Title III — Natural Resources

114th Congress · Approved Dec 16, 2016 · 130 Stat. 1628 · Lineage

TITLE III Natural Resources

Subtitle A Indian Dam Safety

SEC. 3101. Indian Dam Safety.

(a)

Definitions.— In this section:

(1)

Dam.—

(A)

In general.— The term “dam” has the meaning given the term in section 2 of the National Dam Safety Program Act (33 U.S.C. 467).

(B)

Inclusions.— The term “dam” includes any structure, facility, equipment, or vehicle used in connection with the operation of a dam.

(2)

Fund.— The term “Fund” means, as applicable—

(A)

the High-Hazard Indian Dam Safety Deferred Maintenance Fund established by subsection (b)(1)(A); or

(B)

the Low-Hazard Indian Dam Safety Deferred Maintenance Fund established by subsection (b)(2)(A).

(3)

High hazard potential dam.— The term “high hazard potential dam” means a dam assigned to the significant or high hazard potential classification under the guidelines published by the Federal Emergency Management Agency entitled “Federal Guidelines for Dam Safety: Hazard Potential Classification System for Dams” (FEMA Publication Number 333).

(4)

Indian tribe.— The term “Indian tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(5)

Low hazard potential dam.— The term “low hazard potential dam” means a dam assigned to the low hazard potential classification under the guidelines published by the Federal Emergency Management Agency entitled “Federal Guidelines for Dam Safety: Hazard Potential Classification System for Dams” (FEMA Publication Number 333).

(6)

Secretary.— The term “Secretary” means the Secretary of the Interior, acting through the Assistant Secretary for Indian Affairs, in consultation with the Secretary of the Army.

(b)

Indian Dam Safety Deferred Maintenance Funds.—

(1)

High-hazard fund.—

(A)

Establishment.— There is established in the Treasury of the United States a fund, to be known as the “High-Hazard Indian Dam Safety Deferred Maintenance Fund”, consisting of—

(i)

such amounts as are deposited in the Fund under subparagraph (B); and

(ii)

any interest earned on investment of amounts in the Fund under subparagraph (D).

(B)

Deposits to fund.—

(i)

In general.— For each of fiscal years 2017 through 2023, the Secretary of the Treasury shall deposit in the Fund $22,750,000 from the general fund of the Treasury.

(ii)

Availability of amounts.— Amounts deposited in the Fund under clause (i) shall be used, subject to appropriation, to carry out this section.

(C)

Expenditures from fund.—

(i)

In general.— Subject to clause (ii), for each of fiscal years 2017 through 2023, the Secretary may, to the extent provided in advance in appropriations Acts, expend from the Fund, in accordance with this section, not more than the sum of—

(I)

$22,750,000; and

(II)

the amount of interest accrued in the Fund.

(ii)

Additional expenditures.— The Secretary may expend more than $22,750,000 for any fiscal year referred to in clause (i) if the additional amounts are available in the Fund as a result of a failure of the Secretary to expend all of the amounts available under clause (i) in 1 or more prior fiscal years.

(D)

Investments of amounts.—

(i)

In general.— The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals.

(ii)

Credits to fund.— The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund.

(E)

Transfers of amounts.—

(i)

In general.— The amounts required to be transferred to the Fund under this paragraph shall be transferred at least monthly.

(ii)

Adjustments.— Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates are in excess of or less than the amounts required to be transferred.

(F)

Termination.— On September 30, 2023—

(i)

the Fund shall terminate; and

(ii)

the unexpended and unobligated balance of the Fund shall be transferred to the general fund of the Treasury.

(2)

Low-hazard fund.—

(A)

Establishment.— There is established in the Treasury of the United States a fund, to be known as the “Low-Hazard Indian Dam Safety Deferred Maintenance Fund”, consisting of—

(i)

such amounts as are deposited in the Fund under subparagraph (B); and

(ii)

any interest earned on investment of amounts in the Fund under subparagraph (D).

(B)

Deposits to fund.—

(i)

In general.— For each of fiscal years 2017 through 2023, the Secretary of the Treasury shall deposit in the Fund $10,000,000 from the general fund of the Treasury.

(ii)

Availability of amounts.— Amounts deposited in the Fund under clause (i) shall be used, subject to appropriation, to carry out this section.

(C)

Expenditures from fund.—

(i)

(I)

$10,000,000; and

(II)

the amount of interest accrued in the Fund.

(ii)

Additional expenditures.— The Secretary may expend more than $10,000,000 for any fiscal year referred to in clause (i) if the additional amounts are available in the Fund as a result of a failure of the Secretary to expend all of the amounts available under clause (i) in 1 or more prior fiscal years.

(D)

Investments of amounts.—

(i)

In general.— The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals.

(ii)

Credits to fund.— The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund.

(E)

Transfers of amounts.—

(i)

In general.— The amounts required to be transferred to the Fund under this paragraph shall be transferred at least monthly.

(ii)

Adjustments.— Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates are in excess of or less than the amounts required to be transferred.

(F)

Termination.— On September 30, 2023—

(i)

the Fund shall terminate; and

(ii)

the unexpended and unobligated balance of the Fund shall be transferred to the general fund of the Treasury.

(c)

Repair, Replacement, and Maintenance of Certain Indian Dams.—

(1)

Program establishment.—

(A)

In general.— The Secretary shall establish a program to address the deferred maintenance needs of Indian dams that—

(i)

create flood risks or other risks to public or employee safety or natural or cultural resources; and

(ii)

unduly impede the management and efficiency of Indian dams.

(B)

Funding.—

(i)

High-hazard fund.— Consistent with subsection (b)(1)(B), the Secretary shall use or transfer to the Bureau of Indian Affairs not less than $22,750,000 of amounts in the High-Hazard Indian Dam Safety Deferred Maintenance Fund, plus accrued interest, for each of fiscal years 2017 through 2023 to carry out maintenance, repair, and replacement activities for 1 or more of the Indian dams described in paragraph (2)(A).

(ii)

Low-hazard fund.— Consistent with subsection (b)(2)(B), the Secretary shall use or transfer to the Bureau of Indian Affairs not less than $10,000,000 of amounts in the Low-Hazard Indian Dam Safety Deferred Maintenance Fund, plus accrued interest, for each of fiscal years 2017 through 2023 to carry out maintenance, repair, and replacement activities for 1 or more of the Indian dams described in paragraph (2)(B).

(C)

Compliance with dam safety policies.— Maintenance, repair, and replacement activities for Indian dams under this section shall be carried out in accordance with the dam safety policies of the Director of the Bureau of Indian Affairs established to carry out the Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.).

(2)

Eligible dams.—

(A)

High hazard potential dams.— The dams eligible for funding under paragraph (1)(B)(i) are Indian high hazard potential dams in the United States that—

(i)

are included in the safety of dams program established pursuant to the Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.); and

(iii)

(I)

(aa)

are owned by the Federal Government, as listed in the Federal inventory required by Executive Order 13327 (40 U.S.C. 121 note; relating to Federal real property asset management); and

(bb)

are managed by the Bureau of Indian Affairs (including dams managed under contracts or compacts pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.)); or

(II)

have deferred maintenance documented by the Bureau of Indian Affairs.

(B)

Low hazard potential dams.— The dams eligible for funding under paragraph (1)(B)(ii) are Indian low hazard potential dams in the United States that, on the date of enactment of this Act—

(i)

are covered under the Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.); and

(ii)

(I)

(aa)

are owned by the Federal Government, as listed in the Federal inventory required by Executive Order 13327 (40 U.S.C. 121 note; relating to Federal real property asset management); and

(bb)

are managed by the Bureau of Indian Affairs (including dams managed under contracts or compacts pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.)); or

(II)

have deferred maintenance documented by the Bureau of Indian Affairs.

(3)

Requirements and conditions.— Not later than 120 days after the date of enactment of this Act and as a precondition to amounts being expended from the Fund to carry out this subsection, the Secretary, in consultation with representatives of affected Indian tribes, shall develop and submit to Congress—

(A)

programmatic goals to carry out this subsection that—

(i)

would enable the completion of repairing, replacing, improving, or performing maintenance on Indian dams as expeditiously as practicable, subject to the dam safety policies of the Director of the Bureau of Indian Affairs established to carry out the Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.);

(ii)

facilitate or improve the ability of the Bureau of Indian Affairs to carry out the mission of the Bureau of Indian Affairs in operating an Indian dam; and

(iii)

ensure that the results of government-to-government consultation required under paragraph (4) be addressed; and

(B)

funding prioritization criteria to serve as a methodology for distributing funds under this subsection that take into account—

(i)

the extent to which deferred maintenance of Indian dams poses a threat to—

(I)

public or employee safety or health;

(II)

natural or cultural resources; or

(III)

the ability of the Bureau of Indian Affairs to carry out the mission of the Bureau of Indian Affairs in operating an Indian dam;

(ii)

the extent to which repairing, replacing, improving, or performing maintenance on an Indian dam will—

(I)

improve public or employee safety, health, or accessibility;

(II)

assist in compliance with codes, standards, laws, or other requirements;

(III)

address unmet needs; or

(IV)

assist in protecting natural or cultural resources;

(iii)

the methodology of the rehabilitation priority index of the Secretary, as in effect on the date of enactment of this Act;

(iv)

the potential economic benefits of the expenditures on job creation and general economic development in the affected tribal communities;

(v)

the ability of an Indian dam to address tribal, regional, and watershed level flood prevention needs;

(vi)

the need to comply with the dam safety policies of the Director of the Bureau of Indian Affairs established to carry out the Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.);

(vii)

the ability of the water storage capacity of an Indian dam to be increased to prevent flooding in downstream tribal and nontribal communities; and

(viii)

such other factors as the Secretary determines to be appropriate to prioritize the use of available funds that are, to the fullest extent practicable, consistent with tribal and user recommendations received pursuant to the consultation and input process under paragraph (4).

(4)

Tribal consultation and user input.—

(A)

In general.— Except as provided in subparagraph (B), before expending funds on an Indian dam pursuant to paragraph (1) and not later than 60 days after the date of enactment of this Act, the Secretary shall—

(i)

consult with the Director of the Bureau of Indian Affairs on the expenditure of funds;

(ii)

ensure that the Director of the Bureau of Indian Affairs advises the Indian tribe that has jurisdiction over the land on which a dam eligible to receive funding under paragraph (2) is located on the expenditure of funds; and

(iii)

solicit and consider the input, comments, and recommendations of the landowners served by the Indian dam.

(B)

Emergencies.— If the Secretary determines that an emergency circumstance exists with respect to an Indian dam, subparagraph (A) shall not apply with respect to that Indian dam.

(5)

Allocation among dams.—

(A)

In general.— Subject to subparagraph (B), to the maximum extent practicable, the Secretary shall ensure that, for each of fiscal years 2017 through 2023, each Indian dam eligible for funding under paragraph (2) that has critical maintenance needs receives part of the funding under paragraph (1) to address critical maintenance needs.

(B)

Priority.— In allocating amounts under paragraph (1)(B), in addition to considering the funding priorities described in paragraph (3), the Secretary shall give priority to Indian dams eligible for funding under paragraph (2) that serve—

(i)

more than 1 Indian tribe within an Indian reservation; or

(ii)

highly populated Indian communities, as determined by the Secretary.

(C)

Cap on funding.—

(i)

In general.— Subject to clause (ii), in allocating amounts under paragraph (1)(B), the Secretary shall allocate not more than $10,000,000 to any individual dam described in paragraph (2) during any consecutive 3-year period.

(ii)

Exception.— Notwithstanding the cap described in clause (i), if the full amount under paragraph (1)(B) cannot be fully allocated to eligible Indian dams because the costs of the remaining activities authorized in paragraph (1)(B) of an Indian dam would exceed the cap described in clause (i), the Secretary may allocate the remaining funds to eligible Indian dams in accordance with this subsection.

(D)

Basis of funding.— Any amounts made available under this paragraph shall be nonreimbursable.

(E)

Applicability of isdeaa.— The Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) shall apply to activities carried out under this paragraph.

(d)

Tribal Safety of Dams Committee.—

(1)

Establishment of committee.—

(A)

Establishment.— The Secretary of the Interior shall establish within the Bureau of Indian Affairs the Tribal Safety of Dams Committee (referred to in this paragraph as the “Committee”).

(B)

Membership.—

(i)

Composition.— The Committee shall be composed of 15 members, of whom—

(I)

11 shall be appointed by the Secretary of the Interior from among individuals who, to the maximum extent practicable, have knowledge and expertise in dam safety issues and flood prevention and mitigation, of whom not less than 1 shall be a member of an Indian tribe in each of the Bureau of Indian Affairs regions of—

(aa)

the Northwest Region;

(bb)

the Pacific Region;

(cc)

the Western Region;

(dd)

the Navajo Region;

(ee)

the Southwest Region;

(ff)

the Rocky Mountain Region;

(gg)

the Great Plans Region; and

(hh)

the Midwest Region;

(II)

2 shall be appointed by the Secretary of the Interior from among employees of the Bureau of Indian Affairs who have knowledge and expertise in dam safety issues and flood prevention and mitigation;

(III)

1 shall be appointed by the Secretary of the Interior from among employees of the Bureau of Reclamation who have knowledge and expertise in dam safety issues and flood prevention and mitigation; and

(IV)

1 shall be appointed by the Secretary of the Army from among employees of the Corps of Engineers who have knowledge and expertise in dam safety issues and flood prevention and mitigation.

(ii)

Nonvoting members.— The members of the Committee appointed under subclauses (II) and (III) of clause (i) shall be nonvoting members.

(iii)

Date.— The appointments of the members of the Committee shall be made as soon as practicable after the date of enactment of this Act.

(C)

Period of appointment.— Members shall be appointed for the life of the Committee.

(D)

Vacancies.— Any vacancy in the Committee shall not affect the powers of the Committee, but shall be filled in the same manner as the original appointment.

(E)

Initial meeting.— Not later than 30 days after the date on which all members of the Committee have been appointed, the Committee shall hold the first meeting.

(F)

Meetings.— The Committee shall meet at the call of the Chairperson.

(G)

Quorum.— A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold hearings.

(H)

Chairperson and vice chairperson.— The Committee shall select a Chairperson and Vice Chairperson from among the members.

(2)

Duties of the committee.—

(A)

Study.— The Committee shall conduct a thorough study of all matters relating to the modernization of the Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.).

(B)

Recommendations.— The Committee shall develop recommendations for legislation to improve the Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.).

(C)

Report.— Not later than 1 year after the date on which the Committee holds the first meeting, the Committee shall submit a report containing a detailed statement of the findings and conclusions of the Committee, together with recommendations for legislation that the Committee considers appropriate, to—

(i)

the Committee on Indian Affairs of the Senate; and

(ii)

the Committee on Natural Resources of the House of Representatives.

(3)

Powers of the committee.—

(A)

Hearings.— The Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers appropriate to carry out this paragraph.

(B)

Information from federal agencies.—

(i)

In general.— The Committee may secure directly from any Federal department or agency such information as the Committee considers necessary to carry out this paragraph.

(ii)

Request.— On request of the Chairperson of the Committee, the head of any Federal department or agency shall furnish information described in clause (i) to the Committee.

(C)

Postal services.— The Committee may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.

(D)

Gifts.— The Committee may accept, use, and dispose of gifts or donations of services or property.

(4)

Committee personnel matters.—

(A)

Compensation of members.—

(i)

Non-federal members.— Each member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee.

(ii)

Federal members.— Each member of the Committee who is an officer or employee of the Federal Government shall serve without compensation in addition to that received for services as an officer or employee of the Federal Government.

(B)

Travel expenses.— The members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee.

(C)

Staff.—

(i)

In general.—

(I)

Appointment.— The Chairperson of the Committee may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform the duties of the Committee.

(II)

Confirmation.— The employment of an executive director shall be subject to confirmation by the Committee.

(ii)

Compensation.— The Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title.

(D)

Detail of government employees.— Any Federal Government employee may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.

(E)

Procurement of temporary and intermittent services.— The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title.

(5)

Termination of the committee.— The Committee shall terminate 90 days after the date on which the Committee submits the report under paragraph (2)(C).

(6)

Funding.— Of the amounts authorized to be expended from either Fund, $1,000,000 shall be made available from either Fund during fiscal year 2017 to carry out this subsection, to remain available until expended.

(e)

Indian Dam Surveys.—

(1)

Tribal reports.— The Secretary shall request that, not less frequently than once every 180 days, each Indian tribe submit to the Secretary a report providing an inventory of the dams located on the land of the Indian tribe.

(2)

BIA reports.— Not less frequently than once each year, the Secretary shall submit to Congress a report describing the condition of each dam under the partial or total jurisdiction of the Secretary.

(f)

Flood Plain Management Pilot Program.—

(1)

Establishment.— The Secretary shall establish, within the Bureau of Indian Affairs, a flood plain management pilot program (referred to in this subsection as the “program”) to provide, at the request of an Indian tribe, guidance to the Indian tribe relating to best practices for the mitigation and prevention of floods, including consultation with the Indian tribe on—

(A)

flood plain mapping; or

(B)

new construction planning.

(2)

Termination.— The program shall terminate on the date that is 4 years after the date of enactment of this Act.

(3)

Funding.— Of the amounts authorized to be expended from either Fund, $250,000 shall be made available from either Fund during each of fiscal years 2017, 2018, and 2019 to carry out this subsection, to remain available until expended.

Subtitle B Irrigation Rehabilitation and Renovation for Indian Tribal Governments and Their Economies

SEC. 3201. Definitions.

In this subtitle:

(1)

Deferred maintenance.— The term “deferred maintenance” means any maintenance activity that was delayed to a future date, in lieu of being carried out at the time at which the activity was scheduled to be, or otherwise should have been, carried out.

(2)

Fund.— The term “Fund” means the Indian Irrigation Fund established by section 3211.

(3)

Indian tribe.— The term “Indian tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(4)

Secretary.— The term “Secretary” means the Secretary of the Interior.

PART I Indian Irrigation Fund

SEC. 3211. Establishment.

There is established in the Treasury of the United States a fund, to be known as the “Indian Irrigation Fund”, consisting of—

(1)

such amounts as are deposited in the Fund under section 3212; and

(2)

any interest earned on investment of amounts in the Fund under section 3214.

SEC. 3212. Deposits to Fund.

(a)

In General.— For each of fiscal years 2017 through 2021, the Secretary of the Treasury shall deposit in the Fund $35,000,000 from the general fund of the Treasury.

(b)

Availability of Amounts.— Amounts deposited in the Fund under subsection (a) shall be used, subject to appropriation, to carry out this subtitle.

SEC. 3213. Expenditures from Fund.

(a)

In General.— Subject to subsection (b), for each of fiscal years 2017 through 2021, the Secretary may, to the extent provided in advance in appropriations Acts, expend from the Fund, in accordance with this subtitle, not more than the sum of—

(1)

$35,000,000; and

(2)

the amount of interest accrued in the Fund.

(b)

Additional Expenditures.— The Secretary may expend more than $35,000,000 for any fiscal year referred to in subsection (a) if the additional amounts are available in the Fund as a result of a failure of the Secretary to expend all of the amounts available under subsection (a) in 1 or more prior fiscal years.

SEC. 3214. Investments of Amounts.

(a)

In General.— The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals.

(b)

Credits to Fund.— The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund.

SEC. 3215. Transfers of Amounts.

(a)

In General.— The amounts required to be transferred to the Fund under this part shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.

(b)

Adjustments.— Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates are in excess of or less than the amounts required to be transferred.

SEC. 3216. Termination.

On September 30, 2021—

(1)

the Fund shall terminate; and

(2)

the unexpended and unobligated balance of the Fund shall be transferred to the general fund of the Treasury.

PART II Repair, Replacement, and Maintenance of Certain Indian Irrigation Projects

SEC. 3221. Repair, Replacement, and Maintenance of Certain Indian Irrigation Projects.

(a)

In General.— The Secretary shall establish a program to address the deferred maintenance needs and water storage needs of Indian irrigation projects that—

(1)

create risks to public or employee safety or natural or cultural resources; and

(2)

unduly impede the management and efficiency of the Indian irrigation program.

(b)

Funding.— Consistent with section 3213, the Secretary shall use or transfer to the Bureau of Indian Affairs not less than $35,000,000 of amounts in the Fund, plus accrued interest, for each of fiscal years 2017 through 2021 to carry out maintenance, repair, and replacement activities for 1 or more of the Indian irrigation projects described in section 3222 (including any structures, facilities, equipment, personnel, or vehicles used in connection with the operation of those projects), subject to the condition that the funds expended under this part shall not be—

(1)

subject to reimbursement by the owners of the land served by the Indian irrigation projects; or

(2)

assessed as debts or liens against the land served by the Indian irrigation projects.

SEC. 3222. Eligible Projects.

The projects eligible for funding under section 3221(b) are the Indian irrigation projects in the western United States that, on the date of enactment of this Act—

(1)

are owned by the Federal Government, as listed in the Federal inventory required by Executive Order 13327 (40 U.S.C. 121 note; relating to Federal real property asset management);

(2)

are managed and operated by the Bureau of Indian Affairs (including projects managed, operated, or maintained under contracts or compacts pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.); and

(3)

have deferred maintenance documented by the Bureau of Indian Affairs.

SEC. 3223. Requirements and Conditions.

Not later than 120 days after the date of enactment of this Act and as a precondition to amounts being expended from the Fund to carry out this part, the Secretary, in consultation with the Assistant Secretary for Indian Affairs and representatives of affected Indian tribes, shall develop and submit to Congress—

(1)

programmatic goals to carry out this part that—

(A)

would enable the completion of repairing, replacing, modernizing, or performing maintenance on projects as expeditiously as practicable;

(B)

facilitate or improve the ability of the Bureau of Indian Affairs to carry out the mission of the Bureau of Indian Affairs in operating a project;

(C)

ensure that the results of government-to-government consultation required under section 3225 be addressed; and

(D)

would facilitate the construction of new water storage using non-Federal contributions to address tribal, regional, and watershed-level supply needs; and

(2)

funding prioritization criteria to serve as a methodology for distributing funds under this part, that take into account—

(A)

the extent to which deferred maintenance of qualifying irrigation projects poses a threat to public or employee safety or health;

(B)

the extent to which deferred maintenance poses a threat to natural or cultural resources;

(C)

the extent to which deferred maintenance poses a threat to the ability of the Bureau of Indian Affairs to carry out the mission of the Bureau of Indian Affairs in operating the project;

(D)

the extent to which repairing, replacing, modernizing, or performing maintenance on a facility or structure will—

(i)

improve public or employee safety, health, or accessibility;

(ii)

assist in compliance with codes, standards, laws, or other requirements;

(iii)

address unmet needs; and

(iv)

assist in protecting natural or cultural resources;

(E)

the methodology of the rehabilitation priority index of the Secretary, as in effect on the date of enactment of this Act;

(F)

the potential economic benefits of the expenditures on job creation and general economic development in the affected tribal communities;

(G)

the ability of the qualifying project to address tribal, regional, and watershed level water supply needs; and

(H)

SEC. 3224. Study of Indian Irrigation Program and Project Management.

(a)

Tribal Consultation and User Input.— Before beginning to conduct the study required under subsection (b), the Secretary shall—

(1)

consult with the Indian tribes that have jurisdiction over the land on which an irrigation project eligible to receive funding under section 3222 is located; and

(2)

solicit and consider the input, comments, and recommendations of—

(A)

the landowners served by the irrigation project; and

(B)

irrigators from adjacent irrigation districts.

(b)

Study.— Not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Assistant Secretary for Indian Affairs, shall complete a study that evaluates options for improving programmatic and project management and performance of irrigation projects managed and operated in whole or in part by the Bureau of Indian Affairs.

(c)

Report.— On completion of the study under subsection (b), the Secretary, acting through the Assistant Secretary for Indian Affairs, shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report that—

(1)

describes the results of the study;

(2)

determines the cost to financially sustain each project;

(3)

recommends whether management of each project could be improved by transferring management responsibilities to other Federal agencies or water user groups; and

(4)

includes recommendations for improving programmatic and project management and performance—

(A)

in each qualifying project area; and

(B)

for the program as a whole.

(d)

Status Report.— Not later than 2 years after the date of enactment of this Act, and not less frequently than every 2 years thereafter (until the end of fiscal year 2021), the Secretary, acting through the Assistant Secretary for Indian Affairs, shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes a description of—

(1)

the progress made toward addressing the deferred maintenance needs of the Indian irrigation projects described in section 3222, including a list of projects funded during the fiscal period covered by the report;

(2)

the outstanding needs of those projects that have been provided funding to address the deferred maintenance needs pursuant to this part;

(3)

the remaining needs of any of those projects;

(4)

how the goals established pursuant to section 3223 have been met, including—

(A)

an identification and assessment of any deficiencies or shortfalls in meeting those goals; and

(B)

a plan to address the deficiencies or shortfalls in meeting those goals; and

(5)

any other subject matters the Secretary, to the maximum extent practicable consistent with tribal and user recommendations received pursuant to the consultation and input process under section 3225, determines to be appropriate.

SEC. 3225. Tribal Consultation and User Input.

Before expending funds on an Indian irrigation project pursuant to section 3221 and not later than 120 days after the date of enactment of this Act, the Secretary shall—

(1)

consult with the Indian tribe that has jurisdiction over the land on which an irrigation project eligible to receive funding under section 3222 is located; and

(2)

solicit and consider the input, comments, and recommendations of—

(A)

the landowners served by the irrigation project; and

(B)

irrigators from adjacent irrigation districts.

SEC. 3226. Allocation Among Projects.

(a)

In General.— Subject to subsection (b), to the maximum extent practicable, the Secretary shall ensure that, for each of fiscal years 2017 through 2021, each Indian irrigation project eligible for funding under section 3222 that has critical maintenance needs receives part of the funding under section 3221 to address critical maintenance needs.

(b)

Priority.— In allocating amounts under section 3221(b), in addition to considering the funding priorities described in section 3223, the Secretary shall give priority to eligible Indian irrigation projects serving more than 1 Indian tribe within an Indian reservation and to projects for which funding has not been made available during the 10-year period ending on the day before the date of enactment of this Act under any other Act of Congress that expressly identifies the Indian irrigation project or the Indian reservation of the project to address the deferred maintenance, repair, or replacement needs of the Indian irrigation project.

(c)

Cap on Funding.—

(1)

In general.— Subject to paragraph (2), in allocating amounts under section 3221(b), the Secretary shall allocate not more than $15,000,000 to any individual Indian irrigation project described in section 3222 during any consecutive 3-year period.

(2)

Exception.— Notwithstanding the cap described in paragraph (1), if the full amount under section 3221(b) cannot be fully allocated to eligible Indian irrigation projects because the costs of the remaining activities authorized in section 3221(b) of an irrigation project would exceed the cap described in paragraph (1), the Secretary may allocate the remaining funds to eligible Indian irrigation projects in accordance with this part.

(d)

Basis of Funding.— Any amounts made available under this section shall be nonreimbursable.

(e)

Applicability of Isdeaa.— The Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) shall apply to activities carried out under this section.

Subtitle C Weber Basin Prepayments

SEC. 3301. Prepayment of Certain Repayment Obligations under Contracts Between the United States and the Weber Basin Water Conservancy District.

The Secretary of the Interior shall allow for prepayment of repayment obligations under Repayment Contract No. 14–06–400–33 between the United States and the Weber Basin Water Conservancy District, dated December 12, 1952, and supplemented and amended on June 30, 1961, on April 15, 1966, on September 20, 1968, and on May 9, 1985, including future amendments and all related applicable contracts thereto, providing for repayment of Weber Basin Project construction costs allocated to irrigation and municipal and industrial purposes for which repayment is provided pursuant to such contracts under terms and conditions similar to those used in implementing the prepayment provisions in section 210 of the Central Utah Project Completion Act (Public Law 102–575), as amended, for prepayment of Central Utah Project, Bonneville Unit repayment obligations. The prepayment—

(1)

shall result in the United States recovering the net present value of all repayment streams that would have been payable to the United States if this Act was not in effect;

(2)

may be provided in several installments;

(3)

may not be adjusted on the basis of the type of prepayment financing used by the District; and

(4)

shall be made such that total repayment is made not later than September 30, 2026.

Subtitle D Pechanga Water Rights Settlement

SEC. 3401. Short Title.

This subtitle may be cited as the “Pechanga Band of Luiseño Mission Indians Water Rights Settlement Act”.

SEC. 3402. Purposes.

The purposes of this subtitle are—

(1)

to achieve a fair, equitable, and final settlement of claims to water rights and certain claims for injuries to water rights in the Santa Margarita River Watershed for—

(A)

the Band; and

(B)

the United States, acting in its capacity as trustee for the Band and Allottees;

(2)

to achieve a fair, equitable, and final settlement of certain claims by the Band and Allottees against the United States;

(3)

to authorize, ratify, and confirm the Pechanga Settlement Agreement to be entered into by the Band, RCWD, and the United States;

(4)

to authorize and direct the Secretary—

(A)

to execute the Pechanga Settlement Agreement; and

(B)

to take any other action necessary to carry out the Pechanga Settlement Agreement in accordance with this subtitle; and

(5)

to authorize the appropriation of amounts necessary for the implementation of the Pechanga Settlement Agreement and this subtitle.

SEC. 3403. Definitions.

In this subtitle:

(1)

Adjudication court.— The term “Adjudication Court” means the United States District Court for the Southern District of California, which exercises continuing jurisdiction over the Adjudication Proceeding.

(2)

Adjudication proceeding.— The term “Adjudication Proceeding” means litigation initiated by the United States regarding relative water rights in the Santa Margarita River Watershed in United States v. Fallbrook Public Utility District et al., Civ. No. 3:51–cv–01247 (S.D.C.A.), including any litigation initiated to interpret or enforce the relative water rights in the Santa Margarita River Watershed pursuant to the continuing jurisdiction of the Adjudication Court over the Fallbrook Decree.

(3)

Allottee.— The term “Allottee” means an individual who holds a beneficial real property interest in an Indian allotment that is—

(A)

located within the Reservation; and

(B)

held in trust by the United States.

(4)

Band.— The term “Band” means Pechanga Band of Luiseño Mission Indians, a federally recognized sovereign Indian tribe that functions as a custom and tradition Indian tribe, acting on behalf of itself and its members, but not acting on behalf of members in their capacities as Allottees.

(5)

Claims.— The term “claims” means rights, claims, demands, actions, compensation, or causes of action, whether known or unknown.

(6)

EMWD.— The term “EMWD” means Eastern Municipal Water District, a municipal water district organized and existing in accordance with the Municipal Water District Law of 1911, Division 20 of the Water Code of the State of California, as amended.

(7)

EMWD connection fee.— The term “EMWD Connection Fee” has the meaning set forth in the Extension of Service Area Agreement.

(8)

Enforceability date.— The term “enforceability date” means the date on which the Secretary publishes in the Federal Register the statement of findings described in section 3407(e).

(9)

ESAA capacity agreement.— The term “ESAA Capacity Agreement” means the “ESAA Capacity Agreement”, among the Band, RCWD, and the United States.

(10)

ESAA water.— The term “ESAA Water” means imported potable water that the Band receives from EMWD and MWD pursuant to the Extension of Service Area Agreement and delivered by RCWD pursuant to the ESAA Water Delivery Agreement.

(11)

ESAA water delivery agreement.— The term “ESAA Water Delivery Agreement” means the agreement among EMWD, RCWD, and the Band, establishing the terms and conditions of water service to the Band.

(12)

Extension of service area agreement.— The term “Extension of Service Area Agreement” means the “Extension of Service Area Agreement”, among the Band, EMWD, and MWD, for the provision of water service by EMWD to a designated portion of the Reservation using water supplied by MWD.

(13)

Fallbrook decree.—

(A)

In general.— The term “Fallbrook Decree” means the “Modified Final Judgment And Decree”, entered in the Adjudication Proceeding on April 6, 1966.

(B)

Inclusions.— The term “Fallbrook Decree” includes all court orders, interlocutory judgments, and decisions supplemental to the “Modified Final Judgment And Decree”, including Interlocutory Judgment No. 30, Interlocutory Judgment No. 35, and Interlocutory Judgment No. 41.

(14)

Fund.— The term “Fund” means the Pechanga Settlement Fund established by section 3409.

(15)

Indian tribe.— The term “Indian tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(16)

Injury to water rights.— The term “injury to water rights” means an interference with, diminution of, or deprivation of water rights under Federal or State law.

(17)

Interim capacity.— The term “Interim Capacity” has the meaning set forth in the ESAA Capacity Agreement.

(18)

Interim capacity notice.— The term “Interim Capacity Notice” has the meaning set forth in the ESAA Capacity Agreement.

(19)

Interlocutory judgment no. 41.— The term “Interlocutory Judgment No. 41” means Interlocutory Judgment No. 41 issued in the Adjudication Proceeding on November 8, 1962, including all court orders, judgments, and decisions supplemental to that interlocutory judgment.

(20)

MWD.— The term “MWD” means the Metropolitan Water District of Southern California, a metropolitan water district organized and incorporated under the Metropolitan Water District Act of the State of California (Stats. 1969, Chapter 209, as amended).

(21)

MWD connection fee.— The term “MWD Connection Fee” has the meaning set forth in the Extension of Service Area Agreement.

(22)

Pechanga esaa delivery capacity account.— The term “Pechanga ESAA Delivery Capacity account” means the account established by section 3409(c)(2).

(23)

Pechanga recycled water infrastructure account.— The term “Pechanga Recycled Water Infrastructure account” means the account established by section 3409(c)(1).

(24)

Pechanga settlement agreement.— The term “Pechanga Settlement Agreement” means the Pechanga Settlement Agreement, dated April 8, 2016, together with the exhibits to that agreement, entered into by the Band, the United States on behalf of the Band, its members and Allottees, MWD, EMWD, and RCWD, including—

(A)

the Extension of Service Area Agreement;

(B)

the ESAA Capacity Agreement; and

(C)

the ESAA Water Delivery Agreement.

(25)

Pechanga water code.— The term “Pechanga Water Code” means a water code to be adopted by the Band in accordance with section 3405(f).

(26)

Pechanga water fund account.— The term “Pechanga Water Fund account” means the account established by section 3409(c)(3).

(27)

Pechanga water quality account.— The term “Pechanga Water Quality account” means the account established by section 3409(c)(4).

(28)

Permanent capacity.— The term “Permanent Capacity” has the meaning set forth in the ESAA Capacity Agreement.

(29)

Permanent capacity notice.— The term “Permanent Capacity Notice” has the meaning set forth in the ESAA Capacity Agreement.

(30)

RCWD.—

(A)

In general.— The term “RCWD” means the Rancho California Water District organized pursuant to section 34000 et seq. of the California Water Code.

(B)

Inclusions.— The term “RCWD” includes all real property owners for whom RCWD acts as an agent pursuant to an agency agreement.

(31)

Recycled water infrastructure agreement.— The term “Recycled Water Infrastructure Agreement” means the “Recycled Water Infrastructure Agreement” among the Band, RCWD, and the United States.

(32)

Recycled water transfer agreement.— The term “Recycled Water Transfer Agreement” means the “Recycled Water Transfer Agreement” between the Band and RCWD.

(33)

Reservation.—

(A)

In general.— The term “Reservation” means the land depicted on the map attached to the Pechanga Settlement Agreement as Exhibit I.

(B)

Applicability of term.— The term “Reservation” shall be used solely for the purposes of the Pechanga Settlement Agreement, this subtitle, and any judgment or decree issued by the Adjudication Court approving the Pechanga Settlement Agreement.

(34)

Santa margarita river watershed.— The term “Santa Margarita River Watershed” means the watershed that is the subject of the Adjudication Proceeding and the Fallbrook Decree.

(35)

Secretary.— The term “Secretary” means the Secretary of the Interior.

(36)

State.— The term “State” means the State of California.

(37)

Storage pond.— The term “Storage Pond” has the meaning set forth in the Recycled Water Infrastructure Agreement.

(38)

Tribal water right.— The term “Tribal Water Right” means the water rights ratified, confirmed, and declared to be valid for the benefit of the Band and Allottees, as set forth and described in section 3405.

SEC. 3404. Approval of the Pechanga Settlement Agreement.

(a)

Ratification of Pechanga Settlement Agreement.—

(1)

In general.— Except as modified by this subtitle, and to the extent that the Pechanga Settlement Agreement does not conflict with this subtitle, the Pechanga Settlement Agreement is authorized, ratified, and confirmed.

(2)

Amendments.— Any amendment to the Pechanga Settlement Agreement is authorized, ratified, and confirmed, to the extent that the amendment is executed to make the Pechanga Settlement Agreement consistent with this subtitle.

(b)

Execution of Pechanga Settlement Agreement.—

(1)

In general.— To the extent that the Pechanga Settlement Agreement does not conflict with this subtitle, the Secretary is directed to and promptly shall execute—

(A)

the Pechanga Settlement Agreement (including any exhibit to the Pechanga Settlement Agreement requiring the signature of the Secretary); and

(B)

any amendment to the Pechanga Settlement Agreement necessary to make the Pechanga Settlement Agreement consistent with this subtitle.

(2)

Modifications.— Nothing in this subtitle precludes the Secretary from approving modifications to exhibits to the Pechanga Settlement Agreement not inconsistent with this subtitle, to the extent those modifications do not otherwise require congressional approval pursuant to section 2116 of the Revised Statutes (25 U.S.C. 177) or other applicable Federal law.

(c)

Environmental Compliance.—

(1)

In general.— In implementing the Pechanga Settlement Agreement, the Secretary shall promptly comply with all applicable requirements of—

(A)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(B)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(C)

all other applicable Federal environmental laws; and

(D)

all regulations promulgated under the laws described in subparagraphs (A) through (C).

(2)

Execution of the pechanga settlement agreement.—

(A)

In general.— Execution of the Pechanga Settlement Agreement by the Secretary under this section shall not constitute a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(B)

Compliance.— The Secretary is directed to carry out all Federal compliance necessary to implement the Pechanga Settlement Agreement.

(3)

Lead agency.— The Bureau of Reclamation shall be designated as the lead agency with respect to environmental compliance.

SEC. 3405. Tribal Water Right.

(a)

Intent of Congress.— It is the intent of Congress to provide to each Allottee benefits that are equal to or exceed the benefits Allottees possess as of the date of enactment of this Act, taking into consideration—

(1)

the potential risks, cost, and time delay associated with litigation that would be resolved by the Pechanga Settlement Agreement and this subtitle;

(2)

the availability of funding under this subtitle;

(3)

the availability of water from the Tribal Water Right and other water sources as set forth in the Pechanga Settlement Agreement; and

(4)

the applicability of section 7 of the Act of February 8, 1887 (25 U.S.C. 381), and this subtitle to protect the interests of Allottees.

(b)

Confirmation of Tribal Water Right.—

(1)

In general.— A Tribal Water Right of up to 4,994 acre-feet of water per year that, under natural conditions, is physically available on the Reservation is confirmed in accordance with the Findings of Fact and Conclusions of Law set forth in Interlocutory Judgment No. 41, as affirmed by the Fallbrook Decree.

(2)

Use.— Subject to the terms of the Pechanga Settlement Agreement, this subtitle, the Fallbrook Decree, and applicable Federal law, the Band may use the Tribal Water Right for any purpose on the Reservation.

(c)

Holding in Trust.— The Tribal Water Right, as set forth in subsection (b), shall—

(1)

be held in trust by the United States on behalf of the Band and the Allottees in accordance with this section;

(2)

include the priority dates described in Interlocutory Judgment No. 41, as affirmed by the Fallbrook Decree; and

(3)

not be subject to forfeiture or abandonment.

(d)

Allottees.—

(1)

Applicability of act of february 8, 1887.— The provisions of section 7 of the Act of February 8, 1887 (25 U.S.C. 381), relating to the use of water for irrigation purposes shall apply to the Tribal Water Right.

(2)

Entitlement to water.— Any entitlement to water of an Allottee under Federal law shall be satisfied from the Tribal Water Right.

(3)

Allocations.— Allotted land located within the exterior boundaries of the Reservation shall be entitled to a just and equitable allocation of water for irrigation and domestic purposes from the Tribal Water Right.

(4)

Exhaustion of remedies.— Before asserting any claim against the United States under section 7 of the Act of February 8, 1887 (25 U.S.C. 381), or any other applicable law, an Allottee shall exhaust remedies available under the Pechanga Water Code or other applicable tribal law.

(5)

Claims.— Following exhaustion of remedies available under the Pechanga Water Code or other applicable tribal law, an Allottee may seek relief under section 7 of the Act of February 8, 1887 (25 U.S.C. 381), or other applicable law.

(6)

Authority.— The Secretary shall have the authority to protect the rights of Allottees as specified in this section.

(e)

Authority of Band.—

(1)

In general.— Except as provided in paragraph (2), the Band shall have authority to use, allocate, distribute, and lease the Tribal Water Right on the Reservation in accordance with—

(A)

the Pechanga Settlement Agreement; and

(B)

applicable Federal law.

(2)

Leases by allottees.—

(A)

In general.— An Allottee may lease any interest in land held by the Allottee, together with any water right determined to be appurtenant to that interest in land.

(B)

Water right appurtenant.— Any water right determined to be appurtenant to an interest in land leased by an Allottee shall be used on such land on the Reservation.

(f)

Pechanga Water Code.—

(1)

In general.— Not later than 18 months after the enforceability date, the Band shall enact a Pechanga Water Code, that provides for—

(A)

the management, regulation, and governance of all uses of the Tribal Water Right in accordance with the Pechanga Settlement Agreement; and

(B)

establishment by the Band of conditions, permit requirements, and other limitations relating to the storage, recovery, and use of the Tribal Water Right in accordance with the Pechanga Settlement Agreement.

(2)

Inclusions.— Subject to the approval of the Secretary, the Pechanga Water Code shall provide—

(A)

that allocations of water to Allottees shall be satisfied with water from the Tribal Water Right;

(B)

that charges for delivery of water for irrigation purposes for Allottees shall be assessed on a just and equitable basis;

(C)

a process by which an Allottee may request that the Band provide water for irrigation or domestic purposes in accordance with this subtitle;

(D)

a due process system for the consideration and determination by the Band of any request by an Allottee (or any successor in interest to an Allottee) for an allocation of such water for irrigation or domestic purposes on allotted land, including a process for—

(i)

appeal and adjudication of any denied or disputed distribution of water; and

(ii)

resolution of any contested administrative decision; and

(E)

a requirement that any Allottee with a claim relating to the enforcement of rights of the Allottee under the Pechanga Water Code or relating to the amount of water allocated to land of the Allottee must first exhaust remedies available to the Allottee under tribal law and the Pechanga Water Code before initiating an action against the United States or petitioning the Secretary pursuant to subsection (d)(4).

(3)

Action by secretary.—

(A)

In general.— The Secretary shall administer the Tribal Water Right until the Pechanga Water Code is enacted and approved under this section.

(B)

Approval.— Any provision of the Pechanga Water Code and any amendment to the Pechanga Water Code that affects the rights of Allottees—

(i)

shall be subject to the approval of the Secretary; and

(ii)

shall not be valid until approved by the Secretary.

(C)

Approval period.— The Secretary shall approve or disapprove the Pechanga Water Code within a reasonable period of time after the date on which the Band submits the Pechanga Water Code to the Secretary for approval.

(g)

Effect.— Except as otherwise specifically provided in this section, nothing in this subtitle—

(1)

authorizes any action by an Allottee against any individual or entity, or against the Band, under Federal, State, tribal, or local law; or

(2)

alters or affects the status of any action pursuant to section 1491(a) of title 28, United States Code.

SEC. 3406. Satisfaction of Claims.

(a)

In General.— The benefits provided to the Band under the Pechanga Settlement Agreement and this subtitle shall be in complete replacement of, complete substitution for, and full satisfaction of all claims of the Band against the United States that are waived and released pursuant to section 3407.

(b)

Allottee Claims.— The benefits realized by the Allottees under this subtitle shall be in complete replacement of, complete substitution for, and full satisfaction of—

(1)

all claims that are waived and released pursuant to section 3407; and

(2)

any claims of the Allottees against the United States that the Allottees have or could have asserted that are similar in nature to any claim described in section 3407.

(c)

No Recognition of Water Rights.— Except as provided in section 3405(d), nothing in this subtitle recognizes or establishes any right of a member of the Band or an Allottee to water within the Reservation.

(d)

Claims Relating to Development of Water for Reservation.—

(1)

In general.— The amounts authorized to be appropriated pursuant to section 3411 shall be used to satisfy any claim of the Allottees against the United States with respect to the development or protection of water resources for the Reservation.

(2)

Satisfaction of claims.— Upon the complete appropriation of amounts authorized pursuant to section 3411, any claim of the Allottees against the United States with respect to the development or protection of water resources for the Reservation shall be deemed to have been satisfied.

SEC. 3407. Waiver of Claims.

(a)

In General.—

(1)

Waiver of claims by the band and the united states acting in its capacity as trustee for the band.—

(A)

In general.— Subject to the retention of rights set forth in subsection (c), in return for recognition of the Tribal Water Right and other benefits as set forth in the Pechanga Settlement Agreement and this subtitle, the Band, and the United States, acting as trustee for the Band, are authorized and directed to execute a waiver and release of all claims for water rights within the Santa Margarita River Watershed that the Band, or the United States acting as trustee for the Band, asserted or could have asserted in any proceeding, including the Adjudication Proceeding, except to the extent that such rights are recognized in the Pechanga Settlement Agreement and this subtitle.

(B)

Claims against rcwd.— Subject to the retention of rights set forth in subsection (c) and notwithstanding any provisions to the contrary in the Pechanga Settlement Agreement, the Band and the United States, on behalf of the Band and Allottees, fully release, acquit, and discharge RCWD from—

(i)

claims for injuries to water rights in the Santa Margarita River Watershed for land located within the Reservation arising or occurring at any time up to and including June 30, 2009;

(ii)

claims for injuries to water rights in the Santa Margarita River Watershed for land located within the Reservation arising or occurring at any time after June 30, 2009, resulting from the diversion or use of water in a manner not in violation of the Pechanga Settlement Agreement or this subtitle;

(iii)

claims for subsidence damage to land located within the Reservation arising or occurring at any time up to and including June 30, 2009;

(iv)

claims for subsidence damage arising or occurring after June 30, 2009, to land located within the Reservation resulting from the diversion of underground water in a manner consistent with the Pechanga Settlement Agreement or this subtitle; and

(v)

claims arising out of, or relating in any manner to, the negotiation or execution of the Pechanga Settlement Agreement or the negotiation or execution of this subtitle.

(2)

Claims by the united states acting in its capacity as trustee for allottees.— Subject to the retention of claims set forth in subsection (c), in return for recognition of the Tribal Water Right and other benefits as set forth in the Pechanga Settlement Agreement and this subtitle, the United States, acting as trustee for Allottees, is authorized and directed to execute a waiver and release of all claims for water rights within the Santa Margarita River Watershed that the United States, acting as trustee for the Allottees, asserted or could have asserted in any proceeding, including the Adjudication Proceeding, except to the extent such rights are recognized in the Pechanga Settlement Agreement and this subtitle.

(3)

Claims by the band against the united states.— Subject to the retention of rights set forth in subsection (c), the Band, is authorized to execute a waiver and release of—

(A)

all claims against the United States (including the agencies and employees of the United States) relating to claims for water rights in, or water of, the Santa Margarita River Watershed that the United States, acting in its capacity as trustee for the Band, asserted, or could have asserted, in any proceeding, including the Adjudication Proceeding, except to the extent that those rights are recognized in the Pechanga Settlement Agreement and this subtitle;

(B)

all claims against the United States (including the agencies and employees of the United States) relating to damages, losses, or injuries to water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights, claims relating to interference with, diversion, or taking of water or water rights, or claims relating to failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) in the Santa Margarita River Watershed that first accrued at any time up to and including the enforceability date;

(C)

all claims against the United States (including the agencies and employees of the United States) relating to the pending litigation of claims relating to the water rights of the Band in the Adjudication Proceeding; and

(D)

all claims against the United States (including the agencies and employees of the United States) relating to the negotiation or execution of the Pechanga Settlement Agreement or the negotiation or execution of this subtitle.

(b)

Effectiveness of Waivers and Releases.— The waivers under subsection (a) shall take effect on the enforceability date.

(c)

Reservation of Rights and Retention of Claims.— Notwithstanding the waivers and releases authorized in this subtitle, the Band, on behalf of itself and the members of the Band, and the United States, acting in its capacity as trustee for the Band and Allottees, retain—

(1)

all claims for enforcement of the Pechanga Settlement Agreement and this subtitle;

(2)

all claims against any person or entity other than the United States and RCWD, including claims for monetary damages;

(3)

all claims for water rights that are outside the jurisdiction of the Adjudication Court;

(4)

all rights to use and protect water rights acquired on or after the enforceability date; and

(5)

all remedies, privileges, immunities, powers, and claims, including claims for water rights, not specifically waived and released pursuant to this subtitle and the Pechanga Settlement Agreement.

(d)

Effect of Pechanga Settlement Agreement and Act.— Nothing in the Pechanga Settlement Agreement or this subtitle—

(1)

affects the ability of the United States, acting as a sovereign, to take actions authorized by law, including any laws relating to health, safety, or the environment, including—

(A)

the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.);

(B)

the Safe Drinking Water Act (42 U.S.C. 300f et seq.);

(C)

the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and

(D)

any regulations implementing the Acts described in subparagraphs (A) through (C);

(2)

affects the ability of the United States to take actions acting as trustee for any other Indian tribe or an Allottee of any other Indian tribe;

(3)

confers jurisdiction on any State court—

(A)

to interpret Federal law regarding health, safety, or the environment;

(B)

to determine the duties of the United States or other parties pursuant to Federal law regarding health, safety, or the environment; or

(C)

to conduct judicial review of Federal agency action;

(4)

waives any claim of a member of the Band in an individual capacity that does not derive from a right of the Band;

(5)

limits any funding that RCWD would otherwise be authorized to receive under any Federal law, including, the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.) as that Act applies to permanent facilities for water recycling, demineralization, and desalination, and distribution of nonpotable water supplies in Southern Riverside County, California;

(6)

characterizes any amounts received by RCWD under the Pechanga Settlement Agreement or this subtitle as Federal for purposes of section 1649 of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h–32); or

(7)

affects the requirement of any party to the Pechanga Settlement Agreement or any of the exhibits to the Pechanga Settlement Agreement to comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or the California Environmental Quality Act (Cal. Pub. Res. Code 21000 et seq.) prior to performing the respective obligations of that party under the Pechanga Settlement Agreement or any of the exhibits to the Pechanga Settlement Agreement.

(e)

Enforceability Date.— The enforceability date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that—

(1)

the Adjudication Court has approved and entered a judgment and decree approving the Pechanga Settlement Agreement in substantially the same form as Appendix 2 to the Pechanga Settlement Agreement;

(2)

all amounts authorized by this subtitle have been deposited in the Fund;

(3)

the waivers and releases authorized in subsection (a) have been executed by the Band and the Secretary;

(4)

the Extension of Service Area Agreement—

(A)

has been approved and executed by all the parties to the Extension of Service Area Agreement; and

(B)

is effective and enforceable in accordance with the terms of the Extension of Service Area Agreement; and

(5)

the ESAA Water Delivery Agreement—

(A)

has been approved and executed by all the parties to the ESAA Water Delivery Agreement; and

(B)

is effective and enforceable in accordance with the terms of the ESAA Water Delivery Agreement.

(f)

Tolling of Claims.—

(1)

In general.— Each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the earlier of—

(A)

April 30, 2030, or such alternate date after April 30, 2030, as is agreed to by the Band and the Secretary; or

(B)

the enforceability date.

(2)

Effects of subsection.— Nothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act.

(3)

Limitation.— Nothing in this section precludes the tolling of any period of limitations or any time-based equitable defense under any other applicable law.

(g)

Termination.—

(1)

In general.— If all of the amounts authorized to be appropriated to the Secretary pursuant to this subtitle have not been made available to the Secretary by April 30, 2030—

(A)

the waivers authorized by this section shall expire and have no force or effect; and

(B)

all statutes of limitations applicable to any claim otherwise waived under this section shall be tolled until April 30, 2030.

(2)

Voiding of waivers.— If a waiver authorized by this section is void under paragraph (1)—

(A)

the approval of the United States of the Pechanga Settlement Agreement under section 3404 shall be void and have no further force or effect;

(B)

any unexpended Federal amounts appropriated or made available to carry out this subtitle, together with any interest earned on those amounts, and any water rights or contracts to use water and title to other property acquired or constructed with Federal amounts appropriated or made available to carry out this subtitle shall be returned to the Federal Government, unless otherwise agreed to by the Band and the United States and approved by Congress; and

(C)

except for Federal amounts used to acquire or develop property that is returned to the Federal Government under subparagraph (B), the United States shall be entitled to set off any Federal amounts appropriated or made available to carry out this subtitle that were expended or withdrawn, together with any interest accrued, against any claims against the United States relating to water rights asserted by the Band or Allottees in any future settlement of the water rights of the Band or Allottees.

SEC. 3408. Water Facilities.

(a)

In General.— The Secretary shall, subject to the availability of appropriations, using amounts from the designated accounts of the Fund, provide the amounts necessary to fulfill the obligations of the Band under the Recycled Water Infrastructure Agreement and the ESAA Capacity Agreement, in an amount not to exceed the amounts deposited in the designated accounts for such purposes plus any interest accrued on such amounts from the date of deposit in the Fund to the date of disbursement from the Fund, in accordance with this subtitle and the terms and conditions of those agreements.

(b)

Nonreimbursability of Costs.— All costs incurred by the Secretary in carrying out this section shall be nonreimbursable.

(c)

Recycled Water Infrastructure.—

(1)

In general.— The Secretary shall, using amounts from the Pechanga Recycled Water Infrastructure account, provide amounts for the Storage Pond in accordance with this section.

(2)

Storage pond.—

(A)

In general.— The Secretary shall, subject to the availability of appropriations, using amounts from the Pechanga Recycled Water Infrastructure account provide the amounts necessary for a Storage Pond in accordance with the Recycled Water Infrastructure Agreement, in an amount not to exceed $2,656,374.

(B)

Procedure.— The procedure for the Secretary to provide amounts pursuant to this section shall be as set forth in the Recycled Water Infrastructure Agreement.

(C)

Liability.— The United States shall have no responsibility or liability for the Storage Pond.

(d)

ESAA Delivery Capacity.—

(1)

In general.— The Secretary shall, using amounts from the Pechanga ESAA Delivery Capacity account, provide amounts for Interim Capacity and Permanent Capacity in accordance with this section.

(2)

Interim capacity.—

(A)

In general.— The Secretary shall, subject to the availability of appropriations, using amounts from the ESAA Delivery Capacity account, provide amounts necessary for the provision of Interim Capacity in accordance with the ESAA Capacity Agreement in an amount not to exceed $1,000,000.

(B)

Procedure.— The procedure for the Secretary to provide amounts pursuant to this section shall be as set forth in the ESAA Capacity Agreement.

(C)

Liability.— The United States shall have no responsibility or liability for the Interim Capacity to be provided by RCWD or by the Band.

(D)

Transfer to band.— If RCWD does not provide the Interim Capacity Notice required pursuant to the ESAA Capacity Agreement by the date that is 60 days after the date required under the ESAA Capacity Agreement, the amounts in the Pechanga ESAA Delivery Capacity account for purposes of the provision of Interim Capacity and Permanent Capacity, including any interest that has accrued on those amounts, shall be available for use by the Band to provide alternative interim capacity in a manner that is similar to the Interim Capacity and Permanent Capacity that the Band would have received had RCWD provided such Interim Capacity and Permanent Capacity.

(3)

Permanent capacity.—

(A)

In general.— The Secretary shall, subject to the availability of appropriations, using amounts from the ESAA Delivery Capacity account, provide amounts necessary for the provision of Permanent Capacity in accordance with the ESAA Capacity Agreement.

(B)

Procedure.— The procedure for the Secretary to provide funds pursuant to this section shall be as set forth in the ESAA Capacity Agreement.

(C)

Liability.— The United States shall have no responsibility or liability for the Permanent Capacity to be provided by RCWD or by the Band.

(D)

Transfer to band.— If RCWD does not provide the Permanent Capacity Notice required pursuant to the ESAA Capacity Agreement by the date that is 5 years after the enforceability date, the amounts in the Pechanga ESAA Delivery Capacity account for purposes of the provision of Permanent Capacity, including any interest that has accrued on those amounts, shall be available for use by the Band to provide alternative Permanent Capacity in a manner that is similar to the Permanent Capacity that the Band would have received had RCWD provided such Permanent Capacity.

SEC. 3409. Pechanga Settlement Fund.

(a)

Establishment.— There is established in the Treasury of the United States a fund to be known as the “Pechanga Settlement Fund”, to be managed, invested, and distributed by the Secretary and to be available until expended, and, together with any interest earned on those amounts, to be used solely for the purpose of carrying out this subtitle.

(b)

Transfers to Fund.— The Fund shall consist of such amounts as are deposited in the Fund under section 3411(a) of this subtitle, together with any interest earned on those amounts, which shall be available in accordance with subsection (e).

(c)

Accounts of Pechanga Settlement Fund.— The Secretary shall establish in the Fund the following accounts:

(1)

Pechanga Recycled Water Infrastructure account, consisting of amounts authorized pursuant to section 3411(a)(1).

(2)

Pechanga ESAA Delivery Capacity account, consisting of amounts authorized pursuant to section 3411(a)(2).

(3)

Pechanga Water Fund account, consisting of amounts authorized pursuant to section 3411(a)(3).

(4)

Pechanga Water Quality account, consisting of amounts authorized pursuant to section 3411(a)(4).

(d)

Management of Fund.— The Secretary shall manage, invest, and distribute all amounts in the Fund in a manner that is consistent with the investment authority of the Secretary under—

(1)

the first section of the Act of June 24, 1938 (25 U.S.C. 162a);

(2)

the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); and

(3)

this section.

(e)

Availability of Amounts.— Amounts appropriated to, and deposited in, the Fund, including any investment earnings accrued from the date of deposit in the Fund through the date of disbursement from the Fund, shall be made available to the Band by the Secretary beginning on the enforceability date.

(f)

Withdrawals by Band Pursuant to the American Indian Trust Fund Management Reform Act.—

(1)

In general.— The Band may withdraw all or part of the amounts in the Fund on approval by the Secretary of a tribal management plan submitted by the Band in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).

(2)

Requirements.—

(A)

In general.— In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal management plan under paragraph (1) shall require that the Band shall spend all amounts withdrawn from the Fund in accordance with this subtitle.

(B)

Enforcement.— The Secretary may carry out such judicial or administrative actions as the Secretary determines to be necessary to enforce the tribal management plan to ensure that amounts withdrawn by the Band from the Fund under this subsection are used in accordance with this subtitle.

(g)

Withdrawals by Band Pursuant to an Expenditure Plan.—

(1)

In general.— The Band may submit an expenditure plan for approval by the Secretary requesting that all or part of the amounts in the Fund be disbursed in accordance with the plan.

(2)

Requirements.— The expenditure plan under paragraph (1) shall include a description of the manner and purpose for which the amounts proposed to be disbursed from the Fund will be used, in accordance with subsection (h).

(3)

Approval.— If the Secretary determines that an expenditure plan submitted under this subsection is consistent with the purposes of this subtitle, the Secretary shall approve the plan.

(4)

Enforcement.— The Secretary may carry out such judicial or administrative actions as the Secretary determines necessary to enforce an expenditure plan to ensure that amounts disbursed under this subsection are used in accordance with this subtitle.

(h)

Uses.— Amounts from the Fund shall be used by the Band for the following purposes:

(1)

Pechanga recycled water infrastructure account.— The Pechanga Recycled Water Infrastructure account shall be used for expenditures by the Band in accordance with section 3408(c).

(2)

Pechanga esaa delivery capacity account.— The Pechanga ESAA Delivery Capacity account shall be used for expenditures by the Band in accordance with section 3408(d).

(3)

Pechanga water fund account.— The Pechanga Water Fund account shall be used for—

(A)

payment of the EMWD Connection Fee;

(B)

payment of the MWD Connection Fee; and

(C)

any expenses, charges, or fees incurred by the Band in connection with the delivery or use of water pursuant to the Pechanga Settlement Agreement.

(4)

Pechanga water quality account.— The Pechanga Water Quality account shall be used by the Band to fund groundwater desalination activities within the Wolf Valley Basin.

(i)

Liability.— The Secretary and the Secretary of the Treasury shall not be liable for the expenditure of, or the investment of any amounts withdrawn from, the Fund by the Band under subsection (f) or (g).

(j)

No Per Capita Distributions.— No portion of the Fund shall be distributed on a per capita basis to any member of the Band.

SEC. 3410. Miscellaneous Provisions.

(a)

Waiver of Sovereign Immunity by the United States.— Except as provided in subsections (a) through (c) of section 208 of the Department of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing in this subtitle waives the sovereign immunity of the United States.

(b)

Other Tribes Not Adversely Affected.— Nothing in this subtitle quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian tribe, band, or community other than the Band.

(c)

Limitation on Claims for Reimbursement.— With respect to Indian land within the Reservation—

(1)

the United States shall not submit against any Indian-owned land located within the Reservation any claim for reimbursement of the cost to the United States of carrying out this subtitle and the Pechanga Settlement Agreement; and

(2)

no assessment of any Indian-owned land located within the Reservation shall be made regarding that cost.

(d)

Effect on Current Law.— Nothing in this section affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to preenforcement review of any Federal environmental enforcement action.

SEC. 3411. Authorization of Appropriations.

(a)

Authorization of Appropriations.—

(1)

Pechanga recycled water infrastructure account.— There is authorized to be appropriated $2,656,374, for deposit in the Pechanga Recycled Water Infrastructure account, to carry out the activities described in section 3408(c).

(2)

Pechanga esaa delivery capacity account.— There is authorized to be appropriated $17,900,000, for deposit in the Pechanga ESAA Delivery Capacity account, which amount shall be adjusted for changes in construction costs since June 30, 2009, as is indicated by ENR Construction Cost Index, 20-City Average, as applicable to the types of construction required for the Band to provide the infrastructure necessary for the Band to provide the Interim Capacity and Permanent Capacity in the event that RCWD elects not to provide the Interim Capacity or Permanent Capacity as set forth in the ESAA Capacity Agreement and contemplated in sections 3408(d)(2)(D) and 3408(d)(3)(D) of this subtitle, with such adjustment ending on the date on which funds authorized to be appropriated under this section have been deposited in the Fund.

(3)

Pechanga water fund account.— There is authorized to be appropriated $5,483,653, for deposit in the Pechanga Water Fund account, which amount shall be adjusted for changes in appropriate cost indices since June 30, 2009, with such adjustment ending on the date of deposit in the Fund, for the purposes set forth in section 3409(h)(3).

(4)

Pechanga water quality account.— There is authorized to be appropriated $2,460,000, for deposit in the Pechanga Water Quality account, which amount shall be adjusted for changes in appropriate cost indices since June 30, 2009, with such adjustment ending on the date of deposit in the Fund, for the purposes set forth in section 3409(h)(4).

SEC. 3412. Expiration on Failure of Enforceability Date.

If the Secretary does not publish a statement of findings under section 3407(e) by April 30, 2021, or such alternative later date as is agreed to by the Band and the Secretary, as applicable—

(1)

this subtitle expires on the later of May 1, 2021, or the day after the alternative date agreed to by the Band and the Secretary;

(2)

any action taken by the Secretary and any contract or agreement pursuant to the authority provided under any provision of this subtitle shall be void;

(3)

any amounts appropriated under section 3411, together with any interest on those amounts, shall immediately revert to the general fund of the Treasury; and

(4)

any amounts made available under section 3411 that remain unexpended shall immediately revert to the general fund of the Treasury.

SEC. 3413. Antideficiency.

(a)

In General.— Notwithstanding any authorization of appropriations to carry out this subtitle, the expenditure or advance of any funds, and the performance of any obligation by the Department in any capacity, pursuant to this subtitle shall be contingent on the appropriation of funds for that expenditure, advance, or performance.

(b)

Liability.— The Department of the Interior shall not be liable for the failure to carry out any obligation or activity authorized by this subtitle if adequate appropriations are not provided to carry out this subtitle.

Subtitle E Delaware River Basin Conservation

SEC. 3501. Findings.

Congress finds that—

(1)

the Delaware River Basin is a national treasure of great cultural, environmental, ecological, and economic importance;

(2)

the Basin contains over 12,500 square miles of land in the States of Delaware, New Jersey, New York, and Pennsylvania, including nearly 800 square miles of bay and more than 2,000 tributary rivers and streams;

(3)

the Basin is home to more than 8,000,000 people who depend on the Delaware River and the Delaware Bay as an economic engine, a place of recreation, and a vital habitat for fish and wildlife;

(4)

the Basin provides clean drinking water to more than 15,000,000 people, including New York City, which relies on the Basin for approximately half of the drinking water supply of the city, and Philadelphia, whose most significant threat to the drinking water supply of the city is loss of forests and other natural cover in the Upper Basin, according to a study conducted by the Philadelphia Water Department;

(5)

the Basin contributes $25,000,000,000 annually in economic activity, provides $21,000,000,000 in ecosystem goods and services per year, and is directly or indirectly responsible for 600,000 jobs with $10,000,000,000 in annual wages;

(6)

almost 180 species of fish and wildlife are considered special status species in the Basin due to habitat loss and degradation, particularly sturgeon, eastern oyster, horseshoe crabs, and red knots, which have been identified as unique species in need of habitat improvement;

(7)

the Basin provides habitat for over 200 resident and migrant fish species, includes significant recreational fisheries, and is an important source of eastern oyster, blue crab, and the largest population of the American horseshoe crab;

(8)

the annual dockside value of commercial eastern oyster fishery landings for the Delaware Estuary is nearly $4,000,000, making it the fourth most lucrative fishery in the Delaware River Basin watershed, and proven management strategies are available to increase oyster habitat, abundance, and harvest;

(9)

the Delaware Bay has the second largest concentration of shorebirds in North America and is designated as one of the 4 most important shorebird migration sites in the world;

(10)

the Basin, 50 percent of which is forested, also has over 700,000 acres of wetland, more than 126,000 acres of which are recognized as internationally important, resulting in a landscape that provides essential ecosystem services, including recreation, commercial, and water quality benefits;

(11)

much of the remaining exemplary natural landscape in the Basin is vulnerable to further degradation, as the Basin gains approximately 10 square miles of developed land annually, and with new development, urban watersheds are increasingly covered by impervious surfaces, amplifying the quantity of polluted runoff into rivers and streams;

(12)

the Delaware River is the longest undammed river east of the Mississippi; a critical component of the National Wild and Scenic Rivers System in the Northeast, with more than 400 miles designated; home to one of the most heavily visited National Park units in the United States, the Delaware Water Gap National Recreation Area; and the location of 6 National Wildlife Refuges;

(13)

the Delaware River supports an internationally renowned cold water fishery in more than 80 miles of its northern headwaters that attracts tens of thousands of visitors each year and generates over $21,000,000 in annual revenue through tourism and recreational activities;

(14)

management of water volume in the Basin is critical to flood mitigation and habitat for fish and wildlife, and following 3 major floods along the Delaware River since 2004, the Governors of the States of Delaware, New Jersey, New York, and Pennsylvania have called for natural flood damage reduction measures to combat the problem, including restoring the function of riparian corridors;

(15)

the Delaware River Port Complex (including docking facilities in the States of Delaware, New Jersey, and Pennsylvania) is one of the largest freshwater ports in the world, the Port of Philadelphia handles the largest volume of international tonnage and 70 percent of the oil shipped to the East Coast, and the Port of Wilmington, a full-service deepwater port and marine terminal supporting more than 12,000 jobs, is the busiest terminal on the Delaware River, handling more than 400 vessels per year with an annual import/export cargo tonnage of more than 4,000,000 tons;

(16)

the Delaware Estuary, where freshwater from the Delaware River mixes with saltwater from the Atlantic Ocean, is one of the largest and most complex of the 28 estuaries in the National Estuary Program, and the Partnership for the Delaware Estuary works to improve the environmental health of the Delaware Estuary;

(17)

the Delaware River Basin Commission is a Federal-interstate compact government agency charged with overseeing a unified approach to managing the river system and implementing important water resources management projects and activities throughout the Basin that are in the national interest;

(18)

restoration activities in the Basin are supported through several Federal and State agency programs, and funding for those important programs should continue and complement the establishment of the Delaware River Basin Restoration Program, which is intended to build on and help coordinate restoration and protection funding mechanisms at the Federal, State, regional, and local levels; and

(19)

the existing and ongoing voluntary conservation efforts in the Delaware River Basin necessitate improved efficiency and cost effectiveness, as well as increased private-sector investments and coordination of Federal and non-Federal resources.

SEC. 3502. Definitions.

In this subtitle:

(1)

Basin.— The term “Basin” means the 4-State Delaware Basin region, including all of Delaware Bay and portions of the States of Delaware, New Jersey, New York, and Pennsylvania located in the Delaware River watershed.

(2)

Basin state.— The term “Basin State” means each of the States of Delaware, New Jersey, New York, and Pennsylvania.

(3)

Director.— The term “Director” means the Director of the United States Fish and Wildlife Service.

(4)

Grant program.— The term “grant program” means the voluntary Delaware River Basin Restoration Grant Program established under section 3504.

(5)

Program.— The term “program” means the nonregulatory Delaware River Basin restoration program established under section 3503.

(6)

Restoration and protection.— The term “restoration and protection” means the conservation, stewardship, and enhancement of habitat for fish and wildlife to preserve and improve ecosystems and ecological processes on which they depend, and for use and enjoyment by the public.

(7)

Secretary.— The term “Secretary” means the Secretary of the Interior, acting through the Director.

(8)

Service.— The term “Service” means the United States Fish and Wildlife Service.

SEC. 3503. Program Establishment.

(a)

Establishment.— Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a nonregulatory program to be known as the “Delaware River Basin restoration program”.

(b)

Duties.— In carrying out the program, the Secretary shall—

(1)

draw on existing plans for the Basin, or portions of the Basin, and work in consultation with applicable management entities, including representatives of the Partnership for the Delaware Estuary, the Delaware River Basin Commission, the Federal Government, and other State and local governments, and regional organizations, as appropriate, to identify, prioritize, and implement restoration and protection activities within the Basin;

(2)

adopt a Basinwide strategy that—

(A)

supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with paragraph (1);

(B)

targets cost-effective projects with measurable results; and

(C)

maximizes conservation outcomes with no net gain of Federal full-time equivalent employees; and

(3)

establish the voluntary grant and technical assistance programs in accordance with section 3504.

(c)

Coordination.— In establishing the program, the Secretary shall consult, as appropriate, with—

(1)

the heads of Federal agencies, including—

(A)

the Administrator of the Environmental Protection Agency;

(B)

the Administrator of the National Oceanic and Atmospheric Administration;

(C)

the Chief of the Natural Resources Conservation Service;

(D)

the Chief of Engineers; and

(E)

the head of any other applicable agency;

(2)

the Governors of the Basin States;

(3)

the Partnership for the Delaware Estuary;

(4)

the Delaware River Basin Commission;

(5)

fish and wildlife joint venture partnerships; and

(6)

other public agencies and organizations with authority for the planning and implementation of conservation strategies in the Basin.

(d)

Purposes.— The purposes of the program include—

(1)

coordinating restoration and protection activities among Federal, State, local, and regional entities and conservation partners throughout the Basin; and

(2)

carrying out coordinated restoration and protection activities, and providing for technical assistance throughout the Basin and Basin States—

(A)

to sustain and enhance fish and wildlife habitat restoration and protection activities;

(B)

to improve and maintain water quality to support fish and wildlife, as well as the habitats of fish and wildlife, and drinking water for people;

(C)

to sustain and enhance water management for volume and flood damage mitigation improvements to benefit fish and wildlife habitat;

(D)

to improve opportunities for public access and recreation in the Basin consistent with the ecological needs of fish and wildlife habitat;

(E)

to facilitate strategic planning to maximize the resilience of natural systems and habitats under changing watershed conditions;

(F)

to engage the public through outreach, education, and citizen involvement, to increase capacity and support for coordinated restoration and protection activities in the Basin;

(G)

to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities; and

(H)

to provide technical assistance to carry out restoration and protection activities in the Basin.

SEC. 3504. Grants and Assistance.

(a)

Delaware River Basin Restoration Grant Program.— To the extent that funds are available to carry out this section, the Secretary shall establish a voluntary grant and technical assistance program to be known as the “Delaware River Basin Restoration Grant Program” to provide competitive matching grants of varying amounts to State and local governments, nonprofit organizations, institutions of higher education, and other eligible entities to carry out activities described in section 3503(d).

(b)

Criteria.— The Secretary, in consultation with the organizations described in section 3503(c), shall develop criteria for the grant program to help ensure that activities funded under this section accomplish one or more of the purposes identified in section 3503(d)(2) and advance the implementation of priority actions or needs identified in the Basinwide strategy adopted under section 3503(b)(2).

(c)

Cost Sharing.—

(1)

Federal share.— The Federal share of the cost of a project funded under the grant program shall not exceed 50 percent of the total cost of the activity, as determined by the Secretary.

(2)

Non-federal share.— The non-Federal share of the cost of a project funded under the grant program may be provided in cash or in the form of an in-kind contribution of services or materials.

SEC. 3505. Annual Letter.

Not later than 180 days after the date of enactment of this Act and annually thereafter, the Secretary shall submit to Congress a detailed letter on the implementation of this subtitle, including a description of each project that has received funding under this subtitle.

SEC. 3506. Prohibition on Use of Funds for Federal Acquisition of Interests in Land.

No funds may be appropriated or used under this subtitle for acquisition by the Federal Government of any interest in land.

SEC. 3507. Sunset.

This subtitle shall have no force or effect after September 30, 2023.

Subtitle F Miscellaneous Provisions

SEC. 3601. Bureau of Reclamation Dakotas Area Office Permit Fees for Cabins and Trailers.

During the period ending 5 years after the date of enactment of this Act, the Secretary of the Interior shall not increase the permit fee for a cabin or trailer on land in the State of North Dakota administered by the Dakotas Area Office of the Bureau of Reclamation by more than 33 percent of the permit fee that was in effect on January 1, 2016.

SEC. 3602. Use of Trailer Homes at Heart Butte Dam and Reservoir (lake Tschida).

(a)

Definitions.— In this section:

(1)

Addition.— The term “addition” means any enclosed structure added onto the structure of a trailer home that increases the living area of the trailer home.

(2)

Camper or recreational vehicle.— The term “camper or recreational vehicle” includes—

(A)

a camper, motorhome, trailer camper, bumper hitch camper, fifth wheel camper, or equivalent mobile shelter; and

(B)

a recreational vehicle.

(3)

Immediate family.— The term “immediate family” means a spouse, grandparent, parent, sibling, child, or grandchild.

(4)

Permit.— The term “permit” means a permit issued by the Secretary authorizing the use of a lot in a trailer area.

(5)

Permit year.— The term “permit year” means the period beginning on April 1 of a calendar year and ending on March 31 of the following calendar year.

(6)

Permittee.— The term “permittee” means a person holding a permit.

(7)

Secretary.— The term “Secretary” means the Secretary of the Interior, acting through the Commissioner of Reclamation.

(8)

Trailer area.— The term “trailer area” means any of the following areas at Heart Butte Dam and Reservoir (Lake Tschida) (as described in the document of the Bureau of Reclamation entitled “Heart Butte Reservoir Resource Management Plan” (March 2008)):

(A)

Trailer Area 1 and 2, also known as Management Unit 034.

(B)

Southside Trailer Area, also known as Management Unit 014.

(9)

Trailer home.— The term “trailer home” means a dwelling placed on a supporting frame that—

(A)

has or had a tow-hitch; and

(B)

is made mobile, or is capable of being made mobile, by an axle and wheels.

(b)

Permit Renewal and Permitted Use.—

(1)

In general.— The Secretary shall use the same permit renewal process for trailer area permits as the Secretary uses for other permit renewals in other reservoirs in the State of North Dakota administered by the Dakotas Area Office of the Bureau of Reclamation.

(2)

Trailer homes.— With respect to a trailer home, a permit for each permit year shall authorize the permittee—

(A)

to park the trailer home on the lot;

(B)

to use the trailer home on the lot;

(C)

to physically move the trailer home on and off the lot; and

(D)

to leave on the lot any addition, deck, porch, entryway, step to the trailer home, propane tank, or storage shed.

(3)

Campers or recreational vehicles.— With respect to a camper or recreational vehicle, a permit shall, for each permit year—

(A)

from April 1 to October 31, authorize the permittee—

(i)

to park the camper or recreational vehicle on the lot;

(ii)

to use the camper or recreational vehicle on the lot; and

(iii)

to move the camper or recreational vehicle on and off the lot; and

(B)

from November 1 to March 31, require a permittee to remove the camper or recreational vehicle from the lot.

(c)

Removal.—

(1)

In general.— The Secretary may require removal of a trailer home from a lot in a trailer area if the trailer home is flooded after the date of enactment of this Act.

(2)

Removal and new use.— If the Secretary requires removal of a trailer home under paragraph (1), on request by the permittee, the Secretary shall authorize the permittee—

(A)

to replace the trailer home on the lot with a camper or recreational vehicle in accordance with this section; or

(B)

to place a trailer home on the lot from April 1 to October 31.

(d)

Transfer of Permits.—

(1)

Transfer of trailer home title.— If a permittee transfers title to a trailer home permitted on a lot in a trailer area, the Secretary shall issue a permit to the transferee, under the same terms as the permit applicable on the date of transfer, subject to the conditions described in paragraph (3).

(2)

Transfer of camper or recreational vehicle title.— If a permittee who has a permit to use a camper or recreational vehicle on a lot in a trailer area transfers title to the interests of the permittee on or to the lot, the Secretary shall issue a permit to the transferee, subject to the conditions described in paragraph (3).

(3)

Conditions.— A permit issued by the Secretary under paragraph (1) or (2) shall be subject to the following conditions:

(A)

A permit may not be held in the name of a corporation.

(B)

A permittee may not have an interest in, or control of, more than 1 seasonal trailer home site in the Great Plains Region of the Bureau of Reclamation, inclusive of sites located on tracts permitted to organized groups on Reclamation reservoirs.

(C)

Not more than 2 persons may be permittees under 1 permit, unless—

(i)

approved by the Secretary; or

(ii)

the additional persons are immediate family members of the permittees.

(e)

Anchoring Requirements for Trailer Homes.— The Secretary shall require compliance with appropriate anchoring requirements for each trailer home (including additions to the trailer home) and other objects on a lot in a trailer area, as determined by the Secretary, after consulting with permittees.

(f)

Replacement, Removal, and Return.—

(1)

Replacement.— Permittees may replace their trailer home with another trailer home.

(2)

Removal and return.— Permittees may—

(A)

remove their trailer home; and

(B)

if the permittee removes their trailer home under subparagraph (A), return the trailer home to the lot of the permittee.

(g)

Liability; Taking.—

(1)

Liability.— The United States shall not be liable for flood damage to the personal property of a permittee or for damages arising out of any act, omission, or occurrence relating to a lot to which a permit applies, other than for damages caused by an act or omission of the United States or an employee, agent, or contractor of the United States before the date of enactment of this Act.

(2)

Taking.— Any temporary flooding or flood damage to the personal property of a permittee shall not be a taking by the United States.

SEC. 3603. Lake Tahoe Restoration.

SEC. 3604. Tuolumne Band of Me-Wuk Indians.

(a)

Federal Land.— Subject to valid existing rights, all right, title, and interest (including improvements and appurtenances) of the United States in and to the Federal land described in subsection (b) shall be held in trust by the United States for the benefit of the Tuolumne Band of Me-Wuk Indians for nongaming purposes.

(b)

Land Description.— The land taken into trust under subsection (a) is the approximately 80 acres of Federal land under the administrative jurisdiction of the United States Forest Service, located in Tuolumne County, California, and described as follows:

(1)

Southwest 1/4 of Southwest 1/4 of Section 2, Township 1 North, Range 16 East.

(2)

Northeast 1/4 of Northwest 1/4 of Section 11, Township 1 North, Range 16 East of the Mount Diablo Meridian.

(c)

Gaming.— Class II and class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)) shall not be permitted at any time on the land taken into trust under subsection (a).

SEC. 3605. San Luis Rey Settlement Agreement Implementation.

(a)

San Luis Rey Settlement Agreement Implementation.— The San Luis Rey Indian Water Rights Settlement Act (Public Law 100–675) is amended by inserting after section 111 the following:

“SEC. 112. IMPLEMENTATION OF SETTLEMENT.

“(a) Findings.—Congress finds and recognizes as follows:

“(1) The City of Escondido, California, the Vista Irrigation District, the San Luis Rey River Indian Water Authority, and the Bands have approved an agreement, dated December 5, 2014, resolving their disputes over the use of certain land and water rights in or near the San Luis Rey River watershed, the terms of which are consistent with this Act.

“(2) The Bands, the San Luis Rey River Indian Water Authority, the City of Escondido, California, the Vista Irrigation District, and the United States have approved a Settlement Agreement dated January 30, 2015 (hereafter in this section referred to as the ‘Settlement Agreement’) that conforms to the requirements of this Act.

“(b) Approval and Ratification.—All provisions of the Settlement Agreement, including the waivers and releases of the liability of the United States, the provisions regarding allottees, and the provision entitled ‘Effect of Settlement Agreement and Act,’ are hereby approved and ratified.

“(c) Authorizations.—The Secretary and the Attorney General are authorized to execute, on behalf of the United States, the Settlement Agreement and any amendments approved by the parties as necessary to make the Settlement Agreement consistent with this Act. Such execution shall not constitute a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Secretary is further authorized and directed to take all steps that the Secretary may deem necessary or appropriate to implement the Settlement Agreement and this Act.

“(d) Continued Federally Reserved And Other Water Rights.—

“(1) In general.—Notwithstanding any other provision of law, including any provisions in this Act, the Bands had, have, and continue to possess federally reserved rights and other water rights held in trust by the United States.

“(2) Future proceedings.—In any proceeding involving the assertion, enforcement, or defense of the rights described in this subsection, the United States, in its capacity as trustee for any Band, shall not be a required party and any decision by the United States regarding participation in any such proceeding shall not be subject to judicial review or give rise to any claim for relief against the United States.

“(e) Allottees.—Congress finds and confirms that the benefits to allottees in the Settlement Agreement, including the remedies and provisions requiring that any rights of allottees shall be satisfied from supplemental water and other water available to the Bands or the Indian Water Authority, are equitable and fully satisfy the water rights of the allottees.

“(f) No Precedent.—Nothing in this Act shall be construed or interpreted as a precedent for the litigation or settlement of Indian reserved water rights.”

(b)

Disbursement of Funds.— The second sentence of section 105(b)(1) of the San Luis Rey Indian Water Rights Settlement Act (Public Law 100–675) is amended by striking the period at the end, and inserting the following:

“(i) no more than $3,700,000 per year (in principal, interest or both) may be so allocated; and

“(ii) none of the funds made available by this section shall be available unless the Director of the Office of Management and Budget first certifies in writing to the Committee on Natural Resources of the House of Representatives and the Committee on Indian Affairs of the Senate that the federal budget will record budgetary outlays from the San Luis Rey Tribal Development Fund of only the monies, not to exceed $3,700,000 annually, that the Secretary of the Treasury, pursuant to this section, allocates and makes available to the Indian Water Authority from the trust fund.”

SEC. 3606. Tule River Indian Tribe.

(a)

In General.— Subject to subsection (b), valid, existing rights, and management agreements related to easements and rights-of-way, all right, title, and interest (including improvements and appurtenances) of the United States in and to the approximately 34 acres of Federal lands generally depicted on the map titled “Proposed Lands to be Held in Trust for the Tule River Tribe” and dated May 14, 2015, are hereby held in trust by the United States for the benefit of the Tule River Indian Tribe.

(b)

Easements and Rights-of-Way.— For the purposes of subsection (a), valid, existing rights include any easement or right-of-way for which an application is pending with the Bureau of Land Management on the date of the enactment of this Act. If such application is denied upon final action, the valid, existing right related to the application shall cease to exist.

(c)

Availability of Map.— The map referred to in subsection (a) shall be on file and available for public inspection at the office of the California State Director, Bureau of Land Management.

(d)

Conversion of Valid, Existing Rights.—

(1)

Continuity of use.— Any person claiming in good faith to have valid, existing rights to lands taken into trust by this section may continue to exercise such rights to the same extent that the rights were exercised before the date of the enactment of this Act until the Secretary makes a determination on an application submitted under paragraph (2)(B) or the application is deemed to be granted under paragraph (3).

(2)

Notice and application.— Consistent with sections 2800 through 2880 of title 43, Code of Federal Regulations, as soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall notify any person that claims to have valid, existing rights, such as a management agreement, easement, or other right-of-way, to lands taken into trust under subsection (a) that—

(A)

such lands have been taken into trust; and

(B)

the person claiming the valid, existing rights has 60 days to submit an application to the Secretary requesting that the valid, existing rights be converted to a long-term easement or other right-of-way.

(3)

Determination.— The Secretary of the Interior shall grant or deny an application submitted under paragraph (2)(B) not later than 180 days after the application is submitted. Such a determination shall be considered a final action. If the Secretary does not make a determination within 180 days after the application is submitted, the application shall be deemed to be granted.

(e)

Restriction on Gaming.— Lands taken into trust pursuant to subsection (a) shall not be considered to have been taken into trust for, and shall not be eligible for, class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)).

SEC. 3607. Morongo Band of Mission Indians.

(a)

Definitions.— For the purposes of this section, the following definitions apply:

(1)

Banning.— The term “Banning” means the City of Banning, which is located in Riverside County, California adjacent to the Morongo Indian Reservation.

(2)

Fields.— The term “Fields” means Lloyd L. Fields, the owner of record of Parcel A.

(3)

Map.— The term “map” means the map entitled ‘Morongo Indian Reservation, County of Riverside, State of California Land Exchange Map’, and dated May 22, 2014, which is on file in the Bureau of Land Management State Office in Sacramento, California.

(4)

Parcel a.— The term “Parcel A” means the approximately 41.15 acres designated on the map as “Fields lands”.

(5)

Parcel b.— The term “Parcel B” means the approximately 41.15 acres designated on the map as “Morongo lands”.

(6)

Parcel c.— The term “Parcel C” means the approximately 1.21 acres designated on the map as “Banning land”.

(7)

Parcel d.— The term “Parcel D” means the approximately 1.76 acres designated on the map as “Easement to Banning”.

(8)

Secretary.— The term “Secretary” means the Secretary of the Interior.

(9)

Tribe.— The term “Tribe” means the Morongo Band of Mission Indians, a federally recognized Indian tribe.

(b)

Transfer of Lands; Trust Lands, Easement.—

(1)

Transfer of parcel a and parcel b and easement over parcel d.— Subject to any valid existing rights of any third parties and to legal review and approval of the form and content of any and all instruments of conveyance and policies of title insurance, upon receipt by the Secretary of confirmation that Fields has duly executed and deposited with a mutually acceptable and jointly instructed escrow holder in California a deed conveying clear and unencumbered title to Parcel A to the United States in trust for the exclusive use and benefit of the Tribe, and upon receipt by Fields of confirmation that the Secretary has duly executed and deposited into escrow with the same mutually acceptable and jointly instructed escrow holder a patent conveying clear and unencumbered title in fee simple to Parcel B to Fields and has duly executed and deposited into escrow with the same mutually acceptable and jointly instructed escrow holder an easement to the City for a public right-of-way over Parcel D, the Secretary shall instruct the escrow holder to simultaneously cause—

(A)

the patent to Parcel B to be recorded and issued to Fields;

(B)

the easement over Parcel D to be recorded and issued to the City; and

(C)

the deed to Parcel A to be delivered to the Secretary, who shall immediately cause said deed to be recorded and held in trust for the Tribe.

(2)

Transfer of parcel c.— After the simultaneous transfer of parcels A, B, and D under paragraph (1), upon receipt by the Secretary of confirmation that the City has vacated its interest in Parcel C pursuant to all applicable State and local laws, the Secretary shall immediately cause Parcel C to be held in trust for the Tribe subject to—

(A)

any valid existing rights of any third parties; and

(B)

legal review and approval of the form and content of any and all instruments of conveyance.

SEC. 3608. Choctaw Nation of Oklahoma and the Chickasaw Nation Water Settlement.

(a)

Purposes.— The purposes of this section are—

(1)

to permanently resolve and settle those claims to Settlement Area Waters of the Choctaw Nation of Oklahoma and the Chickasaw Nation as set forth in the Settlement Agreement and this section, including all claims or defenses in and to Chickasaw Nation, Choctaw Nation v. Fallin et al., CIV 11–927 (W.D. Ok.), OWRB v. United States, et al. CIV 12–275 (W.D. Ok.), or any future stream adjudication;

(2)

to approve, ratify, and confirm the Settlement Agreement;

(3)

to authorize and direct the Secretary of the Interior to execute the Settlement Agreement and to perform all obligations of the Secretary of the Interior under the Settlement Agreement and this section;

(4)

to approve, ratify, and confirm the amended storage contract among the State, the City and the Trust;

(5)

to authorize and direct the Secretary to approve the amended storage contract for the Corps of Engineers to perform all obligations under the 1974 storage contract, the amended storage contract, and this section; and

(6)

to authorize all actions necessary for the United States to meet its obligations under the Settlement Agreement, the amended storage contract, and this section.

(b)

Definitions.— In this section:

(1)

1974 storage contract.— The term “1974 storage contract” means the contract approved by the Secretary on April 9, 1974, between the Secretary and the Water Conservation Storage Commission of the State of Oklahoma pursuant to section 301 of the Water Supply Act of 1958, and other applicable Federal law.

(2)

2010 agreement.— The term “2010 agreement” means the agreement entered into among the OWRB and the Trust, dated June 15, 2010, relating to the assignment by the State of the 1974 storage contract and transfer of rights, title, interests, and obligations under that contract to the Trust, including the interests of the State in the conservation storage capacity and associated repayment obligations to the United States.

(3)

Administrative set-aside subcontracts.— The term “administrative set-aside subcontracts” means the subcontracts the City shall issue for the use of Conservation Storage Capacity in Sardis Lake as provided by section 4 of the amended storage contract.

(4)

Allotment.— The term “allotment” means the land within the Settlement Area held by an allottee subject to a statutory restriction on alienation or held by the United States in trust for the benefit of an allottee.

(5)

Allottee.— The term “allottee” means an enrolled member of the Choctaw Nation or citizen of the Chickasaw Nation who, or whose estate, holds an interest in an allotment.

(6)

Amended permit application.— The term “amended permit application” means the permit application of the City to the OWRB, No. 2007–17, as amended as provided by the Settlement Agreement.

(7)

Amended storage contract transfer agreement; amended storage contract.— The terms “amended storage contract transfer agreement” and “amended storage contract” mean the 2010 Agreement between the City, the Trust, and the OWRB, as amended, as provided by the Settlement Agreement and this section.

(8)

Atoka and sardis conservation projects fund.— The term “Atoka and Sardis Conservation Projects Fund” means the Atoka and Sardis Conservation Projects Fund established, funded, and managed in accordance with the Settlement Agreement.

(9)

City.— The term “City” means the City of Oklahoma City, or the City and the Trust acting jointly, as applicable.

(10)

City permit.— The term “City permit” means any permit issued to the City by the OWRB pursuant to the amended permit application and consistent with the Settlement Agreement.

(11)

Conservation storage capacity.— The term “conservation storage capacity” means the total storage space as stated in the 1974 storage contract in Sardis Lake between elevations 599.0 feet above mean sea level and 542.0 feet above mean sea level, which is estimated to contain 297,200 acre-feet of water after adjustment for sediment deposits, and which may be used for municipal and industrial water supply, fish and wildlife, and recreation.

(12)

Enforceability date.— The term “enforceability date” means the date on which the Secretary of the Interior publishes in the Federal Register a notice certifying that the conditions of subsection (i) have been satisfied.

(13)

Future use storage.— The term “future use storage” means that portion of the conservation storage capacity that was designated by the 1974 Contract to be utilized for future water use storage and was estimated to contain 155,500 acre feet of water after adjustment for sediment deposits, or 52.322 percent of the conservation storage capacity.

(14)

Nations.— The term “Nations” means, collectively, the Choctaw Nation of Oklahoma (“Choctaw Nation”) and the Chickasaw Nation.

(15)

Owrb.— The term “OWRB” means the Oklahoma Water Resources Board.

(16)

Sardis lake.— The term “Sardis Lake” means the reservoir, formerly known as Clayton Lake, whose dam is located in Section 19, Township 2 North, Range 19 East of the Indian Meridian, Pushmataha County, Oklahoma, the construction, operation, and maintenance of which was authorized by section 203 of the Flood Control Act of 1962 (Public Law 87–874; 76 Stat. 1187).

(17)

Settlement agreement.— The term “Settlement Agreement” means the settlement agreement as approved by the Nations, the State, the City, and the Trust effective August 22, 2016, as revised to conform with this section, as applicable.

(18)

Settlement area.— The term “settlement area” means—

(A)

the area lying between—

(i)

the South Canadian River and Arkansas River to the north;

(ii)

the Oklahoma–Texas State line to the south;

(iii)

the Oklahoma–Arkansas State line to the east; and

(iv)

the 98th Meridian to the west; and

(B)

the area depicted in Exhibit 1 to the Settlement Agreement and generally including the following counties, or portions of, in the State:

(i)

Atoka.

(ii)

Bryan.

(iii)

Carter.

(iv)

Choctaw.

(v)

Coal.

(vi)

Garvin.

(vii)

Grady.

(viii)

McClain.

(ix)

Murray.

(x)

Haskell.

(xi)

Hughes.

(xii)

Jefferson.

(xiii)

Johnston.

(xiv)

Latimer.

(xv)

LeFlore.

(xvi)

Love.

(xvii)

Marshall.

(xviii)

McCurtain.

(xix)

Pittsburgh.

(xx)

Pontotoc.

(xxi)

Pushmataha.

(xxii)

Stephens.

(19)

Settlement area waters.— The term “settlement area waters” means the waters located—

(A)

within the settlement area; and

(B)

within a basin depicted in Exhibit 10 to the Settlement Agreement, including any of the following basins as denominated in the 2012 Update of the Oklahoma Comprehensive Water Plan:

(i)

Beaver Creek (24, 25, and 26).

(ii)

Blue (11 and 12).

(iii)

Clear Boggy (9).

(iv)

Kiamichi (5 and 6).

(v)

Lower Arkansas (46 and 47).

(vi)

Lower Canadian (48, 56, 57, and 58).

(vii)

Lower Little (2).

(viii)

Lower Washita (14).

(ix)

Mountain Fork (4).

(x)

Middle Washita (15 and 16).

(xi)

Mud Creek (23).

(xii)

Muddy Boggy (7 and 8).

(xiii)

Poteau (44 and 45).

(xiv)

Red River Mainstem (1, 10, 13, and 21).

(xv)

Upper Little (3).

(xvi)

Walnut Bayou (22).

(20)

State.— The term “State” means the State of Oklahoma.

(21)

Trust.—

(A)

In general.— The term “Trust” means the Oklahoma City Water Utilities Trust, formerly known as the Oklahoma City Municipal Improvement Authority, a public trust established pursuant to State law with the City as the beneficiary.

(B)

References.— A reference in this section to “Trust” refers to the Oklahoma City Water Utilities Trust, acting severally.

(22)

United states.— The term “United States” means the United States of America acting in its capacity as trustee for the Nations, their respective members, citizens, and allottees, or as specifically stated or limited in any given reference herein, in which case it means the United States of America acting in the capacity as set forth in said reference.

(c)

Approval of the Settlement Agreement.—

(1)

Ratification.—

(A)

In general.— Except as modified by this section, and to the extent the Settlement Agreement does not conflict with this section, the Settlement Agreement is authorized, ratified, and confirmed.

(B)

Amendments.— If an amendment is executed to make the Settlement Agreement consistent with this section, the amendment is also authorized, ratified and confirmed to the extent the amendment is consistent with this section.

(2)

Execution of settlement agreement.—

(A)

In general.— To the extent the Settlement Agreement does not conflict with this section, the Secretary of the Interior shall promptly execute the Settlement Agreement, including all exhibits to or parts of the Settlement Agreement requiring the signature of the Secretary of the Interior and any amendments necessary to make the Settlement Agreement consistent with this section.

(B)

Not a major federal action.— Execution of the Settlement Agreement by the Secretary of the Interior under this subsection shall not constitute a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(d)

Approval of the Amended Storage Contract and 1974 Storage Contract.—

(1)

Ratification.—

(A)

In general.— Except to the extent any provision of the amended storage contract conflicts with any provision of this section, the amended storage contract is authorized, ratified, and confirmed.

(B)

1974 storage contract.— To the extent the amended storage contract, as authorized, ratified, and confirmed, modifies or amends the 1974 storage contract, the modification or amendment to the 1974 storage contract is authorized, ratified, and confirmed.

(C)

Amendments.— To the extent an amendment is executed to make the amended storage contract consistent with this section, the amendment is authorized, ratified, and confirmed.

(2)

Approval by the secretary.— After the State and the City execute the amended storage contract, the Secretary shall approve the amended storage contract.

(3)

Modification of september 11, 2009, order in united states v. oklahoma water resources board, civ 98–00521 (n.d. ok).— The Secretary, through counsel, shall cooperate and work with the State to file any motion and proposed order to modify or amend the order of the United States District Court for the Northern District of Oklahoma dated September 11, 2009, necessary to conform the order to the amended storage contract transfer agreement, the Settlement Agreement, and this section.

(4)

Conservation storage capacity.— The allocation of the use of the conservation storage capacity in Sardis Lake for administrative set-aside subcontracts, City water supply, and fish and wildlife and recreation as provided by the amended storage contract is authorized, ratified and approved.

(5)

Activation; waiver.—

(A)

Findings.— Congress finds that—

(i)

the earliest possible activation of any increment of future use storage in Sardis Lake will not occur until after 2050; and

(ii)

the obligation to make annual payments for the Sardis future use storage operation, maintenance and replacement costs, capital costs, or interest attributable to Sardis future use storage only arises if, and only to the extent, that an increment of Sardis future use storage is activated by withdrawal or release of water from the future use storage that is authorized by the user for a consumptive use of water.

(B)

Waiver of obligations for storage that is not activated.— Notwithstanding section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b), section 203 of the Flood Control Act of 1962 (Public Law 87–874; 76 Stat. 1187), the 1974 storage contract, or any other provision of law, effective as of January 1, 2050—

(i)

the entirety of any repayment obligations (including interest), relating to that portion of conservation storage capacity allocated by the 1974 storage contract to future use storage in Sardis Lake is waived and shall be considered nonreimbursable; and

(ii)

any obligation of the State and, on execution and approval of the amended storage contract, of the City and the Trust, under the 1974 storage contract regarding capital costs and any operation, maintenance, and replacement costs and interest otherwise attributable to future use storage in Sardis Lake is waived and shall be nonreimbursable, if by January 1, 2050, the right to future use storage is not activated by the withdrawal or release of water from future use storage for an authorized consumptive use of water.

(6)

Consistent with authorized purposes; no major operational change.—

(A)

Consistent with authorized purpose.— The amended storage contract, the approval of the Secretary of the amended storage contract, and the waiver of future use storage under paragraph (5)—

(i)

are deemed consistent with the authorized purposes for Sardis Lake as described in section 203 of the Flood Control Act of 1962 (Public Law 87–874; 76 Stat. 1187) and do not affect the authorized purposes for which the project was authorized, surveyed, planned, and constructed; and

(ii)

shall not constitute a reallocation of storage.

(B)

No major operational change.— The amended storage contract, the approval of the Secretary of the amended storage contract, and the waiver of future use storage under paragraph (5) shall not constitute a major operational change under section 301(e) of the Water Supply Act of 1958 (43 U.S.C. 390b(e)).

(7)

No further authorization required.— This section shall be considered sufficient and complete authorization, without further study or analysis, for—

(A)

the Secretary to approve the amended storage contract; and

(B)

after approval under subparagraph (A), the Corps of Engineers to manage storage in Sardis Lake pursuant to and in accordance with the 1974 storage contract, the amended storage contract, and the Settlement Agreement.

(e)

Settlement Area Waters.—

(1)

Findings.— Congress finds that—

(A)

pursuant to the Atoka Agreement as ratified by section 29 of the Act of June 28, 1898 (30 Stat. 505, chapter 517) (as modified by the Act of July 1, 1902 (32 Stat. 641, chapter 1362)), the Nations issued patents to their respective tribal members and citizens and thereby conveyed to individual Choctaws and Chickasaws, all right, title, and interest in and to land that was possessed by the Nations, other than certain mineral rights; and

(B)

when title passed from the Nations to their respective tribal members and citizens, the Nations did not convey and those individuals did not receive any right of regulatory or sovereign authority, including with respect to water.

(2)

Permitting, allocation, and administration of settlement area waters pursuant to the settlement agreement.— Beginning on the enforceability date, settlement area waters shall be permitted, allocated, and administered by the OWRB in accordance with the Settlement Agreement and this section.

(3)

Choctaw nation and chickasaw nation.— Beginning on the enforceability date, the Nations shall have the right to use and to develop the right to use settlement area waters only in accordance with the Settlement Agreement and this section.

(4)

Waiver and delegation by nations.— In addition to the waivers under subsection (h), the Nations, on their own behalf, shall permanently delegate to the State any regulatory authority each Nation may possess over water rights on allotments, which the State shall exercise in accordance with the Settlement Agreement and this subsection.

(5)

Right to use water.—

(A)

In general.— An allottee may use water on an allotment in accordance with the Settlement Agreement and this subsection.

(B)

Surface water use.—

(i)

In general.— An allottee may divert and use, on the allotment of the allottee, 6 acre-feet per year of surface water per 160 acres, to be used solely for domestic uses on an allotment that constitutes riparian land under applicable State law as of the date of enactment of this Act.

(ii)

Effect of state law.— The use of surface water described in clause (i) shall be subject to all rights and protections of State law, as of the date of enactment of this Act, including all protections against loss for nonuse.

(iii)

No permit required.— An allottee may divert water under this subsection without a permit or any other authorization from the OWRB.

(C)

Groundwater use.—

(i)

In general.— An allottee may drill wells on the allotment of the allottee to take and use for domestic uses the greater of—

(I)

5 acre-feet per year; or

(II)

any greater quantity allowed under State law.

(ii)

Effect of state law.— The groundwater use described in clause (i) shall be subject to all rights and protections of State law, as of the date of enactment of this Act, including all protections against loss for nonuse.

(iii)

No permit required.— An allottee may drill wells and use water under this subsection without a permit or any other authorization from the OWRB.

(D)

Future changes in state law.—

(i)

In general.— If State law changes to limit use of water to a quantity that is less than the applicable quantity specified in subparagraph (B) or (C), as applicable, an allottee shall retain the right to use water in accord with those subparagraphs, subject to paragraphs (6)(B)(iv) and (7).

(ii)

Opportunity to be heard.— Prior to taking any action to limit the use of water by an individual, the OWRB shall provide to the individual an opportunity to demonstrate that the individual is—

(I)

an allottee; and

(II)

using water on the allotment pursuant to and in accordance with the Settlement Agreement and this section.

(6)

Allottee options for additional water.—

(A)

In general.— To use a quantity of water in excess of the quantities provided under paragraph (5), an allottee shall—

(i)

file an action under subparagraph (B); or

(ii)

apply to the OWRB for a permit pursuant to, and in accordance with, State law.

(B)

Determination in federal district court.—

(i)

In general.— In lieu of applying to the OWRB for a permit to use more water than is allowed under paragraph (5), an allottee may file an action in the United States District Court for the Western District of Oklahoma for determination of the right to water of the allottee. At least 90 days prior to filing such an action, the allottee shall provide written notice of the suit to the United States and the OWRB. For the United States, notice shall be provided to the Solicitor’s Office, Department of the Interior, Washington D.C., and to the Office of the Regional Director of the Muskogee Region, Bureau of Indian Affairs, Department of the Interior.

(ii)

Jurisdiction.— For purposes of this subsection—

(I)

the United States District Court for the Western District of Oklahoma shall have jurisdiction; and

(II)

as part of the complaint, the allottee shall include certification of the pre-filing notice to the United States and OWRB required by subparagraph (B)(i). If such certification is not included with the complaint, the complaint will be deemed filed 90 days after such certification is complete and filed with the court. Within 60 days after the complaint is filed or deemed filed or within such extended time as the District Court in its discretion may permit, the United States may appear or intervene. After such appearance, intervention or the expiration of the said 60 days or any extension thereof, the proceedings and judgment in such action shall bind the United States and the parties thereto without regard to whether the United States elects to appear or intervene in such action.

(iii)

Requirements.— An allottee filing an action pursuant to this subparagraph shall—

(I)

join the OWRB as a party; and

(II)

publish notice in a newspaper of general circulation within the Settlement Area Hydrologic Basin for 2 consecutive weeks, with the first publication appearing not later than 30 days after the date on which the action is filed.

(iv)

Determination final.—

(I)

In general.— Subject to subclause (II), if an allottee elects to have the rights of the allottee determined pursuant to this subparagraph, the determination shall be final as to any rights under Federal law and in lieu of any rights to use water on an allotment as provided in paragraph (5).

(II)

Reservation of rights.— Subclause (I) shall not preclude an allottee from—

(aa)

applying to the OWRB for water rights pursuant to State law; or

(bb)

using any rights allowed by State law that do not require a permit from the OWRB.

(7)

OWRB administration and enforcement.—

(A)

In general.— If an allottee exercises any right under paragraph (5) or has rights determined under paragraph (6)(B), the OWRB shall have jurisdiction to administer those rights.

(B)

Challenges.— An allottee may challenge OWRB administration of rights determined under this paragraph, in the United States District Court for the Western District of Oklahoma.

(8)

Prior existing state law rights.— Water rights held by an allottee as of the enforceability date pursuant to a permit issued by the OWRB shall be governed by the terms of that permit and applicable State law (including regulations).

(f)

City Permit for Appropriation of Stream Water From the Kiamichi River.— The City permit shall be processed, evaluated, issued, and administered consistent with and in accordance with the Settlement Agreement and this section.

(g)

Settlement Commission.—

(1)

Establishment.— There is established a Settlement Commission.

(2)

Members.—

(A)

In general.— The Settlement Commission shall be comprised of 5 members, appointed as follows:

(i)

1 by the Governor of the State.

(ii)

1 by the Attorney General of the State.

(iii)

1 by the Chief of the Choctaw Nation.

(iv)

1 by the Governor of the Chickasaw Nation.

(v)

1 by agreement of the members described in clauses (i) through (iv).

(B)

Jointly appointed member.— If the members described in clauses (i) through (iv) of subparagraph (A) do not agree on a member appointed pursuant to subparagraph (A)(v)—

(i)

the members shall submit to the Chief Judge for the United States District Court for the Eastern District of Oklahoma, a list of not less than 3 persons; and

(ii)

from the list under clause (i), the Chief Judge shall make the appointment.

(C)

Initial appointments.— The initial appointments to the Settlement Commission shall be made not later than 90 days after the enforceability date.

(3)

Member terms.—

(A)

In general.— Each Settlement Commission member shall serve at the pleasure of appointing authority.

(B)

Compensation.— A member of the Settlement Commission shall serve without compensation, but an appointing authority may reimburse the member appointed by the entity for costs associated with service on the Settlement Commission.

(C)

Vacancies.— If a member of the Settlement Commission is removed or resigns, the appointing authority shall appoint the replacement member.

(D)

Jointly appointed member.— The member of the Settlement Commission described in paragraph (2)(A)(v) may be removed or replaced by a majority vote of the Settlement Commission based on a failure of the member to carry out the duties of the member.

(4)

Duties.— The duties and authority of the Settlement Commission shall be set forth in the Settlement Agreement, and the Settlement Commission shall not possess or exercise any duty or authority not stated in the Settlement Agreement.

(h)

Waivers and Releases of Claims.—

(1)

Claims by the nations and the united states as trustee for the nations.— Subject to the retention of rights and claims provided in paragraph (3) and except to the extent that rights are recognized in the Settlement Agreement or this section, the Nations, each in its own right and on behalf of itself and its respective citizens and members (but not individuals in their capacities as allottees), and the United States, acting as a trustee for the Nations (but not individuals in their capacities as allottees), shall execute a waiver and release of—

(A)

all of the following claims asserted or which could have been asserted in any proceeding filed or that could have been filed during the period ending on the enforceability date, including Chickasaw Nation, Choctaw Nation v. Fallin et al., CIV 11–927 (W.D. Ok.), OWRB v. United States, et al. CIV 12–275 (W.D. Ok.), or any general stream adjudication, relating to—

(i)

claims to the ownership of water in the State;

(ii)

claims to water rights and rights to use water diverted or taken from a location within the State;

(iii)

claims to authority over the allocation and management of water and administration of water rights, including authority over third-party ownership of or rights to use water diverted or taken from a location within the State and ownership or use of water on allotments by allottees or any other person using water on an allotment with the permission of an allottee;

(iv)

claims that the State lacks authority over the allocation and management of water and administration of water rights, including authority over the ownership of or rights to use water diverted or taken from a location within the State;

(v)

any other claim relating to the ownership of water, regulation of water, or authorized diversion, storage, or use of water diverted or taken from a location within the State, which claim is based on the status of the Chickasaw Nation’s or the Choctaw Nation’s unique sovereign status and rights as defined by Federal law and alleged to arise from treaties to which they are signatories, including but not limited to the Treaty of Dancing Rabbit Creek, Act of Sept. 30, 1830, 7 Stat. 333, Treaty of Doaksville, Act of Jan. 17, 1837, 11 Stat. 573, and the related March 23, 1842, patent to the Choctaw Nation; and

(vi)

claims or defenses asserted or which could have been asserted in Chickasaw Nation, Choctaw Nation v. Fallin et al., CIV 11–927 (W.D. Ok.), OWRB v. United States, et al. CIV 12–275 (W.D. Ok.), or any general stream adjudication;

(B)

all claims for damages, losses or injuries to water rights or water, or claims of interference with, diversion, storage, taking, or use of water (including claims for injury to land resulting from the damages, losses, injuries, interference with, diversion, storage, taking, or use of water) attributable to any action by the State, the OWRB, or any water user authorized pursuant to State law to take or use water in the State, including the City, that accrued during the period ending on the enforceability date;

(C)

all claims and objections relating to the amended permit application, and the City permit, including—

(i)

all claims regarding regulatory control over or OWRB jurisdiction relating to the permit application and permit; and

(ii)

all claims for damages, losses or injuries to water rights or rights to use water, or claims of interference with, diversion, storage, taking, or use of water (including claims for injury to land resulting from the damages, losses, injuries, interference with, diversion, storage, taking, or use of water) attributable to the issuance and lawful exercise of the City permit;

(D)

all claims to regulatory control over the Permit Numbers P80–48 and 54–613 of the City for water rights from the Muddy Boggy River for Atoka Reservoir and P73–282D for water rights from the Muddy Boggy River, including McGee Creek, for the McGee Creek Reservoir;

(E)

all claims that the State lacks regulatory authority over or OWRB jurisdiction relating to Permit Numbers P80–48 and 54–613 for water rights from the Muddy Boggy River for Atoka Reservoir and P73–282D for water rights from the Muddy Boggy River, including McGee Creek, for the McGee Creek Reservoir;

(F)

all claims to damages, losses or injuries to water rights or water, or claims of interference with, diversion, storage, taking, or use of water (including claims for injury to land resulting from such damages, losses, injuries, interference with, diversion, storage, taking, or use of water) attributable to the lawful exercise of Permit Numbers P80–48 and 54–613 for water rights from the Muddy Boggy River for Atoka Reservoir and P73–282D for water rights from the Muddy Boggy River, including McGee Creek, for the McGee Creek Reservoir, that accrued during the period ending on the enforceability date;

(G)

all claims and objections relating to the approval by the Secretary of the assignment of the 1974 storage contract pursuant to the amended storage contract; and

(H)

all claims for damages, losses, or injuries to water rights or water, or claims of interference with, diversion, storage, taking, or use of water (including claims for injury to land resulting from such damages, losses, injuries, interference with, diversion, storage, taking, or use of water) attributable to the lawful exercise of rights pursuant to the amended storage contract.

(2)

Waivers and releases of claims by the nations against the united states.— Subject to the retention of rights and claims provided in paragraph (3) and except to the extent that rights are recognized in the Settlement Agreement or this section, the Nations are authorized to execute a waiver and release of all claims against the United States (including any agency or employee of the United States) relating to—

(A)

all of the following claims asserted or which could have been asserted in any proceeding filed or that could have been filed by the United States as a trustee during the period ending on the enforceability date, including Chickasaw Nation, Choctaw Nation v. Fallin et al., CIV 11–927 (W.D. Ok.) or OWRB v. United States, et al. CIV 12–275 (W.D. Ok.), or any general stream adjudication, relating to—

(i)

claims to the ownership of water in the State;

(ii)

claims to water rights and rights to use water diverted or taken from a location within the State;

(iii)

(iv)

(v)

(vi)

(B)

(C)

all claims and objections relating to the amended permit application, and the City permit, including—

(i)

all claims regarding regulatory control over or OWRB jurisdiction relating to the permit application and permit; and

(ii)

(D)

all claims to regulatory control over the Permit Numbers P80–48 and 54–613 for water rights from the Muddy Boggy River for Atoka Reservoir and P73–282D for water rights from the Muddy Boggy River, including McGee Creek, for the McGee Creek Reservoir;

(E)

(F)

all claims to damages, losses or injuries to water rights or water, or claims of interference with, diversion, storage, taking, or use of water (including claims for injury to land resulting from the damages, losses, injuries, interference with, diversion, storage, taking, or use of water) attributable to the lawful exercise of Permit Numbers P80–48 and 54–613 for water rights from the Muddy Boggy River for Atoka Reservoir and P73–282D for water rights from the Muddy Boggy River, including McGee Creek, for the McGee Creek Reservoir, that accrued during the period ending on the enforceability date;

(G)

all claims and objections relating to the approval by the Secretary of the assignment of the 1974 storage contract pursuant to the amended storage contract;

(H)

all claims relating to litigation brought by the United States prior to the enforceability date of the water rights of the Nations in the State; and

(I)

all claims relating to the negotiation, execution, or adoption of the Settlement Agreement (including exhibits) or this section.

(3)

Retention and reservation of claims by nations and the united states.—

(A)

In general.— Notwithstanding the waiver and releases of claims authorized under paragraphs (1) and (2), the Nations and the United States, acting as trustee, shall retain—

(i)

all claims for enforcement of the Settlement Agreement and this section;

(ii)

all rights to use and protect any water right of the Nations recognized by or established pursuant to the Settlement Agreement, including the right to assert claims for injuries relating to the rights and the right to participate in any general stream adjudication, including any inter se proceeding;

(iii)

all claims under—

(I)

the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including for damages to natural resources;

(II)

the Safe Drinking Water Act (42 U.S.C. 300f et seq.);

(III)

the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and

(IV)

any regulations implementing the Acts described in items (I) through (III);

(iv)

all claims relating to damage, loss, or injury resulting from an unauthorized diversion, use, or storage of water, including damages, losses, or injuries to land or nonwater natural resources associated with any hunting, fishing, gathering, or cultural right; and

(v)

all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this section or the Settlement Agreement.

(B)

Agreement.—

(i)

In general.— As provided in the Settlement Agreement, the Chickasaw Nation shall convey an easement to the City, which easement shall be as described and depicted in Exhibit 15 to the Settlement Agreement.

(ii)

Application.— The Chickasaw Nation and the City shall cooperate and coordinate on the submission of an application for approval by the Secretary of the Interior of the conveyance under clause (i), in accordance with applicable Federal law.

(iii)

Recording.— On approval by the Secretary of the Interior of the conveyance of the easement under this clause, the City shall record the easement.

(iv)

Consideration.— In exchange for conveyance of the easement under clause (i), the City shall pay to the Chickasaw Nation the value of past unauthorized use and consideration for future use of the land burdened by the easement, based on an appraisal secured by the City and Nations and approved by the Secretary of the Interior.

(4)

Effective date of waiver and releases.— The waivers and releases under this subsection take effect on the enforceability date.

(5)

Tolling of claims.— Each applicable period of limitation and time-based equitable defense relating to a claim described in this subsection shall be tolled during the period beginning on the date of enactment of this Act and ending on the earlier of the enforceability date or the expiration date under subsection (i)(2).

(i)

Enforceability Date.—

(1)

In general.— The Settlement Agreement shall take effect and be enforceable on the date on which the Secretary of the Interior publishes in the Federal Register a certification that—

(A)

to the extent the Settlement Agreement conflicts with this section, the Settlement Agreement has been amended to conform with this section;

(B)

the Settlement Agreement, as amended, has been executed by the Secretary of the Interior, the Nations, the Governor of the State, the OWRB, the City, and the Trust;

(C)

to the extent the amended storage contract conflicts with this section, the amended storage contract has been amended to conform with this section;

(D)

the amended storage contract, as amended to conform with this section, has been—

(i)

executed by the State, the City, and the Trust; and

(ii)

approved by the Secretary;

(E)

an order has been entered in United States v. Oklahoma Water Resources Board, Civ. 98–C–521–E with any modifications to the order dated September 11, 2009, as provided in the Settlement Agreement;

(F)

orders of dismissal have been entered in Chickasaw Nation, Choctaw Nation v. Fallin et al., Civ 11–297 (W.D. Ok.) and OWRB v. United States, et al. Civ 12–275 (W.D. Ok.) as provided in the Settlement Agreement;

(G)

the OWRB has issued the City Permit;

(H)

the final documentation of the Kiamichi Basin hydrologic model is on file at the Oklahoma City offices of the OWRB; and

(I)

the Atoka and Sardis Conservation Projects Fund has been funded as provided in the Settlement Agreement.

(2)

Expiration date.— If the Secretary of the Interior fails to publish a statement of findings under paragraph (1) by not later than September 30, 2020, or such alternative later date as is agreed to by the Secretary of the Interior, the Nations, the State, the City, and the Trust under paragraph (4), the following shall apply:

(A)

This section, except for this subsection and any provisions of this section that are necessary to carry out this subsection (but only for purposes of carrying out this subsection) are not effective beginning on September 30, 2020, or the alternative date.

(B)

The waivers and release of claims, and the limited waivers of sovereign immunity, shall not become effective.

(C)

The Settlement Agreement shall be null and void, except for this paragraph and any provisions of the Settlement Agreement that are necessary to carry out this paragraph.

(D)

Except with respect to this paragraph, the State, the Nations, the City, the Trust, and the United States shall not be bound by any obligations or benefit from any rights recognized under the Settlement Agreement.

(E)

If the City permit has been issued, the permit shall be null and void, except that the City may resubmit to the OWRB, and the OWRB shall be considered to have accepted, OWRB permit application No. 2007–017 without having waived the original application priority date and appropriative quantities.

(F)

If the amended storage contract has been executed or approved, the contract shall be null and void, and the 2010 agreement shall be considered to be in force and effect as between the State and the Trust.

(G)

If the Atoka and Sardis Conservation Projects Fund has been established and funded, the funds shall be returned to the respective funding parties with any accrued interest.

(3)

No prejudice.— The occurrence of the expiration date under paragraph (2) shall not in any way prejudice—

(A)

any argument or suit that the Nations may bring to contest—

(i)

the pursuit by the City of OWRB permit application No. 2007–017, or a modified version; or

(ii)

the 2010 agreement;

(B)

any argument, defense, or suit the State may bring or assert with regard to the claims of the Nations to water or over water in the settlement area; or

(C)

any argument, defense or suit the City may bring or assert—

(i)

with regard to the claims of the Nations to water or over water in the settlement area relating to OWRB permit application No. 2007–017, or a modified version; or

(ii)

to contest the 2010 agreement.

(4)

Extension.— The expiration date under paragraph (2) may be extended in writing if the Nations, the State, the OWRB, the United States, and the City agree that an extension is warranted.

(j)

Jurisdiction, Waivers of Immunity for Interpretation and Enforcement.—

(1)

Jurisdiction.—

(A)

In general.—

(i)

Exclusive jurisdiction.— The United States District Court for the Western District of Oklahoma shall have exclusive jurisdiction for all purposes and for all causes of action relating to the interpretation and enforcement of the Settlement Agreement, the amended storage contract, or interpretation or enforcement of this section, including all actions filed by an allottee pursuant to subsection (e)(6)(B).

(ii)

Right to bring action.— The Choctaw Nation, the Chickasaw Nation, the State, the City, the Trust, and the United States shall each have the right to bring an action pursuant to this section.

(iii)

No action in other courts.— No action may be brought in any other Federal, Tribal, or State court or administrative forum for any purpose relating to the Settlement Agreement, amended storage contract, or this section.

(iv)

No monetary judgment.— Nothing in this section authorizes any money judgment or otherwise allows the payment of funds by the United States, the Nations, the State (including the OWRB), the City, or the Trust.

(B)

Notice and conference.— An entity seeking to interpret or enforce the Settlement Agreement shall comply with the following:

(i)

Any party asserting noncompliance or seeking interpretation of the Settlement Agreement or this section shall first serve written notice on the party alleged to be in breach of the Settlement Agreement or violation of this section.

(ii)

The notice under clause (i) shall identify the specific provision of the Settlement Agreement or this section alleged to have been violated or in dispute and shall specify in detail the contention of the party asserting the claim and any factual basis for the claim.

(iii)

Representatives of the party alleging a breach or violation and the party alleged to be in breach or violation shall meet not later than 30 days after receipt of notice under clause (i) in an effort to resolve the dispute.

(iv)

If the matter is not resolved to the satisfaction of the party alleging breach not later than 90 days after the original notice under clause (i), the party may take any appropriate enforcement action consistent with the Settlement Agreement and this subsection.

(2)

Limited waivers of sovereign immunity.—

(A)

In general.— The United States and the Nations may be joined in an action filed in the United States District Court for the Western District of Oklahoma.

(B)

United states immunity.— Any claim by the United States to sovereign immunity from suit is irrevocably waived for any action brought by the State, the Chickasaw Nation, the Choctaw Nation, the City, or the Trust in the Western District of Oklahoma relating to interpretation or enforcement of the Settlement Agreement or this section, including of the appellate jurisdiction of the United States Court of Appeals for the Tenth Circuit and the Supreme Court of the United States.

(C)

Chickasaw nation immunity.— For the exclusive benefit of the State (including the OWRB), the City, the Trust, the Choctaw Nation, and the United States, the sovereign immunity of the Chickasaw Nation from suit is waived solely for any action brought in the Western District of Oklahoma relating to interpretation or enforcement of the Settlement Agreement or this section, if the action is brought by the State or the OWRB, the City, the Trust, the Choctaw Nation, or the United States, including the appellate jurisdiction of the United States Court of Appeals for the Tenth Circuit and the Supreme Court of the United States.

(D)

Choctaw nation immunity.— For the exclusive benefit of the State (including of the OWRB), the City, the Trust, the Chickasaw Nation, and the United States, the Choctaw Nation shall expressly and irrevocably consent to a suit and waive sovereign immunity from a suit solely for any action brought in the Western District of Oklahoma relating to interpretation or enforcement of the Settlement Agreement or this section, if the action is brought by the State, the OWRB, the City, the Trust, the Chickasaw Nation, or the United States, including the appellate jurisdiction of the United States Court of Appeals for the Tenth Circuit and the Supreme Court of the United States.

(k)

Disclaimer.—

(1)

In general.— The Settlement Agreement applies only to the claims and rights of the Nations.

(2)

No precedent.— Nothing in this section or the Settlement Agreement shall be construed in any way to quantify, establish, or serve as precedent regarding the land and water rights, claims, or entitlements to water of any American Indian Tribe other than the Nations, including any other American Indian Tribe in the State.

(3)

Limitation.— Nothing in the Settlement Agreement—

(A)

affects the ability of the United States, acting as sovereign, to take actions authorized by law, including any laws related to health, safety, or the environment, including—

(i)

the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.);

(ii)

the Safe Drinking Water Act (42 U.S.C. 300f et seq.);

(iii)

the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and

(iv)

any regulations implementing the Acts described in this section;

(B)

affects the ability of the United States to raise defenses based on 43 U.S.C. 666(a); and

(C)

affects any rights, claims, or defenses the United States may have with respect to the use of water on Federal lands in the Settlement Area that are not trust lands or Allotments.

Subtitle G Blackfeet Water Rights Settlement

SEC. 3701. Short Title.

This subtitle may be cited as the “Blackfeet Water Rights Settlement Act”.

SEC. 3702. Purposes.

The purposes of this subtitle are—

(1)

to achieve a fair, equitable, and final settlement of claims to water rights in the State of Montana for—

(A)

the Blackfeet Tribe of the Blackfeet Indian Reservation; and

(B)

the United States, for the benefit of the Tribe and allottees;

(2)

to authorize, ratify, and confirm the water rights compact entered into by the Tribe and the State, to the extent that the Compact is consistent with this subtitle;

(3)

to authorize and direct the Secretary of the Interior—

(A)

to execute the Compact; and

(B)

to take any other action necessary to carry out the Compact in accordance with this subtitle; and

(4)

to authorize funds necessary for the implementation of the Compact and this subtitle.

SEC. 3703. Definitions.

In this subtitle:

(1)

Allottee.— The term “allottee” means any individual who holds a beneficial real property interest in an allotment of Indian land that is—

(A)

located within the Reservation; and

(B)

held in trust by the United States.

(2)

Birch creek agreement.— The term “Birch Creek Agreement” means—

(A)

the agreement between the Tribe and the State regarding Birch Creek water use dated January 31, 2008 (as amended on February 13, 2009); and

(B)

any amendment or exhibit (including exhibit amendments) to that agreement that is executed in accordance with this subtitle.

(3)

Blackfeet irrigation project.— The term “Blackfeet Irrigation Project” means the irrigation project authorized by the matter under the heading “Montana” of title II of the Act of March 1, 1907 (34 Stat. 1035, chapter 2285), and administered by the Bureau of Indian Affairs.

(4)

Compact.— The term “Compact” means—

(A)

the Blackfeet-Montana water rights compact dated April 15, 2009, as contained in section 85–20–1501 of the Montana Code Annotated (2015); and

(B)

any amendment or exhibit (including exhibit amendments) to the Compact that is executed to make the Compact consistent with this subtitle.

(5)

Enforceability date.— The term “enforceability date” means the date described in section 3720(f).

(6)

Lake elwell.— The term “Lake Elwell” means the water impounded on the Marias River in the State by Tiber Dam, a feature of the Lower Marias Unit of the Pick-Sloan Missouri River Basin Program authorized by section 9 of the Act of December 22, 1944 (commonly known as the “Flood Control Act of 1944”) (58 Stat. 891, chapter 665).

(7)

Milk river basin.— The term “Milk River Basin” means the North Fork, Middle Fork, South Fork, and main stem of the Milk River and tributaries, from the headwaters to the confluence with the Missouri River.

(8)

Milk river project.—

(A)

In general.— The term “Milk River Project” means the Bureau of Reclamation project conditionally approved by the Secretary on March 14, 1903, pursuant to the Act of June 17, 1902 (32 Stat. 388, chapter 1093), commencing at Lake Sherburne Reservoir and providing water to a point approximately 6 miles east of Nashua, Montana.

(B)

Inclusions.— The term “Milk River Project” includes—

(i)

the St. Mary Unit;

(ii)

the Fresno Dam and Reservoir; and

(iii)

the Dodson pumping unit.

(9)

Milk river project water rights.— The term “Milk River Project water rights” means the water rights held by the Bureau of Reclamation on behalf of the Milk River Project, as finally adjudicated by the Montana Water Court.

(10)

Milk river water right.— The term “Milk River water right” means the portion of the Tribal water rights described in article III.F of the Compact and this subtitle.

(11)

Missouri river basin.— The term “Missouri River Basin” means the hydrologic basin of the Missouri River (including tributaries).

(12)

MR&I system.— The term “MR&I System” means the intake, treatment, pumping, storage, pipelines, appurtenant items, and any other feature of the system, as generally described in the document entitled “Blackfeet Regional Water System”, prepared by DOWL HKM, and dated June 2010, and modified by DOWL HKM, as set out in the addendum to the report dated March 2013.

(13)

OM&R.— The term “OM&R” means—

(A)

any recurring or ongoing activity associated with the day-to-day operation of a project;

(B)

any activity relating to scheduled or unscheduled maintenance of a project; and

(C)

any activity relating to replacing a feature of a project.

(14)

Reservation.— The term “Reservation” means the Blackfeet Indian Reservation of Montana, as—

(A)

established by the Treaty of October 17, 1855 (11 Stat. 657); and

(B)

modified by—

(i)

the Executive order of July 5, 1873 (relating to the Blackfeet Reserve);

(ii)

the Act of April 15, 1874 (18 Stat. 28, chapter 96);

(iii)

the Executive order of August 19, 1874 (relating to the Blackfeet Reserve);

(iv)

the Executive order of April 13, 1875 (relating to the Blackfeet Reserve);

(v)

the Executive order of July 13, 1880 (relating to the Blackfeet Reserve);

(vi)

the Agreement with the Blackfeet, ratified by the Act of May 1, 1888 (25 Stat. 113, chapter 213); and

(vii)

the Agreement with the Blackfeet, ratified by the Act of June 10, 1896 (29 Stat. 353, chapter 398).

(15)

St. mary river water right.— The term “St. Mary River water right” means that portion of the Tribal water rights described in article III.G.1.a.i. of the Compact and this subtitle.

(16)

St. mary unit.—

(A)

In general.— The term “St. Mary Unit” means the St. Mary Storage Unit of the Milk River Project authorized by Congress on March 25, 1905.

(B)

Inclusions.— The term “St. Mary Unit” includes—

(i)

Sherburne Dam and Reservoir;

(ii)

Swift Current Creek Dike;

(iii)

Lower St. Mary Lake;

(iv)

St. Mary Canal Diversion Dam; and

(v)

St. Mary Canal and appurtenances.

(17)

Secretary.— The term “Secretary” means the Secretary of the Interior.

(18)

State.— The term “State” means the State of Montana.

(19)

Swiftcurrent creek bank stabilization project.— The term “Swiftcurrent Creek Bank Stabilization Project” means the project to mitigate the physical and environmental problems associated with the St. Mary Unit from Sherburne Dam to the St. Mary River, as described in the report entitled “Boulder/Swiftcurrent Creek Stabilization Project, Phase II Investigations Report”, prepared by DOWL HKM, and dated March 2012.

(20)

Tribal water rights.— The term “Tribal water rights” means the water rights of the Tribe described in article III of the Compact and this subtitle, including—

(A)

the Lake Elwell allocation provided to the Tribe under section 3709; and

(B)

the instream flow water rights described in section 3719.

(21)

Tribe.— The term “Tribe” means the Blackfeet Tribe of the Blackfeet Indian Reservation of Montana.

SEC. 3704. Ratification of Compact.

(a)

Ratification.—

(1)

In general.— As modified by this subtitle, the Compact is authorized, ratified, and confirmed.

(2)

Amendments.— Any amendment to the Compact is authorized, ratified, and confirmed, to the extent that such amendment is executed to make the Compact consistent with this subtitle.

(b)

Execution.—

(1)

In general.— To the extent that the Compact does not conflict with this subtitle, the Secretary shall execute the Compact, including all exhibits to, or parts of, the Compact requiring the signature of the Secretary.

(2)

Modifications.— Nothing in this subtitle precludes the Secretary from approving any modification to an appendix or exhibit to the Compact that is consistent with this subtitle, to the extent that the modification does not otherwise require congressional approval under section 2116 of the Revised Statutes (25 U.S.C. 177) or any other applicable provision of Federal law.

(c)

Environmental Compliance.—

(1)

In general.— In implementing the Compact and this subtitle, the Secretary shall comply with all applicable provisions of—

(A)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(B)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(C)

all other applicable environmental laws and regulations.

(2)

Effect of execution.—

(A)

In general.— The execution of the Compact by the Secretary under this section shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(B)

Compliance.— The Secretary shall carry out all Federal compliance activities necessary to implement the Compact and this subtitle.

SEC. 3705. Milk River Water Right.

(a)

In General.— With respect to the Milk River water right, the Tribe—

(1)

may continue the historical uses and the uses in existence on the date of enactment of this Act; and

(2)

except as provided in article III.F.1.d of the Compact, shall not develop new uses until the date on which—

(A)

the Tribe has entered into the agreement described in subsection (c); or

(B)

the Secretary has established the terms and conditions described in subsection (e).

(b)

Water Rights Arising Under State Law.— With respect to any water rights arising under State law in the Milk River Basin owned or acquired by the Tribe, the Tribe—

(1)

may continue any use in existence on the date of enactment of this Act; and

(2)

shall not change any use until the date on which—

(A)

the Tribe has entered into the agreement described in subsection (c); or

(B)

the Secretary has established the terms and conditions described in subsection (e).

(c)

Tribal Agreement.—

(1)

In general.— In consultation with the Commissioner of Reclamation and the Director of the Bureau of Indian Affairs, the Tribe and the Fort Belknap Indian Community shall enter into an agreement to provide for the exercise of their respective water rights on the respective reservations of the Tribe and the Fort Belknap Indian Community in the Milk River.

(2)

Considerations.— The agreement entered into under paragraph (1) shall take into consideration—

(A)

the equal priority dates of the 2 Indian tribes;

(B)

the water supplies of the Milk River; and

(C)

historical, current, and future uses identified by each Indian tribe.

(d)

Secretarial Determination.—

(1)

In general.— Not later than 120 days after the date on which the agreement described in subsection (c) is submitted to the Secretary, the Secretary shall review and approve or disapprove the agreement.

(2)

Approval.— The Secretary shall approve the agreement if the Secretary finds that the agreement—

(A)

equitably accommodates the interests of each Indian tribe in the Milk River;

(B)

adequately considers the factors described in subsection (c)(2); and

(C)

is otherwise in accordance with applicable law.

(3)

Deadline extension.— The deadline to review the agreement described in paragraph (1) may be extended by the Secretary after consultation with the Tribe and the Fort Belknap Indian Community.

(e)

Secretarial Decision.—

(1)

In general.— If the Tribe and the Fort Belknap Indian Community do not, by 3 years after the Secretary certifies under section 3720(f)(5) that the Tribal membership has approved the Compact and this subtitle, enter into an agreement approved under subsection d(2), the Secretary, in the Secretary’s sole discretion, shall establish, after consultation with the Tribe and the Fort Belknap Indian Community, terms and conditions that reflect the considerations described in subsection (c)(2) by which the respective water rights of the Tribe and the Fort Belknap Indian Community in the Milk River may be exercised.

(2)

Consideration as final agency action.— The establishment by the Secretary of terms and conditions under paragraph (1) shall be considered to be a final agency action for purposes of review under chapter 7 of title 5, United States Code.

(3)

Judicial review.— An action for judicial review pursuant to this section shall be brought by not later than the date that is 1 year after the date of notification of the establishment of the terms and conditions under this subsection.

(4)

Incorporation into decrees.— The agreement under subsection (c), or the decision of the Secretary under this subsection, shall be filed with the Montana Water Court, or the district court with jurisdiction, for incorporation into the final decrees of the Tribe and the Fort Belknap Indian Community.

(5)

Effective date.— The agreement under subsection (c) and a decision of the Secretary under this subsection—

(A)

shall be effective immediately; and

(B)

may not be modified absent—

(i)

the approval of the Secretary; and

(ii)

the consent of the Tribe and the Fort Belknap Indian Community.

(f)

Use of Funds.— The Secretary shall distribute equally the funds made available under section 3718(a)(2)(C)(ii) to the Tribe and the Fort Belknap Indian Community to use to reach an agreement under this section, including for technical analyses and legal and other related efforts.

SEC. 3706. Water Delivery Through Milk River Project.

(a)

In General.— Subject to the availability of appropriations, the Secretary, acting through the Commissioner of Reclamation, shall carry out the activities authorized under this section with respect to the St. Mary River water right.

(b)

Treatment.— Notwithstanding article IV.D.4 of the Compact, any responsibility of the United States with respect to the St. Mary River water right shall be limited to, and fulfilled pursuant to—

(1)

subsection (c) of this section; and

(2)

subsection (b)(3) of section 3716 and subsection (a)(1)(C) of section 3718.

(c)

Water Delivery Contract.—

(1)

In general.— Not later than 180 days after the enforceability date, the Secretary shall enter into a water delivery contract with the Tribe for the delivery of not greater than 5,000 acre-feet per year of the St. Mary River water right through Milk River Project facilities to the Tribe or another entity specified by the Tribe.

(2)

Terms and conditions.— The contract under paragraph (1) shall establish the terms and conditions for the water deliveries described in paragraph (1) in accordance with the Compact and this subtitle.

(3)

Requirements.— The water delivery contract under paragraph (1) shall include provisions requiring that—

(A)

the contract shall be without limit as to term;

(B)

the Tribe, and not the United States, shall collect, and shall be entitled to, all consideration due to the Tribe under any lease, contract, or agreement entered into by the Tribe pursuant to subsection (f);

(C)

the United States shall have no obligation to monitor, administer, or account for—

(i)

any funds received by the Tribe as consideration under any lease, contract, or agreement entered into by the Tribe pursuant to subsection (f); or

(ii)

the expenditure of such funds;

(D)

if water deliveries under the contract are interrupted for an extended period of time because of damage to, or a reduction in the capacity of, St. Mary Unit facilities, the rights of the Tribe shall be treated in the same manner as the rights of other contractors receiving water deliveries through the Milk River Project with respect to the water delivered under this section;

(E)

deliveries of water under this section shall be—

(i)

limited to not greater than 5,000 acre-feet of water in any 1 year;

(ii)

consistent with operations of the Milk River Project and without additional costs to the Bureau of Reclamation, including OM&R costs; and

(iii)

without additional cost to the Milk River Project water users; and

(F)

the Tribe shall be required to pay OM&R for water delivered under this section.

(d)

Shortage Sharing or Reduction.—

(1)

In general.— The 5,000 acre-feet per year of water delivered under paragraph (3)(E)(i) of subsection (c) shall not be subject to shortage sharing or reduction, except as provided in paragraph (3)(D) of that subsection.

(2)

No injury to milk river project water users.— Notwithstanding article IV.D.4 of the Compact, any reduction in the Milk River Project water supply caused by the delivery of water under subsection (c) shall not constitute injury to Milk River Project water users.

(e)

Subsequent Contracts.—

(1)

In general.— As part of the studies authorized by section 3707(c)(1), the Secretary, acting through the Commissioner of Reclamation, and in cooperation with the Tribe, shall identify alternatives to provide to the Tribe water from the St. Mary River water right in quantities greater than the 5,000 acre-feet per year of water described in subsection (c)(3)(E)(i).

(2)

Contract for water delivery.— If the Secretary determines under paragraph (1) that more than 5,000 acre-feet per year of the St. Mary River water right can be delivered to the Tribe, the Secretary shall offer to enter into 1 or more contracts with the Tribe for the delivery of that water, subject to the requirements of subsection (c)(3) (except subsection (c)(3)(E)(i)) and this subsection.

(3)

Treatment.— Any delivery of water under this subsection shall be subject to reduction in the same manner as for Milk River Project contract holders.

(f)

Subcontracts.—

(1)

In general.— The Tribe may enter into any subcontract for the delivery of water under this section to a third party, in accordance with section 3715(e).

(2)

Compliance with other law.— All subcontracts described in paragraph (1) shall comply with—

(A)

this subtitle;

(B)

the Compact;

(C)

the tribal water code; and

(D)

other applicable law.

(3)

No liability.— The Secretary shall not be liable to any party, including the Tribe, for any term of, or any loss or other detriment resulting from, a lease, contract, or other agreement entered into pursuant to this subsection.

(g)

Effect of Provisions.— Nothing in this section—

(1)

precludes the Tribe from taking the water described in subsection (c)(3)(E)(i), or any additional water provided under subsection (e), from the direct flow of the St. Mary River; or

(2)

modifies the quantity of the Tribal water rights described in article III.G.1. of the Compact.

(h)

Other Rights.— Notwithstanding the requirements of article III.G.1.d of the Compact, after satisfaction of all water rights under State law for use of St. Mary River water, including the Milk River Project water rights, the Tribe shall have the right to the remaining portion of the share of the United States in the St. Mary River under the International Boundary Waters Treaty of 1909 (36 Stat. 2448) for any tribally authorized use or need consistent with this subtitle.

SEC. 3707. Bureau of Reclamation Activities to Improve Water Management.

(a)

Milk River Project Purposes.— The purposes of the Milk River Project shall include—

(1)

irrigation;

(2)

flood control;

(3)

the protection of fish and wildlife;

(4)

recreation;

(5)

the provision of municipal, rural, and industrial water supply; and

(6)

hydroelectric power generation.

(b)

Use of Milk River Project Facilities for the Benefit of Tribe.— The use of Milk River Project facilities to transport water for the Tribe pursuant to subsections (c) and (e) of section 3706, together with any use by the Tribe of that water in accordance with this subtitle—

(1)

shall be considered to be an authorized purpose of the Milk River Project; and

(2)

shall not change the priority date of any Tribal water rights.

(c)

St. Mary River Studies.—

(1)

In general.— Subject to the availability of appropriations, the Secretary, in cooperation with the Tribe and the State, shall conduct—

(A)

an appraisal study—

(i)

to develop a plan for the management and development of water supplies in the St. Mary River Basin and Milk River Basin, including the St. Mary River and Milk River water supplies for the Tribe and the Milk River water supplies for the Fort Belknap Indian Community; and

(ii)

to identify alternatives to develop additional water of the St. Mary River for the Tribe; and

(B)

a feasibility study—

(i)

using the information resulting from the appraisal study conducted under subparagraph (A) and such other information as is relevant, to evaluate the feasibility of—

(I)

alternatives for the rehabilitation of the St. Mary Diversion Dam and Canal; and

(II)

increased storage in Fresno Dam and Reservoir; and

(ii)

to create a cost allocation study that is based on the authorized purposes described in subsections (a) and (b).

(2)

Cooperative agreement.— On request of the Tribe, the Secretary shall enter into a cooperative agreement with the Tribe with respect to the portion of the appraisal study described in paragraph (1)(A).

(3)

Costs nonreimbursable.— The cost of the studies under this subsection shall not be—

(A)

considered to be a cost of the Milk River Project; or

(B)

reimbursable in accordance with the reclamation laws.

(d)

Swiftcurrent Creek Bank Stabilization.—

(1)

In general.— Subject to the availability of appropriations, the Secretary, acting through the Commissioner of Reclamation, shall carry out appropriate activities concerning the Swiftcurrent Creek Bank Stabilization Project, including—

(A)

a review of the final project design; and

(B)

value engineering analyses.

(2)

Modification of final design.— Prior to beginning construction activities for the Swiftcurrent Creek Bank Stabilization Project, on the basis of the review conducted under paragraph (1), the Secretary shall negotiate with the Tribe appropriate changes, if any, to the final design—

(A)

to ensure compliance with applicable industry standards;

(B)

to improve the cost-effectiveness of the Swiftcurrent Creek Bank Stabilization Project; and

(C)

to ensure that the Swiftcurrent Creek Bank Stabilization Project may be constructed using only the amounts made available under section 3718.

(3)

Applicability of isdeaa.— At the request of the Tribe, and in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.), the Secretary shall enter into 1 or more agreements with the Tribe to carry out the Swiftcurrent Bank Stabilization Project.

(e)

Administration.— The Commissioner of Reclamation and the Tribe shall negotiate the cost of any oversight activity carried out by the Bureau of Reclamation under any agreement entered into under this section, subject to the condition that the total cost for the oversight shall not exceed 4 percent of the total costs incurred under this section.

(f)

Milk River Project Rights-of-Way and Easements.—

(1)

In general.— Subject to paragraphs (2) and (3), the Tribe shall grant the United States a right-of-way on Reservation land owned by the Tribe for all uses by the Milk River Project (permissive or otherwise) in existence as of December 31, 2015, including all facilities, flowage easements, and access easements necessary for the operation and maintenance of the Milk River Project.

(2)

Agreement regarding existing uses.— The Tribe and the Secretary shall enter into an agreement for a process to determine the location, nature, and extent of the existing uses referenced in this subsection. The agreement shall require that—

(A)

a panel of three individuals determine the location, nature, and extent of existing uses necessary for the operation and maintenance of the Milk River Project (the “Panel Determination”), with the Tribe appointing one representative of the Tribe, the Secretary appointing one representative of the Secretary, and those two representatives jointly appointing a third individual;

(B)

if the Panel Determination is unanimous, the Tribe grant a right-of-way to the United States for the existing uses identified in the Panel Determination in accordance with applicable law without additional compensation;

(C)

if the Panel Determination is not unanimous—

(i)

the Secretary adopt the Panel Determination with any amendments the Secretary reasonably determines necessary to correct any clear error (the “Interior Determination”), provided that if any portion of the Panel Determination is unanimous, the Secretary will not amend that portion; and

(ii)

the Tribe grant a right-of-way to the United States for the existing uses identified in the Interior Determination in accordance with applicable law without additional compensation, with the agreement providing for the timing of the grant to take into consideration the possibility of review under paragraph (5).

(3)

Effect.— Determinations made under this subsection—

(A)

do not address title as between the United States and the Tribe; and

(B)

do not apply to any new use of Reservation land by the United States for the Milk River Project after December 31, 2015.

(4)

Interior determination as final agency action.— Any determination by the Secretary under paragraph (2)(C) shall be considered to be a final agency action for purposes of review under chapter 7 of title 5, United States Code.

(5)

Judicial review.— An action for judicial review pursuant to this section shall be brought by not later than the date that is 1 year after the date of notification of the Interior Determination.

(g)

Funding.— The total amount of obligations incurred by the Secretary, prior to any adjustment provided for in section 3718, shall not exceed—

(1)

$3,800,000 to carry out subsection (c);

(2)

$20,700,000 to carry out subsection (d); and

(3)

$3,100,000 to carry out subsection (f).

SEC. 3708. St. Mary Canal Hydroelectric Power Generation.

(a)

Bureau of Reclamation Jurisdiction.— Effective beginning on the date of enactment of this Act, the Commissioner of Reclamation shall have exclusive jurisdiction to authorize the development of hydropower on the St. Mary Unit.

(b)

Rights of Tribe.—

(1)

Exclusive right of tribe.— Subject to paragraph (2) and notwithstanding any other provision of law, the Tribe shall have the exclusive right to develop and market hydroelectric power of the St. Mary Unit.

(2)

Limitations.— The exclusive right described in paragraph (1)—

(A)

shall expire on the date that is 15 years after the date of enactment of an Act appropriating funds for rehabilitation of the St. Mary Unit; but

(B)

may be extended by the Secretary at the request of the Tribe.

(3)

OM&R costs.— Effective beginning on the date that is 10 years after the date on which the Tribe begins marketing hydroelectric power generated from the St. Mary Unit to any third party, the Tribe shall make annual payments for OM&R costs attributable to the direct use of any facilities by the Tribe for hydroelectric power generation, in amounts determined in accordance with the guidelines and methods of the Bureau of Reclamation for assessing OM&R charges.

(c)

Bureau of Reclamation Cooperation.— The Commissioner of Reclamation shall cooperate with the Tribe in the development of any hydroelectric power generation project under this section.

(d)

Agreement.— Before construction of a hydroelectric power generation project under this section, the Tribe shall enter into an agreement with the Commissioner of Reclamation that includes provisions—

(1)

requiring that—

(A)

the design, construction, and operation of the project shall be consistent with the Bureau of Reclamation guidelines and methods for hydroelectric power development at Bureau facilities, as appropriate; and

(B)

the hydroelectric power generation project will not impair the efficiencies of the Milk River Project for authorized purposes;

(2)

regarding construction and operating criteria and emergency procedures; and

(3)

under which any modification proposed by the Tribe to a facility owned by the Bureau of Reclamation shall be subject to review and approval by the Secretary, acting through the Commissioner of Reclamation.

(e)

Use of Hydroelectric Power by Tribe.— Any hydroelectric power generated in accordance with this section shall be used or marketed by the Tribe.

(f)

Revenues.— The Tribe shall collect and retain any revenues from the sale of hydroelectric power generated by a project under this section.

(g)

Liability of United States.— The United States shall have no obligation to monitor, administer, or account for—

(1)

any revenues received by the Tribe under this section; or

(2)

the expenditure of those revenues.

(h)

Preference.— During any period for which the exclusive right of the Tribe described in subsection (b)(1) is not in effect, the Tribe shall have a preference to develop hydropower on the St. Mary Unit facilities, in accordance with Bureau of Reclamation guidelines and methods for hydroelectric power development at Bureau facilities.

SEC. 3709. Storage Allocation from Lake Elwell.

(a)

(1)

Storage Allocation to Tribe.— The Secretary shall allocate to the Tribe 45,000 acre-feet per year of water stored in Lake Elwell for use by the Tribe for any beneficial purpose on or off the Reservation, under a water right held by the United States and managed by the Bureau of Reclamation, as measured at the outlet works of Tiber Dam or through direct pumping from Lake Elwell.

(2)

Reduction.— Up to 10,000 acre-feet per year of water allocated to the Tribe pursuant to paragraph (1) will be subject to an acre-foot for acre-foot reduction if depletions from the Tribal water rights above Lake Elwell exceed 88,000 acre-feet per year of water because of New Development (as defined in article II.37 of the Compact).

(b)

Treatment.—

(1)

In general.— The allocation to the Tribe under subsection (a) shall be considered to be part of the Tribal water rights.

(2)

Priority date.— The priority date of the allocation to the Tribe under subsection (a) shall be the priority date of the Lake Elwell water right held by the Bureau of Reclamation.

(3)

Administration.— The Tribe shall administer the water allocated under subsection (a) in accordance with the Compact and this subtitle.

(c)

Allocation Agreement.—

(1)

In general.— As a condition of receiving an allocation under this section, the Tribe shall enter into an agreement with the Secretary to establish the terms and conditions of the allocation, in accordance with the Compact and this subtitle.

(2)

Inclusions.— The agreement under paragraph (1) shall include provisions establishing that—

(A)

the agreement shall be without limit as to term;

(B)

the Tribe, and not the United States, shall be entitled to all consideration due to the Tribe under any lease, contract, or agreement entered into by the Tribe pursuant to subsection (d);

(C)

the United States shall have no obligation to monitor, administer, or account for—

(i)

any funds received by the Tribe as consideration under any lease, contract, or agreement entered into by the Tribe pursuant to subsection (d); or

(ii)

the expenditure of those funds;

(D)

if the capacity or function of Lake Elwell facilities are significantly reduced, or are anticipated to be significantly reduced, for an extended period of time, the Tribe shall have the same rights as other storage contractors with respect to the allocation under this section;

(E)

the costs associated with the construction of the storage facilities at Tiber Dam allocable to the Tribe shall be nonreimbursable;

(F)

no water service capital charge shall be due or payable for any water allocated to the Tribe pursuant to this section or the allocation agreement, regardless of whether that water is delivered for use by the Tribe or under a lease, contract, or by agreement entered into by the Tribe pursuant to subsection (d);

(G)

the Tribe shall not be required to make payments to the United States for any water allocated to the Tribe under this subtitle or the allocation agreement, except for each acre-foot of stored water leased or transferred for industrial purposes as described in subparagraph (H);

(H)

for each acre-foot of stored water leased or transferred by the Tribe for industrial purposes—

(i)

the Tribe shall pay annually to the United States an amount necessary to cover the proportional share of the annual OM&R costs allocable to the quantity of water leased or transferred by the Tribe for industrial purposes; and

(ii)

the annual payments of the Tribe shall be reviewed and adjusted, as appropriate, to reflect the actual OM&R costs for Tiber Dam; and

(I)

the adjustment process identified in subsection (a)(2) will be based on specific enumerated provisions.

(d)

Agreements by Tribe.— The Tribe may use, lease, contract, exchange, or enter into other agreements for use of the water allocated to the Tribe under subsection (a), if—

(1)

the use of water that is the subject of such an agreement occurs within the Missouri River Basin; and

(2)

the agreement does not permanently alienate any portion of the water allocated to the Tribe under subsection (a).

(e)

Effective Date.— The allocation under subsection (a) takes effect on the enforceability date.

(f)

No Carryover Storage.— The allocation under subsection (a) shall not be increased by any year-to-year carryover storage.

(g)

Development and Delivery Costs.— The United States shall not be required to pay the cost of developing or delivering any water allocated under this section.

SEC. 3710. Irrigation Activities.

(a)

In General.— Subject to the availability of appropriations, the Secretary, acting through the Commissioner of Reclamation and in accordance with subsection (c), shall carry out the following actions relating to the Blackfeet Irrigation Project:

(1)

Deferred maintenance.

(2)

Dam safety improvements for Four Horns Dam.

(3)

Rehabilitation and enhancement of the Four Horns Feeder Canal, Dam, and Reservoir.

(b)

Lead Agency.— The Bureau of Reclamation shall serve as the lead agency with respect to any activities carried out under this section.

(c)

Scope of Deferred Maintenance Activities and Four Horns Dam Safety Improvements.—

(1)

In general.— Subject to the conditions described in paragraph (2), the scope of the deferred maintenance activities and Four Horns Dam safety improvements shall be as generally described in—

(A)

the document entitled “Engineering Evaluation and Condition Assessment, Blackfeet Irrigation Project”, prepared by DOWL HKM, and dated August 2007; and

(B)

the provisions relating to Four Horns Rehabilitated Dam of the document entitled “Four Horns Dam Enlarged Appraisal Evaluation Design Report”, prepared by DOWL HKM, and dated April 2007.

(2)

Conditions.— The conditions referred to in paragraph (1) are that, before commencing construction activities, the Secretary shall—

(A)

review the design of the proposed rehabilitation or improvement;

(B)

perform value engineering analyses;

(C)

perform appropriate Federal environmental compliance activities; and

(D)

ensure that the deferred maintenance activities and dam safety improvements may be constructed using only the amounts made available under section 3718.

(d)

Scope of Rehabilitation and Enhancement of Four Horns Feeder Canal, Dam, and Reservoir.—

(1)

In general.— The scope of the rehabilitation and improvements shall be as generally described in the document entitled “Four Horns Feeder Canal Rehabilitation with Export”, prepared by DOWL HKM, and dated April 2013, subject to the condition that, before commencing construction activities, the Secretary shall—

(A)

review the design of the proposed rehabilitation or improvement;

(B)

perform value engineering analyses;

(C)

perform appropriate Federal environmental compliance activities; and

(D)

ensure that the rehabilitation and improvements may be constructed using only the amounts made available under section 3718.

(2)

Inclusions.— The activities carried out by the Secretary under this subsection shall include—

(A)

the rehabilitation or improvement of the Four Horns feeder canal system to a capacity of not fewer than 360 cubic feet per second;

(B)

the rehabilitation or improvement of the outlet works of Four Horns Dam and Reservoir to deliver not less than 15,000 acre-feet of water per year, in accordance with subparagraph (C); and

(C)

construction of facilities to deliver not less than 15,000 acre-feet of water per year from Four Horns Dam and Reservoir, to a point on or near Birch Creek to be designated by the Tribe and the State for delivery of water to the water delivery system of the Pondera County Canal and Reservoir Company on Birch Creek, in accordance with the Birch Creek Agreement.

(3)

Negotiation with tribe.— On the basis of the review described in paragraph (1)(A), the Secretary shall negotiate with the Tribe appropriate changes to the final design of any activity under this subsection to ensure that the final design meets applicable industry standards.

(e)

Funding.— The total amount of obligations incurred by the Secretary in carrying out this section, prior to any adjustment provided for in section 3718, shall not exceed $54,900,000, of which—

(1)

$40,900,000 shall be allocated to carry out the activities described in subsection (c); and

(2)

$14,000,000 shall be allocated to carry out the activities described in subsection (d)(2).

(f)

Nonreimbursability of Costs.— All costs incurred by the Secretary in carrying out this section shall be nonreimbursable.

(g)

Non-Federal Contribution.— No part of the project under subsection (d) shall be commenced until the State has made available $20,000,000 to carry out the activities described in subsection (d)(2).

(h)

Administration.— The Commissioner of Reclamation and the Tribe shall negotiate the cost of any oversight activity carried out by the Bureau of Reclamation under any agreement entered into under subsection (m), subject to the condition that the total cost for the oversight shall not exceed 4 percent of the total project costs for each project.

(i)

Project Efficiencies.— If the total cost of planning, design, and construction activities relating to the projects described in this section results in cost savings and is less than the amounts authorized to be obligated, the Secretary, at the request of the Tribe, may—

(1)

use those cost savings to carry out a project described in section 3707(d), 3711, 3712, or 3713; or

(2)

deposit those cost savings to the Blackfeet OM&R Trust Account.

(j)

Ownership by Tribe of Birch Creek Delivery Facilities.— Notwithstanding any other provision of law, the Secretary shall transfer to the Tribe, at no cost, title in and to the facilities constructed under subsection (d)(2)(C).

(k)

Ownership, Operation, and Maintenance.— On transfer to the Tribe of title under subsection (j), the Tribe shall—

(1)

be responsible for OM&R in accordance with the Birch Creek Agreement; and

(2)

enter into an agreement with the Bureau of Indian Affairs regarding the operation of the facilities described in that subsection.

(l)

Liability of United States.— The United States shall have no obligation or responsibility with respect the facilities described in subsection (d)(2)(C).

(m)

Applicability of ISDEAA.— At the request of the Tribe, and in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.), the Secretary shall enter into 1 or more agreements with the Tribe to carry out this section.

(n)

Effect.— Nothing in this section—

(1)

alters any applicable law (including regulations) under which the Bureau of Indian Affairs collects assessments or carries out Blackfeet Irrigation Project OM&R; or

(2)

impacts the availability of amounts made available under subsection (a)(1)(B) of section 3718.

SEC. 3711. Design and Construction of Mr&i System.

(a)

In General.— Subject to the availability of appropriations, the Secretary, acting through the Commissioner of Reclamation, shall plan, design, and construct the water diversion and delivery features of the MR&I System in accordance with 1 or more agreements between the Secretary and the Tribe.

(b)

Lead Agency.— The Bureau of Reclamation shall serve as the lead agency with respect to any activity to design and construct the water diversion and delivery features of the MR&I System.

(c)

Scope.—

(1)

In general.— The scope of the design and construction under this section shall be as generally described in the document entitled “Blackfeet Regional Water System”, prepared by DOWL HKM, dated June 2010, and modified by DOWL HKM in the addendum to the report dated March 2013, subject to the condition that, before commencing final design and construction activities, the Secretary shall—

(A)

review the design of the proposed rehabilitation and construction;

(B)

perform value engineering analyses; and

(C)

perform appropriate Federal compliance activities.

(2)

Negotiation with tribe.— On the basis of the review described in paragraph (1)(A), the Secretary shall negotiate with the Tribe appropriate changes, if any, to the final design—

(A)

to ensure that the final design meets applicable industry standards;

(B)

to improve the cost-effectiveness of the delivery of MR&I System water; and

(C)

to ensure that the MR&I System may be constructed using only the amounts made available under section 3718.

(d)

Nonreimbursability of Costs.— All costs incurred by the Secretary in carrying out this section shall be nonreimbursable.

(e)

Funding.— The total amount of obligations incurred by the Secretary in carrying out this section, prior to any adjustment provided for in section 3718, shall not exceed $76,200,000.

(f)

Non-Federal Contribution.—

(1)

Consultation.— Before completion of the final design of the MR&I System required by subsection (c), the Secretary shall consult with the Tribe, the State, and other affected non-Federal parties to discuss the possibility of receiving non-Federal contributions for the cost of the MR&I System.

(2)

Negotiations.— If, based on the extent to which non-Federal parties are expected to use the MR&I System, a non-Federal contribution to the MR&I System is determined by the parties described in paragraph (1) to be appropriate, the Secretary shall initiate negotiations for an agreement regarding the means by which the contributions shall be provided.

(g)

Ownership by Tribe.— Title to the MR&I System and all facilities rehabilitated or constructed under this section shall be held by the Tribe.

(h)

(i)

OM&R Costs.— The Federal Government shall have no obligation to pay for the OM&R costs for any facility rehabilitated or constructed under this section.

(j)

(1)

use those cost savings to carry out a project described in section 3707(d), 3710, 3712, or 3713; or

(2)

deposit those cost savings to the Blackfeet OM&R Trust Account.

(k)

SEC. 3712. Design and Construction of Water Storage and Irrigation Facilities.

(a)

In General.— Subject to the availability of appropriations, the Secretary, acting through the Commissioner of Reclamation, shall plan, design, and construct 1 or more facilities to store water and support irrigation on the Reservation in accordance with 1 or more agreements between the Secretary and the Tribe.

(b)

Lead Agency.— The Bureau of Reclamation shall serve as the lead agency with respect to any activity to design and construct the irrigation development and water storage facilities described in subsection (c).

(c)

Scope.—

(1)

In general.— The scope of the design and construction under this section shall be as generally described in the document entitled “Blackfeet Water Storage, Development, and Project Report”, prepared by DOWL HKM, and dated March 13, 2013, as modified and agreed to by the Secretary and the Tribe, subject to the condition that, before commencing final design and construction activities, the Secretary shall—

(A)

review the design of the proposed construction;

(B)

perform value engineering analyses; and

(C)

perform appropriate Federal compliance activities.

(2)

Modification.— The Secretary may modify the scope of construction for the projects described in the document referred to in paragraph (1), if—

(A)

the modified project is—

(i)

similar in purpose to the proposed projects; and

(ii)

consistent with the purposes of this subtitle; and

(B)

the Secretary has consulted with the Tribe regarding any modification.

(3)

Negotiation with tribe.— On the basis of the review described in paragraph (1)(A), the Secretary shall negotiate with the Tribe appropriate changes, if any, to the final design—

(A)

to ensure that the final design meets applicable industry standards;

(B)

to improve the cost-effectiveness of any construction; and

(C)

to ensure that the projects may be constructed using only the amounts made available under section 3718.

(d)

Nonreimbursability of Costs.— All costs incurred by the Secretary in carrying out this section shall be nonreimbursable.

(e)

Funding.— The total amount of obligations incurred by the Secretary in carrying out this section, prior to any adjustment provided for in section 3718, shall not exceed $87,300,000.

(f)

Ownership by Tribe.— Title to all facilities rehabilitated or constructed under this section shall be held by the Tribe, except that title to the Birch Creek Unit of the Blackfeet Indian Irrigation Project shall remain with the Bureau of Indian Affairs.

(g)

(h)

OM&R Costs.— The Federal Government shall have no obligation to pay for the OM&R costs for the facilities rehabilitated or constructed under this section.

(i)

(1)

use those cost savings to carry out a project described in section 3707(d), 3710, 3711, or 3713; or

(2)

deposit those cost savings to the Blackfeet OM&R Trust Account.

(j)

SEC. 3713. Blackfeet Water, Storage, and Development Projects.

(a)

In General.—

(1)

Scope.— The scope of the construction under this section shall be as generally described in the document entitled “Blackfeet Water Storage, Development, and Project Report”, prepared by DOWL HKM, and dated March 13, 2013, as modified and agreed to by the Secretary and the Tribe.

(2)

Modification.— The Tribe may modify the scope of the projects described in the document referred to in paragraph (1) if—

(A)

the modified project is—

(i)

similar to the proposed project; and

(ii)

consistent with the purposes of this subtitle; and

(B)

the modification is approved by the Secretary.

(b)

Nonreimbursability of Costs.— All costs incurred by the Secretary in carrying out this section shall be nonreimbursable.

(c)

Funding.— The total amount of obligations incurred by the Secretary in carrying out this section, prior to any adjustment provided for in section 3718, shall not exceed $91,000,000.

(d)

OM&R Costs.— The Federal Government shall have no obligation to pay for the OM&R costs for the facilities rehabilitated or constructed under this section.

(e)

Ownership by Tribe.— Title to any facility constructed under this section shall be held by the Tribe.

SEC. 3714. Easements and Rights-Of-Way.

(a)

Tribal Easements and Rights-of-Way.—

(1)

In general.— On request of the Secretary, the Tribe shall grant, at no cost to the United States, such easements and rights-of-way over tribal land as are necessary for the construction of the projects authorized by sections 3710 and 3711.

(2)

Jurisdiction.— An easement or right-of-way granted by the Tribe pursuant to paragraph (1) shall not affect in any respect the civil or criminal jurisdiction of the Tribe over the easement or right-of-way.

(b)

Landowner Easements and Rights-of-Way.— In partial consideration for the construction activities authorized by section 3711, and as a condition of receiving service from the MR&I System, a landowner shall grant, at no cost to the United States or the Tribe, such easements and rights-of-way over the land of the landowner as may be necessary for the construction of the MR&I System.

(c)

Land Acquired by United States or Tribe.— Any land acquired within the boundaries of the Reservation by the United States on behalf of the Tribe, or by the Tribe on behalf of the Tribe, in connection with achieving the purposes of this subtitle shall be held in trust by the United States for the benefit of the Tribe.

SEC. 3715. Tribal Water Rights.

(a)

Confirmation of Tribal Water Rights.—

(1)

In general.— The Tribal water rights are ratified, confirmed, and declared to be valid.

(2)

Use.— Any use of the Tribal water rights shall be subject to the terms and conditions of the Compact and this subtitle.

(3)

Conflict.— In the event of a conflict between the Compact and this subtitle, the provisions of this subtitle shall control.

(b)

Intent of Congress.— It is the intent of Congress to provide to each allottee benefits that are equivalent to, or exceed, the benefits the allottees possess on the day before the date of enactment of this Act, taking into consideration—

(1)

the potential risks, cost, and time delay associated with litigation that would be resolved by the Compact and this subtitle;

(2)

the availability of funding under this subtitle and from other sources;

(3)

the availability of water from the Tribal water rights; and

(4)

the applicability of section 7 of the Act of February 8, 1887 (25 U.S.C. 381), and this subtitle to protect the interests of allottees.

(c)

Trust Status of Tribal Water Rights.— The Tribal water rights—

(1)

shall be held in trust by the United States for the use and benefit of the Tribe and the allottees in accordance with this subtitle; and

(2)

shall not be subject to forfeiture or abandonment.

(d)

Allottees.—

(1)

Applicability of act of february 8, 1887.— The provisions of section 7 of the Act of February 8, 1887 (25 U.S.C. 381), relating to the use of water for irrigation purposes, shall apply to the Tribal water rights.

(2)

Entitlement to water.— Any entitlement to water of an allottee under Federal law shall be satisfied from the Tribal water rights.

(3)

Allocations.— An allottee shall be entitled to a just and equitable allocation of water for irrigation purposes.

(4)

Claims.—

(A)

Exhaustion of remedies.— Before asserting any claim against the United States under section 7 of the Act of February 8, 1887 (25 U.S.C. 381), or any other applicable law, an allottee shall exhaust remedies available under the tribal water code or other applicable tribal law.

(B)

Action for relief.— After the exhaustion of all remedies available under the tribal water code or other applicable tribal law, an allottee may seek relief under section 7 of the Act of February 8, 1887 (25 U.S.C. 381), or other applicable law.

(5)

Authority of secretary.— The Secretary shall have the authority to protect the rights of allottees in accordance with this section.

(e)

Authority of Tribe.—

(1)

In general.— The Tribe shall have the authority to allocate, distribute, and lease the Tribal water rights for any use on the Reservation in accordance with the Compact, this subtitle, and applicable Federal law.

(2)

Off-reservation use.— The Tribe may allocate, distribute, and lease the Tribal water rights for off-Reservation use in accordance with the Compact, subject to the approval of the Secretary.

(3)

Land leases by allottees.— Notwithstanding paragraph (1), an allottee may lease any interest in land held by the allottee, together with any water right determined to be appurtenant to the interest in land, in accordance with the tribal water code.

(f)

Tribal Water Code.—

(1)

In general.— Notwithstanding article IV.C.1. of the Compact, not later than 4 years after the date on which the Tribe ratifies the Compact in accordance with this subtitle, the Tribe shall enact a tribal water code that provides for—

(A)

the management, regulation, and governance of all uses of the Tribal water rights in accordance with the Compact and this subtitle; and

(B)

establishment by the Tribe of conditions, permit requirements, and other requirements for the allocation, distribution, or use of the Tribal water rights in accordance with the Compact and this subtitle.

(2)

Inclusions.— Subject to the approval of the Secretary, the tribal water code shall provide—

(A)

that use of water by allottees shall be satisfied with water from the Tribal water rights;

(B)

a process by which an allottee may request that the Tribe provide water for irrigation use in accordance with this subtitle, including the provision of water under any allottee lease under section 4 of the Act of June 25, 1910 (25 U.S.C. 403);

(C)

a due process system for the consideration and determination by the Tribe of any request by an allottee (or a successor in interest to an allottee) for an allocation of water for irrigation purposes on allotted land, including a process for—

(i)

appeal and adjudication of any denied or disputed distribution of water; and

(ii)

resolution of any contested administrative decision; and

(D)

a requirement that any allottee asserting a claim relating to the enforcement of rights of the allottee under the tribal water code, or to the quantity of water allocated to land of the allottee, shall exhaust all remedies available to the allottee under tribal law before initiating an action against the United States or petitioning the Secretary pursuant to subsection (d)(4)(B).

(3)

Action by secretary.—

(A)

In general.— During the period beginning on the date of enactment of this Act and ending on the date on which a tribal water code described in paragraphs (1) and (2) is enacted, the Secretary shall administer, with respect to the rights of allottees, the Tribal water rights in accordance with this subtitle.

(B)

Approval.— The tribal water code described in paragraphs (1) and (2) shall not be valid unless—

(i)

the provisions of the tribal water code required by paragraph (2) are approved by the Secretary; and

(ii)

each amendment to the tribal water code that affects a right of an allottee is approved by the Secretary.

(C)

Approval period.—

(i)

In general.— The Secretary shall approve or disapprove the tribal water code or an amendment to the tribal water code not later than 180 days after the date on which the tribal water code or amendment is submitted to the Secretary.

(ii)

Extension.— The deadline described in clause (i) may be extended by the Secretary after consultation with the Tribe.

(g)

Administration.—

(1)

No alienation.— The Tribe shall not permanently alienate any portion of the Tribal water rights.

(2)

Purchases or grants of land from indians.— An authorization provided by this subtitle for the allocation, distribution, leasing, or other arrangement entered into pursuant to this subtitle shall be considered to satisfy any requirement for authorization of the action by treaty or convention imposed by section 2116 of the Revised Statutes (25 U.S.C. 177).

(3)

Prohibition on forfeiture.— The non-use of all or any portion of the Tribal water rights by a lessee or contractor shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the Tribal water rights.

(h)

Effect.— Except as otherwise expressly provided in this section, nothing in this subtitle—

(1)

authorizes any action by an allottee against any individual or entity, or against the Tribe, under Federal, State, tribal, or local law; or

(2)

alters or affects the status of any action brought pursuant to section 1491(a) of title 28, United States Code.

SEC. 3716. Blackfeet Settlement Trust Fund.

(a)

Establishment.— There is established in the Treasury of the United States a trust fund, to be known as the “Blackfeet Settlement Trust Fund” (referred to in this section as the “Trust Fund”), to be managed, invested, and distributed by the Secretary and to remain available until expended, consisting of the amounts deposited in the Trust Fund under subsection (c), together with any interest earned on those amounts, for the purpose of carrying out this subtitle.

(b)

Accounts.— The Secretary shall establish in the Trust Fund the following accounts:

(1)

The Administration and Energy Account.

(2)

The OM&R Account.

(3)

The St. Mary Account.

(4)

The Blackfeet Water, Storage, and Development Projects Account.

(c)

Deposits.— The Secretary shall deposit in the Trust Fund—

(1)

in the Administration and Energy Account, the amount made available pursuant to section 3718(a)(1)(A);

(2)

in the OM&R Account, the amount made available pursuant to section 3718(a)(1)(B);

(3)

in the St. Mary Account, the amount made available pursuant to section 3718(a)(1)(C); and

(4)

in the Blackfeet Water, Storage, and Development Projects Account, the amount made available pursuant to section 3718(a)(1)(D).

(d)

Management and Interest.—

(1)

Management.— The Secretary shall manage, invest, and distribute all amounts in the Trust Fund in a manner that is consistent with the investment authority of the Secretary under—

(A)

the first section of the Act of June 24, 1938 (25 U.S.C. 162a);

(B)

the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); and

(C)

this section.

(2)

Interest.— In addition to the deposits under subsection (c), any interest credited to amounts unexpended in the Trust Fund are authorized to be appropriated to be used in accordance with the uses described in subsection (h).

(e)

Availability of Amounts.—

(1)

In general.— Amounts appropriated to, and deposited in, the Trust Fund, including any investment earnings, shall be made available to the Tribe by the Secretary beginning on the enforceability date.

(2)

Funding for tribal implementation activities.— Notwithstanding paragraph (1), on approval pursuant to this subtitle and the Compact by a referendum vote of a majority of votes cast by members of the Tribe on the day of the vote, as certified by the Secretary and the Tribe and subject to the availability of appropriations, of the amounts in the Administration and Energy Account, $4,800,000 shall be made available to the Tribe for the implementation of this subtitle.

(f)

Withdrawals Under AIFRMRA.—

(1)

In general.— The Tribe may withdraw any portion of the funds in the Trust Fund on approval by the Secretary of a tribal management plan submitted by the Tribe in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).

(2)

Requirements.—

(A)

In general.— In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal management plan under paragraph (1) shall require that the Tribe shall spend all amounts withdrawn from the Trust Fund in accordance with this subtitle.

(B)

Enforcement.— The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce the tribal management plan to ensure that amounts withdrawn by the Tribe from the Trust Fund under this subsection are used in accordance with this subtitle.

(g)

Withdrawals Under Expenditure Plan.—

(1)

In general.— The Tribe may submit to the Secretary a request to withdraw funds from the Trust Fund pursuant to an approved expenditure plan.

(2)

Requirements.— To be eligible to withdraw funds under an expenditure plan under paragraph (1), the Tribe shall submit to the Secretary for approval an expenditure plan for any portion of the Trust Fund that the Tribe elects to withdraw pursuant to this subsection, subject to the condition that the funds shall be used for the purposes described in this subtitle.

(3)

Inclusions.— An expenditure plan under this subsection shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Trust Fund will be used by the Tribe, in accordance with subsection (h).

(4)

Approval.— On receipt of an expenditure plan under this subsection, the Secretary shall approve the plan, if the Secretary determines that the plan—

(A)

is reasonable; and

(B)

is consistent with, and will be used for, the purposes of this subtitle.

(5)

Enforcement.— The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this subsection are used in accordance with this subtitle.

(h)

Uses.— Amounts from the Trust Fund shall be used by the Tribe for the following purposes:

(1)

The Administration and Energy Account shall be used for administration of the Tribal water rights and energy development projects under this subtitle and the Compact.

(2)

The OM&R Account shall be used to assist the Tribe in paying OM&R costs.

(3)

The St. Mary Account shall be distributed pursuant to an expenditure plan approved under subsection (g), subject to the conditions that—

(A)

during the period for which the amount is available and held by the Secretary, $500,000 shall be distributed to the Tribe annually as compensation for the deferral of the St. Mary water right; and

(B)

any additional amounts deposited in the account may be withdrawn and used by the Tribe to pay OM&R costs or other expenses for 1 or more projects to benefit the Tribe, as approved by the Secretary, subject to the requirement that the Secretary shall not approve an expenditure plan under this paragraph unless the Tribe provides a resolution of the tribal council—

(i)

approving the withdrawal of the funds from the account; and

(ii)

acknowledging that the Secretary will not be able to distribute funds under subparagraph (A) indefinitely if the principal funds in the account are reduced.

(4)

The Blackfeet Water, Storage, and Development Projects Account shall be used to carry out section 3713.

(i)

Liability.— The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Trust Fund by the Tribe under subsection (f) or (g).

(j)

No Per Capita Distributions.— No portion of the Trust Fund shall be distributed on a per capita basis to any member of the Tribe.

(k)

Deposit of Funds.— On request by the Tribe, the Secretary may deposit amounts from an account described in paragraph (1), (2), or (4) of subsection (b) to any other account the Secretary determines to be appropriate.

SEC. 3717. Blackfeet Water Settlement Implementation Fund.

(a)

Establishment.— There is established in the Treasury of the United States a nontrust, interest-bearing account, to be known as the “Blackfeet Water Settlement Implementation Fund” (referred to in this section as the “Implementation Fund”), to be managed and distributed by the Secretary, for use by the Secretary for carrying out this subtitle.

(b)

Accounts.— The Secretary shall establish in the Implementation Fund the following accounts:

(1)

The MR&I System, Irrigation, and Water Storage Account.

(2)

The Blackfeet Irrigation Project Deferred Maintenance and Four Horns Dam Safety Improvements Account.

(3)

The St. Mary/Milk Water Management and Activities Fund.

(c)

Deposits.— The Secretary shall deposit in the Implementation Fund—

(1)

in the MR&I System, Irrigation, and Water Storage Account, the amount made available pursuant to section 3718(a)(2)(A);

(2)

in the Blackfeet Irrigation Project Deferred Maintenance and Four Horns Dam Safety Improvements Account, the amount made available pursuant to section 3718(a)(2)(B); and

(3)

in the St. Mary/Milk Water Management and Activities Fund, the amount made available pursuant to section 3718(a)(2)(C).

(d)

Uses.—

(1)

MR&I system, irrigation, and water storage account.— The MR&I System, Irrigation, and Water Storage Account shall be used to carry out sections 3711 and 3712.

(2)

Blackfeet irrigation project deferred maintenance and four horns dam safety improvements account.— The Blackfeet Irrigation Project Deferred Maintenance and Four Horns Dam Safety Improvements Account shall be used to carry out section 3710.

(3)

St. mary/milk water management and activities account.— The St. Mary/Milk Water Management and Activities Account shall be used to carry out sections 3705 and 3707.

(e)

Management.— Amounts in the Implementation Fund shall not be available to the Secretary for expenditure until the enforceability date.

(f)

Interest.— In addition to the deposits under subsection (c), any interest credited to amounts unexpended in the Implementation Fund are authorized to be appropriated to be used in accordance with the uses described in subsection (d).

SEC. 3718. Authorization of Appropriations.

(a)

In General.— Subject to subsection (b), there are authorized to be appropriated to the Secretary—

(1)

as adjusted on appropriation to reflect changes since April 2010 in the Consumer Price Index for All Urban Consumers West Urban 50,000 to 1,500,000 index for the amount appropriated—

(A)

for deposit in the Administration and Energy Account of the Blackfeet Settlement Trust Fund established under section 3716(b)(1), $28,900,000;

(B)

for deposit in the OM&R Account of the Blackfeet Settlement Trust Fund established under section 3716(b)(2), $27,760,000;

(C)

for deposit in the St. Mary Account of the Blackfeet Settlement Trust Fund established under section 3716(b)(3), $27,800,000;

(D)

for deposit in the Blackfeet Water, Storage, and Development Projects Account of the Blackfeet Settlement Trust Fund established under section 3716(b)(4), $91,000,000; and

(E)

the amount of interest credited to the unexpended amounts of the Blackfeet Settlement Trust Fund; and

(2)

as adjusted annually to reflect changes since April 2010 in the Bureau of Reclamation Construction Cost Trends Index applicable to the types of construction involved—

(A)

for deposit in the MR&I System, Irrigation, and Water Storage Account of the Blackfeet Water Settlement Implementation Fund established under section 3717(b)(1), $163,500,000;

(B)

for deposit in the Blackfeet Irrigation Project Deferred Maintenance, Four Horns Dam Safety, and Rehabilitation and Enhancement of the Four Horns Feeder Canal, Dam, and Reservoir Improvements Account of the Blackfeet Water Settlement Implementation Fund established under section 3717(b)(2), $54,900,000, of which—

(i)

$40,900,000 shall be made available for activities and projects under section 3710(c); and

(ii)

$14,000,000 shall be made available for activities and projects under section 3710(d)(2);

(C)

for deposit in the St. Mary/Milk Water Management and Activities Account of the Blackfeet Water Settlement Implementation Fund established under section 3717(b)(3), $28,100,000, of which—

(i)

$27,600,000 shall be allocated in accordance with section 3707(g); and

(ii)

$500,000 shall be used to carry out section 3705; and

(D)

the amount of interest credited to the unexpended amounts of the Blackfeet Water Settlement Implementation Fund.

(b)

Adjustments.—

(1)

In general.— The adjustment of the amounts authorized to be appropriated pursuant to subsection (a)(1) shall occur each time an amount is appropriated for an account and shall add to, or subtract from, as applicable, the total amount authorized.

(2)

Repetition.— The adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated.

(3)

Treatment.— The amount of an adjustment may be considered—

(A)

to be authorized as of the date on which congressional action occurs; and

(B)

in determining the amount authorized to be appropriated.

SEC. 3719. Water Rights in Lewis and Clark National Forest and Glacier National Park.

The instream flow water rights of the Tribe on land within the Lewis and Clark National Forest and Glacier National Park—

(1)

are confirmed; and

(2)

shall be as described in the document entitled “Stipulation to Address Claims by and for the Benefit of the Blackfeet Indian Tribe to Water Rights in the Lewis & Clark National Forest and Glacier National Park” and as finally decreed by the Montana Water Court, or, if the Montana Water Court is found to lack jurisdiction, by the United States district court with jurisdiction.

SEC. 3720. Waivers and Releases of Claims.

(a)

In General.—

(1)

Waiver and release of claims by tribe and united states as trustee for tribe.— Subject to the reservation of rights and retention of claims under subsection (c), as consideration for recognition of the Tribal water rights and other benefits as described in the Compact and this subtitle, the Tribe, acting on behalf of the Tribe and members of the Tribe (but not any member of the Tribe as an allottee), and the United States, acting as trustee for the Tribe and the members of the Tribe (but not any member of the Tribe as an allottee), shall execute a waiver and release of all claims for water rights within the State that the Tribe, or the United States acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including a State stream adjudication, on or before the enforceability date, except to the extent that such rights are recognized in the Compact and this subtitle.

(2)

Waiver and release of claims by united states as trustee for allottees.— Subject to the reservation of rights and the retention of claims under subsection (c), as consideration for recognition of the Tribal water rights and other benefits as described in the Compact and this subtitle, the United States, acting as trustee for allottees, shall execute a waiver and release of all claims for water rights within the Reservation that the United States, acting as trustee for the allottees, asserted or could have asserted in any proceeding, including a State stream adjudication, on or before the enforceability date, except to the extent that such rights are recognized in the Compact and this subtitle.

(3)

Waiver and release of claims by tribe against united states.— Subject to the reservation of rights and retention of claims under subsection (d), the Tribe, acting on behalf of the Tribe and members of the Tribe (but not any member of the Tribe as an allottee), shall execute a waiver and release of all claims against the United States (including any agency or employee of the United States)—

(A)

relating to—

(i)

water rights within the State that the United States, acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including a stream adjudication in the State, except to the extent that such rights are recognized as Tribal water rights under this subtitle;

(ii)

damage, loss, or injury to water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights, claims relating to interference with, diversion, or taking of water, or claims relating to failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) within the State that first accrued at any time on or before the enforceability date;

(iii)

a failure to establish or provide a municipal rural or industrial water delivery system on the Reservation;

(iv)

a failure to provide for operation or maintenance, or deferred maintenance, for the Blackfeet Irrigation Project or any other irrigation system or irrigation project on the Reservation;

(v)

the litigation of claims relating to the water rights of the Tribe in the State; and

(vi)

the negotiation, execution, or adoption of the Compact (including exhibits) or this subtitle;

(B)

reserved in subsections (b) through (d) of section 3706 of the settlement for the case styled Blackfeet Tribe v. United States, No. 02–127L (Fed. Cl. 2012); and

(C)

that first accrued at any time on or before the enforceability date—

(i)

arising from the taking or acquisition of the land of the Tribe or resources for the construction of the features of the St. Mary Unit of the Milk River Project;

(ii)

relating to the construction, operation, and maintenance of the St. Mary Unit of the Milk River Project, including Sherburne Dam, St. Mary Diversion Dam, St. Mary Canal and associated infrastructure, and the management of flows in Swiftcurrent Creek, including the diversion of Swiftcurrent Creek into Lower St. Mary Lake;

(iii)

relating to the construction, operation, and management of Lower Two Medicine Dam and Reservoir and Four Horns Dam and Reservoir, including any claim relating to the failure to provide dam safety improvements for Four Horns Reservoir; or

(iv)

relating to the allocation of waters of the Milk River and St. Mary River (including tributaries) between the United States and Canada pursuant to the International Boundary Waters Treaty of 1909 (36 Stat. 2448).

(b)

Effectiveness.— The waivers and releases under subsection (a) shall take effect on the enforceability date.

(c)

Withdrawal of Objections.— The Tribe shall withdraw all objections to the water rights claims filed by the United States for the benefit of the Milk River Project, except objections to those claims consolidated for adjudication within Basin 40J, within 14 days of the certification under subsection (f)(5) that the Tribal membership has approved the Compact and this subtitle.

(1)

Prior to withdrawal of the objections, the Tribe may seek leave of the Montana Water Court for a right to reinstate the objections in the event the conditions of enforceability in subsection (f)(1) through (8) are not satisfied by the date of expiration described in section 3723 of this subtitle.

(2)

If the conditions of enforceability in subsection (f)(1) through (8) are satisfied, and any authority the Montana Water Court may have granted the Tribe to reinstate objections described in this section has not yet expired, the Tribe shall notify the Montana Water Court and the United States in writing that it will not exercise any such authority.

(d)

Reservation of Rights and Retention of Claims.— Notwithstanding the waivers and releases under subsection (a), the Tribe, acting on behalf of the Tribe and members of the Tribe, and the United States, acting as trustee for the Tribe and allottees, shall retain—

(1)

all claims relating to—

(A)

enforcement of, or claims accruing after the enforceability date relating to water rights recognized under, the Compact, any final decree, or this subtitle;

(B)

activities affecting the quality of water, including any claim under—

(i)

the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including damages to natural resources;

(ii)

the Safe Drinking Water Act (42 U.S.C. 300f et seq.);

(iii)

the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) (commonly referred to as the “Clean Water Act”); and

(iv)

any regulations implementing the Acts described in clauses (i) through (iii); or

(C)

damage, loss, or injury to land or natural resources that are not due to loss of water or water rights (including hunting, fishing, gathering, or cultural rights);

(2)

all rights to use and protect water rights acquired after the date of enactment of this Act; and

(3)

all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this subtitle or the Compact.

(e)

Effect of Compact and Subtitle.— Nothing in the Compact or this subtitle—

(1)

affects the ability of the United States, acting as a sovereign, to take any action authorized by law (including any law relating to health, safety, or the environment), including—

(A)

the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.);

(B)

the Safe Drinking Water Act (42 U.S.C. 300f et seq.);

(C)

the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) (commonly referred to as the “Clean Water Act”); and

(D)

any regulations implementing the Acts described in subparagraphs (A) through (C);

(2)

affects the ability of the United States to act as trustee for any other Indian tribe or allottee of any other Indian tribe;

(3)

confers jurisdiction on any State court—

(A)

to interpret Federal law regarding health, safety, or the environment;

(B)

to determine the duties of the United States or any other party pursuant to a Federal law regarding health, safety, or the environment; or

(C)

to conduct judicial review of a Federal agency action;

(4)

waives any claim of a member of the Tribe in an individual capacity that does not derive from a right of the Tribe;

(5)

revives any claim waived by the Tribe in the case styled Blackfeet Tribe v. United States, No. 02–127L (Fed. Cl. 2012); or

(6)

revives any claim released by an allottee or a tribal member in the settlement for the case styled Cobell v. Salazar, No. 1:96CV01285–JR (D.D.C. 2012).

(f)

Enforceability Date.— The enforceability date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that—

(1)

(A)

the Montana Water Court has approved the Compact, and that decision has become final and nonappealable; or

(B)

if the Montana Water Court is found to lack jurisdiction, the appropriate United States district court has approved the Compact, and that decision has become final and nonappealable;

(2)

all amounts authorized under section 3718(a) have been appropriated;

(3)

the agreements required by sections 3706(c), 3707(f), and 3709(c) have been executed;

(4)

the State has appropriated and paid into an interest-bearing escrow account any payments due as of the date of enactment of this Act to the Tribe under the Compact, the Birch Creek Agreement, and this subtitle;

(5)

the members of the Tribe have voted to approve this subtitle and the Compact by a majority of votes cast on the day of the vote, as certified by the Secretary and the Tribe;

(6)

the Secretary has fulfilled the requirements of section 3709(a);

(7)

the agreement or terms and conditions referred to in section 3705 are executed and final; and

(8)

the waivers and releases described in subsection (a) have been executed by the Tribe and the Secretary.

(g)

Tolling of Claims.—

(1)

In general.— Each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled during the period beginning on the date of enactment of this Act and ending on the date on which the amounts made available to carry out this subtitle are transferred to the Secretary.

(2)

Effect of subsection.— Nothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act.

(h)

Expiration.— If all appropriations authorized by this subtitle have not been made available to the Secretary by January 21, 2026, or such alternative later date as is agreed to by the Tribe and the Secretary, the waivers and releases described in this section shall—

(1)

expire; and

(2)

have no further force or effect.

(i)

Voiding of Waivers.— If the waivers and releases described in this section are void under subsection (h)—

(1)

the approval of the United States of the Compact under section 3704 shall no longer be effective;

(2)

any unexpended Federal funds appropriated or made available to carry out the activities authorized by this subtitle, together with any interest earned on those funds, and any water rights or contracts to use water and title to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized under this subtitle shall be returned to the Federal Government, unless otherwise agreed to by the Tribe and the United States and approved by Congress; and

(3)

except for Federal funds used to acquire or develop property that is returned to the Federal Government under paragraph (2), the United States shall be entitled to offset any Federal funds appropriated or made available to carry out the activities authorized under this subtitle that were expended or withdrawn, together with any interest accrued, against any claims against the United States relating to water rights in the State asserted by the Tribe or any user of the Tribal water rights or in any future settlement of the water rights of the Tribe or an allottee.

SEC. 3721. Satisfaction of Claims.

(a)

Tribal Claims.— The benefits realized by the Tribe under this subtitle shall be in complete replacement of, complete substitution for, and full satisfaction of all—

(1)

claims of the Tribe against the United States waived and released pursuant to section 3720(a); and

(2)

objections withdrawn pursuant to section 3720(c).

(b)

Allottee Claims.— The benefits realized by the allottees under this subtitle shall be in complete replacement of, complete substitution for, and full satisfaction of—

(1)

all claims waived and released pursuant to section 3720(a)(2); and

(2)

any claim of an allottee against the United States similar in nature to a claim described in section 3720(a)(2) that the allottee asserted or could have asserted.

SEC. 3722. Miscellaneous Provisions.

(a)

Waiver of Sovereign Immunity.— Except as provided in subsections (a) through (c) of section 208 of the Department of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing in this subtitle waives the sovereign immunity of the United States.

(b)

(c)

Limitation on Claims for Reimbursement.— With respect to any Indian-owned land located within the Reservation—

(1)

the United States shall not submit against that land any claim for reimbursement of the cost to the United States of carrying out this subtitle or the Compact; and

(2)

no assessment of that land shall be made regarding that cost.

(d)

Limitation on Liability of United States.—

(1)

In general.— The United States has no obligation—

(A)

to monitor, administer, or account for, in any manner, any funds provided to the Tribe by the State; or

(B)

to review or approve any expenditure of those funds.

(2)

Indemnity.— The Tribe shall indemnify the United States, and hold the United States harmless, with respect to all claims (including claims for takings or breach of trust) arising from the receipt or expenditure of amounts described in this subsection.

(e)

(f)

Effect on Reclamation Laws.— The activities carried out by the Commissioner of Reclamation under this subtitle shall not establish a precedent or impact the authority provided under any other provision of the reclamation laws, including—

(1)

the Reclamation Rural Water Supply Act of 2006 (43 U.S.C. 2401 et seq.); and

(2)

the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 991).

(g)

Irrigation Efficiency in Upper Birch Creek Drainage.— Any activity carried out by the Tribe in the Upper Birch Creek Drainage (as defined in article II.50 of the Compact) using funds made available to carry out this subtitle shall achieve an irrigation efficiency of not less than 50 percent.

(h)

Birch Creek Agreement Approval.— The Birch Creek Agreement is approved to the extent that the Birch Creek Agreement requires approval under section 2116 of the Revised Statutes (25 U.S.C. 177).

(i)

Limitation on Effect.— Nothing in this subtitle or the Compact—

(1)

makes an allocation or apportionment of water between or among States; or

(2)

addresses or implies whether, how, or to what extent the Tribal water rights, or any portion of the Tribal water rights, should be accounted for as part of, or otherwise charged against, an allocation or apportionment of water made to a State in an interstate allocation or apportionment.

SEC. 3723. Expiration on Failure to Meet Enforceability Date.

If the Secretary fails to publish a statement of findings under section 3720(f) by not later than January 21, 2025, or such alternative later date as is agreed to by the Tribe and the Secretary, after reasonable notice to the State, as applicable—

(1)

this subtitle expires effective on the later of—

(A)

January 22, 2025; and

(B)

the day after such alternative later date as is agreed to by the Tribe and the Secretary;

(2)

any action taken by the Secretary and any contract or agreement entered into pursuant to this subtitle shall be void;

(3)

any amounts made available under section 3718, together with any interest on those amounts, that remain unexpended shall immediately revert to the general fund of the Treasury, except for any funds made available under section 3716(e)(2) if the Montana Water Court denies the Tribe’s request to reinstate the objections in section 3720(c); and

(4)

the United States shall be entitled to offset against any claims asserted by the Tribe against the United States relating to water rights—

(A)

any funds expended or withdrawn from the amounts made available pursuant to this subtitle; and

(B)

any funds made available to carry out the activities authorized by this subtitle from other authorized sources, except for any funds provided under section 3716(e)(2) if the Montana Water court denies the Tribe’s request to reinstate the objections in section 3720(c).

SEC. 3724. Antideficiency.

The United States shall not be liable for any failure to carry out any obligation or activity authorized by this subtitle (including any obligation or activity under the Compact) if—

(1)

adequate appropriations are not provided expressly by Congress to carry out the purposes of this subtitle; or

(2)

there are not enough monies available to carry out the purposes of this subtitle in the Reclamation Water Settlements Fund established under section 10501(a) of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 407(a)).

Subtitle H Water Desalination

SEC. 3801. Reauthorization of Water Desalination Act of 1996.

(a)

Authorization of Research and Studies.— Section 3 of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298) is amended—

(1)

in subsection (a)—

(A)

in paragraph (6), by striking “ and” at the end;

(B)

in paragraph (7), by striking the period at the end and inserting a semicolon; and

(C)

by adding at the end the following:

“(8) development of metrics to analyze the costs and benefits of desalination relative to other sources of water (including costs and benefits related to associated infrastructure, energy use, environmental impacts, and diversification of water supplies); and

“(9) development of design and siting specifications that avoid or minimize, adverse economic and environmental impacts.”

; and

(2)

by adding at the end the following:

“(e) Prioritization.—In carrying out this section, the Secretary shall prioritize funding for research—

“(1) to reduce energy consumption and lower the cost of desalination, including chloride control;

“(2) to reduce the environmental impacts of seawater desalination and develop technology and strategies to minimize those impacts;

“(3) to improve existing reverse osmosis and membrane technology;

“(4) to carry out basic and applied research on next generation desalination technologies, including improved energy recovery systems and renewable energy-powered desalination systems that could significantly reduce desalination costs;

“(5) to develop portable or modular desalination units capable of providing temporary emergency water supplies for domestic or military deployment purposes; and

“(6) to develop and promote innovative desalination technologies, including chloride control, identified by the Secretary.”

(b)

Desalination Demonstration and Development.— Section 4 of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298) is amended by adding at the end the following:

“(c) Prioritization.—In carrying out demonstration and development activities under this section, the Secretary shall prioritize projects—

“(1) for the benefit of drought-stricken States and communities;

“(2) for the benefit of States that have authorized funding for research and development of desalination technologies and projects;

“(3) that can reduce reliance on imported water supplies that have an impact on species listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and

“(4) that demonstrably leverage the experience of international partners with considerable expertise in desalination, such as the State of Israel.

“(d) Water Production.—The Secretary shall provide, as part of the annual budget submission to Congress, an estimate of how much water has been produced and delivered in the past fiscal year using processes and facilities developed or demonstrated using assistance provided under sections 3 and 4. This submission shall include, to the extent practicable, available information on a detailed water accounting by process and facility and the cost per acre foot of water produced and delivered.”

(c)

Authorization of Appropriations.— Section 8 of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298) is amended—

(1)

in subsection (a), by striking “ 2013” and inserting “ 2021”; and

(2)

in subsection (b), by striking “ for each of fiscal years 2012 through 2013” and inserting “ for each of fiscal years 2017 through 2021”.

(d)

Consultation.— Section 9 of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298) is amended—

(1)

by striking the section designation and heading and all that follows through “ In carrying out” in the first sentence and inserting the following:

“SEC. 9. CONSULTATION AND COORDINATION.

“(a) Consultation.—In carrying out”

(2)

in the second sentence, by striking “ The authorization” and inserting the following:

“(c) Other Desalination Programs.—The authorization”

; and

(3)

by inserting after subsection (a) (as designated by paragraph (1)) the following:

“(b) Coordination of Federal Desalination Research and Development.—The White House Office of Science and Technology Policy shall develop a coordinated strategic plan that—

“(1) establishes priorities for future Federal investments in desalination;

“(2) coordinates the activities of Federal agencies involved in desalination, including the Bureau of Reclamation, the Corps of Engineers, the United States Army Tank Automotive Research, Development and Engineering Center, the National Science Foundation, the Office of Naval Research of the Department of Defense, the National Laboratories of the Department of Energy, the United States Geological Survey, the Environmental Protection Agency, and the National Oceanic and Atmospheric Administration;

“(3) strengthens research and development cooperation with international partners, such as the State of Israel, in the area of desalination technology; and

“(4) promotes public-private partnerships to develop a framework for assessing needs for, and to optimize siting and design of, future ocean desalination projects.”

Subtitle I Amendments to the Great Lakes Fish and Wildlife Restoration Act of 1990

SEC. 3901. Amendments to the Great Lakes Fish and Wildlife Restoration Act of 1990.

(a)

References.— Except as otherwise expressly provided, wherever in this section an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Great Lakes Fish and Wildlife Restoration Act of 1990 (16 U.S.C. 941 et seq.).

(b)

Findings.— The Act is amended by striking section 1002 and inserting the following:

“SEC. 1002. FINDINGS.

“Congress finds that—

“(1) the Great Lakes have fish and wildlife communities that are structurally and functionally changing;

“(2) successful fish and wildlife management focuses on the lakes as ecosystems, and effective management requires the coordination and integration of efforts of many partners;

“(3) additional actions and better coordination are needed to protect and effectively manage the fish and wildlife resources, and the habitats on which the resources depend, in the Great Lakes Basin; and

“(4) this Act allows Federal agencies, States, and Indian tribes to work in an effective partnership by providing the funding for restoration work.”

(c)

Identification, Review, and Implementation of Proposals and Regional Projects.—

(1)

Requirements for proposals and regional projects.— Section 1005(b)(2)(B) (16 U.S.C. 941c(b)(2)(B)) is amended—

(A)

in clause (v), by striking “ and” at the end;

(B)

in clause (vi), by striking the period at the end and inserting a semicolon; and

(C)

by adding at the end the following:

“(vii) the strategic action plan of the Great Lakes Restoration Initiative; and

“(viii) each applicable State wildlife action plan.”

(2)

Review of proposals.— Section 1005(c)(2)(C) (16 U.S.C. 941c(c)(2)(C)) is amended by striking “ Great Lakes Coordinator of the”.

(3)

Cost sharing.— Section 1005(e) (16 U.S.C. 941c(e)) is amended—

(A)

in paragraph (1)—

(i)

by striking “ Except as provided in paragraphs (2) and (4), not less than 25 percent of the cost of implementing a proposal” and inserting the following:

“(A) Non-federal share.—Except as provided in paragraphs (3) and (5) and subject to paragraph (2), not less than 25 percent of the cost of implementing a proposal or regional project”

; and

(ii)

by adding at the end the following:

“(B) Time period for providing match.—The non-Federal share of the cost of implementing a proposal or regional project required under subparagraph (A) may be provided at any time during the 2-year period preceding January 1 of the year in which the Director receives the application for the proposal or regional project.”

(B)

by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and

(C)

by inserting before paragraph (3) (as so redesignated) the following:

“(2) Authorized sources of non-federal share.—

“(A) In general.—The Director may determine the non-Federal share under paragraph (1) by taking into account—

“(i) the appraised value of land or a conservation easement as described in subparagraph (B); or

“(ii) as described in subparagraph (C), the costs associated with—

“(I) securing a conservation easement; and

“(II) restoration or enhancement of the conservation easement.

“(B) Appraisal of conservation easement.—

“(i) In general.—The value of a conservation easement may be used to satisfy the non-Federal share of the cost of implementing a proposal or regional project required under paragraph (1)(A) if the Director determines that the conservation easement—

“(I) meets the requirements of subsection (b)(2);

“(II) is acquired before the end of the grant period of the proposal or regional project;

“(III) is held in perpetuity for the conservation purposes of the programs of the United States Fish and Wildlife Service related to the Great Lakes Basin, as described in section 1006, by an accredited land trust or conservancy or a Federal, State, or tribal agency;

“(IV) is connected either physically or through a conservation planning process to the proposal or regional project; and

“(V) is appraised in accordance with clause (ii).

“(ii) Appraisal.—With respect to the appraisal of a conservation easement described in clause (i)—

“(I) the appraisal valuation date shall be not later than 1 year after the price of the conservation easement was set under a contract; and

“(II) the appraisal shall—

“(aa) conform to the Uniform Standards of Professional Appraisal Practice (USPAP); and

“(bb) be completed by a Federal- or State-certified appraiser.

“(C) Costs of securing conservation easements.—

“(i) In general.—All costs associated with securing a conservation easement and restoration or enhancement of that conservation easement may be used to satisfy the non-Federal share of the cost of implementing a proposal or regional project required under paragraph (1)(A) if the activities and expenses associated with securing the conservation easement and restoration or enhancement of that conservation easement meet the requirements of subparagraph (B)(i).

“(ii) Inclusion.—The costs referred to in clause (i) may include cash, in-kind contributions, and indirect costs.

“(iii) Exclusion.—The costs referred to in clause (i) may not be costs associated with mitigation or litigation (other than costs associated with the Natural Resource Damage Assessment program).”

(d)

Establishment of Offices.— Section 1007 (16 U.S.C. 941e) is amended—

(1)

in subsection (b)—

(A)

in the subsection heading, by striking “ Fishery Resources” and inserting “ Fish and Wildlife Conservation”; and

(B)

by striking “ Fishery Resources” each place it appears and inserting “ Fish and Wildlife Conservation”;

(2)

in subsection (c)—

(A)

in the subsection heading, by striking “ Fishery Resources” and inserting “ Fish and Wildlife Conservation”; and

(B)

by striking “ Fishery Resources” each place it appears and inserting “ Fish and Wildlife Conservation”;

(3)

by striking subsection (a); and

(4)

by redesignating subsections (b) and (c) as subsections (a) and (b), respectively.

(e)

Reports.— Section 1008 (16 U.S.C. 941f) is amended—

(1)

in subsection (a), in the matter preceding paragraph (1), by striking “ 2011” and inserting “ 2021”;

(2)

in subsection (b)—

(A)

in the matter preceding paragraph (1), by striking “ 2007 through 2012” and inserting “ 2016 through 2020”; and

(B)

in paragraph (5), by inserting “ the Great Lakes Restoration Initiative Action Plan based on” after “ in support of”; and

(3)

by striking subsection (c) and inserting the following:

“(c) Continued Monitoring and Assessment of Study Findings and Recommendations.—The Director—

“(1) shall continue to monitor the status, and the assessment, management, and restoration needs, of the fish and wildlife resources of the Great Lakes Basin; and

“(2) may reassess and update, as necessary, the findings and recommendations of the Report.”

(f)

Authorization of Appropriations.— Section 1009 (16 U.S.C. 941g) is amended—

(1)

in the matter preceding paragraph (1), by striking “ 2007 through 2012” and inserting “ 2016 through 2021”;

(2)

in paragraph (1)—

(A)

in the matter preceding subparagraph (A), by striking “ $14,000,000” and inserting “ $6,000,000”;

(B)

in subparagraph (A), by striking “ $4,600,000” and inserting “ $2,000,000”; and

(C)

in subparagraph (B), by striking “ $700,000” and inserting “ $300,000”; and

(3)

in paragraph (2), by striking “ the activities of” and all that follows through “ section 1007” and inserting “ the activities of the Upper Great Lakes Fish and Wildlife Conservation Offices and the Lower Great Lakes Fish and Wildlife Conservation Office under section 1007”.

(g)

Prohibition on Use of Funds for Federal Acquisition of Interests in Land.— Section 1009 (16 U.S.C. 941g) is further amended—

(1)

by inserting before the sentence the following:

“(a) Authorization.—”

; and

(2)

by adding at the end the following:

“(b) Prohibition on Use of Funds for Federal Acquisition of Interests in Land.—No funds appropriated or used to carry out this Act may be used for acquisition by the Federal Government of any interest in land.”

(h)

Conforming Amendment.— Section 8 of the Great Lakes Fish and Wildlife Restoration Act of 2006 (16 U.S.C. 941 note; Public Law 109–326) is repealed.

Subtitle J California Water

SEC. 4001. Operations and Reviews.

(a)

Water Supplies.— The Secretary of the Interior and Secretary of Commerce shall provide the maximum quantity of water supplies practicable to Central Valley Project agricultural, municipal and industrial contractors, water service or repayment contractors, water rights settlement contractors, exchange contractors, refuge contractors, and State Water Project contractors, by approving, in accordance with applicable Federal and State laws (including regulations), operations or temporary projects to provide additional water supplies as quickly as possible, based on available information.

(b)

Administration.— In carrying out subsection (a), the Secretary of the Interior and Secretary of Commerce shall, consistent with applicable laws (including regulations)—

(1)

(A)

in close coordination with the California Department of Water Resources and the California Department of Fish and Wildlife, implement a pilot project to test and evaluate the ability to operate the Delta cross-channel gates daily or as otherwise may be appropriate to keep them open to the greatest extent practicable to protect out-migrating salmonids, manage salinities in the interior Delta and any other water quality issues, and maximize Central Valley Project and State Water Project pumping, subject to the condition that the pilot project shall be designed and implemented consistent with operational criteria and monitoring criteria required by the California State Water Resources Control Board; and

(B)

design, implement, and evaluate such real-time monitoring capabilities to enable effective real-time operations of the cross channel in order efficiently to meet the objectives described in subparagraph (A);

(2)

with respect to the operation of the Delta cross-channel gates described in paragraph (1), collect data on the impact of that operation on—

(A)

species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(B)

water quality; and

(C)

water supply benefits;

(3)

collaborate with the California Department of Water Resources to install a deflection barrier at Georgiana Slough and the Delta Cross Channel Gate to protect migrating salmonids, consistent with knowledge gained from activities carried out during 2014 and 2015;

(4)

upon completion of the pilot project in paragraph (1), submit to the Senate Committees on Energy and Natural Resources and Environment and Public Works and the House Committee on Natural Resources a written notice and explanation on the extent to which the gates are able to remain open and the pilot project achieves all the goals set forth in paragraphs (1) through (3);

(5)

implement turbidity control strategies that may allow for increased water deliveries while avoiding jeopardy to adult Delta smelt (Hypomesus transpacificus);

(6)

in a timely manner, evaluate any proposal to increase flow in the San Joaquin River through a voluntary sale, transfer, or exchange of water from an agency with rights to divert water from the San Joaquin River or its tributaries;

(7)

adopt a 1:1 inflow to export ratio for the increment of increased flow, as measured as a 3-day running average at Vernalis during the period from April 1 through May 31, that results from the voluntary sale, transfer, or exchange, unless the Secretary of the Interior and Secretary of Commerce determine in writing that a 1:1 inflow to export ratio for that increment of increased flow will cause additional adverse effects on listed salmonid species beyond the range of the effects anticipated to occur to the listed salmonid species for the duration of the salmonid biological opinion using the best scientific and commercial data available; and subject to the condition that any individual sale, transfer, or exchange using a 1:1 inflow to export ratio adopted under the authority of this section may only proceed if—

(A)

the Secretary of the Interior determines that the environmental effects of the proposed sale, transfer, or exchange are consistent with effects permitted under applicable law (including the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.), and the Porter-Cologne Water Quality Control Act (California Water Code 13000 et seq.));

(B)

Delta conditions are suitable to allow movement of the acquired, transferred, or exchanged water through the Delta consistent with existing Central Valley Project and State Water Project permitted water rights and the requirements of subsection (a)(1)(H) of the Central Valley Project Improvement Act; and

(C)

such voluntary sale, transfer, or exchange of water results in flow that is in addition to flow that otherwise would occur in the absence of the voluntary sale, transfer, or exchange;

(8)

(A)

issue all necessary permit decisions during emergency consultation under the authority of the Secretary of the Interior and Secretary of Commerce not later than 60 days after receiving a completed application by the State to place and use temporary barriers or operable gates in Delta channels to improve water quantity and quality for State Water Project and Central Valley Project south-of-Delta water contractors and other water users, which barriers or gates shall provide benefits for species protection and in-Delta water user water quality, provided that they are designed so that, if practicable, formal consultations under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) are not necessary; and

(B)

take longer to issue the permit decisions in subparagraph (A) only if the Secretary determines in writing that an Environmental Impact Statement is needed for the proposal to comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(9)

allow and facilitate, consistent with existing priorities, water transfers through the C.W. “Bill” Jones Pumping Plant or the Harvey O. Banks Pumping Plant from April 1 to November 30;

(10)

require the Director of the United States Fish and Wildlife Service and the Commissioner of Reclamation to—

(A)

determine if a written transfer proposal is complete within 30 days after the date of submission of the proposal. If the contracting district or agency or the Secretary determines that the proposal is incomplete, the district or agency or the Secretary shall state with specificity what must be added to or revised for the proposal to be complete;

(B)

complete all requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. et seq.) necessary to make final permit decisions on water transfer requests in the State, not later than 45 days after receiving a completed request;

(C)

take longer to issue the permit decisions in subparagraph (B) only if the Secretary determines in writing that an Environmental Impact Statement is needed for the proposal to comply with the National Environmental Policy Act of 1969 (42 U.S.C. et seq.), or that the application is incomplete pursuant to subparagraph (A); and

(D)

approve any water transfer request described in subparagraph (A) to maximize the quantity of water supplies on the condition that actions associated with the water transfer are consistent with—

(i)

existing Central Valley Project and State Water Project permitted water rights and the requirements of section 3405(a)(1)(H) of the Central Valley Project Improvement Act; and

(ii)

all other applicable laws and regulations;

(11)

in coordination with the Secretary of Agriculture, enter into an agreement with the National Academy of Sciences to conduct a comprehensive study, to be completed not later than 1 year after the date of enactment of this subtitle, on the effectiveness and environmental impacts of salt cedar biological control efforts on increasing water supplies and improving riparian habitats of the Colorado River and its principal tributaries, in the State of California and elsewhere;

(12)

pursuant to the research and adaptive management procedures of the smelt biological opinion and the salmonid biological opinion use all available scientific tools to identify any changes to the real-time operations of Bureau of Reclamation, State, and local water projects that could result in the availability of additional water supplies; and

(13)

determine whether alternative operational or other management measures would meet applicable regulatory requirements for listed species while maximizing water supplies and water supply reliability; and

(14)

continue to vary the averaging period of the Delta Export/Inflow ratio, to the extent consistent with any applicable State Water Resources Control Board orders under decision D–1641, to operate to a

(A)

ratio using a 3-day averaging period on the rising limb of a Delta inflow hydrograph; and

(B)

14-day averaging period on the falling limb of the Delta inflow hydrograph.

(c)

Other Agencies.— To the extent that a Federal agency other than the Department of the Interior and the Department of Commerce has a role in approving projects described in subsections (a) and (b), this section shall apply to the Federal agency.

(d)

Accelerated Project Decision and Elevation.—

(1)

In general.— On request of the Governor of California, the Secretary of the Interior and Secretary of Commerce shall use the expedited procedures under this subsection to make final decisions relating to Federal or federally approved projects or operational changes proposed pursuant to subsections (a) and (b) to provide additional water supplies or otherwise address emergency drought conditions.

(2)

Request for resolution.— Not later than 7 days after receiving a request of the Governor of California, the Secretaries referred to in paragraph (1), or the head of another Federal agency responsible for carrying out a review of a project, as applicable, the Secretary of the Interior shall convene a final project decision meeting with the heads of all relevant Federal agencies to decide whether to approve a project to provide emergency water supplies or otherwise address emergency drought condition.

(3)

Notification.— Upon receipt of a request for a meeting under this subsection, the Secretary of the Interior shall notify the heads of all relevant Federal agencies of the request, including a description of the project to be reviewed and the date for the meeting.

(4)

Decision.— Not later than 10 days after the date on which a meeting is requested under paragraph (2), the head of the relevant Federal agency shall issue a final decision on the project.

(2)

Meeting convened by secretary.— The Secretary of the Interior may convene a final project decision meeting under this subsection at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under paragraph (2).

(3)

Limitation.— The expedited procedures under this subsection apply only to—

(A)

proposed new Federal projects or operational changes pursuant to subsection (a) or (b); and

(B)

the extent they are consistent with applicable laws (including regulations).

(e)

Operations Plan.— The Secretaries of Commerce and the Interior, in consultation with appropriate State officials, shall develop an operations plan that is consistent with the provisions of this subtitle and other applicable Federal and State laws, including provisions that are intended to provide additional water supplies that could be of assistance during the current drought.

SEC. 4002. Scientifically Supported Implementation of Omr Flow Requirements.

(a)

In General.— In implementing the provisions of the smelt biological opinion and the salmonid biological opinion, the Secretary of the Interior and the Secretary of Commerce shall manage reverse flow in Old and Middle Rivers at the most negative reverse flow rate allowed under the applicable biological opinion to maximize water supplies for the Central Valley Project and the State Water Project, unless that management of reverse flow in Old and Middle Rivers to maximize water supplies would cause additional adverse effects on the listed fish species beyond the range of effects anticipated to occur to the listed fish species for the duration of the applicable biological opinion, or would be inconsistent with applicable State law requirements, including water quality, salinity control, and compliance with State Water Resources Control Board Order D–1641 or a successor order.

(b)

Requirements.— If the Secretary of the Interior or Secretary of Commerce determines to manage rates of pumping at the C.W. “Bill” Jones and the Harvey O. Banks pumping plants in the southern Delta to achieve a reverse OMR flow rate less negative than the most negative reverse flow rate prescribed by the applicable biological opinion, the Secretary shall—

(1)

document in writing any significant facts regarding real-time conditions relevant to the determinations of OMR reverse flow rates, including—

(A)

targeted real-time fish monitoring in the Old River pursuant to this section, including as it pertains to the smelt biological opinion monitoring of Delta smelt in the vicinity of Station 902;

(B)

near-term forecasts with available salvage models under prevailing conditions of the effects on the listed species of OMR flow at the most negative reverse flow rate prescribed by the biological opinion; and

(C)

any requirements under applicable State law; and

(2)

explain in writing why any decision to manage OMR reverse flow at rates less negative than the most negative reverse flow rate prescribed by the biological opinion is necessary to avoid additional adverse effects on the listed fish species beyond the range of effects anticipated to occur to the listed fish species for the duration of the applicable biological opinion, after considering relevant factors such as—

(A)

the distribution of the listed species throughout the Delta;

(B)

the potential effects of high entrainment risk on subsequent species abundance;

(C)

the water temperature;

(D)

other significant factors relevant to the determination, as required by applicable Federal or State laws;

(E)

turbidity; and

(F)

whether any alternative measures could have a substantially lesser water supply impact.

(c)

Level of Detail Required.— The analyses and documentation required by this section shall be comparable to the depth and complexity as is appropriate for real time decision-making. This section shall not be interpreted to require a level of administrative findings and documentation that could impede the execution of effective real time adaptive management.

(d)

First Sediment Flush.— During the first flush of sediment out of the Delta in each water year, and provided that such determination is based upon objective evidence, notwithstanding subsection (a), the Secretary of the Interior shall manage OMR flow pursuant to the provisions of the smelt biological opinion that protects adult Delta smelt from the first flush if required to do so by the smelt biological opinion.

(e)

Construction.— The Secretary of the Interior and the Secretary of Commerce are authorized to implement subsection (a) consistent with the results of monitoring through Early Warning Surveys to make real time operational decisions consistent with the current applicable biological opinion.

(f)

Calculation of Reverse Flow in OMR.— Within 180 days of the enactment of this subtitle, the Secretary of the Interior is directed, in consultation with the California Department of Water Resources, and consistent with the smelt biological opinion and the salmonid biological opinion, to review, modify, and implement, if appropriate, the method used to calculate reverse flow in Old and Middle Rivers, for implementation of the reasonable and prudent alternatives in the smelt biological opinion and the salmonid biological opinion, and any succeeding biological opinions.

SEC. 4003. Temporary Operational Flexibility for Storm Events.

(a)

In General.—

(1)

Nothing in this subtitle authorizes additional adverse effects on listed species beyond the range of the effects anticipated to occur to the listed species for the duration of the smelt biological opinion or salmonid biological opinion, using the best scientific and commercial data available.

(2)

When consistent with the environmental protection mandate in paragraph (1) while maximizing water supplies for Central Valley Project and State Water Project contractors, the Secretary of the Interior and the Secretary of Commerce, through an operations plan, shall evaluate and may authorize the Central Valley Project and the State Water Project, combined, to operate at levels that result in OMR flows more negative than the most negative reverse flow rate prescribed by the applicable biological opinion (based on United States Geological Survey gauges on Old and Middle Rivers) daily average as described in subsections (b) and (c) to capture peak flows during storm-related events.

(b)

Factors to Be Considered.— In determining additional adverse effects on any listed fish species beyond the range of effects anticipated to occur to the listed fish species for the duration of the smelt biological opinion or salmonid biological opinion, using the best scientific and commercial data available, the Secretaries of the Interior and Commerce may consider factors including:

(1)

The degree to which the Delta outflow index indicates a higher level of flow available for diversion.

(2)

Relevant physical parameters including projected inflows, turbidity, salinities, and tidal cycles.

(3)

The real-time distribution of listed species.

(c)

Other Environmental Protections.—

(1)

State law.— The actions of the Secretary of the Interior and the Secretary of Commerce under this section shall be consistent with applicable regulatory requirements under State law.

(2)

First sediment flush.— During the first flush of sediment out of the Delta in each water year, and provided that such determination is based upon objective evidence, the Secretary of the Interior shall manage OMR flow pursuant to the portion of the smelt biological opinion that protects adult Delta smelt from the first flush if required to do so by the smelt biological opinion.

(3)

Applicability of opinion.— This section shall not affect the application of the salmonid biological opinion from April 1 to May 31, unless the Secretary of Commerce finds that some or all of such applicable requirements may be adjusted during this time period to provide emergency water supply relief without resulting in additional adverse effects on listed salmonid species beyond the range of the effects anticipated to occur to the listed salmonid species for the duration of the salmonid biological opinion using the best scientific and commercial data available. In addition to any other actions to benefit water supply, the Secretary of the Interior and the Secretary of Commerce shall consider allowing through-Delta water transfers to occur during this period if they can be accomplished consistent with section 3405(a)(1)(H) of the Central Valley Project Improvement Act and other applicable law. Water transfers solely or exclusively through the State Water Project are not required to be consistent with subsection (a)(1)(H) of the Central Valley Project Improvement Act.

(4)

Monitoring.— During operations under this section, the Commissioner of Reclamation, in coordination with the Fish and Wildlife Service, National Marine Fisheries Service, and California Department of Fish and Wildlife, shall undertake expanded monitoring programs and other data gathering to improve the efficiency of operations for listed species protections and Central Valley Project and State Water Project water supply to ensure incidental take levels are not exceeded, and to identify potential negative impacts, if any.

(d)

Effect of High Outflows.— When exercising their authorities to capture peak flows pursuant to subsection (c), the Secretary of the Interior and the Secretary of Commerce shall not count such days toward the 5-day and 14-day running averages of tidally filtered daily Old and Middle River flow requirements under the smelt biological opinion and salmonid biological opinion, unless doing so is required to avoid additional adverse effects on listed fish species beyond those anticipated to occur through implementation of the smelt biological opinion and salmonid biological opinion using the best scientific and commercial data available.

(e)

Level of Detail Required for Analysis.— In articulating the determinations required under this section, the Secretary of the Interior and the Secretary of Commerce shall fully satisfy the requirements herein but shall not be expected to provide a greater level of supporting detail for the analysis than feasible to provide within the short timeframe permitted for timely real-time decisionmaking in response to changing conditions in the Delta.

SEC. 4004. Consultation on Coordinated Operations.

(a)

Resolution of Water Resource Issues.— In furtherance of the policy established by section 2(c)(2) of the Endangered Species Act of 1973, that Federal agencies shall cooperate with State and local agencies to resolve water resource issues in concert with conservation of endangered species, in any consultation or reconsultation on the coordinated operations of the Central Valley Project and the State Water Project, the Secretaries of the Interior and Commerce shall ensure that any public water agency that contracts for the delivery of water from the Central Valley Project or the State Water Project that so requests shall—

(1)

have routine and continuing opportunities to discuss and submit information to the action agency for consideration during the development of any biological assessment;

(2)

be informed by the action agency of the schedule for preparation of a biological assessment;

(3)

be informed by the consulting agency, the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, of the schedule for preparation of the biological opinion at such time as the biological assessment is submitted to the consulting agency by the action agency;

(4)

receive a copy of any draft biological opinion and have the opportunity to review that document and provide comment to the consulting agency through the action agency, which comments will be afforded due consideration during the consultation;

(5)

have the opportunity to confer with the action agency and applicant, if any, about reasonable and prudent alternatives prior to the action agency or applicant identifying one or more reasonable and prudent alternatives for consideration by the consulting agency; and

(6)

where the consulting agency suggests a reasonable and prudent alternative be informed—

(A)

how each component of the alternative will contribute to avoiding jeopardy or adverse modification of critical habitat and the scientific data or information that supports each component of the alternative; and

(B)

why other proposed alternative actions that would have fewer adverse water supply and economic impacts are inadequate to avoid jeopardy or adverse modification of critical habitat.

(b)

Input.— When consultation is ongoing, the Secretaries of the Interior and Commerce shall regularly solicit input from and report their progress to the Collaborative Adaptive Management Team and the Collaborative Science and Adaptive Management Program policy group. The Collaborative Adaptive Management Team and the Collaborative Science and Adaptive Management Program policy group may provide the Secretaries with recommendations to improve the effects analysis and Federal agency determinations. The Secretaries shall give due consideration to the recommendations when developing the Biological Assessment and Biological Opinion.

(c)

Meetings.— The Secretaries shall establish a quarterly stakeholder meeting during any consultation or reconsultation for the purpose of providing updates on the development of the Biological Assessment and Biological Opinion. The quarterly stakeholder meeting shall be open to stakeholders identified by the Secretaries representing a broad range of interests including environmental, recreational and commercial fishing, agricultural, municipal, Delta, and other regional interests, and including stakeholders that are not state or local agencies.

(d)

Clarification.— Neither subsection (b) or (c) of this section may be used to meet the requirements of subsection (a).

(e)

Non-applicability of FACA.— For the purposes of subsection (b), the Collaborative Adaptive Management Team, the Collaborative Science and Adaptive Management Program policy group, and any recommendations made to the Secretaries, are exempt from the Federal Advisory Committee Act.

SEC. 4005. Protections.

(a)

Applicability.— This section shall apply only to sections 4001 through 4006.

(b)

Offset for State Water Project.—

(1)

Implementation impacts.— The Secretary of the Interior shall confer with the California Department of Fish and Wildlife in connection with the implementation of the applicable provisions of this subtitle on potential impacts to any consistency determination for operations of the State Water Project issued pursuant to California Fish and Game Code section 2080.1.

(2)

Additional yield.— If, as a result of the application of the applicable provisions of this subtitle, the California Department of Fish and Wildlife—

(A)

determines that operations of the State Water Project are inconsistent with the consistency determinations issued pursuant to California Fish and Game Code section 2080.1 for operations of the State Water Project; or

(B)

requires take authorization under California Fish and Game Code section 2081 for operation of the State Water Project;

in a manner that directly or indirectly results in reduced water supply to the State Water Project as compared with the water supply available under the smelt biological opinion and the salmonid biological opinion; and as a result, Central Valley Project yield is greater than it otherwise would have been, then that additional yield shall be made available to the State Water Project for delivery to State Water Project contractors to offset that reduced water supply, provided that if it is necessary to reduce water supplies for any Central Valley Project authorized uses or contractors to make available to the State Water Project that additional yield, such reductions shall be applied proportionately to those uses or contractors that benefit from that increased yield.

(3)

Notification related to environmental protections.— The Secretary of the Interior and Secretary of Commerce shall—

(A)

notify the Director of the California Department of Fish and Wildlife regarding any changes in the manner in which the smelt biological opinion or the salmonid biological opinion is implemented; and

(B)

confirm that those changes are consistent with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

(4)

Savings.— Nothing in the applicable provisions of this subtitle shall have any effect on the application of the California Endangered Species Act (California Fish and Game Code sections 2050 through 2116).

(c)

Area of Origin and Water Rights Protections.—

(1)

In general.— The Secretary of the Interior and the Secretary of Commerce, in carrying out the mandates of the applicable provisions of this subtitle, shall take no action that—

(A)

diminishes, impairs, or otherwise affects in any manner any area of origin, watershed of origin, county of origin, or any other water rights protection, including rights to water appropriated before December 19, 1914, provided under State law;

(B)

limits, expands or otherwise affects the application of section 10505, 10505.5, 11128, 11460, 11461, 11462, 11463 or 12200 through 12220 of the California Water Code or any other provision of State water rights law, without respect to whether such a provision is specifically referred to in this section; or

(C)

diminishes, impairs, or otherwise affects in any manner any water rights or water rights priorities under applicable law.

(2)

Effect of act.—

(A)

Nothing in the applicable provisions of this subtitle affects or modifies any obligation of the Secretary of the Interior under section 8 of the Act of June 17, 1902 (32 Stat. 390, chapter 1093).

(B)

Nothing in the applicable provisions of this subtitle diminishes, impairs, or otherwise affects in any manner any Project purposes or priorities for the allocation, delivery or use of water under applicable law, including the Project purposes and priorities established under section 3402 and section 3406 of the Central Valley Project Improvement Act (Public Law 102–575; 106 Stat. 4706).

(d)

No Redirected Adverse Impacts.—

(1)

In general.— The Secretary of the Interior and Secretary of Commerce shall not carry out any specific action authorized under the applicable provisions of this subtitle that would directly or through State agency action indirectly result in the involuntary reduction of water supply to an individual, district, or agency that has in effect a contract for water with the State Water Project or the Central Valley Project, including Settlement and Exchange contracts, refuge contracts, and Friant Division contracts, as compared to the water supply that would be provided in the absence of action under this subtitle, and nothing in this section is intended to modify, amend or affect any of the rights and obligations of the parties to such contracts.

(2)

Action on determination.— If, after exploring all options, the Secretary of the Interior or the Secretary of Commerce makes a final determination that a proposed action under the applicable provisions of this subtitle cannot be carried out in accordance with paragraph (1), that Secretary—

(A)

shall document that determination in writing for that action, including a statement of the facts relied on, and an explanation of the basis, for the decision; and

(B)

is subject to applicable law, including the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

(e)

Allocations for Sacramento Valley Water Service Contractors.—

(1)

Definitions.— In this subsection:

(A)

Existing central valley project agricultural water service contractor within the sacramento river watershed.— The term “existing Central Valley Project agricultural water service contractor within the Sacramento River Watershed” means any water service contractor within the Shasta, Trinity, or Sacramento River division of the Central Valley Project that has in effect a water service contract on the date of enactment of this subtitle that provides water for irrigation.

(B)

Year terms.— The terms “Above Normal”, “Below Normal”, “Dry”, and “Wet”, with respect to a year, have the meanings given those terms in the Sacramento Valley Water Year Type (40–30–30) Index.

(2)

Allocations of water.—

(A)

Allocations.— Subject to paragraph (3), the Secretary of the Interior shall make every reasonable effort in the operation of the Central Valley Project to allocate water provided for irrigation purposes to each existing Central Valley Project agricultural water service contractor within the Sacramento River Watershed in accordance with the following:

(i)

Not less than 100 percent of the contract quantity of the existing Central Valley Project agricultural water service contractor within the Sacramento River Watershed in a “Wet” year.

(ii)

Not less than 100 percent of the contract quantity of the existing Central Valley Project agricultural water service Contractor within the Sacramento River Watershed in an “Above Normal” year.

(iii)

Not less than 100 percent of the contract quantity of the existing Central Valley Project agricultural water service contractor within the Sacramento River Watershed in a “Below Normal” year that is preceded by an “Above Normal” or “Wet” year.

(iv)

Not less than 50 percent of the contract quantity of the existing Central Valley Project agricultural water service contractor within the Sacramento River Watershed in a “Dry” year that is preceded by a “Below Normal”, “Above Normal”, or “Wet” year.

(v)

In any other year not identified in any of clauses (i) through (iv), not less than twice the allocation percentage to south-of-Delta Central Valley Project agricultural water service contractors, up to 100 percent.

(B)

Effect of clause.— In the event of anomalous circumstances, nothing in clause (A)(v) precludes an allocation to an existing Central Valley Project agricultural water service contractor within the Sacramento River Watershed that is greater than twice the allocation percentage to a south-of-Delta Central Valley Project agricultural water service contractor.

(3)

Protection of environment, municipal and industrial supplies, and other contractors.—

(A)

Environment.— Nothing in paragraph (2) shall adversely affect any protections for the environment, including—

(i)

the obligation of the Secretary of the Interior to make water available to managed wetlands pursuant to section 3406(d) of the Central Valley Project Improvement Act (Public Law 102–575; 106 Stat. 4722); or

(ii)

any obligation—

(I)

of the Secretary of the Interior and the Secretary of Commerce under the smelt biological opinion, the salmonid biological opinion, or any other applicable biological opinion; including the Shasta Dam cold water pool requirements as set forth in the salmonid biological opinion or any other applicable State or Federal law (including regulations); or

(II)

under the Endangered Species Act of 1973 (16 U.S.C. et seq.), the Central Valley Project Improvement Act (Public Law 102–575; 106 Stat. 4706), or any other applicable State or Federal law (including regulations).

(B)

Municipal and industrial supplies.— Nothing in paragraph (2) shall—

(i)

modify any provision of a water service contract that addresses municipal or industrial water shortage policies of the Secretary of the Interior and the Secretary of Commerce;

(ii)

affect or limit the authority of the Secretary of the Interior and the Secretary of Commerce to adopt or modify municipal and industrial water shortage policies;

(iii)

affect or limit the authority of the Secretary of the Interior and the Secretary of Commerce to implement a municipal or industrial water shortage policy;

(iv)

constrain, govern, or affect, directly or indirectly, the operations of the American River division of the Central Valley Project or any deliveries from that division or a unit or facility of that division; or

(v)

affects any allocation to a Central Valley Project municipal or industrial water service contractor by increasing or decreasing allocations to the contractor, as compared to the allocation the contractor would have received absent paragraph (2).

(C)

Other contractors.— Nothing in paragraph (2) shall—

(i)

affect the priority of any individual or entity with a Sacramento River settlement contract over water service or repayment contractors;

(ii)

affect the obligation of the United States to make a substitute supply of water available to the San Joaquin River exchange contractors;

(iii)

affect the allocation of water to Friant division contractors of the Central Valley Project;

(iv)

result in the involuntary reduction in contract water allocations to individuals or entities with contracts to receive water from the Friant division;

(v)

result in the involuntary reduction in water allocations to refuge contractors; or

(vi)

authorize any actions inconsistent with State water rights law.

SEC. 4006. New Melones Reservoir.

The Commissioner is directed to work with local water and irrigation districts in the Stanislaus River Basin to ascertain the water storage made available by the Draft Plan of Operations in New Melones Reservoir (DRPO) for water conservation programs, conjunctive use projects, water transfers, rescheduled project water and other projects to maximize water storage and ensure the beneficial use of the water resources in the Stanislaus River Basin. All such programs and projects shall be implemented according to all applicable laws and regulations. The source of water for any such storage program at New Melones Reservoir shall be made available under a valid water right, consistent with the State water transfer guidelines and any other applicable State water law. The Commissioner shall inform the Congress within 18 months setting forth the amount of storage made available by the DRPO that has been put to use under this program, including proposals received by the Commissioner from interested parties for the purpose of this section.

SEC. 4007. Storage.

(a)

Definitions.— In this subtitle:

(1)

Federally owned storage project.— The term “federally owned storage project” means any project involving a surface water storage facility in a Reclamation State—

(A)

to which the United States holds title; and

(B)

that was authorized to be constructed, operated, and maintained pursuant to the reclamation laws.

(2)

State-led storage project.— The term “State-led storage project” means any project in a Reclamation State that—

(A)

involves a groundwater or surface water storage facility constructed, operated, and maintained by any State, department of a State, subdivision of a State, or public agency organized pursuant to State law; and

(B)

provides a benefit in meeting any obligation under Federal law (including regulations).

(b)

Federally Owned Storage Projects.—

(1)

Agreements.— On the request of any State, any department, agency, or subdivision of a State, or any public agency organized pursuant to State law, the Secretary of the Interior may negotiate and enter into an agreement on behalf of the United States for the design, study, and construction or expansion of any federally owned storage project in accordance with this section.

(2)

Federal cost share.— Subject to the requirements of this subsection, the Secretary of the Interior may participate in a federally owned storage project in an amount equal to not more than 50 percent of the total cost of the federally owned storage project.

(3)

Commencement.— The construction of a federally owned storage project that is the subject of an agreement under this subsection shall not commence until the Secretary of the Interior—

(A)

determines that the proposed federally owned storage project is feasible in accordance with the reclamation laws;

(B)

secures an agreement providing upfront funding as is necessary to pay the non-Federal share of the capital costs; and

(C)

determines that, in return for the Federal cost-share investment in the federally owned storage project, at least a proportionate share of the project benefits are Federal benefits, including water supplies dedicated to specific purposes such as environmental enhancement and wildlife refuges.

(4)

Environmental laws.— In participating in a federally owned storage project under this subsection, the Secretary of the Interior shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(c)

State-Led Storage Projects.—

(1)

In general.— Subject to the requirements of this subsection, the Secretary of the Interior may participate in a State-led storage project in an amount equal to not more than 25 percent of the total cost of the State-led storage project.

(2)

Request by governor.— Participation by the Secretary of the Interior in a State-led storage project under this subsection shall not occur unless—

(A)

the participation has been requested by the Governor of the State in which the State-led storage project is located;

(B)

the State or local sponsor determines, and the Secretary of the Interior concurs, that—

(i)

the State-led storage project is technically and financially feasible and provides a Federal benefit in accordance with the reclamation laws;

(ii)

sufficient non-Federal funding is available to complete the State-led storage project; and

(iii)

the State-led storage project sponsors are financially solvent;

(C)

the Secretary of the Interior determines that, in return for the Federal cost-share investment in the State-led storage project, at least a proportional share of the project benefits are the Federal benefits, including water supplies dedicated to specific purposes such as environmental enhancement and wildlife refuges; and

(D)

the Secretary of the Interior submits to Congress a written notification of these determinations within 30 days of making such determinations.

(3)

Environmental laws.— When participating in a State-led storage project under this subsection, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(4)

Information.— When participating in a State-led storage project under this subsection, the Secretary of the Interior—

(A)

may rely on reports prepared by the sponsor of the State-led storage project, including feasibility (or equivalent) studies, environmental analyses, and other pertinent reports and analyses; but

(B)

shall retain responsibility for making the independent determinations described in paragraph (2).

(d)

Authority To Provide Assistance.— The Secretary of the Interior may provide financial assistance under this subtitle to carry out projects within any Reclamation State.

(e)

Rights To Use Capacity.— Subject to compliance with State water rights laws, the right to use the capacity of a federally owned storage project or State-led storage project for which the Secretary of the Interior has entered into an agreement under this subsection shall be allocated in such manner as may be mutually agreed to by the Secretary of the Interior and each other party to the agreement.

(f)

Compliance With California Water Bond.—

(1)

In general.— The provision of Federal funding for construction of a State-led storage project in the State of California shall be subject to the condition that the California Water Commission shall determine that the State-led storage project is consistent with the California Water Quality, Supply, and Infrastructure Improvement Act, approved by California voters on November 4, 2014.

(2)

Applicability.— This subsection expires on the date on which State bond funds available under the Act referred to in paragraph (1) are expended.

(g)

Partnership and Agreements.— The Secretary of the Interior, acting through the Commissioner, may partner or enter into an agreement regarding the water storage projects identified in section 103(d)(1) of the Water Supply, Reliability, and Environmental Improvement Act (Public Law 108–361; 118 Stat. 1688) with local joint powers authorities formed pursuant to State law by irrigation districts and other local water districts and local governments within the applicable hydrologic region, to advance those projects.

(h)

Authorization of Appropriations.—

(1)

$335,000,000 of funding in section 4011(e) is authorized to remain available until expended.

(2)

Projects can only receive funding if enacted appropriations legislation designates funding to them by name, after the Secretary recommends specific projects for funding pursuant to this section and transmits such recommendations to the appropriate committees of Congress.

(i)

Sunset.— This section shall apply only to federally owned storage projects and State-led storage projects that the Secretary of the Interior determines to be feasible before January 1, 2021.

(j)

Consistency With State Law.— Nothing in this section preempts or modifies any obligation of the United States to act in conformance with applicable State law.

(k)

Calfed Authorization.— Title I of Public Law 108–361 (the Calfed Bay-Delta Authorization Act) (118 Stat. 1681; 123 Stat. 2860; 128 Stat. 164; 128 Stat. 2312) (as amended by section 207 of Public Law 114–113) is amended by striking “ 2017” each place it appears and inserting “ 2019”.

SEC. 4008. Losses Caused by the Construction and Operation of Storage Projects.

(a)

Marinas, Recreational Facilities, Other Businesses.— If in constructing any new or modified water storage project included in section 103(d)(1)(A) of Public Law 108–361 (118 Stat. 1684), the Bureau of Reclamation destroys or otherwise adversely affects any existing marina, recreational facility, or other water-dependent business when constructing or operating a new or modified water storage project, the Secretaries of the Interior and Agriculture, acting through the Bureau and the Forest Service shall—

(1)

provide compensation otherwise required by law; and

(2)

provide the owner of the affected marina, recreational facility, or other water-dependent business under mutually agreeable terms and conditions with the right of first refusal to construct and operate a replacement marina, recreational facility, or other water-dependent business, as the case may be, on United States land associated with the new or modified water storage project.

(b)

Hydroelectric Projects.— If in constructing any new or modified water storage project included in section 103(d)(1)(A) of Public Law 108-361 (118 Stat. 1684), the Bureau of Reclamation reduces or eliminates the capacity or generation of any existing non-Federal hydroelectric project by inundation or otherwise, the Secretary of the Interior shall, subject to the requirements and limitations of this section—

(1)

provide compensation otherwise required by law;

(2)

provide the owner of the affected hydroelectric project under mutually agreeable terms and conditions with a right of first refusal to construct, operate, and maintain replacement hydroelectric generating facilities at such new or modified water storage project on Federal land associated with the new or modified water storage project or on private land owned by the affected hydroelectric project owner;

(3)

provide compensation for the construction of any water conveyance facilities as are necessary to convey water to any new powerhouse constructed by such owner in association with such new hydroelectric generating facilities;

(4)

provide for paragraphs (1), (2), and (3) at a cost not to exceed the estimated value of the actual impacts to any existing non-Federal hydroelectric project, including impacts to its capacity and energy value, and as estimated for the associated feasibility study, including additional planning, environmental, design, construction, and operations and maintenance costs for existing and replacement facilities; and

(5)

ensure that action taken under paragraphs (1), (2), (3), and (4) shall not directly or indirectly increase the costs to recipients of power marketed by the Western Area Power Administration, nor decrease the value of such power.

(c)

Existing Licensee.— The owner of any project affected under subsection (b)(2) shall be deemed the existing licensee, in accordance with section 15(a) of the Act of June 10, 1920 (16 U.S.C. 808(a)), for any replacement project to be constructed within the proximate geographic area of the affected project.

(d)

Cost Allocation.—

(1)

Compensation.— Any compensation under this section shall be a project cost allocated solely to the direct beneficiaries of the new or modified water project constructed under this section.

(2)

Replacement costs.— The costs of the replacement project, and any compensation, shall be—

(A)

treated as a stand-alone project and shall not be financially integrated in any other project; and

(B)

allocated in accordance with mutually agreeable terms between the Secretary and project beneficiaries.

(e)

Applicability.— This section shall only apply to federally owned water storage projects whether authorized under section 4007 or some other authority.

(f)

Limitation.— Nothing in this section affects the ability of landowners or Indian tribes to seek compensation or any other remedy otherwise provided by law.

(g)

Savings Clause.— No action taken under this section shall directly or indirectly increase the costs to recipients of power marketed by the Western Area Power Administration, nor decrease the value of such power.

SEC. 4009. Other Water Supply Projects.

(a)

Water Desalination Act Amendments.— Section 4 of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104–298) is amended—

(1)

in subsection (a)—

(A)

by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(B)

by inserting after paragraph (1) the following:

“(1) Projects.—

“(A) In general.—Subject to the requirements of this subsection, the Secretary of the Interior may participate in an eligible desalination project in an amount equal to not more than 25 percent of the total cost of the eligible desalination project.

“(B) Eligible desalination project.—The term ‘eligible desalination project’ means any project in a Reclamation State, that—

“(i) involves an ocean or brackish water desalination facility either constructed, operated and maintained; or sponsored by any State, department of a State, subdivision of a State or public agency organized pursuant to a State law; and

“(ii) provides a Federal benefit in accordance with the reclamation laws (including regulations).

“(C) State role.—Participation by the Secretary of the Interior in an eligible desalination project under this subsection shall not occur unless—

“(i) the project is included in a state-approved plan or federal participation has been requested by the Governor of the State in which the eligible desalination project is located; and

“(ii) the State or local sponsor determines, and the Secretary of the Interior concurs, that—

“(I) the eligible desalination project is technically and financially feasible and provides a Federal benefit in accordance with the reclamation laws;

“(II) sufficient non-Federal funding is available to complete the eligible desalination project; and

“(III) the eligible desalination project sponsors are financially solvent; and

“(iii) the Secretary of the Interior submits to Congress a written notification of these determinations within 30 days of making such determinations.

“(D) Environmental laws.—When participating in an eligible desalination project under this subsection, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

“(E) Information.—When participating in an eligible desalination project under this subsection, the Secretary of the Interior—

“(i) may rely on reports prepared by the sponsor of the eligible desalination project, including feasibility (or equivalent) studies, environmental analyses, and other pertinent reports and analyses; but

“(ii) shall retain responsibility for making the independent determinations described in subparagraph (C).

“(F) Authorization of appropriations.—

“(i) $30,000,000 of funding is authorized to remain available until expended; and

“(ii) Projects can only receive funding if enacted appropriations legislation designates funding to them by name, after the Secretary recommends specific projects for funding pursuant to this subsection and transmits such recommendations to the appropriate committees of Congress.”

(c)

Authorization of New Water Recycling and Reuse Projects.— Section 1602 of the Reclamation Wastewater and Groundwater Study and Facilities Act (title XVI of Public Law 102–575; 43 U.S.C. 390h et. seq.) is amended by adding at the end the following new subsections:

“(e) Authorization of New Water Recycling and Reuse Projects.—

“(1) Submission to the secretary.—

“(A) In general.—Non-Federal interests may submit proposals for projects eligible to be authorized pursuant to this section in the form of completed feasibility studies to the Secretary.

“(B) Eligible projects.—A project shall be considered eligible for consideration under this section if the project reclaims and reuses—

“(i) municipal, industrial, domestic, or agricultural wastewater; or

“(ii) impaired ground or surface waters.

“(C) Guidelines.—Within 60 days of the enactment of this Act the Secretary shall issue guidelines for feasibility studies for water recycling and reuse projects to provide sufficient information for the formulation of the studies.

“(2) Review by the secretary.—The Secretary shall review each feasibility study received under paragraph (1)(A) for the purpose of—

“(A) determining whether the study, and the process under which the study was developed, each comply with Federal laws and regulations applicable to feasibility studies of water recycling and reuse projects; and

“(B) the project is technically and financially feasible and provides a Federal benefit in accordance with the reclamation laws.

“(3) Submission to congress.—Not later than 180 days after the date of receipt of a feasibility study received under paragraph (1)(A), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—

“(A) the results of the Secretary’s review of the study under paragraph (2), including a determination of whether the project is feasible;

“(B) any recommendations the Secretary may have concerning the plan or design of the project; and

“(C) any conditions the Secretary may require for construction of the project.

“(4) Eligibility for funding.—The non-Federal project sponsor of any project determined by the Secretary to be feasible under paragraph (3)(A) shall be eligible to apply to the Secretary for funding for the Federal share of the costs of planning, designing and constructing the project pursuant to subsection (f).

“(f) Competitive Grant Program for the Funding of Water Recycling and Reuse Projects.—

“(1) Establishment.—The Secretary shall establish a competitive grant program under which the non-Federal project sponsor of any project determined by the Secretary to be feasible under subsection (e)(3)(A) shall be eligible to apply for funding for the planning, design, and construction of the project, subject to subsection (g)(2).

“(2) Priority.—When funding projects under paragraph (1), the Secretary shall give funding priority to projects that meet one or more of the criteria listed in paragraph (3) and are located in an area that—

“(A) has been identified by the United States Drought Monitor as experiencing severe, extreme, or exceptional drought at any time in the 4-year period before such funds are made available; or

“(B) was designated as a disaster area by a State during the 4-year period before such funds are made available.

“(3) Criteria.—The project criteria referred to in paragraph (2) are the following:

“(A) Projects that are likely to provide a more reliable water supply for States and local governments.

“(B) Projects that are likely to increase the water management flexibility and reduce impacts on environmental resources from projects operated by Federal and State agencies.

“(C) Projects that are regional in nature.

“(D) Projects with multiple stakeholders.

“(E) Projects that provide multiple benefits, including water supply reliability, eco-system benefits, groundwater management and enhancements, and water quality improvements.

“(g) Authorization of Appropriations.—

“(1) There is authorized to be appropriated to the Secretary of the Interior an additional $50,000,000 to remain available until expended.

“(2) Projects can only receive funding if enacted appropriations legislation designates funding to them by name, after the Secretary recommends specific projects for funding pursuant to subsection (f) and transmits such recommendations to the appropriate committees of Congress.”

(d)

Funding.— Section 9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364) is amended in subsection (e) by striking “ $350,000,000” and inserting “ $450,000,000” on the condition that of that amount, $50,000,000 of it is used to carry out section 206 of the Energy and Water Development and Related Agencies Appropriation Act, 2015 (43 U.S.C. 620 note; Public Law 113–235).

SEC. 4010. Actions to Benefit Threatened and Endangered Species and Other Wildlife.

(a)

Increased Real-Time Monitoring and Updated Science.—

(1)

Smelt biological opinion.— The Director shall use the best scientific and commercial data available to implement, continuously evaluate, and refine or amend, as appropriate, the reasonable and prudent alternative described in the smelt biological opinion.

(2)

Increased monitoring to inform real-time operations.—

(A)

In general.— The Secretary of the Interior shall conduct additional surveys, on an annual basis at the appropriate time of year based on environmental conditions, in collaboration with interested stakeholders regarding the science of the Delta in general, and to enhance real time decisionmaking in particular, working in close coordination with relevant State authorities.

(B)

Requirements.— In carrying out this subsection, the Secretary of the Interior shall use—

(i)

the most appropriate and accurate survey methods available for the detection of Delta smelt to determine the extent to which adult Delta smelt are distributed in relation to certain levels of turbidity or other environmental factors that may influence salvage rate;

(ii)

results from appropriate surveys for the detection of Delta smelt to determine how the Central Valley Project and State Water Project may be operated more efficiently to maximize fish and water supply benefits; and

(iii)

science-based recommendations developed by any of the persons or entities described in paragraph (4)(B) to inform the agencies’ real-time decisions.

(C)

Winter monitoring.— During the period between December 1 and March 31, if suspended sediment loads enter the Delta from the Sacramento River, and the suspended sediment loads appear likely to raise turbidity levels in the Old River north of the export pumps from values below 12 Nephelometric Turbidity Units (NTUs) to values above 12 NTUs, the Secretary of the Interior shall—

(i)

conduct daily monitoring using appropriate survey methods at locations including the vicinity of Station 902 to determine the extent to which adult Delta smelt are moving with turbidity toward the export pumps; and

(ii)

use results from the monitoring under subparagraph (A) to determine how increased trawling can inform daily real-time Central Valley Project and State Water Project operations to maximize fish and water supply benefits.

(3)

Periodic review of monitoring.— Not later than 1 year after the date of enactment of this subtitle, the Secretary of the Interior shall—

(A)

evaluate whether the monitoring program under paragraph (2), combined with other monitoring programs for the Delta, is providing sufficient data to inform Central Valley Project and State Water Project operations to maximize the water supply for fish and water supply benefits; and

(B)

determine whether the monitoring efforts should be changed in the short or long term to provide more useful data.

(4)

Delta smelt distribution study.—

(A)

In general.— Not later than March 15, 2021, the Secretary of the Interior shall—

(i)

complete studies, to be initiated by not later than 90 days after the date of enactment of this subtitle, designed—

(I)

to understand the location and determine the abundance and distribution of Delta smelt throughout the range of the Delta smelt; and

(II)

to determine potential methods to minimize the effects of Central Valley Project and State Water Project operations on the Delta smelt;

(ii)

based on the best available science, if appropriate and practicable, implement new targeted sampling and monitoring of Delta smelt in order to maximize fish and water supply benefits prior to completion of the study under clause (i);

(iii)

to the maximum extent practicable, use new technologies to allow for better tracking of Delta smelt, such as acoustic tagging, optical recognition during trawls, and fish detection using residual deoxyribonucleic acid (DNA); and

(iv)

if new sampling and monitoring is not implemented under clause (ii), provide a detailed explanation of the determination of the Secretary of the Interior that no change is warranted.

(B)

Consultation.— In determining the scope of the studies under this subsection, the Secretary of the Interior shall consult with—

(i)

Central Valley Project and State Water Project water contractors and public water agencies;

(ii)

other public water agencies;

(iii)

the California Department of Fish and Wildlife and the California Department of Water Resources; and

(iv)

nongovernmental organizations.

(b)

Actions to Benefit Endangered Fish Populations.—

(1)

Findings.— Congress finds that—

(A)

minimizing or eliminating stressors to fish populations and their habitat in an efficient and structured manner is a key aspect of a fish recovery strategy;

(B)

functioning, diverse, and interconnected habitats are necessary for a species to be viable; and

(C)

providing for increased fish habitat may not only allow for a more robust fish recovery, but also reduce impacts to water supplies.

(2)

Actions for benefit of endangered species.— There is authorized to be appropriated the following amounts:

(A)

$15,000,000 for the Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration, to carry out the following activities in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.):

(i)

Gravel and rearing area additions and habitat restoration to the Sacramento River to benefit Chinook salmon and steelhead trout.

(ii)

Scientifically improved and increased real-time monitoring to inform real-time operations of Shasta and related Central Valley Project facilities, and alternative methods, models, and equipment to improve temperature modeling and related forecasted information for purposes of predicting impacts to salmon and salmon habitat as a result of water management at Shasta.

(iii)

Methods to improve the Delta salvage systems, including alternative methods to redeposit salvaged salmon smolts and other fish from the Delta in a manner that reduces predation losses.

(B)

$3,000,000 for the Secretary of the Interior to conduct the Delta smelt distribution study referenced in subsection (a)(4).

(3)

Commencement.— If the Administrator of the National Oceanic and Atmospheric Administration determines that a proposed activity is feasible and beneficial for protecting and recovering a fish population, the Administrator shall commence implementation of the activity by not later than 1 year after the date of enactment of this subtitle.

(4)

Consultation.— The Administrator shall take such steps as are necessary to partner with, and coordinate the efforts of, the Department of the Interior, the Department of Commerce, and other relevant Federal departments and agencies to ensure that all Federal reviews, analyses, opinions, statements, permits, licenses, and other approvals or decisions required under Federal law are completed on an expeditious basis, consistent with Federal law.

(5)

Conservation fish hatcheries.—

(A)

In general.— Not later than 2 years after the date of enactment of this subtitle, the Secretaries of the Interior and Commerce, in coordination with the Director of the California Department of Fish and Wildlife, shall develop and implement as necessary the expanded use of conservation hatchery programs to enhance, supplement, and rebuild Delta smelt and Endangered Species Act-listed fish species under the smelt and salmonid biological opinions.

(B)

Requirements.— The conservation hatchery programs established under paragraph (1) and the associated hatchery and genetic management plans shall be designed—

(i)

to benefit, enhance, support, and otherwise recover naturally spawning fish species to the point where the measures provided under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) are no longer necessary; and

(ii)

to minimize adverse effects to Central Valley Project and State Water Project operations.

(C)

Priority; cooperative agreements.— In implementing this section, the Secretaries of the Interior and Commerce—

(i)

shall give priority to existing and prospective hatchery programs and facilities within the Delta and the riverine tributaries thereto; and

(ii)

may enter into cooperative agreements for the operation of conservation hatchery programs with States, Indian tribes, and other nongovernmental entities for the benefit, enhancement, and support of naturally spawning fish species.

(6)

Acquisition of land, water, or interests from willing sellers for environmental purposes in california.—

(A)

In general.— The Secretary of the Interior is authorized to acquire by purchase, lease, donation, or otherwise, land, water, or interests in land or water from willing sellers in California—

(i)

to benefit listed or candidate species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the California Endangered Species Act (California Fish and Game Code sections 2050 through 2116);

(ii)

to meet requirements of, or otherwise provide water quality benefits under, the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) or the Porter Cologne Water Quality Control Act (division 7 of the California Water Code); or

(iii)

for protection and enhancement of the environment, as determined by the Secretary of the Interior.

(B)

State participation.— In implementing this section, the Secretary of the Interior is authorized to participate with the State of California or otherwise hold such interests identified in subparagraph (A) in joint ownership with the State of California based on a cost share deemed appropriate by the Secretary.

(C)

Treatment.— Any expenditures under this subsection shall be nonreimbursable and nonreturnable to the United States.

(7)

Reauthorization of the fisheries restoration and irrigation mitigation act of 2000.—

(A)

Section 10(a) of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106–502) is amended by striking “ $25 million for each of fiscal years 2009 through 2015” and inserting “ $15 million through 2021”; and

(B)

Section 2 of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106–502) is amended by striking “ Montana, and Idaho” and inserting “ Montana, Idaho, and California”.

(c)

Actions to Benefit Refuges.—

(1)

In general.— In addition to funding under section 3407 of the Central Valley Project Improvement Act (Public Law 102–575; 106 Stat. 4726), there is authorized to be appropriated to the Secretary of the Interior $2,000,000 for each of fiscal years 2017 through 2021 for the acceleration and completion of water infrastructure and conveyance facilities necessary to achieve full water deliveries to Central Valley wildlife refuges and habitat areas pursuant to section 3406(d) of that Act (Public Law 102–575; 106 Stat. 4722).

(2)

Cost sharing.—

(A)

Federal share.— The Federal share of the cost of carrying out an activity described in this section shall be not more than 50 percent.

(B)

Non-federal share.— The non-Federal share of the cost of carrying out an activity described in this section—

(i)

shall be not less than 50 percent; and

(ii)

may be provided in cash or in kind.

(d)

Non-Federal Program to Protect Native Anadromous Fish in Stanislaus River.—

(1)

Definition of district.— In this section, the term “district” means—

(A)

the Oakdale Irrigation District of the State of California; and

(B)

the South San Joaquin Irrigation District of the State of California.

(2)

Establishment.— The Secretary of Commerce, acting through the Assistant Administrator of the National Marine Fisheries Service, and the districts shall jointly establish and conduct a nonnative predator research and pilot fish removal program to study the effects of removing from the Stanislaus River—

(A)

nonnative striped bass, smallmouth bass, largemouth bass, black bass; and

(B)

other nonnative predator fish species.

(3)

Requirements.— The program under this section shall—

(A)

be scientifically based, with research questions determined jointly by—

(i)

National Marine Fisheries Service scientists; and

(ii)

technical experts of the districts;

(B)

include methods to quantify by, among other things, evaluating the number of juvenile anadromous fish that migrate past the rotary screw trap located at Caswell—

(i)

the number and size of predator fish removed each year; and

(ii)

the impact of the removal on—

(I)

the overall abundance of predator fish in the Stanislaus River; and

(II)

the populations of juvenile anadromous fish in the Stanislaus River;

(C)

among other methods, consider using wire fyke trapping, portable resistance board weirs, and boat electrofishing; and

(D)

be implemented as quickly as practicable after the date of issuance of all necessary scientific research permits.

(4)

Management.— The management of the program shall be the joint responsibility of the Assistant Administrator and the districts, which shall—

(A)

work collaboratively to ensure the performance of the program; and

(B)

discuss and agree on, among other things—

(i)

qualified scientists to lead the program;

(ii)

research questions;

(iii)

experimental design;

(iv)

changes in the structure, management, personnel, techniques, strategy, data collection and access, reporting, and conduct of the program; and

(v)

the need for independent peer review.

(5)

Conduct.—

(A)

In general.— For each applicable calendar year, the districts, on agreement of the Assistant Administrator, may elect to conduct the program under this section using—

(i)

the personnel of the Assistant Administrator or districts;

(ii)

qualified private contractors hired by the districts;

(iii)

personnel of, on loan to, or otherwise assigned to the National Marine Fisheries Service; or

(iv)

a combination of the individuals described in clauses (i) through (iii).

(B)

Participation by national marine fisheries service.—

(i)

In general.— If the districts elect to conduct the program using district personnel or qualified private contractors hired under clause (i) or (ii) of subparagraph (A), the Assistant Administrator may assign an employee of, on loan to, or otherwise assigned to the National Marine Fisheries Service, to be present for all activities performed in the field to ensure compliance with paragraph (4).

(ii)

Costs.— The districts shall pay the cost of participation by the employee under clause (i), in accordance with paragraph (6).

(C)

Timing of election.— The districts shall notify the Assistant Administrator of an election under subparagraph (A) by not later than October 15 of the calendar year preceding the calendar year for which the election applies.

(6)

Funding.—

(A)

In general.— The districts shall be responsible for 100 percent of the cost of the program.

(B)

Contributed funds.— The Secretary of Commerce may accept and use contributions of funds from the districts to carry out activities under the program.

(C)

Estimation of cost.—

(i)

In general.— Not later than December 1 of each year of the program, the Secretary of Commerce shall submit to the districts an estimate of the cost to be incurred by the National Marine Fisheries Service for the program during the following calendar year, if any, including the cost of any data collection and posting under paragraph (7).

(ii)

Failure to fund.— If an amount equal to the estimate of the Secretary of Commerce is not provided through contributions pursuant to subparagraph (B) before December 31 of that calendar year—

(I)

the Secretary shall have no obligation to conduct the program activities otherwise scheduled for the following calendar year until the amount is contributed by the districts; and

(II)

the districts may not conduct any aspect of the program until the amount is contributed by the districts.

(D)

Accounting.—

(i)

In general.— Not later than September 1 of each year, the Secretary of Commerce shall provide to the districts an accounting of the costs incurred by the Secretary for the program during the preceding calendar year.

(ii)

Excess amounts.— If the amount contributed by the districts pursuant to subparagraph (B) for a calendar year was greater than the costs incurred by the Secretary of Commerce during that year, the Secretary shall—

(I)

apply the excess amounts to the cost of activities to be performed by the Secretary under the program, if any, during the following calendar year; or

(II)

if no such activities are to be performed, repay the excess amounts to the districts.

(7)

Publication and evaluation of data.—

(A)

In general.— All data generated through the program, including by any private consultants, shall be routinely provided to the Assistant Administrator.

(B)

Internet.— Not later than the 15th day of each month of the program, the Assistant Administrator shall publish on the Internet website of the National Marine Fisheries Service a tabular summary of the raw data collected under the program during the preceding month.

(C)

Report.— On completion of the program, the Assistant Administrator shall prepare a final report evaluating the effectiveness of the program, including recommendations for future research and removal work.

(8)

Consistency with law.—

(A)

In general.— The programs in this section and subsection (e) are found to be consistent with the requirements of the Central Valley Project Improvement Act (Public Law 102–575; 106 Stat. 4706).

(B)

Limitation.— No provision, plan, or definition under that Act, including section 3406(b)(1) of that Act (Public Law 102–575; 106 Stat. 4714), shall be used—

(i)

to prohibit the implementation of the programs in this subsection and subsection (e); or

(ii)

to prevent the accomplishment of the goals of the programs.

(e)

Pilot Projects to Implement CALFED Invasive Species Program.—

(1)

In general.— Not later than January 1, 2018, the Secretary of the Interior, in collaboration with the Secretary of Commerce, the Director of the California Department of Fish and Wildlife, and other relevant agencies and interested parties, shall establish and carry out pilot projects to implement the invasive species control program under section 103(d)(6)(A)(iv) of Public Law 108–361 (118 Stat. 1690).

(2)

Requirements.— The pilot projects under this section shall—

(A)

seek to reduce invasive aquatic vegetation (such as water hyacinth), predators, and other competitors that contribute to the decline of native listed pelagic and anadromous species that occupy the Sacramento and San Joaquin Rivers and their tributaries and the Delta; and

(B)

remove, reduce, or control the effects of species including Asiatic clams, silversides, gobies, Brazilian water weed, largemouth bass, smallmouth bass, striped bass, crappie, bluegill, white and channel catfish, zebra and quagga mussels, and brown bullheads.

(3)

Emergency environmental reviews.— To expedite environmentally beneficial programs in this subtitle for the conservation of threatened and endangered species, the Secretaries of the Interior and Commerce shall consult with the Council on Environmental Quality in accordance with section 1506.11 of title 40, Code of Federal Regulations (or successor regulations), to develop alternative arrangements to comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for those programs.

(f)

Collaborative Processes.— Notwithstanding the Federal Advisory Committee Act (5 U.S.C. App.) and applicable Federal acquisitions and contracting authorities, the Secretaries of the Interior and Commerce may use the collaborative processes under the Collaborative Science Adaptive Management Program to enter into contracts with specific individuals or organizations directly or in conjunction with appropriate State agencies.

(g)

The “Save Our Salmon Act”.—

(1)

Treatment of striped bass.—

(A)

Anadromous fish.— Section 3403(a) of the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575) is amended by striking “ striped bass,” after “ stocks of salmon (including steelhead),”.

(B)

Fish and wildlife restoration activities.— Section 3406(b) of the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575) is amended by—

(i)

striking paragraphs (14) and (18);

(ii)

redesignating paragraphs (15) through (17) as paragraphs (14) through (16), respectively; and

(iii)

redesignating paragraphs (19) through (23) as paragraphs (17) through (21), respectively.

(2)

Conforming changes.— Section 3407(a) of the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575) is amended by striking “ (10)–(18), and (20)–(22)” and inserting “ (10)–(16), and (18)–(20)”.

SEC. 4011. Offsets and Water Storage Account.

(a)

Prepayment of Certain Repayment Contracts Between the United States and Contractors of Federally Developed Water Supplies.—

(1)

Conversion and prepayment of contracts.— Upon request of the contractor, the Secretary of the Interior shall convert any water service contract in effect on the date of enactment of this subtitle and between the United States and a water users’ association to allow for prepayment of the repayment contract pursuant to paragraph (2) under mutually agreeable terms and conditions. The manner of conversion under this paragraph shall be as follows:

(A)

Water service contracts that were entered into under section (e) of the Act of August 4, 1939 (53 Stat. 1196), to be converted under this section shall be converted to repayment contracts under section 9(d) of that Act (53 Stat. 1195).

(B)

Water service contracts that were entered under subsection (c)(2) of section 9 of the Act of August 4, 1939 (53 Stat. 1194), to be converted under this section shall be converted to a contract under subsection (c)(1) of section 9 of that Act (53 Stat. 1195).

(2)

Prepayment.— Except for those repayment contracts under which the contractor has previously negotiated for prepayment, all repayment contracts under section 9(d) of that Act (53 Stat. 1195) in effect on the date of enactment of this subtitle at the request of the contractor, and all contracts converted pursuant to paragraph (1)(A) shall—

(A)

provide for the repayment, either in lump sum or by accelerated prepayment, of the remaining construction costs identified in water project specific irrigation rate repayment schedules, as adjusted to reflect payment not reflected in such schedules, and properly assignable for ultimate return by the contractor, or if made in approximately equal installments, no later than 3 years after the effective date of the repayment contract, such amount to be discounted by ½ the Treasury rate. An estimate of the remaining construction costs, as adjusted, shall be provided by the Secretary to the contractor no later than 90 days following receipt of request of the contractor;

(B)

require that construction costs or other capitalized costs incurred after the effective date of the contract or not reflected in the rate schedule referenced in subparagraph (A), and properly assignable to such contractor shall be repaid in not more than 5 years after notification of the allocation if such amount is a result of a collective annual allocation of capital costs to the contractors exercising contract conversion under this subsection of less than $5,000,000. If such amount is $5,000,000 or greater, such cost shall be repaid as provided by applicable reclamation law;

(C)

provide that power revenues will not be available to aid in repayment of construction costs allocated to irrigation under the contract; and

(D)

continue so long as the contractor pays applicable charges, consistent with section 9(d) of the Act of August 4, 1939 (53 Stat. 1195), and applicable law.

(3)

Contract requirements.— Except for those repayment contracts under which the contractor has previously negotiated for prepayment, the following shall apply with regard to all repayment contracts under subsection (c)(1) of section 9 of that Act (53 Stat. 1195) in effect on the date of enactment of this subtitle at the request of the contractor, and all contracts converted pursuant to paragraph (1)(B):

(A)

Provide for the repayment in lump sum of the remaining construction costs identified in water project specific municipal and industrial rate repayment schedules, as adjusted to reflect payments not reflected in such schedules, and properly assignable for ultimate return by the contractor. An estimate of the remaining construction costs, as adjusted, shall be provided by the Secretary to the contractor no later than 90 days after receipt of the request of contractor.

(B)

The contract shall require that construction costs or other capitalized costs incurred after the effective date of the contract or not reflected in the rate schedule referenced in subparagraph (A), and properly assignable to such contractor, shall be repaid in not more than 5 years after notification of the allocation if such amount is a result of a collective annual allocation of capital costs to the contractors exercising contract conversion under this subsection of less than $5,000,000. If such amount is $5,000,000 or greater, such cost shall be repaid as provided by applicable reclamation law.

(C)

Continue so long as the contractor pays applicable charges, consistent with section 9(c)(1) of the Act of August 4, 1939 (53 Stat. 1195), and applicable law.

(4)

Conditions.— All contracts entered into pursuant to paragraphs (1), (2), and (3) shall—

(A)

not be adjusted on the basis of the type of prepayment financing used by the water users’ association;

(B)

conform to any other agreements, such as applicable settlement agreements and new constructed appurtenant facilities; and

(C)

not modify other water service, repayment, exchange and transfer contractual rights between the water users’ association, and the Bureau of Reclamation, or any rights, obligations, or relationships of the water users’ association and their landowners as provided under State law.

(b)

Accounting.— The amounts paid pursuant to subsection (a) shall be subject to adjustment following a final cost allocation by the Secretary of the Interior. In the event that the final cost allocation indicates that the costs properly assignable to the contractor are greater than what has been paid by the contractor, the contractor shall be obligated to pay the remaining allocated costs. The term of such additional repayment contract shall be not less than one year and not more than 10 years, however, mutually agreeable provisions regarding the rate of repayment of such amount may be developed by the parties. In the event that the final cost allocation indicates that the costs properly assignable to the contractor are less than what the contractor has paid, the Secretary shall credit such overpayment as an offset against any outstanding or future obligation of the contractor, with the exception of Restoration Fund charges pursuant to section 3407(d) of Public Law 102–575.

(c)

Applicability of Certain Provisions.—

(1)

Effect of existing law.— Upon a contractor’s compliance with and discharge of the obligation of repayment of the construction costs pursuant to a contract entered into pursuant to subsection (a)(2)(A), subsections (a) and (b) of section 213 of the Reclamation Reform Act of 1982 (96 Stat. 1269) shall apply to affected lands.

(2)

Effect of other obligations.— The obligation of a contractor to repay construction costs or other capitalized costs described in subsection (a)(2)(B), (a)(3)(B), or (b) shall not affect a contractor’s status as having repaid all of the construction costs assignable to the contractor or the applicability of subsections (a) and (b) of section 213 of the Reclamation Reform Act of 1982 (96 Stat. 1269) once the amount required to be paid by the contractor under the repayment contract entered into pursuant to subsection (a)(2)(A) has been paid.

(d)

Effect on Existing Law Not Altered.— Implementation of the provisions of this subtitle shall not alter—

(1)

the repayment obligation of any water service or repayment contractor receiving water from the same water project, or shift any costs that would otherwise have been properly assignable to the water users’ association identified in subsections (a)(1), (a)(2), and (a)(3) absent this section, including operation and maintenance costs, construction costs, or other capitalized costs incurred after the date of the enactment of this subtitle, or to other contractors; and

(2)

specific requirements for the disposition of amounts received as repayments by the Secretary under the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.);

(3)

the priority of a water service or repayment contractor to receive water; or

(4)

except as expressly provided in this section, any obligations under the reclamation law, including the continuation of Restoration Fund charges pursuant to section 3407(d) (Public Law 102–575), of the water service and repayment contractors making prepayments pursuant to this section.

(e)

Water Storage Enhancement Program.—

(1)

In general.— Except as provided in subsection (d)(2), $335,000,000 out of receipts generated from prepayment of contracts under this section beyond amounts necessary to cover the amount of receipts forgone from scheduled payments under current law for the 10-year period following the date of enactment of this Act shall be directed to the Reclamation Water Storage Account under paragraph (2).

(2)

Storage account.— The Secretary shall allocate amounts collected under paragraph (1) into the “Reclamation Storage Account” to fund the construction of water storage. The Secretary may also enter into cooperative agreements with water users’ associations for the construction of water storage and amounts within the Storage Account may be used to fund such construction. Water storage projects that are otherwise not federally authorized shall not be considered Federal facilities as a result of any amounts allocated from the Storage Account for part or all of such facilities.

(3)

Repayment.— Amounts used for water storage construction from the Account shall be fully reimbursed to the Account consistent with the requirements under Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.)) except that all funds reimbursed shall be deposited in the Account established under paragraph (2).

(4)

Availability of amounts.— Amounts deposited in the Account under this subsection shall—

(A)

be made available in accordance with this section, subject to appropriation; and

(B)

be in addition to amounts appropriated for such purposes under any other provision of law.

(f)

Definitions.— For the purposes of this subtitle, the following definitions apply:

(1)

Account.— The term “Account” means the Reclamation Water Storage Account established under subsection (e)(2).

(2)

Construction.— The term “construction” means the designing, materials engineering and testing, surveying, and building of water storage including additions to existing water storage and construction of new water storage facilities, exclusive of any Federal statutory or regulatory obligations relating to any permit, review, approval, or other such requirement.

(3)

Water storage.— The term “water storage” means any federally owned facility under the jurisdiction of the Bureau of Reclamation or any non-Federal facility used for the storage and supply of water resources.

(4)

Treasury rate.— The term “Treasury rate” means the 20- year Constant Maturity Treasury (CMT) rate published by the United States Department of the Treasury existing on the effective date of the contract.

(5)

Water users’ association.— The term “water users’ association” means—

(A)

an entity organized and recognized under State laws that is eligible to enter into contracts with Reclamation to receive contract water for delivery to end users of the water and to pay applicable charges; and

(B)

includes a variety of entities with different names and differing functions, such as associations, conservancy districts, irrigation districts, municipalities, and water project contract units.

SEC. 4012. Savings Language.

(a)

In General.— This subtitle shall not be interpreted or implemented in a manner that—

(1)

preempts or modifies any obligation of the United States to act in conformance with applicable State law, including applicable State water law;

(2)

affects or modifies any obligation under the Central Valley Project Improvement Act (Public Law 102–575; 106 Stat. 4706), except for the savings provisions for the Stanislaus River predator management program expressly established by section 11(d) and provisions in section 11(g);

(3)

overrides, modifies, or amends the applicability of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the application of the smelt and salmonid biological opinions to the operation of the Central Valley Project or the State Water Project;

(4)

would cause additional adverse effects on listed fish species beyond the range of effects anticipated to occur to the listed fish species for the duration of the applicable biological opinion, using the best scientific and commercial data available; or

(5)

overrides, modifies, or amends any obligation of the Pacific Fisheries Management Council, required by the Magnuson Stevens Act or the Endangered Species Act of 1973, to manage fisheries off the coast of California, Oregon, or Washington.

(b)

Successor Biological Opinions.—

(1)

In general.— The Secretaries of the Interior and Commerce shall apply this Act to any successor biological opinions to the smelt or salmonid biological opinions only to the extent that the Secretaries determine is consistent with—

(A)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), its implementing regulations, and the successor biological opinions; and

(B)

subsection (a)(4).

(2)

Limitation.— Nothing in this Act shall restrict the Secretaries of the Interior and Commerce from completing consultation on successor biological opinions and through those successor biological opinions implementing whatever adjustments in operations or other activities as may be required by the Endangered Species Act of 1973 and its implementing regulations.

(c)

Severability.— If any provision of this subtitle, or any application of such provision to any person or circumstance, is held to be inconsistent with any law or the biological opinions, the remainder of this subtitle and the application of this subtitle to any other person or circumstance shall not be affected.

SEC. 4013. Duration.

This subtitle shall expire on the date that is 5 years after the date of its enactment, with the exception of—

(1)

section 4004, which shall expire 10 years after the date of its enactment; and

(2)

projects under construction in sections 4007, 4009(a), and 4009(c).

SEC. 4014. Definitions.

In this subtitle:

(1)

Assistant administrator.— The term “Assistant Administrator” means the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration.

(2)

Central valley project.— The term “Central Valley Project” has the meaning given the term in section 3403 of the Central Valley Project Improvement Act (Public Law 102–575; 106 Stat. 4707).

(3)

Commissioner.— The term “Commissioner” means the Commissioner of Reclamation.

(4)

Delta.— The term “Delta” means the Sacramento-San Joaquin Delta and the Suisun Marsh (as defined in section 12220 of the California Water Code and section 29101 of the California Public Resources Code (as in effect on the date of enactment of this Act)).

(5)

Delta smelt.— The term “Delta smelt” means the fish species with the scientific name Hypomesus transpacificus.

(6)

Director.— The term “Director” means the Director of the United States Fish and Wildlife Service.

(7)

Listed fish species.— The term “listed fish species” means—

(A)

any natural origin steelhead, natural origin genetic spring run Chinook, or genetic winter run Chinook salmon (including any hatchery steelhead or salmon population within the evolutionary significant unit or a distinct population segment); and

(B)

Delta smelt.

(8)

Reclamation state.— The term “Reclamation State” means any of the States of—

(A)

Arizona;

(B)

California;

(C)

Colorado;

(D)

Idaho;

(E)

Kansas;

(F)

Montana;

(G)

Nebraska;

(H)

Nevada;

(I)

New Mexico;

(J)

North Dakota;

(K)

Oklahoma;

(L)

Oregon;

(M)

South Dakota;

(N)

Texas;

(O)

Utah;

(P)

Washington; and

(Q)

Wyoming.

(9)

Salmonid biological opinion.—

(A)

In general.— The term “salmonid biological opinion” means the biological and conference opinion of the National Marine Fisheries Service dated June 4, 2009, regarding the long-term operation of the Central Valley Project and the State Water Project, and successor biological opinions.

(B)

Inclusions.— The term “salmonid biological opinion” includes the operative incidental take statement of the opinion described in subparagraph (A).

(10)

Smelt biological opinion.—

(A)

In general.— The term “smelt biological opinion” means the biological opinion dated December 15, 2008, regarding the coordinated operation of the Central Valley Project and the State Water Project, and successor biological opinions.

(B)

Inclusions.— The term “smelt biological opinion” includes the operative incidental take statement of the opinion described in subparagraph (A).

(11)

State water project.— The term “State Water Project” means the water project described in chapter 5 of part 3 of division 6 of the California Water Code (sections 11550 et seq.) (as in effect on the date of enactment of this Act) and operated by the California Department of Water Resources.

Lineage

Dec 16, 2016reading now Pub. L. 114–322 Enacted
Dec 16, 2016 S. 612 · Enrolled Bill Congress
Dec 8, 2016 S. 612 · Engrossed Amendment House House
May 22, 2015 S. 612 · Referred in House House Referred to the Committee on Transportation and Infrastructure
May 21, 2015 S. 612 · Engrossed in Senate Senate
Feb 27, 2015 S. 612 · Reported in Senate Senate Mr. Cornyn (for himself and Mr. Cruz) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
Feb 27, 2015 S. 612 · Introduced in Senate Senate Mr. Cornyn (for himself and Mr. Cruz) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works