[Congressional Record Volume 162, Number 134 (Wednesday, September 7, 2016)]
[Senate]
[Pages S5324-S5361]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                WATER RESOURCES DEVELOPMENT ACT OF 2016

  The PRESIDING OFFICER. The clerk will report the bill.
  The senior assistant legislative clerk read as follows:

       A bill (S. 2848) to provide for the conservation and 
     development of water and related resources, to authorize the 
     Secretary of the Army to construct various projects for 
     improvements to rivers and harbors of the United States, and 
     for other purposes.

  Thereupon, the Senate proceeded to consider the bill, which had been 
reported from the Committee on Environment and Public Works, with 
amendment, as follows:
  (The parts of the bill intended to be stricken are shown in black 
brackets and the parts of the bill intended to be inserted are shown in 
italics.)


 =========================== NOTE =========================== 

  
  On page S5324, September 7, 2016, in the middle of the third 
column, the following language appears:. . . inserted are shown in 
italics.) The committee amendments wereagreed to. The bill was 
ordered to be engrossedfor a third reading, read the third 
time,and passed. The bill, as amended, is as follows: S. 2848
  
  The online Record has been corrected to read:. . . inserted are 
shown in italics.) S. 2848


 ========================= END NOTE ========================= 


                                S. 2848

       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 the ``Water 
     Resources Development Act of 2016''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
Sec. 3. Limitations.

                        TITLE I--PROGRAM REFORMS

Sec. 1001. Study of water resources development projects by non-Federal 
              interests.
Sec. 1002. Advanced funds for water resources development studies and 
              projects.
Sec. 1003. Authority to accept and use materials and services.
Sec. 1004. Partnerships with non-Federal entities to protect the 
              Federal investment.
Sec. 1005. Non-Federal study and construction of projects.
Sec. 1006. Munitions disposal.
Sec. 1007. Challenge cost-sharing program for management of recreation 
              facilities.

[[Page S5325]]

Sec. 1008. Structures and facilities constructed by the Secretary.
Sec. 1009. Project completion.
Sec. 1010. Contributed funds.
Sec. 1011. Application of certain benefits and costs included in final 
              feasibility studies.
Sec. 1012. Leveraging Federal infrastructure for increased water 
              supply.
Sec. 1013. New England District headquarters.
Sec. 1014. Buffalo District headquarters.
Sec. 1015. Completion of ecosystem restoration projects.
Sec. 1016. Credit for donated goods.
Sec. 1017. Structural health monitoring.
Sec. 1018. Fish and wildlife mitigation.
Sec. 1019. Non-Federal interests.
Sec. 1020. Discrete segment.
Sec. 1021. Funding to process permits.
Sec. 1022. International Outreach Program.
Sec. 1023. Wetlands mitigation.
Sec. 1024. Use of Youth Service and Conservation Corps.
Sec. 1025. Debris removal.
[Sec. 1026. Oyster aquaculture study.]
Sec. 1026. Aquaculture study.
Sec. 1027. Levee vegetation.
Sec. 1028. Planning assistance to States.
Sec. 1029. Prioritization.
Sec. 1030. Kennewick Man.
Sec. 1031. Review of Corps of Engineers assets.
Sec. 1032. Review of reservoir operations.
Sec. 1033. Transfer of excess credit.
Sec. 1034. Surplus water storage.
Sec. 1035. Hurricane and storm damage reduction.
Sec. 1036. Fish hatcheries.
Sec. 1037. Feasibility studies and watershed assessments.
Sec. 1038. Shore damage prevention or mitigation.

                          TITLE II--NAVIGATION

Sec. 2001. Projects funded by the Inland Waterways Trust Fund.
Sec. 2002. Operation and maintenance of fuel-taxed inland waterways.
Sec. 2003. Funding for harbor maintenance programs.
Sec. 2004. Dredged material disposal.
Sec. 2005. Cape Arundel disposal site, Maine.
Sec. 2006. Maintenance of harbors of refuge.
Sec. 2007. Aids to navigation.
Sec. 2008. Beneficial use of dredged material.
Sec. 2009. Operation and maintenance of harbor projects.
Sec. 2010. Additional measures at donor ports and energy transfer 
              ports.
Sec. 2011. Harbor deepening.
Sec. 2012. Operations and maintenance of inland Mississippi River 
              ports.
Sec. 2013. Implementation guidance.
Sec. 2014. Remote and subsistence harbors.
Sec. 2015. Non-Federal interest dredging authority.
Sec. 2016. Transportation cost savings.
Sec. 2017. Dredged material.

                     TITLE III--SAFETY IMPROVEMENTS

Sec. 3001. Rehabilitation assistance for non-Federal flood control 
              projects.
Sec. 3002. Rehabilitation of existing levees.
Sec. 3003. Maintenance of high risk flood control projects.
Sec. 3004. Rehabilitation of high hazard potential dams.

         TITLE IV--RIVER BASINS, WATERSHEDS, AND COASTAL AREAS

Sec. 4001. Gulf Coast oyster bed recovery plan.
Sec. 4002. Columbia River.
Sec. 4003. Missouri River.
Sec. 4004. Puget Sound nearshore ecosystem restoration.
Sec. 4005. Ice jam prevention and mitigation.
Sec. 4006. Chesapeake Bay oyster restoration.
Sec. 4007. North Atlantic coastal region.
Sec. 4008. Rio Grande.
Sec. 4009. Texas coastal area.
Sec. 4010. Upper Mississippi and Illinois Rivers flood risk management.
Sec. 4011. Salton Sea, California.
Sec. 4012. Adjustment.
Sec. 4013. Coastal resiliency.
Sec. 4014. Regional intergovernmental collaboration on coastal 
              resilience.

                       TITLE V--DEAUTHORIZATIONS

Sec. 5001. Deauthorizations.
Sec. 5002. Conveyances.

                TITLE VI--WATER RESOURCES INFRASTRUCTURE

Sec. 6001. Authorization of final feasibility studies.
Sec. 6002. Authorization of project modifications recommended by the 
              Secretary.
Sec. 6003. Authorization of study and modification proposals submitted 
              to Congress by the Secretary.

     TITLE VII--SAFE DRINKING WATER AND CLEAN WATER INFRASTRUCTURE

Sec. 7001. Definition of Administrator.
Sec. 7002. Sense of the Senate on appropriations levels and findings on 
              economic impacts.

                       Subtitle A--Drinking Water

Sec. 7101. Preconstruction work.
Sec. 7102. Priority system requirements.
Sec. 7103. Administration of State loan funds.
Sec. 7104. Other authorized activities.
Sec. 7105. Negotiation of contracts.
Sec. 7106. Assistance for small and disadvantaged communities.
Sec. 7107. Reducing lead in drinking water.
Sec. 7108. Regional liaisons for minority, tribal, and low-income 
              communities.
Sec. 7109. Notice to persons served.
Sec. 7110. Electronic reporting of drinking water data.
Sec. 7111. Lead testing in school and child care drinking water.
Sec. 7112. WaterSense program.
Sec. 7113. Water supply cost savings.

                        Subtitle B--Clean Water

Sec. 7201. Sewer overflow control grants.
Sec. 7202. Small treatment works.
Sec. 7202. Small and medium treatment works.
Sec. 7203. Integrated plans.
Sec. 7204. Green infrastructure promotion.
Sec. 7205. Financial capability guidance.

     Subtitle C--Innovative Financing and Promotion of Innovative 
                              Technologies

Sec. 7301. Water infrastructure public-private partnership pilot 
              program.
Sec. 7302. Water infrastructure finance and innovation.
Sec. 7303. Water Infrastructure Investment Trust Fund.
Sec. 7304. Innovative water technology grant program.
Sec. 7305. Water Resources Research Act amendments.
Sec. 7306. Reauthorization of Water Desalination Act of 1996.
Sec. 7307. National drought resilience guidelines.
Sec. 7308. Innovation in Clean Water State Revolving Funds.
Sec. 7309. Innovation in the Drinking Water State Revolving Fund.

     Subtitle D--Drinking Water Disaster Relief and Infrastructure 
                              Investments

Sec. 7401. Drinking water infrastructure.
Sec. 7402. Loan forgiveness.
Sec. 7403. Registry for lead exposure and advisory committee.
Sec. 7404. Additional funding for certain childhood health programs.
Sec. 7405. Review and report.

            Subtitle E--Report on Groundwater Contamination

Sec. 7501. Definitions.
Sec. 7502. Report on groundwater contamination.

                        Subtitle F--Restoration

               PART I--Great Lakes Restoration Initiative

Sec. 7611. Great Lakes Restoration Initiative.

                    PART II--Lake Tahoe Restoration

Sec. 7621. Findings and purposes.
Sec. 7622. Definitions.
Sec. 7623. Improved administration of the Lake Tahoe Basin Management 
              Unit.
Sec. 7624. Authorized programs.
Sec. 7625. Program performance and accountability.
Sec. 7626. Conforming amendments; updates to related laws.
Sec. 7627. Authorization of appropriations.
Sec. 7628. Land transfers to improve management efficiencies of Federal 
              and State land.

                PART III--Long Island Sound Restoration

Sec. 7631. Restoration and stewardship programs.
Sec. 7632. Reauthorization.

                           Subtitle G--Offset

Sec. 7701. Offset.

     SEC. 2. DEFINITION OF SECRETARY.

       In this Act, the term ``Secretary'' means the Secretary of 
     the Army.

     SEC. 3. LIMITATIONS.

       Nothing in this Act--
       (1) supersedes or modifies any written agreement between 
     the Federal Government and a non-Federal interest that is in 
     effect on the date of enactment of this Act;
       (2) supersedes or authorizes any amendment to a multistate 
     water control plan, including the Missouri River Master Water 
     Control Manual (as in effect on the date of enactment of this 
     Act);
       (3) affects any water right in existence on the date of 
     enactment of this Act;
       (4) preempts or affects any State water law or interstate 
     compact governing water; or
       (5) affects any authority of a State, as in effect on the 
     date of enactment of this Act, to manage water resources 
     within the State.

                        TITLE I--PROGRAM REFORMS

     SEC. 1001. 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 by adding at the end the 
     following:
       ``(e) Technical Assistance.--On the request of a non-
     Federal interest, the Secretary may provide technical 
     assistance relating to any aspect of the feasibility study if 
     the non-Federal interest contracts with the Secretary to pay 
     all costs of providing the technical assistance.''.

     SEC. 1002. ADVANCED FUNDS FOR WATER RESOURCES DEVELOPMENT 
                   STUDIES AND PROJECTS.

       The Act of October 15, 1940 (33 U.S.C. 701h-1), is 
     amended--
       (1) in the first sentence--
       (A) by striking ``Whenever any'' and inserting the 
     following:
       ``(a) In General.--Whenever any'';
       (B) by striking ``a flood-control project duly adopted and 
     authorized by law'' and inserting ``an authorized water 
     resources development study or project,''; and
       (C) by striking ``such work'' and inserting ``such study or 
     project'';

[[Page S5326]]

       (2) in the second sentence--
       (A) by striking ``The Secretary of the Army'' and inserting 
     the following:
       ``(b) Repayment.--The Secretary of the Army''; and
       (B) by striking ``from appropriations which may be provided 
     by Congress for flood-control work'' and inserting ``if 
     specific appropriations are provided by Congress for such 
     purpose''; and
       (3) by adding at the end the following:
       ``(c) Definition of State.--In this section, the term 
     `State' means--
       ``(1) a State;
       ``(2) the District of Columbia;
       ``(3) the Commonwealth of Puerto Rico;
       ``(4) any other territory or possession of the United 
     States; and
       ``(5) a federally recognized Indian tribe or a Native 
     village, Regional Corporation, or Village Corporation (as 
     those terms are defined in section 3 of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1602)).''.

     SEC. 1003. AUTHORITY TO ACCEPT AND USE MATERIALS AND 
                   SERVICES.

       Section 1024 of the Water Resources Reform and Development 
     Act of 2014 (33 U.S.C. 2325a) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--Subject to subsection (b), the Secretary 
     is authorized to accept and use materials, services, or funds 
     contributed by a non-Federal public entity, a nonprofit 
     entity, or a private entity to repair, restore, replace, or 
     maintain a water resources project in any case in which the 
     District Commander determines that--
       ``(1) there is a risk of adverse impacts to the functioning 
     of the project for the authorized purposes of the project; 
     and
       ``(2) acceptance of the materials and services or funds is 
     in the public interest.''; and
       (2) in subsection (c), in the matter preceding paragraph 
     (1)--
       (A) by striking ``Not later than 60 days after initiating 
     an activity under this section,'' and inserting ``Not later 
     than February 1 of each year after the first fiscal year in 
     which materials, services, or funds are accepted under this 
     section,''; and
       (B) by striking ``a report'' and inserting ``an annual 
     report''.

     SEC. 1004. PARTNERSHIPS WITH NON-FEDERAL ENTITIES TO PROTECT 
                   THE FEDERAL INVESTMENT.

       (a) In General.--Subject to subsection (c), the Secretary 
     is authorized to partner with a non-Federal interest for the 
     maintenance of a water resources project to ensure that the 
     project will continue to function for the authorized purposes 
     of the project.
       (b) Form of Partnership.--Under a partnership referred to 
     in subsection (a), the Secretary is authorized to accept and 
     use funds, materials, and services contributed by the non-
     Federal interest.
       (c) No Credit or Reimbursement.--Any entity that 
     contributes materials, services, or funds under this section 
     shall not be eligible for credit, reimbursement, or repayment 
     for the value of those materials, services, or funds.

     SEC. 1005. NON-FEDERAL STUDY AND CONSTRUCTION OF PROJECTS.

       (a) In General.--The Secretary may accept and expend funds 
     provided by non-Federal interests to undertake reviews, 
     inspections, monitoring, and other Federal activities related 
     to non-Federal interests carrying out the study, design, or 
     construction of water resources development projects under 
     section 203 or 204 of the Water Resources Development Act of 
     1986 (33 U.S.C. 2231, 2232) or any other Federal law.
       (b) Inclusion in Costs.--In determining credit or 
     reimbursement, the Secretary may include the amount of funds 
     provided by a non-Federal interest under this section as a 
     cost of the study, design, or construction.

     [SEC. 1006. MUNITIONS DISPOSAL.

       [Section 1027(b) of the Water Resources Reform and 
     Development Act of 2014 (33 U.S.C. 426e-2(b)) is amended by 
     striking ``funded'' and inserting ``reimbursed''.]

     SEC. 1006. MUNITIONS DISPOSAL.

       Section 1027 of the Water Resources Reform and Development 
     Act of 2014 (33 U.S.C. 426e-2) is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by inserting ``, at full Federal expense,'' after ``The 
     Secretary may''; and
       (2) in subsection (b), by striking ``funded'' and inserting 
     ``reimbursed''.

     SEC. 1007. CHALLENGE COST-SHARING PROGRAM FOR MANAGEMENT OF 
                   RECREATION FACILITIES.

       Section 225 of the Water Resources Development Act of 1992 
     (33 U.S.C. 2328) is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following:
       ``(c) User Fees.--
       ``(1) Collection of fees.--
       ``(A) In general.--The Secretary may allow a non-Federal 
     public or private entity that has entered into an agreement 
     pursuant to subsection (b) to collect user fees for the use 
     of developed recreation sites and facilities, whether 
     developed or constructed by that entity or the Department of 
     the Army.
       ``(B) Use of visitor reservation services.--A public or 
     private entity described in subparagraph (A) may use to 
     manage fee collections and reservations under this section 
     any visitor reservation service that the Secretary has 
     provided for by contract or interagency agreement, subject to 
     such terms and conditions as the Secretary determines to be 
     appropriate.
       ``(2) Use of fees.--A non-Federal public or private entity 
     that collects user fees under paragraph (1) may--
       ``(A) retain up to 100 percent of the fees collected, as 
     determined by the Secretary; and
       ``(B) notwithstanding section 210(b)(4) of the Flood 
     Control Act of 1968 (16 U.S.C. 460d-3(b)(4)), use that amount 
     for operation, maintenance, and management at the recreation 
     site at which the fee is collected.
       ``(3) Terms and conditions.--The authority of a non-Federal 
     public or private entity under this subsection shall be 
     subject to such terms and conditions as the Secretary 
     determines necessary to protect the interests of the United 
     States.''.

     SEC. 1008. STRUCTURES AND FACILITIES CONSTRUCTED BY THE 
                   SECRETARY.

       Section 14 of the Act of March 3, 1899 (33 U.S.C. 408) 
     (commonly known as the ``Rivers and Harbors Act of 1899''), 
     is amended--
       (1) by striking ``That it shall not be lawful'' and 
     inserting the following:
       ``(a) Prohibitions and Permissions.--It shall not be 
     lawful''; and
       (2) by adding at the end the following:
       ``(b) Local Flood Protection Works.--Permission under 
     subsection (a) for alterations to a Federal levee, floodwall, 
     or flood risk management channel project [and associated 
     features] may be granted by a District Engineer of the 
     Department of the Army [or an authorized representative.]
       ``(c) Concurrent Review.--
       ``(1) In general.--In any case in which an activity subject 
     to this section requires a review under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
     review and approval under this section shall, to the maximum 
     extent practicable, occur concurrently with any review and 
     decisions made under that Act.
       ``(2) Corps of engineers as a cooperating agency.--If the 
     Corps of Engineers is not the lead Federal agency for an 
     environmental review described in paragraph (1), the Chief of 
     Engineers shall, to the maximum extent practicable--
       ``(A) participate in the review as a cooperating agency 
     (unless the Chief of Engineers does not intend to submit 
     comments on the project); and
       ``(B) adopt and use any environmental document prepared 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) by the lead agency to the same extent 
     that a Federal agency could adopt or use a document prepared 
     by another Federal agency under--
       ``(i) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       ``(ii) parts 1500 through 1508 of title 40, Code of Federal 
     Regulations (or successor regulations).''.

     SEC. 1009. PROJECT COMPLETION.

       For any project authorized under section 219 of the Water 
     Resources Development Act of 1992 (Public Law 102-580; 106 
     Stat. 4835), the authorization of appropriations is increased 
     by the amount, including in increments, necessary to allow 
     completion of the project if--
       (1) as of the date of enactment of this Act, the project 
     has received more than $4,000,000 in Federal appropriations 
     and those appropriations equal an amount that is greater than 
     80 percent of the authorized amount;
       (2) significant progress has been demonstrated toward 
     completion of the project or segments of the project but the 
     project is not complete as of the date of enactment of this 
     Act; and
       (3) the benefits of the Federal investment will not be 
     realized without an increase in the authorization of 
     appropriations to allow completion of the project.

     SEC. 1010. CONTRIBUTED FUNDS.

       (a) Use of Contributed Funds in Advance of 
     Appropriations.--Section 5 of the Act of June 22, 1936 (33 
     U.S.C. 701h) (commonly known as the ``Flood Control Act of 
     1936''), is amended by striking ``funds appropriated by the 
     United States for''.
       (b) Report.--Section 1015 of the Water Resources Reform and 
     Development Act of 2014 is amended by striking subsection (b) 
     (33 U.S.C. 701h note; Public Law 113-121) and inserting the 
     following:
       ``(b) Report.--Not later than February 1 of each year, the 
     Secretary shall submit to the Committees on Environment and 
     Public Works and Appropriations of the Senate and the 
     Committees on Transportation and Infrastructure and 
     Appropriations of the House of Representatives a report 
     that--
       ``(1) describes the number of agreements executed in the 
     previous fiscal year for the acceptance of contributed funds 
     under section 5 of the Act of June 22, 1936 (33 U.S.C. 701h) 
     (commonly known as the `Flood Control Act of 1936'); and
       ``(2) includes information on the projects and amounts of 
     contributed funds referred to in paragraph (1).''.

     SEC. 1011. APPLICATION OF CERTAIN BENEFITS AND COSTS INCLUDED 
                   IN FINAL FEASIBILITY STUDIES.

       (a) In General.--For a navigation project authorized after 
     November 7, 2007, involving offshore oil and gas fabrication 
     ports, the recommended plan by the Chief of Engineers shall 
     be the plan that uses the value of future energy exploration 
     and production fabrication contracts and the transportation 
     savings that would result from a larger navigation channel in 
     accordance with section 6009 of the Emergency Supplemental 
     Appropriations Act for Defense, the Global War on Terror, and 
     Tsunami Relief, 2005 (Public Law 109-13; 119 Stat. 282).

[[Page S5327]]

       (b) Special Rule.--In addition to projects described in 
     subsection (a), this section shall apply to--
       (1) a project that has undergone an economic benefits 
     update; and
       (2) at the request of the non-Federal sponsor, any ongoing 
     feasibility study for which the benefits under section 6009 
     of the Emergency Supplemental Appropriations Act for Defense, 
     the Global War on Terror, and Tsunami Relief, 2005 (Public 
     Law 109-13; 119 Stat. 282) may apply.

     SEC. 1012. LEVERAGING FEDERAL INFRASTRUCTURE FOR INCREASED 
                   WATER SUPPLY.

       (a) In General.--At the request of a non-Federal interest, 
     the Secretary shall review proposals to increase the quantity 
     of available supplies of water through--
       (1) modification of a water resources project;
       (2) modification of how a project is managed; or
       (3) accessing water released from a project.
       (b) Proposals Included.--A proposal under subsection (a) 
     may include--
       (1) increasing the storage capacity of a reservoir owned by 
     the Corps of Engineers;
       (2) diversion of water released from a reservoir owned by 
     the Corps of Engineers--
       (A) to recharge groundwater;
       (B) to aquifer storage and recovery; or
       (C) to any other storage facility;
       (3) construction of facilities for delivery of water from 
     pumping stations constructed by the Corps of Engineers;
       (4) construction of facilities to access water; and
       (5) a combination of the activities described in paragraphs 
     (1) through (4).
       (c) Authorities.--A proposal submitted to the Secretary 
     under subsection (a) may be reviewed or approved, as 
     appropriate, under--
       (1) sections 203 and 204 of the Water Resources Development 
     Act of 1986 (33 U.S.C. 2231, 2232);
       (2) section 216 of the Flood Control Act of 1970 (33 U.S.C. 
     549a);
       (3) section 301 of the Water Supply Act of 1958 (43 U.S.C. 
     390b); and
       (4) section 14 of the Act of March 3, 1899 (commonly known 
     as the ``Rivers and Harbors Appropriation Act of 1899'') (33 
     U.S.C. 408).
       (d) Cost Share.--
       (1) In general.--Except as provided in paragraph (2), 100 
     percent of the cost of developing, reviewing, and 
     implementing a proposal under subsection (a) shall be 
     provided by an entity other than the Federal Government.
       (2) Cost allocation.--A non-Federal entity shall only be 
     required to pay to the Secretary the separable costs 
     associated with operation and maintenance of a dam that are 
     necessary to implement a proposal under subsection (a).
       (e) Contributed Funds.--The Secretary may receive from a 
     non-Federal interest funds contributed by the non-Federal 
     interest for the review and approval of a proposal submitted 
     under subsection (a).
       (f) Studies and Engineering.--
       (1) In general.--On request by an appropriate non-Federal 
     interest and subject to paragraph (2), the Secretary may--
       (A) undertake all necessary studies and engineering for 
     construction of a proposal approved by the Secretary under 
     this section; and
       (B) provide technical assistance in obtaining all necessary 
     permits for the construction.
       (2) Requirement.--Paragraph (1) shall only apply if the 
     non-Federal interest contracts with the Secretary to provide 
     funds for the studies, engineering, or technical assistance 
     for the period during which the studies and engineering are 
     being conducted.
       (g) Exclusion.--This section shall not apply to reservoirs 
     owned and operated by the Corps of Engineers in--
       (1) the Upper Missouri River;
       (2) the [Apalachicola-Chattahoochee] Apalachicola-
     Chattahoochee-Flint river system; and
       (3) the Alabama-Coosa-Tallapoosa river system.

     SEC. 1013. NEW ENGLAND DISTRICT HEADQUARTERS.

       (a) In General.--Subject to subsection (b), using amounts 
     available in the revolving fund established by section 101 of 
     the Civil Functions Appropriations Act, 1954 (33 U.S.C. 576) 
     and not otherwise obligated, the Secretary may--
       (1) design, renovate, and construct additions to 2 
     buildings located on Hanscom Air Force Base in Bedford, 
     Massachusetts for the headquarters of the New England 
     District of the Army Corps of Engineers; and
       (2) carry out such construction and infrastructure 
     improvements as are required to support the headquarters of 
     the New England District of the Army Corps of Engineers, 
     including any necessary demolition of the existing 
     infrastructure.
       (b) Requirement.--In carrying out subsection (a), the 
     Secretary shall ensure that the revolving fund established by 
     section 101 of the Civil Functions Appropriations Act, 1954 
     (33 U.S.C. 576) is appropriately reimbursed from funds 
     appropriated for programs that receive a benefit under this 
     section.

     SEC. 1014. BUFFALO DISTRICT HEADQUARTERS.

       (a) In General.--Subject to subsection (b), using amounts 
     available in the revolving fund established by section 101 of 
     the Civil Functions Appropriations Act, 1954 (33 U.S.C. 576) 
     and not otherwise obligated, the Secretary may--
       (1) design and construct a new building in Buffalo, New 
     York, for the headquarters of the Buffalo District of the 
     Army Corps of Engineers; and
       (2) carry out such construction and infrastructure 
     improvements as are required to support the headquarters and 
     related installations and facilities of the Buffalo District 
     of the Army Corps of Engineers, including any necessary 
     demolition or renovation of the existing infrastructure.
       (b) Requirement.--In carrying out subsection (a), the 
     Secretary shall ensure that the revolving fund established by 
     section 101 of the Civil Functions Appropriations Act, 1954 
     (33 U.S.C. 576) is appropriately reimbursed from funds 
     appropriated for programs that receive a benefit under this 
     section.

     SEC. 1015. COMPLETION OF ECOSYSTEM RESTORATION PROJECTS.

       Section 2039 of the Water Resources Development Act of 2007 
     (33 U.S.C. 2330a) is amended by adding at the end the 
     following:
       ``(d) Inclusions.--A monitoring plan under subsection (b) 
     shall include a description of--
       ``(1) the types and number of restoration activities to be 
     conducted;
       ``(2) the physical action to be undertaken to achieve the 
     restoration objectives of the project;
       ``(3) the functions and values that will result from the 
     restoration plan; and
       ``(4) a contingency plan for taking corrective actions in 
     cases in which monitoring demonstrates that restoration 
     measures are not achieving ecological success in accordance 
     with criteria described in the monitoring plan.
       ``(e) Conclusion of Operation and Maintenance 
     Responsibility.--The responsibility of the non-Federal 
     sponsor for operation, maintenance, repair, replacement, and 
     rehabilitation of the ecosystem restoration project shall 
     cease 10 years after the date on which the Secretary makes a 
     determination of success under subsection (b)(2).''.

     SEC. 1016. CREDIT FOR DONATED GOODS.

       Section 221(a)(4)(D)(iv) of the Flood Control Act of 1970 
     (42 U.S.C. 1962d-5b(a)(4)(D)(iv)) is amended--
       (1) by inserting ``regardless of the cost incurred by the 
     non-Federal interest,'' before ``shall not''; and
       (2) by striking ``costs'' and inserting ``value''.

     SEC. 1017. STRUCTURAL HEALTH MONITORING.

       (a) In General.--The Secretary shall design and develop a 
     structural health monitoring program to assess and improve 
     the condition of infrastructure constructed and maintained by 
     the Corps of Engineers, including [design and development] 
     research, design, and development of systems and frameworks 
     for--
       (1) response to flood and earthquake events;
       (2) pre-disaster mitigation measures; [and]
       (3) lengthening the useful life of the infrastructure.; and
       (4) identifying risks due to sea level rise.
       (b) Consultation and Consideration.--In developing the 
     program under subsection (a), the Secretary shall--
       (1) consult with academic and other experts; and
       (2) consider models for maintenance and repair information, 
     the development of degradation models for real-time 
     measurements and environmental inputs, and research on 
     qualitative inspection data as surrogate sensors.

     SEC. 1018. FISH AND WILDLIFE MITIGATION.

       Section 906 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2283) is amended--
       (1) in subsection (h)--
       (A) in paragraph (4)--
       (i) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (E) and (F), respectively; and
       (ii) by inserting after subparagraph (C) the following:
       ``(D) include measures to protect or restore habitat 
     connectivity''; and
       (B) in paragraph (6)(C), by striking ``impacts'' and 
     inserting ``impacts, including impacts to habitat 
     connectivity''; and
       (2) by adding at the end the following:
       ``(j) Use of Funds.--The Secretary may use funds made 
     available for preconstruction engineering and design prior to 
     authorization of project construction to satisfy mitigation 
     requirements through third-party arrangements or to acquire 
     interests in land necessary for meeting mitigation 
     requirements under this section.''.

     SEC. 1019. NON-FEDERAL INTERESTS.

       Section 221(b)(1) of the Flood Control Act of 1970 (42 
     U.S.C. 1962d-5b(b)(1)) is amended by inserting ``or a Native 
     village, Regional Corporation, or Village Corporation (as 
     those terms are defined in section 3 of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1602))'' after ``Indian 
     tribe''.

     SEC. 1020. DISCRETE SEGMENT.

       Section 204 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2232) is amended--
       (1) by striking ``project or separable element'' each place 
     it appears and inserting ``project, separable element, or 
     discrete segment'';
       (2) by striking ``project, or separable element thereof,'' 
     each place it appears and inserting ``project, separable 
     element, or discrete segment of a project'';
       (3) in subsection (a)--
       (A) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C),

[[Page S5328]]

     respectively, and indenting appropriately; and
       (B) by striking the subsection designation and all that 
     follows through ``In this section, the'' and inserting the 
     following:
       ``(a) Definitions.--In this section:
       ``(1) Discrete segment.--The term `discrete segment', with 
     respect to a project, means a physical portion of the 
     project, as described in design documents, that is 
     environmentally acceptable, is complete, will not create a 
     hazard, and functions independently so that the non-Federal 
     sponsor can operate and maintain the discrete segment in 
     advance of completion of the total project or separable 
     element of the project.
       ``(2) Water resources development project.--The'';
       (4) in subsection (b)(1), in the matter preceding 
     subparagraph (A), by striking ``project, or separate element 
     thereof'' and inserting ``project, separable element, or 
     discrete segment of a project''; and
       (5) in subsection (d)--
       (A) in paragraph (3)(B), in the matter preceding clause 
     (i), by striking ``project'' and inserting ``project, 
     separable element, or discrete segment'';
       (B) in paragraph (4), in the matter preceding subparagraph 
     (A), by striking ``project, or a separable element of a water 
     resources development project,'' and inserting ``project, 
     separable element, or discrete segment of a project''; and
       (C) by adding at the end the following:
       ``(5) Repayment of reimbursement.--If the non-Federal 
     interest receives reimbursement for a discrete segment of a 
     project and fails to complete the entire project or separable 
     element of the project, the non-Federal interest shall repay 
     to the Secretary the amount of the reimbursement, plus 
     interest.''.

     SEC. 1021. FUNDING TO PROCESS PERMITS.

       Section 214(a) of the Water Resources Development Act of 
     2000 (33 U.S.C. 2352(a)) is amended--
       (1) in paragraph (1), by adding at the end the following:
       ``(C) Rail carrier.--The term `rail carrier' has the 
     meaning given the term in section 10102 of title 49, United 
     States Code.'';
       (2) in paragraph (2), by striking ``or natural gas 
     company'' and inserting ``, natural gas company, or rail 
     carrier'';
       (3) in paragraph (3), by striking ``or natural gas 
     company'' and inserting ``, natural gas company, or rail 
     carrier''; and
       (4) in paragraph (5), by striking ``and natural gas 
     companies'' and inserting ``, natural gas companies, and rail 
     carriers, including an evaluation of the compliance with all 
     requirements of this section and, with respect to a permit 
     for those entities, the requirements of all applicable 
     Federal laws''.

     SEC. 1022. INTERNATIONAL OUTREACH PROGRAM.

       Section 401 of the Water Resources Development Act of 1992 
     (33 U.S.C. 2329) is amended by striking subsection (a) and 
     inserting the following:
       ``(a) Authorization.--
       ``(1) In general.--The Secretary may engage in activities 
     to inform the United States of technological innovations 
     abroad that could significantly improve water resources 
     development in the United States.
       ``(2) Inclusions.--Activities under paragraph (1) may 
     include--
       ``(A) development, monitoring, assessment, and 
     dissemination of information about foreign water resources 
     projects that could significantly improve water resources 
     development in the United States;
       ``(B) research, development, training, and other forms of 
     technology transfer and exchange; and
       ``(C) offering technical services that cannot be readily 
     obtained in the private sector to be incorporated into water 
     resources projects if the costs for assistance will be 
     recovered under the terms of each project.''.

     SEC. 1023. WETLANDS MITIGATION.

       Section 2036(c) of the Water Resources Development Act of 
     2007 (33 U.S.C. 2317b) is amended by adding at the end the 
     following:
       ``(4) Mitigation banks.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this paragraph, the Secretary shall issue 
     implementation guidance that provides for the consideration 
     of the entire amount of potential credits available at in-
     kind, in-basin mitigation banks and in-lieu fee programs for 
     water resource development project feasibility studies.
       ``(B) Requirements.--All potential mitigation bank and in-
     lieu fee credits shall be considered a reasonable alternative 
     for planning purposes if the applicable mitigation bank--
       ``(i) has an approved mitigation banking instrument; and
       ``(ii) has completed a functional analysis of the potential 
     credits using the approved Corps of Engineers certified 
     habitat assessment model specific to the region.''.

     SEC. 1024. USE OF YOUTH SERVICE AND CONSERVATION CORPS.

       Section 213 of the Water Resources Development Act of 2000 
     (33 U.S.C. 2339) is amended by adding at the end the 
     following:
       ``(d) Youth Service and Conservation Corps.--The Secretary 
     shall encourage each district of the Corps of Engineers to 
     enter into cooperative agreements authorized under this 
     section with qualified youth service and conservation corps 
     to perform appropriate projects.''.

     SEC. 1025. DEBRIS REMOVAL.

       Section 3 of the Act entitled ``An Act authorizing the 
     construction, repair, and preservation of certain public 
     works on rivers and harbors, and for other purposes'', 
     approved March 2, 1945 (33 U.S.C. 603a), is amended--
       (1) by striking ``$1,000,000'' and inserting 
     ``$5,000,000''; [and]
       (2) by [inserting] striking ``accumulated snags and other 
     debris'' and inserting ``accumulated snags, obstructions, and 
     other debris located in or adjacent to a Federal channel''.; 
     and
       (3) by striking ``or flood control'' and inserting ``, 
     flood control, or recreation''.

     [SEC. 1026. OYSTER AQUACULTURE STUDY.

       (a) In General.--The Comptroller General shall carry out an 
     assessment of the oyster aquaculture industry, including--
       (1) an examination of Federal and State laws (including 
     regulations) in each relevant district of the Corps of 
     Engineers;
       (2) the number, structure, funding, and regulation of 
     oyster hatcheries in each State;
       (3) the number of oyster aquaculture leases in place in 
     each relevant district of the Corps of Engineers;
       (4) the period of time required to secure an oyster 
     aquaculture lease from each relevant jurisdiction; and
       (5) the experience of the private sector in applying for 
     oyster aquaculture permits from different jurisdictions of 
     the Corps of Engineers and different States.
       (b) Study Area.--The study area shall comprise, to the 
     maximum extent practicable, the following applicable 
     locations:
       (1) The Chesapeake Bay.
       (2) The Gulf Coast States.
       (3) The State of California.
       (4) Puget Sound.
       (c) Findings.--Not later than 225 days after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Committees on Environment and Public Works and on 
     Energy and Natural Resources of the Senate and the Committees 
     on Transportation and Infrastructure and on Natural Resources 
     of the House of Representatives a report containing the 
     findings of the assessment conducted under subsection (a).]

     SEC. 1026. AQUACULTURE STUDY.

       (a) In General.--The Comptroller General shall carry out an 
     assessment of the shellfish aquaculture industry, including--
       (1) an examination of Federal and State laws (including 
     regulations) in each relevant district of the Corps of 
     Engineers;
       (2) the number of shellfish aquaculture leases, 
     verifications, or permits in place in each relevant district 
     of the Corps of Engineers;
       (3) the period of time required to secure a shellfish 
     aquaculture lease, verification, or permit from each relevant 
     jurisdiction; and
       (4) the experience of the private sector in applying for 
     shellfish aquaculture permits from different jurisdictions of 
     the Corps of Engineers and different States.
       (b) Study Area.--The study area shall comprise, to the 
     maximum extent practicable, the following applicable 
     locations:
       (1) The Chesapeake Bay.
       (2) The Gulf Coast States.
       (3) The State of California.
       (4) The State of Washington.
       (c) Findings.--Not later than 225 days after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Committees on Environment and Public Works and on 
     Energy and Natural Resources of the Senate and the Committees 
     on Transportation and Infrastructure and on Natural Resources 
     of the House of Representatives a report containing the 
     findings of the assessment conducted under subsection (a).

     SEC. 1027. LEVEE VEGETATION.

       (a) In General.--Section 3013(g)(1) of the Water Resources 
     Reform and Development Act of 2014 (33 U.S.C. 701n note; 
     Public Law 113-121) is amended--
       (1) by inserting ``remove existing vegetation or'' after 
     ``the Secretary shall not''; and
       (2) by striking ``as a condition or requirement for any 
     approval or funding of a project, or any other action''.
       (b) Report.--Not later than 30 days after the enactment of 
     this Act, the Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report that--
       (1) describes the reasons for the failure of the Secretary 
     to meet the deadlines in subsection (f) of section 3013 of 
     the Water Resources Reform and Development Act of 2014 (33 
     U.S.C. 701n note; Public Law 113-121); and
       (2) provides a plan for completion of the activities 
     required in that subsection (f).

     SEC. 1028. PLANNING ASSISTANCE TO STATES.

       Section 22(a)(1) of the Water Resources Development Act of 
     1974 (42 U.S.C. 1962d-16(a)(1)) is amended--
       (1) by inserting ``, a group of States, or a regional or 
     national consortia of States'' after ``working with a 
     State''; and
       (2) by striking ``located within the boundaries of such 
     State''.

     SEC. 1029. PRIORITIZATION.

       Section 1011 of the Water Resources Reform and Development 
     Act of 2014 (33 U.S.C. 2341a) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)(C), by inserting ``restore or'' before 
     ``prevent the loss''; and
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``the date of enactment of this Act'' and inserting ``the 
     date of enactment of the Water Resources Development Act of 
     2016''; and
       (ii) in subparagraph (A)(ii), by striking ``that--'' and 
     all that follows through ``(II)'' and inserting ``that''; and

[[Page S5329]]

       (2) in subsection (b)--
       (A) in paragraph (1), by redesignating subparagraphs (A) 
     through (C) as clauses (i) through (iii), respectively, and 
     indenting appropriately;
       (B) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and indenting 
     appropriately;
       (C) in the matter preceding subparagraph (A) (as so 
     redesignated), by striking ``For'' and inserting the 
     following:
       ``(1) In general.--For''; and
       (D) by adding at the end the following:
       ``(2) Expedited consideration of currently authorized 
     programmatic authorities.--Not later than 180 days after the 
     date of enactment of the Water Resources Development Act of 
     2016, 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 contains--
       ``(A) a list of all programmatic authorities for aquatic 
     ecosystem restoration or improvement of the environment 
     that--
       ``(i) were authorized or modified in the Water Resources 
     Development Act of 2007 (Public Law 110-114; 121 Stat. 1041) 
     or any subsequent Act; and
       ``(ii) that meet the criteria described in paragraph (1); 
     and
       ``(B) a plan for expeditiously completing the projects 
     under the authorities described in subparagraph (A), subject 
     to available funding.''.

     SEC. 1030. KENNEWICK MAN.

       (a) Definitions.--In this section:
       (1) Claimant tribes.--The term ``claimant tribes'' means 
     the Indian tribes and band referred to in the letter from 
     Secretary of the Interior Bruce Babbitt to Secretary of the 
     Army Louis Caldera, relating to the human remains and dated 
     September 21, 2000.
       (2) Department.--The term ``Department'' means the 
     Washington State Department of Archaeology and Historic 
     Preservation.
       (3) Human remains.--The term ``human remains'' means the 
     human remains that--
       (A) are known as Kennewick Man or the Ancient One, which 
     includes the projectile point lodged in the right ilium bone, 
     as well as any residue from previous sampling and studies; 
     and
       (B) are part of archaeological collection number 45BN495.
       (b) Transfer.--Notwithstanding any other provision of 
     Federal law or law of the State of Washington, including the 
     Native American Graves Protection and Repatriation Act (25 
     U.S.C. 3001 et seq.), not later than 90 days after the date 
     of enactment of this Act, the Secretary, acting through the 
     Chief of Engineers, shall transfer the human remains to the 
     Department, on the condition that the Department, acting 
     through the State Historic Preservation Officer, disposes of 
     the remains and repatriates the remains to claimant tribes.
       (c) Cost.--The Corps of Engineers shall be responsible for 
     any costs associated with the transfer.
       (d) Limitations.--
       (1) In general.--The transfer shall be limited solely to 
     the human remains portion of the archaeological collection.
       (2) Corps of engineers.--The Corps of Engineers shall have 
     no further responsibility for the human remains transferred 
     pursuant to subsection (b) after the date of the transfer.

     SEC. 1031. REVIEW OF CORPS OF ENGINEERS ASSETS.

       Section 6002(b) of the Water Resources Reform and 
     Development Act of 2014 (Public Law 113-121; 128 Stat. 1349) 
     is amended by adding at the end the following:
       ``(6) The extent to which the property has economic, 
     cultural, historic, or recreational significance or impacts 
     at the national, State, or local level.''.

     SEC. 1032. REVIEW OF RESERVOIR OPERATIONS.

       (a) In General.--The Secretary, in consultation with the 
     heads of other Federal agencies, as appropriate, shall review 
     the operation of a reservoir, including the water control 
     manual and rule curves, using the best available science, 
     including improved weather forecasts and run-off forecasting 
     methods in any case in which the Secretary receives a request 
     for such a review from a non-Federal entity.
       (b) Priority.--In conducting reviews under subsection (a), 
     the Secretary shall give priority to reservoirs--
       (1) located in areas with prolonged drought conditions; and
       (2) for which no such review has occurred during the 10-
     year period preceding the date of the request.
       (c) Description of Benefits.--In conducting the review 
     under subsection (a), the Secretary shall determine if a 
     change in operations, including the use of improved weather 
     forecasts and run-off forecasting methods, will enhance 1 or 
     more existing authorized project purposes, including--
       (1) flood risk reduction;
       (2) water supply;
       (3) recreation; and
       (4) fish and wildlife protection and mitigation.
       (d) Consultation.--In carrying out a review under 
     subsection (a) and prior to implementing a change in 
     operations under subsection (f), the Secretary shall consult 
     with all affected interests, including--
       (1) non-Federal entities responsible for operations and 
     maintenance costs of a Federal facility;
       (2) individuals and entities with storage entitlements; and
       (3) local agencies with flood control responsibilities 
     downstream of a facility.
       (e) Results Reported.--Not later than 90 days
       [(d) Results Reported.--Not later than 90 days] after 
     completion of a review under this section, the Secretary 
     shall post a report on the Internet regarding the results of 
     the review.
       [(e)](f) Manual update.--As soon as practicable, but not 
     later than 3 years after the date on which a report under 
     subsection [(d)] (e) is posted on the Internet, pursuant to 
     the procedures required under existing authorities, if the 
     Secretary determines based on that report that using the best 
     available science, including improved weather and run-off 
     forecasting methods, improves 1 or more existing authorized 
     purposes at a reservoir, the Secretary shall--
       (1) incorporate those methods in the operation of the 
     reservoir; and
       (2) as appropriate, update or revise operational documents, 
     including water control plans, water control manuals, water 
     control diagrams, release schedules, rule curves, and 
     operational agreements with non-Federal entities.
       [(f)](g) Funding.--The Secretary may accept and expend 
     amounts from non-Federal entities and other Federal agencies 
     to fund all or a portion of the cost of carrying out a review 
     under subsection (a) or an update or revision of operational 
     documents under subsection [(e)] (f), including any 
     associated environmental documentation.
       [(g)](h) Effect.--
       (1) Manual updates.--An update under subsection [(e)(2)] 
     (f)(2) shall not interfere with the authorized purposes of a 
     project.
       (2) Effect of section.--Nothing in this section--
       (A) authorizes the Secretary to carry out any project or 
     activity for a purpose not otherwise authorized as of the 
     date of enactment of this Act; or
       (B) affects or modifies any obligation of the Secretary 
     under Federal or State law.
       [(h)](i) Exclusion.--This section shall not apply to 
     reservoirs owned and operated by the Corps of Engineers in--
       (1) the Upper Missouri River;
       (2) the [Apalachicola-Chattahoochee] Apalachicola-
     Chattahoochee-Flint river system; and
       (3) the Alabama-Coosa-Tallapoosa river system.

     SEC. 1033. TRANSFER OF EXCESS CREDIT.

       Section 1020 of the Water Resources Reform and Development 
     Act of 2014 (33 U.S.C. 2223) is amended--
       (1) in subsection (a)--
       (A) by striking the subsection designation and heading and 
     all that follows through ``Subject to subsection (b)'' and 
     inserting the following:
       ``(a) Application of Credit.--
       ``(1) In general.--Subject to subsection (b)''; and
       (B) by adding at the end the following:
       ``(2) Reasonable intervals.--On request from a non-Federal 
     interest, the credit described in subsection (a) may be 
     applied at reasonable intervals as those intervals occur and 
     are identified as being in excess of the required non-Federal 
     cost share prior to completion of the study or project if the 
     credit amount is verified by the Secretary.'';
       (2) by striking subsection (d); and
       (3) by redesignating subsection (e) as subsection (d).

     SEC. 1034. SURPLUS WATER STORAGE.

       Section 1046(c) of the Water Resources Reform and 
     Development Act of 2014 (Public Law 113-121; 128 Stat. 1254) 
     is amended by adding at the end the following:
       ``(5) Time limit.--
       ``(A) In general.--If the Secretary has documented the 
     volume of surplus water available, not later than 60 days 
     after the date on which the Secretary receives a request for 
     a contract and easement, the Secretary shall issue a decision 
     on the request.
       ``(B) Outstanding information.--If the Secretary has not 
     documented the volume of surplus water available, not later 
     than 30 days after the date on which the Secretary receives a 
     request for a contract and easement, the Secretary shall 
     provide to the requester--
       ``(i) an identification of any outstanding information that 
     is needed to make a final decision;
       ``(ii) the date by which the information referred to in 
     clause (i) shall be obtained; and
       ``(iii) the date by which the Secretary will make a final 
     decision on the request.''.

     SEC. 1035. HURRICANE AND STORM DAMAGE REDUCTION.

       Section 3(c)(2)(B) of the Act of August 13, 1946 (33 U.S.C. 
     426g(c)(2)(B)) is amended by striking ``$5,000,000'' and 
     inserting ``$10,000,000''.

     SEC. 1036. FISH HATCHERIES.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary may operate a fish hatchery for the 
     purpose of restoring a population of fish species located in 
     the region surrounding the fish hatchery that is listed as a 
     threatened species or an endangered species under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or a 
     similar State law.
       (b) Costs.--A non-Federal entity, another Federal agency, 
     or a group of non-Federal entities or other Federal agencies 
     shall be responsible for 100 percent of the additional costs 
     associated with managing a fish hatchery for the purpose 
     described in subsection

[[Page S5330]]

     (a) that are not authorized as of the date of enactment of 
     this Act for the fish hatchery.

     SEC. 1037. FEASIBILITY STUDIES AND WATERSHED ASSESSMENTS.

       (a) Vertical Integration and Acceleration of Studies.--
     Section 1001(d) of the Water Resources Reform and Development 
     Act of 2014 (33 U.S.C. 2282c(d)) is amended by striking 
     paragraph (3) and inserting the following:
       ``(3) Report.--Not later than February 1 of each year, 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 any feasibility 
     study for which the Secretary in the preceding fiscal year 
     approved an increase in cost or extension in time as provided 
     under this section, including an identification of the 
     specific 1 or more factors used in making the determination 
     that the project is complex.''.
       (b) Cost Sharing.--Section 105(a)(1)(A) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2215(a)(1)(A)) 
     is amended--
       (1) by striking the subparagraph designation and heading 
     and all that follows through ``The Secretary'' and inserting 
     the following:
       ``(A) Requirement.--
       ``(i) In general.--Except as provided in clause (ii), the 
     Secretary''; and
       (2) by adding at the end the following:
       ``(ii) Exception.--For the purpose of meeting or otherwise 
     communicating with prospective non-Federal sponsors to 
     identify the scope of a potential water resources project 
     feasibility study, identifying the Federal interest, 
     developing the cost sharing agreement, and developing the 
     project management plan, the first $100,000 of the 
     feasibility study shall be a Federal expense.''.
       (c) Non-Federal Share.--Section 729(f)(1) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2267a(f)(1)) is 
     amended by inserting before the period at the end ``, except 
     that the first $100,000 of the assessment shall be a Federal 
     expense''.

     SEC. 1038. SHORE DAMAGE PREVENTION OR MITIGATION.

       Section 111 of the River and Harbor Act of 1968 (33 U.S.C. 
     426i) is amended--
       (1) in subsection (b), by striking ``measures'' and all 
     that follows through ``project'' and inserting ``measures, 
     including a study, shall be cost-shared in the same 
     proportion as the cost-sharing provisions applicable to 
     construction of the project''; and
       (2) by adding at the end the following:
       ``(e) Reimbursement for Feasibility Studies.--Beginning on 
     the date of enactment of this subsection, in any case in 
     which the Secretary implements a project under this section, 
     the Secretary shall reimburse or credit the non-Federal 
     interest for any amounts contributed for the study evaluating 
     the damage in excess of the non-Federal share of the costs, 
     as determined under subsection (b).''.

                          TITLE II--NAVIGATION

     SEC. 2001. PROJECTS FUNDED BY THE INLAND WATERWAYS TRUST 
                   FUND.

       Beginning on June 10, 2014, and ending on the date that is 
     15 years after the date of enactment of this Act, section 
     1001(b)(2) of the Water Resources Development Act of 1986 (33 
     U.S.C. 579a(b)(2)) shall not apply to any project authorized 
     to receive funding from the Inland Waterways Trust Fund 
     established by section 9506(a) of the Internal Revenue Code 
     of 1986.

     SEC. 2002. OPERATION AND MAINTENANCE OF FUEL-TAXED INLAND 
                   WATERWAYS.

       Section 102(c) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2212(c)) is amended by adding at the end the 
     following:
       ``(3) Credit or reimbursement.--The Federal share of 
     operation and maintenance carried out by a non-Federal 
     interest under this subsection after the date of enactment of 
     the Water Resources Reform and Development Act of 2014 shall 
     be eligible for reimbursement or for credit toward--
       ``(A) the non-Federal share of future operation and 
     maintenance under this subsection; or
       ``(B) any measure carried out by the Secretary under 
     section 3017(a) of the Water Resources Reform and Development 
     Act of 2014 (33 U.S.C. 3303a note; Public Law 113-121).''.

     SEC. 2003. FUNDING FOR HARBOR MAINTENANCE PROGRAMS.

       Section 2101 of the Water Resources Reform and Development 
     Act of 2014 (33 U.S.C. 2238b) is amended--
       (1) in subsection (b)(1), in the matter preceding 
     subparagraph (A), by striking ``The target total'' and 
     inserting ``Except as provided in subsection (c), the target 
     total'';
       (2) by redesignating subsection (c) as subsection (d); and
       (3) by inserting after subsection (b) the following:
       ``(c) Exception.--If the target total budget resources for 
     a fiscal year described in subparagraphs (A) through (J) of 
     subsection (b)(1) is lower than the target total budget 
     resources for the previous fiscal year, then the target total 
     budget resources shall be adjusted to be equal to the lesser 
     of--
       ``(1) 103 percent of the total budget resources 
     appropriated for the previous fiscal year; or
       ``(2) 100 percent of the total amount of harbor maintenance 
     taxes received in the previous fiscal year.''.

     SEC. 2004. DREDGED MATERIAL DISPOSAL.

       Disposal of dredged material shall not be considered 
     environmentally acceptable if the disposal violates 
     applicable State water quality standards approved by the 
     Administrator of the Environmental Protection Agency under 
     section 303 of the Federal Water Pollution Control Act (33 
     U.S.C. 1313).

     SEC. 2005. CAPE ARUNDEL DISPOSAL SITE, MAINE.

       (a) Deadline.--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)) and 
     reopened pursuant to section 113 of the Energy and Water 
     Development and Related Agencies Appropriations Act, 2014 
     (Public Law 113-76; 128 Stat. 158) (referred to in this 
     section as the ``Site'') may remain open until the earlier 
     of--
       (1) the date on which the Site does not have any remaining 
     disposal capacity;
       (2) the date on which an environmental impact statement 
     designating an alternative dredged material disposal site for 
     southern Maine has been completed; or
       (3) the date that is 5 years after the date of enactment of 
     this Act.
       (b) Limitations.--The use of the Site as a dredged material 
     disposal site under subsection (a) shall be subject to the 
     conditions that--
       (1) conditions at the Site remain suitable for the 
     continued use of the Site as a dredged material disposal 
     site; and
       (2) the Site not be used for the disposal of more than 
     80,000 cubic yards from any single dredging project.

     SEC. 2006. MAINTENANCE OF HARBORS OF REFUGE.

       The Secretary is authorized to maintain federally 
     authorized harbors of refuge.

     SEC. 2007. AIDS TO NAVIGATION.

       (a) In General.--The Secretary shall--
       (1) consult with the Commandant of the Coast Guard 
     regarding navigation on the Ouachita-Black Rivers; and
       (2) share information regarding the assistance that the 
     Secretary can provide regarding the placement of any aids to 
     navigation on the rivers referred to in paragraph (1).
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report on the outcome of the 
     consultation under subsection (a).

     SEC. 2008. BENEFICIAL USE OF DREDGED MATERIAL.

       Section 204(d) of the Water Resources Development Act of 
     1992 (33 U.S.C. 2326(d)) is amended by adding at the end the 
     following:
       ``(3) Special rule.--Disposal of dredged material under 
     this subsection may include a single or periodic application 
     of sediment for beneficial use and shall not require 
     operation and maintenance.
       ``(4) Disposal at non-federal cost.--The Secretary may 
     accept funds from a non-Federal interest to dispose of 
     dredged material as provided under section 103(d)(1) of the 
     Water Resources Development Act of 1986 (33 U.S.C. 
     2213(d)(1)).''.

     SEC. 2009. OPERATION AND MAINTENANCE OF HARBOR PROJECTS.

       Section 210(c)(3) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2238(c)(3)) is amended--
       (1) by striking ``2022'' and inserting ``2025''; and
       (2) by striking ``2012'' and inserting ``2015''.

     SEC. 2010. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY 
                   TRANSFER PORTS.

       Section 2106 of the Water Resources Reform and Development 
     Act of 2014 (33 U.S.C. 2238c) is amended--
       (1) in subsection (a)(4)(A), by striking ``Code of Federal 
     Regulation'' and inserting ``Code of Federal Regulations''; 
     and
       (2) in subsection (f)--
       (A) in paragraph (1), by striking ``2018'' and inserting 
     ``2025''; and
       (B) in paragraph (3)--
       (i) by striking ``2015 through 2018'' and inserting ``2016 
     through 2020''; and
       (ii) by striking ``2019 through 2022'' and inserting ``2021 
     through 2025''.

     SEC. 2011. HARBOR DEEPENING.

       [Section 101(a)(1) of the Water Resources Development Act 
     of 1986 (33 U.S.C. 2211(a)(1)) is amended--]
        (a) In General.--Section 101(a)(1) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2211(a)(1)) is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``the date of enactment of this Act'' and inserting ``the 
     date of enactment of the Water Resources Reform and 
     Development Act of 2014 (Public Law 113-121; 128 Stat. 
     1193)'';
       (2) in subparagraph (B), by striking ``45 feet'' and 
     inserting ``50 feet''; and
       (3) in subparagraph (C), by striking ``45 feet'' and 
     inserting ``50 feet''.
       (b) Definition of Deep-draft Harbor.--Section 214(1) of the 
     Water Resources Development Act of 1986 (33 U.S.C. 2241(1)) 
     is amended by striking ``45 feet'' and inserting ``50 feet''.

     SEC. 2012. OPERATIONS AND MAINTENANCE OF INLAND MISSISSIPPI 
                   RIVER PORTS.

       (a) Definitions.--In this section:
       (1) Inland mississippi river.--The term ``inland 
     Mississippi River'' means the portion of the Mississippi 
     River that begins at the confluence of the Minnesota River 
     and ends at the confluence of the Red River.
       (2) Shallow draft.--The term ``shallow draft'' means a 
     project that has a depth of less than 14 feet.
       (b) Dredging Activities.--The Secretary shall carry out 
     dredging activities on shallow draft ports located on the 
     inland Mississippi River to the respective authorized

[[Page S5331]]

     widths and depths of those inland ports, as authorized on the 
     date of enactment of this Act.
       (c) Authorization of Appropriations.--For each fiscal year, 
     there is authorized to be appropriated to the Secretary to 
     carry out this section $25,000,000.

     SEC. 2013. IMPLEMENTATION GUIDANCE.

       Section 2102 of the Water Resources Reform and Development 
     Act of 2014 (Public Law 113-121; 128 Stat. 1273) is amended 
     by adding at the end the following:
       ``(d) Guidance.--Not later than 90 days after the date of 
     enactment of the Water Resources Development Act of 2016 the 
     Secretary shall publish on the website of the Corps of 
     Engineers guidance on the implementation of this section and 
     the amendments made by this section.''.

     SEC. 2014. REMOTE AND SUBSISTENCE HARBORS.

       Section 2006 of the Water Resources Development Act of 2007 
     (33 U.S.C. 2242) is amended--
       (1) in subsection (a)(3), by inserting ``in which the 
     project is located or of a community that is located in the 
     region that is served by the project and that will rely on 
     the project'' after ``community''; and
       (2) in subsection (b)--
       (A) in paragraph (1), by inserting ``or of a community that 
     is located in the region to be served by the project and that 
     will rely on the project'' after ``community'';
       (B) in paragraph (4), by striking ``local population'' and 
     inserting ``regional population to be served by the 
     project''; and
       (C) in paragraph (5), by striking ``community'' and 
     inserting ``local community or to a community that is located 
     in the region to be served by the project and that will rely 
     on the project''.

     SEC. 2015. NON-FEDERAL INTEREST DREDGING AUTHORITY.

       (a) In General.--The Secretary may permit a non-Federal 
     interest to carry out, for an authorized navigation project 
     (or a separable element of an authorized navigation project), 
     such maintenance activities as are necessary to ensure that 
     the project is maintained to not less than the minimum 
     project dimensions.
       (b) Cost Limitations.--Except as provided in this section 
     and subject to the availability of appropriations, the costs 
     incurred by a non-Federal interest in performing the 
     maintenance activities described in subsection (a) shall be 
     eligible for reimbursement, not to exceed an amount that is 
     equal to the estimated Federal cost for the performance of 
     the maintenance activities.
       (c) Agreement.--Before initiating maintenance activities 
     under this section, the non-Federal interest shall enter into 
     an agreement with the Secretary that specifies, for the 
     performance of the maintenance activities, the terms and 
     conditions that are acceptable to the non-Federal interest 
     and the Secretary.
       (d) Provision of Equipment.--In carrying out maintenance 
     activities under this section, a non-Federal interest shall--
       (1) provide equipment at no cost to the Federal Government; 
     and
       (2) hold and save the United States free from any and all 
     damage that arises from the use of the equipment of the non-
     Federal interest, except for damage due to the fault or 
     negligence of a contractor of the Federal Government.
       [(e) Reimbursement Eligibility Limitations.--Costs that are 
     directly related to the operation and maintenance of a 
     dredge, based on the period of time the dredge is used in the 
     performance of work for the Federal Government during a given 
     fiscal year, are eligible for reimbursement under this 
     section.]
       (e) Reimbursement Eligibility Limitations.--Costs that are 
     eligible for reimbursement under this section are those costs 
     directly related to the costs associated with operation and 
     maintenance of the dredge based on the lesser of the period 
     of time for which--
       (1) the dredge is being used in the performance of work for 
     the Federal Government during a given fiscal year; and
       (2) the actual fiscal year Federal appropriations 
     identified for that portion of maintenance dredging that are 
     made available.
       (f) [Monitoring] Audit.--Not earlier than 5 years after the 
     date of enactment of this Act, the Secretary may conduct an 
     audit on any maintenance activities for an authorized 
     navigation project (or a separable element of an authorized 
     navigation project) carried out under this section to 
     determine if permitting a non-Federal interest to carry out 
     maintenance activities under this section has resulted in--
       (1) improved reliability and safety for navigation; and
       (2) cost savings to the Federal Government.
       (g) Termination of Authority.--The authority of the 
     Secretary under this section terminates on the date that is 
     10 years after the date of enactment of this Act.

     [SEC. 2016. TRANSPORTATION COST SAVINGS.

       Section 210(e)(3)(A) of the Water Resources Development Act 
     of 1986 (33 U.S.C. 2238(e)(3)(A)) is amended--
       (1) in clause (iii), by striking ``and'' at the end;
       (2) in clause (iv), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(v) identifies, to the maximum extent practicable, 
     transportation cost savings realized by achieving and 
     maintaining the constructed width and depth for the harbors 
     and inland harbors referred to in subsection (a)(2), on a 
     project-by-project basis.''.]

     SEC. 2016. TRANSPORTATION COST SAVINGS.

       Section 210(e)(3) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2238(e)(3)) is amended--
       (1) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (2) by inserting after subparagraph (A) the following:
       ``(B) Additional requirement.--For the first report 
     following the date of enactment of the Water Resources 
     Development Act of 2016, in the report submitted under 
     subparagraph (A), the Secretary shall identify, to the 
     maximum extent practicable, transportation cost savings 
     realized by achieving and maintaining the constructed width 
     and depth for the harbors and inland harbors referred to in 
     subsection (a)(2), on a project-by-project basis.''.

     SEC. 2017. DREDGED MATERIAL.

       (a) In General.--Notwithstanding part 335 of title 33, Code 
     of Federal Regulations, the Secretary may place dredged 
     material from the operation and maintenance of an authorized 
     Federal water resources project at another authorized water 
     resource project if the Secretary determines that--
       (1) the placement of the dredged material would--
       (A)(i) enhance protection from flooding caused by storm 
     surges or sea level rise; or
       (ii) significantly contribute to shoreline resiliency, 
     including the resilience and restoration of wetland; and
       (B) be in the public interest; and
       (2) the cost associated with the placement of the dredged 
     material is reasonable in relation to the associated 
     environmental, flood protection, and resiliency benefits.
       (b) Additional Costs.--If the cost of placing the dredged 
     material at another authorized water resource project exceeds 
     the cost of depositing the dredged material in accordance 
     with the Federal standard (as defined in section 335.7 of 
     title 33, Code of Federal Regulations (as in effect on the 
     date of enactment of this Act)), the Secretary shall not 
     require a non-Federal entity to bear any of the increased 
     costs associated with the placement of the dredged material.

                     TITLE III--SAFETY IMPROVEMENTS

     SEC. 3001. REHABILITATION ASSISTANCE FOR NON-FEDERAL FLOOD 
                   CONTROL PROJECTS.

       (a) In General.--Section 5 of the Act of August 18, 1941 
     (33 U.S.C. 701n), is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(3) Definition of nonstructural alternatives.--In this 
     subsection, `nonstructural alternatives' includes efforts to 
     restore or protect natural resources including streams, 
     rivers, floodplains, wetlands, or coasts, if those efforts 
     will reduce flood risk.''; and
       (2) by adding at the end the following:
       ``(d) Increased Level of Protection.--In conducting repair 
     or restoration work under subsection (a), at the request of 
     the non-Federal sponsor, the Secretary may increase the level 
     of protection above the level to which the system was 
     designed, or, if the repair and rehabilitation includes 
     repair or rehabilitation of a pumping station, will increase 
     the capacity of a pump, if--
       ``(1) the Chief of Engineers determines the improvements 
     are in the public interest, including consideration of 
     whether--
       ``(A) the authority under this section has been used more 
     than once at the same location;
       ``(B) there is an opportunity to decrease significantly the 
     risk of loss of life and property damage; or
       ``(C) there is an opportunity to decrease total life cycle 
     rehabilitation costs for the project; and
       ``(2) the non-Federal sponsor agrees to pay the difference 
     between the cost of repair, restoration, or rehabilitation to 
     the original design level or original capacity and the cost 
     of achieving the higher level of protection or capacity 
     sought by the non-Federal sponsor.
       ``(e) Notice.--The Secretary shall notify the non-Federal 
     sponsor of the opportunity to request implementation of 
     nonstructural alternatives to the repair or restoration of 
     the flood control work under subsection (a).''.
       (b) Projects in Coordination With Certain Rehabilitation 
     Requirements.--
       (1) In general.--In any case in which the Secretary has 
     completed a study determining a project for flood damage 
     reduction is feasible and such project is designed to protect 
     the same geographic area as work to be performed under 
     section 5(c) of the Act of August 18, 1941 (33 U.S.C. 
     701n(c)), the Secretary may, if the Secretary determines that 
     the action is in the public interest, carry out such project 
     with the work being performed under section 5(c) of that Act, 
     subject to the limitations in paragraph (2).
       (2) Cost-sharing.--The cost to carry out a project under 
     paragraph (1) shall be shared in accordance with section 103 
     of the Water Resources Development Act of 1986 (33 U.S.C. 
     2213).

     SEC. 3002. REHABILITATION OF EXISTING LEVEES.

       Section 3017 of the Water Resources Reform and Development 
     Act of 2014 (33 U.S.C. 3303a note; Public Law 113-121) is 
     amended--
       (1) in subsection (a), by striking ``if the Secretary 
     determines the necessary work is technically feasible, 
     environmentally acceptable, and economically justified'';
       (2) in subsection (b)--
       (A) by striking ``This section'' and inserting the 
     following:
       ``(1) In general.--This section''; and

[[Page S5332]]

       (B) by adding at the end the following:
       ``(2) Requirement.--A measure carried out under subsection 
     (a) shall be implemented in the same manner as the repair or 
     restoration of a flood control work pursuant to section 5 of 
     the Act of August 18, 1941 (33 U.S.C. 701n).'';
       (3) in subsection (c)(1), by striking ``The non-Federal'' 
     and inserting ``Notwithstanding subsection (b)(2), the non-
     Federal''; and
       (4) by adding at the end the following:
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $125,000,000.''.

     SEC. 3003. MAINTENANCE OF HIGH RISK FLOOD CONTROL PROJECTS.

       In any case in which the Secretary is responsible, as of 
     the date of enactment of this Act, for the maintenance of a 
     project classified as class III under the Dam Safety Action 
     Classification of the Corps of Engineers, the Secretary shall 
     continue to be responsible for the maintenance until the 
     earlier of the date that--
       (1) the project is modified to reduce that risk and the 
     Secretary determines that the project is no longer classified 
     as class III under the Dam Safety Action Classification of 
     the Corps of Engineers; and
       (2) is 15 years after the date of enactment of this Act.

     SEC. 3004. REHABILITATION OF HIGH HAZARD POTENTIAL DAMS.

       (a) Definitions.--Section 2 of the National Dam Safety 
     Program Act (33 U.S.C. 467) is amended--
       (1) by redesignating paragraphs (4), (5), (6), (7), (8), 
     (9), (10), (11), (12), and (13) as paragraphs (5), (6), (7), 
     (8), (9), (11), (13), (14), (15), and (16), respectively;
       (2) by inserting after paragraph (3) the following:
       ``(4) Eligible high hazard potential dam.--
       ``(A) In general.--The term `eligible high hazard potential 
     dam' means a non-Federal dam that--
       ``(i) is located in a State with a State dam safety 
     program;
       ``(ii) is classified as `high hazard potential' by the 
     State dam safety agency in the State in which the dam is 
     located;
       ``(iii) has an emergency action plan approved by the 
     relevant State dam safety agency; and
       ``(iv) the State in which the dam is located determines--

       ``(I) fails to meet minimum dam safety standards of the 
     State; and
       ``(II) poses an unacceptable risk to the public.

       ``(B) Exclusion.--The term `eligible high hazard potential 
     dam' does not include--
       ``(i) a licensed hydroelectric dam; or
       ``(ii) a dam built under the authority of the Secretary of 
     Agriculture.'';
       (3) by inserting after paragraph (9) (as redesignated by 
     paragraph (1)) the following:
       ``(10) Non-federal sponsor.--The term `non-Federal 
     sponsor', in the case of a project receiving assistance under 
     section 8A, includes--
       ``(A) a governmental organization; and
       ``(B) a nonprofit organization.'' and
       (4) by inserting after paragraph (11) (as redesignated by 
     paragraph (1)) the following:
       ``(12) Rehabilitation.--The term `rehabilitation' means the 
     repair, replacement, reconstruction, or removal of a dam that 
     is carried out to meet applicable State dam safety and 
     security standards.''.
       (b) Program for Rehabilitation of High Hazard Potential 
     Dams.--The National Dam Safety Program Act is amended by 
     inserting after section 8 (33 U.S.C. 467f) the following:

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

       ``(a) Establishment of Program.--The Administrator shall 
     establish, within FEMA, a program to provide technical, 
     planning, design, and construction assistance in the form of 
     grants to non-Federal sponsors for rehabilitation of eligible 
     high hazard potential dams.
       ``(b) Eligible Activities.--A grant awarded under this 
     section for a project may be used for--
       ``(1) repair;
       ``(2) removal; or
       ``(3) any other structural or nonstructural measures to 
     rehabilitate a high hazard potential dam.
       ``(c) Award of Grants.--
       ``(1) Application.--
       ``(A) In general.--A non-Federal sponsor interested in 
     receiving a grant under this section may submit to the 
     Administrator an application for the grant.
       ``(B) Requirements.--An application submitted to the 
     Administrator under this section shall be submitted at such 
     time, be in such form, and contain such information as the 
     Administrator may prescribe by regulation pursuant to section 
     3004(c) of the Water Resources Development Act of 2016.
       ``(2) Grant.--
       ``(A) In general.--The Administrator may make a grant in 
     accordance with this section for rehabilitation of a high 
     hazard potential dam to a non-Federal sponsor that submits an 
     application for the grant in accordance with the regulations 
     prescribed by the Administrator.
       ``(B) Project grant agreement.--The Administrator shall 
     enter into a project grant agreement with the non-Federal 
     sponsor to establish the terms of the grant and the project, 
     including the amount of the grant.
       ``(C) Grant assurance.--As part of a project grant 
     agreement under subparagraph (B), the Administrator shall 
     require the non-Federal sponsor to provide an assurance, with 
     respect to the dam to be rehabilitated under the project, 
     that the owner of the dam has developed and will carry out a 
     plan for maintenance of the dam during the expected life of 
     the dam.
       ``(D) Limitation.--A grant provided under this section 
     shall not exceed the lesser of--
       ``(i) 12.5 percent of the total amount of funds made 
     available to carry out this section; or
       ``(ii) $7,500,000.
       ``(d) Requirements.--
       ``(1) Approval.--A grant awarded under this section for a 
     project shall be approved by the relevant State dam safety 
     agency.
       ``(2) Non-federal sponsor requirements.--To receive a grant 
     under this section, the non-Federal sponsor shall--
       ``(A) participate in, and comply with, all applicable 
     Federal flood insurance programs;
       ``(B) have in place a hazard mitigation plan that--
       ``(i) includes all dam risks; and
       ``(ii) complies with the Disaster Mitigation Act of 2000 
     (Public Law 106-390; 114 Stat. 1552);
       ``(C) commit to provide operation and maintenance of the 
     project for the 50-year period following completion of 
     rehabilitation;
       ``(D) comply with such minimum eligibility requirements as 
     the Administrator may establish to ensure that each owner and 
     operator of a dam under a participating State dam safety 
     program--
       ``(i) acts in accordance with the State dam safety program; 
     and
       ``(ii) carries out activities relating to the public in the 
     area around the dam in accordance with the hazard mitigation 
     plan described in subparagraph (B); and
       ``(E) comply with section 611(j)(9) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5196(j)(9)) (as in effect on the date of enactment of 
     this section) with respect to projects receiving assistance 
     under this section in the same manner as recipients are 
     required to comply in order to receive financial 
     contributions from the Administrator for emergency 
     preparedness purposes.
       ``(e) Floodplain Management Plans.--
       ``(1) In general.--As a condition of receipt of assistance 
     under this section, the non-Federal entity shall demonstrate 
     that a floodplain management plan to reduce the impacts of 
     future flood events in the area protected by the project--
       ``(A) is in place; or
       ``(B) will be--
       ``(i) developed not later than 1 year after the date of 
     execution of a project agreement for assistance under this 
     section; and
       ``(ii) implemented not later than 1 year after the date of 
     completion of construction of the project.
       ``(2) Inclusions.--A plan under paragraph (1) shall 
     address--
       ``(A) potential measures, practices, and policies to reduce 
     loss of life, injuries, damage to property and facilities, 
     public expenditures, and other adverse impacts of flooding in 
     the area protected by the project;
       ``(B) plans for flood fighting and evacuation; and
       ``(C) public education and awareness of flood risks.
       ``(3) Technical support.--The Administrator may provide 
     technical support for the development and implementation of 
     floodplain management plans prepared under this subsection.
       ``(f) Priority System.--The Administrator, in consultation 
     with the Board, shall develop a risk-based priority system 
     for use in identifying high hazard potential dams for which 
     grants may be made under this section.
       ``(g) Funding.--
       ``(1) Cost sharing.--
       ``(A) In general.--Any assistance provided under this 
     section for a project shall be subject to a non-Federal cost-
     sharing requirement of not less than 35 percent.
       ``(B) In-kind contributions.--The non-Federal share under 
     subparagraph (A) may be provided in the form of in-kind 
     contributions.
       ``(2) Allocation of funds.--The total amount of funds made 
     available to carry out this section for each fiscal year 
     shall be distributed as follows:
       ``(A) Equal distribution.--\1/3\ shall be distributed 
     equally among the States in which the projects for which 
     applications are submitted under subsection (c)(1) are 
     located.
       ``(B) Need-based.--\2/3\ shall be distributed among the 
     States in which the projects for which applications are 
     submitted under subsection (c)(1) are located based on the 
     proportion that--
       ``(i) the number of eligible high hazard potential dams in 
     the State; bears to
       ``(ii) the number of eligible high hazard potential dams in 
     all States in which projects for which applications are 
     submitted under subsection (c)(1).
       ``(h) Use of Funds.--None of the funds provided in the form 
     of a grant or otherwise made available under this section 
     shall be used--
       ``(1) to rehabilitate a Federal dam;
       ``(2) to perform routine operation or maintenance of a dam;
       ``(3) to modify a dam to produce hydroelectric power;
       ``(4) to increase water supply storage capacity; or

[[Page S5333]]

       ``(5) to make any other modification to a dam that does not 
     also improve the safety of the dam.
       ``(i) Contractual Requirements.--
       ``(1) In general.--Subject to paragraph (2), as a condition 
     on the receipt of a grant under this section of an amount 
     greater than $1,000,000, a non-Federal sponsor that receives 
     the grant shall require that each contract and subcontract 
     for program management, construction management, planning 
     studies, feasibility studies, architectural services, 
     preliminary engineering, design, engineering, surveying, 
     mapping, and related services entered into using funds from 
     the grant be awarded in the same manner as a contract for 
     architectural and engineering services is awarded under--
       ``(A) chapter 11 of title 40, United States Code; or
       ``(B) an equivalent qualifications-based requirement 
     prescribed by the relevant State.
       ``(2) No proprietary interest.--A contract awarded in 
     accordance with paragraph (1) shall not be considered to 
     confer a proprietary interest upon the United States.
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $10,000,000 for fiscal years 2017 and 2018;
       ``(2) $25,000,000 for fiscal year 2019;
       ``(3) $40,000,000 for fiscal year 2020; and
       ``(4) $60,000,000 for each of fiscal years 2021 through 
     2026.''.
       (c) Rulemaking.--
       (1) Proposed rulemaking.--Not later than 90 days after the 
     date of enactment of this Act, the Administrator of the 
     Federal Emergency Management Agency shall issue a notice of 
     proposed rulemaking regarding applications for grants of 
     assistance under the amendments made by subsection (b) to the 
     National Dam Safety Program Act (33 U.S.C. 467 et seq.).
       (2) Final rule.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Emergency Management Agency shall promulgate a final rule 
     regarding the amendments described in paragraph (1).

         TITLE IV--RIVER BASINS, WATERSHEDS, AND COASTAL AREAS

     SEC. 4001. GULF COAST OYSTER BED RECOVERY PLAN.

       (a) Definition of Gulf States.--In this section, the term 
     ``Gulf States'' means each of the States of Alabama, Florida, 
     Louisiana, Mississippi, and Texas.
       (b) Gulf Coast Oyster Bed Recovery Plan.--The Secretary, in 
     coordination with the Gulf States, shall develop and 
     implement a plan to assist in the recovery of oyster beds on 
     the coast of Gulf States that were damaged by events 
     including--
       (1) Hurricane Katrina in 2005;
       (2) the Deep Water Horizon oil spill in 2010; and
       (3) floods in 2011 and 2016.
       (c) Inclusion.--The plan developed under subsection (b) 
     shall address the beneficial use of dredged material in 
     providing substrate for oyster bed development.
       (d) Submission.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee of Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives the plan developed under subsection 
     (b).
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $2,000,000, to remain available until expended.

     SEC. 4002. COLUMBIA RIVER.

       (a) Ecosystem Restoration.--Section 536(g) of the Water 
     Resources Development Act of 2000 (Public Law 106-541; 114 
     Stat. 2662; 128 Stat. 1314) is amended by striking 
     ``$50,000,000'' and inserting ``$75,000,000''.
       (b) Watercraft Inspection Stations, Columbia River Basin.--
     Section 104(d) of the River and Harbor Act of 1958 (33 U.S.C. 
     610(d)) is amended--
       (1) in paragraph (1), by striking ``stations in the 
     Columbia River Basin to be located in the States of Idaho, 
     Montana, Oregon, and Washington'' and inserting ``stations to 
     protect the Columbia River Basin''; and
       (2) in paragraph (3), by striking subparagraph (A) and 
     inserting the following:
       ``(A) the Governor of each State in which a station is 
     established under paragraph (1);''.
       (c) Tribal Housing.--
       (1) Definition of report.--In this subsection, the term 
     ``report'' means the final report of the Portland District, 
     Corps of Engineers, entitled ``Columbia River Treaty Fishing 
     Access Sites, Oregon and Washington: Fact-finding Review on 
     Tribal Housing'' and dated November 19, 2013.
       (2) Assistance authorized.--As replacement housing for 
     Indian families displaced due to the construction of the 
     Bonneville Dam, on the request of the Secretary of the 
     Interior, the Secretary may provide assistance [to relocate 
     to] on land transferred by the Department of the Army to the 
     Department of the Interior pursuant to title IV of Public Law 
     100-581 (102 Stat. 2944; 110 Stat. 766; 110 Stat. 3762; 114 
     Stat. 2679; 118 Stat. 544) for the number of families 
     [identified] estimated in the report as having received no 
     relocation assistance [in the report.]
       (3) Study.--The Secretary shall--
       (A) conduct a study to determine the number of Indian 
     people displaced by the construction of the John Day Dam; and
       (B) identify a plan for suitable housing to replace housing 
     lost to the construction of the John Day Dam.
       (d) Columbia and Lower Willamette Rivers Below Vancouver, 
     Washington and Oregon.--The Secretary shall conduct a study 
     to determine the feasibility of modifying the project for 
     navigation, Columbia and Lower Willamette Rivers below 
     Vancouver, Washington and Portland, Oregon, authorized by 
     section 101 of the River and Harbor Act of 1962 (Public Law 
     87-874; 76 Stat. 1177) to address safety risks.

     SEC. 4003. MISSOURI RIVER.

       (a) Reservoir Sediment Management.--
       (1) Definition of sediment management plan.--In this 
     subsection, the term ``sediment management plan'' means a 
     plan for preventing sediment from reducing water storage 
     capacity at a reservoir and increasing water storage capacity 
     through sediment removal at a reservoir.
       (2) Upper missouri river basin pilot program.--The 
     Secretary shall carry out a pilot program for the development 
     and implementation of sediment management plans for 
     reservoirs owned and operated by the Secretary in the Upper 
     Missouri River Basin, on request by project beneficiaries.
       (3) Plan elements.--A sediment management plan under 
     paragraph (2) shall--
       (A) provide opportunities for project beneficiaries and 
     other stakeholders to participate in sediment management 
     decisions;
       (B) evaluate the volume of sediment in a reservoir and 
     impacts on storage capacity;
       (C) identify preliminary sediment management options, 
     including sediment dikes and dredging;
       (D) identify constraints;
       (E) assess technical feasibility, economic justification, 
     and environmental impacts;
       (F) identify beneficial uses for sediment; and
       (G) to the maximum extent practicable, use, develop, and 
     demonstrate innovative, cost-saving technologies, including 
     structural and nonstructural technologies and designs, to 
     manage sediment.
       (4) Cost share.--The beneficiaries requesting the plan 
     shall share in the cost of development and implementation of 
     a sediment management plan allocated in accordance with the 
     benefits to be received.
       (5) Contributed funds.--The Secretary may accept funds from 
     non-Federal interests and other Federal agencies to develop 
     and implement a sediment management plan under this 
     subsection.
       (6) Guidance.--The Secretary shall use the knowledge gained 
     through the development and implementation of sediment 
     management plans under paragraph (2) to develop guidance for 
     sediment management at other reservoirs.
       (7) Partnership with the secretary of the interior.--
       (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 may apply to 
     reservoirs managed or owned by the Bureau of Reclamation on 
     execution of a memorandum of agreement between the Secretary 
     and the Secretary of the Interior establishing the framework 
     for a partnership and the terms and conditions for sharing 
     expertise and resources.
       (B) Lead agency.--The Secretary that has primary 
     jurisdiction over the reservoir shall take the lead in 
     developing and implementing a sediment management plan for 
     that reservoir.
       (8) Other authorities not affected.--Nothing in this 
     subsection affects sediment management or the share of costs 
     paid by Federal and non-Federal interests relating to 
     sediment management under any other provision of law 
     (including regulations).
       (b) Snowpack and Drought Monitoring.--Section 4003(a) of 
     the Water Resources Reform and Development Act of 2014 
     (Public Law 113-121; 128 Stat. 1311) is amended by adding at 
     the end the following:
       ``(5) Lead agency.--The Corps of Engineers shall be the 
     lead agency for carrying out and coordinating the activities 
     described in paragraph (1).''.

     SEC. 4004. 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 by 
     striking ``$5,000,000'' and inserting ``$10,000,000''.

     SEC. 4005. ICE JAM PREVENTION AND MITIGATION.

       (a) In General.--The Secretary may carry out projects under 
     section 205 of the Flood Control Act of 1948 (33 U.S.C. 
     701s), including planning, design, construction, and 
     monitoring of structural and nonstructural technologies and 
     measures for preventing and mitigating flood damages 
     associated with ice jams.
       (b) Inclusion.--The projects described in subsection (a) 
     may include the development and demonstration of cost-
     effective technologies and designs developed in consultation 
     with--
       (1) the Cold Regions Research and Engineering Laboratory of 
     the Corps of Engineers;
       (2) universities;
       (3) Federal, State, and local agencies; and
       (4) private organizations.
       (c) Pilot Program.--
       (1) Authorization.--In addition to the funding authorized 
     under section 205 of the Flood Control Act of 1948 (33 U.S.C. 
     701s), the Secretary is authorized to expend $30,000,000 to 
     carry out pilot projects to demonstrate technologies and 
     designs developed in accordance with this section.

[[Page S5334]]

       (2) Priority.--In carrying out pilot projects under 
     paragraph (1), the Secretary shall give priority to projects 
     in the Upper Missouri River Basin.
       (3) Sunset.--The pilot program under this subsection shall 
     terminate on December 31, 2026.

     SEC. 4006. CHESAPEAKE BAY OYSTER RESTORATION.

       Section 704(b)(1) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2263(b)(1)) is amended by striking 
     ``$60,000,000'' and inserting ``$100,000,000''.

     SEC. 4007. NORTH ATLANTIC COASTAL REGION.

       Section 4009(a) of the Water Resources Reform and 
     Development Act of 2014 (Public Law 113-121; 128 Stat. 1316) 
     is amended by inserting ``at Federal expense'' after 
     ``study''.

     SEC. 4008. RIO GRANDE.

       Section 5056(f) of the Water Resources Development Act of 
     2007 (Public Law 110-114; 121 Stat. 1214; 128 Stat. 1315) is 
     amended by striking ``2019'' and inserting ``2024''.

     SEC. 4009. TEXAS COASTAL AREA.

       In carrying out the Coastal Texas ecosystem protection and 
     restoration study authorized by section 4091 of the Water 
     Resources Development Act of 2007 (Public Law 110-114; 121 
     Stat. 1187), the Secretary shall consider studies, data, or 
     information developed by the Gulf Coast Community Protection 
     and Recovery District to expedite completion of the study.

     SEC. 4010. UPPER MISSISSIPPI AND ILLINOIS RIVERS FLOOD RISK 
                   MANAGEMENT.

       (a) In General.--The Secretary shall conduct a study at 
     Federal expense to determine the feasibility of carrying out 
     projects to address systemic flood damage reduction in the 
     upper Mississippi and Illinois River basins.
       (b) Purpose.--The purposes of the study under subsection 
     (a) are--
       (1) to develop an integrated, comprehensive, and systems-
     based approach to minimize the threat to health and safety 
     resulting from flooding by using structural and nonstructural 
     flood risk management measures;
       (2) to reduce damages and costs associated with flooding;
       (3) to identify opportunities to support environmental 
     sustainability and restoration goals of the Upper Mississippi 
     River and Illinois River floodplain as part of any systemic 
     flood risk management plan; and
       (4) to seek opportunities to address, in concert with flood 
     risk management measures, other floodplain specific problems, 
     needs, and opportunities.
       (c) Study Components.--In carrying out the study under 
     subsection (a), the Secretary shall--
       (1) as appropriate, coordinate with the heads of other 
     appropriate Federal agencies, the Governors of the States 
     within the Upper Mississippi and Illinois River basins, the 
     appropriate levee and drainage districts, nonprofit 
     organizations, and other interested parties;
       (2) recommend projects for reconstruction of existing levee 
     systems so as to develop and maintain a comprehensive system 
     for flood risk reduction and floodplain management;
       (3) perform a systemic analysis of critical transportation 
     systems to determine the feasibility of protecting river 
     approaches for land-based systems, highways, and railroads;
       (4) develop a basin-wide hydrologic model for the Upper 
     Mississippi River System and update as changes occur and new 
     data is available; and
       (5) use, to the maximum extent practicable, any existing 
     plans and data, including the Upper Mississippi River 
     Comprehensive Plan authorized in section 429 of the Water 
     Resources Development Act of 1999 (Public Law 106-53; 113 
     Stat. 326).
       (d) Basis for Recommendations.--In recommending a project 
     under subsection (c)(2), the Secretary may justify the 
     project based on system-wide benefits.

     SEC. 4011. SALTON SEA, CALIFORNIA.

       Section 3032 of the Water Resources Development Act of 2007 
     (Public Law 110-114; 121 Stat. 1113) is amended--
       (1) in subsection (b)--
       (A) in the subsection heading, by striking ``Pilot 
     Projects'' and inserting ``Projects'';
       (B) in paragraph (1)--
       (i) in subparagraph (A), by striking ``the pilot''; and
       (ii) in subparagraph (B)--

       (I) in clause (i), in the matter preceding subclause (I), 
     by striking ``the pilot'';
       (II) in subclause (I), by inserting ``, Salton Sea 
     Authority, or other non-Federal interest'' before the 
     semicolon at the end; and
       (III) in subclause (II), by striking ``pilot'';

       (C) in paragraph (2), in the matter preceding subparagraph 
     (A), by striking ``pilot''; and
       (D) in paragraph (3)--
       (i) by striking ``pilot'' each place it appears; and
       (ii) by inserting ``, Salton Sea Authority, or other non-
     Federal interest'' after ``State''; and
       (2) in subsection (c), by striking ``pilot''.

     SEC. 4012. ADJUSTMENT.

       Section 219(f)(25) of the Water Resources Development Act 
     of 1992 (Public Law 102-580; 113 Stat. 336) is amended--
       (1) by inserting ``Berkeley'' before ``Calhoun''; and
       (2) by striking ``Orangeberg, and Sumter'' and inserting 
     ``and Orangeberg''.

     SEC. 4013. COASTAL RESILIENCY.

       [Section 4014(b) of the Water Resources Reform and 
     Development Act of 2014 (33 U.S.C. 2803a(b)) is amended--]
        (a) In General.--Section 4014(b) of the Water Resources 
     Reform and Development Act of 2014 (33 U.S.C. 2803a(b)) is 
     amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) give priority to projects in communities the 
     existence of which is threatened by rising sea level, 
     including projects relating to shoreline restoration, tidal 
     marsh restoration, dunal habitats to protect coastal 
     infrastructure, reduction of future and existing emergency 
     repair costs, and projects that use dredged materials;''.
       (b) Interagency Coordination on Coastal Resilience.--The 
     Secretary shall convene an interagency working group on 
     resilience to extreme weather, which will coordinate 
     research, data, and Federal investments related to sea level 
     rise, resiliency, and vulnerability to extreme weather, 
     including coastal resilience.

     SEC. 4014. REGIONAL INTERGOVERNMENTAL COLLABORATION ON 
                   COASTAL RESILIENCE.

       (a) Regional Assessments.--
       (1) In general.--The Secretary may conduct regional 
     assessments of coastal and back bay protection and of Federal 
     and State policies and programs related to coastal water 
     resources, including--
       (A) an assessment of the probability and the extent of 
     coastal flooding and erosion, including back bay and 
     estuarine flooding;
       (B) recommendations for policies and other measures related 
     to regional Federal, State, local, and private participation 
     in shoreline and back-bay protection projects;
       (C) an evaluation of the performance of existing Federal 
     coastal storm damage reduction, ecosystem restoration, and 
     navigation projects, including recommendations for the 
     improvement of those projects;
       (D) an assessment of the value and impacts of 
     implementation of regional, systems-based, watershed-based, 
     and interstate approaches if practicable;
       (E) recommendations for the demonstration of methodologies 
     for resilience through the use of natural and nature-based 
     infrastructure approaches, as appropriate; and
       (F) recommendations regarding alternative sources of 
     funding for new and existing projects.
       (2) Cooperation.--In carrying out paragraph (1), the 
     Secretary shall cooperate with--
       (A) heads of appropriate Federal agencies;
       (B) States that have approved coastal management programs 
     and appropriate agencies of those States;
       (C) local governments; and
       (D) the private sector.
       (b) Streamlining.--In carrying out this section, the 
     Secretary shall--
       (1) to the maximum extent practicable, use existing 
     research done by Federal, State, regional, local, and private 
     entities to eliminate redundancies and related costs;
       (2) receive from any of the entities described in 
     subsection (a)(2)--
       (A) contributed funds; or
       (B) research that may be eligible for credit as work-in-
     kind under applicable Federal law; and
       (3) enable each District or combination of Districts of the 
     Corps of Engineers that jointly participate in carrying out 
     an assessment under this section to consider regionally 
     appropriate engineering, biological, ecological, social, 
     economic, and other factors in carrying out the assessment.
       (c) Reports.--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 all reports and recommendations prepared 
     under this section, together with any necessary supporting 
     documentation.

                       TITLE V--DEAUTHORIZATIONS

     SEC. 5001. DEAUTHORIZATIONS.

       (a) Valdez, Alaska.--
       (1) In general.--Subject to paragraph (2), the portions of 
     the project for navigation, Valdez, Alaska, identified as 
     Tract G, Harbor Subdivision, shall not be subject to 
     navigation servitude beginning on the date of enactment of 
     this Act.
       (2) Entry by federal government.--The Federal Government 
     may enter on the property referred to in paragraph (1) to 
     carry out any required operation and maintenance of the 
     general navigation features of the project described in 
     paragraph (1).
       (b) Red River Below Denison Dam, Arkansas, Louisiana, and 
     Texas.--The portion of the project for flood protection on 
     Red River Below Denison Dam, Arkansas, Louisiana and Texas, 
     authorized by section 10 of the Flood Control Act of 1946 (60 
     Stat. 647, chapter 596), consisting of the portion of the 
     West Agurs Levee that begins at lat. 3232'50.86'' N ., by 
     long. 9346'16.82'' W., and ends at lat. 32 31'22.79'' N., 
     by long. 93 45' 2.47'' W., is no longer authorized beginning 
     on the date of enactment of this Act.
       (c) Sutter Basin, California.--
       (1) In general.--The separable element constituting the 
     locally preferred plan increment reflected in the report of 
     the Chief of Engineers dated March 12, 2014, and authorized 
     for construction under section 7002(2)(8) of the Water 
     Resources Reform and Development Act of 2014 (Public Law 113-
     121; 128 Stat. 1366) is no longer authorized beginning on the 
     date of enactment of this Act.
       (2) Savings provisions.--The deauthorization under 
     paragraph (1) does not affect--
       (A) the national economic development plan separable 
     element reflected in the report of the Chief of Engineers 
     dated March 12, 2014, and authorized for construction under 
     section 7002(2)(8) of the Water Resources Reform and 
     Development Act of 2014 (Public Law 113-121; 128 Stat. 1366); 
     or

[[Page S5335]]

       (B) previous authorizations providing for the Sacramento 
     River and major and minor tributaries project, including--
       (i) section 2 of the Act of March 1, 1917 (39 Stat. 949; 
     chapter 144);
       (ii) section 12 of the Act of December 22, 1944 (58 Stat. 
     900; chapter 665);
       (iii) section 204 of the Flood Control Act of 1950 (64 
     Stat. 177; chapter 188); and
       (iv) any other Acts relating to the authorization for the 
     Sacramento River and major and minor tributaries project 
     along the Feather River right bank between levee stationing 
     1483+33 and levee stationing 2368+00.
       (d) Stonington Harbor, Connecticut.--The portion of the 
     project for navigation, Stonington Harbor, Connecticut, 
     authorized by the Act of May 23, 1828 (4 Stat. 288; chapter 
     73) that consists of the inner stone breakwater that begins 
     at coordinates N. 682,146.42, E. 1231,378.69, running north 
     83.587 degrees west 166.79' to a point N. 682,165.05, E. 
     1,231,212.94, running north 69.209 degrees west 380.89' to a 
     point N. 682,300.25, E. 1,230,856.86, is no longer authorized 
     as a Federal project beginning on the date of enactment of 
     this Act.
       (e) Green River Lock and Dam 3, Ohio and Muhlenberg 
     Counties, Kentucky.--
       (1) In general.--The structure and land associated with 
     Green River Lock and Dam 3 and deauthorized under section 
     6001(1) pursuant to the report of the Chief of Engineers 
     relating to Green River Locks and Dams 3, 4, 5, and 6 and 
     Barren River Lock and Dam 1, Kentucky, dated April 30, 2015 
     shall be transferred under this subsection, and the land 
     shall no longer be a portion of the Green River project for 
     navigation, built by the Commonwealth of Kentucky prior to 
     1886 and purchased and ceded to the Federal Government under 
     the first section of the Act of August 11, 1888 (25 Stat. 
     416; chapter 860).
       (2) Transfer.--Subject to this subsection, the Secretary 
     shall convey to the Rochester Dam Regional Water Commission 
     by quitclaim deed and without consideration, all right, 
     title, and interest of the United States in 3 adjacent 
     parcels of land situated on the Ohio County side of the Green 
     River together with any improvements on the land.
       (3) Lands to be conveyed.--
       (A) In general.--The 3 adjacent parcels of land to be 
     conveyed under this subsection total approximately 6.72 acres 
     of land in Ohio County, with all 3 parcels being associated 
     with the deauthorized Green River Lock and Dam 3.
       (B) Use.--The 3 parcels of land described in subparagraph 
     (A) may be used by the Rochester Dam Regional Water 
     Commission in such a manner as to ensure a water supply for 
     local communities.
       (4) Reversion.--If the Secretary determines that the land 
     conveyed under this subsection ceases to be owned by the 
     public or is used for any purpose that is inconsistent with 
     paragraph (3)(B), all right, title, and interest in and to 
     the land shall revert, at the discretion of the Secretary, to 
     the United States.
       (f) Green River Lock and Dam 5, Butler and Warren Counties, 
     Kentucky.--
       (1) In general.--If the Secretary determines that the Corps 
     of Engineers will not oversee and conduct the removal of the 
     lock and dam structure for Green River Lock and Dam 5 
     deauthorized under section 6001(1) pursuant to the report of 
     the Chief of Engineers relating to Green River Locks and Dams 
     3, 4, 5, and 6 and Barren River Lock and Dam 1, Kentucky, 
     dated April 30, 2015, the lock and dam structure and 
     associated land shall be transferred through established 
     General Services Administration procedures to another entity 
     for the express purposes of--
       (A) removing the structure from the river at the earliest 
     feasible time; and
       (B) making the land available for conservation and public 
     recreation and river access in the future.
       (2) Deauthorization.--On a transfer under paragraph (1), 
     the land described in that paragraph shall no longer be a 
     portion of the Green River project for navigation, authorized 
     by the first section of the Act of July 13, 1892 (27 Stat. 
     105; chapter 158).
       (g) Green River Lock and Dam 6, Edmonson County, 
     Kentucky.--
       (1) In general.--The structure and land associated with 
     Green River Lock and Dam 6 and deauthorized under section 
     6001(1) pursuant to the report of the Chief of Engineers 
     relating to Green River Locks and Dams 3, 4, 5, and 6 and 
     Barren River Lock and Dam 1, Kentucky, dated April 30, 2015, 
     shall be transferred under this subsection and the land shall 
     no longer be a portion of the Green River project for 
     navigation, authorized by the first section of the Act of 
     June 13, 1902 (32 Stat. 359; chapter 1079).
       (2) Transfer.--
       (A) Transfer to department of the interior.--Subject to 
     this subsection, the Secretary shall transfer to the 
     Department of Interior, Mammoth Cave National Park, by 
     quitclaim deed and without consideration, all right, title, 
     and interest of the United States in the 4.19 acre parcel of 
     land situated on left descending bank (south side) of the 
     Green River together with any improvements on the land.
       (B) Transfer to the commonwealth of kentucky.--Subject to 
     this subsection, the Secretary shall transfer to the 
     Commonwealth of Kentucky, Department of Fish and Wildlife 
     Resources, by quitclaim deed and without consideration, all 
     right, title, and interest of the United States in the 18.0 
     acre parcel of land on the right descending bank (north side) 
     of the river and the deauthorized lock and dam structure.
       (3) Land to be conveyed.--
       (A) In general.--The 2 parcels of land to be conveyed under 
     this subsection, located on each side of the Green River and 
     associated with the deauthorized Green River Lock and Dam 6 
     in Edmonson County, Kentucky, include--
       (i) a parcel consisting of approximately 4.19 acres of 
     land; and
       (ii) a parcel consisting of approximately 18.0 acres of 
     land and the deauthorized lock and dam structure.
       (B) Use.--
       (i) Mammoth cave national park.--The 4.19-acre parcel of 
     land described in subparagraph (A)(i) shall be used for 
     established purposes of Mammoth Cave National Park.
       (ii) Department of fish and wildlife resources.--The 18.0-
     acre parcel of land and deauthorized lock and dam structure 
     described in subparagraph (A)(ii) may--

       (I) be used for the purposes of removal of the deauthorized 
     structures to restore natural river functions while providing 
     green space and ecotourism development, including the 
     provision of roads, parking, camping, and boat access; or
       (II) if the Department of Fish and Wildlife Resources, 
     Commonwealth of Kentucky, cannot fulfill the uses described 
     in subclause (I), be transferred to county or local 
     governments or private conservation entities for continued 
     public green space utilization as described in subclause (I).

       (4) Reversion.--If the Secretary determines that the land 
     conveyed under this subsection ceases to be owned by the 
     public or is used for any purpose that is inconsistent with 
     paragraph (3)(B), all right, title, and interest in and to 
     the land shall revert, at the discretion of the Secretary, to 
     the United States.
       (h) Barren River Lock and Dam 1, Warren County, Kentucky.--
       (1) In general.--The structure and land associated with 
     Barren River Lock and Dam 1 and deauthorized under section 
     6001(1) pursuant to the report of the Chief of Engineers 
     relating to Green River Locks and Dams 3, 4, 5, and 6 and 
     Barren River Lock and Dam 1, Kentucky, dated April 30, 2015, 
     shall be conveyed under this subsection and the land shall no 
     longer be a portion of the Barren River project for 
     navigation, built by the Commonwealth of Kentucky prior to 
     1886 and purchased by and ceded to the Federal Government 
     under the first section of the Act of August 11, 1888 (25 
     Stat. 416; chapter 860).
       (2) Transfer.--Subject to this subsection, the Secretary 
     shall convey to the Commonwealth of Kentucky, Department of 
     Fish and Wildlife Resources, by quitclaim deed and without 
     consideration, all right, title, and interest of the United 
     States in 1 parcel of land situated on the right bank of the 
     Barren River together with any improvements on the land.
       (3) Land to be conveyed.--
       (A) In general.--The parcel of land to be conveyed under 
     this subsection includes approximately 16.63 acres of land, 
     located on the right bank of the Barren River and associated 
     with the deauthorized Barren River Lock and Dam 1 in Warren 
     County, Kentucky.
       (B) Use.--The parcel of land described in subparagraph (A) 
     may--
       (i) be used by the Commonwealth of Kentucky for the 
     purposes of removal of structures to restore natural river 
     functions while providing green space and ecotourism 
     development, including the provision of roads, parking, 
     camping, and boat access; or
       (ii) if the Department of Fish and Wildlife Resources, 
     Commonwealth of Kentucky, cannot fulfill the uses described 
     in clause (i), be transferred to county or local governments 
     or private conservation entities for continued public green 
     space utilization as described in clause (i).
       (4) Reversion.--If the Secretary determines that the land 
     conveyed under this subsection ceases to be owned by the 
     public or is used for any purpose that is inconsistent with 
     paragraph (3)(B), all right, title, and interest in and to 
     the land shall revert, at the discretion of the Secretary, to 
     the United States.
       (i) Port of Cascade Locks, Oregon.--
       (1) Termination of portions of existing flowage easement.--
       (A) Definition of flowage easement.--In this paragraph, the 
     term ``flowage easement'' means the flowage easements 
     identified as tracts 302E-1 and 304E-1 on the easement deeds 
     recorded as instruments in Hood River County, Oregon, as 
     follows:
       (i) A flowage easement dated October 3, 1936, recorded 
     December 1, 1936, book 25 at page 531 (records of Hood River 
     County, Oregon), in favor of United States (302E-1-Perpetual 
     Flowage Easement from October 5, 1937, October 5, 1936, and 
     October 3, 1936) (previously acquired as tracts OH-36 and OH-
     41 and a portion of tract OH-47).
       (ii) A flowage easement recorded October 17, 1936, book 25 
     at page 476 (records of Hood River County, Oregon), in favor 
     of the United States, that affects that portion below the 94-
     foot contour line above main sea level (304 E-1-Perpetual 
     Flowage Easement from August 10, 1937 and October 3, 1936) 
     (previously acquired as tract OH-42 and a portion of tract 
     OH-47).
       (B) Termination.--With respect to the properties described 
     in paragraph (2), beginning on the date of enactment of this 
     Act, the flowage easements are terminated above

[[Page S5336]]

     elevation 82.4 feet (NGVD29), the ordinary high water mark.
       (2) Affected properties.--The properties described in this 
     paragraph, as recorded in Hood River, County, Oregon, are as 
     follows:
       (A) Lots 3, 4, 5, and 7 of the ``Port of Cascade Locks 
     Business Park'' subdivision, instrument #2014-00436.
       (B) Parcels 1, 2, and 3 of Hood River County Partition plat 
     No. 2008-25P.
       (3) Federal liabilities; cultural, environmental, other 
     regulatory reviews.--
       (A) Federal liability.--The United States shall not be 
     liable for any injury caused by the termination of the 
     easement under this subsection.
       (B) Cultural and environmental regulatory actions.--Nothing 
     in this subsection establishes any cultural or environmental 
     regulation relating to the properties described in paragraph 
     (2).
       (4) Effect on other rights.--Nothing in this subsection 
     affects any remaining right or interest of the Corps of 
     Engineers in the properties described in paragraph (2).
       (j) Declarations of Non-navigability for Portions of the 
     Delaware River, Philadelphia, Pennsylvania.--
       (1) In general.--Subject to paragraphs (2) and (3), unless 
     the Secretary determines, after consultation with local and 
     regional public officials (including local and regional 
     project planning organizations), that there are substantive 
     objections, the following portions of the Delaware River, 
     bounded by the former bulkhead and pierhead lines established 
     by the Secretary of War and successors, are declared to be 
     non-navigable waters of the United States:
       (A) Piers 70 South through 38 South, encompassing an area 
     bounded by the southern line of Moore Street extended to the 
     northern line of Catherine Street extended, including the 
     following piers: Piers 70, 68, 67, 64, 61-63, 60, 57, 55, 46, 
     48, 40, and 38.
       (B) Piers 24 North through 72 North, encompassing an area 
     bounded by the southern line of Callowhill Street extended to 
     the northern line of East Fletcher Street extended, including 
     the following piers: 24, 25, 27-35, 35.5, 36, 37, 38, 39, 49, 
     51-52, 53-57, 58-65, 66, 67, 69, 70-72, and Rivercenter.
       (2) Determination.--The Secretary shall make the 
     determination under paragraph (1) separately for each portion 
     of the Delaware River described in subparagraphs (A) and (B) 
     of paragraph (1), using reasonable discretion, by not later 
     than 150 days after the date of submission of appropriate 
     plans for that portion.
       (3) Limits on applicability.--
       (A) In general.--Paragraph (1) applies only to those parts 
     of the areas described in that paragraph that are or will be 
     bulkheaded and filled or otherwise occupied by permanent 
     structures, including marina and recreation facilities.
       (B) Other federal laws.--Any work described in subparagraph 
     (A) shall be subject to all applicable Federal law (including 
     regulations), including--
       (i) sections 9 and 10 of the Act of March 3, 1899 (commonly 
     known as the ``River and Harbors Appropriation Act of 1899'') 
     (33 U.S.C. 401, 403);
       (ii) section 404 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1344); and
       (iii) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       (k) Salt Creek, Graham, Texas.--
       (1) In general.--The project for flood control, 
     environmental restoration, and recreation, Salt Creek, 
     Graham, Texas, authorized by section 101(a)(30) of the Water 
     Resources Development Act of 1999 (Public Law 106-53; 113 
     Stat. 278-279), is no longer authorized as a Federal project 
     beginning on the date of enactment of this Act.
       (2) Certain project-related claims.--The non-Federal 
     sponsor for the project described in paragraph (1) shall hold 
     and save the United States harmless from any claim that has 
     arisen, or that may arise, in connection with the project.
       (3) Transfer.--The Secretary is authorized to transfer any 
     land acquired by the Federal Government for the project on 
     behalf of the non-Federal sponsor that remains in Federal 
     ownership on or after the date of enactment of this Act to 
     the non-Federal sponsor.
       (4) Reversion.--If the Secretary determines that the land 
     that is integral to the project described in paragraph (1) 
     ceases to be owned by the public, all right, title, and 
     interest in and to the land and improvements shall revert, at 
     the discretion of the Secretary, to the United States.

     SEC. 5002. CONVEYANCES.

       (a) Pearl River, Mississippi and Louisiana.--
       (1) In general.--The project for navigation, Pearl River, 
     Mississippi and Louisiana, authorized by the first section of 
     the Act of August 30, 1935 (49 Stat. 1033, chapter 831) and 
     section 101 of the River and Harbor Act of 1966 (Public Law 
     89-789; 80 Stat. 1405), is no longer authorized as a Federal 
     project beginning on the date of enactment of this Act.
       (2) Transfer.--
       (A) In general.--Subject to subparagraphs (B) and (C), the 
     Secretary is authorized to convey to a State or local 
     interest, without consideration, all right, title, and 
     interest of the United States in and to--
       (i) any land in which the Federal Government has a property 
     interest for the project described in paragraph (1); and
       (ii) improvements to the land described in clause (i).
       (B) Responsibility for costs.--The transferee shall be 
     responsible for the payment of all costs and administrative 
     expenses associated with any transfer carried out pursuant to 
     subparagraph (A), including costs associated with any land 
     survey required to determine the exact acreage and legal 
     description of the land and improvements to be transferred.
       (C) Other terms and conditions.--A transfer under 
     subparagraph (A) shall be subject to such other terms and 
     conditions as the Secretary determines to be necessary and 
     appropriate to protect the interests of the United States.
       (3) Reversion.--If the Secretary determines that the land 
     and improvements conveyed under paragraph (2) ceases to be 
     owned by the public, all right, title, and interest in and to 
     the land and improvements shall revert, at the discretion of 
     the Secretary, to the United States.
       (b) Sardis Lake, Mississippi.--
       (1) In general.--The Secretary is authorized to convey to 
     the lessee, at full fair market value, all right, title and 
     interest of the United Sates in and to the property 
     identified in the leases numbered DACW38-1-15-7, DACW38-1-15-
     33, DACW38-1-15-34, and DACW38-1-15-38, subject to such terms 
     and conditions as the Secretary determines to be necessary 
     and appropriate to protect the interests of the United 
     States.
       (2) Easement and restrictive covenant.--The conveyance 
     under paragraph (1) shall include--
       (A) a restrictive covenant to require the approval of the 
     Secretary for any substantial change in the use of the 
     property; and
       (B) a flowage easement.
       (c) Joe Pool Lake, Texas.--The Secretary shall accept from 
     the Trinity River Authority of Texas, if received by 
     September 30, 2016, $31,233,401 as payment in full of amounts 
     owed to the United States, including any accrued interest, 
     for the approximately 61,747.1 acre-feet of water supply 
     storage space in Joe Pool Lake, Texas (previously known as 
     Lakeview Lake), for which payment has not commenced under 
     Article 5.a (relating to project investment costs) of 
     contract number DACW63-76-C-0106 as of the date of enactment 
     of this Act.

                TITLE VI--WATER RESOURCES INFRASTRUCTURE

     SEC. 6001. AUTHORIZATION OF FINAL FEASIBILITY STUDIES.

       The following final feasibility studies for water resources 
     development and conservation and other purposes are 
     authorized to be carried out by the Secretary substantially 
     in accordance with the plan, and subject to the conditions, 
     described in the respective reports designated in this 
     section:
       (1) Navigation.--

 
------------------------------------------------------------------------
                                C. Date of
                                Report of
A. State        B. Name          Chief of         D. Estimated Costs
                                Engineers
------------------------------------------------------------------------
1. TX     Brazos Island       November 3,    Federal: $116,116,000
           Harbor              2014          Non-Federal: $135,836,000
                                             Total: $251,952,000
------------------------------------------------------------------------
2. LA     Calcasieu Lock      December 2,    Federal: $16,700,000
                               2014          Non-Federal: $0
                                             Total: $16,700,000
------------------------------------------------------------------------
3. NH,    Portsmouth Harbor   February 8,    Federal: $15,580,000
 ME        and Piscataqua      2015          Non-Federal: $5,190,000
           River                             Total: $20,770,000
------------------------------------------------------------------------

[[Page S5337]]

 
4. KY     Green River Locks   April 30,      Federal: $0
           and Dams 3, 4, 5,   2015          Non-Federal: $0
           and 6 and Barren                  Total: $0
           River Lock and
           Dam 1 Disposition
------------------------------------------------------------------------
5. FL     Port Everglades     June 25, 2015  Federal: $220,200,000
                                             Non-Federal: $102,500,000
                                             Total: $322,700,000
------------------------------------------------------------------------
6. AK     Little Diomede      August 10,     Federal: $26,015,000
                               2015          Non-Federal: $2,945,000
                                             Total: $28,960,000
------------------------------------------------------------------------
7. SC     Charleston Harbor   September 8,   Federal: $224,300,000
                               2015          Non-Federal: $269,000,000
                                             Total: $493,300,000
------------------------------------------------------------------------
8. AK     Craig Harbor        March 16,      Federal: $29,062,000
                               2016          Non-Federal: $3,255,000
                                             Total: $32,317,000
------------------------------------------------------------------------

       [(2) Flood risk management.--]

 
------------------------------------------------------------------------
                                C. Date of
   [A.                          Report of
  State         B. Name          Chief of         D. Estimated Costs
                                Engineers
------------------------------------------------------------------------
1. TX     Leon Creek          June 30, 2014  Federal: $18,314,000
           Watershed, San                    Non-Federal: $9,861,000
           Antonio                           Total: $28,175,000
------------------------------------------------------------------------
2. MO,    Armourdale and      January 27,    Federal: $207,036,000
 KS        Central             2015          Non-Federal: $111,481,000
           Industrial                        Total: $318,517,000
           District Levee
           Units, Missouri
           River and
           Tributaries at
           Kansas City
------------------------------------------------------------------------
3. KS     City of Manhattan   April 30,      Federal: $15,440,100
                               2015          Non-Federal: $8,313,900
                                             Total: $23,754,000
------------------------------------------------------------------------
4. KS     Upper Turkey Creek  December 22,   Federal: $24,584,000
           Basin               2015          Non-Federal: $13,238,000
                                             Total: $37,822,000
------------------------------------------------------------------------
5. NC     Princeville         February 23,   Federal: $14,001,000
                               2016          Non-Federal: $7,539,000
                                             Total: $21,540,000]
------------------------------------------------------------------------

       (2) Flood risk management.--

 
------------------------------------------------------------------------
                                C. Date of
                                Report of
A. State        B. Name          Chief of         D. Estimated Costs
                                Engineers
------------------------------------------------------------------------
1. TX     Leon Creek          June 30, 2014  Federal: $18,314,000
           Watershed, San                    Non-Federal: $9,861,000
           Antonio                           Total: $28,175,000
------------------------------------------------------------------------
2. MO,    Armourdale and      January 27,    Federal: $207,036,000
 KS        Central             2015          Non-Federal: $111,481,000
           Industrial                        Total: $318,517,000
           District Levee
           Units, Missouri
           River and
           Tributaries at
           Kansas City
------------------------------------------------------------------------
3. KS     City of Manhattan   April 30,      Federal: $15,440,100
                               2015          Non-Federal: $8,313,900
                                             Total: $23,754,000
------------------------------------------------------------------------

[[Page S5338]]

 
4. KS     Upper Turkey Creek  December 22,   Federal: $24,584,000
           Basin               2015          Non-Federal: $13,238,000
                                             Total: $37,822,000
------------------------------------------------------------------------
5. NC     Princeville         February 23,   Federal: $14,001,000
                               2016          Non-Federal: $7,539,000
                                             Total: $21,540,000
------------------------------------------------------------------------
6. CA     West Sacramento     April 26,      Federal: $776,517,000
                               2016          Non-Federal: $414,011,000
                                             Total: $1,190,528,000
------------------------------------------------------------------------
7. CA     American River      April 26,      Federal: $876,478,000
           Watershed Common    2016          Non-Federal: $689,272,000
           Features                          Total: $1,565,750,000
------------------------------------------------------------------------

       (3) Hurricane and storm damage risk reduction.--

 
------------------------------------------------------------------------
                                C. Date of
                                Report of     D. Estimated Initial Costs
A. State        B. Name          Chief of    and Estimated Renourishment
                                Engineers               Costs
------------------------------------------------------------------------
1. SC     Edisto Beach,       September 5,   Initial Federal:
           Colleton County     2014           $13,733,850
                                             Initial Non-Federal:
                                              $7,395,150
                                             Initial Total: $21,129,000
                                             Renourishment Federal:
                                              $16,371,000
                                             Renourishment Non-Federal:
                                              $16,371,000
                                             Renourishment Total:
                                              $32,742,000
------------------------------------------------------------------------
2. FL     Flagler County      December 23,   Initial Federal: $9,218,300
                               2014          Initial Non-Federal:
                                              $4,963,700
                                             Initial Total: $14,182,000
                                             Renourishment Federal:
                                              $15,390,000
                                             Renourishment Non-Federal:
                                              $15,390,000
                                             Renourishment Total:
                                              $30,780,000
------------------------------------------------------------------------
3. NC     Bogue Banks,        December 23,   Initial Federal:
           Carteret County     2014           $24,263,000
                                              Initial Non-Federal:
                                              $13,064,000
                                             Initial Total: $37,327,000
                                             Renourishment Federal:
                                              $114,728,000
                                              Renourishment Non-Federal:
                                              $114,728,000
                                              Renourishment Total:
                                              $229,456,000
------------------------------------------------------------------------
4. NJ     Hereford Inlet to   January 23,    Initial Federal:
           Cape May Inlet,     2015           $14,040,000
           New Jersey                         Initial Non-Federal:
           Shoreline                          $7,560,000
           Protection                         Initial Total: $21,600,000
           Project, Cape May                 Renourishment Federal:
           County                             $41,215,000
                                              Renourishment Non-Federal:
                                              $41,215,000
                                             Renourishment Total:
                                              $82,430,000
------------------------------------------------------------------------
5. LA     West Shore Lake     June 12, 2015  Federal: $466,760,000
           Pontchartrain                      Non-Federal: $251,330,000
                                              Total: $718,090,000
------------------------------------------------------------------------
6. CA     Encinitas-Solana    March 29,      Initial Federal:
           Beach Coastal       2016           $20,166,000
           Storm Damage                       Initial Non-Federal:
           Reduction                          $10,858,000
                                              Initial Total: $31,024,000
                                             Renourishment Federal:
                                              $68,215,000
                                              Renourishment Non-Federal:
                                              $68,215,000
                                             Renourishment Total:
                                              $136,430,000
------------------------------------------------------------------------

       (4) Flood risk management and environmental restoration.--

[[Page S5339]]



 
------------------------------------------------------------------------
                                C. Date of
                                Report of
A. State        B. Name          Chief of         D. Estimated Costs
                                Engineers
------------------------------------------------------------------------
1. IL,    Upper Des Plaines   June 8, 2015   Federal: $199,393,000
 WI        River and                         Non-Federal: $107,694,000
           Tributaries                       Total: $307,087,000
------------------------------------------------------------------------
2. CA     South San           December 18,   Federal: $69,521,000
           Francisco Bay       2015          Non-Federal: $104,379,000
           Shoreline                         Total: $173,900,000
------------------------------------------------------------------------

       (5) Environmental restoration.--

 
------------------------------------------------------------------------
                                C. Date of
                                Report of
A. State        B. Name          Chief of         D. Estimated Costs
                                Engineers
------------------------------------------------------------------------
1. FL     Central Everglades  December 23,   Federal: $976,375,000
           Planning Project,   2014          Non-Federal: $974,625,000
           Comprehensive                     Total: $1,951,000,000
           Everglades
           Restoration Plan,
           Central and
           Southern Florida
           Project
------------------------------------------------------------------------
2. OR     Lower Willamette    December 14,   Federal: $19,143,000
           River               2015          Non-Federal: $10,631,000
           Environmental                     Total: $29,774,000
           Dredging
------------------------------------------------------------------------
3. WA     Skokomish River     December 14,   Federal: $12,782,000
                               2015          Non-Federal: $6,882,000
                                             Total: $19,664,000
------------------------------------------------------------------------
4. CA     LA River Ecosystem  December 18,   Federal: $375,773,000
           Restoration         2015          Non-Federal: $980,835,000
                                             Total: $1,356,608,000
------------------------------------------------------------------------

     SEC. 6002. AUTHORIZATION OF PROJECT MODIFICATIONS RECOMMENDED 
                   BY THE SECRETARY.

       The following project modifications for water resources 
     development and conservation and other purposes are 
     authorized to be carried out by the Secretary substantially 
     in accordance with the recommendations of the Director of 
     Civil Works, as specified in the reports referred to in this 
     section:

 
------------------------------------------------------------------------
                               C. Date of
   A.         B. Name          Director's      D. Updated Authorization
 State                           Report              Project Costs
------------------------------------------------------------------------
1. KS,   Turkey Creek       November 4, 2015  Estimated Federal:
 MO       Basin                                $96,880,750
                                              Estimated Non-Federal:
                                               $52,954,250
                                              Total: $149,835,000
------------------------------------------------------------------------
2. MO    Blue River Basin   November 6, 2015  Estimated Federal:
                                               $34,537,000
                                              Estimated Non-Federal:
                                               $11,512,000
                                              Total: $46,049,000
------------------------------------------------------------------------
3. FL    Picayune Strand    March 9, 2016     Estimated Federal:
                                               $311,269,000
                                              Estimated Non-Federal:
                                               $311,269,000
                                              Total: $622,538,000
------------------------------------------------------------------------
4. KY    Ohio River         March 11, 2016    Estimated Federal:
          Shoreline                            $20,309,900
                                              Estimated Non-Federal:
                                               $10,936,100
                                              Total: $31,246,000
------------------------------------------------------------------------

     SEC. 6003. AUTHORIZATION OF STUDY AND MODIFICATION PROPOSALS 
                   SUBMITTED TO CONGRESS BY THE SECRETARY.

       (a) Arctic Deep Draft Port Development Partnerships.--
     Section 2105 of the Water Resources Reform and Development 
     Act of 2014 (33 U.S.C. 2243) is amended--
       (1) by striking ``(25 U.S.C. 450b))'' each place it appears 
     and inserting ``(25 U.S.C. 250b)) and a Native village, 
     Regional Corporation, or Village Corporation (as those terms 
     are defined in section 3 of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1602)''; and
       (2) by adding at the end the following:
       ``(e) Consideration of National Security Interests.--In 
     carrying out a study of the feasibility of an Arctic deep 
     draft port, the Secretary--
       ``(1) shall consult with the Secretary of Homeland Security 
     and the Secretary of Defense to identify national security 
     benefits associated with an Arctic deep draft port; and
       ``(2) if appropriate, as determined by the Secretary, may 
     determine a port described in paragraph (1) is feasible based 
     on the benefits described in that paragraph.''.
       (b) Ouachita-Black Rivers, Arkansas and Louisiana.--The 
     Secretary shall conduct a study to determine the feasibility 
     of modifying the project for navigation, Ouachita-Black 
     Rivers, authorized by section 101 of the River and Harbor Act 
     of 1960 (Public Law 86-645; 74 Stat. 481) to include bank 
     stabilization and water supply as project purposes.
       (c) Cache Creek Basin, California.--
       (1) In general.--The Secretary shall prepare a general 
     reevaluation report on the project for flood control, Cache 
     Creek Basin, California, authorized by section 401(a) of the

[[Page S5340]]

     Water Resources Development Act of 1986 (Public Law 99-662; 
     100 Stat. 4112).
       (2) Requirements.--In preparing the report under paragraph 
     (1), the Secretary shall identify specific needed 
     modifications to existing project authorities--
       (A) to increase basin capacity;
       (B) to decrease the long-term maintenance; and
       (C) to provide opportunities for ecosystem benefits for the 
     Sacramento River flood control project.
       (d) Coyote Valley Dam, California.--The Secretary shall 
     conduct a study to determine the feasibility of carrying out 
     a project for flood damage reduction, environmental 
     restoration, and water supply by modifying the Coyote Valley 
     Dam, California.
       (e) Del Rosa Drainage Area, California.--The Secretary 
     shall conduct a study to determine the feasibility of 
     carrying out projects for flood control and ecosystem 
     restoration in the cities of San Bernardino and Highland, San 
     Bernardino County, California.
       (f) Merced County, California.--The Secretary shall prepare 
     a general reevaluation report on the project for flood 
     control, Merced County streams project, California, 
     authorized by section 10 of the Act of December 22, 1944 (58 
     Stat. 900; chapter 665), to investigate the flood risk 
     management opportunities and improve levee performance along 
     Black Rascal Creek and Bear Creek.
       (g) Mission-Zanja Drainage Area, California.--The Secretary 
     shall conduct a study to determine the feasibility of 
     carrying out projects for flood control and ecosystem 
     restoration in the cities of Redlands, Loma Linda, and San 
     Bernardino, California, and unincorporated counties of San 
     Bernardino County, California.
       (h) Santa Ana River Basin, California.--The Secretary shall 
     conduct a study to determine the feasibility of modifying the 
     project for flood damage reduction by modifying the San 
     Jacinto and Bautista Creek Improvement Project, part of the 
     Santa Ana River Basin Project in Riverside County, 
     California.
       (i) Delaware Bay Coastline, Delaware and New Jersey-
     Roosevelt Inlet-Lewes Beach, Delaware.--The Secretary shall 
     conduct a study to determine the feasibility of modifying the 
     project for shoreline protection and ecosystem restoration, 
     Delaware Bay Coastline, Delaware and New Jersey-Roosevelt 
     Inlet-Lewes Beach, Delaware, authorized by section 101(a)(13) 
     of the Water Resources Development Act of 1999 (Public Law 
     106-53; 113 Stat. 276), to extend the authorized project 
     limit from the current eastward terminus to a distance of 
     8,000 feet east of the Roosevelt Inlet east jetty.
       (j) Mispillion Inlet, Conch Bar, Delaware.--The Secretary 
     shall conduct a study to determine the feasibility of 
     carrying out a project for navigation and shoreline 
     protection at Mispillion Inlet and Conch Bar, Sussex County, 
     Delaware.
       (k) Daytona Beach Flood Protection, Florida.--The Secretary 
     shall conduct a study to determine the feasibility of 
     carrying out projects for flood control in the city of 
     Daytona Beach, Florida.
       (l) Brunswick Harbor, Georgia.--The Secretary shall conduct 
     a study to determine the feasibility of modifying the project 
     for navigation, Brunswick Harbor, Georgia, authorized by 
     section 101(a)(19) of the Water Resources and Development Act 
     of 1999 (Public Law 106-53; 113 Stat. 277)--
       (1) to widen the existing bend in the Federal navigation 
     channel at the intersection of Cedar Hammock and Brunswick 
     Point Cut Ranges; and
       (2) to extend the northwest side of the existing South 
     Brunswick River Turning Basin.
       (m) Savannah River Below Augusta, Georgia.--The Secretary 
     shall conduct a study to determine the feasibility of 
     modifying the project for navigation, Savannah River below 
     Augusta, Georgia, authorized by the first section of the Act 
     of July 3, 1930 (46 Stat. 924, chapter 847), to include 
     aquatic ecosystem restoration, water supply, recreation, 
     sediment management, and flood control as project purposes.
       (n) Dubuque, Iowa.--The Secretary shall conduct a study to 
     determine the feasibility of modifying the project for flood 
     protection, Dubuque, Iowa, authorized by section 208 of the 
     Flood Control Act of 1965 (Public Law 89-298; 79 Stat. 1086), 
     to increase the level of flood protection and reduce flood 
     damages.
       (o) Mississippi River Ship Channel, Gulf to Baton Rouge, 
     Louisiana.--The Secretary shall conduct a study to determine 
     the feasibility of modifying the project for navigation, 
     Mississippi River Ship Channel, Gulf to Baton Rouge, 
     Louisiana, authorized by section 201(a) of the Harbor 
     Development and Navigation Improvement Act of 1986 (Public 
     Law 99-662; 100 Stat. 4090), to deepen the channel approaches 
     and the associated area on the left descending bank of the 
     Mississippi River between mile 98.3 and mile 100.6 Above Head 
     of Passes (AHP) to a depth equal to the Channel.
       (p) St. Tammany Parish Government Comprehensive Coastal 
     Master Plan, Louisiana.--The Secretary shall conduct a study 
     to determine the feasibility of carrying out projects 
     described in the St. Tammany Parish Comprehensive Coastal 
     Master Plan for flood control, shoreline protection, and 
     ecosystem restoration in St. Tammany Parish, Louisiana.
       (q) Cayuga Inlet, Ithaca, New York.--The Secretary shall 
     conduct a study to determine the feasibility of modifying the 
     project for flood protection, Great Lakes Basin, authorized 
     by section 203 of the Flood Control Act of 1960 (Public Law 
     86-645; 74 Stat. 488) to include sediment management as a 
     project purpose on the Cayuga Inlet, Ithaca, New York.
       (r) Chautauqua County, New York.--
       (1) In general.--The Secretary shall conduct a study to 
     determine the feasibility of carrying out projects for flood 
     risk management, navigation, environmental dredging, and 
     ecosystem restoration on the Cattaraugus, Silver Creek, and 
     Chautauqua Lake tributaries in Chautauqua County, New York.
       (2) Evaluation of potential solutions.--In conducting the 
     study under paragraph (1), the Secretary shall evaluate 
     potential solutions to flooding from all sources, including 
     flooding that results from ice jams.
       (s) Cincinnati, Ohio.--
       (1) In general.--The Secretary shall review the ecosystem 
     restoration and flood risk reduction components of the 
     Central Riverfront Park Master Plan, dated December 1999, for 
     the purpose of determining whether or not the study, and the 
     process under which the study was developed, each comply with 
     Federal law (including regulations) applicable to feasibility 
     studies for water resources development projects.
       (2) Recommendation.--Not later than 180 days after 
     reviewing the Master Plan under paragraph (1), the Secretary 
     shall submit to Congress--
       (A) the results of the review of the Master Plan, including 
     a determination of whether any project identified in the plan 
     is feasible;
       (B) any recommendations of the Secretary related to any 
     modifications to section 5116 of the Water Resources 
     Development Act of 2007 (Public Law 110-114; 121 Stat. 1238) 
     necessary to carry out any projects determined to be 
     feasible.
       (t) Tulsa and West Tulsa, Arkansas River, Oklahoma.--
       (1) In general.--The Secretary shall conduct a study to 
     determine the feasibility of modifying the projects for flood 
     risk management, Tulsa and West Tulsa, Oklahoma, authorized 
     by section 3 of the Act of August 18, 1941 (55 Stat. 645; 
     chapter 377).
       (2) Requirements.--
       (A) In general.--In carrying out the study under paragraph 
     (1), the Secretary shall address project deficiencies, 
     uncertainties, and significant data gaps, including material, 
     construction, and subsurface, which render the project at 
     risk of overtopping, breaching, or system failure.
       (B) Addressing deficiencies.--In addressing deficiencies 
     under subparagraph (A), the Secretary shall incorporate 
     current design standards and efficiency improvements, 
     including the replacement of mechanical and electrical 
     components at pumping stations, if the incorporation does not 
     significantly change the scope, function, or purpose of the 
     project.
       (3) Prioritization to address significant risks.--In any 
     case in which a levee or levee system (as defined in section 
     9002 of the Water Resources Reform and Development Act of 
     2007 (33 U.S.C. 3301)) is classified as a Class I or II under 
     the levee safety action classification tool developed by the 
     Corps of Engineers, the Secretary shall expedite the project 
     for budget consideration.
       (u) Johnstown, Pennsylvania.--The Secretary shall conduct a 
     study to determine the feasibility of modifying the project 
     for flood control, Johnstown, Pennsylvania, authorized by the 
     Act of June 22, 1936 (49 Stat. 1570, chapter 688; 50 Stat. 
     880) (commonly known as the ``Flood Control Act of 1936''), 
     to include aquatic ecosystem restoration, recreation, 
     sediment management, and increase the level of flood control.
       (v) Chacon Creek, Texas.--Notwithstanding any other 
     provision of law (including any resolution of a Committee of 
     Congress), the study conducted by the Secretary described in 
     the resolution adopted by the Committee on Transportation and 
     Infrastructure of the House of Representatives on May 21, 
     2003, relating to flood damage reduction, environmental 
     restoration and protection, water conservation and supply, 
     water quality, and related purposes in the Rio Grande 
     Watershed below Falcon Dam, shall include the area above 
     Falcon Dam.
       (w) Corpus Christi Ship Channel, Texas.--The Secretary 
     shall conduct a study to determine the feasibility of 
     modifying the project for navigation and ecosystem 
     restoration, Corpus Christi Ship Channel, Texas, authorized 
     by section 1001(40) of the Water Resources Development Act of 
     2007 (Public Law 110-114; 121 Stat. 1056), to develop and 
     evaluate alternatives that address navigation problems 
     directly affecting the Corpus Christi Ship Channel, La Quinta 
     Channel, and La Quinta Channel Extension, including deepening 
     the La Quinta Channel, 2 turning basins, and the wye at La 
     Quinta Junction.
       (x) Trinity River and Tributaries, Texas.--
       (1) Review.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall review the 
     economic analysis of the Center for Economic Development and 
     Research of the University of North Texas entitled 
     ``Estimated Economic Benefits of the Modified Central City 
     Project (Trinity River Vision) in Fort Worth, Texas'' and 
     dated November 2014.
       (2) Authorization.--The project for flood control and other 
     purposes on the Trinity River and tributaries, Texas, 
     authorized by the River and Harbor Act of 1965 (Public Law 
     89-298; 79 Stat. 1091), as modified by section 116 the Energy 
     and Water Development Appropriations Act, 2005 (Public Law 
     108-447;

[[Page S5341]]

     118 Stat. 2944), is further modified to authorize the 
     Secretary to carry out projects described in the recommended 
     plan of the economic analysis described in paragraph (1), if 
     the Secretary determines, based on the review referred to in 
     paragraph (1), that--
       (A) the economic analysis and the process by which the 
     economic analysis was developed complies with Federal law 
     (including regulations) applicable to economic analyses for 
     water resources development projects; and
       (B) based on the economic analysis, the recommended plan in 
     the supplement to the final environmental impact statement 
     for the Central City Project, Upper Trinity River entitled 
     ``Final Supplemental No. 1'' is economically justified.
       (3) Limitation.--The Federal share of the cost of the 
     recommended plan described in paragraph (2) shall not exceed 
     $520,000,000, of which not more than $5,500,000 may be 
     expended to carry out recreation features of the project.
       (y) Chincoteague Island, Virginia.--The Secretary shall 
     conduct a study to determine the feasibility of carrying out 
     projects for ecosystem restoration and flood control, 
     Chincoteague Island, Virginia, authorized by section 8 of 
     Public Law 89-195 (16 U.S.C. 459f-7) (commonly known as the 
     ``Assateague Island National Seashore Act'') for--
       (1) assessing the current and future function of the 
     barrier island, inlet, and coastal bay system surrounding 
     Chincoteague Island;
       (2) developing an array of options for resource management; 
     and
       (3) evaluating the feasibility and cost associated with 
     sustainable protection and restoration areas.
       (z) Burley Creek Watershed, Washington.--The Secretary 
     shall conduct a study to determine the feasibility of 
     carrying out projects for flood control and aquatic ecosystem 
     restoration in the Burley Creek Watershed, Washington.

     TITLE VII--SAFE DRINKING WATER AND CLEAN WATER INFRASTRUCTURE

     SEC. 7001. DEFINITION OF ADMINISTRATOR.

       In this title, the term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.

     SEC. 7002. SENSE OF THE SENATE ON APPROPRIATIONS LEVELS AND 
                   FINDINGS ON ECONOMIC IMPACTS.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that Congress should provide robust funding for the State 
     drinking water treatment revolving loan funds established 
     under section 1452 of the Safe Drinking Water Act (42 U.S.C. 
     300j-12) and the State water pollution control revolving 
     funds established under title VI of the Federal Water 
     Pollution Control Act (33 U.S.C. 1381 et seq.).
       (b) Findings.--Congress finds, based on an analysis 
     sponsored by the Water Environment Federation and the 
     WateReuse Association of the nationwide impact of State 
     revolving loan fund spending using the IMPLAN economic model 
     developed by the Federal Government, that, in addition to the 
     public health and environmental benefits, the Federal 
     investment in safe drinking water and clean water provides 
     the following benefits:
       (1) Generation of significant Federal tax revenue, as 
     evidenced by the following:
       (A) Every dollar of a Federal capitalization grant returns 
     $0.21 to the general fund of the Treasury in the form of 
     Federal taxes and, when additional spending from the State 
     revolving loan funds is considered to be the result of 
     leveraging the Federal investment, every dollar of a Federal 
     capitalization grant returns $0.93 in Federal tax revenue.
       (B) A combined $34,700,000,000 in capitalization grants for 
     the clean water and state drinking water state revolving loan 
     funds described in subsection (a) over a period of 5 years 
     would generate $7,430,000,000 in Federal tax revenue and, 
     when additional spending from the State revolving loan funds 
     is considered to be the result of leveraging the Federal 
     investment, the Federal investment will result in 
     $32,300,000,000 in Federal tax revenue during that 5-year 
     period.
       (2) An increase in employment, as evidenced by the 
     following:
       (A) Every $1,000,000 in State revolving loan fund spending 
     generates 16 \1/2\ jobs.
       (B) $34,700,000,000 in Federal capitalization grants for 
     State revolving loan funds over a period of 5 years would 
     result in 506,000 jobs.
       (3) An increase in economic output:
       (A) Every $1,000,000 in State revolving loan fund spending 
     results in $2,950,000 in output for the economy of the United 
     States.
       (B) $34,700,000,000 in Federal capitalization grants for 
     State revolving loan funds over a period of 5 years will 
     generate $102,700,000,000 in total economic output.

                       Subtitle A--Drinking Water

     SEC. 7101. PRECONSTRUCTION WORK.

       Section 1452(a)(2) of the Safe Drinking Water Act (42 
     U.S.C. 300j-12(a)(2)) is amended--
       (1) by designating the first, second, third, fourth, and 
     fifth sentences as subparagraphs (A), (B), (D), (E), and (F), 
     respectively;
       (2) in subparagraph (B) (as designated by paragraph (1))--
       (A) by striking ``(not'' and inserting ``(including 
     expenditures for planning, design, and associated 
     preconstruction activities, including activities relating to 
     the siting of the facility, but not''; and
       (B) by inserting before the period at the end the 
     following: ``or to replace or rehabilitate aging treatment, 
     storage, or distribution facilities of public water systems 
     or provide for capital projects (excluding any expenditure 
     for operations and maintenance) to upgrade the security of 
     public water systems''; and
       (3) by inserting after subparagraph (B) (as designated by 
     paragraph (1)) the following:
       ``(C) Sale of bonds.--Funds may also be used by a public 
     water system as a source of revenue (restricted solely to 
     interest earnings of the applicable State loan fund) or 
     security for payment of the principal and interest on revenue 
     or general obligation bonds issued by the State to provide 
     matching funds under subsection (e), if the proceeds of the 
     sale of the bonds will be deposited in the State loan 
     fund.''.

     SEC. 7102. PRIORITY SYSTEM REQUIREMENTS.

       Section 1452(b)(3) of the Safe Drinking Water Act (42 
     U.S.C. 300j-12(b)(3)) is amended--
       (1) by redesignating subparagraph (B) as subparagraph (D);
       (2) by striking subparagraph (A) and inserting the 
     following:
       ``(A) Definition of restructuring.--In this paragraph, the 
     term `restructuring' means changes in operations (including 
     ownership, cooperative partnerships, asset management, 
     consolidation, and alternative water supply).
       ``(B) Priority system.--An intended use plan shall provide, 
     to the maximum extent practicable, that priority for the use 
     of funds be given to projects that--
       ``(i) address the most serious risk to human health;
       ``(ii) are necessary to ensure compliance with this title 
     (including requirements for filtration);
       ``(iii) assist systems most in need on a per-household 
     basis according to State affordability criteria; and
       ``(iv) improve the sustainability of systems.
       ``(C) Weight given to applications.--After determining 
     project priorities under subparagraph (B), an intended use 
     plan shall provide that the State shall give greater weight 
     to an application for assistance by a community water system 
     if the application includes such information as the State 
     determines to be necessary and contains--
       ``(i) a description of utility management best practices 
     undertaken by a treatment works applying for assistance, 
     including--

       ``(I) an inventory of assets, including a description of 
     the condition of the assets;
       ``(II) a schedule for replacement of assets;
       ``(III) a financing plan that factors in all lifecycle 
     costs indicating sources of revenue from ratepayers, grants, 
     bonds, other loans, and other sources to meet the costs; and
       ``(IV) a review of options for restructuring the public 
     water system;

       ``(ii) demonstration of consistency with State, regional, 
     and municipal watershed plans;
       ``(iii) a water conservation plan consistent with 
     guidelines developed for those plans by the Administrator 
     under section 1455(a); and
       ``(iv) approaches to improve the sustainability of the 
     system, including--

       ``(I) water efficiency or conservation, including the 
     rehabilitation or replacement of existing leaking pipes;
       ``(II) use of reclaimed water;
       ``(III) actions to increase energy efficiency; and
       ``(IV) implementation of source water protection plans.''; 
     and

       (3) in subparagraph (D) (as redesignated by paragraph (1)), 
     by striking ``periodically'' and inserting ``at least 
     biennially''.

     SEC. 7103. ADMINISTRATION OF STATE LOAN FUNDS.

       Section 1452(g)(2) of the Safe Drinking Water Act (42 
     U.S.C. 300j-12(g)(2)) is amended--
       (1) in the first sentence, by striking ``up to 4 percent of 
     the funds allotted to the State under this section'' and 
     inserting ``, for each fiscal year, an amount that does not 
     exceed the sum of the amount of any fees collected by the 
     State for use in covering reasonable costs of administration 
     of programs under this section, regardless of the source, and 
     an amount equal to the greatest of $400,000, \1/5\ percent of 
     the current valuation of the fund, or 4 percent of all grant 
     awards to the fund under this section for the fiscal year,''; 
     and
       (2) by striking ``1419,'' and all that follows through 
     ``1993.'' and inserting ``1419.''.

     SEC. 7104. OTHER AUTHORIZED ACTIVITIES.

       Section 1452(k)(2)(D) of the Safe Drinking Water Act (42 
     U.S.C. 300j-12(k)(2)(D)) is amended by inserting before the 
     period at the end the following: ``(including implementation 
     of source water protection plans)''.

     SEC. 7105. NEGOTIATION OF CONTRACTS.

       Section 1452 of the Safe Drinking Water Act (42 U.S.C. 
     300j-12) is amended by adding at the end the following:
       ``(s) Negotiation of Contracts.--For communities with 
     populations of more than 10,000 individuals, a contract to be 
     carried out using funds directly made available by a 
     capitalization grant under this section for program 
     management, construction management, feasibility studies, 
     preliminary engineering, design, engineering, surveying, 
     mapping, or architectural or related services shall be 
     negotiated in the same manner as--
       ``(1) a contract for architectural and engineering services 
     is negotiated under chapter 11 of title 40, United States 
     Code; or
       ``(2) an equivalent State qualifications-based requirement 
     (as determined by the Governor of the State).''.

[[Page S5342]]

  


     SEC. 7106. ASSISTANCE FOR SMALL AND DISADVANTAGED 
                   COMMUNITIES.

       (a) In General.--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. 1459A. ASSISTANCE FOR SMALL AND DISADVANTAGED 
                   COMMUNITIES.

       ``(a) Definition of Underserved Community.--In this 
     section:
       ``(1) In general.--The term `underserved community' means a 
     local political subdivision that, as determined by the 
     Administrator, has an inadequate drinking water or wastewater 
     system.
       ``(2) Inclusions.--The term `underserved community' 
     includes a local political subdivision that, as determined by 
     the Administrator--
       ``(A) does not have household drinking water or wastewater 
     services; and
       ``(B) has a drinking water system that fails to meet 
     health-based standards under this Act, including--
       ``(i) a maximum contaminant level for a primary drinking 
     water contaminant;
       ``(ii) a treatment technique violation; and
       ``(iii) an action level exceedance.
       ``(b) Establishment.--
       ``(1) In general.--The Administrator shall establish a 
     program under which grants are provided to eligible entities 
     for use in carrying out projects and activities the primary 
     purposes of which are to assist community water systems in 
     meeting the requirements of this Act.
       ``(2) Inclusions.--Projects and activities under paragraph 
     (1) include--
       ``(A) infrastructure investments necessary to comply with 
     the requirements of this Act,
       ``(B) assistance that directly and primarily benefits the 
     disadvantaged community on a per-household basis, and
       ``(C) programs to provide water quality testing.
       ``(c) Eligible Entities.--An entity eligible to receive a 
     grant under this section--
       ``(1) is--
       ``(A) a community water system as defined in section 1401; 
     or
       ``(B) a system that is located in an area governed by an 
     Indian Tribe (as defined in section 1401); and
       ``(2) serves a community that, under affordability criteria 
     established by the State under section 1452(d)(3), is 
     determined by the State--
       ``(A) to be a disadvantaged community;
       ``(B) to be a community that may become a disadvantaged 
     community as a result of carrying out an eligible activity; 
     or
       ``(C) to serve a community with a population of less than 
     10,000 individuals that the Administrator determines does not 
     have the capacity to incur debt sufficient to finance the 
     project under subsection (b).
       ``(d) Priority.--In prioritizing projects for 
     implementation under this section, the Administrator shall 
     give priority to systems that serve underserved communities.
       ``(e) Local Participation.--In prioritizing projects for 
     implementation under this section, the Administrator shall 
     consult with, and consider the priorities of, affected 
     States, Indian Tribes, and local governments.
       ``(f) Cost Sharing.--Before carrying out any project under 
     this section, the Administrator shall enter into a binding 
     agreement with 1 or more non-Federal interests that shall 
     require the non-Federal interests--
       ``(1) to pay not less than 45 percent of the total costs of 
     the project, which may include services, materials, supplies, 
     or other in-kind contributions;
       ``(2) to provide any land, easements, rights-of-way, and 
     relocations necessary to carry out the project; and
       ``(3) to pay 100 percent of any operation, maintenance, 
     repair, replacement, and rehabilitation costs associated with 
     the project.
       ``(g) Waiver.--The Administrator may waive the requirement 
     to pay the non-Federal share of the cost of carrying out an 
     eligible activity using funds from a grant provided under 
     this section if the Administrator determines that an eligible 
     entity is unable to pay, or would experience significant 
     financial hardship if required to pay, the non-Federal share.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $230,000,000 for fiscal year 2017; and
       ``(2) $300,000,000 for each of fiscal years 2018 through 
     2021.''.
       (b) Funding.--Out of any funds in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     transfer to the Administrator to provide grants to eligible 
     entities under section 1459A of the Safe Drinking Water Act 
     (as added by subsection (a)), $20,000,000, to remain 
     available until expended.

     SEC. 7107. REDUCING LEAD IN DRINKING WATER.

       (a) In General.--Part E of the Safe Drinking Water Act (42 
     U.S.C. 300j et seq.) (as amended by section 7106) is amended 
     by adding at the end the following:

     ``SEC. 1459B. REDUCING LEAD IN DRINKING WATER.

       ``(a) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' means--
       ``(A) a community water system;
       ``(B) a system located in an area governed by an Indian 
     Tribe;
       ``(C) a nontransient noncommunity water system;
       ``(D) a qualified nonprofit organization, as determined by 
     the Administrator; and
       ``(E) a municipality or State, interstate, or 
     intermunicipal agency.
       ``(2) Lead reduction project.--
       ``(A) In general.--The term `lead reduction project' means 
     a project or activity the primary purpose of which is to 
     reduce the level of lead in water for human consumption by--
       ``(i) replacement of publicly owned lead service lines;
       ``(ii) testing, planning, or other relevant activities, as 
     determined by the Administrator, to identify and address 
     conditions (including corrosion control) that contribute to 
     increased lead levels in water for human consumption;
       ``(iii) assistance to low-income homeowners to replace 
     privately owned service lines, pipes, fittings, or fixtures 
     that contain lead; and
       ``(iv) education of consumers regarding measures to reduce 
     exposure to lead from drinking water or other sources.
       ``(B) Limitation.--The term `lead reduction project' does 
     not include a partial lead service line replacement if, at 
     the conclusion of the service line replacement, drinking 
     water is delivered to a household through a publicly or 
     privately owned portion of a lead service line.
       ``(3) Low-income.--The term `low-income', with respect to 
     an individual provided assistance under this section, has 
     such meaning as may be given the term by the head of the 
     municipality or State, interstate, or intermunicipal agency 
     with jurisdiction over the area to which assistance is 
     provided.
       ``(4) Municipality.--The term `municipality' means--
       ``(A) a city, town, borough, county, parish, district, 
     association, or other public entity established by, or 
     pursuant to, applicable State law; and
       ``(B) an Indian tribe (as defined in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b)).
       ``(b) Grant Program.--
       ``(1) Establishment.--The Administrator shall establish a 
     grant program to provide assistance to eligible entities for 
     lead reduction projects in the United States.
       ``(2) Precondition.--As a condition of receipt of 
     assistance under this section, before receiving the 
     assistance the eligible entity shall take steps to identify--
       ``(A) the source of lead in water for human consumption; 
     and
       ``(B) the means by which the proposed lead reduction 
     project would reduce lead levels in the applicable water 
     system.
       ``(3) Priority application.--In providing grants under this 
     subsection, the Administrator shall give priority to an 
     eligible entity that--
       [``(A) demonstrates that the eligible entity is unable to 
     fund the proposed lead reduction project through other 
     sources of funding; and]
       ``(A) the Administrator determines, based on affordability 
     criteria established by the State under section 1452(d)(3), 
     to be a disadvantaged community; and
       ``(B) proposes to--
       ``(i) carry out a lead reduction project at a public water 
     system or nontransient noncommunity water system that has 
     exceeded the lead action level established by the 
     Administrator at any time during the 3-year period preceding 
     the date of submission of the application of the eligible 
     entity;
       ``(ii) address lead levels in water for human consumption 
     at a school, daycare, or other facility that primarily serves 
     children or another vulnerable human subpopulation; or
       ``(iii) address such priority criteria as the Administrator 
     may establish, consistent with the goal of reducing lead 
     levels of concern.
       ``(4) Cost sharing.--
       ``(A) In general.--Subject to subparagraph (B), the non-
     Federal share of the total cost of a project funded by a 
     grant under this subsection shall be not less than 20 
     percent.
       ``(B) Waiver.--The Administrator may reduce or eliminate 
     the non-Federal share under subparagraph (A) for reasons of 
     affordability, as the Administrator determines to be 
     appropriate.
       ``(5) Low-income assistance.--
       ``(A) In general.--Subject to subparagraph (B), an eligible 
     entity may use a grant provided under this subsection to 
     provide assistance to low-income homeowners to carry out lead 
     reduction projects.
       ``(B) Limitation.--The amount of a grant provided to a low-
     income homeowner under this paragraph shall not exceed the 
     cost of replacement of the privately owned portion of the 
     service line.
       ``(6) Special consideration for lead service line 
     replacement.--In carrying out lead service line replacement 
     using a grant under this subsection, an eligible entity 
     shall--
       ``(A) notify customers of the replacement of any publicly 
     owned portion of the lead service line;
       ``(B) in the case of a homeowner who is not low-income, 
     offer to replace the privately owned portion of the lead 
     service line at the cost of replacement;
       ``(C) in the case of a low-income homeowner, offer to 
     replace the privately owned portion of the lead service line 
     and any pipes, fitting, and fixtures that contain lead at a 
     cost that is equal to the difference between--
       ``(i) the cost of replacement; and
       ``(ii) the amount of low-income assistance available to the 
     homeowner under paragraph (5);

[[Page S5343]]

       ``(D) notify each customer that a planned replacement of 
     any publicly owned portion of a lead service line that is 
     funded by a grant made under this subsection will not be 
     carried out unless the customer agrees to the simultaneous 
     replacement of the privately owned portion of the lead 
     service line; and
       ``(E) demonstrate that the eligible entity has considered 
     multiple options for reducing lead in drinking water, 
     including an evaluation of options for corrosion control.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $60,000,000 for 
     each of fiscal years 2017 through 2021.''.
       (b) Funding.--Out of any funds in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     transfer to the Administrator to provide grants to eligible 
     entities under this section under section 1459B of the Safe 
     Drinking Water Act (as added by subsection (a)), $20,000,000, 
     to remain available until expended.

     SEC. 7108. REGIONAL LIAISONS FOR MINORITY, TRIBAL, AND LOW-
                   INCOME COMMUNITIES.

       (a) In General.--The Administrator shall appoint not fewer 
     than 1 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 selected under subsection (a) 
     on the 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. 7109. NOTICE TO PERSONS SERVED.

       (a) Exceedance of Lead Action Level.--Section 1414(c) of 
     the Safe Drinking Water Act (42 U.S.C. 300g-3(c)) is 
     amended--
       (1) in paragraph (1), by adding at the end the following:
       ``(D) Notice of any exceedance of a lead action level or 
     any other prescribed level of lead in a regulation issued 
     under section 1412, including the concentrations of lead 
     found in a monitoring activity.'';
       (2) in paragraph (2)--
       (A) in subparagraph (C)--
       (i) in clause (iii)--

       (I) by striking ``Administrator or'' and inserting 
     ``Administrator, the Director of the Centers for Disease 
     Control and Prevention, and, if applicable,''; and
       (II) by inserting ``and the appropriate State and county 
     health agencies'' after ``1413'';

       (B) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (E) and (F), respectively; and
       (C) by inserting after subparagraph (C) the following:
       ``(D) Exceedance of lead action level.--Regulations issued 
     under subparagraph (A) shall specify notification procedures 
     for an exceedance of a lead action level or any other 
     prescribed level of lead in a regulation issued under section 
     1412.'';
       (3) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (4) by inserting after paragraph (2) the following:
       ``(3) Notification of the public relating to lead.--
       ``(A) Exceedance of lead action level.--Not later than 15 
     days after the date of an exceedance of a lead action level 
     or any other prescribed level of lead in a regulation issued 
     under section 1412, the Administrator shall notify the public 
     of the concentrations of lead found in the monitoring 
     activity conducted by the public water system if the public 
     water system or the State does not notify the public of the 
     concentrations of lead found in a monitoring activity.
       ``(B) Results of lead monitoring.--
       ``(i) In general.--The Administrator may provide notice of 
     any result of lead monitoring conducted by a public water 
     system to--

       ``(I) any person that is served by the public water system; 
     or
       ``(II) the local or State health department of a locality 
     or State in which the public water system is located.

       ``(ii) Form of notice.--The Administrator may provide the 
     notice described in clause (i) by--

       ``(I) press release; or
       ``(II) other form of communication, including local media.

       ``(C) Privacy.--Notice to the public shall protect the 
     privacy of individual customer information.''.
       (b) Conforming Amendments.--Section 1414(c) of the Safe 
     Drinking Water Act (42 U.S.C. 300g-3(c)) is amended--
       (1) in paragraph (1)(C), by striking ``paragraph (2)(E)'' 
     and inserting ``paragraph (2)(F)'';
       (2) in paragraph (2)(B)(i)(II), by striking ``subparagraph 
     (D)'' and inserting ``subparagraph (E)''; and
       (3) in paragraph (3)(B), in the first sentence, by striking 
     ``(D)'' and inserting ``(E)''.

     SEC. 7110. ELECTRONIC REPORTING OF DRINKING WATER DATA.

       Section 1414 of the Safe Drinking Water Act (42 U.S.C. 
     300g-3) is amended by adding at the end the following:
       ``(j) Electronic Reporting of Compliance Monitoring Data.--
       ``(1) In general.--As a condition on the receipt of funds 
     under this Act, the Administrator shall require electronic 
     submission of available compliance monitoring data, if 
     practicable--
       ``(A) by public water systems--
       ``(i) to the Administrator; or
       ``(ii) with respect to a public water system in a State 
     that has primary enforcement responsibility under section 
     1413, to that State; and
       ``(B) by each State that has primary enforcement 
     responsibility under section 1413 to the Administrator.
       ``(2) Considerations.--In determining whether the condition 
     referred to in paragraph (1) is practicable, the 
     Administrator shall consider--
       ``(A) the ability of a public water system or State to meet 
     the requirements of sections 3.1 through 3.2000 of title 40, 
     Code of Federal Regulations (or successor regulations);
       ``(B) information system compatibility;
       ``(C) the size of the public water system; and
       ``(D) the size of the community served by the public water 
     system.''.

     SEC. 7111. LEAD TESTING IN SCHOOL AND CHILD CARE DRINKING 
                   WATER.

       (a) In General.--Section 1464 of the Safe Drinking Water 
     Act (42 U.S.C. 300j-24) is amended by striking subsection (d) 
     and inserting the following:
       ``(d) Voluntary School and Child Care Lead Testing Grant 
     Program.--
       ``(1) Definitions.--In this subsection:
       ``(A) Child care program.--The term `child care program' 
     has the meaning given the term `early childhood education 
     program' in section 103 of the Higher Education Act of 1965 
     (20 U.S.C. 1003).
       ``(B) Local educational agency.--The term `local 
     educational agency' means--
       ``(i) a local educational agency (as defined in section 
     8101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7801));
       ``(ii) a tribal education agency (as defined in section 3 
     of the National Environmental Education Act (20 U.S.C. 
     5502)); and
       ``(iii) an operator of a child care program facility.
       ``(2) Establishment.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of the Water Resources Development Act of 2016, 
     the Administrator shall establish a voluntary school and 
     child care lead testing grant program to make grants 
     available to States to assist local educational agencies in 
     voluntary testing for lead contamination in drinking water at 
     schools and child care programs under the jurisdiction of the 
     local educational agencies.
       ``(B) Grants to local educational agencies.--The 
     Administrator may make grants directly available to local 
     educational agencies for the voluntary testing described in 
     subparagraph (A) in--
       ``(i) any State that does not participate in the voluntary 
     school and child care lead testing grant program established 
     under that subparagraph; and
       ``(ii) any direct implementation area.
       ``(3) Application.--To be eligible to receive a grant under 
     this subsection, a State or local educational agency shall 
     submit to the Administrator an application at such time, in 
     such manner, and containing such information as the 
     Administrator may require.
       ``(4) Use of funds.--
       ``(A) In general.--A State or local educational agency that 
     receives a grant under this subsection may use grant funds 
     for the voluntary testing described in paragraph (2)(A).
       ``(B) Limitation.--Not more than 4 percent of grant funds 
     accepted under this subsection shall be used to pay the 
     administrative costs of carrying out this subsection.
       ``(5) Guidance; public availability.--As a condition of 
     receiving a grant under this subsection, the State or local 
     educational agency shall ensure that each local educational 
     agency to which grant funds are distributed shall--
       ``(A) expend grant funds in accordance with--
       ``(i) the guidance of the Environmental Protection Agency 
     entitled `3Ts for Reducing Lead in Drinking Water in Schools: 
     Revised Technical Guidance' and dated October 2006 (or any 
     successor guidance); or
       ``(ii) applicable State regulations or guidance regarding 
     reducing lead in drinking water in schools and child care 
     programs that is not less stringent than the guidance 
     referred to in clause (i); and
       ``(B)(i) make available in the administrative offices, and 
     to the maximum extent practicable, on the Internet website, 
     of the local educational agency for inspection by the public 
     (including teachers, other school personnel, and parents) a 
     copy of the results of any voluntary testing for lead 
     contamination in school and child care program drinking water 
     that is carried out with grant funds under this subsection; 
     and
       ``(ii) notify parent, teacher, and employee organizations 
     of the availability of the results described in clause (i).
       ``(6) Maintenance of effort.--If resources are available to 
     a State or local educational agency from any other Federal 
     agency, a State, or a private foundation for testing for lead 
     contamination in drinking water, the State or local 
     educational agency shall demonstrate that the funds provided 
     under this subsection will not displace those resources.
       ``(7) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $20,000,000 
     for each of fiscal years 2017 through 2021.''.

[[Page S5344]]

       (b) Repeal.--Section 1465 of the Safe Drinking Water Act 
     (42 U.S.C. 300j-25) is repealed.

     SEC. 7112. WATERSENSE PROGRAM.

       (a) Establishment of WaterSense Program.--
       (1) In general.--There is established within the 
     Environmental Protection Agency a voluntary WaterSense 
     program to identify and promote water-efficient products, 
     buildings, landscapes, facilities, processes, and services 
     that, through voluntary labeling of, or other forms of 
     communications regarding, products, buildings, landscapes, 
     facilities, processes, and services while meeting strict 
     performance criteria, sensibly--
       (A) reduce water use;
       (B) reduce the strain on public and 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.--The Administrator shall, consistent with 
     this section, identify water-efficient products, buildings, 
     landscapes, facilities, processes, and services, including 
     categories such as--
       (A) irrigation technologies and services;
       (B) point-of-use water treatment devices;
       (C) plumbing products;
       (D) 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, coordinating as appropriate 
     with the Secretary, shall--
       (1) establish--
       (A) a WaterSense label to be used for items meeting the 
     certification criteria established in accordance with this 
     section; and
       (B) the procedure, including the methods and means, and 
     criteria by which an item may be certified to display the 
     WaterSense label;
       (2) enhance public awareness regarding the WaterSense label 
     through outreach, education, and other means;
       (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 labeled with the WaterSense label 
     perform as well or better than less water-efficient 
     counterparts;
       (B) overseeing WaterSense certifications made by third 
     parties;
       (C) as determined appropriate by the Administrator, using 
     testing protocols, from the appropriate, applicable, and 
     relevant consensus standards, for the purpose of determining 
     standards compliance; and
       (D) auditing the use of the WaterSense label in the 
     marketplace and preventing cases of misuse; and
       (4) not more than 6 years after adoption or major revision 
     of any WaterSense specification, review and, if appropriate, 
     revise the specification to achieve additional water savings;
       (5) in revising a WaterSense specification--
       (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 water-efficient 
     product, building, landscape, process, or service category 
     being addressed; and
       (6) not later than December 31, 2018, consider for review 
     and revision any WaterSense specification adopted before 
     January 1, 2012.
       (c) Transparency.--The Administrator shall, to the maximum 
     extent practicable and not less than annually, regularly 
     estimate and make available to the public the production and 
     relative market shares and savings of water, energy, and 
     capital costs of water, wastewater, and stormwater 
     attributable to the use of WaterSense-labeled products, 
     buildings, landscapes, facilities, processes, and services.
       (d) Distinction of Authorities.--In setting or maintaining 
     specifications for Energy Star pursuant to section 324A, and 
     WaterSense under this section, the Secretary and 
     Administrator shall coordinate to prevent duplicative or 
     conflicting requirements among the respective programs.
       (e) No Warranty.--A WaterSense label shall not create an 
     express or implied warranty.

     SEC. 7113. WATER SUPPLY COST SAVINGS.

       (a) Findings.--Congress finds that--
       (1) the United States is facing a drinking water 
     infrastructure funding crisis;
       (2) the Environmental Protection Agency projects a 
     shortfall of approximately $384,000,000,000 in funding for 
     drinking water infrastructure from 2015 to 2035 and this 
     funding challenge is particularly acute in rural communities 
     in the United States;
       (3) there are approximately 52,000 community water systems 
     in the United States, of which nearly 42,000 are small 
     community water systems;
       (4) the Drinking Water Needs Survey conducted by the 
     Environmental Protection Agency in 2011 placed the shortfall 
     in drinking water infrastructure funding for small 
     communities, which consist of 3,300 or fewer persons, at 
     $64,500,000,000;
       (5) small communities often cannot finance the construction 
     and maintenance of drinking water systems because the cost 
     per resident for the investment would be prohibitively 
     expensive;
       (6) drought conditions have placed significant strains on 
     existing surface water supplies;
       (7) many communities across the United States are 
     considering the use of groundwater and community well systems 
     to provide drinking water; and
       (8) approximately 42,000,000 people in the United States 
     receive drinking water from individual wells and millions 
     more rely on community well systems for drinking water.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that providing rural communities with the knowledge and 
     resources necessary to fully use alternative drinking water 
     systems, including wells and community well systems, can 
     provide safe and affordable drinking water to millions of 
     people in the United States.
       (c) Drinking Water Technology Clearinghouse.--The 
     Administrator and the Secretary of Agriculture shall--
       (1) update existing programs of the Environmental 
     Protection Agency and the Department of Agriculture designed 
     to provide drinking water technical assistance to include 
     information on cost-effective, innovative, and alternative 
     drinking water delivery systems, including systems that are 
     supported by wells; and
       (2) disseminate information on the cost effectiveness of 
     alternative drinking water delivery systems, including wells 
     and well systems, to communities and not-for-profit 
     organizations seeking Federal funding for drinking water 
     systems serving 500 or fewer persons.
       (d) Water System Assessment.--Notwithstanding any other 
     provision of law, in any application for a grant or loan from 
     the Federal Government or a State that is using Federal 
     assistance for a drinking water system serving 500 or fewer 
     persons, a unit of local government or not-for-profit 
     organization shall self-certify that the unit of local 
     government or organization has considered, as an alternative 
     drinking water supply, drinking water delivery systems 
     sourced by publicly owned--
       (1) individual wells;
       (2) shared wells; and
       (3) community wells.
       (e) Report to Congress.--Not later than 3 years after the 
     date of enactment of this Act, the Administrator and the 
     Secretary of Agriculture shall submit to Congress a report 
     that describes--
       (1) the use of innovative and alternative drinking water 
     systems described in this section;
       (2) the range of cost savings for communities using 
     innovative and alternative drinking water systems described 
     in this section; and
       (3) the use of drinking water technical assistance programs 
     operated by the Administrator and the Secretary of 
     Agriculture.

                        Subtitle B--Clean Water

     SEC. 7201. SEWER OVERFLOW CONTROL GRANTS.

       Section 221 of the Federal Water Pollution Control Act (33 
     U.S.C. 1301) is amended--
       (1) in subsection (a), by striking the subsection 
     designation and heading and all that follows through 
     ``subject to subsection (g), the Administrator may'' in 
     paragraph (2) and inserting the following:
       ``(a) Authority.--The Administrator may--
       ``(1) make grants to States for the purpose of providing 
     grants to a municipality or municipal entity for planning, 
     designing, and constructing--
       ``(A) treatment works to intercept, transport, control, or 
     treat municipal combined sewer overflows and sanitary sewer 
     overflows; and
       ``(B) measures to manage, reduce, treat, or recapture 
     stormwater or subsurface drainage water; and
       ``(2) subject to subsection (g),'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking the semicolon at the end 
     and inserting ``; or'';
       (B) by striking paragraphs (2) and (3); and
       (C) by redesignating paragraph (4) as paragraph (2);
       (3) by striking subsections (e) through (g) and inserting 
     the following:
       ``(e) Administrative Requirements.--
       ``(1) In general.--Subject to paragraph (2), a project that 
     receives grant assistance under subsection (a) shall be 
     carried out subject to the same requirements as a project 
     that receives assistance from a State water pollution control 
     revolving fund established pursuant to title VI.
       ``(2) Determination of governor.--The requirement described 
     in paragraph (1) shall not apply to a project that receives 
     grant assistance under subsection (a) to the extent that the 
     Governor of the State in which the project is located 
     determines that a requirement described in title VI is 
     inconsistent with the purposes of this section.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, to 
     remain available until expended--
       ``(1) $250,000,000 for fiscal year 2017;

[[Page S5345]]

       ``(2) $300,000,000 for fiscal year 2018;
       ``(3) $350,000,000 for fiscal year 2019;
       ``(4) $400,000,000 for fiscal year 2020; and
       ``(5) $500,000,000 for fiscal year 2021.
       ``(g) Allocation of Funds.--
       ``(1) Fiscal year 2017 and 2018.--For each of fiscal years 
     2017 and 2018, subject to subsection (h), the Administrator 
     shall use the amounts made available to carry out this 
     section to provide grants to municipalities and municipal 
     entities under subsection (a)(2)--
       ``(A) in accordance with the priority criteria described in 
     subsection (b); and
       ``(B) with additional priority given to proposed projects 
     that involve the use of--
       ``(i) nonstructural, low-impact development;
       ``(ii) water conservation, efficiency, or reuse; or
       ``(iii) other decentralized stormwater or wastewater 
     approaches to minimize flows into the sewer systems.
       ``(2) Fiscal year 2019 and thereafter.--For fiscal year 
     2019 and each fiscal year thereafter, subject to subsection 
     (h), the Administrator shall use the amounts made available 
     to carry out this section to provide grants to States under 
     subsection (a)(1) in accordance with a formula that--
       ``(A) shall be established by the Administrator, after 
     providing notice and an opportunity for public comment; and
       ``(B) allocates to each State a proportional share of the 
     amounts based on the total needs of the State for municipal 
     combined sewer overflow controls and sanitary sewer overflow 
     controls, as identified in the most recent survey--
       ``(i) conducted under section 210; and
       ``(ii) included in a report required under section 
     516(b)(1)(B).''; and
       (4) by striking subsection (i).

     [SEC. 7202. SMALL TREATMENT WORKS.

       (a) In General.--Title II of the Federal Water Pollution 
     Control Act (33 U.S.C. 1281 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 222. TECHNICAL ASSISTANCE FOR SMALL TREATMENT WORKS.

       ``(a) Definitions.--In this section:
       ``(1) Qualified nonprofit technical assistance provider.--
     The term `qualified nonprofit technical assistance provider' 
     means a nonprofit organization that, as determined by the 
     Administrator--
       ``(A) is the most qualified and experienced in providing 
     training and technical assistance to small treatment works; 
     and
       ``(B) the small treatment works in the State finds to be 
     the most beneficial and effective.
       ``(2) Small treatment works.--The term `small treatment 
     works' means a publicly owned treatment works serving not 
     more than 10,000 individuals.
       ``(b) Technical Assistance.--The Administrator may use 
     amounts made available to carry out this section to provide 
     grants or cooperative agreements to qualified nonprofit 
     technical assistance providers to provide to owners and 
     operators of small treatment works onsite technical 
     assistance, circuit-rider technical assistance programs, 
     multistate, regional technical assistance programs, and 
     onsite and regional training, to assist the treatment works 
     in achieving compliance with this Act or obtaining financing 
     under this Act for eligible projects.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $15,000,000 for each of fiscal years 2017 through 2021.''.
       (b) Water Pollution Control Revolving Loan Funds.--
       (1) In general.--Section 603 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1383) is amended--
       (A) in subsection (d)--
       (i) in the matter preceding paragraph (1), by inserting 
     ``and as provided in subsection (e)'' after ``State law'';
       (ii) by redesignating subsections (e) through (i) as 
     subsections (f) through (j), respectively; and
       (iii) by inserting after subsection (d) the following:
       ``(e) Additional Use of Funds.--A State may use an 
     additional 2 percent of the funds annually allotted to the 
     State under this section for qualified nonprofit technical 
     assistance providers (as defined in section 222) to provide 
     technical assistance to public water systems serving not more 
     than 10,000 individuals in the State.''.
       (2) Conforming amendment.--Section 221(d) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1301(d)) is amended by 
     striking ``section 603(h)'' and inserting ``section 
     603(i)''.]

     SEC. 7202. SMALL AND MEDIUM TREATMENT WORKS.

       (a) In General.--Title II of the Federal Water Pollution 
     Control Act (33 U.S.C. 1281 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 222. TECHNICAL ASSISTANCE FOR SMALL AND MEDIUM 
                   TREATMENT WORKS.

       ``(a) Definitions.--In this section:
       ``(1) Medium treatment works.--The term `medium treatment 
     works' means a publicly owned treatment works serving not 
     fewer than 10,001 and not more than 100,000 individuals.
       ``(2) Qualified nonprofit medium treatment works technical 
     assistance provider.--The term `qualified nonprofit medium 
     treatment works technical assistance provider' means a 
     qualified nonprofit technical assistance provider of water 
     and wastewater services to medium-sized communities that 
     provides technical assistance (including circuit rider 
     technical assistance programs, multi-State, regional 
     assistance programs, and training and preliminary engineering 
     evaluations) to owners and operators of medium treatment 
     works, which may include State agencies.
       ``(3) Qualified nonprofit small treatment works technical 
     assistance provider.--The term `qualified nonprofit small 
     treatment works technical assistance provider' means a 
     nonprofit organization that, as determined by the 
     Administrator--
       ``(A) is the most qualified and experienced in providing 
     training and technical assistance to small treatment works; 
     and
       ``(B) the small treatment works in the State finds to be 
     the most beneficial and effective.
       ``(4) Small treatment works.--The term `small treatment 
     works' means a publicly owned treatment works serving not 
     more than 10,000 individuals.
       ``(b) Technical Assistance.--The Administrator may use 
     amounts made available to carry out this section to provide 
     grants or cooperative agreements to qualified nonprofit small 
     treatment works technical assistance providers and grants or 
     cooperative agreements to qualified nonprofit medium 
     treatment works technical assistance providers to provide to 
     owners and operators of small and medium treatment works 
     onsite technical assistance, circuit-rider technical 
     assistance programs, multi-State, regional technical 
     assistance programs, and onsite and regional training, to 
     assist the treatment works in achieving compliance with this 
     Act or obtaining financing under this Act for eligible 
     projects.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) for grants for small treatment works technical 
     assistance, $15,000,000 for each of fiscal years 2017 through 
     2021; and
       ``(2) for grants for medium treatment works technical 
     assistance, $10,000,000 for each of fiscal years 2017 through 
     2021.''.
       (b) Water Pollution Control Revolving Loan Funds.--
       (1) In general.--Section 603 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1383) is amended--
       (A) in subsection (d)--
       (i) in the matter preceding paragraph (1), by inserting 
     ``and as provided in subsection (e)'' after ``State law'';
       (ii) by redesignating subsections (e) through (i) as 
     subsections (f) through (j), respectively; and
       (iii) by inserting after subsection (d) the following:
       ``(e) Additional Use of Funds.--A State may use an 
     additional 2 percent of the funds annually allotted to the 
     State under this section for qualified nonprofit small 
     treatment works technical assistance providers and qualified 
     nonprofit medium treatment works technical assistance 
     providers (as those terms are defined in section 222) to 
     provide technical assistance to small treatment works and 
     medium treatment works in the State.''.
       (2) Conforming amendment.--Section 221(d) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1301(d)) is amended by 
     striking ``section 603(h)'' and inserting ``section 603(i)''.

     SEC. 7203. INTEGRATED PLANS.

       (a) Integrated Plans.--Section 402 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1342) is amended by adding 
     at the end the following:
       ``(s) Integrated Plan Permits.--
       ``(1) Definitions.--In this subsection:
       ``(A) Green infrastructure.--The term `green 
     infrastructure' means the range of measures that use plant or 
     soil systems, permeable pavement or other permeable surfaces 
     or substrates, stormwater harvest and reuse, or landscaping 
     to store, infiltrate, or evapotranspirate stormwater and 
     reduce flows to sewer systems or to surface waters.
       ``(B) Integrated plan.--The term `integrated plan' has the 
     meaning given in Part III of the Integrated Municipal 
     Stormwater and Wastewater Planning Approach Framework, issued 
     by the Environmental Protection Agency and dated May 2012.
       ``(C) Municipal discharge.--
       ``(i) In general.--The term `municipal discharge' means a 
     discharge from a treatment works (as defined in section 212) 
     or a discharge from a municipal storm sewer under 
     subsection(p).
       ``(ii) Inclusion.--The term `municipal discharge' includes 
     a discharge of wastewater or storm water collected from 
     multiple municipalities if the discharge is covered by the 
     same permit issued under this section.
       ``(2) Integrated plan.--
       ``(A) In general.--The Administrator (or a State, in the 
     case of a permit program approved under subsection (b)) shall 
     inform a municipal permittee or multiple municipal permittees 
     of the opportunity to develop an integrated plan.
       ``(B) Scope of permit incorporating integrated plan.--A 
     permit issued under this subsection that incorporates an 
     integrated plan may integrate all requirements under this Act 
     addressed in the integrated plan, including requirements 
     relating to--
       ``(i) a combined sewer overflow;
       ``(ii) a capacity, management, operation, and maintenance 
     program for sanitary sewer collection systems;
       ``(iii) a municipal stormwater discharge;
       ``(iv) a municipal wastewater discharge; and
       ``(v) a water quality-based effluent limitation to 
     implement an applicable wasteload allocation in a total 
     maximum daily load.
       ``(3) Compliance schedules.--
       ``(A) In general.--A permit for a municipal discharge by a 
     municipality that incorporates an integrated plan may include 
     a

[[Page S5346]]

     schedule of compliance, under which actions taken to meet any 
     applicable water quality-based effluent limitation may be 
     implemented over more than 1 permit term if the compliance 
     schedules are authorized by State water quality standards.
       ``(B) Inclusion.--Actions subject to a compliance schedule 
     under subparagraph (A) may include green infrastructure if 
     implemented as part of a water quality-based effluent 
     limitation.
       ``(C) Review.--A schedule of compliance may be reviewed 
     each time the permit is renewed.
       ``(4) Existing authorities retained.--
       ``(A) Applicable standards.--Nothing in this subsection 
     modifies any obligation to comply with applicable technology 
     and water quality-based effluent limitations under this Act.
       ``(B) Flexibility.--Nothing in this subsection reduces or 
     eliminates any flexibility available under this Act, 
     including the authority of a State to revise a water quality 
     standard after a use attainability analysis under section 
     131.10(g) of title 40, Code of Federal Regulations (as in 
     effect on the date of enactment of this subsection), subject 
     to the approval of the Administrator under section 303(c).
       ``(5) Clarification of state authority.--
       ``(A) In general.--Nothing in section 301(b)(1)(C) 
     precludes a State from authorizing in the water quality 
     standards of the State the issuance of a schedule of 
     compliance to meet water quality-based effluent limitations 
     in permits that incorporate provisions of an integrated plan.
       ``(B) Transition rule.--In any case in which a discharge is 
     subject to a judicial order or consent decree as of the date 
     of enactment of the Water Resources Development Act of 2016 
     resolving an enforcement action under this Act, any schedule 
     of compliance issued pursuant to an authorization in a State 
     water quality standard shall not revise or otherwise affect a 
     schedule of compliance in that order or decree unless the 
     order or decree is modified by agreement of the parties and 
     the court.''.
       (b) Municipal Ombudsman.--
       (1) Establishment.--There is established within the Office 
     of the Administrator an Office of the Municipal Ombudsman.
       (2) General duties.--The municipal ombudsman shall--
       (A) provide technical assistance to municipalities seeking 
     to comply with the requirements of laws implemented by the 
     Environmental Protection Agency; and
       (B) provide information to the Administrator to help the 
     Administrator ensure that agency policies are implemented by 
     all offices of the Environmental Protection Agency, including 
     regional offices.
       (3) Actions required.--The municipal ombudsman shall work 
     with appropriate offices at the headquarters and regional 
     offices of the Environmental Protection Agency to ensure that 
     the municipality seeking assistance is provided information--
       (A) about available Federal financial assistance for which 
     the municipality is eligible;
       (B) about flexibility available under the Federal Water 
     Pollution Control Act (33 U.S.C. 1251 et seq.) and, if 
     applicable, the Safe Drinking Water Act (42 U.S.C. 300f et 
     seq.); and
       (C) regarding the opportunity to develop an integrated 
     plan, as defined in section 402(s)(1)(B) of the Federal Water 
     Pollution Control Act (as added by subsection (a)).
       (4) Priority.--In carrying out paragraph (3), the municipal 
     ombudsman shall give priority to any municipality that 
     demonstrates affordability concerns relating to compliance 
     with the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.) or the Safe Drinking Water Act (42 U.S.C. 300f et 
     seq.).
       (c) Municipal Enforcement.--Section 309 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1319) is amended by 
     adding at the end the following:
       ``(h) Implementation of Integrated Plans Through 
     Enforcement Tools.--
       ``(1) In general.--In conjunction with an enforcement 
     action under subsection (a) or (b) relating to municipal 
     discharges, the Administrator shall inform a municipality of 
     the opportunity to develop an integrated plan, as defined in 
     section 402(s).
       ``(2) Modification.--Any municipality under an 
     administrative order under subsection (a) or settlement 
     agreement under subsection (b) that has developed an 
     integrated plan consistent with section 402(s) may request a 
     modification of the administrative order or settlement 
     agreement based on that integrated plan.''.

     SEC. 7204. GREEN INFRASTRUCTURE PROMOTION.

       Title V of the Federal Water Pollution Control Act (33 
     U.S.C. 1361 et seq.) is amended--
       (1) by redesignating section 519 (33 U.S.C. 1251 note) as 
     section 520; and
       (2) by inserting after section 518 (33 U.S.C. 1377) the 
     following:

     ``SEC. 519. ENVIRONMENTAL PROTECTION AGENCY GREEN 
                   INFRASTRUCTURE PROMOTION.

       ``(a) In General.--The Administrator shall ensure that the 
     Office of Water, the Office of Enforcement and Compliance 
     Assurance, the Office of Research and Development, and the 
     Office of Policy of the Environmental Protection Agency 
     promote the use of green infrastructure in and coordinate the 
     integration of green infrastructure into, permitting 
     programs, planning efforts, research, technical assistance, 
     and funding guidance.
       ``(b) Duties.--The Administrator shall ensure that the 
     Office of Water--
       ``(1) promotes the use of green infrastructure in the 
     programs of the Environmental Protection Agency; and
       ``(2) coordinates efforts to increase the use of green 
     infrastructure with--
       ``(A) other Federal departments and agencies;
       ``(B) State, tribal, and local governments; and
       ``(C) the private sector.
       ``(c) Regional Green Infrastructure Promotion.--The 
     Administrator shall direct each regional office of the 
     Environmental Protection Agency, as appropriate based on 
     local factors, and consistent with the requirements of this 
     Act, to promote and integrate the use of green infrastructure 
     within the region that includes--
       ``(1) outreach and training regarding green infrastructure 
     implementation for State, tribal, and local governments, 
     tribal communities, and the private sector; and
       ``(2) the incorporation of green infrastructure into 
     permitting and other regulatory programs, codes, and 
     ordinance development, including the requirements under 
     consent decrees and settlement agreements in enforcement 
     actions.
       ``(d) Green Infrastructure Information-sharing.--The 
     Administrator shall promote green infrastructure information-
     sharing, including through an Internet website, to share 
     information with, and provide technical assistance to, State, 
     tribal, and local governments, tribal communities, the 
     private sector, and the public regarding green infrastructure 
     approaches for--
       ``(1) reducing water pollution;
       ``(2) protecting water resources;
       ``(3) complying with regulatory requirements; and
       ``(4) achieving other environmental, public health, and 
     community goals.''.

     SEC. 7205. FINANCIAL CAPABILITY GUIDANCE.

       (a) Definitions.--In this section:
       (1) Affordability.--The term ``affordability'' means, with 
     respect to payment of a utility bill, a measure of whether an 
     individual customer or household can pay the bill without 
     undue hardship or unreasonable sacrifice in the essential 
     lifestyle or spending patterns of the individual or 
     household, as determined by the Administrator.
       (2) Financial capability.--The term ``financial 
     capability'' means the financial capability of a community to 
     make investments necessary to make water quality or drinking 
     water improvements.
       (3) Guidance.--The term ``guidance'' means the guidance 
     published by the Administrator entitled ``Combined Sewer 
     Overflows--Guidance for Financial Capability Assessment and 
     Schedule Development'' and dated February 1997, as applicable 
     to the combined sewer overflows and sanitary sewer overflows 
     guidance published by the Administrator entitled ``Financial 
     Capability Assessment Framework'' and dated November 24, 
     2014.
       (b) Use of Median Household Income.--The Administrator 
     shall not use median household income as the sole indicator 
     of affordability for a residential household.
       (c) Updating.--Not later than 1 year after the date of 
     completion of the National Academy of Public Administration 
     study to establish a definition and framework for community 
     affordability required by Senate Report 114-70, accompanying 
     S. 1645 (114th Congress), the Administrator shall revise the 
     guidance.
       (d) Consideration and Consultation.--
       (1) Consideration.--In revising the guidance, the 
     Administrator shall consider--
       (A) the recommendations of the study referred to in 
     subsection (c) and any other relevant study, as determined by 
     the Administrator;
       (B) local economic conditions, including site-specific 
     local conditions that should be taken into consideration in 
     analyzing financial capability;
       (C) other essential community investments;
       (D) potential adverse impacts on distressed populations, 
     including the percentage of low-income ratepayers within the 
     service area of a utility and impacts in communities with 
     disparate economic conditions throughout the entire service 
     area of a utility;
       (E) the degree to which rates of low-income consumers would 
     be affected by water infrastructure investments and the use 
     of rate structures to address the rates of low-income 
     consumers;
       (F) an evaluation of an array of factors, the relative 
     importance of which may vary across regions and localities; 
     and
       (G) the appropriate weight for economic, public health, and 
     environmental benefits associated with improved water 
     quality.
       (2) Consultation.--Any guidance issued to replace the 
     guidance shall be developed in consultation with interested 
     parties.
       (e) Publication and Submission.--On completion of the 
     updating of guidance, the Administrator shall publish in the 
     Federal Register 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 the updated guidance.

     Subtitle C--Innovative Financing and Promotion of Innovative 
                              Technologies

     SEC. 7301. WATER INFRASTRUCTURE PUBLIC-PRIVATE PARTNERSHIP 
                   PILOT PROGRAM.

       Section 5014(c) of the Water Resources Reform and 
     Development Act of 2014 (33 U.S.C. 2201 note; Public Law 113-
     121) is amended by striking ``Any activity undertaken under

[[Page S5347]]

     this section is authorized only to the extent'' and inserting 
     ``Nothing in this section obligates the Secretary to expend 
     funds unless''.

     SEC. 7302. WATER INFRASTRUCTURE FINANCE AND INNOVATION.

       (a) Authority to Provide Assistance.--Section 5023(b)(2) of 
     the Water Infrastructure Finance and Innovation Act of 2014 
     (33 U.S.C. 3902(b)(2)) is amended by striking ``carry out'' 
     and inserting ``provide financial assistance to carry out''.
       (b) Projects Eligible for Assistance.--Section 5026(6) of 
     the Water Infrastructure Finance and Innovation Act of 2014 
     (33 U.S.C. 3905(6)) is amended--
       (1) by striking ``desalination project'' and inserting 
     ``desalination project, including chloride control''; and
       (2) by striking ``or a water recycling project'' and 
     inserting ``a water recycling project, or a project to 
     provide alternative water supplies to reduce aquifer 
     depletion''.
       (c) Terms and Conditions.--Section 5029(b) of the Water 
     Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 
     3908(b)) is amended--
       (1) in paragraph (7)--
       (A) by striking ``The Secretary'' and inserting the 
     following:
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Secretary''; and
       (B) by adding at the end the following:
       ``(B) Financing fees.--On request of a community with a 
     population of not more than 10,000 individuals, the Secretary 
     or the Administrator, as applicable, shall allow the fees 
     under subparagraph (A) to be financed as part of the loan.''; 
     and
       (2) by adding at the end the following:
       ``(10) Credit.--Any eligible project costs incurred and the 
     value of any integral in-kind contributions made before 
     receipt of assistance under this subtitle shall be credited 
     toward the 51 percent of project costs to be provided by 
     sources of funding other than a secured loan under this 
     subtitle (as described in paragraph (2)(A).''.
       (d) Removal of Pilot Designation.--
       (1) Subtitle C of title V of the Water Resources Reform and 
     Development Act of 2014 (33 U.S.C. 3901 et seq.) is amended 
     by striking the subtitle designation and heading and 
     inserting the following:

             ``Subtitle C--Innovative Financing Projects''.

       (2) Section 5023 of the Water Infrastructure Finance and 
     Innovation Act of 2014 (33 U.S.C. 3092) is amended by 
     striking ``pilot'' each place it appears.
       (3) Section 5034 of the Water Infrastructure Finance and 
     Innovation Act of 2014 (33 U.S.C. 3913) is amended by 
     striking the section designation and heading and inserting 
     the following:

     ``SEC. 5034. REPORTS ON PROGRAM IMPLEMENTATION.''.

       (4) The table of contents for the Water Resources Reform 
     and Development Act of 2014 (Public Law 113-121) is amended--
       (A) by striking the item relating to subtitle C of title V 
     and inserting the following:

          ``Subtitle C--Innovative Financing Projects''.; and

       (B) by striking the item relating to section 5034 and 
     inserting the following:

``Sec. 5034. Reports on program implementation.''.
       (e) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) appropriations made available to carry out the Water 
     Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 
     3901 et seq.) should be in addition to robust funding for the 
     State water pollution control revolving funds established 
     under title VI of the Federal Water Pollution Control Act (33 
     U.S.C. 1381 et seq.) and State drinking water treatment 
     revolving loan funds established under section 1452 of the 
     Safe Drinking Water Act (42 U.S.C. 300j-12); and
       (2) the appropriations made available for the funds 
     referred to in paragraph (1) should not decrease for any 
     fiscal year.

     SEC. 7303. WATER INFRASTRUCTURE INVESTMENT TRUST FUND.

       (a) Creation of Trust Fund.--There is established in the 
     Treasury of the United States a trust fund to be known as the 
     ``Water Infrastructure Investment Trust Fund'', consisting of 
     such amounts as may be appropriated or credited to such fund 
     as provided in this section.
       (b) Transfers to Trust Fund.--There are hereby appropriated 
     to the Water Infrastructure Investment Trust Fund amounts 
     equivalent to the fees received in the Treasury before 
     January 1, 2022, under subsection (f).
       (c) Expenditures.--Except as provided by subsection (d), 
     amounts in the Water Infrastructure Investment Trust Fund 
     shall be available, without further appropriation, as 
     follows:
       (1) [85] 50 percent of the amounts shall be available to 
     the Administrator for making capitalization grants under 
     section 601 of the Federal Water Pollution Control Act (33 
     U.S.C. 1381).
       (2) [15] 50 percent of the amounts shall be available to 
     the Administrator for making capitalization grants under 
     section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
     12).
       (d) Investment.--Amounts in the Water Infrastructure 
     Investment Trust Fund shall be invested in accordance with 
     section 9702 of title 31, United States Code, and any 
     interest on, and proceeds from, any such investment shall be 
     available for expenditure in accordance with this Act and the 
     amendments made by this Act.
       (e) Limitation on Expenditures.--Amounts in the Water 
     Infrastructure Investment Trust Fund may not be made 
     available for a fiscal year unless the funds appropriated to 
     the Clean Water State Revolving Fund through annual 
     capitalization grants is not less than the average of the 
     annual amounts provided in capitalization grants under 
     section 601 of the Federal Water Pollution Control Act (33 
     U.S.C. 1381) for the 5-fiscal-year period immediately 
     preceding such fiscal year.
       (f) Voluntary Labeling System.--
       (1) In general.--The Secretary of the Treasury, in 
     consultation with the Administrator of the Food and Drug 
     Administration, manufacturers, producers, and importers, 
     shall develop and implement a program under which the 
     Secretary provides a label designed in consultation with 
     manufacturers, producers, and importers suitable for 
     placement on products to inform consumers that the 
     manufacturer, producer, or importer of the product, and other 
     stakeholders, participates in the Water Infrastructure 
     Investment Trust Fund and is contributing to the clean water 
     of the United States.
       (2) Fee.--
       (A) In general.--The Secretary shall provide a label for a 
     fee of 3 cents per unit.
       (B) Deposit.--Amounts received by the Secretary under 
     subparagraph (A) shall be deposited in the general fund of 
     the Treasury.
       (g) EPA Study on Water Pricing.--
       (1) Study.--The Administrator, with participation by the 
     States, shall conduct a study to--
       (A) assess the affordability gap faced by low-income 
     populations located in urban and rural areas in obtaining 
     services from clean water and drinking water systems; and
       (B) analyze options for programs to provide incentives for 
     rate adjustments at the local level to achieve ``full cost'' 
     or ``true value'' pricing for such services, while protecting 
     low-income ratepayers from undue burden.
       (2) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall transmit to 
     the Committee on the Environment and Public Works of the 
     Senate and the Committee on Transportation and Infrastructure 
     and the Committee on Energy and Commerce of the House of 
     Representatives a report on the results of the study.

     SEC. 7304. INNOVATIVE WATER TECHNOLOGY GRANT PROGRAM.

       (a) Definition of Eligible Entity.--In this section, the 
     term ``eligible entity'' means--
       (1) a public utility, including publicly owned treatment 
     works and clean water systems;
       (2) a unit of local government, including a municipality or 
     a joint powers authority;
       (3) a private entity, including a farmer or manufacturer;
       (4) an institution of higher education;
       (5) a research institution or foundation;
       (6) a State;
       (7) a regional organization; or
       (8) a nonprofit organization.
       (b) Grant Program Authorized.--The Administrator shall 
     carry out a grant program for purposes described in 
     subsection (c) to accelerate the development of innovative 
     water technologies that address pressing water challenges.
       (c) Grants.--In carrying out the program under subsection 
     (b), the Administrator shall make to eligible entities grants 
     that--
       (1) finance projects to develop, deploy, test, and improve 
     emerging water technologies;
       (2) fund entities that provide technical assistance to 
     deploy innovative water technologies more broadly, 
     especially--
       (A) to increase adoption of innovative water technologies 
     in--
       (i) municipal drinking water and wastewater treatment 
     systems;
       (ii) areas served by private wells; or
       (iii) water supply systems in arid areas that are 
     experiencing, or have recently experienced, prolonged drought 
     conditions; and
       (B) in a manner that reduces ratepayer or community costs 
     over time, including the cost of future capital investments; 
     or
       (3) support technologies that, as determined by the 
     Administrator--
       (A) improve water quality of a water source;
       (B) improve the safety and security of a drinking water 
     delivery system;
       (C) minimize contamination of drinking water and drinking 
     water sources, including contamination by lead, bacteria, 
     chlorides, and nitrates;
       (D) improve the quality and timeliness and decrease the 
     cost of drinking water quality tests, especially technologies 
     that can be deployed within water systems and at individual 
     faucets to provide accurate real-time tests of water quality, 
     especially with respect to lead, bacteria, and nitrate 
     content;
       (E) increase water supplies in arid areas that are 
     experiencing, or have recently experienced, prolonged drought 
     conditions;
       (F) treat edge-of-field runoff to improve water quality;
       (G) treat agricultural, municipal, and industrial 
     wastewater;
       (H) recycle or reuse water;
       (I) manage urban storm water runoff;
       (J) reduce sewer or stormwater overflows;
       (K) conserve water;
       (L) improve water quality by reducing salinity;
       (M) mitigate air quality impacts associated with declining 
     water resources; or
       (N) address urgent water quality and human health needs.

[[Page S5348]]

       (d) Priority Funding.--In making grants under this section, 
     the Administrator shall give priority to projects that have 
     the potential--
       (1) to provide substantial cost savings across a sector;
       (2) to significantly improve human health or the 
     environment; or
       (3) to provide additional water supplies with minimal 
     environmental impact.
       (e) Cost-sharing.--The Federal share of the cost of 
     activities carried out using a grant made under this section 
     shall be not more than 65 percent.
       (f) Limitation.--The maximum amount of a grant provided to 
     a project 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) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $50,000,000 for 
     each fiscal year.
       (i) Funding.--Out of any funds in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     transfer to the Administrator to provide grants to eligible 
     entities under this section $10,000,000, to remain available 
     until expended.

     SEC. 7305. WATER RESOURCES RESEARCH ACT AMENDMENTS.

       (a) Congressional Findings and Declarations.--Section 102 
     of the Water Resources Research Act of 1984 (42 U.S.C. 10301) 
     is amended--
       (1) by redesignating paragraphs (7) through (9) as 
     paragraphs (8) through (10), respectively;
       (2) in paragraph (8) (as so redesignated), by striking 
     ``and'' at the end; and
       (3) by inserting after paragraph (6) the following:
       ``(7) additional research is required to increase the 
     effectiveness and efficiency of new and existing treatment 
     works through alternative approaches, including--
       ``(A) nonstructural alternatives;
       ``(B) decentralized approaches;
       ``(C) water use efficiency and conservation; and
       ``(D) actions to reduce energy consumption or extract 
     energy from wastewater;''.
       (b) Water Resources Research and Technology Institutes.--
     Section 104 of the Water Resources Research Act of 1984 (42 
     U.S.C. 10303) is amended--
       (1) in subsection (b)(1)--
       (A) in subparagraph (B)(ii), by striking ``water-related 
     phenomena'' and inserting ``water resources''; and
       (B) in subparagraph (D), by striking the period at the end 
     and inserting ``; and'';
       (2) in subsection (c)--
       (A) by striking ``From the'' and inserting the following:
       ``(1) In general.--From the''; and
       (B) by adding at the end the following:
       ``(2) Report.--Not later than December 31 of each fiscal 
     year, the Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate, the Committee on 
     the Budget of the Senate, the Committee on Transportation and 
     Infrastructure of the House of Representatives, and the 
     Committee on the Budget of the House of Representatives a 
     report regarding the compliance of each funding recipient 
     with this subsection for the immediately preceding fiscal 
     year.'';
       (3) by striking subsection (e) and inserting the following:
       ``(e) Evaluation of Water Resources Research Program.--
       ``(1) In general.--The Secretary shall conduct a careful 
     and detailed evaluation of each institute at least once every 
     3 years to determine--
       ``(A) the quality and relevance of the water resources 
     research of the institute;
       ``(B) the effectiveness of the institute at producing 
     measured results and applied water supply research; and
       ``(C) whether the effectiveness of the institute as an 
     institution for planning, conducting, and arranging for 
     research warrants continued support under this section.
       ``(2) Prohibition on further support.--If, as a result of 
     an evaluation under paragraph (1), the Secretary determines 
     that an institute does not qualify for further support under 
     this section, no further grants to the institute may be 
     provided until the qualifications of the institute are 
     reestablished to the satisfaction of the Secretary.'';
       (4) in subsection (f)(1), by striking ``$12,000,000 for 
     each of fiscal years 2007 through 2011'' and inserting 
     ``$7,500,000 for each of fiscal years 2017 through 2021''; 
     and
       (5) in subsection (g)(1), in the first sentence, by 
     striking ``$6,000,000 for each of fiscal years 2007 through 
     2011'' and inserting ``$1,500,000 for each of fiscal years 
     2017 through 2021''.

     SEC. 7306. REAUTHORIZATION OF WATER DESALINATION ACT OF 1996.

       (a) Authorization of Research and Studies.--Section 3 of 
     the Water Desalination Act of 1996 (42 U.S.C. 10301 note; 
     Public Law 104-298) is amended by adding at the end the 
     following:
       ``(e) Prioritization.--In carrying out this section, the 
     Secretary shall prioritize funding for research--
       ``(1) to reduce energy consumption and lower the cost of 
     desalination, including chloride control;
       ``(2) to reduce the environmental impacts of seawater 
     desalination and develop technology and strategies to 
     minimize those impacts;
       ``(3) to improve existing reverse osmosis and membrane 
     technology;
       ``(4) to carry out basic and applied research on next 
     generation desalination technologies, including improved 
     energy recovery systems and renewable energy-powered 
     desalination systems that could significantly reduce 
     desalination costs;
       ``(5) to develop portable or modular desalination units 
     capable of providing temporary emergency water supplies for 
     domestic or military deployment purposes; and
       ``(6) to develop and promote innovative desalination 
     technologies, including chloride control, identified by the 
     Secretary.''.
       (b) Desalination Demonstration and Development.--Section 4 
     of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; 
     Public Law 104-298) is amended by adding at the end the 
     following:
       ``(c) Prioritization.--In carrying out demonstration and 
     development activities under this section, the Secretary 
     shall prioritize projects--
       ``(1) in drought-stricken States and communities;
       ``(2) in States that have authorized funding for research 
     and development of desalination technologies and projects;
       ``(3) that can reduce reliance on imported water supplies 
     that have an impact on species listed under the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.); and
       ``(4) that demonstrably leverage the experience of 
     international partners with considerable expertise in 
     desalination, such as the State of Israel.''.
       (c) Authorization of Appropriations.--Section 8 of the 
     Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public 
     Law 104-298) is amended--
       (1) in the first sentence of subsection (a)--
       (A) by striking ``$5,000,000'' and inserting 
     ``$8,000,000''; and
       (B) by striking ``2013'' and inserting ``2021''; and
       (2) in subsection (b), by striking ``for each of fiscal 
     years 2012 through 2013'' and inserting ``for each of fiscal 
     years 2017 through 2021''.
       (d) Consultation.--Section 9 of the Water Desalination Act 
     of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is 
     amended--
       (1) by striking the section designation and heading and all 
     that follows through ``In carrying out'' in the first 
     sentence and inserting the following:

     ``SEC. 9. CONSULTATION AND COORDINATION.

       ``(a) Consultation.--In carrying out'';
       (2) in the second sentence, by striking ``The 
     authorization'' and inserting the following:
       ``(c) Other Desalination Programs.--The authorization''; 
     and
       (3) by inserting after subsection (a) (as designated by 
     paragraph (1)) the following:
       ``(b) Coordination of Federal Desalination Research and 
     Development.--
       ``(1) In general.--The White House Office of Science and 
     Technology Policy shall develop a coordinated strategic plan 
     that--
       ``(A) establishes priorities for future Federal investments 
     in desalination;
       ``(B) coordinates the activities of Federal agencies 
     involved in desalination, including the Bureau of 
     Reclamation, the Corps of Engineers, the United States Army 
     Tank Automotive Research, Development and Engineering Center, 
     the National Science Foundation, the Office of Naval Research 
     of the Department of Defense, the National Laboratories of 
     the Department of Energy, the United States Geological 
     Survey, the Environmental Protection Agency, and the National 
     Oceanic and Atmospheric Administration; and
       ``(C) strengthens research and development cooperation with 
     international partners, such as the State of Israel, in the 
     area of desalination technology.''.

     SEC. 7307. NATIONAL DROUGHT RESILIENCE GUIDELINES.

       (a) In General.--The Administrator, in conjunction with the 
     Secretary of the Interior, the Secretary of Agriculture, the 
     Director of the National Oceanic and Atmospheric 
     Administration, and other appropriate Federal agency heads 
     along with State and local governments, shall develop 
     nonregulatory national drought resilience guidelines relating 
     to drought preparedness planning and investments for 
     communities, water utilities, and other water users and 
     providers.
       (b) Consultation.--In developing the national drought 
     resilience guidelines, the Administrator and other Federal 
     agency heads referred to in subsection (a) shall consult 
     with--
       (1) State and local governments;
       (2) water utilities;
       (3) scientists;
       (4) institutions of higher education;
       (5) relevant private entities; and
       (6) other stakeholders.
       (c) Contents.--The national drought resilience guidelines 
     developed under this section shall, to the maximum extent 
     practicable, provide recommendations for a period of 10 years 
     that--
       (1) address a broad range of potential actions, including--
       (A) analysis of the impacts of the changing frequency and 
     duration of drought on the future effectiveness of water 
     management tools;
       (B) the identification of drought-related water management 
     challenges in a broad range of fields, including--

[[Page S5349]]

       (i) public health and safety;
       (ii) municipal and industrial water supply;
       (iii) agricultural water supply;
       (iv) water quality;
       (v) ecosystem health; and
       (vi) water supply planning;
       (C) water management tools to reduce drought-related 
     impacts, including--
       (i) water use efficiency through gallons per capita 
     reduction goals, appliance efficiency standards, water 
     pricing incentives, and other measures;
       (ii) water recycling;
       (iii) groundwater clean-up and storage;
       (iv) new technologies, such as behavioral water efficiency; 
     and
       (v) stormwater capture and reuse;
       (D) water-related energy and greenhouse gas reduction 
     strategies; and
       (E) public education and engagement; and
       (2) include recommendations relating to the processes that 
     Federal, State, and local governments and water utilities 
     should consider when developing drought resilience 
     preparedness and plans, including--
       (A) the establishment of planning goals;
       (B) the evaluation of institutional capacity;
       (C) the assessment of drought-related risks and 
     vulnerabilities, including the integration of climate-related 
     impacts;
       (D) the establishment of a development process, including 
     an evaluation of the cost-effectiveness of potential 
     strategies;
       (E) the inclusion of private entities, technical advisors, 
     and other stakeholders in the development process;
       (F) implementation and financing issues; and
       (G) evaluation of the plan, including any updates to the 
     plan.

     SEC. 7308. INNOVATION IN CLEAN WATER STATE REVOLVING FUNDS.

       (a) In General.--Subsection (j)(1)(B) (as redesignated by 
     section 7202(b)(1)(A)(ii)) of section 603 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1383) is amended--
       (1) in clause (iii), by striking ``or'' at the end;
       (2) in clause (iv), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(v) to encourage the use of innovative water technologies 
     related to any of the issues identified in clauses (i) 
     through (iv) or, as determined by the State, any other 
     eligible project and activity eligible for assistance under 
     subsection (c)''.
       (b) Innovative Water Technologies.--Section 603 of the 
     Federal Water Pollution Control Act (33 U.S.C. 1383) (as 
     amended by section 7202(b)(1)) is amended by adding at the 
     end the following:
       ``(k) Technical Assistance.--The Administrator may provide 
     technical assistance to facilitate and encourage the 
     provision of financial assistance for innovative water 
     technologies.
       ``(l) Report.--Not later than 1 year after the date of 
     enactment of the Water Resources Development Act of 2016, and 
     not less frequently than every 5 years thereafter, the 
     Administrator shall submit to Congress a report that 
     describes--
       ``(1) the amount of financial assistance provided by State 
     water pollution control revolving funds to deploy innovative 
     water technologies;
       ``(2) the barriers impacting greater use of innovative 
     water technologies; and
       ``(3) the cost-saving potential to cities and future 
     infrastructure investments from emerging technologies.''.

     SEC. 7309. INNOVATION IN THE DRINKING WATER STATE REVOLVING 
                   FUND.

       Section 1452 of the Safe Drinking Water Act (42 U.S.C. 
     300j-12) (as amended by section 7105) is amended--
       (1) in subsection (d)--
       (A) by striking the heading and inserting ``Additional 
     Assistance.--'';
       (B) in paragraph (1)--
       (i) by striking ``Notwithstanding'' and inserting the 
     following:
       ``(A) In general.--Notwithstanding''; and
       (ii) by adding at the end the following:
       ``(B) Innovative water technology.--Notwithstanding any 
     other provision of this section, in the case of a State that 
     makes a loan under subsection (a)(2) to carry out an eligible 
     activity through the use of an innovative water technology 
     (including technologies to improve water treatment to ensure 
     compliance with this title and technologies to identify and 
     mitigate sources of drinking water contamination, including 
     lead contamination), the State may provide additional 
     subsidization, including forgiveness of principal that is not 
     more than 50 percent of the cost of the portion of the 
     project associated with the innovative technology.'';
       (C) in paragraph (2)--
       (i) by striking ``For each fiscal year'' and inserting the 
     following:
       ``(A) In general.--For each fiscal year''; and
       (ii) by adding at the end the following:
       ``(B) Innovative water technology.--For each fiscal year, 
     not more than 20 percent of the loan subsidies that may be 
     made by a State under paragraph (1) may be used to provide 
     additional subsidization under subparagraph (B) of that 
     paragraph.''; and
       (D) in paragraph (3), in the first sentence, by inserting 
     ``, or portion of a service area,'' after ``service area''; 
     and
       (2) by adding at the end the following:
       ``(t) Technical Assistance.--The Administrator may provide 
     technical assistance to facilitate and encourage the 
     provision of financial assistance for the deployment of 
     innovative water technologies.
       ``(u) Report.--Not later than 1 year after the date of 
     enactment of the Water Resources Development Act of 2016, and 
     not less frequently than every 5 years thereafter, the 
     Administrator shall submit to Congress a report that 
     describes--
       ``(1) the amount of financial assistance provided by State 
     loan funds to deploy innovative water technologies;
       ``(2) the barriers impacting greater use of innovative 
     water technologies; and
       ``(3) the cost-saving potential to cities and future 
     infrastructure investments from emerging technologies.''.

     Subtitle D--Drinking Water Disaster Relief and Infrastructure 
                              Investments

     SEC. 7401. DRINKING WATER INFRASTRUCTURE.

       (a) Definitions.--In this section:
       (1) Eligible state.--The term ``eligible State'' means a 
     State for which the President has declared an emergency under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) relating to the 
     public health threats associated with the presence of lead or 
     other contaminants in a public drinking water supply system.
       (2) Eligible system.--The term ``eligible system'' means a 
     public drinking water supply system that has been the subject 
     of an emergency declaration referred to in paragraph (1).
       (b) State Revolving Loan Fund Assistance.--
       (1) In general.--An eligible system shall be--
       (A) considered to be a disadvantaged community under 
     section 1452(d) of the Safe Drinking Water Act (42 U.S.C. 
     300j-12(d)); and
       (B) eligible to receive loans with additional subsidization 
     under that Act (42 U.S.C. 300f et seq.), including 
     forgiveness of principal under section 1452(d)(1) of that Act 
     (42 U.S.C. 300j-12(d)(1)).
       (2) Authorization.--
       (A) In general.--Using funds provided under subsection 
     (e)(1)(A), an eligible State may provide assistance to an 
     eligible system within the eligible State, for the purpose of 
     addressing lead or other contaminants in drinking water, 
     including repair and replacement of public and private 
     drinking water infrastructure.
       (B) Inclusion.--Assistance provided under subparagraph (A) 
     may include additional subsidization under the Safe Drinking 
     Water Act (42 U.S.C. 300f et seq.), as described in paragraph 
     (1)(B).
       (C) Exclusion.--Assistance provided under subparagraph (A) 
     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--
       (i) the interest of which is exempt from the tax imposed 
     under chapter 1 of the Internal Revenue Code of 1986; or
       (ii) with respect to which credit is allowable under 
     subpart I or J of part IV of subchapter A of chapter 1 of 
     such Code.
       (3) Limitation.--Section 1452(d)(2) of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12(d)(2)) shall not apply to--
       (A) any funds provided under subsection (e)(1)(A); or
       (B) any other loan provided to an eligible system.
       (c) Water Infrastructure Financing.--
       (1) Secured loans.--
       (A) In general.--Using funds provided under subsection 
     (e)(2)(A), the Administrator may make a secured loan under 
     the Water Infrastructure Finance and Innovation Act of 2014 
     (33 U.S.C. 3901 et seq.) to--
       (i) an eligible State to carry out a project eligible under 
     paragraphs (2) through (9) of section 5026 of that Act (33 
     U.S.C. 3905) to address lead or other contaminants in 
     drinking water in an eligible system, including repair and 
     replacement of public and private drinking water 
     infrastructure; and
       (ii) any eligible entity under section 5025 of that Act (33 
     U.S.C. 3904) for a project eligible under paragraphs (2) 
     through (9) of section 5026 of that Act (33 U.S.C. 3905).
       (B) Amount.--Notwithstanding section 5029(b)(2) of the 
     Water Infrastructure Finance and Innovation Act of 2014 (33 
     U.S.C. 3908(b)(2)), the amount of a secured loan provided 
     under subparagraph (A)(i) may be equal to not more than 80 
     percent of the reasonably anticipated costs of the projects.
       (2) Federal involvement.--Notwithstanding section 
     5029(b)(9) of the Water Infrastructure Finance and Innovation 
     Act of 2014 (33 U.S.C. 3908(b)(9)), any costs for a project 
     to address lead or other contaminants in drinking water in an 
     eligible system that are not covered by a secured loan under 
     paragraph (1) may be covered using amounts in the State 
     revolving loan fund under section 1452 of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12).
       (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) Funding.--
       (1) Additional drinking water state revolving fund 
     capitalization grants.--
       (A) In general.--The Secretary of the Treasury shall make 
     available to the Administrator a total of $100,000,000 to 
     provide additional grants to eligible States pursuant to 
     section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
     12), to be available during the period of fiscal years 2016 
     and 2017 for the purposes described in subsection (b)(2).
       (B) Supplemented intended use plans.--From funds made 
     available under subparagraph (A), the Administrator shall 
     obligate

[[Page S5350]]

     to an eligible State such amounts as are necessary to meet 
     the needs identified in a supplemented intended use plan by 
     not later than 30 days after the date on which the eligible 
     State submits to the Administrator a supplemented intended 
     use plan under section 1452(b) of the Safe Drinking Water Act 
     (42 U.S.C. 300j-12(b)) that includes preapplication 
     information regarding projects to be funded using the 
     additional assistance, including, with respect to each such 
     project--
       (i) a description of the project;
       (ii) an explanation of the means by which the project will 
     address a situation causing a declared emergency in the 
     eligible State;
       (iii) the estimated cost of the project; and
       (iv) the projected start date for construction of the 
     project.
       (C) Unobligated amounts.--Any amounts made available to the 
     Administrator under subparagraph (A) that are unobligated on 
     the date that is 18 months after the date on which the 
     amounts are made available shall be available to provide 
     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).
       (D) Applicability.--Section 1452(b)(1) of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12(b)(1)) shall not apply to a 
     supplement to an intended use plan under subparagraph (B).
       (2) WIFIA funding.--
       (A) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of the Treasury shall 
     make available to the Administrator $70,000,000 to provide 
     credit subsidies, in consultation with the Director of the 
     Office of Management and Budget, for secured loans under 
     subsection (c)(1)(A) with a goal of providing secured loans 
     totaling at least $700,000,000.
       (B) Use.--Secured loans provided pursuant to subparagraph 
     (A) shall be available to carry out activities described in 
     subsection (c)(1)(A).
       (C) Exclusion.--Of the amounts made available under 
     subparagraph (A), $20,000,000 shall not be used to provide 
     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--
       (i) the interest of which is exempt from the tax imposed 
     under chapter 1 of the Internal Revenue Code of 1986; or
       (ii) with respect to which credit is allowable under 
     subpart I or J of part IV of subchapter A of chapter 1 of 
     such Code.
       (3) Applicability.--Unless explicitly waived, all 
     requirements under the Safe Drinking Water Act (42 U.S.C. 
     300f et seq.) and the Water Infrastructure Finance and 
     Innovation Act of 2014 (33 U.S.C. 3901 et seq.) shall apply 
     to funding provided under this subsection.
       (f) Health Effects Evaluation.--
       (1) In general.--Pursuant to section 104(i)(1)(E) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act (42 U.S.C. 9604(i)(1)(E)), and on receipt of a 
     request of an appropriate State or local health official of 
     an eligible State, the Director of the Agency for Toxic 
     Substances and Disease Registry of the National Center for 
     Environmental Health shall in coordination with other 
     agencies, as appropriate, conduct voluntary surveillance 
     activities to evaluate any adverse health effects on 
     individuals exposed to lead from drinking water in the 
     affected communities.
       (2) Consultations.--Pursuant to section 104(i)(4) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act (42 U.S.C. 9604(i)(4)), and on receipt of a 
     request of an appropriate State or local health official of 
     an eligible State, the Director of the Agency for Toxic 
     Substances and Disease Registry of the National Center for 
     Environmental Health shall provide consultations regarding 
     health issues described in paragraph (1).

     SEC. 7402. LOAN FORGIVENESS.

       The matter under the heading ``State and Tribal Assistance 
     Grants'' under the heading ``ENVIRONMENTAL PROTECTION 
     AGENCY'' in title II of division G of the Consolidated 
     Appropriations Act, 2016 (Public Law 114-113), is amended in 
     paragraph (1), by striking the semicolon at the end and 
     inserting the following: ``or, if a Federal or State 
     emergency declaration has been issued due to a threat to 
     public health from heightened exposure to lead in a municipal 
     drinking water supply, before the date of enactment of this 
     Act: Provided further, That in a State in which such an 
     emergency declaration has been issued, the State may use more 
     than 20 percent of the funds made available under this title 
     to the State for Drinking Water State Revolving Fund 
     capitalization grants to provide additional subsidy to 
     eligible recipients;''.

     SEC. 7403. REGISTRY FOR LEAD EXPOSURE AND ADVISORY COMMITTEE.

       (a) Definitions.--In this section:
       (1) City.--The term ``City'' means a city exposed to lead 
     contamination in the local drinking water system.
       (2) Committee.--The term ``Committee'' means the Advisory 
     Committee established under subsection (c).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (b) Lead Exposure Registry.--The Secretary shall establish 
     within the Agency for Toxic Substances and Disease Registry 
     or another relevant agency at the discretion of the 
     Secretary, or establish through a grant award or contract, a 
     lead exposure registry to collect data on the lead exposure 
     of residents of a City on a voluntary basis.
       (c) Advisory Committee.--
       (1) Membership.--
       (A) In general.--The Secretary shall establish an Advisory 
     Committee in coordination with the Director of the Centers 
     for Disease Control and Prevention and other relevant 
     agencies as determined by the Secretary consisting of Federal 
     members and non-Federal members, and which shall include--
       (i) an epidemiologist;
       (ii) a toxicologist;
       (iii) a mental health professional;
       (iv) a pediatrician;
       (v) an early childhood education expert;
       (vi) a special education expert;
       (vii) a dietician; and
       (viii) an environmental health expert.
       (B) Requirements.--Membership in the Committee shall not 
     exceed 15 members and not less than \1/2\ of the members 
     shall be Federal members.
       (2) Chair.--The Secretary shall designate a chair from 
     among the Federal members appointed to the Committee.
       (3) Terms.--Members of the Committee shall serve for a term 
     of not more than 3 years and the Secretary may reappoint 
     members for consecutive terms.
       (4) Application of faca.--The Committee shall be subject to 
     the Federal Advisory Committee Act (5 U.S.C. App.).
       (5) Responsibilities.--The Committee shall, at a minimum--
       (A) review the Federal programs and services available to 
     individuals and communities exposed to lead;
       (B) review current research on lead poisoning to identify 
     additional research needs;
       (C) review and identify best practices, or the need for 
     best practices, regarding lead screening and the prevention 
     of lead poisoning;
       (D) identify effective services, including services 
     relating to healthcare, education, and nutrition for 
     individuals and communities affected by lead exposure and 
     lead poisoning, including in consultation with, as 
     appropriate, the lead exposure registry as established in 
     subsection (b); and
       (E) undertake any other review or activities that the 
     Secretary determines to be appropriate.
       (6) Report.--Annually for 5 years and thereafter as 
     determined necessary by the Secretary or as required by 
     Congress, the Committee shall submit to the Secretary, the 
     Committees on Finance, Health, Education, Labor, and 
     Pensions, and Agriculture, Nutrition, and Forestry of the 
     Senate and the Committees on Education and the Workforce, 
     Energy and Commerce, and Agriculture of the House of 
     Representatives a report that includes--
       (A) an evaluation of the effectiveness of the Federal 
     programs and services available to individuals and 
     communities exposed to lead;
       (B) an evaluation of additional lead poisoning research 
     needs;
       (C) an assessment of any effective screening methods or 
     best practices used or developed to prevent or screen for 
     lead poisoning;
       (D) input and recommendations for improved access to 
     effective services relating to healthcare, education, or 
     nutrition for individuals and communities impacted by lead 
     exposure; and
       (E) any other recommendations for communities affected by 
     lead exposure, as appropriate.
       (d) Mandatory Funding.--
       (1) In general.--On the date of enactment of this Act, out 
     of any funds in the Treasury not otherwise appropriated, the 
     Secretary of the Treasury shall transfer to the Secretary, to 
     be available during the period of fiscal years 2016 through 
     2020--
       (A) $17,500,000 to carry out subsection (b); and
       (B) $2,500,000 to carry out subsection (c).
       (2) Receipt and acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     subsections (b) and (c) the funds transferred under 
     subparagraphs (A) and (B) of paragraph (1), respectively, 
     without further appropriation.

     SEC. 7404. ADDITIONAL FUNDING FOR CERTAIN CHILDHOOD HEALTH 
                   PROGRAMS.

       (a) Childhood Lead Poisoning Prevention Program.--
       (1) In general.--On the date of enactment of this Act, out 
     of any funds in the Treasury not otherwise appropriated, the 
     Secretary of the Treasury shall transfer to the Director of 
     the Centers for Disease Control and Prevention, to be 
     available during the period of fiscal years 2017 and 2018, 
     $10,000,000 for the childhood lead poisoning prevention 
     program authorized under section 317A of the Public Health 
     Service Act (42 U.S.C. 247b-1).
       (2) Receipt and acceptance.--The Director of the Centers 
     for Disease Control and Prevention shall be entitled to 
     receive, shall accept, and shall use to carry out the 
     childhood lead poisoning prevention program authorized under 
     section 317A of the Public Health Service Act (42 U.S.C. 
     247b-1) the funds transferred under paragraph (1), without 
     further appropriation.
       (b) Healthy Homes Program.--
       (1) In general.--On the date of enactment of this Act, out 
     of any funds in the Treasury not otherwise appropriated, the 
     Secretary of the Treasury shall transfer to the Secretary of 
     Housing and Urban Development, to be available during the 
     period of fiscal years 2017 and 2018, $10,000,000 to carry 
     out the Healthy Homes Initiative of the Department of Housing 
     and Urban Development.

[[Page S5351]]

       (2) Receipt and acceptance.--The Secretary of Housing and 
     Urban Development shall be entitled to receive, shall accept, 
     and shall use to carry out the Healthy Homes Initiative of 
     the Department of Housing and Urban Development the funds 
     transferred under paragraph (1), without further 
     appropriation.
       (c) Healthy Start Program.--
       (1) In general.--On the date of enactment of this Act, out 
     of any funds in the Treasury not otherwise appropriated, the 
     Secretary of the Treasury shall transfer to the Administrator 
     of the Health Resources and Services Administration, to be 
     available during the period of fiscal years 2017 and 2018, 
     $10,000,000 to carry out the Healthy Start Initiative under 
     section 330H of the Public Health Service Act (42 U.S.C. 
     254c-8).
       (2) Receipt and acceptance.--The Administrator of the 
     Health Resources and Services Administration shall be 
     entitled to receive, shall accept, and shall use to carry out 
     the Healthy Start Initiative under section 330H of the Public 
     Health Service Act (42 U.S.C. 254c-8) the funds transferred 
     under paragraph (1), without further appropriation.

     SEC. 7405. REVIEW AND REPORT.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General and the Inspector 
     General of the Environmental Protection Agency shall submit 
     to the Committees on Appropriations, Environment and Public 
     Works, and Homeland Security and Governmental Affairs of the 
     Senate and the Committees on Appropriations, Energy and 
     Commerce, Transportation and Infrastructure, and Oversight 
     and Government Reform of the House of Representatives a 
     report on the status of any ongoing investigations into the 
     Federal and State response to the contamination of the 
     drinking water supply of the City of Flint, Michigan.
       (b) Review.--Not later than 30 days after the completion of 
     the investigations described in subsection (a), the 
     Comptroller General of the United States shall commence a 
     review of issues that are not addressed by the investigations 
     and relating to--
       (1) the adequacy of the response by the State of Michigan 
     and the City of Flint to the drinking water crisis in Flint, 
     Michigan, including the timeliness and transparency of the 
     response, as well as the capacity of the State and City to 
     manage the drinking water system; and
       (2) the adequacy of the response by Region 5 of the 
     Environmental Protection Agency to the drinking water crisis 
     in Flint, Michigan, including the timeliness and transparency 
     of the response.
       (c) Contents of Report.--Not later than 1 year after 
     commencing each review under subsection (b), the Comptroller 
     General of the United States shall submit to Congress a 
     report that includes--
       (1) a statement of the principal findings of the review; 
     and
       (2) recommendations for Congress and the President to take 
     any actions to prevent a similar situation in the future and 
     to protect public health.

            Subtitle E--Report on Groundwater Contamination

     SEC. 7501. DEFINITIONS.

       In this subtitle:
       (1) Comprehensive strategy.--The term ``comprehensive 
     strategy'' means a plan for--
       (A) the remediation of the plume under the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.); or
       (B) corrective action under the Solid Waste Disposal Act 
     (42 U.S.C. 6901 et seq.).
       (2) Groundwater.--The term ``groundwater'' means water in a 
     saturated zone or stratum beneath the surface of land or 
     water.
       (3) Plume.--The term ``plume'' means any hazardous waste 
     (as defined in section 1004 of the Solid Waste Disposal Act 
     (42 U.S.C. 6903)) or hazardous substance (as defined in 
     section 101 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601)) 
     found in the groundwater supply.
       (4) Site.--The term ``site'' means the site located at 830 
     South Oyster Bay Road, Bethpage, New York, 11714 
     (Environmental Protection Agency identification number 
     NYD002047967).

     SEC. 7502. REPORT ON GROUNDWATER CONTAMINATION.

       Not later than 180 days after the date of enactment of this 
     Act and annually thereafter, the Secretary of the Navy shall 
     submit to Congress a report on the groundwater contamination 
     from the site that includes--
       (1) a description of the status of the groundwater 
     contaminants that are leaving the site and migrating to a 
     location within a 10-mile radius of the site, including--
       (A) detailed mapping of the movement of the plume over 
     time; and
       (B) projected migration rates of the plume;
       (2) an analysis of the current and future impact of the 
     movement of the plume on drinking water facilities; and
       (3) a comprehensive strategy to prevent the groundwater 
     contaminants from the site from contaminating drinking water 
     wells that, as of the date of the submission of the report, 
     have not been affected by the migration of the plume.

                        Subtitle F--Restoration

               PART I--GREAT LAKES RESTORATION INITIATIVE

     SEC. 7611. GREAT LAKES RESTORATION INITIATIVE.

       Section 118(c) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1268(c)) is amended by striking paragraph (7) and 
     inserting the following:
       ``(7) Great lakes restoration initiative.--
       ``(A) Establishment.--There is established in the Agency a 
     Great Lakes Restoration Initiative (referred to in this 
     paragraph as the `Initiative') to carry out programs and 
     projects for Great Lakes protection and restoration.
       ``(B) Focus areas.--Each fiscal year under a 5-year 
     Initiative Action Plan, the Initiative shall prioritize 
     programs and projects, carried out in coordination with non-
     Federal partners, that address priority areas, such as--
       ``(i) the remediation of toxic substances and areas of 
     concern;
       ``(ii) the prevention and control of invasive species and 
     the impacts of invasive species;
       ``(iii) the protection and restoration of nearshore health 
     and the prevention and mitigation of nonpoint source 
     pollution;
       ``(iv) habitat and wildlife protection and restoration, 
     including wetlands restoration and preservation; and
       ``(v) accountability, monitoring, evaluation, 
     communication, and partnership activities.
       ``(C) Projects.--Under the Initiative, the Agency shall 
     collaborate with Federal partners, including the Great Lakes 
     Interagency Task Force, to select the best combination of 
     programs and projects for Great Lakes protection and 
     restoration using appropriate principles and criteria, 
     including whether a program or project provides--
       ``(i) the ability to achieve strategic and measurable 
     environmental outcomes that implement the Great Lakes Action 
     Plan and the Great Lakes Water Quality Agreement;
       ``(ii) the feasibility of--

       ``(I) prompt implementation;
       ``(II) timely achievement of results; and
       ``(III) resource leveraging; and

       ``(iii) the opportunity to improve interagency and inter-
     organizational coordination and collaboration to reduce 
     duplication and streamline efforts.
       ``(D) Implementation of projects.--
       ``(i) In general.--Subject to subparagraph (G)(ii), funds 
     made available to carry out the Initiative shall be used to 
     strategically implement--

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

       ``(ii) Transfer of funds.--With amounts made available for 
     the Initiative each fiscal year, the Administrator may--

       ``(I) transfer not more than $300,000,000 to the head of 
     any Federal department or agency, with the concurrence of the 
     department or agency head, to carry out activities to support 
     the Initiative and the Great Lakes Water Quality Agreement;
       ``(II) enter into an interagency agreement with the head of 
     any Federal department or agency to carry out activities 
     described in subclause (I); and
       ``(III) make grants to governmental entities, nonprofit 
     organizations, institutions, and individuals for planning, 
     research, monitoring, outreach, and implementation of 
     projects in furtherance of the Initiative and the Great Lakes 
     Water Quality Agreement.

       ``(E) Scope.--
       ``(i) In general.--Projects shall be carried out under the 
     Initiative on multiple levels, including--

       ``(I) Great Lakes-wide; and
       ``(II) Great Lakes basin-wide.

       ``(ii) Limitation.--No funds made available to carry out 
     the Initiative may be used for any water infrastructure 
     activity (other than a green infrastructure project that 
     improves habitat and other ecosystem functions in the Great 
     Lakes) for which amounts are made available from--

       ``(I) a State water pollution control revolving fund 
     established under title VI; or
       ``(II) a State drinking water revolving loan fund 
     established under section 1452 of the Safe Drinking Water Act 
     (42 U.S.C. 300j-12).

       ``(F) Activities by other federal agencies.--Each relevant 
     Federal department or agency shall, to the maximum extent 
     practicable--
       ``(i) maintain the base level of funding for the Great 
     Lakes activities of that department or agency without regard 
     to funding under the Initiative; and
       ``(ii) identify new activities and projects to support the 
     environmental goals of the Initiative and the Great Lakes 
     Water Quality Agreement.
       ``(G) Funding.--
       ``(i) In general.--There is authorized to be appropriated 
     to carry out this paragraph $300,000,000 for each of fiscal 
     years 2017 through 2021.
       ``(ii) Limitation.--Nothing in this paragraph creates, 
     expands, or amends the authority of the Administrator to 
     implement programs or projects under--

       ``(I) this section;
       ``(II) the Initiative Action Plan; or
       ``(III) the Great Lakes Water Quality Agreement.''.

                    PART II--LAKE TAHOE RESTORATION

     SEC. 7621. FINDINGS AND PURPOSES.

       The Lake Tahoe Restoration Act (Public Law 106-506; 114 
     Stat. 2351) is amended by striking section 2 and inserting 
     the following:

     ``SEC. 2. FINDINGS AND PURPOSES.

       ``(a) Findings.--Congress finds that--

[[Page S5352]]

       ``(1) Lake Tahoe--
       ``(A) is one of the largest, deepest, and clearest lakes in 
     the world;
       ``(B) has a cobalt blue color, a biologically diverse 
     alpine setting, and remarkable water clarity; and
       ``(C) is recognized nationally and worldwide as a natural 
     resource of special significance;
       ``(2) in addition to being a scenic and ecological 
     treasure, the Lake Tahoe Basin is one of the outstanding 
     recreational resources of the United States, which--
       ``(A) offers skiing, water sports, biking, camping, and 
     hiking to millions of visitors each year; and
       ``(B) contributes significantly to the economies of 
     California, Nevada, and the United States;
       ``(3) the economy in the Lake Tahoe Basin is dependent on 
     the conservation and restoration of the natural beauty and 
     recreation opportunities in the area;
       ``(4) the ecological health of the Lake Tahoe Basin 
     continues to be challenged by the impacts of land use and 
     transportation patterns developed in the last century;
       ``(5) the alteration of wetland, wet meadows, and stream 
     zone habitat have compromised the capacity of the watershed 
     to filter sediment, nutrients, and pollutants before reaching 
     Lake Tahoe;
       ``(6) forests in the Lake Tahoe Basin suffer from over a 
     century of fire damage and periodic drought, which have 
     resulted in--
       ``(A) high tree density and mortality;
       ``(B) the loss of biological diversity; and
       ``(C) a large quantity of combustible forest fuels, which 
     significantly increases the threat of catastrophic fire and 
     insect infestation;
       ``(7) the establishment of several aquatic and terrestrial 
     invasive species (including perennial pepperweed, milfoil, 
     and Asian clam) threatens the ecosystem of the Lake Tahoe 
     Basin;
       ``(8) there is an ongoing threat to the economy and 
     ecosystem of the Lake Tahoe Basin of the introduction and 
     establishment of other invasive species (such as yellow 
     starthistle, New Zealand mud snail, Zebra mussel, and quagga 
     mussel);
       ``(9) 78 percent of the land in the Lake Tahoe Basin is 
     administered by the Federal Government, which makes it a 
     Federal responsibility to restore ecological health to the 
     Lake Tahoe Basin;
       ``(10) the Federal Government has a long history of 
     environmental stewardship at Lake Tahoe, including--
       ``(A) congressional consent to the establishment of the 
     Planning Agency with--
       ``(i) the enactment in 1969 of Public Law 91-148 (83 Stat. 
     360); and
       ``(ii) the enactment in 1980 of Public Law 96-551 (94 Stat. 
     3233);
       ``(B) the establishment of the Lake Tahoe Basin Management 
     Unit in 1973;
       ``(C) the enactment of Public Law 96-586 (94 Stat. 3381) in 
     1980 to provide for the acquisition of environmentally 
     sensitive land and erosion control grants in the Lake Tahoe 
     Basin;
       ``(D) the enactment of sections 341 and 342 of the 
     Department of the Interior and Related Agencies 
     Appropriations Act, 2004 (Public Law 108-108; 117 Stat. 
     1317), which amended the Southern Nevada Public Land 
     Management Act of 1998 (Public Law 105-263; 112 Stat. 2346) 
     to provide payments for the environmental restoration 
     programs under this Act; and
       ``(E) the enactment of section 382 of the Tax Relief and 
     Health Care Act of 2006 (Public Law 109-432; 120 Stat. 3045), 
     which amended the Southern Nevada Public Land Management Act 
     of 1998 (Public Law 105-263; 112 Stat. 2346) to authorize 
     development and implementation of a comprehensive 10-year 
     hazardous fuels and fire prevention plan for the Lake Tahoe 
     Basin;
       ``(11) the Assistant Secretary was an original signatory in 
     1997 to the Agreement of Federal Departments on Protection of 
     the Environment and Economic Health of the Lake Tahoe Basin;
       ``(12) the Chief of Engineers, under direction from the 
     Assistant Secretary, has continued to be a significant 
     contributor to Lake Tahoe Basin restoration, including--
       ``(A) stream and wetland restoration; and
       ``(B) programmatic technical assistance;
       ``(13) at the Lake Tahoe Presidential Forum in 1997, the 
     President renewed the commitment of the Federal Government to 
     Lake Tahoe by--
       ``(A) committing to increased Federal resources for 
     ecological restoration at Lake Tahoe; and
       ``(B) establishing the Federal Interagency Partnership and 
     Federal Advisory Committee to consult on natural resources 
     issues concerning the Lake Tahoe Basin;
       ``(14) at the 2011 and 2012 Lake Tahoe Forums, Senator 
     Reid, Senator Feinstein, Senator Heller, Senator Ensign, 
     Governor Gibbons, Governor Sandoval, and Governor Brown--
       ``(A) renewed their commitment to Lake Tahoe; and
       ``(B) expressed their desire to fund the Federal and State 
     shares of the Environmental Improvement Program through 2022;
       ``(15) since 1997, the Federal Government, the States of 
     California and Nevada, units of local government, and the 
     private sector have contributed more than $1,740,000,000 to 
     the Lake Tahoe Basin, including--
       ``(A) $576,300,000 from the Federal Government;
       ``(B) $654,600,000 from the State of California;
       ``(C) $112,500,000 from the State of Nevada;
       ``(D) $74,900,000 from units of local government; and
       ``(E) $323,700,000 from private interests;
       ``(16) significant additional investment from Federal, 
     State, local, and private sources is necessary--
       ``(A) to restore and sustain the ecological health of the 
     Lake Tahoe Basin;
       ``(B) to adapt to the impacts of fluctuating water 
     temperature and precipitation; and
       ``(C) to prevent the introduction and establishment of 
     invasive species in the Lake Tahoe Basin; and
       ``(17) the Secretary has indicated that the Lake Tahoe 
     Basin Management Unit has the capacity for at least 
     $10,000,000 annually for the Fire Risk Reduction and Forest 
     Management Program.
       ``(b) Purposes.--The purposes of this Act are--
       ``(1) to enable the Chief of the Forest Service, the 
     Director of the United States Fish and Wildlife Service, and 
     the Administrator, in cooperation with the Planning Agency 
     and the States of California and Nevada, to fund, plan, and 
     implement significant new environmental restoration 
     activities and forest management activities in the Lake Tahoe 
     Basin;
       ``(2) to ensure that Federal, State, local, regional, 
     tribal, and private entities continue to work together to 
     manage land in the Lake Tahoe Basin;
       ``(3) to support local governments in efforts related to 
     environmental restoration, stormwater pollution control, fire 
     risk reduction, and forest management activities; and
       ``(4) to ensure that agency and science community 
     representatives in the Lake Tahoe Basin work together--
       ``(A) to develop and implement a plan for integrated 
     monitoring, assessment, and applied research to evaluate the 
     effectiveness of the Environmental Improvement Program; and
       ``(B) to provide objective information as a basis for 
     ongoing decisionmaking, with an emphasis on decisionmaking 
     relating to resource management in the Lake Tahoe Basin.''.

     SEC. 7622. DEFINITIONS.

       The Lake Tahoe Restoration Act (Public Law 106-506; 114 
     Stat. 2351) is amended by striking section 3 and inserting 
     the following:

     ``SEC. 3. DEFINITIONS.

       ``In this Act:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Environmental Protection Agency.
       ``(2) Assistant secretary.--The term `Assistant Secretary' 
     means the Assistant Secretary of the Army for Civil Works.
       ``(3) Chair.--The term `Chair' means the Chair of the 
     Federal Partnership.
       ``(4) Compact.--The term `Compact' means the Tahoe Regional 
     Planning Compact included in the first section of Public Law 
     96-551 (94 Stat. 3233).
       ``(5) Directors.--The term `Directors' means--
       ``(A) the Director of the United States Fish and Wildlife 
     Service; and
       ``(B) the Director of the United States Geological Survey.
       ``(6) Environmental improvement program.--The term 
     `Environmental Improvement Program' means--
       ``(A) the Environmental Improvement Program adopted by the 
     Planning Agency; and
       ``(B) any amendments to the Program.
       ``(7) Environmental threshold carrying capacity.--The term 
     `environmental threshold carrying capacity' has the meaning 
     given the term in Article II of the Compact.
       ``(8) Federal partnership.--The term `Federal Partnership' 
     means the Lake Tahoe Federal Interagency Partnership 
     established by Executive Order 13057 (62 Fed. Reg. 41249) (or 
     a successor Executive order).
       ``(9) Forest management activity.--The term `forest 
     management activity' includes--
       ``(A) prescribed burning for ecosystem health and hazardous 
     fuels reduction;
       ``(B) mechanical and minimum tool treatment;
       ``(C) stream environment zone restoration and other 
     watershed and wildlife habitat enhancements;
       ``(D) nonnative invasive species management; and
       ``(E) other activities consistent with Forest Service 
     practices, as the Secretary determines to be appropriate.
       ``(10) Maps.--The term `Maps' means the maps--
       ``(A) entitled--
       ``(i) `LTRA USFS-CA Land Exchange/North Shore';
       ``(ii) `USFS-CA Land Exchange/West Shore'; and
       ``(iii) `USFS-CA Land Exchange/South Shore'; and
       ``(B) dated April 12, 2013, and on file and available for 
     public inspection in the appropriate offices of--
       ``(i) the Forest Service;
       ``(ii) the California Tahoe Conservancy; and
       ``(iii) the California Department of Parks and Recreation.
       ``(11) National wildland fire code.--The term `national 
     wildland fire code' means--
       ``(A) the most recent publication of the National Fire 
     Protection Association codes numbered 1141, 1142, 1143, and 
     1144;
       ``(B) the most recent publication of the International 
     Wildland-Urban Interface Code of the International Code 
     Council; or

[[Page S5353]]

       ``(C) any other code that the Secretary determines provides 
     the same, or better, standards for protection against 
     wildland fire as a code described in subparagraph (A) or (B).
       ``(12) Planning agency.--The term `Planning Agency' means 
     the Tahoe Regional Planning Agency established under Public 
     Law 91-148 (83 Stat. 360) and Public Law 96-551 (94 Stat. 
     3233).
       ``(13) Priority list.--The term `Priority List' means the 
     environmental restoration priority list developed under 
     section 5(b).
       ``(14) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.
       ``(15) Stream environment zone.--The term `Stream 
     Environment Zone' means an area that generally owes the 
     biological and physical characteristics of the area to the 
     presence of surface water or groundwater.
       ``(16) Total maximum daily load.--The term `total maximum 
     daily load' means the total maximum daily load allocations 
     adopted under section 303(d) of the Federal Water Pollution 
     Control Act (33 U.S.C. 1313(d)).
       ``(17) Watercraft.--The term `watercraft' means motorized 
     and non-motorized watercraft, including boats, seaplanes, 
     personal watercraft, kayaks, and canoes.''.

     SEC. 7623. IMPROVED ADMINISTRATION OF THE LAKE TAHOE BASIN 
                   MANAGEMENT UNIT.

       Section 4 of the Lake Tahoe Restoration Act (Public Law 
     106-506; 114 Stat. 2353) is amended--
       (1) in subsection (b)(3), by striking ``basin'' and 
     inserting ``Basin''; and
       (2) by adding at the end the following:
       ``(c) Forest Management Activities.--
       ``(1) Coordination.--
       ``(A) In general.--In conducting forest management 
     activities in the Lake Tahoe Basin Management Unit, the 
     Secretary shall, as appropriate, coordinate with the 
     Administrator and State and local agencies and organizations, 
     including local fire departments and volunteer groups.
       ``(B) Goals.--The coordination of activities under 
     subparagraph (A) should aim to increase efficiencies and 
     maximize the compatibility of management practices across 
     public property boundaries.
       ``(2) Multiple benefits.--
       ``(A) In general.--In conducting forest management 
     activities in the Lake Tahoe Basin Management Unit, the 
     Secretary shall conduct the activities in a manner that--
       ``(i) except as provided in subparagraph (B), attains 
     multiple ecosystem benefits, including--

       ``(I) reducing forest fuels;
       ``(II) maintaining biological diversity;
       ``(III) improving wetland and water quality, including in 
     Stream Environment Zones; and
       ``(IV) increasing resilience to changing water temperature 
     and precipitation; and

       ``(ii) helps achieve and maintain the environmental 
     threshold carrying capacities established by the Planning 
     Agency.
       ``(B) Exception.--Notwithstanding subparagraph (A)(i), the 
     attainment of multiple ecosystem benefits shall not be 
     required if the Secretary determines that management for 
     multiple ecosystem benefits would excessively increase the 
     cost of a program in relation to the additional ecosystem 
     benefits gained from the management activity.
       ``(3) Ground disturbance.--Consistent with applicable 
     Federal law and Lake Tahoe Basin Management Unit land and 
     resource management plan direction, the Secretary shall--
       ``(A) establish post-program ground condition criteria for 
     ground disturbance caused by forest management activities; 
     and
       ``(B) provide for monitoring to ascertain the attainment of 
     the post-program conditions.
       ``(d) Withdrawal of Federal Land.--
       ``(1) In general.--Subject to valid existing rights and 
     paragraph (2), the Federal land located in the Lake Tahoe 
     Basin Management Unit is withdrawn from--
       ``(A) all forms of entry, appropriation, or disposal under 
     the public land laws;
       ``(B) location, entry, and patent under the mining laws; 
     and
       ``(C) disposition under all laws relating to mineral and 
     geothermal leasing.
       ``(2) Exceptions.--A conveyance of land shall be exempt 
     from withdrawal under this subsection if carried out under--
       ``(A) this Act; or
       ``(B) Public Law 96-586 (94 Stat. 3381) (commonly known as 
     the `Santini-Burton Act').
       ``(e) Environmental Threshold Carrying Capacity.--The Lake 
     Tahoe Basin Management Unit shall support the attainment of 
     the environmental threshold carrying capacities.
       ``(f) Cooperative Authorities.--During the 4 fiscal years 
     following the date of enactment of the Water Resources 
     Development Act of 2016, the Secretary, in conjunction with 
     land adjustment programs, may enter into contracts and 
     cooperative agreements with States, units of local 
     government, and other public and private entities to provide 
     for fuel reduction, erosion control, reforestation, Stream 
     Environment Zone restoration, and similar management 
     activities on Federal land and non-Federal land within the 
     programs.''.

     SEC. 7624. AUTHORIZED PROGRAMS.

       The Lake Tahoe Restoration Act (Public Law 106-506; 114 
     Stat. 2351) is amended by striking section 5 and inserting 
     the following:

     ``SEC. 5. AUTHORIZED PROGRAMS.

       ``(a) In General.--The Secretary, the Assistant Secretary, 
     the Directors, and the Administrator, in coordination with 
     the Planning Agency and the States of California and Nevada, 
     may carry out or provide financial assistance to any program 
     that--
       ``(1) is described in subsection (d);
       ``(2) is included in the Priority List under subsection 
     (b); and
       ``(3) furthers the purposes of the Environmental 
     Improvement Program if the program has been subject to 
     environmental review and approval, respectively, as required 
     under Federal law, Article VII of the Compact, and State law, 
     as applicable.
       ``(b) Priority List.--
       ``(1) Deadline.--Not later than March 15 of the year after 
     the date of enactment of the Water Resources Development Act 
     of 2016, the Chair, in consultation with the Secretary, the 
     Administrator, the Directors, the Planning Agency, the States 
     of California and Nevada, the Federal Partnership, the Washoe 
     Tribe, the Lake Tahoe Federal Advisory Committee, and the 
     Tahoe Science Consortium (or a successor organization) shall 
     submit to Congress a prioritized Environmental Improvement 
     Program list for the Lake Tahoe Basin for each program 
     category described in subsection (d).
       ``(2) Criteria.--The ranking of the Priority List shall be 
     based on the best available science and the following 
     criteria:
       ``(A) The 4-year threshold carrying capacity evaluation.
       ``(B) The ability to measure progress or success of the 
     program.
       ``(C) The potential to significantly contribute to the 
     achievement and maintenance of the environmental threshold 
     carrying capacities identified in Article II of the Compact.
       ``(D) The ability of a program to provide multiple 
     benefits.
       ``(E) The ability of a program to leverage non-Federal 
     contributions.
       ``(F) Stakeholder support for the program.
       ``(G) The justification of Federal interest.
       ``(H) Agency priority.
       ``(I) Agency capacity.
       ``(J) Cost-effectiveness.
       ``(K) Federal funding history.
       ``(3) Revisions.--The Priority List submitted under 
     paragraph (1) shall be revised every 2 years.
       ``(4) Funding.--Of the amounts made available under section 
     10(a), $80,000,000 shall be made available to the Secretary 
     to carry out projects listed on the Priority List.
       ``(c) Restriction.--The Administrator shall use not more 
     than 3 percent of the funds provided under subsection (a) for 
     administering the programs described in paragraphs (1) and 
     (2) of subsection (d).
       ``(d) Description of Activities.--
       ``(1) Fire risk reduction and forest management.--
       ``(A) In general.--Of the amounts made available under 
     section 10(a), $150,000,000 shall be made available to the 
     Secretary to carry out, including by making grants, the 
     following programs:
       ``(i) Programs identified as part of the Lake Tahoe Basin 
     Multi-Jurisdictional Fuel Reduction and Wildfire Prevention 
     Strategy 10-Year Plan.
       ``(ii) Competitive grants for fuels work to be awarded by 
     the Secretary to communities that have adopted national 
     wildland fire codes to implement the applicable portion of 
     the 10-year plan described in clause (i).
       ``(iii) Biomass programs, including feasibility 
     assessments.
       ``(iv) Angora Fire Restoration under the jurisdiction of 
     the Secretary.
       ``(v) Washoe Tribe programs on tribal lands within the Lake 
     Tahoe Basin.
       ``(vi) Development of an updated Lake Tahoe Basin 
     multijurisdictional fuel reduction and wildfire prevention 
     strategy, consistent with section 4(c).
       ``(vii) Development of updated community wildfire 
     protection plans by local fire districts.
       ``(viii) Municipal water infrastructure that significantly 
     improves the firefighting capability of local government 
     within the Lake Tahoe Basin.
       ``(ix) Stewardship end result contracting projects carried 
     out under section 604 of the Healthy Forests Restoration Act 
     of 2003 (16 U.S.C. 6591c).
       ``(B) Minimum allocation.--Of the amounts made available to 
     the Secretary to carry out subparagraph (A), at least 
     $100,000,000 shall be used by the Secretary for programs 
     under subparagraph (A)(i).
       ``(C) Priority.--Units of local government that have 
     dedicated funding for inspections and enforcement of 
     defensible space regulations shall be given priority for 
     amounts provided under this paragraph.
       ``(D) Cost-sharing requirements.--
       ``(i) In general.--As a condition on the receipt of funds, 
     communities or local fire districts that receive funds under 
     this paragraph shall provide a 25-percent match.
       ``(ii) Form of non-federal share.--

       ``(I) In general.--The non-Federal share required under 
     clause (i) may be in the form of cash contributions or in-
     kind contributions, including providing labor, equipment, 
     supplies, space, and other operational needs.
       ``(II) Credit for certain dedicated funding.--There shall 
     be credited toward the non-Federal share required under 
     clause (i) any dedicated funding of the communities or local 
     fire districts for a fuels reduction management program, 
     defensible space inspections, or dooryard chipping.
       ``(III) Documentation.--Communities and local fire 
     districts shall--

[[Page S5354]]

       ``(aa) maintain a record of in-kind contributions that 
     describes--
       ``(AA) the monetary value of the in-kind contributions; and
       ``(BB) the manner in which the in-kind contributions assist 
     in accomplishing program goals and objectives; and
       ``(bb) document in all requests for Federal funding, and 
     include in the total program budget, evidence of the 
     commitment to provide the non-Federal share through in-kind 
     contributions.
       ``(2) Invasive species management.--
       ``(A) In general.--Of the amounts made available under 
     section 10(a), $45,000,000 shall be made available to the 
     Director of the United States Fish and Wildlife Service for 
     the Aquatic Invasive Species Program and the watercraft 
     inspections described in subparagraph (B).
       ``(B) Description of activities.--The Director of the 
     United States Fish and Wildlife Service, in coordination with 
     the Assistant Secretary, the Planning Agency, the California 
     Department of Fish and Wildlife, and the Nevada Department of 
     Wildlife, shall deploy strategies consistent with the Lake 
     Tahoe Aquatic Invasive Species Management Plan to prevent the 
     introduction or spread of aquatic invasive species in the 
     Lake Tahoe region.
       ``(C) Criteria.--The strategies referred to in subparagraph 
     (B) shall provide that--
       ``(i) combined inspection and decontamination stations be 
     established and operated at not less than 2 locations in the 
     Lake Tahoe region; and
       ``(ii) watercraft not be allowed to launch in waters of the 
     Lake Tahoe region if the watercraft has not been inspected in 
     accordance with the Lake Tahoe Aquatic Invasive Species 
     Management Plan.
       ``(D) Certification.--The Planning Agency may certify State 
     and local agencies to perform the decontamination activities 
     described in subparagraph (C)(i) at locations outside the 
     Lake Tahoe Basin if standards at the sites meet or exceed 
     standards for similar sites in the Lake Tahoe Basin 
     established under this paragraph.
       ``(E) Applicability.--The strategies and criteria developed 
     under this paragraph shall apply to all watercraft to be 
     launched on water within the Lake Tahoe region.
       ``(F) Fees.--The Director of the United States Fish and 
     Wildlife Service may collect and spend fees for 
     decontamination only at a level sufficient to cover the costs 
     of operation of inspection and decontamination stations under 
     this paragraph.
       ``(G) Civil penalties.--
       ``(i) In general.--Any person that launches, attempts to 
     launch, or facilitates launching of watercraft not in 
     compliance with strategies deployed under this paragraph 
     shall be liable for a civil penalty in an amount not to 
     exceed $1,000 per violation.
       ``(ii) Other authorities.--Any penalties assessed under 
     this subparagraph shall be separate from penalties assessed 
     under any other authority.
       ``(H) Limitation.--The strategies and criteria under 
     subparagraphs (B) and (C), respectively, may be modified if 
     the Secretary of the Interior, in a nondelegable capacity and 
     in consultation with the Planning Agency and State 
     governments, issues a determination that alternative measures 
     will be no less effective at preventing introduction of 
     aquatic invasive species into Lake Tahoe than the strategies 
     and criteria developed under subparagraphs (B) and (C), 
     respectively.
       ``(I) Supplemental authority.--The authority under this 
     paragraph is supplemental to all actions taken by non-Federal 
     regulatory authorities.
       ``(J) Savings clause.--Nothing in this title restricts, 
     affects, or amends any other law or the authority of any 
     department, instrumentality, or agency of the United States, 
     or any State or political subdivision thereof, respecting the 
     control of invasive species.
       ``(3) Stormwater management, erosion control, and total 
     watershed restoration.--Of the amounts made available under 
     section 10(a), $113,000,000 shall be made available--
       ``(A) to the Secretary, the Secretary of the Interior, the 
     Assistant Secretary, or the Administrator for the Federal 
     share of stormwater management and related programs 
     consistent with the adopted Total Maximum Daily Load and 
     near-shore water quality goals;
       ``(B) for grants by the Secretary and the Administrator to 
     carry out the programs described in subparagraph (A);
       ``(C) to the Secretary or the Assistant Secretary for the 
     Federal share of the Upper Truckee River restoration programs 
     and other watershed restoration programs identified in the 
     Priority List established under section 5(b); and
       ``(D) for grants by the Administrator to carry out the 
     programs described in subparagraph (C).
       ``(4) Special status species management.--Of the amounts 
     made available under section 10(a), $20,000,000 shall be made 
     available to the Director of the United States Fish and 
     Wildlife Service for the Lahontan Cutthroat Trout Recovery 
     Program.''.

     SEC. 7625. PROGRAM PERFORMANCE AND ACCOUNTABILITY.

       The Lake Tahoe Restoration Act (Public Law 106-506; 114 
     Stat. 2351) is amended by striking section 6 and inserting 
     the following:

     ``SEC. 6. PROGRAM PERFORMANCE AND ACCOUNTABILITY.

       ``(a) Program Performance and Accountability.--
       ``(1) In general.--Of the amounts made available under 
     section 10(a), not less than $5,000,000 shall be made 
     available to the Secretary to carry out this section.
       ``(2) Planning agency.--Of the amounts described in 
     paragraph (1), not less than 50 percent shall be made 
     available to the Planning Agency to carry out the program 
     oversight and coordination activities established under 
     subsection (d).
       ``(b) Consultation.--In carrying out this Act, the 
     Secretary, the Administrator, and the Directors shall, as 
     appropriate and in a timely manner, consult with the heads of 
     the Washoe Tribe, applicable Federal, State, regional, and 
     local governmental agencies, and the Lake Tahoe Federal 
     Advisory Committee.
       ``(c) Corps of Engineers; Interagency Agreements.--
       ``(1) In general.--The Assistant Secretary may enter into 
     interagency agreements with non-Federal interests in the Lake 
     Tahoe Basin to use Lake Tahoe Partnership-Miscellaneous 
     General Investigations funds to provide programmatic 
     technical assistance for the Environmental Improvement 
     Program.
       ``(2) Local cooperation agreements.--
       ``(A) In general.--Before providing technical assistance 
     under this section, the Assistant Secretary shall enter into 
     a local cooperation agreement with a non-Federal interest to 
     provide for the technical assistance.
       ``(B) Components.--The agreement entered into under 
     subparagraph (A) shall--
       ``(i) describe the nature of the technical assistance;
       ``(ii) describe any legal and institutional structures 
     necessary to ensure the effective long-term viability of the 
     end products by the non-Federal interest; and
       ``(iii) include cost-sharing provisions in accordance with 
     subparagraph (C).
       ``(C) Federal share.--
       ``(i) In general.--The Federal share of program costs under 
     each local cooperation agreement under this paragraph shall 
     be 65 percent.
       ``(ii) Form.--The Federal share may be in the form of 
     reimbursements of program costs.
       ``(iii) Credit.--The non-Federal interest may receive 
     credit toward the non-Federal share for the reasonable costs 
     of related technical activities completed by the non-Federal 
     interest before entering into a local cooperation agreement 
     with the Assistant Secretary under this paragraph.
       ``(d) Effectiveness Evaluation and Monitoring.--In carrying 
     out this Act, the Secretary, the Administrator, and the 
     Directors, in coordination with the Planning Agency and the 
     States of California and Nevada, shall--
       ``(1) develop and implement a plan for integrated 
     monitoring, assessment, and applied research to evaluate the 
     effectiveness of the Environmental Improvement Program;
       ``(2) include funds in each program funded under this 
     section for monitoring and assessment of results at the 
     program level; and
       ``(3) use the integrated multiagency performance measures 
     established under this section.
       ``(e) Reporting Requirements.--Not later than March 15 of 
     each year, the Secretary, in cooperation with the Chair, the 
     Administrator, the Directors, the Planning Agency, and the 
     States of California and Nevada, consistent with subsection 
     (a), shall submit to Congress a report that describes--
       ``(1) the status of all Federal, State, local, and private 
     programs authorized under this Act, including to the maximum 
     extent practicable, for programs that will receive Federal 
     funds under this Act during the current or subsequent fiscal 
     year--
       ``(A) the program scope;
       ``(B) the budget for the program; and
       ``(C) the justification for the program, consistent with 
     the criteria established in section 5(b)(2);
       ``(2) Federal, State, local, and private expenditures in 
     the preceding fiscal year to implement the Environmental 
     Improvement Program;
       ``(3) accomplishments in the preceding fiscal year in 
     implementing this Act in accordance with the performance 
     measures and other monitoring and assessment activities; and
       ``(4) public education and outreach efforts undertaken to 
     implement programs authorized under this Act.
       ``(f) Annual Budget Plan.--As part of the annual budget of 
     the President, the President shall submit information 
     regarding each Federal agency involved in the Environmental 
     Improvement Program (including the Forest Service, the 
     Environmental Protection Agency, the United States Fish and 
     Wildlife Service, the United States Geological Survey, and 
     the Corps of Engineers), including--
       ``(1) an interagency crosscut budget that displays the 
     proposed budget for use by each Federal agency in carrying 
     out restoration activities relating to the Environmental 
     Improvement Program for the following fiscal year;
       ``(2) a detailed accounting of all amounts received and 
     obligated by Federal agencies to achieve the goals of the 
     Environmental Improvement Program during the preceding fiscal 
     year; and

[[Page S5355]]

       ``(3) a description of the Federal role in the 
     Environmental Improvement Program, including the specific 
     role of each agency involved in the restoration of the Lake 
     Tahoe Basin.''.

     SEC. 7626. CONFORMING AMENDMENTS; UPDATES TO RELATED LAWS.

       (a) Lake Tahoe Restoration Act.--The Lake Tahoe Restoration 
     Act (Public Law 106-506; 114 Stat. 2351) is amended--
       (1) by striking sections 8 and 9;
       (2) by redesignating sections 10, 11, and 12 as sections 8, 
     9, and 10, respectively; and
       (3) in section 9 (as redesignated by paragraph (2)) by 
     inserting ``, Director, or Administrator'' after 
     ``Secretary''.
       (b) Tahoe Regional Planning Compact.--Subsection (c) of 
     Article V of the Tahoe Regional Planning Compact (Public Law 
     96-551; 94 Stat. 3240) is amended in the third sentence by 
     inserting ``and, in so doing, shall ensure that the regional 
     plan reflects changing economic conditions and the economic 
     effect of regulation on commerce'' after ``maintain the 
     regional plan''.
       (c) Treatment Under Title 49, United States Code.--Section 
     5303(r)(2)(C) of title 49, United States Code, is amended--
       (1) by inserting ``and 25 square miles of land area'' after 
     ``145,000''; and
       (2) by inserting ``and 12 square miles of land area'' after 
     ``65,000''.

     SEC. 7627. AUTHORIZATION OF APPROPRIATIONS.

       The Lake Tahoe Restoration Act (Public Law 106-506; 114 
     Stat. 2351) is amended by striking section 10 (as 
     redesignated by section 7626(a)(2)) and inserting the 
     following:

     ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this Act $415,000,000 for a 
     period of 10 fiscal years beginning the first fiscal year 
     after the date of enactment of the Water Resources 
     Development Act of 2016.
       ``(b) Effect on Other Funds.--Amounts authorized under this 
     section and any amendments made by this Act--
       ``(1) shall be in addition to any other amounts made 
     available to the Secretary, the Administrator, or the 
     Directors for expenditure in the Lake Tahoe Basin; and
       ``(2) shall not reduce allocations for other Regions of the 
     Forest Service, the Environmental Protection Agency, or the 
     United States Fish and Wildlife Service.
       ``(c) Cost-Sharing Requirement.--Except as provided in 
     subsection (d) and section 5(d)(1)(D), funds for activities 
     carried out under section 5 shall be available for obligation 
     on a 1-to-1 basis with funding of restoration activities in 
     the Lake Tahoe Basin by the States of California and Nevada.
       ``(d) Relocation Costs.--Notwithstanding subsection (c), 
     the Secretary shall provide to local utility districts \2/3\ 
     of the costs of relocating facilities in connection with--
       ``(1) environmental restoration programs under sections 5 
     and 6; and
       ``(2) erosion control programs under section 2 of Public 
     Law 96-586 (94 Stat. 3381).
       ``(e) Signage.--To the maximum extent practicable, a 
     program provided assistance under this Act shall include 
     appropriate signage at the program site that--
       ``(1) provides information to the public on--
       ``(A) the amount of Federal funds being provided to the 
     program; and
       ``(B) this Act; and
       ``(2) displays the visual identity mark of the 
     Environmental Improvement Program.''.

     SEC. 7628. LAND TRANSFERS TO IMPROVE MANAGEMENT EFFICIENCIES 
                   OF FEDERAL AND STATE LAND.

       Section 3(b) of Public Law 96-586 (94 Stat. 3384) (commonly 
     known as the ``Santini-Burton Act'') is amended--
       (1) by striking ``(b) Lands'' and inserting the following:
       ``(b) Administration of Acquired Land.--
       ``(1) In general.--Land''; and
       (2) by adding at the end the following:
       ``(2) California conveyances.--
       ``(A) In general.--If the State of California (acting 
     through the California Tahoe Conservancy and the California 
     Department of Parks and Recreation) offers to donate to the 
     United States acceptable title to the non-Federal land 
     described in subparagraph (B)(i), the Secretary--
       ``(i) may accept the offer; and
       ``(ii) not later than 180 days after the date on which the 
     Secretary receives acceptable title to the non-Federal land 
     described in subparagraph (B)(i), convey to the State of 
     California, subject to valid existing rights and for no 
     consideration, all right, title, and interest of the United 
     States in and to the Federal land that is acceptable to the 
     State of California.
       ``(B) Description of land.--
       ``(i) Non-federal land.--The non-Federal land referred to 
     in subparagraph (A) includes--

       ``(I) the approximately 1,981 acres of land administered by 
     the California Tahoe Conservancy and identified on the Maps 
     as `Conservancy to the United States Forest Service'; and
       ``(II) the approximately 187 acres of land administered by 
     California State Parks and identified on the Maps as `State 
     Parks to the U.S. Forest Service'.

       ``(ii) Federal land.--The Federal land referred to in 
     subparagraph (A) includes the approximately 1,995 acres of 
     Forest Service land identified on the Maps as `U.S. Forest 
     Service to Conservancy and State Parks'.
       ``(C) Conditions.--Any land conveyed under this paragraph 
     shall--
       ``(i) be for the purpose of consolidating Federal and State 
     ownerships and improving management efficiencies;
       ``(ii) not result in any significant changes in the uses of 
     the land; and
       ``(iii) be subject to the condition that the applicable 
     deed include such terms, restrictions, covenants, conditions, 
     and reservations as the Secretary determines necessary--

       ``(I) to ensure compliance with this Act; and
       ``(II) to ensure that the transfer of development rights 
     associated with the conveyed parcels shall not be recognized 
     or available for transfer under chapter 51 of the Code of 
     Ordinances for the Tahoe Regional Planning Agency.

       ``(3) Nevada conveyances.--
       ``(A) In general.--In accordance with this section and on 
     request by the Governor of Nevada, the Secretary may transfer 
     the land or interests in land described in subparagraph (B) 
     to the State of Nevada without consideration, subject to 
     appropriate deed restrictions to protect the environmental 
     quality and public recreational use of the land transferred.
       ``(B) Description of land.--The land referred to in 
     subparagraph (A) includes--
       ``(i) the approximately 38.68 acres of Forest Service land 
     identified on the map entitled `State of Nevada Conveyances' 
     as `Van Sickle Unit USFS Inholding'; and
       ``(ii) the approximately 92.28 acres of Forest Service land 
     identified on the map entitled `State of Nevada Conveyances' 
     as `Lake Tahoe Nevada State Park USFS Inholding'.
       ``(C) Conditions.--Any land conveyed under this paragraph 
     shall--
       ``(i) be for the purpose of consolidating Federal and State 
     ownerships and improving management efficiencies;
       ``(ii) not result in any significant changes in the uses of 
     the land; and
       ``(iii) be subject to the condition that the applicable 
     deed include such terms, restrictions, covenants, conditions, 
     and reservations as the Secretary determines necessary--

       ``(I) to ensure compliance with this Act; and
       ``(II) to ensure that the development rights associated 
     with the conveyed parcels shall not be recognized or 
     available for transfer under section 90.2 of the Code of 
     Ordinances for the Tahoe Regional Planning Agency.

       ``(4) Reversion.--If a parcel of land transferred under 
     paragraph (2) or (3) is used in a manner that is inconsistent 
     with the use described for the parcel of land in paragraph 
     (2) or (3), respectively, the parcel of land, shall, at the 
     discretion of the Secretary, revert to the United States.
       ``(5) Funding.--
       ``(A) In general.--Of the amounts made available under 
     section 10(a) of the Lake Tahoe Restoration Act (Public Law 
     106-506; 114 Stat. 2351), $2,000,000 shall be made available 
     to the Secretary to carry out the activities under paragraphs 
     (2) and (3).
       ``(B) Other funds.--Of the amounts available to the 
     Secretary under paragraph (1), not less than 50 percent shall 
     be provided to the California Tahoe Conservancy to facilitate 
     the conveyance of land described in paragraphs (2) and 
     (3).''.

                PART III--LONG ISLAND SOUND RESTORATION

     SEC. 7631. RESTORATION AND STEWARDSHIP 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 (b), by striking the subsection 
     designation and heading and all that follows through ``The 
     Office shall'' and inserting the following:
       ``(b) Office.--
       ``(1) Establishment.--The Administrator shall--
       ``(A) continue to carry out the conference study; and
       ``(B) establish an office, to be located on or near Long 
     Island Sound.
       ``(2) Administration and staffing.--The Office shall'';
       (2) 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 impacts on the Long Island Sound 
     watershed, including--
       ``(i) the identification and assessment of vulnerabilities 
     in the watershed;
       ``(ii) the development and implementation of adaptation 
     strategies to reduce those vulnerabilities; and
       ``(iii) the identification and assessment of the impacts of 
     sea level rise on water quality, habitat, and infrastructure; 
     and
       ``(K) planning initiatives for Long Island Sound that 
     identify the areas that are most suitable for various types 
     or classes of activities in order to reduce conflicts among 
     uses, reduce adverse environmental impacts, facilitate 
     compatible uses, or preserve critical ecosystem services to 
     meet economic, environmental, security, or social 
     objectives;'';

[[Page S5356]]

       (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 the Internet)'' 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'';
       (3) in subsection (d)(3), in the second sentence, by 
     striking ``50 per centum'' and inserting ``60 percent'';
       (4) by redesignating subsection (f) as subsection (i); and
       (5) by inserting after subsection (e) the following:
       ``(f) Report.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of the Water Resources Development Act of 2016, 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 the Internet.
       ``(g) Annual Budget Plan.--The President shall submit, 
     together with the annual budget of the United States 
     Government submitted under section 1105(a) of title 31, 
     United States Code, information regarding each Federal 
     department and agency involved in the protection and 
     restoration of the Long Island Sound watershed, including--
       ``(1) an interagency crosscut budget that displays for each 
     department and agency--
       ``(A) the amount obligated during the preceding fiscal year 
     for protection and restoration projects and studies relating 
     to the watershed;
       ``(B) the estimated budget for the current fiscal year for 
     protection and restoration projects and studies relating to 
     the watershed; and
       ``(C) the proposed budget for succeeding fiscal years for 
     protection and restoration projects and studies relating to 
     the watershed; and
       ``(2) a summary of any proposed modifications to the Long 
     Island Sound Comprehensive Conservation and Management Plan 
     for the following fiscal year.
       ``(h) Federal Entities.--
       ``(1) Coordination.--The Administrator shall coordinate the 
     actions of all Federal departments and agencies that impact 
     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.
       ``(3) Federal participation in watershed planning.--A 
     Federal department or agency that owns or occupies real 
     property, or carries out activities, within the Long Island 
     Sound watershed shall participate in regional and 
     subwatershed planning, protection, and restoration activities 
     with respect to the watershed.
       ``(4) Consistency with comprehensive conservation and 
     management plan.--To the maximum extent practicable, the head 
     of each Federal department and 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.--
       (1) Long island sound stewardship advisory committee.--
     Section 8 of the Long Island Sound Stewardship Act of 2006 
     (33 U.S.C. 1269 note; Public Law 109-359) is amended--
       (A) in subsection (g), by striking ``2011'' and inserting 
     ``2021''; and
       (B) by adding at the end the following:
       ``(h) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to--
       ``(1) the Advisory Committee; or
       ``(2) any board, committee, or other group established 
     under this Act.''.
       (2) Reports.--Section 9(b)(1) of the Long Island Sound 
     Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law 109-
     359) is amended in the matter preceding subparagraph (A) by 
     striking ``2011'' and inserting ``2021''.
       (3) Authorization.--Section 11 of the Long Island Sound 
     Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law 109-
     359) is amended--
       (A) by striking subsection (a);
       (B) by redesignating subsections (b) through (d) as 
     subsections (a) through (c), respectively; and
       (C) in subsection (a) (as so redesignated), by striking 
     ``under this section each'' and inserting ``to carry out this 
     Act for a''.
       (4) Effective date.--The amendments made by this subsection 
     take effect on October 1, 2011.

     SEC. 7632. REAUTHORIZATION.

       (a) In General.--There are authorized to be appropriated to 
     the Administrator such sums as are necessary for each of 
     fiscal years 2017 through 2021 for the implementation of--
       (1) section 119 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1269), other than subsection (d) of that section; 
     and
       (2) the Long Island Sound Stewardship Act of 2006 (33 
     U.S.C. 1269 note; Public Law 109-359).
       (b) Long Island Sound Grants.--There is authorized to be 
     appropriated to the Administrator to carry out section 119(d) 
     of the Federal Water Pollution Control Act (33 U.S.C. 
     1269(d)) $40,000,000 for each of fiscal years 2017 through 
     2021.
       (c) Long Island Sound Stewardship Grants.--There is 
     authorized to be appropriated to the Administrator to carry 
     out the Long Island Sound Stewardship Act of 2006 (33 U.S.C. 
     1269 note; Public Law 109-359) $25,000,000 for each of fiscal 
     years 2017 through 2021.

                           Subtitle G--Offset

     SEC. 7701. OFFSET.

       None of the funds available to the Secretary of Energy to 
     provide any credit subsidy under subsection (d) of section 
     136 of the Energy Independence and Security Act of 2007 (42 
     U.S.C. 17013) as of the date of enactment of this Act shall 
     be obligated for new loan commitments under that subsection 
     on or after October 1, 2020.


                Committee-Reported Amendments Withdrawn

  Mr. INHOFE. On behalf of the committee, I withdraw the committee-
reported amendments.
  The PRESIDING OFFICER. The amendments are withdrawn.


                           Amendment No. 4979

               (Purpose: In the nature of a substitute.)

  Mr. McCONNELL. Mr. President, I call up the Inhofe-Boxer substitute 
amendment No. 4979.
  The PRESIDING OFFICER. The clerk will report.
  The senior assistant legislative clerk read as follows:

       The Senator from Kentucky [Mr. McConnell], for Mr. Inhofe, 
     proposes an amendment numbered 4979.

  Mr. McCONNELL. I ask unanimous consent that the reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')


                Amendment No. 4980 to Amendment No. 4979

  Mr. INHOFE. Mr. President, I call up amendment No. 4980.
  The PRESIDING OFFICER. The clerk will report.
  The senior assistant legislative clerk read as follows:

       The Senator from Oklahoma [Mr. Inhofe] proposes an 
     amendment numbered 4980 to amendment No. 4979.

  Mr. INHOFE. I ask unanimous consent that the reading of the amendment 
be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

               (Purpose: To make a technical correction)

       Strike section 6002 and insert the following:

     SEC. 6002. AUTHORIZATION OF PROJECT MODIFICATIONS RECOMMENDED 
                   BY THE SECRETARY.

       The following project modifications for water resources 
     development and conservation and other purposes are 
     authorized to be

[[Page S5357]]

     carried out by the Secretary substantially in accordance with 
     the recommendations of the Director of Civil Works, as 
     specified in the reports referred to in this section:

------------------------------------------------------------------------
                               C. Date of
   A.         B. Name          Director's      D. Updated Authorization
 State                           Report              Project Costs
------------------------------------------------------------------------
1. KS,   Turkey Creek       November 4, 2015  Estimated Federal:
 MO       Basin                                $97,067,750
                                              Estimated Non-Federal:
                                               $55,465,250
                                              Total: $152,533,000
------------------------------------------------------------------------
2. MO    Blue River Basin   November 6, 2015  Estimated Federal:
                                               $34,860,000
                                              Estimated Non-Federal:
                                               $11,620,000
                                              Total: $46,480,000
------------------------------------------------------------------------
3. FL    Picayune Strand    March 9, 2016     Estimated Federal:
                                               $308,983,000
                                              Estimated Non-Federal:
                                               $308,983,000
                                              Total: $617,967,000
------------------------------------------------------------------------
4. KY    Ohio River         March 11, 2016    Estimated Federal:
          Shoreline                            $20,309,900
                                              Estimated Non-Federal:
                                               $10,936,100
                                              Total: $31,246,000
------------------------------------------------------------------------
5. TX    Houston Ship       May 13, 2016      Estimated Federal:
          Channel                              $381,032,000
                                              Estimated Non-Federal:
                                               $127,178,000
                                              Total: $508,210,000
------------------------------------------------------------------------
6. AZ    Rio de Flag,       June 22, 2016     Estimated Federal:
          Flagstaff                            $65,514,650
                                              Estimated Non-Federal:
                                               $35,322,350
                                              Total: $100,837,000
------------------------------------------------------------------------
7. MO    Swope Park         April 21, 2016    Estimated Federal:
          Industrial Area,                     $20,205,250
          Blue River                          Estimated Non-Federal:
                                               $10,879,750
                                              Total: $31,085,000
------------------------------------------------------------------------

  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. INHOFE. Mr. President, I ask unanimous consent I be recognized 
for as much time as I shall consume.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. INHOFE. Mr. President, first of all, let me say something about 
this. I would ask if Senator Boxer would like to be heard before I make 
some remarks on this or if we can have a colloquy, in which case I 
would ask a question. We have done some good things in our committee, 
and we have two different people who don't think alike on a lot of 
issues. However, we both agree that infrastructure is important. We got 
through a highway bill that many people said couldn't be done. It 
hadn't been done since 1998, and we were able to do that significantly. 
We got through the chemical bill, about which a lot of people said 
``No, that is not going to be done,'' and yet we did.
  I look at this, and we have many things right now that should go into 
a WRDA bill. Initially, the Water Resources Development Act was going 
to be coming up every 2 years. We went through a period of time when 
that wasn't the case. Both the minority and the majority of our 
committee, the Environment and Public Works Committee, have agreed that 
we should get back to that 2-year cycle. That is what we are doing 
today.
  I would ask Senator Boxer: Do you agree that we have done a pretty 
good job on some of these and we need to keep going?
  Mrs. BOXER. If I might respond to my friend through the Chair, he 
speaks for me on a lot of these infrastructure issues. It does shock a 
lot of people because they know that the most conservative, the most 
progressive--how could they ever get along? What I tell people is that 
we respect each other's points of view. When we can't agree, we don't 
get personal about it; we accept each other's opinion. Where we can 
work together, we find the sweet spot, and we have done it several 
times.
  In terms of water infrastructure, I want to say that the people in 
this country have a right to have clean water. They have to have ports 
that work and the dredging is kept up with. They have to have ecosystem 
restoration where our marshlands are--we are losing them, and they are 
flood controlled. And many, many Corps of Engineers reports that have 
been done--we don't want them to sit around because, as my dear friend 
knows, if we don't pass WRDA, there is no authority for the Corps to 
move forward.
  We have these projects all over. So this bill is about saving lives 
from floods, saving lives from lead in water. It is about major 
economic benefits to our Nation.
  I would say, with my friend's support and my support back to him, we 
created this WIFIA program that we based on the TIFIA program--
transportation infrastructure financing. Now we have water 
infrastructure financing. What this does is allow communities to 
leverage the funds that they have, get a very low-interest loan, and 
move forward and make sure that they modernize their water systems.
  I am so pleased that we were able to have this agreement. This is 
another one of our usual ``Perils of Pauline'' where we think we are 
going to the bill, and then we are not. Everybody acted in good faith--
Senator Reid, Senator McConnell, Senator Inhofe and I, and Senators 
from Michigan and Senators from all over the country.
  As I wind down my days here, I am so honored to have this opportunity 
to once again work with my dear friend, and what a pleasure it is. 
People don't get it. They don't get the fact that we actually can set 
aside our differences, which are great, and come together. I know he is 
going to be--regardless of what happens in the election, I think the 
Senator is going to be I think the chairman of Armed Services. Is that 
correct? Maybe--or maybe ranking.
  Mr. INHOFE. A lot of things have not transpired yet.
  Mrs. BOXER. We don't know where he is going to land. What I want to 
say is that wherever he does land, it is going to be a fortunate thing 
for the Democrat who is his partner.
  Working with Senator Inhofe has been so amazing and so productive, 
and this bill is a great symbol of the work we have done together. I am 
so thrilled. I hope that our colleagues will work with us because we 
want to help everybody, but we also want to make sure there are no 
poison pills and no crazy amendments that set us back. We will work 
together on that in good faith.


                    Water Resources Development Act

  Mr. President, I rise today to speak in support of S. 2848, the Water 
Resources Development Act of 2016--WRDA--a bill that will repair our 
aging infrastructure, grow the economy, and create jobs. This 
legislation is the latest in a long list of bipartisan infrastructure 
bills produced by the

[[Page S5358]]

 Environment and Public Works Committee. In April, this bill passed out 
of the EPW Committee with overwhelming support--19 to 1. We have a long 
track record of passing these infrastructure bills into law, and I am 
confident we can do it again with WRDA 2016.
  This bill is desperately needed. As I have often said in recent 
months, the drinking water crisis in Flint, MI, puts a spotlight on our 
Nation's infrastructure challenges. The American Society of Civil 
Engineers rates the Nation's infrastructure a D-plus--hardly a grade to 
be proud of.
  WRDA 2016 responds to our nation's infrastructure crisis. It allows 
additional investment to strengthen levees, dams, and navigation 
channels. It also addresses lead contamination in Flint and similar 
cities across the country that are dealing with aging lead pipes, such 
as Jackson, MS, Sebring, OH, and Durham, NC.
  The American people have a right to expect safe, clean water when 
they turn on their faucets, and sadly, millions of homes across America 
still receive their water from crumbling pipes containing toxins such 
as lead. The American Water Works Association estimates that as many as 
22 million people live in homes that receive water from lead service 
lines.
  This bill begins the much-needed work to ensure safe, reliable 
drinking water for all Americans. It provides $100 million in State 
Revolving Fund loans and grants for communities with a declared 
drinking water emergency. It also provides more than $700 million in 
loans under the Water Infrastructure Finance and Innovation Act, or 
WIFIA, for projects to replace crumbling infrastructure. The WRDA bill 
helps those communities dealing with the horrible effects of lead 
poisoning by investing in public health programs to help families deal 
with the impacts. The bill also changes the law to require that 
communities are quickly notified if high lead levels are found in their 
drinking water to help prevent the mistakes made in Flint from being 
repeated. This bill is a comprehensive response to the national 
infrastructure crisis that was brought to light by the disaster in 
Flint.
  This WRDA bill will also provide many other important benefits to the 
American people, local businesses, and the Nation's economy through the 
critical programs of the U.S. Army Corps of Engineers. For example, the 
bill authorizes over $12 billion for 29 Chief's Reports in 18 States. 
These projects address critical needs for navigation, flood risk 
management, coastal storm damage reduction, and ecosystem restoration.
  The bill authorizes important projects to maintain vital navigation 
routes for commerce and the movement of goods, and builds on the 
reforms to the Harbor Maintenance Trust Fund, HMTF, in the 2014 WRDA 
bill. These include permanently extending prioritization for donor and 
energy transfer ports and emerging harbors, allowing additional ports 
to qualify for these funds, and making clear that the Corps can 
maintain harbors of refuge. Our ports and waterways--which are 
essential to the U.S. economy--moved 2.3 billion tons of goods in 2014.
  In addition to providing major economic benefits, this legislation 
will save lives. Storms and floods in recent years have resulted in the 
loss of life, caused billions of dollars of damage, and wiped out 
entire communities. This bill will help rebuild critical levee systems 
around the country, including levees to protect the capital of my State 
and surrounding communities. WRDA also establishes a new program at 
FEMA to fund the repair of high hazard dams that present a public 
safety threat. These hazardous dams are threatening numerous 
communities across the Nation.
  This bill authorizes and updates programs to advance the restoration 
of some of the nation's most iconic ecosystems, such as Lake Tahoe, the 
Great Lakes, Long Island Sound, the Delaware River, Chesapeake Bay, and 
Puget Sound. It will also help to revitalize the Los Angeles River, 
restore wetlands in San Francisco Bay, and provide critical habitat and 
improve air quality near the Salton Sea in California.
  WRDA also responds to the serious challenges many of our communities 
are facing from ongoing drought. It expands opportunities for local 
communities to work with the Corps to improve operation of dams and 
reservoirs to increase water supplies and better conserve existing 
water resources.
  The bill also builds on legislation I introduced called the Water in 
the 21st Century Act, or W21, to provide essential support for 
development of innovative water technologies, such as desalination and 
water recycling. The bill allows States to provide additional 
incentives for the use of innovative technologies through the State 
Revolving Fund programs, establishes a new innovative water technology 
grant program, and reauthorizes successful existing programs, such as 
the Water Desalination Act.
  WRDA 2016 will invest in our Nation's water infrastructure, create 
jobs in the construction industry, protect our people from flooding, 
enable commerce to move through our ports, encourage innovative 
financing, and begin the hard work of preparing for and responding to 
extreme weather. WRDA 2016 is a truly bipartisan bill that benefits 
every region of this country.
  Let me close by thanking my EPW chairman, Senator Inhofe, for his 
work on this bill. While we do not always agree on every issue, I am 
glad we were able to come together on this vital legislation to pass it 
out of our committee with an overwhelmingly bipartisan vote.
  I urge the Senate to quickly pass this critical legislation, and the 
House to follow suit, so that we can send this bill to the President's 
desk.
  With that, I yield the floor back to my friend. I thank him for 
yielding to me. I look forward to rolling up our sleeves and getting 
this done.
  Mr. INHOFE. Let me thank the Senator from California. Let's continue 
this productivity. We have a chance to do it now on this very 
significant bill. We had a conversation with the leadership, and I 
think she and I and the leadership agree that we can have some 
limitations on amendments. I have been over here asking for our Members 
to bring amendments several times now. Actually, we started this about 
3 weeks ago. I don't have them in my hands yet. I would suggest since 
we have this tentative agreement that all amendments would go through 
the managers--that is, through Senator Boxer and me--that we go ahead 
and say they have to be germane, and if they are not in by noon on 
Friday, no more amendments could come in.
  It seems as though we always have to have deadlines around here to 
get things done. I will be proposing that after I make a few remarks, 
and I think our Members can depend on that being a condition.
  Does that sound reasonable to the Senator?
  Mrs. BOXER. It sounds very fair to me actually.
  Mr. INHOFE. That's good.
  Let's talk a little bit about this because yesterday I talked about 
what is going to happen if we don't pass a WRDA bill. Keep in mind that 
we have gone sometimes as long as 7 or 8 years without passing one. We 
are supposed to do it every 2 years, and I think this could be the time 
that it will become a reality.

  I will repeat what I said yesterday: What will happen if we don't 
have a bill? I think every Member, Democrat and Republican, will be 
affected by this and will be concerned if we don't get this legislation 
passed. First of all, there are 29 navigation flood control and 
environmental restoration projects that will not happen unless we pass 
this bill. There will be no new Corps reforms that will let local 
sponsors improve infrastructure at their own expense. I will talk a 
little bit about that because it is not very often that we have a bill 
where we have to encourage people to let other people pay for what the 
government would normally be paying for. We have come to an agreement 
in this bill, which is a good thing, and it is a good provision.
  If we don't pass the bill, there is not going to be any FEMA 
assistance to the States that need to rehabilitate the unsafe dams.
  If we don't pass the bill, there will be no reforms to help 
communities address clean and safe drinking water infrastructures. I 
come from a State where we have a lot of small rural communities, which 
don't have an abundance of resources. Back when I was mayor of Tulsa, 
the biggest enemy I

[[Page S5359]]

had was unfunded mandates. The Federal Government would come along and 
say ``You have to do this,'' and yet we had to figure out a way to pay 
for it. That is what we are trying to get away from, and this bill 
helps us do that.
  If we don't pass the bill, there will not be new assistance for 
innovative approaches to clean water and drinking water needs, and 
there will be no protection for the coal utilities from runaway coal-
ash lawsuits. We have specifically addressed that.
  I have to admit that there are a lot of things we worked out in this 
bill that Democrats like and the Republicans don't like and Republicans 
don't like and Democrats like, but that is how we got things done. 
Sooner or later there is an outcry out there for us to get things done, 
and this is certainly a good way to encourage these people to 
understand that there is hope in what we are doing.
  I have some charts, and the first one I want to show is the map of 
the inland waterway system. There are 40 States that are directly 
served by ports and waterways maintained by the Corps of Engineers. 
This system handles over 2.3 billion tons of freight each year, and 
this commerce is critical to the United States.
  I invite everyone to look at this chart. This is Tulsa, OK. Everyone 
knows where Oklahoma is. It is kind of in the middle of the United 
States. How many people in America know that we are navigable in Tulsa, 
OK? We have a navigation way that goes all the way up. We are fighting 
to keep the navigation way strong, and that is what this bill is all 
about. If you look at all of the things that are being serviced here--
that is what this bill is all about. That is how far-reaching it is.
  We have to keep our water transportation system operational. For 
example, the senior vice president of Marathon Petroleum Corporation 
told the Environmental Protection Committee, my committee, that they 
have a number of situations up and down the Ohio River where lock gates 
have failed to function and Marathon's barges were stopped for 50 or 60 
days at the cost of millions and millions of dollars. He told us there 
was one lock where the gate literally fell off and took months to 
repair.
  The second chart we have is the Ohio lock repairs. This could be 
anywhere, but this is what it looks like when you get down there. When 
we have lock problems in my State of Oklahoma, I go out there and get 
down there with them and look to see what we can do. But that is fairly 
recent in Oklahoma.
  Look at the Ohio River. I can't tell you how old it is, but you can 
see the repairs that need to take place. This problem is not exclusive 
to the Ohio River. It exists in most major locks throughout the inland 
waterway. These projects are experiencing a slow creep of Federal 
inaction.
  Under the current law, a local sponsor, such as a port, has to wait 
for the Corps to get Federal appropriations and issue Federal contracts 
before locks, dams, and ports can be maintained. Even when a lock gate 
is literally falling off, under current law, they are not allowed to 
use their own money to help out.
  The Corps maintenance budget is stretched thin so WRDA 2016 comes up 
with a solution, and this is a logical solution. In WRDA, the bill that 
we are going to consider and will hopefully pass, we let local 
sponsors, such as ports, either give money to the Corps to carry out 
maintenance or do their own maintenance using their own dollars. This 
is an opportunity. These are not taxpayer dollars, but the need is so 
critical that there are people out there willing to do this, and we 
will be able to do that with the passage of this bill.
  We also have to modernize our ports. We have to invest in our 
Nation's ports now so that American ports can handle larger post-
Panamax vessels. The new vessels that are coming through the Panama 
Canal now are vessels that require a greater depth. Here is a 
comparison. The top is the post-Panamax, and the bottom is what we are 
using today. You can get an idea of the number of containers that they 
can transport.
  This picture shows the current Panamax vessel on the bottom and the 
new post-Panamax vessel on top. As you can see, the post-Panamax vessel 
can handle double the cargo of their predecessor. This increase in 
cargo volume means cheaper shipping costs, which translates into 
cheaper costs for consumers, but in order to achieve this, we have to 
deepen our Nation's strategic ports to accommodate it. WRDA 2016, the 
bill we are talking about now, has a number of provisions that will 
ensure that we grow the economy, increase our competitiveness in the 
global marketplace, and promote long-term prosperity. These provisions 
include important harbor deepening projects for Charleston, SC, Port 
Everglades, FL, Brownsville, TX, and throughout America.
  This chart shows the Charleston Harbor. It is authorized to be 
deepened under this bill. Right now it is 45 feet deep. In order to use 
the Panamax to come into that particular port, it has to be closer to 
51 feet instead of 45 feet. What happens if that doesn't happen? If it 
doesn't happen, they have to go to someplace in the Caribbean where 
they offload the large vessel and divide it up into small vessels, 
which dramatically increases the costs. Anyone who is concerned about 
low costs has to keep in mind that this is a major opportunity not just 
for Charleston Harbor, but for harbors throughout the United States.
  Let's talk about flood control. Let's start with the levees. The 
Corps built 14,700 miles of levees that protect billions of dollars of 
infrastructure and homes. We have some of these levees in my hometown 
of Tulsa, OK. The Corps projects prevent nearly $50 billion a year in 
damages. Many of these levees were built a long time ago, and some have 
recently failed.
  This chart shows the Iowa River levee breach. This is a levee in Iowa 
that was overtopped and eventually breached by disastrous floodwaters. 
In many cases levees like this were constructed by the Army Corps of 
Engineers decades ago and no longer meet the Corps post-Katrina 
engineering design guidelines. Also, FEMA has decided that many of 
these levees don't meet FEMA flood insurance standards. Even though 
they own the levees, a levee district needs permission from the Corps 
to upgrade a levee to meet FEMA standards. Several Members of this body 
have told me that their local levee districts are caught up in a 
bureaucratic nightmare when they try to get that permission from the 
Corps. Well, you shouldn't have to do that. Everyone benefits from 
this. We are streamlining the process to allow levee districts to 
improve their own levees by using their own money to do it in WRDA 
2016. This is nontaxpayer money, and I don't know who could oppose this 
effort.
  There is also an issue with how the Corps rebuilds levees that have 
been damaged by flood. Right now the Corps will rebuild only to the 
preexisting level protection, which may be inadequate and may not meet 
FEMA standards. Einstein defined insanity as doing the same thing over 
and over again and expecting to have different results. To stop this 
insanity of wasting Federal dollars by rebuilding the same inadequate 
levee over and over again, WRDA 2016 allows local levee districts to 
increase the level of flood protection at their expense when the Corps 
is rebuilding a levee after a flood. No one can argue with that one.
  Let's talk about dams. According to the Corps National Inventory of 
Dams, there are 14,726 high hazard potential dams in the United States. 
A high hazard potential dam is defined as a dam that will result in the 
loss of lives. If you look at this, this is a dam that broke. When that 
happens downstream, you know people are going to die. This is an area 
where we can't imagine that anyone would object to it.
  This is a picture of a dam in Iowa that failed in June of 2010 after 
the area received 10 inches of rain. We can avoid disasters like this 
by making the necessary investments in our water resources 
infrastructure. By not passing WRDA, we leave communities like this 
one, and many others throughout the country, vulnerable to catastrophic 
events. WRDA 2016 helps avoid disasters like this by providing two new 
dam safety programs.
  Keep in mind, we are talking about 14,000 high hazard potential 
dams--life-threatening dams--right now. One is operated by FEMA to 
support State dam programs, and one is operated by the Bureau of Indian 
Affairs to support tribes. Those are the two efforts that we are 
making.

[[Page S5360]]

  Let's talk about the EPA clean water and drinking water mandates. 
Communities around the country are trying to keep up with more and more 
of the Federal mandates coming from the EPA. I had to deal with this 
when I was the mayor of Tulsa. It was the unfunded mandates that were 
the greatest problems that we had, and one of the goals I had in coming 
to Congress was to stop the mandates. We thought we had done that at 
one time. This is going to be a great help. Even though our water is 
much cleaner and our drinking water is much safer than it was 30 or 40 
years ago, back when I was mayor of Tulsa, the EPA keeps adding more 
and more regulations, and these new mandates drive up our water and 
sewer bills to the point that they become unaffordable to many 
families. Under the threat of EPA penalties, communities can be forced 
to choose between meeting new, unfunded Federal mandates or keeping up 
with basic maintenance repair and replacement activities that keep our 
drinking water and wastewater operational.
  Our seventh chart here is the Philadelphia main break that took 
place. If we don't maintain our infrastructure, it will fail just as 
this water main did in Philadelphia. If we don't replace our 
infrastructure, aging sewer pipes will leak and result in sewer 
overflows. Atlanta, Omaha, Baltimore, Cincinnati, Houston, and 
communities all around the country are facing these problems.
  This chart shows the tunnel-boring machine for DC's $2.6 billion 
sewer. You can see what is involved in this project. These sewer 
projects are huge and very costly. For example, there is a picture of a 
tunnel that is being built here in DC as part of a $2.6 billion project 
to address sewer overflows. The WRDA bill, S. 2848, addresses these 
issues in two ways. It targets Federal assistance and tools that 
empower local governments.
  As far as Federal assistance, our 2016 WRDA bill provides $70 million 
to capitalize WIFIA. You heard the Senator from California, Mrs. Boxer, 
talk about how we used TIFIA in our highway bill. We are using WIFIA in 
the same way. The $70 million of Federal funds can provide up to $4.2 
billion in secured loans. It is something that worked in the highway 
bill, and it will work in this one. Those loans have gotten a match by 
another $4.4 billion, so there is $70 million in Federal investment 
that will result in some $8.6 billion in infrastructure. That is in 
this bill.

  This funding is fully offset by reductions in DOE's Advanced 
Technology Vehicles Manufacturing Program. I might add that the Senator 
from Michigan has assured me that they are very supportive of this, in 
spite of the fact that that is where a lot of the manufacturing of our 
vehicles takes place.
  While the Federal assistance in this bill is targeted, all 
communities need tools to fight back when EPA enforcement officials try 
to take control of their water and sewer system. The WRDA bill also 
requires the EPA to update its affordability guidance, so when EPA 
imposes costly sewer upgrades on a community, EPA will have to consider 
the real impacts on real households, including low-income households.
  Finally, we talk about coal ash. That has been very controversial for 
a long time. WRDA includes compromise legislation that we negotiated 
and considered with Senator Boxer and others on the EPW Committee to 
authorize State permit programs to manage fly ash from coal-fired 
powerplants.
  Coal ash is a critical ingredient in making concrete for roads and 
bridges. It is more durable, it is less expensive than the 
alternatives, and many States actually require coal ash to be used in 
their highway projects. When EPA's coal ash rule went into effect last 
October, it created huge uncertainty for both the disposal and the 
beneficial use of coal ash because, unlike other environmental 
regulations, the EPA rule is enforced through citizen lawsuits. This is 
something we have to stop. This bill fixes that by giving States the 
authority to issue State coal ash permits that will provide protection 
from citizen suits.
  There is a tremendous amount in this bill that is important to every 
State in our country. I can't imagine that we are not going to be able 
to get this passed. Our goal--and this is a goal of Democrats and 
Republicans, the majority and the minority--is to get this done and get 
it done in this work period, and I think we can get it done by next 
week.
  We are to the point now where I want to repeat that we have the 
opportunity to do what we are supposed to be doing in managing our 
infrastructure. This is something we have an opportunity to do now and 
do well. Again, one of the requirements is--and the leadership has 
agreed to this, as have the managers, Senator Boxer and myself--that we 
are going to have to get all of the amendments in from anybody who 
wants them by noon on Friday. Nothing will be considered after that, 
nor will anything be considered that is not germane. We are going to be 
passing judgment on these amendments as they come in, but bring them in 
because after noon on Friday, it will be too late.
  Anyway, we have this opportunity on the floor to get this done, and I 
think this will be one of the last really great accomplishments we will 
be able to do in this legislation session.
  With that, I yield the floor.
  The PRESIDING OFFICER. The Senator from Texas.


                           Clinton Foundation

  Mr. CORNYN. Mr. President, this summer the American people have heard 
a lot about Secretary Clinton and how she went to great lengths to set 
up a private email server in violation of Federal law and accepted 
protocols not only at the State Department but in the U.S. Government.
  In early July FBI Director Comey announced findings from the Bureau's 
investigation into her server that confirmed what many people knew all 
along; that is, that Secretary Clinton simply misled the American 
people about it from day one. She didn't tell the truth, and she tried 
to cover it up.
  Contrary to her previous statements from her and her staff, Secretary 
Clinton did send and receive classified information on her private 
email server, including some at the very highest levels of 
classification. We learned that, contrary to her representations, her 
server did not provide adequate security, leaving sensitive information 
vulnerable to our Nation's enemies. We also learned that neither she 
nor her lawyers really actually reviewed the emails to determine 
whether they were work-related and needed to be turned over to the 
State Department and the Federal courts under our freedom of 
information laws. And we learned that she didn't give the authorities 
full access to all of her work-related emails. In fact, Director Comey 
said the FBI discovered thousands of emails that she simply had not 
produced even though she was required to do so.
  All of this may seem like old news, but the fact is, it is simply 
unacceptable. I am glad the FBI released much of its investigation on 
Friday, but, as was observed by a number of people, this was sort of a 
typical Washington news dump--get it out on Friday and hope that by 
Monday morning, people have moved on to other things or forgotten about 
it.
  But these regular scandals that seem to be associated with the 
Clintons--while they addressed the emails, they obviously evidenced 
contempt for our freedom of information laws and the kind of 
transparency that President Obama touted when he became President and 
spoke about on the day of his inauguration on January 20, 2009--most of 
the American people have come to believe they simply can't trust 
Secretary Clinton. According to a recent CNN poll, about 70 percent 
said that she isn't honest and trustworthy--almost 70 percent, which is 
an astoundingly high number. But I really can't blame folks. In fact, 
Secretary Clinton has no one else to blame but herself.
  Unfortunately, Director Comey's announcement back in the July wasn't 
the end of the story, though, because last month even more emails came 
to light that revealed the line blurred between the Clinton Foundation 
and the State Department under Secretary Clinton. Many of the new 
emails were between top Clinton aides and an executive at the Clinton 
Foundation requesting favors of Secretary Clinton in her official 
capacity. There is a lot of information out there, but I have just 
highlighted about three of the items here.
  One exchange requests a meeting between Secretary Clinton and the 
Crown

[[Page S5361]]

Prince of Bahrain. According to the emails, after the Clinton 
Foundation staffer intervened, a meeting was quickly put together. The 
Washington Post has noted that the Crown Prince spent upwards of $32 
million on an education program connected with--you guessed it--the 
Clinton Foundation.
  Another is from a person whom we will identify as just a sports 
executive trying to get an expedited visa for a British soccer player. 
He donated between $5 million and $10 million to the Clinton 
Foundation.
  Several other requests were for last-minute meetings and other 
favors, including one business executive who apparently got quick 
access to Secretary Clinton. He donated between $5 million and $10 
million to the Clinton Foundation.
  So what do all of these examples have in common? Obviously they are 
asking for help through Secretary Clinton's direct line at the State 
Department and they gave millions of dollars to the foundation. These 
obviously were big-time donors.
  Let me add that I don't know a lot about the details involving these 
donations because the Clinton Foundation doesn't provide the date and 
exact amount but just ranges.
  Here is the point: Secretary Clinton and her team were quick to 
prioritize these big donors and respond to them quickly and even, if 
possible, follow through with whatever request was made of them. It is 
clear that major Clinton Foundation donors enjoyed great access to 
Secretary Clinton while she was serving as our Nation's premier 
diplomat. The Clinton Foundation interfered with official day-to-day 
work at the State Department when the Secretary and her staff should 
have been focused on keeping Americans safe and making sound foreign 
policy.
  One of the reasons I bring this up today is that this was an original 
concern of mine before Secretary Clinton was even confirmed as 
Secretary of State. After President Obama's election in 2009, during 
the Senate confirmation process, I objected to fast-tracking a vote on 
her nomination because I saw the real and myriad possibilities for 
conflicts of interest in the relationship between Secretary Clinton as 
Secretary of State and the Clinton family foundation. I told then-
Secretary Nominee Clinton that we needed greater transparency and we 
needed more assurances as to the integrity of this whole arrangement. 
When I questioned her about it, I was assured by Secretary Clinton 
herself that the Clinton Foundation would take steps necessary to 
mitigate my concerns about conflicts of interest and perceived 
conflicts of interest.
  I would note that this was not just my concern; it was a concern 
raised by the then-chairman of the Foreign Relations Committee, Senator 
Richard Lugar. It was also raised by President Obama and his White 
House itself. And what was produced out of those concerns was a very 
lawyerly-like memorandum of understanding between the Clinton 
Foundation and the Obama administration. In fact, I believe this is a 
precondition to Secretary Clinton getting the nomination from President 
Obama, because he didn't want the conflicts of interest that he knew 
could arise as a result of the foundation's activities to impugn the 
integrity of the Obama administration.
  This memorandum of understanding assured the President and the 
American people that the foundation would follow certain transparency 
measures to make sure that Secretary Clinton conducted American 
diplomacy with the utmost integrity. In doing so, the foundation agreed 
it would make public the names of all donors, including new ones.
  What was the result? In the ensuing years, Secretary Clinton and her 
family foundation made a habit of regularly crossing the lines that 
were drawn in that memorandum of understanding and with her verbal 
arrangements and understanding with me. Even though the foundation 
agreed to disclose all foreign donations--this is from foreign 
countries to a family foundation run, in part, by the Secretary of 
State of the U.S. Government. So even though they agreed to disclose 
all foreign contributions, they didn't, and even though some foreign 
donations were supposed to be submitted for review to the State 
Department, they weren't.
  According to reports, at least one organization within the foundation 
failed to annually disclose its list of donors, and today the American 
people still lack basic information about many of the donations, like 
the exact amounts that were donated to the foundation, as I already 
mentioned.
  I don't know anybody who feels comfortable with or who can defend 
these obvious conflicts of interest between the Secretary of State 
representing the United States and her family foundation soliciting and 
receiving multimillion-dollar donations from heads of state of foreign 
countries, not to mention other people who obviously were trying to get 
the help of Secretary Clinton in some official capacity. Secretary 
Clinton was performing her job as Secretary of State, and at the same 
time, the Clinton Foundation was shaking down donors who at least 
thought they were buying access. I don't know how to describe that in 
any other terms other than it is deplorable and it completely undercuts 
the integrity of our democratic process.
  This isn't funny, as former President Clinton suggested. Lying to the 
American people doesn't make you some kind of Robin Hood either, as he 
claimed to be. He said the only difference between him and Robin Hood 
is he didn't steal from anybody.
  Well, this whole scandal further underscores the Clinton philosophy 
that anything goes. She clearly feels like the laws that apply to you 
and me don't apply to her, and it is no wonder the American people have 
come to distrust her and believe that she is simply incapable in many 
instances of telling the truth.
  I hope the American people keep asking questions of Secretary Clinton 
and her foundation, and I hope soon that we all get some answers. The 
American people deserve complete unobstructed transparency into this 
matter, and it is clear they won't get that from Secretary Clinton 
herself.
  Regarding the vote to confirm Secretary Clinton, it did occur. In 
reliance upon her assurances of transparency and to maintain the 
independence of her office of Secretary of State from the activities of 
the foundation, I, among many others of my colleagues, voted to confirm 
Secretary Clinton as Secretary of State, but my belief today is that 
she simply did not keep up her end of the bargain. Thus, if that vote 
were held today, I could not and would not vote to confirm her as 
Secretary of State.

                          ____________________