Summary:
Coast Guard Authorization Act of 2015

TITLE I--AUTHORIZATIONS (Sec. 101) This bill authorizes appropriations for the Coast Guard for FY2016-FY2017 as well as an end-of-year strength for active duty personnel of 43,000 for each of them.

Prior authorization of appropriations shall be required for the Coast Guard Reserve program.

Additional appropriations are authorized for FY2016-FY2017 for preacquisition activities for a new polar icebreaker, including initial specification development and feasibility studies.

TITLE II--COAST GUARD (Sec. 201) The grade of the Vice Commandant of the Coast Guard shall be increased from vice admiral to admiral, and the Chief of Staff of the Coast Guard shall be a vice admiral.

(Sec. 202) The President may designate within the Executive branch, outside the Coast Guard, positions of importance and responsibility held by officers with the grade of vice admiral.

(Sec. 203) The Coast Guard shall develop and implement a plan to conduct every two years a multirater assessment for each Coast Guard: (1) flag officer, (2) member of the Senior Executive Staff, and (3) officer nominated for promotion to the grade of captain.

A multirater assessment is a review that seeks opinion from members senior to the reviewee as well as the reviewee's peers and subordinates.

The Coast Guard shall report to Congress on the feasibility of including a multirater assessment as part of its personnel development programs.

The Coast Guard shall also develop an annual training course for all Coast Guard flag officers newly appointed or assigned to billets in the National Capital Region, and all Coast Guard senior executive service personnel employed in the National Capital Region, to educate them on the workings of Congress.

(Sec. 204) The bill repeals certain requirements and Enlisted Personnel Board procedures for the involuntary retirement of enlisted Coast Guard members with 20 or more years of active military service.

(Sec. 205) The Coast Guard shall: (1) report to Congress on alternative methods for notifying members of the Coast Guard of their monthly earnings, and (2) audit annually the pay and allowances for the members transferred to new units during the year.

 (Sec. 206) The Coast Guard may recall and order to active duty, without the member's consent, a retired Coast Guard member subject to the Uniform Code of Military Justice (UCMJ) for the purpose of a preliminary hearing under the UCMJ, trial by court-martial, and nonjudicial punishment.

(Sec. 207) The Department of Homeland Security (DHS) shall, in lieu of reimbursement, transfer, from amounts appropriated for the operating expenses of the Coast Guard, an amount, determined by the Department of Defense (DOD) Board of Actuaries, that represents the value of care that the DOD or a military department, during the fiscal year in which funds are made available, provides to a member or former member of the Coast Guard (or a dependent).

(Sec. 208) DHS may have remitted or cancelled any part of a person's indebtedness to the United States or any instrumentality of the United States if:

 the indebtedness was incurred while the person served on active duty as a member of the Coast Guard; and DHS determines that remitting or cancelling the indebtedness is in the best interest of the United States. (Sec. 209) The bill reduces from 90 to 30 days the deadline for the Coast Guard to notify Congress before approving a community as Coast Guard City, USA.

(Sec. 210) The Coast Guard shall report quarterly to Congress a current assessment of the risks associated with all current major acquisition programs.

(Sec. 211) The Coast Guard shall assess for Congress the effect of any new major acquisition on its stated Program of Record and Capital Investment Plan.

(Sec. 212) A Polar Icebreaker shall be exempt from the requirement that it be classed by the American Bureau of Shipping before final acceptance by the Coast Guard. On the other hand the Coast Guard shall cause the design and construction of each Polar Icebreaker to be assessed by an independent third party with expertise in vessel design and construction certification.

The Coast Guard may contract for the acquisition of Polar Icebreakers and associated equipment using incremental funding. The Department in which the Coast Guard is operating (the Department, unless otherwise indicated) shall:

 complete a materiel condition assessment with respect to the U.S. Coast Guard Cutter Polar Sea, and determine whether it is cost effective to reactivate the Polar Sea when compared with other options to provide icebreaking services as part of a strategy to maintain polar icebreaking services. The Coast Guard may also decommission the Polar Sea if reactivation is not cost effective.

(Sec. 213) The Coast Guard may enter into a contract or cooperative agreement on a sole source basis, or into a lease or license, with a tax-exempt nonprofit organization that the Coast Guard Academy Alumni Association may establish in order to apply for and administer federal, state, or other educational research grants on behalf of the Coast Guard Academy.

For the support of such research the Coast Guard may also:

 allow that organization to use, at no cost, personal property of the Coast Guard; accept, retain, and use funds, supplies, and services from the organization (Sec. 214) The Magnuson-Stevens Fishery Conservation and Management Act is amended, with respect to enforcement of national fishery management program requirements, to specify the U.S. District Court for the District of Hawaii as the appropriate court for Hawaii (as under current law) or any U.S. possession of in the Pacific Ocean, and the U.S. District Court for the District of Guam as the appropriate court for Wake Island.

(Sec. 215) The bill repeals the prohibition against (and so shall allow) expending appropriated federal funds for the engineering, design, or construction of a National Coast Guard Museum.

(Sec. 216) The DHS Inspector General shall consult with the DOD Inspector General anytime a report of allegations of misconduct are made against senior officials (flag officers and Senior Executive Service). Investigations of misconduct must be consistent with DOD policies.

(Sec. 217) DHS shall issue guidance and procedures for Coast Guard boards and personnel necessary to ensure that, in determining whether the disability of a Coast Guard member is combat-related and so eligible for combat-related special compensation, those boards and personnel consider DOD criteria in the same manner as boards and personnel of the military departments consider such criteria in making similar determinations.

Such a disability shall include one incurred in the performance of combat-related eligible duties while permanently or temporarily assigned to a combatant command or other DOD unit or while executing a mission or training in support of DOD.

Such a disability shall also include one incurred by a member of the Coast Guard when it was not operating as a service in the Navy:

 while engaged in hazardous service, including aviation duty, diving duty, rescue swimmer or similar duty, and hazardous service duty onboard a small vessel (such as surfman duty) in the performance of duties for which certain special or incentive pay was paid; in the performance of a homeland security mission or of a search and rescue mission; or while engaged in a training exercise for the performance of such a mission or duty. (Sec. 218) Within a year after DOD or the Navy promulgates a new rule, policy, or memorandum regarding maternity leave, the Department shall promulgate a similar rule, policy, or memorandum, consistent with whichever maternity leave policy is greater in terms of both duration and compensation.

TITLE III--SHIPPING AND NAVIGATION (Sec. 301) Whistleblower protections for seamen reporting possible violations of a maritime safety or environmental protection law or regulation shall extend to reports to a vessel owner, a vessel operator, or the seaman's employer.

(Sec. 302) The bill prescribes criminal penalties for destruction of evidence and other property subject to forfeiture during maritime counter-drug operations.

Practices commonly recognized as smuggling tactics, including specified indicia, may provide prima facie evidence of intent to use a vessel to commit, or to facilitate the commission of, an controlled substances offense, even in the absence of controlled substances aboard the vessel.

The bill prescribes criminal penalties also for knowing concealment of over $100,000 in currency or other monetary instruments in the course of maritime bulk cash smuggling.

(Sec. 303) Requirements and prohibitions for the carriage of liquid bulk dangerous cargoes shall apply to fishing or fish tender vessels of 500 gross tons or less if they are carrying flammable or combustible liquid cargoes in bulk.

(Sec. 304) The Department and the Department of Transportation (DOT) shall establish policies and practices to ensure that the authorities relating to maritime transportation of hazardous materials are enforced in the same manner and to the same extent, and the civil and criminal penalties are assessed or recommended in the same manner and to the same extent.

(Sec. 305) The Department may develop and propose a model for a national recreational vessel training curriculum and education standards for operators of recreational vessels equipped with propulsion machinery of any kind.

(Sec. 306) Freedom of Information requirements for federal agencies shall not apply to a question from any examination for a merchant seamen license, certificate, or document, let alone the answer.

The Secretary shall develop a sample merchant mariner exam and outline of merchant mariner exam topics on an annual basis.

(Sec. 307) The Coast Guard Authorization Act of 2010 is revised with regard to the application to Cape Flattery, Washington, of certain requirements for tank vessel response plans for oil, response plan requirements for vessels carrying animal fats and vegetable oils as a primary cargo, and response plan requirements for vessels carrying other non-petroleum oils as a primary cargo. The application of these requirements to the higher volume port area for the Strait of Juan de Fuca at Port Angeles, Washington (including any water area within 50 nautical miles seaward), to and including Puget Sound, shall be deemed also to apply, in the same manner, and to the same extent, to the Strait of Juan de Fuca at Cape Flattery, Washington (including any water area within 50 nautical miles seaward), to and including Puget Sound.

(Sec. 308) The Department may treat as one of its own any assessment of the effectiveness of a foreign port's antiterrorism measures conducted by a foreign government (including an entity of or operating under the auspices of the European Union) or by an international organization if certain requirements are met.

The Department may enter into an agreement with a foreign government (including one under European Union auspices) or an international organization for the conduct of such assessments and the sharing of information.

(Sec. 309) In establishing a model year for recreational vessels and associated equipment, the Department shall begin it on June 1 of one year and end it on July 31 of the following year, which shall also be the year designated.

(Sec. 310) The Department shall amend regulations relating to weights (pounds) of outboard motor and related equipment for various boat horsepower ratings to reflect Standard 30-Outboard Engine and Related Equipment Weights published by the American Boat and Yacht Council.

(Sec. 311) The Secretary shall make a minimum of $59 million of direct loan obligations available each fiscal year for repairs or replacements of fishing vessels according to historic uses.

The Fisheries Financing Act is amended to declare that the prohibition against federal direct loans or loan guarantees for the construction or rebuilding of fishing vessels exceeding specified dimensions shall not apply to vessels in fisheries under the jurisdiction of the North Pacific Fishery Management Council, and managed under a fishery management plan issued under the Magnuson-Stevens Fishery Conservation and Management Act, or in the Pacific whiting fishery under the jurisdiction of the Pacific Fishery Management Council and managed under a fishery management plan issued under that Act.

Any fishing vessel operated in fisheries under such jurisdictions and managed under such plans, and that is replaced by a vessel constructed or rebuilt with a federal loan or loan guarantee, may not be used to harvest fish in any fishery under the jurisdiction of any regional fishery management council but the North Pacific Fishery Management Council or the Pacific Fishery Management Council. (Sec. 312) Certain fishing or fish tender vessels of between 50 and 190 feet in length, which are built after January 1, 2016, which meet other specified criteria shall be exempted from American Bureau of Shipping certification requirements.

Any modification or substantial change to such a vessel must meet specified requirements, including review and approval by a registered professional engineer before the modification or change is begun.

TITLE IV--FEDERAL MARITIME COMMISSION (Sec. 401) The Federal Maritime Commission (FMC) is reauthorized for FY2016-FY2017.

(Sec. 402) All appointments by the FMC Chairman of the heads of major organizational units, and all requests to the President and Congress for appropriations, must be approved by the entire FMC.

TITLE V--SPORTFISH RESTORATION AND RECREATIONAL BOATING SAFETY REAUTHORIZATION Sport Fish Restoration and Recreational Boating Safety Act

(Sec. 502) The Dingell-Johnson Sport Fish Restoration Act is amended to:

 revise a formula to increase from 57% to 57.42% of certain appropriations the supplemental amount of unexpended or unobligated funds available to be apportioned among the states; increase percentages in the division of appropriations for coastal wetlands, boating safety, and boating infrastructure, among other things; and require a special set-aside to the Department in which the Coast Guard is operating for recreational boating safety. (Sec. 504) The Internal Revenue Code is amended to extend through FY2023 the exception to the limit on transfers to the Sport Fish Restoration and Boating Trust Fund for expenditures to pay certain contracts.

(Sec. 505) This bill repeals:

 the 5% limitation on fiscal year allocations for national boating safety activities of national nonprofit public service organizations; and the 2% limitation on available fiscal year amounts for state recreational boating safety programs to pay specified administrative and investigative costs. (Sec. 506) Funds are made available for the National Boating Safety Advisory Council and to ensure compliance with federal recreational boating safety requirements, including the Coast Guard Manufacturing Compliance Program.

(Sec. 507) The National Boating Safety Advisory Council is reauthorized through FY2023.

(Sec. 508) The Coastal Wetlands Planning, Protection and Restoration Act is amended to require the triennial report of the Louisiana Coastal Wetlands Conservation and Restoration Task Force on the effectiveness of the coastal wetlands restoration projects to evaluate any improvements made to the quality of fish and wildlife habitat conditions.

(Sec. 509) The U.S. Fish and Wildlife Service shall report annually to the states and the sportfishing community on its administrative services for the Sport Fish Restoration and Boating Trust Fund.

TITLE VI--CONVEYANCE OF COAST GUARD PROPERTY

Subtitle A--Conveyance of Coast Guard Property in Point Spencer, Alaska

(Sec. 603) The Department of the Interior shall convey the surface and subsurface estates of Tracts 1, 2, 3, 4, and 5 as identified on the map titled "Point Spencer Land Retention and Conveyance Map," dated January 2015, to the Bering Straits Native Corporation and tract 6 surface and subsurface estates to Alaska in accordance with specified terms.

(Sec. 604) The bill establishes the Port Coordination Advisory Council for the Port of Point Spencer.

Subtitle B--Other Conveyance of Coast Guard Property

(Sec. 611) The Coast Guard may convey:

 32 acres of federal land (including all buildings, structures, utilities, and facilities on the land) known as CAMSPAC Housing in Point Reyes Station to Marin County, California, to be used for affordable housing or to provide a public benefit approved by the County, and 3.25 acres of real property under Coast Guard administrative control (including all improvements located on the property) in Tok, Alaska, upon payment to the United States of the property's fair market value. TITLE VII--MISCELLANEOUS

(Sec. 701) The Oil Pollution Act of 1990 is amended to name the U.S. Arctic Research Commission as a member of the Interagency Coordinating Committee on Oil Pollution Research.

Representatives of the National Oceanic and Atmospheric Administration, the Bureau of Safety and Environmental Enforcement, and of the Environmental Protection Agency (EPA) shall serve, on a rotating basis, as vice chairperson of the Committee. (Sec. 702) The Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 is amended to repeal the requirement that the National Response Center, after receiving from owners and operators of pipeline facilities any revisions to an initial telephonic or electronic notification of a pipeline facility accident or incident, update the initial report instead of generating a new report. (Sec. 703) The bill makes technical corrections to the Rivers and Harbors Appropriation Act of 1899 with respect to the Coast Guard to specify the Department in which the Coast Guard is operating instead of the DOT. (Sec. 704) The Coast Guard Authorization Act of 2010 is amended with respect to international port and facility inspection coordination to shift assessment authority from the Secretary to DHS and require DHS to develop a process by which the assessments are coordinated between the Coast Guard and Customs and Border Protection. (Sec. 705) The Coast Guard and Maritime Transportation Act of 2006 is amended to: change to July 1 of each year the deadline for annual reports of the Coast Guard and the National Marine Fisheries Service on the distant water tuna fleet, and replace the requirement for an annual update to a certain report on limits to liability with one for an update only after an oil discharge from a vessel or nonvessel source that results or is likely to result in removal costs and damages exceeding liability limits under the Oil Pollution Act of 1990. (Sec. 706) The Howard Coble Coast Guard and Maritime Transportation Act of 2014 is amended to revise the declaration that bars the Department and the EPA from prohibiting a vessel operating within the Thunder Bay National Marine Sanctuary and Underwater Preserve from taking up or discharging ballast water to allow for safe and efficient vessel operation if the uptake or discharge meets all federal and state ballast water management requirements that would apply if the area were not a marine sanctuary. The bar on such a prohibition shall extend to any national marine sanctuary that preserves shipwrecks or maritime heritage in the Great Lakes, unless the sanctuary designation documents do not allow taking up or discharging ballast water in the sanctuary. (Sec. 707) The Department may issue a certificate of documentation with a coastwise endorsement for the F/V RONDYS.

(Sec. 708) The Coast Guard shall report to Congress on current operations to perform the International Ice Patrol mission as well as alternatives for carrying out that mission, including satellite surveillance technology.

(Sec. 709) The Department of Commerce shall convey all right, title, and interest in specified property in Alaska to the native Village Corporation for St. Paul Island.

The Department in which the Coast Guard is operating may operate, maintain, keep, locate, inspect, repair, and replace any federal aid to navigation located on the property as long as the aid is needed for navigational purposes.

 The Department of Commerce and the presiding officer of the Alaska Native Village Corporation for St. Paul Island shall enter into an agreement to exchange of certain other property on St. Paul Island. A procedure is prescribed for transfer to the Village Corporation of any other property not specified in a certain document. (Sec. 710) The Howard Coble Coast Guard and Maritime Transportation Act of 2014 is amended with respect to the allowance of parking spaces at the DHS St. Elizabeths Campus to Coast Guard members or employees to require that parking be at no cost to the Coast Guard, its members, or employees. (Sec. 711) The Coast Guard shall: assess the effectiveness of oil spill response activities specific to the Great Lakes, and report to Congress on the status of technology for immediately detecting cruise ship passengers who have fallen overboard TITLE VIII--VESSEL INCIDENTAL DISCHARGE ACT Vessel Incidental Discharge Act

(Sec. 804) The Coast Guard shall establish and implement enforceable uniform national standards for the regulation of discharges into navigable waters incidental to the normal operation of a vessel.

(Sec. 805) The Coast Guard's 2012 rule for ballast water discharges incidental to the normal operation of a vessel are adopted until those performance standards are revised or a more stringent state standard is adopted. Ballast water is water taken aboard a vessel to control stability or during the operation of a vessel's ballast water treatment technology.

Within two years, the Coast Guard must establish best management practices for discharges other than ballast water which are also incidental to the normal operation of a vessel.

By January 1, 2020, the Coast Guard must complete a feasibility review to determine whether revising ballast water performance standards will result in a scientifically demonstrable and substantial reduction in the risk of introduction or establishment of aquatic nuisance species. By January 1, 2022, the Coast Guard must establish a revised standard based on the ballast water treatment technology available. Further revisions to the performance standards shall be considered every 10 years.

(Sec. 806) This bill establishes a certification requirement for ballast water treatment technology. The Department in which the Coast Guard is operating may not approve a technology if it uses a biocide or generates a biocide that is a pesticide.

(Sec. 807) The bill permanently exempts certain vessels from permit requirements for those discharges, including fishing vessels, recreational vessels, or vessels that are less than 79 feet and engaged in commercial service.

(Sec. 808) The Department may establish one or more compliance programs as an alternative to ballast water management regulations issued under this Act for a vessel that:

 has a maximum ballast water capacity of less than 8 cubic meters, is less than 3 years from the end of the useful life of the vessel, or discharges ballast water into a facility for the reception of ballast water that meets certain standards. (Sec. 809) Interested persons may petition within 120 days for review of a final regulation promulgated under this title in the U.S. Court of Appeals for the District of Columbia Circuit.

(Sec. 810) This bill also establishes a petition process for a state seeking to enforce a state or local statute or regulation related to ballast water discharges more stringent than federal performance standards.

(Sec. 811) This title is declared the exclusive statutory authority for federal regulation of discharges incidental to the normal operation of a vessel to which this title applies.

coast guard authorization act title authorizations sec bill authorizes appropriations coast_guard fy2016 fy2017 end year strength active duty personnel prior authorization appropriations shall required coast_guard_reserve program additional appropriations authorized fy2016 fy2017 activities new polar icebreaker including initial specification development feasibility studies title coast guard sec grade vice commandant coast guard shall increased vice admiral admiral chief staff coast_guard shall vice admiral sec president designate executive branch outside coast_guard positions importance responsibility held officers grade vice admiral sec coast_guard shall develop implement plan conduct years assessment coast_guard flag officer member senior executive staff officer nominated promotion grade captain assessment review seeks opinion members senior peers coast_guard shall report congress feasibility including assessment personnel development programs coast_guard shall develop annual training course coast_guard flag officers newly appointed assigned national_capital_region coast_guard senior executive service personnel employed national_capital_region educate congress sec bill repeals certain requirements procedures involuntary retirement enlisted coast_guard members years active military service sec coast_guard shall report congress alternative methods notifying members coast_guard monthly earnings audit annually pay allowances members transferred new units year sec coast_guard recall order active duty member consent retired coast_guard member subject uniform code military justice ucmj purpose preliminary hearing ucmj trial court martial nonjudicial punishment sec department_of_homeland_security dhs shall lieu reimbursement transfer amounts appropriated operating expenses coast_guard determined department_of_defense dod represents value care dod military department fiscal year funds available provides member member coast_guard dependent sec dhs remitted cancelled person indebtedness united_states instrumentality united_states indebtedness incurred person served active duty member coast_guard dhs determines remitting cancelling indebtedness best interest united_states sec bill reduces days deadline coast_guard notify congress approving community usa sec coast_guard shall report quarterly congress current assessment risks associated current major acquisition programs sec coast_guard shall assess congress effect new major acquisition stated sec polar icebreaker shall exempt requirement classed american_bureau_of_shipping final acceptance coast_guard hand coast_guard shall cause design construction polar icebreaker assessed independent party expertise vessel design construction certification coast_guard contract acquisition associated equipment incremental funding department coast_guard operating department indicated shall complete materiel condition assessment respect determine cost effective reactivate polar_sea compared options provide icebreaking services strategy maintain polar icebreaking services coast_guard decommission polar_sea reactivation cost effective sec coast_guard enter contract cooperative agreement sole source basis lease license tax exempt nonprofit organization establish order apply administer federal state educational research grants behalf coast_guard_academy support research coast_guard allow organization use cost personal property coast_guard accept retain use funds supplies services organization sec magnuson stevens fishery conservation management act amended respect enforcement national fishery management program requirements specify appropriate court hawaii current law possession pacific_ocean appropriate court sec bill repeals prohibition shall allow expending appropriated federal funds engineering design construction sec dhs inspector general shall consult dod inspector general report allegations misconduct senior officials flag officers senior_executive_service investigations misconduct consistent dod policies sec dhs shall issue guidance procedures coast_guard boards personnel necessary ensure determining disability coast_guard member combat related eligible combat related special compensation boards personnel consider dod criteria manner boards personnel military departments consider criteria making similar determinations disability shall include incurred performance combat related eligible duties permanently temporarily assigned combatant command dod unit executing mission training support dod disability shall include incurred member coast_guard operating service navy engaged hazardous service including aviation duty duty rescue similar duty hazardous service duty onboard small vessel duty performance duties certain special incentive pay paid performance homeland security mission search rescue mission engaged training exercise performance mission duty sec year dod navy promulgates new rule policy memorandum maternity leave department shall promulgate similar rule policy memorandum consistent whichever maternity leave policy greater terms duration compensation title iii shipping navigation sec whistleblower protections seamen reporting possible violations maritime safety environmental protection law regulation shall extend reports vessel owner vessel operator seaman employer sec bill prescribes criminal penalties destruction evidence property subject forfeiture maritime counter drug operations practices commonly recognized smuggling tactics including specified indicia provide prima facie evidence intent use vessel commit facilitate commission controlled substances offense absence controlled substances aboard vessel bill prescribes criminal penalties knowing concealment currency monetary instruments course maritime bulk cash smuggling sec requirements prohibitions carriage liquid bulk dangerous cargoes shall apply fishing fish tender vessels gross tons carrying flammable combustible liquid cargoes bulk sec department department_of_transportation dot shall establish policies practices ensure authorities relating maritime transportation hazardous materials enforced manner extent civil criminal penalties assessed recommended manner extent sec department develop propose model national recreational vessel training curriculum education standards operators recreational vessels equipped propulsion machinery kind sec freedom information requirements federal agencies shall apply question examination merchant seamen license certificate document let answer secretary shall develop sample merchant mariner exam outline merchant mariner exam topics annual basis sec coast_guard_authorization_act revised regard application washington certain requirements tank vessel response plans oil response plan requirements vessels carrying animal fats vegetable oils primary cargo response plan requirements vessels carrying non petroleum oils primary cargo application requirements higher volume port area strait_of_juan_de_fuca port_angeles washington including water area nautical miles seaward including puget_sound shall deemed apply manner extent strait_of_juan_de_fuca cape washington including water area nautical miles seaward including puget sound sec department treat assessment effectiveness foreign port antiterrorism measures conducted foreign government including entity operating european_union international organization certain requirements met department enter agreement foreign government including european_union international organization conduct assessments sharing information sec establishing model year recreational vessels associated equipment department shall begin june year end july following year shall year designated sec department shall amend regulations relating weights pounds motor related equipment boat ratings reflect standard engine related equipment weights published sec secretary shall minimum million direct loan obligations available fiscal year repairs replacements fishing vessels according historic uses fisheries financing act amended declare prohibition federal direct loans loan guarantees construction rebuilding fishing vessels exceeding specified dimensions shall apply vessels fisheries jurisdiction north_pacific_fishery_management_council managed fishery management plan issued magnuson-stevens_fishery_conservation_and_management_act pacific fishery jurisdiction managed fishery management plan issued act fishing vessel operated fisheries jurisdictions managed plans replaced vessel constructed rebuilt federal loan loan guarantee harvest fish fishery jurisdiction regional fishery management council north_pacific_fishery_management_council sec certain fishing fish tender vessels feet length built january meet specified criteria shall exempted american_bureau_of_shipping certification requirements modification substantial change vessel meet specified requirements including review approval registered professional engineer modification change begun title federal maritime commission sec federal_maritime_commission fmc reauthorized fy2016 fy2017 sec appointments fmc chairman heads major organizational units requests president congress appropriations approved entire fmc title restoration recreational boating safety reauthorization sport fish restoration recreational boating safety act sec dingell johnson sport fish restoration act amended revise formula increase certain appropriations supplemental unexpended unobligated funds available apportioned states increase percentages division appropriations coastal wetlands boating safety boating infrastructure things require special set aside department coast_guard operating recreational boating safety sec internal revenue code amended extend fy2023 exception limit transfers sport_fish_restoration boating_trust_fund expenditures pay certain contracts sec bill repeals limitation fiscal year allocations national boating safety activities national nonprofit public service organizations limitation available fiscal year amounts state recreational boating safety programs pay specified administrative investigative costs sec funds available national_boating_safety_advisory_council ensure compliance federal recreational boating safety requirements including sec national_boating_safety_advisory_council reauthorized fy2023 sec amended require triennial report effectiveness coastal wetlands restoration projects evaluate improvements quality fish wildlife habitat conditions sec shall report annually states community administrative services sport_fish_restoration boating_trust_fund title conveyance coast guard property subtitle alaska sec department_of_the_interior shall convey surface subsurface estates tracts identified map titled point spencer land retention conveyance map dated january bering_straits_native_corporation tract surface subsurface estates alaska accordance specified terms sec bill establishes port point spencer subtitle conveyance coast guard property sec coast_guard convey acres federal land including buildings structures utilities facilities land known housing point reyes station marin_county california affordable housing provide public benefit approved county acres real property coast_guard administrative control including improvements located property alaska payment united_states property fair market value title vii miscellaneous sec oil pollution act amended member interagency_coordinating_committee_on_oil_pollution_research representatives national_oceanic_and_atmospheric_administration bureau_of_safety_and_environmental_enforcement environmental_protection_agency epa shall serve rotating basis vice chairperson committee sec job creation act amended repeal requirement national_response_center receiving owners operators pipeline facilities revisions initial telephonic electronic notification pipeline facility accident incident update initial report instead generating new report sec bill makes technical corrections respect coast_guard specify department coast_guard operating instead dot sec coast_guard_authorization_act amended respect international port facility inspection coordination shift assessment authority secretary dhs require dhs develop process assessments coordinated coast_guard customs border protection sec coast_guard maritime transportation act amended change july year deadline annual reports coast_guard national_marine_fisheries_service distant water tuna fleet replace requirement annual update certain report limits liability update oil discharge vessel source results likely result removal costs damages exceeding liability limits oil pollution act sec maritime transportation act amended revise declaration bars department epa prohibiting vessel operating thunder_bay_national_marine_sanctuary underwater preserve taking discharging ballast water allow safe efficient vessel operation uptake discharge meets federal state ballast water management requirements apply area marine sanctuary bar prohibition shall extend national marine sanctuary preserves maritime heritage great lakes sanctuary designation documents allow taking discharging ballast water sanctuary sec department issue certificate documentation coastwise endorsement sec coast_guard shall report congress current operations perform international ice patrol mission alternatives carrying mission including satellite surveillance technology sec department_of_commerce shall convey right title interest specified property alaska native village_corporation department coast_guard operating operate maintain locate inspect repair replace federal aid navigation located property long aid needed navigational purposes department_of_commerce presiding officer paul island shall enter agreement exchange certain property procedure prescribed transfer village_corporation property specified certain document sec maritime transportation act amended respect allowance parking spaces members employees require parking cost coast_guard members employees sec coast_guard shall assess effectiveness oil spill response activities specific great lakes report congress status technology immediately detecting cruise ship passengers fallen overboard title viii discharge act sec coast_guard shall establish implement enforceable uniform national standards regulation discharges navigable waters incidental normal operation vessel sec coast_guard rule ballast water discharges incidental normal operation vessel adopted performance standards revised stringent state standard adopted ballast water water taken aboard vessel control stability operation vessel ballast water treatment technology years coast_guard establish best management practices discharges ballast water incidental normal operation vessel january coast_guard complete feasibility review determine revising ballast water performance standards result scientifically demonstrable substantial reduction risk introduction establishment aquatic nuisance species january coast_guard establish revised standard based ballast water treatment technology available revisions performance standards shall considered years sec bill establishes certification requirement ballast water treatment technology department coast_guard operating approve technology uses biocide generates biocide pesticide sec bill permanently exempts certain vessels permit requirements discharges including fishing vessels recreational vessels vessels feet engaged commercial service sec department establish compliance programs alternative ballast water management regulations issued act vessel maximum ballast water capacity cubic meters years end useful life vessel discharges ballast water facility reception ballast water meets certain standards sec interested persons petition days review final regulation promulgated title district columbia circuit sec bill establishes petition process state seeking enforce state local statute regulation related ballast water discharges stringent federal performance standards sec title declared exclusive statutory authority federal regulation discharges incidental normal operation vessel title applies


Summary:
Cruise Passenger Protection Act - Amends federal shipping law to direct the Department of Transportation (DOT) to develop standards for passenger vessel owners to provide passengers with a summary of key terms of passage contracts before they are binding.

Requires such standards to include recommendations that ensure that the summary is conspicuous and unambiguous.

Requires vessel owners, no later than 180 days after the standards are developed, to:

 provide each passenger vessel with a summary meeting those standards, include a link to each website the owner maintains for passengers to purchase or book passage on a passenger vessel, and include the summary in promotional literature or advertising. Applies this Act to passenger vessels that:

 carry at least 250 passengers, have sleeping facilities for each passenger, are on a voyage that embarks or disembarks passengers in the United States, are not engaged in coastwise trade, and are not federal- or state-owned. Directs DOT to establish a toll-free hotline and website for passenger complaints.

Prescribes both civil and criminal penalties for persons who violate the requirements of this Act.

Directs DOT to determine whether any of the enumerated rights in the international cruise line passenger bill of rights (adopted by the members of the Cruise Lines International Association) is enforceable under federal law.

Directs DOT to establish an advisory committee for passenger vessel consumer protection.

Revises passenger vessel security and safety requirements concerning:

 log book entries and reporting of deaths, missing individuals, thefts, and other crimes; and placement, access to records, and notice of video surveillance equipment to monitor crime. Requires vessel owners to ensure that a vessel is staffed at all times with the appropriate number of sea marshals, as well as appropriate medical staff to treat passengers on board.

Directs DOT to:

 designate a director of victim support services to act as primary point of contact within the federal government for vessel passengers who are victims of crime, establish a 24-hour toll-free telephone number for crime victims to obtain support services, and develop a summary of rights for victims of crime. Directs DOT to maintain on a website a statistical compilation of reported incidents of missing persons, crimes, and other information for vessel passengers.

Directs DOT, in coordination with the Coast Guard, the Department of Justice, and heads of other relevant federal agencies, to study the feasibility of having an individual on board each passenger vessel to provide victim support and related safety and security services.

Requires the Maritime Administration (which, currently, is merely authorized) to certify organizations in the United States and abroad that offer the curriculum for training and certification of passenger vessel security personnel, crewmembers, and law enforcement officials on the appropriate methods for prevention, detection, evidence preservation, and reporting of crimes in international waters.

Revises vessel design, equipment, construction, and retrofitting requirements.

Requires the peep hole or other means of visual identification in the entry door of a passenger stateroom or crew cabin to provide an unobstructed view of the area outside the stateroom or crew cabin.

Authorizes the Department of Homeland Security to withhold or revoke the clearance of, and the Secretary of the department in which the Coast Guard is operating to deny entry into the United States to, any vessel owner that:

 commits an act or omission for which a penalty is imposed under this Act, or fails to pay the penalty.

cruise passenger protection act amends federal shipping law direct department_of_transportation dot develop standards passenger vessel owners provide passengers summary key terms passage contracts binding requires standards include recommendations ensure summary conspicuous unambiguous requires vessel owners later days standards developed provide passenger vessel summary meeting standards include link website owner maintains passengers purchase book passage passenger vessel include summary promotional literature advertising applies act passenger vessels carry passengers sleeping facilities passenger voyage passengers united_states engaged coastwise trade state owned directs dot establish toll free hotline website passenger complaints prescribes civil criminal penalties persons violate requirements act directs dot determine enumerated rights international cruise line passenger bill rights adopted members enforceable federal law directs dot establish advisory committee passenger vessel consumer protection revises passenger vessel security safety requirements concerning log book entries reporting deaths missing individuals thefts crimes placement access records notice video surveillance equipment monitor crime requires vessel owners ensure vessel staffed times appropriate number sea marshals appropriate medical staff treat passengers board directs dot designate director victim support services act primary point contact federal government vessel passengers victims crime establish hour toll free telephone number crime victims obtain support services develop summary rights victims crime directs dot maintain website statistical compilation reported incidents missing persons crimes information vessel passengers directs dot coordination coast_guard department_of_justice heads relevant federal agencies study feasibility having individual board passenger vessel provide victim support related safety security services requires maritime_administration currently merely authorized certify organizations united_states abroad offer curriculum training certification passenger vessel security personnel crewmembers law enforcement officials appropriate methods prevention detection evidence preservation reporting crimes international waters revises vessel design equipment construction retrofitting requirements requires hole means visual identification entry door passenger stateroom crew cabin provide view area outside stateroom crew cabin authorizes department homeland security withhold revoke clearance secretary department coast_guard operating deny entry united_states vessel owner commits act omission penalty imposed act fails pay penalty


Summary:
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

(Sec. 1) This bill extends through October 31, 2028, the exemption of certain vessels from the requirement that U.S. passenger vessels having berth or stateroom accommodations for at least 50 passengers be constructed of fire-retardant materials in order to be granted a certificate of inspection.

The bill continues to apply this exemption only to vessels in operation before January 1, 1968, which operate only within the Boundary Line (the dividing point between inland waters and high seas).

An owner or managing operator of an exempt vessel shall:

 notify crew members (currently, only prospective passengers) that the vessel does not comply with applicable fire safety standards due primarily to the wooden construction of passenger berthing areas; and make annual structural alterations to at least 10% of vessel areas that are not constructed of fire-retardant materials and provide advance notice to the Coast Guard of such alterations. Any noncombustible material requirements prescribed by the Coast Guard (with which an exempt vessel is still required to comply) shall be consistent with the preservation of a vessel's historic integrity in areas carrying or accessible to passengers or generally visible to the public.

measure amended introduced summary expanded action occurred measure sec bill extends october exemption certain vessels requirement passenger vessels having berth stateroom accommodations passengers constructed fire retardant materials order granted certificate inspection bill continues apply exemption vessels operation january operate boundary_line dividing point inland waters high seas owner managing operator exempt vessel shall notify crew members currently prospective passengers vessel comply applicable fire safety standards primarily wooden construction passenger berthing areas annual structural alterations vessel areas constructed fire retardant materials provide advance notice coast_guard alterations material requirements prescribed coast_guard exempt vessel required comply shall consistent preservation vessel historic integrity areas carrying accessible passengers generally visible public


Summary:
Department of Homeland Security Border Security Metrics Act of 2015

(Sec. 3) This bill directs the Department of Homeland Security (DHS) to develop and annually implement specified metrics to measure the effectiveness of: (1) security between ports of entry; (2) security at ports of entry; (3) security in the maritime environment; and (4) aviation assets and operations of the Office of Air and Marine of U.S. Customs and Border Protection, including in detecting and apprehending subjects and in seizing illicit drugs. Such metrics shall be informed by situational awareness, which is defined as knowledge and unified understanding of current unlawful cross-border activity.

(Sec. 7) DHS shall: (1) make data related to apprehensions, inadmissible aliens, drug seizures, and other enforcement actions available to the public, academic research, and law enforcement communities in accordance with applicable privacy laws; (2) provide DHS's Office of Immigration Statistics with unfettered access to the data; (3) submit an annual report containing such metrics and the data and methodology used to develop such metrics to specified congressional committees and the Comptroller General; and (4) after submitting its final report, evaluate and update such metrics to ensure that they meet DHS's performance management needs and are suitable to measure the effectiveness of border security.

(Sec. 8) The Comptroller General shall submit a biennial report that analyzes the suitability and statistical validity of the data and methodology contained in such DHS reports and that includes recommendations on: (1) the feasibility of other suitable metrics for measuring the effectiveness of border security, and (2) improvements that need to be made to the metrics being used to measure such effectiveness.

After the end of each fiscal year through FY2025, DHS must submit a "State of the Border" reportthat includes: (1) trends for each metric under this Act for the last 10 years, and (2) selected analysis into related aspects of illegal flow rates.

sec bill directs department_of_homeland_security dhs develop annually implement specified metrics measure effectiveness security ports entry security ports entry security maritime environment aviation assets operations marine including detecting apprehending subjects seizing illicit drugs metrics shall informed situational awareness defined knowledge unified understanding current unlawful cross border activity sec dhs shall data related apprehensions inadmissible aliens drug seizures enforcement actions available public academic research law enforcement communities accordance applicable privacy laws provide dhs access data submit annual report containing metrics data methodology develop metrics specified congressional committees comptroller_general submitting final report evaluate update metrics ensure meet dhs performance management needs suitable measure effectiveness border security sec comptroller general shall submit biennial report analyzes suitability statistical validity data methodology contained dhs reports includes recommendations feasibility suitable metrics measuring effectiveness border security improvements need metrics measure effectiveness end fiscal year fy2025 dhs submit state border includes trends metric act years selected analysis related aspects illegal flow rates


Summary:
Caribbean Oil Spill Intervention, Prevention, and Preparedness Act

This bill authorizes the Secretary of the department in which the Coast Guard is operating to act, without liability for damage to any interested party, to prevent or respond to a grave and imminent threat of damage to U.S. waters, coastline, or related interests from pollution of the sea by crude oil whenever an incident, activity, or occurrence involving a vessel in waters beyond the U.S. territorial jurisdiction creates such a threat.

The Secretary must: (1) consult, through the Department of State, unless extreme urgency requires immediate action, with the flag country of any vessel involved and other affected countries; and (2) take other specified actions proportionate to the threat.

The National Oceanic and Atmospheric Administration shall develop and apply hydrodynamic modeling of the ocean currents and meteorological modeling of the Straits of Florida.

The National Marine Sanctuaries Act is amended to direct the State Department to negotiate with Mexico, Cuba, and the Bahamas for oil pollution prevention and response and protection of the marine resources of the Gulf of Mexico and Straits of Florida.

The Outer Continental Shelf Lands Act is amended to prohibit the Department of the Interior from granting an oil or gas lease to a bidder conducting operations in the territorial sea, on the continental shelf, or within the exclusive economic zone of Cuba without submitting an oil spill response plan that includes one or more worst-case-scenario oil discharge plans as well as evidence that the bidder has sufficient financial and other resources necessary for response to a worst-case-scenario discharge.

The Coral Reef Conservation Act of 2000 is amended to direct the Department of Commerce to carry out international conservation activities for coral reef ecosystems in waters beyond theU.S. territorial jurisdiction in the Straits of Florida.

The Secretary:

 shall carry out an oil spill risk analysis and planning process for the development and implementation of response plans for oil spills in the Straits of Florida and the Gulf of Mexico originating in waters beyond the U.S. territorial jurisdiction, and may conduct a verification process to ensure that any companies operating in the United States that conduct drilling operations off the coast of Cuba are subject to standards as stringent as those under the Outer Continental Shelf Lands Act.

preparedness act bill authorizes secretary department coast_guard operating act liability damage interested party prevent respond grave imminent threat damage waters coastline related interests pollution sea crude oil incident activity occurrence involving vessel waters territorial jurisdiction creates threat secretary consult department_of_state extreme urgency requires immediate action flag country vessel involved affected countries specified actions proportionate threat national_oceanic_and_atmospheric_administration shall develop apply modeling ocean currents meteorological modeling national marine sanctuaries act amended direct state_department negotiate mexico cuba oil pollution prevention response protection marine resources outer_continental_shelf_lands_act amended prohibit department_of_the_interior granting oil gas lease bidder conducting operations territorial sea continental shelf exclusive economic zone cuba submitting oil spill response plan includes worst case scenario oil discharge plans evidence bidder sufficient financial resources necessary response worst case scenario discharge coral_reef_conservation_act amended direct department_of_commerce carry international conservation activities coral reef ecosystems waters territorial jurisdiction straits florida secretary shall carry oil spill risk analysis planning process development implementation response plans oil spills straits florida gulf_of_mexico originating waters territorial jurisdiction conduct verification process ensure companies operating united_states conduct drilling operations coast cuba subject standards stringent outer_continental_shelf_lands_act


Summary:
Coast Guard Icebreaker Recapitalization Act

This bill authorizes the U.S. Coast Guard to renovate and reactivate the Coast Guard Cutter Polar Sea, a heavy icebreaker, for an additional 7 to 10 years of service life.

The Coast Guard must submit a polar icebreaker recapitalization plan to Congress within 90 days. The plan must include:

 the number of heavy and medium polar icebreakers required in the polar regions, the vessel details required for the design of heavy polar icebreakers, the specific appropriations required for the acquisition of each icebreaker, and a description of any polar icebreaking capacity gaps that exist based on the current fleet and procurement outlook. The bill requires the Government Accountability Office to submit to Congress, within six months, a report on the international funding models used to sustain the icebreaking fleets of foreign countries in the polar regions or other areas. The report must include:

 an analysis of icebreaking activity carried out by foreign countries, an overview of the fees used to compensate foreign countries for icebreaking escorts, the impact of escort fees in the polar regions on the shipping industry, the effectiveness of escort fees in funding foreign icebreaking vessels, and policy recommendations for funding U.S. polar icebreaking vessels.

recapitalization act bill authorizes renovate reactivate heavy icebreaker additional years service life coast_guard submit polar icebreaker recapitalization plan congress days plan include number heavy medium polar icebreakers required polar regions vessel details required design heavy polar icebreakers specific appropriations required acquisition icebreaker description polar icebreaking capacity gaps exist based current fleet procurement outlook bill requires government_accountability_office submit congress months report international funding models sustain icebreaking fleets foreign countries polar regions areas report include analysis icebreaking activity carried foreign countries overview fees compensate foreign countries icebreaking escorts impact escort fees polar regions shipping industry effectiveness escort fees funding foreign icebreaking vessels policy recommendations funding polar icebreaking vessels


Summary:
Harbor Maintenance Trust Fund Reform Act of 2016

This bill amends the Internal Revenue Code to make certain amounts in the Harbor Maintenance Trust Fund available, without appropriation, for expenditures to pay:

 100% of the eligible operations and maintenance costs of specified portions of the Saint Lawrence Seaway as well as those assigned to commercial navigation of all U.S. harbors and inland harbors; rebates of certain tolls or charges on the Seaway; and all expenses of administration relating to harbor maintenance tax incurred by the Department of the Treasury, the Army Corps of Engineers, and the Department of Commerce. The Water Resources Reform and Development Act of 2014 is amended to:

 require allocation to certain donor ports and energy transfer ports of at least 20% of amounts made available each fiscal year from the Trust Fund, and authorize the Department of the Army to make the allocations equally between these kinds of ports. A "donor port" is a port, subject to the harbor maintenance fee, located in a state in which more than 2 million cargo containers were unloaded from or loaded on to vessels in FY2012, whose total amount of collected harbor maintenance taxes comes to less than $15 million annually, and which received less than 25% of the total amount of harbor maintenance taxes collected at that port in the previous five fiscal years.

An "energy transfer port" is one, also subject to the harbor maintenance fee, through which more than 40 million tons of cargo were transported in FY2012, and at which energy commodities constituted more than 25% of all commercial activity by tonnage in that fiscal year.

harbor_maintenance_trust_fund reform act bill amends internal_revenue_code certain amounts harbor_maintenance_trust_fund available appropriation expenditures pay eligible operations maintenance costs specified portions saint lawrence seaway assigned commercial navigation harbors inland harbors rebates certain tolls charges seaway expenses administration relating harbor maintenance tax incurred department_of_the_treasury army_corps_of_engineers department_of_commerce water_resources_reform_and_development_act amended require allocation certain donor ports energy transfer ports amounts available fiscal year trust_fund authorize department_of_the_army allocations equally kinds ports donor port port subject harbor maintenance fee located state million cargo containers unloaded loaded vessels fy2012 total collected harbor maintenance taxes comes million annually received total harbor maintenance taxes collected port previous fiscal years energy transfer port subject harbor maintenance fee million tons cargo transported fy2012 energy commodities constituted commercial activity tonnage fiscal year


Summary:
Maritime Administration Authorization and Enhancement Act for Fiscal Year 2017

This bill reauthorizes the U.S. Maritime Administration (MARAD) programs of the Department of Transportation (DOT) for FY2017.

DOT must direct the U.S. Merchant Marine Academy to prescribe a policy and develop a program to prevent and respond to the sexual harassment and sexual assault of Academy cadets and other Academy personnel.

The bill codifies the legal status of National Defense Reserve Fleet (NDRF) vessels. MARAD training ships which are part of the NDRF are public vessels. NDRF vessels shall remain ''vessels'' until they are delivered to a dismantling facility.

 The Department of Defense (DOD), in conjunction with DOT, may extend the 20- and 25-year age restrictions for vessels in the maritime security fleet for up to 5 years, when the departments jointly determine that it would be in the national interest.

The bill increases from 40 to 50 the number of DOT non-competitive appointments of Merchant Marine Academy cadets with qualities of special value.

The Department of the Navy may use the services of an approved classification society to provide for the classification of certain high-speed vessels. (Currently, the American Bureau of Shipping a non-profit organization makes such classifications for government-owned vessels.)

DOT shall convene a working group to examine and assess the size of the pool of citizen mariners necessary to support the U.S. Flag Fleet in times of national emergency.

DOT shall establish a task force to analyze the impact of extreme weather events on the maritime environment.

MARAD shall review its workforce plans and policies.

The Department of Homeland Security shall make a prospective payment to DOD for medical treatment or care provided to members of the Coast Guard and their dependents at DOD facilities.

Polar Icebreaker Fleet Recapitalization Transparency Act

The bill directs the Secretary of the department in which the Coast Guard is operating to submit to Congress a detailed U.S. Federal polar icebreaker recapitalization plan to meet the 2013 Department of Homeland Security Mission Need Statement.

National Oceanic and Atmospheric Administration Sexual Harassment and Assault Prevention Act

This bill requires the National Oceanic and Atmospheric Administration (NOAA) to develop policies on the prevention of and response to sexual harassment or assaults involving its employees, NOAA's commissioned officer corps, and individuals who work with or conduct business on behalf of NOAA. Those policies must include procedures for reporting incidents, including those occurring after-hours, at sea, or in remote locations.

The bill establishes protections for victims, including through a change of duty station of an alleged perpetrator.

The bill revises and reauthorizes through FY2020 the Hydrographic Services Improvement Act of 1998.

maritime administration authorization enhancement act fiscal year bill reauthorizes programs department_of_transportation dot fy2017 dot direct merchant marine academy prescribe policy develop program prevent respond sexual harassment sexual assault academy cadets academy personnel bill codifies legal status national_defense_reserve_fleet vessels training ships public vessels vessels shall remain vessels delivered dismantling facility department_of_defense dod conjunction dot extend year age restrictions vessels maritime security fleet years departments jointly determine national interest bill increases number dot non competitive appointments cadets qualities special value department_of_the_navy use services approved classification society provide classification certain high speed vessels currently american_bureau_of_shipping non profit organization makes classifications government owned vessels dot shall convene working group examine assess size pool citizen mariners necessary support times national emergency dot shall establish task force analyze impact extreme weather events maritime environment shall review workforce plans policies department_of_homeland_security shall prospective payment dod medical treatment care provided members coast_guard dependents dod facilities transparency act bill directs secretary department coast_guard operating submit congress detailed polar icebreaker recapitalization plan meet assault prevention act bill requires national_oceanic_and_atmospheric_administration noaa develop policies prevention response sexual harassment assaults involving employees noaa commissioned officer corps individuals work conduct business behalf noaa policies include procedures reporting incidents including occurring hours sea remote locations bill establishes protections victims including change duty station alleged perpetrator bill revises reauthorizes


Summary:
Justice for Telecommunications Consumers Act

This bill prohibits a predispute arbitration agreement from being valid or enforceable if it requires arbitration of a dispute arising out of a contract for commercial mobile services, multichannel video programming distributor services, telecommunications or information services, or common carrier services under the Communications Act of 1934.

The validity or enforceability of such an agreement to arbitrate shall be determined by a court, under federal law, rather than by an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement.

The bill does not apply to contracts between an employer and a labor organization or between labor organizations, except that no such arbitration provision shall waive the right of an employee to seek judicial enforcement of a right arising under the U.S. Constitution, a state constitution, a federal or state statute, or related public policy.

justice telecommunications consumers act bill prohibits predispute arbitration agreement valid enforceable requires arbitration dispute arising contract commercial mobile services multichannel video programming distributor services telecommunications information services common carrier services communications act validity enforceability agreement arbitrate shall determined court federal law arbitrator irrespective party resisting arbitration challenges arbitration agreement specifically conjunction terms contract containing agreement bill apply contracts employer labor organization labor organizations arbitration provision shall waive right employee seek judicial enforcement right arising constitution state constitution federal state statute related public policy


Summary: Pechanga Band of Luiseno Mission Indians Land Transfer Act of 2007 - Transfers certain land in Riverside and San Diego counties, California, from the Bureau of Land Management (BLM) to the United States to be held in trust for the Pechanga Band of Luiseno Mission Indians. Prohibits such transfer from including the 12.82 acres of lands more or less, including the facilities, improvements, and appurtenances associated with the existing 230kV transmission line in San Diego County and its 300 foot corridor, which shall be sold by BLM for fair market value to the San Diego Gas & Electric Company not later than 30 days after the completion of the cadastral survey described in this Act.

pechanga band luiseno mission indians land transfer act transfers certain land riverside san_diego counties california bureau_of_land_management blm united_states held trust pechanga_band_of_luiseno_mission_indians prohibits transfer including acres lands including facilities improvements appurtenances associated existing transmission line san_diego_county foot corridor shall sold blm fair market value later days completion survey described act


Summary: Lumbee Recognition Act - Extends federal recognition to the Lumbee Tribe of North Carolina, as designated as petitioner number 65 by the Office of Federal Acknowledgment.Permits any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Tribe to petition for acknowledgment of tribal existence. Makes the Tribe and its members eligible for all services and benefits provided to Indians because of their status as members of a federally recognized tribe. Deems, for purposes of delivery of such services, those members of the Tribe residing in Robeson, Cumberland, Hoke, and Scotland Counties in North Carolina to be residing on or near an Indian reservation.Instructs the Secretary to treat fee lands which the Tribe seeks to convey to the United States to be held in trust as "on-reservation" trust acquisitions if such lands are located within Robeson County. Prohibits the Tribe from conducting gaming activities.Grants the state of North Carolina jurisdiction over all criminal offenses and all civil actions on lands within North Carolina that are owned by or held in trust for the Tribe or any independent Indian community of the Tribe. Authorizes the Secretary to accept any transfer by the state of any portion of the state's jurisdiction of such offenses and actions pursuant to an agreement between the Tribe and the state. Bars such transfer of jurisdiction from taking effect until two years after the effective date of the agreement. Authorizes appropriations.

lumbee recognition act extends federal recognition lumbee tribe north carolina designated petitioner number permits group indians robeson adjoining counties north_carolina members enrolled tribe petition acknowledgment tribal existence makes tribe members eligible services benefits provided indians status members federally recognized tribe deems purposes delivery services members tribe residing robeson cumberland hoke scotland_counties north_carolina residing near indian reservation instructs secretary treat fee lands tribe seeks convey united_states held trust reservation trust acquisitions lands located prohibits tribe conducting gaming activities grants state north_carolina jurisdiction criminal offenses civil actions lands north_carolina owned held trust tribe independent indian community tribe authorizes secretary accept transfer state portion state jurisdiction offenses actions pursuant agreement tribe state bars transfer jurisdiction taking effect years effective date agreement authorizes appropriations


Summary: Extends federal recognition to the Rappahannock Tribe, Inc., of Virginia. Makes the Tribe and its members eligible for all future services and benefits provided by the federal government to federally recognized tribes. Deems the Tribe's service area to be King and Queen, Caroline, and Essex, Spotsylvania, Stafford, and Richmond Counties, Virginia. Sets forth requirements for submission of a tribal membership roll and governing documents. Requires the Secretary to take into trust for the Tribe's benefit any other land within such counties the Tribe transfers to the Secretary. Provides that no land taken into trust for the Tribe's benefit shall be considered Indian lands for the purpose of the Indian Gaming Regulatory Act.

extends federal recognition virginia makes tribe members eligible future services benefits provided federal government federally recognized tribes deems tribe service area king caroline virginia sets forth requirements submission tribal membership roll governing documents requires secretary trust tribe benefit land counties tribe transfers secretary provides land taken trust tribe benefit shall considered indian lands purpose indian gaming regulatory act


Summary: Lower Brule and Crow Creek Tribal Compensation Act - Amends the Lower Brule Sioux Tribe Infrastructure Development Trust Fund Act to increase the aggregate amount to be deposited into the Lower Brule Sioux Tribe Infrastructure Development Trust Fund by the Secretary of the Treasury to provide compensation to the Lower Brule Tribe of South Dakota for damage to tribal land caused by Pick-Sloan projects along the Missouri River. Amends the Crow Creek Sioux Tribe Infrastructure Development Trust Fund Act of 1996 to increase the aggregate amount to be deposited into the Crow Creek Sioux Tribe Infrastructure Development Trust Fund by the Secretary to provide compensation to the Crow Creek Sioux Tribe of South Dakota for such damage. States that this Act shall be considered to be full and final compensation to the Lower Brule Sioux Tribe and the Crow Creek Sioux Tribe for damages caused by the construction of the Fort Randall Dam and the Big Bend Dam under the Pick-Sloan Missouri River Basin Program.

lower brule lower brule sioux tribe infrastructure development trust fund act increase aggregate deposited secretary treasury provide compensation damage tribal land caused pick-sloan projects missouri river amends crow creek sioux tribe infrastructure development trust fund act increase aggregate deposited crow creek sioux tribe infrastructure development trust fund secretary provide compensation crow creek sioux tribe south dakota damage states act shall considered final compensation lower_brule_sioux_tribe crow creek sioux tribe damages caused construction fort dam dam pick sloan missouri river basin program


Summary: Cheyenne River Sioux Tribe Equitable Compensation Amendments Act of 2007 - Amends the Cheyenne River Sioux Tribe Equitable Compensation Act to make member landowners eligible for the additional financial compensation provided to the Cheyenne River Sioux Tribe for the acquisition by the federal government of 104,492 acres of land of the Tribe and member landowners for the Oahe Dam and Reservoir project. Defines "member landowner" as a member of the Tribe (or an heir of such a member) that owned land on the Cheyenne River Sioux Reservation that was acquired by the United States for the Oahe Dam and Reservoir Project of the Pick-Sloan Missouri River Basin program. Directs the Secretary of the Treasury to make five annual deposits into the Cheyenne River Sioux Tribal Recovery Trust Fund. Rewrites requirements concerning the investment of the Trust Fund. Requires the investment of separate principal and interest accounts within such Fund. Instructs the Secretary of the Treasury: (1) to annually review with the Tribe the results of the investment activities and financial status of the Fund; and (2) if investing the Fund pursuant to such requirements is not practicable or would result in adverse consequences, to modify those requirements to the least extent necessary. Authorizes the plan prepared for the use of payments to the Tribe to provide for payment of additional compensation to member landowners. Requires the Secretary of the Interior to assist the Tribe in claims processing by providing any record requested to identify the heirs of member landowners within 90 days after receiving a request. Extinguishes all monetary claims of a member landowner or an heir of a member landowner against the United States for the taking by the United States of land or property of the Tribe for the Oahe Dam and Reservoir Project upon acceptance by such member landowner or heir of any payment by the Tribe for damages resulting from the taking.

amends cheyenne river sioux tribe equitable compensation act member landowners eligible additional financial compensation provided acquisition federal government acres land tribe member landowners reservoir project defines member landowner member tribe heir member owned land acquired united_states pick sloan missouri river_basin program directs secretary treasury annual deposits rewrites requirements concerning investment trust_fund requires investment separate principal interest accounts fund instructs secretary treasury annually review tribe results investment activities financial status fund investing fund pursuant requirements practicable result adverse consequences modify requirements extent necessary authorizes plan prepared use payments tribe provide payment additional compensation member landowners requires secretary interior assist tribe claims processing providing record requested identify heirs member landowners days receiving request extinguishes monetary claims member landowner heir member landowner united_states taking united_states land property tribe dam acceptance member landowner heir payment tribe damages resulting taking


Summary: Native Hawaiian Government Reorganization Act of 2007 - (Sec. 4) Reaffirms that: (1) the United States has a special political and legal relationship with Native Hawaiians; and (2) Native Hawaiians have the right to autonomy in their internal affairs, to self-determination and self-governance, to reorganize a Native Hawaiian governing entity, and to become economically self-sufficient.(Sec. 5) Establishes the U.S. Office for Native Hawaiian Relations within the Office of the Secretary of the Interior.(Sec. 6) Establishes the Native Hawaiian Interagency Coordinating Group to: (1) coordinate federal programs and policies that affect Native Hawaiians or federal actions that may significantly or uniquely affect their resources, rights, or lands; (2) consult with the Native Hawaiian governing entity; and (3) ensure the participation of each federal agency in the development of the Group's annual report to Congress.(Sec. 7) Recognizes the right of the Native Hawaiian people to reorganize the single Native Hawaiian governing entity to provide for their common welfare and to adopt appropriate organic governing documents. Establishes a commission to: (1) prepare and maintain a roll of the adult members of the Native Hawaiian community who elect to participate in such reorganization; and (2) certify that the members proposed for inclusion on the roll meet the definition of Native Hawaiian. Requires the Secretary to dissolve the Commission upon reaffirmation of the special political and legal relationship between the governing entity and the United States.Outlines the process for such reorganization. Authorizes formation of a Native Hawaiian Interim Governing Council, which may conduct a referendum among the Native Hawaiians listed on the roll to determine the proposed elements of the governing documents.Reaffirms the special political and legal relationship between the United States and the governing entity upon the Secretary's certification of the governing documents and the election of the entity's officers. Extends federal recognition to the entity as the representative governing body of the Native Hawaiian people. (Sec. 8) Reaffirms the delegation of authority to the state of Hawaii to address the conditions of Native Hawaiians.Authorizes the United States, upon the reaffirmation of such political and legal relationship, together with the state, to enter into negotiations with the governing entity to lead to an agreement addressing such matters as: (1) the transfer of lands, natural resources, and other assets and the protection of existing rights related to such lands or resources; (2) the exercise of governmental authority over any such land and assets; (3) the exercise of civil and criminal jurisdiction; (4) the delegation of governmental powers and authorities to the governing entity by the United States and the state; (5) any residual responsibilities of the United States and the state; and (6) grievances regarding assertions of historical wrongs committed against Native Hawaiians by the United States or the state.Authorizes the parties to the negotiations, upon agreement on matters negotiated with the United States, to submit proposed amendments to federal or state law.Requires any governmental authority or power to be exercised by the governing entity that is currently exercised by the state or federal governments to be exercised by the governing entity only as agreed to in negotiations and beginning on the date on which legislation to implement such agreement has been enacted by Congress or Hawaii. Declares that this Act does not establish authority for the recognition of Native Hawaiian groups other than the governing entity.(Sec. 9) Prohibits the governing entity and Native Hawaiians from conducting gaming activities as a matter of claimed inherent authority or under the authority of federal law.Prohibits the Secretary from taking land into trust on behalf of individuals or groups claiming to be Native Hawaiian or on behalf of the governing entity.Provides that this Act will result in the recognition of the single Native Hawaiian governing entity.

native hawaiian government reorganization act sec reaffirms united_states special political legal relationship native_hawaiians native hawaiians right autonomy internal affairs self determination self governance reorganize native hawaiian governing entity economically self establishes office_of_the_secretary establishes native hawaiian interagency coordinating group coordinate federal programs policies affect native hawaiians federal actions significantly uniquely affect resources rights lands consult native hawaiian governing entity ensure participation federal agency development group annual report recognizes right native hawaiian people reorganize single native hawaiian governing entity provide common welfare adopt appropriate organic governing documents establishes commission prepare maintain roll adult members native hawaiian community elect participate reorganization certify members proposed inclusion roll meet definition native hawaiian requires secretary dissolve commission reaffirmation special political legal relationship governing entity united_states outlines process reorganization authorizes formation native hawaiian interim governing council conduct referendum native hawaiians listed roll determine proposed elements governing documents reaffirms special political legal relationship united_states governing entity secretary certification governing documents election entity officers extends federal recognition entity representative governing body native hawaiian people sec reaffirms delegation authority state hawaii address conditions native_hawaiians authorizes united_states reaffirmation political legal relationship state enter negotiations governing entity lead agreement addressing matters transfer lands natural resources assets protection existing rights related lands resources exercise governmental authority land assets exercise civil criminal jurisdiction delegation governmental powers authorities governing entity united_states state residual responsibilities united_states state grievances assertions historical committed native hawaiians united_states state authorizes parties negotiations agreement matters negotiated united_states submit proposed amendments federal state law requires governmental authority power exercised governing entity currently exercised state federal governments exercised governing entity agreed negotiations beginning date legislation implement agreement enacted congress hawaii declares act establish authority recognition native hawaiian groups governing prohibits governing entity native hawaiians conducting gaming activities matter claimed inherent authority authority federal law prohibits secretary taking land trust behalf individuals groups claiming native hawaiian behalf governing entity provides act result recognition single native hawaiian governing entity


Summary: Native American Methamphetamine Enforcement and Treatment Act of 2007 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to include territories and Indian tribes as eligible grant recipients (or reaffirm that eligibility) under the programs to: (1) address the manufacture, sale, and use of methamphetamine; (2) aid children in homes in which methamphetamine or other drugs are unlawfully manufactured, distributed, dispensed, or used; and (3) address methamphetamine use by pregnant and parenting women offenders.

amends omnibus_crime_control_and_safe_streets_act include territories indian tribes eligible grant recipients reaffirm eligibility programs address manufacture sale use methamphetamine aid children homes methamphetamine drugs unlawfully manufactured distributed dispensed address methamphetamine use pregnant parenting women offenders


Summary: Restoring the Everglades, an American Legacy Act of 2007 - Authorizes the Secretary of the Army to carry out the project for ecosystem restoration, water supply, flood control, and protection of water quality, Indian River Lagoon, South Florida, at a specified total cost, in accordance with the recommendations of the report of the Chief of Engineers, dated August 6, 2004. Deauthorizes certain projects authorized under the Water Resources Development Act of 2000 and the Flood Control Act of 1968. Authorizes the Secretary of the Army to carry out the project for ecosystem restoration, Picayune Strand, Collier County, Florida, at a specified total cost in accordance with section 601 of Water Resources Development Act of 2000 (relating to the Comprehensive Everglades Restoration Plan) and the report of the Chief of Engineers, September 15, 2006.

restoring everglades american legacy act authorizes secretary army carry project ecosystem restoration water supply flood control protection water quality south florida specified total cost accordance recommendations report chief engineers dated august deauthorizes certain projects authorized water_resources_development_act flood_control_act authorizes secretary army carry project ecosystem restoration florida specified total cost accordance section water resources development act relating comprehensive everglades restoration plan report chief engineers september


Summary: Cocopah Lands Act - Provides that if the Cocopah Indian Tribe of Arizona transfers title to certain described land to the Secretary of the Interior, the Secretary shall take it into trust for the benefit of the Tribe, if there are no recognized environmental conditions or contamination related concerns and no adverse legal claims to it, including outstanding liens, mortgages, or taxes owed. Considers such land to be part of the Tribe's initial reservation. Designates Yuma county, Arizona, to be the Tribe's service area for the delivery of federal services to enrolled members of the Tribe. Prohibits its use for gaming under the Indian Gaming Regulatory Act.

lands act provides indian tribe arizona transfers title certain described land secretary interior secretary shall trust benefit tribe recognized environmental conditions contamination related concerns adverse legal claims including outstanding liens mortgages taxes owed considers land tribe initial reservation designates yuma_county arizona tribe service area delivery federal services enrolled members tribe prohibits use gaming indian gaming regulatory act


Summary: Waives application of the Indian Self Determination and Education Assistance Act to a specified parcel of real property transferred by the United States to the Confederated Tribes of Siletz Indians of Oregon and the Confederated Tribes of the Grand Ronde Community of Oregon. Prohibits Class II and Class III gaming under the Indian Gaming Regulatory Act on such real property.

waives application assistance act specified parcel real property transferred united_states confederated tribes siletz indians oregon confederated tribes grand ronde community oregon prohibits class class iii gaming indian gaming regulatory act real property


Summary: Hawaiian Homeownership Opportunity Act of 2007 - Amends the Native American Housing Assistance and Self-Determination Act of 1996 and the Housing and Community Development Act of 1992 to extend through FY2012 the authorization of appropriations for housing assistance for Native Americans and loan guarantees for Native Hawaiian housing.Amends the Native American Housing Assistance and Self-Determination Act of 1996 to: (1) make the Department of Hawaiian Home Lands of the state of Hawaii eligible for loan guarantees; and (2) extend through FY2012 the authorization of appropriations for the credit subsidy to cover the costs of federal guarantees for financing for tribal housing activities.

hawaiian homeownership opportunity act amends native american housing assistance self determination act housing_and_community_development_act extend fy2012 authorization appropriations housing assistance native americans loan guarantees native hawaiian housing amends native_american_housing_assistance self determination act state hawaii eligible loan guarantees extend fy2012 authorization appropriations credit subsidy cover costs federal guarantees financing tribal housing activities


Summary: Copper Valley Native Allotment Resolution Act of 2007 - Grants rights-of-way across specified Native allotments to the Copper Valley Electric Association for an electric transmission line. Declares this Act inapplicable to land owned by Ahtna, Inc. and any prior or current right-of-way agreements that may exist between Ahtna, Inc. and the Copper Valley Electric Association or Alaska. Prescribes compensation procedures. Authorizes appropriations.

grants rights way specified native allotments electric transmission line declares act inapplicable land owned prior current right way agreements exist alaska prescribes compensation procedures authorizes appropriations


Summary: Duwamish Tribal Recognition Act - Extends all federal laws and regulations to the Duwamish Tribe. Declares the Tribe and its members eligible for all services and benefits provided by the federal government to federally recognized tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any member on or near any Indian reservation. Defines the Tribe's service area for purposes of the delivery of federal services. Requires the Tribe to submit to the Secretary of the Interior a membership roll of all individuals enrolled in the Tribe. Requires the Tribe to conduct an election by secret ballot to adopt a constitution and bylaws for the Tribe. Requires the Tribe to elect a governing body in accordance with the procedures set forth in its constitution and bylaws. Requires the Secretary to take Tribe service area or aboriginal lands into trust for the benefit of the Tribe if the Tribe transfers all right, title, and interest in and to the land to the Secretary within ten years. Requires the Secretary of the Interior and the Secretary of Agriculture to identify those lands which shall be considered the aboriginal homelands of the Tribe.

duwamish tribal recognition act extends federal laws regulations duwamish tribe declares tribe members eligible services benefits provided federal government federally recognized tribes regard existence reservation tribe location residence member near indian reservation defines tribe service area purposes delivery federal services requires tribe submit secretary interior membership roll individuals enrolled tribe requires tribe conduct election secret ballot adopt constitution bylaws tribe requires tribe elect governing body accordance procedures set forth constitution bylaws requires secretary tribe service area aboriginal lands trust benefit tribe tribe transfers right title interest land secretary years requires secretary interior secretary agriculture identify lands shall considered aboriginal homelands tribe


Summary: Amends federal law to repeal the requirement regarding the freeze on the development of lands in litigation under the Navajo-Hopi Settlement Act of 1974.

amends federal law repeal requirement freeze development lands litigation navajo hopi settlement act


Summary: Amends the Carl D. Perkins Vocational and Technical Education Act of 1998 with respect to grants to tribally controlled postsecondary vocational and technical institutions that are not receiving federal support under the Tribally Controlled College or University Assistance Act of 1978 or the Navajo Community College Act to provide basic support for the education and training of Indian students. Revises the definition of "Indian student count" (essential to the formula for the determination of grant amounts).

amends carl perkins vocational technical education act respect grants tribally controlled postsecondary vocational technical institutions receiving federal support tribally_controlled_college university assistance act provide basic support education training indian students revises definition indian student count essential formula determination grant amounts


Summary: Amends the Indian Financing Act of 1974 with respect to loan guaranty and insurance to: (1) authorize the Secretary of the Interior to guarantee or insure loans to both for-profit and nonprofit borrowers; and (2) allow all or any portion of a guaranteed or insured loan, including its security, to be transferred by the lender by sale or assignment to any person, and be retransferred by the transferee.Allows a fiscal transfer agent to be compensated through any of the fees assessed and any interest earned on any funds or fees the agent has collected while the funds or fees are in the agent's control and before the time at which the agent is contractually required to transfer such funds to the Secretary or to transferees or other holders. Makes loans made by an eligible Community Development Finance Institution eligible for guaranty or insurance. Increases from $500 million to $1.5 billion the amount of loans the Bureau of Indian Affairs can have outstanding. .

amends indian financing act respect loan guaranty insurance authorize secretary interior guarantee insure loans profit nonprofit borrowers allow portion guaranteed insured loan including security transferred lender sale assignment person transferee allows fiscal transfer agent compensated fees assessed interest earned funds fees agent collected funds fees agent control time agent required transfer funds secretary transferees holders makes loans eligible eligible guaranty insurance increases million billion loans bureau_of_indian_affairs outstanding


Summary: Provides that any actual rental proceeds from the lease of land acquired with a Farmers Home Administration Direct Loan by an Indian tribe or tribal corporation certified by the Secretary of the Interior shall be deemed to: (1) constitute the rental value of that land; and (2) satisfy the requirement for appraisal of that land.

provides actual rental proceeds lease land acquired indian tribe tribal corporation certified secretary interior shall deemed constitute rental value land satisfy requirement appraisal land


Summary: National Fund for Excellence in American Indian Education Amendments Act of 2007 - Amends the Indian Self-Determination and Education Assistance Act with respect to the National Fund for Excellence in American Indian Education (Foundation). Requires the Foundation Board to appoint a chief operating officer for the Foundation separate from the Secretary of the Interior (who currently acts as chief operating officer). Places limitations on the administrative costs of the Foundation. Authorizes appropriations for FY2008-FY2010. Authorizes the Secretary to provide funds to pay the operating expenses of the Foundation.

amends indian self determination education assistance act respect foundation requires appoint chief operating officer foundation separate secretary interior currently acts chief operating officer places limitations administrative costs foundation authorizes appropriations fy2008 fy2010 authorizes secretary provide funds pay operating expenses foundation


Summary: Soboba Band of Luiseno Indians Settlement Act - Approves, ratifies, and confirms the Settlement Agreement entered into by the Soboba Band of Luiseno Indians (the Tribe) relating to alleged interferences with the water resources of the Tribe's reservation. Declares that the United States consents to be made a party to the lawsuit Soboba Band of Luiseno Indians v. Metropolitan Water District of Southern California No. 00-04208 GAF (MANx) pending in the U.S. District Court for the Central District of California, for the purpose of entering the judgment and decree attached to the Settlement Agreement as Exhibit H. Authorizes and directs the Secretary of the Interior (or the Secretary's designee) to execute and implement the Settlement Agreement and any amendments approved by the parties to the Agreement to make it consistent with this Act. Establishes the: (1) San Jacinto Basin Restoration Fund for costs associated with constructing and maintaining the part of the basin recharge project necessary to accommodate supplemental imported water deliveries; and (2) Soboba Band of Luiseno Indians Water Development Fund for costs associated with constructing and maintaining water-related development projects. Provides for waivers and releases of specified claims made by the Tribe. Sets forth rules concerning the Tribe's use of water under the Settlement Agreement. Requires the United States, as trustee for the Tribe, and the Tribe to make available up to 98 acres of the Tribe's reservation land for habitat conservation related to the part of the basin recharge project described above.

luiseno indians settlement act approves ratifies confirms settlement agreement entered tribe relating alleged water resources tribe reservation declares united_states consents party lawsuit luiseno indians metropolitan water district southern california pending california purpose entering judgment decree attached settlement agreement exhibit authorizes directs secretary interior secretary designee execute implement settlement agreement amendments approved parties agreement consistent act establishes costs associated constructing maintaining basin recharge project necessary accommodate supplemental imported water deliveries band luiseno indians water development fund costs associated constructing maintaining water related development projects provides waivers releases specified claims tribe sets forth rules concerning tribe use water settlement agreement requires united_states trustee tribe tribe available acres tribe reservation land habitat conservation related basin recharge project described