (A) the Blackfeet Tribe of the Blackfeet In- (10) MILK RIVER WATER RIGHT.—The term Blackfeet Tribe of the Blackfeet Indian Res- dian Reservation; and ‘‘Milk River water right’’ means the portion ervation of Montana. of the Tribal water rights described in arti- (B) the United States, for the benefit of the SEC. 9004. RATIFICATION OF COMPACT. cle III.F of the Compact and this title. Tribe and allottees; (a) RATIFICATION.— (11) MISSOURI RIVER BASIN.—The term (2) to authorize, ratify, and confirm the (1) IN GENERAL.—As modified by this title, ‘‘Missouri River Basin’’ means the hydro- water rights compact entered into by the the Compact is authorized, ratified, and con- logic basin of the Missouri River (including Tribe and the State, to the extent that the firmed. tributaries). (2) AMENDMENTS.—Any amendment to the Compact is consistent with this title; (12) MR&I SYSTEM.—The term ‘‘MR&I Sys- Compact is authorized, ratified, and con- (3) to authorize and direct the Secretary of tem’’ means the intake, treatment, pumping, firmed, to the extent that such amendment the Interior— storage, pipelines, appurtenant items, and is executed to make the Compact consistent (A) to execute the Compact; and any other feature of the system, as generally with this title. (B) to take any other action necessary to described in the document entitled ‘‘Black- (b) EXECUTION.— carry out the Compact in accordance with feet Regional Water System’’, prepared by (1) IN GENERAL.—To the extent that the this title; and DOWL HKM, and dated June 2010, and modi- Compact does not conflict with this title, the (4) to authorize funds necessary for the im- fied by DOWL HKM, as set out in the adden- Secretary shall execute the Compact, includ- plementation of the Compact and this title. dum to the report dated March 2013. ing all exhibits to, or parts of, the Compact SEC. 9003. DEFINITIONS. (13) OM&R.—The term ‘‘OM&R’’ means— requiring the signature of the Secretary. In this title: (A) any recurring or ongoing activity asso- (2) MODIFICATIONS.—Nothing in this title (1) ALLOTTEE.—The term ‘‘allottee’’ means ciated with the day-to-day operation of a precludes the Secretary from approving any any individual who holds a beneficial real project; modification to an appendix or exhibit to the property interest in an allotment of Indian (B) any activity relating to scheduled or Compact that is consistent with this title, to land that is— unscheduled maintenance of a project; and the extent that the modification does not (A) located within the Reservation; and (C) any activity relating to replacing a fea- otherwise require congressional approval (B) held in trust by the United States. ture of a project. under section 2116 of the Revised Statutes (25 (2) BIRCH CREEK AGREEMENT.—The term (14) RESERVATION.—The term ‘‘Reserva- U.S.C. 177) or any other applicable provision ‘‘Birch Creek Agreement’’ means— tion’’ means the Blackfeet Indian Reserva- of Federal law. (A) the agreement between the Tribe and tion of Montana, as— (c) ENVIRONMENTAL COMPLIANCE.— the State regarding Birch Creek water use (A) established by the Treaty of October 17, (1) IN GENERAL.—In implementing the Com- dated January 31, 2008 (as amended on Feb- 1855 (11 Stat. 657); and pact and this title, the Secretary shall com- ruary 13, 2009); and (B) modified by— ply with all applicable provisions of— (B) any amendment or exhibit (including (i) the Executive Order of July 5, 1873 (re- (A) the Endangered Species Act of 1973 (16 exhibit amendments) to that agreement that lating to the Blackfeet Reserve); U.S.C. 1531 et seq.); is executed in accordance with this title. (ii) the Act of April 15, 1874 (18 Stat. 28, (B) the National Environmental Policy Act (3) BLACKFEET IRRIGATION PROJECT.—The chapter 96); of 1969 (42 U.S.C. 4321 et seq.); and term ‘‘Blackfeet Irrigation Project’’ means (iii) the Executive order of August 19, 1874 (C) all other applicable environmental laws the irrigation project authorized by the mat- (relating to the Blackfeet Reserve); and regulations. ter under the heading ‘‘MONTANA’’ of title (iv) the Executive order of April 13, 1875 (2) EFFECT OF EXECUTION.— II of the Act of March 1, 1907 (34 Stat. 1035, (relating to the Blackfeet Reserve); (A) IN GENERAL.—The execution of the chapter 2285), and administered by the Bu- (v) the Executive order of July 13, 1880 (re- Compact by the Secretary under this section reau of Indian Affairs. lating to the Blackfeet Reserve); shall not constitute a major Federal action (4) COMPACT.—The term ‘‘Compact’’ (vi) the Agreement with the Blackfeet, for purposes of the National Environmental means— ratified by the Act of May 1, 1888 (25 Stat. Policy Act of 1969 (42 U.S.C. 4321 et seq.). (A) the Blackfeet-Montana water rights 113, chapter 213); and (B) COMPLIANCE.—The Secretary shall compact dated April 15, 2009, as contained in (vii) the Agreement with the Blackfeet, carry out all Federal compliance activities section 85–20–1501 of the Montana Code Anno- ratified by the Act of June 10, 1896 (29 Stat. necessary to implement the Compact and tated (2015); and 353, chapter 398). this title. (B) any amendment or exhibit (including (15) ST. MARY RIVER WATER RIGHT.—The SEC. 9005. MILK RIVER WATER RIGHT. exhibit amendments) to the Compact that is term ‘‘St. Mary River water right’’ means (a) IN GENERAL.—With respect to the Milk executed to make the Compact consistent that portion of the Tribal water rights de- River water right, the Tribe— with this title. scribed in article III.G.1.a.i. of the Compact (1) may continue the historical uses and (5) ENFORCEABILITY DATE.—The term ‘‘en- and this title. the uses in existence on the date of enact- forceability date’’ means the date described (16) ST. MARY UNIT.— ment of this title; and in section 9020(f). (A) IN GENERAL.—The term ‘‘St. Mary (2) except as provided in article III.F.1.d of (6) LAKE ELWELL.—The term ‘‘Lake Elwell’’ Unit’’ means the St. Mary Storage Unit of the Compact, shall not develop new uses means the water impounded on the Marias the Milk River Project authorized by Con- until the date on which— River in the State by Tiber Dam, a feature of gress on March 25, 1905. (A) the Tribe has entered into the agree- the Lower Marias Unit of the Pick-Sloan (B) INCLUSIONS.—The term ‘‘St. Mary ment described in subsection (c); or Missouri River Basin Program authorized by 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—

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.026 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5515 (1) may continue any use in existence on (i) the approval of the Secretary; and the Compact, any reduction in the Milk the date of enactment of this title; and (ii) the consent of the Tribe and the Fort River Project water supply caused by the de- (2) shall not change any use until the date Belknap Indian Community. livery of water under subsection (c) shall not on which— (f) USE OF FUNDS.—The Secretary shall dis- constitute injury to Milk River Project (A) the Tribe has entered into the agree- tribute equally the funds made available water users. ment described in subsection (c); or under section 9018(a)(2)(C)(ii) to the Tribe (e) SUBSEQUENT CONTRACTS.— (B) the Secretary has established the terms and the Fort Belknap Indian Community to (1) IN GENERAL.—As part of the studies au- and conditions described in subsection (e). use to reach an agreement under this sec- thorized by section 9007(c)(1), the Secretary, (c) TRIBAL AGREEMENT.— tion, including for technical analyses and acting through the Commissioner of Rec- (1) IN GENERAL.—In consultation with the legal and other related efforts. lamation, and in cooperation with the Tribe, Commissioner of Reclamation and the Direc- SEC. 9006. WATER DELIVERY THROUGH MILK shall identify alternatives to provide to the tor of the Bureau of Indian Affairs, the Tribe RIVER PROJECT. Tribe water from the St. Mary River water and the Fort Belknap Indian Community (a) IN GENERAL.—Subject to the avail- right in quantities greater than the 5,000 shall enter into an agreement to provide for ability of appropriations, the Secretary, act- acre-feet per year of water described in sub- the exercise of their respective water rights ing through the Commissioner of Reclama- section (c)(3)(E)(i). on the respective reservations of the Tribe tion, shall carry out the activities author- (2) CONTRACT FOR WATER DELIVERY.—If the and the Fort Belknap Indian Community in ized under this section with respect to the Secretary determines under paragraph (1) the Milk River. St. Mary River water right. that more than 5,000 acre-feet per year of the (2) CONSIDERATIONS.—The agreement en- (b) TREATMENT.—Notwithstanding article St. Mary River water right can be delivered tered into under paragraph (1) shall take IV.D.4 of the Compact, any responsibility of to the Tribe, the Secretary shall offer to into consideration— the United States with respect to the St. enter into 1 or more contracts with the Tribe Mary River water right shall be limited to, (A) the equal priority dates of the 2 Indian for the delivery of that water, subject to the and fulfilled pursuant to— tribes; requirements of subsection (c)(3), except sub- (1) subsection (c) of this section; and (B) the water supplies of the Milk River; section (c)(3)(E)(i), and this subsection. (2) subsection (b)(3) of section 9016 and sub- and (3) TREATMENT.—Any delivery of water section (a)(1)(C) of section 9018. (C) historical, current, and future uses under this subsection shall be subject to re- (c) WATER DELIVERY CONTRACT.— identified by each Indian tribe. duction in the same manner as for Milk (1) IN GENERAL.—Not later than 180 days (d) SECRETARIAL DETERMINATION.— River Project contract holders. after the enforceability date, the Secretary (1) IN GENERAL.—Not later than 120 days (f) SUBCONTRACTS.— shall enter into a water delivery contract after the date on which the agreement de- (1) IN GENERAL.—The Tribe may enter into with the Tribe for the delivery of not greater scribed in subsection (c) is submitted to the any subcontract for the delivery of water than 5,000 acre-feet per year of the St. Mary Secretary, the Secretary shall review and ap- under this section to a third party, in ac- River water right through Milk River prove or disapprove the agreement. cordance with section 9015(e). (2) APPROVAL.—The Secretary shall ap- Project facilities to the Tribe or another en- (2) COMPLIANCE WITH OTHER LAW.—All sub- tity specified by the Tribe. prove the agreement if the Secretary finds contracts described in paragraph (1) shall (2) TERMS AND CONDITIONS.—The contract that the agreement— comply with— under paragraph (1) shall establish the terms (A) equitably accommodates the interests (A) this title; of each Indian tribe in the Milk River; and conditions for the water deliveries de- (B) the Compact; (B) adequately considers the factors de- scribed in paragraph (1) in accordance with (C) the tribal water code; and scribed in subsection (c)(2); and the Compact and this title. (D) other applicable law. (C) is otherwise in accordance with appli- (3) REQUIREMENTS.—The water delivery (3) NO LIABILITY.—The Secretary shall not cable law. contract under paragraph (1) shall include be liable to any party, including the Tribe, (3) DEADLINE EXTENSION.—The deadline to provisions requiring that— for any term of, or any loss or other det- review the agreement described in paragraph (A) the contract shall be without limit as riment resulting from, a lease, contract, or (1) may be extended by the Secretary after to term; other agreement entered into pursuant to consultation with the Tribe and the Fort (B) the Tribe, and not the United States, this subsection. Belknap Indian Community. shall collect, and shall be entitled to, all (g) EFFECT OF PROVISIONS.—Nothing in this ECRETARIAL DECISION.— (e) S consideration due to the Tribe under any section— (1) IN GENERAL.—If the Tribe and the Fort lease, contract, or agreement entered into by (1) precludes the Tribe from taking the Belknap Indian Community do not, by 3 the Tribe pursuant to subsection (f); water described in subsection (c)(3)(E)(i), or years after the Secretary certifies under sec- (C) the United States shall have no obliga- any additional water provided under sub- tion 9020(f)(5) that the Tribal membership tion to monitor, administer, or account for— section (e), from the direct flow of the St. has approved the Compact and this title, (i) any funds received by the Tribe as con- Mary River; or enter into an agreement approved under sub- sideration under any lease, contract, or (2) modifies the quantity of the Tribal section (d)(2), the Secretary, in the Sec- agreement entered into by the Tribe pursu- water rights described in article III.G.1 of retary’s sole discretion, shall establish, after ant to subsection (f); or the Compact. consultation with the Tribe and the Fort (ii) the expenditure of such funds; (h) OTHER RIGHTS.—Notwithstanding the Belknap Indian Community, terms and con- (D) if water deliveries under the contract requirements of article III.G.1.d of the Com- ditions that reflect the considerations de- are interrupted for an extended period of pact, after satisfaction of all water rights scribed in subsection (c)(2) by which the re- time because of damage to, or a reduction in under State law for use of St. Mary River spective water rights of the Tribe and the the capacity of, St. Mary Unit facilities, the water, including the Milk River Project Fort Belknap Indian Community in the Milk rights of the Tribe shall be treated in the water rights, the Tribe shall have the right River may be exercised. same manner as the rights of other contrac- to the remaining portion of the share of the (2) CONSIDERATION AS FINAL AGENCY AC- tors receiving water deliveries through the United States in the St. Mary River under TION.—The establishment by the Secretary of Milk River Project with respect to the water the International Boundary Waters Treaty of terms and conditions under paragraph (1) delivered under this section; 1909 (36 Stat. 2448) for any tribally authorized shall be considered to be a final agency ac- (E) deliveries of water under this section use or need consistent with this title. tion for purposes of review under chapter 7 of shall be— SEC. 9007. 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 nity. (3)(E)(i) of subsection (c) shall not be subject for the Tribe pursuant to subsections (c) and (5) EFFECTIVE DATE.—The agreement under to shortage sharing or reduction, except as (e) of section 9006, together with any use by subsection (c) and a decision of the Secretary provided in paragraph (3)(D) of that sub- the Tribe of that water in accordance with under this subsection— section. this title— (A) shall be effective immediately; and (2) NO INJURY TO MILK RIVER PROJECT WATER (1) shall be considered to be an authorized (B) may not be modified absent— USERS.—Notwithstanding article IV.D.4 of purpose of the Milk River Project; and

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MARY RIVER STUDIES.— River Project (permissive or otherwise) in (B) may be extended by the Secretary at (1) IN GENERAL.—Subject to the avail- existence as of December 31, 2015, including the request of the Tribe. ability of appropriations, the Secretary, in all facilities, flowage easements, and access (3) OM&R COSTS.—Effective beginning on cooperation with the Tribe and the State, easements necessary for the operation and the date that is 10 years after the date on shall conduct— maintenance of the Milk River Project. which the Tribe begins marketing hydro- (A) an appraisal study— (2) AGREEMENT REGARDING EXISTING USES.— electric power generated from the St. Mary (i) to develop a plan for the management The Tribe and the Secretary shall enter into Unit to any third party, the Tribe shall and development of water supplies in the St. an agreement for a process to determine the make annual payments for operation, main- Mary River Basin and Milk River Basin, in- location, nature, and extent of the existing tenance, and replacement costs attributable cluding the St. Mary River and Milk River uses referenced in this subsection. The agree- to the direct use of any facilities by the water supplies for the Tribe and the Milk ment shall require that— Tribe for hydroelectric power generation, in River water supplies for the Fort Belknap In- (A) a panel of 3 individuals determine the amounts determined in accordance with the dian Community; and location, nature, and extent of existing uses guidelines and methods of the Bureau of Rec- (ii) to identify alternatives to develop ad- necessary for the operation and maintenance lamation for assessing operation, mainte- ditional water of the St. Mary River for the of the Milk River Project (the ‘‘Panel Deter- nance, and replacement charges. Tribe; and mination’’), with the Tribe appointing 1 rep- (c) BUREAU OF RECLAMATION COOPERA- (B) a feasibility study— resentative of the Tribe, the Secretary ap- TION.—The Commissioner of Reclamation (i) using the information resulting from pointing 1 representative of the Secretary, shall cooperate with the Tribe in the devel- the appraisal study conducted under para- and those 2 representatives jointly appoint- opment of any hydroelectric power genera- graph (1) and such other information as is ing a third individual; tion project under this section. relevant, to evaluate the feasibility of— (B) if the Panel Determination is unani- (d) AGREEMENT.—Before construction of a (I) alternatives for the rehabilitation of mous, the Tribe grant a right-of-way to the hydroelectric power generation project the St. Mary Diversion Dam and Canal; and United States for the existing uses identified under this section, the Tribe shall enter into (II) increased storage in Fresno Dam and in the Panel Determination in accordance an agreement with the Commissioner of Rec- Reservoir; and with applicable law without additional com- lamation that includes provisions— (ii) to create a cost allocation study that is pensation; (1) requiring that— based on the authorized purposes described (C) if the Panel Determination is not unan- (A) the design, construction, and operation in subsections (a) and (b). imous— of the project shall be consistent with the (2) COOPERATIVE AGREEMENT.—On request (i) the Secretary adopt the Panel Deter- Bureau of Reclamation guidelines and meth- of the Tribe, the Secretary shall enter into a mination with any amendments the Sec- ods for hydroelectric power development at cooperative agreement with the Tribe with retary reasonably determines necessary to Bureau facilities, as appropriate; and respect to the portion of the appraisal study correct any clear error (the ‘‘Interior Deter- (B) the hydroelectric power generation described in paragraph (1)(A). mination’’), provided that if any portion of project will not impair the efficiencies of the (3) COSTS NONREIMBURSABLE.—The cost of the Panel Determination is unanimous, the Milk River Project for authorized purposes; the studies under this subsection shall not Secretary will not amend that portion; and (2) regarding construction and operating be— (ii) the Tribe grant a right-of-way to the criteria and emergency procedures; and (A) considered to be a cost of the Milk United States for the existing uses identified (3) under which any modification proposed River Project; or in the Interior Determination in accordance by the Tribe to a facility owned by the Bu- (B) reimbursable in accordance with the with applicable law without additional com- reau of Reclamation shall be subject to re- reclamation laws. pensation, with the agreement providing for view and approval by the Secretary, acting (d) SWIFTCURRENT CREEK BANK STABILIZA- the timing of the grant to take into consid- through the Commissioner of Reclamation. TION.— eration the possibility of review under para- (e) USE OF HYDROELECTRIC POWER BY (1) IN GENERAL.—Subject to the avail- graph (5). TRIBE.—Any hydroelectric power generated ability of appropriations, the Secretary, act- (3) EFFECT.—Determinations made under in accordance with this section shall be used ing through the Commissioner of Reclama- this subsection— or marketed by the Tribe. tion, shall carry out appropriate activities (A) do not address title as between the (f) REVENUES.—The Tribe shall collect and concerning the Swiftcurrent Creek Bank United States and the Tribe; and retain any revenues from the sale of hydro- Stabilization Project, including— (B) do not apply to any new use of Reserva- electric power generated by a project under (A) a review of the final project design; and tion land by the United States for the Milk this section. (B) value engineering analyses. River Project after December 31, 2015. (g) LIABILITY OF UNITED STATES.—The (2) MODIFICATION OF FINAL DESIGN.—Prior (4) INTERIOR DETERMINATION AS FINAL AGEN- United States shall have no obligation to to beginning construction activities for the CY ACTION.—Any determination by the Sec- monitor, administer, or account for— Swiftcurrent Creek Bank Stabilization retary under paragraph (2)(C) shall be consid- (1) any revenues received by the Tribe Project, on the basis of the review conducted ered to be a final agency action for purposes under this section; or under paragraph (1), the Secretary shall ne- of review under chapter 7 of title 5, United (2) the expenditure of those revenues. gotiate with the Tribe appropriate changes, States Code. (h) PREFERENCE.—During any period for if any, to the final design— (5) JUDICIAL REVIEW.—An action for judi- which the exclusive right of the Tribe de- (A) to ensure compliance with applicable cial review pursuant to this section shall be scribed in subsection (b)(1) is not in effect, industry standards; brought by not later than the date that is 1 the Tribe shall have a preference to develop (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); (a)(1) STORAGE ALLOCATION TO TRIBE.—The (3) APPLICABILITY OF ISDEAA.—At the re- and Secretary shall allocate to the Tribe 45,000 quest of the Tribe, and in accordance with (3) $3,100,000 to carry out subsection (f). acre-feet per year of water stored in Lake the Indian Self-Determination and Edu- SEC. 9008. ST. MARY CANAL HYDROELECTRIC Elwell for use by the Tribe for any beneficial cation Assistance Act (25 U.S.C. 5301 et seq.), POWER GENERATION. purpose on or off the Reservation, under a the Secretary shall enter into 1 or more (a) BUREAU OF RECLAMATION JURISDIC- water right held by the United States and agreements with the Tribe to carry out the TION.—Effective beginning on the date of en- managed by the Bureau of Reclamation, as Swiftcurrent Bank Stabilization Project. actment of this title, the Commissioner of measured at the outlet works of Tiber Dam (e) ADMINISTRATION.—The Commissioner of Reclamation shall have exclusive jurisdic- or through direct pumping from Lake Elwell. Reclamation and the Tribe shall negotiate tion to authorize the development of hydro- (2) REDUCTION.—Up to 10,000 acre-feet per the cost of any oversight activity carried out power on the St. Mary Unit. year of water allocated to the Tribe pursuant by the Bureau of Reclamation under any (b) RIGHTS OF TRIBE.— to paragraph (1) will be subject to an acre- agreement entered into under this section, (1) EXCLUSIVE RIGHT OF TRIBE.—Subject to foot for acre-foot reduction if depletions subject to the condition that the total cost paragraph (2) and notwithstanding any other from the Tribal water rights above Lake for the oversight shall not exceed 4 percent provision of law, the Tribe shall have the ex- Elwell exceed 88,000 acre-feet per year of of the total costs incurred under this sec- clusive right to develop and market hydro- water because of New Development (as de- tion. electric power of the St. Mary Unit. fined in article II.37 of the Compact). (f) MILK RIVER PROJECT RIGHTS-OF-WAY (2) LIMITATIONS.—The exclusive right de- (b) TREATMENT.— AND EASEMENTS.— scribed in paragraph (1)— (1) IN GENERAL.—The allocation to the (1) IN GENERAL.—Subject to paragraphs (2) (A) shall expire on the date that is 15 years Tribe under subsection (a) shall be consid- and (3), the Tribe shall grant the United after the date of enactment of an Act appro- ered to be part of the Tribal water rights.

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(2) PRIORITY DATE.—The priority date of (e) EFFECTIVE DATE.—The allocation under feet of water per year, in accordance with the allocation to the Tribe under subsection subsection (a) takes effect on the enforce- subparagraph (C); and (a) shall be the priority date of the Lake ability date. (C) construction of facilities to deliver not Elwell water right held by the Bureau of (f) NO CARRYOVER STORAGE.—The alloca- less than 15,000 acre-feet of water per year Reclamation. tion under subsection (a) shall not be in- from Four Horns Dam and Reservoir, to a (3) ADMINISTRATION.—The Tribe shall ad- creased by any year-to-year carryover stor- point on or near Birch Creek to be des- minister the water allocated under sub- age. ignated by the Tribe and the State for deliv- section (a) in accordance with the Compact (g) DEVELOPMENT AND DELIVERY COSTS.— ery of water to the water delivery system of and this title. The United States shall not be required to the Pondera County Canal and Reservoir pay the cost of developing or delivering any Company on Birch Creek, in accordance with (c) ALLOCATION AGREEMENT.— water allocated under this section. the Birch Creek Agreement. (1) IN GENERAL.—As a condition of receiv- (3) NEGOTIATION WITH TRIBE.—On the basis ing an allocation under this section, the SEC. 9010. IRRIGATION ACTIVITIES. of the review described in paragraph (1)(A), Tribe shall enter into an agreement with the (a) IN GENERAL.—Subject to the avail- the Secretary shall negotiate with the Tribe Secretary to establish the terms and condi- ability of appropriations, the Secretary, act- appropriate changes to the final design of tions of the allocation, in accordance with ing through the Commissioner of Reclama- any activity under this subsection to ensure the Compact and this title. tion and in accordance with subsection (c), that the final design meets applicable indus- (2) INCLUSIONS.—The agreement under shall carry out the following actions relating try standards. paragraph (1) shall include provisions estab- to the Blackfeet Irrigation Project: (e) FUNDING.—The total amount of obliga- lishing that— (1) Deferred maintenance. (2) Dam safety improvements for Four tions incurred by the Secretary in carrying (A) the agreement shall be without limit as out this section shall not exceed $54,900,000, to term; Horns Dam. (3) Rehabilitation and enhancement of the of which— (B) the Tribe, and not the United States, (1) $40,900,000 shall be allocated to carry shall be entitled to all consideration due to Four Horns Feeder Canal, Dam, and Res- ervoir. out the activities described in subsection (c); the Tribe under any lease, contract, or and agreement entered into by the Tribe pursu- (b) LEAD AGENCY.—The Bureau of Reclama- tion shall serve as the lead agency with re- (2) $14,000,000 shall be allocated to carry ant to subsection (d); out the activities described in subsection (C) the United States shall have no obliga- spect to any activities carried out under this section. (d)(2). tion to monitor, administer, or account for— (f) NONREIMBURSABILITY OF COSTS.—All (c) SCOPE OF DEFERRED MAINTENANCE AC- (i) any funds received by the Tribe as con- costs incurred by the Secretary in carrying TIVITIES AND FOUR HORNS DAM SAFETY IM- sideration under any lease, contract, or out this section shall be nonreimbursable. PROVEMENTS.— agreement entered into by the Tribe pursu- (g) NON-FEDERAL CONTRIBUTION.—No part (1) IN GENERAL.—Subject to the conditions ant to subsection (d); or of the project under subsection (d) shall be described in paragraph (2), the scope of the (ii) the expenditure of those funds; commenced until the State has made avail- deferred maintenance activities and Four (D) if the capacity or function of Lake able $20,000,000 to carry out the activities de- Horns Dam safety improvements shall be as Elwell facilities are significantly reduced, or scribed in subsection (d)(2). generally described in— are anticipated to be significantly reduced, (h) ADMINISTRATION.—The Commissioner of (A) the document entitled ‘‘Engineering for an extended period of time, the Tribe Reclamation and the Tribe shall negotiate Evaluation and Condition Assessment, shall have the same rights as other storage the cost of any oversight activity carried out Blackfeet Irrigation Project’’, prepared by contractors with respect to the allocation by the Bureau of Reclamation under any DOWL HKM, and dated August 2007; and under this section; agreement entered into under subsection (B) the provisions relating to Four Horns (E) the costs associated with the construc- (m), subject to the condition that the total Rehabilitated Dam of the document entitled tion of the storage facilities at Tiber Dam al- cost for the oversight shall not exceed 4 per- ‘‘Four Horns Dam Enlarged Appraisal Eval- locable to the Tribe shall be nonreimburs- cent of the total project costs for each uation Design Report’’, prepared by DOWL able; project. HKM, and dated April 2007. (F) no water service capital charge shall be (i) PROJECT EFFICIENCIES.—If the total cost due or payable for any water allocated to the (2) CONDITIONS.—The conditions referred to of planning, design, and construction activi- Tribe pursuant to this section or the alloca- in paragraph (1) are that, before commencing ties relating to the projects described in this tion agreement, regardless of whether that construction activities, the Secretary shall— section results in cost savings and is less water is delivered for use by the Tribe or (A) review the design of the proposed reha- than the amounts authorized to be obligated, under a lease, contract, or by agreement en- bilitation or improvement; the Secretary, at the request of the Tribe, tered into by the Tribe pursuant to sub- (B) perform value engineering analyses; may— section (d); (C) perform appropriate Federal environ- (1) use those cost savings to carry out a (G) the Tribe shall not be required to make mental compliance activities; and project described in section 9007(d), 9011, 9012, payments to the United States for any water (D) ensure that the deferred maintenance or 9013; or allocated to the Tribe under this title or the activities and dam safety improvements may (2) deposit those cost savings to the Black- allocation agreement, except for each acre- be constructed using only the amounts made feet OM&R Trust Account. foot of stored water leased or transferred for available under section 9018. (j) OWNERSHIP BY TRIBE OF BIRCH CREEK industrial purposes as described in subpara- (d) SCOPE OF REHABILITATION AND ENHANCE- DELIVERY FACILITIES.—Notwithstanding any graph (H); MENT OF FOUR HORNS FEEDER CANAL, DAM, other provision of law, the Secretary shall (H) for each acre-foot of stored water AND RESERVOIR.— transfer to the Tribe, at no cost, title in and leased or transferred by the Tribe for indus- (1) IN GENERAL.—The scope of the rehabili- to the facilities constructed under sub- trial purposes— tation and improvements shall be as gen- section (d)(2)(C). (i) the Tribe shall pay annually to the erally described in the document entitled (k) OWNERSHIP, OPERATION, AND MAINTE- United States an amount necessary to cover ‘‘Four Horns Feeder Canal Rehabilitation NANCE.—On transfer to the Tribe of title the proportional share of the annual oper- with Export’’, prepared by DOWL HKM, and under subsection (j), the Tribe shall— ation, maintenance, and replacement costs dated April 2013, subject to the condition (1) be responsible for OM&R in accordance allocable to the quantity of water leased or that, before commencing construction ac- with the Birch Creek Agreement; and transferred by the Tribe for industrial pur- tivities, the Secretary shall— (2) enter into an agreement with the Bu- poses; and (A) review the design of the proposed reha- reau of Indian Affairs regarding the oper- (ii) the annual payments of the Tribe shall bilitation or improvement; ation of the facilities described in that sub- be reviewed and adjusted, as appropriate, to (B) perform value engineering analyses; section. reflect the actual operation, maintenance, (C) perform appropriate Federal environ- (l) LIABILITY OF UNITED STATES.—The and replacement costs for Tiber Dam; and mental compliance activities; and United States shall have no obligation or re- (I) the adjustment process identified in (D) ensure that the rehabilitation and im- sponsibility with respect the facilities de- subsection (a)(2) will be based on specific provements may be constructed using only scribed in subsection (d)(2)(C). enumerated provisions. the amounts made available under section (m) APPLICABILITY OF ISDEAA.—At the re- 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

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(2) impacts the availability of amounts (j) PROJECT EFFICIENCIES.—If the total cost the cost of any oversight activity carried out made available under subsection (a)(1)(B) of of planning, design, and construction activi- by the Bureau of Reclamation under any section 9018. ties relating to the projects described in this agreement entered into under this section, SEC. 9011. DESIGN AND CONSTRUCTION OF MR&I section results in cost savings and is less subject to the condition that the total cost SYSTEM. than the amounts authorized to be obligated, for the oversight shall not exceed 4 percent (a) IN GENERAL.—Subject to the avail- the Secretary, at the request of the Tribe, of the total costs incurred under this sec- ability of appropriations, the Secretary, act- may— tion. ing through the Commissioner of Reclama- (1) use those cost savings to carry out a (h) OM&R COSTS.—The Federal Govern- tion, shall plan, design, and construct the project described in section 9007(d), 9010, ment shall have no obligation to pay for the water diversion and delivery features of the 9011(a), 9012, or 9013; or operation, maintenance, or replacement MR&I System in accordance with 1 or more (2) deposit those cost savings to the Black- costs for the facilities rehabilitated or con- agreements between the Secretary and the feet OM&R Trust Account. structed under this section. Tribe. (k) APPLICABILITY OF ISDEAA.—At the re- (i) PROJECT EFFICIENCIES.—If the total cost (b) LEAD AGENCY.—The Bureau of Reclama- quest of the Tribe, and in accordance with of planning, design, and construction activi- tion shall serve as the lead agency with re- the Indian Self-Determination and Edu- ties relating to the projects described in this spect to any activity to design and construct cation Assistance Act (25 U.S.C. 5301 et seq.), section results in cost savings and is less the water diversion and delivery features of the Secretary shall enter into 1 or more than the amounts authorized to be obligated, the MR&I System. agreements with the Tribe to carry out this the Secretary, at the request of the Tribe, (c) SCOPE.— section. may— (1) IN GENERAL.—The scope of the design SEC. 9012. DESIGN AND CONSTRUCTION OF (1) use those cost savings to carry out a and construction under this section shall be WATER STORAGE AND IRRIGATION project described in section 9007(d), 9010, 9011, as generally described in the document enti- FACILITIES. or 9013; or tled ‘‘Blackfeet Regional Water System’’, (a) IN GENERAL.—Subject to the avail- (2) deposit those cost savings to the Black- ability of appropriations, the Secretary, act- prepared by DOWL HKM, dated June 2010, feet OM&R Trust Account. ing through the Commissioner of Reclama- and modified by DOWL HKM in the adden- (j) APPLICABILITY OF ISDEAA.—At the re- tion, shall plan, design, and construct 1 or dum to the report dated March 2013, subject quest of the Tribe, and in accordance with more facilities to store water and support ir- to the condition that, before commencing the Indian Self-Determination and Edu- rigation on the Reservation in accordance final design and construction activities, the cation Assistance Act (25 U.S.C. 5301 et seq.), with 1 or more agreements between the Sec- the Secretary shall enter into 1 or more Secretary shall— retary and the Tribe. agreements with the Tribe to carry out this (A) review the design of the proposed reha- (b) LEAD AGENCY.—The Bureau of Reclama- bilitation and construction; tion shall serve as the lead agency with re- section. (B) perform value engineering analyses; spect to any activity to design and construct SEC. 9013. BLACKFEET WATER, STORAGE, AND and the irrigation development and water stor- DEVELOPMENT PROJECTS. (C) perform appropriate Federal compli- age facilities described in subsection (c). (a) IN GENERAL.— ance activities. (c) SCOPE.— (1) SCOPE.—The scope of the construction (2) NEGOTIATION WITH TRIBE.—On the basis (1) IN GENERAL.—The scope of the design under this section shall be as generally de- of the review described in paragraph (1)(A), and construction under this section shall be scribed in the document entitled ‘‘Blackfeet the Secretary shall negotiate with the Tribe as generally described in the document enti- Water Storage, Development, and Project appropriate changes, if any, to the final de- tled ‘‘Blackfeet Water Storage, Develop- Report’’, prepared by DOWL HKM, and dated sign— ment, and Project Report’’, prepared by March 13, 2013, as modified and agreed to by (A) to ensure that the final design meets DOWL HKM, and dated March 13, 2013, as the Secretary and the Tribe. applicable industry standards; modified and agreed to by the Secretary and (2) MODIFICATION.—The Tribe may modify (B) to improve the cost-effectiveness of the the Tribe, subject to the condition that, be- the scope of the projects described in the delivery of MR&I System water; and fore commencing final design and construc- document referred to in paragraph (1) if— (C) to ensure that the MR&I System may tion activities, the Secretary shall— (A) the modified project is— be constructed using only the amounts made (A) review the design of the proposed con- (i) similar to the proposed project; and available under section 9018. struction; (ii) consistent with the purposes of this (d) NONREIMBURSABILITY OF COSTS.—All (B) perform value engineering analyses; title; and costs incurred by the Secretary in carrying and (B) the modification is approved by the out this section shall be nonreimbursable. (C) perform appropriate Federal compli- Secretary. (e) FUNDING.—The total amount of obliga- ance activities. (b) NONREIMBURSABILITY OF COSTS.—All costs incurred by the Secretary in carrying tions incurred by the Secretary in carrying (2) MODIFICATION.—The Secretary may out this section shall not exceed $76,200,000. modify the scope of construction for the out this section shall be nonreimbursable. (c) FUNDING.—The total amount of obliga- (f) NON-FEDERAL CONTRIBUTION.— projects described in the document referred tions incurred by the Secretary in carrying (1) CONSULTATION.—Before completion of to in paragraph (1), if— out this section shall not exceed $91,000,000. the final design of the MR&I System re- (A) the modified project is— (d) OM&R COSTS.—The Federal Govern- quired by subsection (c), the Secretary shall (i) similar in purpose to the proposed ment shall have no obligation to pay for the consult with the Tribe, the State, and other projects; and operation, maintenance, or replacement affected non-Federal parties to discuss the (ii) consistent with the purposes of this costs for the facilities rehabilitated or con- possibility of receiving non-Federal con- title; and tributions for the cost of the MR&I System. structed under this section. (B) the Secretary has consulted with the (e) OWNERSHIP BY TRIBE.—Title to any fa- (2) NEGOTIATIONS.—If, based on the extent Tribe regarding any modification. to which non-Federal parties are expected to cility constructed under this section shall be (3) NEGOTIATION WITH TRIBE.—On the basis held by the Tribe. use the MR&I System, a non-Federal con- of the review described in paragraph (1)(A), SEC. 9014. EASEMENTS AND RIGHTS-OF-WAY. tribution to the MR&I System is determined the Secretary shall negotiate with the Tribe (a) TRIBAL EASEMENTS AND RIGHTS-OF- by the parties described in paragraph (1) to appropriate changes, if any, to the final de- WAY.— be appropriate, the Secretary shall initiate sign— (1) IN GENERAL.—On request of the Sec- negotiations for an agreement regarding the (A) to ensure that the final design meets means by which the contributions shall be retary, the Tribe shall grant, at no cost to applicable industry standards; the United States, such easements and provided. (B) to improve the cost-effectiveness of (g) OWNERSHIP BY TRIBE.—Title to the rights-of-way over tribal land as are nec- any construction; and MR&I System and all facilities rehabilitated essary for the construction of the projects (C) to ensure that the projects may be con- or constructed under this section shall be authorized by sections 9010 and 9011. structed using only the amounts made avail- held by the Tribe. (2) JURISDICTION.—An easement or right-of- able under section 9018. (h) ADMINISTRATION.—The Commissioner of way granted by the Tribe pursuant to para- (d) NONREIMBURSABILITY OF COSTS.—All Reclamation and the Tribe shall negotiate costs incurred by the Secretary in carrying graph (1) shall not affect in any respect the the cost of any oversight activity carried out out this section shall be nonreimbursable. civil or criminal jurisdiction of the Tribe by the Bureau of Reclamation under any (e) FUNDING.—The total amount of obliga- over the easement or right-of-way. agreement entered into under this section, tions incurred by the Secretary in carrying (b) LANDOWNER EASEMENTS AND RIGHTS-OF- subject to the condition that the total cost out this section shall not exceed $87,300,000. WAY.—In partial consideration for the con- for the oversight shall not exceed 4 percent (f) OWNERSHIP BY TRIBE.—Title to all facili- struction activities authorized by section of the total costs incurred under this sec- ties rehabilitated or constructed under this 9011, and as a condition of receiving service tion. section shall be held by the Tribe, except from the MR&I System, a landowner shall (i) OM&R COSTS.—The Federal Govern- that title to the Birch Creek Unit of the grant, at no cost to the United States or the ment shall have no obligation to pay for the Blackfeet Indian Irrigation Project shall re- Tribe, such easements and rights-of-way over operation, maintenance, or replacement main with the Bureau of Indian Affairs. the land of the landowner as may be nec- costs for any facility rehabilitated or con- (g) ADMINISTRATION.—The Commissioner of essary for the construction of the MR&I Sys- structed under this section. Reclamation and the Tribe shall negotiate tem.

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(c) LAND ACQUIRED BY UNITED STATES OR any interest in land held by the allottee, to- any requirement for authorization of the ac- TRIBE.—Any land acquired within the bound- gether with any water right determined to tion by treaty or convention imposed by sec- aries of the Reservation by the United States be appurtenant to the interest in land, in ac- tion 2116 of the Revised Statutes (25 U.S.C. on behalf of the Tribe, or by the Tribe on be- cordance with the tribal water code. 177). half of the Tribe, in connection with achiev- (f) TRIBAL WATER CODE.— (3) PROHIBITION ON FORFEITURE.—The non- ing the purposes of this title shall be held in (1) IN GENERAL.—Notwithstanding article use of all or any portion of the Tribal water trust by the United States for the benefit of IV.C.1 of the Compact, not later than 4 years rights by a lessee or contractor shall not re- the Tribe. after the date on which the Tribe ratifies the sult in the forfeiture, abandonment, relin- SEC. 9015. TRIBAL WATER RIGHTS. Compact in accordance with this title, the quishment, or other loss of all or any portion (a) CONFIRMATION OF TRIBAL WATER Tribe shall enact a tribal water code that of the Tribal water rights. RIGHTS.— provides for— (h) EFFECT.—Except as otherwise expressly (1) IN GENERAL.—The Tribal water rights (A) the management, regulation, and gov- provided in this section, nothing in this are ratified, confirmed, and declared to be ernance of all uses of the Tribal water rights title— valid. in accordance with the Compact and this (1) authorizes any action by an allottee (2) USE.—Any use of the Tribal water title; and against any individual or entity, or against rights shall be subject to the terms and con- (B) establishment by the Tribe of condi- the Tribe, under Federal, State, tribal, or ditions of the Compact and this title. tions, permit requirements, and other re- local law; or (3) CONFLICT.—In the event of a conflict be- quirements for the allocation, distribution, (2) alters or affects the status of any action tween the Compact and this title, the provi- or use of the Tribal water rights in accord- brought pursuant to section 1491(a) of title sions of this title shall control. ance with the Compact and this title. 28, United States Code. (b) INTENT OF CONGRESS.—It is the intent of (2) INCLUSIONS.—Subject to the approval of SEC. 9016. BLACKFEET SETTLEMENT TRUST Congress to provide to each allottee benefits the Secretary, the tribal water code shall FUND. that are equivalent to, or exceed, the bene- provide— (a) ESTABLISHMENT.—There is established fits the allottees possess on the day before (A) that use of water by allottees shall be in the Treasury of the United States a trust the date of enactment of this title, taking satisfied with water from the Tribal water fund, to be known as the ‘‘Blackfeet Settle- into consideration— rights; ment Trust Fund’’ (referred to in this sec- (1) the potential risks, cost, and time delay (B) a process by which an allottee may re- tion as the ‘‘Trust Fund’’), to be managed, associated with litigation that would be re- quest that the Tribe provide water for irriga- invested, and distributed by the Secretary solved by the Compact and this title; tion use in accordance with this title, includ- and to remain available until expended, con- (2) the availability of funding under this ing the provision of water under any allottee sisting of the amounts deposited in the Trust title and from other sources; lease under section 4 of the Act of June 25, Fund under subsection (c), together with any (3) the availability of water from the Trib- 1910 (25 U.S.C. 403); interest earned on those amounts, for the al water rights; and (C) a due process system for the consider- purpose of carrying out this title. (4) the applicability of section 7 of the Act ation and determination by the Tribe of any (b) ACCOUNTS.—The Secretary shall estab- of February 8, 1887 (25 U.S.C. 381), and this request by an allottee (or a successor in in- lish in the Trust Fund the following ac- title to protect the interests of allottees. terest to an allottee) for an allocation of counts: (c) TRUST STATUS OF TRIBAL WATER water for irrigation purposes on allotted (1) The Administration and Energy Ac- RIGHTS.—The Tribal water rights— land, including a process for— count. (1) shall be held in trust by the United (i) appeal and adjudication of any denied or (2) The OM&R Account. States for the use and benefit of the Tribe disputed distribution of water; and (3) The St. Mary Account. and the allottees in accordance with this (ii) resolution of any contested administra- (4) The Blackfeet Water, Storage, and De- title; and tive decision; and velopment Projects Account. (2) shall not be subject to forfeiture or (D) a requirement that any allottee assert- (c) DEPOSITS.—The Secretary shall deposit abandonment. ing a claim relating to the enforcement of in the Trust Fund— (d) ALLOTTEES.— rights of the allottee under the tribal water (1) in the Administration and Energy Ac- (1) APPLICABILITY OF ACT OF FEBRUARY 8, code, or to the quantity of water allocated to count, the amount made available pursuant 1887.—The provisions of section 7 of the Act of land of the allottee, shall exhaust all rem- to section 9018(a)(1)(A); February 8, 1887 (25 U.S.C. 381), relating to edies available to the allottee under tribal (2) in the OM&R Account, the amount the use of water for irrigation purposes shall law before initiating an action against the made available pursuant to section apply to the Tribal water rights. United States or petitioning the Secretary 9018(a)(1)(B); (2) ENTITLEMENT TO WATER.—Any entitle- pursuant to subsection (d)(4)(B). (3) in the St. Mary Account, the amount ment to water of an allottee under Federal (3) ACTION BY SECRETARY.— made available pursuant to section law shall be satisfied from the Tribal water (A) IN GENERAL.—During the period begin- 9018(a)(1)(C); and rights. ning on the date of enactment of this title (4) in the Blackfeet Water, Storage, and (3) ALLOCATIONS.—An allottee shall be enti- and ending on the date on which a tribal Development Projects Account, the amount tled to a just and equitable allocation of water code described in paragraphs (1) and (2) made available pursuant to section water for irrigation purposes. is enacted, the Secretary shall administer, 9018(a)(1)(D). (4) CLAIMS.— with respect to the rights of allottees, the (d) MANAGEMENT.—The Secretary shall (A) EXHAUSTION OF REMEDIES.—Before as- Tribal water rights in accordance with this manage, invest, and distribute all amounts serting any claim against the United States title. in the Trust Fund in a manner that is con- under section 7 of the Act of February 8, 1887 (B) APPROVAL.—The tribal water code de- sistent with the investment authority of the (25 U.S.C. 381), or any other applicable law, scribed in paragraphs (1) and (2) shall not be Secretary under— an allottee shall exhaust remedies available valid unless— (1) the first section of the Act of June 24, under the tribal water code or other applica- (i) the provisions of the tribal water code 1938 (25 U.S.C. 162a); ble tribal law. required by paragraph (2) are approved by (2) the American Indian Trust Fund Man- (B) ACTION FOR RELIEF.—After the exhaus- the Secretary; and agement Reform Act of 1994 (25 U.S.C. 4001 et tion of all remedies available under the trib- (ii) each amendment to the tribal water seq.); and al water code or other applicable tribal law, code that affects a right of an allottee is ap- (3) this section. an allottee may seek relief under section 7 of proved by the Secretary. (e) AVAILABILITY OF AMOUNTS.— the Act of February 8, 1887 (25 U.S.C. 381), or (C) APPROVAL PERIOD.— (1) IN GENERAL.—Amounts appropriated to, other applicable law. (i) IN GENERAL.—The Secretary shall ap- and deposited in, the Trust Fund, including (5) AUTHORITY OF SECRETARY.—The Sec- prove or disapprove the tribal water code or any investment earnings, shall be made retary shall have the authority to protect an amendment to the tribal water code not available to the Tribe by the Secretary be- the rights of allottees in accordance with later than 180 days after the date on which ginning on the enforceability date. this section. the tribal water code or amendment is sub- (2) FUNDING FOR TRIBAL IMPLEMENTATION (e) AUTHORITY OF TRIBE.— mitted to the Secretary. ACTIVITIES.—Notwithstanding paragraph (1), (1) IN GENERAL.—The Tribe shall have the (ii) EXTENSION.—The deadline described in on approval pursuant to this title and the authority to allocate, distribute, and lease clause (i) may be extended by the Secretary Compact by a referendum vote of a majority the Tribal water rights for any use on the after consultation with the Tribe. of votes cast by members of the Tribe on the Reservation in accordance with the Com- (g) ADMINISTRATION.— day of the vote, as certified by the Secretary pact, this title, and applicable Federal law. (1) NO ALIENATION.—The Tribe shall not and the Tribe and subject to the availability (2) OFF-RESERVATION USE.—The Tribe may permanently alienate any portion of the of appropriations, of the amounts in the Ad- allocate, distribute, and lease the Tribal Tribal water rights. ministration and Energy Account, $4,800,000 water rights for off-Reservation use in ac- (2) PURCHASES OR GRANTS OF LAND FROM IN- shall be made available to the Tribe for the cordance with the Compact, subject to the DIANS.—An authorization provided by this implementation of this title. approval of the Secretary. title for the allocation, distribution, leasing, (f) WITHDRAWALS UNDER AIFRMRA.— (3) LAND LEASES BY ALLOTTEES.—Notwith- or other arrangement entered into pursuant (1) IN GENERAL.—The Tribe may withdraw standing paragraph (1), an allottee may lease to this title shall be considered to satisfy any portion of the funds in the Trust Fund

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.026 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5520 CONGRESSIONAL RECORD — SENATE September 12, 2016 on approval by the Secretary of a tribal paragraph (A) indefinitely if the principal (B) for deposit in the OM&R Account of the management plan submitted by the Tribe in funds in the account are reduced. Blackfeet Settlement Trust Fund estab- accordance with the American Indian Trust (4) The Blackfeet Water, Storage, and De- lished under section 9016(b)(2), $27,760,000; Fund Management Reform Act of 1994 (25 velopment Projects Account shall be used to (C) for deposit in the St. Mary Account of U.S.C. 4001 et seq.). carry out section 9013. the Blackfeet Settlement Trust Fund estab- (2) REQUIREMENTS.— (i) LIABILITY.—The Secretary and the Sec- lished under section 9016(b)(3), $27,800,000; (A) IN GENERAL.—In addition to the re- retary of the Treasury shall not be liable for and quirements under the American Indian Trust the expenditure or investment of any (D) for deposit in the Blackfeet Water, Fund Management Reform Act of 1994 (25 amounts withdrawn from the Trust Fund by Storage, and Development Projects Account U.S.C. 4001 et seq.), the tribal management the Tribe under subsection (f) or (g). of the Blackfeet Settlement Trust Fund es- plan under paragraph (1) shall require that (j) NO PER CAPITA DISTRIBUTIONS.—No por- tablished under section 9016(b)(4), $91,000,000; the Tribe shall spend all amounts withdrawn tion of the Trust Fund shall be distributed and from the Trust Fund in accordance with this on a per capita basis to any member of the (2) as adjusted annually to reflect changes title. Tribe. since April 2010 in the Bureau of Reclama- (B) ENFORCEMENT.—The Secretary may (k) DEPOSIT OF FUNDS.—On request by the tion Construction Cost Trends Index applica- carry out such judicial and administrative Tribe, the Secretary may deposit amounts ble to the types of construction involved— actions as the Secretary determines to be from an account described in paragraph (1), (A) for deposit in the MR&I System, Irriga- necessary to enforce the tribal management (2), or (4) of subsection (b) to any other ac- tion, and Water Storage Account of the plan to ensure that amounts withdrawn by count the Secretary determines to be appro- Blackfeet Water Settlement Implementation the Tribe from the Trust Fund under this priate. Fund established under section 9017(b)(1), subsection are used in accordance with this SEC. 9017. BLACKFEET WATER SETTLEMENT IM- $163,500,000; title. PLEMENTATION FUND. (B) for deposit in the Blackfeet Irrigation (g) WITHDRAWALS UNDER EXPENDITURE (a) ESTABLISHMENT.—There is established Project Deferred Maintenance, Four Horns PLAN.— in the Treasury of the United States a Dam Safety, and Rehabilitation and En- (1) IN GENERAL.—The Tribe may submit to nontrust, interest-bearing account, to be hancement of the Four Horns Feeder Canal, the Secretary a request to withdraw funds known as the ‘‘Blackfeet Water Settlement Dam, and Reservoir Improvements Account from the Trust Fund pursuant to an ap- Implementation Fund’’ (referred to in this of the Blackfeet Water Settlement Imple- proved expenditure plan. section as the ‘‘Implementation Fund’’), to mentation Fund established under section (2) REQUIREMENTS.—To be eligible to with- be managed and distributed by the Sec- 9017(b)(2), $54,900,000, of which— draw funds under an expenditure plan under retary, for use by the Secretary for carrying (i) $40,900,000 shall be made available for paragraph (1), the Tribe shall submit to the out this title. activities and projects under section 9010(c); Secretary for approval an expenditure plan (b) ACCOUNTS.—The Secretary shall estab- and for any portion of the Trust Fund that the lish in the Implementation Fund the fol- (ii) $14,000,000 shall be made available for Tribe elects to withdraw pursuant to this lowing accounts: activities and projects under section subsection, subject to the condition that the (1) The MR&I System, Irrigation, and 9010(d)(2); and funds shall be used for the purposes described Water Storage Account. (C) for deposit in the St. Mary/Milk Water in this title. (2) The Blackfeet Irrigation Project De- Management and Activities Account of the (3) INCLUSIONS.—An expenditure plan under ferred Maintenance and Four Horns Dam Blackfeet Water Settlement Implementation this subsection shall include a description of Safety Improvements Account. Fund established under section 9017(b)(3), the manner and purpose for which the (3) The St. Mary/Milk Water Management $28,100,000, of which— amounts proposed to be withdrawn from the and Activities Fund. (i) $27,600,000 shall be allocated in accord- Trust Fund will be used by the Tribe, in ac- (c) DEPOSITS.—The Secretary shall deposit ance with section 9007(g); and cordance with subsection (h). in the Implementation Fund— (ii) $500,000 shall be used to carry out sec- (4) APPROVAL.—On receipt of an expendi- (1) in the MR&I System, Irrigation, and tion 9005. ture plan under this subsection, the Sec- Water Storage Account, the amount made (b) ADJUSTMENTS.— retary shall approve the plan, if the Sec- available pursuant to section 9018(a)(2)(A); (1) IN GENERAL.—The adjustment of the retary determines that the plan— (2) in the Blackfeet Irrigation Project De- amounts authorized to be appropriated pur- (A) is reasonable; and ferred Maintenance and Four Horns Dam suant to subsection (a)(1) shall occur each (B) is consistent with, and will be used for, Safety Improvements Account, the amount time an amount is appropriated for an ac- the purposes of this title. made available pursuant to section count and shall add to, or subtract from, as (5) ENFORCEMENT.—The Secretary may 9018(a)(2)(B); and applicable, the total amount authorized. carry out such judicial and administrative (3) in the St. Mary/Milk Water Manage- (2) REPETITION.—The adjustment process actions as the Secretary determines to be ment and Activities Fund, the amount made under this subsection shall be repeated for necessary to enforce an expenditure plan to available pursuant to section 9018(a)(2)(C). each subsequent amount appropriated until ensure that amounts disbursed under this (d) USES.— the amount authorized, as adjusted, has been subsection are used in accordance with this (1) MR&I SYSTEM, IRRIGATION, AND WATER appropriated. title. STORAGE ACCOUNT.—The MR&I System, Irri- (3) TREATMENT.—The amount of an adjust- (h) USES.—Amounts from the Trust Fund gation, and Water Storage Account shall be ment may be considered— shall be used by the Tribe for the following used to carry out sections 9011 and 9012. (A) to be authorized as of the date on purposes: (2) BLACKFEET IRRIGATION PROJECT DE- which congressional action occurs; and (1) The Administration and Energy Ac- FERRED MAINTENANCE AND FOUR HORNS DAM (B) in determining the amount authorized count shall be used for administration of the SAFETY IMPROVEMENTS ACCOUNT.—The Black- to be appropriated. Tribal water rights and energy development feet Irrigation Project Deferred Maintenance SEC. 9019. WATER RIGHTS IN LEWIS AND CLARK projects under this title and the Compact. and Four Horns Dam Safety Improvements NATIONAL FOREST AND GLACIER (2) The OM&R Account shall be used to as- Account shall be used to carry out section NATIONAL PARK. sist the Tribe in paying OM&R costs. 9010. The instream flow water rights of the (3) The St. Mary Account shall be distrib- (3) ST. MARY/MILK WATER MANAGEMENT AND Tribe on land within the Lewis and Clark uted pursuant to an expenditure plan ap- ACTIVITIES ACCOUNT.—The St. Mary/Milk National Forest and Glacier National Park— proved under subsection (g), subject to the Water Management and Activities Account (1) are confirmed; and conditions that— shall be used to carry out sections 9005 and (2) shall be as described in the document (A) during the period for which the amount 9007. entitled ‘‘Stipulation to Address Claims by is available and held by the Secretary, (e) MANAGEMENT.—Amounts in the Imple- and for the Benefit of the Blackfeet Indian $500,000 shall be distributed to the Tribe an- mentation Fund shall not be available to the Tribe to Water Rights in the Lewis & Clark nually as compensation for the deferral of Secretary for expenditure until the enforce- National Forest and Glacier National Park’’, the St. Mary water right; and ability date. and as finally decreed by the Montana Water (B) any additional amounts deposited in SEC. 9018. AUTHORIZATION OF APPROPRIATIONS. Court, or, if the Montana Water Court is the account may be withdrawn and used by (a) IN GENERAL.—Subject to subsection (b), found to lack jurisdiction, by the United the Tribe to pay OM&R costs or other ex- there are authorized to be appropriated to States district court with jurisdiction. penses for 1 or more projects to benefit the the Secretary— SEC. 9020. WAIVERS AND RELEASES OF CLAIMS. Tribe, as approved by the Secretary, subject (1) as adjusted on appropriation to reflect (a) IN GENERAL.— to the requirement that the Secretary shall changes since April 2010 in the Consumer (1) WAIVER AND RELEASE OF CLAIMS BY not approve an expenditure plan under this Price Index for All Urban Consumers West TRIBE AND UNITED STATES AS TRUSTEE FOR paragraph unless the Tribe provides a resolu- Urban 50,000 to 1,500,000 index for the amount TRIBE.—Subject to the reservation of rights tion of the tribal council— appropriated— and retention of claims under subsection (d), (i) approving the withdrawal of the funds (A) for deposit in the Administration and as consideration for recognition of the Tribal from the account; and Energy Account of the Blackfeet Settlement water rights and other benefits as described (ii) acknowledging that the Secretary will Trust Fund established under section in the Compact and this title, the Tribe, act- not be able to distribute funds under sub- 9016(b)(1), $28,900,000; ing on behalf of the Tribe and members of

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.026 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5521 the Tribe (but not any member of the Tribe including the diversion of Swiftcurrent (B) the Safe Drinking Water Act (42 U.S.C. as an allottee), and the United States, acting Creek into Lower St. Mary Lake; 300f et seq.); as trustee for the Tribe and the members of (iii) relating to the construction, oper- (C) the Federal Water Pollution Control the Tribe (but not any member of the Tribe ation, and management of Lower Two Medi- Act (33 U.S.C. 1251 et seq.) (commonly re- as an allottee), shall execute a waiver and re- cine Dam and Reservoir and Four Horns Dam ferred to as the ‘‘Clean Water Act’’); and lease of all claims for water rights within and Reservoir, including any claim relating (D) any regulations implementing the Acts the State that the Tribe, or the United to the failure to provide dam safety improve- described in subparagraphs (A) through (C); States acting as trustee for the Tribe, as- ments for Four Horns Reservoir; or (2) affects the ability of the United States serted or could have asserted in any pro- (iv) relating to the allocation of waters of to act as trustee for any other Indian tribe ceeding, including a State stream adjudica- the Milk River and St. Mary River (including or allottee of any other Indian tribe; tion, on or before the enforceability date, ex- tributaries) between the United States and (3) confers jurisdiction on any State cept to the extent that such rights are recog- Canada pursuant to the International Bound- court— nized in the Compact and this title. ary Waters Treaty of 1909 (36 Stat. 2448). (A) to interpret Federal law regarding (2) WAIVER AND RELEASE OF CLAIMS BY (b) EFFECTIVENESS.—The waivers and re- health, safety, or the environment; UNITED STATES AS TRUSTEE FOR ALLOTTEES.— leases under subsection (a) shall take effect (B) to determine the duties of the United Subject to the reservation of rights and the on the enforceability date. States or any other party pursuant to a Fed- retention of claims under subsection (d), as (c) WITHDRAWAL OF OBJECTIONS.—The Tribe eral law regarding health, safety, or the en- consideration for recognition of the Tribal shall withdraw all objections to the water vironment; or water rights and other benefits as described rights claims filed by the United States for (C) to conduct judicial review of a Federal in the Compact and this title, the United the benefit of the Milk River Project, except agency action; States, acting as trustee for allottees, shall objections to those claims consolidated for (4) waives any claim of a member of the execute a waiver and release of all claims for adjudication within Basin 40J, within 14 days Tribe in an individual capacity that does not water rights within the Reservation that the of the certification under subsection (f)(5) derive from a right of the Tribe; United States, acting as trustee for the that the Tribal membership has approved the (5) revives any claim waived by the Tribe allottees, asserted or could have asserted in Compact and this title. in the case styled Blackfeet Tribe v. United any proceeding, including a State stream ad- (1) Prior to withdrawal of the objections, States, No. 02–127L (Fed. Cl. 2012); or judication, on or before the enforceability the Tribe may seek leave of the Montana (6) revives any claim released by an allot- date, except to the extent that such rights Water Court for a right to reinstate the ob- tee or a tribal member in the settlement for are recognized in the Compact and this title. jections in the event the conditions of en- the case styled Cobell v. Salazar, No. (3) WAIVER AND RELEASE OF CLAIMS BY forceability in paragraphs (1) through (8) of 1:96CV01285–JR (D.D.C. 2012). TRIBE AGAINST UNITED STATES.—Subject to subsection (f) are not satisfied by the date of (f) ENFORCEABILITY DATE.—The enforce- the reservation of rights and retention of expiration described in section 9023 of this ability date shall be the date on which the claims under subsection (d), the Tribe, act- title. Secretary publishes in the Federal Register a ing on behalf of the Tribe and members of (2) If the conditions of enforceability in statement of findings that— the Tribe (but not any member of the Tribe paragraphs (1) through (8) of subsection (f) (1)(A) the Montana Water Court has ap- as an allottee), shall execute a waiver and re- are satisfied, and any authority the Montana proved the Compact, and that decision has lease of all claims against the United States Water Court may have granted the Tribe to become final and nonappealable; or (including any agency or employee of the reinstate objections described in this section (B) if the Montana Water Court is found to United States)— has not yet expired, the Tribe shall notify lack jurisdiction, the appropriate United (A) relating to— the Montana Water Court and the United States district court has approved the Com- (i) water rights within the State that the States in writing that it will not exercise pact, and that decision has become final and United States, acting as trustee for the any such authority. nonappealable; Tribe, asserted or could have asserted in any (d) RESERVATION OF RIGHTS AND RETENTION (2) all amounts authorized under section proceeding, including a stream adjudication OF CLAIMS.—Notwithstanding the waivers 9018(a) have been appropriated; in the State, except to the extent that such and releases under subsection (a), the Tribe, (3) the agreements required by sections rights are recognized as Tribal water rights acting on behalf of the Tribe and members of 9006(c), 9007(f), and 9009(c) have been exe- under this title; the Tribe, and the United States, acting as cuted; (ii) damage, loss, or injury to water, water trustee for the Tribe and allottees, shall re- (4) the State has appropriated and paid rights, land, or natural resources due to loss tain— into an interest-bearing escrow account any of water or water rights (including damages, (1) all claims relating to— payments due as of the date of enactment of losses, or injuries to hunting, fishing, gath- (A) enforcement of, or claims accruing this title to the Tribe under the Compact, ering, or cultural rights due to loss of water after the enforceability date relating to the Birch Creek Agreement, and this title; or water rights, claims relating to inter- water rights recognized under, the Compact, (5) the members of the Tribe have voted to ference with, diversion, or taking of water, any final decree, or this title; approve this title and the Compact by a ma- or claims relating to failure to protect, ac- (B) activities affecting the quality of jority of votes cast on the day of the vote, as quire, replace, or develop water, water water, including any claim under— certified by the Secretary and the Tribe; rights, or water infrastructure) within the (i) the Comprehensive Environmental Re- (6) the Secretary has fulfilled the require- State that first accrued at any time on or sponse, Compensation, and Liability Act of ments of section 9009(a); before the enforceability date; 1980 (42 U.S.C. 9601 et seq.), including dam- (7) the agreement or terms and conditions (iii) a failure to establish or provide a mu- ages to natural resources; referred to in section 9005 are executed and nicipal rural or industrial water delivery (ii) the Safe Drinking Water Act (42 U.S.C. final; and system on the Reservation; 300f et seq.); (8) the waivers and releases described in (iv) a failure to provide for operation or (iii) the Federal Water Pollution Control subsection (a) have been executed by the maintenance, or deferred maintenance, for Act (33 U.S.C. 1251 et seq.) (commonly re- Tribe and the Secretary. the Blackfeet Irrigation Project or any other ferred to as the ‘‘Clean Water Act’’); and (g) TOLLING OF CLAIMS.— irrigation system or irrigation project on the (iv) any regulations implementing the Acts (1) IN GENERAL.—Each applicable period of Reservation; described in clauses (i) through (iii); or limitation and time-based equitable defense (v) the litigation of claims relating to the (C) damage, loss, or injury to land or nat- relating to a claim described in this section water rights of the Tribe in the State; and ural resources that are not due to loss of shall be tolled during the period beginning (vi) the negotiation, execution, or adoption water or water rights (including hunting, on the date of enactment of this title and of the Compact (including exhibits) or this fishing, gathering, or cultural rights); ending on the date on which the amounts title; (2) all rights to use and protect water made available to carry out this title are (B) reserved in subsections (b) through (d) rights acquired after the date of enactment transferred to the Secretary. of section 6 of the settlement for the case of this title; and (2) EFFECT OF SUBSECTION.—Nothing in this styled Blackfeet Tribe v. United States, No. (3) all rights, remedies, privileges, immuni- subsection revives any claim or tolls any pe- 02–127L (Fed. Cl. 2012); and ties, and powers not specifically waived and riod of limitation or time-based equitable de- (C) that first accrued at any time on or be- released pursuant to this title or the Com- fense that expired before the date of enact- fore the enforceability date— pact. ment of this title. (i) arising from the taking or acquisition of (e) EFFECT OF COMPACT AND ACT.—Nothing (h) EXPIRATION.—If all appropriations au- the land of the Tribe or resources for the 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, available to the Secretary by January 21, Unit of the Milk River Project; 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 this section shall— and maintenance of the St. Mary Unit of the to health, safety, or the environment), in- (1) expire; and Milk River Project, including Sherburne cluding— (2) have no further force or effect. Dam, St. Mary Diversion Dam, St. Mary (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)—

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.026 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5522 CONGRESSIONAL RECORD — SENATE September 12, 2016 (1) the approval of the United States of the cluding regulations) in effect on the day be- Reclamation Water Settlements Fund estab- Compact under section 9004 shall no longer fore the date of enactment of this title with lished under section 10501(a) of the Omnibus be effective; respect to preenforcement review of any Fed- Public Land Management Act of 2009 (43 (2) any unexpended Federal funds appro- eral environmental enforcement action. U.S.C. 407(a)). priated or made available to carry out the (f) EFFECT ON RECLAMATION LAWS.—The ac- SEC. 9025. OFFSETS. activities authorized by this title, together tivities carried out by the Commissioner of If insufficient funds are appropriated to with any interest earned on those funds, and Reclamation under this title shall not estab- carry out this title for a fiscal year, the Sec- any water rights or contracts to use water lish a precedent or impact the authority pro- retary may use to carry out this title such and title to other property acquired or con- vided under any other provision of the rec- amounts as are necessary from other structed with Federal funds appropriated or lamation laws, including— amounts made available to the Secretary for made available to carry out the activities (1) the Reclamation Rural Water Supply that fiscal year that are not otherwise obli- authorized under this title shall be returned Act of 2006 (43 U.S.C. 2401 et seq.); and gated. to the Federal Government, unless otherwise (2) the Omnibus Public Land Management agreed to by the Tribe and the United States Act of 2009 (Public Law 111–11; 123 Stat. 991). SA 5042. Mr. INHOFE (for himself and approved by Congress; and (g) IRRIGATION EFFICIENCY IN UPPER BIRCH and Mrs. BOXER) submitted an amend- (3) except for Federal funds used to acquire CREEK DRAINAGE.—Any activity carried out ment intended to be proposed to or develop property that is returned to the by the Tribe in the Upper Birch Creek Drain- amendment SA 4979 proposed by Mr. Federal Government under paragraph (2), the age (as defined in article II.50 of the Com- MCCONNELL (for Mr. INHOFE (for him- United States shall be entitled to offset any pact) using funds made available to carry Federal funds appropriated or made avail- out this title shall achieve an irrigation effi- self and Mrs. BOXER)) to the bill S. 2848, able to carry out the activities authorized ciency of not less than 50 percent. to provide for the conservation and de- under this title that were expended or with- (h) BIRCH CREEK AGREEMENT APPROVAL.— velopment of water and related re- drawn, together with any interest accrued, The Birch Creek Agreement is approved to sources, to authorize the Secretary of against any claims against the United States the extent that the Birch Creek Agreement the Army to construct various projects relating to water rights in the State asserted requires approval under section 2116 of the for improvements to rivers and harbors by the Tribe or any user of the Tribal water Revised Statutes (25 U.S.C. 177). of the United States, and for other pur- rights or in any future settlement of the (i) LIMITATION ON EFFECT.—Nothing in this poses; which was ordered to lie on the water rights of the Tribe or an allottee. title or the Compact— table; as follows: SEC. 9021. SATISFACTION OF CLAIMS. (1) makes an allocation or apportionment Strike titles I through VIII and insert the (a) TRIBAL CLAIMS.—The benefits realized of water between or among States; or following: by the Tribe under this title shall be in com- (2) addresses or implies whether, how, or to plete replacement of, complete substitution what extent the Tribal water rights, or any TITLE I—PROGRAM REFORMS for, and full satisfaction of all— portion of the Tribal water rights, should be SEC. 1001. STUDY OF WATER RESOURCES DEVEL- (1) claims of the Tribe against the United accounted for as part of, or otherwise OPMENT PROJECTS BY NON-FED- States waived and released pursuant to sec- charged against, an allocation or apportion- ERAL INTERESTS. tion 9020(a); and ment of water made to a State in an inter- Section 203 of the Water Resources Devel- (2) objections withdrawn pursuant to sec- state allocation or apportionment. opment Act of 1986 (33 U.S.C. 2231) is amend- tion 9020(c). SEC. 9023. EXPIRATION ON FAILURE TO MEET EN- ed by adding at the end the following: ‘‘(e) TECHNICAL ASSISTANCE.—On the re- (b) ALLOTTEE CLAIMS.—The benefits real- FORCEABILITY DATE. ized by the allottees under this title shall be If the Secretary fails to publish a state- quest of a non-Federal interest, the Sec- in complete replacement of, complete substi- ment of findings under section 9020(f) by not retary may provide technical assistance re- tution for, and full satisfaction of— later than January 21, 2025, or such alter- lating to any aspect of the feasibility study (1) all claims waived and released pursuant native later date as is agreed to by the Tribe if the non-Federal interest contracts with to section 9020(a)(2); and and the Secretary, after reasonable notice to the Secretary to pay all costs of providing (2) any claim of an allottee against the the State, as applicable— the technical assistance.’’. United States similar in nature to a claim (1) this title expires effective on the later SEC. 1002. ADVANCED FUNDS FOR WATER RE- described in section 9020(a)(2) that the allot- of— SOURCES DEVELOPMENT STUDIES (A) January 22, 2025; and AND PROJECTS. tee asserted or could have asserted. The Act of October 15, 1940 (33 U.S.C. 701h– (B) the day after such alternative later SEC. 9022. MISCELLANEOUS PROVISIONS. 1), is amended— date as is agreed to by the Tribe and the Sec- (a) WAIVER OF SOVEREIGN IMMUNITY.—Ex- (1) in the first sentence— retary; cept as provided in subsections (a) through (A) by striking ‘‘Whenever any’’ and in- (2) any action taken by the Secretary and (c) of section 208 of the Department of Jus- serting the following: any contract or agreement entered into pur- tice Appropriation Act, 1953 (43 U.S.C. 666), ‘‘(a) IN GENERAL.—Whenever any’’; suant to this title shall be void; nothing in this title waives the sovereign im- (B) by striking ‘‘a flood-control project (3) any amounts made available under sec- munity of the United States. duly adopted and authorized by law’’ and in- tion 9018, together with any interest on those (b) OTHER TRIBES NOT ADVERSELY AF- serting ‘‘an authorized water resources de- amounts, that remain unexpended shall im- FECTED.—Nothing in this title quantifies or velopment study or project,’’; and mediately revert to the general fund of the diminishes any land or water right, or any (C) by striking ‘‘such work’’ and inserting Treasury, except for any funds made avail- claim or entitlement to land or water, of an ‘‘such study or project’’; able under section 9016(e)(2) if the Montana Indian tribe, band, or community other than (2) in the second sentence— Water Court denies the Tribe’s request to re- the Tribe. (A) by striking ‘‘The Secretary of the instate the objections in section 9020(c); and (c) LIMITATION ON CLAIMS FOR REIMBURSE- Army’’ and inserting the following: MENT.—With respect to any Indian-owned (4) the United States shall be entitled to ‘‘(b) REPAYMENT.—The Secretary of the land located within the Reservation— offset against any claims asserted by the Army’’; and (1) the United States shall not submit Tribe against the United States relating to (B) by striking ‘‘from appropriations which against that land any claim for reimburse- water rights— may be provided by Congress for flood-con- ment of the cost to the United States of car- (A) any funds expended or withdrawn from trol work’’ and inserting ‘‘if specific appro- rying out this title or the Compact; and the amounts made available pursuant to this priations are provided by Congress for such (2) no assessment of that land shall be title; and purpose’’; and made regarding that cost. (B) any funds made available to carry out (3) by adding at the end the following: (d) LIMITATION ON LIABILITY OF UNITED the activities authorized by this title from ‘‘(c) DEFINITION OF STATE.—In this section, STATES.— other authorized sources, except for any the term ‘State’ means— (1) IN GENERAL.—The United States has no funds provided under section 9016(e)(2) if the ‘‘(1) a State; obligation— Montana Water court denies the Tribe’s re- ‘‘(2) the District of Columbia; (A) to monitor, administer, or account for, quest to reinstate the objections in section ‘‘(3) the Commonwealth of Puerto Rico; in any manner, any funds provided to the 9020(c). ‘‘(4) any other territory or possession of Tribe by the State; or SEC. 9024. ANTIDEFICIENCY. the United States; and (B) to review or approve any expenditure of The United States shall not be liable for ‘‘(5) a federally recognized Indian tribe or a those funds. any failure to carry out any obligation or ac- Native village, Regional Corporation, or Vil- (2) INDEMNITY.—The Tribe shall indemnify tivity authorized by this title (including any lage Corporation (as those terms are defined the United States, and hold the United obligation or activity under the Compact) in section 3 of the Alaska Native Claims Set- States harmless, with respect to all claims if— tlement Act (43 U.S.C. 1602)).’’. (including claims for takings or breach of (1) adequate appropriations are not pro- SEC. 1003. AUTHORITY TO ACCEPT AND USE MA- trust) arising from the receipt or expendi- vided expressly by Congress to carry out the TERIALS AND SERVICES. ture of amounts described in the subsection. purposes of this title; or Section 1024 of the Water Resources Re- (e) EFFECT ON CURRENT LAW.—Nothing in (2) there are not enough monies available form and Development Act of 2014 (33 U.S.C. this section affects any provision of law (in- to carry out the purposes of this title in the 2325a) is amended—

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.026 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5523 (1) by striking subsection (a) and inserting to subsection (b) to collect user fees for the same geographic area if the document, as de- the following: use of developed recreation sites and facili- termined by the Secretary, is current and ‘‘(a) IN GENERAL.—Subject to subsection ties, whether developed or constructed by applicable. (b), the Secretary is authorized to accept and that entity or the Department of the Army. ‘‘(3) CONTRIBUTED FUNDS.—The Secretary of use materials, services, or funds contributed ‘‘(B) USE OF VISITOR RESERVATION SERV- the Army may accept and expend funds re- by a non-Federal public entity, a nonprofit ICES.—A public or private entity described in ceived from non-Federal public or private en- entity, or a private entity to repair, restore, subparagraph (A) may use to manage fee col- tities to evaluate under this section an alter- replace, or maintain a water resources lections and reservations under this section ation or permanent occupation or use of a project in any case in which the District any visitor reservation service that the Sec- work built by the United States.’’. Commander determines that— retary has provided for by contract or inter- SEC. 1009. PROJECT COMPLETION. ‘‘(1) there is a risk of adverse impacts to agency agreement, subject to such terms and For any project authorized under section the functioning of the project for the author- conditions as the Secretary determines to be 219 of the Water Resources Development Act ized purposes of the project; and appropriate. of 1992 (Public Law 102–580; 106 Stat. 4835), ‘‘(2) acceptance of the materials and serv- ‘‘(2) USE OF FEES.—A non-Federal public or the authorization of appropriations is in- ices or funds is in the public interest.’’; and private entity that collects user fees under creased by the amount, including in incre- (2) in subsection (c), in the matter pre- paragraph (1) may— ments, necessary to allow completion of the ceding paragraph (1)— ‘‘(A) retain up to 100 percent of the fees project if— (A) by striking ‘‘Not later than 60 days collected, as determined by the Secretary; (1) as of the date of enactment of this Act, after initiating an activity under this sec- and the project has received more than $4,000,000 tion,’’ and inserting ‘‘Not later than Feb- ‘‘(B) notwithstanding section 210(b)(4) of in Federal appropriations and those appro- ruary 1 of each year after the first fiscal year the Flood Control Act of 1968 (16 U.S.C. 460d– priations equal an amount that is greater 3(b)(4)), use that amount for operation, main- in which materials, services, or funds are ac- than 80 percent of the authorized amount; tenance, and management at the recreation cepted under this section,’’; and (2) significant progress has been dem- site at which the fee is collected. (B) by striking ‘‘a report’’ and inserting onstrated toward completion of the project ‘‘(3) TERMS AND CONDITIONS.—The authority ‘‘an annual report’’. or segments of the project but the project is of a non-Federal public or private entity SEC. 1004. PARTNERSHIPS WITH NON-FEDERAL not complete as of the date of enactment of under this subsection shall be subject to ENTITIES TO PROTECT THE FED- this Act; and such terms and conditions as the Secretary ERAL INVESTMENT. (3) the benefits of the Federal investment determines necessary to protect the inter- (a) IN GENERAL.—Subject to subsection (c), will not be realized without an increase in ests of the United States.’’. the Secretary is authorized to partner with a the authorization of appropriations to allow non-Federal interest for the maintenance of SEC. 1008. STRUCTURES AND FACILITIES CON- STRUCTED BY THE SECRETARY. completion of the project. a water resources project to ensure that the SEC. 1010. CONTRIBUTED FUNDS. project will continue to function for the au- Section 14 of the Act of March 3, 1899 (33 U.S.C. 408) (commonly known as the ‘‘Rivers (a) CONTRIBUTED FUNDS.—Section 5 of the thorized purposes of the project. and Harbors Act of 1899’’), is amended— Act of June 22, 1936 (33 U.S.C. 701h) (com- (b) FORM OF PARTNERSHIP.—Under a part- (1) by striking ‘‘That it shall not be law- monly known as the ‘‘Flood Control Act of nership referred to in subsection (a), the Sec- ful’’ and inserting the following: 1936’’), is amended— retary is authorized to accept and use funds, ‘‘(a) PROHIBITIONS AND PERMISSIONS.—It (1) by striking ‘‘funds appropriated by the materials, and services contributed by the shall not be lawful’’; and United States for’’; and non-Federal interest. (2) by adding at the end the following: (2) in the first proviso, by inserting after (c) NO CREDIT OR REIMBURSEMENT.—Any ‘‘(b) CONCURRENT REVIEW.— ‘‘authorized purposes of the project:’’ the fol- entity that contributes materials, services, ‘‘(1) NEPA REVIEW.— lowing: ‘‘Provided further, That the Secretary or funds under this section shall not be eligi- ‘‘(A) IN GENERAL.—In any case in which an may receive and expend funds from a State ble for credit, reimbursement, or repayment activity subject to this section requires a re- or a political subdivision of a State and 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 include the amount of funds provided by a ‘‘(ii) adopt and use any environmental doc- Committees on Environment and Public non-Federal interest under this section as a ument prepared under the National Environ- Works and Appropriations of the Senate and cost of the study, design, or construction. mental Policy Act of 1969 (42 U.S.C. 4321 et the Committees on Transportation and In- SEC. 1006. MUNITIONS DISPOSAL. seq.) by the lead agency to the same extent frastructure and Appropriations of the House Section 1027 of the Water Resources Re- that a Federal agency could adopt or use a of Representatives a report that— form and Development Act of 2014 (33 U.S.C. document prepared by another Federal agen- ‘‘(1) describes the number of agreements 426e–2) is amended— cy under— executed in the previous fiscal year for the (1) in subsection (a), in the matter pre- ‘‘(I) the National Environmental Policy acceptance of contributed funds under sec- ceding paragraph (1), by inserting ‘‘, at full Act of 1969 (42 U.S.C. 4321 et seq.); and tion 5 of the Act of June 22, 1936 (33 U.S.C. Federal expense,’’ after ‘‘The Secretary ‘‘(II) parts 1500 through 1508 of title 40, 701h) (commonly known as the ‘Flood Con- may’’; and Code of Federal Regulations (or successor trol Act of 1936’); and (2) in subsection (b), by striking ‘‘funded’’ regulations). ‘‘(2) includes information on the projects and inserting ‘‘reimbursed’’. ‘‘(2) REVIEWS BY SECRETARY.—In any case and amounts of contributed funds referred to SEC. 1007. CHALLENGE COST-SHARING PROGRAM in which the Secretary of the Army is re- in paragraph (1).’’. FOR MANAGEMENT OF RECREATION quired to approve an action under this sec- SEC. 1011. APPLICATION OF CERTAIN BENEFITS FACILITIES. tion and under another authority, including AND COSTS INCLUDED IN FINAL Section 225 of the Water Resources Devel- sections 9 and 10 of this Act, section 404 of FEASIBILITY STUDIES. opment Act of 1992 (33 U.S.C. 2328) is amend- the Federal Water Pollution Control Act (33 (a) IN GENERAL.—For a navigation project ed— U.S.C. 1344), and section 103 of the Marine authorized after November 7, 2007, involving (1) by redesignating subsection (c) as sub- Protection, Research, and Sanctuaries Act of offshore oil and gas fabrication ports, the section (d); and 1972 (33 U.S.C. 1413), the Secretary shall— recommended plan by the Chief of Engineers (2) by inserting after subsection (b) the fol- ‘‘(A) coordinate the reviews and, to the shall be the plan that uses the value of fu- lowing: maximum extent practicable, carry out the ture energy exploration and production fab- ‘‘(c) USER FEES.— reviews concurrently; and rication contracts and the transportation ‘‘(1) COLLECTION OF FEES.— ‘‘(B) adopt and use any document prepared savings that would result from a larger navi- ‘‘(A) IN GENERAL.—The Secretary may by the Corps of Engineers for the purpose of gation channel in accordance with section allow a non-Federal public or private entity complying with the same law and that ad- 6009 of the Emergency Supplemental Appro- that has entered into an agreement pursuant dresses the same types of impacts in the priations Act for Defense, the Global War on

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Terror, and Tsunami Relief, 2005 (Public Law reviewed and approved, if applicable and ap- (k) EXCLUSION.—This section shall not 109–13; 119 Stat. 282). propriate, under— apply to reservoirs in— (b) SPECIAL RULE.—In addition to projects (1) the specific authorization for the water (1) the Upper Missouri River; described in subsection (a), this section shall resources project; (2) the Apalachicola-Chattahoochee-Flint apply to— (2) section 216 of the Flood Control Act of river system; (1) a project that has undergone an eco- 1970 (33 U.S.C. 549a); (3) the Alabama-Coosa-Tallapoosa river nomic benefits update; and (3) section 301 of the Water Supply Act of system; and (2) at the request of the non-Federal spon- 1958 (43 U.S.C. 390b); and (4) the Stones River. sor, any ongoing feasibility study for which (4) section 14 of the Act of March 3, 1899 (l) EFFECT OF SECTION.—Nothing in this the benefits under section 6009 of the Emer- (commonly known as the ‘‘Rivers and Har- section affects or modifies any authority of gency Supplemental Appropriations Act for bors Act of 1899’’) (33 U.S.C. 408). the Secretary to review or modify reservoirs. Defense, the Global War on Terror, and Tsu- (g) LIMITATIONS.—The Secretary shall not SEC. 1013. NEW ENGLAND DISTRICT HEAD- nami Relief, 2005 (Public Law 109–13; 119 approve a proposal submitted under sub- QUARTERS. Stat. 282) may apply. section (a) that— (a) IN GENERAL.—Subject to subsection (b), SEC. 1012. LEVERAGING FEDERAL INFRASTRUC- (1) is not supported by the Federal agency using amounts available in the revolving TURE FOR INCREASED WATER SUP- that owns the project if the owner is not the fund established by section 101 of the Civil PLY. Secretary; Functions Appropriations Act, 1954 (33 U.S.C. (a) IN GENERAL.—At the request of a non- (2) interferes with an authorized purpose of 576) and not otherwise obligated, the Sec- Federal interest, the Secretary may review the project; retary may— proposals to increase the quantity of avail- (3) adversely impacts contractual rights to (1) design, renovate, and construct addi- able supplies of water at Federal water re- water or storage at the reservoir; tions to 2 buildings located on Hanscom Air sources projects through— (4) adversely impacts legal rights to water Force Base in Bedford, Massachusetts for the (1) modification of a water resources under State law, as determined by an af- headquarters of the New England District of project; fected State; the Army Corps of Engineers; and (2) modification of how a project is man- (5) increases costs for any entity other (2) carry out such construction and infra- aged; or than the entity that submitted the proposal; structure improvements as are required to (3) accessing water released from a project. or support the headquarters of the New England (b) PROPOSALS INCLUDED.—A proposal (6) if a project is subject to section 301(e) of District of the Army Corps of Engineers, in- under subsection (a) may include— the Water Supply Act of 1958 (43 U.S.C. cluding any necessary demolition of the ex- (1) increasing the storage capacity of the 390b(e)), makes modifications to the project isting infrastructure. project; that do not meet the requirements of that (b) REQUIREMENT.—In carrying out sub- (2) diversion of water released or with- section unless the modification is submitted section (a), the Secretary shall ensure that drawn from the project— to and authorized by Congress. the revolving fund established by section 101 (A) to recharge groundwater; (h) COST SHARE.— of the Civil Functions Appropriations Act, (B) to aquifer storage and recovery; or (1) IN GENERAL.—Except as provided in 1954 (33 U.S.C. 576) is appropriately reim- (C) to any other storage facility; paragraph (2), 100 percent of the cost of de- bursed from funds appropriated for programs (3) construction of facilities for delivery of veloping, reviewing, and implementing a pro- that receive a benefit under this section. water from pumping stations constructed by posal submitted under subsection (a) shall be the Secretary; SEC. 1014. BUFFALO DISTRICT HEADQUARTERS. provided by an entity other than the Federal (4) construction of facilities to access (a) IN GENERAL.—Subject to subsection (b), Government. water; and using amounts available in the revolving (2) PLANNING ASSISTANCE TO STATES.—In (5) a combination of the activities de- fund established by section 101 of the Civil the case of a proposal from an entity author- scribed in paragraphs (1) through (4). Functions Appropriations Act, 1954 (33 U.S.C. ized to receive assistance under section 22 of (c) EXCLUSIONS.—This section shall not 576) and not otherwise obligated, the Sec- apply to a proposal that— the Water Resources Development Act of retary may— (1) reallocates existing water supply or hy- 1974 (42 U.S.C. 1962d-16), the Secretary may (1) design and construct a new building in dropower storage; or use funds available under that section to pay Buffalo, New York, for the headquarters of (2) reduces water available for any author- 50 percent of the cost of a review of a pro- the Buffalo District of the Army Corps of En- ized project purpose. posal submitted under subsection (a). gineers; and (d) OTHER FEDERAL PROJECTS.—In any case (3) OPERATION AND MAINTENANCE COSTS.— (2) carry out such construction and infra- in which a proposal relates to a Federal (A) IN GENERAL.—Except as provided in structure improvements as are required to project that is not owned by the Secretary, subparagraphs (B) and (C), the operation and support the headquarters and related instal- this section shall apply only to activities maintenance costs for the non-Federal spon- lations and facilities of the Buffalo District under the authority of the Secretary. sor of a proposal submitted under subsection of the Army Corps of Engineers, including (e) REVIEW PROCESS.— (a) shall be 100 percent of the separable oper- any necessary demolition or renovation of (1) NOTICE.—On receipt of a proposal sub- ation and maintenance costs associated with the existing infrastructure. mitted under subsection (a), the Secretary the costs of implementing the proposal. (b) REQUIREMENT.—In carrying out sub- shall provide a copy of the proposal to each (B) CERTAIN WATER SUPPLY STORAGE section (a), the Secretary shall ensure that entity described in paragraph (2) and if appli- PROJECTS.—For a proposal submitted under the revolving fund established by section 101 cable, the Federal agency that owns the subsection (a) for constructing additional of the Civil Functions Appropriations Act, project, in the case of a project owned by an water supply storage at a reservoir for use 1954 (33 U.S.C. 576) is appropriately reim- agency other than the Department of the under a water supply storage agreement, in bursed from funds appropriated for programs Army. addition to the costs under subparagraph that receive a benefit under this section. (2) PUBLIC PARTICIPATION.—In reviewing (A), the non-Federal costs shall include the SEC. 1015. COMPLETION OF ECOSYSTEM RES- proposals submitted under subsection (a), proportional share of any joint-use costs for TORATION PROJECTS. and prior to making any decisions regarding operation, maintenance, repair, replacement, Section 2039 of the Water Resources Devel- a proposal, the Secretary shall comply with or rehabilitation of the reservoir project de- opment Act of 2007 (33 U.S.C. 2330a) is amend- all applicable public participation require- termined in accordance with section 301 of ed by adding at the end the following: ments under law, including consultation the Water Supply Act of 1958 (43 U.S.C. 390b). ‘‘(d) INCLUSIONS.—A monitoring plan under with— (C) VOLUNTARY CONTRIBUTIONS.—An entity subsection (b) shall include a description of— (A) affected States; other than an entity described in subpara- ‘‘(1) the types and number of restoration (B) Power Marketing Administrations, in graph (A) may voluntarily contribute to the activities to be conducted; the case of reservoirs with Federal hydro- costs of implementing a proposal submitted ‘‘(2) the physical action to be undertaken power projects; under subsection (a). to achieve the restoration objectives of the (C) entities responsible for operation and (i) CONTRIBUTED FUNDS.—The Secretary project; maintenance costs; may receive and expend funds contributed by ‘‘(3) the functions and values that will re- (D) any entity that has a contractual right a non-Federal interest for the review and ap- sult from the restoration plan; and from the Federal Government or a State to proval of a proposal submitted under sub- ‘‘(4) a contingency plan for taking correc- withdraw water from, or use storage at, the section (a). tive actions in cases in which monitoring project; (j) ASSISTANCE.—On request by a non-Fed- demonstrates that restoration measures are (E) entities that the State determines hold eral interest, the Secretary may provide not achieving ecological success in accord- rights under State law to the use of water technical assistance in the development or ance with criteria described in the moni- from the project; and implementation of a proposal under sub- toring plan. (F) units of local government with flood section (a), including assistance in obtaining ‘‘(e) CONCLUSION OF OPERATION AND MAIN- risk reduction responsibilities downstream necessary permits for construction, if the TENANCE RESPONSIBILITY.—The responsibility of the project. non-Federal interest contracts with the Sec- of the non-Federal sponsor for operation, (f) AUTHORITIES.—A proposal submitted to retary to pay all costs of providing the tech- maintenance, repair, replacement, and reha- the Secretary under subsection (a) may be nical assistance. bilitation of the ecosystem restoration

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.027 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5525 project shall cease 10 years after the date on SEC. 1019. NON-FEDERAL INTERESTS. SEC. 1022. INTERNATIONAL OUTREACH PRO- which the Secretary makes a determination Section 221(b)(1) of the Flood Control Act GRAM. of success under subsection (b)(2).’’. of 1970 (42 U.S.C. 1962d–5b(b)(1)) is amended Section 401 of the Water Resources Devel- opment Act of 1992 (33 U.S.C. 2329) is amend- SEC. 1016. CREDIT FOR DONATED GOODS. by inserting ‘‘or a Native village, Regional Corporation, or Village Corporation (as those ed by striking subsection (a) and inserting Section 221(a)(4)(D)(iv) of the Flood Con- terms are defined in section 3 of the Alaska the following: trol Act of 1970 (42 U.S.C. 1962d- Native Claims Settlement Act (43 U.S.C. ‘‘(a) AUTHORIZATION.— 5b(a)(4)(D)(iv)) is amended— 1602))’’ after ‘‘Indian tribe’’. ‘‘(1) IN GENERAL.—The Secretary may en- (1) by inserting ‘‘regardless of the cost in- SEC. 1020. DISCRETE SEGMENT. gage in activities to inform the United curred by the non-Federal interest,’’ before Section 204 of the Water Resources Devel- States of technological innovations abroad ‘‘shall not’’; and opment Act of 1986 (33 U.S.C. 2232) is amend- that could significantly improve water re- (2) by striking ‘‘costs’’ and inserting ed— sources development in the United States. ‘‘value’’. (1) by striking ‘‘project or separable ele- ‘‘(2) INCLUSIONS.—Activities under para- SEC. 1017. STRUCTURAL HEALTH MONITORING. ment’’ each place it appears and inserting graph (1) may include— (a) IN GENERAL.—The Secretary shall de- ‘‘project, separable element, or discrete seg- ‘‘(A) development, monitoring, assessment, sign and develop a structural health moni- ment’’; and dissemination of information about for- toring program to assess and improve the (2) by striking ‘‘project, or separable ele- eign water resources projects that could sig- condition of infrastructure constructed and ment thereof,’’ each place it appears and in- nificantly improve water resources develop- maintained by the Corps of Engineers, in- serting ‘‘project, separable element, or dis- ment in the United States; cluding research, design, and development of crete segment of a project’’; ‘‘(B) research, development, training, and systems and frameworks for— (3) in subsection (a)— other forms of technology transfer and ex- (1) response to flood and earthquake (A) by redesignating paragraphs (1) change; and events; through (3) as subparagraphs (A) through (C), ‘‘(C) offering technical services that can- (2) pre-disaster mitigation measures; respectively, and indenting appropriately; not be readily obtained in the private sector (3) lengthening the useful life of the infra- and to be incorporated into water resources structure; and (B) by striking the subsection designation projects if the costs for assistance will be re- (4) identifying risks due to sea level rise. and all that follows through ‘‘In this section, covered under the terms of each project.’’. (b) CONSULTATION AND CONSIDERATION.—In the’’ and inserting the following: SEC. 1023. WETLANDS MITIGATION. developing the program under subsection (a), ‘‘(a) DEFINITIONS.—In this section: Section 2036(c) of the Water Resources De- the Secretary shall— ‘‘(1) DISCRETE SEGMENT.—The term ‘dis- velopment Act of 2007 (33 U.S.C. 2317b) is (1) consult with academic and other ex- crete segment’, with respect to a project, amended by adding at the end the following: perts; and means a physical portion of the project, as ‘‘(4) MITIGATION BANKS.— (2) consider models for maintenance and described in design documents, that is envi- ‘‘(A) IN GENERAL.—Not later than 180 days repair information, the development of deg- ronmentally acceptable, is complete, will after the date of enactment of this para- radation models for real-time measurements not create a hazard, and functions independ- graph, the Secretary shall issue implementa- ently so that the non-Federal sponsor can and environmental inputs, and research on tion guidance that provides for the consider- operate and maintain the discrete segment qualitative inspection data as surrogate sen- ation in water resources development feasi- in advance of completion of the total project sors. bility studies of the entire amount of poten- or separable element of the project. tial in-kind credits available at mitigation SEC. 1018. FISH AND WILDLIFE MITIGATION. ‘‘(2) WATER RESOURCES DEVELOPMENT banks and in-lieu fee programs with an ap- Section 906 of the Water Resources Devel- PROJECT.—The’’; proved service area that includes the pro- opment Act of 1986 (33 U.S.C. 2283) is amend- (4) in subsection (b)(1), in the matter pre- jected impacts of the water resource develop- ed— ceding subparagraph (A), by striking ment project. (1) in subsection (h)— ‘‘project, or separate element thereof’’ and ‘‘(B) REQUIREMENTS.—All potential mitiga- (A) in paragraph (4)— inserting ‘‘project, separable element, or dis- tion bank and in-lieu fee credits that meet (i) by redesignating subparagraphs (D) and crete segment of a project’’; and the criteria under subparagraph (A) shall be (E) as subparagraphs (E) and (F), respec- (5) in subsection (d)— considered a reasonable alternative for plan- tively; and (A) in paragraph (3)(B), in the matter pre- ning purposes if the applicable mitigation (ii) by inserting after subparagraph (C) the ceding clause (i), by striking ‘‘project’’ and bank— following: inserting ‘‘project, separable element, or dis- ‘‘(i) has an approved mitigation banking ‘‘(D) include measures to protect or restore crete segment’’; instrument; and habitat connectivity’’; (B) in paragraph (4), in the matter pre- ‘‘(ii) has completed a functional analysis of (B) in paragraph (6)(C), by striking ‘‘im- ceding subparagraph (A), by striking the potential credits using the approved pacts’’ and inserting ‘‘impacts, including im- ‘‘project, or a separable element of a water Corps of Engineers certified habitat assess- pacts to habitat connectivity’’; and resources development project,’’ and insert- ment model specific to the region. (C) by striking paragraph (11) and inserting ing ‘‘project, separable element, or discrete ‘‘(C) EFFECT.—Nothing in this paragraph the following: segment of a project’’; and modifies or alters any requirement for a ‘‘(11) EFFECT.—Nothing in this subsection— (C) by adding at the end the following: water resources project to comply with ap- ‘‘(A) requires the Secretary to undertake ‘‘(5) REPAYMENT OF REIMBURSEMENT.—If the plicable laws or regulations, including sec- additional mitigation for existing projects non-Federal interest receives reimbursement tion 906 of the Water Resources Development for which mitigation has already been initi- for a discrete segment of a project and fails Act of 1986 (33 U.S.C. 2283).’’. ated, including the addition of fish passage to complete the entire project or separable SEC. 1024. USE OF YOUTH SERVICE AND CON- to an existing water resources development element of the project, the non-Federal in- SERVATION CORPS. project; or terest shall repay to the Secretary the Section 213 of the Water Resources Devel- ‘‘(B) affects the mitigation responsibilities amount of the reimbursement, plus inter- opment Act of 2000 (33 U.S.C. 2339) is amend- of the Secretary under any other provision of est.’’. ed by adding at the end the following: law.’’; and SEC. 1021. FUNDING TO PROCESS PERMITS. ‘‘(d) YOUTH SERVICE AND CONSERVATION (2) by adding at the end the following: Section 214(a) of the Water Resources De- CORPS.—The Secretary shall encourage each ‘‘(j) USE OF FUNDS.—The Secretary may velopment Act of 2000 (33 U.S.C. 2352(a)) is district of the Corps of Engineers to enter use funds made available for preconstruction amended— into cooperative agreements authorized engineering and design prior to authoriza- (1) in paragraph (1), by adding at the end under this section with qualified youth serv- tion of project construction to satisfy miti- the following: ice and conservation corps to perform appro- gation requirements through third-party ar- ‘‘(C) RAIL CARRIER.—The term ‘rail carrier’ priate projects.’’. rangements or to acquire interests in land has the meaning given the term in section SEC. 1025. DEBRIS REMOVAL. necessary for meeting mitigation require- 10102 of title 49, United States Code.’’; Section 3 of the Act entitled ‘‘An Act au- ments under this section. (2) in paragraph (2), by striking ‘‘or natural thorizing the construction, repair, and pres- ‘‘(k) MEASURES.—The Secretary shall con- gas company’’ and inserting ‘‘, natural gas ervation of certain public works on rivers sult with interested members of the public, company, or rail carrier’’; and harbors, and for other purposes’’, ap- the Director of the United States Fish and (3) in paragraph (3), by striking ‘‘or natural proved March 2, 1945 (33 U.S.C. 603a), is Wildlife Service, the Assistant Adminis- gas company’’ and inserting ‘‘, natural gas amended— trator for Fisheries of the National Oceanic company, or rail carrier’’; and (1) by striking ‘‘$1,000,000’’ and inserting and Atmospheric Administration, States, in- (4) in paragraph (5), by striking ‘‘and nat- ‘‘$5,000,000’’; cluding State fish and game departments, ural gas companies’’ and inserting ‘‘, natural (2) by striking ‘‘accumulated snags and and interested local governments to identify gas companies, and rail carriers, including other debris’’ and inserting ‘‘accumulated standard measures under subsection (h)(6)(C) an evaluation of the compliance with all re- snags, obstructions, and other debris located that reflect the best available scientific in- quirements of this section and, with respect in or adjacent to a Federal channel’’; and formation for evaluating habitat to a permit for those entities, the require- (3) by striking ‘‘or flood control’’ and in- connectivity.’’. ments of all applicable Federal laws’’. serting ‘‘, flood control, or recreation’’.

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.027 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5526 CONGRESSIONAL RECORD — SENATE September 12, 2016 SEC. 1026. AQUACULTURE STUDY. through (iii), respectively, and indenting ap- SEC. 1032. TRANSFER OF EXCESS CREDIT. (a) IN GENERAL.—The Comptroller General propriately; Section 1020 of the Water Resources Re- shall carry out an assessment of the shellfish (B) by redesignating paragraphs (1) and (2) form and Development Act of 2014 (33 U.S.C. aquaculture industry, including— as subparagraphs (A) and (B), respectively, 2223) is amended— (1) an examination of Federal and State and indenting appropriately; (1) in subsection (a)— laws (including regulations) in each relevant (C) in the matter preceding subparagraph (A) by striking the subsection designation district of the Corps of Engineers; (A) (as so redesignated), by striking ‘‘For’’ and heading and all that follows through (2) the number of shellfish aquaculture and inserting the following: ‘‘Subject to subsection (b)’’ and inserting the leases, verifications, or permits in place in ‘‘(1) IN GENERAL.—For’’; and following: each relevant district of the Corps of Engi- (D) by adding at the end the following: ‘‘(a) APPLICATION OF CREDIT.— neers; ‘‘(2) EXPEDITED CONSIDERATION OF CUR- ‘‘(1) IN GENERAL.—Subject to subsection (3) the period of time required to secure a RENTLY AUTHORIZED PROGRAMMATIC AUTHORI- (b)’’; and shellfish aquaculture lease, verification, or TIES.—Not later than 180 days after the date (B) by adding at the end the following: permit from each relevant jurisdiction; and of enactment of the Water Resources Devel- ‘‘(2) REASONABLE INTERVALS.—On request (4) the experience of the private sector in opment Act of 2016, the Secretary shall sub- from a non-Federal interest, the credit de- applying for shellfish aquaculture permits mit to the Committee on Environment and scribed in subsection (a) may be applied at from different jurisdictions of the Corps of Public Works of the Senate and the Com- reasonable intervals as those intervals occur Engineers and different States. mittee on Transportation and Infrastructure and are identified as being in excess of the (b) STUDY AREA.—The study area shall of the House of Representatives a report that required non-Federal cost share prior to comprise, to the maximum extent prac- contains— completion of the study or project if the ticable, the following applicable locations: ‘‘(A) a list of all programmatic authorities credit amount is verified by the Secretary.’’; (1) The Chesapeake Bay. for aquatic ecosystem restoration or im- (2) by striking subsection (d); and (2) The Gulf Coast States. provement of the environment that— (3) by redesignating subsection (e) as sub- (3) The State of California. ‘‘(i) were authorized or modified in the section (d). (4) The State of Washington. Water Resources Development Act of 2007 SEC. 1033. SURPLUS WATER STORAGE. (c) FINDINGS.—Not later than 225 days after (Public Law 110–114; 121 Stat. 1041) or any Section 1046(c) of the Water Resources Re- the date of enactment of this Act, the Comp- subsequent Act; and form and Development Act of 2014 (Public troller General shall submit to the Commit- ‘‘(ii) that meet the criteria described in Law 113–121; 128 Stat. 1254) is amended by tees on Environment and Public Works and paragraph (1); and adding at the end the following: on Energy and Natural Resources of the Sen- ‘‘(B) a plan for expeditiously completing ‘‘(5) TIME LIMIT.— ate and the Committees on Transportation the projects under the authorities described ‘‘(A) IN GENERAL.—If the Secretary has doc- and Infrastructure and on Natural Resources in subparagraph (A), subject to available umented the volume of surplus water avail- of the House of Representatives a report con- funding.’’. able, not later than 60 days after the date on taining the findings of the assessment con- SEC. 1030. KENNEWICK MAN. which the Secretary receives a request for a ducted under subsection (a). contract and easement, the Secretary shall (a) DEFINITIONS.—In this section: SEC. 1027. LEVEE VEGETATION. issue a decision on the request. (1) CLAIMANT TRIBES.—The term ‘‘claimant (a) IN GENERAL.—Section 3013(g)(1) of the tribes’’ means the Indian tribes and band re- ‘‘(B) OUTSTANDING INFORMATION.—If the Water Resources Reform and Development ferred to in the letter from Secretary of the Secretary has not documented the volume of Act of 2014 (33 U.S.C. 701n note; Public Law Interior Bruce Babbitt to Secretary of the surplus water available, not later than 30 113–121) is amended— Army Louis Caldera, relating to the human days after the date on which the Secretary (1) by inserting ‘‘remove existing vegeta- remains and dated September 21, 2000. receives a request for a contract and ease- tion or’’ after ‘‘the Secretary shall not’’; and ment, the Secretary shall provide to the re- (2) DEPARTMENT.—The term ‘‘Department’’ (2) by striking ‘‘as a condition or require- means the Washington State Department of quester— ment for any approval or funding of a Archaeology and Historic Preservation. ‘‘(i) an identification of any outstanding project, or any other action’’. information that is needed to make a final (3) HUMAN REMAINS.—The term ‘‘human re- (b) REPORT.—Not later than 30 days after mains’’ means the human remains that— decision; the enactment of this Act, the Secretary (A) are known as Kennewick Man or the ‘‘(ii) the date by which the information re- shall submit to the Committee on Environ- Ancient One, which includes the projectile ferred to in clause (i) shall be obtained; and ment and Public Works of the Senate and point lodged in the right ilium bone, as well ‘‘(iii) the date by which the Secretary will the Committee on Transportation and Infra- as any residue from previous sampling and make a final decision on the request.’’. structure of the House of Representatives a studies; and SEC. 1034. HURRICANE AND STORM DAMAGE RE- report that— (B) are part of archaeological collection DUCTION. (1) describes the reasons for the failure of number 45BN495. Section 3(c)(2)(B) of the Act of August 13, the Secretary to meet the deadlines in sub- 1946 (33 U.S.C. 426g(c)(2)(B)) is amended by (b) TRANSFER.—Notwithstanding any other section (f) of section 3013 of the Water Re- striking ‘‘$5,000,000’’ and inserting provision of Federal law, including the Na- sources Reform and Development Act of 2014 ‘‘$10,000,000’’. (33 U.S.C. 701n note; Public Law 113–121); and tive American Graves Protection and Repa- triation Act (25 U.S.C. 3001 et seq.), or law of SEC. 1035. FISH HATCHERIES. (2) provides a plan for completion of the ac- (a) IN GENERAL.—Notwithstanding any tivities required in that subsection (f). the State of Washington, not later than 90 days after the date of enactment of this Act, other provision of law, the Secretary may SEC. 1028. PLANNING ASSISTANCE TO STATES. the Secretary, acting through the Chief of operate a fish hatchery for the purpose of re- Section 22(a)(1) of the Water Resources De- Engineers, shall transfer the human remains storing a population of fish species located in velopment Act of 1974 (42 U.S.C. 1962d- to the Department, on the condition that the the region surrounding the fish hatchery 16(a)(1)) is amended— Department, acting through the State His- that is listed as a threatened species or an (1) by inserting ‘‘, a group of States, or a toric Preservation Officer, disposes of the re- endangered species under the Endangered regional or national consortia of States’’ mains and repatriates the remains to claim- Species Act of 1973 (16 U.S.C. 1531 et seq.) or after ‘‘working with a State’’; and ant tribes. a similar State law. (2) by striking ‘‘located within the bound- (b) COSTS.—A non-Federal entity, another (c) COST.—The Corps of Engineers shall be aries of such State’’. Federal agency, or a group of non-Federal responsible for any costs associated with the SEC. 1029. PRIORITIZATION. entities or other Federal agencies shall be transfer. Section 1011 of the Water Resources Re- responsible for 100 percent of the additional (d) LIMITATIONS.— form and Development Act of 2014 (33 U.S.C. costs associated with managing a fish hatch- (1) IN GENERAL.—The transfer shall be lim- 2341a) is amended— ery for the purpose described in subsection ited solely to the human remains portion of (1) in subsection (a)— (a) that are not authorized as of the date of the archaeological collection. (A) in paragraph (1)(C), by inserting ‘‘re- enactment of this Act for the fish hatchery. (2) SECRETARY.—The Secretary shall have store or’’ before ‘‘prevent the loss’’; and no further responsibility for the human re- SEC. 1036. FEASIBILITY STUDIES AND WATER- (B) in paragraph (2)— SHED ASSESSMENTS. mains transferred pursuant to subsection (b) (i) in the matter preceding subparagraph (a) VERTICAL INTEGRATION AND ACCELERA- after the date of the transfer. (A), by striking ‘‘the date of enactment of TION OF STUDIES.—Section 1001(d) of the this Act’’ and inserting ‘‘the date of enact- SEC. 1031. DISPOSITION STUDIES. Water Resources Reform and Development ment of the Water Resources Development In carrying out any disposition study for a Act of 2014 (33 U.S.C. 2282c(d)) is amended by Act of 2016’’; and project of the Corps of Engineers (including striking paragraph (3) and inserting the fol- (ii) in subparagraph (A)(ii), by striking a study under section 216 of the Flood Con- lowing: ‘‘that—’’ and all that follows through ‘‘(II)’’ trol Act of 1970 (33 U.S.C. 549a)), the Sec- ‘‘(3) REPORT.—Not later than February 1 of and inserting ‘‘that’’; and retary shall consider the extent to which the each year, the Secretary shall submit to the (2) in subsection (b)— property has economic or recreational sig- Committee on Environment and Public (A) in paragraph (1), by redesignating sub- nificance or impacts at the national, State, Works of the Senate and the Committee on paragraphs (A) through (C) as clauses (i) or local level. Transportation and Infrastructure of the

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House of Representatives a report that iden- ‘‘(A) IN GENERAL.—On the request of an In- (4) by striking subsection (e). tifies any feasibility study for which the Sec- dian tribe, the Secretary shall conduct a SEC. 1041. COST SHARING FOR TERRITORIES AND retary in the preceding fiscal year approved study, and provide to the Indian tribe a re- INDIAN TRIBES. an increase in cost or extension in time as port describing the feasibility of a water re- Section 1156 of the Water Resources Devel- provided under this section, including an sources development project or project for opment Act of 1986 (33 U.S.C. 2310) is amend- identification of the specific 1 or more fac- the preservation of cultural and natural re- ed— tors used in making the determination that sources described in paragraph (1). (1) in the section heading, by striking the project is complex.’’. ‘‘(B) RECOMMENDATION.—A report under ‘‘TERRITORIES’’ and inserting ‘‘TERRITORIES (b) COST SHARING.—Section 105(a)(1)(A) of subparagraph (A) may, but shall not be re- AND INDIAN TRIBES’’; and the Water Resources Development Act of quired to, contain a recommendation on a (2) by striking subsection (a) and inserting 1986 (33 U.S.C. 2215(a)(1)(A)) is amended— specific water resources development the following: (1) by striking the subparagraph designa- project. ‘‘(a) IN GENERAL.—The Secretary shall tion and heading and all that follows ‘‘(C) FUNDING.—The first $100,000 of a study waive local cost-sharing requirements up to through ‘‘The Secretary’’ and inserting the under this paragraph shall be at full Federal $200,000 for all studies, projects, and assist- following: expense. ance under section 22(a) of the Water Re- ‘‘(A) REQUIREMENT.— ‘‘(4) DESIGN AND CONSTRUCTION.— sources Development Act of 1974 (42 U.S.C. ‘‘(i) IN GENERAL.—Except as provided in ‘‘(A) IN GENERAL.—The Secretary may 1962d-16(a))— clause (ii), the Secretary’’; and carry out the design and construction of a ‘‘(1) in American Samoa, Guam, the North- (2) by adding at the end the following: water resources development project or ern Mariana Islands, the Virgin Islands, ‘‘(ii) EXCEPTION.—For the purpose of meet- project for the preservation of cultural and Puerto Rico, and the Trust Territory of the ing or otherwise communicating with pro- natural resources described in paragraph (1) Pacific Islands; and spective non-Federal sponsors to identify the that the Secretary determines is feasible if ‘‘(2) for any Indian tribe (as defined in sec- scope of a potential water resources project the Federal share of the cost of the project is tion 102 of the Federally Recognized Indian feasibility study, identifying the Federal in- not more than $10,000,000. Tribe List Act of 1994 (25 U.S.C. 5130)).’’. terest, developing the cost sharing agree- ‘‘(B) SPECIFIC AUTHORIZATION.—If the Fed- eral share of the cost of a project described SEC. 1042. LOCAL GOVERNMENT WATER MANAGE- ment, and developing the project manage- MENT PLANS. in subparagraph (A) is more than $10,000,000, ment plan, the first $100,000 of the feasibility The Secretary, with the consent of the the Secretary may only carry out the project study shall be a Federal expense.’’. non-Federal sponsor of a feasibility study for if Congress enacts a law authorizing the Sec- (c) NON-FEDERAL SHARE.—Section 729(f)(1) a water resources development project, may retary to carry out the project.’’; of the Water Resources Development Act of enter into a feasibility study cost-sharing (2) in subsection (c)— 1986 (33 U.S.C. 2267a(f)(1)) is amended by in- agreement under section 221(a) of the Flood serting before the period at the end ‘‘, except (A) in paragraph (1), by striking ‘‘studies’’ and inserting ‘‘any activity’’; and Control Act of 1970 (42 U.S.C. 1962d–5b(a)), to that the first $100,000 of the assessment shall allow a unit of local government in a water- be a Federal expense’’. (B) in paragraph (2)(B), by striking ‘‘car- rying out projects studied’’ and inserting shed that has adopted a local or regional SEC. 1037. SHORE DAMAGE PREVENTION OR MITI- ‘‘any activity conducted’’; water management plan to participate in the GATION. feasibility study to determine if there is an Section 111 of the River and Harbor Act of (3) in subsection (d)— (A) in paragraph (1)(A), by striking ‘‘a opportunity to include additional feasible 1968 (33 U.S.C. 426i) is amended— elements in the project being studied to help (1) in subsection (b), by striking ‘‘meas- study’’ and inserting ‘‘any activity con- ducted’’; and achieve the purposes identified in the local ures’’ and all that follows through ‘‘project’’ or regional water management plan. and inserting ‘‘measures, including a study, (B) by striking paragraph (2) and inserting SEC. 1043. CREDIT IN LIEU OF REIMBURSEMENT. shall be cost-shared in the same proportion the following: ‘‘(2) CREDIT.—The Secretary may credit to- Section 1022 of the Water Resources Re- as the cost-sharing provisions applicable to ward the non-Federal share of the costs of form and Development Act of 2014 (33 U.S.C. construction of the project’’; and any activity conducted under subsection (b) 2225) is amended— (2) by adding at the end the following: the cost of services, studies, supplies, or (1) in subsection (a), by striking ‘‘that has ‘‘(e) REIMBURSEMENT FOR FEASIBILITY other in-kind contributions provided by the been constructed by a non-Federal interest STUDIES.—Beginning on the date of enact- non-Federal interest. under section 211 of the Water Resources De- ment of this subsection, in any case in which ‘‘(3) SOVEREIGN IMMUNITY.—The Secretary velopment Act of 1996 (33 U.S.C. 701b–13) be- the Secretary implements a project under shall not require an Indian tribe to waive the fore the date of enactment of this Act’’ and this section, the Secretary shall reimburse sovereign immunity of the Indian tribe as a inserting ‘‘for which a written agreement or credit the non-Federal interest for any condition to entering into a cost-sharing with the Corps of Engineers for construction amounts contributed for the study evalu- agreement under this subsection. was finalized on or before December 31, 2014, ating the damage in excess of the non-Fed- ‘‘(4) WATER RESOURCES DEVELOPMENT under section 211 of the Water Resources De- eral share of the costs, as determined under PROJECTS.— velopment Act of 1996 (33 U.S.C. 701b–13) (as subsection (b).’’. ‘‘(A) IN GENERAL.—The non-Federal share it existed before the repeal made by section SEC. 1038. ENHANCING LAKE RECREATION OP- of costs for the study of a water resources de- 1014(c)(3))’’; and PORTUNITIES. velopment project described in subsection (2) in subsection (b), by striking ‘‘share of Section 3134 of the Water Resources Devel- (b)(1) shall be 50 percent. the cost of the non-Federal interest of car- opment Act of 2007 (Public Law 110–114; 121 ‘‘(B) OTHER COSTS.—The non-Federal share rying out other flood damage reduction Stat. 1142) is amended by striking subsection of costs of design and construction of a projects or studies’’ and inserting ‘‘non-Fed- (e). project described in subparagraph (A) shall eral share of the cost of carrying out other SEC. 1039. COST ESTIMATES. be assigned to the appropriate project pur- water resources development projects or Section 2008 of the Water Resources Devel- poses described in sections 101 and 103 of the studies of the non-Federal interest’’. opment Act of 2007 (33 U.S.C. 2340) is amend- Water Resources Development Act of 1986 (33 SEC. 1044. RETROACTIVE CHANGES TO COST- ed by striking subsection (c). U.S.C. 2211, 2213) and shared in the same per- SHARING AGREEMENTS. SEC. 1040. TRIBAL PARTNERSHIP PROGRAM. centages as the purposes to which the costs Study costs incurred before the date of Section 203 of the Water Resources Devel- are assigned. execution of a feasibility cost-sharing agree- opment Act of 2000 (33 U.S.C. 2269) is amend- ‘‘(5) PROJECTS FOR THE PRESERVATION OF ment for a project to be carried out under ed— CULTURAL AND NATURAL RESOURCES.— section 206 of the Water Resources Develop- (1) in subsection (b)— ‘‘(A) IN GENERAL.—The non-Federal share ment Act of 1996 (33 U.S.C. 2330) shall be Fed- (A) in paragraph (1), in the matter pre- of costs for the study of a project for the eral costs, if— ceding subparagraph (A), by striking ‘‘the preservation of cultural and natural re- (1) the study was initiated before October Secretary’’ and all that follows through sources described in subsection (b)(1) shall be 1, 2006; and ‘‘projects’’ and inserting ‘‘the Secretary may 50 percent. (2) the feasibility cost-sharing agreement carry out water-related planning activities, ‘‘(B) OTHER COSTS.—The non-Federal share was not executed before January 1, 2014. or activities relating to the study, design, of costs of design and construction of a SEC. 1045. EASEMENTS FOR ELECTRIC, TELE- and construction of water resources develop- project described in subparagraph (A) shall PHONE, OR BROADBAND SERVICE ment projects or projects for the preserva- be 65 percent. FACILITIES ELIGIBLE FOR FINANC- tion of cultural and natural resources,’’; ‘‘(6) WATER-RELATED PLANNING ACTIVI- ING UNDER THE RURAL ELEC- (B) in paragraph (2), in the matter pre- TIES.— TRIFICATION ACT OF 1936. ceding subparagraph (A), by striking ‘‘(2) ‘‘(A) IN GENERAL.—The non-Federal share (a) DEFINITION OF WATER RESOURCES DE- MATTERS TO BE STUDIED.—A study’’ and in- of costs of a watershed and river basin as- VELOPMENT PROJECT.—In this section, the serting the following: sessment shall be 25 percent. term ‘‘water resources development project’’ ‘‘(2) AUTHORIZED ACTIVITIES.—Any activ- ‘‘(B) OTHER COSTS.—The non-Federal share means a project under the administrative ju- ity’’; and of costs of other water-related planning ac- risdiction of the Corps of Engineers that is (C) by adding at the end the following: tivities described in subsection (b)(1) shall be subject to part 327 of title 36, Code of Federal ‘‘(3) FEASIBILITY STUDY AND REPORTS.— 65 percent.’’; and Regulations (or successor regulations).

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(b) NO CONSIDERATION FOR EASEMENTS.— the obligation or expenditure of non-Federal (B) for which individuals or entities, in- The Secretary may not collect consideration funds for construction of elements integral cluding the individuals or entities respon- for an easement across water resources de- to the authorized project, whether or not the sible for operations and maintenance costs velopment project land for the electric, tele- activity takes place pursuant to any agree- or that have storage entitlements or con- phone, or broadband service facilities of non- ment with, expenditure by, or obligation tracts at a reservoir, a unit of local govern- profit organizations eligible for financing from the Secretary.’’. ment, the owner of a non-Federal project, or under the Rural Electrification Act of 1936 (7 (b) NOTICES OF CORRECTION.—Not later than the non-Federal transferred works operating U.S.C. 901 et seq.). 60 days after the date of enactment of this entity, as applicable, have submitted to the (c) ADMINISTRATIVE EXPENSES.—Nothing in Act, the Secretary shall publish in the Fed- Secretary a written request to carry out the this section affects the authority of the Sec- eral Register a notice of correction removing review described in paragraph (1). retary under section 2695 of title 10, United from the lists under subsections (c) and (d) of (3) REQUIRED CONSULTATION.—In carrying States Code, or under section 9701 of title 31, section 6001 of the Water Resources Reform out a review under paragraph (1) and prior to United State Code, to collect funds to cover and Development Act of 2014 (33 U.S.C. 579b) updating any flood control rule curves and reasonable administrative expenses incurred any project that was listed even though con- manuals under subsection (e), the Secretary by the Secretary. struction (as defined in subsection (c)(5) of shall comply with all applicable public par- SEC. 1046. STUDY ON THE PERFORMANCE OF IN- that section) took place. ticipation and agency review requirements, NOVATIVE MATERIALS. SEC. 1048. REVIEW OF RESERVOIR OPERATIONS. including consultation with— (a) DEFINITION OF INNOVATIVE MATERIAL.— (a) DEFINITIONS.—In this section: (A) affected States, Indian tribes, and In this section, the term ‘‘innovative mate- (1) RESERVED WORKS.—The term ‘‘reserved other Federal and State agencies with juris- rial’’, with respect to a water resources de- works’’ means any Bureau of Reclamation diction over a portion of or all of the project velopment project, includes high perform- project facility at which the Secretary of the or the operations of the project; ance concrete formulations, geosynthetic Interior carries out the operation and main- (B) the applicable power marketing admin- materials, advanced alloys and metals, rein- tenance of the project facility. istration, in the case of reservoirs with Fed- forced polymer composites, and any other (2) TRANSFERRED WORKS.—The term ‘‘trans- eral hydropower projects; material, as determined by the Secretary. ferred works’’ means a Bureau of Reclama- (C) any non-Federal entity responsible for (b) STUDY.— tion project facility, the operation and main- operation and maintenance costs; (1) IN GENERAL.—The Secretary shall offer (D) any entity that has a contractual right to enter into a contract with the Transpor- tenance of which is carried out by a non-Fed- eral entity under the provisions of a formal to withdraw water from, or use storage at, tation Research Board of the National Acad- the project; emy of Sciences— operation and maintenance transfer con- tract. (E) any entity that the State determines (A) to develop a proposal to study the use holds rights under State law to the use of and performance of innovative materials in (3) TRANSFERRED WORKS OPERATING ENTI- TY.—The term ‘‘transferred works operating water from the project; and water resources development projects car- (F) any unit of local government with flood ried out by the Corps of Engineers; and entity’’ means the organization that is con- tractually responsible for operation and risk reduction responsibilities downstream (B) after the opportunity for public com- of the project. ment provided in accordance with subsection maintenance of transferred works. (d) AGREEMENT.—Before carrying out an (c), to carry out the study proposed under (b) APPLICABILITY.— activity under this section, the Secretary subparagraph (A). (1) IN GENERAL.—This section applies to reservoirs that are subject to regulation by shall enter into a cooperative agreement, (2) CONTENTS.—The study under paragraph memorandum of understanding, or other (1) shall identify— the Secretary under section 7 of the Act of agreement with an affected State, any owner (A) the conditions that result in degrada- December 22, 1944 (33 U.S.C. 709) located in a or operator of the reservoir, and, on request, tion of water resources infrastructure; State in which a Bureau of Reclamation any non-Federal entities responsible for op- (B) the capabilities of the innovative mate- project is located. eration and maintenance costs at the res- rials in reducing degradation; (2) EXCLUSIONS.—This section shall not ervoir, that describes the scope and goals of (C) barriers to the expanded successful use apply to— the activity and the coordination among the of innovative materials; (A) any project authorized by the Boulder parties. (D) recommendations on including per- Canyon Project Act (43 U.S.C. 617 et seq.); (e) UPDATES.—If the Secretary determines formance-based requirements for the incor- (B) the initial units of the Colorado River under subsection (c) that an update to a poration of innovative materials into the Storage Project, as authorized by the first flood control rule curve and associated Unified Facilities Guide Specifications; section of the Act of April 11, 1956 (com- changes to a water operations manual is ap- (E) recommendations on how greater use of monly known as the ‘‘Colorado River Stor- propriate, the Secretary may update the innovative materials could increase perform- age Project Act’’) (43 U.S.C. 620); flood control rule curve and manual in ac- ance of an asset of the Corps of Engineers in (C) any dam or reservoir operated by the cordance with the authorities in effect on relation to extended service life; Bureau of Reclamation as reserved works, the day before the date of enactment of this (F) additional ways in which greater use of unless all non-Federal project sponsors of Act. innovative materials could empower the the reserved works jointly provide to the Corps of Engineers to accomplish the goals Secretary a written request for application (f) FUNDING.— of the Strategic Plan for Civil Works of the of this section to the project; (1) IN GENERAL.—Subject to subsection (d), Corps of Engineers; and (D) any dam or reservoir owned and oper- the Secretary may accept and expend (G) recommendations on any further re- ated by the Corps of Engineers; or amounts from the entities described in para- search needed to improve the capabilities of (E) any Bureau of Reclamation transferred graph (2) to fund all or part of the cost of innovative materials in achieving extended works, unless the transferred works oper- carrying out a review under subsection (c) or service life and reduced maintenance costs in ating entity provides to the Secretary a an update under subsection (e), including water resources development infrastructure. written request for application of this sec- any associated environmental documenta- (c) PUBLIC COMMENT.—After developing the tion to the project. tion. study proposal under subsection (b)(1)(A) and (c) REVIEW.— (2) DESCRIPTION OF ENTITIES.—The entities before carrying out the study under sub- (1) IN GENERAL.—In accordance with the referred to in paragraph (1) are— section (b)(1)(B), the Secretary shall provide authorities of the Secretary in effect on the (A) non-Federal entities responsible for op- an opportunity for public comment on the day before the date of enactment of this Act, erations and maintenance costs at the af- study proposal. at the reservoirs described in paragraph (2), fected reservoir; (d) CONSULTATION.—In carrying out the the Secretary may— (B) individuals and non-Federal entities study under subsection (b)(1), the Secretary, (A) review any flood control rule curves de- with storage entitlements at the affected at a minimum, shall consult with relevant veloped by the Secretary; and reservoir; experts on engineering, environmental, and (B) determine, based on the best available (C) a Federal power marketing agency that industry considerations. science (including improved weather fore- markets power produced by the affected res- (e) REPORT TO CONGRESS.—Not later than 2 casts and forecast-informed operations, new ervoir; years after the date of enactment of this watershed data, or structural improvements) (D) units of local government; Act, the Secretary shall submit to Congress whether an update to the flood control rule (E) public or private entities holding con- a report describing the results of the study curves and associated changes to the water tracts with the Federal Government for required under subsection (b)(1). operations manuals is appropriate. water storage or water supply at the affected SEC. 1047. DEAUTHORIZATION OF INACTIVE (2) DESCRIPTION OF RESERVOIRS.—The res- reservoir; and PROJECTS. ervoirs referred to in paragraph (1) are res- (F) a nonprofit entity, with the consent of (a) IN GENERAL.—Section 6001(c) of the ervoirs— the affected unit of local government. Water Resources Reform and Development (A)(i) located in areas with prolonged (3) IN-KIND CONTRIBUTIONS.—The Secretary Act of 2014 (33 U.S.C. 579b(c)) is amended by drought conditions; or may— adding at the end the following: (ii) for which no review has occurred dur- (A) accept and use materials and services ‘‘(5) DEFINITION OF CONSTRUCTION.—In this ing the 10-year period preceding the date of contributed by an entity described in para- subsection, the term ‘construction’ includes enactment of this Act; and graph (2) under this subsection; and

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.027 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5529 (B) credit the value of the contributed ma- water supply agreement was predicated on ‘‘(2) 100 percent of the total amount of har- terials and services toward the cost of car- water that was surplus to a purpose and pro- bor maintenance taxes received in the pre- rying out a review or revision of operational vided for contingent permanent storage vious fiscal year.’’. documents under this section. rights under section 301 of the Water Supply SEC. 2004. DREDGED MATERIAL DISPOSAL. (g) PROTECTION OF EXISTING RIGHTS.—The Act of 1958 (43 U.S.C. 390b) pending the need Disposal of dredged material shall not be Secretary shall not issue an updated flood for storage for that purpose, and that pur- considered environmentally acceptable for control rule curve or operations manual pose is no longer authorized, the Secretary the purposes of identifying the Federal under subsection (e) that— of the Army shall continue the agreement standard (as defined in section 335.7 of title (1) interferes with an authorized purpose of with the same payment and all other terms 33, Code of Federal Regulations (or successor the project or the existing purposes of a non- as in effect prior to deauthorization of the regulations)) if the disposal violates applica- Federal project regulated for flood control purpose if the non-Federal entity has met all ble State water quality standards approved by the Secretary; of the conditions of the agreement. by the Administrator of the Environmental (2) reduces the ability to meet contractual ‘‘(c) PERMANENT STORAGE AGREEMENTS.—In Protection Agency under section 303 of the rights to water or storage at the reservoir; any case in which a water supply agreement Federal Water Pollution Control Act (33 (3) adversely impacts legal rights to water with a duration of 30 years or longer was U.S.C. 1313). under State law; predicated on water that was surplus to a SEC. 2005. CAPE ARUNDEL DISPOSAL SITE, (4) fails to address appropriate credit for purpose and provided for the complete pay- MAINE. the appropriate power marketing agency, if ment of the actual investment costs of stor- (a) DEADLINE.—The Cape Arundel Disposal applicable; or age to be used, and that purpose is no longer Site selected by the Department of the Army (5) if a project is subject to section 301(e) of authorized, the Secretary of the Army shall as an alternative dredged material disposal the Water Supply Act of 1958 (43 U.S.C. provide to the non-Federal entity an oppor- site under section 103(b) of the Marine Pro- 390b(e)), makes modifications to the project tunity to convert the agreement to a perma- tection, Research, and Sanctuaries Act of that do not meet the requirements of that nent storage agreement in accordance with 1972 (33 U.S.C. 1413(b)) and reopened pursuant section, unless the modification is submitted section 301 of the Water Supply Act of 1958 to section 113 of the Energy and Water De- to and authorized by Congress. (43 U.S.C. 390b), with the same payment velopment and Related Agencies Appropria- (h) EFFECT OF SECTION.—Nothing in this terms incorporated in the agreement.’’. tions Act, 2014 (Public Law 113–76; 128 Stat. section— SEC. 1052. AUTHORIZED FUNDING FOR INTER- 158) (referred to in this section as the ‘‘Site’’) (1) authorizes the Secretary to take any AGENCY AND INTERNATIONAL SUP- may remain open until the earlier of— action not otherwise authorized as of the PORT. (1) the date on which the Site does not date of enactment of this Act; Section 234(d)(1) of the Water Resources have any remaining disposal capacity; (2) affects or modifies any obligation of the Development Act of 1996 (33 U.S.C. (2) the date on which an environmental im- Secretary under Federal or State law; or 2323a(d)(1)) is amended by striking pact statement designating an alternative (3) affects or modifies any other authority ‘‘$1,000,000’’ and inserting ‘‘$5,000,000’’. dredged material disposal site for southern of the Secretary to review or modify res- TITLE II—NAVIGATION Maine has been completed; or ervoir operations. (3) the date that is 5 years after the date of SEC. 2001. PROJECTS FUNDED BY THE INLAND enactment of this Act. SEC. 1049. WRITTEN AGREEMENT REQUIREMENT WATERWAYS TRUST FUND. (b) LIMITATIONS.—The use of the Site as a FOR WATER RESOURCES PROJECTS. Beginning on June 10, 2014, and ending on Section 221(a)(3) of the Flood Control Act dredged material disposal site under sub- the date that is 15 years after the date of en- section (a) shall be subject to the conditions of 1970 (42 U.S.C. 1962d–5b(a)(3)) is amended actment of this Act, section 1001(b)(2) of the by striking ‘‘State legislature, the agree- that— Water Resources Development Act of 1986 (33 (1) conditions at the Site remain suitable ment may reflect’’ and inserting ‘‘State leg- U.S.C. 579a(b)(2)) shall not apply to any islature, on the request of the State, body for the continued use of the Site as a dredged project authorized to receive funding from material disposal site; and politic, or entity, the agreement shall re- the Inland Waterways Trust Fund estab- flect’’. (2) the Site not be used for the disposal of lished by section 9506(a) of the Internal Rev- more than 80,000 cubic yards from any single SEC. 1050. MAXIMUM COST OF PROJECTS. enue Code of 1986. dredging project. Section 902 of the Water Resources Devel- SEC. 2002. OPERATION AND MAINTENANCE OF SEC. 2006. MAINTENANCE OF HARBORS OF REF- opment of 1986 (33 U.S.C. 2280) is amended— FUEL-TAXED INLAND WATERWAYS. UGE. (1) in subsection (a)(2)(A), by striking ‘‘in- Section 102(c) of the Water Resources De- The Secretary is authorized to maintain dexes’’ and inserting ‘‘indexes, including ac- velopment Act of 1986 (33 U.S.C. 2212(c)) is federally authorized harbors of refuge to re- tual appreciation in relevant real estate amended by adding at the end the following: store and maintain the authorized dimen- markets’’; and ‘‘(3) CREDIT OR REIMBURSEMENT.—The Fed- sions of the harbors. (2) in subsection (b)— eral share of operation and maintenance car- SEC. 2007. AIDS TO NAVIGATION. (A) by striking ‘‘Notwithstanding sub- ried out by a non-Federal interest under this (a) IN GENERAL.—The Secretary shall— section (a), in accordance with section 5 of subsection after the date of enactment of the (1) consult with the Commandant of the the Act of June 22, 1936 (33 U.S.C. 701h)’’ and Water Resources Reform and Development Coast Guard regarding navigation on the inserting the following: Act of 2014 shall be eligible for reimburse- Ouachita-Black Rivers; and ‘‘(1) IN GENERAL.—Notwithstanding sub- ment or for credit toward— (2) share information regarding the assist- section (a)’’; ‘‘(A) the non-Federal share of future oper- ance that the Secretary can provide regard- (B) in paragraph (1) (as so designated)— ation and maintenance under this sub- ing the placement of any aids to navigation (i) by striking ‘‘funds’’ the first place it ap- section; or on the rivers referred to in paragraph (1). pears and inserting ‘‘funds, in-kind contribu- ‘‘(B) any measure carried out by the Sec- (b) REPORT.—Not later than 1 year after tions, and land, easements, and right-of-way, retary under section 3017(a) of the Water Re- the date of enactment of this Act, the Sec- relocations, and dredged material disposal sources Reform and Development Act of 2014 retary shall submit to the Committee on En- areas’’; and (33 U.S.C. 3303a note; Public Law 113–121).’’. vironment and Public Works of the Senate (ii) by striking ‘‘such funds’’ each place it SEC. 2003. FUNDING FOR HARBOR MAINTENANCE and the Committee on Transportation and appears and inserting ‘‘the contributions’’; PROGRAMS. Infrastructure of the House of Representa- and Section 2101 of the Water Resources Re- tives a report on the outcome of the con- (C) by adding at the end the following: form and Development Act of 2014 (33 U.S.C. sultation under subsection (a). ‘‘(2) LIMITATION.—Funds, in-kind contribu- 2238b) is amended— SEC. 2008. BENEFICIAL USE OF DREDGED MATE- tions, and land, easements, and right-of-way, (1) in subsection (b)(1), in the matter pre- RIAL. relocations, and dredged material disposal ceding subparagraph (A), by striking ‘‘The Section 204 of the Water Resources Devel- areas provided under this subsection are not target total’’ and inserting ‘‘Except as pro- opment Act of 1992 (33 U.S.C. 2326) is amend- eligible for credit or repayment and shall not vided in subsection (c), the target total’’; ed by adding at the end the following: be included in calculating the total cost of (2) by redesignating subsection (c) as sub- (1) in subsection (a)(1)— the project.’’. section (d); and (A) by striking ‘‘For sediment’’ and insert- SEC. 1051. CONVERSION OF SURPLUS WATER (3) by inserting after subsection (b) the fol- ing the following: AGREEMENTS. lowing: ‘‘(A) IN GENERAL.—For sediment’’; and Section 6 of the Act of December 22, 1944 ‘‘(c) EXCEPTION.—If the target total budget (B) by adding at the end the following: (33 U.S.C. 708), is amended— resources for a fiscal year described in sub- ‘‘(B) SEDIMENT FROM OTHER FEDERAL (1) by striking ‘‘SEC. 6. That the Secretary’’ paragraphs (A) through (J) of subsection SOURCES AND NON-FEDERAL SOURCES.—For and inserting the following: (b)(1) is lower than the target total budget purposes of projects carried out under this ‘‘SEC. 6. SALE OF SURPLUS WATERS FOR DOMES- resources for the previous fiscal year, then section, the Secretary may include sediment TIC AND INDUSTRIAL USES. the target total budget resources shall be ad- from other Federal sources and non-Federal ‘‘(a) IN GENERAL.—The Secretary’’; and justed to be equal to the lesser of— sources, subject to the requirement that any (2) by adding at the end the following: ‘‘(1) 103 percent of the total budget re- sediment obtained from a non-Federal source ‘‘(b) CONTINUATION OF CERTAIN WATER SUP- sources appropriated for the previous fiscal shall not be obtained at Federal expense.’’; PLY AGREEMENTS.—In any case in which a year; or and

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.027 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5530 CONGRESSIONAL RECORD — SENATE September 12, 2016 (2) in subsection (d), by adding at the end or an energy transfer port, and no port may tion of the Mississippi River that begins at the following: receive amounts from more than 1 designa- the confluence of the Minnesota River and ‘‘(3) SPECIAL RULE.—Disposal of dredged tion; and ends at the confluence of the Red River. material under this subsection may include a ‘‘(C) for donor ports and medium-sized (2) SHALLOW DRAFT.—The term ‘‘shallow single or periodic application of sediment for donor ports— draft’’ means a project that has a depth of beneficial use and shall not require oper- ‘‘(i) 50 percent of the funds shall be equally less than 14 feet. ation and maintenance. divided between the eligible donor ports as (b) DREDGING ACTIVITIES.—The Secretary ‘‘(4) DISPOSAL AT NON-FEDERAL COST.—The authorized by this section; and shall carry out dredging activities on shal- Secretary may accept funds from a non-Fed- ‘‘(ii) 50 percent of the funds shall be divided low draft ports located on the inland Mis- eral interest to dispose of dredged material between the eligible donor ports and eligible sissippi River to the respective authorized as provided under section 103(d)(1) of the medium-sized donor ports based on the per- widths and depths of those inland ports, as Water Resources Development Act of 1986 (33 centage of the total Harbor Maintenance Tax authorized on the date of enactment of this U.S.C. 2213(d)(1)).’’. revenues generated at each eligible donor Act. SEC. 2009. OPERATION AND MAINTENANCE OF port and medium-sized donor port.’’; (c) AUTHORIZATION OF APPROPRIATIONS.— HARBOR PROJECTS. (3) in subsection (c), in the matter pre- For each fiscal year, there is authorized to Section 210(c)(3) of the Water Resources ceding paragraph (1), by striking ‘‘donor be appropriated to the Secretary to carry Development Act of 1986 (33 U.S.C. 2238(c)(3)) port’’ and inserting ‘‘donor port, a medium- out this section $25,000,000. is amended by striking ‘‘for each of fiscal sized donor port,’’; SEC. 2013. IMPLEMENTATION GUIDANCE. years 2015 through 2022’’ and inserting ‘‘for (4) by striking subsection (d) and inserting Section 2102 of the Water Resources Re- each fiscal year’’. the following: form and Development Act of 2014 (Public SEC. 2010. ADDITIONAL MEASURES AT DONOR ‘‘(d) ADMINISTRATION OF PAYMENTS.— Law 113–121; 128 Stat. 1273) is amended by PORTS AND ENERGY TRANSFER ‘‘(1) IN GENERAL.—If a donor port, a me- PORTS. adding at the end the following: dium-sized donor port, or an energy transfer Section 2106 of the Water Resources Re- ‘‘(d) GUIDANCE.—Not later than 90 days form and Development Act of 2014 (33 U.S.C. port elects to provide payments to importers after the date of enactment of the Water Re- 2238c) is amended— or shippers under subsection (c), the Sec- sources Development Act of 2016 the Sec- (1) in subsection (a)— retary shall transfer to the Commissioner of retary shall publish on the website of the (A) by redesignating paragraphs (2) Customs and Border Protection the amount Corps of Engineers guidance on the imple- through (6) as paragraphs (3) through (7), re- that would otherwise be provided to the port mentation of this section and the amend- spectively; under this section that is equal to those pay- ments made by this section.’’. (B) by inserting after paragraph (1) the fol- ments to provide the payments to the im- SEC. 2014. REMOTE AND SUBSISTENCE HARBORS. lowing: porters or shippers of the discretionary cargo Section 2006 of the Water Resources Devel- ‘‘(2) DISCRETIONARY CARGO.—The term ‘dis- that is— opment Act of 2007 (33 U.S.C. 2242) is amend- cretionary cargo’ means maritime cargo that ‘‘(A) shipped through respective eligible ed— is destined for inland locations and that can ports; and (1) in subsection (a)(3), by inserting ‘‘in be economically shipped through multiple ‘‘(B) most at risk of diversion to seaports which the project is located or of a commu- seaports located in different countries or re- outside of the United States. nity that is located in the region that is gions.’’; ‘‘(2) REQUIREMENT.—The Secretary. in con- served by the project and that will rely on (C) in paragraph (3) (as redesignated)— sultation with the eligible port, shall limit the project’’ after ‘‘community’’; and (i) by redesignating subparagraphs (A) payments to top importers or shippers (2) in subsection (b)— through (D) as clause (i) through (iv), respec- through an eligible port, as ranked by value (A) in paragraph (1), by inserting ‘‘or of a tively, and indenting appropriately; of discretionary cargo.’’; and community that is located in the region to (ii) in the matter preceding clause (i) (as (5) in subsection (f)— be served by the project and that will rely on redesignated), by striking ‘‘The term’’ and (A) by striking paragraph (1) and inserting the project’’ after ‘‘community’’; inserting the following: the following: (B) in paragraph (4), by striking ‘‘local pop- ‘‘(A) IN GENERAL.—The term’’; and ‘‘(1) IN GENERAL.—If the total amounts ulation’’ and inserting ‘‘regional population (iii) by adding at the end the following: made available from the Harbor Mainte- to be served by the project’’; and ‘‘(B) CALCULATION.—For the purpose of cal- nance Trust Fund exceed the total amounts (C) in paragraph (5), by striking ‘‘commu- culating the percentage described in sub- made available from the Harbor Mainte- nity’’ and inserting ‘‘local community or to paragraph (A)(iii), payments described under nance Trust Fund in fiscal year 2012, there is a community that is located in the region to subsection (c)(1) shall not be included.’’; authorized to be appropriated to carry out be served by the project and that will rely on (D) in paragraph (5)(A) (as redesignated), this section $50,000,000 from the Harbor the project’’. Maintenance Trust Fund.’’; by striking ‘‘Code of Federal Regulation’’ SEC. 2015. NON-FEDERAL INTEREST DREDGING and inserting ‘‘Code of Federal Regulations’’; (B) by striking paragraph (2) and inserting AUTHORITY. and the following: (a) IN GENERAL.—The Secretary may per- (E) by adding at the end the following: ‘‘(2) DIVISION BETWEEN DONOR PORTS, ME- mit a non-Federal interest to carry out, for ‘‘(8) MEDIUM-SIZED DONOR PORT.—The term DIUM-SIZED DONOR PORTS, AND ENERGY TRANS- an authorized navigation project (or a sepa- ‘medium-sized donor port’ means a port— FER PORTS.—For each fiscal year, amounts rable element of an authorized navigation ‘‘(A) that is subject to the harbor mainte- made available to carry out this section project), such maintenance activities as are nance fee under section 24.24 of title 19, Code shall be provided in equal amounts to— necessary to ensure that the project is main- of Federal Regulations (or a successor regu- ‘‘(A) donor ports and medium-sized donor tained to not less than the minimum project lation); ports; and dimensions. ‘‘(B) at which the total amount of harbor ‘‘(B) energy transfer ports.’’; and (b) COST LIMITATIONS.—Except as provided maintenance taxes collected comprise annu- (C) by striking paragraph (3). in this section and subject to the availability ally more than $5,000,000 but less than SEC. 2011. HARBOR DEEPENING. of appropriations, the costs incurred by a $15,000,000 of the total funding of the Harbor (a) IN GENERAL.—Section 101(a)(1) of the non-Federal interest in performing the main- Maintenance Trust Fund established under Water Resources Development Act of 1986 (33 tenance activities described in subsection (a) section 9505 of the Internal Revenue Code of U.S.C. 2211(a)(1)) is amended— shall be eligible for reimbursement, not to 1986; (1) in the matter preceding subparagraph exceed an amount that is equal to the esti- ‘‘(C) that received less than 25 percent of (A), by striking ‘‘the date of enactment of mated Federal cost for the performance of the total amount of harbor maintenance this Act’’ and inserting ‘‘the date of enact- the maintenance activities. taxes collected at that port in the previous 5 ment of the Water Resources Reform and De- (c) AGREEMENT.—Before initiating mainte- fiscal years; and velopment Act of 2014 (Public Law 113–121; nance activities under this section, the non- ‘‘(D) that is located in a State in which 128 Stat. 1193)’’; Federal interest shall enter into an agree- more than 2,000,000 cargo containers were un- (2) in subparagraph (B), by striking ‘‘45 ment with the Secretary that specifies, for loaded from or loaded onto vessels in fiscal feet’’ and inserting ‘‘50 feet’’; and the performance of the maintenance activi- year 2012.’’; (3) in subparagraph (C), by striking ‘‘45 ties, the terms and conditions that are ac- (2) in subsection (b)— feet’’ and inserting ‘‘50 feet’’. ceptable to the non-Federal interest and the (A) in paragraph (1), by striking ‘‘donor (b) DEFINITION OF DEEP-DRAFT HARBOR.— Secretary. ports’’ and inserting ‘‘donor ports, medium- Section 214(1) of the Water Resources Devel- (d) PROVISION OF EQUIPMENT.—In carrying sized donor ports,’’; opment Act of 1986 (33 U.S.C. 2241(1)) is out maintenance activities under this sec- (B) in paragraph (2)— amended by striking ‘‘45 feet’’ and inserting tion, a non-Federal interest shall— (i) in subparagraph (A), by striking ‘‘and’’ ‘‘50 feet’’. (1) provide equipment at no cost to the at the end; and SEC. 2012. OPERATIONS AND MAINTENANCE OF Federal Government; and (ii) by striking subparagraph (B) and in- INLAND MISSISSIPPI RIVER PORTS. (2) hold and save the United States free serting the following: (a) DEFINITIONS.—In this section: from any and all damage that arises from ‘‘(B) shall be made available to a port as ei- (1) INLAND MISSISSIPPI RIVER.—The term the use of the equipment of the non-Federal ther a donor port, medium-sized donor port, ‘‘inland Mississippi River’’ means the por- interest, except for damage due to the fault

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.027 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5531 or negligence of a contractor of the Federal (1) in subparagraph (A), in the matter pre- SEC. 3002. REHABILITATION OF EXISTING LEV- Government. ceding clause (i), by striking ‘‘For each of EES. (e) REIMBURSEMENT ELIGIBILITY LIMITA- fiscal years 2015 through 2024’’ and inserting Section 3017 of the Water Resources Re- TIONS.—Costs that are eligible for reimburse- ‘‘For each fiscal year’’; and form and Development Act of 2014 (33 U.S.C. ment under this section are those costs di- (2) in subparagraph (B), in the matter pre- 3303a note; Public Law 113–121) is amended— rectly related to the costs associated with ceding clause (i), by striking ‘‘For each of (1) in subsection (a), by striking ‘‘if the operation and maintenance of the dredge fiscal years 2015 through 2024’’ and inserting Secretary determines the necessary work is based on the lesser of the period of time for ‘‘For each fiscal year’’. technically feasible, environmentally accept- able, and economically justified’’; which— SEC. 2019. HARBOR MAINTENANCE TRUST FUND. (1) the dredge is being used in the perform- (2) in subsection (b)— Notwithstanding section 102 of division D ance of work for the Federal Government (A) by striking ‘‘This section’’ and insert- of the Consolidated Appropriations Act, 2016 during a given fiscal year; and ing the following: (Public Law 114–113; 129 Stat. 2402), the Sec- (2) the actual fiscal year Federal appro- ‘‘(1) IN GENERAL.—This section’’; and retary shall allocate funding made available priations identified for that portion of main- (B) by adding at the end the following: to the Secretary from the Harbor Mainte- tenance dredging that are made available. ‘‘(2) REQUIREMENT.—A measure carried out nance Trust Fund, established under section (f) AUDIT.—Not earlier than 5 years after under subsection (a) shall be implemented in 9505 of the Internal Revenue Code of 1986, in the date of enactment of this Act, the Sec- the same manner as the repair or restoration accordance with section 210 of the Water Re- retary may conduct an audit on any mainte- of a flood control work pursuant to section 5 sources Development Act of 1986 (33 U.S.C. nance activities for an authorized navigation of the Act of August 18, 1941 (33 U.S.C. 2238). project (or a separable element of an author- 701n).’’; ized navigation project) carried out under TITLE III—SAFETY IMPROVEMENTS (3) in subsection (c)(1), by striking ‘‘The this section to determine if permitting a SEC. 3001. REHABILITATION ASSISTANCE FOR non-Federal’’ and inserting ‘‘Notwith- non-Federal interest to carry out mainte- NON-FEDERAL FLOOD CONTROL standing subsection (b)(2), the non-Federal’’; nance activities under this section has re- PROJECTS. and sulted in— (a) IN GENERAL.—Section 5 of the Act of (4) by adding at the end the following: (1) improved reliability and safety for navi- August 18, 1941 (33 U.S.C. 701n), is amended— ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— gation; and (1) in subsection (a), by adding at the end There is authorized to be appropriated to the Secretary to carry out this section (2) cost savings to the Federal Govern- the following: $125,000,000.’’. ment. ‘‘(3) DEFINITION OF NONSTRUCTURAL ALTER- SEC. 3003. MAINTENANCE OF HIGH RISK FLOOD (g) TERMINATION OF AUTHORITY.—The au- NATIVES.—In this subsection, ‘nonstructural CONTROL PROJECTS. thority of the Secretary under this section alternatives’ includes efforts to restore or In any case in which the Secretary has as- terminates on the date that is 10 years after protect natural resources including streams, the date of enactment of this Act. sumed, as of the date of enactment of this rivers, floodplains, wetlands, or coasts, if Act, responsibility for the maintenance of a SEC. 2016. TRANSPORTATION COST SAVINGS. those efforts will reduce flood risk.’’; and project classified as class III under the Dam Section 210(e)(3) of the Water Resources (2) by adding at the end the following: Safety Action Classification of the Corps of Development Act of 1986 (33 U.S.C. 2238(e)(3)) ‘‘(d) INCREASED LEVEL OF PROTECTION.—In Engineers, the Secretary shall continue to be is amended— conducting repair or restoration work under responsible for the maintenance until the (1) by redesignating subparagraph (B) as subsection (a), at the request of the non-Fed- earlier of the date that— subparagraph (C); and eral sponsor, the Secretary may increase the (1) the project is modified to reduce that (2) by inserting after subparagraph (A) the level of protection above the level to which risk and the Secretary determines that the following: the system was designed, or, if the repair and project is no longer classified as class III ‘‘(B) ADDITIONAL REQUIREMENT.—For the rehabilitation includes repair or rehabilita- under the Dam Safety Action Classification first report following the date of enactment tion of a pumping station, will increase the of the Corps of Engineers; or of the Water Resources Development Act of capacity of a pump, if— (2) is 15 years after the date of enactment 2016, in the report submitted under subpara- ‘‘(1) the Chief of Engineers determines the of this Act. graph (A), the Secretary shall identify, to improvements are in the public interest, in- SEC. 3004. REHABILITATION OF HIGH HAZARD the maximum extent practicable, transpor- cluding consideration of whether— POTENTIAL DAMS. tation cost savings realized by achieving and ‘‘(A) the authority under this section has (a) DEFINITIONS.—Section 2 of the National maintaining the constructed width and been used more than once at the same loca- Dam Safety Program Act (33 U.S.C. 467) is depth for the harbors and inland harbors re- tion; amended— ferred to in subsection (a)(2), on a project-by- ‘‘(B) there is an opportunity to decrease (1) by redesignating paragraphs (4), (5), (6), project basis.’’. significantly the risk of loss of life and prop- (7), (8), (9), (10), (11), (12), and (13) as para- SEC. 2017. DREDGED MATERIAL. erty damage; or graphs (5), (6), (7), (8), (9), (11), (13), (14), (15), (a) IN GENERAL.—Notwithstanding part 335 ‘‘(C) there is an opportunity to decrease and (16), respectively; of title 33, Code of Federal Regulations, the total life cycle rehabilitation costs for the (2) by inserting after paragraph (3) the fol- Secretary may place dredged material from project; and lowing: the operation and maintenance of an author- ‘‘(2) the non-Federal sponsor agrees to pay ‘‘(4) ELIGIBLE HIGH HAZARD POTENTIAL ized Federal water resources project at an- the difference between the cost of repair, res- DAM.— other authorized water resource project if toration, or rehabilitation to the original de- ‘‘(A) IN GENERAL.—The term ‘eligible high the Secretary determines that— sign level or original capacity and the cost of hazard potential dam’ means a non-Federal (1) the placement of the dredged material achieving the higher level of protection or dam that— would— capacity sought by the non-Federal sponsor. ‘‘(i) is located in a State with a State dam (A)(i) enhance protection from flooding ‘‘(e) NOTICE.—The Secretary shall notify safety program; caused by storm surges or sea level rise; or the non-Federal sponsor of the opportunity ‘‘(ii) is classified as ‘high hazard potential’ (ii) significantly contribute to shoreline to request implementation of nonstructural by the State dam safety agency in the State resiliency, including the resilience and res- alternatives to the repair or restoration of in which the dam is located; toration of wetland; and the flood control work under subsection ‘‘(iii) has an emergency action plan ap- (B) be in the public interest; and (a).’’. proved by the relevant State dam safety (2) the cost associated with the placement (b) PROJECTS IN COORDINATION WITH CER- agency; and of the dredged material is reasonable in rela- TAIN REHABILITATION REQUIREMENTS.— ‘‘(iv) the State in which the dam is located tion to the associated environmental, flood (1) IN GENERAL.—In any case in which the determines— protection, and resiliency benefits. Secretary has completed a study deter- ‘‘(I) fails to meet minimum dam safety (b) ADDITIONAL COSTS.—If the cost of plac- mining a project for flood damage reduction standards of the State; and ing the dredged material at another author- is feasible and such project is designed to ‘‘(II) poses an unacceptable risk to the pub- ized water resource project exceeds the cost protect the same geographic area as work to lic. of depositing the dredged material in accord- be performed under section 5(c) of the Act of ‘‘(B) EXCLUSION.—The term ‘eligible high ance with the Federal standard (as defined in August 18, 1941 (33 U.S.C. 701n(c)), the Sec- hazard potential dam’ does not include— section 335.7 of title 33, Code of Federal Reg- retary may, if the Secretary determines that ‘‘(i) a licensed hydroelectric dam; or ulations (as in effect on the date of enact- the action is in the public interest, carry out ‘‘(ii) a dam built under the authority of the ment of this Act)), the Secretary shall not such project with the work being performed Secretary of Agriculture.’’; require a non-Federal entity to bear any of under section 5(c) of that Act, subject to the (3) by inserting after paragraph (9) (as re- the increased costs associated with the limitations in paragraph (2). designated by paragraph (1)) the following: placement of the dredged material. (2) COST-SHARING.—The cost to carry out a ‘‘(10) NON-FEDERAL SPONSOR.—The term SEC. 2018. GREAT LAKES NAVIGATION SYSTEM. project under paragraph (1) shall be shared in ‘non-Federal sponsor’, in the case of a Section 210(d)(1) of the Water Resources accordance with section 103 of the Water Re- project receiving assistance under section Development Act of 1986 (33 U.S.C. 2238(d)(1)) sources Development Act of 1986 (33 U.S.C. 8A, includes— is amended— 2213). ‘‘(A) a governmental organization; and

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‘‘(B) a nonprofit organization.’’ and period following completion of rehabilita- ‘‘(h) USE OF FUNDS.—None of the funds pro- (4) by inserting after paragraph (11) (as re- tion; vided in the form of a grant or otherwise designated by paragraph (1)) the following: ‘‘(D) comply with such minimum eligi- made available under this section shall be ‘‘(12) REHABILITATION.—The term ‘rehabili- bility requirements as the Administrator used— tation’ means the repair, replacement, re- may establish to ensure that each owner and ‘‘(1) to rehabilitate a Federal dam; construction, or removal of a dam that is operator of a dam under a participating ‘‘(2) to perform routine operation or main- carried out to meet applicable State dam State dam safety program— tenance of a dam; safety and security standards.’’. ‘‘(i) acts in accordance with the State dam ‘‘(3) to modify a dam to produce hydro- (b) PROGRAM FOR REHABILITATION OF HIGH safety program; and electric power; HAZARD POTENTIAL DAMS.—The National ‘‘(ii) carries out activities relating to the ‘‘(4) to increase water supply storage ca- Dam Safety Program Act is amended by in- public in the area around the dam in accord- pacity; or serting after section 8 (33 U.S.C. 467f) the fol- ance with the hazard mitigation plan de- ‘‘(5) to make any other modification to a lowing: scribed in subparagraph (B); and dam that does not also improve the safety of ‘‘SEC. 8A. REHABILITATION OF HIGH HAZARD PO- ‘‘(E) comply with section 611(j)(9) of the the dam. TENTIAL DAMS. Robert T. Stafford Disaster Relief and Emer- ‘‘(i) CONTRACTUAL REQUIREMENTS.— ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Ad- gency Assistance Act (42 U.S.C. 5196(j)(9)) (as ‘‘(1) IN GENERAL.—Subject to paragraph (2), ministrator shall establish, within FEMA, a in effect on the date of enactment of this as a condition on the receipt of a grant under program to provide technical, planning, de- section) with respect to projects receiving this section of an amount greater than sign, and construction assistance in the form assistance under this section in the same $1,000,000, a non-Federal sponsor that re- of grants to non-Federal sponsors for reha- manner as recipients are required to comply ceives the grant shall require that each con- bilitation of eligible high hazard potential in order to receive financial contributions tract and subcontract for program manage- dams. from the Administrator for emergency pre- ment, construction management, planning ‘‘(b) ELIGIBLE ACTIVITIES.—A grant award- paredness purposes. studies, feasibility studies, architectural ed under this section for a project may be ‘‘(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

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371 of the Water Resources Development Act (i) IN GENERAL.—For each of fiscal years (i) IN GENERAL.—The Secretary of the of 1999 (Public Law 106–53; 113 Stat. 321). 2017 through 2037, the Secretary of the Treas- Treasury shall invest such portion of the (4) Amite River and Tributaries, Louisiana, ury shall deposit in the Fund $22,750,000 from Fund as is not, in the judgment of the Sec- East Baton Rouge Parish Watershed, as au- the general fund of the Treasury. retary, required to meet current with- thorized by section 101(a)(21) of the Water (ii) AVAILABILITY OF AMOUNTS.—Amounts drawals. Resources Development Act of 1999 (Public deposited in the Fund under clause (i) shall (ii) CREDITS TO FUND.—The interest on, and Law 106–53; 113 Stat. 277) and modified by be used, subject to appropriation, to carry the proceeds from the sale or redemption of, section 116 of division D of Public Law 108–7 out this section. any obligations held in the Fund shall be (117 Stat. 140) and section 3074 of the Water (C) EXPENDITURES FROM FUND.— credited to, and form a part of, the Fund. Resources Development Act of 2007 (Public (i) IN GENERAL.—Subject to clause (ii), for (E) TRANSFERS OF AMOUNTS.— Law 110–114; 121 Stat. 1124). each of fiscal years 2017 through 2037, the (i) IN GENERAL.—The amounts required to SEC. 3006. CUMBERLAND RIVER BASIN DAM RE- Secretary may, to the extent provided in ad- be transferred to the Fund under this para- PAIRS. vance in appropriations Acts, expend from graph shall be transferred at least monthly. (a) IN GENERAL.—Costs incurred in car- the Fund, in accordance with this section, (ii) ADJUSTMENTS.—Proper adjustment rying out any repair to correct a seepage not more than the sum of— shall be made in amounts subsequently problem at any dam in the Cumberland River (I) $22,750,000; and transferred to the extent prior estimates are Basin shall be— (II) the amount of interest accrued in the in excess of or less than the amounts re- (1) treated as costs for a dam safety Fund. quired to be transferred. project; and (ii) ADDITIONAL EXPENDITURES.—The Sec- (F) TERMINATION.—On September 30, 2037— (2) subject to cost-sharing requirements in retary may expend more than $22,750,000 for (i) the Fund shall terminate; and accordance with section 1203 of the Water any fiscal year referred to in clause (i) if the (ii) the unexpended and unobligated bal- Resources Development Act of 1986 (33 U.S.C. additional amounts are available in the Fund ance of the Fund shall be transferred to the 467n). as a result of a failure of the Secretary to ex- general fund of the Treasury. (b) APPLICATION.—Subsection (a) shall pend all of the amounts available under (c) REPAIR, REPLACEMENT, AND MAINTE- 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 SEC. 3007. INDIAN DAM SAFETY. Fund as is not, in the judgment of the Sec- maintenance needs of Indian dams that— (a) DEFINITIONS.—In this section: retary, required to meet current with- (i) create flood risks or other risks to pub- (1) DAM.— drawals. lic or employee safety or natural or cultural (A) IN GENERAL.—The term ‘‘dam’’ has the (ii) CREDITS TO FUND.—The interest on, and resources; and meaning given the term in section 2 of the the proceeds from the sale or redemption of, (ii) unduly impede the management and ef- National Dam Safety Program Act (33 U.S.C. any obligations held in the Fund shall be ficiency of Indian dams. 467). credited to, and form a part of, the Fund. (B) FUNDING.— (B) INCLUSIONS.—The term ‘‘dam’’ includes (E) TRANSFERS OF AMOUNTS.— (i) HIGH-HAZARD FUND.—Consistent with any structure, facility, equipment, or vehicle (i) IN GENERAL.—The amounts required to subsection (b)(1)(B), the Secretary shall use used in connection with the operation of a be transferred to the Fund under this para- or transfer to the Bureau of Indian Affairs dam. graph shall be transferred at least monthly. not less than $22,750,000 of amounts in the (2) FUND.—The term ‘‘Fund’’ means, as ap- (ii) ADJUSTMENTS.—Proper adjustment High-Hazard Indian Dam Safety Deferred plicable— shall be made in amounts subsequently Maintenance Fund, plus accrued interest, for (A) the High-Hazard Indian Dam Safety transferred to the extent prior estimates are each of fiscal years 2017 through 2037 to carry Deferred Maintenance Fund established by in excess of or less than the amounts re- out maintenance, repair, and replacement subsection (b)(1)(A); or quired to be transferred. activities for 1 or more of the Indian dams (B) the Low-Hazard Indian Dam Safety De- (F) TERMINATION.—On September 30, 2037— described in paragraph (2)(A). ferred Maintenance Fund established by sub- (i) the Fund shall terminate; and (ii) LOW-HAZARD FUND.—Consistent with section (b)(2)(A). (ii) the unexpended and unobligated bal- subsection (b)(2)(B), the Secretary shall use (3) HIGH HAZARD POTENTIAL DAM.—The term ance of the Fund shall be transferred to the or transfer to the Bureau of Indian Affairs ‘‘high hazard potential dam’’ means a dam general fund of the Treasury. not less than $10,000,000 of amounts in the assigned to the significant or high hazard po- (2) LOW-HAZARD FUND.— Low-Hazard Indian Dam Safety Deferred tential classification under the guidelines (A) ESTABLISHMENT.—There is established Maintenance Fund, plus accrued interest, for published by the Federal Emergency Man- in the Treasury of the United States a fund, each of fiscal years 2017 through 2037 to carry agement Agency entitled ‘‘Federal Guide- to be known as the ‘‘Low-Hazard Indian Dam out maintenance, repair, and replacement lines for Dam Safety: Hazard Potential Clas- Safety Deferred Maintenance Fund’’, con- activities for 1 or more of the Indian dams sification System for Dams’’ (FEMA Publi- sisting of— described in paragraph (2)(B). cation Number 333). (i) such amounts as are deposited in the (C) COMPLIANCE WITH DAM SAFETY POLI- (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ Fund under subparagraph (B); and CIES.—Maintenance, repair, and replacement has the meaning given the term in section 4 (ii) any interest earned on investment of activities for Indian dams under this section of the Indian Self-Determination and Edu- amounts in the Fund under subparagraph shall be carried out in accordance with the cation Assistance Act (25 U.S.C. 5304). (D). dam safety policies of the Director of the Bu- (5) LOW HAZARD POTENTIAL DAM.—The term (B) DEPOSITS TO FUND.— reau of Indian Affairs established to carry ‘‘low hazard potential dam’’ means a dam as- (i) IN GENERAL.—For each of fiscal years out the Indian Dams Safety Act of 1994 (25 signed to the low hazard potential classifica- 2017 through 2037, the Secretary of the Treas- U.S.C. 3801 et seq.). tion under the guidelines published by the ury shall deposit in the Fund $10,000,000 from (2) ELIGIBLE DAMS.— Federal Emergency Management Agency en- the general fund of the Treasury. (A) HIGH HAZARD POTENTIAL DAMS.—The titled ‘‘Federal Guidelines for Dam Safety: (ii) AVAILABILITY OF AMOUNTS.—Amounts dams eligible for funding under paragraph Hazard Potential Classification System for deposited in the Fund under clause (i) shall (1)(B)(i) are Indian high hazard potential Dams’’ (FEMA Publication Number 333). be used, subject to appropriation, to carry dams in the United States that— (6) SECRETARY.—The term ‘‘Secretary’’ out this section. (i) are included in the safety of dams pro- means the Secretary of the Interior, acting (C) EXPENDITURES FROM FUND.— gram established pursuant to the Indian through the Assistant Secretary for Indian (i) IN GENERAL.—Subject to clause (ii), for Dams Safety Act of 1994 (25 U.S.C. 3801 et Affairs, in consultation with the Secretary each of fiscal years 2017 through 2037, the seq.); and of the Army. Secretary may, to the extent provided in ad- (ii)(I)(aa) are owned by the Federal Gov- (b) INDIAN DAM SAFETY DEFERRED MAINTE- vance in appropriations Acts, expend from ernment, as listed in the Federal inventory NANCE FUNDS.— the Fund, in accordance with this section, required by Executive Order 13327 (40 U.S.C. (1) HIGH-HAZARD FUND.— not more than the sum of— 121 note; relating to Federal real property (A) ESTABLISHMENT.—There is established (I) $10,000,000; and asset management); and in the Treasury of the United States a fund, (II) the amount of interest accrued in the (bb) are managed by the Bureau of Indian to be known as the ‘‘High-Hazard Indian Fund. Affairs (including dams managed under con- Dam Safety Deferred Maintenance Fund’’, (ii) ADDITIONAL EXPENDITURES.—The Sec- tracts or compacts pursuant to the Indian consisting of— retary may expend more than $10,000,000 for Self-Determination and Education Assist- (i) such amounts as are deposited in the any fiscal year referred to in clause (i) if the ance Act (25 U.S.C. 5301 et seq.)); or Fund under subparagraph (B); and additional amounts are available in the Fund (II) have deferred maintenance documented (ii) any interest earned on investment of as a result of a failure of the Secretary to ex- by the Bureau of Indian Affairs. amounts in the Fund under subparagraph pend all of the amounts available under (B) LOW HAZARD POTENTIAL DAMS.—The (D). clause (i) in 1 or more prior fiscal years. dams eligible for funding under paragraph (B) DEPOSITS TO FUND.— (D) INVESTMENTS OF AMOUNTS.— (1)(B)(ii) are Indian low hazard potential

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dams in the United States that, on the date (4) TRIBAL CONSULTATION AND USER INPUT.— (ff) the Rocky Mountain Region; of enactment of this Act— (A) IN GENERAL.—Except as provided in (gg) the Great Plans Region; and (i) are covered under the Indian Dams Safe- subparagraph (B), before expending funds on (hh) the Midwest Region; ty Act of 1994 (25 U.S.C. 3801 et seq.); and an Indian dam pursuant to paragraph (1) and (II) 2 shall be appointed by the Secretary of (ii)(I)(aa) are owned by the Federal Gov- not later than 60 days after the date of en- the Interior from among employees of the ernment, as listed in the Federal inventory actment of this Act, the Secretary shall— Bureau of Indian Affairs who have knowledge required by Executive Order 13327 (40 U.S.C. (i) consult with the Director of the Bureau and expertise in dam safety issues and flood 121 note; relating to Federal real property of Indian Affairs on the expenditure of funds; prevention and mitigation; asset management); and (ii) ensure that the Director of the Bureau (III) 1 shall be appointed by the Secretary (bb) are managed by the Bureau of Indian of Indian Affairs advises the Indian tribe of the Interior from among employees of the Affairs (including dams managed under con- that has jurisdiction over the land on which Bureau of Reclamation who have knowledge tracts or compacts pursuant to the Indian a dam eligible to receive funding under para- and expertise in dam safety issues and flood Self-Determination and Education Assist- graph (2) is located on the expenditure of prevention and mitigation; and ance Act (25 U.S.C. 5301 et seq.)); or funds; and (IV) 1 shall be appointed by the Secretary (II) have deferred maintenance documented (iii) solicit and consider the input, com- of the Army from among employees of the by the Bureau of Indian Affairs. ments, and recommendations of the land- Corps of Engineers who have knowledge and (3) REQUIREMENTS AND CONDITIONS.—Not owners served by the Indian dam. expertise in dam safety issues and flood pre- later than 120 days after the date of enact- (B) EMERGENCIES.—If the Secretary deter- vention and mitigation. ment of this Act and as a precondition to mines that an emergency circumstance ex- (ii) NONVOTING MEMBERS.—The members of amounts being expended from the Fund to ists with respect to an Indian dam, subpara- the Committee appointed under subclauses carry out this subsection, the Secretary, in graph (A) shall not apply with respect to (II) and (III) of clause (i) shall be nonvoting consultation with representatives of affected that Indian dam. members. Indian tribes, shall develop and submit to (5) ALLOCATION AMONG DAMS.— (iii) DATE.—The appointments of the mem- Congress— (A) IN GENERAL.—Subject to subparagraph bers of the Committee shall be made as soon (A) programmatic goals to carry out this (B), to the maximum extent practicable, the as practicable after the date of enactment of subsection that— Secretary shall ensure that, for each of fiscal this Act. (i) would enable the completion of repair- years 2017 through 2037, each Indian dam eli- (C) PERIOD OF APPOINTMENT.—Members ing, replacing, improving, or performing gible for funding under paragraph (2) that shall be appointed for the life of the Com- maintenance on Indian dams as expedi- has critical maintenance needs receives part mittee. tiously as practicable, subject to the dam of the funding under paragraph (1) to address (D) VACANCIES.—Any vacancy in the Com- safety policies of the Director of the Bureau critical maintenance needs. mittee shall not affect the powers of the of Indian Affairs established to carry out the (B) PRIORITY.—In allocating amounts Committee, but shall be filled in the same Indian Dams Safety Act of 1994 (25 U.S.C. under paragraph (1)(B), in addition to consid- manner as the original appointment. 3801 et seq.); ering the funding priorities described in (E) INITIAL MEETING.—Not later than 30 (ii) facilitate or improve the ability of the paragraph (3), the Secretary shall give pri- days after the date on which all members of Bureau of Indian Affairs to carry out the ority to Indian dams eligible for funding the Committee have been appointed, the mission of the Bureau of Indian Affairs in op- under paragraph (2) that serve— Committee shall hold the first meeting. erating an Indian dam; and (i) more than 1 Indian tribe within an In- (F) MEETINGS.—The Committee shall meet (iii) ensure that the results of government- dian reservation; or at the call of the Chairperson. to-government consultation required under (ii) highly populated Indian communities, (G) QUORUM.—A majority of the members paragraph (4) be addressed; and as determined by the Secretary. of the Committee shall constitute a quorum, (B) funding prioritization criteria to serve (C) CAP ON FUNDING.— but a lesser number of members may hold as a methodology for distributing funds (i) IN GENERAL.—Subject to clause (ii), in hearings. under this subsection that take into ac- allocating amounts under paragraph (1)(B), (H) CHAIRPERSON AND VICE CHAIRPERSON.— count— the Secretary shall allocate not more than The Committee shall select a Chairperson (i) the extent to which deferred mainte- $10,000,000 to any individual dam described in and Vice Chairperson from among the mem- nance of Indian dams poses a threat to— paragraph (2) during any consecutive 3-year bers. (I) public or employee safety or health; period. (2) DUTIES OF THE COMMITTEE.— (II) natural or cultural resources; or (ii) EXCEPTION.—Notwithstanding the cap (A) STUDY.—The Committee shall conduct (III) the ability of the Bureau of Indian Af- described in clause (i), if the full amount a thorough study of all matters relating to fairs to carry out the mission of the Bureau under paragraph (1)(B) cannot be fully allo- the modernization of the Indian Dams Safety of Indian Affairs in operating an Indian dam; cated to eligible Indian dams because the Act of 1994 (25 U.S.C. 3801 et seq.). (ii) the extent to which repairing, replac- costs of the remaining activities authorized (B) RECOMMENDATIONS.—The Committee ing, improving, or performing maintenance in paragraph (1)(B) of an Indian dam would shall develop recommendations for legisla- on an Indian dam will— exceed the cap described in clause (i), the tion to improve the Indian Dams Safety Act (I) improve public or employee safety, Secretary may allocate the remaining funds of 1994 (25 U.S.C. 3801 et seq.). health, or accessibility; to eligible Indian dams in accordance with (C) REPORT.—Not later than 1 year after (II) assist in compliance with codes, stand- this subsection. the date on which the Committee holds the ards, laws, or other requirements; (D) BASIS OF FUNDING.—Any amounts made first meeting, the Committee shall submit a (III) address unmet needs; or available under this paragraph shall be non- report containing a detailed statement of the (IV) assist in protecting natural or cul- reimbursable. findings and conclusions of the Committee, tural resources; (E) APPLICABILITY OF ISDEAA.—The Indian together with recommendations for legisla- (iii) the methodology of the rehabilitation Self-Determination and Education Assist- tion that the Committee considers appro- priority index of the Secretary, as in effect ance Act (25 U.S.C. 5301 et seq.) shall apply to priate, to— on the date of enactment of this Act; activities carried out under this paragraph. (i) the Committee on Indian Affairs of the (iv) the potential economic benefits of the (d) TRIBAL SAFETY OF DAMS COMMITTEE.— Senate; and expenditures on job creation and general (1) ESTABLISHMENT OF COMMITTEE.— (ii) the Committee on Natural Resources of economic development in the affected tribal (A) ESTABLISHMENT.—The Secretary of the the House of Representatives. communities; Interior shall establish within the Bureau of (3) POWERS OF THE COMMITTEE.— (v) the ability of an Indian dam to address Indian Affairs the Tribal Safety of Dams (A) HEARINGS.—The Committee may hold tribal, regional, and watershed level flood Committee (referred to in this paragraph as such hearings, sit and act at such times and prevention needs; the ‘‘Committee’’). places, take such testimony, and receive (vi) the need to comply with the dam safe- (B) MEMBERSHIP.— such evidence as the Committee considers ty policies of the Director of the Bureau of (i) COMPOSITION.—The Committee shall be appropriate to carry out this paragraph. Indian Affairs established to carry out the composed of 15 members, of whom— (B) INFORMATION FROM FEDERAL AGENCIES.— Indian Dams Safety Act of 1994 (25 U.S.C. (I) 11 shall be appointed by the Secretary (i) IN GENERAL.—The Committee may se- 3801 et seq.); of the Interior from among individuals who, cure directly from any Federal department (vii) the ability of the water storage capac- to the maximum extent practicable, have or agency such information as the Com- ity of an Indian dam to be increased to pre- knowledge and expertise in dam safety issues mittee considers necessary to carry out this vent flooding in downstream tribal and non- and flood prevention and mitigation, of paragraph. tribal communities; and whom not less than 1 shall be a member of (ii) REQUEST.—On request of the Chair- (viii) such other factors as the Secretary an Indian tribe in each of the Bureau of In- person of the Committee, the head of any determines to be appropriate to prioritize dian Affairs regions of— Federal department or agency shall furnish the use of available funds that are, to the (aa) the Northwest Region; information described in clause (i) to the fullest extent practicable, consistent with (bb) the Pacific Region; Committee. tribal and user recommendations received (cc) the Western Region; (C) POSTAL SERVICES.—The Committee may pursuant to the consultation and input proc- (dd) the Navajo Region; use the United States mails in the same ess under paragraph (4). (ee) the Southwest Region; manner and under the same conditions as

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other departments and agencies of the Fed- (2) BIA REPORTS.—Not less frequently than ‘‘(A) the urgency and need of each area; eral Government. once each year, the Secretary shall submit and (D) GIFTS.—The Committee may accept, to Congress a report describing the condition ‘‘(B) the availability of local funds.’’; and use, and dispose of gifts or donations of serv- of each dam under the partial or total juris- (2) in subsection (d)— ices or property. diction of the Secretary. (A) by striking paragraph (1) and inserting (4) COMMITTEE PERSONNEL MATTERS.— (f) FLOOD PLAIN MANAGEMENT PILOT PRO- the following: (A) COMPENSATION OF MEMBERS.— GRAM.— ‘‘(1) ESTABLISHMENT, OPERATION, AND MAIN- (i) NON-FEDERAL MEMBERS.—Each member (1) ESTABLISHMENT.—The Secretary shall TENANCE.— of the Committee who is not an officer or establish, within the Bureau of Indian Af- ‘‘(A) IN GENERAL.—In carrying out this sec- employee of the Federal Government shall fairs, a flood plain management pilot pro- tion, the Secretary may establish, operate, be compensated at a rate equal to the daily gram (referred to in this subsection as the and maintain watercraft inspection stations equivalent of the annual rate of basic pay ‘‘program’’) to provide, at the request of an to protect— prescribed for level IV of the Executive Indian tribe, guidance to the Indian tribe re- ‘‘(i) the Columbia River Basin; Schedule under section 5315 of title 5, United lating to best practices for the mitigation ‘‘(ii) the Platte River Basin located in the States Code, for each day (including travel and prevention of floods, including consulta- States of Colorado, Nebraska, and Wyoming; time) during which the member is engaged in tion with the Indian tribe on— and the performance of the duties of the Com- (A) flood plain mapping; or ‘‘(iii) the Arkansas River Basin located in mittee. (B) new construction planning. the States of Arkansas, Colorado, Kansas, (ii) FEDERAL MEMBERS.—Each member of (2) TERMINATION.—The program shall ter- New Mexico, Oklahoma, and Texas. the Committee who is an officer or employee minate on the date that is 4 years after the ‘‘(B) LOCATION.—The watercraft inspection of the Federal Government shall serve with- date of enactment of this Act. stations under subparagraph (A) shall be lo- out compensation in addition to that re- (3) FUNDING.—Of the amounts authorized to cated in areas, as determined by the Sec- ceived for services as an officer or employee be expended from either Fund, $250,000 shall retary, with the highest likelihood of pre- of the Federal Government. be made available from either Fund during venting the spread of aquatic invasive spe- (B) TRAVEL EXPENSES.—The members of each of fiscal years 2017, 2018, and 2019 to cies at reservoirs operated and maintained the Committee shall be allowed travel ex- carry out this subsection, to remain avail- by the Secretary.’’; and penses, including per diem in lieu of subsist- able until expended. (B) in paragraph (3), by striking subpara- ence, at rates authorized for employees of TITLE IV—RIVER BASINS, WATERSHEDS, graph (A) and inserting the following: agencies under subchapter I of chapter 57 of AND COASTAL AREAS ‘‘(A) the Governor of each State in which a title 5, United States Code, while away from station is established under paragraph (1);’’. SEC. 4001. GULF COAST OYSTER BED RECOVERY (c) TRIBAL HOUSING.— their homes or regular places of business in PLAN. (1) DEFINITION OF REPORT.—In this sub- the performance of services for the Com- (a) DEFINITION OF GULF STATES.—In this section, the term ‘‘report’’ means the final mittee. section, the term ‘‘Gulf States’’ means each report for the Portland District, Corps of En- (C) STAFF.— of the States of Alabama, Florida, Louisiana, gineers, entitled ‘‘Columbia River Treaty (i) IN GENERAL.— Mississippi, and Texas. Fishing Access Sites, Oregon and Wash- (I) APPOINTMENT.—The Chairperson of the (b) GULF COAST OYSTER BED RECOVERY ington: Fact-finding Review on Tribal Hous- Committee may, without regard to the civil PLAN.—The Secretary, in coordination with ing’’ and dated November 19, 2013. service laws and regulations, appoint and the Gulf States, shall develop and implement (2) ASSISTANCE AUTHORIZED.—As replace- terminate an executive director and such a plan to assist in the recovery of oyster ment housing for Indian families displaced other additional personnel as may be nec- beds on the coast of Gulf States that were due to the construction of the Bonneville essary to enable the Committee to perform damaged by events including— Dam, on the request of the Secretary of the the duties of the Committee. (1) Hurricane Katrina in 2005; Interior, the Secretary may provide assist- (II) CONFIRMATION.—The employment of an (2) the Deep Water Horizon oil spill in 2010; ance on land transferred by the Department executive director shall be subject to con- and of the Army to the Department of the Inte- firmation by the Committee. (3) floods in 2011 and 2016. rior pursuant to title IV of Public Law 100– (ii) COMPENSATION.—The Chairperson of the (c) INCLUSION.—The plan developed under 581 (102 Stat. 2944; 110 Stat. 766; 110 Stat. 3762; Committee may fix the compensation of the subsection (b) shall address the beneficial 114 Stat. 2679; 118 Stat. 544) for the number of executive director and other personnel with- use of dredged material in providing sub- families estimated in the report as having out regard to chapter 51 and subchapter III of strate for oyster bed development. received no relocation assistance. chapter 53 of title 5, United States Code, re- (d) SUBMISSION.—Not later than 18 months (3) STUDY.—The Secretary shall— lating to classification of positions and Gen- after the date of enactment of this Act, the (A) conduct a study to determine the num- eral Schedule pay rates, except that the rate Secretary shall submit to the Committee of ber of Indian people displaced by the con- of pay for the executive director and other Environment and Public Works of the Senate struction of the John Day Dam; and personnel may not exceed the rate payable and the Committee on Transportation and (B) identify a plan for suitable housing to for level V of the Executive Schedule under Infrastructure of the House of Representa- replace housing lost to the construction of section 5316 of that title. tives the plan developed under subsection (b). the John Day Dam. (D) DETAIL OF GOVERNMENT EMPLOYEES.— (e) AUTHORIZATION OF APPROPRIATIONS.— (d) COLUMBIA AND LOWER WILLAMETTE RIV- Any Federal Government employee may be There is authorized to be appropriated to the ERS BELOW VANCOUVER, WASHINGTON AND OR- detailed to the Committee without reim- Secretary to carry out this section $2,000,000, EGON.—The Secretary shall conduct a study bursement, and such detail shall be without to remain available until expended. to determine the feasibility of modifying the interruption or loss of civil service status or project for navigation, Columbia and Lower privilege. SEC. 4002. COLUMBIA RIVER, PLATTE RIVER, AND ARKANSAS RIVER. Willamette Rivers below Vancouver, Wash- (E) PROCUREMENT OF TEMPORARY AND (a) ECOSYSTEM RESTORATION.—Section ington and Portland, Oregon, authorized by INTERMITTENT SERVICES.—The Chairperson of 536(g) of the Water Resources Development section 101 of the River and Harbor Act of the Committee may procure temporary and Act of 2000 (Public Law 106–541; 114 Stat. 2662; 1962 (Public Law 87–874; 76 Stat. 1177) to ad- intermittent services under section 3109(b) of 128 Stat. 1314) is amended by striking dress safety risks. title 5, United States Code, at rates for indi- ‘‘$50,000,000’’ and inserting ‘‘$75,000,000’’. SEC. 4003. MISSOURI RIVER. viduals that do not exceed the daily equiva- (b) WATERCRAFT INSPECTION STATIONS.— (a) RESERVOIR SEDIMENT MANAGEMENT.— lent of the annual rate of basic pay pre- Section 104 of the River and Harbor Act of (1) DEFINITION OF SEDIMENT MANAGEMENT scribed for level V of the Executive Schedule 1958 (33 U.S.C. 610) is amended— PLAN.—In this subsection, the term ‘‘sedi- under section 5316 of that title. (1) by striking subsection (b) and inserting ment management plan’’ means a plan for (5) TERMINATION OF THE COMMITTEE.—The the following: preventing sediment from reducing water Committee shall terminate 90 days after the ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— storage capacity at a reservoir and increas- date on which the Committee submits the re- ‘‘(1) IN GENERAL.—There are authorized to ing water storage capacity through sediment port under paragraph (2)(C). be appropriated such sums as are necessary, removal at a reservoir. (6) FUNDING.—Of the amounts authorized to but not more than $65,000,000, to carry out (2) UPPER MISSOURI RIVER BASIN PILOT PRO- be expended from either Fund, $1,000,000 shall this section for each fiscal year, of which— GRAM.—The Secretary shall carry out a pilot be made available from either Fund during ‘‘(A) $20,000,000 shall be made available to program for the development and implemen- fiscal year 2017 to carry out this subsection, carry out subsection (d)(1)(A)(i); and tation of sediment management plans for to remain available until expended. ‘‘(B) $25,000,000 shall be made available to reservoirs owned and operated by the Sec- (e) INDIAN DAM SURVEYS.— carry out clauses (ii) and (iii) of subsection retary in the Upper Missouri River Basin, on (1) TRIBAL REPORTS.—The Secretary shall (d)(1)(A). request by project beneficiaries. request that, not less frequently than once ‘‘(2) ALLOCATION.—Any funds made avail- (3) PLAN ELEMENTS.—A sediment manage- every 180 days, each Indian tribe submit to able under paragraph (1) that are employed ment plan under paragraph (2) shall— the Secretary a report providing an inven- for control operations shall be allocated by (A) provide opportunities for project bene- tory of the dams located on the land of the the Chief of Engineers on a priority basis, ficiaries and other stakeholders to partici- Indian tribe. based on— pate in sediment management decisions;

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(B) evaluate the volume of sediment in a (2) universities; (c) STUDY COMPONENTS.—In carrying out reservoir and impacts on storage capacity; (3) Federal, State, and local agencies; and the study under subsection (a), the Secretary (C) identify preliminary sediment manage- (4) private organizations. shall— ment options, including sediment dikes and (c) PILOT PROGRAM.— (1) as appropriate, coordinate with the dredging; (1) AUTHORIZATION.—In addition to the heads of other appropriate Federal agencies, (D) identify constraints; funding authorized under section 205 of the the Governors of the States within the Upper (E) assess technical feasibility, economic Flood Control Act of 1948 (33 U.S.C. 701s), the Mississippi and Illinois River basins, the ap- justification, and environmental impacts; Secretary is authorized to expend $30,000,000 propriate levee and drainage districts, non- (F) identify beneficial uses for sediment; to carry out pilot projects to demonstrate profit organizations, and other interested and technologies and designs developed in ac- parties; (G) to the maximum extent practicable, cordance with this section. (2) recommend projects for reconstruction use, develop, and demonstrate innovative, (2) PRIORITY.—In carrying out pilot of existing levee systems so as to develop cost-saving technologies, including struc- projects under paragraph (1), the Secretary and maintain a comprehensive system for tural and nonstructural technologies and de- shall give priority to projects in the Upper flood risk reduction and floodplain manage- signs, to manage sediment. Missouri River Basin. ment; (4) COST SHARE.—The beneficiaries request- (3) SUNSET.—The pilot program under this (3) perform a systemic analysis of critical ing the plan shall share in the cost of devel- subsection shall terminate on December 31, transportation systems to determine the fea- opment and implementation of a sediment 2026. sibility of protecting river approaches for management plan allocated in accordance SEC. 4006. CHESAPEAKE BAY OYSTER RESTORA- land-based systems, highways, and railroads; with the benefits to be received. TION. (4) develop a basin-wide hydrologic model (5) CONTRIBUTED FUNDS.—The Secretary Section 704(b)(1) of the Water Resources for the Upper Mississippi River System and may accept funds from non-Federal interests Development Act of 1986 (33 U.S.C. 2263(b)(1)) update as changes occur and new data is and other Federal agencies to develop and is amended by striking ‘‘$60,000,000’’ and in- available; and implement a sediment management plan serting ‘‘$100,000,000’’. (5) use, to the maximum extent prac- under this subsection. SEC. 4007. NORTH ATLANTIC COASTAL REGION. ticable, any existing plans and data. (6) GUIDANCE.—The Secretary shall use the Section 4009 of the Water Resources Re- (d) BASIS FOR RECOMMENDATIONS.—In rec- knowledge gained through the development form and Development Act of 2014 (Public ommending a project under subsection (c)(2), and implementation of sediment manage- Law 113–121; 128 Stat. 1316) is amended— the Secretary may justify the project based ment plans under paragraph (2) to develop (1) in subsection (a), by striking ‘‘conduct on system-wide benefits. guidance for sediment management at other a study to determine the feasibility of car- SEC. 4011. SALTON SEA, CALIFORNIA. reservoirs. rying out projects’’ and inserting ‘‘develop a Section 3032 of the Water Resources Devel- (7) PARTNERSHIP WITH SECRETARY OF THE IN- comprehensive assessment and management opment Act of 2007 (Public Law 110–114; 121 TERIOR.— plan at Federal expense’’; Stat. 1113) is amended— (A) IN GENERAL.—The Secretary shall carry (2) in subsection (b), by striking the sub- (1) in the section heading, by inserting out the pilot program established under this section designation and heading and all that ‘‘PROGRAM’’ after ‘‘RESTORATION’’; subsection in partnership with the Secretary follows through ‘‘In carrying out the study’’ (2) in subsection (b)— of the Interior, and the program may apply and inserting the following: (A) in the subsection heading, by striking to reservoirs managed or owned by the Bu- ‘‘(b) ASSESSMENT AND MANAGEMENT PLAN.— ‘‘PILOT PROJECTS’’ and inserting ‘‘PROGRAM’’; reau of Reclamation on execution of a In developing the comprehensive assessment (B) in paragraph (1)— memorandum of agreement between the Sec- and management plan’’; and (i) by redesignating subparagraphs (A) and retary and the Secretary of the Interior es- (3) in subsection (c)(1), in the matter pre- (B) as subparagraphs (B) and (C), respec- tablishing the framework for a partnership ceding subparagraph (A), by striking ‘‘identi- tively; and the terms and conditions for sharing ex- fied in the study pursuant to subsection (a)’’ (ii) by inserting before subparagraph (B) pertise and resources. and inserting ‘‘identified in the comprehen- (as redesignated) the following: (B) LEAD AGENCY.—The Secretary that has sive assessment and management plan under ‘‘(A) ESTABLISHMENT.—The Secretary shall primary jurisdiction over the reservoir shall this section’’. carry out a program to implement projects take the lead in developing and imple- SEC. 4008. RIO GRANDE. to restore the Salton Sea in accordance with menting a sediment management plan for Section 5056(f) of the Water Resources De- this section.’’; that reservoir. velopment Act of 2007 (Public Law 110–114; (iii) in subparagraph (B) (as redesignated (8) OTHER AUTHORITIES NOT AFFECTED.— 121 Stat. 1214; 128 Stat. 1315) is amended by by clause (i)), by striking ‘‘the pilot’’; and Nothing in this subsection affects sediment striking ‘‘2019’’ and inserting ‘‘2024’’. (iv) in subparagraph (C) (as redesignated by management or the share of costs paid by SEC. 4009. TEXAS COASTAL AREA. clause (i))— Federal and non-Federal interests relating to In carrying out the Coastal Texas eco- (I) in clause (i), in the matter preceding sediment management under any other pro- system protection and restoration study au- subclause (I), by striking ‘‘the pilot projects vision of law (including regulations). thorized by section 4091 of the Water Re- referred to in subparagraph (A)’’ and insert- (b) SNOWPACK AND DROUGHT MONITORING.— sources Development Act of 2007 (Public Law ing ‘‘the projects referred to in subparagraph Section 4003(a) of the Water Resources Re- 110–114; 121 Stat. 1187), the Secretary shall (B)’’; form and Development Act of 2014 (Public consider studies, data, or information devel- (II) in subclause (I), by inserting ‘‘, Salton Law 113–121; 128 Stat. 1311) is amended by oped by the Gulf Coast Community Protec- Sea Authority, or other non-Federal inter- adding at the end the following: tion and Recovery District to expedite com- est’’ before the semicolon at the end; and ‘‘(5) LEAD AGENCY.—The Corps of Engineers pletion of the study. (III) in subclause (II), by striking ‘‘pilot’’; shall be the lead agency for carrying out and (C) in paragraph (2), in the matter pre- coordinating the activities described in para- SEC. 4010. UPPER MISSISSIPPI AND ILLINOIS RIV- ERS FLOOD RISK MANAGEMENT. ceding subparagraph (A), by striking ‘‘pilot’’; graph (1).’’. (a) IN GENERAL.—The Secretary shall con- and SEC. 4004. PUGET SOUND NEARSHORE ECO- duct a study at Federal expense to determine (D) in paragraph (3)— SYSTEM RESTORATION. the feasibility of carrying out projects to ad- (i) by striking ‘‘pilot’’ each place it ap- Section 544(f) of the Water Resources De- pears; and velopment Act of 2000 (Public Law 106–541; dress systemic flood damage reduction in the upper Mississippi and Illinois River basins. (ii) by inserting ‘‘, Salton Sea Authority, 114 Stat. 2675) is amended by striking or other non-Federal interest’’ after ‘‘State’’; ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. (b) PURPOSE.—The purposes of the study under subsection (a) are— and SEC. 4005. ICE JAM PREVENTION AND MITIGA- (3) in subsection (c), by striking ‘‘pilot’’. TION. (1) to develop an integrated, comprehen- SEC. 4012. ADJUSTMENT. (a) IN GENERAL.—The Secretary may carry sive, and systems-based approach to mini- out projects under section 205 of the Flood mize the threat to health and safety result- Section 219(f)(25) of the Water Resources Control Act of 1948 (33 U.S.C. 701s), including ing from flooding by using structural and Development Act of 1992 (Public Law 102–580; planning, design, construction, and moni- nonstructural flood risk management meas- 113 Stat. 336) is amended— toring of structural and nonstructural tech- ures; (1) by inserting ‘‘Berkeley’’ before ‘‘Cal- nologies and measures for preventing and (2) to reduce damages and costs associated houn’’; and mitigating flood damages associated with ice with flooding; (2) by striking ‘‘Orangeberg, and Sumter’’ jams. (3) to identify opportunities to support en- and inserting ‘‘and Orangeberg’’. (b) INCLUSION.—The projects described in vironmental sustainability and restoration SEC. 4013. COASTAL RESILIENCY. subsection (a) may include the development goals of the Upper Mississippi River and Illi- (a) IN GENERAL.—Section 4014(b) of the and demonstration of cost-effective tech- nois River floodplain as part of any systemic Water Resources Reform and Development nologies and designs developed in consulta- flood risk management plan; and Act of 2014 (33 U.S.C. 2803a(b)) is amended— tion with— (4) to seek opportunities to address, in con- (1) in paragraph (1), by inserting ‘‘Indian (1) the Cold Regions Research and Engi- cert with flood risk management measures, tribes,’’ after ‘‘nonprofit organizations,’’; neering Laboratory of the Corps of Engi- other floodplain specific problems, needs, (2) by redesignating paragraphs (3) and (4) neers; and opportunities. as paragraphs (4) and (5), respectively; and

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.027 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5537 (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- (b) REQUIREMENT.—In developing projects ing to shoreline restoration, tidal marsh res- logical, social, economic, and other factors for coastal risk reduction, the Secretary toration, dunal habitats to protect coastal in carrying out the assessment. shall consider, as appropriate— infrastructure, reduction of future and exist- (c) REPORTS.—The Secretary shall submit (1) natural features; ing emergency repair costs, and projects that to the Committee on Environment and Pub- (2) nature-based features; use dredged materials;’’. lic Works of the Senate and the Committee (3) nonstructural measures; and (b) INTERAGENCY COORDINATION ON COASTAL on Transportation and Infrastructure of the (4) structural measures. RESILIENCE.— House of Representatives all reports and rec- (c) REPORT TO CONGRESS.— (1) IN GENERAL.—The Secretary shall con- ommendations prepared under this section, (1) IN GENERAL.—Not later than February 1, vene an interagency working group on resil- together with any necessary supporting doc- 2020, the Secretary shall submit to the Com- ience to extreme weather, which will coordi- umentation. mittee on Environment and Public Works of nate research, data, and Federal investments SEC. 4015. SOUTH ATLANTIC COASTAL STUDY. the Senate and the Committee on Transpor- related to sea level rise, resiliency, and vul- (a) IN GENERAL.—The Secretary shall con- tation and Infrastructure of the House of nerability to extreme weather, including duct a study of the coastal areas located Representatives a report on the implementa- coastal resilience. within the geographical boundaries of the tion of subsection (b). (2) CONSULTATION.—The interagency work- South Atlantic Division of the Corps of Engi- (2) CONTENTS.—The report under paragraph ing group convened under paragraph (1) neers to identify the risks and (1) shall include, at a minimum, the fol- shall— vulnerabilities of those areas to increased lowing: (A) participate in any activity carried out hurricane and storm damage as a result of (A) A description of guidance or instruc- by an organization authorized by a State to sea level rise. tions issued, and other measures taken, by study and issue recommendations on how to (b) REQUIREMENTS.—In carrying out the the Secretary and the Chief of Engineers to address the impacts on Federal assets of re- study under subsection (a), the Secretary implement subsection (b). current flooding and sea level rise, including shall— (B) An assessment of the costs, benefits, providing consultation regarding policies, (1) conduct a comprehensive analysis of impacts, and trade-offs associated with programs, studies, plans, and best practices current hurricane and storm damage reduc- measures recommended by the Secretary for relating to recurrent flooding and sea level tion measures with an emphasis on regional coastal risk reduction and the effectiveness rise in areas with significant Federal assets; sediment management practices to of those measures. and sustainably maintain or enhance current lev- (C) A description of any statutory, fiscal, (B) share physical, biological, and socio- els of storm protection; or regulatory barriers to the appropriate economic data among such State organiza- (2) identify risks and coastal consideration and use of a full array of meas- tions, as appropriate. vulnerabilities in the areas affected by sea ures for coastal risk reduction. SEC. 4014. REGIONAL INTERGOVERNMENTAL level rise; SEC. 4018. WATERFRONT COMMUNITY REVITAL- COLLABORATION ON COASTAL RE- (3) recommend measures to address the IZATION AND RESILIENCY. SILIENCE. vulnerabilities described in paragraph (2); (a) FINDINGS.—Congress finds that— (a) REGIONAL ASSESSMENTS.— and (1) many communities in the United States (1) IN GENERAL.—The Secretary may con- (4) develop a long-term strategy for— were developed along waterfronts; duct regional assessments of coastal and (A) addressing increased hurricane and (2) water proximity and access is a recog- back bay protection and of Federal and State storm damages that result from rising sea nized economic driver; policies and programs related to coastal levels; and (3) water shortages faced by parts of the water resources, including— (B) identifying opportunities to enhance United States underscore the need to man- (A) an assessment of the probability and resiliency, increase sustainability, and lower age water sustainably and restore water the extent of coastal flooding and erosion, risks in— quality; including back bay and estuarine flooding; (i) populated areas; (4) interest in waterfront revitalization (B) recommendations for policies and other (ii) areas of concentrated economic devel- and development has grown, while the cir- measures related to regional Federal, State, opment; and cumstances driving waterfront development local, and private participation in shoreline (iii) areas with vulnerable environmental have changed; and back-bay protection projects; resources. (5) waterfront communities face challenges (C) an evaluation of the performance of ex- (c) CONSULTATION.—The Secretary shall co- to revitalizing and leveraging water re- isting Federal coastal storm damage reduc- ordinate, as appropriate, with the heads of sources, such as outdated development pat- tion, ecosystem restoration, and navigation other Federal departments and agencies, the terns, deteriorated water infrastructure, in- projects, including recommendations for the Governors of the affected States, regional dustrial contamination of soil and sediment, improvement of those projects; governmental agencies, and units of local and lack of public access to the waterfront, (D) an assessment of the value and impacts government to address coastal impacts re- which are often compounded by overarching of implementation of regional, systems- sulting from sea level rise. economic distress in the community; based, watershed-based, and interstate ap- (d) REPORT.—Not later than 4 years after (6) public investment in waterfront com- proaches if practicable; the date of enactment of this Act, the Sec- munity development and infrastructure (E) recommendations for the demonstra- retary shall submit to the Committee on En- should reflect changing ecosystem condi- tion of methodologies for resilience through vironment and Public Works of the Senate tions and extreme weather projections to en- the use of natural and nature-based infra- and the Committee on Transportation and sure strategic, resilient investments; structure approaches, as appropriate; and Infrastructure of the House of Representa- (7) individual communities have unique (F) recommendations regarding alternative tives a report recommending specific and de- priorities, concerns, and opportunities re- sources of funding for new and existing tailed actions to address risks and lated to waterfront restoration and commu- projects. vulnerabilities of the areas described in sub- nity revitalization; and (2) COOPERATION.—In carrying out para- section (a) to increased hurricane and storm (8) the Secretary of Commerce has unique graph (1), the Secretary shall cooperate damage as a result of sea level rise. expertise in Great Lakes and ocean coastal with— SEC. 4016. KANAWHA RIVER BASIN. resiliency and economic development. (A) heads of appropriate Federal agencies; The Secretary shall conduct studies to de- (b) DEFINITIONS.—In this section: (B) States that have approved coastal man- termine the feasibility of implementing (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ agement programs and appropriate agencies projects for flood risk management, eco- has the meaning given the term in section 4 of those States; system restoration, navigation, water sup- of the Indian Self-Determination and Edu- (C) local governments; and ply, recreation, and other water resource re- cation Assistance Act (25 U.S.C. 5304). (D) the private sector. lated purposes within the Kanawha River (2) RESILIENT WATERFRONT COMMUNITY.— (b) STREAMLINING.—In carrying out this Basin, West Virginia, Virginia, and North The term ‘‘resilient waterfront community’’ section, the Secretary shall— Carolina. means a unit of local government or Indian (1) to the maximum extent practicable, use SEC. 4017. CONSIDERATION OF FULL ARRAY OF tribe that is— existing research done by Federal, State, re- MEASURES FOR COASTAL RISK RE- (A)(i) bound in part by— gional, local, and private entities to elimi- DUCTION. (I) a Great Lake; or nate redundancies and related costs; (a) DEFINITIONS.—In this section: (II) an ocean; or (2) receive from any of the entities de- (1) NATURAL FEATURE.—The term ‘‘natural (ii) bordered or traversed by a riverfront or scribed in subsection (a)(2)— feature’’ means a feature that is created an inland lake; (A) contributed funds; or through the action of physical, geological, (B) self-nominated as a resilient water- (B) research that may be eligible for credit biological, and chemical processes over time. front community; and as work-in-kind under applicable Federal (2) NATURE-BASED FEATURE.—The term ‘‘na- (C) designated by the Secretary as a resil- law; and ture-based feature’’ means a feature that is ient waterfront community on the basis of

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.027 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5538 CONGRESSIONAL RECORD — SENATE September 12, 2016 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- (C) as a new document or by amending or vate investment, the Secretary may use ex- wise collaborate with a non-Federal imple- compiling community planning documents, isting authority to support— mentation partner, including— as necessary, at the discretion of the Sec- (A) the development of a resilient water- (I) a nonprofit organization; retary; front community plan, including planning (II) a public utility; (D) in consideration of all applicable Fed- and feasibility analysis; and (III) a private entity; eral and State coastal zone management (B) the implementation of strategic com- (IV) an institution of higher education; planning requirements; ponents of a resilient waterfront community (V) a State government; or (E) to address economic competitive plan after the resilient waterfront commu- (VI) a regional organization. strengths; and nity plan has been approved by the Sec- (ii) LEAD NON-FEDERAL PARTNER RESPONSI- (F) to complement and incorporate the ob- retary. BILITY.—The lead non-Federal partner shall jectives and recommendations of applicable (2) NON-FEDERAL PARTNERS.— ensure that assistance and resources re- regional economic plans. (A) LEAD NON-FEDERAL PARTNERS.—A unit ceived by the lead non-Federal partner to ad- (3) COMPONENTS OF A RESILIENT WATER- of local government or an Indian tribe shall vance the resilient waterfront community FRONT COMMUNITY PLAN.—A resilient water- be eligible to be considered as a lead non- plan of the lead non-Federal partner and for front community plan shall— Federal partner if the unit of local govern- related activities are used for the purposes (A) consider all, or a portion of, the water- ment or Indian tribe is— of, and in a manner consistent with, any ini- front area and adjacent land and water to (i) bound in part by— tiative advanced by the Secretary for the which the waterfront is connected eco- (I) a Great Lake; or purpose of promoting waterfront community logically, economically, or through local (II) an ocean; or revitalization and resiliency. governmental or tribal boundaries; (ii) bordered or traversed by a riverfront or (5) USE OF NON-FEDERAL RESOURCES.— (B) describe a vision and plan for the com- an inland lake. (A) IN GENERAL.—A resilient waterfront munity to develop as a vital and resilient (B) NON-FEDERAL IMPLEMENTATION PART- community receiving assistance under this waterfront community, integrating consider- NERS.—Subject to paragraph (4)(C), a lead subsection shall provide non-Federal funds ation of— non-Federal partner may contract with an toward completion of planning or implemen- (i) the economic opportunities resulting eligible non-Federal implementation partner tation activities. from water proximity and access, including— for implementation activities described in (B) NON-FEDERAL RESOURCES.—Non-Federal (I) water-dependent industries; paragraph (4)(B). funds may be provided by— (II) water-oriented commerce; and (3) PLANNING ACTIVITIES.— (i) 1 or more units of local or tribal govern- (III) recreation and tourism; (A) IN GENERAL.—Technical assistance may ment; (ii) the community relationship to the be provided for the development of a resil- (ii) a State government; water, including— ient waterfront community plan. (iii) a nonprofit organization; (I) quality of life; (B) ELIGIBLE PLANNING ACTIVITIES.—In de- (iv) a private entity; (II) public health; veloping a resilient waterfront community (v) a foundation; (III) community heritage; and plan, a resilient waterfront community (vi) a public utility; or (IV) public access, particularly in areas in may— (vii) a regional organization. which publicly funded ecosystem restoration (i) conduct community visioning and out- (f) INTERAGENCY AWARENESS.—At regular is underway; reach; intervals, the Secretary shall provide a list (iii) ecosystem challenges and projections, (ii) identify challenges and opportunities; of resilient waterfront communities to the including unresolved and emerging impacts (iii) develop strategies and solutions; applicable States and the heads of national to the health and safety of the waterfront (iv) prepare plan materials, including text, and regional offices of interested Federal and projections for extreme weather and maps, design, and preliminary engineering; agencies, including at a minimum— water conditions; (v) collaborate across local agencies and (1) the Secretary of Transportation; (iv) infrastructure needs and opportunities, work with regional, State, and Federal agen- (2) the Secretary of Agriculture; to facilitate strategic and sustainable cap- cies to identify, understand, and develop re- (3) the Administrator of the Environ- ital investments in— sponses to changing ecosystem and economic mental Protection Agency; (I) docks, piers, and harbor facilities; circumstances; and (4) the Administrator of the Federal Emer- (II) protection against storm surges, (vi) conduct other planning activities that gency Management Agency; waves, and flooding; the Secretary considers necessary for the de- (5) the Assistant Secretary of the Army for (III) stormwater, sanitary sewer, and velopment of a resilient waterfront commu- Civil Works; drinking water systems, including green in- nity plan that responds to revitalization and (6) the Secretary of the Interior; and

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.027 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5539 (7) the Secretary of Housing and Urban De- in effect on the day before the date of enact- (A) disposed of consistent with paragraph velopment. ment of the Water Resources Reform and De- (2); and (g) NO NEW REGULATORY AUTHORITY.— velopment Act of 2014). (B) subject to such terms and conditions as Nothing in this section may be construed as TITLE V—DEAUTHORIZATIONS the Secretary determines to be necessary establishing new authority for any Federal SEC. 5001. DEAUTHORIZATIONS. and appropriate in the public interest. agency. (a) VALDEZ, ALASKA.— (2) DISPOSITION.— (h) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—Subject to paragraph (2), (A) GREEN RIVER LOCK AND DAM 3.—The Sec- 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 $50,000,000 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, together with any improvements on the Secretary of the Treasury shall transfer to (2) ENTRY BY FEDERAL GOVERNMENT.—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- retary shall convey to Butler County, Ken- SEC. 4019. TABLE ROCK LAKE, ARKANSAS AND any required operation and maintenance of tucky, all right, title, and interest of the MISSOURI. the general navigation features of the United States in and to Green River Lock (a) IN GENERAL.—Notwithstanding any project described in paragraph (1). and Dam 4, located in Butler County, Ken- other provision of law, the Secretary— (b) RED RIVER BELOW DENISON DAM, ARKAN- (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’’ N organization all right, title, and interest of 2-year period beginning on the date of enact- ., by long. 93°46’16.82’’ W., and ends at lat. 32° the United States in and to Green River ment of this Act. 31’22.79’’ N., by long. 93° 45’ 2.47’’ W., is no Lock and Dam 5 for the express purposes of— (i) removing the structure from the river (b) SHORELINE USE PERMITS.—During the longer authorized beginning on the date of 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. (D) GREEN RIVER LOCK AND DAM 6.— existing Table Rock Lake Master Plan and ment reflected in the report of the Chief of (i) IN GENERAL.—The Secretary shall trans- Table Rock Lake Shoreline Management Engineers dated March 12, 2014, and author- fer to the Secretary of the Interior adminis- Plan. ized for construction under section 7002(2)(8) trative jurisdiction over the portion of Green (c) OVERSIGHT COMMITTEE.— of the Water Resources Reform and Develop- River Lock and Dam 6, Edmonson County, (1) IN GENERAL.—Not later than 120 days ment Act of 2014 (Public Law 113–121; 128 Kentucky, that is located on the left de- after the date of enactment of this Act, the Stat. 1366) is no longer authorized beginning scending bank of the Green River, together Secretary shall establish an oversight com- on the date of enactment of this Act. with any improvements on the land, for in- mittee (referred to in this subsection as the (2) SAVINGS PROVISIONS.—The deauthoriza- clusion in Mammoth Cave National Park. ‘‘Committee’’). tion under paragraph (1) does not affect— (ii) TRANSFER TO THE STATE OF KENTUCKY.— URPOSES.—The purposes of the Com- (A) the national economic development (2) P The Secretary shall transfer to the State of mittee shall be— plan separable element reflected in the re- port of the Chief of Engineers dated March Kentucky all right, title, and interest of the (A) to review any permit to be issued under United States in and to the portion of Green the existing Table Rock Lake Master Plan at 12, 2014, and authorized for construction under section 7002(2)(8) of the Water Re- River Lock and Dam 6, Edmonson County, the recommendation of the District Engi- Kentucky, that is located on the right de- neer; and sources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1366); or scending bank of the Green River, together (B) to advise the District Engineer on revi- with any improvements on the land, for use sions to the new Table Rock Lake Master (B) previous authorizations providing for the Sacramento River and major and minor by the Department of Fish and Wildlife Re- Plan and Table Rock Lake Shoreline Man- sources of the State of Kentucky for the pur- agement Plan. tributaries project, including— (i) section 2 of the Act of March 1, 1917 (39 poses of— (3) MEMBERSHIP.—Membership in the Com- (I) removing the structure from the river Stat. 949; chapter 144); mittee shall not exceed 6 members and shall at the earliest feasible time; and (ii) section 12 of the Act of December 22, include— (II) making the land available for con- 1944 (58 Stat. 900; chapter 665); (A) not more than 1 representative each servation and public recreation, including (iii) section 204 of the Flood Control Act of from the State of Missouri and the State of river access. 1950 (64 Stat. 177; chapter 188); and Arkansas; (E) BARREN RIVER LOCK AND DAM 1.—The (iv) any other Acts relating to the author- (B) not more than 1 representative each Secretary shall convey to the State of Ken- ization for the Sacramento River and major from local economic development organiza- tucky, all right, title, and interest of the and minor tributaries project along the tions with jurisdiction over Table Rock United States in and to Barren River Lock Feather River right bank between levee sta- Lake; and and Dam 1, located in Warren County, Ken- tioning 1483+33 and levee stationing 2368+00. (C) not more than 1 representative each tucky, together with any improvements on (d) STONINGTON HARBOR, CONNECTICUT.— representing the boating and conservation the land, for use by the Department of Fish interests of Table Rock Lake. The portion of the project for navigation, Stonington Harbor, Connecticut, authorized and Wildlife Resources of the State of Ken- (4) STUDY.—The Secretary shall— tucky for the purposes of— (A) carry out a study on the need to revise by the Act of May 23, 1828 (4 Stat. 288; chap- ter 73) that consists of the inner stone break- (i) removing the structure from the river permit fees relating to Table Rock Lake to water that begins at coordinates N. at the earliest feasible time; and better reflect the cost of issuing those fees 682,146.42, E. 1231,378.69, running north 83.587 (ii) making the land available for conserva- and achieve cost savings; degrees west 166.79’ to a point N. 682,165.05, E. tion and public recreation, including river (B) submit to Congress a report on the re- 1,231,212.94, running north 69.209 degrees west access. sults of the study described in subparagraph 380.89’ to a point N. 682,300.25, E. 1,230,856.86, (3) CONDITIONS.— (A); and is no longer authorized as a Federal project (A) IN GENERAL.—The exact acreage and (C) begin implementation of the new per- beginning on the date of enactment of this legal description of any land to be disposed mit fee structure based on the findings of the Act. of, transferred, or conveyed under this sub- study described in subparagraph (A). (e) GREEN RIVER AND BARREN RIVER, KEN- section shall be determined by a survey sat- SEC. 4020. PEARL RIVER BASIN, MISSISSIPPI. TUCKY.— isfactory to the Secretary. The Secretary shall expedite review and (1) IN GENERAL.—Beginning on the date of (B) QUITCLAIM DEED.—A conveyance under decision on the recommendation for the enactment of this Act, commercial naviga- subparagraph (A), (B), (D), or (E) of para- project for flood damage reduction author- tion at the locks and dams identified in the graph (2) shall be accomplished by quitclaim ized by section 401(e)(3) of the Water Re- report of the Chief of Engineers entitled deed and without consideration. sources Development Act of 1986 (100 Stat. ‘‘Green River Locks and Dams 3, 4, 5, and 6 (C) ADMINISTRATIVE COSTS.—The Secretary 4132), as amended by section 3104 of the and Barren River Lock and Dam 1, Ken- shall be responsible for all administrative Water Resources Development Act of 2007 tucky’’ and dated April 30, 2015, shall no costs associated with a transfer or convey- (121 Stat. 1134), submitted to the Secretary longer be authorized, and the land and im- ance under this subsection, including the under section 211 of the Water Resources De- provements associated with the locks and costs of a survey carried out under subpara- velopment Act of 1996 (33 U.S.C. 701b–13) (as dams shall be— graph (A).

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(D) REVERSION.—If the Secretary deter- sissippi River, Hannibal, Missouri, author- 27-35, 35.5, 36, 37, 38, 39, 49, 51-52, 53-57, 58-65, mines that the land transferred or conveyed ized by section 101 of the River and Harbor 66, 67, 69, 70-72, and Rivercenter. under this subsection is not used by a non- Act of 1950 (Public Law 81–516; 64 Stat. 166, (2) DETERMINATION.—The Secretary shall Federal entity for a purpose that is con- chapter 188), is no longer authorized begin- make the determination under paragraph (1) sistent with the purpose of the transfer or ning on the date of enactment of this Act, separately for each portion of the Delaware conveyance, all right, title, and interest in and any maintenance requirements associ- River described in subparagraphs (A) and (B) and to the land, including any improvements ated with the project are terminated. of paragraph (1), using reasonable discretion, on the land, shall revert, at the discretion of (h) PORT OF CASCADE LOCKS, OREGON.— by not later than 150 days after the date of the Secretary, to the United States, and the (1) TERMINATION OF PORTIONS OF EXISTING submission of appropriate plans for that por- United States shall have the right of imme- FLOWAGE EASEMENT.— tion. diate entry onto the land. (A) DEFINITION OF FLOWAGE EASEMENT.—In (3) LIMITS ON APPLICABILITY.— (f) ESSEX RIVER, MASSACHUSETTS.— this paragraph, the term ‘‘flowage ease- (A) IN GENERAL.—Paragraph (1) applies (1) IN GENERAL.—The portions of the ment’’ means the flowage easements identi- only to those parts of the areas described in project for navigation, Essex River, Massa- fied as tracts 302E-1 and 304E-1 on the ease- that paragraph that are or will be bulk- chusetts, authorized by the first section of ment deeds recorded as instruments in Hood headed and filled or otherwise occupied by the Act of July 13, 1892 (27 Stat. 96, chapter River County, Oregon, as follows: permanent structures, including marina and 158), and modified by the first section of the (i) A flowage easement dated October 3, recreation facilities. Act of March 3, 1899 (30 Stat. 1133, chapter 1936, recorded December 1, 1936, book 25 at (B) OTHER FEDERAL LAWS.—Any work de- 425), and the first section of the Act of March page 531 (records of Hood River County, Or- scribed in subparagraph (A) shall be subject 2, 1907 (34 Stat. 1075, chapter 2509), that do egon), in favor of United States (302E-1-Per- to all applicable Federal law (including regu- not lie within the areas described in para- petual Flowage Easement from October 5, lations), including— graph (2) are no longer authorized beginning 1937, October 5, 1936, and October 3, 1936) (pre- (i) sections 9 and 10 of the Act of March 3, on the date of enactment of this Act. viously acquired as tracts OH-36 and OH-41 1899 (commonly known as the ‘‘River and (2) AREAS DESCRIBED.—The areas described and a portion of tract OH-47). Harbors Appropriation Act of 1899’’) (33 in this paragraph are— (ii) A flowage easement recorded October U.S.C. 401, 403); (A) beginning at a point N. 3056139.82, E. (ii) section 404 of the Federal Water Pollu- 17, 1936, book 25 at page 476 (records of Hood 851780.21; tion Control Act (33 U.S.C. 1344); and River County, Oregon), in favor of the United (B) running southwesterly about 156.88 feet (iii) the National Environmental Policy States, that affects that portion below the to a point N. 3055997.75, E. 851713.67; Act of 1969 (42 U.S.C. 4321 et seq.). 94-foot contour line above main sea level (304 (C) running southwesterly about 64.59 feet (j) SALT CREEK, GRAHAM, TEXAS.— E-1-Perpetual Flowage Easement from Au- to a point N. 3055959.37, E. 851661.72; (1) IN GENERAL.—The project for flood con- (D) running southwesterly about 145.14 feet gust 10, 1937 and October 3, 1936) (previously trol, environmental restoration, and recre- to a point N. 3055887.10, E. 851535.85; acquired as tract OH-42 and a portion of ation, Salt Creek, Graham, Texas, author- (E) running southwesterly about 204.91 feet tract OH-47). ized by section 101(a)(30) of the Water Re- to a point N. 3055855.12, E. 851333.45; (B) TERMINATION.—With respect to the sources Development Act of 1999 (Public Law (F) running northwesterly about 423.50 feet properties described in paragraph (2), begin- 106–53; 113 Stat. 278-279), is no longer author- to a point N. 3055976.70, E. 850927.78; ning on the date of enactment of this Act, ized as a Federal project beginning on the (G) running northwesterly about 58.77 feet the flowage easements are terminated above date of enactment of this Act. to a point N. 3056002.99, E. 850875.21; elevation 82.4 feet (NGVD29), the ordinary (2) CERTAIN PROJECT-RELATED CLAIMS.—The (H) running northwesterly about 240.57 feet high water mark. non-Federal sponsor for the project described to a point N. 3056232.82, E. 850804.14; (2) AFFECTED PROPERTIES.—The properties in paragraph (1) shall hold and save the (I) running northwesterly about 203.60 feet described in this paragraph, as recorded in United States harmless from any claim that to a point N. 3056435.41, E. 850783.93; Hood River, County, Oregon, are as follows: has arisen, or that may arise, in connection (J) running northwesterly about 78.63 feet (A) Lots 3, 4, 5, and 7 of the ‘‘Port of Cas- with the project. to a point N. 3056499.63, E. 850738.56; cade Locks Business Park’’ subdivision, in- (3) TRANSFER.—The Secretary is authorized (K) running northwesterly about 60.00 feet strument #2014-00436. to transfer any land acquired by the Federal to a point N. 3056526.30, E. 850684.81; (B) Parcels 1, 2, and 3 of Hood River County Government for the project on behalf of the (L) running southwesterly about 85.56 feet Partition plat No. 2008-25P. non-Federal sponsor that remains in Federal to a point N. 3056523.33, E. 850599.31; (3) FEDERAL LIABILITIES; CULTURAL, ENVI- ownership on or after the date of enactment (M) running southwesterly about 36.20 feet RONMENTAL, OTHER REGULATORY REVIEWS.— of this Act to the non-Federal sponsor. to a point N. 3056512.37, E. 850564.81; (A) FEDERAL LIABILITY.—The United States (4) REVERSION.—If the Secretary deter- (N) running southwesterly about 80.10 feet shall not be liable for any injury caused by mines that the land that is integral to the to a point N. 3056467.08, E. 850498.74; the termination of the easement under this project described in paragraph (1) ceases to (O) running southwesterly about 169.05 feet subsection. be owned by the public, all right, title, and to a point N. 3056334.36, E. 850394.03; (B) CULTURAL AND ENVIRONMENTAL REGU- interest in and to the land and improve- (P) running northwesterly about 48.52 feet LATORY ACTIONS.—Nothing in this subsection ments shall revert, at the discretion of the to a point N. 3056354.38, E. 850349.83; establishes any cultural or environmental Secretary, to the United States. (Q) running northeasterly about 83.71 feet regulation relating to the properties de- SEC. 5002. CONVEYANCES. to a point N. 3056436.35, E. 850366.84; scribed in paragraph (2). (a) PEARL RIVER, MISSISSIPPI AND LOU- (R) running northeasterly about 212.38 feet (4) EFFECT ON OTHER RIGHTS.—Nothing in ISIANA.— to a point N. 3056548.70, E. 850547.07; this subsection affects any remaining right (1) IN GENERAL.—The project for naviga- (S) running northeasterly about 47.60 feet or interest of the Corps of Engineers in the tion, Pearl River, Mississippi and Louisiana, to a point N. 3056563.12, E. 850592.43; properties described in paragraph (2). authorized by the first section of the Act of (T) running northeasterly about 101.16 feet (i) DECLARATIONS OF NON-NAVIGABILITY FOR August 30, 1935 (49 Stat. 1033, chapter 831) and to a point N. 3056566.62, E. 850693.53; PORTIONS OF THE DELAWARE RIVER, PHILA- section 101 of the River and Harbor Act of (U) running southeasterly about 80.22 feet DELPHIA, PENNSYLVANIA.— 1966 (Public Law 89–789; 80 Stat. 1405), is no to a point N. 3056530.97, E. 850765.40; (1) IN GENERAL.—Subject to paragraphs (2) longer authorized as a Federal project begin- (V) running southeasterly about 99.29 feet and (3), unless the Secretary determines, ning on the date of enactment of this Act. to a point N. 3056449.88, E. 850822.69; after consultation with local and regional (2) TRANSFER.— (W) running southeasterly about 210.12 feet public officials (including local and regional (A) IN GENERAL.—Subject to subparagraphs to a point N. 3056240.79, E. 850843.54; project planning organizations), that there (B) and (C), the Secretary is authorized to (X) running southeasterly about 219.46 feet are substantive objections, the following por- convey to a State or local interest, without to a point N. 3056031.13, E. 850908.38; tions of the Delaware River, bounded by the consideration, all right, title, and interest of (Y) running southeasterly about 38.23 feet former bulkhead and pierhead lines estab- the United States in and to— to a point N. 3056014.02, E. 850942.57; lished by the Secretary of War and succes- (i) any land in which the Federal Govern- (Z) running southeasterly about 410.93 feet sors, are declared to be non-navigable waters ment has a property interest for the project to a point N. 3055896.06, E. 851336.21; of the United States: described in paragraph (1); and (AA) running northeasterly about 188.43 (A) Piers 70 South through 38 South, en- (ii) improvements to the land described in feet to a point N. 3055925.46, E. 851522.33; compassing an area bounded by the southern clause (i). (BB) running northeasterly about 135.47 line of Moore Street extended to the north- (B) RESPONSIBILITY FOR COSTS.—The trans- feet to a point N. 3055992.91, E. 851639.80; ern line of Catherine Street extended, in- feree shall be responsible for the payment of (CC) running northeasterly about 52.15 feet cluding the following piers: Piers 70, 68, 67, all costs and administrative expenses associ- to a point N. 3056023.90, E. 851681.75; and 64, 61-63, 60, 57, 55, 46, 48, 40, and 38. ated with any transfer carried out pursuant (DD) running northeasterly about 91.57 feet (B) Piers 24 North through 72 North, en- to subparagraph (A), including costs associ- to a point N. 3056106.82, E. 851720.59. compassing an area bounded by the southern ated with any land survey required to deter- (g) HANNIBAL SMALL BOAT HARBOR, HAN- line of Callowhill Street extended to the mine the exact acreage and legal description NIBAL, MISSOURI.—The project for navigation northern line of East Fletcher Street ex- of the land and improvements to be trans- at Hannibal Small Boat Harbor on the Mis- tended, including the following piers: 24, 25, ferred.

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(C) OTHER TERMS AND CONDITIONS.—A trans- property under the administrative jurisdic- 20, 1968, and on May 9, 1985, including any fer under subparagraph (A) shall be subject tion of the Secretary acquired in connection other amendments and all related applicable to such other terms and conditions as the with the Pensacola Dam project, together contracts to the repayment contract, pro- Secretary determines to be necessary and ap- with any improvements on the property. viding for repayment of Weber Basin Project propriate to protect the interests of the (2) FLOOD CONTROL PURPOSES.—If any inter- construction costs allocated to irrigation United States. est in the real property described in para- and municipal and industrial purposes for (3) REVERSION.—If the Secretary deter- graph (1) ceases to be managed for flood con- which repayment is provided pursuant to the mines that the land and improvements con- trol or other public purposes and is conveyed repayment contract under terms and condi- veyed under paragraph (2) ceases to be owned to a non-public entity, the transferee, as tions similar to the terms and conditions by the public, all right, title, and interest in part of the conveyance, shall pay to the used in implementing the prepayment provi- and to the land and improvements shall re- United States the fair market value for the sions in section 210 of the Central Utah vert, at the discretion of the Secretary, to interest. Project Completion Act (Public Law 102–575; the United States. (3) NO EFFECT.—Nothing in this sub- 106 Stat. 4624) for prepayment of Central (b) SARDIS LAKE, MISSISSIPPI.— section— Utah Project, Bonneville Unit repayment ob- (1) IN GENERAL.—The Secretary is author- (A) amends, modifies, or repeals any exist- ligations. ized to convey to the lessee, at full fair mar- ing authority vested in the Federal Energy (2) AUTHORIZATIONS AND REQUIREMENTS.— ket value, all right, title and interest of the Regulatory Commission; or The prepayment authorized under paragraph United Sates in and to the property identi- (B) amends, modifies, or repeals any au- (1) — fied in the leases numbered DACW38-1-15-7, thority of the Secretary or the Chief of Engi- (A) shall result in the United States recov- DACW38-1-15-33, DACW38-1-15-34, and neers pursuant to section 7 of the Act of De- ering the net present value of all repayment DACW38-1-15-38, subject to such terms and cember 22, 1944 (33 U.S.C. 709). streams that would have been payable to the conditions as the Secretary determines to be (d) JOE POOL LAKE, TEXAS.—The Secretary United States if this section was not in ef- necessary and appropriate to protect the in- shall accept from the Trinity River Author- fect; terests of the United States. ity of Texas, if received by December 31, 2016, (B) may be provided in several install- (2) EASEMENT AND RESTRICTIVE COVENANT.— $31,233,401 as payment in full of amounts ments; The conveyance under paragraph (1) shall in- owed to the United States, including any ac- (C) may not be adjusted on the basis of the clude— crued interest, for the approximately 61,747.1 type of prepayment financing used by the (A) a restrictive covenant to require the acre-feet of water supply storage space in District; and approval of the Secretary for any substantial Joe Pool Lake, Texas (previously known as (D) shall be made in a manner that pro- change in the use of the property; and Lakeview Lake), for which payment has not vides that total repayment is made not later (B) a flowage easement. commenced under Article 5.a (relating to than September 30, 2026. (c) PENSACOLA DAM AND RESERVOIR, GRAND project investment costs) of contract number TITLE VI—WATER RESOURCES RIVER, OKLAHOMA.— DACW63–76–C–0106 as of the date of enact- INFRASTRUCTURE (1) IN GENERAL.—Notwithstanding the Act ment of this Act. of June 28, 1938 (52 Stat. 1215, chapter 795), as (e) WEBER BASIN PROJECT, UTAH.— SEC. 6001. AUTHORIZATION OF FINAL FEASI- amended by section 3 of the Act of August 18, (1) IN GENERAL.—The Secretary of the Inte- BILITY STUDIES. 1941 (55 Stat. 645, chapter 377), and notwith- rior shall allow for the prepayment of repay- The following final feasibility studies for standing section 3 of the Act of July 31, 1946 ment obligations under the repayment con- water resources development and conserva- (60 Stat. 744, chapter 710), the Secretary shall tract numbered 14-06-400-33 between the tion and other purposes are authorized to be convey, by quitclaim deed and without con- United States and the Weber Basin Water carried out by the Secretary substantially in sideration, to the Grand River Dam Author- Conservancy District (referred to in this sub- accordance with the plan, and subject to the ity, an agency of the State of Oklahoma, for section as the ‘‘District’’), dated December conditions, described in the respective re- flood control purposes, all right, title, and 12, 1952, and supplemented and amended on ports designated in this section: interest of the United States in and to real June 30, 1961, on April 15, 1966, on September (1) NAVIGATION.—

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 Piscataqua February 8, 2015 Federal: $15,580,000 River Non-Federal: $5,190,000 Total: $20,770,000

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

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 and September 12, 2016 Federal: $1,324,235,500 Beaver Counties Non-Federal: $1,324,235,500 Total: $2,648,471,000

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(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

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

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

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

(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

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

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- flood damage reduction, environmental res- (k) DAYTONA BEACH FLOOD PROTECTION, FICATION PROPOSALS SUBMITTED toration, and water supply by modifying the FLORIDA.—The Secretary shall conduct a TO CONGRESS BY THE SECRETARY. Coyote Valley Dam, California. study to determine the feasibility of car- RCTIC EEP RAFT ORT EVELOPMENT (a) A D D P D (e) DEL ROSA DRAINAGE AREA, CALI- rying out projects for flood control in the PARTNERSHIPS.—Section 2105 of the Water FORNIA.—The Secretary shall conduct a city of Daytona Beach, Florida. Resources Reform and Development Act of study to determine the feasibility of car- (l) BRUNSWICK HARBOR, GEORGIA.—The Sec- 2014 (33 U.S.C. 2243) is amended— rying out projects for flood control and eco- retary shall conduct a study to determine (1) by striking ‘‘(25 U.S.C. 450b))’’ each system restoration in the cities of San the feasibility of modifying the project for place it appears and inserting ‘‘(25 U.S.C. Bernardino and Highland, San Bernardino navigation, Brunswick Harbor, Georgia, au- 5304)) and a Native village, Regional Cor- County, California. thorized by section 101(a)(19) of the Water poration, or Village Corporation (as those (f) MERCED COUNTY, CALIFORNIA.—The Sec- Resources and Development Act of 1999 (Pub- terms are defined in section 3 of the Alaska retary shall prepare a general reevaluation lic Law 106–53; 113 Stat. 277)— Native Claims Settlement Act (43 U.S.C. report on the project for flood control, (1) to widen the existing bend in the Fed- 1602)’’; and Merced County streams project, California, eral navigation channel at the intersection (2) by adding at the end the following: authorized by section 10 of the Act of Decem- of Cedar Hammock and Brunswick Point Cut ‘‘(e) CONSIDERATION OF NATIONAL SECURITY ber 22, 1944 (58 Stat. 900; chapter 665), to in- Ranges; and INTERESTS.—In carrying out a study of the vestigate the flood risk management oppor- (2) to extend the northwest side of the ex- feasibility of an Arctic deep draft port, the isting South Brunswick River Turning Secretary— tunities and improve levee performance along Black Rascal Creek and Bear Creek. Basin. ‘‘(1) shall consult with the Secretary of AVANNAH IVER ELOW UGUSTA (g) MISSION-ZANJA DRAINAGE AREA, CALI- (m) S R B A , Homeland Security and the Secretary of De- GEORGIA.—The Secretary shall conduct a FORNIA.—The Secretary shall conduct a fense to identify national security benefits study to determine the feasibility of modi- associated with an Arctic deep draft port; study to determine the feasibility of car- rying out projects for flood control and eco- fying the project for navigation, Savannah and River below Augusta, Georgia, authorized by ‘‘(2) if appropriate, as determined by the system restoration in the cities of Redlands, Loma Linda, and San Bernardino, California, the first section of the Act of July 3, 1930 (46 Secretary, may determine a port described Stat. 924, chapter 847), to include aquatic and unincorporated counties of San in paragraph (1) is feasible based on the bene- ecosystem restoration, water supply, recre- Bernardino County, California. fits described in that paragraph.’’. ation, sediment management, and flood con- (h) SANTA ANA RIVER BASIN, CALIFORNIA.— (b) OUACHITA-BLACK RIVERS, ARKANSAS AND trol as project purposes. The Secretary shall conduct a study to de- LOUISIANA.—The Secretary shall conduct a (n) DUBUQUE, IOWA.—The Secretary shall study to determine the feasibility of modi- termine the feasibility of modifying the conduct a study to determine the feasibility fying the project for navigation, Ouachita- project for flood damage reduction by modi- of modifying the project for flood protection, Black Rivers, authorized by section 101 of fying the San Jacinto and Bautista Creek Dubuque, Iowa, authorized by section 208 of the River and Harbor Act of 1960 (Public Law Improvement Project, part of the Santa Ana the Flood Control Act of 1965 (Public Law 89– 86–645; 74 Stat. 481) to include bank stabiliza- River Basin Project in Riverside County, 298; 79 Stat. 1086), to increase the level of tion and water supply as project purposes. California. flood protection and reduce flood damages. (c) CACHE CREEK BASIN, CALIFORNIA.— (i) DELAWARE BAY COASTLINE, DELAWARE (o) MISSISSIPPI RIVER SHIP CHANNEL, GULF (1) IN GENERAL.—The Secretary shall pre- AND NEW JERSEY-ROOSEVELT INLET-LEWES TO BATON ROUGE, LOUISIANA.—The Secretary pare a general reevaluation report on the BEACH, DELAWARE.—The Secretary shall con- shall conduct a study to determine the feasi- project for flood control, Cache Creek Basin, duct a study to determine the feasibility of bility of modifying the project for naviga- California, authorized by section 401(a) of the modifying the project for shoreline protec- tion, Mississippi River Ship Channel, Gulf to Water Resources Development Act of 1986 tion and ecosystem restoration, Delaware Baton Rouge, Louisiana, authorized by sec- (Public Law 99–662; 100 Stat. 4112). Bay Coastline, Delaware and New Jersey- tion 201(a) of the Harbor Development and (2) REQUIREMENTS.—In preparing the report Roosevelt Inlet-Lewes Beach, Delaware, au- Navigation Improvement Act of 1986 (Public under paragraph (1), the Secretary shall thorized by section 101(a)(13) of the Water Law 99–662; 100 Stat. 4090), to deepen the identify specific needed modifications to ex- Resources Development Act of 1999 (Public channel approaches and the associated area isting project authorities— Law 106–53; 113 Stat. 276), to extend the au- on the left descending bank of the Mis- (A) to increase basin capacity; thorized project limit from the current east- sissippi River between mile 98.3 and mile (B) to decrease the long-term maintenance; ward terminus to a distance of 8,000 feet east 100.6 Above Head of Passes (AHP) to a depth and of the Roosevelt Inlet east jetty. equal to the Channel. (C) to provide opportunities for ecosystem (j) MISPILLION INLET, CONCH BAR, DELA- (p) ST. TAMMANY PARISH GOVERNMENT COM- benefits for the Sacramento River flood con- WARE.—The Secretary shall conduct a study PREHENSIVE COASTAL MASTER PLAN, LOU- trol project. to determine the feasibility of carrying out a ISIANA.—The Secretary shall conduct a study (d) COYOTE VALLEY DAM, CALIFORNIA.—The project for navigation and shoreline protec- to determine the feasibility of carrying out Secretary shall conduct a study to determine tion at Mispillion Inlet and Conch Bar, Sus- projects described in the St. Tammany Par- the feasibility of carrying out a project for sex County, Delaware. ish Comprehensive Coastal Master Plan for

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flood control, shoreline protection, and eco- (3) PRIORITIZATION TO ADDRESS SIGNIFICANT (z) CHINCOTEAGUE ISLAND, VIRGINIA.—The system restoration in St. Tammany Parish, RISKS.—In any case in which a levee or levee Secretary shall conduct a study to determine Louisiana. system (as defined in section 9002 of the the feasibility of carrying out projects for (q) CAYUGA INLET, ITHACA, NEW YORK.—The Water Resources Reform and Development ecosystem restoration and flood control, Secretary shall conduct a study to determine Act of 2007 (33 U.S.C. 3301)) is classified as a Chincoteague Island, Virginia, authorized by the feasibility of modifying the project for Class I or II under the levee safety action section 8 of Public Law 89–195 (16 U.S.C. 459f– flood protection, Great Lakes Basin, author- classification tool developed by the Corps of 7) (commonly known as the ‘‘Assateague Is- ized by section 203 of the Flood Control Act Engineers, the Secretary shall expedite the land National Seashore Act’’) for— of 1960 (Public Law 86–645; 74 Stat. 488) to in- project for budget consideration. (1) assessing the current and future func- clude sediment management as a project (v) JOHNSTOWN, PENNSYLVANIA.—The Sec- tion of the barrier island, inlet, and coastal purpose on the Cayuga Inlet, Ithaca, New retary shall conduct a study to determine bay system surrounding Chincoteague Is- York. the feasibility of modifying the project for land; (r) CHAUTAUQUA COUNTY, NEW YORK.— flood control, Johnstown, Pennsylvania, au- (2) developing an array of options for re- (1) IN GENERAL.—The Secretary shall con- thorized by the Act of June 22, 1936 (49 Stat. source management; and duct a study to determine the feasibility of 1570, chapter 688; 50 Stat. 880) (commonly (3) evaluating the feasibility and cost asso- carrying out projects for flood risk manage- known as the ‘‘Flood Control Act of 1936’’), ciated with sustainable protection and res- ment, navigation, environmental dredging, to include aquatic ecosystem restoration, toration areas. recreation, sediment management, and in- and ecosystem restoration on the (aa) BURLEY CREEK WATERSHED, WASH- crease the level of flood control. Cattaraugus, Silver Creek, and Chautauqua INGTON.—The Secretary shall conduct a (w) CHACON CREEK, TEXAS.—Notwith- Lake tributaries in Chautauqua County, New study to determine the feasibility of car- standing any other provision of law (includ- York. rying out projects for flood control and (2) EVALUATION OF POTENTIAL SOLUTIONS.— ing any resolution of a Committee of Con- gress), the study conducted by the Secretary aquatic ecosystem restoration in the Burley In conducting the study under paragraph (1), Creek Watershed, Washington. the Secretary shall evaluate potential solu- described in the resolution adopted by the Committee on Transportation and Infra- SEC. 6004. EXPEDITED COMPLETION OF RE- tions to flooding from all sources, including PORTS. flooding that results from ice jams. structure of the House of Representatives on The Secretary shall expedite completion of (s) DELAWARE RIVER BASIN, NEW YORK, NEW May 21, 2003, relating to flood damage reduc- the reports for the following projects, in ac- JERSEY, PENNSYLVANIA, DELAWARE.—The tion, environmental restoration and protec- Secretary shall conduct a study to determine tion, water conservation and supply, water cordance with section 2045 of the Water Re- the feasibility of modifying the operations of quality, and related purposes in the Rio sources Development Act of 2007 (33 U.S.C. the projects for flood control, Delaware Grande Watershed below Falcon Dam, shall 2348), and, if the Secretary determines that a River Basin, New York, New Jersey, Penn- include the area above Falcon Dam. project is justified in the completed report, sylvania, and Delaware, authorized by sec- (x) CORPUS CHRISTI SHIP CHANNEL, TEXAS.— proceed directly to project preconstruction, The Secretary shall conduct a study to de- tion 10 of the Flood Control Act of 1946 (60 engineering, and design in accordance with termine the feasibility of modifying the Stat. 644, chapter 596), and section 203 of the section 910 of the Water Resources Develop- project for navigation and ecosystem res- Flood Control Act of 1962 (Public Law 87–874; ment Act of 1986 (33 U.S.C. 2287): toration, Corpus Christi Ship Channel, 76 Stat. 1182), to enhance opportunities for (1) The project for navigation, St. George Texas, authorized by section 1001(40) of the ecosystem restoration and water supply. Harbor, Alaska. Water Resources Development Act of 2007 (t) CINCINNATI, OHIO.— (2) The project for flood risk management, (Public Law 110–114; 121 Stat. 1056), to de- (1) REVIEW.—The Secretary shall review Rahway River Basin, New Jersey. velop and evaluate alternatives that address the Central Riverfront Park Master Plan, (3) The Hudson-Raritan Estuary Com- navigation problems directly affecting the dated December 1999, and the Ohio River- prehensive Restoration Project. Corpus Christi Ship Channel, La Quinta front Study, Cincinnati, Ohio, dated August (4) The project for navigation, Mobile Har- Channel, and La Quinta Channel Extension, bor, Alabama. 2002, to determine the feasibility of carrying including deepening the La Quinta Channel, out flood risk reduction, ecosystem restora- 2 turning basins, and the wye at La Quinta SEC. 6005. EXTENSION OF EXPEDITED CONSIDER- ATION IN SENATE. tion, and recreation components beyond the Junction. Section 7004(b)(4) of the Water Resources ecosystem restoration and recreation compo- (y) TRINITY RIVER AND TRIBUTARIES, nents that were undertaken pursuant to sec- TEXAS.— Reform and Development Act of 2014 (Public tion 5116 of the Water Resources Develop- (1) REVIEW.—Not later than 180 days after Law 113–121; 128 Stat. 1374) is amended by ment Act of 2007 (Public Law 110–114; 121 the date of enactment of this Act, the Sec- striking ‘‘2018’’ and inserting ‘‘2020’’. Stat. 1238) as a second phase of that project. retary shall review the economic analysis of SEC. 6006. GAO STUDY ON CORPS OF ENGINEERS (2) AUTHORIZATION.—The project authorized the Center for Economic Development and METHODOLOGY AND PERFORMANCE under section 5116 of the Water Resources Research of the University of North Texas METRICS. Development Act of 2007 (Public Law 110–114; entitled ‘‘Estimated Economic Benefits of (a) IN GENERAL.—Not later than 2 years 121 Stat. 1238) is modified to authorize the the Modified Central City Project (Trinity after the date of enactment of this Act, the Secretary to undertake the additional flood River Vision) in Fort Worth, Texas’’ and Comptroller General shall submit to the risk reduction and ecosystem restoration dated November 2014. Committee on Environment and Public components described in paragraph (1), at a (2) AUTHORIZATION.—The project for flood Works of the Senate and the Committee on total cost of $30,000,000, if the Secretary de- control and other purposes on the Trinity Transportation and Infrastructure of the termines that the additional flood risk re- River and tributaries, Texas, authorized by House of Representatives a study of the duction, ecosystem restoration, and recre- the River and Harbor Act of 1965 (Public Law methodologies and performance metrics used ation components, considered together, are 89–298; 79 Stat. 1091), as modified by section by the Corps of Engineers to calculate ben- feasible. 116 the Energy and Water Development Ap- efit-to-cost ratios and evaluate construction (u) TULSA AND WEST TULSA, ARKANSAS propriations Act, 2005 (Public Law 108–447; projects. RIVER, OKLAHOMA.— 118 Stat. 2944), is further modified to author- (b) CONSIDERATIONS.—The study under sub- (1) IN GENERAL.—The Secretary shall con- ize the Secretary to carry out projects de- section (a) shall address— duct a study to determine the feasibility of scribed in the recommended plan of the eco- (1) whether and to what extent the current modifying the projects for flood risk man- nomic analysis described in paragraph (1), if methodologies and performance metrics agement, Tulsa and West Tulsa, Oklahoma, the Secretary determines, based on the re- place small and rural geographic areas at a authorized by section 3 of the Act of August view referred to in paragraph (1), that— competitive disadvantage; 18, 1941 (55 Stat. 645; chapter 377). (A) the economic analysis and the process (2) whether the value of property for which (2) REQUIREMENTS.— by which the economic analysis was devel- damage would be prevented as a result of a (A) IN GENERAL.—In carrying out the study oped complies with Federal law (including flood risk management project is the best under paragraph (1), the Secretary shall ad- regulations) applicable to economic analyses measurement for the primary input in ben- dress project deficiencies, uncertainties, and for water resources development projects; efit-to-cost calculations for flood risk man- significant data gaps, including material, and agement projects; construction, and subsurface, which render (B) based on the economic analysis, the (3) any recommendations for approaches to the project at risk of overtopping, breaching, recommended plan in the supplement to the modify the metrics used to improve benefit- or system failure. final environmental impact statement for to-cost ratio results for small and rural geo- (B) ADDRESSING DEFICIENCIES.—In address- the Central City Project, Upper Trinity graphic areas; and ing deficiencies under subparagraph (A), the River entitled ‘‘Final Supplemental No. 1’’ is (4) whether a reevaluation of existing ap- Secretary shall incorporate current design economically justified. proaches and the primary criteria used to standards and efficiency improvements, in- (3) LIMITATION.—The Federal share of the calculate the economic benefits of a Corps of cluding the replacement of mechanical and cost of the recommended plan described in Engineers construction project could provide electrical components at pumping stations, paragraph (2) shall not exceed $520,000,000, of greater construction project completion re- if the incorporation does not significantly which not more than $5,500,000 may be ex- sults for small and rural geographic areas change the scope, function, or purpose of the pended to carry out recreation features of without putting a strain on the budget of the project. the project. Corps of Engineers.

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YAZOO BASIN, MISSISSIPPI. design, and associated preconstruction ac- SEC. 6008. SAINT LAWRENCE SEAWAY MOD- The authority of the Secretary to carry tivities, including activities relating to the ERNIZATION. out the project for flood damage reduction, siting of the facility, but not’’; and (a) DEFINITIONS.—In this section: bank stabilization, and sediment and erosion (3) by inserting after subparagraph (B) (as (1) GREAT LAKES REGION.—The term ‘‘Great control known as the ‘‘Yazoo Basin, Mis- designated by paragraph (1)) the following: Lakes region’’ means the region comprised of sissippi, Mississippi Delta Headwaters ‘‘(C) SALE OF BONDS.—Funds may also be the Great Lakes States. Project, MS’’, authorized by title I of Public used by a public water system as a source of (2) GREAT LAKES STATES.—The term ‘‘Great Law 98–8 (97 Stat. 22), as amended, shall not revenue (restricted solely to interest earn- Lakes States’’ means each of the States of be limited by language in reports accom- ings of the applicable State loan fund) or se- Illinois, Indiana, Michigan, Minnesota, Ohio, panying appropriations bills. curity for payment of the principal and in- terest on revenue or general obligation bonds Pennsylvania, New York, and Wisconsin. TITLE VII—SAFE DRINKING WATER AND issued by the State to provide matching (3) SEAWAY.—The term ‘‘Seaway’’ means CLEAN WATER INFRASTRUCTURE the Saint Lawrence Seaway. funds under subsection (e), if the proceeds of SEC. 7001. DEFINITION OF ADMINISTRATOR. (b) STUDY.— the sale of the bonds will be deposited in the In this title, the term ‘‘Administrator’’ (1) IN GENERAL.—The Comptroller General, State loan fund.’’. means the Administrator of the Environ- in cooperation with appropriate Federal, SEC. 7102. PRIORITY SYSTEM REQUIREMENTS. mental Protection Agency. State, and local authorities, shall conduct a Section 1452(b)(3) of the Safe Drinking study to— SEC. 7002. SENSE OF THE SENATE ON APPRO- Water Act (42 U.S.C. 300j–12(b)(3)) is amend- PRIATIONS LEVELS AND FINDINGS (A) assess the condition of the Seaway; and ON ECONOMIC IMPACTS. ed— (B) evaluate options available in the 21st (1) by redesignating subparagraph (B) as (a) SENSE OF THE SENATE.—It is the sense century for modernizing the Seaway as a subparagraph (D); of the Senate that Congress should provide globally significant transportation corridor. (2) by striking subparagraph (A) and in- robust funding for the State drinking water (2) SCOPE OF STUDY.—In conducting the serting the following: treatment revolving loan funds established study under paragraph (1), the Comptroller ‘‘(A) DEFINITION OF RESTRUCTURING.—In under section 1452 of the Safe Drinking General shall— this paragraph, the term ‘restructuring’ Water Act (42 U.S.C. 300j–12) and the State (A) assess the condition of the Seaway and means changes in operations (including own- water pollution control revolving funds es- the capacity of the Seaway to drive com- ership, cooperative partnerships, asset man- tablished under title VI of the Federal Water merce and other economic activity in the agement, consolidation, and alternative Pollution Control Act (33 U.S.C. 1381 et seq.). Great Lakes region; water supply). (b) FINDINGS.—Congress finds, based on an (B) detail the importance of the Seaway to analysis sponsored by the Water Environ- ‘‘(B) PRIORITY SYSTEM.—An intended use the functioning of the United States econ- ment Federation and the WateReuse Asso- plan shall provide, to the maximum extent omy, with an emphasis on the domestic man- ciation of the nationwide impact of State re- practicable, that priority for the use of funds ufacturing sector, including the domestic volving loan fund spending using the be given to projects that— steel manufacturing industry; IMPLAN economic model developed by the ‘‘(i) address the most serious risk to (C) evaluate options— Federal Government, that, in addition to the human health; (i) to modernize physical navigation infra- public health and environmental benefits, ‘‘(ii) are necessary to ensure compliance structure, facilities, and related assets not the Federal investment in safe drinking with this title (including requirements for operated or maintained by the Secretary water and clean water provides the following filtration); along the corridor of the Seaway, including benefits: ‘‘(iii) assist systems most in need on a per- an assessment of alternative means for the (1) Generation of significant Federal tax household basis according to State afford- Great Lakes region to finance large-scale revenue, as evidenced by the following: ability criteria; and initiatives; (A) Every dollar of a Federal capitalization ‘‘(iv) improve the sustainability of sys- (ii) to increase exports of domestically pro- grant returns $0.21 to the general fund of the tems. duced goods and study the trade balance and Treasury in the form of Federal taxes and, ‘‘(C) WEIGHT GIVEN TO APPLICATIONS.—After regional economic impact of the possible in- when additional spending from the State re- determining project priorities under sub- crease in imports of agricultural products, volving loan funds is considered to be the re- paragraph (B), an intended use plan shall steel, aggregates, and other goods commonly sult of leveraging the Federal investment, provide that the State shall give greater transported through the Seaway; every dollar of a Federal capitalization grant weight to an application for assistance by a (iii) increase economic activity and devel- returns $0.93 in Federal tax revenue. community water system if the application opment in the Great Lakes region by advanc- (B) A combined $34,700,000,000 in capitaliza- includes such information as the State deter- ing the multimodal transportation and eco- tion grants for the clean water and state mines to be necessary and contains— nomic network in the region; drinking water state revolving loan funds de- ‘‘(i) a description of utility management (iv) ensure the competitiveness of the Sea- scribed in subsection (a) over a period of 5 best practices undertaken by a treatment way as a transportation corridor in an in- years would generate $7,430,000,000 in Federal works applying for assistance, including— creasingly integrated global transportation tax revenue and, when additional spending ‘‘(I) an inventory of assets, including any network; and from the State revolving loan funds is con- lead service lines, and a description of the (v) attract tourists to the Great Lakes re- sidered to be the result of leveraging the condition of the assets; gion by improving attractions and removing Federal investment, the Federal investment ‘‘(II) a schedule for replacement of assets; barriers to tourism and travel throughout will result in $32,300,000,000 in Federal tax ‘‘(III) a financing plan that factors in all the Seaway; and revenue during that 5-year period. lifecycle costs indicating sources of revenue (D) evaluate the existing and potential fi- (2) An increase in employment, as evi- from ratepayers, grants, bonds, other loans, nancing authorities of the Seaway as com- denced by the following: and other sources to meet the costs; and pared to other Federal agencies and instru- (A) Every $1,000,000 in State revolving loan ‘‘(IV) a review of options for restructuring mentalities with development responsibil- the public water system; fund spending generates 16 1⁄2 jobs. ities. (B) $34,700,000,000 in Federal capitalization ‘‘(ii) demonstration of consistency with (3) DEADLINE.—The Comptroller General grants for State revolving loan funds over a State, regional, and municipal watershed shall complete the study under paragraph (1) period of 5 years would result in 506,000 jobs. plans; as soon as practicable and not later than 2 (3) An increase in economic output: ‘‘(iii) a water conservation plan consistent years after the date of enactment of this (A) Every $1,000,000 in State revolving loan with guidelines developed for those plans by Act. fund spending results in $2,950,000 in output the Administrator under section 1455(a); and (4) COORDINATION.—The Comptroller Gen- for the economy of the United States. ‘‘(iv) approaches to improve the sustain- eral shall conduct the study under paragraph (B) $34,700,000,000 in Federal capitalization ability of the system, including— (1) with input from representatives of the grants for State revolving loan funds over a ‘‘(I) water efficiency or conservation, in- Saint Lawrence Seaway Development Cor- period of 5 years will generate $102,700,000,000 cluding the rehabilitation or replacement of poration, the Economic Development Admin- in total economic output. existing leaking pipes; istration, the Coast Guard, the Corps of En- ‘‘(II) use of reclaimed water; gineers, the Department of Homeland Secu- Subtitle A—Drinking Water ‘‘(III) actions to increase energy efficiency; rity, and State and local entities (including SEC. 7101. PRECONSTRUCTION WORK. and port authorities throughout the Seaway). Section 1452(a)(2) of the Safe Drinking ‘‘(IV) implementation of plans to protect (5) REPORT.—The Comptroller General Water Act (42 U.S.C. 300j–12(a)(2)) is amend- source water identified in a source water as- shall submit to Congress a report on the re- ed— sessment under section 1453.’’; and

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.027 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5547 (3) in subparagraph (D) (as redesignated by purposes of which are to assist public water ble entities under section 1459A of the Safe paragraph (1)), by striking ‘‘periodically’’ systems in meeting the requirements of this Drinking Water Act (as added by subsection and inserting ‘‘at least biennially’’. Act. (a)), $20,000,000, to remain available until ex- SEC. 7103. ADMINISTRATION OF STATE LOAN ‘‘(2) INCLUSIONS.—Projects and activities pended. FUNDS. under paragraph (1) include— SEC. 7107. REDUCING LEAD IN DRINKING WATER. Section 1452(g)(2) of the Safe Drinking ‘‘(A) infrastructure investments necessary (a) IN GENERAL.—Part E of the Safe Drink- Water Act (42 U.S.C. 300j–12(g)(2)) is amend- to comply with the requirements of this Act, ing Water Act (42 U.S.C. 300j et seq.) (as ed— ‘‘(B) assistance that directly and primarily amended by section 7106) is amended by add- (1) in the first sentence, by striking ‘‘up to benefits the disadvantaged community on a ing at the end the following: 4 percent of the funds allotted to the State per-household basis, and ‘‘SEC. 1459B. REDUCING LEAD IN DRINKING under this section’’ and inserting ‘‘, for each ‘‘(C) programs to provide household water WATER. fiscal year, an amount that does not exceed quality testing, including testing for unregu- ‘‘(a) DEFINITIONS.—In this section: the sum of the amount of any fees collected lated contaminants. ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible by the State for use in covering reasonable ‘‘(c) ELIGIBLE ENTITIES.—An entity eligible entity’ means— costs of administration of programs under to receive a grant under this section— ‘‘(A) a community water system; this section, regardless of the source, and an ‘‘(1) is— ‘‘(B) a system located in an area governed amount equal to the greatest of $400,000, 1⁄5 ‘‘(A) a public water system as defined in by an Indian Tribe; percent of the current valuation of the fund, section 1401; ‘‘(C) a nontransient noncommunity water or 4 percent of all grant awards to the fund ‘‘(B) a system that is located in an area system; under this section for the fiscal year,’’; and governed by an Indian Tribe (as defined in ‘‘(D) a qualified nonprofit organization, as (2) by striking ‘‘1419,’’ and all that follows section 1401); or determined by the Administrator; and through ‘‘1993.’’ and inserting ‘‘1419.’’. ‘‘(C) a State, on behalf of an underserved ‘‘(E) a municipality or State, interstate, or SEC. 7104. OTHER AUTHORIZED ACTIVITIES. community; and intermunicipal agency. ‘‘(2) serves a community that, under af- Section 1452(k) of the Safe Drinking Water ‘‘(2) LEAD REDUCTION PROJECT.— fordability criteria established by the State Act (42 U.S.C. 300j–12(k)) is amended— ‘‘(A) IN GENERAL.—The term ‘lead reduc- (1) in paragraph (1)(D), by inserting before under section 1452(d)(3), is determined by the tion project’ means a project or activity the the period at the end the following: ‘‘and the State— primary purpose of which is to reduce the implementation of plans to protect source ‘‘(A) to be a disadvantaged community; level of lead in water for human consump- water identified in a source water assess- ‘‘(B) to be a community that may become tion by— ment under section 1453’’; and a disadvantaged community as a result of ‘‘(i) replacement of publicly owned lead (2) in paragraph (2)(E), by inserting after carrying out an eligible activity; or service lines; ‘‘wellhead protection programs’’ the fol- ‘‘(C) to serve a community with a popu- ‘‘(ii) testing, planning, or other relevant lowing: ‘‘and implement plans to protect lation of less than 10,000 individuals that the activities, as determined by the Adminis- source water identified in a source water as- Administrator determines does not have the trator, to identify and address conditions sessment under section 1453’’. capacity to incur debt sufficient to finance (including corrosion control) that contribute SEC. 7105. NEGOTIATION OF CONTRACTS. the project under subsection (b). to increased lead levels in water for human ‘‘(d) PRIORITY.—In prioritizing projects for Section 1452 of the Safe Drinking Water consumption; implementation under this section, the Ad- Act (42 U.S.C. 300j–12) is amended by adding ‘‘(iii) assistance to low-income home- ministrator shall give priority to systems at the end the following: owners to replace privately owned service that serve underserved communities. ‘‘(s) NEGOTIATION OF CONTRACTS.—For com- lines, pipes, fittings, or fixtures that contain ‘‘(e) LOCAL PARTICIPATION.—In prioritizing munities with populations of more than projects for implementation under this sec- lead; and 10,000 individuals, a contract to be carried tion, the Administrator shall consult with, ‘‘(iv) education of consumers regarding out using funds directly made available by a and consider the priorities of, affected measures to reduce exposure to lead from capitalization grant under this section for States, Indian Tribes, and local govern- drinking water or other sources. program management, construction manage- ments. ‘‘(B) LIMITATION.—The term ‘lead reduction ment, feasibility studies, preliminary engi- ‘‘(f) TECHNICAL, MANAGERIAL, AND FINAN- project’ does not include a partial lead serv- neering, design, engineering, surveying, CIAL CAPABILITY.—The Administrator may ice line replacement if, at the conclusion of mapping, or architectural or related services provide assistance to increase the technical, the service line replacement, drinking water shall be negotiated in the same manner as— managerial, and financial capability of an el- is delivered to a household through a pub- ‘‘(1) a contract for architectural and engi- igible entity receiving a grant under this licly or privately owned portion of a lead neering services is negotiated under chapter section if the Administrator determines that service line. 11 of title 40, United States Code; or the eligible entity lacks appropriate tech- ‘‘(3) LOW-INCOME.—The term ‘low-income’, ‘‘(2) an equivalent State qualifications- nical, managerial, and financial capability. with respect to an individual provided assist- based requirement (as determined by the ‘‘(g) COST SHARING.—Before carrying out ance under this section, has such meaning as Governor of the State).’’. any project under this section, the Adminis- may be given the term by the head of the SEC. 7106. ASSISTANCE FOR SMALL AND DIS- trator shall enter into a binding agreement municipality or State, interstate, or inter- ADVANTAGED COMMUNITIES. with 1 or more non-Federal interests that municipal agency with jurisdiction over the (a) IN GENERAL.—Part E of the Safe Drink- shall require the non-Federal interests— area to which assistance is provided. ing Water Act (42 U.S.C. 300j et seq.) is ‘‘(1) to pay not less than 45 percent of the ‘‘(4) MUNICIPALITY.—The term ‘munici- amended by adding at the end the following: total costs of the project, which may include pality’ means— ‘‘SEC. 1459A. ASSISTANCE FOR SMALL AND DIS- services, materials, supplies, or other in- ‘‘(A) a city, town, borough, county, parish, ADVANTAGED COMMUNITIES. kind contributions; district, association, or other public entity ‘‘(a) DEFINITION OF UNDERSERVED COMMU- ‘‘(2) to provide any land, easements, rights- established by, or pursuant to, applicable NITY.—In this section: of-way, and relocations necessary to carry State law; and ‘‘(1) IN GENERAL.—The term ‘underserved out the project; and ‘‘(B) an Indian tribe (as defined in section community’ means a local political subdivi- ‘‘(3) to pay 100 percent of any operation, 4 of the Indian Self-Determination and Edu- sion that, as determined by the Adminis- maintenance, repair, replacement, and reha- cation Assistance Act (25 U.S.C. 5304)). trator, has an inadequate drinking water or bilitation costs associated with the project. ‘‘(b) GRANT PROGRAM.— wastewater system. ‘‘(h) WAIVER.—The Administrator may ‘‘(1) ESTABLISHMENT.—The Administrator ‘‘(2) INCLUSIONS.—The term ‘underserved waive the requirement to pay the non-Fed- shall establish a grant program to provide community’ includes a local political sub- eral share of the cost of carrying out an eli- assistance to eligible entities for lead reduc- division that either, as determined by the gible activity using funds from a grant pro- tion projects in the United States. Administrator— vided under this section if the Administrator ‘‘(2) PRECONDITION.—As a condition of re- ‘‘(A) does not have household drinking determines that an eligible entity is unable ceipt of assistance under this section, before water or wastewater services; or to pay, or would experience significant fi- receiving the assistance the eligible entity ‘‘(B) has a drinking water system that fails nancial hardship if required to pay, the non- shall take steps to identify— to meet health-based standards under this Federal share. ‘‘(A) the source of lead in water for human Act, including— ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— consumption; and ‘‘(i) a maximum contaminant level for a There are authorized to be appropriated to ‘‘(B) the means by which the proposed lead primary drinking water contaminant; carry out this section— reduction project would reduce lead levels in ‘‘(ii) a treatment technique violation; and ‘‘(1) $230,000,000 for fiscal year 2017; and the applicable water system. ‘‘(iii) an action level exceedance. ‘‘(2) $300,000,000 for each of fiscal years 2018 ‘‘(3) PRIORITY APPLICATION.—In providing ‘‘(b) ESTABLISHMENT.— through 2021.’’. grants under this subsection, the Adminis- ‘‘(1) IN GENERAL.—The Administrator shall (b) FUNDING.—Out of any funds in the trator shall give priority to an eligible enti- establish a program under which grants are Treasury not otherwise appropriated, the ty that— provided to eligible entities for use in car- Secretary of the Treasury shall transfer to ‘‘(A) the Administrator determines, based rying out projects and activities the primary the Administrator to provide grants to eligi- on affordability criteria established by the

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.027 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5548 CONGRESSIONAL RECORD — SENATE September 12, 2016 State under section 1452(d)(3), to be a dis- regional office of the Environmental Protec- State with primary enforcement responsi- advantaged community; and tion Agency to serve as a liaison to minor- bility, and the owners and operators of pub- ‘‘(B) proposes to— ity, tribal, and low-income communities in lic water systems shall conduct targeted out- ‘‘(i) carry out a lead reduction project at a the relevant region. reach, education, technical assistance, and public water system or nontransient non- (b) PUBLIC IDENTIFICATION.—The Adminis- risk communication to populations affected community water system that has exceeded trator shall identify each regional liaison se- by lead in a public water system.’’. the lead action level established by the Ad- lected under subsection (a) on the website (b) CONFORMING AMENDMENTS.—Section ministrator at any time during the 3-year of— 1414(c) of the Safe Drinking Water Act (42 period preceding the date of submission of (1) the relevant regional office of the Envi- U.S.C. 300g–3(c)) is amended— the application of the eligible entity; ronmental Protection Agency; and (1) in paragraph (1)(C), by striking ‘‘para- ‘‘(ii) address lead levels in water for human (2) the Office of Environmental Justice of graph (2)(E)’’ and inserting ‘‘paragraph consumption at a school, daycare, or other the Environmental Protection Agency. (2)(F)’’; facility that primarily serves children or SEC. 7109. NOTICE TO PERSONS SERVED. (2) in paragraph (2)(B)(i)(II), by striking other vulnerable human subpopulation; or (a) EXCEEDANCE OF LEAD ACTION LEVEL.— ‘‘subparagraph (D)’’ and inserting ‘‘subpara- ‘‘(iii) address such priority criteria as the Section 1414(c) of the Safe Drinking Water graph (E)’’; and Administrator may establish, consistent Act (42 U.S.C. 300g–3(c)) is amended— (3) in paragraph (4)(B) (as redesignated by with the goal of reducing lead levels of con- (1) in paragraph (1), by adding at the end subsection (a)(3)), in the first sentence, by cern. the following: striking ‘‘(D)’’ and inserting ‘‘(E)’’. ‘‘(4) COST SHARING.— ‘‘(D) Notice of any exceedance of a lead ac- SEC. 7110. ELECTRONIC REPORTING OF DRINK- ‘‘(A) IN GENERAL.—Subject to subparagraph tion level or any other prescribed level of ING WATER DATA. (B), the non-Federal share of the total cost lead in a regulation issued under section Section 1414 of the Safe Drinking Water of a project funded by a grant under this sub- 1412, including the concentrations of lead Act (42 U.S.C. 300g–3) is amended by adding section shall be not less than 20 percent. found in a monitoring activity.’’; at the end the following: ‘‘(B) WAIVER.—The Administrator may re- (2) in paragraph (2)— ‘‘(j) ELECTRONIC REPORTING OF COMPLIANCE duce or eliminate the non-Federal share (A) in subparagraph (C)— MONITORING DATA.— under subparagraph (A) for reasons of afford- (i) in clause (iii)— ‘‘(1) IN GENERAL.—The Administrator shall ability, as the Administrator determines to (I) by striking ‘‘Administrator or’’ and in- require electronic submission of available be appropriate. serting ‘‘Administrator, the Director of the compliance monitoring data, if practicable— ‘‘(5) LOW-INCOME ASSISTANCE.— Centers for Disease Control and Prevention, ‘‘(A) by public water systems (or a certified ‘‘(A) IN GENERAL.—Subject to subparagraph and, if applicable,’’; and laboratory on behalf of a public water sys- (B), an eligible entity may use a grant pro- (II) by inserting ‘‘and the appropriate tem)— vided under this subsection to provide assist- State and county health agencies’’ after ‘‘(i) to the Administrator; or ance to low-income homeowners to carry out ‘‘1413’’; ‘‘(ii) with respect to a public water system lead reduction projects. (B) by redesignating subparagraphs (D) and in a State that has primary enforcement re- ‘‘(B) LIMITATION.—The amount of a grant (E) as subparagraphs (E) and (F), respec- sponsibility under section 1413, to that provided to a low-income homeowner under tively; and State; and this paragraph shall not exceed the cost of (C) by inserting after subparagraph (C) the ‘‘(B) by each State that has primary en- replacement of the privately owned portion following: forcement responsibility under section 1413 of the service line. ‘‘(D) EXCEEDANCE OF LEAD ACTION LEVEL.— to the Administrator, as a condition on the ‘‘(6) SPECIAL CONSIDERATION FOR LEAD SERV- Regulations issued under subparagraph (A) receipt of funds under this Act. ICE LINE REPLACEMENT.—In carrying out lead shall specify notification procedures for an ‘‘(2) CONSIDERATIONS.—In determining service line replacement using a grant under exceedance of a lead action level or any whether the requirement referred to in para- this subsection, an eligible entity shall— other prescribed level of lead in a regulation graph (1) is practicable, the Administrator ‘‘(A) notify customers of the replacement issued under section 1412.’’; shall consider— of any publicly owned portion of the lead (3) by redesignating paragraphs (3) and (4) ‘‘(A) the ability of a public water system service line; as paragraphs (4) and (5), respectively; (or a certified laboratory on behalf of a pub- ‘‘(B) in the case of a homeowner who is not (4) by inserting after paragraph (2) the fol- lic water system) or a State to meet the re- low-income, offer to replace the privately lowing: quirements of sections 3.1 through 3.2000 of owned portion of the lead service line at the ‘‘(3) NOTIFICATION OF THE PUBLIC RELATING title 40, Code of Federal Regulations (or suc- cost of replacement; TO LEAD.— cessor regulations); ‘‘(C) in the case of a low-income home- ‘‘(A) EXCEEDANCE OF LEAD ACTION LEVEL.— ‘‘(B) information system compatibility; owner, offer to replace the privately owned Not later than 15 days after the date of an ‘‘(C) the size of the public water system; portion of the lead service line and any exceedance of a lead action level or any and pipes, fitting, and fixtures that contain lead other prescribed level of lead in a regulation ‘‘(D) the size of the community served by at a cost that is equal to the difference be- issued under section 1412, the Administrator the public water system.’’. tween— shall notify the public of the concentrations SEC. 7111. LEAD TESTING IN SCHOOL AND CHILD ‘‘(i) the cost of replacement; and of lead found in the monitoring activity con- CARE DRINKING WATER. ‘‘(ii) the amount of low-income assistance ducted by the public water system if the pub- (a) IN GENERAL.—Section 1464 of the Safe available to the homeowner under paragraph lic water system or the State does not notify Drinking Water Act (42 U.S.C. 300j–24) is (5); the public of the concentrations of lead amended by striking subsection (d) and in- ‘‘(D) notify each customer that a planned found in a monitoring activity. serting the following: replacement of any publicly owned portion ‘‘(B) RESULTS OF LEAD MONITORING.— ‘‘(d) VOLUNTARY SCHOOL AND CHILD CARE of a lead service line that is funded by a ‘‘(i) IN GENERAL.—The Administrator may LEAD TESTING GRANT PROGRAM.— grant made under this subsection will not be provide notice of any result of lead moni- ‘‘(1) DEFINITIONS.—In this subsection: carried out unless the customer agrees to the toring conducted by a public water system ‘‘(A) CHILD CARE PROGRAM.—The term simultaneous replacement of the privately to— ‘child care program’ has the meaning given owned portion of the lead service line; and ‘‘(I) any person that is served by the public the term ‘early childhood education pro- ‘‘(E) demonstrate that the eligible entity water system; or gram’ in section 103 of the Higher Education has considered options for reducing lead in ‘‘(II) the local or State health department Act of 1965 (20 U.S.C. 1003). drinking water, including an evaluation of of a locality or State in which the public ‘‘(B) LOCAL EDUCATIONAL AGENCY.—The options for corrosion control. water system is located. term ‘local educational agency’ means— ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(ii) FORM OF NOTICE.—The Administrator ‘‘(i) a local educational agency (as defined There is authorized to be appropriated to may provide the notice described in clause in section 8101 of the Elementary and Sec- carry out this section $60,000,000 for each of (i) by— ondary Education Act of 1965 (20 U.S.C. fiscal years 2017 through 2021.’’. ‘‘(I) press release; or 7801)); (b) FUNDING.—Out of any funds in the Treasury not otherwise appropriated, the ‘‘(II) other form of communication, includ- ‘‘(ii) a tribal education agency (as defined Secretary of the Treasury shall transfer to ing local media. in section 3 of the National Environmental the Administrator to provide grants to eligi- ‘‘(C) PRIVACY.—Notice to the public shall Education Act (20 U.S.C. 5502)); and ble entities under this section under section protect the privacy of individual customer ‘‘(iii) an operator of a child care program 1459B of the Safe Drinking Water Act (as information.’’; and facility licensed under State law. added by subsection (a)), $20,000,000, to re- (5) by adding at the end the following: ‘‘(2) ESTABLISHMENT.— main available until expended. ‘‘(6) STRATEGIC PLAN.—Not later than 120 ‘‘(A) IN GENERAL.—Not later than 180 days SEC. 7108. REGIONAL LIAISONS FOR MINORITY, days after the date of enactment of this after the date of enactment of the Water Re- TRIBAL, AND LOW-INCOME COMMU- paragraph, the Administrator, in collabora- sources Development Act of 2016, the Admin- NITIES. tion with States and owners and operators of istrator shall establish a voluntary school (a) IN GENERAL.—The Administrator shall public water systems, shall establish a stra- and child care lead testing grant program to appoint not fewer than 1 employee in each tegic plan for how the Administrator, a make grants available to States to assist

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local educational agencies in voluntary test- landscapes, facilities, processes, and services ‘‘(c) TRANSPARENCY.—The Administrator ing for lead contamination in drinking water while meeting strict performance criteria, shall, to the maximum extent practicable at schools and child care programs under the sensibly— and not less than annually, regularly esti- jurisdiction of the local educational agen- ‘‘(A) reduce water use; mate and make available to the public the cies. ‘‘(B) reduce the strain on public and com- production and relative market shares and ‘‘(B) GRANTS TO LOCAL EDUCATIONAL AGEN- munity water systems and wastewater and savings of water, energy, and capital costs of CIES.—The Administrator may make grants stormwater infrastructure; water, wastewater, and stormwater attrib- directly available to local educational agen- ‘‘(C) conserve energy used to pump, heat, utable to the use of WaterSense-labeled cies for the voluntary testing described in transport, and treat water; and products, buildings, landscapes, facilities, subparagraph (A) in— ‘‘(D) preserve water resources for future processes, and services. ‘‘(i) any State that does not participate in generations. ‘‘(d) DISTINCTION OF AUTHORITIES.—In set- the voluntary school and child care lead ‘‘(2) INCLUSIONS.—The Administrator shall, ting or maintaining specifications for En- testing grant program established under that consistent with this section, identify water- ergy Star pursuant to section 324A of the En- subparagraph; and efficient products, buildings, landscapes, fa- ergy Policy and Conservation Act (42 U.S.C. ‘‘(ii) any direct implementation area. cilities, processes, and services, including 6294a), and WaterSense under this section, ‘‘(3) APPLICATION.—To be eligible to receive categories such as— the Secretary of Energy and Administrator a grant under this subsection, a State or ‘‘(A) irrigation technologies and services; shall coordinate to prevent duplicative or local educational agency shall submit to the ‘‘(B) point-of-use water treatment devices; conflicting requirements among the respec- Administrator an application at such time, ‘‘(C) plumbing products; tive programs. in such manner, and containing such infor- ‘‘(D) reuse and recycling technologies; ‘‘(e) NO WARRANTY.—A WaterSense label mation as the Administrator may require. ‘‘(E) landscaping and gardening products, shall not create an express or implied war- ranty.’’. ‘‘(4) LIMITATION ON USE OF FUNDS.—Not including moisture control or water enhanc- more than 4 percent of grant funds accepted ing technologies; SEC. 7113. WATER SUPPLY COST SAVINGS. under this subsection shall be used to pay ‘‘(F) xeriscaping and other landscape con- (a) FINDINGS.—Congress finds that— the administrative costs of carrying out this versions that reduce water use; (1) the United States is facing a drinking subsection. ‘‘(G) whole house humidifiers; and water infrastructure funding crisis; (2) the Environmental Protection Agency ‘‘(5) GUIDANCE; PUBLIC AVAILABILITY.—As a ‘‘(H) water-efficient buildings or facilities. projects a shortfall of approximately condition of receiving a grant under this sub- ‘‘(b) DUTIES.—The Administrator, coordi- section, the State or local educational agen- $384,000,000,000 in funding for drinking water nating as appropriate with the Secretary of infrastructure from 2015 to 2035 and this cy shall ensure that each local educational Energy, shall— agency to which grant funds are distributed funding challenge is particularly acute in ‘‘(1) establish— rural communities in the United States; shall— ‘‘(A) a WaterSense label to be used for ‘‘(A) expend grant funds in accordance (3) there are approximately 52,000 commu- items meeting the certification criteria es- nity water systems in the United States, of with— tablished in accordance with this section; ‘‘(i) the guidance of the Environmental which nearly 42,000 are small community and water systems; Protection Agency entitled ‘3Ts for Reducing ‘‘(B) the procedure, including the methods Lead in Drinking Water in Schools: Revised (4) the Drinking Water Needs Survey con- and means, and criteria by which an item ducted by the Environmental Protection Technical Guidance’ and dated October 2006 may be certified to display the WaterSense (or any successor guidance); or Agency in 2011 placed the shortfall in drink- label; ing water infrastructure funding for small ‘‘(ii) applicable State regulations or guid- ‘‘(2) enhance public awareness regarding ance regarding reducing lead in drinking communities, which consist of 3,300 or fewer the WaterSense label through outreach, edu- persons, at $64,500,000,000; water in schools and child care programs cation, and other means; that is not less stringent than the guidance (5) small communities often cannot finance ‘‘(3) preserve the integrity of the the construction and maintenance of drink- referred to in clause (i); and WaterSense label by— ‘‘(B)(i) make available in the administra- ing water systems because the cost per resi- ‘‘(A) establishing and maintaining feasible dent for the investment would be prohibi- tive offices, and to the maximum extent performance criteria so that products, build- practicable, on the Internet website, of the tively expensive; ings, landscapes, facilities, processes, and (6) drought conditions have placed signifi- local educational agency for inspection by services labeled with the WaterSense label the public (including teachers, other school cant strains on existing surface water sup- perform as well or better than less water-ef- plies; personnel, and parents) a copy of the results ficient counterparts; of any voluntary testing for lead contamina- (7) many communities across the United ‘‘(B) overseeing WaterSense certifications States are considering the use of ground- tion in school and child care program drink- made by third parties; ing water that is carried out with grant water and community well systems to pro- ‘‘(C) as determined appropriate by the Ad- vide drinking water; and funds under this subsection; and ministrator, using testing protocols, from ‘‘(ii) notify parent, teacher, and employee (8) approximately 42,000,000 people in the the appropriate, applicable, and relevant United States receive drinking water from organizations of the availability of the re- consensus standards, for the purpose of de- sults described in clause (i). individual wells and millions more rely on termining standards compliance; and community well systems for drinking water. ‘‘(6) MAINTENANCE OF EFFORT.—If resources ‘‘(D) auditing the use of the WaterSense (b) SENSE OF THE SENATE.—It is the sense are available to a State or local educational label in the marketplace and preventing of the Senate that providing rural commu- agency from any other Federal agency, a cases of misuse; and nities with the knowledge and resources nec- State, or a private foundation for testing for ‘‘(4) not more than 6 years after adoption essary to fully use alternative drinking lead contamination in drinking water, the or major revision of any WaterSense speci- water systems, including wells and commu- State or local educational agency shall dem- fication, review and, if appropriate, revise nity well systems, can provide safe and af- onstrate that the funds provided under this the specification to achieve additional water fordable drinking water to millions of people subsection will not displace those resources. savings; in the United States. ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(5) in revising a WaterSense specifica- (c) DRINKING WATER TECHNOLOGY CLEAR- There is authorized to be appropriated to tion— INGHOUSE.—The Administrator and the Sec- carry out this subsection $20,000,000 for each ‘‘(A) provide reasonable notice to inter- retary of Agriculture shall— of fiscal years 2017 through 2021.’’. ested parties and the public of any changes, (1) update existing programs of the Envi- (b) REPEAL.—Section 1465 of the Safe including effective dates, and an explanation ronmental Protection Agency and the De- Drinking Water Act (42 U.S.C. 300j–25) is re- of the changes; partment of Agriculture designed to provide pealed. ‘‘(B) solicit comments from interested par- drinking water technical assistance to in- SEC. 7112. WATERSENSE PROGRAM. ties and the public prior to any changes; clude information on cost-effective, innova- The Safe Drinking Water Act (42 U.S.C. ‘‘(C) as appropriate, respond to comments tive, and alternative drinking water delivery 300j et seq.) is amended by adding after Part submitted by interested parties and the pub- systems, including systems that are sup- F the following: lic; and ported by wells; and ‘‘PART G—ADDITIONAL PROVISIONS ‘‘(D) provide an appropriate transition (2) disseminate information on the cost ef- ‘‘SEC. 1471. WATERSENSE PROGRAM. time prior to the applicable effective date of fectiveness of alternative drinking water de- ‘‘(a) ESTABLISHMENT OF WATERSENSE PRO- any changes, taking into account the timing livery systems, including wells and well sys- GRAM.— necessary for the manufacture, marketing, tems, to communities and not-for-profit or- ‘‘(1) IN GENERAL.—There is established training, and distribution of the specific ganizations seeking Federal funding for within the Agency a voluntary WaterSense water-efficient product, building, landscape, drinking water systems serving 500 or fewer program to identify and promote water-effi- process, or service category being addressed; persons. cient products, buildings, landscapes, facili- and (d) WATER SYSTEM ASSESSMENT.—Notwith- ties, processes, and services that, through ‘‘(6) not later than December 31, 2018, con- standing any other provision of law, in any voluntary labeling of, or other forms of com- sider for review and revision any WaterSense application for a grant or loan from the Fed- munications regarding, products, buildings, specification adopted before January 1, 2012. eral Government or a State that is using

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(3) by striking subsections (e) through (g) government or organization has considered, ‘‘(iv) Tanks. and inserting the following: as an alternative drinking water supply, ‘‘(v) Flanges. ‘‘(e) ADMINISTRATIVE REQUIREMENTS.— drinking water delivery systems sourced by ‘‘(vi) Pipe clamps and restraints. ‘‘(1) IN GENERAL.—Subject to paragraph (2), publicly owned— ‘‘(vii) Valves. a project that receives grant assistance (1) individual wells; ‘‘(viii) Structural steel. under subsection (a) shall be carried out sub- (2) shared wells; and ‘‘(ix) Reinforced precast concrete. ject to the same requirements as a project (3) community wells. ‘‘(x) Construction materials. that receives assistance from a State water (e) REPORT TO CONGRESS.—Not later than 3 ‘‘(B) REQUIREMENT.—Except as provided in pollution control revolving fund established years after the date of enactment of this subparagraph (C), funds made available by a pursuant to title VI. Act, the Administrator and the Secretary of State loan fund authorized under this sec- ‘‘(2) DETERMINATION OF GOVERNOR.—The re- Agriculture shall submit to Congress a re- tion may not be used for a project for the quirement described in paragraph (1) shall port that describes— construction, alteration, maintenance, or re- not apply to a project that receives grant as- (1) the use of innovative and alternative pair of a public water system unless all the sistance under subsection (a) to the extent drinking water systems described in this sec- iron and steel products used in the project that the Governor of the State in which the tion; are produced in the United States. project is located determines that a require- (2) the range of cost savings for commu- ‘‘(C) EXCEPTION.—Subparagraph (B) shall ment described in title VI is inconsistent nities using innovative and alternative not apply in any case or category of cases in with the purposes of this section. drinking water systems described in this sec- which the Administrator finds that— ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— tion; and ‘‘(i) applying subparagraph (B) would be in- There are authorized to be appropriated to (3) the use of drinking water technical as- consistent with the public interest; carry out this section, to remain available sistance programs operated by the Adminis- ‘‘(ii) iron and steel products are not pro- until expended— trator and the Secretary of Agriculture. duced in the United States in sufficient and ‘‘(1) $250,000,000 for fiscal year 2017; reasonably available quantities and of a sat- SEC. 7114. SMALL SYSTEM TECHNICAL ASSIST- ‘‘(2) $300,000,000 for fiscal year 2018; ANCE. isfactory quality; or ‘‘(3) $350,000,000 for fiscal year 2019; Section 1452(q) of the Safe Drinking Water ‘‘(iii) inclusion of iron and steel products ‘‘(4) $400,000,000 for fiscal year 2020; and Act (42 U.S.C. 300j–12(q)) is amended by strik- produced in the United States will increase ‘‘(5) $500,000,000 for fiscal year 2021. the cost of the overall product by more than ing ‘‘appropriated’’ and all that follows ‘‘(g) ALLOCATION OF FUNDS.— 25 percent. through ‘‘2003’’ and inserting ‘‘made avail- ‘‘(1) FISCAL YEAR 2017 AND 2018.—For each of able for each of fiscal years 2016 through ‘‘(D) PUBLIC NOTICE; WRITTEN JUSTIFICA- fiscal years 2017 and 2018, subject to sub- 2021’’. TION.— section (h), the Administrator shall use the ‘‘(i) PUBLIC NOTICE.—If the Administrator amounts made available to carry out this SEC. 7115. DEFINITION OF INDIAN TRIBE. receives a request for a waiver under this section to provide grants to municipalities Section 1401(14) of the Safe Drinking Water paragraph, the Administrator shall— and municipal entities under subsection Act (42 U.S.C. 300(f)(14)) is amended by strik- ‘‘(I) make available to the public on an in- (a)(2)— ing ‘‘section 1452’’ and inserting ‘‘sections formal basis, including on the public website ‘‘(A) in accordance with the priority cri- 1452, 1459A, and 1459B’’. of the Administrator— teria described in subsection (b); and SEC. 7116. TECHNICAL ASSISTANCE FOR TRIBAL ‘‘(aa) a copy of the request; and ‘‘(B) with additional priority given to pro- WATER SYSTEMS. ‘‘(bb) any information available to the Ad- posed projects that involve the use of— (a) TECHNICAL ASSISTANCE.—Section ministrator regarding the request; and ‘‘(i) nonstructural, low-impact develop- 1442(e)(7) of the Safe Drinking Water Act (42 ‘‘(II) provide notice of, and opportunity for ment; U.S.C. 300j–1(e)(7)) is amended by striking informal public comment on, the request for ‘‘Tribes’’ and inserting ‘‘tribes, including a period of not less than 15 days before mak- ‘‘(ii) water conservation, efficiency, or grants to provide training and operator cer- ing a finding under subparagraph (C). reuse; or ‘‘(iii) other decentralized stormwater or tification services under section 1452(i)(5)’’. ‘‘(ii) WRITTEN JUSTIFICATION.—If, after the (b) INDIAN TRIBES.—Section 1452(i) of the period provided under clause (i), the Admin- wastewater approaches to minimize flows Safe Drinking Water Act (42 U.S.C. 300j–12(i)) istrator makes a finding under subparagraph into the sewer systems. is amended— (C), the Administrator shall publish in the ‘‘(2) FISCAL YEAR 2019 AND THEREAFTER.— (1) in paragraph (1), in the first sentence, Federal Register a written justification as to For fiscal year 2019 and each fiscal year by striking ‘‘Tribes and Alaska Native vil- why subparagraph (B) is being waived. thereafter, subject to subsection (h), the Ad- lages’’ and inserting ‘‘tribes, Alaska Native ‘‘(E) APPLICATION.—This paragraph shall be ministrator shall use the amounts made villages, and, for the purpose of carrying out applied in a manner consistent with United available to carry out this section to provide paragraph (5), intertribal consortia or tribal States obligations under international grants to States under subsection (a)(1) in organizations’’; and agreements. accordance with a formula that— (2) by adding at the end the following: ‘‘(F) MANAGEMENT AND OVERSIGHT.—The ‘‘(A) shall be established by the Adminis- ‘‘(5) TRAINING AND OPERATOR CERTIFI- Administrator may use not more than 0.25 trator, after providing notice and an oppor- CATION.— percent of any funds made available to carry tunity for public comment; and ‘‘(A) IN GENERAL.—The Administrator may out this title for management and oversight ‘‘(B) allocates to each State a proportional use funds made available under this sub- of the requirements of this paragraph.’’. share of the amounts based on the total section and section 1442(e)(7) to make grants Subtitle B—Clean Water needs of the State for municipal combined to intertribal consortia or tribal organiza- sewer overflow controls and sanitary sewer SEC. 7201. SEWER OVERFLOW CONTROL GRANTS. overflow controls, as identified in the most tions for the purpose of providing operations Section 221 of the Federal Water Pollution recent survey— and maintenance training and operator cer- Control Act (33 U.S.C. 1301) is amended— ‘‘(i) conducted under section 210; and tification services to Indian tribes. (1) in subsection (a), by striking the sub- ‘‘(ii) included in a report required under ‘‘(B) ELIGIBLE TRIBAL ORGANIZATIONS.—An section designation and heading and all that section 516(b)(1)(B).’’; and intertribal consortium or tribal organization follows through ‘‘subject to subsection (g), (4) by striking subsection (i). eligible for a grant under subparagraph (A) is the Administrator may’’ in paragraph (2) and an intertribal consortium or tribal organiza- inserting the following: SEC. 7202. SMALL AND MEDIUM TREATMENT tion that— ‘‘(a) AUTHORITY.—The Administrator WORKS. ‘‘(i) is the most qualified to provide train- may— (a) IN GENERAL.—Title II of the Federal ing and technical assistance to Indian tribes; ‘‘(1) make grants to States for the purpose Water Pollution Control Act (33 U.S.C. 1281 and of providing grants to a municipality or mu- et seq.) is amended by adding at the end the ‘‘(ii) Indian tribes determine to be the nicipal entity for planning, designing, and following: most beneficial and effective.’’. constructing— ‘‘SEC. 222. TECHNICAL ASSISTANCE FOR SMALL SEC. 7117. REQUIREMENT FOR THE USE OF ‘‘(A) treatment works to intercept, trans- AND MEDIUM TREATMENT WORKS. AMERICAN MATERIALS. port, control, or treat municipal combined ‘‘(a) DEFINITIONS.—In this section: Section 1452(a) of the Safe Drinking Water sewer overflows and sanitary sewer over- ‘‘(1) MEDIUM TREATMENT WORKS.—The term Act (42 U.S.C. 300j–12(a)) is amended by add- flows; and ‘medium treatment works’ means a publicly ing at the end the following: ‘‘(B) measures to manage, reduce, treat, or owned treatment works serving not fewer ‘‘(4) REQUIREMENT FOR THE USE OF AMER- recapture stormwater or subsurface drainage than 10,001 and not more than 100,000 individ- ICAN MATERIALS.— water; and uals. ‘‘(A) DEFINITION OF IRON AND STEEL PROD- ‘‘(2) subject to subsection (g),’’; ‘‘(2) QUALIFIED NONPROFIT MEDIUM TREAT- UCTS.—In this paragraph, the term ‘iron and (2) in subsection (b)— MENT WORKS TECHNICAL ASSISTANCE PRO- steel products’ means the following products (A) in paragraph (1), by striking the semi- VIDER.—The term ‘qualified nonprofit me- made, in part, of iron or steel: colon at the end and inserting ‘‘; or’’; dium treatment works technical assistance

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provider’ means a qualified nonprofit tech- ‘‘(s) INTEGRATED PLAN PERMITS.— mit term if the schedule of compliance meets nical assistance provider of water and waste- ‘‘(1) DEFINITIONS.—In this subsection: the requirements of section 122.47 of title 40, water services to medium-sized communities ‘‘(A) GREEN INFRASTRUCTURE.—The term Code of Federal Regulations (as in effect on that provides technical assistance (including ‘green infrastructure’ means the range of the date of enactment of this subsection). circuit rider technical assistance programs, measures that use plant or soil systems, per- ‘‘(5) CLARIFICATION OF STATE AUTHORITY.— multi-State, regional assistance programs, meable pavement or other permeable sur- ‘‘(A) IN GENERAL.—Nothing in section and training and preliminary engineering faces or substrates, stormwater harvest and 301(b)(1)(C) precludes a State from author- evaluations) to owners and operators of me- reuse, or landscaping to store, infiltrate, or izing in the water quality standards of the dium treatment works, which may include evapotranspirate stormwater and reduce State the issuance of a schedule of compli- State agencies. flows to sewer systems or to surface waters. ance to meet water quality-based effluent ‘‘(3) QUALIFIED NONPROFIT SMALL TREAT- ‘‘(B) INTEGRATED PLAN.—The term ‘inte- limitations in permits that incorporate pro- MENT WORKS TECHNICAL ASSISTANCE PRO- grated plan’ has the meaning given in Part visions of an integrated plan. VIDER.—The term ‘qualified nonprofit small III of the Integrated Municipal Stormwater ‘‘(B) TRANSITION RULE.—In any case in treatment works technical assistance pro- and Wastewater Planning Approach Frame- which a discharge is subject to a judicial vider’ means a nonprofit organization that, work, issued by the Environmental Protec- order or consent decree as of the date of en- as determined by the Administrator— tion Agency and dated June 5, 2012. actment of the Water Resources Develop- ‘‘(A) is the most qualified and experienced ‘‘(C) MUNICIPAL DISCHARGE.— ment Act of 2016 resolving an enforcement in providing training and technical assist- ‘‘(i) IN GENERAL.—The term ‘municipal dis- action under this Act, any schedule of com- ance to small treatment works; and charge’ means a discharge from a treatment pliance issued pursuant to an authorization ‘‘(B) the small treatment works in the works (as defined in section 212) or a dis- in a State water quality standard shall not State finds to be the most beneficial and ef- charge from a municipal storm sewer under revise or otherwise affect a schedule of com- fective. subsection(p). pliance in that order or decree unless the ‘‘(4) SMALL TREATMENT WORKS.—The term ‘‘(ii) INCLUSION.—The term ‘municipal dis- order or decree is modified by agreement of ‘small treatment works’ means a publicly charge’ includes a discharge of wastewater or the parties and the court.’’. storm water collected from multiple munici- owned treatment works serving not more (b) MUNICIPAL OMBUDSMAN.— palities if the discharge is covered by the than 10,000 individuals. (1) ESTABLISHMENT.—There is established ‘‘(b) TECHNICAL ASSISTANCE.—The Adminis- same permit issued under this section. within the Office of the Administrator an Of- trator may use amounts made available to ‘‘(2) INTEGRATED PLAN.— fice of the Municipal Ombudsman. ‘‘(A) IN GENERAL.—The Administrator (or a carry out this section to provide grants or (2) GENERAL DUTIES.—The duties of the mu- State, in the case of a permit program ap- cooperative agreements to qualified non- nicipal ombudsman shall include the provi- proved under subsection (b)) shall inform a profit small treatment works technical as- sion of— municipal permittee or multiple municipal sistance providers and grants or cooperative (A) technical assistance to municipalities permittees of the opportunity to develop an agreements to qualified nonprofit medium seeking to comply with the Federal Water integrated plan. treatment works technical assistance pro- Pollution Control Act (33 U.S.C. 1251 et seq.) ‘‘(B) SCOPE OF PERMIT INCORPORATING INTE- viders to provide to owners and operators of and the Safe Drinking Water Act (42 U.S.C. GRATED PLAN.—A permit issued under this small and medium treatment works onsite 300f et seq.); and subsection that incorporates an integrated technical assistance, circuit-rider technical (B) information to the Administrator to assistance programs, multi-State, regional plan may integrate all requirements under this Act addressed in the integrated plan, in- help the Administrator ensure that agency technical assistance programs, and onsite policies are implemented by all offices of the and regional training, to assist the treat- cluding requirements relating to— ‘‘(i) a combined sewer overflow; Environmental Protection Agency, including ment works in achieving compliance with regional offices. this Act or obtaining financing under this ‘‘(ii) a capacity, management, operation, and maintenance program for sanitary sewer (3) ACTIONS REQUIRED.—The municipal om- Act for eligible projects. budsman shall work with appropriate offices ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— collection systems; at the headquarters and regional offices of There are authorized to be appropriated to ‘‘(iii) a municipal stormwater discharge; the Environmental Protection Agency to en- carry out this section— ‘‘(iv) a municipal wastewater discharge; sure that the municipality seeking assist- ‘‘(1) for grants for small treatment works and ance is provided information— technical assistance, $15,000,000 for each of ‘‘(v) a water quality-based effluent limita- (A) about available Federal financial as- fiscal years 2017 through 2021; and tion to implement an applicable wasteload sistance for which the municipality is eligi- ‘‘(2) for grants for medium treatment allocation in a total maximum daily load. ble; works technical assistance, $10,000,000 for ‘‘(3) COMPLIANCE SCHEDULES.— (B) about flexibility available under the each of fiscal years 2017 through 2021.’’. ‘‘(A) IN GENERAL.—A permit for a munic- Federal Water Pollution Control Act (33 (b) WATER POLLUTION CONTROL REVOLVING ipal discharge by a municipality that incor- U.S.C. 1251 et seq.) and, if applicable, the LOAN FUNDS.— porates an integrated plan may include a Safe Drinking Water Act (42 U.S.C. 300f et (1) IN GENERAL.—Section 603 of the Federal schedule of compliance, under which actions Water Pollution Control Act (33 U.S.C. 1383) taken to meet any applicable water quality- seq.); and is amended— based effluent limitation may be imple- (C) regarding the opportunity to develop (A) in subsection (d)— mented over more than 1 permit term if the an integrated plan, as defined in section (i) in the matter preceding paragraph (1), compliance schedules are authorized by 402(s)(1)(B) of the Federal Water Pollution by inserting ‘‘and as provided in subsection State water quality standards. Control Act (as added by subsection (a)). (e)’’ after ‘‘State law’’; ‘‘(B) INCLUSION.—Actions subject to a com- (4) PRIORITY.—In carrying out paragraph (ii) by redesignating subsections (e) pliance schedule under subparagraph (A) (3), the municipal ombudsman shall give pri- through (i) as subsections (f) through (j), re- may include green infrastructure if imple- ority to any municipality that demonstrates spectively; and mented as part of a water quality-based ef- affordability concerns relating to compli- (iii) by inserting after subsection (d) the fluent limitation. ance with the Federal Water Pollution Con- following: ‘‘(C) REVIEW.—A schedule of compliance trol Act (33 U.S.C. 1251 et seq.) or the Safe ‘‘(e) ADDITIONAL USE OF FUNDS.—A State may be reviewed each time the permit is re- Drinking Water Act (42 U.S.C. 300f et seq.). may use an additional 2 percent of the funds newed. (5) INFORMATION SHARING.—The municipal annually allotted to the State under this ‘‘(4) EXISTING AUTHORITIES RETAINED.— ombudsman shall publish on the website of section for qualified nonprofit small treat- ‘‘(A) APPLICABLE STANDARDS.—Nothing in the Environmental Protection Agency— ment works technical assistance providers this subsection modifies any obligation to (A) general information relating to— and qualified nonprofit medium treatment comply with applicable technology and (i) the technical assistance referred to in works technical assistance providers (as water quality-based effluent limitations paragraph (2)(A); those terms are defined in section 222) to under this Act. (ii) the financial assistance referred to in provide technical assistance to small treat- ‘‘(B) FLEXIBILITY.—Nothing in this sub- paragraph (3)(A); ment works and medium treatment works section reduces or eliminates any flexibility (iii) the flexibility referred to in paragraph (as those terms are defined in section 222) in available under this Act, including the au- 3(B); and the State.’’. thority of— (iv) any resources related to integrated (2) CONFORMING AMENDMENT.—Section ‘‘(i) a State to revise a water quality plans developed by the Administrator; and 221(d) of the Federal Water Pollution Control standard after a use attainability analysis (B) a copy of each permit, order, or judicial Act (33 U.S.C. 1301(d)) is amended by striking under section 131.10(g) of title 40, Code of consent decree that implements or incor- ‘‘section 603(h)’’ and inserting ‘‘section Federal Regulations (as in effect on the date porates an integrated plan. 603(i)’’. of enactment of this subsection), subject to (c) MUNICIPAL ENFORCEMENT.—Section 309 SEC. 7203. INTEGRATED PLANS. the approval of the Administrator under sec- of the Federal Water Pollution Control Act (a) INTEGRATED PLANS.—Section 402 of the tion 303(c); and (33 U.S.C. 1319) is amended by adding at the Federal Water Pollution Control Act (33 ‘‘(ii) the Administrator or a State to au- end the following: U.S.C. 1342) is amended by adding at the end thorize a schedule of compliance that ex- ‘‘(h) IMPLEMENTATION OF INTEGRATED the following: tends beyond the date of expiration of a per- PLANS THROUGH ENFORCEMENT TOOLS.—

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‘‘(1) IN GENERAL.—In conjunction with an green infrastructure information-sharing, in- (2) CONSULTATION.—Any revised guidance enforcement action under subsection (a) or cluding through an Internet website, to issued to replace the guidance shall be devel- (b) relating to municipal discharges, the Ad- share information with, and provide tech- oped in consultation with stakeholders. ministrator shall inform a municipality of nical assistance to, State, tribal, and local (e) PUBLICATION AND SUBMISSION.— the opportunity to develop an integrated governments, tribal communities, the pri- (1) IN GENERAL.—On completion of the revi- plan, as defined in section 402(s). vate sector, and the public regarding green sion of the guidance, the Administrator shall ‘‘(2) MODIFICATION.—Any municipality infrastructure approaches for— publish in the Federal Register and submit under an administrative order under sub- ‘‘(1) reducing water pollution; to the Committee on Environment and Pub- section (a) or settlement agreement (includ- ‘‘(2) protecting water resources; lic Works of the Senate and the Committee ing a judicial consent decree) under sub- ‘‘(3) complying with regulatory require- on Transportation and Infrastructure of the section (b) that has developed an integrated ments; and House of Representatives the revised guid- plan consistent with section 402(s) may re- ‘‘(4) achieving other environmental, public ance. quest a modification of the administrative health, and community goals.’’. (2) EXPLANATION.—If the Administrator order or settlement agreement based on that SEC. 7205. FINANCIAL CAPABILITY GUIDANCE. makes a determination not to follow 1 or integrated plan.’’. (a) DEFINITIONS.—In this section: more recommendations of the study referred (d) REPORT TO CONGRESS.—Not later than 2 (1) AFFORDABILITY.—The term ‘‘afford- to in subsection (c)(1), the Administrator years after the date of enactment of this ability’’ means, with respect to payment of a shall include in the publication and submis- Act, the Administrator shall submit to the utility bill, a measure of whether an indi- sion under paragraph (1) an explanation of Committee on Environment and Public vidual customer or household can pay the that decision. (f) EFFECT.—Nothing in this section pre- Works of the Senate and the Committee on bill without undue hardship or unreasonable empts or interferes with any obligation to Transportation and Infrastructure of the sacrifice in the essential lifestyle or spend- comply with any Federal law, including the House of Representatives and make publicly ing patterns of the individual or household, Federal Water Pollution Control Act (33 available a report on each integrated plan as determined by the Administrator. developed and implemented through a per- U.S.C. 1251 et seq.). (2) FINANCIAL CAPABILITY.—The term ‘‘fi- SEC. 7206. CHESAPEAKE BAY GRASS SURVEY. mit, order, or judicial consent decree since nancial capability’’ means the financial ca- There is authorized to be appropriated to the date of publication of the ‘‘Integrated pability of a community to make invest- the Administrator for the Chesapeake Bay Municipal Stormwater and Wastewater Plan- ments necessary to make water quality or Grass Survey $150,000 for fiscal year 2017 and ning Approach Framework’’ issued by the drinking water improvements. Environmental Protection Agency and dated each fiscal year thereafter. (3) GUIDANCE.—The term ‘‘guidance’’ means June 5, 2012, including a description of the SEC. 7207. GREAT LAKES HARMFUL ALGAL the guidance published by the Administrator BLOOM COORDINATOR. control measures, levels of control, esti- entitled ‘‘Combined Sewer Overflows—Guid- mated costs, and compliance schedules for The Administrator, acting as the chair of ance for Financial Capability Assessment the Great Lakes Interagency Task Force, the requirements implemented through an and Schedule Development’’ and dated Feb- integrated plan. shall appoint a coordinator to work with ap- ruary 1997, as applicable to the combined propriate Federal agencies and State, local, SEC. 7204. GREEN INFRASTRUCTURE PRO- sewer overflows and sanitary sewer overflows MOTION. tribal, and foreign governments to coordi- guidance published by the Administrator en- Title V of the Federal Water Pollution nate efforts to address the issue of harmful titled ‘‘Financial Capability Assessment Control Act (33 U.S.C. 1361 et seq.) is amend- algal blooms in the Great Lakes. Framework’’ and dated November 24, 2014. ed— Subtitle C—Innovative Financing and (b) USE OF MEDIAN HOUSEHOLD INCOME.— (1) by redesignating section 519 (33 U.S.C. Promotion of Innovative Technologies The Administrator shall not use median 1251 note) as section 520; and household income as the sole indicator of af- SEC. 7301. WATER INFRASTRUCTURE PUBLIC-PRI- (2) by inserting after section 518 (33 U.S.C. VATE PARTNERSHIP PILOT PRO- fordability for a residential household. 1377) the following: GRAM. (c) REVISED GUIDANCE.— ‘‘SEC. 519. ENVIRONMENTAL PROTECTION AGEN- Section 5014(c) of the Water Resources Re- (1) IN GENERAL.—Not later than 1 year after CY GREEN INFRASTRUCTURE PRO- form and Development Act of 2014 (33 U.S.C. MOTION. the date of completion of the National Acad- 2201 note; Public Law 113–121) is amended by ‘‘(a) IN GENERAL.—The Administrator shall emy of Public Administration study to es- striking ‘‘Any activity undertaken under ensure that the Office of Water, the Office of tablish a definition and framework for com- this section is authorized only to the extent’’ Enforcement and Compliance Assurance, the munity affordability required by Senate Re- and inserting ‘‘Nothing in this section obli- Office of Research and Development, and the port 114–70, accompanying S. 1645 (114th Con- gates the Secretary to expend funds unless’’. Office of Policy of the Environmental Pro- gress), the Administrator shall revise the SEC. 7302. WATER INFRASTRUCTURE FINANCE tection Agency promote the use of green in- guidance described in subsection (a)(3). AND INNOVATION. frastructure in and coordinate the integra- (2) USE OF GUIDANCE.—Beginning on the (a) AUTHORITY TO PROVIDE ASSISTANCE.— tion of green infrastructure into, permitting date on which the revised guidance referred Section 5023(b)(2) of the Water Infrastructure programs, planning efforts, research, tech- to in paragraph (1) is finalized, the Adminis- Finance and Innovation Act of 2014 (33 U.S.C. nical assistance, and funding guidance. trator shall use the revised guidance in lieu 3902(b)(2)) is amended by striking ‘‘carry ‘‘(b) DUTIES.—The Administrator shall en- of the guidance described in subsection out’’ and inserting ‘‘provide financial assist- sure that the Office of Water— (a)(3). ance to carry out’’. ‘‘(1) promotes the use of green infrastruc- (d) CONSIDERATION AND CONSULTATION.— (b) PROJECTS ELIGIBLE FOR ASSISTANCE.— ture in the programs of the Environmental (1) CONSIDERATION.—In revising the guid- (1) IN GENERAL.—Section 5026 of the Water Protection Agency; and ance, the Administrator shall consider— Infrastructure Finance and Innovation Act ‘‘(2) coordinates efforts to increase the use (A) the recommendations of the study re- of 2014 (33 U.S.C. 3905) is amended— of green infrastructure with— ferred to in subsection (c) and any other rel- (A) in paragraph (6)— ‘‘(A) other Federal departments and agen- evant study, as determined by the Adminis- (i) by striking ‘‘desalination project’’ and cies; trator; inserting ‘‘desalination project, including ‘‘(B) State, tribal, and local governments; (B) local economic conditions, including chloride control’’; and and site-specific local conditions that should be (ii) by striking ‘‘or a water recycling ‘‘(C) the private sector. taken into consideration in analyzing finan- project’’ and inserting ‘‘a water recycling ‘‘(c) REGIONAL GREEN INFRASTRUCTURE cial capability; project, or a project to provide alternative PROMOTION.—The Administrator shall direct (C) other essential community invest- water supplies to reduce aquifer depletion’’; each regional office of the Environmental ments; (B) by redesignating paragraphs (7), (8), Protection Agency, as appropriate based on (D) potential adverse impacts on distressed and (9) as paragraphs (8), (9), and (10), respec- local factors, and consistent with the re- populations, including the percentage of low- tively; quirements of this Act, to promote and inte- income ratepayers within the service area of (C) by inserting after paragraph (6) the fol- grate the use of green infrastructure within a utility and impacts in communities with lowing: the region that includes— disparate economic conditions throughout ‘‘(7) A project to prevent, reduce, or miti- ‘‘(1) outreach and training regarding green the entire service area of a utility; gate the effects of drought, including infrastructure implementation for State, (E) the degree to which rates of low-income projects that enhance the resilience of tribal, and local governments, tribal commu- consumers would be affected by water infra- drought-stricken watersheds.’’; and nities, and the private sector; and structure investments and the use of rate (D) in paragraph (10) (as redesignated by ‘‘(2) the incorporation of green infrastruc- structures to address the rates of low-income subparagraph (B)), by striking ‘‘or (7)’’ and ture into permitting and other regulatory consumers; inserting ‘‘(7), or (8)’’. programs, codes, and ordinance development, (F) an evaluation of an array of factors, (2) CONFORMING AMENDMENTS.— including the requirements under consent the relative importance of which may vary (A) Section 5023(b) of the Water Infrastruc- decrees and settlement agreements in en- across regions and localities; and ture Finance and Innovation Act of 2014 (33 forcement actions. (G) the appropriate weight for economic, U.S.C. 3902(b)) is amended— ‘‘(d) GREEN INFRASTRUCTURE INFORMATION- public health, and environmental benefits (i) in paragraph (2), by striking ‘‘and (8)’’ SHARING.—The Administrator shall promote associated with improved water quality. and inserting ‘‘(7), and (9)’’; and

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.027 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5553 (ii) in paragraph (3), by striking ‘‘para- ‘‘SEC. 5034. REPORTS ON PROGRAM IMPLEMEN- Administrator provides a label designed in graph (7) or (9)’’ and inserting ‘‘paragraph (8) TATION.’’. consultation with manufacturers, producers, or (10)’’. (4) The table of contents for the Water Re- and importers suitable for placement on (B) Section 5024(b) of the Water Infrastruc- sources Reform and Development Act of 2014 products to inform consumers that the man- ture Finance and Innovation Act of 2014 (33 (Public Law 113–121) is amended— ufacturer, producer, or importer of the prod- U.S.C. 3903(b)) is amended by striking ‘‘para- (A) by striking the item relating to sub- uct, and other stakeholders, participates in graph (8) or (9)’’ and inserting ‘‘paragraph (9) title C of title V and inserting the following: the Fund. or (10)’’. ‘‘Subtitle C—Innovative Financing (2) FEE.—The Administrator shall provide (C) Section 5027(3) of the Water Infrastruc- Projects’’.; and a label for a fee of 3 cents per unit. (g) EPA STUDY ON WATER PRICING.— ture Finance and Innovation Act of 2014 (33 (B) by striking the item relating to section (1) STUDY.—The Administrator, with par- U.S.C. 3906(3)) is amended by striking ‘‘sec- 5034 and inserting the following: ticipation by the States, shall conduct a tion 5026(7)’’ and inserting ‘‘section 5026(8)’’. ‘‘Sec. 5034. Reports on program implementa- (D) Section 5028 of the Water Infrastruc- study to— tion.’’. (A) assess the affordability gap faced by ture Finance and Innovation Act of 2014 (33 (f) SENSE OF THE SENATE.—It is the sense of U.S.C. 3907) is amended— low-income populations located in urban and the Senate that— rural areas in obtaining services from clean (i) in subsection (a)(1)(E)— (1) appropriations made available to carry water and drinking water systems; and (I) by striking ‘‘section 5026(9)’’ and insert- out the Water Infrastructure Finance and In- (B) analyze options for programs to provide ing ‘‘section 5026(10)’’; and novation Act of 2014 (33 U.S.C. 3901 et seq.) incentives for rate adjustments at the local (II) by striking ‘‘section 5026(8)’’ and in- should be in addition to robust funding for level to achieve ‘‘full cost’’ or ‘‘true value’’ serting ‘‘section 5026(9)’’; and the State water pollution control revolving pricing for such services, while protecting (ii) in subsection (b)(3), by striking ‘‘sec- funds established under title VI of the Fed- low-income ratepayers from undue burden. tion 5026(8)’’ and inserting ‘‘section 5026(9)’’. eral Water Pollution Control Act (33 U.S.C. (2) REPORT.—Not later than 180 days after (c) DETERMINATION OF ELIGIBILITY AND 1381 et seq.) and State drinking water treat- the date of enactment of this Act, the Ad- PROJECT SELECTION.—Section 5028(b)(2)(F) of ment revolving loan funds established under ministrator shall submit to the Committee the Water Infrastructure Finance and Inno- section 1452 of the Safe Drinking Water Act on the Environment and Public Works of the (42 U.S.C. 300j–12); and vation Act of 2014 (33 U.S.C. 3907(b)(2)(F)) is Senate and the Committee on Transpor- (2) the appropriations made available for amended— tation and Infrastructure and the Committee the funds referred to in paragraph (1) should on Energy and Commerce of the House of (1) in clause (i), by striking ‘‘or’’ at the not decrease for any fiscal year. end; and Representatives a report on the results of SEC. 7303. WATER INFRASTRUCTURE INVEST- the study. (2) by striking clause (ii) and inserting the MENT TRUST FUND. following: SEC. 7304. INNOVATIVE WATER TECHNOLOGY (a) CREATION OF TRUST FUND.—There is es- ‘‘(ii) helps maintain or protect the environ- GRANT PROGRAM. tablished in the Treasury of the United (a) DEFINITION OF ELIGIBLE ENTITY.—In this ment; States a trust fund to be known as the section, the term ‘‘eligible entity’’ means— ‘‘(iii) resists hazards due to a natural dis- ‘‘Water Infrastructure Investment Trust (1) a public utility, including publicly aster; Fund’’ (referred to in this section as the owned treatment works and clean water sys- ‘‘(iv) continues to serve the primary func- ‘‘Fund’’), consisting of such amounts as may tems; tion of the water resources infrastructure be appropriated to or deposited in such fund (2) a unit of local government, including a project following a natural disaster; as provided in this section. municipality or a joint powers authority; ‘‘(v) reduces the magnitude or duration of (b) TRANSFERS TO TRUST FUND.—The Sec- (3) a private entity, including a farmer or a disruptive event to a water resources infra- retary of the Treasury (referred to in this manufacturer; structure project; or section as the ‘‘Secretary’’) shall deposit in (4) an institution of higher education; ‘‘(vi) has the absorptive, adaptive, and re- the Fund amounts equal to the fees received (5) a research institution or foundation; coverable capacities to withstand a poten- before January 1, 2022, under subsection (6) a State; tially disruptive event.’’. (f)(2). (7) a regional organization; or (d) TERMS AND CONDITIONS.—Section 5029(b) (c) EXPENDITURES.—Amounts in the Fund, (8) a nonprofit organization. of the Water Infrastructure Finance and In- including interest earned and advances to (b) GRANT PROGRAM AUTHORIZED.—The Ad- the Fund and proceeds from investment novation Act of 2014 (33 U.S.C. 3908(b)) is ministrator shall carry out a grant program under subsection (d), shall be available for for purposes described in subsection (c) to ac- amended— expenditure, without further appropriation, celerate the development of innovative (1) in paragraph (7)— as follows: water technologies that address pressing (A) by striking ‘‘The Secretary’’ and in- (1) 50 percent of the amounts shall be avail- water challenges. serting the following: able to the Administrator for making cap- (c) GRANTS.—In carrying out the program ‘‘(A) IN GENERAL.—Except as provided in italization grants under section 601 of the under subsection (b), the Administrator shall subparagraph (B), the Secretary’’; and Federal Water Pollution Control Act (33 make to eligible entities grants that— (B) by adding at the end the following: U.S.C. 1381). (1) finance projects to develop, deploy, ‘‘(B) FINANCING FEES.—On request of an eli- (2) 50 percent of the amounts shall be avail- test, and improve emerging water tech- gible entity, the Secretary or the Adminis- able to the Administrator for making cap- nologies; trator, as applicable, shall allow the fees italization grants under section 1452 of the (2) fund entities that provide technical as- under subparagraph (A) to be financed as Safe Drinking Water Act (42 U.S.C. 300j–12). sistance to deploy innovative water tech- part of the loan.’’; and (d) INVESTMENT.—Amounts in the Fund nologies more broadly, especially— (2) by adding at the end the following: shall be invested in accordance with section (A) to increase adoption of innovative ‘‘(10) CREDIT.—Any eligible project costs 9702 of title 31, United States Code, and any water technologies in— incurred and the value of any integral in- interest on, and proceeds from, any such in- (i) municipal drinking water and waste- kind contributions made before receipt of as- vestment shall be available for expenditure water treatment systems; sistance under this subtitle shall be credited in accordance with this section. (ii) areas served by private wells; or toward the 51 percent of project costs to be (e) LIMITATION ON EXPENDITURES.— (iii) water supply systems in arid areas provided by sources of funding other than a Amounts in the Fund may not be made that are experiencing, or have recently expe- secured loan under this subtitle (as described available for a fiscal year under subsection rienced, prolonged drought conditions; and in paragraph (2)(A).’’. (c) unless the sum of the funds appropriated (B) in a manner that reduces ratepayer or (e) REMOVAL OF PILOT DESIGNATION.— to the Clean Water State Revolving Fund community costs over time, including the (1) Subtitle C of title V of the Water Re- and the Safe Drinking Water State Revolv- cost of future capital investments; or sources Reform and Development Act of 2014 ing Fund through annual capitalization (3) support technologies that, as deter- (33 U.S.C. 3901 et seq.) is amended by striking grants is not less than the average of the mined by the Administrator— the subtitle designation and heading and in- sum of the annual amounts provided in cap- (A) improve water quality of a water serting the following: italization grants under section 601 of the source; Federal Water Pollution Control Act (33 (B) improve the safety and security of a ‘‘Subtitle C—Innovative Financing Projects’’. U.S.C. 1381) and section 1452 of the Safe drinking water delivery system; (2) Section 5023 of the Water Infrastructure Drinking Water Act (42 U.S.C. 300j–12) for the (C) minimize contamination of drinking Finance and Innovation Act of 2014 (33 U.S.C. 5-fiscal-year period immediately preceding water and drinking water sources, including 3092) is amended by striking ‘‘pilot’’ each such fiscal year. contamination by lead, bacteria, chlorides, place it appears. (f) VOLUNTARY LABELING SYSTEM.— and nitrates; (3) Section 5034 of the Water Infrastructure (1) IN GENERAL.—The Administrator, in (D) improve the quality and timeliness and Finance and Innovation Act of 2014 (33 U.S.C. consultation with the Administrator of the decrease the cost of drinking water quality 3913) is amended by striking the section des- Food and Drug Administration, manufactur- tests, especially technologies that can be de- ignation and heading and inserting the fol- ers, producers, and importers, shall develop ployed within water systems and at indi- lowing: and implement a program under which the vidual faucets to provide accurate real-time

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.027 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5554 CONGRESSIONAL RECORD — SENATE September 12, 2016 tests of water quality, especially with re- (2) in subsection (c)— nologies, including improved energy recov- spect to lead, bacteria, and nitrate content; (A) by striking ‘‘From the’’ and inserting ery systems and renewable energy-powered (E) increase water supplies in arid areas the following: desalination systems that could signifi- that are experiencing, or have recently expe- ‘‘(1) IN GENERAL.—From the’’; and cantly reduce desalination costs; rienced, prolonged drought conditions; (B) by adding at the end the following: ‘‘(5) to develop portable or modular desali- (F) treat edge-of-field runoff to improve ‘‘(2) REPORT.—Not later than December 31 nation units capable of providing temporary water quality; of each fiscal year, the Secretary shall sub- emergency water supplies for domestic or (G) treat agricultural, municipal, and in- mit to the Committee on Environment and military deployment purposes; and dustrial wastewater; Public Works of the Senate, the Committee ‘‘(6) to develop and promote innovative de- (H) recycle or reuse water; on the Budget of the Senate, the Committee salination technologies, including chloride (I) manage urban storm water runoff; on Transportation and Infrastructure of the control, identified by the Secretary.’’. (J) reduce sewer or stormwater overflows; House of Representatives, and the Com- (b) DESALINATION DEMONSTRATION AND DE- (K) conserve water; mittee on the Budget of the House of Rep- VELOPMENT.—Section 4 of the Water Desali- (L) improve water quality by reducing sa- resentatives a report regarding the compli- nation Act of 1996 (42 U.S.C. 10301 note; Pub- linity; ance of each funding recipient with this sub- lic Law 104–298) is amended by adding at the (M) mitigate air quality impacts associ- section for the immediately preceding fiscal end the following: ated with declining water resources; year.’’; ‘‘(c) PRIORITIZATION.—In carrying out dem- (N) address treatment byproduct and brine (3) by striking subsection (e) and inserting onstration and development activities under disposal alternatives; or the following: this section, the Secretary shall prioritize (O) address urgent water quality and ‘‘(e) EVALUATION OF WATER RESOURCES RE- projects— human health needs. SEARCH PROGRAM.— ‘‘(1) for the benefit of drought-stricken (d) PRIORITY FUNDING.—In making grants ‘‘(1) IN GENERAL.—The Secretary shall con- States and communities; under this section, the Administrator shall duct a careful and detailed evaluation of ‘‘(2) for the benefit of States that have au- give priority to projects that have the poten- each institute at least once every 3 years to thorized funding for research and develop- tial— determine— ment of desalination technologies and (1) to provide substantial cost savings ‘‘(A) the quality and relevance of the water projects; across a sector; resources research of the institute; ‘‘(3) that can reduce reliance on imported ‘‘(B) the effectiveness of the institute at (2) to significantly improve human health water supplies that have an impact on spe- producing measured results and applied or the environment; or cies listed under the Endangered Species Act water supply research; and (3) to provide additional water supplies of 1973 (16 U.S.C. 1531 et seq.); and ‘‘(C) whether the effectiveness of the insti- with minimal environmental impact. ‘‘(4) that demonstrably leverage the experi- (e) COST-SHARING.—The Federal share of tute as an institution for planning, con- ence of international partners with consider- the cost of activities carried out using a ducting, and arranging for research warrants able expertise in desalination, such as the grant made under this section shall be not continued support under this section. State of Israel.’’. more than 65 percent. ‘‘(2) PROHIBITION ON FURTHER SUPPORT.—If, (c) AUTHORIZATION OF APPROPRIATIONS.— (f) LIMITATION.—The maximum amount of as a result of an evaluation under paragraph Section 8 of the Water Desalination Act of a grant provided to a project under this sec- (1), the Secretary determines that an insti- 1996 (42 U.S.C. 10301 note; Public Law 104–298) tion shall be $5,000,000. tute does not qualify for further support is amended— (g) REPORT.—Each year, the Administrator under this section, no further grants to the (1) in the first sentence of subsection (a)— shall submit to Congress and make publicly institute may be provided until the quali- available on the website of the Adminis- (A) by striking ‘‘$5,000,000’’ and inserting fications of the institute are reestablished to trator a report that describes any advance- ‘‘$8,000,000’’; and the satisfaction of the Secretary.’’; ments during the previous year in develop- (B) by striking ‘‘2013’’ and inserting ‘‘2021’’; (4) in subsection (f)(1), by striking ment of innovative water technologies made and ‘‘$12,000,000 for each of fiscal years 2007 as a result of funding provided under this (2) in subsection (b), by striking ‘‘for each through 2011’’ and inserting ‘‘$7,500,000 for section. of fiscal years 2012 through 2013’’ and insert- each of fiscal years 2017 through 2021’’; and (h) AUTHORIZATION OF APPROPRIATIONS.— ing ‘‘for each of fiscal years 2017 through (5) in subsection (g)(1), in the first sen- There is authorized to be appropriated to 2021’’. tence, by striking ‘‘$6,000,000 for each of fis- carry out this section $50,000,000 for each fis- (d) CONSULTATION.—Section 9 of the Water cal years 2007 through 2011’’ and inserting cal year. Desalination Act of 1996 (42 U.S.C. 10301 note; ‘‘$1,500,000 for each of fiscal years 2017 (i) FUNDING.—Out of any funds in the Public Law 104–298) is amended— through 2021’’. Treasury not otherwise appropriated, the (1) by striking the section designation and Secretary of the Treasury shall transfer to SEC. 7306. REAUTHORIZATION OF WATER DESALI- heading and all that follows through ‘‘In car- NATION ACT OF 1996. the Administrator to provide grants to eligi- rying out’’ in the first sentence and inserting (a) AUTHORIZATION OF RESEARCH AND STUD- ble entities under this section $10,000,000, to the following: remain available until expended. IES.—Section 3 of the Water Desalination Act ‘‘SEC. 9. CONSULTATION AND COORDINATION. SEC. 7305. WATER RESOURCES RESEARCH ACT of 1996 (42 U.S.C. 10301 note; Public Law 104– AMENDMENTS. 298) is amended— ‘‘(a) CONSULTATION.—In carrying out’’; (a) CONGRESSIONAL FINDINGS AND DECLARA- (1) in subsection (a)— (2) in the second sentence, by striking TIONS.—Section 102 of the Water Resources (A) in paragraph (6), by striking ‘‘and’’ at ‘‘The authorization’’ and inserting the fol- Research Act of 1984 (42 U.S.C. 10301) is the end; lowing: amended— (B) in paragraph (7), by striking the period ‘‘(c) OTHER DESALINATION PROGRAMS.—The (1) by redesignating paragraphs (7) through at the end and inserting a semicolon; and authorization’’; and (9) as paragraphs (8) through (10), respec- (C) by adding at the end the following: (3) by inserting after subsection (a) (as des- tively; ‘‘(8) development of metrics to analyze the ignated by paragraph (1)) the following: (2) in paragraph (8) (as so redesignated), by costs and benefits of desalination relative to ‘‘(b) COORDINATION OF FEDERAL DESALINA- striking ‘‘and’’ at the end; and other sources of water (including costs and TION RESEARCH AND DEVELOPMENT.—The (3) by inserting after paragraph (6) the fol- benefits related to associated infrastructure, White House Office of Science and Tech- lowing: energy use, environmental impacts, and di- nology Policy shall develop a coordinated ‘‘(7) additional research is required to in- versification of water supplies); and strategic plan that— crease the effectiveness and efficiency of new ‘‘(9) development of design and siting spec- ‘‘(1) establishes priorities for future Fed- and existing treatment works through alter- ifications that avoid, minimize, or offset ad- eral investments in desalination; native approaches, including— verse social, economic, and environmental ‘‘(2) coordinates the activities of Federal ‘‘(A) nonstructural alternatives; impacts.’’; and agencies involved in desalination, including ‘‘(B) decentralized approaches; (2) by adding at the end the following: the Bureau of Reclamation, the Corps of En- ‘‘(C) water use efficiency and conservation; ‘‘(e) PRIORITIZATION.—In carrying out this gineers, the Tank Auto- and section, the Secretary shall prioritize fund- motive Research, Development and Engi- ‘‘(D) actions to reduce energy consumption ing for research— neering Center, the National Science Foun- or extract energy from wastewater;’’. ‘‘(1) to reduce energy consumption and dation, the Office of Naval Research of the (b) WATER RESOURCES RESEARCH AND TECH- lower the cost of desalination, including Department of Defense, the National Labora- NOLOGY INSTITUTES.—Section 104 of the chloride control; tories of the Department of Energy, the Water Resources Research Act of 1984 (42 ‘‘(2) to reduce the environmental impacts United States Geological Survey, the Envi- U.S.C. 10303) is amended— of seawater desalination and develop tech- ronmental Protection Agency, and the Na- (1) in subsection (b)(1)— nology and strategies to minimize those im- tional Oceanic and Atmospheric Administra- (A) in subparagraph (B)(ii), by striking pacts; tion; ‘‘water-related phenomena’’ and inserting ‘‘(3) to improve existing reverse osmosis ‘‘(3) strengthens research and development ‘‘water resources’’; and and membrane technology; cooperation with international partners, (B) in subparagraph (D), by striking the pe- ‘‘(4) to carry out basic and applied research such as the State of Israel, in the area of de- riod at the end and inserting ‘‘; and’’; on next generation desalination tech- salination technology; and

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.027 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5555 ‘‘(4) promotes public-private partnerships SEC. 7308. INNOVATION IN STATE WATER POLLU- facilitate and encourage the provision of fi- to develop a framework for assessing needs TION CONTROL REVOLVING LOAN nancial assistance for the deployment of in- for, and to optimize siting and design of, fu- FUNDS. novative water technologies. ture ocean desalination projects.’’. (a) IN GENERAL.—Subsection (j)(1)(B) (as ‘‘(u) REPORT.—Not later than 1 year after redesignated by section 7202(b)(1)(A)(ii)) of the date of enactment of the Water Re- SEC. 7307. NATIONAL DROUGHT RESILIENCE section 603 of the Federal Water Pollution GUIDELINES. sources Development Act of 2016, and not Control Act (33 U.S.C. 1383) is amended— less frequently than every 5 years thereafter, (a) IN GENERAL.—The Secretary of the In- (1) in clause (iii), by striking ‘‘or’’ at the the Administrator shall submit to Congress terior, the Secretary of Agriculture, the Sec- end; a report that describes— retary of Commerce, the Administrator, and (2) in clause (iv), by striking the period at ‘‘(1) the amount of financial assistance pro- the end and inserting ‘‘; or’’; and other appropriate Federal agency heads vided by State loan funds to deploy innova- (3) by adding at the end the following: along with State, local, and tribal govern- tive water technologies; ‘‘(v) to encourage the use of innovative ments, shall jointly develop nonregulatory ‘‘(2) the barriers impacting greater use of water technologies related to any of the national drought resilience guidelines relat- innovative water technologies; and issues identified in clauses (i) through (iv) ing to drought preparedness planning and in- ‘‘(3) the cost-saving potential to cities and or, as determined by the State, any other eli- vestments for communities, water utilities, future infrastructure investments from gible project and activity eligible for assist- and other water users and providers, in a emerging technologies.’’. manner consistent with the Presidential ance under subsection (c)’’. Subtitle D—Drinking Water Disaster Relief Memorandum entitled ‘‘Building National (b) INNOVATIVE WATER TECHNOLOGIES.—Sec- and Infrastructure Investments Capabilities for Long-Term Drought Resil- tion 603 of the Federal Water Pollution Con- trol Act (33 U.S.C. 1383) (as amended by sec- ience’’ (81 Fed. Reg. 16053 (March 21, 2016)). SEC. 7401. DRINKING WATER INFRASTRUCTURE. tion 7202(b)(1)) is amended by adding at the (a) DEFINITIONS.—In this section: (b) CONSULTATION.—In developing the na- end the following: (1) ELIGIBLE STATE.—The term ‘‘eligible tional drought resilience guidelines, the Ad- ‘‘(k) TECHNICAL ASSISTANCE.—The Adminis- State’’ means a State for which the Presi- ministrator and other Federal agency heads trator may provide technical assistance to dent has declared an emergency under the referred to in subsection (a) shall consult facilitate and encourage the provision of fi- Robert T. Stafford Disaster Relief and Emer- with— nancial assistance for innovative water tech- gency Assistance Act (42 U.S.C. 5121 et seq.) (1) State and local governments; nologies. relating to the public health threats associ- ‘‘(l) REPORT.—Not later than 1 year after (2) water utilities; ated with the presence of lead or other con- the date of enactment of the Water Re- (3) scientists; taminants in a public drinking water supply sources Development Act of 2016, and not (4) institutions of higher education; system. (5) relevant private entities; and less frequently than every 5 years thereafter, (2) ELIGIBLE SYSTEM.—The term ‘‘eligible (6) other stakeholders. the Administrator shall submit to Congress a report that describes— system’’ means a public drinking water sup- (c) CONTENTS.—The national drought resil- ‘‘(1) the amount of financial assistance pro- ply system that has been the subject of an ience guidelines developed under this section vided by State water pollution control re- emergency declaration referred to in para- shall, to the maximum extent practicable, volving funds to deploy innovative water graph (1). provide recommendations for a period of 10 technologies; (b) STATE REVOLVING LOAN FUND ASSIST- years that— ‘‘(2) the barriers impacting greater use of ANCE.— (1) address a broad range of potential ac- innovative water technologies; and (1) IN GENERAL.—An eligible system shall tions, including— ‘‘(3) the cost-saving potential to cities and be— (A) analysis of the impacts of the changing future infrastructure investments from (A) considered to be a disadvantaged com- frequency and duration of drought on the fu- emerging technologies.’’. munity under section 1452(d) of the Safe ture effectiveness of water management Drinking Water Act (42 U.S.C. 300j–12(d)); and SEC. 7309. INNOVATION IN DRINKING WATER tools; STATE REVOLVING LOAN FUNDS. (B) eligible to receive loans with additional (B) the identification of drought-related Section 1452 of the Safe Drinking Water subsidization under that Act (42 U.S.C. 300f water management challenges in a broad Act (42 U.S.C. 300j–12) (as amended by section et seq.), including forgiveness of principal range of fields, including— 7105) is amended— under section 1452(d)(1) of that Act (42 U.S.C. (i) public health and safety; (1) in subsection (d)— 300j–12(d)(1)). (ii) municipal and industrial water supply; (A) by striking the heading and inserting (2) AUTHORIZATION.— (iii) agricultural water supply; ‘‘ADDITIONAL ASSISTANCE.—’’; (A) IN GENERAL.—Using funds provided (iv) water quality; (B) in paragraph (1)— under subsection (e)(1)(A), an eligible State (v) ecosystem health; and (i) by striking ‘‘Notwithstanding’’ and in- may provide assistance to an eligible system (vi) water supply planning; serting the following: within the eligible State, for the purpose of (C) water management tools to reduce ‘‘(A) IN GENERAL.—Notwithstanding’’; and addressing lead or other contaminants in drought-related impacts, including— (ii) by adding at the end the following: drinking water, including repair and replace- (i) water use efficiency through gallons per ‘‘(B) INNOVATIVE WATER TECHNOLOGY.—Not- ment of public and private drinking water capita reduction goals, appliance efficiency withstanding any other provision of this sec- infrastructure. standards, water pricing incentives, and tion, in the case of a State that makes a loan (B) INCLUSION.—Assistance provided under other measures; under subsection (a)(2) to carry out an eligi- subparagraph (A) may include additional (ii) water recycling; ble activity through the use of an innovative subsidization under the Safe Drinking Water (iii) groundwater clean-up and storage; water technology (including technologies to Act (42 U.S.C. 300f et seq.), as described in (iv) new technologies, such as behavioral improve water treatment to ensure compli- paragraph (1)(B). water efficiency; and ance with this title and technologies to iden- (C) EXCLUSION.—Assistance provided under (v) stormwater capture and reuse; tify and mitigate sources of drinking water subparagraph (A) shall not include assist- (D) water-related energy and greenhouse contamination, including lead contamina- ance for a project that is financed (directly gas reduction strategies; and tion), the State may provide additional sub- or indirectly), in whole or in part, with pro- (E) public education and engagement; and sidization, including forgiveness of principal ceeds of any obligation issued after the date (2) include recommendations relating to that is not more than 50 percent of the cost of enactment of this Act— the processes that Federal, State, and local of the portion of the project associated with (i) the interest of which is exempt from the governments and water utilities should con- the innovative technology.’’; tax imposed under chapter 1 of the Internal sider when developing drought resilience pre- (C) in paragraph (2)— Revenue Code of 1986; or paredness and plans, including— (i) by striking ‘‘For each fiscal year’’ and (ii) with respect to which credit is allow- (A) the establishment of planning goals; inserting the following: able under subpart I or J of part IV of sub- (B) the evaluation of institutional capac- ‘‘(A) IN GENERAL.—For each fiscal year’’; chapter A of chapter 1 of such Code. ity; and (3) LIMITATION.—Section 1452(d)(2) of the (C) the assessment of drought-related risks (ii) by adding at the end the following: Safe Drinking Water Act (42 U.S.C. 300j– and vulnerabilities, including the integra- ‘‘(B) INNOVATIVE WATER TECHNOLOGY.—For 12(d)(2)) shall not apply to— tion of climate-related impacts; each fiscal year, not more than 20 percent of (A) any funds provided under subsection (D) the establishment of a development the loan subsidies that may be made by a (e)(1)(A); or process, including an evaluation of the cost- State under paragraph (1) may be used to (B) any other loan provided to an eligible effectiveness of potential strategies; provide additional subsidization under sub- system. (E) the inclusion of private entities, tech- paragraph (B) of that paragraph.’’; and (c) WATER INFRASTRUCTURE FINANCING.— nical advisors, and other stakeholders in the (D) in paragraph (3), in the first sentence, (1) SECURED LOANS.— development process; by inserting ‘‘, or portion of a service area,’’ (A) IN GENERAL.—Using funds provided (F) implementation and financing issues; after ‘‘service area’’; and under subsection (e)(2)(A), the Administrator and (2) by adding at the end the following: may make a secured loan under the Water (G) evaluation of the plan, including any ‘‘(t) TECHNICAL ASSISTANCE.—The Adminis- Infrastructure Finance and Innovation Act updates to the plan. trator may provide technical assistance to of 2014 (33 U.S.C. 3901 et seq.) to—

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(i) an eligible State to carry out a project (2) WIFIA FUNDING.— (2) COMMITTEE.—The term ‘‘Committee’’ eligible under paragraphs (2) through (9) of (A) IN GENERAL.—As soon as practicable means the Advisory Committee established section 5026 of that Act (33 U.S.C. 3905) to ad- after the date of enactment of this Act, the under subsection (c). dress lead or other contaminants in drinking Secretary of the Treasury shall make avail- (3) SECRETARY.—The term ‘‘Secretary’’ water in an eligible system, including repair able to the Administrator $70,000,000 to pro- means the Secretary of Health and Human and replacement of public and private drink- vide credit subsidies, in consultation with Services. ing water infrastructure; and the Director of the Office of Management (b) LEAD EXPOSURE REGISTRY.—The Sec- (ii) any eligible entity under section 5025 of and Budget, for secured loans under sub- retary shall establish within the Agency for that Act (33 U.S.C. 3904) for a project eligible section (c)(1)(A) with a goal of providing se- Toxic Substances and Disease Registry or under paragraphs (2) through (9) of section cured loans totaling at least $700,000,000. another relevant agency at the discretion of 5026 of that Act (33 U.S.C. 3905). (B) USE.—Secured loans provided pursuant the Secretary, or establish through a grant (B) AMOUNT.—Notwithstanding section to subparagraph (A) shall be available to award or contract, a lead exposure registry 5029(b)(2) of the Water Infrastructure Fi- carry out activities described in subsection to collect data on the lead exposure of resi- nance and Innovation Act of 2014 (33 U.S.C. (c)(1)(A). dents of a City on a voluntary basis. 3908(b)(2)), the amount of a secured loan pro- (C) EXCLUSION.—Of the amounts made (c) ADVISORY COMMITTEE.— vided under subparagraph (A)(i) may be available under subparagraph (A), $20,000,000 (1) MEMBERSHIP.— equal to not more than 80 percent of the rea- shall not be used to provide assistance for a (A) IN GENERAL.—The Secretary shall es- sonably anticipated costs of the projects. project that is financed (directly or indi- tablish an Advisory Committee in coordina- (2) FEDERAL INVOLVEMENT.—Notwith- rectly), in whole or in part, with proceeds of tion with the Director of the Centers for Dis- standing section 5029(b)(9) of the Water Infra- any obligation issued after the date of enact- ease Control and Prevention and other rel- structure Finance and Innovation Act of 2014 ment of this Act— evant agencies as determined by the Sec- (33 U.S.C. 3908(b)(9)), any costs for a project (i) the interest of which is exempt from the retary consisting of Federal members and to address lead or other contaminants in tax imposed under chapter 1 of the Internal non-Federal members, and which shall in- drinking water in an eligible system that are Revenue Code of 1986; or clude— not covered by a secured loan under para- (ii) with respect to which credit is allow- graph (1) may be covered using amounts in (i) an epidemiologist; able under subpart I or J of part IV of sub- (ii) a toxicologist; the State revolving loan fund under section chapter A of chapter 1 of such Code. 1452 of the Safe Drinking Water Act (42 (iii) a mental health professional; (3) APPLICABILITY.—Unless explicitly (iv) a pediatrician; U.S.C. 300j–12). waived, all requirements under the Safe (d) NONDUPLICATION OF WORK.—An activity (v) an early childhood education expert; Drinking Water Act (42 U.S.C. 300f et seq.) carried out pursuant to this section shall not (vi) a special education expert; and the Water Infrastructure Finance and duplicate the work or activity of any other (vii) a dietician; and Innovation Act of 2014 (33 U.S.C. 3901 et seq.) Federal or State department or agency. (viii) an environmental health expert. shall apply to funding provided under this (e) FUNDING.— (B) REQUIREMENTS.—Membership in the (1) ADDITIONAL DRINKING WATER STATE RE- subsection. Committee shall not exceed 15 members and (f) HEALTH EFFECTS EVALUATION.— 1 VOLVING FUND CAPITALIZATION GRANTS.— not less than ⁄2 of the members shall be Fed- N GENERAL (A) IN GENERAL.—The Secretary of the (1) I .—Pursuant to section eral members. Treasury shall make available to the Admin- 104(i)(1)(E) of the Comprehensive Environ- (2) CHAIR.—The Secretary shall designate a istrator a total of $100,000,000 to provide ad- mental Response, Compensation, and Liabil- chair from among the Federal members ap- ditional grants to eligible States pursuant to ity Act (42 U.S.C. 9604(i)(1)(E)), and on re- pointed to the Committee. section 1452 of the Safe Drinking Water Act ceipt of a request of an appropriate State or (3) TERMS.—Members of the Committee (42 U.S.C. 300j–12), to be available for a period local health official of an eligible State, the shall serve for a term of not more than 3 of 18 months beginning on the date on which Director of the Agency for Toxic Substances years and the Secretary may reappoint mem- the funds are made available, for the pur- and Disease Registry of the National Center bers for consecutive terms. poses described in subsection (b)(2), and after for Environmental Health shall in coordina- (4) APPLICATION OF FACA.—The Committee the end of the 18-month period, until ex- tion with other agencies, as appropriate, shall be subject to the Federal Advisory pended for the purposes described in subpara- conduct voluntary surveillance activities to Committee Act (5 U.S.C. App.). graph (C). evaluate any adverse health effects on indi- (5) RESPONSIBILITIES.—The Committee (B) SUPPLEMENTED INTENDED USE PLANS.— viduals exposed to lead from drinking water shall, at a minimum— From funds made available under subpara- in the affected communities. (A) review the Federal programs and serv- graph (A), the Administrator shall obligate (2) CONSULTATIONS.—Pursuant to section ices available to individuals and commu- to an eligible State such amounts as are nec- 104(i)(4) of the Comprehensive Environ- nities exposed to lead; essary to meet the needs identified in a sup- mental Response, Compensation, and Liabil- (B) review current research on lead poi- plemented intended use plan by not later ity Act (42 U.S.C. 9604(i)(4)), and on receipt of soning to identify additional research needs; than 30 days after the date on which the eli- a request of an appropriate State or local (C) review and identify best practices, or gible State submits to the Administrator a health official of an eligible State, the Direc- the need for best practices, regarding lead supplemented intended use plan under sec- tor of the Agency for Toxic Substances and screening and the prevention of lead poi- tion 1452(b) of the Safe Drinking Water Act Disease Registry of the National Center for soning; (42 U.S.C. 300j–12(b)) that includes Environmental Health shall provide con- (D) identify effective services, including preapplication information regarding sultations regarding health issues described services relating to healthcare, education, projects to be funded using the additional as- in paragraph (1). and nutrition for individuals and commu- sistance, including, with respect to each SEC. 7402. LOAN FORGIVENESS. nities affected by lead exposure and lead poi- such project— The matter under the heading ‘‘STATE AND soning, including in consultation with, as ap- (i) a description of the project; TRIBAL ASSISTANCE GRANTS’’ under the head- propriate, the lead exposure registry as es- (ii) an explanation of the means by which ing ‘‘ENVIRONMENTAL PROTECTION tablished in subsection (b); and the project will address a situation causing a AGENCY’’ in title II of division G of the Con- (E) undertake any other review or activi- declared emergency in the eligible State; solidated Appropriations Act, 2016 (Public ties that the Secretary determines to be ap- (iii) the estimated cost of the project; and Law 114–113), is amended in paragraph (1), by propriate. (iv) the projected start date for construc- striking the semicolon at the end and insert- (6) REPORT.—Annually for 5 years and tion of the project. ing the following: ‘‘or, if a Federal or State thereafter as determined necessary by the (C) UNOBLIGATED AMOUNTS.—Of any emergency declaration has been issued due Secretary or as required by Congress, the amounts made available to the Adminis- to a threat to public health from heightened Committee shall submit to the Secretary, trator under subparagraph (A) that are unob- exposure to lead in a municipal drinking the Committees on Finance, Health, Edu- ligated on the date that is 18 months after water supply, before the date of enactment cation, Labor, and Pensions, and Agri- the date on which the amounts are made of this Act: Provided further, That in a State culture, Nutrition, and Forestry of the Sen- available— in which such an emergency declaration has ate and the Committees on Education and (i) 50 percent shall be available to provide been issued, the State may use more than 20 the Workforce, Energy and Commerce, and additional grants under section 1459A of the percent of the funds made available under Agriculture of the House of Representatives Safe Drinking Water Act (as added by sec- this title to the State for Drinking Water a report that includes— tion 7106); and State Revolving Fund capitalization grants (A) an evaluation of the effectiveness of (ii) 50 percent shall be available to provide to provide additional subsidy to eligible re- the Federal programs and services available additional grants under section 1459B of the cipients;’’. to individuals and communities exposed to Safe Drinking Water Act (as added by sec- SEC. 7403. REGISTRY FOR LEAD EXPOSURE AND lead; tion 7107). ADVISORY COMMITTEE. (B) an evaluation of additional lead poi- (D) APPLICABILITY.—Section 1452(b)(1) of (a) DEFINITIONS.—In this section: soning research needs; the Safe Drinking Water Act (42 U.S.C. 300j– (1) CITY.—The term ‘‘City’’ means a city (C) an assessment of any effective screen- 12(b)(1)) shall not apply to a supplement to exposed to lead contamination in the local ing methods or best practices used or devel- an intended use plan under subparagraph (B). drinking water system. oped to prevent or screen for lead poisoning;

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.027 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5557 (D) input and recommendations for im- Attorney General and the Inspector General (2) an analysis of the current and future proved access to effective services relating of the Environmental Protection Agency impact of the movement of the plume on to healthcare, education, or nutrition for in- shall submit to the Committees on Appro- drinking water facilities; and dividuals and communities impacted by lead priations, Environment and Public Works, (3) a comprehensive strategy to prevent exposure; and and Homeland Security and Governmental the groundwater contaminants from the site (E) any other recommendations for com- Affairs of the Senate and the Committees on from contaminating drinking water wells munities affected by lead exposure, as appro- Appropriations, Energy and Commerce, that, as of the date of the submission of the priate. Transportation and Infrastructure, and Over- report, have not been affected by the migra- (d) MANDATORY FUNDING.— sight and Government Reform of the House tion of the plume. (1) IN GENERAL.—On the date of enactment of Representatives a report on the status of Subtitle F—Restoration of this Act, out of any funds in the Treasury any ongoing investigations into the Federal PART I—GREAT LAKES RESTORATION not otherwise appropriated, the Secretary of and State response to the contamination of SEC. 7611. GREAT LAKES RESTORATION INITIA- the Treasury shall transfer to the Secretary, the drinking water supply of the City of TIVE. to be available during the period of fiscal Flint, Michigan. Section 118(c) of the Federal Water Pollu- years 2016 through 2020— (b) REVIEW.—Not later than 30 days after tion Control Act (33 U.S.C. 1268(c)) is amend- (A) $17,500,000 to carry out subsection (b); the completion of the investigations de- ed by striking paragraph (7) and inserting and scribed in subsection (a), the Comptroller the following: (B) $2,500,000 to carry out subsection (c). General of the United States shall commence ‘‘(7) GREAT LAKES RESTORATION INITIA- (2) RECEIPT AND ACCEPTANCE.—The Sec- a review of issues that are not addressed by TIVE.— retary shall be entitled to receive, shall ac- the investigations and relating to— ‘‘(A) ESTABLISHMENT.—There is established cept, and shall use to carry out subsections (1) the adequacy of the response by the in the Agency a Great Lakes Restoration (b) and (c) the funds transferred under sub- State of Michigan and the City of Flint to Initiative (referred to in this paragraph as paragraphs (A) and (B) of paragraph (1), re- the drinking water crisis in Flint, Michigan, the ‘Initiative’) to carry out programs and spectively, without further appropriation. including the timeliness and transparency of projects for Great Lakes protection and res- SEC. 7404. ADDITIONAL FUNDING FOR CERTAIN the response, as well as the capacity of the toration. CHILDHOOD HEALTH PROGRAMS. State and City to manage the drinking water ‘‘(B) FOCUS AREAS.—Each fiscal year under (a) CHILDHOOD LEAD POISONING PREVENTION system; and a 5-year Initiative Action Plan, the Initia- PROGRAM.— (2) the adequacy of the response by Region tive shall prioritize programs and projects, (1) IN GENERAL.—On the date of enactment 5 of the Environmental Protection Agency to carried out in coordination with non-Federal of this Act, out of any funds in the Treasury the drinking water crisis in Flint, Michigan, partners, that address priority areas, such not otherwise appropriated, the Secretary of including the timeliness and transparency of as— the Treasury shall transfer to the Director of the response. ‘‘(i) the remediation of toxic substances the Centers for Disease Control and Preven- (c) CONTENTS OF REPORT.—Not later than 1 and areas of concern; tion, to be available during the period of fis- year after commencing each review under ‘‘(ii) the prevention and control of invasive cal years 2017 and 2018, $10,000,000 for the subsection (b), the Comptroller General of species and the impacts of invasive species; childhood lead poisoning prevention program the United States shall submit to Congress a ‘‘(iii) the protection and restoration of authorized under section 317A of the Public report that includes— nearshore health and the prevention and Health Service Act (42 U.S.C. 247b–1). (1) a statement of the principal findings of mitigation of nonpoint source pollution; (2) RECEIPT AND ACCEPTANCE.—The Director the review; and ‘‘(iv) habitat and wildlife protection and of the Centers for Disease Control and Pre- (2) recommendations for Congress and the restoration, including wetlands restoration vention shall be entitled to receive, shall ac- President to take any actions to prevent a and preservation; and cept, and shall use to carry out the child- similar situation in the future and to protect ‘‘(v) accountability, monitoring, evalua- hood lead poisoning prevention program au- public health. tion, communication, and partnership activi- thorized under section 317A of the Public Subtitle E—Report on Groundwater ties. Health Service Act (42 U.S.C. 247b–1) the Contamination ‘‘(C) PROJECTS.—Under the Initiative, the funds transferred under paragraph (1), with- SEC. 7501. DEFINITIONS. Agency shall collaborate with Federal part- out further appropriation. In this subtitle: ners, including the Great Lakes Interagency (b) HEALTHY HOMES PROGRAM.— (1) COMPREHENSIVE STRATEGY.—The term Task Force, to select the best combination (1) IN GENERAL.—On the date of enactment ‘‘comprehensive strategy’’ means a plan of programs and projects for Great Lakes of this Act, out of any funds in the Treasury for— protection and restoration using appropriate not otherwise appropriated, the Secretary of (A) the remediation of the plume under the principles and criteria, including whether a the Treasury shall transfer to the Secretary Comprehensive Environmental Response, program or project provides— of Housing and Urban Development, to be Compensation, and Liability Act of 1980 (42 ‘‘(i) the ability to achieve strategic and available during the period of fiscal years U.S.C. 9601 et seq.); or measurable environmental outcomes that 2017 and 2018, $10,000,000 to carry out the (B) corrective action under the Solid Waste implement the Great Lakes Action Plan and Healthy Homes Initiative of the Department Disposal Act (42 U.S.C. 6901 et seq.). the Great Lakes Water Quality Agreement; of Housing and Urban Development. (2) GROUNDWATER.—The term ‘‘ground- ‘‘(ii) the feasibility of— (2) RECEIPT AND ACCEPTANCE.—The Sec- water’’ means water in a saturated zone or ‘‘(I) prompt implementation; retary of Housing and Urban Development stratum beneath the surface of land or ‘‘(II) timely achievement of results; and shall be entitled to receive, shall accept, and water. ‘‘(III) resource leveraging; and shall use to carry out the Healthy Homes (3) PLUME.—The term ‘‘plume’’ means any ‘‘(iii) the opportunity to improve inter- Initiative of the Department of Housing and hazardous waste (as defined in section 1004 of agency and inter-organizational coordina- Urban Development the funds transferred the Solid Waste Disposal Act (42 U.S.C. 6903)) tion and collaboration to reduce duplication under paragraph (1), without further appro- or hazardous substance (as defined in section and streamline efforts. priation. 101 of the Comprehensive Environmental Re- ‘‘(D) IMPLEMENTATION OF PROJECTS.— (c) HEALTHY START PROGRAM.— sponse, Compensation, and Liability Act of ‘‘(i) IN GENERAL.—Subject to subparagraph (1) IN GENERAL.—On the date of enactment 1980 (42 U.S.C. 9601)) found in the ground- (G)(ii), funds made available to carry out the of this Act, out of any funds in the Treasury water supply. Initiative shall be used to strategically im- not otherwise appropriated, the Secretary of (4) SITE.—The term ‘‘site’’ means the site plement— the Treasury shall transfer to the Adminis- located at 830 South Oyster Bay Road, ‘‘(I) Federal projects; and trator of the Health Resources and Services Bethpage, New York, 11714 (Environmental ‘‘(II) projects carried out in coordination Administration, to be available during the Protection Agency identification number with States, Indian tribes, municipalities, period of fiscal years 2017 and 2018, $10,000,000 NYD002047967). institutions of higher education, and other to carry out the Healthy Start Initiative SEC. 7502. REPORT ON GROUNDWATER CONTAMI- organizations. under section 330H of the Public Health Serv- NATION. ‘‘(ii) TRANSFER OF FUNDS.—With amounts ice Act (42 U.S.C. 254c–8). Not later than 180 days after the date of made available for the Initiative each fiscal (2) RECEIPT AND ACCEPTANCE.—The Admin- enactment of this Act and annually there- year, the Administrator may— istrator of the Health Resources and Serv- after, the Secretary of the Navy shall submit ‘‘(I) transfer not more than $300,000,000 to ices Administration shall be entitled to re- to Congress a report on the groundwater con- the head of any Federal department or agen- ceive, shall accept, and shall use to carry out tamination from the site that includes— cy, with the concurrence of the department the Healthy Start Initiative under section (1) a description of the status of the or agency head, to carry out activities to 330H of the Public Health Service Act (42 groundwater contaminants that are leaving support the Initiative and the Great Lakes U.S.C. 254c–8) the funds transferred under the site and migrating to a location within a Water Quality Agreement; paragraph (1), without further appropriation. 10-mile radius of the site, including— ‘‘(II) enter into an interagency agreement SEC. 7405. REVIEW AND REPORT. (A) detailed mapping of the movement of with the head of any Federal department or (a) IN GENERAL.—Not later than 1 year the plume over time; and agency to carry out activities described in after the date of enactment of this Act, the (B) projected migration rates of the plume; subclause (I); and

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.027 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5558 CONGRESSIONAL RECORD — SENATE September 12, 2016 ‘‘(III) make grants to governmental enti- ‘‘(5) as of the date of enactment of this conservancy or a Federal, State, or tribal ties, nonprofit organizations, institutions, Act, actions are not funded that are consid- agency; and individuals for planning, research, moni- ered essential to meet the goals and objec- ‘‘(IV) is connected either physically or toring, outreach, and implementation of tives in managing the fish and wildlife re- through a conservation planning process to projects in furtherance of the Initiative and sources, and the habitats on which the re- the proposal or regional project; and the Great Lakes Water Quality Agreement. sources depend, in the Great Lakes Basin; ‘‘(V) is appraised in accordance with clause ‘‘(E) SCOPE.— and (ii). ‘‘(i) IN GENERAL.—Projects shall be carried ‘‘(6) this Act allows Federal agencies, ‘‘(ii) APPRAISAL.—With respect to the ap- out under the Initiative on multiple levels, States, and Indian tribes to work in an effec- praisal of land or a conservation easement including— tive partnership by providing the funding for described in clause (i)— ‘‘(I) Great Lakes-wide; and restoration work.’’. ‘‘(I) the appraisal valuation date shall be ‘‘(II) Great Lakes basin-wide. (c) IDENTIFICATION, REVIEW, AND IMPLEMEN- not later than 1 year after the price of the ‘‘(ii) LIMITATION.—No funds made available TATION OF PROPOSALS AND REGIONAL land or conservation easement was set under to carry out the Initiative may be used for PROJECTS.— a contract; and any water infrastructure activity (other (1) REQUIREMENTS FOR PROPOSALS AND RE- ‘‘(II) the appraisal shall— than a green infrastructure project that im- GIONAL PROJECTS.—Section 1005(b)(2)(B) (16 ‘‘(aa) conform to the Uniform Standards of proves habitat and other ecosystem func- U.S.C. 941c(b)(2)(B)) is amended— Professional Appraisal Practice (USPAP); tions in the Great Lakes) for which amounts (A) in clause (v), by striking ‘‘and’’ at the and are made available from— end; ‘‘(bb) be completed by a Federal- or State- ‘‘(I) a State water pollution control revolv- (B) in clause (vi), by striking the period at certified appraiser. ing fund established under title VI; or the end and inserting a semicolon; and ‘‘(C) COSTS OF LAND ACQUISITION OR SECUR- (C) by adding at the end the following: ‘‘(II) a State drinking water revolving loan ING CONSERVATION EASEMENT.— ‘‘(vii) the strategic action plan of the fund established under section 1452 of the ‘‘(i) IN GENERAL.—All costs associated with Safe Drinking Water Act (42 U.S.C. 300j–12). Great Lakes Restoration Initiative; and land acquisition or securing a conservation ‘‘(F) ACTIVITIES BY OTHER FEDERAL AGEN- ‘‘(viii) each applicable State wildlife action easement and restoration or enhancement of CIES.—Each relevant Federal department or plan.’’. that land or conservation easement may be EVIEW OF PROPOSALS.—Section agency shall, to the maximum extent prac- (2) R used to satisfy the non-Federal share of the 1005(c)(2)(C) (16 U.S.C. 941c(c)(2)(C)) is amend- ticable— cost of implementing a proposal or regional ed by striking ‘‘Great Lakes Coordinator of ‘‘(i) maintain the base level of funding for project required under paragraph (1)(A) if the the’’. the Great Lakes activities of that depart- activities and expenses associated with the (3) COST SHARING.—Section 1005(e) (16 ment or agency without regard to funding land acquisition or securing the conservation U.S.C. 941c(e)) is amended— under the Initiative; and easement and restoration or enhancement of (A) in paragraph (1)— ‘‘(ii) identify new activities and projects to that land or conservation easement meet the (i) by striking ‘‘Except as provided in para- support the environmental goals of the Ini- requirements of subparagraph (B)(i). graphs (2) and (4), not less than 25 percent of tiative and the Great Lakes Water Quality ‘‘(ii) INCLUSION.—The costs referred to in the cost of implementing a proposal’’ and in- Agreement. clause (i) may include cash, in-kind con- serting the following: ‘‘(G) FUNDING.— tributions, and indirect costs. ‘‘(i) IN GENERAL.—There is authorized to be ‘‘(A) NON-FEDERAL SHARE.—Except as pro- vided in paragraphs (3) and (5) and subject to ‘‘(iii) EXCLUSION.—The costs referred to in appropriated to carry out this paragraph clause (i) may not be costs associated with $300,000,000 for each of fiscal years 2017 paragraph (2), not less than 25 percent of the cost of implementing a proposal or regional mitigation or litigation (other than costs as- through 2021. sociated with the Natural Resource Damage ‘‘(ii) LIMITATION.—Nothing in this para- project’’; and (ii) by adding at the end the following: Assessment program).’’. graph creates, expands, or amends the au- (d) ESTABLISHMENT OF OFFICES.—Section thority of the Administrator to implement ‘‘(B) TIME PERIOD FOR PROVIDING MATCH.— The non-Federal share of the cost of imple- 1007 (16 U.S.C. 941e) is amended— programs or projects under— (1) in subsection (b)— ‘‘(I) this section; menting a proposal or regional project re- quired under subparagraph (A) may be pro- (A) in the subsection heading, by striking ‘‘(II) the Initiative Action Plan; or ‘‘FISHERY RESOURCES’’ and inserting ‘‘FISH ‘‘(III) the Great Lakes Water Quality vided at any time during the 2-year period preceding January 1 of the year in which the AND WILDLIFE CONSERVATION’’; and Agreement.’’. Director receives the application for the pro- (B) by striking ‘‘Fishery Resources’’ each SEC. 7612. AMENDMENTS TO THE GREAT LAKES posal or regional project.’’; place it appears and inserting ‘‘Fish and FISH AND WILDLIFE RESTORATION Wildlife Conservation’’; ACT OF 1990. (B) by redesignating paragraphs (2) (2) in subsection (c)— (a) REFERENCES.—Except as otherwise ex- through (4) as paragraphs (3) through (5), re- pressly provided, wherever in this section an spectively; and (A) in the subsection heading, by striking amendment is expressed in terms of an (C) by inserting before paragraph (3) (as so ‘‘FISHERY RESOURCES’’ and inserting ‘‘FISH amendment to a section or other provision, redesignated) the following: AND WILDLIFE CONSERVATION’’; and the reference shall be considered to be made ‘‘(2) AUTHORIZED SOURCES OF NON-FEDERAL (B) by striking ‘‘Fishery Resources’’ each to a section or other provision of the Great SHARE.— place it appears and inserting ‘‘Fish and Lakes Fish and Wildlife Restoration Act of ‘‘(A) IN GENERAL.—The Director may deter- Wildlife Conservation’’; 1990 (16 U.S.C. 941 et seq.). mine the non-Federal share under paragraph (3) by striking subsection (a); and (b) FINDINGS.—The Act is amended by (1) by taking into account— (4) by redesignating subsections (b) and (c) striking section 1002 and inserting the fol- ‘‘(i) the appraised value of land or a con- as subsections (a) and (b), respectively. lowing: servation easement as described in subpara- (e) REPORTS.—Section 1008 (16 U.S.C. 941f) ‘‘SEC. 1002. FINDINGS. graph (B); or is amended— ‘‘Congress finds that— ‘‘(ii) as described in subparagraph (C), the (1) in subsection (a), in the matter pre- ‘‘(1) the Great Lakes have fish and wildlife costs associated with— ceding paragraph (1), by striking ‘‘2011’’ and communities that are structurally and func- ‘‘(I) land acquisition or securing a con- inserting ‘‘2021’’; tionally changing; servation easement; and (2) in subsection (b)— ‘‘(2) successful fish and wildlife manage- ‘‘(II) restoration or enhancement of that (A) in the matter preceding paragraph (1), ment focuses on the lakes as ecosystems, and land or conservation easement. by striking ‘‘2007 through 2012’’ and inserting effective management requires the coordina- ‘‘(B) APPRAISAL OF LAND OR CONSERVATION ‘‘2016 through 2020’’; and tion and integration of efforts of many part- EASEMENT.— (B) in paragraph (5), by inserting ‘‘the ners; ‘‘(i) IN GENERAL.—The value of land or a Great Lakes Restoration Initiative Action ‘‘(3) it is in the national interest to under- conservation easement may be used to sat- Plan based on’’ after ‘‘in support of’’; and take activities in the Great Lakes Basin that isfy the non-Federal share of the cost of im- (3) by striking subsection (c) and inserting support sustainable fish and wildlife re- plementing a proposal or regional project re- the following: sources of common concern provided under quired under paragraph (1)(A) if the Director ‘‘(c) CONTINUED MONITORING AND ASSESS- the Great Lakes Restoration Initiative Ac- determines that the land or conservation MENT OF STUDY FINDINGS AND RECOMMENDA- tion Plan based on the recommendations of easement— TIONS.—The Director— the Great Lakes Regional Collaboration au- ‘‘(I) meets the requirements of subsection ‘‘(1) shall continue to monitor the status, thorized under Executive Order 13340 (69 Fed. (b)(2); and the assessment, management, and res- Reg. 29043; relating to the Great Lakes Inter- ‘‘(II) is acquired before the end of the grant toration needs, of the fish and wildlife re- agency Task Force); period of the proposal or regional project; sources of the Great Lakes Basin; and ‘‘(4) additional actions and better coordina- ‘‘(III) is held in perpetuity for the con- ‘‘(2) may reassess and update, as necessary, tion are needed to protect and effectively servation purposes of the programs of the the findings and recommendations of the Re- manage the fish and wildlife resources, and United States Fish and Wildlife Service re- port.’’. the habitats on which the resources depend, lated to the Great Lakes Basin, as described (f) AUTHORIZATION OF APPROPRIATIONS.— in the Great Lakes Basin; in section 1006, by an accredited land trust or Section 1009 (16 U.S.C. 941g) is amended—

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.027 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5559 (1) in the matter preceding paragraph (1), ‘‘(10) the Federal Government has a long ‘‘(C) to prevent the introduction and estab- by striking ‘‘2007 through 2012’’ and inserting history of environmental stewardship at lishment of invasive species in the Lake ‘‘2016 through 2021’’; Lake Tahoe, including— Tahoe Basin; and (2) in paragraph (1)— ‘‘(A) congressional consent to the estab- ‘‘(17) the Secretary has indicated that the (A) in the matter preceding subparagraph lishment of the Planning Agency with— Lake Tahoe Basin Management Unit has the (A), by striking ‘‘$14,000,000’’ and inserting ‘‘(i) the enactment in 1969 of Public Law capacity for at least $10,000,000 annually for ‘‘$6,000,000’’; 91–148 (83 Stat. 360); and the Fire Risk Reduction and Forest Manage- (B) in subparagraph (A), by striking ‘‘(ii) the enactment in 1980 of Public Law ment Program. ‘‘$4,600,000’’ and inserting ‘‘$2,000,000’’; and 96–551 (94 Stat. 3233); ‘‘(b) PURPOSES.—The purposes of this Act are— (C) in subparagraph (B), by striking ‘‘(B) the establishment of the Lake Tahoe ‘‘(1) to enable the Chief of the Forest Serv- ‘‘$700,000’’ and inserting ‘‘$300,000’’; and Basin Management Unit in 1973; ice, the Director of the United States Fish (3) in paragraph (2), by striking ‘‘the ac- ‘‘(C) the enactment of Public Law 96–586 (94 tivities of’’ and all that follows through and Wildlife Service, and the Administrator, Stat. 3381) in 1980 to provide for the acquisi- in cooperation with the Planning Agency ‘‘section 1007’’ and inserting ‘‘the activities tion of environmentally sensitive land and of the Upper Great Lakes Fish and Wildlife and the States of California and Nevada, to erosion control grants in the Lake Tahoe fund, plan, and implement significant new Conservation Offices and the Lower Great Basin; Lakes Fish and Wildlife Conservation Office environmental restoration activities and for- ‘‘(D) the enactment of sections 341 and 342 est management activities in the Lake under section 1007’’. of the Department of the Interior and Re- (g) CONFORMING AMENDMENT.—Section 8 of Tahoe Basin; lated Agencies Appropriations Act, 2004 the Great Lakes Fish and Wildlife Restora- ‘‘(2) to ensure that Federal, State, local, (Public Law 108–108; 117 Stat. 1317), which tion Act of 2006 (16 U.S.C. 941 note; Public regional, tribal, and private entities con- Law 109–326) is repealed. amended the Southern Nevada Public Land tinue to work together to manage land in Management Act of 1998 (Public Law 105–263; the Lake Tahoe Basin; PART II—LAKE TAHOE RESTORATION 112 Stat. 2346) to provide payments for the ‘‘(3) to support local governments in efforts SEC. 7621. FINDINGS AND PURPOSES. environmental restoration programs under related to environmental restoration, The Lake Tahoe Restoration Act (Public this Act; and stormwater pollution control, fire risk re- Law 106–506; 114 Stat. 2351) is amended by ‘‘(E) the enactment of section 382 of the duction, and forest management activities; striking section 2 and inserting the fol- Tax Relief and Health Care Act of 2006 (Pub- and lowing: lic Law 109–432; 120 Stat. 3045), which amend- ‘‘(4) to ensure that agency and science ‘‘SEC. 2. FINDINGS AND PURPOSES. ed the Southern Nevada Public Land Man- community representatives in the Lake ‘‘(a) FINDINGS.—Congress finds that— agement Act of 1998 (Public Law 105–263; 112 Tahoe Basin work together— ‘‘(1) Lake Tahoe— Stat. 2346) to authorize development and im- ‘‘(A) to develop and implement a plan for ‘‘(A) is one of the largest, deepest, and plementation of a comprehensive 10-year integrated monitoring, assessment, and ap- clearest lakes in the world; hazardous fuels and fire prevention plan for plied research to evaluate the effectiveness ‘‘(B) has a cobalt blue color, a biologically the Lake Tahoe Basin; of the Environmental Improvement Pro- diverse alpine setting, and remarkable water ‘‘(11) the Assistant Secretary was an origi- gram; and clarity; and nal signatory in 1997 to the Agreement of ‘‘(B) to provide objective information as a ‘‘(C) is recognized nationally and world- Federal Departments on Protection of the basis for ongoing decisionmaking, with an wide as a natural resource of special signifi- Environment and Economic Health of the emphasis on decisionmaking relating to re- cance; Lake Tahoe Basin; source management in the Lake Tahoe ‘‘(2) in addition to being a scenic and eco- ‘‘(12) the Chief of Engineers, under direc- Basin.’’. logical treasure, the Lake Tahoe Basin is one tion from the Assistant Secretary, has con- SEC. 7622. DEFINITIONS. of the outstanding recreational resources of tinued to be a significant contributor to The Lake Tahoe Restoration Act (Public the United States, which— Lake Tahoe Basin restoration, including— Law 106–506; 114 Stat. 2351) is amended by ‘‘(A) offers skiing, water sports, biking, ‘‘(A) stream and wetland restoration; and striking section 3 and inserting the fol- camping, and hiking to millions of visitors ‘‘(B) programmatic technical assistance; lowing: each year; and ‘‘(13) at the Lake Tahoe Presidential ‘‘SEC. 3. DEFINITIONS. ‘‘(B) contributes significantly to the econo- Forum in 1997, the President renewed the ‘‘In this Act: mies of California, Nevada, and the United commitment of the Federal Government to ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- States; Lake Tahoe by— trator’ means the Administrator of the Envi- ‘‘(3) the economy in the Lake Tahoe Basin ‘‘(A) committing to increased Federal re- ronmental Protection Agency. is dependent on the conservation and res- ‘‘(2) ASSISTANT SECRETARY.—The term ‘As- sources for ecological restoration at Lake toration of the natural beauty and recre- sistant Secretary’ means the Assistant Sec- Tahoe; and ation opportunities in the area; retary of the Army for Civil Works. ‘‘(B) establishing the Federal Interagency ‘‘(4) the ecological health of the Lake ‘‘(3) CHAIR.—The term ‘Chair’ means the Partnership and Federal Advisory Com- Tahoe Basin continues to be challenged by Chair of the Federal Partnership. mittee to consult on natural resources issues the impacts of land use and transportation ‘‘(4) COMPACT.—The term ‘Compact’ means patterns developed in the last century; concerning the Lake Tahoe Basin; the Tahoe Regional Planning Compact in- ‘‘(5) the alteration of wetland, wet mead- ‘‘(14) at the 2011 and 2012 Lake Tahoe Fo- cluded in the first section of Public Law 96– ows, and stream zone habitat have com- rums, Senator Reid, Senator Feinstein, Sen- 551 (94 Stat. 3233). promised the capacity of the watershed to ator Heller, Senator Ensign, Governor Gib- ‘‘(5) DIRECTORS.—The term ‘Directors’ filter sediment, nutrients, and pollutants be- bons, Governor Sandoval, and Governor means— fore reaching Lake Tahoe; Brown— ‘‘(A) the Director of the United States Fish ‘‘(6) forests in the Lake Tahoe Basin suffer ‘‘(A) renewed their commitment to Lake and Wildlife Service; and from over a century of fire damage and peri- Tahoe; and ‘‘(B) the Director of the United States Geo- odic drought, which have resulted in— ‘‘(B) expressed their desire to fund the Fed- logical Survey. ‘‘(A) high tree density and mortality; eral and State shares of the Environmental ‘‘(6) ENVIRONMENTAL IMPROVEMENT PRO- ‘‘(B) the loss of biological diversity; and Improvement Program through 2022; GRAM.—The term ‘Environmental Improve- ‘‘(C) a large quantity of combustible forest ‘‘(15) since 1997, the Federal Government, ment Program’ means— fuels, which significantly increases the the States of California and Nevada, units of ‘‘(A) the Environmental Improvement Pro- threat of catastrophic fire and insect infesta- local government, and the private sector gram adopted by the Planning Agency; and tion; have contributed more than $1,955,500,000 to ‘‘(B) any amendments to the Program. ‘‘(7) the establishment of several aquatic the Lake Tahoe Basin, including— ‘‘(7) ENVIRONMENTAL THRESHOLD CARRYING and terrestrial invasive species (including ‘‘(A) $635,400,000 from the Federal Govern- CAPACITY.—The term ‘environmental thresh- perennial pepperweed, milfoil, and Asian ment; old carrying capacity’ has the meaning given clam) threatens the ecosystem of the Lake ‘‘(B) $758,600,000 from the State of Cali- the term in Article II of the Compact. Tahoe Basin; fornia; ‘‘(8) FEDERAL PARTNERSHIP.—The term ‘‘(8) there is an ongoing threat to the econ- ‘‘(C) $123,700,000 from the State of Nevada; ‘Federal Partnership’ means the Lake Tahoe omy and ecosystem of the Lake Tahoe Basin ‘‘(D) $98,900,000 from units of local govern- Federal Interagency Partnership established of the introduction and establishment of ment; and by Executive Order 13057 (62 Fed. Reg. 41249) other invasive species (such as yellow ‘‘(E) $338,900,000 from private interests; (or a successor Executive order). starthistle, New Zealand mud snail, Zebra ‘‘(16) significant additional investment ‘‘(9) FOREST MANAGEMENT ACTIVITY.—The mussel, and quagga mussel); from Federal, State, local, and private term ‘forest management activity’ in- ‘‘(9) 78 percent of the land in the Lake sources is necessary— cludes— Tahoe Basin is administered by the Federal ‘‘(A) to restore and sustain the ecological ‘‘(A) prescribed burning for ecosystem Government, which makes it a Federal re- health of the Lake Tahoe Basin; health and hazardous fuels reduction; sponsibility to restore ecological health to ‘‘(B) to adapt to the impacts of fluctuating ‘‘(B) mechanical and minimum tool treat- the Lake Tahoe Basin; water temperature and precipitation; and ment;

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.027 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5560 CONGRESSIONAL RECORD — SENATE September 12, 2016 ‘‘(C) stream environment zone restoration Basin Management Unit, the Secretary shall view and approval, respectively, as required and other watershed and wildlife habitat en- conduct the activities in a manner that— under Federal law, Article VII of the Com- hancements; ‘‘(i) except as provided in subparagraph (B), pact, and State law, as applicable. ‘‘(D) nonnative invasive species manage- attains multiple ecosystem benefits, includ- ‘‘(b) PRIORITY LIST.— ment; and ing— ‘‘(1) DEADLINE.—Not later than March 15 of ‘‘(E) other activities consistent with For- ‘‘(I) reducing forest fuels; the year after the date of enactment of the est Service practices, as the Secretary deter- ‘‘(II) maintaining biological diversity; Water Resources Development Act of 2016, mines to be appropriate. ‘‘(III) improving wetland and water qual- the Chair, in consultation with the Sec- ‘‘(10) MAPS.—The term ‘Maps’ means the ity, including in Stream Environment Zones; retary, the Administrator, the Directors, the maps— and Planning Agency, the States of California ‘‘(A) entitled— ‘‘(IV) increasing resilience to changing and Nevada, the Federal Partnership, the ‘‘(i) ‘LTRA USFS-CA Land Exchange/North water temperature and precipitation; and Washoe Tribe, the Lake Tahoe Federal Advi- Shore’; ‘‘(ii) helps achieve and maintain the envi- sory Committee, and the Tahoe Science Con- ‘‘(ii) ‘LTRA USFS-CA Land Exchange/West ronmental threshold carrying capacities es- sortium (or a successor organization) shall Shore’; and tablished by the Planning Agency. submit to Congress a prioritized Environ- ‘‘(iii) ‘LTRA USFS-CA Land Exchange/ ‘‘(B) EXCEPTION.—Notwithstanding sub- mental Improvement Program list for the South Shore’; and paragraph (A)(i), the attainment of multiple Lake Tahoe Basin for the program categories ‘‘(B) dated January 4, 2016, and on file and ecosystem benefits shall not be required if described in subsection (d). available for public inspection in the appro- the Secretary determines that management ‘‘(2) CRITERIA.—The ranking of the Priority priate offices of— for multiple ecosystem benefits would exces- List shall be based on the best available ‘‘(i) the Forest Service; sively increase the cost of a program in rela- science and the following criteria: ‘‘(ii) the California Tahoe Conservancy; tion to the additional ecosystem benefits ‘‘(A) The 4-year threshold carrying capac- and gained from the management activity. ity evaluation. ‘‘(B) The ability to measure progress or ‘‘(iii) the California Department of Parks ‘‘(3) GROUND DISTURBANCE.—Consistent and Recreation. with applicable Federal law and Lake Tahoe success of the program. ‘‘(11) NATIONAL WILDLAND FIRE CODE.—The Basin Management Unit land and resource ‘‘(C) The potential to significantly con- term ‘national wildland fire code’ means— management plan direction, the Secretary tribute to the achievement and maintenance ‘‘(A) the most recent publication of the Na- shall— of the environmental threshold carrying ca- tional Fire Protection Association codes ‘‘(A) establish post-program ground condi- pacities identified in Article II of the Com- pact. numbered 1141, 1142, 1143, and 1144; tion criteria for ground disturbance caused ‘‘(D) The ability of a program to provide ‘‘(B) the most recent publication of the by forest management activities; and multiple benefits. International Wildland-Urban Interface Code ‘‘(B) provide for monitoring to ascertain ‘‘(E) The ability of a program to leverage of the International Code Council; or the attainment of the post-program condi- non-Federal contributions. ‘‘(C) any other code that the Secretary de- tions. ‘‘(F) Stakeholder support for the program. termines provides the same, or better, stand- ‘‘(d) WITHDRAWAL OF FEDERAL LAND.— ‘‘(G) The justification of Federal interest. ards for protection against wildland fire as a ‘‘(1) IN GENERAL.—Subject to valid existing code described in subparagraph (A) or (B). rights and paragraph (2), the Federal land lo- ‘‘(H) Agency priority. ‘‘(12) PLANNING AGENCY.—The term ‘Plan- cated in the Lake Tahoe Basin Management ‘‘(I) Agency capacity. ning Agency’ means the Tahoe Regional Unit is withdrawn from— ‘‘(J) Cost-effectiveness. Planning Agency established under Public ‘‘(A) all forms of entry, appropriation, or ‘‘(K) Federal funding history. Law 91–148 (83 Stat. 360) and Public Law 96– disposal under the public land laws; ‘‘(3) REVISIONS.—The Priority List sub- 551 (94 Stat. 3233). ‘‘(B) location, entry, and patent under the mitted under paragraph (1) shall be revised ‘‘(13) PRIORITY LIST.—The term ‘Priority mining laws; and every 2 years. List’ means the environmental restoration ‘‘(C) disposition under all laws relating to ‘‘(4) FUNDING.—Of the amounts made avail- priority list developed under section 5(b). mineral and geothermal leasing. able under section 10(a), $80,000,000 shall be ECRETARY made available to the Secretary to carry out ‘‘(14) S .—The term ‘Secretary’ ‘‘(2) EXCEPTIONS.—A conveyance of land means the Secretary of Agriculture, acting shall be exempt from withdrawal under this projects listed on the Priority List. ‘‘(c) RESTRICTION.—The Administrator through the Chief of the Forest Service. subsection if carried out under— shall use not more than 3 percent of the ‘‘(15) STREAM ENVIRONMENT ZONE.—The ‘‘(A) this Act; or term ‘Stream Environment Zone’ means an funds provided under subsection (a) for ad- ‘‘(B) Public Law 96–586 (94 Stat. 3381) (com- ministering the programs described in para- area that generally owes the biological and monly known as the ‘Santini-Burton Act’). physical characteristics of the area to the graphs (1) and (2) of subsection (d). ‘‘(e) ENVIRONMENTAL THRESHOLD CARRYING ‘‘(d) DESCRIPTION OF ACTIVITIES.— presence of surface water or groundwater. CAPACITY.—The Lake Tahoe Basin Manage- ‘‘(16) TOTAL MAXIMUM DAILY LOAD.—The ‘‘(1) FIRE RISK REDUCTION AND FOREST MAN- ment Unit shall support the attainment of AGEMENT.— term ‘total maximum daily load’ means the the environmental threshold carrying capac- total maximum daily load allocations adopt- ‘‘(A) IN GENERAL.—Of the amounts made ities. available under section 10(a), $150,000,000 ed under section 303(d) of the Federal Water ‘‘(f) COOPERATIVE AUTHORITIES.—During Pollution Control Act (33 U.S.C. 1313(d)). shall be made available to the Secretary to the 4 fiscal years following the date of enact- carry out, including by making grants, the ‘‘(17) WATERCRAFT.—The term ‘watercraft’ ment of the Water Resources Development means motorized and non-motorized following programs: Act of 2016, the Secretary, in conjunction ‘‘(i) Programs identified as part of the watercraft, including boats, seaplanes, per- with land adjustment programs, may enter sonal watercraft, kayaks, and canoes.’’. Lake Tahoe Basin Multi-Jurisdictional Fuel into contracts and cooperative agreements Reduction and Wildfire Prevention Strategy SEC. 7623. IMPROVED ADMINISTRATION OF THE with States, units of local government, and LAKE TAHOE BASIN MANAGEMENT 10-Year Plan. other public and private entities to provide ‘‘(ii) Competitive grants for fuels work to UNIT. for fuel reduction, erosion control, reforest- Section 4 of the Lake Tahoe Restoration be awarded by the Secretary to communities ation, Stream Environment Zone restora- Act (Public Law 106–506; 114 Stat. 2353) is that have adopted national wildland fire tion, and similar management activities on amended— codes to implement the applicable portion of Federal land and non-Federal land within (1) in subsection (b)(3), by striking ‘‘basin’’ the 10-year plan described in clause (i). the programs.’’. and inserting ‘‘Basin’’; and ‘‘(iii) Biomass programs, including feasi- (2) by adding at the end the following: SEC. 7624. AUTHORIZED PROGRAMS. bility assessments. ‘‘(c) FOREST MANAGEMENT ACTIVITIES.— The Lake Tahoe Restoration Act (Public ‘‘(iv) Angora Fire Restoration under the ‘‘(1) COORDINATION.— Law 106–506; 114 Stat. 2351) is amended by jurisdiction of the Secretary. ‘‘(A) IN GENERAL.—In conducting forest striking section 5 and inserting the fol- ‘‘(v) Washoe Tribe programs on tribal lands management activities in the Lake Tahoe lowing: within the Lake Tahoe Basin. Basin Management Unit, the Secretary shall, ‘‘SEC. 5. AUTHORIZED PROGRAMS. ‘‘(vi) Development of an updated Lake as appropriate, coordinate with the Adminis- ‘‘(a) IN GENERAL.—The Secretary, the As- Tahoe Basin multijurisdictional fuel reduc- trator and State and local agencies and orga- sistant Secretary, the Directors, and the Ad- tion and wildfire prevention strategy, con- nizations, including local fire departments ministrator, in coordination with the Plan- sistent with section 4(c). and volunteer groups. ning Agency and the States of California and ‘‘(vii) Development of updated community ‘‘(B) GOALS.—The coordination of activi- Nevada, may carry out or provide financial wildfire protection plans by local fire dis- ties under subparagraph (A) should aim to assistance to any program that— tricts. increase efficiencies and maximize the com- ‘‘(1) is described in subsection (d); ‘‘(viii) Municipal water infrastructure that patibility of management practices across ‘‘(2) is included in the Priority List under significantly improves the firefighting capa- public property boundaries. subsection (b); and bility of local government within the Lake ‘‘(2) MULTIPLE BENEFITS.— ‘‘(3) furthers the purposes of the Environ- Tahoe Basin. ‘‘(A) IN GENERAL.—In conducting forest mental Improvement Program if the pro- ‘‘(ix) Stewardship end result contracting management activities in the Lake Tahoe gram has been subject to environmental re- projects carried out under section 604 of the

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.027 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5561

Healthy Forests Restoration Act of 2003 (16 and spend fees for decontamination only at a ‘‘(b) CONSULTATION.—In carrying out this U.S.C. 6591c). level sufficient to cover the costs of oper- Act, the Secretary, the Administrator, and ‘‘(B) MINIMUM ALLOCATION.—Of the ation of inspection and decontamination sta- the Directors shall, as appropriate and in a amounts made available to the Secretary to tions under this paragraph. timely manner, consult with the heads of the carry out subparagraph (A), at least ‘‘(G) CIVIL PENALTIES.— Washoe Tribe, applicable Federal, State, re- $100,000,000 shall be used by the Secretary for ‘‘(i) IN GENERAL.—Any person that gional, and local governmental agencies, and programs under subparagraph (A)(i). launches, attempts to launch, or facilitates the Lake Tahoe Federal Advisory Com- ‘‘(C) PRIORITY.—Units of local government launching of watercraft not in compliance mittee. that have dedicated funding for inspections with strategies deployed under this para- ‘‘(c) CORPS OF ENGINEERS; INTERAGENCY and enforcement of defensible space regula- graph shall be liable for a civil penalty in an AGREEMENTS.— tions shall be given priority for amounts pro- amount not to exceed $1,000 per violation. ‘‘(1) IN GENERAL.—The Assistant Secretary vided under this paragraph. ‘‘(ii) OTHER AUTHORITIES.—Any penalties may enter into interagency agreements with ‘‘(D) COST-SHARING REQUIREMENTS.— assessed under this subparagraph shall be non-Federal interests in the Lake Tahoe ‘‘(i) IN GENERAL.—As a condition on the re- separate from penalties assessed under any Basin to use Lake Tahoe Partnership-Mis- ceipt of funds, communities or local fire dis- other authority. cellaneous General Investigations funds to tricts that receive funds under this para- ‘‘(H) LIMITATION.—The strategies and cri- provide programmatic technical assistance graph shall provide a 25-percent match. teria under subparagraphs (B) and (C), re- for the Environmental Improvement Pro- ‘‘(ii) FORM OF NON-FEDERAL SHARE.— spectively, may be modified if the Secretary gram. ‘‘(I) IN GENERAL.—The non-Federal share of the Interior, in a nondelegable capacity ‘‘(2) LOCAL COOPERATION AGREEMENTS.— required under clause (i) may be in the form and in consultation with the Planning Agen- ‘‘(A) IN GENERAL.—Before providing tech- of cash contributions or in-kind contribu- cy and State governments, issues a deter- nical assistance under this section, the As- tions, including providing labor, equipment, mination that alternative measures will be sistant Secretary shall enter into a local co- supplies, space, and other operational needs. no less effective at preventing introduction operation agreement with a non-Federal in- ‘‘(II) CREDIT FOR CERTAIN DEDICATED FUND- of aquatic invasive species into Lake Tahoe terest to provide for the technical assist- ING.—There shall be credited toward the non- than the strategies and criteria developed ance. Federal share required under clause (i) any under subparagraphs (B) and (C), respec- ‘‘(B) COMPONENTS.—The agreement entered dedicated funding of the communities or tively. into under subparagraph (A) shall— local fire districts for a fuels reduction man- ‘‘(I) SUPPLEMENTAL AUTHORITY.—The au- ‘‘(i) describe the nature of the technical as- agement program, defensible space inspec- thority under this paragraph is supplemental sistance; tions, or dooryard chipping. to all actions taken by non-Federal regu- ‘‘(ii) describe any legal and institutional ‘‘(III) DOCUMENTATION.—Communities and latory authorities. structures necessary to ensure the effective local fire districts shall— ‘‘(J) SAVINGS CLAUSE.—Nothing in this title long-term viability of the end products by ‘‘(aa) maintain a record of in-kind con- restricts, affects, or amends any other law or the non-Federal interest; and tributions that describes— the authority of any department, instrumen- ‘‘(iii) include cost-sharing provisions in ac- ‘‘(AA) the monetary value of the in-kind tality, or agency of the United States, or any cordance with subparagraph (C). contributions; and State or political subdivision thereof, re- ‘‘(C) FEDERAL SHARE.— ‘‘(BB) the manner in which the in-kind specting the control of invasive species. ‘‘(i) IN GENERAL.—The Federal share of pro- contributions assist in accomplishing pro- ‘‘(3) STORMWATER MANAGEMENT, EROSION gram costs under each local cooperation gram goals and objectives; and CONTROL, AND TOTAL WATERSHED RESTORA- agreement under this paragraph shall be 65 ‘‘(bb) document in all requests for Federal TION.—Of the amounts made available under percent. funding, and include in the total program section 10(a), $113,000,000 shall be made avail- ‘‘(ii) FORM.—The Federal share may be in budget, evidence of the commitment to pro- able— the form of reimbursements of program vide the non-Federal share through in-kind ‘‘(A) to the Secretary, the Secretary of the costs. contributions. Interior, the Assistant Secretary, or the Ad- ‘‘(iii) CREDIT.—The non-Federal interest ‘‘(2) INVASIVE SPECIES MANAGEMENT.— ministrator for the Federal share of may receive credit toward the non-Federal ‘‘(A) IN GENERAL.—Of the amounts made stormwater management and related pro- share for the reasonable costs of related available under section 10(a), $45,000,000 shall technical activities completed by the non- be made available to the Director of the grams consistent with the adopted Total Maximum Daily Load and near-shore water Federal interest before entering into a local United States Fish and Wildlife Service for cooperation agreement with the Assistant the Aquatic Invasive Species Program and quality goals; ‘‘(B) for grants by the Secretary and the Secretary under this paragraph. the watercraft inspections described in sub- ‘‘(d) EFFECTIVENESS EVALUATION AND MONI- paragraph (B). Administrator to carry out the programs de- scribed in subparagraph (A); TORING.—In carrying out this Act, the Sec- ‘‘(B) DESCRIPTION OF ACTIVITIES.—The Di- retary, the Administrator, and the Directors, ‘‘(C) to the Secretary or the Assistant Sec- rector of the United States Fish and Wildlife in coordination with the Planning Agency retary for the Federal share of the Upper Service, in coordination with the Assistant and the States of California and Nevada, Truckee River restoration programs and Secretary, the Planning Agency, the Cali- shall— other watershed restoration programs identi- fornia Department of Fish and Wildlife, and ‘‘(1) develop and implement a plan for inte- fied in the Priority List established under the Nevada Department of Wildlife, shall de- grated monitoring, assessment, and applied section 5(b); and ploy strategies consistent with the Lake research to evaluate the effectiveness of the ‘‘(D) for grants by the Administrator to Tahoe Aquatic Invasive Species Management Environmental Improvement Program; carry out the programs described in subpara- Plan to prevent the introduction or spread of ‘‘(2) include funds in each program funded graph (C). aquatic invasive species in the Lake Tahoe under this section for monitoring and assess- ‘‘(4) SPECIAL STATUS SPECIES MANAGE- region. ment of results at the program level; and MENT.—Of the amounts made available under ‘‘(C) CRITERIA.—The strategies referred to ‘‘(3) use the integrated multiagency per- section 10(a), $20,000,000 shall be made avail- in subparagraph (B) shall provide that— formance measures established under this able to the Director of the United States ‘‘(i) combined inspection and decontamina- section. Fish and Wildlife Service for the Lahontan tion stations be established and operated at ‘‘(e) REPORTING REQUIREMENTS.—Not later not less than 2 locations in the Lake Tahoe Cutthroat Trout Recovery Program.’’. than March 15 of each year, the Secretary, in region; and SEC. 7625. PROGRAM PERFORMANCE AND AC- cooperation with the Chair, the Adminis- ‘‘(ii) watercraft not be allowed to launch in COUNTABILITY. trator, the Directors, the Planning Agency, waters of the Lake Tahoe region if the The Lake Tahoe Restoration Act (Public and the States of California and Nevada, con- watercraft has not been inspected in accord- Law 106–506; 114 Stat. 2351) is amended by sistent with subsection (a), shall submit to ance with the Lake Tahoe Aquatic Invasive striking section 6 and inserting the fol- Congress a report that describes— Species Management Plan. lowing: ‘‘(1) the status of all Federal, State, local, ‘‘(D) CERTIFICATION.—The Planning Agency ‘‘SEC. 6. PROGRAM PERFORMANCE AND AC- and private programs authorized under this may certify State and local agencies to per- COUNTABILITY. Act, including to the maximum extent prac- form the decontamination activities de- ‘‘(a) PROGRAM PERFORMANCE AND ACCOUNT- ticable, for programs that will receive Fed- scribed in subparagraph (C)(i) at locations ABILITY.— eral funds under this Act during the current outside the Lake Tahoe Basin if standards at ‘‘(1) IN GENERAL.—Of the amounts made or subsequent fiscal year— the sites meet or exceed standards for simi- available under section 10(a), not less than ‘‘(A) the program scope; lar sites in the Lake Tahoe Basin established $5,000,000 shall be made available to the Sec- ‘‘(B) the budget for the program; and under this paragraph. retary to carry out this section. ‘‘(C) the justification for the program, con- ‘‘(E) APPLICABILITY.—The strategies and ‘‘(2) PLANNING AGENCY.—Of the amounts de- sistent with the criteria established in sec- criteria developed under this paragraph shall scribed in paragraph (1), not less than 50 per- tion 5(b)(2); apply to all watercraft to be launched on cent shall be made available to the Planning ‘‘(2) Federal, State, local, and private ex- water within the Lake Tahoe region. Agency to carry out the program oversight penditures in the preceding fiscal year to im- ‘‘(F) FEES.—The Director of the United and coordination activities established under plement the Environmental Improvement States Fish and Wildlife Service may collect subsection (d). Program;

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.027 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5562 CONGRESSIONAL RECORD — SENATE September 12, 2016 ‘‘(3) accomplishments in the preceding fis- under section 5 shall be available for obliga- permits applicable, as of the date of enact- cal year in implementing this Act in accord- tion on a 1-to-1 basis with funding of restora- ment of the Water Resources Development ance with the performance measures and tion activities in the Lake Tahoe Basin by Act of 2016, to the land described in subpara- other monitoring and assessment activities; the States of California and Nevada. graph (B)(ii) for the duration of the special and ‘‘(d) RELOCATION COSTS.—Notwithstanding use permits, and subject to the terms and ‘‘(4) public education and outreach efforts subsection (c), the Secretary shall provide to conditions of the special use permits. undertaken to implement programs author- local utility districts 2⁄3 of the costs of relo- ‘‘(3) NEVADA CONVEYANCES.— ized under this Act. cating facilities in connection with— ‘‘(A) IN GENERAL.—In accordance with this ‘‘(f) ANNUAL BUDGET PLAN.—As part of the ‘‘(1) environmental restoration programs section and on request by the Governor of annual budget of the President, the Presi- under sections 5 and 6; and Nevada, the Secretary may transfer the land dent shall submit information regarding ‘‘(2) erosion control programs under sec- or interests in land described in subpara- each Federal agency involved in the Envi- tion 2 of Public Law 96–586 (94 Stat. 3381). graph (B) to the State of Nevada without ronmental Improvement Program (including ‘‘(e) SIGNAGE.—To the maximum extent consideration, subject to appropriate deed the Forest Service, the Environmental Pro- practicable, a program provided assistance restrictions to protect the environmental tection Agency, the United States Fish and under this Act shall include appropriate quality and public recreational use of the Wildlife Service, the United States Geologi- signage at the program site that— land transferred. cal Survey, and the Corps of Engineers), in- ‘‘(1) provides information to the public ‘‘(B) DESCRIPTION OF LAND.—The land re- cluding— on— ferred to in subparagraph (A) includes— ‘‘(1) an interagency crosscut budget that ‘‘(A) the amount of Federal funds being ‘‘(i) the approximately 38.68 acres of Forest displays the proposed budget for use by each provided to the program; and Service land identified on the map entitled Federal agency in carrying out restoration ‘‘(B) this Act; and ‘State of Nevada Conveyances’ as ‘Van Sick- activities relating to the Environmental Im- ‘‘(2) displays the visual identity mark of le Unit USFS Inholding’; and provement Program for the following fiscal the Environmental Improvement Program.’’. ‘‘(ii) the approximately 92.28 acres of For- year; SEC. 7628. LAND TRANSFERS TO IMPROVE MAN- est Service land identified on the map enti- ‘‘(2) a detailed accounting of all amounts AGEMENT EFFICIENCIES OF FED- tled ‘State of Nevada Conveyances’ as ‘Lake ERAL AND STATE LAND. received and obligated by Federal agencies Tahoe Nevada State Park USFS Inholding’. Section 3(b) of Public Law 96–586 (94 Stat. ‘‘(C) CONDITIONS.—Any land conveyed to achieve the goals of the Environmental 3384) (commonly known as the ‘‘Santini-Bur- Improvement Program during the preceding under this paragraph shall— ton Act’’) is amended— ‘‘(i) be for the purpose of consolidating fiscal year; and (1) by striking ‘‘(b) Lands’’ and inserting ‘‘(3) a description of the Federal role in the Federal and State ownerships and improving the following: management efficiencies; Environmental Improvement Program, in- ‘‘(b) ADMINISTRATION OF ACQUIRED LAND.— cluding the specific role of each agency in- ‘‘(ii) not result in any significant changes ‘‘(1) IN GENERAL.—Land’’; and in the uses of the land; and volved in the restoration of the Lake Tahoe (2) by adding at the end the following: Basin.’’. ‘‘(iii) be subject to the condition that the ‘‘(2) CALIFORNIA CONVEYANCES.— applicable deed include such terms, restric- SEC. 7626. CONFORMING AMENDMENTS; UP- ‘‘(A) IN GENERAL.—If the State of Cali- tions, covenants, conditions, and reserva- DATES TO RELATED LAWS. fornia (acting through the California Tahoe tions as the Secretary determines nec- (a) LAKE TAHOE RESTORATION ACT.—The Conservancy and the California Department essary— Lake Tahoe Restoration Act (Public Law of Parks and Recreation) offers to donate to ‘‘(I) to ensure compliance with this Act; 106–506; 114 Stat. 2351) is amended— the United States the non-Federal land de- and (1) by striking sections 8 and 9; scribed in subparagraph (B)(i), the Sec- ‘‘(II) to ensure that the development rights (2) by redesignating sections 10, 11, and 12 retary— associated with the conveyed parcels shall as sections 8, 9, and 10, respectively; and ‘‘(i) may accept the offer; and not be recognized or available for transfer (3) in section 9 (as redesignated by para- ‘‘(ii) convey to the State of California, sub- under section 90.2 of the Code of Ordinances graph (2)) by inserting ‘‘, Director, or Admin- ject to valid existing rights and for no con- for the Tahoe Regional Planning Agency. istrator’’ after ‘‘Secretary’’. sideration, all right, title, and interest of the ‘‘(D) CONTINUATION OF SPECIAL USE PER- (b) TAHOE REGIONAL PLANNING COMPACT.— United States in and to the Federal land. MITS.—The land conveyance under this para- Subsection (c) of Article V of the Tahoe Re- ‘‘(B) DESCRIPTION OF LAND.— graph shall be subject to the condition that gional Planning Compact (Public Law 96–551; ‘‘(i) NON-FEDERAL LAND.—The non-Federal the State of Nevada accept all special use 94 Stat. 3240) is amended in the third sen- land referred to in subparagraph (A) in- permits applicable, as of the date of enact- tence by inserting ‘‘and, in so doing, shall cludes— ment of the Water Resources Development ensure that the regional plan reflects chang- ‘‘(I) the approximately 1,936 acres of land Act of 2016, to the land described in subpara- ing economic conditions and the economic administered by the California Tahoe Con- graph (B)(ii) for the duration of the special effect of regulation on commerce’’ after servancy and identified on the Maps as use permits, and subject to the terms and ‘‘maintain the regional plan’’. ‘Tahoe Conservancy to the USFS’; and conditions of the special use permits. (c) TREATMENT UNDER TITLE 49, UNITED ‘‘(II) the approximately 183 acres of land ‘‘(4) AUTHORIZATION FOR CONVEYANCE OF TATES ODE S C .—Section 5303(r)(2)(C) of title administered by California State Parks and FOREST SERVICE URBAN LOTS.— 49, United States Code, is amended— identified on the Maps as ‘Total USFS to ‘‘(A) CONVEYANCE AUTHORITY.—Except in (1) by inserting ‘‘and 25 square miles of California’. the case of land described in paragraphs (2) land area’’ after ‘‘145,000’’; and ‘‘(ii) FEDERAL LAND.—The Federal land re- and (3), the Secretary of Agriculture may (2) by inserting ‘‘and 12 square miles of ferred to in subparagraph (A) includes the convey any urban lot within the Lake Tahoe land area’’ after ‘‘65,000’’. approximately 1,995 acres of Forest Service Basin under the administrative jurisdiction SEC. 7627. AUTHORIZATION OF APPROPRIATIONS. land identified on the Maps as ‘U.S. Forest of the Forest Service. The Lake Tahoe Restoration Act (Public Service to Conservancy and State Parks’. ‘‘(B) CONSIDERATION.—A conveyance under Law 106–506; 114 Stat. 2351) is amended by ‘‘(C) CONDITIONS.—Any land conveyed subparagraph (A) shall require consideration striking section 10 (as redesignated by sec- under this paragraph shall— in an amount equal to the fair market value tion 7626(a)(2)) and inserting the following: ‘‘(i) be for the purpose of consolidating of the conveyed lot. ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. Federal and State ownerships and improving ‘‘(C) AVAILABILITY AND USE.—The proceeds ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— management efficiencies; from a conveyance under subparagraph (A) There is authorized to be appropriated to ‘‘(ii) not result in any significant changes shall be retained by the Secretary of Agri- carry out this Act $415,000,000 for a period of in the uses of the land; and culture and used for— 10 fiscal years beginning the first fiscal year ‘‘(iii) be subject to the condition that the ‘‘(i) purchasing inholdings throughout the after the date of enactment of the Water Re- applicable deed include such terms, restric- Lake Tahoe Basin; or sources Development Act of 2016. tions, covenants, conditions, and reserva- ‘‘(ii) providing additional funds to carry ‘‘(b) EFFECT ON OTHER FUNDS.—Amounts tions as the Secretary determines nec- out the Lake Tahoe Restoration Act (Public authorized under this section and any essary— Law 106–506; 114 Stat. 2351) in excess of amendments made by this Act— ‘‘(I) to ensure compliance with this Act; amounts made available under section 10 of ‘‘(1) shall be in addition to any other and that Act. amounts made available to the Secretary, ‘‘(II) to ensure that the transfer of develop- ‘‘(D) OBLIGATION LIMIT.—The obligation the Administrator, or the Directors for ex- ment rights associated with the conveyed and expenditure of proceeds retained under penditure in the Lake Tahoe Basin; and parcels shall not be recognized or available this paragraph shall be subject to such fiscal ‘‘(2) shall not reduce allocations for other for transfer under chapter 51 of the Code of year limitation as may be specified in an Act Regions of the Forest Service, the Environ- Ordinances for the Tahoe Regional Planning making appropriations for the Forest Serv- mental Protection Agency, or the United Agency. ice for a fiscal year. States Fish and Wildlife Service. ‘‘(D) CONTINUATION OF SPECIAL USE PER- ‘‘(5) REVERSION.—If a parcel of land trans- ‘‘(c) COST-SHARING REQUIREMENT.—Except MITS.—The land conveyance under this para- ferred under paragraph (2) or (3) is used in a as provided in subsection (d) and section graph shall be subject to the condition that manner that is inconsistent with the use de- 5(d)(1)(D), funds for activities carried out the State of California accept all special use scribed for the parcel of land in paragraph (2)

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.027 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5563 or (3), respectively, the parcel of land, shall, ‘‘(7) monitor the progress made toward departments and agencies that impact water at the discretion of the Secretary, revert to meeting the identified goals, actions, and quality in the Long Island Sound watershed the United States. schedules of the Comprehensive Conserva- in order to improve the water quality and ‘‘(6) FUNDING.— tion and Management Plan, including living resources of the watershed. ‘‘(A) IN GENERAL.—Of the amounts made through the implementation and support of a ‘‘(2) METHODS.—In carrying out this sec- available under section 10(a) of the Lake monitoring system for the ecological health tion, the Administrator, acting through the Tahoe Restoration Act (Public Law 106–506; and water quality conditions of Long Island Director of the Office, may— 114 Stat. 2351), $2,000,000 shall be made avail- Sound; and’’; ‘‘(A) enter into interagency agreements; able to the Secretary to carry out the activi- (3) in subsection (d)(3), in the second sen- and ties under paragraphs (2), (3), and (4). tence, by striking ‘‘50 per centum’’ and in- ‘‘(B) make intergovernmental personnel ‘‘(B) OTHER FUNDS.—Of the amounts avail- serting ‘‘60 percent’’; appointments. able to the Secretary under paragraph (1), (4) by redesignating subsection (f) as sub- ‘‘(3) FEDERAL PARTICIPATION IN WATERSHED not less than 50 percent shall be provided to section (i); and PLANNING.—A Federal department or agency the California Tahoe Conservancy to facili- (5) by inserting after subsection (e) the fol- that owns or occupies real property, or car- tate the conveyance of land described in lowing: ries out activities, within the Long Island paragraphs (2) and (3).’’. ‘‘(f) REPORT.— Sound watershed shall participate in re- ‘‘(1) IN GENERAL.—Not later than 2 years PART III—LONG ISLAND SOUND gional and subwatershed planning, protec- after the date of enactment of the Water Re- RESTORATION tion, and restoration activities with respect sources Development Act of 2016, and bienni- to the watershed. SEC. 7631. RESTORATION AND STEWARDSHIP ally thereafter, the Director of the Office, in PROGRAMS. ‘‘(4) CONSISTENCY WITH COMPREHENSIVE CON- consultation with the Governor of each Long SERVATION AND MANAGEMENT PLAN.—To the (a) LONG ISLAND SOUND RESTORATION PRO- Island Sound State, shall submit to Congress GRAM.—Section 119 of the Federal Water Pol- maximum extent practicable, the head of a report that— each Federal department and agency that lution Control Act (33 U.S.C. 1269) is amend- ‘‘(A) summarizes and assesses the progress ed— owns or occupies real property, or carries made by the Office and the Long Island out activities, within the Long Island Sound (1) in subsection (b), by striking the sub- Sound States in implementing the Long Is- section designation and heading and all that watershed shall ensure that the property and land Sound Comprehensive Conservation and all activities carried out by the department follows through ‘‘The Office shall’’ and in- Management Plan, including an assessment serting the following: or agency are consistent with the Long Is- of the progress made toward meeting the land Sound Comprehensive Conservation and ‘‘(b) OFFICE.— performance goals and milestones contained ‘‘(1) ESTABLISHMENT.—The Administrator Management Plan (including any related in the Plan; subsequent agreements and plans).’’. shall— ‘‘(B) assesses the key ecological attributes ‘‘(A) continue to carry out the conference (b) LONG ISLAND SOUND STEWARDSHIP PRO- that reflect the health of the ecosystem of GRAM.— study; and the Long Island Sound watershed; ‘‘(B) establish an office, to be located on or (1) LONG ISLAND SOUND STEWARDSHIP ADVI- ‘‘(C) describes any substantive modifica- SORY COMMITTEE.—Section 8 of the Long Is- near Long Island Sound. tions to the Long Island Sound Comprehen- ‘‘(2) ADMINISTRATION AND STAFFING.—The land Sound Stewardship Act of 2006 (33 U.S.C. sive Conservation and Management Plan 1269 note; Public Law 109–359) is amended— Office shall’’; made during the 2-year period preceding the (2) in subsection (c)— (A) in subsection (g), by striking ‘‘2011’’ date of submission of the report; and inserting ‘‘2021’’; and (A) in the matter preceding paragraph (1), ‘‘(D) provides specific recommendations to by striking ‘‘Management Conference of the (B) by adding at the end the following: improve progress in restoring and protecting ‘‘(h) NONAPPLICABILITY OF FACA.—The Long Island Sound Study’’ and inserting the Long Island Sound watershed, including, ‘‘conference study’’; Federal Advisory Committee Act (5 U.S.C. as appropriate, proposed modifications to the App.) shall not apply to— (B) in paragraph (2)— Long Island Sound Comprehensive Conserva- (i) in each of subparagraphs (A) through ‘‘(1) the Advisory Committee; or tion and Management Plan; ‘‘(2) any board, committee, or other group (G), by striking the commas at the end of the ‘‘(E) identifies priority actions for imple- subparagraphs and inserting semicolons; established under this Act.’’. mentation of the Long Island Sound Com- (2) REPORTS.—Section 9(b)(1) of the Long (ii) in subparagraph (H), by striking ‘‘, prehensive Conservation and Management and’’ and inserting a semicolon; Island Sound Stewardship Act of 2006 (33 Plan for the 2-year period following the date U.S.C. 1269 note; Public Law 109–359) is (iii) in subparagraph (I), by striking the pe- of submission of the report; and riod at the end and inserting a semicolon; amended in the matter preceding subpara- ‘‘(F) describes the means by which Federal graph (A) by striking ‘‘2011’’ and inserting and funding and actions will be coordinated with (iv) by adding at the end the following: ‘‘2021’’. the actions of the Long Island Sound States (3) AUTHORIZATION.—Section 11 of the Long ‘‘(J) environmental impacts on the Long and other entities. Island Sound watershed, including— Island Sound Stewardship Act of 2006 (33 ‘‘(2) PUBLIC AVAILABILITY.—The Adminis- ‘‘(i) the identification and assessment of U.S.C. 1269 note; Public Law 109–359) is trator shall make the report described in amended— vulnerabilities in the watershed; paragraph (1) available to the public, includ- ‘‘(ii) the development and implementation (A) by striking subsection (a); ing on the Internet. (B) by redesignating subsections (b) of adaptation strategies to reduce those ‘‘(g) ANNUAL BUDGET PLAN.—The President through (d) as subsections (a) through (c), re- vulnerabilities; and shall submit, together with the annual budg- spectively; and ‘‘(iii) the identification and assessment of et of the United States Government sub- (C) in subsection (a) (as so redesignated), the impacts of sea level rise on water qual- mitted under section 1105(a) of title 31, by striking ‘‘under this section each’’ and in- ity, habitat, and infrastructure; and United States Code, information regarding ‘‘(K) planning initiatives for Long Island each Federal department and agency in- serting ‘‘to carry out this Act for a’’. Sound that identify the areas that are most volved in the protection and restoration of (4) EFFECTIVE DATE.—The amendments suitable for various types or classes of ac- the Long Island Sound watershed, includ- made by this subsection take effect on Octo- tivities in order to reduce conflicts among ing— ber 1, 2011. uses, reduce adverse environmental impacts, ‘‘(1) an interagency crosscut budget that SEC. 7632. REAUTHORIZATION. facilitate compatible uses, or preserve crit- displays for each department and agency— (a) IN GENERAL.—There are authorized to ical ecosystem services to meet economic, ‘‘(A) the amount obligated during the pre- be appropriated to the Administrator such environmental, security, or social objec- ceding fiscal year for protection and restora- sums as are necessary for each of fiscal years tives;’’; tion projects and studies relating to the wa- 2017 through 2021 for the implementation of— (C) by striking paragraph (4) and inserting tershed; (1) section 119 of the Federal Water Pollu- the following: ‘‘(B) the estimated budget for the current tion Control Act (33 U.S.C. 1269), other than ‘‘(4) develop and implement strategies to fiscal year for protection and restoration subsection (d) of that section; and increase public education and awareness projects and studies relating to the water- (2) the Long Island Sound Stewardship Act with respect to the ecological health and shed; and of 2006 (33 U.S.C. 1269 note; Public Law 109– water quality conditions of Long Island ‘‘(C) the proposed budget for succeeding 359). Sound;’’; fiscal years for protection and restoration (b) LONG ISLAND SOUND GRANTS.—There is (D) in paragraph (5), by inserting ‘‘study’’ projects and studies relating to the water- authorized to be appropriated to the Admin- after ‘‘conference’’; shed; and istrator to carry out section 119(d) of the (E) in paragraph (6)— ‘‘(2) a summary of any proposed modifica- Federal Water Pollution Control Act (33 (i) by inserting ‘‘(including on the Inter- tions to the Long Island Sound Comprehen- U.S.C. 1269(d)) $40,000,000 for each of fiscal net)’’ after ‘‘the public’’; and sive Conservation and Management Plan for years 2017 through 2021. (ii) by inserting ‘‘study’’ after ‘‘con- the following fiscal year. (c) LONG ISLAND SOUND STEWARDSHIP ference’’; and ‘‘(h) FEDERAL ENTITIES.— GRANTS.—There is authorized to be appro- (F) by striking paragraph (7) and inserting ‘‘(1) COORDINATION.—The Administrator priated to the Administrator to carry out the following: shall coordinate the actions of all Federal the Long Island Sound Stewardship Act of

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.027 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5564 CONGRESSIONAL RECORD — SENATE September 12, 2016 2006 (33 U.S.C. 1269 note; Public Law 109–359) (13) the Delaware River supports an inter- toration program established under section $25,000,000 for each of fiscal years 2017 nationally renowned cold water fishery in 7643. through 2021. more than 80 miles of its northern head- (7) RESTORATION AND PROTECTION.—The PART IV—DELAWARE RIVER BASIN waters that attracts tens of thousands of term ‘‘restoration and protection’’ means CONSERVATION visitors each year and generates over the conservation, stewardship, and enhance- SEC. 7641. FINDINGS. $21,000,000 in annual revenue through tour- ment of habitat for fish and wildlife to pre- Congress finds that— ism and recreational activities; serve and improve ecosystems and ecological (1) the Delaware River Basin is a national (14) management of water volume in the processes on which they depend, and for use treasure of great cultural, environmental, Basin is critical to flood mitigation and and enjoyment by the public. ecological, and economic importance; habitat for fish and wildlife, and following 3 (8) SECRETARY.—The term ‘‘Secretary’’ (2) the Basin contains over 12,500 square major floods along the Delaware River since means the Secretary of the Interior, acting miles of land in the States of Delaware, New 2004, the Governors of the States of Dela- through the Director. Jersey, New York, and Pennsylvania, includ- ware, New Jersey, New York, and Pennsyl- (9) SERVICE.—The term ‘‘Service’’ means ing nearly 800 square miles of bay and more vania have called for natural flood damage the United States Fish and Wildlife Service. reduction measures to combat the problem, than 2,000 tributary rivers and streams; SEC. 7643. PROGRAM ESTABLISHMENT. (3) the Basin is home to more than 8,000,000 including restoring the function of riparian corridors; (a) ESTABLISHMENT.—Not later than 180 people who depend on the Delaware River (15) the Delaware River Port Complex (in- days after the date of enactment of this Act, and the Delaware Bay as an economic en- cluding docking facilities in the States of the Secretary shall establish a nonregula- gine, a place of recreation, and a vital habi- Delaware, New Jersey, and Pennsylvania) is tory program to be known as the ‘‘Delaware tat for fish and wildlife; one of the largest freshwater ports in the River Basin restoration program’’. (4) the Basin provides clean drinking water world, the Port of Philadelphia handles the to more than 15,000,000 people, including New (b) DUTIES.—In carrying out the program, largest volume of international tonnage and York City, which relies on the Basin for ap- the Secretary shall— 70 percent of the oil shipped to the East proximately half of the drinking water sup- (1) draw on existing and new management Coast, and the Port of Wilmington, a full- ply of the city, and Philadelphia, whose most plans for the Basin, or portions of the Basin, service deepwater port and marine terminal and work in consultation with applicable significant threat to the drinking water sup- supporting more than 12,000 jobs, is the busi- ply of the city is loss of forests and other management entities, including representa- est terminal on the Delaware River, handling tives of the Partnership for the Delaware Es- natural cover in the Upper Basin, according more than 400 vessels per year with an an- to a study conducted by the Philadelphia tuary, the Delaware River Basin Commis- nual import/export cargo tonnage of more sion, the Federal Government, and other Water Department; than 4,000,000 tons; (5) the Basin contributes $25,000,000,000 an- State and local governments, and regional (16) the Delaware Estuary, where fresh- and nonprofit organizations, as appropriate, nually in economic activity, provides water from the Delaware River mixes with $21,000,000,000 in ecosystem goods and serv- to identify, prioritize, and implement res- saltwater from the Atlantic Ocean, is one of toration and protection activities within the ices per year, and is directly or indirectly re- the largest and most complex of the 28 estu- sponsible for 600,000 jobs with $10,000,000,000 Basin; aries in the National Estuary Program, and (2) adopt a Basinwide strategy that— in annual wages; the Partnership for the Delaware Estuary (6) almost 180 species of fish and wildlife (A) supports the implementation of a works to improve the environmental health shared set of science-based restoration and are considered special status species in the of the Delaware Estuary; Basin due to habitat loss and degradation, protection activities developed in accordance (17) the Delaware River Basin Commission with paragraph (1); particularly sturgeon, eastern oyster, horse- is a Federal-interstate compact government shoe crabs, and red knots, which have been (B) targets cost-effective projects with agency charged with overseeing a unified ap- measurable results; and identified as unique species in need of habi- proach to managing the river system and im- tat improvement; (C) maximizes conservation outcomes with plementing important water resources man- no net gain of Federal full-time equivalent (7) the Basin provides habitat for over 200 agement projects and activities throughout resident and migrant fish species, includes employees; and the Basin that are in the national interest; (3) establish the voluntary grant and tech- significant recreational fisheries, and is an (18) restoration activities in the Basin are important source of eastern oyster, blue nical assistance programs in accordance with supported through several Federal and State section 7644. crab, and the largest population of the Amer- agency programs, and funding for those im- ican horseshoe crab; portant programs should continue and com- (c) COORDINATION.—In establishing the pro- (8) the annual dockside value of commer- plement the establishment of the Delaware gram, the Secretary shall consult, as appro- cial eastern oyster fishery landings for the River Basin Restoration Program, which is priate, with— Delaware Estuary is nearly $4,000,000, mak- intended to build on and help coordinate res- (1) the heads of Federal agencies, includ- ing it the fourth most lucrative fishery in toration and protection funding mechanisms ing— the Delaware River Basin watershed, and at the Federal, State, regional, and local lev- (A) the Administrator; proven management strategies are available els; and (B) the Administrator of the National Oce- to increase oyster habitat, abundance, and (19) the existing and ongoing voluntary anic and Atmospheric Administration; harvest; conservation efforts in the Delaware River (C) the Chief of the Natural Resources Con- (9) the Delaware Bay has the second larg- Basin necessitate improved efficiency and servation Service; est concentration of shorebirds in North cost effectiveness, as well as increased pri- (D) the Chief of Engineers; and America and is designated as one of the 4 vate-sector investments and coordination of (E) the head of any other applicable agen- most important shorebird migration sites in Federal and non-Federal resources. cy; the world; SEC. 7642. DEFINITIONS. (2) the Governors of the Basin States; (10) the Basin, 50 percent of which is for- In this part: (3) the Partnership for the Delaware Estu- ested, also has over 700,000 acres of wetland, (1) BASIN.—The term ‘‘Basin’’ means the 4- ary; more than 126,000 acres of which are recog- State Delaware Basin region, including all of (4) the Delaware River Basin Commission; nized as internationally important, resulting Delaware Bay and portions of the States of (5) fish and wildlife joint venture partner- in a landscape that provides essential eco- Delaware, New Jersey, New York, and Penn- ships; and system services, including recreation, com- sylvania located in the Delaware River wa- (6) other public agencies and organizations mercial, and water quality benefits; tershed. with authority for the planning and imple- (11) much of the remaining exemplary nat- (2) BASIN STATE.—The term ‘‘Basin State’’ mentation of conservation strategies in the ural landscape in the Basin is vulnerable to means each of the States of Delaware, New Basin. further degradation, as the Basin gains ap- Jersey, New York, and Pennsylvania. (d) PURPOSES.—The purposes of the pro- proximately 10 square miles of developed (3) DIRECTOR.—The term ‘‘Director’’ means gram include— land annually, and with new development, the Director of the United States Fish and (1) coordinating restoration and protection urban watersheds are increasingly covered Wildlife Service. activities among Federal, State, local, and by impervious surfaces, amplifying the quan- (4) FOUNDATION.—The term ‘‘Foundation’’ regional entities and conservation partners tity of polluted runoff into rivers and means the National Fish and Wildlife Foun- throughout the Basin; and streams; dation, a congressionally chartered founda- (2) carrying out coordinated restoration (12) the Delaware River is the longest tion established by section 2 of the National and protection activities, and providing for undammed river east of the Mississippi; a Fish and Wildlife Foundation Establishment technical assistance throughout the Basin critical component of the National Wild and Act (16 U.S.C. 3701). and Basin States— Scenic Rivers System in the Northeast, with (5) GRANT PROGRAM.—The term ‘‘grant pro- (A) to sustain and enhance fish and wildlife more than 400 miles designated; home to one gram’’ means the voluntary Delaware River habitat restoration and protection activities; of the most heavily visited National Park Basin Restoration Grant Program estab- (B) to improve and maintain water quality units in the United States, the Delaware lished under section 7644. to support fish and wildlife, as well as the Water Gap National Recreation Area; and (6) PROGRAM.—The term ‘‘program’’ means habitats of fish and wildlife, and drinking the location of 6 National Wildlife Refuges; the nonregulatory Delaware River Basin res- water for people;

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ANNUAL REPORTS. ‘‘(B) collect, characterize, and assess data ment for volume and flood damage mitiga- Not later than 180 days after the date of on water quality to identify possible causes tion improvements to benefit fish and wild- enactment of this Act and annually there- of environmental problems; and life habitat; after, the Secretary shall submit to Congress ‘‘(C) provide grants in accordance with sub- (D) to improve opportunities for public ac- a report on the implementation of this part, section (d) for projects that assist in— cess and recreation in the Basin consistent including a description of each project that ‘‘(i) eliminating or reducing pollution; with the ecological needs of fish and wildlife has received funding under this part. ‘‘(ii) cleaning up contaminated sites; habitat; SEC. 7646. AUTHORIZATION OF APPROPRIATIONS. ‘‘(iii) improving water quality; (E) to facilitate strategic planning to (a) IN GENERAL.—There is authorized to be ‘‘(iv) monitoring to evaluate trends; maximize the resilience of natural systems appropriated to the Secretary to carry out ‘‘(v) reducing runoff; and habitats under changing watershed con- this part $5,000,000 for each of fiscal years ‘‘(vi) protecting habitat; or ditions; 2017 through 2022. ‘‘(vii) promoting citizen engagement or (F) to engage the public through outreach, (b) USE.—Of any amount made available knowledge. education, and citizen involvement, to in- under this section for each fiscal year, the ‘‘(c) STAKEHOLDER WORKING GROUP.— crease capacity and support for coordinated Secretary shall use at least 75 percent to ‘‘(1) ESTABLISHMENT.—The Administrator restoration and protection activities in the carry out the grant program under section shall establish a Columbia River Basin Res- Basin; 7644 and to provide, or provide for, technical toration Working Group (referred to in this (G) to increase scientific capacity to sup- assistance under that program. subsection as the ‘Working Group’). ‘‘(2) MEMBERSHIP.— port the planning, monitoring, and research PART V—COLUMBIA RIVER BASIN ‘‘(A) IN GENERAL.—Membership in the activities necessary to carry out coordinated RESTORATION restoration and protection activities; and Working Group shall be on a voluntary basis SEC. 7651. COLUMBIA RIVER BASIN RESTORA- (H) to provide technical assistance to carry and any person invited by the Administrator TION. under this subsection may decline member- out restoration and protection activities in Title I of the Federal Water Pollution Con- the Basin. ship. trol Act (33 U.S.C. 1251 et seq.) is amended by ‘‘(B) INVITED REPRESENTATIVES.—The Ad- SEC. 7644. GRANTS AND ASSISTANCE. adding at the end the following: ministrator shall invite, at a minimum, rep- (a) DELAWARE RIVER BASIN RESTORATION ‘‘SEC. 123. COLUMBIA RIVER BASIN RESTORA- resentatives of— TION. GRANT PROGRAM.—To the extent that funds ‘‘(i) each State located in whole or in part are available to carry out this section, the ‘‘(a) DEFINITIONS.— within the Columbia River Basin; Secretary shall establish a voluntary grant ‘‘(1) COLUMBIA RIVER BASIN.—The term ‘Co- ‘‘(ii) the Governors of each State located in and technical assistance program to be lumbia River Basin’ means the entire United whole or in part with the Columbia River known as the ‘‘Delaware River Basin Res- States portion of the Columbia River water- Basin; toration Grant Program’’ to provide com- shed. ‘‘(iii) each federally recognized Indian tribe petitive matching grants of varying amounts ‘‘(2) ESTUARY PARTNERSHIP.—The term ‘Es- in the Columbia River Basin; to State and local governments, nonprofit tuary Partnership’ means the Lower Colum- ‘‘(iv) local governments located in the Co- organizations, institutions of higher edu- bia Estuary Partnership, an entity created lumbia River Basin; cation, and other eligible entities to carry by the States of Oregon and Washington and ‘‘(v) industries operating in the Columbia out activities described in section 7643(d). the Environmental Protection Agency under River Basin that affect or could affect water section 320. quality; (b) CRITERIA.—The Secretary, in consulta- ‘‘(3) ESTUARY PLAN.— tion with the organizations described in sec- ‘‘(vi) electric, water, and wastewater utili- ‘‘(A) IN GENERAL.—The term ‘Estuary Plan’ tion 7643(c), shall develop criteria for the ties operating in the Columba River Basin; means the Estuary Partnership Comprehen- ‘‘(vii) private landowners in the Columbia grant program to help ensure that activities sive Conservation and Management Plan River Basin; funded under this section accomplish one or adopted by the Environmental Protection ‘‘(viii) soil and water conservation districts more of the purposes identified in section Agency and the Governors of Oregon and in the Columbia River Basin; 7643(d)(2) and advance the implementation of Washington on October 20, 1999, under sec- ‘‘(ix) nongovernmental organizations that priority actions or needs identified in the tion 320. have a presence in the Columbia River Basin; Basinwide strategy adopted under section ‘‘(B) INCLUSION.—The term ‘Estuary Plan’ ‘‘(x) the general public in the Columbia 7643(b)(2). includes any amendments to the plan. River Basin; and (c) COST SHARING.— ‘‘(4) LOWER COLUMBIA RIVER ESTUARY.—The ‘‘(xi) the Estuary Partnership. (1) FEDERAL SHARE.—The Federal share of term ‘Lower Columbia River Estuary’ means ‘‘(3) GEOGRAPHIC REPRESENTATION.—The the cost of a project funded under the grant the mainstem Columbia River from the Bon- Working Group shall include representatives program shall not exceed 50 percent of the neville Dam to the Pacific Ocean and tidally from— total cost of the activity, as determined by influenced portions of tributaries to the Co- ‘‘(A) each State; and the Secretary. lumbia River in that region. ‘‘(B) each of the Lower, Middle, and Upper (2) NON-FEDERAL SHARE.—The non-Federal ‘‘(5) MIDDLE AND UPPER COLUMBIA RIVER Basins of the Columbia River. share of the cost of a project funded under BASIN.—The term ‘Middle and Upper Colum- ‘‘(4) DUTIES AND RESPONSIBILITIES.—The the grant program may be provided in cash bia River Basin’ means the region consisting Working Group shall— or in the form of an in-kind contribution of of the United States portion of the Columbia ‘‘(A) recommend and prioritize projects services or materials. River Basin above Bonneville Dam. and actions; and (d) ADMINISTRATION.— ‘‘(6) PROGRAM.—The term ‘Program’ means ‘‘(B) review the progress and effectiveness (1) IN GENERAL.—The Secretary may enter the Columbia River Basin Restoration Pro- of projects and actions implemented. into an agreement to manage the grant pro- gram established under subsection (b)(1)(A). ‘‘(5) LOWER COLUMBIA RIVER ESTUARY.— gram with the National Fish and Wildlife ‘‘(b) COLUMBIA RIVER BASIN RESTORATION ‘‘(A) ESTUARY PARTNERSHIP.—The Estuary Foundation or a similar organization that PROGRAM.— Partnership shall perform the duties and ful- offers grant management services. ‘‘(1) ESTABLISHMENT.— fill the responsibilities of the Working Group (2) FUNDING.—If the Secretary enters into ‘‘(A) IN GENERAL.—The Administrator shall described in paragraph (4) as those duties an agreement under paragraph (1), the orga- establish within the Environmental Protec- and responsibilities relate to the Lower Co- nization selected shall— tion Agency a Columbia River Basin Res- lumbia River Estuary for such time as the (A) for each fiscal year, receive amounts to toration Program. Estuary Partnership is the management con- carry out this section in an advance pay- ‘‘(B) EFFECT.— ference for the Lower Columbia River Na- ment of the entire amount on October 1, or ‘‘(i) The establishment of the Program does tional Estuary Program under section 320. as soon as practicable thereafter, of that fis- not modify any legal or regulatory authority ‘‘(B) DESIGNATION.—If the Estuary Partner- cal year; or program in effect as of the date of enact- ship ceases to be the management conference (B) invest and reinvest those amounts for ment of this section, including the roles of for the Lower Columbia River National Estu- the benefit of the grant program; and Federal agencies in the Columbia River ary Program under section 320, the Adminis- (C) otherwise administer the grant pro- Basin. trator may designate the new management gram to support partnerships between the ‘‘(ii) This section does not create any new conference to assume the duties and respon- public and private sectors in accordance with regulatory authority. sibilities of the Working Group described in this part. ‘‘(2) SCOPE OF PROGRAM.—The Program paragraph (4) as those duties and responsibil- (3) REQUIREMENTS.—If the Secretary enters shall consist of a collaborative stakeholder- ities relate to the Lower Columbia River Es- into an agreement with the Foundation based program for environmental protection tuary. under paragraph (1), any amounts received and restoration activities throughout the ‘‘(C) INCORPORATION.—If the Estuary Part- by the Foundation under this section shall Columbia River Basin. nership is removed from the National Estu- be subject to the National Fish and Wildlife ‘‘(3) DUTIES.—The Administrator shall— ary Program, the duties and responsibilities Foundation Establishment Act (16 U.S.C. ‘‘(A) assess trends in water quality, includ- for the lower 146 miles of the Columbia River 3701 et seq.), excluding section 10(a) of that ing trends that affect uses of the water of the pursuant to this Act shall be incorporated Act (16 U.S.C. 3709(a)). Columbia River Basin; into the duties of the Working Group.

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‘‘(d) GRANTS.— ‘‘(3) the proposed budget for protection and Subtitle H—Offset ‘‘(1) IN GENERAL.—The Administrator shall restoration projects, programs, and studies SEC. 7801. OFFSET. establish a voluntary, competitive Columbia relating to the Columbia River Basin.’’. None of the funds available to the Sec- River Basin program to provide grants to Subtitle G—Innovative Water Infrastructure retary of Energy to provide any credit sub- State governments, tribal governments, re- Workforce Development sidy under subsection (d) of section 136 of the gional water pollution control agencies and SEC. 7701. INNOVATIVE WATER INFRASTRUC- Energy Independence and Security Act of entities, local government entities, non- TURE WORKFORCE DEVELOPMENT 2007 (42 U.S.C. 17013) as of the date of enact- governmental entities, or soil and water con- PROGRAM. ment of this Act shall be obligated for new servation districts to develop or implement (a) GRANTS AUTHORIZED.—The Adminis- loan commitments under that subsection on projects authorized under this section for the trator shall establish a competitive grant or after October 1, 2020. purpose of environmental protection and res- program to assist the development of innova- toration activities throughout the Columbia tive activities relating to workforce develop- TITLE VIII—MISCELLANEOUS PROVISIONS River Basin. ment in the water utility sector. SEC. 8001. APPROVAL OF STATE PROGRAMS FOR ‘‘(2) FEDERAL SHARE.— (b) SELECTION OF GRANT RECIPIENTS.—In CONTROL OF COAL COMBUSTION ‘‘(A) IN GENERAL.—Except as provided in awarding grants under subsection (a), the RESIDUALS. subparagraph (B), the Federal share of the Administrator shall, to the maximum extent Section 4005 of the Solid Waste Disposal cost of any project or activity carried out practicable, select water utilities that— Act (42 U.S.C. 6945) is amended by adding at (1) are geographically diverse; using funds from a grant provided to any the end the following: (2) address the workforce and human re- person (including a State, tribal, or local ‘‘(d) STATE PROGRAMS FOR CONTROL OF sources needs of large and small public water government or interstate or regional agency) COAL COMBUSTION RESIDUALS.— and wastewater utilities; under this subsection for a fiscal year— ‘‘(1) APPROVAL BY ADMINISTRATOR.— ‘‘(i) shall not exceed 75 percent of the total (3) address the workforce and human re- sources needs of urban and rural public ‘‘(A) IN GENERAL.—Each State may submit cost of the project or activity; and to the Administrator, in such form as the ‘‘(ii) shall be made on condition that the water and wastewater utilities; (4) advance training relating to construc- Administrator may establish, evidence of a non-Federal share of that total cost shall be permit program or other system of prior ap- provided from non-Federal sources. tion, utility operations, treatment and dis- tribution, green infrastructure, customer proval and conditions under State law for ‘‘(B) EXCEPTIONS.—With respect to cost- service, maintenance, and engineering; and regulation by the State of coal combustion sharing for a grant provided under this sub- (5)(A) have a high retiring workforce rate; residual units that are located in the State section— or in lieu of a Federal program under this sub- ‘‘(i) a tribal government may use Federal (B) are located in areas with a high unem- section. funds for the non-Federal share; and ployment rate. ‘‘(B) REQUIREMENT.—Not later than 90 days ‘‘(ii) the Administrator may increase the (c) USE OF FUNDS.—Grants awarded under after the date on which a State submits the Federal share under such circumstances as subsection (a) may be used for activities evidence described in subparagraph (A), the the Administrator determines to be appro- such as— Administrator shall approve, in whole or in priate. (1) targeted internship, apprenticeship, part, a permit program or other system of ‘‘(3) ALLOCATION.—In making grants using preapprenticeship, and post-secondary bridge prior approval and conditions submitted funds appropriated to carry out this section, programs for mission-critical skilled trades, under subparagraph (A) if the Administrator the Administrator shall— in collaboration with labor organizations, determines that the program or other sys- ‘‘(A) provide not less than 25 percent of the community colleges, and other training and tem requires each coal combustion residual funds to make grants for projects, programs, education institutions that provide— unit located in the State to achieve compli- and studies in the Lower Columbia River Es- (A) on-the-job training; ance with— tuary; (B) soft and hard skills development; ‘‘(i) the applicable criteria for coal com- ‘‘(B) provide not less than 25 percent of the (C) test preparation for skilled trade ap- bustion residual units under part 257 of title funds to make grants for projects, programs, prenticeships; or 40, Code of Federal Regulations (or successor and studies in the Middle and Upper Colum- (D) other support services to facilitate regulations), promulgated pursuant to sec- bia River Basin, which includes the Snake post-secondary success; tions 1008(a)(3) and 4004(a); or River Basin; and (2) kindergarten through 12th grade and ‘‘(ii) such other State criteria that the Ad- ‘‘(C) retain for Environmental Protection young adult education programs that— ministrator, after consultation with the Agency not more than 5 percent of the funds (A) educate young people about the role of State, determines to be at least as protective for purposes of implementing this section. water and wastewater utilities in the com- as the criteria described in clause (i). ‘‘(4) REPORTING.— munities of the young people; ‘‘(C) PERMIT REQUIREMENTS.—The Adminis- ‘‘(A) IN GENERAL.—Each grant recipient (B) increase the career awareness and expo- trator may approve under subparagraph under this subsection shall submit to the Ad- sure of the young people to water utility ca- (B)(ii) a State permit program or other sys- ministrator reports on progress being made reers through various work-based learning tem of prior approval and conditions that al- in achieving the purposes of this section. opportunities inside and outside the class- lows a State to include technical standards ‘‘(B) REQUIREMENTS.—The Administrator room; and for individual permits or conditions of ap- shall establish requirements and timelines (C) connect young people to post-secondary proval that differ from the technical stand- for recipients of grants under this subsection career pathways related to water utilities; ards under part 257 of title 40, Code of Fed- to report on progress made in achieving the (3) regional industry and workforce devel- eral Regulations (or successor regulations), purposes of this section. opment collaborations to identify water util- if, based on site-specific conditions, the tech- ‘‘(5) RELATIONSHIP TO OTHER FUNDING.— ity employment needs, map existing career nical standards established pursuant to an ‘‘(A) IN GENERAL.—Nothing in this sub- pathways, support the development of cur- approved State program or other system are section limits the eligibility of the Estuary ricula, facilitate the sharing of resources, at least as protective as the technical stand- Partnership to receive funding under section and coordinate candidate development, staff ards under that part. 320(g). preparedness efforts, and activities that en- ‘‘(D) WITHDRAWAL OF APPROVAL.— ‘‘(B) LIMITATION.—None of the funds made gage and support— ‘‘(i) PROGRAM REVIEW.—The Administrator available under this subsection may be used (A) water utilities employers; shall review programs or other systems ap- for the administration of a management con- (B) educational and training institutions; proved under subparagraph (B)— ference under section 320. (C) local community-based organizations; ‘‘(I) from time to time, but not less fre- ‘‘(e) ANNUAL BUDGET PLAN.—The President, (D) public workforce agencies; and quently than once every 5 years; or as part of the annual budget submission of (E) other related stakeholders; ‘‘(II) on request of any State. the President to Congress under section (4) integrated learning laboratories embed- ‘‘(ii) NOTIFICATION AND OPPORTUNITY FOR A ded in high schools or other secondary edu- PUBLIC HEARING.—The Administrator shall 1105(a) of title 31, United States Code, shall cational institutions that provide students provide to the relevant State notice and an submit information regarding each Federal with— opportunity for a public hearing if the Ad- agency involved in protection and restora- (A) hands-on, contextualized learning op- ministrator determines that— tion of the Columbia River Basin, including portunities; ‘‘(I) a revision or correction to the permit an interagency crosscut budget that displays (B) dual enrollment credit for post-sec- program or other system of prior approval for each Federal agency— ondary education and training programs; and and conditions of the State is required for ‘‘(1) the amounts obligated for the pre- (C) direct connection to industry employ- the State to achieve compliance with the re- ceding fiscal year for protection and restora- ers; and quirements of subparagraph (B); tion projects, programs, and studies relating (5) leadership development, occupational ‘‘(II) the State has not adopted and imple- to the Columbia River Basin; training, mentoring, or cross-training pro- mented an adequate permit program or other ‘‘(2) the estimated budget for the current grams that ensure that incumbent water and system of prior approval and conditions for fiscal year for protection and restoration wastewater utilities workers are prepared for each coal combustion residual unit located projects, programs, and studies relating to higher-level supervisory or management- in the State to ensure compliance with the the Columbia River Basin; and level positions. requirements of subparagraph (B); or

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.027 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5567 ‘‘(III) the State has, at any time, approved is approved to operate a permit program or (2) to approve, ratify, and confirm the Set- or failed to revoke a permit under this sub- other system of prior approval and condi- tlement Agreement; section that would lead to the violation of a tions under paragraph (1)(B), the Adminis- (3) to authorize and direct the Secretary of law to protect human health or the environ- trator may commence an administrative or the Interior to execute the Settlement ment of any other State. judicial enforcement action under section Agreement and to perform all obligations of ‘‘(iii) WITHDRAWAL.— 3008 if— the Secretary of the Interior under the Set- ‘‘(I) IN GENERAL.—The Administrator shall ‘‘(I) the State requests that the Adminis- tlement Agreement and this section; withdraw approval of a State permit pro- trator provide assistance in the performance (4) to approve, ratify, and confirm the gram or other system of prior approval and of the enforcement action; or amended storage contract among the State, conditions if, after the Administrator pro- ‘‘(II) after consideration of any other ad- the City and the Trust; vides notice and an opportunity for a public ministrative or judicial enforcement action (5) to authorize and direct the Secretary to hearing to the relevant State under clause involving the coal combustion residual unit, approve the amended storage contract for (ii), the Administrator determines that the the Administrator determines that an en- the Corps of Engineers to perform all obliga- State has not corrected the deficiency. forcement action is likely to be necessary to tions under the 1974 storage contract, the ‘‘(II) REINSTATEMENT OF STATE APPROVAL.— ensure that the coal combustion residual amended storage contract, and this section; Any withdrawal of approval under subclause unit is operating in accordance with the cri- and (I) shall cease to be effective on the date on teria established under the permit program (6) to authorize all actions necessary for which the Administrator makes a determina- or other system of prior approval and condi- the United States to meet its obligations tion that the State permit program or other tions. under the Settlement Agreement, the system of prior approval and conditions com- ‘‘(ii) NOTIFICATION.—In the case of an en- amended storage contract, and this section. plies with the requirements of subparagraph forcement action by the Administrator (b) DEFINITIONS.—In this section: (B). under clause (i)(II), before issuing an order or (1) 1974 STORAGE CONTRACT.—The term ‘‘(2) NONPARTICIPATING STATES.— commencing a civil action, the Adminis- ‘‘1974 storage contract’’ means the contract ‘‘(A) DEFINITION OF NONPARTICIPATING trator shall notify the State in which the approved by the Secretary on April 9, 1974, STATE.—In this paragraph, the term ‘non- coal combustion residual unit is located. between the Secretary and the Water Con- servation Storage Commission of the State participating State’ means a State— ‘‘(iii) ANNUAL REPORT TO CONGRESS.—Not ‘‘(i) for which the Administrator has not later than December 31, 2017, and December of Oklahoma pursuant to section 301 of the approved a State permit program or other 31 of each year thereafter, the Administrator Water Supply Act of 1958 (43 U.S.C. 390b), and system of prior approval and conditions shall submit to the Committee on Environ- other applicable Federal law. (2) 2010 AGREEMENT.—The term ‘‘2010 agree- under paragraph (1)(B); ment and Public Works of the Senate and ment’’ means the agreement entered into ‘‘(ii) the Governor of which has not sub- the Committee on Energy and Commerce of among the OWRB and the Trust, dated June mitted to the Administrator for approval the House of Representatives a report that 15, 2010, relating to the assignment by the evidence to operate a State permit program describes any enforcement action com- State of the 1974 storage contract and trans- or other system of prior approval and condi- menced under clause (i)(II), including a de- fer of rights, title, interests, and obligations tions under paragraph (1)(A); scription of the basis for the enforcement ac- ‘‘(iii) the Governor of which has provided under that contract to the Trust, including tion. notice to the Administrator that, not fewer the interests of the State in the conservation ‘‘(5) INDIAN COUNTRY.—The Administrator than 90 days after the date on which the Gov- storage capacity and associated repayment may establish and carry out a permit pro- ernor provides notice to the Administrator, obligations to the United States. gram, in accordance with this subsection, for the State relinquishes an approval under (3) ADMINISTRATIVE SET-ASIDE SUB- coal combustion residual units in Indian paragraph (1)(B) to operate a permit program CONTRACTS.—The term ‘‘administrative set- country (as defined in section 1151 of title 18, or other system of prior approval and condi- aside subcontracts’’ means the subcontracts United States Code) to require each coal tions; or the City shall issue for the use of Conserva- combustion residual unit located in Indian ‘‘(iv) for which the Administrator has tion Storage Capacity in Sardis Lake as pro- country to achieve compliance with the ap- withdrawn approval for a permit program or vided by section 4 of the amended storage plicable criteria established by the Adminis- other system of prior approval and condi- contract. trator under part 257 of title 40, Code of Fed- tions under paragraph (1)(D)(iii). (4) ALLOTMENT.—The term ‘‘allotment’’ eral Regulations (or successor regulations). ‘‘(B) PERMIT PROGRAM.—In the case of a means the land within the Settlement Area nonparticipating State for which the Admin- ‘‘(6) TREATMENT OF COAL COMBUSTION RESID- held by an allottee subject to a statutory re- istrator makes a determination that the UAL UNITS.—A coal combustion residual unit striction on alienation or held by the United nonparticipating State lacks the capacity to shall be considered to be a sanitary landfill States in trust for the benefit of an allottee. implement a permit program or other sys- for purposes of subsection (a) only if the coal (5) ALLOTTEE.—The term ‘‘allottee’’ means tem of prior approval and conditions and combustion residual unit is operating in ac- an enrolled member of the Choctaw Nation subject to the availability of appropriations, cordance with— or citizen of the Chickasaw Nation who, or the Administrator may implement a permit ‘‘(A) the requirements established pursu- whose estate, holds an interest in an allot- program to require each coal combustion re- ant to a program for which an approval is ment. sidual unit located in the nonparticipating provided by— (6) AMENDED PERMIT APPLICATION.—The State to achieve compliance with applicable ‘‘(i) the State in accordance with a pro- term ‘‘amended permit application’’ means criteria established by the Administrator gram or system approved under paragraph the permit application of the City to the under part 257 of title 40, Code of Federal (1)(B); or OWRB, No. 2007–17, as amended as provided Regulations (or successor regulations). ‘‘(ii) the Administrator pursuant to para- by the Settlement Agreement. ‘‘(3) APPLICABILITY OF CRITERIA.—The ap- graph (2)(B) or paragraph (5); or (7) AMENDED STORAGE CONTRACT TRANSFER plicable criteria for coal combustion residual ‘‘(B) the applicable criteria for coal com- AGREEMENT; AMENDED STORAGE CONTRACT .— units under part 257 of title 40, Code of Fed- bustion residual units under part 257 of title The terms ‘‘amended storage contract trans- eral Regulations (or successor regulations), 40, Code of Federal Regulations (or successor fer agreement’’ and ‘‘amended storage con- promulgated pursuant to sections 1008(a)(3) regulations), promulgated pursuant to sec- tract’’ mean the 2010 Agreement between the and 4004(a), shall apply to each coal combus- tions 1008(a)(3) and 4004(a). City, the Trust, and the OWRB, as amended, tion residual unit in a State unless— ‘‘(7) EFFECT OF SUBSECTION.—Nothing in as provided by the Settlement Agreement ‘‘(A) a permit under a State permit pro- this subsection affects any authority, regu- and this section. gram or other system of prior approval and latory determination, other law, or legal ob- (8) ATOKA AND SARDIS CONSERVATION conditions approved by the Administrator ligation in effect on the day before the date PROJECTS FUND.—The term ‘‘Atoka and Sar- under paragraph (1)(B) is in effect; or of enactment of the Water Resources Devel- dis Conservation Projects Fund’’ means the ‘‘(B) a permit issued by the Administrator opment Act of 2016.’’. Atoka and Sardis Conservation Projects in a State in which the Administrator is im- SEC. 8002. CHOCTAW NATION OF OKLAHOMA AND Fund established, funded, and managed in plementing a permit program under para- THE CHICKASAW NATION WATER accordance with the Settlement Agreement. graph (2)(B) is in effect. SETTLEMENT. (9) CITY.—The term ‘‘City’’ means the City ‘‘(4) PROHIBITION ON OPEN DUMPING.— (a) PURPOSES.—The purposes of this section of Oklahoma City, or the City and the Trust ‘‘(A) IN GENERAL.—Except as provided in are— acting jointly, as applicable. subparagraph (B)(i) and subject to subpara- (1) to permanently resolve and settle those (10) CITY PERMIT.—The term ‘‘City permit’’ graph (B)(ii), the Administrator may use the claims to Settlement Area Waters of the means any permit issued to the City by the authority provided by sections 3007 and 3008 Choctaw Nation of Oklahoma and the Chick- OWRB pursuant to the amended permit ap- to enforce the prohibition against open asaw Nation as set forth in the Settlement plication and consistent with the Settlement dumping contained in subsection (a) with re- Agreement and this section, including all Agreement. spect to a coal combustion residual unit. claims or defenses in and to Chickasaw Na- (11) CONSERVATION STORAGE CAPACITY.—The ‘‘(B) FEDERAL ENFORCEMENT IN APPROVED tion, Choctaw Nation v. Fallin et al., CIV 11– term ‘‘conservation storage capacity’’ means STATE.— 927 (W.D. Ok.), OWRB v. United States, et al. the total storage space as stated in the 1974 ‘‘(i) IN GENERAL.—In the case of a coal com- CIV 12–275 (W.D. Ok.), or any future stream storage contract in Sardis Lake between ele- bustion residual unit located in a State that adjudication; vations 599.0 feet above mean sea level and

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(4) CONSERVATION STORAGE CAPACITY.—The forceability date’’ means the date on which (ix) Mountain Fork (4). allocation of the use of the conservation the Secretary of the Interior publishes in the (x) Middle Washita (15 and 16). storage capacity in Sardis Lake for adminis- Federal Register a notice certifying that the (xi) Mud Creek (23). trative set-aside subcontracts, City water conditions of subsection (i) have been satis- (xii) Muddy Boggy (7 and 8). supply, and fish and wildlife and recreation fied. (xiii) Poteau (44 and 45). as provided by the amended storage contract (13) FUTURE USE STORAGE.—The term ‘‘fu- (xiv) Red River Mainstem (1, 10, 13, and 21) is authorized, ratified and approved. ture use storage’’ means that portion of the (xv) Upper Little (3). (5) ACTIVATION; WAIVER.— conservation storage capacity that was des- (xvi) Walnut Bayou (22). (A) FINDINGS.—Congress finds that— ignated by the 1974 Contract to be utilized (20) STATE.—The term ‘‘State’’ means the (i) the earliest possible activation of any for future water use storage and was esti- State of Oklahoma. increment of future use storage in Sardis mated to contain 155,500 acre feet of water (21) TRUST.— Lake will not occur until after 2050; and after adjustment for sediment deposits, or (A) IN GENERAL.—The term ‘‘Trust’’ means (ii) the obligation to make annual pay- 52.322 percent of the conservation storage ca- the Oklahoma City Water Utilities Trust, ments for the Sardis future use storage oper- pacity. formerly known as the Oklahoma City Mu- ation, maintenance and replacement costs, (14) NATIONS.—The term ‘‘Nations’’ means, nicipal Improvement Authority, a public capital costs, or interest attributable to Sar- collectively, the Choctaw Nation of Okla- trust established pursuant to State law with dis future use storage only arises if, and only homa (‘‘Choctaw Nation’’) and the Chicka- the City as the beneficiary. to the extent, that an increment of Sardis saw Nation. (B) REFERENCES.—A reference in this sec- future use storage is activated by with- (15) OWRB.—The term ‘‘OWRB’’ means the tion to ‘‘Trust’’ shall refer to the Oklahoma drawal or release of water from the future Oklahoma Water Resources Board. City Water Utilities Trust, acting severally. use storage that is authorized by the user for (16) SARDIS LAKE.—The term ‘‘Sardis Lake’’ (c) APPROVAL OF THE SETTLEMENT AGREE- a consumptive use of water. means the reservoir, formerly known as MENT.— (B) WAIVER OF OBLIGATIONS FOR STORAGE Clayton Lake, whose dam is located in Sec- (1) RATIFICATION.— THAT IS NOT ACTIVATED.—Notwithstanding tion 19, Township 2 North, Range 19 East of (A) IN GENERAL.—Except as modified by section 301 of the Water Supply Act of 1958 the Indian Meridian, Pushmataha County, this section, and to the extent the Settle- (43 U.S.C. 390b), section 203 of the Flood Con- Oklahoma, the construction, operation, and ment Agreement does not conflict with this trol Act of 1962 (Public Law 87–874; 76 Stat. maintenance of which was authorized by sec- section, the Settlement Agreement is au- 1187), the 1974 storage contract, or any other tion 203 of the Flood Control Act of 1962 thorized, ratified, and confirmed. provision of law, effective as of January 1, (Public Law 87–874; 76 Stat. 1187). (B) AMENDMENTS.—If an amendment is exe- 2050— (17) SETTLEMENT AGREEMENT.—The term cuted to make the Settlement Agreement (i) the entirety of any repayment obliga- ‘‘Settlement Agreement’’ means the settle- consistent with this section, the amendment tions (including interest), relating to that ment agreement as approved by the Nations, is also authorized, ratified and confirmed to portion of conservation storage capacity al- the State, the City, and the Trust effective the extent the amendment is consistent with located by the 1974 storage contract to fu- August 22, 2016, as revised to conform with this section. ture use storage in Sardis Lake is waived this section, as applicable. (2) EXECUTION OF SETTLEMENT AGREE- and shall be considered nonreimbursable; and (18) SETTLEMENT AREA.—The term ‘‘settle- MENT.— (ii) any obligation of the State and, on exe- ment area’’ means— (A) IN GENERAL.—To the extent the Settle- cution and approval of the amended storage (A) the area lying between— ment Agreement does not conflict with this contract, of the City and the Trust, under (i) the South Canadian River and Arkansas section, the Secretary of the Interior shall the 1974 storage contract regarding capital River to the north; promptly execute the Settlement Agree- costs and any operation, maintenance, and (ii) the Oklahoma–Texas State line to the ment, including all exhibits to or parts of replacement costs and interest otherwise at- south; the Settlement Agreement requiring the sig- tributable to future use storage in Sardis (iii) the Oklahoma–Arkansas State line to nature of the Secretary of the Interior and Lake is waived and shall be nonreimburs- the east; and any amendments necessary to make the Set- able, if by January 1, 2050, the right to future (iv) the 98th Meridian to the west; and tlement Agreement consistent with this sec- use storage is not activated by the with- (B) the area depicted in Exhibit 1 to the tion. drawal or release of water from future use Settlement Agreement and generally includ- (B) NOT A MAJOR FEDERAL ACTION.—Execu- storage for an authorized consumptive use of ing the following counties, or portions of, in tion of the Settlement Agreement by the water. the State: Secretary of the Interior under this sub- (6) CONSISTENT WITH AUTHORIZED PURPOSES; (i) Atoka. section shall not constitute a major Federal NO MAJOR OPERATIONAL CHANGE.— (ii) Bryan. action under the National Environmental (A) CONSISTENT WITH AUTHORIZED PUR- (iii) Carter. Policy Act of 1969 (42 U.S.C. 4321 et seq.). POSE.—The amended storage contract, the (iv) Choctaw. (d) APPROVAL OF THE AMENDED STORAGE approval of the Secretary of the amended (v) Coal. CONTRACT AND 1974 STORAGE CONTRACT.— storage contract, and the waiver of future (vi) Garvin. (1) RATIFICATION.— use storage under paragraph (5)— (vii) Grady. (A) IN GENERAL.—Except to the extent any (i) are deemed consistent with the author- (viii) McClain. provision of the amended storage contract ized purposes for Sardis Lake as described in (ix) Murray. conflicts with any provision of this section, section 203 of the Flood Control Act of 1962 (x) Haskell. the amended storage contract is authorized, (Public Law 87–874; 76 Stat. 1187) and do not (xi) Hughes. ratified, and confirmed. affect the authorized purposes for which the (xii) Jefferson. (B) 1974 STORAGE CONTRACT.—To the extent project was authorized, surveyed, planned, (xiii) Johnston. the amended storage contract, as authorized, and constructed; and (xiv) Latimer. ratified, and confirmed, modifies or amends (ii) shall not constitute a reallocation of (xv) LeFlore. the 1974 storage contract, the modification storage. (xvi) Love. or amendment to the 1974 storage contract is (B) NO MAJOR OPERATIONAL CHANGE.—The (xvii) Marshall. authorized, ratified, and confirmed. amended storage contract, the approval of (xviii) McCurtain. (C) AMENDMENTS.—To the extent an the Secretary of the amended storage con- (xix) Pittsburgh. amendment is executed to make the amend- tract, and the waiver of future use storage (xx) Pontotoc. ed storage contract consistent with this sec- under paragraph (5) shall not constitute a (xxi) Pushmataha. tion, the amendment is authorized, ratified, major operational change under section (xxii) Stephens. and confirmed. 301(e) of the Water Supply Act of 1958 (43 (19) SETTLEMENT AREA WATERS.—The term (2) APPROVAL BY THE SECRETARY.—After U.S.C. 390b(e)). ‘‘settlement area waters’’ means the waters the State and the City execute the amended (7) NO FURTHER AUTHORIZATION REQUIRED.— located— storage contract, the Secretary shall ap- This section shall be considered sufficient (A) within the settlement area; and prove the amended storage contract. and complete authorization, without further (B) within a basin depicted in Exhibit 10 to (3) MODIFICATION OF SEPTEMBER 11, 2009, study or analysis, for— the Settlement Agreement, including any of ORDER IN UNITED STATES V. OKLAHOMA WATER (A) the Secretary to approve the amended the following basins as denominated in the RESOURCES BOARD, CIV 98–00521 (N.D. OK).—The storage contract; and 2012 Update of the Oklahoma Comprehensive Secretary, through counsel, shall cooperate (B) after approval under subparagraph (A), Water Plan: and work with the State to file any motion the Corps of Engineers to manage storage in (i) Beaver Creek (24, 25, and 26). and proposed order to modify or amend the Sardis Lake pursuant to and in accordance

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with the 1974 storage contract, the amended lottee shall retain the right to use water in (1) ESTABLISHMENT.—There is established a storage contract, and the Settlement Agree- accord with those subparagraphs, subject to Settlement Commission. ment. paragraphs (6)(B)(iv) and (7). (2) MEMBERS.— (e) SETTLEMENT AREA WATERS.— (ii) OPPORTUNITY TO BE HEARD.—Prior to (A) IN GENERAL.—The Settlement Commis- (1) FINDINGS.—Congress finds that— taking any action to limit the use of water sion shall be comprised of 5 members, ap- (A) pursuant to the Atoka Agreement as by an individual, the OWRB shall provide to pointed as follows: ratified by section 29 of the Act of June 28, the individual an opportunity to dem- (i) 1 by the Governor of the State. 1898 (30 Stat. 505, chapter 517) (as modified by onstrate that the individual is— (ii) 1 by the Attorney General of the State. the Act of July 1, 1902 (32 Stat. 641, chapter (I) an allottee; and (iii) 1 by the Chief of the Choctaw Nation. 1362)), the Nations issued patents to their re- (II) using water on the allotment pursuant (iv) 1 by the Governor of the Chickasaw spective tribal members and citizens and to and in accordance with the Settlement Nation. thereby conveyed to individual Choctaws and Agreement and this section. (v) 1 by agreement of the members de- Chickasaws, all right, title, and interest in (6) ALLOTTEE OPTIONS FOR ADDITIONAL scribed in clauses (i) through (iv). and to land that was possessed by the Na- WATER.— (B) JOINTLY APPOINTED MEMBER.—If the tions, other than certain mineral rights; and (A) IN GENERAL.—To use a quantity of members described in clauses (i) through (iv) (B) when title passed from the Nations to water in excess of the quantities provided of subparagraph (A) do not agree on a mem- their respective tribal members and citizens, under paragraph (5), an allottee shall— ber appointed pursuant to subparagraph the Nations did not convey and those indi- (i) file an action under subparagraph (B); (A)(v)— viduals did not receive any right of regu- or (i) the members shall submit to the Chief latory or sovereign authority, including with (ii) apply to the OWRB for a permit pursu- Judge for the United States District Court respect to water. ant to, and in accordance with, State law. for the Eastern District of Oklahoma, a list (2) PERMITTING, ALLOCATION, AND ADMINIS- (B) DETERMINATION IN FEDERAL DISTRICT of not less than 3 persons; and TRATION OF SETTLEMENT AREA WATERS PURSU - COURT.— (ii) from the list under clause (i), the Chief ANT TO THE SETTLEMENT AGREEMENT.—Begin- (i) IN GENERAL.—In lieu of applying to the Judge shall make the appointment. ning on the enforceability date, settlement OWRB for a permit to use more water than (C) INITIAL APPOINTMENTS.—The initial ap- area waters shall be permitted, allocated, is allowed under paragraph (5), an allottee pointments to the Settlement Commission and administered by the OWRB in accord- may, after written notice to the OWRB, file shall be made not later than 90 days after ance with the Settlement Agreement and an action in the United States District Court the enforceability date. this section. for the Western District of Oklahoma for de- (3) MEMBER TERMS.— (3) CHOCTAW NATION AND CHICKASAW NA- termination of the right to water of the al- (A) IN GENERAL.—Each Settlement Com- TION.—Beginning on the enforceability date, lottee. mission member shall serve at the pleasure the Nations shall have the right to use and of appointing authority. (ii) JURISDICTION.—For purposes of this to develop the right to use settlement area subsection— (B) COMPENSATION.—A member of the Set- waters only in accordance with the Settle- (I) the United States District Court for the tlement Commission shall serve without ment Agreement and this section. Western District of Oklahoma shall have ju- compensation, but an appointing authority (4) WAIVER AND DELEGATION BY NATIONS.—In may reimburse the member appointed by the risdiction; and addition to the waivers under subsection (h), entity for costs associated with service on (II) the waivers of immunity under sub- the Nations, on their own behalf, shall per- the Settlement Commission. paragraphs (A) and (B) of subsection (j)(2) manently delegate to the State any regu- (C) VACANCIES.—If a member of the Settle- shall apply. latory authority each Nation may possess ment Commission is removed or resigns, the (iii) REQUIREMENTS.—An allottee filing an over water rights on allotments, which the appointing authority shall appoint the re- action pursuant to this subparagraph shall— State shall exercise in accordance with the placement member. (I) join the OWRB as a party; and Settlement Agreement and this subsection. (D) JOINTLY APPOINTED MEMBER.—The (II) publish notice in a newspaper of gen- (5) RIGHT TO USE WATER.— member of the Settlement Commission de- eral circulation within the Settlement Area (A) IN GENERAL.—An allottee may use scribed in paragraph (2)(A)(v) may be re- water on an allotment in accordance with Hydrologic Basin for 2 consecutive weeks, moved or replaced by a majority vote of the the Settlement Agreement and this sub- with the first publication appearing not later Settlement Commission based on a failure of section. than 30 days after the date on which the ac- the member to carry out the duties of the (B) SURFACE WATER USE.— tion is filed. member. (iv) DETERMINATION FINAL.— (i) IN GENERAL.—An allottee may divert (4) DUTIES.—The duties and authority of and use, on the allotment of the allottee, 6 (I) IN GENERAL.—Subject to subclause (II), the Settlement Commission shall be set acre-feet per year of surface water per 160 if an allottee elects to have the rights of the forth in the Settlement Agreement, and the acres, to be used solely for domestic uses on allottee determined pursuant to this sub- Settlement Commission shall not possess or an allotment that constitutes riparian land paragraph, the determination shall be final exercise any duty or authority not stated in under applicable State law as of the date of as to any rights under Federal law and in the Settlement Agreement. enactment of this Act. lieu of any rights to use water on an allot- (h) WAIVERS AND RELEASES OF CLAIMS.— (ii) EFFECT OF STATE LAW.—The use of sur- ment as provided in paragraph (5). (1) CLAIMS BY THE NATIONS AND THE UNITED face water described in clause (i) shall be (II) RESERVATION OF RIGHTS.—Subclause (I) STATES AS TRUSTEE FOR THE NATIONS.—Sub- subject to all rights and protections of State shall not preclude an allottee from— ject to the retention of rights and claims law, as of the date of enactment of this Act, (aa) applying to the OWRB for water rights provided in paragraph (3) and except to the including all protections against loss for pursuant to State law; or extent that rights are recognized in the Set- nonuse. (bb) using any rights allowed by State law tlement Agreement or this section, the Na- (iii) NO PERMIT REQUIRED.—An allottee may that do not require a permit from the OWRB. tions and the United States, acting as a divert water under this subsection without a (7) OWRB ADMINISTRATION AND ENFORCE- trustee for the Nations, shall execute a waiv- permit or any other authorization from the MENT.— er and release of— OWRB. (A) IN GENERAL.—If an allottee exercises (A) all of the following claims asserted or (C) GROUNDWATER USE.— any right under paragraph (5) or has rights which could have been asserted in any pro- (i) IN GENERAL.—An allottee may drill determined under paragraph (6)(B), the ceeding filed or that could have been filed wells on the allotment of the allottee to take OWRB shall have jurisdiction to administer during the period ending on the enforce- and use for domestic uses the greater of— those rights. ability date, including Chickasaw Nation, (I) 5 acre-feet per year; or (B) CHALLENGES.—An allottee may chal- Choctaw Nation v. Fallin et al., CIV 11–927 (II) any greater quantity allowed under lenge OWRB administration of rights deter- (W.D. Ok.), OWRB v. United States, et al. State law. mined under this paragraph, in the United CIV 12–275 (W.D. Ok.), or any general stream (ii) EFFECT OF STATE LAW.—The ground- States District Court for the Western Dis- adjudication, relating to— water use described in clause (i) shall be sub- trict of Oklahoma. (i) claims to the ownership of water in the ject to all rights and protections of State (8) PRIOR EXISTING STATE LAW RIGHTS.— State; law, as of the date of enactment of this Act, Water rights held by an allottee as of the en- (ii) claims to water rights and rights to use including all protections against loss for forceability date pursuant to a permit issued water diverted or taken from a location nonuse. by the OWRB shall be governed by the terms within the State; (iii) NO PERMIT REQUIRED.—An allottee may of that permit and applicable State law (in- (iii) claims to authority over the alloca- drill wells and use water under this sub- cluding regulations). tion and management of water and adminis- section without a permit or any other au- (f) CITY PERMIT FOR APPROPRIATION OF tration of water rights, including authority thorization from the OWRB. STREAM WATER FROM THE KIAMICHI RIVER.— over third-party ownership of or rights to (D) FUTURE CHANGES IN STATE LAW.— The City permit shall be processed, evalu- use water diverted or taken from a location (i) IN GENERAL.—If State law changes to ated, issued, and administered consistent within the State and ownership or use of limit use of water to a quantity that is less with and in accordance with the Settlement water on allotments by allottees or any than the applicable quantity specified in Agreement and this section. other person using water on an allotment subparagraph (B) or (C), as applicable, an al- (g) SETTLEMENT COMMISSION.— with the permission of an allottee;

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(iv) claims that the State lacks authority (2) WAIVERS AND RELEASES OF CLAIMS BY (E) all claims that the State lacks regu- over the allocation and management of THE NATIONS AGAINST THE UNITED STATES.— latory authority over or OWRB jurisdiction water and administration of water rights, in- Subject to the retention of rights and claims relating to Permit Numbers P80–48 and 54–613 cluding authority over the ownership of or provided in paragraph (3) and except to the for water rights from the Muddy Boggy rights to use water diverted or taken from a extent that rights are recognized in the Set- River for Atoka Reservoir and P73–282D for location within the State; tlement Agreement or this section, the Na- water rights from the Muddy Boggy River, (v) any other claim relating to the owner- tions are authorized to execute a waiver and including McGee Creek, for the McGee Creek ship of water, regulation of water, or author- release of all claims against the United Reservoir; ized diversion, storage, or use of water di- States (including any agency or employee of (F) all claims to damages, losses or inju- verted or taken from a location within the the United States) relating to— ries to water rights or water, or claims of in- State, which claim is based on the status of (A) all of the following claims asserted or terference with, diversion, storage, taking, the Chickasaw Nation or the Choctaw Nation which could have been asserted in any pro- or use of water (including claims for injury as a federally recognized Indian tribe; and ceeding filed or that could have been filed by to land resulting from the damages, losses, (vi) claims or defenses asserted or which the United States as a trustee during the pe- injuries, interference with, diversion, stor- could have been asserted in Chickasaw Na- riod ending on the enforceability date, in- age, taking, or use of water) attributable to tion, Choctaw Nation v. Fallin et al., CIV 11– cluding Chickasaw Nation, Choctaw Nation the lawful exercise of Permit Numbers P80–48 927 (W.D. Ok.), OWRB v. United States, et al. v. Fallin et al., CIV 11-9272 (W.D. Ok.) or and 54–613 for water rights from the Muddy CIV 12–275 (W.D. Ok.), or any general stream OWRB v. United States, et al. CIV 12-275 Boggy River for Atoka Reservoir and P73– adjudication; 282D for water rights from the Muddy Boggy (W.D. Ok.), or any general stream adjudica- (B) all claims for damages, losses or inju- River, including McGee Creek, for the McGee tion, relating to— ries to water rights or water, or claims of in- Creek Reservoir, that accrued during the pe- (i) claims to the ownership of water in the terference with, diversion, storage, taking, riod ending on the enforceability date; State; or use of water (including claims for injury (G) all claims and objections relating to (ii) claims to water rights and rights to use to land resulting from the damages, losses, the approval by the Secretary of the assign- water diverted or taken from a location injuries, interference with, diversion, stor- ment of the 1974 storage contract pursuant within the State; age, taking, or use of water) attributable to to the amended storage contract; any action by the State, the OWRB, or any (iii) claims to authority over the alloca- (H) all claims relating to litigation water user authorized pursuant to State law tion and management of water and adminis- brought by the United States prior to the en- to take or use water in the State, including tration of water rights, including authority forceability date of the water rights of the the City, that accrued during the period end- over third-party ownership of or rights to Nations in the State; and ing on the enforceability date; use water diverted or taken from a location (I) all claims relating to the negotiation, (C) all claims and objections relating to within the State and ownership or use of execution, or adoption of the Settlement the amended permit application, and the water on allotments by allottees or any Agreement (including exhibits) or this sec- City permit, including— other person using water on an allotment tion. (i) all claims regarding regulatory control with the permission of an allottee; (3) RETENTION AND RESERVATION OF CLAIMS over or OWRB jurisdiction relating to the (iv) claims that the State lacks authority BY NATIONS AND THE UNITED STATES.— permit application and permit; and over the allocation and management of (A) IN GENERAL.—Notwithstanding the (ii) all claims for damages, losses or inju- water and administration of water rights, in- waiver and releases of claims authorized ries to water rights or rights to use water, or cluding authority over the ownership of or under paragraphs (1) and (2), the Nations and claims of interference with, diversion, stor- rights to use water diverted or taken from a the United States, acting as trustee, shall re- age, taking, or use of water (including claims location within the State; tain— for injury to land resulting from the dam- (v) any other claim relating to the owner- (i) all claims for enforcement of the Settle- ages, losses, injuries, interference with, di- ship of water, regulation of water, or author- ment Agreement and this section; version, storage, taking, or use of water) at- ized diversion, storage, or use of water di- (ii) all rights to use and protect any water tributable to the issuance and lawful exer- verted or taken from a location within the right of the Nations recognized by or estab- cise of the City permit; State, which claim is based on the status of lished pursuant to the Settlement Agree- (D) all claims to regulatory control over the Chickasaw Nation or the Choctaw Nation ment, including the right to assert claims the Permit Numbers P80–48 and 54–613 of the as a federally recognized Indian tribe; and for injuries relating to the rights and the City for water rights from the Muddy Boggy (vi) claims or defenses asserted or which right to participate in any general stream River for Atoka Reservoir and P73–282D for could have been asserted in Chickasaw Na- adjudication, including any inter se pro- water rights from the Muddy Boggy River, tion, Choctaw Nation v. Fallin et al., CIV 11- ceeding; including McGee Creek, for the McGee Creek 927 (W.D. Ok.), OWRB v. United States, et al. (iii) all claims relating to activities affect- Reservoir; CIV 12-275 (W.D. Ok.), or any general stream ing the quality of water that are not waived (E) all claims that the State lacks regu- adjudication; under paragraph (1)(A)(v) or paragraph latory authority over or OWRB jurisdiction (B) all claims for damages, losses or inju- (2)(A)(v), including any claims the Nations relating to Permit Numbers P80–48 and 54–613 ries to water rights or water, or claims of in- may have under— for water rights from the Muddy Boggy terference with, diversion, storage, taking, (I) the Comprehensive Environmental Re- River for Atoka Reservoir and P73–282D for or use of water (including claims for injury sponse, Compensation, and Liability Act of water rights from the Muddy Boggy River, to land resulting from the damages, losses, 1980 (42 U.S.C. 9601 et seq.), including for including McGee Creek, for the McGee Creek injuries, interference with, diversion, stor- damages to natural resources; Reservoir; age, taking, or use of water) attributable to (II) the Safe Drinking Water Act (42 U.S.C. (F) all claims to damages, losses or inju- any action by the State, the OWRB, or any 300f et seq.); ries to water rights or water, or claims of in- water user authorized pursuant to State law (III) the Federal Water Pollution Control terference with, diversion, storage, taking, to take or use water in the State, including Act (33 U.S.C. 1251 et seq.); and or use of water (including claims for injury the City, that accrued during the period end- (IV) any regulations implementing the to land resulting from such damages, losses, ing on the enforceability date; Acts described in items (aa) through (cc); injuries, interference with, diversion, stor- (C) all claims and objections relating to (iv) all claims relating to damage, loss, or age, taking, or use of water) attributable to the amended permit application, and the injury resulting from an unauthorized diver- the lawful exercise of Permit Numbers P80–48 City permit, including— sion, use, or storage of water, including dam- and 54–613 for water rights from the Muddy (i) all claims regarding regulatory control ages, losses, or injuries to land or nonwater Boggy River for Atoka Reservoir and P73– over or OWRB jurisdiction relating to the natural resources associated with any hunt- 282D for water rights from the Muddy Boggy permit application and permit; and ing, fishing, gathering, or cultural right; and River, including McGee Creek, for the McGee (ii) all claims for damages, losses or inju- (v) all rights, remedies, privileges, immu- Creek Reservoir, that accrued during the pe- ries to water rights or rights to use water, or nities, and powers not specifically waived riod ending on the enforceability date; claims of interference with, diversion, stor- and released pursuant to this section or the (G) all claims and objections relating to age, taking, or use of water (including claims Settlement Agreement. the approval by the Secretary of the assign- for injury to land resulting from the dam- (B) AGREEMENT.— ment of the 1974 storage contract pursuant ages, losses, injuries, interference with, di- (i) IN GENERAL.—As provided in the Settle- to the amended storage contract; and version, storage, taking, or use of water) at- ment Agreement, the Chickasaw Nation (H) all claims for damages, losses, or inju- tributable to the issuance and lawful exer- shall convey an easement to the City, which ries to water rights or water, or claims of in- cise of the City permit; easement shall be as described and depicted terference with, diversion, storage, taking, (D) all claims to regulatory control over in Exhibit 15 to the Settlement Agreement. or use of water (including claims for injury the Permit Numbers P80–48 and 54–613 for (ii) APPLICATION.—The Chickasaw Nation to land resulting from such damages, losses, water rights from the Muddy Boggy River and the City shall cooperate and coordinate injuries, interference with, diversion, stor- for Atoka Reservoir and P73–282D for water on the submission of an application for ap- age, taking, or use of water) attributable to rights from the Muddy Boggy River, includ- proval by the Secretary of the Interior of the the lawful exercise of rights pursuant to the ing McGee Creek, for the McGee Creek Res- conveyance under clause (i), in accordance amended storage contract. ervoir; with applicable Federal law.

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(iii) RECORDING.—On approval by the Sec- (D) Except with respect to this paragraph, (ii) The notice under clause (i) shall iden- retary of the Interior of the conveyance of the State, the Nations, the City, the Trust, tify the specific provision of the Settlement the easement under this clause, the City and the United States shall not be bound by Agreement or this section alleged to have shall record the easement. any obligations or benefit from any rights been violated or in dispute and shall specify (iv) CONSIDERATION.—In exchange for con- recognized under the Settlement Agreement. in detail the contention of the party assert- veyance of the easement under clause (i), the (E) If the City permit has been issued, the ing the claim and any factual basis for the City shall pay to the Chickasaw Nation the permit shall be null and void, except that the claim. value of past unauthorized use and consider- City may resubmit to the OWRB, and the (iii) Representatives of the party alleging a ation for future use of the land burdened by OWRB shall be considered to have accepted, breach or violation and the party alleged to the easement, based on an appraisal secured OWRB permit application No. 2007–017 with- be in breach or violation shall meet not later by the City and Nations and approved by the out having waived the original application than 30 days after receipt of notice under Secretary of the Interior. priority date and appropriative quantities. clause (i) in an effort to resolve the dispute. (4) EFFECTIVE DATE OF WAIVER AND RE- (F) If the amended storage contract has (iv) If the matter is not resolved to the sat- LEASES.—The waivers and releases under this been executed or approved, the contract isfaction of the party alleging breach not subsection take effect on the enforceability shall be null and void, and the 2010 agree- later than 90 days after the original notice date. ment shall be considered to be in force and under clause (i), the party may take any ap- (5) TOLLING OF CLAIMS.—Each applicable effect as between the State and the Trust. propriate enforcement action consistent period of limitation and time-based equi- (G) If the Atoka and Sardis Conservation with the Settlement Agreement and this table defense relating to a claim described in Projects Fund has been established and fund- subsection. this subsection shall be tolled during the pe- ed, the funds shall be returned to the respec- (2) LIMITED WAIVERS OF SOVEREIGN IMMU- riod beginning on the date of enactment of tive funding parties with any accrued inter- NITY.— this Act and ending on the earlier of the en- est. (A) IN GENERAL.—The United States and forceability date or the expiration date (3) NO PREJUDICE.—The occurrence of the the Nations may be joined in an action filed under subsection (i)(2). expiration date under paragraph (2) shall not in the United States District Court for the NFORCEABILITY DATE.— (i) E in any way prejudice— Western District of Oklahoma. (1) IN GENERAL.—The Settlement Agree- (A) any argument or suit that the Nations (B) UNITED STATES IMMUNITY.—Any claim ment shall take effect and be enforceable on may bring to contest— by the United States to sovereign immunity the date on which the Secretary of the Inte- (i) the pursuit by the City of OWRB permit from suit is irrevocably waived for any ac- rior publishes in the Federal Register a cer- application No. 2007–017, or a modified tion brought by the State, the Chickasaw tification that— version; or Nation, the Choctaw Nation, the City, the (A) to the extent the Settlement Agree- (ii) the 2010 agreement; Trust, or (solely for purposes of actions ment conflicts with this section, the Settle- (B) any argument, defense, or suit the brought pursuant to subsection (e)) an allot- ment Agreement has been amended to con- State may bring or assert with regard to the tee in the Western District of Oklahoma re- form with this section; claims of the Nations to water or over water lating to interpretation or enforcement of (B) the Settlement Agreement, as amend- in the settlement area; or the Settlement Agreement or this section, ed, has been executed by the Secretary of the (C) any argument, defense or suit the City including of the appellate jurisdiction of the Interior, the Nations, the Governor of the may bring or assert— United States Court of Appeals for the Tenth State, the OWRB, the City, and the Trust; (i) with regard to the claims of the Nations Circuit and the Supreme Court of the United (C) to the extent the amended storage con- to water or over water in the settlement States. tract conflicts with this section, the amend- area relating to OWRB permit application (C) CHICKASAW NATION IMMUNITY.—For the ed storage contract has been amended to No. 2007–017, or a modified version; or exclusive benefit of the State (including the conform with this section; (ii) to contest the 2010 agreement. OWRB), the City, the Trust, the Choctaw Na- (D) the amended storage contract, as (4) EXTENSION.—The expiration date under amended to conform with this section, has paragraph (2) may be extended in writing if tion, and the United States, the sovereign been— the Nations, the State, the OWRB, the immunity of the Chickasaw Nation from suit (i) executed by the State, the City, and the United States, and the City agree that an ex- is waived solely for any action brought in Trust; and tension is warranted. the Western District of Oklahoma relating to (ii) approved by the Secretary; (j) JURISDICTION, WAIVERS OF IMMUNITY FOR interpretation or enforcement of the Settle- (E) an order has been entered in United INTERPRETATION AND ENFORCEMENT.— ment Agreement or this section, if the ac- States v. Oklahoma Water Resources Board, (1) JURISDICTION.— tion is brought by the State or the OWRB, Civ. 98–C–521–E with any modifications to (A) IN GENERAL.— the City, the Trust, the Choctaw Nation, or the order dated September 11, 2009, as pro- (i) EXCLUSIVE JURISDICTION.—The United the United States, including the appellate vided in the Settlement Agreement; States District Court for the Western Dis- jurisdiction of the United States Court of (F) orders of dismissal have been entered in trict of Oklahoma shall have exclusive juris- Appeals for the Tenth Circuit and the Su- Chickasaw Nation, Choctaw Nation v. Fallin diction for all purposes and for all causes of preme Court of the United States. et al., Civ 11–297 (W.D. Ok.) and OWRB v. action relating to the interpretation and en- (D) CHOCTAW NATION IMMUNITY.—For the United States, et al. Civ 12–275 (W.D. Ok.) as forcement of the Settlement Agreement, the exclusive benefit of the State (including of provided in the Settlement Agreement; amended storage contract, or interpretation the OWRB), the City, the Trust, the Chicka- (G) the OWRB has issued the City Permit; or enforcement of this section, including all saw Nation, and the United States, the Choc- (H) the final documentation of the actions filed by an allottee pursuant to sub- taw Nation shall expressly and irrevocably Kiamichi Basin hydrologic model is on file section (e)(4)(B). consent to a suit and waive sovereign immu- at the Oklahoma City offices of the OWRB; (ii) RIGHT TO BRING ACTION.—The Choctaw nity from a suit solely for any action and Nation, the Chickasaw Nation, the State, the brought in the Western District of Oklahoma (I) the Atoka and Sardis Conservation City, the Trust, and the United States shall relating to interpretation or enforcement of Projects Fund has been funded as provided in each have the right to bring an action pursu- the Settlement Agreement or this section, if the Settlement Agreement. ant to this section. the action is brought by the State, the (2) EXPIRATION DATE.—If the Secretary of (iii) NO ACTION IN OTHER COURTS.—No ac- OWRB, the City, the Trust, the Chickasaw the Interior fails to publish a statement of tion may be brought in any other Federal, Nation, or the United States, including the findings under paragraph (1) by not later Tribal, or State court or administrative appellate jurisdiction of the United States than September 30, 2020, or such alternative forum for any purpose relating to the Settle- Court of Appeals for the Tenth Circuit and later date as is agreed to by the Secretary of ment Agreement, amended storage contract, the Supreme Court of the United States. the Interior, the Nations, the State, the or this section. (k) DISCLAIMER.— City, and the Trust under paragraph (4), the (iv) NO MONETARY JUDGMENT.—Nothing in (1) IN GENERAL.—The Settlement Agree- following shall apply: this section authorizes any money judgment ment applies only to the claims and rights of (A) This section, except for this subsection or otherwise allows the payment of funds by the Nations. and any provisions of this section that are the United States, the Nations, the State (2) NO PRECEDENT.—Nothing in this section necessary to carry out this subsection (but (including the OWRB), the City, or the or the Settlement Agreement shall be con- only for purposes of carrying out this sub- Trust. strued in any way to quantify, establish, or section) are not effective beginning on Sep- (B) NOTICE AND CONFERENCE.—An entity serve as precedent regarding the land and tember 30, 2020, or the alternative date. seeking to interpret or enforce the Settle- water rights, claims, or entitlements to (B) The waivers and release of claims, and ment Agreement shall comply with the fol- water of any American Indian Tribe other the limited waivers of sovereign immunity, lowing: than the Nations, including any other Amer- shall not become effective. (i) Any party asserting noncompliance or ican Indian Tribe in the State. (C) The Settlement Agreement shall be seeking interpretation of the Settlement null and void, except for this paragraph and Agreement or this section shall first serve SEC. 8003. LAND TRANSFER AND TRUST LAND any provisions of the Settlement Agreement written notice on the party alleged to be in FOR THE MUSCOGEE (CREEK) NA- TION. that are necessary to carry out this para- breach of the Settlement Agreement or vio- graph. lation of this section. (a) TRANSFER.—

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(1) IN GENERAL.—Subject to paragraph (2) retary may appoint an Interim Federal Co- ‘‘SEC. 9b. RECREATIONAL ACCESS. and for the consideration described in sub- chairperson, who shall have all the authority ‘‘(a) DEFINITION OF FLOATING CABIN.—In section (c), the Secretary shall transfer to of the Federal Cochairperson, to serve until this section, the term ‘floating cabin’ means the Secretary of the Interior the land de- such time as the vacancy in the position of a watercraft or other floating structure— scribed in subsection (b) to be held in trust Federal Cochairperson is filled in accordance ‘‘(1) primarily designed and used for human for the benefit of the Muscogee (Creek) Na- with subsection (b)(2)).’’; and habitation or occupation; and tion. (2) by adding at the end the following: ‘‘(2) not primarily designed or used for (2) CONDITIONS.—The land transfer under ‘‘(f) NO FEDERAL EMPLOYEE STATUS.—No navigation or transportation on water. this subsection shall be subject to the fol- member of the Commission, other than the ‘‘(b) RECREATIONAL ACCESS.—The Board lowing conditions: Federal Cochairperson, shall be considered may allow the use of a floating cabin if— (A) The transfer— to be a Federal employee for any purpose. ‘‘(1) the floating cabin is maintained by the (i) shall not interfere with the Corps of En- ‘‘(g) CONFLICTS OF INTEREST.— owner to reasonable health, safety, and envi- gineers operation of the Eufaula Lake ‘‘(1) IN GENERAL.—Except as provided in ronmental standards, as required by the Project or any other authorized civil works paragraphs (2) and (3), no member of the Board; projects; and Commission (referred to in this subsection as ‘‘(2) the Corporation has authorized the use (ii) shall be subject to such other terms a ‘member’) shall participate personally or of recreational vessels on the waters; and and conditions as the Secretary determines substantially, through decision, approval, ‘‘(3) the floating cabin was located on to be necessary and appropriate to ensure disapproval, recommendation, the rendering waters under the jurisdiction of the Corpora- the continued operation of the Eufaula Lake of advice, investigation, or otherwise, in any tion as of the date of enactment of this sec- Project or any other authorized civil works proceeding, application, request for a ruling tion. project. or other determination, contract claim, con- ‘‘(c) FEES.—The Board may assess fees on (B) The Secretary shall retain the right to troversy, or other matter in which, to the the owner of a floating cabin on waters inundate with water the land transferred to knowledge of the member, 1 or more of the under the jurisdiction of the Corporation for the Secretary of the Interior under this sub- following has a direct financial interest: the purpose of ensuring compliance with sub- section, as necessary to carry out an author- ‘‘(A) The member. section (b) if the fees are necessary and rea- ized purpose of the Eufaula Lake Project or ‘‘(B) The spouse, minor child, or partner of sonable for those purposes. ‘‘(d) CONTINUED RECREATIONAL USE.— any other civil works project. the member. ‘‘(1) IN GENERAL.—With respect to a float- (C) No gaming activities may be conducted ‘‘(C) An organization described in subpara- ing cabin located on waters under the juris- on the land transferred under this sub- graph (B), (C), (D), (E), or (F) of subsection diction of the Corporation on the date of en- section. (b)(1) for which the member is serving as of- (b) LAND DESCRIPTION.— ficer, director, trustee, partner, or employee. actment of this section, the Board— (1) IN GENERAL.—The land to be transferred ‘‘(D) Any individual, person, or organiza- ‘‘(A) may not require the removal of the pursuant to subsection (a) is the approxi- tion with which the member is negotiating floating cabin— mately 18.38 acres of land located in the or has any arrangement concerning prospec- ‘‘(i) in the case of a floating cabin that was Northwest Quarter (NW 1/4) of sec. 3, T. 10 N., tive employment. granted a permit by the Corporation before the date of enactment of this section, for a R. 16 E., McIntosh County, Oklahoma, gen- ‘‘(2) DISCLOSURE.—Paragraph (1) shall not erally depicted as ‘‘USACE’’ on the map enti- apply if the member— period of 15 years beginning on that date of tled ‘‘Muscogee (Creek) Nation Proposed ‘‘(A) immediately advises the designated enactment; and Land Acquisition’’ and dated October 16, agency ethics official for the Commission of ‘‘(ii) in the case of a floating cabin not 2014. the nature and circumstances of the matter granted a permit by the Corporation before the date of enactment of this section, for a (2) SURVEY.—The exact acreage and legal presenting a potential conflict of interest; period of 5 years beginning on that date of description of the land to be transferred ‘‘(B) makes full disclosure of the financial enactment; and under subsection (a) shall be determined by a interest; and ‘‘(B) shall approve and allow the use of the survey satisfactory to the Secretary and the ‘‘(C) before the proceeding concerning the floating cabin on waters under the jurisdic- Secretary of the Interior. matter presenting the conflict of interest, tion of the Corporation at such time and for (c) CONSIDERATION.—The Muscogee (Creek) receives a written determination by the des- such duration as— Nation shall pay— ignated agency ethics official for the Com- ‘‘(i) the floating cabin meets the require- (1) to the Secretary an amount that is mission that the interest is not so substan- ments of subsection (b); and equal to the fair market value of the land tial as to be likely to affect the integrity of ‘‘(ii) the owner of the floating cabin has transferred under subsection (a), as deter- the services that the Commission may ex- paid any fee assessed pursuant to subsection mined by the Secretary, which funds may be pect from the member. (c). accepted and expended by the Secretary; and ‘‘(3) ANNUAL DISCLOSURES.—Once per cal- ‘‘(2) SAVINGS PROVISIONS.— (2) all costs and administrative expenses endar year, each member shall make full dis- ‘‘(A) Nothing in this subsection restricts associated with the transfer of land under closure of financial interests, in a manner to the ability of the Corporation to enforce subsection (a), including the costs of — be determined by the designated agency eth- health, safety, or environmental standards. (A) the survey under subsection (b)(2); ics official for the Commission. ‘‘(B) This section applies only to floating (B) compliance with the National Environ- ‘‘(4) TRAINING.—Once per calendar year, cabins located on waters under the jurisdic- mental Policy Act of 1969 (42 U.S.C. 4321 et each member shall undergo disclosure of fi- tion of the Corporation. seq.); and nancial interests training, as prescribed by ‘‘(e) NEW CONSTRUCTION.—The Corporation (C) any coordination necessary with re- the designated agency ethics official for the may establish regulations to prevent the spect to requirements related to endangered Commission. construction of new floating cabins.’’. species, cultural resources, clean water, and ‘‘(5) VIOLATION.—Any person that violates SEC. 8006. REGULATION OF ABOVEGROUND clean air. this subsection shall be fined not more than STORAGE AT FARMS. SEC. 8004. REAUTHORIZATION OF DENALI COM- $10,000, imprisoned for not more than 2 years, Section 1049(c) of the Water Resources Re- MISSION. or both.’’. form and Development Act of 2014 (33 U.S.C. (a) ADMINISTRATION.—Section 303 of the (b) AUTHORIZATION OF APPROPRIATIONS.— 1361 note; Public Law 113–121) is amended— Denali Commission Act of 1998 (42 U.S.C. 3121 (1) IN GENERAL.—Section 310 of the Denali (1) by redesignating paragraphs (1) and (2) note; Public Law 105–277) is amended— Commission Act of 1998 (42 U.S.C. 3121 note; as subparagraphs (A) and (B), respectively, (1) in subsection (c)— Public Law 105–277) (as redesignated by sec- and indenting appropriately; (A) in the first sentence, by striking ‘‘The tion 1960(1) of SAFETEA–LU (Public Law (2) by striking the subsection designation Federal Cochairperson’’ and inserting the 109–59; 119 Stat. 1516)) is amended, in sub- and heading and all that follows through following: section (a), by striking ‘‘under section 4 ‘‘subsection (b),’’ and inserting the following: ‘‘(1) TERM OF FEDERAL COCHAIRPERSON.— under this Act’’ and all that follows through ‘‘(c) REGULATION OF ABOVEGROUND STORAGE The Federal Cochairperson’’; ‘‘2008’’ and inserting ‘‘under section 304, AT FARMS.— (B) in the second sentence, by striking ‘‘All $20,000,000 for fiscal year 2017, and such sums ‘‘(1) CALCULATION OF AGGREGATE ABOVE- other members’’ and inserting the following: as are necessary for each of fiscal years 2018 GROUND STORAGE CAPACITY.—For purposes of ‘‘(3) TERM OF ALL OTHER MEMBERS.—All through 2021.’’. subsection (b),’’; and other members’’; (2) CLERICAL AMENDMENT.—Section 310 of (3) by adding at the end the following: (C) in the third sentence, by striking ‘‘Any the Denali Commission Act of 1998 (42 U.S.C. ‘‘(2) CERTAIN FARM CONTAINERS.—Part 112 of vacancy’’ and inserting the following: 3121 note; Public Law 105–277) (as redesig- title 40, Code of Federal Regulations (or suc- ‘‘(4) VACANCIES.—Except as provided in nated by section 1960(1) of SAFETEA–LU cessor regulations), shall not apply to the paragraph (2), any vacancy’’; and (Public Law 109–59; 119 Stat. 1516)) is redesig- following containers located at a farm: (D) by inserting before paragraph (3) (as nated as section 312. ‘‘(A) Containers on a separate parcel that designated by subparagraph (B)) the fol- SEC. 8005. RECREATIONAL ACCESS OF FLOATING have— lowing: CABINS. ‘‘(i) an individual capacity of not greater ‘‘(2) INTERIM FEDERAL COCHAIRPERSON.—In The Tennessee Valley Authority Act of than 1,000 gallons; and the event of a vacancy for any reason in the 1933 is amended by inserting after section 9a ‘‘(ii) an aggregate capacity of not greater position of Federal Cochairperson, the Sec- (16 U.S.C. 831h–1) the following: than 2,000 gallons.

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‘‘(B) A container holding animal feed in- Boundary and Water Commission shall reim- (9) ESAA CAPACITY AGREEMENT.—The term gredients approved for use in livestock feed burse the City for, and shall not charge the ‘‘ESAA Capacity Agreement’’ means the by the Commissioner of Food and Drugs.’’. City after the date of enactment of this Act ‘‘Agreement to Provide Capacity for Deliv- SEC. 8007. SALT CEDAR REMOVAL PERMIT RE- for, operations and maintenance costs in ex- ery of ESAA Water’’, among the Band, VIEWS. cess of an equitable proportion of the costs, RCWD and the United States. (a) IN GENERAL.—In the case of an applica- as described in subsection (a). (10) ESAA WATER.—The term ‘‘ESAA tion for a permit for the mechanized removal (d) LIMITATION.—Costs reimbursed or a re- Water’’ means imported potable water that duction in costs charged under subsection (c) of salt cedar from an area that consists of the Band receives from EMWD and MWD not more than 500 acres— shall not exceed $4,000,000. ˜ pursuant to the Extension of Service Area (1) any review by the Secretary under sec- SEC. 8009. PECHANGA BAND OF LUISENO MIS- Agreement and delivered by RCWD pursuant SION INDIANS WATER RIGHTS SET- tion 404 of the Federal Water Pollution Con- to the ESAA Water Delivery Agreement. trol Act (33 U.S.C. 1344) or section 10 of the TLEMENT. (a) PURPOSES.—The purposes of this section (11) ESAA WATER DELIVERY AGREEMENT.— Act of March 3, 1899 (commonly known as The term ‘‘ESAA Water Delivery Agree- the ‘‘Rivers and Harbors Appropriation Act are— ment’’ means the agreement among EMWD, of 1899’’) (33 U.S.C. 403), and any review by (1) to achieve a fair, equitable, and final settlement of claims to water rights and cer- RCWD, and the Band, establishing the terms the Director of the United States Fish and tain claims for injuries to water rights in the and conditions of water service to the Band. Wildlife Service (referred to in this section Santa Margarita River Watershed for— (12) EXTENSION OF SERVICE AREA AGREE- as the ‘‘Director’’) under section 7 of the En- (A) the Band; and MENT.—The term ‘‘Extension of Service Area dangered Species Act of 1973 (16 U.S.C. 1536), (B) the United States, acting in its capac- Agreement’’ means the ‘‘Agreement for Ex- shall, to the maximum extent practicable, ity as trustee for the Band and Allottees; tension of Existing Service Area’’, among occur concurrently; (2) to achieve a fair, equitable, and final (2) all participating and cooperating agen- the Band, EMWD, and MWD, for the provi- settlement of certain claims by the Band and cies shall, to the maximum extent prac- sion of water service by EMWD to a des- Allottees against the United States; ticable, adopt and use any environmental ignated portion of the Reservation using (3) to authorize, ratify, and confirm the document prepared by the lead agency under water supplied by MWD. Pechanga Settlement Agreement to be en- the National Environmental Policy Act of (13) FALLBROOK DECREE.— tered into by the Band, RCWD, and the 1969 (42 U.S.C. 4321 et seq.) to the same ex- (A) IN GENERAL.—The term ‘‘Fallbrook De- United States; tent that a Federal agency could adopt or cree’’ means the ‘‘Modified Final Judgment (4) to authorize and direct the Secretary— use a document prepared by another Federal And Decree’’, entered in the Adjudication (A) to execute the Pechanga Settlement agency under— Proceeding on April 6, 1966. Agreement; and (A) that Act; and (B) INCLUSIONS.—The term ‘‘Fallbrook De- (B) to take any other action necessary to (B) parts 1500 through 1508 of title 40, Code cree’’ includes all court orders, interlocutory carry out the Pechanga Settlement Agree- of Federal Regulations (or successor regula- judgments, and decisions supplemental to ment in accordance with this section; and tions); and the ‘‘Modified Final Judgment And Decree’’, (5) to authorize the appropriation of (3) the review of the application shall, to including Interlocutory Judgment No. 30, In- amounts necessary for the implementation the maximum extent practicable, be com- terlocutory Judgment No. 35, and Interlocu- of the Pechanga Settlement Agreement and pleted not later than the date on which the tory Judgment No. 41. this section. Secretary, in consultation with, and with (14) FUND.—The term ‘‘Fund’’ means the (b) DEFINITIONS.—In this section: Pechanga Settlement Fund established by the concurrence of, the Director, establishes. (1) ADJUDICATION COURT.—The term ‘‘Adju- (b) CONTRIBUTED FUNDS.—The Secretary subsection (h). dication Court’’ means the United States may accept and expend funds received from (15) INDIAN TRIBE.—The term ‘‘Indian District Court for the Southern District of non-Federal public or private entities to con- tribe’’ has the meaning given the term in California, which exercises continuing juris- duct a review referred to in subsection (a). section 4 of the Indian Self-Determination diction over the Adjudication Proceeding. (c) LIMITATIONS.—Nothing in this section and Education Assistance Act (25 U.S.C. (2) ADJUDICATION PROCEEDING.—The term preempts or interferes with— 5304). ‘‘Adjudication Proceeding’’ means litigation (1) any obligation to comply with the pro- (16) INJURY TO WATER RIGHTS.—The term initiated by the United States regarding rel- visions of any Federal law, including— ‘‘injury to water rights’’ means an inter- ative water rights in the Santa Margarita (A) the National Environmental Policy Act ference with, diminution of, or deprivation River Watershed in United States v. of 1969 (42 U.S.C. 4321 et seq.); and of water rights under Federal or State law. Fallbrook Public Utility District et al., Civ. (B) any other Federal environmental law; (17) INTERIM CAPACITY.—The term ‘‘Interim (2) the reviewability of any final Federal No. 3:51–cv–01247 (S.D.C.A.), including any litigation initiated to interpret or enforce Capacity’’ has the meaning set forth in the agency action in a court of the United States ESAA Capacity Agreement. or in the court of any State; the relative water rights in the Santa Mar- garita River Watershed pursuant to the con- (18) INTERIM CAPACITY NOTICE.—The term (3) any requirement for seeking, consid- ‘‘Interim Capacity Notice’’ has the meaning ering, or responding to public comment; or tinuing jurisdiction of the Adjudication Court over the Fallbrook Decree. set forth in the ESAA Capacity Agreement. (4) any power, jurisdiction, responsibility, (19) INTERLOCUTORY JUDGMENT NO. 41.—The duty, or authority that a Federal, State, or (3) ALLOTTEE.—The term ‘‘Allottee’’ means an individual who holds a beneficial real term ‘‘Interlocutory Judgment No. 41’’ local governmental agency, Indian tribe, or means Interlocutory Judgment No. 41 issued project sponsor has with respect to carrying property interest in an Indian allotment that is— in the Adjudication Proceeding on November out a project or any other provision of law 8, 1962, including all court orders, judgments applicable to projects. (A) located within the Reservation; and (B) held in trust by the United States. and decisions supplemental to that inter- SEC. 8008. INTERNATIONAL OUTFALL INTER- (4) BAND.—The term ‘‘Band’’ means locutory judgment. CEPTOR REPAIR, OPERATIONS, AND (20) MWD.—The term ‘‘MWD’’ means the MAINTENANCE. Pechanga Band of Luisen˜ o Mission Indians, a Metropolitan Water District of Southern (a) SENSE OF CONGRESS.—It is the sense of federally recognized sovereign Indian tribe Congress that, pursuant to the Act of July that functions as a custom and tradition In- California, a metropolitan water district or- 27, 1953 (22 U.S.C. 277d–10 et seq.), and not- dian tribe, acting on behalf of itself and its ganized and incorporated under the Metro- withstanding the memorandum of agreement members, but not acting on behalf of mem- politan Water District Act of the State of between the United States Section of the bers in their capacities as Allottees. California (Stats. 1969, Chapter 209, as International Boundary and Water Commis- (5) CLAIMS.—The term ‘‘claims’’ means amended). sion and the City of Nogales, Arizona, dated rights, claims, demands, actions, compensa- (21) MWD CONNECTION FEE.—The term January 20, 2006 (referred to in this section tion, or causes of action, whether known or ‘‘MWD Connection Fee’’ has the meaning set as the ‘‘Agreement’’), an equitable propor- unknown. forth in the Extension of Service Area Agree- tion of the costs of operation and mainte- (6) EMWD.—The term ‘‘EMWD’’ means ment. nance of the Nogales sanitation project to be Eastern Municipal Water District, a munic- (22) PECHANGA ESAA DELIVERY CAPACITY AC- contributed by the City of Nogales, Arizona ipal water district organized and existing in COUNT.—The term ‘‘Pechanga ESAA Delivery (referred to in this section as the ‘‘City’’), accordance with the Municipal Water Dis- Capacity account’’ means the account estab- should be based on the average daily volume trict Law of 1911, Division 20 of the Water lished by subsection (h)(3)(B). of wastewater originating from the City. Code of the State of California, as amended. (23) PECHANGA RECYCLED WATER INFRA- (b) CAPITAL COSTS EXCLUDED.—Pursuant to (7) EMWD CONNECTION FEE.—The term STRUCTURE ACCOUNT.—The term ‘‘Pechanga the Agreement and the Act of July 27, 1953 ‘‘EMWD Connection Fee’’ has the meaning Recycled Water Infrastructure account’’ (22 U.S.C. 277d–10 et seq.), the City shall have set forth in the Extension of Service Area means the account established by subsection no obligation to contribute to any capital Agreement. (h)(3)(A). costs of repairing or upgrading the Nogales (8) ENFORCEABILITY DATE.—The term ‘‘en- (24) PECHANGA SETTLEMENT AGREEMENT.— sanitation project. forceability date’’ means the date on which The term ‘‘Pechanga Settlement Agree- (c) OVERCHARGES.—Notwithstanding the the Secretary publishes in the Federal Reg- ment’’ means the Pechanga Settlement Agreement and subject to subsection (d), the ister the statement of findings described in Agreement, dated June 17, 2014, together United States Section of the International subsection (f)(5). with the exhibits to that agreement, entered

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into by the Band, the United States on be- that the amendment is executed to make the (3) HOLDING IN TRUST.—The Tribal Water half of the Band, its members and Allottees, Pechanga Settlement Agreement consistent Right, as set forth in paragraph (2), shall— MWD, EMWD, and RCWD, including— with this section. (A) be held in trust by the United States on (A) the Extension of Service Area Agree- (2) EXECUTION OF PECHANGA SETTLEMENT behalf of the Band and the Allottees in ac- ment; AGREEMENT.— cordance with this subsection; (B) the ESAA Capacity Agreement; and (A) IN GENERAL.—To the extent that the (B) include the priority dates described in (C) the ESAA Water Delivery Agreement. Pechanga Settlement Agreement does not Interlocutory Judgment No. 41, as affirmed ECHANGA WATER CODE.—The term (25) P conflict with this section, the Secretary is by the Fallbrook Decree; and ‘‘Pechanga Water Code’’ means a water code directed to and promptly shall execute— (C) not be subject to forfeiture or abandon- to be adopted by the Band in accordance (i) the Pechanga Settlement Agreement with subsection (d)(6). (including any exhibit to the Pechanga Set- ment. LLOTTEES (26) PECHANGA WATER FUND ACCOUNT.—The tlement Agreement requiring the signature (4) A .— term ‘‘Pechanga Water Fund account’’ of the Secretary); and (A) APPLICABILITY OF ACT OF FEBRUARY 8, means the account established by subsection (ii) any amendment to the Pechanga Set- 1887.—The provisions of section 7 of the Act of (h)(3)(C). tlement Agreement necessary to make the February 8, 1887 (25 U.S.C. 381), relating to (27) PECHANGA WATER QUALITY ACCOUNT.— Pechanga Settlement Agreement consistent the use of water for irrigation purposes shall The term ‘‘Pechanga Water Quality ac- with this section. apply to the Tribal Water Right. count’’ means the account established by (B) MODIFICATIONS.—Nothing in this sec- (B) ENTITLEMENT TO WATER.—Any entitle- subsection (h)(3)(D). tion precludes the Secretary from approving ment to water of allotted land located within (28) PERMANENT CAPACITY.—The term ‘‘Per- modifications to exhibits to the Pechanga the exterior boundaries of the Reservation manent Capacity’’ has the meaning set forth Settlement Agreement not inconsistent with under Federal law shall be satisfied from the in the ESAA Capacity Agreement. this section, to the extent those modifica- Tribal Water Right. (29) PERMANENT CAPACITY NOTICE.—The tions do not otherwise require congressional (C) ALLOCATIONS.—Allotted land located term ‘‘Permanent Capacity Notice’’ has the approval pursuant to section 2116 of the Re- within the exterior boundaries of the Res- meaning set forth in the ESAA Capacity vised Statutes (25 U.S.C. 177) or other appli- ervation shall be entitled to a just and equi- Agreement. cable Federal law. table allocation of water for irrigation and (30) RCWD.— (3) ENVIRONMENTAL COMPLIANCE.— domestic purposes from the Tribal Water (A) IN GENERAL.—The term ‘‘RCWD’’ means (A) IN GENERAL.—In implementing the Right. the Rancho California Water District orga- Pechanga Settlement Agreement, the Sec- (D) EXHAUSTION OF REMEDIES.—Before as- nized pursuant to section 34000 et seq. of the retary shall promptly comply with all appli- serting any claim against the United States California Water Code. cable requirements of— under section 7 of the Act of February 8, 1887 (B) INCLUSIONS.—The term ‘‘RCWD’’ in- (i) the National Environmental Policy Act cludes all real property owners for whom of 1969 (42 U.S.C. 4321 et seq.); (25 U.S.C. 381), or any other applicable law, RCWD acts as an agent pursuant to an agen- (ii) the Endangered Species Act of 1973 (16 an Allottee shall exhaust remedies available cy agreement. U.S.C. 1531 et seq.); under the Pechanga Water Code or other ap- (31) RECYCLED WATER INFRASTRUCTURE (iii) all other applicable Federal environ- plicable tribal law. AGREEMENT.—The term ‘‘Recycled Water In- mental laws; and (E) CLAIMS.—Following exhaustion of rem- frastructure Agreement’’ means the ‘‘Agree- (iv) all regulations promulgated under the edies available under the Pechanga Water ment for Recycled Water Infrastructure’’ laws described in clauses (i) through (iii). Code or other applicable tribal law, an Allot- among the Band, RCWD, and the United (B) EXECUTION OF THE PECHANGA SETTLE- tee may seek relief under section 7 of the Act States. MENT AGREEMENT.— of February 8, 1887 (25 U.S.C. 381), or other (32) RECYCLED WATER TRANSFER AGREE- (i) IN GENERAL.—Execution of the Pechanga applicable law. MENT.—The term ‘‘Recycled Water Transfer Settlement Agreement by the Secretary (F) AUTHORITY.—The Secretary shall have Agreement’’ means the ‘‘Recycled Water under this subsection shall not constitute a the authority to protect the rights of Transfer Agreement’’ between the Band and major Federal action under the National En- Allottees as specified in this subsection. RCWD. vironmental Policy Act of 1969 (42 U.S.C. 4321 (5) AUTHORITY OF BAND.— ESERVATION (33) R .— et seq.). (A) IN GENERAL.—Except as provided in (A) IN GENERAL.—The term ‘‘Reservation’’ (ii) COMPLIANCE.—The Secretary is directed subparagraph (B), the Band shall have au- means the land depicted on the map attached to carry out all Federal compliance nec- thority to use, allocate, distribute, and lease to the Pechanga Settlement Agreement as essary to implement the Pechanga Settle- the Tribal Water Right on the Reservation in Exhibit I. ment Agreement. accordance with— (B) APPLICABILITY OF TERM.—The term (C) LEAD AGENCY.—The Bureau of Reclama- ‘‘Reservation’’ shall be used solely for the tion shall be designated as the lead agency (i) the Pechanga Settlement Agreement; purposes of the Pechanga Settlement Agree- with respect to environmental compliance. and ment, this section, and any judgment or de- (d) TRIBAL WATER RIGHT.— (ii) applicable Federal law. cree issued by the Adjudication Court ap- (1) INTENT OF CONGRESS.—It is the intent of (B) LEASES BY ALLOTTEES.— proving the Pechanga Settlement Agree- Congress to provide to each Allottee benefits (i) IN GENERAL.—An Allottee may lease any ment. that are equal to or exceed the benefits interest in land held by the Allottee, to- (34) SANTA MARGARITA RIVER WATERSHED.— Allottees possess as of the date of enactment gether with any water right determined to The term ‘‘Santa Margarita River Water- of this section, taking into consideration— be appurtenant to that interest in land. shed’’ means the watershed that is the sub- (A) the potential risks, cost, and time (ii) WATER RIGHT APPURTENANT.—Any ject of the Adjudication Proceeding and the delay associated with litigation that would water right determined to be appurtenant to Fallbrook Decree. be resolved by the Pechanga Settlement an interest in land leased by an Allottee (35) SECRETARY.—The term ‘‘Secretary’’ Agreement and this section; shall be used on the Reservation. means the Secretary of the Interior. (B) the availability of funding under this (6) PECHANGA WATER CODE.— (36) STATE.—The term ‘‘State’’ means the section; (A) IN GENERAL.—Not later than 18 months State of California. (C) the availability of water from the Trib- after the enforceability date, the Band shall (37) STORAGE POND.—The term ‘‘Storage al Water Right and other water sources as enact a Pechanga Water Code, that provides Pond’’ has the meaning set forth in the Re- set forth in the Pechanga Settlement Agree- for— cycled Water Infrastructure Agreement. ment; and (i) the management, regulation, and gov- (38) TRIBAL WATER RIGHT.—The term ‘‘Trib- (D) the applicability of section 7 of the Act ernance of all uses of the Tribal Water Right al Water Right’’ means the water rights rati- of February 8, 1887 (25 U.S.C. 381), and this in accordance with the Pechanga Settlement section to protect the interests of Allottees. fied, confirmed, and declared to be valid for Agreement; and (2) CONFIRMATION OF TRIBAL WATER RIGHT.— the benefit of the Band and Allottees, as set (ii) establishment by the Band of condi- (A) IN GENERAL.—A Tribal Water Right of forth and described in subsection (d). tions, permit requirements, and other limi- (c) APPROVAL OF THE PECHANGA SETTLE- up to 4,994 acre-feet of water per year that, tations relating to the storage, recovery, and MENT AGREEMENT.— under natural conditions, is physically avail- use of the Tribal Water Right in accordance (1) RATIFICATION OF PECHANGA SETTLEMENT able on the Reservation is confirmed in ac- AGREEMENT.— cordance with the Findings of Fact and Con- with the Pechanga Settlement Agreement. (A) IN GENERAL.—Except as modified by clusions of Law set forth in Interlocutory (B) INCLUSIONS.—The Pechanga Water Code this section, and to the extent that the Judgment No. 41, as affirmed by the shall provide— Pechanga Settlement Agreement does not Fallbrook Decree. (i) that allocations of water to Allottees conflict with this section, the Pechanga Set- (B) USE.—Subject to the terms of the shall be satisfied with water from the Tribal tlement Agreement is authorized, ratified, Pechanga Settlement Agreement, this sec- Water Right; and confirmed. tion, the Fallbrook Decree and applicable (ii) that charges for delivery of water for (B) AMENDMENTS.—Any amendment to the Federal law, the Band may use the Tribal irrigation purposes for Allottees shall be as- Pechanga Settlement Agreement is author- Water Right for any purpose on the Reserva- sessed in accordance with section 7 of the ized, ratified, and confirmed, to the extent tion. Act of February 8, 1887 (25 U.S.C. 381);

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.027 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5575 (iii) a process by which an Allottee (or any spect to the development or protection of (i) all claims against the United States (in- successor in interest to an Allottee) may re- water resources for the Reservation. cluding the agencies and employees of the quest that the Band provide water for irriga- (B) SATISFACTION OF CLAIMS.—Upon the United States) relating to claims for water tion or domestic purposes in accordance with complete appropriation of amounts author- rights in, or water of, the Santa Margarita this section; ized pursuant to subsection (j), any claim of River Watershed that the United States, act- (iv) a due process system for the consider- the Allottees against the United States with ing in its capacity as trustee for the Band, ation and determination by the Band of any respect to the development or protection of asserted, or could have asserted, in any pro- request by an Allottee (or any successor in water resources for the Reservation shall be ceeding, including the Adjudication Pro- interest to an Allottee) for an allocation of deemed to have been satisfied. ceeding, except to the extent that those such water for irrigation or domestic pur- (f) WAIVER OF CLAIMS.— rights are recognized in the Pechanga Settle- poses on allotted land, including a process (1) IN GENERAL.— ment Agreement and this section; for— (A) WAIVER OF CLAIMS BY THE BAND AND THE (ii) all claims against the United States (I) appeal and adjudication of any denied or UNITED STATES ACTING IN ITS CAPACITY AS (including the agencies and employees of the disputed distribution of water; and TRUSTEE FOR THE BAND.— United States) relating to damages, losses, (II) resolution of any contested administra- (i) IN GENERAL.—Subject to the retention of or injuries to water, water rights, land, or tive decision; and rights set forth in paragraph (3), in return natural resources due to loss of water or (v) a requirement that any Allottee (or any for recognition of the Tribal Water Right water rights (including damages, losses or successor in interest to an Allottee) with a and other benefits as set forth in the injuries to hunting, fishing, gathering, or claim relating to the enforcement of rights Pechanga Settlement Agreement and this cultural rights due to loss of water or water of the Allottee (or any successor in interest section, the Band, on behalf of itself and the rights, claims relating to interference with, to an Allottee) under the Pechanga Water members of the Band (but not on behalf of a diversion, or taking of water or water rights, Code or relating to the amount of water allo- tribal member in the capacity of Allottee), or claims relating to failure to protect, ac- cated to land of the Allottee must first ex- and the United States, acting as trustee for quire, replace, or develop water, water haust remedies available to the Allottee the Band, are authorized and directed to exe- rights, or water infrastructure) in the Santa under tribal law and the Pechanga Water cute a waiver and release of all claims for Margarita River Watershed that first ac- Code before initiating an action against the water rights within the Santa Margarita crued at any time up to and including the United States or petitioning the Secretary River Watershed that the Band, or the enforceability date; pursuant to paragraph (4)(D). United States acting as trustee for the Band, (iii) all claims against the United States asserted or could have asserted in any pro- (C) ACTION BY SECRETARY.— (including the agencies and employees of the ceeding, including the Adjudication Pro- (i) IN GENERAL.—The Secretary shall ad- United States) relating to the pending litiga- ceeding, except to the extent that such minister the Tribal Water Right until the tion of claims relating to the water rights of rights are recognized in the Pechanga Settle- Pechanga Water Code is enacted and ap- the Band in the Adjudication Proceeding; ment Agreement and this section. proved under this subsection. and (ii) CLAIMS AGAINST RCWD.—Subject to the (iv) all claims against the United States (ii) APPROVAL.—Any provision of the retention of rights set forth in paragraph (3) Pechanga Water Code and any amendment to (including the agencies and employees of the and notwithstanding any provisions to the the Pechanga Water Code that affects the United States) relating to the negotiation or contrary in the Pechanga Settlement Agree- execution of the Pechanga Settlement rights of Allottees— ment, the Band and the United States, on be- Agreement or the negotiation or execution (I) shall be subject to the approval of the half of the Band and Allottees, fully release, of this section. Secretary; and acquit, and discharge RCWD from— (2) EFFECTIVENESS OF WAIVERS AND RE- (II) shall not be valid until approved by the (I) claims for injuries to water rights in LEASES.—The waivers under paragraph (1) Secretary. the Santa Margarita River Watershed for shall take effect on the enforceability date. (iii) APPROVAL PERIOD.—The Secretary land located within the Reservation arising (3) RESERVATION OF RIGHTS AND RETENTION shall approve or disapprove the Pechanga or occurring at any time up to and including OF CLAIMS.—Notwithstanding the waivers Water Code within a reasonable period of June 30, 2009; and releases authorized in this section, the time after the date on which the Band sub- (II) claims for injuries to water rights in Band, on behalf of itself and the members of mits the Pechanga Water Code to the Sec- the Santa Margarita River Watershed for the Band, and the United States, acting in retary for approval. land located within the Reservation arising its capacity as trustee for the Band and (7) EFFECT.—Except as otherwise specifi- or occurring at any time after June 30, 2009, Allottees, retain— cally provided in this section, nothing in this resulting from the diversion or use of water (A) all claims for enforcement of the section— in a manner not in violation of the Pechanga Pechanga Settlement Agreement and this (A) authorizes any action by an Allottee Settlement Agreement or this section; section; (or any successor in interest to an Allottee) (III) claims for subsidence damage to land (B) all claims against any person or entity against any individual or entity, or against located within the Reservation arising or oc- other than the United States and RCWD, in- the Band, under Federal, State, tribal, or curring at any time up to and including June cluding claims for monetary damages; local law; or 30, 2009; (C) all claims for water rights that are out- (B) alters or affects the status of any ac- (IV) claims for subsidence damage arising side the jurisdiction of the Adjudication tion pursuant to section 1491(a) of title 28, or occurring after June 30, 2009, to land lo- Court; United States Code. cated within the Reservation resulting from (D) all rights to use and protect water (e) SATISFACTION OF CLAIMS.— the diversion of underground water in a man- rights acquired on or after the enforceability (1) IN GENERAL.—The benefits provided to ner consistent with the Pechanga Settle- date; and the Band under the Pechanga Settlement ment Agreement or this section; and (E) all remedies, privileges, immunities, Agreement and this Act shall be in complete (V) claims arising out of, or relating in any powers, and claims, including claims for replacement of, complete substitution for, manner to, the negotiation or execution of water rights, not specifically waived and re- and full satisfaction of all claims of the Band the Pechanga Settlement Agreement or the leased pursuant to this section and the against the United States that are waived negotiation or execution of this section. Pechanga Settlement Agreement. and released pursuant to subsection (f). (B) CLAIMS BY THE UNITED STATES ACTING IN (4) EFFECT OF PECHANGA SETTLEMENT (2) ALLOTTEE CLAIMS.—The benefits real- ITS CAPACITY AS TRUSTEE FOR ALLOTTEES.— AGREEMENT AND ACT.—Nothing in the ized by the Allottees under this section shall Subject to the retention of claims set forth Pechanga Settlement Agreement or this sec- be in complete replacement of, complete sub- in paragraph (3), in return for recognition of tion— stitution for, and full satisfaction of— the water rights of the Band and other bene- (A) affects the ability of the United States, (A) all claims that are waived and released fits as set forth in the Pechanga Settlement acting as sovereign, to take actions author- pursuant to subsection (f); and Agreement and this section, the United ized by law, including any laws relating to (B) any claims of the Allottees against the States, acting as trustee for Allottees, is au- health, safety, or the environment, includ- United States that the Allottees have or thorized and directed to execute a waiver ing— could have asserted that are similar in na- and release of all claims for water rights (i) the Comprehensive Environmental Re- ture to any claim described in subsection (f). within the Santa Margarita River Watershed sponse, Compensation, and Liability Act of (3) NO RECOGNITION OF WATER RIGHTS.—Ex- that the United States, acting as trustee for 1980 (42 U.S.C. 9601 et seq.); cept as provided in subsection (d)(4), nothing the Allottees, asserted or could have as- (ii) the Safe Drinking Water Act (42 U.S.C. in this section recognizes or establishes any serted in any proceeding, including the Adju- 300f et seq.); right of a member of the Band or an Allottee dication Proceeding. (iii) the Federal Water Pollution Control to water within the Reservation. (C) CLAIMS BY THE BAND AGAINST THE Act (33 U.S.C. 1251 et seq.); and (4) CLAIMS RELATING TO DEVELOPMENT OF UNITED STATES.—Subject to the retention of (iv) any regulations implementing the Acts WATER FOR RESERVATION.— rights set forth in paragraph (3), the Band, described in clauses (i) through (iii); (A) IN GENERAL.—The amounts authorized on behalf of itself and the members of the (B) affects the ability of the United States to be appropriated pursuant to subsection (j) Band (but not on behalf of a tribal member to take actions acting as trustee for any shall be used to satisfy any claim of the in the capacity of Allottee), is authorized to other Indian tribe or an Allottee of any Allottees against the United States with re- execute a waiver and release of— other Indian tribe;

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(C) confers jurisdiction on any State limitations or any time-based equitable de- (4) ESAA DELIVERY CAPACITY.— court— fense under any other applicable law. (A) IN GENERAL.—The Secretary shall, (i) to interpret Federal law regarding (7) TERMINATION.— using amounts from the Pechanga ESAA De- health, safety, or the environment; (A) IN GENERAL.—If all of the amounts au- livery Capacity account, provide amounts for (ii) to determine the duties of the United thorized to be appropriated to the Secretary Interim Capacity and Permanent Capacity in States or other parties pursuant to Federal pursuant to this section have not been made accordance with this paragraph. law regarding health, safety, or the environ- available to the Secretary by April 30, 2030— (B) INTERIM CAPACITY.— ment; or (i) the waivers authorized by this sub- (i) IN GENERAL.—The Secretary shall, sub- (iii) to conduct judicial review of Federal section shall expire and have no force or ef- ject to the availability of appropriations, agency action; fect; and using amounts from the ESAA Delivery Ca- (D) waives any claim of a member of the (ii) all statutes of limitations applicable to pacity account, provide amounts necessary Band in an individual capacity that does not any claim otherwise waived under this sub- to fulfill the obligations of the Band under derive from a right of the Band; section shall be tolled until April 30, 2030. the ESAA Capacity Agreement for the provi- (E) limits any funding that RCWD would (B) VOIDING OF WAIVERS.—If a waiver au- sion by RCWD of Interim Capacity to the otherwise be authorized to receive under any thorized by this subsection is void under sub- Band in an amount not to exceed $1,000,000. Federal law, including, the Reclamation paragraph (A)— (ii) PROCEDURE.—The procedure for the Wastewater and Groundwater Study and Fa- (i) the approval of the United States of the Secretary to provide amounts pursuant to cilities Act (43 U.S.C. 390h et seq.) as that Pechanga Settlement Agreement under sub- this subparagraph shall be as set forth in the section (c) shall be void and have no further ESAA Capacity Agreement. Act applies to permanent facilities for water force or effect; (iii) LEAD AGENCY.—The Bureau of Rec- recycling, demineralization, and desalina- (ii) any unexpended Federal amounts ap- lamation shall be the lead agency for pur- tion, and distribution of nonpotable water propriated or made available to carry out poses of the implementation of this subpara- supplies in Southern Riverside County, Cali- this section, together with any interest graph. fornia; earned on those amounts, and any water (iv) LIABILITY.—The United States shall (F) characterizes any amounts received by rights or contracts to use water and title to have no responsibility or liability for the In- RCWD under the Pechanga Settlement other property acquired or constructed with terim Capacity to be provided by RCWD. Agreement or this section as Federal for pur- Federal amounts appropriated or made avail- (v) TRANSFER TO BAND.—If RCWD does not poses of section 1649 of the Reclamation able to carry out this section shall be re- provide the Interim Capacity Notice required Wastewater and Groundwater Study and Fa- turned to the Federal Government, unless pursuant to the ESAA Capacity Agreement cilities Act (43 U.S.C. 390h–32); or otherwise agreed to by the Band and the by the date that is 60 days after the date re- (G) affects the requirement of any party to United States and approved by Congress; and quired under the ESAA Capacity Agreement, the Pechanga Settlement Agreement or any (iii) except for Federal amounts used to ac- the amounts in the Pechanga ESAA Delivery of the exhibits to the Pechanga Settlement quire or develop property that is returned to Capacity account for purposes of the provi- Agreement to comply with the National En- the Federal Government under clause (ii), sion of Interim Capacity and Permanent Ca- vironmental Policy Act of 1969 (42 U.S.C. 4321 the United States shall be entitled to set off pacity, including any interest that has ac- et seq.) or the California Environmental any Federal amounts appropriated or made crued on those amounts, shall be available Quality Act (Cal. Pub. Res. Code 21000 et available to carry out this section that were for use by the Band to provide alternative in- seq.) prior to performing the respective obli- expended or withdrawn, together with any terim capacity in a manner that is similar to gations of that party under the Pechanga interest accrued, against any claims against the Interim Capacity and Permanent Capac- Settlement Agreement or any of the exhibits the United States relating to water rights ity that the Band would have received had to the Pechanga Settlement Agreement. asserted by the Band or Allottees in any fu- RCWD provided such Interim Capacity and (5) ENFORCEABILITY DATE.—The enforce- ture settlement of the water rights of the Permanent Capacity. ability date shall be the date on which the Band or Allottees. (C) PERMANENT CAPACITY.— Secretary publishes in the Federal Register a (g) WATER FACILITIES.— (i) IN GENERAL.—On receipt of the Perma- statement of findings that— (1) IN GENERAL.—The Secretary shall, sub- nent Capacity Notice pursuant to section (A) the Adjudication Court has approved ject to the availability of appropriations, 5(b) of the ESAA Capacity Agreement, the and entered a judgment and decree approving using amounts from the designated accounts Secretary, acting through the Bureau of Rec- the Pechanga Settlement Agreement in sub- of the Fund, provide the amounts necessary lamation, shall enter into negotiations with stantially the same form as Appendix 2 to to fulfill the obligations of the Band under RCWD and the Band to establish an agree- the Pechanga Settlement Agreement; the Recycled Water Infrastructure Agree- ment that will allow for the disbursement of (B) all amounts authorized by this section ment and the ESAA Capacity Agreement, in amounts from the Pechanga ESAA Delivery have been deposited in the Fund; an amount not to exceed the amounts depos- Capacity account in accordance with clause (C) the waivers and releases authorized in ited in the designated accounts for such pur- (ii). paragraph (1) have been executed by the poses plus any interest accrued on such (ii) SCHEDULE OF DISBURSEMENT.—Subject Band and the Secretary; amounts from the date of deposit in the to the availability of amounts under sub- (D) the Extension of Service Area Agree- Fund to the date of disbursement from the section (h)(5), on execution of the ESAA Ca- ment— Fund, in accordance with this section and pacity Agreement, the Secretary shall, sub- (i) has been approved and executed by all the terms and conditions of those agree- ject to the availability of appropriations and the parties to the Extension of Service Area ments. using amounts from the ESAA Delivery Ca- Agreement; and (2) NONREIMBURSABILITY OF COSTS.—All pacity account, provide amounts necessary (ii) is effective and enforceable in accord- costs incurred by the Secretary in carrying to fulfill the obligations of the Band under ance with the terms of the Extension of out this subsection shall be nonreimburs- the ESAA Capacity Agreement for the provi- Service Area Agreement; and able. sion by RCWD of Permanent Capacity to the (E) the ESAA Water Delivery Agreement— (3) RECYCLED WATER INFRASTRUCTURE.— Band in an amount not to exceed the amount (i) has been approved and executed by all (A) IN GENERAL.—The Secretary shall, available in the ESAA Delivery Capacity ac- the parties to the ESAA Water Delivery using amounts from the Pechanga Recycled count as of the date on which the ESAA Ca- Agreement; and Water Infrastructure account, provide pacity Agreement is executed. (ii) is effective and enforceable in accord- amounts for the Storage Pond in accordance (iii) PROCEDURE.—The procedure for the ance with the terms of the ESAA Water De- with this paragraph. Secretary to provide funds pursuant to this livery Agreement. (B) STORAGE POND.— subparagraph shall be as set forth in the (6) TOLLING OF CLAIMS.— (i) IN GENERAL.—The Secretary shall, sub- ESAA Capacity Agreement. (A) IN GENERAL.—Each applicable period of ject to the availability of appropriations, (iv) LEAD AGENCY.—The Bureau of Rec- limitation and time-based equitable defense provide the amounts necessary to fulfill the lamation shall be the lead agency for pur- relating to a claim described in this sub- obligations of the Band under the Recycled poses of the implementation of this subpara- section shall be tolled for the period begin- Water Infrastructure Agreement for the de- graph. ning on the date of enactment of this Act sign and construction of the Storage Pond, (v) LIABILITY.—The United States shall and ending on the earlier of— in an amount not to exceed $2,656,374. have no responsibility or liability for the (i) April 30, 2030, or such alternate date (ii) PROCEDURE.—The procedure for the Permanent Capacity to be provided by after April 30, 2030, as is agreed to by the Secretary to provide amounts pursuant to RCWD. Band and the Secretary; or this paragraph shall be as set forth in the (vi) TRANSFER TO BAND.—If RCWD does not (ii) the enforceability date. Recycled Water Infrastructure Agreement. provide the Permanent Capacity Notice re- (B) EFFECTS OF SUBSECTION.—Nothing in (iii) LEAD AGENCY.—The Bureau of Rec- quired pursuant to the ESAA Capacity this subsection revives any claim or tolls lamation shall be the lead agency for pur- Agreement by the date that is 5 years after any period of limitation or time-based equi- poses of the implementation of this para- the enforceability date, the amounts in the table defense that expired before the date of graph. Pechanga ESAA Delivery Capacity account enactment of this Act. (iv) LIABILITY.—The United States shall for purposes of the provision of Permanent (C) LIMITATION.—Nothing in this sub- have no responsibility or liability for the Capacity, including any interest that has ac- section precludes the tolling of any period of Storage Pond. crued on those amounts, shall be available

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for use by the Band to provide alternative amounts in the Fund be disbursed in accord- (1) PECHANGA RECYCLED WATER INFRASTRUC- permanent capacity in a manner that is ance with the plan. TURE ACCOUNT.—There is authorized to be ap- similar to the Permanent Capacity that the (B) REQUIREMENTS.—The expenditure plan propriated $2,656,374, for deposit in the Band would have received had RCWD pro- under subparagraph (A) shall include a de- Pechanga Recycled Water Infrastructure ac- vided such Permanent Capacity. scription of the manner and purpose for count, to carry out the activities described (h) PECHANGA SETTLEMENT FUND.— which the amounts proposed to be disbursed in subsection (g)(3). (1) ESTABLISHMENT.—There is established from the Fund will be used, in accordance (2) PECHANGA ESAA DELIVERY CAPACITY AC- in the Treasury of the United States a fund with paragraph (8). COUNT.—There is authorized to be appro- to be known as the ‘‘Pechanga Settlement (C) APPROVAL.—If the Secretary deter- priated $17,900,000, for deposit in the Fund’’, to be managed, invested, and distrib- mines that an expenditure plan submitted Pechanga ESAA Delivery Capacity account, uted by the Secretary and to be available under this subsection is consistent with the which amount shall be adjusted for changes until expended, and, together with any inter- purposes of this section, the Secretary shall in construction costs since June 30, 2009, as est earned on those amounts, to be used sole- approve the plan. is indicated by ENR Construction Cost ly for the purpose of carrying out this sec- (D) ENFORCEMENT.—The Secretary may Index, 20-City Average, as applicable to the tion. carry out such judicial or administrative ac- types of construction required for the Band to provide the infrastructure necessary for (2) TRANSFERS TO FUND.—The Fund shall tions as the Secretary determines necessary the Band to provide the Interim Capacity consist of such amounts as are deposited in to enforce an expenditure plan to ensure that and Permanent Capacity in the event that the Fund under subsection (j), together with amounts disbursed under this paragraph are RCWD elects not to provide the Interim Ca- any interest earned on those amounts, which used in accordance with this section. pacity or Permanent Capacity as set forth in shall be available in accordance with para- (8) USES.—Amounts from the Fund shall be the ESAA Capacity Agreement and con- graph (5). used by the Band for the following purposes: templated in subparagraphs (B)(v) and (C)(vi) (3) ACCOUNTS OF PECHANGA SETTLEMENT (A) PECHANGA RECYCLED WATER INFRA- of subsection (g)(4), with such adjustment FUND.—The Secretary shall establish in the STRUCTURE ACCOUNT.—The Pechanga Recy- ending on the date on which funds author- Fund the following accounts: cled Water Infrastructure account shall be ized to be appropriated under this subsection (A) Pechanga Recycled Water Infrastruc- used for expenditures by the Band in accord- have been deposited in the Fund. ture account, consisting of amounts author- ance with subsection (g)(3). (B) PECHANGA ESAA DELIVERY CAPACITY AC- (3) PECHANGA WATER FUND ACCOUNT.—There ized pursuant to subsection (j)(1). is authorized to be appropriated $5,483,653, (B) Pechanga ESAA Delivery Capacity ac- COUNT.—The Pechanga ESAA Delivery Ca- pacity account shall be used for expenditures for deposit in the Pechanga Water Fund ac- count, consisting of amounts authorized pur- count, which amount shall be adjusted for suant to subsection (j)(2). by the Band in accordance with subsection (g)(4). changes in appropriate cost indices since (C) Pechanga Water Fund account, con- June 30, 2009, with such adjustment ending sisting of amounts authorized pursuant to (C) PECHANGA WATER FUND ACCOUNT.—The Pechanga Water Fund account shall be used on the date of deposit in the Fund, for the subsection (j)(3). purposes set forth in subsection (h)(8)(C). (D) Pechanga Water Quality account, con- for— (i) payment of the EMWD Connection Fee; (4) PECHANGA WATER QUALITY ACCOUNT.— sisting of amounts authorized pursuant to There is authorized to be appropriated (ii) payment of the MWD Connection Fee; subsection (j)(4). $2,460,000, for deposit in the Pechanga Water and (4) MANAGEMENT OF FUND.—The Secretary Quality account, which amount shall be ad- (iii) any expenses, charges, or fees incurred shall manage, invest, and distribute all justed for changes in appropriate cost indices by the Band in connection with the delivery amounts in the Fund in a manner that is since June 30, 2009, with such adjustment or use of water pursuant to the Pechanga consistent with the investment authority of ending on the date of deposit in the Fund, for Settlement Agreement. the Secretary under— the purposes set forth in subsection (h)(8)(D). (D) PECHANGA WATER QUALITY ACCOUNT.— (A) the first section of the Act of June 24, (k) REPEAL ON FAILURE OF ENFORCEABILITY The Pechanga Water Quality account shall 1938 (25 U.S.C. 162a); DATE.—If the Secretary does not publish a (B) the American Indian Trust Fund Man- be used by the Band to fund groundwater de- statement of findings under subsection (f)(5) agement Reform Act of 1994 (25 U.S.C. 4001 et salination activities within the Wolf Valley by April 30, 2021, or such alternative later seq.); and Basin. date as is agreed to by the Band and the Sec- (C) this subsection. (9) LIABILITY.—The Secretary and the Sec- retary, as applicable— (5) AVAILABILITY OF AMOUNTS.—Amounts retary of the Treasury shall not be liable for (1) this section is repealed effective on the appropriated to, and deposited in, the Fund, the expenditure of, or the investment of any later of May 1, 2021, or the day after the al- including any investment earnings accrued amounts withdrawn from, the Fund by the ternative date agreed to by the Band and the from the date of deposit in the Fund through Band under paragraph (6) or (7). Secretary; the date of disbursement from the Fund, (10) NO PER CAPITA DISTRIBUTIONS.—No por- (2) any action taken by the Secretary and shall be made available to the Band by the tion of the Fund shall be distributed on a per any contract or agreement pursuant to the Secretary beginning on the enforceability capita basis to any member of the Band. authority provided under any provision of date. (i) MISCELLANEOUS PROVISIONS.— this section shall be void; (6) WITHDRAWALS BY BAND PURSUANT TO THE (1) WAIVER OF SOVEREIGN IMMUNITY BY THE (3) any amounts appropriated under sub- AMERICAN INDIAN TRUST FUND MANAGEMENT UNITED STATES.—Except as provided in sub- section (j), together with any interest on REFORM ACT.— sections (a) through (c) of section 208 of the those amounts, shall immediately revert to (A) IN GENERAL.—The Band may withdraw Department of Justice Appropriation Act, the general fund of the Treasury; and all or part of the amounts in the Fund on ap- 1953 (43 U.S.C. 666), nothing in this section (4) any amounts made available under sub- proval by the Secretary of a tribal manage- waives the sovereign immunity of the United section (j) that remain unexpended shall im- ment plan submitted by the Band in accord- States. mediately revert to the general fund of the ance with the American Indian Trust Fund (2) OTHER TRIBES NOT ADVERSELY AF- Treasury. Management Reform Act of 1994 (25 U.S.C. FECTED.—Nothing in this section quantifies (l) ANTIDEFICIENCY.— 4001 et seq.). or diminishes any land or water right, or any (1) IN GENERAL.—Notwithstanding any au- (B) REQUIREMENTS.— claim or entitlement to land or water, of an thorization of appropriations to carry out (i) IN GENERAL.—In addition to the require- Indian tribe, band, or community other than this section, the expenditure or advance of ments under the American Indian Trust the Band. any funds, and the performance of any obli- Fund Management Reform Act of 1994 (25 (3) LIMITATION ON CLAIMS FOR REIMBURSE- gation by the Department in any capacity, U.S.C. 4001 et seq.), the tribal management MENT.—With respect to Indian land within pursuant to this section shall be contingent plan under subparagraph (A) shall require the Reservation— on the appropriation of funds for that ex- that the Band shall spend all amounts with- (A) the United States shall not submit penditure, advance, or performance. drawn from the Fund in accordance with this against any Indian-owned land located with- (2) LIABILITY.—The Department of the In- section. in the Reservation any claim for reimburse- terior shall not be liable for the failure to (ii) ENFORCEMENT.—The Secretary may ment of the cost to the United States of car- carry out any obligation or activity author- carry out such judicial or administrative ac- rying out this section and the Pechanga Set- ized by this section if adequate appropria- tions as the Secretary determines to be nec- tlement Agreement; and tions are not provided to carry out this sec- essary to enforce the tribal management (B) no assessment of any Indian-owned tion. plan to ensure that amounts withdrawn by land located within the Reservation shall be SEC. 8010. GOLD KING MINE SPILL RECOVERY. the Band from the Fund under this para- made regarding that cost. (a) DEFINITIONS.—In this section: graph are used in accordance with this sec- (4) EFFECT ON CURRENT LAW.—Nothing in (1) ADMINISTRATOR.—The term ‘‘Adminis- tion. this subsection affects any provision of law trator’’ means the Administrator of the En- (7) WITHDRAWALS BY BAND PURSUANT TO AN (including regulations) in effect on the day vironmental Protection Agency. EXPENDITURE PLAN.— before the date of enactment of this Act with (2) CLAIMANT.—The term ‘‘claimant’’ (A) IN GENERAL.—The Band may submit an respect to preenforcement review of any Fed- means a State, Indian tribe, or local govern- expenditure plan for approval by the Sec- eral environmental enforcement action. ment that submits a claim under subsection retary requesting that all or part of the (j) AUTHORIZATION OF APPROPRIATIONS.— (c).

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(3) GOLD KING MINE RELEASE.—The term ministrator shall make a decision on, and Administrator to warrant notice under para- ‘‘Gold King Mine release’’ means the dis- pay, any eligible response costs. graph (3), not later than 7 days after the date charge on August 5, 2015, of approximately (C) DEADLINE.—All claims under this sub- on which notice is provided to the public 3,000,000 gallons of contaminated water from section shall be submitted to the Adminis- under paragraph (3), the State that has pri- the Gold King Mine north of Silverton, Colo- trator not later than 180 days after the date mary enforcement responsibility under sec- rado, into Cement Creek that occurred while of enactment of this Act. tion 1413 shall identify short-term remedies, contractors of the Environmental Protection (D) NOTIFICATION.—Not later than 30 days including bottled water or a water filtration Agency were conducting an investigation of after the date on which the Administrator system, for affected households.’’. the Gold King Mine to assess mine condi- makes a decision under subparagraph (A) or tions. (B), the Administrator shall notify the SA 5044. Mr. MURPHY (for himself (4) NATIONAL CONTINGENCY PLAN.—The term claimant of the decision. and Mr. BLUMENTHAL) submitted an ‘‘National Contingency Plan’’ means the Na- (d) WATER QUALITY PROGRAM.— amendment intended to be proposed to tional Contingency Plan prepared and pub- (1) IN GENERAL.—In response to the Gold amendment SA 4979 proposed by Mr. lished under part 300 of title 40, Code of Fed- King Mine release, the Administrator, in eral Regulations (or successor regulations). conjunction with affected States, Indian MCCONNELL (for Mr. INHOFE (for him- (5) RESPONSE.—The term ‘‘response’’ has tribes, and local governments, shall, subject self and Mrs. BOXER)) to the bill S. 2848, the meaning given the term in section 101 of to the availability of appropriations, develop to provide for the conservation and de- the Comprehensive Environmental Response, and implement a program for long-term velopment of water and related re- Compensation, and Liability Act of 1980 (42 water quality monitoring of rivers contami- sources, to authorize the Secretary of U.S.C. 9601). nated by the Gold King Mine release. the Army to construct various projects (b) SENSE OF CONGRESS.—It is the sense of (2) REQUIREMENTS.—In carrying out the Congress that the Administrator should re- for improvements to rivers and harbors program described in paragraph (1), the Ad- of the United States, and for other pur- ceive and process, as expeditiously as pos- ministrator, in conjunction with affected sible, claims under chapter 171 of title 28, States, Indian tribes, and local governments, poses; which was ordered to lie on the United States Code (commonly known as the shall— table; as follows: ‘‘Federal Tort Claims Act’’) for any injury (A) collect water quality samples and sedi- At the appropriate place, insert: arising out of the Gold King Mine release. ment data; It is the sense of Congress that— (c) GOLD KING MINE RELEASE CLAIMS PUR- (B) provide the public with a means of 1) State water quality standards that im- SUANT TO THE COMPREHENSIVE ENVIRON- viewing the water quality sample results and pact the disposal of dredged material should MENTAL RESPONSE, COMPENSATION, AND LI- sediment data referred to in subparagraph be developed collaboratively, with input ABILITY ACT.— (A) by, at a minimum, posting the informa- from all relevant stakeholders; (1) IN GENERAL.—The Administrator shall, tion on the website of the Administrator; 2) Open-water disposal of dredged material consistent with the National Contingency should be reduced to the maximum extent Plan, receive and process under the Com- (C) take any other reasonable measure nec- essary to assist affected States, Indian practicable; prehensive Environmental Response, Com- 3) Disputes between states related to the pensation, and Liability Act of 1980 (42 tribes, and local governments with long-term water monitoring; and disposal of dredged material and the protec- U.S.C. 9601 et seq.), and pay from appropria- tion of water quality should be resolved be- tions made available to the Administrator to (D) carry out additional program activities related to long-term water quality moni- tween the states in accordance with regional carry out that Act, any claim made by a plans and involving regional bodies. State, Indian tribe, or local government for toring that the Administrator determines to eligible response costs relating to the Gold be necessary. (3) AUTHORIZATION OF APPROPRIATIONS.— SA 5045. Mr. BOOZMAN submitted an King Mine release. amendment intended to be proposed to (2) ELIGIBLE RESPONSE COSTS.— There are authorized to be appropriated to (A) IN GENERAL.—Response costs incurred the Administrator such sums as may be nec- amendment SA 4979 proposed by Mr. between August 5, 2015, and September 9, essary to carry out this subsection, includ- MCCONNELL (for Mr. INHOFE (for him- 2016, are eligible for payment by the Admin- ing the reimbursement of affected States, In- self and Mrs. BOXER)) to the bill S. 2848, istrator under this subsection, without prior dian tribes, and local governments for the to provide for the conservation and de- approval by the Administrator, if the re- costs of long-term water quality monitoring velopment of water and related re- of any river contaminated by the Adminis- sponse costs are not inconsistent with the sources, to authorize the Secretary of National Contingency Plan. trator. (e) EXISTING STATE AND TRIBAL LAW.— the Army to construct various projects (B) PRIOR APPROVAL REQUIRED.—Response Nothing in this section affects the jurisdic- for improvements to rivers and harbors costs incurred after September 9, 2016, are el- tion or authority of any department, agency, igible for payment by the Administrator of the United States, and for other pur- or officer of any State government or any In- under this subsection if— poses; which was ordered to lie on the dian tribe. (i) the Administrator approves the re- table; as follows: (f) SAVINGS CLAUSE.—Nothing in this sec- sponse costs under section 111(a)(2) of the tion affects any right of any State, Indian At the end of title VIII, add the following: Comprehensive Environmental Response, tribe, or other person to bring a claim SEC. 80lll. EXEMPTION OF RURAL WATER Compensation, and Liability Act of 1980 (42 against the United States for response costs PROJECTS FROM CERTAIN RENTAL U.S.C. 9611(a)(2)); and FEES. or natural resources damages pursuant to (ii) the response costs are not inconsistent Section 504(g) of the Federal Land Policy section 107 of the Comprehensive Environ- with the National Contingency Plan. and Management Act of 1976 (43 U.S.C. mental Response, Compensation, and Liabil- (3) PRESUMPTION.— 1764(g)) is amended in the eighth sentence by ity Act of 1980 (42 U.S.C. 9607). (A) IN GENERAL.—The Administrator shall inserting ‘‘and for any rural water project consider response costs claimed under para- SA 5043. Mr. BROWN submitted an serving fewer than 3,300 individuals that is graph (1) to be eligible response costs if a amendment intended to be proposed to federally financed (including a project that reasonable basis exists to establish that the receives Federal funds under the Consoli- response costs are not inconsistent with the amendment SA 4979 proposed by Mr. dated Farm and Rural Development Act (7 National Contingency Plan. MCCONNELL (for Mr. INHOFE (for him- U.S.C. 1921 et seq.) or from a State drinking (B) APPLICABLE STANDARD.—In determining self and Mrs. BOXER)) to the bill S. 2848, water treatment revolving loan fund estab- whether a response cost is not inconsistent to provide for the conservation and de- lished under section 1452 of the Safe Drink- with the National Contingency Plan, the Ad- velopment of water and related re- ing Water Act (42 U.S.C. 300j–12)) (referred to ministrator shall apply the same standard sources, to authorize the Secretary of in this subsection as a ‘covered project’), that the United States applies in seeking re- the Army to construct various projects subject to the requirement that the total covery of the response costs of the United for improvements to rivers and harbors amount of rental fees that may be exempted States from responsible parties under section with respect to covered projects shall not ex- 107 of the Comprehensive Environmental Re- of the United States, and for other pur- ceed $50,000 in any 1 year’’ after ‘‘such facili- sponse, Compensation, and Liability Act of poses; which was ordered to lie on the ties’’. 1980 (42 U.S.C. 9607). table; as follows: (4) TIMING.— On page 213, strike line 6 and insert the fol- SA 5046. Ms. BALDWIN submitted an (A) IN GENERAL.—Not later than 90 days lowing: amendment intended to be proposed to after the date of enactment of this Act, the affected by lead in a public water system. amendment SA 4979 proposed by Mr. Administrator shall make a decision on, and ‘‘(7) SHORT-TERM REMEDY FOR LEAD IN MCCONNELL (for Mr. INHOFE (for him- pay, any eligible response costs submitted to DRINKING WATER.—In the case of an exceed- self and Mrs. BOXER)) to the bill S. 2848, the Administrator before that date of enact- ance of a lead action level or any other pre- ment. scribed level of lead in a regulation issued to provide for the conservation and de- (B) SUBSEQUENTLY FILED CLAIMS.—Not later under section 1412, including the concentra- velopment of water and related re- than 90 days after the date on which a claim tions of lead found in a monitoring activity sources, to authorize the Secretary of is submitted to the Administrator, the Ad- or any other level of lead determined by the the Army to construct various projects

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.027 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5579 for improvements to rivers and harbors ‘‘(3) USE OF FUNDS.—An eligible entity that State shall take any action against a histor- of the United States, and for other pur- receives a grant under this subsection may ical significant noncomplier of this part dur- poses; which was ordered to lie on the use grant funds— ing the time period described in subpara- table; as follows: ‘‘(A) to recover the costs incurred by the graph (B) if the historical significant non- eligible entity for testing for lead contami- complier is pursuing a partnership actively At the end of section 4018, add the fol- nation in school drinking water conducted and in good faith. lowing: by the eligible entity or another entity ap- ‘‘(ii) EXCEPTION.—Notwithstanding clause (h) AUTHORIZATION OF APPROPRIATIONS.— proved by the Administrator or the State to (i), the Administrator or a State may take There is authorized to be appropriated to the conduct the testing; or an action against a historical significant Secretary to carry out this section $50,000,000 ‘‘(B) to replace lead pipes and short-term noncomplier during the time period de- for each fiscal year. measures, pipe fittings, plumbing fittings, scribed in subparagraph (B) to address an im- and fixtures of any school with drinking minent or acute public health risk.’’; SA 5047. Mr. BOOKER submitted an water that contains a level of lead that ex- (2) in subsection (c)— amendment intended to be proposed to ceeds the action level established by the Ad- (A) in paragraph (2)— amendment SA 4979 proposed by Mr. ministrator under section 1412(b) with lead (i) in subparagraph (C)(ii), by inserting MCCONNELL (for Mr. INHOFE (for him- free (as defined in section 1417) pipes, pipe ‘‘that are determined to be historical signifi- self and Mrs. BOXER)) to the bill S. 2848, fittings, plumbing fittings, and fixtures. cant noncompliers and public water systems to provide for the conservation and de- ‘‘(4) GUIDANCE; PUBLIC AVAILABILITY.—As a that are not determined to be historical sig- condition of receiving a grant under this sub- nificant noncompliers’’ after ‘‘public water velopment of water and related re- systems’’; sources, to authorize the Secretary of section, an eligible entity shall— ‘‘(A) expend grant funds in accordance (ii) in subparagraph (D), by striking ‘‘and’’ the Army to construct various projects with— after the semicolon; for improvements to rivers and harbors ‘‘(i) the guidance of the Environmental (iii) in subparagraph (E), by striking the of the United States, and for other pur- Protection Agency entitled ‘3Ts for Reducing period at the end and inserting ‘‘; and’’; and poses; which was ordered to lie on the Lead in Drinking Water in Schools: Revised (iv) by adding at the end the following: table; as follows: Technical Guidance’ and dated October 2006 ‘‘(F) a description of— (or any successor guidance); or ‘‘(i) the efforts of the head of the State At the end of subtitle A of title VII, add agency that has primary responsibility to the following ‘‘(ii) applicable State regulations or guid- ance regarding the reduction of lead in carry out this title in the State to promote SEC. 71lll. SCHOOL TESTING AND NOTIFICA- drinking water in schools that is consistent partnerships; and TION; GRANT PROGRAM. ‘‘(ii) how many partnerships the head of (a) IN GENERAL.—Section 1464 of the Safe with the guidance referred to in clause (i), as determined by the Administrator; the State agency that has primary responsi- Drinking Water Act (42 U.S.C.300j–24) is bility to carry out this title in the State ex- amended by adding at the end the following: ‘‘(B) make publicly available, including, to the maximum extent practicable, on the pects to be successful.’’; and ‘‘(e) TESTING AND NOTIFICATION REQUIRE- (B) in paragraph (3), by inserting ‘‘, efforts MENTS FOR PUBLIC WATER SYSTEMS THAT Internet website of the eligible entity, a copy of the results of any testing for lead to promote partnerships, number of success- SERVE SCHOOLS.—Not later than 1 year after ful partnerships,’’ after ‘‘efficacy of the contamination in school drinking water that the date of enactment of the Water Re- strategy’’; is carried out with funds under this sub- sources Development Act of 2016, the Admin- (3) in subsection (d)— section; and istrator shall promulgate a regulation that— (A) by redesignating paragraph (3) and (4) ‘‘(C) notify parent, teacher, and employee ‘‘(1) requires— as paragraphs (9) and (10), respectively; and organizations of the availability of the re- ‘‘(A) each public water system that serves (B) by inserting after paragraph (2) the fol- sults described in subparagraph (B).’’. a school or licensed childcare facility deter- lowing: mined by the Administrator to have a risk of ‘‘(3) PARTNERSHIPS.— lead in the drinking water at a level that SA 5048. Mr. BOOKER submitted an amendment intended to be proposed to ‘‘(A) IN GENERAL.—A partnership described meets or exceeds the lead action level estab- in this paragraph includes— lished by the Administrator under section amendment SA 4979 proposed by Mr. ‘‘(i) a change in the ownership or the finan- 1412(b) to offer to the local educational agen- MCCONNELL (for Mr. INHOFE (for him- cial, technical, and operational management cy that operates the school assistance in self and Mrs. BOXER)) to the bill S. 2848, structure of a water system determined by sampling for lead in the drinking water of to provide for the conservation and de- the Administrator to be a historical signifi- the school; velopment of water and related re- cant noncomplier of this part; ‘‘(B) in the case of a local educational sources, to authorize the Secretary of ‘‘(ii) a partnership between a water system agency that accepts assistance in sampling the Army to construct various projects determined by the Administrator to be a his- for lead in the drinking water of the school, for improvements to rivers and harbors torical significant noncomplier of this part the public water system to sample for lead; of the United States, and for other pur- and a water system that is not determined and by the Administrator to be a historical sig- ‘‘(2) requires a public water system that poses; which was ordered to lie on the nificant noncomplier of this part; and provides assistance under paragraph (1) and table; as follows: ‘‘(iii) a partnership between 2 or more obtains the sampling results for a school to At the end of subtitle A of title VII, add water systems determined by the Adminis- provide the sampling results to the local the following: trator to be historical significant noncom- educational agency that has jurisdiction SEC. 7118. CAPACITY DEVELOPMENT. pliers of this part. over the school and the head of the State Section 1420 of the Safe Drinking Water ‘‘(B) DEADLINE FOR RETURN TO COMPLI- agency that has primary responsibility to Act (42 U.S.C. 300g–9) is amended— ANCE.—A water system determined by the carry out this title in the State not later (1) in subsection (b), by adding at the end Administrator to be a historical significant than 5 business days after the date on which the following: noncomplier of this part that enters into a the public water system receives the sam- ‘‘(4) HISTORICAL SIGNIFICANT NONCOM- partnership agreement shall return to com- pling results. PLIERS.— pliance— ‘‘(f) SCHOOL LEAD TESTING AND REMEDI- ‘‘(A) IN GENERAL.—The head of the State ‘‘(i) in the case of an approved State plan, ATION GRANT PROGRAM.— agency that has primary responsibility to as soon as practicable but not later than 3 ‘‘(1) DEFINITION OF ELIGIBLE ENTITY.—In carry out this title in the State shall provide years after the date on which the water sys- this subsection, the term ‘eligible entity’ written notice to a public water system that tem enters into the partnership agreement; means— the Administrator has determined the public or ‘‘(A) a local educational agency (as defined water system to be a historical significant ‘‘(ii) in the case of an enforceable agree- in section 8101 of the Elementary and Sec- noncomplier of this part. ment approved by the State and the Admin- ondary Education Act of 1965 (20 U.S.C. ‘‘(B) RETURN TO COMPLIANCE ASSESSMENT.— istrator, not later than 6 years after the date 7801)); Not later than 180 days after the date on on which the water system enters into the ‘‘(B) a public water system that provides which a public water system receives a no- partnership agreement. assistance to a local education agency under tice under subparagraph (A), the public ‘‘(C) STATE REVOLVING LOAN FUNDS.—The subsection (e)(1); or water system shall carry out, and submit to Administrator may not withhold from a ‘‘(C) a State agency that administers a the head of the State agency that has pri- State funds under section 1452 or reduce any statewide program to test for, or remediate, mary responsibility to carry out this title in State allotment or set-aside under that sec- lead contamination in drinking water. the State for review, a return to compliance tion based on the action or inaction of a ‘‘(2) GRANTS AUTHORIZED.—Not later than 1 assessment that may include consideration State with respect to new partnerships under year after the date of enactment of this sub- of partnership options (as described in sub- this section. section, the Administrator shall establish a section (d)(3)(A)). ‘‘(4) PARTNERSHIP INCENTIVES.—The Admin- grant program to make grants available to ‘‘(C) NO ENFORCEMENT ACTION.— istrator shall— eligible entities to test for, or remediate, ‘‘(i) IN GENERAL.—Except as provided in ‘‘(A) establish incentives for public water lead contamination in school drinking water. clause (ii), neither the Administrator nor a systems to enter into a partnership described

VerDate Sep 11 2014 05:32 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.033 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5580 CONGRESSIONAL RECORD — SENATE September 12, 2016 in paragraph (3)(A), including allowing a amendment SA 4979 proposed by Mr. businesses to strengthen communities and State to award grant and loan funds to a MCCONNELL (for Mr. INHOFE (for him- ensure a strong pipeline of skilled and di- public water system that is determined by self and Mrs. BOXER)) to the bill S. 2848, verse workers for today and tomorrow; and the Administrator to be a historical signifi- to provide for the conservation and de- (3) to further the goal of ensuring a strong cant noncomplier of this part— pipeline of skilled and diverse workers in the ‘‘(i) to assess partnership options; and velopment of water and related re- water and wastewater utilities sector, Con- ‘‘(ii) to engage in peer-to-peer assistance; sources, to authorize the Secretary of gress urges— and the Army to construct various projects (A) increased collaboration among Federal, ‘‘(B) provide other technical assistance as for improvements to rivers and harbors State, and local governments; and necessary to achieve compliance with this of the United States, and for other pur- (B) institutions of higher education, ap- section. poses; which was ordered to lie on the prentice programs, high schools, and other ‘‘(5) SAFE HARBOR.— table; as follows: community-based organizations to align ‘‘(A) IN GENERAL.—A public water system workforce training programs and community that enters into a partnership described in At the end of section 6004, add the fol- resources with water and wastewater utili- clause (i) or (ii) of paragraph (3)(A) and ac- lowing: ties to accelerate career pipelines and pro- quires ownership or control of a water sys- (3) The Hudson-Raritan Estuary Com- vide access to workforce opportunities. tem determined by the Administrator to be a prehensive Restoration Project. (c) INNOVATIVE WATER INFRASTRUCTURE WORKFORCE DEVELOPMENT PROGRAM.— historical significant noncomplier of this Mr. BOOKER submitted an part shall be held harmless from any fines or SA 5050. (1) GRANTS AUTHORIZED.—The Adminis- penalties associated with violations of Fed- amendment intended to be proposed to trator of the Environmental Protection eral law by the historical significant non- amendment SA 4979 proposed by Mr. Agency and the Secretary shall establish a complier that occurred on a date that is be- MCCONNELL (for Mr. INHOFE (for him- competitive grant program to assist the de- fore the change in ownership or control of self and Mrs. BOXER)) to the bill S. 2848, velopment of innovative activities relating that public water system if the public water to provide for the conservation and de- to workforce development in the water util- system discloses the violations to the State ity sector. velopment of water and related re- (2) SELECTION OF GRANT RECIPIENTS.—In and the Administrator under such notice re- sources, to authorize the Secretary of quirements as the Administrator may estab- awarding grants under paragraph (1), the Ad- the Army to construct various projects ministrator or the Secretary, as applicable, lish. shall, to the maximum extent practicable, ‘‘(B) PARTNERSHIP BETWEEN 2 OR MORE HIS- for improvements to rivers and harbors select water utilities that— TORICAL SIGNIFICANT NONCOMPLIERS.—Sub- of the United States, and for other pur- (A) are geographically diverse; paragraph (A) shall not apply to a partner- poses; which was ordered to lie on the (B) address the workforce and human re- ship described in clause (iii) of paragraph table; as follows: sources needs of large and small public water (3)(A). At the end of title VIII, add the following: and wastewater utilities; ‘‘(6) VOLUNTARY COMPLIANCE AUDITS.—The SEC. 8lll. WATER INFRASTRUCTURE AND (C) address the workforce and human re- Administrator shall establish incentives for WORKFORCE INVESTMENT. sources needs of urban and rural public public water systems to assess compliance (a) FINDINGS.—Congress finds that— water and wastewater utilities; with this title, including the use of Federal (1) utilities and local governments invest (D) advance training relating to construc- or State audit and self-disclosure policies significant resources in planning, designing, tion, utility operations, treatment and dis- that include an assessment of the complete- constructing, operating, and maintaining tribution, green infrastructure, customer ness and accuracy of monitoring and data re- water, wastewater, and stormwater sys- service, maintenance, and engineering; and ported to the head of the State agency that tems— (E)(i) have a high retiring workforce rate; has primary responsibility to carry out this (A) to ensure a safe and reliable water sup- or title in the State to determine compliance. ply for customers; and (ii) are located in areas with a high unem- ‘‘(7) GUIDANCE; COFUNDING.— (B) to maintain public health, safety, and ployment rate. ‘‘(A) IN GENERAL.—Not later than 18 environmental quality; (3) USE OF FUNDS.—Grants awarded under months after the date of enactment of this (2) during the 10-year period beginning on paragraph (1) may be used for activities such paragraph, the Administrator, in coordina- the date of enactment of this Act, 30 of the as— tion with the Secretary of Agriculture and largest water and wastewater utilities in the (A) targeted internship, apprenticeship, the Secretary of Housing and Urban Develop- United States will— preapprenticeship, and post-secondary bridge ment, shall develop guidance on the use of (A) invest $233,000,000,000 in operating and programs for mission-critical skilled trades, all available Federal grants and loan funds capital spending; and in collaboration with labor organizations, for public water systems that enter into a (B) support 290,000 jobs annually; community colleges, and other training and partnership agreement. (3) every $1,000,000,000 in Federal invest- education institutions that provide— ‘‘(B) COFUNDING.—The Administrator shall ment in water and wastewater infrastructure (i) on-the-job training; maximize flexibility for the use of cofunding creates an estimated 26,000 jobs; (ii) soft and hard skills development; for public water systems that enter into a (4) jobs in the water and wastewater sec- (iii) test preparation for skilled trade ap- partnership agreement. tor, including apprenticeship positions, typi- prenticeships; or ‘‘(8) RECIPROCITY.—The Administrator cally pay more than 3 times the minimum (iv) other support services to facilitate shall develop incentives to encourage reci- wage; post-secondary success; procity among States to provide greater mo- (5) the median age of water sector workers (B) kindergarten through 12th grade and bility of certified operators, with a focus on is 48 years old, which is 6 years older than young adult education programs that— rural and disadvantaged communities.’’; and the national median age of workers; (i) educate young people about the role of (4) in subsection (g)(2)— (6) water and wastewater utilities antici- water and wastewater utilities in the com- (A) in the first sentence, by striking ‘‘The pate unprecedented workforce replacement munities of the young people; Administrator’’ and inserting the following: needs over the 10-year period described in (ii) increase the career awareness and ex- ‘‘(1) IN GENERAL.—The Administrator’’; paragraph (2) because 37 percent of water posure of the young people to water utility (B) in the second sentence, by striking utility workers and 31 percent of wastewater careers through various work-based learning ‘‘The Administrator’’ and inserting the fol- utility workers will retire during that pe- opportunities inside and outside the class- lowing: riod; room; and ‘‘(2) NO DUPLICATION.—The Administrator’’; (7) during the period described in para- (iii) connect young people to post-sec- and graph (6), workforce replacement needs in ondary career pathways related to water (C) by adding at the end the following: the water sector will exceed the 23-percent utilities; ‘‘(3) BEST PRACTICES DATABASE.— nationwide replacement need of the total (C) regional industry and workforce devel- ‘‘(A) IN GENERAL.—The Administrator, in workforce; and opment collaborations to identify water util- coordination with the States, shall establish (8) water infrastructure projects and per- ity employment needs, map existing career a best practices database to share examples manent water utility jobs can offer access to pathways, support the development of cur- of practices involving operational, technical, stable, high-quality jobs with competitive ricula, facilitate the sharing of resources, and financial capacity under this part. wages and benefits. and coordinate candidate development, staff ‘‘(B) GRANTS AUTHORIZED.—The Adminis- (b) SENSE OF CONGRESS.—It is the sense of preparedness efforts, and activities that en- trator may make grants available to an ap- Congress that— gage and support— propriate nonprofit organization to develop (1) water and wastewater utilities provide (i) water utilities employers; and maintain the database described in sub- a unique opportunity for access to stable, (ii) educational and training institutions; paragraph (A).’’. high-quality careers; (iii) local community-based organizations; (2) as water and wastewater utilities make (iv) public workforce agencies; and SA 5049. Mr. BOOKER (for himself critical investments in infrastructure, water (v) other related stakeholders; and Mr. MENENDEZ) submitted an and wastewater utilities can invest in the de- (D) integrated learning laboratories em- amendment intended to be proposed to velopment of local workers and local small bedded in high schools or other secondary

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.033 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 12, 2016 CONGRESSIONAL RECORD — SENATE S5581 educational institutions that provide stu- SA 5053. Mr. REID (for Mr. SANDERS) ‘‘(ii) in proportion to the beneficial use of dents with— submitted an amendment intended to waters, as determined by the Truckee River (i) hands-on, contextualized learning op- be proposed to amendment SA 4979 pro- Operating Agreement Administrator.’’. portunities; posed by Mr. MCCONNELL (for Mr. (ii) dual enrollment credit for post-sec- SA 5056. Ms. BALDWIN submitted an ondary education and training programs; and INHOFE (for himself and Mrs. BOXER)) to amendment intended to be proposed to (iii) direct connection to industry employ- the bill S. 2848, to provide for the con- amendment SA 4979 proposed by Mr. ers; and servation and development of water MCCONNELL (for Mr. INHOFE (for him- (E) leadership development, occupational and related resources, to authorize the self and Mrs. BOXER)) to the bill S. 2848, training, mentoring, or cross-training pro- Secretary of the Army to construct to provide for the conservation and de- grams that ensure that incumbent water and various projects for improvements to velopment of water and related re- wastewater utilities workers are prepared for rivers and harbors of the United sources, to authorize the Secretary of higher-level supervisory or management- States, and for other purposes; which level positions. the Army to construct various projects was ordered to lie on the table; as fol- for improvements to rivers and harbors SA 5051. Mr. BOOKER submitted an lows: of the United States, and for other pur- amendment intended to be proposed to On page 80, line 24, insert ‘‘with a gener- poses; which was ordered to lie on the amendment SA 4979 proposed by Mr. ating capacity of more than 6 megawatts’’ table; as follows: MCCONNELL (for Mr. INHOFE (for him- after ‘‘dam’’. At end of subtitle A of title VII, add the self and Mrs. BOXER)) to the bill S. 2848, following: to provide for the conservation and de- SA 5054. Mr. REID (for Mr. SANDERS) SEC. 71ll. REPLACEMENT OF LEAD SERVICE velopment of water and related re- submitted an amendment intended to LINES. sources, to authorize the Secretary of be proposed to amendment SA 4979 pro- Section 1452(a)(2) of the Safe Drinking the Army to construct various projects posed by Mr. MCCONNELL (for Mr. Water Act (42 U.S.C. 300j–12(a)(2)) (as amend- for improvements to rivers and harbors INHOFE (for himself and Mrs. BOXER)) to ed by section 7101) is amended by adding at the bill S. 2848, to provide for the con- the end the following: of the United States, and for other pur- ‘‘(G) LEAD SERVICE LINE REPLACEMENT.— poses; which was ordered to lie on the servation and development of water Funds may be used to provide assistance for table; as follows: and related resources, to authorize the complete service line replacement, regard- On page 79, strike lines 22 through 25 and Secretary of the Army to construct less of pipe material and ownership of the insert the following: various projects for improvements to property, if— (1) by redesignating paragraphs (4), (5), (6), rivers and harbors of the United ‘‘(i) the assistance is provided to an entity (7), (8), (9), (10), (11), (12), and (13) as para- States, and for other purposes; which that is eligible to receive assistance under graphs (5), (6), (7), (9), (10), (12), (14), (15), (16), was ordered to lie on the table; as fol- this section; and and (17), respectively; lows: ‘‘(ii) the project complies with all other re- On page 81, strike lines 3 through 5 and in- quirements under this section.’’. sert the following: At the end of title I, add the following: (3) by inserting after paragraph (7) (as re- SEC. 10ll. FLOOD CONTROL RESERVOIRS. SA 5057. Ms. CANTWELL submitted designated by paragraph (1)) the following: Notwithstanding any other provision of an amendment intended to be proposed ‘‘(8) FISH PASSAGE.—The term ‘fish passage’ law, the Secretary may study, design, and to amendment SA 4979 proposed by Mr. means any activity or structure that im- construct a control gate, spillway, or dam MCCONNELL (for Mr. INHOFE (for him- proves the movement of native fish or other safety improvement for a flood control res- self and Mrs. BOXER)) to the bill S. 2848, native aquatic species by reconnecting up- ervoir— stream and downstream habitats.’’; to provide for the conservation and de- (1) that was constructed, in whole or in velopment of water and related re- (4) by inserting after paragraph (10) (as re- part, by the Corps of Engineers; designated by paragraph (1)) the following: (2) for which the construction was com- sources, to authorize the Secretary of ‘‘(11) NON-FEDERAL SPONSOR.—The term pleted before 1940; and the Army to construct various projects On page 81, strike lines 9 through 15 and in- (3) that is operated by a non-Federal enti- for improvements to rivers and harbors sert the following: ty. of the United States, and for other pur- ‘‘(B) a nonprofit organization.’’; and poses; which was ordered to lie on the (5) by inserting after paragraph (12) (as re- SA 5055. Mr. REID submitted an table; as follows: designated by paragraph (1)) the following: amendment intended to be proposed to ‘‘(13) REHABILITATION.— At the end of title VIII, add the following: ‘‘(A) IN GENERAL.—The term ‘rehabilita- amendment SA 4979 proposed by Mr. SEC. 80ll. SHELLFISH FARMS. tion’ means the repair, replacement, recon- MCCONNELL (for Mr. INHOFE (for him- Notwithstanding any other provision of struction, or removal of a dam that is car- self and Mrs. BOXER)) to the bill S. 2848, law, any verification letter or other permit ried out to meet applicable State dam safety to provide for the conservation and de- coverage issued to a new or existing shellfish and security standards. velopment of water and related re- farm in the State of Washington by the Sec- ‘‘(B) INCLUSION.—The term ‘rehabilitation’ sources, to authorize the Secretary of retary under 2012 Nationwide Permit 48 (de- includes the construction or restoration of a scribed in the final notice entitled the Army to construct various projects ‘‘Reissuance of Nationwide Permits’’ (77 Fed. structure that effectively accomplishes fish for improvements to rivers and harbors passage.’’. Reg. 10184 (February 21, 2012))), and before On page 82, strike lines 7 through 9 and in- of the United States, and for other pur- the effective date of the 2017 Nationwide Per- sert the following: poses; which was ordered to lie on the mit 48 (described in the notice of proposed ‘‘(3) the restoration of fish passage. table; as follows: rulemaking entitled ‘‘Proposal to Reissue At the end of title III, add the following: and Modify Nationwide Permits’’ (81 Fed. SA 5052. Mr. CARDIN submitted an Reg. 35186 (June 1, 2016))), shall be in effect SEC. 30ll. MODIFICATION OF COST ALLOCA- during the period beginning on the date of amendment intended to be proposed to TION FOR BOCA RESERVOIR DAM, amendment SA 4979 proposed by Mr. CALIFORNIA. issuance of the permit and ending on the date that is 5 years after the effective date of MCCONNELL (for Mr. INHOFE (for him- Section 4(c)(1) of the Reclamation of Safe- the 2017 Nationwide Permit 48. self and Mrs. BOXER)) to the bill S. 2848, ty of Dams Act of 1978 (43 U.S.C. 508(c)(1)) is to provide for the conservation and de- amended— SA 5058. Mr. WYDEN (for himself and (1) by striking the period at the end and in- velopment of water and related re- Mr. MERKLEY) submitted an amend- sources, to authorize the Secretary of serting ‘‘; and’’; (2) by striking ‘‘case of’’ and inserting ment intended to be proposed to the Army to construct various projects amendment SA 4979 proposed by Mr. for improvements to rivers and harbors ‘‘case of—’’; (3) by striking ‘‘Jackson Lake Dam’’ and MCCONNELL (for Mr. INHOFE (for him- of the United States, and for other pur- inserting the following: self and Mrs. BOXER)) to the bill S. 2848, poses; which was ordered to lie on the ‘‘(A) Jackson Lake Dam’’; and to provide for the conservation and de- table; as follows: (4) by adding at the end the following: velopment of water and related re- At the end of title VIII, add the following: ‘‘(B) Boca Reservoir Dam, Truckee River sources, to authorize the Secretary of SEC. 80ll. CHESAPEAKE BAY GRASS SURVEY. Storage Project, California, such costs shall the Army to construct various projects There is authorized to be appropriated to be allocated— the Administrator of the Environmental ‘‘(i) in accordance with the authorized pur- for improvements to rivers and harbors Protection Agency for the Chesapeake Bay poses of the Truckee-Carson-Pyramid Lake of the United States, and for other pur- Grass Survey $150,000 for fiscal year 2017 and Water Rights Settlement Act (Public Law poses; which was ordered to lie on the each fiscal year thereafter. 101–618; 104 Stat. 3294); and table; as follows:

VerDate Sep 11 2014 04:43 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.034 S12SEPT1 smartinez on DSK3GLQ082PROD with SENATE S5582 CONGRESSIONAL RECORD — SENATE September 12, 2016 At the end of title IV, add the following: amendment intended to be proposed to ADJOURNMENT UNTIL 10 A.M. SEC. 40ll. COLUMBIA RIVER FLOOD RISK. amendment SA 4979 proposed by Mr. TOMORROW (a) IN GENERAL.—The Secretary shall pre- MCCONNELL (for Mr. INHOFE (for him- pare a report that includes a cost estimate Mr. MCCONNELL. Mr. President, if self and Mrs. BOXER)) to the bill S. 2848, there is no further business to come be- and a proposed scope and schedule for assess- to provide for the conservation and de- ing the appropriate level of flood risk in the fore the Senate, I ask unanimous con- velopment of water and related re- sent that it stand adjourned under the Columbia River basin to ensure resiliency sources, to authorize the Secretary of and continuation of the multiple-purpose previous order. the Army to construct various projects benefits and economic viability provided by There being no objection, the Senate, for improvements to rivers and harbors the existing system of dams, reservoirs, and at 6:46 p.m., adjourned until Tuesday, of the United States, and for other pur- levees in the region. September 13, 2016, at 10 a.m. (b) CONSULTATION.—In preparing the report poses; which was ordered to lie on the under subsection (a), the Secretary— table; as follows: f (1) shall consult with— At the appropriate place, insert: (A) the heads of Federal agencies with re- It is the sense of Congress that— sponsibilities in the Columbia River basin; 1) State water quality standards that im- NOMINATIONS (B) the Governors of the States of Wash- pact the disposal of dredged material should ington, Oregon, Idaho, and Montana; and be developed collaboratively, with input Executive nominations received by (C) the heads of affected Columbia Basin from all relevant stakeholders; the Senate: Indian tribes in the region; and 2) Open-water disposal of dredged material CORPORATION FOR PUBLIC BROADCASTING should be reduced to the maximum extent (2) is encouraged to solicit input from the DAVID J. ARROYO, OF NEW YORK, TO BE A MEMBER OF public and other interested parties regarding practicable; THE BOARD OF DIRECTORS OF THE CORPORATION FOR the proposed scope and schedule. 3) Where practicable, the preference is for PUBLIC BROADCASTING FOR A TERM EXPIRING JANU- ARY 31, 2022. (REAPPOINTMENT) (c) LIMITATIONS.— disputes between states related to the dis- (1) IN GENERAL.—In preparing the report posal of dredged material and the protection POSTAL REGULATORY COMMISSION of water quality to be resolved between the under subsection (a), the Secretary shall not ROBERT G. TAUB, OF NEW YORK, TO BE A COMMIS- expend more than $3,000,000. states in accordance with regional plans and SIONER OF THE POSTAL REGULATORY COMMISSION FOR involving regional bodies. A TERM EXPIRING OCTOBER 14, 2022. (REAPPOINTMENT) (2) COST SHARE.—The report under sub- section (a) shall be prepared at full Federal f ADMINISTRATIVE CONFERENCE OF THE UNITED STATES expense. AUTHORITY FOR COMMITTEES TO (d) DEADLINE.—The report under sub- MATTHEW LEE WIENER, OF VIRGINIA, TO BE CHAIRMAN section (a) shall be completed— MEET OF THE ADMINISTRATIVE CONFERENCE OF THE UNITED COMMITTEE ON FOREIGN RELATIONS STATES FOR THE TERM OF FIVE YEARS, VICE PAUL R. (1) not earlier than 2 years after the date of VERKUIL, RESIGNED. enactment of this Act; and Mr. INHOFE. Mr. President, I ask IN THE NAVY (2) not later than 3 years after the date of unanimous consent that the Com- enactment of this Act. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT mittee on Foreign Relations be author- IN THE UNITED STATES NAVY TO THE GRADE INDICATED ized to meet during the session of the WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND SA 5059. Mr. SASSE (for himself, Mr. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Senate on September 12, 2016, at 5 p.m., COTTON, and Mr. MCCAIN) submitted an to hold a classified briefing entitled To be vice admiral amendment intended to be proposed by ‘‘The Failed Coup in Turkey and the REAR ADM. CHRISTOPHER W. GRADY him to the bill S. 2848, to provide for Future of U.S.-Turkish Cooperation. the conservation and development of The PRESIDING OFFICER. Without f water and related resources, to author- objection, it is so ordered. ize the Secretary of the Army to con- DISCHARGED NOMINATIONS struct various projects for improve- f ments to rivers and harbors of the SIGNING AUTHORITY The Senate Committee on Homeland United States, and for other purposes; Mr. MCCONNELL. Mr. President, I Security and Governmental Affairs was which was ordered to lie on the table; ask unanimous consent that the junior discharged from further consideration as follows: Senator from Nouth Carolina and the of the following nomination under the At the end, insert the following: senior Senator from Texas be granted authority of the order of the Senate of SEC. 8003. EXEMPTION FROM INDIVIDUAL MAN- signing authority for Monday, Sep- 01/07/2009 and the nomination was DATE PENALTY OF PARTICIPANTS IN tember 12, 2016. placed on the Executive Calendar: TERMINATED PLANS UNDER CON- The ACTING PRESIDENT pro tem- *SUSAN S. GIBSON, OF VIRGINIA, TO BE INSPECTOR SUMER OPERATED AND ORIENTED GENERAL OF THE NATIONAL RECONNAISSANCE OFFICE. PLAN PROGRAM. pore. Without objection, it is so or- (a) IN GENERAL.—Subsection (e) of section dered. The Senate Committee on Homeland 5000A of the Internal Revenue Code of 1986 is f Security and Governmental Affairs was amended by adding at the end the following discharged from further consideration new paragraph: ORDERS FOR TUESDAY, of the following nomination under the ‘‘(6) PARTICIPANTS IN CERTAIN TERMINATED SEPTEMBER 13, 2016 authority of the order of the Senate of CONSUMER OPERATED AND ORIENTED PLAN PRO- Mr. MCCONNELL. Mr. President, I 01/07/2009 and the nomination was GRAM PLANS.—Any applicable individual, if— ask unanimous consent that when the placed on the Executive Calendar: ‘‘(A) the individual was enrolled in a quali- Senate completes its business today, it fied health plan offered by a qualified non- *PEGGY E. GUSTAFSON, OF MARYLAND, TO BE INSPEC- adjourn until 10 a.m., Tuesday, Sep- TOR GENERAL, DEPARTMENT OF COMMERCE. profit health insurance issuer (as defined in subsection (c) of section 1322 of the Patient tember 13; that following the prayer *Nominee has committed to respond Protection and Affordable Care Act) receiv- and pledge, the morning hour be to requests to appear and testify before ing funds through the Consumer Operated deemed expired, the Journal of pro- any duly constituted committee of the and Oriented Plan program established under ceedings be approved to date, and the Senate. such section for such plan, and time for the two leaders be reserved for ‘‘(B) during any month while the indi- their use later in the day; further, that f vidual was so enrolled, such issuer termi- following leader remarks, the Senate nated or otherwise discontinued providing resume consideration of S. 2848; fur- WITHDRAWAL all plans of the issuer in the area in which ther, that the Senate recess from 12:30 the individual resides, p.m. until 2:15 p.m. to allow for the Executive Message transmitted by for such month and any subsequent month.’’. weekly conference meetings; finally, the President to the Senate on Sep- (b) EFFECTIVE DATE.—The amendment that all time during recess or adjourn- tember 12, 2016 withdrawing from fur- made by this section shall apply to months ther Senate consideration the fol- in taxable years beginning after December ment of the Senate count postcloture 31, 2013. on amendment No. 4979. lowing nomination: The ACTING PRESIDENT pro tem- BRODI L. FONTENOT, OF LOUISIANA, TO BE CHIEF FI- Mr. MURPHY (for himself NANCIAL OFFICER, DEPARTMENT OF THE TREASURY, SA 5060. pore. Without objection, it is so or- VICE DANIEL M. TANGHERLINI, RESIGNED, WHICH WAS and Mr. BLUMENTHAL) submitted an dered. SENT TO THE SENATE ON FEBRUARY 12, 2015.

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