[115th Congress Public Law 270]
[From the U.S. Government Publishing Office]
[[Page 132 STAT. 3765]]
Public Law 115-270
115th Congress
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. <<NOTE: Oct. 23, 2018 - [S. 3021]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: America's Water
Infrastructure Act of 2018.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 33 USC 2201 note.>> 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.
[[Page 132 STAT. 3766]]
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.
[[Page 132 STAT. 3767]]
Sec. 1219. Great Lakes coastal resiliency study.
Sec. 1220. McMicken Dam, Arizona, and Muddy River, Massachusetts.
Sec. 1221. Table Rock Lake, Arkansas and Missouri.
Sec. 1222. Forecast-informed reservoir operations.
Sec. 1223. Cedar River, Iowa.
Sec. 1224. Old River control structure, Louisiana.
Sec. 1225. Upper Mississippi River protection.
Sec. 1226. Missouri River.
Sec. 1227. Lower Missouri River bank stabilization and navigation.
Sec. 1228. Coastal Texas study.
Sec. 1229. Report on water supply contract, Wright Patman Lake, Texas.
Subtitle C--Deauthorizations, Modifications, and Related Provisions
Sec. 1301. Deauthorization of inactive projects.
Sec. 1302. Backlog prevention.
Sec. 1303. Project modifications.
Sec. 1304. Lytle and Cajon Creeks, California.
Sec. 1305. Yuba River Basin, California.
Sec. 1306. Bridgeport Harbor, Connecticut.
Sec. 1307. Delaware River navigation project.
Sec. 1308. Comprehensive Everglades restoration plan, Central and
Southern Florida, Everglades Agricultural Area, Florida.
Sec. 1309. Kissimmee River restoration, Florida.
Sec. 1310. Levee L-212, Four River Basin, Ocklawaha River, Florida.
Sec. 1311. Green River and Barren River Locks and Dams, Kentucky.
Sec. 1312. Cape Arundel Disposal Site, Maine.
Sec. 1313. Penobscot River, Maine.
Sec. 1314. Boston harbor reserved channel deauthorizations.
Sec. 1315. Corps of Engineers bridge repair program for New England
evacuation routes.
Sec. 1316. Plymouth Harbor, Massachusetts.
Sec. 1317. Portsmouth Harbor and Piscataqua River.
Sec. 1318. Missouri River and tributaries at Kansas Cities, Missouri and
Kansas.
Sec. 1319. Hampton Harbor, New Hampshire, navigation improvement
project.
Sec. 1320. Passaic River Federal Navigation Channel, New Jersey.
Sec. 1321. Fargo-Moorhead Metropolitan Area Diversion Project, North
Dakota.
Sec. 1322. Clatsop County, Oregon.
Sec. 1323. Svensen Island, Oregon.
Sec. 1324. West Tennessee Tributaries project, Tennessee.
Sec. 1325. Puget Sound nearshore ecosystem restoration.
Sec. 1326. Milwaukee Harbor, Milwaukee, Wisconsin.
Sec. 1327. Project completion for disaster areas.
Sec. 1328. Federal assistance.
Sec. 1329. Expedited initiation.
Sec. 1330. Project deauthorization and study extensions.
Sec. 1331. Conveyances.
Sec. 1332. Report on future water resources development.
Subtitle D--Water Resources Infrastructure
Sec. 1401. Project authorizations.
Sec. 1402. Special rules.
Sec. 1403. Norfolk Harbor and Channels, Virginia.
TITLE II--DRINKING WATER SYSTEM IMPROVEMENT
Sec. 2001. Indian reservation drinking water program.
Sec. 2002. Clean, safe, reliable water infrastructure.
Sec. 2003. Study on intractable water systems.
Sec. 2004. Sense of Congress relating to access to nonpotable water.
Sec. 2005. Drinking water infrastructure resilience and sustainability.
Sec. 2006. Voluntary school and child care program lead testing grant
program enhancement.
Sec. 2007. Innovative water technology grant program.
Sec. 2008. Improved consumer confidence reports.
Sec. 2009. Contractual agreements.
Sec. 2010. Additional considerations for compliance.
Sec. 2011. Improved accuracy and availability of compliance monitoring
data.
Sec. 2012. Asset management.
Sec. 2013. Community water system risk and resilience.
Sec. 2014. Authorization for grants for State programs.
Sec. 2015. State revolving loan funds.
Sec. 2016. Authorization for source water petition programs.
[[Page 132 STAT. 3768]]
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 <<NOTE: Water Resources Development Act of 2018.>>
RESOURCES DEVELOPMENT
SEC. 101. <<NOTE: 33 USC 2201 note.>> SHORT TITLE.
This title may be cited as the ``Water Resources Development Act of
2018''.
SEC. 102. <<NOTE: 33 USC 2201 note.>> SECRETARY DEFINED.
In this title, the term ``Secretary'' means the Secretary of the
Army.
[[Page 132 STAT. 3769]]
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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Reports.>> Submission to Congress.--The Secretary shall
submit the final report of the National Academy containing the findings
of
[[Page 132 STAT. 3770]]
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) <<NOTE: Deadline.>> In General.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall enter into an
agreement with the National Academy of Sciences to--
(1) carry out a study on the economic principles and
analytical methodologies currently used by or applied to the
Corps of Engineers to formulate, evaluate, and budget for water
resources development projects; and
(2) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Analyses.>> 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
[[Page 132 STAT. 3771]]
(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) <<NOTE: Reports. Recommenda- tions.>> 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) <<NOTE: Web posting.>> make a copy of such report
available on a publicly accessible website.
SEC. 1104. <<NOTE: 33 USC 2282d note.>> 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--
[[Page 132 STAT. 3772]]
(1) develop and disseminate technical assistance materials,
seminars, and guidance on the annual process as it relates to
non-Federal interests;
(2) <<NOTE: Notice.>> 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) <<NOTE: Guidance.>> 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. <<NOTE: 33 USC 2202.>> NON-FEDERAL ENGAGEMENT AND
REVIEW.
(a) <<NOTE: Guidance.>> 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) <<NOTE: Web posting.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Web posting.>> 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
[[Page 132 STAT. 3773]]
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. <<NOTE: 33 USC 579e.>> ACCESS TO REAL ESTATE DATA.
(a) <<NOTE: Public information. Web posting.>> 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) <<NOTE: Consultation.>> Collaboration.--In making
information available under subsection (a), the Secretary shall
consult with the Administrator of General Services. Such
information may be made available, in whole or in part, in the
Federal real property database published under section 21 of the
Federal Assets Sale and Transfer Act of 2016 (Public Law 114-
287), as determined appropriate by the Administrator of General
Services. Nothing in this paragraph shall be construed as
requiring the Administrator of General Services to add
additional data elements or features to such Federal real
property database if such additions are impractical or would add
additional costs to such database.
(c) Limitation.--Nothing in this section shall compel or authorize
the disclosure of data or other information determined by the Secretary
to be confidential, privileged, national security information, personal
information, or information the disclosure of which is otherwise
prohibited by law.
[[Page 132 STAT. 3774]]
(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. <<NOTE: 33 USC 2263a.>> 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) <<NOTE: Recommenda- tions. Plan.>> 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. <<NOTE: 36 USC 610 note.>> 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 <<NOTE: Memorandum.>> 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. <<NOTE: 33 USC 2326 note. Contracts.>> DREDGE PILOT
PROGRAM.
(a) In General.--The Secretary is authorized to carry out a pilot
program to award contracts with a duration of up to 5 years for the
operation and maintenance of harbors and inland harbors referred to in
section 210(a)(2) of the Water Resources Development Act of 1986 (33
U.S.C. 2238(a)(2)).
(b) Scope.--In carrying out the pilot program under subsection (a),
the Secretary may award a contract described in such subsection, which
may address one or more harbors or inland harbors
[[Page 132 STAT. 3775]]
in a geographical region, if the Secretary determines that the contract
provides cost savings compared to the awarding of such work on an annual
basis or on a project-by-project basis.
(c) Report to Congress.--Not later than 1 year after the date on
which the first contract is awarded pursuant to the pilot program
carried out under subsection (a), the Secretary shall submit to Congress
a report evaluating, with respect to the pilot program and any contracts
awarded under the pilot program--
(1) cost effectiveness;
(2) reliability and performance;
(3) cost savings attributable to mobilization and
demobilization of dredge equipment; and
(4) response times to address navigational impediments.
(d) Sunset.--The authority of the Secretary to enter into contracts
pursuant to the pilot program carried out under subsection (a), shall
expire on the date that is 10 years after the date of enactment of this
Act.
SEC. 1112. <<NOTE: 33 USC 426g note. Contracts.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 33 USC 2351a note.>> 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.
[[Page 132 STAT. 3776]]
SEC. 1114. <<NOTE: 33 USC 634.>> 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. <<NOTE: 35 USC 598a.>> 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) <<NOTE: Easements.>> 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. <<NOTE: 33 USC 2326b note.>> 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. <<NOTE: 33 USC 549b.>> 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. <<NOTE: 33 USC 2292 note. Guidance.>> 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
[[Page 132 STAT. 3777]]
land surveying, cartography, geographic information systems, global
navigation satellite systems, photogrammetry, or other remote means, in
carrying out any authority of the Secretary.
(b) Considerations.--In carrying out this section, the Secretary
shall ensure that use of information described in subsection (a) meets
the data quality and operational requirements of the Secretary.
(c) Savings Clause.--Nothing in this section--
(1) requires the Secretary to accept information that the
Secretary determines does not meet the guidance developed under
this section; or
(2) changes the current statutory or regulatory requirements
of the Corps of Engineers.
SEC. 1119. <<NOTE: 33 USC 2347 note. Time period.>> 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. <<NOTE: 33 USC 2315b.>> 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.
[[Page 132 STAT. 3778]]
(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) <<NOTE: Time period.>> 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) <<NOTE: Deadline. Notification.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Definition.>> Covered Contract.--In this section, the
term ``covered contract'' means a contract between a local governmental
entity
[[Page 132 STAT. 3779]]
and the Secretary for water supply storage in a nonhydropower lake
within the Verdigris River Basin.
SEC. 1123. <<NOTE: 33 USC 3306.>> 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. <<NOTE: 33 USC 2347b.>> PURPOSE AND NEED.
(a) Purpose and Need Statements.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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,
[[Page 132 STAT. 3780]]
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. <<NOTE: 33 USC 2355.>> 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. <<NOTE: 33 USC 7020.>> 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) <<NOTE: Definition.>> Mississippi River and Tributaries
Project.--The term ``Mississippi River and Tributaries Project'' means
the Mississippi River and Tributaries project authorized by the Act of
May 15, 1928 (Chap. 569; 45 Stat. 534).
SEC. 1129. INCLUSION OF TRIBAL INTERESTS IN PROJECT CONSULTATIONS.
(a) Report Required.--As soon as practicable following the date of
enactment of this Act, the Secretary shall submit the report required
under section 1120(a)(3) of the Water Resources Development Act of 2016
(130 Stat. 1643).
(b) Consultation.--The Secretary shall ensure that all existing
Tribal consultation policies, regulations, and guidance continue to be
implemented, and that consultations with Federal and State agencies and
Indian Tribes required for a water resources development project are
carried out.
SEC. 1130. BENEFICIAL USE OF DREDGED MATERIAL.
Section 1122 of the Water Resources Development Act of 2016 (33
U.S.C. 2326 note) is amended--
(1) in subsection (b)(1), by striking ``10'' and inserting
``20''; and
(2) in subsection (g), by striking ``10'' and inserting
``20''.
SEC. 1131. ICE JAM PREVENTION AND MITIGATION.
Section 1150(c) of the Water Resources Development Act of 2016 (33
U.S.C. 701s note) is amended--
(1) in paragraph (1)--
(A) by striking ``During fiscal years 2017 through
2022, the Secretary'' and inserting ``The Secretary'';
and
(B) by striking ``10 projects'' and inserting ``20
projects''; and
(2) in paragraph (2)--
(A) by striking ``shall ensure'' and inserting the
following : ``shall--
``(A) ensure'';
[[Page 132 STAT. 3781]]
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(B) select not fewer than one project to be
carried out on a reservation (as defined in section 3 of
the Indian Financing Act of 1974) that serves more than
one Indian tribe (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act).''.
SEC. 1132. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED DAMS.
Section 1177 of the Water Resources Development Act of 2016 (33
U.S.C. 467f-2 note) is amended--
(1) in subsection (e), by striking ``$10,000,000'' and
inserting ``$40,000,000''; and
(2) in subsection (f), by striking ``$10,000,000'' and
inserting ``$40,000,000''.
SEC. 1133. COLUMBIA RIVER.
(a) Bonneville Dam, Oregon.--
(1) <<NOTE: Consultation. Examinations. Assessments.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Consultation. Examinations. Assessments.>> 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).
[[Page 132 STAT. 3782]]
(3) <<NOTE: Determination.>> 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) <<NOTE: Consultation. Development plan.>> 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) <<NOTE: Cost estimate. Schedule.>> 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) <<NOTE: Applicability.>> 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.''.
[[Page 132 STAT. 3783]]
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;
[[Page 132 STAT. 3784]]
(C) in subclause (II)--
(i) by inserting ``that have been authorized
for construction prior to the date of enactment of
this Act and'' after ``not more than 3 projects'';
and
(ii) by striking the semicolon and inserting
``; and''; and
(D) by adding at the end the following:
``(III) not more than 5 projects
that have been authorized for
construction, but did not receive the
authorization prior to the date of
enactment of this Act;''; and
(2) in paragraph (8), by striking ``2015 through 2019'' and
inserting ``2019 through 2023''.
SEC. 1138. SURPLUS WATER CONTRACTS AND WATER STORAGE AGREEMENTS.
Section 1046(c) of the Water Resources Reform and Development Act of
2014 (128 Stat. 1254) is amended--
(1) in paragraph (1)--
(A) by striking ``shall not charge a fee'' and
inserting the following: ``shall not--
``(A) charge a fee'';
(B) by striking ``Reservoirs.'' and inserting
``Reservoirs; or''; and
(C) by adding at the end the following:
``(B) assess a water storage fee with respect to any
water storage in the Upper Missouri Mainstem
Reservoirs.''; and
(2) in paragraph (3), by striking ``10'' and inserting
``12''.
SEC. 1139. POST-DISASTER WATERSHED ASSESSMENTS IN TERRITORIES OF
THE UNITED STATES.
Section 3025 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2267b) is amended by adding at the end the following:
``(e) Assessments in Territories of the United States.--
``(1) In general.--For any major disaster declared in a
territory of the United States before the date of enactment of
this subsection, all activities in the territory carried out or
undertaken pursuant to the authorities described in this section
shall be conducted at full Federal expense unless the President
determines that the territory has the ability to pay the cost
share for an assessment under this section without the use of
loans.
``(2) Territory defined.--In this subsection, the term
`territory of the United States' means an insular area specified
in section 1156(a)(1) of the Water Resources Development Act of
1986 (33 U.S.C. 2310(a)(1)).''.
SEC. 1140. EXPEDITED CONSIDERATION.
Section 7004(b)(4) of the Water Resources Reform and Development Act
of 2014 (128 Stat. 1374) is amended by striking ``December 31, 2018''
and inserting ``December 31, 2024''.
[[Page 132 STAT. 3785]]
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''.
[[Page 132 STAT. 3786]]
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
[[Page 132 STAT. 3787]]
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. <<NOTE: 33 USC 2326 note.>> BENEFICIAL USE OF DREDGED
SEDIMENT.
(a) <<NOTE: Easements. Determination.>> 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) <<NOTE: 33 USC 2282 note.>> Natural Infrastructure.--In
carrying out a feasibility report developed under section 905 of the
Water Resources Development Act of 1986 (33 U.S.C. 2282) for a project
for flood risk management or hurricane and storm damage risk reduction,
the Secretary shall consider the use of both traditional and natural
infrastructure alternatives, alone or in conjunction with each other, if
those alternatives are practicable.
SEC. 1150. REGIONAL SEDIMENT MANAGEMENT.
Section 204(a)(1)(A) of the Water Resources Development Act of 1992
(33 U.S.C. 2326(a)(1)(A)) is amended by inserting ``including a project
authorized for flood control,'' after ``an authorized Federal water
resources project,''.
SEC. 1151. OPERATION AND MAINTENANCE OF NAVIGATION AND
HYDROELECTRIC FACILITIES.
(a) In General.--Section 314 of the Water Resources Development Act
of 1990 (33 U.S.C. 2321) is amended--
(1) in the heading by inserting ``navigation and'' before
``hydroelectric facilities'';
[[Page 132 STAT. 3788]]
(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 <<NOTE: Reports.>> 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) <<NOTE: Determination.>> the results of the
Secretary's review of the study under subsection (b),
including a determination of whether the project is
feasible;
``(B) <<NOTE: Recommenda- tions.>> 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.
[[Page 132 STAT. 3789]]
``(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) <<NOTE: Compliance.>> 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
[[Page 132 STAT. 3790]]
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'';
[[Page 132 STAT. 3791]]
(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. <<NOTE: 33 USC 579f.>> 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) <<NOTE: Time period. Lists.>> In general.--
The Secretary, once every 2 years, shall compile and
publish--
``(i) a complete list of all projects and
separable elements of projects of the Corps of
Engineers that are authorized for construction but
have not been completed;
``(ii) a complete list of all feasibility
studies of the Corps of Engineers that Congress
has authorized the Secretary to carry out for
which a Report of the Chief of Engineers has not
been issued;
``(iii) a complete list of all environmental
infrastructure projects authorized by Congress
under section 219 of the Water Resources
Development Act of 1992 (106 Stat. 4835); and
``(iv) a list of major Federal operation and
maintenance needs of projects and properties under
the control of the Corps of Engineers.
``(B) Required information.--The Secretary shall
include on each list developed under clause (i), (ii),
or (iii) of subparagraph (A) for each feasibility study,
project, and separable element on that list--
``(i) the date of authorization of the
feasibility study, project, or separable element,
including any subsequent modifications to the
original authorization;
``(ii) the original budget authority for the
feasibility study, project, or separable element;
``(iii) a brief description of the feasibility
study, project, or separable element;
``(iv) <<NOTE: Estimate.>> the estimated date
of completion of the feasibility study, project,
or separable element, assuming all capability is
fully funded;
``(v) <<NOTE: Cost estimate.>> 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;
[[Page 132 STAT. 3792]]
``(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 <<NOTE: Estimates.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Web posting.>> 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.''.
[[Page 132 STAT. 3793]]
(b) Budgetary Evaluation Metrics and Transparency.--
Beginning <<NOTE: Effective date. President.>> 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) <<NOTE: Time period.>> 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
[[Page 132 STAT. 3794]]
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''.
[[Page 132 STAT. 3795]]
SEC. 1159. REGIONAL COALITIONS AND HIGHER EDUCATION.
Section 22(a) of the Water Resources Development Act of 1974 (42
U.S.C. 1962d-16(a)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) <<NOTE: Cooperation. Reports.>> 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
[[Page 132 STAT. 3796]]
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) <<NOTE: Determinations.>>
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) <<NOTE: 33 USC 701n note.>> 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) <<NOTE: Determinations.>> 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''.
[[Page 132 STAT. 3797]]
SEC. 1164. <<NOTE: Study. Determination. 42 USC 1962d-5b note.>>
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) <<NOTE: Definition.>> 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) <<NOTE: 33 USC 701h-2.>> 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
[[Page 132 STAT. 3798]]
(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. <<NOTE: 33 USC 578b.>> DISPOSITION OF PROJECTS.
(a) <<NOTE: Study.>> 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) <<NOTE: Publication.>> publishing the final disposition
studies.
(c) <<NOTE: Recommenda- tions.>> Removal of Infrastructure.--For
disposition studies described in subsection (a) in which the Secretary
determines that a Federal interest no longer exists, and makes a
recommendation of removal of the project or separable element of a
project, the Secretary is authorized, using existing authorities, to
pursue removal of the project or separable element of a project in
partnership with other Federal agencies and non-Federal entities with
appropriate capabilities to undertake infrastructure removal.
SEC. 1169. CONTRIBUTED FUNDS FOR NON-FEDERAL RESERVOIR OPERATIONS.
Section 5 of the Act of June 22, 1936 (33 U.S.C. 701h), is amended
by inserting after ``authorized purposes of the project:'' the
following: ``Provided further, That the Secretary is authorized to
receive and expend funds from an owner of a non-Federal reservoir to
formulate, review, or revise operational documents for any non-Federal
reservoir for which the Secretary is authorized to prescribe regulations
for the use of storage allocated for flood control or navigation
pursuant to section 7 of the Act of December 22, 1944 (33 U.S.C.
709):''.
SEC. 1170. WATERCRAFT INSPECTION STATIONS.
Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) is
amended--
(1) by amending subsection (b) to read as follows:
``(b) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out this section $110,000,000 for each fiscal year, of
which--
``(A) $30,000,000 shall be made available to carry
out subsection (d)(1)(A)(i);
[[Page 132 STAT. 3799]]
``(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) <<NOTE: Consultation.>> 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. <<NOTE: 33 USC 426i note.>> COASTAL EROSION.
(a) In General.--Pursuant to section 111 of the River and Harbor Act
of 1968 (33 U.S.C. 426i), the Secretary shall, to the maximum extent
practicable, complete operation and maintenance renourishment to
mitigate coastal erosion attributed to Federal project structures in the
upper northeast United States.
(b) Project Selection.--In carrying out the work under subsection
(a), the Secretary shall--
(1) identify and carry out not more than five projects--
(A) <<NOTE: State list.>> located in any of the
States of Maine, New Hampshire, Massachusetts,
Connecticut, Rhode Island, or New York; and
[[Page 132 STAT. 3800]]
(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) <<NOTE: Consultation.>> 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:
[[Page 132 STAT. 3801]]
(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. <<NOTE: 33 USC 2232 note.>> 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) <<NOTE: Determination.>> 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
[[Page 132 STAT. 3802]]
statement for a project under subsection (b), the Secretary shall follow
current USACE Policy, Regulations, and Guidance, to assess potential
adverse downstream impacts to the Pearl River Basin. Upon completion of
the Secretary's determination under subsection (b), the non-Federal
sponsor shall design the project in a manner that addresses any
potential adverse impacts or that provides mitigation in accordance with
section 906 of the Water Resources Development Act of 1986 (33 U.S.C.
2283).
(e) Sunset.--The authority to carry out the demonstration program
under this section shall terminate on the date that is 5 years after the
date of enactment of this Act.
(f) Savings Provision.--Nothing in this section supersedes,
precludes, or affects any applicable requirements for a project under
subsection (b) under--
(1) section 906 of the Water Resources Development Act of
1986 (33 U.S.C. 2283); or
(2) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
Subtitle B--Studies and Reports
SEC. 1201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.
The Secretary is authorized to conduct a feasibility study for the
following projects for water resources development and conservation and
other purposes, as identified in the reports titled ``Report to Congress
on Future Water Resources Development'' submitted to Congress on March
17, 2017, and February 5, 2018, respectively, pursuant to section 7001
of the Water Resources Reform and Development Act of 2014 (33 U.S.C.
2282d) or otherwise reviewed by Congress:
(1) Cave buttes dam, arizona.--Project for flood risk
management, Phoenix, Arizona.
(2) San diego river, california.--Project for flood risk
management, navigation, and ecosystem restoration, San Diego,
California.
(3) J. bennett johnston waterway, louisiana.--Project for
navigation, J. Bennett Johnston Waterway, Louisiana.
(4) Northshore, louisiana.--Project for flood risk
management, St. Tammany Parish, Louisiana.
(5) Ouachita-black rivers, louisiana.--Project for
navigation, Little River, Louisiana.
(6) Chautauqua lake, new york.--Project for ecosystem
restoration and flood risk management, Chautauqua, New York.
(7) Trinity river and tributaries, texas.--Project for
navigation, Liberty, Texas.
(8) West cell levee, texas.--Project for flood risk
management, Irving, Texas.
(9) Coastal virginia, virginia.--Project for flood risk
management, ecosystem restoration, and navigation, Coastal
Virginia.
(10) Tangier island, virginia.--Project for flood risk
management and ecosystem restoration, Tangier Island, Virginia.
[[Page 132 STAT. 3803]]
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) <<NOTE: Determination. State list.>> 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.
[[Page 132 STAT. 3804]]
(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) <<NOTE: Review. Determination.>> 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
[[Page 132 STAT. 3805]]
project for flood risk management, San Luis Rey River Flood Control
Protection Project, California.
(e) Huntingdon County, Pennsylvania.--
(1) In general.--The Secretary shall expedite the updating
of the master plan for the Juniata River and tributaries
project, Huntingdon County, Pennsylvania, authorized by section
203 of the Flood Control Act of 1962 (Public Law 87-874; 76
Stat. 1182).
(2) Process.--In carrying out subsection (a), the Secretary
shall update the master plan in accordance with section
1309(a)(2) of the Water Resources Development Act of 2016
(Public Law 114-322; 130 Stat. 1693).
(f) Upper Missouri River Basin Flood and Drought Monitoring.--The
Secretary shall expedite activities authorized under section 4003(a) of
the Water Resources Reform and Development Act of 2014 (128 Stat. 1311,
130 Stat. 1677).
(g) Project Modifications for Improvement of Environment.--For
fiscal years 2019 and 2020, the Secretary shall give priority to
projects that restore degraded ecosystems through modification of
existing flood risk management projects for projects--
(1) authorized under section 1135 of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a); and
(2) located within the Upper Missouri River Basin.
(h) Expedited Completion of Certain Projects.--It is the sense of
Congress that the Secretary should provide funding for, and expedite the
completion of, the following projects:
(1) West Haven, Connecticut, as authorized by section 101 of
the River and Harbor Act of 1954 (68 Stat. 1254) and section 3
of the Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33
U.S.C. 426g).
(2) Providence River, Rhode Island, as authorized by the
first section of the Act of August 26, 1937 (50 Stat. 845,
chapter 832) and section 301 of the River and Harbor Act of 1965
(79 Stat. 1089).
(3) Morganza to the Gulf, Louisiana, as authorized by
section 7002(3) of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1368).
(4) Louisiana Coastal Area, Louisiana, as authorized by
section 7002(5) of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1369).
(5) Louisiana Coastal Area-Barataria Basin Barrier,
Louisiana, as authorized by section 7002(5) of the Water
Resources Reform and Development Act of 2014 (128 Stat. 1370).
(6) West Shore Lake Pontchartrain, Louisiana, as authorized
by section 1401(3) of the Water Resources Development Act of
2016 (130 Stat. 1712).
(7) Southwest Coastal Louisiana, Louisiana, as authorized by
section 1401(8) of the Water Resources Development Act of 2016
(130 Stat. 1715).
(8) West Thompson Lake, Connecticut, as authorized by
section 203 of the Flood Control Act of 1960 (74 Stat. 489).
SEC. 1204. GAO STUDY ON BENEFIT-COST ANALYSIS REFORMS.
Not later <<NOTE: Deadline.>> than 1 year after the date of
enactment of this Act, the Comptroller General of the United States
shall--
[[Page 132 STAT. 3806]]
(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) <<NOTE: Review.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Public information.>> 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) <<NOTE: Deadline. Lists.>> 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.
[[Page 132 STAT. 3807]]
(4) Whether hydropower is an authorized purpose of the dam.
(c) <<NOTE: Public information.>> 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) <<NOTE: Consultation.>> in consultation with
the all appropriate Federal agencies, carry out a study
of all federally authorized ports and harbors, including
in the Mid-Atlantic, Gulf Coast, West Coast, Great
Lakes, and New England regions of the United States, to
identify--
(i) not less than three suitable federally
authorized ports and harbors in those regions that
could become innovative ports for offshore wind
development;
(ii) barriers to the development of innovative
ports for offshore wind development;
(iii) the Federal and State actions, including
dredging and construction of supporting
infrastructure, needed to facilitate the
development of the federally authorized ports and
harbors identified under clause (i) to become
innovative ports for offshore wind development;
and
(iv) <<NOTE: Recommenda- tions.>>
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;
[[Page 132 STAT. 3808]]
(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) <<NOTE: Recommenda- tions.>> 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 <<NOTE: Public information.>> than 180 days after the
date of enactment of this Act, the Secretary shall submit to Congress
and make publicly available a report that describes--
(1) the extent to which the Secretary has carried out
section 3 of the Act of March 2, 1945 (33 U.S.C. 603a); and
(2) how the Secretary has evaluated potential work to be
carried out under that section.
SEC. 1211. CORPS FLOOD POLICY WITHIN URBAN AREAS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall report to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate on--
(1) flooding within urban floodplains; and
(2) the Federal policy constraints on the ability of the
Secretary to address urban flooding, including the regulations
under part 238 of title 33, Code of Federal Regulations (as in
effect on the date of enactment of this Act) (including the
limitation under section 238.7(a)(1) of that title that allows
the Secretary to provide assistance only where the flood
discharge of a stream or waterway within an urban area is
greater than 800 cubic feet per second for the 10-percent
flood).
SEC. 1212. FEASIBILITY STUDIES FOR MITIGATION OF DAMAGE.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall submit to the Committee on Transportation
[[Page 132 STAT. 3809]]
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that identifies--
(1) feasibility studies that are incomplete as of the date
of enactment of this Act for a project for mitigation of damage
to an area affected by weather or other events for which--
(A) during the 8-year period ending on the date of
enactment of this Act--
(i) the Secretary provided emergency response
under section 5 of the Act of August 18, 1941 (33
U.S.C. 701n); or
(ii) the area received assistance under the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.); and
(B) there is significant risk for future similar
events (as determined by the Secretary); and
(2) for each feasibility study identified under paragraph
(1), impediments to completing the study.
SEC. 1213. APPLICATIONS OF MILITARY LEASING AUTHORITIES.
Not later <<NOTE: Deadline.>> than 2 years after the date of
enactment of this Act, the Secretary shall--
(1) complete a study on the application of section 2667 of
title 10, United States Code, enhanced use leasing authorities,
and other military leasing authorities to the civil works
program of the Secretary; and
(2) submit to Congress a report on the results of the study
under paragraph (1), including a description of the obstacles
that must be removed so that the Assistant Secretary of the Army
for Civil Works may implement the authorities.
SEC. 1214. COMMUNITY ENGAGEMENT.
(a) Report.--Not later than 2 years after the date of enactment of
this section, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report on
any potential disproportionate and adverse health or environmental
effects of programs, policies, and activities of the Corps of Engineers
related to water resources development projects on minority communities,
low-income communities, rural communities, and Indian Tribes.
(b) Consultation.--In preparing the report under subsection (a), the
Secretary shall provide public and private meetings with representatives
of minority communities, low-income communities, rural communities, and
Indian Tribes, as well as representatives of State and local
governments, and shall ensure that sufficient meetings are held in
different geographic regions of the United States to ensure that a
diversity of views are obtained.
(c) Recommendations.--The report submitted under subsection (a)
shall include--
(1) the identification of any disproportionate and adverse
health or environmental effects to the communities and Tribes;
and
(2) any recommendations of the Secretary for addressing such
effects, including recommended changes to the statutory or
regulatory authorities of the Corps of Engineers, or changes to
the policies or guidance of the Corps of Engineers.
[[Page 132 STAT. 3810]]
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) <<NOTE: Time periods.>> 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 <<NOTE: Consultation.>> 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.
[[Page 132 STAT. 3811]]
SEC. 1219. GREAT LAKES COASTAL RESILIENCY STUDY.
(a) In General.--The Secretary shall carry out a comprehensive
assessment of the water resources needs of the Great Lakes System under
section 729 of the Water Resources Development Act of 1986 (33 U.S.C.
2267a).
(b) Cooperation.--In carrying out the assessment pursuant to
subsection (a), the Secretary shall cooperate with stakeholders and
coordinate with all ongoing programs and projects of the Great Lakes
Restoration Initiative under section 118(c)(7) of the Federal Water
Pollution Control Act (33 U.S.C. 1268).
(c) Definitions.--The term ``Great Lakes System'' has the meaning
given such term in section 118(a) of the Federal Water Pollution Control
Act (33 U.S.C. 1268(a)).
SEC. 1220. MCMICKEN DAM, ARIZONA, AND MUDDY RIVER, MASSACHUSETTS.
(a) Report.--The Secretary shall submit a report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment on Public Works of the Senate on the status
of--
(1) the project at McMicken Dam, Arizona, authorized by
section 304 of the Act of August 7, 1953 (67 Stat. 450); and
(2) the project for flood damage reduction and environmental
restoration, Muddy River, Brookline and Boston, Massachusetts,
authorized by section 522 of the Water Resources Development Act
of 2000 (114 Stat. 2656).
(b) Requirements.--The report under subsection (a) shall include a
description of the reasons of the Secretary for deauthorizing the
projects described in subsection (a).
SEC. 1221. TABLE ROCK LAKE, ARKANSAS AND MISSOURI.
Not later than 120 days after the date of enactment of this Act, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report on the
implementation of section 1185(c) of the Water Resources Development Act
of 2016 (130 Stat. 1680).
SEC. 1222. FORECAST-INFORMED RESERVOIR OPERATIONS.
(a) Report on Forecast-Informed Reservoir Operations.--Not later
than 1 year after the date of completion of the forecast-informed
reservoir operations research study pilot program at Coyote Valley Dam,
Russian River Basin, California (authorized by the River and Harbor Act
of 1950 (64 Stat. 177)), the Secretary shall issue a report to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of the
Senate on the results of the study pilot program.
(b) Contents of Report.--The Secretary shall include in the report
issued under subsection (a)--
(1) <<NOTE: Analysis.>> an analysis of the use of forecast-
informed reservoir operations at Coyote Valley Dam, California;
(2) <<NOTE: Assessment.>> 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
[[Page 132 STAT. 3812]]
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) <<NOTE: Plans.>> Considerations.--In carrying out a
disposition study with respect to the Upper St. Anthony Falls Lock and
Dam, including a disposition study under section 216 of the Flood
Control Act of 1970 (33 U.S.C. 549a), the Secretary shall expedite
completion of such study and shall produce a report on the Upper St.
Anthony Falls Lock and Dam that is separate from any report on any other
lock or dam included in such study that includes plans for--
``(1) carrying out modifications to the Upper St. Anthony
Falls Lock and Dam to--
``(A) preserve and enhance recreational
opportunities and the health of the ecosystem; and
``(B) maintain the benefits to the natural ecosystem
and human environment;
``(2) a partial disposition of the Upper St. Anthony Falls
Lock and Dam facility and surrounding real property that
preserves any portion of the Upper St. Anthony Falls Lock and
Dam necessary to maintain flood control; and
``(3) expediting the disposition described in this
subsection.
``(e) Contributed Funds.--The Secretary shall accept and expend
funds to carry out the study described in subsection (d)
[[Page 132 STAT. 3813]]
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
[[Page 132 STAT. 3814]]
(C) the expected date of completion of the execution
of the contract.
Subtitle C--Deauthorizations, Modifications, and Related Provisions
SEC. 1301. <<NOTE: 33 USC 579d-1.>> 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) <<NOTE: Deadline.>> 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
[[Page 132 STAT. 3815]]
(B) <<NOTE: Federal Register, publication.>>
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) <<NOTE: Determination.>> 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
[[Page 132 STAT. 3816]]
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 <<NOTE: Deadline.>> 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) <<NOTE: Federal Register, publication.>>
publish the final deauthorization list and the appendix
to the final deauthorization list in the Federal
Register.
(d) Deauthorization; Congressional Review.--
(1) <<NOTE: Time period.>> In general.--After the
expiration of the 180-day period beginning on the date of
submission of the final deauthorization list and appendix under
subsection (c), a project or separable element of a project
identified in the final deauthorization list is hereby
deauthorized, unless Congress passes a joint resolution
disapproving the final deauthorization list prior to the end of
such period.
(2) Non-federal contributions.--
(A) In general.--A project or separable element of a
project identified in the final deauthorization list
under subsection (c) shall not be deauthorized under
this subsection if, before the expiration of the 180-day
period referred to in paragraph (1), the non-Federal
interest for the project or separable element of the
project provides sufficient funds to complete the
project or separable element of the project.
(B) Treatment of projects.--Notwithstanding
subparagraph (A), each project and separable element of
a project identified in the final deauthorization list
shall be treated as deauthorized for purposes of the
aggregate deauthorization amount specified in subsection
(c)(2)(A).
(3) Projects identified in appendix.--A project or separable
element of a project identified in the appendix to the final
deauthorization list shall remain subject to future
deauthorization by Congress.
(e) Special Rule for Projects Receiving Funds for Post-Authorization
Study.--A project <<NOTE: Time period.>> 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);
[[Page 132 STAT. 3817]]
(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. <<NOTE: 33 USC 579c-2.>> BACKLOG PREVENTION.
(a) Project Deauthorization.--
(1) <<NOTE: Time period.>> 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) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Public information.>> 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) <<NOTE: Lists.>> 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) <<NOTE: Schedule.>> a schedule for the completion of
the projects based on expected levels of appropriations;
(4) <<NOTE: Projections.>> a 5-year and 10-year projection
of construction backlog; and
(5) <<NOTE: Recommenda- tions.>> any recommendations to
Congress regarding how to mitigate the backlog.
[[Page 132 STAT. 3818]]
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,
[[Page 132 STAT. 3819]]
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) <<NOTE: Reports.>> In general.--The project authorized
by subsection (a) may be constructed only after the Secretary
prepares a report that addresses the concerns, recommendations,
and conditions identified by the Secretary in the review
assessment titled ``Review Assessment of South Florida Water
Management District's Central Everglades Planning Project,
Section 203 Post Authorization Change Report, Integrated
Feasibility Study and DRAFT Environmental Impact Statement
(March 2018, Amended May 2018)'' and dated May 2018.
(2) Expedited completion.--The Secretary shall expedite the
completion of the report under paragraph (1) and shall complete
such report not later than 90 days after the date of enactment
of this section.
(c) Consultation.--In reviewing the report identified in subsection
(a), and completing the report identified in subsection (b), the
Secretary shall consult with the South Florida Water Management District
on any project modifications.
(d) Consideration.--Nothing in this section shall be construed to
delay the design, construction, and implementation of components and
features of the project for ecosystem restoration, Central Everglades,
authorized by section 1401(4) of the Water Resources Development Act of
2016 (130 Stat. 1713), that are not directly affected by the project
authorized by subsection (a).
SEC. 1309. KISSIMMEE RIVER RESTORATION, FLORIDA.
The Secretary may credit work performed or to be performed by the
non-Federal sponsor of the project for ecosystem restoration, Kissimmee
River, Florida, authorized by section 101(8) of the Water Resources
Development Act of 1992 (106 Stat. 4802), as an in-kind contribution
under section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b(a)(4)), in accordance with the report of the Director of Civil
Works relating to the Central and Southern Florida Project, Kissimmee
River Restoration Project, dated April
[[Page 132 STAT. 3820]]
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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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
[[Page 132 STAT. 3821]]
(2) in subsection (c), by adding at the end the following:
``(5) <<NOTE: Determination.>> 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
[[Page 132 STAT. 3822]]
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;
[[Page 132 STAT. 3823]]
(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) <<NOTE: State list.>> located in any of the States of
Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island,
or Vermont; and
(2) necessary for evacuation during an extreme weather
event, as determined by the Secretary.
SEC. 1316. PLYMOUTH HARBOR, MASSACHUSETTS.
The Secretary shall expedite and complete the dredging of Plymouth
Harbor, Massachusetts, as authorized by the Act of March 4, 1913 (37
Stat. 802, chapter 144) and the Act of September 22, 1922 (42 Stat.
1038, chapter 427).
SEC. 1317. PORTSMOUTH HARBOR AND PISCATAQUA RIVER.
The Secretary shall expedite the project for navigation for
Portsmouth Harbor and the Piscataqua River authorized by section 101 of
the River and Harbor Act of 1962 (76 Stat. 1173).
SEC. 1318. MISSOURI RIVER AND TRIBUTARIES AT KANSAS CITIES,
MISSOURI AND KANSAS.
The Secretary shall align the schedules of, and maximize
complimentary efforts, minimize duplicative practices, and ensure
coordination and information sharing with respect to--
(1) the project for flood damage reduction, Argentine, East
Bottoms, Fairfax-Jersey Creek, and North Kansas Levees Units,
Missouri River and tributaries at Kansas Cities, Missouri and
Kansas, authorized by section 1001(28) of the Water Resources
Development Act of 2007 (121 Stat. 1054); and
(2) the project for flood risk management, Armourdale and
Central Industrial District Levee Units, Missouri River and
[[Page 132 STAT. 3824]]
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.
[[Page 132 STAT. 3825]]
SEC. 1321. FARGO-MOORHEAD METROPOLITAN AREA DIVERSION PROJECT,
NORTH DAKOTA.
(a) <<NOTE: Effective date.>> 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.
[[Page 132 STAT. 3826]]
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. <<NOTE: State list. Territories.>> PROJECT COMPLETION
FOR DISASTER AREAS.
The Secretary shall expeditiously carry out any project for flood
risk management or hurricane and storm damage risk reduction authorized
as of the date of enactment of this Act to be carried out by the
Secretary in Texas, Florida, Georgia, Louisiana, South Carolina, the
Commonwealth of Puerto Rico, or the United States Virgin Islands.
SEC. 1328. FEDERAL ASSISTANCE.
(a) In General.--In accordance with the requirements of subsection
(b), the Secretary is authorized to provide assistance for the operation
and maintenance of a flood risk reduction project in the Red River Basin
of the North that was constructed, prior to the date of enactment of
this Act, under section 5(a) of the Act of August 18, 1941 (33 U.S.C.
701n(a)).
(b) Condition.--The Secretary may provide the assistance authorized
by subsection (a) for a project that, as determined by the Secretary,
becomes permanent due to the extended presence of assistance from the
Secretary under section 5(a) of the Act of August 18, 1941 (33 U.S.C.
701n(a)).
(c) Termination.--The authority to provide assistance under this
section terminates on the date that is 4 years after the date of
enactment of this section.
[[Page 132 STAT. 3827]]
SEC. 1329. EXPEDITED INITIATION.
Section 1322(b)(2) of the Water Resources Development Act of 2016
(130 Stat. 1707) is amended, in the matter preceding subparagraph (A),
by inserting ``or, in a case in which a general reevaluation report for
the project is required, if such report has been submitted for
approval,'' after ``completed report,''.
SEC. 1330. PROJECT DEAUTHORIZATION AND STUDY EXTENSIONS.
(a) Project Deauthorizations.--Section 6003(a) of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 579c(a)) is
amended--
(1) by striking ``7-year period'' each place it appears and
inserting ``10-year period''; and
(2) by adding at the end the following:
``(3) Calculation.--In calculating the time period under
paragraph (1), the Secretary shall not include any period of
time during which the project is being reviewed and awaiting
determination by the Secretary to implement a locally preferred
plan for that project under section 1036(a).
``(4) Exception.--The Secretary shall not deauthorize any
project during the period described in paragraph (3).''.
(b) Study Extensions.--Section 1001(d)(4) of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2282c(d)(4)) is amended by
striking ``7 years'' and inserting ``10 years''.
SEC. 1331. CONVEYANCES.
(a) Cheatham County, Tennessee.--
(1) Conveyance authorized.--The Secretary may convey to
Cheatham County, Tennessee (in this subsection referred to as
the ``Grantee''), all right, title, and interest of the United
States in and to the real property in Cheatham County,
Tennessee, consisting of approximately 9.19 acres, identified as
portions of tracts E-514-1, E-514-2, E-518-1, E-518-2, E-519-1,
E-537-1, and E-538, all being part of the Cheatham Lock and Dam
project at CRM 158.5, including any improvements thereon.
(2) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States, to include retaining the
right to inundate with water any land transferred under this
subsection.
(3) Consideration.--The Grantee shall pay to the Secretary
an amount that is not less than the fair market value of the
land conveyed under this subsection, as determined by the
Secretary.
(4) Subject to existing easements and other interests.--The
conveyance of property under this section shall be subject to
all existing easements, rights-of-way, and leases that are in
effect as of the date of the conveyance.
(b) Nashville, Tennessee.--
(1) Conveyance authorized.--The Secretary may convey,
without consideration, to the City of Nashville, Tennessee (in
this subsection referred to as the ``City''), all right, title,
and interest of the United States in and to the real property
covered by Lease No. DACW62-1-84-149, including any improvements
[[Page 132 STAT. 3828]]
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) <<NOTE: Effective date.>> 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.
[[Page 132 STAT. 3829]]
(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) <<NOTE: Determination.>> Reversion.--If the
Secretary determines that the real property conveyed
under paragraph (1) ceases to be held in public
ownership or the city ceases to operate, maintain, and
manage the real property in accordance with this
subsection, all right, title, and interest in and to the
property shall revert to the United States, at the
option of the Secretary.
(3) Property.--The property to be conveyed is composed of
the following three parcels of land:
(A) Parcel 1.--All that tract or parcel of land
lying and being in Land Lots 226. and 228, Fifteenth
Land District, and Land Lots 319, 320, 321, 322, 323 and
358, Twentieth Land District, Decatur County, Georgia,
more particularly described as follows:
Beginning at a concrete monument stamped ``358''
which is 950 feet, more or less, North of the South line
and 600 feet, more or less, West of the East line of
said Land Lot 358, at a corner of a tract of land owned
by the United States of America at Lake Seminole and at
plane coordinate position North 318,698.72 feet and East
360,033.38 feet based on Transverse Mercator Projection,
Georgia West Zone;
Thence Due West 75 feet, more or less, to the
contour at elevation 77.0 feet above Mean Sea Level;
Thence Northeasterly along the meanders of said 77.0
foot contour a distance of 20,600 feet, more or less, to
the mouth of the entrance channel to the arena and boat
basin;
Thence N 75 E 150 feet, more or less, to another
point on said 77.0 foot contour;
[[Page 132 STAT. 3830]]
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'';
[[Page 132 STAT. 3831]]
S 37 13' W 1,403.8 feet to a concrete
monument stamped ``322/319'';
S 37 13' W 2,771.4 feet to a concrete
monument stamped ``322/323'';
S 37 13' W 1,459.2 feet;
N 89 04' W 578.9 feet;
S 53 42' W 367.7 feet;
S 43 42' W 315.3 feet;
S 26 13' W 654.9 feet, more or less, to the
point of beginning.
Containing 550.00 acres, more or less, and being a
part of Tracts L-1105 and L-1106 of Lake Seminole.
(B) Parcel 2.--All that tract or parcel of land
lying and lying and being in Land Lot 226, Fifteenth
Land District, Decatur County, Georgia, more
particularly described as follows:
Beginning at a point which is on the East right-of-
way line of the Seaboard Airline Railroad, 215 feet
North of the South end of the trestle over the Flint
River, and at a corner of a tract of land owned by the
United States of America at Lake Seminole;
Thence Southeasterly along the boundary of said
United States tract which is along a curve to the right
a distance of 485 feet, more or less, to a point which
is 340 feet, more or less, S 67 00' E from the South
end of said trestle, and at a corner of said United
States tract;
Thence N 70 00' E along the boundary of said United
States tract 60.0 feet to a corner of said tract;
Thence Northerly along the boundary of said United
States tract which is along a curve to the right a
distance of 525 feet, more or less, to a corner of said
tract;
Thence S 05 00' W along the boundary of said United
States tract 500.0 feet to a corner of said tract;
Thence Due West along the boundary of said United
States tract 370 feet, more or less, to a point which is
on the East right-of-way line of said railroad and at a
corner of said United States tract;
Thence N 13 30' W along the boundary of said United
States tract which is along the East right-of-way line
of said railroad a distance of 310 feet, more or less,
to the point of beginning.
Containing 3.67 acres, more or less, and being all
of Tract L-1124 of Lake Seminole.
Parcels 1 and 2 contain in the aggregate 553.67
acres, more or less.
(C) Parcel 3.--All that tract or panel of land lying
and being in Land Lot 225, Fifteenth Land District,
Decatur County, Georgia, more particularly described as
follows:
Beginning at an iron marker designated ``225/226/'',
which is on the South line and 500 feet, more or less,
West of the Southeast corner of said Land Lot 225 at a
corner of a tract of land owned by the United States of
America at Lake Seminole and at plane coordinate
position North 330,475.82 feet and East 370,429.36 feet,
based on Transverse Mercator Projection, Georgia West
Zone;
[[Page 132 STAT. 3832]]
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
[[Page 132 STAT. 3833]]
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) <<NOTE: Deadline.>> 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
[[Page 132 STAT. 3834]]
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) <<NOTE: Determination.>> Survey to obtain legal
description.--The exact acreage and the legal description of any
real property to be conveyed under this section shall be
determined by a survey that is satisfactory to the Secretary.
(2) Applicability of property screening provisions.--Section
2696 of title 10, United States Code, shall not apply to any
conveyance under this section.
(3) Additional terms and conditions.--The Secretary may
require that any conveyance under this section be subject to
such additional terms and conditions as the Secretary considers
necessary and appropriate to protect the interests of the United
States.
(4) Costs of conveyance.--An entity to which a conveyance is
made under this section shall be responsible for all reasonable
and necessary costs, including real estate transaction and
environmental documentation costs, associated with the
conveyance.
(5) Liability.--An entity to which a conveyance is made
under this section shall hold the United States harmless from
any liability with respect to activities carried out, on or
after the date of the conveyance, on real property conveyed. The
United States shall remain responsible for any liability with
respect to activities carried out, before such date, on the real
property conveyed.
SEC. 1332. REPORT ON FUTURE WATER RESOURCES DEVELOPMENT.
(a) Programmatic Modification.--Section 7001 of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2282d(a)) is amended--
(1) in subsection (a) by adding at the end the following:
``(4) Programmatic modifications.--Any programmatic
modification for an environmental infrastructure assistance
program.'';
(2) in subsection (b)(1) by striking ``studies and proposed
modifications to authorized water resources development projects
and feasibility studies'' and inserting ``studies, proposed
modifications to authorized water resources development projects
and feasibility studies, and proposed modifications for an
environmental infrastructure program'';
(3) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(4) by inserting after subsection (c) the following:
``(d) Programmatic Modifications in Annual Report.--The Secretary
shall include in the annual report only proposed modifications for an
environmental infrastructure assistance program that have not been
included in any previous annual report. For each proposed modification,
the Secretary shall include a letter or statement of support for the
proposed modification from each associated non-Federal interest,
description of assistance provided, and total Federal cost of assistance
provided.''; and
(5) by striking subsection (c)(4) and inserting the
following:
[[Page 132 STAT. 3835]]
``(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) <<NOTE: 33 USC 579a note.>> 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.--
[[Page 132 STAT. 3836]]
------------------------------------------------------------------------
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
------------------------------------------------------------------------
[[Page 132 STAT. 3837]]
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 132 STAT. 3838]]
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.--
[[Page 132 STAT. 3839]]
------------------------------------------------------------------------
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
[[Page 132 STAT. 3840]]
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. <<NOTE: 42 USC 300j-3c note.>> INDIAN RESERVATION
DRINKING WATER PROGRAM.
(a) In General.--Subject to the availability of appropriations, the
Administrator of the Environmental Protection Agency shall carry out a
program to implement--
(1) 10 eligible projects described in subsection (b) that
are within the Upper Missouri River Basin; and
(2) 10 eligible projects described in subsection (b) that
are within the Upper Rio Grande Basin.
(b) Eligible Projects.--A project eligible to participate in the
program under subsection (a) is a project--
(1) that is on a reservation (as defined in section 3 of the
Indian Financing Act of 1974 (25 U.S.C. 1452)) that serves a
federally recognized Indian Tribe; and
(2) the purpose of which is to connect, expand, or repair an
existing public water system, as defined in section 1401(4) of
the Safe Drinking Water Act (42 U.S.C. 300f(4)), in order to
improve water quality, water pressure, or water services.
(c) Requirement.--In carrying out the program under subsection
(a)(1), the Administrator of the Environmental Protection Agency shall
select not less than one eligible project for a reservation that serves
more than one federally recognized Indian Tribe.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the program under subsection (a) $20,000,000
for each of fiscal years 2019 through 2022.
SEC. 2002. CLEAN, SAFE, RELIABLE WATER INFRASTRUCTURE.
Section 1452(k) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(k)) is amended--
(1) in paragraph (1)(D), by inserting ``and for the
implementation of efforts (other than actions authorized under
[[Page 132 STAT. 3841]]
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. <<NOTE: 42 USC 300j-19c.>> 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) <<NOTE: Deadline. Consultation.>> 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.
[[Page 132 STAT. 3842]]
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) <<NOTE: Notification. Deadline.>> 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) <<NOTE: Definition.>> Resilience and natural
hazard.--The terms `resilience' and `natural hazard' have the
meaning given such terms in section 1433(h).
``(2) <<NOTE: Grants.>> 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,
[[Page 132 STAT. 3843]]
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) <<NOTE: Proposal.>> 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) <<NOTE: Effective date.>> 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
[[Page 132 STAT. 3844]]
care programs under the jurisdiction of the grant
recipient;
``(ii) to assist in identifying and applying
for other Federal and State grant programs that
may assist the grant recipient in eliminating lead
contamination described in clause (i);
``(iii) to provide information on other
financing options in eliminating lead
contamination described in clause (i); and
``(iv) to connect grant recipients with
nonprofit and other organizations that may be able
to assist with the elimination of lead
contamination described in clause (i).'';
(2) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively;
(3) by inserting after paragraph (3) the following
paragraph:
``(4) Priority.--In making grants under this subsection, the
Administrator shall give priority to States and local
educational agencies that will assist in voluntary testing for
lead contamination in drinking water at schools and child care
programs that are in low-income areas.''; and
(4) in paragraph (8) (as redesignated by paragraph (2) of
this section)--
(A) by striking ``is authorized'' and inserting
``are authorized''; and
(B) by striking ``2021'' and inserting ``2019, and
$25,000,000 for each of fiscal years 2020 and 2021''.
(b) Drinking Water Fountain Replacement for Schools.--
(1) In general.--Part F of the Safe Drinking Water Act (42
U.S.C. 300j-21 et seq.) is amended by adding at the end the
following:
``SEC. 1465. <<NOTE: 42 USC 300j-25.>> DRINKING WATER FOUNTAIN
REPLACEMENT FOR SCHOOLS.
``(a) <<NOTE: Deadline.>> 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
[[Page 132 STAT. 3845]]
drinking water fountain'' after ``water cooler'' each place it
appears.
SEC. 2007. <<NOTE: 42 USC 300j-1a.>> 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) <<NOTE: Public information. Web posting.>> 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.
[[Page 132 STAT. 3846]]
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) <<NOTE: Deadline. Consultation. Regulations.>>
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;
[[Page 132 STAT. 3847]]
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) entering into a contractual agreement for
significant management or administrative functions of
the system to correct violations identified in the
plan.''.
(b) Technical Amendment.--Section 1414(i)(1) of the Safe Drinking
Water Act (42 U.S.C. 300g-3(i)(1)) is amended by inserting a comma after
``1417''.
SEC. 2010. ADDITIONAL CONSIDERATIONS FOR COMPLIANCE.
(a) Mandatory Assessment.--Subsection (h) of section 1414 of the
Safe Drinking Water Act (42 U.S.C. 300g-3) is amended by adding at the
end the following:
``(3) Authority for mandatory assessment.--
``(A) Authority.--A State with primary enforcement
responsibility or the Administrator (if the State does
not have primary enforcement responsibility) may require
the owner or operator of a public water system to assess
options for consolidation, or transfer of ownership of
the system, as described in paragraph (1), or other
actions expected to achieve compliance with national
primary drinking water regulations described in clause
(i)(I), if--
``(i) the public water system--
``(I) has repeatedly violated one or
more national primary drinking water
regulations and such repeated violations
are likely to adversely affect human
health; and
``(II)(aa) is unable or unwilling to
take feasible and affordable actions, as
determined by the State with primary
enforcement responsibility or the
Administrator (if the State does not
have primary enforcement
responsibility), that will result in the
public water system complying with the
national primary drinking water
regulations described in subclause (I),
including accessing technical assistance
and financial assistance through the
State loan fund pursuant to section
1452; or
``(bb) has already undertaken
actions described in item (aa) without
achieving compliance;
``(ii) such consolidation, transfer, or other
action is feasible; and
``(iii) such consolidation, transfer, or other
action could result in greater compliance with
national primary drinking water regulations.
``(B) Tailoring of assessments.--Requirements for
any assessment to be conducted pursuant to subparagraph
(A) shall be tailored with respect to the size, type,
and characteristics, of the public water system to be
assessed.
``(C) Approved entities.--An assessment conducted
pursuant to subparagraph (A) may be conducted by an
entity approved by the State requiring such assessment
(or the Administrator, if the State does not have
primary enforcement responsibility), which may include
such State (or the Administrator, as applicable), the
public water system, or a third party.
[[Page 132 STAT. 3848]]
``(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) <<NOTE: Plans.>> 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) <<NOTE: Deadline.>> 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''.
[[Page 132 STAT. 3849]]
(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) <<NOTE: Deadline. Coordination.>> 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) <<NOTE: Summary.>> 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:
[[Page 132 STAT. 3850]]
``(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) <<NOTE: Deadline. Review.>> 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.
[[Page 132 STAT. 3851]]
``(2) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Time period. Determination.>> Review
and revision.--Each community water system described in
paragraph (1) shall review the assessment of such system
conducted under such paragraph at least once every 5
years after the applicable deadline for submission of
its certification under subparagraph (A) to determine
whether such assessment should be revised. Upon
completion of such a review, the community water system
shall submit to the Administrator a certification that
the system has reviewed its assessment and, if
applicable, revised such assessment.
``(4) Contents of certifications.--A certification required
under paragraph (3) shall contain only--
``(A) information that identifies the community
water system submitting the certification;
``(B) the date of the certification; and
``(C) a statement that the community water system
has conducted, reviewed, or revised the assessment, as
applicable.
``(5) Provision to other entities.--No community water
system shall be required under State or local law to provide an
assessment described in this section (or revision thereof) to
any State, regional, or local governmental entity solely by
reason of the requirement set forth in paragraph (3) that the
system submit a certification to the Administrator.
``(b) Emergency Response Plan.--Each community water system serving
a population greater than 3,300 shall prepare or revise, where
necessary, an emergency response plan that incorporates findings of the
assessment conducted under subsection (a) for such system (and any
revisions thereto). <<NOTE: Certification. Deadline.>> 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
[[Page 132 STAT. 3852]]
of the assessment under subsection (a), that the system has completed
such plan. <<NOTE: Procedures.>> 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) <<NOTE: Strategies.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Certification.>> 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).
[[Page 132 STAT. 3853]]
``(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
[[Page 132 STAT. 3854]]
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) <<NOTE: 42 USC 300i-2 note.>> 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) <<NOTE: Strategy. Timeframe.>> 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) <<NOTE: Applicability.>> 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:
[[Page 132 STAT. 3855]]
``(2) Total amount of subsidies.--For each fiscal year, of
the amount of the capitalization grant received by the State for
the year, the total amount of loan subsidies made by a State
pursuant to paragraph (1)--
``(A) may not exceed 35 percent; and
``(B) to the extent that there are sufficient
applications for loans to communities described in
paragraph (1), may not be less than 6 percent.''.
(d) Types of Assistance.--Section 1452(f)(1) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(f)(1)) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) <<NOTE: Deadlines.>> 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--
[[Page 132 STAT. 3856]]
``(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) <<NOTE: Deadline.>> 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. <<NOTE: 42 USC 300j-19d. Consultation.>> 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
[[Page 132 STAT. 3857]]
``(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) <<NOTE: Public information.>> 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
[[Page 132 STAT. 3858]]
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) <<NOTE: Study. Consultation.>> Report.--Not later than 1 year
after the date of enactment of this Act, the Comptroller General shall
submit to Congress a report containing the results of a study, to be
conducted in consultation with the Administrator of the Environmental
Protection Agency, any State agency that has primary responsibility to
enforce the requirements of the Safe Drinking Water Act (42 U.S.C. 300f
et seq.) in a State, and public water systems, to identify
demonstrations of compliance with a State or local environmental law
that may be substantially equivalent to any demonstration required by
the Administrator for compliance with a Federal cross-cutting
requirement.
(b) Definitions.--In this subsection:
(1) Federal cross-cutting requirement.--The term ``Federal
cross-cutting requirement'' means a requirement of a Federal law
or regulation, compliance with which is a condition on receipt
of a loan or loan guarantee pursuant to section 1452 of the Safe
Drinking Water Act (42 U.S.C. 300j-12), that, if applied with
respect to projects and activities for which a public water
system receives such a loan or loan guarantee,
[[Page 132 STAT. 3859]]
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. <<NOTE: 42 USC 300j-12 note.>> 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)).
[[Page 132 STAT. 3860]]
(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) <<NOTE: Time periods.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Cost estimate.>> 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.
[[Page 132 STAT. 3861]]
(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) <<NOTE: Determination.>> 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''.
[[Page 132 STAT. 3862]]
SEC. 2022. AMERICAN IRON AND STEEL PRODUCTS.
Section 1452(a)(4)(A) of the Safe Drinking Water Act (42 U.S.C.
300j-12(a)(4)(A)) is amended by striking ``fiscal year 2017'' and
inserting ``fiscal years 2019 through 2023''.
SEC. 2023. AUTHORIZATION FOR CAPITALIZATION GRANTS TO STATES FOR
STATE DRINKING WATER TREATMENT REVOLVING
LOAN FUNDS.
Section 1452(m) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(m)) is amended--
(1) by striking the first sentence and inserting the
following:
``(1) There are authorized to be appropriated to carry out
the purposes of this section--
``(A) $1,174,000,000 for fiscal year 2019;
``(B) $1,300,000,000 for fiscal year 2020; and
``(C) $1,950,000,000 for fiscal year 2021.'';
(2) by striking ``To the extent amounts authorized to be''
and inserting the following:
``(2) To the extent amounts authorized to be''; and
(3) by striking ``(prior to the fiscal year 2004)''.
TITLE III--ENERGY
SEC. 3001. MODERNIZING AUTHORIZATIONS FOR NECESSARY HYDROPOWER
APPROVALS.
(a) Preliminary Permits.--Section 5 of the Federal Power Act (16
U.S.C. 798) is amended--
(1) in subsection (a), by striking ``three'' and inserting
``4''; and
(2) in subsection (b)--
(A) by striking ``Commission may extend the period
of a preliminary permit once for not more than 2
additional years beyond the 3 years'' and inserting the
following: ``Commission may--
``(1) <<NOTE: Extensions. Time periods.>> 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) <<NOTE: 16 USC 803 note.>> 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--
[[Page 132 STAT. 3863]]
(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. <<NOTE: 16 USC 823e.>> PROMOTING HYDROPOWER
DEVELOPMENT AT EXISTING NONPOWERED DAMS.
``(a) Expedited Licensing Process for Non-Federal Hydropower
Projects at Existing Nonpowered Dams.--
``(1) <<NOTE: Determination.>> 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) <<NOTE: Deadline. Regulations.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Procedures.>> 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
[[Page 132 STAT. 3864]]
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) <<NOTE: Deadline. Lists.>> 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;
[[Page 132 STAT. 3865]]
``(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. <<NOTE: 16 USC 823f.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Coordination.>> Interagency task force.--In
establishing the expedited process under this section, the
Commission shall convene an interagency task force, with
appropriate Federal and State agencies and Indian tribes
represented, to coordinate the regulatory processes associated
with the authorizations required to construct and operate
closed-loop pumped storage projects.
``(4) Length of process.--The Commission shall seek to
ensure that the expedited process under this section will result
in final decision on an application for a license by not later
than 2 years after receipt of a completed application for such
license.
[[Page 132 STAT. 3866]]
``(b) <<NOTE: Assessment.>> 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). <<NOTE: Reimbursement.>>
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
[[Page 132 STAT. 3867]]
``(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) <<NOTE: Deadlines.>> 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. <<NOTE: 16 USC 823g.>> CONSIDERATIONS FOR RELICENSING
TERMS.
``(a) <<NOTE: Determination.>> 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
[[Page 132 STAT. 3868]]
``(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). <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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
[[Page 132 STAT. 3869]]
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) <<NOTE: Notice. Time periods.>> In General.--Notwithstanding
the time period specified in section 13 of the Federal Power Act (16
U.S.C. 806) that would otherwise apply to Federal Energy Regulatory
Commission project numbers 12756, 12757, and 12758, the Commission may,
at the request of the licensee for the applicable project, and after
reasonable notice, in accordance with the good faith, due diligence, and
public interest requirements of that section and the Commission's
procedures under that section, extend the time period during which such
licensee is required to commence the construction of its applicable
project for up to 3 consecutive 2-year periods from the date of the
expiration of the extension originally issued by the Commission under
that section for such project.
(b) Obligation for Payment of Annual Charges.--Any obligation of a
licensee for a project described in subsection (a) for the payment of
annual charges under section 10(e) of the Federal Power Act (16 U.S.C.
803(e)) shall commence when the construction of the project commences.
(c) Reinstatement of License; Effective Date for Extension.--
(1) Reinstatement.--If the time period required for
commencement of construction of a project described in
subsection (a) has expired prior to the date of the enactment of
this Act, the Commission may reinstate the license for such
project, effective as of the date of the expiration of the
license.
(2) Effective date for extension.--If the Commission
reinstates a license under paragraph (1) for a project, the
first extension authorized under subsection (a) with respect to
such project shall take effect on the effective date of such
reinstatement under paragraph (1).
SEC. 3008. STAY AND REINSTATEMENT OF FERC LICENSE NO. 11393 FOR
THE MAHONEY LAKE HYDROELECTRIC PROJECT.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) License.--The term ``license'' means the license for the
Commission project numbered 11393.
(3) Licensee.--The term ``licensee'' means the holder of the
license.
(b) Stay of License.--On the request of the licensee, the Commission
shall issue an order continuing the stay of the license.
(c) <<NOTE: Deadline.>> 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) <<NOTE: Notice. Time periods.>> In general.--
Notwithstanding the time period specified in section 13 of the
Federal Power Act (16 U.S.C. 806) that
[[Page 132 STAT. 3870]]
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) <<NOTE: Deadline. Study. Recommenda- tions.>> 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
[[Page 132 STAT. 3871]]
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. <<NOTE: 33 USC 1314a.>> 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--
[[Page 132 STAT. 3872]]
(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) <<NOTE: Consultation.>> 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) <<NOTE: Definition.>> Nonprofit Organization.--For purposes
of subsection (b)(8), the term `nonprofit organization' means a
nonprofit organization that the Administrator determines, after
consultation with the States regarding what small publicly owned
treatments works in the State find to be most beneficial and effective,
is qualified
[[Page 132 STAT. 3873]]
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'';
[[Page 132 STAT. 3874]]
(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) <<NOTE: Consultation.>> 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) <<NOTE: Summary. Assessments.>> 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) <<NOTE: Assessment.>> assesses the key
ecological attributes that reflect the health of the
ecosystem of the Long Island Sound watershed;
``(C) <<NOTE: Time period.>> 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) <<NOTE: Recommenda- tions. Proposal.>>
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) <<NOTE: Time period.>> 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) <<NOTE: Coordination.>> 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).''.
[[Page 132 STAT. 3875]]
(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) <<NOTE: Determination.>> 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.'';
[[Page 132 STAT. 3876]]
(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) <<NOTE: Notice. Public comment.>> Fiscal year 2020
and thereafter.--Subject to subsection (h), the Administrator
shall use the amounts appropriated to carry out this section for
fiscal year 2020 and each fiscal year thereafter for making
grants to States under subsection (a)(1) in accordance with a
formula to be established by the Administrator, after providing
notice and an opportunity for public comment, that allocates to
each State a proportional share of such amounts based on the
total needs of the State for municipal combined sewer overflow
controls, sanitary sewer overflow controls, and stormwater
identified in the most recent detailed estimate and
comprehensive study submitted pursuant to section 516 and any
other information the Administrator considers appropriate.''.
SEC. 4107. ASSISTANCE FOR INDIVIDUAL HOUSEHOLD DECENTRALIZED
WASTEWATER SYSTEMS OF INDIVIDUALS WITH
LOW OR MODERATE INCOME.
(a) Projects and Activities Eligible for Assistance.--Section 603 of
the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended--
(1) in subsection (c)--
(A) by striking ``and'' at the end of paragraph
(10);
(B) by striking ``Act.'' at the end of paragraph
(11) and inserting ``Act; and''; and
(C) by inserting after paragraph (11) the following:
``(12) to any qualified nonprofit entity, as determined by
the Administrator, to provide assistance to an eligible
individual (as defined in subsection (j))--
``(A) for the repair or replacement of existing
individual household decentralized wastewater treatment
systems; or
``(B) in a case in which an eligible individual
resides in a household that could be cost-effectively
connected to an available publicly owned treatment
works, for the connection of the applicable household to
such treatment works.''; and
(2) by adding at the end the following:
[[Page 132 STAT. 3877]]
``(j) Definition of Eligible Individual.--In subsection (c)(12), the
term `eligible individual' means a member of a household, the members of
which have a combined income (for the most recent 12-month period for
which information is available) equal to not more than 50 percent of the
median nonmetropolitan household income for the State in which the
household is located, according to the most recent decennial census.''.
(b) Report.--Not later than 2 years after the date of enactment of
this section, the Administrator of the Environmental Protection Agency
shall submit to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a report describing--
(1) the prevalence throughout the United States of low- and
moderate-income households without access to a treatment works;
and
(2) the use by States of assistance under section 603(c)(12)
of the Federal Water Pollution Control Act.
Subtitle B--WIFIA Reauthorization and Innovative Financing for State
Loan Funds
SEC. 4201. WIFIA REAUTHORIZATION AND INNOVATIVE FINANCING FOR
STATE LOAN FUNDS.
(a) WIFIA Reauthorization.--
(1) Authority to provide assistance.--Section 5023 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C.
3902) is amended--
(A) by striking ``pilot'' each place it appears; and
(B) in subsection (b)(1), by inserting ``provide
financial assistance to'' before ``carry out''.
(2) Determination of eligibility and project selection.--
Section 5028(a)(1)(E) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 3907(a)(1)(E)) is amended to
read as follows:
``(E) Special rule for certain combined projects.--
The Administrator shall develop a credit evaluation
process for a Federal credit instrument provided to--
``(i) a State infrastructure financing
authority for a project under section 5026(9),
which may include requiring the provision of a
final rating opinion letter from at least one
rating agency; or
``(ii) an entity for a project under section
5026(10), which may include requiring the
provision of a final rating opinion letter from at
least two rating agencies.''.
(3) Repayments.--Section 5029(c)(2)(B) of the Water
Resources Reform and Development Act of 2014 (33 U.S.C.
3908(c)(2)(B)) is amended--
(A) by striking ``Scheduled'' and inserting the
following:
``(i) Timing of scheduled loan repayments.--
Scheduled''; and
(B) by adding at the end:
``(ii) Repayments.--None of the funds for
repayment of a secured loan under this title from
a State infrastructure financing authority may
come from funds provided to a State revolving loan
fund under title VI of the Federal Water Pollution
Control Act
[[Page 132 STAT. 3878]]
(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
[[Page 132 STAT. 3879]]
(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 <<NOTE: Deadline. Notice.>>
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) <<NOTE: Guidance.>> 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
[[Page 132 STAT. 3880]]
authority under section 5029 using funds made available pursuant
to this subsection, the Administrator shall specify in the
agreement under such section the amount of such assistance that
is attributable to such funds.''.
(c) Administration of WIFIA Program.--Section 5030 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 3909), as
amended by subsection (b), is further amended by inserting after
subsection (f) the following:
``(g) Agreements.--
``(1) In general.--Subject to paragraphs (3) and (4), the
Administrator may enter into an agreement with another relevant
Federal agency to provide assistance in administering and
servicing Federal credit instruments that such agency is
authorized to make available.
``(2) Duties.--The Administrator may act as an agent for the
head of another Federal agency under paragraph (1), subject to
the terms of any agreement entered into by the Administrator and
the head of such other agency under such clause.
``(3) Transfer of funds.--The authority of the Administrator
to provide assistance under paragraph (1) is subject to--
``(A) the availability of funds appropriated to the
other Federal agency that may be transferred to the
Administrator to carry out an agreement entered into
under paragraph (1); and
``(B) the transfer of such funds to the
Administrator to carry out such an agreement.
``(4) Limitation.--Nothing in this subsection affects the
authority of the Administrator with respect to the selection of
projects described in paragraphs (1), (8), or (10) of section
5026 to receive financial assistance under this subtitle.''.
(d) Reports on Pilot Program Implementation.--Section 5034 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C. 3913) is
amended--
(1) in the section heading, by striking ``pilot''; and
(2) in subsection (b)(1), by striking ``4 years after the
date of enactment of this Act'' and inserting ``3 years after
the date of enactment of the Water Resources Development Act of
2018''.
Subtitle C--Miscellaneous
SEC. 4301. <<NOTE: Deadline. 33 USC 3909 note.>> 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) <<NOTE: Consultation.>> 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.
[[Page 132 STAT. 3881]]
(b) Requirements.--A flood prevention action plan developed under
subsection (a) shall--
(1) <<NOTE: Time period.>> 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) <<NOTE: Deadline. Coordination.>> 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) <<NOTE: Deadline.>> 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).
[[Page 132 STAT. 3882]]
SEC. 4304. <<NOTE: 42 USC 300j-19e.>> 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) <<NOTE: Consultation.>> 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--
[[Page 132 STAT. 3883]]
(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) <<NOTE: Coordination.>> regional industry and
workforce development collaborations to address water
utility employment needs and coordinate candidate
development, particularly in areas of high unemployment
or for water utilities with a high proportion of
retirement eligible employees;
(D) integrated learning laboratories in secondary
educational institutions that provide students with--
(i) hands-on, contextualized learning
opportunities;
(ii) dual enrollment credit for post-secondary
education and training programs; and
(iii) direct connection to industry employers;
and
(E) leadership development, occupational training,
mentoring, or cross-training programs that ensure that
incumbent water and waste water utilities workers are
prepared for higher level supervisory or management-
level positions.
(4) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $1,000,000 for each
of fiscal years 2019 and 2020.
SEC. 4305. <<NOTE: 42 USC 4370i.>> REGIONAL LIAISONS FOR
MINORITY, TRIBAL, AND LOW-INCOME
COMMUNITIES.
(a) <<NOTE: Assignment.>> In General.--The Administrator of the
Environmental Protection Agency (referred to in this section as the
``Administrator'') shall assign at least one employee in each regional
office of the Environmental Protection Agency to serve as a liaison to
minority, Tribal, and low-income communities in the relevant region.
(b) <<NOTE: Web postings.>> 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.
[[Page 132 STAT. 3884]]
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. <<NOTE: 42 USC 6294b.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Procedures. Criteria.>> 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) <<NOTE: Criteria.>> 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
[[Page 132 STAT. 3885]]
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) <<NOTE: Audits.>> auditing the use of the
WaterSense label in the marketplace and preventing cases
of misuse;
``(4) <<NOTE: Time period. Review. Criteria.>> 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) <<NOTE: Notice.>> 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) <<NOTE: Deadline. Review. Criteria.>> not later than
December 31, 2019, consider for review and revise, if necessary,
any WaterSense performance criteria adopted before January 1,
2012.
``(c) <<NOTE: Time period. Estimate. Public information.>>
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) <<NOTE: Coordination.>> 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).''.
[[Page 132 STAT. 3886]]
(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) <<NOTE: Permits.>> 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
[[Page 132 STAT. 3887]]
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) <<NOTE: Contracts.>> In general.--Pursuant to the
reclamation laws and subject to appropriations and required
environmental reviews, the Secretary may carry out activities,
including entering into a contract or making financial
assistance available through cooperative agreements or other
methods--
``(A) <<NOTE: Plan.>> 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.
[[Page 132 STAT. 3888]]
``(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) <<NOTE: Consultation. Reports.>> 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) <<NOTE: Recommenda- tions.>> 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;
[[Page 132 STAT. 3889]]
``(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. <<NOTE: 43 USC 377b note.>> 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. <<NOTE: Wyoming.>> AUTHORITY TO MAKE ENTIRE ACTIVE
CAPACITY OF FONTENELLE RESERVOIR
AVAILABLE FOR USE.
(a) <<NOTE: Cooperation.>> 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
[[Page 132 STAT. 3890]]
to be used for those purposes for which the Seedskadee Project was
authorized.
(b) Cooperative Agreements.--
(1) In general.--The Secretary may enter into any contract,
grant, cooperative agreement, or other agreement that is
necessary to carry out subsection (a).
(2) State of wyoming.--
(A) In general.--The Secretary shall enter into a
cooperative agreement with the State of Wyoming to work
in cooperation and collaboratively with the State of
Wyoming for planning, design, related preconstruction
activities, and construction of any modification of the
Fontenelle Dam under subsection (a).
(B) Requirements.--The cooperative agreement under
subparagraph (A) shall, at a minimum, specify the
responsibilities of the Secretary and the State of
Wyoming with respect to--
(i) completing the planning and final design
of the modification of the Fontenelle Dam under
subsection (a);
(ii) any environmental and cultural resource
compliance activities required for the
modification of the Fontenelle Dam under
subsection (a) including compliance with--
(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
(II) the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.); and
(III) subdivision 2 of division A of
subtitle III of title 54, United States
Code; and
(iii) the construction of the modification of
the Fontenelle Dam under subsection (a).
(c) Funding by State of Wyoming.--Pursuant to the Act of March 4,
1921 (41 Stat. 1404, chapter 161; 43 U.S.C. 395), and as a condition of
providing any additional storage under subsection (a), the State of
Wyoming shall provide to the Secretary funds for any work carried out
under subsection (a).
(d) Other Contracting Authority.--
(1) In general.--The Secretary may enter into contracts with
the State of Wyoming, on such terms and conditions as the
Secretary and the State of Wyoming may agree, for division of
any additional active capacity made available under subsection
(a).
(2) Terms and conditions.--Unless otherwise agreed to by the
Secretary and the State of Wyoming, a contract entered into
under paragraph (1) shall be subject to the terms and conditions
of Bureau of Reclamation Contract No. 14-06-400-2474 and Bureau
of Reclamation Contract No. 14-06-400-6193.
(e) Savings Provisions.--Unless expressly provided in this section,
nothing in this section modifies, conflicts with, preempts, or otherwise
affects--
(1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
(2) the Colorado River Compact of 1922, as approved by the
Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
(3) the Boulder Canyon Project Adjustment Act (43 U.S.C. 618
et seq.);
[[Page 132 STAT. 3891]]
(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).
[[Page 132 STAT. 3892]]
``(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
[[Page 132 STAT. 3893]]
(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. <<NOTE: Minnesota.>> 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''.
Approved October 23, 2018.
LEGISLATIVE HISTORY--S. 3021:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 164 (2018):
Sept. 4, considered and passed Senate.
Sept. 13, considered and passed House, amended.
Oct. 5, 9, 10, Senate considered and concurred in House
amendments.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
Oct. 23, Presidential remarks.
<all>