S. HRG. 115–578 

BUSINESS MEETING 

MEETING 

BEFORE THE

COMMITTEE ON 

ENVIRONMENT AND PUBLIC WORKS 

UNITED STATES SENATE 

ONE HUNDRED FIFTEENTH CONGRESS 

SECOND SESSION 

MAY 22, 2018 

Printed for the use of the Committee on Environment and Public Works 

( 

Available via the World Wide Web: http://www.govinfo.gov 

BUSINESS MEETING: MAY 22, 2018 

U.S. GOVERNMENT PUBLISHING OFFICE

35–696 PDF WASHINGTON : 2019

S. HRG. 115–578 

BUSINESS MEETING 

MEETING 

BEFORE THE

COMMITTEE ON 

ENVIRONMENT AND PUBLIC WORKS 

UNITED STATES SENATE 

ONE HUNDRED FIFTEENTH CONGRESS 

SECOND SESSION 

MAY 22, 2018 

Printed for the use of the Committee on Environment and Public Works 

( 

Available via the World Wide Web: http://www.govinfo.gov 

(II) 

COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS 

ONE HUNDRED FIFTEENTH CONGRESS 

SECOND SESSION 

JOHN BARRASSO, Wyoming, Chairman 

JAMES M. INHOFE, Oklahoma 

SHELLEY MOORE CAPITO, West Virginia 

JOHN BOOZMAN, Arkansas 

ROGER WICKER, Mississippi 

DEB FISCHER, Nebraska 

JERRY MORAN, Kansas 

MIKE ROUNDS, South Dakota 

JONI ERNST, Iowa 

DAN SULLIVAN, Alaska 

RICHARD SHELBY, Alabama 

THOMAS R. CARPER, Delaware, 

Ranking Member 

BENJAMIN L. CARDIN, Maryland 

BERNARD SANDERS, Vermont 

SHELDON WHITEHOUSE, Rhode Island 

JEFF MERKLEY, Oregon 

KIRSTEN GILLIBRAND, New York 

CORY A. BOOKER, New Jersey 

EDWARD J. MARKEY, Massachusetts 

TAMMY DUCKWORTH, Illinois 

CHRIS VAN HOLLEN, Maryland 

RICHARD M. RUSSELL, Majority Staff Director 

MARY FRANCES REPKO, Minority Staff Director 

(III) 

C O N T E N T S 

Page 

MAY 22, 2018 

OPENING STATEMENTS 

Barrasso, Hon. John, U.S. Senator from the State of Wyoming .......................... 1 

Carper, Hon. Thomas R., U.S. Senator from the State of Delaware ................... 334 

Cardin, Hon. Benjamin L., U.S. Senator from the State of Maryland ................ 335 

Inhofe, Hon. James M., U.S. Senator from the State of Oklahoma .................... 353 

Duckworth, Hon. Tammy, U.S. Senator from the State of Illinois, prepared 

statements ............................................................................................................ 360 

ADDITIONAL MATERIALS 

Legislation and related documents: 

S. 2602. Amendment in the nature of a substitute. The ‘‘Utilizing Significant Emissions with Innovative Technologies Act,’’ or the ‘‘USE IT 

Act’’ ................................................................................................................. 2 

S. 2800. Amendment in the nature of a substitute. The ‘‘America’s Water 

Infrastructure Act of 2018’’ .......................................................................... 34 

Report on S. 2800, the ‘‘America’s Water Infrastructure Act of 2018’’ . 286 

Presidential Nomination 1542. John L. Ryder, of Tennessee, to be a 

Member of the Board of Directors of the Tennessee Valley Authority 

for a term expiring May 18, 2021, vice Michael McWherter, term expired ............................................................................................................... 324 

S. 2734. To designate the Federal building and United States courthouse 

located at 1300 Victoria Street in Laredo, Texas, as the ‘‘George P. 

Kazen Federal Building and United States Courthouse’’ .......................... 325 

S. 2377. To designate the Federal building and United States courthouse 

located at 200 West 2nd Street in Dayton, Ohio, as the ‘‘Walter H. 

Rice Federal Building and United States Courthouse’’ ............................. 327 

Committee Resolutions: 

Lease, U.S. Patent and Trademark Office, Arlington, VA. PVA-04- 

WA17 ...................................................................................................... 329 

Lease, Department of State, Washington, DC. PDC-06-WA17 ............. 331 

Building acquisition, Robert T. Stafford U.S. Post Office and Courthouse, Rutland, VT. PVT-BPS-RU16 ................................................... 333 

S. 2800 amendments agreed to en bloc: 

Duckworth #1, Credit Transfer Enhancement—This amendment 

makes technical corrections to 33 U.S.C. § 2225 to facilitate the 

transfer of existing credits from a non-federal sponsor of a Section 

211 project (Construction of Flood Control Projects by Non-Federal 

Interests) to another government entity, pending the approved by 

the Secretary .......................................................................................... 339 

Markey #1, Regional Liaisons for Minority, Tribal, and Low-Income 

Communities—This provision required the EPA to appoint not 

fewer than 1 employee in each regional office to service as a 

liaison to minority, tribal, and low-income communities, and publically identify each regional liaison on the agency’s website ............ 342 

Page

IV 

—Continued 

—Continued 

Sullivan #1, amendment to conform the definitions of Indian tribe 

with the Indian Self-Determination and Education Assistance Act 

to allow all recognized tribal entities to participate as a non-federal 

sponsor on projects, as well as cost share waivers that are currently available to tribes. Substitutes the current definition with 

a universally accepted definition that recognizes all tribes and 

tribal organizations that work on behalf of tribes .............................. 345 

Whitehouse #3, an amendment requiring the Corps to submit a report to Congress identifying ongoing and recently completed 

projects in coastal states, analyzing how these projects correspond 

to State-approved coastal plans, and making recommendations as 

to how these state plans can be better incorporated into the Corps’ 

work ........................................................................................................ 348 

Documents in support of the Utilizing Significant Emissions with Innovative 

Technologies Act, or the USE IT Act .................................................................. 394 

(1) 

BUSINESS MEETING 

TUESDAY, MAY 22, 2018 

U.S. SENATE, COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS, Washington, DC. 

The Committee met, pursuant to notice, at 10:05 a.m. in room 

406, Dirksen Senate Office Building, Hon. John Barrasso (Chairman of the Committee) presiding. 

Present: Senators Barrasso, Carper, Inhofe, Capito, Boozman, 

Wicker, Fischer, Rounds, Ernst, Sullivan, Shelby, Cardin, Whitehouse, Merkley, Gillibrand, Booker, and Markey. 

OPENING STATEMENT OF HON. JOHN BARRASSO, 

U.S. SENATOR FROM THE STATE OF WYOMING 

Senator BARRASSO. Good morning. I call this business meeting to 

order. 

Today we are going to consider bipartisan water infrastructure 

and carbon capture innovation legislation, as well as one nomination, two bills to name Federal buildings, and three General Services Administration resolutions. 

The first of these bills is S. 2602, the Utilizing Significant Emissions with Innovative Technologies, or the USE IT Act. This bill is 

called the USE IT Act because it encourages the commercial use 

of manmade carbon dioxide emissions. The bill supports innovative 

research and projects that capture carbon dioxide. 

My home State of Wyoming is already a leader in supporting carbon utilization research. Just last week the Integrated Test Center 

outside Gillette opened its doors to support innovative research on 

how to use carbon dioxide. 

In Congress, we need to support efforts like the Integrated Test 

Center so America can maintain its leadership in carbon capture 

and utilization and sequestration technologies. The USE IT Act 

does that. 

The legislation also facilitates permitting for capture projects and 

carbon dioxide pipelines. Innovation is how America will be a leader in reducing emissions. 

I introduced the USE IT Act with Committee members Whitehouse and Capito, as well as Senator Heitkamp. The bill is now 

also co-sponsored by Senator Duckworth. Together with Ranking 

Member Carper, we have introduced a manager’s substitute 

amendment to make the bill stronger. 

I encourage Committee members to support this important legislation, so I look forward to working with my colleagues to pass the 

legislation and get it to the President’s desk. 

2 

[The text of S. 2602 follows:] 


35696.001

EDW18485 S.L.C. 

Al\I[E ND :ME NT Calendar 

Purpose: In the nature of a substitute. 

IN THE SENATE OF THE UNITED STATES-115th Cong., 2d Sess. 

8.2602 

To support carbon dioxide utilization and direet air capture 

research, to facilitate the permitting· and development 

of carbon capture, utilization, and sequestration projects 

and carbon dioxide pipelines, and for other purposes. 

Referred to the Committee on and ------------------- ordered to be printed 

Ordered to lie on the table and to be printed 

.t-\.lVIENDMEJ\T IN THE NATURE OF A SUBSTITUTE intended 

to be proposed by Mr. BARRASSO (for himself, Mr. CARPER, Mrs. CAPITO, Mr. \VHITEHOCSE, and Ms. 

DUCKvVORTH) 

Viz: 

1 Strike all after the enacting clause and insert the fol2 lov;ring: 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the "Utilizing Significant 

5 Emissions with Innovative Technologies Act" or the "USE 

6 IT Act". 
3 


35696.002

EDW18485 S.L.C. 

2 

TITLE I-ENCOURAGING 

2 PROJECTS TO REDUCE EMIS3 SIONS 

4 SEC. 101. RESEARCH, INVESTIGATION, TRAINING, AND 

5 OTHER ACTIVITIES. 

6 Section 103 of the Clean Air Act (42 U.S.C. 7403) 

7 is amended8 (1) in subseetion (e)(3), in the first sentence of 

9 the matter preceding subparagraph (A), by striking 

10 "percursors" and inserting "precursors"; and 

11 (2) in subsection (g)-

12 (A) by redesignating· paragraphs (1) 

13 through (4) as subparagraphs (A) through (D), 

14 respectively, and indenting appropriately; 

15 (B) in the undesignatecl matter following 

16 subparagraph (D) (as so redesignated)-

17 (i) in the second sentence, by striking 

18 "The Administrator" and inserting the fol19 lowing: 

20 "(5) COORDIKATION AND AVOIDA.~CE OF DU21 PLICATION.-The Administrator"; and 

22 (ii) in the first sentence, by striking 

23 "Nothing" and inserting the follm'iring·: 

24 "(4) EB'FECT OF SUBSECTION.-Nothing"; 
4 


35696.003

E:DW18485 

1 

2 

3 

4 

5 

6 

S.L.C. 

3 

(C) in the matter preceding subparagraph 

(A) (as so redesignated)-

(i) in the third sentence, by striking 

"Such program" and inserting the follmving·: 

"(3) PROGRA..'V1 INCLUSIONS.-The program 

7 under this subsection"; 

8 (ii) in the second sentence9 (I) by inserting· "States, institu1 0 tions of higher education," after "sci11 entists,"; and 

12 (II) by striking "Such strategies 

13 and technologies shall be developed" 

14 

15 

and inserting the following: 

"(2) PARTICIPATION REQUIREMENT.-Such 

16 strategies and technologies desm·ibed in paragraph 

17 (1) shall be developed"; and 

18 (iii) in the first sentence, by striking 

19 "In earrying· out" and inserting the fol20 lowing: 

21 "(1) IN GENERAL.-In carrying out"; and 

22 (D) by adding at the end the following: 

23 "(6) CERTAIN CARBON DIOXIDE ACTIVITIES.-

24 "(A) IN GENERAI1.-In earryi.ng out para25 graph (3)(A) with respect to carbon dioxide, the 
5 


35696.004

EDW1S+S5 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

S.L.C. 

4 

Administrator shall carry out the activities described in each of subparagTaphs (B) and (C). 

"(B) DIRECT AIR CAPTURE RESEARCH.-

"(i) DEFI:.JITIONS.-In this subparagTaph: 

"(I) BOARD.-The term 'Board' 

means the Direct Air Capture Technology Advisory Board established by 

clause (iii)(I). 

"(II) DILUTE.-The term 'dilute' 

means a concentration of less than 1 

percent by volume. 

"(III) DIRECT AIR CAPTL'RE.-

"(aa) IN GEXERAL-The 

term 'direct air capture', with respect to a facility, technology, or 

system, means that the facility, 

technology, or system uses carbon capture equipment to capture carbon dioxide directly from 

the air. 

"(bb) EXCLUSION.-The 

term 'direct air capture' does not 

include any faeility, technology, 
6 


35696.005

EDW1848ii 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

8.L.C. 

5 

or system that captures carbon 

dioxide-

''(A.A.) that is deliberately released from a naturally occurring subsurface 

spring; or 

"(BB) using 

photosynthesis. 

natural 

PROPERTY .-The term 'intellectual property' means-

"(aa) an invention that is 

patentable under title 35, United 

States Code; and 

"(bb) any patent on an mYention described in item (aa). 

"(ii) TECHNOLOGY PRIZES.-

"(I) I~ GEl\ERAL.-Not later 

than 1 year after the date of enactment of the USE IT Act, the Administrator, in consultation with the Secretary of Energy, shall establish a 

program to prmi.de, and shall provide, 

finaneial awards on a eompetitive 

basis for direct an· capture from 
7 


35696.006

EDW1~4H5 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

R.L.C. 

6 

media m which the concentration of 

carbon dimcide is dilute. 

"(II) DUTIES.-ln carrying out 

this dause, the Administrator shall-

"(aa) subject to subclause 

(III), develop specific requirements for-

"(~~\_) the competition 

process; and 

"(BB) monitoring· and 

verification procedures for 

approYed projects; 

"(b b) offer financial awards 

for a project designed-

" (AA) to capture more 

than 10,000 tons of carbon 

dioxide per year; and 

"(BB) to be deployed 

at a cost of less than $200 

per ton of carbon dioxide 

captured; and 

"(cc) to the maximum extent practicable, make financial 

awards to g·eographieally diverse 

projects, including at least-
8 


35696.007

ED\\'18485 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

7 

S.L.C. 

"(AA) 1 project m a 

coastal State; and 

"(BB) 1 project m a 

rural State. 

"(Ill) PUBLIC PAR'riCIPATION.-

ln carrying out subclause (Il)(aa), the 

Administrator shall-

"(aa) provide notice of and, 

for a period of not less than GO 

days, an opportunity for public 

comment on, any draft or proposed version of the requirements 

rlescribed in subclause (II) ( aa); 

and 

"(bb) take into account public comments received in developing the final version of those 

requirements. 

"(TV) PEER REVIEW.-No financial awards may be provided under 

this clause uutil the proposal for 

which the award is sought has been 

peer reviewed in t.tccordance vvith such 

standards for peer review as are established by the Administrator. 
9 


35696.008

EDW18485 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

S.LC. 

8 

"(iii) DIRECT AlR CAPTURE TECHNOLOGY ADVISORY BOARD.-

"(!) ESTABLISHMENT.-There is 

established an advisory board to be 

lmov.m as the 'Direct Air Capture 

Technology Advisory Board'. 

''(II) COMPOSITION.-The Board 

shall be composed of 9 members appointed by the Administrator, who 

shall provide expertise inand 

"(aa) climate science; 

"(bb) physics; 

" ( cc) chemistry; 

u(dd) biology; 

'' ( ee) engineering; 

"(ff) economics; 

"(gg) business management; 

"(hh) such other disciplines 

as the Administrator determines 

to be necessary to achieve the 

purposes of this subparagTaph. 

"(III) TERM; VACAKCIES.-
10 


35696.009

EDW18485 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

S.L.C. 

9 

"(aa) TERM.-A member of 

the Board shall serve for a term 

of 6 years. 

"(bb) VACAi'JCIES.-A vacancy on the Board-

" (AA) shall not affect 

the powers of the Board; 

and 

"(BB) shall be filled in 

the same manner as the 

original appointment was 

made. 

"(IV) INITIAL MEETING.-Not 

later than 30 days after the date on 

which all members of the Board have 

been appointed, the Board shall hold 

the initial meeting of the Board. 

"(V) MEETINGS.-The Board 

shall meet at the eall of the Chairperson. 

"(VI) QUORUM.-A majority of 

the members of the Board shall eonstitute a quorum, but a lesser number 

of members may hold hearings. 
11 


35696.010

EDW18485 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

S.LC. 

10 

"(VII) Cl:LURPERSON AND VICE 

CHAIRPER..SON.-The Board shall select a Chairperson and Vice Chairperson from among the members of 

the Board. 

"(VIII) COMPENSATION.-Each 

member of the Board may be compensated at not to exceed the daily 

equivalent of the annual rate of basic 

pay in effect for a position at level V 

of the Executive Schedule under section 5316 of title 5, United States 

Code, for each day during which the 

member is engaged in the aetual performance of the duties of the Board. 

"(IX) DUTIES.-The Board shall 

advise the Administrator on carrying 

out the cl.uties of the Administrator 

under this subparagraph. 

"(X) F ACA.-The Federal Advisory Committee Act (5 U.S.C. App.) 

shall apply to the Board. 

"(iv) INTELLECTUAL PROPERTY.-

"(I) IK GENERAh-As a condition of receiving a financial award 
12 


35696.011

ED\V18485 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

S.L.C. 

11 

under this subparagTaph, an applicant 

shall at,rree to vest the intellectual 

property of the applicant derived from 

the technology in 1 or more entities 

that are incorporated in the United 

States. 

"(II) RESERVATION OF IjlCEKSE.-The United States-

" ( aa) may reserve a nonexclusive, nontransferable, irrevocable, paid-up license, to haYe 

practiced for or on behalf of the 

United States, in connection vvith 

any intelleetual property described in subclause (I); hut 

"(bb) shall not, in the exercise of a license reserved under 

item (aa), publicly disclose proprieta!J' information relating to 

the license. 

"(Ill) TRlL'\'SFER OF TITLE.-

Title to any intellectual property describecl in subclause (I) shall not be 

trallsferred or passed, except to an 

entity that is incorporated in the 
13 


35696.012

EDWJS41'l5 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

S.L.C. 

12 

United States, until the e.ll.--piration of 

the first patent obtained in connection 

with the intellectual property. 

"(v) APTHORIZATION OF APPROPRIATIONS.-There is authorized to be appropriated to carry out this subparagraph 

$25,000,000, to remain available until expended. 

"('vi) '!'EliMINATION OF AUTHORITY.-

The Board and all authority provided 

under this subparagraph shall terminate 

on December 31, 2028. 

"(C) CARBON DIOXIDE UTILIZATION RESEARCH.-

"(i) DEFINITION OF CARBON DIOXIDE 

l'TILIZATION.-Iu this subparagraph, the 

term 'carbon dioxide utilization' refers to 

technologies or approaches that lead to the 

use of carbon dioxide-

" (I) through the fixation of carbon dioxide through photosynthesis or 

chemos:ynthesis, such as through the 

growing of algae or bacteria; 

"(II) through the chemical conversion of carbon dioxide to a material 
14 


35696.013

EDW18485 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

S.hC. 

13 

or chemical compound in which the 

carbon dioxide is securely stored; or 

"(III) through the use of carbon 

dioxide for any other purpose for 

which a cmnmercial market exists, as 

determined by the Administrator. 

"(ii) PROGR..AJ\1:.-The Administrator, 

m consultation with the Secretary of Energy, shall cmrry out a research and development prOi:,"ram for carbon dioxide utilization to promote existing and new technologies that transform carbon dioxide 

generated by industrial processes into a 

product of eommercial Yalue, or as an 

input to products of commercial yalue. 

"(iii) 'l'ECHNICAL .M'\D FINA:.\'CIAL ASSISTANCE.-Not later than 2 years after 

the elate of enactment of the USE IT Act, 

in carrying out this subsection, the Administrator, in consultation \\ith the Secretary 

of Energy, shall support research and infrastructure activities relating to carbon 

dioxide utilization by proYiding technical 

assistance and finaneial assistance m accordance \\ith clause (iv). 
15 


35696.014

EDW18485 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

S.L.C. 

14 

"(iv) ELIGIBILITY .-1'0 be eligible to 

receive technical assistance and financial 

assistance under clause (iii), a carbon dioxide utilization project shall-

" (I) have access to an emissions 

stream generated by a stationary 

source within the United States that 

is capable of supplying not less than 

250 metric tons per day of carbon dioxide for research; 

"(II) have access to adequate 

space for a laboratory and equipment 

for testing small-scale carbon dioxide 

utilization technologies, with onsite 

access to larger test bays for scale-up; 

and 

"(III) haYe existing partnerships 

with institutions of' higher education, 

private eompanies, States, or other 

government entities. 

"(v) COORDINATION.-ln supporting 

carbon dioxide utilization projects under 

this paragnph, the Administrator shall 

eonsult with the Ser.retary of Energ;y, and, 

as appropriate, with the head of any other 
16 


35696.015

EDW18485 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

S.L.C. 

15 

releYant Federal agency, States, the private sector, and institutions of higher education to develop methods and technologies 

to account for the carbon dioxide emissions 

avoided by the carbon dioxide utilization 

projects, including the consideration of 

lifecycle analysis developed pursuant to 

section 45Q(f)(5)(B) of the Internal ReYenue Code of 1986. 

"(vi) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be appropriated to carry out this subparagraph 

$50,000,000, to remain available until expended. 

"(D) DEEP SALINE PORMATION REPORT.-

"(i) DEFINITION OF DEEP SALI]'.,"E 

.F'ORMATION.-

"(I) IN GE.:'\ERAJJ.-In this subparagraph, the term 'deep saline formation' means a formation of subsurface geographically extensive sedimental)' rock layers saturated IYith 

waters or brines that haYe a high total 

disso!Yed solids eontent and that are 
17 


35696.016

EDW18485 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

S.L.C. 

16 

below the depth where carbon dioxide 

can exist in the formation as a supercritical fluid. 

"(II) Cr1.A.RIFICATION.-In this 

subparagraph, the term 'deep saline 

formation' does not include oil and 

gas reservoirs. 

"(ii) REPORT.-ln consultation 'v\i.th 

the Secretary of Energy, and, as appropriate, 'vith the head of any other relevant 

Federal agency and relevant stakeholders, 

not later than 1 year after the date of enactment of the USE IT Act, the Ac1ministrator shall prepare, submit to Congress, 

and make publicly available a report that 

includes-

" (I) a comprehensive identification of potential risks and benefits to 

project. developers associated 'v\1.th increased storage of carbon dioxide car1-

t.ured from stationary sources in deep 

Raline formations, using existing research; 

"(II) recommendations for managing the potential risks identified 
18 


35696.017

EDW18485 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

S.L.C. 

17 

under subclause (I), including potential risks unique to public land; and 

"(III) recommendations for Federal legislation or other policy changes 

to mitigate any potential risks identified under subclause (I). 

"(E) REPORT OK CARBON DIOXIDE NONREGULATORY 

NOijOGIES.-

STRATEGIES AND TECH-

"(i) IN GENERAL.-Not less frequently than once every 2 years, the Administrator shall submit to the Committee 

on EnYironment and Public Works of the 

Senate and the Committee on Energy and 

Commerce of the House of Representatives 

a report that describes-

" (I) the recipients of assistance 

under subparagraphs (B) and (C); 

and 

"(II) a plan for supporting additional uonregulatory strategies and 

technologies that could significantly 

preYent carbon dioxide emissions or 

reduce carbon dioxide levels in the air, 
19 


35696.018

EDW18485 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 TITLE 

S.L.C. 

18 

m COl\junctiou with other Federal 

agencies. 

"(ii) lNCLUSIONS.-rfhe plan submitted under dause (i) shall include-

"(!) a methodology for evaluating 

and ranking technologies based on the 

ability of the technologies to cost cffectiYely reduce carbon dioxide emissions or carbon dioxide Jeyels in the 

air; and 

"(II) a description of any nonairrclated environmental or energy considerations regarding the technologies.". 

II-IMPROVEMENT OF 

16 PERMITTING PROCESS FOR 

17 CARBON DIOXIDE CAPTURE 

18 AND INFRASTRUCTURE 

19 PROJECTS 

20 SEC. 201. INCLUSION OF CARBON CAPTURE INFRASTRUC21 TURE PROJECTS. 

22 Section 41001(6) of the FAST Aet (42 U.S.C. 

23 4370m(6)) is amended24 (1) in subparagraph (A)-
20 


35696.019

EDW18485 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

S.L.C. 

19 

(A) in the matter preceding clause (i), by 

inserting "carbon capture," before "rene\vable 

or conyentional"; 

(B) in clause (i)(III), by striking "or" at 

the end; 

(C) by redesignating clause (ii) as clause 

(iii); and 

(D) by inserting after clause (i) the following: 

"(ii) is covered by a programmatic 

plan or enrironmental review developed for 

the primary purpose of facilitating development of carbon dioxide pipelines; or"; and 

(2) by adding at the end the following: 

"(C) ~1\..BSOCIATED DEFINITION.-For purposes of subparagraph (A), the term 'construction of infrastructure for carbon capture' includes construction of any facilit:y, technology, 

or system that captures, utilizes, or sequesters 

carbon dioxide emissions and carbon dioxide 

pipelines.". 
21 


35696.020

EDW18485 S.L.C. 

20 

SEC. 202. DEVELOPMENT OF CARBON CAPTURE, UTILIZA2 TION, AND SEQUESTRATION REPORT, PER3 MITTING GUIDANCE, AND REGIONAL PERMIT4 TING TASK FORCE. 

5 (a) DEFil\ITION OF EFFICIENT, ORDERLY, At'\TD RE6 SPONSIBLE.-In this section, the term "efficient, orderly, 

7 and responsible" means, 1vith respect to development or 

8 the permitting proc~ess for carbon capture, utilization, and 

9 sequestration projects and carbon dioxide pipelines, a 

10 process that is completed in an expeditious manner while 

11 maintaining env-ironmental, health, and safety protections. 

12 (b) REPORT.-

13 (1) IN GEl\"ERAL.-Not later than 180 clays 

14 after the date of enactment of this Act, the Chair of 

15 the Council on Environmental Quality (referred to in 

16 this section as the "Chair"), in consultation ~rith the 

17 Administrator of the Emi.ronmental Protection 

18 Ag:eney, the Secretary of Energy, the Secretary of 

19 the Interior, the Executive Director of the Federal 

20 Permitting Improvement Council, and the head of 

21 any other relevant Federal agency (as determined by 

22 the President), shall prepare a report that23 (A) (~ompiles all existing relevant Federal 

24 permitting and re1riew information and re25 sources for project applicants, agencies, and 

26 other stakeholders interested in the deployment 
22 


35696.021

EDW1i<4S~ 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

S.L.C. 

21 

of carbon capture, utilization, and sequestration 

projects and carbon dioxide pipelines, including-

(i) the appropriate points of interaction vvith l<...,ederal agencies; 

(ii) clarification of the permitting responsibilities and authorities among Federal agencies; and 

(iii) best prac.tices and templates for 

permitting; 

(B) inventories current or emerging activities that transform captured carbon dioxide into 

a product of commercial value, or as an input 

to products of commercial -value; 

(C) identifies gaps in the current Federal 

reg11latory framework for the deployment of 

carbon capture, utilization, and sequestration 

projects and carbon dioxide pipelines; 

(D) identifies Federal finam~ing mechanisms aYailable to project developers, including 

tax credits under section 45Q of the Internal 

ReYenue Code of 1986; and 

(E) identifies any lifeeyele analysis developed pnrsnant to seetion 45Q(f)(5)(B) of the 

Internal Revenue Code of 1986. 
23 


35696.022

EDW18485 S.hC. 

22 

1 (2) SUBJ\USSION; PUBLICA'flON.-The Chair 

2 shall3 (A) submit the report under paragraph (1) 

4 to the Committee on Environment and Public 

5 Works of the Senate and the Committee on En6 ergy and Commerce of the House of Represent7 atives; and 

8 (B) as soon as practicable, make the report 

9 publicly available. 

10 (c) GUIDANCE.-

11 (1) IN GENEIL-lli.-Mter submission of the re12 port under subsection (b)(2), but not later than 1 

13 year after the date of enactment of this Act, the 

14 Chair shall submit guidance eonsistent V\'ith that re15 port to all rele-mnt Federal agencies that16 (A) facilitates re,iews assoeiated with the 

17 deployment of carbon capture, utilization, and 

18 sequestration projeets and carbon dioxide pipe19 lines; and 

20 (B) supports the effieient, orderly, and re21 sponsible development of carbon capture, utili22 zation, and sequestration projects and carbon 

23 dioxide pipelines. 

24 (2) REQLTIREMENTS.-
24 


35696.023

EDW18485 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

S.L.C. 

23 

(A) IN GENERAL.-The guidance under 

paragraph (1) shall address requirements 

under-

(i) the National Environmental Policy 

Act of 1969 (42 U.S.C. 4;321 et seq.); 

(ii) the l<'ederal Water Pollution Control Act (33 U.S.C. 1251 et seq.); 

(iii) the Clean Air Act (42 U.S.C. 

7401 et seq.); 

(iv) the Safe Drinking \",\Tater Act (42 

U.S.C. 300f et seq.); 

(v) the Endangered Species Act of 

1973 (16 U.S.C. 1531 et seq.); 

(vi) division A of subtitle III of title 

54, United States Code (formerly known 

as the "National Historic Preservation 

Act"); 

(vii) the Migratory Bird Treaty Act 

(16 U.S.C. 703 et seq.); 

(viii) the Act of June 8, 1940 (16 

U.S.C. 668 et seq.) (commonly known as 

the "Bald and Golden Eagle Protection 

Act"); and 

(ix) any other Federal law that the 

Chair determines to be appropriate. 
25 


35696.024

EDW18485 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

S.L.C. 

24 

(B) El\TVIRONMENT AL RE\1E\VS.-The 

guidance under paragTaph (1) shall include direction to States and other interested parties 

for the development of programmatic environmental re1riews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

seq.) for carbon capture, utilization, and sequestration projects and carbon dioxide pipelines. 

(C) PUBLIC INVOL\'EMENT.-The guidance 

under paragraph (1) shall be subject to the 

public notice, comment, and solicitation of information procedures under section 1506.6 of 

title 40, Code of Federal Regulations (or a successor reg11lation). 

(3) SUBMISSION; PUBLICATION.-The Chair 

17 shallIS (A) submit the guidance under paragraph 

19 ( 1) to the Committee on Emrironment and Pub20 lie ·works of the Senate and the Committee on 

21 Energy and Commerce of the House of Rep22 resentatives; and 

23 (B) as soon as practicable, make the guid24 auee publiely available. 

25 (4) EVALUAT10N.-The Chair shall-
26 


35696.025

EDW18485 S.L.C. 

25 

1 (A) periodically evaluate the reports of the 

2 task forces under subsection (d)( 5) and, as nec3 essary, revise the guidance under paragraph 

4 (1); and 

5 (B) each year, submit to the Committee on 

6 Environment and Public Works of the Senate, 

7 the Committee on Energy and Commerce of the 

8 House of Representatives, and relevant Federal 

9 agencies a report that desc:ribes any rec10 ommendations for legislation, rules, revisions to 

11 rules, or other policies that would address the 

12 issues identified by the task forces under sub13 section (d)(S). 

14 (d) TASK FORCE.-

15 (1) ESTABLISHME.NT.-Not later than 18 

16 months after the date of enactment of this Act, the 

17 Chair shall establish not less than 2 task forces, 

18 which shall each coYer a different geographical area 

19 with differing demographic, land use, or geological 

20 lSSUeS21 (A) to identify permitting and other chal22 leng·es and successes that permitting· authorities 

23 and project developers and operators face; and 

24 (B) to improYe the performance of the per25 mitting process and regional coordination for 
27 


35696.026

EDW18485 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

S.L.C. 

26 

the purpose of promoting the efficient, orderly, 

and responsible development of carbon capture, 

utilization, and sequestration projects and carbon dioxide pipelines. 

(2) MEMBERS Al\TD SELECTION.-

(A) IN GENERAL.-The Chair shall-

(i) develop criteria for the selection of 

members to each task force; and 

(ii) select members for each task force 

in accordance vvith clause (i) and subparagraph (B). 

(B) MEMBERS.-Each task force-----

(i) shall include not less than 1 representative of each of-

(I) the Environmental Protection 

Agency; 

nor; 

(II) the Department of Energy; 

(III) the Department of the Inte-

(I\T) any other Federal agency 

the Chair determines to be appropriate; 

(V) any State that requests partieipation in the geographical area 

covered by the task force; 
28 


35696.027

EDW18485 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

S.L.C. 

27 

(VI) deYelopers or operators of 

carbon capture, utilization, and sequestration projects or carbon dioxide 

pipelines; and 

(VII) nong·overnmental membership organizations, the primary mission of whieh coneerns protection of 

the environment; and 

(ii) at the request of a Tribal or local 

g-overnment, may include a representative 

of-

(I) not less than 1 loeal g·overnment in the geographical area covered 

by the task force; and 

(II) not less than 1 Tribal government in the geographical area coYered by the task force. 

(3) MEETINGS.-

(A) IN GENERAJ,.-Each task fon~e shall 

meet not less than twice eaeh year. 

(B) JOINT MEETING.-To the maximum 

extent practicable, the task forees shall meet 

collectively not less than onee each year. 

(4) DuTTES.-Eaeh task foree shall-
29 


35696.028

EDW18485 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

S.L.C. 

28 

(A) inYentory existing or potential Federal 

and State approaches to facilitate revievvs associated with the deployment of carbon capture, 

utilization, and sequestration projects and carbon dioxide pipelines, including best practices 

that-

(i) avoid duplicative re,riews; 

(ii) engage stakeholders early in the 

permitting process; and 

(iii) make the permitting process efficient, orderly, and responsible. 

(B) develop common models for State-leYel 

carbon dioxide pipeline regulation and oYersight 

guidelines that can be shared ~rith States in the 

geogTaphical area covered by the task force; 

(C) prO\ride technical assistance to States 

m the geographical area covered by the task 

force in implementing regulatory requirements 

and any models developed under subparagraph 

(B); 

(D) inventory current or emerging activities that transform captured carbon dioxide into 

a product of commercial value, or as an input 

to products of commercial value; 
30 


35696.029

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

S.LC. 

29 

(E) identify gaps m the current Pederal 

and State regulatory frame'i~'ork and in existing 

data for the deployment of carbon capture, utilization, and sequestration projects and carbon 

dioxide pipelines; 

(P) identify ~.,ederal and State financing 

mechanisms available to project developers, including tax credits under section 45Q of the Internal Revenue Code of 1986; 

(G) identify any lifecycle analysis developed pursuant to section 45Q(f)(5)(B) of the 

Internal Revenue Code of 1986; and 

(H) develop recommendations for relevant 

Pederal agencies on how to develop and research technologies that-

(i) can capture carbon dioxide; and 

(ii) would be able to be deployed \Vithin the region eovered by the task force, ineluding any projects that have received 

technical or financial assistance for research under paragraph ( 6) of section 

103(g) of the Olean Air Act ( 42 U.S.O. 

7403(g)). 
31 


35696.030

ED\\'18485 S.L.C. 

30 

1 (5) REPORT.-Each year, each task force shall 

2 prepare and. submit to the Chair and. to the other 

3 task forces a report that includes4 (A) any recommendations for improYe5 ments in efficient, orderly, and responsible 

6 Issuance or administration of Federal permits 

7 and other Federal authorizations required 

8 under a law described in subsection (c)(2)(A); 

9 and 

10 (B) any other nationally relevant informal! tion that the task force has collected in carrying 

12 out the duties under paragraph (4). 

13 (6) EVALUATION.-Not later than December 

14 31, 2023, the Chair shall15 (A) reevaluate the need. for the task forces; 

16 and 

17 (B) submit to Congress a recommendation 

18 as to whether the task forces should continue. 
32 

Senator BARRASSO. This morning we will also consider S. 2800, 

America’s Water Infrastructure Act of 2018. This is bipartisan legislation I introduced along with Committee Ranking Member Carper, Transportation Infrastructure Subcommittee Chairman Inhofe, 

and Subcommittee Ranking Member Cardin. The bill is also cosponsored by Committee members Capito, Van Hollen, Wicker, 

Boozman, Whitehouse, and Sullivan. 

America’s Water Infrastructure Act will grow the Nation’s economy, will give State and local leaders increased input in water infrastructure projects, will cut bureaucratic red tape, and will make 

communities safer from dangerous floods and droughts. President 

Trump has called for a comprehensive infrastructure initiative. 

America’s Water Infrastructure Act is a significant piece of that 

initiative. 

Last week during our Committee hearing, R.D. James, Assistant 

Secretary of the Army for Civil Works, said the bill will fulfill key 

principles outlined by President Trump. These principles include 

rebuilding America’s water infrastructure by cutting red tape, by 

approving projects in a timely and effective manner, by giving more 

local control, by increasing the focus on rural America, and by 

leveraging Federal dollars. More specifically, the bill gives State 

and local leaders a significantly increased role in prioritizing 

projects. 

The legislation also reauthorizes the Water Infrastructure Flexibility Act, or WIFIA. This leverages billions of dollars in non-Federal investment for water infrastructure projects. The bill will grow 

America’s economy and create jobs. It authorizes projects that will 

increase water storage, deepen nationally significant ports, address 

aging irrigation systems, and maintain the navigability of our inland waterways. It will also protect communities from dangerous 

floods. 

Today we will vote on a bipartisan manager’s substitute amendment to further improve the bill. I have worked closely with Ranking Member Carper to draft this amendment. It will help get water 

infrastructure projects started faster. The amendment will push 

the Corps to take just 2 years to complete its feasibility studies for 

potential projects. That is in line with goal President Trump has 

set. The bill allows the Corps to review, and if necessary, initiate 

new categorical exclusions so projects aren’t unnecessarily delayed 

due to environmental red tape. 

The amendment also includes language that helps smaller rural 

communities leverage WIFIA dollars so that they can complete 

needed infrastructure projects. The language is a modified version 

of Senator Boozman’s SRF WIN bill, and I would like to thank him 

for all of his hard work on this important legislation. 

Thank you, Senator Boozman. 

The amendment also includes the Buy America language. After 

consulting with Senators Capito and Carper I have agreed to add 

this provision. As the bill proceeds through the legislative process, 

we are going to work to limit this provision’s impact on small, disadvantaged, and rural communities. 

I want to thank Ranking Member Carper and Senator Inhofe and 

Senator Cardin, all the members of the Committee, and their staffs 

33 

for their hard work on this bill. I urge all the members to support 

the important infrastructure legislation. 

[The text of S. 2800 and the related report follow:] 

34 


35696.031

liAZI!l.flli S.J •. C. 

AME~Dl'IIENT NO .. __ _ Calendar No. __ _ 

Pmvosc: In the nature of a substitute. 

IN THE SENATE OF THE UNITED STATEB-115th Cong., 2d Sess. 

S.2800 

To prmitlc for the consct·vation ancl development of" water 

nntl rclntctl resources, to anthotize the Secretary of the 

.. i\J1n~· to constmct various projects for improYcmcnts 

to liw!rs nml l1nrbors of the United States, nncl for 

otht•J' Jlt111JOSCS. 

Rcfm1-cd to the Committee on --------- nnd 

ordered to be printed 

Ordered to lie on the table and to he printed 

MIE~D:\IEXT IN Tim NATUHE OF A SunSTITlJTE intended 

to h~ Jll'O)losed h? Mr. BARUASSO (for himself, MJ•, CAnI'EU, 1\Ir: I~UOFE, nml Mr. CAimTN)t-\'!>.Ccu>\\D,tv\'r.\fAV\ \\o\\.en, 

Viz:' MY. w,c..'ft,Q., \-\(. &<>~~ ,Mt: \,IM\\t.~ 

1 Strike nll after the enacting clause nnd insert the fol2 lowing: 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (n) SnonT TrTr.E.-This Act may be cited ns the· 

5 ".America's Water Infrastructure Act of' 2018". 

6 (h) TABJ,E OF CO~"TENTS.-The table of contents for 

7 this Act is as follows: 

&'(•, I. Shnrt title; tnhll' or t'nntt•nlll. 

~!'(', :!. JMinitinn ~r St-cn•tm;\'. 

TJTU~ J-OENERAJ, l'R0\7JSfONS 
35 


35696.032

lllAZ18416 S.L.C. 

2 

Sec.. 1002. Notional Acmlemy studies. 

Sec. 1003. GAO study on benefit-cost analysis rcfonns. 

Sec. 1004. Trnnspnrcncy and nccountnbility in cost-shnring for water resources 

projects. 

Sec. 1005. Non-Federal sponsor reimbursements. 

Sec. 1006. Challenge eost-slmring program for the management of recreation 

facilities. 

Sec. 1007. Cost estimates. 

Sec. 1008. Retroactive changes to cost-sharing agreements. 

Sec. 1009. Project partnership agreements. 

Sec. 1010. Study ond report on expediting certain wah·cr processes. 

Sec. 1011. Feasibility studies for mitigation of stonn damage. 

Sec. 1012. Extended community assistnnec by the Corps of Engineers. 

Sec. 1013. Admnccd funds for water resources development studies ami 

projects. 

Sec. 1014. lmplcmcntntion guidance. 

Sec. 1015. Implementation guidance for this Act. 

Sec. 1016. Easements for certain rural electric, telephone, and broadband scn•-

ice facilities. 

Sec. 1017. Corps capabilities. 

Sec. 1018. Project authorization funding lines. 

Sec. 1019. Consolidation of studies; report. 

Sec. 1020. Non-Federal study and construction of projects. 

;:,ec. i0'21. Reports to Congress. 

Sec; 1022. Disposition studies. 

Sec. 1023. Naturnl infrastructure. 

Sec. 1024. Watercraft inspection stations. 

Sec. 1025. Reauthorization of non-Federal implementation pilot program. 

Sec. 1026. Project studies subject to independent peer rc'iew. 

Sec. 1027. Expedited consitleration. 

Sec. 1028. WIFIA study. 

Sec. 1029. Enhanced development demonstration program. 

Sec. 1030. Duplication of cffort.q, 

Sec. 1031. Corps of Engineers Board of Appeals for certain water storage 

projects. 

Sec. 1032. Sense of Congress relating to local role in Corps projects. 

Sec. 1033. Sense of Congress relating to study of water resources development 

projects by non-Federal interests. 

Sec. 1034. Sense of Congress relating to project partnership agreements. 

Sec. 1035. Sense of Congress relating to encouraging resilient techniques and 

habitat connectivity in ecosystem restoration. 

Sec. 1036. Alterntions to local flood control projects. 

Sec. 1037. Non-Fedcrnl construction. 

Sec. 1038. Contributed funds for non-Fedcrnl rcscn•oir operations. 

Sec. 1039. Mitigation bank credit release schedules. 

Sec. 1040. Innovative materials report. 

Sec. 1041. Updates to benefit-east analysis. 

Sec. 1042. Local government water management plans. 

Sec. 1043. Access to real estntc datn. 

Sec. 1044. Admnced funds for discrete segments. 

Sec. 1045. Inclusion of non-Fcdcrnl interests in project consultations. 

Sec. 1046. Categorical e."{clusions. 

Sec. 1047. Gcomatic data. 

Sec. 1048. Flexibility for projects. 
36 


35696.033

1.1AZ18416 

3 

TITLE II-STUDIES, MODIFICATIONS, AND PROJECT 

AUTHORIZATIONS 

Subtitle A-Studies 

Sec. 2001. Authorization of proposed feasibility studies. 

Sec. 2002. Lower Missouri Hiwr Bank stabilization and na\;gntion. 

S.L.C. 

Subtitle B-Dcauthorizations, Modifications, and Related PrO\;sions 

Sec. 2101. Samnnah Harbor e.~ansion project. 

Sec. 2102. Dcauthorization of Svenscn Island. 

Sec. 2103. Whittier Narrows study. 

See. 2104. West Tennessee tributaries project, Tennessee. 

See. 2105. Bridgeport IIarbor-Pcquonnock RiYcr na\;gntion project, Connecticut. 

Sec. 2106. Levees L-212 and L-231, Four River Basin, Ocklawaha River, Florida. 

See. 2107. Corps of Engineers bridge repair and divestiture progrnm for New 

England evacuation routes. 

Sec. 2108. Boston Harbor resen·ed channel dcauthorizations. 

Sec. 2109. Project dcnuthorization nnd study e.'rtensions. 

Sec. 2110. Deautlwrization of inactive studies. 

Sec. 2111. Certain disposition studies. 

Sec. 2112. Locks ami Dams 1 through 4, Kentucky River, Kentucky. 

Sec. 2113. IGssimmee Rh·er restorntion. 

Sec. 2114. Norfolk Harbor and channel, Thimble Shoal \l;dening, Virginia. 

Subtitle C-Water Resources Infrastructure 

Sec. 2201. Project authorizations. 

Sec. 2202. McMicken Dam, Arizona, and Muddy Ri\·cr, Massachusetts. 

Sec. 2203. Em;ronmcntal infrnstructure projects. 

Sec. 2204. Conditional reauthorization of em;ronmental projects. 

Sec. 2205. Sense of Congress relating to West Haven, Connecticut. 

Sec. 2206. Coastal Texns study. 

Subtitle D-Expedited and ;\[odilicd Studies and Projects 

Sec. 2301. Rahway River Basin flood risk management project. 

Sec. 2302. Hudson-Raritan Estuary ComprehcnsiYe Restoration Project. 

Sec. 2303. Certain projects in Rhode Island. 

Sec. 2304. Cedar Rh·cr, Iowa. 

Sec. 2305. Plymouth Harbor, Massachusetts. 

Sec. 2306. Brandon Road study. 

Sec. 2307. Ccntrnl Everglades Planning Project. 

Sec. 2308. Portsmouth Harbor and Piscataqua River. 

Sec. 2309. Blain Road footbridge, Thompson, Connecticut. 

Sec. 2310. Table Rock Lake, Arkansas and Missouri. 

Sec. 2311. l\lcCook Rescn'Oir, Illinois. 

Sec. 2312. Baptiste Collette Bayou study, Louisiana. 

Sec. 2313. Morganza to the Gulf, Louisiana. 

Sec. 2314. Louisiana Coastal Area. 

Sec. 2315. Louisiana Coastal Arca-Bnrntaria Basin Barrier. 

Sec. 2316. West Shore Lake Pontclmrtrnin, Louisiana. 

Sec. 2317. Southwest Coastal Louisiana. 

Sec. 2318. New York-New Jersey Harbor and Tributaries feasibility study. 
37 


35696.034

l\IAZ18416 s.r~.c. 

4 

Sec. 2319. Lower Drule shoreline stabilizntion project. 

See. 2320. Ilnmpton Harbor, New Hampshire, nmigation improvement project. 

See. 2321. New Jersey nml Dclnwnrc Dnek Dnys Coastnl Storm Risk l\lnnngcment. 

See. 2322. Minnesota locks nnd dams divestment study. 

See. 2323. Houma Na,igntion Cnnal, Louisiana. 

TITLE UI-PRil\L\RY CORPS OF ENGINEERS ACTMTIES 

Subtitle A-Continuing Authorities Programs 

Sec. 3001. Corps of Engineers continuing nuthorities progrnm. 

Sec. 3002. Sense of Congress relating to continuing authorities program. 

See. 3003. Report relating to nvnilnbility of prioritized CAP projects. 

Subtitle D-Na\igntion 

PART 1-INI..AND WATERWAYS 

See. 3101. GAO study on na\igntion and ecosystem sustninability program. 

Sec. 3102. l\leCleUan-Kerr Arknnsas River Nnvigation System. 

PART II-PORTS A."ID IIARDORS 

Sec. 3111. Bench renourishment and shoreline protection demonstration program. 

Sec. 3112. Authorizntion of approprintions for purehnse of mnt sinking unit. 

Sec. 3113. l\lnt sinking unit. 

See. 3114. Sense of Congress relating to Kennebec Rh-cr Federal nnvigntion 

channel. 

Sec. 3115. Sense of Congress relating to Wilmington Hnrbor dredging. 

See. 3116. Port of Arlington. 

Sec. 3117. Pearl Rh·cr Dnsin demonstration program. 

Sec. 3118. Expc1lited initintion. 

Sec. 3119. Deneficial usc of dredged sediment. 

Sec. 3120. Rule for bench nourishment and shoreline protection project.•. 

PART III-l\IISCELLANEOUS PROVISIONS 

See. 3121. Report on debris remo\111. 

See. 3122. Cape Arundel Disposal Site, l\lninc. 

Sec. 3123. Dclnware River nn,igntion project. 

See. 3124. Sense of Congress relnting to erosion on the banks of the Ohio River 

ncar ClnrkS\illc, Imlinnn. 

Subtitle C-Locks, Dams, Levees, and Dikes 

Sec. 3201. Certnin le\'Ce improvements. 

Sec. 3202. Rehnbilitation of Corps of Engineers constructed dams. 

Sec. 3203. Non-Federal doms. 

Sec. 3204. Rcnuthorizntion of Nntionol Dam Safety Progrnm Act. 

Sec. 3205. Sense of Congress relating to implementation guidance for dam 

safety repair projects. 

Sec. 3206. Rcnuthorizotion of national levee safety progrnm. 

Sec. 3207. Rcnuthorizotion of lock opcrntions pilot program. 

Sec. 3208. Restricted areas at Corps of Engineers dams. 

See. 3209. Ccrtnin Dureau of Reclamntion dikes. 

Sec. 3210. Rehabilitation of high-hnznrd potential dnms. 
38 


35696.035

l\L\Z18416 S.L.C. 

5 

Sec. 3211. l\Iaintcnnncc of high risk flood control projects. 

Subtitle D-Wntcr Supply 

Sec. 3301. Authority to make entire active capacity of Fontcncllc Reservoir 

n\·nilnblc for use. 

Sec. 3302. Pricing of water stornge contracts. 

Sec. 3303. Report on water supply contract, Wright Patman Lake, Te:ms. 

Sec. 3304. Sense of Congress relating to Wright Patman Lake, Sulphur Rh·cr 

Basin, Texas. 

Sec. 3305. City reservoir expansion pilot program. 

Sec. 3306. Sense of Congress relating to water-related infrastructure in Idaho, 

1\Iontana, rurnl Nevada, New 1\Ie.'Cico, rural Utah, and Wyoming. 

Sec. 3307. Groundwater and well water testing and treatment progrnm. 

Subtitle E--Scdimcnt l\Ianngemcnt 

Sec. 3401. l\Iissouri Rh·cr reservoir sediment management. 

Sec. 3402. Reservoir sediment. 

Sec. 3403. Regional sediment management. 

Subtitle F-Fiood Risk 1\rnnngcment 

Sec. 3501. Icc jam pre\1mtion and mitigntion. 

Sec. 3502. Upper 1\lissouri River Basin flood and drought monitoring. 

Sec. 3503. Policies that impact flood fight management projects within urban 

areas. 

Sec. 3504. Missouri Rh·er and tributaries at Kansas Cities, lllissouri and Kansas. 

Sec. 3505. Fargo-1\Ioorheml l\1ctropolitan Area Diversion Project, North Dakota. 

Subtitle G-Rh·cr Basins, Watersheds, and Coastal Arens 

Sec. 3601. Long-term flood risk reduction, Upper 1\lissouri Rh·cr Dnsin, Snake 

River Basin, ami Red Rh·cr Basin. 

Sec. 3602. Sense of Congress relating to provision of resources for emergency 

infrnstructurc repairs. 

Sec. 3603. Sense of Congress on emergency management assistance. 

Sec. 3604. Grent Lakes Fish and Wildlife Restorntion Act of 1990. 

Sec. 3605. Grcnt Lakes Rcstorntion Initiath·c. 

Sec. 3606. Great Lakes Coastal Resiliency study. 

Sec. 3607. Special rule for bench nourishment. 

Sec. 3608. Extension for certain coastal storm damage reduction progrnms. 

Sec. 3609. Snake River Basin flood pre\-cntion action plnn. 

Sec. 3610. Authorization of appropriations for Columbia Rh·cr Basin restorntion. 

Sec. 3611, llliddle Rio Grande peak flow restoration. 

Sec. 3612. North Atlantic Division report on hurricane barriers ami harbors of 

refuge in New England. 

Sec. 3613. Study on innm11th·c ports for offshore wind dc,·clopmcnt. 

Subtitle II-Environmcntal l\Ianagement 

Sec. 3701. Rcautl10rization of Rio Grande cmironmentnl management program. 

Sec. 3702. Amendments to Long Island Sound programs. 
39 


35696.036

l\IAZ18416 S.L.C. 

6 

Sec. 3703. Sense of Congress relating to the Caiio 1\lartin Pmia ecosystem restoration project. 

Subtitle !-Tribal Progrnms 

Sec. 3801. Inflation a<ljustmcnt of cost-shoring provisions for territories and 

lmlinn Tribes. 

Sec. 3802. Tribal Partnership Program. 

Sec. 3803. Blackfeet water rights settlement. 

Sec. 3804. Bonne\ille Dam, Oregon. 

Sec. 3805. John Day Dam, Oregon. 

Sec. 3806. Dalles Dam, Oregon. 

See. 3807. Indian irrigation fund reauthorization. 

Sec. 3808. Reauthorization of repair, replacement, and maintenance of certain 

Indian irrigation projects. 

Sec. 3809. Indian dam safety reauthorization. 

Sec. 3810. GAO report on Alaska Native ,;nage relocation efforts due to flooding and erosion threats. 

TITIJE IV-8ENSE OF CONGRESS RELATING TO CERTAIN 

PROJECTS 

Sec. 4001. Sense of Congress relating to certain projects. 

TITLE V-EPA-RELATED PROVISIONS 

Sec. 5001. Stormwater infrastructure funding task force. 

Sec. 5002. Reauthorization of the Water Infrastructure Finance and Innovation 

Act. 

Sec. 5003. Indian rescn·ation drinking water and wastewater pilot program. 

Sec. 5004. Technical assistance for treatment works. 

Sec. 5005. Clean, safe, reliable water infrastructure. 

Sec. 5006. Water infrastructure fle.~bility. 

Sec. 5007. Water Resources Research Act amendments. 

Sec. 5008. Study on intractable water systems. 

Sec. 5009. National onsitc wastewater recycling. 

Sec. 5010. Water infrastructure and workforce investment. 

Sec. 5011. Sense ofCongrcs.~ relating to State rcvohing funds. 

Sec. 5012. GAO study on WIFI.A pi'Qjects in small communities, rural communities, disndmntagcd communities, and Tribal communities. 

Sec. 5013. American iron and steel products. 

Sec. 5014. Sense of Congress relating to access to nonpotablc water. 

Sec. 5015. Innovntive financing for State loon funds. 

Sec. 5016. Water infrastructure resiliency and sustninability. 

1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term "Secretary" means the Sec3 retary of the Army. 
40 


35696.037

lllAZ18416 S.L.C. 

7 

1 TITLE I-GENERAL PROVISIONS 

2 SEC. 1001. CORPS BUDGETING. 

3 (a) PURPOSES.-The purposes of this section are4 (I) to require the Corps of Engineers to provide 

5 a budget on a 5-year basis, allowing for6 (.A) districts of the Corps of Engineers to 

7 manage projects and initiatives of regional, 

8 Tribal, and local significance; and 

9 (B) the headquarters office of the Corps of 

10 Engineers to manage projects and initiatives of 

11 national significance; 

12 (2) to require the Secretary to allocate a budget 

13 for each district of the Corps of Engineers and to 

14 give responsibility to those districts to develop and 

15 implement the district 5-year budget and work plan; 

16 and 

17 (3) to increase local and non-Federal partner 

18 and stakeholder input in the process to improve 

19 budgeting of activities by the Secretary. 

20 (b) DEFINITIONS.-ln this section: 

21 (1) .AsSISTANT SECRETARY.-The term ".Assist22 ant Secretary" means the .Assistant Secretary of the 

23 Army for Civil Works. 

24 (2) COM ACCOUNTS.-
41 


35696.038

l\lAZIB416 S.L.C. 

8 

1 (A) IN GENERAL.-The term "COM ac2 counts" means3 (i) the Civil Works Program Con4 struction appropriations account of the 

5 Secretary; and 

6 (ii) the Civil Works Program Oper7 ation and Maintenance appropriations ac8 count of the Secretary. 

9 (B) lNCLUSION.-The term "COM ac10 counts" includes the portions of the Civil Works 

11 Program .Mississippi River and Tributaries ap12 propriations account of the Secretary specifi13 cally relating to14 (i) construction; or 

15 (ii) operations and maintenance. 

16 (3) COST-SHARE PARTNER.-The term "cost17 share partner" means a non-Federal government 

18 agency or other entity that is legally obligated19 (A) to participate in project plan develop20 ment; or 

21 (B) to provide funds or in-kind support for 

22 plan development or project implementation. 

23 (4) DISTRICT 5-\'EAR BUDGET AND WORK 

24 PT~-The term "district 5-year budget and work 
42 


35696.039

l\IAZ18416 S.L.C. 

9 

1 plan" means a report by an appropriate District En2 gineer under subsection (e) that3 (A) includes4 (i) the district work plan for the fiscal 

5 year; and 

6 (ii) the district budget proposal for 

7 the 4-year period following the fiscal year 

8 to fund increments of work within the ju9 risdiction of the district; 

10 (B) is based on11 (i) an allocation provided for a fiscal 

12 year; and 

13 (ii) estimates based on the allocation 

14 under clause (i), assuming an annual 

15 growth rate of 2 percent; and 

16 (C) contains17 (i) a list of projects and initiatives of 

18 regional, Tribal, or local significance to be 

19 carried out through the COM account; 

20 (ii) a list of studies that the District 

21 Engineer dete~ines would potentially pro22 vide value to the United States to be car23 ried out through the Investigations ac24 count; and 
43 


35696.040

MAZ18416 S.L.C. 

10 

1 (iii) a list of projects and initiatives of 

2 national significance to be carried out 

3 through the COM accounts, if the project 

4 or initiative is selected to be carried out. 

5 (5) GOVERNl\IENT AGENCIES.-The term "gov6 ernment agencies" means Federal and non-Federal 

7 government agencies that can provide authority, ex8 pertise, or funding, in cases in which the Secretary 

9 bas limited authority or in which the government 

10 agency can assist in developing a project alternative, 

11 to collaborate on projects and plans relating to12 (A) flood damage reduction and risk man13 agement; 

14 (B) reliable water supply; 

15 (C) ecosystem restoration; and 

16 (D) other business lines. 

17 (6) HEADQUARTERS 5-YEAR BUDGET AND 

18 WORK PLAN.-The term "headquarters 5-year budg19 et and work plan" means a report by the Chief of 

20 Engineers under subsection (d) that21 (A) includes22 (i) the Corps of Engineers work plan 

23 for the fiscal year; and 

24 (ii) the Corps of Engineers budget 

25 proposal for the 4-year period follo"ing the 
44 


35696.041

l\IAZ18416 S.L.C. 

11 

1 fiscal year to fund increments of work to 

2 be carried out that is considered to be of 

3 regional, Tribal, or local significance; and 

4 (B) is based on5 (i) an amount provided for the fiscal 

6 year through an appropriations Act; and 

7 (ii) estimates based on the amount 

8 under clause (i), assuming an annual 

9 growth rate of 2 percent. 

10 (7) INTEGRATED WATER RESOURCE l\IANAGE11 1\lENT.-The term "integrated water resource man12 agement" means a holistic and mission-integrated 

13 process that14 (A) focuses on water resources challenges 

15 and opportunities; and 

16 (B) promotes collaboration with cost-share 

17 partners, relevant government agencies, and 

18 stakeholders for coordinated development and 

19 active management of water and related re20 

21 

22 

23 

24 

25 

sources-

(i) to align authorities and funding; 

(ii) to provide opportunities for information sharing; and 

(iii) to support complementary and integrated solutions to problems across Fed-
45 


35696.042

l\1AZIB416 S.L.C. 

12 

1 eral and non-Federal boundaries to deliver 

2 value to the United States based on re3 gional, Tribal, or local benefits. 

4 (8) INVESTIGATIONS ACCOUNT.-

5 (A) IN GENERAL.-The term "Investiga6 tions account" means the Civil Works Program 

7 Investigations appropriations account of the 

8 Secretary. 

9 (B) INCLUSION.-The term "Investigations 

10 account" includes the portions of the Civil 

11 Works Program Mississippi River and Tribu12 taries appropriations account of the Secretary 

13 specifically relating to investigations. 

14 (9) PROJECT.-The term "project" means any 

15 project, program, or activity carried out by the 

16 Corps of Engineers. 

17 (10) PROJECT OR INITIATIVE OF NATIONAL 

18 SIGNIFICANCE.-The term "project or initiative of 

19 national significance" means a Corps of Engineers 

20 activity that21 (A) provides value to the United States; 

22 

23 

24 

25 

and 

(B) satisfies the economic analysis or assumption and other legal and policy requirements, including the benefit-cost ratio, for po-
46 


35696.043

MAZ18416 S.L.C. 

13 

1 tential inclusion in the budget transmitted 

2 under section 1105(a) of title 31, United States 

3 Code. 

4 (11) PROJECT OR INITIATIVE OF REGIONAL, 

5 TRIBAL, OR LOCAL SIGNIFICANCE.-The term 

6 "project or initiative of regional, Tribal, or local sig7 nificance" means a Corps of Engineers activity 

8 that9 (A) provides value to the United States; 

10 but 

11 (B) does not satisfy the requirements to be 

12 considered a project or initiative of national sig13 nificance. 

14 (12) VALUE TO THE mUTED STATES.-The 

15 term "value to the United States", with respect to 

16 a project, for the United States, a region, an Indian 

17 Tribe, or a locality, means18 (A) the enhancement or stabilization of the 

19 regional, Tribal, or local economy; 

20 (B) the restoration or protection of the re21 gional, Tribal, or local environment; or 

22 (C) the provision of health, safety, and 

23 general welfare to maintain or improve the 

24 quality of life of the people of the United 

25 States. 
47 


35696.044

l\lAZ18416 S.L.C. 

14 

1 (13) \VORK PLAN PROCESS.-The term "work 

2 plan process" means the process used by the Sec3 retary and the Chief of Engineers on the date of en4 actment of tllis Act by which funds that are not allo5 cated to a specified project in an appropriations Act 

6 (including the statement of managers for such an 

7 Act) are subdivided into various categories 'vithin 

8 the areas of.-

9 (A) navigation; 

10 (B) flood risk management; and 

11 (C) other authorized project purposes. 

12 (c) BUDGET RECOl\11\IENDATIONS BY SECRETARY.-

13 (1) IN GENERAL.-Not less frequently than 

14 once each fiscal year, the Secretary shall make rec15 ommendations to Congress on the date that the 

16 budget is transmitted under section 1105(a) of title 

17 31, United States Code, for the allocation and ap18 propriation of amounts for that fiscal year in each 

19 of the major business lines for the Investigations ac20 count and the COM accounts for allocation to each 

21 district of the Corps of Engineers, for use by22 (A) the District Engineer; and 

23 (B) the civilian Deputy District Engineer 

24 for Programs and Project Management. 
48 


35696.045

l\IAZ18416 S.L.C. 

15 

1 (2) EFFECT OF SUBSECTION.-Except as spe2 cifically provided in this subsection, nothing in this 

3 subsection affects any other appropriations account 

4 of the Secretary, including5 (A) the R€gulatory appropriations account; 

6 (B) the Expenses appropriations account; 

7 (C) the Formerly Utilized Sites Remedial 

8 Action Program appropriations account; 

9 (D) the Flood Control and Coastal Emer10 gencies appropriations account; 

11 (E) the Office of the Assistant Secretary of 

12 the Army for Civil Works appropriations· ac13 count; 

14 (F) the revolving fund established by sec15 tion 101 of the Civil Functions Appropriations 

16 Act, 1954 (33 U.S.C. 576); and 

17 (G) the automation development program 

18 pursuant to House Report 103-135, accom19 panying the Energy and Water Development 

20 Appropriations Act, 1996 (Public Law 104-46; 

21 109 Stat. 402). 

22 (d) HEADQUARTERS 5-YEAR BUDGET Allm WORK 

23 PLAN.-Not less frequently than once each fiscal year, on 

24 the date that the budget is transmitted under section 

25 1105(a) of title 31, United States Code, the Secretary 
49 


35696.046

l\IAZ18416 S.L.C. 

16 

1 shall submit to Congress the headquarters 5-year budget 

2 and work plan. 

3 (e) DISTRICT 5-YEAR BUDGET AND WORK PLAN.-

4 (1) IN GENERAL.-Not less frequently than 

5 once each fiscal year, on the date that the budget is 

6 transmitted under section 1105{a) of title 31, 

7 United States Code, each District Engineer and ci8 vilian Deputy District Engineer for Programs and 

9 Project Management shall submit to Congress a dis1 0 trict 5-year budget and work plan. 

11 (2) INCLUSION.-A district 5-year budget and 

12 work plan under paragraph (1)-

13 (A) may include any project under the ju14 risdiction of the applicable District Engineer 

15 that is not included in the budget transmitted 

16 under section 1105(a) of title 31, United States 

17 Code; and 

18 (B) shall prioritize the projects based on 

19 the value to the United States of each project. 

20 {3) LEADERSillP INPUT.-The headquarters of21 fice and Major Subordinate Command of the Corps 

22 of Engineers shall provide appropriate quality assur23 ance guidance in the preparation of each district 5-

24 year budget and work plan. 
50 


35696.047

l\L\Zl8416 S.L.C. 

17 

1 (f) PUBLIC PARTICIPATION.-The Secretary shall 

2 issue guidance that requires that for the development of, 

3 or any proposed major substantive modification to, a dis4 trict 5-year budget and work plan, each District Engineer 

5 for each district shall, not less frequently than annually6 (1) provide to cost-share partners, government 

7 agencies, and stakeholders8 (A) notice and an opportunity for comment 

9 for a period of not less than 30 days to submit 

10 to the Secretary or to the District Engineer 

11 comments, including through written submis12 sion of data, opinions, or arguments, with or 

13 without an opportunity for oral presentation; 

14 (B) written responses to comments re15 ceived under subparagraph (A); and 

16 (C) a process through which cost-share 

17 partners, government agencies, and stakeIS holders may appeal decisions of the District En19 gineer regarding the contents of the district 5-

20 year budget and work plan under subsection 

21 (e)(1) to the Major Subordinate Command with 

22 jurisdiction over the District; 

23 (2) publish the comments received under para24 graph (l)(A) on the internet website of the Corps of 

25 Engineers; 
51 


35696.048

lllAZ18416 S.L.C. 

18 

1 (3) hold a public meeting to discuss each dis2 trict 5-year budget and work plan; 

3 ( 4) provide to government agencies the oppor4 tunity to consult and collaborate with each district 

5 and obtain feedback to incorporate into risk assess6 ments; and 

7 ( 5) provide to cost-share partners the oppor8 tunity to collaborate9 (A) to support information sharing; 

10 (B) to the maximum extent practicable, to 

11 share in concept development and decision-mak12 ing to achieve complementary or integrated so13 lutions to problems; and 

14 (C) to obtain feedback to incorporate into 

15 risk assessments. 

16 (g) CRITERIA FOR THE HEADQUARTERS AND DIS17 TRICT 5-YEAR BUDGET AND \VORKPLANS.-

18 (1) INTEGRATED WATER RESOURCE l\IANAGE19 MENT.-In developing a headquarters 5-year budget 

20 and work plan or district 5-year budget and work 

21 plan, the Secretary or the District Engineer, as ap22 plicable, shall ensure that applicable projects are or 

23 will be carried out in a sustainable manner that24 (A) is holistic and mission-integrated; 
52 


35696.049

l\1AZ18416 S.L.C. 

19 

1 (B) focuses on water resource challenges 

2 and opportunities; 

3 (C) promotes collaboration with stake4 holders, government agencies, and cost-share 

5 partners for coordinated development and active 

6 management of water and related resources; 

7 (D) maximizes the benefits resulting from 

8 Corps of Engineers investment; 

9 (E) aligns Corps of Engineers, government 

10 agencies, and cost-share partners authorities 

11 and funding to gain efficiencies and maximize 

12 return on investment; and 

13 (F) pursues integrated water resource 

14 management. 

15 (2) SYSTEM AND WATERSHED EVALUATION 

16 AND PRIORITIZATION.-The Secretary shall issue 

17 guidance to ensure, in the development of a head18 quarters 5-year budget and work plan or district 5-

19 year budget and work plan20 (A) the use of modeling and data to evalu21 'ate the performance of project assets on a sys22 tern or watershed basis in yielding system-wide 

23 or watershed-wide benefits; and 
53 


35696.050

l\1AZ18416 S.L.C. 

20 

1 (B) the prioritization of activities and 

2 management of infrastructure within each rel3 evant system or watershed. 

4 (3) LIFECYCLE PORTFOLIO 1\IANAGEl\ffiNT.-ln 

5 making a determination relating to investment at 

6 any stage of a project, the Secretary shall issue 

7 guidance to ensure that the principles of lifecycle 

8 portfolio management are applied in the development 

9 of headquarters 5-year budget and work plans and 

10 district 5-year budget and work plans, including 

11 by12 (A) managing the entire lifecycle of the 

13 project, within a system or watershed context, 

14 using data and objective criteria as the basis for 

15 risk-informed investment decision-making to 

16 provide17 (i) the desired outcomes of the 

18 project; and 

19 (ii) value to the United States; and 

20 (B) managing the regional and national 

21 portfolios of projects to make cost-effective and 

22 sequenced investment decisions. 

23 ( 4) FEDERAL CONSIDERATIONS.-ln developing 

24 nnrl rm:nparing project alternatives or making any 

25 other determination for purposes of a headquarters 
54 


35696.051

IIIAZ1841G S.L.C. 

21 

1 5-year budget and work plan or district 5-year budg-· 

2 et and work plan, the Secretary shall issue guidance 

3 to ensure that each plan includes an evaluation of 

4 the projected effects of each project or initiative of 

5 national significance or project or initiative of re6 gional, Tribal, or local significance, or project alter7 native, if applicable, on8 (A) the nonmonetary physical, chemical, 

9 and biological conditions of water and related 

10 land resources in the United States, at the sys11 tern or watershed scale; 

12 (B) the economic value of13 (i) water and related land resources in 

14 the United States; and 

15 (ii) the national output of goods and 

16 services produced using those resources; 

17 (C) the reduction of, and remaining, risks 

18 to human life and safety, as measured19 (i) taking into consideration applicable 

20 flood and coastal storm damage reduction 

21 plans, and any other relevant plans; and 

22 (ii) using23 (I) nonmonetary units; or 

24 (ll) qualitative descriptions; 
55 


35696.052

l\IAZ18416 S.L.C. 

22 

1 (D) significant cultural, aesthetic, and sub2 watershed-scale ecological resources, as meas3 ured using4 (i) nonmonetary units; or 

5 (ii) qualitative descriptions; and 

6 (E) the effects described in subparagraphs 

7 (A) through (D) with respect to8 (i) low-income communities; 

9 (ii) rural communities; and 

10 (iii) Tribal and other minority com11 munities. 

12 (5) BUSINESS LINE CONSIDERATIONS.-The 

13 Secretary shall issue guidance to ensure that head14 quarters 5-year budget and work plans and district 

15 5-year budget and work plans analyze the accom16 plishments, projected challenges, and business pro17 grams funding and performance of each project or 

18 initiative of national significance and project or ini19 tiative of regional, Tribal, or local significance, tak20 ing into consideration any relevant business lines of 

21 the project or initiative. 

22 (h) EFFECT ON EXISTING PROCESS.-The budget 

23 planning processes required under subsections (d) and (e) 

24 for each fiscal year shall supplant the work plan process 

25 with respect to the applicable accounts-
56 


35696.053

.l\IAZ18416 S.L.C . 

23 

1 (1) to increase transparency regarding planned 

2 expenditures of the Corps of Engineers during the 4-

3 year period following that fiscal year; 

4 (2) to maximize the return on Federal invest5 ment; and 

6 (3) to ensure that the infrastructure of the 

7 Corps of Engineers protects laborers and employees, 

8 private investment, and production in the United 

9 States. 

10 (i) SAVINGS PROVISION.-Nothing in this section af11 fects or alters the benefit-cost analysis requirements with 

12 respect to any project for ecosystem restoration. 

13 SEC. 1002. NATIONAL ACADEMY STUDms. 

14 As soon as practicable after the date of enactment 

15 of this Act, the Secretary shall enter into an agreement 

16 with the National Academy of Sciences under which the 

17 National Academy shall conduct studies regardingIS (1) the means by which the Corps of Engineers 

19 can increase transparency in cooperating with20 (A) Congress; 

21 

22 

23 

24 

(B) State and local units of government; 

(C) local stakeholders; and 

(D) other cost-share partners, government 

agencies~ and stakeholders; 
57 


35696.054

l\IAZ18416 S.L.C. 

24 

1 (2) whether Congress should use a system-wide, 

2 rather than project-based, authorization process for 

3 water resources development projects; and 

4 (3) whether the structure and organization of 

5 the Corps of Engineers, as in effect on the date of 

6 enactment of this Act7 (A) is the most effective structure and or8 ganization for continued operation; or 

9 (B) should be modified to increasetO (i) efficiency; 

11 (ii) coordination; 

12 (iii) transparency; or 

13 (iv) cost savings. 

14 SEC. 1003. GAO STUDY ON BENEFIT-COST ANALYSIS RE15 FORMS. 

16 Not later than 1 year after the date of enactment 

17 of this Act, the Comptroller General of the United States 

18 shall19 (1) conduct a study on the benefit-cost proce20 dures of the Secretary and the Director of the Office 

21 of Management and Budget (referred to in this sec22 tion as the "Director"), including23 (A) an examination of the benefits and 

24 costs that the Secretary and the Director do 

25 and do not include in the benefit-cost calcula-
58 


35696.055

MAZ18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

S.L.C. 

25 

tion, including, at a minimum, local and regional economic benefits; and 

(B) a review of the calculation (or lack of 

a calculation) of navigation benefits used in a 

calculation for a non-commercial harbor that is 

used by a State maritime academy (as defined 

in section 51102 of title 46, United States 

Code) for military training purposes; and 

(2) submit to Congress a report that-

(A) describes the results of the study 

under paragraph (1); and 

(B) includes recommendations for legislative or regulatory changes to improve the benefit-cost analysis procedures of the Secretary 

15 and the Director. 

16 SEC. 1004. TRANSPARENCY AND ACCOUNTABILITY IN COST17 SBAErnNG FOR WATER RESOURCES 

18 PROJECTS. 

19 (a) DEFINITION OF BALANCE SHEET.-In this sec20 tion, the term "balance sheet" means a document that de21 scribes22 (1) the funds contributed by each Federal and 

23 non-Federal interest for a project; and 

24 (2) the status of those funds. 
59 


35696.056

l\IAZ18416 S.L.C. 

26 

1 (b) ESTABLISHlllENT OF BALANCE SiffiET.-Each 

2 district of the Corps of Engineers shall3 (1) maintain a balance sheet for each project 

4 carried out by the Secretary for which a non-Federal 

5 cost-share is required; and 

6 (2) on request of a non-Federal interest that 

7 contributed funds for the project, provide to the nonS Federal interest a copy of the balance sheet. 

9 (c) UNDER-BUDGET PROJECTS.-In the case of a 

10 project carried out by the Secretary for which the project 

11 is completed at a cost less than the estimated cost, the 

12 Secretary shall transfer the excess funds back to the non13 Federal interest, in accordance with the cost-share re14 quirement applicable to the project. 

15 (d) EXCESS FUNDS.-

16 (1) IN GENERAL.-In the case of a completed 

17 project carried out by the Secretary for which funds 

18 in excess of the funds needed to complete the project 

19 have been contributed by a non-Federal interest, the 

20 Secretary shall transfer the excess funds to a sepa21 rate account of the Secretary, in which the funds 

22 shall remain available until the non-Federal interest 

23 uses the funds in accordance with paragraph (2). 

24 (2) USE IN FUTURE PROJECTS OR OPERATION 

25 AND MAINTENANCE COSTS.-The non-Federal inter-
60 


35696.057

l\L\Z18416 S.L.C. 

27 

1 est may use funds in the account for the non-Fed2 eral interest under paragraph (1)-

3 (A) to pay the cost-share for other projects 

4 carried out by the Secretary for which a non5 Federal cost-share is required; and 

6 (B) to pay the costs of operation and 

7 maintenance of a project of the non-Federal in8 terest for which a non-Federal cost-share is re9 quired. 

10 SEC. 1005. NON-FEDERAL SPONSOR REIMBURSEMENTS. 

11 (a) DEFINITION OF UNREil\ffiURSED FUNDS.-In 

12 this section, the term "unreimbursed funds", with respect 

13 to a project carried out by the Secretary, means funds 

14 spent by a non-Federal sponsor, including for in-kind serv15 ices, for the project that have not been reimbursed by the 

16 Secretary under an existing agreement before the end of 

17 the fiscal year following the fiscal year in which the funds 

18 were spent. 

19 (b) APPLICATION OF Uli.TREil\IDURSED FUNDS.-ln 

20 the case of a project carried out by the Secretary under 

21 an existing agreement for which the non-Federal sponsor 

22 has unreimbursed funds, on the request of the non-Fed23 eral sponsor, the Secretary shall24 (1) credit the unreimbursed funds to-
61 


35696.058

l\IAZ18416 

1 

2 

3 

4 

5 

6 

S.L.C. 

28 

(.A) the non-Federal operation and maintenance cost-share for that project; or 

(B) the non-Federal cost-share requirement of that non-Federal sponsor for another 

project to be carried out by the Secretary; or 

(2) reimburse the funds to the non-Federal 

7 sponsor. 

8 SEC. 1006. CHALLENGE COST-SHARING PROGRAM FOR THE 

9 MANAGEMENT OF RECREATION FACILITIES. 

10 Section 225(c) of the Water Resources Development 

11 .Act of 1992 (33 U.S.C. 2328(c)) is amended12 (1) by striking "non-Federal public entity" each 

13 place it appears and inserting "non-Federal public 

14 or private entity''; and 

15 (2) by adding at the end the following: 

16 "(4) TREATl\IENT.-In carrying out this sub17 section, the Secretary shall ensure that a private en18 tity is subject to the same regulations and require19 ments as a non-Federal public entity.". 

20 SEC. 1007. COST ESTIMATES. 

21 Section 2008(c) of the Water Resources Development 

22 .Act of 2007 (33 U.S.C. 2340(c)) is amended by striking 

23 "before, on, or after" and inserting "on or after". 
62 


35696.059

IIIAZ18416 S.IJ.C. 

29 

1 SEC. 1008. RETROACTIVE CHANGES TO COST-SHARING 

2 AGREEMENTS. 

3 Study costs incurred before the date of execution of 

4 a feasibility cost-sharing agreement for a project to be car5 ried out under section 206 of the Water Resources Devel6 opment Act of 1996 {33 U.S.C. 2330) shall be Federal 

7 costs, if8 (1) the study was initiated before October 1, 

9 2006;and 

10 (2) the feasibility cost-sharing agreement was 

11 not executed before January 1, 2014. 

12 SEC. 1009. PROJECT PARTNERSIITP AGREEMENTS. 

13 (a) DEFINITION OF PROJECT PARTNERSillP AGREE14 MENT.-In this section, the term "project partnership 

15 agreement" means an agreement between the Secretary 

16 and the non-Federal sponsor of a water resources project 

17 that describes18 (1) the project; and 

19 (2) the responsibilities of each of the Secretary 

20 and the non-Federal sponsor with respect to cost21 sharing, execution of work, and other aspects of the 

22 project. 

23 (b) IMPROVED COST DESCRIPTION.-ln any project 

24 partnership agreement entered into after the date of en25 actment of this Act, the Secretary shall ensure that the 

26 project partnership agreement includes clear and detailed 
63 


35696.060

:MAZ18416 S.L.C. 

30 

1 descriptions of operation and maintenance, repair, replace2 ment, and rehabilitation costs and the entity with respon3 sibility for those costs with respect to the project. 

4 SEC. 1010. STUDY AND REPORT ON EXPEDITING CERTAIN 

5 WAIVER PROCESSES. 

6 Not later than 1 year after the date of enactment 

7 of this Act, the Secretary shall complete, and submit to 

8 the Committee on Environment and Public Works of the 

9 Senate and the Committee on Transportation and Infra10 structure of the House of Representatives a report based 

11 on the results of, a study on the best options available 

12 to the Secretary to improve and expedite the waiver proc13 ess for the non-Federal cost-share under section 116 of 

14 the Energy and Water Development and Related Agencies 

15 Appropriations Act, 2010 (Public Law 111-85; 123 Stat. 

16 2851). 

17 SEC. 1011. FEASmn.ITY STUDms FOR MITIGATION OF 

18 STORM DAMAGE. 

19 Section 105(a)(1) of the Water Resources Develop20 ment Act of 1986 (33 U.S.C. 2215(a)(1)) is amended21 (1) in subparagraph (A), by striking "The Sec22 retary'' and inserting "Except as provided in sub23 paragraph (F), the Secretary''; and 

24 (2) by adding at the end the following: 
64 


35696.061

11L\Z18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

S.L.C. 

31 

"(F) COST-SHARE FOR CERTAIN 1\IITIGATION PROJECTS.-

"(i) IN GENERAL.-In the case of a 

feasibility study described in clause (ii), 

the Federal share of the cost of the study 

shall be, as determined by the Secretary-

"(!) not less than 50 percent; 

and 

"(II) not more than 100 percent. 

"(ii) FEASIBILITY STUDIES DE· 

SCRIBED.-A feasibility study referred to 

in clause (i) is a feasibility study for a 

project for mitigation of damage to an area 

affected by weather or other events for 

which-

"(I) during the 8-year period 

ending on the date of enactment of 

the America's Water Infrastructure 

Act of2018-

"(aa) the Secretary provided 

emergency response under section 

5 of the Act of August 18, 1941 

(commonly known as the 'Flood 

Control Act of 1941') (55 Stat. 
65 


35696.062

liiAZ18416 

1 

.l 

2 

3 

4 

5 

6 

7 

8 

9 

10 

S.L.C. 

32 

650, chapter 377; 33 U.S.C. 

701n); or 

"(bb) the area received disaster assistance under the Robert 

T. Stafford Disaster Relief and 

Emergency Assistance Act ( 42 

U.S.C. 5121 et seq.); and 

"(ll) there is a significant risk 

for future similar events (as determined by the Secretary).". 

11 SEC. 1012. EXTENDED COMMUNITY ASSISTANCE BY THE 

12 CORPS OF ENGINEERS. 

13 Section 5(a) of the Act of August 18, 1941 (com14 monly known as the "Flood Control Act of 1941") (55 

15 Stat. 650, chapter 377; 33 U.S.C. 701n(a)), is amended16 (1) by redesignating paragraph (3) as para17 graph (4); and 

18 (2) by inserting after paragraph (2) the fol19 lowing: 

20 "(3) EXTENDED ASSISTANCE.-

21 "(A) IN GENERAL.-A State, Tribe, or 

22 other entity receiving assistance under the 

23 fourth sentence of paragraph (1) on land the 

24 State, Tribe, or entity owns, has jurisdiction 

25 over, or othen\ise controls, may petition the 
66 


35696.063

lllAZ18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

S.L.C. 

33 

Secretary for e::\."tended assistance, to apply after 

the 30-day period of the project under section 

203.61(b)(8) of title 33, Code of Federal Regulations (or successor regulations). 

"(B) AssJSTANCE.-On a petition under 

subparagraph (A), the Secretary shall provide 

extended assistance in accordance with this 

paragraph. 

"(C) CosT-SHARING.-Except as provided 

in subparagraph (D), extended assistance under 

this paragraph shall be subject to a minimum 

non-Federal cost-sharing requirement of 45 

percent. 

"(D) EXCEPTJON.-The Secretary-

"(i) may waive or reduce the minimum non-Federal cost-sharing requirement under subparagraph (C), at the discretion of the Secretary, if the Secretary 

determines that the financial situation of 

the non-Federal sponsor of the project 

warrants a reduction; and 

"(ii) may not impose a non-Federal 

cost-sharing requirement on a project serving a disadvantaged community (as defined 
67 


35696.064

lllAZ18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

S.L.C. 

34 

in section 1452(d) of the Safe Drinking 

Water Act (42 U.S.C. 300j-12(d)). 

"(E) FACTORS.-In determining how to 

best provide e}..i:ended assistance under this 

paragraph, the Secretary shall consider whether 

granting the e.'..'tended assistance would-

"(i) minimize costs of long-term burdens on the non-Federal sponsor of the 

project; 

"(ii) increase the resiliency of the 

project; and 

"(iii) align with long-term solutions to 

problems that the project seeks to rectify. 

"(F) SUNSET.-The authority of the Secretary to provide extended assistance under this 

paragraph shall terminate on the date that is 2 

17 years after the date of enactment of the Amer18 ica's Water Infrastructure Act of 2018.". 

19 SEC. 1019. ADVANCED FUNDS FOR WATER RESOURCES DE20 VELOPMENT STUDIES AND PROJECTS. 

21 The Act of October 15, 1940 (54 Stat. 1176, chapter 

22 884; 33 U.S.C. 701h-1) is amended23 (1) in the first sentence24 

25 

(A) by striking "Whenever any'' and inserting the following: 
68 


35696.065

l\IAZ18416 S.L.C. 

35 

1 "(a) IN GENERAL.-\Vhenever any"; 

2 (B) by striking "a flood-control project 

3 duly adopted and authorized by law" and in4 serting "an authorized water resources developS ment study or project,"; and 

6 (C) by striking "such work" and inserting 

7 "such study or project"; 

8 (2) in the second sentence9 (A) by striking "The Secretary of the 

10 Army'' and inserting the following: 

11 "(b) REPAYl\IENT.-The Secretary of the Army''; and 

12 (B) by striking "from appropriations which 

13 may be provided by Congress for flood-control 

14 work" and inserting "if specific appropriations 

15 are provided by Congress for such purpose"; 

16 and 

17 (3) by adding at the end the following: 

18 "(c) AUTHORIZATION OF APPROPRIATIONS.-There 

19 is authorized to be appropriated to the Secretary to pro20 vide repayment under subsection (b) $50,000,000 for each 

21 of fiscal years 2020 and 2021. 

22 "(d) DEFINITION OF STATE.-ln this section, the 

23 term 'State' means24 

25 

"(1) . a State: . 

"(2) the District of Columbia; 
69 


35696.066

lllAZ18416 S.L.C. 

36 

1 "(3) the Commonwealth of Puerto Rico; 

2 "(4) any other territory or possession of the 

3 United States; and 

4 " ( 5) a federally recognized Indian tribe or a 

5 tribal organization (as defined in section 4 of the In6 dian Self-Determination and Education Assistance 

7 Act (25 U.S.C. 5304)).". 

8 SEC. 1014. IMPLEMENTATION GUIDANCE. 

9 (a) IN GEI\'ERAL.-Except as provided in subsection 

10 (b), not later than 120 days after the date of enactment 

11 of this Act, the Secretary shall issue guidance to imple12 ment each provision of law (including an amendment made 

13 to a provision of law) under the jurisdiction of the Sec14 retary, for which guidance has not been issued as of the 

15 date of enactment of this Act, undel"-

16 (1) the 'Vater Resources Reform and Develop17 ment Act of 2014 (128 Stat. 1193); and 

18 (2) the 'Vater Infrastructure Improvements for 

19 the Nation Act (130 Stat. 1628). 

20 (b) ExcEPTION.-Subsection (a) shall not apply with 

21 respect to a provision of law for which a lack of funds 

22 appropriated to carry out that provision prevents imple23 mentation guidance from being issued. 
70 


35696.067

J\IAZ18416 S.L.C. 

37 

1 SEC. 1015. IMPLEMENTATION GUIDANCE FOR TillS ACT. 

2 (a) IN GENERAL.-Not later than 1 year after the 

3 date of enactment of this Act, the Secretary shall issue 

4 guidance to carry out this Act and any amendments made 

5 by this Act with respect to a provision of law under the 

6 jurisdiction of the Secretary. 

7 (b) EXCEPTION.-Subsection (a) shall not apply with 

8 respect to a provision of law for which a lack of funds 

9 appropriated to carry out that provision prevents imple10 mentation guidance from being issued. 

11 (c) PUBLIC COMJ\IENT.-Before issuing any guidance 

12 under subsection (a), the Secretary shall provide an oppor13 tunity for public comment on the proposed guidance. 

14 (d) SUBJ\ITSSION.-The Secretary shall submit to the 

15 Committee on Environment and Public Works of the Sen16 ate and the Committee on Transportation and Infrastruc17 ture of the House of Representatives a copy of all public 

18 comments received under subsection (c) and a description 

19 of any consideration of those comments. 

20 SEC. 1016. EASEMENTS FOR CERTAIN RURAL ELECTRIC, 

21 

22 

TELEPHONE, AND BROADBAND SERVICE FACILITIES. 

23 Section 1172 of the Water Infrastructure Improve24 ments for the Nation Act (33 U.S.C. 2354) is amended25 (1) by redesignating subsection (c) as sub26 section (d); and 
71 


35696.068

JllAZI8416 S.L.C. 

38 

1 (2) by inserting after subsection (b) the fol2 lowing: 

3 "(c) CERTAIN EASEl\IENTS.-

4 "(1) IN GENERAL.-The Secretary shall grant 

5 an easement across water resources development 

6 project land for the electric, telephone, or broadband 

7 service facilities of a nonprofit organization that is 

8 eligible for financing under the Rural Electrification 

9 Act of 1936 (7 U.S.C. 901 et seq.) if the easement 

10 does not interfere with the safe functioning of the 

11 water resources development project. 

12 "(2) PLACEMENT.-The placement of an ease13 ment under paragraph (1) shall be at the discretion 

14 of the Secretary.". 

15 SEC. 1017. CORPS CAPABILITIES. 

16 Not later than 1 year after the date of enactment 

17 of this Act, the Secretary shall conduct and complete the 

18 study under section 936 of the Water Resources Develop19 ment Act of 1986 (33 U.S.C. 2300). 

20 SEC. 1018. PROJECT AUTHORIZATION FUNDING LINES. 

21 In any case in which a project under the jurisdiction 

22 of the Secretary is budgeted under a different business 

23 line than the business line under which the project was 

24 originally authorized, the Secretary shall ensure that the 

25 project is carried out in accordance with any requirements 
72 


35696.069

lllAZ18416 S.L.C. 

39 

1 that apply to the business line under which the project 

2 was originally authorized. 

3 SEC. 1019. CONSOLIDATION OF STUDIES; REPORT. 

4 (a) IN GENERAL.-Not later than 1 year after the 

5 date of enactment of this Act, the Secretary shall complete 

6 a study on whether section 1002 of the Water Resources 

7 Reform and Development Act of 2014 (128 Stat. 1198) 

8 and the amendments made by that section limit options 

9 available to the Secretary to fund work relating to10 (1) feasibility scoping; 

11 (2) project management planning; and 

12 (3) review plan development. 

13 (b) REPORT TO CONGRESS.-Not later than 1 year 

14 after the date of enactment of this Act, the Secretary shall 

15 submit to Congress a report describing the results of the 

16 study under subsection (a). 

17 SEC. 1020. NON-FEDERAL STUDY AND CONSTRUCTION OF 

18 PROJECTS. 

19 Section 203(e) of the Water Resources Development 

20 Act of 1986 (33 U.S.C. 2231(e)) is amended21 (1) by striking "At the request of a non-Fed22 eral interest, the Secretary may provide" and insert23 ing the following: 

24 "(1) IN GENERAL.-On the request of a non25 Federal interest, the Secretary shall provide"; and 
73 


35696.070

l\IAZ18416 S.L.C. 

40 

1 (2) by adding at the end the following: 

2 "(2) SAVINGS PROVISION.-The provision of 

3 technical assistance by the Secretmy under para4 graph (1)-

5 "(A) shall not be considered to be an ap6 proval or endorsement of the feasibility study; 

7 and 

8 "(B) shall not affect the responsibilities of 

9 the SecretarytO "(i) to review the feasibility study for 

11 compliance with applicable Federal laws 

12 (including regulations) under subsection 

13 (b); and 

14 "(ii) to make recommendations to 

15 Congress on the plan or design of the 

16 project under subsection (c).". 

17 SEC. 1021. REPORTS TO CONGRESS. 

' 18 (a) IN GENERAL.-Subject to the availability of ap19 propriations, the Secretary shall complete and submit to 

20 Congress by the applicable date required any report or 

21 study required under this Act or an amendment made by 

22 thisAct. 

23 (b) FAILURE TO PROVIDE A COMPLETED REPORT OR 

24 STUDY.-
74 


35696.071

l\lAZ1B416 S.L.C. 

41 

1 (1) IN GENERAL.-Subject to subsection (c), if 

2 the Secretary fails to provide a report or study de3 scribed in subsection (a) by the date that is 180 

4 days after the applicable date required for that re5 port or study, $5,000 shall be reprogrammed from 

6 the General E>..'Jlenses account of the civil works pro7 gram of the Army Corps of Engineers into the ac8 count of the division of the Army Corps of Engi9 neers 'vith responsibility for completing that report 

10 or study. 

11 (2) SUBSEQUENT REPROGRAl\Il\ITNG.-Subject 

12 to subsection (c), for each additional week after the 

13 date described in paragraph (1) in which a report or 

14 study described in that paragraph remains 

15 uncompleted and unsubmitted to Congress, $5,000 

16 shall be reprogrammed from the General Expenses 

17 account of the civil works program of the Army 

18 Corps of Engineers into the account of the division 

19 of the Secretary with responsibility for completing 

20 that report or study. 

21 (c) Lil\ITTATIONS.-

22 (1) IN GENERAL.-For each report or study, 

23 the total amounts reprogrammed under subsection 

24 (b) shall not exceed~ in any fiscal year, $50,000. 
75 


35696.072

l\IAZ18416 S.L.C. 

42 

1 (2) AGGREGATE Lil\llTATION.-The total 

2 amount reprogrammed under subsection (b) in a fis3 cal year shall not exceed $100,000. 

4 (d) No FAULT OF THE SECRETARY.-Amounts shall 

5 not be reprogrammed under subsection (b) if the Secretary 

6 certifies in a letter to the applicable committees of Con7 gress that8 (1) a major modification has been made to the 

9 content of the report or study that requires addi1 0 tiona} analysis for the Secretary to make a final dell cision on the report or study; 

12 (2) amounts have not been appropriated to the 

13 agency under this Act or any other Act to carry out 

14 the report or study; or 

15 (3) additional information is required from an 

16 entity other than the Corps of Engineers and is not 

17 available in a timely manner to complete the report 

18 or study by the deadline. 

19 (e) Lil\ITTATION.-The Secretary shall not reprogram 

20 funds to the General EJ~.-penses account of the civil works 

21 program of the Corps of Engineers for the loss of the 

22 funds. 

23 (f) REPORT.-Not less frequently than once each fis24 cal year, the Secretary shall submit to the Committee on 

25 Environment and Public Works of the Senate and the 
76 


35696.073

l\lAZ18416 S.L.C. 

43 

1 Committee on Transportation and Infrastructure of the 

2 House of Representatives a report that includes a list of 

3 each report or study by the Secretary that4 (1) was due to be completed in the previous fis5 cal year; but 

6 (2) was not completed during that fiscal year. 

7 (g) REPEAL.-Section 1042 of the Water Resources 

8 Reform and Development Act of 2014 (33 U.S.C. 2201 

9 note; Public Law 113-121) is repealed. 

10 SEC. 1022. DISPOSmON STUDmS. 

11 The Secretary shall carry out any disposition study 

12 for a project of the Corps of Engineers in a transparent 

13 manner, including14 (1) by offering opportunities for public input 

15 during the study; and 

16 (2) publishing and making publicly available 

17 final disposition studies. 

18 SEC. 1023. NATURAL INFRASTRUCTURE. 

19 In each feasibility study carried out by the Secretary 

20 for a project for flood risk management or hurricane and 

21 storm damage risk reduction, the Secretary shall consider 

22 the use of both traditional and natural infrastructure al23 ternatives, alone or in conjunction with each other, if those 

24 alternatives are practicable. 
77 


35696.074

l\IAZI8416 S.L.C. 

44 

1 SEC. 1024. WATERCRAFI' INSPECTION STATIONS. 

2 Section 104 of the River and Harbor Act of 1958 

3 (33 U.S.C. 610) is amended4 (1) by striking subsection (b) and inserting the 

5 following: 

6 "(b) AUTHORIZATION OF APPROPRL\TIONS.-

7 "(1) IN GENERAL.-There is authorized to be 

8 appropriated $80,000,000 to carry out this section 

9 for each fiscal year, of which10 "(A) $30,000,000 shall be made available 

11 to carry out subsection (d)(1)(A)(i); and 

12 "(B) $30,000,000 shall be made available 

13 to carry out subsection (d)(1)(A)(ii). 

14 "(2) CONTROL OPERATIONS.-Any funds under 

15 paragraph (1) used for control operations shall be 

16 allocated by the Chief of Engineers on a priority 

17 basis, based on the urgency and need of each area 

18 and the availability of local funds."; and 

19 (2) in subsection (d)-

20 (A) by striking paragraph (1) and insert21 

22 

23 

24 

25 

26 

ing the following: 

"(1) IN GENERAL.-

"(A) WATERCRAFT INSPECTION STATIONS.-In carrying out this section, the Secretary shall establish, operate, and maintain 

new or existing watercraft inspection stations-
78 


35696.075

MAZ18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

S.L.C. 

45 

"(i) to protect the Columbia River 

Basin; and 

"(ii) to protect the Upper Missouri 

River Basin. 

"(B) LOCATIONS.-The Secretary shall 

place watercraft inspection stations under subparagraph (A) at locations, as determined by 

the Secretary in consultation with States within 

the areas described in subparagraph (A), with 

the highest likelihood of preventing the spread 

of aquatic invasive species at reservoirs operated and maintained by the Secretary. 

"(C) RAPID RESPONSE.-The Secretary 

shall assist the 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 striking paragraph (3)(A) and inserting the following: 

"(A) the Governors of the States within 

the areas described in clause (i) or (ii) of paragraph (l)(A), as applicable;". 
79 


35696.076

l\IAZ18416 S.L.C. 

46 

1 SEC. 1025. REAUTHORIZATION OF NON-FEDERAL IMPLE· 

2 MENTATION PU.OT PROGRAM. 

3 Section 1043 of the Water Resources Refonn and De4 velopment Act of 2014 (33 U.S.C. 2201 note; Public Law 

5 113-121) is amended6 (1) in subsection (a)-

7 (A) in paragraph (5)(B), by inserting 11 and 

8 not later than 3 years after the date of enact9 ment of the America's Water Infrastructure Act 

10 of 2018" after "this Act"; 

11 (B) in paragraph (7), by striking "5 

12 years" and inserting "7 years"; and 

13 (C) in paragraph (8), by striking "each of 

14 fiscal years 2015 through 2019" and inserting 

15 "each of fiscal years 2015 through 2021"; and 

16 (2) in subsection (b)-

17 (A) in paragraph (3)(A)(i), by striking 

18 "date of enactment of this Act" each place it 

19 appears and inserting "date of enactment of the 

20 America's Water Infrastructure Act of 2018"; 

21 (B) in paragraph ( 4), by striking "applica22 ble on the day before the date of enactment of 

23 this Act" and inserting "otherwise applicable"; 

24 (C) in paragraph (5)(B), by inserting "and 

25 not later than 3 years after the date of enact-
80 


35696.077

MAZ18416 

1 

2 

3 

4 

5 

6 

7 

S.L.C. 

47 

ment of the America's Water Infrastructure Act 

of 2018" after "this Act"; 

(D) in paragraph (7), by striking "5 

years" and inserting "7 years"; and 

(E) in paragraph (8), by striking "each of 

fiscal years 2015 through 2019" and inserting 

"each of fiscal years 2015 through 2021". 

8 SEC. 1026. PROJECT STUDIES SUBJECT TO INDEPENDENT 

9 PEER REVIEW. 

10 (a) E:x'"TENSION.-Section 2034(h)(2) of the Water 

11 Resources ·Development Act of 2007 (33 U.S.C. 

12 2343(h)(2)} is amended by striking "12 years" and insert13 ing "17 years". 

14 (b) REPORT.-Section 2034(i) of the Water Re15 sources Development Act of 2007 (33 U.S.C. 2343(i)} is 

16 amended by adding at the end the following: 

17 "(3) REPORT.-Not later than 1 year after the 

18 date of enactment of the America's Water lnfra19 structure Act of 2018, the Secretary shall20 "(A) complete an analysis of21 "(i) cost and time overruns for 

22 projects subject to this section; 

23 "(ii) the effectiveness of peer review, 

24 and the extent to which planning problems 
81 


35696.078

JIL\Zl8416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

S.L.C. 

48 

are identified in the peer review process; 

and 

"(iii) whether the Secretary plans to 

take actions to improve the general planning process to address planning problems 

identified in multiple reviews by Independent External Peer Review panels; and 

"(B) 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 analysis under subparagraph {A).". 

14 SEC. 1027. EXPEDITED CONSIDERATION. 

15 Section 7004{b)(4) of the Water Resources Reform 

16 and Development Act of 2014 {128 Stat. 1374) is amend17 ed by striking "December 31, 2018" and inserting "De18 cember 31, 2024". 

19 SEC. 1028. WIFIA STUDY. 

20 Not later than 1 year after the date of enactment 

21 of this Act, the Secretary shall22 {1) carry out a study on impediments to the im23 plementation of the Water Infrastructure Finance 

24 and Innovation Act (33 U.S.C. 3901 et seq.) for the 

25 Secretary, including-
82 


35696.079

MAZ18416 S.L.C. 

49 

1 (A) the obstacles that need to be removed 

2 for the Secretary to implement the responsibil3 ities of the Secretary under that Act; 

4 (B) an identification of all projects that 

5 the Secretary determines to be potentially viable 

6 to receive assistance under that Act; and 

7 (C) an identification of any amendments to 

8 that Act or other legislative or regulatory 

9 changes that would improve the ability of the 

10 Secretary to implement that Act; and 

11 (2) submit to the Committee on Environment 

12 and Public Works of the Senate and the Committee 

13 on Transportation and Infrastructure of the House 

14 of Representatives a report on the results of the 

15 study under paragraph (1). 

16 SEC. 1029. ENHANCED DEVELOPMENT DEMONSTRATION 

17 PROGRAM. 

18 (a) IN GENERAL.-The Secretary is directed to re19 view the master plan and shoreline management plan for 

20 any lake described in section 3134 of the Water Resources 

21 Development Act of 2007 (121 Stat. 1142; 130 Stat. 

22 1671) for the purpose of identifying areas suitable for en23 hanced development if-
83 


35696.080

l\1AZ18416 S.L.C. 

50 

1 (1) the master plan and shoreline management 

2 plan of the lake have been updated since January 1, 

3 2013; and 

4 (2) the district office of the Corps of Engineers 

5 has received a written request for such a review. 

6 (b) DEFINITION OF ENHANCED DEVELOPl\IENT.-In 

7 this section, the term "enhanced development" means 

8 structures or other improvements used for non-water-de9 pendent commercial or hospitality industry purposes or for 

10 residential or recreational purposes. 

11 (c) LEASE .AUTHORITY.'-The Secretary is authorized 

12 to lease Federal land under the jurisdiction of the Sec13 retary pursuant to this section for such terms as the Sec14 retary determines to be advisable to permit enhanced de15 velopment in areas approved for such uses under sub16 section (a). 

17 (d) USE OF COMPETITNE PROCEDURES.-The Sec18 retary shall require use of competitive procedures for 

19 leases authorized under subsection (c). 

20 (e) CONSIDERATIONS.-For leases authorized under 

21 subsection (c), the Secretary shall22 (1) require payment of at least fair market 

23 value, up to 50 percent of which amount may be 

24 provided in-kind at the discretion of the Secretary; 
84 


35696.081

JllAZ18416 S.L.C. 

51 

1 (2) enter into a partnership agreement with a 

2 private entity; 

3 (3) consider lease durations of up to 100 years; 

4 and 

5 ( 4) consider regional economic impacts. 

6 (f) TYPES OF IN-IGND CONSIDERATION.-The Sec7 retary is authorized to accept as in-kind consideration 

8 under subsection (e)(l)-

9 (1) the maintenance, protection, alteration, re10 pair, improvement, or restoration of public recre11 ation facilities under the control of the Secretary; 

12 and 

13 (2) construction of new public recreation facili14 ties. 

15 (g) DISPOSITION OF PROCEEDS.-Notwithstanding 

16 section 7 of the Act of August 18, 1941 (55 Stat. 650, 

17 chapter 377; 33 U.S.C. 701c-3), all proceeds received 

18 from issuance of leases authorized under subsection (c) 

19 shall be deposited in a special account in the Treasury 

20 established for the Secretary and shall be available for the 

21 following activities at the lake specified in a lease entered 

22 into under this section: 

23 (1) Natural resource and recreation manage24 ment. 
85 


35696.082

!IIAZ18416 S.L.C. 

52 

1 (2) The investigation, planning, construction, 

2 operation, and maintenance of public recreation fa3 cilities. 

4 (h) PATIIENT OF ADMINISTRATIVE EXPENSES.-The 

5 Secretary shall recover the administrative expenses associ6 ated with leases authorized under subsection (c) in accord7 ance with section 2695 of title 10, United States Code. 

8 (i) STUDY APPLICATION OF MILITARY LEASINa' Au9 THORITIES TO CIVIL WORKS PROJECTS.-Not later than 

10 2 years after the date of enactment of this Act, the Sec11 retary shall12 (1) complete a study on the application of sec13 tion 2667 of title 10, United States Code, enhanced 

14 use leasing authorities, and other military leasing 

15 authorities to the civil works program of the Sec16 retary; and 

17 (2) submit to Congress a report on the results 

18 of the study under paragraph (1), including a de19 scription of the obstacles that must be removed to 

20 implement the authorities. 

21 SEC. 1030. DUPUCATION OF EFFORTS. 

22 In the case of a project in which the non-Federal 

23 sponsor is working with an institution of higher education, 

24 in order to reduce duplication of efforts, the Secretary 

25 shall consider hiring an institution of higher education or 
86 


35696.083

l\1AZ18416 S.L.C. 

53 

1 entity, in accordance with any applicable contract law, to 

2 provide assistance under section 22 of the Water Re3 sources Development Act of 1974 (42 U.S.C. 1962d-16) 

4 with respect to that project. 

5 SEC. 1031. CORPS OF ENGINEERS BOARD OF APPEALS FOR 

6 CERTAIN WATER STORAGE PROJECTS. 

7 (a) PURPOSE AND NEED STATEMENTS.-

8 (1) IN GENERAL.-Not later than 90 days after 

9 the date of receipt of a complete application for a 

10 water storage project, the District Engineer shall dell velop and provide to the applicant a purpose and 

12 need statement that describes13 (A) whether the District Engineer concurs 

14 with the assessment of the purpose of and need 

15 for the water storage project proposed by the 

16 applicant; and 

17 (B) in any case in which the District Engi18 neer does not concur as described in subpara19 graph (A), an assessment by the District Engi20 neer of the purpose of and need for the project. 

21 (2) EFFECT ON ENVIR01\~IENTAL IMPACT 

22 STATEl\IENTS.-No environmental impact statement 

23 or environmental assessment required under the N a24 tiona! EnviroJliileDtal Policy Act of 1969 (42 U.S.C. 

25 4321 et seq.) shall substantially commence with re-
87 


35696.084

l\IAZ18416 S.L.C. 

54 

1 spect to a water storage project for which an appli2 cation is submitted as described in paragraph (1) 

3 until the date on which the District Engineer pro4 vides to the applicant the purpose and need stateS ment under that paragraph. 

6 (b) RECORDS OF DECISION.-Before the Secretary 

7 issues a permit decision for any project for which a permit 

8 from the Secretary is required, the Secretary shall provide 

9 to the applicant a record of decision that describes all ap1 0 plicable conditions under the permit that will apply to the 

11 project. 

12 (c) CORPS OF ENGINEERS BOARD OF APPEALS.-

13 (1) ESTABLISHMENT.-The Secretary shall es14 tablish a board of appeals, to be known as the 

15 "Corps of Engineers Board of Appeals" (referred to 

16 in this subsection as the "Board"). 

17 (2) MEliiBERSillP.-

18 (A) IN GENERAL.-The Board shall be 

19 composed of 5 members, to be appointed by the 

20 Secretary, of whom21 (i) 2 shall be representatives of State 

22 water development commissions and agen23 cies with water storage needs; 

24 (ii) 2 shall be representatives of the 

25 Corps of Engineers; and 
88 


35696.085

l\L\Z1B416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

55 

(iii) 1-

S.L.C. 

(I) shall be selected jointly by the 

Secretary and the entities described in 

clause (i); and 

(II) shall not be a representative 

of any entity described in clause (i) or 

(ii). 

(B) REQUIREMENTS.-In selecting members to serve on the Board, the Secretary shall 

ensure that each Board member-

(i) does not have a conflict of interest; 

and 

(ii) is not from the same State in 

which the project that is the subject of the 

appeal is located. 

(3) DUTIES.-

(A) IN GE!\'ERAL.-The Board shall make 

detenninations on-

(i) all appeals relating to a purpose 

and need statement provided under subsection (a)(l); and 

(ii) all appeals relating to the permit 

conditions described in a record of decision 

under subsection (b). 
89 


35696.086

l\lAZ18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

S.L.C. 

56 

(B) DEADLINE.-The Board shall make a 

determination regarding an appeal under subparagraph (A) by not later than 90 days after 

the date on which the appeal is filed with the 

Board. 

(C) FACTORS FOR CONSIDERATION.-In 

making a determination under subparagraph 

(A), the Board shall evaluate-

(i) in the case of an appeal described 

m subparagraph (A)(i), any field assessment of the Corps of Engineers regarding 

the purpose of and need for the applicable 

water storage project; and 

(ii) in the case of an appeal described 

in subparagraph (A)(ii), any condition 

placed on a project under a permit based 

on the record of decision under subsection 

(b). 

( 4) CONSIDERATION BY DISTRICT ENGINEER.-

(A) IN GENERAL.-In the case of any determination of the Board under paragraph 

(3)(A), the applicable District Engineer shall 

reconsider the purpose and need statement or 

:permit condition, as applicable, taking into con-
90 


35696.087

MAZ18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

S.L.C. 

57 

sideration the determination of the Board under 

paragraph (3)(A). 

(B) EXPLANATION.-If the District Engineer determines not to accept a determination 

under subparagraph (A), the District Engineer 

shall, not later than 90 days after the date on 

which the District Engineer receives the determination, provide to the applicant and to the 

Board a written e>..'Planation as to why the Dis10 trict Engineer rejected the determination. 

11 SEC. 1032. SENSE OF CONGRESS RELATING TO LOCAL ROLE 

12 IN CORPS PROJECTS. 

13 It is the sense of Congress that in a case in which 

14 a local non-Federal interest takes responsibility for certain 

15 operation, maintenance, or capital improvement expenses 

16 of a project of the Secretary, the provision of funds by 

17 the local non-Federal interest results in savings to Federal 

18 taxpayers. 

19 SEC. 1033. SENSE OF CONGRESS RELATING TO STUDY OF 

20 

21 

WATER RESOURCES DEVELOPMENT 

PROJECTS BY NON-FEDERAL INTERESTS. 

22 It is the sense of Congress that the amendment to 

23 section 203 of the Water Resources Development Act of 

24 1986 (33 U.S.C. 2231) made by section 1126 of the Water 

25 Infrastructure Improvements for the Nation Act (130 
91 


35696.088

.MAZ18416 S.L.C . 

58 

1 Stat. 1648) was intended to supersede any conflicting 

2 laws. 

3 SEC. 1034. SENSE OF CONGRESS RELATING TO PROJECT 

4 PARTNERSHIP AGREEMENTS. 

5 It is the sense of Congress that the Secretary should 

6 simplify and expedite the process for addressing in-kind 

7 work in project partnership agreements8 (1) to allow for more flexibility for potential 

9 changes to in-kind work; and 

10 (2) to delegate approval for project partnership 

11 agreements to the District Engineer, if practicable. 

12 SEC. 1035. SENSE OF CONGRESS RELATING TO ENCOUR13 AGING RESll..mNT TECHNIQUES AND HABI14 TAT CONNECTIVITY IN ECOSYSTEM RES· 

15 TORATION. 

16 It is the sense of Congress that the Secretary should 

17 ensure that infrastructure of the Secretary can endure ex18 treme weather, mitigate flooding and other negative im19 pacts on communities, and provide a significant return on 

20 investment by21 (1) encouraging the use of resilient structural 

22 or nonstructural construction techniques; and 

23 (2) clarifying that nonstructural approaches, 

24 techniques, and alternatives include natural and na25 ture-based solutions. 
92 


35696.089

MAZ18416 S.L.C. 

59 

1 SEC. 1036. ALTERATIONS TO LOCAL FLOOD CONTROL 

2 PROJECTS. 

3 The District Engineer of each district of the Corps 

4 of Engineers, or, on request of the applicant, the Sec5 retary, shall have the authority to implement existing au6 thorities to approve alterations to local flood control 

7 projects in accordance with section 208.10 of title 33, 

8 Code of Federal Regulations (or successor regulations), 

9 and other applicable laws (including regulations) relating 

10 to flood control. 

11 SEC. 1037. NON-FEDERAL CONSTRUCTION. 

12 Section 204(b) of the Water Resources Development 

13 Act of 1986 (33 U.S.C. 2232(b)) is amended by adding 

14 at the end the following: 

15 "(3) NON-FEDERAL CONSTRUCTION.-

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

"(A) IN GEl\'ERAL.-If a non-Federal interest of 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 all relevant data and documentation 

within the control of the Secretary with respect 

to that water resources development project to 

the non-Federal interest. 

"(B) DEADLINE.-The Secretary shall 

transfer the data and documentation described 
93 


35696.090

l\IAZ18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

S.L.C. 

60 

m subparagraph (A) not later than the date 

that is 90 days after the date of the request described in that subparagraph. 

"(C) TECHNICAL ASSISTANCE.-If the Secretary provides the data and documentation described in subparagraph (A), the non-Federal 

interest may request, and the Secretary shall 

provide, technical assistance and relevant materials to the non-Federal interest to assist the 

10 non-Federal interest iri applying for and obtain11 ing the Federal permits described in paragraph 

12 (2 )(A) to obtain the permits in the most e>.:pedi13 tious manner practicable.". 

14 SEC. 1038. CONTRIBUTED FUNDS FOR NON-FEDERAL RES· 

15 ERVOffi OPERATIONS. 

16 Section 5 of the Act of June 22, 1936 (commonly 

17 known as the "Flood Control Act of 1936") (49 Stat. 

18 1589, chapter 688; 33 U.S.C. 701h) is amended by insert19 ing after "authorized purposes of the project" the fol20 lo,ving: "Provided further, That the Secretary is author21 ized to receive and e>..-pend funds from a State or a political 

22 subdivision of a State, another non-Federal interest, or an 

23 owner of a non-Federal reservoir to formulate, review, or 

24 revise operational documents for any non-Federal res25 ervoir for which the Secretary is authorized to prescribe 
94 


35696.091

MAZ18416 S.L.C. 

61 

1 regulations for the use of storage allocated for flood con2 trol or navigation pursuant to section 7 of the Act of De3 cember 22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C. 

4 709):". 

5 SEC. 1039. MITIGATION BANK CREDIT RELEASE SCHED· 

6 ULES. 

7 (a) DEFINITION OF MITIGATION BANK-In this sec8 tion, the term "mitigation bank" has the meaning given 

9 that term in section 332.2 of title 33, Code of Federal 

10 Regulations (as in effect on the date of enactment of this 

11 Act). 

12 (b) GUIDANCE.-The Secretary, in coordination with 

13 the Administrator of the Environmental Protection Agen14 cy, shall issue guidance for the development of mitigation 

15 bank credit release schedules that16 (1) support the goal of achieving expedited per17 mitting; and 

18 (2) maintain appropriate environmental protec19 tions. 

20 (c) REQUIREMENTS.-In achieving the goal of ~-pe21 dited permitting, the guidance issued under subsection (b) 

22 shall23 

24 

(1) achieve compliance with the requirements 

of-
95 


35696.092

MAZ18416 

1 

~ 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

S.L.C. 

62 

(A) the final rule entitled "Compensatory 

Mitigation for Losses of Aquatic Resources" 

(73 Fed. Reg. 19594 (April 10, 2008)); and 

(B) section 314(b) of the National Defense 

Authorization Act for Fiscal Year 2004 (33 

U.S.C. 1344 note; Public Law 108-136); and 

(2) require-

(A) the mitigation bank sponsor to provide 

financial assurances to ensure the completion, 

in accordance with applicable performance 

standards, of the mitigation bank in accordance 

with section 332.3(n) of title 33, Code of Federal Regulations (as in effect on the date of enactment of this Act); 

(B) the mitigation bank sponsor to reserve 

the quantity of mitigation bank credits required 

to ensure ecological performance of the mitigation bank; and 

(C) that, except for credits reserved under 

subparagraph (B), all mitigation bank credits 

shall be available on completion of the construction of the banlc 
96 


35696.093

JIIAZ18416 S.L.C. 

63 

1 SEC. 1040. INNOVATIVE MATERIALS REPORT. 

2 Not later than 1 year after the date of enactment 

3 of this Act, the Secretary shall submit to Congress a re4 port that5 · (1) describes activities conducted by the Corps 

6 of Engineers at centers of expertise, technology cen7 ters, technical centers, research and development 

8 centers, and similar facilities and organizations re9 lating to the testing, research, development, identi1 0 fication, and recommended uses for, innovative mate11 rials in water resources prqjects; and 

12 (2) provides recommendations for projects in 

13 which innovative materials should be used. 

14 SEC. 1041. UPDATES TO BENEFIT-COST ANALYSIS. 

15 N ot1vithstanding any other provision of law, for any 

16 project of the Secretary for which construction has com17 menced, the Secretary shall not perform or update a ben~ 

18 efit-cost analysis of the project. 

19 SEC. 1042. LOCAL GOVERNMENT WATER MANAGEMENT 

20 PLANS. 

21 The Secretary, with the consent of the non-Federal 

22 sponsor of a feasibility study for a water resources devel23 opment project, may enter into a feasibility study cost24 sharing agreement under section 221(a) of the Flood Con25 trol Act of 1970 (42 U.S.C. 1962d-5b(a)), to allow a unit 

26 of local government in a watershed that has adopted a 
97 


35696.094

MAZ18416 S.L.C. 

64 

1 local or regional water management plan to participate in 

2 the feasibility study to determine if there is an opportunity 

3 to include additional feasible elements in the project being 

4 studied to help achieve the purposes identified in the local 

5 or regional water management plan. 

6 SEC. 1043. ACCESS TO REAL ESTATE DATA. 

7 (a) IN GENERAL.-Using available funds, the Sec8 retary shall make publicly available, including on the inter9 net, all real estate assets of the Corps of Engineers in 

10 the United States and other Federal real estate assets 

11 owned, operated, managed, regulated, or in the custody 

12 of the Corps of Engineers. 

13 (b) REQUIREl\lENTS.-

14 (1) IN GENERAL.-The real estate data re15 quired under subsection (a) shall include16 (A) existing standardized real estate plat 

17 descriptions; and 

18 (B) existing geographic information sys19 terns and geospatial information. 

20 (2) COLLABORATION.-In distributing the m21 formation required under subsection (a), the Sec22 retary shall collaborate with the Administrator of 

23 General Services. 

24 (c) Lil\ITTATION.-Nothing in this section shall com25 pel or authorize the disclosure of data or other information 
98 


35696.095

l\lAZ18416 S.L.C. 

65 

1 determined by the Secretary to be confidential, privileged, 

2 national security information, personal information, or in3 formation the disclosure of which is otherwise prohibited 

4 bylaw. 

5 (d) Til\IING.-The Secretary shall ensure that the 

6 real estate data required under subsection (a) is made 

7 publicly available as soon as practicable. 

8 SEC. 1044. ADVANCED FUNDS FOR DISCRETE SEGMENTS. 

9 (a) IN GENERAL.-The Secretary may accept and ex10 pend funds advanced from a non-Federal interest to carry 

11 out a discrete segment of an authorized project for naviga12 tion of the Secretary if the Secretary determines that the 

13 discrete segment14 (1) is technically feasible and environmentally 

15 acceptable; and 

16 (2) can be operated independently without cre17 ating a hazard in advance of completion of the 

18 project. 

19 (b) CREDIT.-The Secretary may credit the funds ad20 vanced under subsection (a) toward the non-Federal share 

21 of the cost of the project for which the funds were ad22 vanced. 
99 


35696.096

MAZ18416 S.L.C. 

66 

1 SEC. 1045. INCLUSION OF NON-FEDERAL INTERESTS IN 

2 PROJECT CONSULTATIONS. 

3 (a) IN GENERAL.-In a timely manner, the non-Fed4 eral interest for a water resources development study or 

5 project shall be given the opportunity to participate in all 

6 consultations with Federal and State agencies and Indian 

7 Tribes required by Federal law. 

8 (b) CONSIDERATION OF VIEWS.-

9 (1) IN GENERAL.-The Secretary shall solicit 

10 and give full consideration to the views of a non11 Federal interest when carrying out the responsibil12 ities of the Secretary with respect to consultations 

13 with Federal and State agencies and Indian Tribes 

14 required by Federal law for a water resources devel15 opment study or project. 

16 (2) CONTINUED CONSULTATIONS.-The Sec17 retary shall require the applicable District Com18 mander to engage in consultation with a non-Federal 

19 interest throughout the course of a water resources 

20 development study or project. 

21 (c) PROCESSES REQUIRED.-For any consultation 

22 referred to in or required under this section, the consulta23 tion shall require notification to, working with, and ad24 dressing the concerns of the non-Federal sponsor. 
100 


35696.097

l\lAZ18416 S.L.C. 

67 

I SEC. 1046. CATEGORICAL EXCLUSIONS. 

2 Section 2045(1) of the Water Resources Development 

3 Act of 2007 (33 U.S.C. 2348(1)) is amended4 (1) by striking ''Water Resources Reform and 

5 Development Act of 2014" each place it appears and 

6 inserting "America's Water Infrastructure Act of 

7 2018"; 

8 (2) m paragraph (1)(A), by striking "2005" 

9 and inserting "2014"; and 

IO (3) in paragraph (2), by striking "(or successor 

II regulation)" and inserting "{as in effect on the date 

I2 of enactment of the America's Water Infrastructure 

I3 Act of 2018)". 

I4 SEC. 1047. GEOMATIC DATA. 

I5 If a Federal or State department or agency considI6 ering an aspect of an application for Federal authorization 

I7 requires the applicant to submit environmental data, the 

I8 department or agency shall consider any such data subI9 mitted by the applicant which was gathered by geomatic 

20 techniques, including tools and techniques used in land 

2I surveying, remote sensing, cartography, geographic infor22 mation systems, global navigation satellite systems, photo23 grammetry, geophysics, geography, or other remote 

24 means. The applicable agency may grant conditional ap25 proval for Federal authorization, conditioned on the 

26 verification of such data by subsequent onsite inspection. 
101 


35696.098

IIIAZ18416 S.L.C. 

68 

1 SEC. 1048. FLEXIBILITY FOR PROJECTS. 

2 (a) GOAL.-For each feasibility study initiated by the 

3 Secretary on or after the date of enactment of this Act 

4 under section 905(a) of the Water Resources Development 

5 Act of 1986 (33 U.S.C. 2282(a)), the Secretary shall6 (1) establish a goal of completing the feasibility 

7 study by not later than 2 years after the date of ini8 tiation; and 

9 (2) to the maximum extent practicable, attempt 

10 to comply with the goal under paragraph (1). 

11 (b) AUTHORITY.-In carrying out a feasibility study 

12 described in subsection (a), the Secretary shall13 (1) exercise all existing flexibilities under and 

14 exceptions to any requirement administered by the 

15 Secretary, in whole or in part; and 

16 (2) otherwise provide additional flexibility or ex17 pedited processing with respect to the requirements 

18 described in paragraph (1) to meet the goal de19 scribed in subsection (a)(1). 

20 (c) MAINTAINING PROTECTIONS.-Nothing in this 

21 section22 (1) supersedes, amends, or modifies23 (A) section 1001(a)(1) of the Water Re24 sources Reform and Development Act of 2014 

25 (33 U.S.C. 2282c(a)(1)); or 
102 


35696.099

MAZ18416 S.L.C. 

69 

1 (B) the National Environmental Policy Act 

2 of 1969 (42 U.S.C. 4321 et seq.) or any other 

3 Federal environmental law; or 

4 (2) affects the responsibility of any Federal of5 ficer to comply 'vith or enforce any law or require6 ment described in this subsection. 

1 TITLE IT-STUDIES, MODIFICA8 AND PROJECT AU9 

10 

TIONS, 

THORIZATIONS 

Subtitle A-Studies 

11 SEC. 2001. AUTHORIZATION OF PROPOSED FEASmn.ITY 

12 STUDIES. 

13 The Secretary is authorized to conduct a feasibility 

14 study for the following projects for water resources devel15 opment and conservation and other purposes, as identified 

16 in the reports titled "Report to Congress on Future Water 

17 Resources Development" submitted to Congress in March 

18 2017 and February 2018, respectively, pursuant to section 

19 7001 of the Water Resources Reform and Development 

20 Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by 

21 Congress: 

22 (1) LOWER MISSISSIPPI RIVER, ARKANSAS, KEN· 

23 TUCKY, LOUISIANA, 1\llSSOURI, 1\llSSISSIPPI, AJ.'ll 

24 TENNESSEE.-Project for water quality monitoring 

25 program and planning, engineering, and design for 
103 


35696.100

l\IAZ18416 S.L.C. 

70 

1 8 conservation reach habitat areas, Lower Mis2 sissippi River, Arkansas, Kentucky, Louisiana, Mis3 souri, Missis~ippi, and Tennessee. 

4 (2) 0UACillTA-BLACK RIVERS NAVIGATION 

5 PROJECT, ARKANSAS AND LOUISIANA.-Project for 

6 navigation, Lower Little River, Arkansas and Lou7 isiana. 

8 (3) SAN DIEGO RIVER 1, 2, AND 3 LEVEE SYS9 TEM.-Project for flood risk reduction, navigation, 

10 and ecosystem restoration, San Diego River 1, 2, 

11 and 3 levee system, California. 

12 (4) NORTHSHORE FLOOD RISK REDUCTION, 

13 LOUISIANA.-Project for northshore flood risk reduc14 tion, St. Tammany Parish, Louisiana. 

15 (5) ST. LOUIS RIVERFRONT-1\IERAMEC RIVER 

16 BASIN, 1\DSSOURI.-Project for ecosystem restora17 tion, St. Louis riverfront-Meramec River Basin, Mis18 souri, authorized by the resolution adopted by the 

19 Committee on Transportation and Infrastructure of 

20 the House of Representatives on June 21, 2000, to 

21 modify the project to add flood risk management as 

22 a project purpose and to expand the study area to 

23 include the entire Meramec River Basin. 
104 


35696.101

l\IAZ18416 S.L.C. 

71 

1 (6) CHAUTAUQUA LAKE, NEW YORK.-Project 

2 for ecosystem restoration and flood risk manage3 ment, Chautauqua Lake, New York. 

4 (7) TRINITY RIVER AJID TRIBUTARIES, 

5 TEXAS.-Project for navigation, Trinity River and 

6 tributaries, channel to Liberty, Te.xas. 

7 (8) COASTAL VIRGINIA WATER RESOURCES, VIR8 GINIA.-Project for hurricane and storm damage 

9 risk reduction, coastal Virginia water resources, Vir10 ginia. 

11 (9) TANGIER ISLAND, VIRGINIA.-Project for 

12 ecosystem restoration, flood risk management, and 

13 navigation, Tangier Island, Virginia. 

14 SEC. 2002. LOWER MISSOURI RIVER BANK STABILIZATION 

15 AND NAVIGATION. 

16 The Secretary is authorized to conduct a study on 

17 the function and reliability of the Lower Missouri River 

18 Bank stabilization and navigation project, authorized by 

19 the first section of the Act of July 25, 1912 (37 Stat. 

20 219, chapter 253). 
105 


35696.102

l\IAZ18416 S.L.C. 

72 

1 Subtitle B-Deauthorizations, 

2 Modifications, and Related Pro3 visions 

4 SEC. 2101. SAVANNAH HARBOR EXPANSION PROJECT. 

5 Section 7002(1) of the Water Resources Reform and 

6 Development Act of 2014 (128 Stat. 1364) is amended7 (1) by striking "$492,000,000" and inserting 

8 "$677 613 600"· ' ' ' 

9 (2) by striking "$214,000,000" and inserting 

10 "$295 829 400"· and ' ' ' 

11 (3) by striking "$706,000,000" and inserting 

12 "$973,443,000". 

13 SEC. 2102. DEAUTHORIZATION OF SVENSEN ISLAND. 

14 The project for flood risk management, Svensen Is15 land, Oregon, authorized by section 204 of the Flood Con16 trol Act of 1950 (64 Stat. 180), is no longer authorized 

17 beginning on the date of enactment of this Act. 

18 SEC. 2103. WHl'ITIER NARROWS STUDY. 

19 (a) IN GENERAL.-Not later than 1 year after the 

20 date of enactment of this Act, the Secretary shall complete 

21 a study evaluating the impacts of removing 1 percent of 

22 the flowage spreading grounds from the flood control ease23 ment granted for the Whittier Narrows dam for the 

24 project on the San Gabriel River authorized by section 5 

25 of the Act of June 22, 1936 (commonly known as the 
106 


35696.103

l\IAZ18416 S.L.C. 

73 

1 "Flood Control Act of 1936") ( 49 Stat. 1589, chapter 

2 688; 33 u.s.c. 701h). 

3 (b) REPORT.-Not later than 1 year after the date 

4 of enactment of this Act, the Secretary shall submit to 

5 Congress a report describing the results of the study under 

6 subsection (a). 

7 SEC. 2104. WEST TENNESSEE TRIBUTARIES PROJECT, TEN8 NESSEE. 

9 The West Tennessee tributaries project along the 

10 Obion and Forked Deer Rivers, Tennessee, authorized by 

11 section 203 of the Flood Control Act of 1948 (62 Stat. 

12 1178) and modified by section 207 of the Flood Control 

13 Act of 1966 (80 Stat. 1423), section 3(a) of the Water 

14 Resources Development Act of 1974 (88 Stat. 14), and 

15 section 183 of the Water Resources Development Act of 

16 1976 (90 Stat. 2940) is no longer authorized beginning 

17 on the date of enactment of this Act. 

18 SEC. 2105. BRIDGEPORT HARBOR-PEQUONNOCK RIVER 

19 NAVIGATION PROJECT, CONNECTICUT. 

20 The portions of the project for navigation, Bridgeport 

21 Harbor-Pequonnock River, Bridgeport, Connecticut, au22 thorized by the first section of the Act of June 18, 1878 

23 (20 Stat. 158, chapter 264), the first section of the Act 

24 of August 11, 1888 (25 Stat. 401, chapter 860), the first 

25 section of the Act of March 3, 1899 (30 Stat. 1122, chap-
107 


35696.104

MAZ18416 S.L.C. 

74 

1 ter 425), the first section of the .Act of June 25, 1910 

2 (36 Stat. 633, chapter 382), and the first section of the 

3 .Act of July 3, 1930 (46 Stat. 919, chapter 847), located 

4 north of Congress Street in Bridgeport, Connecticut, are 

5 no longer authorized beginning on the date of enactment 

6 of this .Act. 

7 SEC. 2106, LEVEES L-212 AND L-231, FOUR RIVER BASIN, 

8 OCKLAWAHA RIVER, FLORIDA. 

9 The portions of the project for flood control and other 

10 purposes, Four River Basins, Florida, authorized by sec11 tion 203 of the Flood Control .Act of 1962 (76 Stat. 1183), 

12 consisting of levees L-212 and L-231 along the Ocklawaha 

13 River, Florida, are no longer authorized beginning on the 

14 date of enactment of this .Act. 

15 SEC. 2107. CORPS OF ENGINEERS BRIDGE REPAIR AND DI16 VESTITURE PROGRAM FOR NEW ENGLAND 

17 EVACUATION ROUTES. 

18 (a) IN GENERAL.-Subject to the availability of ap19 propriations, the Secretary is authorized to repair or re20 place, as necessary, any bridge owned and operated by the 

21 Secretary that is22 (1) located in any of the States of Connecticut, 

23 :Maine, Massachusetts, New Hampshire, Rhode Is24 land~ or Vermont; and 
108 


35696.105

l\L\Zl8416 S.L.C. 

75 

1 (2) necessary for evacuation during a natural or 

2 manmade weather event. 

3 (b) SALE OR DIVESTl\IENT.-Notwithstanding any 

4 other provision of law, to the mmcimum m..."tent practicable, 

5 after the completion of the repair or replacement of a 

6 bridge under subsection (a), the Secretary shall convey the 

7 bridge to a willing non-Federal entity, which shall assume 

8 ownership and responsibility for the operation and mainte9 nance of the bridge. 

10 SEC. 2108. BOSTON HARBOR RESERVED CHANNEL 

11 DEAUTHORIZATIONS. 

12 (a) 40-FOOT RESERVED CHANNEL.-

13 (1) IN GENERAL.-The portions of the project 

14 for navigation, Boston Harbor, Massachusetts, auIS thorized by the first section of the Act of October 

16 17, 1940 (54 Stat. 1198, chapter 895) and modified 

17 by section 101 of the River and Harbor Act of 1958 

18 (72 Stat. 297), section 101(a)(13) of the Water Re19 sources Development Act of 1990 (104 Stat. 4607), 

20 and section 7002(1) of the Water Resources Reform 

21 and Development Act of 2014 (128 Stat. 1365) de22 scribed in paragraph (2) are no longer authorized 

23 beginning on the date of enactment of this Act. 

24 (2) AREAS DESCRIBED.-
109 


35696.106

l\lAZ18416 S.L.C. 

76 

1 (A) FIRST AREA.-The first areas de2 scribed in this paragraph are3 (i) beginning at a point N. 

4 2950154.45, E. 785995.64; 

5 (ii) runnmg southwesterly about 

6 1451.63 feet to a point N. 2950113.83, E. 

7 784544.58; 

8 (iii) running southeasterly about 

9 54.00 feet to a point N. 2950059.85, E. 

10 784546.09; 

11 (iv) runrung southwesterly about 

12 1335.82 feet to a point N. 2950022.48, E. 

13 783210. 79; 

14 (v) running northwesterly about 83.00 

15 feet to a point N. 2950105.44, E. 

16 783208.47; 

17 (vi) running northeasterly about 

18 2787.45 feet to a point N. 2950183.44, E. 

19 785994.83; and 

20 (vii) running southeasterly about 

21 29.00 feet to the point described in elause 

22 (ij. 

23 (B) SECOND AREA.-The second areas de24 scribed in this paragraph are-
110 


35696.107

MAZ18416 S.L.C. 

77 

1 (i) beginning at a point N. 

2 2950502.86, E. 785540.84; 

3 (ii) running northeasterly about 46.11 

4 feet to a point N2950504.16, E785586.94; 

5 (iii) running southwesterly about 

6 25.67 feet to a point N. 2950480.84, E. 

7 785576.18; 

8 (iv) running southwesterly to a point 

9 N. 2950414.32, E. 783199.83; 

10 (v) running northwesterly about 8.00 

11 feet to a point N. 2950422.32, E. 

12 783199.60; 

13 (vi) running northeasterly about 

14 2342.58 feet to a point N. 2950487.87, E. 

15 785541.26; and 

16 (vii) running northwesterly about 

17 15.00 feet to the point described in clause 

18 (i). 

19 (b) 35-FOOT RESERVED CHANNEL.-

20 (1) IN GENERAL.-The portions of the project 

21 for navigation, Boston Harbor, Massachusetts, au22 thorized by the first section of the Act of October 

23 17, 1940 (54 Stat. 1198, chapter 895) and modified 

24 by section 101 of the River and Harbor Act of 1958 

25 (72 Stat. 297) described in paragraph (2) are no 
111 


35696.108

MAZ18416 S.L.C. 

78 

1 longer authorized beginning on the date of enact2 ment of this Act. 

3 (2) AREAS DESCRIBED.-

4 (A) FIRST AREA.-The first areas de5 scribed in this paragraph are6 (i) beginning at a point N. 

7 2950143.44, E. 787532.14; 

8 (ii) running southeasterly about 22.21 

9 feet to a point N. 2950128.91, E. 

10 787548.93; 

11 (iii) running southwesterly about 

12 4,339.42 feet to a point N. 2950007.48, E. 

13 783211.21; 

14 (iv) running northwesterly about 

15 15.00 feet to a point N. 2950022.48, E. 

16 783210. 79; and 

17 (v) running northeasterly about 

18 4,323.05 feet to the point described in 

19 clause (i). 

20 (B) SECOND AREA.-The second areas de21 scribed in this paragraph are22 (i) beginning at a point N. 

23 2950502.86, E. 785540.84; 
112 


35696.109

l\IAZ18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

S.L.C. 

79 

(ii) running southeasterly about 15.00 

feet to a point N. 2950487.87, E. 

785541.26; 

(iii) running southwesterly about 

2342.58 feet to a point N. 2950422.32, E. 

783199.60; 

(iv) running southeasterly about 8.00 

feet to a point N. 2950414.32, E. 

783199.83; 

(v) running southwesterly about 

1339.12 feet to a point N. 2950376.85, E. 

781861.23; 

(vi) running northwesterly about 

23.00 feet to a point N. 2950399.84, E. 

15 781860.59; and 

16 (vii) runmng northeasterly about 

17 3681.70 feet to the point described in 

18 clause (i). 

19 SEC. 2109. PROJECT DEAUTHORIZATION AND STUDY EX· 

20 TENSIONS. 

21 (a) PROJECT DEAUTHORIZATIONS.-Section 6003(a) 

22 of the Water Resources Reform and Development Act of 

23 2014 (33 U.S.C. 579c(a)) is amended24 (1) by striking "7-year period" each place it ap25 pears and inserting "10-year period"; and 
113 


35696.110

MAZ18416 S.L.C. 

80 

1 (2) by adding at the end the following: 

2 "(3) CALCULATION.-In calculating the time 

3 period under paragraph (1), the Secretary shall not 

4 include any period of time during which the project 

5 is being reviewed and awaiting a decision by the Sec6 retary on a locally preferred plan for that project 

7 under section 1036{a). 

8 "(4) EXCEPTION.-The Secretary shall not de9 authorize any project during the period described in 

10 paragraph (3).". 

11 (b) STUDY EA."TENSIONS.-Section 1001(d)(4) of the 

12 Water Resources Reform and Development Act of 2014 

13 (33 U.S.C. 2282c(d)(4)) is amended by striking "7 years" 

14 and inserting "10 years". 

15 SEC. 2110. DEAUTHORIZATION OF INACTIVE STUDmS. 

16 (a) PURPOSES.-The purposes of this section are17 (1) to identify $7,500,000,000 in feasibility 

18 studies for water resources development projects 

19 that have been authorized but are no longer viable 

20 due to21 (A) a lack of local support; 

22 

23 

24 

25 

(B) a lack of available Federal or non-Federal resources; or 

(0) an authorizing purpose that is no 

longer relevant; 
114 


35696.111

lltAZ18416 S.L.C. 

81 

1 (2) to create an expedited and definitive process 

2 for Congress to deauthorize feasibility studies for 

3 water resources development projects that are no 

4 longer viable; and 

5 (3) to allow the continued authorization of fea6 sibility studies for water resources development 

7 projects that are viable. 

8 (b) lNTERil\1 DEAUTHORIZATION LIST.-

9 (1) IN GENERAL.-The Secretary shall develop 

10 an interim deauthorization list that identifies each 

11 feasibility study for a water resources development 

12 project, or a separable element of a project (referred 

13 to in this section as a "feasibility study")-

14 (A) that has been authorized as of the date 

15 of enactment of this Act; and 

16 (B) for which no Federal funds have been 

17 made available during the 10-year period pre18 ceding the date of enactment of this Act. 

19 (2) PUBLIC COl\ll\IENT AND CONSULTATION.-

20 (A) IN GENERAL.-The Secretary shall so21 licit comments from the public and from the 

22 Governor of each applicable State on the in23 terim deauthorization list developed under para24 graph (1). 
115 


35696.112

!IIAZIS4JG S.L.C. 

82 

1 (B) COl\t:l\IENT PERIOD.-The comment pe· 

2 riod shall be 90 days. 

3 (3) SUBMISSION TO CONGRESS; PUBLICA4 TION.-Not later than 90 days after the date of the 

5 close of the comment period under paragraph (2), 

6 the Secretary shall7 (A) submit a revised interim deauthoriza8 tion list to the Committee on Environment and 

9 Public Works of the Senate and the Committee 

10 on Transportation and Infrastructure of the 

11 House of Representatives; and 

12 (B) publish the revised interim deauthor13 ization list in the Federal Register. 

14 (c) FINAL DEAUTHORIZATION LIST.-

15 (1) IN GENERAL.-The Secretary shall develop 

16 a final deauthorization list of feasibility studies from 

17 the revised interim deauthorization list described in 

18 subsection (b)(3). 

19 (2) DEAUTHORIZATION Al\IOUNT.-

20 (A) PROPOSED FINAL LIST.-The Sec21 retary shall prepare a proposed final deauthor· 

22 ization list of feasibility studies that have, in 

23 the aggregate, an estimated Federal cost to 

24 complete that is at least $7,500,000,000. 
116 


35696.113

l\IAZ1B416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

S.L.C. 

83 

(B) DETERl\llNATION 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 study schedule and cost estimate. 

(3) IDENTIFICATION OF STUDIES.-

(A) SEQUENCING OF STUDIES.-

(i) IN GENERAL.-Except as provided 

in clause (ii), the Secretary shall identify 

feasibility studies for inclusion on the proposed final deauthorization list according 

to the order in which the feasibility studies 

were authorized, beginning with the earliest authorized feasibility study and ending with the latest feasibility study necessary to meet the aggregate amount 

under paragraph (2)(A). 

(ii) FACTORS TO CONSIDER.-The 

Secretary may identify feasibility studies in 

an order other than that established by 

clause (i) if the Secretary determines, on a 

case-hy-ease basis, that a feasibility study 

is critical for interests of the United 
117 


35696.114

l\IAZ18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

S.L.C. 

84 

States, based on the possible impact of the 

project that is the subject of the feasibility 

study on public health and safety, the national economy, or the environment. 

(iii) CONSIDERATION OF PUBLIC COM1\IENTS.-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 feasibility study 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 feasibility study is not included on the proposed final list. 

(4) PUBLIC COl\Il\IENT MTD CONSULTATION.-

(A) IN GENERAL.-The Secretary shall solicit comments from the public and the Governor of each applicable State on the proposed 

final deauthorization list and appendix developed under paragraphs (2) and (3). 
118 


35696.115

J\L\Z18416 S.L.C. 

85 

1 (B) COl\ll\IENT PERIOD.-The public com2 ment period shall be 90 days. 

3 (5) SUBl\USSION OF FINAL LIST TO CONGRESS; 

4 PUBLICATION.-Not later than 120 days after the 

5 date of the close of the comment period under para6 graph (4), the Secretary shall7 (A) submit a final deauthorization list and 

8 an appendix to the final deauthorization list in 

9 a report to the Committee on Environment and 

10 Public Works of the Senate and the Committee 

11 on Transportation and Infrastructure of the 

12 House of Representatives; and 

13 (B) publish the final deauthorization list 

14 and the appendix to the final deauthorization 

15 list in the Federal Register. 

16 (d) DEAUTHORIZATION; CONGRESSIONAL REVIEW.-

17 (1) IN GENERAL.-After the expiration of the 

18 180-day period beginning on the date of submission 

19 of the final deauthorization list and appendix under 

20 subsection (c), a feasibility study identified in the 

21 final deauthorization list shall be deauthorized, un22 less Congress passes a joint resolution disapproving 

23 the final deauthorization list prior to the end of that 

24 period. 

25 (2) NoN-FEDERAL CONTRIBUTIONS.-
119 


35696.116

l\1AZ18416 S.L.C. 

86 

1 (A) IN GENERAL.-A feasibility study 

2 identified in the final deauthorization list under 

3 subsection (c) shall not be deauthorized under 

4 this subsection if, before the expiration of the 

5 180-day period referred to in paragraph (1), 

6 the non-Federal interest for the feasibility study 

7 provides sufficient funds to complete the feasi8 bility study. 

9 (B) TREATMENT OF STUDIES.-Notwith10 standing subparagraph (A), each feasibility 

11 study identified in the final deauthorization list 

12 shall be treated as deauthorized for purposes of 

13 the aggregate deauthorization amount described 

14 in subsection (c)(2)(A). 

15 (3) FEASIBILITY STUDIES IDENTIFIED IN AP· 

16 PENDIX.-A feasibility. study identified in the appen17 dix to the final deauthorization list shall remain subIS ject to future deauthorization by Congress. 

19 SEC. 2111. CERTAIN DISPOSITION STUDIES. 

20 (a) DEFINITION OF DISPOSITION STUDY.-ln this 

21 section, the term "disposition study'' includes22 (1) a project review under section 216 of the 

23 Flood Control Act of 1970 (33 U.S.C. 549a); and 
120 


35696.117

MAZ18416 S.L.C. 

87 

1 (2) the assessment and inventory under section 

2 6002 of the Water Resources Reform and Develop3 ment Act of 2014 (128 Stat. 1349) . . 4 (b) ENVIRON11IENTAL QUALITY.-ln carrying out a 

5 disposition study, the Secretary may consider modifica6 tions that would improve the overall quality of the environ-

? ment in the public interest, including removal of the 

8 project or a separable element of the project. 

9 SEC. 2112. LOCKS AND DAMS 1 THROUGH 4, KENTUCKY 

10 RIVER, KENTUCKY. 

11 (a) IN GENERAL.-Beginning on the date of enact12 ment of this Act, commercial navigation at Locks and 

13 Dams 1 through 4, Kentucky River, Kentucky, shall no 

14 longer be authorized, and the land and improvements as15 sociated with the locks and dams shall be disposed of con16 sistent with subsection (b) and in accordance with the re17 port of the Director of Civil Works entitled "Kentucky 

18 River Locks and Dams 1, 2, 3, and 4, Disposition Study 

19 and Integrated Environmental Assessment" and dated 

20 April20, 2018. 

21 (b) DISPOSITION.-The Secretary shall convey to the 

22 State of Kentucky (referred to in this section as the 

23 "State"), for the use and benefit of the Kentucky River 

24 Authority, all right, title, and interest of the United 

25 States, together with any improvements on the land, in-
121 


35696.118

MAZ18416 S.L.C. 

88 

1 eluding improvements located in the Kentucky River, in 

2 and to3 (1) Lock and Dam 1, located in Carroll County, 

4 Kentucky; 

5 (2) Lock and Dam 2, located m Owen and 

6 Henry counties, Kentuck')"; 

7 (3) Lock and Dam 3, located in Owen and 

8 Henry counties, Kentucky; and 

9 ( 4) Lock and Dam 4, located in Franklin Coun1 0 ty, Kentucky. 

11 (c) CONDITIONS.-

12 (1) QUITCLAil\1 DEED.-A conveyance under 

13 subsection (b) shall be accomplished by quitclaim 

14 deed and without consideration. 

15 (2) Am.rrr-..rrSTRATIVE COSTS.-The Secretary 

16 shall be responsible for all administrative costs asso17 ciated with a conveyance under subsection (b), in18 eluding the costs of any surveys the Secretary deter19 mines to be necessary. 

20 (3) ADDITIONAL TERMS AND CONDITIONS.-A 

21 conveyance under subsection (b) shall be subject to 

22 such additional terms and conditions as the Sec23 retary determines to be necessary to protect the pub24 lie interest. 
122 


35696.119

MAZ18416 S.L.C. 

89 

1 ( 4) LIABILITY.-A conveyance under subsection 

2 (b) shall require the State to hold the United States 

3 hannless from any and all liability with respect to 

4 activities carried out on the property on or after the 

5 date of the conveyance under subsection (b). 

6 ( 5) IMPROVEMENTS PROHIBITED.-

7 (A) IN GENERAL.-The Secretary may not 

8 improve the locks and dams and land and im9 provements associated with the locks and dams 

10 described in subsection (b) on or after the date 

11 of enactment of this Act. 

12 (B) SAVINGS CLAUSE.-Nothing in sub13 paragraph (A) prohibits the State from improv14 ing the locks and dams and the land and im15 provements associated with the locks and dams 

16 described in subsection (b) on or after the date 

17 of conveyance under subsection (b). 

18 (6) APPLICABILITY OF REAIJ PROPERTY 

19 SCREEr..TJNG PROVISIONS.-Section 2696 of title 10, 

20 United States Code, shall not apply to any convey21 ance under subsection (b). 

22 (d) SAVINGS CLAUSE.-lf the State does not accept 

23 the conveyance under subsection (b) of the land and im24 provements associated with the locks and dams described 

25 in subsection (b), the Secretary may dispose of the land 
123 


35696.120

l\IAZ18416 S.L.C. 

90 

1 and improvements under subchapter ill of chapter 5 of 

2 title 40, United States Code. 

3 SEC. 2113. KISSIMMEE RIVER RESTORATION. 

4 The Secretary may credit work performed or to be 

5 performed by the non-Federal sponsor of the proj~ct for 

6 ecosystem restoration, Kissimmee River, Florida, author-

? ized by section 101(8) of the Water Resources DevelopS ment Act of 1992 (106 Stat. 4802), as an in-kind con9 tribution under section 221(a)(4) of the Flood Control Act 

10 of 1970 (42 U.S.C. 1962d-5b(a)(4)), in accordance with 

11 the report relating to the Central and Southern Florida 

12 Project, Kissimmee River Restoration Project and dated 

13 April27, 2018. 

14 SEC. 2114. NORFOLK HARBOR AND CHANNEL, THIMBLE 

15 SHOAL WIDENING, VIRGINIA. 

16 The Secretary may carry out the modifications to the 

17 project for navigation, Norfolk Harbor and Channels, Vir18 ginia, authorized by section 201(a) of the Water Resources 

19 Development Act of 1986 (100 Stat. 4090), as identified 

20 in the report entitled "Report to Congress on Future 

21 Water Resources Development" submitted to Congress in 

22 February 2018, pursuant to section 7001 of the Water 

23 Resources Reform and Development Act of 2014 (33 

24 u.s.a. 2282d). 
124 


35696.121

l\IAZ18416 S.L.C. 

91 

1 Subtitle C-Water Resources 

2 Infrastructure 

3 SEC. 2201. PROJECT AUTHORIZATIONS. 

4 The following projects for water resources developS ment and conservation and other purposes, as identified 

6 in the report entitled 11Report to Congress on Future 

7 Water Resources Development" submitted to Congress in 

8 March 2017, pursuant to section 7001 of the \Vater Re9 sources Reform and Development Act of 2014 (33 U.S.C. 

10 2282d) or otherwise reviewed by Congress, are authorized 

11 to be carried out by the Secretary substantially in accord12 ance with the plans, and subject to the conditions, de13 scribed in the respective reports designated in this section: 

14 (1) NAVIGATION.-

C. Date of 

A. B. Name Report of D. Estimated Costs State Chief of 

Engineers 

1. TX Ilouston-Gnl- August 8, Federal: $10,239,000 

wston Nmign- 2017 Non-Federal: $5,386,000 

tion Clumncl Totnl: $15,625,000 

Extension 

15 (2) FI.JOOD RISK 11lAJ.~AGEl\IENT .-
125 


35696.122

l\IAZ18416 S.L.C. 

92 

C. Date of 

A. B. Name Report of D. Estimated Costs State Chief of 

Engineers 

1. HI Ala Wai Canal December Fedcrnl: $199,237,000 

21, 2017 Non-Fedcrnl: $107,281,000 

Total: $306,518,000 

2.NY Mamaroneck- December Federnl: $51,920,000 

Sheldrake Rh·· 14,2017 Non-Federnl: $27,960,000 

ers Total: $79,880,000 

1 (3) HURRICANE AND STORM D.Al\IAGE RISK RE2 DUCTION.-

I C. Date of D. Estimated Initial -""- B. Name ~ortof Costs and Estimated State C iefof Renourishment Costs Engineers 

1. FL St. Johns County August 8, Initial Fcdernl: $5,712,000 

2017 Initial Non-Federal: 

$19,122,000 

Initial Total: $24,834,000 

Renourishment Federal: 

$9,484,000 

Renourishment Non-Fedcrnl: 

$44,099,000 

Renourishment Total: 

$53,583,000 

2. FL St. Lucie County December Initial Federal: $7,097,000 

15,2017 Initial Non-Federal: 

$13,179,000 

Initial Total: $20,276,000 

Renourishmcnt Fcdcrnl: 

$8,915,000 

Renourishment Non-Fcdernl: 

$24,105,000 

Renourishment Total: 

$33,020,000 

3.TX Sabine Pass to December 7, Federal: $2,157,202,000 

Gal\'eston Bay 2017 Non-Federal: $1,161,570,000 

i i Total: $3,318,772,000 
126 


35696.123

.MAZ18416 S.L.C . 

93 

1 SEC. 2202. MCMICKEN DAM, ARIZONA, AND MUDDY RIVER, 

2 MASSACHUSETTS. 

3 (a) STUDY.-The Secretary shall conduct a study on 

4 the status of5 (1) the project at l\fc:Micken Dam, Arizona; and 

6 (2) the project for flood damage reduction and 

7 environmental restoration, Muddy River, Brookline 

8 and Boston, Massachusetts, authorized by section 

9 522 of the Water Resources Development Act of 

10 2000 (114 Stat. 2656). 

11 (b) REPORT.-Not later than 180 days after the date 

12 of enactment of this Act, the Secretary shall submit to 

13 Congress a report describing the results of the study under 

14 subsection (a). 

15 (c) REQUIREl\IENTS.-The report under subsection 

16 (b) shall include17 (1) a description of the reasons of the Secretary 

18 for deauthorizing the projects described in sub19 section (a); 

20 (2) if practicable, a description of conditions 

21 needed by the Secretary for the Secretary to reau22 thorize the projects described in subsection (a). 

23 (d) TREATl\IENT.-The report under subsection (b) 

24 shall be considered to be a feasibility report for purposes 

25 of section 7001 of the Water Resources Reform and Devel26 opment Act of 2014 (33 U.S.C. 2282d). 
127 


35696.124

MAZ18416 S.L.C. 

94 

1 SEC. 2203. ENVIRONMENTAL INFRASTRUCTURE PROJECTS. 

2 Section 219 of the Water Resources Development Act 

3 of 1992 (106 Stat. 4835, 113 Stat. 334, 114 Stat. 2763A4 219, 121 Stat. 1242, 121 Stat. 1261) is amended5 

6 

7 

8 

9 

10 

11 

12 

13 

(1) in subsection (f)-

(A) in paragraph (25 ), by striking 

"$60,000,000" and inserting "$90,000,000"; 

(B) in paragraph (43), by striking 

"$35,000,000" and inserting "$70,000,000"; 

and 

(C) by striking paragraph (121) and inserting the following: 

"(121) CHARLOTTE COUNTY, FLORIDA.-

14 $16,000,000 for wastewater infrastructure, Char15 lotte County, Florida."; and 

16 (2) by adding at the end the following: 

17 "(g) CONSIDERATION OF ADDITIONAL PROJECTS.-

18 The Secretary shall consider and complete an assessment 

19 of the following projects: 

20 "(1) :MACOl\ffi COUNTY, 1\IICHIGAI\I.-The 

21 project for wastewater infrastructure, Macomb 

22 County, Michigan. 

23 "(2) MILWAIDffiE AND SHOREWOOD, WIS24 CONSIN.-The project for wastewater infrastructure, 

25 Milwaukee and Shorewood, Wisconsin.". 
128 


35696.125

l\IAZ18416 S.L.C. 

95 

1 SEC. 2204. CONDITIONAL REAUTHORIZATION OF ENVIRON2 MENTAL PROJECTS. 

3 (a) IN GENERAL.-A project described in subsection 

4 (b) shall be authorized for each of fiscal years 2019 

5 through 2021, if the Secretary receives from the project 

6 sponsor a written request for the authorization by not 

7 later than 90 days after the date of enactment of this Act. 

8 (b) DESCRIPTION OF PROJECTS.-A project referred 

9 to in subsection (a) is a project that10 (1) is an environmental project, as determined 

11 by the Chief of Engineers; 

12 (2) is described in section 219(f) of the Water 

13 Resources Development Act of 1992 (106 Stat. 

14 4835; 113 Stat. 334); and 

15 (3) was authorized16 (A) pursuant to an amendment to that sec17 tion made by section 5158 of the Water Re18 sources Development Act of 2007 (121 Stat. 

19 1258); and 

20 (B) for an amount equal to not more than 

21 $2,000,000 for improvements to water related 

22 infrastructure. 

23 SEC. 2205. SENSE OF CONGRESS RELATING TO WEST 

24 HAVEN, CONNECTICUT. 

25 It is the sense of Congress that, to the maximum ex26 tent practicable, the Secretary should prioritize the project 
129 


35696.126

!IIAZ18416 S.L.C. 

96 

1 for stonn damage reduction, West Haven, Connecticut, 

2 authorized by section 101 of the River and Harbor Act 

3 of 1954 (68 Stat. 1254) and section 3 of the Act of Au4 gust 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 

5 426g). 

6 SEC. 2206. COASTAL TEXAS STUDY. 

7 Notwithstanding any other provision of law, the SeeS retary shall e>."Jledite the completion of studies for flood 

9 damage reduction, hurricane and storm damage reduction, 

10 and ecosystem restoration in the coastal areas of Texas 

11 that are identified in the interim report due to be pub12 lished in 2018 that describes the tentatively selected plan 

13 developed in accordance with section 4091 of the Water 

14 Resources Development Act of 2007 (121 Stat. 1187). 

15 SubtitleD-Expedited and 

16 Modified Studies and Projects 

17 SEC. 2801. RAHWAY RIVER BASIN FLOOD RISK MANAGEIS MENT PROJECT. 

19 In accordance with section 1322(b)(2)(B) of the 

20 Water Infrastructure Improvements for the Nation Act 

21 (130 Stat. 1707), the Secretary shall expedite completion 

22 of the report for the project for flood risk management, 

23 Rahway River Basin, New Jersey, and, if the Secretary 

24 determines that the project is justified in the completed 

25 report, proceed directly to project preconstruction, engi-
130 


35696.127

IIIAZ18416 S.L.C. 

97 

1 neering, and design in accordance with section 910 of the 

2 Water Resources Development Act of 1986 (33 U.S.C. 

3 2287). 

4 SEC. 2302. HUDSON-RARITAN ESTUARY COMPREHENSIVE 

5 RESTORATION PROJECT. 

6 The Secretary shall m..-pedite the completion of the 

7 Hudson-Raritan Estuary Comprehensive Restoration 

8 Project9 (1) in a timely manner; and 

10 (2) in accordance with section 1322(b)(2)(C) of 

11 the Water Infrastructure Improvements for the Na12 tion Act (130 Stat. 1707). 

13 SEC. 2303. CERTAIN PROJECTS IN RHODE ISLAND. 

14 The Secretary shall adhere to the proposed schedules 

15 and avoid delays to the extent practicable with respect 

16 to17 

18 

19 

(1) the project for navigation, Providence River, 

Rhode Island, authorized by the first section of the 

Act of August 26, 1937 (50 Stat. 845, chapter 832) 

20 and section 301 of the River and Harbor Act of 

21 1965 (79 Stat. 1089); 

22 (2) the feasibility study for the project for 

23 coastal storm risk management, Pawcatuck River, 

24 Rhode Island, authorized in the matter under the 

25 heading "INVESTIGATIONS" under the heading 
131 


35696.128

MAZ18416 S.L.C. 

98 

1 "CORPS OF ENGINEERs-CIVIL" under the heading 

2 "DEPARTMENT OF THE ARMY" in title X of 

3 division A of the Disaster Relief Appropriations Act, 

4 2013 (Public Law 113-2; 127 Stat. 23); and 

5 (3) the Rhode Island historical structure flood 

6 hazard vulnerability assessment. 

7 SEC. 2304. CEDAR RIVER, lOW A. 

8 The Secretary shall expedite the project for flood risk 

9 management at Cedar River, Cedar Rapids, Iowa, author10 ized by section 7002(2) of the Water Resources Reform 

11 and Development Act of 2014 (128 Stat. 1366). 

12 SEC. 2305. PLYMOUTH HARBOR, MASSACHUSE'ITS. 

13 The Secretary shall eA'}ledite and complete the dredg14 ing of Plymouth Harbor, Massachusetts, as authorized by 

15 the Act of March 4, 1913 (37 Stat. 802, chapter 144) 

16 and the Act of September 22, 1922 (42 Stat. 1038, chap17 ter 427), not later than December 31, 2019. 

18 SEC. 2306. BRANDON ROAD STUDY. 

19 The Secretary shall complete a final feasibility report 

20 for the Great Lakes Mississippi River Interbasin Study 

21 Brandon Road Study, authorized under section 3061(d) 

22 of the Water Resources Development Act of 2007 (121 

23 Stat. 1121) and section 1538(b)(1) of MAP-21 (Public 

24 TJn:wJ.12-l41.; 126 Stat. 586) by the original deadline of 

25 February 2019. 
132 


35696.129

lllAZ18416 S.L.C. 

99 

1 SEC. 2307. CENTRAL EVERGLADES PLANNING PROJECT. 

2 The Secretary shall expedite construction of a res3 ervoir south of Lake Okeechobee as part of the project 

4 for ecosystem restoration in the central Everglades au5 thorized by section 1401(4) of the Water Infrastructure 

6 Improvements for the Nation Act (130 Stat. 1713). 

7 SEC. 2308. PORTSMOUTH HARBOR AND PISCATAQUA RIVER. 

8 The Secretary shall expedite the project for naviga9 tion for Portsmouth Harbor and the Piscataqua River au10 thorized by section 101 of the River and Harbor Act of 

11 1962 (76 Stat. 1173). 

12 SEC. 2309. BLAIN ROAD FOOTBRIDGE, THOMPSON, CON· 

13 NECTICUT. 

14 The Secretary shall proceed with the review of design 

15 plans for the Blain Road footbridge over West Thompson 

16 Lake, Thompson, Connecticut. 

17 SEC. 2310. TABLE ROCK LAKE, ARKANSAS AND MISSOURI. 

18 The Secretary shall comply with section 1185 of the 

19 Water Infrastructure Improvements for the Nation Act 

20 (130 Stat. 1680) with respect to the Table Rock Lake 

21 :Master Plan and Table Rock Lake Shoreline :Management 

22 Plan. 

23 SEC. 2311. MCCOOK RESERVOm, ILLINOIS. 

24 The Secretary shall consider the project for flood con25 trol at :McCook Reservoir, lllinois, authorized by section 

26 3(a)(5) of the Water Resources Development Act of 1988 
133 


35696.130

l\IAZ18416 S.L.C. 

100 

1 (102 Stat. 4013; 110 Stat. 3716), a priority for the non2 Federal project implementation pilot project under section 

3 1043(b) of the Water Resources Reform and Development 

4 Act of 2014 (33 U.S.C. 2201 note; Public Law 113-121). 

5 SEC. 2812. BAPTISTE COLLE'ITE BAYOU STUDY, LOUISIANA. 

6 The Secretary shall e}..-pedite the review for the study 

7 for navigation and channel deepening, Baptiste Collette 

8 Bayou, Louisiana, under section 203 of the Water Re9 sources Development Act of 1986 (33 U.S.C. 2231). 

10 SEC. 2313, MORGANZA TO THE GULF, LOUISIANA. 

11 The Secretary shall e}..-pedite completion of the project 

12 for hurricane and storm damage risk reduction, Morganza 

13 to the Gulf, Louisiana, authorized by section 7002(3) of 

14 the Water Resources Reform and Development Act of 

15 2014 (128 Stat. 1368). 

16 SEC. 2314, LOUISIANA COASTAL AREA. 

17 The Secretary shall expedite completion of the project 

18 for environmental restoration, Louisiana Coastal Area, 

19 Louisiana, authorized by section 7002(5) of the Water Re20 sources Reform and Development Act of 2014 (128 Stat. 

21 1370). 

22 SEC. 2315. LOUISIANA COASTAL AREA-BARATARIA BASIN 

23 BARRIER. 

24 The Secretary shall eA-pedite completion of the project 

25 for environmental restoration, Louisiana Coastal Area-
134 


35696.131

~L\Zl8416 S.L.C. 

101 

1 Barataria Basin Barrier, Louisiana, authorized by section 

2 7002(5) of the Water Resources Reform and Development 

3 Act of 2014 (128 Stat. 1370). 

4 SEC. 2316. WEST SHORE LAKE . PONTCHARTRAIN, LOU5 ISIANA. 

6 The Secretary shall expedite completion of the project 

7 for hurricane and storm damage risk reduction, West 

8 Shore Lake Pontchartrain, Louisiana, authorized by sec9 tion 1401(3) of the \Vater Infrastructure Improvements 

10 for the Nation Act (130 Stat. 1712). 

11 SEC. 2317. SOUTHWEST COASTAL LOUISIANA. 

12 The Secretary shall expedite completion of the project 

13 for hurricane and storm damage risk reduction and eco14 system restoration, Southwest Coastal Louisiana, Lou15 isiana, authorized by section 1401(8) of the Water Infra16 structure Improvements for the Nation Act (130 Stat. 

17 1715). 

18 SEC. 2318. NEW YORK-NEW JERSEY HARBOR AND TRIBU19 TARIES FEASffiiLITY STUDY. 

20 Not later than 90 days after the date of enactment 

21 of this Act, the Secretary shall complete the New York22 New Jersey Harbor and Tributaries Focus Area Feasi23 bility. Study authorized by the first section of the Act of 

24 June 15, 1955 (69 Stat. 132, chapter 140). 
135 


35696.132

l\IAZIB416 S.L.C. 

102 

1 SEC. 2319. LOWER BRULE SHORELINE STABILIZATION 

2 PROJECT. 

3 (a) IN GENERAL.-The Secretary shall carry out a 

4 project for shoreline stabilization on the Lower Brule Res5 erVation, South Dakota, pursuant to section 203 of the 

6 Water Resources Development Act of 2000 (33 U.S.C. 

7 2269). 

8 (b) FEDERAL SHARE.-The Federal share of the cost 

9 of each separable element of the project described in sub10 section (a) may not exceed $10,000,000. 

11 SEC. 2320. HAMPTON HARBOR, NEW HAMPSHIRE, NAVIGA· 

12 TION IMPROVEMENT PROJECT. 

13 In carrying out the project for navigation, Hampton 

14 Harbor, New Hampshire, under section 107 of the River 

15 and Harbor Act of 1960 (33 U.S.C. 577), the Secretary 

16 shall use all existing authorities of the Secretary to miti17 gate severe shoaling. 

18 SEC. 2321. NEW JERSEY AND DELAWARE BACK BAYS COAST19 AL STORM IDSK MANAGEMENT. 

20 Nohvithstanding section 1001(a)(l) of the Water Re21 sources Reform and Development Act of 2014 (33 U.S.C. 

22 2282c(a)(1)), the final feasibility report for coastal storm 

23 management, back bays, New Jersey and Delaware, shall 

24 be completed by the date that is not later than 6 years 

25 after the date of initiation of the feasibility study for the 

26 project. 
136 


35696.133

l\IAZ18416 S.L.C. 

103 

1 SEC. 2322. MINNESOTA LOCKS AND DAMS DIVESTMENT 

2 STUDY. 

3 {a) EXPEDITED COMPLETION.-The Secretary shall 

4 expedite completion of the study with respect to the dives5 titure of the locks and dams of the Secretary in Minnesota 

6 in the St. Paul district of the Corps of Engineers. 

7 (b) REPORTS.-The Secretary may produce a sepa8 rate report for each lock and dam described in subsection 

9 (a) describing the result of the study described in that sub10 section. 

11 {c) PARTIAL DIVESTITURE.-The Secretary shall in12 elude in the report describing the result of the study de13 scribed in subsection (a)-

14 (1) an examination of the possibility of the par15 tial divestiture of the Secretary from the locks and 

16 dams described in that subsection; 

17 (2) an examination of possible changes to the 

18 use of those locks and dams; and 

19 (3) a plan to m.."Pedite divestiture of those locks 

20 and dams. 

21 (d) CONTRIBUTED FUNDS.-The Secretary may ac22 cept and expend funds to carry out the study described 

23 in subsection (a) that are contributed by a State or a polit24 ical subdivision of a State under the Act of October 15, 

25 1940 (54 Stat. 1176, chapter 884; 33 U.S.C. 701-1). 
137 


35696.134

MAZ18416 S.L.C. 

104 

1 SEC. 23.23. HOUMA NAVIGATION CANAL, LOUISIANA. 

2 The Secretary shall expedite the review for the study 

3 for navigation and channel deepening, Houma Navigation 

4 Canal, Louisiana, authorized by section 1001(24)(B) of 

5 the Water Resources Development Act of 2007 (121 Stat. 

6 1053), under section 203 of the Water Resources Develop7 ment Act of 1986 (33 U.S.C. 2231). 

8 TITLE Ill-PRIMARY CORPS OF 

9 ENGINEERS ACTIVITIES 

10 Subtitle A-Continuing Authorities 

11 Programs 

12 SEC. 3001. CORPS OF ENGINEERS CONTINUING AUTHORI· 

13 TIES PROGRAM. 

14 (a) STORM AND HURRICANE RESTORATION AND br15 PACT lVIIl\1J11llZATION PROGRAM.-Section 3(c) of the Act 

16 of August 13, 1946 (60 Stat. 1056, chapter 960; 33 

17 U.S.C. 426g(c)) is nmended18 (1) in paragraph (1), by striking 

19 "$30,000,000" and inserting "$45,000,000"; and 

20 (2) in paragraph (2)(B), by striking 

21 "$10,000,000" and inserting "$15,000,000". 

22 (b) SMALL RIVER AND HARBOR IMPROVEMENT 

23 PROJECTS.-Section 107 of the River and Harbor Act of 

24 1960 (33 U.S.C. 577) is amended25 (1) m subsection (a), by striking 

26 "$50,000,000" and inserting "$62,500,000"; and 
138 


35696.135

lllAZ18416 S.L.C. 

105 

1 (2) m subsection (b), by striking 

2 "$10,000,000" and inserting "$12,500,000". 

3 (c) SHORE DAMAGE PREVENTION OR MITIGATION.-

4 Section 111 of the River and Harbor Act of 1968 (33 

5 U.S.C. 426i) is amended6 (1) in subsection (c), by striking "$10,000,000" 

7 and inserting "$15,000,000"; and 

8 (2) by adding at the end the following: 

9 "(f) CERTAIN PROJECTS.-Subject to the availability 

10 of appropriations, in the case of a project under this sec11 tion that, on the date of enactment of the America's Water 

12 Infrastructure Act of 2018, is authorized to be carried out 

13 at a cost greater than $10,000,000, the Secretary may 

14 provide to the project an increase in funding equal to the 

15 lesser of16 

17 

"(1) 50 percent of the authorized amount; and 

"(2) $5,000,000.". 

18 (d) REGIONAL SEDIMENT :1\f.ANAGEl\IENT.-Section 

19 204 of the Water Resources Development Act of 1992 (33 

20 U.S.C. 2326) is amended21 (1) in subsection (c)(1)(C), by striking 

22 "$10,000,000" and inserting "$12,500,000"; and 

23 (2) in subsection (g), in the first sentence, by 

24 striking "$50,000,000" and inserting 

25 "$62,500,000". 
139 


35696.136

!IIAZ18416 S.L.C. 

106 

1 (e) SMALL FLOOD CONTROL PROJECTS.-Section 

2 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) 

3 is amended4 (1) m the first sentence, by striking 

5 (j$55,000,000" and inserting "$82,500,000"; and 

6 

7 

8 

(2) in the third sentence, by striking 

(j$10,000,000" and inserting "$15,000,000". 

(f) AQUATIC ECOSYSTEl\1 RESTORATION.-Section 

9 206 of the Water Resources Development Act of 1996 (33 

10 U.S.C. 2330) is amended11 (1) in subsection (a), by adding at the end the 

12 following: 

13 "(3) REQUIREl\IENT.-In carrying out projects 

14 under this section, the Secretary shall carry out15 "(A) not less than 2 projects in areas with 

16 a population of 80,000 or less; and 

17 "(B) not less than 2 projects in areas with 

18 a population of 2,500,000 or more."; 

19 (2) in subsection (d), by striking 

20 "$10,000,000" and inserting "$12,500,000"; and 

21 (3) in subsection (e), by striking "$50,000,000" 

22 and inserting "$62,500,000". 

23 (g) PROJECT MODIFICATIONS FOR IMPROVEMENT OF 

24 ENVIRONMENT.-
140 


35696.137

IIIAZI8416 S.L.C. 

107 

1 (1) IN GEJ\TERA!J.-Section 1135 of the Water 

2 Resources Development Act of 1986 (33 U.S.C. 

3 2309a) is amended4 (A) in subsection (d), in the third sentence, 

5 

6 

7 

by striking "$10,000,000" and inserting 

"$15 000 000"· ' , , 

(B) m subsection (h), by striking 

8 "$40,000,000" and inserting "$60,000,000"; 

9 (C) by redesignating subsections (h) and 

10 (i) as subsections (i) and (j), respectively; and 

11 (D) by inserting after subsection (g) the 

12 following: 

13 "(h) PRIORITIZATION OF CERTAIN PROJECTS.-In 

14 carrying out activities under this section in the Upper Mis15 souri River Basin, the Secretary shall give priority to 

16 projects within that area that restore degraded ecosystems 

17 through modification of existing flood risk management 

18 projects.". 

19 (2) CONFORMING MIENDl\IENT.-Section 

20 4014(c)(1) of the Water R~sources R-eform and De21 velopment Act of 2014 (33 U.S.C. 2803a(c)(1)) is 

22 amended by striking subparagraph (B) and inserting 

23 the following: 

24 "(B) Section 1135 of the Water Resources 

25 Development.Act of 1986 (33 U.S.C. 2309a).". 
141 


35696.138

MAZ18416 S.L.C. 

108 

1 (h) El'.IERGENCY STREAl\rBANK AND SHORELINE 

2 PROTECTION.-Section 14 of the Flood Control Act of 

3 1946 (33 U.S.C. 701r) is amended4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

(1) by striking "$20,000,000" and inserting 

"$25 000 000"· ' ' ' 

(2) by striking "$5,000,000" and inserting 

11$7 ,500,000"; and 

(3) by striking "one fiscal year." and inserting 

the following: "1 fiscal year: Provided further, That 

the Secretary shall give priority to areas that are recovering from significant high water levels or flooding that occurred within the 24-month period ending 

on the date on which the Secretary makes an allotment under this section.". 

15 SEC. 3002. SENSE OF CONGRESS RELATING TO CON· 

16 TINUING AUTHORITJES PROGRAM. 

17 It is the sense of Congress that for each fiscal year, 

18 there should be made available to the Secretary the full 

19 amount of appropriations to carry out the continuing au20 thorities program, which consists of21 (1) section 14 of the Flood Control Act of 1946 

22 (33 U.S.C. 701r); 

23 (2) section 3 of the Act of August 13, 1946 (60 

24 Stat. 1056, chapter 960; 33 U.S.C. 426g); 
142 


35696.139

11IAZ18416 S.L.C. 

109 

I (3) section 107 of the River and Harbor Act of 

2 1960 (33 u.s.c. 577); 

3 (4) section 111 of the River and Harbor Act of 

4 1968 (33 u.s.c. 426i); 

5 (5) section 204 of the Water Resources Devel6 opment Act of 1992 (33 U.S.C. 2326); 

7 (6) section 205 of the Flood Control Act of 

8 1948 (33 U.S.C. 701s); 

9 (7) section 206 of the Water Resources Devel10 opment Act of 1996 (33 U.S.C. 2330); 

11 (8) section 2 of the Act of August 28, 1937 (50 

12 Stat. 877, chapter 877; 33 U.S.C. 701g); and 

13 (9) section 1135 of the Water Resources Devel14 opment Act of 1986 (33 U.S.C. 2309a). 

15 SEC. 3003. REPORT RELATING TO AVAILABILITY OF 

16 PRIORITIZED CAP PROJECTS. 

17 As soon as practicable after the date of enactment 

18 of this Act, the Secretary shall publish in the Federal Reg19 ister and on a publicly available website the prioritization 

20 criteria and the annual report required under paragraphs 

21 (2) and (3), respectively, of section 1030(a) of the Water 

22 Resources Reform and Development Act of 2014 (33 

23 u.s.c. 400). 
143 


35696.140

~IAZ1R4Hi 

1 

2 

110 

Subtitle B-Navigation 

PART I-INLAND WATERWAYS 

S.L.C. 

3 SEC. 3101. GAO STUDY ON NAVIGATION AND ECOSYSTEM 

4 SUSTAINABILITY PROGRAM. 

5 Not later than 1 year after the elate of enactment 

6 of this Act, the Comptroller General of the United States 

7 shall8 ( 1) complete a study on the implementation of 

9 the navigation and ecosystem sustainability program 

10 under title VIII of the Water Resources Develop11 rnent Aet of 2007 (33 U.S.C. 652 note; Public Ijttw 

12 110-114); and 

13 (2) submit to Congress a report on the results 

14 of thP sturly under paragraph (1), including a de15 scription of the obstades that must be removed to 

16 implement the program expeditiously. 

17 SEC. 3102. MCCLELLAN-KERR ARKANSAS RIVER NAVIGA· 

18 TION SYSTEM. 

19 (a) Ix GENERAL.-For the purposes of project con20 tinuation, prior funding for the McClellan-Kerr Arkansas 

21 1-\iver .:\l"avigation System, 12-foot channel, from appro22 priations Acts enacted prior to 2009 shall be deemed to 

23 have come from eonstruetion-relatt'd aeeounts, not oper24 ations and maintenance accounts. 
144 


35696.141

1.lAZ18416 S.L.C. 

111 

1 (b) SAVINGS PROVISION.-Nothing in this sectional2 ters the existing prioritization for Inland Waterway Trust 

3 Fund activities. 

4 PART II-PORTS AND HARBORS 

5 SEC. 3111. BEACH RENOURISHMENT AND SHORELINE PRO· 

6 TECTION DEMONSTRATION PROGRAM. 

7 (a) IN GENERAL.-Not later than 90 days after the 

8 date of enactment of this Act, the Secretary shall establish 

9 a demonstration program (referred to in this section as 

10 the "demonstration program") to carry out not more than 

11 5 projects for beach renourishment and shoreline protec12 tion along the Mid-Atlantic coast. 

13 {b) PROJECT SELECTION.-The Secretary shall con14 suit with relevant State agencies in selecting projects 

15 under the demonstration program. 

16 (c) CRITERIA.-The Secretary shall establish criteria 

17 and other considerations for implementation of the dem18 onstration program that19 (1) foster Federal, State, and local collabora20 tion; 

21 (2) evaluate the performance of project assets 

22 within a system that yield system-wide benefits with23 in individual or multiple States; and 

24 (3) include other criteria· and considerations 

25 that the Secretary determines to be appropriate. 
145 


35696.142

MAZ18416 S.L.C. 

112 

1 (d) CosT-SHARING.-Projects carried out under the 

2 demonstration program shall be subject to the cost-shar3 ing requirements otherwise applicable to beach renourish4 ment and shoreline protection projects. 

5 (e) REPORT.-Not later than 1 year after the date 

6 of enactment of this Act, and annually thereafter, the Sec7 retary shall submit to the Committee on Environment and 

8 Public Works of the Senate and the Committee on Trans9 portation and Infrastructure of the House of Representa10 tives a report that includes findings and recommendations 

11 of the Secretary with respect to the projects completed 

12 under the demonstration program. 

13 (f) AUTHORIZATION OF APPROPRIATIONS.-There is 

14 authorized to be appropriated to carry out tllis section 

15 $75,000,000, to remain available until eAlJended. 

16 (g) TERMINATION.-The demonstration program 

17 shall terminate after completion of all projects carried out 

18 pursuant to subsection (a). 

19 SEC. 3112. AUTHORIZATION OF APPROPRIATIONS FOR PUR20 CHASE OF MAT SINKING UNIT. 

21 There is authorized to be appropriated to the Sec22 retary $125,000,000 for the purchase of a mat sinking 

23 unit. 
146 


35696.143

l\lAZ18416 

113 

1 SEC. 3113. MAT SINKING UNIT. 

S.L.C. 

2 It is the sense of Congress that, in considering the 

3 least cost alternative for purchasing a mat sinking unit, 

4 the Corps of Engineers should consider entering into a 

5 lease to purchase. 

6 SEC. 3114. SENSE OF CONGRESS RELATING TO KENNEBEC 

7 RIVER FEDERAL NAVIGATION CHANNEL. 

8 It is the sense of Congress that periodic maintenance 

9 dredging of the Federal navigation channel in the Ken10 nebec River, Maine, should be prioritized, based on a joint 

11 plan developed by the Secretary and the Secretary of the 

12 Navy. 

13 SEC. 3115. SENSE OF CONGRESS RELATING TO WIL14 MINGTON HARBOR DREDGING. 

15 It is the sense of Congress that the Secretary should 

16 prioritize annual dredging for Wilmington Harbor, Dela17 ware. 

18 SEC. 3116. PORT OF ARLINGTON. 

19 The Secretary shall reimburse the Port of Arlington, 

20 Gillam County, Oregon, not more than $3,200,000, for the 

21 costs incurred by the Port of Arlington for construction 

22 and other expenses for the project described in the matter 

23 under the heading "REGULATORY PROGRAl\I" under the 

24 heading "CORPS OF ENGINEER8-CML" under the head25 ing "DEPARTMENT OF THE AR~IY" under the head26 ing of "DEPARTMENT OF DEFENSE-CIVIL" in 
147 


35696.144

JIIAZ18416 S.L.C. 

114 

1 title I of division C of the Omnibus Appropriations Act, 

2 2009 (Public Law 111-8; 123 Stat. 604), as authorized 

3 under that provision. 

4 SEC. 3117. PEARL RIVER BASIN DEMONSTRATION PR0-

5 GRAM. 

6 (a) DEFINITION OF ENVIRONMENTAL Jl\IPACT 

7 STATEMENT.-In this section, the term ''environmental 

8 impact statement" means the detailed written statement 

9 required under section 102(2)(0) of the National Environ10 mental Policy Act of1969 (42 U.S.O. 4332(2)(0)). 

11 (b) DEl\IONSTRATION PROGRAl\1.-The Secretary 

12 shall establish a demonstration program to allow a project 

13 authorized by section 211 of the Water Resources Devel14 opment Act of 1996 (33 U.S.O. 701b-13) (as in effect 

15 on the day before the date of enactment of the 'Vater Re16 sources Reform and Development Act of 2014 (128 Stat. 

17 1193)) to begin preliminary engineering and design after 

18 the completion of a feasibility study and an environmental 

19 impact statement for the project. 

20 (c) REQUIREMENTS.-For each project authorized to 

21 begin preliminary engineering and design under subsection 

22 (b)-

23 (1) the project shall conform to the feasibility 

24 study approved by the headquarters office of the 
148 


35696.145

MAZ18416 S.L.C. 

115 

1 Corps of Engineers and the enviromnentul impact 

2 statement for the project; and 

3 · (2) the Secretary and the non-Federal sponsor 

4 shall jointly agree to the construction design of the 

5 project. 

6 (d) REPAYMENT.-If a project authorized to begin 

7 preliminary engineering and design under subsection (b) 

8 does not receive a favorable final decision document, the 

9 non-Federal sponsor of the project shall repay any funds 

10 provided under this section for the project. 

11 (e) SUNSET.-The authority to curry out the dem12 onstration program under this section shall terminate on 

13 the date that is 5 years after the date of enactment of 

14 this Act. 

15 SEC. 3118. EXPEDITED INITIATION. 

16 Section 1322(b)(2) of the Water Infrastructure Im17 provements for the Nation Act (130 Stat. 1707) is umend18 ed in the mutter preceding subparagraph (A) by striking 

19 "if the Secretary" and all that follows through "2287)" 

20 and inserting "once the general reevaluation report for the 

21 project has been submitted for approval, shall immediately 

22 initiate preconstrnction engineering and design for the 

23 project". 
149 


35696.146

l\lAZ18416 S.L.C. 

116 

1 SEC. 3119. BENEFICIAL USE OF DREDGED SEDIMENT. 

2 Notwithstanding any other provision of law, in the 

3 case of a project for beach nourishment, the easement for 

4 the project shall be for a period5 (1) agreed to by the Secretary and the non6 Federal interest; and 

7 (2) not less than 100 percent of the anticipated 

8 lifecycle of the project and not more than 200 per9 cent of the anticipated lifecycle of the project. 

10 SEC. 3120. RULE FOR BEACH NOURISHMENT AND SHORE11 LINE PROTECTION PROJECTS. 

12 Notwithstanding any other provision of law, in the 

13 case of a project for beach nourishment or shoreline pro14 tection, with respect to the benefit-cost analysis for the 

15 project, the Secretary shall proceed with the project if the 

16 benefits of the project are equal to or greater than the 

17 costs of the project. 

18 PART ill-MISCELLANEOUS PROVISIONS 

19 SEC. 3121. REPORT ON DEBRIS REMOVAL. 

20 Not later than 180 days after the date of enactment 

21 of this Act, the Secretary shall submit to Congress and 

22 make publicly available a report that describes23 (1) the e},.'tent to which the Secretary has car24 ried out section 3 of the Act of March 2, 1945 (59 

25 Stat. 23, chapter 19; 33 U.S.C. 603a); 
150 


35696.147

MAZ18416 S.L.C. 

117 

1 (2) how the Secretary has evaluated potential 

2 projects to be caiTied out under that section; and 

3 (3) recommendations for the establishment of a 

4 pilot program to improve the implementation of that 

5 section. 

6 SEC. 3122. CAPE ARUNDEL DISPOSAL SITE, MAINE. 

7 Section 113 of the Energy and Water Development 

8 and Related Agencies Appropriations Act, 2014 (Public 

9 Law 113-76; 128 Stat. 158) is amended by striking "for 

10 5 years after the date of enactment of this Act" and in11 serting "until December 31, 2021". 

12 SEC. 3123. DELAWARE RIVER NAVIGATION PROJECT. 

13 Section 1131(3) of the Water Resources Development 

14 Act of 1986 (100 Stat. 4246) is amended by striking "ten 

15 feet" and inserting "35 feet". 

16 SEC. 3124. SENSE OF CONGRESS RELATING TO EROSION ON 

17 THE BANKS OF THE OIDO RIVER NEAR 

18 CLARKSVILLE, INDIANA. 

19 It is the sense of Congress that the Secretary should 

20 use the authority provided to the Secretary under section 

21 9 of the Flood Control Act of 1946 (60 Stat. 643, chapter 

22 596) to address erosion issues on the Ohio River near 

23 Clarksville, Indiana. 
151 


35696.148

l\IAZ18416 S.L.C. 

118 

1 Subtitle C-Locks, Dams, Levees, 

2 and Dikes 

3 SEC. 3201. CERTAIN LEVEE IMPROVEMENTS. 

4 (a) IN GE:NERAL.-In the case of a levee described 

5 in subsection (b), the Secretary is encouraged to cooperate 

6 to the maximum e}.i;ent practicable with non-Federal spon7 sors to implement necessary improvements to the levee. 

8 (b) LEVEES DESCRIDED.-A levee referred to in sub9 section (a) is a levee that is10 (1) owned, operated, and maintained by the 

11 Secretary; and 

12 (2) hydraulically tied to a community-owned 

13 levee that is not accredited by the Federal Emer14 gency Management Agency in accordance with sec15 tion 65.10 of title 44, Code of Federal Regulations 

16 (or successor regulations). 

17 SEC. 3202. REHABILITATION OF CORPS OF ENGINEERS 

18 CONSTRUCTED DAMS. 

19 Section 1177 of the Water Infrastructure Improve20 ments for the Nation Act (33 U.S.C. 467f-2 note; Public 

21 Law 114-322) is amended22 (1) in subsection (e), by striking "$10,000,000" 

23 and inserting 11$40,000,000"; and 

24 (2) in subsection (f), by striking "$10,000,000" 

25 and inserting "$40,000,000". 
152 


35696.149

l\L\Z18416 S.L.C. 

119 

1 SEC. 3203. NON-FEDERAL DAMS. 

2 The Secretary may accept and expend funds from an 

3 owner of a non-Federal dam for the review and revision 

4 of water operations manuals and flood control curves if 

5 the Secretary regulates the non-Federal facilities associ6 ated with the non-Federal dam under section 7 of the Act 

7 of December 22, 1944 (commonly known as the "Flood 

8 Control Act of 1944") (58 Stat. 890, chapter 665; 33 

9 u.s.c. 709). 

10 SEC. 3204. REAUTHORIZATION OF NATIONAL DAM SAFETY 

11 PROGRAM ACT. 

12 Section 14 of the National Dam Safety Program Act 

13 (33 U.S.C. 467j) is amended by striking "for each of fiscal 

14 years 2015 through 2019" each place it appears and inIS serting "for each of fiscal years 2015 through 2021''. 

16 SEC. 3205. SENSE OF CONGRESS RELATING TO IMPLEMEN17 TATION GUIDANCE FOR DAM SAFETY REPAIR 

18 PROJECTS. 

19 It is the sense of Congress that the Secretary should 

20 expeditiously issue guidance as required under section 

21 1139 of the \Vater Infrastructure Improvements for the 

22 Nation Act (33 U.S.C. 467n note; Public Law 114-322). 
153 


35696.150

JIIAZ18416 S.L.C. 

120 

1 SEC. 3206. REAUTHORIZATION OF NATIONAL LEVEE SAFE2 TY PROGRAM. 

3 (a) LEVEE SAFETY INITIATIVE.-Section 9005 of the 

4 Water Resources Development Act of 2007 (33 U.S.C. 

5 3303a) is amended6 (1) in subsection (c), by adding at the end the 

7 following: 

8 "(6) UPDATES.-Not later than 1 year after 

9 the date of enactment of the America's Water InfratO structure Act of 2018, the Secretary shall update 

11 the guidelines issued under paragraph (1) in accord12 ance ·with this subsection."; 

13 (2) in subsection (g)-

14 (A) in paragraph (1), by adding at the end 

15 the following: 

16 "(D) UPDATE.-Not later than 1 year 

17 after the date of enactment of the America's 

18 Water Infrastructure Act of 2018, the Sec19 retary shall update the guidelines issued under 

20 subparagraph (A) in accordance with this para21 graph."; and 

22 (B) in paragraph (2)(E)(i), by striking 

23 "for each of fiscal years 2015 through 2019" 

24 and inserting "for each of fiscal years 2015 

25 through 2021"; and 
154 


35696.151

MAZIB416 S.L.C. 

121 

1 (3) in .subsection (h)(3), by adding at the end 

2 the following: 

3 "(F) UPDATE.-Not later than 1 year 

4 after the date of enactment of the America's 

5 Water Infrastructure Act of 2018, the Sec6 retary shall update the guidelines issued under 

7 subparagraph (D).". 

8 (b) REPORTS.-Section 9006 of the Water Resources 

9 Development Act of 2007 (33 U.S.C. 3303b) is amendtO ed11 (1) in subsection (b), by inserting ", and not 

12 later than 1 year after the date of enactment of the 

13 America's Water Infrastructure Act of 2018," after 

14 "this subsection,"; 

15 (2) in subsection (c), in the matter preceding 

16 paragraph (1), by inserting ", and not later than 1 

17 year after the date of enactment of the America's 

18 Water Infrastructure Act of 2018," after "Water 

19 Resources Development Act of 2016,"; and 

20 (3) in subsection (d), in the matter preceding 

21 paragraph (1), by inserting ", and not later than 1 

22 year after the date of enactment of the America's 

23 Water Infrastructure Act of 2018," after "Water 

24 Resources Development Act of 2016,". 
155 


35696.152

l\IAZ18416 S.L.C. 

122 

1 (c) AUTHORIZATION OF APPROPRIATIONS.-Section 

2 9008 of the Water Resources Development Act of 2007 

3 (33 u.s.a. 3305) is amended4 (1) in the matter preceding paragraph (1), by 

5 striking "is" and inserting "are"; and 

6 (2) by striking "for each of fiscal years 2015 

7 through 2019" each place it appears and inserting 

8 "for each of fiscal years 2015 through 2021". 

9 SEC. 3207. REAUTHORIZATION OF LOCK OPERATIONS 

10 PILOT PROGRAM. 

11 Section 1017(f) of the Water Resources Reform and 

12 Development Act of 2014 (33 U.S.a. 2212 note; Public 

13 Law 113-121) is amended by striking "5 years" and in14 serting "10 years". 

15 SEC. 3208. RESTRICTED AREAS AT CORPS OF ENGINEERS 

16 DAMS. 

17 Section 2 of the Freedom to Fish Act (Public Law 

18 113-13; 127 Stat. 449, 128 Stat. 1271) is amended by 

19 striking "4 years after the date of enactment of the Water 

20 Resources Reform and Development Act of 2014" each 

21 place it appears and inserting "5 years after the date of 

22 enactment of the America's Water Infrastructure Act of 

23 2018". 
156 


35696.153

i\IAZ18416 S.L.C. 

123 

1 SEC. 3209. CERTAIN BUREAU OF RECLAMATION DIKES. 

2 (a) IN GENERAL.-Notwithstanding any other provi3 sion of law (including regulations), effective beginning on 

4 the date of enactment of this Act, the Federal share of 

5 the operations and maintenance costs of a dike described 

6 in subsection (b) shall be 100 percent. 

7 (b) DESCRIPTION OF Dnrns.-A dike referred to in 

8 subsection (a) is a dike9 (1) that is owned by the Bureau of Reclamation 

10 on the date of enactment of this Act; 

11 (2) the construction of which was completed not 

12 later than December 31, 1945; and 

13 (3) a corrective action study for which was com14 pleted not later than December 31, 2015. 

15 SEC. 3210. REHABILITATION OF IDGH·HAZARD POTENTIAL 

16 DAMS. 

17 Section SA of the National Dam Safety Program Act 

18 (33 U.S.C. 467f-2) is amended by striking subsection (e) 

19 and inserting the following: 

20 "(e) EMERGENCY ACTION PLAN'S.-

21 "(1) IN GENERAL.-As a condition of receipt of 

22 assistance under this section, the non-Federal spon23 sor shall demonstrate that an emergency action plan 

24 is in place 'to protect the safety of persons and prop25 erty in the area potentially affected by a breach of 

26 the dam. 
157 


35696.154

l\L\ZI8416 S.L.C. 

124 

1 "(2) lNCLUSIONS.-An emergency action plan 

2 under paragraph (1) shall address3 "(A) incident detection, evaluation, and 

4 emergency level determination; 

5 "(B) notification and communication; 

6 "(C) emergency actions; 

7 "(D) termination and follow-up; and 

8 "(E) public education and awareness of 

9 the emergency action plan.". 

10 SEC. 3211. MAINTENANCE OF ffiGH RISK FLOOD CONTROL 

11 PROJECTS. 

12 In any case in which the Secretary has assumed, as 

13 of the date of enactment of this Act, responsibility for the 

14 maintenance of a project classified as class III under the 

15 Dam Safety Action Classification of the Corps of Engi16 neers, the Secretary shall continue to be responsible for 

17 the maintenance of that project until the earlier of18 (1) the date on which the project is modified to 

19 reduce that risk and the Secretary determines that 

20 the project is no longer classified as class III under 

21 the Dam Safety Action Classification of the Corps of 

22 Engineers; and 

23 (2) the date that is 15 years after the date of 

24 enactment of this Act. 
158 


35696.155

lllAZ18416 

1 

125 

SubtitleD-Water Supply 

S.L.C. 

2 SEC. 3301. AUTHORITY TO MAKE ENTIRE ACTIVE CAPACITY 

3 OF FONTENELLE RESERVOffi AVAILABLE 

4 FORUSE. 

5 (a) IN GENERAL.-The Secretary of the Interior (re6 ferred to in this section as the "Secretary''), in coopera7 tion with the State of Wyoming, may amend the Definite 

8 Plan Report for the Seedskadee Project authorized under 

9 the first section of the Act of April 11, 1956 (commonly 

10 known as the "Colorado River Storage Project Act") ( 43 

11 U.S.C. 620), to provide for the study, design, planning, 

12 and construction activities that will enable the use of all 

13 active storage capacity (as may be defined or limited by 

14 legal, hydrologic, structural, engineering, economic, and 

15 environmental considerations) of Fontenelle Dam and 

16 Reservoir, including the placement of sufficient riprap on 

17 the upstream face of Fontenelle Dam to allow the active 

18 storage capacity of Fontenclle Reservoir to be used for 

19 those purposes for which the Seedskadcc Project was au20 thorized. 

21 (b) COOPERATIVE AGREEl\IENTS.-

22 (1) IN GENERAL.-The Secretary may enter 

23 into any contract, grant, cooperative agreement, or 

24 other a&~t that is necessary to carry out sub25 section (a). 
159 


35696.156

l\IAZ18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

S.L.C. 

126 

(2) STATE OF WYOl\UNG.-

(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 preconstrnction activities, and construction of any modification of the 

Fontenelle Dam under subsection (a). 

(B) REQIDREI\IENTS.-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.); 
160 


35696.157

JII.AZ18416 

1 

2 

3 

4 

5 

6 

S.L.C. 

127 

(II) the Endangered Species Act 

of 1973 (16 U.S.C. 1531 et seq.); and 

(ill) subdivision 2 of division A 

of subtitle ill of title 54, United 

States Code; and 

(iii) the construction of the modifica7 tion of the Fontenelle Dam under sub8 section (a). 

9 (c) FUNDING BY STATE OF WYOMING.-Pursuant to 

10 the Act of March 4, 1921 (41 Stat. 1404, chapter 161; 

11 43 U.S.C. 395), and as a condition of providing any addi12 tional storage under subsection (a), the State of Wyoming 

13 shall provide to the Secretary funds for any work carried 

14 out under subsection (a). 

15 (d) OTHER CONTRACTING AUTHORITY.-

16 (1) IN GE:t-.'ERAL.-The Secretary may enter 

17 into contracts with the State of Wyoming, on such 

18 terms and conditions as the Secretary and the State 

19 of Wyoming may agree, for division of any addi20 tional active capacity made available under sub21 section (a). 

22 (2) TERl\IS AND CONDITIONS.-Unless other23 wise agreed to by the Secretary and the State of 

24 Wyoming, a contract entered· into under paragraph 

25 (1) shall be subject to the tenns and conditions of 
161 


35696.158

lllAZ18416 S.L.C. 

128 

1 Bureau of Reclamation Contract No. 14-06-400-

2 2474 and Bureau of Reclamation Contract No. 14-

3 06-400-6193. 

4 (e) SAVINGS PROVISIONS.-Unless expressly provided 

5 in this section, nothing in this section modifies, conflicts 

6 with, preempts, or otherwise affects7 (1) the Boulder Canyon Project Act (43 U.S.C. 

8 617 et seq.); 

9 (2) the Colorado River Compact of 1922, as ap10 proved by the Presidential Proclamation of June 25, 

11 1929 (46 Stat. 3000); 

12 (3) the Boulder Canyon Project Adjustment Act 

13 (43 U.S.C. 618 et seq.); 

14 (4) the Treaty between the United States of 

15 America and Mexico relating to the utilization of 

16 waters of the Colorado and Tijuana Rivers and of 

17 the Rio Grande, and supplementary protocol signed 

18 November 14, 1944, signed at Washington February 

19 3, 1944 (59 Stat. 1219); 

20 (5) the Upper Colorado River Basin Compact 

21 as consented to by the Act of April 6, 1949 (63 

22 Stat. 31); 

23 (6) the Act of Aprilll, 1956 (commonly known 

24 ns thp "Colorado River Storage Project Act") ( 43 

25 U.S.C. 620 et seq.); 
162 


35696.159

l\IAZ18416 S.L.C. 

129 

1 (7) the Colorado River Basin Project Act (Pub2 lie Law 90-537; 82 Stat. 885); or 

3 (8) any State of Wyoming or other State water 

4 law. 

5 SEC. 3302. PRICING OF WATER STORAGE CONTRACTS. 

6 Section 7 of the Flood Control Act of 1944 (33 

7 U.S.C. 709) is amended8 (1) by striking "such regulations: Provided, 

9 That this section" and inserting the following: 

10 "those regulations. 

11 "(2) EXCEPTION.-This subsection"; and 

12 (2) by striking the section designation and all 

13 that follows through "It shall be the duty of the Sec14 retary of the Army to" and inserting the following: 

15 "SEC. 7. WATER STORAGE. 

16 "(a) PRICING OF CONTRACTS.-

17 "(1) IN GENERAL.-Subject to paragraph (2), 

18 the Secretary of the Army shall price each water 

19 storage contract entered into by the Secretary at fair 

20 market value. 

21 "(2) FAIR 1\lARKET VALUE REQUIREl\IENT.-

22 For purposes of paragraph (1), the fair market 

23 value of a water storage contract shall not exceed 

24 110 percent of the lowest-contracted price at any fa25 cility of the Corps of Engineers located within 50 
163 


35696.160

MAZ18416 S.L.C. 

130 

1 miles of the water source covered by the contract, as 

2 adjusted for inflation. 

3 "(b) FLOOD CONTROL AND NAVIGATION.-

4 "(1) IN GENERAL.-Except as provided in para5 graph (2), the Secretary of the Army shall". 

6 SEC. 3303. REPORT ON WATER SUPPLY CONTRACT, WRIGHT 

7 PATMAN LAKE, TEXAS. 

8 Not later than June 30, 2019, the Secretary shall 

9 submit to Congress a report on the status of the imple10 mentation of the water supply contract, Department of the 

11 Army, Civil Works Contract No. 29-68-A-0130, at Wright 

12 Patman Lake, Texas, that13 (1) describes the accomplishments or failures 

14 relating to the implementation of that contract at 

15 Wright Patman Lake; 

16 (2) identifies17 (A) the activities that the Secretary ex18 pects to be necessary to complete the execution 

19 of the contract; 

20 (B) the expected completion date for each 

21 activity identified under subparagraph (A); and 

22 (C) the expected execution date of the con23 tract; and 
164 


35696.161

MAZ18416 S.L.C. 

131 

1 (3) describes any adjustments to the timeline 

2 for completion of the execution of the contract that 

3 the Secretary determines to be necessary. 

4 SEC. 3304. SENSE OF CONGRESS RELATING TO WRIGHT 

5 PATMAN LAKE, SULPHUR RIVER BASIN, 

6 TEXAS. 

7 It is the sense of Congress that the Secretary should 

8 implement the Department of the Anny, Civil Works Con9 tract No. 29-68-A-0130, at Wright Patman Lake, Texas, 

10 in an expeditious manner and in accordance with all appli11 cable Federal and State water laws, including through the 

12 acceptance and expenditure of funds contributed by a non13 Federal interest for any study required by law. 

14 SEC. 3305. CITY RESERVOffi EXPANSION PILOT PROGRAM. 

15 (a) IN GENERAL.-The Secretary shall establish a 

16 pilot program to eA-pedite review of applications described 

17 in subsection (b). 

18 (b) APPLICATIONS DESCRIDED.-An application re19 ferred to in subsection (a) is an application for a permit 

20 from the Secretary21 (1) to expand a reservoir for which not less 

22 than 80 percent of the water rights are for commu23 nity drinking water supplies in order to accommo24 date projected water supply needs of a city with a 

25 population of less than 80,000; and 
165 


35696.162

l\IAZ18416 S.L.C. 

132 

I (2) from a city in which2 (A) any portion of the water resources 

3 available to the community are polluted by 

4 chemicals used at a formerly used defense site 

5 under the jurisdiction of the Department of De6 fense that is undergoing (or is scheduled to un7 dergo) environmental remediation under chapS ter 160 of title 10, United States Code; and 

9 (B) mitigation of the pollution described in 

I 0 subparagraph (A) is ongoing. 

11 (c) SUNSET.-The authority to carry out the pilot 

I2 program under this section shall terminate on the date 

I3 that is 10 years after the date of enactment of this Act. 

I4 SEC. 3306. SENSE OF CONGRESS RELATING TO WATER-REI5 

I6 

I7 

LATED INFRASTRUCTURE IN IDAHO, MONTANA, RURAL NEVADA, NEW MEXICO, RURAL 

UTAH, AND WYOMING. 

IS It is the sense of Congress that appropriations auI9 thorized by section 595(i) of the Water Resources Devel20 opment Act of 1999 (113 Stat. 384; 128 Stat. 1316; 130 

2I Stat. 1681) should be maintained at an amount not less 

22 than $75,000,000. 
166 


35696.163

IIIAZ18416 S.L.C. 

133 

1 SEC. 3307. GROUNDWATER AND WELL WATER TESTING AND 

2 TREATMENT PROGRAM. 

3 (a) IN GENERAL.-The Secretary shall carry out a 

4 program to carry out the eligible projects described in sub5 section (b). 

6 (b) ELIGIDLE PROJECTS DESCRIDED.-An eligible 

7 project referred to in subsection (a) is a project located8 (1)(A) in a disadvantaged community (as de9 fined in section 1452(d) of the Safe Drinking Water 

10 Act (42 U.S.C. 300j-12(d)); or 

11 (B) in a municipality with a population of not 

12 more than 100,000; 

13 (2) in reasonable proximity to14 (A) an active military base; 

15 (B) a formerly used defense site under the 

16 jurisdiction of the Department of Defense that 

17 is undergoing (or is scheduled to undergo) envi18 ronmental remediation under chapter 160 of 

19 title 10, United States Code; or 

20 (C) any industrial site; and 

21 (3) in an area in which22 (A) there may be contamination m the 

23 available drinking water supply; and 

24 (B) the local government is requesting as25 sistance in the testing and treatment of water 

26 wells. 
167 


35696.164

MAZ18416 S.L.C. 

134 

1 (c) AUTHORIZATION OF APPROPRIATIONS.-There is 

2 authorized to be appropriated to carry out this section 

3 $50,000,000, to remain available until ex"'Pended. 

4 Subtitle E-Sediment Management 

5 SEC. 3401. MISSOURI RIVER RESERVOffi SEDIMENT MAN6 AGEMENT. 

7 Section 1179(a) of the Water Infrastructure Im8 provements for the Nation Act (130 Stat. 1675) is amend9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

ed-

( 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 1\fANAGEl\lENT PLANS.-In carrying out the pilot project 

under tlus subsection, the Secretacy shall give priority to developing and implementing sediment management plans that affect reservoirs that cross State 

lines."; 

(3) in paragraph (8) (as so redesignated)-

(A) by redesignating subparagraph (B) as 

subparagraph (C); and 

(B) by striking subparagraph (A) and inserting the following: 
168 


35696.165

l\I.AZ18416 S.L.C. 

135 

1 "(A) IN GENERAL.-The Secretary shall 

2 carry out the pilot program established under 

3 this subsection in partnership with the Sec4 retary of the Interior, and the program shall 

5 apply to reservoirs managed or owned by the 

6 Bureau of Reclamation. 

7 "(B) MEl\IORANDUl\1 OF AGREEl\IENT.-

8 For sediment management plans that apply to 

9 a reservoir managed or owned by the Bureau of 

10 Reclamation· under subparagraph (A), the Sec11 retary and the Secretary of the Interior shall 

12 execute a memorandum of agreement estab13 lishing the framework for a partnership and the 

14 terms and conditions for sharing eA-pertise and 

15 resources."; and 

16 (4) by adding at the end the following: 

17 "(10) PRIORITIZATION OF FUNDS.-To the 

18 maximum extent practicable, in carrying out any 

19 projects or programs of the Secretary or the Sec20 retary of the Interior, the Secretary and the Sec21 retary of the Interior, as applicable, shall give pri22 ority to activities under this subsection.". 

23 SEC. 3402. RESERVOffi SEDIMENT. 

24 Section 215 of the Water Resources Development Act 

25 of 2000 (33 U.S.C. 2326c) is amended-
169 


35696.166

l\L\Z18416 S.L.C. 

136 

1 (1) in subsection (a)-

2 (A) by striking "the date of enactment of 

3 the Water Resources Development Act of 2016" 

4 and inserting "the date of enactment of the 

5 America's Water Infrastructure Act of 2018"; 

6 and 

7 (B) by striking "shall establish, usmg 

8 available funds, a pilot program to accept" and 

9 inserting "shall, using available funds, accept"; 

10 (2) in subsection (b)-

11 (A) in paragraph (2), by adding "and" at 

12 the end; 

13 (B) in paragraph (3), by striking "; and" 

14 at the end and inserting a period; and 

15 (C) by striking paragraph (4); and 

16 (3) by striking subsection (f) and inserting the 

17 following: 

18 "(f) REPORT TO CONGRESS.-Not later than 3 years 

19 after the date of enactment of the America's Water Infra20 structure Act of 2018, the Secretary may submit to the 

21 Committee on Environment and Public Works of the Sen22 ate and the Committee on Transportation and Infrastruc23 ture of the House of Representatives a report describing 

24 the results of the program under this section.". 
170 


35696.167

l\IAZ18416 S.L.C. 

137 

1 SEC. 3403. REGIONAL SEDIMENT MANAGEMENT. 

2 Section 204 of the Water Resources Development Act 

3 of 1992 (33 U.S.C. 2326) is amended4 (1) in subsection (a)-

5 (A) by striking paragraph (1) and insert6 ing the following: 

7 "(1) SEDIMENT USE.-For sediment obtained 

8 through the construction, operation, or maintenance 

9 of an authorized. Federal water resources project or 

10 a reclamation project, including Federal reservoirs 

11 authorized for flood control, the Secretary (in con12 sultation with the Commissioner of Reclamation (re13 ferred to in this section as the 'Commissioner')) and, 

14 subject to the availability of appropriations, the 

15 Commissioner (in consultation with the Secretary), 

16 as applicable, shall develop, at full Federal eA."Pense, 

17 regional sediment management plans, and carry out 

18 projects at locations identified in plans developed 

19 under this section, or identified jointly by the non20 Federal interest and the Secretary or the Commis21 sioner, as applicable, for use in the construction, re22 pair, modification, or rehabilitation of projects asso23 ciated with Federal water resources projects and rec24 lamation projects for purposes listed in paragraph 

25 (3)."; 
171 


35696.168

l\L\Zl8416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

S.L.C. 

138 

(B) in paragraph (2), by inserting "or the 

Commissioner, as applicable," after "Secretary''; 

(C) m paragraph (3), in the matter preceding subparagraph (A), by inserting "and reclamation projects" after "water resources 

projects"; and 

(D) in paragraph (4), by inserting "or the 

Commissioner, as applicable," after "Secretary''; 

(2) in subsection (b)-

(A) in the heading, by striking "SECRETARIAL" and inserting "AGENCY"; and 

(B) in the matter preceding paragraph (1), 

by inserting "or the Commissioner, as applicable," after "Secretary''; 

(3) in subsection {c)(1)-

(A) in subparagraph (A), by inserting "or 

reclamation project" after "water resources 

project"; and 

(B) in subparagraph (B)(ii), by inserting 

"or the Commissioner, as applicable," after 

"Secretary''; 

(4) in subsection (d)-
172 


35696.169

MAZ18416 

1 

2 

3 

4 

5 

6 

S.L.C. 

139 

(A) by inserting "or the Commissioner, as 

applicable," after "Secretary" each place it appears; and 

(B) in paragraph (1), in the matter preceding subparagraph (A), by inserting "or reclamation project" after "water resources 

7 project"; 

8 (5) in subsection (e), in the matter preceding 

9 paragraph (1), by inserting "or the Commissioner, 

10 as applicable," after "Secretary"; and 

11 (6) in subsection (g), in the first sentence, by 

12 inserting "to the Secretary" after "appropriated". 

13 Subtitle F-Flood Risk 

14 Management 

15 SEC. 3501. ICE JAM PREVENTION AND MITIGATION. 

16 Section 1150(c) of the Water Infrastructure Improve17 ments for the Nation Act (33 U.S.C. 701s note; Public 

18 Law 114-322) is amended19 

20 

21 

22 

23 

24 

25 

(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"; 

(2) in paragraph (2)-
173 


35696.170

lllAZ18416 S.L.C. 

140 

1 (A) by striking "shall ensure" and insert2 ing the following : "shall3 "(A) ensure"; 

4 (B) by striking the period at the end and 

5 inserting"; and"; and 

6 (C) by adding at the end the following: 

7 "(B) select not less than 1 project on a 

8 reservation (as defined in section 3 of the In9 dian Financing Act of 1974 (25 U.S.C. 1452)) 

10 that serves more than 1 Indian tribe (as defined 

11 in section 4 of the Indian Self-Determination 

12 and Education Assistance Act (25 U.S.C. 

13 5304))."; and 

14 (3) by adding at the end the following: 

15 "(3) PRIORITIZATION.-In selecting projects 

16 under paragraph (1), the Secretary shall give pri17 ority to18 "(A) projects in the Upper Missouri River 

19 Basin; and 

20 14 (B) projects in the Northeast.". 

21 SEC. 3502. UPPER MISSOURI RIVER BASIN FLOOD AND 

22 DROUGHT MONITORING. 

23 Section 4003(a) of the Water Resources Reform and 

24 Development Act of 2014 (128 Stat. 1311, 130 Stat. 

25 1677) is amended by adding at the end the following: 
174 


35696.171

MAZ18416 S.L.C. 

141 

1 "(6) PRIORITIZATION.-To the maximum ex2 tent practicable, in carrying out any projects or pro3 grams of the Secretary, the Secretary shall give pri4 ority to activities under this subsection.". 

5 SEC. 3503. POUCIES mAT IMPACT FLOOD FIGHT MANAGE6 MENT PROJECTS WITHIN URBAN AREAS. 

7 Not later than 1 year after the date of enactment 

8 of this Act, the Secretary shall carry out a study on9 (1) flooding within urban floodplains; and 

10 (2) the Federal policy constraints on the ability 

11 of the Secretary to address urban flooding, includ12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

mg-

(A) the regulations under part 238 of title 

33, Code of F1

ederal Regulations (as in effect on 

the date of enactment of this Act); and 

(B) the limitation under section 

238.7(a)(1) of that title (as in effect on the 

date of enactment of this Act) 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. 
175 


35696.172

lllAZ18416 S.L.C. 

142 

1 SEC. 3504. MISSOURI RIVER AND TRIBUTARIES AT KANSAS 

2 CITIES, MISSOURI AND KANSAS. 

3 (a) IN GENERAL.-The project for flood damage re4 duction, .Argentine, East Bottoms, Fairfax-Jersey Creek, 

5 and North Kansas Levees Units, Missouri River and tribu6 taries at Kansas Cities, Missouri and Kansas, authorized 

7 by section 1001(28) of the Water Resources Development 

8 Act of 2007 (121 Stat. 1054), is modified to include the 

9 .Armourdale and Central Industrial District Levee Units, 

10 to be carried out by the Secretary substantially in accord11 ance with the plans, and subject to the conditions, de12 scribed in the report of the Chief of Engineers, dated Jan13 uary 27, 2015, at an additional total cost of 

14 $328,110,000, with an estimated Federal cost of 

15 $213,271,500 and an estimated non-Federal cost of 

16 $114,838,500. 

17 (b) SINGLE PROJECT.-The projects described in 

18 subsection (a) shall be considered a single project for 

19 budgeting purposes and shall not be subject to a new start 

20 decision or new investment decision. 

21 (c) CONFORMING .Al\IENDl\IENT.-ltem 2 of the table 

22 in section 1401(2) of the Water Infrastructure Improve23 ments for the Nation Act (130 Stat. 1710) (relating to 

24 .Armourdale and Central Industrial District Levee Units, 

25 Missouri River and Tributaries at Kansas Citys) is re26 pealed. 
176 


35696.173

MAZ18416 S.L.C. 

143 

1 SEC. 3505. FARGO-MOORHEAD METROPOLITAN AREA DI· 

2 VERSION PROJECT, NORTH DAKOTA. 

3 (a) IN GENERAL.-Notwithstanding section 

4 404(b)(2)(B)(ii) of the Robert T. Stafford Disaster Relief 

5 and Emergency Assistance Act (42 U.S.a. 

6 5170c(b)(2)(B)(ii)) and any regulations promulgated to 

7 carry out that section, beginning on the date of enactment 

8 of this Act, any property in the State of North Dakota 

9 that was acquired through hazard mitigation assistance 

10 provided under section 203 of that Act (42 U.S.a. 5133), 

11 section 404 of that Act (42 U.S.a. 5170c), or section 1366 

12 of the National Flood Insurance Act of 1968 (42 U.S.a. 

13 4104c) that was subject to any open space deed restriction 

14 shall be exempt from those restrictions to the eA'tent nec15 essary to complete the Fargo-Moorhead Metropolitan Area 

16 Diversion Project authorized by section 7002(2) of the 

17 Water Resources Reform and Development Act of 2014 

18 (128 Stat. 1366), subject to the conditions that19 (1) no new or additional structure unrelated to 

20 the Project may be erected on the property unless 

21 the new or additional structure is in compliance with 

22 section 404(b)(2)(B)(ii) of the Robert T. Stafford 

23 Disaster Relief and Emergency Assistance Act ( 42 

24 U.S.a. 5170c(b)(2)(B)(ii)); and 
177 


35696.174

lllAZ18416 S.L.C. 

144 

1 (2) any subsequent use of the land on the prop2 erty that is unrelated to the Project shall comply 

3 with that section. 

4 (b) SAVINGS·PROVISION.-Nothing in tllis section af5 fects the responsibility of any entity to comply with all 

6 other applicable laws (including regulations) with respect 

7 to the properties described in subsection (a). 

8 Subtitle G-River Basins, 

9 Watersheds, and Coastal Areas 

10 SEC. 3601. LONG-TERM FLOOD RISK REDUCTION, UPPER 

11 MISSOURI RIVER BASIN, SNAKE RIVER BASIN, 

12 AND RED RIVER BASIN. 

13 Section 5 of the Act of August 18, 1941 (commonly 

14 known as the "Flood Control Act of 1941") (55 Stat. 650, 

15 chapter 377; 33 U.S.C. 701n) is amended by adding at 

16 the end the following: 

17 "(£) LONG TERl\1 FLOOD-RISK REDUCTION.-

18 "(1) IN GENERAL.-The Secretary shall provide 

19 assistance for the operation and maintenance of any 

20 project constructed under this section that, as deter21 mined by the Secretary, becomes permanent due to 

22 the e)l.1;ended presence of assistance from the Sec23 retary under subsection (a). 

24 "(2) No TIME LlllliTATION.-Notwithstanding 

25 any other provision of this section or any other law, 
178 


35696.175

l\IAZ18416 S.L.C. 

145 

1 the Secretary may provide assistance under this sub2 section for any period of time, as determined by the 

3 Secretary. 

4 "(3) CosT-SHARE.-The cost of operation and 

5 maintenance provided under this subsection for a 

6 project shall be subject to the cost-sharing provisions 

7 that would otherwise apply to such a project. 

8 "( 4) TERl\llNATION.-The authority to provide 

9 assistance under this subsection terminates on the 

10 date that is 10 years after the date of enactment of 

11 the .America's Water Infrastructure Act of 2018.". 

12 SEC. 3602. SENSE OF CONGRESS RELATING TO PROVISION 

13 OF RESOURCES FOR EMERGENCY INFRA14 STRUCTURE REPAIRS. 

15 It is the sense of Congress that the Secretary should 

16 use all existing authorities of the Secretary to accept and 

17 use resources provided by a non-Federal entity under sec18 tion 1024 of the Water Resources Reform and Develop19 ment Act of 2014 (33 U.S.C. 2325a) to carry out emer20 gency infrastructure repairs, regardless of the cause of the 

21 emergency. 

22 SEC. 3603. ~ENSE OF CONGRESS ON EMERGENCY MANAGE23 MENT ASSISTANCE. 

24 It is the sense of Congress that the Secreta:ry should 

25 provide technical assistance and other support to State 
179 


35696.176

lllAZ18416 S.L.C. 

146 

1 emergency management agencies to assist in the develop2 ment of handbooks for floodplain managers that3 (1) include policies to help manage the risks of 

4 coastal and river flooding; and 

5 (2) consider coastal protection solutions that 

6 promote resilience, such as living shorelines, and re7 gional sediment management. 

8 SEC. 3604. GREAT LAKES FISH AND WILDLIFE RESTORA· 

9 TION ACT OF 1990. 

10 Section 1009 of the Great !.Jakes Fish and Wildlife 

11 Restoration Act of 1990 (16 U.S.C. 941g) is amended by 

12 striking subsection (a) and inserting the following: 

13 "(a) IN GENERAL.-There are authorized to be ap· 

14 propriated to the Director15 "(1) for fiscal year 2019-

16 "(A) $6,600,000 to implement fish and 

17 

18 

19 

20 

21 

22 

23 

24 

25 

wildlife restoration proposals and regional 

projects selected by the Director under section 

1005(d), of which-

"(i) not more than the lesser of 33 lfa 

percent and $2,000,000 may be allocated 

to implement regional projects; and 

"(ii) the lesser of 5 percent and 

$300,000 shall be allocated to the United 

States Fish and 'Vildlife Service to cover 
180 


35696.177

MAZ18416 S.L.C. 

147 

1 costs incurred in administering the pro2 posals by any entity; and 

3 "(B) $2,200,000, which shall be allocated 

4 for the activities of the Upper Great Lakes Fish 

5 and Wildlife Conservation Offices and the 

6 Lower Great Lakes Fish and Wildlife Conserva7 tion Office under section 1007; 

8 "(2) for fiscal year 2020-

9 "(A) $7,200,000 to implement fish and 

10 wildlife restoration proposals and regional 

11 projects selected by the Director under section 

12 1005(d), of which13 "(i) not more than the lesser of 33 1

/a 

14 percent and $2,000,000 may be allocated 

15 to implement regional projects; and 

16 "(ii) the lesser of 5 percent and 

17 $300,000 shall be allocated to the United 

18 States Fish and Wildlife Service to cover 

19 costs incurred in administering the pro20 posals by any entity; and 

21 "(B) $2,400,000, which shall be allocated 

22 for the activities of the Upper Great Lakes Fish 

23 and Wildlife Conservation Offices and the 

24 Lower Great Lakes Fish and Wildlife Conserva25 tion Office under section 1007; and 
181 


35696.178

lllAZ18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

S.L.C. 

148 

"(3) for fiscal year 2021-

"(A) $7,800,000 to implement fish and 

wildlife restoration proposals and regional 

projects selected by the Director under section 

1005(d), of which-

"(i) not more than the lesser of 33 1/a 

percent and $2,000,000 may be allocated 

to implement regional projects; and 

"(ii) the lesser of 5 percent and 

$300,000 shall be allocated to the United 

States Fish and Wildlife Service to cover 

costs incurred in administering the proposals by any entity; and 

"(B) $2,600,000, which shall be allocated 

for the activities of the Upper Great Lakes Fish 

and Wildlife Conservation Offices and the 

Lower Great Lakes Fish and Wildlife Conservation Office under section 1007.". 

19 SEC. 3605. GREAT LAKES RESTORATION INITIATIVE. 

20 Section 118(c)(7)(J) of the Federal Water Pollution 

21 Control Act (33 U.S.C. 1268(c)(7)(J)) is amended by 

22 striking clause (i) and inserting the follmving: 

23 "(i) IN GENERAL.-There are author24 

25 

ized to be appropriated to carry out this 

paragraph-
182 


35696.179

MAZ18416 

1 

2 

3 

4 

5 

6 

S.L.C. 

149 

"(I) $330,000,000 for fiscal year 

2019; 

"(II) $360,000,000 for fiscal 

year 2020; and 

"(ill) $390,000,000 for fiscal 

year 2021.". 

7 SEC. 3606. GREAT LAKES COASTAL RESILIENCY STUDY. 

8 The Secretary shall carry out the proposed Great 

9 Lakes coastal resiliency study under section 729 of the 

10 Water Resources Development Act of 1986 (33 U.S.C. 

11 2267a)-

12 

13 

14 

15 

(1) to conduct an assessment of water resources 

needs in the Great Lakes; and 

(2) to prioritize efforts to study issues in the 

Great Lakes, including lake level fluctuations, ero16 sion, flooding, nutrient runoff, aging infrastructure, 

17 and economic and recreational issues. 

18 SEC. 3607. SPECIAL RULE FOR BEACH NOURISHMENT. 

19 Section 156(e) of the Water Resources Development 

20 Act of 1976 (42 U.S.C. 1962d-5f(e)) is amended by strik21 ing "the date of enactment of the Water Resources Re22 form and Development Act of 2014" and inserting "the 

23 date of enactment of the America's Water Infrastructure 

24 Act of 2018". 
183 


35696.180

MAZ18416 S.L.C. 

150 

1 SEC. 3608. EXTENSION FOR CERTAIN COASTAL STORM DAM· 

2 AGE REDUCTION PROGRAMS. 

3 Section 156(e) of the Water Resources Development 

4 Act of 1976 (42 U.S.C. 1962d-5f(e)) is amended by in5 serting "or within the 5-year period beginning on the date 

6 of enactment of the America's Water Infrastructure Act 

7 of 2018" after ''Water Resources Reform and DevelopS mentAct of2014". 

9 SEC. 3609. SNAKE RIVER BASIN FLOOD PREVENTION AC· 

10 TION PLAN. 

11 (a) IN GENERAL.-As soon as practicable after the 

12 date of enactment of this Act, the Secretary, in consulta13 tion with the Commissioner of Reclamation, shall develop 

14 a flood prevention action plan for each State or portion 

15 of a State within the Snake River Basin. 

16 (b) REQillREl\IENTS.-A flood prevention action plan 

17 under subsection (a) shall18 (1) focus on the areas most likely to experience 

19 flooding within the next 2 years; 

20 (2) include steps to manage and reduce flood 

21 risks within the Snake River Basin; and 

22 (3) include a description of the actions the Sec23 retary and the Commissioner of R-eclamation plan to 

24 take to improve coordination with local stakeholders 

25 to help manage and reduce flood risks in the areas 

26 described in paragraph (1). 
184 


35696.181

MAZ18416 S.L.C. 

151 

1 (c) SUBl\IISSION.-Not later than 180 days after the 

2 date of enactment of this Act, after coordinating with local 

3 stakeholders, the Secretary shall submit to the Committee 

4 on Environment and Public Works of the Senate and the 

5 Committee on Transportation and Infrastructure of the 

6 House of Representatives the flood prevention plans devel7 oped under subsection (a). 

8 SEC. 3610. AUTHORIZATION OF APPROPRIATIONS FOR C0-

9 LUMBIA RIVER BASIN RESTORATION. 

10 Section 123(d) of the Federal Water Pollution Con11 trol Act (33 U.S.C. 1275(d)) is amended by adding at the 

12 end the following: 

13 "(6) AUTHORIZATION OF APPROPRIATIONS.-

14 There are authorized to be appropriated to carry out 

15 this subsection16 "(A) $5,000,000 for fiscal year 2019; and 

17 "(B) $30,000,000 for each of fiscal years 

18 2020 and 2021.". 

19 SEC. 3611. MIDDLE RIO GRANDE PEAK FLOW RESTORA20 TION. 

21 (a) TEMPORARY DEVIATION.-During the 5-year pe22 riod beginning on the date of enactment of this Act, the 

23 Secretary shall continue the temporary deviation in the op24 eration of Cochiti Lake and Jemez Canyon Dam, that was 
185 


35696.182

liiAZ18416 S.L.C. 

152 

1 initiated in 200.9 and terminated in 2013, to continue to 

2 evaluate the benefits of the deviation. 

3 (b) FEASIDILITY STUDY AND REPORT.-Not later 

4 than 1 year after the date of enactment of this Act, the 

5 Secretary and the Secretary of the Interior shall6 (1) conduct a feasibility study to address 

7 Cochiti Dam operation limitations on the timing, 

8 magnitude, and duration of flows that support feder9 ally listed species in the Middle Rio Grande, con10 sistent with subsection (c); and 

11 (2) submit to Congress a feasibility report on 

12 the reauthorization of the purposes of Cochiti Dam. 

13 (c) GOALS.-The deviation described in subsection 

14 (a) shall provide for the detention and release of native 

15 Rio Grande water and San Juan-Chama Project water 

16 with the goals of17 (1) improving river processes to restore species 

18 habitat on the Rio Grande, including a Spring peak 

19 flow to the Rio Grande; 

20 (2) increasing the spawning and recruitment of 

21 endangered Rio Grande silvery minnows; 

22 (3) creating overbanking flows that are nec23 essa~-

24 (A) to maintain a healthy bosque; and 
186 


35696.183

lllAZ18416 S.L.C. 

153 

1 (B) to support habitat for the South2 western willow flycatcher and other wildlife; 

3 ( 4) maintaining channel capacity; and 

4 (5) increasing water operational flexibility and 

5 efficiencies in meeting irrigation and municipal and 

6 industrial purposes, if the increased water oper7 ational flexibility and efficiencies enhance the goals 

8 described in paragraphs (1) and ( 4). 

9 {d) MONITORING.-The Secretary, m cooperation 

10 with the Secretary of the Interior and other Federal and 

11 non-Federal stakeholders shall12 (1) monitor the environmental effects, benefits, 

13 and results of the deviation mandated under this 

14 section; and 

15 (2) compile any data necessary to evaluate the 

16 need for further amendment to the authorizations 

17 and water control manuals for Cochiti Lake or 

18 Jemez Canyon Dam. 

19 (e) APPROVAL REQUIRED.-Before implementing the 

20 temporary deviation under this section, as required by the 

21 applicable water control manuals, the Secretary shall22 (1) first obtain approval from23 (A) Pueblo de Cochiti; 

24 (B) Pueblo of Santa Ana; and 
187 


35696.184

MAZ18416 S.L.C. 

154 

1 (C) the Rio Grande Compact Commission 

2 established by the compact approved by Con3 gress under the Act of May 31, 1939 (53 Stat. 

4 785, chapter 155); and 

5 (2) to the maximum extent practicable, consult 

6 with the existing Cochiti Lake Environmental Re7 sources Team, which includes other Federal agencies 

8 and landowners in the region. 

9 (f) REPORTS.-The Secretary shall prepare and sub1 0 mit to CongressIt (1) for each year in which the deviations are 

12 being carried out under this section, annual reports 

13 that describe the data compiled under subsection 

14 (d)(2); and 

15 (2) at the end of the period described in sub16 section (a), a final, cumulative report that summa17 rizes the data obtained during that period. 

18 SEC. 3612. NORTH ATLANTIC DMSION REPORT ON HURRI19 CANE BARRIERS AND HARBORS OF REFUGE 

20 IN NEW ENGLAND. 

21 Not later than 1 year after the date of enactment 

22 of this Act, the Secretary, in consultation with State and 

23 local experts in the North Atlantic Division of the Corps 

24 of Engineers, shall submit to Congress a report on the 

25 durability and resiliency of existing hurricane barriers and 
188 


35696.185

l\IAZI8416 S.L.C. 

155 

1 harbors of refuge, giving particular consideration as to 

2 how those structures will survive and fully serve their 

3 planned levels of protection under current, near, and 

4 longer term future predicted sea levels, storm surge, and 

5 stonn strength. 

6 SEC. 3613. STUDY ON INNOVATIVE PORTS FOR OFFSHORE 

7 WIND DEVELOPMENT. 

8 (a) DEFINITION OF INNOVATIVE PORT FOR OFF9 SHORE WIND DEVELOP:l\IENT.-ln this section, the term 

10 "innovative port for offshore wind development" includes 

11 any port that can accommodate, or be retrofitted to ac12 commodate13 (1) the upright assembly of the majority of an 

14 offshore wind facility, including the foundation, 

15 tower, turbine, blade, and electrical components; 

16 (2) an assembly area, ground bearing pressure, 

17 and overhead clearance for the assembly of offshore 

18 wind facility turbines, which each have a capacity of 

19 up to 20 megawatts; 

20 (3) heavy-lift quay and not less than 30 acres 

21 of port storage; 

22 ( 4) innovative offshore wind facility and vessel 

23 technologies that allow for the rapid installation of 

24 an offshore wind facility; and 
189 


35696.186

l\lAZ18416 S.L.C. 

156 

1 (5) any other innovative offshore wind facility 

2 technology, as determined by the Secretary. 

3 (b) STUDY Al;ID REPORT.-

4 (1) IN GENERAL.-Not later than 1 year after 

5 the date of enactment of this Act, the Secretary 

6 shall7 (A) in consultation with the Secretary of 

8 Energy and the Secretary of the Interior, carry 

9 out a study of ports in the Mid-Atlantic and 

10 New England regions of the United States to 

11 identify12 (i) not less than 3 suitable ports in 

·13 those regions that could become innovative 

14 ports for offshore wind development; 

15 (ii) barriers to the development of in16 novative ports for offshore wind develop17 ment; 

18 (iii) the Federal and State actions, in19 eluding dredging and construction of sup20 porting infrastructure, needed to facilitate 

21 the development of the ports identified 

22 under clause (i) to become innovative ports 

23 for offshore wind development; and 

24 (iv) recommendations on any further 

25 research needed to improve ports in the 
190 


35696.187

MAZ18416 S.L.C. 

157 

1 United States for offshore wind facility de2 velopment and deployment; and 

3 (B) submit to Congress a report describing 

4 the results of the study under subparagraph 

5 (A). 

6 (2) CONSULTATION.-ln carrying out the study 

7 under paragraph (1), the Secretary shall consult 

8 with, at a minimum9 (A) the Governor of each affected State; 

10 (B) units of local government; and 

11 (C) relevant experts in engineering, envi12 ronment, and industry considerations. 

13 Subtitle H-Environmental 

14 Management 

15 SEC. 3701. REAUTHORIZATION OF RIO GRANDE ENVIRON· 

16 MENTAL MANAGEMENT PROGRAM. 

17 Section 5056(f) of the Water Resources Development 

18 Act of 2007 (121 Stat. 1214; 128 Stat. 1315) is amended 

19 by striking "each of fiscal years 2008 through 2019" and 

20 inserting "each of fiscal years 2008 through 2021". 

21 SEC. 3702. AMENDMENTS TO LONG ISLAND SOUND PRO· 

22 GRAMS. 

23 (a) LONG ISLAND SOUND RESTORATION PRO· 

24 GRAl\I.-Section 119 of the Federal Water Pollution Con25 trol Act (33 U.S.C. 1269) is amended-
191 


35696.188

l\IAZ18416 S.L.C. 

158 

1 (1) in subsection (b), by striking the subsection 

2 designation and heading and all that follows through 

3 "The Office shall" and inserting the following: 

4 "(b) OFFICE.-

5 "(1) ESTABLISHMENT.-The Administrator 

6 shall7 "(A) continue to cany out the conference 

8 study; and 

9 "(B) establish an office, to be located on 

10 or near Long Island Sound. 

11 "(2) ADMINISTRATION AL'ID STAFFING.-The 

12 Office shall"; 

13 (2) in subsection (c)-

14 (A) in the matter preceding paragraph (1), 

15 by striking "Management Conference of the 

16 Long Island Sound Study'' and inserting "con17 ference study"; 

18 (B) in paragraph (2)-

19 (i) in each of subparagraphs (A) 

20 through (G), by striking the commas at 

21 the end of the subparagraphs and inserting 

22 semicolons; 

23 (ii) in subparagraph (H), by striking 

24 ", and" and inserting a semicolon; 
192 


35696.189

l\IAZ18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

S.L.C. 

159 

(iii) in subparagraph (I), by striking 

the period at the end and inserting a semicolon; and 

(iv) by adding at the end the following: 

"(J) environmental impacts on the Long 

Island Sound watershed, including-

"(i) the identification and assessment 

of vulnerabilities in the watershed; 

"(ii) the development and implementation of adaptation strategies to reduce 

those vulnerabilities; and 

"(iii) the identification and assessment of the impacts of sea level rise on 

water quality, habitat, and infrastructure; 

and 

"(K) planning initiatives for Long Island 

Sound that identify the areas that are most 

suitable for various types or classes of activities 

in order to reduce conflicts among uses, reduce 

adverse environmental impacts, facilitate compatible uses, or preserve critical ecosystem services to meet economic, environmental, security, 

or social objectives;"; 
193 


35696.190

MAZ18416 S.L.C. 

160 

1 (C) by striking paragraph (4) and insert2 ing the following: 

3 "(4) develop and implement strategies to in4 crease public education and awareness with respect 

5 to the ecological health and water quality conditions 

6 of Long Island Sound;"; 

7 (D) in paragraph (5), by inserting "study" 

8 after "conference"; 

9 (E) in paragraph (6)-

10 (i) by inserting "(including on the 

11 Internet)" after "the public"; and 

12 (ii) by inserting "study'' after "con13 ference"; and 

14 (F) by striking paragraph (7) and insert15 ing the following: 

16 "(7) monitor the progress made toward meeting 

17 the identified goals, actions, and schedules of the 

18 Comprehensive Consenration and Management Plan, 

19 including through the implementation and support 

20 of a monitoring system for the ecological health and 

21 water quality conditions of Long Island Sound; 

22 and"; 

23 (3) in subsection (d)(3), in the second sentence, 

24 by striking "50 per centum" and inserting "60 per25 cent"; 
194 


35696.191

111AZ18416 S.L.C. 

161 

1 ( 4) by redesignating subsection (f) as sub2 section (i); and 

3 (5) by Inserting after subsection (e) the fol4 lowing: 

5 "(f) REPORT.-

6 "(1) IN GENERAL.-Not later than 2 years 

7 after the date of enactment of the America's Water 

8 Infrastructure Act of 2018, and biennially there9 after, the Director of the Office, in consultation with 

10 the Governor of each Long Island Sound State, shall 

11 submit to Congress a report that12 "(A) summarizes and assesses the progress 

13 made by the Office and the Long Island Sound 

14 States in implementing the Long Island Sound 

15 Comprehensive Conservation and Management 

16 Plan, including an assessment of the progress 

17 made toward meeting the performance goals 

18 and milestones contained in the Plan; 

19 "(B) assesses the key ecological attributes 

20 that reflect the health of the ecosystem of the 

21 Long Island Sound watershed; 

22 "(C) describes any substantive modifica23 tions to the Long Island Sound Comprehensive 

24 Conservation and Management Plan made dur-
195 


35696.192

l\1AZ18416 S.L.C. 

162 

1 ing the 2-year period preceding the date of sub2 mission of the report; 

3 "(D) provides specific recommendations to 

4 improve progress in restoring and protecting 

5 the Long Island Sound watershed, including, as 

6 appropriate, proposed modifications to the Long 

7 Island Sound Comprehensive Conservation and 

8 Management Plan; 

9 "(E) identifies priority actions for imple10 mentation of the Long Island Sound Com11 prehensive Conservation and Management Plan 

12 for the 2-year period following the date of sub13 mission of the report; and 

14 "(F) describes the means by which Federal 

15 funding and actions will be coordinated with the 

16 actions of the Long Island Sound States and 

17 other entities. 

18 "(2) PUBLIC AVAILABILITY.-The Adminis19 trator shall make the report described in paragraph 

20 (1) available to the public, including on the Internet. 

21 "(g) ANNuAL BUDGET PLAN.-The President shall 

22 submit, together with the annual budget of the United 

23 States Government submitted under section 1105(a) of 

24 title 31, United States Code, information regarding each 

25 Federal department and agency involved in the protection 
196 


35696.193

MAZ18416 S.L.C. 

163 

1 and restoration of the Long Island Sound watershed, in2 cluding3 

4 

5 

"(I) an interagency crosscut budget that displays for each department and agency-

"(A) the amount obligated during the pre6 ceding fiscal year for protection and restoration 

7 projects and studies relating to the watershed; 

8 "(B) the estimated budget for the current 

9 fiscal year for protection and restoration 

10 projects and studies relating to the watershed; 

11 and 

12 "(C) the proposed budget for succeeding 

13 fiscal years for protection and restoration 

14 projects and studies relating to the watershed; 

15 and 

16 "(2) a summary of any proposed modifications 

17 to the Long Island Sound Comprehensive Conserva18 tion and Management Plan for the following fiscal 

19 year. 

20 "(h) FEDERAL ENTITIES.-

21 "(1) COORDINATION.-The Administrator shall 

22 coordinate the actions of all Federal departments 

23 and agencies that impact water quality in the Long 

24 Island Sound watershed in order to improve the 

25 water quality and living resources of the watershed. 
197 


35696.194

l\IAZ18416 S.L.C. 

164 

1 "(2) 1\IETHODS.-In carrying out this section, 

2 the Administrator, acting through the Director of 

3 the Office, may4 "(A) enter into interagency agreements; 

5 and 

6 "(B) make intergovernmental personnel 

7 appointments. 

8 "(3) FEDERAL PARTICIPATION IN WATERSHED 

9 PLANNING.-A Federal department or agency that 

10 owns or occupies real property, or carries out activi11 ties, within the Long Island Sound watershed shall 

12 participate in regional and subwatershed planning, 

13 protection, and restoration activities with respect to 

14 the watershed. 

15 "( 4) CONSISTENCY WITH COl\IPREHENSIVE CON16 SERVATION AND 1\IANAGEl\illNT PLAN.-To the max17 imum extent practicable, the head of each Federal 

18 department and agency that owns or occupies real 

19 property, or carries out activities, within the Long 

20 Island Sound watershed shall ensure that the prop21 erty and all activities carried out by the department 

22 or agency are consistent with the Long Island Sound 

23 Comprehensive Conservation and Management Plan 

24 (including any related subsequent agreements and 

25 plans).". 
198 


35696.195

l\IAZ18416 S.L.C. 

165 

1 (b) LONG ISLAND SOUND STEWARDSHIP PR0-

2 GRAl\1.-

3 (1) LONG ISLAND SOU.r-."D STEWARDSHIP ADVI4 SORY COl\11\IITTEE.-Section 8 of the Long Island 

5 Sound Stewardship Act of 2006 (33 U.S.C. 1269 

6 note; Public Law 109-359) is amended7 (A) in subsection (g), by striking "2011" 

8 and inserting "2021"; and 

9 (B) by adding at the end the following: 

10 "(h) NONAPPLICABILITY OF FACA.-The Federal 

11 Advisory Committee Act (5 U.S.C. App.) shall not apply 

12 to13 "(1) the Advisory Committee; or 

14 "(2) any board, committee, or other group es15 tablished under this Act.". 

16 (2) REPORTS.-Section 9(b)(1) of the Long Is17 land Sound Stewardship Act of 2006 (33 U.S.C. 

18 1269 note; Public Law 109-359) is amended in the 

19 matter preceding subparagraph (A) by striking "fis20 cal years 2007 through 2011" and inserting "fiscal 

21 years 2019 through 2021". 

22 (3) AUTHORIZATION.-Section 11 of the Long 

23 Island Sound Stewardship Act of 2006 (33 U.S.C. 

24 1269 note; Public Law 109-359) is amended25 (A) by striking subsection (a); 
199 


35696.196

JIIAZ18416 S.L.C. 

166 

1 (B) by redesignating subsections (b) 

2 through (d) as subsections (a) through (c), re3 spectively; and 

4 (C) in subsection (a) (as so redesignated), 

5 by striking "under this section each" and in6 serting "to carry out this Act for a". 

7 (4) EFFECTIVE DATE.-The amendments made 

8 by this subsection take effect on October 1, 2018. 

9 (c) REAUTHORIZATION OF LONG ISLAND SOUND 

10 PROGRAl\IS.-

11 (1) IN GENERAL.-There are authorized to be 

12 appropriated to the Administrator of the Environ13 mental Protection Agency such sums as are nec14 essary for each of fiscal years 2019 through 2021 

15 for the implementation of16 (A) section 119 of the Federal Water Pol17 lution Control Act (33 U.S.C. 1269), other than 

18 subsection (d) of that section; and 

19 (B) the Long Island Sound Stewardship 

20 Act of 2006 (33 U.S.C. 1269 note; Public Law 

21 109-359). 

22 (2) LONG ISLAJI..'D SOUND GRANTS.-There is 

23 authorized to be appropriated to the Administrator 

24 of the Environmental Protection Agency to carry out 

25 section 119(d) of the Federal Water Pollution Con-
200 


35696.197

lllAZ18416 S.L.C. 

167 

1 trol Act (33 U.S.C. 1269(d)) $40,000,000 for each 

2 of fiscal years 2019 through 2021. 

3 (3) LONG ISLAND SOU!\'D STEWARDSIDP 

4 GRANTS.-There is authorized to be appropriated to 

5 the Administrator of the Environmental Protection 

6 Agency to carry out the Long Island Sound Stew7 ardship Act of 2006 (33 U.S.C. 1269 note; Public 

8 Law 109-359) $25,000,000 for each of fiscal years 

9 2019 through 2021. 

10 SEC. 3703. SENSE OF CONGRESS RELATING TO THE CANO 

11 MARTIN PENA ECOSYSTEM RESTORATION 

12 PROJECT. 

13 It is the sense of Congress that the Secretary should 

14 advance the project for ecosystem restoration, Cafio 

15 Martin Pefia, Puerto Rico. 

16 Subtitle 1-Tribal Programs 

17 SEC. 3801. INFLATION ADJUSTMENT OF COST-SHARING 

18 PROVISIONS FOR TERRITORIES AND INDIAN 

19 TRIBES. 

20 Section 1156(b) of the Water Resources Development 

21 Act of 1986 (33 U.S.C. 2310(b)) is amended by striking 

22 "the date of enactment of this subsection" and inserting 

23 "the date of enactment of the America's Water Infrastruc24 ture Act of 2018". 
201 


35696.198

l\lAZI8416 S.L.C. 

168 

1 SEC. 3802. TRIBAL PARTNERSHIP PROGRAM. 

2 Section 203(b)(4) of the \Vater Resources Develop3 ment Act of 2000 (33 U.S.C. 2269(b)(4)) is amended by 

4 striking "$10,000,000" in each of subparagraphs (A) and 

5 (B) and inserting "$15,000,000". 

6 SEC. 3803. BLACKFEET WATER RIGHTS SETTLEMENT. 

7 (a) AUTHORIZATION FOR APPROPRIATIONS.-Section 

8 3718 of the Water Infrastructure Improvements for the 

9 Nation Act (130 Stat. 1838) is amended by adding at the 

10 end the following: 

11 "(c) BLACKFEET WATER RIGHTS SETTLEMENT.-

12 Notwithstanding sections 3716(e) and 3717(e), to the ex13 tent funds have been appropriated, 50 percent of the 

14 amounts appropriated to the Blackfeet Settlement Trust 

15 Fund and 50 percent of the amounts appropriated to the 

16 Blackfeet Water Settlement Implementation Fund under 

17 this section shall be available to the Tribe and the Sec18 retary in a manner consistent with this title on the execu19 tion of the waivers and releases under section 3720(a).". 

20 (b) WAIVER AND RELEASE OF CLAIMS.-Section 

21 3720 of the Water Infrastructure Improvements for the 

22 Nation Act (130 Stat. 1839) is amended23 (1) in subsection (a)(3)(B), by striking "section 

24 3706" and inserting "section 6"; and 
202 


35696.199

l\IAZ18416 S.L.C. 

169 

1 (2) in subsection (h), in the matter preceding 

2 paragraph (1), by striking "January 21, 2026" and 

3 inserting "January 21, 2025". 

4 SEC. 3804. BONNEVILLE DAM, OREGON. 

5 (a) IN GENERAL.-The Secretary, m consultation 

6 with the Secretary of the Interior, shall examine and as7 sess the extent to which Indians (as defined in section 4 

8 of the Indian Self-Determination and Education Assist9 ance Act (25 U.S.C. 5304)) have been displaced as a re10 suit of the construction of the Bonneville Dam, Oregon. 

11 (b) INCLUSION.-The examination and assessment 

12 under subsection (a) may include assessments relating to 

13 housing and related facilities. 

14 (c) AssiSTANCE.-If the Secretary determines, based 

15 on the examination and assessment under subsection (a), 

16 that assistance is required, the Secretary may use all exist17 ing authorities of the Secretary to provide assistance to 

18 Indians that have been displaced as a result of the con19 struction of the Bonneville Dam, Oregon. 

20 (d) TRIDAL AsSISTANCE.-Section 1178(c)(1)(A) of 

21 the Water Infrastructure Improvements for the Nation 

22 Act (130 Stat. 1675) is amended by striking "Upon the 

23 request of the Secretary of the Interior, the Secretary may 

24 provide assistance" and inserting "The Secretary, in con-
203 


35696.200

l\IAZ18416 S.L.C. 

170 

1 sultation with the Secretary of t~e Interior, may provide 

2 assistance". 

3 SEC. 3805. JOHN DAY DAM', OREGON. 

4 (a) IN GENERAL.-The Secretary, in consultation 

5 with the Secretary of the Interior, shall examine and as6 sess the extent to which Indians (as defined in section 4 . 7 of the Indian Self-Determination and Education Assist8 ance Act (25 U.S.C. 5304}) have been displaced as a re9 suit of the construction of the John Day Dam, Oregon, 

10 as authorized by section 204 of the Flood Control Act of 

11 1950 (64 Stat. 179, chapter 188). 

12 (b) INCLUSION.-The examination and assessment 

13 under subsection (a) may include assessments relating to 

14 housing and related facilities. 

15 (c) AsSISTANCE.-If the Secretary determines, based 

16 on the examination and assessment under subsection (a), 

17 that assistance is required, the Secretary may use all existIS ing authorities of the Secretary to provide assistance to 

19 Indians that have been displaced as a result of the con20 struction of the Jolm Day Dam, Oregon. 

21 SEC. 3806. DALLES DAM', OREGON. 

22 (a) IN GENERAL.-The Secretary, in consultation 

23 with the Secretary of the Interior, shall complete and 

24 carry out a village development plan for any Indian village 

25 (as defined in section 4 of the Indian Self-Determination 
204 


35696.201

l\IAZ18416 S.L.C. 

171 

1 and Education Assistance Act (25 U.S.C. 5304)) sub2 merged as a result of the construction of the Dalles Dam, 

3 Oregon, as authorized by section 204 of the Flood Control 

4 Act of 1950 (64 Stat. 179, chapter 188). 

5 (b) AssiSTANCE.-The Secretary may acquire land 

6 from willing land owners in carrying out the village devel7 opment plan. 

8 (c) REQUIREMENTS.-The village development plan 

9 under subsection (a) shall include an estimated cost and 

10 tentative schedule for the construction of a replacement 

11 village. 

12 SEC. 3807. INDIAN IRRIGATION FUND REAUTHORIZATION. 

13 (a) DEPOSITS TO FUNDS.-Section 3212(a) of the 

14 Water Infrastructure Improvements for the Nation Act 

15 (130 Stat. 1750) is amended by striking "each of fiscal 

16 years 2017 through 2021" and inserting "each of fiscal 

17 years 2017 through 2028". 

18 (b) EXPENDITURES FROM FUND.-Section 3213(a) 

19 of the Water Infrastructure Improvements for the Nation 

20 Act (130 Stat. 1750) is amended in the matter preceding 

21 paragraph (1) by striking "each of fiscal years 2017 

22 through 2021" and inserting "each of fiscal years 2017 

23 through 2028". 

24 (c) TERliiiNATION.-Section 3216 of the Water Infra25 structure Improvements for the Nation Act (130 Stat. 
205 


35696.202

MAZ18416 S.L.C. 

172 

1 1750) is amended in the matter preceding paragraph (1) 

2 by striking "September 30, 2021" and inserting "Sep3 tember 30, 2028". 

4 SEC. 3808. REAUTHORIZATION OF REPAIR, REPLACEMENT, 

5 AND MAINTENANCE OF CERTAIN INDIAN m6 RIGATION PROJECTS. 

7 (a) IN GENERAL.-Section 3221(b) of the Water InS frastructure Improvements for the Nation Act (130 Stat. 

9 1751) is amended in the matter preceding paragraph (1) 

10 by striking "each of fiscal years 2017 through 2021" and 

11 inserting "each of fiscal years 2017 through 2028". 

12 (b) STATUS REPORT ON CERTAIN PROJECTS.-Sec13 tion 3224(d) of the Water Infrastructure Improvements 

14 for the Nation Act (130 Stat. 1753) is amended in the 

15 matter preceding paragraph (1) by striking "fiscal year 

16 2021" and inserting "fiscal year 2028". 

17 (c) ALLOCATION AMONG PROJECTS.-Section 3226 

18 of the Water Infrastructure Improvements for the Nation 

19 Act (130 Stat. 1753) is amended20 (1) in subsection (a), by striking "each of fiscal 

21 years 2017 through 2021" and inserting "each of 

22 fiscal years 2017 through 2028"; and 

23 (2) in subsection (b), by striking "the day be24 fore the date of enactment of this Act" and inserting 
206 


35696.203

l\IAZ18416 S.L.C. 

173 

I "the day before the date of enactment of the Amer2 ica's Water Infrastructure Act of 2018". 

3 SEC. 3809. INDIAN DAM SAFETY REAUTHORIZATION. 

4 Section 3101 of the \Vater Infrastructure Improve5 ments for the Nation Act (25 U.S.C. 3805) is amended6 (1) by striking "each of fiscal years 2017 

7 through 2023" each place it appears and inserting 

8 "each of fiscal years 2017 through 2030"; 

9 (2) in subsection (b)-

10 (A) in paragraph (1)(F), in the matter 

11 preceding clause (i), by striking "September 30, 

12 2023" and inserting "September 30, 2030"; 

13 and 

14 (B) m paragraph (2)(F), in the matter 

15 preceding clause (i), by striking "September 30, 

16 2023" and inserting "September 30, 2030"; 

17 and 

18 (3) in subsection (f)-

19 (A) in paragraph (2), by striking "4 

20 years" and inserting "11 years"; and 

21 (B) in paragraph (3), by striking "each of 

22 fiscal years 2017, 2018, and 2019" and insert23 ing "each of fiscal years 2017 through 2026". 
207 


35696.204

l\IAZ18416 S.L.C. 

174 

1 SEC. 3810. GAO REPORT ON ALASKA NATIVE VILLAGE RE· 

2 LOCATION EFFORTS DUE TO FLOODING AND 

3 EROSION THREATS. 

4 (a) DEFINITION OF ALASKA NATIVE VILLAGE.-ln 

5 this section, the term "Alaska Native village" means aNa6 tive village that has a Village Corporation (as those terms· 

7 are defined in section 3 of the Alaska Native Claims Set8 tlementAct (43 U.S.C.1602)). 

9 (b) REPORT.-The Comptroller General of the 

10 United States (referred to in this section as the "Comp11 troller General") shall submit to Congress a report on ef12 forts to relocate Alaska Native villages due to flooding and 

13 erosion threats that updates the report of the Comptroller 

14 General entitled "Alaska Native Villages: Limited 

15 Progress Has Been Made on Relocating Villages Threat16 ened by Flooding and Erosion", dated June 2009. 

17 (c) !NCLUSIONS.-The report under subsection (b) 

18 shall include19 (1) a summary of flooding and erosion threats 

20 to Alaska Native villages throughout the State of 

21 Alaska, based on information from22 (A) the Corps of Engineers; 

23 (B) the Denali Commission; and 

24 (C) any other relevant sources of informa25 tion as the Comptroller General determines to 

26 be appropriate; 
208 


35696.205

l\L\Z18416 S.L.C. 

175 

1 (2) the status of efforts to relocate Alaska Na2 tive villages due to flooding and erosion threats; and 

3 (3) any other issues relating to flooding and 

4 erosion threats to, or relocation of, .Alaska Native 

5 

6 

villages, as the Comptroller General determines to be 

appropriate. 

7 TITLE IV-SENSE OF CONGRESS 

8 

9 

RELATING TO . CERTAIN 

PROJECTS 

10 SEC. 4001. SENSE OF CONGRESS RELATING TO CERTAIN 

11 PROJECTS. 

12 (a) IN GENERAL.-It is the sense of Congress that13 (1) the projects described in subsection (b) are 

14 valuable; and 

15 (2) the Corps of Engineers should e>..'Jleditiously 

16 complete the post-authorization change report or re17 port of the Chief of Engineers, as applicable, for 

18 each of those projects by the end of 2018. 

19 (b) PROJECTS DESCRIDED.-The projects referred to 

20 in subsection (a) are each of the following: 

21 (1) PROJECTS FOR WHICH A REPORT OF THE 

22 CHIEF OF ENGINEERS IS EXPECTED.-

23 (A) The project for flood risk management, 

24 Lower San Joaquin River, California. 
209 


35696.206

l\L\Z18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

S.L.C. 

176 

(B) The project for coastal storm risk 

management, Pawcatuck River, Rhode Island, 

authorized in the matter under the heading 

"INVESTIGATIONS" under the heading "CORPS 

OF ENGINEERs-CIVIL" under the heading 

"DEPARTI\cffiNT OF THE ARMY" in title X 

of division A of the Disaster Relief Appropriations Act, 2013 (Public Law 113-2; 127 Stat. 

23). 

(C) The project for coastal storm risk 

management, Hashamomuck Cove, New York, 

authorized in the matter under the heading 

"INVESTIGATIONS" under the heading "CORPS 

OF ENGINEERs-CIVIL" under the heading 

"DEPARTMENT OF THE ARMY" in title X 

of division A of the Disaster Relief Appropriations Act, 2013 (Public Law 113-2; 127 Stat. 

23). 

(D) The project for coastal storm risk 

management and utilization of dredged material, Delaware River, Delaware, New Jersey, 

and Pennsylvania, authorized in the matter 

under the heading "n,rvESTIGATIONS" under 

the heading "CORPS OF ENGINEERs--CIVIL" 

under the heading "DEPARTMENT OF THE 
210 


35696.207

MAZ18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

S.L.C. 

177 

ARMY" in title X of division A of the Disaster 

Relief .Appropriations .Act, 2013 (Public Law 

113-2; 127 Stat. 23). 

(E) The project for navigation, Seattle 

Harbor, Washington, carried out under section 

216 of the Flood Control .Act of 1970 (33 

U.S.C. 549a). 

(F) The project for navigation, Three Rivers, .Arkansas, carried out under section 216 of 

the Flood Control .Act of 1970 (33 U.S.C. 

549a). 

(G) The project for navigation, San Juan 

Harbor, Puerto Rico, described in the study authorized by the resolution adopted by the Committee on Transportation and Infrastructure of 

the House of Representatives on September 20, 

2006. 

(H) The project for flood risk management 

and ecosystem restoration, Espailola Valley, Rio 

Grande and tributaries, New Mexico, described 

in the study authorized by the resolution adopted by the Committee on Environment and Public Works of the Senate on December 10, 2009. 

(I) The project for ecosystem restoration, 

Resacas at Brownsville, Texas, carried out 
211 


35696.208

l\IAZ18416 S.L.C. 

178 

1 under section 206 of the Water Resources De2 velopment Act of 1996 (33 U.S.C. 2330). 

3 (J) The project for flood control, naviga4 tion, and ecosystem restoration, Anacostia 'Va5 tershed, Prince George's County, Maryland, de6 scribed in the study authorized by the resolu7 tion adopted by the Committee on Public 'Vorks 

8 and Transportation of the House of Represent9 atives on September 8, 1988. 

10 (K) The project for flood control, Willam11 ette River Basin, Oregon, described in the Wil12 lamette River Basin Review Study authorized 

13 by the resolution adopted by the Committee on 

14 · Public Works and Transportation of the House 

15 of Representatives on September 8, 1988. 

16 (L) The project for flood risk management 

17 and coastal storm risk management, Norfolk, 

18 Virginia, authorized in the matter under the 

19 heading "INVESTIGATIONS" under the heading 

20 "CORPS OF ENGINEERs--CIVIL" under the 

21 heading "DEP ART~IENT OF THE ARMY" 

22 in title X of division A of the Disaster Relief 

23 Appropriations Act, 2013 (Public Law 113-2; 

24 127 Stat. 23). 
212 


35696.209

!IIAZ18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

S.L.C. 

179 

(M) The project for flood risk management, Armourdale and Central Industrial District Levee Units, Missouri River and Tributaries at Kansas City, Kansas, authorized by 

section 1401(2) of the Water Infrastructure 

Improvements for the Nation Act (130 Stat. 

1711) (as modified by section 3504). 

(N) The project for navigation and hurricane and storm damage reduction, Houma, 

Louisiana, authorized by section 1001(24)(B) 

of the Water Resources Development Act of 

2007 (121 Stat. 105?). 

(0) The project for flood risk management, Souris River Basin, Minot, North Dakota, authorized by section 209 of the Flood 

Control Act of 1966 (80 Stat. 1423). 

(P) The project for ecosystem restoration, 

Delta Islands and Levees, California, described 

in the study authorized by-

(i) the resolution adopted by the Committee on Public Works of the Senate on 

June 1, 1948; 

(ii) the resolution adopted by the 

Committee on Public Works of the House 

of Representatives on May 8, 1948; and 
213 


35696.210

lllAZI8416 S.L.C. 

180 

1 (iii) House Report 108-357, accom2 panying the Energy and Water Develop3 ment Appropriations Act, 2004 (Public 

4 Law 108-137; 117 Stat. 1827). 

5 (Q) The project for navigation, Norfolk 

6 Harbor and Channels, Virginia, authorized by 

7 section 201(a) of the Water Resources DevelopS ment Act of 1986 {100 Stat. 4090). 

9 (2) PROJECTS FOR WillCH A POST-AUTHORIZA10 TION CHANGE REPORT IS EXPECTED.-

11 (A) The project for navigation, Chicka12 mauga Lock, Tennessee, authorized by section 

13 114 of the Energy and Water Development Ap14 propriations Act, 2003 (Public Law 108-7; 117 

15 Stat. 140). 

16 (B) The project for ecosystem restoration, 

17 South Florida, Florida, authorized by section 

18 601 of the Water Resources Development Act 

19 of 2000 (114 Stat. 2680). 

20 (C) The project for navigation, Freeport 

21 Harbor, Texas, carried out under section 216 of 

22 the Flood Control Act of 1970 (33 U.S.C. 

23 549a). 

24 (D) The project for Soo Locks, Sault 

25 Sainte Marie, Michigan, authorized by section 
214 


35696.211

MAZ18416 S.L.C. 

181 

1 1149 of the Water Resources Development Act 

2 of 1986 (100 Stat. 4254; 121 Stat. 1131). 

3 (E) The project for ecosystem restoration, 

4 Central Everglades, Florida, authorized by sec5 tion 1401(4) of the Water Infrastructure Im6 provements for the Nation Act (130 Stat. 

7 1713). 

8 (F) The project for water supply and eco9 system restoration, Howard A. Hanson Dam, 

10 Washington, authorized by section 204 of the 

11 Flood Control Act of 1950 (64 Stat. 180) and 

12 modified by section 101(b)(15) of the Water 

13 Resources Development Act of 1999 (113 Stat. 

14 281). 

15 (G) The project for flood risk manage16 ment, Green Brook Sub-Basin, Raritan River . 17 Basin, New Jersey, authorized by section 

18 401(a) of the Water Resources Development 

19 Act of 1986 (100 Stat. 4119). 

20 (H) The project for shore protection and 

21 harbor mitigation, Fort Pierce Beach, Florida, 

22 authorized by section 301 of the River and 

23 Harbor Act of 1965 (79 Stat. 1092), section 

24 102 of the River and Harbor Act of 1968 (82 

25 Stat. 732), and section 506(a)(2) of the Water 
215 


35696.212

MAZ18416 S.L.C. 

182 

1 Resources Development Act of 1996 (110 Stat. 

2 3757), and modified by section 313 of the 

3 Water Resources Development Act of 1999 

4 (113 Stat. 301). 

5 (I) The project for flood control, Mcl\ficken 

6 Dam, Arizona, authorized by section 304 of the 

7 Act of August 7, 1953 (67 Stat. 450, .chapter 

8 342). 

9 ( J) The project for flood protection, Cave 

10 Buttes Dam, Arizona, authorized by section 

11 204 of the Flood Control Act of 1965 (79 Stat. 

12 1083). 

13 (K) The project for navigation, Mississippi 

14 River to Shreveport, Louisiana, Red River Wa15 te:rway, authorized by section 101 of the River 

16 and Harbor Act of 1968 (82 Stat. 731). 

11 TITLE V-EPA-RELATED 

18 PROVISIONS 

19 SEC. 5001. STORMWATER INFRASTRUCTURE FUNDING TASK 

20 FORCE. 

21 (a) IN GENERAL.-Not later than 180 days after the 

22 date of enactment of this Act, the Administrator of the 

23 Environmental Protection Agency (referred to in this sec24 tion as the "Administrator") shall establish a voluntary 

25 sto:rmwater infrastructure funding task force comprised of 
216 


35696.213

MAZ18416 S.L.C. 

183 

1 representatives of public, private, and Federal entities to 

2 study and develop recommendations to improve the fund3 ing and financing of stormwater infrastructure to ensure 

4 that5 

6 

7 

8 

(1) municipalities are able to identify appropriate funding sources; and 

(2) funding is-

(A) available in all States; 

9 (B) affordable (based on the integrated 

10 planning guidelines described in the Integrated 

11 Municipal Stormwater and Wastewater Plan12 ning Approach Framework, issued by the Envi13 ronmental Protection Agency and dated June 5, 

14 2012); and 

15 (C) sufficient to support capital expendi· 

16 tures and long-term operation and maintenance 

17 costs. 

18 (b) REPORT.-Not later than 18 months after the 

19 date of enactment of this Act, the Administrator shall sub20 mit to Congress a report that describes the results of the 

21 study under subsection (a). 
217 


35696.214

lllAZ18416 S.L.C. 

. 184 

1 SEC. 5002. REAUTHORIZATION OF THE WATER INFRA2 STRUCTURE FINANCE AND INNOVATION ACT. 

3 Section 5033 of the Water Infrastructure Finance 

4 and Innovation Act of 2014 (33 U.S.C. 3912) is amendS ed6 (1) in subsection (a)(5), by striking "for fiscal 

7 year 2019" and inserting "for each of fiscal years 

8 2019 through 2021"; and 

9 (2) in subsection (b), by striking "for each of 

10 fiscal years 2015 through 2019" and inserting "for 

11 each of fiscal years 2015 through 2021". 

12 SEC. 5003. INDIAN RESERVATION DRINKING WATER AND 

13 WASTEWATER Pll..OT PROGRAM. 

14 (a) IN GENERAL.-Subject to the availability of ap15 propriations, the Administrator of the Environmental Pro16 tection Agency shall carry out a pilot program to imple17 ment18 (1) 10 eligible projects described in subsection 

19 (b) that are within the Upper Missouri River Basin; 

20 and 

21 (2) 10 eligible projects described in subsection 

22 (b) that are within the Upper Rio Grande Basin. 

23 (b) ELIGIDLE PROJECTS.-A project eligible to par24 ticipate in the pilot program under subsection (a) is a 

25 project-
218 


35696.215

IIIAZ18416 S.L.C. 

185 

1 (1) that is on a reservation (as defined in sec2 tion 3 of the Indian Financing Act of 1974 (25 

3 U.S.C. 1452)) that serves a federally recognized In4 dian Tribe; and 

5 (2) the purpose of which is6 (A) to connect, expand, or repair existing 

7 drinking water lines or water towers in order to 

8 improve water quality, pressure, or services; or 

9 (B) to replace or refurbish wastewater la1 0 goons that are insufficient for current or near11 term community needs or economic growth. 

12 (c) REQUIRE~IENT.-In carrying out the pilot pro13 gram under subsection (a)(1), the Administrator of the 

14 Environmental Protection Agency shall select not less 

15 than 1 eligible project for a reservation that serves more 

16 than 1 federally recognized Indian Tribe. 

17 SEC. 5004. TECHNICAL ASSISTANCE FOR TREATMENT 

18 WORKS, 

19 (a) IN GENERAL.-Title II of the Federal Water Pol20 lution Control Act (33 U.S.C. 1281 et seq.) is amended 

21 by adding at the end the following: 

22 "SEC. 222. TECHNICAL ASSISTANCE FOR SMALL TREAT23 MENT WORKS. 

24 "(a) DEFI:l\TJTIONS.-ln this section: 
219 


35696.216

l\IAZ18416 S.L.C. 

186 

1 "(1) QUALIFIED NONPROFIT Sl\IALL TREAT2 l\IENT WORKS TECHNICAL ASSISTANCE PROVIDER.-

3 The term 'qualified nonprofit small treatment works 

4 technical assistance provider' means a nonprofit or5 ganization that, as determined by the Adminis6 trator7 "(A) is qualified and experienced in proS viding training and technical assistance to small 

9 treatment works; and 

10 "(B) the small treatment works in the 

11 State finds to be the most beneficial and effec12 tive. 

13 "(2) SMALL TREATl\IENT WORKS.-The term 

14 'small treatment works' means a publicly owned 

15 treatment works serving not more than 10,000 indi16 viduals. 

17 "(b) TECHNICAL AsSISTANCE.-The Administrator 

18 may use amounts made available to carry out this section 

19 to provide grants or cooperative agreements to qualified 

20 nonprofit small treatment works technical assistance pro21 viders to provide to owners and operators of small treat22 ment works onsite technical assistan~e, circuit rider tech23 nical assistance programs, multi-State, regional technical 

24 assistance programs, and onsite and regional training, to 

25 assist the small treatment works in achieving compliance 
220 


35696.217

liiAZ18416 S.L.C. 

187 

1 with this .Act or obtaining financing under this .Act for 

2 eligible projects. 

3 "(c) .AUTHORIZATION OF APPROPRIATIONS.-There 

4 are authorized to be appropriated to carry out this section 

5 for grants for small treatment works technical assistance, 

6 $15,000,000 for each of fiscal years 2019 through 2021. 

7 "SEC. 223. TECHNICAL ASSISTANCE FOR MEDIUM TREAT· 

8 MENT WORKS. 

9 "(a) DEFINITIONS.-ln this section: 

10 "(1) MEDIUl\I TREATl\IENT WORiffi.-The term 

11 'medium treatment works' means a publicly owned 

12 treatment works serving not fewer than 10,001, and 

13 not more than 75,000, individuals. 

14 "(2) QUALIFIED NONPROFIT l\IEDIUl\1 TREAT· 

15 1\IENT WORiffi TECHNICAL ASSISTANCE PROVIDER.-

16 The term 'qualified nonprofit medium treatment 

17 works technical assistance provider' means a quali18 fled nonprofit technical assistance provider of water 

19 and wastewater services to medium-sized commu20 nities that provides technical assistance (including 

21 circuit rider technical assistance programs, multi22 State, regional assistance programs, and training 

23 and preliminary engineering evaluations) to owners 

24 and operators of medium treatment works, which 

25 may include a State agency. 
221 


35696.218

MAZ18416 S.L.C. 

188 

1 "(b) TECHNICAL AsSISTA.I"{CE.-The Administrator 

2 may use amounts made available to carry out this section 

3 to provide grants or cooperative agreements to qualified 

4 nonprofit medium treatment works technical assistance 

5 providers to provide to owners and operators of medium 

6 treatment works onsite technical assistance, circuit-rider 

7 technical assistance programs, multi-State, regional tech8 nical assistance programs, and onsite and regional train9 ing to assist medium treatment works that are facing dif10 ficulty in achieving compliance with this Act or obtaining 

11 financing under this Act for eligible projects. 

12 "(c) AUTHORIZATION OF APPROPRIATIONS.-There 

13 is authorized to be appropriated to carry out this section 

14 $10,000,000 for each of fiscal years 2019 through 2021.". 

15 (b) WATER POLLUTION CONTROL REVOLVING LOAN 

16 FUNDS.-

17 (1) IN GENERAL.-Section 603 of the Federal 

18 \Vater Pollution Control Act (33 U.S.C. 1383) is 

19 amended20 (A) in subsection (d)-

21 (i) in the matter preceding paragraph 

22 (1), by inserting "and as provided in sub23 section (e)" after "State law"; 
222 


35696.219

lllAZ18416 S.L.C. 

189 

1 (ii) by redesignating subsections (e) 

2 through (i) as subsections (f) through (j), 

3 respectively; and 

4 (iii) by inserting after subsection (d) 

5 the following: 

6 "(e) ADDITIONAL USE OF FUNDS.-A State may use 

7 an additional 2 percent of the funds annually allotted to 

8 the State under this section for qualified nonprofit small 

9 treatment works technical assistance providers (as the 

10 term is defined in section 222) and qualified nonprofit me11 dium treatment works technical assistance providers (as 

12 the term in defined. in section 223) to provide technical 

13 assistance to small treatment works (as the term is de14 fined in section 222) and medium treatment works (as the 

15 term is defined in section 223) in the State.". 

16 (2) CO!\'FORJ\IING Al\lEND:\lENT .-Section 

17 221(d) of the Federal Water Pollution Control Act 

18 (33 U.S.C. 1301(d)) is amended by striking "section 

19 603(h)" and inserting "section 603(i)". 

20 SEC. 5005. CLEAN, SAFE, RELIABLE WATER INFRASTRUC· 

21 TURE. 

22 (a) DRINKING WATER lNFRASTRUCTURE.-

23 (1) OTHER AUTHORIZED ACTIVITIES.-Section 

24 1452(k) of the Safe Drinking Water Act (42 U.S.C. 

25 300j-12(k)) is amended-
223 


35696.220

l\L\Z18416 S.L.C. 

190 

1 (A) in paragraph (1)(D), by inserting "and 

2 the implementation of plans to protect source 

3 water identified in a source water assessment 

4 under section 1453" before the period at the 

5 end;and 

6 (B) in paragraph (2)(E), by inserting "and 

7 implement plans to protect source water identi8 fied in a source water assessment under section 

9 145 3" after "wellhead protection programs". 

10 (2) NEGOTIATION OF CONTRACTS.-Section 

11 1452 of the Safe Drinking Water Act ( 42 U.S.C. 

12 300j-12) is amended by adding at the end the fol13 lowing: 

14 "(s) NEGOTIATION OF CONTRACTS.-For commu15 nities with populations of more than 10,000 individuals, 

16 a contract to be carried out using funds directly made 

17 available by a capitalization grant under this section for 

18 program management, construction management, feasi19 bility studies, preliminary engineering, design, engineer20 ing, surveying, mapping, or architectural or related serv21 ices shall be negotiated in the same manner as22 "(1) a contract for architectural and engineer23 ing services is negotiated under chapter 11 of title 

24 40, United States Code; or 
224 


35696.221

:\!A% lil41 G S.L.C. 

191 

1 "(2) an equivalent State qualifications-based re2 quirement (as determirwd by the Governor of the 

3 State).". 

4 (3) WATERSE:-JSE PROGRA;\L-The Safe DrinkS ing Water Act (42 U.S.C. 300j et seq.) is amended 

6 by ad(ling after part Ji' the following: 

7 "PART G-ADDITIONAL PROVISIONS 

8 "SEC.1471. WATERSENSE PROGRAM. 

9 "(a) ESTABLISIL\lEXT OF \VATERSEXSE PR0-

10 GRAlV£.-

11 "(1) Ix GEXERAL.-There is established within 

12 the Agency a voluntary WaterSense program to 

13 identifY and promote water-efficient products, build14 ings, landscapes, facilities, processes, and services 

15 that, through voluntary labeling of, or other forms 

16 of communications regarding, products, buildings, 

17 landscapes, facilities, processes, and services while 

18 meeting strict perfonnaucc criteria, seusibly1 9 "(A) reduce water usc; 

20 "(B) reduce the strain on public and com21 munity water systems and wastewater and 

22 stormwater infrastructure; 

23 "(C) conserve energy used to pump, heat, 

24 transport, and treat water; and 
225 


35696.222

MAZ18416 S.L.C. 

192 

1 "(D) preserve water resources for future 

2 generations. 

3 "(2) lNCLUSIONS.-The Administrator shall, 

4 consistent with this section, identify water-efficient 

5 products, buildings, landscapes, facilities, processes, 

6 and services, including categories such as7 "(A) irrigation technologies and services; 

8 "(B) point-of-use water treatment devices; 

9 "(C) plumbing products; 

10 "(D) reuse and recycling technologies; 

11 "(E) landscaping and gardening products, 

12 including moisture control or water enhancing 

13 teclmologies; 

14 "(F) xeriscaping and other landscape con15 versions that reduce water use; 

16 "(G) whole house humidifiers; and 

17 "(H) water-efficient buildings or facilities. 

18 "(b) DUTIES.-The Administrator, coordinating as 

19 appropriate with the Secretary of Energy, shall20 "(1) establish21 

22 

23 

"(A) a WaterSense label to be used for 

items meeting the certification criteria established in accordance with this section; and 
226 


35696.223

JIIAZ18416 S.L.C. 

193 

1 "(B) the procedure, including the methods 

2 and means, and criteria by which an item may 

3 be certified to display the WaterSense label; 

4 "(2) enhance public awareness regarding the 

5 WaterSense label through outreach, education, and 

6 other means; 

7 "(3) preserve the integrity of the WaterSense 

8 label by9 "(A) establishing and maintaining feasible 

10 performance criteria so that products, build11 ings, landscapes, facilities, processes, and serv12 ices labeled with the WaterSense label perform 

13 as well or better than less water-efficient coun14 terparts; 

15 "(B) overseeing WaterSense certifications 

16 made by third parties, which shall be inde17 pendent third-party product certification bodies 

18 accredited by an accreditation entity domiciled 

19 in the United States, such as the American Na20 tional Standards Institute, as achieving21 "(i) the requirements described in the 

22 document of the International Organiza23 tion for Standardization and the Inter24 national Electroteclmical Commission enti25 tied 'ISO!IEC 17065 Conformity assess-
227 


35696.224

MAZ18416 S.L.C. 

194 

1 ment-Requirements for bodies certifying 

2 products, processes and services' and dated 

3 September 2012; and 

4 "(ii) the applicable WaterSense reS quirements; 

6 "(C) as determined appropriate by the Ad7 ministrator, using testing protocols, from the 

8 appropriate, applicable, and relevant consensus 

9 standards, for the purpose of determining 

10 standards compliance; and 

11 "(D) auditing the use of the WaterSense 

12 label in the marketplace and preventing cases of 

13 misuse; 

14 "(4) not more frequently than every 6 years 

15 after adoption or mojor revision of any WaterSense 

16 specification, review and, if appropriate, revise the 

17 specification to achieve additional water savings; 

18 "(5) in revising a 'VaterSense specification19 "(A) provide reasonable notice to inter20 ested parties and the public of any changes, in21 eluding effective dates, and an a-planation of 

22 the changes; 

23 "(B) solicit comments from interested par24 ties and the public prior to any changes; 
228 


35696.225

l\L\Zl8416 S.L.C. 

195 

1 "(C) as appropriate, respond to comments 

2 submitted by interested parties and the public; 

3 and 

4 "(D) provide an appropriate transition 

5 time prior to the applicable effective date of any 

6 changes, taking into account the timing nec7 essary for the manufacture, marketing, trainS ing, and distribution of the specific water-effi9 cient product, building, landscape, process, or 

10 service category being addressed; and 

11 "(6) not later than December 31, 2019, con12 sider for review and revision any WaterSense speci13 fication adopted before January 1, 2012. 

14 "(c) TRANSPARENCY.-The Administrator shall, to 

15 the maximum extent practicable and not less than annu16 ally, regularly estimate and make available to the public 

17 savings ofwater, energy, and capital costs of water, wasteIS water, and stormwater attributable to the use of 

19 WaterSense-labeled products, buildings, landscapes, facili20 ties, processes, and services. 

21 "(d) DISTINCTION OF AUTHORITIES.-ln setting or 

22 maintaining specifications for Energy Star pursuant to 

23 section 324A of the Energy Policy and Conservation Act 

24 (42 U.S.C. 6294a), and WaterSense under this section, 

25 the Secretary of Energy and the Administrator shall co-
229 


35696.226

111AZ18416 S.L.C. 

196 

1 ordinate to prevent duplicative or conflicting requirements 

2 among the respective programs. 

3 "(e) No WARRANTY.-A WaterSense label shall not 

4 create an express or implied warranty.". 

5 (b) SEWER OVERFLOW CONTROL GRANTS.-Section 

6 221 of the Federal Water Pollution Control Act (33 

7 U.S.C. 1301) is amended8 (1) in subsection (a), by striking the subsection 

9 designation and heading and all that follows through 

10 "subject to subsection (g), the Administrator may'' 

11 in paragraph (2) and inserting the following: 

12 "(a) AUTHORITY.-The Administrator may13 "(1) make grants to States for the purpose of 

14 providing grants to a municipality or municipal enti15 ty for planning, designing, and constructing16 "(A) treatment works to intercept, trans17 port, control, or treat municipal combined sewer 

18 overflows and sanitary sewer overflows; and 

19 "(B) measures to manage, reduce, treat, or 

20 recapture stormwater or subsurface drainage 

21 water; and 

22 "(2) subject to subsection (g),"; 

23 (2) in subsection (b)-

24 (A) in paragraph (1), by striking the semi25 colon at the end and inserting"; or"; 
230 


35696.227

1\IAZ18416 S.L.C. 

197 

1 (B) by striking paragraphs (2) and (3); 

2 and 

3 (C) by redesignating paragraph (4) as 

4 paragraph (2); 

5 (3) by striking subsections (e) through (g) and 

6 inserting the following: 

7 "(e) .ADMINISTRATIVE REQillREl\IENTS.-

8 "(1) IN GENERAL.-Subject to paragraph (2), a 

9 project that receives grant assistance under sub10 section (a) shall be carried out subject to the same 

11 requirements as a project that receives ·assistance 

12 from a State water pollution control revolving fund 

13 established pursuant to title VI. 

14 "(2) DETERMINATION OF GOVERNOR.-The re15 quirement described in paragraph (1) shall not apply 

16 to a project that receives grant assistance under 

17 subsection (a) to the extent that the Governor of the 

18 State in which the project is located determines that 

19 a requirement described in title VI is inconsistent 

20 with the purposes of this section. 

21 "(f) AUTHORIZATION OF APPROPRIATIONS.-There 

22 is authorized to be appropriated to carry out this section 

23 $225,000,000 for each of fiscal years 2019 and 2020, to 

24 remain available until e:A1Jended. 
231 


35696.228

l\IAZI8416 S.L.C. 

198 

1 "(g) ALLOCATION OF FUNDS.-For each of fiscal 

2 years 2019 and 2020, subject to subsection (h), the Ad3 ministrator shall use the amounts made available to carry 

4 out this section to provide grants to municipalities and 

5 municipal entities under subsection (a)(2)-

6 "(1) in accordance 'vith the priority criteria de7 scribed in subsection (b); and 

8 "(2) 'vith additional priority given to proposed 

9 projects that involve the use of10 "(A) nonstructural, lmv-impact develop11 ment; 

12 "(B) water conservation, efficiency, or 

13 reuse; or 

14 "(C) other decentralized stormwater or 

15 wastewater approaches to minimize flows into 

16 the sewer systems."; and 

17 ( 4) by striking subsection (i). 

18 SEC. 6006. WATER INFRASTRUCTURE FLEXIBILITY. 

19 (a) DEFINITION OF AnMINISTRATOR.-In this sec20 tion, the term "Administrator" means the Administrator 

21 of the Environmental Protection Agency. 

22 (b) INTEGRATED PLANS.-

23 (1) INTEGRATED PLANS.-Section 402 of the 

24 Federal Water Pollution Control Act (33 U.S.C. 
232 


35696.229

l\IAZ18416 S.L.C. 

199 

1 1342) is amended by adding at the end the fol2 lowing: 

3 "(s) INTEGRATED PLAN PERl\IITS.-

4 "(1) DEFINITIONS.-In this subsection: 

5 "(A) GREEN INFRASTRUCTURE.-The 

6 term 'green infrastructure' means the range of 

7 measures that use plant or soil systems, per8 meable pavement or other permeable surfaces 

9 or substrates, stormwater harvest and reuse, or 

10 landscaping to store, infiltrate, or 

11 evapotranspirate stormwater and reduce flows 

12 to sewer systems or to surface waters. 

13 "(B) INTEGRATED PLAl ...... -The term 'inte14 grated plan' has the meaning given in Part ill 

15 of the Integrated Municipal Stormwater and 

16 ·wastewater Planning Approach Framework, 

17 issued by the Environmental Protection Agency 

18 and dated June 5, 2012. 

19 "(C) MUNICIPAL DISCHARGE.-

20 "(i) IN GENERAL.-The term 'munic21 ipal discharge' means a discharge from a 

22 treatment works (as defined in section 

23 212) or a discharge from a municipal 

24 storm sewer under subsection (p). 
233 


35696.230

JIIAZ18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

S.L.C. 

200 

"(ii) INCLUSION.-The term 'municipal discharge' includes a discharge of 

wastewater or storm water collected from 

multiple municipalities if the discharge is 

covered by the same permit issued under 

this section. 

"(2) INTEGRATED PLAN.-

"(A) IN GENERAL.-The Administrator (or 

a State, in the case of a permit program approved under subsection (b)) shall inform a municipal permittee or multiple municipal permittees of the opportunity to develop an integrated 

plan. 

"(B) SCOPE OF PERMIT INCORPORATING 

INTEGRATED PLAN.-A 'permit issued under 

this subsection that incorporates an integrated 

plan may integrate all requirements under this 

Act addressed in the integrated plan, including 

requirements relating to-

"(i) a combined sewer overflow; 

"(ii) a capacity, management, operation, and maintenance program for sanitmy sewer collection systems; 

"(iii) a municipal stormwater discharge; 
234 


35696.231

l\lAZ18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

S.L.C. 

201 

· "(iv) a municipal wastewater discharge; and 

"(v) a water quality-based effluent 

limitation to implement an applicable 

wasteload allocation in a total maximum 

daily load. 

"(3) COMPLIANCE SCHEDULES.-

"(A_) IN GE!\~RAL.-A permit for a municipal discharge by a municipality that incorporates an integrated plan may include a schedule of compliance, under which actions taken to 

meet any applicable water quality-based effluent 

limitation may be implemented over more than 

1 permit term if the compliance schedules are 

authorized by State water quality standards. 

"(B) lNCLUSION.-Actions subject to a 

compliance schedule under subparagraph (A) 

may include green infrastructure if implemented as part of a water quality-based effluent 

limitation. 

"(C) REVIEW.-A schedule of compliance 

may be reviewed each time the permit is renewed. 

"(4) ExiSTING AUTHORITIES RETAINED.-
235 


35696.232

11AZ18416 S.L.C. 

202 

1 "(A) APPLICABLE STA..."'DARDS.-Nothing 

2 in this subsection modifies any obligation to 

3 comply with applicable technology and water 

4 quality-based effluent limitations under this 

5 Act. 

6 "(B) FLEXIBILITY.-Nothing in this sub7 section reduces or eliminates any flexibility 

8 available under this Act, including the authority 

9 of10 "(i) a State to revise a water quality 

11 standard after a use attainability analysis 

12 under section 131.10(g) of title 40, Code 

13 of Federal Regulations (or a successor reg14 ulation), subject to the approval of the Ad15 ministrator under section 303(c); and 

16 "(ii) the Administrator or a State to 

17 authorize a schedule of compliance that ex18 tends beyond the date of expiration of a 

19 permit term if the schedule of compliance 

20 meets the requirements of section 122.47 

21 of title 40, Code of Federal Regulations 

22 (as in effect on the date of enactment of 

23 this subsection). 

24 "(5) CLARIFICATION OF STATE AUTHORITY.-
236 


35696.233

JIIAZ18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

S.L.C. 

203 

"(A) IN GENERAL.-Nothing in section 

30l(b)(l)(C) precludes a State from authorizing in the water quality standards of the 

State the issuance of a schedule of compliance 

to meet water quality-based effluent limitations 

in permits that incorporate provisions of an integrated plan. 

"(B) TRANSITION RULE.-ln any case m 

which a discharge is subject to a judicial order 

or consent decree as of the date of enactment 

of the America's Water Infrastructure Act of 

2018 resolving an enforcement action under 

this Act, any schedule of compliance issued pursuant to an authorization in a State water quality standard shall not revise a schedule of compliance in that order or decree unless the order 

or decree is modified by agreement of the parties and the court.". 

(2) l\:IUNICIPAL mmUDSMAN.-

(A) ESTABLISHl\IENT.-There is established within the Office of the Administrator an 

Office of the Municipal Ombudsman. 

(B) GENERAL DUTIES.-The duties of the 

municipal ombudsman shall include the provision of-
237 


35696.234

l\1AZ18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

S.L.C. 

204 

(i) technical assistance to municipalities seeking to comply with the Federal 

·water Pollution Control Act (33 U.S.C. 

1251 et seq.) and the Safe Drinking Water 

Act (42 U.S.C. 300f et seq.); and 

(ii) information to the Administrator 

to help the Administrator ensure that 

agency policies are implemented by all offices of the Environmental Protection 

Agency, including regional offices. 

(0) ACTIONS REQUIRED.-The municipal 

ombudsman shall work with appropriate offices 

at the headquarters and regional offices of the 

Environmental Protection Agency to ensure 

that the municipality seeking assistance is provided information-

(i) about available Federal financial 

assistance for which the municipality is eligible; 

(ii) about flexibility available under 

the Federal Water Pollution Control Act 

(33 U.S.C. 1251 et seq.) and, if applicable, 

the Safe Drinking Water Act (42 U.S.C. 

300f et seq.); and 
238 


35696.235

l\IAZI8416 S.L.C. 

205 

1 (iii) regarding the opportunity to de2 velop an integrated plan, as defined in sec3 tion 402(s)(1)(B) of the Federal Water 

4 Pollution Control Act (as added by paraS graph (1)). 

6 {D) lNFOIDIATION SHARING.-The munic7 ipal ombudsman shall publish on the website of 

8 the Environmental Protection Agency9 (i) general information relating toto (I) the technical assistance re11 ferred to in subparagraph (B)(i); 

12 (IT) the financial assistance re13 ferred to in subparagraph (C)(i); 

14 (III) the flexibility referred to in 

15 subparagraph (C)(ii); and 

16 (IV) any resources related to in17 tegrated plans developed by the Ad18 ministrator; and 

19 (ii) a copy of each permit, order, or 

20 judicial consent decree that implements or 

21 incorporates an integrated plan. 

22 (3) MUNICIPAL ENFORCEl\IENT.-Section 309 

23 of the Federal Water Pollution Control Act (33 

24 U.S.C. 1319) is amended by adding at the end the 

25 following: 
239 


35696.236

l\1AZ18416 S.L.C. 

206 

1 "(h) ll\IPLEllfENTATION OF INTEGRATED PLANS 

2 THROUGH ENFORCEl\IENT TOOLS.-

3 "(I) IN GENERAL.-In conjunction with an en4 forcement action under subsection (a) or (b) relating 

5 to municipal discharges, the Administrator shall in6 form a municipality of the opportunity to develop an 

7 integrated plan (as defined in section 402(s)). 

8 "(2) MODIFICATION.-Any municipality under 

9 an administrative order under subsection (a) or set10 tlement agreement (including a judicial consent dell cree) under subsection (b) that has developed an in12 tegrated plan consistent with section 402(s) may re13 quest a modification of the administrative order or 

14 settlement agreement based on that integrated 

15 plan.". 

16 (4) REPORT TO CONGRESS.-Not later than 2 

17 years after the date of enactment of this Act, the 

18 Administrator shall submit to the Committee on En19 vironment and Public Works of the Senate and the 

20 Committee on Transportation and Infrastructure of 

21 the House of Representatives and make publicly 

22 available a report on each integrated plan developed 

23 and implemented through a permit, order, or judicial 

24 consent decree since the date of publication of the 

25 "Integrated Municipal Stormwater and Wastewater 
240 


35696.237

lllAZ18416 S.L.C. 

207 

1 Planning Approach Framework" issued by the Envi2 ronmental Protection Agency and dated June 5, 

3 2012, including a description of the control meas4 ures, levels of control, estimated costs, and compli5 ance schedules for the requirements implemented 

6 through an integrated plan. 

7 (c) GREEN INFRASTRUCTURE PROMOTION.-Title V 

8 of the Federal Water Pollution Control Act (33 U.S.C. 

9 1361 et seq.) is amendedtO (1) by redesignating section 519 (33 U.S.C. 

11 1251 note) as section 520; and 

12 (2) by inserting after section 518 (33 U.S.C. 

13 1377) the following: 

14 "SEC. 519. ENVIRONMENTAL PROTECTION AGENCY GREEN 

15 lNFRASTRUCTURE PROMOTION. 

16 "(a) IN GENERAL.-The Administrator shall ensure 

17 that the Office of Water, the Office of Enforcement and 

18 Compliance Assurance, the Office of Research and Devel19 opment, and the Office of Policy of the Environmental 

20 Protection Agency promote the use of green infrastructure 

21 in and coordinate the integration of green infrastructure 

22 into, permitting programs, planning efforts, research, 

23 technical assistance, and funding guidance. 

24 "(b) DuTIES.-The Administrator shall ensure that 

25 the Office ofWater-
241 


35696.238

MAZ18416 S.L.C. 

208 

1 "(1) promotes the use of green infrastructure in 

2 the programs of the Environmental Protection Agen3 cy; and 

4 "(2) coordinates efforts to increase the use of 

5 green infrastructure with6 "(A) other Federal departments and agen7 cies; 

8 "(B) State, tribal, and local governments; 

9 and 

10 "(C) the private sector. 

11 "(c) REGIONAL GREEN INFRASTRUCTURE PR0-

12 MOTION.-The Administrator shall direct each regional of13 flee of the Environmental Protection Agency, as appro14 priate based on local factors, and consistent with the re15 quirements of this Act, to promote and integrate the use 

16 of green infrastructure within the region that includes17 "(1) outreach and training regarding green in18 frastructure implementation for State, tribal, and 

19 local governments, tribal communities, and the pri20 vate sector; and 

21 "(2) the incorporation of green infrastructure 

22 into permitting and other regulatory programs, 

23 codes, and ordinance development, including the re24 quirements under consent decrees and settlement 

25 agreements in enforcement actions. 
242 


35696.239

JIL\Zl8416 S.L.C. 

209 

1 "(d) GREEN INFRASTRUCTURE INFORMATION SHAR2 ING.-The Administrator shall promote green infrastruc3 ture information sha~ing, 'including through an Internet 

4 website, to share information with, and provide technical 

5 assistance to, State, tribal, and local governments, tribal 

6 communities, the private sector, and the public regarding 

7 green infrastructure approaches for8 "(1) reducing water pollution; 

9 "(2) protecting water resources; 

10 "(3) complying with regulatory requirements; 

11 and 

12 "( 4) achieving other environmental, public 

13 health, and community goals.". 

14 (d) FINANCIAL CAPABILITY GUIDANCE.-

15 (1) DEFINITIONS.-In this subsection: 

16 (A) AFFORDABILITY.-The term "afford17 ability" means, with respect to payment of a 

18 utility bill, a measure of whether an individual 

19 customer or household can pay the bill without 

20 undue hardship or unreasonable sacrifice in the 

21 essential lifestyle or spending patterns of the in22 dividual or household, as determined by the Ad23 ministrator. 

24 (B) FINANCIAL CAPABILITY.-The term 

25 "financial capability'' means the financial capa-
243 


35696.240

l\IAZ18416 S.L.C. 

210 

1 bility of a community to make investments nec2 essary to make water quality or drinking water 

3 improvements. 

4 (C) GUIDANCE.-The term "guidance" 

5 means the guidance published by the Adminis6 trator entitled "Combined Sewer Overflows-

? Guidance for Financial Capability Assessment 

8 and Schedule Development" and dated Feb9 ruary 1997, as applicable to the combined 

10 sewer overflows and sanitary sewer overflows 

11 guidance published by the Administrator enti12 tled "Financial Capability Assessment Frame13 work" and dated November 24, 2014. 

14 (2) USE OF :MEDIAN HOUSEHOLD INCOl\IE.-

15 The Administrator shall not use median household 

16 income as the sole indicator of affordability for a 

17 residential household. 

18 (3) REVISED GUIDANCE.-

19 (A) IN GENERAL.-Not later than 1 year 

20 after the date of completion of the National 

21 Academy of Public Administration study to es22 tablish a definition and framework for commu23 nity affordability required by Senate Report 

24 114-70, accompanying S. 1645 (114th Con-
244 


35696.241

l\IAZ18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

S.L.C. 

211 

gress), the Administrator shall revise the guidance described in paragraph (l)(C). 

(B) USE OF GUIDANCE.-Beginning on the 

date on which the revised guidance refeiTed to 

in subparagraph (A) is fmalized, the Administrator shall use the revised guidance in lieu of 

the guidance described in paragraph (l)(C). 

(4) CONSIDERATION AND CONSULTATION.-

(A) CONSIDERATION.-ln revising the 

guidance, the Administrator shall consider-

(i) the recommendations of the study 

referred to in paragraph (3)(A) and any 

other relevant study, as determined by the 

Administrator; 

(ii) local economic conditions, including site-specific local conditions that should 

be taken into consideration in analyzing financial capability; 

(iii) other essential community investments; 

(iv) potential adverse impacts on distressed populations, including the percentage of low-income ratepayers within the 

service area of a utility and impacts in 

communities with disparate economic con-
245 


35696.242

MAZ18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

S.L.C. 

212 

ditions throughout the entire service area 

of a utility; 

~v) the degree to which rates of lowincome consumers would be affected by 

wat~r infrastructure investments, the use 

of rate structures, and customer assistance 

programs to address the rates of low-income consumers; 

(vi) an evaluation of an array of factors, the relative importance of which may 

vary across regions and localities; and 

(vii) the appropriate weight for economic, public health, and environmental 

benefits. 

(B) CONSULTATION.-Any revised guidance issued to replace the guidance shall be developed in consultation with stakeholders. 

(5) PUBLICATION AND SUBl\IISSION.-

(A) IN GENERAL.-On completion of the 

revision of the guidance, the Administrator 

shall publish in the Federal Register and submit to the Committee on Environment and 

Public Works of the Senate and the Committee 

on Transportation and Infrastructure of the 

House of Representatives the revised guidance. 
246 


35696.243

l\IAZ18416 S.L.C. 

213 

1 (B) EXPLANATION.-lf the Administrator 

2 makes a determination not to follow 1 or more 

3 recommendations of the study referred to in 

4 paragraph (3)(A), the Administrator shall in5 elude in the publication and submission under 

6 paragraph (1) an explanation of that decision. 

7 (6) EFFECT.-Nothing in this subsection pre8 empts or interferes with any obligation to comply 

9 with any Federal law,· including the Federal Water 

10 Pollution Control Act (33 U.S.C. 1251 et seq.). 

11 SEC. 5007. WATER RESOURCES RESEARCH ACT AMEND· 

12 MENTS. 

13 (a) CONGRESSIONAL FINDINGS AND DECLARA14 TIONS.-Section 102 of the Water Resources Research 

15 Act of 1984 (42 U.S.C. 10301) is amended16 (1) by redesignating paragraphs (7) through 

17 (9) as paragraphs (8) through (10), respectively; 

18 (2) in paragraph (8) (as so redesignated), by 

19 striking "and" at the end; and 

20 (3) by inserting after paragraph (6) the fol21 lowing: 

22 "(7) additional research is required into in23 creasing the effectiveness and efficiency of new and 

24 existing treatment works through alternative ap25 proaches, including-
247 


35696.244

:IIAZI8416 S.lJ.C. 

214 

1 "(A) nonstructural alternatives; 

2 "(B) decentralized approaches; 

3 "(C) energy use efficiency; 

4 "(D) water use efficiency; and 

5 "(E) actions to m..'tract energy from waste6 water;". 

7 (b) CLARIFICATION OF RESEARCH ACTIVITIES.-Sec8 tion 104(b)(l) of the Water Resources Research Act of 

9 1984 (42 U.S.C. 10303(b)(1)) is amendedtO (1) in subparagraph (B)(ii), by striking "water11 related phenomena" and inserting "water re12 sources"; and 

13 (2) in subparagraph (D), by striking the period 

14 at the end and inserting"; and". 

15 (c) COMPLIANCE REPORT.-Section 104(c) of the 

16 Water Resources Research Act of 1984 (42 U.S.C. 

17 10303(c)) is amendedIS (1) by striking "(c) From the" and inserting 

19 the following: 

20 "(c) GRANTS.-

21 "(1) IN GENERAL.-From the"; and 

22 (2) by adding at the end the following: 

23 "(2) REPORT.-Not later than December 31 of 

24 each fiscal year, the Secretary shall submit to the 

25 Committee on Environment and Public Works of the 
248 


35696.245

IIIAZ18416 S.L.C. 

215 

1 Senate, the Committee on the Budget of the Senate, 

2 the Committee on Transportation and Infrastructure 

3 of the House of Representatives, and the Committee 

4 on the Budget of the House of Representatives a reS port regarding the compliance of each funding re6 cipient with this subsection for the immediately pre7 ceding fiscal year.". 

8 (d) EVALUATION OF WATER RESOURCES RESEARCH 

9 PROGRAl\1.-Section 104 of the Water Resources Research 

10 Act of 1984 (42 U.S.C. 10303) is amended by striking 

11 subsection (e) and inserting the following: 

12 "(e) EVALUATION OF WATER RESOURCES RESEARCH 

13 PROGRAl\1.-

14 "(1) IN GENERAL.-The Secretary shall con15 duct a careful and detailed evaluation of each insti16 tute at least once every 3 years to determine17 "(A) the quality and relevance of the water 

18 resources research of the institute; 

19 "(B) the effectiveness of the institute at 

20 producing measured results and applied water 

21 supply research; and 

22 "(C) whether the effectiveness of the insti23 tute as an institution for planning, conducting, 

24 and arranging for research warrants continued 

25 support under this section. 
249 


35696.246

l\IAZ18416 S.L.C. 

216 

1 "(2) PROHIDITION ON FURTHER SUPPORT.-Jf, 

2 as a result of an evaluation under paragraph (1), the 

3 Secretary determines that an institute does not qual4 ify for further support under this section, no further 

5 grants to the institute may be provided until the 

6 qualifications of the institute are reestablished to the 

7 satisfaction of the Secretary.". 

8 (e) AUTHORIZATION OF APPROPRIATIONS.-Section 

9 104(f)(1) of the Water Resources Research Act of 1984 

10 (42 u.s.a. 10303(f)(1)) is amended by striking 

11 "$12,000,000 for each of fiscal years 2007 through 2011" 

12 and inserting "$7 ,500,000 for each of fiscal years 2019 

13 through 2021". 

14 (f) ADDITIONAL APPROPRIATIONS WHERE RE15 SEARCH FOCUSED ON WATER PROBLEMS OF INTERSTATE 

16 NATURE.-Section 104(g)(1) of the Water Resources Re17 search Act of 1984 (42 U.S.a. 10303(g)(1)) is amended 

18 in the first sentence, by striking "$6,000,000 for each of 

19 fiscal years 2007 through 2011" and inserting 

20 "$1,500,000 for each of fiscal years 2019 through 2021". 

21 SEC. 5008. STUDY ON INTRACTABLE WATER SYSTEMS. 

22 PartE of the Safe Drinking Water Act (42 U.S.a. 

23 300j et seq.) is amended by adding at the end the fol24 lowing: 
250 


35696.247

l\IAZ18416 S.L.C. 

217 

1 "SEC. 1459C. STUDY ON INTRACTABLE WATER SYSTEMS. 

2 "(a) DEFINITION OF INTRACTABLE WATER SYS3 TEJ\1.-ln this section, the term 'intractable water system' 

4 means a community water system or a noncommunity 

5 water system6 "(1) that serves fewer than 1,000 individuals; 

7 and 

8 "(2) the owner or operator of whlch9 "(A) is unable or unwilling to provide safe 

10 and adequate service to those individuals; 

11 "(B) has abandoned or effectively aban12 doned the community water system or non13 community water system, as applicable; 

14 "(C) has defaulted on a financial obliga15 tion relating to the community water system or 

16 noncommunity water system, as applicable; 

17 "(D) fails to maintain the facilities of the 

18 community water system or noncommunity 

19 water system, as applicable, in a manner so as 

20 to prevent a potential public health hazard; or 

21 "(E) is in significant noncompliance with 

22 this Act or any regulation promulgated pursu23 ant to this Act. 

24 "(b) STUDY REQUIRED.-

25 "(1) IN GENERAL.-Not later than 2 years 

26 after the date of enactment of thls section, the Ad-
251 


35696.248

l\IAZ18416 S.L.C. 

218 

1 ministrator, in consultation with the Secretary of 

2 Agriculture and the Secretary of Health and Human 

3 Services, shall complete a study that4 

5 and 

"(A) identifies intractable water systems; 

6 "(B) describes barriers to delivery of pota7 ble water to individuals served by an intractable 

8 water system. 

9 "(2) REPORT TO CONGRESS.-Not later than 2 

10 years after the date of enactment of tllis section, the 

11 Administrator shall submit to Congress a report de12 scribing findings and recommendations based on the 

13 study under this subsection. 

14 "(c) COMPLIANCE lNCENTIVE.-Section 1414(h)(2) 

15 shall apply to any person carrying out a plan to address 

16 an intractable water system that is approved by17 "(1) in the case of a State with primary en18 forcement responsibility under section 1413, the 

19 State; or 

20 "(2) in the case of a State that does not have 

21 primary enforcement responsibility, the Adminis22 trator.". 

23 SEC. 5009. NATIONAL ONSITE WASTEWATER RECYCLING. 

24 (a) SENSE OF CONGRESS.-lt is the sense of Con25 gress that providing communities with the knowledge and 
252 


35696.249

MAZ18416 S.L.C. 

219 

1 resources necessary to fully use decentralized wastewater 

2 systems can provide affordable wastewater recycling and 

3 treatment to millions of people in the United States. 

4 (b) DEFil\"'TION OF An.MINISTRATOR.-ln this seeS tion, the term "Administrator" means the Administrator 

6 of the Environmental Protection Agency. 

7 (c) WASTEWATER TECHNOLOGY CLEARINGHOUSE.-

8 (1) IN GENERAL.-The Administrator shall9 (A) for each of the programs described in 

10 paragraph (2), update the information for those 

11 programs to include information on cost-effec12 tive and alternative wastewater recycling and 

13 treatment systems, including onsite and decen14 tralized systems; and 

15 (B) disseminate to units of local govern16 ment and nonprofit organizations seeking Fed17 eral funds for wastewater systems information 

18 on the cost effectiveness of alternative waste19 water treatment and recy~ling syste~s, includ20 ing onsite and decentralized systems. 

21 (2) PROGRAl\IS DESCRIBED.-The programs re22 ferred to in paragraph (l)(A) are programs that 

23 provide technical assistance for wastewater manage24 ment, including-
253 


35696.250

IIIAZIB416 S.L.C. 

220 

I (A) programs for nonpoint source manage2 ment. under section 319 of the Federal Water 

3 Pollution Control Act (33 U.S.C. 1329); 

4 (B) the permit program for the disposal of 

5 sewer sludge under section 405 of the Federal 

6 Water Pollution Control Act (33 U.S.C. 1345); 

7 (C) technical assistance for small public 

8 water systems under section 1442(e) of the 

9 Safe Drinking Water Act (42 U.S.C. 300jIO 2(e)); and 

II (D) other programs of the Administrator 

I2 that provide technical assistance for wastewater 

I3 management. 

I4 (d) ALTERNATIVE WASTEWATER SYSTEl\1 CERTIFII5 CATION.-

16 (1) CLEA.J.'l WATER STATE REVOLVING FUNDS.-

I7 Section 603 of the Federal Water Pollution Control 

18 Act (33 U.S.C. 1383) (as amended by section 

19 5004(b)(1)) is amended by adding at the end the 

20 following: 

21 "(k) ALTERNATIVE WASTEWATER SYSTEl\I CERTIFI22 CATION.-In providing assistance from the water pollution 

23 control revolving fund of the State established in accord24 ance with this title for a project for a wastewater system 

25 serving a population of not more than 2,500, the State 
254 


35696.251

l\IAZ18416 S.L.C. 

221 

1 shall ensure that an entity receiving assistance from the 

2 water pollution control revolving fund of the State certifies 

3 that the entity has considered an individual or shared on4 site, decentralized wastewater system as an alternative 

5 wastewater system.". 

6 (2) WIFIA.-Section 5028(a) of the Water In7 frastructure Finance and Innovation Act of 2014 

8 (33 u.s.a. 3907(a)) is amended by adding at the 

9 end the following: 

10 "(7) ALTERNATIVE WASTEWATER SYSTEl\1 CER11 TIFICATION.-In the case of a project carried out by 

12 the Administrator, the Administrator shall ensure 

13 that, for a project for a wastewater system serving 

14 a population of not more than 2,500, the eligible en15 tity receiving financial assistance certifies that the 

16 eligible entity has considered an individual or shared 

17 onsite, decentralized wastewater system as an alter18 native wastewater system.". 

19 (3) WATER MTD WASTE DISPOSAL LOAN & 

20 GRANT PROGRAl\L-Section 306(a) of the aonsoli21 dated Farm and Rural Development Act (7 U.S.a. 

22 1926(a)) is amended by adding at the end the fol23 lowing: 

24 "(27) ALTERNATIVE WASTEWATER SYSTEl\1 

25 CERTIFICATION.-The Secretary shall ensure that, 
255 


35696.252

l\IAZ18416 S.L.C. 

222 

1 for a wastewater project serving a population of not 

2 more than 2,500, the recipient of the financial as3 sistance certifies that the recipient has considered an 

4 individual or shared onsite, decentralized wastewater 

5 system as an alternative wastewater system.". 

6 (e) REPORT TO CONGRESS.-Not later than 1 year 

7 after the date of enactment of this Act, and not less fre8 quently than every 3 years thereafter, the Administrator 

9 shall submit to Congress a report that describesto (1) the amount of financial assistance provided 

11 by State water pollution control revolving funds es12 tablished under title VI of the Federal Water Pollu13 tion Control Act (33 U.S.C. 1381 et seq.) to deploy 

14 decentralized wastewater recycling technology; 

15 (2) the barriers impacting greater use of decen16 tralized wastewater recycling technologies; 

17 (3) the cost-saving potential to communities 

18 and future infrastructure investments from further 

19 deployment of decentralized wastewater recycling 

20 technology; 

21 ( 4) the environmental benefits to the commu22 nity an.d groundwater quality from additional invest23 ments in decentralized wastewater recycling; and 
256 


35696.253

l\IAZ18416 S.L.C. 

223 

1 ( 5) the actions taken by the Administrator to 

2 assist States in identifying eligible projects using de3 centralized wastewater recycling technology. 

4 SEC. 5010. WATER INFRASTRUCTURE AND WORKFORCE IN5 VESTMENI'. 

6 (a) SENSE OF CONGRESS.-lt is the sense of Con7 gress that8 (1) water and wastewater utilities provide a 

9 unique opportunity for access to stable, high-quality 

10 careers; 

11 (2) as water and wastewater utilities make crit12 ical investments in infrastructure, water and waste13 water utilities can invest in the development of local 

14 workers and local small businesses to strengthen 

15 communities and ensure a strong pipeline of skilled 

16 and diverse workers for today and tomorrow; and 

17 (3) to further the goal of ensuring a strong 

18 pipeline of skilled and diverse workers in the water 

19 and wastewater utilities sector, Congress urges20 (A) increased collaboration among Federal, 

21 State, and local governments; and 

22 (B) institutions of higher education, ap23 prentice programs, high schools, and other com24 munity-based organizations to align workforce 

25 training programs and community resources 
257 


35696.254

l\IAZ18416 S.L.C. 

224 

1 with water and wastewater utilities to accelerate 

2 career pipelines and provide access to workforce 

3 opportunities. 

4 (b) DEFINITION OF INTRACTABLE WATER SYS5 TEl\t.-In this section, the term "intractable water sys6 tern" means a community water system or a noncommu7 nity water system (as those terms are defined in section 

8 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)) 

9 thattO (1) that serves fewer than 1,000 individuals; 

11 and 

12 (2) the owner or operator of which13 (A) is unable or unwilling to provide safe 

14 and adequate service to those individuals; 

15 (B) has abandoned or effectively aban16 doned the community water system or non17 community water system, as applicable; 

18 (C) has defaulted on a financial obligation 

19 relating to the community water system or non20 community water system, as applicable; 

21 (D) fails to maintain the facilities of the 

22 community water system or noncommunity 

23 water system, as applicable, in a manner so as 

24 to prevent a potential public health hazard; or 
258 


35696.255

MAZ18416 S.L.C. 

225 

1 (E) is in significant noncompliance with 

2 the Safe Drinking Water Act (42 U.S.C. 300f 

3 et seq.) or any regulation promulgated pursuant 

4 to that Act. 

5 (c) INNOVATIVE WATER l:I\'FRASTRUCTURE WORK6 FORCE DEVELOPJ\IENT PROGRAl\1.-

7 (1) GRANTS AUTHORIZED.-The Administrator 

8 of the Environmental Protection Agency (referred to 

9 in this section as the "Administrator") and the Sec1 0 retary shall establish a competitive grant program to 

11 assist the development of innovative activities relat12 ing to workforce development in the water utility 

13 sector. 

14 (2) SELECTION OF GRANT RECIPIENTS.-Jn 

15 awarding grants under paragraph (1), the Adminis16 trator or the Secretary, as applicable, shall, to the 

17 maximum e:1..'tent practicable, selectIS (A) water utilities that19 (i) are geographically diverse; 

20 (ii) address the workforce and human 

21 resources needs of large and small public 

22 water and wastewater utilities; 

23 (iii) address the workforce and human 

24 resources needs of urban and rural public 

25 water and wastewater utilities; 
259 


35696.256

l\L\Zl8416 S.L.C. 

226 

1 (iv) advance training relating to con2 struction, utility operations, treatment and 

3 distribution, green infrastructure, customer 

4 service, maintenance, and engi~eering; and 

5 (v)(I) have a high retiring workforce 

6 rate; or 

7 (ll) are located in areas with a high 

8 unemployment rate; or 

9 (B) intractable water systems. 

10 (3) USE OF FUNDS.-Grants awarded under 

11 paragraph (1) may be used for activities such as12 (A) targeted internship, apprenticeship, 

13 preapprenticeship, and post-secondary bridge 

14 programs for mission-critical skilled trades, in 

15 collaboration with labor organizations, commu16 nity colleges, and other training and education 

17 institutions that provideIS (i) on-the-job training; 

19 (ii) soft and hard skills development; 

20 (iii) test preparation for skilled trade 

21 apprenticeships; or 

22 (iv) other support services to facilitate 

23 post-secondary success; 

24 (B) kindergarten through 12th grade and 

25 young adult education programs that-
260 


35696.257

MAZ18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

S.L.C. 

227 

, (i) educate young people about the 

role of water and wastewater utilities m 

the communities of the young people; 

(ii) increase the career awareness and 

exposure of the young people to water utility careers through various work-based 

learning opportunities inside and outside 

the classroom; and 

(iii) connect young people to post-secondary career pathways related to water 

utilities; 

(C) regional industry and workforce development collaborations to identify water utility 

employment needs, map existing career pathways, support the development of curricula, facilitate the. sharing of resources, and coordinate 

candidate development, staff preparedness efforts, and activities that engage and support-

(i) water utilities employers; 

(ii) educational and training institutions; 

(iii) local community-based organizations; 

(iv) public workforce agencies; and 

(v) other related stakeholders; 
261 


35696.258

l\lAZ18416 S.L.C. 

228 

1 (D) integrated learning laboratories em2 bedded in high schools or other secondary edu3 cational institutions that provide students 

4 with5 (i) hands-on, contex'tualized learning 

6 opportunities; 

7 (ii) dual enrollment credit for postS secondary education and training pro9 grams; and 

10 (iii) direct connection to industry emIl ployers; and 

12 (E) leadership development, occupational 

13 training, mentoring, or cross-training programs 

14 that ensure that incumbent water and waste15 water utilities workers are prepared for higher16 level supervisory or management-level positions. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.-There is 

18 authorized to be appropriated to carry out this section 

19 $1,000,000 for each of fiscal years 2019 and 2020. 

20 SEC. 5011. SENSE OF CONGRESS RELATING TO STATE RE· 

21 VOLVING FUNDS. 

22 It is the sense of Congress that Congress should pro23 vide robust funding of capitalization grants to States to 

24 fund drinking water treatment revolving loan funds estab25 lished under section 1452 of the Safe Drinking Water Act 
262 


35696.259

l\lAZ18416 S.L.C. 

229 

1 (42 U.S.C. 300j-12) and the State water pollution control 

2 revolving funds established under title VI of the Federal 

3 Water Pollution Control Act (33 U.S.C. 1381 et seq.). 

4 SEC. 5012. GAO STUDY ON WIFIA PROJECTS IN SMALL COM5 

6 

7 

MUNITIES, RURAL COMMUNITIES, DISADVAN· 

TAGED COMMUNITIES, AND TRIBAL COMMUNITIES. 

8 Not later than 1 year after the date of enactment 

9 of this Act, the Comptroller General of the United States 

10 shall11 (1) conduct a study on how to create flexibility 

12 under the Water Infrastructure Finance and Innova13 tion Act (33 U.S.C. 3901 et seq.) for small commu14 nities, rural communities, disadvantaged commu15 nities, and Tribal communities, including16 (A) ways to improve access to assistance 

17 under that Act for those communities; and 

18 (B) how to lower the burden of applying 

19 for assistance under that Act for those commu20 nities; and 

21 (2) submit to Congress a report that ·describes 

22 the results of the study under paragraph (1). 
263 


35696.260

l\IAZ18416 S.L.C. 

230 

1 SEC. 5013. AMERICAN ffiON AND STEEL PRODUCTS. 

2 Section 1452(a)(4)(A) of the Safe Drinking Water 

3 Act (42 U.S.C. 300j-12(a)(4)(A)) is amended by striking 

4 "During fiscal year 2017, funds" and inserting "Funds". 

5 SEC. 5014. SENSE OF CONGRESS RELATING TO ACCESS TO 

6 NONPOTABLE WATER. 

7 It is the sense of Congress that8 (1) access to nonpotable water sources for in9 dustry can relieve the supply and demand challenges 

10 for potable water in water-stressed regions throughIt out the United States; and 

12 (2) water users are encouraged to continue im13 plementing and incentivizing nonpotable water reuse 

14 programs that will achieve greater water savings and 

15 conservation needs. 

16 SEC. 5015. INNOVATIVE FINANCING FOR STATE LOAN 

17 FUNDS. 

18 (a) IN GENERAL.-The \Vater Infrastructure Fi19 nance and Innovation Act of 2014 (33 U.S.C. 3901 et 

20 seq.) is amended by adding at the end the following: 

21 "SEC. 5036. INNOVATIVE FINANCING FOR STATE LOAN 

22 FUNDS. 

23 "(a) DEFINITION OF STATE LOAN FUNDS.-In this 

24 section, the term 'State loan funds' means-
264 


35696.261

l\U\Z18416 S.L.C. 

231 

1 "(1) State drinking water treatment revolving 

2 loan funds established under section 1452 of the 

3 Safe Drinking Water Act (42 U.S.C. 300j-12); and 

4 "(2) State water pollution control revolving 

5 funds established under title VI of the Federal 

6 Water Pollution Control Act (33 U.S.C. 1381 et 

7 seq.). 

8 "(b) FINANCIAL AsSISTANCE TO STATE LOAN 

9 FUNDS.-The Administrator may provide financial assist1 0 ance under this section to State infrastructure financing 

11 authorities for State loan funds to carry out water and 

12 wastewater infrastructure projects in accordance with this 

13 section. 

14 "(c) ELIGIDLE ACTIVITIES.-

15 "(1) IN GENERAL.-The following activities 

16 may be carried out by a State infrastructure financ17 ing authority with financial assistance made avail18 able under this section: 

19 "(A) One or more activities that are in20 eluded in the intended use plan under section 

21 606(c) of the Federal Water Pollution Control 

22 Act (33 U.S.C. 1386(c)). 

23 "(B) One or more activities that are in24 eluded in the project priority list of the in25 tended use plan under section 1452(b) of the 
265 


35696.262

l\IAZ18416 S.L.C. 

232 

1 Safe Drinking Water Act (42 U.S.C. 300j2 12(b)). 

3 "(2) ADl\IIN1STRATIVE COSTS.-Financial as4 sistance provided under this section may be used to 

5 pay the reasonable costs of administration related to 

6 that financial assistance. 

7 "(3) APPLICATION FEES.-Section 5029(b)(7) 

8 shall not apply to financial assistance made available 

9 under this section. 

10 "(4) TREATMENT OF PROJECTS.-In deter11 mining whether to provide financial assistance under 

12 this section, the Administrator shall consider a 

13 project to be all of the activities included in an in14 tended use plan described in subparagraph (A) or 

15 (B) of paragraph (1). 

16 "(5) STATE AND LOCAL DECISIONl\IAIGNG.-A 

17 State infrastructure financing authority that receives 

18 financial assistance under this section may use the 

19 assistance for any activity included in an intended 

20 use plan described in subparagraph (A) or (B) of 

21 paragraph (1). 

22 "(d) REQUIREMENTS.-

23 "(1) IN GENERAL.-Except as otherwise pro24 vided in this section, the requirements and proce-
266 


35696.263

l\IAZ18416 S.L.C. 

233 

1 dures under tllis subtitle shall apply to a project 

2 under this section. 

3 "(2) INTEREST RATE.-

4 "(A) IN GENERAL.-Except as provided in 

5 subparagraph (B), the interest rate on a se6 cured loan provided under this section shall be 

7 equal to the yield on United States Treasury se8 curities of a similar maturity to the maturity of 

9 the secured loan on the date of execution of the 

10 loan agreement. 

11 "(B) CERTAIN STATES.-

12 "(i) IN GENERAL.-In the case of a 

13 State described in clause (ii)-

14 "(I) the interest rate on a se15 cured loan provided under this section 

16 shall be 80 percent of the interest rate 

17 under subparagraph (A); but 

18 "(II) if there is not sufficient de19 mand for loans under this subpara20 graph (as determined by the Adminis21 trator), the Administrator may pro22 vide a secured loan at an interest rate 

23 that is not less than 50 percent and 

24 not more than 80 percent of the inter25 est rate under subparagraph (A), as 
267 


35696.264

MAZ1841G 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

S.L.C. 

234 

detennined by the Administrator with 

respect to each loan. 

"(ii) STATES DESCRIDED.-A State 

referred to in clause (i) is a State-

"(!) that received less than 2 

percent of the total amount of funds 

made available to States for the State 

loan funds for the most recent fiscal 

year for which data is available; or 

"(II) for which the President has 

declared a major disaster in accordance with section 401 of the Robert 

T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5170) during the period beginning on 

January 1, 2017, and ending on the 

date of enactment of this section, if 

the secured loan is for a project related to wastewater or drinking water 

infrastructure damaged by the major 

disaster. 

" (C) DISTRIBUTION OF LOANS.-

"(i) IN GENERAL.-Except as provided in clause (ii), of the total amount of 
268 


35696.265

l\lAZ18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

S.L.C. 

235 

funds made available to provide secured 

loans under this section-

"(!) 50 percent shall be provided 

for secured loans at the interest rate 

described in subparagraph (A); and 

"(ll) 50 percent shall be provided 

for secured loans at the interest rate 

described in subparagraph (B)(i) to 

States described in subparagraph 

(B)(ii). 

"(ii) REALLOCATION.-For any fiscal 

year, if amounts for loans described in either of subclause (I) or (II) of clause (i} 

remain available, the Administrator may 

reallocate the amounts to be used for' loans 

described in either of subclause (I) or (IT) 

of that clause, as applicable, to meet applicant demand. 

"(3) CERTAIN STATE REVIEWS.-

"(A) IN GENERAL.-A project under this 

section shall comply with any applicable State 

environmental or engineering review requirements pursuant to, as applicable-
269 


35696.266

MAZ18416 S.L.C. 

236 

1 "(i) title VI of the Federal \Vater Pol2 lution Control Act (33 U.S.C. 1381 et 

3 seq.); 

4 "(ii) section 1452 of the Safe DrinkS ing Water Act (42 U.S.C. 300j-12); 

6 "(iii) section 35.3140 of title 40, Code 

7 of Federal Regulations (or successor regu8 lations); and 

9 "(iv) section 35.3580 of title 40, Code 

10 of Federal Regulations (or successor regu11 lations). 

12 "(B) NO NEW REVIEWS REQillRED.-

13 Nothing in this section requires any additional 

14 or new environmental or engineering review for 

15 a project under this section other than any re16 quirement othenvise applicable to the project. 

17 "(4) FEDERAL SHARE.-Nohvithstanding sec18 tion 5029(b)(9), financial assistance for a project 

19 under this section may be used to pay up to 100 

20 percent of the costs of the project. 

21 "(5) Lil\llTATION ON LOANS UNDER MULTIPLE 

22 PROGR.Al\IS.-

23 "(A) IN GENERAL.-A State infrastructure 

24 financing authority-
270 


35696.267

l\lAZ18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

S.L.C. 

237 

"{i) may apply for financial assistance 

under both this section and under this subtitle {other than this section); but 

"(ii) may accept financial assistance 

from only 1 program described in clause 

(i). 

"{B) WITIIDRAWAL; Tll\fiNG.-

"(i) WITHDRAWAL.-On a decision to 

accept financial assistance under this section or under this subtitle (other than this 

section), a State infrastructure financing 

authority shall withdraw the application of 

the State infrastructure financing authority from the program that the State infrastructure financing authority does not select. 

"(ii) Til\fiNG.-A State infrastructure 

financing authority shall not be required to 

withdraw under clause (i) before decisions 

on the applications of the State infrastructure financing authority under this section 

and under this subtitle (other than this 

23 section) have been made. 

24 "(e) EXPEDITED REVIEW OF APPLICATIONS.-Not 

25 later than 180 days after the date on which the Adminis-
271 


35696.268

:MAZ18416 S.L.C. 

238 

1 trator receives a complete application for a project under 

2 this section, the Administrator shall, through a written no3 tice to the State infrastructure financing authority4 "(1) approve the application; or 

5 "(2) provide detailed guidance and an expla6 nation of any changes to the application necessary 

7 for approval of the application. 

8 "(f) FUNDING.-

9 "(1) AUTHORIZATION OF APPROPRIATIONS.-

10 "(A) IN GENERAL.-There is authorized to 

11 be appropriated to the Administrator to carry 

12 out this section $100,000,000 for each of fiscal 

13 years 2019 and 2020, to remain available until 

14 expended. 

15 "(B) SENSE OF CO.NGRESS.-lt is the 

16 sense of Congress that the amounts authorized 

17 to be appropriated to carry out this section will 

18 support, for each fiscal year19 "(i) $5,000,000,000 in secured loans 

20 at the interest rate described in subsection 

21 (d)(2)(A); and 

22 "(ii) $425,000,000 in secured loans at 

23 the interest rate described in subsection 

24 (d)(2)(B)(i). 

25 "(2) AnliiiNISTRATIVE COSTS.-
272 


35696.269

lllAZ18416 S.L.C. 

239 

1 "(A) IN GENERAL.-Of the funds made 

2 available to carry out this section, the Adminis3 trator may use for the administration of this 

4 section, including for the provision of technical 

5 assistance to aid State infrastructure financing 

6 authorities in obtaining the necessary approvals 

7 for eligible activities, not more than $5,000,000 

8 for each of fiscal years 2019 and 2020. 

9 "(B) FEE WAIVERS.-

10 "(i) IN GENER.AL.-Of the funds 

11 made available to carry out tltis section, 

12 the Administrator may use for costs re13 lated to processing and reviewing applica14 tions, including underwriting, such 

15 amounts as are necessary for each of fiscal 

16 years 2019 and 2020, to remain available 

17 until expended. 

18 "(ii) OTHER FEES.-The funds under 

19 clause (i) shall be used in lieu of fees col20 lected under section 5030(b). 

21 "(3) No IMPACT ON OTHER FEDERAL FUND22 ING.-No funds shall be made available to carry out 

23 this section if24 "(A) the total amount made available for 

25 a fiscal year for the State loan funds is less 
273 


35696.270

l\1AZ18416 S.L.C. 

240 

1 than the total amount made available for those 

2 funds for fiscal year 2018; and 

3 "(B) the amount made available for a fis4 cal year for assistance under tllis subtitle (other 

5 than this section) is less than the amount made 

6 available for that assistance for fiscal year 

7 2018. 

8 "(4) SUPPLEMENT, NOT SUPPLANT.-:Amounts 

9 made available to carry out tills section shall be used 

10 to supplement, and not supplant11 "(A) funds made available to carry out this 

12 subtitle (other than this section); 

13 "(B) funds made available to carry out 

14 section 1452 of the Safe Drinking 'Vater Act 

15 (42 U.S.C. 300j-12); and 

16 "(C) funds made available to carry out 

17 title VI of the Federal Water Pollution Control 

18 Act (33 U.S.C. 1381 et seq.). 

19 "(g) DISTRIBUTION AND ALLOTMENT OF FUNDS.-

20 "(1) DISTRIBUTION OF FUNDS.-ln deter21 mining the distribution of amounts between the 

22 State loan funds, the Administrator shall23 "(A) provide financial assistance based on 

24 need; and 
274 


35696.271

:MAZ18416 S.L.C. 

241 

1 

2 

3 

"(B) give equal consideration to drinking 

water projects and wastewater projects. 

"(2) ALLOT.MENT.-Notwithstanding section 

4 5028(b), in providing financial assistance under this 

5 section, the Administrator shall6 "(A) for each fiscal year, ensure that each 

7 State infrastructure financing authority that 

8 submits an application under this section for a 

9 project described in subparagraph (A) or (B) of 

10 subsection (c)(1) receives financial assistance 

11 under this section; but 

12 "(B) provide financial assistance under 

13 subparagraph (A) in amounts based on need, as 

14 determined by the Administrator. 

15 "(h) TRANSPARENCY.-

16 "(1) IN GENERAL.-For each fiscal year, the 

17 Administrator shall make available on the website of 

18 the Administrator19 "(A) a list of each application received 

20 under this section; 

21 "(B) a list of each application approved 

22 under this section; 

23 "(C) the criteria and methods used for se24 lection of projects under this section; and 
275 


35696.272

l\1AZ18416 S.L.C. 

242 

1 "(D) the terms of the financial assistance 

2 provided for each project under this section. 

3 "(2) REPORT.-Not later than 180 days after 

4 the date on which the Administrator first provides 

5 financial assistance for a project under this section 

6 and each year thereafter, the Administrator shall 

7 submit to the Committee on Environment and Pub8 lie Works of the Senate and the Committee on 

9 Transportation and Infrastructure of the House of 

10 Representatives a detailed report that includes11 "(A) the information described in subpara12 graphs (A) through (D) of paragraph (1); and 

13 "(B) a detailed e:A'])lanation of why each 

14 project was approved. 

15 "(i) SUNSET.-Tbe authority to provide assistance 

16 under this section shall terminate on September 30, 

17 2020.". 

18 (b) FUNDING.-Section 5033 of the Water Infra19 structure Finance and Innovation Act of 2014 (33 U.S.C. 

20 3912) is amended by inserting "(other than section 

21 5036)" after "this subtitle" each place it appears. 

22 (c) REMOVAL OF PILOT DESIGNATION.-

23 (1) Subtitle C of title V of the Water Resources 

24 Reform and Development Act of 2014 (33 U.S.C. 
276 


35696.273

MAZ18416 S.L.C. 

243 

1 3901 et seq.) is amended by striking the subtitle 

2 designation and heading and inserting the following: 

3 "Subtitle C-Innovative Financing 

4 Projects". 

5 (2) Section 5023 of the Water Infrastructure 

6 Finance and Innovation Act of 2014 (33 U.S.C. 

7 3902) is amended by striking "pilot" each place it 

8 appears. 

9 (3) Section 5034 of the Water Infrastructure 

10 Finance and Innovation Act of 2014 (33 U.S.C. 

11 3913) is amended by striking the section designation 

12 and heading and inserting the following: 

13 "SEC. 50S4. REPORTS ON PROGRAM IMPLEMENTATION.''. 

14 (4) The table of contents for the Water Re15 sources Reform and Development Act of 2014 (Pub16 lie Law 113-121; 128 Stat. 1195) is amended17 (A) by striking the item relating to subtitle 

18 C of title V and inserting the following: 

19 

20 

21 

22 

23 

"Subtitle C-Innovntivc Financing Projects"; 

(B) by striking the item relating to section 

5034 and inserting the following: 

"Sec. 5034. Reports on program implcmcntntion."; 

and 

(C) by inserting after the item relating to 

section 5035 the following: 

"Sec. 5036. Innovnth'C financing for Stnte loan funds.". 
277 


35696.274

MAZ18416 S.L.C. 

244 

1 SEC. 5016. WATER INFRASTRUCTURE RESILIENCY AND SUS· 

2 TAINABILITY. 

3 (a) DEFINITIONS.-ln this section: 

4 (1) Anl\IINISTRATOR.-The term "Adminis5 trator" means the Administrator of the Environ6 mental Protection Agency. 

7 (2) HYDROLOGIC CONDITIONS.-The term "hy8 drologic conditions" means the quality, quantity, or 

9 reliability of the water resources of a region of the 

10 United States. 

11 (3) OWNER OR OPERATOR OF A WATER SYS12 TEl\l.-

13 (A) IN GENERAL.-The term "owner or 

14 operator of a water system" means an entity 

15 (including a regional, State, interstate, Tribal, 

16 local, municipal, intermunicipal, or private enti17 ty) that owns or operates a water system. 

18 (B) INCLUSION.-The term "owner or op19 erator of a water system" includes20 (i) a non-Federal entity that has oper21 ational responsibilities for a federally, trib22 ally, or State-owned water system; and 

23 (ii) an entity established by an agree24 ment between25 (I) an entity that owns or oper26 ates a water system; and 
278 


35696.275

l\L\Zl8416 S.L.C. 

245 

1 (II) at least 1 other entity. 

2 (4) WATER SYSTEM.-The term "water sys3 tern" means4 (A) a community water system (as defined 

5 in section 1401 of the Safe Drinking Water Act 

6 (42 u.s.c. 300f)); 

7 (B) a treatment works (as defined in sec8 tion 212 of the Federal Water Pollution Control 

9 Act (33 U.S.C. 1292)), including a municipal 

10 separate storm sewer system (as the term is 

11 used in the Federal Water Pollution Control 

12 Act (33 U.S.C. 1251 et seq.)); 

13 (C) a decentralized wastewater treatment 

14 system for domestic sewage; 

15 (D) a groundwater storage and replenish16 ment system; 

17 (E) a system for the conservation of water 

18 or for the transport and delivery of water for ir19 rigation; or 

20 (F) a natural or engineered system that 

21 manages floodwaters. 

22 (b) ESTABLISIDIENT .-The Administrator shall es23 tablish and carry out a program, to be known as the 

24 ''Water Infrastructure Resiliency and Sustainability Pro25 gram", under which the Administrator shall award grants 
279 


35696.276

l\IAZ18416 S.L.C. 

246 

1 in each of fiscal years 2019 and 2020 to owners or opera2 tors of water systems for the purpose of increasing the 

3 resiliency or adaptability of the systems to any ongoing 

4 or forecasted changes (based on the best available research 

5 and data) to the hydrologic conditions of a region of the 

6 United States. 

7 (c) UsE OF FUNDS.-An owner or operator of a 

8 water system may only use grant funds received under a 

9 grant under this section to assist in the planning, design, 

10 construction, implementation, operation, or maintenance 

11 of a program or project that meets the purpose described 

12 in subsection (b) through13 (1) the conservation of water or the enhance14 ment of water use efficiency, including through the 

15 use of water metering and electronic sensing and 

16 control systems to measure the effectiveness of a 

17 water efficiency program; 

18 (2) the ·modification or relocation of existing 

19 water system infrastructure made or projected to be 

20 significantly impaired by changing hydrologic condi21 tions; 

22 (3) the preservation or improvement of water 

23 quality, including through measures to manage, re24 duce, treat, or reuse municipal stormwater, waste25 water, or drinking water; 
280 


35696.277

l\lAZ18416 S.L.C. 

247 

1 ( 4) the investigation, design, or construction of 

2 groundwater remediation, recycled water, or desali3 nation facilities or systems to serve existing commu4 nities; 

5 (5) the enhancement of water management by 

6 increasing watershed preservation and protection, in7 eluding through the use of natural or engineered 

8 green infrastructure in the management, conveyance, 

9 or treatment of water, wastewater, or stormwater; 

10 (6) the enhancement of energy efficiency or the 

11 use and generation of renewable energy in the man12 agement, conveyance, or treatment of water, waste13 water, or stormwater; 

14 (7) the adoption and use of advanced water 

15 treatment, water supply management (such as res16 ervoir reoperation and water banking), or water de17 mand management technologies, projects, or proc18 esses (such as water reuse and recycling, adaptive 

19 conservation pricing, and groundwater banking) that 

20 maintain or increase water supply or improve water 

21 quality; 

22 (8) the modification or replacement of existing 

23 systems or the construction of new systems for exist24 ing communities or land currently in agricultural 
281 


35696.278

MAZ18416 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

S.L.C. 

248 

production to improve water supply, reliability, storage, or conveyance; 

(9) practices and projects, such as improved irrigation systems, water banking and other forms of 

water transactions, groundwater recharge, 

stormwater capture, groundwater col\iunctive use, 

and reuse or recycling of drainage water, to improve 

water quality or promote more efficient water use on 

land currently in agricultural production; 

(10) the reduction of flood damage, risk, and 

vulnerability through-

(A) the restoration of floodplains, wetlands, and uplands integral to flood management, protection, prevention, and response; 

(B) the modification of levees, floodwalls, 

and other structures to reduce risks associated 

with rising sea levels or to facilitate reconnection of rivers to floodplains, reduce flood stage 

height, and reduce damage to properties and 

populations; 

(C) providing for the acquisition and easement of flood-prone lands and properties in 

order to reduce damage to property and risk to 

populations; or 
282 


35696.279

l\IAZ18416 S.L.C. 

249 

1 (D) the promotion of land use planning 

2 that prevents future floodplain development; 

3 (11) carrying out studies or assessments to 

4 project how changing hydrologic conditions may im5 pact the future operations and sustainability of 

6 water systems; or 

7 (12) the development and implementation of 

8 measures to increase the resilience of water systems 

9 and regional and hydrological basins to rapid hydrotO logic change or a natural disaster. 

11 (d) APPLICATION.-To seek a grant under this sec-

' 

12 tion, the owner or operator of a water system shall submit 

13 to the Administrator an application that14 (1) includes a proposal of the program or 

15 project to be planned, designed, constructed, imple16 mented, operated, or maintained by the water sys17 tern; 

18 (2) cites the best available research or data that 

19 demonstrate20 (A) the risk to the water resources or in21 frastructure of the water system as a result of 

22 

23 

24 

25 

ongoing or forecasted changes to the 

hydrological system of a region, including rising 

sea levels and changes in precipitation patterns; 

and 
283 


35696.280

MAZ18416 S.L.C. 

250 

1 (B) how the proposed program or project 

2 would perform under the anticipated hydrologic 

3 conditions; and 

4 (3) eAlJlains how the proposed program or 

5 project is e}.lJected6 (A) to enhance the resiliency of the water 

7 system to the anticipated hydrologic conditions; 

8 or 

9 (B) to increase efficiency in the use of en10 ergy or water of the water system. 

11 (e) PUBLIC SPONSORSHIP OF PRIVATE ENTITIES.-

12 (1) IN GENERAL.-If an applicant for a grant 

13 under this section is not a State or local govern14 ment, an agency or instrumentality of a State or 

15 local government, or a Tribal government or consor16 tium of Tribal governments, the program or project 

17 to be planned, designed, constructed, implemented, 

18 operated, or maintained through the grant shall be 

19 publicly sponsored. 

20 (2) PUBLIC SPONSORSHIP.-A program or 

21 project shall be considered to be publicly sponsored 

22 under paragraph (1) if the applicant demonstrates, 

23 to the satisfaction of the Administrator, that24 (A) the applicant has consulted with the 

25 affected State, local, or Tribal government in 
284 


35696.281

MAZI8416 S.L.C. 

251 

1 which the program or project is located, or that 

2 is otherwise affected by the program or project; 

3 and 

4 (B) the government described in subpara5 graph (A) supports the program or project. 

6 (0 PRIORITY; DIVERSITY OF PROJECT TYPES.-In 

7 selecting recipients of a grant under this section, the AdS ministrator shall9 (1) give priority to owners or operators of water 

10 systemsIt (A) that are, based on the best available 

12 research and data, at the greatest and most im13 mediate risk of facing significant negative im14 pacts due to changing hydrologic conditions; 

15 and 

16 (B) whose proposed projects would most 

17 effectively deliver long-term solutions to those 

18 risks; and 

19 (2) ensure that grants are awarded each fiscal 

20 year for a diverse range of programs and projects 

21 described in paragraphs (1) through (12) of sub22 section (c). 

23 (g) COST-SHARING.-

24 (1) FEDERAL SHARE.-The Federal share of 

25 the cost of a program or project carried out using 
285 


35696.282

.MAZ18416 S.L.C . 

252 

1 a grant made under subsection (b) shall be not more 

2 than 75 percent. 

3 (2) CALCULATION OF NON-FEDERAL SHARE.-

4 In calculating the non-Federal share of the cost of 

5 a program or project under paragraph (1), the Ad6 ministrator shall7 (A) include the value of any in-kind serv8 ices that are integral to the completion of the 

9 program or project, including reasonable admin1 0 istrative and overhead costs; and 

11 (B) not include any other amount that the 

12 water system involved receives from the Federal 

13 Government. 

14 (h) REPORT TO CONGRESS.-Not later than 3 years 

15 after the date of enactment of this Act, the Administrator 

16 shall submit to Congress a report on progress in carrying 

1.7 out this section, including information on project applica18 tions received and funded annually. 

19 (i) AUTHORIZATION OF APPROPRL\TIONS.-There 

20 are authorized to be appropriated to carry out this section 

21 $12,500,000 for each of fiscal years 2019 and 2020. 
286 


35696.283

America's Water Infrastructure Act of2018 

***SUBSTITUTE*** 

Section-by-Section 

Sec.l. Short title; table of contents. 

Sec.2. Definition of Secretary. 

This section defines the "Secretary" under this Act as the Secretary of the Army. 

Sec.lOOl. Corps budgeting. 

This section requires that the United States Army Corps of Engineers (the Corps) headquarters 

and districts provide Congress with a work plan and four year projected budget on an annual 

basis. 

This section will provide an additional opportunity for projects or initiatives of regional, tribal or 

local significance to receive appropriations. This section amends the project qualification process 

by allowing the Corps to advance projects in a secondary process. The process will also increase 

public participation and increase transparency and accountability. 

Sec.1002. National Academy studies. 

This section requires the National Academy of Sciences to conduct studies to examine how the 

Corps can increase transparency in cooperating with Congress, State and local units of 

government, and local stakeholders, as well as other cost-share partners, government agencies, 

and stakeholders. 

This section also calls for studies to be conducted to determine whether the Congress should use 

a system-wide authorization process for water resources development projects (as opposed to a 

project-based process), and whether the present structure and organization of the Corps is the 

most effective for its continued operation or whether the Corps structure and organization should 

be modified. 

Sec.l003. GAO study on benefit-cost analysis reforms. 

This section requires that the Comptroller General of the United States (the Comptroller General) 

conduct and submit to Congress a study on the benefit-cost procedures of the Secretary and the 

Director ofOMB within 1 year after enactment of America's Water Infrastructure Act of2018. 

The study should include (1) an examination of the benefits that the Secretary and Director do 

and do not include in the benefit-cost calculation, as well as (2) an evaluation of navigation 

benefits included and not included in the calculation for non-commercial harbors for military 

training purposes. 
287 


35696.284

Sec. I 004. Transparency and accountability in cost-sharing for water resources projects. 

This section amends the current Corps cost-sharing requirements for feasibility studies and 

project construction to require that whenever a local cost-share is required for a water resources 

development project, each Corps district is required to maintain a balance sheet ofthe funding 

for the project. The Corps must provide the balance sheet to the non-Federal sponsor upon 

request. 

This section requires that if a project comes in under-budget, the relevant share of the funds must 

be credited back to the non-Federal sponsor in the appropriate cost-share ratio. Further, the nonFederal interest may use the excess funds as its cost-share for other Corps projects or its costshare for operation and maintenance of a project for which a non-Federal cost-share is required. 

Sec.lOOS. Non-Federal sponsor reimbursements. 

This section mandates that in the case of a project executed by the Secretary under an existing 

agreement resulting in the non-Federal sponsor having unreimbursed funds, on the request of the 

non-Federal sponsor, the Secretary has two options: to either (1) credit the unreimbursed funds to 

the non-Federal operation and maintenance cost-share for that project, or the non-Federal costshare requirement of that non-Federal sponsor for another project to be carried out by the 

Secretary or (2) reimburse the funds to the non-Federal sponsor. 

Sec.l 006. Challenge cost-sharing program for the management of recreation facilities. 

This section amends section 225( c) of WRDA 1992 so that a non-Federal private entity, like 

non-Federal public entities, may enter into cooperative agreements with the Secretary to collect 

user fees for the development of recreation sites and facilities. This would be regardless of 

whether the site and facilities were developed or constructed by the non-Federal entity or 

Department of the Army. 

Under this section a non-Federal private entity may potentially retain up to 100 percent of the 

collected fees, as determined by the Secretary, and must use them for the operation, maintenance, 

and management activities at the recreation site at which the fee is collected. 

The section also states that the non-Federal private entity is bound to all the same regulations and 

requirements as a non-Federal public entity. 

Sec.l 007. Cost estimates. 

This section amends section 2008 of WRDA 2007 in order to prevent the retroactive application 

of an increased non-Federal cost-share in situations where construction on a Corps project has 

already begun prior to the increase in non-Federal cost-share. 

2 
288 


35696.285

Sec.1008. Retroactive changes to cost-sharing agreements. 

This section addresses study costs incurred by a non-Federal interest prior to the execution of a 

feasibility cost-sharing agreement for an aquatic ecosystem restoration project under section 206 

ofWRDA 1996. 

Pursuant to this section of America's Water Infrastructure Act of2018, the entire study cost shall 

be at Federal expense as long as the study was initiated before October 1, 2006, and the 

feasibility cost-sharing agreement was not executed before January 1, 2014. 

Sec.1009. Project partnership agreements. 

This section directs the Secretary to better define and describe operation and maintenance, repair, 

replacement, and rehabilitation (OMRR&R) costs in future project partnership agreements so 

that a non-Federal sponsor understands its obligations. 

Sec.IOIO. Study and report on expediting certain waiver processes. 

This section mandates that the Secretary provide a report to the Committee on Environment and 

Public Works of the Senate and the Committee on Transportation and Infrastructure ofthe House 

of Representatives within 1 year of enactment of America's Water Infrastructure Act of2018. 

The report will concern how to improve and expedite the waiver process for the non-Federal cost 

share under section 116 of the Energy and Water Development and Related Agencies 

Appropriations Act of2010 (P.L. 11 1-85; 123 Stat. 2851). Communities with little economic 

base that cannot afford to raise a non-Federal cost-share use the waiver process. 

Sec. lOll. Feasibility studies for mitigation of storm damage. 

This section amends section 105(a)(l) ofWRDA 1986 in the case of a feasibility study for a 

project for the mitigation of damage to an area affected by weather or other events. If(!) the 

Secretary provided emergency response under section 5 of the Flood Control Act of 1941, or the 

area received disaster assistance under the Stafford Act during the 8-year period preceding the 

enactment of America's Water Infrastructure Act of2018, and (2) there is a significant risk for 

future similar events, then the Federal cost-share ofthe feasibility study will be between 50 and 

100 percent. 

Sec.1012. Extended community assistance by the Corps of Engineers. 

This section amends section 5(a) of the Flood Control Act of 1941 to provide disaster operations 

assistance for Indian tribes and Alaskan native corporations. It authorizes communities to 

petition the Secretary for assistance beyond the 30-day period of a project under 33 C.F.R. 

203.61(b)(8), and requires the Secretary to increase resiliency. It also allows the Secretary to 

reduce the minimum non-Federal cost-sharing requirement of 45 percent if the financial situation 

of the non-Federal sponsor of a project warrants a reduction, and stipulates that the Secretary 

may not impose a non-Federal cost-sharing requirement on a project serving a disadvantaged 

community (as defined in section 1452(d) of the Safe Drinking Water Act). 

3 
289 


35696.286

This section contains a sunset provision ending the authority of the Secretary to provide extended 

assistance 2 years after enactment of America's Water Infrastructure Act of2018. 

Sec.1013. Advanced funds for water resources development studies and projects. 

This section amends the Act of October 15, 1940. It expands the authority of the Secretary to 

accept funds from a State (as defined, to include a federally recognized Indian tribe or a tribal 

organization under 25 U.S.C. 5304) to carry out water resources projects so that it is applicable 

to all project purposes beyond flood risk management and navigation (e.g., aquatic ecosystem 

restoration, coastal storm damage reduction, etc.). 

Sec.1014. Implementation guidance. 

This section directs the Secretary to issue guidance to implement the provisions of the WRRDA 

2014 and WIIN 2016 within 120 days after the date of enactment of America's Water 

Infrastructure Act of 2018, unless a lack of appropriated funds prevents the issuance of 

implementation guidance. This requirement only applies to provisions ofWRRDA 20I4 and 

WIIN 2016 for which the Corps has not already issued implementation guidance as of enactment 

of America's Water Infrastructure Act of2018. 

Sec.1015. Implementation guidance for this Act. 

This section requires that any implementation guidance issued to carry out America's Water 

Infrastructure Act of 2018, or any amendments made by it with respect to a provision of law 

under the jurisdiction of the Secretary, must be issued within 1 year of enactment of America's 

Water Infrastructure Act of2018, and be subjected to public comment. The public comments and 

a review of their consideration shall be provided to the Committee on Environment and Public 

Works after issuance of the guidance. This section does not apply to a provision of law for which 

a lack of appropriated funds prevents the issuance of implementation guidance. 

Sec.1016. Easements for certain rural electric, telephone, and broadband service facilities. 

This section amends section 1172 of WIIN 2016. It requires that the Secretary grant an easement 

across water resources development project land for the electric, telephone, or broadband service 

facilities of a nonprofit organization that is eligible for financing under 7 U.S.C. 901 et. seq. The 

easement cannot interfere with the safe functioning of the project and the placement of the 

easement is at the Secretary's discretion. 

Sec.1017. Corps capabilities. 

This section states that the Secretary shall conduct the study currently authorized by section 936 

of WRDA 1986 and complete it within 1 year. The purpose is to study and evaluate the measures 

necessary to increase the capabilities of the Corps to undertake the planning and construction of 

water resources projects on an expedited basis and to comply with all requirements oflaw 

applicable to the Corps' water resources program. 

4 
290 


35696.287

Sec.l018. Project authorization funding lines. 

This section directs the Secretary to ensure that a project follows implementation requirements 

that apply to the business line under which it was originally authorized, in cases where a project 

is subsequently budgeted under a different business line. 

Sec.l019. Consolidation of studies; report. 

This section requires the Secretary to complete a study and report to Congress within 1 year of 

enactment of America's Water Infrastructure Act of2018 on potential unintended consequences 

of section 1002 ofWRRDA 2014. The goal is to ensure that section 1002 ofWRRDA 2014, as 

well as amendments made by that section, do not limit the Corps' available options to fund work 

related to feasibility scoping, project management planning, and review plan development. 

Section I 002 of WRRDA 2014 repealed requirements that the Corps of Engineers conduct a 

reconnaissance study prior to initiating a feasibility study. It also created an accelerated process 

that allows non-Federal project sponsors and the Corps to proceed directly to the feasibility 

study. At any point during a feasibility study, the Secretary can terminate the study when it is 

clear that a project in the public interest is not possible for technical, legal, or financial reasons. 

Sec.I020. Non-Federal study and construction of projects. 

This section amends section 203(e) of WRDA 1986 to clarifY that if the Federal portion of the 

cost-share is paid by a non-Federal interest, then the Corps is required to provide the requested 

technical assistance on any aspect of a feasibility study. Receipt of Corps technical assistance is 

not to be construed as an approval or endorsement of a feasibility report. It also does not 

abrogate the Secretary's independent responsibility to review the feasibility study for compliance 

with Federal laws and regulations and to make recommendations to Congress on the plan or 

design of the project. 

Sec.I021. Reports to Congress. 

This section requires that if the Secretary fails to provide a completed report or study called for 

under America's Water Infrastructure Act of 2018 by 180 days after the applicable date that 

$5,000 must be reprogrammed from the General Expenses account of the civil works program of 

the Corps, and an additional $5,000 each week thereafter. The total amount per study or report 

cannot exceed $50,000 in any fiscal year and the total amount reprogrammed per study or report 

cannot exceed $100,000. 

This section allows the Secretary to avoid the reprogramming of funds if the Secretary certifies 

to Congress that either a major modification has been made to the content of the report or study; 

funds to carry out the report or study were not appropriated; or additional information is required 

for the Corps to complete it in a timely manner. 

5 
291 


35696.288

Sec.1022. Disposition studies. 

This section requires that the Secretary carry out any disposition study for a Corps project in a 

transparent manner. This includes offering opportunities for public input during the study, and 

publishing and making publicly available final disposition studies. 

Sec.l023. Natural infrastructure. 

This section requires that in each feasibility study carried out by the Secretary for a flood risk 

management or hurricane and storm damage risk reduction project, the Secretary must consider 

the use of both traditional and natural infrastructure alternatives, alone or in conjuncture with 

each other, if those alternatives are practicable. 

Sec.l 024. Watercraft inspection stations. 

This section directs the Secretary to establish, operate, and maintain new or existing watercraft 

inspection stations intended to prevent the spread of aquatic invasive species. It increases to $3 0 

million the Corps' authorization for watercraft inspection stations on the Columbia River Basin. 

It also provides $30 million in authorized appropriations for inspection stations in the Upper 

Missouri River Basin. 

Sec.1025. Reauthorization of non-Federal implementation pilot program. 

This section extends the authorizations and authorizations of appropriations of the non-Federal 

implementation pilot programs at $50 million for each of fiscal years 2020 through 2021. These 

pilot programs evaluate the cost-effectiveness and project delivery efficiency of non-Federal 

interests carrying out feasibility studies and the construction of projects for flood risk 

management, hurricane and storm damage reduction, ecosystem restoration, and coastal harbor 

and channel and inland harbor navigation. 

Sec.1026. Project studies subject to independent peer review. 

This section extends the statutory obligation for the Secretary to carry out independent peer 

reviews during the development of feasibility studies for an updated total of seventeen years 

from November 8, 2007. 

The Secretary is also required to complete a report within I year of enactment of America's 

Water Infrastructure Act of2018. The report should analyze cost and time overruns for projects 

subject to section 2034 ofWRDA 2007; the effectiveness of peer review, and the extent to which 

planning problems are identified in the peer review process; and whether the Secretary plans to 

take actions to improve the general planning process to address planning problems identified in 

multiple reviews by Independent External Peer Review panels. The Secretary must submit the 

report to the Committee on Environment and Public Works of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives. 

6 
292 


35696.289

Sec.l027. Expedited consideration. 

This section extends through December 31, 2024, the expedited considerations procedure for the 

House and Senate so that they can consider authorization of certain water resource development 

or conservation projects outside of the regular WRDA authorization cycles. 

Sec.l028. WIFIA study. 

This section requires the Secretary to conduct a study on WIFIA implementation impediments. 

The study should look into the obstacles that need to be removed so that the Secretary can 

implement the Water Infrastructure Finance and Innovation Act (33 U.S.C. 3901 et seq.), 

identifY all projects that the Secretary determines are potentially viable to receive assistance, and 

identifY any amendments to the Act or other legislative or regulatory changes that would 

improve the Secretary's ability to implement the Act. The report must be submitted to the 

Committee on Environment and Public Works of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives no later than 1 year after 

enactment of America's Water Infrastructure Act of2018. 

Sec.l029. Enhanced development demonstration program. 

This section directs the Secretary to review the master plan and shoreline management plan for 

any lake described in section 3134 ofWRDA 2007. The purpose is to identify suitable areas for 

enhanced development, as defined. The Secretary is authorized under this section to lease 

Federal land under the Secretary's jurisdiction using competitive procedures. Such leases must 

require payment of at least fair market value; enter into a partnership agreement with the private 

sector; consider lease durations of up to 100 years; and consider regional economic impacts. The 

Secretary is also authorized to accept certain in-kind contributions as payment. 

This section also requires that the Secretary complete a study and submit to Congress within two 

years of enactment of America's Water Infrastructure Act of2018. The study should address the 

application of enhanced use leasing authorities, and other military leasing authorities to the 

Secretary's civil works program. The report must detail the results ofthis study, including a 

description of the obstacles that must be removed to implement the authorities. 

Sec.l030. Duplication of efforts. 

This section concerns the case of a project in which the non-Federal sponsor is working with an 

institution of higher education on a water resources project. In order to reduce duplicative efforts, 

the Secretary must consider hiring an institution of higher education or entity, in accordance with 

any applicable contract law, to provide assistance under section 22 of WRDA 1974 with respect 

to that same project. 

Sec.l031. Corps of Engineers Board of Appeals for certain water storage projects. 

This section creates a Board of Appeals for water storage projects undergoing consideration of a 

permit decision. The Board is made up oftwo representatives of state water development 

7 
293 


35696.290

commissions and agencies with water storage needs, two representatives of the Corps of 

Engineers, and one representative jointly selected by the Secretary and entities. The provision 

requires the District Engineer to develop and provide to the applicant a purpose and needs 

statement that describes whether it concurs with the purpose and need statement of the 

applicant. The applicant then has the opportunity to appeal the purpose and need statement. The 

provision also requires that all permit conditions be provided to the applicant in advance of a 

permit decision. The applicant then has the opportunity to appeal the conditions prior the District 

Engineer's permit decision. 

Sec.1032. Sense of Congress relating to local role in Corps projects. 

This section states the sense of Congress that in a case in which a local non-Federal interest takes 

on what is normally a Federal responsibility for certain operation, maintenance, or capital 

improvement expenses of a project of the Secretary, the expenditure of such funds by a local 

non-Federal interests results in savings to Federal taxpayers. 

Sec.1033. Sense of Congress relating to study of water resources development projects by 

non-Federal interests. 

This section states the sense of Congress that the amendment to section 203 ofWRDA 1986 

made by section 1126 ofWIJN 2016, which concerns study of water resources development 

projects by non-Federal interests, was intended to supersede any conflicting laws. 

Sec.1034. Sense of Congress relating to project partnership agreements. 

This section states the sense of Congress that the Secretary should simplifY and expedite the 

process for including in-kind work in project partnership agreements to allow for more flexibility 

for potential changes to in-kind work, and to delegate approval for project partnership 

agreements to the District Engineer where practicable. 

Sec.1035. Sense of Congress relating to encouraging resilient techniques and habitat 

connectivity in ecosystem restoration. 

This section states the sense of Congress that the Secretary should ensure that Corps 

infrastructure can endure extreme weather, mitigate flooding and other negative impacts on 

communities, and provide a significant return on investment by encouraging the use of resilient 

structural or nonstructural construction techniques; and clarifYing that nonstructural approaches, 

techniques, and alternatives including natural and nature-based solutions. 

Sec.1036. Alterations to local flood control projects. 

This section provides the District Engineer of each district of the Corps, or the Secretary if 

requested by the applicant, with the authority to implement existing authorities to approve 

alterations to local flood control projects in accordance with 33 C.F.R. 208.10, and all other 

applicable laws (including regulations) relating to flood control. 

8 
294 


35696.291

Sec.1037. Non-Federal construction. 

This section requires the Secretary to transfer all relevant data and documentation with respect to 

a water resources development project to the non-Federal interest that will be carrying out a 

water resources development project under section 204(b) ofWRDA 1986 within 90 days of 

receiving such a request. Additionally, the Secretary must provide technical assistance upon the 

non-Federal interest's request, so the non-Federal interest has an opportunity to obtain permits in 

the most expeditious manner possible. 

Sec.1038. Contributed funds for non-Federal reservoir operations. 

This section amends section 5 of the Flood Control Act of 1936 to authorize the Secretary to 

receive contributed funds from an owner of a non-federal reservoir (in addition to a state or 

political subdivision thereof, or other non-federal interest) 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 risk management or navigation 

pursuant to section 7 of the Act of December 22, 1944. 

Sec.1039. Mitigation bank credit release schedules. 

This section requires the Secretary, in coordination with the EPA Administrator, to issue 

guidance for the development of mitigation bank credit release schedules. The goal is to release 

such credits as soon as available to help expedite permit evaluations under section 404 of the 

Clean Water Act for proposed projects awaiting the release of credits. 

Sec.1040. Innovative materials report. 

This section requires the Secretary to submit to Congress a report within 1 year of enactment of 

America's Water Infrastructure Act of2018 that describes activities conducted at all Corps of 

Engineers technology, research and development related facilities and organizations relating to 

the testing, research, development, identification, and recommended uses for innovative 

materials in water resources projects. The report will also provide recommendations for which 

innovative materials should be used in water resources projects. 

Scc.1041. Updates to benefit-cost analysis. 

This section states that the Secretary cannot perform or update a benefit-cost analysis of a project 

once construction has commenced. 

Sec.1042. Local government water management plans. 

This section requires the Secretary, with the consent of the non-federal sponsor of a feasibility 

study for a water resources development project, to allow a unit of a local government in a 

watershed that has adopted a water management plan to participate in the feasibility study to 

determine if there is an opportunity to include additional elements to the project to help achieve 

the purposes identified in the local or regional water management plan. 

9 
295 


35696.292

Sec.1043. Access to real estate data. 

This section requires the Secretary to make publically available as soon as practicable all real 

estate assets of the Corps, as well as other Federal real estate assets owned, operated, managed, 

regulated, or in its custody. This requirement is inapplicable to information the Secretary deems 

to be confidential, privileged, national security information, or that is otherwise prohibited by 

law. 

Sec.1044. Advanced funds for discrete segments. 

This section permits the Secretary to accept and expend funds from a non-Federal interest to 

carry out a discrete segment of an authorized navigation project if it is technically feasible and 

environmentally acceptable and it can be operated independently without creating a hazard in 

advance of completion of the project. These advanced funds can be credited by the Secretary 

towards the non-Federal share of the project's cost. 

Sec.1045. Inclusion of non-Federal interests in project consultations. 

This section states that the non-Federal interest for a water resources development study or 

project must be given the opportunity to participate in all consultations with Federal and State 

agencies and Indian Tribes required by Federal law. It also addresses the solicitation of, and the 

extent of that consideration of the non-Federal interest's views, as well as the obligation ofthe 

Secretary to require the applicable District Commander to engage in consultation with a nonFederal interest throughout the course of a study or project. Consultation includes notification to, 

working with, and addressing the concerns of the non-Federal sponsor. 

Sec.1046. Categorical exclusions. 

This section amends section 2045 of WRDA 2007 to require that within 180 days of enactment 

of America's Water Infrastructure Act of2018 that the Secretary survey the use by the Corps of 

categorical exclusions of projects since 2014. 

It also requires that no later than I year after enactment of America's Water Infrastructure Act of 

2018, if the Secretary has identified a category of activities that merit establishing a categorical 

exclusion that did not exist on the day before enactment of America's Water Infrastructure Act 

of2018, the Secretary must publish a notice of proposed rulemaking to propose that new 

categorical exclusion in conformance with the criteria under 4 C.F.R. 1508.4 (as in effect on the 

date of enactment of America's Water Infrastructure Act of2018). 

Sec.1047. Geomatic data. 

This section requires that a department or agency considering an aspect of an application for 

Federal authorization that requires the submission of environmental data shall consider any such 

data submitted by the applicant that was gathered through geomatic techniques. The applicable 

agency may grant conditional approval for Federal authorization contingent on the verification of 

the geomatic data by subsequent onsite inspection. 

10 
296 


35696.293

Sec.I048. Completion of feasibility studies. 

This section addresses feasibility studies initiated by the Secretary under section 905(a) of 

WRDA 1986, following the enactment of America's Water Infrastructure Act of20!8. It sets the 

goal of completing a feasibility study within 2 years. In carrying out these specified feasibility 

studies, the Secretary must exercise all existing flexibilities under and exceptions to any 

requirement administered by the Secretary. In addition, the Secretary must further provide 

additional flexibilities or expedited processing with respect to exercising all existing flexibilities 

under and exceptions to any requirement administered by the Secretary to complete the 

feasibility study within the 2-year goal timeframe. 

Sec.2001. Authorization of proposed feasibility studies. 

This section authorizes the Secretary to conduct feasibility studies for 9 projects for water 

resources development that were submitted to Congress in an annual Report to Congress on 

Future Water Resources Development pursuant to section 700! of the Water Resources Reform 

and Development Act of2014, or otherwise reviewed by Congress. 

(I) Lower Mississippi River, Arkansas, Kentucky, Louisiana, Missouri, Mississippi, and 

Tennessee 

(2) Ouachita-Black Rivers Navigation Project 

(3) San Diego River !, 2, and 3 Levee System 

( 4) N orthshore Flood Risk Reduction, Louisiana 

(5) St. Louis Riverfront-Meramec River Basin, Missouri 

(6) Chautauqua Lake, New York 

(7) Trinity River and Tributaries, Texas 

(8) Coastal Virginia Water Resources, Virginia 

(9) Tangier Island, Virginia 

Sec.2002. Lower Missouri River Bank stabilization and navigation. 

This section authorizes the Secretary to conduct a study on the function and reliability of the 

Lower Missouri River Bank stabilization and navigation project. 

Sec.2101. Savannah Harbor expansion project. 

This section increases the appropriations authorized for the Savannah Harbor expansion project 

due to project cost increases documented in a signed section 902 Post Authorization Change 

Report. 

Sec.2102. Deauthorization of Svcnsen Island. 

This section deauthorizes the project for Svensen Island, Oregon, as of the date of enactment of 

America's Water Infrastructure Act of2018. 

lJ 
297 


35696.294

Sec.2103. Whittier Narrows study. 

This section requires a study by the Secretary regarding the Whittier Narrows Dam Project to 

evaluate the impacts of removing I percent of the flowage spreading grounds from the flood 

control easement. The Secretary must both complete the study and submit a report to Congress 

describing the results within one year of enactment of America's Water Infrastructure Act of 

2018. 

Sec.2104. West Tennessee tributaries project, Tennessee. 

This section deauthorizes the West Tennessee tributaries project along the Obion and Forked 

Deer rivers and tributaries, as of the date of enactment of America's Water Infrastructure Act of 

2018. 

Sec.2105. Bridgeport Harbor-Pequonnock River navigation project, Connecticut. 

This section deauthorizes the Bridgeport Harbor-Pequannock River navigation project north of 

Congress Street in the City of Bridgeport, Connecticut, as of the date of enactment of America's 

Water Infrastructure Act of2018. 

Sec.2106. Levees L-212 and L-231, Four River Basin, Ocklawaha River, Florida. 

This section deauthorizes from the federal inventory levees L-212 and L-231, which are two 

components of the federal Four River Basins Project in Florida, as of the date of enactment of 

America's Water Infrastructure Act of2018. 

Sec.2107. Corps of Engineers bridge repair and divestiture program for New England 

evacuation routes. 

This section allows the Secretary to repair or replace bridges in New England owned and 

operated by the Secretary that are necessary for evacuation routes in natural or manmade extreme 

weather events, subject to appropriations. To the maximum extent practicable, the Secretary 

must transfer each bridge to a willing non-Federal entity after the completion of the repair or 

replacement of the bridge. Thereafter, the non-Federal entity shall assume ownership and 

responsibility for the operation and maintenance of the bridge. 

Sec.21 08. Boston Harbor reserved channel deauthorizations. 

This section deauthorizes portions of the Boston Harbor, Massachusetts, navigation project 

authorized by the first section of the Act of October 17, !940, as amended. 

Sec.2109. Project deauthorization and study extensions. 

Subsection (a) extends the period for deauthorization of projects under section 6003(a) of 

WRRDA 2014 from 7 to I 0 years. The Secretary must not count any period of time during which 

12 
298 


35696.295

the project's locally preferred plan under section 1036(a) is being reviewed by the Corps and 

awaiting a decision by the Secretary. 

Subsection (b) extends the period for deauthorization of studies under WRRDA 2014 section 

1001(d)(4) from 7 to 10 years. 

Sec.2IIO. Deauthorization of inactive studies. 

This section's purpose is to identify for deauthorization $7.5 billion dollars in unviable feasibility 

studies for water resources development projects that lack local support, lack available Federal or 

non-Federal resources, or have an authorizing purpose that is no longer relevant or feasible. 

Qualifying studies must not have received Federal funds during the 1 0-year period preceding 

enactment of America's Water Infrastructure Act of2018. Further, the Secretary must solicit 

comments from the public and the Governor of each applicable State on the interim and 

proposed final deauthorization lists. After the close of a 90-day comment period on the proposed 

final deauthorization list, the Secretary shall submit a final deauthorization list within 120 days 

to the Committee on Environment and Public Works of the Senate and the Committee on 

Transportation and Infrastructure of the House ofRepresentatives. 

This section states that a feasibility study on the final deauthorization list will be deauthorized 

unless Congress passes a joint resolution of disapproval of the final list prior to the end of the 

180-day period beginning on the date of submission of the final list. Additionally, a feasibility 

study shall not be deauthorized if the non-Federal interest for the feasibility study provides 

adequate funds to complete the feasibility study. 

Sec.2111. Certain disposition studies. 

This section requires the Secretary to consider modifications that would improve the overall 

quality of the environment in the public interest, including removal of the project or a separable 

element of the project, when carrying out a disposition study under section 216 of the Flood 

Control Act of 1970. 

Sec.2112. Locks and dams I through 4, Kentucky River, Kentucky. 

This section deauthorizes Kentucky River locks and dams I through 4 as of enactment of 

America's Water Infrastructure Act of201 8. It conveys the project in "as in" condition to 

Kentucky for use and benefit of the Kentucky River Authority. It also requires that any 

conveyance include that the State holds the United States harmless from any liability resulting 

activities on the property. 

Sec.2113. Kissimmee River restoration. 

This section authorizes the Secretary to credit work performed or to be performed by the nonFederal sponsor as an in-kind contribution under section 221(a)(4) of the Flood Control Act of 

1970, in accordance with the report dated April27, 2018, relating to the project for ecosystem 

restoration, Kissimmee River, Florida, authorized by section 101(8) ofWRDA 1992. 

!3 
299 


35696.296

Sec.2114. Norfolk Harbor and channel, Thimble Shoal widening, Virginia. 

This section authorizes the Secretary to carry out modifications to the project for navigation, 

Norfolk Harbor and channel Thimble Shoal widening, Virginia. 

Sec.2201. Project authorizations. 

This section authorizes 6 Chiefs Reports: 

Navigation-

(!) Houston-Galveston Navigation Channel Extension 

Flood Risk Management-

(!) Ala Wai Canal 

(2) Mamaroneck-Sheldrake Rivers 

Hurricane and Storm Damage Risk Reduction-

(!) St. Johns County 

(2) St. Lucie County 

(3) Sabine Pass to Galveston Bay 

Sec.2202. McMicken Dam, Arizona, and Muddy River, Massachusetts. 

This section requires the Secretary to complete a study on the status of the projects at McMicken 

Dam, Arizona, and the project for flood damage reduction and environmental restoration, Muddy 

River, Brookline and Boston, Massachusetts. The Secretary must submit a report to Congress 

within 180 days of enactment of America's Water Infrastructure Act of2018 that includes a 

description of the reasons ofthe Secretary for deauthorizing the two projects and, if practicable, 

a description of conditions needed by the Secretary to reauthorize the two projects. 

Sec.2203. Environmental infrastructure projects. 

This section amends section 219(f) of WRDA 1992 to authorize cost increases to specific 

projects: it raises the appropriations authorization level to $90 million for the Lake Marion 

Regional Water Agency/Lake Marion and Moultrie environmental infrastructure project; it raises 

the appropriation authorization level to $70 million for the Harbor/South Baywater recycling 

project; and it authorizes appropriations in the amount of$16 million for wastewater 

infrastructure in Charlotte County, Florida. 

This section also amends section 2!9 ofWRDA !992 by adding a subsection (g) requiring the 

Secretary to consider and complete an assessment for the Macomb County, Michigan, 

wastewater project and the Milwaukee and Shorewood, Wisconsin, wastewater project. 

!4 
300 


35696.297

Sec.2204. Conditional reauthorization of environmental projects. 

This section prevents the deauthorization of described environmental projects for fiscal years 

2019 through 2021, if the Secretary receives from the project sponsor a written request for the 

extended authorization within 90 days of enactment of America's Water Infrastructure Act of 

2018. 

Sec.2205. Sense of Congress relating to West Haven, Connecticut. 

This section states the sense of Congress that the Secretary should prioritize the project for storm 

damage reduction for West Haven, Connecticut, to the maximum extent practicable. 

Sec.2206. Coastal Texas study. 

This section states that the Secretary shall expedite the completion of studies for flood damage 

reduction, hurricanes and storm damage reduction, and ecosystem restoration in the coastal areas 

of Texas identified in the upcoming Corps Tentatively Selected Plan resulting from the Coastal 

Texas Study due in 2018, notwithstanding any other provision oflaw. 

Sec.2301. Rahway River Basin flood risk management project. 

This section requires the Secretary to give priority funding and expedite completion of the report 

for the project for flood risk management, Rahway River Basin, New Jersey. If the Secretary 

determines that the project is justified in the completed report, the Secretary is to proceed 

directly to project preconstruction, engineering, and design in accordance with section 910 of 

WRDA 1986. 

Sec.2302. Hudson-Raritan Estuary Comprehensive Restoration Project. 

This section states that the Secretary shall expedite completion of the Hudson-Raritan Estuary 

Comprehensive Restoration Project in a timely manner in accordance with section 1322(b)(2)(C) 

ofWIIN 2016. 

Sec.2303. Certain projects in Rhode Island. 

This section states that the Secretary shall adhere to the proposed schedules and avoid delays to 

the extent practicable with respect to the project for navigation, Providence River, Rhode Island; 

the feasibility study for the project for coastal storm risk management, Pawcatuck River, Rhode 

Island; and the Rhode Island historical structure flood hazard vulnerability assessment. 

Sec.2304. Cedar River, Iowa. 

This section states that the Secretary shall expedite the project for flood risk management at 

Cedar River, Cedar Rapids, Iowa, authorized by section 7002(2) ofWRRDA 2014. 

15 
301 


35696.298

Sec.2305. Plymouth Harbor, Massachusetts. 

This section states that the Secretary shall expedite and complete the dredging of the Plymouth 

Harbor in Massachusetts so that ships can get into and out of the Harbor no later than the 

celebration of the 400th anniversary of the voyage of the Mayflower. 

Sec.2306. Brandon Road study. 

This section states that the Secretary shall complete a final feasibility report for the Great Lakes 

Mississippi River Interbasin Study (GLMRIS) Brandon Road Study by the original deadline of 

February 2019. 

Sec.2307. Central Everglades Planning Project. 

This section states that the Secretary shall expedite construction of a reservoir south of Lake 

Okeechobee as part of the Central Everglades Planning Project authorized under section 1401(4) 

ofWIIN 2016. 

Sec.2308. Portsmouth Harbor and Piscataqua River. 

This section states that the Secretary shall expedite the Portsmouth Harbor and Piscataqua River 

Navigation Improvement Project. 

Sec.2309. Blain Road footbridge, Thompson, Connecticut. 

This section states that that the Secretary shall proceed with reviewing design plans for the Blain 

Road footbridge over West Thompson Lake, Thompson, Connecticut. 

Sec.2310. Table Rock Lake, Arkansas and Missouri. 

This section states that the Secretary shall follow the current law under section 1185 of WIIN 

2016 with respect to the Table Rock Lake Master Plan and Table Rock Lake Shoreline 

Management Plan, for Table Rock Lake, located in Missouri and Arkansas. 

Section 1185 ofWIIN 2016 required that the Secretary lift or suspend the moratorium on the 

issuance of new, and modifications to existing, shoreline use permits based on the existing 

Master Plan and Management Plan. That section also entailed that an oversight committee be 

established to review permits and advise the Corps on revisions to the master plan and 

management plan-the oversight committee has not yet been implemented. 

Sec.2311. McCook Reservoir, Illinois. 

This section states that the Secretary shall consider McCook Reservoir project as a priority for 

implementation under section 1043(b) ofWRRDA 2014. 

16 
302 


35696.299

Sec.2312. Baptiste Collette Bayou study, Louisiana. 

This section states that that the Secretary shall expedite the review for the navigation channel 

deepening study, Baptiste Collette Bayou, Louisiana, under section 203 ofWRDA 1986. 

Sec.2313. Morganza to the Gulf, Louisiana. 

This section states that the Secretary shall expedite completion of the project for hurricane and 

storm damage risk reduction, Morganza to the Gulf, authorized by section 7002(3) ofWRRDA 

2014. 

Sec.2314. Louisiana Coastal Area. 

This section states that the Secretary shall expedite completion of the project for environmental 

restoration, Louisiana Coastal Area, Louisiana, authorized by section 7002(5) ofWRRDA 2014. 

Sec.2315. Louisiana Coastal Area-Barataria Basin Barrier. 

This section states that the Secretary shall expedite completion of the project for environmental 

restoration, Louisiana Coastal Area Barataria Basin Barrier, Louisiana, authorized by section 

7002(5) ofWRRDA 2014. 

Sec.2316. West Shore Lake Pontchartrain, Louisiana. 

This section states that the Secretary shall expedite completion of the project for hurricane and 

storm damage risk reduction, West Shore Lake Pontchartrain, Louisiana, authorized by section 

1401(3) ofWIIN 2016. 

Sec.2317. Southwest Coastal Louisiana. 

This section states that the Secretary shall expedite completion of the project for hurricane and 

storm damage risk reduction and ecosystem restoration, Southwest Coastal Louisiana, Louisiana, 

authorized by section 1401(8) ofWIIN 2016. 

Sec.2318. New York-New Jersey Harbor and Tributaries feasibility study. 

This section states that, not later than ninety days after the date of enactment of this Act, the 

Secretary shall complete the New York-New Jersey Harbor & Tributaries Focus Area Feasibility 

Study authorized by the first section ofthe Act of June 15, 1955. 

Sec.2319. Lower Brule shoreline stabilization project. 

This section states that the Secretary shall carry out a project for shoreline stabilization on the 

Lower Brule Reservation, South Dakota, pursuant to section 203 of the WRDA 2000. The 

Federal share of the cost of each separable element of the project cannot surpass $10 million. 

17 
303 


35696.300

Sec.2320. Hampton Harbor, New Hampshire, navigation improvement project. 

This section states that the Secretary shall use all existing authorities of the Secretary to mitigate 

severe shoaling in carrying out the project for navigation, Hampton Harbor, New Hampshire. 

Sec.2321. New Jersey and Delaware Back Bays Coastal Storm Risk Management. 

This section requires that the final feasibility report for coastal storm management, back bays, 

New Jersey, should be completed within six years after the date of initiation of the feasibility 

study for the project. 

Sec.2322. Minnesota locks and dams divestment study. 

This section requires that the Secretary expedite completion of the ongoing disposition study 

regarding the divestiture oflocks and dams in Minneapolis, Minnesota, that are part of the Upper 

St. Anthony Falls Lock and Dam. In completing this study, the Secretary shall include an 

examination of the possibility of the partial divestiture of the locks and dams, an examination of 

possible changes in lock and dam use of those locks and dams, and a plan to expedite divestiture 

of those locks and dams. The Secretary may also produce separate reports for each lock and dam 

therein describing the results of the study. 

This section authorizes the Secretary to accept and expend funds to carry out the study that are 

contributed by a State or a political Subdivision of the State under the Act of October 15, 1940. 

Sec.2323. Houma Navigation Canal, Louisiana. 

This section requires that the Secretary expedite the review for the study for navigation and 

channel deepening, Houma Navigation Canal, Louisiana. 

Sec.3001. Corps of Engineers continuing authorities program. 

This section amends existing laws to provide for an increase in authorized appropriations for the 

Corps' Continuing Authorities Programs under sections 103, 111, 205, and 1135 by 

approximately 50 percent, and also increases the per project amounts under these programs by 50 

percent. This section also provides a 25 percent increase in authorized appropriations for each of 

the Corps' Continuing Authorities Programs under sections 107, 204 and 206, and an increase in 

the per project amount under these programs by 25 percent. 

This section includes language specifying under section 1135 ofWRDA 1986 (33 U.S.C. 

2309a), the Secretary should prioritize those projects in the Upper Missouri River Basin that 

restore degraded ecosystems through the modification of existing flood management projects. 

This section also provides for a 25 percent increase for emergency stream bank and shoreline 

protection under section 14 of the Flood Control Act of 1946, as well as a 50 percent increase in 

the maximum available amount per single locality for any one fiscal year. The Secretary is 

18 
304 


35696.301

required to give funding priority to areas recovering from high water levels or flooding that has 

taken place within 24 months. 

Sec.3002. Sense of Congress relating to continuing authorities program. 

This section states that it is the sense of Congress that Continuing Authorities Programs should 

receive full appropriations each fiscal year. 

Sec.3003. Report relating to availability of prioritized CAP projects. 

This section reinforces section l 030 of WRRDA 2014, requiring the Secretary to make both the 

list of prioritized CAP projects and the annual report required on the status of each CAP 

program, thereunder, available via the Federal Register and on a publicly available website. 

Sec.3101. GAO Study on navigation and ecosystem sustainability program. 

This section authorizes the Comptroller General to conduct a study on the Navigation and 

Ecosystem Sustainability Program, including determining what obstacles need to be removed to 

implement this program in an expeditious manner. The study must be completed and submitted 

to Congress within I year of enactment of America's Water Infrastructure Act of2018. 

Sec.3102. McClellan-Kerr Arkansas River Navigation System. 

This section states that for the purposes of project continuation, prior funding for the McClellanKerr Arkansas River Navigation system from appropriations acts enacted prior to 2009 shall be 

deemed to have come from construction related accounts. Further, nothing in this section may be 

deemed to alter the existing prioritization for Inland Waterway Trust fund activities. 

Sec.3111. Beach renourishment and shoreline protection demonstration program. 

This section directs the Secretary to establish a demonstration program within 90 days of 

enactment of America's Water Infrastructure Act of2018. It will consist of no more than 5 

projects for beach nourishment and shoreline protection along the Mid-Atlantic Coast of the 

United States. 

This section establishes criteria for project selection for the demonstration program, as well as 

criteria and other considerations for its implementation. Associated cost-sharing requirements 

will be those applicable to beach renourishment and shoreline protection projects, and an annual 

report is required that includes findings and recommendations of the Secretary based on the 

projects completed under the demonstration program. 

This section authorizes $75 million to carry out this demonstration program until expended and it 

terminates the demonstration program after the completion of 5 projects. 

19 
305 


35696.302

Sec.3112. Authorization of appropriations for purchase of mat sinking unit. 

This section authorizes $125 million in appropriations to fund the Secretary's purchase of a mat 

sinking unit to maintain the Mississippi River channel and prevent channel migration, support 

uninterrupted river commerce, prevent threats to levees, and provide for the public's safety. 

Sec.3113. Mat sinking unit. 

This section states the sense of Congress that the Corps should consider entering into a lease to 

purchase when considering the least cost alternative for purchasing a mat sinking unit. 

Sec.3114. Sense of Congress for Kennebec River federal navigation channel. 

This section states the sense of Congress that periodic maintenance dredging of the Kennecbec 

River Federal Navigation Channel should be prioritized, based on a joint plan that is being 

developed by the Secretary and the Secretary of the Navy. 

Sec.3115. Sense of Congress for Wilmington Harbor dredging. 

This section states the sense of Congress that the Secretary should prioritize annual dredging for 

the harbor in Wilmington, Delaware. 

Sec.3116. Port of Arlington. 

This section would amend the existing authorization to allow the Secretary to reimburse the Port 

of Arlington up to $3.2 million for expenses incurred by the Port in the construction of its dock 

and the ensuing revocation of the associated regulatory permit. 

Sec.3117. Pearl River Basin demonstration program. 

This section directs the Secretary to establish a demonstration program to allow a project 

authorized under section 211 of WRDA 1996 to begin preliminary engineering and design (PED) 

after the completion of a feasibility study and an environmental impact statement for the project. 

For each project authorized to begin PED under the demonstration program, the project must 

conform to the final feasibility study and environmental impact statement (E1S) for the project 

and the Secretary and the non-Federal sponsor must jointly agree to the construction design of 

the project. Repayment by the non-Federal sponsor is required if the project does not receive a 

favorable Chiefs Report. The Secretary's authority to carry out the demonstration program 

terminates 5 years after enactment of America's Water Infrastructure Act of2018. 

Sec.3118. Expedited initiation. 

This section amends section 1322(b)(2) ofWilN 2016 to direct the Secretary to not only give 

priority funding and expedite completion of the reports for certain listed projects listed therein, 

but also immediately initiate PED for the project once the general revaluation report has been 

submitted to the Major Subordinate Command for approval. 

20 
306 


35696.303

Sec.3119. Beneficial use of dredged sediment. 

This section ensures that an easement for a beach nourishment project that does not require 

regular nourishment does not exceed the anticipated lifecycle of the project by more than 200 

percent. 

Sec.3120. Rule for beach nourishment and shoreline protection projects. 

This section states that in the case of any beach nourishment or shoreline protection project, the 

Secretary shall proceed with the project as long as the benefits ofthe project are equal to or 

greater than the costs of the project. 

Sec.3121. Report on debris removal. 

This section requires that within 180 days of enactment of America's Water Infrastructure Act of 

2018 that the Secretary report to Congress to what extent the Corps has used its authority to 

remove debris from federal channels and adjacent waters. The report must also describe how the 

Secretary has evaluated potential debris removal projects and detail recommendations for a pilot 

program to implement the limits ofthis authority. 

Sec.3122. Cape Arundel Disposal Site, Maine. 

This section authorizes the Cape Arundel Disposal Site for dredge material disposal to remain 

open until the earliest either of the date on which the Site does not have any remaining disposal 

capacity, the date upon which the EIS designating an alternative dredge material disposal site for 

southern Maine has been completed, or through December 31, 2021. 

Sec.3123. Delaware River navigation project. 

This section amends section 1131(3) ofWRDA 1986 by increasing the existing 10 foot height 

limit authorization to 35 feet for the deposit of dredge material from the Delaware River, 

Philadelphia, navigation project. 

Sec.3124. Sense of Congress relating to erosion on the banks of the Ohio River near 

Clarksville, Indiana. 

This section states the sense of Congress that the Secretary may use its authority under section 9 

of the Flood Control Act of 1946 to remedy the erosion issues on the Ohio River near 

Clarksville, lndiana. 

Sec.3201. Certain levee improvements. 

This section states that where Corps-owned levees are tied hydraulically to community-owned 

levees, the Secretary is encouraged to cooperate with non-Federal sponsors on ways to 

implement necessary improvements to the Federal project. 

21 
307 


35696.304

Scc.3202. Reba bilitation of Corps of Engineers constructed dams. 

This section raises the per project cost limit under section 1177 ofWIIN 2016 from $10 million 

to $40 million for rehabilitation of pre-1940 Corps constructed dams to address aging flood 

control reservoirs constructed or contributed to by the Corps. lt also increases the authorization 

of appropriations to carry out section 1177 to $40 million for each of fiscal years 2017 through 

2026. 

Sec.3203. Non-Federal dams. 

This section authorizes the Secretary to accept non-Federal funds from the owners of nonFederal dams for the review and revision of water operations manuals and flood control curves 

where the Corps regulates the non-Federal facilities for flood control under section 7 of the 

Flood Control Act of December 22, 1944. 

Scc.3204. Reauthorization of National Dam Safety Program Act. 

This section extends the authorization of appropriations for the National Dam Safety Program 

Act at $13.9 million for each of fiscal years 2020 through 2021. The Federal Emergency 

Management Agency's Dam Safety Program includes the development of a dam safety education 

and awareness initiative to assist the public in preparing for, mitigating for, responding to, and 

recovering from dam incidents. 

Sec.3205. Sense of Congress relating to implementation guidance for dam safety repair 

projects. 

This section states the sense of Congress that the Corps should expeditiously issue 

implementation guidance for section 1139 of WliN for dam safety repair projects. 

Scc.3206. Reauthorization of national levee safety program. 

This section extends the authorization of appropriations for the national levee safety program for 

fiscal years 2020 through 2021, for a total of$158 million. This national levee safety initiative 

includes the establishment of voluntary levee safety guidelines and technical assistance to states 

to create local levee safety programs. 

Scc.3207. Reauthorization of lock operations pilot program. 

This section extends the authorization of the lock operations pilot program for the acceptance 

and expenditure of funds contributed by non-Federal interests until June l 0, 2024. This 

authorizes the acceptance and expenditure of funds contributed by non-Federal interests to 

operate and maintain specific locks located on the nation's inland waterways transportation 

system. 

22 
308 


35696.305

Sec.3208. Restricted areas at Corps of Engineers dams. 

This section extends the prohibition against the Secretary from installing permanent barriers or 

restricting public access ("Freedom to Fish") in the vicinity of the ten dams on the Cumberland 

River in Kentucky and Tennessee for 5 years after enactment of America's Water Infrastructure 

Actof2018. 

Sec.3209. Certain Bureau of Reclamation dikes. 

This section establishes the Federal share of the operations and maintenance costs of a dike at 

I 00 percent for those owned by the Bureau of Reclamation on the date enactment of America's 

Water Infrastructure Act of2018, the construction of which was completed by December 31, 

1945, and a corrective action study for which was completed not later than December 31, 2015. 

Sec.3210. Rehabilitation of high hazard potential dams. 

This section amends section SA of the National Dam Safety Program Act to require that a nonFederal sponsor demonstrate, as a condition of receiving assistance, that an emergency action 

plan is in place to protect life and property in the area potentially affected by a breach of the 

dam. Emergency action plans must address incident detection, evaluation, and emergency level 

determination; notification and communication; emergency actions; termination and follow-up; 

and public education and awareness of the emergencyaction plan. 

Sec.3211. Maintenance of high risk flood control projects. 

This section requires that in any case in which the Secretary has assumed responsibility for the 

maintenance of a class III project under the Dam Safety Action Classification of the Corps of 

Engineers and as ofthe date of enactment of America's Water Infrastructure Act of 2018, the 

Secretary shall continue to be responsible for the its maintenance until the earlier ofthe Secretary 

determines that the project has been modified to reduce the risk and the project is no longer 

classified as a class III, or 15 years after the enactment of America's Water Infrastructure Act of 

2018. 

Sec.3301. Authority to make entire active capacity ofFontenelle Reservoir available for 

use. 

This section authorizes the Secretary of the Interior, in consultation with the State of Wyoming, 

to amend the Definite Plan Report for the Seedskadee Project, which was authorized under 43 

U.S.C. 620. The project provides water storage and regulation on the Green River and generates 

power for municipal and industrial use, as well as wildlife and recreational benefits. 

The goal is to amend the Definite Plan Report to provide for the study, design, planning and 

construction activities that will enable the use of all active storage capacity ofFontenelle Dam 

and Reservoir, including the placement of sufficient riprap to allow the active storage capacity of 

the reservoir to be used for the authorized purposes of the Seedskadee Project. The Secretary of 

the Interior may enter into agreements necessary to carry out these activities and the State of 

Wyoming must provide the Secretary with funds for any such activities providing additional 

23 
309 


35696.306

storage at Fontenelle Dam and Reservoir. 

Sec.3302. Pricing of water storage contracts. 

This section requires Secretary to price each water storage contract entered into at fair market 

value. Such pricing will not exceed 110 percent of the lowest-contracted price at any Corps 

facility located within 50 miles of the water source covered by the contract, as adjusted for 

inflation. 

Sec.3303. Report on water supply contract, Wright Patman Lake, Texas. 

This section requires the Secretary to submit a report to Congress by June 30,2019, on the status 

of implementing Water Supply Contract No. DACW29-68-A-0130 at Wright Patman Lake, 

Texas. 

Sec.3304. Sense of Congress relating to Wright Patman Lake, Sulphur River Basin, Texas. 

This section states the sense of Congress that the Secretary should implement the Department of 

the Army, Civil Works Contract No. 29-68-A-0130, at Wright Patman Lake, Texas, in an 

expeditious manner and in accordance with all applicable Federal and State water laws, including 

through the acceptance and expenditure of funds contributed by a non-Federal interest for any 

study required by law. 

Sec.3305. City reservoir expansion pilot program. 

This section requires that the Secretary establish a pilot program to expedite the review of 

applications for a permit from the Secretary to expand a reservoir for which not less than 80 

percent of the water rights are for community drinking water supplies in order to accommodate 

projected water supply needs of a city with a population ofless than 80,000. Further, the 

application must be from a city in which any portion of the water resources available to the 

community are polluted by chemicals used at a formerly used defense site and for which 

mitigation is ongoing. This pilot program authority expires 10 years from enactment of 

America's Water Infrastructure Act of2018. 

Sec.3306. Sense of Congress relating to water-related infrastructure in Idaho, Montana, 

rural Nevada, New Mexico, rural Utah, and Wyoming. 

This section states the sense of Congress that the authorization of appropriations under section 

595 of WRDA 1999 for water, wastewater, environmental restoration and surface water 

protection projects in certain rural states should be maintained at not less than $75 million. 

Sec.3307. Groundwater and well water testing and treatment program. 

This section mandates that the Secretary carry out a program for projects located in 

disadvantaged communities or with populations under I 00,000 where there may be 

contamination in the drinking water supply and where the local government is requesting 

24 
310 


35696.307

assistance in the testing and treatment of water wells. Eligible projects much be in reasonable 

proximity to an active military base, a formerly used defense site (FUDS) undergoing 

environmental remediation, or any industrial site. 

This section authorizes $50 million, to remain available until expended, to carry out this section. 

Sec.3401. Missouri River reservoir sediment management. 

This section amends section 1179(a) of WIIN 2016 by requiring that the Secretary oflnterior and 

the Secretary, to the maximum extent practicable, prioritize funds to multi-state sediment 

management plans developed thereunder, and makes clear that the U.S. Bureau of Reclamation 

shall participate in this sediment management pilot program. 

Sec.3402. Reservoir sediment. 

This section amends section 215 ofWRDA 2000.lt makes permanent a pilot program that 

requires the Secretary, within 180 days of enactment of America's Water Infrastructure Act of 

2018, to accept services by a non-Federal interest or commercial entity for the removal of 

sediment captured behind a dam that is owned and operated by the U.S. and under the 

jurisdiction of the Secretary. The purpose is to restore the authorized storage capacity of the dam. 

This section requires that a report by the Secretary be submitted to the Committee on 

Environment and Public Works of the Senate and the Committee on Transportation and 

Infrastructure of the House of Representatives on the results of the program within 3 years of 

enactment of America's Water Infrastructure Act of20!8. 

Sec.3403. Regional sediment management. 

This section amends section 204 ofWRDA 1992 to address sediment buildup behind an 

authorized Federal water resources project or a reclamation project, including Federal reservoirs 

authorized for flood control. 

This section requires that the Secretary and the Commissioner of Reclamation develop in 

consultation with one another regional sediment management plans at full federal expense 

(subject to the availability of appropriations). Additionally, the Secretary and the Commissioner 

must carry out projects at locations identified in the regional sediment management plans, or 

identified jointly by the non-Federal interest and the Secretary or the Commissioner, as 

applicable, for the sediment's use in the construction, repair, modification, or rehabilitation of 

projects associated with Federal water resources projects and reclamation projects. 

Sec.3501. Ice jam prevention and mitigation. 

This section amends section 1150(c) ofWIIN 2016 by making permanent the pilot program for 

preventing and mitigating flood damages associated with ice jams. In addition to increasing the 

minimum number of pilot projects to be carried out by the Secretary from 10 to 20, this section 

requires that the Secretary select at least I project on a reservation that serves more than I Indian 

25 
311 


35696.308

tribe. In addition, projects in the Upper Mississippi River Basin are to be given priority under 

this section. 

Sec.3502. Upper Missouri River Basin flood and drought monitoring. 

This section prioritizes funds to section 4003(a) ofWRRDA 2014 for flood and drought 

monitoring in the Upper Missouri Basin. The WRRDA 2014 provision provides for the 

Secretary, in coordination with the National Oceanic and Atmospheric Administration, USDA 

Natural Resources Conservation Service, the U.S. Geological Survey, and U.S. Bureau of 

Reclamation, to carry out activities to improve and support management of Corps projects, 

including soil moisture and snowpack monitoring, restoring and maintaining existing snowpack 

monitoring sites, and operating streamflow gages. 

Sec.3503. Policies that impact flood fight management projects within urban areas. 

This section mandates that a study of flooding within urban floodplains is to be completed by the 

Secretary within I year of enactment of America's Water Infrastructure Act of2018. 

Specifically, the study is to examine current federal policy constraints on the Corps' ability to 

address urban flooding, including the current Corps policy, as set forth in 33 C.F.R. Part 238 

(Flood Damage Reduction Measures in Urban Areas), which includes the "800-cfs rule" to 

distinguish between urban flooding versus local drainage issues. 

Sec.3504. Missouri River and tributaries at Kansas Cities, Missouri and Kansas. 

This section states that specified flood control projects in the Kansas City, Missouri and Kansas 

City, Kansas are to be considered a single project for budgeting purposes. This project is not 

subject to a new start decision because construction funds have already been provided for both 

component projects. The costs were authorized for the two component projects in section 

I401(2) of the WIIN 2016. 

Sec.3505. Fargo-Moorhead Metropolitan Area Diversion Project, North Dakota. 

This section states that beginning on the date of enactment of America's Water Infrastructure Act 

of2018, any property in North Dakota acquired through hazard mitigation assistance provided 

under specified statutory authorities that was subject to any open space deed restriction shall be 

exempt from those restrictions to the extent necessary to complete the Fargo-Moorhead 

Metropolitan Area Diversion Project authorized by section 7002(2) of the WRRDA 2014. This 

exemption is subject to conditions under this section relating to new or additional structures on 

the property, as well as any subsequent use of the land on the property that is unrelated to the 

Project. 

Sec.3601. Long-term flood risk reduction, Upper Missouri River Basin, Snake River Basin, 

and Red River Basin. 

This provision amends section 5 of the Flood Control Act, which addresses P.L. 84-99 (Flood 

Control and Coastal Emergency Act) for emergency management activities. It provides extended 

26 
312 


35696.309

emergency assistance (beyond 30 days) to communities with non-Federallevees that are 

threatened or damaged by floods or storms. Specifically, it requires the Secretary to provide 

assistance for the operations and maintenance of any constructed project that becomes permanent 

under section 5 ofP.L. 84-99 due to the extended presence of assistance from the Secretary from 

the emergency fund under 33 U.S.C. 701n(a). The Secretary may provide assistance for any 

period, and a project carried out under 33 U.S.C. 701n(a) is subject to the cost-sharing provisions 

that would otherwise apply to such a project under this section. This authority to provide 

assistance expires ten years after enactment of America's Water Infrastructure Act of2018. 

Sec.3602. Sense of Congress relating to provision of resources for emergency infrastructure 

repairs. 

This section expresses the sense of Congress that non-Federal entities may provide resources for 

emergency repairs under section 1024 ofWRRDA 2014, regardless ofthe cause ofthe 

emergency. 

Sec.3603. Sense of Congress on emergency management assistance. 

This section states the sense of Congress that the Secretary may provide technical assistance and 

other support to State emergency management agencies to assist the in the development of 

handbooks for floodplain managers. These handbooks should include policies to help manage the 

risks of coastal and river flooding. In addition, these handbooks should consider coastal 

protection solutions that promote resilience, such as living shorelines, as well as regional 

sediment management. 

Sec.3604. Great Lakes Fish and Wildlife Restoration Act of 1990. 

This section increases the amount of authorized appropriations under the Great Lakes Fish and 

Wildlife Restoration Act of 1990 by 10 percent for each of fiscal years 2019 through 2021. 

Sec.3605. Great Lakes Restoration Initiative. 

This section increases the amount of authorized appropriations for the Great Lakes Restoration 

Initiative by $30 million in fiscal year 2019,$60 million in fiscal year 2020, and $90 million in 

fiscal year 2021. 

Sec.3606. Great Lakes Coastal Resiliency study. 

This section authorizes the Great Lakes Coastal Resiliency study under section 729 ofWRDA 

1986, to coordinate a strategy and recommend actions to manage and protect the Great Lakes 

coastline from threats such as lake level fluctuations, erosion, flooding, nutrient runoff, and poor 

performing or aging infrastructure. 

27 
313 


35696.310

Sec.3607. Special rule for beach nourishment. 

This section reauthorizes a non-Federal interest to request a Corps of Engineers study of 

hurricane and storm damage reduction projects to determine if there is a federal interest in 

carrying out an additional 15 years of work. If the study is favorable, the non-Federal interest 

may request project specific authorization through the Annual Report process described in 

WRRDA 2014 section 7001. 

For those projects that will expire in the next 5 years, the Corps of Engineers is reauthorized to 

continue nourishment work for another six years, providing an opportunity for those impacted 

non-Federal interests to work through the study process and Annual Report requirements. 

Sec.3608. Extension for certain coastal storm damage reduction programs. 

This section states that for hurricane and storm damage reduction projects with beach 

nourishment that will expire within 5 years of enactment of America's Water Infrastructure Act 

of2018, these projects remain eligible for nourishment for an additional 6 years. 

Sec.3609. Snake River Basin flood prevention action plan. 

This section requires that the Secretary develop as soon as practicable after the enactment of 

America's Water Infrastructure Act of 2018 a flood prevention action plan for each state or 

portion of a state within the Snake River Basin in consultation with the Commissioner of 

Reclamation. It further requires that fo !lowing coordination with local stakeholders, a report be 

submitted within 180 days of America's Water Infrastructure Act of20 IS's enactment to the 

Committee on Environment and Public Works of the Senate and the Committee on 

Transportation and Infrastructure oft he House of Representatives on these flood prevention 

plans that were developed. 

Sec.3610. Authorization of appropriations for Columbia River Basin restoration. 

This section amends section !23(d) of the Federal Water Pollution Control Act (33 U.S.C. 

1275(d)) by appropriating dedicated funding in the amount of$5 million for fiscal year 2019 and 

$30 million for each of fiscal years 2020 through 2021 to carry out Columbia River Basin 

restoration. 

Sec.3611. Middle Rio Grande peak flow restoration. 

This section authorizes the continuation of a temporary deviation in the operation of Cochiti 

Lake and Jemez Canyon Dam. It requires that within one year of enactment of the America's 

Water Infrastructure Act of20!8 that the Secretary and the Secretary of the Interior conduct and 

submit to Congress a feasibility study to address limitations on the timing, magnitude, and 

duration of flows that support federally listed species in the Middle Rio Grande. The temporary 

deviation may only be implemented if approvals are first obtained from the Pueblo de Cochiti, 

Pueblo of Santa Ana, and the Rio Grande Compact Commission. 

28 
314 


35696.311

Sec.3612. North Atlantic Division report on hurricane barriers and harbors of refuge in 

New England. 

This section requires the Secretary, in consultation with State and local experts in the North 

Atlantic Division of the Corps of Engineers, to submit to Congress a report within 1 year of 

enactment of America's Water Infrastructure Act on the durability and resilience of existing 

hurricane barriers and harbors of refuge. Particular consideration is to be given as to how those 

structures will survive and fully serve their planned levels of protection under current, near, and 

longer-term future predicted sea levels, storm surge, and storm strength. 

Sec.3613. Study on innovative ports for offshore wind development. 

This section requires the Secretary to carry out a study within 1 year of enactment of America's 

Water Infrastructure Act of2018 of ports in the Mid-Atlantic and New England regions to 

identify baiTiers to offshore wind development, actions needed to facilitate the development of 

the ports tor offshore wind development, and recommendations on further research needed to 

improve ports in the U.S. for offshore wind facility development and deployment. The Secretary 

shall conduct the study in consultation with the Secretary of Energy and the Secretary of the 

Interior, in addition to Governors, local governments, and relevant experts, and submit to 

Congress a report describing the results ofthe study. 

Sec.370L Reauthorization of Rio Grande environmental management program. 

This section extends the reauthorization for the Rio Grande environmental management program 

at $15 million for each of fiscal years 2020 through 2021, for a total of $30 million. The Rio 

Grande environmental management program authorizes long-term data collection, analysis, and 

monitoring, with applied research and adaptive management. 

Sec.3702. Amendments to Long Island Sound programs. 

This section would amend the Clean Water Act (33 U.S.C. 1269) by directing the Administrator 

of the Environmental Protection Agency (the EPA Administrator) to establish an office (the 

Office) near or on the Long Island Sound (Sound), identifY vulnerabilities to the Sound and 

develop plans and activities to address them. Activities to reduce the effects of sea-level rise and 

increase public education about the watershed would also be authorized. 

The section would direct the EPA Administrator to coordinate all federal actions that address 

water quality in the Long Island Sound and ensure that federal restoration activities in the Long 

Island Sound are consistent with the Comprehensive Conservation and Management Plan. The 

section would direct the EPA Administrator to report on the activities of the Office and health of 

the ecosystem, and provide a budget plan for activities that includes an interagency crosscut 

budget on all federal activities related to restoration in the Long Island Sound. The section would 

authorize "such sums as necessary" through fiscal year 2021 for these activities. 

The section would also reauthorize the Long Island Sound Stewardship Act of2006, the Long 

Island Sound Grants, and the Long Island Sound Stewardship Grants through fiscal year 2021. 

29 
315 


35696.312

The section would authorize appropriations of$65 million per year from fiscal years 2019 

through 2021 to fund grant programs. The federal share of costs under these grant programs 

would increase from 50 percent to 60 percent under the section. 

Sec.3703. Sense of Congress relating to the Cano Martin Pen a ecosystem restoration 

project. 

This section states the sense of Congress that the Secretary should advance the project for 

ecosystem restoration, Cano Martin Pena, Puerto Rico. 

Sec.3801. Inflation adjustment of cost-sharing provisions for territories and Indian Tribes. 

This section extends the period that the Secretary must adjust the $200,000 cost-share waiver 

ceiling for inflation when it comes to non-Federal interests in U.S. territories and for any Indian 

tribe for all studies and projects. This inflation adjustment period was last amended by section 

1032 ofWIIN 2016 to end on June 10, 2014, and this section of America's Water Infrastructure 

Act of2018 extends that period to the date of enactment of America's Water Infrastructure Act 

of2018. 

Sec.3802. Tribal Partnership Program. 

This section increases the authorization of appropriations for the Tribal Partnership Program 

from $10 million to $15 million per project. It amends section 203(b)(4) ofWRDA 2000 so that 

the Secretary may carry out the design and construction of a water resources development project 

that will substantially benefit Indian tribes and is located primarily within Indian country if the 

Federal cost ofthe project is under $15 million. Should the Federal share of the cost of a project 

be more than $15 million then the Secretary may only carry out the project if Congress enacts a 

new law. 

Sec.3803. Blackfeet water rights settlement. 

This section ensures that the Blackfeet Tribe receives access to funding (because of the Blackfeet 

Water Rights Settlement enacted as part of WIIN 20 16) in a timely manner so that they may 

complete a range of water-related infrastructure projects on Tribal lands. 

Sec.3804. Bonneville Dam, Oregon. 

This section requires that the Secretary, in consultation with the Secretary of the Interior, 

examine and assess the degree to which Tribes have been displaced as a result of the construction 

of the Bonneville Dam in Oregon. If the Secretary determines that based upon the assessment 

that assistance is required then the Secretary may use all his or her existing authorities to help 

Indians that were displaced because of the construction of this dam. 

Sec.3805. John Day Dam, Oregon. 

This section requires that the Secretary, in consultation with the Secretary of the Interior, 

30 
316 


35696.313

examine and assess the degree to which Tribes have been displaced as a result of the construction 

ofthe John Day Dam in Oregon. Should the Secretary determine that based upon the assessment 

that assistance is required then the Secretary may use all his or her existing authorities to help 

Indians that were displaced because of the construction of this dam. 

Sec.3806. Dalles Dam, Oregon. 

This section mandates that the Secretary, in consultation with the Secretary of Interior, complete 

a village development plan for any tribal village submerged due to the construction of the Dalles 

Dam in Oregon and that such a plan include an estimate cost and tentative schedule for the 

construction of the replacement village. 

Sec.3807. Indian irrigation fund reauthorization, 

This section reauthorizes the Indian Irrigation Fund through September 30, 2028, and continues 

key provisions related to the funding and expenditure from the Indian Irrigation Fund through 

fiscal year 2028. 

Sec.3808. Reauthorization of repair, replacement, and maintenance of certain Indian 

irrigation projects. 

This section requires the Secretary of the Interior to continue to use or transfer from the "Indian 

Irrigation Fund" to the Bureau of Indian Affairs funds for maintenance, repair, and replacement 

activities for Indian irrigation projects each fiscal year through 2028. This section also mandates 

that the Assistant Secretary for Indian Affairs continue submitting to Congress progress reports 

on addressing deferred maintenance needs and utilizing the same prioritization criteria for Indian 

irrigation funding that was originally authorized in the WIIN 2016 through 2028. 

Sec.3809. Indian dam safety reauthorization. 

This section extends key provisions concerning funding and expenditures from the "High-Hazard 

Indian Dam Safety Deferred Maintenance Fund" and the "Low-Hazard Indian Dam Safety 

Deferred Maintenance Fund" through fiscal year 2030. Both funds will terminate on September 

30,2030, under this section of America's Water Infrastructure Act of2018. 

This section also extends the Flood Plain Management Program established by the Secretary of 

Interior by an additional 7 years to December 16,2027. It further states that funds shall continue 

to be made available from the "High-Hazard Indian Dam Safety Deferred Maintenance Fund" 

and the "Low-Hazard Indian Dam Safety Deferred Maintenance Fund" for each fiscal year 

through 2026 to carry out the flood plain management pilot program to provide, at the request of 

an Indian tribe, guidance to the Indian tribe relating to best practices for the mitigation and 

prevention of floods. 

31 
317 


35696.314

Sec.3810. GAO report of Alaska Native village relocation efforts due to flooding and 

erosion threats. 

This section requires the Comptroller General to submit to Congress a report concerning efforts 

to relocate Alaska Native Villages due to flooding and erosion threats. This is meant to update 

the prior report of the Comptroller General dated June 2009. 

The report must include a summary of flooding and erosion threats to Alaska Native villages, the 

status of efforts to relocate Alaska Native villages due to flooding and erosion threats, and any 

other related issues the Comptroller General determines are appropriate. 

Sec.4001. Sense of Congress relating to certain projects. 

This section states that many projects awaiting Chiefs Report and PACRs are extremely 

valuable, and thus, the Secretary should expeditiously complete these decision documents. 

This section references the following (I 7) Chiefs Reports: San Joaquin River, California; 

Pawcatuck River, Rhode Island; Hashamomuck Cove, New York; Delaware River, Delaware, 

New Jersey, and Pennsylvania; Seattle Harbor, Washington; Three Rivers, Arkansas; San Juan 

Harbor, Puerto Rico; Espanola Valley, Rio Grande and tributaries, New Mexico; Resacas at 

Brownsville, Texas; Anacostia Watershed, Prince George's County, Maryland; Willamette River 

Basin, Oregon; Norfolk, Virginia; Armourdale and Central Industrial District Levee Units, 

Missouri River and Tributaries at Kansas City, Kansas; Houma, Louisiana; Souris River Basin, 

Minot, North Dakota; Delta Islands and Levees, California; and Norfolk Harbor and Channels, 

Virginia. 

This section also references the following (II) projects awaiting PACRs: Chickamauga Lock, 

Tennessee; South Florida, Florida; Freeport Harbor, Texas; Soo Locks, Sault Sainte Marie, 

Michigan; Central Everglades, Florida; Howard A. Hanson Dam, Washington; Kissimmee River, 

Florida; Green Brook Sub-Basin, Raritan River Basin, New Jersey; Fort Pierce Beach, Florida; 

McMicken Dam, Arizona; Cave Buttes Dam, Arizona; and Mississippi River to Shreveport (Red 

River Waterway), Louisiana. 

Sec.SOOl. Stormwater infrastructure funding task force. 

This section requires that the EPA Administrator establish a voluntary storm water infrastructure 

funding task force made up of public, private, and federal participants to study and develop 

recommendations to improve the funding and financing of stormwater infrastructure within 180 

days of enactment of America's Water Infrastructure Act of 2018. 

Under this section, within 18 months after enactment of America's Water Infrastructure Act of 

2018, the EPA Administrator will submit a n;port to Congress describing the results of the study. 

32 
318 


35696.315

Sec.5002. Reauthorization of the Water Infrastructure Finance and Innovation Act. 

This section extends through fiscal year 2021 the current annual $100 million authorization for 

the Water Infrastructure Finance and Innovation Act, totaling $200 million. It further extends the 

authority of the EPA Administrator or the Secretary of the Army to use up to $2.2 million of the 

appropriated amounts each fiscal year for administrative costs. 

Sec.5003. Indian reservation drinking water and wastewater pilot program. 

This section requires that the EPA Administrator carry out a pilot program consisting of 20 pilot 

projects to improve existing drinking water lines or towers or wastewater lagoons that are 

insufficient to meet community needs. Ten projects must be both within the Upper Missouri 

River Basin and on a reservation that serves a federally recognized Indian Tribe and 10 projects 

must be both within the Upper Rio Grande River Basin and on a reservation that serves a 

federally recognized Indian Tribe. At least one qualifying pilot project must be selected that 

serves more than one federally recognized Indian tribe. 

Sec.5004. Technical assistance for treatment works. 

This section is the Small and Rural Community and Medium-sized Clean Water Technical 

Assistance Act. It would authorize appropriations for EPA to provide grants to qualified 

non profit treatment works technical assistance providers to provide technical assistance to 

owners and operators of small ($15 million/fiscal year) and medium ($1 0 million/fiscal year) 

wastewater systems to assist in achieving Clean Water Act compliance or assist in obtaining 

financing for eligible clean water projects. In total, this section authorizes to be appropriated $25 

million for each of fiscal years 2019 through 2021. These grants provide for training and 

technical assistance to water treatment works that serve communities with populations of not 

more-than 10,000 individuals (small), and not fewer than 10,001 and not more than 75,000 

individuals (medium). 

This section would further amend the Clean Water Act to authorize states to use an additional 2 

percent of their annual Clean Water State Revolving Fund capitalization grant for qualified 

nonprofit treatment works technical assistance providers to provide such technical assistance. 

Sec.SOOS. Clean, safe, reliable water infrastructure. 

This section expands authorized activities under the Safe Drinking Water Act (SDWA) State 

Revolving Loan Fund (SRF) provisions to authorize states to use up to I 0 percent of their 

Drinking Water SRF capitalization grant to implement source water protection plans. 

This section also amends the SDWA SRF provisions to provide that, for communities with 

populations greater than 10,000, the Brooks Act (40 U.S.C. Ch. 11), or equivalent state 

requirements, applies to the negotiation of contracts to be carried out using SRF funds. 

This section further amends SDWA to establish at EPA the voluntary WaterSense program, 

which identifies and promotes water efficient products through voluntary labeling. 

33 
319 


35696.316

This section amends section 221 of the Clean Water Act to authorize to be appropriated for 

sewer overflow control grants $225 million for each of fiscal years 2019 and 2020, and to make 

storm water management measures eligible for such grants. 

Sec.5006. Water infrastructure flexibility. 

This section provides the opportunity for municipalities to develop integrated plans for 

wastewater and storm water management, and to assist communities in meeting municipal 

discharge requirements under the Clean Water Act. This section also allows municipal discharge 

permits to incorporate schedules of compliance to meet water quality standards, and clarifies that 

compliance actions may include the construction of green infrastructure if implemented as part 

of an effluent limit. 

This section establishes within EPA an Office ofthe Municipal Ombudsman that provides 

related technical assistance to municipalities. 

Finally, this section provides new criteria for determining the ability of households to pay utility 

bills, and removes the existing method that utilizes median household income. 

Sec.5007. Water Resources Research Act amendments. 

This section amends the Water Resources Research Act of 1984. This section authorizes each 

state and territory to provide funding to one designated research institute, such as a university, to 

conduct research for water and water resources technology and innovation. In addition, this 

section includes a Congressional finding that additional research is required relating to several 

specified topics (nonstructural alternatives, decentralized approaches, energy use efficiency, 

water use efficiency, and actions to extract energy from wastewater) to increase the effectiveness 

and efficiency of new and existing treatment works. 

The section would also require the Secretary of the Interior to write a report once every three 

years regarding the compliance of each grantee receiving funds under 42 U.S.C. I 0303(c) for the 

immediately preceding fiscal year. Based on an evaluation (also every three years) ofthe quality 

and effectiveness of the research of each institute receiving grants, the Secretary may prohibit 

further funding. 

This section authorizes $9 million in total for each of fiscal years 2019 through 2021. 

Sec.SOOS. Study on intractable water systems. 

This section defines "intractable water system" for use under section 1459c of the Safe Drinking 

Water Act. It also requires that within two years of enactment of this section of America's Water 

Infrastructure Act of2018, the EPA Administrator, in consultation with the Secretary of Health 

and Human Services and the Secretary of Agriculture, must complete a study identifYing 

intractable water systems and describe barriers to delivery of potable water to individuals. 

34 
320 


35696.317

Sec.5009. National on site wastewater recycling. 

This section states the sense of Congress that providing communities with the knowledge and 

resources necessary to fully use decentralized wastewater systems can provide affordable 

wastewater recycling and treatment to millions of people in the United States. 

This section also requires that for specified programs that provide technical assistance for 

wastewater management, that the EPA Administrator update information on cost effective and 

alternative wastewater recycling and treatment systems, and disseminate that infonnation to local 

government and nonprofit organizations seeking Federal funds for wastewater systems. 

This section amends the Federal Water Pollution Control Act by requiring that when providing 

assistance from clean water state revolving funds for a wastewater system project serving a 

population less than or equal to 2,500, the State must ensure that the entity receiving assistance 

from the SRF certifies that it has considered an individual or shared onsite, decentralized 

wastewater system as an alternative waste water system. This consideration is also extended to 

WIFIA and to the USDA, Rural Utilities Service, water and waste disposal loan and grant 

program. 

This section requires that the EPA Administrator submit to Congress a report describing the 

amount of financial assistance provided by State water pollution control revolving funds to 

deploy decentralized wastewater recycling technologies; the barriers impacting greater use of 

decentralized wastewater recycling technologies; the cost-saving potential to communities and 

future infl'astructure investments from further deployment of decentralized wastewater recycling 

technology; the environmental benefits to the community and groundwater quality from 

additional investments in decentralized wastewater recycling; and the actions taken by the EPA 

Administrator to assist States in identifying eligible projects using decentralized wastewater 

recycling technology. Such a report must be completed and submitted to Congress within 1 year 

after enactment of America's Water Infrastructure Act of2018, and at least once every three 

years thereafter. 

Sec.SOlO. Water infrastructure and workforce investment. 

This section expresses that it is the sense of Congress that water and wastewater utilities provide 

a unique opportunity for access to stable, high-quality careers. And 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. In addition, 

Congress also urges increased collaboration among different levels of government and the 

alignment of workforce training programs and community resources to accelerate career 

pipelines and access to workforce opportunities. 

This section provides a definition applicable in this section for "intractable water system". It also 

mandates that the EPA Administrator and the Secretary establish a competitive grant program to 

promote the development of innovative activities relating to workforce development in the water 

utility sector. 

35 
321 


35696.318

Sec.SOll. Sense of Congress relating to State revolving funds. 

This section states the sense of Congress that Congress should provide robust funding of 

capitalization grants to States to fund drinking water treatment revolving loan funds established 

under section 1452 of the Safe Drinking Water Act and the State water pollution control 

revolving funds established under title VI of the Federal Water Pollution Control Act. 

Sec.5012. GAO study on WIFIA projects in small communities, rural communities, 

disadvantaged communities, and Tribal communities. 

This section directs the Comptroller General to both conduct a study and submit a report to 

Congress within one year of enactment of America's Water Infrastructure Act of20\8, regarding 

how to create flexibility under WIFIA (33 U.S.C. 390\ et seq.) for small communities, rural 

communities, disadvantaged communities, and Tribal communities. This should include ways to 

improve access to assistance under WIFIA, as well as how to lower the burden of applying for 

assistance for those communities. 

Sec.5013. American iron and steel products. 

This section amends section 1452 ofthe Safe Drinking Water Act by prohibiting that the use of 

state loan funds established thereunder may not be used for a project for the construction, 

alteration, or repair of a public water system unless all of the iron and steel products used in the 

project are produced in the United States. Previously, this restriction was limited by law to only 

fiscal year 2017. 

Sec.5014. Sense of Congress relating to access to non potable water. 

This section states the sense of Congress that 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 water users are encouraged to continue implementing and incentivizing 

non potable water reuse programs that will achieve greater water savings and conservation needs. 

Sec.5015. Innovative financing for State Joan funds. 

This section amends the Water Infrastructure Finance and Innovation Act of2014 by authorizing 

financial assistance to those applying for state loan funds to carry out water and wastewater 

infrastructure projects. It provides specific selection criteria, expedites the evaluation of 

applications, and authorizes the Administrator $100 million for each of fiscal years 2019 and 

2020 to carry out reviews of applications. Finally, this provision removes the pilot designation of 

the program. 

Sec.5016. Water infrastructure resiliency and sustainability. 

This section requires that the EPA Administrator establish and carry out a "Water Infrastructure 

Resiliency and Sustainability Program". The purpose will be to award grants in each of fiscal 

years 2019 and 2020 to increase the resiliency or adaptability of water systems to regional 

36 
322 


35696.319

changes in hydrologic conditions. An owner or operator of a water system can only use the 

grants to assist in the planning, design, construction, implementation, operation, or maintenance 

of such a program or project through specified uses. 

This section details the contents of an application for a grant under this section. Further, the 

public sponsorship of private applicants for a grant established under this section is permissible if 

the applicant demonstrates that it has consulted with the affected State, local, or Tribal 

government in which the program or project is located or to be affected, and that government 

entity supports the program or project. 

This section provides for the prioritization and diversification of grants awarded in each fiscal 

year, as well as establishes the Federal share of the cost ofthe program at a maximum of75 

percent of a program or project. A report must be submitted to Congress within 3 years of 

enactment of America's Water Infrastructure Act of2018 regarding not only the progress in 

carrying out this section, but also information on project applications received and funded 

annually. 

This section authorizes $12,500,000 to carry out this section for each of fiscal years 2019 and 

2020. 

37 
323 

Senator BARRASSO. Additionally, the Committee will be considering the nomination of John Ryder to be a member of the Board 

of Directors of the Tennessee Valley Authority. The Subcommittee 

on Clean Air and Nuclear Safety held a nomination hearing on Mr. 

Ryder in March. 

Finally, the Committee will consider S. 2734, a bill naming a 

Federal building and courthouse in Laredo, Texas; S. 2377, a bill 

naming a Federal building and courthouse in Dayton, Ohio; and 

three General Services Administration leases. 

[The text of Mr. Ryder’s nomination, S. 2734, S. 2377, and General Services Administration resolutions follows:] 

324 


35696.326

NOMINATION REFERENCE AND REPORT 

PN1542 

AS IN EXECUTIVE SESSION, 

SENATE OF THE UNITED STATES, 

February 5, 2018. 

Ordered, That the following nomination be referred to the Committee on Environment and 

Public Works: 

John L. Ryder, of Tennessee, to be a Member of the Board of Directors of the Tennenee 

Valley Authority for a term expiring May 18, 2021, vice Michael McWherter, term expired. 

tl\4.'6 22 , . 2018. 

(Date) 

Reported by Mr. Barrasso 

wlth the recommendation that the nomination be confirmed . 

.-/ The nominee has agreed to respond to requasts to appear and testify before any 

duly constituted committee of the Senate. 
325 


35696.320

115TH CONGRESS 

2D SESSION S.2734 

II 

To designate the Federal building and United States courthouse located 

at 1300 Victoria Street in Laredo, Texas, as the "George P. Kazen 

Federal Building and United States Courthouse". 

I~ THE SENATE OF THE UNITED STATES 

APRrr, 24, 2018 

Mr. CORN"YN (for himself and Mr. Cnrz) introduced the following bill; which 

was read twice and referred to the Cmrunittee on Emirolllllent and Public 

Works 

A BILL 

To designate the Federal building and United States courthouse located at 1300 Victoria Street in Laredo, Texas, 

as the "George P. Kazen Federal Building and United 

States Courthouse''. 

1 Be it enacted by the Senate and Hmtse of Representa2 tives of the United States of Arnerica in Congress assembled, 

3 SECTION 1. GEORGE P. KAZEN FEDERAL BUILDING AND 

4 UNITED STATES COURTHOUSE. 

5 (a) DESIGNATION.-The Federal building and United 

6 States courthouse loc.ated at 1300 Victoria Street in La7 redo, Texas, shall be known and designated as the 
326 


35696.321

2 

1 "George P. Kazen Federal Building and United States 

2 Courthouse". 

3 (b) REFER.ENCES.-Any reference in a law, map, reg4 ulation, document, paper, or other reeord of the United 

5 States to the Pederal building and United States eourt6 house referred to in subsection (a) shall be deemed to be 

7 a referenee to the "Georg·e P. Kazen Federal Building and 

8 United States Courthouse". 

0 

•S 2734 IS 
327 


35696.322

115TH CONGRESS 

2D SESSION S.2377 

II 

To designate the Federal building and United States courthouse located 

at 200 West 2nd Street in Dayton, Ohio, as the "Walter H. Rice 

Federal Building and United States Courthouse". 

IN THE SENATE OF THE UNITED STATES 

FRRRUARY (i, 2018 

Mr. BRO\\'N (for himself and Mr. PORTMA.."i) introduced the following bill; 

which was read twice and referred to the Committee on Environment 1md 

Public Works 

A BILL 

To designate the Federal building and United States courthouse located at 200 West 2nd Street in Dayton, Ohio, 

as the "\Valter H. Rice Federal Building and United 

States Courthouse". 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assen~,bZed, 

3 SECTION 1. WALTER H. RICE FEDERAL BUILDING AND 

4 UNITED STATES COURTHOUSE. 

5 (a) IN GEKERAL.-The Federal building and United 

6 States eourthouse loeated at 200 West 2nd Street in Day7 ton, Ohio, shall be kno-vvn and designated as the "Walter 

8 H. Rice Federal Building and United States Courthouse". 
328 


35696.323

2 

(b) REFERENCES.-Any reference in a law, map, reg2 ulation, document, paper, or other record of the United 

3 States to the Federal building and United States court4 house referred to in subsection (a) shall be ueemed to be 

5 a reference to the "Walter H. Rice Federal Building and 

6 United States Courthouse". 

0 

•S 2377 IS 
329 


35696.327

JOHN BARRASSO. WYOMING, C!IAIF'MAN 

RICKAfl.D M f1US~3ElL, MAJORITY STAFFDIRECJDR 

Mi\RI' fRANCES REPKO, MINORITY STAFF OIR£CTD!1 

COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS 

WASHINGTON. DC 20510-6175 

COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS 

LEASE 

U.S. PATENT AND TRADEMARK OFFICE 

ARLINGTON, VA 

PVA-04-WAI7 

RESOLVED BY THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS OF 

THE UNITED STATES SENATE 

that pursuant to title 40 U.S.C. § 3307, a prospectus providing for a lease of approximately 

191,000 rentable square feet of space, including approximately 3 official parking spaces, for the U.S. 

Patent and Trademark Office, currently located at Randolph Square, 2800 South Randolph Street in 

Arlington, VA, at a maximum proposed rental rate of $39 per rentable square foot, at a proposed total 

annual cost of $7,449,000 for a lease term of up to 15 years, a description of which is attached hereto and 

by reference made part of this resolution, is approved. 

Approval of this prospectus constitutes authority to execute an interim lease for all tenants, if necessary, 

prior to execution of the new lease. 

Provided, that to the maximum extent practicable, the Administrator of General Services shall require that 

the procurement include energy efficiency requirements as would be required for the construction of a 

federal building. 

Providedfttrther, that the Administrator shall require that the delineated area of the procurement is 

identical to the delineated area included in the prospectus, except that, if the Administrator determines 

that the delineated area of the procurement should not be identical to the delineated area included in the 

prospectus, the Administrator shall provide an explanatory statement to the Committee on Environment 

and Public Works of the United States Senate prior to exercising any lease authority provided in this 

resolution. 

Provided further, that the Administrator shall provide to the Chairman or Ranking Member of the 

Committee on Environment and Public Works of the Senate, in a timely manner, requested documents 

and information regarding this prospectus and resulting contractual materials, without redaction other 

than redactions to exclude business confidential, proprietary, and/or procurement sensitive information. 
330 


35696.328

Providedfurther, the Administrator of General Services may not enter into this .lease if it does not contain 

a provision barring any individual holding a Federally-elected office, regardless of whether such 

individual took office before or after execution of this lease, to directly participate in, or benefit from or 

under this lease or any part thereof and that such provision provide that if this lease is found to have been 

made in violation of the foregoing prohibition or it is found that this prohibition has been violated during 

the term of the lease, the lease shall be void, except that the foregoing limitation shall not apply if the 

lease is entered into with a publicly-held corporation or publicly-held entity for the general benefit of such 

corporation or entity. 

Provided further, prior to entering into this lease or approving a novation agreement involving a change 

of ownership under this lease, the Administrator of General Services shall require the offeror or the 

parties requesting the novation, as applicable, to identifY and disclose whether the owner of the leased 

space, including an entity involved in the financing thereof, is a foreign person or a foreign-owned entity; 

provided further, in such an instance, the Administrator of General Services shall notifY the occupant 

agency(ies) in writing, and consult with such occupant agency(ies) regarding security concerns and 

necessary mitigation measures (if any) prior to award of the lease or approval ofthe novation agreement. 

Provided further, that the Administrator shall not delegate to any other agency the authority granted by 

this resolution. 

Adopted: May 22, 20!8 
331 


35696.329

JOHN BARRASSO V'IYOMING, CHAIRMAN 

R1CHA~D M. f1US:>Et.L. MAJORITY STAFF DIRECTOR 

MARY FRANCES AEPI(O, MINORITY STAFF DIR"CCTOR 

ll5tli Cm1gres• 

i :~t St~ssif!·n 

COMMITIEE ON ENVIRONMENT AND PUBLIC WORKS 

WASHINGTON, DC 20510~6175 

COMMITTEE 01'\ ENVIRONMENT AND PUBLIC WORKS 

LEASE 

DEPARTMENT OF STATE 

WASHINGTON, DC 

PDC-06-WAI7 

RESOLVED BY THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS OF 

THE UNITED STATES SENATE 

that pursuant to title 40 U.S.C. § 3307, a prospectus providing for a lease of approximately 101,000 

rentable square feet of space, including approximately 15 official parking spaces, for the Department of 

State, currently located at 515 22"' Street NW, Washington, DC, at a maximum proposed rental rate of 

$50 per rentable square foot, at a proposed total annual cost of $5,050,000 for a lease term of up to 15 

years, a description of which is attached hereto and by reference made part of this resolution, is approved. 

Approval of this prospectus constitutes authority to execute an interim lease for all tenants, if necessary, 

prior to execution of the new lease. 

Provided, that to the maximum extent practicable, the Administrator of General Services shall require that 

the procurement include energy efficiency requirements as would be required for the construction of a 

federal building. 

Provided further, that the Administrator shall require that the delineated area of the procurement is 

identical to the delineated area included in the prospectus, except that, if the Administrator determines 

that the delineated area of the procurement should not be identical to the delineated area included in the 

prospectus, the Administrator shall provide an explanatory statement to the Committee on Environment 

and Public Works of the United States Senate prior to exercising any lease authority provided in this 

resolution. 

Providedfurther, that the Administrator shall provide to the Chairman or Ranking Member of the 

Committee on Environment and Public Works of the Senate, in a timely manner, requested documents 

and information regarding this prospectus and resulting contractual materials, without redaction other 

than redactions to exclude business confidential, proprietary, and/or procurement sensitive information. 

Provided further, the Administrator of General Services may not enter into this lease if it does not contain 

a provision barring any individual holding a Federally-elected office, regardless of whether such 

PfliNTFtlONRECYCLEDPAI'Efl 
332 


35696.330

individual took office before or after execution of this lease, to directly participate in, or benefit from or 

under this lease or any part thereof and that such provision provide that if this lease is found to have been 

made in violation of the foregoing prohibition or it is found that this prohibition has been violated during 

the term of the lease, the lease shall be void, except that the foregoing limitation shall not apply if the 

lease is entered into with a publicly-held corporation or publicly-held entity for the general benefit of such 

corporation or entity. 

Provided further, prior to entering into this lease or approving a novation agreement involving a change 

of ovmership under this lease, the Administrator of General Services shall require the offeror or the 

parties requesting the novation, as applicable, to identifY and disclose whether the owner of the leased 

space, including an entity involved in the financing thereof, is a foreign person or a foreign-owned entity; 

provided further, in such an instance, the Administrator of General Services shall notifY the occupant 

agency(ies) in writing, and consult with such occupant agency(ies) regarding security concerns and 

necessary mitigation measures (if any) prior to award of the lease or approval of the novation agreement. 

Provided further, that the Administrator shall not delegate to any other agency the authority granted by 

this resolution. 

Adopted: May 22,2018 
333 


35696.331

JOHr-< BARRASSO, WYOMING, CHAIRMAN 

RiCHARD M. RUSSElL, MAJOFIITY STAFF OiFI:£CTOR 

MA'lY FRANCES REPKO. •'>''INORITY 5/AFF DIRfCTOff 

Co~grt'ss 

S{'ssinllll 

COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS 

WASHINGTON. DC 20510-6175 

COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS 

BUILDING ACQUISITION 

ROBERTT. STAFFORD U.S. POST OFFICE AND COURTHOUSE 

RUTLAND,VT 

PVT-BPS-RU16 

RESOLVED BY THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS OF 

THE UNITED STATES SENATE 

that pursuant to title 40 U.S.C. § 3307, a prospectus providing for the acquisition of the Robert T. Stafford 

U.S. Post Office and Courthouse from the United States Postal Service, located at !51 West Street, 

Rutland, Vermont, at an estimated total annual cost of$6,431,000, and composed of72,000 gross square 

feet of space, a description of which is attached hereto and by reference made part of this resolution, is 

approved. 

Provided, that the Administrator shall provide to the Chairman or Ranking Member ofthe Committee on 

Environme.nt and Public Works of the Senate, in a timely manner, requested documents and information 

regarding this prospectus and resulting contractual materials, without redaction other than redactions to 

exclude business confidential, proprietary, and/or procurement sensitive information. 

Providedjimher, that the Administrator of General Services shall ensure that the space occupied by the 

U.S. Courts contains no more than one courtroom. 

Providedfiwther, that the Administrator shall not delegate to any other agency the authority granted by 

this resolution. 

Adopted: May 22, 2018 
334 

Senator BARRASSO. I would like to now turn to Ranking Member 

Carper for his statement. 

OPENING STATEMENT OF HON. THOMAS R. CARPER, 

U.S. SENATOR FROM THE STATE OF DELAWARE 

Senator CARPER. Thanks, Mr. Chairman. 

There are a number of items on the agenda for our business 

meeting today, including several important bipartisan pieces of legislation. 

With respect to America’s Water Infrastructure Act of 2018, once 

again, my thanks to you, Mr. Chairman. I also want to extend my 

thanks to our colleagues, Senator Inhofe, Senator Cardin, your 

staffs, my own staff for working with us on the important authorizing legislation for the Army Corps of Engineers. 

I am proud of the bipartisan work we have done together on this 

legislation. I hope it will serve as a model for work that we, along 

with other committees, can do in the future to address our Nation’s 

infrastructure needs even more broadly. 

This bill is of great importance to our economy in Delaware, but 

I know that the First State’s reliance on the Corps’ work is not 

unique. Over 99 percent of the U.S. overseas trade volume moves 

through coastal channels that the Army Corps maintains. Think 

about that, over 99 percent maintained by the Army Corps of Engineers. 

The Corps’ inland waterways and locks form a freight network 

that provides access to international markets through our ports. 

They also serve as a critical infrastructure for the U.S. military. 

Our bill authorizes investments in this system in multiple ways. 

Most notably, at the request of Secretary James and of many Senators both on and off our Committee, the bill better positions the 

Corps to be an active partner with ports, with communities, with 

States, Tribes, and other stakeholders in growing and expanding 

our Nation’s economy. 

I would also like to take a minute or two here to say a few words 

about the substitute amendment for S. 2602, the Utilizing Significant Emissions with Innovative Technologies Act, or the USE IT 

Act. I have added my name as a co-sponsor of the substitute of 

which our Chairman is the sponsor, and which Senator Whitehouse 

has done a huge amount of work. I applaud you both. As I said 

during the legislative hearing for S. 2602, I appreciate the Chairman’s focus on solutions to climate change when it comes to carbon 

capture, utilization, and sequestration, also known as CCUS. 

I have long believed that the wide deployment of CCUS technologies could reduce climate pollution emissions in our country 

and abroad, while providing a real win-win for coal communities, 

for manufacturing, and for our climate. That is why, for over a decade, I have supported, and in some cases, led efforts that spur the 

development of CCUS without weakening environmental and public health protection. 

At the legislative hearing for this bill, I applauded the underlying efforts of the legislation, but voiced a couple of concerns. I 

was mainly concerned that the legislation could open the door for 

weaker environmental protections and unnecessary streamlining 

measures. Since the hearing, staff from the offices of the Chairman, 

335 

Senator Whitehouse, and other co-sponsors have worked closely 

with my own staff to try to address those concerns, and I especially 

want to thank the Chairman’s staff for their hard work on this 

issue. 

The substitute that is before us today is a reflection of that hard 

work, and I believe it represents a good compromise. Some of the 

key changes we are making today include requiring EPA to consult 

with the Department of Energy on CCUS research to avoid duplication and enhance coordination between our two agencies; requiring 

a robust report from the Council on Environmental Quality that 

will provide critical information about the CCUS Federal permitting process for anyone thinking of starting a CCUS project, as well 

as information about possible regulatory gaps needed for CCUS; 

and finally, adding additional environmental safeguards and public 

notice and comment period for any guidance produced by CEQ regarding the permitting process. 

I suspect that the Chairman will probably agree that this substitute is not a bill either of us would have written on our own; 

however, if we are going to truly address big issues like climate 

change, we are going to have to find compromises that can work 

for both parties. With these changes in the substitute and with assurance from the Chairman that this legislation will not be used 

as a vehicle to attack the Clean Air Act, I will be voting yes. 

I realize that we have some additional important work to do in 

order to move these two bills across the finish line, but today is a 

very important first step, and if we continue to work in a bipartisan fashion, I believe we will enact these bills into law this year, 

and our country will be better for it. So, let’s get on with it, and 

as we do, let me express once again my heartfelt thanks to the 

members of our staff who have worked hard and constructively to 

bring us this far today. 

Senator BARRASSO. Thank you, Senator Carper. 

Senator Cardin, anything you would like to add? 

OPENING STATEMENT OF HON. BENJAMIN L. CARDIN, 

U.S. SENATOR FROM THE STATE OF MARYLAND 

Senator CARDIN. Thank you, Mr. Chairman. I will be very brief 

because I think we now have a quorum. 

Senator BARRASSO. We do. 

Senator CARDIN. Would the Chairman prefer to vote, then I will 

make my statement? 

Senator BARRASSO. Please. 

Senator CARDIN. I will be very quick, then. 

First, thank you for continuing the tradition of our Committee. 

This is a nonpartisan bill, has the strong support of both Democrats and Republicans in the best tradition of our Committee, 

moves forward on water projects that are important to all parts of 

our country. I particularly want to thank you for the work that we 

have done in the Chesapeake Bay Watershed. Both Poplar Island 

and Mid-Bay, which are critically important locations for dredge 

material, are advanced by this bill. The Anacostia River is advanced in its review. 

As we commented earlier, thank you for your leadership on dealing with the small dockside businesses that cater to recreation and 

336 

tourism economies. The economic impact gives them a better 

chance to get their projects moving forward. 

I am also pleased this is the third WRDA bill in a row that you 

include updates to our Nation’s drinking water, wastewater, and 

stormwater infrastructure. I particularly want to acknowledge several bills, much of which are incorporated in here, that were 

worked on by members of this Committee: S. 1137, the Clean, Safe, 

Reliable Water Infrastructure bill. Senators Boozman, Inhofe, 

Duckworth, and others worked with me on this bill to improve increased water efficiency. The Clean, Safe, Reliable Water Infrastructure Act includes $225 

million to protect the sources of our drinking water and funding to 

repair and eliminate sewer overflows. 

Now, that hit home in Maryland just this past week with what 

happened in Frederick, Maryland, that saw historic rain last week. 

The rain soaked the region beginning Tuesday night, caused the 

wastewater treatment plant to take on more water than it could 

handle. Millions of gallons of untreated water were diverted into 

Carroll Creek to prevent equipment failure. So, this bill will help 

alleviate those types of issues in the future. 

For those of you who watched the Preakness on Saturday, I 

think you saw how drenched we have been as a result of the water. 

This bill will help. 

Second, S. 692, the Water Infrastructure Flexibility Act. I worked 

on that with Senators Fischer and Brown dealing with affordability 

and integrated planning. Important provisions are included in this 

bill. The bill also creates a multi-agency Federal task force to study 

the problems of funding and financing stormwater. The bill also addresses information concerning onsite wastewater recycling. 

Finally, the bill incorporates much of S. 451, the Water Resources Research Amendments, that I worked with Senator Boozman to research increased effectiveness and efficiency of new water 

treatment facilities. 

This is a great bill. I am proud to be associated with it, and I 

strongly support it. 

Senator BARRASSO. Thank you, Senator Cardin. 

Senator Inhofe. 

Senator INHOFE. Thank you, Mr. Chairman. Since we do have a 

quorum here, I want to go ahead and get with that, but I will just 

ask that the statements that I made comparable to the statement 

of my friend be made a part of the record, so we can go ahead and 

vote. 

Senator BARRASSO. Thank you very much, Senator Inhofe. 

We will move ahead now. Since we have enough members who 

have arrived, we want to move to the votes on the items on today’s 

agenda. The Ranking Member and I have agreed to vote on the 

USE IT Act by voice. The Ranking Member and I have also agreed 

to vote on the two Federal buildings and courthouse naming bills, 

the TVA nomination, the three GSA resolutions en bloc by voice. 

Members may choose to have their votes recorded for a specific 

item in that bloc after the voice vote. The record will reflect any 

member requesting to be recorded on any item on today’s agenda 

as long as he or she does so by the close of business today and it 

doesn’t change the outcome. 

337 

I appreciate the comments of all of the members. I would like to 

call up now the substitute amendment to S. 2602, the Utilizing Significant Emissions with Innovative Technologies Act. This was circulated last Friday. The Ranking Member and I have agreed that 

this substitute shall be considered the original text for purpose of 

amendments. Members have not filed additional amendments to 

the substitute. 

I move to approve the substitute amendment to S. 26—— 

Senator CARPER. Before we do that, Mr. Chairman, could I just 

ask unanimous consent to add Senator Heitkamp as a co-sponsor 

of the manager’s amendment to S. 2602 in the nature of a substitute? 

Senator BARRASSO. Without objection. 

I now move to approve the substitute amendment to S. 2602 and 

report S. 2602, as amended, favorably to the Senate. 

Is there a second? 

Senator WHITEHOUSE. Second. 

Senator BARRASSO. All those in favor, please say aye. 

[Chorus of ayes.] 

Senator BARRASSO. Opposed, no. 

[No audible response.] 

Senator BARRASSO. In the opinion of the Chair, the ayes have it. 

We have approved S. 2602, as amended, which will be reported favorably to the Senate. 

Next is en bloc passage of six items. I would like to call up S. 

2734, a bill naming a Federal building and the courthouse of Laredo, Texas; S. 2377, a bill naming a Federal building and courthouse in Dayton, Ohio; Presidential Nomination 1542, John Ryder 

of Tennessee to be a member of the Board of Directors of the Tennessee Valley Authority; and three General Services Administration resolutions en bloc. 

I move to approve and report S. 2734, S. 2377, and Presidential 

Nomination 1542 favorably to the Senate, and approve three GSA 

resolutions en bloc. 

Is there a second? 

Senator CARPER. Second. 

Senator BARRASSO. All those in favor please say aye. 

[Chorus of ayes.] 

Senator BARRASSO. Opposed, no. 

[No audible response.] 

Senator BARRASSO. In the opinion of the Chair, the ayes have it. 

We have approved S. 2734, S. 2377, and Presidential Nomination 

1542, which will be reported favorably to the Senate. We have also 

approved three GSA resolutions. 

Next is America’s Water Infrastructure Act. Now I would like to 

call up the substitute amendment to S. 2800, America’s Water Infrastructure Act that was circulated last Friday. The Ranking 

Member and I have agreed that this substitute shall be considered 

the original text for purposes of amendments. 

Members have filed amendments to the substitute. The Ranking 

Member and I have agreed to vote on four amendments en bloc by 

voice vote. Members may choose to have their votes recorded for a 

specific item in that bloc after the voice vote. 

338 

So, we have en bloc approval of four amendments. I would like 

to call up Duckworth No. 1, Sullivan No. 1, Markey No. 1, and 

Whitehouse No. 3 en bloc. 

Anyone like to be heard on any of the amendments in this bloc? 

Senator CARPER. I would like to make a very, very brief statement, if I could, Mr. Chairman. 

This package of amendments represents more areas of consensus 

that were able to come together in bipartisan fashion in support. 

I recognize that a number of amendments were filed today and that 

we will continue to work with Committee members to address their 

priorities as this process moves forward. 

I would just like to echo your point. We will continue to work 

with Senators Booker and Capito on their wastewater grant proposal, and Senators Markey and Gillibrand on their Section 111 

matter. Both of these are key issues that need to be addressed, and 

they have our commitment to continue to work through these 

amendments as we get to the floor so that these proposals can be 

included, and I would encourage everyone to support the package 

nonetheless. 

Senator BARRASSO. Thank you, Senator Carper. 

At this time, I would like to approve Duckworth No. 1, Sullivan 

No. 1, Markey No. 1, and Whitehouse No. 3 en bloc. 

Is there a second? 

Senator CARPER. Second. 

Senator BARRASSO. All those in favor, please say aye. 

[Chorus of ayes.] 

Senator BARRASSO. Opposed, no. 

[No audible response.] 

Senator BARRASSO. In the opinion of the Chair, the ayes have it, 

and Duckworth No. 1, Sullivan No. 1, Markey No. 1, and Whitehouse No. 3 are all agreed to. 

[The referenced amendments follow:] 

339 


35696.332

S. 2800- America's Water Infrastructure Act 

DUCKWORTH #1: Credit Transfer Enhancement 

This amendment makes technical corrections to 33 U .S.C. § 2225 to facilitate the transfer of 

existing credits from a non-federal sponsor of a Section 211 project (Construction of Flood 

Control Projects by Non-Federal Interests) to another government entity, pending the approved 

by the Secretary. 
340 


35696.333

\ 

EDWIR4a5 S.hC. 

AMENDMENT NO. __ _ Calendar No. --- Purpose: To modify a provision relating to credit in lieu 

of reimbursement. 

IN THE SENATE OF THE UNITED STATES-115th Cong., 2d Sess. 

9.2800 

'l'o provide for the conservation and developm<mt of water 

and related resources, to authorize the Secretary of the 

Army to construct various projects for improvements 

to rivers and harbors of the United States, and for 

other purposes. 

Referred to the Committee on --------- and 

ordered to be printed 

Ordered to lie on the table and to be printed 

AMEXD:\1:ENT intended to be proposed by Ms. DUCKWORTH 

Viz: 

1 At the end of title I, add the following: 

2 SEC. 1 __ . CREDIT IN LlEU OF REIMBURSEMENT. 

3 Section 1022(b) of the Water Resources Reform and 

4 Development Act of 2014 (33 U.S.C. 2225(b)) is amend~ 

5 ed6 (1) by inserting "all or a portion of'' before 

7 "such credit"; and 

8 (2) by inserting "or of any governmental entity 

9 to which such credit is transferred, subject to the 
341 


35696.334

ED\Yl84:J5 S.L.C. 

2 

1 condition that the Secretary approves the transfer" 

2 before the period at the end. 
342 


35696.335

S. 2800- America's Water Infrastructure Act 

Markey #1 

Regional Liaisons for Minority, Tribal, and Low-Income Communities- This provision required 

the EPA to appoint not fewer than 1 employee in each regional office to service as a liaison to 

minority, tribal, and low-income communities, and publically identify each regional liaison on 

the agency's website. 
343 


35696.336

H.L.t'. 

Al\m!\.!)1\IEXT NO .. _____ _ 

Pmvose: To prm1.dt> for tlw appointnwnt of regional liaisouli 

for minority, 'rrihal, and low-iueome Pommunitirs. 

IN THE SENATE OF THE UNITED STATES-115th Cong., 2d Sess. 

S.2800 

To provide for the eonseiTHtion aml development of "'atet· 

and related rt>sourees, to authorize the Seeretm:r of the 

Arn1~' to coust11U't various pr(~jeds for improvements 

to riwrs and harbors of the '[T uited Statt>s, and for 

other pU1110ses. 

RL•ferred to the Committee ou and ---------------- ordered to hP printed 

Ordt>red to lie ou tht• tablt> and to be printPcl 

A:\IE:XIniEX'l' intended to be proposed by 1\Ir. l\L\IUG<JY 

Viz: 

At the end of title , .. , add the follo"1.ng: 

2 SEC. 50__ • REGIONAL LIAISONS FOR MINORITY, TRIBAL, 

3 AND LOW-INCOME COMMUNITIES. 

4 (a) 1:-.: GI~XI<JRAL.-The Administrator of the Emi5 rmmwutal Protec•tion Ageul'~· (n•fenwl to in thili seetion 

6 as thP "Administrator") shall appoint not fewer than 1 

7 emplo:n•e in eaeh rcgional offil'e of th<• Emiromuental Pro8 tectiou Ag·pnc;v to seiTP as a liaison to minority, Tribal, 

9 and low-iueonw eonnnnuitieH iu the relevant region. 
344 


35696.337

f:l:L.C'. 

2 

1 (!.:>) Ptn~LW lPEN'rfFIC~\TION.-The Achninistrat<n• 

2 sh~ identify ·each l'egi<mal liais(in itppoint.ed under subl secticm (a) on the internet website .of4 ( 1) the relevant re,g'ional _offie~ Of tbe En~1roli5 iiH~tital Pl·otecti(m .Agt•Ii.C~'; mid 

6 (2) the Office of Environn1enta1 Jul:iti<>e bf the 

7 En"id1•munental Protetltiott .Agtme.v. 
345 


35696.338

8.2800, Sullivan #1 

Amendment to confonn the definitions of Indian tribe with the Indian Self-Detennination and 

Education Assistance Act to allow all recognized tribal entities to participate as a non-federal 

sponsor on projects, as well as cost share waivers that are currently available to tribes. Substitutes 

the current definition with a universally accepted definition that recognizes all tribes and tribal 

organizations that work on behalf of tribes. 
346 


35696.339

MAZ18309 S.hC. 

AlVIE~DMENT NO. __ _ Calendar No. --- Purpose: 'l'o change certain references to Indian tribes. 

IN THE SENATE OF THE UNITED STATE8-1Hith Cong., 2d Sess. 

8.2800 

To provide for the conservation and development of water 

and related resources, to authorize the Secretary of the 

Army to construct various projects for improvements 

to rivers and harbors of the United States, and for 

other purposes. 

Referred to the Committee on --------- and 

ordered to be printed 

Ordered to lie on the table and to be printed 

AiVIEi\DMEN"T intended to be proposed by Mr. Sur .. LIVAN 

Viz: 

At the appropriate place, insert the following: 

2 SEC. __ .REFERENCES TO INDIAN TRmES. 

3 (a) COST SIIARI~G PROVISIONS.-Scetion 1156(a)(2) 

4 of the Water Resources Development Act of 1986 (33 

5 U.S.C. 2310(a)(2)) is amended by striking "(as defined" 

6 and all that follows through the period at the end and 

7 inserting "or tribal organization (as those terms arc de8 fined in section 4 of the Indian Self-Determination and 

9 Education Assistance Act (25 U.S.C. 5304)).". 

10 (b) WRITTEN AGREEMENT REQUIREMENT FOR 

11 WATER RESOURCES PROJECTS.-Section 221{b)(l) of the 
347 


35696.340

S.L.C. 

2 

1 Piood Control Act of 1970 (42 U.S.C. 1962d-5b(b){l)) 

2 is amended by striking lj(including a" 1:llld all that follows 

3 through "; or11 at the end and inserting u (including· an 

4 Indian tribe and tribal orgnnizatiou (as those terms are 

5 defined in section 4 of the Indian Self-Determination and 

6 Education Aqsistance Act (25 U.S.C. 5304)); or''. 
348 


35696.341

S. 2800- America's Water Infrastructure Act 

Whitehouse #3 

An amendment requiring the Corps to submit a report to Congress identifying ongoing and 

recently completed projects in coastal states, analyzing how these projects correspond to Stateapproved coastal plans, and making recommendations as to how these state plans can be better 

incorporated into the Corps' work. 
349 


35696.342

MAZ18421 S.L.C. 

AMENDMENT NO. __ _ Calendar No. __ _ 

Purpose: To require a report on Corps of Engineers activities. 

IN THE SENATE OF THE UNITED STATES-115th Cong., 2d Sess. 

8.2800 

To provide for the conservation and development of water 

and related resources, to authorize the Secretary of the 

Army to construct various projects for improvements 

to rivers and harbors of the United States, and for 

other purposes. 

Refened to the Committee on and ------------------ ordered to be printed 

Ordered to li.e on the table and to be printed 

Al\IE:'IIDMENT intended to be proposed by Mr. WHITEHOUSE 

Viz: 

1 At the end of' subtitle G of title III, add the following: 

2 SEC. 36_. REPORT ON CORPS OF ENGINEERS ACTIVITIES. 

3 (a) DEFINITIONS.-In this section: 

4 (1) APPLICABLE COASTAL STATE.-The term 

5 "applicable coastal State" means a coastal State 

6 that has a State-approved plan. 

7 (2) STATE-APPROVED PLAN.-The term "State8 approved plan" includes9 (A) a coastal management plan; 

10 (B) a special area management plan; 
350 


35696.343

MA%1R421 SJJ.C. 

2 

1 (C) a eoastaJ m.:1.stcr plan; and 

2 (D) other similar coastal planning and re3 siliency strategies. 

4 (b) REPORT.-Not later than 1 year after the date 

5 of ennctment of this Act, the Secretary shall submit to 

6 CongTess and each applicable coastal State a report that 

7 inclndes8 (1) a summary of all active and recently com9 pleted work of the Corps of Engineers in each appli10 cable coastal State; 

11 (2) an analysis of how the work described in 

12 paragl'aph (1) corresponds to, fits under, or com13 plements any existing Sta.tc-apprmrcd plan; and 

14 (3) rcconuncndations f'or improved implementa15 tion of State-approved plans through existing au· 

16 thoritics of the Cmvs of Engineers, including by, if 

17 appropriateIS (A} allowing State-approved plans to be 

I 9 submitted for proposed inclusion in the annual 

20 report entitled 11Report to Congress on Future 

21 Water Resom·ccs Development" and submitted 

22 to Congress pursuant to section 7001 of the 

23 Water Resources Heform and Development Act 

24 of 2014 (33 U.S.C. 2282d); and 
351 


35696.344

2 

3 

4 

S.L.C. 

3 

(B) including specific projects included in 

a. State-approved plan in tho continuing authorities program (as described in section 

3002). 
352 

Senator BARRASSO. Several members have requested to enter 

into colloquies on matters relating to this bill. We will enter into 

those colloquies after we have concluded the voting. 

Does any Senator seek recognition to offer an amendment that 

is not related to those colloquies? 

[No audible response.] 

Senator BARRASSO. I see no further members seeking recognition 

to offer an amendment, so I move to approve the substitute amendment to S. 2800, as amended, and report S. 2800, as amended, favorably to the Senate. We will hold a roll call vote. 

Is there a second? 

Senator CARPER. I second. 

Senator BARRASSO. The Clerk will call the roll. 

The CLERK. Mr. Booker. 

Senator BOOKER. Aye. 

The CLERK. Mr. Boozman. 

Senator BOOZMAN. Aye. 

The CLERK. Mrs. Capito. 

Senator CAPITO. Aye. 

The CLERK. Mr. Cardin. 

Senator CARDIN. Aye. 

The CLERK. Mr. Carper. 

Senator CARPER. Aye. 

The CLERK. Ms. Duckworth. 

Senator CARPER. Aye by proxy. 

The CLERK. Mrs. Ernst. 

Senator ERNST. Aye. 

The CLERK. Mrs. Fischer. 

Senator FISCHER. Aye. 

The CLERK. Mrs. Gillibrand. 

Senator GILLIBRAND. Aye. 

The CLERK. Mr. Inhofe. 

Senator INHOFE. Aye. 

The CLERK. Mr. Markey. 

Senator MARKEY. Aye. 

The CLERK. Mr. Merkley. 

Senator MERKLEY. Aye. 

The CLERK. Mr. Moran. 

Senator BARRASSO. Aye by proxy. 

The CLERK. Mr. Rounds. 

Senator ROUNDS. Aye. 

The CLERK. Mr. Sanders. 

Senator CARPER. Aye by proxy. 

The CLERK. Mr. Shelby. 

Senator SHELBY. Aye. 

The CLERK. Mr. Sullivan. 

Senator SULLIVAN. Aye. 

The CLERK. Mr. Van Hollen. 

Senator CARPER. Aye by proxy. 

The CLERK. Mr. Whitehouse. 

Senator WHITEHOUSE. Aye. 

The CLERK. Mr. Wicker. 

Senator WICKER. Aye. 

The CLERK. Mr. Chairman. 

353 

Senator BARRASSO. Aye. 

The CLERK. Mr. Chairman, the yeas are 21. 

Senator BARRASSO. The yeas are 21, the nays are zero. We have 

approved S. 2800, as amended, which will be reported favorably to 

the Senate. 

I want to thank each and every one of you. 

The voting part of the meeting is finished. I am now happy to 

recognize members who would like to enter into colloquies, and I 

know, Senator Inhofe, you were kind enough to hold back on your 

opening comments because we did have a quorum, and we wanted 

to make sure that people could vote as they were here, so I want 

to thank all of you for agreeing to defer the colloquies until after 

the conclusion of the voting. 

Senator Carper, perhaps before we jump to the colloquies, Senator Inhofe, he could make his opening statement. 

Senator CARPER. That would be fine. 

Senator BARRASSO. Thank you. 

OPENING STATEMENT OF HON. JAMES M. INHOFE, 

U.S. SENATOR FROM THE STATE OF OKLAHOMA 

Senator INHOFE. Thank you, Mr. Chairman and the Ranking 

Member, Senator Cardin, all of the staffs that got this bill to this 

point. 

In 2014 we had a WRDA bill for the first time in 7 years. Initially, we were supposed to have WRDA bills every other year, so 

we made the commitment at that time that we were going to start 

having them, so we had it in 2014, 2016, now 2018 we are keeping 

our word. I appreciate the Chair and the Ranking Member’s commitment to continue the cycle. With the House releasing their bill 

last week and marking up this week, too, we are on track. 

So, if you hear that Congress isn’t working on an infrastructure 

bill, remind them that our water resources and our water treatment system are considered infrastructure, very important infrastructure. 

Our ports are responsible for 99 percent of our overseas trade, 

making up a fourth of our economy. Fourteen percent of our domestic freight travels on inland waterways. I might add that one of 

those inland waterways, which is the most inland warm water port 

in America, happens to be in my State of Oklahoma. 

The America’s Water Infrastructure Act provides project funding 

authorizations for many critical projects. The programs are also reforming the Corps’ budget, cutting red tape, providing more transparency, and increasing local input when it comes to Corps priorities, so I look forward to continuing to work with my colleagues 

as we ensure all of our infrastructure, the backbone of the economy, is prioritized. 

Senator BARRASSO. Well, thank you so much, Senator Inhofe. We 

appreciate your comments and your leadership as the former 

Chairman of the Committee and now as the Chairman of the Subcommittee dealing with this topic. 

Senator INHOFE. Thank you. 

Senator BARRASSO. Thank you so much. 

Senator Carper. 

354 

Senator CARPER. Mr. Chairman, I want to raise an issue regarding Section 1041, a provision related to the benefit to cost ratio, 

known as BCR. I think the current drafting may have some unintended consequences. I want to work with you and your staff, we 

want to work with you and your staff to modify the language in 

this section to make a technical correction that better reflects our 

intent. Specifically, the provision, as currently drafted, may limit 

the ability to seek court review of errors in a benefit to cost ratio, 

and if there are errors in the benefit to cost ratio, then parties 

should have a process for those errors to be remedied. 

Senator BARRASSO. Well, I want to thank you, Senator Carper, 

for raising this issue, which is a concern for all of us. We agree that 

there should be one BCR on a single project. We both share the 

concerns, though, that any BCR changes during project construction could cause delays and waste taxpayer dollars. I am going to 

be happy to work with you to remedy the language as we move to 

the floor. 

Senator Rounds, you are recognized. 

Senator ROUNDS. Thank you, Mr. Chairman. I had originally intended to offer an amendment today that would address a significant issue facing my State and others. The Army Corps of Engineers, under a process begun by the previous Administration, is attempting to finalize surplus water rules that could deprive the 

States of their legal water rights. In addition, the Corps has created unnecessary red tape and requirements for the people of my 

State to be granted easements for routine infrastructure upgrades. 

But in lieu of offering an amendment, Mr. Chairman, I would 

simply ask that you, if you would, please, commit that you and 

your staff would continue to work with me on statutory language 

to address these issues. 

Senator BARRASSO. Absolutely, Senator Rounds. I look forward to 

working with you regarding this important issue as we consider a 

manager’s amendment to the floor, so thank you, Senator Rounds. 

Senator ROUNDS. Thank you, Mr. Chairman. 

Senator BARRASSO. Thank you. 

Senator Markey. 

Senator MARKEY. Thank you, Mr. Chairman. I want to thank you 

and the Ranking Member for your leadership and commitment to 

passing another strong water resources bill in this Congress. As 

the bill moves to the floor, I welcome the opportunity to work with 

this Committee to address another pressing water resource challenge plaguing Massachusetts. 

The Town of Sandwich, on Cape Cod, has suffered from coastal 

erosion over several years, which may be a result of the Federal 

Cape Cod Canal interrupting the natural flow of sediment, that is, 

the sand which flows into the channel rather than onto the beach. 

The town is currently seeking assistance from the Corps to nourish, 

that is, to put sand on the beach using a special program that was 

established to mitigate the damage caused by other Federal 

projects, for example, channels and sea walls. 

Under this program, the Corps typically pays for the entire cost 

of the restoration, and the reason why is simple: if Federal infrastructure is causing harm to our communities, it is the Federal 

Government’s obligation to make those communities whole. Yet the 

355 

Corps may require communities to pay half of the cost of maintaining those beaches after they are restored, that is, placing that additional sand on them once the sand has eroded. 

That is not the spirit of the law. That is why I filed an amendment requiring the Corps to pay for the full cost of future nourishments. I thank Senator Gillibrand for co-sponsoring my amendment, and I would like to work with you, Mr. Chairman, and the 

Ranking Member on this pressing issue before we reach the floor. 

Senator BARRASSO. Well, thank you, Senator Markey. I do appreciate your interest in addressing the issues of the beneficial use of 

sediment. As you know, Secretary James raised this very issue in 

our hearing on America’s Water Infrastructure Act just last week, 

so I believe we need to find a national fix for this issue, and I look 

forward to working with you to address this important issue as we 

move to develop a manager’s amendment for the floor, so thank you 

very much, Senator. 

Senator MARKEY. Thank you. 

Senator BARRASSO. Senator Booker, you are recognized. 

Senator BOOKER. Mr. Chairman, I am really grateful to be recognized, but I am also grateful for you and Senator Carper for putting together this really impressive bipartisan bill. To hear it 

passed with unanimity is testimony to both of your leadership. I 

am grateful, and I am thankful, really, to all the staffs. My team 

has been working with folks on both sides of the aisle. I think this 

is really, unfortunately, a part of my Washington experience that 

is very little talked about outside of Washington, the kind of work 

that went into this. 

I am really pleased to work with Senator Capito; it has been a 

great experience working with her staff throughout this experience, 

especially on the Water Workforce Development Act I, which was 

included in this legislation, something I am very proud of, really 

needed in my State, and I know, others. There is a growing shortage of water workers in the utility sectors. This shortage threatens 

the safety and efficiency and the management of our drinking 

water systems and our wastewater systems. The new program is 

just an important first step to address this issue. 

I want to also thank, in his absence, Senator Boozman for his 

leadership on the SRF WIN Act. I am proud to support this innovative provision that will help States fund bundles of water infrastructure projects that are construction ready, but often lack the 

funding to move forward. 

I filed three amendments, as you all know, that I did not call up 

today for a vote, and I was grateful, frankly, for both of my Chairmen and Ranking Members for agreeing to work with me and Senator Capito as these move to the floor. In particular, I am glad to 

have recently introduced, along with Senator Capito and Senator 

Jones, the Residential Decentralization Wastewater Improvement 

Act. Senator Carper talked to me before this hearing directly, as 

his staff has already affirmed the willingness and the interest to 

work with us on this. 

I filed this amendment and withdrew it because of the commitment I got from leadership to work with me on this, and I just 

want to really make clear my motivations here. I have now traveled now only throughout my State, but throughout the country, 

356 

and been anguished to see what is happening to low income and 

moderate households who have such difficulty connecting to existing wastewater infrastructure or installing upgrades to septic systems. This is a national problem causing things that should not go 

on in the wealthiest Nation on the planet Earth. 

I have seen firsthand in rural parts of our country how low income homes, often in minority areas, that there are upwards of half 

the populations that are not connected to municipal water systems. 

I will never forget touring Alabama, Lowndes County, the very famous civil rights county where the marchers from Selma to Montgomery walked through. I was stunned to see that there are so 

much challenges there with just septic problems. 

I found out about this because, on my Senate Foreign Relations 

Committee, I am the Ranking on the Africa Subcommittee, met 

with Dr. Peter Hotez, who is the probably top American doctor on 

neglected tropical diseases, and we wanted to do something about 

hookworm problems in Africa, and he hands me his book at the beginning of the meeting, and I am flipping through the pages, and 

I was shocked to see that the United States had these problems. 

An estimated 12 million Americans who are suffering from tropical 

diseases like hookworm, and most doctors in this country don’t 

think exists on this continent. And that drew me down to the Black 

Belt in the South, where I started seeing the communities that are 

being affected by this. 

It is shameful. It is just shameful that we are not addressing 

these problems. So, I just want to say I am deeply grateful for this 

bipartisan effort. I really am thankful to Senator Capito for her 

leadership and partnership in driving these issues. 

There is a moral imperative to deal with these issues. The suffering that is going on in places from my State to others because 

of the lack of these simple basic connections to wastewater systems 

and municipal water systems is just something that we can address. We have the power to do this; this is not one of those issues 

that it is a matter of can we, it is do we have the collective will, 

and I am grateful to see that will evidenced by my Ranking and 

my Chairman, as well as other colleagues on this Committee, and 

I am grateful to you for giving me this time to make some remarks. 

Senator BARRASSO. Senator Carper. 

Senator CARPER. Senator Booker and I were able to talk for a 

couple minutes about this earlier. Our southernmost county is Sussex County. We don’t have many counties, but it is the third largest county in America, and most of it is pretty rural. Raised a lot 

of soybeans and chickens and all there, but we have several dozen 

communities that were developed with housing maybe 30, 40 years, 

and at the time the developer installed wastewater treatment, and 

there was a drinking water system that was supposed to be maintained through fees collected from the residents in those communities. Over time people moved, folks stopped collecting the fees, 

and we have situations where the quality of the drinking water is 

not what it ought to be and where the ability to safely dispose of 

wastewater is not what it should be. 

We have an interesting pilot, a couple of interesting pilots going 

on in a couple of those communities that use I think a little bit of 

Federal money, along with involvement of a utility and one or two 

357 

non-profits to see if we can’t come up with a cost effective way to 

meet the moral imperative that you are talking about. So, I am interested in exploring this further and working with you and Senator Capito, and I suspect the Chairman feels the same way. Hopefully, we can have something ready to go by the time this bill 

comes to the floor. 

Thank you. 

Senator BARRASSO. Well, I want to thank you, Senator Booker, 

and I want to thank you, Senator Capito, for raising the issue. The 

language would greatly expand the Clean Water Act. It is my understanding that this issue possibly could be better suited in the 

Farm Bill, and you are trying to include similar language in that 

bill, but I want to work with you on this issue as we move forward 

with the legislative process. 

I just wanted to give Senator Capito, since you raised her involvement, an opportunity to speak to this or other matters related 

to the bill. 

Senator CAPITO. Thank you, Mr. Chairman. I thank the Ranking 

Member. I am delighted that we have come to this point where we 

are unanimous for the WRDA bill. I am glad that we are updating 

it in the timeframes that we need to. 

I want to thank Senator Booker, as well, for working with us and 

including in this bill the Water Workforce Improvement Act. A lot 

of our workers who are tending to our water systems are aging out, 

and it is not a career that a lot of people are really aspiring to. Although it is a very highly technical career, as well, and we need 

to make sure that we are addressing the challenges of an aging 

work force there, so, thank you, Senator Booker, for that. 

Also, I look forward to working with you both on the septic tank 

issue. Obviously, in rural areas it is of great concern. I am going 

to be honest with you, Senator Booker, I did not realize the statistics were as high as they are in terms of diseases that are transmitted because of faulty or infected systems, so that, in and of 

itself, is rather startling. 

There is also another portion of this bill that you all included for 

me, and I appreciate that, and these are intractable water systems. 

These are systems that don’t belong to a municipality. Many of 

them in my State are in the southern part of the State where they 

were old coal camps that have now been abandoned. There is no 

data, there is no help for these entities to be able to manage these 

systems, so any help that we can get. A lot of them are under boil 

water advisories, which, in and of itself, you think are we still living in a time where we are boiling water? But yes, we are, and 

some people are bringing their water in, so working with that is 

good. 

You also included the Buy America requirements that are for 

funding of the Safe Drinking Water State Revolving Fund, so I appreciate that as well. 

I would like to talk about the USE IT Act. Nobody has talked 

about that; it is sort of overshadowed. But I see Senator Whitehouse there, and he has been a great co-conspirator here with us, 

working together with the leadership of this Committee, because 

we started with the 45Q tax credit issue for CCUS. We come at it 

from different angles here. Obviously, I am from a coal State who 

358 

wants to see the use of coal still have as long a life as possible. I 

don’t want to speak for Senator Whitehouse, but he has come to 

it for a carbon capture interest. 

So, this initiative was kind of difficult because it will help incorporate different viewpoints of Federal agencies, States, industry, 

academic, NGOs, to figure out the permitting process for innovative 

projects; like how are we going to carry the carbon. We don’t really 

have the permitting process in place. This will give us a playbook 

for those projects. A lot of this that is occurring now in some of the 

innovation is sort of stumbling in the dark, so I think a good 

framework, which the USE IT Act will bring. 

I would also like to take a moment to thank my staff, because 

I know our staffs have worked very hard on this. We have a great 

co-sponsorship of Barrasso, Heitkamp, and Senator Whitehouse, as 

I mentioned, and I want to thank the Ranking Member and Senator Duckworth for signing on to the manager’s amendment. 

But I would like, in particular, to thank Travis Cohen, who is my 

staff person who has done a wonderful job, but in particular Elizabeth Horner, who is Senior Counsel for EPW Majority on the Council for the Clean Air and Nuclear Safety Subcommittee, which I 

chair. So, thank you to both of them, and I look forward to us 

working together to refine this and to hopefully get it through the 

entire Senate. 

Thank you very much. 

Senator CARPER. I would just add I think you were out of the 

room when I asked unanimous consent that Senator Heitkamp’s 

name also be added as a co-sponsor to the manager’s amendment, 

so she has joined the team as well. 

Senator CAPITO. Great. Thank you. 

Senator BARRASSO. Senator Whitehouse. 

Senator WHITEHOUSE. Thank you, Chairman. 

First, on the USE IT Act, let me say a very big thank you to you 

and to the Ranking Member for your leadership getting this moving. It has been a pleasure to work with the Chairman, Senator 

Capito, Senator Heitkamp, and Senator Duckworth on this piece of 

legislation. 

I want to thank the Audubon Society, The Nature Conservancy, 

the Clean Air Task Force, the Center for Climate and Energy Solutions, and many other groups for their support of this measure. 

I understand that there remain some concerns with the permitting section of the bill, but I come from a State that is now providing clean electrons to the grid from offshore wind, the first in 

the country, and the reason that we are doing that is because we 

made a more efficient permitting regime for offshore wind. 

I have been involved in other reforms that have involved regulatory efficiency, and I think it is really important that we be able 

to work together on those issues. 

To the extent that regulatory efficiency and regulatory improvement becomes a stand in for environmental degradation, please 

know that I and others will stand watch against that. 

The CCUS legislation that we enacted is going to be, I think, empowered by this. It is one thing to take the carbon dioxide out of 

the air at the plant; it is another thing to be able to get it to where 

it can find a beneficial use, whether it is to put bubbles into soda 

359 

or to be used for industrial purposes or for whatever use, and there 

is not, as Senator Capito said, a very effective existing regime for 

how you send CO2 pipelines places. 

In Rhode Island, we have a lot of algal technologies developing 

through groups like bioprocessH20 and Ag Corps, and obviously the 

use and development of algae, which feeds off of carbon dioxide, is 

one of the many uses that our CCUS bill will support. Brown University has a center for the capture and conversion of CO2, which 

I want to thank for their work in this area. 

And we don’t really know yet, but this could be quite a big thing. 

The National Academies have estimated that direct air capture 

technology has the potential to remove a billion metric tonnes of 

CO2 annually, and that could be a very important component of our 

efforts to address the climate crisis, so I thank all of the bipartisan 

participants in this effort. 

On the WRDA bill, a particular thank you again to Senators Barrasso, Carper, Inhofe, and Cardin for their work getting this bill together. There are a lot of my priorities that are in this bill, and 

I appreciate it very much. 

And I appreciate very much our Ranking Member’s pledge to 

continue to work to try to balance the Flood and Coastal Storm 

Damage Reduction Fund, which at this point, despite referring to 

coastal storm damage right in its title, runs $37 to $1 for inland 

over coastal projects. I have raised that with Mr. James, and we 

are going to continue to work to try to get a little bit more balance 

there. 

A big and final thank you to Senator Boozman for his SRF WIN 

bill. I have raised the issue before of how WIFIA is simply not useful to Rhode Island because it operates at a scale, and with interest 

costs, it simply makes it non-competitive. And I think Senator 

Boozman’s amendment, which would open up the WIFIA program 

to States like mine, is potentially a game changer for us and very 

important, so I want to particularly thank him for working to address this concern in a bipartisan way. 

And again, Mr. Chairman, thank you. 

Senator BARRASSO. Well, thank you so much for all of your comments. Everyone here has had a chance and opportunity to speak 

on all of the pieces before us, so I ask unanimous consent that— 

before doing that, though, I will turn to Senator Carper. 

Senator CARPER. Before Senator Whitehouse wraps up, I just 

want to thank him and applaud him and his staff, as well as the 

Chairman and his staff, Senator Capito. You all have done very 

good work, and we appreciate you working with us to I think make 

a good bill even better. 

Sheldon just said that this could be the start of something big, 

or words to that effect. I think he is right. We need something big, 

and to the extent that we can actually produce that, hallelujah. 

That would be great. 

Mr. Chairman, I have a statement for the record from Senator 

Duckworth. I would just ask unanimous consent that it be added, 

please. 

Senator BARRASSO. Without objection. 

[The referenced information follows:] 

360 

STATEMENT OF HON. TAMMY DUCKWORTH, U.S. SENATOR FROM THE STATE OF ILLINOIS

The Utilizing Significant Emissions with Innovative Technologies Act is a significant step forward in the fight against climate change. This bipartisan bill recognizes 

the important role of carbon capture, utilization, and storage (CCUS) in reducing 

emissions. These emerging technologies will not only help combat climate change, 

but will enhance our economy, advance new industries, and create new American 

jobs. 

I would like to thank the authors of the USE IT Act for working diligently with 

me to include important language on permanent geologic storage. Carbon storage 

is the key to ensuring these emissions are safely kept in the ground to help limit 

the harmful impacts of climate change. Illinois is a leader in carbon storage research and infrastructure, and I am proud that my home State is helping us better 

understand how to deploy these technologies in an effective and safe manner. 

As I noted at the legislative hearing, the Intergovernmental Panel on Climate 

Change found that the cost of reducing carbon emissions will be at least 140 percent 

higher without CCUS. This important legislation promotes investment in low carbon 

technology infrastructure and research in emerging, innovative low carbon technologies. Our Nation must embrace every pathway to lowering emissions and bolstering our economy. This bill plays a critical role in achieving both these goals. 

STATEMENT OF HON. TAMMY DUCKWORTH, U.S. SENATOR FROM THE STATE OF ILLINOIS

Mr. Chairman, I want to thank you, Ranking Member Carper, Subcommittee 

Chairman Inhofe, and Ranking Member Cardin for your leadership in advancing 

this important legislation. America’s Water Infrastructure Act is an important and 

thoughtful effort to improve the effectiveness and efficiency of the U.S. Army Corps 

of Engineers, strengthen our Nation’s water infrastructure, and advance dozens of 

projects nationwide that are critical to public health and safety. 

Included in this WRDA reauthorization legislation are key provisions that will 

empower communities to partner with the Corps of Engineers to advance regionally 

significant projects by requiring Corps districts to produce 5-year budgets and work 

plans with input and participation from local and regional stakeholders. The bill 

steers funding to Corps districts to create these work plans and prospective budgets, 

adding more transparency to Corps budgeting activities. 

Many communities in Illinois that have been frustrated by the Corps’ antiquated 

‘‘Benefit-to-Cost Ratio’’ will breathe a sigh of relief from provisions included in this 

legislation that require the Comptroller General to examine benefit-cost calculations 

and require the National Academy of Sciences to study the Corps’ project planning 

process to determine if the Corps should move away from the existing project-based 

authorization process. 

I am also proud of the other provisions included in this legislation that will benefit Illinois by optimizing opportunities for managing wet weather events in ways 

that bolster a community’s resiliency. One such provision integrates the Corps’ work 

with local municipal stormwater management projects to help ensure broader water 

resource management goals are met. The bill also requires the Corps to review their 

procedures for addressing urban flood risk to allow more active Federal participation in urban flooding events and prioritizes the McCook Reservoir project to better 

protect 5 million Chicago-area residents from flooding in their homes and businesses. This WRDA legislation makes enormous strides in protecting one of Illinois’ most 

precious resources, the Great Lakes, through a reauthorization of the Great Lakes 

Restoration Initiative with increased funding authorizations of $30 million in fiscal 

year 2019, $60 million in fiscal year 2020, and $90 million in fiscal year 2021. The 

bill includes the Great Lakes Coastal Resiliency Study to facilitate meaningful coordination between various Federal and State agencies to produce recommended actions to manage and protect the Great Lakes coastline—an effort supported by all 

eight Great Lakes States. The bill also calls on the Corps to complete a final feasibility report for the Brandon Road Study by February 2019 and makes it easier for 

existing local funding to be used in this important effort. 

As the Ranking Member of the Fisheries, Water, and Wildlife Subcommittee with 

jurisdiction over Federal drinking water and wastewater infrastructure programs, 

I am very pleased that the bill reinforces congressional commitment to the Clean 

and Safe Drinking Water State Revolving Funds by calling for robust funding of 

capitalization grants. I am also pleased that the Committee included a reauthorization of the Water Infrastructure Finance and Innovation Act (WIFIA) pilot program 

to help accelerate water infrastructure investment by providing long term, low cost 

361 

supplemental loans for regionally and nationally significant projects. At the urging 

of Subcommittee Chairman Boozman, the bill also includes new innovative financing 

options for States and communities to consider a wider array of investment opportunities. Finally, I am heartened to see that Buy America protections for drinking 

water infrastructure projects were made permanent in the bill, which are critically 

important to our domestic steel industry. 

This bill is a significant and meaningful step forward for the thousands of communities that depend on modern ports and waterways, safe and reliable water infrastructure, or deal with pervasive flooding. This legislation sets the stage for modernizing our waterways so that American industries that rely on efficient, safe, and reliable transportation systems can remain competitive in the global marketplace, but 

more must be done to address our backlog of aging locks and dams by including additional innovative mechanisms to increase funding for these critical assets on the 

Mississippi and Illinois Rivers, among others. 

Mr. Chairman, Ranking Member Carper, I want to thank you again for your leadership on this important effort and your commitment to continue working with 

members of this Committee throughout the legislative process. I look forward to continuing our dialogue about how to enhance lead testing and monitoring of drinking 

water infrastructure at schools to protect public health and the safety of our children. 

Finally, I would like to thank the Committee staffs, both majority and minority, 

for their tireless work and dedication to this bipartisan effort. I strongly encourage 

my colleagues to support S. 2800, the bipartisan America’s Water Infrastructure 

Act. 

Senator CARPER. And Mr. Chairman, I also have several letters 

of support for the record for America’s Water Infrastructure Act. 

These include the American Society for Civil Engineers, National 

Park Conservation Association, Great Lakes Commission, American Shore and Beach Preservation Association, National Association of Counties, Audubon, American Rivers, Nature Conservancy, 

U.S. Conference of Mayors, National League of Cities, and League 

of Conservation Voters. 

I would ask that those letters be submitted for the record. 

Senator BARRASSO. Without objection. 

Senator CARPER. Thank you very much. 

[The referenced information was not received at time of print.] 

Senator BARRASSO. And I have a similar long list of letters for 

the record, and I would be happy to submit them, without objection, and that will be done. 

[The referenced information follows:] 

362 


35696.345

May21,2018 

Senator John Barrasso 

Chairman, 

Committee on Environment & Public Works 

410 Dirksen Senate Office Building 

Washington, DC 20510 

Senator Jim lnhofe 

Chairman, 

Transpot1ation & Infrastructure Subcommittee 

205 Russell Senate Office Building 

Washington, DC 20510 

Senator Tom Carper 

Ranking Member, 

Committee on Environment & Public Works 

456 Dirksen Senate Office Building 

Washington, DC 20510 

Senator Ben Cardin 

Ranking Member, 

Tmnsportation & Infrastructure Subcommittee 

509 Hart Senate Office Building 

Washington, DC 20510 

Re: Support for America's Water Infrastructure Act 

Dear Chairman Barrasso, Ranking Member Carper, Senator lnhofe and Senator Cardin, 

The nation's leading construction, engineering. municipaL conservation, public works, 

infrastructure finance, labor and manufacturing organizations, support America's Water 

Infrastructure Act and applaud the inclusion of the Securing Required Funding for Water 

Infrastructure Now Act- the SRF WIN Act The inclusion of the SRF WIN Act in the 

America's Water Infrastructure Act will bring billions of dollars in critical water and wastewater 

infrastructure funding to thousands of communities across the nation. We greatly appreciate 

your commitment to improving our nation's water infrastructure and look forward to working 

with you to secure broad bipat1isan support for passage and enactment of the America's Water 

Infrastructure Act 

The Innovative Financing for State Loan Funds provisions in America's Water 

Infrastructure Act utilize the substantial leveraging of Federal infrastructure funding established 

through the Water Infrastructure Finance Innovation Act (WIFIA) to finance the existing Clean 

Water Act and Safe Drinking Water Act State Revolving Funds (CW A and SDWA SRFs). State 

Finance Authorities have been· successfully financing wastewater infrastructure projects through 

the CWA SRF for the past 30 years and drinking water infrastructure through the SDWA SRF 

for the past 20 years. State Finance Authorities have solicited and assessed thousands of water 

infrastructure project proposals submitted by large and small communities in every state and 

Congressional District States currently have thousands of vetted water infrastructure projects 

awaiting SRF funding. 

State Finance Authorities are in an ideal position to combine WIFIA leveraged funding 

with existing SRF Funds to expeditiously finance thousands of existing water infrastructure 

projects. The America's Water Infrastructure Act makes this essential water infrastructure 

funding and finance synergy a reality. 
363 


35696.346

Page 2 

As America's leading advocates for significant fiscally responsible, investment in our 

nation's water infrastructure we are committed to working with you to deliver the America's 

Water Infrastructure Act to the President's desk this year. 

Sincerely, 

• American Council of Engineering Companies- ACEC 

• American Composite Manufacturers Association- ACMA 

• American Public Works Association- APWA 

• American Society of Civil Engineers- ASCE 

• Arkansas Natural Resources Commission- ANRC 

• Arkansas Rural Water Association - ARWA 

• Associated General Contractors of America- AGC 

• Ducks Unlimited- DU 

• Grasslands Water District-- GWD 

• Hydraulic Institute- HI 

• International Union of Operating Engineers- IUOE 

• Laborers International Union of North America- LIUNA 

• Land Trust of Arkansas- LTA 

• Milwaukee Metropolitan Sewer District - MMSD 

• National Association of Clean Water Agencies- NACWA 

• National Electrical Contractors Association- NECA 
364 


35696.347

Page 3 

• National Rural Water Association- NRWA 

• NEW Water 

• Riceland Foods 

• Rural Community Assistance Partnership - RCAP 

• United Association of Plumbers and Pipefitters- The United 

• Vinyl Institute- VI 

• Water Infrastructure Network- WIN 

• Water Systems Council- WSC 

• Water Well Trust -- WWT 
365 


35696.348

May 22, 2018 

The Honorable John Barrasso The Honorable Thomas R. Carper 

Chairman Ranking Member 

Committee on Environment and Public Works Committee on Environment and Public Works 

U.S. Senate 

Washington, DC 20510 

U.S. Senate 

Washington, DC 20510 

Dear Chairman Barrasso and Ranking Member Carper: 

We, the undersigned organizations are very pleased with your commitment and leadership in the 

development of S. 2800, America's Water Infrastructure Act of 2018. In particular, we offer our 

support for a provision authored by Senator lnhofe (R-OK) included in the Chairman's substitute 

amendment that will improve U.S. Army Corps of Engineers (Corps) transparency by establishing 

a publicly available national database of Corps real estate assets. 

The Corps currently possesses or is responsible for the management of substantial land holdings. 

The district offices are currently preparing a digital system for disclosing their land holdings, but 

only at the district or regional level and not accessible to the public. It is currently difficult for 

project proponents to determine where and whether Corps real estate interests exist because 

they are not clearly identified in a database or record. 

We support the provision to establish a publicly available central portal for those disclosures so 

that all stakeholders can more easily view the depth and breadth of the Corps' holdings. This 

public database would alert potential applicants of the need to obtain special authorization in a 

given area and would relieve the Corps of the need to enumerate its real estate interests every 

time a prospective applicant requests this information. 

The establishment of a Corps real estate database reflects good Government and optimizes 

resource requirements for applicants and the Corps. We look forward to continuing to work with 

you on S. 2800, America's Water Infrastructure Act of 2018. 

Sincerely, 

American Petroleum Institute 

Associated General Contractors 

National Waterways Conference 

Waterways Council, Inc. 
366 


35696.349

AMtRICAN PUBLiC WORKS ASSOCIATION 

May 21.2018 

The Honorable John Barrasso 

Chairman 

Committee on Environment and Public Works 

United States Senate 

Washington. DC 20510 

Dear Chairman Barrasso and Ranking Member Carper: 

The Honorable Tom Carper 

Member 

on Environment and PubHc Works 

United Slates Senate 

\Vashington. DC 10510 

On behalf of the American Public Works Association (APWA) and our more than 30.000 members, I am 

thank you f\."Jr inclusion of S. 2364. the Securing Funds for \Vater Infrastructure 

WlN) Act in the final amendment S. 2800 America's Water 

Infrastructure Act of2018. APWA is efforts to pass this important bipartisan 

legislation as a vehicle to address v.;atcr inii·astruclure 

The SRF \VIN Act will help communities across our nation maintain and enham:e their water 

infrastructure providing much needed financial suppmi. The provides dedicated federal 

funding. our nation's communities to essential water infrastructure 

of the \Vater Infrastructure Finance Innovation Act 

State SRF WlN has 

APWA is immensely of the \\·ork you and thl.~ Senate Environment and Public Works 

the issues infrastructure in our country. Speclfkully. 

we arc pleased to see inclusion of the foHov.:ing inS. 2800: 

Study on WIFIA implementation impediments (Sec. 1028): 

Local government water management plans (Sec. 1 042); 

Stormwatcr infrastructure funding task force (Sec. 5001): 

Reauthorization of the WlFIA program (Sec. 5002): 
367 


35696.350

AMEFrfCAN PUBLIC WORKS ASSOCJAT/QIV 

Water infrastructure tlexib!llty (Sec, 5006): 

Study on intractable water systems (Sec. 5008}: 

Water infrastructure and workforce investment (Sec. 501 0); 

Sense of Congress relating to State Revolving Funds (Sec. 50 ll ): and 

GAO on WIFIA in small communities. rural communities, disadvantaged 

con11mmnres. and communities (Sec. 5012). 

All these clements, combined with language enabling the Army Corps 

important throughout the country, combine to makeS. 2800 a 

our water infrastructure problems. 

Sincerely. 

William ll. (flo) Mills, Jr .. PWLF 

President 

DTC•·'7 \f(,,;;f'·rc,; 

'\c•XfD ·,r.l<r,•n 
368 


35696.351

May 9. 2018 

The Honorable John Barrasso 

Chainnan 

Environment and Public Works Committee 

410 Dirksen Senate Office Building 

Washington, DC 20510 

The Honorable Jim lnhofe 

Chairman 

Environment and Public Works Committee 

Transportation and Infrastructure Subcommittee 

410 Dirksen Senate Of!lce Building 

Washington, DC 20510 

RE: America's Water Infrastructure Act of 2018 

Ameritari Rivers 

The Honorable Thomas R. Carper 

Ranking Member 

Environment and Public Works Committee 

465 Dirksen Senate Office Building 

Washington, DC 20510 

The Honorable Benjamin L. Cardin 

Ranking Member 

Environment and Public Works Committee 

Transportation and Inthstructurc Subcomn1ittce 

465 Dirksen Senate Office Building 

Washington, DC 20510 

Dear Chairmen Barrasso and Carper and Ranking Members Inhofe and Cardin: 

On behalf of American Rivers' members and supporters, thank you for introducing America's \Vater 

Infrastructure Act of2018. American Rivers appreciates the work you and your staff have put into 

developing this bipartisan bill to authorize water infrastructure projects and programs by the Army 

Corps of Engineers and the Environmental Protection Agency. 

American Rivers protects wild rivers, restores damaged rivers, and conserves clean water for people and 

nature. Since 1973. American Rivers has protected and restored more than 150,000 miles of rivers 

through advocacy efforts, on-the-ground projects, and the annual America's Most Endangered Rivers® 

Campaign. Headquartered in Washinbrton, DC. American Rivers has offices across the country and more 

than 275,000 members, supporters, and volunteers. As the nation's leading river advocate, American 

Rivers seeks to ensure the quality and quantity of our nation's rivers and floodplains are protected as we 

rehabilitate our nation's '-Vater infrastructure. 

American Rivers would like to thank the Committee for including provisions that will advance the use 

of natural infrastructure by the Army Corps and we applaud you for introducing a bill that maintains 

environmental safeguards which are critical for ensuring that water resource investments do not cause 

undue harm to rivers and streams. We also appreciate the inclusion of language that will provide 

transparency to the Army Corps' disposition studies. and look forward to working with you to 

incorporate improvements that will facilitate the removal of outdated infrastructure at the end of its lifecycle. 

1101 Hth Street, NW Suite MOO Washington, DC :woos~5637 phone 202.347.7550 fax 202.347.9240 AmericanRivers.org 
369 


35696.352

We share the Committee's interest in advancing integrated water resources management approaches 

within the Army Corps' long-term budgeting and work planning. We encourage the Committee to 

consider changes that will ensure that ecosystem restoration projects are assessed based on their ability 

to achieve quantitative and qualitative restoration goals. 

The bill supports a holistic approach towards achieving clean and reliable water for our communities by 

using equitable and innovative investments in water infrastructure while maintaining protections for 

clean water and public health. The promotion of green stormwater infrastructure and water efficiency 

not only addresses our water infrastructure problems but provides many additional community benefits. 

As the nation's leading advocate for protecting and restoring rivers, we'll be reviewing the entire bill to 

ensure that it does not cause unintended harm to rivers and the communities that depend upon them. For 

instance, we were disappointed to see the authorization for the Pearl River Demonstration Project. which 

earned a spot on the 2015 America's Most Endangered Rivers Report. 

Thank you again for the hard work you and your staff have put into developing this bill. We look 

forward to providing you with additional feedback. If any questions arise please email or call Meghan 

Boian: mboian@americanrivers.org or 202-243-7037. 

Sincerely, 

Jim Bradley 

Vice President, Policy & Government Relations 

110114th Street, NW Stlite 1400 Washington, DC 20005~5637 phone 202,347.7550 fax 202.347.9240 AmeriranRiwrs.org 
370 


35696.353

'!S~~a 

I Advocating for healthy coastlines ·~-~-~'""=-'~-~-. -"·~·-~ 

Online at www.asbpa.org 

Managing Office: 

5460 Beaujolais Lane 

Fort Myers, FL 33919-2704 

Phone: (239) 489-2616 

Fax: (239) 362-9771 

Email: managing@asbpa.org 

Washington, DC Office 

553 Park Rd. NW 

Washington, DC 20010 

Phone (202) 827-4246 

Email: Derek.Brockbank@asbpa.org 

May 8. 2018 

Chairman John Barrasso 

Ranking Member Tom Carper 

Senate Committee on Environment and Public Works 

410 Dirksen Senate Office Building 

Washington. DC 20510-6175 

The American Shore and Beach Preservation Association is pleased to 

support America's Water lnti·astructure Act of 2018 which was 

introduced today by the Senate Environment and Public Works 

Committee Chairman John Barrasso, and Ranking Member Tom Carper 

along with Transportation and Infrastructure Subcommittee Chair Jim 

lnhofe and Ranking Member Ben Cardin. 

This legislation is an important step fonvard for the nation's water 

resources needs. The broad scope of issues covered in the bill and 

authorization of very needed projects is an important piece needed to 

address the nation's infrastructure management improvements. 

ASBPA welcomes the new considerations the bill includes to increase 

the resilience of coastal communities. This legislation provides 

opportunity to rethink how and why we as a nation invest in critical 

water resources. The many damaging coastal storms of the past few 

years clearly remind us why taking care of our coastal defenses is a vital 

need. We continue to need to invest in well planned and engineered 

defenses against storms and use natural features to do so as often as we 

can. This bill takes us a needed step fonvard in improving our coastal 

defenses. 

1 This bill represents the best of Congress in the way both parties united 

to address critical needs of the Nation. I speak for the many members of 

ASBPA in thanking you for the bipartisan work that went into creating 

this bill. We look forward to continuing to work with the EPW 

Committee as this bill moves forward. 

Please call on us for anything we can do to help in your work to 

accomplish passing this bill. We look forward to providing science and 

technologically backed expe11isc if the Committee needs our assistance. 

Very truly yours, 

Anthony P. Pratt 

President 
371 


35696.354

Chairman John Barrasso 

Committee on Environment and 

Public Works 

United States Senate 

410 Dirksen Senate Office Building 

Washington, DC 20510 

Chairman James Inhofe 

Subcommittee on Transportation and 

Infrastructure 

United States Senate 

410 Dirksen Senate Office Building 

Washington, DC 20510 

May 21,2018 

Ranking Member Tom Carper 

Committee on Environment and 

Public Works 

United States Senate 

456 Dirksen Senate Office Building 

Washington, D.C. 20510 

Ranking Member Ben Cardin 

Subcommittee on Transportation and 

Infrastructure 

United States Senate 

456 Dirksen Senate Office Building 

Washington. D.C. 20510 

Chairmen Barrasso and Inhofe. Ranking Members Carper and Cardin, and the Members of the 

Senate Committee on Environment & Public WorksThe undersigned organizations represent a cross-section of the United States- conservation 

organizations. industry organizations. and state and local governments. We each have different 

priorities and legislative goals, but we all suppoti efforts to improve the environment, economy, 

and resilience of our inland and coastal communities. As such, we are pleased to sec the 

introduction of S. 2800, America's Water Infrastructure Act of 2018 (WRDA) and thank the 

committee for committing to a two year authorization cycle for this impottant water resources 

legislation. 

As the committee moves forward with deliberations. we would like to commend Environment & 

Public Works Committee Chairman Barrasso and Ranking Member Carper, as well as 

Transpottation and Infrastructure Subcommittee Chairman lnhofe and Ranking Member Cardin, 

for their bipartisan work on the bilL It is a testament to them that America's Water Infrastructure 

Act of 2018 maintains broad support across party and geographic lines. 

We are especially encouraged to see increased focus on nature-based infrastructure to protect our 

coastlines and inland waterways. Beaches, dunes, wetlands, oyster reefs. and other natural 

infrastructure not only protects residents and businesses, but can provide critical protection 11-om 

nooding and reduce storm damage while also providing ecological benefits, supporting local 

economies, and saving money. 
372 


35696.355

We look forward to working with the Committee on Environment and Public Works and the 

United States Senate to ensure that this legislation contains policies and projects that can work 

for all communities across the United States. Thank you for your time and please do not hesitate 

to contact us with any questions. 

Sincerely, 

asb a 

Derek Brockbank 

Executive Director 

American Shore & Hcach Preservation Association 

ASSOCIATION NATIONAL N~Co 

:/'COUNTIES 

Mathew D. Chase 

Executive Director 

National Association of Counties 

Bradley Watson 

Acting Executive Director 

Coastal States Organization 

Julie Hill-Gabriel, Esq. 

VI', I:Vater Conservation 

National Audubon Society 
373 


35696.356

May 8, 2018 

The Honorable John Barrasso 

Chairman 

U.S. Senate Committee on Environment 

and Public Works 

410 Dirksen Senate Office Building 

Washington, D.C. 20510 

ASCE 

AMERICAN SOCIETI OF CIVIL ENGINEERS 

1 01 Consn!Unon Avenue, NW, Suite 37 5 East 

Washington, 0(20001-2179 

(800l 548 ASCE(1713) ~//free (202) 789.7850 

(202)789J8591ux • www.ASCE.org 

The Honorable Tom Carper 

Ranking Member 

U.S. Senate Committee on Environment 

and Public Works 

456 Dirksen Senate Office Building 

Washington, D.C. 20510 

Dear Chairman Barrasso and Ranking Member Carper: 

We are writing to express our support for many of the provisions that have been included in 

America's Water Infrastructure Act of 2018, WRDA 2018, including reauthorization of the 

National Dam Safety Program and the National Levee Safety Program. 

We are also pleased with the bill's important alternative financing and delivery mechanisms, 

including a reauthorization of the WIFIA program for the EPA and the U.S. Army Corps of 

Engineers. 

Additionally, we support the provision that allows the USACE to retain user fees at recreation 

facilities for the use of operation, maintenance, and management at the site where the fee is 

collected, and we urge the Committee to follow in the Administration's lead by authorizing new 

user fee collection and retention under the Section 5014 pilot program of WRRDA 2014. 

However, as the legislation moves forward, we urge the Committee to includeS. 2364, the 

Securing Required Funds for Water Infrastructure Now (SRF WIN) Act, a bill designed to help 

tackle our nation's water resources infrastructure investment deficit. 

Our nation's water resources systems are crucial to our nation's economy, public safety, and 

the preservation and enhancement of our environmental resources. Our levees, dams, inland 

waterways, and ports protect hundreds of communities, support millions of American jobs, and 

generate trillions of dollars of economic activity. However, many of these infrastructure assets 

have reached the end of their design life, and the investment gap must be closed if we hope to 

both repair and modernize our water resources systems to be competitive in the 21" century. 
374 


35696.357

The Honorable John Barrasso 

The Honorable Thomas Carper 

May 8, 2018 

Page 2 of 2 

In conclusion, ASCE believes our nation must prioritize the investment needs of our water 

resources systems to ensure public safety, a strong economy, and the protection of our 

environmental resources. We are pleased to lend our support to the America's Water 

Infrastructure Act of 2018, as a way to raise the grades on the nation's water resources 

infrastructure. 

Sincerely, 

Kristina L. Swallow, P.E., ENV SP, F.ASCE 

2018 President 
375 


35696.358

~~~; METROPOLITAN 

WATER AGENCIES 

N/\CW/\ Water Environment 

Federatlorr ...... J 

May 8, 2018 

The Honorable John Barrasso 

Chairman 

Committee on Environment and Public Works 

United States Senate 

Washington, DC 20510 

Dear Chairman BaJTasso and Ranking Member Carper: 

The Honorable Tom Carper 

Ranking Member 

thowatorquoitty~· 

Committee on Environment and Public Works 

United States Senate 

Washington, DC 20510 

On behalf of the undersigned organizations, we wish to express our support for America's Water 

Infrastructure Act of 2018. This bill responsibly continues Congress' recent practice of reauthorizing 

the Water Resources Development Act on a predicable two-year schedule and delivers continued 

funding opportunities for critical water infrastructure improvements. 

In particular, we strongly support the bill's reauthorization of the existing Water Infrastructure Finance 

and Innovation Act (WIFIA) program. Originally authorized in the 2014 WRDA bill, WIFIA is designed 

to complement EPA's State Revolving Fund (SRF) programs by leveraging a relatively modest federal 

investment into a significant source of low-interest loans for major drinking water and wastewater 

infrastructure projects across the country, as well as compilations of smaller projects assembled by state 

SRF agencies. In fact, EPA Administrator Scott Pruitt recently told a House committee that WIFIA is 

"an additional innovative and flexible source oflow-cost capital for communities of all sizes." 

EPA recently awarded its first loan under the WIFIA program, and the agency has just begun to solicit 

letters of interest for the next round of funding which promises to leverage a $55 million appropriation 

into $5.5 billion worth of loans to states and communities. We appreciate that your legislation will 

allow the W!FIA program to build on this progress. 

Our organizations also strongly appreciate provisions in the bill to strengthen the nation's drinking water 

and wastewater infrastructure and help respond to critical issues facing our sector. Codifying 

wastewater integrated planning, a proposal that has already passed the Senate with ncar unanimous 

support (S. 692), will help advance infrastructure investment through strategic, holistic planning. 

Further key provisions include authorizing EPA's WaterSensc program, promoting wastewater recycling, 

strengthening the water workforce, and endorsing continued robust SRF funding. 

Again, we would like to express our support for America's Water Infrastructure Act of2018 with these 

critical provisions ic>r advancing water infrastructure across the country. We urge that they remain in 

the final legislation, and we arc willing to work with you to address any technical corrections that may 

be necessary. We look forward to working with the committee to advance this important legislation. 

Sincerely, 

American Water Works Association 

Association of Metropolitan Water Agencies 

National Association of Clean Water Agencies 

Water Environment Federation 

cc: Environment and Public Works Committee members 
376 


35696.359

EDDIE STEWART, President 

DlRK ELSPERMAN, Senior Vice President 

ROBERTC LANHAM, Vice President 

JOEL ZINGESER, Treasurer 

STEPHEN E. SANDHERR, Chief Executive Officer 

JEFFREY D. SHOAF, Chief Operating Officer 

May21.2018 

The Honorable John Barrasso 

Chairman 

U.S. Senate Committee on the 

Environment & Public Works 

RE: S. 2800, America's Water Infrastructure Act of2018 

Dear Chairman Barrasso and Ranking Member Carper: 

ACC of America II !!it ,\)!JlKi•\llDClNLRA! CO ... TR!\C_TORSOF 1\MfRICA l~-.. 

Building on Expericn<e YEARS 

The Honorable Tom Carper 

Ranking Member 

U.S. Senate Committee on the 

Environment & Public Works 

On behalf of the Associated General Contractors of America (AGC). I would like to thank you for the introduction 

of S. 2800, "America·s Water Infrastructure Act of20 18,'' and continuing the biennial passage of a water resources 

development authorization bill. This bipartisan bill Is positive step forward as Congress looks to address our 

nation's water infrastructure needs. As such. AGC is supportive of the legislation and encourages the committee to 

report it favorably. 

S. 2800 authorizes essential construction projects executed by the U.S. Army Corps of Engineers (USACE) that 

help protect Americans from floods and natural disasters, ensure clean and safe drinking \Vater reaches homes, 

enable the nation's waterborne commerce to reach harbors on the coasts and inland waterway ports, and restore 

environmentally sensitive areas of the country. In panicular, AGC strongly supports the inclusion of the ''Securing 

Required Funding for Water Infrastructure Now Act (SRF WIN Act) and the reauthorization of the Water 

Infrastructure Finance and Innovation Act (WIFIA). Additionally, AGC is pleased to see language is not included 

in the bill that would authorize appropriations for purchase of a USACE owned and operated hopper dredge. 

Further, we appreciate the further improvements to the regulatory permitting process that will help with timely 

project delivery. 

Again, thank you for your introduction of America·s Water Infrastructure Act of2018 and your continued 

commitment to improving our nation's water infrastructure. We look forward to working with you to secure 

passage of this important legislation. 

Sincerely, 

Scan O'Neill 

Vice President, Congressional Relations & Infrastructure Advancement 

Cc: Members of the U.S. Senate Committee on the Environment & Public Works 

2300 Wilson Blvd., Suite 300 • Arlington, VA 22201-3308 

Phone' 703.548.3118 • Fax: 703.837.5400 • www.agc.org 
377 


35696.360

Coalition To Restore Coastal louisiana 

l I l 0 R1vcr Road S, Sl J!fC' 7 2 2 li(JtCW1 Rouqc, LA 7080) 7 6 I '1 l R ! 

180 l c cln(li \rrc:cr. StJiiC 400, f'>J'cvv ()riC\illc;, I A 70 I 1 C) • L)O"l /64 ()8 i? 

May 21, 2018 

The Honorable John Barrasso 

Chairman 

Environment and Public Works Committee 

410 Dirksen Senate Office Building 

Washington, DC 20510 

The Honorable Thomas R. Carper 

Ranking Member 

Environment and Public Works Committee 

465 Dirksen Senate Office Building 

Washington, DC 20510 

Re: America's Water Infrastructure Act of 2018 

Dear Senators Barrasso and Carper: 

We applaud you on your recent introduction of the America's Water Infrastructure Act of 2018. 

This act is a monumental bi-partisan accomplishment and it has been completed with broad input 

from stakeholders. Overall, we are quite happy with the act. We have a few comments that we 

would like to share. 

We are happy to see the Act's focus on integrated water resources management. Louisiana's 

water resources challenges exist in a dynamic system, in the largest watershed in the country. It 

is absolutely necessary that the challenges of the Mississippi River Delta be understood, studied 

and operated as a system. All U.S. Army Corps of Engineers (USACE} projects and programs exist 

and interact with one another in the watershed (as well as with projects created by other federal 

and state partners, notably, the Louisiana Coastal Protection and Restoration Authority}. We are 

pleased to see a request for a National Academy of Sciences study that investigates the potential 

efficacy of a system-wide authorization process for water resources development projects. We 

request some clarification on this language, however. It is our belief that the intention of the term 

"system-wide" on line 3, page 23 is that it would include "watershed-based," as discussed in other 

sections. As we understand it, system could refer to a physical system (such as the system of locks 

that exist on the Mississippi River} or it could refer to a system like a watershed. We believe that 

both terms should be included on this line to clarify the author's intent. 

We are also pleased to see language in Section 1001 that allows public participation in the 

development of district budgets. The process proposed here would provide an open and 

transparent, collaborative process through which stakeholders could participate in budget 

development. Stakeholders can be vital and important partners to U5ACE in helping to reach 

shared goals and we believe that this process can support USACE in defending projects that are 

important to stakeholders. For clarification, we request that line 17 of page 17 include the term 

"stakeholders" in addition to "cost-share partners" as we believe that is your intent. 

We are pleased to see that language was included in Section 1023 regarding natural 

infrastructure. However, we are concerned that the included language doesn't go far enough. The 

included language only addresses feasibility studies, that is, new projects. It does not address the 

continued operations and maintenance of existing projects. There is huge potential for USACE to 

Our Coast, Our Future 

VVv'AV(RCL org 
378 


35696.361

increase its use of natural infrastructure during ongoing operations and maintenance activities 

(for instance, in using sediment from routine channel dredging operations in a beneficial manner) 

or in rebuilding after storm events (for instance, removing hardened structures for beach 

protection and using natural infrastructure for protection purposes instead). The vast majority of 

USACE engineering actions occur during operations and maintenance of existing projects or with 

supplemental funding after disasters. This language does not compel USACE to change its existing 

operations in these vital areas. 

USACE frequently cites the federal standard as the reason why they cannot use more sediment 

beneficially. We urge that this perpetual issue be addressed in future legislation. Until changes 

are made at a congressional level, either by allocating more money to routine dredging projects 

to enable them to use sediment beneficially, or by directly addressing the cost/benefit ratio of 

dredging in congressional language, there will simply not be meaningful progress at USACE on 

increasing its use of natural infrastructure. 

We are happy to see the requested expediting of key Louisiana environmental restoration 

projects in sections 2314, 2315 and 2317, including the Louisiana Coastal Area project and the 

Southwest Coastal Area project. These projects would be vital additions to Louisiana's coastal 

ecosystem. 

We are also happy to see the language in section 3111 to purchase a new hopper dredge. 

Increasing dredging costs hampers the ability of USACE to conduct critical dredging operations 

and hampers their ability to use sediment beneficially. Any actions that decrease dredging costs 

enables USACE to have the ability to use more sediment beneficially. 

We are concerned with the addition of section 3117, which authorizes the Secretary to establish 

the Pearl River Basin demonstration project. This proposed project has been consistently opposed 

by the Louisiana Legislature, multiple Louisiana parishes, and a wide swath of the non-profit 

community in Louisiana. The project promises to be significantly destructive to restoration 

projects, industrial users of the River, and oystermen. In short, this project is opposed by a wide 

variety of stakeholders in both Louisiana and Mississippi. We request this provision's removal 

from the bill. 

We congratulate you on this ambitious Act and look forward to working with you and supporting 

it as it moves forward. 

Sincerely, 

Kimberly Davis Reyher 

Executive Director 

Emily Vuxton 

Policy Director 
379 


35696.362

May7,2018 

~LLIANCESM 

Protecting Water for Western Irrigated Agriculture 

P.O. Box 216 

Klamath Falls, Oregon 97601 

www.familvfarmalliancc.org 

The Honorable John Barrasso, Chairman 

The Honorable Tom Carper. Ranking Member 

Committee on Environment and Public Works 

United States Senate 

410 Dirksen Senate Office Building 

Washington. DC 20510-6175 

Re: America's Water Infrastructure Act of2018 

Dear Chairman Barrasso and Ranking Member Carper: 

On behalf of the Family Farm Alliance (Alliance), we write in support of the "America's Water 

Infrastructure Act of20 IS" (A \VIA). Thank you for your leadership on this impot1ant legislation. 

Mr. Pat Riley of Montana will represent the Family Farm Alliance at your committee hearing 

and provide additional perspective the A \VIA provisions impo11ant to our membership. 

The Alliance is a grassroots organization of family fanners, ranchers, irrigation districts. and 

allied industries in 16 Western states. The Alliance is focused on one mission: To ensure the 

availability of reliable, affordable irrigation water supplies to Western fanners and ranchers. We 

are also committed to the fundamental proposition that Western irrigated agriculture must be 

preserved and protected for a host of economic, sociological, environmental, and national 

security reasons many of which are often overlooked in the context of other national policy 

decisions. 

As you know, the A \VIA. also known as the Water Resource Development Act (WRDA). is a 

biennial piece of legislation that is the main vehicle for authorizing water projects to be studied. 

planned and developed by the U.S. Army Corps of Engineers (Corps). It is also the legislative 

vehicle for implementing policy changes with respect to the Corps' water resource projects and 

programs. As such, this legislation is very important to the rural communities of the Western 

United States. 

We appreciate that the 2018 A WIA includes specific provisions that will benefit the Upper 

Missouri River watershed, where Mr. Riley resides, as well as rural communities and agricultural 
380 


35696.363

water users in those areas of the country located west of the IOO'h meridian. Some of the key 

provisions of A WIA 2018 that apply to the Upper Missouri River system and the West include 

modifications to Fontenelle Reservoir in Wyoming, flood protection on the Snake River, 

reauthorization of the national levee safety program, adjustment of flood control rule curves on 

non-Federal reservoirs, control of invasive species, and evaluation of federal agency capabilities 

and capacity, among others. 

The A WIA 2018 also includes several sections we believe would give local interests a stronger 

role in flood management and provide a balanced fair means of addressing the challenges faced 

by rural communities with limited funds and human resources. 

With water infrastructure in the spotlight in this Congress, the Family Farm Alliance has testified 

several times before Senate and House legislative and oversight committee hearings over this 

past year. We believe any new federal water infrastructure investments or financing tools should 

be made available for improvements in water conveyance, surface water storage, aquifer storage 

and recovery, groundwater recharge, wastewater and stormwater management, water reuse, 

desalination, and water use efficiency projects. Extreme hydrologic events marked by drought 

on one end, and floods on the other- will require everyone in the West to adopt a new paradigm. 

one that truly promotes wise management of this limited and valuable resource. This new 

paradigm will also mean additional investment in technology, conservation and new water 

storage and management infrastructure in order to deal with the uncertainties that lay before us. 

We believe the America's Water Infrastructure Act of2018 prepared by your Committee shows 

a strong commitment to existing and future water infrastructure, recognizes the unique 

challenges faced by rural communities, and takes strong strides to address those challenges. The 

public infrastructure challenges our Nation is currently facing are daunting, and they will require 

innovative solutions. The infrastructure investments made by prior generations have benefited 

this country for over a hundred of years. Now it is this generation's responsibility to invest in our 

water infrastructure for future generations. 

Thank you again for the opportunity to work with your committee on this impotiant legislation. 

The Family Farm Alliance and our members stand ready to assist you in your further efforts. 

I encourage you or your staff to contact Dan Keppen at (541)-892-6244 if you have any 

questions regarding this letter. 

Sincerely, 

Patrick O'Toole 

President 

I I 

~--

Dan Keppen 

Executive Director 
381 


35696.364

;treat Lakes -. /Commission 

/des Grands Lacs 

1300 Victors Way, Su1te 1350 

Ann Arbor, M1Ch1gan 48108-5203 

Office 734-971·9135 • glc@glc.org 

BOARD OF DIRECTORS 

CHAIR 

JohnUncStine 

CommiSSioner 

Mmr'lesota PollutiOI" Control Age~cy 

St. Paul Mmnesota 

VICE CHAIR 

IMMEDIATE PAST CHAIR 

JonW.AI!an 

01rector 

Of';ce of tf\e GreatLa~es 

M1Ch1gM Oepartmentol 

Envtronme"!aiOuality 

Lansing, M1Ch1gan 

JamesZehrlnger 

Dtrector 

Oh1o Department of 

Natural Resources 

Columbus, Ohio 

Pat Stevens 

Adr'li'11Strator 

Jean-Fraru;:ois Hould 

Quebec Government Representattve 

Chicago, lll•nots 

EXECUTIVE DIRECTOR 

Darren Nichol'S 

May 18,2018 

Honorable Thomas R. Carper 

Comnuttcc 

Ranking ~-!ember, Environment and Pubhc 

\'Corks Committee 

linited St<~tcs Senate 

\Vashington, D.C 20310 

Umtcd States Senate 

\\·'as.hmgton, D.C. 20510 

D{•ar Chairman Barrasso itnd Ranking ~lember Carper: 

I am writing on behalf of the Creat Lakes Comtmss1on (GLC) to 

tn ,•1!J1Crtci:l'.f w·aler ft?Jh;.rtmdure that 

for 

tm·mber states. \\'c your a(h-ancmg th1s 

strengthens a number (freat Lakes program~ and addresses 

challenges to upgrade and mamtain \Vater infrastruClure in out region 

The GLC strongly supports the following Great Lakes-specific provtsions that respond to 

long-standmg pnoriues for our membcr states: 

Great Lakes Fish and Wildlife Restoration Act of 1990 (Sec. 3604): Thts section 

mcreases the authonzed appropnattons for the Great Lakes hsh and \\"ildhfc, \ct, a 

highly successful through which the federal goYernment, the (~reat Lake~ 

~tates. and other conservation, restoration and 

management acuons for Yaluable resources in the Great I ,ake~ Btt~l11 

Great Lakes Restoration Initiative (Sec. 3605): Thi~ sccuon mcreases the autborized 

aprropriations for the GLRI, which enjoys strong, b.ipart1san support in 

among our regwn's busmess and industry, conservation mgantZ>taons tnbcs 

and local This will ensure adequate fundmg authorization to 

continued rrogre::.s in tmplemcnt.ing our rcg10nal restoration strategy for the 

L1kcs 

Great Lakes Coastal Resiliency study (Sec. 3606): This sectiOn authonz(·s the Crear 

Lakes Coastal .:->tudy ptoj)Oscd by the ,\rm;: Corps of Lngmeers, whtch \\·tU 

coordmate a strategy recomrnend ;tenons to manage and protect the Great I ,ake~ 

from threats such as lake level fluctuauons, erosion, flooding, and nutnent runoff 

Completion of Army Corps of Engineers report for the Soo Locks (Sec. 4001): 

Th1s ~t·ction calls for the expedmous complctton of key deosion documents, mclmhng 

the pmt-authorizatton report for construction of a ne\V Soo Lock. This 1s a Yttal 

pnonty to ensure the and of the Great Lake maritune tramportatton 

system, whtch 1s cnttcal for our regional national economics 

The GLC <1lso generally supports the water infrastructure pro\'isions in Title V of the 

leg-1slauon that r<:'authorizc and strengthen extsung ptograms, study ne\.\' approaches, and 

promote reform~ and best practice~ to states and local communiues in 

and 

over the next t\.VO for \V<ttf."l" mfrastmcture 111 the eight 

Great Lakes states, These proYi~tons ,~,--Ill support state and local efforts, increase federal 

access ro cr1ttcal federal programs. They are consrstent \Vlth the 

GLC's 2017 1)/anjOr Clean and Servm:.r, which recommends 

>Ktwns to system for the Great Lakes reg10n 
382 


35696.365

The Great Lakes arc a natural treasure and a vital econonuc asset for our eight-state region. They provide 

for more than 48 million people, generate more than 1.5 million jobs, and support a $5 trillion regional economy< 

collaboration among our states and the federal government, local communities, and industry is solving the most senous 

problems facing the lakes while revitalizing economies in '-Vaterfront communities. 

Sincerely, 

discussed above advance our collective efforts to address our region's most pressing water-related 

\vhile maximizing the Great Lakes as an environmental and economic asset. lf you have gucstions, please 

Commission's Executive Director, Darren Nichols (734-971-9135, Jnichols@glcorg). 

John I .inc Stine 

Chatr 

cc: Members of the Senate: Great Lakes delegation 
383 


35696.366

-- HEAI:IHY•~ HEALTHYIJrV!fV 

liEALTHYLAKES.OitG 

The Honorable John Barrasso 

410 Dirksen Senate Office Building 

Washington, DC 20510 

The Honorable James lnhofe 

410 Dirksen Senate Office Building 

Washington, DC 20510 

Healing Our Waters-Great Lakes Coalition 

May21,2018 

The Honorable Tom Carper 

456 Dirksen Senate Oftice Building 

Washington, DC 20510 

The Honorable Ben Cardin 

456 Dirksen Senate Office Building 

Washington, DC 20510 

Dear Chairman Barrasso, Subcommittee Chairman Inhofe. Ranking Member Carper, and Ranking 

Member Cardin: 

On behalf of the Healing Our Waters-Great Lakes Coalition and our over !50-member 

organizations, we thank you for introducing S. 2800, the bi-partisan America's Water Infrastructure Act 

of20 18. We appreciate the support this committee has shown for restoring and protecting the Great 

Lakes and arc grateful to see the Great Lakes provisions in this bill. We also appreciate the committee's 

attempt to stay on a regular cycle for addressing our nation's water infrastructure needs. 

The Healing Our Waters-Great Lakes Coalition represents more than !50 non-governmental 

organizations in all eight Great Lakes states. We consist of environmental, conservation, outdoor 

recreation organizations, community groups, zoos, aquariums and museums. Our groups represent 

millions of people whose common goal is to restore and protect the Great Lakes. 

S. 2800 includes provisions that will benefit the restoration and protection of the Great Lakesand the communities which rely on the lakes for their drinking water, health, jobs, and quality of life. 

Sec. 3604 increases the resources available to the Great Lakes Fish and Wildlife Restoration Act, which 

helps protect and restore the region's wildlife habitat. Sec. 3605 acknowledges that while the region is 

making great progress under the Great Lakes Restoration Initiative, the lakes still face serious threats, 

which can be addressed by the increased funding provided in this section. Sec. 3606 authorizes the 

important Great Lakes Coastal Resiliency study to coordinate and recommend actions to manage and 

protect the Great Lakes coastline from changes in lake levels, erosion, !loading, agricultural and urban 

runoff, and aging infrastructure. Lastly, Sec. 2306 keeps attention on the Anny Corps to ensure it 

completes the Brandon Road study and provides the region with the feasibility study it needs to move it 

towards constructing additional structural measures that keep Asian carp out of the Great Lakes. 

The bill also focuses much-needed attention on the enormous backlog of work tlxing our region's 

old, outdated wastewater, drinking water, and stormwater infrastructure. The Great Lakes provide 

drinking water for more than 30 million people in the United States. They are the foundation of our 

economy and our way of life. Repairing old infrastructure is a large undertaking- and expensive. A 

recent survey of needed infrastructure investments across the nation shows that the Great Lakes region 

alone requires $179 billion over the next 20 years to repair and replace our wastewater and drinking water 

infrastructure. Paying for these projects often falls on communities that cannot afford it, underscoring the 

importance of financial support from the federal government. 
384 


35696.367

S. 2800 includes provisions that address many of the problems facing Great Lakes communities. 

Sec. 5004 provides important technical assistance to small, medium-sized and rural communities helping 

them get ready for system improvements. Sec. 5005 sets aside funds to implement source water 

protection plans and authorizes funds for sewer overflow control grants, including storm water 

management activities. Sec. 5006 applies integrated management principles for wastewater and 

stonnwater. It also encourages nature-based infrastructure and requires new affordability criteria for 

determining the ability of households to pay their utility bills. Sec. 5010 focuses needed attention on 

investing in local workers and local small businesses to strengthen communities and build strong career 

pipelines for skilled and diverse workers. Lastly, Sec. 5011 states clearly that the Clean Water and 

Drinking Water State Revolving Funds should receive robust funding. 

Thank you again for introducing the bi-partisan America's Water lntrastructure Act of2018. 

Please do not hesitate to contact Chad Lord, our coalition's policy director, if you have any questions. He 

can be reached at (202) 454-3385 or clordfalnpca.org. We look forward to working with you as the bill 

moves forward. 

,~-··? ,sncere!Q 

[~ddA~is 1 

Coalition Director 
385 


35696.368

NATIONAL 

ASSOCIATION of REALTORS• 

ADVOCACY GROUP 

Pres1Jent 

\\'\\\\ N.\R1n .. \U\JR 

REALTOR'!) is a registered co!l~dive 

membcrs.hip m<Hk ~Nh1ch m<!y be used Mly by 

r!!lll estate professionals who Me 11'\embers of 

!h<l NATIONAl. ASSOCIATION Of REAlTORS·'' 

and 5tlbscr!be to its sl!u::t Code of Elh•cs, 

May 8, 2018 

The Honorable John Barrasso 

Chainnan 

U.S. Senate Committee on 

Environment and Public \X'orks 

307 Dirksen Senate Office Building 

Washington, DC 20510 

The I lonorable Tom Carper 

Ranking !\!ember 

L'.S. Senate Committee on 

Etwiromnent and Public \Xlorks 

513 Hart Senate Office Building 

Washington, DC 20510 

Re: NAR Thanks the Committee for I folding a Heal"ing on America's \\later 

Infrastructure Act of 201 R. 

Dear Chairman Barrasso and Ranking ~fember Carper: 

On behalf of tbc L3 million members of the National Association of 

REALTORS* (NAR), thank you for holding a hearing on 11 ;\mcrica's \X'ater 

Infrastructure Act of 2018. 1

' 

This legislation would ensure the viability of many programs and projects rclafed 

to water infrastructure, including navigation, water resources management, 

recreation, and infrastructure and environmental stewardship. Moving this bill 

forward \vould be an important first step toward providing critical economic and 

environmental benefits to the nation. 

Projects funded by this legislation effect real estate and economic development 

and help protect communities from the impacts of natural disasters. 

Homeowners need clean and drinkable water, neighborhoods depend on the 

construction and maintenance of water management structures, the private 

sector depends on clear waterways and ports to receive and transport goods, and 

a healthy environmcnr depends on the nation\; ability to clean and treat 

\Vastewater . .All of these critical projects are authorized and funded by this 

important legislation. 

NAR thanks the Committee [or promptly discussing this legislation and urges its 

swift passage through the legislati\'e process. 

Sincerelv, 

~q.~ Elizabeth Mendenhall 

2018 Presidenr, National Association of REALTORS" 

cc: U.S< Senate Committee on Environment and Public \X1

orks 
386 


35696.369

NATIONAL CONFERENCE of STATE LEGISLATUI\.ES 

The Forum for Amaica's Ideas 

May 14,2018 

The Honorable John Barrasso 

Chairman 

Committee on Environment and Public 

Works 

United States Senate 

307 Dirksen Senate Office Building 

Washington, D.C. 20510 

The Honorable James Inhofe 

Chairman 

Subcommittee on Transportation & 

Infrastructure 

205 Russell Senate Office Building 

Washington D.C. 20510 

Chuck Truc~dell 

h.,i/,-lii{//)<1 

\!aff Ch,l!r. "~:C.\ L 

The Honorable Thomas Carper 

Ranking Member 

Committee on Environment and Public 

Works 

United States Senate 

513 Hart Senate Office Building 

Washington. D.C. 20510 

The Honorable Benjamin Cardin 

Ranking Member 

Subcommittee on Transportation & 

Infrastructure 

509 Hart Senate Office Building 

Washington D.C. 20510 

Dear Chairman Barrasso and lnhofe, and Ranking Members Carper and Cardin: 

On behalf of the National Conference of State Legislatures (NCSL). the bipartisan organization 

representing the legislatures of our nation's states. territories, and commonwealths, we commend 

the bipartisan efforts of the U.S. Senate Environment and Public Works Committee for unveiling 

America's Water Infrastructure Act of20!8, which includes the authorization of the Water 

Resources Development Act (WRDA). We recognize the substantial benefits provided to the 

nation by our water infrastructure and hope to work together to ensure Congress enacts 

legislation in 20 I 8. 

WRDA is critical in helping to protect, maintain and further develop our water infrastructure 

systems including, ports, waterways, and clean and safe drinking water. It provides states with 

added stability and certainty to meet water infrastructure needs while also supporting the safety, 

environmental protection and economic development of our communities. Given the role WRDA 

plays in state and local communities, we were pleased to see that the committee included 

provisions that will strengthen collaboration between the Corps and its intergovernmental 

partners. This will improve transparency, create a greater consensus and increase effectiveness of 

the Corps overall. We are also encouraged by the bill's reauthorization of the Water 

Infrastructure Finance and Innovation Act for fiscal years 2020- 2021. as it provides vital credit 

assistance to state and local governments for drinking water, wastewater and other water 

Denver 

~700 Ea.rt 

Dtlll'U. Co/orad(/ 80h'().7J.f3 

PhoHe 303.36-i-. ""7()0 Fa>: 303.36-t. 7800 

Street . • \· IF. Stule 515 

20001 
387 


35696.370

May 10,2018 

p. 2 

resource projects. Additionally, we are pleased with the expanded authorized activities under the 

Safe Drinking Water Act State Revolving Fund (SRF), and Clean Water SRF provisions. States 

should be ensured maximum flexibility in deciding how existing and enhanced funds should be 

used to address their increasing water infrastructure needs. 

However, we are concerned that the bill does not address the Harbor Maintenance Trust Fund 

(HTMF), a critical tool to help address our nation's ports and harbor infrastructure. The 

accumulation of harbor tax receipts at the federal level is not only a break in faith from the 

purpose of the Harbor Maintenance Tax (HMT), but also results in the imposition of a 

competitive burden without providing needed improvements to achieve effectiveness to offset 

added taxes. While an estimated $1.7 billion in annual HMT revenue is currently being collected, 

annual appropriations have been significantly less than annual collections. We strongly oppose 

this accumulation of unspent revenue, and urge Congress to make mandatory full usc of the 

I!MTF for its original intent, ensuring that our nation's ports and harbors do not continue to fall 

into disrepair. 

We look forward to working with you to ensure that the safety and modernization of our nation's 

water infrastructure needs remain a top national priority. Ensuring biennial authorization of 

WRDA is vital, and we strongly urge Congress to approve bipartisan legislation in 2018 that 

makes mandatory full use of the HMTF for original intent. If you have any questions please 

don't hesitate to contact NCSL Staff Kristen Hildreth, hJ:i5ten.hj_lgr:<;thti/lncsl.grg, or Ben Husch, 

Sincerely. 

Representative Curt McCormack 

Vermont House of Representatives 

Co-Chair. Nawral Resources and 

Infrastructure Committee, NCSL 

Representative Ed Orcutt 

Washington House of Representatives 

Co-Chair, Natural Resources and 

Infrastructure Committee, NCSL 
388 


35696.371

May 8, 2018 

The Honorable John Barrasso 

Chairman 

NLC 

Committee on Senate Environment & Public Works 

410 Dirksen Senate Office Building 

Washington, DC 20510 

The Honorable James lnhofe 

Chairman 

Subcommittee on Transportation & Infrastructure 

205 Russell Senate Office Building 

Washington, DC 20510 

NATIONAL 

LEAGUE 

OF CITIES 

NATIONAL NAJG ASSOCIATION ) 

;/.COUNTIES 

The Honorable Tom Carper 

Ranking Member 

=--

Committee on Senate Environment & Pub!lc Works 

456 Dirksen Senate Office Building 

Washington, DC 20510 

The Honorable Benjamin Cardin 

Ranking Member 

Subcommittee on Transportation & Infrastructure 

509 Hart Senate Office Building 

Washington, DC 20510 

Dear Chairmen Barrasso and lnhofe and Ranking Members Carper and Cardin, 

On behalf of the nation's mayors, cities, and counties, we applaud the bipartisan efforts of the U.S. Senate Environment 

and Public Works Committee for introducing America's Water Infrastructure Act of 2018. This bill is a positive step to 

ensure Congress continues the two-year authorization cycle for the Water Resources Development Act (WRDA) and we 

urge Congress to enact a bi!! by the end of the year. 

The U.S. Army Corps of Engineers (Army Corps) projects authorized in WRDA drive investment in navigation, flood 

protection and ecosystem restoration in communities. Local governments own and manage much of this infrastructure, 

including ports and harbors} inland waterways, levees, and dams that protect public health and safety and our natural 

resources. WRDA is critical to helping our communities build} maintain, and improve this critical infrastructure} while 

growing our national and local economies. 

Beyond these traditional Army Corps projects, we would thank the committee for including provisions that will help 

communities improve our nation's drinking water and wastewater infrastructure and improve stormwater management. 

Provisions such as codification of the U.S. Environmental Protection Agency's Integrated Planning framework will help 

local governments and water utilities meet their Clean Water Act requirements in a more holistic manner. Additionally, 

we thank the committee for their continued commitment for water and wastewater financing through the state 

revolving fund program and reauthorization of the Army Corps Water Infrastructure Finance and Innovation Act. 

Furthermore, provisions to provide workforce training and development in the water sector will ensure that our 

communities have a skilled workforce to meet their needs. Finally, provisions strengthening the intergovernmental 

collaboration process between the Army Corps and its state and local government partners will improve transparency 

and efficiency. 
389 


35696.372

We look forward to working with you to ensure that the safety and modernization of our nation's water infrastructure 

needs remain a top national priority. If you have any questions, please don't hesitate to contact us: Judy Sheahan 

(USCM) at 202-861-6775 or jsheahan@usmayors.org; Carolyn Berndt (NLC) at 202-626-3101 or Berndt@nlc.org; Julie 

Ufner (NACo) at 202-942-4269 or jufner@naco.org. 

Sincereiy, 

Tom Cochran 

CEO and Executive Director 

The U.S. Conference of Mayors 

Clarence E. Anthony 

CEO and Executive Director 

National League of Cities 

cc: Members of the U.S. Senate Environment and Public Works Committee 

Matthew D. Chase 

Executive Director 

National Association of Counties 
390 


35696.373

Immediate Release 

May 8, 2018 

Mike Keegan (Washington, DC) 

202/294-4785 (keegan@ruralwater.org) 

Small and Rural Communities Support 

Barrasso's Consensus Water Bill 

The National Rural Water Association (NRWA), with membership of over 30,000 small and 

rural communities, is the country's largest community-based water utility association. NRWA 

is grateful for the very helpful and beneficial water-related provisions in "American's Water 

Infrastructure Act of 2018," and urge its passage and enactment. The bill was introduced in 

the Senate on May 8, 2018 by Senate Environment and Public Works Committee Chairman, 

John Barrasso of Wyoming with support of the Committee's Ranking Senator, Tom Carper of 

Delaware, Senator lnhofe of Oklahoma and Senator Cardin of Maryland. 

Mark Pepper, Executive Director of Wyoming Association of Rural Water 

Systems stated, "Thank you, Senator Boozman for consistently listening to and 

helping rural and small communities and sponsoring the 'American's Water 

Infrastructure Act of 2018.' Rural America is very appreciative for the help. Small and 

rural communities have more difficulty affording public wastewater service due to lack 

of population density and lack of economies of scale. Likewise, we have a much more 

challenging lime complying with our federal Clean Water Act permits and operating 

complex wastewater treatment systems due to the lack of technical resources in small 

communities. This bill provides a solution to the lack of technical resources in small 

communities by providing technical experts, we call them Circuit Riders, in each state 

to be shared by all small and rural communities who are in need of assistance. A 

Circuit Rider is a person with expertise in wastewater treatment operation, 

maintenance, governance and compliance who constantly travels the state to be 

available on-site to any community in need of assistance." 

Dennis Sternberg, Executive Director of Arkansas Rural Water Association (who 

will testify in the Senate on May 9, 2018 in favor of the bill) said, "We are very 

appreciative that the legislation includes numerous substantive and necessary Title 

Five drinking water and clean water provisions that make the 'American's Water 

Infrastructure Act of 2018,' a comprehensive water legislative package. The bill 

includes Senator Wicker and Heitkamp's "Small and Rural Community Clean Water 

Technical Assistance Act'' which would establish a federal Clean Water Act technical 

assistance program, administered to assist small public wastewater treatment 

systems in complying with EPA regulations. And the bill authorizes states to use up to 

two percent of their state Clean Water programs to fund additional technical 

assistance initiatives." 

The National Rural Water Association Js the country's largest public drinking water and sanitation supply organizatiOn with over 30,000 

members Safe drmkmg water and sanrtat1on are generafly recogmzed as the most essential public health, public weffare, and civic necessities 
391 


35696.374

The Chairman's legislation addresses priority small and rural community water issues with the 

following provisions: 

Section 5004. Technical Assistance for Treatment Works: Authorizes two new technical 

assistance provisions under the Clean Water Act. First it establishes a new initiative to assist 

small public wastewater treatment systems (those serving not more than 10,000 people) in 

complying with Clean Water regulations and allows states to use up to two percent of their 

state Clean Water program to fund an additional technical assistance initiative in their state. 

Section 5010. Water Infrastructure and Workforce Investment: New federal attention and 

emphasized mission for water workforce development. It takes more than 380,000 highly 

skilled water and wastewater personnel to ensure the public supply of safe drinking water and 

to protect our lakes, streams and groundwater. A college degree is of value but is not required. 

This career does require a great deal of training and experience. The apprenticeship model 

would be a welcome enterprise for the water worker universe. 

Section 5011. Sense of Congress Relating to State Revolving Funds (SRFs): Supports 

funding for the SRFs. They are essential in funding water infrastructure and funding projects 

to comply with federal rules and standards- especially in small and rural communities that 

may have more difficulty affording public water service due to lack of population density and 

corresponding lack of economies of scale. 

Section 5012. GAO Study on WIFIA Projects in Small communities, Rural Communities, 

Disadvantaged Communities, and Tribal Communities: A helpful GAO review of the federal 

government's Water Infrastructure Finance and Innovation Act. Small and rural communities 

support Senators Boozman and Booker's "Securing Required Funding (SRF) for Water 

Infrastructure Now (WIN) Act" which improves WIFIA by authorizing an opportunity for states 

to direct some portion of WIFIA funding to be used by each of the states for their 

predetermined priority projects based on need, merit, and state interests. 

Section 5006. Water Infrastructure Flexibility: The current affordability analysis used by 

EPA to make compliance reasonable on ratepayers -especially in economically 

disadvantaged populations. Under the Safe Drinking Water Act, EPA adopted a policy that 

families can afford annual water rates of 2.5% of median household income (MHI). EPA's 

current policy does not consider the important differences between median-income 

households and low-income households that are unable to finance and pay costs of this 

magnitude. MHI masks the financial hardship that low-income communities and low-income 

households have in meeting many of the existing regulations. 

Small and rural communities have an important public responsibility of supplying the public 

with safe drinking water and sanitation every second of every day- and complying with all 

applicable federal Safe Drinking Water Act and Clean Water Act regulations. Most U.S. water 

utilities are small; over 91 percent of the country's approximately 50,000 drinking water 

systems serve communities with fewer than 10,000 people and approximately 80 percent of 

the country's 14,500 plus wastewater systems serve fewerthan 10,000 people. 

Page 2 

# 30 # 30 # 30 

The National Rural Water Association is the country's largest public dnnking water and sanitation supply organization with over 30,000 

members Safe drinking water and sanitation are generally recognized as the most essential public hearth, public welfare, and civic necesslfies 
392 


35696.375

May 9, 2018 

The Honorable John Barrasso 

U.S. Senate Committee on 

Environment and Public Works 

Washington, DC 20510 

The Honorable Tom Carper 

U.S Senate Committee on 

Environment and Public Works 

Washington. DC 20510 

Dear Chairman Barrasso and Ranking Member Carper, 

On behalf of the Rural Community Assistance Partnership (RCAP), we want to thank you 

for your bipartisan leadership in introducing America's Water Infrastructure Act of2018. 

RCAP is a national network of non-profit organizations working to ensure that rural and 

small communities throughout the country have access to safe drinking water and 

sanitary wastewater disposal. The RCAP Network provides a variety of programs to 

accomplish this goal, such as direct training and on the ground technical assistance. 

RCAP believes this legislation is an important, critical step towards providing a muchneeded clean water technical assistance program for small communities. This program 

would allow small communities, who often lack basic technical and administrative 

services, to receive in-person, hands-on training to comply with federal/state water 

regulations and assistance in accessing federal funding programs. We look forward to 

working with you to advance this legislation that ensures that rural communities and 

small water utility systems have access to the resources they need to comply with federal 

water regulations. 

Additionally, we support provisions in the bill related to onsite wastewater recycling. 

barriers for small systems and disadvantaged communities accessing the WIFIA 

Program, and workforce investment in water utility careers. 

In closing, we appreciate your ongoing bipartisan commitment to addressing rural 

America's substantial water infrastructure needs. This legislation is integral to achieving 

long-term sustainability of rural communities throughout the United States, while 

ensuring that all Americans have access to clean, safe, and affordable drinking water. We 

stand ready to work with you and your Senate colleagues to ensure this bipartisan 

legislation is passed. 

Sincerely, 

V'\.{ tP---

Nathan Ohle 

Executive Director 

Rural Community Assistance Partnership (RCAP) 

COMMUNITIES 

Unlimited 
393 

Senator BARRASSO. I just want to thank all of the members, and 

a special thanks to the staff, who have worked extremely hard to 

make sure that we could find common ground, and we have done 

a wonderful job in doing that, to address the needs of this Nation, 

so I ask unanimous consent that the staff have the authority to 

make technical and conforming changes to each of the matters approved today. 

With that, our business meeting is concluded. 

[Whereupon, at 10:45 a.m. the Committee was adjourned.] 

[Additional material submitted for the record follows:] 

394 


35696.376

A 

The Honorable John Barrasso 

Chairman 

Committee on Environment and Public Works 

United States Senate 

410 Dirksen Senate Office Building 

Washington, DC 20510 

10 April 2018 

Dear Chairman Barrasso and Ranking Member Carper, 

Matt Carr 

Executive Director 

125 St. Paul Street 

P.O. Box 369 

Preston, MN 55965-0369 

(202)579-0557 

mcarr@algaebiomass.org 

The Honorable Tom Carper 

Ranking Member 

Committee on Environment and Public Works 

United States Senate 

456 Dirksen Senate Office Building 

Washington, DC 20510 

On behalf of the men and women of the U.S. algae industry, I write to express our strong support for S. 2602, 

the Utilizing Significant Emissions with Innovative Technologies (USE IT) Act. 

The Algae Biomass Organization (ABO) is the non-profit trade association for the algae industry. Its membership 

is comprised of individuals, businesses and other research institutions across the algae value chain, including 

leading developers of algae-based carbon capture and use (CCU) technologies. 

The USE IT Act supports the research and regulatory actions necessary to speed the development and 

deployment of emerging CCU technologies. In combination with the reauthorization and enhancement of the 

section 45Q CCU tax credit enacted in the Bipartisan Budget Act, the USE IT Act will help drive investment in 

algae and other technologies that will transform carbon emissions from environmental challenge into economic 

opportunity. 

This bill is a great example of how all sides can come together in support of smart policy that makes protecting 

our planet good for business. 

We urge the Committee to move without delay to approveS. 2602 and to work for its enactment into law. 

Sincerely/ 

Matt Carr 

Executive Director 
395 


35696.377

ALLETE. 

Alan R. Hodnik 

Chairman, President and 

Chief Executive Officer 

April9, 2018 

The Honorable John Barrasso 

United States Senate 

Washington, DC 20510 

Dear Senators Barrasso and Whitehouse: 

The Honorable Sheldon Whitehouse 

United States Senate 

Washington, DC, 20510 

ALLETE wishes to express its support for S. 2602, the USE IT (Utilizing 

Significant Emissions with Innovative Technologies) Act. 

ALLETE is an energy company headquartered in Duluth, Minnesota. In 

addition to its electric utilities, Minnesota Power and Superior Water, Light and 

Power of Wisconsin, ALLETE owns ALLETE Clean Energy, based in Duluth; 

BNI Energy in Bismarck, North Dakota; U.S. Water Services in St. Michael, 

Minnesota; and has an 8 percent equity interest in the American Transmission 

Company. 

The USE IT Act creates an innovative framework to encourage research in 

carbon capture, utilization and sequestration, including the use of "technology 

prizes" to spur development of cutting-edge technologies. 

In addition, the bill addresses some of the challenges to siting and building the 

infrastructure for systems that capture, utilize or sequester carbon dioxide. 

S.2602 directs the Chair of the Council on Environmental Quality to prepare 

guidance (in cooperation with the Environmental Protection Agency and the 

Departments of Energy and Interior) to help provide clarity over the myriad 

federal and state reviews necessary to develop and deploy carbon capture, 

utilization and sequestration projects. Importantly, the bill creates two task 

forces that include state, local and tribal representation to help identify 

common approaches to facilitate reviews, find common models that can be 

30 West Superior Street I Duluth, Minnesota 55802-2093 I 218.355.3642 I Fax 218.723.3960 I ahodnik@allete.com 
396 


35696.378

Senators Barrasso and Whitehouse 

April9, 2018 

Page 2 

used for state level reviews, provide input to federal agencies on their research 

priorities, and suggest improvements to the federal permitting process. 

As our electric energy system changes, it is important to acknowledge the role 

that large, dependable and dispatchable sources of electric generation play in 

assuring electric reliability and grid resiliency. These large electric generators, 

along with "fast-ramp" types of generation resources, are important and needed 

in order to seamlessly integrate intermittent energy resources such as wind 

and solar power into our electric grid. S.2602 can help play a role in assuring 

that fossil-fired electric generation can both keep providing these essential 

reliability services to the electric grid while deploying the latest carbon capture, 

utilization and sequestration technologies. 

ALLETE thanks you for your efforts in moving this important piece of 

legislation forward. 

Sincerely, 

ALLETE, Inc. 

Wwz Alan R. Hodnik 

Chairman, President & CEO 

/ell 
397 


35696.379

May 15,2018 

Senator John Barrasso 

Chairman, Senate EPW Committee 

307 Dirksen Senate Office Building 

Washington, DC 20510 

Dear Chairman Barrasso and Ranking Member Carper, 

Senator Tom Carper 

Ranking Member, Senate EPW Committee 

513 Hart Senate Office Building 

Washington, DC 20510 

1 am writing on behalf of the American Conservation Coalition, a 50l(c)(4) organization working on 

finding pragmatic solutions to environmental issues, to show support for the Utilizing Significant 

Emissions with Innovative Technologies (USE IT) Act. As an organization that supports innovation and 

sensible policy solutions, we fully support the passage of this bilL 

The USE IT Act supports innovation and development in the private sector. It is legislation that prioritizes 

research and development that will lead to cleaner air and offers a way to utilize excess C02. Most 

importantly, these benefits are achieved without additional regulations that would hinder the economic 

performance of the energy sector. Carbon capture is a common sense solution that will deliver real results. 

It is estimated that this process could capture 14% of the carbon in the air by 2050 1

• 

The act also streamlines the permitting process for such projects. replacing the outdated and burdensome 

system currently in place. Some barriers to entry for these projects include inefficient processes and the 

prolonged time frame required to obtain necessary permits. 

We have fiscal questions on this bill-questions that a full CBO will allay. We hope that private 

pat1nerships and other measures will help to minimize this bill's impact on the current deficit. 

The USE IT Act is a pragmatic, market based solution to carbon capture that encourages private sector 

investment in our energy future. The ACC recognizes the benefits that this bill offers to consumers, 

private investors, and our environment. Because ofthe USE IT Act's market-driven solutions, on behalf 

of the ACC, I ask that you take action and pass this bill. 

Respectfully, 

Nicholas 

~·~ 

H. Lindquist 

National Policy Director 

American Conservation Coalition 

1 Center for Energy and Climate Solutions, Carbon Capture, www.c2es.org/contentlcarbon-capturel. 
398 


35696.380

A5U eii9ineerili9 ARIZONA STATE UNIVERSITY 

The Honorable John Barrasso 

Center for Negative CBrbon Emissions 

School of Su;ta!nableEng!rreerlog 

andtheBu!lt Environment 

Chairman, Committee on Environment and Public Works 

410 Dirksen Senate Office Building 

Washington, DC 20S10 

The Honorable Tom Carper 

Ranking Member, Committee on Environment and Public Works 

4S6 Dirksen Senate Office Building 

Washington, DC 20510 

Ref.: Committee deliberations on the USE /TAct 

Dear Chairman Barrasso and Ranking Member Carper, 

KlausS.LacknN 

PO Box 873005 

Tempe,/\Z8)281-3005 

Klaus.lackner@asoedu 

AprilS, 2018 

I supportS. 2502, the USE /TAct, and urge your committee to give it due consideration and move it 

swihly to the Senate floor. It is an excellent approach to give Environmental Protection Agency an 

important stake in developing direct air capture technology. Direct air capture bridges the gap between 

energy and environmental technologies. Carbon dioxide is the waste from the combustion of fossil 

fuels. It pollutes the air. A mandate to develop technology options for cleaning up carbon dioxide 

streams that escape (and will continue to escape) to the atmosphere will empower EPA to better 

manage this pollutant. EPA needs to assure the availability of affordable tools for recovering carbon 

dioxide from the environment. Direct capture of carbon dioxide from ambient air is the most 

straightforward approach. It can recover all the carbon for which emission avoidance is impossible, too 

expensive, or simply ignored. Direct air capture in combination with carbon dioxide storage or reuse can 

assure that the carbon budget is fully balanced. Because direct air capture can be applied to any 

emission, it will cap the price of carbon. The more direct air capture is researched, developed and 

practiced, the cheaper it will be. 
399 


35696.381

Page 2 of 2 

Direct air capture technology is innovative and still new, but it has been demonstrated to work. It works 

in the laboratory. Outdoor prototypes have been made to work by several groups, including by us at 

ASU. It also works in small-scale commercial designs, as demonstrated in Europe by Climeworks. 

However, just like the first airplanes were not yet ready for global passenger travel, air captured must be 

readied for large-scale deployment. 

We have plenty of ideas how to reduce energy consumption and costs but need the resources to follow 

through. Aviation enabled by the invention of the Wright Brothers, became an industry only when 

Guggenheim invested into commercialization and research that blossomed into the engineering 

discipline of aeronautics. Similarly, EPA could advance air capture to realize cost reductions like those 

enjoyed by renewable energy. Wind energy costs have come down fifty-fold over the last sixty years and 

photovoltaic energy costs dropped hundred-fold. If direct air capture could reduce its cost only ten-fold, 

its implementation could be fully paid for by the 45q tax credit. 

I very much support the USE IT Act in creating an EPA program that helps develop direct air capture 

technology. An EPA advisory board on this technology would give it the visibility it deserves. I envision 

Direct Air Capture Institutes that provide the scientific underpinning and systems engineering for this 

new technology as well as industry- and venture- based R&D that in cooperation with EPA would 

create economically viable air capture technology. 

I appreciate the opportunity to comment on the USE IT Act and welcome any questions you may have. 

Sincerely, n /" C7 .... ( !/ 

/ f t\ ?(.r :t't.Ej 

Klaus S Lackner 

Professor and Director of the Center for Negative Carbon Emissions 

Cc: Senator Shelley Moore Capito 

Senator Sheldon Whitehouse 

Senator Heidi Heitkamp 
400 


35696.382

BASIN ELECTRIC 

POWER COOPERATIVE 

A Touchstone Energy~ Cooperauvr: ~1"-

March 22, 2018 

The Honorable John Barrasso 

U.S. Senate 

307 Dirksen Senate Office Building 

Washington, DC 20510 

Dear Senators Barrasso and Whitehouse: 

The Honorable Sheldon Whitehouse 

U.S. Senate 

530 Hart Senate Office Building 

Washington, DC 20510 

On behalf of Basin Electric Power Cooperative, I write in support of the 'Utilizing Significant 

Emissions with Innovative Technologies" (USEIT) Act. Thank you for your leadership in authoring 

this legislation. 

Basin Electric is a generation and transmission cooperative based in Bismarck, North Dakota, 

serving approximately three million consumers through 141 rural electric cooperatives across nine 

states. Basin Electric has long sought solutions to the carbon question, and continues to explore 

options to allow utilization of affordable and abundant fossil fuels for electric power generation in a 

carbon constrained future. The Great Plains Synfuels Plant, operated by Basin Electric subsidiary 

Dakota Gasification Company, is currently the largest carbon sequestration project in the world. The 

facility has captured and transported nearly 35 million tons of carbon dioxide for sequestration since 

2000. 

More recently, Basin Electric has expanded Its interest in developing carbon capture solutions 

through its partnership with the Integrated Test Center, located at Basin Electric's Dry Fork Station 

outside of Gillette, Wyoming. Using flue gas provided by the Dry Fork Station, this test facility will 

provide space for researchers to explore new and innovative solutions to tum carbon dioxide into a 

marketable commodity. The State of Wyoming invested in design and construction of this facility, 

and will oversee its operation. Basin Electric supports this legislation because it will help leverage 

the resources of states, industry, universities, and the Federal Government, and build on these 

efforts to develop cost-effective carbon capture utilization and storage (CCUS). 

In addition to technical and financial assistance to support research, your legislation would establish 

interagency guidance and a task force to facilitate CCUS infrastructure. Basin Electric supports 

these provisions as well given the new infrastructure that will need to be developed on a 

considerable scale to deploy CCUS technology. 

The USE IT Act is important legislation to advance the development of CCUS technology. Basin 

Electric again thanks you for your efforts to support commonsense solutions for electric power 

generation. We hope that this legislation can receive prompt consideration by the Senate. 
401 


35696.383

Dr. Gary C. Young, Ph.D., P.E. 

President 

April9, 2018 

The Honorable John Barrasso 

Chairman, Committee on Environment and Public Works 

410 Dirksen Senate Office Building 

Washington, DC 20510 

The Honorable Tom Carper 

Inc. 

Ranking Member, Committee on Environment and Public Works 

456 Dirksen Senate Office Building 

Washington, DC 20510 

Ref.: Committee deliberations on the USE IT Act 

Dear Chairman Barrasso and Ranking Member Carper, 

Bio-Thermal-Energy, Inc. 

7707 Marquette Drive, N .E. 

Cedar Rapids, lA 52402-6967 

319-3 73-5191, FAX 319-373-5744 

Cell ph. 319-31 G-6866 

£YfOing:DJaol.com 

www.b-t-einc.com 

l support this legislation and ~o>ive it due consideration. Carbon dioxide (C02) is the waste from the 

combustion of fossil fuels and is a valuable feedstock for the conversion to fuels such as Ethanol, 

Methanol, Gasoline, Diesel, and/or Jet FueL 

CASE-I. APPLICATION 01<' C02 TO THE PRODUCTION OF ETHANOL: 

Subject: Application ofB-T-E's Patented SMR+® C02 Conversion Technology to Corn-Ethanol 

Plant; Increasing Ethanol Production from Com-Ethanol Plant by converting byproduct C02 Emissions 

from the Com-Ethanol plant to Ethanol; [Grant for Feasibility Study] 

Executive Summary: B-T-E's patented SMR+® technology increases Ethanol production from a ComEthanol plant by converting byproduct C02 emissions into additional EthanoL This patented technology 

applies to site specific location by building or utilizing an existing Com-Ethanol plant in an area and by 

constructing a C02-Ethanol plant adjacent the Corn-Ethanol plant. This new technology will financially 

benefit the site specific loeatioo and create over 1 00+ jobs. A facility with a combination of a ComEthanol plant and a C02-Ethanol plant should be considered by conducting a feasibility study to determine 

site specific economics for a site specific location. (Grant for Feasibility Study for a Site Specific 

Location.] 

B-T-E's patented C02 conversion technology has seven (7) U.S. patents, one (1) Canadian patent, one 

(1) Japanese patent, one (1) Indian patent, one (1) Brazilian patent, twelve (12) European patents, and other 

patents pending. B-T -E owns and holds the rights to the Patented B-T -E C02 Conversion 

Technology. 

A patented SMR+® technology increases Ethanol production from a Corn-Ethanol plant by converting 

byproduct C02 emissions into additional EthanoL As illustrated below, C02 emissions from a CornEthanol Plant are converted into additional Ethanol in the C02-Ethnaol Plant using 

B-T-E's patented C02 conversion technology. The combined plant operations would make it the most 

efficient Ethanol facility in the United States. 

8-T-E, Inc. I 
402 


35696.384

Description and Preliminary Economics of Corn-Ethanol Plant & C02-Ethanol Plant Facility: 

1. An illustration of a Corn-Ethanol & C02-Ethanol Facility is shown below: 

117.86 million bushels/year I 

I 18.8.5 tonsfhour 

Ethanol I 50 million gallons/year 

DOGS 

ComOi! 

Ethanol 

C02 + CH 4 + H10 -7 Reformer (SMR+lll) -7 Syngas (CO & H2) -7 Ethanol (Fermentation Process- Commercially existing) 

2. Preliminary Economics are shown by considering the additional cash revenue to the bottom line of 

an Ethanol Facility using B·T·E's SMR+® patented technology. Case below will be presented for 

the Ethanol Facility and will use the C02 emissions from a 50 MM GPY Corn-Ethanol Plant. Carbon 

dioxide (C02) emissions from the 50 MM GPY Corn-Ethanol plant are 18.85 tons C02/hour. 

Case: Economics of a C02-Ethanol Plant, B-T-E's SMR+® Catalytic C02-Ethanol Process: 

Production cost includes CAPEX (ISBL & OSBL) and OPEX (includes Labor & Maintenance), Natural gas at 

$2.733/MM Btu, and Electricity at $0.0693/kWh. Capital considered at 6% for 20 years. A Greenfield plant 

was considered with the OSBUISBL at 0 50 ratio. 

C01-Ethanol Plant: 184.0 MM GPY (B-T·E's SMR+® Catalytic C02-Ethanol Process); 

Production Cost= $0.490/gallon Ethanolt>roduced 

(30.7 MW of Utility Power, Net Export to the GRID.) 

SMR+® CO,-Ethanol Process: C02 + CH, + H20 to Reformer (Syngas) to Fermentation (Ethanol) 

Note: C02 + CH4 + H20 to Syngas uses 8-T-E's patented SMR+® Catalytic C02 Conversion Technology 

Revenue: (Selling Price= $1.4600/gallon Ethanol) 

184.0 MM GPY x $1.4600/gallon Ethanol selling price = $268.6 MM/yr 

Revenue = $268.6 MMiyear 

Cost of Production: (Production Cost= $0.490/gallon Ethanol) 

184.0 MM GPY x $0.490/gallon = $90.16 MM/yr 

Cost of Production: $90.16 MM/year 

Net Revenue = ($268.6- $90.2 MM/yr) = $178.4 MM/year 

TIC= $541 MM; Total Installed Cost (TIC), (Greenfield Plant) 

Payout = 3.0 years 

From the analysis, the C02-Ethanol plant generates 30.7 MW of Utility Power, Net Export to the GRID. 

NOTE: "NO SUBSIDIES" WERE USED IN THE ABOVE ECONOMIC EVALUATIONS. 

B-T-E, Inc. 2 
403 


35696.385

RIN's were "NOT" considered in the economic evaluation in this correspondence but "for the record only": 

2018 year R!Ns D6 (Corn Ethanol) $0.450/gal!on and 2018 year R!Ns D5 ("Other" Adv. Bio.) 

$0.640/gallon; Chicago Board ofTrade, 3/29/2018. 

3. Economics of a Corn-Ethanol Plant & C02-Ethanol Plant Facility and Considering RlNs 

Using RINs, a Com-Ethanol Plant and CO,-Ethanol-Ethanol Plant Facility becomes more profitable 

and capital investment can be repaid in fewer years. NOTE, the Com-Ethanol plant & C02-Ethanol plant 

Facility is profitable even if R!Ns are "no longer" available. Thus, the combined two plants can be 

profitable without RlNs but a stand-alone Com-Ethanol plant may not be profitable in the future. 

ln addition, RIN's D6(Com Ethanol) would likely be obtained for the Com-Ethanol Plant and RIN's 

D5("0tber" Adv. Bo.) would likely be obtained for the CO,-Ethanol Plant. 

Under these conditions for just a couple of years, the Ethanol Facility becomes a "CASH COW." 

4. At this time a likely approach would consist of: 

a. First, have a study (feasibility study) done by a large independent engineering firrn to assess the 

technical and economic feasibility for a Com-Ethanol Plant & CO,-Ethanol Plant Facility using 

B-T-E's New Patented C02 Conversion Technology. Such a feasibility study would be done by 

B-T-E, Inc. and an independent engineering firm. Likely, such as feasibility study could be done 

with a grant from the Federal Government. 

Currently, estimated cost for the feasibility study would be less than $350,000. 

b. Second and based upon the feasibility study results from above, a project would be initiated to 

constmct a Pilot Plant to verifY and optimize the new technology from COrEthanol production. 

Then, investors would participate in the construction, completion, and operation of the 

Com-Ethanol Plant & C02-Ethanol Plant Facility. 

Likely, the B-T-E's C02-Ethanol Process could be pilot plant tested using a slip stream of Carbon 

dioxide (C02) from one of an existing Com-Ethanol plants at that location. This approach and any 

other considerations would be deternuned in the feasibility study. This pilot plant would prove out 

the process from C02 feedstock to Ethanol production. 

Note, B-T -E's C02 Conversion Technology to SYNGAS has already been pilot plant tested 

(experimentally verified). A pilot plant operation from C02 feedstock to SYNGAS to Ethanol 

production is logical to test out the entire process from beginning to end. The feasibility study will 

provide valuable information for making that decision. 

B-T-E, Inc. 3 
404 


35696.386

CASE-II. APPLICATION OF C02 TO THE PRODUCTION OF GASOLINE: 

The C02 Opportunity & Patented SMR+® Catalytic Technology: Coal-}'ired Power Plant Emission 

Source to Gasoline, Diesel, Jet Fuel, and/or Hydrogen 

An economical commercial process is needed to provide an incentive for the utility industries to 

engender win-win suppmt tor Govenunental regulations on Carbon dioxide (C02) emissions. 

Current approach to mitigating C02 emissions is carbon capture and sequestration (CCS) which involves 

C02 capture followed by C02 sequestration involving costly C02 compression, transportation, underground 

storage and/or used for Cmde Oil recovery from reservoirs. 

Recently, an alternative proprietary catalytic process bas been developed for mitigating C02 

emissions which solidifies the aims of both parties, i.e., industry and government. The recent altemativc 

"catalytic" process by B-T-E, Inc. was developed lor mitigating C02 emissions from industrial plants by conversion 

to tuels and is in addition to the previously published "non-catalytic" B-T-E process, [Ref. II]. The catalytic process 

converts C02 into Syngas (CO & H2) with B·T-E's patented catalytic process technology and further conversion to 

tue!s such as Gasoline, Diesel, Jet Fuel, Hydrogen, Methanol, and/or Ethanol with established mature technologies, 

[Refs. 1,2,3,4,8]. The patented technology for the conversion of C02 to Syngas was developed by Bio-Thermal· 

Energy, lnc. (B-T-E, Inc.) and has seven (7) U.S. patents, one (I) Japanese patent, European Patent (EP), and other 

patents pending, [Ref. 5]. 

B-T-E's proprietary catalytic technology is referred to as the patented SMR+® process. 

The Process 

Figure I provides a pictorial representation of the new catalytic technology as used for the conversion of C02 

emissions from a representative coat-fired power plant (790 M\V) to gasoline. wlth an estimated production of 

l3 7,200 barrels/ day. 

The over-all process, from C02 to fuels (using B-T-E's technology and a comparable coal-fired power plant) is 

comprised of these three steps: 

Step 1 Capturing Emissions 

Coal-fired stack gas emissions are sent to a carbon dioxide capture plant to remove C02 from the stack gas. 

The stack gas is comprised mainly ofNitrogen (about 70% vol.), water, C02 (about 20%), and impurities of 

SOz, NOx, and mercury. C02 capture system can recover up to about 90% of the C02 trom the stack gas 

such as by Shell Oil Company C02 capture system. 

Step 2 -Conversion to Syngas 

C02 is then converted to Syngas (mostly CO & H2) with B-T-E's proprietary technology in a C02-toSyngas process plant. Note, B-T-E's novel technology has been proven experimentally on a gasification 

pilot plant with a capacity of !2.5 TPD (tons per day). Pilot plant tests have experimentally verified a 

reduction of C02 of about 70 percent, with significant improvements anticipated with further optimization. 

B-T-E, Inc. 4 
405 


35696.387

Ibis second step involves B-T-E's patented SMR+® catalytic technology. Carbon dioxide (C02), 

natural gas (methane, CH4), and steam are fed to a Reformer to produce Syngas as illustrated below: 

C02 + Methane (CH4) + Steam (H20) --> Syngas (CO & H2) 

Note, this step uses the typical Steam-Methane Reformer process but B-T-E's SMR+® Catalytic process utilin:s an 

independent external supply of Carbon dioxide (C02), U.S. 9,212,059. 

Step 3 - Conversion to Gasoline 

Syngas is then fed to a syngas-to-gasoline plant for the conversion of syngas to gasoline, such as by using 

ExxonMobil's GTL (gas to liquids) process, as illustrated: 

Syngas (CO & H2) ---+ Gasoline 

The Economics 

With B-T-E's recently patented SMR+® catalytic process coupled with C02 Capture process and GTL 

process to Ga,oline, the over-all process to convert C02 emissions from a coal-fired power plant into 

Gasoline becomes: 

C02 + Methane (CH4) + Steam (H20) ---+ Syngas (CO & H2) --> Gasoline 

Figure 2 illustrates the overall economics of using carbon dioxide emissions from a representative 790-MW 

coal-fired power plant to produce gasoline, using B-T-E's SMR+® proprietary technology, in terms of 

gasoline production costs as a function of the wholesale natural gas price and retail industrial rate for 

electricity. 

,,~ ...... -.,,..,-.,.,....,...,..-.,.,..,.,. <'<0 _ __..,,.,,, .. , .. ~_..,.,,....,....""'"''"'"'""'"''''"''"' 

In our case, the 790 MW Coal-fired plant produces stack gas emissions of775.1 tons/hour carbon 

dioxide, which in tum can produce about 137,200 barrels/day of gasoline. Production cost includes Total 

CAPEX (lSBL & 50% of!SBL as OSBL), OPEX including labor & maintenance, with capital financing 

cost at six percent for 20-years. Cost includes C02 capture and environmental requirements. (Ed. -

CAPEX denotes capital expenditures; OPEX denotes operating expenses; ISBL and OSBL denote "inside 

battery limits" and "outside battery limits.") 

B-T-E, Inc. 
406 


35696.388

Using today's economic parameters for wholesale cost of natural gas, the cost of electricity, and the 

current low prices for gasoline at the pump, we can show that the proposed C02-to-Gasoline process is 

more economical than the conventional method of producing gasoline by refining crude oil. 

For example, if crude oil is selling at about $30+/barrel, and if regular-grade gasoline is selling at the 

pump at a price of about $1.90 per gallon, we can break do-wn the per-gallon (gasoline) costs for the 

conventional crude oil refining process as shown in Figure 3. 

Fig. 3 Gasoline Production Costs- Conventional Refining 

Taxes 

A~~~t of Regular Gasoline at the Pump 

$0.453 I gallon gasoline 

Distribution & Marketing 

Refining 

$0.256 I gallon gasoline 

$0.473 I gallon gasoline 

Crude Oil $0.788 I gallon gasoline 

Total $1.970 I gallon gasoline 

Refer again to Figure 2, illustrating the economics of the propcsed process, using SMR+® technology, 

for producing gasoline from C02. The graph shows that with natural gas prices at wholesale at 

$2.00/MMBtu and electricity prices at $0.050/kWh, the production cost of gasoline will come in at about 

$0.60/gallon. The non-catalytic process (Ref. 11) would have a production cost of over $1.00/gallon. As 

another example, with natural gas at $4.00/MMbtu and electricity at $0.050/kWh, the production cost of 

gasoline will come in at about $1.00/gallon. 

In the economic analysis, cost of C02 capture was equivalent to $45/ton C02 captured. 

By contrast, Figure 3 indicates that the production cost of gasoline using the conventional process of 

refining crude oil will run $1.261/gallon. That cost represents $0.473 per gallon for refining plus $0.788 

for the crude oil commodity. Thus, our analysis indicates that the proposed COz-to-gasoline process using 

SMR+® catalytic technology is competitive with crude-oil refining. 

The Other Advantages 

Consider the positive attributes of B-T -E's proposed patented SMR+TM C02-to-gasoline process: 

B-T-E's patented SMR+® process for C02 conversion to Syngas is a catalytic process using the 

conventional Steam-Methane-Reforming (SMR) process but unique by using an additional 

independent external feed of low cost Carbon dioxide (C02); 

A 60-percent reduction of C02 from coal-plant stack ga.s emissions; 

One gallon of gasoline from about 5.81 lbs C02 emissions; 

An environmentally sound process; 

Saves jobs and capital by avoiding closure of coal-fired power plants; 

• Produces liquid fuel (gasoline, diesel, and/or Jet Fuel) from Coal-Fired Power Plant Emission; 

Utilizes low cost raw materials, such as C02, and natural gas from directional drilling and 

"fracking" of shale deposits; 

B-T-E's unique and patented catalytic SMR-t® process can be used to produce other fuels or 

chemicals, such as Methanol, Ethanol, etc. 

B-T-E, Inc. 6 
407 


35696.389

In summation for B-T-E's SMR+® C02-to-Syngas-to-Gasoline application to a Coal-fired Power Plant, 

B-T-E's teclmology would benefit both the Coal-fired Power industry and Governmental EPA 

environmental regulatory agencies. It is a win-win proposition created by ~novel" teclmology for all to 

benefit: jobs, business assets, environmentaL and United States' energy independence. 

One could envision a Company's 790 MW Coal-fired Power Plant as supplying the current stack gas 

emissions, (including any environmental issues), steam, and electricity to a "new" customer's C02-

Gasoline facility which consists of a C02 Capture Plant, SMR+® Catalytic C02 Conversion Plant, and the 

C02-to-Gasoline, Diesel, and/or Jet Fuel plant. In other words, the Coal-fired Power Plant supplies energy 

to a new customer, i.e., the customer's C02-to-Gasoline/Diesel/andlor Jet Fuel facility. A new customer is 

created for the Coal-fired Power Plant. 

B-T-E's unique SMR+® patented C02 conversion technology is a gan1c changer for the economic 

potential of producing fuels and chemicals from Carbon dioxide (C02) and placing fbe United States on the 

pathway to energy independence. 

Grants are needed for the feasibility study(s) of the Corn-Ethanol Plant & C01-

Ethanol Plant Facility and the C02-Gasoline Facility based upon B-T-E's Patented 

C01 Conversion Technology. 

These feasibility study(s) and future project(s) will need the cooperation and participation of the City, 

State, Federal, and other parties if a site specific location is selected for the pilot plant and/or commercial 

facility. 

1 appreciate the opportunity to express my opinions on this legislation. If you have questions, please 

call me at ph. 319-373-5191 or cell ph. 319-310-6866. 

Sincerely, /lJttfl7C·~Y 01(o'//Z4!Y 

Dr. Gary C. Young, Ph.D., P.E., Chemical Engineer 

President/Owner, Bio-Thermal-Energy, Inc. I (B-T-E, Inc.) 

Bio-Thermal-Energy, Inc. 

7707 Marquette Dril'e, N.E. 

Cedar Rapids, lA 52402-6967 

319-373-5191, FAX319-373-5744 

Cell ph. 319-310-6866 

gvcoincrll::aol.com 

www.b+einc.com 

B-T-E, Inc. 7 
408 


35696.390

Dr. Gary C Young, Ph.D., P.E. 

President 

Bio-Thermai-Encrav Inc b.t' • 

Published Article: 

HP Special Focus 

I Clean Fuels 

Bio-Thermal-Energy, Inc. 

7707 Marquette Drive, N.E. 

Cedar Rapids, IA 52402-6967 

319-373-519!, FAX 319-373-5744 

gycoillid{~"~Ql.com 

www.b-t-einc.com 

I G. C. Young, Bio-Therrnal-Energy, Inc., Cedar Rapids, Iowa 

Mitigate C02 emissions from industrial plants by 

conversion to fuels 

Hydrocarbon Processing I FEBRUARY 2017, p. 47 
409 


35696.391

Special Focus Clean Fuels 

G. C. YOUNG, Bio-Thermai-Energy Inc., Cedar Rapids, Iowa 

Mitigate C02 emissions from industrial plants 

conversion to fuels 

An economical commercial process is necessary to pro~ 

vide an incentive for the utility industries to engend-er win-

,,vin support for government regulations on carbon dioxide 

(co,.) emissions. 

i\ stan&trd approach for mitigating co! emissions is carbon capture and sequestration (CCS)1 which involves CO:t 

c~pture 1 sequestration and costly C02 compression, transportation and/ or underground storage used for crude oil recovery from reservoirs. 1 

'An alternative proprietary catalytic process~ for !llitigalliJ.g 

COJ emissions from industrial plants by conversion to fuels 

has been devdoped to solidify the aims of both industry <~nd 

government;!,:.> This is in addition to a previously publish~d 

"non~catalytic" process:• The catalytic process t~chno1ogy 

converts C01 lnw syngas [carbon monoxide (CO) and by~ 

drogen (HJ ], ,,-Jth further conversion to fuels, such as gaso 

line .• diesd1 jH fuel1 H:v m~thano1 (CH3 0H) and/or ethanol 

{C1H60)1 with established, mature technologie.s. '~,s:,to,, Thetechnology consists of seven US patents, one Japanese patent, 

one European patent and other patents pcnding.3 

THE PROCESS 

fiG. 1 provides a pictorial repre.o:;entat!on of the technology 

a_:; u~ed for the wnver-sion of CO~ emissions to g-.asoline from 

a representathre 790-NfW1 coal-fiC:ed power plan't. The tWerall 

proceSSJ from C01 to fuels, CDmprises three steps. 

Step l-Capturing emissions. Coal-fired stack g<ls emissions are sent to a C02-capture plant to remove C02 from 

the stack gas. The stack gas is comprised of approximately 7Qvol% nitrogen {N2} 1 water (H~.O), CG~ (20%) and impurities 

of S011 nitrogen oxides (NOJ and mercury (Hg), A CO:.-

capture system1 like that of Shell Oi1 Co} cn.n rcC"over up to 

90% of the co! from stack gas, 

Step 2-Comterslon to syngas-. C02 is then converted 

to s.yngas. The proprietary t!!chnology has he{;!n proven experimentally on gasification pilot plant with a capacity of 

12.5 tpd.'>' Pilut-plant Lests have verified a 70% reductiDn of 

co2l •vith signifi-ca:ot improvements anticipated 1.-rith further 

optimization. This second step involves the catalytic technology that fee-ds C02, natur.al gas and steam to ;1. reform-er to pro* 

duc:e syngas, as illmtrated in Eq_.l; 

CO, • methane ( CH,) +steam (H,O) -+ 

syngas (CO and H,) (1) 

Note: This step uses a typical steam methane reformer process1 but the proprietary catat{tic technology utilizes an inde~ 

pendent external supply-of C0 .~ 

Step 3---Convenion to ga:mline. Syngas is then fed to a 

syngas-to-·gnsoline plant for conversion1 such as the use of a 

gas-to-liqcids (GTL) process.;> 

T;·:e economics. By combi.ling the catalytic process, C02-

c<lpture proce.ss and GTL process1 Eq. 2 illustrates the over~ 

-all process to convert col emissions from a. coal~fired power 

plant into gasoline: 

CO~-:- meth<m,e {CH4) +steam (H:tO)..., 

S)"t<g01s (CO and H1) -1- t,>usoline (2) 

illustrates the overall economics of using co:! emissions from a representative 790-~i[\"V; coal-fired power plant 

to produce gasoline, in tenns of gasoline prot1ttction costs as a 

fttnctlon of the wholesale natural gas p:rice and retail industrial 

rate for electricity. 

In this case) the plant produces stack gas emissions of77S.l 

tph of C027 Which} in tum1 Can produce J37.2_Mbpd of g<'<SOJine. Prt>ductio n costs include; 

Gasoiine praductlon,bpd 

Hydrocnrbon Processing 1 Fffifl.UARY 2017 47 
410 


35696.392

Clean Fuels 

FJG-. 2. Gasoline production cost using the proprietary 

catalytic technology. 

As cost of regular gas.oHne at :h-e oump 

~~~~---·· ---~-------_:_$0:_.4;_:5=3/gal gasoline 

Distributio;J and marketing S0.256}ga! gasoline 

R=en---·n---lng::__ ________________ s~:-73_/g_a_i g_a:~ine 

Crude oil 

Total $1.970/ga! gasoline -----------------------~----

" Total capital expenditures (GA.PEX) and inside battery 

limits (ISm ,) 1 with 50% ofiSBL as outside battery 

llmits(OSBL) 

~ Operating e..'Y:p~nditures: ( OP.EX) 1 including labor 

and maintenance 

" Capital financing cost at 6% for 20 yr 

.. col capture and environmental requireme.nts.. 

Using recent ecooomk parameters for the whole~'>;:~le cost 

of natull.ll gas1 th-e cost of electricity and recent gasoline: pump 

prices1 lt was sbm'm tbat the proposed C02-to-gas.oline process is more economical than lhe conventional method of pro~ 

clue-ing gasoline by refining crude aiL 

For example) if crude oil is selling for more than $30 /bbl,, anJ. 

if regular-grade gasoline. is selling at ;,. pump price of approximately $1.90/gal, then the per~gal costs for the com'entional 

crude oilrefiningproce&S can be calculated as shov..'Ilin J:,;,sL~ '\.10 

FfG., 2 shows that with wholesale natural gas pnces at 

$2/.NiMBhl ~Jd electricity prices at S0.05/k'Wh1 the 

tion cost of gasoline is estimated to be $0.6/gaL non·· 

catalytic process would have a production cost of more than 

Sl/gal.4 VV!th natural g<~.s at $4/IvL?\.ffitu and electricity pnces 

at $0.05/kl>Vh, the production cost of gasoline is esti..'ll:ated tc 

be $1/gaL In tbe economic arralysis1 the cost ofC01 capture is 

equivalent to $45/t 

By contrast1 TASl.\! 1 indicates that the projected production cost af gasolin~ using the conYentional process of reBn· 

ingcrude oil will be $1.16ligal. That cost represents $0.473/ 

gal for refining! and $0.788/ gal for the erode oil comnw.dity. 

Therefore, the analysis indicates that the proposed CO~-to~ 

48 f-EBRUi>HY 20!7 l HydroorbonProcessing.cam 

gasoline process using the catalytic technology is competitivt: 

with crude oil refining. 

Additional advantages. Positive attributes of the cn.~togasoline process include: -

.. Reduces C02 from coal-plant stack gas emissions 

by 60%, lowering environmental impact 

• Yields l gal of gasoline from approximately S.Sllb 

of C02 emissions 

.. Protects jobs and capital by further utilizing 

coal-fired power plants 

.. Utilizes low-cost raw materials, su d1 :lS CO, 

and natural g<>.s from directional drilling and fracking 

of shale deposits 

~ Produces other fuels or cllemicalsJ such as CH,OH1 

C2H601 etc:. . 

" Creates a new market for coai~fire.d energy 

producers-i.e., the customer's co,_-to-gasoline/ 

die.'~el/jet fuel facility. f-P 

NOT£ 

e.>:tl"mal feed of low-cost CO •. 

LITERATURE CTTED 
411 


35696.393
412 


35696.394

FOR IMMEDIATE RELEASE 

April 9, 2018 

Contact: Kimberly Dean 

(202) 218-6774 

kdean@bpcaction. org 

BPCf 

cti 

BPC Action commends Sens. John Barrasso {R-WY), Sheldon Whitehouse (D-RI), Shelley Moore 

Capito (R-WV) and Heidi Heitkamp (D-ND) for introducing S. 2602, the Utilizing Significant 

Emissions with Innovative Technologies (USE IT) Act. This bill will facilitate the development of 

carbon capture technologies, reduce emissions and maintain America's energy independence. 

We must build on recently enacted investments in carbon capture to continue innovating in this 

space. Cutting-edge and commercially viable technologies are needed to mitigate carbon 

emissions and best utilize our critical natural resources. The USE IT Act's carbon utilization and 

direct air capture research are important to developing these technology breakthroughs. 

Collaboration among federal, state and non-government partners will also spur the 

development of carbon capture facilities and C02 pipelines- infrastructure that is crucial in 

maximizing opportunities promoted by the USE IT Act. 

BPC Action applauds the bipartisan action of these senators and looks forward to working with 

Congress to pass legislation that secures our energy future and economy. 

CTJON 
413 


35696.395

CARBON CAPTURE 

COALITI 

Aprilll, 2018 

The Honorable John Barrasso 

Chairman 

U.S. Senate Committee on Environment 

and Public Works 

410 Dirksen Senate Office Building 

Washington, D.C. 20510-6175 

The Honorable Tom Carper 

Ranking Member 

U.S. Senate Committee on Environment 

and Public Works 

410 Dirksen Senate Office Building 

Washington, D.C. 20510-617S 

Dear Chairman Barrasso and Ranking Member Carper: 

On behalf of diverse companies, unions and environmental, energy and agricultural 

organizations participating in the Carbon Capture Coalition 

(www.carboncapturecoalition.org/about-us/), we write in support of the Utilizing 

Significant Emissions with Innovative Technologies (USE IT) Act introduced by Chairman 

Barrasso and cosponsored by Senators Whitehouse, Capito and Heitkamp. 

Building on recent landmark reform of the federal 450 tax credit to incentivize 

deployment of carbon capture technology, the USE IT Act will support research and 

development of direct air capture technology and of beneficial uses of carbon captured 

from industrial facilities and power plants to reduce emissions, as well as foster 

cooperative planning and permitting of pipeline infrastructure to transport carbon 

dioxide (C02) from where it is captured to where it can be safely and permanently 

stored. 

Even as we accelerate deployment of today's carbon capture technologies through the 

revamped 450 tax credit, we believe Congress should continue to encourage research, 

innovation and investment in future capture technologies. The establishment of a $25 

million prize program for early stage direct air capture research and demonstration in 

the USE IT Act will stimulate needed attention, investment, and innovation in a 

technology that, by removing C02 directly from the atmosphere, could play a crucial role 

in achieving future emissions reductions. 

The U.S. also has the opportunity be a leader in the productive and beneficial utilization 

of captured C02 and carbon monoxide as building blocks for producing fuels, chemicals 

and useful products. We support the provision in the USE IT Act to provide $50 million in 

federal funding for research and development of new uses of captured carbon. This 

funding will help lay the groundwork for development of new technologies, industries, 

jobs and markets that expand on the current use and storage of C02 through enhanced 

oil recovery. 
414 


35696.396

CARBON CAPTURE 

COAliTION 

Finally, we call for the inclusion of C02 pipelines in a comprehensive national 

infrastructure policy and for the federal government to help foster the buildout of 

robust pipeline infrastructure to enable the deployment of carbon capture, utilization 

and geologic storage projects in multiple industries and in states and regions throughout 

the country. The USE IT Act takes important steps toward this goal by clarifying that C02 

pipelines are eligible for the Fix America's Surface Transportation Act and by directing 

the Council on Environmental Quality to coordinate the development of C02 pipeline 

permitting guidance and establish regional task forces to address permitting challenges. 

In addition, we believe that the federal government should also play a targeted role in 

supplementing private capital to finance the buildout of critical C02 pipeline 

infrastructure to industries and regions not currently served. We call on Congress to 

provide for such financial incentives to complement the C02 pipeline provisions in the 

USE IT Act. 

We look forward to working with you to secure the enactment of the USE IT Act. 

Sincerely, 

Brad Crabtree 

Vice President for Fossil Energy 

Great Plains Institute 

Bob Perciasepe 

President 

Center for Climate and Energy Solutions 
415 


35696.397

,;;a .. \(2 Es CENTER FOR CLIMATE 

AND ENERGY SOLUTIONS 

"\!!V 

AprillO, 2018 

Senator John Barrasso 

307 Dirksen Senate Office Building 

Washington, DC 20510 

Senator Shelley Moore Capito 

172 Russell Senate Office Building 

Washington, DC 20510 

Senator Sheldon Whitehouse 

530 Hart Senate Office Building 

Washington, DC 20510 

Senator Heidi Heitkamp 

516 Hart Senate Office Building 

Washington, DC 20510 

Re: Encouraging American Innovation in Advanced Low-Carbon Technologies 

Dear Senators Barrasso, Whitehouse, Capito, and Heitkamp: 

As a former Deputy Administrator of the U.S. Environmental Protection 

Agency and recognizing that the sponsors agree to continue with bipartisan 

consensus going forward, I thank you for your leadership in introducing the 

Utilizing Significant Emissions with Innovative Technologies Act (USE IT) Act. 

American innovation in advanced low-carbon technologies from carbon capture 

use and storage to nuclear energy to renewable energy is critically important to 

boost our economic growth and to prevent the worst impacts of climate change. 

From a business perspective, there will be markets for American advanced lowcarbon technologies across the globe as other countries continue to expand their 

efforts to reduce carbon emissions to address climate change. 

The USE IT Act supports research on carbon utilization. I believe that 

transforming captured carbon emissions from a liability into a valuable 

commodity will be a powerful way to align our economic incentives with our 

environmental goals. Federal support for research on carbon utilization should 

focus on three areas: reducing technology costs and increasing the number of 

technology options; conducting lifecycle analysis to ensure that over time the 

focus is on permanently storing more of the carbon; and identifying how to scale 

up these options to meet climate goals. The legislation would also support 

research on direct air capture; this important technology has the potential to 

result in "negative emissions" and may help us achieve the goals of the Paris 

2101 WILSON BLVD. SUITE 550 ARLINGTON, VA 22201 P: 703·516·4146 F: 703-516-9551 
416 


35696.398

CENTER FOR CLIMATE 

""''"'-"=~ AND ENERGY SOLUTIONS 

Agreement which include net zero emissions in the second half of this century. 

Reducing the costs of direct air capture technology and developing business 

models for its deployment are important research priorities. 

On behalf of the Center for Climate and Energy Solutions, I thank you 

again for your leadership and I encourage you and your colleagues to enact the 

USE IT Act- and its research and development incentives for carbon capture 

technology- to open the door that can accelerate American innovation. 

Sincerely, 

Bob Perciasepe 

President 

Center for Climate and Energy Solutions 

2101 WILSON BLVD, SUITE \50 ARLINGTON, VA 22201 P: 703·516·4146 F: 703-516·9551 
417 


35696.399

May 14,2018 

Senator John Barrasso 

Chairman 

Senate Committee on Environment and Public Works 

410 Dirksen Senate Office Building 

Washington, DC 20510 

Dear Chairman Barrasso: 

On behalf of Citizens for Responsible Energy Solutions, I am writing in support of S. 2602, the 

Utilizing Significant Emissions with Innovative Technologies (USE IT) Act. 

S. 2602 will further the development of carbon capture technologies and maintain the United States 

leadership role in carbon dioxide (COz) capture, utilization and sequestration research, 

development and deployment. The legislation directs the Environmental Protection Agency to 

support research on direct air capture and COz utilization, with a focus on technologies that 

transform C02 into commercial use. The bill also improves the permitting process for carbon 

capture and utilization projects by ensuring that these initiatives are eligible for a streamlined 

permitting process. 

The United States' economy and environment will ultimately benefit by realizing the full potential of 

CO, as a commodity. The development of these technologies will facilitate the removal of emissions 

from the atmosphere and capturing a comparative advantage in a new line of carbon-based goods 

and services. 

Thank you for your leadership on these critical issues, and we look forward to working with you to 

enact this legislation. 

Sincerely, 

Heather Reams 

Managing Director 

CITIZENS FOR RESPONSIBLE ENERGY SOLUTIONS/ t;;;zr:li~i·N w:vl/601 Peonnsylvanla Ave. NW/ South Building/9th Floor/ Washington DC 20004 
418 


35696.400

Aprilll, 2018 

The Honorable John Barrasso 

Chairman 

US Senate Committee on Environment and 

Public Works 

410 Dirksf'n Senate Office Building 

Washington, D.C. 20510·6175 

The Honorable Tom Carper 

Ranking Member 

TASK FORCE 

U.S. Senate Committee on Environment and 

Publlc Works 

410 Dirksen Senate Office Building 

Washington, D.C. 20510·6175 

Dear Chairman Barrasso and Ranking Member Carper: 

The Clean Air Task Force in support of the Utilizing Significant Emissions with lnnovatlve 

Technologies (USE !T} Act- by Chairman Barrasso and cosponsored by Senators Whitehouse, 

Capito and Heitkamp. This legislation is an important step that builds on the recent adoptlon of the 

FUTURE Act, which made significant important revisions to and extended the 45Q CCUS tax crediL The 

USE IT Act addresses several important issues that will help us reach the potential of carbon capture 

utilization and storage (CCUS) including: 

Providing a boost to early stage technology efforts of direct capture af co, from the air by 

establishing a $25 million x-prfze 

Providing $50 million in support for R&D on innovative carbon utilization efforts 

Helping facilitate C0 2 pipeline infrastructure development by clarifying C0 2 pipeline eligibility 

underthe FAST Act 

Requiring the Council on Environmental Quality to develop guidance and regional task forces that 

address project and pipeline permitting efficiency improvements and identify activities that can 

transform carbon into a valuable commercial product 

Helping bring new technologies into the commerci.a!ization process is an important complement to the 

m.arket lipuH" offered by the 45Q tax lncent'1ve. Moreover, bul!ding pipeline infrastructure wil! be crucial 

for all aspects of technology development and deployment. 

While there are many economic and technological benefits for CCUS, it ls a critical-path technology for 

redudng carbon emissions. The most recent assessment by the Intergovernmental Panel on Climate 

Change (!PCC) in 2014 underscored the critical-path role CCUS will need to p!ay in meeting the 

temperature targets agreed to under the Poris accords. In the vast majority of emissions reduction 

scenarios developed by the IPCC, CCUS was necessary to meet temperature goals- and atmospheric 

carbon removal was an important component of CCUS in those scenarios. Only those few scenarios that 

included global land use ch.ange on a massive scale were able to meet the goa! without significant use of 

ccus. 

CATF greatly appreciates the continued support for CCUS and Chairman Barrasso's commitment to ensure 

this legislation moves forward on a bi-partisan consensus basis. We look forward to working with you to 

ensure the USE !TAct is enacted by Congress. 

Sincerely, 

Kurt Waltzer 

w~ Clean Air Task Force 

18 Tremont St., Suite 530 I Boston, MA 02108I111Ww,catf.us 1617.624.0234 
419 


35696.401

March 22.2018 

Senator John Barrasso 

U.S. Senate 

307 Dirksen Senate Office Building 

Washington, DC 205! 0 

Dear Senator Barrasso and Senator Whitehouse, 

Senator Sheldon Whitehouse 

U.S. Senate 

530 Hart Senate Office Building 

Washington, DC 20510 

On behalf of ClearPath Action, a 50 I (c)4 organization working to accelerate conservative clean 

energy policy, I am writing to support the Utilizing Significant Emissions with Innovative 

Technologies Act (USE IT Act). The bipartisan bill contains common-sense policy solutions that 

support innovative carbon emission reducing technologies, such as enhanced public private 

partnerships, carbon infrastructure permitting improvements and innovative research and 

development (R&D). 

Renewable and conventional energy facilities, in addition to electricity transmission, are 

currently eligible for a more coordinated and expedited permitting process. The USE IT Act 

takes the commonsense approach of clarifying the eligibility to carbon capture and carbon 

dioxide transportation projects. It also establishes task forces made up of federal agencies, 

industry, and nonprofit organizations to recommend ways to facilitate reviews on carbon capture, 

utilization, and storage projects. 

Prolonged and unclear permitting periods discourage private sector investment due to the capitalintensive nature of carbon capture infrastructure. A recent capture project can be in the range of 

$1 billion and a single carbon dioxide pipeline can easily cost $1 million per mile. 

The USE IT Act is a strong step in enabling market-driven carbon capture and realizing its 

benefits for American consumers. 

Sincerely, 

Rich Powell 

Executive Director, ClearPath Action 

1355 Greenwood Cliff Suite 301 • Charlotte. ~C 28204 

611 Maryland Ave NE • Washington, DC 20002 
420 


35696.402

ENERGY® 

Colin Marshall President and Chief Executive Officer 

April 10, 2018 

The Honorable John Barrasso 

Chairman 

U.S. Senate Committee on Environment and Public Works 

410 Dirksen Senate Office Building 

Washington, DC 20510-6175 

Dear Chairman Barrasso, 

Earlier this year, your leadership in the Senate delivered the fossil fuel industry and environmental 

groups across the country a remarkable bipartisan win in the form of passage of the FUTURE Act, 

amending and improving the 450 tax credit for carbon capture, utilization, and sequestration. The 

vocal support from many very different organizations following passage of the FUTURE Act 

demonstrated that there is significant common ground between those in the utility, coal, and oil and 

gas industries that see CO, as a valuable commodity and those for whom C02 emissions represent 

a serious concern that needs to be addressed. 

Your recent introduction of the Utilizing Significant Emissions with Innovative Technologies 

(USE IT) Act, cosponsored by Senators Capito, Whitehouse, and Heitkamp, represents a further 

opportunity for bipartisan progress in this area. In promoting the development of the C02 

pipeline infrastructure needed to move large-scale carbon capture forward, as well as research 

into beneficial uses for CO,, we see the USE IT Act as the logical next step in the development 

and deployment of carbon capture, utilization, and storage technology supported by the 450 tax 

credit. 

U.S. energy dominance, a strong and robust future for the coal industry and addressing concerns 

about CO, emissions will all be served by legislation like the USE IT Act. To ensure that the U.S. 

retains a competitive advantage in reliable, affordable, and resilient power generation, plentiful 

coal must be a part of the nation's energy future, and we believe the USE IT Act will contribute to 

that future. Thank you for your continued leadership and support. 

Yours sincerely, 

/ '(? !/ I. /Jj C/cA/~ 

Colin Marshall 

CLOUD PEAK ENERGY INC. ! 3851nterlocken Crescent, Suite 400 I Broomfield, CO 80021 

T +1 720 566 2900 ! F +1 720 566 3095 1 www.cloudoeakenerCiv.com 
421 


35696.403

We've reached a pivotal moment in the United States to galvanize American researchers and 

businesses into action on climate innovation. 

We applaud the bipartisan work from U.S. Senators John Barrasso and Sheldon Whitehouse in 

introducing the Utilizing Significant Emissions with Innovative Technologies (USE IT) Act on 

March 26, 2018. The USE IT Act provides the necessary government infrastructure that can 

lead to breakthroughs in carbon capture utilization and sequestration (CCUS) research. 

Global authorities on climate change, including the Intergovernmental Panel on Climate Change 

(IPCC) and the International Energy Agency (lEA), agree that CCUS is essential to meet the 

Paris Agreement. 

Carbon capture technologies take advantage of a virtually limitless, free resource while 

mitigating the rising levels of a greenhouse gas. Converting C02 into products can lead to a $1 

trillion business opportunity by 2030 with the potential to consume 10% of annual, global C02 

emissions (source: http://bit.ly/2usMzRx). 

Government intervention is essential for limiting the global temperature increase to two degrees 

Celsius, and that is why the USE IT Act is a huge win for all international and local players in the 

C02-based ecosystem. 

As business leaders, researchers, scientists and members of the C02 Sciences Board of 

Directors, we write in strong support of plans to increase the spending and building for carbon 

capture research in the United States. We see it as a necessary step to ensure a prosperous 

planet for future generations. We will leverage our network of collaborations in the scientific and 

business communities to raise awareness and generate support for your efforts. 

We greatly appreciate your support and attention. 

C02 Sciences Board of Directors 

Bernard J. David, Chairman, C02 Sciences 

David Douglas, Applied Invention 

Thomas E. Lovejoy, United Nations Foundation 

Louisa G. Ritter, Pisces, Inc. 

Thomas Sheldon, Chief Financial Officer, C02 Sciences 

Dr. Ellen Williams, Professor, University of Maryland 

C02 Sciences, Inc, 

www globalco2initiatiye org • Twitter: @reuse C02 
422 


35696.404

The Honorable John Barrasso 

Chairman 

EACo2 

Er;crqy i\dvarxc' Center 

May 18,2018 

Senate Committee on Environment and Public Works 

410 Dirksen Building 

Washington, D.C. 20510 

Dear Chairman Barrasso: 

On behalf of the Energy Advance Center, a voluntary association of energy and energyrelated companies whose purpose is to promote the energy industry's interests in issues related to 

carbon capture, utilization, and storage ("CCUS"), I write to thank you and Senators 

Whitehouse, Capito and Heitkamp for introducing S. 2602, the Utilizing Significant Emissions 

with Innovative Technologies Act, or USE IT Act. 

In particular, we believe Title II of the bill will help facilitate deployment of CCUS. 

Under that title, Section 201 clarifies that CCUS projects and C02 pipelines are eligible for 

permitting review under the coordinated process the FAST Act set forth to expedite approvals. 

Section 202 of the bill tasks the Council on Environmental Quality ("CEQ'') with preparing 

guidance for other federal agencies to aid their permitting processes for CCUS facilities and C02 

pipelines under various key federal environmental laws. It also directs CEQ to identify 

oppm1unities to transform captured C02 into valuable products. It directs CEQ to establish at 

least two regional task forces to provide recommendations. 

CCUS is a vital suite of technologies to improve the greenhouse gas emissions profile of 

fossil fuels and enhance the economic opportunities from use of C02 with benefits for the 

economy, energy security, and the environment. The Energy Advance Center appreciates your 

leadership on CCUS issues and supports S. 2602. 

Sincerelv. 

~fa~ Fred Eames 

cc: Senator Sheldon Whitehouse 

Senator Shelley Moore Capito 

Senator Heidi Heitkamp 
423 


35696.405

Aprill0,20!8 

The Honorable John Barrasso 

U.S. Senate 

307 Dirksen Senate Office Building 

Washington, DC 20510 

Dear Senators Barrasso and Whitehouse: 

The Honorable Sheldon Whitehouse 

U.S. Senate 

530 Hart Senate Office Building 

Washington, DC 20510 

On behalf of the Energy & Environmental Research Center (EERC) at the University of North Dakota, 

I write in support of the "Utilizing Significant Emissions with Innovative Technologies" (USEI1) Act. 

Thank you for your leadership in authoring this legislation. 

The EERC is a unique organization dedicated to providing practical, pioneering solutions to the 

world's energy and environmental challenges. The EERC has a rich history of dynamic working 

relationships with industry, government, and research entities throughout the world. Since 2003, 

the EERC has worked with those partners to develop solutions to carbon management issues, with 

an emphasis on developing value-added carbon dioxide (C02) utilization options that will enable 

continued use of affordable and abundant fossil fuels. 

The EERC currently manages the Plains C02 Reduction (PCOR) Partnership, a multiyear, 

multimillion-dollar collaboration of over 100 stakeholders that has laid the groundwork for 

practical and environmentally sound co, utilization and associated storage projects in the 

heartland of North America. The PCOR Partnership membership includes stakeholders 

representing a diverse cross section of co, producers, end users, environmental groups, and 

regulators. The EERC strongly supports this legislation because it will help leverage the resources 

of states, industry, universities, and the federal government and build on these efforts to develop costeffective carbon capture, utilization, and storage (CCUS). 

In addition to technical and financial assistance to supper! research, your legislation would establish 

interagency guidance and a task force to facilitate CCUS infrastructure. The EERC supports these 

provisions as well, given the new infrastructure that will need to be developed on a considerable scale 

to commercially deploy CCUS technology at a meaningful scale. 

The USEIT Act is important legislation to advance the development ofCCUS technology. The EERC 

again thanks you for your efforts to support cost-effective solutions for electric power generation. We 

hope that this legislation can receive prompt consideration by the Senate. 

Sincerely, 

1(_/J~ 

Thomas A. Erickson 

CEO 

TAE/rss 
424 


35696.406

April 5, 2018 

The Honorable John Barrasso 

U.S. Senate 

307 Dirksen Senate Office Building 

Washington, DC 20510 

Global 

Thermostat 

The Honorable Sheldon Whitehouse 

U.S. Senate 

530 Hart Senate Office Building 

Washington, DC 20510 

Dear Senators Barrasso and Whitehouse: 

On behalf of Global Thermostat, I write in support of the "Utilizing Significant Emissions 

with Innovative Technologies" (USEIT) Act. We understand there will be a hearing on 

Aprilll, 2018 at 10:15am in the Dirksen Senate Office Building Room 406. Thank you for 

your leadership in authoring this legislation. 

Global Thermostat has pioneered a breakthrough low-cost technology that removes 

C02 directly from air and is now entering its commercial stage. Our cost is sufficiently 

low that we can sell the COz we remove from the atmosphere for commercial use, for 

example to carbonated beverage companies, such as Coca Cola, and for the production 

of plastics from C02 that is used by firms such as Ike a. Global Thermostat has built a 

commercial demonstration carbon capture plant at SRI, 333 Ravenswood Avenue in 

Menlo Park, CA (Silicon Valley) and is currently building commercial plants to remove 

C02 directly from air (direct air capture or "DAC") at our factory in Huntsville, AL 

The UN Intergovernmental Panel on Climate Change that is composed of thousands of 

scientists around the world and has received the Nobel Prize for its work on carbon 

capture has determined that removal of C02 directly from air as Global Thermostat 

does is now needed on a massive scale in order to avert catastrophic risks from climate 

change. The groundbreaking legislation of the FUTURE Act (450) and the important 

current bill together with technologies like Global Thermostat place the United States at 

the leadership of world efforts to reverse climate change and does so while favoring 

economic growth, creating jobs and expanding US exports to the entire world economy. 

About 30,000 Global Thermostat plants suffice to remove all the C02 that humans emit 

every year. We will be able to build these plants in every state of the US leveraging the 

resources of every state, industry, university and the Federal Government and build on 

these efforts to develop cost-effective carbon capture utilization and storage ("CCUS") 

and DAC. Your bill can help prioritize resources to build projects and clean the 

atmosphere while enhancing economic growth. 

335 Riverside Drive New York, NY 10025 (212) 678-1148 http://globalthermostat.com 
425 


35696.407

I understand that in addition to technical and financial assistance to support research, 

your legislation would establish interagency guidance and a task force to facilitate costeffective CCUS infrastructure and DAC. Global Thermostat supports these provisions 

given the new infrastructure that will need to be developed on a considerable scale to 

deploy DAC technology. 

The USE IT Act is important legislation to advance the development of CCUS and in 

particular DAC technology which is necessary for resolving the climate change problem. 

Global Thermostat again thanks you for your efforts to support commonsense solutions 

for electric power generation. We hope that this legislation can receive prompt 

consideration by the Senate. 

Sincerely, 

Dr. Graciela Chichilnisky 

CEO & Co-Founder 

Professor of Economics and Statistics 

Columbia University 

New York, NY 10025 

(c) 646.623.3333 

335 Riverside Drive New York, NY 10025 t. 212-678-1148 f. 212-678-0405 http://globalthermostat.com 
426 


35696.408

April9, 2018 

GREAT 

RIVER 

ENERGYm 

The Honorable John Barrasso 

U.S. Senate 

307 Dirksen Senate Office Building 

Washington DC 20510 

Dear Senators Barrasso and Whithouse; 

12300 Elm Creek Boulevard 

Maple Grove, Minnesota 55369-4718 

763-445-5000 

grealriverenergy.corn 

The Honorable Sheldon Whitehouse 

U.S. Senate 

530 Hart Senate Office Building 

Washington DC 20510 

On behalf of Great River Energy, I write to supportS. 2602, the "Utilizing Significant Emissions with Innovative 

Technologies" (USEIT) Act. Thank you for sponsoring this bill that would provide a possible pathway for electric 

utilities and others to research and implement carbon capture, utilization and sequestration (CCUS) technology. 

Great River Energy is a generation and transmission cooperative based in Minnesota that provides electricity to 

695,000 members by serving 28 distribution cooperatives in Minnesota and Wisconsin. We own power plants and 

(through a subsidiary) ethanol plants in North Dakota that could be sources of carbon dioxide under the act. 

CCUS has the potential to be a beneficial method of reducing the emission of carbon dioxide, a greenhouse gas, 

into the atmosphere. If the carbon dioxide could be used for a commercially valuable purpose, such as enhanced 

oil recovery, then the economic feasibility of CCUS would be advanced. The bill would direct the EPA to provide 

technical and financial assistance to carbon dioxide utilization projects. This could be very beneficial to industry as 

it seeks to reduce or control carbon dioxide emissions. 

S. 2602, Title II, Section 201, would clarify that CCUS projects are covered projects for purposes of Title XLI of the 

FAST Act, which is intended to improve the timeliness of the Federal environmental review and permitting 

process. We support this section of the bill, as well, because delays in permitting can adversely affect the 

feasibility of innovative projects. 

Thank you for the opportunity to comment on such an innovative and constructive bill that could be beneficial 

both to industry and to the environment. 

Sincerely, 

Vice President and Chief Generation Officer 

4/9/2018 S:\Generatlon\£xecuti\le Assistant Files\Rick Lancaster\040918 tlammo·Whith(luse Letter.Docx 
427 


35696.409

~+.\.Lignite ~ r Energy Council fHPOUG~l ADVCCt-.Cr' AND iN:\JOVATlON 

April 10, 2018 

The Honorable John Barrasso 

U.S. Senate 

307 Dirksen Senate Office Building 

Washington, DC 20510 

Dear Senators Barrasso and Whitehouse: 

The Honorable Sheldon Whitehouse 

U.S. Senate 

530 Hart Senate Office Building 

Was hinton, DC 20510 

On behalf of the Lignite Energy Council, I write in full support of the "Utilizing Significant Emissions with 

Innovative Technologies" (USEIT) Act. I greatly appreciate your leadership in authoring this legislation. 

The Lignite Energy Council is a regional trade association for coal mines, electric utilities and about 300 

business providing good and services to the mines and plants that supply power to over two million 

people in the upper Midwest region of the United States. The primary objective of the Lignite Energy 

Council is to maintain a viable lignite coal industry and enhance development of the region's lignite coal 

resources for use in generating electricity, synthetic natural gas and valuable byproducts. This legislation 

will be of great importance for our industry to meet our members' goals and objectives. 

Our region has been a leader in carbon capture utilization and storage (CCUS) as one of our electric 

generation members, Basin Electric Power Cooperative, has been operating the largest carbon 

sequestration project in the world known as The Great Plains Synfuels Plant for the past twenty years. In 

addition, we are currently supporting the advancement of many breakthrough CCUS research and 

development programs to ensure the long-term viability of North Dakota's lignite coal and energy 

generation industries for future generations. 

The USE IT Act will greatly advance CCUS technology development by giving our industry access to 

solutions that will be necessary to build new test facilities and infrastructure that are important and 

commonsense solutions for lignite electric power generation. The Lignite Energy Council and our 

members support this legislation because it will help provide much needed financial and technical 

assistance to further our efforts towards CCUS. Thank you for your leadership on this legislation and for 

your consideration in the Senate. 

Sincerely, 

Jason Bohrer 

CEO & President 

l 016 E. Owens Ave. I PO Box 2277 j Bismarck, NO 58502 

t 701.258.7117 www.!ignite.com @ LEC.rt!ignite.com 
428 


35696.410

MATIHEW H. MEAD 

GOVERNOR THE STATE 

Office of the Governor 

April 10, 2018 

The Honorable John Barrasso 

U.S. Senate 

307 Dirksen Senate Office Building 

Washington, DC 20510 

The Honorable Sheldon Whitehouse 

U.S. Senate 

Hart Senate Office Building, Rm 530 

Washington, DC 20510 

Dear Senator Barrasso and Senator Whitehouse, 

2323 Carey Avenue 

CHEYENNE, WY 82002 

I support the Utilizing Significant Emissions with Innovative Technologies (USE IT) Act. This 

legislation will facilitate the deployment of carbon capture, utilization and storage (CCUS) 

technologies. 

Wyoming's fossil fuel resources benefit our economy and provide the nation with reliable 

energy. The ability to manage carbon and put it to productive use gives Wyoming and the nation 

a long-term low-carbon path to continued production and use of these resources. 

The Furthering carbon capture, Utilization, Technology, Underground storage, and Reduced 

Emissions (FUTURE) Act brought needed financial incentives and assurances to developers of 

CCUS projects. I appreciate your efforts that led to its passage. The USE IT Act provides 

support for carbon capture research and C02 pipeline infrastructure, which are limiting factors in 

project deployment. This bill is a logical next step and will lead to projects being developed and 

allow continued use of abundant resources while lowering the nation's carbon footprint. Thank 

you for your work on this important legislation. 

Sincerely, 

-~~ Matthew H. Mead 

Governor 

MHM:dp 

cc: The Honorable Mike B. Enzi, U.S. Senate 

The Honorable Liz Cheney, U.S. House of Representatives 

PHONE: (307) 777-7434 FAX: (307) 632-3909 
429 


35696.411

HAL QUINN 

Prestdent & CEO 

May 7, 2018 

The Honorable John Barrasso 

Chairman 

Committee on Environment and Public Works 

United States Senate 

Washington, DC 20510 

Dear Chairman Barrasso: 

NMA. 

The National Mining Association commends you for your leadership in authoring and 

introducing S. 2602, the "Utilizing Significant Emissions with Innovative Technologies Act." 

Specifically, we support provisions that promote further research and development of 

technologies that will convert carbon into products of commercial value. We also support the 

goal of reviewing and developing policy guidance to facilitate the permitting of the necessary 

supporting infrastructure including carbon dioxide pipelines. 

Thank you for putting forward this legislation. 

Sincerely, 

~~·· Hal Quinn 

National Mining Association 101 Constitut1on !\venuE>, NW ! E~1st 1 \Vashinoton, DC 20001 ! (202) 463,2600 
430 


35696.412

NRECA 

America'.s Electric Cooperatives 

The Honorable Senator John Barrasso 

307 Dirksen Senate Office Building 

Washington, DC 20510 

The Honorable Senator Shelley Moore Capito 

172 Russell Senate Office Building 

Washington, DC 20510 

U Rr:r: 

~ 

CARBON UTILIZ.!.TIOH 

RESEARCH COUNCIL 

ADVMKING FOSSIL ENERGY SOLUTIONS 

The Honorable Senator Sheldon Whitehouse 

530 Hat1 Senate Office Building 

Washington, DC 20510 

The Honorable Senator Heidi Heitkamp 

516 Hart Senate Office Building 

Washington, DC 20510 

Dear Senators Barrasso, Whitehouse, Capito, and Heitkamp: 

The Carbon Utilization Research Council (CURC) and the National Rural Electric Cooperative 

Association (NRECA) are pleased to support the "Utilizing Significant Emissions with Innovative 

Technologies" Act (USE IT Act). The USE IT Act demonstrates a growing bipartisan leadership effot1 for 

advancing carbon capture, utilization, and sequestration (CCUS) technologies that will improve our 

nation's economic and energy security objectives, while also mitigating emissions of C02 from the use of 

fossil fuels. This legislation demonstrates a federal commitment to continue to work with industry to find 

collaborative pathways for funding and deploying CCUS. 

As organizations that are committed to developing technology solutions for the responsible use of our 

coal and fossi I fuel resources, we are pleased to see Congress share a view that technologies like those 

that are supported by the USE IT Act will enhance the value of our country's vast domestic resources 

while also supporting our national and global- need for reliable, secure, clean and affordable energy. 

Currently, the Clean Air Act does not direct the Environmental Protection Agency to usc its existing 

authority to support carbon utilization or innovative carbon capture research. More development is needed 

for these important technologies to match those advancements seen in solar and wind generation 

technologies. Implementation of the USE IT Act will ultimately lead to solutions that will help bring 

down the costs of commercial-scale CCUS projects integrated with power generation. These efforts will 

complement and enhance work already being done through public-private partnerships such as the 

Wyoming Integrated Test Center and the National Carbon Capture Center. 

Building on the FUTURE Act, legislation championed by this same group of Senators, the USE IT Act 

will go a step fw1her by improving the permitting of carbon capture, utilization, and sequestration 

projects and C02 pipelines, which will provide necessary certainty to power generators and other 

industrial sources and will incentivize the build-out of CCUS projects. 

We thank you for your leadership and look forward to suppot1ing your efforts to advance this important 

legislation. 

Sincerely, 

~~- Jim Matheson 

CEO,NRECA 

Shannon Angielski 

Executive Director, CURC 
431 


35696.413

NllfRECs ~ You£mlm ~ NO 

liv1rg 

North Dakota Association of Rural Electric Cooperatives }20! Nywen Drive NW • P.O. Box 727 • M~lndan, ND 58554-0727 

Phon..:: 7C1.663.65C• l or 800.2 )4.l)) 1 t< 

Fnx: 701.6633745 tl'H'H .ndnr<'L com 

April 5, 2018 

The Honorable John Barrasso 

U.S. Senate 

307 Dirksen Senate Office Building 

Washington, DC 20510 

The Honorable Sheldon Whitehouse 

U.S. Senate 

530 Hart Senate Office Building 

Washington, DC 20510 

Re: Support for Utilizing Significant Emissions with Innovative Technologies (USEIT) Act 

Dear Senators Barrasso and Whitehouse: 

On behalf of North Dakota's electric cooperatives, I write to express our organization's support 

for the Utilizing Significant Emissions with Innovative Technologies (USEIT) Act. Our 

organization is comprised of2l electric generation, transmission and distribution cooperatives that 

have invested billions in electrical infrastructure and proudly provide electrical service to hundreds 

of thousands ofpeoplc. 

Our cooperatives have long been on the forefront of innovation and technology, which is essential 

in providing affordable and reliable power to the member-owners they serve, maintaining a diverse 

energy portfolio made up of both renewable and bascload energy resources. Within our 

membership, our generation cooperatives are pursuing important carbon capture and storage 

projects that will enhance existing assets and more efficiently utilize fuel resources. 

The support, research, technical and financial assistance that this legislation intends to channel will 

help to encourage further development and investment into carbon capture, utilization facilities 

and carbon dioxide pipelines, which will allow electric cooperatives to continue to invest in a 

diverse energy portfolio and benefit from utilization of North Dakota's 800-ycar supply of coaL 

On behalfofNorth Dakota's electric cooperatives, thank you for putting forward innovative viable 

solutions. The USEIT Act is key legislation that, if passed, will contribute to a more reliable, 

resilient and secure energy future for many years to come. 

Sincerely, 

Josh Kramer 

Etecutive Vice President & General Manager 

North Dakota Association of Rural Electric Cooperatives 

This institution is an equal opportunity provider and employer 

Your Touchstone Energy' Cooperative ~ 
432 


35696.414

April10.20!8 

Chairman John Barrasso 

Committee on Environment and Public Works 

410 Dirksen Senate Office Building 

Washington, DC 20510 

Chairman Barrasso and Ranking Member Carper: 

Ranking Member Tom Carper 

Committee on Environment and Public Works 

456 Dirksen Senate Office Building 

Washington, DC 20510 

I am writing in support of S.2602, the USE IT Act, your bill to incentivize carbon use and direct air 

capture, and to better understand carbon capture infrastructure needs. Carbon capture is a key climate 

technology that many models show will likely be necessary to meeting emissions targets. The United 

States should continue to support the development and deployment of the full range of carbon capture 

technologies- from direct air capture to industrial emissions to carbon use. 

Reducing emissions as quickly as possible domestically and abroad should be a top priority. However. 

many climate scientists expect that we will need negative emissions technologies to avoid the worst 

impacts of climate change. Direct air capture is a cutting edge technology that could prove vital in 

protecting our planet and we appreciate that this bill would support further development. 

We also appreciate that this bill would provide necessary federal supp011 for the growing carbon use 

industry. While there are dozens of carbon use projects globally, the United States is home to more than 

any other single country. We should support and cultivate this industry, which has the potential to 

establish new opportunities to beneficially use and store carbon dioxide. 

Finally, particularly after the recent passage of the FUTURE Act, which we expect to lead to increased 

deployment of carbon capture projects, there is a need to consider what infrastructure will be required to 

widely deploy this technology. The provisions in the USE IT Act track closely with the recommendations 

of the 2015 Quadrennial Energy Review and other expert recommendations, and we applaud the 

committee's interest in this issue. 

We appreciate your leadership on this issue and look forward to continuing to work with your Committee. 

Sincerely, 

Josh Freed 

Vice President for Clean Energy 

Third Way 
433 

Æ 


35696.415

April 24, 2018 

Honorable john Barrasso 

Chairman 

Committee on Environment and Public Works 

United States Senate 

410 D,rksen Senate Office Building 

Washington, D.C. 20510 

Honorable Thomas R. Carper 

Co:mrr1itt·ee <:m Environment and Public Works 

United States Senate 

456 Dirksen Senate Office Building 

Washington, D.C. 20510 

Dear Chainnan Barrasso and Ranking Member Carper: 

The U.S. is the leader in carbon dioxide (COz) capture, utilization and sequestration (CCUS] 

research, deployment. Given resources and 

environment, we will advance our technologies so can continue to use ou1· at>unda1ot 

resources while WestC'rn Go>;ernrn·."nmomtttlr> f1in:1rtisan 

\Vestern Governors have 

environmental and ecculomic· benef1ts. cct~~~~~~:,~·~~~~·~gter:~c( support research on direct <1ir capture and CO:. utilization, with a focus o: 

transform CO, into a commercial value. The bill alSo c1an.nes 

carbon for the streamlined 

en\•ironm,enl,aE:w<zllasulrvoclrnecolznition 

development and utilization of carbon capture technologies. Please do not hesitate to contact us if 

we can be of further assistance. 

Sincerely, 

~+ Governor of Hawmi 

Chair, WGA Vice Chair, WGA