H. Rept. 114-794 - PROVIDING FOR FURTHER CONSIDERATION OF THE BILL (H.R. 5303) TO PROVIDE FOR IMPROVEMENTS TO THE RIVERS AND HARBORS OF THE UNITED STATES, TO PROVIDE FOR THE CONSERVATION AND DEVELOPMENT OF WATER AND RELATED RESOURCES, AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 6094) TO PROVIDE FOR A 6-MONTH DELAY IN THE EFFECTIVE DATE OF A RULE OF THE DEPARTMENT OF LABOR RELATING TO INCOME THRESHOLDS FOR DETERMINING OVERTIME PAY FOR EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, OUTSIDE SALES, AND COMPUTER EMPLOYEES; AND PROVIDING FOR PROCEEDINGS DURING THE PERIO114th Congress (2015-2016)
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114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-794
======================================================================
PROVIDING FOR FURTHER CONSIDERATION OF THE BILL (H.R. 5303) TO PROVIDE
FOR IMPROVEMENTS TO THE RIVERS AND HARBORS OF THE UNITED STATES, TO
PROVIDE FOR THE CONSERVATION AND DEVELOPMENT OF WATER AND RELATED
RESOURCES, AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE
BILL (H.R. 6094) TO PROVIDE FOR A 6-MONTH DELAY IN THE EFFECTIVE DATE
OF A RULE OF THE DEPARTMENT OF LABOR RELATING TO INCOME THRESHOLDS FOR
DETERMINING OVERTIME PAY FOR EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL,
OUTSIDE SALES, AND COMPUTER EMPLOYEES; AND PROVIDING FOR PROCEEDINGS
DURING THE PERIOD FROM SEPTEMBER 29, 2016, THROUGH NOVEMBER 11, 2016
_______
September 27, 2016.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Woodall, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 897]
The Committee on Rules, having had under consideration
House Resolution 897, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for further consideration of H.R.
5303, the Water Resources Development Act of 2016, under a
structured rule. The resolution provides for no further general
debate. The resolution makes in order only those further
amendments printed in this report. Each such amendment may be
offered only in the order printed in this report, may be
offered only by a Member designated in this report, shall be
considered as read, shall be debatable for the time specified
in this report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question. The
resolution waives all points of order against the amendments
printed in this report. The resolution provides one motion to
recommit with or without instructions.
Section 2 of the resolution provides for consideration of
H.R. 6094, the Regulatory Relief for Small Businesses, Schools,
and Nonprofits Act, under a closed rule. The resolution
provides one hour of debate equally divided and controlled by
the chair and ranking minority member of the Committee on
Education and the Workforce. The resolution waives all points
of order against consideration of the bill. The resolution
provides that the bill shall be considered as read. The
resolution waives all points of order against provisions in the
bill. The resolution provides one motion to recommit.
Section 3 of the resolution provides that on any
legislative day during the period from September 29, 2016,
through November 11, 2016: the Journal of the proceedings of
the previous day shall be considered as approved; and the Chair
may at any time declare the House adjourned to meet at a date
and time to be announced by the Chair in declaring the
adjournment.
Section 4 of the resolution provides that the Speaker may
appoint Members to perform the duties of the Chair for the
duration of the period addressed by section 3.
Section 5 of the resolution provides that each day during
the period addressed by section 3 of the resolution shall not
constitute calendar days for the purposes of section 7 of the
War Powers Resolution (50 U.S.C. 1546).
Section 6 of the resolution provides that each day during
the period addressed by section 3 of the resolution shall not
constitute a legislative day for purposes of clause 7 of rule
XIII (resolutions of inquiry).
Section 7 of the resolution provides that for each day
during the period addressed by section 3 shall not constitute a
calendar or legislative day for purposes of clause 7(c)(1) of
rule XXII (motions to instruct conferees).
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against
the amendments to H.R. 5303 printed in this report, the
Committee is not aware of any points of order. The waiver is
prophylactic in nature.
Although the resolution waives all points of order against
consideration of H.R. 6094, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
provisions in H.R. 6094, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
SUMMARY OF THE AMENDMENTS TO H.R. 5303 MADE IN ORDER
1. Byrne (AL): Directs the Secretary to coordinate with all
Gulf States on developing an oyster bed recovery assessment for
beds that were damaged due to Hurricane Katrina, Deepwater
Horizon and recent floods, adopting a modified version of the
Senate passed text. (10 minutes)
2. Crawford (AR): Clarifies the Water Infrastructure
Finance and Innovation Act (WIFIA) to make eligible alternative
water delivery projects aimed at reducing aquifer depletion and
makes a technical modification that ensures WIFIA financing
arrangements take into account the total cost of the project.
(10 minutes)
3. Culberson (TX), Green, Al (TX): Directs the Secretary to
expedite the Brays Bayou flood mitigation project authorized by
item 6 in section 211(f) of the Water Resources Development Act
of 1996. (10 minutes)
4. Farenthold (TX): Provides that no new start or new
investment decision shall be required to initiate work on a
separable element of an authorized project when contraction of
one or more separable elements of that project was initiated
previously; it shall be considered ongoing work and it should
be considered continuation of the fully authorized project. (10
minutes)
5. Johnson, Sam (TX), Sessions (TX), Ratcliffe (TX),
Johnson, Eddie Bernice (TX): Requires the EPA and Army Corps of
Engineers to issue the final federal permit for the Lower Bois
d'Arc Creek Reservoir Project no later than September 30, 2017.
(10 minutes)
6. Ribble (WI), Nolan (MN), Esty (CT): Provides that in
carrying out the design, construction, maintenance, repair, and
rehabilitation of water resources development projects,
including flood risk reduction, coastal resiliency, and
ecosystem restoration projects, the Secretary shall ensure that
appropriate consideration is given to the use of natural and
nature-based features. (10 minutes)
7. Rogers, Harold (KY): Clarifies that requirements imposed
on floating cabins used in the Cumberland River Basin cannot be
different or more stringent than the requirements imposed on
all recreational vessels authorized for use in the Basin. (10
minutes)
8. Rouzer (NC): Directs the Army Corps of Engineers to work
with state officials to establish a no wake zone in federal
navigation channels when certain criteria are met. (10 minutes)
9. Meng (NY), Stefanik (NY): Allows the Army Corps of
Engineers to pursue projects and technologies that prevent and
mitigate flood damages associated with ice jams (chunks of ice
floating on a river that catch on an obstruction such as a
bridge piling, rocks logs, etc., pile up to form an ice dam,
and cause flooding upstream from the blockage, and then
possibly downstream again when the ice finally releases). (10
minutes)
10. Moore, Gwen (WI): Calls for the Army Corps to conduct a
review of its tribal consultation policies and regulations.
Provides that the Army Corps shall provide for public meetings
with Indian tribes and other stakeholders and provide a report
to Congress on the results of the 3 review. (10 minutes)
11. Peters, Scott (CA): Directs the Secretary to design and
develop a structural health monitoring program to assess and
improve the condition of infrastructure constructed and
maintained by the Corps of Engineers, including research,
design, and development of systems and frameworks for response
to flood and earthquake events; pre-disaster mitigation
measures; lengthening the useful life of the infrastructure;
and identifying risks due to sea level rise. (10 minutes)
12. Quigley (IL): Expedites the completion of the project
for flood control, Chicagoland Underflow Plan, Illinois, phase
2. (10 minutes)
13. Vela (TX), Farenthold (TX): Directs the Secretary of
the Army to release the interests of the United States in
certain tracts of land located in Cameron County, Texas, and
for other purposes. (10 minutes)
14. Huizenga (MI): Makes permanent a set aside of Army
Corps priority funding for the Great Lakes. (10 minutes)
15. Joyce (OH): Amends the Clean Water Act to reauthorize
the Great Lakes Restoration Initiative. (10 minutes)
16. Bridenstine (OK), Russell (OK): Strengthens language
requiring a feasibility study of Tulsa and West Tulsa levees.
Prioritizes the project if study classifies levee or levee
system Class I or Class II. (10 minutes)
17. Courtney (CT): Removes a breakwater in Stonington,
Conn. as a federally authorized project. (10 minutes)
18. Newhouse (WA), Heck, Denny (WA), Kilmer (WA), Walden
(OR): Directs the Chief of Engineers to transfer the human
remains commonly known as the Kennewick Man or the Ancient One
to the Washington State Department of Archeology and Historic
Preservation, on the condition that the Department disposes of
the remains and repatriates the remains to the claimant tribes.
(10 minutes)
19. Kildee (MI), Moolenaar (MI): Authorizes the Secretary
to provide additional assistance under section 219 of the Water
Resources Development Act of 1992 for certain communities for
the repair or replacement of public and private infrastructure
in any State for which the President has declared an emergency
under the Stafford Act as a result of the presence of chemical,
physical, or biological constituents, including lead or other
contaminants in the eligible system. (10 minutes)
TEXT OF AMENDMENTS TO H.R. 5303 MADE IN ORDER
1. An Amendment To Be Offered by Representative Byrne of Alabama or His
Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. __. GULF COAST OYSTER BED RECOVERY ASSESSMENT.
(a) Definitions.--In this section:
(1) Gulf states.--The term ``Gulf States'' means each
of the States of Alabama, Florida, Louisiana,
Mississippi, and Texas.
(2) Secretary.--The term ``Secretary'' means the
Secretary of the Army, acting through the Chief of
Engineers.
(b) Gulf Coast Oyster Bed Recovery Assessment.--The
Secretary, in coordination with the Gulf States, shall conduct
an assessment relating to the recovery of oyster beds on the
coast of Gulf States that were damaged by events including--
(1) Hurricane Katrina in 2005;
(2) the Deepwater Horizon oil spill in 2010; and
(3) floods in 2011 and 2016.
(c) Inclusion.--The assessment conducted under subsection (b)
shall address the beneficial use of dredged material in
providing substrate for oyster bed development.
(d) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the assessment conducted under
subsection (b).
----------
2. An Amendment To Be Offered by Representative Crawford of Arkansas or
His Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. __. WATER INFRASTRUCTURE FINANCE AND INNOVATION.
(a) Projects Eligible for Assistance.--Section 5026(6) of the
Water Infrastructure Finance and Innovation Act of 2014 (33
U.S.C. 3905(6)) is amended by striking ``or a water recycling
project'' and inserting ``a water recycling project, or a
project of the Corps of Engineers to provide alternative water
supplies to reduce aquifer depletion''.
(b) Credit.--Section 5029(b) of the Water Infrastructure
Finance and Innovation Act of 2014 (33 U.S.C. 3908(b)) is
amended by adding at the end the following:
``(10) Credit.--With respect to a project of the
Corps of Engineers to provide alternative water
supplies to reduce aquifer depletion, 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)).''.
----------
3. An Amendment To Be Offered by Representative Culberson of Texas or
His Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. 1__. FLOOD MITIGATION AND RIERINE RESTORATION PROGRAM.
The Secretary shall expedite carrying out the project for
flood risk management, Brays Bayou, Texas, authorized by item 6
in section 211(f) of the Water Resources Development Act of
1996 (Public Law 104-303).
----------
4. An Amendment To Be Offered by Representative Farenthold of Texas or
His Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. __. INITIATING WORK ON SEPARABLE ELEMENTS.
With respect to a water resources development project that
has received construction funds in the previous 6-year period,
for purposes of initiating work on a separable element of the
project--
(1) no new start or new investment decision shall be
required; and
(2) the work shall be treated as ongoing work.
----------
5. An Amendment To Be Offered by Representative Johnson of Texas or His
Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. 153. LOWER BOIS D'ARC CREEK RESERVOIR PROJECT, FANNIN COUNTY,
TEXAS.
(a) Finalization Required.--Not later than September 30,
2017, the Secretary shall finalize all permit decisions and
publish all decision documents related to the construction of,
impoundment of water in, and operation of, the Lower Bois d'Arc
Creek Reservoir Project, including any associated water
transmission facilities, by the North Texas Municipal Water
District in Fannin County, Texas.
(b) Interim Report.--Not later than June 30, 2017, the
Secretary shall report to Congress on the status of the permit
decisions and related documents described in subsection (a) and
whether or not the Secretary anticipates being able to meet the
deadline established in such subsection, including, if
applicable, a justification of why the Secretary may fail to
meet such deadline.
----------
6. An Amendment To Be Offered by Representative Ribble of Wisconsin or
His Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. 1__. CONSIDERATION OF USE OF NATURAL AND NATURE-BASED FEATURE.
In carrying out the design, construction, maintenance,
repair, and rehabilitation of development projects, including
flood risk reduction, coastal resiliency, and ecosystem
restoration projects, the Secretary shall ensure that
appropriate consideration is given to the use of natural and
nature-based features.
----------
7. An Amendment To Be Offered by Representative Rogers of Kentucky or
His Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. __. RECREATIONAL ACCESS.
Section 1035 of the Water Resources Reform and Development
Act of 2014 (Public Law 113-121; 128 Stat. 1234) is amended--
(1) by striking subsection (b) and inserting the
following:
``(b) Recreational Access.--The Secretary shall allow the use
of a floating cabin on waters under the jurisdiction of the
Secretary in the Cumberland River basin if--
``(1) the floating cabin--
``(A) is in compliance with, and maintained
by the owner to satisfy the requirements of,
regulations for recreational vessels, including
health and safety standards, issued under
chapter 43 of title 46, United States Code, and
section 312 of the Federal Water Pollution
Control Act (33 U.S.C. 1322); and
``(B) is located at a marina leased by the
Corps of Engineers; and
``(2) the Secretary has authorized the use of
recreational vessels on such waters.''; and
(2) by adding at the end the following:
``(c) Limitation on Statutory Construction.--
``(1) In general.--Nothing in this section may be
construed to authorize the Secretary to impose
requirements on a floating cabin or on any facility
that serves a floating cabin, including marinas or
docks located on waters under the jurisdiction of the
Secretary in the Cumberland River basin, that are
different or more stringent than the requirements
imposed on all recreational vessels authorized to use
such waters.
``(2) Definitions.--In this subsection, the following
definitions apply:
``(A) Vessel.--The term `vessel' has the
meaning given that term in section 3 of title
1, United States Code.
``(B) Requirement.--The term `requirement'
includes a requirement imposed through the
utilization of guidance.''.
----------
8. An Amendment To Be Offered by Representative Rouzer of North
Carolina or His Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. __. NO WAKE ZONES FOR VESSELS.
(a) In General.--The Secretary shall work with State and
local officials to establish a no wake zone for vessels in a
covered navigation channel if--
(1) State or local law enforcement officers have
documented that there exist safety hazards that are a
direct result of excessive wakes in the channel;
(2) a State law has been enacted to establish a no
wake zone for the channel or waters adjacent to the
channel; and
(3) the no wake zone complies with any recommendation
made by the Commandant of the Coast Guard to ensure the
safety of vessels operating in the zone and the safety
of the passengers and crew aboard such vessels.
(b) Exception.--A no wake zone established pursuant to this
section shall not apply to the operation of a towing vessel, as
defined in section 2101 of title 46, United States Code.
(c) Covered Navigation Channel.--In this section, the term
``covered navigation channel'' means a navigation channel
that--
(1) is federally marked or maintained;
(2) is part of the Atlantic Intracoastal Waterway;
and
(3) is adjacent to a marina.
----------
9. An Amendment To Be Offered by Representative Meng of New York or Her
Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. ___. ICE JAM PREVENTION AND MITIGATION.
(a) In General.--The Secretary may carry out projects under
section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s),
including planning, design, construction, and monitoring of
structural and nonstructural technologies and measures for
preventing and mitigating flood damages associated with ice
jams.
(b) Inclusion.--The projects described in subsection (a) may
include the development and demonstration of cost-effective
technologies and designs developed in consultation with--
(1) the Cold Regions Research and Engineering
Laboratory of the Corps of Engineers;
(2) universities;
(3) Federal, State, and local agencies; and
(4) private organizations.
----------
10. An Amendment To Be Offered by Representative Moore of Wisconsin or
Her Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. ___. TRIBAL CONSULTATION.
(a) Review.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall begin a review of
the policies, regulations, and guidance related to conducting
meaningful consultation with Indian tribes regarding Corps of
Engineers flood control, environmental restoration, and other
projects or requiring the Corps of Engineers to approve a
permit that may have an impact on tribal cultural or natural
resources.
(b) Contents.--The review required under subsection (a) shall
examine and assess the following:
(1) How tribal consultation rules apply to the
permitting process, especially for projects not on
tribal lands but which may still be continguous to such
lands or affect tribal cultural and natural resources.
(2) How the Corps of Engineers defines meaningful
consultation.
(3) Whether the current process adequately considers
tribal interests including environmental, social,
health and well-being of tribal members.
(4) How the Corps of Engineers informs tribes that it
will not consider concerns or alternatives raised
during the consultation process.
(5) How the Corps of Engineers determines a project's
impact on tribal communities including the Corps
ability to protect cultural and natural resources such
as water.
(6) The specific situations by which tribes have
access to high level Corps of Engineers officials such
as the Assistant Secretary of the Army (Civil Works)
and the Chief of Engineers to dispute or otherwise
direct concerns about pending Corps of Engineers
projects or permits, including examples of instances in
which the Corps of Engineers provided such access as
part of its consultation with a tribe regarding a
particular project.
(7) The role of headquarters in overseeing tribal
consultation being done at the District and Division
levels.
(8) The effectiveness of the dispute resolution
process that has been developed to elevate tribal
concerns to higher levels of Corps of Engineers
oversight and review.
(9) Whether the Corps should undertake a rulemaking
process related to its tribal consultation policies and
procedures.
(c) Consultation.--In completing the review required under
subsection (a), the Secretary shall provide for public and
private meetings with Indian tribes and other stakeholders.
(d) Report.--Not later than 1 year after beginning the review
under subsection (a), the Secretary shall submit to Congress,
and publish in the Federal Register, a report on--
(1) the results of the review;
(2) any proposed changes to the tribal consultation
policies determined necessary as a result of the
review; and
(3) if the Secretary determines that no changes to
the tribal consultation policies are necessary, the
justification for such determination.
----------
11. An Amendment To Be Offered by Representative Peters of California
or His Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. ___. STRUCTURAL HEALTH MONITORING.
(a) In General.--The Secretary shall design and develop a
structural health monitoring program to assess and improve the
condition of infrastructure constructed and maintained by the
Corps of Engineers, including research, design, and development
of systems and frameworks for--
(1) response to flood and earthquake events;
(2) pre-disaster mitigation measures;
(3) lengthening the useful life of the
infrastructure; and
(4) identifying risks due to sea level rise.
(b) Consultation and Consideration.--In developing the
program under subsection (a), the Secretary shall--
(1) consult with academic and other experts; and
(2) consider models for maintenance and repair
information, the development of degradation models for
real-time measurements and environmental inputs, and
research on qualitative inspection data as surrogate
sensors.
----------
12. An Amendment To Be Offered by Representative Quigley of Illinois or
His Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. __. EXPEDITED COMPLETION OF AUTHORIZED PROJECT FOR FLOOD CONTROL.
The Secretary shall expedite the completion of the project
for flood control, Chicagoland Underflow Plan, Illinois, phase
2, as authorized by section 3(a)(5) of the Water Resources
Development Act of 1988 (Public Law 100-676; 102 Stat. 4013)
and modified by section 319 of the Water Resources Development
Act of 1996 (Public Law 104-303; 110 Stat. 3715) and section
501 of the Water Resources Development Act of 1999 (Public Law
106-53; 113 Stat. 334).
----------
13. An Amendment To Be Offered by Representative Vela of Texas or His
Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. __. CAMERON COUNTY, TEXAS.
(a) Release.--As soon as practicable after the date of
enactment of this Act, the Secretary shall execute and file in
the appropriate office a deed of release, amended deed, or
other appropriate instrument effectuating the release of the
interests of the United States in certain tracts of land
located in Cameron County, Texas, as described in subsection
(e).
(b) Additional Terms and Conditions.--The Secretary may
require that any release under this section be subject to such
additional terms and conditions as the Secretary considers
appropriate and necessary to protect the interests of the
United States.
(c) Costs of Conveyance.--The Brownsville Navigation District
shall be responsible for all reasonable and necessary costs,
including real estate transaction and environmental
documentation costs, associated with the releases.
(d) Description.--The Secretary shall release all or portions
of the interests in the following tracts as determined by a
survey to be paid for by the Brownsville Navigation District,
that is satisfactory to the Secretary:
(1) Tract No. 1: Being approximately 1,277.80 acres
as conveyed by the Brownsville Navigation District of
Cameron County, Texas, to the United States by
instrument dated September 22, 1932, and recorded at
volume 238, pages 578 through 580, in the Deed Records
of Cameron County, Texas, to be released and abandoned
in its entirety, save and except the approximately
347.40 acres.
(2) Tract No. 2: Being approximately 842.28 acres as
condemned by the United States by the Final Report of
Commissioners dated May 6, 1938, and recorded at volume
281, pages 486 through 488, in the Deed Records of
Cameron County, Texas, to be released and abandoned in
its entirety, save and except approximately 158.14
acres comprised of an approximately 500 ft. wide strip
centered on the centerline of the Brownsville Ship
Channel.
(3) Tract No. 3: Being approximately 362.00 acres as
conveyed by the Manufacturing and Distributing
University to the United States by instrument dated
March 3, 1936, and recorded at volume ``R'', page 123,
in the Miscellaneous Deed Records of Cameron County,
Texas, to be released and abandoned in its entirety.
(4) Tract No. 5: Being approximately 10.91 acres as
conveyed by the Brownsville Navigation District of
Cameron County, Texas, by instrument dated March 6,
1939, and recorded at volume 293, pages 113 through
115, in the Deed Records of Cameron County, Texas (said
10.91 acres are identified in said instrument as the
``Third Tract''), to be partially released as to the
land portion of the tract.
(5) Tract No. 9: Being approximately 552.82 acres as
condemned by the United States by the Final Report of
Commissioners dated May 6, 1938, and recorded at volume
281, pages 483 through 486, in the Deed Records of
Cameron County, Texas, to be released and abandoned in
its entirety, save and except approximately 88.04 acres
comprised of an approximately 450 ft. wide strip along
the new centerline of the Brownsville Ship Channel.
(6) Tract No. 10: Being approximately 325.02 acres as
condemned by the United States by the Final Report of
Commissioners dated May 7, 1935, and recorded at volume
281, pages 476 through 483, in the Deed Records of
Cameron County, Texas, to be released and abandoned in
its entirety, save and except approximately 61.58 acres
comprised of an approximately 500 ft. wide strip
centered on the new centerline of the Brownsville Ship
Channel.
(7) Tract No. 11: Being approximately 8.85 acres as
conveyed by the Brownsville Navigation District of
Cameron County, Texas, to the United States by
instrument dated January 23, 1939, and recorded at
volume 293, pages 115 through 118, in the Deed Records
of Cameron County, Texas (said 8.85 acres are
identified in said instrument as the ``First Tract''),
to be released and abandoned in its entirety, save and
except a narrow area along the channel.
----------
14. An Amendment To Be Offered by Representative Huizenga of Michigan
or His Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. __. GREAT LAKES NAVIGATION SYSTEM.
Section 210(d)(1)(B) of the Water Resources Development Act
of 1986 (33 U.S.C. 2238(d)(1)(B)) is amended in the matter
preceding clause (i) by striking ``For each of fiscal years
2015 through 2024'' and inserting ``For each fiscal year''.
----------
15. An Amendment To Be Offered by Representative Joyce of Ohio or His
Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. ___. 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 inter-
organizational 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 House
Committee on Transportation and
Infrastructure and the Senate Committee
on Environment and Public Works 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, multi-year
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.''.
----------
16. An Amendment To Be Offered by Representative Bridenstine of
Oklahoma or His Designee, Debatable for 10 Minutes
Page 72, strike lines 19 through 21.
At the end of title II, add the following:
SEC. 2__. TULSA AND WEST TULSA, ARKANSAS RIVER, OKLAHOMA.
(1) In general.--The Secretary shall conduct a study
to determine the feasibility of modifying the projects
for flood risk management, Tulsa and West Tulsa,
Oklahoma, authorized by section 3 of the Act of August
18, 1941 (55 Stat. 645; chapter 377).
(2) Requirements.--
(A) In general.--In carrying out the study
under paragraph (1), the Secretary shall
address project deficiencies, uncertainties,
and significant data gaps, including material,
construction, and subsurface, which render the
project at risk of overtopping, breaching, or
system failure.
(B) Addressing deficiencies.--In addressing
deficiencies under subparagraph (A), the
Secretary shall incorporate current design
standards and efficiency improvements,
including the replacement of mechanical and
electrical components at pumping stations, if
the incorporation does not significantly change
the scope, function, or purpose of the project.
(3) Prioritization to address significant risks.--In
any case in which a levee or levee system (as defined
in section 9002 of the Water Resources Reform and
Development Act of 2007 (33 U.S.C. 3301)) is classified
as a Class I or II under the levee safety action
classification tool developed by the Corps of
Engineers, the Secretary shall expedite the project for
budget consideration.
----------
17. An Amendment To Be Offered by Representative Courtney of
Connecticut or His Designee, Debatable for 10 Minutes
At the end of title III, add the following:
SEC. ___. STONINGTON HARBOR, CONNECTICUT.
The portion of the project for navigation, Stonington Harbor,
Connecticut, authorized by the Act of May 23, 1828 (4 Stat.
288; chapter 73) that consists of the inner stone breakwater
that begins at coordinates N. 682,146.42, E. 1231,378.69,
running north 83.587 degrees west 166.79' to a point N.
682,165.05, E. 1,231,212.94, running north 69.209 degrees west
380.89' to a point N. 682,300.25, E. 1,230,856.86, is no longer
authorized as a Federal project beginning on the date of
enactment of this Act.
----------
18. An Amendment To Be Offered by Representative Newhouse of Washington
or His Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. __. KENNEWICK MAN.
(a) Definitions.--In this section:
(1) Claimant tribes.--The term ``claimant tribes''
means the Confederated Tribes of the Colville
Reservation, the Confederated Tribes and Bands of the
Yakama Nation, the Nez Perce Tribe, the Confederated
Tribes of the Umatilla Reservation, and the Wanapum
Band of Priest Rapids.
(2) Department.--The term ``Department'' means the
Washington State Department of Archaeology and Historic
Preservation.
(3) Human remains.--The term ``human remains'' means
the human remains that--
(A) are known as Kennewick Man or the Ancient
One, which includes the projectile point lodged
in the right ilium bone, as well as any residue
from previous sampling and studies; and
(B) are part of archaeological collection
number 45BN495.
(b) Transfer.--Notwithstanding any other provision of Federal
law, including the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.), or law of the State
of Washington, not later than 90 days after the date of
enactment of this Act, the Secretary, acting through the Chief
of Engineers, shall transfer the human remains to the
Department, on the condition that the Department, acting
through the State Historic Preservation Officer, disposes of
the remains and repatriates the remains to claimant tribes.
(c) Terms and Conditions.--The transfer shall be subject to
the following terms and conditions:
(1) The release of the human remains to the claimant
tribes is contingent upon the claimant tribes entering
into agreement with the Department.
(2) The claimant tribes are in agreement as to the
final burial place of the human remains.
(3) The claimant tribes are in agreement that the
human remains will be buried in the State of
Washington.
(4) The claimant tribes are in agreement that the
Department will take custody of the human remains upon
the transfer by the Secretary.
(d) Cost.--The Corps of Engineers shall be responsible for
any costs associated with the transfer.
(e) Limitations.--
(1) In general.--The transfer shall be limited solely
to the human remains portion of the archaeological
collection.
(2) Secretary.--The Secretary shall have no further
responsibility for the human remains transferred
pursuant to subsection (b) after the date of the
transfer.
----------
19. An Amendment To Be Offered by Representative Kildee of Michigan or
His Designee, Debatable for 10 Minutes
At the end of title I, add the following:
SEC. 1__. ADDITIONAL ASSISTANCE.
Section 219 of the Water Resources Development Act of 1992
(Public Law 102-580; 106 Stat. 4835) is amended by adding at
the end the following:
``(g) Additional Assistance.--Notwithstanding any
limitation on project purposes identified in subsections (c) or
(f), or limitation on authorization, the Secretary may provide
additional assistance under subsection (a), and assistance for
construction, to any community identified in subsection (c) or
(f), in any State for which the President has declared an
emergency under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), as a result
of the presence of chemical, physical, or biological
constituents, including lead or other contaminants in the
eligible system, for the repair or replacement of public and
private infrastructure.
``(h) Authorization of Appropriations.--For the purposes
under paragraph (g), there is authorized to be appropriated
$170,000,000 to remain available until expended.''