US Codex
Pub. L.
Notes

Title IV — Other Matters

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

TITLE IV Other Matters

SEC. 5001. Congressional Notification Requirements.

(a)
In General.— Subchapter I of chapter 3 of title 49, United States Code, is amended by adding at the end the following:

Ҥ 311. Congressional notification requirements

“(a) In General.—Except as provided in subsection (b) or as expressly provided in another provision of law, the Secretary of Transportation shall provide to the appropriate committees of Congress notice of an announcement concerning a covered project at least 3 full business days before the announcement is made by the Department.

“(b) Emergency Program.—With respect to an allocation of funds under section 125 of title 23, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate notice of the allocation—

“(1) at least 3 full business days before the issuance of the allocation; or

“(2) concurrently with the issuance of the allocation, if the allocation is made using the quick release process of the Department (or any successor process).

“(c) Definitions.—In this section, the following definitions apply:

“(1) Appropriate committees of congress.—The term ‘appropriate committees of Congress’ means—

“(A) the Committee on Transportation and Infrastructure of the House of Representatives; and

“(B) the Committee on Environment and Public Works, the Committee on Commerce, Science, and Transportation, and the Committee on Banking, Housing, and Urban Affairs of the Senate.

“(2) Covered project.—The term ‘covered project’ means a project competitively selected by the Department to receive a discretionary grant award, letter of intent, loan commitment, loan guarantee commitment, or line of credit commitment in an amount equal to or greater than $750,000.

“(3) Department.—The term ‘Department’ means the Department of Transportation, including the modal administrations of the Department.”

(b)
Clerical Amendment.— The analysis for chapter 3 of title 49, United States Code, is amended by inserting after the item relating to section 310 the following:

“311. Congressional notification requirements.”.

SEC. 5002. Reauthorization of Denali Commission.

(a)
Administration.— Section 303 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277) is amended—
(1)
in subsection (c)—
(A)
in the first sentence by striking “ The Federal Cochairperson” and inserting the following:

“(1) Term of federal cochairperson.—The Federal Cochairperson”

(B)
in the second sentence by striking “ All other members” and inserting the following:

“(3) Term of all other members.—All other members”

(C)
in the third sentence by striking “ Any vacancy” and inserting the following:

“(4) Vacancies.—Except as provided in paragraph (2), any vacancy”

; and

(D)
by inserting before paragraph (3) (as designated by subparagraph (B)) the following:

“(2) Interim federal cochairperson.—In the event of a vacancy for any reason in the position of Federal Cochairperson, the Secretary may appoint an Interim Federal Cochairperson, who shall have all the authority of the Federal Cochairperson, to serve until such time as the vacancy in the position of Federal Cochairperson is filled in accordance with subsection (b)(2)).”

; and

(2)
by adding at the end the following:

“(f) No Federal Employee Status.—No member of the Commission, other than the Federal Cochairperson, shall be considered to be a Federal employee for any purpose.

“(g) Conflicts of Interest.—

“(1) In general.—Except as provided in paragraphs (2) and (3), no member of the Commission (referred to in this subsection as a ‘member’) shall participate personally or substantially, through recommendation, the rendering of advice, investigation, or otherwise, in any proceeding, application, request for a ruling or other determination, contract claim, controversy, or other matter in which, to the knowledge of the member, 1 or more of the following has a direct financial interest:

“(A) The member.

“(B) The spouse, minor child, or partner of the member.

“(C) An organization described in subparagraph (B), (C), (D), (E), or (F) of subsection (b)(1) for which the member is serving as an officer, director, trustee, partner, or employee.

“(D) Any individual, person, or organization with which the member is negotiating or has any arrangement concerning prospective employment.

“(2) Disclosure.—Paragraph (1) shall not apply if the member—

“(A) immediately advises the designated agency ethics official for the Commission of the nature and circumstances of the matter presenting a potential conflict of interest;

“(B) makes full disclosure of the financial interest; and

“(C) before the proceeding concerning the matter presenting the conflict of interest, receives a written determination by the designated agency ethics official for the Commission that the interest is not so substantial as to be likely to affect the integrity of the services that the Commission may expect from the member. The written determination shall specify the rationale and any evidence or support for the decision, identify steps, if any, that should be taken to mitigate any conflict of interest, and be available to the public.

“(3) Annual disclosures.—Once each calendar year, each member shall make full disclosure of financial interests, in a manner to be determined by the designated agency ethics official for the Commission.

“(4) Training.—Once each calendar year, each member shall undergo disclosure of financial interests training, as prescribed by the designated agency ethics official for the Commission.

“(5) Clarification.—A member of the Commission may continue to participate personally or substantially, through decision, approval, or disapproval on the focus of applications to be considered but not on individual applications where a conflict of interest exists.

“(6) Violation.—Any person that violates this subsection shall be fined not more than $10,000, imprisoned for not more than 2 years, or both.”

(b)
Authorization of Appropriations.—
(1)
In general.— Section 310 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277) (as redesignated by section 1960(1) of SAFETEA–LU (Public Law 109–59; 119 Stat. 1516)) is amended, in subsection (a), by striking “ under section 4 under this Act” and all that follows through “ 2008” and inserting “ under section 304, $15,000,000 for each of fiscal years 2017 through 2021.”.
(2)
Clerical amendment.— Section 310 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277) (as redesignated by section 1960(1) of SAFETEA–LU (Public Law 109–59; 119 Stat. 1516)) is redesignated as section 312.

SEC. 5003. Recreational Access for Floating Cabins at Tva Reservoirs.

The Tennessee Valley Authority Act of 1933 is amended by inserting after section 9a (16 U.S.C. 831h-1) the following:

“SEC. 9b. RECREATIONAL ACCESS.

“(a) Definition of Floating Cabin.—In this section, the term ‘floating cabin’ means a watercraft or other floating structure—

“(1) primarily designed and used for human habitation or occupation; and

“(2) not primarily designed or used for navigation or transportation on water.

“(b) Recreational Access.—The Board may allow the use of a floating cabin if—

“(1) the floating cabin is maintained by the owner to reasonable health, safety, and environmental standards, as required by the Board;

“(2) the Corporation has authorized the use of recreational vessels on the waters; and

“(3) the floating cabin was located on waters under the jurisdiction of the Corporation as of the date of enactment of this section.

“(c) Fees.—The Board may levy fees on the owner of a floating cabin on waters under the jurisdiction of the Corporation for the purpose of ensuring compliance with subsection (b) if the fees are necessary and reasonable for such purpose.

“(d) Continued Recreational Use.—

“(1) In general.—With respect to a floating cabin located on waters under the jurisdiction of the Corporation on the date of enactment of this section, the Board—

“(A) may not require the removal of the floating cabin—

“(i) in the case of a floating cabin that was granted a permit by the Corporation before the date of enactment of this section, for a period of 15 years beginning on such date of enactment; and

“(ii) in the case of a floating cabin not granted a permit by the Corporation before the date of enactment of this section, for a period of 5 years beginning on such date of enactment; and

“(B) shall approve and allow the use of the floating cabin on waters under the jurisdiction of the Corporation at such time and for such duration as—

“(i) the floating cabin meets the requirements of subsection (b); and

“(ii) the owner of the floating cabin has paid any fee assessed pursuant to subsection (c).

“(2) Savings provisions.—

“(A) Nothing in this subsection restricts the ability of the Corporation to enforce reasonable health, safety, or environmental standards.

“(B) This section applies only to floating cabins located on waters under the jurisdiction of the Corporation.

“(e) New Construction.—The Corporation may establish regulations to prevent the construction of new floating cabins.”

SEC. 5004. Gold King Mine Spill Recovery.

(a)
Definitions.— In this section:
(1)
Administrator.— The term “Administrator” means the Administrator of the Environmental Protection Agency.
(2)
Claimant.— The term “claimant” means a State, Indian tribe, or local government that submits a claim under subsection (c).
(3)
Gold king mine release.— The term “Gold King Mine release” means the discharge on August 5, 2015, of approximately 3,000,000 gallons of contaminated water from the Gold King Mine north of Silverton, Colorado, into Cement Creek that occurred while contractors of the Environmental Protection Agency were conducting an investigation of the Gold King Mine to assess mine conditions.
(4)
National contingency plan.— The term “National Contingency Plan” means the National Contingency Plan prepared and published under part 300 of title 40, Code of Federal Regulations (or successor regulations).
(5)
Response.— The term “response” has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
(b)
Sense of Congress.— It is the sense of Congress that the Administrator should receive and process, as expeditiously as possible, claims under chapter 171 of title 28, United States Code (commonly known as the “Federal Tort Claims Act”) for any injury arising out of the Gold King Mine release.
(c)
Gold King Mine Release Claims Pursuant to Comprehensive Environmental Response, Compensation, and Liability Act.—
(1)
In general.— The Administrator shall, consistent with the National Contingency Plan, receive and process under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), and pay from appropriations made available to the Administrator to carry out such Act, any claim made by a State, Indian tribe, or local government for eligible response costs relating to the Gold King Mine release.
(2)
Eligible response costs.—
(A)
In general.— Response costs incurred between August 5, 2015, and September 9, 2016, are eligible for payment by the Administrator under this subsection, without prior approval by the Administrator, if the response costs are consistent with the National Contingency Plan.
(B)
Prior approval required.— Response costs incurred after September 9, 2016, are eligible for payment by the Administrator under this subsection if—
(i)
the Administrator approves the response costs under section 111(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611(a)(2)); and
(ii)
the response costs are consistent with the National Contingency Plan.
(3)
Timing.—
(A)
In general.— Not later than 90 days after the date of enactment of this Act, the Administrator shall make a decision on, and pay, any eligible response costs submitted to the Administrator before such date of enactment.
(B)
Subsequently filed claims.— Not later than 90 days after the date on which a claim is submitted to the Administrator, the Administrator shall make a decision on, and pay, any eligible response costs.
(C)
Deadline.— All claims under this subsection shall be submitted to the Administrator not later than 180 days after the date of enactment of this Act.
(D)
Notification.— Not later than 30 days after the date on which the Administrator makes a decision under subparagraph (A) or (B), the Administrator shall notify the claimant of the decision.
(d)
Water Quality Program.—
(1)
In general.— In response to the Gold King Mine release, the Administrator, in conjunction with affected States, Indian tribes, and local governments, shall, subject to the availability of appropriations, develop and implement a program for long-term water quality monitoring of rivers contaminated by the Gold King Mine release.
(2)
Requirements.— In carrying out the program described in paragraph (1), the Administrator, in conjunction with affected States, Indian tribes, and local governments, shall—
(A)
collect water quality samples and sediment data;
(B)
provide the public with a means of viewing the water quality sample results and sediment data referred to in subparagraph (A) by, at a minimum, posting the information on the website of the Administrator;
(C)
take any other reasonable measure necessary to assist affected States, Indian tribes, and local governments with long-term water monitoring; and
(D)
carry out additional program activities related to long-term water quality monitoring that the Administrator determines to be necessary.
(3)
Authorization of appropriations.— There are authorized to be appropriated to the Administrator $4,000,000.00 for each of fiscal years 2017 through 2021 to carry out this subsection, including the reimbursement of affected States, Indian tribes, and local governments for the costs of long-term water quality monitoring of any river contaminated by the Gold King Mine release.
(e)
Existing State and Tribal Law.— Nothing in this section affects the jurisdiction or authority of any department, agency, or officer of any State government or any Indian tribe.
(f)
Savings Clause.— Nothing in this section affects any right of any State, Indian tribe, or other person to bring a claim against the United States for response costs or natural resources damages pursuant to section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607).

SEC. 5005. Great Lakes Restoration Initiative.

Section 118(c)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(7)) is amended—
(1)
by striking subparagraphs (B) and (C) and inserting the following:

“(B) Focus areas.—In carrying out the Initiative, the Administrator shall prioritize programs and projects, to be carried out in coordination with non-Federal partners, that address the priority areas described in the Initiative Action Plan, including—

“(i) the remediation of toxic substances and areas of concern;

“(ii) the prevention and control of invasive species and the impacts of invasive species;

“(iii) the protection and restoration of nearshore health and the prevention and mitigation of nonpoint source pollution;

“(iv) habitat and wildlife protection and restoration, including wetlands restoration and preservation; and

“(v) accountability, monitoring, evaluation, communication, and partnership activities.

“(C) Projects.—

“(i) In general.—In carrying out the Initiative, the Administrator shall collaborate with other Federal partners, including the Great Lakes Interagency Task Force established by Executive Order No. 13340 (69 Fed. Reg. 29043), to select the best combination of programs and projects for Great Lakes protection and restoration using appropriate principles and criteria, including whether a program or project provides—

“(I) the ability to achieve strategic and measurable environmental outcomes that implement the Initiative Action Plan and the Great Lakes Water Quality Agreement;

“(II) the feasibility of—

“(aa) prompt implementation;

“(bb) timely achievement of results; and

“(cc) resource leveraging; and

“(III) the opportunity to improve interagency, intergovernmental, and interorganizational coordination and collaboration to reduce duplication and streamline efforts.

“(ii) Outreach.—In selecting the best combination of programs and projects for Great Lakes protection and restoration under clause (i), the Administrator shall consult with the Great Lakes States and Indian tribes and solicit input from other non-Federal stakeholders.

“(iii) Harmful algal bloom coordinator.—The Administrator shall designate a point person from an appropriate Federal partner to coordinate, with Federal partners and Great Lakes States, Indian tribes, and other non-Federal stakeholders, projects and activities under the Initiative involving harmful algal blooms in the Great Lakes.”

(2)
in subparagraph (D)—
(A)
by striking clause (i) and inserting the following:

“(i) In general.—Subject to subparagraph (J)(ii), funds made available to carry out the Initiative shall be used to strategically implement—

“(I) Federal projects;

“(II) projects carried out in coordination with States, Indian tribes, municipalities, institutions of higher education, and other organizations; and

“(III) operations and activities of the Program Office, including remediation of sediment contamination in areas of concern.”

(B)
in clause (ii)(I), by striking “ (G)(i)” and inserting “ (J)(i)”; and
(C)
by inserting after clause (ii) the following:

“(iii) Agreements with non-federal entities.—

“(I) In general.—The Administrator, or the head of any other Federal department or agency receiving funds under clause (ii)(I), may make a grant to, or otherwise enter into an agreement with, a qualified non-Federal entity, as determined by the Administrator or the applicable head of the other Federal department or agency receiving funds, for planning, research, monitoring, outreach, or implementation of a project selected under subparagraph (C), to support the Initiative Action Plan or the Great Lakes Water Quality Agreement.

“(II) Qualified non-federal entity.—For purposes of this clause, a qualified non-Federal entity may include a governmental entity, nonprofit organization, institution, or individual.”

; and

(3)
by striking subparagraphs (E) through (G) and inserting the following:

“(E) Scope.—

“(i) In general.—Projects may be carried out under the Initiative on multiple levels, including—

“(I) locally;

“(II) Great Lakes-wide; or

“(III) Great Lakes basin-wide.

“(ii) Limitation.—No funds made available to carry out the Initiative may be used for any water infrastructure activity (other than a green infrastructure project that improves habitat and other ecosystem functions in the Great Lakes) for which financial assistance is received—

“(I) from a State water pollution control revolving fund established under title VI;

“(II) from a State drinking water revolving loan fund established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12); or

“(III) pursuant to the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 et seq.).

“(F) Activities by other federal agencies.—Each relevant Federal department or agency shall, to the maximum extent practicable—

“(i) maintain the base level of funding for the Great Lakes activities of that department or agency without regard to funding under the Initiative; and

“(ii) identify new activities and projects to support the environmental goals of the Initiative.

“(G) Revision of initiative action plan.—

“(i) In general.—Not less often than once every 5 years, the Administrator, in conjunction with the Great Lakes Interagency Task Force, shall review, and revise as appropriate, the Initiative Action Plan to guide the activities of the Initiative in addressing the restoration and protection of the Great Lakes system.

“(ii) Outreach.—In reviewing and revising the Initiative Action Plan under clause (i), the Administrator shall consult with the Great Lakes States and Indian tribes and solicit input from other non-Federal stakeholders.

“(H) Monitoring and reporting.—The Administrator shall—

“(i) establish and maintain a process for monitoring and periodically reporting to the public on the progress made in implementing the Initiative Action Plan;

“(ii) make information about each project carried out under the Initiative Action Plan available on a public website; and

“(iii) provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a yearly detailed description of the progress of the Initiative and amounts transferred to participating Federal departments and agencies under subparagraph (D)(ii).

“(I) Initiative action plan defined.—In this paragraph, the term ‘Initiative Action Plan’ means the comprehensive, multiyear action plan for the restoration of the Great Lakes, first developed pursuant to the Joint Explanatory Statement of the Conference Report accompanying the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010 (Public Law 111–88).

“(J) Funding.—

“(i) In general.—There is authorized to be appropriated to carry out this paragraph $300,000,000 for each of fiscal years 2017 through 2021.

“(ii) Limitation.—Nothing in this paragraph creates, expands, or amends the authority of the Administrator to implement programs or projects under—

“(I) this section;

“(II) the Initiative Action Plan; or

“(III) the Great Lakes Water Quality Agreement.”

SEC. 5006. Rehabilitation of High Hazard Potential Dams.

(a)
Definitions.— Section 2 of the National Dam Safety Program Act (33 U.S.C. 467) is amended—
(1)
by redesignating paragraphs (4), (5), (6), (7), (8), (9), (10), (11), (12), and (13) as paragraphs (5), (6), (7), (8), (9), (11), (13), (14), (15), and (16), respectively;
(2)
by inserting after paragraph (3) the following:

“(4) Eligible high hazard potential dam.—

“(A) In general.—The term ‘eligible high hazard potential dam’ means a non-Federal dam that—

“(i) is located in a State with a State dam safety program;

“(ii) is classified as ‘high hazard potential’ by the State dam safety agency in the State in which the dam is located;

“(iii) has an emergency action plan approved by the relevant State dam safety agency; and

“(iv) the State in which the dam is located determines—

“(I) fails to meet minimum dam safety standards of the State; and

“(II) poses an unacceptable risk to the public.

“(B) Exclusion.—The term ‘eligible high hazard potential dam’ does not include—

“(i) a licensed hydroelectric dam; or

“(ii) a dam built under the authority of the Secretary of Agriculture.”

(3)
by inserting after paragraph (9) (as redesignated by paragraph (1) of this subsection) the following:

“(10) Non-federal sponsor.—The term ‘non-Federal sponsor’, in the case of a project receiving assistance under section 8A, includes—

“(A) a governmental organization; and

“(B) a nonprofit organization.”

; and

(4)
by inserting after paragraph (11) (as redesignated by paragraph (1) of this subsection) the following:

“(12) Rehabilitation.—The term ‘rehabilitation’ means the repair, replacement, reconstruction, or removal of a dam that is carried out to meet applicable State dam safety and security standards.”

(b)
Program for Rehabilitation of High Hazard Potential Dams.— The National Dam Safety Program Act is amended by inserting after section 8 (33 U.S.C. 467f) the following:

“SEC. 8A. REHABILITATION OF HIGH HAZARD POTENTIAL DAMS.

“(a) Establishment of Program.—The Administrator shall establish, within FEMA, a program to provide technical, planning, design, and construction assistance in the form of grants to non-Federal sponsors for rehabilitation of eligible high hazard potential dams.

“(b) Eligible Activities.—A grant awarded under this section for a project may be used for—

“(1) repair;

“(2) removal; or

“(3) any other structural or nonstructural measures to rehabilitate an eligible high hazard potential dam.

“(c) Award of Grants.—

“(1) Application.—

“(A) In general.—A non-Federal sponsor interested in receiving a grant under this section may submit to the Administrator an application for the grant.

“(B) Requirements.—An application submitted to the Administrator under this section shall be submitted at such time, be in such form, and contain such information as the Administrator may prescribe by regulation.

“(2) Grant.—

“(A) In general.—The Administrator may make a grant in accordance with this section for rehabilitation of an eligible high hazard potential dam to a non-Federal sponsor that submits an application for the grant in accordance with the regulations prescribed by the Administrator.

“(B) Project grant agreement.—The Administrator shall enter into a project grant agreement with the non- Federal sponsor to establish the terms of the grant and the project, including the amount of the grant.

“(C) Grant assurance.—As part of a project grant agreement under subparagraph (B), the Administrator shall require the non-Federal sponsor to provide an assurance, with respect to the dam to be rehabilitated under the project, that the owner of the dam has developed and will carry out a plan for maintenance of the dam during the expected life of the dam.

“(D) Limitation.—A grant provided under this section shall not exceed the lesser of—

“(i) 12.5 percent of the total amount of funds made available to carry out this section; or

“(ii) $7,500,000.

“(d) Requirements.—

“(1) Approval.—A grant awarded under this section for a project shall be approved by the relevant State dam safety agency.

“(2) Non-federal sponsor requirements.—To receive a grant under this section, the non-Federal sponsor shall—

“(A) participate in, and comply with, all applicable Federal flood insurance programs;

“(B) have in place a hazard mitigation plan that—

“(i) includes all dam risks; and

“(ii) complies with the Disaster Mitigation Act of 2000 (Public Law 106–390; 114 Stat. 1552);

“(C) commit to provide operation and maintenance of the project for the 50-year period following completion of rehabilitation;

“(D) comply with such minimum eligibility requirements as the Administrator may establish to ensure that each owner and operator of a dam under a participating State dam safety program and that receives assistance under this section—

“(i) acts in accordance with the State dam safety program; and

“(ii) carries out activities relating to the public in the area around the dam in accordance with the hazard mitigation plan described in subparagraph (B); and

“(E) comply with section 611(j)(9) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(j)(9)) (as in effect on the date of enactment of this section) with respect to projects receiving assistance under this section in the same manner as recipients are required to comply in order to receive financial contributions from the Administrator for emergency preparedness purposes.

“(e) Floodplain Management Plans.—

“(1) In general.—As a condition of receipt of assistance under this section, the non-Federal sponsor shall demonstrate that a floodplain management plan to reduce the impacts of future flood events in the area protected by the project—

“(A) is in place; or

“(B) will be—

“(i) developed not later than 1 year after the date of execution of a project agreement for assistance under this section; and

“(ii) implemented not later than 1 year after the date of completion of construction of the project.

“(2) Inclusions.—A plan under paragraph (1) shall address—

“(A) potential measures, practices, and policies to reduce loss of life, injuries, damage to property and facilities, public expenditures, and other adverse impacts of flooding in the area protected by the project;

“(B) plans for flood fighting and evacuation; and

“(C) public education and awareness of flood risks.

“(3) Technical support.—The Administrator may provide technical support for the development and implementation of floodplain management plans prepared under this subsection.

“(f) Priority System.—The Administrator, in consultation with the Board, shall develop a risk-based priority system for use in identifying eligible high hazard potential dams for which grants may be made under this section.

“(g) Funding.—

“(1) Cost sharing.—

“(A) In general.—Any assistance provided under this section for a project shall be subject to a non-Federal cost-sharing requirement of not less than 35 percent.

“(B) In-kind contributions.—The non-Federal share under subparagraph (A) may be provided in the form of in-kind contributions.

“(2) Allocation of funds.—The total amount of funds made available to carry out this section for each fiscal year shall be distributed as follows:

“(A) Equal distribution.—⅓ shall be distributed equally among the States in which the projects for which applications are submitted under subsection (c)(1) are located.

“(B) Need-based.—⅔ shall be distributed among the States in which the projects for which applications are submitted under subsection (c)(1) are located based on the proportion that—

“(i) the number of eligible high hazard potential dams in the State; bears to

“(ii) the number of eligible high hazard potential dams in all such States.

“(h) Use of Funds.—None of the funds provided in the form of a grant or otherwise made available under this section shall be used—

“(1) to rehabilitate a Federal dam;

“(2) to perform routine operation or maintenance of a dam;

“(3) to modify a dam to produce hydroelectric power;

“(4) to increase water supply storage capacity; or

“(5) to make any other modification to a dam that does not also improve the safety of the dam.

“(i) Contractual Requirements.—

“(1) In general.—Subject to paragraph (2), as a condition on the receipt of a grant under this section of an amount greater than $1,000,000, a non-Federal sponsor that receives the grant shall require that each contract and subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, and related services entered into using funds from the grant be awarded in the same manner as a contract for architectural and engineering services is awarded under—

“(A) chapter 11 of title 40, United States Code; or

“(B) an equivalent qualifications-based requirement prescribed by the relevant State.

“(2) No proprietary interest.—A contract awarded in accordance with paragraph (1) shall not be considered to confer a proprietary interest upon the United States.

“(j) Authorization of Appropriations.—There are authorized to be appropriated to carry out this section—

“(1) $10,000,000 for fiscal years 2017 and 2018;

“(2) $25,000,000 for fiscal year 2019;

“(3) $40,000,000 for fiscal year 2020; and

“(4) $60,000,000 for each of fiscal years 2021 through 2026.”

(c)
Rulemaking.—
(1)
Proposed rulemaking.— Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall issue a notice of proposed rulemaking regarding applications for grants of assistance under the amendments made by subsection (b) to the National Dam Safety Program Act (33 U.S.C. 467 et seq.).
(2)
Final rule.— Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall promulgate a final rule regarding the amendments described in paragraph (1).

SEC. 5007. Chesapeake Bay Grass Survey.

Section 117(i) of the Federal Water Pollution Control Act (33 U.S.C. 1267(i)) is amended by adding at the end the following:

“(3) Annual survey.—The Administrator shall carry out an annual survey of sea grasses in the Chesapeake Bay.”

SEC. 5008. Water Infrastructure Finance and Innovation.

(a)
Authority To Provide Assistance.— Section 5023(b)(2) of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3902(b)(2)) is amended by striking “ carry out” and inserting “ provide financial assistance to carry out”.
(b)
Projects Eligible for Assistance.—
(1)
In general.— Section 5026 of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3905) is amended—
(A)
in paragraph (6)—
(i)
by striking “ desalination project” and inserting “ desalination project, including chloride control”; and
(ii)
by striking “ or a water recycling project” and inserting “ a water recycling project, or a project to provide alternative water supplies to reduce aquifer depletion”;
(B)
by redesignating paragraphs (7), (8), and (9) as paragraphs (8), (9), and (10), respectively;
(C)
by inserting after paragraph (6) the following:

“(7) A project to prevent, reduce, or mitigate the effects of drought, including projects that enhance the resilience of drought-stricken watersheds.”

; and

(D)
in paragraph (10) (as redesignated by subparagraph (B)), by striking “ or (7)” and inserting “ (7), or (8)”.
(2)
Conforming amendments.—
(A)
Section 5023(b) of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3902(b)) is amended—
(i)
in paragraph (2) by striking “ and (8)” and inserting “ (7), and (9)”; and
(ii)
in paragraph (3) by striking “ paragraph (7) or (9)” and inserting “ paragraph (8) or (10)”.
(B)
Section 5024(b) of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3903(b)) is amended by striking “ paragraph (8) or (9)” and inserting “ paragraph (9) or (10)”.
(C)
Section 5027(3) of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3906(3)) is amended by striking “ section 5026(7)” and inserting “ section 5026(8)”.
(D)
Section 5028 of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3907) is amended—
(i)
in subsection (a)(1)(E)—
(I)
by striking “ section 5026(9)” and inserting “ section 5026(10)”; and
(II)
by striking “ section 5026(8)” and inserting “ section 5026(9)”; and
(ii)
in subsection (b)(3) by striking “ section 5026(8)” and inserting “ section 5026(9)”.
(c)
Terms and Conditions.— Section 5029(b) of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3908(b)) is amended—
(1)
in paragraph (7)—
(A)
by striking “ The Secretary” and inserting the following:

“(A) In general.—Except as provided in subparagraph (B), the Secretary”

; and

(B)
by adding at the end the following:

“(B) Financing fees.—On request of an eligible entity, the Secretary or the Administrator, as applicable, shall allow the fees under subparagraph (A) to be financed as part of the loan.”

; and

(2)
by adding at the end the following:

“(10) Credit.—Any eligible project costs incurred and the value of any integral in-kind contributions made before receipt of assistance under this subtitle shall be credited toward the 51 percent of project costs to be provided by sources of funding other than a secured loan under this subtitle (as described in paragraph (2)(A)).”

(d)
Sense of Congress.— It is the sense of Congress that—
(1)
appropriations made available to carry out the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 et seq.) should be in addition to robust funding for the State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) and State drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12); and
(2)
the appropriations made available for the funds referred to in paragraph (1) should not decrease for any fiscal year.

SEC. 5009. Report on Groundwater Contamination.

(a)
In General.— Not later than 180 days after the date of enactment of this Act, and annually thereafter for the next 4 years, the Secretary of the Navy shall submit a report to Congress on the groundwater contamination from the site that includes—
(1)
a description of the status of the groundwater contaminants that are leaving the site and migrating to a location within a 10-mile radius of the site, including—
(A)
detailed mapping of the movement of the plume over time; and
(B)
projected migration rates of the plume;
(2)
an analysis of the current and future impact of the movement of the plume on drinking water facilities; and
(3)
a comprehensive strategy to prevent the groundwater contaminants from the site from contaminating drinking water wells that, as of the date of the submission of the report, have not been affected by the migration of the plume.
(b)
Definitions.— In this section, the following definitions apply:
(1)
Comprehensive strategy.— The term “comprehensive strategy” means a plan for—
(A)
the remediation of the plume under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or
(B)
corrective action under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(2)
Groundwater.— The term “groundwater” means water in a saturated zone or stratum beneath the surface of land or water.
(3)
Plume.— The term “plume” means any hazardous waste (as defined in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903)) or hazardous substance (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)) found in the groundwater supply.
(4)
Site.— The term “site” means the site located at 830 South Oyster Bay Road, Bethpage, New York, 11714 (Environmental Protection Agency identification number NYD002047967).

SEC. 5010. Columbia River Basin Restoration.

Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following:

“SEC. 123. COLUMBIA RIVER BASIN RESTORATION.

“(a) Definitions.—In this section, the following definitions apply:

“(1) Columbia river basin.—The term ‘Columbia River Basin’ means the entire United States portion of the Columbia River watershed.

“(2) Estuary partnership.—The term ‘Estuary Partnership’ means the Lower Columbia Estuary Partnership, an entity created by the States of Oregon and Washington and the Environmental Protection Agency under section 320.

“(3) Estuary plan.—

“(A) In general.—The term ‘Estuary Plan’ means the Estuary Partnership Comprehensive Conservation and Management Plan adopted by the Environmental Protection Agency and the Governors of Oregon and Washington on October 20, 1999, under section 320.

“(B) Inclusion.—The term ‘Estuary Plan’ includes any amendments to the plan.

“(4) Lower columbia river estuary.—The term ‘Lower Columbia River Estuary’ means the mainstem Columbia River from the Bonneville Dam to the Pacific Ocean and tidally influenced portions of tributaries to the Columbia River in that region.

“(5) Middle and upper columbia river basin.—The term ‘Middle and Upper Columbia River Basin’ means the region consisting of the United States portion of the Columbia River Basin above Bonneville Dam.

“(6) Program.—The term ‘Program’ means the Columbia River Basin Restoration Program established under subsection (b)(1)(A).

“(b) Columbia River Basin Restoration Program.—

“(1) Establishment.—

“(A) In general.—The Administrator shall establish within the Environmental Protection Agency a Columbia River Basin Restoration Program.

“(B) Effect.—

“(i) The establishment of the Program does not modify any legal or regulatory authority or program in effect as of the date of enactment of this section, including the roles of Federal agencies in the Columbia River Basin.

“(ii) This section does not create any new regulatory authority.

“(2) Scope of program.—The Program shall consist of a collaborative stakeholder-based program for environmental protection and restoration activities throughout the Columbia River Basin.

“(3) Duties.—The Administrator shall—

“(A) assess trends in water quality, including trends that affect uses of the water of the Columbia River Basin;

“(B) collect, characterize, and assess data on water quality to identify possible causes of environmental problems; and

“(C) provide grants in accordance with subsection (d) for projects that assist in—

“(i) eliminating or reducing pollution;

“(ii) cleaning up contaminated sites;

“(iii) improving water quality;

“(iv) monitoring to evaluate trends;

“(v) reducing runoff;

“(vi) protecting habitat; or

“(vii) promoting citizen engagement or knowledge.

“(c) Stakeholder Working Group.—

“(1) Establishment.—The Administrator shall establish a Columbia River Basin Restoration Working Group (referred to in this subsection as the ‘Working Group’).

“(2) Membership.—

“(A) In general.—Membership in the Working Group shall be on a voluntary basis and any person invited by the Administrator under this subsection may decline membership.

“(B) Invited representatives.—The Administrator shall invite, at a minimum, representatives of—

“(i) each State located in whole or in part in the Columbia River Basin;

“(ii) the Governors of each State located in whole or in part in the Columbia River Basin;

“(iii) each federally recognized Indian tribe in the Columbia River Basin;

“(iv) local governments in the Columbia River Basin;

“(v) industries operating in the Columbia River Basin that affect or could affect water quality;

“(vi) electric, water, and wastewater utilities operating in the Columba River Basin;

“(vii) private landowners in the Columbia River Basin;

“(viii) soil and water conservation districts in the Columbia River Basin;

“(ix) nongovernmental organizations that have a presence in the Columbia River Basin;

“(x) the general public in the Columbia River Basin; and

“(xi) the Estuary Partnership.

“(3) Geographic representation.—The Working Group shall include representatives from—

“(A) each State located in whole or in part in the Columbia River Basin; and

“(B) each of the lower, middle, and upper basins of the Columbia River.

“(4) Duties and responsibilities.—The Working Group shall—

“(A) recommend and prioritize projects and actions; and

“(B) review the progress and effectiveness of projects and actions implemented.

“(5) Lower columbia river estuary.—

“(A) Estuary partnership.—The Estuary Partnership shall perform the duties and fulfill the responsibilities of the Working Group described in paragraph (4) as those duties and responsibilities relate to the Lower Columbia River Estuary for such time as the Estuary Partnership is the management conference for the Lower Columbia River National Estuary Program under section 320.

“(B) Designation.—If the Estuary Partnership ceases to be the management conference for the Lower Columbia River National Estuary Program under section 320, the Administrator may designate the new management conference to assume the duties and responsibilities of the Working Group described in paragraph (4) as those duties and responsibilities relate to the Lower Columbia River Estuary.

“(C) Incorporation.—If the Estuary Partnership is removed from the National Estuary Program, the duties and responsibilities for the lower 146 miles of the Columbia River pursuant to this section shall be incorporated into the duties of the Working Group.

“(d) Grants.—

“(1) In general.—The Administrator shall establish a voluntary, competitive Columbia River Basin program to provide grants to State governments, tribal governments, regional water pollution control agencies and entities, local government entities, nongovernmental entities, or soil and water conservation districts to develop or implement projects authorized under this section for the purpose of environmental protection and restoration activities throughout the Columbia River Basin.

“(2) Federal share.—

“(A) In general.—Except as provided in subparagraph (B), the Federal share of the cost of any project or activity carried out using funds from a grant provided to any person (including a State, tribal, or local government or interstate or regional agency) under this subsection for a fiscal year—

“(i) shall not exceed 75 percent of the total cost of the project or activity; and

“(ii) shall be made on condition that the non-Federal share of such total cost shall be provided from non-Federal sources.

“(B) Exceptions.—With respect to cost-sharing for a grant provided under this subsection—

“(i) a tribal government may use Federal funds for the non-Federal share; and

“(ii) the Administrator may increase the Federal share under such circumstances as the Administrator determines to be appropriate.

“(3) Allocation.—In making grants using funds appropriated to carry out this section, the Administrator shall—

“(A) provide not less than 25 percent of the funds to make grants for projects, programs, and studies in the Lower Columbia River Estuary;

“(B) provide not less than 25 percent of the funds to make grants for projects, programs, and studies in the Middle and Upper Columbia River Basin, including the Snake River Basin; and

“(C) retain not more than 5 percent of the funds for the Environmental Protection Agency for purposes of implementing this section.

“(4) Reporting.—

“(A) In general.—Each grant recipient under this subsection shall submit to the Administrator reports on progress being made in achieving the purposes of this section.

“(B) Requirements.—The Administrator shall establish requirements and timelines for recipients of grants under this subsection to report on progress made in achieving the purposes of this section.

“(5) Relationship to other funding.—

“(A) In general.—Nothing in this subsection limits the eligibility of the Estuary Partnership to receive funding under section 320(g).

“(B) Limitation.—None of the funds made available under this subsection may be used for the administration of a management conference under section 320.

“(e) Annual Budget Plan.—The President, as part of the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, shall submit information regarding each Federal agency involved in protection and restoration of the Columbia River Basin, including an interagency crosscut budget that displays for each Federal agency—

“(1) the amounts obligated for the preceding fiscal year for protection and restoration projects, programs, and studies relating to the Columbia River Basin;

“(2) the estimated budget for the current fiscal year for protection and restoration projects, programs, and studies relating to the Columbia River Basin; and

“(3) the proposed budget for protection and restoration projects, programs, and studies relating to the Columbia River Basin.”

SEC. 5011. Regulation of Aboveground Storage at Farms.

Section 1049(c) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 1361 note; Public Law 113–121) is amended—
(1)
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;
(2)
by striking the subsection designation and heading and all that follows through “ subsection (b),” and inserting the following:

“(c) Regulation of Aboveground Storage at Farms.—

“(1) Calculation of aggregate aboveground storage capacity.—For purposes of subsection (b),”

; and

(3)
by adding at the end the following:

“(2) Certain farm containers.—Part 112 of title 40, Code of Federal Regulations (or successor regulations), shall not apply to the following containers located at a farm:

“(A) Containers on a separate parcel that have—

“(i) an individual capacity of not greater than 1,000 gallons; and

“(ii) an aggregate capacity of not greater than 2,500 gallons.

“(B) A container holding animal feed ingredients approved for use in livestock feed by the Food and Drug Administration.”

SEC. 5012. Irrigation Districts.

Section 603(i)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended—
(1)
in the matter preceding subparagraph (A) by striking “ to a municipality or intermunicipal, interstate, or State agency” and inserting “ to an eligible recipient”; and
(2)
in subparagraph (A), in the matter preceding clause (i), by inserting “ in assistance to a municipality or intermunicipal, interstate, or State agency” before “ to benefit”.

SEC. 5013. Estuary Restoration.

(a)
Participation of Non-Federal Interests.— Section 104(f) of the Estuary Restoration Act of 2000 (33 U.S.C. 2903(f)) is amended by adding at the end the following:

“(3) Project agreements.—For a project carried out under this title, the requirements of section 103(j)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(j)(1)) may be fulfilled by a nongovernmental organization serving as the non-Federal interest for the project pursuant to paragraph (2).”

(b)
Extension.— Section 109(a) of the Estuary Restoration Act of 2000 (33 U.S.C. 2908(a)) is amended by striking “ 2012” each place it appears and inserting “ 2021”.

SEC. 5014. Environmental Banks.

The Coastal Wetlands Planning, Protection and Restoration Act (Public Law 101–646; 16 U.S.C. 3951 et seq.) is amended by adding at the end the following:

“SEC. 309. ENVIRONMENTAL BANKS.

“(a) Guidelines.—Not later than 1 year after the date of enactment of the Water Resources Development Act of 2016, the Task Force shall, after public notice and opportunity for comment, issue guidelines for the use, maintenance, and oversight of environmental banks in Louisiana.

“(b) Requirements.—The guidelines issued pursuant to subsection (a) shall—

“(1) set forth procedures for establishment and approval of environmental banks subject to the approval of the heads of the appropriate Federal agencies responsible for implementation of Federal environmental laws for which mitigation credits may be used;

“(2) establish criteria for siting of environmental banks that enhance the resilience of coastal resources to inundation and coastal erosion in high priority areas, as identified within Federal or State restoration plans, including the restoration of resources within the scope of a project authorized for construction;

“(3) establish criteria that ensure environmental banks secure adequate financial assurances and legally enforceable protection for the land or resources that generate the credits from environmental banks;

“(4) stipulate that credits from environmental banks may not be used for mitigation of impacts required under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1342) or the Endangered Species Act (16 U.S.C. 1531 et seq.) in an area where an existing mitigation bank approved pursuant to such laws within 5 years of enactment of the Water Resources Development Act of 2016 has credits available;

“(5) establish performance criteria for environmental banks; and

“(6) establish criteria and financial assurance for the operation and monitoring of environmental banks.

“(c) Environmental Bank.—

“(1) Definition of environmental bank.—In this section, the term ‘environmental bank’ means a project, project increment, or projects for purposes of restoring, creating, or enhancing natural resources at a designated site to establish mitigation credits.

“(2) Credits.—Mitigation credits created from environmental banks approved pursuant to this section may be used to satisfy existing liability under Federal environmental laws.

“(d) Savings Clause.—

“(1) Application of federal law.—Guidelines developed under this section and mitigation carried out through an environmental bank established pursuant to such guidelines shall comply with all applicable requirements of Federal law (including regulations), including—

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

“(B) the Endangered Species Act (16 U.S.C. 1531 et seq.);

“(C) the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.);

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

“(E) section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283).

“(2) Statutory construction.—Nothing in this section may be construed to affect—

“(A) any authority, regulatory determination, or legal obligation in effect the day before the date of enactment of the Water Resources Development Act of 2016; or

“(B) the obligations or requirements of any Federal environmental law.

“(e) Sunset.—No new environmental bank may be created or approved pursuant to this section after the date that is 10 years after the date of enactment of this section.”