[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. 3232'50.86'' N ., by
long. 9346'16.82'' 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
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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
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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.
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