[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3021 Enrolled Bill (ENR)]
S.3021
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.