[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3021 Engrossed Amendment House (EAH)]
<DOC>
In the House of Representatives, U. S.,
September 13, 2018.
Resolved, That the bill from the Senate (S. 3021) entitled ``An Act
to designate the United States courthouse located at 300 South Fourth
Street in Minneapolis, Minnesota, as the `Diana E. Murphy United States
Courthouse'.'', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as ``America's Water
Infrastructure Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--WATER RESOURCES DEVELOPMENT
Sec. 101. Short title.
Sec. 102. Secretary defined.
Subtitle A--General Provisions
Sec. 1101. Sense of Congress regarding water resources development
bills.
Sec. 1102. Study of the future of the United States Army Corps of
Engineers.
Sec. 1103. Study on economic and budgetary analyses.
Sec. 1104. Dissemination of information.
Sec. 1105. Non-Federal engagement and review.
Sec. 1106. Lake Okeechobee regulation schedule review.
Sec. 1107. Access to real estate data.
Sec. 1108. Aquatic invasive species research.
Sec. 1109. Harmful algal bloom technology demonstration.
Sec. 1110. Bubbly Creek, Chicago ecosystem restoration.
Sec. 1111. Dredge pilot program.
Sec. 1112. Hurricane and storm damage protection program.
Sec. 1113. Operation and maintenance of existing infrastructure.
Sec. 1114. Assistance relating to water supply.
Sec. 1115. Property acquisition.
Sec. 1116. Dredged material management plans.
Sec. 1117. Inclusion of project or facility in Corps of Engineers
workplan.
Sec. 1118. Geomatic data.
Sec. 1119. Local government reservoir permit review.
Sec. 1120. Transparency and accountability in cost sharing for water
resources development projects.
Sec. 1121. Upper Missouri Mainstem Reservoir water withdrawal intake
easement review.
Sec. 1122. Limitation on contract execution.
Sec. 1123. Certain levee improvements.
Sec. 1124. Cost-share payment for certain projects.
Sec. 1125. Locks on Allegheny River.
Sec. 1126. Purpose and need.
Sec. 1127. Prior project authorization.
Sec. 1128. Mississippi River and Tributaries Project.
Sec. 1129. Inclusion of Tribal interests in project consultations.
Sec. 1130. Beneficial use of dredged material.
Sec. 1131. Ice jam prevention and mitigation.
Sec. 1132. Rehabilitation of Corps of Engineers constructed dams.
Sec. 1133. Columbia River.
Sec. 1134. Missouri River Reservoir sediment management.
Sec. 1135. Reauthorization of lock operations pilot program.
Sec. 1136. Credit or reimbursement.
Sec. 1137. Non-Federal implementation pilot program.
Sec. 1138. Surplus water contracts and water storage agreements.
Sec. 1139. Post-disaster watershed assessments in territories of the
United States.
Sec. 1140. Expedited consideration.
Sec. 1141. Project studies subject to independent peer review.
Sec. 1142. Feasibility of Chicago Sanitary and Ship Canal Dispersal
Barriers Project, Illinois.
Sec. 1143. Acknowledgment of credit.
Sec. 1144. Levee safety initiative reauthorization.
Sec. 1145. Funding to process permits.
Sec. 1146. Reservoir sediment.
Sec. 1147. Clarification for integral determination.
Sec. 1148. Beneficial use of dredged sediment.
Sec. 1149. Inclusion of alternative measures for aquatic ecosystem
restoration.
Sec. 1150. Regional sediment management.
Sec. 1151. Operation and maintenance of navigation and hydroelectric
facilities.
Sec. 1152. Study of water resources development projects by non-Federal
interests.
Sec. 1153. Construction of water resources development projects by non-
Federal interests.
Sec. 1154. Corps budgeting; project deauthorizations; comprehensive
backlog report.
Sec. 1155. Indian Tribes.
Sec. 1156. Inflation adjustment of cost-sharing provisions for
territories and Indian Tribes.
Sec. 1157. Corps of Engineers continuing authorities program.
Sec. 1158. Hurricane and storm damage reduction.
Sec. 1159. Regional coalitions and higher education.
Sec. 1160. Emergency response to natural disasters.
Sec. 1161. Cost and benefit feasibility assessment.
Sec. 1162. Extended community assistance by the Corps of Engineers.
Sec. 1163. Dam safety.
Sec. 1164. Local government water management plans.
Sec. 1165. Structures and facilities constructed by Secretary.
Sec. 1166. Advanced funds for water resources development studies and
projects.
Sec. 1167. Costs in excess of Federal participation limit.
Sec. 1168. Disposition of projects.
Sec. 1169. Contributed funds for non-Federal reservoir operations.
Sec. 1170. Watercraft inspection stations.
Sec. 1171. Restricted areas at Corps of Engineers dams.
Sec. 1172. Coastal erosion.
Sec. 1173. Prohibition on surplus water fees, Lake Cumberland
Watershed, Kentucky and Tennessee.
Sec. 1174. Middle Rio Grande peak flow restoration.
Sec. 1175. Prohibition of administrative fees in implementing Rough
River Lake Flowage Easement Encroachment
Resolution Plan.
Sec. 1176. Preconstruction engineering design demonstration program.
Subtitle B--Studies and Reports
Sec. 1201. Authorization of proposed feasibility studies.
Sec. 1202. Additional studies.
Sec. 1203. Expedited completion.
Sec. 1204. GAO study on benefit-cost analysis reforms.
Sec. 1205. Harbor Maintenance Trust Fund report.
Sec. 1206. Identification of nonpowered dams for hydropower
development.
Sec. 1207. Study on innovative ports for offshore wind development.
Sec. 1208. Innovative materials and advanced technologies report.
Sec. 1209. Study and report on expediting certain waiver processes.
Sec. 1210. Report on debris removal.
Sec. 1211. Corps flood policy within urban areas.
Sec. 1212. Feasibility studies for mitigation of damage.
Sec. 1213. Applications of military leasing authorities.
Sec. 1214. Community engagement.
Sec. 1215. Transparency in administrative expenses.
Sec. 1216. Assessment of harbors and inland harbors.
Sec. 1217. Maintenance of high-risk flood control projects.
Sec. 1218. North Atlantic Division report on hurricane barriers and
harbors of refuge.
Sec. 1219. Great Lakes coastal resiliency study.
Sec. 1220. McMicken Dam, Arizona, and Muddy River, Massachusetts.
Sec. 1221. Table Rock Lake, Arkansas and Missouri.
Sec. 1222. Forecast-informed reservoir operations.
Sec. 1223. Cedar River, Iowa.
Sec. 1224. Old River control structure, Louisiana.
Sec. 1225. Upper Mississippi River protection.
Sec. 1226. Missouri River.
Sec. 1227. Lower Missouri River bank stabilization and navigation.
Sec. 1228. Coastal Texas study.
Sec. 1229. Report on water supply contract, Wright Patman Lake, Texas.
Subtitle C--Deauthorizations, Modifications, and Related Provisions
Sec. 1301. Deauthorization of inactive projects.
Sec. 1302. Backlog prevention.
Sec. 1303. Project modifications.
Sec. 1304. Lytle and Cajon Creeks, California.
Sec. 1305. Yuba River Basin, California.
Sec. 1306. Bridgeport Harbor, Connecticut.
Sec. 1307. Delaware River navigation project.
Sec. 1308. Comprehensive Everglades restoration plan, Central and
Southern Florida, Everglades Agricultural
Area, Florida.
Sec. 1309. Kissimmee River restoration, Florida.
Sec. 1310. Levee L-212, Four River Basin, Ocklawaha River, Florida.
Sec. 1311. Green River and Barren River Locks and Dams, Kentucky.
Sec. 1312. Cape Arundel Disposal Site, Maine.
Sec. 1313. Penobscot River, Maine.
Sec. 1314. Boston harbor reserved channel deauthorizations.
Sec. 1315. Corps of Engineers bridge repair program for New England
evacuation routes.
Sec. 1316. Plymouth Harbor, Massachusetts.
Sec. 1317. Portsmouth Harbor and Piscataqua River.
Sec. 1318. Missouri River and tributaries at Kansas Cities, Missouri
and Kansas.
Sec. 1319. Hampton Harbor, New Hampshire, navigation improvement
project.
Sec. 1320. Passaic River Federal Navigation Channel, New Jersey.
Sec. 1321. Fargo-Moorhead Metropolitan Area Diversion Project, North
Dakota.
Sec. 1322. Clatsop County, Oregon.
Sec. 1323. Svensen Island, Oregon.
Sec. 1324. West Tennessee Tributaries project, Tennessee.
Sec. 1325. Puget Sound nearshore ecosystem restoration.
Sec. 1326. Milwaukee Harbor, Milwaukee, Wisconsin.
Sec. 1327. Project completion for disaster areas.
Sec. 1328. Federal assistance.
Sec. 1329. Expedited initiation.
Sec. 1330. Project deauthorization and study extensions.
Sec. 1331. Conveyances.
Sec. 1332. Report on future water resources development.
Subtitle D--Water Resources Infrastructure
Sec. 1401. Project authorizations.
Sec. 1402. Special rules.
Sec. 1403. Norfolk Harbor and Channels, Virginia.
TITLE II--DRINKING WATER SYSTEM IMPROVEMENT
Sec. 2001. Indian reservation drinking water program.
Sec. 2002. Clean, safe, reliable water infrastructure.
Sec. 2003. Study on intractable water systems.
Sec. 2004. Sense of Congress relating to access to nonpotable water.
Sec. 2005. Drinking water infrastructure resilience and sustainability.
Sec. 2006. Voluntary school and child care program lead testing grant
program enhancement.
Sec. 2007. Innovative water technology grant program.
Sec. 2008. Improved consumer confidence reports.
Sec. 2009. Contractual agreements.
Sec. 2010. Additional considerations for compliance.
Sec. 2011. Improved accuracy and availability of compliance monitoring
data.
Sec. 2012. Asset management.
Sec. 2013. Community water system risk and resilience.
Sec. 2014. Authorization for grants for State programs.
Sec. 2015. State revolving loan funds.
Sec. 2016. Authorization for source water petition programs.
Sec. 2017. Review of technologies.
Sec. 2018. Source water.
Sec. 2019. Report on Federal cross-cutting requirements.
Sec. 2020. Assistance for areas affected by natural disasters.
Sec. 2021. Monitoring for unregulated contaminants.
Sec. 2022. American iron and steel products.
Sec. 2023. Authorization for capitalization grants to States for State
drinking water treatment revolving loan
funds.
TITLE III--ENERGY
Sec. 3001. Modernizing authorizations for necessary hydropower
approvals.
Sec. 3002. Qualifying conduit hydropower facilities.
Sec. 3003. Promoting hydropower development at existing nonpowered
dams.
Sec. 3004. Closed-Loop pumped storage projects.
Sec. 3005. Considerations for relicensing terms.
Sec. 3006. Fair ratepayer accountability, transparency, and efficiency
standards.
Sec. 3007. J. Bennett Johnston Waterway hydropower extension.
Sec. 3008. Stay and Reinstatement of FERC License No. 11393 for the
Mahoney Lake Hydroelectric Project.
Sec. 3009. Strategic Petroleum Reserve drawdown.
TITLE IV--OTHER MATTERS
Subtitle A--Clean Water
Sec. 4101. Stormwater infrastructure funding task force.
Sec. 4102. Wastewater technology clearinghouse.
Sec. 4103. Technical assistance for treatment works.
Sec. 4104. Amendments to Long Island Sound programs.
Sec. 4105. Authorization of appropriations for Columbia river basin
restoration.
Sec. 4106. Sewer overflow control grants.
Sec. 4107. Assistance for individual household decentralized wastewater
systems of individuals with low or moderate
income.
Subtitle B--WIFIA Reauthorization and Innovative Financing for State
Loan Funds
Sec. 4201. WIFIA reauthorization and innovative financing for State
loan funds.
Subtitle C--Miscellaneous
Sec. 4301. Agreement with Commissioner of Reclamation.
Sec. 4302. Snake River Basin flood prevention action plan.
Sec. 4303. GAO audit of contracts and Tainter gate repairs of Harlan
County Dam.
Sec. 4304. Water infrastructure and workforce investment.
Sec. 4305. Regional liaisons for minority, Tribal, and low-income
communities.
Sec. 4306. WaterSense.
Sec. 4307. Predatory and other wild animals.
Sec. 4308. Klamath project water and power.
Sec. 4309. Certain Bureau of Reclamation dikes.
Sec. 4310. Authority to make entire active capacity of Fontenelle
Reservoir available for use.
Sec. 4311. Blackfeet water rights settlement.
Sec. 4312. Indian irrigation fund reauthorization.
Sec. 4313. Reauthorization of repair, replacement, and maintenance of
certain Indian irrigation projects.
Sec. 4314. Indian dam safety reauthorization.
Sec. 4315. Diana E. Murphy United States Courthouse.
TITLE I--WATER RESOURCES DEVELOPMENT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Water Resources Development Act of
2018''.
SEC. 102. SECRETARY DEFINED.
In this title, the term ``Secretary'' means the Secretary of the
Army.
Subtitle A--General Provisions
SEC. 1101. SENSE OF CONGRESS REGARDING WATER RESOURCES DEVELOPMENT
BILLS.
It is the sense of Congress that, because the missions of the Corps
of Engineers for navigation, flood control, beach erosion control and
shoreline protection, hydroelectric power, recreation, water supply,
environmental protection, restoration, and enhancement, and fish and
wildlife mitigation benefit all Americans, and because water resources
development projects are critical to maintaining the country's economic
prosperity, national security, and environmental protection, Congress
should consider a water resources development bill not less often than
once every Congress.
SEC. 1102. STUDY OF THE FUTURE OF THE UNITED STATES ARMY CORPS OF
ENGINEERS.
(a) In General.--The Secretary shall enter into an agreement with
the National Academy of Sciences to convene a committee of experts to
carry out a comprehensive study on--
(1) the ability of the Corps of Engineers to carry out its
statutory missions and responsibilities, and the potential
effects of transferring the functions (including regulatory
obligations), personnel, assets, and civilian staff
responsibilities of the Secretary relating to civil works from
the Department of Defense to a new or existing agency or
subagency of the Federal Government, including how such a
transfer might affect the Federal Government's ability to meet
the current statutory missions and responsibilities of the
Corps of Engineers; and
(2) improving the Corps of Engineers' project delivery
processes, including recommendations for such improvements,
taking into account factors including--
(A) the effect of the annual appropriations process
on the ability of the Corps of Engineers to efficiently
secure and carry out contracts for water resources
development projects and perform regulatory
obligations;
(B) the effect that the current Corps of Engineers
leadership and geographic structure at the division and
district levels has on its ability to carry out its
missions in a cost-effective manner; and
(C) the effect of the frequency of rotations of
senior leaders of the Corps of Engineers and how such
frequency affects the function of the district.
(b) Considerations.--The study carried out under subsection (a)
shall include consideration of--
(1) effects on the national security of the United States;
(2) the ability of the Corps of Engineers to maintain
sufficient engineering capability and capacity to assist
ongoing and future operations of the United States armed
services;
(3) emergency and natural disaster response obligations of
the Federal Government that are carried out by the Corps of
Engineers; and
(4) the ability of the Corps of Engineers to increase
efficiency, coordination, transparency, and cost savings of the
project delivery process.
(c) Submission to Congress.--The Secretary shall submit the final
report of the National Academy containing the findings of the study
carried out under subsection (a) to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate not later than 2 years after
the date of enactment of this Act.
(d) Congressional Approval.--The Secretary may not implement the
findings of the study carried out under subsection (a) unless expressly
authorized by Congress.
SEC. 1103. STUDY ON ECONOMIC AND BUDGETARY ANALYSES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall enter into an agreement with
the National Academy of Sciences to--
(1) carry out a study on the economic principles and
analytical methodologies currently used by or applied to the
Corps of Engineers to formulate, evaluate, and budget for water
resources development projects; and
(2) make recommendations to Congress on potential changes
to such principles and methodologies to improve transparency,
return on Federal investment, cost savings, and prioritization,
in the formulation, evaluation, and budgeting of such projects.
(b) Considerations.--The study under subsection (a) shall include--
(1) an analysis of the current economic principles and
analytical methodologies used by or applied to the Corps of
Engineers in determining the total benefits and total costs
during the formulation of, and plan selection for, a water
resources development project;
(2) an analysis of improvements or alternatives to how the
Corps of Engineers utilizes the National Economic Development,
Regional Economic Development, Environmental Quality, and Other
Social Effects accounts developed by the Institute for Water
Resources of the Corps of Engineers in the formulation of, and
plan selection for, such projects;
(3) an analysis of whether such principles and
methodologies fully account for all of the potential benefits
of project alternatives, including any reasonably associated
benefits of such alternatives that are not contrary to law,
Federal policy, or sound water resources management;
(4) an analysis of whether such principles and
methodologies fully account for all of the costs of project
alternatives, including potential societal costs, such as lost
ecosystem services, and full lifecycle costs for such
alternatives;
(5) an analysis of the methodologies utilized by the
Federal Government in setting and applying discount rates for
benefit-cost analyses used in the formulation, evaluation, and
budgeting of Corps of Engineers water resources development
projects;
(6) an analysis of whether or not the Corps of Engineers--
(A) considers cumulative benefits of locally
developed projects, including Master Plans approved by
the Corps; and
(B) uses the benefits referred to in subparagraph
(A) for purposes of benefit-cost analysis for project
justification for potential projects within such Master
Plans; and
(7) consideration of the report submitted under section
1204, if that report is submitted prior to completion of the
study under this section.
(c) Publication.--The agreement entered into under subsection (a)
shall require the National Academy of Sciences to, not later than 30
days after the completion of the study--
(1) submit a report containing the results of the study and
the recommendations to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(2) make a copy of such report available on a publicly
accessible website.
SEC. 1104. DISSEMINATION OF INFORMATION.
(a) Findings.--Congress finds the following:
(1) Congress plays a central role in identifying,
prioritizing, and authorizing vital water resources
infrastructure activities throughout the United States.
(2) The Water Resources Reform and Development Act of 2014
(Public Law 113-121) established a new and transparent process
to review and prioritize the water resources development
activities of the Corps of Engineers with strong congressional
oversight.
(3) Section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d) requires the
Secretary to develop and submit to Congress each year a Report
to Congress on Future Water Resources Development and, as part
of the annual report process, to--
(A) publish a notice in the Federal Register that
requests from non-Federal interests proposed
feasibility studies and proposed modifications to
authorized water resources development projects and
feasibility studies for inclusion in the report; and
(B) review the proposals submitted and include in
the report those proposed feasibility studies and
proposed modifications that meet the criteria for
inclusion established under such section 7001.
(4) Congress will use the information provided in the
annual Report to Congress on Future Water Resources Development
to determine authorization needs and priorities for purposes of
water resources development legislation.
(5) To ensure that Congress can gain a thorough
understanding of the water resources development needs and
priorities of the United States, it is important that the
Secretary take sufficient steps to ensure that non-Federal
interests are made aware of the new annual report process,
including the need for non-Federal interests to submit
proposals during the Secretary's annual request for proposals
in order for such proposals to be eligible for consideration by
Congress.
(b) Dissemination of Process Information.--The Secretary shall
develop, support, and implement education and awareness efforts for
non-Federal interests with respect to the annual Report to Congress on
Future Water Resources Development required under section 7001 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d),
including efforts to--
(1) develop and disseminate technical assistance materials,
seminars, and guidance on the annual process as it relates to
non-Federal interests;
(2) provide written notice to local elected officials and
previous and potential non-Federal interests on the annual
process and on opportunities to address local water resources
challenges through the missions and authorities of the Corps of
Engineers;
(3) issue guidance for non-Federal interests to assist such
interests in developing proposals for water resources
development projects that satisfy the requirements of such
section 7001; and
(4) provide, at the request of a non-Federal interest,
assistance with researching and identifying existing project
authorizations and Corps of Engineers decision documents.
SEC. 1105. NON-FEDERAL ENGAGEMENT AND REVIEW.
(a) Issuance.--The Secretary shall expeditiously issue guidance to
implement each covered provision of law in accordance with this
section.
(b) Public Notice.--
(1) In general.--Prior to developing and issuing any new or
revised implementation guidance for a covered water resources
development law, the Secretary shall issue a public notice
that--
(A) informs potentially interested non-Federal
stakeholders of the Secretary's intent to develop and
issue such guidance; and
(B) provides an opportunity for interested non-
Federal stakeholders to engage with, and provide input
and recommendations to, the Secretary on the
development and issuance of such guidance.
(2) Issuance of notice.--The Secretary shall issue the
notice under paragraph (1) through a posting on a publicly
accessible website dedicated to providing notice on the
development and issuance of implementation guidance for a
covered water resources development law.
(c) Stakeholder Engagement.--
(1) Input.--The Secretary shall allow a minimum of 60 days
after issuance of the public notice under subsection (b) for
non-Federal stakeholders to provide input and recommendations
to the Secretary, prior to finalizing implementation guidance
for a covered water resources development law.
(2) Outreach.--The Secretary may, as appropriate (as
determined by the Secretary), reach out to non-Federal
stakeholders and circulate drafts of implementation guidance
for a covered water resources development law for informal
input and recommendations.
(d) Submission.--The Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a copy of
all input and recommendations received pursuant to subsection (c) and a
description of any consideration of such input and recommendations.
(e) Development of Guidance.--When developing implementation
guidance for a covered water resources development law, the Secretary
shall take into consideration the input and recommendations received
from non-Federal stakeholders, and make the final guidance available to
the public on the publicly accessible website described in subsection
(b)(2).
(f) Definitions.--In this section:
(1) Covered provision of law.--The term ``covered provision
of law'' means a provision of law under the jurisdiction of the
Secretary contained in, or amended by, a covered water
resources development law, with respect to which--
(A) the Secretary determines guidance is necessary
in order to implement the provision; and
(B) no such guidance has been issued as of the date
of enactment of this Act.
(2) Covered water resources development law.--The term
``covered water resources development law'' means--
(A) the Water Resources Reform and Development Act
of 2014;
(B) the Water Resources Development Act of 2016;
(C) this Act; and
(D) any Federal water resources development law
enacted after the date of enactment of this Act.
SEC. 1106. LAKE OKEECHOBEE REGULATION SCHEDULE REVIEW.
The Secretary shall expedite completion of the Lake Okeechobee
regulation schedule to coincide with the completion of the Herbert
Hoover Dike project, and may consider all relevant aspects of the
Comprehensive Everglades Restoration Plan described in section 601 of
the Water Resources Development Act of 2000 (114 Stat. 2680).
SEC. 1107. ACCESS TO REAL ESTATE DATA.
(a) In General.--Using available funds, the Secretary shall make
publicly available, including on a publicly accessible website,
information on all Federal real estate assets in the United States that
are owned, operated, or managed by, or in the custody of, the Corps of
Engineers.
(b) Requirements.--
(1) In general.--The real estate information made available
under subsection (a) shall include--
(A) existing standardized real estate plat
descriptions of assets described in subsection (a); and
(B) existing geographic information systems and
geospatial information associated with such assets.
(2) Collaboration.--In making information available under
subsection (a), the Secretary shall consult with the
Administrator of General Services. Such information may be made
available, in whole or in part, in the Federal real property
database published under section 21 of the Federal Assets Sale
and Transfer Act of 2016 (Public Law 114-287), as determined
appropriate by the Administrator of General Services. Nothing
in this paragraph shall be construed as requiring the
Administrator of General Services to add additional data
elements or features to such Federal real property database if
such additions are impractical or would add additional costs to
such database.
(c) Limitation.--Nothing in this section shall compel or authorize
the disclosure of data or other information determined by the Secretary
to be confidential, privileged, national security information, personal
information, or information the disclosure of which is otherwise
prohibited by law.
(d) Timing.--The Secretary shall ensure that the implementation of
subsection (a) occurs as soon as practicable.
(e) Effect on Other Laws.--Nothing in this section shall be
construed as modifying, or exempting the Corps of Engineers from, the
requirements of the Federal real property database published under
section 21 of the Federal Assets Sale and Transfer Act of 2016 (Public
Law 114-287).
SEC. 1108. AQUATIC INVASIVE SPECIES RESEARCH.
(a) In General.--As part of the ongoing activities of the Engineer
Research and Development Center to address the spread and impacts of
aquatic invasive species, the Secretary shall undertake research on the
management and eradication of aquatic invasive species, including Asian
carp and zebra mussels.
(b) Locations.--In carrying out subsection (a), the Secretary shall
work with Corps of Engineers district offices representing diverse
geographical regions of the continental United States that are impacted
by aquatic invasive species, such as the Atlantic, Pacific, and Gulf
coasts and the Great Lakes.
(c) Report.--Not later than 180 days after the date of enactment of
this section, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
recommending a plan to address the spread and impacts of aquatic
invasive species.
SEC. 1109. HARMFUL ALGAL BLOOM TECHNOLOGY DEMONSTRATION.
(a) In General.--The Secretary, acting through the Engineer
Research and Development Center, shall implement a 5-year harmful algal
bloom technology development demonstration program under the Aquatic
Nuisance Research Program. To the extent practicable, the Secretary
shall support research that will identify and develop improved
strategies for early detection, prevention, and management techniques
and procedures to reduce the occurrence and effects of harmful algal
blooms in the Nation's water resources.
(b) Scalability Requirement.--The Secretary shall ensure that
technologies identified, tested, and deployed under the harmful algal
bloom technology development demonstration program have the ability to
scale up to meet the needs of harmful-algal-bloom-related events.
SEC. 1110. BUBBLY CREEK, CHICAGO ECOSYSTEM RESTORATION.
The Secretary shall enter into a memorandum of understanding with
the Administrator of the Environmental Protection Agency to facilitate
ecosystem restoration activities at the South Fork of the South Branch
of the Chicago River (commonly known as Bubbly Creek).
SEC. 1111. DREDGE PILOT PROGRAM.
(a) In General.--The Secretary is authorized to carry out a pilot
program to award contracts with a duration of up to 5 years for the
operation and maintenance of harbors and inland harbors referred to in
section 210(a)(2) of the Water Resources Development Act of 1986 (33
U.S.C. 2238(a)(2)).
(b) Scope.--In carrying out the pilot program under subsection (a),
the Secretary may award a contract described in such subsection, which
may address one or more harbors or inland harbors in a geographical
region, if the Secretary determines that the contract provides cost
savings compared to the awarding of such work on an annual basis or on
a project-by-project basis.
(c) Report to Congress.--Not later than 1 year after the date on
which the first contract is awarded pursuant to the pilot program
carried out under subsection (a), the Secretary shall submit to
Congress a report evaluating, with respect to the pilot program and any
contracts awarded under the pilot program--
(1) cost effectiveness;
(2) reliability and performance;
(3) cost savings attributable to mobilization and
demobilization of dredge equipment; and
(4) response times to address navigational impediments.
(d) Sunset.--The authority of the Secretary to enter into contracts
pursuant to the pilot program carried out under subsection (a), shall
expire on the date that is 10 years after the date of enactment of this
Act.
SEC. 1112. HURRICANE AND STORM DAMAGE PROTECTION PROGRAM.
(a) In General.--The Secretary is authorized to carry out a pilot
program to award single contracts for more than one authorized
hurricane and storm damage reduction project in a geographical region,
including projects across more than one Corps of Engineers district, if
the Secretary determines that the contract provides cost savings
compared to the awarding of such work on a project-by-project basis.
(b) Project Selection.--In carrying out the pilot program under
subsection (a), the Secretary shall consult with relevant State
agencies in selecting projects.
(c) Criteria.--In carrying out the pilot program under subsection
(a), the Secretary shall establish criteria and other considerations
that--
(1) foster Federal, State, and local collaboration;
(2) evaluate the performance of projects being carried out
under a single contract with respect to whether such projects
yield any regional or multi-district benefits; and
(3) include other criteria and considerations that the
Secretary determines to be appropriate.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that includes findings and recommendations of
the Secretary with respect to the projects completed under the pilot
program carried out under subsection (a).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $75,000,000.
(f) Termination.--The authority of the Secretary to enter into
contracts pursuant to the pilot program carried out under subsection
(a) shall expire on the date that is 10 years after the date of
enactment of this Act.
SEC. 1113. OPERATION AND MAINTENANCE OF EXISTING INFRASTRUCTURE.
The Secretary shall improve the reliability, and operation and
maintenance of, existing infrastructure of the Corps of Engineers, and,
as necessary, improve its resilience to cyber-related threats.
SEC. 1114. ASSISTANCE RELATING TO WATER SUPPLY.
The Secretary may provide assistance to municipalities the water
supply of which is adversely affected by construction carried out by
the Corps of Engineers.
SEC. 1115. PROPERTY ACQUISITION.
(a) In General.--In acquiring an interest in land, or requiring a
non-Federal interest to acquire an interest in land, the Secretary
shall, in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, first consider the minimum
interest in real property necessary to support the water resources
development project for which such interest is acquired.
(b) Determination.--In determining an interest in land under
subsection (a), the Secretary shall first consider a temporary easement
or other interest designed to reduce the overall cost of the water
resources development project for which such interest is acquired,
reduce the time to complete such project, and minimize conflict with
property owners related to such project.
(c) Procedures Used in State.--In carrying out subsection (a), the
Secretary shall consider, with respect to a State, the procedures that
the State uses to acquire, or require the acquisition of, interests in
land, to the extent that such procedures are generally consistent with
the goals of a project or action.
SEC. 1116. DREDGED MATERIAL MANAGEMENT PLANS.
(a) In General.--For purposes of dredged material management plans
initiated after the date of enactment of this Act, the Secretary shall
expedite the dredged material management plan process in order that
such plans make maximum use of existing information, studies, and
innovative dredged material management practices, and avoid any
redundant information collection and studies.
(b) Report.--Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit to Congress a report on how the
Corps of Engineers intends to meet the requirements of subsection (a).
SEC. 1117. INCLUSION OF PROJECT OR FACILITY IN CORPS OF ENGINEERS
WORKPLAN.
(a) In General.--The Secretary shall, to the maximum extent
practicable, include in the future workplan of the Corps any authorized
project or facility of the Corps of Engineers--
(1) that the Secretary has studied for disposition under an
existing authority, including by carrying out a disposition
study under section 216 of the Flood Control Act of 1970 (33
U.S.C. 549a); and
(2) for which a final report by the Director of Civil Works
has been completed.
(b) Notification to Committees.--Upon completion of a final report
referred to in subsection (a), the Secretary shall transmit a copy of
the report to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate.
SEC. 1118. GEOMATIC DATA.
(a) In General.--The Secretary shall develop guidance for the
acceptance and use of information obtained from a non-Federal interest
through geomatic techniques, including remote sensing and land
surveying, cartography, geographic information systems, global
navigation satellite systems, photogrammetry, or other remote means, in
carrying out any authority of the Secretary.
(b) Considerations.--In carrying out this section, the Secretary
shall ensure that use of information described in subsection (a) meets
the data quality and operational requirements of the Secretary.
(c) Savings Clause.--Nothing in this section--
(1) requires the Secretary to accept information that the
Secretary determines does not meet the guidance developed under
this section; or
(2) changes the current statutory or regulatory
requirements of the Corps of Engineers.
SEC. 1119. LOCAL GOVERNMENT RESERVOIR PERMIT REVIEW.
(a) In General.--During the 10-year period after the date of
enactment of this section, the Secretary shall expedite review of
applications for covered permits, if the permit applicant is a local
governmental entity with jurisdiction over an area for which--
(1) any portion of the water resources available to the
area served by the local governmental entity is polluted by
chemicals used at a formerly used defense site under the
jurisdiction of the Department of Defense that is undergoing
(or is scheduled to undergo) environmental restoration under
chapter 160 of title 10, United States Code; and
(2) mitigation of the pollution described in paragraph (1)
is ongoing.
(b) Covered Permit Defined.--In this section, the term ``covered
permit'' means a permit to be issued by the Secretary to modify a
reservoir owned or operated by the Secretary, with respect to which not
less than 80 percent of the water rights are held for drinking water
supplies, in order to accommodate projected water supply needs of an
area with a population of less than 80,000.
(c) Limitations.--Nothing in this section affects any obligation to
comply with the provisions of any Federal law, including--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(2) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.).
SEC. 1120. TRANSPARENCY AND ACCOUNTABILITY IN COST SHARING FOR WATER
RESOURCES DEVELOPMENT PROJECTS.
(a) Definition of Balance Sheet.--In this section, the term
``balance sheet'' means a document that describes--
(1) the funds provided by each Federal and non-Federal
interest for a water resources development project; and
(2) the status of those funds.
(b) Establishment of Balance Sheet.--Each district of the Corps of
Engineers shall, using the authority of the Secretary under section 10
of the Water Resources Development Act of 1988 (33 U.S.C. 2315)--
(1) maintain a balance sheet for each water resources
development project carried out by the Secretary for which a
non-Federal cost share is required; and
(2) on request of a non-Federal interest that provided
funds for the project, provide to the non-Federal interest a
copy of the balance sheet.
(c) Under-Budget Projects.--In the case of a water resources
development project carried out by the Secretary that is completed at a
cost less than the estimated cost, the Secretary shall transfer any
excess non-Federal funds to the non-Federal interest in accordance with
the cost-share requirement applicable to the project.
SEC. 1121. UPPER MISSOURI MAINSTEM RESERVOIR WATER WITHDRAWAL INTAKE
EASEMENT REVIEW.
(a) In General.--During the 10-year period beginning on the date of
enactment of this Act, the Secretary shall, to the maximum extent
practicable, expedite the review of applications for a covered
easement.
(b) Process.--In carrying out this section, the Secretary shall
develop an application to obtain a covered easement that requires an
applicant for a covered easement to submit information that includes--
(1) all permissible locations for the proposed easement;
(2) the corresponding dimensions of the proposed easement;
(3) the methods of installation of the water withdrawal
intakes; and
(4) any other information that the Secretary may require to
complete the review.
(c) Response.--Not later than 30 days after the date on which the
Secretary receives an application under subsection (b), the Secretary
shall seek to provide to the applicant a written notification that
states--
(1) whether the application is complete; and
(2) if the application is not complete, what information is
needed for the application to be complete.
(d) Determination.--To the maximum extent practicable, not later
than 120 days after the date on which the Secretary receives a complete
application for a covered easement, the Secretary shall approve or deny
the application for the covered easement.
(e) Covered Easement Defined.--In this section, the term ``covered
easement'' means an easement necessary to access Federal land under the
control of the Secretary for the placement of water withdrawal intakes
in the Upper Missouri Mainstem Reservoirs that does not otherwise
involve the alteration or modification of any structures or facilities
located on that Federal land, other than those owned by the non-Federal
interest.
(f) Limitations.--Nothing in this section affects any obligation to
comply with the provisions of any Federal law, including--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(2) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.).
SEC. 1122. LIMITATION ON CONTRACT EXECUTION.
(a) Limitation.--For any new covered contract entered into during
the period beginning on the date of enactment of this Act and ending on
December 31, 2020, any local governmental entity that is a party to a
covered contract entered into before such period shall be required to
pay not more than 110 percent of the contractual rate per acre-foot in
effect under the most recent such covered contract.
(b) Covered Contract.--In this section, the term ``covered
contract'' means a contract between a local governmental entity and the
Secretary for water supply storage in a nonhydropower lake within the
Verdigris River Basin.
SEC. 1123. CERTAIN LEVEE IMPROVEMENTS.
(a) In General.--Notwithstanding section 211 of the Water Resources
Development Act of 2000 (31 U.S.C. 6505 note), the Secretary, at the
request of a local government, is authorized to provide technical
services, on a reimbursable basis, to the local government to assess
the reasons a federally constructed levee owned or operated by the
local government is not accredited by the Federal Emergency Management
Agency.
(b) Federal Levees.--In carrying out this section, in a case in
which a levee owned and operated by the Secretary is hydraulically tied
to a levee described in subsection (a), the Secretary is encouraged to
cooperate, to the maximum extent practicable, with the relevant local
governmental entities in assessing the reasons the levee described in
subsection (a) is not accredited.
(c) Limitation.--Nothing in this section--
(1) affects the responsibilities of a local government to
operate and maintain its flood control infrastructure; or
(2) obligates the Secretary to expend additional Federal
resources on levees owned and operated by the Secretary.
SEC. 1124. COST-SHARE PAYMENT FOR CERTAIN PROJECTS.
The Secretary shall, subject to the availability of appropriations,
pay the outstanding balance of the Federal cost share for any project
carried out under section 593 of the Water Resources Development Act of
1999 (113 Stat. 380).
SEC. 1125. LOCKS ON ALLEGHENY RIVER.
The Corps of Engineers may consider, in making funding
determinations with respect to the operation and maintenance of locks
on the Allegheny River--
(1) recreational boat traffic levels; and
(2) related economic benefits.
SEC. 1126. PURPOSE AND NEED.
(a) Purpose and Need Statements.--
(1) In general.--Not later than 90 days after the date of
receipt of a complete application for a water storage project,
the District Engineer shall develop and provide to the
applicant a purpose and need statement that describes--
(A) whether the District Engineer concurs with the
assessment of the purpose of and need for the water
storage project proposed by the applicant; and
(B) in any case in which the District Engineer does
not concur as described in subparagraph (A), an
assessment by the District Engineer of the purpose of
and need for the project.
(2) Effect on environmental impact statements.--No
environmental impact statement or environmental assessment
required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) shall substantially commence with
respect to a water storage project until the date on which the
District Engineer provides to the applicant a purpose and need
statement as required under paragraph (1).
(b) Appeals Request.--A non-Federal interest may use the
administrative appeals process described in part 331 of title 33, Code
of Federal Regulations (or any succeeding regulation), in relation to a
decision of the Secretary related to an application for a water storage
project.
SEC. 1127. PRIOR PROJECT AUTHORIZATION.
In any case in which a project under the jurisdiction of the
Secretary is budgeted under a different business line than the business
line under which the project was originally authorized, the Secretary
shall ensure that the project is carried out in accordance with any
requirements that apply to the business line under which the project
was originally authorized.
SEC. 1128. MISSISSIPPI RIVER AND TRIBUTARIES PROJECT.
(a) In General.--After any flood event requiring operation or
activation of any floodway or backwater feature within the Mississippi
River and Tributaries Project through natural overtopping of a Federal
levee or artificial crevassing of a Federal levee to relieve pressure
on the levees elsewhere in the system, the Secretary shall
expeditiously reset and restore the damaged floodway's levees.
(b) Consultation.--In carrying out subsection (a), the Secretary
shall provide an opportunity for consultation with affected
communities.
(c) Mississippi River and Tributaries Project.--The term
``Mississippi River and Tributaries Project'' means the Mississippi
River and Tributaries project authorized by the Act of May 15, 1928
(Chap. 569; 45 Stat. 534).
SEC. 1129. INCLUSION OF TRIBAL INTERESTS IN PROJECT CONSULTATIONS.
(a) Report Required.--As soon as practicable following the date of
enactment of this Act, the Secretary shall submit the report required
under section 1120(a)(3) of the Water Resources Development Act of 2016
(130 Stat. 1643).
(b) Consultation.--The Secretary shall ensure that all existing
Tribal consultation policies, regulations, and guidance continue to be
implemented, and that consultations with Federal and State agencies and
Indian Tribes required for a water resources development project are
carried out.
SEC. 1130. BENEFICIAL USE OF DREDGED MATERIAL.
Section 1122 of the Water Resources Development Act of 2016 (33
U.S.C. 2326 note) is amended--
(1) in subsection (b)(1), by striking ``10'' and inserting
``20''; and
(2) in subsection (g), by striking ``10'' and inserting
``20''.
SEC. 1131. ICE JAM PREVENTION AND MITIGATION.
Section 1150(c) of the Water Resources Development Act of 2016 (33
U.S.C. 701s note) is amended--
(1) in paragraph (1)--
(A) by striking ``During fiscal years 2017 through
2022, the Secretary'' and inserting ``The Secretary'';
and
(B) by striking ``10 projects'' and inserting ``20
projects''; and
(2) in paragraph (2)--
(A) by striking ``shall ensure'' and inserting the
following : ``shall--
``(A) ensure'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(B) select not fewer than one project to be
carried out on a reservation (as defined in section 3
of the Indian Financing Act of 1974) that serves more
than one Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance
Act).''.
SEC. 1132. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED DAMS.
Section 1177 of the Water Resources Development Act of 2016 (33
U.S.C. 467f-2 note) is amended--
(1) in subsection (e), by striking ``$10,000,000'' and
inserting ``$40,000,000''; and
(2) in subsection (f), by striking ``$10,000,000'' and
inserting ``$40,000,000''.
SEC. 1133. COLUMBIA RIVER.
(a) Bonneville Dam, Oregon.--
(1) In general.--The Secretary, in consultation with the
Secretary of the Interior, shall examine and assess the extent
to which Indians (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304))
have been displaced as a result of the construction of the
Bonneville Dam, Oregon, as authorized by the first section of
the Act of August 30, 1935 (49 Stat. 1032) and the first
section and section 2(a) of the Act of August 20, 1937 (16
U.S.C. 832, 832a(a)).
(2) Inclusion.--The examination and assessment under
paragraph (1) may include assessments relating to housing and
related facilities.
(3) Assistance.--If the Secretary determines, based on the
examination and assessment under paragraph (1), that assistance
is required or needed, the Secretary may use all existing
authorities of the Secretary, including under this Act, to
provide assistance to Indians who have been displaced as a
result of the construction of the Bonneville Dam, Oregon.
(4) Tribal assistance.--Section 1178(c)(1)(A) of the Water
Resources Development Act of 2016 (130 Stat. 1675) is amended
by striking ``Upon the request of the Secretary of the
Interior, the Secretary may provide assistance'' and inserting
``The Secretary, in consultation with the Secretary of the
Interior, may provide assistance''.
(b) John Day Dam, Washington and Oregon.--
(1) In general.--The Secretary, in consultation with the
Secretary of the Interior, shall examine and assess the extent
to which Indians (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304))
have been displaced as a result of the construction of the John
Day Dam, Oregon, as authorized by section 204 of the Flood
Control Act of 1950 (64 Stat. 179).
(2) Inclusion.--The examination and assessment under
paragraph (1) may include--
(A) assessments relating to housing and related
facilities; and
(B) the study required by section 1178(c)(2) of the
Water Resources Development Act of 2016 (130 Stat.
1675).
(3) Assistance.--If the Secretary determines, based on the
examination and assessment under paragraph (1), that assistance
is required or needed, the Secretary may use all existing
authorities of the Secretary, including under this Act, to
provide assistance to Indians who have been displaced as a
result of the construction of the John Day Dam, Oregon.
(c) Dalles Dam, Washington and Oregon.--
(1) In general.--The Secretary, in consultation with the
Secretary of the Interior, shall complete and carry out a
village development plan for any Indian village submerged as a
result of the construction of the Dalles Dam, Columbia River,
Washington and Oregon, as authorized by section 204 of the
Flood Control Act of 1950 (64 Stat. 179).
(2) Assistance.--The Secretary may acquire land from
willing land owners in carrying out a village development plan
under paragraph (1).
(3) Requirements.--A village development plan completed
under paragraph (1) shall include, at a minimum, an estimated
cost and tentative schedule for the construction of a
replacement village.
SEC. 1134. MISSOURI RIVER RESERVOIR SEDIMENT MANAGEMENT.
Section 1179(a) of the Water Resources Development Act of 2016 (130
Stat. 1675) is amended--
(1) by redesignating paragraphs (4) through (8) as
paragraphs (5) through (9), respectively;
(2) by inserting after paragraph (3) the following:
``(4) Prioritization of sediment management plans.--In
carrying out the pilot project under this subsection, the
Secretary shall give priority to developing and implementing
sediment management plans that affect reservoirs that cross
State lines.''; and
(3) in paragraph (8) (as so redesignated)--
(A) by redesignating subparagraph (B) as
subparagraph (D); and
(B) by striking subparagraph (A) and inserting the
following:
``(A) In general.--The Secretary shall carry out
the pilot program established under this subsection in
partnership with the Secretary of the Interior, and the
program shall apply to reservoirs managed or owned by
the Bureau of Reclamation.
``(B) Memorandum of agreement.--For sediment
management plans that apply to a reservoir managed or
owned by the Bureau of Reclamation under subparagraph
(A), the Secretary and the Secretary of the Interior
shall execute a memorandum of agreement establishing
the framework for a partnership and the terms and
conditions for sharing expertise and resources.
``(C) Payments.--The Secretary is authorized to
accept and expend funds from the Secretary of the
Interior to complete any work under this paragraph at a
reservoir managed or owned by the Bureau of
Reclamation.''.
SEC. 1135. REAUTHORIZATION OF LOCK OPERATIONS PILOT PROGRAM.
Section 1017(f) of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 2212 note) is amended by striking ``5 years'' and
inserting ``10 years''.
SEC. 1136. CREDIT OR REIMBURSEMENT.
(a) In General.--Section 1022 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2225) is amended to read as follows:
``SEC. 1022. CREDIT OR REIMBURSEMENT.
``(a) Requests for Credits.--With respect to an authorized flood
damage reduction project, or separable element thereof, that has been
constructed by a non-Federal interest under section 211 of the Water
Resources Development Act of 1996 (33 U.S.C. 701b-13), or an authorized
coastal navigation project that has been constructed by the Corps of
Engineers pursuant to section 11 of the Act of March 3, 1925, before
the date of enactment of the Water Resources Development Act of 2018,
the Secretary may provide to the non-Federal interest, at the request
of the non-Federal interest, a credit in an amount equal to the
estimated Federal share of the cost of the project or separable
element, in lieu of providing to the non-Federal interest a
reimbursement in that amount or reimbursement of funds of an equivalent
amount, subject to the availability of appropriations.
``(b) Application of Credits.--At the request of the non-Federal
interest, the Secretary may apply all or a portion of such credit to
the share of the cost of the non-Federal interest of carrying out other
flood damage reduction and coastal navigation projects or studies.
``(c) Application of Reimbursement.--At the request of the non-
Federal interest, the Secretary may apply such funds, subject to the
availability of appropriations, equal to the share of the cost of the
non-Federal interest of carrying out other flood damage reduction and
coastal navigation projects or studies.''.
(b) Clerical Amendment.--The table of contents contained in section
1(b) of the Water Resources Reform and Development Act of 2014 (128
Stat. 1193) is amended by striking the item relating to section 1022
and inserting the following:
``Sec. 1022. Credit or reimbursement.''.
SEC. 1137. NON-FEDERAL IMPLEMENTATION PILOT PROGRAM.
Section 1043(b) of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 2201 note) is amended--
(1) in paragraph (3)(A)(i)--
(A) in the matter preceding subclause (I)--
(i) by striking ``15'' and inserting
``20''; and
(ii) by striking ``prior to the date of
enactment of this Act'';
(B) in subclause (I)--
(i) in the matter preceding item (aa), by
inserting ``that have been authorized for
construction prior to the date of enactment of
this Act and'' after ``not more than 12
projects''; and
(ii) in item (bb), by striking ``; and''
and inserting a semicolon;
(C) in subclause (II)--
(i) by inserting ``that have been
authorized for construction prior to the date
of enactment of this Act and'' after ``not more
than 3 projects''; and
(ii) by striking the semicolon and
inserting ``; and''; and
(D) by adding at the end the following:
``(III) not more than 5 projects
that have been authorized for
construction, but did not receive the
authorization prior to the date of
enactment of this Act;''; and
(2) in paragraph (8), by striking ``2015 through 2019'' and
inserting ``2019 through 2023''.
SEC. 1138. SURPLUS WATER CONTRACTS AND WATER STORAGE AGREEMENTS.
Section 1046(c) of the Water Resources Reform and Development Act
of 2014 (128 Stat. 1254) is amended--
(1) in paragraph (1)--
(A) by striking ``shall not charge a fee'' and
inserting the following: ``shall not--
``(A) charge a fee'';
(B) by striking ``Reservoirs.'' and inserting
``Reservoirs; or''; and
(C) by adding at the end the following:
``(B) assess a water storage fee with respect to
any water storage in the Upper Missouri Mainstem
Reservoirs.''; and
(2) in paragraph (3), by striking ``10'' and inserting
``12''.
SEC. 1139. POST-DISASTER WATERSHED ASSESSMENTS IN TERRITORIES OF THE
UNITED STATES.
Section 3025 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2267b) is amended by adding at the end the following:
``(e) Assessments in Territories of the United States.--
``(1) In general.--For any major disaster declared in a
territory of the United States before the date of enactment of
this subsection, all activities in the territory carried out or
undertaken pursuant to the authorities described in this
section shall be conducted at full Federal expense unless the
President determines that the territory has the ability to pay
the cost share for an assessment under this section without the
use of loans.
``(2) Territory defined.--In this subsection, the term
`territory of the United States' means an insular area
specified in section 1156(a)(1) of the Water Resources
Development Act of 1986 (33 U.S.C. 2310(a)(1)).''.
SEC. 1140. EXPEDITED CONSIDERATION.
Section 7004(b)(4) of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1374) is amended by striking ``December 31,
2018'' and inserting ``December 31, 2024''.
SEC. 1141. PROJECT STUDIES SUBJECT TO INDEPENDENT PEER REVIEW.
Section 2034(h)(2) of the Water Resources Development Act of 2007
(33 U.S.C. 2343(h)(2)) is amended by striking ``12 years'' and
inserting ``17 years''.
SEC. 1142. FEASIBILITY OF CHICAGO SANITARY AND SHIP CANAL DISPERSAL
BARRIERS PROJECT, ILLINOIS.
Section 3061(d) of the Water Resources Development Act of 2007
(Public Law 110-114; 121 Stat. 1121) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) Operation and maintenance.--Operation and maintenance
of any project authorized to be carried out pursuant to the
feasibility study identified in paragraph (1) shall be carried
out at 80 percent Federal expense and 20 percent non-Federal
expense.
``(3) Consultation.--After construction of any project
authorized to be carried out pursuant to the feasibility study
identified in paragraph (1), the Secretary shall consult with
the Governor of the State in which the project is constructed
before any control technologies not included in the Chief's
Report are implemented.''.
SEC. 1143. ACKNOWLEDGMENT OF CREDIT.
Section 7007(a) of the Water Resources Development Act of 2007 (121
Stat. 1277; 128 Stat. 1226) is amended by adding at the end the
following: ``Notwithstanding section 221(a)(4)(C)(i) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)(C)(i)), the Secretary may
provide credit for work carried out during the period beginning on
November 8, 2007, and ending on the date of enactment of the Water
Resources Development Act of 2018 by the non-Federal interest for a
project under this title if the Secretary determines that the work is
integral to the project and was carried out in accordance with the
requirements of subchapter 4 of chapter 31, and chapter 37, of title
40, United States Code.''.
SEC. 1144. LEVEE SAFETY INITIATIVE REAUTHORIZATION.
Title IX of the Water Resources Development Act of 2007 (33 U.S.C.
3301 et seq.) is amended--
(1) in section 9005(g)(2)(E)(i), by striking ``2015 through
2019'' and inserting ``2019 through 2023''; and
(2) in section 9008, by striking ``2015 through 2019'' each
place it appears and inserting ``2019 through 2023''.
SEC. 1145. FUNDING TO PROCESS PERMITS.
Section 214(a) of the Water Resources Development Act of 2000 (33
U.S.C. 2352(a)) is amended--
(1) by striking paragraph (3) and redesignating paragraphs
(4) and (5) as paragraphs (3) and (4), respectively; and
(2) in paragraph (4), as so redesignated--
(A) by striking ``4 years after the date of
enactment of this paragraph'' and inserting ``December
31, 2022''; and
(B) by striking ``carry out a study'' and inserting
``carry out a followup study''.
SEC. 1146. RESERVOIR SEDIMENT.
Section 215 of the Water Resources Development Act of 2000 (33
U.S.C. 2326c) is amended--
(1) in subsection (a)--
(A) by striking ``the date of enactment of the
Water Resources Development Act of 2016'' and inserting
``the date of enactment of the Water Resources
Development Act of 2018''; and
(B) by striking ``shall establish, using available
funds, a pilot program to accept'' and inserting
``shall, using available funds, accept'';
(2) in subsection (b)--
(A) in paragraph (2), by adding ``and'' at the end;
(B) in paragraph (3), by striking ``; and'' at the
end and inserting a period; and
(C) by striking paragraph (4); and
(3) by striking subsection (f) and inserting the following:
``(f) Report to Congress.--Not later than 3 years after the date of
enactment of the Water Resources Development Act of 2018, the Secretary
shall submit to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a report describing the results of the program
under this section.''.
SEC. 1147. CLARIFICATION FOR INTEGRAL DETERMINATION.
Section 601(e)(5) of the Water Resources Development Act of 2000
(Public Law 106-541) is amended--
(1) in subparagraph (B)(i)--
(A) in subclause (II), by striking ``; or'' and
inserting a semicolon; and
(B) by inserting after subclause (III) the
following:
``(IV) the credit is provided for work
carried out by the non-Federal sponsor in the
implementation of an authorized project
implementation report, and such work was
defined in an agreement between the Secretary
and the non-Federal sponsor prior to the
execution of such work; or
``(V) the credit is provided for any work
carried out by the non-Federal sponsor, as
agreed to by the District Commander and non-
Federal sponsor in a written agreement (which
may include an electronic agreement) prior to
such work being carried out by the non-Federal
sponsor;'';
(2) in subparagraph (B), by amending clause (iii) to read
as follows:
``(iii) the Secretary determines that the
work performed by the non-Federal sponsor--
``(I) is integral to the project;
and
``(II) was carried out in
accordance with the requirements of
subchapter 4 of chapter 31, and chapter
37, of title 40, United States Code.'';
(3) by redesignating subparagraphs (C) through (E) as
subparagraphs (D) through (F), respectively; and
(4) by inserting after subparagraph (B) the following:
``(C) Timing.--In any case in which the Secretary
approves credit under subparagraph (B), in a written
agreement (which may include an electronic agreement)
with the non-Federal sponsor, the Secretary shall
provide such credit for work completed under an
agreement that prescribes the terms and conditions for
the in-kind contributions.''.
SEC. 1148. BENEFICIAL USE OF DREDGED SEDIMENT.
(a) In General.--In carrying out a project for the beneficial reuse
of sediment to reduce storm damage to property under section 204 of the
Water Resources Development Act of 1992 (33 U.S.C. 2326) that involves
only a single application of sediment, the Secretary may grant a
temporary easement necessary to facilitate the placement of sediment,
if the Secretary determines that granting a temporary easement is in
the interest of the United States.
(b) Limitation.--If the Secretary grants a temporary easement under
subsection (a) with respect to a project, that project shall no longer
be eligible for future placement of sediment under section 204 of the
Water Resources Development Act of 1992 (33 U.S.C. 2326).
SEC. 1149. INCLUSION OF ALTERNATIVE MEASURES FOR AQUATIC ECOSYSTEM
RESTORATION.
(a) Inclusion of Alterative Measures for Aquatic Ecosystem
Restoration.--Section 206 of the Water Resources Development Act of
1996 (33 U.S.C. 2230) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Use of Natural and Nature-Based Features.--In carrying out a
project to restore and protect an aquatic ecosystem or estuary under
subsection (a), the Secretary shall consider, and may include, with the
consent of the non-Federal interest, a natural feature or nature-based
feature, as such terms are defined in section 1184 of the Water
Resources Development Act of 2016, if the Secretary determines that
inclusion of such features is consistent with the requirements of
subsection (a).''.
(b) Amendment to Definition.--Section 1184(a)(2) of the Water
Resources Development Act of 2016 (33 U.S.C. 2289a(a)(2)) is amended by
striking ``in coastal areas''.
(c) Natural Infrastructure.--In carrying out a feasibility report
developed under section 905 of the Water Resources Development Act of
1986 (33 U.S.C. 2282) for a project for flood risk management or
hurricane and storm damage risk reduction, the Secretary shall consider
the use of both traditional and natural infrastructure alternatives,
alone or in conjunction with each other, if those alternatives are
practicable.
SEC. 1150. REGIONAL SEDIMENT MANAGEMENT.
Section 204(a)(1)(A) of the Water Resources Development Act of 1992
(33 U.S.C. 2326(a)(1)(A)) is amended by inserting ``including a project
authorized for flood control,'' after ``an authorized Federal water
resources project,''.
SEC. 1151. OPERATION AND MAINTENANCE OF NAVIGATION AND HYDROELECTRIC
FACILITIES.
(a) In General.--Section 314 of the Water Resources Development Act
of 1990 (33 U.S.C. 2321) is amended--
(1) in the heading by inserting ``navigation and'' before
``hydroelectric facilities'';
(2) in the first sentence, by striking ``Activities
currently performed'' and inserting the following:
``(a) In General.--Activities currently performed'';
(3) in subsection (a) (as designated by paragraph (2)), by
inserting ``navigation or'' before ``hydroelectric'';
(4) in the second sentence, by striking ``This section''
and inserting the following:
``(b) Major Maintenance Contracts Allowed.--This section''; and
(5) by adding at the end the following:
``(c) Exclusion.--This section does not--
``(1) apply to a navigation facility that was under
contract on or before the date of enactment of this subsection
with a non-Federal interest to perform operations or
maintenance; and
``(2) prohibit the Secretary from contracting out
commercial activities after the date of enactment of this
subsection at a navigation facility.''.
(b) Clerical Amendment.--The table of contents contained in section
1(b) of the Water Resources Development Act of 1990 (104 Stat. 4604) is
amended by striking the item relating to section 314 and inserting the
following:
``Sec. 314. Operation and maintenance of navigation and hydroelectric
facilities.''.
SEC. 1152. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL
INTERESTS.
Section 203 of the Water Resources Development Act of 1986 (33
U.S.C. 2231) is amended--
(1) in subsection (a)(1), by inserting ``federally
authorized'' before ``feasibility study'';
(2) by amending subsection (c) to read as follows:
``(c) Submission to Congress.--
``(1) Review and submission of studies to congress.--Not
later than 180 days after the date of receipt of a feasibility
study of a project under subsection (a)(1), the Secretary shall
submit to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report that describes--
``(A) the results of the Secretary's review of the
study under subsection (b), including a determination
of whether the project is feasible;
``(B) any recommendations the Secretary may have
concerning the plan or design of the project; and
``(C) any conditions the Secretary may require for
construction of the project.
``(2) Limitation.--The completion of the review by the
Secretary of a feasibility study that has been submitted under
subsection (a)(1) may not be delayed as a result of
consideration being given to changes in policy or priority with
respect to project consideration.''; and
(3) by amending subsection (e) to read as follows:
``(e) Review and Technical Assistance.--
``(1) Review.--The Secretary may accept and expend funds
provided by non-Federal interests to undertake reviews,
inspections, certifications, and other activities that are the
responsibility of the Secretary in carrying out this section.
``(2) Technical assistance.--At the request of a non-
Federal interest, the Secretary shall provide to the non-
Federal interest technical assistance relating to any aspect of
a feasibility study if the non-Federal interest contracts with
the Secretary to pay all costs of providing such technical
assistance.
``(3) Limitation.--Funds provided by non-Federal interests
under this subsection shall not be eligible for credit under
subsection (d) or reimbursement.
``(4) Impartial decisionmaking.--In carrying out this
section, the Secretary shall ensure that the use of funds
accepted from a non-Federal interest will not affect the
impartial decisionmaking of the Secretary, either substantively
or procedurally.
``(5) Savings provision.--The provision of technical
assistance by the Secretary under paragraph (2)--
``(A) shall not be considered to be an approval or
endorsement of the feasibility study; and
``(B) shall not affect the responsibilities of the
Secretary under subsections (b) and (c).''.
SEC. 1153. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-
FEDERAL INTERESTS.
Section 204 of the Water Resources Development Act of 1986 (33
U.S.C. 2232) is amended--
(1) in subsection (b)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by inserting ``federally authorized''
before ``water resources development project'';
(B) in paragraph (2)(A), by inserting ``, except as
provided in paragraph (3)'' before the semicolon; and
(C) by adding at the end the following:
``(3) Permit exception.--
``(A) In general.--For a project described in
subsection (a)(1) or subsection (a)(3), or a separable
element thereof, with respect to which a written
agreement described in subparagraph (B) has been
entered into, a non-Federal interest that carries out a
project under this section shall not be required to
obtain any Federal permits or approvals that would not
be required if the Secretary carried out the project or
separable element unless significant new circumstances
or information relevant to environmental concerns or
compliance have arisen since development of the project
recommendation.
``(B) Written agreement.--For purposes of this
paragraph, a written agreement shall provide that the
non-Federal interest shall comply with the same legal
and technical requirements that would apply if the
project or separable element were carried out by the
Secretary, including all mitigation required to offset
environmental impacts of the project or separable
element as determined by the Secretary.
``(C) Certifications.--Notwithstanding subparagraph
(A), if a non-Federal interest carrying out a project
under this section would, in the absence of a written
agreement entered into under this paragraph, be
required to obtain a certification from a State under
Federal law to carry out the project, such
certification shall still be required if a written
agreement is entered into with respect to the project
under this paragraph.
``(4) Data sharing.--
``(A) In general.--If a non-Federal interest for a
water resources development project begins to carry out
that water resources development project under this
section, the non-Federal interest may request that the
Secretary transfer to the non-Federal interest all
relevant data and documentation under the control of
the Secretary with respect to that water resources
development project.
``(B) Deadline.--Except as provided in subparagraph
(C), the Secretary shall transfer the data and
documentation requested by a non-Federal interest under
subparagraph (A) not later than the date that is 90
days after the date on which the non-Federal interest
so requests such data and documentation.
``(C) Limitation.--Nothing in this paragraph
obligates the Secretary to share any data or
documentation that the Secretary considers to be
proprietary information.'';
(2) by amending subsection (c) to read as follows:
``(c) Studies and Engineering.--
``(1) In general.--When requested by an appropriate non-
Federal interest, the Secretary shall undertake all necessary
studies, engineering, and technical assistance on construction
for any project to be undertaken under subsection (b), and
provide technical assistance in obtaining all necessary permits
for the construction, if the non-Federal interest contracts
with the Secretary to furnish the United States funds for the
studies, engineering, or technical assistance on construction
in the period during which the studies, engineering, or
technical assistance on construction are being conducted.
``(2) No waiver.--Nothing in this section may be construed
to waive any requirement of section 3142 of title 40, United
States Code.
``(3) Limitation.--Funds provided by non-Federal interests
under this subsection shall not be eligible for credit or
reimbursement under subsection (d).
``(4) Impartial decisionmaking.--In carrying out this
section, the Secretary shall ensure that the use of funds
accepted from a non-Federal interest will not affect the
impartial decisionmaking of the Secretary, either substantively
or procedurally.''; and
(3) in subsection (d)--
(A) in paragraph (3)--
(i) in subparagraph (A), by striking ``;
and'' and inserting a semicolon;
(ii) in subparagraph (B)(ii), by striking
the period at the end and inserting ``; and'';
and
(iii) by adding at the end the following:
``(C) in the case of reimbursement, appropriations
are provided by Congress for such purpose.''; and
(B) in paragraph (5)--
(i) by striking ``flood damage reduction''
each place it appears and inserting ``water
resources development'';
(ii) in subparagraph (A), by striking ``for
a discrete segment of a'' and inserting ``for
carrying out a discrete segment of a federally
authorized''; and
(iii) in subparagraph (D), in the matter
preceding clause (i), by inserting ``to be
carried out'' after ``project''.
SEC. 1154. CORPS BUDGETING; PROJECT DEAUTHORIZATIONS; COMPREHENSIVE
BACKLOG REPORT.
(a) In General.--Section 1001 of the Water Resources Development
Act of 1986 (33 U.S.C. 579a) is amended--
(1) by striking the section designator and all that follows
through ``Any project'' and inserting the following:
``SEC. 1001. CORPS BUDGETING; PROJECT DEAUTHORIZATIONS; COMPREHENSIVE
BACKLOG REPORT.
``(a) Any project''; and
(2) in subsection (b), by striking paragraphs (3) and (4)
and inserting the following:
``(3) Comprehensive construction backlog and operation and
maintenance report.--
``(A) In general.--The Secretary, once every 2
years, shall compile and publish--
``(i) a complete list of all projects and
separable elements of projects of the Corps of
Engineers that are authorized for construction
but have not been completed;
``(ii) a complete list of all feasibility
studies of the Corps of Engineers that Congress
has authorized the Secretary to carry out for
which a Report of the Chief of Engineers has
not been issued;
``(iii) a complete list of all
environmental infrastructure projects
authorized by Congress under section 219 of the
Water Resources Development Act of 1992 (106
Stat. 4835); and
``(iv) a list of major Federal operation
and maintenance needs of projects and
properties under the control of the Corps of
Engineers.
``(B) Required information.--The Secretary shall
include on each list developed under clause (i), (ii),
or (iii) of subparagraph (A) for each feasibility
study, project, and separable element on that list--
``(i) the date of authorization of the
feasibility study, project, or separable
element, including any subsequent modifications
to the original authorization;
``(ii) the original budget authority for
the feasibility study, project, or separable
element;
``(iii) a brief description of the
feasibility study, project, or separable
element;
``(iv) the estimated date of completion of
the feasibility study, project, or separable
element, assuming all capability is fully
funded;
``(v) the estimated total cost of
completion of the feasibility study, project,
or separable element;
``(vi) the amount of funds spent on the
feasibility study, project, or separable
element, including Federal and non-Federal
funds;
``(vii) the amount of appropriations
estimated to be required in each fiscal year
during the period of construction to complete
the project or separable element by the date
specified under clause (iv);
``(viii) the location of the feasibility
study, project, or separable element;
``(ix) a statement from the non-Federal
interest for the project or separable element
indicating the non-Federal interest's
capability to provide the required local
cooperation estimated to be required for the
project or separable element in each fiscal
year during the period of construction;
``(x) the benefit-cost ratio of the project
or separable element, calculated using the
discount rate specified by the Office of
Management and Budget for purposes of preparing
the President's budget pursuant to chapter 11
of title 31, United States Code;
``(xi) the benefit-cost ratio of the
project or separable element, calculated using
the discount rate utilized by the Corps of
Engineers for water resources development
project planning pursuant to section 80 of the
Water Resources Development Act of 1974 (42
U.S.C. 1962d-17); and
``(xii) the last fiscal year in which the
project or separable element incurred
obligations.
``(C) Required operation and maintenance
information.--The Secretary shall include on the list
developed under subparagraph (A)(iv), for each project
and property under the control of the Corps of
Engineers on that list--
``(i) the authority under which the project
was authorized or the property was acquired by
the Corps of Engineers;
``(ii) a brief description of the project
or property;
``(iii) an estimate of the Federal costs to
meet the major operation and maintenance needs
at the project or property; and
``(iv) an estimate of unmet or deferred
operation and maintenance needs at the project
or property.
``(D) Publication.--
``(i) In general.--For fiscal year 2020,
and once every 2 years thereafter, in
conjunction with the President's annual budget
submission to Congress under section 1105(a) of
title 31, United States Code, the Secretary
shall submit a copy of the lists developed
under subparagraph (A) to--
``(I) the Committee on Environment
and Public Works and the Committee on
Appropriations of the Senate and the
Committee on Transportation and
Infrastructure and the Committee on
Appropriations of the House of
Representatives; and
``(II) the Director of the Office
of Management and Budget.
``(ii) Public availability.--The Secretary
shall make a copy of the lists available on a
publicly accessible website site in a manner
that is downloadable, searchable, and
sortable.''.
(b) Budgetary Evaluation Metrics and Transparency.--Beginning in
fiscal year 2020, in the formulation of the annual budget request for
the U.S. Army Corps of Engineers (Civil Works) pursuant to section
1105(a) of title 31, United States Code, the President shall ensure
that such budget request--
(1) aligns the assessment of the potential benefit-cost
ratio for budgeting water resources development projects with
that used by the Corps of Engineers during project plan
formulation and evaluation pursuant to section 80 of the Water
Resources Development Act of 1974 (42 U.S.C. 1962d-17); and
(2) demonstrates the transparent criteria and metrics
utilized by the President in the evaluation and selection of
water resources development projects included in such budget
request.
(c) Public Participation.--In the development of, or any proposed
major substantive modification to, a proposed budget for water
resources development projects, the Secretary, through each District
shall, not less frequently than annually--
(1) provide to non-Federal interests and other interested
stakeholders information on the proposed budget for projects or
substantive modifications to project budgets within each
District's jurisdiction;
(2) hold multiple public meetings to discuss the budget for
projects within each District's jurisdiction; and
(3) provide to non-Federal interests the opportunity to
collaborate with District personnel for projects within each
District's jurisdiction--
(A) to support information sharing; and
(B) to the maximum extent practicable, to share in
concept development and decisionmaking to achieve
complementary or integrated solutions to problems.
SEC. 1155. INDIAN TRIBES.
(a) Cost Sharing Provisions for Territories and Indian Tribes.--
Section 1156(a)(2) of the Water Resources Development Act of 1986 (33
U.S.C. 2310(a)(2)) is amended by striking ``(as defined'' and all that
follows through the period at the end and inserting ``or tribal
organization (as those terms are defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5304)).''.
(b) Written Agreement Requirement for Water Resources Projects.--
Section 221(b)(1) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b(b)(1)) is amended by striking ``(including a'' and all that follows
through ``; or'' at the end and inserting ``(including an Indian tribe
and a tribal organization (as those terms are defined in section 4 of
the Indian Self-Determination and Education Assistance Act (25 U.S.C.
5304)); or''.
SEC. 1156. INFLATION ADJUSTMENT OF COST-SHARING PROVISIONS FOR
TERRITORIES AND INDIAN TRIBES.
Section 1156(b) of the Water Resources Development Act of 1986 (33
U.S.C. 2310(b)) is amended by striking ``the date of enactment of this
subsection'' and inserting ``the date of enactment of the Water
Resources Development Act of 2018''.
SEC. 1157. CORPS OF ENGINEERS CONTINUING AUTHORITIES PROGRAM.
(a) Storm and Hurricane Restoration and Impact Minimization
Program.--Section 3(c)(1) of the Act of August 13, 1946 (33 U.S.C.
426g(c)(1)) is amended by striking ``$30,000,000'' and inserting
``$37,500,000''.
(b) Small River and Harbor Improvement Projects.--Section 107(a) of
the River and Harbor Act of 1960 (33 U.S.C. 577(a)) is amended by
striking ``$50,000,000'' and inserting ``$62,500,000''.
(c) Shore Damage Prevention or Mitigation.--Section 111(c) of the
River and Harbor Act of 1968 (33 U.S.C. 426i(c)) is amended by striking
``$10,000,000'' and inserting ``$12,500,000''.
(d) Regional Sediment Management.--Section 204(g) of the Water
Resources Development Act of 1992 (33 U.S.C. 2326(g)) is amended in the
first sentence by striking ``$50,000,000'' and inserting
``$62,500,000''.
(e) Small Flood Control Projects.--Section 205 of the Flood Control
Act of 1948 (33 U.S.C. 701s) is amended in the first sentence by
striking ``$55,000,000'' and inserting ``$68,750,000''.
(f) Aquatic Ecosystem Restoration.--Section 206(f) of the Water
Resources Development Act of 1996 (as redesignated by section 1149) is
amended by striking ``$50,000,000'' and inserting ``$62,500,000''.
(g) Project Modifications for Improvement of Environment.--Section
1135(h) of the Water Resources Development Act of 1986 (33 U.S.C.
2309a(h)) is amended by striking ``$40,000,000'' and inserting
``$50,000,000''.
(h) Emergency Streambank and Shoreline Protection.--Section 14 of
the Flood Control Act of 1946 (33 U.S.C. 701r) is amended by striking
``$20,000,000'' and inserting ``$25,000,000''.
(i) Tribal Partnership Program.--Section 203(b)(4) of the Water
Resources Development Act of 2000 (33 U.S.C. 2269) is amended to read
as follows:
``(4) Design and construction.--
``(A) In general.--The Secretary may carry out the
design and construction of a water resources
development project, or separable element of a project,
described in paragraph (1) that the Secretary
determines is feasible if the Federal share of the cost
of the project or separable element is not more than
$12,500,000.
``(B) Specific authorization.--If the Federal share
of the cost of the project or separable element
described in subparagraph (A) is more than $12,500,000,
the Secretary may only carry out the project or
separable element if Congress enacts a law authorizing
the Secretary to carry out the project or separable
element.''.
SEC. 1158. HURRICANE AND STORM DAMAGE REDUCTION.
Section 156 of the Water Resources Development Act of 1976 (42
U.S.C. 1962d-5f) is amended--
(1) in subsection (b)--
(A) by striking ``Notwithstanding'' and inserting
the following:
``(1) In general.--Notwithstanding''; and
(B) by adding at the end the following:
``(2) Timing.--The 15 additional years provided under
paragraph (1) shall begin on the date of initiation of
construction of congressionally authorized nourishment.''; and
(2) in subsection (e), by striking ``5 year-period'' and
inserting ``10-year period''.
SEC. 1159. REGIONAL COALITIONS AND HIGHER EDUCATION.
Section 22(a) of the Water Resources Development Act of 1974 (42
U.S.C. 1962d-16(a)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Comprehensive plans.--The Secretary of the Army,
acting through the Chief of Engineers, is authorized to
cooperate with any State, group of States, non-Federal interest
working with a State or group of States, or regional coalition
of governmental entities in the preparation of comprehensive
plans for the development, utilization, and conservation of the
water and related resources of drainage basins, watersheds, or
ecosystems located within the boundaries of such State,
interest, or entity, including plans to comprehensively address
water resources challenges, and to submit to Congress reports
and recommendations with respect to appropriate Federal
participation in carrying out such plans.''; and
(2) by adding at the end the following:
``(3) Institution of higher education.--Notwithstanding
section 236 of title 10, United States Code, in carrying out
this subsection, the Secretary may work with an institution of
higher education, as determined appropriate by the
Secretary.''.
SEC. 1160. EMERGENCY RESPONSE TO NATURAL DISASTERS.
Section 5(a)(1) of the Act of August 18, 1941 (33 U.S.C.
701n(a)(1)) is amended in the first sentence--
(1) by striking ``strengthening, raising, extending, or
other modification thereof'' and inserting ``strengthening,
raising, extending, realigning, or other modification
thereof''; and
(2) by striking ``structure or project damaged or destroyed
by wind, wave, or water action of other than an ordinary nature
to the design level of protection when, in the discretion of
the Chief of Engineers,'' and inserting ``structure or project
damaged or destroyed by wind, wave, or water action of other
than an ordinary nature to either the pre-storm level or the
design level of protection, whichever provides greater
protection, when, in the discretion of the Chief of
Engineers,''.
SEC. 1161. COST AND BENEFIT FEASIBILITY ASSESSMENT.
(a) Cost Benefit and Special Conditions.--Section 5(a) of the Act
of August 18, 1941 (33 U.S.C. 701n(a)), as amended by this Act, is
further amended by striking paragraph (2) and inserting the following:
``(2) Cost and benefit feasibility assessment.--
``(A) Consideration of benefits.--In preparing a
cost and benefit feasibility assessment for any
emergency project described in paragraph (1), the Chief
of Engineers shall consider the benefits to be gained
by such project for the protection of--
``(i) residential establishments;
``(ii) commercial establishments, including
the protection of inventory; and
``(iii) agricultural establishments,
including the protection of crops.
``(B) Special conditions.--
``(i) Authority to carry out work.--The
Chief of Engineers may carry out repair or
restoration work described in paragraph (1)
that does not produce benefits greater than the
cost if--
``(I) the non-Federal sponsor
agrees to pay an amount sufficient to
make the remaining costs of the project
equal to the estimated value of the
benefits of the repair or restoration
work; and
``(II) the Secretary determines
that--
``(aa) the damage to the
structure was not a result of
negligent operation or
maintenance; and
``(bb) repair of the
project could benefit another
Corps project.
``(ii) Treatment of payments.--Non-Federal
payments pursuant to clause (i) shall be in
addition to any non-Federal payments required
by the Chief of Engineers that are applicable
to the remaining costs of the repair or
restoration work.''.
(b) Continued Eligibility.--Notwithstanding a non-Federal flood
control work's status in the Rehabilitation and Inspection Program
carried out pursuant to section 5 of the Act of August 18, 1941 (33
U.S.C. 701n), any unconstructed emergency project for the non-Federal
flood control work that was formulated during the three fiscal years
preceding the fiscal year in which this Act was enacted but that was
determined to not produce benefits greater than costs shall remain
eligible for assistance under such section 5 until the last day of the
third fiscal year following the fiscal year in which this Act was
enacted if--
(1) the non-Federal sponsor agrees, in accordance with such
section 5, as amended by this Act, to pay an amount sufficient
to make the remaining costs of the project equal to the
estimated value of the benefits of the repair or restoration
work; and
(2) the Secretary determines that--
(A) the damage to the structure was not as a result
of negligent operation or maintenance; and
(B) repair of the project could benefit another
Corps project.
SEC. 1162. EXTENDED COMMUNITY ASSISTANCE BY THE CORPS OF ENGINEERS.
Section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)), as
amended by this Act, is further amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Extended assistance.--Upon request by a locality
receiving assistance under the fourth sentence of paragraph
(1), the Secretary shall, subject to the availability of
appropriations, enter into an agreement with the locality to
provide such assistance beyond the time period otherwise
provided for by the Secretary under such sentence.''.
SEC. 1163. DAM SAFETY.
Section 14 of the National Dam Safety Program Act (33 U.S.C. 467j)
is amended by striking ``2015 through 2019'' each place it appears and
inserting ``2019 through 2023''.
SEC. 1164. LOCAL GOVERNMENT WATER MANAGEMENT PLANS.
With the consent of the non-Federal interest for a feasibility
study for a water resources development project, the Secretary may
enter into a written agreement under section 221(a) of the Flood
Control Act of 1970, with a unit of local government in the watershed
that has adopted a local or regional water management plan, to allow
the unit of local government to participate in the feasibility study to
determine if there is an opportunity to include additional feasible
elements in the project in order to help achieve the purposes
identified in the local or regional water management plan.
SEC. 1165. STRUCTURES AND FACILITIES CONSTRUCTED BY SECRETARY.
Section 14 of the Act of March 3, 1899 (33 U.S.C. 408) is amended
by adding at the end the following:
``(d) Work Defined.--For the purposes of this section, the term
`work' shall not include unimproved real estate owned or operated by
the Secretary as part of a water resources development project if the
Secretary determines that modification of such real estate would not
affect the function and usefulness of the project.''.
SEC. 1166. ADVANCED FUNDS FOR WATER RESOURCES DEVELOPMENT STUDIES AND
PROJECTS.
(a) Contributions by States and Political Subdivisions for
Immediate Use on Authorized Flood-Control Work; Repayment.--The Act of
October 15, 1940 (33 U.S.C. 701h-1) is amended--
(1) by striking ``a flood-control project duly adopted and
authorized by law'' and inserting ``a federally authorized
water resources development project,'';
(2) by striking ``such work'' and inserting ``such
project'';
(3) by striking ``from appropriations which may be provided
by Congress for flood-control work'' and inserting ``if
appropriations are provided by Congress for such purpose''; and
(4) by adding at the end the following: ``For purposes of
this Act, the term `State' means the several States, the
District of Columbia, the commonwealths, territories, and
possessions of the United States, and Indian tribes (as defined
in section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304(e))).''.
(b) No Adverse Effect on Processes.--In implementing any provision
of law that authorizes a non-Federal interest to provide, advance, or
contribute funds to the Secretary for the development or implementation
of a water resources development project (including sections 203 and
204 of the Water Resources Development Act of 1986 (33 U.S.C. 2231,
2232), section 5 of the Act of June 22, 1936 (33 U.S.C. 701h), and the
Act of October 15, 1940 (33 U.S.C. 701h-1)), the Secretary shall
ensure, to the maximum extent practicable, that the use by a non-
Federal interest of such authorities does not adversely affect--
(1) the process or timeline for development and
implementation of other water resources development projects by
other non-Federal entities that do not use such authorities; or
(2) the process for including such projects in the
President's annual budget submission to Congress under section
1105(a) of title 31, United States Code.
(c) Advances by Private Parties; Repayment.--Section 11 of the Act
of March 3, 1925 (Chapter 467; 33 U.S.C. 561) is repealed.
SEC. 1167. COSTS IN EXCESS OF FEDERAL PARTICIPATION LIMIT.
Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r), as
amended by this Act, is further amended by inserting ``, and if such
amount is not sufficient to cover the costs included in the Federal
cost share for a project, as determined by the Secretary, the non-
Federal interest shall be responsible for any such costs that exceed
such amount'' before the period at the end.
SEC. 1168. DISPOSITION OF PROJECTS.
(a) In General.--In carrying out a disposition study for a project
of the Corps of Engineers, or a separable element of such a project,
including a disposition study under section 216 of the Flood Control
Act of 1970 (33 U.S.C. 549a), the Secretary shall consider
modifications that would improve the overall quality of the environment
in the public interest, including removal of the project or separable
element of a project.
(b) Disposition Study Transparency.--The Secretary shall carry out
disposition studies described in subsection (a) in a transparent
manner, including by--
(1) providing opportunities for public input; and
(2) publishing the final disposition studies.
(c) Removal of Infrastructure.--For disposition studies described
in subsection (a) in which the Secretary determines that a Federal
interest no longer exists, and makes a recommendation of removal of the
project or separable element of a project, the Secretary is authorized,
using existing authorities, to pursue removal of the project or
separable element of a project in partnership with other Federal
agencies and non-Federal entities with appropriate capabilities to
undertake infrastructure removal.
SEC. 1169. CONTRIBUTED FUNDS FOR NON-FEDERAL RESERVOIR OPERATIONS.
Section 5 of the Act of June 22, 1936 (33 U.S.C. 701h), is amended
by inserting after ``authorized purposes of the project:'' the
following: ``Provided further, That the Secretary is authorized to
receive and expend funds from an owner of a non-Federal reservoir to
formulate, review, or revise operational documents for any non-Federal
reservoir for which the Secretary is authorized to prescribe
regulations for the use of storage allocated for flood control or
navigation pursuant to section 7 of the Act of December 22, 1944 (33
U.S.C. 709):''.
SEC. 1170. WATERCRAFT INSPECTION STATIONS.
Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) is
amended--
(1) by amending subsection (b) to read as follows:
``(b) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $110,000,000 for each fiscal year, of
which--
``(A) $30,000,000 shall be made available to carry
out subsection (d)(1)(A)(i);
``(B) $30,000,000 shall be made available to carry
out subsection (d)(1)(A)(ii); and
``(C) $30,000,000 shall be made available to carry
out subsection (d)(1)(A)(iii).
``(2) Control operations.--Any funds made available under
paragraph (1) to be used for control operations shall be
allocated by the Chief of Engineers on a priority basis, based
on the urgency and need of each area and the availability of
local funds.''; and
(2) in subsection (d)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--
``(A) Watercraft inspection stations.--In carrying
out this section, the Secretary shall establish (as
applicable), operate, and maintain new or existing
watercraft inspection stations--
``(i) to protect the Columbia River Basin;
``(ii) to protect the Upper Missouri River
Basin; and
``(iii) to protect the Upper Colorado River
Basin and the South Platte and Arizona River
Basins.
``(B) Locations.--The Secretary shall establish
watercraft inspection stations under subparagraph (A)
at locations with the highest likelihood of preventing
the spread of aquatic invasive species at reservoirs
operated and maintained by the Secretary, as determined
by the Secretary in consultation with States within the
areas described in subparagraph (A).
``(C) Rapid response.--The Secretary shall assist
States within the areas described in subparagraph (A)
with rapid response to any aquatic invasive species,
including quagga or zebra mussel, infestation.''; and
(B) by amending paragraph (3)(A) to read as
follows:
``(A) the Governors of the States within the areas
described in each of clauses (i) through (iii) of
paragraph (1)(A), as applicable;''.
SEC. 1171. RESTRICTED AREAS AT CORPS OF ENGINEERS DAMS.
Section 2 of the Freedom to Fish Act (Public Law 113-13; 127 Stat.
449, 128 Stat. 1271) is amended by striking ``4 years after the date of
enactment of the Water Resources Reform and Development Act of 2014''
each place it appears and inserting ``5 years after the date of
enactment of the Water Resources Development Act of 2018''.
SEC. 1172. COASTAL EROSION.
(a) In General.--Pursuant to section 111 of the River and Harbor
Act of 1968 (33 U.S.C. 426i), the Secretary shall, to the maximum
extent practicable, complete operation and maintenance renourishment to
mitigate coastal erosion attributed to Federal project structures in
the upper northeast United States.
(b) Project Selection.--In carrying out the work under subsection
(a), the Secretary shall--
(1) identify and carry out not more than five projects--
(A) located in any of the States of Maine, New
Hampshire, Massachusetts, Connecticut, Rhode Island, or
New York; and
(B) for which a feasibility study has been
completed by December 31, 2019, that includes findings
that a Federal project structure is interrupting the
natural flow of sediment and causing coastal erosion;
and
(2) consult with relevant State agencies in selecting
projects.
SEC. 1173. PROHIBITION ON SURPLUS WATER FEES, LAKE CUMBERLAND
WATERSHED, KENTUCKY AND TENNESSEE.
(a) In General.--The Secretary shall not charge a fee for surplus
water under a contract entered into pursuant to section 6 of the Act of
December 22, 1944 (33 U.S.C. 708), if the contract is for surplus water
stored in the Lake Cumberland Watershed, Kentucky and Tennessee.
(b) Termination.--The limitation under subsection (a) shall expire
on the date that is 2 years after the date of enactment of this Act.
(c) Applicability.--Nothing in this section--
(1) affects the authority of the Secretary under section
2695 of title 10, United States Code, to accept funds or to
cover the administrative expenses relating to certain real
property transactions;
(2) affects the application of section 6 of the Act of
December 22, 1944 (33 U.S.C. 708) or section 301 of the Water
Supply Act of 1958 (43 U.S.C. 390b) to surplus water stored
outside of the Lake Cumberland Watershed, Kentucky and
Tennessee; or
(3) affects the authority of the Secretary to accept funds
under section 216(c) of the Water Resources Development Act of
1996 (33 U.S.C. 2321a(c)).
SEC. 1174. MIDDLE RIO GRANDE PEAK FLOW RESTORATION.
(a) Restarting of Temporary Deviation.--Subject to subsection (b),
the Secretary shall restart the temporary deviation in the operation of
Cochiti Lake and Jemez Canyon Dam, that was initiated in 2009 and
terminated in 2013, to continue to evaluate the effects of the
deviation.
(b) Approval and Consultation.--Before restarting the temporary
deviation under subsection (a), the Secretary shall, as required under
the applicable water control manuals--
(1) first obtain approval from--
(A) Pueblo de Cochiti;
(B) Pueblo of Santa Ana; and
(C) the Rio Grande Compact Commission established
by the compact approved by Congress under the Act of
May 31, 1939 (53 Stat. 785, chapter 155); and
(2) to the maximum extent practicable, consult with the
existing Cochiti Lake Environmental Resources Team, which
includes other Federal agencies and landowners in the region.
(c) Sunset.--The authority to conduct the temporary deviation
described in subsection (a) shall terminate on the date that is 5 years
after the date on which the Secretary restarts the temporary deviation
under such subsection.
SEC. 1175. PROHIBITION OF ADMINISTRATIVE FEES IN IMPLEMENTING ROUGH
RIVER LAKE FLOWAGE EASEMENT ENCROACHMENT RESOLUTION PLAN.
(a) Definitions.--In this section:
(1) Eligible property owner.--The term ``eligible property
owner'' means the owner of a property--
(A)(i) described in Scenario A, B, C, or D in the
Plan; or
(ii) that consists of vacant land located above 534
feet mean sea level that is encumbered by a Rough River
Lake flowage easement; and
(B) for which the Rough River Lake flowage easement
is not required to address backwater effects.
(2) Plan.--The term ``Plan'' means the Rough River Lake
Flowage Easement Encroachment Resolution Plan of the Corps of
Engineers, dated January 2017.
(b) Prohibition on Assessing Administrative Fees.--Notwithstanding
any other provision of law, in carrying out the Plan, the Secretary may
not impose on or collect from any eligible property owner any
administrative fee, including--
(1) a fee to pay the costs to the Corps of Engineers of
processing requests to resolve encroachments under the Plan;
(2) fees for deed drafting and surveying; and
(3) any other administrative cost incurred by the Corps of
Engineers in implementing the Plan.
(c) Refund of Administrative Fees.--In the case of an eligible
property owner who has paid any administrative fees described in
paragraphs (1) through (3) of subsection (b) to the Corps of Engineers,
the Corps of Engineers shall refund those fees on request of the
eligible property owner.
(d) Savings Provision.--Nothing in this section affects the
responsibility or authority of the Secretary to continue carrying out
the Plan, including any work necessary to extinguish the flowage
easement of the United States with respect to the property of any
eligible property owner.
SEC. 1176. PRECONSTRUCTION ENGINEERING DESIGN DEMONSTRATION PROGRAM.
(a) Definition of Environmental Impact Statement.--In this section,
the term ``environmental impact statement'' means the detailed written
statement required under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
(b) Demonstration Program.--The Secretary shall establish a
demonstration program to allow a project authorized to execute pursuant
to section 211 of the Water Resources Development Act of 1996 (33
U.S.C. 701b-13) (as in effect on the day before the date of enactment
of the Water Resources Reform and Development Act of 2014 (128 Stat.
1193)) to begin preconstruction engineering and design on a
determination by the Secretary that the project is technically
feasible, economically justified, and environmentally acceptable.
(c) Requirements.--For each project authorized to begin
preconstruction engineering and design under subsection (b)--
(1) the project shall conform to the feasibility study and
the environmental impact statement approved by the Secretary;
and
(2) the Secretary and the non-Federal sponsor shall jointly
agree to the construction design of the project.
(d) Secretary Review of Potential Adverse Impacts.--When reviewing
the feasibility study and the environmental impact statement for a
project under subsection (b), the Secretary shall follow current USACE
Policy, Regulations, and Guidance, to assess potential adverse
downstream impacts to the Pearl River Basin. Upon completion of the
Secretary's determination under subsection (b), the non-Federal sponsor
shall design the project in a manner that addresses any potential
adverse impacts or that provides mitigation in accordance with section
906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283).
(e) Sunset.--The authority to carry out the demonstration program
under this section shall terminate on the date that is 5 years after
the date of enactment of this Act.
(f) Savings Provision.--Nothing in this section supersedes,
precludes, or affects any applicable requirements for a project under
subsection (b) under--
(1) section 906 of the Water Resources Development Act of
1986 (33 U.S.C. 2283); or
(2) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
Subtitle B--Studies and Reports
SEC. 1201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.
The Secretary is authorized to conduct a feasibility study for the
following projects for water resources development and conservation and
other purposes, as identified in the reports titled ``Report to
Congress on Future Water Resources Development'' submitted to Congress
on March 17, 2017, and February 5, 2018, respectively, pursuant to
section 7001 of the Water Resources Reform and Development Act of 2014
(33 U.S.C. 2282d) or otherwise reviewed by Congress:
(1) Cave buttes dam, arizona.--Project for flood risk
management, Phoenix, Arizona.
(2) San diego river, california.--Project for flood risk
management, navigation, and ecosystem restoration, San Diego,
California.
(3) J. bennett johnston waterway, louisiana.--Project for
navigation, J. Bennett Johnston Waterway, Louisiana.
(4) Northshore, louisiana.--Project for flood risk
management, St. Tammany Parish, Louisiana.
(5) Ouachita-black rivers, louisiana.--Project for
navigation, Little River, Louisiana.
(6) Chautauqua lake, new york.--Project for ecosystem
restoration and flood risk management, Chautauqua, New York.
(7) Trinity river and tributaries, texas.--Project for
navigation, Liberty, Texas.
(8) West cell levee, texas.--Project for flood risk
management, Irving, Texas.
(9) Coastal virginia, virginia.--Project for flood risk
management, ecosystem restoration, and navigation, Coastal
Virginia.
(10) Tangier island, virginia.--Project for flood risk
management and ecosystem restoration, Tangier Island, Virginia.
SEC. 1202. ADDITIONAL STUDIES.
(a) Lower Mississippi River; Missouri, Kentucky, Tennessee,
Arkansas, Mississippi, and Louisiana.--
(1) In general.--The Secretary is authorized to carry out
studies to determine the feasibility of habitat restoration for
each of the eight reaches identified as priorities in the
report prepared by the Secretary pursuant to section 402 of the
Water Resources Development Act of 2000, titled ``Lower
Mississippi River Resource Assessment; Final Assessment In
Response to Section 402 of WRDA 2000'' and dated July 2015.
(2) Consultation.--The Secretary shall consult with the
Lower Mississippi River Conservation Committee during each
feasibility study carried out under paragraph (1).
(b) St. Louis Riverfront, Meramec River Basin, Missouri and
Illinois.--
(1) In general.--The Secretary is authorized to carry out
studies to determine the feasibility of a project for ecosystem
restoration and flood risk management in Madison, St. Clair,
and Monroe Counties, Illinois, St. Louis City, and St. Louis,
Jefferson, Franklin, Gasconade, Maries, Phelps, Crawford, Dent,
Washington, Iron, St. Francois, St. Genevieve, Osage, Reynolds,
and Texas Counties, Missouri.
(2) Continuation of existing study.--Any study carried out
under paragraph (1) shall be considered a continuation of the
study being carried out under Committee Resolution 2642 of the
Committee on Transportation and Infrastructure of the House of
Representatives, adopted June 21, 2000.
SEC. 1203. EXPEDITED COMPLETION.
(a) Feasibility Reports.--The Secretary shall expedite the
completion of a feasibility study for each of the following projects,
and if the Secretary determines that the project is justified in a
completed report, may proceed directly to preconstruction planning,
engineering, and design of the project:
(1) Project for riverbank stabilization, Selma, Alabama.
(2) Project for ecosystem restoration, Three Mile Creek,
Alabama.
(3) Project for navigation, Nome, Alaska.
(4) Project for flood diversion, Seward, Alaska.
(5) Project for flood control, water conservation, and
related purposes, Coyote Valley Dam, California.
(6) Project for flood risk management, Lower Cache Creek,
California.
(7) Project for flood risk management, Lower San Joaquin
River, California, as described in section 1322(b)(2)(F) of the
Water Resources Development Act of 2016 (130 Stat. 1707)
(second phase of feasibility study).
(8) Project for flood risk management, South San Francisco,
California.
(9) Project for flood risk management and ecosystem
restoration, Tijuana River, California.
(10) Project for flood damage reduction, Westminster-East
Garden Grove, California.
(11) Project for flood risk management in East Hartford,
Connecticut.
(12) Project for flood risk management in Hartford,
Connecticut.
(13) Projects under the Comprehensive Flood Mitigation
Study for the Delaware River Basin.
(14) Project for ecosystem restoration, Lake Apopka,
Florida.
(15) Project for ecosystem restoration, Kansas River Weir,
Kansas.
(16) Project for navigation and channel deepening, Baptiste
Collette Bayou, Louisiana, under section 203 of the Water
Resources Development Act of 1986 (33 U.S.C. 2231).
(17) Project for navigation and channel deepening, Houma
Navigation Canal, Louisiana, under section 203 of the Water
Resources Development Act of 1986 (33 U.S.C. 2231).
(18) Project for navigation and channel deepening, Bayou
Lafourche, Louisiana, under section 203 of the Water Resources
Development Act of 1986 (33 U.S.C. 2231).
(19) Project for flood damage reduction and ecosystem
restoration, St. Tammany Parish, Louisiana.
(20) Project for ecosystem restoration, Warren Glen Dam
Removal, Musconetcong River, New Jersey.
(21) Project for flood risk management, Rahway River Basin,
New Jersey.
(22) The Hudson-Raritan Estuary Comprehensive Restoration
Project, New Jersey and New York.
(23) Project for flood control and water supply, Abiquiu
Dam, New Mexico.
(24) Project for reformulation, East Rockaway Inlet to
Rockaway Inlet and Jamaica Bay, Queens, New York.
(25) Project for navigation, New York-New Jersey Harbor and
Tributaries Focus Area.
(26) Project for water resource improvements, Willamette
River Basin, Fern Ridge, Oregon.
(27) Project for coastal storm risk management, Pawcatuck
River, Rhode Island.
(28) Project for the Rhode Island historical structure
flood hazard vulnerability assessment.
(29) Project for coastal storm risk management, Norfolk,
Virginia.
(30) Project for navigation, Tacoma Harbor, Washington.
(b) Lower San Joaquin River, California.--In expediting completion
of the second phase of the Lower San Joaquin River feasibility study
under subsection (a)(7), the Secretary shall review and give priority
to any plans and designs requested by non-Federal interests and
incorporate such plans and designs into the Federal study if the
Secretary determines that such plans and designs are consistent with
Federal standards.
(c) Hudson-Raritan Estuary Comprehensive Restoration Project, New
Jersey and New York.--In the case of a recommendation for restoration
activities within the Jamaica Bay Unit of the Hudson-Raritan Estuary
Comprehensive Restoration Project, New Jersey and New York, under
subsection (a)(22), which are to protect property under the
jurisdiction of the National Park Service, the Secretary may recommend
to Congress that the Secretary accept and expend funds from the
National Park Service to carry out such activities.
(d) Post-Authorization Change Report.--The Secretary shall expedite
completion of a post-authorization change report for the project for
flood risk management, San Luis Rey River Flood Control Protection
Project, California.
(e) Huntingdon County, Pennsylvania.--
(1) In general.--The Secretary shall expedite the updating
of the master plan for the Juniata River and tributaries
project, Huntingdon County, Pennsylvania, authorized by section
203 of the Flood Control Act of 1962 (Public Law 87-874; 76
Stat. 1182).
(2) Process.--In carrying out subsection (a), the Secretary
shall update the master plan in accordance with section
1309(a)(2) of the Water Resources Development Act of 2016
(Public Law 114-322; 130 Stat. 1693).
(f) Upper Missouri River Basin Flood and Drought Monitoring.--The
Secretary shall expedite activities authorized under section 4003(a) of
the Water Resources Reform and Development Act of 2014 (128 Stat. 1311,
130 Stat. 1677).
(g) Project Modifications for Improvement of Environment.--For
fiscal years 2019 and 2020, the Secretary shall give priority to
projects that restore degraded ecosystems through modification of
existing flood risk management projects for projects--
(1) authorized under section 1135 of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a); and
(2) located within the Upper Missouri River Basin.
(h) Expedited Completion of Certain Projects.--It is the sense of
Congress that the Secretary should provide funding for, and expedite
the completion of, the following projects:
(1) West Haven, Connecticut, as authorized by section 101
of the River and Harbor Act of 1954 (68 Stat. 1254) and section
3 of the Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33
U.S.C. 426g).
(2) Providence River, Rhode Island, as authorized by the
first section of the Act of August 26, 1937 (50 Stat. 845,
chapter 832) and section 301 of the River and Harbor Act of
1965 (79 Stat. 1089).
(3) Morganza to the Gulf, Louisiana, as authorized by
section 7002(3) of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1368).
(4) Louisiana Coastal Area, Louisiana, as authorized by
section 7002(5) of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1369).
(5) Louisiana Coastal Area-Barataria Basin Barrier,
Louisiana, as authorized by section 7002(5) of the Water
Resources Reform and Development Act of 2014 (128 Stat. 1370).
(6) West Shore Lake Pontchartrain, Louisiana, as authorized
by section 1401(3) of the Water Resources Development Act of
2016 (130 Stat. 1712).
(7) Southwest Coastal Louisiana, Louisiana, as authorized
by section 1401(8) of the Water Resources Development Act of
2016 (130 Stat. 1715).
(8) West Thompson Lake, Connecticut, as authorized by
section 203 of the Flood Control Act of 1960 (74 Stat. 489).
SEC. 1204. GAO STUDY ON BENEFIT-COST ANALYSIS REFORMS.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) conduct a study on the benefit-cost procedures of the
Secretary and the Director of the Office of Management and
Budget (referred to in this section as the ``Director''),
including--
(A) an examination of the benefits and costs that
the Secretary and the Director do and do not include in
the benefit-cost calculation, including, at a minimum,
local and regional economic benefits; and
(B) a review of the calculation, if any, of
navigation benefits used in a benefit-cost calculation
for a non-commercial harbor that is used by a State
maritime academy (as defined in section 51102 of title
46, United States Code) for military training purposes;
and
(2) submit to Congress a report that--
(A) describes the results of the study under
paragraph (1); and
(B) includes recommendations for legislative or
regulatory changes to improve the benefit-cost analysis
procedures of the Secretary and the Director.
SEC. 1205. HARBOR MAINTENANCE TRUST FUND REPORT.
(a) Deadline.--Not later than 180 days after enactment of this Act,
the Secretary shall submit reports under section 210(e)(3) of the Water
Resources Development Act of 1986 (33 U.S.C. 2238(e)(3)) and section
330 of the Water Resources Development Act of 1992 (26 U.S.C. 9505
note; Public Law 102-580) to the Committee on Transportation and
Infrastructure of the House of Representatives and to the Committee on
Environment and Public Works of the Senate.
(b) Additional Information.--For each report described in
subsection (a) that is submitted after the date of enactment of this
Act, the Secretary shall include, on a project-by-project basis,
additional information identifying--
(1) the most recent fiscal year for which operations and
maintenance activities have been carried out and the cost of
those activities; and
(2) the operations and maintenance activities that were
performed through either a recommendation from Congress or
unspecified funds made available for ongoing work.
(c) Availability.--The Secretary shall make publicly available all
reports described in subsection (a) submitted before, on, or after the
date of enactment of this Act.
SEC. 1206. IDENTIFICATION OF NONPOWERED DAMS FOR HYDROPOWER
DEVELOPMENT.
(a) In General.--Not later than 18 months after the date of
enactment of this section, the Secretary shall develop a list of
existing nonpowered dams owned and operated by the Corps of Engineers
that have the greatest potential for hydropower development.
(b) Considerations.--In developing the list under subsection (a),
the Secretary may consider the following:
(1) The compatibility of hydropower generation with
existing purposes of the dam.
(2) The proximity of the dam to existing transmission
resources.
(3) The existence of studies to characterize environmental,
cultural, and historic resources relating to the dam.
(4) Whether hydropower is an authorized purpose of the dam.
(c) Availability.--The Secretary shall provide the list developed
under subsection (a) to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate, and make such list
available to the public.
SEC. 1207. STUDY ON INNOVATIVE PORTS FOR OFFSHORE WIND DEVELOPMENT.
(a) Definition of Innovative Port for Offshore Wind Development.--
In this section, the term ``innovative port for offshore wind
development'' includes any federally authorized port or harbor that can
accommodate (including through retrofitting)--
(1) the upright assembly of the majority of an offshore
wind facility, including the foundation, tower, turbine, blade,
and electrical components;
(2) an assembly area, ground-bearing pressure, and overhead
clearance for the assembly of offshore wind facility turbines,
which each have a capacity of up to 20 megawatts;
(3) a heavy-lift quay and not less than 25 acres of port
storage;
(4) innovative offshore wind facility and vessel
technologies that allow for the rapid installation of an
offshore wind facility; and
(5) any other innovative offshore wind facility technology,
as determined by the Secretary.
(b) Study and Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(A) in consultation with the all appropriate
Federal agencies, carry out a study of all federally
authorized ports and harbors, including in the Mid-
Atlantic, Gulf Coast, West Coast, Great Lakes, and New
England regions of the United States, to identify--
(i) not less than three suitable federally
authorized ports and harbors in those regions
that could become innovative ports for offshore
wind development;
(ii) barriers to the development of
innovative ports for offshore wind development;
(iii) the Federal and State actions,
including dredging and construction of
supporting infrastructure, needed to facilitate
the development of the federally authorized
ports and harbors identified under clause (i)
to become innovative ports for offshore wind
development; and
(iv) recommendations on any further
research needed to improve federally authorized
ports and harbors in the United States for
offshore wind facility development and
deployment; and
(B) submit to Congress a report describing the
results of the study under subparagraph (A).
(2) Consultation.--In carrying out the study under
paragraph (1), the Secretary shall consult with, at a minimum--
(A) the Governor of each State in which a port or
harbor was identified;
(B) affected port authorities;
(C) units of local government; and
(D) relevant experts in engineering, environment,
and industry considerations.
SEC. 1208. INNOVATIVE MATERIALS AND ADVANCED TECHNOLOGIES REPORT.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall submit to Congress a report that--
(1) describes activities conducted by the Corps of
Engineers at centers of expertise, technology centers,
technical centers, research and development centers, and
similar facilities and organizations relating to the testing,
research, development, identification, and recommended uses for
innovative materials and advanced technologies, including
construction management technologies, in water resources
development projects; and
(2) provides recommendations for types of water resources
development projects in which innovative materials and advanced
technologies should be used.
SEC. 1209. STUDY AND REPORT ON EXPEDITING CERTAIN WAIVER PROCESSES.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall complete and submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report based on the
results of a study on the best options available to the Secretary to
implement the waiver process for the non-Federal cost share under
section 116 of the Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85; 123 Stat. 2851).
SEC. 1210. REPORT ON DEBRIS REMOVAL.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall submit to Congress and make publicly available a
report that describes--
(1) the extent to which the Secretary has carried out
section 3 of the Act of March 2, 1945 (33 U.S.C. 603a); and
(2) how the Secretary has evaluated potential work to be
carried out under that section.
SEC. 1211. CORPS FLOOD POLICY WITHIN URBAN AREAS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall report to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate on--
(1) flooding within urban floodplains; and
(2) the Federal policy constraints on the ability of the
Secretary to address urban flooding, including the regulations
under part 238 of title 33, Code of Federal Regulations (as in
effect on the date of enactment of this Act) (including the
limitation under section 238.7(a)(1) of that title that allows
the Secretary to provide assistance only where the flood
discharge of a stream or waterway within an urban area is
greater than 800 cubic feet per second for the 10-percent
flood).
SEC. 1212. FEASIBILITY STUDIES FOR MITIGATION OF DAMAGE.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that identifies--
(1) feasibility studies that are incomplete as of the date
of enactment of this Act for a project for mitigation of damage
to an area affected by weather or other events for which--
(A) during the 8-year period ending on the date of
enactment of this Act--
(i) the Secretary provided emergency
response under section 5 of the Act of August
18, 1941 (33 U.S.C. 701n); or
(ii) the area received assistance under the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et
seq.); and
(B) there is significant risk for future similar
events (as determined by the Secretary); and
(2) for each feasibility study identified under paragraph
(1), impediments to completing the study.
SEC. 1213. APPLICATIONS OF MILITARY LEASING AUTHORITIES.
Not later than 2 years after the date of enactment of this Act, the
Secretary shall--
(1) complete a study on the application of section 2667 of
title 10, United States Code, enhanced use leasing authorities,
and other military leasing authorities to the civil works
program of the Secretary; and
(2) submit to Congress a report on the results of the study
under paragraph (1), including a description of the obstacles
that must be removed so that the Assistant Secretary of the
Army for Civil Works may implement the authorities.
SEC. 1214. COMMUNITY ENGAGEMENT.
(a) Report.--Not later than 2 years after the date of enactment of
this section, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report on
any potential disproportionate and adverse health or environmental
effects of programs, policies, and activities of the Corps of Engineers
related to water resources development projects on minority
communities, low-income communities, rural communities, and Indian
Tribes.
(b) Consultation.--In preparing the report under subsection (a),
the Secretary shall provide public and private meetings with
representatives of minority communities, low-income communities, rural
communities, and Indian Tribes, as well as representatives of State and
local governments, and shall ensure that sufficient meetings are held
in different geographic regions of the United States to ensure that a
diversity of views are obtained.
(c) Recommendations.--The report submitted under subsection (a)
shall include--
(1) the identification of any disproportionate and adverse
health or environmental effects to the communities and Tribes;
and
(2) any recommendations of the Secretary for addressing
such effects, including recommended changes to the statutory or
regulatory authorities of the Corps of Engineers, or changes to
the policies or guidance of the Corps of Engineers.
SEC. 1215. TRANSPARENCY IN ADMINISTRATIVE EXPENSES.
Section 1012(b)(1) of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2315a(b)(1)) is amended by striking ``The
Secretary'' and inserting ``Not later than 1 year after the date of
enactment of the Water Resources Development Act of 2018, the
Secretary''.
SEC. 1216. ASSESSMENT OF HARBORS AND INLAND HARBORS.
Section 210(e) of the Water Resources Development Act of 1986 (33
U.S.C. 2238) is amended--
(1) in paragraph (1), by striking ``shall assess the'' and
inserting ``shall assess, and issue a report to Congress on,
the''; and
(2) in paragraph (2), by adding at the end the following:
``(C) Opportunities for beneficial use of dredged
materials.--In carrying out paragraph (1), the
Secretary shall identify potential opportunities for
the beneficial use of dredged materials obtained from
harbors and inland harbors referred to in subsection
(a)(2), including projects eligible under section 1122
of the Water Resources Development Act of 2016 (130
Stat. 1645; 33 U.S.C. 2326 note).''.
SEC. 1217. MAINTENANCE OF HIGH-RISK FLOOD CONTROL PROJECTS.
(a) Assessment.--With respect to each project classified as class
III under the Dam Safety Action Classification of the Corps of
Engineers for which the Secretary has assumed responsibility for
maintenance as of the date of enactment of this Act, the Secretary
shall assess--
(1) the anticipated effects of the Secretary continuing to
be responsible for the maintenance of the project during the
period that ends 15 years after the date of enactment of this
Act, including the benefits to the State and local community;
and
(2) the anticipated effects of the Secretary not continuing
to be responsible for the maintenance of the project during
such 15-year period, including the costs to the State and local
community.
(b) Report.--Not later than 90 days after completion of the
assessment under subsection (a), the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a report summarizing the results of the assessment.
SEC. 1218. NORTH ATLANTIC DIVISION REPORT ON HURRICANE BARRIERS AND
HARBORS OF REFUGE.
Not later than 1 year after the date of enactment of this Act, the
Secretary, in consultation with State and local experts in the North
Atlantic Division of the Corps of Engineers, shall submit to Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate a
report on the durability and resiliency of existing hurricane barriers
and harbors of refuge in the North Atlantic Division, giving particular
consideration as to how such barriers and harbors will survive and
fully serve their planned levels of protection under current, near, and
longer term future predicted sea levels, storm surges, and storm
strengths.
SEC. 1219. GREAT LAKES COASTAL RESILIENCY STUDY.
(a) In General.--The Secretary shall carry out a comprehensive
assessment of the water resources needs of the Great Lakes System under
section 729 of the Water Resources Development Act of 1986 (33 U.S.C.
2267a).
(b) Cooperation.--In carrying out the assessment pursuant to
subsection (a), the Secretary shall cooperate with stakeholders and
coordinate with all ongoing programs and projects of the Great Lakes
Restoration Initiative under section 118(c)(7) of the Federal Water
Pollution Control Act (33 U.S.C. 1268).
(c) Definitions.--The term ``Great Lakes System'' has the meaning
given such term in section 118(a) of the Federal Water Pollution
Control Act (33 U.S.C. 1268(a)).
SEC. 1220. MCMICKEN DAM, ARIZONA, AND MUDDY RIVER, MASSACHUSETTS.
(a) Report.--The Secretary shall submit a report to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment on Public Works of the Senate on the
status of--
(1) the project at McMicken Dam, Arizona, authorized by
section 304 of the Act of August 7, 1953 (67 Stat. 450); and
(2) the project for flood damage reduction and
environmental restoration, Muddy River, Brookline and Boston,
Massachusetts, authorized by section 522 of the Water Resources
Development Act of 2000 (114 Stat. 2656).
(b) Requirements.--The report under subsection (a) shall include a
description of the reasons of the Secretary for deauthorizing the
projects described in subsection (a).
SEC. 1221. TABLE ROCK LAKE, ARKANSAS AND MISSOURI.
Not later than 120 days after the date of enactment of this Act,
the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report on the
implementation of section 1185(c) of the Water Resources Development
Act of 2016 (130 Stat. 1680).
SEC. 1222. FORECAST-INFORMED RESERVOIR OPERATIONS.
(a) Report on Forecast-Informed Reservoir Operations.--Not later
than 1 year after the date of completion of the forecast-informed
reservoir operations research study pilot program at Coyote Valley Dam,
Russian River Basin, California (authorized by the River and Harbor Act
of 1950 (64 Stat. 177)), the Secretary shall issue a report to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate on the results of the study pilot program.
(b) Contents of Report.--The Secretary shall include in the report
issued under subsection (a)--
(1) an analysis of the use of forecast-informed reservoir
operations at Coyote Valley Dam, California;
(2) an assessment of the viability of using forecast-
informed reservoir operations at other dams owned or operated
by the Secretary;
(3) an identification of other dams owned or operated by
the Secretary where forecast-informed reservoir operations may
assist the Secretary in the optimization of future reservoir
operations; and
(4) any additional areas for future study of forecast-
informed reservoir operations.
SEC. 1223. CEDAR RIVER, IOWA.
Not later than 90 days after the date of enactment of this Act, the
Secretary shall complete and submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report summarizing the
path forward and timeline to implement the project for flood risk
management at Cedar River, Cedar Rapids, Iowa, authorized by section
7002(2) of the Water Resources Reform and Development Act of 2014 (128
Stat. 1366).
SEC. 1224. OLD RIVER CONTROL STRUCTURE, LOUISIANA.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report on
the structure and operations plan for the Old River control structure
authorized by the Flood Control Act of 1954 (68 Stat. 1258), based on
the best available science, improved monitoring capabilities, and other
factors as determined by the Secretary, including consideration of--
(1) flood control;
(2) navigational conditions;
(3) water supply;
(4) ecosystem restoration and ecological productivity; and
(5) hydroelectric production.
(b) Public Participation.--In developing the report required by
subsection (a), the Secretary shall provide opportunity for public
input and stakeholder engagement, including public meetings.
SEC. 1225. UPPER MISSISSIPPI RIVER PROTECTION.
Section 2010 of the Water Resources Reform and Development Act of
2014 (128 Stat. 1270) is amended by adding at the end the following:
``(d) Considerations.--In carrying out a disposition study with
respect to the Upper St. Anthony Falls Lock and Dam, including a
disposition study under section 216 of the Flood Control Act of 1970
(33 U.S.C. 549a), the Secretary shall expedite completion of such study
and shall produce a report on the Upper St. Anthony Falls Lock and Dam
that is separate from any report on any other lock or dam included in
such study that includes plans for--
``(1) carrying out modifications to the Upper St. Anthony
Falls Lock and Dam to--
``(A) preserve and enhance recreational
opportunities and the health of the ecosystem; and
``(B) maintain the benefits to the natural
ecosystem and human environment;
``(2) a partial disposition of the Upper St. Anthony Falls
Lock and Dam facility and surrounding real property that
preserves any portion of the Upper St. Anthony Falls Lock and
Dam necessary to maintain flood control; and
``(3) expediting the disposition described in this
subsection.
``(e) Contributed Funds.--The Secretary shall accept and expend
funds to carry out the study described in subsection (d) that are
contributed by a State or a political subdivision of a State under the
Act of October 15, 1940 (33 U.S.C. 701h-1).''.
SEC. 1226. MISSOURI RIVER.
(a) IRC Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
regarding the impacts of interception-rearing complex construction on
the navigation, flood control, and other authorized purposes set forth
in the Missouri River Master Manual, and on the population recovery of
the pallid sturgeon.
(b) No Additional IRC Construction.--Until the report under
subsection (a) is submitted, no additional interception-rearing complex
construction is authorized.
SEC. 1227. LOWER MISSOURI RIVER BANK STABILIZATION AND NAVIGATION.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report on
the function and reliability of the Lower Missouri River bank
stabilization and navigation project, authorized by the first section
of the Act of July 25, 1912 (37 Stat. 219, chapter 253).
(b) Considerations and Coordination.--In developing the report
required under subsection (a), the Secretary shall--
(1) consider recommended improvements to the project
described in such subsection and current and future flood
risks; and
(2) coordinate with State and local governments and
affected stakeholders.
SEC. 1228. COASTAL TEXAS STUDY.
The Secretary shall expedite the completion of studies for flood
damage reduction, hurricane and storm damage reduction, and ecosystem
restoration in the coastal areas of Texas that are identified in the
interim report due to be published in 2018 that describes the
tentatively selected plan developed in accordance with section 4091 of
the Water Resources Development Act of 2007 (121 Stat. 1187).
SEC. 1229. REPORT ON WATER SUPPLY CONTRACT, WRIGHT PATMAN LAKE, TEXAS.
Not later than June 30, 2019, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a report on the status of the implementation of the water
supply contract, Department of the Army, Civil Works Contract No. 29-
68-A-0130, at Wright Patman Lake, Texas, that--
(1) describes the implementation of that contract at Wright
Patman Lake; and
(2) identifies--
(A) the activities that the Secretary expects to be
necessary to complete the execution of the contract;
(B) the expected completion date for each activity
identified under subparagraph (A); and
(C) the expected date of completion of the
execution of the contract.
Subtitle C--Deauthorizations, Modifications, and Related Provisions
SEC. 1301. DEAUTHORIZATION OF INACTIVE PROJECTS.
(a) Purposes.--The purposes of this section are--
(1) to identify $4,000,000,000 in water resources
development projects authorized by Congress that are no longer
viable for construction due to--
(A) a lack of local support;
(B) a lack of available Federal or non-Federal
resources; or
(C) an authorizing purpose that is no longer
relevant or feasible;
(2) to create an expedited and definitive process for
Congress to deauthorize water resources development projects
that are no longer viable for construction; and
(3) to allow the continued authorization of water resources
development projects that are viable for construction.
(b) Interim Deauthorization List.--
(1) In general.--The Secretary shall develop an interim
deauthorization list that identifies--
(A) each water resources development project, or
separable element of a project, authorized for
construction before November 8, 2007, for which--
(i) planning, design, or construction was
not initiated before the date of enactment of
this Act; or
(ii) planning, design, or construction was
initiated before the date of enactment of this
Act, but for which no funds, Federal or non-
Federal, were obligated for planning, design,
or construction of the project or separable
element of the project during the current
fiscal year or any of the 6 preceding fiscal
years;
(B) each project or separable element of a project
identified and included on a list to Congress for
deauthorization pursuant to section 1001(b)(2) of the
Water Resources Development Act of 1986 (33 U.S.C.
579a(b)(2)); and
(C) any project or separable element of a project
for which the non-Federal sponsor of such project or
separable element submits a request for inclusion on
the list.
(2) Public comment and consultation.--
(A) In general.--The Secretary shall solicit
comments from the public and the Governors of each
applicable State on the interim deauthorization list
developed under paragraph (1).
(B) Comment period.--The public comment period
shall be 90 days.
(3) Submission to congress; publication.--Not later than 90
days after the date of the close of the comment period under
paragraph (2), the Secretary shall--
(A) submit a revised interim deauthorization list
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(B) publish the revised interim deauthorization
list in the Federal Register.
(c) Final Deauthorization List.--
(1) In general.--The Secretary shall develop a final
deauthorization list of water resources development projects,
or separable elements of projects, from the revised interim
deauthorization list described in subsection (b)(3).
(2) Deauthorization amount.--
(A) Proposed final list.--The Secretary shall
prepare a proposed final deauthorization list of
projects and separable elements of projects that have,
in the aggregate, an estimated Federal cost to complete
that is at least $4,000,000,000.
(B) Determination of federal cost to complete.--For
purposes of subparagraph (A), the Federal cost to
complete shall take into account any allowances
authorized by section 902 of the Water Resources
Development Act of 1986 (33 U.S.C. 2280), as applied to
the most recent project schedule and cost estimate.
(3) Identification of projects.--
(A) Sequencing of projects.--
(i) In general.--The Secretary shall
identify projects and separable elements of
projects for inclusion on the proposed final
deauthorization list according to the order in
which the projects and separable elements of
the projects were authorized, beginning with
the earliest authorized projects and separable
elements of projects and ending with the latest
project or separable element of a project
necessary to meet the aggregate amount under
paragraph (2)(A).
(ii) Factors to consider.--The Secretary
may identify projects and separable elements of
projects in an order other than that
established by clause (i) if the Secretary
determines, on a case-by-case basis, that a
project or separable element of a project is
critical for interests of the United States,
based on the possible impact of the project or
separable element of the project on public
health and safety, the national economy, or the
environment.
(iii) Consideration of public comments.--In
making determinations under clause (ii), the
Secretary shall consider any comments received
under subsection (b)(2).
(B) Appendix.--The Secretary shall include as part
of the proposed final deauthorization list an appendix
that--
(i) identifies each project or separable
element of a project on the interim
deauthorization list developed under subsection
(b) that is not included on the proposed final
deauthorization list; and
(ii) describes the reasons why the project
or separable element is not included on the
proposed final list.
(4) Public comment and consultation.--
(A) In general.--The Secretary shall solicit
comments from the public and the Governor of each
applicable State on the proposed final deauthorization
list and appendix developed under paragraphs (2) and
(3).
(B) Comment period.--The public comment period
shall be 90 days.
(5) Submission of final list to congress; publication.--Not
later than 120 days after the date of the close of the comment
period under paragraph (4), the Secretary shall--
(A) submit a final deauthorization list and an
appendix to the final deauthorization list in a report
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(B) publish the final deauthorization list and the
appendix to the final deauthorization list in the
Federal Register.
(d) Deauthorization; Congressional Review.--
(1) In general.--After the expiration of the 180-day period
beginning on the date of submission of the final
deauthorization list and appendix under subsection (c), a
project or separable element of a project identified in the
final deauthorization list is hereby deauthorized, unless
Congress passes a joint resolution disapproving the final
deauthorization list prior to the end of such period.
(2) Non-federal contributions.--
(A) In general.--A project or separable element of
a project identified in the final deauthorization list
under subsection (c) shall not be deauthorized under
this subsection if, before the expiration of the 180-
day period referred to in paragraph (1), the non-
Federal interest for the project or separable element
of the project provides sufficient funds to complete
the project or separable element of the project.
(B) Treatment of projects.--Notwithstanding
subparagraph (A), each project and separable element of
a project identified in the final deauthorization list
shall be treated as deauthorized for purposes of the
aggregate deauthorization amount specified in
subsection (c)(2)(A).
(3) Projects identified in appendix.--A project or
separable element of a project identified in the appendix to
the final deauthorization list shall remain subject to future
deauthorization by Congress.
(e) Special Rule for Projects Receiving Funds for Post-
Authorization Study.--A project or separable element of a project may
not be identified on the interim deauthorization list developed under
subsection (b), or the final deauthorization list developed under
subsection (c), if the project or separable element received funding
for a post-authorization study during the current fiscal year or any of
the 6 preceding fiscal years.
(f) General Provisions.--
(1) Definitions.--In this section, the following
definitions apply:
(A) Post-authorization study.--The term ``post-
authorization study'' means--
(i) a feasibility report developed under
section 905 of the Water Resources Development
Act of 1986 (33 U.S.C. 2282);
(ii) a feasibility study, as defined in
section 105(d) of the Water Resources
Development Act of 1986 (33 U.S.C. 2215(d)); or
(iii) a review conducted under section 216
of the Flood Control Act of 1970 (33 U.S.C.
549a), including an initial appraisal that--
(I) demonstrates a Federal
interest; and
(II) requires additional analysis
for the project or separable element.
(B) Water resources development project.--The term
``water resources development project'' includes an
environmental infrastructure assistance project or
program of the Corps of Engineers.
(2) Treatment of project modifications.--For purposes of
this section, if an authorized water resources development
project or separable element of the project has been modified
by an Act of Congress, the date of the authorization of the
project or separable element shall be deemed to be the date of
the most recent modification.
SEC. 1302. BACKLOG PREVENTION.
(a) Project Deauthorization.--
(1) In general.--A water resources development project
authorized for construction by this Act shall not be authorized
after the last day of the 10-year period beginning on the date
of enactment of this Act unless--
(A) funds have been obligated for construction of,
or a post-authorization study for, such project or such
separable element during such period; or
(B) a subsequent Act of Congress modifies the
authorization contained in this Act.
(2) Identification of projects.--Not later than 60 days
after the expiration of the 10-year period described in
paragraph (1), the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that identifies the projects
deauthorized under paragraph (1).
(b) Report to Congress.--Not later than 60 days after the
expiration of the 12-year period beginning on the date of enactment of
this Act, the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives, and make available to
the public, a report that contains--
(1) a list of any water resources development projects
authorized by this Act for which construction has not been
completed;
(2) a description of the reasons each project was not
completed;
(3) a schedule for the completion of the projects based on
expected levels of appropriations;
(4) a 5-year and 10-year projection of construction
backlog; and
(5) any recommendations to Congress regarding how to
mitigate the backlog.
SEC. 1303. PROJECT MODIFICATIONS.
(a) Consistency With Reports.--Congress finds that the project
modifications described in this section are in accordance with the
reports submitted to Congress by the Secretary under section 7001 of
the Water Resources Reform and Development Act of 2014 (33 U.S.C.
2282d), titled ``Report to Congress on Future Water Resources
Development'', or have otherwise been reviewed by Congress.
(b) Modifications.--
(1) Harbor/South bay, california.--Section 219(f)(43) of
the Water Resources Development Act of 1992 (113 Stat. 337; 114
Stat. 2763A-220) is amended by striking ``$35,000,000'' and
inserting ``$70,000,000''.
(2) Lakes marion and moultrie, south carolina.--Section
219(f)(25) of the Water Resources Development Act of 1992 (113
Stat. 336; 114 Stat. 2763A-220; 117 Stat. 1838; 130 Stat. 1677)
is amended by striking ``$60,000,000'' and inserting
``$89,550,000''.
SEC. 1304. LYTLE AND CAJON CREEKS, CALIFORNIA.
That portion of the channel improvement project, Lytle and Cajon
Creeks, California, authorized to be carried out as a part of the
project for the Santa Ana River Basin, California, by the Act of
December 22, 1944 (Chapter 665; 58 Stat. 900) that consists of five
earth-filled groins commonly referred to as ``the Riverside Avenue
groins'' is no longer authorized as a Federal project beginning on the
date of enactment of this Act.
SEC. 1305. YUBA RIVER BASIN, CALIFORNIA.
(a) In General.--The project for flood damage reduction, Yuba River
Basin, California, authorized by section 101(a)(10) of the Water
Resources Development Act of 1999 (113 Stat. 275) is modified to allow
a non-Federal interest to construct a new levee to connect the existing
levee with high ground.
(b) Project Description.--The levee to be constructed shall tie
into the existing levee at a point N2186189.2438, E6703908.8657, thence
running east and south along a path to be determined to a point
N2187849.4328, E6719262.0164.
(c) Cooperation Agreement.--The Secretary shall execute a
conforming amendment to the Memorandum of Understanding Respecting the
Sacramento River Flood Control Project with the State of California
dated November 30, 1953, that is limited to changing the description of
the project to reflect the modification.
(d) No Federal Cost.--
(1) Review costs.--Before construction of the levee
described in subsection (b), the Secretary may accept and
expend funds received from a non-Federal interest to review the
planning, engineering, and design of the levee described in
subsection (b) to ensure that such planning, engineering, and
design complies with Federal standards.
(2) Non-federal share.--The non-Federal share of the cost
of constructing the levee shall be 100 percent.
SEC. 1306. BRIDGEPORT HARBOR, CONNECTICUT.
That portion of the project for navigation, Bridgeport Harbor,
Connecticut, authorized by the Act of June 18, 1878 (20 Stat. 158), and
modified by the Act of August 11, 1888 (25 Stat. 401), the Act of March
3, 1899 (30 Stat. 1122), the Act of June 25, 1910 (36 Stat. 633), and
the Act of July 3, 1930 (46 Stat. 919), and lying upstream of a line
commencing at point N627942.09, E879709.18 thence running southwesterly
about 125 feet to a point N627832.03, E879649.91 is no longer
authorized beginning on the date of enactment of this Act.
SEC. 1307. DELAWARE RIVER NAVIGATION PROJECT.
Section 1131(3) of the Water Resources Development Act of 1986 (100
Stat. 4246) is amended by striking ``ten feet'' and inserting ``35
feet''.
SEC. 1308. COMPREHENSIVE EVERGLADES RESTORATION PLAN, CENTRAL AND
SOUTHERN FLORIDA, EVERGLADES AGRICULTURAL AREA, FLORIDA.
(a) Authorization.--Subject to subsection (b), the Secretary is
authorized to carry out the project for ecosystem restoration, Central
and Southern Florida, Everglades Agricultural Area, Florida, in
accordance with section 601 of the Water Resources Development Act of
2000 (114 Stat. 2680), as recommended in the addendum to the Central
Everglades Planning Project Post Authorization Change Report,
Feasibility Study and Draft Environmental Impact Statement prepared by
the South Florida Water Management District and dated May 2018, with
such modifications as the Secretary considers appropriate.
(b) Requirement.--
(1) In general.--The project authorized by subsection (a)
may be constructed only after the Secretary prepares a report
that addresses the concerns, recommendations, and conditions
identified by the Secretary in the review assessment titled
``Review Assessment of South Florida Water Management
District's Central Everglades Planning Project, Section 203
Post Authorization Change Report, Integrated Feasibility Study
and DRAFT Environmental Impact Statement (March 2018, Amended
May 2018)'' and dated May 2018.
(2) Expedited completion.--The Secretary shall expedite the
completion of the report under paragraph (1) and shall complete
such report not later than 90 days after the date of enactment
of this section.
(c) Consultation.--In reviewing the report identified in subsection
(a), and completing the report identified in subsection (b), the
Secretary shall consult with the South Florida Water Management
District on any project modifications.
(d) Consideration.--Nothing in this section shall be construed to
delay the design, construction, and implementation of components and
features of the project for ecosystem restoration, Central Everglades,
authorized by section 1401(4) of the Water Resources Development Act of
2016 (130 Stat. 1713), that are not directly affected by the project
authorized by subsection (a).
SEC. 1309. KISSIMMEE RIVER RESTORATION, FLORIDA.
The Secretary may credit work performed or to be performed by the
non-Federal sponsor of the project for ecosystem restoration, Kissimmee
River, Florida, authorized by section 101(8) of the Water Resources
Development Act of 1992 (106 Stat. 4802), as an in-kind contribution
under section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b(a)(4)), in accordance with the report of the Director of Civil
Works relating to the Central and Southern Florida Project, Kissimmee
River Restoration Project, dated April 27, 2018, subject to the
availability of appropriations for any payments due, if the Secretary
determines that the work was carried out in accordance with the
requirements of subchapter 4 of chapter 31, and chapter 37, of title
40, United States Code.
SEC. 1310. LEVEE L-212, FOUR RIVER BASIN, OCKLAWAHA RIVER, FLORIDA.
The portions of the project for flood control and other purposes,
Four River Basins, Florida, authorized by section 203 of the Flood
Control Act of 1962 (76 Stat. 1183), consisting of levee L-212 along
the Ocklawaha River, Florida, are no longer authorized beginning on the
date of enactment of this Act.
SEC. 1311. GREEN RIVER AND BARREN RIVER LOCKS AND DAMS, KENTUCKY.
Section 1315 of the Water Resources Development Act of 2016 (130
Stat. 1698) is amended--
(1) in subsection (b)--
(A) in paragraph (3)--
(i) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively, and
adjusting the margins accordingly;
(ii) in the matter preceding clause (i) (as
so redesignated), by striking ``The Secretary''
and inserting the following:
``(A) In general.--The Secretary''; and
(iii) by adding at the end the following:
``(B) Use of funds.--If the Secretary determines
that removal of Lock and Dam 5 or a portion of Lock and
Dam 5 is necessary before the conveyance under
subparagraph (A), the Secretary--
``(i) shall proceed with that removal; and
``(ii) to carry out that removal--
``(I) may use appropriated funds or
accept and use funds contributed by
entities described in that
subparagraph; and
``(II) may work with entities
described in that subparagraph.''; and
(B) in paragraph (5)--
(i) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively, and
adjusting the margins accordingly;
(ii) in the matter preceding clause (i) (as
so redesignated), by striking ``The Secretary''
and inserting the following:
``(A) In general.--The Secretary''; and
(iii) by adding at the end the following:
``(B) Use of funds.--If the Secretary determines
that removal of Lock and Dam 1 or a portion of Lock and
Dam 1 is necessary before the conveyance under
subparagraph (A), the Secretary--
``(i) shall proceed with that removal; and
``(ii) to carry out that removal--
``(I) may use appropriated funds or
accept and use funds contributed by
entities described in that
subparagraph; and
``(II) may work with entities
described in that subparagraph.''; and
(2) in subsection (c), by adding at the end the following:
``(5) Removal costs.--In carrying out this section, if the
Secretary determines that removal of a Lock and Dam (or a
portion of a Lock and Dam) described in this section is
necessary, any Federal costs of that removal shall be subject
to the availability of appropriations.''.
SEC. 1312. CAPE ARUNDEL DISPOSAL SITE, MAINE.
The Cape Arundel Disposal Site selected by the Department of the
Army as an alternative dredged material disposal site under section
103(b) of the Marine Protection, Research, and Sanctuaries Act of 1972
(33 U.S.C. 1413(b)) shall remain available for use until December 31,
2021.
SEC. 1313. PENOBSCOT RIVER, MAINE.
Beginning on the date of enactment of this Act, the project for
navigation, Penobscot River, Maine, authorized by the River and Harbor
Appropriations Acts of July 5, 1884 (23 Stat. 133), August 11, 1888 (25
Stat. 408), July 31, 1892 (27 Stat. 96), and March 2, 1907 (Public Law
59-168; 34 Stat. 1074), is modified as follows:
(1) The portion of the 14-foot deep channel located between
Bangor and Brewer, Maine, approximately 135,784 square feet in
area, starting at a point with coordinates N410451.89,
E913370.08, thence running N3405'52.6''E about 815.4 feet to a
point with coordinates N411127.11, E913827.20, thence running
N5241'55.33''E about 143.06 feet to a point with coordinates
N411213.81, E913941.00, thence running N2704'01''E about
1068.73 feet to a point with coordinates N412165.48,
E914427.30, thence running S6255'59.79''E about 450 feet to a
point with coordinates N411960.72, E914828.01, thence running
S2704'01''W about 246.99 feet to a point with coordinates
N411740.78, E914715.62, thence running N4345'41.8''W about
444.66 feet to a point with coordinates N412061.92, E914408.07,
thence running S2704'01''W about 946.62 feet to a point with
coordinates N411218.97, E913977.33, thence running
S3821'58.9''W about 978.35 feet to the point of origin, is no
longer authorized.
(2) The portion of the 14-foot deep channel, approximately
121,875 square feet in area, starting at a point with
coordinates N410670.99, E914168.96, thence running N6255'59''W
about 100 feet to a point with coordinates N410716.49,
E914079.92, thence running N2704'01''E about 1236.13 feet to a
point with coordinates N411817.24, E914642.40, thence running
S4345'41.8''E about 105.87 feet to a point with coordinates
N411740.78, E914715.62, thence running S2704'01''W about
1201.37 feet to the point of origin, is redesignated as a 100-
foot wide and 14-foot deep anchorage area.
(3) The portion of the 14-foot deep channel, approximately
304,058 square feet in area, starting at a point with
coordinates N410761.99. E913990.87, thence running N6255'59''W
about 300.08 feet to a point with coordinates N410898.54,
E913723.66, thence running N3821'58.9''E about 408.69 feet to
a point with coordinates N411218.97, E913977.33, thence running
N2704'01''E about 946.62 feet to a point with coordinates
N412061.92, E914408.07, thence running S4345'41.8''E about
232.92 feet to a point with coordinates N411893.70, E914569.17,
thence running S2704'01''W about 1270.9 feet to the point of
origin, is redesignated as a 14-foot deep anchorage area of a
width varying from 220 to 300.08 feet.
SEC. 1314. BOSTON HARBOR RESERVED CHANNEL DEAUTHORIZATIONS.
(a) 40-Foot Reserved Channel.--
(1) In general.--The portions of the project for
navigation, Boston Harbor, Massachusetts, authorized by the
first section of the Act of October 17, 1940 (54 Stat. 1198,
chapter 895), and modified by section 101 of the River and
Harbor Act of 1958 (72 Stat. 297), section 101(a)(13) of the
Water Resources Development Act of 1990 (104 Stat. 4607), and
section 7002(1) of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1365), described in paragraph (2) are no
longer authorized beginning on the date of enactment of this
Act.
(2) Areas described.--
(A) First area.--The first areas described in this
paragraph are--
(i) beginning at a point N2950154.45,
E785995.64;
(ii) running southwesterly about 1451.63
feet to a point N2950113.83, E784544.58;
(iii) running southeasterly about 54.00
feet to a point N2950059.85, E784546.09;
(iv) running southwesterly about 1335.82
feet to a point N2950022.48, E783210.79;
(v) running northwesterly about 83.00 feet
to a point N2950105.44, E783208.47;
(vi) running northeasterly about 2787.45
feet to a point N2950183.44, E785994.83; and
(vii) running southeasterly about 29.00
feet to the point described in clause (i).
(B) Second area.--The second areas described in
this paragraph are--
(i) beginning at a point N2950502.86,
E785540.84;
(ii) running northeasterly about 46.11 feet
to a point N2950504.16, E785586.94;
(iii) running southwesterly about 25.67
feet to a point N2950480.84, E785576.18;
(iv) running southwesterly to a point
N2950414.32, E783199.83;
(v) running northwesterly about 8.00 feet
to a point N2950422.32, E783199.60;
(vi) running northeasterly about 2342.58
feet to a point N2950487.87, E785541.26; and
(vii) running northwesterly about 15.00
feet to the point described in clause (i).
(b) 35-Foot Reserved Channel.--
(1) In general.--The portions of the project for
navigation, Boston Harbor, Massachusetts, authorized by the
first section of the Act of October 17, 1940 (54 Stat. 1198,
chapter 895), and modified by section 101 of the River and
Harbor Act of 1958 (72 Stat. 297), described in paragraph (2)
are no longer authorized beginning on the date of enactment of
this Act.
(2) Areas described.--
(A) First area.--The first areas described in this
paragraph are--
(i) beginning at a point N2950143.44,
E787532.14;
(ii) running southeasterly about 22.21 feet
to a point N2950128.91, E787548.93;
(iii) running southwesterly about 4,339.42
feet to a point N2950007.48, E783211.21;
(iv) running northwesterly about 15.00 feet
to a point N2950022.48, E783210.79; and
(v) running northeasterly about 4,323.05
feet to the point described in clause (i).
(B) Second area.--The second areas described in
this paragraph are--
(i) beginning at a point N2950502.86,
E785540.84;
(ii) running southeasterly about 15.00 feet
to a point N2950487.87, E785541.26;
(iii) running southwesterly about 2342.58
feet to a point N2950422.32, E783199.60;
(iv) running southeasterly about 8.00 feet
to a point N2950414.32, E783199.83;
(v) running southwesterly about 1339.12
feet to a point N2950376.85, E781861.23;
(vi) running northwesterly about 23.00 feet
to a point N2950399.84, E781860.59; and
(vii) running northeasterly about 3681.70
feet to the point described in clause (i).
SEC. 1315. CORPS OF ENGINEERS BRIDGE REPAIR PROGRAM FOR NEW ENGLAND
EVACUATION ROUTES.
Subject to the availability of appropriations, the Secretary may
repair or replace, as necessary, any bridge owned and operated by the
Secretary that is--
(1) located in any of the States of Connecticut, Maine,
Massachusetts, New Hampshire, Rhode Island, or Vermont; and
(2) necessary for evacuation during an extreme weather
event, as determined by the Secretary.
SEC. 1316. PLYMOUTH HARBOR, MASSACHUSETTS.
The Secretary shall expedite and complete the dredging of Plymouth
Harbor, Massachusetts, as authorized by the Act of March 4, 1913 (37
Stat. 802, chapter 144) and the Act of September 22, 1922 (42 Stat.
1038, chapter 427).
SEC. 1317. PORTSMOUTH HARBOR AND PISCATAQUA RIVER.
The Secretary shall expedite the project for navigation for
Portsmouth Harbor and the Piscataqua River authorized by section 101 of
the River and Harbor Act of 1962 (76 Stat. 1173).
SEC. 1318. MISSOURI RIVER AND TRIBUTARIES AT KANSAS CITIES, MISSOURI
AND KANSAS.
The Secretary shall align the schedules of, and maximize
complimentary efforts, minimize duplicative practices, and ensure
coordination and information sharing with respect to--
(1) the project for flood damage reduction, Argentine, East
Bottoms, Fairfax-Jersey Creek, and North Kansas Levees Units,
Missouri River and tributaries at Kansas Cities, Missouri and
Kansas, authorized by section 1001(28) of the Water Resources
Development Act of 2007 (121 Stat. 1054); and
(2) the project for flood risk management, Armourdale and
Central Industrial District Levee Units, Missouri River and
Tributaries at Kansas Citys, Missouri and Kansas, authorized by
section 1401(2) of the Water Resources Development Act of 2016
(130 Stat. 1710).
SEC. 1319. HAMPTON HARBOR, NEW HAMPSHIRE, NAVIGATION IMPROVEMENT
PROJECT.
In carrying out the project for navigation, Hampton Harbor, New
Hampshire, under section 107 of the River and Harbor Act of 1960 (33
U.S.C. 577), the Secretary shall use all existing authorities of the
Secretary to mitigate severe shoaling.
SEC. 1320. PASSAIC RIVER FEDERAL NAVIGATION CHANNEL, NEW JERSEY.
(a) Definition of Passaic River Navigation Project.--In this
section, the term ``Passaic River navigation project'' means the
project for the Passaic River Federal navigation channel, New Jersey,
described in the document of the New York District of the Corps of
Engineers numbered 207075, entitled ``Lower Passaic River Commercial
Navigation Analysis'', and dated March 2007, as revised in December
2008 and July 2010.
(b) Deauthorization.--
(1) In general.--The portion of the Passaic River
navigation project described in paragraph (2) is deauthorized.
(2) Description of portion.--The portion of the Passaic
River navigation project referred to in paragraph (1) is the
portion from river mile 1.7 to river mile 15.4, as bounded by--
(A) the coordinates of--
(i) West Longitude 074 10.33047" W;
(ii) North Latitude 40 51.99988" N;
(iii) East Longitude 074 06.05923" W; and
(iv) South Latitude 40 43.2217" N; and
(B) the New Jersey State Plane (US Survey Feet,
NAD-83), as follows: Upper Left x731 592941.27 y731
739665.34; Upper Right x731 602477.94 y731 740791.62;
Lower Left x731 582974.17 y731 692561.62; Lower Right
x731 598345.10 y731 691219.09.
(c) Modification.--
(1) In general.--The depth of the portion of the Passaic
River navigation project described in paragraph (2) is modified
from 30 feet to 20 feet (using the Mean Lower Low Water datum).
(2) Description of portion.--The portion of the Passaic
River navigation project referred to in paragraph (1) is the
portion from river mile 0.6 to river mile 1.7, as bounded by--
(A) the coordinates of--
(i) West Longitude 074 07.43471" W;
(ii) North Latitude 40 44.32682" N;
(iii) East Longitude 074 06.61586" W; and
(iv) South Latitude 40 42.39342" N; and
(B) the New Jersey State Plane (US Survey Feet,
NAD-83), as follows: Upper Left x731 597440.36 y731
691333.92; Upper Right x731 598345.10 y731 691219.09;
Lower Left x731 596416.01 y731 685597.99; Lower Right
x731 597351.18 y731 685596.08.
SEC. 1321. FARGO-MOORHEAD METROPOLITAN AREA DIVERSION PROJECT, NORTH
DAKOTA.
(a) Exemption.--Subject to subsections (b) and (c), notwithstanding
section 404(b)(2)(B)(ii) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c(b)(2)(B)(ii)), and any
regulations promulgated to carry out that section, beginning on the
date of enactment of this Act, any property in the State of North
Dakota that was acquired through hazard mitigation assistance provided
under section 203 of that Act (42 U.S.C. 5133), section 404 of that Act
(42 U.S.C. 5170c), or section 1366 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4104c), that was subject to any open space deed
restriction is exempt from those restrictions to the extent necessary
to complete the Fargo-Moorhead Metropolitan Area Diversion Project
authorized by section 7002(2) of the Water Resources Reform and
Development Act of 2014 (128 Stat. 1366).
(b) Conditions.--As a condition of the exemption under subsection
(a)--
(1) no new or additional structure unrelated to the Project
may be erected on the property unless the new or additional
structure is in compliance with section 404(b)(2)(B)(ii) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170c(b)(2)(B)(ii)); and
(2) any subsequent use of the land on the property that is
unrelated to the Project shall comply with that section.
(c) Disaster Assistance Prohibited.--After the date of enactment of
this Act, no disaster assistance from any Federal source may be
provided with respect to any improvements made on the property referred
to in subsection (a).
(d) Savings Provision.--Nothing in this section affects the
responsibility of any entity to comply with all other applicable laws
(including regulations) with respect to the properties described in
subsection (a).
SEC. 1322. CLATSOP COUNTY, OREGON.
The portions of the project for raising and improving existing
levees of Clatsop County Diking District No. 13, in Clatsop County,
Oregon, authorized by section 5 of the Act of June 22, 1936 (49 Stat.
1590), that are referred to as Christensen No. 1 Dike No. 42 and
Christensen No. 2 Levee No. 43 are no longer authorized beginning on
the date of enactment of this Act.
SEC. 1323. SVENSEN ISLAND, OREGON.
The project for flood risk management, Svensen Island, Oregon,
authorized by section 204 of the Flood Control Act of 1950 (64 Stat.
180), is no longer authorized beginning on the date of enactment of
this Act.
SEC. 1324. WEST TENNESSEE TRIBUTARIES PROJECT, TENNESSEE.
The unconstructed portions of the West Tennessee tributaries
project along the Obion and Forked Deer Rivers, Tennessee, authorized
by section 203 of the Flood Control Act of 1948 (62 Stat. 1178), and
modified by section 207 of the Flood Control Act of 1966 (80 Stat.
1423), section 3(a) of the Water Resources Development Act of 1974 (88
Stat. 14), and section 183 of the Water Resources Development Act of
1976 (90 Stat. 2940), are no longer authorized beginning on the date of
enactment of this Act.
SEC. 1325. PUGET SOUND NEARSHORE ECOSYSTEM RESTORATION.
Section 544(f) of the Water Resources Development Act of 2000
(Public Law 106-541; 114 Stat. 2675) is amended--
(1) by striking ``$40,000,000'' and inserting
``$60,000,000''; and
(2) by striking ``$5,000,000'' and inserting
``$10,000,000''.
SEC. 1326. MILWAUKEE HARBOR, MILWAUKEE, WISCONSIN.
The portion of the project for navigation, Milwaukee Harbor,
Milwaukee, Wisconsin, authorized by the first section of the Act of
March 3, 1843 (5 Stat. 619; chapter 85), consisting of the navigation
channel within the Menomonee River that extends from the 16th Street
Bridge upstream to the upper limit of the authorized navigation channel
and described as follows is no longer authorized beginning on the date
of enactment of this Act:
(1) Beginning at a point in the channel just downstream of
the 16th Street Bridge, N383219.703, E2521152.527.
(2) Thence running westerly along the channel about 2,530.2
feet to a point, N383161.314, E2518620.712.
(3) Thence running westerly by southwesterly along the
channel about 591.7 feet to a point at the upstream limit of
the existing project, N383080.126, E2518036.371.
(4) Thence running northerly along the upstream limit of
the existing project about 80.5 feet to a point, N383159.359,
E2518025.363.
(5) Thence running easterly by northeasterly along the
channel about 551.2 feet to a point, N383235.185, E2518571.108.
(6) Thence running easterly along the channel about 2,578.9
feet to a point, N383294.677, E2521150.798.
(7) Thence running southerly across the channel about 74.3
feet to the point of origin.
SEC. 1327. PROJECT COMPLETION FOR DISASTER AREAS.
The Secretary shall expeditiously carry out any project for flood
risk management or hurricane and storm damage risk reduction authorized
as of the date of enactment of this Act to be carried out by the
Secretary in Texas, Florida, Georgia, Louisiana, South Carolina, the
Commonwealth of Puerto Rico, or the United States Virgin Islands.
SEC. 1328. FEDERAL ASSISTANCE.
(a) In General.--In accordance with the requirements of subsection
(b), the Secretary is authorized to provide assistance for the
operation and maintenance of a flood risk reduction project in the Red
River Basin of the North that was constructed, prior to the date of
enactment of this Act, under section 5(a) of the Act of August 18, 1941
(33 U.S.C. 701n(a)).
(b) Condition.--The Secretary may provide the assistance authorized
by subsection (a) for a project that, as determined by the Secretary,
becomes permanent due to the extended presence of assistance from the
Secretary under section 5(a) of the Act of August 18, 1941 (33 U.S.C.
701n(a)).
(c) Termination.--The authority to provide assistance under this
section terminates on the date that is 4 years after the date of
enactment of this section.
SEC. 1329. EXPEDITED INITIATION.
Section 1322(b)(2) of the Water Resources Development Act of 2016
(130 Stat. 1707) is amended, in the matter preceding subparagraph (A),
by inserting ``or, in a case in which a general reevaluation report for
the project is required, if such report has been submitted for
approval,'' after ``completed report,''.
SEC. 1330. PROJECT DEAUTHORIZATION AND STUDY EXTENSIONS.
(a) Project Deauthorizations.--Section 6003(a) of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 579c(a)) is
amended--
(1) by striking ``7-year period'' each place it appears and
inserting ``10-year period''; and
(2) by adding at the end the following:
``(3) Calculation.--In calculating the time period under
paragraph (1), the Secretary shall not include any period of
time during which the project is being reviewed and awaiting
determination by the Secretary to implement a locally preferred
plan for that project under section 1036(a).
``(4) Exception.--The Secretary shall not deauthorize any
project during the period described in paragraph (3).''.
(b) Study Extensions.--Section 1001(d)(4) of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2282c(d)(4)) is amended
by striking ``7 years'' and inserting ``10 years''.
SEC. 1331. CONVEYANCES.
(a) Cheatham County, Tennessee.--
(1) Conveyance authorized.--The Secretary may convey to
Cheatham County, Tennessee (in this subsection referred to as
the ``Grantee''), all right, title, and interest of the United
States in and to the real property in Cheatham County,
Tennessee, consisting of approximately 9.19 acres, identified
as portions of tracts E-514-1, E-514-2, E-518-1, E-518-2, E-
519-1, E-537-1, and E-538, all being part of the Cheatham Lock
and Dam project at CRM 158.5, including any improvements
thereon.
(2) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States, to include retaining the
right to inundate with water any land transferred under this
subsection.
(3) Consideration.--The Grantee shall pay to the Secretary
an amount that is not less than the fair market value of the
land conveyed under this subsection, as determined by the
Secretary.
(4) Subject to existing easements and other interests.--The
conveyance of property under this section shall be subject to
all existing easements, rights-of-way, and leases that are in
effect as of the date of the conveyance.
(b) Nashville, Tennessee.--
(1) Conveyance authorized.--The Secretary may convey,
without consideration, to the City of Nashville, Tennessee (in
this subsection referred to as the ``City''), all right, title,
and interest of the United States in and to the real property
covered by Lease No. DACW62-1-84-149, including any
improvements thereon, at the Riverfront Park Recreational
Development, consisting of approximately 5 acres, subject to
the right of the Secretary to retain any required easements in
the property.
(2) Conveyance agreement.--The Secretary shall convey by
quitclaim the real property described in paragraph (1) under
the terms and conditions mutually satisfactory to the Secretary
and the City. The deed shall provide that in the event that the
City, its successors, or assigns cease to maintain improvements
for recreation included in the conveyance or otherwise utilize
the real property conveyed for purposes other than recreation
and compatible flood risk management, the City, its successor,
or assigns shall repay to the United States the Federal share
of the cost of constructing the improvements for recreation
under the agreement between the United States and the City
dated December 8, 1981, increased as necessary to account for
inflation.
(c) Locks and Dams 1 Through 4, Kentucky River, Kentucky.--
(1) In general.--Beginning on the date of enactment of this
Act, commercial navigation at Locks and Dams 1 through 4,
Kentucky River, Kentucky, shall no longer be authorized, and
the land and improvements associated with the locks and dams
shall be disposed of consistent with this subsection and in
accordance with the report of the Director of Civil Works
entitled ``Kentucky River Locks and Dams 1, 2, 3, and 4,
Disposition Study and Integrated Environmental Assessment'' and
dated April 20, 2018.
(2) Disposition.--The Secretary shall convey to the State
of Kentucky (referred to in this section as the ``State''), for
the use and benefit of the Kentucky River Authority, all right,
title, and interest of the United States, together with any
improvements on the land, including improvements located in the
Kentucky River, in and to--
(A) Lock and Dam 1, located in Carroll County,
Kentucky;
(B) Lock and Dam 2, located in Owen and Henry
counties, Kentucky;
(C) Lock and Dam 3, located in Owen and Henry
counties, Kentucky; and
(D) Lock and Dam 4, located in Franklin County,
Kentucky.
(3) Conditions.--
(A) Quitclaim deed.--The Secretary shall convey the
property described in paragraph (2) by quitclaim deed
to such State under such terms and conditions as the
Secretary determines appropriate to protect the
interests of the United States.
(B) Administrative costs.--The Secretary shall be
responsible for all administrative costs associated
with a conveyance under this subsection, including the
costs of any surveys the Secretary determines to be
necessary.
(C) Improvements prohibited.--
(i) In general.--The Secretary may not
improve the locks and dams and land and
improvements associated with the locks and dams
described in this subsection on or after the
date of enactment of this Act.
(ii) Savings clause.--Nothing in
subparagraph (A) prohibits the State from
improving the locks and dams and the land and
improvements associated with the locks and dams
described in this subsection on or after the
date of conveyance under this subsection.
(4) Savings clause.--If the State does not accept the
conveyance under this subsection of the land and improvements
associated with the locks and dams described in this
subsection, the Secretary may dispose of the land and
improvements under subchapter III of chapter 5 of title 40,
United States Code.
(d) Bainbridge, Georgia.--
(1) In general.--On the date of enactment of this Act, the
Secretary of the Army shall convey to the City of Bainbridge,
Georgia, without consideration and subject to subsection (b),
all right, title, and interest in and to real property
described in subsection (c).
(2) Terms and conditions.--
(A) In general.--The conveyance by the United
States under this subsection shall be subject to--
(i) the condition that the City of
Bainbridge agrees to operate, maintain, and
manage the property for fish and wildlife,
recreation, and environmental purposes at no
cost or expense to the United States; and
(ii) such other terms and conditions as the
Secretary determines to be in the interest of
the United States.
(B) Reversion.--If the Secretary determines that
the real property conveyed under paragraph (1) ceases
to be held in public ownership or the city ceases to
operate, maintain, and manage the real property in
accordance with this subsection, all right, title, and
interest in and to the property shall revert to the
United States, at the option of the Secretary.
(3) Property.--The property to be conveyed is composed of
the following three parcels of land:
(A) Parcel 1.--All that tract or parcel of land
lying and being in Land Lots 226. and 228, Fifteenth
Land District, and Land Lots 319, 320, 321, 322, 323
and 358, Twentieth Land District, Decatur County,
Georgia, more particularly described as follows:
Beginning at a concrete monument stamped ``358''
which is 950 feet, more or less, North of the South
line and 600 feet, more or less, West of the East line
of said Land Lot 358, at a corner of a tract of land
owned by the United States of America at Lake Seminole
and at plane coordinate position North 318,698.72 feet
and East 360,033.38 feet based on Transverse Mercator
Projection, Georgia West Zone;
Thence Due West 75 feet, more or less, to the
contour at elevation 77.0 feet above Mean Sea Level;
Thence Northeasterly along the meanders of said
77.0 foot contour a distance of 20,600 feet, more or
less, to the mouth of the entrance channel to the arena
and boat basin;
Thence N 75 E 150 feet, more or less, to another
point on said 77.0 foot contour;
Thence Northeasterly along the meanders of said
77.0 foot contour a distance of 3,300 feet, more or
less, to a point which is on the boundary of said
United States tract and on the boundary of a tract of
land now or formerly owned by the City of Bainbridge,
Georgia;
Thence along the boundary of said United States
tract the following courses:
S 10 52' E along the boundary of said City
of Bainbridge tract 830 feet, more or less, to
a corner of said tract;
S 89 45' E along the boundary of said City
of Bainbridge tract 700 feet, more or less, to
a concrete monument stamped ``J1A'',
coordinates of said monument being North
328,902.34 feet and East 369,302.33 feet;
S 22 25' W 62 feet, more or less, to a
corner of another tract of land owned by the
City of Bainbridge, Georgia;
S 88 07' W along the boundary of said City
of Bainbridge tract 350 feet, more or less to a
corner of said tract;
N 84 00' W along the boundary of said City
of Bainbridge tract 100.5 feet to a corner said
tract;
S 88 07' W along the boundary of said City
of Bainbridge tract 300.0 feet to a corner of
said tract;
S 14 16' W along boundary of said City of
Bainbridge tract 89.3 feet to a corner of said
tract;
Southwesterly along the boundary of said
City of Bainbridge tract which is along a curve
to the right with a radius of 684.69 feet an
arc distance of 361.8 feet to a corner of said
tract;
S 30 00' W along the boundary of said City
of Bainbridge tract 294.0 feet to a corner of
said tract;
S 10 27' W along the boundary of said City
of Bainbridge tract 385.0 feet to a corner of
said tract;
N 73 31' W 38 feet, more or less, to a
concrete monument;
S 16 25' W 563.7 feet to a concrete
monument stamped ``J7A'';
S 68 28' W 719.5 feet to a concrete
monument stamped ``J9A'';
S 68 28' W 831.3 feet to a concrete
monument stamped ``J12A'';
S 89 39' E 746.7 feet to a concrete
monument stamped ``J11A'';
S 01 22' W 80.0 feet to a concrete
monument stamped ``J11B'';
N 89 39' W 980.9 feet to a concrete
monument stamped ``J13A'';
S 01 21' W 560.0 feet to a concrete
monument stamped ``J15A'';
S 37 14' W 1,213.0 feet;
N 52 46' W 600.0 feet;
S 37 14' W 1,000.0 feet;
S 52 46' E 600.0 feet;
S 37 14' W 117.0 feet to a concrete
monument stamped ``320/319'';
S 37 13' W 1,403.8 feet to a concrete
monument stamped ``322/319'';
S 37 13' W 2,771.4 feet to a concrete
monument stamped ``322/323'';
S 37 13' W 1,459.2 feet;
N 89 04' W 578.9 feet;
S 53 42' W 367.7 feet;
S 43 42' W 315.3 feet;
S 26 13' W 654.9 feet, more or less, to
the point of beginning.
Containing 550.00 acres, more or less, and being a
part of Tracts L-1105 and L-1106 of Lake Seminole.
(B) Parcel 2.--All that tract or parcel of land
lying and lying and being in Land Lot 226, Fifteenth
Land District, Decatur County, Georgia, more
particularly described as follows:
Beginning at a point which is on the East right-of-
way line of the Seaboard Airline Railroad, 215 feet
North of the South end of the trestle over the Flint
River, and at a corner of a tract of land owned by the
United States of America at Lake Seminole;
Thence Southeasterly along the boundary of said
United States tract which is along a curve to the right
a distance of 485 feet, more or less, to a point which
is 340 feet, more or less, S 67 00' E from the South
end of said trestle, and at a corner of said United
States tract;
Thence N 70 00' E along the boundary of said
United States tract 60.0 feet to a corner of said
tract;
Thence Northerly along the boundary of said United
States tract which is along a curve to the right a
distance of 525 feet, more or less, to a corner of said
tract;
Thence S 05 00' W along the boundary of said
United States tract 500.0 feet to a corner of said
tract;
Thence Due West along the boundary of said United
States tract 370 feet, more or less, to a point which
is on the East right-of-way line of said railroad and
at a corner of said United States tract;
Thence N 13 30' W along the boundary of said
United States tract which is along the East right-of-
way line of said railroad a distance of 310 feet, more
or less, to the point of beginning.
Containing 3.67 acres, more or less, and being all
of Tract L-1124 of Lake Seminole.
Parcels 1 and 2 contain in the aggregate 553.67
acres, more or less.
(C) Parcel 3.--All that tract or panel of land
lying and being in Land Lot 225, Fifteenth Land
District, Decatur County, Georgia, more particularly
described as follows:
Beginning at an iron marker designated ``225/226/
'', which is on the South line and 500 feet, more or
less, West of the Southeast corner of said Land Lot 225
at a corner of a tract of land owned by the United
States of America at Lake Seminole and at plane
coordinate position North 330,475.82 feet and East
370,429.36 feet, based on Transverse Mercator
Projection, Georgia West Zone;
Thence Due West along the boundary of said United
States tract a distance of 53.0 feet to a monument
stamped ``225/226-A'';
Thence continue Due West along the boundary of said
United States tract a distance of 56 feet, more or
less, to a point on the East bank of the Flint River;
Thence Northerly, upstream, along the meanders of
the East bank of said river a distance of 1,200 feet,
more or less, to a point which is on the Southern
right-of-way line of U.S. Highway No. 84 and at a
corner of said United States tract;
Thence Easterly and Southeasterly along the
Southern right-of-way line of said highway, which is
along the boundary of said United States tract a
distance of 285 feet, more or less, to a monument
stamped ``L-23-1'', the coordinates of said monument
being North 331,410.90 and East 370,574.96;
Thence S 02 25' E along the boundary of said
United States tract a distance of 650.2 feet to a
monument stamped ``225-A'';
Thence S 42 13' E along the boundary of said
United States tract a distance of 99.8 feet to a
monument stamped ``225'';
Thence S 48 37' W along the boundary of said
United States tract a distance of 319.9 feet, more or
less, to the point of beginning.
Containing 4.14 acres, more or less, and being all
of Tract L-1123 of the Lake Seminole Project.
(e) Port of Whitman County, Washington.--
(1) Definitions.--In this subsection:
(A) Federal land.--The term ``Federal land'' means
the approximately 288 acres of land situated in Whitman
County, Washington, contained within Tract D of Little
Goose Lock and Dam.
(B) Non-federal land.--The term ``non-Federal
land'' means a tract or tracts of land owned by the
Port of Whitman County, Washington, that the Secretary
determines, with approval of the Washington Department
of Fish and Wildlife and the Secretary of the Interior
acting through the Director of the United States Fish
and Wildlife Service, equals or exceeds the value of
the Federal land both as habitat for fish and wildlife
and for recreational opportunities related to fish and
wildlife.
(2) Land exchange.--On conveyance by the Port of Whitman
County to the United States of all right, title, and interest
in and to the non-Federal land, the Secretary of the Army shall
convey to the Port of Whitman County all right, title, and
interest of the United States in and to the Federal land.
(3) Deeds.--
(A) Deed to non-federal land.--The Secretary may
only accept conveyance of the non-Federal land by
warranty deed, as determined acceptable by the
Secretary.
(B) Deed to federal land.--The Secretary shall
convey the Federal land to the Port of Whitman County
by quitclaim deed and subject to any reservations,
terms, and conditions the Secretary determines
necessary to allow the United States to operate and
maintain the Lower Snake River Project and to protect
the interests of the United States.
(4) Cash payment.--If the appraised fair market value of
the Federal land, as determined by the Secretary, exceeds the
appraised fair market value of the non-Federal land, as
determined by the Secretary, the Port of Whitman County shall
make a cash payment to the United States reflecting the
difference in the appraised fair market values.
(5) Administrative expenses.--The Port of Whitman County
shall be responsible for the administrative costs of the
transaction in accordance with section 2695 of title 10, United
States Code.
(f) Fort Dupont, Delaware.--
(1) In general.--Subject to paragraph (2), not later than
180 days after the date of enactment of this Act, the Secretary
shall transfer--
(A) all right, title, and interest in and to a
parcel of land known as that part of the Original
Acquisition (OADE) Tract that includes the bed and
banks of the Delaware Branch Channel on the north side
of the Fifth Street Bridge, Delaware City, Delaware,
containing approximately 31.6 acres of land, to the
Fort DuPont Redevelopment and Preservation Corporation
(herein referred to as ``the Grantee''); and
(B) all right, title, and interest in and to the
Fifth Street Bridge, together with the land known as
that part of the Original Acquisition (OADE) Tract that
includes the banks and bed of the Delaware Branch
Channel, Delaware City, Delaware, containing
approximately 0.27 acres of land, to the State of
Delaware.
(2) Conditions.--
(A) State approval.--Before making a transfer under
paragraph (1), the Secretary shall ensure that the
Governor of Delaware agrees to the transfer.
(B) Toll-free bridge.--Before making a transfer
under subparagraph (1)(B), the Governor of Delaware
shall agree to ensure that no toll is imposed for use
of the bridge referred to in that subsection, in
accordance with section 109 of the River and Harbor Act
of 1950 (33 U.S.C. 534).
(C) Survey.--The exact acreage and legal
description of the land to be transferred under
paragraph (1) shall be determined by a survey
satisfactory to the Secretary and the Governor of
Delaware.
(D) Costs.--Any administrative costs for the
transfer under paragraph (1) shall be paid by Fort
DuPont Redevelopment and Preservation Corporation, the
State of Delaware, or a combination of those entities.
(3) Consideration.--The Grantee shall pay to the Secretary
an amount that is not less than the fair market value of the
land conveyed to the Grantee under this subsection, as
determined by the Secretary.
(g) Tuscaloosa, Alabama.--As soon as practicable after the date of
enactment of this Act, the Secretary of the Army shall convey by
quitclaim deed to the City of Tuscaloosa, Alabama, at fair market
value, the lands owned by the United States adjacent to the Black
Warrior River on the south side below the U.S. Highway 43 bridge,
including the south wall of the Old Oliver Lock, and extending to the
Corps' current recreation area, that the Secretary determines are no
longer required for operation and maintenance of the Oliver Lock and
Dam.
(h) Generally Applicable Provisions.--
(1) Survey to obtain legal description.--The exact acreage
and the legal description of any real property to be conveyed
under this section shall be determined by a survey that is
satisfactory to the Secretary.
(2) Applicability of property screening provisions.--
Section 2696 of title 10, United States Code, shall not apply
to any conveyance under this section.
(3) Additional terms and conditions.--The Secretary may
require that any conveyance under this section be subject to
such additional terms and conditions as the Secretary considers
necessary and appropriate to protect the interests of the
United States.
(4) Costs of conveyance.--An entity to which a conveyance
is made under this section shall be responsible for all
reasonable and necessary costs, including real estate
transaction and environmental documentation costs, associated
with the conveyance.
(5) Liability.--An entity to which a conveyance is made
under this section shall hold the United States harmless from
any liability with respect to activities carried out, on or
after the date of the conveyance, on real property conveyed.
The United States shall remain responsible for any liability
with respect to activities carried out, before such date, on
the real property conveyed.
SEC. 1332. REPORT ON FUTURE WATER RESOURCES DEVELOPMENT.
(a) Programmatic Modification.--Section 7001 of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2282d(a)) is amended--
(1) in subsection (a) by adding at the end the following:
``(4) Programmatic modifications.--Any programmatic
modification for an environmental infrastructure assistance
program.'';
(2) in subsection (b)(1) by striking ``studies and proposed
modifications to authorized water resources development
projects and feasibility studies'' and inserting ``studies,
proposed modifications to authorized water resources
development projects and feasibility studies, and proposed
modifications for an environmental infrastructure program'';
(3) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(4) by inserting after subsection (c) the following:
``(d) Programmatic Modifications in Annual Report.--The Secretary
shall include in the annual report only proposed modifications for an
environmental infrastructure assistance program that have not been
included in any previous annual report. For each proposed modification,
the Secretary shall include a letter or statement of support for the
proposed modification from each associated non-Federal interest,
description of assistance provided, and total Federal cost of
assistance provided.''; and
(5) by striking subsection (c)(4) and inserting the
following:
``(4) Appendix.--
``(A) In general.--The Secretary shall include in
the annual report an appendix listing the proposals
submitted under subsection (b) that were not included
in the annual report under paragraph (1)(A) and a
description of why the Secretary determined that those
proposals did not meet the criteria for inclusion under
such paragraph.
``(B) Limitation.--In carrying out the activities
described in this section--
``(i) the Secretary shall not include
proposals in the appendix of the annual report
that otherwise meet the criteria for inclusion
in the annual report solely on the basis of the
Secretary's determination that the proposal
requires legislative changes to an authorized
water resources development project,
feasibility study, or environmental
infrastructure program; and
``(ii) the Secretary shall not include
proposals in the appendix of the annual report
that otherwise meet the criteria for inclusion
in the annual report solely on the basis of a
policy of the Secretary.''.
(b) Savings Clause.--Notwithstanding the third sentence of section
1001(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C.
579a(b)(2)), projects and separable elements of projects identified in
the fiscal year 2017 report prepared in accordance with such section
and submitted to Congress on December 15, 2016, shall not be
deauthorized unless such projects and separable elements meet the
requirements of section 1301(b)(1)(A) of the Water Resources
Development Act of 2016 (130 Stat. 1687).
Subtitle D--Water Resources Infrastructure
SEC. 1401. PROJECT AUTHORIZATIONS.
The following projects for water resources development and
conservation and other purposes, as identified in the reports titled
``Report to Congress on Future Water Resources Development'' submitted
to Congress on March 17, 2017, and February 5, 2018, respectively,
pursuant to section 7001 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by Congress are
authorized to be carried out by the Secretary substantially in
accordance with the plans, and subject to the conditions, described in
the respective reports or decision documents designated in this
section:
(1) Navigation.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. AR Three Rivers September 6, Total: $184,395,000 (to be
Southeast 2018 derived \1/2\ from the
Arkansas general fund of the
Treasury and \1/2\ from
the Inland Waterways Trust
Fund)
------------------------------------------------------------------------
2. PR San Juan Harbor August 23, Federal: $41,345,840
2018 Non-Federal: $13,781,267
Total: $55,127,107
------------------------------------------------------------------------
3. TX Galveston Harbor Aug. 8, 2017 Federal: $10,444,000
Channel Extension Non-Federal: $3,481,000
Project, Houston- Total: $13,925,000
Galveston
Navigation
Channels
------------------------------------------------------------------------
4. WA Seattle Harbor June 7, 2018 Federal: $29,362,000
Navigation Non-Federal: $31,880,000
Improvement Total: $61,242,000
Project
------------------------------------------------------------------------
(2) Flood risk management.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. CA Lower San Joaquin July 31, 2018 Federal: $712,169,000
River Non-Federal: $383,475,000
Total: $1,095,644,000
------------------------------------------------------------------------
2. HI Ala Wai Canal Dec. 21, 2017 Federal: $212,754,000
Non-Federal: $114,560,000
Total: $327,313,000
------------------------------------------------------------------------
3. NY Mamaroneck- Dec. 14, 2017 Federal: $53,500,000
Sheldrake Rivers Non-Federal: $28,750,000
Total: $82,250,000
------------------------------------------------------------------------
(3) Hurricane and storm damage risk reduction.--
------------------------------------------------------------------------
C. Date of
Report of D. Estimated Initial
A. State B. Name Chief of Costs and Estimated
Engineers Renourishment Costs
------------------------------------------------------------------------
1. FL St. Johns County Aug. 8, 2017 Initial Federal: $5,873,283
Initial Non-Federal:
$19,661,924
Initial Total: $25,535,207
Renourishment Federal:
$9,751,788
Renourishment Non-Federal:
$45,344,169
Renourishment Total:
$55,095,957
------------------------------------------------------------------------
2. FL St. Lucie County Dec. 15, 2017 Initial Federal: $7,239,497
Initial Non-Federal:
$13,443,614
Initial Total: $20,683,110
Renourishment Federal:
$9,093,999
Renourishment Non-Federal:
$24,588,991
Renourishment Total:
$33,682,990
------------------------------------------------------------------------
3. TX Sabine Pass to Dec. 7, 2017 Federal: $2,200,357,000
Galveston Bay Non-Federal:
$1,184,807,000
Total: $3,385,164,000
------------------------------------------------------------------------
(4) Flood risk management and ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. NM Espanola Valley, May 11, 2018 Federal: $55,602,266
Rio Grande Non-Federal: $7,637,764
Total: $63,240,030
------------------------------------------------------------------------
(5) Ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. TX Resacas, in the September 6, Federal: $141,489,000
vicinity of the 2018 Non-Federal: $65,675,000
City of Total: $207,164,000
Brownsville
------------------------------------------------------------------------
(6) Modifications and other projects.--
------------------------------------------------------------------------
C. Date of
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. GA Savannah Harbor Dec. 5, 2016 Federal: $731,700,000
Expansion Project Non-Federal: $287,200,000
Total: $1,018,900,000
------------------------------------------------------------------------
2. MI Soo Locks, Sault June 29, 2018 Federal: $922,432,000
Ste. Marie Non-Federal: $0
Total: $922,432,000
------------------------------------------------------------------------
3. TN Chickamauga Lock July 19, 2018 Total: $757,666,000 (to be
Replacement derived \1/2\ from the
general fund of the
Treasury and \1/2\ from
the Inland Waterways Trust
Fund)
------------------------------------------------------------------------
SEC. 1402. SPECIAL RULES.
(a) St. Paul Harbor, Alaska.--Notwithstanding section 2008(c) of
the Water Resources Development Act of 2007 (Public Law 110-114; 121
Stat. 1074), the project for navigation, St. Paul Harbor, authorized by
section 101(b)(3) of the Water Resources Development Act of 1996 (110
Stat. 3667), shall be cost-shared substantially in accordance with the
costs established by section 105 of the Energy and Water Development
Appropriations Act, 2003 (117 Stat. 139).
(b) Espanola Valley, New Mexico.--The Secretary shall carry out the
project for flood risk management and ecosystem restoration, Espanola
Valley, Rio Grande and Tributaries, New Mexico, authorized by section
1401(4) of this Act substantially in accordance with terms and
conditions described in the Report of the Chief of Engineers, dated May
11, 2018, including, notwithstanding section 2008(c) of the Water
Resources Development Act of 2007 (Public Law 110-114; 121 Stat. 1074),
the recommended cost share.
SEC. 1403. NORFOLK HARBOR AND CHANNELS, VIRGINIA.
(a) In General.--The Secretary is authorized to further improve the
project for navigation, Norfolk Harbor and Channels, Virginia,
authorized by section 201 of the Water Resources Development Act of
1986 (100 Stat. 4090), substantially in accordance with the plans, and
subject to the conditions, described in the Report of the Chief of
Engineers dated June 29, 2018.
(b) Thimble Shoal Channel Widening.--The Secretary may carry out
additional modifications to the project described in subsection (a)
that are identified in the report titled ``Report to Congress on Future
Water Resources Development'' submitted to Congress on February 5,
2018, pursuant to section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d).
(c) Maximum Authorized Cost.--Notwithstanding section 902(a)(2)(B)
of the Water Resources Development Act of 1986 (33 U.S.C.
2280(a)(2)(B)), the maximum authorized cost for the project described
in subsection (a) shall not be modified for the improvements and
modifications authorized by subsections (a) and (b).
TITLE II--DRINKING WATER SYSTEM IMPROVEMENT
SEC. 2001. INDIAN RESERVATION DRINKING WATER PROGRAM.
(a) In General.--Subject to the availability of appropriations, the
Administrator of the Environmental Protection Agency shall carry out a
program to implement--
(1) 10 eligible projects described in subsection (b) that
are within the Upper Missouri River Basin; and
(2) 10 eligible projects described in subsection (b) that
are within the Upper Rio Grande Basin.
(b) Eligible Projects.--A project eligible to participate in the
program under subsection (a) is a project--
(1) that is on a reservation (as defined in section 3 of
the Indian Financing Act of 1974 (25 U.S.C. 1452)) that serves
a federally recognized Indian Tribe; and
(2) the purpose of which is to connect, expand, or repair
an existing public water system, as defined in section 1401(4)
of the Safe Drinking Water Act (42 U.S.C. 300f(4)), in order to
improve water quality, water pressure, or water services.
(c) Requirement.--In carrying out the program under subsection
(a)(1), the Administrator of the Environmental Protection Agency shall
select not less than one eligible project for a reservation that serves
more than one federally recognized Indian Tribe.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the program under subsection (a) $20,000,000
for each of fiscal years 2019 through 2022.
SEC. 2002. CLEAN, SAFE, RELIABLE WATER INFRASTRUCTURE.
Section 1452(k) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(k)) is amended--
(1) in paragraph (1)(D), by inserting ``and for the
implementation of efforts (other than actions authorized under
subparagraph (A)) to protect source water in areas delineated
pursuant to section 1453'' before the period at the end; and
(2) in paragraph (2)(E), by inserting ``, and to implement
efforts to protect source water,'' after ``wellhead protection
programs''.
SEC. 2003. STUDY ON INTRACTABLE WATER SYSTEMS.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is
amended by adding at the end the following:
``SEC. 1459C. STUDY ON INTRACTABLE WATER SYSTEMS.
``(a) Definition of Intractable Water System.--In this section, the
term `intractable water system' means a community water system or a
noncommunity water system--
``(1) that serves fewer than 1,000 individuals;
``(2) the owner or operator of which--
``(A) is unable or unwilling to provide safe and
adequate service to those individuals;
``(B) has abandoned or effectively abandoned the
community water system or noncommunity water system, as
applicable;
``(C) has defaulted on a financial obligation
relating to the community water system or noncommunity
water system, as applicable; or
``(D) fails to maintain the facilities of the
community water system or noncommunity water system, as
applicable, in a manner so as to prevent a potential
public health hazard; and
``(3) that is, as of the date of enactment of America's
Water Infrastructure Act of 2018--
``(A) in significant noncompliance with this Act or
any regulation promulgated pursuant to this Act; or
``(B) listed as having a history of significant
noncompliance with this title pursuant to section
1420(b)(1).
``(b) Study Required.--
``(1) In general.--Not later than 2 years after the date of
enactment of this section, the Administrator, in consultation
with the Secretary of Agriculture and the Secretary of Health
and Human Services, shall complete a study that--
``(A) identifies intractable water systems; and
``(B) describes barriers to delivery of potable
water to individuals served by an intractable water
system.
``(2) Report to congress.--Not later than 2 years after the
date of enactment of this section, the Administrator shall
submit to Congress a report describing findings and
recommendations based on the study under this subsection.''.
SEC. 2004. SENSE OF CONGRESS RELATING TO ACCESS TO NONPOTABLE WATER.
It is the sense of Congress that--
(1) access to nonpotable water sources for industry can
relieve the supply and demand challenges for potable water in
water-stressed regions throughout the United States; and
(2) water users are encouraged to continue implementing and
incentivizing nonpotable water reuse programs that will achieve
greater water savings and conservation needs.
SEC. 2005. DRINKING WATER INFRASTRUCTURE RESILIENCE AND SUSTAINABILITY.
Section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j-19a)
is amended--
(1) by redesignating subsection (j) as subsection (k);
(2) in subsection (k), as redesignated by paragraph (1), by
striking ``this section'' and inserting ``subsections (a)
through (j) of this section'';
(3) by inserting after subsection (i) the following:
``(j) State Response to Contaminants.--
``(1) In general.--The Administrator may, subject to the
terms and conditions of this section, issue a grant to a
requesting State, on behalf of an underserved community, so the
State may assist in, or otherwise carry out, necessary and
appropriate activities related to a contaminant--
``(A) that is determined by the State to--
``(i) be present in, or likely to enter
into, a public water system serving, or an
underground source of drinking water for, such
underserved community; and
``(ii) potentially present an imminent and
substantial endangerment to the health of
persons; and
``(B) with respect to which the State determines
appropriate authorities have not acted sufficiently to
protect the health of such persons.
``(2) Recovery of funds.--If, subsequent to the
Administrator's award of a grant to a State under this
subsection, any person or entity (including an eligible
entity), is found by the Administrator or a court of competent
jurisdiction to have caused or contributed to contamination
that was detected as a result of testing conducted, or treated,
with funds provided under this subsection, and such
contamination violated a law administered by the Administrator,
such person or entity shall, upon issuance of a final judgment
or settlement and the exhaustion of all appellate and
administrative remedies--
``(A) notify the Administrator in writing not later
than 30 days after such issuance of a final judgment or
settlement and the exhaustion of all appellate and
administrative remedies; and
``(B) promptly pay the Administrator an amount
equal to the amount of such funds.''; and
(4) by adding at the end the following:
``(l) Drinking Water Infrastructure Resilience and
Sustainability.--
``(1) Resilience and natural hazard.--The terms
`resilience' and `natural hazard' have the meaning given such
terms in section 1433(h).
``(2) In general.--The Administrator may establish and
carry out a program, to be known as the Drinking Water System
Infrastructure Resilience and Sustainability Program, under
which the Administrator, subject to the availability of
appropriations for such purpose, shall award grants in each of
fiscal years 2019 and 2020 to eligible entities for the purpose
of increasing resilience to natural hazards.
``(3) Use of funds.--An eligible entity may only use grant
funds received under this subsection to assist in the planning,
design, construction, implementation, operation, or maintenance
of a program or project that increases resilience to natural
hazards through--
``(A) the conservation of water or the enhancement
of water use efficiency;
``(B) the modification or relocation of existing
drinking water system infrastructure made, or that is
at risk of being, significantly impaired by natural
hazards, including risks to drinking water from
flooding;
``(C) the design or construction of desalination
facilities to serve existing communities;
``(D) the enhancement of water supply through the
use of watershed management and source water
protection;
``(E) the enhancement of energy efficiency or the
use and generation of renewable energy in the
conveyance or treatment of drinking water; or
``(F) the development and implementation of
measures to increase the resilience of the eligible
entity to natural hazards.
``(4) Application.--To seek a grant under this subsection,
the eligible entity shall submit to the Administrator an
application that--
``(A) includes a proposal of the program or project
to be planned, designed, constructed, implemented,
operated, or maintained by the eligible entity;
``(B) identifies the natural hazard risk to be
addressed by the proposed program or project;
``(C) provides documentation prepared by a Federal,
State, regional, or local government agency of the
natural hazard risk to the area where the proposed
program or project is to be located;
``(D) includes a description of any recent natural
hazard events that have affected the applicable water
system;
``(E) includes a description of how the proposed
program or project would improve the performance of the
system under the anticipated natural hazards; and
``(F) explains how the proposed program or project
is expected to enhance the resilience of the system to
the anticipated natural hazards.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $4,000,000 for
each of fiscal years 2019 and 2020.''.
SEC. 2006. VOLUNTARY SCHOOL AND CHILD CARE PROGRAM LEAD TESTING GRANT
PROGRAM ENHANCEMENT.
(a) Voluntary School and Child Care Program Lead Testing Grant
Program Enhancement.--Section 1464(d) of the Safe Drinking Water Act
(42 U.S.C. 300j-24(d)) is amended--
(1) in paragraph (2), by adding at the end the following:
``(C) Technical assistance.--In carrying out the
grant program under subparagraph (A), beginning not
later than 1 year after the date of enactment of
America's Water Infrastructure Act of 2018, the
Administrator shall provide technical assistance to
recipients of grants under this subsection--
``(i) to assist in identifying the source
of lead contamination in drinking water at
schools and child care programs under the
jurisdiction of the grant recipient;
``(ii) to assist in identifying and
applying for other Federal and State grant
programs that may assist the grant recipient in
eliminating lead contamination described in
clause (i);
``(iii) to provide information on other
financing options in eliminating lead
contamination described in clause (i); and
``(iv) to connect grant recipients with
nonprofit and other organizations that may be
able to assist with the elimination of lead
contamination described in clause (i).'';
(2) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively;
(3) by inserting after paragraph (3) the following
paragraph:
``(4) Priority.--In making grants under this subsection,
the Administrator shall give priority to States and local
educational agencies that will assist in voluntary testing for
lead contamination in drinking water at schools and child care
programs that are in low-income areas.''; and
(4) in paragraph (8) (as redesignated by paragraph (2) of
this section)--
(A) by striking ``is authorized'' and inserting
``are authorized''; and
(B) by striking ``2021'' and inserting ``2019, and
$25,000,000 for each of fiscal years 2020 and 2021''.
(b) Drinking Water Fountain Replacement for Schools.--
(1) In general.--Part F of the Safe Drinking Water Act (42
U.S.C. 300j-21 et seq.) is amended by adding at the end the
following:
``SEC. 1465. DRINKING WATER FOUNTAIN REPLACEMENT FOR SCHOOLS.
``(a) Establishment.--Not later than 1 year after the date of
enactment of this section, the Administrator shall establish a grant
program to provide assistance to local educational agencies for the
replacement of drinking water fountains manufactured prior to 1988.
``(b) Use of Funds.--Funds awarded under the grant program--
``(1) shall be used to pay the costs of replacement of
drinking water fountains in schools; and
``(2) may be used to pay the costs of monitoring and
reporting of lead levels in the drinking water of schools of a
local educational agency receiving such funds, as determined
appropriate by the Administrator.
``(c) Priority.--In awarding funds under the grant program, the
Administrator shall give priority to local educational agencies based
on economic need.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2019 through 2021.''.
(2) Definitions.--Section 1461(5) of the Safe Drinking
Water Act (42 U.S.C. 300j-21(5)) is amended by inserting ``or
drinking water fountain'' after ``water cooler'' each place it
appears.
SEC. 2007. INNOVATIVE WATER TECHNOLOGY GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a public water system (as defined under section
1401(4) of the Safe Drinking Water Act (42 U.S.C.
300f(4)));
(B) an institution of higher education;
(C) a research institution or foundation;
(D) a regional water organization; or
(E) a nonprofit organization described in section
1442(e)(8) of the Safe Drinking Water Act (42 U.S.C.
300j-1(e)(8)).
(b) Grant Program Authorized.--The Administrator shall carry out a
grant program for the purpose of accelerating the development and
deployment of innovative water technologies that address pressing
drinking water supply, quality, treatment, or security challenges of
public water systems, areas served by private wells, or source waters.
(c) Grants.--In carrying out the program under subsection (b), the
Administrator shall make grants to eligible entities--
(1) to develop, test, and deploy innovative water
technologies; or
(2) to provide technical assistance to deploy demonstrated
innovative water technologies.
(d) Selection Criteria.--In making grants under this section, the
Administrator shall--
(1) award grants through a competitive process to eligible
entities the Administrator determines are best able to carry
out the purpose of the program; and
(2) give priority to projects that have the potential--
(A) to reduce ratepayer or community costs or costs
of future capital investments;
(B) to significantly improve human health or the
environment; or
(C) to provide additional drinking water supplies
with minimal environmental impact.
(e) Cost-Sharing.--The Federal share of the cost of activities
carried out using a grant under this section shall be not more than 65
percent.
(f) Limitation.--The maximum amount of a grant under this section
shall be $5,000,000.
(g) Report.--Each year, the Administrator shall submit to Congress
and make publicly available on the website of the Administrator a
report that describes any advancements during the previous year in
development of innovative water technologies made as a result of
funding provided under this section.
(h) Partnerships.--Grants awarded under this program may include
projects that are carried out by an eligible entity in cooperation with
a private entity, including a farmer, farmer cooperative, or
manufacturer of water technologies.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2019 and 2020.
SEC. 2008. IMPROVED CONSUMER CONFIDENCE REPORTS.
Section 1414(c)(4) of the Safe Drinking Water Act (42 U.S.C. 300g-
3(c)(4)) is amended--
(1) in the heading for subparagraph (A), by striking
``Annual reports'' and inserting ``Reports'';
(2) in subparagraph (A), by inserting ``, or provide by
electronic means,'' after ``to mail'';
(3) in subparagraph (B)--
(A) in clause (iv), by striking ``the
Administrator, and'' and inserting ``the Administrator,
including corrosion control efforts, and''; and
(B) by adding at the end the following clause:
``(vii) Identification of, if any--
``(I) exceedances described in
paragraph (1)(D) for which corrective
action has been required by the
Administrator or the State (in the case
of a State exercising primary
enforcement responsibility for public
water systems) during the monitoring
period covered by the consumer
confidence report; and
``(II) violations that occurred
during the monitoring period covered by
the consumer confidence report.''; and
(4) by adding at the end the following new subparagraph:
``(F) Revisions.--
``(i) Understandability and frequency.--Not
later than 24 months after the date of
enactment of America's Water Infrastructure Act
of 2018, the Administrator, in consultation
with the parties identified in subparagraph
(A), shall issue revisions to the regulations
issued under subparagraph (A)--
``(I) to increase--
``(aa) the readability,
clarity, and understandability
of the information presented in
consumer confidence reports;
and
``(bb) the accuracy of
information presented, and risk
communication, in consumer
confidence reports; and
``(II) with respect to community
water systems that serve 10,000 or more
persons, to require each such community
water system to provide, by mail,
electronic means, or other methods
described in clause (ii), a consumer
confidence report to each customer of
the system at least biannually.
``(ii) Electronic delivery.--Any revision
of regulations pursuant to clause (i) shall
allow delivery of consumer confidence reports
by methods consistent with methods described in
the memorandum `Safe Drinking Water Act-
Consumer Confidence Report Rule Delivery
Options' issued by the Environmental Protection
Agency on January 3, 2013.''.
SEC. 2009. CONTRACTUAL AGREEMENTS.
(a) In General.--Section 1414(h)(1) of the Safe Drinking Water Act
(42 U.S.C. 300g-3(h)(1)) is amended--
(1) in subparagraph (B), by striking ``or'' after the
semicolon;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) entering into a contractual agreement for
significant management or administrative functions of
the system to correct violations identified in the
plan.''.
(b) Technical Amendment.--Section 1414(i)(1) of the Safe Drinking
Water Act (42 U.S.C. 300g-3(i)(1)) is amended by inserting a comma
after ``1417''.
SEC. 2010. ADDITIONAL CONSIDERATIONS FOR COMPLIANCE.
(a) Mandatory Assessment.--Subsection (h) of section 1414 of the
Safe Drinking Water Act (42 U.S.C. 300g-3) is amended by adding at the
end the following:
``(3) Authority for mandatory assessment.--
``(A) Authority.--A State with primary enforcement
responsibility or the Administrator (if the State does
not have primary enforcement responsibility) may
require the owner or operator of a public water system
to assess options for consolidation, or transfer of
ownership of the system, as described in paragraph (1),
or other actions expected to achieve compliance with
national primary drinking water regulations described
in clause (i)(I), if--
``(i) the public water system--
``(I) has repeatedly violated one
or more national primary drinking water
regulations and such repeated
violations are likely to adversely
affect human health; and
``(II)(aa) is unable or unwilling
to take feasible and affordable
actions, as determined by the State
with primary enforcement responsibility
or the Administrator (if the State does
not have primary enforcement
responsibility), that will result in
the public water system complying with
the national primary drinking water
regulations described in subclause (I),
including accessing technical
assistance and financial assistance
through the State loan fund pursuant to
section 1452; or
``(bb) has already undertaken
actions described in item (aa) without
achieving compliance;
``(ii) such consolidation, transfer, or
other action is feasible; and
``(iii) such consolidation, transfer, or
other action could result in greater compliance
with national primary drinking water
regulations.
``(B) Tailoring of assessments.--Requirements for
any assessment to be conducted pursuant to subparagraph
(A) shall be tailored with respect to the size, type,
and characteristics, of the public water system to be
assessed.
``(C) Approved entities.--An assessment conducted
pursuant to subparagraph (A) may be conducted by an
entity approved by the State requiring such assessment
(or the Administrator, if the State does not have
primary enforcement responsibility), which may include
such State (or the Administrator, as applicable), the
public water system, or a third party.
``(D) Burden of assessments.--It is the sense of
Congress that any assessment required pursuant to
subparagraph (A) should not be overly burdensome on the
public water system that is assessed.
``(4) Financial assistance.--Notwithstanding section
1452(a)(3), a public water system undertaking consolidation or
transfer of ownership or other actions pursuant to an
assessment completed under paragraph (3) may receive a loan
described in section 1452(a)(2)(A) to carry out such
consolidation, transfer, or other action.
``(5) Protection of nonresponsible system.--
``(A) Identification of liabilities.--
``(i) In general.--An owner or operator of
a public water system that submits a plan
pursuant to paragraph (1) based on an
assessment conducted with respect to such
public water system under paragraph (3) shall
identify as part of such plan--
``(I) any potential and existing
liability for penalties and damages
arising from each specific violation
identified in the plan of which the
owner or operator is aware; and
``(II) any funds or other assets
that are available to satisfy such
liability, as of the date of submission
of such plan, to the public water
system that committed such violation.
``(ii) Inclusion.--In carrying out clause
(i), the owner or operator shall take
reasonable steps to ensure that all potential
and existing liabilities for penalties and
damages arising from each specific violation
identified in the plan are identified.
``(B) Reservation of funds.--A public water system
that, consistent with the findings of an assessment
conducted pursuant to paragraph (3), has completed the
actions under a plan submitted and approved pursuant to
this subsection shall not be liable under this title
for a violation of this title identified in the plan,
except to the extent to which funds or other assets are
identified pursuant to subparagraph (A)(i)(II) as
available to satisfy such liability.
``(6) Regulations.--Not later than 2 years after the date
of enactment of America's Water Infrastructure Act of 2018, the
Administrator shall promulgate regulations to implement
paragraphs (3), (4), and (5).''.
(b) Retention of Primary Enforcement Authority.--
(1) In general.--Section 1413(a) of the Safe Drinking Water
Act (42 U.S.C. 300g-2(a)) is amended--
(A) in paragraph (5), by striking ``; and'' and
inserting a semicolon;
(B) by redesignating paragraph (6) as paragraph
(7); and
(C) by inserting after paragraph (5) the following
new paragraph:
``(6) has adopted and is implementing procedures for
requiring public water systems to assess options for
consolidation or transfer of ownership or other actions in
accordance with the regulations issued by the Administrator
under section 1414(h)(6); and''.
(2) Conforming amendment.--Section 1413(b)(1) of the Safe
Drinking Water Act (42 U.S.C. 300g-2(b)(1)) is amended by
striking ``of paragraphs (1), (2), (3), and (4)''.
SEC. 2011. IMPROVED ACCURACY AND AVAILABILITY OF COMPLIANCE MONITORING
DATA.
Section 1414 of the Safe Drinking Water Act (42 U.S.C. 300g-3) is
amended by adding at the end the following new subsection:
``(j) Improved Accuracy and Availability of Compliance Monitoring
Data.--
``(1) Strategic plan.--Not later than 1 year after the date
of enactment of this subsection, the Administrator, in
coordination with States (including States without primary
enforcement responsibility under section 1413), public water
systems, and other interested stakeholders, shall develop and
provide to Congress a strategic plan for improving the accuracy
and availability of monitoring data collected to demonstrate
compliance with national primary drinking water regulations and
submitted--
``(A) by public water systems to States; or
``(B) by States to the Administrator.
``(2) Evaluation.--In developing the strategic plan under
paragraph (1), the Administrator shall evaluate any challenges
faced--
``(A) in ensuring the accuracy and integrity of
submitted data described in paragraph (1);
``(B) by States and public water systems in
implementing an electronic system for submitting such
data, including the technical and economic feasibility
of implementing such a system; and
``(C) by users of such electronic systems in being
able to access such data.
``(3) Findings and recommendations.--The Administrator
shall include in the strategic plan provided to Congress under
paragraph (1)--
``(A) a summary of the findings of the evaluation
under paragraph (2); and
``(B) recommendations on practicable, cost-
effective methods and means that can be employed to
improve the accuracy and availability of submitted data
described in paragraph (1).
``(4) Consultation.--In developing the strategic plan under
paragraph (1), the Administrator may, as appropriate, consult
with States or other Federal agencies that have experience
using practicable methods and means to improve the accuracy and
availability of submitted data described in such paragraph.''.
SEC. 2012. ASSET MANAGEMENT.
Section 1420 of the Safe Drinking Water Act (42 U.S.C. 300g-9) is
amended--
(1) in subsection (c)(2)--
(A) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(F) a description of how the State will, as
appropriate--
``(i) encourage development by public water
systems of asset management plans that include
best practices for asset management; and
``(ii) assist, including through the
provision of technical assistance, public water
systems in training operators or other relevant
and appropriate persons in implementing such
asset management plans.'';
(2) in subsection (c)(3), by inserting ``, including
efforts of the State to encourage development by public water
systems of asset management plans and to assist public water
systems in training relevant and appropriate persons in
implementing such asset management plans'' after ``public water
systems in the State''; and
(3) in subsection (d), by adding at the end the following
new paragraph:
``(5) Information on asset management practices.--Not later
than 5 years after the date of enactment of this paragraph, and
not less often than every 5 years thereafter, the Administrator
shall review and, if appropriate, update educational materials,
including handbooks, training materials, and technical
information, made available by the Administrator to owners,
managers, and operators of public water systems, local
officials, technical assistance providers (including nonprofit
water associations), and State personnel concerning best
practices for asset management strategies that may be used by
public water systems.''.
SEC. 2013. COMMUNITY WATER SYSTEM RISK AND RESILIENCE.
(a) In General.--Section 1433 of the Safe Drinking Water Act (42
U.S.C. 300i-2) is amended to read as follows:
``SEC. 1433. COMMUNITY WATER SYSTEM RISK AND RESILIENCE.
``(a) Risk and Resilience Assessments.--
``(1) In general.--Each community water system serving a
population of greater than 3,300 persons shall conduct an
assessment of the risks to, and resilience of, its system. Such
an assessment--
``(A) shall include an assessment of--
``(i) the risk to the system from
malevolent acts and natural hazards;
``(ii) the resilience of the pipes and
constructed conveyances, physical barriers,
source water, water collection and intake,
pretreatment, treatment, storage and
distribution facilities, electronic, computer,
or other automated systems (including the
security of such systems) which are utilized by
the system;
``(iii) the monitoring practices of the
system;
``(iv) the financial infrastructure of the
system;
``(v) the use, storage, or handling of
various chemicals by the system; and
``(vi) the operation and maintenance of the
system; and
``(B) may include an evaluation of capital and
operational needs for risk and resilience management
for the system.
``(2) Baseline information.--The Administrator, not later
than August 1, 2019, after consultation with appropriate
departments and agencies of the Federal Government and with
State and local governments, shall provide baseline information
on malevolent acts of relevance to community water systems,
which shall include consideration of acts that may--
``(A) substantially disrupt the ability of the
system to provide a safe and reliable supply of
drinking water; or
``(B) otherwise present significant public health
or economic concerns to the community served by the
system.
``(3) Certification.--
``(A) Certification.--Each community water system
described in paragraph (1) shall submit to the
Administrator a certification that the system has
conducted an assessment complying with paragraph (1).
Such certification shall be made prior to--
``(i) March 31, 2020, in the case of
systems serving a population of 100,000 or
more;
``(ii) December 31, 2020, in the case of
systems serving a population of 50,000 or more
but less than 100,000; and
``(iii) June 30, 2021, in the case of
systems serving a population greater than 3,300
but less than 50,000.
``(B) Review and revision.--Each community water
system described in paragraph (1) shall review the
assessment of such system conducted under such
paragraph at least once every 5 years after the
applicable deadline for submission of its certification
under subparagraph (A) to determine whether such
assessment should be revised. Upon completion of such a
review, the community water system shall submit to the
Administrator a certification that the system has
reviewed its assessment and, if applicable, revised
such assessment.
``(4) Contents of certifications.--A certification required
under paragraph (3) shall contain only--
``(A) information that identifies the community
water system submitting the certification;
``(B) the date of the certification; and
``(C) a statement that the community water system
has conducted, reviewed, or revised the assessment, as
applicable.
``(5) Provision to other entities.--No community water
system shall be required under State or local law to provide an
assessment described in this section (or revision thereof) to
any State, regional, or local governmental entity solely by
reason of the requirement set forth in paragraph (3) that the
system submit a certification to the Administrator.
``(b) Emergency Response Plan.--Each community water system serving
a population greater than 3,300 shall prepare or revise, where
necessary, an emergency response plan that incorporates findings of the
assessment conducted under subsection (a) for such system (and any
revisions thereto). Each community water system shall certify to the
Administrator, as soon as reasonably possible after the date of
enactment of America's Water Infrastructure Act of 2018, but not later
than 6 months after completion of the assessment under subsection (a),
that the system has completed such plan. The emergency response plan
shall include--
``(1) strategies and resources to improve the resilience of
the system, including the physical security and cybersecurity
of the system;
``(2) plans and procedures that can be implemented, and
identification of equipment that can be utilized, in the event
of a malevolent act or natural hazard that threatens the
ability of the community water system to deliver safe drinking
water;
``(3) actions, procedures, and equipment which can obviate
or significantly lessen the impact of a malevolent act or
natural hazard on the public health and the safety and supply
of drinking water provided to communities and individuals,
including the development of alternative source water options,
relocation of water intakes, and construction of flood
protection barriers; and
``(4) strategies that can be used to aid in the detection
of malevolent acts or natural hazards that threaten the
security or resilience of the system.
``(c) Coordination.--Community water systems shall, to the extent
possible, coordinate with existing local emergency planning committees
established pursuant to the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11001 et seq.) when preparing or revising
an assessment or emergency response plan under this section.
``(d) Record Maintenance.--Each community water system shall
maintain a copy of the assessment conducted under subsection (a) and
the emergency response plan prepared under subsection (b) (including
any revised assessment or plan) for 5 years after the date on which a
certification of such assessment or plan is submitted to the
Administrator under this section.
``(e) Guidance to Small Public Water Systems.--The Administrator
shall provide guidance and technical assistance to community water
systems serving a population of less than 3,300 persons on how to
conduct resilience assessments, prepare emergency response plans, and
address threats from malevolent acts and natural hazards that threaten
to disrupt the provision of safe drinking water or significantly affect
the public health or significantly affect the safety or supply of
drinking water provided to communities and individuals.
``(f) Alternative Preparedness and Operational Resilience
Programs.--
``(1) Satisfaction of requirement.--A community water
system that is required to comply with the requirements of
subsections (a) and (b) may satisfy such requirements by--
``(A) using and complying with technical standards
that the Administrator has recognized under paragraph
(2); and
``(B) submitting to the Administrator a
certification that the community water system is
complying with subparagraph (A).
``(2) Authority to recognize.--Consistent with section
12(d) of the National Technology Transfer and Advancement Act
of 1995, the Administrator shall recognize technical standards
that are developed or adopted by third-party organizations or
voluntary consensus standards bodies that carry out the
objectives or activities required by this section as a means of
satisfying the requirements under subsection (a) or (b).
``(g) Technical Assistance and Grants.--
``(1) In general.--The Administrator shall establish and
implement a program, to be known as the Drinking Water
Infrastructure Risk and Resilience Program, under which the
Administrator may award grants in each of fiscal years 2020 and
2021 to owners or operators of community water systems for the
purpose of increasing the resilience of such community water
systems.
``(2) Use of funds.--As a condition on receipt of a grant
under this section, an owner or operator of a community water
system shall agree to use the grant funds exclusively to assist
in the planning, design, construction, or implementation of a
program or project consistent with an emergency response plan
prepared pursuant to subsection (b), which may include--
``(A) the purchase and installation of equipment
for detection of drinking water contaminants or
malevolent acts;
``(B) the purchase and installation of fencing,
gating, lighting, or security cameras;
``(C) the tamper-proofing of manhole covers, fire
hydrants, and valve boxes;
``(D) the purchase and installation of improved
treatment technologies and equipment to improve the
resilience of the system;
``(E) improvements to electronic, computer,
financial, or other automated systems and remote
systems;
``(F) participation in training programs, and the
purchase of training manuals and guidance materials,
relating to security and resilience;
``(G) improvements in the use, storage, or handling
of chemicals by the community water system;
``(H) security screening of employees or contractor
support services;
``(I) equipment necessary to support emergency
power or water supply, including standby and mobile
sources; and
``(J) the development of alternative source water
options, relocation of water intakes, and construction
of flood protection barriers.
``(3) Exclusions.--A grant under this subsection may not be
used for personnel costs, or for monitoring, operation, or
maintenance of facilities, equipment, or systems.
``(4) Technical assistance.--For each fiscal year, the
Administrator may use not more than $5,000,000 from the funds
made available to carry out this subsection to provide
technical assistance to community water systems to assist in
responding to and alleviating a vulnerability that would
substantially disrupt the ability of the system to provide a
safe and reliable supply of drinking water (including sources
of water for such systems) which the Administrator determines
to present an immediate and urgent need.
``(5) Grants for small systems.--For each fiscal year, the
Administrator may use not more than $10,000,000 from the funds
made available to carry out this subsection to make grants to
community water systems serving a population of less than 3,300
persons, or nonprofit organizations receiving assistance under
section 1442(e), for activities and projects undertaken in
accordance with the guidance provided to such systems under
subsection (e) of this section.
``(6) Authorization of appropriations.--To carry out this
subsection, there are authorized to be appropriated $25,000,000
for each of fiscal years 2020 and 2021.
``(h) Definitions.--In this section--
``(1) the term `resilience' means the ability of a
community water system or an asset of a community water system
to adapt to or withstand the effects of a malevolent act or
natural hazard without interruption to the asset's or system's
function, or if the function is interrupted, to rapidly return
to a normal operating condition; and
``(2) the term `natural hazard' means a natural event that
threatens the functioning of a community water system,
including an earthquake, tornado, flood, hurricane, wildfire,
and hydrologic changes.''.
(b) Sensitive Information.--
(1) Protection from disclosure.--Information submitted to
the Administrator of the Environmental Protection Agency
pursuant to section 1433 of the Safe Drinking Water Act, as in
effect on the day before the date of enactment of America's
Water Infrastructure Act of 2018, shall be protected from
disclosure in accordance with the provisions of such section as
in effect on such day.
(2) Disposal.--The Administrator, in partnership with
community water systems (as defined in section 1401 of the Safe
Drinking Water Act), shall develop a strategy to, in a
timeframe determined appropriate by the Administrator, securely
and permanently dispose of, or return to the applicable
community water system, any information described in paragraph
(1).
SEC. 2014. AUTHORIZATION FOR GRANTS FOR STATE PROGRAMS.
Section 1443(a)(7) of the Safe Drinking Water Act (42 U.S.C. 300j-
2(a)(7)) is amended by striking ``$100,000,000 for each of fiscal years
1997 through 2003'' and inserting ``$125,000,000 for each of fiscal
years 2020 and 2021''.
SEC. 2015. STATE REVOLVING LOAN FUNDS.
(a) Use of Funds.--Section 1452(a)(2)(B) of the Safe Drinking Water
Act (42 U.S.C. 300j-12(a)(2)(B)) is amended by striking ``(including
expenditures for planning, design, and associated preconstruction
activities, including activities relating to the siting of the
facility, but not'' and inserting ``(including expenditures for
planning, design, siting, and associated preconstruction activities, or
for replacing or rehabilitating aging treatment, storage, or
distribution facilities of public water systems, but not''.
(b) Prevailing Wages.--Section 1452(a) of the Safe Drinking Water
Act (42 U.S.C. 300j-12(a)) is further amended by adding at the end the
following:
``(5) Prevailing wages.--The requirements of section
1450(e) shall apply to any construction project carried out in
whole or in part with assistance made available by a State loan
fund.''.
(c) Assistance for Disadvantaged Communities.--Section 1452(d)(2)
of the Safe Drinking Water Act (42 U.S.C. 300j-12(d)(2)) is amended to
read as follows:
``(2) Total amount of subsidies.--For each fiscal year, of
the amount of the capitalization grant received by the State
for the year, the total amount of loan subsidies made by a
State pursuant to paragraph (1)--
``(A) may not exceed 35 percent; and
``(B) to the extent that there are sufficient
applications for loans to communities described in
paragraph (1), may not be less than 6 percent.''.
(d) Types of Assistance.--Section 1452(f)(1) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(f)(1)) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) each loan will be fully amortized not later
than 30 years after the completion of the project,
except that in the case of a disadvantaged community
(as defined in subsection (d)(3)) a State may provide
an extended term for a loan, if the extended term--
``(i) terminates not later than the date
that is 40 years after the date of project
completion; and
``(ii) does not exceed the expected design
life of the project;''; and
(3) in subparagraph (B), by striking ``1 year after
completion of the project for which the loan was made'' and all
that follows through ``design life of the project;'' and
inserting ``18 months after completion of the project for which
the loan was made;''.
(e) Needs Survey.--Section 1452(h) of the Safe Drinking Water Act
(42 U.S.C. 300j-12(h)) is amended--
(1) by striking ``The Administrator'' and inserting ``(1)
The Administrator''; and
(2) by adding at the end the following new paragraph:
``(2) Any assessment conducted under paragraph (1) after the date
of enactment of America's Water Infrastructure Act of 2018 shall
include an assessment of costs to replace all lead service lines (as
defined in section 1459B(a)(4)) of all eligible public water systems in
the United States, and such assessment shall describe separately the
costs associated with replacing the portions of such lead service lines
that are owned by an eligible public water system and the costs
associated with replacing any remaining portions of such lead service
lines, to the extent practicable.''.
(f) Other Authorized Activities.--Section 1452(k)(1)(C) of the Safe
Drinking Water Act (42 U.S.C. 300j-12(k)(1)(C)) is amended by striking
``for fiscal years 1996 and 1997 to delineate and assess source water
protection areas in accordance with section 1453'' and inserting ``to
delineate, assess, and update assessments for source water protection
areas in accordance with section 1453''.
(g) Best Practices for Administration of State Revolving Loan
Funds.--Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12)
is amended by adding after subsection (r) the following:
``(s) Best Practices for State Loan Fund Administration.--The
Administrator shall--
``(1) collect information from States on administration of
State loan funds established pursuant to subsection (a)(1),
including--
``(A) efforts to streamline the process for
applying for assistance through such State loan funds;
``(B) programs in place to assist with the
completion of applications for assistance through such
State loan funds;
``(C) incentives provided to public water systems
that partner with small public water systems to assist
with the application process for assistance through
such State loan funds;
``(D) practices to ensure that amounts in such
State loan funds are used to provide loans, loan
guarantees, or other authorized assistance in a timely
fashion;
``(E) practices that support effective management
of such State loan funds;
``(F) practices and tools to enhance financial
management of such State loan funds; and
``(G) key financial measures for use in evaluating
State loan fund operations, including--
``(i) measures of lending capacity, such as
current assets and current liabilities or
undisbursed loan assistance liability; and
``(ii) measures of growth or
sustainability, such as return on net interest;
``(2) not later than 3 years after the date of enactment of
America's Water Infrastructure Act of 2018, disseminate to the
States best practices for administration of such State loan
funds, based on the information collected pursuant to this
subsection; and
``(3) periodically update such best practices, as
appropriate.''.
SEC. 2016. AUTHORIZATION FOR SOURCE WATER PETITION PROGRAMS.
Section 1454(e) of the Safe Drinking Water Act (42 U.S.C. 300j-
14(e)) is amended by striking ``1997 through 2003'' and inserting
``2020 through 2021''.
SEC. 2017. REVIEW OF TECHNOLOGIES.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is
further amended by adding at the end the following new section:
``SEC. 1459D. REVIEW OF TECHNOLOGIES.
``(a) Review.--The Administrator, after consultation with
appropriate departments and agencies of the Federal Government and with
State and local governments, shall review (or enter into contracts or
cooperative agreements to provide for a review of) existing and
potential methods, means, equipment, and technologies (including review
of cost, availability, and efficacy of such methods, means, equipment,
and technologies) that--
``(1) ensure the physical integrity of community water
systems;
``(2) prevent, detect, and respond to any contaminant for
which a national primary drinking water regulation has been
promulgated in community water systems and source water for
community water systems;
``(3) allow for use of alternate drinking water supplies
from nontraditional sources; and
``(4) facilitate source water assessment and protection.
``(b) Inclusions.--The review under subsection (a) shall include
review of methods, means, equipment, and technologies--
``(1) that are used for corrosion protection, metering,
leak detection, or protection against water loss;
``(2) that are intelligent systems, including hardware,
software, or other technology, used to assist in protection and
detection described in paragraph (1);
``(3) that are point-of-use devices or point-of-entry
devices;
``(4) that are physical or electronic systems that monitor,
or assist in monitoring, contaminants in drinking water in
real-time; and
``(5) that allow for the use of nontraditional sources for
drinking water, including physical separation and chemical and
biological transformation technologies.
``(c) Availability.--The Administrator shall make the results of
the review under subsection (a) available to the public.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $10,000,000
for fiscal year 2019, which shall remain available until expended.''.
SEC. 2018. SOURCE WATER.
(a) Addressing Source Water Used for Drinking Water.--Section 304
of the Emergency Planning and Community Right-To-Know Act of 1986 (42
U.S.C. 11004) is amended--
(1) in subsection (b)(1), by striking ``State emergency
planning commission'' and inserting ``State emergency response
commission''; and
(2) by adding at the end the following new subsection:
``(e) Addressing Source Water Used for Drinking Water.--
``(1) Applicable state agency notification.--A State
emergency response commission shall--
``(A) promptly notify the applicable State agency
of any release that requires notice under subsection
(a);
``(B) provide to the applicable State agency the
information identified in subsection (b)(2); and
``(C) provide to the applicable State agency a
written followup emergency notice in accordance with
subsection (c).
``(2) Community water system notification.--
``(A) In general.--An applicable State agency
receiving notice of a release under paragraph (1)
shall--
``(i) promptly forward such notice to any
community water system the source waters of
which are affected by the release;
``(ii) forward to the community water
system the information provided under paragraph
(1)(B); and
``(iii) forward to the community water
system the written followup emergency notice
provided under paragraph (1)(C).
``(B) Direct notification.--In the case of a State
that does not have an applicable State agency, the
State emergency response commission shall provide the
notices and information described in paragraph (1)
directly to any community water system the source
waters of which are affected by a release that requires
notice under subsection (a).
``(3) Definitions.--In this subsection:
``(A) Community water system.--The term `community
water system' has the meaning given such term in
section 1401(15) of the Safe Drinking Water Act.
``(B) Applicable state agency.--The term
`applicable State agency' means the State agency that
has primary responsibility to enforce the requirements
of the Safe Drinking Water Act in the State.''.
(b) Availability to Community Water Systems.--Section 312(e) of the
Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C.
11022(e)) is amended--
(1) in paragraph (1), by striking ``State emergency
planning commission'' and inserting ``State emergency response
commission''; and
(2) by adding at the end the following new paragraph:
``(4) Availability to community water systems.--
``(A) In general.--An affected community water
system may have access to tier II information by
submitting a request to the State emergency response
commission or the local emergency planning committee.
Upon receipt of a request for tier II information, the
State commission or local committee shall, pursuant to
paragraph (1), request the facility owner or operator
for the tier II information and make available such
information to the affected community water system.
``(B) Definition.--In this paragraph, the term
`affected community water system' means a community
water system (as defined in section 1401(15) of the
Safe Drinking Water Act) that receives supplies of
drinking water from a source water area, delineated
under section 1453 of the Safe Drinking Water Act, in
which a facility that is required to prepare and submit
an inventory form under subsection (a)(1) is
located.''.
SEC. 2019. REPORT ON FEDERAL CROSS-CUTTING REQUIREMENTS.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to Congress a report
containing the results of a study, to be conducted in consultation with
the Administrator of the Environmental Protection Agency, any State
agency that has primary responsibility to enforce the requirements of
the Safe Drinking Water Act (42 U.S.C. 300f et seq.) in a State, and
public water systems, to identify demonstrations of compliance with a
State or local environmental law that may be substantially equivalent
to any demonstration required by the Administrator for compliance with
a Federal cross-cutting requirement.
(b) Definitions.--In this subsection:
(1) Federal cross-cutting requirement.--The term ``Federal
cross-cutting requirement'' means a requirement of a Federal
law or regulation, compliance with which is a condition on
receipt of a loan or loan guarantee pursuant to section 1452 of
the Safe Drinking Water Act (42 U.S.C. 300j-12), that, if
applied with respect to projects and activities for which a
public water system receives such a loan or loan guarantee,
would be substantially equivalent to a requirement of an
applicable State or local law.
(2) Public water system.--The term ``public water system''
has the meaning given that term in section 1401 of the Safe
Drinking Water Act (42 U.S.C. 300f).
SEC. 2020. ASSISTANCE FOR AREAS AFFECTED BY NATURAL DISASTERS.
(a) Definitions.--In this section:
(1) Community water system.--The term ``community water
system'' has the meaning given such term in section 1401(15) of
the Safe Drinking Water Act (42 U.S.C. 300f(15)).
(2) Eligible state.--The term ``eligible State'' means a
State, as defined in section 1401(13)(B) of the Safe Drinking
Water Act (42 U.S.C. 300f(13)(B)).
(3) Eligible system.--The term ``eligible system'' means a
community water system--
(A) that serves an area for which, after January 1,
2017, the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.)--
(i) has issued a major disaster
declaration; and
(ii) provided disaster assistance; or
(B) that is capable of extending its potable
drinking water service into an underserved area.
(4) National primary drinking water regulation.--The term
``national primary drinking water regulation'' means a national
primary drinking water regulation under section 1412 of the
Safe Drinking Water Act (42 U.S.C. 300g-1).
(5) Underserved area.--The term ``underserved area'' means
a geographic area in an eligible State that--
(A) is served by a community water system serving
fewer than 50,000 persons where delivery of, or access
to, potable water is or was disrupted; and
(B) received disaster assistance pursuant to a
declaration described in paragraph (3)(A).
(b) State Revolving Loan Fund Assistance.--
(1) In general.--An eligible State may use funds provided
pursuant to subsection (e)(1) to provide assistance to an
eligible system within the eligible State for the purpose of
restoring or increasing compliance with national primary
drinking water regulations in an underserved area.
(2) Inclusion.--
(A) Additional subsidization.--With respect to
assistance provided under paragraph (1), an eligible
system shall be eligible to receive loans with
additional subsidization (including forgiveness of
principal, negative-interest loans, or grants (or any
combination thereof)) for the purpose described in
paragraph (1).
(B) Nondesignation.--Assistance provided under
paragraph (1) may include additional subsidization, as
described in subparagraph (A), even if the service area
of the eligible system has not been designated by the
applicable eligible State as a disadvantaged community
pursuant to section 1452(d)(3) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(d)(3)).
(c) Exclusion.--Assistance provided under this section shall not
include assistance for a project that is financed (directly or
indirectly), in whole or in part, with proceeds of any obligation
issued after the date of enactment of this Act the interest of which is
exempt from the tax imposed under chapter 1 of the Internal Revenue
Code of 1986.
(d) Nonduplication of Work.--An activity carried out pursuant to
this section shall not duplicate the work or activity of any other
Federal or State department or agency.
(e) Additional Drinking Water State Revolving Fund Capitalization
Grants.--
(1) In general.--There is authorized to be appropriated to
the Administrator of the Environmental Protection Agency
$100,000,000 to provide additional capitalization grants
pursuant to section 1452 of the Safe Drinking Water Act (42
U.S.C. 300j-12) to eligible States, to be available--
(A) for a period of 24 months beginning on the date
on which the funds are made available for the purpose
described in subsection (b)(1); and
(B) after the end of such 24-month period, until
expended for the purpose described in paragraph (3) of
this subsection.
(2) Supplemented intended use plans.--
(A) Obligation of amounts.--Not later than 30 days
after the date on which an eligible State submits to
the Administrator a supplemental intended use plan
under section 1452(b) of the Safe Drinking Water Act
(42 U.S.C. 300j-12(b)), from funds made available under
paragraph (1), the Administrator shall obligate to such
eligible State such amounts as are appropriate to
address the needs identified in such supplemental
intended use plan for the purpose described in
subsection (b)(1).
(B) Plans.--A supplemental intended use plan
described in subparagraph (A) shall include information
regarding projects to be funded using the assistance
provided under subsection (b)(1), including, with
respect to each such project--
(i) a description of the project;
(ii) an explanation of the means by which
the project will restore or improve compliance
with national primary drinking water
regulations in an underserved area;
(iii) the estimated cost of the project;
and
(iv) the projected start date for the
project.
(3) Unobligated amounts.--Any amounts made available to the
Administrator under paragraph (1) that are unobligated on the
date that is 24 months after the date on which the amounts are
made available shall be available for the purpose of providing
additional grants to States to capitalize State loan funds as
provided under section 1452 of the Safe Drinking Water Act (42
U.S.C. 300j-12).
(4) Applicability.--
(A) In general.--Except as otherwise provided in
this section, all requirements of the Safe Drinking
Water Act (42 U.S.C. 300f et seq.) shall apply to
funding provided under this section.
(B) Intended use plans.--Section 1452(b)(1) of the
Safe Drinking Water Act (42 U.S.C. 300j-12(b)(1)) shall
not apply to a supplemental intended use plan under
paragraph (2).
(C) State contribution.--For amounts authorized to
be appropriated under paragraph (1), the matching
requirements in section 1452(e) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(e)) shall not apply to any
funds provided to the Commonwealth of Puerto Rico under
this section.
SEC. 2021. MONITORING FOR UNREGULATED CONTAMINANTS.
(a) In General.--Section 1445 of the Safe Drinking Water Act (42
U.S.C. 300j-4) is amended by adding at the end the following:
``(j) Monitoring by Certain Systems.--
``(1) In general.--Notwithstanding subsection (a)(2)(A),
the Administrator shall, subject to the availability of
appropriations for such purpose--
``(A) require public water systems serving between
3,300 and 10,000 persons to monitor for unregulated
contaminants in accordance with this section; and
``(B) ensure that only a representative sample of
public water systems serving fewer than 3,300 persons
are required to monitor.
``(2) Effective date.--Paragraph (1) shall take effect 3
years after the date of enactment of this subsection.
``(3) Limitation.--Paragraph (1) shall take effect unless
the Administrator determines that there is not sufficient
laboratory capacity to accommodate the analysis necessary to
carry out monitoring required under such paragraph.
``(4) Limitation on enforcement.--The Administrator may not
enforce a requirement to monitor pursuant to paragraph (1) with
respect to any public water system serving fewer than 3,300
persons, including by subjecting such a public water system to
any civil penalty.
``(5) Authorization of appropriations.--There are
authorized to be appropriated $15,000,000 in each fiscal year
for which monitoring is required to be carried out under this
subsection for the Administrator to pay the reasonable cost of
such testing and laboratory analysis as are necessary to carry
out monitoring required under this subsection.''.
(b) Authorization of Appropriations.--Section 1445(a)(2)(H) of the
Safe Drinking Water Act (42 U.S.C. 300j-4(a)(2)(H)) is amended by
striking ``1997 through 2003'' and inserting ``2019 through 2021''.
(c) Inclusion in Data Base.--Section 1445(g)(7) of the Safe
Drinking Water Act (42 U.S.C. 300j-4(g)(7)) is amended by--
(1) striking ``and'' at the end of subparagraph (B);
(2) redesignating subparagraph (C) as subparagraph (D); and
(3) inserting after subparagraph (B) the following:
``(C) if applicable, monitoring information
collected by public water systems pursuant to
subsection (j) that is not duplicative of monitoring
information included in the data base under
subparagraph (B) or (D); and''.
SEC. 2022. AMERICAN IRON AND STEEL PRODUCTS.
Section 1452(a)(4)(A) of the Safe Drinking Water Act (42 U.S.C.
300j-12(a)(4)(A)) is amended by striking ``fiscal year 2017'' and
inserting ``fiscal years 2019 through 2023''.
SEC. 2023. AUTHORIZATION FOR CAPITALIZATION GRANTS TO STATES FOR STATE
DRINKING WATER TREATMENT REVOLVING LOAN FUNDS.
Section 1452(m) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(m)) is amended--
(1) by striking the first sentence and inserting the
following:
``(1) There are authorized to be appropriated to carry out
the purposes of this section--
``(A) $1,174,000,000 for fiscal year 2019;
``(B) $1,300,000,000 for fiscal year 2020; and
``(C) $1,950,000,000 for fiscal year 2021.'';
(2) by striking ``To the extent amounts authorized to be''
and inserting the following:
``(2) To the extent amounts authorized to be''; and
(3) by striking ``(prior to the fiscal year 2004)''.
TITLE III--ENERGY
SEC. 3001. MODERNIZING AUTHORIZATIONS FOR NECESSARY HYDROPOWER
APPROVALS.
(a) Preliminary Permits.--Section 5 of the Federal Power Act (16
U.S.C. 798) is amended--
(1) in subsection (a), by striking ``three'' and inserting
``4''; and
(2) in subsection (b)--
(A) by striking ``Commission may extend the period
of a preliminary permit once for not more than 2
additional years beyond the 3 years'' and inserting the
following: ``Commission may--
``(1) extend the period of a preliminary permit once for
not more than 4 additional years beyond the 4 years'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(2) after the end of an extension period granted under
paragraph (1), issue an additional permit to the permittee if
the Commission determines that there are extraordinary
circumstances that warrant the issuance of the additional
permit.''.
(b) Time Limit for Construction of Project Works.--Section 13 of
the Federal Power Act (16 U.S.C. 806) is amended in the second sentence
by striking ``once but not longer than two additional years'' and
inserting ``for not more than 8 additional years,''.
(c) Obligation for Payment of Annual Charges.--Any obligation of a
licensee or exemptee for the payment of annual charges under section
10(e) of the Federal Power Act (16 U.S.C. 803(e)) for a project that
has not commenced construction as of the date of enactment of this Act
shall commence not earlier than the latest of--
(1) the date by which the licensee or exemptee is required
to commence construction; or
(2) the date of any extension of the deadline under
paragraph (1).
SEC. 3002. QUALIFYING CONDUIT HYDROPOWER FACILITIES.
Section 30(a) of the Federal Power Act (16 U.S.C. 823a(a)) is
amended--
(1) in paragraph (2)(C), by striking ``45 days'' and
inserting ``30 days''; and
(2) in paragraph (3)(C)(ii), by striking ``5'' and
inserting ``40''.
SEC. 3003. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING NONPOWERED
DAMS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended
by adding at the end the following:
``SEC. 34. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING NONPOWERED
DAMS.
``(a) Expedited Licensing Process for Non-Federal Hydropower
Projects at Existing Nonpowered Dams.--
``(1) In general.--As provided in this section, the
Commission may issue and amend licenses, as appropriate, for
any facility the Commission determines is a qualifying
facility.
``(2) Rule.--Not later than 180 days after the date of
enactment of this section, the Commission shall issue a rule
establishing an expedited process for issuing and amending
licenses for qualifying facilities under this section.
``(3) Interagency task force.--
``(A) In establishing the expedited process under
this section, the Commission shall convene an
interagency task force, with appropriate Federal and
State agencies and Indian tribes represented, to
coordinate the regulatory processes associated with the
authorizations required to construct and operate a
qualifying facility.
``(B) The task force shall develop procedures that
are consistent with subsection (e)(1)(E) to seek to
ensure that, for projects licensed pursuant to this
section, the Commission and appropriate Federal and
State agencies and Indian tribes shall exercise their
authorities in a manner that, to the extent
practicable, will not result in any material change to
the storage, release, or flow operations of the
associated nonpowered dam existing at the time an
applicant files its license application.
``(4) Length of process.--The Commission shall seek to
ensure that the expedited process under this section will
result in a final decision on an application for a license by
not later than 2 years after receipt of a completed application
for the license.
``(b) Dam Safety.--
``(1) Assessment.--Before issuing any license for a
qualifying facility, the Commission shall assess the safety of
existing non-Federal dams and other non-Federal structures
related to the qualifying facility (including possible
consequences associated with failure of such structures).
``(2) Requirements.--In issuing any license for a
qualifying facility at a non-Federal dam, the Commission shall
ensure that the Commission's dam safety requirements apply to
such qualifying facility, and the associated qualifying
nonpowered dam, over the term of such license.
``(c) Interagency Communications.--Interagency cooperation in the
preparation of environmental documents under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an
application for a license for a qualifying facility under this section,
and interagency communications relating to licensing process
coordination pursuant to this section, shall not--
``(1) be considered to be ex parte communications under
Commission rules; or
``(2) preclude an agency from participating in a licensing
proceeding under this part, providing that any agency
participating as a party in a licensing proceeding under this
part shall, to the extent practicable, demonstrate a separation
of staff cooperating with the Commission under the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) and staff
participating in the applicable proceeding under this part.
``(d) Identification of Nonpowered Dams for Hydropower
Development.--
``(1) In general.--Not later than 12 months after the date
of enactment of this section, the Commission, with the
Secretary of the Army, the Secretary of the Interior, and the
Secretary of Agriculture, shall jointly develop a list of
existing nonpowered Federal dams that the Commission and the
Secretaries agree have the greatest potential for non-Federal
hydropower development.
``(2) Considerations.--In developing the list under
paragraph (1), the Commission and the Secretaries may consider
the following:
``(A) The compatibility of hydropower generation
with existing purposes of the dam.
``(B) The proximity of the dam to existing
transmission resources.
``(C) The existence of studies to characterize
environmental, cultural, and historic resources
relating to the dam.
``(D) The effects of hydropower development on
release or flow operations of the dam.
``(3) Availability.--The Commission shall--
``(A) provide the list developed under paragraph
(1) to--
``(i) the Committee on Energy and Commerce,
the Committee on Transportation and
Infrastructure, and the Committee on Natural
Resources, of the House of Representatives; and
``(ii) the Committee on Environment and
Public Works, and the Committee on Energy and
Natural Resources, of the Senate; and
``(B) make such list available to the public.
``(e) Definitions.--For purposes of this section:
``(1) Qualifying criteria.--The term `qualifying criteria'
means, with respect to a facility--
``(A) as of the date of enactment of this section,
the facility is not licensed under, or exempted from
the license requirements contained in, this part;
``(B) the facility will be associated with a
qualifying nonpowered dam;
``(C) the facility will be constructed, operated,
and maintained for the generation of electric power;
``(D) the facility will use for such generation any
withdrawals, diversions, releases, or flows from the
associated qualifying nonpowered dam, including its
associated impoundment or other infrastructure; and
``(E) the operation of the facility will not result
in any material change to the storage, release, or flow
operations of the associated qualifying nonpowered dam.
``(2) Qualifying facility.--The term `qualifying facility'
means a facility that is determined under this section to meet
the qualifying criteria.
``(3) Qualifying nonpowered dam.--The term `qualifying
nonpowered dam' means any dam, dike, embankment, or other
barrier--
``(A) the construction of which was completed on or
before the date of enactment of this section;
``(B) that is or was operated for the control,
release, or distribution of water for agricultural,
municipal, navigational, industrial, commercial,
environmental, recreational, aesthetic, drinking water,
or flood control purposes; and
``(C) that, as of the date of enactment of this
section, is not generating electricity with hydropower
generating works that are licensed under, or exempted
from the license requirements contained in, this part.
``(f) Savings Clause.--Nothing in this section affects--
``(1) any authority of the Commission to license a facility
at a nonpowered dam under this part; and
``(2) any authority of the Commission to issue an exemption
to a small hydroelectric power project under the Public Utility
Regulatory Policies Act of 1978.''.
SEC. 3004. CLOSED-LOOP PUMPED STORAGE PROJECTS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as
amended, is further amended by adding at the end the following:
``SEC. 35. CLOSED-LOOP PUMPED STORAGE PROJECTS.
``(a) Expedited Licensing Process for Closed-Loop Pumped Storage
Projects.--
``(1) In general.--As provided in this section, the
Commission may issue and amend licenses, as appropriate, for
closed-loop pumped storage projects.
``(2) Rule.--Not later than 180 days after the date of
enactment of this section, the Commission shall issue a rule
establishing an expedited process for issuing and amending
licenses for closed-loop pumped storage projects under this
section.
``(3) Interagency task force.--In establishing the
expedited process under this section, the Commission shall
convene an interagency task force, with appropriate Federal and
State agencies and Indian tribes represented, to coordinate the
regulatory processes associated with the authorizations
required to construct and operate closed-loop pumped storage
projects.
``(4) Length of process.--The Commission shall seek to
ensure that the expedited process under this section will
result in final decision on an application for a license by not
later than 2 years after receipt of a completed application for
such license.
``(b) Dam Safety.--Before issuing any license for a closed-loop
pumped storage project, the Commission shall assess the safety of
existing dams and other structures related to the project (including
possible consequences associated with failure of such structures).
``(c) Exceptions From Other Requirements.--
``(1) In general.--In issuing or amending a license for a
closed-loop pumped storage project pursuant to the expedited
process established under this section, the Commission may
grant an exception from any other requirement of this part with
respect to any part of the closed-loop pumped storage project
(not including any dam or other impoundment).
``(2) Consultation.--In granting an exception under
paragraph (1), the Commission shall consult with the United
States Fish and Wildlife Service, the National Marine Fisheries
Service, and the State agency exercising administration over
the fish and wildlife resources of the State in which the
closed-loop pumped storage project is or will be located, in
the manner provided by the Fish and Wildlife Coordination Act
(16 U.S.C. 661 et seq.).
``(3) Terms and conditions.--In granting an exception under
paragraph (1), the Commission shall include in any such
exception--
``(A) such terms and conditions as the United
States Fish and Wildlife Service, the National Marine
Fisheries Service, and the State agency described in
paragraph (2) each determine are appropriate to prevent
loss of, or damage to, fish and wildlife resources and
to otherwise carry out the purposes of the Fish and
Wildlife Coordination Act; and
``(B) such terms and conditions as the Commission
deems appropriate to ensure that such closed-loop
pumped storage project continues to comply with the
provisions of this section and terms and conditions
included in any such exception.
``(4) Fees.--The Commission, in addition to the
requirements of section 10(e), shall establish fees which shall
be paid by an applicant for a license for a closed-loop pumped
storage project that is required to meet terms and conditions
set by fish and wildlife agencies under paragraph (3). Such
fees shall be adequate to reimburse the fish and wildlife
agencies referred to in paragraph (3) for any reasonable costs
incurred in connection with any studies or other reviews
carried out by such agencies for purposes of compliance with
this section. The fees shall, subject to annual appropriations
Acts, be transferred to such agencies by the Commission for use
solely for purposes of carrying out such studies and shall
remain available until expended.
``(d) Transfers.--Notwithstanding section 5, and regardless of
whether the holder of a preliminary permit for a closed-loop pumped
storage project claimed municipal preference under section 7(a) when
obtaining the permit, on request by a municipality, the Commission may,
to facilitate development of a closed-loop pumped storage project--
``(1) add entities as joint permittees following issuance
of a preliminary permit; and
``(2) transfer a license in part to one or more
nonmunicipal entities as co-licensees with a municipality, if
the municipality retains majority ownership of the project for
which the license was issued.
``(e) Interagency Communications.--Interagency cooperation in the
preparation of environmental documents under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an
application for a license for a closed-loop pumped storage project
submitted pursuant to this section, and interagency communications
relating to licensing process coordination pursuant to this section,
shall not--
``(1) be considered to be ex parte communications under
Commission rules; or
``(2) preclude an agency from participating in a licensing
proceeding under this part, providing that any agency
participating as a party in a licensing proceeding under this
part shall, to the extent practicable, demonstrate a separation
of staff cooperating with the Commission under the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) and staff
participating in the applicable proceeding under this part.
``(f) Developing Abandoned Mines for Pumped Storage.--
``(1) Workshop.--Not later than 6 months after the date of
enactment of this section, the Commission shall hold a workshop
to explore potential opportunities for development of closed-
loop pumped storage projects at abandoned mine sites.
``(2) Guidance.--Not later than 1 year after the date of
enactment of this section, the Commission shall issue guidance
to assist applicants for licenses or preliminary permits for
closed-loop pumped storage projects at abandoned mine sites.
``(g) Qualifying Criteria for Closed-Loop Pumped Storage
Projects.--
``(1) In general.--The Commission shall establish criteria
that a pumped storage project shall meet in order to qualify as
a closed-loop pumped storage project eligible for the expedited
process established under this section.
``(2) Inclusions.--In establishing the criteria under
paragraph (1), the Commission shall include criteria requiring
that the pumped storage project--
``(A) cause little to no change to existing surface
and ground water flows and uses; and
``(B) is unlikely to adversely affect species
listed as a threatened species or endangered species
under the Endangered Species Act of 1973.
``(h) Savings Clause.--Nothing in this section affects any
authority of the Commission to license a closed-loop pumped storage
project under this part.''.
SEC. 3005. CONSIDERATIONS FOR RELICENSING TERMS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as
amended, is further amended by adding at the end the following:
``SEC. 36. CONSIDERATIONS FOR RELICENSING TERMS.
``(a) In General.--In determining the term of a new license issued
when an existing license under this part expires, the Commission shall
take into consideration, among other things--
``(1) project-related investments by the licensee under the
new license; and
``(2) project-related investments by the licensee over the
term of the existing license.
``(b) Equal Weight.--The determination of the Commission under
subsection (a) shall give equal weight to--
``(1) investments by the licensee to implement the new
license under this part, including investments relating to
redevelopment, new construction, new capacity, efficiency,
modernization, rehabilitation or replacement of major
equipment, safety improvements, or environmental, recreation,
or other protection, mitigation, or enhancement measures
required or authorized by the new license; and
``(2) investments by the licensee over the term of the
existing license (including any terms under annual licenses)
that--
``(A) resulted in redevelopment, new construction,
new capacity, efficiency, modernization, rehabilitation
or replacement of major equipment, safety improvements,
or environmental, recreation, or other protection,
mitigation, or enhancement measures conducted over the
term of the existing license; and
``(B) were not expressly considered by the
Commission as contributing to the length of the
existing license term in any order establishing or
extending the existing license term.
``(c) Commission Determination.--At the request of the licensee,
the Commission shall make a determination as to whether any planned,
ongoing, or completed investment meets the criteria under subsection
(b)(2). Any determination under this subsection shall be issued within
60 days following receipt of the licensee's request. When issuing its
determination under this subsection, the Commission shall not assess
the incremental number of years that the investment may add to the new
license term. All such assessment shall occur only as provided in
subsection (a).''.
SEC. 3006. FAIR RATEPAYER ACCOUNTABILITY, TRANSPARENCY, AND EFFICIENCY
STANDARDS.
Section 205 of the Federal Power Act (16 U.S.C. 824d) is amended by
adding at the end the following:
``(g) Inaction of Commissioners.--
``(1) In general.--With respect to a change described in
subsection (d), if the Commission permits the 60-day period
established therein to expire without issuing an order
accepting or denying the change because the Commissioners are
divided two against two as to the lawfulness of the change, as
a result of vacancy, incapacity, or recusal on the Commission,
or if the Commission lacks a quorum--
``(A) the failure to issue an order accepting or
denying the change by the Commission shall be
considered to be an order issued by the Commission
accepting the change for purposes of section 313(a);
and
``(B) each Commissioner shall add to the record of
the Commission a written statement explaining the views
of the Commissioner with respect to the change.
``(2) Appeal.--If, pursuant to this subsection, a person
seeks a rehearing under section 313(a), and the Commission
fails to act on the merits of the rehearing request by the date
that is 30 days after the date of the rehearing request because
the Commissioners are divided two against two, as a result of
vacancy, incapacity, or recusal on the Commission, or if the
Commission lacks a quorum, such person may appeal under section
313(b).''.
SEC. 3007. J. BENNETT JOHNSTON WATERWAY HYDROPOWER EXTENSION.
(a) In General.--Notwithstanding the time period specified in
section 13 of the Federal Power Act (16 U.S.C. 806) that would
otherwise apply to Federal Energy Regulatory Commission project numbers
12756, 12757, and 12758, the Commission may, at the request of the
licensee for the applicable project, and after reasonable notice, in
accordance with the good faith, due diligence, and public interest
requirements of that section and the Commission's procedures under that
section, extend the time period during which such licensee is required
to commence the construction of its applicable project for up to 3
consecutive 2-year periods from the date of the expiration of the
extension originally issued by the Commission under that section for
such project.
(b) Obligation for Payment of Annual Charges.--Any obligation of a
licensee for a project described in subsection (a) for the payment of
annual charges under section 10(e) of the Federal Power Act (16 U.S.C.
803(e)) shall commence when the construction of the project commences.
(c) Reinstatement of License; Effective Date for Extension.--
(1) Reinstatement.--If the time period required for
commencement of construction of a project described in
subsection (a) has expired prior to the date of the enactment
of this Act, the Commission may reinstate the license for such
project, effective as of the date of the expiration of the
license.
(2) Effective date for extension.--If the Commission
reinstates a license under paragraph (1) for a project, the
first extension authorized under subsection (a) with respect to
such project shall take effect on the effective date of such
reinstatement under paragraph (1).
SEC. 3008. STAY AND REINSTATEMENT OF FERC LICENSE NO. 11393 FOR THE
MAHONEY LAKE HYDROELECTRIC PROJECT.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) License.--The term ``license'' means the license for
the Commission project numbered 11393.
(3) Licensee.--The term ``licensee'' means the holder of
the license.
(b) Stay of License.--On the request of the licensee, the
Commission shall issue an order continuing the stay of the license.
(c) Lifting of Stay.--On the request of the licensee, but not later
than 10 years after the date of enactment of this Act, the Commission
shall--
(1) issue an order lifting the stay of the license under
subsection (b); and
(2) make the effective date of the license the date on
which the stay is lifted under paragraph (1).
(d) Extension of License.--
(1) In general.--Notwithstanding the time period specified
in section 13 of the Federal Power Act (16 U.S.C. 806) that
would otherwise apply to the Commission project numbered 11393,
the Commission may, at the request of the licensee, and after
reasonable notice, in accordance with the good faith, due
diligence, and public interest requirements of, and the
procedures of the Commission under, that section, extend the
time period during which the licensee is required to commence
the construction of the project for not more than 3 consecutive
2-year periods from the date of the expiration of the extension
originally issued by the Commission.
(2) Reinstatement of expired license.--
(A) In general.--If the period required for the
commencement of construction of the project described
in paragraph (1) has expired prior to the date of
enactment of this Act, the Commission may reinstate the
license effective as of the date of the expiration of
the license.
(B) Extension.--If the Commission reinstates the
license under subparagraph (A), the first extension
authorized under paragraph (1) shall take effect on the
date of that expiration.
(e) Effect.--Nothing in this Act prioritizes, or creates any
advantage or disadvantage to, Commission project numbered 11393 under
Federal law, including the Federal Power Act (16 U.S.C. 791a et seq.)
or the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601
et seq.), as compared to--
(1) any electric generating facility in existence on the
date of enactment of this Act; or
(2) any electric generating facility that may be examined,
proposed, or developed during the period of any stay or
extension of the license under this Act.
SEC. 3009. STRATEGIC PETROLEUM RESERVE DRAWDOWN.
(a) Drawdown and Sale.--
(1) In general.--Notwithstanding section 161 of the Energy
Policy and Conservation Act (42 U.S.C. 6241), except as
provided in subsection (b), the Secretary of Energy shall draw
down and sell 5,000,000 barrels of crude oil from the Strategic
Petroleum Reserve during fiscal year 2028.
(2) Deposit of amounts received from sale.--Amounts
received from a sale under paragraph (1) shall be deposited in
the general fund of the Treasury during the fiscal year in
which the sale occurs.
(b) Emergency Protection.--The Secretary of Energy may not draw
down and sell crude oil under this section in quantities that would
limit the authority to sell petroleum products under subsection (h) of
section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241)
in the full quantity authorized by that subsection.
TITLE IV--OTHER MATTERS
Subtitle A--Clean Water
SEC. 4101. STORMWATER INFRASTRUCTURE FUNDING TASK FORCE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall establish a stormwater infrastructure funding
task force composed of representatives of Federal, State, and local
governments and private (including nonprofit) entities to conduct a
study on, and develop recommendations to improve, the availability of
public and private sources of funding for the construction,
rehabilitation, and operation and maintenance of stormwater
infrastructure to meet the requirements of the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.).
(b) Considerations.--In carrying out subsection (a), the task force
shall--
(1) identify existing Federal, State, and local public
sources and private sources of funding for stormwater
infrastructure; and
(2) consider--
(A) how funding for stormwater infrastructure from
such sources has been made available, and utilized, in
each State to address stormwater infrastructure needs
identified pursuant to section 516(b)(1) of the Federal
Water Pollution Control Act (33 U.S.C. 1375(b)(1));
(B) how the source of funding affects the
affordability of the infrastructure (as determined
based on the considerations used to assess the
financial capability of municipalities under the
integrated planning guidelines described in the
Integrated Municipal Stormwater and Wastewater Planning
Approach Framework, issued by the Environmental
Protection Agency on June 5, 2012, and dated May,
2012), including consideration of the costs associated
with financing the infrastructure; and
(C) whether such sources of funding are sufficient
to support capital expenditures and long-term operation
and maintenance costs necessary to meet the stormwater
infrastructure needs of municipalities.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the Administrator shall submit to Congress a report that
describes the results of the study conducted, and the recommendations
developed, under subsection (a).
(d) State Defined.--In this section, the term ``State'' has the
meaning given that term in section 502 of the Federal Water Pollution
Control Act (33 U.S.C. 1362).
SEC. 4102. WASTEWATER TECHNOLOGY CLEARINGHOUSE.
(a) In General.--
(1) In general.--The Administrator of the Environmental
Protection Agency shall--
(A) for each of the programs described in paragraph
(2), update the information for those programs to
include information on cost-effective and alternative
wastewater recycling and treatment technologies,
including onsite and decentralized systems; and
(B) disseminate to units of local government and
nonprofit organizations seeking Federal funds for
wastewater technology information on the cost
effectiveness of alternative wastewater treatment and
recycling technologies, including onsite and
decentralized systems.
(2) Programs described.--The programs referred to in
paragraph (1)(A) are programs that provide technical assistance
for wastewater management, including--
(A) programs for nonpoint source management under
section 319 of the Federal Water Pollution Control Act
(33 U.S.C. 1329); and
(B) the permit program for the disposal of sewer
sludge under section 405 of the Federal Water Pollution
Control Act (33 U.S.C. 1345).
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, and not less frequently than every 3 years
thereafter, the Administrator of the Environmental Protection Agency
shall submit to Congress a report that describes--
(1) the type and amount of information provided under
subsection (a) to units of local government and nonprofit
organizations regarding alternative wastewater treatment and
recycling technologies;
(2) the States and regions that have made greatest use of
alternative wastewater treatment and recycling technologies;
and
(3) the actions taken by the Administrator to assist States
in the deployment of alternative wastewater treatment and
recycling technologies, including onsite and decentralized
systems.
SEC. 4103. TECHNICAL ASSISTANCE FOR TREATMENT WORKS.
(a) Technical Assistance.--Section 104 of the Federal Water
Pollution Control Act (33 U.S.C. 1254) is amended--
(1) in subsection (b)--
(A) by striking ``and'' at the end of paragraph
(6);
(B) by striking the period at the end of paragraph
(7) and inserting ``; and''; and
(C) by adding at the end the following:
``(8) make grants to nonprofit organizations--
``(A) to provide technical assistance to rural,
small, and tribal municipalities for the purpose of
assisting, in consultation with the State in which the
assistance is provided, such municipalities and tribal
governments in the planning, developing, and
acquisition of financing for eligible projects and
activities described in section 603(c);
``(B) to provide technical assistance and training
for rural, small, and tribal publicly owned treatment
works and decentralized wastewater treatment systems to
enable such treatment works and systems to protect
water quality and achieve and maintain compliance with
the requirements of this Act; and
``(C) to disseminate information to rural, small,
and tribal municipalities and municipalities that meet
the affordability criteria established under section
603(i)(2) by the State in which the municipality is
located with respect to planning, design, construction,
and operation of publicly owned treatment works and
decentralized wastewater treatment systems.''; and
(2) by adding at the end the following:
``(w) Nonprofit Organization.--For purposes of subsection (b)(8),
the term `nonprofit organization' means a nonprofit organization that
the Administrator determines, after consultation with the States
regarding what small publicly owned treatments works in the State find
to be most beneficial and effective, is qualified and experienced in
providing on-site training and technical assistance to small publicly
owned treatment works.''.
(b) Authorization of Appropriations.--Section 104(u) of the Federal
Water Pollution Control Act (33 U.S.C. 1254(u)) is amended--
(1) by striking ``and (6)'' and inserting ``(6)''; and
(2) by inserting before the period at the end the
following: ``; and (7) not to exceed $25,000,000 for each of
fiscal years 2019 through 2023 for carrying out subsections
(b)(3), (b)(8), and (g)''.
SEC. 4104. AMENDMENTS TO LONG ISLAND SOUND PROGRAMS.
(a) Long Island Sound Restoration Program.--Section 119 of the
Federal Water Pollution Control Act (33 U.S.C. 1269) is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``Management Conference of the Long Island
Sound Study'' and inserting ``conference study'';
(B) in paragraph (2)--
(i) in each of subparagraphs (A) through
(G), by striking the commas at the end of the
subparagraphs and inserting semicolons;
(ii) in subparagraph (H), by striking ``,
and'' and inserting a semicolon;
(iii) in subparagraph (I), by striking the
period at the end and inserting a semicolon;
and
(iv) by adding at the end the following:
``(J) environmental vulnerabilities of the Long
Island Sound watershed, including--
``(i) the identification and assessment of
such vulnerabilities in the watershed;
``(ii) the development and implementation
of adaptation strategies to reduce such
vulnerabilities; and
``(iii) the identification and assessment
of the effects of sea level rise on water
quality, habitat, and infrastructure; and'';
(C) by striking paragraph (4) and inserting the
following:
``(4) develop and implement strategies to increase public
education and awareness with respect to the ecological health
and water quality conditions of Long Island Sound;'';
(D) in paragraph (5), by inserting ``study'' after
``conference'';
(E) in paragraph (6)--
(i) by inserting ``(including on a publicly
accessible website)'' after ``the public''; and
(ii) by inserting ``study'' after
``conference''; and
(F) by striking paragraph (7) and inserting the
following:
``(7) monitor the progress made toward meeting the
identified goals, actions, and schedules of the Comprehensive
Conservation and Management Plan, including through the
implementation and support of a monitoring system for the
ecological health and water quality conditions of Long Island
Sound; and'';
(2) in subsection (d)(3), in the second sentence, by
striking ``50 per centum'' and inserting ``60 percent'';
(3) by redesignating subsection (f) as subsection (h); and
(4) by inserting after subsection (e) the following:
``(f) Report.--
``(1) In general.--Not later than 2 years after the date of
enactment of this Act, and biennially thereafter, the Director
of the Office, in consultation with the Governor of each Long
Island Sound State, shall submit to Congress a report that--
``(A) summarizes and assesses the progress made by
the Office and the Long Island Sound States in
implementing the Long Island Sound Comprehensive
Conservation and Management Plan, including an
assessment of the progress made toward meeting the
performance goals and milestones contained in the Plan;
``(B) assesses the key ecological attributes that
reflect the health of the ecosystem of the Long Island
Sound watershed;
``(C) describes any substantive modifications to
the Long Island Sound Comprehensive Conservation and
Management Plan made during the 2-year period preceding
the date of submission of the report;
``(D) provides specific recommendations to improve
progress in restoring and protecting the Long Island
Sound watershed, including, as appropriate, proposed
modifications to the Long Island Sound Comprehensive
Conservation and Management Plan;
``(E) identifies priority actions for
implementation of the Long Island Sound Comprehensive
Conservation and Management Plan for the 2-year period
following the date of submission of the report; and
``(F) describes the means by which Federal funding
and actions will be coordinated with the actions of the
Long Island Sound States and other entities.
``(2) Public availability.--The Administrator shall make
the report described in paragraph (1) available to the public,
including on a publicly accessible website.
``(g) Federal Entities.--
``(1) Coordination.--The Administrator shall coordinate the
actions of all Federal departments and agencies that affect
water quality in the Long Island Sound watershed in order to
improve the water quality and living resources of the
watershed.
``(2) Methods.--In carrying out this section, the
Administrator, acting through the Director of the Office, may--
``(A) enter into interagency agreements; and
``(B) make intergovernmental personnel
appointments.
``(4) Consistency with comprehensive conservation and
management plan.--To the maximum extent practicable, the head
of each Federal department or agency that owns or occupies real
property, or carries out activities, within the Long Island
Sound watershed shall ensure that the property and all
activities carried out by the department or agency are
consistent with the Long Island Sound Comprehensive
Conservation and Management Plan (including any related
subsequent agreements and plans).''.
(b) Long Island Sound Stewardship Program.--Section 8(g) of the
Long Island Sound Stewardship Act of 2006 (33 U.S.C. 1269 note; Public
Law 109-359) is amended by striking ``2011'' and inserting ``2021''.
(c) Reauthorization of Long Island Sound Programs.--
(1) Long island sound grants.--Subsection (h) of section
119 of the Federal Water Pollution Control Act (33 U.S.C. 1269)
(as redesignated by subsection (a)) is amended to read as
follows:
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $40,000,000
for each of fiscal years 2019 through 2023.''.
(2) Long island sound stewardship grants.--Section 11(a) of
the Long Island Sound Stewardship Act of 2006 (33 U.S.C. 1269
note; Public Law 109-359) is amended by striking ``2007 through
2011'' and inserting ``2019 through 2023''.
SEC. 4105. AUTHORIZATION OF APPROPRIATIONS FOR COLUMBIA RIVER BASIN
RESTORATION.
Section 123(d) of the Federal Water Pollution Control Act (33
U.S.C. 1275(d)) is amended by adding at the end the following:
``(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $30,000,000 for
each of fiscal years 2020 and 2021.''.
SEC. 4106. SEWER OVERFLOW CONTROL GRANTS.
Section 221 of the Federal Water Pollution Control Act (33 U.S.C.
1301) is amended--
(1) by amending the section heading to read as follows:
``sewer overflow and stormwater reuse municipal grants'';
(2) by amending subsection (a) to read as follows:
``(a) In General.--
``(1) Grants to states.--The Administrator may make grants
to States for the purpose of providing grants to a municipality
or municipal entity for planning, design, and construction of--
``(A) treatment works to intercept, transport,
control, treat, or reuse municipal combined sewer
overflows, sanitary sewer overflows, or stormwater; and
``(B) any other measures to manage, reduce, treat,
or recapture stormwater or subsurface drainage water
eligible for assistance under section 603(c).
``(2) Direct municipal grants.--Subject to subsection (g),
the Administrator may make a direct grant to a municipality or
municipal entity for the purposes described in paragraph
(1).'';
(3) by amending subsection (e) to read as follows:
``(e) Administrative Requirements.--A project that receives
assistance under this section shall be carried out subject to the same
requirements as a project that receives assistance from a State water
pollution control revolving fund under title VI, except to the extent
that the Governor of the State in which the project is located
determines that a requirement of title VI is inconsistent with the
purposes of this section. For the purposes of this subsection, a
Governor may not determine that the requirements of title VI relating
to the application of section 513 are inconsistent with the purposes of
this section.'';
(4) by amending subsection (f) to read as follows:
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $225,000,000 for each of fiscal years
2019 through 2020.
``(2) Minimum allocations.--To the extent there are
sufficient eligible project applications, the Administrator
shall ensure that a State uses not less than 20 percent of the
amount of the grants made to the State under subsection (a) in
a fiscal year to carry out projects to intercept, transport,
control, treat, or reuse municipal combined sewer overflows,
sanitary sewer overflows, or stormwater through the use of
green infrastructure, water and energy efficiency improvements,
and other environmentally innovative activities.''; and
(5) by amending subsection (g) to read as follows:
``(g) Allocation of Funds.--
``(1) Fiscal year 2019.--Subject to subsection (h), the
Administrator shall use the amounts appropriated to carry out
this section for fiscal year 2019 for making grants to
municipalities and municipal entities under subsection (a)(2)
in accordance with the criteria set forth in subsection (b).
``(2) Fiscal year 2020 and thereafter.--Subject to
subsection (h), the Administrator shall use the amounts
appropriated to carry out this section for fiscal year 2020 and
each fiscal year thereafter for making grants to States under
subsection (a)(1) in accordance with a formula to be
established by the Administrator, after providing notice and an
opportunity for public comment, that allocates to each State a
proportional share of such amounts based on the total needs of
the State for municipal combined sewer overflow controls,
sanitary sewer overflow controls, and stormwater identified in
the most recent detailed estimate and comprehensive study
submitted pursuant to section 516 and any other information the
Administrator considers appropriate.''.
SEC. 4107. ASSISTANCE FOR INDIVIDUAL HOUSEHOLD DECENTRALIZED WASTEWATER
SYSTEMS OF INDIVIDUALS WITH LOW OR MODERATE INCOME.
(a) Projects and Activities Eligible for Assistance.--Section 603
of the Federal Water Pollution Control Act (33 U.S.C. 1383) is
amended--
(1) in subsection (c)--
(A) by striking ``and'' at the end of paragraph
(10);
(B) by striking ``Act.'' at the end of paragraph
(11) and inserting ``Act; and''; and
(C) by inserting after paragraph (11) the
following:
``(12) to any qualified nonprofit entity, as determined by
the Administrator, to provide assistance to an eligible
individual (as defined in subsection (j))--
``(A) for the repair or replacement of existing
individual household decentralized wastewater treatment
systems; or
``(B) in a case in which an eligible individual
resides in a household that could be cost-effectively
connected to an available publicly owned treatment
works, for the connection of the applicable household
to such treatment works.''; and
(2) by adding at the end the following:
``(j) Definition of Eligible Individual.--In subsection (c)(12),
the term `eligible individual' means a member of a household, the
members of which have a combined income (for the most recent 12-month
period for which information is available) equal to not more than 50
percent of the median nonmetropolitan household income for the State in
which the household is located, according to the most recent decennial
census.''.
(b) Report.--Not later than 2 years after the date of enactment of
this section, the Administrator of the Environmental Protection Agency
shall submit to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a report describing--
(1) the prevalence throughout the United States of low- and
moderate-income households without access to a treatment works;
and
(2) the use by States of assistance under section
603(c)(12) of the Federal Water Pollution Control Act.
Subtitle B--WIFIA Reauthorization and Innovative Financing for State
Loan Funds
SEC. 4201. WIFIA REAUTHORIZATION AND INNOVATIVE FINANCING FOR STATE
LOAN FUNDS.
(a) WIFIA Reauthorization.--
(1) Authority to provide assistance.--Section 5023 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C.
3902) is amended--
(A) by striking ``pilot'' each place it appears;
and
(B) in subsection (b)(1), by inserting ``provide
financial assistance to'' before ``carry out''.
(2) Determination of eligibility and project selection.--
Section 5028(a)(1)(E) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 3907(a)(1)(E)) is amended to
read as follows:
``(E) Special rule for certain combined projects.--
The Administrator shall develop a credit evaluation
process for a Federal credit instrument provided to--
``(i) a State infrastructure financing
authority for a project under section 5026(9),
which may include requiring the provision of a
final rating opinion letter from at least one
rating agency; or
``(ii) an entity for a project under
section 5026(10), which may include requiring
the provision of a final rating opinion letter
from at least two rating agencies.''.
(3) Repayments.--Section 5029(c)(2)(B) of the Water
Resources Reform and Development Act of 2014 (33 U.S.C.
3908(c)(2)(B)) is amended--
(A) by striking ``Scheduled'' and inserting the
following:
``(i) Timing of scheduled loan
repayments.--Scheduled''; and
(B) by adding at the end:
``(ii) Repayments.--None of the funds for
repayment of a secured loan under this title
from a State infrastructure financing authority
may come from funds provided to a State
revolving loan fund under title VI of the
Federal Water Pollution Control Act (33 U.S.C.
1381 et seq.) or section 1452 of the Safe
Drinking Water Act (42 U.S.C. 300j-12).''.
(4) Authorization of appropriations.--Section 5033 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C.
3912) is amended--
(A) in subsection (a)--
(i) by redesignating paragraphs (1) through
(5) as subparagraphs (A) through (E),
respectively, and indenting appropriately;
(ii) in the matter preceding subparagraph
(A) (as so redesignated), by striking ``There
is'' and inserting the following:
``(1) Fiscal years 2015 through 2019.--There are''; and
(iii) by adding at the end the following:
``(2) Fiscal years 2020 and 2021.--There is authorized to
be appropriated to the Administrator to carry out this subtitle
$50,000,000 for each of fiscal years 2020 and 2021, to remain
available until expended.''; and
(B) in subsection (b)--
(i) by striking ``Of the funds'' and
inserting the following:
``(1) Fiscal years 2015 through 2019.--Of the funds''; and
(ii) by adding at the end the following:
``(2) Fiscal years 2020 and 2021.--Of the funds made
available to carry out this subtitle, the Administrator may use
for the administration of this subtitle, including for the
provision of technical assistance to aid project sponsors in
obtaining the necessary approvals for the project, not more
than $5,000,000 for each of fiscal years 2020 and 2021.''.
(b) Innovative Financing for State Loan Funds.--
(1) Maximum federal involvement.--Section 5029(b)(9) of the
Water Resources Reform and Development Act of 2014 (33 U.S.C.
3908(b)(9)) is amended by adding at the end the following:
``(C) Exception for projects funded by a state
infrastructure financing authority.--Notwithstanding
subparagraph (A), a State infrastructure financing
authority may finance up to 100 percent of the costs of
a project using the proceeds of financial assistance
authorized under section 5033(e), provided that, in the
event of a default with respect to any such assistance,
the State infrastructure financing authority is solely
responsible for immediate repayment of such costs.''.
(2) Program administration.--Section 5030 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 3909)
is amended--
(A) in subsection (b), by inserting after paragraph
(1) the following:
``(2) Prohibition on pass through fees.--The Administrator,
in the case where a State infrastructure financing authority
obtains financial assistance under section 5033(e), shall
require as a condition of obtaining such assistance, that the
State infrastructure financing authority is prohibited from
passing any portion of the fees required under section
5029(b)(7) to any party that utilizes any portion of such
assistance for a project funded by such authority.''; and
(B) by redesignating subsection (e) as subsection
(h) and inserting after subsection (d) the following:
``(e) Special Rule for State Reviews of Projects for State
Infrastructure Financing Authorities.--
``(1) In general.--A project described in section 5026(9)
for which funding is provided under this title shall comply
with any applicable State environmental or engineering review
requirements pursuant to, as applicable--
``(A) title VI of the Federal Water Pollution
Control Act (33 U.S.C. 1381 et seq.); and
``(B) section 1452 of the Safe Drinking Water Act
(42 U.S.C. 300j-12).
``(2) No new reviews required.--Nothing in this title
requires any additional or new environmental or engineering
review for a project described in section 5026(9) for which
funding is provided, other than any requirement otherwise
applicable to the project.
``(f) Special Rule for Expedited Review of Applications From State
Infrastructure Financing Authorities.--Not later than 180 days after
the date on which the Administrator receives a complete application
from a State infrastructure financing authority for a project under
section 5026(9), the Administrator shall, through a written notice to
the State infrastructure financing authority--
``(1) approve the application; or
``(2) provide detailed guidance and an explanation of any
changes to the application necessary for approval of the
application.''.
(3) Authorization of appropriations.--Section 5033 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C.
3912) is further amended by adding at the end the following:
``(e) Assistance for State Infrastructure Financing Authorities.--
``(1) In general.--With respect to fiscal years 2020 and
2021, if the Administrator has available for obligation in a
fiscal year at least $50,000,000, there is authorized to be
appropriated to the Administrator $5,000,000 for that fiscal
year to provide financial assistance for projects described in
section 5026(9) to State infrastructure financing authorities.
``(2) No impact on other federal funding.--No funds shall
be made available in a fiscal year to the Administrator for
purposes of this subsection if--
``(A) the total amount appropriated for the fiscal
year for State loan funds under section 1452 of the
Safe Drinking Water Act is less than either the amount
made available for such purpose in fiscal year 2018, or
105 percent of the previous fiscal year's appropriation
for such purpose, whichever is greater; and
``(B) the total amount appropriated for the fiscal
year for water pollution control revolving funds under
title VI of the Federal Water Pollution Control Act is
less than either the amount made available for such
purpose for fiscal year 2018, or 105 percent of the
previous fiscal year's appropriation for such purpose,
whichever is greater.
``(3) Inclusion in agreement.--If the Administrator
provides financial assistance to a State infrastructure
financing authority under section 5029 using funds made
available pursuant to this subsection, the Administrator shall
specify in the agreement under such section the amount of such
assistance that is attributable to such funds.''.
(c) Administration of WIFIA Program.--Section 5030 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 3909), as
amended by subsection (b), is further amended by inserting after
subsection (f) the following:
``(g) Agreements.--
``(1) In general.--Subject to paragraphs (3) and (4), the
Administrator may enter into an agreement with another relevant
Federal agency to provide assistance in administering and
servicing Federal credit instruments that such agency is
authorized to make available.
``(2) Duties.--The Administrator may act as an agent for
the head of another Federal agency under paragraph (1), subject
to the terms of any agreement entered into by the Administrator
and the head of such other agency under such clause.
``(3) Transfer of funds.--The authority of the
Administrator to provide assistance under paragraph (1) is
subject to--
``(A) the availability of funds appropriated to the
other Federal agency that may be transferred to the
Administrator to carry out an agreement entered into
under paragraph (1); and
``(B) the transfer of such funds to the
Administrator to carry out such an agreement.
``(4) Limitation.--Nothing in this subsection affects the
authority of the Administrator with respect to the selection of
projects described in paragraphs (1), (8), or (10) of section
5026 to receive financial assistance under this subtitle.''.
(d) Reports on Pilot Program Implementation.--Section 5034 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C. 3913) is
amended--
(1) in the section heading, by striking ``pilot''; and
(2) in subsection (b)(1), by striking ``4 years after the
date of enactment of this Act'' and inserting ``3 years after
the date of enactment of the Water Resources Development Act of
2018''.
Subtitle C--Miscellaneous
SEC. 4301. AGREEMENT WITH COMMISSIONER OF RECLAMATION.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency and the
Commissioner of Reclamation shall enter into an agreement under section
5030(g) of the Water Infrastructure Finance and Innovation Act (as
added by this Act).
SEC. 4302. SNAKE RIVER BASIN FLOOD PREVENTION ACTION PLAN.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Commissioner of Reclamation, in consultation with the
Secretary of the Army, shall develop a flood prevention action plan for
each State or portion of a State within the Snake River Basin.
(b) Requirements.--A flood prevention action plan developed under
subsection (a) shall--
(1) focus on the areas most likely to experience flooding
within the 2 years following the date of enactment of this Act;
(2) include steps to manage and reduce flood risks within
the Snake River Basin; and
(3) include a description of the actions the Secretary and
the Commissioner of Reclamation plan to take to improve
coordination with local stakeholders to help manage and reduce
flood risks in the areas described in paragraph (1).
(c) Submission.--Not later than 180 days after the date of
enactment of this Act, after coordinating with local stakeholders, the
Commissioner of Reclamation shall submit to the Committee on
Environment and Public Works and the Committee on Energy and Natural
Resources of the Senate, and the Committee on Transportation and
Infrastructure and the Committee on Natural Resources of the House of
Representatives, the flood prevention plans developed under subsection
(a).
SEC. 4303. GAO AUDIT OF CONTRACTS AND TAINTER GATE REPAIRS OF HARLAN
COUNTY DAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall--
(1) conduct an audit of the extraordinary maintenance
repayment contracts No. 16XX630077 and No. 16XX630076 between
the United States and the Bostwick Division for repairs to the
Tainter gates and other features at Harlan County Dam,
including--
(A) an examination of whether--
(i) the Corps of Engineers should have
designated the Tainter gate rehabilitation as a
``Dam Safety Modification'', subject to the
cost-sharing requirements under section 1203 of
the Water Resources Development Act of 1986 (33
U.S.C. 467n), instead of an ``extraordinary
maintenance project''; and
(ii) a more appropriate cost share should
have applied to the Bostwick Division;
(B) a review of--
(i) the amounts owed by the Bostwick
Division to the Bureau of Reclamation; and
(ii) any reimbursements owed by the Corps
of Engineers to the Bureau of Reclamation based
on the actual costs of the project after
completion; and
(C) a review of project designations and cost-share
policies of the Bureau of Reclamation and other Federal
agencies for similar spillway gate repairs; and
(2) submit to Congress a report on the results of the audit
under paragraph (1).
(b) Treatment of Payments.--Payments made after the date of
enactment of this Act by the Bostwick Division to the Bureau of
Reclamation under the contracts described in subsection (a)(1) shall
be--
(1) deposited into a no-year account; and
(2) disbursed to the Bureau of Reclamation upon submission
of the report under subsection (a)(2).
SEC. 4304. WATER INFRASTRUCTURE AND WORKFORCE INVESTMENT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) water and wastewater utilities provide a unique
opportunity for access to stable, high-quality careers;
(2) as water and wastewater utilities make critical
investments in infrastructure, water and wastewater utilities
can invest in the development of local workers and local small
businesses to strengthen communities and ensure a strong
pipeline of skilled and diverse workers for today and tomorrow;
and
(3) to further the goal of ensuring a strong pipeline of
skilled and diverse workers in the water and wastewater
utilities sector, Congress urges--
(A) increased collaboration among Federal, State,
and local governments; and
(B) institutions of higher education, apprentice
programs, high schools, and other community-based
organizations to align workforce training programs and
community resources with water and wastewater utilities
to accelerate career pipelines and provide access to
workforce opportunities.
(b) Innovative Water Infrastructure Workforce Development
Program.--
(1) Grants authorized.--The Administrator of the
Environmental Protection Agency (referred to in this section as
the ``Administrator''), in consultation with the Secretary of
Agriculture, shall establish a competitive grant program--
(A) to assist the development and utilization of
innovative activities relating to workforce development
and career opportunities in the water utility sector;
and
(B) to expand public awareness about water
utilities and connect individuals to careers in the
water utility sector.
(2) Selection of grant recipients.--In awarding grants
under paragraph (1), the Administrator shall, to the extent
practicable, select nonprofit professional or service
organizations, labor organizations, community colleges,
institutions of higher education, or other training and
educational institutions--
(A) that have qualifications and experience--
(i) in the development of training programs
and curricula relevant to workforce needs of
water utilities;
(ii) working in cooperation with water
utilities; or
(iii) developing public education materials
appropriate for communicating with groups of
different ages and educational backgrounds; and
(B) that will address the human resources and
workforce needs of water utilities that--
(i) are geographically diverse;
(ii) are of varying sizes; and
(iii) serve urban, suburban, and rural
populations.
(3) Use of funds.--Grants awarded under paragraph (1) may
be used for activities such as--
(A) targeted internship, apprenticeship, pre-
apprenticeship, and post-secondary bridge programs for
skilled water utility trades that provide--
(i) on-the-job training;
(ii) skills development;
(iii) test preparation for skilled trade
apprenticeships;
(iv) advance training in the water utility
sector relating to construction, utility
operations, treatment and distribution, green
infrastructure, customer service, maintenance,
and engineering; or
(v) other support services to facilitate
post-secondary success;
(B) education programs designed for elementary,
secondary, and higher education students that--
(i) inform people about the role of water
and wastewater utilities in their communities;
(ii) increase the awareness of career
opportunities and exposure of students to water
utility careers through various work-based
learning opportunities inside and outside the
classroom; and
(iii) connect students to career pathways
related to water utilities;
(C) regional industry and workforce development
collaborations to address water utility employment
needs and coordinate candidate development,
particularly in areas of high unemployment or for water
utilities with a high proportion of retirement eligible
employees;
(D) integrated learning laboratories in secondary
educational institutions that provide students with--
(i) hands-on, contextualized learning
opportunities;
(ii) dual enrollment credit for post-
secondary education and training programs; and
(iii) direct connection to industry
employers; and
(E) leadership development, occupational training,
mentoring, or cross-training programs that ensure that
incumbent water and waste water utilities workers are
prepared for higher level supervisory or management-
level positions.
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $1,000,000 for
each of fiscal years 2019 and 2020.
SEC. 4305. REGIONAL LIAISONS FOR MINORITY, TRIBAL, AND LOW-INCOME
COMMUNITIES.
(a) In General.--The Administrator of the Environmental Protection
Agency (referred to in this section as the ``Administrator'') shall
assign at least one employee in each regional office of the
Environmental Protection Agency to serve as a liaison to minority,
Tribal, and low-income communities in the relevant region.
(b) Public Identification.--The Administrator shall identify each
regional liaison assigned under subsection (a) on the internet website
of--
(1) the relevant regional office of the Environmental
Protection Agency; and
(2) the Office of Environmental Justice of the
Environmental Protection Agency.
SEC. 4306. WATERSENSE.
(a) WaterSense.--The Energy Policy and Conservation Act (42 U.S.C.
6201 et seq.) is amended by adding after section 324A the following:
``SEC. 324B. WATERSENSE PROGRAM.
``(a) Establishment of WaterSense Program.--
``(1) In general.--There is established within the
Environmental Protection Agency a voluntary program, to be
known as the WaterSense program, to identify and promote water-
efficient products, buildings, landscapes, facilities,
processes, and services in order to, through voluntary labeling
of, or other forms of communications regarding, such products,
buildings, landscapes, facilities, processes, and services
while meeting strict performance criteria, sensibly--
``(A) reduce water use;
``(B) reduce the strain on public water systems,
community water systems, and wastewater and stormwater
infrastructure;
``(C) conserve energy used to pump, heat,
transport, and treat water; and
``(D) preserve water resources for future
generations.
``(2) Inclusions.--Categories of products, buildings,
landscapes, facilities, processes, and services that may be
included under the program include--
``(A) irrigation technologies and services;
``(B) point-of-use water treatment devices;
``(C) plumbing products;
``(D) water reuse and recycling technologies;
``(E) landscaping and gardening products, including
moisture control or water enhancing technologies;
``(F) xeriscaping and other landscape conversions
that reduce water use;
``(G) whole house humidifiers; and
``(H) water-efficient buildings or facilities.
``(b) Duties.--The Administrator of the Environmental Protection
Agency, in coordination with the Secretary of Energy as appropriate,
shall--
``(1) establish--
``(A) a WaterSense label to be used for products,
buildings, landscapes, facilities, processes, and
services meeting the certification criteria established
pursuant to this section; and
``(B) the procedure, including the methods and
means, and criteria by which products, buildings,
landscapes, facilities, processes, and services may be
certified to display the WaterSense label;
``(2) enhance public awareness regarding the WaterSense
label through outreach and public education;
``(3) preserve the integrity of the WaterSense label by--
``(A) establishing and maintaining feasible
performance criteria so that products, buildings,
landscapes, facilities, processes, and services
certified to display the WaterSense label perform as
well or better than less water-efficient counterparts;
``(B) overseeing WaterSense certifications made by
third parties, which shall be independent third-party
product certification bodies accredited by an
accreditation entity domiciled in the United States;
``(C) using testing protocols, from the
appropriate, applicable, and relevant consensus
standards, for the purpose of determining compliance
with performance criteria; and
``(D) auditing the use of the WaterSense label in
the marketplace and preventing cases of misuse;
``(4) not more frequently than every 6 years after adoption
or major revision of any WaterSense performance criteria,
review and, if appropriate, revise the performance criteria to
achieve additional water savings;
``(5) in revising any WaterSense criteria--
``(A) provide reasonable notice to interested
parties and the public of any changes, including
effective dates, and an explanation of the changes;
``(B) solicit comments from interested parties and
the public prior to any changes;
``(C) as appropriate, respond to comments submitted
by interested parties and the public; and
``(D) provide an appropriate transition time prior
to the applicable effective date of any changes, taking
into account the timing necessary for the manufacture,
marketing, training, and distribution of the specific
product, building, landscape, process, or service
category being addressed; and
``(6) not later than December 31, 2019, consider for review
and revise, if necessary, any WaterSense performance criteria
adopted before January 1, 2012.
``(c) Transparency.--The Administrator of the Environmental
Protection Agency shall, to the extent practicable and not less than
annually, estimate and make available to the public the relative water
and energy savings attributable to the use of WaterSense-labeled
products, buildings, landscapes, facilities, processes, and services.
``(d) Distinction of Authorities.--In setting or maintaining
specifications and criteria for Energy Star pursuant to section 324A,
and WaterSense under this section, the Secretary of Energy and the
Administrator of the Environmental Protection Agency shall coordinate
to prevent duplicative or conflicting requirements among the respective
programs.
``(e) No Warranty.--A WaterSense label shall not create any express
or implied warranty.
``(f) Methods for Establishing Performance Criteria.--In
establishing performance criteria for products, buildings, landscapes,
facilities, processes, or services pursuant to this section, the
Administrator of the Environmental Protection Agency shall use
technical specifications and testing protocols established by voluntary
consensus standards organizations relevant to specific products,
buildings, landscapes, facilities, processes, or services, as
appropriate.
``(g) Definition of Feasible.--The term `feasible' means feasible
with the use of the best technology, techniques, and other means that
the Administrator of the Environmental Protection Agency finds, after
examination for efficacy under field conditions and not solely under
laboratory conditions, are available (taking cost into
consideration).''.
(b) Table of Contents.--The table of contents for the Energy Policy
and Conservation Act is amended by adding after the item relating to
section 324A the following:
``Sec. 324B. WaterSense program.''.
SEC. 4307. PREDATORY AND OTHER WILD ANIMALS.
Section 1 of the Act of March 2, 1931 (46 Stat. 1468, chapter 370;
7 U.S.C. 8351) is amended--
(1) in the second sentence, by striking ``The Secretary''
and inserting the following:
``(b) Administration.--The Secretary'';
(2) in the first sentence, by striking ``The Secretary''
and inserting the following:
``(a) In General.--The Secretary''; and
(3) by adding at the end the following:
``(c) Action by FWS.--The Director of the United States Fish and
Wildlife Service shall use the most expeditious procedure practicable
to process and administer permits for take of--
``(1) a depredating eagle under the Act of June 8, 1940
(commonly known as the `Bald Eagle Protection Act') (54 Stat.
250, chapter 278; 16 U.S.C. 668 et seq.), or sections 22.11
through 22.32of title 50, Code of Federal Regulations (or
successor regulations) (including depredation of livestock,
wildlife, and species protected under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) or any other Federal
management program); or
``(2) a migratory bird included on the list under section
10.13 of title 50, Code of Federal Regulations (or successor
regulations) that is posing a conflict.''.
SEC. 4308. KLAMATH PROJECT WATER AND POWER.
(a) Addressing Water Management and Power Costs for Irrigation.--
The Klamath Basin Water Supply Enhancement Act of 2000 (Public Law 106-
498; 114 Stat. 2221) is amended--
(1) by redesignating sections 4 through 6 as sections 5
through 7, respectively; and
(2) by inserting after section 3 the following:
``SEC. 4. POWER AND WATER MANAGEMENT.
``(a) Definitions.--In this section:
``(1) Covered power use.--The term `covered power use'
means a use of power to develop or manage water from any source
for irrigation, wildlife purposes, or drainage on land that
is--
``(A) associated with the Klamath Project,
including land within a unit of the National Wildlife
Refuge System that receives water due to the operation
of Klamath Project facilities; or
``(B) irrigated by the class of users covered by
the agreement dated April 30, 1956, between the
California Oregon Power Company and Klamath Basin Water
Users Protective Association and within the Off Project
Area (as defined in the Upper Basin Comprehensive
Agreement entered into on April 18, 2014), only if each
applicable owner and holder of a possessory interest of
the land is a party to that agreement (or a successor
agreement that the Secretary determines provides a
comparable benefit to the United States).
``(2) Klamath project.--
``(A) In general.--The term `Klamath Project' means
the Bureau of Reclamation project in the States of
California and Oregon.
``(B) Inclusions.--The term `Klamath Project'
includes any dam, canal, or other works or interests
for water diversion, storage, delivery, and drainage,
flood control, or any similar function that is part of
the project described in subparagraph (A).
``(3) Power cost benchmark.--The term `power cost
benchmark' means the average net delivered cost of power for
irrigation and drainage at Reclamation projects in the area
surrounding the Klamath Project that are similarly situated to
the Klamath Project, including Reclamation projects that--
``(A) are located in the Pacific Northwest; and
``(B) receive project-use power.
``(b) Water Activities and Drought Response.--
``(1) In general.--Pursuant to the reclamation laws and
subject to appropriations and required environmental reviews,
the Secretary may carry out activities, including entering into
a contract or making financial assistance available through
cooperative agreements or other methods--
``(A) to plan, implement, and administer programs
to align water supplies and demand for irrigation water
users associated with the Klamath Project, with a
primary emphasis on programs developed or endorsed by
local entities comprised of representatives of those
water users;
``(B) Expenditures under this paragraph shall not
exceed $10 million on an average annual basis.
``(2) 2018 drought response.--All disbursements made or to
be made based on actions approved by the Secretary under
Contract Numbers 18-WC-20-5322 and 18-WC-20-5323 are
authorized.
``(3) Requirements.--The Secretary shall ensure that the
activities under this subsection--
``(A) do not foster groundwater use that results in
groundwater level declines that, based on existing data
from the United States Geological Survey, are more than
appropriate in a critically dry year, taking into
consideration the long-term sustainability of aquifers;
``(B) do not adversely affect compliance with
applicable laws protecting fishery resources in Upper
Klamath Lake and the Klamath River.
``(4) Conveyance of non-project water.--
``(A) In general.--Subject to subparagraphs (B) and
(C), any entity operating under a contract entered into
with the United States for the operation and
maintenance of any Klamath Project works or facility,
and any entity operating any works or facility not
owned by the United States that receives Klamath
Project water, may use, without any additional Federal
contract, permit, or other authorization, any Klamath
Project works or facility to convey non-Klamath Project
water for any authorized purpose of the Klamath
Project.
``(B) Permits; measurement.--A use of water
pursuant to subparagraph (A) (including an addition or
conveyance of water) shall be subject to the
requirements that--
``(i) the applicable entity shall secure
all permits required under State or local law;
and
``(ii) as applicable--
``(I) all water delivered into and
taken out of a Klamath Project works or
facility pursuant to that subparagraph
shall be measured; and
``(II) any irrigation district
conveying water shall ensure that only
the land authorized to receive water
under applicable State law shall
receive, and put to beneficial use, the
water, in accordance with the
applicable State law and any associated
terms and conditions.
``(C) Limitation.--A use of non-Klamath Project
water under this paragraph shall not--
``(i) adversely affect the delivery of
water to any water user or land served by the
Klamath Project; or
``(ii) result in any additional cost to the
United States.
``(4) Effect of subsection.--Nothing in this subsection
authorizes the Secretary--
``(A) to develop or construct new facilities for
the Klamath Project without appropriate approval from
Congress under section 9 of the Reclamation Projects
Act of 1939 (43 U.S.C. 485h); or
``(B) to carry out activities that have not
otherwise been authorized.
``(c) Reducing Power Costs.--
``(1) In general.--Not later than 180 days after the date
of enactment of America's Water Infrastructure Act of 2018, the
Secretary, in consultation with interested irrigation interests
that are eligible for covered power use and organizations
representative of those interests, shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives
a report that--
``(A) identifies the power cost benchmark; and
``(B) recommends actions (other than direct
payments to persons making covered power uses or to
other entities for the purposes of subsidizing power
rates) that, in the judgment of the Secretary, are
necessary and appropriate to ensure that the net
delivered power cost for covered power use is equal to
or less than the power cost benchmark, including a
description of--
``(i) actions--
``(I) to immediately reduce power
costs; and
``(II) to ensure that the net
delivered power cost for covered power
use is equal to, or less than, the
power cost benchmark in the near term,
while longer-term actions are being
implemented;
``(ii) actions that prioritize--
``(I) water and power conservation
and efficiency measures that could
assist in achieving the power cost
benchmark;
``(II) to the extent actions
involving the development or
acquisition of power generation are
included, renewable energy technologies
(including hydropower); and
``(III) regional economic
development;
``(iii) the potential costs and timeline
for the actions recommended under this
subparagraph;
``(iv) provisions for modifying the actions
and timeline to adapt to new information or
circumstances; and
``(v) a description of public input
regarding the proposed actions, including--
``(I) input from water users that
have covered power use; and
``(II) the degree to which those
water users concur with the
recommendations.''.
(b) Effect.--None of the amendments made by this section--
(1) modify any authority or obligation of the United States
with respect to any tribal trust or treaty obligation of the
United States;
(2) create or determine any water right or affects any
water right or water right claim in existence on the date of
enactment of this Act; or
(3) authorize the use of Federal funds for the physical
deconstruction of the Iron Gate, Copco 1, Copco 2, or John C.
Boyle Dam located on the Klamath River in the States of
California and Oregon.
SEC. 4309. CERTAIN BUREAU OF RECLAMATION DIKES.
(a) In General.--Notwithstanding any other provision of law
(including regulations), effective beginning on the date of enactment
of this section, the Federal share of the operations and maintenance
costs of a dike described in subsection (b) shall be 100 percent.
(b) Description of Dikes.--A dike referred to in subsection (a) is
a dike--
(1) that is owned by the Bureau of Reclamation on the date
of enactment of this section;
(2) the construction of which was completed not later than
December 31, 1945;
(3) a corrective action study for which was completed not
later than December 31, 2015; and
(4) the construction of which was authorized by the Act of
June 28, 1938 (52 Stat. 1215, chapter 795).
SEC. 4310. AUTHORITY TO MAKE ENTIRE ACTIVE CAPACITY OF FONTENELLE
RESERVOIR AVAILABLE FOR USE.
(a) In General.--The Secretary of the Interior (referred to in this
section as the ``Secretary''), in cooperation with the State of
Wyoming, may amend the Definite Plan Report for the Seedskadee Project
authorized under the first section of the Act of April 11, 1956
(commonly known as the ``Colorado River Storage Project Act'') (43
U.S.C. 620), to provide for the study, design, planning, and
construction activities that will enable the use of all active storage
capacity (as may be defined or limited by legal, hydrologic,
structural, engineering, economic, and environmental considerations) of
Fontenelle Dam and Reservoir, including the placement of sufficient
riprap on the upstream face of Fontenelle Dam to allow the active
storage capacity of Fontenelle Reservoir to be used for those purposes
for which the Seedskadee Project was authorized.
(b) Cooperative Agreements.--
(1) In general.--The Secretary may enter into any contract,
grant, cooperative agreement, or other agreement that is
necessary to carry out subsection (a).
(2) State of wyoming.--
(A) In general.--The Secretary shall enter into a
cooperative agreement with the State of Wyoming to work
in cooperation and collaboratively with the State of
Wyoming for planning, design, related preconstruction
activities, and construction of any modification of the
Fontenelle Dam under subsection (a).
(B) Requirements.--The cooperative agreement under
subparagraph (A) shall, at a minimum, specify the
responsibilities of the Secretary and the State of
Wyoming with respect to--
(i) completing the planning and final
design of the modification of the Fontenelle
Dam under subsection (a);
(ii) any environmental and cultural
resource compliance activities required for the
modification of the Fontenelle Dam under
subsection (a) including compliance with--
(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
(II) the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.); and
(III) subdivision 2 of division A
of subtitle III of title 54, United
States Code; and
(iii) the construction of the modification
of the Fontenelle Dam under subsection (a).
(c) Funding by State of Wyoming.--Pursuant to the Act of March 4,
1921 (41 Stat. 1404, chapter 161; 43 U.S.C. 395), and as a condition of
providing any additional storage under subsection (a), the State of
Wyoming shall provide to the Secretary funds for any work carried out
under subsection (a).
(d) Other Contracting Authority.--
(1) In general.--The Secretary may enter into contracts
with the State of Wyoming, on such terms and conditions as the
Secretary and the State of Wyoming may agree, for division of
any additional active capacity made available under subsection
(a).
(2) Terms and conditions.--Unless otherwise agreed to by
the Secretary and the State of Wyoming, a contract entered into
under paragraph (1) shall be subject to the terms and
conditions of Bureau of Reclamation Contract No. 14-06-400-2474
and Bureau of Reclamation Contract No. 14-06-400-6193.
(e) Savings Provisions.--Unless expressly provided in this section,
nothing in this section modifies, conflicts with, preempts, or
otherwise affects--
(1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
(2) the Colorado River Compact of 1922, as approved by the
Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
(3) the Boulder Canyon Project Adjustment Act (43 U.S.C.
618 et seq.);
(4) the Treaty between the United States of America and
Mexico relating to the utilization of waters of the Colorado
and Tijuana Rivers and of the Rio Grande, and supplementary
protocol signed November 14, 1944, signed at Washington
February 3, 1944 (59 Stat. 1219);
(5) the Upper Colorado River Basin Compact as consented to
by the Act of April 6, 1949 (63 Stat. 31);
(6) the Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43 U.S.C. 620 et
seq.);
(7) the Colorado River Basin Project Act (Public Law 90-
537; 82 Stat. 885); or
(8) any State of Wyoming or other State water law.
SEC. 4311. BLACKFEET WATER RIGHTS SETTLEMENT.
(a) Blackfeet Settlement Trust Fund.--Section 3716(e) of the Water
Infrastructure Improvements for the Nation Act (130 Stat. 1835) is
amended--
(1) in paragraph (2), by striking ``appropriations,'' and
all that follows through the period at the end and inserting
the following: ``appropriations, the following amounts shall be
made available to the Tribe for implementation of this
subtitle:
``(A) 50 percent of the amounts in the
Administration and Energy Account.
``(B) 50 percent of the amounts in the OM&R
Account.
``(C) 50 percent of the amounts in the St. Mary
Account.
``(D) 50 percent of the amounts in the Blackfeet
Water, Storage, and Development Projects Account.'';
and
(2) by adding at the end the following:
``(3) Availability.--
``(A) In general.--Except as provided in
subparagraph (B), none of the funds deposited in the
Trust Fund in fiscal year 2018 shall be available for
expenditure in accordance with this subsection until
the enforceability date.
``(B) Exception.--Notwithstanding subparagraph (A),
of the funds in the Administration and Energy Account,
$4,800,000 shall be available to the Tribe for the
implementation of this subtitle.''.
(b) Blackfeet Water Settlement Implementation Fund.--Section
3717(e) of the Water Infrastructure Improvements for the Nation Act
(130 Stat. 1837) is amended--
(1) by striking ``Amounts in'' and inserting the following:
``(1) In general.--Amounts in''; and
(2) by adding at the end the following:
``(2) Funding for implementation activities.--
Notwithstanding paragraph (1), the following amounts shall be
available to the Secretary for the implementation of this
subtitle:
``(A) 50 percent of the amounts in the MR&I System,
Irrigation, and Water Storage Account to carry out
section 3711.
``(B) 50 percent of the amounts in the MR&I System,
Irrigation, and Water Storage Account to carry out
section 3712.
``(C) 50 percent of the amounts in the Blackfeet
Irrigation Project Deferred Maintenance and Four Horns
Dam Safety Improvements Account to carry out section
3710(c).
``(D) The amounts in the Blackfeet Irrigation
Project Deferred Maintenance and Four Horns Dam Safety
Improvements Account to carry out section 3710(d).
``(E) From the St. Mary/Water Milk Management and
Activities Account:
``(i) 50 percent of the amount described in
section 3707(g)(1) to carry out section
3707(c).
``(ii) 50 percent of the amount described
in section 3707(g)(2) to carry out section
3707(d).
``(iii) The amount described in section
3707(g)(3) to carry out subsection (f).
``(iv) The amounts in the Account to carry
out section 3705.
``(3) Availability.--None of the funds made available under
this section in fiscal year 2018 shall be available until the
enforceability date.''.
(c) Technical Corrections.--Section 3720 of the Water
Infrastructure Improvements for the Nation Act (130 Stat. 1839) is
amended--
(1) in subsection (a)(3)(B), by striking ``section 3706''
and inserting ``section 6''; and
(2) in subsection (h), in the matter preceding paragraph
(1), by striking ``January 21, 2026'' and inserting ``January
21, 2025''.
SEC. 4312. INDIAN IRRIGATION FUND REAUTHORIZATION.
(a) Deposits to Funds.--Section 3212(a) of the Water Infrastructure
Improvements for the Nation Act (130 Stat. 1750) is amended by striking
``each of fiscal years 2017 through 2021'' and inserting ``each of
fiscal years 2017 through 2028''.
(b) Expenditures From Fund.--Section 3213(a) of the Water
Infrastructure Improvements for the Nation Act (130 Stat. 1750) is
amended in the matter preceding paragraph (1) by striking ``each of
fiscal years 2017 through 2021'' and inserting ``each of fiscal years
2017 through 2028''.
(c) Termination.--Section 3216 of the Water Infrastructure
Improvements for the Nation Act (130 Stat. 1750) is amended in the
matter preceding paragraph (1) by striking ``September 30, 2021'' and
inserting ``September 30, 2028''.
SEC. 4313. REAUTHORIZATION OF REPAIR, REPLACEMENT, AND MAINTENANCE OF
CERTAIN INDIAN IRRIGATION PROJECTS.
(a) In General.--Section 3221(b) of the Water Infrastructure
Improvements for the Nation Act (130 Stat. 1751) is amended in the
matter preceding paragraph (1) by striking ``each of fiscal years 2017
through 2021'' and inserting ``each of fiscal years 2017 through
2028''.
(b) Status Report on Certain Projects.--Section 3224(d) of the
Water Infrastructure Improvements for the Nation Act (130 Stat. 1753)
is amended in the matter preceding paragraph (1) by striking ``fiscal
year 2021'' and inserting ``fiscal year 2028''.
(c) Allocation Among Projects.--Section 3226 of the Water
Infrastructure Improvements for the Nation Act (130 Stat. 1753) is
amended--
(1) in subsection (a), by striking ``each of fiscal years
2017 through 2021'' and inserting ``each of fiscal years 2017
through 2028''; and
(2) in subsection (b), by striking ``the day before the
date of enactment of this Act'' and inserting ``the day before
the date of enactment of America's Water Infrastructure Act of
2018''.
SEC. 4314. INDIAN DAM SAFETY REAUTHORIZATION.
Section 3101 of the Water Infrastructure Improvements for the
Nation Act (25 U.S.C. 3805) is amended--
(1) by striking ``each of fiscal years 2017 through 2023''
each place it appears and inserting ``each of fiscal years 2017
through 2030'';
(2) in subsection (b)--
(A) in paragraph (1)(F), in the matter preceding
clause (i), by striking ``September 30, 2023'' and
inserting ``September 30, 2030''; and
(B) in paragraph (2)(F), in the matter preceding
clause (i), by striking ``September 30, 2023'' and
inserting ``September 30, 2030''; and
(3) in subsection (f)--
(A) in paragraph (2), by striking ``4 years'' and
inserting ``11 years''; and
(B) in paragraph (3), by striking ``each of fiscal
years 2017, 2018, and 2019'' and inserting ``each of
fiscal years 2017 through 2026''.
SEC. 4315. DIANA E. MURPHY UNITED STATES COURTHOUSE.
(a) Designation.--The United States courthouse located at 300 South
Fourth Street in Minneapolis, Minnesota, shall be known and designated
as the ``Diana E. Murphy United States Courthouse''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States
courthouse referred to in subsection (a) shall be deemed to be a
reference to the ``Diana E. Murphy United States Courthouse''.
Amend the title so as to read: ``An Act to provide for
improvements to the rivers and harbors of the United States, to
provide for the conservation and development of water and
related resources, to provide for water pollution control
activities, and for other purposes.''.
Attest:
Clerk.
115th CONGRESS
2d Session
S. 3021
_______________________________________________________________________
AMENDMENTS