[Congressional Record Volume 164, Number 153 (Thursday, September 13, 2018)]
[House]
[Pages H8184-H8229]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DIANA E. MURPHY UNITED STATES COURTHOUSE
General Leave
Mr. SHUSTER. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
include extraneous materials on S. 3021.
[[Page H8185]]
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. SHUSTER. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 3021) to designate the United States courthouse located at 300
South Fourth Street in Minneapolis, Minnesota, as the ``Diana E. Murphy
United States Courthouse'', as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 3021
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as ``America's
Water Infrastructure Act of 2018''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--WATER RESOURCES DEVELOPMENT
Sec. 101. Short title.
Sec. 102. Secretary defined.
Subtitle A--General Provisions
Sec. 1101. Sense of Congress regarding water resources development
bills.
Sec. 1102. Study of the future of the United States Army Corps of
Engineers.
Sec. 1103. Study on economic and budgetary analyses.
Sec. 1104. Dissemination of information.
Sec. 1105. Non-Federal engagement and review.
Sec. 1106. Lake Okeechobee regulation schedule review.
Sec. 1107. Access to real estate data.
Sec. 1108. Aquatic invasive species research.
Sec. 1109. Harmful algal bloom technology demonstration.
Sec. 1110. Bubbly Creek, Chicago ecosystem restoration.
Sec. 1111. Dredge pilot program.
Sec. 1112. Hurricane and storm damage protection program.
Sec. 1113. Operation and maintenance of existing infrastructure.
Sec. 1114. Assistance relating to water supply.
Sec. 1115. Property acquisition.
Sec. 1116. Dredged material management plans.
Sec. 1117. Inclusion of project or facility in Corps of Engineers
workplan.
Sec. 1118. Geomatic data.
Sec. 1119. Local government reservoir permit review.
Sec. 1120. Transparency and accountability in cost sharing for water
resources development projects.
Sec. 1121. Upper Missouri Mainstem Reservoir water withdrawal intake
easement review.
Sec. 1122. Limitation on contract execution.
Sec. 1123. Certain levee improvements.
Sec. 1124. Cost-share payment for certain projects.
Sec. 1125. Locks on Allegheny River.
Sec. 1126. Purpose and need.
Sec. 1127. Prior project authorization.
Sec. 1128. Mississippi River and Tributaries Project.
Sec. 1129. Inclusion of Tribal interests in project consultations.
Sec. 1130. Beneficial use of dredged material.
Sec. 1131. Ice jam prevention and mitigation.
Sec. 1132. Rehabilitation of Corps of Engineers constructed dams.
Sec. 1133. Columbia River.
Sec. 1134. Missouri River Reservoir sediment management.
Sec. 1135. Reauthorization of lock operations pilot program.
Sec. 1136. Credit or reimbursement.
Sec. 1137. Non-Federal implementation pilot program.
Sec. 1138. Surplus water contracts and water storage agreements.
Sec. 1139. Post-disaster watershed assessments in territories of the
United States.
Sec. 1140. Expedited consideration.
Sec. 1141. Project studies subject to independent peer review.
Sec. 1142. Feasibility of Chicago Sanitary and Ship Canal Dispersal
Barriers Project, Illinois.
Sec. 1143. Acknowledgment of credit.
Sec. 1144. Levee safety initiative reauthorization.
Sec. 1145. Funding to process permits.
Sec. 1146. Reservoir sediment.
Sec. 1147. Clarification for integral determination.
Sec. 1148. Beneficial use of dredged sediment.
Sec. 1149. Inclusion of alternative measures for aquatic ecosystem
restoration.
Sec. 1150. Regional sediment management.
Sec. 1151. Operation and maintenance of navigation and hydroelectric
facilities.
Sec. 1152. Study of water resources development projects by non-Federal
interests.
Sec. 1153. Construction of water resources development projects by non-
Federal interests.
Sec. 1154. Corps budgeting; project deauthorizations; comprehensive
backlog report.
Sec. 1155. Indian Tribes.
Sec. 1156. Inflation adjustment of cost-sharing provisions for
territories and Indian Tribes.
Sec. 1157. Corps of Engineers continuing authorities program.
Sec. 1158. Hurricane and storm damage reduction.
Sec. 1159. Regional coalitions and higher education.
Sec. 1160. Emergency response to natural disasters.
Sec. 1161. Cost and benefit feasibility assessment.
Sec. 1162. Extended community assistance by the Corps of Engineers.
Sec. 1163. Dam safety.
Sec. 1164. Local government water management plans.
Sec. 1165. Structures and facilities constructed by Secretary.
Sec. 1166. Advanced funds for water resources development studies and
projects.
Sec. 1167. Costs in excess of Federal participation limit.
Sec. 1168. Disposition of projects.
Sec. 1169. Contributed funds for non-Federal reservoir operations.
Sec. 1170. Watercraft inspection stations.
Sec. 1171. Restricted areas at Corps of Engineers dams.
Sec. 1172. Coastal erosion.
Sec. 1173. Prohibition on surplus water fees, Lake Cumberland
Watershed, Kentucky and Tennessee.
Sec. 1174. Middle Rio Grande peak flow restoration.
Sec. 1175. Prohibition of administrative fees in implementing Rough
River Lake Flowage Easement Encroachment Resolution Plan.
Sec. 1176. Preconstruction engineering design demonstration program.
Subtitle B--Studies and Reports
Sec. 1201. Authorization of proposed feasibility studies.
Sec. 1202. Additional studies.
Sec. 1203. Expedited completion.
Sec. 1204. GAO study on benefit-cost analysis reforms.
Sec. 1205. Harbor Maintenance Trust Fund report.
Sec. 1206. Identification of nonpowered dams for hydropower
development.
Sec. 1207. Study on innovative ports for offshore wind development.
Sec. 1208. Innovative materials and advanced technologies report.
Sec. 1209. Study and report on expediting certain waiver processes.
Sec. 1210. Report on debris removal.
Sec. 1211. Corps flood policy within urban areas.
Sec. 1212. Feasibility studies for mitigation of damage.
Sec. 1213. Applications of military leasing authorities.
Sec. 1214. Community engagement.
Sec. 1215. Transparency in administrative expenses.
Sec. 1216. Assessment of harbors and inland harbors.
Sec. 1217. Maintenance of high-risk flood control projects.
Sec. 1218. North Atlantic Division report on hurricane barriers and
harbors of refuge.
Sec. 1219. Great Lakes coastal resiliency study.
Sec. 1220. McMicken Dam, Arizona, and Muddy River, Massachusetts.
Sec. 1221. Table Rock Lake, Arkansas and Missouri.
Sec. 1222. Forecast-informed reservoir operations.
Sec. 1223. Cedar River, Iowa.
Sec. 1224. Old River control structure, Louisiana.
Sec. 1225. Upper Mississippi River protection.
Sec. 1226. Missouri River.
Sec. 1227. Lower Missouri River bank stabilization and navigation.
Sec. 1228. Coastal Texas study.
Sec. 1229. Report on water supply contract, Wright Patman Lake, Texas.
Subtitle C--Deauthorizations, Modifications, and Related Provisions
Sec. 1301. Deauthorization of inactive projects.
Sec. 1302. Backlog prevention.
Sec. 1303. Project modifications.
Sec. 1304. Lytle and Cajon Creeks, California.
Sec. 1305. Yuba River Basin, California.
Sec. 1306. Bridgeport Harbor, Connecticut.
Sec. 1307. Delaware River navigation project.
Sec. 1308. Comprehensive Everglades restoration plan, Central and
Southern Florida, Everglades Agricultural Area, Florida.
Sec. 1309. Kissimmee River restoration, Florida.
Sec. 1310. Levee L-212, Four River Basin, Ocklawaha River, Florida.
Sec. 1311. Green River and Barren River Locks and Dams, Kentucky.
Sec. 1312. Cape Arundel Disposal Site, Maine.
Sec. 1313. Penobscot River, Maine.
Sec. 1314. Boston harbor reserved channel deauthorizations.
Sec. 1315. Corps of Engineers bridge repair program for New England
evacuation routes.
Sec. 1316. Plymouth Harbor, Massachusetts.
Sec. 1317. Portsmouth Harbor and Piscataqua River.
Sec. 1318. Missouri River and tributaries at Kansas Cities, Missouri
and Kansas.
Sec. 1319. Hampton Harbor, New Hampshire, navigation improvement
project.
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Sec. 1320. Passaic River Federal Navigation Channel, New Jersey.
Sec. 1321. Fargo-Moorhead Metropolitan Area Diversion Project, North
Dakota.
Sec. 1322. Clatsop County, Oregon.
Sec. 1323. Svensen Island, Oregon.
Sec. 1324. West Tennessee Tributaries project, Tennessee.
Sec. 1325. Puget Sound nearshore ecosystem restoration.
Sec. 1326. Milwaukee Harbor, Milwaukee, Wisconsin.
Sec. 1327. Project completion for disaster areas.
Sec. 1328. Federal assistance.
Sec. 1329. Expedited initiation.
Sec. 1330. Project deauthorization and study extensions.
Sec. 1331. Conveyances.
Sec. 1332. Report on future water resources development.
Subtitle D--Water Resources Infrastructure
Sec. 1401. Project authorizations.
Sec. 1402. Special rules.
Sec. 1403. Norfolk Harbor and Channels, Virginia.
TITLE II--DRINKING WATER SYSTEM IMPROVEMENT
Sec. 2001. Indian reservation drinking water program.
Sec. 2002. Clean, safe, reliable water infrastructure.
Sec. 2003. Study on intractable water systems.
Sec. 2004. Sense of Congress relating to access to nonpotable water.
Sec. 2005. Drinking water infrastructure resilience and sustainability.
Sec. 2006. Voluntary school and child care program lead testing grant
program enhancement.
Sec. 2007. Innovative water technology grant program.
Sec. 2008. Improved consumer confidence reports.
Sec. 2009. Contractual agreements.
Sec. 2010. Additional considerations for compliance.
Sec. 2011. Improved accuracy and availability of compliance monitoring
data.
Sec. 2012. Asset management.
Sec. 2013. Community water system risk and resilience.
Sec. 2014. Authorization for grants for State programs.
Sec. 2015. State revolving loan funds.
Sec. 2016. Authorization for source water petition programs.
Sec. 2017. Review of technologies.
Sec. 2018. Source water.
Sec. 2019. Report on Federal cross-cutting requirements.
Sec. 2020. Assistance for areas affected by natural disasters.
Sec. 2021. Monitoring for unregulated contaminants.
Sec. 2022. American iron and steel products.
Sec. 2023. Authorization for capitalization grants to States for State
drinking water treatment revolving loan funds.
TITLE III--ENERGY
Sec. 3001. Modernizing authorizations for necessary hydropower
approvals.
Sec. 3002. Qualifying conduit hydropower facilities.
Sec. 3003. Promoting hydropower development at existing nonpowered
dams.
Sec. 3004. Closed-Loop pumped storage projects.
Sec. 3005. Considerations for relicensing terms.
Sec. 3006. Fair ratepayer accountability, transparency, and efficiency
standards.
Sec. 3007. J. Bennett Johnston Waterway hydropower extension.
Sec. 3008. Stay and Reinstatement of FERC License No. 11393 for the
Mahoney Lake Hydroelectric Project.
Sec. 3009. Strategic Petroleum Reserve drawdown.
TITLE IV--OTHER MATTERS
Subtitle A--Clean Water
Sec. 4101. Stormwater infrastructure funding task force.
Sec. 4102. Wastewater technology clearinghouse.
Sec. 4103. Technical assistance for treatment works.
Sec. 4104. Amendments to Long Island Sound programs.
Sec. 4105. Authorization of appropriations for Columbia river basin
restoration.
Sec. 4106. Sewer overflow control grants.
Sec. 4107. Assistance for individual household decentralized wastewater
systems of individuals with low or moderate income.
Subtitle B--WIFIA Reauthorization and Innovative Financing for State
Loan Funds
Sec. 4201. WIFIA reauthorization and innovative financing for State
loan funds.
Subtitle C--Miscellaneous
Sec. 4301. Agreement with Commissioner of Reclamation.
Sec. 4302. Snake River Basin flood prevention action plan.
Sec. 4303. GAO audit of contracts and Tainter gate repairs of Harlan
County Dam.
Sec. 4304. Water infrastructure and workforce investment.
Sec. 4305. Regional liaisons for minority, Tribal, and low-income
communities.
Sec. 4306. WaterSense.
Sec. 4307. Predatory and other wild animals.
Sec. 4308. Klamath project water and power.
Sec. 4309. Certain Bureau of Reclamation dikes.
Sec. 4310. Authority to make entire active capacity of Fontenelle
Reservoir available for use.
Sec. 4311. Blackfeet water rights settlement.
Sec. 4312. Indian irrigation fund reauthorization.
Sec. 4313. Reauthorization of repair, replacement, and maintenance of
certain Indian irrigation projects.
Sec. 4314. Indian dam safety reauthorization.
Sec. 4315. Diana E. Murphy United States Courthouse.
TITLE I--WATER RESOURCES DEVELOPMENT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Water Resources
Development Act of 2018''.
SEC. 102. SECRETARY DEFINED.
In this title, the term ``Secretary'' means the Secretary
of the Army.
Subtitle A--General Provisions
SEC. 1101. SENSE OF CONGRESS REGARDING WATER RESOURCES
DEVELOPMENT BILLS.
It is the sense of Congress that, because the missions of
the Corps of Engineers for navigation, flood control, beach
erosion control and shoreline protection, hydroelectric
power, recreation, water supply, environmental protection,
restoration, and enhancement, and fish and wildlife
mitigation benefit all Americans, and because water resources
development projects are critical to maintaining the
country's economic prosperity, national security, and
environmental protection, Congress should consider a water
resources development bill not less often than once every
Congress.
SEC. 1102. STUDY OF THE FUTURE OF THE UNITED STATES ARMY
CORPS OF ENGINEERS.
(a) In General.--The Secretary shall enter into an
agreement with the National Academy of Sciences to convene a
committee of experts to carry out a comprehensive study on--
(1) the ability of the Corps of Engineers to carry out its
statutory missions and responsibilities, and the potential
effects of transferring the functions (including regulatory
obligations), personnel, assets, and civilian staff
responsibilities of the Secretary relating to civil works
from the Department of Defense to a new or existing agency or
subagency of the Federal Government, including how such a
transfer might affect the Federal Government's ability to
meet the current statutory missions and responsibilities of
the Corps of Engineers; and
(2) improving the Corps of Engineers' project delivery
processes, including recommendations for such improvements,
taking into account factors including--
(A) the effect of the annual appropriations process on the
ability of the Corps of Engineers to efficiently secure and
carry out contracts for water resources development projects
and perform regulatory obligations;
(B) the effect that the current Corps of Engineers
leadership and geographic structure at the division and
district levels has on its ability to carry out its missions
in a cost-effective manner; and
(C) the effect of the frequency of rotations of senior
leaders of the Corps of Engineers and how such frequency
affects the function of the district.
(b) Considerations.--The study carried out under subsection
(a) shall include consideration of--
(1) effects on the national security of the United States;
(2) the ability of the Corps of Engineers to maintain
sufficient engineering capability and capacity to assist
ongoing and future operations of the United States armed
services;
(3) emergency and natural disaster response obligations of
the Federal Government that are carried out by the Corps of
Engineers; and
(4) the ability of the Corps of Engineers to increase
efficiency, coordination, transparency, and cost savings of
the project delivery process.
(c) Submission to Congress.--The Secretary shall submit the
final report of the National Academy containing the findings
of the study carried out under subsection (a) to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and
Public Works of the Senate not later than 2 years after the
date of enactment of this Act.
(d) Congressional Approval.--The Secretary may not
implement the findings of the study carried out under
subsection (a) unless expressly authorized by Congress.
SEC. 1103. STUDY ON ECONOMIC AND BUDGETARY ANALYSES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall enter into an
agreement with the National Academy of Sciences to--
(1) carry out a study on the economic principles and
analytical methodologies currently used by or applied to the
Corps of Engineers to formulate, evaluate, and budget for
water resources development projects; and
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(2) make recommendations to Congress on potential changes
to such principles and methodologies to improve transparency,
return on Federal investment, cost savings, and
prioritization, in the formulation, evaluation, and budgeting
of such projects.
(b) Considerations.--The study under subsection (a) shall
include--
(1) an analysis of the current economic principles and
analytical methodologies used by or applied to the Corps of
Engineers in determining the total benefits and total costs
during the formulation of, and plan selection for, a water
resources development project;
(2) an analysis of improvements or alternatives to how the
Corps of Engineers utilizes the National Economic
Development, Regional Economic Development, Environmental
Quality, and Other Social Effects accounts developed by the
Institute for Water Resources of the Corps of Engineers in
the formulation of, and plan selection for, such projects;
(3) an analysis of whether such principles and
methodologies fully account for all of the potential benefits
of project alternatives, including any reasonably associated
benefits of such alternatives that are not contrary to law,
Federal policy, or sound water resources management;
(4) an analysis of whether such principles and
methodologies fully account for all of the costs of project
alternatives, including potential societal costs, such as
lost ecosystem services, and full lifecycle costs for such
alternatives;
(5) an analysis of the methodologies utilized by the
Federal Government in setting and applying discount rates for
benefit-cost analyses used in the formulation, evaluation,
and budgeting of Corps of Engineers water resources
development projects;
(6) an analysis of whether or not the Corps of Engineers--
(A) considers cumulative benefits of locally developed
projects, including Master Plans approved by the Corps; and
(B) uses the benefits referred to in subparagraph (A) for
purposes of benefit-cost analysis for project justification
for potential projects within such Master Plans; and
(7) consideration of the report submitted under section
1204, if that report is submitted prior to completion of the
study under this section.
(c) Publication.--The agreement entered into under
subsection (a) shall require the National Academy of Sciences
to, not later than 30 days after the completion of the
study--
(1) submit a report containing the results of the study and
the recommendations to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(2) make a copy of such report available on a publicly
accessible website.
SEC. 1104. DISSEMINATION OF INFORMATION.
(a) Findings.--Congress finds the following:
(1) Congress plays a central role in identifying,
prioritizing, and authorizing vital water resources
infrastructure activities throughout the United States.
(2) The Water Resources Reform and Development Act of 2014
(Public Law 113-121) established a new and transparent
process to review and prioritize the water resources
development activities of the Corps of Engineers with strong
congressional oversight.
(3) Section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d) requires the
Secretary to develop and submit to Congress each year a
Report to Congress on Future Water Resources Development and,
as part of the annual report process, to--
(A) publish a notice in the Federal Register that requests
from non-Federal interests proposed feasibility studies and
proposed modifications to authorized water resources
development projects and feasibility studies for inclusion in
the report; and
(B) review the proposals submitted and include in the
report those proposed feasibility studies and proposed
modifications that meet the criteria for inclusion
established under such section 7001.
(4) Congress will use the information provided in the
annual Report to Congress on Future Water Resources
Development to determine authorization needs and priorities
for purposes of water resources development legislation.
(5) To ensure that Congress can gain a thorough
understanding of the water resources development needs and
priorities of the United States, it is important that the
Secretary take sufficient steps to ensure that non-Federal
interests are made aware of the new annual report process,
including the need for non-Federal interests to submit
proposals during the Secretary's annual request for proposals
in order for such proposals to be eligible for consideration
by Congress.
(b) Dissemination of Process Information.--The Secretary
shall develop, support, and implement education and awareness
efforts for non-Federal interests with respect to the annual
Report to Congress on Future Water Resources Development
required under section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d), including efforts
to--
(1) develop and disseminate technical assistance materials,
seminars, and guidance on the annual process as it relates to
non-Federal interests;
(2) provide written notice to local elected officials and
previous and potential non-Federal interests on the annual
process and on opportunities to address local water resources
challenges through the missions and authorities of the Corps
of Engineers;
(3) issue guidance for non-Federal interests to assist such
interests in developing proposals for water resources
development projects that satisfy the requirements of such
section 7001; and
(4) provide, at the request of a non-Federal interest,
assistance with researching and identifying existing project
authorizations and Corps of Engineers decision documents.
SEC. 1105. NON-FEDERAL ENGAGEMENT AND REVIEW.
(a) Issuance.--The Secretary shall expeditiously issue
guidance to implement each covered provision of law in
accordance with this section.
(b) Public Notice.--
(1) In general.--Prior to developing and issuing any new or
revised implementation guidance for a covered water resources
development law, the Secretary shall issue a public notice
that--
(A) informs potentially interested non-Federal stakeholders
of the Secretary's intent to develop and issue such guidance;
and
(B) provides an opportunity for interested non-Federal
stakeholders to engage with, and provide input and
recommendations to, the Secretary on the development and
issuance of such guidance.
(2) Issuance of notice.--The Secretary shall issue the
notice under paragraph (1) through a posting on a publicly
accessible website dedicated to providing notice on the
development and issuance of implementation guidance for a
covered water resources development law.
(c) Stakeholder Engagement.--
(1) Input.--The Secretary shall allow a minimum of 60 days
after issuance of the public notice under subsection (b) for
non-Federal stakeholders to provide input and recommendations
to the Secretary, prior to finalizing implementation guidance
for a covered water resources development law.
(2) Outreach.--The Secretary may, as appropriate (as
determined by the Secretary), reach out to non-Federal
stakeholders and circulate drafts of implementation guidance
for a covered water resources development law for informal
input and recommendations.
(d) Submission.--The Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and
Public Works of the Senate a copy of all input and
recommendations received pursuant to subsection (c) and a
description of any consideration of such input and
recommendations.
(e) Development of Guidance.--When developing
implementation guidance for a covered water resources
development law, the Secretary shall take into consideration
the input and recommendations received from non-Federal
stakeholders, and make the final guidance available to the
public on the publicly accessible website described in
subsection (b)(2).
(f) Definitions.--In this section:
(1) Covered provision of law.--The term ``covered provision
of law'' means a provision of law under the jurisdiction of
the Secretary contained in, or amended by, a covered water
resources development law, with respect to which--
(A) the Secretary determines guidance is necessary in order
to implement the provision; and
(B) no such guidance has been issued as of the date of
enactment of this Act.
(2) Covered water resources development law.--The term
``covered water resources development law'' means--
(A) the Water Resources Reform and Development Act of 2014;
(B) the Water Resources Development Act of 2016;
(C) this Act; and
(D) any Federal water resources development law enacted
after the date of enactment of this Act.
SEC. 1106. LAKE OKEECHOBEE REGULATION SCHEDULE REVIEW.
The Secretary shall expedite completion of the Lake
Okeechobee regulation schedule to coincide with the
completion of the Herbert Hoover Dike project, and may
consider all relevant aspects of the Comprehensive Everglades
Restoration Plan described in section 601 of the Water
Resources Development Act of 2000 (114 Stat. 2680).
SEC. 1107. ACCESS TO REAL ESTATE DATA.
(a) In General.--Using available funds, the Secretary shall
make publicly available, including on a publicly accessible
website, information on all Federal real estate assets in the
United States that are owned, operated, or managed by, or in
the custody of, the Corps of Engineers.
(b) Requirements.--
(1) In general.--The real estate information made available
under subsection (a) shall include--
(A) existing standardized real estate plat descriptions of
assets described in subsection (a); and
(B) existing geographic information systems and geospatial
information associated with such assets.
(2) Collaboration.--In making information available under
subsection (a), the Secretary shall consult with the
Administrator of General Services. Such information may be
made available, in whole or in part, in the Federal real
property database published under section 21 of the Federal
Assets Sale and Transfer Act of 2016 (Public Law 114-287),
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as determined appropriate by the Administrator of General
Services. Nothing in this paragraph shall be construed as
requiring the Administrator of General Services to add
additional data elements or features to such Federal real
property database if such additions are impractical or would
add additional costs to such database.
(c) Limitation.--Nothing in this section shall compel or
authorize the disclosure of data or other information
determined by the Secretary to be confidential, privileged,
national security information, personal information, or
information the disclosure of which is otherwise prohibited
by law.
(d) Timing.--The Secretary shall ensure that the
implementation of subsection (a) occurs as soon as
practicable.
(e) Effect on Other Laws.--Nothing in this section shall be
construed as modifying, or exempting the Corps of Engineers
from, the requirements of the Federal real property database
published under section 21 of the Federal Assets Sale and
Transfer Act of 2016 (Public Law 114-287).
SEC. 1108. AQUATIC INVASIVE SPECIES RESEARCH.
(a) In General.--As part of the ongoing activities of the
Engineer Research and Development Center to address the
spread and impacts of aquatic invasive species, the Secretary
shall undertake research on the management and eradication of
aquatic invasive species, including Asian carp and zebra
mussels.
(b) Locations.--In carrying out subsection (a), the
Secretary shall work with Corps of Engineers district offices
representing diverse geographical regions of the continental
United States that are impacted by aquatic invasive species,
such as the Atlantic, Pacific, and Gulf coasts and the Great
Lakes.
(c) Report.--Not later than 180 days after the date of
enactment of this section, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and
Public Works of the Senate a report recommending a plan to
address the spread and impacts of aquatic invasive species.
SEC. 1109. HARMFUL ALGAL BLOOM TECHNOLOGY DEMONSTRATION.
(a) In General.--The Secretary, acting through the Engineer
Research and Development Center, shall implement a 5-year
harmful algal bloom technology development demonstration
program under the Aquatic Nuisance Research Program. To the
extent practicable, the Secretary shall support research that
will identify and develop improved strategies for early
detection, prevention, and management techniques and
procedures to reduce the occurrence and effects of harmful
algal blooms in the Nation's water resources.
(b) Scalability Requirement.--The Secretary shall ensure
that technologies identified, tested, and deployed under the
harmful algal bloom technology development demonstration
program have the ability to scale up to meet the needs of
harmful-algal-bloom-related events.
SEC. 1110. BUBBLY CREEK, CHICAGO ECOSYSTEM RESTORATION.
The Secretary shall enter into a memorandum of
understanding with the Administrator of the Environmental
Protection Agency to facilitate ecosystem restoration
activities at the South Fork of the South Branch of the
Chicago River (commonly known as Bubbly Creek).
SEC. 1111. DREDGE PILOT PROGRAM.
(a) In General.--The Secretary is authorized to carry out a
pilot program to award contracts with a duration of up to
five years for the operation and maintenance of harbors and
inland harbors referred to in section 210(a)(2) of the Water
Resources Development Act of 1986 (33 U.S.C. 2238(a)(2)).
(b) Scope.--In carrying out the pilot program under
subsection (a), the Secretary may award a contract described
in such subsection, which may address one or more harbors or
inland harbors in a geographical region, if the Secretary
determines that the contract provides cost savings compared
to the awarding of such work on an annual basis or on a
project-by-project basis.
(c) Report to Congress.--Not later than one year after the
date on which the first contract is awarded pursuant to the
pilot program carried out under subsection (a), the Secretary
shall submit to Congress a report evaluating, with respect to
the pilot program and any contracts awarded under the pilot
program--
(1) cost effectiveness;
(2) reliability and performance;
(3) cost savings attributable to mobilization and
demobilization of dredge equipment; and
(4) response times to address navigational impediments.
(d) Sunset.--The authority of the Secretary to enter into
contracts pursuant to the pilot program carried out under
subsection (a), shall expire on the date that is 10 years
after the date of enactment of this Act.
SEC. 1112. HURRICANE AND STORM DAMAGE PROTECTION PROGRAM.
(a) In General.--The Secretary is authorized to carry out a
pilot program to award single contracts for more than one
authorized hurricane and storm damage reduction project in a
geographical region, including projects across more than one
Corps of Engineers district, if the Secretary determines that
the contract provides cost savings compared to the awarding
of such work on a project-by-project basis.
(b) Project Selection.--In carrying out the pilot program
under subsection (a), the Secretary shall consult with
relevant State agencies in selecting projects.
(c) Criteria.--In carrying out the pilot program under
subsection (a), the Secretary shall establish criteria and
other considerations that--
(1) foster Federal, State, and local collaboration;
(2) evaluate the performance of projects being carried out
under a single contract with respect to whether such projects
yield any regional or multi-district benefits; and
(3) include other criteria and considerations that the
Secretary determines to be appropriate.
(d) Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that
includes findings and recommendations of the Secretary with
respect to the projects completed under the pilot program
carried out under subsection (a).
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $75,000,000.
(f) Termination.--The authority of the Secretary to enter
into contracts pursuant to the pilot program carried out
under subsection (a) shall expire on the date that is 10
years after the date of enactment of this Act.
SEC. 1113. OPERATION AND MAINTENANCE OF EXISTING
INFRASTRUCTURE.
The Secretary shall improve the reliability, and operation
and maintenance of, existing infrastructure of the Corps of
Engineers, and, as necessary, improve its resilience to
cyber-related threats.
SEC. 1114. ASSISTANCE RELATING TO WATER SUPPLY.
The Secretary may provide assistance to municipalities the
water supply of which is adversely affected by construction
carried out by the Corps of Engineers.
SEC. 1115. PROPERTY ACQUISITION.
(a) In General.--In acquiring an interest in land, or
requiring a non-Federal interest to acquire an interest in
land, the Secretary shall, in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970, first consider the minimum interest in real
property necessary to support the water resources development
project for which such interest is acquired.
(b) Determination.--In determining an interest in land
under subsection (a), the Secretary shall first consider a
temporary easement or other interest designed to reduce the
overall cost of the water resources development project for
which such interest is acquired, reduce the time to complete
such project, and minimize conflict with property owners
related to such project.
(c) Procedures Used in State.--In carrying out subsection
(a), the Secretary shall consider, with respect to a State,
the procedures that the State uses to acquire, or require the
acquisition of, interests in land, to the extent that such
procedures are generally consistent with the goals of a
project or action.
SEC. 1116. DREDGED MATERIAL MANAGEMENT PLANS.
(a) In General.--For purposes of dredged material
management plans initiated after the date of enactment of
this Act, the Secretary shall expedite the dredged material
management plan process in order that such plans make maximum
use of existing information, studies, and innovative dredged
material management practices, and avoid any redundant
information collection and studies.
(b) Report.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall submit to Congress
a report on how the Corps of Engineers intends to meet the
requirements of subsection (a).
SEC. 1117. INCLUSION OF PROJECT OR FACILITY IN CORPS OF
ENGINEERS WORKPLAN.
(a) In General.--The Secretary shall, to the maximum extent
practicable, include in the future workplan of the Corps any
authorized project or facility of the Corps of Engineers--
(1) that the Secretary has studied for disposition under an
existing authority, including by carrying out a disposition
study under section 216 of the Flood Control Act of 1970 (33
U.S.C. 549a); and
(2) for which a final report by the Director of Civil Works
has been completed.
(b) Notification to Committees.--Upon completion of a final
report referred to in subsection (a), the Secretary shall
transmit a copy of the report to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate.
SEC. 1118. GEOMATIC DATA.
(a) In General.--The Secretary shall develop guidance for
the acceptance and use of information obtained from a non-
Federal interest through geomatic techniques, including
remote sensing and land surveying, cartography, geographic
information systems, global navigation satellite systems,
photogrammetry, or other remote means, in carrying out any
authority of the Secretary.
(b) Considerations.--In carrying out this section, the
Secretary shall ensure that use
[[Page H8189]]
of information described in subsection (a) meets the data
quality and operational requirements of the Secretary.
(c) Savings Clause.--Nothing in this section--
(1) requires the Secretary to accept information that the
Secretary determines does not meet the guidance developed
under this section; or
(2) changes the current statutory or regulatory
requirements of the Corps of Engineers.
SEC. 1119. LOCAL GOVERNMENT RESERVOIR PERMIT REVIEW.
(a) In General.--During the 10-year period after the date
of enactment of this section, the Secretary shall expedite
review of applications for covered permits, if the permit
applicant is a local governmental entity with jurisdiction
over an area for which--
(1) any portion of the water resources available to the
area served by the local governmental entity is polluted by
chemicals used at a formerly used defense site under the
jurisdiction of the Department of Defense that is undergoing
(or is scheduled to undergo) environmental restoration under
chapter 160 of title 10, United States Code; and
(2) mitigation of the pollution described in paragraph (1)
is ongoing.
(b) Covered Permit Defined.--In this section, the term
``covered permit'' means a permit to be issued by the
Secretary to modify a reservoir owned or operated by the
Secretary, with respect to which not less than 80 percent of
the water rights are held for drinking water supplies, in
order to accommodate projected water supply needs of an area
with a population of less than 80,000.
(c) Limitations.--Nothing in this section affects any
obligation to comply with the provisions of any Federal law,
including--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(2) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.).
SEC. 1120. TRANSPARENCY AND ACCOUNTABILITY IN COST SHARING
FOR WATER RESOURCES DEVELOPMENT PROJECTS.
(a) Definition of Balance Sheet.--In this section, the term
``balance sheet'' means a document that describes--
(1) the funds provided by each Federal and non-Federal
interest for a water resources development project; and
(2) the status of those funds.
(b) Establishment of Balance Sheet.--Each district of the
Corps of Engineers shall, using the authority of the
Secretary under section 10 of the Water Resources Development
Act of 1988 (33 U.S.C. 2315)--
(1) maintain a balance sheet for each water resources
development project carried out by the Secretary for which a
non-Federal cost share is required; and
(2) on request of a non-Federal interest that provided
funds for the project, provide to the non-Federal interest a
copy of the balance sheet.
(c) Under-Budget Projects.--In the case of a water
resources development project carried out by the Secretary
that is completed at a cost less than the estimated cost, the
Secretary shall transfer any excess non-Federal funds to the
non-Federal interest in accordance with the cost-share
requirement applicable to the project.
SEC. 1121. UPPER MISSOURI MAINSTEM RESERVOIR WATER WITHDRAWAL
INTAKE EASEMENT REVIEW.
(a) In General.--During the 10-year period beginning on the
date of enactment of this Act, the Secretary shall, to the
maximum extent practicable, expedite the review of
applications for a covered easement.
(b) Process.--In carrying out this section, the Secretary
shall develop an application to obtain a covered easement
that requires an applicant for a covered easement to submit
information that includes--
(1) all permissible locations for the proposed easement;
(2) the corresponding dimensions of the proposed easement;
(3) the methods of installation of the water withdrawal
intakes; and
(4) any other information that the Secretary may require to
complete the review.
(c) Response.--Not later than 30 days after the date on
which the Secretary receives an application under subsection
(b), the Secretary shall seek to provide to the applicant a
written notification that states--
(1) whether the application is complete; and
(2) if the application is not complete, what information is
needed for the application to be complete.
(d) Determination.--To the maximum extent practicable, not
later than 120 days after the date on which the Secretary
receives a complete application for a covered easement, the
Secretary shall approve or deny the application for the
covered easement.
(e) Covered Easement Defined.--In this section, the term
``covered easement'' means an easement necessary to access
Federal land under the control of the Secretary for the
placement of water withdrawal intakes in the Upper Missouri
Mainstem Reservoirs that does not otherwise involve the
alteration or modification of any structures or facilities
located on that Federal land, other than those owned by the
non-Federal interest.
(f) Limitations.--Nothing in this section affects any
obligation to comply with the provisions of any Federal law,
including--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(2) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.).
SEC. 1122. LIMITATION ON CONTRACT EXECUTION.
(a) Limitation.--For any new covered contract entered into
during the period beginning on the date of enactment of this
Act and ending on December 31, 2020, any local governmental
entity that is a party to a covered contract entered into
before such period shall be required to pay not more than 110
percent of the contractual rate per acre-foot in effect under
the most recent such covered contract.
(b) Covered Contract.--In this section, the term ``covered
contract'' means a contract between a local governmental
entity and the Secretary for water supply storage in a
nonhydropower lake within the Verdigris River Basin.
SEC. 1123. CERTAIN LEVEE IMPROVEMENTS.
(a) In General.--Notwithstanding section 211 of the Water
Resources Development Act of 2000 (31 U.S.C. 6505 note), the
Secretary, at the request of a local government, is
authorized to provide technical services, on a reimbursable
basis, to the local government to assess the reasons a
federally constructed levee owned or operated by the local
government is not accredited by the Federal Emergency
Management Agency.
(b) Federal Levees.--In carrying out this section, in a
case in which a levee owned and operated by the Secretary is
hydraulically tied to a levee described in subsection (a),
the Secretary is encouraged to cooperate, to the maximum
extent practicable, with the relevant local governmental
entities in assessing the reasons the levee described in
subsection (a) is not accredited.
(c) Limitation.--Nothing in this section--
(1) affects the responsibilities of a local government to
operate and maintain its flood control infrastructure; or
(2) obligates the Secretary to expend additional Federal
resources on levees owned and operated by the Secretary.
SEC. 1124. COST-SHARE PAYMENT FOR CERTAIN PROJECTS.
The Secretary shall, subject to the availability of
appropriations, pay the outstanding balance of the Federal
cost share for any project carried out under section 593 of
the Water Resources Development Act of 1999 (113 Stat. 380).
SEC. 1125. LOCKS ON ALLEGHENY RIVER.
The Corps of Engineers may consider, in making funding
determinations with respect to the operation and maintenance
of locks on the Allegheny River--
(1) recreational boat traffic levels; and
(2) related economic benefits.
SEC. 1126. PURPOSE AND NEED.
(a) Purpose and Need Statements.--
(1) In general.--Not later than 90 days after the date of
receipt of a complete application for a water storage
project, the District Engineer shall develop and provide to
the applicant a purpose and need statement that describes--
(A) whether the District Engineer concurs with the
assessment of the purpose of and need for the water storage
project proposed by the applicant; and
(B) in any case in which the District Engineer does not
concur as described in subparagraph (A), an assessment by the
District Engineer of the purpose of and need for the project.
(2) Effect on environmental impact statements.--No
environmental impact statement or environmental assessment
required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) shall substantially commence with
respect to a water storage project until the date on which
the District Engineer provides to the applicant a purpose and
need statement as required under paragraph (1).
(b) Appeals Request.--A non-Federal interest may use the
administrative appeals process described in part 331 of title
33, Code of Federal Regulations (or any succeeding
regulation), in relation to a decision of the Secretary
related to an application for a water storage project.
SEC. 1127. PRIOR PROJECT AUTHORIZATION.
In any case in which a project under the jurisdiction of
the Secretary is budgeted under a different business line
than the business line under which the project was originally
authorized, the Secretary shall ensure that the project is
carried out in accordance with any requirements that apply to
the business line under which the project was originally
authorized.
SEC. 1128. MISSISSIPPI RIVER AND TRIBUTARIES PROJECT.
(a) In General.--After any flood event requiring operation
or activation of any floodway or backwater feature within the
Mississippi River and Tributaries Project through natural
overtopping of a Federal levee or artificial crevassing of a
Federal levee to relieve pressure on the levees elsewhere in
the system, the Secretary shall expeditiously reset and
restore the damaged floodway's levees.
(b) Consultation.--In carrying out subsection (a), the
Secretary shall provide an opportunity for consultation with
affected communities.
(c) Mississippi River and Tributaries Project.--The term
``Mississippi River and Tributaries Project'' means the
Mississippi River and Tributaries project authorized by the
Act of May 15, 1928 (Chap. 569; 45 Stat. 534).
SEC. 1129. INCLUSION OF TRIBAL INTERESTS IN PROJECT
CONSULTATIONS.
(a) Report Required.--As soon as practicable following the
date of enactment of
[[Page H8190]]
this Act, the Secretary shall submit the report required
under section 1120(a)(3) of the Water Resources Development
Act of 2016 (130 Stat. 1643).
(b) Consultation.--The Secretary shall ensure that all
existing Tribal consultation policies, regulations, and
guidance continue to be implemented, and that consultations
with Federal and State agencies and Indian Tribes required
for a water resources development project are carried out.
SEC. 1130. BENEFICIAL USE OF DREDGED MATERIAL.
Section 1122 of the Water Resources Development Act of 2016
(33 U.S.C. 2326 note) is amended--
(1) in subsection (b)(1), by striking ``10'' and inserting
``20''; and
(2) in subsection (g), by striking ``10'' and inserting
``20''.
SEC. 1131. ICE JAM PREVENTION AND MITIGATION.
Section 1150(c) of the Water Resources Development Act of
2016 (33 U.S.C. 701s note) is amended--
(1) in paragraph (1)--
(A) by striking ``During fiscal years 2017 through 2022,
the Secretary'' and inserting ``The Secretary''; and
(B) by striking ``10 projects'' and inserting ``20
projects''; and
(2) in paragraph (2)--
(A) by striking ``shall ensure'' and inserting the
following : ``shall--
``(A) ensure'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(B) select not fewer than 1 project to be carried out on
a reservation (as defined in section 3 of the Indian
Financing Act of 1974) that serves more than 1 Indian tribe
(as defined in section 4 of the Indian Self-Determination and
Education Assistance Act).''.
SEC. 1132. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED
DAMS.
Section 1177 of the Water Resources Development Act of 2016
(33 U.S.C. 467f-2 note) is amended--
(1) in subsection (e), by striking ``$10,000,000'' and
inserting ``$40,000,000''; and
(2) in subsection (f), by striking ``$10,000,000'' and
inserting ``$40,000,000''.
SEC. 1133. COLUMBIA RIVER.
(a) Bonneville Dam, Oregon.--
(1) In general.--The Secretary, in consultation with the
Secretary of the Interior, shall examine and assess the
extent to which Indians (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)) have been displaced as a result of the
construction of the Bonneville Dam, Oregon, as authorized by
the first section of the Act of August 30, 1935 (49 Stat.
1032) and the first section and section 2(a) of the Act of
August 20, 1937 (16 U.S.C. 832, 832a(a)).
(2) Inclusion.--The examination and assessment under
paragraph (1) may include assessments relating to housing and
related facilities.
(3) Assistance.--If the Secretary determines, based on the
examination and assessment under paragraph (1), that
assistance is required or needed, the Secretary may use all
existing authorities of the Secretary, including under this
Act, to provide assistance to Indians who have been displaced
as a result of the construction of the Bonneville Dam,
Oregon.
(4) Tribal assistance.--Section 1178(c)(1)(A) of the Water
Resources Development Act of 2016 (130 Stat. 1675) is amended
by striking ``Upon the request of the Secretary of the
Interior, the Secretary may provide assistance'' and
inserting ``The Secretary, in consultation with the Secretary
of the Interior, may provide assistance''.
(b) John Day Dam, Washington and Oregon.--
(1) In general.--The Secretary, in consultation with the
Secretary of the Interior, shall examine and assess the
extent to which Indians (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)) have been displaced as a result of the
construction of the John Day Dam, Oregon, as authorized by
section 204 of the Flood Control Act of 1950 (64 Stat. 179).
(2) Inclusion.--The examination and assessment under
paragraph (1) may include--
(A) assessments relating to housing and related facilities;
and
(B) the study required by section 1178(c)(2) of the Water
Resources Development Act of 2016 (130 Stat. 1675).
(3) Assistance.--If the Secretary determines, based on the
examination and assessment under paragraph (1), that
assistance is required or needed, the Secretary may use all
existing authorities of the Secretary, including under this
Act, to provide assistance to Indians who have been displaced
as a result of the construction of the John Day Dam, Oregon.
(c) Dalles Dam, Washington and Oregon.--
(1) In general.--The Secretary, in consultation with the
Secretary of the Interior, shall complete and carry out a
village development plan for any Indian village submerged as
a result of the construction of the Dalles Dam, Columbia
River, Washington and Oregon, as authorized by section 204 of
the Flood Control Act of 1950 (64 Stat. 179).
(2) Assistance.--The Secretary may acquire land from
willing land owners in carrying out a village development
plan under paragraph (1).
(3) Requirements.--A village development plan completed
under paragraph (1) shall include, at a minimum, an estimated
cost and tentative schedule for the construction of a
replacement village.
SEC. 1134. MISSOURI RIVER RESERVOIR SEDIMENT MANAGEMENT.
Section 1179(a) of the Water Resources Development Act of
2016 (130 Stat. 1675) is amended--
(1) by redesignating paragraphs (4) through (8) as
paragraphs (5) through (9), respectively;
(2) by inserting after paragraph (3) the following:
``(4) Prioritization of sediment management plans.--In
carrying out the pilot project under this subsection, the
Secretary shall give priority to developing and implementing
sediment management plans that affect reservoirs that cross
State lines.''; and
(3) in paragraph (8) (as so redesignated)--
(A) by redesignating subparagraph (B) as subparagraph (D);
and
(B) by striking subparagraph (A) and inserting the
following:
``(A) In general.--The Secretary shall carry out the pilot
program established under this subsection in partnership with
the Secretary of the Interior, and the program shall apply to
reservoirs managed or owned by the Bureau of Reclamation.
``(B) Memorandum of agreement.--For sediment management
plans that apply to a reservoir managed or owned by the
Bureau of Reclamation under subparagraph (A), the Secretary
and the Secretary of the Interior shall execute a memorandum
of agreement establishing the framework for a partnership and
the terms and conditions for sharing expertise and resources.
``(C) Payments.--The Secretary is authorized to accept and
expend funds from the Secretary of the Interior to complete
any work under this paragraph at a reservoir managed or owned
by the Bureau of Reclamation.''.
SEC. 1135. REAUTHORIZATION OF LOCK OPERATIONS PILOT PROGRAM.
Section 1017(f) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2212 note) is amended by
striking ``5 years'' and inserting ``10 years''.
SEC. 1136. CREDIT OR REIMBURSEMENT.
(a) In General.--Section 1022 of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 2225) is amended to
read as follows:
``SEC. 1022. CREDIT OR REIMBURSEMENT.
``(a) Requests for Credits.--With respect to an authorized
flood damage reduction project, or separable element thereof,
that has been constructed by a non-Federal interest under
section 211 of the Water Resources Development Act of 1996
(33 U.S.C. 701b-13), or an authorized coastal navigation
project that has been constructed by the Corps of Engineers
pursuant to section 11 of the Act of March 3, 1925, before
the date of enactment of the Water Resources Development Act
of 2018, the Secretary may provide to the non-Federal
interest, at the request of the non-Federal interest, a
credit in an amount equal to the estimated Federal share of
the cost of the project or separable element, in lieu of
providing to the non-Federal interest a reimbursement in that
amount or reimbursement of funds of an equivalent amount,
subject to the availability of appropriations.
``(b) Application of Credits.--At the request of the non-
Federal interest, the Secretary may apply all or a portion of
such credit to the share of the cost of the non-Federal
interest of carrying out other flood damage reduction and
coastal navigation projects or studies.
``(c) Application of Reimbursement.--At the request of the
non-Federal interest, the Secretary may apply such funds,
subject to the availability of appropriations, equal to the
share of the cost of the non-Federal interest of carrying out
other flood damage reduction and coastal navigation projects
or studies.''.
(b) Clerical Amendment.--The table of contents contained in
section 1(b) of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1193) is amended by striking the item
relating to section 1022 and inserting the following:
``Sec. 1022. Credit or reimbursement.''.
SEC. 1137. NON-FEDERAL IMPLEMENTATION PILOT PROGRAM.
Section 1043(b) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2201 note) is amended--
(1) in paragraph (3)(A)(i)--
(A) in the matter preceding subclause (I)--
(i) by striking ``15'' and inserting ``20''; and
(ii) by striking ``prior to the date of enactment of this
Act'';
(B) in subclause (I)--
(i) in the matter preceding item (aa), by inserting ``that
have been authorized for construction prior to the date of
enactment of this Act and'' after ``not more than 12
projects''; and
(ii) in item (bb), by striking ``; and'' and inserting a
semicolon;
(C) in subclause (II)--
(i) by inserting ``that have been authorized for
construction prior to the date of enactment of this Act and''
after ``not more than 3 projects''; and
(ii) by striking the semicolon and inserting ``; and''; and
(D) by adding at the end the following:
``(III) not more than 5 projects that have been authorized
for construction, but did not receive the authorization prior
to the date of enactment of this Act;''; and
[[Page H8191]]
(2) in paragraph (8), by striking ``2015 through 2019'' and
inserting ``2019 through 2023''.
SEC. 1138. SURPLUS WATER CONTRACTS AND WATER STORAGE
AGREEMENTS.
Section 1046(c) of the Water Resources Reform and
Development Act of 2014 (128 Stat. 1254) is amended--
(1) in paragraph (1)--
(A) by striking ``shall not charge a fee'' and inserting
the following: ``shall not--
``(A) charge a fee'';
(B) by striking ``Reservoirs.'' and inserting ``Reservoirs;
or''; and
(C) by adding at the end the following:
``(B) assess a water storage fee with respect to any water
storage in the Upper Missouri Mainstem Reservoirs.''; and
(2) in paragraph (3), by striking ``10'' and inserting
``12''.
SEC. 1139. POST-DISASTER WATERSHED ASSESSMENTS IN TERRITORIES
OF THE UNITED STATES.
Section 3025 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2267b) is amended by adding at the end
the following:
``(e) Assessments in Territories of the United States.--
``(1) In general.--For any major disaster declared in a
territory of the United States before the date of enactment
of this subsection, all activities in the territory carried
out or undertaken pursuant to the authorities described in
this section shall be conducted at full Federal expense
unless the President determines that the territory has the
ability to pay the cost share for an assessment under this
section without the use of loans.
``(2) Territory defined.--In this subsection, the term
`territory of the United States' means an insular area
specified in section 1156(a)(1) of the Water Resources
Development Act of 1986 (33 U.S.C. 2310(a)(1)).''.
SEC. 1140. EXPEDITED CONSIDERATION.
Section 7004(b)(4) of the Water Resources Reform and
Development Act of 2014 (128 Stat. 1374) is amended by
striking ``December 31, 2018'' and inserting ``December 31,
2024''.
SEC. 1141. PROJECT STUDIES SUBJECT TO INDEPENDENT PEER
REVIEW.
Section 2034(h)(2) of the Water Resources Development Act
of 2007 (33 U.S.C. 2343(h)(2)) is amended by striking ``12
years'' and inserting ``17 years''.
SEC. 1142. FEASIBILITY OF CHICAGO SANITARY AND SHIP CANAL
DISPERSAL BARRIERS PROJECT, ILLINOIS.
Section 3061(d) of the Water Resources Development Act of
2007 (Public Law 110-114; 121 Stat. 1121) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) Operation and maintenance.--Operation and maintenance
of any project authorized to be carried out pursuant to the
feasibility study identified in paragraph (1) shall be
carried out at 80 percent Federal expense and 20 percent non-
Federal expense.
``(3) Consultation.--After construction of any project
authorized to be carried out pursuant to the feasibility
study identified in paragraph (1), the Secretary shall
consult with the Governor of the State in which the project
is constructed before any control technologies not included
in the Chief's Report are implemented.''.
SEC. 1143. ACKNOWLEDGMENT OF CREDIT.
Section 7007(a) of the Water Resources Development Act of
2007 (121 Stat. 1277; 128 Stat. 1226) is amended by adding at
the end the following: ``Notwithstanding section
221(a)(4)(C)(i) of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b(a)(4)(C)(i)), the Secretary may provide credit for
work carried out during the period beginning on November 8,
2007, and ending on the date of enactment of the Water
Resources Development Act of 2018 by the non-Federal interest
for a project under this title if the Secretary determines
that the work is integral to the project and was carried out
in accordance with the requirements of subchapter 4 of
chapter 31, and chapter 37, of title 40, United States
Code.''.
SEC. 1144. LEVEE SAFETY INITIATIVE REAUTHORIZATION.
Title IX of the Water Resources Development Act of 2007
(33 U.S.C. 3301 et seq.) is amended--
(1) in section 9005(g)(2)(E)(i), by striking ``2015 through
2019'' and inserting ``2019 through 2023''; and
(2) in section 9008, by striking ``2015 through 2019'' each
place it appears and inserting ``2019 through 2023''.
SEC. 1145. FUNDING TO PROCESS PERMITS.
Section 214(a) of the Water Resources Development Act of
2000 (33 U.S.C. 2352(a)) is amended--
(1) by striking paragraph (3) and redesignating paragraphs
(4) and (5) as paragraphs (3) and (4), respectively; and
(2) in paragraph (4), as so redesignated--
(A) by striking ``4 years after the date of enactment of
this paragraph'' and inserting ``December 31, 2022''; and
(B) by striking ``carry out a study'' and inserting ``carry
out a followup study''.
SEC. 1146. RESERVOIR SEDIMENT.
Section 215 of the Water Resources Development Act of 2000
(33 U.S.C. 2326c) is amended--
(1) in subsection (a)--
(A) by striking ``the date of enactment of the Water
Resources Development Act of 2016'' and inserting ``the date
of enactment of the Water Resources Development Act of
2018''; and
(B) by striking ``shall establish, using available funds, a
pilot program to accept'' and inserting ``shall, using
available funds, accept'';
(2) in subsection (b)--
(A) in paragraph (2), by adding ``and'' at the end;
(B) in paragraph (3), by striking ``; and'' at the end and
inserting a period; and
(C) by striking paragraph (4); and
(3) by striking subsection (f) and inserting the following:
``(f) Report to Congress.--Not later than 3 years after the
date of enactment of the Water Resources Development Act of
2018, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report describing the results of the
program under this section.''.
SEC. 1147. CLARIFICATION FOR INTEGRAL DETERMINATION.
Section 601(e)(5) of the Water Resources Development Act of
2000 (Public Law 106-541) is amended--
(1) in subparagraph (B)(i)--
(A) in subclause (II), by striking ``; or'' and inserting a
semicolon; and
(B) by inserting after subclause (III) the following:
``(IV) the credit is provided for work carried out by the
non-Federal sponsor in the implementation of an authorized
project implementation report, and such work was defined in
an agreement between the Secretary and the non-Federal
sponsor prior to the execution of such work; or
``(V) the credit is provided for any work carried out by
the non-Federal sponsor, as agreed to by the District
Commander and non-Federal sponsor in a written agreement
(which may include an electronic agreement) prior to such
work being carried out by the non-Federal sponsor;'';
(2) in subparagraph (B), by amending clause (iii) to read
as follows:
``(iii) the Secretary determines that the work performed by
the non-Federal sponsor--
``(I) is integral to the project; and
``(II) was carried out in accordance with the requirements
of subchapter 4 of chapter 31, and chapter 37, of title 40,
United States Code.'';
(3) by redesignating subparagraphs (C) through (E) as
subparagraphs (D) through (F), respectively; and
(4) by inserting after subparagraph (B) the following:
``(C) Timing.--In any case in which the Secretary approves
credit under subparagraph (B), in a written agreement (which
may include an electronic agreement) with the non-Federal
sponsor, the Secretary shall provide such credit for work
completed under an agreement that prescribes the terms and
conditions for the in-kind contributions.''.
SEC. 1148. BENEFICIAL USE OF DREDGED SEDIMENT.
(a) In General.--In carrying out a project for the
beneficial reuse of sediment to reduce storm damage to
property under section 204 of the Water Resources Development
Act of 1992 (33 U.S.C. 2326) that involves only a single
application of sediment, the Secretary may grant a temporary
easement necessary to facilitate the placement of sediment,
if the Secretary determines that granting a temporary
easement is in the interest of the United States.
(b) Limitation.--If the Secretary grants a temporary
easement under subsection (a) with respect to a project, that
project shall no longer be eligible for future placement of
sediment under section 204 of the Water Resources Development
Act of 1992 (33 U.S.C. 2326).
SEC. 1149. INCLUSION OF ALTERNATIVE MEASURES FOR AQUATIC
ECOSYSTEM RESTORATION.
(a) Inclusion of Alterative Measures for Aquatic Ecosystem
Restoration.--Section 206 of the Water Resources Development
Act of 1996 (33 U.S.C. 2230) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Use of Natural and Nature-based Features.--In
carrying out a project to restore and protect an aquatic
ecosystem or estuary under subsection (a), the Secretary
shall consider, and may include, with the consent of the non-
Federal interest, a natural feature or nature-based feature,
as such terms are defined in section 1184 of the Water
Resources Development Act of 2016, if the Secretary
determines that inclusion of such features is consistent with
the requirements of subsection (a).''.
(b) Amendment to Definition.--Section 1184(a)(2) of the
Water Resources Development Act of 2016 (33 U.S.C.
2289a(a)(2)) is amended by striking ``in coastal areas''.
(c) Natural Infrastructure.--In carrying out a feasibility
report developed under section 905 of the Water Resources
Development Act of 1986 (33 U.S.C. 2282) for a project for
flood risk management or hurricane and storm damage risk
reduction, the Secretary shall consider the use of both
traditional and natural infrastructure alternatives, alone or
in conjunction with each other, if those alternatives are
practicable.
SEC. 1150. REGIONAL SEDIMENT MANAGEMENT.
Section 204(a)(1)(A) of the Water Resources Development Act
of 1992 (33 U.S.C.
[[Page H8192]]
2326(a)(1)(A)) is amended by inserting ``including a project
authorized for flood control,'' after ``an authorized Federal
water resources project,''.
SEC. 1151. OPERATION AND MAINTENANCE OF NAVIGATION AND
HYDROELECTRIC FACILITIES.
(a) In General.--Section 314 of the Water Resources
Development Act of 1990 (33 U.S.C. 2321) is amended--
(1) in the heading by inserting ``navigation and'' before
``hydroelectric facilities'';
(2) in the first sentence, by striking ``Activities
currently performed'' and inserting the following:
``(a) In General.--Activities currently performed'';
(3) in subsection (a) (as designated by paragraph (2)), by
inserting ``navigation or'' before ``hydroelectric'';
(4) in the second sentence, by striking ``This section''
and inserting the following:
``(b) Major Maintenance Contracts Allowed.--This section'';
and
(5) by adding at the end the following:
``(c) Exclusion.--This section does not--
``(1) apply to a navigation facility that was under
contract on or before the date of enactment of this
subsection with a non-Federal interest to perform operations
or maintenance; and
``(2) prohibit the Secretary from contracting out
commercial activities after the date of enactment of this
subsection at a navigation facility.''.
(b) Clerical Amendment.--The table of contents contained in
section 1(b) of the Water Resources Development Act of 1990
(104 Stat. 4604) is amended by striking the item relating to
section 314 and inserting the following:
``Sec. 314. Operation and maintenance of navigation and hydroelectric
facilities.''.
SEC. 1152. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY
NON-FEDERAL INTERESTS.
Section 203 of the Water Resources Development Act of 1986
(33 U.S.C. 2231) is amended--
(1) in subsection (a)(1), by inserting ``federally
authorized'' before ``feasibility study'';
(2) by amending subsection (c) to read as follows:
``(c) Submission to Congress.--
``(1) Review and submission of studies to congress.--Not
later than 180 days after the date of receipt of a
feasibility study of a project under subsection (a)(1), the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that describes--
``(A) the results of the Secretary's review of the study
under subsection (b), including a determination of whether
the project is feasible;
``(B) any recommendations the Secretary may have concerning
the plan or design of the project; and
``(C) any conditions the Secretary may require for
construction of the project.
``(2) Limitation.--The completion of the review by the
Secretary of a feasibility study that has been submitted
under subsection (a)(1) may not be delayed as a result of
consideration being given to changes in policy or priority
with respect to project consideration.''; and
(3) by amending subsection (e) to read as follows:
``(e) Review and Technical Assistance.--
``(1) Review.--The Secretary may accept and expend funds
provided by non-Federal interests to undertake reviews,
inspections, certifications, and other activities that are
the responsibility of the Secretary in carrying out this
section.
``(2) Technical assistance.--At the request of a non-
Federal interest, the Secretary shall provide to the non-
Federal interest technical assistance relating to any aspect
of a feasibility study if the non-Federal interest contracts
with the Secretary to pay all costs of providing such
technical assistance.
``(3) Limitation.--Funds provided by non-Federal interests
under this subsection shall not be eligible for credit under
subsection (d) or reimbursement.
``(4) Impartial decisionmaking.--In carrying out this
section, the Secretary shall ensure that the use of funds
accepted from a non-Federal interest will not affect the
impartial decisionmaking of the Secretary, either
substantively or procedurally.
``(5) Savings provision.--The provision of technical
assistance by the Secretary under paragraph (2)--
``(A) shall not be considered to be an approval or
endorsement of the feasibility study; and
``(B) shall not affect the responsibilities of the
Secretary under subsections (b) and (c).''.
SEC. 1153. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT
PROJECTS BY NON-FEDERAL INTERESTS.
Section 204 of the Water Resources Development Act of 1986
(33 U.S.C. 2232) is amended--
(1) in subsection (b)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by inserting ``federally authorized'' before ``water
resources development project'';
(B) in paragraph (2)(A), by inserting ``, except as
provided in paragraph (3)'' before the semicolon; and
(C) by adding at the end the following:
``(3) Permit exception.--
``(A) In general.--For a project described in subsection
(a)(1) or subsection (a)(3), or a separable element thereof,
with respect to which a written agreement described in
subparagraph (B) has been entered into, a non-Federal
interest that carries out a project under this section shall
not be required to obtain any Federal permits or approvals
that would not be required if the Secretary carried out the
project or separable element unless significant new
circumstances or information relevant to environmental
concerns or compliance have arisen since development of the
project recommendation.
``(B) Written agreement.--For purposes of this paragraph, a
written agreement shall provide that the non-Federal interest
shall comply with the same legal and technical requirements
that would apply if the project or separable element were
carried out by the Secretary, including all mitigation
required to offset environmental impacts of the project or
separable element as determined by the Secretary.
``(C) Certifications.--Notwithstanding subparagraph (A), if
a non-Federal interest carrying out a project under this
section would, in the absence of a written agreement entered
into under this paragraph, be required to obtain a
certification from a State under Federal law to carry out the
project, such certification shall still be required if a
written agreement is entered into with respect to the project
under this paragraph.
``(4) Data sharing.--
``(A) In general.--If a non-Federal interest for a water
resources development project begins to carry out that water
resources development project under this section, the non-
Federal interest may request that the Secretary transfer to
the non-Federal interest all relevant data and documentation
under the control of the Secretary with respect to that water
resources development project.
``(B) Deadline.--Except as provided in subparagraph (C),
the Secretary shall transfer the data and documentation
requested by a non-Federal interest under subparagraph (A)
not later than the date that is 90 days after the date on
which the non-Federal interest so requests such data and
documentation.
``(C) Limitation.--Nothing in this paragraph obligates the
Secretary to share any data or documentation that the
Secretary considers to be proprietary information.'';
(2) by amending subsection (c) to read as follows:
``(c) Studies and Engineering.--
``(1) In general.--When requested by an appropriate non-
Federal interest, the Secretary shall undertake all necessary
studies, engineering, and technical assistance on
construction for any project to be undertaken under
subsection (b), and provide technical assistance in obtaining
all necessary permits for the construction, if the non-
Federal interest contracts with the Secretary to furnish the
United States funds for the studies, engineering, or
technical assistance on construction in the period during
which the studies, engineering, or technical assistance on
construction are being conducted.
``(2) No waiver.--Nothing in this section may be construed
to waive any requirement of section 3142 of title 40, United
States Code.
``(3) Limitation.--Funds provided by non-Federal interests
under this subsection shall not be eligible for credit or
reimbursement under subsection (d).
``(4) Impartial decisionmaking.--In carrying out this
section, the Secretary shall ensure that the use of funds
accepted from a non-Federal interest will not affect the
impartial decisionmaking of the Secretary, either
substantively or procedurally.''; and
(3) in subsection (d)--
(A) in paragraph (3)--
(i) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(ii) in subparagraph (B)(ii), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) in the case of reimbursement, appropriations are
provided by Congress for such purpose.''; and
(B) in paragraph (5)--
(i) by striking ``flood damage reduction'' each place it
appears and inserting ``water resources development'';
(ii) in subparagraph (A), by striking ``for a discrete
segment of a'' and inserting ``for carrying out a discrete
segment of a federally authorized''; and
(iii) in subparagraph (D), in the matter preceding clause
(i), by inserting ``to be carried out'' after ``project''.
SEC. 1154. CORPS BUDGETING; PROJECT DEAUTHORIZATIONS;
COMPREHENSIVE BACKLOG REPORT.
(a) In General.--Section 1001 of the Water Resources
Development Act of 1986 (33 U.S.C. 579a) is amended--
(1) by striking the section designator and all that follows
through ``Any project'' and inserting the following:
``SEC. 1001. CORPS BUDGETING; PROJECT DEAUTHORIZATIONS;
COMPREHENSIVE BACKLOG REPORT.
``(a) Any project''; and
(2) in subsection (b), by striking paragraphs (3) and (4)
and inserting the following:
``(3) Comprehensive construction backlog and operation and
maintenance report.--
``(A) In general.--The Secretary, once every 2 years, shall
compile and publish--
``(i) a complete list of all projects and separable
elements of projects of the Corps of Engineers that are
authorized for construction but have not been completed;
[[Page H8193]]
``(ii) a complete list of all feasibility studies of the
Corps of Engineers that Congress has authorized the Secretary
to carry out for which a Report of the Chief of Engineers has
not been issued;
``(iii) a complete list of all environmental infrastructure
projects authorized by Congress under section 219 of the
Water Resources Development Act of 1992 (106 Stat. 4835); and
``(iv) a list of major Federal operation and maintenance
needs of projects and properties under the control of the
Corps of Engineers.
``(B) Required information.--The Secretary shall include on
each list developed under clause (i), (ii), or (iii) of
subparagraph (A) for each feasibility study, project, and
separable element on that list--
``(i) the date of authorization of the feasibility study,
project, or separable element, including any subsequent
modifications to the original authorization;
``(ii) the original budget authority for the feasibility
study, project, or separable element;
``(iii) a brief description of the feasibility study,
project, or separable element;
``(iv) the estimated date of completion of the feasibility
study, project, or separable element, assuming all capability
is fully funded;
``(v) the estimated total cost of completion of the
feasibility study, project, or separable element;
``(vi) the amount of funds spent on the feasibility study,
project, or separable element, including Federal and non-
Federal funds;
``(vii) the amount of appropriations estimated to be
required in each fiscal year during the period of
construction to complete the project or separable element by
the date specified under clause (iv);
``(viii) the location of the feasibility study, project, or
separable element;
``(ix) a statement from the non-Federal interest for the
project or separable element indicating the non-Federal
interest's capability to provide the required local
cooperation estimated to be required for the project or
separable element in each fiscal year during the period of
construction;
``(x) the benefit-cost ratio of the project or separable
element, calculated using the discount rate specified by the
Office of Management and Budget for purposes of preparing the
President's budget pursuant to chapter 11 of title 31, United
States Code;
``(xi) the benefit-cost ratio of the project or separable
element, calculated using the discount rate utilized by the
Corps of Engineers for water resources development project
planning pursuant to section 80 of the Water Resources
Development Act of 1974 (42 U.S.C. 1962d-17); and
``(xii) the last fiscal year in which the project or
separable element incurred obligations.
``(C) Required operation and maintenance information.--The
Secretary shall include on the list developed under
subparagraph (A)(iv), for each project and property under the
control of the Corps of Engineers on that list--
``(i) the authority under which the project was authorized
or the property was acquired by the Corps of Engineers;
``(ii) a brief description of the project or property;
``(iii) an estimate of the Federal costs to meet the major
operation and maintenance needs at the project or property;
and
``(iv) an estimate of unmet or deferred operation and
maintenance needs at the project or property.
``(D) Publication.--
``(i) In general.--For fiscal year 2020, and once every 2
years thereafter, in conjunction with the President's annual
budget submission to Congress under section 1105(a) of title
31, United States Code, the Secretary shall submit a copy of
the lists developed under subparagraph (A) to--
``(I) the Committee on Environment and Public Works and the
Committee on Appropriations of the Senate and the Committee
on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives; and
``(II) the Director of the Office of Management and Budget.
``(ii) Public availability.--The Secretary shall make a
copy of the lists available on a publicly accessible website
site in a manner that is downloadable, searchable, and
sortable.''.
(b) Budgetary Evaluation Metrics and Transparency.--
Beginning in fiscal year 2020, in the formulation of the
annual budget request for the U.S. Army Corps of Engineers
(Civil Works) pursuant to section 1105(a) of title 31, United
States Code, the President shall ensure that such budget
request--
(1) aligns the assessment of the potential benefit-cost
ratio for budgeting water resources development projects with
that used by the Corps of Engineers during project plan
formulation and evaluation pursuant to section 80 of the
Water Resources Development Act of 1974 (42 U.S.C. 1962d-17);
and
(2) demonstrates the transparent criteria and metrics
utilized by the President in the evaluation and selection of
water resources development projects included in such budget
request.
(c) Public Participation.--In the development of, or any
proposed major substantive modification to, a proposed budget
for water resources development projects, the Secretary,
through each District shall, not less frequently than
annually--
(1) provide to non-Federal interests and other interested
stakeholders information on the proposed budget for projects
or substantive modifications to project budgets within each
District's jurisdiction;
(2) hold multiple public meetings to discuss the budget for
projects within each District's jurisdiction; and
(3) provide to non-Federal interests the opportunity to
collaborate with District personnel for projects within each
District's jurisdiction--
(A) to support information sharing; and
(B) to the maximum extent practicable, to share in concept
development and decisionmaking to achieve complementary or
integrated solutions to problems.
SEC. 1155. INDIAN TRIBES.
(a) Cost Sharing Provisions for Territories and Indian
Tribes.--Section 1156(a)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 2310(a)(2)) is amended by
striking ``(as defined'' and all that follows through the
period at the end and inserting ``or tribal organization (as
those terms are defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304)).''.
(b) Written Agreement Requirement for Water Resources
Projects.--Section 221(b)(1) of the Flood Control Act of 1970
(42 U.S.C. 1962d-5b(b)(1)) is amended by striking
``(including a'' and all that follows through ``; or'' at the
end and inserting ``(including an Indian tribe and a tribal
organization (as those terms are defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)); or''.
SEC. 1156. INFLATION ADJUSTMENT OF COST-SHARING PROVISIONS
FOR TERRITORIES AND INDIAN TRIBES.
Section 1156(b) of the Water Resources Development Act of
1986 (33 U.S.C. 2310(b)) is amended by striking ``the date of
enactment of this subsection'' and inserting ``the date of
enactment of the Water Resources Development Act of 2018''.
SEC. 1157. CORPS OF ENGINEERS CONTINUING AUTHORITIES PROGRAM.
(a) Storm and Hurricane Restoration and Impact Minimization
Program.--Section 3(c)(1) of the Act of August 13, 1946 (33
U.S.C. 426g(c)(1)) is amended by striking ``$30,000,000'' and
inserting ``$37,500,000''.
(b) Small River and Harbor Improvement Projects.--Section
107(a) of the River and Harbor Act of 1960 (33 U.S.C. 577(a))
is amended by striking ``$50,000,000'' and inserting
``$62,500,000''.
(c) Shore Damage Prevention or Mitigation.--Section 111(c)
of the River and Harbor Act of 1968 (33 U.S.C. 426i(c)) is
amended by striking ``$10,000,000'' and inserting
``$12,500,000''.
(d) Regional Sediment Management.--Section 204(g) of the
Water Resources Development Act of 1992 (33 U.S.C. 2326(g))
is amended in the first sentence by striking ``$50,000,000''
and inserting ``$62,500,000''.
(e) Small Flood Control Projects.--Section 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s) is amended in the first
sentence by striking ``$55,000,000'' and inserting
``$68,750,000''.
(f) Aquatic Ecosystem Restoration.--Section 206(f) of the
Water Resources Development Act of 1996 (as redesignated by
section 1149) is amended by striking ``$50,000,000'' and
inserting ``$62,500,000''.
(g) Project Modifications for Improvement of Environment.--
Section 1135(h) of the Water Resources Development Act of
1986 (33 U.S.C. 2309a(h)) is amended by striking
``$40,000,000'' and inserting ``$50,000,000''.
(h) Emergency Streambank and Shoreline Protection.--Section
14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is
amended by striking ``$20,000,000'' and inserting
``$25,000,000''.
(i) Tribal Partnership Program.--Section 203(b)(4) of the
Water Resources Development Act of 2000 (33 U.S.C. 2269) is
amended to read as follows:
``(4) Design and construction.--
``(A) In general.--The Secretary may carry out the design
and construction of a water resources development project, or
separable element of a project, described in paragraph (1)
that the Secretary determines is feasible if the Federal
share of the cost of the project or separable element is not
more than $12,500,000.
``(B) Specific authorization.--If the Federal share of the
cost of the project or separable element described in
subparagraph (A) is more than $12,500,000, the Secretary may
only carry out the project or separable element if Congress
enacts a law authorizing the Secretary to carry out the
project or separable element.''.
SEC. 1158. HURRICANE AND STORM DAMAGE REDUCTION.
Section 156 of the Water Resources Development Act of 1976
(42 U.S.C. 1962d-5f) is amended--
(1) in subsection (b)--
(A) by striking ``Notwithstanding'' and inserting the
following:
``(1) In general.--Notwithstanding''; and
(B) by adding at the end the following:
``(2) Timing.--The 15 additional years provided under
paragraph (1) shall begin on the date of initiation of
construction of congressionally authorized nourishment.'';
and
(2) in subsection (e), by striking ``5 year-period'' and
inserting ``10-year period''.
SEC. 1159. REGIONAL COALITIONS AND HIGHER EDUCATION.
Section 22(a) of the Water Resources Development Act of
1974 (42 U.S.C. 1962d-16(a)) is amended--
(1) by amending paragraph (1) to read as follows:
[[Page H8194]]
``(1) Comprehensive plans.--The Secretary of the Army,
acting through the Chief of Engineers, is authorized to
cooperate with any State, group of States, non-Federal
interest working with a State or group of States, or regional
coalition of governmental entities in the preparation of
comprehensive plans for the development, utilization, and
conservation of the water and related resources of drainage
basins, watersheds, or ecosystems located within the
boundaries of such State, interest, or entity, including
plans to comprehensively address water resources challenges,
and to submit to Congress reports and recommendations with
respect to appropriate Federal participation in carrying out
such plans.''; and
(2) by adding at the end the following:
``(3) Institution of higher education.--Notwithstanding
section 236 of title 10, United States Code, in carrying out
this subsection, the Secretary may work with an institution
of higher education, as determined appropriate by the
Secretary.''.
SEC. 1160. EMERGENCY RESPONSE TO NATURAL DISASTERS.
Section 5(a)(1) of the Act of August 18, 1941 (33 U.S.C.
701n(a)(1)) is amended in the first sentence--
(1) by striking ``strengthening, raising, extending, or
other modification thereof'' and inserting ``strengthening,
raising, extending, realigning, or other modification
thereof''; and
(2) by striking ``structure or project damaged or destroyed
by wind, wave, or water action of other than an ordinary
nature to the design level of protection when, in the
discretion of the Chief of Engineers,'' and inserting
``structure or project damaged or destroyed by wind, wave, or
water action of other than an ordinary nature to either the
pre-storm level or the design level of protection, whichever
provides greater protection, when, in the discretion of the
Chief of Engineers,''.
SEC. 1161. COST AND BENEFIT FEASIBILITY ASSESSMENT.
(a) Cost Benefit and Special Conditions.--Section 5(a) of
the Act of August 18, 1941 (33 U.S.C. 701n(a)), as amended by
this Act, is further amended by striking paragraph (2) and
inserting the following:
``(2) Cost and benefit feasibility assessment.--
``(A) Consideration of benefits.--In preparing a cost and
benefit feasibility assessment for any emergency project
described in paragraph (1), the Chief of Engineers shall
consider the benefits to be gained by such project for the
protection of--
``(i) residential establishments;
``(ii) commercial establishments, including the protection
of inventory; and
``(iii) agricultural establishments, including the
protection of crops.
``(B) Special conditions.--
``(i) Authority to carry out work.--The Chief of Engineers
may carry out repair or restoration work described in
paragraph (1) that does not produce benefits greater than the
cost if--
``(I) the non-Federal sponsor agrees to pay an amount
sufficient to make the remaining costs of the project equal
to the estimated value of the benefits of the repair or
restoration work; and
``(II) the Secretary determines that--
``(aa) the damage to the structure was not a result of
negligent operation or maintenance; and
``(bb) repair of the project could benefit another Corps
project.
``(ii) Treatment of payments.--Non-Federal payments
pursuant to clause (i) shall be in addition to any non-
Federal payments required by the Chief of Engineers that are
applicable to the remaining costs of the repair or
restoration work.''.
(b) Continued Eligibility.--Notwithstanding a non-Federal
flood control work's status in the Rehabilitation and
Inspection Program carried out pursuant to section 5 of the
Act of August 18, 1941 (33 U.S.C. 701n), any unconstructed
emergency project for the non-Federal flood control work that
was formulated during the three fiscal years preceding the
fiscal year in which this Act was enacted but that was
determined to not produce benefits greater than costs shall
remain eligible for assistance under such section 5 until the
last day of the third fiscal year following the fiscal year
in which this Act was enacted if--
(1) the non-Federal sponsor agrees, in accordance with such
section 5, as amended by this Act, to pay an amount
sufficient to make the remaining costs of the project equal
to the estimated value of the benefits of the repair or
restoration work; and
(2) the Secretary determines that--
(A) the damage to the structure was not as a result of
negligent operation or maintenance; and
(B) repair of the project could benefit another Corps
project.
SEC. 1162. EXTENDED COMMUNITY ASSISTANCE BY THE CORPS OF
ENGINEERS.
Section 5(a) of the Act of August 18, 1941 (33 U.S.C.
701n(a)), as amended by this Act, is further amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Extended assistance.--Upon request by a locality
receiving assistance under the fourth sentence of paragraph
(1), the Secretary shall, subject to the availability of
appropriations, enter into an agreement with the locality to
provide such assistance beyond the time period otherwise
provided for by the Secretary under such sentence.''.
SEC. 1163. DAM SAFETY.
Section 14 of the National Dam Safety Program Act (33
U.S.C. 467j) is amended by striking ``2015 through 2019''
each place it appears and inserting ``2019 through 2023''.
SEC. 1164. LOCAL GOVERNMENT WATER MANAGEMENT PLANS.
With the consent of the non-Federal interest for a
feasibility study for a water resources development project,
the Secretary may enter into a written agreement under
section 221(a) of the Flood Control Act of 1970, with a unit
of local government in the watershed that has adopted a local
or regional water management plan, to allow the unit of local
government to participate in the feasibility study to
determine if there is an opportunity to include additional
feasible elements in the project in order to help achieve the
purposes identified in the local or regional water management
plan.
SEC. 1165. STRUCTURES AND FACILITIES CONSTRUCTED BY
SECRETARY.
Section 14 of the Act of March 3, 1899 (33 U.S.C. 408) is
amended by adding at the end the following:
``(d) Work Defined.--For the purposes of this section, the
term `work' shall not include unimproved real estate owned or
operated by the Secretary as part of a water resources
development project if the Secretary determines that
modification of such real estate would not affect the
function and usefulness of the project.''.
SEC. 1166. ADVANCED FUNDS FOR WATER RESOURCES DEVELOPMENT
STUDIES AND PROJECTS.
(a) Contributions by States and Political Subdivisions for
Immediate Use on Authorized Flood-Control Work; Repayment.--
The Act of October 15, 1940 (33 U.S.C. 701h-1) is amended--
(1) by striking ``a flood-control project duly adopted and
authorized by law'' and inserting ``a federally authorized
water resources development project,'';
(2) by striking ``such work'' and inserting ``such
project'';
(3) by striking ``from appropriations which may be provided
by Congress for flood-control work'' and inserting ``if
appropriations are provided by Congress for such purpose'';
and
(4) by adding at the end the following: ``For purposes of
this Act, the term `State' means the several States, the
District of Columbia, the commonwealths, territories, and
possessions of the United States, and Indian tribes (as
defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304(e))).''.
(b) No Adverse Effect on Processes.--In implementing any
provision of law that authorizes a non-Federal interest to
provide, advance, or contribute funds to the Secretary for
the development or implementation of a water resources
development project (including sections 203 and 204 of the
Water Resources Development Act of 1986 (33 U.S.C. 2231,
2232), section 5 of the Act of June 22, 1936 (33 U.S.C.
701h), and the Act of October 15, 1940 (33 U.S.C. 701h-1)),
the Secretary shall ensure, to the maximum extent
practicable, that the use by a non-Federal interest of such
authorities does not adversely affect--
(1) the process or timeline for development and
implementation of other water resources development projects
by other non-Federal entities that do not use such
authorities; or
(2) the process for including such projects in the
President's annual budget submission to Congress under
section 1105(a) of title 31, United States Code.
(c) Advances by Private Parties; Repayment.--Section 11 of
the Act of March 3, 1925 (Chapter 467; 33 U.S.C. 561) is
repealed.
SEC. 1167. COSTS IN EXCESS OF FEDERAL PARTICIPATION LIMIT.
Section 14 of the Flood Control Act of 1946 (33 U.S.C.
701r), as amended by this Act, is further amended by
inserting ``, and if such amount is not sufficient to cover
the costs included in the Federal cost share for a project,
as determined by the Secretary, the non-Federal interest
shall be responsible for any such costs that exceed such
amount'' before the period at the end.
SEC. 1168. DISPOSITION OF PROJECTS.
(a) In General.--In carrying out a disposition study for a
project of the Corps of Engineers, or a separable element of
such a project, including a disposition study under section
216 of the Flood Control Act of 1970 (33 U.S.C. 549a), the
Secretary shall consider modifications that would improve the
overall quality of the environment in the public interest,
including removal of the project or separable element of a
project.
(b) Disposition Study Transparency.--The Secretary shall
carry out disposition studies described in subsection (a) in
a transparent manner, including by--
(1) providing opportunities for public input; and
(2) publishing the final disposition studies.
(c) Removal of Infrastructure.--For disposition studies
described in subsection (a) in which the Secretary determines
that a Federal interest no longer exists, and makes a
recommendation of removal of the project or separable element
of a project, the Secretary is authorized, using existing
authorities, to pursue removal of the project or separable
element of a project in partnership with other Federal
agencies and non-Federal entities with appropriate
capabilities to undertake infrastructure removal.
[[Page H8195]]
SEC. 1169. CONTRIBUTED FUNDS FOR NON-FEDERAL RESERVOIR
OPERATIONS.
Section 5 of the Act of June 22, 1936 (33 U.S.C. 701h), is
amended by inserting after ``authorized purposes of the
project:'' the following: ``Provided further, That the
Secretary is authorized to receive and expend funds from an
owner of a non-Federal reservoir to formulate, review, or
revise operational documents for any non-Federal reservoir
for which the Secretary is authorized to prescribe
regulations for the use of storage allocated for flood
control or navigation pursuant to section 7 of the Act of
December 22, 1944 (33 U.S.C. 709):''.
SEC. 1170. WATERCRAFT INSPECTION STATIONS.
Section 104 of the River and Harbor Act of 1958 (33 U.S.C.
610) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $110,000,000 for each fiscal year,
of which--
``(A) $30,000,000 shall be made available to carry out
subsection (d)(1)(A)(i);
``(B) $30,000,000 shall be made available to carry out
subsection (d)(1)(A)(ii); and
``(C) $30,000,000 shall be made available to carry out
subsection (d)(1)(A)(iii).
``(2) Control operations.--Any funds made available under
paragraph (1) to be used for control operations shall be
allocated by the Chief of Engineers on a priority basis,
based on the urgency and need of each area and the
availability of local funds.''; and
(2) in subsection (d)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--
``(A) Watercraft inspection stations.--In carrying out this
section, the Secretary shall establish (as applicable),
operate, and maintain new or existing watercraft inspection
stations--
``(i) to protect the Columbia River Basin;
``(ii) to protect the Upper Missouri River Basin; and
``(iii) to protect the Upper Colorado River Basin and the
South Platte and Arizona River Basins.
``(B) Locations.--The Secretary shall establish watercraft
inspection stations under subparagraph (A) at locations with
the highest likelihood of preventing the spread of aquatic
invasive species at reservoirs operated and maintained by the
Secretary, as determined by the Secretary in consultation
with States within the areas described in subparagraph (A).
``(C) Rapid response.--The Secretary shall assist States
within the areas described in subparagraph (A) with rapid
response to any aquatic invasive species, including quagga or
zebra mussel, infestation.''; and
(B) by amending paragraph (3)(A) to read as follows:
``(A) the Governors of the States within the areas
described in each of clauses (i) through (iii) of paragraph
(1)(A), as applicable;''.
SEC. 1171. RESTRICTED AREAS AT CORPS OF ENGINEERS DAMS.
Section 2 of the Freedom to Fish Act (Public Law 113-13;
127 Stat. 449, 128 Stat. 1271) is amended by striking ``4
years after the date of enactment of the Water Resources
Reform and Development Act of 2014'' each place it appears
and inserting ``5 years after the date of enactment of the
Water Resources Development Act of 2018''.
SEC. 1172. COASTAL EROSION.
(a) In General.--Pursuant to section 111 of the River and
Harbor Act of 1968 (33 U.S.C. 426i), the Secretary shall, to
the maximum extent practicable, complete operation and
maintenance renourishment to mitigate coastal erosion
attributed to Federal project structures in the upper
northeast United States.
(b) Project Selection.--In carrying out the work under
subsection (a), the Secretary shall--
(1) identify and carry out not more than 5 projects--
(A) located in any of the States of Maine, New Hampshire,
Massachusetts, Connecticut, Rhode Island, or New York; and
(B) for which a feasibility study has been completed by
December 31, 2019, that includes findings that a Federal
project structure is interrupting the natural flow of
sediment and causing coastal erosion; and
(2) consult with relevant State agencies in selecting
projects.
SEC. 1173. PROHIBITION ON SURPLUS WATER FEES, LAKE CUMBERLAND
WATERSHED, KENTUCKY AND TENNESSEE.
(a) In General.--The Secretary shall not charge a fee for
surplus water under a contract entered into pursuant to
section 6 of the Act of December 22, 1944 (33 U.S.C. 708), if
the contract is for surplus water stored in the Lake
Cumberland Watershed, Kentucky and Tennessee.
(b) Termination.--The limitation under subsection (a) shall
expire on the date that is 2 years after the date of
enactment of this Act.
(c) Applicability.--Nothing in this section--
(1) affects the authority of the Secretary under section
2695 of title 10, United States Code, to accept funds or to
cover the administrative expenses relating to certain real
property transactions;
(2) affects the application of section 6 of the Act of
December 22, 1944 (33 U.S.C. 708) or section 301 of the Water
Supply Act of 1958 (43 U.S.C. 390b) to surplus water stored
outside of the Lake Cumberland Watershed, Kentucky and
Tennessee; or
(3) affects the authority of the Secretary to accept funds
under section 216(c) of the Water Resources Development Act
of 1996 (33 U.S.C. 2321a(c)).
SEC. 1174. MIDDLE RIO GRANDE PEAK FLOW RESTORATION.
(a) Restarting of Temporary Deviation.--Subject to
subsection (b), the Secretary shall restart the temporary
deviation in the operation of Cochiti Lake and Jemez Canyon
Dam, that was initiated in 2009 and terminated in 2013, to
continue to evaluate the effects of the deviation.
(b) Approval and Consultation.--Before restarting the
temporary deviation under subsection (a), the Secretary
shall, as required under the applicable water control
manuals--
(1) first obtain approval from--
(A) Pueblo de Cochiti;
(B) Pueblo of Santa Ana; and
(C) the Rio Grande Compact Commission established by the
compact approved by Congress under the Act of May 31, 1939
(53 Stat. 785, chapter 155); and
(2) to the maximum extent practicable, consult with the
existing Cochiti Lake Environmental Resources Team, which
includes other Federal agencies and landowners in the region.
(c) Sunset.--The authority to conduct the temporary
deviation described in subsection (a) shall terminate on the
date that is 5 years after the date on which the Secretary
restarts the temporary deviation under such subsection.
SEC. 1175. PROHIBITION OF ADMINISTRATIVE FEES IN IMPLEMENTING
ROUGH RIVER LAKE FLOWAGE EASEMENT ENCROACHMENT
RESOLUTION PLAN.
(a) Definitions.--In this section:
(1) Eligible property owner.--The term ``eligible property
owner'' means the owner of a property--
(A)(i) described in Scenario A, B, C, or D in the Plan; or
(ii) that consists of vacant land located above 534 feet
mean sea level that is encumbered by a Rough River Lake
flowage easement; and
(B) for which the Rough River Lake flowage easement is not
required to address backwater effects.
(2) Plan.--The term ``Plan'' means the Rough River Lake
Flowage Easement Encroachment Resolution Plan of the Corps of
Engineers, dated January 2017.
(b) Prohibition on Assessing Administrative Fees.--
Notwithstanding any other provision of law, in carrying out
the Plan, the Secretary may not impose on or collect from any
eligible property owner any administrative fee, including--
(1) a fee to pay the costs to the Corps of Engineers of
processing requests to resolve encroachments under the Plan;
(2) fees for deed drafting and surveying; and
(3) any other administrative cost incurred by the Corps of
Engineers in implementing the Plan.
(c) Refund of Administrative Fees.--In the case of an
eligible property owner who has paid any administrative fees
described in paragraphs (1) through (3) of subsection (b) to
the Corps of Engineers, the Corps of Engineers shall refund
those fees on request of the eligible property owner.
(d) Savings Provision.--Nothing in this section affects the
responsibility or authority of the Secretary to continue
carrying out the Plan, including any work necessary to
extinguish the flowage easement of the United States with
respect to the property of any eligible property owner.
SEC. 1176. PRECONSTRUCTION ENGINEERING DESIGN DEMONSTRATION
PROGRAM.
(a) Definition of Environmental Impact Statement.--In this
section, the term ``environmental impact statement'' means
the detailed written statement required under section
102(2)(C) of the National Environmental Policy Act of 1969
(42 U.S.C. 4332(2)(C)).
(b) Demonstration Program.--The Secretary shall establish a
demonstration program to allow a project authorized to
execute pursuant to section 211 of the Water Resources
Development Act of 1996 (33 U.S.C. 701b-13) (as in effect on
the day before the date of enactment of the Water Resources
Reform and Development Act of 2014 (128 Stat. 1193)) to begin
preconstruction engineering and design on a determination by
the Secretary that the project is technically feasible,
economically justified, and environmentally acceptable.
(c) Requirements.--For each project authorized to begin
preconstruction engineering and design under subsection (b)--
(1) the project shall conform to the feasibility study and
the environmental impact statement approved by the Secretary;
and
(2) the Secretary and the non-Federal sponsor shall jointly
agree to the construction design of the project.
(d) Secretary Review of Potential Adverse Impacts.--When
reviewing the feasibility study and the environmental impact
statement for a project under subsection (b), the Secretary
shall follow current USACE Policy, Regulations, and Guidance,
to assess potential adverse downstream impacts to the Pearl
River Basin. Upon completion of the Secretary's determination
under subsection (b), the non-Federal sponsor shall design
the project in a manner that addresses any potential adverse
impacts or that provides mitigation in accordance with
section 906 of the Water Resources Development Act of 1986
(33 U.S.C. 2283).
[[Page H8196]]
(e) Sunset.--The authority to carry out the demonstration
program under this section shall terminate on the date that
is 5 years after the date of enactment of this Act.
(f) Savings Provision.--Nothing in this section supersedes,
precludes, or affects any applicable requirements for a
project under subsection (b) under--
(1) section 906 of the Water Resources Development Act of
1986 (33 U.S.C. 2283); or
(2) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
Subtitle B--Studies and Reports
SEC. 1201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.
The Secretary is authorized to conduct a feasibility study
for the following projects for water resources development
and conservation and other purposes, as identified in the
reports titled ``Report to Congress on Future Water Resources
Development'' submitted to Congress on March 17, 2017, and
February 5, 2018, respectively, pursuant to section 7001 of
the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2282d) or otherwise reviewed by Congress:
(1) Cave buttes dam, arizona.--Project for flood risk
management, Phoenix, Arizona.
(2) San diego river, california.--Project for flood risk
management, navigation, and ecosystem restoration, San Diego,
California.
(3) J. bennett johnston waterway, louisiana.--Project for
navigation, J. Bennett Johnston Waterway, Louisiana.
(4) Northshore, louisiana.--Project for flood risk
management, St. Tammany Parish, Louisiana.
(5) Ouachita-black rivers, louisiana.--Project for
navigation, Little River, Louisiana.
(6) Chautauqua lake, new york.--Project for ecosystem
restoration and flood risk management, Chautauqua, New York.
(7) Trinity river and tributaries, texas.--Project for
navigation, Liberty, Texas.
(8) West cell levee, texas.--Project for flood risk
management, Irving, Texas.
(9) Coastal virginia, virginia.--Project for flood risk
management, ecosystem restoration, and navigation, Coastal
Virginia.
(10) Tangier island, virginia.--Project for flood risk
management and ecosystem restoration, Tangier Island,
Virginia.
SEC. 1202. ADDITIONAL STUDIES.
(a) Lower Mississippi River; Missouri, Kentucky, Tennessee,
Arkansas, Mississippi, and Louisiana.--
(1) In general.--The Secretary is authorized to carry out
studies to determine the feasibility of habitat restoration
for each of the eight reaches identified as priorities in the
report prepared by the Secretary pursuant to section 402 of
the Water Resources Development Act of 2000, titled ``Lower
Mississippi River Resource Assessment; Final Assessment In
Response to Section 402 of WRDA 2000'' and dated July 2015.
(2) Consultation.--The Secretary shall consult with the
Lower Mississippi River Conservation Committee during each
feasibility study carried out under paragraph (1).
(b) St. Louis Riverfront, Meramec River Basin, Missouri and
Illinois.--
(1) In general.--The Secretary is authorized to carry out
studies to determine the feasibility of a project for
ecosystem restoration and flood risk management in Madison,
St. Clair, and Monroe Counties, Illinois, St. Louis City, and
St. Louis, Jefferson, Franklin, Gasconade, Maries, Phelps,
Crawford, Dent, Washington, Iron, St. Francois, St.
Genevieve, Osage, Reynolds, and Texas Counties, Missouri.
(2) Continuation of existing study.--Any study carried out
under paragraph (1) shall be considered a continuation of the
study being carried out under Committee Resolution 2642 of
the Committee on Transportation and Infrastructure of the
House of Representatives, adopted June 21, 2000.
SEC. 1203. EXPEDITED COMPLETION.
(a) Feasibility Reports.--The Secretary shall expedite the
completion of a feasibility study for each of the following
projects, and if the Secretary determines that the project is
justified in a completed report, may proceed directly to
preconstruction planning, engineering, and design of the
project:
(1) Project for riverbank stabilization, Selma, Alabama.
(2) Project for ecosystem restoration, Three Mile Creek,
Alabama.
(3) Project for navigation, Nome, Alaska.
(4) Project for flood diversion, Seward, Alaska.
(5) Project for flood control, water conservation, and
related purposes, Coyote Valley Dam, California.
(6) Project for flood risk management, Lower Cache Creek,
California.
(7) Project for flood risk management, Lower San Joaquin
River, California, as described in section 1322(b)(2)(F) of
the Water Resources Development Act of 2016 (130 Stat. 1707)
(second phase of feasibility study).
(8) Project for flood risk management, South San Francisco,
California.
(9) Project for flood risk management and ecosystem
restoration, Tijuana River, California.
(10) Project for flood damage reduction, Westminster-East
Garden Grove, California.
(11) Project for flood risk management in East Hartford,
Connecticut.
(12) Project for flood risk management in Hartford,
Connecticut.
(13) Projects under the Comprehensive Flood Mitigation
Study for the Delaware River Basin.
(14) Project for ecosystem restoration, Lake Apopka,
Florida.
(15) Project for ecosystem restoration, Kansas River Weir,
Kansas.
(16) Project for navigation and channel deepening, Baptiste
Collette Bayou, Louisiana, under section 203 of the Water
Resources Development Act of 1986 (33 U.S.C. 2231).
(17) Project for navigation and channel deepening, Houma
Navigation Canal, Louisiana, under section 203 of the Water
Resources Development Act of 1986 (33 U.S.C. 2231).
(18) Project for navigation and channel deepening, Bayou
Lafourche, Louisiana, under section 203 of the Water
Resources Development Act of 1986 (33 U.S.C. 2231).
(19) Project for flood damage reduction and ecosystem
restoration, St. Tammany Parish, Louisiana.
(20) Project for ecosystem restoration, Warren Glen Dam
Removal, Musconetcong River, New Jersey.
(21) Project for flood risk management, Rahway River Basin,
New Jersey.
(22) The Hudson-Raritan Estuary Comprehensive Restoration
Project, New Jersey and New York.
(23) Project for flood control and water supply, Abiquiu
Dam, New Mexico.
(24) Project for reformulation, East Rockaway Inlet to
Rockaway Inlet and Jamaica Bay, Queens, New York.
(25) Project for navigation, New York-New Jersey Harbor and
Tributaries Focus Area.
(26) Project for water resource improvements, Willamette
River Basin, Fern Ridge, Oregon.
(27) Project for coastal storm risk management, Pawcatuck
River, Rhode Island.
(28) Project for the Rhode Island historical structure
flood hazard vulnerability assessment.
(29) Project for coastal storm risk management, Norfolk,
Virginia.
(30) Project for navigation, Tacoma Harbor, Washington.
(b) Lower San Joaquin River, California.--In expediting
completion of the second phase of the Lower San Joaquin River
feasibility study under subsection (a)(7), the Secretary
shall review and give priority to any plans and designs
requested by non-Federal interests and incorporate such plans
and designs into the Federal study if the Secretary
determines that such plans and designs are consistent with
Federal standards.
(c) Hudson-Raritan Estuary Comprehensive Restoration
Project, New Jersey and New York.--In the case of a
recommendation for restoration activities within the Jamaica
Bay Unit of the Hudson-Raritan Estuary Comprehensive
Restoration Project, New Jersey and New York, under
subsection (a)(22), which are to protect property under the
jurisdiction of the National Park Service, the Secretary may
recommend to Congress that the Secretary accept and expend
funds from the National Park Service to carry out such
activities.
(d) Post-Authorization Change Report.--The Secretary shall
expedite completion of a post-authorization change report for
the project for flood risk management, San Luis Rey River
Flood Control Protection Project, California.
(e) Huntingdon County, Pennsylvania.--
(1) In general.--The Secretary shall expedite the updating
of the master plan for the Juniata River and tributaries
project, Huntingdon County, Pennsylvania, authorized by
section 203 of the Flood Control Act of 1962 (Public Law 87-
874; 76 Stat. 1182).
(2) Process.--In carrying out subsection (a), the Secretary
shall update the master plan in accordance with section
1309(a)(2) of the Water Resources Development Act of 2016
(Public Law 114-322; 130 Stat. 1693).
(f) Upper Missouri River Basin Flood and Drought
Monitoring.--The Secretary shall expedite activities
authorized under section 4003(a) of the Water Resources
Reform and Development Act of 2014 (128 Stat. 1311, 130 Stat.
1677).
(g) Project Modifications for Improvement of Environment.--
For fiscal years 2019 and 2020, the Secretary shall give
priority to projects that restore degraded ecosystems through
modification of existing flood risk management projects for
projects--
(1) authorized under section 1135 of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a); and
(2) located within the Upper Missouri River Basin.
(h) Expedited Completion of Certain Projects.--It is the
sense of Congress that the Secretary should provide funding
for, and expedite the completion of, the following projects:
(1) West Haven, Connecticut, as authorized by section 101
of the River and Harbor Act of 1954 (68 Stat. 1254) and
section 3 of the Act of August 13, 1946 (60 Stat. 1056,
chapter 960; 33 U.S.C. 426g).
(2) Providence River, Rhode Island, as authorized by the
first section of the Act of August 26, 1937 (50 Stat. 845,
chapter 832) and section 301 of the River and Harbor Act of
1965 (79 Stat. 1089).
(3) Morganza to the Gulf, Louisiana, as authorized by
section 7002(3) of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1368).
(4) Louisiana Coastal Area, Louisiana, as authorized by
section 7002(5) of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1369).
[[Page H8197]]
(5) Louisiana Coastal Area-Barataria Basin Barrier,
Louisiana, as authorized by section 7002(5) of the Water
Resources Reform and Development Act of 2014 (128 Stat.
1370).
(6) West Shore Lake Pontchartrain, Louisiana, as authorized
by section 1401(3) of the Water Resources Development Act of
2016 (130 Stat. 1712).
(7) Southwest Coastal Louisiana, Louisiana, as authorized
by section 1401(8) of the Water Resources Development Act of
2016 (130 Stat. 1715).
(8) West Thompson Lake, Connecticut, as authorized by
section 203 of the Flood Control Act of 1960 (74 Stat. 489).
SEC. 1204. GAO STUDY ON BENEFIT-COST ANALYSIS REFORMS.
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall--
(1) conduct a study on the benefit-cost procedures of the
Secretary and the Director of the Office of Management and
Budget (referred to in this section as the ``Director''),
including--
(A) an examination of the benefits and costs that the
Secretary and the Director do and do not include in the
benefit-cost calculation, including, at a minimum, local and
regional economic benefits; and
(B) a review of the calculation, if any, of navigation
benefits used in a benefit-cost calculation for a non-
commercial harbor that is used by a State maritime academy
(as defined in section 51102 of title 46, United States Code)
for military training purposes; and
(2) submit to Congress a report that--
(A) describes the results of the study under paragraph (1);
and
(B) includes recommendations for legislative or regulatory
changes to improve the benefit-cost analysis procedures of
the Secretary and the Director.
SEC. 1205. HARBOR MAINTENANCE TRUST FUND REPORT.
(a) Deadline.--Not later than 180 days after enactment of
this Act, the Secretary shall submit reports under section
210(e)(3) of the Water Resources Development Act of 1986 (33
U.S.C. 2238(e)(3)) and section 330 of the Water Resources
Development Act of 1992 (26 U.S.C. 9505 note; Public Law 102-
580) to the Committee on Transportation and Infrastructure of
the House of Representatives and to the Committee on
Environment and Public Works of the Senate.
(b) Additional Information.--For each report described in
subsection (a) that is submitted after the date of enactment
of this Act, the Secretary shall include, on a project-by-
project basis, additional information identifying--
(1) the most recent fiscal year for which operations and
maintenance activities have been carried out and the cost of
those activities; and
(2) the operations and maintenance activities that were
performed through either a recommendation from Congress or
unspecified funds made available for ongoing work.
(c) Availability.--The Secretary shall make publicly
available all reports described in subsection (a) submitted
before, on, or after the date of enactment of this Act.
SEC. 1206. IDENTIFICATION OF NONPOWERED DAMS FOR HYDROPOWER
DEVELOPMENT.
(a) In General.--Not later than 18 months after the date of
enactment of this section, the Secretary shall develop a list
of existing nonpowered dams owned and operated by the Corps
of Engineers that have the greatest potential for hydropower
development.
(b) Considerations.--In developing the list under
subsection (a), the Secretary may consider the following:
(1) The compatibility of hydropower generation with
existing purposes of the dam.
(2) The proximity of the dam to existing transmission
resources.
(3) The existence of studies to characterize environmental,
cultural, and historic resources relating to the dam.
(4) Whether hydropower is an authorized purpose of the dam.
(c) Availability.--The Secretary shall provide the list
developed under subsection (a) to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate, and make such list available to the
public.
SEC. 1207. STUDY ON INNOVATIVE PORTS FOR OFFSHORE WIND
DEVELOPMENT.
(a) Definition of Innovative Port for Offshore Wind
Development.--In this section, the term ``innovative port for
offshore wind development'' includes any federally authorized
port or harbor that can accommodate (including through
retrofitting)--
(1) the upright assembly of the majority of an offshore
wind facility, including the foundation, tower, turbine,
blade, and electrical components;
(2) an assembly area, ground-bearing pressure, and overhead
clearance for the assembly of offshore wind facility
turbines, which each have a capacity of up to 20 megawatts;
(3) a heavy-lift quay and not less than 25 acres of port
storage;
(4) innovative offshore wind facility and vessel
technologies that allow for the rapid installation of an
offshore wind facility; and
(5) any other innovative offshore wind facility technology,
as determined by the Secretary.
(b) Study and Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(A) in consultation with the all appropriate Federal
agencies, carry out a study of all federally authorized ports
and harbors, including in the Mid-Atlantic, Gulf Coast, West
Coast, Great Lakes, and New England regions of the United
States, to identify--
(i) not less than 3 suitable federally authorized ports and
harbors in those regions that could become innovative ports
for offshore wind development;
(ii) barriers to the development of innovative ports for
offshore wind development;
(iii) the Federal and State actions, including dredging and
construction of supporting infrastructure, needed to
facilitate the development of the federally authorized ports
and harbors identified under clause (i) to become innovative
ports for offshore wind development; and
(iv) recommendations on any further research needed to
improve federally authorized ports and harbors in the United
States for offshore wind facility development and deployment;
and
(B) submit to Congress a report describing the results of
the study under subparagraph (A).
(2) Consultation.--In carrying out the study under
paragraph (1), the Secretary shall consult with, at a
minimum--
(A) the Governor of each State in which a port or harbor
was identified;
(B) affected port authorities;
(C) units of local government; and
(D) relevant experts in engineering, environment, and
industry considerations.
SEC. 1208. INNOVATIVE MATERIALS AND ADVANCED TECHNOLOGIES
REPORT.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall submit to Congress a report that--
(1) describes activities conducted by the Corps of
Engineers at centers of expertise, technology centers,
technical centers, research and development centers, and
similar facilities and organizations relating to the testing,
research, development, identification, and recommended uses
for innovative materials and advanced technologies, including
construction management technologies, in water resources
development projects; and
(2) provides recommendations for types of water resources
development projects in which innovative materials and
advanced technologies should be used.
SEC. 1209. STUDY AND REPORT ON EXPEDITING CERTAIN WAIVER
PROCESSES.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall complete and submit to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives a report based on the results of a study
on the best options available to the Secretary to implement
the waiver process for the non-Federal cost share under
section 116 of the Energy and Water Development and Related
Agencies Appropriations Act, 2010 (Public Law 111-85; 123
Stat. 2851).
SEC. 1210. REPORT ON DEBRIS REMOVAL.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to Congress and make publicly
available a report that describes--
(1) the extent to which the Secretary has carried out
section 3 of the Act of March 2, 1945 (33 U.S.C. 603a); and
(2) how the Secretary has evaluated potential work to be
carried out under that section.
SEC. 1211. CORPS FLOOD POLICY WITHIN URBAN AREAS.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall report to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate on--
(1) flooding within urban floodplains; and
(2) the Federal policy constraints on the ability of the
Secretary to address urban flooding, including the
regulations under part 238 of title 33, Code of Federal
Regulations (as in effect on the date of enactment of this
Act) (including the limitation under section 238.7(a)(1) of
that title that allows the Secretary to provide assistance
only where the flood discharge of a stream or waterway within
an urban area is greater than 800 cubic feet per second for
the 10-percent flood).
SEC. 1212. FEASIBILITY STUDIES FOR MITIGATION OF DAMAGE.
Not later than one year after the date of enactment of this
Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report that identifies--
(1) feasibility studies that are incomplete as of the date
of enactment of this Act for a project for mitigation of
damage to an area affected by weather or other events for
which--
(A) during the 8-year period ending on the date of
enactment of this Act--
(i) the Secretary provided emergency response under section
5 of the Act of August 18, 1941 (33 U.S.C. 701n); or
(ii) the area received assistance under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.); and
(B) there is significant risk for future similar events (as
determined by the Secretary); and
(2) for each feasibility study identified under paragraph
(1), impediments to completing the study.
[[Page H8198]]
SEC. 1213. APPLICATIONS OF MILITARY LEASING AUTHORITIES.
Not later than 2 years after the date of enactment of this
Act, the Secretary shall--
(1) complete a study on the application of section 2667 of
title 10, United States Code, enhanced use leasing
authorities, and other military leasing authorities to the
civil works program of the Secretary; and
(2) submit to Congress a report on the results of the study
under paragraph (1), including a description of the obstacles
that must be removed so that the Assistant Secretary of the
Army for Civil Works may implement the authorities.
SEC. 1214. COMMUNITY ENGAGEMENT.
(a) Report.--Not later than two years after the date of
enactment of this section, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and
Public Works of the Senate a report on any potential
disproportionate and adverse health or environmental effects
of programs, policies, and activities of the Corps of
Engineers related to water resources development projects on
minority communities, low-income communities, rural
communities, and Indian Tribes.
(b) Consultation.--In preparing the report under subsection
(a), the Secretary shall provide public and private meetings
with representatives of minority communities, low-income
communities, rural communities, and Indian Tribes, as well as
representatives of State and local governments, and shall
ensure that sufficient meetings are held in different
geographic regions of the United States to ensure that a
diversity of views are obtained.
(c) Recommendations.--The report submitted under subsection
(a) shall include--
(1) the identification of any disproportionate and adverse
health or environmental effects to the communities and
Tribes; and
(2) any recommendations of the Secretary for addressing
such effects, including recommended changes to the statutory
or regulatory authorities of the Corps of Engineers, or
changes to the policies or guidance of the Corps of
Engineers.
SEC. 1215. TRANSPARENCY IN ADMINISTRATIVE EXPENSES.
Section 1012(b)(1) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2315a(b)(1)) is amended by
striking ``The Secretary'' and inserting ``Not later than 1
year after the date of enactment of the Water Resources
Development Act of 2018, the Secretary''.
SEC. 1216. ASSESSMENT OF HARBORS AND INLAND HARBORS.
Section 210(e) of the Water Resources Development Act of
1986 (33 U.S.C. 2238) is amended--
(1) in paragraph (1), by striking ``shall assess the'' and
inserting ``shall assess, and issue a report to Congress on,
the''; and
(2) in paragraph (2), by adding at the end the following:
``(C) Opportunities for beneficial use of dredged
materials.--In carrying out paragraph (1), the Secretary
shall identify potential opportunities for the beneficial use
of dredged materials obtained from harbors and inland harbors
referred to in subsection (a)(2), including projects eligible
under section 1122 of the Water Resources Development Act of
2016 (130 Stat. 1645; 33 U.S.C. 2326 note).''.
SEC. 1217. MAINTENANCE OF HIGH-RISK FLOOD CONTROL PROJECTS.
(a) Assessment.--With respect to each project classified as
class III under the Dam Safety Action Classification of the
Corps of Engineers for which the Secretary has assumed
responsibility for maintenance as of the date of enactment of
this Act, the Secretary shall assess--
(1) the anticipated effects of the Secretary continuing to
be responsible for the maintenance of the project during the
period that ends 15 years after the date of enactment of this
Act, including the benefits to the State and local community;
and
(2) the anticipated effects of the Secretary not continuing
to be responsible for the maintenance of the project during
such 15-year period, including the costs to the State and
local community.
(b) Report.--Not later than 90 days after completion of the
assessment under subsection (a), the Secretary shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works of the Senate a report summarizing the results
of the assessment.
SEC. 1218. NORTH ATLANTIC DIVISION REPORT ON HURRICANE
BARRIERS AND HARBORS OF REFUGE.
Not later than 1 year after the date of enactment of this
Act, the Secretary, in consultation with State and local
experts in the North Atlantic Division of the Corps of
Engineers, shall submit to Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report on the durability and resiliency of existing hurricane
barriers and harbors of refuge in the North Atlantic
Division, giving particular consideration as to how such
barriers and harbors will survive and fully serve their
planned levels of protection under current, near, and longer
term future predicted sea levels, storm surges, and storm
strengths.
SEC. 1219. GREAT LAKES COASTAL RESILIENCY STUDY.
(a) In General.--The Secretary shall carry out a
comprehensive assessment of the water resources needs of the
Great Lakes System under section 729 of the Water Resources
Development Act of 1986 (33 U.S.C. 2267a).
(b) Cooperation.--In carrying out the assessment pursuant
to subsection (a), the Secretary shall cooperate with
stakeholders and coordinate with all ongoing programs and
projects of the Great Lakes Restoration Initiative under
section 118(c)(7) of the Federal Water Pollution Control Act
(33 U.S.C. 1268).
(c) Definitions.--The term ``Great Lakes System'' has the
meaning given such term in section 118(a) of the Federal
Water Pollution Control Act (33 U.S.C. 1268(a)).
SEC. 1220. MCMICKEN DAM, ARIZONA, AND MUDDY RIVER,
MASSACHUSETTS.
(a) Report.--The Secretary shall submit a report to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment on Public
Works of the Senate on the status of--
(1) the project at McMicken Dam, Arizona, authorized by
section 304 of the Act of August 7, 1953 (67 Stat. 450); and
(2) the project for flood damage reduction and
environmental restoration, Muddy River, Brookline and Boston,
Massachusetts, authorized by section 522 of the Water
Resources Development Act of 2000 (114 Stat. 2656).
(b) Requirements.--The report under subsection (a) shall
include a description of the reasons of the Secretary for
deauthorizing the projects described in subsection (a).
SEC. 1221. TABLE ROCK LAKE, ARKANSAS AND MISSOURI.
Not later than 120 days after the date of enactment of this
Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report on the implementation of section
1185(c) of the Water Resources Development Act of 2016 (130
Stat. 1680).
SEC. 1222. FORECAST-INFORMED RESERVOIR OPERATIONS.
(a) Report on Forecast-Informed Reservoir Operations.--Not
later than one year after the date of completion of the
forecast-informed reservoir operations research study pilot
program at Coyote Valley Dam, Russian River Basin, California
(authorized by the River and Harbor Act of 1950 (64 Stat.
177)), the Secretary shall issue a report to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate on the results of the study pilot
program.
(b) Contents of Report.--The Secretary shall include in the
report issued under subsection (a)--
(1) an analysis of the use of forecast-informed reservoir
operations at Coyote Valley Dam, California;
(2) an assessment of the viability of using forecast-
informed reservoir operations at other dams owned or operated
by the Secretary;
(3) an identification of other dams owned or operated by
the Secretary where forecast-informed reservoir operations
may assist the Secretary in the optimization of future
reservoir operations; and
(4) any additional areas for future study of forecast-
informed reservoir operations.
SEC. 1223. CEDAR RIVER, IOWA.
Not later than 90 days after the date of enactment of this
Act, the Secretary shall complete and submit to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives a report summarizing the path forward and
timeline to implement the project for flood risk management
at Cedar River, Cedar Rapids, Iowa, authorized by section
7002(2) of the Water Resources Reform and Development Act of
2014 (128 Stat. 1366).
SEC. 1224. OLD RIVER CONTROL STRUCTURE, LOUISIANA.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and
Public Works of the Senate a report on the structure and
operations plan for the Old River control structure
authorized by the Flood Control Act of 1954 (68 Stat. 1258),
based on the best available science, improved monitoring
capabilities, and other factors as determined by the
Secretary, including consideration of--
(1) flood control;
(2) navigational conditions;
(3) water supply;
(4) ecosystem restoration and ecological productivity; and
(5) hydroelectric production.
(b) Public Participation.--In developing the report
required by subsection (a), the Secretary shall provide
opportunity for public input and stakeholder engagement,
including public meetings.
SEC. 1225. UPPER MISSISSIPPI RIVER PROTECTION.
Section 2010 of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1270) is amended by adding at the end
the following:
``(d) Considerations.--In carrying out a disposition study
with respect to the Upper St. Anthony Falls Lock and Dam,
including a disposition study under section 216 of the Flood
Control Act of 1970 (33 U.S.C. 549a), the Secretary shall
expedite completion of such
[[Page H8199]]
study and shall produce a report on the Upper St. Anthony
Falls Lock and Dam that is separate from any report on any
other lock or dam included in such study that includes plans
for--
``(1) carrying out modifications to the Upper St. Anthony
Falls Lock and Dam to--
``(A) preserve and enhance recreational opportunities and
the health of the ecosystem; and
``(B) maintain the benefits to the natural ecosystem and
human environment;
``(2) a partial disposition of the Upper St. Anthony Falls
Lock and Dam facility and surrounding real property that
preserves any portion of the Upper St. Anthony Falls Lock and
Dam necessary to maintain flood control; and
``(3) expediting the disposition described in this
subsection.
``(e) Contributed Funds.--The Secretary shall accept and
expend funds to carry out the study described in subsection
(d) that are contributed by a State or a political
subdivision of a State under the Act of October 15, 1940 (33
U.S.C. 701h-1).''.
SEC. 1226. MISSOURI RIVER.
(a) IRC Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and
Public Works of the Senate a report regarding the impacts of
interception-rearing complex construction on the navigation,
flood control, and other authorized purposes set forth in the
Missouri River Master Manual, and on the population recovery
of the pallid sturgeon.
(b) No Additional IRC Construction.--Until the report under
subsection (a) is submitted, no additional interception-
rearing complex construction is authorized.
SEC. 1227. LOWER MISSOURI RIVER BANK STABILIZATION AND
NAVIGATION.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and
Public Works of the Senate a report on the function and
reliability of the Lower Missouri River bank stabilization
and navigation project, authorized by the first section of
the Act of July 25, 1912 (37 Stat. 219, chapter 253).
(b) Considerations and Coordination.--In developing the
report required under subsection (a), the Secretary shall--
(1) consider recommended improvements to the project
described in such subsection and current and future flood
risks; and
(2) coordinate with State and local governments and
affected stakeholders.
SEC. 1228. COASTAL TEXAS STUDY.
The Secretary shall expedite the completion of studies for
flood damage reduction, hurricane and storm damage reduction,
and ecosystem restoration in the coastal areas of Texas that
are identified in the interim report due to be published in
2018 that describes the tentatively selected plan developed
in accordance with section 4091 of the Water Resources
Development Act of 2007 (121 Stat. 1187).
SEC. 1229. REPORT ON WATER SUPPLY CONTRACT, WRIGHT PATMAN
LAKE, TEXAS.
Not later than June 30, 2019, the Secretary shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works of the Senate a report on the status of the
implementation of the water supply contract, Department of
the Army, Civil Works Contract No. 29-68-A-0130, at Wright
Patman Lake, Texas, that--
(1) describes the implementation of that contract at Wright
Patman Lake; and
(2) identifies--
(A) the activities that the Secretary expects to be
necessary to complete the execution of the contract;
(B) the expected completion date for each activity
identified under subparagraph (A); and
(C) the expected date of completion of the execution of the
contract.
Subtitle C--Deauthorizations, Modifications, and Related Provisions
SEC. 1301. DEAUTHORIZATION OF INACTIVE PROJECTS.
(a) Purposes.--The purposes of this section are--
(1) to identify $4,000,000,000 in water resources
development projects authorized by Congress that are no
longer viable for construction due to--
(A) a lack of local support;
(B) a lack of available Federal or non-Federal resources;
or
(C) an authorizing purpose that is no longer relevant or
feasible;
(2) to create an expedited and definitive process for
Congress to deauthorize water resources development projects
that are no longer viable for construction; and
(3) to allow the continued authorization of water resources
development projects that are viable for construction.
(b) Interim Deauthorization List.--
(1) In general.--The Secretary shall develop an interim
deauthorization list that identifies--
(A) each water resources development project, or separable
element of a project, authorized for construction before
November 8, 2007, for which--
(i) planning, design, or construction was not initiated
before the date of enactment of this Act; or
(ii) planning, design, or construction was initiated before
the date of enactment of this Act, but for which no funds,
Federal or non-Federal, were obligated for planning, design,
or construction of the project or separable element of the
project during the current fiscal year or any of the 6
preceding fiscal years;
(B) each project or separable element of a project
identified and included on a list to Congress for
deauthorization pursuant to section 1001(b)(2) of the Water
Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)); and
(C) any project or separable element of a project for which
the non-Federal sponsor of such project or separable element
submits a request for inclusion on the list.
(2) Public comment and consultation.--
(A) In general.--The Secretary shall solicit comments from
the public and the Governors of each applicable State on the
interim deauthorization list developed under paragraph (1).
(B) Comment period.--The public comment period shall be 90
days.
(3) Submission to congress; publication.--Not later than 90
days after the date of the close of the comment period under
paragraph (2), the Secretary shall--
(A) submit a revised interim deauthorization list to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives; and
(B) publish the revised interim deauthorization list in the
Federal Register.
(c) Final Deauthorization List.--
(1) In general.--The Secretary shall develop a final
deauthorization list of water resources development projects,
or separable elements of projects, from the revised interim
deauthorization list described in subsection (b)(3).
(2) Deauthorization amount.--
(A) Proposed final list.--The Secretary shall prepare a
proposed final deauthorization list of projects and separable
elements of projects that have, in the aggregate, an
estimated Federal cost to complete that is at least
$4,000,000,000.
(B) Determination of federal cost to complete.--For
purposes of subparagraph (A), the Federal cost to complete
shall take into account any allowances authorized by section
902 of the Water Resources Development Act of 1986 (33 U.S.C.
2280), as applied to the most recent project schedule and
cost estimate.
(3) Identification of projects.--
(A) Sequencing of projects.--
(i) In general.--The Secretary shall identify projects and
separable elements of projects for inclusion on the proposed
final deauthorization list according to the order in which
the projects and separable elements of the projects were
authorized, beginning with the earliest authorized projects
and separable elements of projects and ending with the latest
project or separable element of a project necessary to meet
the aggregate amount under paragraph (2)(A).
(ii) Factors to consider.--The Secretary may identify
projects and separable elements of projects in an order other
than that established by clause (i) if the Secretary
determines, on a case-by-case basis, that a project or
separable element of a project is critical for interests of
the United States, based on the possible impact of the
project or separable element of the project on public health
and safety, the national economy, or the environment.
(iii) Consideration of public comments.--In making
determinations under clause (ii), the Secretary shall
consider any comments received under subsection (b)(2).
(B) Appendix.--The Secretary shall include as part of the
proposed final deauthorization list an appendix that--
(i) identifies each project or separable element of a
project on the interim deauthorization list developed under
subsection (b) that is not included on the proposed final
deauthorization list; and
(ii) describes the reasons why the project or separable
element is not included on the proposed final list.
(4) Public comment and consultation.--
(A) In general.--The Secretary shall solicit comments from
the public and the Governor of each applicable State on the
proposed final deauthorization list and appendix developed
under paragraphs (2) and (3).
(B) Comment period.--The public comment period shall be 90
days.
(5) Submission of final list to congress; publication.--Not
later than 120 days after the date of the close of the
comment period under paragraph (4), the Secretary shall--
(A) submit a final deauthorization list and an appendix to
the final deauthorization list in a report to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives; and
(B) publish the final deauthorization list and the appendix
to the final deauthorization list in the Federal Register.
(d) Deauthorization; Congressional Review.--
(1) In general.--After the expiration of the 180-day period
beginning on the date of submission of the final
deauthorization list and appendix under subsection (c), a
project or separable element of a project identified in the
final deauthorization list is hereby deauthorized, unless
Congress passes a joint
[[Page H8200]]
resolution disapproving the final deauthorization list prior
to the end of such period.
(2) Non-federal contributions.--
(A) In general.--A project or separable element of a
project identified in the final deauthorization list under
subsection (c) shall not be deauthorized under this
subsection if, before the expiration of the 180-day period
referred to in paragraph (1), the non-Federal interest for
the project or separable element of the project provides
sufficient funds to complete the project or separable element
of the project.
(B) Treatment of projects.--Notwithstanding subparagraph
(A), each project and separable element of a project
identified in the final deauthorization list shall be treated
as deauthorized for purposes of the aggregate deauthorization
amount specified in subsection (c)(2)(A).
(3) Projects identified in appendix.--A project or
separable element of a project identified in the appendix to
the final deauthorization list shall remain subject to future
deauthorization by Congress.
(e) Special Rule for Projects Receiving Funds for Post-
authorization Study.--A project or separable element of a
project may not be identified on the interim deauthorization
list developed under subsection (b), or the final
deauthorization list developed under subsection (c), if the
project or separable element received funding for a post-
authorization study during the current fiscal year or any of
the 6 preceding fiscal years.
(f) General Provisions.--
(1) Definitions.--In this section, the following
definitions apply:
(A) Post-authorization study.--The term ``post-
authorization study'' means--
(i) a feasibility report developed under section 905 of the
Water Resources Development Act of 1986 (33 U.S.C. 2282);
(ii) a feasibility study, as defined in section 105(d) of
the Water Resources Development Act of 1986 (33 U.S.C.
2215(d)); or
(iii) a review conducted under section 216 of the Flood
Control Act of 1970 (33 U.S.C. 549a), including an initial
appraisal that--
(I) demonstrates a Federal interest; and
(II) requires additional analysis for the project or
separable element.
(B) Water resources development project.--The term ``water
resources development project'' includes an environmental
infrastructure assistance project or program of the Corps of
Engineers.
(2) Treatment of project modifications.--For purposes of
this section, if an authorized water resources development
project or separable element of the project has been modified
by an Act of Congress, the date of the authorization of the
project or separable element shall be deemed to be the date
of the most recent modification.
SEC. 1302. BACKLOG PREVENTION.
(a) Project Deauthorization.--
(1) In general.--A water resources development project
authorized for construction by this Act shall not be
authorized after the last day of the 10-year period beginning
on the date of enactment of this Act unless--
(A) funds have been obligated for construction of, or a
post-authorization study for, such project or such separable
element during such period; or
(B) a subsequent Act of Congress modifies the authorization
contained in this Act.
(2) Identification of projects.--Not later than 60 days
after the expiration of the 10-year period described in
paragraph (1), the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report that identifies the projects
deauthorized under paragraph (1).
(b) Report to Congress.--Not later than 60 days after the
expiration of the 12-year period beginning on the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives, and make available to the public, a
report that contains--
(1) a list of any water resources development projects
authorized by this Act for which construction has not been
completed;
(2) a description of the reasons each project was not
completed;
(3) a schedule for the completion of the projects based on
expected levels of appropriations;
(4) a 5-year and 10-year projection of construction
backlog; and
(5) any recommendations to Congress regarding how to
mitigate the backlog.
SEC. 1303. PROJECT MODIFICATIONS.
(a) Consistency With Reports.--Congress finds that the
project modifications described in this section are in
accordance with the reports submitted to Congress by the
Secretary under section 7001 of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 2282d), titled
``Report to Congress on Future Water Resources Development'',
or have otherwise been reviewed by Congress.
(b) Modifications.--
(1) Harbor/South bay, california.--Section 219(f)(43) of
the Water Resources Development Act of 1992 (113 Stat. 337;
114 Stat. 2763A-220) is amended by striking ``$35,000,000''
and inserting ``$70,000,000''.
(2) Lakes marion and moultrie, south carolina.--Section
219(f)(25) of the Water Resources Development Act of 1992
(113 Stat. 336; 114 Stat. 2763A-220; 117 Stat. 1838; 130
Stat. 1677) is amended by striking ``$60,000,000'' and
inserting ``$89,550,000''.
SEC. 1304. LYTLE AND CAJON CREEKS, CALIFORNIA.
That portion of the channel improvement project, Lytle and
Cajon Creeks, California, authorized to be carried out as a
part of the project for the Santa Ana River Basin,
California, by the Act of December 22, 1944 (Chapter 665; 58
Stat. 900) that consists of five earth-filled groins commonly
referred to as ``the Riverside Avenue groins'' is no longer
authorized as a Federal project beginning on the date of
enactment of this Act.
SEC. 1305. YUBA RIVER BASIN, CALIFORNIA.
(a) In General.--The project for flood damage reduction,
Yuba River Basin, California, authorized by section
101(a)(10) of the Water Resources Development Act of 1999
(113 Stat. 275) is modified to allow a non-Federal interest
to construct a new levee to connect the existing levee with
high ground.
(b) Project Description.--The levee to be constructed shall
tie into the existing levee at a point N2186189.2438,
E6703908.8657, thence running east and south along a path to
be determined to a point N2187849.4328, E6719262.0164.
(c) Cooperation Agreement.--The Secretary shall execute a
conforming amendment to the Memorandum of Understanding
Respecting the Sacramento River Flood Control Project with
the State of California dated November 30, 1953, that is
limited to changing the description of the project to reflect
the modification.
(d) No Federal Cost.--
(1) Review costs.--Before construction of the levee
described in subsection (b), the Secretary may accept and
expend funds received from a non-Federal interest to review
the planning, engineering, and design of the levee described
in subsection (b) to ensure that such planning, engineering,
and design complies with Federal standards.
(2) Non-federal share.--The non-Federal share of the cost
of constructing the levee shall be 100 percent.
SEC. 1306. BRIDGEPORT HARBOR, CONNECTICUT.
That portion of the project for navigation, Bridgeport
Harbor, Connecticut, authorized by the Act of June 18, 1878
(20 Stat. 158), and modified by the Act of August 11, 1888
(25 Stat. 401), the Act of March 3, 1899 (30 Stat. 1122), the
Act of June 25, 1910 (36 Stat. 633), and the Act of July 3,
1930 (46 Stat. 919), and lying upstream of a line commencing
at point N627942.09, E879709.18 thence running southwesterly
about 125 feet to a point N627832.03, E879649.91 is no longer
authorized beginning on the date of enactment of this Act.
SEC. 1307. DELAWARE RIVER NAVIGATION PROJECT.
Section 1131(3) of the Water Resources Development Act of
1986 (100 Stat. 4246) is amended by striking ``ten feet'' and
inserting ``35 feet''.
SEC. 1308. COMPREHENSIVE EVERGLADES RESTORATION PLAN, CENTRAL
AND SOUTHERN FLORIDA, EVERGLADES AGRICULTURAL
AREA, FLORIDA.
(a) Authorization.--Subject to subsection (b), the
Secretary is authorized to carry out the project for
ecosystem restoration, Central and Southern Florida,
Everglades Agricultural Area, Florida, in accordance with
section 601 of the Water Resources Development Act of 2000
(114 Stat. 2680), as recommended in the addendum to the
Central Everglades Planning Project Post Authorization Change
Report, Feasibility Study and Draft Environmental Impact
Statement prepared by the South Florida Water Management
District and dated May 2018, with such modifications as the
Secretary considers appropriate.
(b) Requirement.--
(1) In general.--The project authorized by subsection (a)
may be constructed only after the Secretary prepares a report
that addresses the concerns, recommendations, and conditions
identified by the Secretary in the review assessment titled
``Review Assessment of South Florida Water Management
District's Central Everglades Planning Project, Section 203
Post Authorization Change Report, Integrated Feasibility
Study and DRAFT Environmental Impact Statement (March 2018,
Amended May 2018)'' and dated May 2018.
(2) Expedited completion.--The Secretary shall expedite the
completion of the report under paragraph (1) and shall
complete such report not later than 90 days after the date of
enactment of this section.
(c) Consultation.--In reviewing the report identified in
subsection (a), and completing the report identified in
subsection (b), the Secretary shall consult with the South
Florida Water Management District on any project
modifications.
(d) Consideration.--Nothing in this section shall be
construed to delay the design, construction, and
implementation of components and features of the project for
ecosystem restoration, Central Everglades, authorized by
section 1401(4) of the Water Resources Development Act of
2016 (130 Stat. 1713), that are not directly affected by the
project authorized by subsection (a).
SEC. 1309. KISSIMMEE RIVER RESTORATION, FLORIDA.
The Secretary may credit work performed or to be performed
by the non-Federal sponsor of the project for ecosystem
restoration, Kissimmee River, Florida, authorized by section
101(8) of the Water Resources Development Act of 1992 (106
Stat. 4802), as an in-kind contribution under section
221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b(a)(4)), in accordance with the report
[[Page H8201]]
of the Director of Civil Works relating to the Central and
Southern Florida Project, Kissimmee River Restoration
Project, dated April 27, 2018, subject to the availability of
appropriations for any payments due, if the Secretary
determines that the work was carried out in accordance with
the requirements of subchapter 4 of chapter 31, and chapter
37, of title 40, United States Code.
SEC. 1310. LEVEE L-212, FOUR RIVER BASIN, OCKLAWAHA RIVER,
FLORIDA.
The portions of the project for flood control and other
purposes, Four River Basins, Florida, authorized by section
203 of the Flood Control Act of 1962 (76 Stat. 1183),
consisting of levee L-212 along the Ocklawaha River, Florida,
are no longer authorized beginning on the date of enactment
of this Act.
SEC. 1311. GREEN RIVER AND BARREN RIVER LOCKS AND DAMS,
KENTUCKY.
Section 1315 of the Water Resources Development Act of 2016
(130 Stat. 1698) is amended--
(1) in subsection (b)--
(A) in paragraph (3)--
(i) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margins
accordingly;
(ii) in the matter preceding clause (i) (as so
redesignated), by striking ``The Secretary'' and inserting
the following:
``(A) In general.--The Secretary''; and
(iii) by adding at the end the following:
``(B) Use of funds.--If the Secretary determines that
removal of Lock and Dam 5 or a portion of Lock and Dam 5 is
necessary before the conveyance under subparagraph (A), the
Secretary--
``(i) shall proceed with that removal; and
``(ii) to carry out that removal--
``(I) may use appropriated funds or accept and use funds
contributed by entities described in that subparagraph; and
``(II) may work with entities described in that
subparagraph.''; and
(B) in paragraph (5)--
(i) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margins
accordingly;
(ii) in the matter preceding clause (i) (as so
redesignated), by striking ``The Secretary'' and inserting
the following:
``(A) In general.--The Secretary''; and
(iii) by adding at the end the following:
``(B) Use of funds.--If the Secretary determines that
removal of Lock and Dam 1 or a portion of Lock and Dam 1 is
necessary before the conveyance under subparagraph (A), the
Secretary--
``(i) shall proceed with that removal; and
``(ii) to carry out that removal--
``(I) may use appropriated funds or accept and use funds
contributed by entities described in that subparagraph; and
``(II) may work with entities described in that
subparagraph.''; and
(2) in subsection (c), by adding at the end the following:
``(5) Removal costs.--In carrying out this section, if the
Secretary determines that removal of a Lock and Dam (or a
portion of a Lock and Dam) described in this section is
necessary, any Federal costs of that removal shall be subject
to the availability of appropriations.''.
SEC. 1312. CAPE ARUNDEL DISPOSAL SITE, MAINE.
The Cape Arundel Disposal Site selected by the Department
of the Army as an alternative dredged material disposal site
under section 103(b) of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1413(b)) shall remain
available for use until December 31, 2021.
SEC. 1313. PENOBSCOT RIVER, MAINE.
Beginning on the date of enactment of this Act, the project
for navigation, Penobscot River, Maine, authorized by the
River and Harbor Appropriations Acts of July 5, 1884 (23
Stat. 133), August 11, 1888 (25 Stat. 408), July 31, 1892 (27
Stat. 96), and March 2, 1907 (Public Law 59-168; 34 Stat.
1074), is modified as follows:
(1) The portion of the 14-foot deep channel located between
Bangor and Brewer, Maine, approximately 135,784 square feet
in area, starting at a point with coordinates N410451.89,
E913370.08, thence running N3405'52.6''E about 815.4 feet to
a point with coordinates N411127.11, E913827.20, thence
running N5241'55.33''E about 143.06 feet to a point with
coordinates N411213.81, E913941.00, thence running
N2704'01''E about 1068.73 feet to a point with coordinates
N412165.48, E914427.30, thence running S6255'59.79''E about
450 feet to a point with coordinates N411960.72, E914828.01,
thence running S2704'01''W about 246.99 feet to a point with
coordinates N411740.78, E914715.62, thence running
N4345'41.8''W about 444.66 feet to a point with coordinates
N412061.92, E914408.07, thence running S2704'01''W about
946.62 feet to a point with coordinates N411218.97,
E913977.33, thence running S3821'58.9''W about 978.35 feet
to the point of origin, is no longer authorized.
(2) The portion of the 14-foot deep channel, approximately
121,875 square feet in area, starting at a point with
coordinates N410670.99, E914168.96, thence running
N6255'59''W about 100 feet to a point with coordinates
N410716.49, E914079.92, thence running N2704'01''E about
1236.13 feet to a point with coordinates N411817.24,
E914642.40, thence running S4345'41.8''E about 105.87 feet
to a point with coordinates N411740.78, E914715.62, thence
running S2704'01''W about 1201.37 feet to the point of
origin, is redesignated as a 100-foot wide and 14-foot deep
anchorage area.
(3) The portion of the 14-foot deep channel, approximately
304,058 square feet in area, starting at a point with
coordinates N410761.99. E913990.87, thence running
N6255'59''W about 300.08 feet to a point with coordinates
N410898.54, E913723.66, thence running N3821'58.9''E about
408.69 feet to a point with coordinates N411218.97,
E913977.33, thence running N2704'01''E about 946.62 feet to
a point with coordinates N412061.92, E914408.07, thence
running S4345'41.8''E about 232.92 feet to a point with
coordinates N411893.70, E914569.17, thence running
S2704'01''W about 1270.9 feet to the point of origin, is
redesignated as a 14-foot deep anchorage area of a width
varying from 220 to 300.08 feet.
SEC. 1314. BOSTON HARBOR RESERVED CHANNEL DEAUTHORIZATIONS.
(a) 40-Foot Reserved Channel.--
(1) In general.--The portions of the project for
navigation, Boston Harbor, Massachusetts, authorized by the
first section of the Act of October 17, 1940 (54 Stat. 1198,
chapter 895), and modified by section 101 of the River and
Harbor Act of 1958 (72 Stat. 297), section 101(a)(13) of the
Water Resources Development Act of 1990 (104 Stat. 4607), and
section 7002(1) of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1365), described in paragraph (2) are
no longer authorized beginning on the date of enactment of
this Act.
(2) Areas described.--
(A) First area.--The first areas described in this
paragraph are--
(i) beginning at a point N2950154.45, E785995.64;
(ii) running southwesterly about 1451.63 feet to a point
N2950113.83, E784544.58;
(iii) running southeasterly about 54.00 feet to a point
N2950059.85, E784546.09;
(iv) running southwesterly about 1335.82 feet to a point
N2950022.48, E783210.79;
(v) running northwesterly about 83.00 feet to a point
N2950105.44, E783208.47;
(vi) running northeasterly about 2787.45 feet to a point
N2950183.44, E785994.83; and
(vii) running southeasterly about 29.00 feet to the point
described in clause (i).
(B) Second area.--The second areas described in this
paragraph are--
(i) beginning at a point N2950502.86, E785540.84;
(ii) running northeasterly about 46.11 feet to a point
N2950504.16, E785586.94;
(iii) running southwesterly about 25.67 feet to a point
N2950480.84, E785576.18;
(iv) running southwesterly to a point N2950414.32,
E783199.83;
(v) running northwesterly about 8.00 feet to a point
N2950422.32, E783199.60;
(vi) running northeasterly about 2342.58 feet to a point
N2950487.87, E785541.26; and
(vii) running northwesterly about 15.00 feet to the point
described in clause (i).
(b) 35-Foot Reserved Channel.--
(1) In general.--The portions of the project for
navigation, Boston Harbor, Massachusetts, authorized by the
first section of the Act of October 17, 1940 (54 Stat. 1198,
chapter 895), and modified by section 101 of the River and
Harbor Act of 1958 (72 Stat. 297), described in paragraph (2)
are no longer authorized beginning on the date of enactment
of this Act.
(2) Areas described.--
(A) First area.--The first areas described in this
paragraph are--
(i) beginning at a point N2950143.44, E787532.14;
(ii) running southeasterly about 22.21 feet to a point
N2950128.91, E787548.93;
(iii) running southwesterly about 4,339.42 feet to a point
N2950007.48, E783211.21;
(iv) running northwesterly about 15.00 feet to a point
N2950022.48, E783210.79; and
(v) running northeasterly about 4,323.05 feet to the point
described in clause (i).
(B) Second area.--The second areas described in this
paragraph are--
(i) beginning at a point N2950502.86, E785540.84;
(ii) running southeasterly about 15.00 feet to a point
N2950487.87, E785541.26;
(iii) running southwesterly about 2342.58 feet to a point
N2950422.32, E783199.60;
(iv) running southeasterly about 8.00 feet to a point
N2950414.32, E783199.83;
(v) running southwesterly about 1339.12 feet to a point
N2950376.85, E781861.23;
(vi) running northwesterly about 23.00 feet to a point
N2950399.84, E781860.59; and
(vii) running northeasterly about 3681.70 feet to the point
described in clause (i).
SEC. 1315. CORPS OF ENGINEERS BRIDGE REPAIR PROGRAM FOR NEW
ENGLAND EVACUATION ROUTES.
Subject to the availability of appropriations, the
Secretary may repair or replace, as necessary, any bridge
owned and operated by the Secretary that is--
(1) located in any of the States of Connecticut, Maine,
Massachusetts, New Hampshire, Rhode Island, or Vermont; and
(2) necessary for evacuation during an extreme weather
event, as determined by the Secretary.
SEC. 1316. PLYMOUTH HARBOR, MASSACHUSETTS.
The Secretary shall expedite and complete the dredging of
Plymouth Harbor, Massachusetts, as authorized by the Act of
March 4, 1913 (37 Stat. 802, chapter 144) and the Act of
September 22, 1922 (42 Stat. 1038, chapter 427).
SEC. 1317. PORTSMOUTH HARBOR AND PISCATAQUA RIVER.
The Secretary shall expedite the project for navigation for
Portsmouth Harbor and the Piscataqua River authorized by
section 101 of the River and Harbor Act of 1962 (76 Stat.
1173).
[[Page H8202]]
SEC. 1318. MISSOURI RIVER AND TRIBUTARIES AT KANSAS CITIES,
MISSOURI AND KANSAS.
The Secretary shall align the schedules of, and maximize
complimentary efforts, minimize duplicative practices, and
ensure coordination and information sharing with respect to--
(1) the project for flood damage reduction, Argentine, East
Bottoms, Fairfax-Jersey Creek, and North Kansas Levees Units,
Missouri River and tributaries at Kansas Cities, Missouri and
Kansas, authorized by section 1001(28) of the Water Resources
Development Act of 2007 (121 Stat. 1054); and
(2) the project for flood risk management, Armourdale and
Central Industrial District Levee Units, Missouri River and
Tributaries at Kansas Citys, Missouri and Kansas, authorized
by section 1401(2) of the Water Resources Development Act of
2016 (130 Stat. 1710).
SEC. 1319. HAMPTON HARBOR, NEW HAMPSHIRE, NAVIGATION
IMPROVEMENT PROJECT.
In carrying out the project for navigation, Hampton Harbor,
New Hampshire, under section 107 of the River and Harbor Act
of 1960 (33 U.S.C. 577), the Secretary shall use all existing
authorities of the Secretary to mitigate severe shoaling.
SEC. 1320. PASSAIC RIVER FEDERAL NAVIGATION CHANNEL, NEW
JERSEY.
(a) Definition of Passaic River Navigation Project.--In
this section, the term ``Passaic River navigation project''
means the project for the Passaic River Federal navigation
channel, New Jersey, described in the document of the New
York District of the Corps of Engineers numbered 207075,
entitled ``Lower Passaic River Commercial Navigation
Analysis'', and dated March 2007, as revised in December 2008
and July 2010.
(b) Deauthorization.--
(1) In general.--The portion of the Passaic River
navigation project described in paragraph (2) is
deauthorized.
(2) Description of portion.--The portion of the Passaic
River navigation project referred to in paragraph (1) is the
portion from river mile 1.7 to river mile 15.4, as bounded
by--
(A) the coordinates of--
(i) West Longitude 074 10.33047" W;
(ii) North Latitude 40 51.99988" N;
(iii) East Longitude 074 06.05923" W; and
(iv) South Latitude 40 43.2217" N; and
(B) the New Jersey State Plane (US Survey Feet, NAD-83), as
follows: Upper Left x731 592941.27 y731 739665.34; Upper
Right x731 602477.94 y731 740791.62; Lower Left x731
582974.17 y731 692561.62; Lower Right x731 598345.10 y731
691219.09.
(c) Modification.--
(1) In general.--The depth of the portion of the Passaic
River navigation project described in paragraph (2) is
modified from 30 feet to 20 feet (using the Mean Lower Low
Water datum).
(2) Description of portion.--The portion of the Passaic
River navigation project referred to in paragraph (1) is the
portion from river mile 0.6 to river mile 1.7, as bounded
by--
(A) the coordinates of--
(i) West Longitude 074 07.43471" W;
(ii) North Latitude 40 44.32682" N;
(iii) East Longitude 074 06.61586" W; and
(iv) South Latitude 40 42.39342" N; and
(B) the New Jersey State Plane (US Survey Feet, NAD-83), as
follows: Upper Left x731 597440.36 y731 691333.92; Upper
Right x731 598345.10 y731 691219.09; Lower Left x731
596416.01 y731 685597.99; Lower Right x731 597351.18 y731
685596.08.
SEC. 1321. FARGO-MOORHEAD METROPOLITAN AREA DIVERSION
PROJECT, NORTH DAKOTA.
(a) Exemption.--Subject to subsections (b) and (c),
notwithstanding section 404(b)(2)(B)(ii) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170c(b)(2)(B)(ii)), and any regulations promulgated
to carry out that section, beginning on the date of enactment
of this Act, any property in the State of North Dakota that
was acquired through hazard mitigation assistance provided
under section 203 of that Act (42 U.S.C. 5133), section 404
of that Act (42 U.S.C. 5170c), or section 1366 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104c), that
was subject to any open space deed restriction is exempt from
those restrictions to the extent necessary to complete the
Fargo-Moorhead Metropolitan Area Diversion Project authorized
by section 7002(2) of the Water Resources Reform and
Development Act of 2014 (128 Stat. 1366).
(b) Conditions.--As a condition of the exemption under
subsection (a)--
(1) no new or additional structure unrelated to the Project
may be erected on the property unless the new or additional
structure is in compliance with section 404(b)(2)(B)(ii) of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c(b)(2)(B)(ii)); and
(2) any subsequent use of the land on the property that is
unrelated to the Project shall comply with that section.
(c) Disaster Assistance Prohibited.--After the date of
enactment of this Act, no disaster assistance from any
Federal source may be provided with respect to any
improvements made on the property referred to in subsection
(a).
(d) Savings Provision.--Nothing in this section affects the
responsibility of any entity to comply with all other
applicable laws (including regulations) with respect to the
properties described in subsection (a).
SEC. 1322. CLATSOP COUNTY, OREGON.
The portions of the project for raising and improving
existing levees of Clatsop County Diking District No. 13, in
Clatsop County, Oregon, authorized by section 5 of the Act of
June 22, 1936 (49 Stat. 1590), that are referred to as
Christensen No. 1 Dike No. 42 and Christensen No. 2 Levee No.
43 are no longer authorized beginning on the date of
enactment of this Act.
SEC. 1323. SVENSEN ISLAND, OREGON.
The project for flood risk management, Svensen Island,
Oregon, authorized by section 204 of the Flood Control Act of
1950 (64 Stat. 180), is no longer authorized beginning on the
date of enactment of this Act.
SEC. 1324. WEST TENNESSEE TRIBUTARIES PROJECT, TENNESSEE.
The unconstructed portions of the West Tennessee
tributaries project along the Obion and Forked Deer Rivers,
Tennessee, authorized by section 203 of the Flood Control Act
of 1948 (62 Stat. 1178), and modified by section 207 of the
Flood Control Act of 1966 (80 Stat. 1423), section 3(a) of
the Water Resources Development Act of 1974 (88 Stat. 14),
and section 183 of the Water Resources Development Act of
1976 (90 Stat. 2940), are no longer authorized beginning on
the date of enactment of this Act.
SEC. 1325. PUGET SOUND NEARSHORE ECOSYSTEM RESTORATION.
Section 544(f) of the Water Resources Development Act of
2000 (Public Law 106-541; 114 Stat. 2675) is amended--
(1) by striking ``$40,000,000'' and inserting
``$60,000,000''; and
(2) by striking ``$5,000,000'' and inserting
``$10,000,000''.
SEC. 1326. MILWAUKEE HARBOR, MILWAUKEE, WISCONSIN.
The portion of the project for navigation, Milwaukee
Harbor, Milwaukee, Wisconsin, authorized by the first section
of the Act of March 3, 1843 (5 Stat. 619; chapter 85),
consisting of the navigation channel within the Menomonee
River that extends from the 16th Street Bridge upstream to
the upper limit of the authorized navigation channel and
described as follows is no longer authorized beginning on the
date of enactment of this Act:
(1) Beginning at a point in the channel just downstream of
the 16th Street Bridge, N383219.703, E2521152.527.
(2) Thence running westerly along the channel about 2,530.2
feet to a point, N383161.314, E2518620.712.
(3) Thence running westerly by southwesterly along the
channel about 591.7 feet to a point at the upstream limit of
the existing project, N383080.126, E2518036.371.
(4) Thence running northerly along the upstream limit of
the existing project about 80.5 feet to a point, N383159.359,
E2518025.363.
(5) Thence running easterly by northeasterly along the
channel about 551.2 feet to a point, N383235.185,
E2518571.108.
(6) Thence running easterly along the channel about 2,578.9
feet to a point, N383294.677, E2521150.798.
(7) Thence running southerly across the channel about 74.3
feet to the point of origin.
SEC. 1327. PROJECT COMPLETION FOR DISASTER AREAS.
The Secretary shall expeditiously carry out any project for
flood risk management or hurricane and storm damage risk
reduction authorized as of the date of enactment of this Act
to be carried out by the Secretary in Texas, Florida,
Georgia, Louisiana, South Carolina, the Commonwealth of
Puerto Rico, or the United States Virgin Islands.
SEC. 1328. FEDERAL ASSISTANCE.
(a) In General.--In accordance with the requirements of
subsection (b), the Secretary is authorized to provide
assistance for the operation and maintenance of a flood risk
reduction project in the Red River Basin of the North that
was constructed, prior to the date of enactment of this Act,
under section 5(a) of the Act of August 18, 1941 (33 U.S.C.
701n(a)).
(b) Condition.--The Secretary may provide the assistance
authorized by subsection (a) for a project that, as
determined by the Secretary, becomes permanent due to the
extended presence of assistance from the Secretary under
section 5(a) of the Act of August 18, 1941 (33 U.S.C.
701n(a)).
(c) Termination.--The authority to provide assistance under
this section terminates on the date that is four years after
the date of enactment of this section.
SEC. 1329. EXPEDITED INITIATION.
Section 1322(b)(2) of the Water Resources Development Act
of 2016 (130 Stat. 1707) is amended, in the matter preceding
subparagraph (A), by inserting ``or, in a case in which a
general reevaluation report for the project is required, if
such report has been submitted for approval,'' after
``completed report,''.
SEC. 1330. PROJECT DEAUTHORIZATION AND STUDY EXTENSIONS.
(a) Project Deauthorizations.--Section 6003(a) of the Water
Resources Reform and Development Act of 2014 (33 U.S.C.
579c(a)) is amended--
(1) by striking ``7-year period'' each place it appears and
inserting ``10-year period''; and
(2) by adding at the end the following:
``(3) Calculation.--In calculating the time period under
paragraph (1), the Secretary shall not include any period of
time during which the project is being reviewed and awaiting
determination by the Secretary to implement a locally
preferred plan for that project under section 1036(a).
[[Page H8203]]
``(4) Exception.--The Secretary shall not deauthorize any
project during the period described in paragraph (3).''.
(b) Study Extensions.--Section 1001(d)(4) of the Water
Resources Reform and Development Act of 2014 (33 U.S.C.
2282c(d)(4)) is amended by striking ``7 years'' and inserting
``10 years''.
SEC. 1331. CONVEYANCES.
(a) Cheatham County, Tennessee.--
(1) Conveyance authorized.--The Secretary may convey to
Cheatham County, Tennessee (in this subsection referred to as
the ``Grantee''), all right, title, and interest of the
United States in and to the real property in Cheatham County,
Tennessee, consisting of approximately 9.19 acres, identified
as portions of tracts E-514-1, E-514-2, E-518-1, E-518-2, E-
519-1, E-537-1, and E-538, all being part of the Cheatham
Lock and Dam project at CRM 158.5, including any improvements
thereon.
(2) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States, to include retaining the
right to inundate with water any land transferred under this
subsection.
(3) Consideration.--The Grantee shall pay to the Secretary
an amount that is not less than the fair market value of the
land conveyed under this subsection, as determined by the
Secretary.
(4) Subject to existing easements and other interests.--The
conveyance of property under this section shall be subject to
all existing easements, rights-of-way, and leases that are in
effect as of the date of the conveyance.
(b) Nashville, Tennessee.--
(1) Conveyance authorized.--The Secretary may convey,
without consideration, to the City of Nashville, Tennessee
(in this subsection referred to as the ``City''), all right,
title, and interest of the United States in and to the real
property covered by Lease No. DACW62-1-84-149, including any
improvements thereon, at the Riverfront Park Recreational
Development, consisting of approximately 5 acres, subject to
the right of the Secretary to retain any required easements
in the property.
(2) Conveyance agreement.--The Secretary shall convey by
quitclaim the real property described in paragraph (1) under
the terms and conditions mutually satisfactory to the
Secretary and the City. The deed shall provide that in the
event that the City, its successors, or assigns cease to
maintain improvements for recreation included in the
conveyance or otherwise utilize the real property conveyed
for purposes other than recreation and compatible flood risk
management, the City, its successor, or assigns shall repay
to the United States the Federal share of the cost of
constructing the improvements for recreation under the
agreement between the United States and the City dated
December 8, 1981, increased as necessary to account for
inflation.
(c) Locks and Dams 1 Through 4, Kentucky River, Kentucky.--
(1) In general.--Beginning on the date of enactment of this
Act, commercial navigation at Locks and Dams 1 through 4,
Kentucky River, Kentucky, shall no longer be authorized, and
the land and improvements associated with the locks and dams
shall be disposed of consistent with this subsection and in
accordance with the report of the Director of Civil Works
entitled ``Kentucky River Locks and Dams 1, 2, 3, and 4,
Disposition Study and Integrated Environmental Assessment''
and dated April 20, 2018.
(2) Disposition.--The Secretary shall convey to the State
of Kentucky (referred to in this section as the ``State''),
for the use and benefit of the Kentucky River Authority, all
right, title, and interest of the United States, together
with any improvements on the land, including improvements
located in the Kentucky River, in and to--
(A) Lock and Dam 1, located in Carroll County, Kentucky;
(B) Lock and Dam 2, located in Owen and Henry counties,
Kentucky;
(C) Lock and Dam 3, located in Owen and Henry counties,
Kentucky; and
(D) Lock and Dam 4, located in Franklin County, Kentucky.
(3) Conditions.--
(A) Quitclaim deed.--The Secretary shall convey the
property described in paragraph (2) by quitclaim deed to such
State under such terms and conditions as the Secretary
determines appropriate to protect the interests of the United
States.
(B) Administrative costs.--The Secretary shall be
responsible for all administrative costs associated with a
conveyance under this subsection, including the costs of any
surveys the Secretary determines to be necessary.
(C) Improvements prohibited.--
(i) In general.--The Secretary may not improve the locks
and dams and land and improvements associated with the locks
and dams described in this subsection on or after the date of
enactment of this Act.
(ii) Savings clause.--Nothing in subparagraph (A) prohibits
the State from improving the locks and dams and the land and
improvements associated with the locks and dams described in
this subsection on or after the date of conveyance under this
subsection.
(4) Savings clause.--If the State does not accept the
conveyance under this subsection of the land and improvements
associated with the locks and dams described in this
subsection, the Secretary may dispose of the land and
improvements under subchapter III of chapter 5 of title 40,
United States Code.
(d) Bainbridge, Georgia.--
(1) In general.--On the date of enactment of this Act, the
Secretary of the Army shall convey to the City of Bainbridge,
Georgia, without consideration and subject to subsection (b),
all right, title, and interest in and to real property
described in subsection (c).
(2) Terms and conditions.--
(A) In general.--The conveyance by the United States under
this subsection shall be subject to--
(i) the condition that the City of Bainbridge agrees to
operate, maintain, and manage the property for fish and
wildlife, recreation, and environmental purposes at no cost
or expense to the United States; and
(ii) such other terms and conditions as the Secretary
determines to be in the interest of the United States.
(B) Reversion.--If the Secretary determines that the real
property conveyed under paragraph (1) ceases to be held in
public ownership or the city ceases to operate, maintain, and
manage the real property in accordance with this subsection,
all right, title, and interest in and to the property shall
revert to the United States, at the option of the Secretary.
(3) Property.--The property to be conveyed is composed of
the following 3 parcels of land:
(A) Parcel 1.--All that tract or parcel of land lying and
being in Land Lots 226. and 228, Fifteenth Land District, and
Land Lots 319, 320, 321, 322, 323 and 358, Twentieth Land
District, Decatur County, Georgia, more particularly
described as follows:
Beginning at a concrete monument stamped ``358'' which is
950 feet, more or less, North of the South line and 600 feet,
more or less, West of the East line of said Land Lot 358, at
a corner of a tract of land owned by the United States of
America at Lake Seminole and at plane coordinate position
North 318,698.72 feet and East 360,033.38 feet based on
Transverse Mercator Projection, Georgia West Zone;
Thence Due West 75 feet, more or less, to the contour at
elevation 77.0 feet above Mean Sea Level;
Thence Northeasterly along the meanders of said 77.0 foot
contour a distance of 20,600 feet, more or less, to the mouth
of the entrance channel to the arena and boat basin;
Thence N 75 E 150 feet, more or less, to another point on
said 77.0 foot contour;
Thence Northeasterly along the meanders of said 77.0 foot
contour a distance of 3,300 feet, more or less, to a point
which is on the boundary of said United States tract and on
the boundary of a tract of land now or formerly owned by the
City of Bainbridge, Georgia;
Thence along the boundary of said United States tract the
following courses:
S 10 52' E along the boundary of said City of Bainbridge
tract 830 feet, more or less, to a corner of said tract;
S 89 45' E along the boundary of said City of Bainbridge
tract 700 feet, more or less, to a concrete monument stamped
``J1A'', coordinates of said monument being North 328,902.34
feet and East 369,302.33 feet;
S 22 25' W 62 feet, more or less, to a corner of another
tract of land owned by the City of Bainbridge, Georgia;
S 88 07' W along the boundary of said City of Bainbridge
tract 350 feet, more or less to a corner of said tract;
N 84 00' W along the boundary of said City of Bainbridge
tract 100.5 feet to a corner said tract;
S 88 07' W along the boundary of said City of Bainbridge
tract 300.0 feet to a corner of said tract;
S 14 16' W along boundary of said City of Bainbridge tract
89.3 feet to a corner of said tract;
Southwesterly along the boundary of said City of Bainbridge
tract which is along a curve to the right with a radius of
684.69 feet an arc distance of 361.8 feet to a corner of said
tract;
S 30 00' W along the boundary of said City of Bainbridge
tract 294.0 feet to a corner of said tract;
S 10 27' W along the boundary of said City of Bainbridge
tract 385.0 feet to a corner of said tract;
N 73 31' W 38 feet, more or less, to a concrete monument;
S 16 25' W 563.7 feet to a concrete monument stamped
``J7A'';
S 68 28' W 719.5 feet to a concrete monument stamped
``J9A'';
S 68 28' W 831.3 feet to a concrete monument stamped
``J12A'';
S 89 39' E 746.7 feet to a concrete monument stamped
``J11A'';
S 01 22' W 80.0 feet to a concrete monument stamped
``J11B'';
N 89 39' W 980.9 feet to a concrete monument stamped
``J13A'';
S 01 21' W 560.0 feet to a concrete monument stamped
``J15A'';
S 37 14' W 1,213.0 feet;
N 52 46' W 600.0 feet;
S 37 14' W 1,000.0 feet;
S 52 46' E 600.0 feet;
S 37 14' W 117.0 feet to a concrete monument stamped
``320/319'';
S 37 13' W 1,403.8 feet to a concrete monument stamped
``322/319'';
S 37 13' W 2,771.4 feet to a concrete monument stamped
``322/323'';
S 37 13' W 1,459.2 feet;
N 89 04' W 578.9 feet;
S 53 42' W 367.7 feet;
[[Page H8204]]
S 43 42' W 315.3 feet;
S 26 13' W 654.9 feet, more or less, to the point of
beginning.
Containing 550.00 acres, more or less, and being a part of
Tracts L-1105 and L-1106 of Lake Seminole.
(B) Parcel 2.--All that tract or parcel of land lying and
lying and being in Land Lot 226, Fifteenth Land District,
Decatur County, Georgia, more particularly described as
follows:
Beginning at a point which is on the East right-of-way line
of the Seaboard Airline Railroad, 215 feet North of the South
end of the trestle over the Flint River, and at a corner of a
tract of land owned by the United States of America at Lake
Seminole;
Thence Southeasterly along the boundary of said United
States tract which is along a curve to the right a distance
of 485 feet, more or less, to a point which is 340 feet, more
or less, S 67 00' E from the South end of said trestle, and
at a corner of said United States tract;
Thence N 70 00' E along the boundary of said United States
tract 60.0 feet to a corner of said tract;
Thence Northerly along the boundary of said United States
tract which is along a curve to the right a distance of 525
feet, more or less, to a corner of said tract;
Thence S 05 00' W along the boundary of said United States
tract 500.0 feet to a corner of said tract;
Thence Due West along the boundary of said United States
tract 370 feet, more or less, to a point which is on the East
right-of-way line of said railroad and at a corner of said
United States tract;
Thence N 13 30' W along the boundary of said United States
tract which is along the East right-of-way line of said
railroad a distance of 310 feet, more or less, to the point
of beginning.
Containing 3.67 acres, more or less, and being all of Tract
L-1124 of Lake Seminole.
Parcels 1 and 2 contain in the aggregate 553.67 acres, more
or less.
(C) Parcel 3.--All that tract or panel of land lying and
being in Land Lot 225, Fifteenth Land District, Decatur
County, Georgia, more particularly described as follows:
Beginning at an iron marker designated ``225/226/'', which
is on the South line and 500 feet, more or less, West of the
Southeast corner of said Land Lot 225 at a corner of a tract
of land owned by the United States of America at Lake
Seminole and at plane coordinate position North 330,475.82
feet and East 370,429.36 feet, based on Transverse Mercator
Projection, Georgia West Zone;
Thence Due West along the boundary of said United States
tract a distance of 53.0 feet to a monument stamped ``225/
226-A'';
Thence continue Due West along the boundary of said United
States tract a distance of 56 feet, more or less, to a point
on the East bank of the Flint River;
Thence Northerly, upstream, along the meanders of the East
bank of said river a distance of 1,200 feet, more or less, to
a point which is on the Southern right-of-way line of U.S.
Highway No. 84 and at a corner of said United States tract;
Thence Easterly and Southeasterly along the Southern right-
of-way line of said highway, which is along the boundary of
said United States tract a distance of 285 feet, more or
less, to a monument stamped ``L-23-1'', the coordinates of
said monument being North 331,410.90 and East 370,574.96;
Thence S 02 25' E along the boundary of said United States
tract a distance of 650.2 feet to a monument stamped ``225-
A'';
Thence S 42 13' E along the boundary of said United States
tract a distance of 99.8 feet to a monument stamped ``225'';
Thence S 48 37' W along the boundary of said United States
tract a distance of 319.9 feet, more or less, to the point of
beginning.
Containing 4.14 acres, more or less, and being all of Tract
L-1123 of the Lake Seminole Project.
(e) Port of Whitman County, Washington.--
(1) Definitions.--In this subsection:
(A) Federal land.--The term ``Federal land'' means the
approximately 288 acres of land situated in Whitman County,
Washington, contained within Tract D of Little Goose Lock and
Dam.
(B) Non-federal land.--The term ``non-Federal land'' means
a tract or tracts of land owned by the Port of Whitman
County, Washington, that the Secretary determines, with
approval of the Washington Department of Fish and Wildlife
and the Secretary of the Interior acting through the Director
of the United States Fish and Wildlife Service, equals or
exceeds the value of the Federal land both as habitat for
fish and wildlife and for recreational opportunities related
to fish and wildlife.
(2) Land exchange.--On conveyance by the Port of Whitman
County to the United States of all right, title, and interest
in and to the non-Federal land, the Secretary of the Army
shall convey to the Port of Whitman County all right, title,
and interest of the United States in and to the Federal land.
(3) Deeds.--
(A) Deed to non-federal land.--The Secretary may only
accept conveyance of the non-Federal land by warranty deed,
as determined acceptable by the Secretary.
(B) Deed to federal land.--The Secretary shall convey the
Federal land to the Port of Whitman County by quitclaim deed
and subject to any reservations, terms, and conditions the
Secretary determines necessary to allow the United States to
operate and maintain the Lower Snake River Project and to
protect the interests of the United States.
(4) Cash payment.--If the appraised fair market value of
the Federal land, as determined by the Secretary, exceeds the
appraised fair market value of the non-Federal land, as
determined by the Secretary, the Port of Whitman County shall
make a cash payment to the United States reflecting the
difference in the appraised fair market values.
(5) Administrative expenses.--The Port of Whitman County
shall be responsible for the administrative costs of the
transaction in accordance with section 2695 of title 10,
United States Code.
(f) Fort Dupont, Delaware.--
(1) In general.--Subject to paragraph (2), not later than
180 days after the date of enactment of this Act, the
Secretary shall transfer--
(A) all right, title, and interest in and to a parcel of
land known as that part of the Original Acquisition (OADE)
Tract that includes the bed and banks of the Delaware Branch
Channel on the north side of the Fifth Street Bridge,
Delaware City, Delaware, containing approximately 31.6 acres
of land, to the Fort DuPont Redevelopment and Preservation
Corporation (herein referred to as ``the Grantee''); and
(B) all right, title, and interest in and to the Fifth
Street Bridge, together with the land known as that part of
the Original Acquisition (OADE) Tract that includes the banks
and bed of the Delaware Branch Channel, Delaware City,
Delaware, containing approximately 0.27 acres of land, to the
State of Delaware.
(2) Conditions.--
(A) State approval.--Before making a transfer under
paragraph (1), the Secretary shall ensure that the Governor
of Delaware agrees to the transfer.
(B) Toll-free bridge.--Before making a transfer under
subparagraph (1)(B), the Governor of Delaware shall agree to
ensure that no toll is imposed for use of the bridge referred
to in that subsection, in accordance with section 109 of the
River and Harbor Act of 1950 (33 U.S.C. 534).
(C) Survey.--The exact acreage and legal description of the
land to be transferred under paragraph (1) shall be
determined by a survey satisfactory to the Secretary and the
Governor of Delaware.
(D) Costs.--Any administrative costs for the transfer under
paragraph (1) shall be paid by Fort DuPont Redevelopment and
Preservation Corporation, the State of Delaware, or a
combination of those entities.
(3) Consideration.--The Grantee shall pay to the Secretary
an amount that is not less than the fair market value of the
land conveyed to the Grantee under this subsection, as
determined by the Secretary.
(g) Tuscaloosa, Alabama.--As soon as practicable after the
date of enactment of this Act, the Secretary of the Army
shall convey by quitclaim deed to the City of Tuscaloosa,
Alabama, at fair market value, the lands owned by the United
States adjacent to the Black Warrior River on the south side
below the U.S. Highway 43 bridge, including the south wall of
the Old Oliver Lock, and extending to the Corps' current
recreation area, that the Secretary determines are no longer
required for operation and maintenance of the Oliver Lock and
Dam.
(h) Generally Applicable Provisions.--
(1) Survey to obtain legal description.--The exact acreage
and the legal description of any real property to be conveyed
under this section shall be determined by a survey that is
satisfactory to the Secretary.
(2) Applicability of property screening provisions.--
Section 2696 of title 10, United States Code, shall not apply
to any conveyance under this section.
(3) Additional terms and conditions.--The Secretary may
require that any conveyance under this section be subject to
such additional terms and conditions as the Secretary
considers necessary and appropriate to protect the interests
of the United States.
(4) Costs of conveyance.--An entity to which a conveyance
is made under this section shall be responsible for all
reasonable and necessary costs, including real estate
transaction and environmental documentation costs, associated
with the conveyance.
(5) Liability.--An entity to which a conveyance is made
under this section shall hold the United States harmless from
any liability with respect to activities carried out, on or
after the date of the conveyance, on real property conveyed.
The United States shall remain responsible for any liability
with respect to activities carried out, before such date, on
the real property conveyed.
SEC. 1332. REPORT ON FUTURE WATER RESOURCES DEVELOPMENT.
(a) Programmatic Modification.--Section 7001 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C.
2282d(a)) is amended--
(1) in subsection (a) by adding at the end the following:
``(4) Programmatic modifications.--Any programmatic
modification for an environmental infrastructure assistance
program.'';
(2) in subsection (b)(1) by striking ``studies and proposed
modifications to authorized water resources development
projects and feasibility studies'' and inserting ``studies,
proposed modifications to authorized water resources
development projects and feasibility studies, and proposed
modifications for an environmental infrastructure program'';
[[Page H8205]]
(3) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(4) by inserting after subsection (c) the following:
``(d) Programmatic Modifications in Annual Report.--The
Secretary shall include in the annual report only proposed
modifications for an environmental infrastructure assistance
program that have not been included in any previous annual
report. For each proposed modification, the Secretary shall
include a letter or statement of support for the proposed
modification from each associated non-Federal interest,
description of assistance provided, and total Federal cost of
assistance provided.''; and
(5) by striking subsection (c)(4) and inserting the
following:
``(4) Appendix.--
``(A) In general.--The Secretary shall include in the
annual report an appendix listing the proposals submitted
under subsection (b) that were not included in the annual
report under paragraph (1)(A) and a description of why the
Secretary determined that those proposals did not meet the
criteria for inclusion under such paragraph.
``(B) Limitation.--In carrying out the activities described
in this section--
``(i) the Secretary shall not include proposals in the
appendix of the annual report that otherwise meet the
criteria for inclusion in the annual report solely on the
basis of the Secretary's determination that the proposal
requires legislative changes to an authorized water resources
development project, feasibility study, or environmental
infrastructure program; and
``(ii) the Secretary shall not include proposals in the
appendix of the annual report that otherwise meet the
criteria for inclusion in the annual report solely on the
basis of a policy of the Secretary.''.
(b) Savings Clause.--Notwithstanding the third sentence of
section 1001(b)(2) of the Water Resources Development Act of
1986 (33 U.S.C. 579a(b)(2)), projects and separable elements
of projects identified in the fiscal year 2017 report
prepared in accordance with such section and submitted to
Congress on December 15, 2016, shall not be deauthorized
unless such projects and separable elements meet the
requirements of section 1301(b)(1)(A) of the Water Resources
Development Act of 2016 (130 Stat. 1687).
Subtitle D--Water Resources Infrastructure
SEC. 1401. PROJECT AUTHORIZATIONS.
The following projects for water resources development and
conservation and other purposes, as identified in the reports
titled ``Report to Congress on Future Water Resources
Development'' submitted to Congress on March 17, 2017, and
February 5, 2018, respectively, pursuant to section 7001 of
the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2282d) or otherwise reviewed by Congress are
authorized to be carried out by the Secretary substantially
in accordance with the plans, and subject to the conditions,
described in the respective reports or decision documents
designated in this section:
(1) Navigation.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. AR Three Rivers September 6, Total: $184,395,000 (to be
Southeast 2018 derived \1/2\ from the
Arkansas general fund of the
Treasury and \1/2\ from
the Inland Waterways Trust
Fund)
------------------------------------------------------------------------
2. PR San Juan Harbor August 23, Federal: $41,345,840
2018 Non-Federal: $13,781,267
Total: $55,127,107
------------------------------------------------------------------------
3. TX Galveston Harbor Aug. 8, 2017 Federal: $10,444,000
Channel Extension Non-Federal: $3,481,000
Project, Houston- Total: $13,925,000
Galveston
Navigation
Channels
------------------------------------------------------------------------
4. WA Seattle Harbor June 7, 2018 Federal: $29,362,000
Navigation Non-Federal: $31,880,000
Improvement Total: $61,242,000
Project
------------------------------------------------------------------------
(2) Flood risk management.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. CA Lower San Joaquin July 31, 2018 Federal: $712,169,000
River Non-Federal: $383,475,000
Total: $1,095,644,000
------------------------------------------------------------------------
2. HI Ala Wai Canal Dec. 21, 2017 Federal: $212,754,000
Non-Federal: $114,560,000
Total: $327,313,000
------------------------------------------------------------------------
3. NY Mamaroneck- Dec. 14, 2017 Federal: $53,500,000
Sheldrake Rivers Non-Federal: $28,750,000
Total: $82,250,000
------------------------------------------------------------------------
(3) Hurricane and storm damage risk reduction.--
------------------------------------------------------------------------
C. Date of
Report of D. Estimated Initial
A. State B. Name Chief of Costs and Estimated
Engineers Renourishment Costs
------------------------------------------------------------------------
1. FL St. Johns County Aug. 8, 2017 Initial Federal: $5,873,283
Initial Non-Federal:
$19,661,924
Initial Total: $25,535,207
Renourishment Federal:
$9,751,788
Renourishment Non-Federal:
$45,344,169
Renourishment Total:
$55,095,957
------------------------------------------------------------------------
[[Page H8206]]
2. FL St. Lucie County Dec. 15, 2017 Initial Federal: $7,239,497
Initial Non-Federal:
$13,443,614
Initial Total: $20,683,110
Renourishment Federal:
$9,093,999
Renourishment Non-Federal:
$24,588,991
Renourishment Total:
$33,682,990
------------------------------------------------------------------------
3. TX Sabine Pass to Dec. 7, 2017 Federal: $2,200,357,000
Galveston Bay Non-Federal:
$1,184,807,000
Total: $3,385,164,000
------------------------------------------------------------------------
(4) Flood risk management and ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. NM Espanola Valley, May 11, 2018 Federal: $55,602,266
Rio Grande Non-Federal: $7,637,764
Total: $63,240,030
------------------------------------------------------------------------
(5) Ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. TX Resacas, in the September 6, Federal: $141,489,000
vicinity of the 2018 Non-Federal: $65,675,000
City of Total: $207,164,000
Brownsville
------------------------------------------------------------------------
(6) Modifications and other projects.--
------------------------------------------------------------------------
C. Date of
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. GA Savannah Harbor Dec. 5, 2016 Federal: $731,700,000
Expansion Project Non-Federal: $287,200,000
Total: $1,018,900,000
------------------------------------------------------------------------
2. MI Soo Locks, Sault June 29, 2018 Federal: $922,432,000
Ste. Marie Non-Federal: $0
Total: $922,432,000
------------------------------------------------------------------------
3. TN Chickamauga Lock July 19, 2018 Total: $757,666,000 (to be
Replacement derived \1/2\ from the
general fund of the
Treasury and \1/2\ from
the Inland Waterways Trust
Fund)
------------------------------------------------------------------------
SEC. 1402. SPECIAL RULES.
(a) St. Paul Harbor, Alaska.--Notwithstanding section
2008(c) of the Water Resources Development Act of 2007
(Public Law 110-114; 121 Stat. 1074), the project for
navigation, St. Paul Harbor, authorized by section 101(b)(3)
of the Water Resources Development Act of 1996 (110 Stat.
3667), shall be cost-shared substantially in accordance with
the costs established by section 105 of the Energy and Water
Development Appropriations Act, 2003 (117 Stat. 139).
(b) Espanola Valley, New Mexico.--The Secretary shall carry
out the project for flood risk management and ecosystem
restoration, Espanola Valley, Rio Grande and Tributaries, New
Mexico, authorized by section 1401(4) of this Act
substantially in accordance with terms and conditions
described in the Report of the Chief of Engineers, dated May
11, 2018, including, notwithstanding section 2008(c) of the
Water Resources Development Act of 2007 (Public Law 110-114;
121 Stat. 1074), the recommended cost share.
SEC. 1403. NORFOLK HARBOR AND CHANNELS, VIRGINIA.
(a) In General.--The Secretary is authorized to further
improve the project for navigation, Norfolk Harbor and
Channels, Virginia, authorized by section 201 of the Water
Resources Development Act of 1986 (100 Stat. 4090),
substantially in accordance with the plans, and subject to
the conditions, described in the Report of the Chief of
Engineers dated June 29, 2018.
(b) Thimble Shoal Channel Widening.--The Secretary may
carry out additional modifications to the project described
in subsection (a) that are identified in the report titled
``Report to Congress on Future Water Resources Development''
submitted to Congress on February 5, 2018, pursuant to
section 7001 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2282d).
(c) Maximum Authorized Cost.--Notwithstanding section
902(a)(2)(B) of the Water Resources Development Act of 1986
(33 U.S.C. 2280(a)(2)(B)), the maximum authorized cost for
the project described in subsection (a) shall not be modified
for the improvements and modifications authorized by
subsections (a) and (b).
TITLE II--DRINKING WATER SYSTEM IMPROVEMENT
SEC. 2001. INDIAN RESERVATION DRINKING WATER PROGRAM.
(a) In General.--Subject to the availability of
appropriations, the Administrator of the Environmental
Protection Agency shall carry out a program to implement--
(1) 10 eligible projects described in subsection (b) that
are within the Upper Missouri River Basin; and
(2) 10 eligible projects described in subsection (b) that
are within the Upper Rio Grande Basin.
(b) Eligible Projects.--A project eligible to participate
in the program under subsection (a) is a project--
(1) that is on a reservation (as defined in section 3 of
the Indian Financing Act of 1974 (25 U.S.C. 1452)) that
serves a federally recognized Indian Tribe; and
[[Page H8207]]
(2) the purpose of which is to connect, expand, or repair
an existing public water system, as defined in section
1401(4) of the Safe Drinking Water Act (42 U.S.C. 300f(4)),
in order to improve water quality, water pressure, or water
services.
(c) Requirement.--In carrying out the program under
subsection (a)(1), the Administrator of the Environmental
Protection Agency shall select not less than 1 eligible
project for a reservation that serves more than 1 federally
recognized Indian Tribe.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the program under subsection
(a) $20,000,000 for each of fiscal years 2019 through 2022.
SEC. 2002. CLEAN, SAFE, RELIABLE WATER INFRASTRUCTURE.
Section 1452(k) of the Safe Drinking Water Act (42 U.S.C.
300j-12(k)) is amended--
(1) in paragraph (1)(D), by inserting ``and for the
implementation of efforts (other than actions authorized
under subparagraph (A)) to protect source water in areas
delineated pursuant to section 1453'' before the period at
the end; and
(2) in paragraph (2)(E), by inserting ``, and to implement
efforts to protect source water,'' after ``wellhead
protection programs''.
SEC. 2003. STUDY ON INTRACTABLE WATER SYSTEMS.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et
seq.) is amended by adding at the end the following:
``SEC. 1459C. STUDY ON INTRACTABLE WATER SYSTEMS.
``(a) Definition of Intractable Water System.--In this
section, the term `intractable water system' means a
community water system or a noncommunity water system--
``(1) that serves fewer than 1,000 individuals;
``(2) the owner or operator of which--
``(A) is unable or unwilling to provide safe and adequate
service to those individuals;
``(B) has abandoned or effectively abandoned the community
water system or noncommunity water system, as applicable;
``(C) has defaulted on a financial obligation relating to
the community water system or noncommunity water system, as
applicable; or
``(D) fails to maintain the facilities of the community
water system or noncommunity water system, as applicable, in
a manner so as to prevent a potential public health hazard;
and
``(3) that is, as of the date of enactment of America's
Water Infrastructure Act of 2018--
``(A) in significant noncompliance with this Act or any
regulation promulgated pursuant to this Act; or
``(B) listed as having a history of significant
noncompliance with this title pursuant to section 1420(b)(1).
``(b) Study Required.--
``(1) In general.--Not later than 2 years after the date of
enactment of this section, the Administrator, in consultation
with the Secretary of Agriculture and the Secretary of Health
and Human Services, shall complete a study that--
``(A) identifies intractable water systems; and
``(B) describes barriers to delivery of potable water to
individuals served by an intractable water system.
``(2) Report to congress.--Not later than 2 years after the
date of enactment of this section, the Administrator shall
submit to Congress a report describing findings and
recommendations based on the study under this subsection.''.
SEC. 2004. SENSE OF CONGRESS RELATING TO ACCESS TO NONPOTABLE
WATER.
It is the sense of Congress that--
(1) access to nonpotable water sources for industry can
relieve the supply and demand challenges for potable water in
water-stressed regions throughout the United States; and
(2) water users are encouraged to continue implementing and
incentivizing nonpotable water reuse programs that will
achieve greater water savings and conservation needs.
SEC. 2005. DRINKING WATER INFRASTRUCTURE RESILIENCE AND
SUSTAINABILITY.
Section 1459A of the Safe Drinking Water Act (42 U.S.C.
300j-19a) is amended--
(1) by redesignating subsection (j) as subsection (k);
(2) in subsection (k), as redesignated by paragraph (1), by
striking ``this section'' and inserting ``subsections (a)
through (j) of this section'';
(3) by inserting after subsection (i) the following:
``(j) State Response to Contaminants.--
``(1) In general.--The Administrator may, subject to the
terms and conditions of this section, issue a grant to a
requesting State, on behalf of an underserved community, so
the State may assist in, or otherwise carry out, necessary
and appropriate activities related to a contaminant--
``(A) that is determined by the State to--
``(i) be present in, or likely to enter into, a public
water system serving, or an underground source of drinking
water for, such underserved community; and
``(ii) potentially present an imminent and substantial
endangerment to the health of persons; and
``(B) with respect to which the State determines
appropriate authorities have not acted sufficiently to
protect the health of such persons.
``(2) Recovery of funds.--If, subsequent to the
Administrator's award of a grant to a State under this
subsection, any person or entity (including an eligible
entity), is found by the Administrator or a court of
competent jurisdiction to have caused or contributed to
contamination that was detected as a result of testing
conducted, or treated, with funds provided under this
subsection, and such contamination violated a law
administered by the Administrator, such person or entity
shall, upon issuance of a final judgment or settlement and
the exhaustion of all appellate and administrative remedies--
``(A) notify the Administrator in writing not later than 30
days after such issuance of a final judgment or settlement
and the exhaustion of all appellate and administrative
remedies; and
``(B) promptly pay the Administrator an amount equal to the
amount of such funds.''; and
(4) by adding at the end the following:
``(l) Drinking Water Infrastructure Resilience and
Sustainability.--
``(1) Resilience and natural hazard.--The terms
`resilience' and `natural hazard' have the meaning given such
terms in section 1433(h).
``(2) In general.--The Administrator may establish and
carry out a program, to be known as the Drinking Water System
Infrastructure Resilience and Sustainability Program, under
which the Administrator, subject to the availability of
appropriations for such purpose, shall award grants in each
of fiscal years 2019 and 2020 to eligible entities for the
purpose of increasing resilience to natural hazards.
``(3) Use of funds.--An eligible entity may only use grant
funds received under this subsection to assist in the
planning, design, construction, implementation, operation, or
maintenance of a program or project that increases resilience
to natural hazards through--
``(A) the conservation of water or the enhancement of water
use efficiency;
``(B) the modification or relocation of existing drinking
water system infrastructure made, or that is at risk of
being, significantly impaired by natural hazards, including
risks to drinking water from flooding;
``(C) the design or construction of desalination facilities
to serve existing communities;
``(D) the enhancement of water supply through the use of
watershed management and source water protection;
``(E) the enhancement of energy efficiency or the use and
generation of renewable energy in the conveyance or treatment
of drinking water; or
``(F) the development and implementation of measures to
increase the resilience of the eligible entity to natural
hazards.
``(4) Application.--To seek a grant under this subsection,
the eligible entity shall submit to the Administrator an
application that--
``(A) includes a proposal of the program or project to be
planned, designed, constructed, implemented, operated, or
maintained by the eligible entity;
``(B) identifies the natural hazard risk to be addressed by
the proposed program or project;
``(C) provides documentation prepared by a Federal, State,
regional, or local government agency of the natural hazard
risk to the area where the proposed program or project is to
be located;
``(D) includes a description of any recent natural hazard
events that have affected the applicable water system;
``(E) includes a description of how the proposed program or
project would improve the performance of the system under the
anticipated natural hazards; and
``(F) explains how the proposed program or project is
expected to enhance the resilience of the system to the
anticipated natural hazards.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $4,000,000
for each of fiscal years 2019 and 2020.''.
SEC. 2006. VOLUNTARY SCHOOL AND CHILD CARE PROGRAM LEAD
TESTING GRANT PROGRAM ENHANCEMENT.
(a) Voluntary School and Child Care Program Lead Testing
Grant Program Enhancement.--Section 1464(d) of the Safe
Drinking Water Act (42 U.S.C. 300j-24(d)) is amended--
(1) in paragraph (2), by adding at the end the following:
``(C) Technical assistance.--In carrying out the grant
program under subparagraph (A), beginning not later than 1
year after the date of enactment of America's Water
Infrastructure Act of 2018, the Administrator shall provide
technical assistance to recipients of grants under this
subsection--
``(i) to assist in identifying the source of lead
contamination in drinking water at schools and child care
programs under the jurisdiction of the grant recipient;
``(ii) to assist in identifying and applying for other
Federal and State grant programs that may assist the grant
recipient in eliminating lead contamination described in
clause (i);
``(iii) to provide information on other financing options
in eliminating lead contamination described in clause (i);
and
``(iv) to connect grant recipients with nonprofit and other
organizations that may be able to assist with the elimination
of lead contamination described in clause (i).'';
(2) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively;
[[Page H8208]]
(3) by inserting after paragraph (3) the following
paragraph:
``(4) Priority.--In making grants under this subsection,
the Administrator shall give priority to States and local
educational agencies that will assist in voluntary testing
for lead contamination in drinking water at schools and child
care programs that are in low-income areas.''; and
(4) in paragraph (8) (as redesignated by paragraph (2) of
this section)--
(A) by striking ``is authorized'' and inserting ``are
authorized''; and
(B) by striking ``2021'' and inserting ``2019, and
$25,000,000 for each of fiscal years 2020 and 2021''.
(b) Drinking Water Fountain Replacement for Schools.--
(1) In general.--Part F of the Safe Drinking Water Act (42
U.S.C. 300j-21 et seq.) is amended by adding at the end the
following:
``SEC. 1465. DRINKING WATER FOUNTAIN REPLACEMENT FOR SCHOOLS.
``(a) Establishment.--Not later than 1 year after the date
of enactment of this section, the Administrator shall
establish a grant program to provide assistance to local
educational agencies for the replacement of drinking water
fountains manufactured prior to 1988.
``(b) Use of Funds.--Funds awarded under the grant
program--
``(1) shall be used to pay the costs of replacement of
drinking water fountains in schools; and
``(2) may be used to pay the costs of monitoring and
reporting of lead levels in the drinking water of schools of
a local educational agency receiving such funds, as
determined appropriate by the Administrator.
``(c) Priority.--In awarding funds under the grant program,
the Administrator shall give priority to local educational
agencies based on economic need.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$5,000,000 for each of fiscal years 2019 through 2021.''.
(2) Definitions.--Section 1461(5) of the Safe Drinking
Water Act (42 U.S.C. 300j-21(5)) is amended by inserting ``or
drinking water fountain'' after ``water cooler'' each place
it appears.
SEC. 2007. INNOVATIVE WATER TECHNOLOGY GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a public water system (as defined under section 1401(4)
of the Safe Drinking Water Act (42 U.S.C. 300f(4)));
(B) an institution of higher education;
(C) a research institution or foundation;
(D) a regional water organization; or
(E) a nonprofit organization described in section
1442(e)(8) of the Safe Drinking Water Act (42 U.S.C. 300j-
1(e)(8)).
(b) Grant Program Authorized.--The Administrator shall
carry out a grant program for the purpose of accelerating the
development and deployment of innovative water technologies
that address pressing drinking water supply, quality,
treatment, or security challenges of public water systems,
areas served by private wells, or source waters.
(c) Grants.--In carrying out the program under subsection
(b), the Administrator shall make grants to eligible
entities--
(1) to develop, test, and deploy innovative water
technologies; or
(2) to provide technical assistance to deploy demonstrated
innovative water technologies.
(d) Selection Criteria.--In making grants under this
section, the Administrator shall--
(1) award grants through a competitive process to eligible
entities the Administrator determines are best able to carry
out the purpose of the program; and
(2) give priority to projects that have the potential--
(A) to reduce ratepayer or community costs or costs of
future capital investments;
(B) to significantly improve human health or the
environment; or
(C) to provide additional drinking water supplies with
minimal environmental impact.
(e) Cost-sharing.--The Federal share of the cost of
activities carried out using a grant under this section shall
be not more than 65 percent.
(f) Limitation.--The maximum amount of a grant under this
section shall be $5,000,000.
(g) Report.--Each year, the Administrator shall submit to
Congress and make publicly available on the website of the
Administrator a report that describes any advancements during
the previous year in development of innovative water
technologies made as a result of funding provided under this
section.
(h) Partnerships.--Grants awarded under this program may
include projects that are carried out by an eligible entity
in cooperation with a private entity, including a farmer,
farmer cooperative, or manufacturer of water technologies.
(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2019 and 2020.
SEC. 2008. IMPROVED CONSUMER CONFIDENCE REPORTS.
Section 1414(c)(4) of the Safe Drinking Water Act (42
U.S.C. 300g-3(c)(4)) is amended--
(1) in the heading for subparagraph (A), by striking
``Annual reports'' and inserting ``Reports'';
(2) in subparagraph (A), by inserting ``, or provide by
electronic means,'' after ``to mail'';
(3) in subparagraph (B)--
(A) in clause (iv), by striking ``the Administrator, and''
and inserting ``the Administrator, including corrosion
control efforts, and''; and
(B) by adding at the end the following clause:
``(vii) Identification of, if any--
``(I) exceedances described in paragraph (1)(D) for which
corrective action has been required by the Administrator or
the State (in the case of a State exercising primary
enforcement responsibility for public water systems) during
the monitoring period covered by the consumer confidence
report; and
``(II) violations that occurred during the monitoring
period covered by the consumer confidence report.''; and
(4) by adding at the end the following new subparagraph:
``(F) Revisions.--
``(i) Understandability and frequency.--Not later than 24
months after the date of enactment of America's Water
Infrastructure Act of 2018, the Administrator, in
consultation with the parties identified in subparagraph (A),
shall issue revisions to the regulations issued under
subparagraph (A)--
``(I) to increase--
``(aa) the readability, clarity, and understandability of
the information presented in consumer confidence reports; and
``(bb) the accuracy of information presented, and risk
communication, in consumer confidence reports; and
``(II) with respect to community water systems that serve
10,000 or more persons, to require each such community water
system to provide, by mail, electronic means, or other
methods described in clause (ii), a consumer confidence
report to each customer of the system at least biannually.
``(ii) Electronic delivery.--Any revision of regulations
pursuant to clause (i) shall allow delivery of consumer
confidence reports by methods consistent with methods
described in the memorandum `Safe Drinking Water Act-Consumer
Confidence Report Rule Delivery Options' issued by the
Environmental Protection Agency on January 3, 2013.''.
SEC. 2009. CONTRACTUAL AGREEMENTS.
(a) In General.--Section 1414(h)(1) of the Safe Drinking
Water Act (42 U.S.C. 300g-3(h)(1)) is amended--
(1) in subparagraph (B), by striking ``or'' after the
semicolon;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) entering into a contractual agreement for significant
management or administrative functions of the system to
correct violations identified in the plan.''.
(b) Technical Amendment.--Section 1414(i)(1) of the Safe
Drinking Water Act (42 U.S.C. 300g-3(i)(1)) is amended by
inserting a comma after ``1417''.
SEC. 2010. ADDITIONAL CONSIDERATIONS FOR COMPLIANCE.
(a) Mandatory Assessment.--Subsection (h) of section 1414
of the Safe Drinking Water Act (42 U.S.C. 300g-3) is amended
by adding at the end the following:
``(3) Authority for mandatory assessment.--
``(A) Authority.--A State with primary enforcement
responsibility or the Administrator (if the State does not
have primary enforcement responsibility) may require the
owner or operator of a public water system to assess options
for consolidation, or transfer of ownership of the system, as
described in paragraph (1), or other actions expected to
achieve compliance with national primary drinking water
regulations described in clause (i)(I), if--
``(i) the public water system--
``(I) has repeatedly violated one or more national primary
drinking water regulations and such repeated violations are
likely to adversely affect human health; and
``(II)(aa) is unable or unwilling to take feasible and
affordable actions, as determined by the State with primary
enforcement responsibility or the Administrator (if the State
does not have primary enforcement responsibility), that will
result in the public water system complying with the national
primary drinking water regulations described in subclause
(I), including accessing technical assistance and financial
assistance through the State loan fund pursuant to section
1452; or
``(bb) has already undertaken actions described in item
(aa) without achieving compliance;
``(ii) such consolidation, transfer, or other action is
feasible; and
``(iii) such consolidation, transfer, or other action could
result in greater compliance with national primary drinking
water regulations.
``(B) Tailoring of assessments.--Requirements for any
assessment to be conducted pursuant to subparagraph (A) shall
be tailored with respect to the size, type, and
characteristics, of the public water system to be assessed.
``(C) Approved entities.--An assessment conducted pursuant
to subparagraph (A) may be conducted by an entity approved by
the State requiring such assessment (or the Administrator, if
the State does not have primary enforcement responsibility),
which
[[Page H8209]]
may include such State (or the Administrator, as applicable),
the public water system, or a third party.
``(D) Burden of assessments.--It is the sense of Congress
that any assessment required pursuant to subparagraph (A)
should not be overly burdensome on the public water system
that is assessed.
``(4) Financial assistance.--Notwithstanding section
1452(a)(3), a public water system undertaking consolidation
or transfer of ownership or other actions pursuant to an
assessment completed under paragraph (3) may receive a loan
described in section 1452(a)(2)(A) to carry out such
consolidation, transfer, or other action.
``(5) Protection of nonresponsible system.--
``(A) Identification of liabilities.--
``(i) In general.--An owner or operator of a public water
system that submits a plan pursuant to paragraph (1) based on
an assessment conducted with respect to such public water
system under paragraph (3) shall identify as part of such
plan--
``(I) any potential and existing liability for penalties
and damages arising from each specific violation identified
in the plan of which the owner or operator is aware; and
``(II) any funds or other assets that are available to
satisfy such liability, as of the date of submission of such
plan, to the public water system that committed such
violation.
``(ii) Inclusion.--In carrying out clause (i), the owner or
operator shall take reasonable steps to ensure that all
potential and existing liabilities for penalties and damages
arising from each specific violation identified in the plan
are identified.
``(B) Reservation of funds.--A public water system that,
consistent with the findings of an assessment conducted
pursuant to paragraph (3), has completed the actions under a
plan submitted and approved pursuant to this subsection shall
not be liable under this title for a violation of this title
identified in the plan, except to the extent to which funds
or other assets are identified pursuant to subparagraph
(A)(i)(II) as available to satisfy such liability.
``(6) Regulations.--Not later than 2 years after the date
of enactment of America's Water Infrastructure Act of 2018,
the Administrator shall promulgate regulations to implement
paragraphs (3), (4), and (5).''.
(b) Retention of Primary Enforcement Authority.--
(1) In general.--Section 1413(a) of the Safe Drinking Water
Act (42 U.S.C. 300g-2(a)) is amended--
(A) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(B) by redesignating paragraph (6) as paragraph (7); and
(C) by inserting after paragraph (5) the following new
paragraph:
``(6) has adopted and is implementing procedures for
requiring public water systems to assess options for
consolidation or transfer of ownership or other actions in
accordance with the regulations issued by the Administrator
under section 1414(h)(6); and''.
(2) Conforming amendment.--Section 1413(b)(1) of the Safe
Drinking Water Act (42 U.S.C. 300g-2(b)(1)) is amended by
striking ``of paragraphs (1), (2), (3), and (4)''.
SEC. 2011. IMPROVED ACCURACY AND AVAILABILITY OF COMPLIANCE
MONITORING DATA.
Section 1414 of the Safe Drinking Water Act (42 U.S.C.
300g-3) is amended by adding at the end the following new
subsection:
``(j) Improved Accuracy and Availability of Compliance
Monitoring Data.--
``(1) Strategic plan.--Not later than 1 year after the date
of enactment of this subsection, the Administrator, in
coordination with States (including States without primary
enforcement responsibility under section 1413), public water
systems, and other interested stakeholders, shall develop and
provide to Congress a strategic plan for improving the
accuracy and availability of monitoring data collected to
demonstrate compliance with national primary drinking water
regulations and submitted--
``(A) by public water systems to States; or
``(B) by States to the Administrator.
``(2) Evaluation.--In developing the strategic plan under
paragraph (1), the Administrator shall evaluate any
challenges faced--
``(A) in ensuring the accuracy and integrity of submitted
data described in paragraph (1);
``(B) by States and public water systems in implementing an
electronic system for submitting such data, including the
technical and economic feasibility of implementing such a
system; and
``(C) by users of such electronic systems in being able to
access such data.
``(3) Findings and recommendations.--The Administrator
shall include in the strategic plan provided to Congress
under paragraph (1)--
``(A) a summary of the findings of the evaluation under
paragraph (2); and
``(B) recommendations on practicable, cost-effective
methods and means that can be employed to improve the
accuracy and availability of submitted data described in
paragraph (1).
``(4) Consultation.--In developing the strategic plan under
paragraph (1), the Administrator may, as appropriate, consult
with States or other Federal agencies that have experience
using practicable methods and means to improve the accuracy
and availability of submitted data described in such
paragraph.''.
SEC. 2012. ASSET MANAGEMENT.
Section 1420 of the Safe Drinking Water Act (42 U.S.C.
300g-9) is amended--
(1) in subsection (c)(2)--
(A) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(F) a description of how the State will, as appropriate--
``(i) encourage development by public water systems of
asset management plans that include best practices for asset
management; and
``(ii) assist, including through the provision of technical
assistance, public water systems in training operators or
other relevant and appropriate persons in implementing such
asset management plans.'';
(2) in subsection (c)(3), by inserting ``, including
efforts of the State to encourage development by public water
systems of asset management plans and to assist public water
systems in training relevant and appropriate persons in
implementing such asset management plans'' after ``public
water systems in the State''; and
(3) in subsection (d), by adding at the end the following
new paragraph:
``(5) Information on asset management practices.--Not later
than 5 years after the date of enactment of this paragraph,
and not less often than every 5 years thereafter, the
Administrator shall review and, if appropriate, update
educational materials, including handbooks, training
materials, and technical information, made available by the
Administrator to owners, managers, and operators of public
water systems, local officials, technical assistance
providers (including nonprofit water associations), and State
personnel concerning best practices for asset management
strategies that may be used by public water systems.''.
SEC. 2013. COMMUNITY WATER SYSTEM RISK AND RESILIENCE.
(a) In General.--Section 1433 of the Safe Drinking Water
Act (42 U.S.C. 300i-2) is amended to read as follows:
``SEC. 1433. COMMUNITY WATER SYSTEM RISK AND RESILIENCE.
``(a) Risk and Resilience Assessments.--
``(1) In general.--Each community water system serving a
population of greater than 3,300 persons shall conduct an
assessment of the risks to, and resilience of, its system.
Such an assessment--
``(A) shall include an assessment of--
``(i) the risk to the system from malevolent acts and
natural hazards;
``(ii) the resilience of the pipes and constructed
conveyances, physical barriers, source water, water
collection and intake, pretreatment, treatment, storage and
distribution facilities, electronic, computer, or other
automated systems (including the security of such systems)
which are utilized by the system;
``(iii) the monitoring practices of the system;
``(iv) the financial infrastructure of the system;
``(v) the use, storage, or handling of various chemicals by
the system; and
``(vi) the operation and maintenance of the system; and
``(B) may include an evaluation of capital and operational
needs for risk and resilience management for the system.
``(2) Baseline information.--The Administrator, not later
than August 1, 2019, after consultation with appropriate
departments and agencies of the Federal Government and with
State and local governments, shall provide baseline
information on malevolent acts of relevance to community
water systems, which shall include consideration of acts that
may--
``(A) substantially disrupt the ability of the system to
provide a safe and reliable supply of drinking water; or
``(B) otherwise present significant public health or
economic concerns to the community served by the system.
``(3) Certification.--
``(A) Certification.--Each community water system described
in paragraph (1) shall submit to the Administrator a
certification that the system has conducted an assessment
complying with paragraph (1). Such certification shall be
made prior to--
``(i) March 31, 2020, in the case of systems serving a
population of 100,000 or more;
``(ii) December 31, 2020, in the case of systems serving a
population of 50,000 or more but less than 100,000; and
``(iii) June 30, 2021, in the case of systems serving a
population greater than 3,300 but less than 50,000.
``(B) Review and revision.--Each community water system
described in paragraph (1) shall review the assessment of
such system conducted under such paragraph at least once
every 5 years after the applicable deadline for submission of
its certification under subparagraph (A) to determine whether
such assessment should be revised. Upon completion of such a
review, the community water system shall submit to the
Administrator a certification that the system has reviewed
its assessment and, if applicable, revised such assessment.
``(4) Contents of certifications.--A certification required
under paragraph (3) shall contain only--
``(A) information that identifies the community water
system submitting the certification;
``(B) the date of the certification; and
``(C) a statement that the community water system has
conducted, reviewed, or revised the assessment, as
applicable.
[[Page H8210]]
``(5) Provision to other entities.--No community water
system shall be required under State or local law to provide
an assessment described in this section (or revision thereof)
to any State, regional, or local governmental entity solely
by reason of the requirement set forth in paragraph (3) that
the system submit a certification to the Administrator.
``(b) Emergency Response Plan.--Each community water system
serving a population greater than 3,300 shall prepare or
revise, where necessary, an emergency response plan that
incorporates findings of the assessment conducted under
subsection (a) for such system (and any revisions thereto).
Each community water system shall certify to the
Administrator, as soon as reasonably possible after the date
of enactment of America's Water Infrastructure Act of 2018,
but not later than 6 months after completion of the
assessment under subsection (a), that the system has
completed such plan. The emergency response plan shall
include--
``(1) strategies and resources to improve the resilience of
the system, including the physical security and cybersecurity
of the system;
``(2) plans and procedures that can be implemented, and
identification of equipment that can be utilized, in the
event of a malevolent act or natural hazard that threatens
the ability of the community water system to deliver safe
drinking water;
``(3) actions, procedures, and equipment which can obviate
or significantly lessen the impact of a malevolent act or
natural hazard on the public health and the safety and supply
of drinking water provided to communities and individuals,
including the development of alternative source water
options, relocation of water intakes, and construction of
flood protection barriers; and
``(4) strategies that can be used to aid in the detection
of malevolent acts or natural hazards that threaten the
security or resilience of the system.
``(c) Coordination.--Community water systems shall, to the
extent possible, coordinate with existing local emergency
planning committees established pursuant to the Emergency
Planning and Community Right-To-Know Act of 1986 (42 U.S.C.
11001 et seq.) when preparing or revising an assessment or
emergency response plan under this section.
``(d) Record Maintenance.--Each community water system
shall maintain a copy of the assessment conducted under
subsection (a) and the emergency response plan prepared under
subsection (b) (including any revised assessment or plan) for
5 years after the date on which a certification of such
assessment or plan is submitted to the Administrator under
this section.
``(e) Guidance to Small Public Water Systems.--The
Administrator shall provide guidance and technical assistance
to community water systems serving a population of less than
3,300 persons on how to conduct resilience assessments,
prepare emergency response plans, and address threats from
malevolent acts and natural hazards that threaten to disrupt
the provision of safe drinking water or significantly affect
the public health or significantly affect the safety or
supply of drinking water provided to communities and
individuals.
``(f) Alternative Preparedness and Operational Resilience
Programs.--
``(1) Satisfaction of requirement.--A community water
system that is required to comply with the requirements of
subsections (a) and (b) may satisfy such requirements by--
``(A) using and complying with technical standards that the
Administrator has recognized under paragraph (2); and
``(B) submitting to the Administrator a certification that
the community water system is complying with subparagraph
(A).
``(2) Authority to recognize.--Consistent with section
12(d) of the National Technology Transfer and Advancement Act
of 1995, the Administrator shall recognize technical
standards that are developed or adopted by third-party
organizations or voluntary consensus standards bodies that
carry out the objectives or activities required by this
section as a means of satisfying the requirements under
subsection (a) or (b).
``(g) Technical Assistance and Grants.--
``(1) In general.--The Administrator shall establish and
implement a program, to be known as the Drinking Water
Infrastructure Risk and Resilience Program, under which the
Administrator may award grants in each of fiscal years 2020
and 2021 to owners or operators of community water systems
for the purpose of increasing the resilience of such
community water systems.
``(2) Use of funds.--As a condition on receipt of a grant
under this section, an owner or operator of a community water
system shall agree to use the grant funds exclusively to
assist in the planning, design, construction, or
implementation of a program or project consistent with an
emergency response plan prepared pursuant to subsection (b),
which may include--
``(A) the purchase and installation of equipment for
detection of drinking water contaminants or malevolent acts;
``(B) the purchase and installation of fencing, gating,
lighting, or security cameras;
``(C) the tamper-proofing of manhole covers, fire hydrants,
and valve boxes;
``(D) the purchase and installation of improved treatment
technologies and equipment to improve the resilience of the
system;
``(E) improvements to electronic, computer, financial, or
other automated systems and remote systems;
``(F) participation in training programs, and the purchase
of training manuals and guidance materials, relating to
security and resilience;
``(G) improvements in the use, storage, or handling of
chemicals by the community water system;
``(H) security screening of employees or contractor support
services;
``(I) equipment necessary to support emergency power or
water supply, including standby and mobile sources; and
``(J) the development of alternative source water options,
relocation of water intakes, and construction of flood
protection barriers.
``(3) Exclusions.--A grant under this subsection may not be
used for personnel costs, or for monitoring, operation, or
maintenance of facilities, equipment, or systems.
``(4) Technical assistance.--For each fiscal year, the
Administrator may use not more than $5,000,000 from the funds
made available to carry out this subsection to provide
technical assistance to community water systems to assist in
responding to and alleviating a vulnerability that would
substantially disrupt the ability of the system to provide a
safe and reliable supply of drinking water (including sources
of water for such systems) which the Administrator determines
to present an immediate and urgent need.
``(5) Grants for small systems.--For each fiscal year, the
Administrator may use not more than $10,000,000 from the
funds made available to carry out this subsection to make
grants to community water systems serving a population of
less than 3,300 persons, or nonprofit organizations receiving
assistance under section 1442(e), for activities and projects
undertaken in accordance with the guidance provided to such
systems under subsection (e) of this section.
``(6) Authorization of appropriations.--To carry out this
subsection, there are authorized to be appropriated
$25,000,000 for each of fiscal years 2020 and 2021.
``(h) Definitions.--In this section--
``(1) the term `resilience' means the ability of a
community water system or an asset of a community water
system to adapt to or withstand the effects of a malevolent
act or natural hazard without interruption to the asset's or
system's function, or if the function is interrupted, to
rapidly return to a normal operating condition; and
``(2) the term `natural hazard' means a natural event that
threatens the functioning of a community water system,
including an earthquake, tornado, flood, hurricane, wildfire,
and hydrologic changes.''.
(b) Sensitive Information.--
(1) Protection from disclosure.--Information submitted to
the Administrator of the Environmental Protection Agency
pursuant to section 1433 of the Safe Drinking Water Act, as
in effect on the day before the date of enactment of
America's Water Infrastructure Act of 2018, shall be
protected from disclosure in accordance with the provisions
of such section as in effect on such day.
(2) Disposal.--The Administrator, in partnership with
community water systems (as defined in section 1401 of the
Safe Drinking Water Act), shall develop a strategy to, in a
timeframe determined appropriate by the Administrator,
securely and permanently dispose of, or return to the
applicable community water system, any information described
in paragraph (1).
SEC. 2014. AUTHORIZATION FOR GRANTS FOR STATE PROGRAMS.
Section 1443(a)(7) of the Safe Drinking Water Act (42
U.S.C. 300j-2(a)(7)) is amended by striking ``$100,000,000
for each of fiscal years 1997 through 2003'' and inserting
``$125,000,000 for each of fiscal years 2020 and 2021''.
SEC. 2015. STATE REVOLVING LOAN FUNDS.
(a) Use of Funds.--Section 1452(a)(2)(B) of the Safe
Drinking Water Act (42 U.S.C. 300j-12(a)(2)(B)) is amended by
striking ``(including expenditures for planning, design, and
associated preconstruction activities, including activities
relating to the siting of the facility, but not'' and
inserting ``(including expenditures for planning, design,
siting, and associated preconstruction activities, or for
replacing or rehabilitating aging treatment, storage, or
distribution facilities of public water systems, but not''.
(b) Prevailing Wages.--Section 1452(a) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(a)) is further amended by adding
at the end the following:
``(5) Prevailing wages.--The requirements of section
1450(e) shall apply to any construction project carried out
in whole or in part with assistance made available by a State
loan fund.''.
(c) Assistance for Disadvantaged Communities.--Section
1452(d)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(d)(2)) is amended to read as follows:
``(2) Total amount of subsidies.--For each fiscal year, of
the amount of the capitalization grant received by the State
for the year, the total amount of loan subsidies made by a
State pursuant to paragraph (1)--
``(A) may not exceed 35 percent; and
``(B) to the extent that there are sufficient applications
for loans to communities described in paragraph (1), may not
be less than 6 percent.''.
(d) Types of Assistance.--Section 1452(f)(1) of the Safe
Drinking Water Act (42 U.S.C. 300j-12(f)(1)) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
[[Page H8211]]
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) each loan will be fully amortized not later than 30
years after the completion of the project, except that in the
case of a disadvantaged community (as defined in subsection
(d)(3)) a State may provide an extended term for a loan, if
the extended term--
``(i) terminates not later than the date that is 40 years
after the date of project completion; and
``(ii) does not exceed the expected design life of the
project;''; and
(3) in subparagraph (B), by striking ``1 year after
completion of the project for which the loan was made'' and
all that follows through ``design life of the project;'' and
inserting ``18 months after completion of the project for
which the loan was made;''.
(e) Needs Survey.--Section 1452(h) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(h)) is amended--
(1) by striking ``The Administrator'' and inserting ``(1)
The Administrator''; and
(2) by adding at the end the following new paragraph:
``(2) Any assessment conducted under paragraph (1) after
the date of enactment of America's Water Infrastructure Act
of 2018 shall include an assessment of costs to replace all
lead service lines (as defined in section 1459B(a)(4)) of all
eligible public water systems in the United States, and such
assessment shall describe separately the costs associated
with replacing the portions of such lead service lines that
are owned by an eligible public water system and the costs
associated with replacing any remaining portions of such lead
service lines, to the extent practicable.''.
(f) Other Authorized Activities.--Section 1452(k)(1)(C) of
the Safe Drinking Water Act (42 U.S.C. 300j-12(k)(1)(C)) is
amended by striking ``for fiscal years 1996 and 1997 to
delineate and assess source water protection areas in
accordance with section 1453'' and inserting ``to delineate,
assess, and update assessments for source water protection
areas in accordance with section 1453''.
(g) Best Practices for Administration of State Revolving
Loan Funds.--Section 1452 of the Safe Drinking Water Act (42
U.S.C. 300j-12) is amended by adding after subsection (r) the
following:
``(s) Best Practices for State Loan Fund Administration.--
The Administrator shall--
``(1) collect information from States on administration of
State loan funds established pursuant to subsection (a)(1),
including--
``(A) efforts to streamline the process for applying for
assistance through such State loan funds;
``(B) programs in place to assist with the completion of
applications for assistance through such State loan funds;
``(C) incentives provided to public water systems that
partner with small public water systems to assist with the
application process for assistance through such State loan
funds;
``(D) practices to ensure that amounts in such State loan
funds are used to provide loans, loan guarantees, or other
authorized assistance in a timely fashion;
``(E) practices that support effective management of such
State loan funds;
``(F) practices and tools to enhance financial management
of such State loan funds; and
``(G) key financial measures for use in evaluating State
loan fund operations, including--
``(i) measures of lending capacity, such as current assets
and current liabilities or undisbursed loan assistance
liability; and
``(ii) measures of growth or sustainability, such as return
on net interest;
``(2) not later than 3 years after the date of enactment of
America's Water Infrastructure Act of 2018, disseminate to
the States best practices for administration of such State
loan funds, based on the information collected pursuant to
this subsection; and
``(3) periodically update such best practices, as
appropriate.''.
SEC. 2016. AUTHORIZATION FOR SOURCE WATER PETITION PROGRAMS.
Section 1454(e) of the Safe Drinking Water Act (42 U.S.C.
300j-14(e)) is amended by striking ``1997 through 2003'' and
inserting ``2020 through 2021''.
SEC. 2017. REVIEW OF TECHNOLOGIES.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et
seq.) is further amended by adding at the end the following
new section:
``SEC. 1459D. REVIEW OF TECHNOLOGIES.
``(a) Review.--The Administrator, after consultation with
appropriate departments and agencies of the Federal
Government and with State and local governments, shall review
(or enter into contracts or cooperative agreements to provide
for a review of) existing and potential methods, means,
equipment, and technologies (including review of cost,
availability, and efficacy of such methods, means, equipment,
and technologies) that--
``(1) ensure the physical integrity of community water
systems;
``(2) prevent, detect, and respond to any contaminant for
which a national primary drinking water regulation has been
promulgated in community water systems and source water for
community water systems;
``(3) allow for use of alternate drinking water supplies
from nontraditional sources; and
``(4) facilitate source water assessment and protection.
``(b) Inclusions.--The review under subsection (a) shall
include review of methods, means, equipment, and
technologies--
``(1) that are used for corrosion protection, metering,
leak detection, or protection against water loss;
``(2) that are intelligent systems, including hardware,
software, or other technology, used to assist in protection
and detection described in paragraph (1);
``(3) that are point-of-use devices or point-of-entry
devices;
``(4) that are physical or electronic systems that monitor,
or assist in monitoring, contaminants in drinking water in
real-time; and
``(5) that allow for the use of nontraditional sources for
drinking water, including physical separation and chemical
and biological transformation technologies.
``(c) Availability.--The Administrator shall make the
results of the review under subsection (a) available to the
public.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
section $10,000,000 for fiscal year 2019, which shall remain
available until expended.''.
SEC. 2018. SOURCE WATER.
(a) Addressing Source Water Used for Drinking Water.--
Section 304 of the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11004) is amended--
(1) in subsection (b)(1), by striking ``State emergency
planning commission'' and inserting ``State emergency
response commission''; and
(2) by adding at the end the following new subsection:
``(e) Addressing Source Water Used for Drinking Water.--
``(1) Applicable state agency notification.--A State
emergency response commission shall--
``(A) promptly notify the applicable State agency of any
release that requires notice under subsection (a);
``(B) provide to the applicable State agency the
information identified in subsection (b)(2); and
``(C) provide to the applicable State agency a written
followup emergency notice in accordance with subsection (c).
``(2) Community water system notification.--
``(A) In general.--An applicable State agency receiving
notice of a release under paragraph (1) shall--
``(i) promptly forward such notice to any community water
system the source waters of which are affected by the
release;
``(ii) forward to the community water system the
information provided under paragraph (1)(B); and
``(iii) forward to the community water system the written
followup emergency notice provided under paragraph (1)(C).
``(B) Direct notification.--In the case of a State that
does not have an applicable State agency, the State emergency
response commission shall provide the notices and information
described in paragraph (1) directly to any community water
system the source waters of which are affected by a release
that requires notice under subsection (a).
``(3) Definitions.--In this subsection:
``(A) Community water system.--The term `community water
system' has the meaning given such term in section 1401(15)
of the Safe Drinking Water Act.
``(B) Applicable state agency.--The term `applicable State
agency' means the State agency that has primary
responsibility to enforce the requirements of the Safe
Drinking Water Act in the State.''.
(b) Availability to Community Water Systems.--Section
312(e) of the Emergency Planning and Community Right-To-Know
Act of 1986 (42 U.S.C. 11022(e)) is amended--
(1) in paragraph (1), by striking ``State emergency
planning commission'' and inserting ``State emergency
response commission''; and
(2) by adding at the end the following new paragraph:
``(4) Availability to community water systems.--
``(A) In general.--An affected community water system may
have access to tier II information by submitting a request to
the State emergency response commission or the local
emergency planning committee. Upon receipt of a request for
tier II information, the State commission or local committee
shall, pursuant to paragraph (1), request the facility owner
or operator for the tier II information and make available
such information to the affected community water system.
``(B) Definition.--In this paragraph, the term `affected
community water system' means a community water system (as
defined in section 1401(15) of the Safe Drinking Water Act)
that receives supplies of drinking water from a source water
area, delineated under section 1453 of the Safe Drinking
Water Act, in which a facility that is required to prepare
and submit an inventory form under subsection (a)(1) is
located.''.
SEC. 2019. REPORT ON FEDERAL CROSS-CUTTING REQUIREMENTS.
(a) Report.--Not later than one year after the date of
enactment of this Act, the Comptroller General shall submit
to Congress a report containing the results of a study, to be
conducted in consultation with the Administrator of the
Environmental Protection Agency, any State agency that has
primary responsibility to enforce the requirements of the
Safe Drinking Water Act (42 U.S.C. 300f et seq.) in a State,
and public water systems, to identify demonstrations of
compliance
[[Page H8212]]
with a State or local environmental law that may be
substantially equivalent to any demonstration required by the
Administrator for compliance with a Federal cross-cutting
requirement.
(b) Definitions.--In this subsection:
(1) Federal cross-cutting requirement.--The term ``Federal
cross-cutting requirement'' means a requirement of a Federal
law or regulation, compliance with which is a condition on
receipt of a loan or loan guarantee pursuant to section 1452
of the Safe Drinking Water Act (42 U.S.C. 300j-12), that, if
applied with respect to projects and activities for which a
public water system receives such a loan or loan guarantee,
would be substantially equivalent to a requirement of an
applicable State or local law.
(2) Public water system.--The term ``public water system''
has the meaning given that term in section 1401 of the Safe
Drinking Water Act (42 U.S.C. 300f).
SEC. 2020. ASSISTANCE FOR AREAS AFFECTED BY NATURAL
DISASTERS.
(a) Definitions.--In this section:
(1) Community water system.--The term ``community water
system'' has the meaning given such term in section 1401(15)
of the Safe Drinking Water Act (42 U.S.C. 300f(15)).
(2) Eligible state.--The term ``eligible State'' means a
State, as defined in section 1401(13)(B) of the Safe Drinking
Water Act (42 U.S.C. 300f(13)(B)).
(3) Eligible system.--The term ``eligible system'' means a
community water system--
(A) that serves an area for which, after January 1, 2017,
the President under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.)--
(i) has issued a major disaster declaration; and
(ii) provided disaster assistance; or
(B) that is capable of extending its potable drinking water
service into an underserved area.
(4) National primary drinking water regulation.--The term
``national primary drinking water regulation'' means a
national primary drinking water regulation under section 1412
of the Safe Drinking Water Act (42 U.S.C. 300g-1).
(5) Underserved area.--The term ``underserved area'' means
a geographic area in an eligible State that--
(A) is served by a community water system serving fewer
than 50,000 persons where delivery of, or access to, potable
water is or was disrupted; and
(B) received disaster assistance pursuant to a declaration
described in paragraph (3)(A).
(b) State Revolving Loan Fund Assistance.--
(1) In general.--An eligible State may use funds provided
pursuant to subsection (e)(1) to provide assistance to an
eligible system within the eligible State for the purpose of
restoring or increasing compliance with national primary
drinking water regulations in an underserved area.
(2) Inclusion.--
(A) Additional subsidization.--With respect to assistance
provided under paragraph (1), an eligible system shall be
eligible to receive loans with additional subsidization
(including forgiveness of principal, negative-interest loans,
or grants (or any combination thereof)) for the purpose
described in paragraph (1).
(B) Nondesignation.--Assistance provided under paragraph
(1) may include additional subsidization, as described in
subparagraph (A), even if the service area of the eligible
system has not been designated by the applicable eligible
State as a disadvantaged community pursuant to section
1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(d)(3)).
(c) Exclusion.--Assistance provided under this section
shall not include assistance for a project that is financed
(directly or indirectly), in whole or in part, with proceeds
of any obligation issued after the date of enactment of this
Act the interest of which is exempt from the tax imposed
under chapter 1 of the Internal Revenue Code of 1986.
(d) Nonduplication of Work.--An activity carried out
pursuant to this section shall not duplicate the work or
activity of any other Federal or State department or agency.
(e) Additional Drinking Water State Revolving Fund
Capitalization Grants.--
(1) In general.--There is authorized to be appropriated to
the Administrator of the Environmental Protection Agency
$100,000,000 to provide additional capitalization grants
pursuant to section 1452 of the Safe Drinking Water Act (42
U.S.C. 300j-12) to eligible States, to be available--
(A) for a period of 24 months beginning on the date on
which the funds are made available for the purpose described
in subsection (b)(1); and
(B) after the end of such 24-month period, until expended
for the purpose described in paragraph (3) of this
subsection.
(2) Supplemented intended use plans.--
(A) Obligation of amounts.--Not later than 30 days after
the date on which an eligible State submits to the
Administrator a supplemental intended use plan under section
1452(b) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(b)), from funds made available under paragraph (1), the
Administrator shall obligate to such eligible State such
amounts as are appropriate to address the needs identified in
such supplemental intended use plan for the purpose described
in subsection (b)(1).
(B) Plans.--A supplemental intended use plan described in
subparagraph (A) shall include information regarding projects
to be funded using the assistance provided under subsection
(b)(1), including, with respect to each such project--
(i) a description of the project;
(ii) an explanation of the means by which the project will
restore or improve compliance with national primary drinking
water regulations in an underserved area;
(iii) the estimated cost of the project; and
(iv) the projected start date for the project.
(3) Unobligated amounts.--Any amounts made available to the
Administrator under paragraph (1) that are unobligated on the
date that is 24 months after the date on which the amounts
are made available shall be available for the purpose of
providing additional grants to States to capitalize State
loan funds as provided under section 1452 of the Safe
Drinking Water Act (42 U.S.C. 300j-12).
(4) Applicability.--
(A) In general.--Except as otherwise provided in this
section, all requirements of the Safe Drinking Water Act (42
U.S.C. 300f et seq.) shall apply to funding provided under
this section.
(B) Intended use plans.--Section 1452(b)(1) of the Safe
Drinking Water Act (42 U.S.C. 300j-12(b)(1)) shall not apply
to a supplemental intended use plan under paragraph (2).
(C) State contribution.--For amounts authorized to be
appropriated under paragraph (1), the matching requirements
in section 1452(e) of the Safe Drinking Water Act (42 U.S.C.
300j-12(e)) shall not apply to any funds provided to the
Commonwealth of Puerto Rico under this section.
SEC. 2021. MONITORING FOR UNREGULATED CONTAMINANTS.
(a) In General.--Section 1445 of the Safe Drinking Water
Act (42 U.S.C. 300j-4) is amended by adding at the end the
following:
``(j) Monitoring by Certain Systems.--
``(1) In general.--Notwithstanding subsection (a)(2)(A),
the Administrator shall, subject to the availability of
appropriations for such purpose--
``(A) require public water systems serving between 3,300
and 10,000 persons to monitor for unregulated contaminants in
accordance with this section; and
``(B) ensure that only a representative sample of public
water systems serving fewer than 3,300 persons are required
to monitor.
``(2) Effective date.--Paragraph (1) shall take effect 3
years after the date of enactment of this subsection.
``(3) Limitation.--Paragraph (1) shall take effect unless
the Administrator determines that there is not sufficient
laboratory capacity to accommodate the analysis necessary to
carry out monitoring required under such paragraph.
``(4) Limitation on enforcement.--The Administrator may not
enforce a requirement to monitor pursuant to paragraph (1)
with respect to any public water system serving fewer than
3,300 persons, including by subjecting such a public water
system to any civil penalty.
``(5) Authorization of appropriations.--There are
authorized to be appropriated $15,000,000 in each fiscal year
for which monitoring is required to be carried out under this
subsection for the Administrator to pay the reasonable cost
of such testing and laboratory analysis as are necessary to
carry out monitoring required under this subsection.''.
(b) Authorization of Appropriations.--Section 1445(a)(2)(H)
of the Safe Drinking Water Act (42 U.S.C. 300j-4(a)(2)(H)) is
amended by striking ``1997 through 2003'' and inserting
``2019 through 2021''.
(c) Inclusion in Data Base.--Section 1445(g)(7) of the Safe
Drinking Water Act (42 U.S.C. 300j-4(g)(7)) is amended by--
(1) striking ``and'' at the end of subparagraph (B);
(2) redesignating subparagraph (C) as subparagraph (D); and
(3) inserting after subparagraph (B) the following:
``(C) if applicable, monitoring information collected by
public water systems pursuant to subsection (j) that is not
duplicative of monitoring information included in the data
base under subparagraph (B) or (D); and''.
SEC. 2022. AMERICAN IRON AND STEEL PRODUCTS.
Section 1452(a)(4)(A) of the Safe Drinking Water Act (42
U.S.C. 300j-12(a)(4)(A)) is amended by striking ``fiscal year
2017'' and inserting ``fiscal years 2019 through 2023''.
SEC. 2023. AUTHORIZATION FOR CAPITALIZATION GRANTS TO STATES
FOR STATE DRINKING WATER TREATMENT REVOLVING
LOAN FUNDS.
Section 1452(m) of the Safe Drinking Water Act (42 U.S.C.
300j-12(m)) is amended--
(1) by striking the first sentence and inserting the
following:
``(1) There are authorized to be appropriated to carry out
the purposes of this section--
``(A) $1,174,000,000 for fiscal year 2019;
``(B) $1,300,000,000 for fiscal year 2020; and
``(C) $1,950,000,000 for fiscal year 2021.'';
(2) by striking ``To the extent amounts authorized to be''
and inserting the following:
``(2) To the extent amounts authorized to be''; and
(3) by striking ``(prior to the fiscal year 2004)''.
[[Page H8213]]
TITLE III--ENERGY
SEC. 3001. MODERNIZING AUTHORIZATIONS FOR NECESSARY
HYDROPOWER APPROVALS.
(a) Preliminary Permits.--Section 5 of the Federal Power
Act (16 U.S.C. 798) is amended--
(1) in subsection (a), by striking ``three'' and inserting
``4''; and
(2) in subsection (b)--
(A) by striking ``Commission may extend the period of a
preliminary permit once for not more than 2 additional years
beyond the 3 years'' and inserting the following:
``Commission may--
``(1) extend the period of a preliminary permit once for
not more than 4 additional years beyond the 4 years'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(2) after the end of an extension period granted under
paragraph (1), issue an additional permit to the permittee if
the Commission determines that there are extraordinary
circumstances that warrant the issuance of the additional
permit.''.
(b) Time Limit for Construction of Project Works.--Section
13 of the Federal Power Act (16 U.S.C. 806) is amended in the
second sentence by striking ``once but not longer than two
additional years'' and inserting ``for not more than 8
additional years,''.
(c) Obligation for Payment of Annual Charges.--Any
obligation of a licensee or exemptee for the payment of
annual charges under section 10(e) of the Federal Power Act
(16 U.S.C. 803(e)) for a project that has not commenced
construction as of the date of enactment of this Act shall
commence not earlier than the latest of--
(1) the date by which the licensee or exemptee is required
to commence construction; or
(2) the date of any extension of the deadline under
paragraph (1).
SEC. 3002. QUALIFYING CONDUIT HYDROPOWER FACILITIES.
Section 30(a) of the Federal Power Act (16 U.S.C. 823a(a))
is amended--
(1) in paragraph (2)(C), by striking ``45 days'' and
inserting ``30 days''; and
(2) in paragraph (3)(C)(ii), by striking ``5'' and
inserting ``40''.
SEC. 3003. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING
NONPOWERED DAMS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is
amended by adding at the end the following:
``SEC. 34. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING
NONPOWERED DAMS.
``(a) Expedited Licensing Process for Non-Federal
Hydropower Projects at Existing Nonpowered Dams.--
``(1) In general.--As provided in this section, the
Commission may issue and amend licenses, as appropriate, for
any facility the Commission determines is a qualifying
facility.
``(2) Rule.--Not later than 180 days after the date of
enactment of this section, the Commission shall issue a rule
establishing an expedited process for issuing and amending
licenses for qualifying facilities under this section.
``(3) Interagency task force.--
``(A) In establishing the expedited process under this
section, the Commission shall convene an interagency task
force, with appropriate Federal and State agencies and Indian
tribes represented, to coordinate the regulatory processes
associated with the authorizations required to construct and
operate a qualifying facility.
``(B) The task force shall develop procedures that are
consistent with subsection (e)(1)(E) to seek to ensure that,
for projects licensed pursuant to this section, the
Commission and appropriate Federal and State agencies and
Indian tribes shall exercise their authorities in a manner
that, to the extent practicable, will not result in any
material change to the storage, release, or flow operations
of the associated nonpowered dam existing at the time an
applicant files its license application.
``(4) Length of process.--The Commission shall seek to
ensure that the expedited process under this section will
result in a final decision on an application for a license by
not later than 2 years after receipt of a completed
application for the license.
``(b) Dam Safety.--
``(1) Assessment.--Before issuing any license for a
qualifying facility, the Commission shall assess the safety
of existing non-Federal dams and other non-Federal structures
related to the qualifying facility (including possible
consequences associated with failure of such structures).
``(2) Requirements.--In issuing any license for a
qualifying facility at a non-Federal dam, the Commission
shall ensure that the Commission's dam safety requirements
apply to such qualifying facility, and the associated
qualifying nonpowered dam, over the term of such license.
``(c) Interagency Communications.--Interagency cooperation
in the preparation of environmental documents under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) with respect to an application for a license for a
qualifying facility under this section, and interagency
communications relating to licensing process coordination
pursuant to this section, shall not--
``(1) be considered to be ex parte communications under
Commission rules; or
``(2) preclude an agency from participating in a licensing
proceeding under this part, providing that any agency
participating as a party in a licensing proceeding under this
part shall, to the extent practicable, demonstrate a
separation of staff cooperating with the Commission under the
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
and staff participating in the applicable proceeding under
this part.
``(d) Identification of Nonpowered Dams for Hydropower
Development.--
``(1) In general.--Not later than 12 months after the date
of enactment of this section, the Commission, with the
Secretary of the Army, the Secretary of the Interior, and the
Secretary of Agriculture, shall jointly develop a list of
existing nonpowered Federal dams that the Commission and the
Secretaries agree have the greatest potential for non-Federal
hydropower development.
``(2) Considerations.--In developing the list under
paragraph (1), the Commission and the Secretaries may
consider the following:
``(A) The compatibility of hydropower generation with
existing purposes of the dam.
``(B) The proximity of the dam to existing transmission
resources.
``(C) The existence of studies to characterize
environmental, cultural, and historic resources relating to
the dam.
``(D) The effects of hydropower development on release or
flow operations of the dam.
``(3) Availability.--The Commission shall--
``(A) provide the list developed under paragraph (1) to--
``(i) the Committee on Energy and Commerce, the Committee
on Transportation and Infrastructure, and the Committee on
Natural Resources, of the House of Representatives; and
``(ii) the Committee on Environment and Public Works, and
the Committee on Energy and Natural Resources, of the Senate;
and
``(B) make such list available to the public.
``(e) Definitions.--For purposes of this section:
``(1) Qualifying criteria.--The term `qualifying criteria'
means, with respect to a facility--
``(A) as of the date of enactment of this section, the
facility is not licensed under, or exempted from the license
requirements contained in, this part;
``(B) the facility will be associated with a qualifying
nonpowered dam;
``(C) the facility will be constructed, operated, and
maintained for the generation of electric power;
``(D) the facility will use for such generation any
withdrawals, diversions, releases, or flows from the
associated qualifying nonpowered dam, including its
associated impoundment or other infrastructure; and
``(E) the operation of the facility will not result in any
material change to the storage, release, or flow operations
of the associated qualifying nonpowered dam.
``(2) Qualifying facility.--The term `qualifying facility'
means a facility that is determined under this section to
meet the qualifying criteria.
``(3) Qualifying nonpowered dam.--The term `qualifying
nonpowered dam' means any dam, dike, embankment, or other
barrier--
``(A) the construction of which was completed on or before
the date of enactment of this section;
``(B) that is or was operated for the control, release, or
distribution of water for agricultural, municipal,
navigational, industrial, commercial, environmental,
recreational, aesthetic, drinking water, or flood control
purposes; and
``(C) that, as of the date of enactment of this section, is
not generating electricity with hydropower generating works
that are licensed under, or exempted from the license
requirements contained in, this part.
``(f) Savings Clause.--Nothing in this section affects--
``(1) any authority of the Commission to license a facility
at a nonpowered dam under this part; and
``(2) any authority of the Commission to issue an exemption
to a small hydroelectric power project under the Public
Utility Regulatory Policies Act of 1978.''.
SEC. 3004. CLOSED-LOOP PUMPED STORAGE PROJECTS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as
amended, is further amended by adding at the end the
following:
``SEC. 35. CLOSED-LOOP PUMPED STORAGE PROJECTS.
``(a) Expedited Licensing Process for Closed-Loop Pumped
Storage Projects.--
``(1) In general.--As provided in this section, the
Commission may issue and amend licenses, as appropriate, for
closed-loop pumped storage projects.
``(2) Rule.--Not later than 180 days after the date of
enactment of this section, the Commission shall issue a rule
establishing an expedited process for issuing and amending
licenses for closed-loop pumped storage projects under this
section.
``(3) Interagency task force.--In establishing the
expedited process under this section, the Commission shall
convene an interagency task force, with appropriate Federal
and State agencies and Indian tribes represented, to
coordinate the regulatory processes associated with the
authorizations required to construct and operate closed-loop
pumped storage projects.
[[Page H8214]]
``(4) Length of process.--The Commission shall seek to
ensure that the expedited process under this section will
result in final decision on an application for a license by
not later than 2 years after receipt of a completed
application for such license.
``(b) Dam Safety.--Before issuing any license for a closed-
loop pumped storage project, the Commission shall assess the
safety of existing dams and other structures related to the
project (including possible consequences associated with
failure of such structures).
``(c) Exceptions From Other Requirements.--
``(1) In general.--In issuing or amending a license for a
closed-loop pumped storage project pursuant to the expedited
process established under this section, the Commission may
grant an exception from any other requirement of this part
with respect to any part of the closed-loop pumped storage
project (not including any dam or other impoundment).
``(2) Consultation.--In granting an exception under
paragraph (1), the Commission shall consult with the United
States Fish and Wildlife Service, the National Marine
Fisheries Service, and the State agency exercising
administration over the fish and wildlife resources of the
State in which the closed-loop pumped storage project is or
will be located, in the manner provided by the Fish and
Wildlife Coordination Act (16 U.S.C. 661 et seq.).
``(3) Terms and conditions.--In granting an exception under
paragraph (1), the Commission shall include in any such
exception--
``(A) such terms and conditions as the United States Fish
and Wildlife Service, the National Marine Fisheries Service,
and the State agency described in paragraph (2) each
determine are appropriate to prevent loss of, or damage to,
fish and wildlife resources and to otherwise carry out the
purposes of the Fish and Wildlife Coordination Act; and
``(B) such terms and conditions as the Commission deems
appropriate to ensure that such closed-loop pumped storage
project continues to comply with the provisions of this
section and terms and conditions included in any such
exception.
``(4) Fees.--The Commission, in addition to the
requirements of section 10(e), shall establish fees which
shall be paid by an applicant for a license for a closed-loop
pumped storage project that is required to meet terms and
conditions set by fish and wildlife agencies under paragraph
(3). Such fees shall be adequate to reimburse the fish and
wildlife agencies referred to in paragraph (3) for any
reasonable costs incurred in connection with any studies or
other reviews carried out by such agencies for purposes of
compliance with this section. The fees shall, subject to
annual appropriations Acts, be transferred to such agencies
by the Commission for use solely for purposes of carrying out
such studies and shall remain available until expended.
``(d) Transfers.--Notwithstanding section 5, and regardless
of whether the holder of a preliminary permit for a closed-
loop pumped storage project claimed municipal preference
under section 7(a) when obtaining the permit, on request by a
municipality, the Commission may, to facilitate development
of a closed-loop pumped storage project--
``(1) add entities as joint permittees following issuance
of a preliminary permit; and
``(2) transfer a license in part to one or more
nonmunicipal entities as co-licensees with a municipality, if
the municipality retains majority ownership of the project
for which the license was issued.
``(e) Interagency Communications.--Interagency cooperation
in the preparation of environmental documents under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) with respect to an application for a license for a
closed-loop pumped storage project submitted pursuant to this
section, and interagency communications relating to licensing
process coordination pursuant to this section, shall not--
``(1) be considered to be ex parte communications under
Commission rules; or
``(2) preclude an agency from participating in a licensing
proceeding under this part, providing that any agency
participating as a party in a licensing proceeding under this
part shall, to the extent practicable, demonstrate a
separation of staff cooperating with the Commission under the
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
and staff participating in the applicable proceeding under
this part.
``(f) Developing Abandoned Mines for Pumped Storage.--
``(1) Workshop.--Not later than 6 months after the date of
enactment of this section, the Commission shall hold a
workshop to explore potential opportunities for development
of closed-loop pumped storage projects at abandoned mine
sites.
``(2) Guidance.--Not later than 1 year after the date of
enactment of this section, the Commission shall issue
guidance to assist applicants for licenses or preliminary
permits for closed-loop pumped storage projects at abandoned
mine sites.
``(g) Qualifying Criteria for Closed-Loop Pumped Storage
Projects.--
``(1) In general.--The Commission shall establish criteria
that a pumped storage project shall meet in order to qualify
as a closed-loop pumped storage project eligible for the
expedited process established under this section.
``(2) Inclusions.--In establishing the criteria under
paragraph (1), the Commission shall include criteria
requiring that the pumped storage project--
``(A) cause little to no change to existing surface and
ground water flows and uses; and
``(B) is unlikely to adversely affect species listed as a
threatened species or endangered species under the Endangered
Species Act of 1973.
``(h) Savings Clause.--Nothing in this section affects any
authority of the Commission to license a closed-loop pumped
storage project under this part.''.
SEC. 3005. CONSIDERATIONS FOR RELICENSING TERMS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as
amended, is further amended by adding at the end the
following:
``SEC. 36. CONSIDERATIONS FOR RELICENSING TERMS.
``(a) In General.--In determining the term of a new license
issued when an existing license under this part expires, the
Commission shall take into consideration, among other
things--
``(1) project-related investments by the licensee under the
new license; and
``(2) project-related investments by the licensee over the
term of the existing license.
``(b) Equal Weight.--The determination of the Commission
under subsection (a) shall give equal weight to--
``(1) investments by the licensee to implement the new
license under this part, including investments relating to
redevelopment, new construction, new capacity, efficiency,
modernization, rehabilitation or replacement of major
equipment, safety improvements, or environmental, recreation,
or other protection, mitigation, or enhancement measures
required or authorized by the new license; and
``(2) investments by the licensee over the term of the
existing license (including any terms under annual licenses)
that--
``(A) resulted in redevelopment, new construction, new
capacity, efficiency, modernization, rehabilitation or
replacement of major equipment, safety improvements, or
environmental, recreation, or other protection, mitigation,
or enhancement measures conducted over the term of the
existing license; and
``(B) were not expressly considered by the Commission as
contributing to the length of the existing license term in
any order establishing or extending the existing license
term.
``(c) Commission Determination.--At the request of the
licensee, the Commission shall make a determination as to
whether any planned, ongoing, or completed investment meets
the criteria under subsection (b)(2). Any determination under
this subsection shall be issued within 60 days following
receipt of the licensee's request. When issuing its
determination under this subsection, the Commission shall not
assess the incremental number of years that the investment
may add to the new license term. All such assessment shall
occur only as provided in subsection (a).''.
SEC. 3006. FAIR RATEPAYER ACCOUNTABILITY, TRANSPARENCY, AND
EFFICIENCY STANDARDS.
Section 205 of the Federal Power Act (16 U.S.C. 824d) is
amended by adding at the end the following:
``(g) Inaction of Commissioners.--
``(1) In general.--With respect to a change described in
subsection (d), if the Commission permits the 60-day period
established therein to expire without issuing an order
accepting or denying the change because the Commissioners are
divided two against two as to the lawfulness of the change,
as a result of vacancy, incapacity, or recusal on the
Commission, or if the Commission lacks a quorum--
``(A) the failure to issue an order accepting or denying
the change by the Commission shall be considered to be an
order issued by the Commission accepting the change for
purposes of section 313(a); and
``(B) each Commissioner shall add to the record of the
Commission a written statement explaining the views of the
Commissioner with respect to the change.
``(2) Appeal.--If, pursuant to this subsection, a person
seeks a rehearing under section 313(a), and the Commission
fails to act on the merits of the rehearing request by the
date that is 30 days after the date of the rehearing request
because the Commissioners are divided two against two, as a
result of vacancy, incapacity, or recusal on the Commission,
or if the Commission lacks a quorum, such person may appeal
under section 313(b).''.
SEC. 3007. J. BENNETT JOHNSTON WATERWAY HYDROPOWER EXTENSION.
(a) In General.--Notwithstanding the time period specified
in section 13 of the Federal Power Act (16 U.S.C. 806) that
would otherwise apply to Federal Energy Regulatory Commission
project numbers 12756, 12757, and 12758, the Commission may,
at the request of the licensee for the applicable project,
and after reasonable notice, in accordance with the good
faith, due diligence, and public interest requirements of
that section and the Commission's procedures under that
section, extend the time period during which such licensee is
required to commence the construction of its applicable
project for up to 3 consecutive 2-year periods from the date
of the expiration of the extension originally issued by the
Commission under that section for such project.
(b) Obligation for Payment of Annual Charges.--Any
obligation of a licensee for a project described in
subsection (a) for the payment of annual charges under
section
[[Page H8215]]
10(e) of the Federal Power Act (16 U.S.C. 803(e)) shall
commence when the construction of the project commences.
(c) Reinstatement of License; Effective Date for
Extension.--
(1) Reinstatement.--If the time period required for
commencement of construction of a project described in
subsection (a) has expired prior to the date of the enactment
of this Act, the Commission may reinstate the license for
such project, effective as of the date of the expiration of
the license.
(2) Effective date for extension.--If the Commission
reinstates a license under paragraph (1) for a project, the
first extension authorized under subsection (a) with respect
to such project shall take effect on the effective date of
such reinstatement under paragraph (1).
SEC. 3008. STAY AND REINSTATEMENT OF FERC LICENSE NO. 11393
FOR THE MAHONEY LAKE HYDROELECTRIC PROJECT.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) License.--The term ``license'' means the license for
the Commission project numbered 11393.
(3) Licensee.--The term ``licensee'' means the holder of
the license.
(b) Stay of License.--On the request of the licensee, the
Commission shall issue an order continuing the stay of the
license.
(c) Lifting of Stay.--On the request of the licensee, but
not later than 10 years after the date of enactment of this
Act, the Commission shall--
(1) issue an order lifting the stay of the license under
subsection (b); and
(2) make the effective date of the license the date on
which the stay is lifted under paragraph (1).
(d) Extension of License.--
(1) In general.--Notwithstanding the time period specified
in section 13 of the Federal Power Act (16 U.S.C. 806) that
would otherwise apply to the Commission project numbered
11393, the Commission may, at the request of the licensee,
and after reasonable notice, in accordance with the good
faith, due diligence, and public interest requirements of,
and the procedures of the Commission under, that section,
extend the time period during which the licensee is required
to commence the construction of the project for not more than
3 consecutive 2-year periods from the date of the expiration
of the extension originally issued by the Commission.
(2) Reinstatement of expired license.--
(A) In general.--If the period required for the
commencement of construction of the project described in
paragraph (1) has expired prior to the date of enactment of
this Act, the Commission may reinstate the license effective
as of the date of the expiration of the license.
(B) Extension.--If the Commission reinstates the license
under subparagraph (A), the first extension authorized under
paragraph (1) shall take effect on the date of that
expiration.
(e) Effect.--Nothing in this Act prioritizes, or creates
any advantage or disadvantage to, Commission project numbered
11393 under Federal law, including the Federal Power Act (16
U.S.C. 791a et seq.) or the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2601 et seq.), as compared
to--
(1) any electric generating facility in existence on the
date of enactment of this Act; or
(2) any electric generating facility that may be examined,
proposed, or developed during the period of any stay or
extension of the license under this Act.
SEC. 3009. STRATEGIC PETROLEUM RESERVE DRAWDOWN.
(a) Drawdown and Sale.--
(1) In general.--Notwithstanding section 161 of the Energy
Policy and Conservation Act (42 U.S.C. 6241), except as
provided in subsection (b), the Secretary of Energy shall
draw down and sell 5,000,000 barrels of crude oil from the
Strategic Petroleum Reserve during fiscal year 2028.
(2) Deposit of amounts received from sale.--Amounts
received from a sale under paragraph (1) shall be deposited
in the general fund of the Treasury during the fiscal year in
which the sale occurs.
(b) Emergency Protection.--The Secretary of Energy may not
draw down and sell crude oil under this section in quantities
that would limit the authority to sell petroleum products
under subsection (h) of section 161 of the Energy Policy and
Conservation Act (42 U.S.C. 6241) in the full quantity
authorized by that subsection.
TITLE IV--OTHER MATTERS
Subtitle A--Clean Water
SEC. 4101. STORMWATER INFRASTRUCTURE FUNDING TASK FORCE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall establish a stormwater infrastructure
funding task force composed of representatives of Federal,
State, and local governments and private (including
nonprofit) entities to conduct a study on, and develop
recommendations to improve, the availability of public and
private sources of funding for the construction,
rehabilitation, and operation and maintenance of stormwater
infrastructure to meet the requirements of the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.).
(b) Considerations.--In carrying out subsection (a), the
task force shall--
(1) identify existing Federal, State, and local public
sources and private sources of funding for stormwater
infrastructure; and
(2) consider--
(A) how funding for stormwater infrastructure from such
sources has been made available, and utilized, in each State
to address stormwater infrastructure needs identified
pursuant to section 516(b)(1) of the Federal Water Pollution
Control Act (33 U.S.C. 1375(b)(1));
(B) how the source of funding affects the affordability of
the infrastructure (as determined based on the considerations
used to assess the financial capability of municipalities
under the integrated planning guidelines described in the
Integrated Municipal Stormwater and Wastewater Planning
Approach Framework, issued by the Environmental Protection
Agency on June 5, 2012, and dated May, 2012), including
consideration of the costs associated with financing the
infrastructure; and
(C) whether such sources of funding are sufficient to
support capital expenditures and long-term operation and
maintenance costs necessary to meet the stormwater
infrastructure needs of municipalities.
(c) Report.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit to
Congress a report that describes the results of the study
conducted, and the recommendations developed, under
subsection (a).
(d) State Defined.--In this section, the term ``State'' has
the meaning given that term in section 502 of the Federal
Water Pollution Control Act (33 U.S.C. 1362).
SEC. 4102. WASTEWATER TECHNOLOGY CLEARINGHOUSE.
(a) In General.--
(1) In general.--The Administrator of the Environmental
Protection Agency shall--
(A) for each of the programs described in paragraph (2),
update the information for those programs to include
information on cost-effective and alternative wastewater
recycling and treatment technologies, including onsite and
decentralized systems; and
(B) disseminate to units of local government and nonprofit
organizations seeking Federal funds for wastewater technology
information on the cost effectiveness of alternative
wastewater treatment and recycling technologies, including
onsite and decentralized systems.
(2) Programs described.--The programs referred to in
paragraph (1)(A) are programs that provide technical
assistance for wastewater management, including--
(A) programs for nonpoint source management under section
319 of the Federal Water Pollution Control Act (33 U.S.C.
1329); and
(B) the permit program for the disposal of sewer sludge
under section 405 of the Federal Water Pollution Control Act
(33 U.S.C. 1345).
(b) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, and not less frequently than
every 3 years thereafter, the Administrator of the
Environmental Protection Agency shall submit to Congress a
report that describes--
(1) the type and amount of information provided under
subsection (a) to units of local government and nonprofit
organizations regarding alternative wastewater treatment and
recycling technologies;
(2) the States and regions that have made greatest use of
alternative wastewater treatment and recycling technologies;
and
(3) the actions taken by the Administrator to assist States
in the deployment of alternative wastewater treatment and
recycling technologies, including onsite and decentralized
systems.
SEC. 4103. TECHNICAL ASSISTANCE FOR TREATMENT WORKS.
(a) Technical Assistance.--Section 104 of the Federal Water
Pollution Control Act (33 U.S.C. 1254) is amended--
(1) in subsection (b)--
(A) by striking ``and'' at the end of paragraph (6);
(B) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(C) by adding at the end the following:
``(8) make grants to nonprofit organizations--
``(A) to provide technical assistance to rural, small, and
tribal municipalities for the purpose of assisting, in
consultation with the State in which the assistance is
provided, such municipalities and tribal governments in the
planning, developing, and acquisition of financing for
eligible projects and activities described in section 603(c);
``(B) to provide technical assistance and training for
rural, small, and tribal publicly owned treatment works and
decentralized wastewater treatment systems to enable such
treatment works and systems to protect water quality and
achieve and maintain compliance with the requirements of this
Act; and
``(C) to disseminate information to rural, small, and
tribal municipalities and municipalities that meet the
affordability criteria established under section 603(i)(2) by
the State in which the municipality is located with respect
to planning, design, construction, and operation of publicly
owned treatment works and decentralized wastewater treatment
systems.''; and
(2) by adding at the end the following:
``(w) Nonprofit Organization.--For purposes of subsection
(b)(8), the term `nonprofit organization' means a nonprofit
organization that the Administrator determines, after
consultation with the States regarding what small publicly
owned treatments works in
[[Page H8216]]
the State find to be most beneficial and effective, is
qualified and experienced in providing on-site training and
technical assistance to small publicly owned treatment
works.''.
(b) Authorization of Appropriations.--Section 104(u) of the
Federal Water Pollution Control Act (33 U.S.C. 1254(u)) is
amended--
(1) by striking ``and (6)'' and inserting ``(6)''; and
(2) by inserting before the period at the end the
following: ``; and (7) not to exceed $25,000,000 for each of
fiscal years 2019 through 2023 for carrying out subsections
(b)(3), (b)(8), and (g)''.
SEC. 4104. AMENDMENTS TO LONG ISLAND SOUND PROGRAMS.
(a) Long Island Sound Restoration Program.--Section 119 of
the Federal Water Pollution Control Act (33 U.S.C. 1269) is
amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking
``Management Conference of the Long Island Sound Study'' and
inserting ``conference study'';
(B) in paragraph (2)--
(i) in each of subparagraphs (A) through (G), by striking
the commas at the end of the subparagraphs and inserting
semicolons;
(ii) in subparagraph (H), by striking ``, and'' and
inserting a semicolon;
(iii) in subparagraph (I), by striking the period at the
end and inserting a semicolon; and
(iv) by adding at the end the following:
``(J) environmental vulnerabilities of the Long Island
Sound watershed, including--
``(i) the identification and assessment of such
vulnerabilities in the watershed;
``(ii) the development and implementation of adaptation
strategies to reduce such vulnerabilities; and
``(iii) the identification and assessment of the effects of
sea level rise on water quality, habitat, and infrastructure;
and'';
(C) by striking paragraph (4) and inserting the following:
``(4) develop and implement strategies to increase public
education and awareness with respect to the ecological health
and water quality conditions of Long Island Sound;'';
(D) in paragraph (5), by inserting ``study'' after
``conference'';
(E) in paragraph (6)--
(i) by inserting ``(including on a publicly accessible
website)'' after ``the public''; and
(ii) by inserting ``study'' after ``conference''; and
(F) by striking paragraph (7) and inserting the following:
``(7) monitor the progress made toward meeting the
identified goals, actions, and schedules of the Comprehensive
Conservation and Management Plan, including through the
implementation and support of a monitoring system for the
ecological health and water quality conditions of Long Island
Sound; and'';
(2) in subsection (d)(3), in the second sentence, by
striking ``50 per centum'' and inserting ``60 percent'';
(3) by redesignating subsection (f) as subsection (h); and
(4) by inserting after subsection (e) the following:
``(f) Report.--
``(1) In general.--Not later than 2 years after the date of
enactment of this Act, and biennially thereafter, the
Director of the Office, in consultation with the Governor of
each Long Island Sound State, shall submit to Congress a
report that--
``(A) summarizes and assesses the progress made by the
Office and the Long Island Sound States in implementing the
Long Island Sound Comprehensive Conservation and Management
Plan, including an assessment of the progress made toward
meeting the performance goals and milestones contained in the
Plan;
``(B) assesses the key ecological attributes that reflect
the health of the ecosystem of the Long Island Sound
watershed;
``(C) describes any substantive modifications to the Long
Island Sound Comprehensive Conservation and Management Plan
made during the 2-year period preceding the date of
submission of the report;
``(D) provides specific recommendations to improve progress
in restoring and protecting the Long Island Sound watershed,
including, as appropriate, proposed modifications to the Long
Island Sound Comprehensive Conservation and Management Plan;
``(E) identifies priority actions for implementation of the
Long Island Sound Comprehensive Conservation and Management
Plan for the 2-year period following the date of submission
of the report; and
``(F) describes the means by which Federal funding and
actions will be coordinated with the actions of the Long
Island Sound States and other entities.
``(2) Public availability.--The Administrator shall make
the report described in paragraph (1) available to the
public, including on a publicly accessible website.
``(g) Federal Entities.--
``(1) Coordination.--The Administrator shall coordinate the
actions of all Federal departments and agencies that affect
water quality in the Long Island Sound watershed in order to
improve the water quality and living resources of the
watershed.
``(2) Methods.--In carrying out this section, the
Administrator, acting through the Director of the Office,
may--
``(A) enter into interagency agreements; and
``(B) make intergovernmental personnel appointments.
``(4) Consistency with comprehensive conservation and
management plan.--To the maximum extent practicable, the head
of each Federal department or agency that owns or occupies
real property, or carries out activities, within the Long
Island Sound watershed shall ensure that the property and all
activities carried out by the department or agency are
consistent with the Long Island Sound Comprehensive
Conservation and Management Plan (including any related
subsequent agreements and plans).''.
(b) Long Island Sound Stewardship Program.--Section 8(g) of
the Long Island Sound Stewardship Act of 2006 (33 U.S.C. 1269
note; Public Law 109-359) is amended by striking ``2011'' and
inserting ``2021''.
(c) Reauthorization of Long Island Sound Programs.--
(1) Long island sound grants.--Subsection (h) of section
119 of the Federal Water Pollution Control Act (33 U.S.C.
1269) (as redesignated by subsection (a)) is amended to read
as follows:
``(h) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
section $40,000,000 for each of fiscal years 2019 through
2023.''.
(2) Long island sound stewardship grants.--Section 11(a) of
the Long Island Sound Stewardship Act of 2006 (33 U.S.C. 1269
note; Public Law 109-359) is amended by striking ``2007
through 2011'' and inserting ``2019 through 2023''.
SEC. 4105. AUTHORIZATION OF APPROPRIATIONS FOR COLUMBIA RIVER
BASIN RESTORATION.
Section 123(d) of the Federal Water Pollution Control Act
(33 U.S.C. 1275(d)) is amended by adding at the end the
following:
``(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $30,000,000
for each of fiscal years 2020 and 2021.''.
SEC. 4106. SEWER OVERFLOW CONTROL GRANTS.
Section 221 of the Federal Water Pollution Control Act (33
U.S.C. 1301) is amended--
(1) by amending the section heading to read as follows:
``sewer overflow and stormwater reuse municipal grants'';
(2) by amending subsection (a) to read as follows:
``(a) In General.--
``(1) Grants to states.--The Administrator may make grants
to States for the purpose of providing grants to a
municipality or municipal entity for planning, design, and
construction of--
``(A) treatment works to intercept, transport, control,
treat, or reuse municipal combined sewer overflows, sanitary
sewer overflows, or stormwater; and
``(B) any other measures to manage, reduce, treat, or
recapture stormwater or subsurface drainage water eligible
for assistance under section 603(c).
``(2) Direct municipal grants.--Subject to subsection (g),
the Administrator may make a direct grant to a municipality
or municipal entity for the purposes described in paragraph
(1).'';
(3) by amending subsection (e) to read as follows:
``(e) Administrative Requirements.--A project that receives
assistance under this section shall be carried out subject to
the same requirements as a project that receives assistance
from a State water pollution control revolving fund under
title VI, except to the extent that the Governor of the State
in which the project is located determines that a requirement
of title VI is inconsistent with the purposes of this
section. For the purposes of this subsection, a Governor may
not determine that the requirements of title VI relating to
the application of section 513 are inconsistent with the
purposes of this section.'';
(4) by amending subsection (f) to read as follows:
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $225,000,000 for each of fiscal
years 2019 through 2020.
``(2) Minimum allocations.--To the extent there are
sufficient eligible project applications, the Administrator
shall ensure that a State uses not less than 20 percent of
the amount of the grants made to the State under subsection
(a) in a fiscal year to carry out projects to intercept,
transport, control, treat, or reuse municipal combined sewer
overflows, sanitary sewer overflows, or stormwater through
the use of green infrastructure, water and energy efficiency
improvements, and other environmentally innovative
activities.''; and
(5) by amending subsection (g) to read as follows:
``(g) Allocation of Funds.--
``(1) Fiscal year 2019.--Subject to subsection (h), the
Administrator shall use the amounts appropriated to carry out
this section for fiscal year 2019 for making grants to
municipalities and municipal entities under subsection (a)(2)
in accordance with the criteria set forth in subsection (b).
``(2) Fiscal year 2020 and thereafter.--Subject to
subsection (h), the Administrator shall use the amounts
appropriated to carry out this section for fiscal year 2020
and each fiscal year thereafter for making grants to States
under subsection (a)(1) in accordance with a formula to be
established by the Administrator, after providing notice and
an opportunity for public comment, that allocates to each
State a proportional share of such amounts based on the total
needs of the
[[Page H8217]]
State for municipal combined sewer overflow controls,
sanitary sewer overflow controls, and stormwater identified
in the most recent detailed estimate and comprehensive study
submitted pursuant to section 516 and any other information
the Administrator considers appropriate.''.
SEC. 4107. ASSISTANCE FOR INDIVIDUAL HOUSEHOLD DECENTRALIZED
WASTEWATER SYSTEMS OF INDIVIDUALS WITH LOW OR
MODERATE INCOME.
(a) Projects and Activities Eligible for Assistance.--
Section 603 of the Federal Water Pollution Control Act (33
U.S.C. 1383) is amended--
(1) in subsection (c)--
(A) by striking ``and'' at the end of paragraph (10);
(B) by striking ``Act.'' at the end of paragraph (11) and
inserting ``Act; and''; and
(C) by inserting after paragraph (11) the following:
``(12) to any qualified nonprofit entity, as determined by
the Administrator, to provide assistance to an eligible
individual (as defined in subsection (j))--
``(A) for the repair or replacement of existing individual
household decentralized wastewater treatment systems; or
``(B) in a case in which an eligible individual resides in
a household that could be cost-effectively connected to an
available publicly owned treatment works, for the connection
of the applicable household to such treatment works.''; and
(2) by adding at the end the following:
``(j) Definition of Eligible Individual.--In subsection
(c)(12), the term `eligible individual' means a member of a
household, the members of which have a combined income (for
the most recent 12-month period for which information is
available) equal to not more than 50 percent of the median
nonmetropolitan household income for the State in which the
household is located, according to the most recent decennial
census.''.
(b) Report.--Not later than 2 years after the date of
enactment of this section, the Administrator of the
Environmental Protection Agency shall submit to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives a report describing--
(1) the prevalence throughout the United States of low- and
moderate-income households without access to a treatment
works; and
(2) the use by States of assistance under section
603(c)(12) of the Federal Water Pollution Control Act.
Subtitle B--WIFIA Reauthorization and Innovative Financing for State
Loan Funds
SEC. 4201. WIFIA REAUTHORIZATION AND INNOVATIVE FINANCING FOR
STATE LOAN FUNDS.
(a) WIFIA Reauthorization.--
(1) Authority to provide assistance.--Section 5023 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C.
3902) is amended--
(A) by striking ``pilot'' each place it appears; and
(B) in subsection (b)(1), by inserting ``provide financial
assistance to'' before ``carry out''.
(2) Determination of eligibility and project selection.--
Section 5028(a)(1)(E) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 3907(a)(1)(E)) is amended
to read as follows:
``(E) Special rule for certain combined projects.--The
Administrator shall develop a credit evaluation process for a
Federal credit instrument provided to--
``(i) a State infrastructure financing authority for a
project under section 5026(9), which may include requiring
the provision of a final rating opinion letter from at least
1 rating agency; or
``(ii) an entity for a project under section 5026(10),
which may include requiring the provision of a final rating
opinion letter from at least 2 rating agencies.''.
(3) Repayments.--Section 5029(c)(2)(B) of the Water
Resources Reform and Development Act of 2014 (33 U.S.C.
3908(c)(2)(B)) is amended--
(A) by striking ``Scheduled'' and inserting the following:
``(i) Timing of scheduled loan repayments.--Scheduled'';
and
(B) by adding at the end:
``(ii) Repayments.--None of the funds for repayment of a
secured loan under this title from a State infrastructure
financing authority may come from funds provided to a State
revolving loan fund under title VI of the Federal Water
Pollution Control Act (33 U.S.C. 1381 et seq.) or section
1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12).''.
(4) Authorization of appropriations.--Section 5033 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C.
3912) is amended--
(A) in subsection (a)--
(i) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively, and indenting
appropriately;
(ii) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``There is'' and inserting the
following:
``(1) Fiscal years 2015 through 2019.--There are''; and
(iii) by adding at the end the following:
``(2) Fiscal years 2020 and 2021.--There is authorized to
be appropriated to the Administrator to carry out this
subtitle $50,000,000 for each of fiscal years 2020 and 2021,
to remain available until expended.''; and
(B) in subsection (b)--
(i) by striking ``Of the funds'' and inserting the
following:
``(1) Fiscal years 2015 through 2019.--Of the funds''; and
(ii) by adding at the end the following:
``(2) Fiscal years 2020 and 2021.--Of the funds made
available to carry out this subtitle, the Administrator may
use for the administration of this subtitle, including for
the provision of technical assistance to aid project sponsors
in obtaining the necessary approvals for the project, not
more than $5,000,000 for each of fiscal years 2020 and
2021.''.
(b) Innovative Financing for State Loan Funds.--
(1) Maximum federal involvement.--Section 5029(b)(9) of the
Water Resources Reform and Development Act of 2014 (33 U.S.C.
3908(b)(9)) is amended by adding at the end the following:
``(C) Exception for projects funded by a state
infrastructure financing authority.--Notwithstanding
subparagraph (A), a State infrastructure financing authority
may finance up to 100 percent of the costs of a project using
the proceeds of financial assistance authorized under section
5033(e), provided that, in the event of a default with
respect to any such assistance, the State infrastructure
financing authority is solely responsible for immediate
repayment of such costs.''.
(2) Program administration.--Section 5030 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 3909)
is amended--
(A) in subsection (b), by inserting after paragraph (1) the
following:
``(2) Prohibition on pass through fees.--The Administrator,
in the case where a State infrastructure financing authority
obtains financial assistance under section 5033(e), shall
require as a condition of obtaining such assistance, that the
State infrastructure financing authority is prohibited from
passing any portion of the fees required under section
5029(b)(7) to any party that utilizes any portion of such
assistance for a project funded by such authority.''; and
(B) by redesignating subsection (e) as subsection (h) and
inserting after subsection (d) the following:
``(e) Special Rule for State Reviews of Projects for State
Infrastructure Financing Authorities.--
``(1) In general.--A project described in section 5026(9)
for which funding is provided under this title shall comply
with any applicable State environmental or engineering review
requirements pursuant to, as applicable--
``(A) title VI of the Federal Water Pollution Control Act
(33 U.S.C. 1381 et seq.); and
``(B) section 1452 of the Safe Drinking Water Act (42
U.S.C. 300j-12).
``(2) No new reviews required.--Nothing in this title
requires any additional or new environmental or engineering
review for a project described in section 5026(9) for which
funding is provided, other than any requirement otherwise
applicable to the project.
``(f) Special Rule for Expedited Review of Applications
From State Infrastructure Financing Authorities.--Not later
than 180 days after the date on which the Administrator
receives a complete application from a State infrastructure
financing authority for a project under section 5026(9), the
Administrator shall, through a written notice to the State
infrastructure financing authority--
``(1) approve the application; or
``(2) provide detailed guidance and an explanation of any
changes to the application necessary for approval of the
application.''.
(3) Authorization of appropriations.--Section 5033 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C.
3912) is further amended by adding at the end the following:
``(e) Assistance for State Infrastructure Financing
Authorities.--
``(1) In general.--With respect to fiscal years 2020 and
2021, if the Administrator has available for obligation in a
fiscal year at least $50,000,000, there is authorized to be
appropriated to the Administrator $5,000,000 for that fiscal
year to provide financial assistance for projects described
in section 5026(9) to State infrastructure financing
authorities.
``(2) No impact on other federal funding.--No funds shall
be made available in a fiscal year to the Administrator for
purposes of this subsection if--
``(A) the total amount appropriated for the fiscal year for
State loan funds under section 1452 of the Safe Drinking
Water Act is less than either the amount made available for
such purpose in fiscal year 2018, or 105 percent of the
previous fiscal year's appropriation for such purpose,
whichever is greater; and
``(B) the total amount appropriated for the fiscal year for
water pollution control revolving funds under title VI of the
Federal Water Pollution Control Act is less than either the
amount made available for such purpose for fiscal year 2018,
or 105 percent of the previous fiscal year's appropriation
for such purpose, whichever is greater.
``(3) Inclusion in agreement.--If the Administrator
provides financial assistance to a State infrastructure
financing authority under section 5029 using funds made
available pursuant to this subsection, the Administrator
shall specify in the agreement under such section the amount
of such assistance that is attributable to such funds.''.
(c) Administration of WIFIA Program.--Section 5030 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C.
3909),
[[Page H8218]]
as amended by subsection (b), is further amended by inserting
after subsection (f) the following:
``(g) Agreements.--
``(1) In general.--Subject to paragraphs (3) and (4), the
Administrator may enter into an agreement with another
relevant Federal agency to provide assistance in
administering and servicing Federal credit instruments that
such agency is authorized to make available.
``(2) Duties.--The Administrator may act as an agent for
the head of another Federal agency under paragraph (1),
subject to the terms of any agreement entered into by the
Administrator and the head of such other agency under such
clause.
``(3) Transfer of funds.--The authority of the
Administrator to provide assistance under paragraph (1) is
subject to--
``(A) the availability of funds appropriated to the other
Federal agency that may be transferred to the Administrator
to carry out an agreement entered into under paragraph (1);
and
``(B) the transfer of such funds to the Administrator to
carry out such an agreement.
``(4) Limitation.--Nothing in this subsection affects the
authority of the Administrator with respect to the selection
of projects described in paragraphs (1), (8), or (10) of
section 5026 to receive financial assistance under this
subtitle.''.
(d) Reports on Pilot Program Implementation.--Section 5034
of the Water Resources Reform and Development Act of 2014 (33
U.S.C. 3913) is amended--
(1) in the section heading, by striking ``pilot''; and
(2) in subsection (b)(1), by striking ``4 years after the
date of enactment of this Act'' and inserting ``3 years after
the date of enactment of the Water Resources Development Act
of 2018''.
Subtitle C--Miscellaneous
SEC. 4301. AGREEMENT WITH COMMISSIONER OF RECLAMATION.
Not later than 1 year after the date of enactment of this
Act, the Administrator of the Environmental Protection Agency
and the Commissioner of Reclamation shall enter into an
agreement under section 5030(g) of the Water Infrastructure
Finance and Innovation Act (as added by this Act).
SEC. 4302. SNAKE RIVER BASIN FLOOD PREVENTION ACTION PLAN.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Commissioner of Reclamation, in
consultation with the Secretary of the Army, shall develop a
flood prevention action plan for each State or portion of a
State within the Snake River Basin.
(b) Requirements.--A flood prevention action plan developed
under subsection (a) shall--
(1) focus on the areas most likely to experience flooding
within the 2 years following the date of enactment of this
Act;
(2) include steps to manage and reduce flood risks within
the Snake River Basin; and
(3) include a description of the actions the Secretary and
the Commissioner of Reclamation plan to take to improve
coordination with local stakeholders to help manage and
reduce flood risks in the areas described in paragraph (1).
(c) Submission.--Not later than 180 days after the date of
enactment of this Act, after coordinating with local
stakeholders, the Commissioner of Reclamation shall submit to
the Committee on Environment and Public Works and the
Committee on Energy and Natural Resources of the Senate, and
the Committee on Transportation and Infrastructure and the
Committee on Natural Resources of the House of
Representatives, the flood prevention plans developed under
subsection (a).
SEC. 4303. GAO AUDIT OF CONTRACTS AND TAINTER GATE REPAIRS OF
HARLAN COUNTY DAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(1) conduct an audit of the extraordinary maintenance
repayment contracts No. 16XX630077 and No. 16XX630076 between
the United States and the Bostwick Division for repairs to
the Tainter gates and other features at Harlan County Dam,
including--
(A) an examination of whether--
(i) the Corps of Engineers should have designated the
Tainter gate rehabilitation as a ``Dam Safety Modification'',
subject to the cost-sharing requirements under section 1203
of the Water Resources Development Act of 1986 (33 U.S.C.
467n), instead of an ``extraordinary maintenance project'';
and
(ii) a more appropriate cost share should have applied to
the Bostwick Division;
(B) a review of--
(i) the amounts owed by the Bostwick Division to the Bureau
of Reclamation; and
(ii) any reimbursements owed by the Corps of Engineers to
the Bureau of Reclamation based on the actual costs of the
project after completion; and
(C) a review of project designations and cost-share
policies of the Bureau of Reclamation and other Federal
agencies for similar spillway gate repairs; and
(2) submit to Congress a report on the results of the audit
under paragraph (1).
(b) Treatment of Payments.--Payments made after the date of
enactment of this Act by the Bostwick Division to the Bureau
of Reclamation under the contracts described in subsection
(a)(1) shall be--
(1) deposited into a no-year account; and
(2) disbursed to the Bureau of Reclamation upon submission
of the report under subsection (a)(2).
SEC. 4304. WATER INFRASTRUCTURE AND WORKFORCE INVESTMENT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) water and wastewater utilities provide a unique
opportunity for access to stable, high-quality careers;
(2) as water and wastewater utilities make critical
investments in infrastructure, water and wastewater utilities
can invest in the development of local workers and local
small businesses to strengthen communities and ensure a
strong pipeline of skilled and diverse workers for today and
tomorrow; and
(3) to further the goal of ensuring a strong pipeline of
skilled and diverse workers in the water and wastewater
utilities sector, Congress urges--
(A) increased collaboration among Federal, State, and local
governments; and
(B) institutions of higher education, apprentice programs,
high schools, and other community-based organizations to
align workforce training programs and community resources
with water and wastewater utilities to accelerate career
pipelines and provide access to workforce opportunities.
(b) Innovative Water Infrastructure Workforce Development
Program.--
(1) Grants authorized.--The Administrator of the
Environmental Protection Agency (referred to in this section
as the ``Administrator''), in consultation with the Secretary
of Agriculture, shall establish a competitive grant program--
(A) to assist the development and utilization of innovative
activities relating to workforce development and career
opportunities in the water utility sector; and
(B) to expand public awareness about water utilities and
connect individuals to careers in the water utility sector.
(2) Selection of grant recipients.--In awarding grants
under paragraph (1), the Administrator shall, to the extent
practicable, select nonprofit professional or service
organizations, labor organizations, community colleges,
institutions of higher education, or other training and
educational institutions--
(A) that have qualifications and experience--
(i) in the development of training programs and curricula
relevant to workforce needs of water utilities;
(ii) working in cooperation with water utilities; or
(iii) developing public education materials appropriate for
communicating with groups of different ages and educational
backgrounds; and
(B) that will address the human resources and workforce
needs of water utilities that--
(i) are geographically diverse;
(ii) are of varying sizes; and
(iii) serve urban, suburban, and rural populations.
(3) Use of funds.--Grants awarded under paragraph (1) may
be used for activities such as--
(A) targeted internship, apprenticeship, pre-
apprenticeship, and post-secondary bridge programs for
skilled water utility trades that provide--
(i) on-the-job training;
(ii) skills development;
(iii) test preparation for skilled trade apprenticeships;
(iv) advance training in the water utility sector relating
to construction, utility operations, treatment and
distribution, green infrastructure, customer service,
maintenance, and engineering; or
(v) other support services to facilitate post-secondary
success;
(B) education programs designed for elementary, secondary,
and higher education students that--
(i) inform people about the role of water and wastewater
utilities in their communities;
(ii) increase the awareness of career opportunities and
exposure of students to water utility careers through various
work-based learning opportunities inside and outside the
classroom; and
(iii) connect students to career pathways related to water
utilities;
(C) regional industry and workforce development
collaborations to address water utility employment needs and
coordinate candidate development, particularly in areas of
high unemployment or for water utilities with a high
proportion of retirement eligible employees;
(D) integrated learning laboratories in secondary
educational institutions that provide students with--
(i) hands-on, contextualized learning opportunities;
(ii) dual enrollment credit for post-secondary education
and training programs; and
(iii) direct connection to industry employers; and
(E) leadership development, occupational training,
mentoring, or cross-training programs that ensure that
incumbent water and waste water utilities workers are
prepared for higher level supervisory or management-level
positions.
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $1,000,000
for each of fiscal years 2019 and 2020.
[[Page H8219]]
SEC. 4305. REGIONAL LIAISONS FOR MINORITY, TRIBAL, AND LOW-
INCOME COMMUNITIES.
(a) In General.--The Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator'') shall assign at least 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 assigned under subsection (a)
on the internet website of--
(1) the relevant regional office of the Environmental
Protection Agency; and
(2) the Office of Environmental Justice of the
Environmental Protection Agency.
SEC. 4306. WATERSENSE.
(a) WaterSense.--The Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.) is amended by adding after section 324A
the following:
``SEC. 324B. WATERSENSE PROGRAM.
``(a) Establishment of WaterSense Program.--
``(1) In general.--There is established within the
Environmental Protection Agency a voluntary program, to be
known as the WaterSense program, to identify and promote
water-efficient products, buildings, landscapes, facilities,
processes, and services in order to, through voluntary
labeling of, or other forms of communications regarding, such
products, buildings, landscapes, facilities, processes, and
services while meeting strict performance criteria,
sensibly--
``(A) reduce water use;
``(B) reduce the strain on public water systems, community
water systems, and wastewater and stormwater infrastructure;
``(C) conserve energy used to pump, heat, transport, and
treat water; and
``(D) preserve water resources for future generations.
``(2) Inclusions.--Categories of products, buildings,
landscapes, facilities, processes, and services that may be
included under the program include--
``(A) irrigation technologies and services;
``(B) point-of-use water treatment devices;
``(C) plumbing products;
``(D) water reuse and recycling technologies;
``(E) landscaping and gardening products, including
moisture control or water enhancing technologies;
``(F) xeriscaping and other landscape conversions that
reduce water use;
``(G) whole house humidifiers; and
``(H) water-efficient buildings or facilities.
``(b) Duties.--The Administrator of the Environmental
Protection Agency, in coordination with the Secretary of
Energy as appropriate, shall--
``(1) establish--
``(A) a WaterSense label to be used for products,
buildings, landscapes, facilities, processes, and services
meeting the certification criteria established pursuant to
this section; and
``(B) the procedure, including the methods and means, and
criteria by which products, buildings, landscapes,
facilities, processes, and services may be certified to
display the WaterSense label;
``(2) enhance public awareness regarding the WaterSense
label through outreach and public education;
``(3) preserve the integrity of the WaterSense label by--
``(A) establishing and maintaining feasible performance
criteria so that products, buildings, landscapes, facilities,
processes, and services certified to display the WaterSense
label perform as well or better than less water-efficient
counterparts;
``(B) overseeing WaterSense certifications made by third
parties, which shall be independent third-party product
certification bodies accredited by an accreditation entity
domiciled in the United States;
``(C) using testing protocols, from the appropriate,
applicable, and relevant consensus standards, for the purpose
of determining compliance with performance criteria; and
``(D) auditing the use of the WaterSense label in the
marketplace and preventing cases of misuse;
``(4) not more frequently than every 6 years after adoption
or major revision of any WaterSense performance criteria,
review and, if appropriate, revise the performance criteria
to achieve additional water savings;
``(5) in revising any WaterSense criteria--
``(A) provide reasonable notice to interested parties and
the public of any changes, including effective dates, and an
explanation of the changes;
``(B) solicit comments from interested parties and the
public prior to any changes;
``(C) as appropriate, respond to comments submitted by
interested parties and the public; and
``(D) provide an appropriate transition time prior to the
applicable effective date of any changes, taking into account
the timing necessary for the manufacture, marketing,
training, and distribution of the specific product, building,
landscape, process, or service category being addressed; and
``(6) not later than December 31, 2019, consider for review
and revise, if necessary, any WaterSense performance criteria
adopted before January 1, 2012.
``(c) Transparency.--The Administrator of the Environmental
Protection Agency shall, to the extent practicable and not
less than annually, estimate and make available to the public
the relative water and energy savings attributable to the use
of WaterSense-labeled products, buildings, landscapes,
facilities, processes, and services.
``(d) Distinction of Authorities.--In setting or
maintaining specifications and criteria for Energy Star
pursuant to section 324A, and WaterSense under this section,
the Secretary of Energy and the Administrator of the
Environmental Protection Agency shall coordinate to prevent
duplicative or conflicting requirements among the respective
programs.
``(e) No Warranty.--A WaterSense label shall not create any
express or implied warranty.
``(f) Methods for Establishing Performance Criteria.--In
establishing performance criteria for products, buildings,
landscapes, facilities, processes, or services pursuant to
this section, the Administrator of the Environmental
Protection Agency shall use technical specifications and
testing protocols established by voluntary consensus
standards organizations relevant to specific products,
buildings, landscapes, facilities, processes, or services, as
appropriate.
``(g) Definition of Feasible.--The term `feasible' means
feasible with the use of the best technology, techniques, and
other means that the Administrator of the Environmental
Protection Agency finds, after examination for efficacy under
field conditions and not solely under laboratory conditions,
are available (taking cost into consideration).''.
(b) Table of Contents.--The table of contents for the
Energy Policy and Conservation Act is amended by adding after
the item relating to section 324A the following:
``Sec. 324B. WaterSense program.''.
SEC. 4307. PREDATORY AND OTHER WILD ANIMALS.
Section 1 of the Act of March 2, 1931 (46 Stat. 1468,
chapter 370; 7 U.S.C. 8351) is amended--
(1) in the second sentence, by striking ``The Secretary''
and inserting the following:
``(b) Administration.--The Secretary'';
(2) in the first sentence, by striking ``The Secretary''
and inserting the following:
``(a) In General.--The Secretary''; and
(3) by adding at the end the following:
``(c) Action by FWS.--The Director of the United States
Fish and Wildlife Service shall use the most expeditious
procedure practicable to process and administer permits for
take of--
``(1) a depredating eagle under the Act of June 8, 1940
(commonly known as the `Bald Eagle Protection Act') (54 Stat.
250, chapter 278; 16 U.S.C. 668 et seq.), or sections 22.11
through 22.32of title 50, Code of Federal Regulations (or
successor regulations) (including depredation of livestock,
wildlife, and species protected under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) or any other Federal
management program); or
``(2) a migratory bird included on the list under section
10.13 of title 50, Code of Federal Regulations (or successor
regulations) that is posing a conflict.''.
SEC. 4308. KLAMATH PROJECT WATER AND POWER.
(a) Addressing Water Management and Power Costs for
Irrigation.--The Klamath Basin Water Supply Enhancement Act
of 2000 (Public Law 106-498; 114 Stat. 2221) is amended--
(1) by redesignating sections 4 through 6 as sections 5
through 7, respectively; and
(2) by inserting after section 3 the following:
``SEC. 4. POWER AND WATER MANAGEMENT.
``(a) Definitions.--In this section:
``(1) Covered power use.--The term `covered power use'
means a use of power to develop or manage water from any
source for irrigation, wildlife purposes, or drainage on land
that is--
``(A) associated with the Klamath Project, including land
within a unit of the National Wildlife Refuge System that
receives water due to the operation of Klamath Project
facilities; or
``(B) irrigated by the class of users covered by the
agreement dated April 30, 1956, between the California Oregon
Power Company and Klamath Basin Water Users Protective
Association and within the Off Project Area (as defined in
the Upper Basin Comprehensive Agreement entered into on April
18, 2014), only if each applicable owner and holder of a
possessory interest of the land is a party to that agreement
(or a successor agreement that the Secretary determines
provides a comparable benefit to the United States).
``(2) Klamath project.--
``(A) In general.--The term `Klamath Project' means the
Bureau of Reclamation project in the States of California and
Oregon.
``(B) Inclusions.--The term `Klamath Project' includes any
dam, canal, or other works or interests for water diversion,
storage, delivery, and drainage, flood control, or any
similar function that is part of the project described in
subparagraph (A).
``(3) Power cost benchmark.--The term `power cost
benchmark' means the average net delivered cost of power for
irrigation and drainage at Reclamation projects in the area
surrounding the Klamath Project that are similarly situated
to the Klamath Project, including Reclamation projects that--
``(A) are located in the Pacific Northwest; and
``(B) receive project-use power.
``(b) Water Activities and Drought Response.--
``(1) In general.--Pursuant to the reclamation laws and
subject to appropriations and
[[Page H8220]]
required environmental reviews, the Secretary may carry out
activities, including entering into a contract or making
financial assistance available through cooperative agreements
or other methods--
``(A) to plan, implement, and administer programs to align
water supplies and demand for irrigation water users
associated with the Klamath Project, with a primary emphasis
on programs developed or endorsed by local entities comprised
of representatives of those water users;
``(B) Expenditures under this paragraph shall not exceed
$10 million on an average annual basis.
``(2) 2018 drought response.--All disbursements made or to
be made based on actions approved by the Secretary under
Contract Numbers 18-WC-20-5322 and 18-WC-20-5323 are
authorized.
``(3) Requirements.--The Secretary shall ensure that the
activities under this subsection--
``(A) do not foster groundwater use that results in
groundwater level declines that, based on existing data from
the United States Geological Survey, are more than
appropriate in a critically dry year, taking into
consideration the long-term sustainability of aquifers;
``(B) do not adversely affect compliance with applicable
laws protecting fishery resources in Upper Klamath Lake and
the Klamath River.
``(4) Conveyance of non-project water.--
``(A) In general.--Subject to subparagraphs (B) and (C),
any entity operating under a contract entered into with the
United States for the operation and maintenance of any
Klamath Project works or facility, and any entity operating
any works or facility not owned by the United States that
receives Klamath Project water, may use, without any
additional Federal contract, permit, or other authorization,
any Klamath Project works or facility to convey non-Klamath
Project water for any authorized purpose of the Klamath
Project.
``(B) Permits; measurement.--A use of water pursuant to
subparagraph (A) (including an addition or conveyance of
water) shall be subject to the requirements that--
``(i) the applicable entity shall secure all permits
required under State or local law; and
``(ii) as applicable--
``(I) all water delivered into and taken out of a Klamath
Project works or facility pursuant to that subparagraph shall
be measured; and
``(II) any irrigation district conveying water shall ensure
that only the land authorized to receive water under
applicable State law shall receive, and put to beneficial
use, the water, in accordance with the applicable State law
and any associated terms and conditions.
``(C) Limitation.--A use of non-Klamath Project water under
this paragraph shall not--
``(i) adversely affect the delivery of water to any water
user or land served by the Klamath Project; or
``(ii) result in any additional cost to the United States.
``(4) Effect of subsection.--Nothing in this subsection
authorizes the Secretary--
``(A) to develop or construct new facilities for the
Klamath Project without appropriate approval from Congress
under section 9 of the Reclamation Projects Act of 1939 (43
U.S.C. 485h); or
``(B) to carry out activities that have not otherwise been
authorized.
``(c) Reducing Power Costs.--
``(1) In general.--Not later than 180 days after the date
of enactment of America's Water Infrastructure Act of 2018,
the Secretary, in consultation with interested irrigation
interests that are eligible for covered power use and
organizations representative of those interests, shall submit
to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives a report that--
``(A) identifies the power cost benchmark; and
``(B) recommends actions (other than direct payments to
persons making covered power uses or to other entities for
the purposes of subsidizing power rates) that, in the
judgment of the Secretary, are necessary and appropriate to
ensure that the net delivered power cost for covered power
use is equal to or less than the power cost benchmark,
including a description of--
``(i) actions--
``(I) to immediately reduce power costs; and
``(II) to ensure that the net delivered power cost for
covered power use is equal to, or less than, the power cost
benchmark in the near term, while longer-term actions are
being implemented;
``(ii) actions that prioritize--
``(I) water and power conservation and efficiency measures
that could assist in achieving the power cost benchmark;
``(II) to the extent actions involving the development or
acquisition of power generation are included, renewable
energy technologies (including hydropower); and
``(III) regional economic development;
``(iii) the potential costs and timeline for the actions
recommended under this subparagraph;
``(iv) provisions for modifying the actions and timeline to
adapt to new information or circumstances; and
``(v) a description of public input regarding the proposed
actions, including--
``(I) input from water users that have covered power use;
and
``(II) the degree to which those water users concur with
the recommendations.''.
(b) Effect.--None of the amendments made by this section--
(1) modify any authority or obligation of the United States
with respect to any tribal trust or treaty obligation of the
United States;
(2) create or determine any water right or affects any
water right or water right claim in existence on the date of
enactment of this Act; or
(3) authorize the use of Federal funds for the physical
deconstruction of the Iron Gate, Copco 1, Copco 2, or John C.
Boyle Dam located on the Klamath River in the States of
California and Oregon.
SEC. 4309. CERTAIN BUREAU OF RECLAMATION DIKES.
(a) In General.--Notwithstanding any other provision of law
(including regulations), effective beginning on the date of
enactment of this section, the Federal share of the
operations and maintenance costs of a dike described in
subsection (b) shall be 100 percent.
(b) Description of Dikes.--A dike referred to in subsection
(a) is a dike--
(1) that is owned by the Bureau of Reclamation on the date
of enactment of this section;
(2) the construction of which was completed not later than
December 31, 1945;
(3) a corrective action study for which was completed not
later than December 31, 2015; and
(4) the construction of which was authorized by the Act of
June 28, 1938 (52 Stat. 1215, chapter 795).
SEC. 4310. AUTHORITY TO MAKE ENTIRE ACTIVE CAPACITY OF
FONTENELLE RESERVOIR AVAILABLE FOR USE.
(a) In General.--The Secretary of the Interior (referred to
in this section as the ``Secretary''), in cooperation with
the State of Wyoming, may amend the Definite Plan Report for
the Seedskadee Project authorized under the first section of
the Act of April 11, 1956 (commonly known as the ``Colorado
River Storage Project Act'') (43 U.S.C. 620), to provide for
the study, design, planning, and construction activities that
will enable the use of all active storage capacity (as may be
defined or limited by legal, hydrologic, structural,
engineering, economic, and environmental considerations) of
Fontenelle Dam and Reservoir, including the placement of
sufficient riprap on the upstream face of Fontenelle Dam to
allow the active storage capacity of Fontenelle Reservoir to
be used for those purposes for which the Seedskadee Project
was authorized.
(b) Cooperative Agreements.--
(1) In general.--The Secretary may enter into any contract,
grant, cooperative agreement, or other agreement that is
necessary to carry out subsection (a).
(2) State of wyoming.--
(A) In general.--The Secretary shall enter into a
cooperative agreement with the State of Wyoming to work in
cooperation and collaboratively with the State of Wyoming for
planning, design, related preconstruction activities, and
construction of any modification of the Fontenelle Dam under
subsection (a).
(B) Requirements.--The cooperative agreement under
subparagraph (A) shall, at a minimum, specify the
responsibilities of the Secretary and the State of Wyoming
with respect to--
(i) completing the planning and final design of the
modification of the Fontenelle Dam under subsection (a);
(ii) any environmental and cultural resource compliance
activities required for the modification of the Fontenelle
Dam under subsection (a) including compliance with--
(I) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(II) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
(III) subdivision 2 of division A of subtitle III of title
54, United States Code; and
(iii) the construction of the modification of the
Fontenelle Dam under subsection (a).
(c) Funding by State of Wyoming.--Pursuant to the Act of
March 4, 1921 (41 Stat. 1404, chapter 161; 43 U.S.C. 395),
and as a condition of providing any additional storage under
subsection (a), the State of Wyoming shall provide to the
Secretary funds for any work carried out under subsection
(a).
(d) Other Contracting Authority.--
(1) In general.--The Secretary may enter into contracts
with the State of Wyoming, on such terms and conditions as
the Secretary and the State of Wyoming may agree, for
division of any additional active capacity made available
under subsection (a).
(2) Terms and conditions.--Unless otherwise agreed to by
the Secretary and the State of Wyoming, a contract entered
into under paragraph (1) shall be subject to the terms and
conditions of Bureau of Reclamation Contract No. 14-06-400-
2474 and Bureau of Reclamation Contract No. 14-06-400-6193.
(e) Savings Provisions.--Unless expressly provided in this
section, nothing in this section modifies, conflicts with,
preempts, or otherwise affects--
(1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
(2) the Colorado River Compact of 1922, as approved by the
Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
[[Page H8221]]
(3) the Boulder Canyon Project Adjustment Act (43 U.S.C.
618 et seq.);
(4) the Treaty between the United States of America and
Mexico relating to the utilization of waters of the Colorado
and Tijuana Rivers and of the Rio Grande, and supplementary
protocol signed November 14, 1944, signed at Washington
February 3, 1944 (59 Stat. 1219);
(5) the Upper Colorado River Basin Compact as consented to
by the Act of April 6, 1949 (63 Stat. 31);
(6) the Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43 U.S.C. 620 et
seq.);
(7) the Colorado River Basin Project Act (Public Law 90-
537; 82 Stat. 885); or
(8) any State of Wyoming or other State water law.
SEC. 4311. BLACKFEET WATER RIGHTS SETTLEMENT.
(a) Blackfeet Settlement Trust Fund.--Section 3716(e) of
the Water Infrastructure Improvements for the Nation Act (130
Stat. 1835) is amended--
(1) in paragraph (2), by striking ``appropriations,'' and
all that follows through the period at the end and inserting
the following: ``appropriations, the following amounts shall
be made available to the Tribe for implementation of this
subtitle:
``(A) 50 percent of the amounts in the Administration and
Energy Account.
``(B) 50 percent of the amounts in the OM&R Account.
``(C) 50 percent of the amounts in the St. Mary Account.
``(D) 50 percent of the amounts in the Blackfeet Water,
Storage, and Development Projects Account.''; and
(2) by adding at the end the following:
``(3) Availability.--
``(A) In general.--Except as provided in subparagraph (B),
none of the funds deposited in the Trust Fund in fiscal year
2018 shall be available for expenditure in accordance with
this subsection until the enforceability date.
``(B) Exception.--Notwithstanding subparagraph (A), of the
funds in the Administration and Energy Account, $4,800,000
shall be available to the Tribe for the implementation of
this subtitle.''.
(b) Blackfeet Water Settlement Implementation Fund.--
Section 3717(e) of the Water Infrastructure Improvements for
the Nation Act (130 Stat. 1837) is amended--
(1) by striking ``Amounts in'' and inserting the following:
``(1) In general.--Amounts in''; and
(2) by adding at the end the following:
``(2) Funding for implementation activities.--
Notwithstanding paragraph (1), the following amounts shall be
available to the Secretary for the implementation of this
subtitle:
``(A) 50 percent of the amounts in the MR&I System,
Irrigation, and Water Storage Account to carry out section
3711.
``(B) 50 percent of the amounts in the MR&I System,
Irrigation, and Water Storage Account to carry out section
3712.
``(C) 50 percent of the amounts in the Blackfeet Irrigation
Project Deferred Maintenance and Four Horns Dam Safety
Improvements Account to carry out section 3710(c).
``(D) The amounts in the Blackfeet Irrigation Project
Deferred Maintenance and Four Horns Dam Safety Improvements
Account to carry out section 3710(d).
``(E) From the St. Mary/Water Milk Management and
Activities Account:
``(i) 50 percent of the amount described in section
3707(g)(1) to carry out section 3707(c).
``(ii) 50 percent of the amount described in section
3707(g)(2) to carry out section 3707(d).
``(iii) The amount described in section 3707(g)(3) to carry
out subsection (f).
``(iv) The amounts in the Account to carry out section
3705.
``(3) Availability.--None of the funds made available under
this section in fiscal year 2018 shall be available until the
enforceability date.''.
(c) Technical Corrections.--Section 3720 of the Water
Infrastructure Improvements for the Nation Act (130 Stat.
1839) is amended--
(1) in subsection (a)(3)(B), by striking ``section 3706''
and inserting ``section 6''; and
(2) in subsection (h), in the matter preceding paragraph
(1), by striking ``January 21, 2026'' and inserting ``January
21, 2025''.
SEC. 4312. INDIAN IRRIGATION FUND REAUTHORIZATION.
(a) Deposits to Funds.--Section 3212(a) of the Water
Infrastructure Improvements for the Nation Act (130 Stat.
1750) is amended by striking ``each of fiscal years 2017
through 2021'' and inserting ``each of fiscal years 2017
through 2028''.
(b) Expenditures From Fund.--Section 3213(a) of the Water
Infrastructure Improvements for the Nation Act (130 Stat.
1750) is amended in the matter preceding paragraph (1) by
striking ``each of fiscal years 2017 through 2021'' and
inserting ``each of fiscal years 2017 through 2028''.
(c) Termination.--Section 3216 of the Water Infrastructure
Improvements for the Nation Act (130 Stat. 1750) is amended
in the matter preceding paragraph (1) by striking ``September
30, 2021'' and inserting ``September 30, 2028''.
SEC. 4313. REAUTHORIZATION OF REPAIR, REPLACEMENT, AND
MAINTENANCE OF CERTAIN INDIAN IRRIGATION
PROJECTS.
(a) In General.--Section 3221(b) of the Water
Infrastructure Improvements for the Nation Act (130 Stat.
1751) is amended in the matter preceding paragraph (1) by
striking ``each of fiscal years 2017 through 2021'' and
inserting ``each of fiscal years 2017 through 2028''.
(b) Status Report on Certain Projects.--Section 3224(d) of
the Water Infrastructure Improvements for the Nation Act (130
Stat. 1753) is amended in the matter preceding paragraph (1)
by striking ``fiscal year 2021'' and inserting ``fiscal year
2028''.
(c) Allocation Among Projects.--Section 3226 of the Water
Infrastructure Improvements for the Nation Act (130 Stat.
1753) is amended--
(1) in subsection (a), by striking ``each of fiscal years
2017 through 2021'' and inserting ``each of fiscal years 2017
through 2028''; and
(2) in subsection (b), by striking ``the day before the
date of enactment of this Act'' and inserting ``the day
before the date of enactment of America's Water
Infrastructure Act of 2018''.
SEC. 4314. INDIAN DAM SAFETY REAUTHORIZATION.
Section 3101 of the Water Infrastructure Improvements for
the Nation Act (25 U.S.C. 3805) is amended--
(1) by striking ``each of fiscal years 2017 through 2023''
each place it appears and inserting ``each of fiscal years
2017 through 2030'';
(2) in subsection (b)--
(A) in paragraph (1)(F), in the matter preceding clause
(i), by striking ``September 30, 2023'' and inserting
``September 30, 2030''; and
(B) in paragraph (2)(F), in the matter preceding clause
(i), by striking ``September 30, 2023'' and inserting
``September 30, 2030''; and
(3) in subsection (f)--
(A) in paragraph (2), by striking ``4 years'' and inserting
``11 years''; and
(B) in paragraph (3), by striking ``each of fiscal years
2017, 2018, and 2019'' and inserting ``each of fiscal years
2017 through 2026''.
SEC. 4315. DIANA E. MURPHY UNITED STATES COURTHOUSE.
(a) Designation.--The United States courthouse located at
300 South Fourth Street in Minneapolis, Minnesota, shall be
known and designated as the ``Diana E. Murphy United States
Courthouse''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
United States courthouse referred to in subsection (a) shall
be deemed to be a reference to the ``Diana E. Murphy United
States Courthouse''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Shuster) and the gentleman from Oregon (Mr. DeFazio)
each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. SHUSTER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of S. 3021, the America's
Water Infrastructure Act of 2018.
This bill is good for our infrastructure, good for jobs, and good for
America. It is a bipartisan, bicameral comprehensive bill that delivers
on a promise to regularly address water resources and infrastructure
issues across the Nation.
Title I of this act is the Water Resources Development Act of 2018,
or WRDA. I want to remind my colleagues that we overwhelmingly passed
WRDA in June by a vote of 408-2.
WRDA invests in the ports, locks, and dams, inland waterways, flood
protection, and other infrastructure that makes America more
competitive and protects our communities. It also builds upon reforms
to the Army Corps of Engineers to help improve project delivery.
This bill is fiscally responsible and fully offset. It cuts red tape,
and it maintains congressional authority and oversight of Federal
investment.
I want to thank Ranking Member DeFazio for working together on the
WRDA title. However, today's bill includes more than just WRDA, and I
also want to thank the Energy and Commerce Committee, the Natural
Resources Committee, and our Senate counterparts for helping put this
package together.
I am proud to say today's legislation continues a 2-year cycle of
regular order for Congress considering these essential WRDA bills. This
has been one of my top priorities since I became chairman over 6 years
ago.
{time} 1315
We need to pass this bill, continue providing direction to the Corps,
and ensure all of these infrastructure improvements move forward.
This is simply good public policy, and it is good for our Nation.
Mr. Speaker, I strongly urge my colleagues to support this jobs and
infrastructure bill, and I reserve the balance of my time
[[Page H8222]]
Joint Explanatory Statement To Accompany S. 3021, America's Water
Infrastructure Act of 2018
The America's Water Infrastructure Act of 2018 will create
jobs, grow the economy, promote fiscal responsibility, and
protect lives, property, and the environment.
America's Water Infrastructure Act of 2018 supports our
nation's economic competitiveness by increasing water
storage, providing protection from dangerous floodwaters,
deepening nationally significant ports, and maintaining the
navigability of inland waterways across the country. The
legislation will also repair aging drinking water, wastewater
and irrigation systems. It also promotes hydropower
development and increases Federal Energy Regulatory
Commission (FERC) transparency.
Title I of this bill, the Water Resources Development Act
(WRDA) of 2018, promotes the Federal commitment to our
nation's competitiveness, prosperity, and economic growth by
maintaining a strong transportation infrastructure, ensuring
the efficient flow of domestic and international commerce,
and protecting the lives and livelihoods of the American
people in a sustainable and environmentally conscientious
manner. In WRDA, Congress authorizes projects encompassing
the key missions of the U.S. Army Corps of Engineers (Corps),
including developing, maintaining, and supporting the
nation's economically vital waterway infrastructure,
supporting effective and targeted flood protection and
environmental restoration needs while strengthening national
security. Through WRDA, Congress exercises its oversight
authority to make policy reforms that promote efficient,
effective, and transparent project development and
implementation. This legislation promotes innovation and
stronger stakeholder partnerships that will improve water
infrastructure development.
Since 2014, Congress has resumed the regular consideration
of WRDAs, and WRDA 2018 continues the WRDA two-year cycle
that provides appropriate oversight of and policy direction
to the Administration and the Corps.
The transformative nature of the last two WRDA bills has
provided the Corps and the non-Federal sponsors with new
opportunities to advance projects more quickly. As these new
authorities and processes are implemented, the Managers
expect that project delivery will speed up. The Managers also
expect that the provisions put forward in this bill, as well
as the last two WRDA bills, will promote investment in
worthwhile and beneficial water resources development
projects, and enable these projects to move forward.
Water resources projects have historically been rejected
through the use of benefit-cost analyses (BCAs) in the
formulation, evaluation, and budgeting of water resources
development projects. The Managers have been approached by
members and non-Federal project sponsors who have projects
that are authorized, but because of past practices regarding
BCA calculations, non-Federal project sponsors are left
without a clear path forward. This legislation makes clear
the Managers' intent: authorized projects are worthy of
funding.
Specifically, this bill contains provisions that require
the careful study of and reporting on the use and application
of current BCAs. The Managers expect this study to result in
recommendations to improve project transparency and the
taxpayers' return on Federal investment. The bill also
provides additional transparency measures to help non-Federal
project sponsors better understand where their projects are
in the budgeting process, and the calculations used to
justify or reject federal investment in the project. Corps
water resources development projects are long-term
investments which are critically important to maintaining the
nation's economic prosperity, national security, and
environmental protection. The Managers expect the Corps to
proactively work with non-Federal interests to transparently
discuss the principles and analytical methodologies used in
developing BCAs on these projects.
Title II and IV of this legislation builds on the existing
Clean Water Act and the Safe Drinking Water Act programs to
protect and restore water quality. This legislation provides
Federal financial assistance to local drinking and wastewater
systems to improve water quality and comply with both the
Clean Water and Safe Drinking Water Act's requirements.
The United States Environmental Protection Agency (EPA)
published its sixth national assessment, Drinking Water
Infrastructure Needs Survey, in March 2018. That assessment
estimated the nation's drinking water utilities require
$472.6 billion in infrastructure investments and $271 billion
in wastewater needs over the next 20 years to protect the
public health and ensure the security and economic well-being
of our cities, towns and communities. This bill reauthorizes
the Safe Drinking Water State Revolving Loan Fund (SRF),
growing the program over the next three fiscal years to $1.95
billion annually in 2021, nearly doubling the amount
currently authorized. Along with the SRFs, this bill
reauthorizes the Water Infrastructure and Finance Innovation
Act (WIFIA) and a program within WIFIA the Securing Required
Funding for Water Infrastructure Now (SRF WIN). All of these
mechanisms will substantially increase investments toward
addressing this critical need.
Investments in water infrastructure are essential for
protecting public health and the environment, but they also
generate significant economic benefits. The Department of
Commerce's Bureau of Economic Analysis estimates that for
every dollar in revenue realized by the water and wastewater
industry, $2.62 in revenue are realized by all other
industries. Adding one job in the water and wastewater
industry creates an additional 3.68 jobs in the national
economy.
The Managers understand that our nation's ability to
provide clean water and safe drinking water is challenged by
deteriorating wastewater infrastructure that is in urgent
need of repair, replacement, or upgrade. This legislation
takes steps to address these needs through financial support
from grants, state revolving loan funds, innovative financing
mechanisms, the use of funds for compliance assistance, and
the use of technical assistance for disadvantaged
communities.
Title III of this legislation includes several provisions
that promote the development of hydropower through closed-
loop pump storage, in-conduit projects, and at existing non-
powered dams. This legislation also amends the Federal Power
Act to authorize the FERC to issue preliminary permits to a
hydropower construction license applicant for up to four
years, and promote the timely rehabilitation and replacement
of hydropower infrastructure.
Title IV of the bill also addresses the need in many
states, particularly throughout the West, to increase water
supplies necessary to sustain the livelihoods of farming,
ranching, and tribal communities. This legislation also
addresses flood protection concerns in rural and tribal
communities.
Section 1116 directs the Corps to expedite the dredge
material management plan process and make maximum use of
existing information, studies, and innovative dredge material
management practices. It is the Manager's intent that dredged
material management plans begun in 2018, but not completed
shall also be expedited under this provision.
Managers ask that, when a non-Federal entity develops a
reasonable alternative to the Federal standard for dredged
material disposal facilities that meets relevant Federal
environmental and dredged material placement and disposal
standards, it should receive preferred consideration by the
Secretary. Additionally, the Secretary is encouraged to
consider entering into agreements with non-Federal sponsors
for the acquisition, design, construction, management, or
operation and maintenance of dredged material disposal
facilities, including port facilities, through section 217 of
WRDA of 1996.
Section 1126 addresses the concerns that Managers heard
about the regulatory permitting process for water storage
projects is extremely lengthy, in part due to issues
associated with identifying and analyzing the purpose and
need of the project. This section is intended to increase
transparency earlier in the regulatory process by providing
the permittee an opportunity to obtain a project's purpose
and need statement.
For Section 1133, as much as is possible, if the
determination is made that additional housing is warranted,
the purchase of private land shall be avoided.
Section 1134 directs the Corps to implement these sediment
removal provisions in an expeditious manner in order to
restore these reservoirs to their intended storage capacity.
The Managers recognize the importance of water storage
capacity to rural and western communities. Federal reservoirs
have gradually seen a reduction in water storage capacity
associated with sediment buildup to the detriment of farmers,
ranchers, and rural communities.
Managers expect that the final feasibility study for the
project in section 1142 will be carried out expeditiously and
be completed by the anticipated completion date of February
2019.
The Managers intend that section 1143 apply to all projects
authorized by Title VII of WRDA 2007 so that the Secretary
can acknowledge credit for the cost of work carried out in
the coastal Louisiana ecosystem by the non-Federal interest
for elements integral to the project prior to the date of
enactment of WRDA 2018. For example, the ``Multipurpose
Operation of Houma Navigation Lock'' is dependent upon the
adjacent earthen levees (including Reach F and G of the
Morganza to the Gulf of Mexico project) and other structures
(including the Bubba Dove Floodgate and Bayou Grand Calliou
Floodgate). Operating a lock complex without adjacent levees
can significantly reduce the ability to reduce salinity and
to manage and control the fresh water available via the
Atchafalaya River, Gulf Intercoastal Waterway and the Houma
Navigation Canal. In addition, the Bubba Dove Floodgate has
reduced the original wetland impact of the Houma Navigation
Lock and is integral to the lock's design and function.
Section 1203 (f) expedites activities under section 4003(a)
of Water Resources Reform and Development Act (WRRDA) 2014.
The Managers understand that these activities have not been
implemented due to a lack of appropriated funds, and
emphasize that the importance of such flood and drought
monitoring to communities in the Upper Missouri River Basin
necessitates that the Corps expedite activities for this
monitoring in order to protect lives and properties in the
region.
The Managers expect section 1229 to be carried out in an
expeditious manner and in accordance with all applicable
Federal and state water laws.
Section 1332 further amends the Annual Report process set
up by section 7001 of
[[Page H8223]]
WRRDA 2014. WRDA 2016 changed the process to ensure
individual existing environmental infrastructure projects may
be included in the Annual Report Main Table so that they can
be considered for inclusion in future WRDA bills, and the
amendments in this section clarify that proposed
modifications to existing regional environmental
infrastructure programs are also able to be considered. Such
projects that have previously ended up in the appendix of
these reports, such as Charlotte County, Florida, are
encouraged to reapply.
Similarly, this section amends the criteria by which the
Secretary may select to include a local request in the
appendix to the Annual Report, rather than the Report,
itself. The Committees on Transportation and Infrastructure
and Environment and Public Works have repeatedly criticized
the Secretary for failure to follow the specific criteria
outlined in section 7001(c)(1)(A), and including local
requests in the appendix despite those requests meeting the
statutory criteria. In response, this legislation clarifies
that the Secretary may not include a request that meets the
criteria in 7001(c)(1)(A) in the appendix solely on the basis
that the local request requires legislative changes to an
authorized project or study, or the request may be
inconsistent with Corps or Administration policy. The
Committee is aware of one particular request for a
modification of the Abiquiu Reservoir, New Mexico, that was
placed in the appendix to the 2017 Annual Report to Congress
because of Administration policy. Project sponsors for
similarly situated project or study requests are encouraged
to reapply.
The Managers encourage the Secretary to consider the
benefits of safety modifications for 2-way traffic and other
improvements to commercial navigation when evaluating
authorized navigation studies.
The Managers encourage the Secretary to provide technical
assistance and other support to state emergency management
agencies to assist in the development of handbooks for
floodplain managers. These handbooks should include policies
to help manage the risks of coastal and river flooding. In
addition, these handbooks should consider coastal protection
solutions that promote resilience, such as living shorelines,
as well as regional sediment management. Additionally, non-
Federal entities may provide resources for emergency repairs
under section 1024 of WRRDA 2014 (33 U.S.C. 2325a),
regardless of the cause of the emergency.
The Managers encourage the Corps to proceed with a sense of
urgency when evaluating and programming the actions to
proceed with the water resources projects necessary for flood
control, dam repair, beach erosion control, and harbor
navigation improvement in Puerto Rico, and the repair and
mitigation necessary as a result of the hurricane and severe
weather damages that occurred between September 2017 and
March 2018. Additionally, the Managers encourage the Corps to
advance the project for ecosystem restoration, Cano Martin
Pena, San Juan, Puerto Rico.
The Managers believe the Secretary should simplify and
expedite the process for including in-kind work in project
partnership agreements, consistent with current law.
The Managers further encourage the Corps to improve
communication with stakeholders and the public regarding the
risk assessments conducted by the agency of the levees around
the country.
The managers believe that the financing of project
operations, maintenance, where the locals are not otherwise
responsible for the project, or capital improvements by local
non-Federal interests can results in savings to Federal
taxpayers.
As the Secretary carries out the operations and maintenance
of our nation's infrastructure, the Managers expect periodic
maintenance dredging of the Kennebec River Federal Navigation
Channel will be prioritized based on a joint plan that is
being developed by the Secretary and the Secretary of the
Navy. Additionally, the managers believe the Corps should
prioritize annual dredging for the harbor in Wilmington,
Delaware.
The Secretary may use his or her authority under section 9
of the Flood Control Act of 1946 (60 Stat. 643, chapter 596)
to remedy the erosion issues on the Ohio River near
Clarksville, Indiana.
Ongoing cooperation between the Louisiana Coastal
Protection and Restoration Authority and the Lafitte Area
Independent Levee District relating to flood protection
projects in Jean Lafitte, Louisiana, and the vicinity should
continue. To the maximum extent practicable, the Secretary
should support that cooperation in a manner that is
consistent with Louisiana's Comprehensive Master Plan for a
Sustainable Coast.
The amendment to section 203 of WRDA 1986 (33 U.S.C. 2231)
made by section 1126 of WIIN 2016 (130 Stat. 1648), which
concerns study of water resources development projects by
non-Federal interests, was intended to supersede any
conflicting laws.
As water resources projects are vital to the nation's
competitiveness, the Managers encourage robust annual
funding. The Continuing Authorities Programs should receive
full appropriations each fiscal year. The authorization of
appropriations under section 595(i) of WRDA 1999, for water,
wastewater, environmental restoration and surface water
protection projects in certain rural states should be
robustly maintained.
Section 2005 includes new grant opportunities for states to
assist small and disadvantaged communities when contaminants
are present or are likely to be present in drinking water
provided by a public water system or underground source of
drinking water. The Managers intend this legislation to
assist states with small and disadvantaged communities to
promptly respond to problems that potentially present an
imminent and substantial endangerment.
Section 2010 establishes new authority for states and EPA
to address the challenges of water systems that have
repeatedly violated drinking water standards and pose a risk
to human health. The section includes limited liability
protection for outside entities that help the system come
back into compliance. The Managers do not intend this
legislation to limit enforcement of drinking water violations
not identified in the plan or to diminish the availability of
injunctive relief to address unresolved drinking water
violations.
Section 2021 authorizes EPA, subject to the availability of
appropriated funds carrying out the purposes of the section,
to require drinking water systems serving between 3,300 and
10,000 persons to comply with mandatory unregulated
contaminant testing for up to 30 unregulated contaminants.
The legislation also authorizes $15 million in the years the
monitoring is required to pay costs traditionally associated
with such testing. Systems serving fewer than 3,300 persons
will remain subject to random sampling and have their testing
and mailing costs covered by EPA. Such systems will not be
subject to a civil penalty for their inability to comply with
sampled monitoring.
Title II provides for Drinking Water Improvement. As
Congress reauthorizes the Drinking Water SRF, the managers
strongly support Congress providing robust funding of
capitalization grants to States to fund SDWA SRFs established
under section 1452 of the SDWA (42 U.S.C. 300j-12) and the
CWA SRFs established under title VI of the CWA (33 U.S.C.
1381 et seq.). The managers also encourage the Administrator
to work with the States to realize the full benefits of the
renewed DWSRF authorization amounts.
Section 3003 of this bill authorizes the Commissioner of
the FERC to establish an expedite process for issuing and
amending licenses under the Federal Power Act for qualifying
facilities under that section. The Committee on
Transportation is aware that certain projects owned or
operated by the Corps of Engineers may fall within the scope
of this section. However, nothing in section 3003 provides
new authority to add hydropower to existing non-powered
projects owned or operated by the Corps of Engineers where
hydropower is not specifically an authorized purpose,
established in law, for such projects. The decision and
conditions to add hydropower to an existing, non-powered
project of the Corps rests solely with the Secretary of the
Army, through its existing regulatory authorities, and with
the Committee on Transportation and Infrastructure in the
U.S. House of Representatives and the Committee on
Environment and Public Works in the U.S. Senate, through
enactment of future water resources development legislation.
Section 4102 establishes a Wastewater Technology
Clearinghouse at EPA. Providing communities with the
knowledge and resources necessary to fully use decentralized
wastewater systems can provide affordable wastewater
recycling and treatment to millions of people in the United
States.
Section 4103 provides Technical Assistance for Treatment
Works in the CWA. The Managers recognize the importance of
technical assistance for small, rural, and tribal water
systems. It is the Managers' view that onsite technical
assistance, provides the most effective means for communities
that are struggling to implement the CWA. The Managers also
acknowledge that the use of remote training does not always
provide communities with sufficient assistance to comply with
complicated and system-specific issues.
Section 4201 amends the Water Infrastructure Finance and
Innovation Act (WIFIA) by enhancing the process under WIFIA
for financial assistance to those applying for state loan
funds to carry out water and wastewater infrastructure
projects, the Securing Required Funding for Water
Infrastructure Now (SRF WIN). It allows states that combine
projects and submit one application to the WIFIA program to
receive additional considerations. This section provides
specific selection criteria and expedites the evaluation of
applications of these combined projects to 180 days, with
feedback from the EPA on how to improve their application, if
denied. This section also puts the application fee cost on
the state financing authority and removes the burden from the
bundled communities. It eliminates the need for these
combined projects from having to do any duplicative
environmental reviews and allows for the federal cost share
of the project to cover up to 100% of the total project cost.
These amendments utilize the leveraging power of WIFIA
financing to enhance the ability of the state financing
authorities to provide financial assistance to local
communities. This will allow states to finance thousands of
existing and vetted water and wastewater infrastructure
projects expeditiously.
Section 4301 establishes a mandatory requirement that not
later than one year after the date of enactment of the Act
that the EPA will enter into a memorandum of agreement with
the Bureau of Reclamation (BOR) that will establish a
structure for how EPA can provide technical assistance for
any credit instrument that Reclamation may provide now or in
the future.
[[Page H8224]]
Section 4302 directs the BOR, working with the Corps to
create a flood action plan. The Managers recognize that 2017
was a record year for runoff in the Upper Snake River Basin,
causing communities in the region to experience significant
flooding. The Managers further recognize that landowners and
stakeholders have serious concerns for how the BOR and the
Corps have managed the spring runoff out of Jackson Lake and
down the Snake River. The Managers seek assurances that the
BOR will work with the Corps to protect communities to
minimize flooding in the region.
Section 4304 establishes a new workforce training program
for workforce development in the water utility sector. The
managers find that water and wastewater utilities provide a
unique opportunity for access to stable, high-quality
careers. This section also establishes a competitive grant
program to promote the development of innovative activities
relating to workforce development in the water utility
sector.
Section 4306 authorizes EPA's WaterSense program, a
voluntary program which identifies and promotes water
efficient products through voluntary labeling, is authorized
by this legislation. The bill requires EPA to review and
revise the program's performance criteria to achieve
additional water savings not more frequently than every 6
years. The Managers expect EPA to conduct these reviews as
required by the section and to review the requirements of the
program and update them as needed and appropriate.
Section 4312 recognizes the rehabilitation and restoration
of Indian irrigation systems owned and operated by the Bureau
of Indian Affairs (BIA) is essential to the success and
livelihood of individuals and businesses across 17
reservations. Congress outlined these objectives in Public
Law 114-322 and established the Indian Irrigation Fund for
the BIA to carry out its trust responsibility for certain
individual Indians and Tribes. This provision authorizes
seven years of additional funding to complete this necessary
rehabilitation, which will ensure the delivery of clean
water, reduce the loss of water through seepage, and improve
the safety of the systems. The Managers believe the
Administration should prioritize the Indian Irrigation Fund
in addressing restoration of these Indian irrigation systems.
The Managers strongly encourage the Administration to fulfill
the objectives outlined in Public Law 114-322.
Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I particularly want to thank the chairman for getting
the Water Resources Development bills back on track. We had gone many
years without an authorization, and the chairman made it a priority to
do this every 2 years.
We also have created a new process through which we provide some
direction to the Corps of Engineers on where to invest their scarce
resources.
If I had my way, or maybe if we have different leadership in the next
Congress, we would go back to a much simpler, explicit process where we
would designate high-priority local infrastructure investment as needed
in the certain areas around the United States of America to better
facilitate commerce. But that is for another day.
This is a good bill. It is a bipartisan bill. There is, however, one
problem. That problem is that Ronald Reagan worked with a Democratic
Congress to create a harbor maintenance trust fund funded by a
miniscule ad valorem tax on the value of goods that come in from
overseas and pass through our ports. Consistently, Congress has
underspent those funds under both Democratic and Republican leadership.
Many years ago, I started to work with the chairman's father on this
very issue. That is more than two decades ago now. We did make
substantial progress in the last Congress and in this Congress.
An amendment that I offered to the water resources bill put us on a
track toward spending all of the tax that is collected for harbor
maintenance on harbor maintenance.
Now, I know that is kind of shocking in this town, that you would
collect a tax from people and then spend it on the thing for which it
is dedicated, but I think that would be right.
My proposal was adopted unanimously in the committee twice. Then
Speaker Ryan, through his control of the Rules Committee, reached into
the bill and extracted that amendment.
Why would they do that when we, on an average daily basis, have less
than 40 percent of the authorized capacity at our 59 largest harbors?
Why would we cripple United States commerce and shipping interests?
Why would we do that?
Well, so they can pretend that the deficit is a little tiny bit less.
When it comes to taxes, a trillion dollars here, a trillion dollars
there, we don't care about deficits. But when it comes to spending the
harbor maintenance tax on harbor maintenance, we can skim off a few
hundred million dollars every year and put it over here in an imaginary
trust fund that we never spend.
So it is a bunch of BS that we are doing that. You should not be
collecting taxes from the American people and then not spending money
on the intended and needed purpose.
The Corps' estimate is that they need about $20 million to bring all
harbors up to authorized depths in the next 10 years. If we were
spending the full harbor maintenance trust fund income on an annual
basis and spending down the balance that has already accumulated, we
could exceed that goal and deal with other issues, such as jetty
problems and the like.
The White House has come up with a brilliant and different solution.
They want to reduce the harbor maintenance tax so we will never, ever
bring up our ports to authorized depths.
In any case, that is the major problem with this bill.
The chairman has already mentioned a number of the attributes of this
bill. There is a provision that potentially will make the Corps more
efficient on dredging projects and look at multiyear as opposed to
annual contracts. The Corps is getting some tools to respond to climate
change--I can't believe we got that in there--sea level rise, and
natural disasters.
It requires the Corps to be more transparent in how it chooses
projects. As I mentioned earlier, I think Congress should be a little
more direct there. Again, that is for another day.
It has provisions that are important to my district and my State,
which are fully justified.
Mr. Speaker, again, it is a good, bipartisan project, and I reserve
the balance of my time.
Mr. SHUSTER. Mr. Speaker, I just want to say the ranking member is
100 percent correct on his assessment of the harbor maintenance trust
fund. I support it. He is absolutely right. I just want to make sure,
when he is referring to BS, he is not referring to Bill Shuster.
Mr. Speaker, I yield 2 minutes to the gentleman from Oregon (Mr.
Walden), the chairman of the Energy and Commerce Committee.
Mr. WALDEN. Mr. Speaker, I thank the ranking member for his help on
this legislation. I, too, agree in terms of the harbor maintenance
trust fund.
I rise in support of America's Water Infrastructure Act of 2018. This
legislation includes really important language to assist irrigators in
the Klamath Basin who are enduring another challenging drought year,
and it helps ensure we are prepared if our farmers are hit again with
severe drought conditions in the years ahead.
This bill provides the Bureau of Reclamation with the authority to
use the funds we secured earlier this year, about $10 million, to
implement measures such as groundwater pumping and other priorities for
our irrigators, and ensures that they have the authority to survive
difficult water years we may face over the next 4 years.
I also want to express, as chairman of the Energy and Commerce
Committee, our support for a couple other titles in this bill.
Title II of the legislation modernizes the Safe Drinking Water Act to
address regulatory compliance and infrastructure challenges facing
communities across our country. It brings greater investment to improve
our aging drinking water systems and supports State-led efforts in
large cities and rural communities alike.
For the first time in 22 years, Mr. Speaker, it authorizes
capitalization grants for State drinking water revolving loan funds--
$4.4 billion over 3 years, to be exact.
This is a big infrastructure bill. These loans are a crucial tool to
help communities address compliance issues and address drinking water
threats. I urge EPA to help each State realize the promise of this new
authorization.
As we brace for the horrible impacts of Hurricane Florence, I want to
point out that title II also authorizes $100 million for areas affected
by natural disasters that need help repairing their drinking water
systems to deliver clean, safe drinking water.
Our prayers are with those in the storm's path, Mr. Speaker. While
this legislation won't make them whole, it will help them recover.
[[Page H8225]]
Title III of the legislation will make substantial regulatory
improvements to the hydropower licensing process, with the goal to
deliver more clean, renewable, carbon-free, and affordable energy to
consumers. This title incorporates several important bills that passed
out of the Energy and Commerce Committee, and I am proud to support
their inclusion in this legislation before us today.
With that, I urge strong bipartisan support of the America's Water
Infrastructure Act. I thank the gentlemen on both sides of the aisle
and everyone involved for their work in getting this to the House
floor, and I urge its passage.
Mr. DeFAZIO. Mr. Speaker, I yield 3 minutes to the gentlewoman from
California (Mrs. Napolitano), the ranking member of the Subcommittee on
Water Resources and Environment.
Mrs. NAPOLITANO. Mr. Speaker, I rise in strong support of S. 3021,
America's Water Infrastructure Act of 2018. I thank Chairman Shuster,
Ranking Member DeFazio, Chairman Graves, and our own respective staffs
for their work on this legislation. It is encouraging to see the
Transportation and Infrastructure Committee continue in a bipartisan
fashion on this legislation every 2 years.
The bill authorizes Army Corps of Engineers' feasibility studies;
chief's reports; and section 7001 water resource projects across the
country for a diverse array of purposes, including flood damage
reduction, ecosystem restoration, water supply, navigation, and other
things.
The bill also includes important provisions that both the House and
the Senate have worked on to improve EPA water programs.
I am pleased to have coauthored several provisions that will assist
communities experiencing stormwater challenges and drought with
additional water supply and water treatment options.
Section 4106 authorizes $450 million in grants to cities over the
next 2 years to plan, design, and construct stormwater, water
recycling, and sewer overflow projects. This is incredibly important in
my area in Los Angeles, which is addressing a new MS4 stormwater permit
and is implementing water recycling projects as a way to address long-
term drought and climate change.
Section 1164 requires the Corps to work with local governments on
integrated water resources planning to incorporate locally developed
plans for stormwater management, water quality improvement, and water
recycling in Corps projects.
Section 1146 makes permanent my provision from WRDA 16 that allows
public agencies or private companies to remove sediment from Army Corps
dams in order for the dams to be more efficient for water supply and
flood control operations. There was a particular problem of sediment
buildup in several of our dams, including the Santa Fe and San Gabriel
Dams in my region.
Section 4304 creates an EPA water infrastructure and workforce
investment program, which will provide grants to educational
institutions, workforce development organizations, and water agencies
to provide training in the water sector. The water agencies in my
district have been strongly supportive of creating this program,
because many employees in the water sector are retiring and workforce
training is needed for new water technologies.
Section 4306 formally authorizes and improves the EPA WaterSense
program, which creates a national standard for the labeling of water-
efficient products. Local, State, and Federal agencies can then give
rebates to individuals and businesses that purchase these WaterSense-
approved products, in order to decrease overall water consumption
demands.
Section 1222 requires the Corps to assess forecast-informed
operations in water control manuals to ensure that dams are being used
effectively to maximize local water supply. Some of them are more than
40 years old.
The SPEAKER pro tempore (Mr. Francis Rooney of Florida). The time of
the gentlewoman has expired.
Mr. DeFAZIO. Mr. Speaker, I yield the gentlewoman from California an
additional 30 seconds.
Mrs. NAPOLITANO. I am confident that this bill, if enacted, will
provide drought-prone regions like mine with the tools necessary to
increase water supply through water recycling and capturing and
treating stormwater.
I want to thank my constituent water agencies for their input
throughout this process, including the Upper San Gabriel Valley
Municipal Water District; the Three Valleys Municipal Water District;
the San Gabriel Valley Municipal Water District; the San Gabriel Valley
WaterMaster; the Los Angeles County Department of Public Works; and my
local Corps leadership in General Helmlinger, Colonel Gibbs, and David
Van Dorpe.
Mr. Speaker, I ask all my colleagues to support this bill.
Mr. SHUSTER. Mr. Speaker, I yield 2 minutes to the gentleman from
Louisiana (Mr. Graves), chairman of the Subcommittee on Water Resources
and Environment.
Mr. GRAVES of Louisiana. Mr. Speaker, I thank the chairman for
yielding.
Mr. Speaker, we have Hurricane Florence bearing down on our Nation
now. The Carolinas and Georgia are inevitably going to have disaster,
destruction, and damages. What happens in the aftermath, as folks
begin looking at it, they ask the question: What could we have done
differently?
This bill, together with other legislation, is exactly what needs to
be done. This begins the process of addressing this ridiculous backlog
of $100 billion in projects that we need to move forward on, that we
need to construct, and bringing efficiencies to the table, like
allowing for States and local governments to advance these projects on
their own, taking advantage of their capabilities of greater cost
efficiencies, of streamlined permitting processes, and other
efficiencies that they are capable of doing.
This bill brings all sorts of solutions to the table, including, Mr.
Speaker, looking at whether the U.S. Army Corps of Engineers should
even be within the Department of Defense.
When I call Secretary Mattis and talk to him about Russia, China,
North Korea, Syria, and Iran, should I introduce a wetlands permit in
that conversation?
I don't think I should. It is not compatible with the agency. So we
are looking at where this mission can be a top priority, can be
properly housed, and where we can accomplish these projects much faster
than we are doing today.
Mr. Speaker, this bill also has some important things for us back
home, including recognizing the hundreds of millions of dollars in work
that our State has done to restore our eroding coastline and the
ecological productivity that goes along with it; looking at carrying
out a pilot dredge program, whereby we can issue dredging contracts
over years over multiple channels, rather than doing one channel at a
time, where we can benefit from economies of scale and, again, greater
efficiency with taxpayer dollars; and, importantly, Mr. Speaker,
ensuring that the old river control structure is not managed by a
static 70-30 split that was determined decades ago, using updated
science so we benefit navigation, the environment, and other important
priorities.
I want to thank Chairman Shuster, Congressman DeFazio, Congresswoman
Napolitano, Congressman Sanford, Congressman Rouzer, and all those
involved for their hard work on this. I urge its adoption.
Mr. DeFAZIO. Mr. Speaker, I yield 3 minutes to the gentleman from New
Jersey (Mr. Pallone).
Mr. PALLONE. Mr. Speaker, I want to thank Mr. DeFazio, Mrs.
Napolitano, and all the leadership on both the Energy and Commerce
Committee and the Transportation and Infrastructure Committee for
putting this bill together.
Mr. Speaker, I wanted to talk about the Energy and Commerce
jurisdiction, which is initially the Safe Drinking Water Act.
Our Nation's public drinking water system serves more than 300
million people, but aging and failing infrastructure threatens access
to safe drinking water in communities large and small.
{time} 1330
The Environmental Protection Agency estimates that our water systems
will require $472 billion in infrastructure repairs over the next 20
years, but
[[Page H8226]]
investment simply has not kept pace with the need.
This bill reauthorizes the Safe Drinking Water Act State Revolving
Fund for the first time in 20 years and provides significant new
funding to State and local governments in dire need.
The bill nearly doubles the authorized funding from $1 billion to
almost $2 billion in 2021 and increases funding for public water system
supervision grants to States.
Important provisions in the bill ensure that this money gets to the
communities that need it most by raising the cap on special assistance
to disadvantaged communities under the State Revolving Fund and setting
a floor for such assistance to guarantee help for those communities.
I want to thank Representative Tonko, the ranking member of our House
Energy Subcommittee on Environment, who led the effort to reauthorize
and improve the State Revolving Fund for many years. Many of the
provisions in this bill were incorporated from AQUA Act, which he
authored.
The bill also contains a provision first introduced by myself and
Representative Rush establishing a grant program for replacing leaded
drinking water fountains in schools and requiring, for the first time,
a national inventory of lead service lines and the cost to replace
them.
The bill contains Representative Dingell's provision to make drinking
water quality reports to consumers more frequent, comprehensive, and
understandable.
Significantly, the bill incorporates Representative Peters' provision
to assist systems with resiliency to extreme weather, and it
establishes new requirements to assess and address vulnerabilities to
those threats.
It also provides $100 million for grants to extend access to safe
drinking water into areas impacted by natural disasters, responding to
concerns raised by Representative Green.
Additionally, the bill contains language championed by Representative
McNerney authorizing a water sense program to encourage consumer
product water efficiency, and it authorizes Buy America requirements
for iron and steel products for 5 years.
Mr. Speaker, this bill won't solve all our drinking water challenges,
but it makes important improvements and delivers real benefits.
I am also pleased that this final bipartisan bill includes important
energy provisions that I pushed, to include among them provisions
authored by Representatives Kennedy, DeGette, and Peters.
All in all, the drinking water and energy titles of this bill are
critical, significant steps forward that will benefit America's
families, industry, and the environment.
Mr. Speaker, America's Water Infrastructure Act is a victory for all
of us, and I urge my colleagues to support the legislation.
Mr. SHUSTER. Mr. Speaker, I yield 1 minute to the gentleman from
Missouri (Mr. Graves).
Mr. GRAVES of Missouri. Mr. Speaker, I rise in support of America's
Water Infrastructure Act, which includes the House-passed WRDA.
The chairman's commitment to passing bipartisan WRDA bills every 2
years has been an impactful item at better managing the bureaucracy at
the Army Corps and more regularly approving vital water projects. This
is good government and a policy that I would like to see the committee
remain committed to in the future.
In my district, Mr. Speaker, this bill is extremely important to the
agriculture economy and to everyone who relies on the Missouri and
Mississippi Rivers. I am glad the final bill included my amendment to
stop the Army Corps from building any new, unproven structures for
endangered species along the Missouri, and, instead, they now are
required to prove that it will actually work before spending millions
of taxpayer dollars.
The Corps has to prove that these structures do not negatively impact
the other management priorities on the Missouri River.
In closing, this is a good bill, and it is necessary to advance the
important flood control projects and ensure our inland waterways remain
reliable and efficient options for transporting goods.
Mr. Speaker, I urge my colleagues to vote for S. 3021.
Mr. DeFAZIO. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Michigan (Mrs. Dingell).
Mrs. DINGELL. Mr. Speaker, I rise in support of S. 3021, America's
Water Infrastructure Act of 2018. Every Member in this House should be
able to support it. It is how Congress should work, and it is what the
American people expect.
Overall, the bill would authorize $6.1 billion in Federal funds for
the Army Corps of Engineers to carry out new and existing projects
critical to our Nation's economy, environment, public health, and
safety, including the Great Lakes region.
This legislation also includes the Drinking Water Systems Improvement
Act, which the Energy and Commerce Committee approved last year, in
bipartisan fashion. These provisions will improve drinking water
systems and authorize $4.4 billion for the State Drinking Water
Revolving Loan Fund Program, which will provide much-needed Federal
financing for States and utilities to strengthen drinking water
infrastructure.
Everybody remembers Flint. Now we have PFAS. It is important that
every American be able to trust the water they are drinking. This is
why I am proud that this bill includes important provisions from
legislation I introduced that would increase drinking water
notifications and make consumer confidence reports on drinking water
easier for every American to understand. It is an essential part of our
response to drinking water crises in this country.
We have a crisis of confidence in our systems, and consumers deserve
clear and immediate notifications and transparency when it comes to the
quality of the water they are drinking. By requiring large water
systems to provide consumer confidence reports biannually, the American
people will have more frequent reports on water quality, which will
help identify and mitigate risks sooner.
With 90 percent of Americans receiving their drinking water from a
public drinking water system, it is our collective responsibility to
provide strong funding authorizations for modernizing drinking water
systems, and we must continue to find effective ways to keep the public
informed.
Mr. SHUSTER. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman
from California (Mr. Denham).
Mr. DENHAM. Mr. Speaker, I rise in support of America's Water
Infrastructure Act. This bill revitalizes our waterways, bolsters flood
protection, and ensures our channels and harbors can supply America and
the world with U.S. goods.
Most importantly, this bill includes my New WATER Act, a provision
that will help us to build new water storage in California.
The last time we built anything of substance in California for water
storage was 1979. We have waited 50 years--50 years--because we don't
have Federal financing and Federal authorization.
Finally, under this bill, the New WATER Act will set up a bank for
financing for these water storage projects, and we can finally get some
of these big reservoirs under way: Shasta, raising Shasta; building
Sites Reservoir, which has been studied for decades; building Los
Vaqueros; building Temperance Flat.
It is time to build water storage in California. We need to be
solving our own problems, and the New WATER Act helps us with that
financing.
Below-ground water storage projects, water recycling, and
desalination projects are also eligible.
We want to look at all water in California, but this allows us a
Federal financing plan to match State and local dollars as well.
Also, I included the lower San Joaquin County Army Corps chief's
report in this bill to enhance flood protection for more than 50,000
valley residents in San Joaquin County. This will reduce annual
property damage and enhance security at 262 critical infrastructure
sites, including French Camp.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. SHUSTER. Mr. Speaker, I yield the gentleman from California an
additional 15 seconds.
Mr. DENHAM. French Camp will be the Army Corps' first VA project,
building a megaclinic for our veterans
[[Page H8227]]
in our local community right in this area in between Lathrop and
Manteca.
We look at revitalizing America's infrastructure. This is a
monumental step forward in America's water infrastructure, and I ask my
colleagues to support this bill.
Mr. DeFAZIO. Mr. Speaker, I yield 2 minutes to the gentleman from
Massachusetts (Mr. Kennedy).
(Mr. KENNEDY asked and was given permission to revise and extend his
remarks.)
Mr. KENNEDY. Mr. Speaker, I thank the ranking member for yielding.
Mr. Speaker, I rise today in support of the bill before us, S. 3021;
and specifically, Mr. Speaker, the Fair Ratepayer Accountability,
Transparency, and Efficiency Standards Act written into title III,
culminating more than 4 years of work on this issue.
In 2014, due to an unintended loophole in the Federal Power Act, my
constituents were locked out of challenging a nearly $2 billion rate
increase, because at the time the Federal Energy Regulatory Commission
was deadlocked 2 to 2 on whether to approve or deny the change.
With this bill before us today, we can close that loophole and ensure
that no ratepayer suffers the same consequence that continues to
threaten the bank accounts and pocketbooks of my constituents. It is
especially important today given that the commission currently has only
four sitting commissioners.
While this is not the bill that I first introduced more than 3 years
ago and it is not the one that the House unanimously passed each of the
last two Congresses, it is a compromise with our Senate colleagues and
is an important step in the right direction.
Mr. Speaker, I urge my colleagues to support this bill.
Mr. Speaker, I rise today in support of the bill before us, H.R. S.
2031.
Specifically I rise in support of the Fair Ratepayer Accountability,
Transparency, and Efficiency Standards Act, written into Title III,
culminating more than four years of work on this issue.
As my colleagues have heard time and time again, my constituents in
New England pay among the highest retail electric rates across the
country. And in 2014, due to an unintended loophole in the Federal
Power Act, my constituents were locked out of challenging a nearly $2
billion rate increase because at the time, the Federal Energy
Regulatory Commission was deadlocked two-to-two on whether to approve
or deny the change.
As written, the Federal Power Act allows for rate changes to take
effect by operation of law if FERC fails to act within the statutory
60-day time period. Due to a deadlock in 2014, no action was taken. And
as we have since learned, the Federal Power Act only allows for appeals
of official FERC Actions, not rates that take effect by operation of
law, including deadlocks like the one that left my constituents
voiceless.
With this bill before us today, we can ensure no ratepayer suffers
the same consequence. It is especially important now given the current
status of the Commission with only 4 sitting commissioners.
This bill represents a compromise with my Senate colleagues. The bill
states that any rates that take effect by operation of law, due to a
deadlock or a Commission that lacks sufficient members for a quorum,
are appealable both at FERC and in the courts. It is intended to ensure
that FERC and the courts consider the merits of a rate change and
whether such a change is just and reasonable as required by the Federal
Power Act. It would not allow FERC or the courts to simply dismiss a
challenge because FERC failed to issue an order.
Additionally, I would like to highlight two concerns with this
language and make clear congressional intent in the process. First,
this bill would not apply to rates that the Commission either chooses,
or inadvertently allows, to take effect upon expiration of the
statutory clock. It has been my understanding and my experience that
FERC can and will continue to address all rate filings with the due
diligence and scrutiny each deserves, and I hope FERC will continue to
do so even on the most contentious of cases. I expect FERC will abide
by the requirements of this legislation and not take advantage of any
loophole to avoid a contentious filing.
Second, while unusual, this bill would require each of the sitting
commissioners to explain in writing their view on the rate change. To
my knowledge, there is no other similar requirement in any part of the
Federal Power Act or Natural Gas Act. However, it is my belief that if
and when the time comes to address a deadlock, commissioners will use
the opportunity to explain their views for purposes of transparency and
good government.
While this is not the bill I first introduced more than three years
ago, the one that passed the House unanimously in each of the last two
Congresses, it is a good compromise and a significant step in the right
direction.
I urge my colleagues to support this bill.
Mr. SHUSTER. Mr. Speaker, I yield 1 minute to the gentleman from
Georgia (Mr. Woodall), a hardworking member of the House Transportation
and Infrastructure Committee and a member of the Rules Committee.
Mr. WOODALL. Mr. Speaker, I thank the chairman for his leadership on
the committee.
Mr. Speaker, this is probably the most important bill that most
members of the United States of America citizenry will never have heard
of.
When I go back home, folks ask me to make smart and prudent
investments that will make a difference in people's lives. They ask me
to repeal unnecessary regulations that stand in the way of making those
improvements. They ask me to pay for those things rather than passing
the bill on to our kids and our grandkids.
The bill that the chairman and the ranking member have brought before
us today fulfills every single one of those challenges.
In my district, Mr. Speaker, we are talking about preserving water
quality in Lake Lanier, the sole water source for most of the metro
Atlanta area. We are talking about funding the Savannah Harbor
Expansion Project, a project of economic significance for the entire
southeastern United States. We are talking about offering local
officials the financing tools they need to bring projects to bear
faster and cheaper than ever before.
Mr. Speaker, median household income has never been higher. Small
business optimism has never been higher. Unemployment is at its lowest
point in decades. Job openings are at a record high. Manufacturing jobs
are at a record high. This does not happen by accident. This happens
when you create an environment in which success can breed.
I want to thank the ranking member from Oregon. I particularly want
to thank my chairman from Pennsylvania. Chairman Shuster said he was
going to bring three bills to the floor. He said we are going to get
back in the business of doing the people's business, not sometimes but
always; and here, at the end of his third term as chairman, we are
bringing our third WRDA bill to the floor.
Mr. DeFAZIO. Mr. Speaker, I reserve the balance of my time.
Mr. SHUSTER. Mr. Speaker, I yield 1 minute to the gentleman from
Michigan (Mr. Mitchell), my good friend and another hardworking member
of the Transportation and Infrastructure Committee.
Mr. MITCHELL. Mr. Speaker, I rise today in support of the America's
Water Infrastructure Act, a critical piece of legislation that
authorizes water infrastructure projects across our Nation.
One particular project is near and dear to my heart, critical to the
State of Michigan and our national economy and security: the Soo Locks.
This lock is the only waterway, the only connection between Lake
Superior and the rest of the Great Lakes and the Saint Lawrence Seaway.
Right now, that one lock accommodates almost all of the shipping of
iron ore and many other goods from Minnesota through the Great Lakes.
If that lock fails, the damage is instantaneous: economic damage--11
million people would lose their jobs within the first 90 days--and
risks our national security.
That is why construction of a second lock is so vital. This upgrade
was authorized over 30 years ago. I guess it shouldn't surprise us that
it has languished a bit. We now have bipartisan support, both sides of
the aisle supporting the need to get this lock, a second large lock,
built. We have recognition by the administration that this lock is
critical for our economy and our national security.
Mr. Speaker, I urge passage of this bill as the next step in building
the 1,200-foot lock at the Soo Locks so we can ensure that our national
security and our economy is not devastated by the failure of one lock.
Mr. DeFAZIO. Mr. Speaker, I continue to reserve the balance of my
time if the gentleman has more speakers.
Mr. SHUSTER. Mr. Speaker, I have three more speakers.
Mr. Speaker, I yield 1 minute to the gentleman from Michigan (Mr.
Upton).
[[Page H8228]]
{time} 1345
Mr. UPTON. Mr. Speaker, safe drinking water for our families is
something that we all should agree on, and this bill delivers on that
promise. It makes certain that communities like Parchment, in my
district, are able to deal with the PFAS contamination issue.
In Parchment, thanks to the proactive efforts of the State of
Michigan, we discovered PFAS in the water, and we immediately sprang
into action to solve the problem in the short term--local, State, and
Federal folks all working in tandem to fix the problem. Specifically,
the bill does that by increasing authorization for the Drinking Water
State Revolving Fund. It critically works to modernize our aging water
infrastructure by providing more resources.
Drinking water quality remains high across the country, but
improvements can and must be made now. This bipartisan bill is yet a
very important step forward. I look forward to supporting it and would
urge all of my colleagues on both sides to do the same.
I want to thank Chairman Shuster for getting this bill to the floor,
and I look forward to ultimately getting it to the President for his
signature.
Mr. DeFAZIO. Mr. Speaker, I reserve the balance of my time.
Mr. SHUSTER. Madam Speaker, I yield 2 minutes to the gentlewoman from
Washington (Mrs. McMorris Rodgers), our conference chair.
Mrs. McMORRIS RODGERS. Madam Speaker, I thank the chairman for his
leadership and yielding the time.
Today, I am proud to stand in support of the Water Resources
Development Act. I appreciate all the work that has been done to help
strengthen our Nation's ports, dams, and waterways. In this
legislation, we are keeping our promise to the American people to
rebuild our Nation's infrastructure.
I was proud to offer two significant provisions to help the people of
eastern Washington. The first is the Port of Whitman Economic Expansion
Act. This will allow the Port of Whitman to purchase land from the Army
Corps of Engineers to continue their mission of economic development in
our region. The other provision is from bipartisan legislation that
passed this House earlier titled the Hydropower Modernization Act of
2017.
In Washington State, hydropower makes up nearly 70 percent of our
electricity, and it is the Nation's largest source of clean, renewable,
reliable, and affordable energy. We have some of the lowest electricity
costs in the country because of clean hydropower, but there is still
room for tremendous potential to increase the production of renewable
energy as hydropower, but FERC doesn't incentivize investing in dams.
Capital intensive projects like updating turbines or improving fish
ladders are only included in the lifespan of a dam's license during the
relicensing window. My provision will require FERC to include all
protection, mitigation, and enhancement measures during the relicensing
process.
I appreciate Chairman Shuster and Chairman Walden and the staff for
all of their work.
Mr. DeFAZIO. Madam Speaker, I continue to reserve the balance of my
time.
Mr. SHUSTER. Madam Speaker, I yield 1 minute to the gentleman from
Indiana (Mr. Bucshon).
Mr. BUCSHON. Madam Speaker, unnecessary government red tape is
preventing us from taking advantage of clean, renewable hydropower
generation at existing nonpowered dams. The current regulatory process
simply takes too long, taking up to a decade for the project to be
approved.
We can change this by supporting America's Water Infrastructure Act
of 2018, which includes the Promoting Hydropower Development at
Existing Nonpowered Dams Act, which I authored. This legislation
instructs the Federal Energy Regulatory Commission, FERC, to create an
expedited permitting process that will result in a final decision on an
application in 2 years or less.
The legislation also requires FERC, the U.S. Army Corps of Engineers,
and the Department of the Interior to develop a list of existing
nonpowered dams that have the greatest potential for hydropower
development. Streamlining the permitting process will incentivize
investments in clean hydropower development and help modernize our
existing infrastructure.
I ask my colleagues to join me today in supporting this legislation.
Mr. DeFAZIO. Madam Speaker, I yield myself such time as I may
consume.
Again, I want to particularly congratulate the chairman on his
accomplishment of resuscitating regular WRDA reauthorizations, and
this, of course, will be the last time in which he will be on the floor
on this particular issue.
I would also like to thank the staff, Ryan Seiger, Mike Brain; from
Representative Napolitano's office, Joe Sheehy; and a special thanks to
legislative counsel, whose staff tells me was absolutely fabulous on
this, Kakuti Lin. And then, of course, I believe the chairman will
thank his staff, but I would also extend thanks to them but not name
them individually if he is going to do that.
Madam Speaker, I yield back the balance of my time.
Mr. SHUSTER. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I thank my partner in this, Ranking Member DeFazio,
for his efforts on the bill, but also Ranking Member Napolitano and
Subcommittee Chair Garret Graves for their great work on this bill.
I thank the entire Republican staff on the Transportation and
Infrastructure Committee.
The following staff spent hours working on behalf of the Members of
Congress to produce this final product:
Ian Bennitt, Elizabeth Fox, John Pawlow, Victor Sarmiento, Peter
Como, Geoff Gosselin, Fred Miller, Chris Vieson, Kathy Dedrick, Ryann
Seiger, Joe Sheehy, Alex Burkett, Mike Brian, Richard Russell, Brian
Clifford, Lizzy Oslen, Pauline Thorndick, Andy Hardy, Craig Thomas,
Marry Francis Repko.
John Drake, Andrew Rogers, Chris Baysinger, Mary Martin, Jerry Couri,
Mike Bloomquist, Ryan Long, Karen Christian, Brandon Mooney, Annelise
Rickerts, Jackie Cohen, Rick Kessler, Jean Fruci, Kakuti Lin, Allison
Hartwich, Geoff Antell, Kiel Weaver, Cindy Herrle.
Madam Speaker, I thank the Democratic staff for their partnership in
crafting this legislation and now passing on the floor, and, hopefully,
ultimately, we get it to the President's desk and signed into law.
Thanks to all the folks on the other side of the aisle, the staff, for
their willingness and hard work and the effort they put into it.
I want to point out, though, Chris Vieson and Geoff Gosselin, the
staff director and deputy staff director, for their great work and
leadership on the committee. But also the Water Resources staff, Ian
Bennitt, Jon Pawlow, Elizabeth Fox, Victor Sarmiento, and Peter Como
for their efforts and long hours that I know they took to put this all
together.
And finally, I would just like to say, passing WRDA is personally
very gratifying to me. When I became chairman, we had not passed a WRDA
bill in 7 years. Prior to that, for over 20 years, WRDA bills were
passed every Congress. It was regular order. Today, we will pass the
third WRDA bill in three Congresses, and I want to thank the leadership
on both sides of the aisle for working with us and helping us to get it
to the floor.
I thank all of my colleagues in the House. As I think we maybe said
earlier, when we passed it out of the House, it was 408-2,
overwhelmingly. And again, I can't thank my colleagues enough for
working with me and helping to bring back regular order to WRDA.
I ask all my colleagues to support this bill, and let's move on to
the next bill.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Ms. Foxx). The question is on the motion
offered by the gentleman from Pennsylvania (Mr. Shuster) that the House
suspend the rules and pass the bill, S. 3021, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``An Act to provide
for improvements to the rivers and harbors of the United States, to
provide for the conservation and development of water and related
resources, to provide for water pollution control activities, and for
other purposes.''.
[[Page H8229]]
A motion to reconsider was laid on the table.
____________________