79–010 

Calendar No. 425 

115TH CONGRESS REPORT " ! SENATE 2d Session 115–294 

AMERICA’S WATER INFRASTRUCTURE ACT OF 2018 

JULY 10, 2018.—Ordered to be printed 

Mr. BARRASSO, from the Committee on Environment and Public 

Works, submitted the following 

R E P O R T 

[To accompany S. 2800] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Environment and Public Works, to which was 

referred the bill (S. 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, having considered the same, reports favorably thereon with an amendment in the nature of a substitute and recommends that the bill, 

as amended, do pass. 

GENERAL STATEMENT AND BACKGROUND

America’s Water Infrastructure Act of 2018 (AWIA 2018) primarily addresses the civil works program of the Army Corps of Engineers (Corps). The bill also authorizes key drinking water and 

wastewater infrastructure under the Safe Drinking Water Act 

(SDWA) and the Clean Water Act (CWA) that are administered by 

the Environmental Protection Agency (EPA). It also addresses certain water supply and storage programs of the Bureau of Reclamation (BOR). 

In addition to authorizing Corps activities and projects, the 

Water Resources Reform and Development Act of 2014, P.L. 113– 

121 (WRRDA 2014), and the Water Infrastructure Improvements 

for the Nation Act of 2016, P.L. 144–322 (WIIN 2016), also modified programs under the CWA and SDWA. Similarly, in the 115th 

Congress, the Committee has given considerable attention to the 

importance of drinking water and wastewater infrastructure. AWIA 


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2018 includes provisions to help alleviate drinking and wastewater 

problems posed by outdated water systems that are not in compliance with current standards, and to address funding shortfalls 

faced by municipalities across the nation, with a focus on assisting 

small, rural, tribal, and other disadvantaged communities. AWIA 

2018 enables the EPA to help such localities meet federally imposed water quality standards; fund critical water infrastructure 

projects; gain access to drinking water and wastewater systems; 

and invest in research and innovative water technologies for the future. 

COMMITTEE OVERVIEW

The Committee’s reported legislation: 

CREATES JOBS AND GROWS THE ECONOMY

• Cuts bureaucratic red tape and increases transparency to 

ensure local communities have greater control in prioritizing 

the projects that receive funding 

• Sets a goal that the Corps complete feasibility studies for 

new projects in 2 years 

• Eliminates the need for multiple benefit-cost-ratio assessments from the Corps for a single project 

• Mandates that the Corps expeditiously shares project data 

with non-Federal partners once the non-Federal partner takes 

over a project, and helps the non-Federal partners obtain needed permits 

• Maintains navigation routes for commerce and the movement of goods to keep America competitive in the global marketplace 

• Ensures that the Corps maintains the competitiveness of 

our coastal and inland ports, and maintains the navigability of 

our inland waterways 

• Invests in the maintenance and construction of water and 

wastewater infrastructure 

• Invests in the development of a strong water utility workforce 

• Increases water storage and supply for rural America 

• Repairs aging irrigation systems to grow agricultural 

based economies 

• Authorizes or reauthorizes important water infrastructure 

programs and projects that benefit the entire country 

IS FISCALLY RESPONSIBLE

• Includes $7.5 billion in new deauthorizations—saving taxpayers’ dollars 

• Holds the Corps financially accountable for any failures to 

complete studies and reports called for in the legislation in a 

timely manner 

• Reauthorizes the Water Infrastructure Finance and Innovation Act (WIFIA) and authorizes the Securing Required 

Funding for Water Infrastructure Now Act (SRF WIN Act) to 

promote leveraging millions in non-Federal funds for water 

projects 


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PROTECTS LIVES, PROPERTY AND THE ENVIRONMENT

• Reduces flooding risks for coastal, inland and rural communities 

• Invests in repairing aging drinking water and wastewater 

infrastructure 

• Gives small and rural communities assistance with their 

drinking water and wastewater systems 

• Creates new standards to make water utilities and water 

storage more affordable for small and rural communities 

• Provides technical assistance to states to help them comply 

with EPA regulatory standards 

Corps of Engineers Civil Works Program 

The Secretary of the Army, acting through the Corps, implements the civil works program. The Corps studies, designs and constructs projects for, among other purposes, navigation, flood damage reduction, beach erosion, shoreline protection, hydropower, 

recreation, water supply, and environmental restoration and protection. Navigation, flood damage reduction and coastal storm damage reduction and ecosystem restoration are core missions. In general, water supply, hydropower, and recreation are project purposes 

adopted only if a project already has a primary project purpose 

such as navigation, flood control, or ecosystem restoration. 

The economic impacts of the civil works program are considerable. Corps projects help to generate $109.83 billion in net annual 

economic benefits and produce $34.16 billion in revenue to the U.S. 

Treasury. The United States derives nearly one-third of its Gross 

Domestic Product from international trade, and 99 percent of that 

trade passes through the nation’s ports. The United States’ economy relies on port related activities to handle its imports and exports. The Corps operates or maintains 13,000 miles of commercial 

deep draft ship channels and 12,000 miles of commercial inland 

waterways, which serve a combined 41 states and transports much 

of the cargo moved by waterways. 

The U.S. maritime transportation industry supports $2 trillion in 

commerce through our ports, from and to every corner of America 

and the world. In addition, $321 billion in Federal, state, and local 

tax revenue is generated by our ports each year. The maritime 

transport industry creates employment for over 13 million people, 

and business revenue related to ports is $4.5 trillion. Port-related 

jobs total 23.2 million and salaries and wages from those jobs total 

nearly $1.2 trillion. Nearly $2 billion is spent in contracts to small 

businesses for dredging related activities. Of the 40 companies that 

dredge for the Corps, 28 are small businesses (fiscal year 2017). 

According to the Corps, there were 311 flood risk management 

projects under construction in fiscal year 2017. The agency manages 14,700 miles of levees and 715 dams at 556 projects. Nationwide, the benefits-to-cost ratio (BCR) for flood protection projects is 

over eight to one. Average annual flood damage prevented through 

the Corps mission is estimated at $87.3 billion between fiscal years 

2008 through 2017. Damages approximating $249 billion were prevented in fiscal year 2017 alone. Over the course of the last century, when adjusted for inflation, every dollar invested in flood risk 


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management by the Corps has translated into $9.96 worth of prevented damages. 

The Corps has 136 multipurpose reservoirs with water supply 

storage in 25 states across the nation. These reservoir projects are 

authorized to hold 9.8 million acre-feet of municipal and industrial 

water supply storage and provide approximately $7 billion in economic benefits at a national level. In addition, the projects with hydropower produce 25 percent of the nation’s hydropower (3 percent 

of total U.S. electric capacity). BOR also plays a substantial role in 

providing water supply for western states that is critical to the 

livelihoods of both farmers and ranchers. To illustrate, the agency 

operates 388 reservoirs with a total storage capacity of 140 million 

acre-feet, and provides one out of five western farmers with irrigation for 10 million farmland acres. That land produces 60 percent 

of the nation’s vegetables and one quarter of its fresh fruit and nut 

crops. 

The committee held several hearings on infrastructure that were 

instrumental in the development of this bill: • February 8, 2017, hearing entitled ‘‘Oversight: Modernizing 

our Nation’s Infrastructure’’ • May 3, 2017, hearing entitled ‘‘Infrastructure Project 

Streamlining and Efficiency: Achieving Faster, Better, and 

Cheaper Results’’ • May 16, 2017, subcommittee hearing entitled ‘‘Leveraging 

Federal Funding: Innovative Solutions for Infrastructure’’ • January 10, 2018, hearing entitled ‘‘America’s Water Infrastructure Needs and Challenges’’ • January 17, 2018, hearing entitled ‘‘America’s Water Infrastructure Needs and Challenges: Federal panel’’ • March 1, 2018, hearing entitled ‘‘The Administration’s 

Framework for Rebuilding Infrastructure in America’’ • May 9, 2018, hearing entitled ‘‘S. 2800, America’s Water 

Infrastructure Act of 2018’’ • May 17, 2018, hearing entitled ‘‘S. 2800, America’s Water 

Infrastructure Act of 2018’’ 

The Committee heard from water resources infrastructure stakeholders and federal witnesses concerning the need to improve and 

maintain our nation’s water infrastructure, and ways to keep that 

infrastructure operational. The Committee also heard about the 

economic benefits the nation derives from water resources infrastructure, as well as the jobs created when the Federal government 

invests in that infrastructure. 

Implementing the Reforms Contained in WRRDA 2014 and WIIN 

2016 

WRRDA 2014 enacted a new process for authorizing water resources development projects, project modifications, and studies. 

Under Section 7001 of that legislation, Congress directed the Secretary of the Army to submit an annual report to the Senate Committee on Environment and Public Works and the House Committee on Transportation and Infrastructure recommending potential studies and projects for authorization. To implement this process, AWIA 2018 authorizes nine new feasibility studies and modifications approved by the Secretary for submission to Congress 

under section 7001 of WRRDA 2014, as well as six new projects 


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and three project modifications recommended by the Chief of Engineers and Director of Civil Works. 

WRRDA 2014 included important reforms to increase flexibility 

for non-Federal sponsors of Corps projects and accelerate project 

delivery; however, not all of those reforms have been implemented. 

In past bills, the Committee has been concerned about the Corps’ 

failure to reach out to interested stakeholders regarding implementation guidance. This concern remains and to address it, AWIA 

2018 includes a provision that requires the Corps to provide an opportunity for public comment on the proposed implementation guidance and to consider the comments. 

WIIN 2016 was enacted on December 16, 2016. It built on the 

reforms of WRRDA 2014, providing additional flexibility for nonFederal sponsors of Corps projects, and enhancing such sponsors’ 

ability to leverage Federal investments. WIIN 2016 also authorized 

assistance for communities facing drinking water emergencies, 

such as the City of Flint, Michigan. WIIN 2016 addressed significant tribal and natural resource issues, such as the repair, replacement and maintenance of Indian irrigation projects, the repayment 

of water supply contracts, water rights settlements, and drought 

relief for California and the western United States. 

AWIA 2018 builds on the reforms contained in WRRDA 2014 and 

WIIN 2016 that were designed to improve the Corps’ execution of 

projects and programs and assure the agency adheres to existing 

environmental laws and regulations. During the development of S. 

2800, the Committee identified multiple provisions of law, dating 

back to the Water Resources Development Act of 1986, P.L. 99–662 

(WRDA 1986), which have yet to be implemented by the Corps. Accordingly, S. 2800 includes provisions that require timely issuance 

of implementation guidance for these provisions. 

The Committee intends that the Corps’ issuance of implementation guidance should be more than just ‘‘checking a box,’’ rather, 

it should actually lead to implementation of the provision. Further, 

the Committee believes that the Corps too frequently cites the lack 

of specific appropriations or other barriers as excuses for non-implementation, or considers the publishing of implementation guidance to be the final goal. The Committee also believes that the 

Corps should fully execute the provisions of law enacted by Congress. 

Corps of Engineers Civil Works Program Transparency and Predictability 

Given the importance of Corps’ programs and projects, the Committee places a high priority on enactment of a WRDA bill every 

two years. A biennial authorization process is also important to the 

non-Federal stakeholders who rely on the predictability of WRDAs 

for the timely authorization of Chief’s Reports and necessary 

project modifications. S. 2800 meets that objective. Additionally, 

this bill reforms the Corps’ budgeting process by requiring the development of five-year budget plans within a transparent public 

process. This further enhances needed visibility and predictability 

for Corps’ stakeholders and partners. 


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Risk Informed Decision Making 

The Committee encourages the Corps to develop and leverage 

risk-informed decision methodologies for project implementation. 

However, that risk-informed decision-making should not lengthen 

the project process, or increase project time or cost. Project decision-making and implementation timelines should be accelerated to 

the extent practicable without violating existing law. 

Finding Solutions to Today’s Water Resource Management Challenges 

In situations where the Corps is unable to move forward with 

project implementation in a timely manner due to budget constraints, or if a non-Corps solution is the best way to achieve desired outcomes, the Committee expects the Corps to develop the 

best solutions with other Federal and non-Federal entities. The 

best solution could be an innovative delivery model, or it may not 

be a Corps-driven solution at all. 

The Committee expects the Corps to aid its partners, stakeholders and other relevant executive branch agencies in identifying 

the best solution to a problem. Such a solution should be identified 

regardless of whether it is a Corps-centric one or a problem better 

resolved by other Federal, state, local or private interests, or combination thereof. 

Water Supply and Storage 

Many states, particularly throughout the West, depend on both 

sufficient and reliable water supplies in order to sustain their livelihoods through farming and ranching. In a May 9, 2018, hearing 

entitled ‘‘Legislative Hearing on S. 2800, America’s Water Infrastructure Act of 2018,’’ the Committee heard from witnesses about 

how vital the removal of chronic sediment buildup behind dams 

and in reservoirs is to increased storage capacity. In fact, the Committee received testimony that some reservoirs are currently 50 

percent full of silt. This is not a problem in the West alone. At a 

May 17, 2018, hearing entitled ‘‘Legislative Hearing on S. 2800, 

America’s Water Infrastructure Act: Federal panel,’’ the Assistant 

Secretary of the Army for Civil Works acknowledged that other 

parts of the country are also afflicted by sedimentation through the 

resulting loss of valuable flood control capacity, thus helping to 

demonstrate the national scope of the problem. 

AWIA 2018 addresses this problem by increasing water supply in 

existing reservoirs through the development of programs and sediment management plans for reservoirs, including through partnerships between the Corps and BOR. 

Clean Water Act and Safe Drinking Water Act Programs 

The CWA establishes a framework for protecting water quality 

based on a comprehensive state-Federal program to control the discharges of pollutants into waterways. It also provides Federal financial assistance to local drinking and wastewater systems to improve water quality and comply with the Act’s requirements. The 

nation’s wastewater infrastructure includes 21,000 publicly owned 

wastewater treatment plants, an estimated 100,000 major pumping 

stations, 600,000 miles of sanitary sewers, and 200,000 miles of 

storm sewers. The CWA aims to bring communities into compliance 


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with secondary treatment standards for the discharge of sewage. 

This objective was supported by Federal grants totaling over $60 

billion between 1973 and 1987. 

In 1987, Congress amended the CWA to shift the mechanism for 

providing Federal assistance away from grants and created state 

revolving loan funds. Under these amendments, each state receives 

a grant each year from Congress to capitalize its own state revolving fund (SRF). The states then use these funds to make low-interest loans to communities to help with CWA compliance. States also 

may use a portion of the funding to provide additional subsidies for 

disadvantaged communities (as determined by the state). 

Through fiscal year 2017, Congress has provided over $40 billion 

in capitalization grants for the state Clean Water State Revolving 

Funds (CW SRFs), including $1.394 billion in fiscal year 2017. 

States provide an additional 20 percent in matching funds. 

SDWA, first enacted in 1974, authorizes EPA to establish maximum contaminant levels for drinking water to protect public 

health. SDWA standards apply to community water systems that 

have at least 15 service connections or serve at least 25 people per 

day for 60 days of the year. There are approximately 70,000 such 

water systems nationwide. 

In 1996, to help communities meet the health-based requirements of the SDWA, that statute was amended to add a state revolving loan fund program, the Drinking Water State Revolving 

Funds (DW SRFs). Like the CW SRFs, the DW SRFs provide low 

interest loans to community water systems. States also may use a 

portion of the funding to provide additional subsidies for disadvantaged communities (as determined by the state). 

Through fiscal year 2017, Congress has provided more than $20 

billion in capitalization grants for the DW SRFs, including $863 

million in fiscal year 2017. States provide an additional 20 percent 

in matching funds. These SRFs help states meet the growing need 

for investments in water and wastewater infrastructure. AWIA 

2018 encourages robust funding of the SRFs. 

EPA published its sixth national assessment, Drinking Water Infrastructure Needs Survey, in March 2018. It estimated that the nation’s drinking water utilities require $472.6 billion in infrastructure investments and $271 billion in wastewater needs over the 

next 20 years in order to ensure public health, security and the 

economic well-being of our cities, towns and communities. According to the EPA Assessment, the national drinking water need includes $74.4 billion for small systems (serving 3,300 or fewer people), $210 billion for medium water systems (serving 3,301 to 

100,000) and $174.4 billion for large water systems (serving over 

100,000). The needs of water systems serving Indian, Alaskan Native Village, and not-for-profit water systems totals around $8.9 billion. 

With respect to sewer infrastructure, many areas face financial 

challenges when trying to address combined sewer overflows 

(CSOs) and sanitary sewer overflows (SSOs). Many systems have 

insufficient capacity to address wet weather conditions, and communities lack sufficient independent financing ability to fund needed capacity upgrades. AWIA 2018 authorizes new sewer overflow 

control grants in order to assist with these types of urgent needs. 


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The Committee heard testimony that our nation’s ability to provide clean water and safe drinking water is challenged by deteriorating wastewater infrastructure that is in urgent need of repair, 

replacement, and upgrade. Witnesses recommended the following 

actions: financial support through grants; state revolving loan 

funds; innovative financing mechanisms; a different approach to 

determining the affordability of infrastructure investments; the use 

of funds for compliance assistance; and the use of integrated planning and green infrastructure to help make infrastructure more affordable. Witnesses also suggested targeted assistance to those 

most in need, including small, rural communities and tribal lands. 

As a result, the Committee incorporated these proposals into several provisions of AWIA 2018. 

Witnesses also supported innovative financing tools, such as 

those provided by WIFIA and SRF WIN Act. WIFIA was enacted 

as part of WRRDA 2014. It allows EPA to make secured loans for 

drinking water and wastewater infrastructure, desalination, water 

recycling, and aquifer recharge. The legislation also allows the 

Corps to make secured loans for flood control, navigation, and ecosystem restoration. It is important to note that the Corps has not 

yet implemented its own WIFIA program due to a lack of funding. 

As funded, EPA’s WIFIA accelerates investment in our nation’s infrastructure by providing long-term, low-cost supplemental loans 

and has significant leveraging power. The Office of Management 

and Budget’s fiscal year 2019 estimated subsidy rate for WIFIA 

suggests that every $1 of WIFIA budget authority, on average, enables the EPA to issue $102 in WIFIA loans (1:102 direct loan leverage ratio). SRF WIN utilizes this leveraging power by using 

WIFIA financing to capitalize the existing SRFs. This will allow 

states to finance thousands of existing and vetted water and wastewater infrastructure projects expeditiously. AWIA 2018 includes 

both of these financing tools. 

Economic Benefits of Water Infrastructure Investment 

Investments in water infrastructure are essential for protecting 

public health and the environment. They also generate significant 

economic benefits. The Department of Commerce’s Bureau of Economic Analysis estimates that for every dollar in revenue realized 

by the water and wastewater industry, $2.62 in revenue are realized by all other industries. Adding one job in the water and wastewater industry creates an additional 3.68 jobs in the national economy. 

At the request of the Committee, in 2016 the Water Environment 

Federation and the Water Reuse Association studied the economic 

benefits of investing in water and sewer infrastructure through 

state revolving loan funds. The study found that for every Federal 

dollar of Federal SRF spending, 21.4 percent is returned in the 

form of tax revenue to the Federal government. The study also 

evaluated increased employment and labor income, and economic 

output resulting from Federal investments in SRFs. On average, 

16.5 jobs are generated for every million dollars in SRF spending. 

These are high-paying jobs, estimated to be about $60,000 in annual income. Finally, the report found that every million dollars of 

SRF spending generates $2.95 million in economic activity for the 

U.S. economy. 


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These studies and others demonstrate that investments in drinking water and wastewater infrastructure are not only beneficial to 

public health and the environment, but also generate significant 

economic benefits. AWIA 2018 includes authorities and programs to 

support investment in drinking water and wastewater infrastructure, and to make that investment more affordable for rural, tribal, 

and other stakeholders. 

Innovative Technology 

The Committee realizes the need for investment in resilient 

water infrastructure and the benefits of the development of new 

technologies. The Committee heard from witnesses, stakeholders, 

and constituents about the advantages of incorporating innovative 

materials and technologies, including desalination and water reuse 

and recycling, into water resources projects. S. 2800 provides for 

grants focused on the resiliency and adaptability of water systems, 

as well as investments into the research of new water and wastewater technology. 

OBJECTIVES OF THE LEGISLATION

The objectives of S. 2800 are to meet the nation’s water infrastructure needs, including navigation, flood risk management, ecosystem restoration, drinking water, and clean water infrastructure, 

while also expanding water supply and water storage capacity. 

SECTION-BY-SECTION ANALYSIS

Sec. 1. Short title; table of contents 

Section 1 states that the Act may be cited as ‘‘America’s Water 

Infrastructure Act of 2018’’ and includes a Table of Contents. 

Sec. 2. Definition of Secretary 

Section 2 defines the ‘‘Secretary’’ for the purposes of the Act as 

the Secretary of the Army. 

TITLE I—GENERAL PROVISIONS

Sec. 1001. Corps budgeting 

Section 1001 requires that the Corps headquarters and districts 

provide Congress with a work plan and four year projected budget 

on an annual basis. This section will offer 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 also increases public participation, transparency and accountability. 

While the Administration’s BCR analysis is a valuable tool for 

evaluating projects, the Committee believes it is a limited tool that 

too often prevents projects critical to local and regional communities and their economies from moving forward. This section will 

enable local and state leaders to participate in a local planning 

process that allows projects to advance and receive appropriations. 

As part of the required public participation under this section, the 

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source and life-cycle portfolio management. This is designed to address project and system or watershed-level needs by leveraging 

Federal, state, local and private sector funding and authorities. The 

Committee expects the Corps to work with local stakeholders and 

partners to make sure regional and local priorities are built into 

the project planning process at all levels and that stakeholder 

voices are reflected in the decisions that the Corps implements. 

Further, the Committee expects the Corps to be responsive to local 

stakeholders needs and to act as a partner in this process. 

The Committee expects the Corps to collect, analyze, and incorporate information and data on significant non-Corps investments 

within the system or watershed as part of the development of the 

‘‘Value to the United States’’ analysis and the five-year budget and 

work plans. In some cases, the Corps is unable to move forward 

with project implementation in a timely manner due to budget constraints, or a non-Corps solution may be the best way to achieve 

desired outcomes. In these instances, the Committee expects the 

Corps to help facilitate the development of the best solutions with 

other Federal and non-Federal entities. The best solution could be 

an innovative delivery model, or it may not be a Corps-driven solution at all. 

Sec. 1002. National Academy studies 

Section 1002 requires the National Academy of Sciences to study 

how to increase transparency in budgetary processes and cooperation with Congress; Federal, state and local units of government; 

and stakeholders; as well as with other cost-share partners. 

Section 1002 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. 1003. GAO study on benefit-cost analysis reforms 

Section 1003 requires that the Comptroller General of the United 

States (the Comptroller General) conduct and submit to Congress 

a study on the BCR procedures of the Secretary and the Director 

of the Office of Management and Budget (OMB) within one year 

after enactment of AWIA 2018. The study should include (1) an examination of the benefits that the Secretary and Director do and 

do not include in the BCR 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. 

While the BCR analysis is a useful and valuable tool, the current 

BCR procedures prevent too many critical projects from moving forward. The Committee expects the study required by this section to 

include a review of the economic benefits and costs used in the 

BCR calculations by OMB and the Corps. Specifically, the Committee expects the study to examine all issues associated with improving the BCR calculation and its use. As the Committee has 

heard from multiple members and as the legislation indicates, the 

Committee expects this analysis should examine key factors such 

as missing costs and benefits not considered by the Corps under 


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current BCR calculations. For example, the Committee recognizes 

concerns that the current calculation does not consider the many 

economic and other benefits associated with beach renourishment 

that can provide an important buffer to coastal storm damage or 

various flood control projects in rural areas, such as in Cedar Rapids, Iowa. 

Sec. 1004. Transparency and accountability in cost-sharing for 

water resources projects 

Section 1004 amends the current Corps cost-sharing requirements for feasibility studies and project construction. This section 

directs Corps districts to maintain a balance sheet to track project 

funding whenever a local cost-share match is required for a water 

resources development project. The Corps must provide the balance 

sheet to the non-Federal sponsor upon request. 

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. In other words, the local sponsors are to 

be credited the full amount of remaining non-Federal cost share 

funds that they provided to the Corps. Further, the non-Federal interest may use the excess funds as its cost-share for other Corps 

projects or its cost-share for operation and maintenance of a project 

for which a non-Federal cost-share is required. 

Sec. 1005. Non-Federal sponsor reimbursements 

Section 1005 mandates that when a project executed by the Secretary under an existing agreement results in a non-Federal sponsor having unreimbursed funds, on the request of the non-Federal 

sponsor, the Secretary has two options. The Secretary can 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. 1006. Challenge cost-sharing program for the management of 

recreation facilities 

Section 1006 amends section 225(c) (33 U.S.C. 2328) of the Water 

Resources Development Act of 1992 (WRDA 1992). It permits a 

non-Federal private entity to enter into cooperative agreements 

with the Secretary to collect user fees for the development of recreation sites and facilities regardless of whether the site and facilities 

were developed or constructed by the non-Federal entity or Department of the Army. 

Under section 1006 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. 

Section 1006 also states that the non-Federal private entity must 

adhere to the same regulations and requirements as a non-Federal 

public entity. 


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Sec. 1007. Cost estimates 

Section 1007 amends section 2008(c) (33 U.S.C. 240(c)) of the 

Water Resources Development Act of 2007 (WRDA 2007). It prevents the retroactive application of an increased non-Federal costshare in situations where construction on a Corps project has already begun prior to the increase in non-Federal cost-share. 

Sec. 1008. Retroactive changes to cost-sharing agreements 

Section 1008 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 (33 

U.S.C. 2330) of the Water Resources Development Act of 1996 

(WRDA 1996). 

Pursuant to section 1008 of AWIA 2018, 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 

Section 1009 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. 1010. Study and report on expediting certain waiver processes 

Section 1010 requires the Secretary to report to the Senate Committee on Environment and Public Works and the House Committee on Transportation and Infrastructure within one year of enactment of AWIA 2018. The report will describe 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 of 2010 (P.L. 111–85; 123 Stat. 

2851). Communities with little economic base that cannot afford to 

raise a non-Federal cost-share use the waiver process. 

Sec. 1011. Feasibility studies for mitigation of storm damage 

Section 1011 amends section 105(a)(1) of WRDA 1986 (33 U.S.C. 

2215(a)(1)) dealing with feasibility studies for projects to mitigate 

damage to an area affected by weather or other events. This section 

stipulates that the Federal cost-share for such feasibility studies 

will be between 50 and 100 percent if (1) the Secretary provided 

emergency response under section 5 of the Flood Control Act of 

1941 (44 Stat. 659, chapter 377; 33 U.S.C. 701n), or the area received disaster assistance under the Stafford Act during the eightyear period preceding the enactment of AWIA 2018, and (2) there 

is a significant risk for future similar events. 

The Committee expects the Corps to use this authority to assist 

areas affected by weather or other events during the eight years 

preceding enactment, where there is significant risk of future similar events. 

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

Section 1012 amends section 5(a) of the Flood Control Act of 

1941 (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)) to provide disVerDate Sep 11 2014 07:16 Jul 15, 2018 Jkt 079010 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\SR294.XXX SR294

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aster 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 long-term safeguards and protection. 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 

SDWA). 

This section contains a sunset provision ending the authority of 

the Secretary to provide extended assistance 2 years after enactment of AWIA 2018. 

The Committee expects the Corps to use this authority to provide 

extended disaster assistance to states, tribes or other entities after 

the initial 30-day period. In providing such assistance, the Committee expects the Corps to consider long-term solutions, costs, and 

resiliency in developing solutions to create sustainable, resilient 

communities. The Committee expects that the solutions developed 

will have considered and incorporated Federal and non-Federal authorities and funding, as appropriate, as well as the long-term 

needs of the local communities. 

Sec. 1013. Advanced funds for water resources development studies 

and projects 

Section 1013 amends the Act of October 15, 1940 (54 Stat. 1176, 

chapter 884; 33 U.S.C. 701h–1). 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 the advanced funds are 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 

Section 1014 directs the Secretary to issue guidance to implement the provisions of WRRDA 2014 and WIIN 2016 within 120 

days after the date of enactment of AWIA 2018, unless a lack of 

appropriated funds prevents the issuance of implementation guidance. This requirement only applies to provisions of WRRDA 2014 

and WIIN 2016 for which the Corps has not already issued implementation guidance as of enactment of AWIA 2018. 

The Corps continues to lag in fulfilling its obligation to issue implementation guidance for a number of provisions from the prior 

two water resource development laws. As such, the Committee included this provision directing the Corps to execute its legal responsibility to issue the guidance. 

Sec. 1015. Implementation guidance for this Act 

Section 1015 requires that any implementation guidance issued 

to carry out AWIA 2018, or any amendments made by it with respect to a provision of law under the jurisdiction of the Secretary, 

must be issued within one year of enactment of AWIA 2018. The 

proposed guidance must also be subject to public comment. The 


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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. 

The Corps has an obligation to issue implementation guidance 

for AWIA 2018. As such, the Committee included this provision directing the Corps to issue the guidance as required in an expeditious manner. 

Sec. 1016. Easements for certain rural electric, telephone, and 

broadband service facilities 

Section 1016 amends section 1172 of WIIN 2016 (33 U.S.C. 

2354). It requires the Secretary to grant easements across water 

resources development project land to nonprofit organizations providing electric, telephone, or broadband service facilities that are 

eligible for financing under 7 U.S.C. 901 et. seq. Any easement 

granted under this section cannot interfere with the safe functioning of a water resources project. The location and placement of 

the easement is at the Secretary’s discretion. 

The Committee encourages the Corps to develop utility corridors 

and to do other relevant planning in determining the geographic 

placement of utilities or facilities in order to maximize future use 

of the land, as well as potentially minimize the need for future utility or facility relocations. Nothing in this section changes existing 

legal requirements for utility placements. 

Sec. 1017. Corps capabilities 

Section 1017 states that the Secretary shall conduct the study 

currently authorized by section 936 of WRDA 1986 (33 U.S.C. 

2300) and complete it within one 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. Any proposed measures for 

expediting a project must also comply with all requirements of law 

applicable to the Corps’ water resources program. 

This study was authorized to be conducted by the Corps in 

WRDA 1986, but was never completed. The Committee directs the 

Corps to complete this study within one year to better inform future efforts to expedite and improve the efficiency of project delivery that may be needed. 

Sec. 1018. Project authorization funding lines 

Section 1018 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. 

Once a project has been authorized under one business line, the 

Committee directs that subsequent changes to the funding account 

should not impact the policies or considerations for the project. For 

example, the navigation business line’s Federal standard for disposal of dredge material should not be applied to an ecosystem restoration project that is now funded under the navigation business 

line. Such application could effectively defeat the Congressional intent for the execution of the project. 


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Sec. 1019. Consolidation of studies; report 

Section 1019 requires the Secretary to complete a study and report to Congress within one year of enactment of AWIA 2018 on 

the effects of section 1002 of WRRDA 2014 (128 Stat. 1198). The 

goal of the study is to ensure that section 1002 of WRRDA 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 1002 of WRRDA 2014 repealed requirements that the 

Corps conduct a reconnaissance study prior to initiating a feasibility study. It also created an accelerated process that allows nonFederal 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 if the Secretary believes that a 

project is not in the public interest or is not feasible for technical, 

legal, or financial reasons. 

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

Section 1020 amends section 203(e) of WRDA 1986 (33 U.S.C. 

2231(e)) 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. 

Under current law, section 203 of WRDA 1986 allows a non-Federal project sponsor for a project to undertake work that would normally be conducted by the Corps. However, non-Federal sponsors 

shared concerns with Committee that the Corps is unable to accept 

and use non-Federal funds to provide technical assistance for section 203 projects. The Committee directs the Corps to provide the 

technical assistance for feasibility studies conducted pursuant to 

this authority. 

Sec. 1021. Reports to Congress 

In the event the Secretary fails to provide a completed report or 

study within 180 days after the applicable date required by AWIA 

2018, section 1021 requires the Secretary to reprogram $5,000 from 

the General Expenses account of the civil works program of the 

Corps, and an additional $5,000 each week the report remains 

uncompleted thereafter. The total amount reprogrammed per study 

or report cannot exceed $50,000 in any fiscal year and the total 

amount reprogrammed for all studies cannot exceed $100,000. 

Section 1021 allows the Secretary to avoid the reprogramming of 

funds for delayed reports or studies if the Secretary certifies to 

Congress that a major modification has been made to the document’s content; funds to carry out the report or study were not appropriated; or additional information is required for the Corps to 

complete such documents in a timely manner. 


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Sec. 1022. Disposition studies 

Section 1022 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. 1023. Natural infrastructure 

Section 1023 sets new requirements for flood risk management 

or hurricane and storm damage risk reduction projects. In conducting feasibility studies on these projects, the Secretary must 

consider the use of both traditional and natural infrastructure alternatives, alone or in conjunction with each other, if those alternatives are practicable. 

Sec. 1024. Watercraft inspection stations 

Section 1024 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 the 

Corps’ authorization for watercraft inspection stations on the Columbia River Basin to $30 million for each fiscal year. It also provides a $30 million authorization for each fiscal year for inspection 

stations in the Upper Missouri River Basin. 

The Committee is very concerned with the threat posed by 

invasive species. In particular, quagga and zebra mussels are a serious threat to the Columbia River and Upper Missouri River Basins and water bodies located therein. The Committee directs the 

Corps to take all necessary steps to prevent the spread of invasive 

species in these basins. 

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

Section 1025 extends the $50 million authorization of the nonFederal implementation pilot program for fiscal years 2020 and 

2021. This pilot program evaluates 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 harbors and channels. 

Sec. 1026. Project studies subject to independent peer review 

Section 1026 extends the statutory obligation of the Secretary to 

carry out independent peer reviews during the development of feasibility studies until 2024. 

The section also requires the Secretary to complete a report within one year of enactment of AWIA 2018. The report should analyze 

cost and time overruns for projects subject to section 2034 of 

WRDA 2007 (33 U.S.C. 2343). Specifically, the report will examine 

the effectiveness of peer review, the extent to which planning problems are identified in the peer review process, and describe whether the Secretary plans to take actions to address problems identified by Independent External Peer Review panels. The Secretary 

must submit the report required under this section to the Committee on Environment and Public Works of the Senate and the 

Committee on Transportation and Infrastructure of the House of 

Representatives. 


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Sec. 1027. Expedited consideration 

Section 1027 extends through December 31, 2024, the expedited 

consideration procedure authorized in section 7004(b)(4) of WRRDA 

2014 (128 Stat. 1374). This provision allows Congress to consider 

authorizing certain water resource development or conservation 

projects outside of the regular biennial WRDA authorization cycles. 

Sec. 1028. WIFIA study 

Section 1028 requires the Secretary to conduct a study on impediments to Corps’ WIFIA program implementation. The Committee directs the Secretary to study obstacles to the implementation of the program and to identify all projects that the Secretary 

determines are potentially viable to receive assistance. Further, the 

study requires the Secretary to describe any amendments to the 

Act or other legislative or regulatory changes that would improve 

the Secretary’s ability to implement the Corps’ WIFIA program. 

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 one year after enactment of AWIA 2018. 

Sec. 1029. Enhanced development demonstration program 

Section 1029 directs the Secretary to review the master plan and 

shoreline management plan for any lake described in section 3134 

of WRDA 2007 (121 Stat. 1142; 130 Stat. 1671). The purpose is to 

identify suitable areas for enhanced development, as defined in 

AWIA 2018. The Secretary is authorized under this section to lease 

Federal land under the Secretary’s jurisdiction using competitive 

procedures. Authorized leases must: (1) require payment of at least 

fair market value, up to 50 percent of which may be provided inkind at the discretion of the Secretary; (2) enter into a partnership 

agreement with the private sector; (3) consider lease durations of 

up to 100 years; and (4) consider regional economic impacts. 

Section 1029 also requires that the Secretary complete a study 

and submit a report to Congress within two years of enactment of 

AWIA 2018. 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 shall include a description of the obstacles that must be removed to implement the 

authorities. 

Sec. 1030. Duplication of efforts 

Section 1030 addresses projects where the non-Federal sponsor is 

working with an institution of higher education or entity on a 

water resources project. In order to reduce duplicative efforts, the 

Secretary must consider hiring that institution of higher education 

or entity, in accordance with any applicable contract law, to provide 

assistance under section 22 of the Water Resources Development 

Act of 1974 (P.L. 93–251) with respect to that same project. 

The Committee has concerns regarding the amount of time it 

takes to complete water resources projects, which increases project 

costs and results in lost economic opportunities. The Committee 

calls upon the Corps to take any steps permissible under the law 

to reduce unnecessary or redundant work. The purpose behind this 


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section is to help ensure that limited resources are used to complete projects. 

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

storage projects 

Section 1031 creates a Board of Appeals for certain water storage 

projects. The Board is made up of five members, to be appointed 

by the Secretary, of whom two shall be representatives of state 

water development commissions and agencies with water storage 

needs, two shall be representatives of the Corps, and one shall be 

a representative jointly selected by the Secretary and other participating entities. The provision requires the District Engineer to develop and provide to a project applicant a purpose and needs statement that describes whether the Corps concurs with the purpose 

and need statement of the applicant. 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 purpose and need statement in any case in which the District Engineer does not concur. 

The Committee heard concerns that the regulatory permitting 

process for water storage projects is extremely lengthy, in part due 

to issues associated with identifying and analyzing the purpose and 

need of the project. In addition, in some cases, unexpected permit 

conditions are attached to the permit. This section is intended to 

increase transparency and provide the permittee an opportunity to 

obtain an appeal board review of a project’s purpose and needs 

statement in addition to applicable remedies available under existing law. 

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

Section 1032 states the sense of Congress that financing of 

project operations, maintenance or capital improvements by 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 

Section 1033 states the sense of Congress that the amendment 

to section 203 of WRDA 1986 (33 U.S.C. 2231) made by section 

1126 of WIIN 2016 (130 Stat. 1648), which concerns study of water 

resources development projects by non-Federal interests, was intended to supersede any conflicting laws. 

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

Section 1034 states the sense of Congress that the Secretary 

should simplify and expedite the process for including in-kind work 

in project partnership agreements. Such changes should allow for 

more flexibility in conducting 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 

Section 1035 states the sense of Congress that the Secretary 

should ensure that Corps infrastructure can endure extreme 


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weather, mitigate flooding and other negative storm 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 include natural and nature-based solutions. 

Sec. 1036. Alterations to local flood control projects 

Section 1036 provides the District Engineer of each Corps district, 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. 

The Committee heard concerns that some Corps districts are not 

implementing existing authorities in law to approve alterations to 

local flood control projects. The Committee also understands that 

some districts are taking too long to address these permits. As a 

result, this legislative language was included to direct the Corps to 

implement all relevant existing authorities related to flood control. 

Sec. 1037. Non-Federal construction 

Section 1037 requires the Secretary to provide to the non-Federal 

interest all relevant data and documentation with respect to a 

water resources development project carried out under section 

204(b) of WRDA 1986 (33 U.S.C. 2232(b)). The transfer must occur 

within 90 days of receiving such a request. Additionally, the Secretary must also provide technical assistance to the non-Federal interest 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 

Section 1038 amends section 5 of the Flood Control Act of 1936 

(49 Stat. 1589, chapter 688, 33 U.S.C. 701h) 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 (58 Stat. 890, chapter 665; 

33 U.S.C. 709). 

Sec. 1039. Mitigation bank credit release schedules 

Section 1039 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 CWA for proposed projects awaiting the 

release of credits. 

Sec. 1040. Innovative materials report 

Section 1040 requires the Secretary to submit to Congress a report within one year of enactment of AWIA 2018 that describes acVerDate Sep 11 2014 07:16 Jul 15, 2018 Jkt 079010 PO 00000 Frm 00019 Fmt 6659 Sfmt 6602 E:\HR\OC\SR294.XXX SR294

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tivities conducted at all Corps 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 provide recommendations regarding the innovative materials that 

should be used in water resources projects. 

Sec. 1041. Updates to benefit-cost analysis 

Section 1041 states that the Secretary cannot perform or update 

a BCR analysis of a project once construction has commenced. 

The Committee heard concerns about administrative updates to 

individual project BCR calculations that are causing unnecessary 

project delays and cost escalations. The result has been a burden 

on the taxpayer while necessary infrastructure projects languish. 

Sec. 1042. Local government water management plans 

Section 1042 requires the Secretary, with the consent of a nonFederal sponsor of a feasibility study, to allow a unit of a local government in a watershed that has adopted a water management 

plan to participate in the feasibility study. The study will 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. 

Sec. 1043. Access to real estate data 

Section 1043 requires the Secretary to make publically available 

existing real estate plat, geographic information system, and 

geospatial data on all Federal real estate assets owned, operated, 

managed, or regulated by the Corps, 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. 

Developers constructing various infrastructure, such as municipal utilities, pipelines, roads, sewage and water projects, must determine if their activities will impact Corps-owned real estate, such 

as flood control projects, levees, and dredge material disposal facilities. However, as this information is not publicly available, developers must conduct title searches or ask the Corps and then wait 

for a response, potentially resulting in construction schedule 

delays. The Committee believes that such information should be 

publically available to help ensure the delivery of non-Federal 

projects on Corps lands occur in a more expeditious manner. 

Sec. 1044. Advanced funds for discrete segments 

Section 1044 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 nonFederal share of the project cost. 

The Committee heard concerns that the Corps cannot accept advanced funds for discrete project segments. As a result, several 

projects have been stymied (such as Port Everglades, Florida). This 

legislative language will allow discrete segments of projects to 


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move forward if they are feasible, environmentally acceptable, and 

can function independently without creating hazards in advance of 

completion of the project. 

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

Section 1045 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. Consultation includes 

notification to, working with, and addressing the concerns of the 

non-Federal sponsor. 

Sec. 1046. Categorical exclusions 

Section 1046 amends section 2045(l) of WRDA 2007 (33 U.S.C. 

2348(l)). This section requires the Secretary to survey the Corps’ 

use of categorical exclusions under the National Environmental 

Policy Act (NEPA) for projects authorized since 2014. 

In the case that the Secretary has identified a category of activities that merit establishing a categorical exclusion that did not 

exist on the day before enactment of AWIA 2018, the Secretary 

must publish a notice of proposed rulemaking to identify potential 

categorical exclusions in conformance with the criteria under 4 

C.F.R. 1508.4 (as in effect on the date of enactment of AWIA 2018) 

within one year. The Committee intends the Corps to evaluate the 

need for, and, if warranted, develop new categorical exclusions for 

Corps projects and activities using existing authorities and regulatory requirements provided under NEPA as of the date of enactment of AWIA 2018. 

Sec. 1047. Geomatic data 

Section 1047 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 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. 

Sec. 1048. Flexibility for projects 

Section 1048 addresses feasibility studies initiated by the Secretary under section 905(a) of WRDA 1986 (33 U.S.C. 2282(a)), following the enactment of AWIA 2018. 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 use expedited processing to complete the feasibility study within the two-year goal. 

Sec. 1049. Credit in lieu of reimbursement 

Section 1049 amends section 1022(b) of WRRDA 2014 (33 U.S.C. 

2225(b)) in order to enable the transfer of existing credits, both 

monetary and in-kind, from a non-Federal sponsor of a section 211 

project (construction of flood control projects by non-Federal interVerDate Sep 11 2014 07:16 Jul 15, 2018 Jkt 079010 PO 00000 Frm 00021 Fmt 6659 Sfmt 6602 E:\HR\OC\SR294.XXX SR294

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ests) to another government entity, pending approval by the Secretary. 

TITLE II—STUDIES, MODIFICATIONS, AND PROJECT AUTHORIZATIONS

SUBTITLE A—STUDIES

Sec. 2001. Authorization of proposed feasibility studies 

Section 2001 authorizes the Secretary to conduct feasibility studies for nine projects for water resources development that were 

submitted to Congress in an annual Report to Congress on Future 

Water Resources Development pursuant to section 7001 of WRRDA 

2014 (33 U.S.C. 2282d), or otherwise reviewed by Congress: 

(1) Lower Mississippi River, Arkansas, Kentucky, Louisiana, 

Missouri, Mississippi, and Tennessee 

(2) Ouachita-Black Rivers Navigation Project 

(3) San Diego River 1, 2, and 3 Levee System 

(4) Northshore 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 

Section 2002 authorizes the Secretary to conduct a study on the 

function and reliability of the Lower Missouri River Bank stabilization and navigation project. 

SUBTITLE B—DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED

PROVISIONS

Sec. 2101. Savannah Harbor expansion project 

Section 2101 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 Svensen Island 

Section 2102 deauthorizes the project for Svensen Island, Oregon, as of the date of enactment of AWIA 2018. 

Sec. 2103. Whittier Narrows study 

Section 2103 requires a study by the Secretary regarding the 

Whittier Narrows Dam Project to evaluate the impacts of removing 

one 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 AWIA 2018. 

Sec. 2104. West Tennessee tributaries project, Tennessee 

Section 2104 deauthorizes the West Tennessee tributaries project 

along the Obion and Forked Deer rivers and tributaries, as of the 

date of enactment of AWIA 2018. 


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Sec. 2105. Bridgeport Harbor-Pequonnock River navigation project, 

Connecticut 

Section 2105 deauthorizes the Bridgeport Harbor-Pequonnock 

River navigation project north of Congress Street in the City of 

Bridgeport, Connecticut, as of the date of enactment of AWIA 2018. 

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

River, Florida 

Section 2106 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 

AWIA 2018. 

Sec. 2107. Corps of Engineers bridge repair and divestiture program 

for New England evacuation routes 

Section 2107 allows the Secretary to repair or replace bridges in 

New England owned and operated by the Secretary that are necessary for evacuation routes in extreme weather events, subject to 

appropriations. 

Sec. 2108. Boston Harbor reserved channel deauthorizations 

Section 2108 deauthorizes portions of the Boston Harbor, Massachusetts, navigation project authorized by the first section of the 

Act of October 17, 1940 (54 Stat. 1198, chapter 895), 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 (33 U.S.C. 579c(a)) from 

seven to 10 years. The Secretary must not count any period of time 

during which 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 section 1001(d)(4) of WRRDA 2014 (33 U.S.C. 2282c((d)(4)) 

from seven to 10 years. 

The Committee heard criticisms associated with a lack of conformity between the study and project deauthorization timeframes 

enacted in WRDA 1986 and WRRDA 2014. In order to reduce any 

confusion and inequity, this section amends WRRDA to lengthen 

that statue’s seven year timeframes for study and construction 

deauthorizations to 10 years. 

Sec. 2110. Deauthorization of inactive studies 

Section 2110’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 10-year period preceding enactment of AWIA 2018. 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 


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Senate and the Committee on Transportation and Infrastructure of 

the House of Representatives. 

Section 2110 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 nonFederal interest for the feasibility study provides adequate funds 

to complete the feasibility study. 

The Committee understands that the Corps is obligated to deauthorize certain feasibility studies pursuant to section 710 of 

WRDA 1986 (33 U.S.C. 2264). However, despite this requirement, 

thousands of eligible feasibility studies remain authorized. It is 

also the Committee’s understanding that the Corps has been attempting to identify which feasibility studies remain meritorious 

and deserving of completion for a prolonged period with no clear 

deadline for finishing that effort. Therefore, the Committee expects 

the Corps will take appropriate steps to identify the studies that 

should be completed in the most expeditious manner possible. 

Sec. 2111. Certain disposition studies 

Section 2111 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 (33 U.S.C. 549a). 

Sec. 2112. Locks and dams 1 through 4, Kentucky River, Kentucky 

Section 2112 deauthorizes Kentucky River locks and dams 1 

through 4 as of enactment of AWIA 2018. It conveys the project in 

‘‘as is’’ 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 from activities on the property. 

Sec. 2113. Kissimmee River restoration 

Section 2113 authorizes the Secretary to credit work performed 

or to be performed by the non-Federal sponsor as an in-kind contribution under section 221(a)(4) of the Flood Control Act of 1970 

(42 U.S.C. 1962d-5b(a)(4)), in accordance with the report dated 

April 27, 2018, relating to the project for ecosystem restoration, 

Kissimmee River, Florida, authorized by section 101(8) of WRDA 

1992 (106 Stat. 4802). 

Sec. 2114. Norfolk Harbor and channel, Thimble Shoal widening, 

Virginia 

Section 2114 authorizes the Secretary to carry out modifications 

to the project for navigation, Norfolk Harbor and channel Thimble 

Shoal widening, Virginia. 

SUBTITLE C—WATER RESOURCES INFRASTRUCTURE

Sec. 2201. Project authorizations 

Section 2201 authorizes six Chiefs Reports: 

Navigation— 


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(1) Houston-Galveston Navigation Channel Extension 

Flood Risk Management— 

(1) Ala Wai Canal 

(2) Mamaroneck-Sheldrake Rivers 

Hurricane and Storm Damage Risk Reduction— 

(1) St. Johns County 

(2) St. Lucie County 

(3) Sabine Pass to Galveston Bay 

Sec. 2202. McMicken Dam, Arizona, and Muddy River, Massachusetts 

Section 2202 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 AWIA 

2018 that includes a description of the reasons of the 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 

Section 2203 amends section 219(f) of WRDA 1992 (106 Stat. 

4835; 113 Stat. 334, 114 Stat. 2763A–219, 121 Stat. 1242, 121 Stat. 

1261). It authorizes 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; and it raises the appropriation authorization level to $70 million for the Harbor/South Baywater recycling project. It also it authorizes appropriations in the amount 

of $16 million for wastewater infrastructure in Charlotte County, 

Florida. 

Section 2203 also amends section 219 of WRDA 1992 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. 

Sec. 2204. Conditional reauthorization of environmental projects 

Section 2204 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 AWIA 2018. 

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

Section 2205 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 

Section 2206 states that the Secretary shall expedite the completion of studies for flood damage reduction, hurricane and storm 

damage reduction, and ecosystem restoration in the coastal areas 

of Texas. These studies will be identified in the upcoming Corps 

Tentatively Selected Plan resulting from the Coastal Texas Study 

due in 2018, notwithstanding any other provision of law. 


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The Committee heard concerns that the Corps has delayed completing this study due to possible legal barriers to the project’s implementation imposed by WRRDA 2014. Section 2206 was written 

to direct the Corps to complete the study regardless of the WRRDA 

2014 requirement, and determine if there is a feasible project before Congress considers the need to modify other applicable laws. 

SUBTITLE D—EXPEDITED AND MODIFIED STUDIES AND PROJECTS

Sec. 2301. Rahway River Basin flood risk management project 

Section 2301 requires the Secretary to prioritize funding and expedite completion of the feasibility 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 (33 U.S.C. 2287). 

Sec. 2302. Hudson-Raritan Estuary Comprehensive Restoration 

Project 

Section 2302 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) of 

WIIN 2016 (130 Stat. 1707). 

Sec. 2303. Certain projects in Rhode Island 

Section 2303 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 

Section 2304 states that the Secretary shall expedite the project 

for flood risk management at Cedar River, Cedar Rapids, Iowa, authorized by section 7002(2) of WRRDA 2014 (128 Stat. 1366). 

Sec. 2305. Plymouth Harbor, Massachusetts 

Section 2305 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 

Section 2306 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 

Section 2307 states that the Secretary shall expedite construction 

of a reservoir south of Lake Okeechobee as part of the Central EvVerDate Sep 11 2014 07:16 Jul 15, 2018 Jkt 079010 PO 00000 Frm 00026 Fmt 6659 Sfmt 6602 E:\HR\OC\SR294.XXX SR294

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erglades Planning Project authorized under section 1401(4) of 

WIIN 2016 (130 Stat. 1713). 

Sec. 2308. Portsmouth Harbor and Piscataqua River 

Section 2308 states that the Secretary shall expedite the Portsmouth Harbor and Piscataqua River Navigation Improvement 

Project. 

Sec. 2309. Blain Road footbridge, Thompson, Connecticut 

Section 2309 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 

Section 2310 states that the Secretary shall follow the current 

law under section 1185 of WIIN 2016 (130 Stat. 1680) with respect 

to the Table Rock Lake Master Plan and Table Rock Lake Shoreline Management Plan, for Table Rock Lake, located in Arkansas 

and Missouri. 

Section 1185 of WIIN 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 shoreline management plan. 

Sec. 2311. McCook Reservoir, Illinois 

Section 2311 states that the Secretary shall consider McCook 

Reservoir project as a priority for implementation under section 

1043(b) of WRRDA 2014 (33 U.S.C. 2201 note; P.L. 113–121). 

Sec. 2312. Baptiste Collette Bayou study, Louisiana 

Section 2312 states that that the Secretary shall expedite the review for the navigation channel deepening study, Baptiste Collette 

Bayou, Louisiana, under section 203 of WRDA 1986 (33 U.S.C. 

2231). 

Sec. 2313. Morganza to the Gulf, Louisiana 

Section 2313 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) of WRRDA 

2014 (128 Stat. 1368). 

Sec. 2314. Louisiana Coastal Area 

Section 2314 states that the Secretary shall expedite completion 

of the project for environmental restoration, Louisiana Coastal 

Area, Louisiana, authorized by section 7002(5) of WRRDA 2014 

(128 Stat. 1370). 

Sec. 2315. Louisiana Coastal Area-Barataria Basin Barrier 

Section 2315 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) of WRRDA 2014 (128 Stat. 1370). 


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Sec. 2316. West Shore Lake Pontchartrain, Louisiana 

Section 2316 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) 

of WIIN 2016 (130 Stat. 1712). 

Sec. 2317. Southwest Coastal Louisiana 

Section 2317 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) of WIIN 2016 (130 Stat. 1715). 

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

study 

Section 2318 states that, not later than 90 days after the date 

of enactment of AWIA 2018, the Secretary shall complete the New 

York-New Jersey Harbor and Tributaries Focus Area Feasibility 

Study authorized by the first section of the Act of June 15, 1955 

(69 Stat. 132, chapter 140). 

Sec. 2319. Lower Brule shoreline stabilization project 

Section 2319 states that the Secretary shall carry out a project 

for shoreline stabilization on the Lower Brule Reservation, South 

Dakota, pursuant to section 203 (33 U.S.C. 2269) of the Water Resources Development Act of 2000 (WRDA 2000). The Federal share 

of the cost of each separable element of the project cannot surpass 

$10 million. 

Sec. 2320. Hampton Harbor, New Hampshire, navigation improvement project 

Section 2320 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 

Section 2321 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 

Section 2322 requires that the Secretary expedite completion of 

the ongoing disposition study regarding the divestiture of locks 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 their use, and a plan to expedite divestiture. The Secretary may 

also produce separate reports for each lock and dam describing the 

results of the study. 

Section 2322 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 

(54 Stat. 1176, chapter 884, 33 U.S.C. 701–1). 


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Sec. 2323. Houma Navigation Canal, Louisiana 

Section 2323 requires that the Secretary expedite the review for 

the study for navigation and channel deepening, Houma Navigation Canal, Louisiana. 

TITLE III—PRIMARY CORPS OF ENGINEERS ACTIVITIES

SUBTITLE A—CONTINUING AUTHORITIES PROGRAMS

Sec. 3001. Corps of Engineers continuing authorities program 

Section 3001 amends specified continuing authorities program 

(CAP) authorities. 

Subsection (a) amends the Storm and Hurricane Restoration and 

Impact Minimization Program under section 3(c) of the Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 426g(c)). 

Thereunder, $45 million is authorized during any fiscal year to pay 

the Federal share of the cost of construction of small shore and 

beach restoration and protection projects or small projects. The 

total amount expended for a single project cannot be more than $15 

million. 

Subsection (b) amends Small River and Harbor Improvement 

Projects under section 107 of the River and Harbor Act of 1960 (33 

U.S.C. 577). In any fiscal year, the Secretary is authorized $62.5 

million for the construction of small river and harbor improvement 

projects. Not more than $12.5 million can be used for the construction of a project at any single locality. 

Subsection (c) amends Shore Damage Prevention or Mitigation 

under section 111 of the River and Harbor Act of 1968 (33 U.S.C. 

426i) by providing that Congress can initiate no such project without specific authorization if the Federal first cost exceeds $15 million. In addition, subject to available appropriations, for projects 

authorized to be carried out at a cost greater than $10 million the 

Secretary may provide a project with an increase in funding equal 

to the lesser of 50 percent of the authorized amount and $5 million. 

It also authorizes $15 million in overall total authorizations. 

Subsection (d) amends Regional Sediment Management under 

section 204 of WRDA 1992 (33 U.S.C. 2326). The total cost associated with construction of a project at any single locality cannot exceed $12.5 million, and $62.5 million is authorized to carry out the 

section per fiscal year. 

Subsection (e) amends Small Flood Control Projects under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s). Under 

this section $82.5 million is authorized for the implementation of 

small structural and nonstructural projects for flood control and related purposes. The project allotment at a single locality shall not 

be more than $15 million. 

Subsection (f) amends Aquatic Ecosystem Restoration under section 206 of WRDA 1996 (33 U.S.C. 2330). It amends the Secretary’s 

general authority by requiring not less than 2 projects be carried 

out in areas with populations under 80,000 and 2 projects be carried out in areas with populations above 2.5 million. No more than 

$12.5 million can be used for a project at any single locality and 

$62.5 million is authorized for each fiscal year. 

Subsection (g) amends Project Modifications for Improvement of 

Environment under section 1135 of the WRDA 1986 (33 U.S.C. 


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2309a). No more than $15 million in Federal funds may be spent 

on any single modification or measure under this section, and $60 

million is authorized to carry out the section. In carrying out this 

section in the Upper Missouri River Basin, the Secretary is to 

prioritize projects that restore degraded ecosystems through modification of existing flood risk management projects. 

Subsection (h) amends Emergency Streambank and Shoreline 

Protection under section 14 of the Flood Control Act of 1946 (33 

U.S.C. 701r). Specifically, $7.5 million is the maximum amount authorized to be appropriated in any one fiscal year at any single locality and $25 million is the maximum amount of authorized funds 

for the construction, repair, restoration, and modification of emergency streambank and shoreline protection works. 

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

Section 3002 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 

Section 3003 reinforces section 1030 of WRRDA 2014 (33 U.S.C. 

400), requiring the Secretary to make both the list of prioritized 

CAP projects and the annual report required on the status of each 

CAP program under section 1030, available via the Federal Register and on a publicly available website. 

SUBTITLE B—NAVIGATION

PART I—Inland Waterways 

Sec. 3101. GAO Study on navigation and ecosystem sustainability 

program 

Section 3101 authorizes the Comptroller General to conduct a 

study on the Navigation and Ecosystem Sustainability Program, including determining the obstacles that need to be removed to implement this program in an expeditious manner. The study must 

be completed and submitted to Congress within one year of enactment of AWIA 2018. 

Sec. 3102. McClellan-Kerr Arkansas River Navigation System 

Section 3102 states that for the purposes of project continuation, 

prior funding for the McClellan-Kerr 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. 

PART II—Ports and Harbors 

Sec. 3111. Beach renourishment and shoreline protection demonstration program 

Section 3111 directs the Secretary to establish a demonstration 

program within 90 days of enactment of AWIA 2018. It will consist 

of no more than five projects for beach nourishment and shoreline 

protection along the Mid-Atlantic Coast of the United States. 


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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 five projects. 

Sec. 3112. Authorization of appropriations for purchase of mat sinking unit 

Section 3112 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 public safety. 

The mat sinking unit has been a key component in maintaining 

the current Mississippi River channel for 70 years. However, it is 

fast approaching a non-reliable status. The Mississippi Valley Division team initiated a partnership with the Marine Design Center 

in June 2014 to develop a conceptual design for a new mat sinking 

unit. The Committee believes authorizing the replacement equipment is essential to commerce along the Mississippi River. 

Sec. 3113. Mat sinking unit 

Section 3113 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 relating to Kennebec River Federal 

navigation channel 

Section 3114 states the sense of Congress that periodic maintenance dredging of the Kennebec 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 relating to Wilmington Harbor dredging 

Section 3115 states the sense of Congress that the Secretary 

should prioritize annual dredging for the harbor in Wilmington, 

Delaware. 

Sec. 3116. Port of Arlington 

Section 3116 would amend the existing authorization to allow the 

Secretary to reimburse the Port of Arlington, Gillam County, Oregon, 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 

Section 3117 directs the Secretary to establish a demonstration 

program to allow a project authorized under section 211 of WRDA 

1996 (33 U.S.C. 701b–13) to begin preliminary engineering and deVerDate Sep 11 2014 07:16 Jul 15, 2018 Jkt 079010 PO 00000 Frm 00031 Fmt 6659 Sfmt 6602 E:\HR\OC\SR294.XXX SR294

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sign (PED) after the completion of a feasibility study and an environmental impact statement (EIS) for the project. For each project 

authorized to begin PED under the demonstration program, the 

project must conform to the final feasibility study and EIS for the 

project. The Secretary and the non-Federal sponsor must also 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 Chief’s Report. The Secretary’s authority to carry out the 

demonstration program terminates five years after enactment of 

AWIA 2018. 

Sec. 3118. Expedited initiation 

Section 3118 directs the Secretary to give priority funding and 

expedited completion of reports for certain listed projects under section 1322(b)(2) of WIIN 2016 (130 Stat.1707). This provision also 

allows for the immediate initiation of PED for the projects once the 

general revaluation report has been submitted to the Major Subordinate Command for approval. 

Sec. 3119. Beneficial use of dredged sediment 

Section 3119 ensures that an easement for a beach nourishment 

project that does not require regular nourishment does not exceed 

the anticipated life-cycle of the project by more than 200 percent. 

Sec. 3120. Rule for beach nourishment and shoreline protection 

projects 

Section 3120 states that the Secretary shall proceed with any 

beach nourishment or shoreline protection project as long as the 

project benefits are equal to or greater than the costs. 

The Committee intends this provision to allow the Corps to budget for and conduct beach nourishment and shoreline protection 

projects with a BCR of one or greater. This provision will allow 

beach nourishment and shoreline protection projects to be treated 

similarly to ecosystem restoration projects when the Corps considers BCR calculations and project budgeting. 

PART III—Miscellaneous Provisions 

Sec. 3121. Report on debris removal 

Section 3121 requires the Secretary to report to Congress within 

180 days of enactment of AWIA 2018 the extent to which the Corps 

has used its authority to remove debris from Federal channels and 

adjacent waters. The report must also describe the method in 

which the Secretary has evaluated potential debris removal 

projects and detail recommendations for a pilot program to implement this authority. 

Sec. 3122. Cape Arundel Disposal Site, Maine 

Section 3122 authorizes the Cape Arundel Disposal Site for 

dredge material disposal to remain open until 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. 


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Sec. 3123. Delaware River navigation project 

Section 3123 amends section 1131(3) of WRDA 1986 (100 Stat. 

4246) 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 

Section 3124 states the sense of Congress that the Secretary may 

use authority under section 9 of the Flood Control Act of 1946 (60 

Stat. 643, chapter 596) to remedy the erosion issues on the Ohio 

River near Clarksville, Indiana. 

SUBTITLE C—LOCKS, DAMS, LEVEES, AND DIKES

Sec. 3201. Certain levee improvements 

Section 3201 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. 

Sec. 3202. Rehabilitation of Corps of Engineers constructed dams 

Section 3202 raises the per project cost limit under section 1177 of WIIN 2016 (33 U.S.C. 467f–2 note; P.L. 114–322) 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. 

Sec. 3203. Non-Federal dams 

Section 3203 authorizes the Secretary to accept non-Federal 

funds from the owners of non-Federal 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 1944 (58 Stat. 890, 

chapter 665, 33 U.S.C. 709). 

Sec. 3204. Reauthorization of National Dam Safety Program Act 

Section 3204 extends the authorization of appropriations for the 

National Dam Safety Program Act (33 U.S.C. 467j) at $13.9 million 

for each of fiscal years 2020 and 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 and mitigating for, responding to, and recovering from dam incidents. 

Sec. 3205. Sense of Congress relating to implementation guidance 

for dam safety repair projects 

Section 3205 states the sense of Congress that the Corps should 

expeditiously issue implementation guidance for section 1139 of 

WIIN 2016 (33 U.S.C. 467n note; P.L. 114–322) for dam safety repair projects. 

Sec. 3206. Reauthorization of national levee safety program 

Section 3206 extends the authorization of appropriations for the 

national levee safety program for fiscal years 2020 and 2021, for 


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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. 

Sec. 3207. Reauthorization of lock operations pilot program 

Section 3207 extends the authorization of the lock operations 

pilot program for the acceptance and expenditure of funds contributed by non-Federal interests until June 10, 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. 

Sec. 3208. Restricted areas at Corps of Engineers dams 

Section 3208 extends the prohibition against the Secretary from 

installing permanent barriers or restricting public access (‘‘Freedom to Fish’’) in the vicinity of the 10 dams on the Cumberland 

River in Kentucky and Tennessee for five years after enactment of 

AWIA 2018. 

Sec. 3209. Certain Bureau of Reclamation dikes 

Section 3209 establishes a 100 percent Federal share for the operations and maintenance costs of a dike owned by the BOR on the 

date of enactment of AWIA 2018, if the construction of the dike 

was completed by December 31, 1945, and a corrective action study 

was completed on the project not later than December 31, 2015. 

Sec. 3210. Rehabilitation of high hazard potential dams 

Section 3210 amends section 8A of the National Dam Safety Program Act (33 U.S.C. 467f–2) to require a non-Federal sponsor to 

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 emergency action plan. 

Sec. 3211. Maintenance of high risk flood control projects 

Section 3211 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. 

The Secretary shall continue to be responsible for its maintenance 

until either the 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 AWIA 2018. 

SUBTITLE D—WATER SUPPLY

Sec. 3301. Authority to make entire active capacity of Fontenelle 

Reservoir available for use 

Section 3301 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, 


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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 of Fontenelle 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 storage at Fontenelle Dam and Reservoir. 

Sec. 3302. Pricing of water storage contracts 

Section 3302 requires the 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 

Section 3303 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 

Section 3304 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. This includes 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 

Section 3305 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 of less 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 AWIA 2018. 

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

in Idaho, Montana, rural Nevada, New Mexico, rural Utah, 

and Wyoming 

Section 3306 states the sense of Congress that the authorization 

of appropriations under section 595(i) (113 Stat. 384; 128 Stat. 

1316; 130 Stat. 1681) of the Water Resources Development Act of 

1999 (WRDA 1999), for water, wastewater, environmental restoraVerDate Sep 11 2014 07:16 Jul 15, 2018 Jkt 079010 PO 00000 Frm 00035 Fmt 6659 Sfmt 6602 E:\HR\OC\SR294.XXX SR294

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tion 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 

Section 3307 mandates that the Secretary carry out a program 

for projects located in disadvantaged communities or with populations under 100,000 where there may be contamination in the 

drinking water supply and where the local government is requesting assistance in the testing and treatment of water wells. Eligible 

projects must be in reasonable proximity to an active military base, 

a formerly used defense site undergoing environmental remediation, or any industrial site. This section authorizes $50 million, to 

remain available until expended, to carry out this section. 

It is the Committee’s intent for this provision to be interpreted 

to include contaminants and pollutants that are hazardous or potentially hazardous to human health, even if those contaminants 

are not currently regulated. The Committee also intends for this 

provision to be applied broadly to situations where contamination 

enters the drinking water supply through various means such as 

ditches, tunnels, conduits or other means, regardless of the type of 

industrial site, whether it is military, commercial or agricultural. 

Finally, it is the Committee’s intent that the type of industrial site 

eligible for assistance under this section to be interpreted broadly 

to include any commercial activity. 

SUBTITLE E—SEDIMENT MANAGEMENT

Sec. 3401. Missouri River reservoir sediment management 

Section 3401 amends section 1179(a) of WIIN 2016 (130 Stat. 

1675) to require the Secretary of Interior and the Secretary to 

prioritize funds for multi-state sediment management plans. The 

language makes clear that the BOR shall participate in this sediment management pilot program. 

The Committee recognizes the importance of water storage capacity to rural and western communities. Federal reservoirs have 

gradually seen a reduction in water storage capacity associated 

with sediment buildup to the detriment of farmers, ranchers, and 

rural communities. The Committee directs the Corps to implement 

these sediment removal provisions in an expeditious manner in 

order to restore these reservoirs to their intended storage capacity. 

Sec. 3402. Reservoir sediment 

Section 3402 amends section 215 of WRDA 2000 (33 U.S.C. 

2326c). It makes permanent a pilot program that requires the Secretary, within 180 days of enactment of AWIA 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. 

Section 3402 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 

three years of enactment of AWIA 2018. 


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Sec. 3403. Regional sediment management 

Section 3403 amends section 204 of WRDA 1992 (33 U.S.C. 2326) 

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 Corps and BOR projects. 

SUBTITLE F—FLOOD RISK MANAGEMENT

Sec. 3501. Ice jam prevention and mitigation 

Section 3501 amends section 1150(c) of WIIN 2016 (33 U.S.C. 

701s note; P.L. 114–322) 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 the selection of at least one project on a reservation 

that serves more than one Indian tribe. In addition, projects in the 

Upper Mississippi River Basin are to be given priority under this 

section. 

The Committee is aware of recent ice jam flooding events in the 

United States that have caused significant damage to both homes 

and property in cold weather regions such as the western and 

northeastern United States. This has caused a severe financial burden as a result. Therefore, the Committee directs the Corps to 

prioritize reducing the impact and threat posed by ice jam flooding 

across the country. 

Sec. 3502. Upper Missouri River Basin flood and drought monitoring 

Section 3502 prioritizes funds to section 4003(a) of WRRDA 2014 

(128 Stat. 1311, 130 Stat. 1677) 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, the United States Department of Agriculture’s Natural Resources Conservation Service, the U.S. Geological Survey, and BOR, to carry out activities to improve and support management of Corps projects. This includes soil moisture and 

snowpack monitoring, restoring and maintaining existing snowpack 

monitoring sites, and operating streamflow gauges. 

The Committee understands that section 4003(a) of WRRDA 

2014 has not been implemented due to a lack of appropriated 

funds. However, the Committee emphasizes that the importance of 

such flood and drought monitoring to communities in the Upper 

Missouri River Basin necessitates that the Corps prioritize funding 

for this monitoring in order to protect lives and properties in the 

region. 


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Sec. 3503. Policies that impact flood fight management projects 

within urban areas 

Section 3503 mandates that the Secretary complete a study of 

flooding within urban floodplains within one year of enactment of 

AWIA 2018. Specifically, the study is to examine current Federal 

policy constraints on the Corps’ ability to address urban flooding. 

This 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 

Section 3504 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 in section 1401(2) of WIIN 2016 (130 Stat. 1710). 

Sec. 3505. Fargo-Moorhead Metropolitan Area Diversion Project, 

North Dakota 

Section 3505 states that beginning on the date of enactment of 

AWIA 2018, any property in North Dakota acquired through hazard mitigation assistance (provided under specified statutory authorities) 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. 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. 

SUBTITLE G—RIVER BASINS, WATERSHEDS, AND COASTAL AREAS

Sec. 3601. Long-term flood risk reduction, Upper Missouri River 

Basin, Snake River Basin, and Red River Basin 

Section 3601 amends section 5 of the Flood Control Act of 1941 

(55 Stat. 650, chapter 377; 33 U.S.C. 701n) by adding a new subsection regarding long term flood-risk reduction. It requires the 

Secretary to provide extended emergency assistance (beyond 30 

days) to communities with non-Federal levees that are threatened 

or damaged by floods or storms. Specifically, it requires the Secretary to provide assistance for the operations and maintenance of 

any project constructed under section 5 of the Flood Control Act of 

1941 that becomes permanent due to the extended presence of assistance from the Secretary from the emergency fund for natural 

disaster response preparedness. 

Under the new subsection (f), the Secretary may provide assistance for any period, and a project carried out under the subsection 

is subject to the cost-sharing provisions that would otherwise apply 

to such a project. This authority to provide assistance expires 10 

years after enactment of AWIA 2018. 

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

emergency infrastructure repairs 

Section 3602 expresses the sense of Congress that non-Federal 

entities may provide resources for emergency repairs under section 


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1024 of WRRDA 2014 (33 U.S.C. 2325a), regardless of the cause of 

the emergency. 

Sec. 3603. Sense of Congress on emergency management assistance 

Section 3603 states the sense of Congress that the Secretary may 

provide technical assistance and other support to state emergency 

management agencies to assist in the development of handbooks 

for floodplain managers. These handbooks should include policies 

to help manage the risks of coastal and river flooding. In addition, 

these handbooks should consider coastal protection solutions that 

promote resilience, such as living shorelines, as well as regional 

sediment management. 

Sec. 3604. Great Lakes Fish and Wildlife Restoration Act of 1990 

Section 3604 increases the amount of authorized appropriations 

under the Great Lakes Fish and Wildlife Restoration Act of 1990 

(16 U.S.C. 941g) by 10 percent for each of fiscal years 2019 through 

2021. 

Sec. 3605. Great Lakes Restoration Initiative 

Section 3605 increases the amount of authorized appropriations 

for the Great Lakes Restoration Initiative by an additional $30 million each fiscal year 2019 through 2021. 

Sec. 3606. Great Lakes Coastal Resiliency study 

Section 3606 authorizes the Great Lakes Coastal Resiliency 

study under section 729 of WRDA 1986 (33 U.S.C. 2267a), 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. 

Sec. 3607. Special rule for beach nourishment 

Section 3607 reauthorizes a non-Federal interest to request a 

Corps 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 (33 

U.S.C. 2282d). 

For those projects that will expire in the next five years, the 

Corps is reauthorized to continue nourishment work for an additional six years for each project, 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 

Section 3608 states that for hurricane and storm damage reduction projects with beach nourishment that will expire within five 

years of enactment of AWIA 2018, such projects will remain eligible for nourishment for an additional six years. 


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Sec. 3609. Snake River Basin flood prevention action plan 

Section 3609 requires that the Secretary develop a flood prevention action plan for each state or portion of a state within the 

Snake River Basin as soon as practicable after the enactment of 

AWIA 2018. The plans should be developed in consultation with 

the Commissioner of Reclamation. It further requires that following 

coordination with local stakeholders, a report be submitted within 

180 days of AWIA 2018’s enactment to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on 

these developed flood prevention plans. 

The Committee recognizes that 2017 was a record year for runoff 

in the Upper Snake River Basin, causing communities in the region 

to experience significant flooding. In particular, this included the 

area around Jackson Lake, Wyoming. This spring, runoff predictions were 136 percent above average for the region, which presents further risk of severe flooding. The Committee recognizes 

that landowners and stakeholders have serious concerns for how 

the Corps and the BOR have managed the spring runoff out of 

Jackson Lake and down the Snake River. The Committee seeks assurances that the Corps will work with the BOR to protect these 

communities to minimize flooding in the region. 

Sec. 3610. Authorization of appropriations for Columbia River 

Basin restoration 

Section 3610 amends section 123(d) of the CWA (33 U.S.C. 

1275(d)) by authorizing $5 million for fiscal year 2019 and $30 million for each of fiscal years 2020 and 2021 to carry out Columbia 

River Basin restoration. 

Sec. 3611. Middle Rio Grande peak flow restoration 

Section 3611 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 AWIA 2018 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. 

Sec. 3612. North Atlantic Division report on hurricane barriers and 

harbors of refuge in New England 

Section 3612 requires the Secretary, in consultation with state 

and local experts in the North Atlantic Division of the Corps, to 

submit to Congress a report within one year of enactment of AWIA 

2018. It should examine 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. 


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Sec. 3613. Study on innovative ports for offshore wind development 

Section 3613 requires the Secretary to carry out a study within 

one year of enactment of AWIA 2018 of ports in the Mid-Atlantic 

and New England regions. It should identify barriers to offshore 

wind development, actions needed to facilitate offshore wind development at ports, and recommendations on further research needed 

to improve ports for this technology. 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 of the study. 

Sec. 3614. Report on Corps of Engineers activities 

Section 3614 requires the Corps to submit a report to Congress 

within one year of enactment of AWIA 2018. It should identify ongoing and recently completed Corps work in coastal states, analyzing how that work relates to state-approved coastal plans, and 

make recommendations as to how these state-approved plans can 

be better incorporated into the Corps’ work. 

SUBTITLE H—ENVIRONMENTAL MANAGEMENT

Sec. 3701. Reauthorization of Rio Grande environmental management program 

Section 3701 extends the reauthorization for the Rio Grande environmental management program at $15 million for fiscal years 

2020 and 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 

Section 3702 would amend the Clean Water Act (33 U.S.C. 1269) 

by restating that the Administrator of the Environmental Protection Agency (the EPA Administrator) is to establish an office (the 

Office) near or on the Long Island Sound (Sound) to identify and 

assess vulnerabilities to the Long Island Sound watershed and develop and implement plans and activities to address them. Activities to identify and assess the impacts of sea-level rise and increase 

public education about the watershed would also be authorized. 

Section 3702 would direct the EPA Administrator to coordinate 

the actions of all Federal departments and agencies that address 

water quality in the Long Island Sound and ensure that Federal 

restoration activities in the watershed 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. The President of the United 

States will 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. 

Section 3702 would also reauthorize the Long Island Sound 

Stewardship Act of 2006, the Long Island Sound Grants, and the 

Long Island Sound Stewardship Grants through fiscal year 2021. 


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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 Can ̃ o Martı ́n Pen ̃a ecosystem restoration project 

Section 3703 states the sense of Congress that the Secretary 

should advance the project for ecosystem restoration, Can ̃ o Martı ́n 

Pen ̃a, Puerto Rico. 

SUBTITLE I—TRIBAL PROGRAMS

Sec. 3801. Inflation adjustment of cost-sharing provisions for territories and Indian Tribes 

Section 3801 extends the period in which the Secretary must adjust the $200,000 cost-share waiver ceiling for inflation for all studies and project conducted by non-Federal interests in U.S. territories or by any Indian tribe. This inflation adjustment period was 

last amended by section 1032 of WRRDA 2014 (128 Stat. 1233) to 

end on June 10, 2014, and this section of AWIA 2018 extends that 

period to the date of enactment of AWIA 2018. 

Sec. 3802. Tribal Partnership Program 

Section 3802 increases the authorization of appropriations for the 

Tribal Partnership Program from $10 million to $15 million per 

project. It amends section 203(b)(4) of WRDA 2000 (33 U.S.C. 

2269(b)(4)) so that the Secretary may carry out the design and construction of a water resources development project that will substantially benefit Indian tribes, located primarily within Indian 

country, if the Federal cost of the 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 

Section 3803 adjusts the authorization for the Blackfeet Water 

Rights Settlement. The Blackfeet Water Rights Settlement was enacted as part of WIIN 2016. This section allows the Blackfeet Tribe 

to receive access to funding in a timely manner so that they may 

complete a range of water-related infrastructure projects on Tribal 

lands. 

Sec. 3804. Bonneville Dam, Oregon 

Section 3804 requires that the Secretary, in consultation with 

the Secretary of the Interior, to 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 assistance is required then the Secretary may use all existing authorities to assist Indians displaced 

because of the construction of the dam. 

Sec. 3805. John Day Dam, Oregon 

Section 3805 requires that the Secretary, in consultation with 

the Secretary of the Interior, to examine and assess the degree to 


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which Tribes have been displaced as a result of the construction of 

the John Day Dam in Oregon. Should the Secretary determine that 

based upon the assessment that assistance is required then the 

Secretary may use all existing authorities to assist Indians displaced because of the construction of the dam. 

Sec. 3806. Dalles Dam, Oregon 

Section 3806 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. The plan will include a cost estimate and tentative 

schedule for the construction of the replacement village. Section 

3806 allows the Secretary to acquire land from willing land owners 

in order to carry out the village development plan. 

Sec. 3807. Indian irrigation fund reauthorization 

Section 3807 reauthorizes the Indian Irrigation Fund through 

September 30, 2028, and continues key provisions related to the 

funding and expenditures from the Indian Irrigation Fund through 

fiscal year 2028. 

The Committee recognizes the continuing problem of aging infrastructure on Tribal lands and maintains its commitment to repairing and modernizing these aging tribal irrigation systems to ensure 

the economic viability and sustainability of these communities. 

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

of certain Indian irrigation projects 

Section 3808 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 to submit progress reports to Congress 

about how to address deferred maintenance needs and utilize the 

same prioritization criteria for Indian irrigation funding through 

fiscal year 2028. 

Sec. 3809. Indian dam safety reauthorization 

Section 3809 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 AWIA 

2018. 

Section 3809 also extends the Flood Plain Management Program 

established by the Secretary of Interior by an additional seven 

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. This program shall provide, at the request of an Indian tribe, 

guidance to the Indian tribe relating to best practices for the mitigation and prevention of floods. 


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Sec. 3810. GAO report on Alaska Native village relocation efforts 

due to flooding and erosion threats 

Section 3810 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. 3811. References to Indian tribes 

Section 3811 conforms the definitions of Indian tribe with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 

5304) to allow all recognized tribal entities to participate as a nonFederal sponsor on projects, as well as obtain cost-share waivers 

that are currently available to tribes. It also substitutes a definition that recognizes all tribes and tribal organizations that work on 

behalf of tribes. 

TITLE IV—SENSE OF CONGRESS RELATING TO CERTAIN PROJECTS

Sec. 4001. Sense of Congress relating to certain projects 

Section 4001 states that many projects awaiting Chief’s Reports 

and PACRs are extremely valuable, and thus, the Secretary should 

expeditiously complete these decision documents. 

Section 4001 references the following (17) Chief’s 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; 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. 

Section 4001 also references the following (11) 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; 

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. 

TITLE V—EPA RELATED PROVISIONS

Sec. 5001. Stormwater infrastructure funding task force 

Section 5001 requires that the EPA Administrator establish a 

voluntary stormwater infrastructure funding task force within 180 

days of enactment of AWIA 2018. The taskforce will consist of public, private, and Federal participants to study and develop recVerDate Sep 11 2014 07:16 Jul 15, 2018 Jkt 079010 PO 00000 Frm 00044 Fmt 6659 Sfmt 6602 E:\HR\OC\SR294.XXX SR294

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ommendations to improve the funding and financing of stormwater 

infrastructure. 

Under section 5001, within 18 months after enactment of AWIA 

2018, the EPA Administrator will submit a report to Congress describing the results of the study. 

Sec. 5002. Reauthorization of the Water Infrastructure Finance and 

Innovation Act 

Section 5002 extends through fiscal year 2021 the current annual $100 million authorization (split evenly between EPA and the 

Corps) for the Water Infrastructure Finance and Innovation Act of 

2014 (33 U.S.C. 3912), 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. 

The Committee recognizes the importance of leveraging taxpayer 

dollars in order to deliver critical water infrastructure projects. 

This financial tool maximizes the impact of Federal dollars, allowing for the realization of projects that otherwise might not be built. 

Sec. 5003. Indian reservation drinking water and wastewater pilot 

program 

Section 5003 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 

Section 5004 is the Small and Rural Community and Mediumsized Clean Water Technical Assistance Act. It would authorize appropriations for EPA to provide grants to qualified nonprofit organizations to provide technical assistance to owners and operators of 

small ($15 million/fiscal year) and medium ($10 million/fiscal year) 

wastewater systems to assist in achieving CWA 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). 

Section 5004 would further amend the CWA to authorize states 

to use an additional 2 percent of their annual CW SRF capitalization grant for qualified nonprofit treatment works to provide technical assistance to these communities. 

The Committee recognizes the importance of technical assistance 

for small, rural, and medium water systems. It is the Committee’s 

view that onsite technical assistance, specifically circuit riders, provides the most effective assistance for these communities that are 


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struggling to comply with Federal regulations. The use of remote 

training does not provide these communities with sufficient assistance required for these complicated and system-specific issues. Further, when EPA is deciding what entities should be awarded these 

technical assistance grants, considerable weight should be given to 

the preferences of those communities receiving the assistance. 

Sec. 5005. Clean, safe, reliable water infrastructure 

Section 5005 expands authorized activities under the SDWA SRF 

provisions to authorize states to use up to 10 percent of their 

Drinking Water SRF capitalization grant to implement source 

water protection plans. 

Section 5005 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. 

Section 5005 further amends SDWA to establish at EPA the voluntary WaterSense program, which identifies and promotes water 

efficient products through voluntary labeling. This section amends 

section 221 of the CWA to authorize to be appropriated for sewer 

overflow control grants $225 million for fiscal years 2019 and 2020, 

and to make stormwater management measures eligible for such 

grants. 

Sec. 5006. Water infrastructure flexibility 

Section 5006 provides the opportunity for municipalities to develop integrated plans for wastewater and stormwater management, and to assist communities in meeting municipal discharge 

requirements under the CWA. 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. 

Section 5006 establishes within EPA an Office of the Municipal 

Ombudsman that provides related technical assistance to municipalities. 

Finally, section 5006 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 

Section 5007 amends the Water Resources Research Act of 1984 

(42 U.S.C. 10301). 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. 

Section 5007 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. 10303(c) for the preVerDate Sep 11 2014 07:16 Jul 15, 2018 Jkt 079010 PO 00000 Frm 00046 Fmt 6659 Sfmt 6602 E:\HR\OC\SR294.XXX SR294

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ceding fiscal year. Based on an evaluation (also every three years) 

of the quality and effectiveness of the research of each institute receiving grants, the Secretary may prohibit further funding. This section authorizes $9 million for each of fiscal years 2019 

through 2021. 

Sec. 5008. Study on intractable water systems 

Section 5008 defines ‘‘intractable water system’’ for use under 

section 1459c of the SDWA (42 U.S.C. 300j). It also requires that 

within two years of enactment of this section of AWIA 2018, 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. 

Sec. 5009. National onsite wastewater recycling 

Section 5009 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. 

Section 5009 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 

information to local government and nonprofit organizations seeking Federal funds for wastewater systems. 

Section 5009 amends the CWA (33 U.S.C. 1251 et seq.). It requires states, when providing assistance from CW SRFs for a 

wastewater system project serving a population less than or equal 

to 2,500, to 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. 

Section 5009 also requires the EPA Administrator to submit a report to Congress describing the amount of financial assistance provided by CW SRFs to deploy decentralized wastewater recycling 

technologies. This report shall also review the barriers affecting 

greater use of decentralized wastewater recycling technologies, the 

cost-saving potential to communities and future infrastructure 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 one year after enactment of AWIA 2018, and at least once every three years thereafter. 

Sec. 5010. Water infrastructure and workforce investment 

Section 5010 expresses that it is the sense of Congress that 

water and wastewater utilities provide a unique opportunity for access to stable, high-quality careers. This section also establishes a 

competitive grant program to promote the development of innovative activities relating to workforce development in the water utility sector. 


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Sec. 5011. Sense of Congress relating to State revolving funds 

Section 5011 states the sense of Congress that Congress should 

provide robust funding of capitalization grants to States to fund 

SDWA SRFs established under section 1452 of the SDWA (42 

U.S.C. 300j–12) and the CWA SRFs established under title VI of 

the CWA (33 U.S.C. 1381 et seq.). 

Sec. 5012. GAO study on WIFIA projects in small communities, 

rural communities, disadvantaged communities, and Tribal 

communities 

Section 5012 directs the Comptroller General to both conduct a 

study and submit a report to Congress within one year of enactment of AWIA 2018, regarding how to create flexibility under 

WIFIA (33 U.S.C. 3901 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 

Section 5013 amends section 1452 of the SDWA (42 U.S.C. 300j– 

12(a)(3)(A)) to prohibit that SRFs to 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 

only to fiscal year 2017. 

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

Section 5014 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. This section also encourages water 

users to continue implementing and incentivizing nonpotable water 

reuse programs that will achieve greater water savings and conservation needs. 

Sec. 5015. Innovative financing for State loan funds 

Section 5015 establishes the Securing Required Funding for 

Water Infrastructure Now (SRF WIN) program authorizing financial assistance to those applying with state loan funds for financing 

to carry out water and wastewater infrastructure projects. It provides specific selection criteria, expedites the evaluation of applications, and authorizes $100 million for each fiscal year 2019 and 

2020 to carry out the program. Finally, this provision is authorized 

for two years. 

Sec. 5016. Water infrastructure resiliency and sustainability 

Section 5016 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 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, operVerDate Sep 11 2014 07:16 Jul 15, 2018 Jkt 079010 PO 00000 Frm 00048 Fmt 6659 Sfmt 6602 E:\HR\OC\SR294.XXX SR294

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ation, or maintenance of such a program or project through specified uses. 

Section 5016 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. 

Section 5016 provides for the prioritization and diversification of 

grants awarded in each fiscal year, as well as establishes the Federal share of the cost of the program at a maximum of 75 percent 

of a program or project. A report must be submitted to Congress 

within three years of enactment of AWIA 2018 regarding not only 

the progress in carrying out this section, but also information on 

project applications received and funded annually. Section 5016 authorizes $12.5 million to carry out this section for each of fiscal 

years 2019 and 2020. 

Sec. 5017. Regional liaisons for minority, Tribal, and low-income 

communities 

Section 5017 requires the EPA Administrator to appoint at least 

one employee in each of the EPA regional offices to serve as a liaison to minority, Tribal, and low-income communities, and to publically identify each regional liaison on specified agency websites. 

LEGISLATIVE HISTORY

S. 2800, America’s Water Infrastructure Act of 2018, was introduced by Senators Barrasso, Carper, Inhofe, and Cardin on May 8, 

2018. The bill was referred to the Committee on Environment and 

Public Works. The bill was subsequently cosponsored by Senators 

Boozman, Van Hollen, Capito, Wicker, Whitehouse, and Sullivan. 

The Committee ordered S. 2800 favorably reported with an amendment in the nature of a substitute on May 22, 2018. 

HEARINGS

The Committee held four hearings this Congress on issues addressed in America’s Water Infrastructure Act of 2018. 

On January 10, 2018, Full Committee Hearing entitled, ‘‘America’s Water Infrastructure Needs and Challenges.’’ 

On January 17, 2018, Full Committee Hearing entitled, ‘‘America’s Water Infrastructure Needs and Challenges: Federal Panel.’’ 

On May 9, 2018, Full Committee Hearing entitled, ‘‘Legislative 

Hearing on S. 2800, America’s Water Infrastructure Act of 2018.’’ 

On May 17, 2018, Full Committee Hearing entitled, ‘‘Legislative 

Hearing on S. 2800, America’s Water Infrastructure Act of 2018: 

Federal panel.’’ 

ROLLCALL VOTES

The Committee on Environment and Public Works met to consider S. 2800 on May 22, 2018. The bill, with an amendment in the 

nature of a substitute, was ordered to be reported favorably by a 

rollcall vote of 21 to 0. 


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Amendments approved 

The following amendments to the amendment in the nature of a 

substitute to S. 2800 were approved en bloc by voice vote: 

Duckworth #1—An amendment making technical corrections to 

33 U.S.C. § 2225 to facilitate the transfer of existing credits from 

a non-Federal sponsor of a Section 211 flood control project to another government entity, pending the approval of the Secretary (approved by voice vote). 

Sullivan #1—An 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 non-Federal sponsors on projects, and to be eligible for cost-share waivers 

currently available to tribes (approved by voice vote). 

Markey #1—An amendment to require the EPA to appoint a 

minimum of one employee in each regional office to serve as a liaison to minority, tribal, and low-income communities, and to publicly identify each liaison on the agency’s website (approved by 

voice vote). 

Whitehouse #3—An amendment to require the Corps to submit 

a report to Congress identifying ongoing and recently completed 

projects in coastal states, including analyzing how those projects 

correspond to state-approved coastal plans and making recommendations for how the Corps can better incorporate state-approved coastal plans into its work (approved by voice vote). 

Final Committee vote to report 

An amendment in the nature of a substitute, as amended by 

Duckworth #1, Sullivan #1, Markey #1, and Whitehouse #3, was 

approved, and S. 2800, with the amendment in the nature of a substitute, was ordered to be reported favorably, by a rollcall vote of 

21 to 0 (Senators Booker, Boozman, Capito, Cardin, Carper, 

Duckworth, Ernst, Fischer, Gillibrand, Inhofe, Markey, Merkley, 

Moran, Rounds, Sanders, Shelby, Sullivan, Van Hollen, Whitehouse, Wicker, and Barrasso voted aye). 

REGULATORY IMPACT STATEMENT

In compliance with section 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee finds that S. 2800 does not create any additional regulatory burdens, nor will it cause any adverse impact on the personal privacy of individuals. 

MANDATES ASSESSMENT

In compliance with the Unfunded Mandates Reform Act of 1995 

(P.L. 104–4), the Committee notes that the Congressional Budget 

Office found that S. 2800 contains no intergovernmental or privatesector mandates as defined in the UMRA and would impose no 

costs on state, local, or tribal governments. 

COST OF LEGISLATION

Section 403 of the Congressional Budget and Impoundment Control Act requires that a statement of the cost of the reported bill, 

prepared by the Congressional Budget Office, be included in the report. That statement follows: 


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U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, June 28, 2018. 

Hon. JOHN BARRASSO, 

Chairman, Committee on Environment and Public Works, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 2800, the America’s Water 

Infrastructure Act of 2018. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Aurora Swanson. 

Sincerely, 

KEITH HALL, 

Director. 

Enclosure. 

S. 2800—America’s Water Infrastructure Act of 2018 

Summary: S. 2800 would authorize the U.S. Army Corps of Engineers (Corps) to construct projects to improve navigation and flood 

management, to mitigate storm and hurricane damages, and to restore aquatic ecosystems. The bill also would authorize the Bureau 

of Indian Affairs (BIA) to address deferred maintenance of Indian 

dams and irrigation systems. Other provisions in the bill would authorize the Federal Emergency Management Agency (FEMA) to assist state and local governments with mitigating flood risks from 

aging dams and levees. Finally, the bill would authorize the Environmental Protection Agency (EPA) to provide grants and loans to 

state and local governments, public water systems, and other entities to support a wide range of water infrastructure projects and 

programs to improve water quality. CBO estimates that implementing S. 2800 would cost about $4.5 billion over the next five 

years and $6.9 billion over the 2019–2028 period, assuming appropriation of authorized and necessary amounts. 

In addition, CBO estimates that enacting S. 2800 would increase 

direct spending by $0.4 billion over the 2019–2028 period. The staff 

of the Joint Committee on Taxation (JCT) estimate that enacting 

the bill would reduce revenues by $2.6 billion over the 2019–2028 

period. Because enacting the bill would affect direct spending and 

revenues, pay-as-you-go procedures apply. 

CBO estimates that enacting S. 2800 would not increase net direct spending or on-budget deficits by more than $5 billion in any 

of the four consecutive 10-year periods beginning in 2029. 

S. 2800 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

Estimated cost to the Federal Government: The estimated budgetary effect of S. 2800 is shown in the following table. The costs 

of the legislation fall within budget function 300 (natural resources 

and environment). 


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Table 1.—ESTIMATED BUDGETARY EFFECTS OF S. 2800, THE AMERICA’S WATER INFRASTRUCTURE ACT OF 2018 

By fiscal year, in millions of dollars— 

2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2019–2023 2019–2028 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level .................................................................................. 1,051 1,560 1,305 575 573 550 538 467 429 433 5,064 7,481 Estimated Outlays .................................................................................................... 493 985 1,247 909 816 532 525 494 453 432 4,450 6,886 

INCREASES IN DIRECT SPENDING 

Estimated Budget Authority ..................................................................................... 4 1 1 1 1 114 120 114 39 1 7 394 Estimated Outlays .................................................................................................... 9 6 6 6 6 119 88 114 39 1 33 394 

DECREASES IN REVENUES 

Estimated Revenues ................................................................................................. ¥12 ¥68 ¥167 ¥262 ¥331 ¥360 ¥359 ¥356 ¥352 ¥348 ¥840 ¥2,615 

NET INCREASE IN DEFICITS FROM CHANGES IN DIRECT SPENDING AND REVENUES 

Estimated Effect on the Deficit ............................................................................... 21 74 173 268 337 479 447 470 391 349 873 3,009 

Amounts may not sum to totals because of rounding; The estimate does not include changes in the timing of discretionary spending from implementing section 3803. The provision would make a portion of funds authorized to be appropriated for the Blackfeet Water Rights Settlement available to tribes earlier than under current law. The provision would not affect authorization levels but it would authorize more discretionary spending earlier in the period and less in later years. Those effects on spending would net to zero over 

10 years. The direct spending effects of section 3803 are described under the heading ‘‘Blackfeet Water Rights Settlement’’. 


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Basis of estimate: For this estimate, CBO assumes that S. 2800 

will be enacted near the end of 2018 and that the authorized and 

necessary amounts will be appropriated for each fiscal year. Estimates of amounts necessary to implement the bill are based on information from the Corps, EPA, and other agencies; estimated outlays are based on historical spending patterns for similar projects 

and programs. Major components of the estimated costs are described below. 

Spending Subject to Appropriation 

CBO estimates that S. 2800 would authorize appropriations totaling about $7.5 billion over the 2019–2028 period for water infrastructure projects and studies administered by the Corps, FEMA, 

and BIA. We estimate that implementing those provisions would 

cost $6.9 billion over the 2018–2028 period, assuming appropriation 

of the necessary amounts. 

Table 2.—ESTIMATED EFFECTS ON SPENDING SUBJECT TO APPROPRIATION OF S. 2800, THE 

AMERICA’S WATER INFRASTRUCTURE ACT OF 2018 

By fiscal year, in millions of dollars— 

2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2019– 

2023 

2019– 

2028 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

EPA Assistance for Water Infrastructure and Conservation Programs: 

Authorization Level ..................... 773 928 619 0 0 0 0 0 0 0 2,319 2,319 

Estimated Outlays ...................... 364 602 711 377 266 0 0 0 0 0 2,319 2,319 

Corps—Water Resources Infrastructure: 

Estimated Authorization Level .... 17 161 194 268 270 260 263 191 183 187 911 1,994 

Estimated Outlays ...................... 7 70 128 191 234 245 250 221 196 185 630 1,727 

Continuing Authorities and Other Programs: 

Authorization Level ..................... 163 288 313 198 198 163 153 153 153 153 1,158 1,930 

Estimated Outlays ...................... 66 194 262 209 197 168 155 150 147 146 928 1,694 

Dam and Levee Safety: 

Authorization Level ..................... 30 123 123 30 30 30 30 30 0 0 336 426 

Estimated Outlays ...................... 12 57 89 71 51 39 32 30 17 8 280 405 

Indian Irrigation and Dam Safety: 

Estimated Authorization Level .... 0 0 0 35 36 69 70 70 71 71 71 422 

Estimated Outlays ...................... 0 0 0 18 27 51 62 69 71 71 45 367 

Studies and Other Provisions: 

Estimated Authorization Level .... 68 61 57 44 39 29 23 23 23 23 269 390 

Estimated Outlays ...................... 45 62 57 44 40 29 26 24 23 23 248 374 

Total Costs: 

Estimated Authorization 

Level .............................. 1,051 1,560 1,305 575 573 550 538 467 429 433 5,064 7,481 

Estimated Outlays ............. 493 985 1,247 909 816 532 525 494 453 432 4,450 6,886 

Amounts may not sum to totals because of rounding. 

EPA = Environmental Protection Agency 

Corps = U.S. Army Corps of Engineers 

EPA Assistance for Water Infrastructure and Conservation Programs. The bill would authorize the appropriation of $2.3 billion 

over the 2019–2021 period for EPA to provide assistance for water 

infrastructure and conservation programs. CBO estimates that implementing title V and certain conservation programs in title III 

would cost about $2.3 billion over the 2019–2028 period. The authorizations include the following amounts: 

• $1.1 billion for EPA to support the Great Lakes Restoration Initiative; 


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• $450 million for EPA to make grants to help municipalities 

address the cost of controlling sewer overflows and stormwater 

discharges; • $200 million for EPA and the Corps to subsidize loans to 

eligible entities under the Water Infrastructure Finance and 

Innovation Act program (WIFIA) for water infrastructure 

projects; • $200 million for EPA to subsidize loans to State Revolving 

Funds for states to support clean water and drinking water 

projects; • $195 for EPA to make grants for research, conservation, 

and management of Long Island Sound; • $75 million for EPA to provide technical assistance grants 

to small and medium water treatment works; • $65 million for EPA to make grants to support conservation and ecological restoration activities in the Columbia River 

Basin; • $27 million for the U.S. Geological Survey to support research at state institutes on the nation’s water resources; • $25 million for EPA to make grants to water systems for 

the purpose of increasing the resiliency and adaptability of 

those systems to future changes in hydrologic conditions; and • $2 million for the EPA to make grants to promote workforce development in the water utility sector. 

Corps—Water Resources Infrastructure. After accounting for anticipated inflation, CBO estimates that implementing provisions of 

the bill that would authorize the Corps to construct and modify 

water infrastructure projects would cost about $1.7 billion over the 

2019–2028 period. Those provisions would authorize the Corps to 

construct six new projects and would modify the existing authorization of six other projects aimed at mitigating hurricane and storm 

damage, strengthening flood-risk management, improving the nation’s navigation system, restoring the environment, and providing 

assistance for water recycling and water treatment projects. Using 

information from the Corps, CBO estimates that the total cost to 

complete those projects would be $4.6 billion. S. 2800 would authorize the appropriation of $3 billion to cover the federal share of 

those costs and nonfederal entities would be responsible for the remaining estimated cost of $1.6 billion. 

The estimated cost of the largest project authorized by S. 2800 

totals $3.3 billion; the federal share would total about $2.2 billion. 

That project aims to address erosion along the coast in Galveston, 

Texas, and restore ecosystems including wetlands and marshes to 

enhance protection from storm surge in the area that was damaged 

by Hurricane Harvey. The estimated cost for the other projects authorized by the bill total $1.3 billion; the federal share of those 

projects totals about $0.8 billion. 

Assuming appropriation of the necessary amounts, CBO estimates that spending on the project to restore the Texas coast in 

Galveston would total about $940 million over the 2019–2028 period. CBO estimates that spending for the other five projects and 

six modifications would total about $790 million over the next 10 

years. 

To estimate the speed that funds appropriated for those projects 

would be spent, CBO used information from the Corps about when 


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construction for each project could begin, how long it would take 

to complete, and what funding would be necessary to complete it 

over the anticipated construction period. For this estimate, CBO 

assumed that those projects with greater benefit to cost ratios 

would be prioritized for funding. Information on cost benefit ratios 

was provided to CBO by the Corps. CBO also analyzed the historical spending patterns of similar projects. Because of their size and 

complexity some large Corps projects can take several years to 

commence and more than 10 years to complete. CBO estimates 

that the federal share of the projects and project modifications authorized by this title would require the appropriation of about $2 

billion over the 2019–2028 period; the remainder of the federal 

share to complete the projects would be needed after 2028. 

Finally, the bill would withdraw the authorization for six projects 

that were originally authorized more than 60 years ago and are no 

longer viable. Information from the Corps indicates that no additional construction is planned for those projects; therefore, CBO expects that deauthorizing them would have no budgetary effect. 

Continuing Authorities and Other Programs. CBO estimates that implementing the following provisions would cost about $1.7 billion 

over the 2019–2028 period. The legislation would authorize the appropriation of the following amounts for continuing authorities and 

other programs. Some of the authorizations are annual amounts 

while others are a one-time authorization that would spend over 

several years. • $40 million a year to establish watercraft inspection stations and to operate and maintain existing stations to prevent 

the spread of aquatic invasive species; • $27.5 million a year to carry out small flood control 

projects, including constructing levees and modifying channels 

to protect communities; • $20 million a year to modify existing Corps projects to improve aquatic habitats, estuaries and rivers; • $200 million, in total, to expand a program for nonfederal 

sponsors to advance funds to conduct studies and construct federal flood control and water resources projects, and to reauthorize a pilot program to for nonfederal sponsors to carry out 

feasibility studies and to construct federal water resources 

projects; 

• $15 million a year to mitigate storm and hurricane damage by constructing projects to control shoreline erosion and to 

restore beaches; 

• $12.5 million a year to improve the navigation of small rivers and harbors; 

• $12.5 million a year to carry out projects to use regional 

sediment to protect and restore aquatic habitats, wetlands, and 

property from storm damage; 

• $12.5 million a year to restore aquatic ecosystems to protect fish and wildlife; 

• $125 million, in total, for the Corps to purchase and install 

infrastructure in the Mississippi River channel to protect the 

riverbank from erosion, to maintain navigation, and to protect 

the community; 

• $80 million, in total, to reauthorize the Rio Grande program for environmental management and for the Corps to 


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carry out a program for groundwater and well water testing in 

disadvantaged communities; • $75 million, in total, for the Corps to establish a demonstration program along the mid-Atlantic Coast to construct 

beach nourishment and shoreline protection projects; and • $5 million a year to construct and repair shoreline and 

streambank structures to protect public infrastructure. 

Dam and Levee Safety. Using information provided by the Corps 

and FEMA, CBO estimates that implementing provisions in S. 

2800 addressing dam and levee safety would cost $405 million over 

the 2019–2028 period. 

Indian Irrigation and Dam Safety. CBO estimates that implementing provisions of the bill related to programs that rehabilitate 

and maintain Indian irrigation projects and dams would cost $367 

million over the 2019–2028 period. S. 2800 would authorize the Treasury to transfer $35 million 

each year into the Indian Irrigation Fund until 2028. Under current law, the authority to make annual transfers into the fund expires in 2021. Those annual deposits, and interest credited to the 

unspent balances in the fund would be authorized to be appropriated for maintaining Indian irrigation projects operated by BIA 

in the western United States. According to the BIA, the agency operates 17 Indian irrigation projects that would be eligible to receive 

appropriated funds under the bill. According to BIA, the total cost 

to complete the deferred maintenance for all those projects is about 

$600 million. Based on historical spending patterns for similar 

projects, CBO estimates that implementing those provisions would 

cost $225 million over the 2019–2028 period. The bill also would authorize the Treasury to transfer $33 million each year into other Treasury funds for dam safety until 2028. 

Under current law, the authority to make annual transfers into 

those funds expires in 2023. Those annual deposits, and the interest credited to the unspent balances in those funds would be authorized to be appropriated for repairing, replacing and maintaining Indian Dams. Based on historical spending patterns for similar 

projects, CBO estimates that implementing those provisions would 

cost $142 million over the 2019–2028 period. 

Studies and Other Provisions. Using information provided by the 

Corps and EPA, CBO estimates that implementing the provisions 

described below would cost $374 million over the 2019–2028 period. 

Those provisions would: 

• Authorize the Corps to conduct 18 feasibility studies for 

projects to reduce risks stemming from floods, to restore ecosystems, and to improve navigation; 

• Direct the Corps to assist Indian Communities displaced 

by federal dams; 

• Direct the Corps to prepare an annual work plan and 

budget for the current year and the next four years for the 

headquarters and districts; 

• Direct the Corps to prepare feasibility reports for implementing a federal cost of 50 percent or higher for projects in 

areas affected by storm damage that remain at risk from future storms; 

• Direct the Corps to assist Indian Communities displaced 

by federal dams; 


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• Expand a program to prevent flooding caused by ice jams; 

and • Require EPA to promote green infrastructure, to provide 

technical assistance to municipalities seeking to comply with 

the Clean Water Act, and require EPA to update financial 

guidance that municipalities use when measuring the capability of households to pay for future water infrastructure investments. 

Direct Spending 

Using information provided by the Corps and BIA, CBO estimates that enacting S. 2800 would increase direct spending by 

$394 million over the 2019–2028 period (see Table 3). 

Nonfederal Reimbursements for Constructed Projects. S. 2800 

would direct the Corps to either reimburse nonfederal sponsors or 

credit them for unreimbursed expenses for completed construction 

projects. Such credits could be used in lieu of cash to make operation and maintenance payments otherwise owed to the federal 

government or for a nonfederal sponsor’s cost-share requirement 

for another project. Under current law, nonfederal sponsors have 

undertaken six projects using agreements that allow but do not require the federal government to reimburse the nonfederal sponsor 

for any portion of the project’s costs. Under the bill, the government would be required to reimburse or credit such amounts to the 

nonfederal sponsor upon request. Nonfederal sponsors that have 

provided funding to the Corps to construct a federal water project 

would benefit under the bill. CBO used information from the Corps 

to identify six nonfederal sponsors that would be eligible to seek reimbursement (in cash or credit) from the government for a total of 

$755 million. 


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Table 3.—ESTIMATED EFFECT ON DIRECT SPENDING AND REVENUES OF S. 2800, THE AMERICA’S WATER INFRASTRUCTURE ACT OF 2018 

By fiscal year, in millions of dollars— 

2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2019– 2023 2019– 2028 

INCREASES IN DIRECT SPENDING 

Nonfederal Reimbursements for Constructed Projects: 

Estimated Budget Authority ................................................................................................ 0 0 0 0 0 113 113 113 38 0 0 378 Estimated Outlays ............................................................................................................... 0 0 0 0 0 113 113 113 38 0 0 378 

Blackfeet Water Rights Settlement: 

Estimated Budget Authority ................................................................................................ 0 0 0 0 0 0 0 0 0 0 0 0 Estimated Outlays ............................................................................................................... 5 5 5 5 5 5 ¥32 0 0 0 27 0 

Credit for the Kissimmee River Restoration: 

Estimated Budget Authority ................................................................................................ 0 0 0 0 0 0 6 0 0 0 0 6 Estimated Outlays ............................................................................................................... 0 0 0 0 0 0 6 0 0 0 0 6 

Other Provisions: 

Estimated Budget Authority ................................................................................................ 4 1 1 1 1 1 1 1 1 1 7 11 Estimated Outlays ............................................................................................................... 4 1 1 1 1 1 1 1 1 1 7 11 Total Costs: 

Estimated Budget Authority ....................................................................................... 4 1 1 1 1 114 120 114 39 1 7 394 Estimated Outlays ...................................................................................................... 9 6 6 6 6 119 88 114 39 1 33 394 

DECREASES IN REVENUES 

Estimated Revenues ..................................................................................................................... ¥12 ¥68 ¥167 ¥262 ¥331 ¥360 ¥359 ¥356 ¥352 ¥348 ¥840 ¥2,615 

NET INCREASE IN DEFICITS FROM CHANGES IN DIRECT SPENDING AND REVENUES 

Estimated Effect on the Deficit ................................................................................................... 21 74 173 268 337 479 447 470 391 349 873 3,009 

Amounts may not sum to totals because of rounding. 


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1Section 1005 would entitle nonfederal sponsors that have built Corps projects to reimbursement of those costs with cash or credits. CBO cannot predict if appropriations will be provided 

in future years to make those reimbursements. Nor can CBO predict if nonfederal sponsors 

might pursue claims against the government and prevail. The availability and use of credits 

from the Corps to nonfederal sponsors is also unknown. CBO endeavors to develop estimates 

that are in the middle of the distribution of potential budgetary outcomes. In cases where there 

is no clear information on precedents, CBO has adopted a convention of assuming a 50 percent 

chance of a particular outcome. In this case, CBO assumes that half of the reimbursement total 

of $755 million would be incurred in the first 10 years after enactment. CBO takes this approach in uncertain situations for the purpose of informing the Congress about the potential 

costs of legislation. 

Under current law, the amount authorized to be appropriated for 

reimbursements to nonfederal sponsors is limited to $100 million 

annually. Competition for those funds makes it unlikely that all six 

nonfederal sponsors would be fully reimbursed within the next several years. CBO expects that nonfederal sponsors who are not fully 

reimbursed promptly could sue the government for those amounts 

after the bill is enacted. CBO expects it could take about three to 

five years to litigate those claims, and the outcome of such litigation is uncertain. Any award for successful claims would probably 

be paid from the Judgement Fund (a permanent, indefinite appropriation for claims and judgements against the United States). 

CBO has insufficient information to determine which nonfederal 

sponsors would seek cash reimbursements and when they would receive payments or use credits for payments owed to the federal government. Because of that uncertainty CBO assumes that about half 

of the costs would be incurred after 2028. CBO estimates that the 

other half would be paid out under the bill sometime before 2028 

and would thus increase direct spending by $378 million over the 

2019–2028 period.1

Blackfeet Water Rights Settlement. S. 2800 would allow the 

Blackfeet Tribe to access funds appropriated for the Blackfeet 

Water Settlement earlier than under current law. So far, $37 million has been appropriated for the settlement and the tribe can 

only spend $5.3 million of that amount. Under the bill, the tribe 

would be able to spend the remaining $32 million immediately. 

Under current law those amounts would be unavailable until 2025. 

CBO estimates implementing the provision would increase direct 

spending over the 2019–2023 period and reduce direct spending 

over the 2024–2028 period. There would be no net budgetary effect 

over the 2019–2028 period. 

Credit for the Kissimmee River Restoration. The construction 

phase of the Kissimmee River Restoration Project in Florida is 

nearly complete and the Corps anticipates that the final accounting 

for the federal and nonfederal shares of the project’s cost will occur 

in about five years. The Corps has previously determined that certain in-kind contributions provided by the local sponsor of the 

project would not be used as a qualifying credit toward the portion 

of the local cost share. S. 2800 would reverse that decision and reduce any cash settlement that would be required by the local sponsor to reconcile the nonfederal account. The Corps would be required to credit the nonfederal sponsor for the Kissimmee River 

Restoration Project for those in-kind contributions, (which total $6 

million. CBO expects that those lost receipts which would be accounted for as a reduction in direct spending) would be recognized 

in 2025. 


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Other Provisions. Additional increases in direct spending would arise from provisions that would reduce offsetting receipts by $11 

million over the 2019–2028 period. Those provisions would: • Authorize the Corps to enter into agreements with private 

entities to manage recreation facilities and to collect and expend funds, that would be deposited into the Treasury under 

current law, to operate and maintain those sites; • Reduce the amounts owed to the federal government for a 

project in Saint Paul, Alaska, from 35 percent of the project’s 

costs to 10 percent; and • Eliminate the amounts owed to the federal government for 

certain feasibility studies for aquatic ecosystem restoration. 

Revenues 

JCT expects that some of the funds authorized to be appropriated 

in S. 2800 for loans to State Revolving Funds and eligible entities 

under the WIFIA program would be used by state and local governments to leverage additional funds by issuing tax-exempt bonds. 

JCT estimates that the issuance of additional tax-exempt bonds 

would reduce federal revenues by about $2.6 billion over the 2019– 

2028 period. 

Uncertainty: The amount of federal spending on the projects authorized in S. 2800 over the next 10 years is uncertain and depends 

on when these large and complex projects would be started and 

how long it would take to complete them. Specifically, factors affecting uncertainty include when funds would be appropriated for 

each authorized projects and the possibility of unforeseen events 

such as natural disasters and changing circumstances of the nonfederal sponsors. CBO used historical data as well as information 

from the agencies to make judgments about when projects would 

be undertaken, how long they would take to complete, and what 

the resulting impacts on the federal budget would be. Actual 

spending could be higher or lower than those estimates. 

CBO’s estimates of federal spending for S. 2800 are also uncertain because the effect of a provision that would require certain 

nonfederal project sponsors to be reimbursed is unclear and would 

depend on future decisions made by those nonfederal sponsors. 

CBO used a probabilistic approach to estimate the federal costs 

that would result from enacting those provisions to reflect the uncertain outcome of potential litigation and the possible budget impacts of such outcomes on the federal budget. See page 10 for more 

information on this provision. 

Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget-reporting and enforcement procedures 

for legislation affecting direct spending or revenues. The net 

changes in outlays and revenues that are subject to those pay-asyou-go procedures are shown in the following table. 


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CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 2800 AS ORDERED REPORTED BY THE SENATE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ON MAY 22, 

2018 

By fiscal year, in millions of dollars— 

2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2018– 2023 2018– 2028 

NET INCREASE IN THE DEFICIT 

Statutory Pay-As-You-Go Impact ..................................................................................... 0 21 74 173 268 337 479 447 470 391 349 873 3,009 Memorandum: 

Change in Outlays .................................................................................................. 0 9 6 6 6 6 119 88 114 39 1 33 394 Change in Revenues ............................................................................................... 0 ¥12 ¥68 ¥167 ¥262 ¥331 ¥360 ¥359 ¥356 ¥352 ¥348 ¥840 ¥2,615 

Sources: Congressional Budget Office and the staff of the Joint Committee on Taxation. 


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Increase in long-term direct spending and deficits: CBO estimates that enacting S. 2800 would not increase direct spending or 

deficits by more than $5 billion in any of the four consecutive 10- 

year periods beginning in 2029. 

Mandates: S. 2800 contains no intergovernmental or private-sector mandates as defined in UMRA. 

Previous CBO Estimate: On June 4, 2018, CBO transmitted a 

cost estimate for H.R. 8 as reported by the House Committee on 

Transportation and Infrastructure on June 1, 2018. H.R. 8 authorized the Corps to construct many of the same water resources infrastructure projects that also would be authorized in S. 2800. For 

projects common to both pieces of legislation, CBO’s estimated costs 

are the same. 

S. 2800 also would reauthorize loan and grant programs administered by the EPA to support clean drinking water projects and 

other EPA provisions that were not included in H.R. 8. 

Estimate prepared by: Federal costs: Aurora Swanson and Jon 

Sperl; Mandates: Jon Sperl. 

Estimate reviewed by: Kim P. Cawley, Chief, Natural and Physical Resources Cost Estimates Unit; H. Samuel Papenfuss, Deputy 

Assistant Director for Budget Analysis; Theresa Gullo, Assistant 

Director for Budget Analysis. 

CHANGES IN EXISTING LAW

In compliance with section 12 of rule XXVI of the Standing Rules 

of the Senate, changes in existing law made by the bill as reported 

are shown as follows: Existing law proposed to be omitted is enclosed in øblack brackets¿, new matter is printed in italic, existing 

law in which no change is proposed is shown in roman: 

* * * * * * * 

WATER RESOURCES DEVELOPMENT ACT OF 1976 

* * * * * * * 

SEC. 156. ø42 U.S.C. 1962d–5f¿ 

(a) IN GENERAL.— * * * 

* * * * * * * 

(e) SPECIAL RULE.—Notwithstanding any other provision of this 

section, for any existing authorized water resources development 

project for which the maximum period for nourishment described 

in subsection (a) will expire within the 5 year-period beginning on 

øthe date of enactment of the Water Resources Reform and Development Act of 2014¿ or within the 5-year period beginning on the 

date of enactment of the America’s Water Infrastructure Act of 2018 

the date of enactment of the America’s Water Infrastructure Act of 

2018, that project shall remain eligible for nourishment for an additional 6 years after the expiration of such period. 

* * * * * * * 

WATER RESOURCES DEVELOPMENT ACT OF 1986 

* * * * * * * 


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TITLE I—COST SHARING 

SEC. 101. HARBORS. 

(a) CONSTRUCTON.— (1) PAYMENTS DURING CONSTRUCTION.— * * * 

* * * * * * * 

SEC. 105. FEASIBILITY STUDIES; PLANNING, ENGINEERING, AND DESIGN. 

(a) FEASIBILITY STUDIES.— (1) COST SHARING.— (A) IN GENERAL.—øThe Secretary¿ Except as provided in 

subparagraph (F), the Secretary shall not initiate any feasibility study for a water resources project after November 

17, 1986, until appropriate non-Federal interests agree, by 

contract, to contribute 50 percent of the cost of the study. 

(E) IN-KIND CONTRIBUTIONS.— * * * 

* * * * * * * 

(F) COST-SHARE FOR CERTAIN MITIGATION 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— 

(I) not less than 50 percent; and 

(II) not more than 100 percent. 

(ii) FEASIBILITY STUDIES DESCRIBED.—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 of 2018— 

(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. 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 

(II) there is a significant risk for future similar 

events (as determined by the Secretary). 

* * * * * * * 

TITLE II—HARBOR DEVELOPMENT 

SEC. 203. ø33 U.S.C. 2231¿ STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL INTERESTS. 

(a) SUBMISSION TO SECRETARY.— * * * 

* * * * * * * 

(e) TECHNICAL ASSISTANCE.—øAt the request of a non-Federal interest, the Secretary may provide¿ 

(1) IN GENERAL.—On the request of a non-Federal interest, 

the Secretary shall provide to the non-Federal interest technical assistance relating to any aspect of a feasibility study if 


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the non-Federal interest contracts with the Secretary to pay all 

costs of providing such technical assistance. 

(2) SAVINGS PROVISION.—The provision of technical assistance 

by the Secretary under paragraph (1)— 

(A) shall not be considered to be an approval or endorsement of the feasibility study; and 

(B) shall not affect the responsibilities of the Secretary— 

(i) to review the feasibility study for compliance with 

applicable Federal laws (including regulations) under 

subsection (b); and 

(ii) to make recommendations to Congress on the 

plan or design of the project under subsection (c). 

* * * * * * * 

SEC. 204. ø33 U.S.C. 2232¿ CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL INTERESTS. 

(a) WATER RESOURCES DEVELOPMENT PROJECT DEFINED.— * * * 

* * * * * * * 

(b) AUTHORITY.— 

(1) IN GENERAL.— * * * 

* * * * * * * 

(3) NON-FEDERAL CONSTRUCTION.— 

(A) IN GENERAL.—If a non-Federal interest of a water resources development project begins to carry out that water 

resources development project under this section, the nonFederal 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 in 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 non-Federal interest 

in applying for and obtaining the Federal permits described in paragraph (2)(A) to obtain the permits in the 

most expeditious manner practicable. 

* * * * * * * 

TITLE XI—MISCELLANEOUS PROGRAMS AND PROJECTS 

SEC. 1131. DELAWARE RIVER With respect to the navigation project for 

the Delaware River, Philadelphia to the sea, the Secretary- 

(1)shall conduct continuous monitoring of the materials 

being disposed of at the area known as the Penns Grove Disposal Area in Carneys Point, New Jersey; 

* * * * * * * 


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(3)shall not fill such area, or allow such area to be filled, to 

an elevation in excess of øten feet¿ 35 feet; and 

* * * * * * * 

SEC. 1135. PROJECT MODIFICATIONS FOR IMPROVEMENT OF ENVIRONMENT. 

(a) * * * 

* * * * * * * 

(d) NON-FEDERAL SHARE; LIMITATION ON MAXIMUM FEDERAL EX- PENDITURE.—The non-Federal share of the cost of any modifications or measures carried out or undertaken pursuant to subsection 

(b) or (c) shall be 25 percent. The non-Federal share may be provided in kind, including a facility, supply, or service that is necessary to carry out the modification or measure. Not more than 

ø$10,000,000¿ $15,000,000 in Federal funds may be expended on 

any single modification or measure carried out or undertaken pursuant to this section. 

* * * * * * * 

(g) NONPROFIT ENTITIES.— * * * 

* * * * * * * 

(h) PRIORITIZATION OF CERTAIN PROJECTS.—In carrying out activities under this section in the Upper Missouri River Basin, the 

Secretary shall give priority to projects within that area that restore 

degraded ecosystems through modification of existing flood risk 

management projects. 

ø(h)¿ (i) There is authorized to be appropriated not to exceed 

ø$40,000,000¿ $60,000,000 annually to carry out this section. 

ø(i)¿ (j) DEFINITION.—In this section, the term ‘‘water resources 

project constructed by the Secretary’’ includes a water resources 

project constructed or funded jointly by the Secretary and the head 

of any other Federal agency (including the Natural Resources Conservation Service). 

* * * * * * * 

SEC. 1156. ø33 U.S.C. 2310¿ COST SHARING PROVISIONS FOR THE TERRITORIES AND INDIAN TRIBES. 

(a) IN GENERAL.—The Secretary shall waive local cost-sharing re- quirements up to $200,000 for all studies and projects— 

* * * * * * * 

(2) for any Indian tribe ø(as defined in section 102 of the 

Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 

5130)).¿ or tribal organization (as those terms are defined in 

section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)). 

(b) INFLATION ADJUSTMENT.—The Secretary shall adjust the dollar amount specified in subsection (a) for inflation for the period 

beginning on November 17, 1986, and ending on øthe date of enactment of this subsection¿ the date of enactment of the America’s 

Water Infrastructure Act of 2018. 

* * * * * * * 

WATER RESOURCES DEVELOPMENT ACT OF 1992 

* * * * * * * 


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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Water Resources 

Development Act of 1992’’. 

* * * * * * * 

TITLE II—GENERALLY APPLICABLE PROVISIONS 

SEC. 204. REGIONAL SEDIMENT MANAGEMENT. 

(a) IN GENERAL.— ø(1) SEDIMENT USE.— ø(A) SEDIMENT FROM FEDERAL WATER RESOURCES

PROJECTS.—For sediment obtained through or used in the 

construction, operation, or maintenance of an authorized 

Federal water resources project, the Secretary shall develop, at Federal expense, regional sediment management 

plans and carry out projects at locations identified in plans 

developed under this section, or identified jointly by the 

non-Federal interest and the Secretary, for use in the construction, repair, modification, or rehabilitation of projects 

associated with Federal water resources projects for purposes listed in paragraph (3). 

ø(B) SEDIMENT FROM OTHER FEDERAL SOURCES AND NON- FEDERAL SOURCES.—For purposes of projects carried out 

under this section, the Secretary may include sediment 

from other Federal sources and non-Federal sources, subject to the requirement that any sediment obtained from a 

non-Federal source shall not be obtained at Federal expense.¿ 

(1) SEDIMENT USE.—For sediment obtained through the construction, operation, or maintenance of an authorized Federal 

water resources project or a reclamation project, including Federal reservoirs authorized for flood control, the Secretary (in 

consultation with the Commissioner of Reclamation (referred to 

in this section as the ‘Commissioner’)) and, subject to the availability of appropriations, the Commissioner (in consultation 

with the Secretary), as applicable, shall develop, at full Federal 

expense, regional sediment management plans, and carry out 

projects at locations identified in plans developed under this 

section, or identified jointly by the non-Federal interest and the 

Secretary or the Commissioner, as applicable, for use in the 

construction, repair, modification, or rehabilitation of projects 

associated with Federal water resources projects and reclamation projects for purposes listed in paragraph (3). 

(2) COOPERATION.—The Secretary or the Commissioner, as 

applicable, shall develop plans under this subsection in cooperation with the appropriate Federal, State, regional, and 

local agencies. 

(3) PURPOSES FOR SEDIMENT USE IN PROJECTS.—The purposes 

of using sediment for the construction, repair, modification, or 

rehabilitation of Federal water resources projects and reclamation projects are— 

* * * * * * * 

(4) REDUCING COSTS.—To reduce or avoid Federal costs, the 

Secretary or the Commissioner, as applicable, shall consider 

the beneficial use of dredged material in a manner that conVerDate Sep 11 2014 07:16 Jul 15, 2018 Jkt 079010 PO 00000 Frm 00066 Fmt 6659 Sfmt 6602 E:\HR\OC\SR294.XXX SR294

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tributes to the maintenance of sediment resources in the nearby coastal system. 

(b) øSecretarial¿ Agency Findings.—Subject to subsection (c), 

projects carried out under subsection (a) may be carried out in any 

case in which the Secretary or the Commissioner, as applicable, 

finds that— 

* * * * * * * 

(c) DETERMINATION OF PROJECT COSTS.— (1) COSTS OF CONSTRUCTION.— (A) IN GENERAL.—Costs associated with construction of a 

project under this section or identified in a regional sediment management plan shall be limited solely to construction costs that are in excess of the costs necessary to carry 

out the dredging for construction, operation, or maintenance of an authorized Federal water resources project or 

reclamation project in the most cost-effective way, consistent with economic, engineering, and environmental criteria. 

(B) COST SHARING.— 

(i) IN GENERAL.— * * * 

* * * * * * * 

(ii) SPECIAL RULE.—Construction of a project under 

this section for one or more of the purposes of protection, restoration, or creation of aquatic and ecologically 

related habitat, the cost of which does not exceed 

$750,000 and which is located in a disadvantaged community as determined by the Secretary or the Commissioner, as applicable, may be carried out at Federal expense. 

* * * * * * * 

(C) TOTAL COST.—The total Federal costs associated with 

construction of a project under this section may not exceed 

ø$10,000,000¿ .$12,500,000 

* * * * * * * 

(d) SELECTION OF DREDGED MATERIAL DISPOSAL METHOD FOR

PURPOSES RELATED TO ENVIRONMENTAL RESTORATION OR STORM

DAMAGE AND FLOOD REDUCTION.— 

(1) IN GENERAL.—In developing and carrying out a Federal 

water resources project or reclamation project involving the disposal of dredged material, the Secretary or the Commissioner, 

as applicable, may select, with the consent of the non-Federal 

interest, a disposal method that is not the least cost option if 

the Secretary or the Commissioner, as applicable, determines 

that the incremental costs of the disposal method are 

reasonablein relation to— 

(A) * * * 

* * * * * * * 

(3) SPECIAL RULE.— * * * 

* * * * * * * 

(4) DISPOSAL AT NON-FEDERAL COST.—The Secretary or the 

Commissioner, as applicable, may accept funds from a nonFederal interest to dispose of dredged material as provided 


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under section 103(d)(1) of the Water Resources Development 

Act of 1986 (33 U.S.C. 2213(d)(1)). 

* * * * * * * 

(e) STATE AND REGIONAL PLANS.—The Secretary or the Commissioner, as applicable, may— 

* * * * * * * 

(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to the Secretary to carry out this section 

ø$50,000,000¿ $62,500,000 per fiscal year, of which not more than 

$5,000,000 per fiscal year may be used for the development of regional sediment management plans authorized by subsection (e) 

and of which not more than $3,000,000 per fiscal year may be used 

for construction of projects to which subsection (c)(1)(B)(ii) applies. 

Such funds shall remain available until expended. 

* * * * * * * 

SEC. 219. ENVIRONMENTAL INFRASTRUCTURE. 

(a) IN GENERAL.— 

(1) * * * 

* * * * * * * 

(f) ADDITIONAL ASSISTANCE.—The Secretary may provide assistance under subsection (a) and assistance for construction for the 

following: 

(1) * * * 

* * * * * * * 

(25) LAKES MARION AND MOULTRIE, SOUTH CAROLINA.— 

ø$60,000,000¿ $90,000,000 for wastewater treatment and 

water supply treatment and distribution projects in the counties of Calhoun, Clarendon, Colleton, Dorchester, 

øOrangeberg¿ Orangeburg, and Sumter, South Carolina. 

* * * * * * * 

(43) HARBOR/SOUTH BAY, CALIFORNIA.—ø$35,000,000¿ 

$70,000,000 for an industrial water reuse project for the Harbor/South Bay area, California. 

* * * * * * * 

ø(121) CHARLOTTE COUNTY, FLORIDA.—$3,000,000 for water 

supply infrastructure, Charlotte County, Florida.¿ 

(121) CHARLOTTE COUNTY, FLORIDA.—$16,000,000 for wastewater infrastructure, Charlotte County, Florida. 

* * * * * * * 

(g) CONSIDERATION OF ADDITIONAL PROJECTS.—The Secretary 

shall consider and complete an assessment of the following projects: 

(1) MACOMB COUNTY, MICHIGAN.—The project for wastewater 

infrastructure, Macomb County, Michigan. 

(2) MILWAUKEE AND SHOREWOOD, WISCONSIN.—The project 

for wastewater infrastructure, Milwaukee and Shorewood, Wisconsin. 

* * * * * * * 


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SEC. 225 

(a) IN GENERAL.— * * * 

* * * * * * * 

(c) USER FEES.— (1) COLLECTION OF FEES.— (A) IN GENERAL.—The Secretary may allow a ønon-Federal public entity¿ non-Federal public or private entity that 

has entered into an agreement pursuant to subsection (b) 

to collect user fees for the use of developed recreation sites 

and facilities, whether developed or constructed by that entity or the Department of the Army. 

(B) USE OF VISITOR RESERVATION SERVICES.—A ønonFederal public entity¿ non-Federal public or private entity 

described in subparagraph (A) may use, to manage fee collections and reservations under this section, any visitor 

reservation service that the Secretary has provided for by 

contract or interagency agreement, subject to such terms 

and conditions as the Secretary determines to be appropriate. 

(2) USE OF FEES.—A ønon-Federal public entity¿ non-Federal 

public or private entity that collects user fees under paragraph 

(1)— 

(A) * * * 

* * * * * * * 

(3) TERMS AND CONDITIONS.—The authority of a ønon-Federal public entity¿ non-Federal public or private entity under 

this subsection shall be subject to such terms and conditions 

as the Secretary determines necessary to protect the interests 

of the United States. 

(4) TREATMENT.—In carrying out this subsection, the Secretary shall ensure that a private entity is subject to the same 

regulations and requirements as a non-Federal public entity. 

* * * * * * * 

WATER RESOURCES DEVELOPMENT ACT OF 1996 

* * * * * * * 

TITLE II—GENERAL PROVISIONS 

SEC. 206. AQUATIC ECOSYSTEM RESTORATION. 

(a) GENERAL AUTHORITY.— 

(1) IN GENERAL.— * * * 

(3) REQUIREMENT.—In carrying out projects under this section, the Secretary shall carry out— 

(A) not less than 2 projects in areas with a population of 

80,000 or less; and 

(B) not less than 2 projects in areas with a population of 

2,500,000 or more. 

* * * * * * * 

(d) COST LIMITATION.—Not more than ø$10,000,000¿ $12,500,000 

in Federal funds may be allotted under this section for a project 

at any single locality. 


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(e) FUNDING.—There is authorized to be appropriated to carry 

out this section ø$50,000,000¿ $62,500,000 for each fiscal year. 

* * * * * * * 

WATER RESOURCES DEVELOPMENT ACT OF 2000 

TITLE II—GENERAL PROVISIONS 

* * * * * * * 

SEC. 203. TRIBAL PARTNERSHIP PROGRAM. 

(a) * * * 

(b) PROGRAM.— 

(1) IN GENERAL.— * * * 

* * * * * * * 

(4) DESIGN AND CONSTRUCTION.— 

(A) IN GENERAL.—The Secretary may carry out the design and construction of a water resources development 

project described in paragraph (1) that the Secretary determines is feasible if the Federal share of the cost of the 

project is not more than ø$10,000,000¿ $15,000,000. 

(B) SPECIFIC AUTHORIZATION.—If the Federal share of 

the cost of a project described in subparagraph (A) is more 

than ø$10,000,000¿ $15,000,000, the Secretary may only 

carry out the project if Congress enacts a law authorizing 

the Secretary to carry out the project. 

* * * * * * * 

SEC. 215. ø33 U.S.C. 2326c¿ RESERVOIR SEDIMENT. 

(a) IN GENERAL.—Not later than 180 days after øthe date of enactment of the Water Resources Development Act of 2016¿ the date 

of enactment of the America’s Water Infrastructure Act of 2018 and 

after providing public notice, the Secretary øshall establish, using 

available funds, a pilot program to accept¿ shall, using available 

funds, accept services provided by a non-Federal interest or commercial entity for removal of sediment captured behind a dam 

owned or operated by the United States and under the jurisdiction 

of the Secretary for the purpose of restoring the authorized storage 

capacity of the project concerned. 

(b) REQUIREMENTS.—In carrying out this section, the Secretary 

shall— 

(1) * * * 

* * * * * * * 

(2) ensure that the non-Federal interest or commercial entity 

will indemnify the United States for, or has entered into an 

agreement approved by the Secretary to address, any adverse 

impact to the dam as a result of such services; and 

(3) require the non-Federal interest or commercial entity, 

prior to initiating the services and upon completion of the services, to conduct sediment surveys to determine the pre- and 

post-services sediment profile and sediment qualityø; and¿ . 

ø(4) limit the number of dams for which services are accepted to 10.¿ 

* * * * * * * 


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ø(f) REPORT TO CONGRESS.—Upon completion of services at the 

10 dams allowed under subsection (b)(4), the Secretary shall make 

publicly available and submit to the Committee on Transportation 

and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report 

documenting the results of the services.¿ 

(f) REPORT TO CONGRESS.—Not later than 3 years after the date 

of enactment of the America’s Water Infrastructure Act of 2018, the 

Secretary may submit to the Committee on Environment and Public 

Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the 

results of the program under this section. 

* * * * * * * 

WATER RESOURCES DEVELOPMENT ACT OF 2007 

* * * * * * * 

SEC 1. ø33 U.S.C. 2201 note¿ SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Water Resources 

Development Act of 2007’’. 

(b) * * * 

* * * * * * * 

TITLE II—GENERAL PROVISIONS 

SEC. 2008. ø33 U.S.C. 2340¿ REVISION OF PROJECT PARTNERSHIP 

AGREEMENT; COST SHARING. 

(a) FEDERAL ALLOCATION.— * * * 

* * * * * * * 

(c) COST ESTIMATES.—The estimated Federal and non-Federal 

costs of water resources projects authorized to be carried out by the 

Secretary øbefore, on, or after¿ on or after the date of enactment 

of this Act are for informational purposes only and shall not be interpreted as affecting the cost-sharing responsibilities established 

by law. 

* * * * * * * 

SEC. 2034. ø33 U.S.C. 2343¿ INDEPENDENT PEER REVIEW. 

(a) PROJECT STUDIES SUBJECT TO INDEPENDENT PEER REVIEW.— 

(1) * * * 

* * * * * * * 

(h) APPLICABILITY.—This section shall apply to— 

(1) * * * 

* * * * * * * 

(2) project studies initiated during the period beginning on 

such date of enactment and ending ø12 years¿ 17 years after 

such date of enactment. 

* * * * * * * 

(i) REPORTS.— 

(1) INITIAL REPORT.— * * * 

* * * * * * * 

(2) ADDITIONAL REPORT.— 


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(3) REPORT.—Not later than 1 year after the date of enactment of the America’s Water Infrastructure Act of 2018, the Secretary shall— 

(A) complete an analysis of— 

(i) cost and time overruns for projects subject to this 

section; 

(ii) the effectiveness of peer review, and the extent to 

which planning problems 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). 

* * * * * * * 

SEC. 2045. ø33 U.S.C. 2348¿ PROJECT ACCELERATION. 

(a) DEFINITIONS.— * * * 

* * * * * * * 

(l) CATEGORICAL EXCLUSIONS.— 

(1) IN GENERAL.—Not later than 180 days after the date of 

enactment of the øWater Resources Reform and Development 

Act of 2014¿ America’s Water Infrastructure Act of 2018, the 

Secretary shall— 

(A) survey the use by the Corps of Engineers of categorical exclusions in projects since ø2005¿ 2014; 

(B) publish a review of the survey that includes a description of— 

(i) the types of actions that were categorically excluded or could be the basis for developing a new categorical exclusion; and 

(ii) any requests previously received by the Secretary for new categorical exclusions; and 

(C) solicit requests from other Federal agencies and 

project sponsors for new categorical exclusions. 

(2) NEW CATEGORICAL EXCLUSIONS.—Not later than 1 year 

after the date of enactment of the øWater Resources Reform 

and Development Act of 2014¿ 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 the date of enactment of the øWater 

Resources Reform and Development Act of 2014¿ America’s 

Water Infrastructure Act of 2018 based on the review under 

paragraph (1), the Secretary shall publish a notice of proposed 

rulemaking to propose that new categorical exclusion, to the 

extent that the categorical exclusion meets the criteria for a 

categorical exclusion under section 1508.4 of title 40, Code of 

Federal Regulations ø(or successor regulation)¿ (as in effect on 


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the date of enactment of the America’s Water Infrastructure Act 

of 2018). 

* * * * * * * 

TITLE V—MISCELLANEOUS 

SEC. 5056. RIO GRANDE ENVIRONMENTAL MANAGEMENT PROGRAM, 

COLORADO, NEW MEXICO, AND TEXAS. 

(a) DEFINITIONS.—* * * 

* * * * * * * 

(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to the Secretary to carry out this section 

$15,000,000 for øeach of fiscal years 2008 through 2019¿ each of 

fiscal years 2008 through 2021. 

* * * * * * * 

TITLE IX—NATIONAL LEVEE SAFETY PROGRAM 

SEC. 9005. ø33 U.S.C. 3303a¿ LEVEE SAFETY INITIATIVE. 

(a) ESTABLISHMENT.— * * * 

* * * * * * * 

(c) LEVEE SAFETY GUIDELINES.— 

(1) ESTABLISHMENT.— * * * 

* * * * * * * 

(5) PUBLIC COMMENT.— * * * 

* * * * * * * 

(6) UPDATES.—Not later than 1 year after the date of enactment of the America’s Water Infrastructure Act of 2018, the Secretary shall update the guidelines issued under paragraph (1) 

in accordance with this subsection. 

* * * * * * * 

(g) STATE, REGIONAL, AND TRIBAL LEVEE SAFETY PROGRAM.— (1) GUIDELINES.— (A) IN GENERAL.— * * * 

* * * * * * * 

(D) UPDATE.—Not later than 1 year after the date of enactment of the America’s Water Infrastructure Act of 2018, 

the Secretary shall update the guidelines issued under subparagraph (A) in accordance with this paragraph. 

(2) ASSISTANCE TO STATES, REGIONAL DISTRICTS, AND INDIAN

TRIBES.— 

(A) ESTABLISHMENT.— * * * 

* * * * * * * 

(E) AUTHORIZATION OF APPROPRIATIONS.— 

(i) IN GENERAL.—There is authorized to be appropriated to the Administrator to carry out this subsection $25,000,000 øfor each of fiscal years 2015 

through 2019¿ for each of fiscal years 2015 through 

2021. 

* * * * * * * 

(h) LEVEE REHABILITATION ASSISTANCE PROGRAM.— 


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(1) ESTABLISHMENT.— * * * 

* * * * * * * 

(3) FLOODPLAIN MANAGEMENT PLANS.— 

(A) IN GENERAL.— * * * 

* * * * * * * 

(E) TECHNICAL SUPPORT.—The Secretary may provide 

technical support for the development and implementation 

of floodplain management plans prepared under this paragraph. 

(F) UPDATE.—Not later than 1 year after the date of enactment of the America’s Water Infrastructure Act of 2018, 

the Secretary shall update the guidelines issued under subparagraph (D). 

SEC. 9006. ø33 U.S.C. 3303b¿ REPORTS. 

(a) STATE OF LEVEES.— 

(1) IN GENERAL.— * * * 

* * * * * * * 

(b) NATIONAL DAM AND LEVEE SAFETY PROGRAM.—Not later than 

3 years after the date of enactment of this subsection, , and not 

later than 1 year after the date of enactment of the America’s Water 

Infrastructure Act of 2018, to the maximum extent practicable, the 

Secretary and the Administrator, in coordination with the committee, shall submit to Congress and make publicly available a report that includes recommendations regarding the advisability and 

feasibility of, and potential approaches for, establishing a joint national dam and levee safety program. 

* * * * * * * 

(c) ALIGNMENT OF FEDERAL PROGRAMS RELATING TO LEVEES.— 

Not later than 2 years after the date of enactment of the Water Resources Development Act of 2016 , and not later than 1 year after 

the date of enactment of the America’s Water Infrastructure Act of 

2018, the Comptroller General of the United States shall submit to 

Congress a report on opportunities for alignment of Federal programs to provide incentives to State, regional, tribal, and local governments and individuals and entities— 

* * * * * * * 

(d) LIABILITY FOR CERTAIN LEVEE ENGINEERING PROJECTS.—Not 

later than 1 year after the date of enactment of the Water Resources Development Act of 2016, and not later than 1 year after 

the date of enactment of the America’s Water Infrastructure Act of 

2018, the Secretary shall submit to Congress and make publicly 

available a report that includes recommendations that identify and 

address any legal liability associated with levee engineering 

projects that prevent— 

* * * * * * * 

SEC. 9008. ø33 U.S.C. 3305¿ AUTHORIZATION OF APPROPRIATIONS. 

There øis¿ are thorized to be appropriated to the Secretary— 

(1) to carry out sections 9003, 9005(c), 9005(d), 9005(e), and 

9005(f),$4,000,000 øfor each of fiscal years 2015 through 2019¿ 

for each of fiscal years 2015 through 2021; 


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75 

(2) to carry out section 9004, $20,000,000 øfor each of fiscal 

years 2015 through 2019¿ for each of fiscal years 2015 through 

2021; and 

(3) to carry out section 9005(h), $30,000,000 øfor each of fiscal years 2015 through 2019¿ for each of fiscal years 2015 

through 2021. 

* * * * * * * 

WATER RESOURCES REFORM AND DEVELOPMENT ACT 

OF 2014 

* * * * * * * 

SEC 1. SHORT TITLE; TABLE OF CONTENTS. 

* * * * * * * 

TITLE V—WATER INFRASTRUCTURE FINANCING 

øSUBTITLE C—INNOVATIVE FINANCING PILOT PROJECTS¿ 

Subtitle C—Innovative Financing Projects 

øSec. 5034. Reports on pilot program implementation.¿ 

Sec. 5034. Reports on program implementation. 

Sec. 5036. Innovative financing for State loan funds. 

TITLE I—PROGRAM REFORMS AND STREAMLINING 

(a) * * * 

* * * * * * * 

SEC. 1001. ø33 U.S.C. 2282c¿ VERTICAL INTEGRATION AND ACCELERATION OF STUDIES. 

(a) IN GENERAL.— * * * 

* * * * * * * 

(d) EXCEPTION.— 

(1) IN GENERAL.— * * * 

* * * * * * * 

(4) LIMITATION.—The Secretary shall not extend the timeline 

for a feasibility study for a period of more than ø7 years¿ 10 

years, and any feasibility study that is not completed before 

that date shall no longer be authorized. 

* * * * * * * 

SEC. 1017. ø33 U.S.C. 2212 note¿ ACCEPTANCE OF CONTRIBUTED FUNDS 

TO INCREASE LOCK OPERATIONS. 

(a) IN GENERAL.— * * * 

* * * * * * * 

(f) TERMINATION.—The authority to accept funds under this section shall terminate ø5 years¿ 10 years after the date of enactment 

of this Act. 

* * * * * * * 

SEC. 1022. ø33 U.S.C. 2225¿ CREDIT IN LIEU OF REIMBURSEMENT. 

(a) REQUESTS FOR CREDITS.— * * * 

* * * * * * * 


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(b) APPLICATION OF CREDITS.—At the request of the non-Federal 

interest, the Secretary may apply all or a portion of such credit to 

the non-Federal share of the cost of carrying out other water resources development projects or studies of the non-Federal interest 

or of any governmental entity to which such credit is transferred, 

subject to the condition that the Secretary approves the transfer. 

* * * * * * * 

SEC. 1043. ø33 U.S.C. 2201 note¿ NON-FEDERAL IMPLEMENTATION 

PILOT PROGRAM. 

(a) NON-FEDERAL IMPLEMENTATION OF FEASIBILITY STUDIES.— (1) IN GENERAL.— * * * 

* * * * * * * 

(5) REPORT.— 

(A) IN GENERAL.— * * * 

* * * * * * * 

(B) UPDATE.—Not later than 5 years after the date of enactment of this Act and not later than 3 years after the 

date of enactment of the America’s Water Infrastructure Act 

of 2018, the Secretary shall submit to the Committee on 

Environment and Public Works of the Senate and the 

Committee on Transportation and Infrastructure of the 

House of Representatives an update of the report described 

in subparagraph (A). 

* * * * * * * 

(7) TERMINATION OF AUTHORITY.—The authority to commence 

a feasibility study under this subsection terminates on the date 

that is ø5 years¿ 7 years after the date of enactment of this 

Act. 

(8) AUTHORIZATION OF APPROPRIATIONS.—In addition to any 

amounts appropriated for a specific project, there is authorized 

to be appropriated to the Secretary to carry out the pilot program under this subsection, including the costs of administration of the Secretary, 25,000,000 for øeach of fiscal years 2015 

through 2019¿ each of fiscal years 2015 through 2021. (b) NON-FEDERAL PROJECT IMPLEMENTATION PILOT PROGRAM.— (1) IN GENERAL.— * * * 

* * * * * * * 

(3) ADMINISTRATION.— 

(A) IN GENERAL.—In carrying out the pilot program, the 

Secretary shall— 

(i) identify a total of not more than 15 projects for 

flood risk management, hurricane and storm damage 

reduction (including levees, floodwalls, flood control 

channels, and water control structures), coastal harbor 

and channels, inland navigation, and aquatic ecosystem restoration that have been authorized for construction prior to the ødate of enactment of this Act¿ 

date of enactment of the America’s Water Infrastructure Act of 2018, including— 

(I) not more than 12 projects that— 

(aa)(AA) have received Federal funds prior 

to the ødate of enactment of this Act¿ date of 


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enactment of the America’s Water Infrastructure Act of 2018; or 

* * * * * * * 

(4) COST SHARE.—Nothing in this subsection affects the costsharing requirement øapplicable on the day before the date of 

enactment of this Act¿ otherwise applicable to a project carried 

out under this subsection. 

(5) REPORT.— (A) IN GENERAL.— * * * 

* * * * * * * 

(B) UPDATE.—Not later than 5 years after the date of enactment of this Act and not later than 3 years after the 

date of enactment of the America’s Water Infrastructure Act 

of 2018, the Secretary shall submit to the Committee on 

Environment and Public Works of the Senate and the 

Committee on Transportation and Infrastructure of the 

House of Representatives an update of the report described 

in subparagraph (A). 

* * * * * * * 

(7) TERMINATION OF AUTHORITY.—The authority to commence 

a project under this subsection terminates on the date that is 

ø5 years¿ 7 years after the date of enactment of this Act. 

(8) AUTHORIZATION OF APPROPRIATIONS.—In addition to any 

amounts appropriated for a specific project, there is authorized 

to be appropriated to the Secretary to carry out the pilot program under this subsection, including the costs of administration of the Secretary, $25,000,000 for øeach of fiscal years 2015 

through 2019¿ each of fiscal years 2015 through 2021. 

* * * * * * * 

TITLE IV—RIVER BASINS AND COASTAL AREAS 

SEC. 4003. MISSOURI RIVER. 

(a) UPPER MISSOURI BASIN FLOOD AND DROUGHT MONITORING.— 

(1) IN GENERAL.— * * * 

* * * * * * * 

(6) PRIORITIZATION.—To the maximum extent practicable, in 

carrying out any projects or programs of the Secretary, the Secretary shall give priority to activities under this subsection. 

* * * * * * * 

SEC. 4014. ø33 U.S.C. 2803a¿ OCEAN AND COASTAL RESILIENCY. 

(a) IN GENERAL.— * * * 

* * * * * * * 

(c) DISPOSITION.— 

(1) IN GENERAL.—The Secretary may carry out a project 

identified in the study pursuant to subsection (a) in accordance 

with the criteria for projects carried out under one of the following authorities: 

(A) Section 206(a)-(d) of the Water Resources Development Act of 1996 (33 U.S.C. 2330(a)-(d)). 


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ø(B) Section 1135(a)-(g) and (i) of the Water Resources 

Development Act of 1986 (33 U.S.C. 2309a(a)-(g) and (i)).¿ 

(B) Section 1135 of the Water Resources Development Act 

of 1986 (33 U.S.C. 2309a). 

* * * * * * * 

TITLE V—WATER INFRASTRUCTURE FINANCING 

øSUBTITLE C—INNOVATIVE FINANCING PILOT PROJECTS¿ 

Subtitle C—Innovative Financing Projects 

* * * * * * * 

TITLE VI—DEAUTHORIZATION AND BACKLOG PREVENTION 

SEC. 6003. ø33 U.S.C. 579c¿ BACKLOG PREVENTION. 

(a) PROJECT DEAUTHORIZATION.— 

(1) IN GENERAL.—A water resources development project, or 

separable element of such a project, authorized for construction 

by this Act shall not be authorized after the last day of the ø7- 

year period¿ 10-year period beginning on the date of enactment 

of this Act unless funds have been obligated for construction of 

such project during that period. 

(2) IDENTIFICATION OF PROJECTS.—Not later than 60 days 

after the expiration of the ø7-year period¿ 10-year period referred to in paragraph (1), the Secretary shall submit to the 

Committee on Environment and Public Works of the Senate 

and the Committee on Transportation and Infrastructure of 

the House of Representatives a report that identifies the 

projects deauthorized under paragraph (1). 

(3) CALCULATION.—In calculating the time period under 

paragraph (1), the Secretary shall not include any period of 

time during which the project is being reviewed and awaiting 

a decision by the Secretary on a locally preferred plan for that 

project under section 1036(a). 

(4) EXCEPTION.—The Secretary shall not deauthorize any 

project during the period described in paragraph (3). 

* * * * * * * 

TITLE VII—WATER RESOURCES INFRASTRUCTURE 

SEC. 7002. AUTHORIZATION OF FINAL FEASIBILITY STUDIES. 

* * * * * * * 

(1) NAVIGATION.— 


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A. State B. 

Name 

C. 

Date of 

Report of 

Chief of Engineers 

D. 

Estimated 

Costs 

3. GA Savannah Harbor 

Expansion Project 

Aug. 17, 2012 Federal: ø$492,000,000¿ 

$677,613,600 

Non-Federal: ø$214,000,000¿ 

$295,829,400 

Total: ø$706,000,000¿ 

$973,443,000 

* * * * * * * 

SEC. 7004. EXPEDITED CONSIDERATION IN THE HOUSE AND SENATE. 

(a) CONSIDERATION IN THE HOUSE OF REPRESENTATIVES.— (1) * * * 

* * * * * * * 

(b) CONSIDERATION IN THE SENATE.— (1) POLICY.— * * * 

* * * * * * * 

(4) TERMINATION.—The procedures for expedited consideration under this subsection terminate on øDecember 31, 2018.¿ 

December 31, 2024 

* * * * * * * 

FLOOD CONTROL ACT OF 1936 

(33 U.S.C. 701H)

* * * * * * * 

SEC. 701h. CONTRIBUTIONS BY STATES, POLITICAL SUBDIVISIONS, 

AND OTHER NON-FEDERAL INTERESTS 

The Secretary of the Army is authorized to receive from States 

and political subdivisions thereof and other non-Federal interests, 

such funds as may be contributed by them for work, which includes 

planning and design, to be expended in connection with funds appropriated by the United States for any authorized water resources 

development study or project, including a project for navigation on 

the inland waterways, whenever such work and expenditure may 

be considered by the Secretary of the Army, on recommendation of 

the Chief of Engineers, as advantageous in the public interest, and 

the plans for any reservoir project may, in the discretion of the Secretary of the Army, on recommendation of the Chief of Engineers, 

be modified to provide additional storage capacity for domestic 

water supply or other conservation storage, on condition that the 

cost of such increased storage capacity is contributed by local agencies and that the local agencies agree to utilize such additional 

storage capacity in a manner consistent with Federal uses and purposes: Provided, That the Secretary is authorized to receive and expend funds from a State or a political subdivision thereof, and 


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other non-Federal interests or private entities, to operate a hurricane barrier project to support recreational activities at or in the 

vicinity of the project, at no cost to the Federal Government, if the 

Secretary determines that operation for such purpose is not inconsistent with the operation and maintenance of the project for the 

authorized purposes of the project Provided further, That the Secretary is authorized to receive and expend funds from a State or a 

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

owner of a non-Federal reservoir to formulate, review, or revise operational documents for any non-Federal reservoir for which the Secretary is authorized to prescribe regulations for the use of storage 

allocated for flood control or navigation pursuant to section 7 of the 

Act of December 22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C. 709): 

* * * * * * * 

FLOOD CONTROL ACT OF 1941 

* * * * * * * 

SEC. 5. ø33 USC 701n¿ (a)(1) * * * 

* * * * * * * 

(2) * * * 

* * * * * * * 

(3) EXTENDED ASSISTANCE.— (A) IN GENERAL.—A State, Tribe, or other entity receiving 

assistance under the fourth sentence of paragraph (1) on 

land the State, Tribe, or entity owns, has jurisdiction over, 

or otherwise controls, may petition the Secretary for extended 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) ASSISTANCE.—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) EXCEPTION.—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 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 extended assistance under this paragraph, the Secretary shall 

consider whether granting the extended assistance would— 

(i) minimize costs of long-term burdens on the nonFederal sponsor of the project; 

(ii) increase the resiliency of the project; and 


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(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 years after the date of enactment of 

the America’s Water Infrastructure Act of 2018. 

* * * * * * * 

ø(3)¿ (4) * * * 

* * * * * * * 

(e) NOTICE.— * * * 

* * * * * * * 

(f) LONG TERM FLOOD-RISK REDUCTION.— 

(1) IN GENERAL.—The Secretary shall provide assistance for 

the operation and maintenance of any project constructed under 

this section that, as determined by the Secretary, becomes permanent due to the extended presence of assistance from the Secretary under subsection (a). 

(2) NO TIME LIMITATION.—Notwithstanding any other provision of this section or any other law, the Secretary may provide 

assistance under this subsection for any period of time, as determined by the Secretary. 

(3) COST-SHARE.—The cost of operation and maintenance provided under this subsection for a project shall be subject to the 

cost-sharing provisions that would otherwise apply to such a 

project. 

(4) TERMINATION.—The authority to provide assistance under 

this subsection terminates on the date that is 10 years after the 

date of enactment of the America’s Water Infrastructure Act of 

2018. 

* * * * * * * 

FLOOD CONTROL ACT OF 1944 

* * * * * * * 

SEC. 2. * * * 

* * * * * * * 

øSec. 7. ø33 U.S.C. 709¿ Herefater, it shall be the duty of the 

Secretary of the Army to¿ 

SEC. 7. WATER STORAGE. 

(a) PRICING OF CONTRACTS.— 

(1) IN GENERAL.—Subject to paragraph (2), the Secretary of 

the Army shall price each water storage contract entered into by 

the Secretary at fair market value. 

(2) FAIR MARKET VALUE REQUIREMENT.—For purposes of 

paragraph (1), the fair market value of a water storage contract 

shall not exceed 110 percent of the lowest-contracted price at 

any facility of the Corps of Engineers located within 50 miles 

of the water source covered by the contract, as adjusted for inflation. 

(b) FLOOD CONTROL AND NAVIGATION.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

Secretary of the Army shallprescribe regulations for the use of 


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storage allocated for flood control or navigation at all reservoirs constructed wholly or in part with Federal funds provided on the basis of such purposes, and the operation of any 

such project shall be in accordance with øsuch regulations: Provided, That this section¿ those regulations. 

(2) EXCEPTION.—This subsection shall not apply to the Tennessee Valley Authority, except that in case of danger from 

floods on the Lower Ohio and Mississippi Rivers the Tennessee 

Valley Authority is directed to regulate the release of water 

from the Tennessee River into the Ohio River in accordance 

with such instructions as may be issued by the Department of 

the Army. 

* * * * * * * 

FLOOD CONTROL ACT OF 1946 

(33 U.S.C. 701R)

* * * * * * * 

SEC. 701r. PROTECTION OF HIGHWAYS, BRIDGE APPROACHES, PUBLIC 

WORKS, AND NONPROFIT PUBLIC SERVICES 

The Secretary of the Army is authorized to allot from any appropriations heretofore or hereafter made for flood control, not to exceed ø$20,000,000¿ $25,000,000 per year, for the construction, repair, restoration, and modification of emergency streambank and 

shoreline protection works to prevent damage to highways, bridge 

approaches, and public works, churches, hospitals, schools, and 

other nonprofit public services, when in the opinion of the Chief of 

Engineers such work is advisable: Provided, That not more than 

ø$5,000,000 ¿ $7,500,000 shall be allotted for this purpose at any 

single locality from the appropriations for any øone fiscal year.¿ 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. 

* * * * * * * 

FLOOD CONTROL ACT OF 1948 

* * * * * * * 

SEC. 205. ø33 USC 701s¿ 

That the Secretary of the Army is hereby authorized to allot from 

any appropriations heretofore or hereafter made for flood control, 

not to exceed ø$55,000,000¿ $82,500,000 for any one fiscal year, for 

the implementation of small structural and nonstructural projects 

for flood control and related purposes not specifically authorized by 

Congress, which come within the provisions of section 1 of the 

Flood Control Act of June 22, 1936, when in the opinion of the 

Chief of Engineers such work is advisable. The amount allotted for 

a project shall be sufficient to complete Federal participation in the 

project. Not more than ø$10,000,000¿ $15,000,000 shall be allotted 

under this section for a project at any single locality. The provisions of local cooperation specified in section 3 of the Flood Control 

Act of June 22, 1936, as amended, shall apply. The work shall be 

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tional improvement to insure its successful operation, except as 

may result from the normal procedure applying to projects authorized after submission of preliminary examination and survey reports. 

* * * * * * * 

FLOOD CONTROL ACT OF 1970 

* * * * * * * 

SEC. 221. ø42 U.S.C. 1962d-5b¿ WRITTEN AGREEMENT REQUIREMENT 

FOR WATER RESOURCES PROJECTS. 

(a) COOPERATION OF NON-FEDERAL INTEREST.— * * * 

* * * * * * * 

(b) DEFINITION OF NON-FEDERAL INTEREST.—The term ‘‘non-Federal interest’’ means— 

(1) a legally constituted public body ø(including a federally 

recognized Indian tribe); or¿ (including an Indian tribe and 

tribal organization (as those terms are defined in section 4 of 

the Indian Self-Determination and Education Assistance Act 

(25 U.S.C. 5304)); or 

* * * * * * * 

ACT OF OCTOBER 15, 1940 

[33 U.S.C. 701H-1]

* * * * * * * 

SEC. 701h-1. CONTRIBUTIONS BY STATES AND POLITICAL SUBDIVISIONS FOR IMMEDIATE USE ON AUTHORIZED FLOOD-CONTROL WORK; REPAYMENT. 

øWhenever any¿ 

(a) IN GENERAL.—Whenever any State or political subdivision 

thereof shall offer to advance funds for øa flood-control project duly 

adopted and authorized by law¿ an authorized water resources development study or project, the Secretary of the Army may in his 

discretion, receive such funds and expend the same in the immediate prosecution of øsuch work¿ such study or project. øThe Secretary of the Army¿ 

(b) REPAYMENT.—The Secretary of the Army is authorized and directed to repay without interest, øfrom appropriations which may 

be provided by Congress for flood-control work¿ if specific appropriations are provided by Congress for such purposek, the moneys 

so contributed and expended: Provided, however, That no repayment of funds which may be contributed for the purpose of meeting 

any conditions of local cooperation imposed by Congress, or under 

the authority of section 701h of this title, shall be made. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to the Secretary to provide repayment under subsection (b) $50,000,000 for each of fiscal years 2020 and 2021. 

(d) DEFINITION OF STATE.—In this section, the term ‘State’ 

means— 

(1) a State; 

(2) the District of Columbia; 

(3) the Commonwealth of Puerto Rico; 

(4) any other territory or possession of the United States; and 


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(5) a federally recognized Indian tribe or a tribal organization (as defined in section 4 of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 5304)). 

* * * * * * * 

ACT OF AUGUST 13, 1946 

* * * * * * * 

SEC. 3. ø33 U.S.C. 426g¿ STORM AND HURRICANE RESTORATION AND 

IMPACT MINIMIZATION PROGRAM. 

(a) * * * 

* * * * * * * 

(c) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—Subject to paragraph (2), the Secretary 

may expend, from any appropriations made available to the 

Secretary for the purpose of carrying out civil works, not more 

than ø$30,000,000¿ $45,000,000 during any fiscal year to pay 

the Federal share of the costs of construction of small shore 

and beach restoration and protection projects or small projects 

under this section. 

(2) LIMITATION.—The total amount expended for a project 

under this section shall— 

(A) be sufficient to pay the cost of Federal participation 

in the project (including periodic nourishment as provided 

for under the first section of this Act), as determined by 

the Secretary; and 

(B) be not more than ø$10,000,000¿ $15,000,000. 

* * * * * * * 

WATER INFRASTRUCTURE IMPROVEMENTS FOR THE 

NATION ACT 

* * * * * * * 

TITLE I—WATER RESOURCES DEVELOPMENT 

SEC 1. ø33 U.S.C. 2201 note¿ SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.— * * * 

* * * * * * * 

SEC. 1150. ø33 U.S.C. 701s note¿ ICE JAM PREVENTION AND MITIGATION. 

(a) IN GENERAL.— * * * 

* * * * * * * 

(c) PILOT PROGRAM.— 

(1) IN GENERAL.—øDuring fiscal years 2017 through 2022, 

the Secretary¿ The Secretary shall identify and carry out not 

fewer than ø10 projects¿ 20 projects under this section to demonstrate technologies and designs developed in accordance with 

this section. 

(2) PROJECT SELECTION.—The Secretary øshall ensure¿ 

shall— 

(A) ensure that the projects are selected from all cold regions of the United States, including the Upper Missouri 

River Basin and the Northeastø.¿ ; and 


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(B) select not less than 1 project on a reservation (as defined in section 3 of the Indian Financing Act of 1974 (25 

U.S.C. 1452)) that serves more than 1 Indian tribe (as defined in section 4 of the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 5304)). 

(3) PRIORITIZATION.—In selecting projects under paragraph 

(1), the Secretary shall give priority to— 

(A) projects in the Upper Missouri River Basin; and 

(B) projects in the Northeast. 

* * * * * * * 

SEC. 1172. ø33 U.S.C. 2354¿ EASEMENTS FOR ELECTRIC, TELEPHONE, 

OR BROADBAND SERVICE FACILITIES. 

(a) * * * 

* * * * * * * 

(c) CERTAIN EASEMENTS.— 

(1) IN GENERAL.—The Secretary shall 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 the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) if the easement does not 

interfere with the safe functioning of the water resources development project. 

(2) PLACEMENT.—The placement of an easement under paragraph (1) shall be at the discretion of the Secretary. 

ø(c)¿ (d) ADMINISTRATIVE EXPENSES.— * * * 

* * * * * * * 

SEC. 1177. ø33 U.S.C. 467f-2 note¿ REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED DAMS. 

(a) IN GENERAL.— * * * 

* * * * * * * 

(e) COST LIMITATION.—The Secretary shall not expend more than 

ø$10,000,000¿ $40,000,000 for a project at any single dam under 

this section. 

(f) FUNDING.— There is authorized to be appropriated to carry 

out this section ø10,000,000¿ $40,000,000 for each of fiscal years 

2017 through 2026. 

* * * * * * * 

SEC. 1178. COLUMBIA RIVER. 

(a) ECOSYSTEM RESTORATION.— * * * 

* * * * * * * 

(c) TRIBAL ASSISTANCE.— 

(1) ASSISTANCE AUTHORIZED.— 

(A) IN GENERAL.—øUpon the request of the Secretary of 

the Interior, the Secretary may provide assistance¿ The 

Secretary, in consultation with the Secretary of the Interior, 

may provide assistance on land transferred by the Department of the Army to the Department of the Interior pursuant to title IV of Public Law 100-581 (102 Stat. 2944; 110 

Stat. 766; 110 Stat. 3762; 114 Stat. 2679; 118 Stat. 544) 

to Indian tribes displaced as a result of the construction of 

the Bonneville Dam, Oregon. 


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SEC. 1179. MISSOURI RIVER. 

(a) RESERVOIR SEDIMENT MANAGEMENT.— 

(1) DEFINITION OF SEDIMENT MANAGEMENT PLAN.— * * * 

* * * * * * * 

(3) PLAN ELEMENTS.— * * * 

* * * * * * * 

(4) PRIORITIZATION OF SEDIMENT MANAGEMENT PLANS.—In 

carrying out the pilot project under this subsection, the Secretary shall give priority to developing and implementing sediment management plans that affect reservoirs that cross State 

lines. 

ø(4)¿ (5) COST SHARE.—The beneficiaries requesting a sediment management plan shall share in the cost of development 

and implementation of the plan and such cost shall be allocated among the beneficiaries in accordance with the benefits 

to be received. 

ø(5)¿ (6) CONTRIBUTED FUNDS.—The Secretary may accept 

funds from non-Federal interests and other Federal agencies to 

develop and implement a sediment management plan under 

this subsection. 

ø(6)¿ (7) GUIDANCE.—The Secretary shall use the knowledge 

gained through the development and implementation of sediment management plans under paragraph (2) to develop guidance for sediment management at other reservoirs. 

ø(7)ø (8) PARTNERSHIP WITH SECRETARY OF THE INTERIOR.— * * * 

ø(A) IN GENERAL.—The Secretary shall carry out the 

pilot program established under this subsection in partnership with the Secretary of the Interior, and the program 

may apply to reservoirs managed or owned by the Bureau 

of Reclamation on execution of a memorandum of agreement between the Secretary and the Secretary of the Interior establishing the framework for a partnership and the 

terms and conditions for sharing expertise and resources.¿ 

(A) IN GENERAL.—The Secretary shall carry out the pilot 

program established under this subsection in partnership 

with the Secretary of the Interior, and the program shall 

apply to reservoirs managed or owned by the Bureau of 

Reclamation. 

(B) MEMORANDUM OF AGREEMENT.—For sediment management plans that apply to a reservoir managed or owned 

by the Bureau of Reclamation under subparagraph (A), the 

Secretary and the Secretary of the Interior shall execute a 

memorandum of agreement establishing the framework for 

a partnership and the terms and conditions for sharing expertise and resources. 

ø(B)¿ (C) LEAD AGENCY.— 

ø(8)¿ (9) OTHER AUTHORITIES NOT AFFECTED.—Nothing in 

this subsection affects sediment management or the share of 

costs paid by Federal and non-Federal interests relating to 

sediment management under any other provision of law (including regulations). 

(10) PRIORITIZATION OF FUNDS.—To the maximum extent 

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retary or the Secretary of the Interior, the Secretary and the 

Secretary of the Interior, as applicable, shall give priority to activities under this subsection. 

* * * * * * * 

Subtitle B—Studies 

SEC. 1322. EXPEDITED CONSIDERATION. 

(a) IN GENERAL.— * * * 

* * * * * * * 

(b) EXPEDITED CONSIDERATION.— 

(1) EXPEDITED COMPLETION OF FLOOD DAMAGE REDUCTION

AND FLOOD RISK MANAGEMENT PROJECTS.— 

* * * * * * * 

(2) EXPEDITED COMPLETION OF FEASIBILITY STUDIES.—The 

Secretary shall give priority funding and expedite completion 

of the reports for the following projects, and, øif the Secretary 

determines that a project is justified in the completed report, 

proceed directly to project preconstruction, engineering, and 

design in accordance with section 910 of the Water Resources 

Development Act of 1986 (33 U.S.C. 2287)¿ once the general reevaluation report for the project has been submitted for approval, shall immediately initiate preconstruction engineering 

and design for the project: 

* * * * * * * 

TITLE III—NATURAL RESOURCES 

SEC. 3101. ø25 U.S.C. 3805¿ INDIAN DAM SAFETY. 

(a) DEFINITIONS.—In this section: 

(1) DAM.— * * * 

* * * * * * * 

(b) INDIAN DAM SAFETY DEFERRED MAINTENANCE FUNDS.— 

(1) HIGH-HAZARD FUND.— 

(A) ESTABLISHMENT.— * * * 

* * * * * * * 

(i) IN GENERAL.—For øeach of fiscal years 2017 

through 2023¿ each of fiscal years 2017 through 2030, 

the Secretary of the Treasury shall deposit in the 

Fund $22,750,000 from the general fund of the Treasury. 

(ii) AVAILABILITY OF AMOUNTS.—Amounts deposited 

in the Fund under clause (i) shall be used, subject to 

appropriation, to carry out this section. 

(C) EXPENDITURES FROM FUND.— 

(i) IN GENERAL.—Subject to clause (ii), for øeach of 

fiscal years 2017 through 2023¿ each of fiscal years 

2017 through 2030, the Secretary may, to the extent 

provided in advance in appropriations Acts, expend 

from the Fund, in accordance with this section, not 

more than the sum of— 

* * * * * * * 


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(F) TERMINATION.—On øSeptember 30, 2023¿ September 

30, 2030— 

* * * * * * * 

(2) LOW-HAZARD FUND.— (A) ESTABLISHMENT.— * * * 

* * * * * * * 

(B) DEPOSITS TO FUND.— (i) IN GENERAL.—For øeach of fiscal years 2017 

through 2023¿ each of fiscal years 2017 through 2030, the Secretary of the Treasury shall deposit in the 

Fund $10,000,000 from the general fund of the Treasury. 

(ii) AVAILABILITY OF AMOUNTS.—Amounts deposited 

in the Fund under clause (i) shall be used, subject to 

appropriation, to carry out this section. 

(C) EXPENDITURES FROM FUND.— 

(i) IN GENERAL.—Subject to clause (ii), for øeach of 

fiscal years 2017 through 2023¿ each of fiscal years 

2017 through 2030, the Secretary may, to the extent 

provided in advance in appropriations Acts, expend 

from the Fund, in accordance with this section, not 

more than the sum of— 

* * * * * * * 

(F) TERMINATION.—On øSeptember 30, 2023¿ September 

30, 2030— 

* * * * * * * 

(c) REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN INDIAN

DAMS.— 

(1) PROGRAM ESTABLISHMENT.— 

(A) IN GENERAL.— * * * 

* * * * * * * 

(B) FUNDING.— 

(i) HIGH-HAZARD FUND.—Consistent with subsection 

(b)(1)(B), the Secretary shall use or transfer to the Bureau of Indian Affairs not less than $22,750,000 of 

amounts in the High-Hazard Indian Dam Safety Deferred Maintenance Fund, plus accrued interest, for 

øeach of fiscal years 2017 through 2023¿ each of fiscal 

years 2017 through 2030 to carry out maintenance, repair, and replacement activities for 1 or more of the 

Indian dams described in paragraph (2)(A). 

(ii) LOW-HAZARD FUND.—Consistent with subsection 

(b)(2)(B), the Secretary shall use or transfer to the Bureau of Indian Affairs not less than $10,000,000 of 

amounts in the Low-Hazard Indian Dam Safety Deferred Maintenance Fund, plus accrued interest, for 

øeach of fiscal years 2017 through 2023¿ each of fiscal 

years 2017 through 2030 to carry out maintenance, repair, and replacement activities for 1 or more of the 

Indian dams described in paragraph (2)(B). 

(C) COMPLIANCE WITH DAM SAFETY POLICIES.— * * * 

* * * * * * * 


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(5) ALLOCATION AMONG DAMS.— (A) IN GENERAL.—Subject to subparagraph (B), to the 

maximum extent practicable, the Secretary shall ensure 

that, for øeach of fiscal years 2017 through 2023¿ each of 

fiscal years 2017 through 2030, each Indian dam eligible 

for funding under paragraph (2) that has critical maintenance needs receives part of the funding under paragraph 

(1) to address critical maintenance needs. 

* * * * * * * 

(f) FLOOD PLAIN MANAGEMENT PILOT PROGRAM.— (1) ESTABLISHMENT.— * * * 

* * * * * * * 

(2) TERMINATION.—The program shall terminate on the date 

that is ø4 years¿ 11 years after the date of enactment of this 

Act. 

(3) FUNDING.—Of the amounts authorized to be expended 

from either Fund, $250,000 shall be made available from either 

Fund during øeach of fiscal years 2017, 2018, and 2019¿ each 

of fiscal years 2017 through 2026 to carry out this subsection, 

to remain available until expended. 

* * * * * * * 

SEC. 3212. DEPOSITS TO FUND. 

(a) IN GENERAL.—For øeach of fiscal years 2017 through 2021¿ 

each of fiscal years 2017 through 2028, the Secretary of the Treasury shall deposit in the Fund $35,000,000 from the general fund 

of the Treasury. 

* * * * * * * 

SEC. 3213. EXPENDITURES FROM FUND. 

(a) IN GENERAL.—Subject to subsection (b), for øeach of fiscal 

years 2017 through 2021¿ each of fiscal years 2017 through 2028, the Secretary may, to the extent provided in advance in appropriations Acts, expend from the Fund, in accordance with this subtitle, 

not more than the sum of— 

* * * * * * * 

SEC. 3216. TERMINATION. 

On øSeptember 30, 2021¿ September 30, 2028— 

* * * * * * * 

SEC. 3221. REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN 

INDIAN IRRIGATION PROJECTS. 

(a) IN GENERAL.— * * * 

* * * * * * * 

(b) FUNDING.—Consistent with section 3213, the Secretary shall 

use or transfer to the Bureau of Indian Affairs not less than 

$35,000,000 of amounts in the Fund, plus accrued interest, for 

øeach of fiscal years 2017 through 2021¿ each of fiscal years 2017 

through 2028 to carry out maintenance, repair, and replacement 

activities for 1 or more of the Indian irrigation projects described 

in section 3222 (including any structures, facilities, equipment, personnel, or vehicles used in connection with the operation of those 


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projects), subject to the condition that the funds expended under 

this part shall not be— 

* * * * * * * 

SEC. 3224. STUDY OF INDIAN IRRIGATION PROGRAM AND PROJECT 

MANAGEMENT. 

(a) TRIBAL CONSULTATION AND USER INPUT.— * * * 

* * * * * * * 

(d) STATUS REPORT.—Not later than 2 years after the date of enactment of this Act, and not less frequently than every 2 years 

thereafter (until the end of øfiscal year 2021¿ fiscal year 2028), the 

Secretary, acting through the Assistant Secretary for Indian Affairs, shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes a description of— 

* * * * * * * 

SEC. 3226. ALLOCATION AMONG PROJECTS. 

(a) IN GENERAL.—Subject to subsection (b), to the maximum extent practicable, the Secretary shall ensure that, for øeach of fiscal 

years 2017 through 2021¿ each of fiscal years 2017 through 2028, 

each Indian irrigation project eligible for funding under section 

3222 that has critical maintenance needs receives part of the funding under section 3221 to address critical maintenance needs. 

(b) PRIORITY.—In allocating amounts under section 3221(b), in 

addition to considering the funding priorities described in section 

3223, the Secretary shall give priority to eligible Indian irrigation 

projects serving more than 1 Indian tribe within an Indian reservation and to projects for which funding has not been made available 

during the 10-year period ending on øthe day before the date of enactment of this Act¿ the day before the date of enactment of the 

America’s Water Infrastructure Act of 2018 under any other Act of 

Congress that expressly identifies the Indian irrigation project or 

the Indian reservation of the project to address the deferred maintenance, repair, or replacement needs of the Indian irrigation 

project. 

* * * * * * * 

Subtitle G—Blackfeet Water Rights Settlement 

SEC. 3718. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.— * * * 

* * * * * * * 

(c) BLACKFEET WATER RIGHTS SETTLEMENT.—Notwithstanding 

sections 3716(e) and 3717(e), to the extent funds have been appropriated, 50 percent of the amounts appropriated to the Blackfeet 

Settlement Trust Fund and 50 percent of the amounts appropriated 

to the Blackfeet Water Settlement Implementation Fund under this 

section shall be available to the Tribe and the Secretary in a manner consistent with this title on the execution of the waivers and releases under section 3720(a). 

* * * * * * * 


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SEC. 3720. WAIVERS AND RELEASES OF CLAIMS. 

(a) IN GENERAL.— 

(1) * * * 

* * * * * * * 

(3) * * * 

* * * * * * * 

(B) reserved in subsections (b) through (d) of øsection 

3706¿ section 6 of the settlement for the case styled Blackfeet Tribe v. United States, No. 02-127L (Fed. Cl. 2012); 

and 

* * * * * * * 

(h) EXPIRATION.—If all appropriations authorized by this subtitle 

have not been made available to the Secretary by øJanuary 21, 

2026¿ January 21, 2025, or such alternative later date as is agreed 

to by the Tribe and the Secretary, the waivers and releases described in this section shall— 

* * * * * * * 

RIVER AND HARBOR ACT OF 1958 

* * * * * * * 

TITLE I—RIVERS AND HARBORS 

SEC. 104. ø33 U.S.C. 610¿ (a) 

(1) IN GENERAL.— * * * 

* * * * * * * 

ø(b) There are authorized to be appropriated such amounts, not 

excess of $40,000,000, of which $20,000,000 shall be made available 

to implement subsection (d), annually, as may be necessary to 

carry out the provisions of this section. Any such funds employed 

for control operations shall be allocated by the Chief of Engneers 

on a priority basis, based upon the urgency and need of each area, 

and the availability of local funds.¿ 

(b) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—There is authorized to be appropriated $80,000,000 to carry out this section for each fiscal year, of 

which— 

(A) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(i); and 

(B) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(ii). 

(2) CONTROL OPERATIONS.—Any funds under paragraph (1) 

used for control operations shall be allocated by the Chief of 

Engineers on a priority basis, based on the urgency and need 

of each area and the availability of local funds. 

* * * * * * * 

(d) WATERCRAFT INSPECTION STATIONS.— 

ø(1) IN GENERAL.—In carrying out this section, the Secretary 

may establish watercraft inspection stations in the Columbia 

River Basin to be located in the States of Idaho, Montana, Oregon, and Washington at locations, as determined by the Secretary, with the highest likelihood of preventing the spread of 


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aquatic invasive species at reservoirs operated and maintained 

by the Secretary.¿ 

(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— 

(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. 

* * * * * * * 

(3) COORDINATION.—In carrying out this subsection, the Secretary shall consult and coordinate with— 

ø(A) the States described in paragraph (1)¿ 

(A) the Governors of the States within the areas described 

in clause (i) or (ii) of paragraph (1)(A), as applicable, 

* * * * * * * 

THE RIVER AND HARBOR ACT OF 1960 

* * * * * * * 

SEC. 107. ø33 USC 577¿ (a) That the Secretary of the Army is 

authorized to allot from any appropriations hereafter made for rivers and harbors not to exceed ø$50,000,000¿ $62,500,000 for any 

one fiscal year for the construction of small river and harbor improvement projects not specifically authorized by Congress which 

will result in substantial benefits to navigation and which can be 

operated consistently with appropriate and economic use of the 

waters of the Nation for other purposes, when in the opinion of the 

Chief of Engineers such work is advisable, if benefits are in excess 

of the cost. 

(b) Not more than ø$10,000,000¿ $12,500,000 shall be allotted for 

the construction of a project under this section at any single locality and the amount allotted shall be sufficient to complete the Federal participation in the project under this section. 

* * * * * * * 

RIVER AND HARBOR ACT OF 1968 

* * * * * * * 

SEC. 111. ø33 USC 426i¿ (a) IN GENERAL.— * * * 

* * * * * * * 


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(c) REQUIREMENT FOR SPECIFIC AUTHORIZATION.—No such project 

shall be initiated without specific authorization by Congress if the 

Federal first cost exceeds ø$10,000,000¿ $15,000,000. 

* * * * * * * 

(e) REIMBURSEMENT FOR FEASIBILITY STUDIES.— * * * 

* * * * * * * 

(f) CERTAIN PROJECTS.—Subject to the availability of appropriations, in the case of a project under this section that, on the date 

of enactment of the America’s Water Infrastructure Act of 2018, is 

authorized to be carried out at a cost greater than $10,000,000, the 

Secretary may provide to the project an increase in funding equal 

to the lesser of— 

(1) 50 percent of the authorized amount; and 

(2) $5,000,000. 

* * * * * * * 

ENERGY AND WATER DEVELOPMENT AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2014 

CONSOLIDATED APPROPRIATIONS ACT, 2014 

* * * * * * * 

SEC 1. SHORT TITLE. 

This Act may be cited as the ‘‘Consolidated Appropriations Act, 

2014’’. 

* * * * * * * 

DIVISION D—ENERGY AND WATER DEVELOPMENT AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2014 

SEC. 113. 

The Cape Arundel Disposal Site in the State of Maine selected by 

the Department of the Army as an alternative dredged material 

disposal site under section 103(b) of the Marine Protection Research and Sanctuaries Act of 1972, shall remain open øfor 5 years 

after enactment of this Act¿ until December 31, 2021, until the remaining disposal capacity of the site has been utilized, or until 

completion of an Environmental Impact Statement to support final 

designation of an Ocean Dredged Material Disposal Site for southern Maine under section 102(c) of the Marine Protection Research 

and Sanctuaries Act of 1972, whichever first occurs, provided that 

the site conditions remain suitable for such purpose and that the 

site may not be used for disposal of more than 80,000 cubic yards 

from any single dredging project. 

* * * * * * * 

NATIONAL DAM SAFETY PROGRAM ACT 

* * * * * * * 

SEC. 3. INSPECTION OF DAMS. 

(a) IN GENERAL.— * * * 

* * * * * * * 


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

(a) ESTABLISHMENT OF PROGRAM.— * * * 

* * * * * * * 

ø(e) FLOODPLAIN MANAGEMENT PLANS.— ø(1) IN GENERAL.—As a condition of receipt of assistance 

under this section, the non-Federal sponsor shall demonstrate 

that a floodplain management plan to reduce the impacts of future flood events in the area protected by the project— 

ø(A) is in place; or 

ø(B) will be— 

ø(i) developed not later than 1 year after the date of 

execution of a project agreement for assistance under 

this section; and 

ø(ii) implemented not later than 1 year after the 

date of completion of construction of the project. 

ø(2) INCLUSIONS.—A plan under paragraph (1) shall address— 

ø(A) potential measures, practices, and policies to reduce 

loss of life, injuries, damage to property and facilities, public expenditures, and other adverse impacts of flooding in 

the area protected by the project; 

ø(B) plans for flood fighting and evacuation; and 

ø(C) public education and awareness of flood risks. 

ø(3) TECHNICAL SUPPORT.—The Administrator may provide 

technical support for the development and implementation of 

floodplain management plans prepared under this subsection.¿ 

(e) EMERGENCY ACTION PLANS.— (1) IN GENERAL.—As a condition of receipt of assistance under 

this section, the non-Federal sponsor shall demonstrate that an 

emergency action plan is in place to protect the safety of persons 

and property in the area potentially affected by a breach of the 

dam. 

(2) INCLUSIONS.—An emergency action plan under paragraph 

(1) shall address— 

(A) incident detection, evaluation, and emergency level 

determination; 

(B) notification and communication; 

(C) emergency actions; 

(D) termination and follow-up; and 

(E) public education and awareness of the emergency action plan. 

* * * * * * * 

SEC. 14. AUTHORIZATION OF APPROPRIATIONS. 

(a) NATIONAL DAM SAFETY PROGRAM.— 

(1) ANNUAL AMOUNTS.—There are authorized to be appropriated to FEMA to carry out sections 7, 8, and 12 (in addition 

to any amounts made available for similar purposes included 

in any other Act and amounts made available under subsections (b) through (e)), $9,200,000 øfor each of fiscal years 

2015 through 2019¿, for each of fiscal years 2015 through 2021 

to remain available until expended. 

(b) NATIONAL DAM INVENTORY.—There is authorized to be appropriated to carry out section 6 $500,000 øfor each of fiscal years 

2015 through 2019¿ for each of fiscal years 2015 through 2021. 


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(c) PUBLIC AWARENESS.—There is authorized to be appropriated to carry out section 11 $1,000,000 øfor each of fiscal years 2015 

through 2019¿ for each of fiscal years 2015 through 2021. (d) RESEARCH.—There is authorized to be appropriated to carry out section 9 $1,450,000 øfor each of fiscal years 2015 through 

2019¿ for each of fiscal years 2015 through 2021, to remain until 

expended. 

(e) DAM SAFETY TRAINING.—There is authorized to be appro- priated to carry out section 10 $750,000 øfor each of fiscal years 

2015 through 2019¿ for each of fiscal years 2015 through 2021. (f) STAFF.—There is authorized to be appropriated to FEMA for 

the employment of such additional staff personnel as are necessary 

to carry out sections 8 through 10 $1,000,000 øfor each of fiscal 

years 2015 through 2019¿ for each of fiscal years 2015 through 

2021. 

* * * * * * * 

FREEDOM TO FISH ACT 

* * * * * * * 

SEC 1. SHORT TITLE. 

* * * * * * * 

SEC. 2. RESTRICTED AREAS AT CORPS OF ENGINEERS DAMS. 

(a) DEFINITIONS.—In this Act: 

(1) RESTRICTED AREA.— * * * 

* * * * * * * 

(b) EXISTING RESTRICTED AREA.— * * * 

* * * * * * * 

(1) cease implementing and enforcing the restricted area 

until the date that is ø4 years after the date of enactment of 

the Water Resources Reform and Development Act of 2014¿ 5 

years after the date of enactment of the America’s Water Infrastructure Act of 2018; and 

(2) * * * 

* * * * * * * 

(c) ESTABLISHING NEW OR MODIFIED RESTRICTED AREA * * * 

* * * * * * * 

(1) * * * 

* * * * * * * 

(3) not implement or enforce the restricted area until the 

date that is ø4 years after the date of enactment of the Water 

Resources Reform and Development Act of 2014¿ 5 years after 

the date of enactment of the America’s Water Infrastructure Act 

of 2018; and 

* * * * * * * 

GREAT LAKES FISH AND WILDLIFE RESTORATION ACT 

OF 1990 

* * * * * * * 


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TITLE I—GREAT LAKES FISH AND WILDLIFE RESTORATION 

SEC. 1002. ø16 U.S.C. 941¿ FINDINGS. 

* * * * * * * 

SEC. 1009. ø16 U.S.C. 941g¿ AUTHORIZATION OF APPROPRIATIONS. 

ø(a) AUTHORIZATION.—There are authorized to be appropriated to 

the Director for each of fiscal years 2016 through 2021- 

ø(1) $6,000,000 to implement fish and wildlife restoration 

proposals as selected by the Director under section 941c(e) of 

this title, of whichø(A) not more than the lesser of 33 1/3 percent or $2,000,000 may be allocated to implement regional projects 

by the United States Fish and Wildlife Service, as selected 

by the Director under section 941c(e) of this title; and 

ø(B) the lesser of 5 percent or $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 

ø(2) 2,000,000, 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 941e of this title.¿ 

(a) IN GENERAL.—There are authorized to be appropriated to the 

Director— 

(1) for fiscal year 2019— (A) $6,600,000 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 1⁄3 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) $2,200,000, 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; 

(2) for fiscal year 2020— (A) $7,200,000 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 1⁄3 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) $2,400,000, 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; and 

(3) for fiscal year 2021— 


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(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 1⁄3 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. 

* * * * * * * 

FEDERAL WATER POLLUTION CONTROL ACT 

* * * * * * * 

TITLE I—RESEARCH AND RELATED PROGRAMS 

SEC. 101. (a) * * * 

* * * * * * * 

SEC. 118. GREAT LAKES. 

(a) FINDINGS, PURPOSE, AND DEFINITIONS.— * * * 

* * * * * * * 

(c) GREAT LAKES MANAGEMENT.— 

(1) FUNCTIONS.— * * * 

* * * * * * * 

(7) GREAT LAKES RESTORATION INITIATIVE.— (A) ESTABLISHMENT.— * * * 

* * * * * * * 

(J) FUNDING.— 

ø(i) IN GENERAL.— There is authorized to be appropriated to carry out this paragraph $300,000,000 for 

each of fiscal years 2017 through 2021.¿ 

(i) IN GENERAL.—There are authorized to be appropriated to carry out this paragraph— 

(I) $330,000,000 for fiscal year 2019; 

(II) $360,000,000 for fiscal year 2020; and 

(III) $390,000,000 for fiscal year 2021. 

* * * * * * * 

SEC. 119. LONG ISLAND SOUND.—(a) * * * 

* * * * * * * 

ø(b) ADMINISTRATION AND STAFFING OF OFFICE.—The Office 

shall¿ 

(b) OFFICE.— 

(1) ESTABLISHMENT.—The Administrator shall— 

(A) continue to carry out the conference study; and 

(B) establish an office, to be located on or near Long Island Sound. 


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(2) ADMINISTRATION AND STAFFING.—The Office shall be 

headed by a Director, who shall be detailed by the Administrator, following consultation with the Administrators of EPA 

regions I and II, from among the employees of the Agency who 

are in civil service. The Administrator shall delegate to the Director such authority and detail such additional staff as may 

be necessary to carry out the duties of the Director under this 

section. 

(c) DUTIES OF THE OFFICE.—The Office shall assist the 

øManagement Conference of the Long Island Sound Study¿ conference study in carrying out its goals. Specifically, the Office 

shall— 

* * * * * * * 

(2) * * * 

* * * * * * * 

(A) population growth and the adequacy of wastewater 

treatment facilitiesø,¿ ; 

(B) the use of biological methods for nutrient removal in 

sewage treatment plantsø,¿ ; 

(C) contaminated sediments, and dredging activitiesø,¿ ; 

(D) nonpoint source pollution abatement and land use 

activities in the Long Island Sound watershed, 

(E) wetland protection and restorationø,¿ ; 

(F) atmospheric deposition of acidic and other pollutants 

into Long Island Soundø,¿ ; 

(G) water quality requirements to sustain fish, shellfish, 

and wildlife populations, and the use of indicator species 

to assess environmental qualityø,¿ ;¿ 

(H) State water quality programs, for their adequacy 

pursuant to implementation of the Comprehensive Conservation and Management Planø, and¿ ; 

(I) options for long-term financing of wastewater treatment projects and water pollution control programsø.¿ ; 

(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; 

* * * * * * * 

ø(4) coordinate activities and implementation responsibilities 

with other Federal agencies which have jurisdiction over Long 

Island Sound and with national and regional marine moniVerDate Sep 11 2014 07:16 Jul 15, 2018 Jkt 079010 PO 00000 Frm 00098 Fmt 6659 Sfmt 6601 E:\HR\OC\SR294.XXX SR294

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toring and research programs established pursuant to the Marine Protection, Research, and Sanctuaries Act;¿ 

(4) develop and implement strategies to increase public education and awareness with respect to the ecological health and 

water quality conditions of Long Island Sound; 

(5) provide administrative and technical support to the conference study; 

(6) collect and make available to the public (including on the 

Internet) publications, and other forms of information the conference study determines to be appropriate, relating to the environmental quality of Long Island Sound; 

ø(7) not more than two years after the date of the issuance 

of the final Comprehensive Conservation and Management 

Plan for Long Island Sound under section 320 of this Act, and 

biennially thereafter, issue a report to the Congress which—¿ 

(7) monitor the progress made toward meeting the identified 

goals, actions, and schedules of the Comprehensive Conservation and Management Plan, including through the implementation and support of a monitoring system for the ecological 

health and water quality conditions of Long Island Sound; and 

* * * * * * * 

(d) GRANTS.— * * * 

* * * * * * * 

(3) Citizen involvement and citizen education grants under this 

subsection shall not exceed 95 per centum of the costs of such 

work. All other grants under this subsection shall not exceed ø50 

per centum¿ 60 percent of the research, studies, or work. All grants 

shall be made on the condition that the non-Federal share of such 

costs are provided from non-Federal sources. 

* * * * * * * 

(e) ASSISTANCE TO DISTRESSED COMMUNITIES.— * * * 

* * * * * * * 

(f) REPORT.— 

(1) IN GENERAL.—Not later than 2 years after the date of enactment of the America’s Water Infrastructure Act of 2018, and 

biennially thereafter, the Director of the Office, in consultation 

with the Governor of each Long Island Sound State, shall submit to Congress a report that— 

(A) summarizes and assesses the progress made by the 

Office and the Long Island Sound States in implementing 

the Long Island Sound Comprehensive Conservation and 

Management Plan, including an assessment of the progress 

made toward meeting the performance goals and milestones 

contained in the Plan; 

(B) assesses the key ecological attributes that reflect the 

health of the ecosystem of the Long Island Sound watershed; 

(C) describes any substantive modifications to the Long 

Island Sound Comprehensive Conservation and Management Plan made during the 2-year period preceding the 

date of submission of the report; 

(D) provides specific recommendations to improve 

progress in restoring and protecting the Long Island Sound 


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watershed, including, as appropriate, proposed modifications to the Long Island Sound Comprehensive Conservation and Management Plan; 

(E) identifies priority actions for implementation of the 

Long Island Sound Comprehensive Conservation and Management Plan for the 2-year period following the date of 

submission of the report; and 

(F) describes the means by which Federal funding and 

actions will be coordinated with the actions of the Long Island Sound States and other entities. 

(2) PUBLIC AVAILABILITY.—The Administrator shall make the 

report described in paragraph (1) available to the public, including on the Internet. 

(g) ANNUAL BUDGET PLAN.—The President shall submit, together 

with the annual budget of the United States Government submitted 

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

regarding each Federal department and agency involved in the protection and restoration of the Long Island Sound watershed, including— 

(1) an interagency crosscut budget that displays for each department and agency— 

(A) the amount obligated during the preceding fiscal year 

for protection and restoration projects and studies relating 

to the watershed; 

(B) the estimated budget for the current fiscal year for 

protection and restoration projects and studies relating to 

the watershed; and 

(C) the proposed budget for succeeding fiscal years for 

protection and restoration projects and studies relating to 

the watershed; and 

(2) a summary of any proposed modifications to the Long Island Sound Comprehensive Conservation and Management 

Plan for the following fiscal year. 

(h) FEDERAL ENTITIES.— 

(1) COORDINATION.—The Administrator shall coordinate the 

actions of all Federal departments and agencies that impact 

water quality in the Long Island Sound watershed in order to 

improve the water quality and living resources of the watershed. 

(2) METHODS.—In carrying out this section, the Administrator, acting through the Director of the Office, may— 

(A) enter into interagency agreements; and 

(B) make intergovernmental personnel appointments. 

(3) FEDERAL PARTICIPATION IN WATERSHED PLANNING.—A 

Federal department or agency that owns or occupies real property, or carries out activities, within the Long Island Sound watershed shall participate in regional and subwatershed planning, protection, and restoration activities with respect to the 

watershed. 

(4) CONSISTENCY WITH COMPREHENSIVE CONSERVATION AND

MANAGEMENT PLAN.—To the maximum extent practicable, the 

head of each Federal department and agency that owns or occupies real property, or carries out activities, within the Long Island Sound watershed shall ensure that the property and all 

activities carried out by the department or agency are consistent 


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with the Long Island Sound Comprehensive Conservation and 

Management Plan (including any related subsequent agreements and plans). 

ø(f)¿ (i) AUTHORIZATIONS.—(1) There is authorized to be appropriated to the Administrator for the implementation of this section, 

other than subsection (d), such sums as may be necessary for each 

of the fiscal years 2001 through 2010. 

(2) There is authorized to be appropriated to the Administrator 

for the implementation of subsection (d) not to exceed $40,000,000 

for each of fiscal years 2001 through 2010. 

* * * * * * * 

SEC. 123. COLUMBIA RIVER BASIN RESTORATION 

(a) DEFINITIONS.— 

(d) GRANTS.— * * * 

* * * * * * * 

(1) IN GENERAL.— * * * 

* * * * * * * 

(6) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this subsection— 

(A) $5,000,000 for fiscal year 2019; and 

(B) $30,000,000 for each of fiscal years 2020 and 2021. 

* * * * * * * 

TITLE II—GRANTS FOR CONSTRUCTION OF TREATMENT 

WORKS 

SEC. 201. (a) * * * 

* * * * * * * 

SEC. 221. SEWER OVERFLOW CONTROL GRANTS. 

ø(a) IN GENERAL.—In any fiscal year in which the Administrator 

has available for obligation at least $1,350,000,000 for the purposes 

of section 601— 

ø(1) the Administrator may make grants to States for the 

purpose of providing grants to a municipality or municipal entity for planning, design, and construction of treatment works 

to intercept, transport, control, or treat municipal combined 

sewer overflows and sanitary sewer overflows; and 

ø(2) subject to subsection (g), the Administrator may¿ 

(a) AUTHORITY.—The Administrator may— 

(1) make grants to States for the purpose of providing grants 

to a municipality or municipal entity for planning, designing, 

and constructing— 

(A) treatment works to intercept, transport, control, or 

treat municipal combined sewer overflows and sanitary 

sewer overflows; and 

(B) measures to manage, reduce, treat, or recapture 

stormwater or subsurface drainage water; and 

(2) subject to subsection (g),make a direct grant to a municipality or municipal entity for the purposes described in paragraph (1). 


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(b) PRIORITIZATION.—In selecting from among municipalities applying for grants under subsection (a), a State or the Administrator 

shall give priority to an applicant that— 

(1) is a municipality that is a financially distressed community under subsection (c)ø;¿ ;or 

ø(2) has implemented or is complying with an implementation schedule for the nine minimum controls specified in the 

CSO control policy referred to in section 402(q)(1) and has 

begun implementing a long-term municipal combined sewer 

overflow control plan or a separate sanitary sewer overflow 

control plan; 

ø(3) is requesting a grant for a project that is on a State’s 

intended use plan pursuant to section 606(c); or¿ 

ø(4)¿ (2) is an Alaska Native Village. 

* * * * * * * 

(d) COST-SHARING.—The Federal share of the cost of activities 

carried out using amounts from a grant made under subsection (a) 

shall be not less than 55 percent of the cost. The non-Federal share 

of the cost may include, in any amount, public and private funds 

and in-kind services, and may include, notwithstanding section 

ø603(h)¿ 603(i), financial assistance, including loans, from a State 

water pollution control revolving fund. 

ø(e) ADMINISTRATIVE REPORTING REQUIREMENTS.—If a project receives grant assistance under subsection (a) and loan assistance 

from a State water pollution control revolving fund and the loan 

assistance is for 15 percent or more of the cost of the project, the 

project may be administered in accordance with State water pollution control revolving fund administrative reporting requirements 

for the purposes of streamlining such requirements. 

ø(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section $750,000,000 for each of 

fiscal years 2002 and 2003. Such sums shall remain available until 

expended. 

ø(g) ALLOCATION OF FUNDS.— ø(1) FISCAL YEAR 2002.—Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this 

section for fiscal year 2002 for making grants to municipalities 

and municipal entities under subsection (a)(2), in accordance 

with the criteria set forth in subsection (b). 

ø(2) FISCAL YEAR 2003.—Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this 

section for fiscal year 2003 as follows: 

ø(A) Not to exceed $250,000,000 for making grants to 

municipalities and municipal entities under subsection 

(a)(2), in accordance with the criteria set forth in subsection (b). 

(B) All remaining amounts for making grants to States 

under subsection (a)(1), in accordance with a formula to be 

established by the Administrator, after providing notice 

and an opportunity for public comment, that allocates to 

each State a proportional share of such amounts based on 

the total needs of the State for municipal combined sewer 

overflow controls and sanitary sewer overflow controls 

identified in the most recent survey conducted pursuant to 

section 516(b)(1).¿ 


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(e) ADMINISTRATIVE REQUIREMENTS.— (1) IN GENERAL.—Subject to paragraph (2), a project that receives grant assistance under subsection (a) shall be carried out 

subject to the same requirements as a project that receives assistance from a State water pollution control revolving fund established pursuant to title VI. 

(2) DETERMINATION OF GOVERNOR.—The requirement described in paragraph (1) shall not apply to a project that receives grant assistance under subsection (a) to the extent that 

the Governor of the State in which the project is located determines that a requirement described in title VI is inconsistent 

with the purposes of this section. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section $225,000,000 for each of 

fiscal years 2019 and 2020, to remain available until expended. 

(g) ALLOCATION OF FUNDS.—For each of fiscal years 2019 and 

2020, subject to subsection (h), the Administrator shall use the 

amounts made available to carry out this section to provide grants 

to municipalities and municipal entities under subsection (a)(2)— 

(1) in accordance with the priority criteria described in subsection (b); and 

(2) with additional priority given to proposed projects that involve the use of— 

(A) nonstructural, low-impact development; 

(B) water conservation, efficiency, or reuse; or 

(C) other decentralized stormwater or wastewater approaches to minimize flows into the sewer systems. 

* * * * * * * 

ø(i) REPORTS.—Not later than December 31, 2003, and periodically thereafter, the Administrator shall transmit to Congress a report containing recommended funding levels for grants under this 

section. The recommended funding levels shall be sufficient to ensure the continued expeditious implementation of municipal combined sewer overflow and sanitary sewer overflow controls nationwide.¿ 

* * * * * * * 

SEC. 222. TECHNICAL ASSISTANCE FOR SMALL TREATMENT WORKS. 

(a) DEFINITIONS.—In this section: 

(1) QUALIFIED NONPROFIT SMALL TREATMENT WORKS TECH- NICAL ASSISTANCE PROVIDER.—The term ‘qualified nonprofit 

small treatment works technical assistance provider’ means a 

nonprofit organization that, as determined by the Administrator— 

(A) is qualified and experienced in providing training 

and technical assistance to small treatment works; and 

(B) the small treatment works in the State finds to be the 

most beneficial and effective. 

(2) SMALL TREATMENT WORKS.—The term ‘small treatment 

works’ means a publicly owned treatment works serving not 

more than 10,000 individuals. 

(b) TECHNICAL ASSISTANCE.—The Administrator may use 

amounts made available to carry out this section to provide grants 

or cooperative agreements to qualified nonprofit small treatment 

works technical assistance providers to provide to owners and operVerDate Sep 11 2014 07:16 Jul 15, 2018 Jkt 079010 PO 00000 Frm 00103 Fmt 6659 Sfmt 6601 E:\HR\OC\SR294.XXX SR294

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ators of small treatment works onsite technical assistance, circuit 

rider technical assistance programs, multi-State, regional technical 

assistance programs, and onsite and regional training, to assist the 

small treatment works in achieving compliance with this Act or obtaining financing under this Act for eligible projects. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this section for grants for small treatment works technical assistance, $15,000,000 for each of fiscal years 

2019 through 2021. 

SEC. 223. TECHNICAL ASSISTANCE FOR MEDIUM TREATMENT WORKS. 

(a) DEFINITIONS.—In this section: 

(1) MEDIUM TREATMENT WORKS.—The term ‘medium treatment works’ means a publicly owned treatment works serving 

not fewer than 10,001, and not more than 75,000, individuals. 

(2) QUALIFIED NONPROFIT MEDIUM TREATMENT WORKS TECH- NICAL ASSISTANCE PROVIDER.—The term ‘qualified nonprofit medium treatment works technical assistance provider’ means a 

qualified nonprofit technical assistance provider of water and 

wastewater services to medium-sized communities that provides 

technical assistance (including circuit rider technical assistance 

programs, multi-State, regional assistance programs, and training and preliminary engineering evaluations) to owners and operators of medium treatment works, which may include a State 

agency. 

(b) TECHNICAL ASSISTANCE.—The Administrator may use 

amounts made available to carry out this section to provide grants 

or cooperative agreements to qualified nonprofit medium treatment 

works technical assistance providers to provide to owners and operators of medium treatment works onsite technical assistance, circuit-rider technical assistance programs, multi-State, regional technical assistance programs, and onsite and regional training to assist medium treatment works that are facing difficulty in achieving 

compliance with this Act or obtaining financing under this Act for 

eligible projects. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section $10,000,000 for each of fiscal years 2019 through 2021. 

* * * * * * * 

TITLE III—STANDARDS AND ENFORCEMENT 

* * * * * * * 

SEC. 309. (a)(1) * * * 

* * * * * * * 

(h) IMPLEMENTATION OF INTEGRATED PLANS THROUGH ENFORCEMENT TOOLS.— 

(1) IN GENERAL.—In conjunction with an enforcement action 

under subsection (a) or (b) relating to municipal discharges, the 

Administrator shall inform a municipality of the opportunity to 

develop an integrated plan (as defined in section 402(s)). 

(2) MODIFICATION.—Any municipality under an administrative order under subsection (a) or settlement agreement (including a judicial consent decree) under subsection (b) that has developed an integrated plan consistent with section 402(s) may 


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request a modification of the administrative order or settlement 

agreement based on that integrated plan. 

* * * * * * * 

TITLE IV—PERMITS AND LICENSES 

SEC. 402. (a)(1) * * * 

* * * * * * * 

(r) DISCHARGES INCIDENTAL TO THE NORMAL OPERATION OF REC- REATIONAL VESSELS.— * * * 

* * * * * * * 

(s) INTEGRATED PLAN PERMITS.— (1) DEFINITIONS.—In this subsection: 

(A) GREEN INFRASTRUCTURE.—The term ‘green infrastructure’ means the range of measures that use plant or soil 

systems, permeable pavement or other permeable surfaces 

or substrates, stormwater harvest and reuse, or landscaping to store, infiltrate, or evapotranspirate stormwater 

and reduce flows to sewer systems or to surface waters. 

(B) INTEGRATED PLAN.—The term ‘integrated plan’ has 

the meaning given in Part III of the Integrated Municipal 

Stormwater and Wastewater Planning Approach Framework, issued by the Environmental Protection Agency and 

dated June 5, 2012. 

(C) MUNICIPAL DISCHARGE.— (i) IN GENERAL.—The term ‘municipal discharge’ 

means a discharge from a treatment works (as defined 

in section 212) or a discharge from a municipal storm 

sewer under subsection (p). 

(ii) INCLUSION.—The term ‘municipal discharge’ includes a discharge of wastewater or storm water collected from multiple municipalities if the discharge is 

covered by the same permit issued under this section. 

(2) INTEGRATED PLAN.— (A) IN GENERAL.—The Administrator (or a State, in the 

case of a permit program approved under subsection (b)) 

shall inform a municipal permittee or multiple municipal 

permittees of the opportunity to develop an integrated plan. 

(B) SCOPE OF PERMIT INCORPORATING INTEGRATED

PLAN.—A permit issued under this subsection that incorporates an integrated plan may integrate all requirements 

under this Act addressed in the integrated plan, including 

requirements relating to— 

(i) a combined sewer overflow; 

(ii) a capacity, management, operation, and maintenance program for sanitary sewer collection systems; 

(iii) a municipal stormwater discharge; 

(iv) a municipal wastewater discharge; and 

(v) a water quality-based effluent limitation to implement an applicable wasteload allocation in a total 

maximum daily load. 

(3) COMPLIANCE SCHEDULES.— 

(A) IN GENERAL.—A permit for a municipal discharge by 

a municipality that incorporates an integrated plan may 


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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) INCLUSION.—Actions subject to a compliance schedule 

under subparagraph (A) may include green infrastructure 

if implemented as part of a water quality-based effluent 

limitation. 

(C) REVIEW.—A schedule of compliance may be reviewed 

each time the permit is renewed. 

(4) EXISTING AUTHORITIES RETAINED.— (A) APPLICABLE STANDARDS.—Nothing in this subsection 

modifies any obligation to comply with applicable technology and water quality-based effluent limitations under 

this Act. 

(B) FLEXIBILITY.—Nothing in this subsection reduces or 

eliminates any flexibility available under this Act, including the authority of— 

(i) a State to revise a water quality standard after a 

use attainability analysis under section 131.10(g) of 

title 40, Code of Federal Regulations (or a successor 

regulation), subject to the approval of the Administrator under section 303(c); and 

(ii) the Administrator or a State to authorize a 

schedule of compliance that extends beyond the date of 

expiration of a permit term if the schedule of compliance meets the requirements of section 122.47 of title 

40, Code of Federal Regulations (as in effect on the 

date of enactment of this subsection). 

(5) CLARIFICATION OF STATE AUTHORITY.— (A) IN GENERAL.—Nothing in section 301(b)(1)(C) precludes a State from authorizing in the water quality standards of the State the issuance of a schedule of compliance 

to meet water quality-based effluent limitations in permits 

that incorporate provisions of an integrated plan. 

(B) TRANSITION RULE.—In any case in which a discharge 

is subject to a judicial order or consent decree as of the date 

of enactment of the 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. 

* * * * * * * 

TITLE V—GENERAL PROVISIONS 

SEC. 501. (a) * * * 

* * * * * * * 

SEC. 518. INDIAN TRIBES. 

(a) POLICY.— * * * 

* * * * * * * 


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SEC. 519. ENVIRONMENTAL PROTECTION AGENCY GREEN INFRASTRUCTURE PROMOTION. 

(a) IN GENERAL.—The Administrator shall ensure that the Office 

of Water, the Office of Enforcement and Compliance Assurance, the 

Office of Research and Development, and the Office of Policy of the 

Environmental Protection Agency promote the use of green infrastructure in and coordinate the integration of green infrastructure 

into, permitting programs, planning efforts, research, technical assistance, and funding guidance. 

(b) DUTIES.—The Administrator shall ensure that the Office of 

Water— 

(1) promotes the use of green infrastructure in the programs 

of the Environmental Protection Agency; and 

(2) coordinates efforts to increase the use of green infrastructure with— 

(A) other Federal departments and agencies; 

(B) State, tribal, and local governments; and 

(C) the private sector. 

(c) REGIONAL GREEN INFRASTRUCTURE PROMOTION.—The Administrator shall direct each regional office of the Environmental Protection Agency, as appropriate based on local factors, and consistent 

with the requirements of this Act, to promote and integrate the use 

of green infrastructure within the region that includes— 

(1) outreach and training regarding green infrastructure implementation for State, tribal, and local governments, tribal 

communities, and the private sector; and 

(2) the incorporation of green infrastructure into permitting 

and other regulatory programs, codes, and ordinance development, including the requirements under consent decrees and 

settlement agreements in enforcement actions. 

(d) GREEN INFRASTRUCTURE INFORMATION SHARING.—The Administrator shall promote green infrastructure information sharing, 

including through an Internet website, to share information with, 

and provide technical assistance to, State, tribal, and local governments, tribal communities, the private sector, and the public regarding green infrastructure approaches for— 

(1) reducing water pollution; 

(2) protecting water resources; 

(3) complying with regulatory requirements; and 

(4) achieving other environmental, public health, and community goals. 

SEC. ø519¿ 520. This Act may be cited as the ‘‘Federal Water Pollution Control Act’’ (commonly referred to as the Clean Water Act). 

* * * * * * * 

TITLE VI—STATE WATER POLLUTION CONTROL 

REVOLVING FUNDS 

SEC. 603. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

(a) * * * 

* * * * * * * 


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(d) TYPES OF ASSISTANCE.—Except as otherwise limited by State 

law and as provided in subsection (e), a water pollution control revolving fund of a State under this section may be used only- 

* * * * * * * 

(e) ADDITIONAL USE OF FUNDS.—A State may use an additional 

2 percent of the funds annually allotted to the State under this section for qualified nonprofit small treatment works technical assistance providers (as the term is defined in section 222) and qualified 

nonprofit medium treatment works technical assistance providers 

(as the term in defined in section 223) to provide technical assistance to small treatment works (as the term is defined in section 222) 

and medium treatment works (as the term is defined in section 223) 

in the State. 

ø(e)¿(f) LIMITATION TO PREVENT DOUBLE BENEFITS.— * * * 

* * * * * * * 

ø(f)¿(g) CONSISTENCY WITH PLANNING REQUIREMENTS.— * * * 

* * * * * * * 

ø(g)¿(h) PRIORITY LIST REQUIREMENT.— * * * 

* * * * * * * 

ø(h)¿(i) ELIGIBILITY OF NON-FEDERAL SHARE OF CONSTRUCTION

GRANT PROJECTS.— * * * 

* * * * * * * 

ø(i)ø(j) ADDITIONAL SUBSIDIZATION.— * * * 

* * * * * * * 

(k) ALTERNATIVE WASTEWATER SYSTEM CERTIFICATION.—In providing assistance from the water pollution control revolving fund of 

the State established in accordance with this title for a project for 

a wastewater system serving a population of not more than 2,500, 

the State shall ensure that an entity receiving assistance from the 

water pollution control revolving fund of the State certifies that the 

entity has considered an individual or shared onsite, decentralized 

wastewater system as an alternative wastewater system. 

* * * * * * * 

LONG ISLAND SOUND STEWARDSHIP ACT OF 2006 

* * * * * * * 

[33 U.S.C. 1269; PUBLIC LAW 109–359]

SEC 1. SHORT TITLE. * * * 

* * * * * * * 

SEC. 8. LONG ISLAND SOUND STEWARDSHIP ADVISORY COMMITTEE. 

(a) * * * 

* * * * * * * 

(g) Termination of Advisory Committee.-The Advisory Committee 

shall terminate on December 31, ø2011¿ 2021. (h) NONAPPLICABILITY OF FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to— 

(1) the Advisory Committee; or 


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(2) any board, committee, or other group established under 

this Act. 

SEC. 9. REPORTS. 

(a) Administrator.-The Administrator shall publish and make 

available to the public on the Internet and in paper form- 

* * * * * * * 

(b) Advisory Committee.- * * * 

* * * * * * * 

(1) Report.-For each of øfiscal years 2007 through 2011¿ fiscal years 2019 through 2021, the Advisory Committee shall 

submit to the Administrator and the decisionmaking body of 

the Long Island Sound Study Management Conference established under section 320 of the Federal Water Pollution Control Act (33 U.S.C. 1330), an annual report that contains- 

* * * * * * * 

SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

ø(a) In General.-There is authorized to be appropriated to the 

Administrator $25,000,000 for each of fiscal years 2007 through 

2011 to carry out this Act, including forø(1) acquisition of land and interests in land; 

ø(2) development and implementation of site management 

plans; 

ø(3) site enhancements to reduce threats or promote stewardship; and 

ø(4) administrative expenses of the Advisory Committee and 

the Administrator.¿ 

ø(b)¿ (a) Use of Funds.-Amounts made available to the Administrator øunder this section each¿ to carry out this Act for a fiscal 

year shall be used by the Administrator after reviewing the recommendations included in the annual reports of the Advisory Committee under section 9. 

ø(c)¿ (b) Authorization of Gifts, Devises, and Bequests for System.-In furtherance of the purpose of this Act, the Administrator 

may accept and use any gift, devise, or bequest of real or personal 

property, proceeds therefrom, or interests therein, to carry out this 

Act. Such acceptance may be subject to the terms of any restrictive 

or affirmative covenant, or condition of servitude, if such terms are 

considered by the Administrator to be in accordance with law and 

compatible with the purpose for which acceptance is sought. 

ø(d)¿ (c) Limitation on Administrative Costs.-Of the amount 

available each fiscal year to carry out this Act, not more than 8 

percent may be used for administrative costs. 

* * * * * * * 

WATER INFRASTRUCTURE FINANCE AND INNOVATION 

ACT OF 2014 

* * * * * * * 


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TITLE V—WATER INFRASTRUCTURE FINANCING 

Subtitle C—Innovative Financing Pilot Projects 

SEC. 5021. ø33 U.S.C. 3901 note¿ SHORT TITLE. 

This subtitle may be cited as the ‘‘Water Infrastructure Finance 

and Innovation Act of 2014’’. 

* * * * * * * 

SEC. 5023. ø33 U.S.C. 3902¿ AUTHORITY TO PROVIDE ASSISTANCE. 

(a) IN GENERAL.—The Secretary and the Administrator may provide financial assistance under this subtitle to carry out øpilot¿ 

projects, which shall be selected to ensure a diversity of project 

types and geographical locations. 

(b) RESPONSIBILITY.— (1) SECRETARY.—The Secretary shall carry out all øpilot¿ 

projects under this subtitle that are eligible projects under section 5026(1). 

(2) ADMINISTRATOR.—The Administrator shall provide financial assistance to carry out all øpilot¿ projects under this subtitle that are eligible projects under paragraphs (2), (3), (4), (5), 

(6), (7), and (9) of section 5026. 

* * * * * * * 

SEC. 5028. ø33 U.S.C. 3907¿ DETERMINATION OF ELIGIBILITY AND 

PROJECT SELECTION. 

(a) * * * 

* * * * * * * 

(1) Creditworthiness 

(A) * * * 

* * * * * * * 

(6) Operation and maintenance plan 

(A) In general * * * 

* * * * * * * 

(7) ALTERNATIVE WASTEWATER SYSTEM CERTIFICATION.—In 

the case of a project carried out by the Administrator, the Administrator shall ensure that, for a project for a wastewater system serving a population of not more than 2,500, the eligible entity receiving financial assistance certifies that the eligible entity has considered an individual or shared onsite, decentralized 

wastewater system as an alternative wastewater system. 

* * * * * * * 

SEC. 5033. ø33 U.S.C. 3912¿ FUNDING. 

(a) In general 

(a) IN GENERAL.—There is authorized to be appropriated to each 

of the Secretary and the Administrator to carry out this subtitle 

(other than section 5036), to remain available until expended— 

(1) * * * 

* * * * * * * 

(5) $50,000,000 øfor fiscal year 2019¿ for each of fiscal years 

2019 through 2021. (b) ADMINISTRATIVE COSTS.—Of the funds made available to 

carry out this subtitle (other than section 5036), the Secretary or 


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the Administrator, as applicable, may use for the administration of 

this subtitle (other than section 5036), including for the provision 

of technical assistance to aid project sponsors in obtaining the necessary approvals for the project, not more than $2,200,000 øfor 

each of fiscal years 2015 through 2019¿ for each of fiscal years 2015 

through 2021. 

* * * * * * * 

øSEC. 5034. ø33 U.S.C. 3913¿ REPORTS ON PILOT PROGRAM IMPLEMENTATION.¿ 

SEC. 5034. REPORTS ON PROGRAM IMPLEMENTATION. 

* * * * * * * 

SEC. 5035. ø33 U.S.C. 3914¿ REQUIREMENTS. 

(a) IN GENERAL.— * * * 

* * * * * * * 

SEC. 5036. INNOVATIVE FINANCING FOR STATE LOAN FUNDS. 

(a) DEFINITION OF STATE LOAN FUNDS.—In this section, the term 

‘State loan funds’ means— 

(1) State drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act (42 

U.S.C. 300j–12); and 

(2) State water pollution control revolving funds established 

under title VI of the Federal Water Pollution Control Act (33 

U.S.C. 1381 et seq.). 

(b) FINANCIAL ASSISTANCE TO STATE LOAN FUNDS.—The Administrator may provide financial assistance under this section to State 

infrastructure financing authorities for State loan funds to carry 

out water and wastewater infrastructure projects in accordance with 

this section. 

(c) ELIGIBLE ACTIVITIES.— 

(1) IN GENERAL.—The following activities may be carried out 

by a State infrastructure financing authority with financial assistance made available under this section: 

(A) One or more activities that are included in the intended use plan under section 606(c) of the Federal Water 

Pollution Control Act (33 U.S.C. 1386(c)). 

(B) One or more activities that are included in the project 

priority list of the intended use plan under section 1452(b) 

of the Safe Drinking Water Act (42 U.S.C. 300j–12(b)). 

(2) ADMINISTRATIVE COSTS.—Financial assistance provided 

under this section may be used to pay the reasonable costs of 

administration related to that financial assistance. 

(3) APPLICATION FEES.—Section 5029(b)(7) shall not apply to 

financial assistance made available under this section. 

(4) TREATMENT OF PROJECTS.—In determining whether to 

provide financial assistance under this section, the Administrator shall consider a project to be all of the activities included 

in an intended use plan described in subparagraph (A) or (B) 

of paragraph (1). 

(5) STATE AND LOCAL DECISIONMAKING.—A State infrastructure financing authority that receives financial assistance 

under this section may use the assistance for any activity inVerDate Sep 11 2014 07:16 Jul 15, 2018 Jkt 079010 PO 00000 Frm 00111 Fmt 6659 Sfmt 6601 E:\HR\OC\SR294.XXX SR294

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cluded in an intended use plan described in subparagraph (A) 

or (B) of paragraph (1). 

(d) REQUIREMENTS.— (1) IN GENERAL.—Except as otherwise provided in this section, the requirements and procedures under this subtitle shall 

apply to a project under this section. 

(2) INTEREST RATE.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), the interest rate on a secured loan provided under this 

section shall be equal to the yield on United States Treasury securities of a similar maturity to the maturity of the 

secured loan on the date of execution of the loan agreement. 

(B) CERTAIN STATES.— (i) IN GENERAL.—In the case of a State described in 

clause (ii)— 

(I) the interest rate on a secured loan provided 

under this section shall be 80 percent of the interest rate under subparagraph (A); but 

(II) if there is not sufficient demand for loans 

under this subparagraph (as determined by the 

Administrator), the Administrator may provide a 

secured loan at an interest rate that is not less 

than 50 percent and not more than 80 percent of 

the interest rate under subparagraph (A), as determined by the Administrator with respect to each 

loan. 

(ii) STATES DESCRIBED.—A State referred to in clause 

(i) is a State— 

(I) 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 funds made available to provide secured loans under this section— 

(I) 50 percent shall be provided for secured loans 

at the interest rate described in subparagraph (A); 

and 

(II) 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 reVerDate Sep 11 2014 07:16 Jul 15, 2018 Jkt 079010 PO 00000 Frm 00112 Fmt 6659 Sfmt 6601 E:\HR\OC\SR294.XXX SR294

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allocate the amounts to be used for loans described in 

either of subclause (I) or (II) 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— 

(i) title VI of the Federal Water Pollution Control Act 

(33 U.S.C. 1381 et seq.); 

(ii) section 1452 of the Safe Drinking Water Act (42 

U.S.C. 300j–12); 

(iii) section 35.3140 of title 40, Code of Federal Regulations (or successor regulations); and 

(iv) section 35.3580 of title 40, Code of Federal Regulations (or successor regulations). 

(B) NO NEW REVIEWS REQUIRED.—Nothing in this section 

requires any additional or new environmental or engineering review for a project under this section other than any 

requirement otherwise applicable to the project. 

(4) FEDERAL SHARE.—Notwithstanding section 5029(b)(9), financial assistance for a project under this section may be used 

to pay up to 100 percent of the costs of the project. 

(5) LIMITATION ON LOANS UNDER MULTIPLE PROGRAMS.— (A) IN GENERAL.—A State infrastructure financing authority— 

(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) WITHDRAWAL; TIMING.— (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) TIMING.—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 section) have been 

made. 

(e) EXPEDITED REVIEW OF APPLICATIONS.—Not later than 180 

days after the date on which the Administrator receives a complete 

application for a project under this section, the Administrator shall, 

through a written notice to the State infrastructure financing authority— 

(1) approve the application; or 

(2) provide detailed guidance and an explanation of any 

changes to the application necessary for approval of the application. 

(f) FUNDING.— 

(1) AUTHORIZATION OF APPROPRIATIONS.— 


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(A) IN GENERAL.—There is authorized to be appropriated 

to the Administrator to carry out this section $100,000,000 

for each of fiscal years 2019 and 2020, to remain available 

until expended. 

(B) SENSE OF CONGRESS.—It is the sense of Congress that 

the amounts authorized to be appropriated to carry out this 

section will support, for each fiscal year— 

(i) $5,000,000,000 in secured loans at the interest 

rate described in subsection (d)(2)(A); and 

(ii) $425,000,000 in secured loans at the interest rate 

described in subsection (d)(2)(B)(i). 

(2) ADMINISTRATIVE COSTS.— 

(A) IN GENERAL.—Of the funds made available to carry 

out this section, the Administrator may use for the administration of this section, including for the provision of technical assistance to aid State infrastructure financing authorities in obtaining the necessary approvals for eligible 

activities, not more than $5,000,000 for each of fiscal years 

2019 and 2020. 

(B) FEE WAIVERS.— 

(i) IN GENERAL.—Of the funds made available to 

carry out this section, the Administrator may use for 

costs related to processing and reviewing applications, 

including underwriting, such amounts as are necessary 

for each of fiscal years 2019 and 2020, to remain available until expended. 

(ii) OTHER FEES.—The funds under clause (i) shall be 

used in lieu of fees collected under section 5030(b). 

(3) NO IMPACT ON OTHER FEDERAL FUNDING.—No funds shall 

be made available to carry out this section if— 

(A) the total amount made available for a fiscal year for 

the State loan funds is less than the total amount made 

available for those funds for fiscal year 2018; and 

(B) the amount made available for a fiscal year for assistance under this subtitle (other than this section) is less 

than the amount made available for that assistance for fiscal year 2018. 

(4) SUPPLEMENT, NOT SUPPLANT.—Amounts made available to 

carry out this section shall be used to supplement, and not supplant— 

(A) funds made available to carry out this subtitle (other 

than this section); 

(B) funds made available to carry out section 1452 of the 

Safe Drinking Water Act (42 U.S.C. 300j–12); and 

(C) funds made available to carry out title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.). 

(g) DISTRIBUTION AND ALLOTMENT OF FUNDS.— 

(1) DISTRIBUTION OF FUNDS.—In determining the distribution 

of amounts between the State loan funds, the Administrator 

shall— 

(A) provide financial assistance based on need; and 

(B) give equal consideration to drinking water projects 

and wastewater projects. 


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(2) ALLOTMENT.—Notwithstanding section 5028(b), in providing financial assistance under this section, the Administrator shall— 

(A) for each fiscal year, ensure that each State infrastructure financing authority that submits an application under 

this section for a project described in subparagraph (A) or 

(B) of subsection (c)(1) receives financial assistance under 

this section; but 

(B) provide financial assistance under subparagraph (A) 

in amounts based on need, as determined by the Administrator. 

(h) TRANSPARENCY.— (1) IN GENERAL.—For each fiscal year, the Administrator 

shall make available on the website of the Administrator— 

(A) a list of each application received under this section; 

(B) a list of each application approved under this section; 

(C) the criteria and methods used for selection of projects 

under this section; and 

(D) the terms of the financial assistance provided for 

each project under this section. 

(2) REPORT.—Not later than 180 days after the date on which 

the Administrator first provides financial assistance for a 

project under this section and each year thereafter, the Administrator shall submit to the Committee on Environment and 

Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a detailed report that includes— 

(A) the information described in subparagraphs (A) 

through (D) of paragraph (1); and 

(B) a detailed explanation of why each project was approved. 

(i) SUNSET.—The authority to provide assistance under this section shall terminate on September 30, 2020. 

* * * * * * * 

SAFE DRINKING WATER ACT-(TITLE XIV OF PUBLIC 

HEALTH SERVICE ACT) 

* * * * * * * 

TITLE XIV—SAFETY OF PUBLIC WATER SYSTEMS 

SEC. 1400. This title may be cited as the ‘‘Safe Drinking Water Act’’. 

PART A—DEFINITIONS * * * 

* * * * * * * 

PART E—GENERAL PROVISIONS

SEC. 1452. (a) GENERAL AUTHORITY.— * * * 

* * * * * * * 

(1) GRANTS TO STATES TO ESTABLISH STATE LOAN FUNDS.— 

(A) IN GENERAL.— * * * 

* * * * * * * 

(4) AMERICAN IRON AND STEEL PRODUCTS.— 


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(A) IN GENERAL.—øDuring fiscal year 2017, funds¿ 

Funds made available from a State loan fund established 

pursuant to this section 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. 

* * * * * * * 

(k) OTHER AUTHORIZED ACTIVITIES.— 

(1) IN GENERAL.—Notwithstanding subsection (a)(2), a State 

may take each of the following actions: 

(A) * * * 

* * * * * * * 

(D) Make expenditures from the fund for the establishment and implementation of wellhead protection programs 

under section 1428 and the implementation of plans to protect source water identified in a source water assessment 

under section 1453. 

* * * * * * * 

(2) * * * 

* * * * * * * 

(A) * * * 

* * * * * * * 

(E) To make expenditures to establish and implement 

wellhead protection programs and implement plans to protect source water identified in a source water assessment 

under section 1453 pursuant to paragraph (1)(D). 

(r) EVALUATION.— * * * 

* * * * * * * 

(s) NEGOTIATION OF CONTRACTS.—For communities with populations of more than 10,000 individuals, a contract to be carried out 

using funds directly made available by a capitalization grant under 

this section for program management, construction management, 

feasibility studies, preliminary engineering, design, engineering, 

surveying, mapping, or architectural or related services shall be negotiated in the same manner as— 

(1) a contract for architectural and engineering services is negotiated under chapter 11 of title 40, United States Code; or 

(2) an equivalent State qualifications-based requirement (as 

determined by the Governor of the State). 

* * * * * * * 

SEC. 1459B. REDUCING LEAD IN DRINKING WATER. 

(a) DEFINITIONS.— * * * 

* * * * * * * 

SEC. 1459C. STUDY ON INTRACTABLE WATER SYSTEMS. 

(a) DEFINITION OF INTRACTABLE WATER SYSTEM.—In this section, 

the term ‘intractable water system’ means a community water system or a noncommunity water system— 

(1) that serves fewer than 1,000 individuals; and 

(2) the owner or operator of which— 


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(A) is unable or unwilling to provide safe and adequate 

service to those individuals; 

(B) has abandoned or effectively abandoned the community water system or noncommunity water system, as applicable; 

(C) has defaulted on a financial obligation relating to the 

community water system or noncommunity water system, 

as applicable; 

(D) fails to maintain the facilities of the community 

water system or noncommunity water system, as applicable, 

in a manner so as to prevent a potential public health hazard; or 

(E) is in significant noncompliance with this Act or any 

regulation promulgated pursuant to this Act. 

(b) STUDY REQUIRED.— (1) IN GENERAL.—Not later than 2 years after the date of enactment of this section, the Administrator, in consultation with 

the Secretary of Agriculture and the Secretary of Health and 

Human Services, shall complete a study that— 

(A) identifies intractable water systems; and 

(B) describes barriers to delivery of potable water to individuals served by an intractable water system. 

(2) REPORT TO CONGRESS.—Not later than 2 years after the 

date of enactment of this section, the Administrator shall submit to Congress a report describing findings and recommendations based on the study under this subsection. 

(c) COMPLIANCE INCENTIVE.—Section 1414(h)(2) shall apply to 

any person carrying out a plan to address an intractable water system that is approved by— 

(1) in the case of a State with primary enforcement responsibility under section 1413, the State; or 

(2) in the case of a State that does not have primary enforcement responsibility, the Administrator. 

PART F—ADDITIONAL REQUIREMENTS TO REGULATE THE SAFETY OF

DRINKING WATER

SEC. 1461. As used in this part— 

(1) DRINKING WATER COOLER.— * * * 

* * * * * * * 

PART G—ADDITIONAL PROVISIONS 

SEC. 1471. WATERSENSE PROGRAM. 

(a) ESTABLISHMENT OF WATERSENSE PROGRAM.— 

(1) IN GENERAL.—There is established within the Agency a 

voluntary WaterSense program to identify and promote waterefficient products, buildings, landscapes, facilities, processes, 

and services that, through voluntary labeling of, or other forms 

of communications regarding, products, buildings, landscapes, 

facilities, processes, and services while meeting strict performance criteria, sensibly— 

(A) reduce water use; 

(B) reduce the strain on public and community water systems and wastewater and stormwater infrastructure; 


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(C) conserve energy used to pump, heat, transport, and 

treat water; and 

(D) preserve water resources for future generations. 

(2) INCLUSIONS.—The Administrator shall, consistent with 

this section, identify water-efficient products, buildings, landscapes, facilities, processes, and services, including categories 

such as— 

(A) irrigation technologies and services; 

(B) point-of-use water treatment devices; 

(C) plumbing products; 

(D) reuse and recycling technologies; 

(E) landscaping and gardening products, including moisture control or water enhancing technologies; 

(F) xeriscaping and other landscape conversions that reduce water use; 

(G) whole house humidifiers; and 

(H) water-efficient buildings or facilities. 

(b) DUTIES.—The Administrator, coordinating as appropriate with 

the Secretary of Energy, shall— 

(1) establish— 

(A) a WaterSense label to be used for items meeting the 

certification criteria established in accordance with this 

section; and 

(B) the procedure, including the methods and means, and 

criteria by which an item may be certified to display the 

WaterSense label; 

(2) enhance public awareness regarding the WaterSense label 

through outreach, education, and other means; 

(3) preserve the integrity of the WaterSense label by— 

(A) establishing and maintaining feasible performance 

criteria so that products, buildings, landscapes, facilities, 

processes, and services labeled with the WaterSense label 

perform as well or better than less water-efficient counterparts; 

(B) overseeing WaterSense certifications made by third 

parties, which shall be independent third-party product certification bodies accredited by an accreditation entity domiciled in the United States, such as the American National 

Standards Institute, as achieving— 

(i) the requirements described in the document of the 

International Organization for Standardization and 

the International Electrotechnical Commission entitled 

‘ISO/IEC 17065 Conformity assessment—Requirements for bodies certifying products, processes and 

services’ and dated September 2012; and 

(ii) the applicable WaterSense requirements; 

(C) as determined appropriate by the Administrator, 

using testing protocols, from the appropriate, applicable, 

and relevant consensus standards, for the purpose of determining standards compliance; and 

(D) auditing the use of the WaterSense label in the marketplace and preventing cases of misuse; 

(4) not more frequently than every 6 years after adoption or 

major revision of any WaterSense specification, review and, if 


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appropriate, revise the specification to achieve additional water 

savings; 

(5) in revising a WaterSense specification— 

(A) provide reasonable notice to interested parties and the 

public of any changes, including effective dates, and an explanation of the changes; 

(B) solicit comments from interested parties and the public prior to any changes; 

(C) as appropriate, respond to comments submitted by interested parties and the public; and 

(D) provide an appropriate transition time prior to the 

applicable effective date of any changes, taking into account 

the timing necessary for the manufacture, marketing, training, and distribution of the specific water-efficient product, 

building, landscape, process, or service category being addressed; and 

(6) not later than December 31, 2019, consider for review and 

revision any WaterSense specification adopted before January 

1, 2012. 

(c) TRANSPARENCY.—The Administrator shall, to the maximum 

extent practicable and not less than annually, regularly estimate 

and make available to the public savings of water, energy, and capital costs of water, wastewater, and stormwater attributable to the 

use of WaterSense-labeled products, buildings, landscapes, facilities, 

processes, and services. 

(d) DISTINCTION OF AUTHORITIES.—In setting or maintaining 

specifications for Energy Star pursuant to section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a), and 

WaterSense under this section, the Secretary of Energy and the Administrator shall coordinate to prevent duplicative or conflicting requirements among the respective programs. 

(e) NO WARRANTY.—A WaterSense label shall not create an express or implied warranty. 

* * * * * * * 

THE WATER RESOURCES RESEARCH ACT OF 1984 

* * * * * * * 

SEC. 102. CONGRESSIONAL FINDINGS AND DECLARATIONS 

The Congress finds and declares that- 

(1) * * * 

* * * * * * * 

(6) * * * 

* * * * * * * 

(7) additional research is required into increasing the effectiveness and efficiency of new and existing treatment works 

through alternative approaches, including— 

(A) nonstructural alternatives; 

(B) decentralized approaches; 

(C) energy use efficiency; 

(D) water use efficiency; and 

(E) actions to extract energy from wastewater; 

ø(7)¿ (8) the Nation must provide programs to strengthen research and associated graduate education because the pool of 


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scientists, engineers, and technicians trained in fields related 

to water resources constitutes an invaluable natural resource 

which should be increased, fully utilized, and regularly replenished; øand ¿ 

ø(8)¿ (9) long-term planning and policy development are essential to ensure the availability of an abundant supply of high 

quality water for domestic and other uses; and 

ø(9)¿ (10) the States must have the research and problemsolving capacity necessary to effectively manage their water resources. 

* * * * * * * 

SEC. 104. WATER RESOURCES RESEARCH AND TECHNOLOGY INSTITUTES 

(a) * * * 

* * * * * * * 

(b) * * * 

* * * * * * * 

(1) * * * 

* * * * * * * 

(B) * * * 

* * * * * * * 

(ii) expand understanding of water and øwater-related phenomena¿ water resources; 

* * * * * * * 

(D) the dissemination of research results to water managers and the publicø.¿ ; and 

* * * * * * * 

ø(c) Grants; matching funds.—From the¿ 

(c) GRANTS.— 

(1) IN GENERAL.—From the sums appropriated pursuant to 

subsection (f) of this section, the Secretary shall make grants 

to each institute to be matched on a basis of no less than 2 

non-Federal dollars for every 1 Federal dollar, such sums to be 

used only for the reimbursement of the direct cost expenditures 

incurred for the conduct of the water resources research program. 

(2) REPORT.—Not later than December 31 of each fiscal year, 

the Secretary shall submit to the Committee on Environment 

and Public Works of the Senate, the Committee on the Budget 

of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on the 

Budget of the House of Representatives a report regarding the 

compliance of each funding recipient with this subsection for 

the immediately preceding fiscal year. 

(d) SUBMISSION AND APPROVAL OF WATER RESEARCH PROGRAM; 

REQUISITE ASSURANCES.— * * * 

* * * * * * * 

ø(e) EVALUATION OF WATER RESOURCES RESEARCH PROGRAM.— 

The Secretary shall conduct a careful and detailed evaluation of 

each institute at least once every 3 years to determine that the 


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quality and relevance of its water resources research and its effectiveness at producing measured results and applied water supply 

research as an institution for planning, conducting, and arranging 

for research warrants its continued support under this section. If, 

as a result of any such evaluation, the Secretary determines that 

an institute does not qualify for further support under this section, 

then no further grants to the institute may be made until the institute’s qualifications are reestablished to the satisfaction of the Secretary.¿ 

(e) EVALUATION OF WATER RESOURCES RESEARCH PROGRAM.— 

(1) IN GENERAL.—The Secretary shall conduct a careful and 

detailed evaluation of each institute at least once every 3 years 

to determine— 

(A) the quality and relevance of the water resources research of the institute; 

(B) the effectiveness of the institute at producing measured results and applied water supply research; and 

(C) whether the effectiveness of the institute as an institution for planning, conducting, and arranging for research 

warrants continued support under this section. 

(2) PROHIBITION ON FURTHER SUPPORT.—If, as a result of an 

evaluation under paragraph (1), the Secretary determines that 

an institute does not qualify for further support under this section, no further grants to the institute may be provided until the 

qualifications of the institute are reestablished to the satisfaction of the Secretary. 

(f) AUTHORIZATION OF APPROPRIATIONS IN GENERAL.— 

(1) There is authorized to be appropriated to carry out this 

section, to remain available until expended, ø$12,000,000 for 

each of fiscal years 2007 through 2011¿ $7,500,000 for each of 

fiscal years 2019 through 2021. 

* * * * * * * 

(g) ADDITIONAL APPROPRIATIONS WHERE RESEARCH FOCUSED ON

WATER PROBLEMS OF INTERSTATE NATURE.— 

(1) There is further authorized to be appropriated to the Secretary of the Interior the sum of ø$6,000,000 for each of fiscal 

years 2007 through 2011¿ $1,500,000 for each of fiscal years 

2019 through 2021. only for reimbursement of the direct cost 

expenses of additional research or synthesis of the results of 

research by institutes which focuses on water problems and 

issues of a regional or interstate nature beyond those of concern only to a single State and which relate to specific program 

priorities identified jointly by the Secretary and the institutes. 

Such funds when appropriated shall be matched on a not less 

than dollar-for-dollar basis by funds made available to institutes or groups of institutes, by States or other non-Federal 

sources. Funds made available under this subsection shall remain available until expended. 

* * * * * * * 

CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT 

* * * * * * * 


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SEC. 102. ø7 U.S.C. 1911¿ (a) * * * 

* * * * * * * 

SEC. 306. ø7 U.S.C. 1926¿ (a)(1) * * * 

* * * * * * * 

(26) ESSENTIAL COMMUNITY FACILITIES TECHNICAL ASSISTANCE AND TRAINING.— 

(A) IN GENERAL.— * * * 

* * * * * * * 

(27) ALTERNATIVE WASTEWATER SYSTEM CERTIFICATION.—The 

Secretary shall ensure that, for a wastewater project serving a 

population of not more than 2,500, the recipient of the financial 

assistance certifies that the recipient has considered an individual or shared onsite, decentralized wastewater system as an 

alternative wastewater system. 

* * * * * * * 

Æ 


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