II 

115TH CONGRESS 

2D SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

MAY 8, 2018 

Mr. BARRASSO (for himself, Mr. CARPER, Mr. INHOFE, and Mr. CARDIN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘America’s Water Infrastructure Act of 2018’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—GENERAL PROVISIONS 

Sec. 1001. Corps budgeting. 

Sec. 1002. National Academy studies. 

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

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

projects. 

Sec. 1005. Non-Federal sponsor reimbursements. 

Sec. 1006. Challenge cost-sharing program for the management of recreation 

facilities. 

Sec. 1007. Cost estimates. 

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

Sec. 1009. Project partnership agreements. 

Sec. 1010. Study and report on expediting certain waiver processes. 

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

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

Sec. 1013. Advanced funds for water resources development studies and 

projects. 

Sec. 1014. Implementation guidance. 

Sec. 1015. Implementation guidance for this Act. 

Sec. 1016. Easements for certain rural electric, telephone, and broadband service facilities. 

Sec. 1017. Corps capabilities. 

Sec. 1018. Project authorization funding lines. 

Sec. 1019. Consolidation of studies; report. 

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

Sec. 1021. Reports to Congress. 

Sec. 1022. Disposition studies. 

Sec. 1023. Natural infrastructure. 

Sec. 1024. Watercraft inspection stations. 

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

Sec. 1026. Project studies subject to independent peer review. 

Sec. 1027. Expedited consideration. 

Sec. 1028. WIFIA study. 

Sec. 1029. Enhanced development demonstration program. 

Sec. 1030. Duplication of efforts. 

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

projects. 

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

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

projects by non-Federal interests. 

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

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

habitat connectivity in ecosystem restoration. 

Sec. 1036. Alterations to local flood control projects. 

TITLE II—STUDIES, MODIFICATIONS, AND PROJECT 

AUTHORIZATIONS 

Subtitle A—Studies 

Sec. 2001. Authorization of proposed feasibility studies. 

Sec. 2002. Lower Missouri River Bank stabilization and navigation. 


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Subtitle B—Deauthorizations, Modifications, and Related Provisions 

Sec. 2101. Savannah Harbor expansion project. 

Sec. 2102. Deauthorization of Svensen Island. 

Sec. 2103. Whittier Narrows study. 

Sec. 2104. West Tennessee tributaries project, Tennessee. 

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

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

Florida. 

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

England evacuation routes. 

Sec. 2108. Boston Harbor reserved channel deauthorizations. 

Sec. 2109. Project deauthorization and study extensions. 

Sec. 2110. Deauthorization of inactive studies. 

Subtitle C—Water Resources Infrastructure 

Sec. 2201. Project authorizations. 

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

Sec. 2203. Environmental infrastructure projects. 

Sec. 2204. Conditional reauthorization of environmental projects. 

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

Sec. 2206. Sense of Congress relating to Coastal Texas study. 

Subtitle D—Expedited and Modified Studies and Projects 

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

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

Sec. 2303. Certain projects in Rhode Island. 

Sec. 2304. Cedar River, Iowa. 

Sec. 2305. Plymouth Harbor, Massachusetts. 

Sec. 2306. Brandon Road study. 

Sec. 2307. Central Everglades Planning Project. 

Sec. 2308. Portsmouth Harbor and Piscataqua River. 

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

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

Sec. 2311. McCook Reservoir, Illinois. 

Sec. 2312. Baptiste Collette Bayou study, Louisiana. 

Sec. 2313. Morganza to the Gulf, Louisiana. 

Sec. 2314. Louisiana Coastal Area. 

Sec. 2315. Louisiana Coastal Area–Barataria Basin Barrier. 

Sec. 2316. West Shore Lake Pontchartrain, Louisiana. 

Sec. 2317. Southwest Coastal Louisiana. 

Sec. 2318. New York–New Jersey Harbor and Tributaries feasibility study. 

Sec. 2319. Lower Brule shoreline stabilization project. 

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

Sec. 2321. New Jersey and Delaware Back Bays Coastal Storm Risk Management. 

Sec. 2322. Minnesota locks and dams divestment study. 

TITLE III—PRIMARY CORPS OF ENGINEERS ACTIVITIES 

Subtitle A—Continuing Authorities Programs 

Sec. 3001. Corps of Engineers continuing authorities program. 

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


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Sec. 3003. Report relating to availability of prioritized CAP projects. 

Subtitle B—Navigation 

PART I—INLAND WATERWAYS

Sec. 3101. GAO study on navigation and ecosystem sustainability program. 

PART II—PORTS AND HARBORS

Sec. 3111. Authorization of appropriations for purchase of hopper dredge. 

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

Sec. 3113. Hopper dredge and mat sinking unit. 

Sec. 3114. Sense of Congress relating to Kennebec River Federal navigation 

channel. 

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

Sec. 3116. Port of Arlington. 

Sec. 3117. Pearl River Basin demonstration program. 

Sec. 3118. Expedited initiation. 

PART III—MISCELLANEOUS PROVISIONS

Sec. 3121. Report on debris removal. 

Sec. 3122. Cape Arundel Disposal Site, Maine. 

Sec. 3123. Delaware River navigation project. 

Sec. 3124. Sense of Congress relating to erosion on the banks of the Ohio River 

near Clarksville, Indiana. 

Subtitle C—Locks, Dams, Levees, and Dikes 

Sec. 3201. Certain levee improvements. 

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

Sec. 3203. Non-Federal dams. 

Sec. 3204. Reauthorization of National Dam Safety Program Act. 

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

safety repair projects. 

Sec. 3206. Reauthorization of national levee safety program. 

Sec. 3207. Reauthorization of lock operations pilot program. 

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

Sec. 3209. Certain Bureau of Reclamation dikes. 

Sec. 3210. Rehabilitation of high-hazard potential dams. 

Sec. 3211. Maintenance of high risk flood control projects. 

Subtitle D—Water Supply 

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

available for use. 

Sec. 3302. Pricing of water storage contracts. 

Sec. 3303. Report on water supply contract, Wright Patman Lake, Texas. 

Sec. 3304. Sense of Congress relating to Wright Patman Lake, Sulphur River 

Basin, Texas. 

Sec. 3305. City reservoir expansion pilot program. 

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

Montana, rural Nevada, New Mexico, rural Utah, and Wyoming. 

Subtitle E—Sediment Management 


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Sec. 3401. Missouri River reservoir sediment management. 

Sec. 3402. Reservoir sediment. 

Sec. 3403. Regional sediment management. 

Subtitle F—Flood Risk Management 

Sec. 3501. Ice jam prevention and mitigation. 

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

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

areas. 

Sec. 3504. Missouri River and tributaries at Kansas Cities, Missouri and Kansas. 

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. 

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

infrastructure repairs. 

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

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

Sec. 3605. Great Lakes Restoration Initiative. 

Sec. 3606. Great Lakes Coastal Resiliency study. 

Sec. 3607. Special rule for beach nourishment. 

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

Sec. 3609. Snake River Basin flood prevention action plan. 

Sec. 3610. Authorization of appropriations for Columbia River Basin restoration. 

Subtitle H—Environmental Management 

Sec. 3701. Reauthorization of Rio Grande environmental management program. 

Sec. 3702. Amendments to Long Island Sound programs. 

Sec. 3703. Sense of Congress relating to the Can ̃o Martı ́n Pen ̃a ecosystem restoration project. 

Subtitle I—Tribal Programs 

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

Indian Tribes. 

Sec. 3802. Tribal Partnership Program. 

Sec. 3803. Blackfeet water rights settlement. 

Sec. 3804. Bonneville Dam, Oregon. 

Sec. 3805. John Day Dam, Oregon. 

Sec. 3806. Dalles Dam, Oregon. 

Sec. 3807. Indian irrigation fund reauthorization. 

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

Indian irrigation projects. 

Sec. 3809. Indian dam safety reauthorization. 

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

TITLE IV—SENSE OF CONGRESS RELATING TO CERTAIN 

PROJECTS 

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

TITLE V—EPA-RELATED PROVISIONS 


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Sec. 5001. Stormwater infrastructure funding task force. 

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

Act. 

Sec. 5003. Indian reservation drinking water and wastewater pilot program. 

Sec. 5004. Technical assistance for treatment works. 

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

Sec. 5006. Water infrastructure flexibility. 

Sec. 5007. Water Resources Research Act amendments. 

Sec. 5008. Study on intractable water systems. 

Sec. 5009. National onsite wastewater recycling. 

Sec. 5010. Water infrastructure and workforce investment. 

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

Sec. 5012. GAO study on WIFIA projects in small communities, rural communities, disadvantaged communities, and Tribal communities. 

1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of the Army. 

4 TITLE I—GENERAL PROVISIONS 

5 SEC. 1001. CORPS BUDGETING. 

6 (a) PURPOSES.—The purposes of this section are— 

7 (1) to require the Corps of Engineers to provide 

8 a budget on a 5-year basis, allowing for— 

9 (A) districts of the Corps of Engineers to 

10 manage projects and initiatives of regional, 

11 Tribal, and local significance; and 

12 (B) the headquarters office of the Corps of 

13 Engineers to manage projects and initiatives of 

14 national significance; 

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

16 for each district of the Corps of Engineers and to 

17 give responsibility to those districts to develop and 

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

19 and 


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

2 and stakeholder input in the process to improve 

3 budgeting of activities by the Secretary. 

4 (b) DEFINITIONS.—In this section: 

5 (1) ASSISTANT SECRETARY.—The term ‘‘Assist6 ant Secretary’’ means the Assistant Secretary of the 

7 Army for Civil Works. 

8 (2) COM ACCOUNTS.— 

9 (A) IN GENERAL.—The term ‘‘COM ac10 counts’’ means— 

11 (i) the Civil Works Program Con12 struction appropriations account of the 

13 Secretary; and 

14 (ii) the Civil Works Program Oper15 ation and Maintenance appropriations ac16 count of the Secretary. 

17 (B) INCLUSION.—The term ‘‘COM ac18 counts’’ includes the portions of the Civil Works 

19 Program Mississippi River and Tributaries ap20 propriations account of the Secretary specifi21 cally relating to— 

22 (i) construction; or 

23 (ii) operations and maintenance. 


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1 (3) COST-SHARE PARTNER.—The term ‘‘cost2 share partner’’ means a non-Federal government 

3 agency or other entity that is legally obligated— 

4 (A) to participate in project plan develop5 ment; or 

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

7 plan development or project implementation. 

8 (4) DISTRICT 5-YEAR BUDGET AND WORK

9 PLAN.—The term ‘‘district 5-year budget and work 

10 plan’’ means a report by an appropriate District En11 gineer under subsection (e) that— 

12 (A) includes— 

13 (i) the district work plan for the fiscal 

14 year; and 

15 (ii) the district budget proposal for 

16 the 4-year period following the fiscal year 

17 to fund increments of work within the ju18 risdiction of the district; 

19 (B) is based on— 

20 (i) an allocation provided for a fiscal 

21 year; and 

22 (ii) estimates based on the allocation 

23 under clause (i), assuming an annual 

24 growth rate of 2 percent; and 

25 (C) contains— 


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1 (i) a list of projects and initiatives of 

2 regional, Tribal, or local significance to be 

3 carried out through the COM account; 

4 (ii) a list of studies that the District 

5 Engineer determines would potentially pro6 vide value to the United States to be car7 ried out through the Investigations ac8 count; and 

9 (iii) a list of projects and initiatives of 

10 national significance to be carried out 

11 through the COM accounts, if the project 

12 or initiative is selected to be carried out. 

13 (5) GOVERNMENT AGENCIES.—The term ‘‘gov14 ernment agencies’’ means Federal and non-Federal 

15 government agencies that can provide authority, ex16 pertise, or funding, in cases in which the Secretary 

17 has limited authority or in which the government 

18 agency can assist in developing a project alternative, 

19 to collaborate on projects and plans relating to— 

20 (A) flood damage reduction and risk man21 agement; 

22 (B) reliable water supply; and 

23 (C) other business lines. 

24 (6) HEADQUARTERS 5-YEAR BUDGET AND

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1 et and work plan’’ means a report by the Chief of 

2 Engineers under subsection (d) that— 

3 (A) includes— 

4 (i) the Corps of Engineers work plan 

5 for the fiscal year; and 

6 (ii) the Corps of Engineers budget 

7 proposal for the 4-year period following the 

8 fiscal year to fund increments of work to 

9 be carried out that is considered to be of 

10 regional, Tribal, or local significance; and 

11 (B) is based on— 

12 (i) an amount provided for the fiscal 

13 year through an appropriations Act; and 

14 (ii) estimates based on the amount 

15 under clause (i), assuming an annual 

16 growth rate of 2 percent. 

17 (7) INTEGRATED WATER RESOURCE MANAGE18 MENT.—The term ‘‘integrated water resource man19 agement’’ means a holistic and mission-integrated 

20 process that— 

21 (A) focuses on water resources challenges 

22 and opportunities; and 

23 (B) promotes collaboration with cost-share 

24 partners, relevant government agencies, and 

25 stakeholders for coordinated development and 


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1 active management of water and related re2 sources— 

3 (i) to align authorities and funding; 

4 (ii) to provide opportunities for infor5 mation sharing; and 

6 (iii) to support complementary and in7 tegrated solutions to problems across Fed8 eral and non-Federal boundaries to deliver 

9 value to the United States based on re10 gional, Tribal, or local benefits. 

11 (8) INVESTIGATIONS ACCOUNT.— 

12 (A) IN GENERAL.—The term ‘‘Investiga13 tions account’’ means the Civil Works Program 

14 Investigations appropriations account of the 

15 Secretary. 

16 (B) INCLUSION.—The term ‘‘Investigations 

17 account’’ includes the portions of the Civil 

18 Works Program Mississippi River and Tribu19 taries appropriations account of the Secretary 

20 specifically relating to investigations. 

21 (9) PROJECT.—The term ‘‘project’’ means any 

22 project, program, or activity carried out by the 

23 Corps of Engineers. 

24 (10) PROJECT OR INITIATIVE OF NATIONAL

25 SIGNIFICANCE.—The term ‘‘project or initiative of 


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1 national significance’’ means a Corps of Engineers 

2 activity that— 

3 (A) provides value to the United States; 

4 and 

5 (B) satisfies the economic analysis or as6 sumption and other legal and policy require7 ments, including the benefit-cost ratio, for po8 tential inclusion in the budget transmitted 

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

10 Code. 

11 (11) PROJECT OR INITIATIVE OF REGIONAL, 

12 TRIBAL, OR LOCAL SIGNIFICANCE.—The term 

13 ‘‘project or initiative of regional, Tribal, or local sig14 nificance’’ means a Corps of Engineers activity 

15 that— 

16 (A) provides value to the United States; 

17 but 

18 (B) does not satisfy the requirements to be 

19 considered a project or initiative of national sig20 nificance. 

21 (12) VALUE TO THE UNITED STATES.—The 

22 term ‘‘value to the United States’’, with respect to 

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

24 Tribe, or a locality, means— 


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1 (A) the enhancement or stabilization of the 

2 regional, Tribal, or local economy; 

3 (B) the restoration or protection of the re4 gional, Tribal, or local environment; or 

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

6 general welfare to maintain or improve the 

7 quality of life of the people of the United 

8 States. 

9 (13) WORK PLAN PROCESS.—The term ‘‘work 

10 plan process’’ means the process used by the Sec11 retary and the Chief of Engineers on the date of en12 actment of this Act by which funds that are not allo13 cated to a specified project in an appropriations Act 

14 (including the statement of managers for such an 

15 Act) are subdivided into various categories within 

16 the areas of— 

17 (A) navigation; 

18 (B) flood risk management; and 

19 (C) other authorized project purposes. 

20 (c) BUDGET RECOMMENDATIONS BY SECRETARY.— 

21 (1) IN GENERAL.—Not less frequently than 

22 once each fiscal year, the Secretary shall make rec23 ommendations to Congress on the date that the 

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

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1 propriation of amounts for that fiscal year in each 

2 of the major business lines for the Investigations ac3 count and the COM accounts for allocation to each 

4 district of the Corps of Engineers, for use by— 

5 (A) the District Engineer; and 

6 (B) the civilian Deputy District Engineer 

7 for Programs and Project Management. 

8 (2) EFFECT OF SUBSECTION.—Except as spe9 cifically provided in this subsection, nothing in this 

10 subsection affects any other appropriations account 

11 of the Secretary, including— 

12 (A) the Regulatory appropriations account; 

13 (B) the Ecosystem Restoration appropria14 tions account; 

15 (C) the Expenses appropriations account; 

16 (D) the Formerly Utilized Sites Remedial 

17 Action Program appropriations account; 

18 (E) the Flood Control and Coastal Emer19 gencies appropriations account; 

20 (F) the Office of the Assistant Secretary of 

21 the Army for Civil Works appropriations ac22 count; 

23 (G) the revolving fund established by sec24 tion 101 of the Civil Functions Appropriations 

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


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1 (H) the automation development program 

2 pursuant to House Report 103–135, accom3 panying the Energy and Water Development 

4 Appropriations Act, 1996 (Public Law 104–46; 

5 109 Stat. 402). 

6 (d) HEADQUARTERS 5-YEAR BUDGET AND WORK

7 PLAN.—Not less frequently than once each fiscal year, on 

8 the date that the budget is transmitted under section 

9 1105(a) of title 31, United States Code, the Secretary 

10 shall submit to Congress the headquarters 5-year budget 

11 and work plan. 

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

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

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

15 transmitted under section 1105(a) of title 31, 

16 United States Code, each District Engineer and ci17 vilian Deputy District Engineer for Programs and 

18 Project Management shall submit to Congress a dis19 trict 5-year budget and work plan. 

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

21 work plan under paragraph (1)— 

22 (A) may include any project under the ju23 risdiction of the applicable District Engineer 

24 that is not included in the budget transmitted 


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

2 Code; and 

3 (B) shall prioritize the projects based on 

4 the value to the United States of each project. 

5 (3) LEADERSHIP INPUT.—The headquarters of6 fice and Major Subordinate Command of the Corps 

7 of Engineers shall provide appropriate quality assur8 ance guidance in the preparation of each district 5- 

9 year budget and work plan. 

10 (f) PUBLIC PARTICIPATION.—The Secretary shall 

11 issue guidance that requires that for the development of, 

12 or any proposed major substantive modification to, a dis13 trict 5-year budget and work plan, each District Engineer 

14 for each district shall, not less frequently than annually— 

15 (1) provide to cost-share partners, government 

16 agencies, and stakeholders— 

17 (A) notice and an opportunity for comment 

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

19 to the Secretary or to the District Engineer 

20 comments, including through written submis21 sion of data, opinions, or arguments, with or 

22 without an opportunity for oral presentation; 

23 (B) written responses to comments re24 ceived under subparagraph (A); and 


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1 (C) a process through which cost-share 

2 partners, government agencies, and stake3 holders may appeal decisions of the District En4 gineer regarding the contents of the district 5- 

5 year budget and work plan under subsection 

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

7 jurisdiction over the District; 

8 (2) publish the comments received under para9 graph (1)(A) on the internet website of the Corps of 

10 Engineers; 

11 (3) hold a public meeting to discuss each dis12 trict 5-year budget and work plan; 

13 (4) provide to government agencies the oppor14 tunity to consult and collaborate with each district 

15 and obtain feedback to incorporate into risk assess16 ments; and 

17 (5) provide to cost-share partners the oppor18 tunity to collaborate— 

19 (A) to support information sharing; 

20 (B) to the maximum extent practicable, to 

21 share in concept development and decision-mak22 ing to achieve complementary or integrated so23 lutions to problems; and 

24 (C) to obtain feedback to incorporate into 

25 risk assessments. 


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1 (g) CRITERIA FOR THE HEADQUARTERS AND DIS2 TRICT 5-YEAR BUDGET AND WORK PLANS.— 

3 (1) INTEGRATED WATER RESOURCE MANAGE4 MENT.—In developing a headquarters 5-year budget 

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

6 plan, the Secretary or the District Engineer, as ap7 plicable, shall ensure that applicable projects are or 

8 will be carried out in a sustainable manner that— 

9 (A) is holistic and mission-integrated; 

10 (B) focuses on water resource challenges 

11 and opportunities; 

12 (C) promotes collaboration with stake13 holders, government agencies, and cost-share 

14 partners for coordinated development and active 

15 management of water and related resources; 

16 (D) maximizes the benefits resulting from 

17 Corps of Engineers investment; 

18 (E) aligns Corps of Engineers, government 

19 agencies, and cost-share partners authorities 

20 and funding to gain efficiencies and maximize 

21 return on investment; and 

22 (F) pursues integrated water resource 

23 management. 

24 (2) SYSTEM AND WATERSHED EVALUATION

25 AND PRIORITIZATION.—The Secretary shall issue 


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1 guidance to ensure, in the development of a head2 quarters 5-year budget and work plan or district 5- 

3 year budget and work plan— 

4 (A) the use of modeling and data to evalu5 ate the performance of project assets on a sys6 tem or watershed basis in yielding system-wide 

7 or watershed-wide benefits; and 

8 (B) the prioritization of activities and 

9 management of infrastructure within each rel10 evant system or watershed. 

11 (3) LIFECYCLE PORTFOLIO MANAGEMENT.—In 

12 making a determination relating to investment at 

13 any stage of a project, the Secretary shall issue 

14 guidance to ensure that the principles of lifecycle 

15 portfolio management are applied in the development 

16 of headquarters 5-year budget and work plans and 

17 district 5-year budget and work plans, including 

18 by— 

19 (A) managing the entire lifecycle of the 

20 project, within a system or watershed context, 

21 using data and objective criteria as the basis for 

22 risk-informed investment decision-making to 

23 provide— 

24 (i) the desired outcomes of the 

25 project; and 


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1 (ii) value to the United States; and 

2 (B) managing the regional and national 

3 portfolios of projects to make cost-effective and 

4 sequenced investment decisions. 

5 (4) FEDERAL CONSIDERATIONS.—In developing 

6 and comparing project alternatives or making any 

7 other determination for purposes of a headquarters 

8 5-year budget and work plan or district 5-year budg9 et and work plan, the Secretary shall issue guidance 

10 to ensure that each plan includes an evaluation of 

11 the projected effects of each project or initiative of 

12 national significance or project or initiative of re13 gional, Tribal, or local significance, or project alter14 native, if applicable, on— 

15 (A) the nonmonetary physical, chemical, 

16 and biological conditions of water and related 

17 land resources in the United States, at the sys18 tem or watershed scale; 

19 (B) the economic value of— 

20 (i) water and related land resources in 

21 the United States; and 

22 (ii) the national output of goods and 

23 services produced using those resources; 

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

25 to human life and safety, as measured— 


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1 (i) taking into consideration applicable 

2 flood and coastal storm damage reduction 

3 plans, and any other relevant plans; and 

4 (ii) using— 

5 (I) nonmonetary units; or 

6 (II) qualitative descriptions; 

7 (D) significant cultural, aesthetic, and sub8 watershed-scale ecological resources, as meas9 ured using— 

10 (i) nonmonetary units; or 

11 (ii) qualitative descriptions; and 

12 (E) the effects described in subparagraphs 

13 (A) through (D) with respect to— 

14 (i) low-income communities; 

15 (ii) rural communities; and 

16 (iii) Tribal and other minority com17 munities. 

18 (5) BUSINESS LINE CONSIDERATIONS.—The 

19 Secretary shall issue guidance to ensure that head20 quarters 5-year budget and work plans and district 

21 5-year budget and work plans analyze the accom22 plishments, projected challenges, and business pro23 grams funding and performance of each project or 

24 initiative of national significance and project or ini25 tiative of regional, Tribal, or local significance, takVerDate Sep 11 2014 01:38 May 15, 2018 Jkt 079200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S2800.IS S2800

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1 ing into consideration any relevant business lines of 

2 the project or initiative. 

3 (h) EFFECT ON EXISTING PROCESS.—The budget 

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

5 for each fiscal year shall supplant the work plan process 

6 with respect to the applicable accounts— 

7 (1) to increase transparency regarding planned 

8 expenditures of the Corps of Engineers during the 4- 

9 year period following that fiscal year; 

10 (2) to maximize the return on Federal invest11 ment; and 

12 (3) to ensure that the infrastructure of the 

13 Corps of Engineers protects laborers and employees, 

14 private investment, and production in the United 

15 States. 

16 SEC. 1002. NATIONAL ACADEMY STUDIES. 

17 As soon as practicable after the date of enactment 

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

19 with the National Academy of Sciences under which the 

20 National Academy shall conduct studies regarding— 

21 (1) the means by which the Corps of Engineers 

22 can increase transparency in cooperating with— 

23 (A) Congress; 

24 (B) State and local units of government; 

25 (C) local stakeholders; and 


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1 (D) other cost-share partners, government 

2 agencies, and stakeholders; 

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

4 rather than project-based, authorization process for 

5 water resources development projects; and 

6 (3) whether the structure and organization of 

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

8 enactment of this Act— 

9 (A) is the most effective structure and or10 ganization for continued operation; or 

11 (B) should be modified to increase— 

12 (i) efficiency; 

13 (ii) coordination; 

14 (iii) transparency; or 

15 (iv) cost savings. 

16 SEC. 1003. GAO STUDY ON BENEFIT-COST ANALYSIS RE17 FORMS. 

18 Not later than 1 year after the date of enactment 

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

20 shall— 

21 (1) conduct a study on the benefit-cost proce22 dures of the Secretary and the Director of the Office 

23 of Management and Budget (referred to in this sec24 tion as the ‘‘Director’’), including— 


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1 (A) an examination of the benefits and 

2 costs that the Secretary and the Director do 

3 and do not include in the benefit-cost calcula4 tion, including, at a minimum, local and re5 gional economic benefits; and 

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

7 a calculation) of navigation benefits used in a 

8 calculation for a non-commercial harbor that is 

9 used by a State maritime academy (as defined 

10 in section 51102 of title 46, United States 

11 Code) for military training purposes; and 

12 (2) submit to Congress a report that— 

13 (A) describes the results of the study 

14 under paragraph (1); and 

15 (B) includes recommendations for legisla16 tive or regulatory changes to improve the ben17 efit-cost analysis procedures of the Secretary 

18 and the Director. 

19 SEC. 1004. TRANSPARENCY AND ACCOUNTABILITY IN COST20 SHARING FOR WATER RESOURCES 

21 PROJECTS. 

22 (a) DEFINITION OF BALANCE SHEET.—In this sec23 tion, the term ‘‘balance sheet’’ means a document that de24 scribes— 


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1 (1) the funds contributed by each Federal and 

2 non-Federal interest for a project; and 

3 (2) the status of those funds. 

4 (b) ESTABLISHMENT OF BALANCE SHEET.—Each 

5 district of the Corps of Engineers shall— 

6 (1) maintain a balance sheet for each project 

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

8 cost-share is required; and 

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

10 contributed funds for the project, provide to the non11 Federal interest a copy of the balance sheet. 

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

13 project carried out by the Secretary for which the project 

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

15 Secretary shall transfer the excess funds back to the non16 Federal interest, in accordance with the cost-share re17 quirement applicable to the project. 

18 (d) EXCESS FUNDS.— 

19 (1) IN GENERAL.—In the case of a completed 

20 project carried out by the Secretary for which funds 

21 in excess of the funds needed to complete the project 

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

23 Secretary shall transfer the excess funds to a sepa24 rate account of the Secretary, in which the funds 


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1 shall remain available until the non-Federal interest 

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

3 (2) USE IN FUTURE PROJECTS OR OPERATION

4 AND MAINTENANCE COSTS.—The non-Federal inter5 est may use funds in the account for the non-Fed6 eral interest under paragraph (1)— 

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

8 carried out by the Secretary for which a non9 Federal cost-share is required; and 

10 (B) to pay the costs of operation and 

11 maintenance of a project of the non-Federal in12 terest for which a non-Federal cost-share is re13 quired. 

14 SEC. 1005. NON-FEDERAL SPONSOR REIMBURSEMENTS. 

15 (a) DEFINITION OF UNREIMBURSED FUNDS.—In 

16 this section, the term ‘‘unreimbursed funds’’, with respect 

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

18 spent by a non-Federal sponsor for the project that have 

19 not been reimbursed by the Secretary under an existing 

20 agreement before the end of the fiscal year following the 

21 fiscal year in which the funds were spent. 

22 (b) APPLICATION OF UNREIMBURSED FUNDS.—In 

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

24 an existing agreement for which the non-Federal sponsor 


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1 has unreimbursed funds, on the request of the non-Fed2 eral sponsor, the Secretary shall— 

3 (1) credit the unreimbursed funds to the non4 Federal cost-share requirement of that non-Federal 

5 sponsor for another project to be carried out by the 

6 Secretary; or 

7 (2) reimburse the funds to the non-Federal 

8 sponsor. 

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

10 MANAGEMENT OF RECREATION FACILITIES. 

11 Section 225(c) of the Water Resources Development 

12 Act of 1992 (33 U.S.C. 2328(c)) is amended— 

13 (1) by striking ‘‘non-Federal public entity’’ each 

14 place it appears and inserting ‘‘non-Federal public 

15 or private entity’’; and 

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

17 ‘‘(4) TREATMENT.—In carrying out this sub18 section, the Secretary shall ensure that a private en19 tity is subject to the same regulations and require20 ments as a non-Federal public entity.’’. 

21 SEC. 1007. COST ESTIMATES. 

22 Section 2008(c) of the Water Resources Development 

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

24 ‘‘before, on, or after’’ and inserting ‘‘on or after’’. 


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1 SEC. 1008. RETROACTIVE CHANGES TO COST-SHARING 

2 AGREEMENTS. 

3 Study costs incurred before the date of execution of 

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

7 costs, if— 

8 (1) the study was initiated before October 1, 

9 2006; and 

10 (2) the feasibility cost-sharing agreement was 

11 not executed before January 1, 2014. 

12 SEC. 1009. PROJECT PARTNERSHIP AGREEMENTS. 

13 (a) DEFINITION OF PROJECT PARTNERSHIP AGREE14 MENT.—In this section, the term ‘‘project partnership 

15 agreement’’ means an agreement between the Secretary 

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

17 that describes— 

18 (1) the project; and 

19 (2) the responsibilities of each of the Secretary 

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

22 project. 

23 (b) IMPROVED COST DESCRIPTION.—In any project 

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

26 project partnership agreement includes clear and detailed 


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

4 SEC. 1010. STUDY AND REPORT ON EXPEDITING CERTAIN 

5 WAIVER PROCESSES. 

6 Not later than 1 year after the date of enactment 

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

8 the Committee on Environment and Public Works of the 

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

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

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

14 the Energy and Water Development and Related Agencies 

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

16 2851). 

17 SEC. 1011. FEASIBILITY STUDIES FOR MITIGATION OF 

18 STORM DAMAGE. 

19 Section 105(a)(1) of the Water Resources Develop20 ment Act of 1986 (33 U.S.C. 2215(a)(1)) is amended— 

21 (1) in subparagraph (A), by striking ‘‘The Sec22 retary’’ and inserting ‘‘Except as provided in sub23 paragraph (F), the Secretary’’; and 

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


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1 ‘‘(F) COST-SHARE FOR CERTAIN MITIGA2 TION PROJECTS.— 

3 ‘‘(i) IN GENERAL.—In the case of a 

4 feasibility study described in clause (ii), 

5 the Federal share of the cost of the study 

6 shall be, as determined by the Secretary— 

7 ‘‘(I) not less than 50 percent; 

8 and 

9 ‘‘(II) not more than 100 percent. 

10 ‘‘(ii) FEASIBILITY STUDIES DE11 SCRIBED.—A feasibility study referred to 

12 in clause (i) is a feasibility study for a 

13 project for mitigation of damage to an area 

14 affected by weather or other events for 

15 which— 

16 ‘‘(I) during the 8-year period 

17 ending on the date of enactment of 

18 the America’s Water Infrastructure 

19 Act of 2018— 

20 ‘‘(aa) the Secretary provided 

21 emergency response under section 

22 5 of the Act of August 18, 1941 

23 (commonly known as the ‘Flood 

24 Control Act of 1941’) (55 Stat. 


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1 650, chapter 377; 33 U.S.C. 

2 701n); or 

3 ‘‘(bb) the area received dis4 aster assistance under the Robert 

5 T. Stafford Disaster Relief and 

6 Emergency Assistance Act (42 

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

8 ‘‘(II) there is a significant risk 

9 for future similar events (as deter10 mined by the Secretary).’’. 

11 SEC. 1012. EXTENDED COMMUNITY ASSISTANCE BY THE 

12 CORPS OF ENGINEERS. 

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

15 Stat. 650, chapter 377; 33 U.S.C. 701n(a)), is amended— 

16 (1) by redesignating paragraph (3) as para17 graph (4); and 

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

20 ‘‘(3) EXTENDED ASSISTANCE.— 

21 ‘‘(A) IN GENERAL.—A State, Tribe, or 

22 other entity receiving assistance under the 

23 fourth sentence of paragraph (1) on land the 

24 State, Tribe, or entity owns, has jurisdiction 

25 over, or otherwise controls, may petition the 


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1 Secretary for extended assistance, to apply after 

2 the 30-day period of the project under section 

3 203.61(b)(8) of title 33, Code of Federal Regu4 lations (or successor regulations). 

5 ‘‘(B) ASSISTANCE.—On a petition under 

6 subparagraph (A), the Secretary shall provide 

7 extended assistance in accordance with this 

8 paragraph. 

9 ‘‘(C) COST-SHARING.—Except as provided 

10 in subparagraph (D), extended assistance under 

11 this paragraph shall be subject to a minimum 

12 non-Federal cost-sharing requirement of 45 

13 percent. 

14 ‘‘(D) EXCEPTION.—The Secretary— 

15 ‘‘(i) may waive or reduce the min16 imum non-Federal cost-sharing require17 ment under subparagraph (C), at the dis18 cretion of the Secretary, if the Secretary 

19 determines that the financial situation of 

20 the non-Federal sponsor of the project 

21 warrants a reduction; and 

22 ‘‘(ii) may not impose a non-Federal 

23 cost-sharing requirement on a project serv24 ing a disadvantaged community (as defined 


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1 in section 1452(d) of the Safe Drinking 

2 Water Act (42 U.S.C. 300j–12(d)). 

3 ‘‘(E) FACTORS.—In determining how to 

4 best provide extended assistance under this 

5 paragraph, the Secretary shall consider whether 

6 granting the extended assistance would— 

7 ‘‘(i) minimize costs of long-term bur8 dens on the non-Federal sponsor of the 

9 project; 

10 ‘‘(ii) increase the resiliency of the 

11 project; and 

12 ‘‘(iii) align with long-term solutions to 

13 problems that the project seeks to rectify. 

14 ‘‘(F) SUNSET.—The authority of the Sec15 retary to provide extended assistance under this 

16 paragraph shall terminate on the date that is 2 

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

19 SEC. 1013. ADVANCED FUNDS FOR WATER RESOURCES DE20 VELOPMENT STUDIES AND PROJECTS. 

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

22 884; 33 U.S.C. 701h–1), is amended— 

23 (1) in the first sentence— 

24 (A) by striking ‘‘Whenever any’’ and in25 serting the following: 


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1 ‘‘(a) IN GENERAL.—Whenever any’’; 

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

3 duly adopted and authorized by law’’ and in4 serting ‘‘an authorized water resources develop5 ment study or project,’’; and 

6 (C) by striking ‘‘such work’’ and inserting 

7 ‘‘such study or project’’; 

8 (2) in the second sentence— 

9 (A) by striking ‘‘The Secretary of the 

10 Army’’ and inserting the following: 

11 ‘‘(b) REPAYMENT.—The Secretary of the Army’’; and 

12 (B) by striking ‘‘from appropriations which 

13 may be provided by Congress for flood-control 

14 work’’ and inserting ‘‘if specific appropriations 

15 are provided by Congress for such purpose’’; 

16 and 

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

18 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

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

21 of fiscal years 2020 and 2021. 

22 ‘‘(d) DEFINITION OF STATE.—In this section, the 

23 term ‘State’ means— 

24 ‘‘(1) a State; 

25 ‘‘(2) the District of Columbia; 


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1 ‘‘(3) the Commonwealth of Puerto Rico; 

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

3 United States; and 

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

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

7 Act (25 U.S.C. 5304)).’’. 

8 SEC. 1014. IMPLEMENTATION GUIDANCE. 

9 (a) IN GENERAL.—Except as provided in subsection 

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

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

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

15 date of enactment of this Act, under— 

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

18 (2) the Water Infrastructure Improvements for 

19 the Nation Act (130 Stat. 1628). 

20 (b) EXCEPTION.—Subsection (a) shall not apply with 

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

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


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1 SEC. 1015. IMPLEMENTATION GUIDANCE FOR THIS ACT. 

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

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

4 guidance to carry out this Act and any amendments made 

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

6 jurisdiction of the Secretary. 

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

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

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

11 SEC. 1016. EASEMENTS FOR CERTAIN RURAL ELECTRIC, 

12 TELEPHONE, AND BROADBAND SERVICE FA13 CILITIES. 

14 Section 1172 of the Water Infrastructure Improve15 ments for the Nation Act (33 U.S.C. 2354) is amended— 

16 (1) by redesignating subsection (c) as sub17 section (d); and 

18 (2) by inserting after subsection (b) the fol19 lowing: 

20 ‘‘(c) CERTAIN EASEMENTS.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall grant 

22 an easement across water resources development 

23 project land for the electric, telephone, or broadband 

24 service facilities of a nonprofit organization that is 

25 eligible for financing under the Rural Electrification 

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


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1 does not interfere with the safe functioning of the 

2 water resources development project. 

3 ‘‘(2) PLACEMENT.—The placement of an ease4 ment under paragraph (1) shall be at the discretion 

5 of the Secretary.’’. 

6 SEC. 1017. CORPS CAPABILITIES. 

7 Not later than 1 year after the date of enactment 

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

9 study under section 936 of the Water Resources Develop10 ment Act of 1986 (33 U.S.C. 2300). 

11 SEC. 1018. PROJECT AUTHORIZATION FUNDING LINES. 

12 In any case in which a project under the jurisdiction 

13 of the Secretary is budgeted under a different business 

14 line than the business line under which the project was 

15 originally authorized, the Secretary shall ensure that the 

16 project is carried out in accordance with any requirements 

17 that apply to the business line under which the project 

18 was originally authorized. 

19 SEC. 1019. CONSOLIDATION OF STUDIES; REPORT. 

20 (a) IN GENERAL.—Not later than 1 year after the 

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

22 a study on whether section 1002 of the Water Resources 

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

24 and the amendments made by that section limit options 

25 available to the Secretary to fund work relating to— 


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1 (1) feasibility scoping; 

2 (2) project management planning; and 

3 (3) review plan development. 

4 (b) REPORT TO CONGRESS.—Not later than 1 year 

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

6 submit to Congress a report describing the results of the 

7 study under subsection (a). 

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

9 PROJECTS. 

10 Section 203(e) of the Water Resources Development 

11 Act of 1986 (33 U.S.C. 2231(e)) is amended— 

12 (1) by striking ‘‘At the request of a non-Fed13 eral interest, the Secretary may provide’’ and insert14 ing the following: 

15 ‘‘(1) IN GENERAL.—On the request of a non16 Federal interest, the Secretary shall provide’’; and 

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

18 ‘‘(2) SAVINGS PROVISION.—The provision of 

19 technical assistance by the Secretary under para20 graph (1)— 

21 ‘‘(A) shall not be considered to be an ap22 proval or endorsement of the feasibility study; 

23 and 

24 ‘‘(B) shall not affect the responsibilities of 

25 the Secretary— 


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1 ‘‘(i) to review the feasibility study for 

2 compliance with applicable Federal laws 

3 (including regulations) under subsection 

4 (b); and 

5 ‘‘(ii) to make recommendations to 

6 Congress on the plan or design of the 

7 project under subsection (c).’’. 

8 SEC. 1021. REPORTS TO CONGRESS. 

9 (a) IN GENERAL.—Subject to the availability of ap10 propriations, the Secretary shall complete and submit to 

11 Congress by the applicable date required any report or 

12 study required under this Act or an amendment made by 

13 this Act. 

14 (b) FAILURE TO PROVIDE A COMPLETED REPORT OR

15 STUDY.— 

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

17 the Secretary fails to provide a report or study de18 scribed in subsection (a) by the date that is 180 

19 days after the applicable date required for that re20 port or study, $5,000 shall be reprogrammed from 

21 the General Expenses account of the civil works pro22 gram of the Army Corps of Engineers into the ac23 count of the division of the Army Corps of Engi24 neers with responsibility for completing that report 

25 or study. 


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1 (2) SUBSEQUENT REPROGRAMMING.—Subject 

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

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

4 study described in that paragraph remains 

5 uncompleted and unsubmitted to Congress, $5,000 

6 shall be reprogrammed from the General Expenses 

7 account of the civil works program of the Army 

8 Corps of Engineers into the account of the division 

9 of the Secretary with responsibility for completing 

10 that report or study. 

11 (c) LIMITATIONS.— 

12 (1) IN GENERAL.—For each report or study, 

13 the total amounts reprogrammed under subsection 

14 (b) shall not exceed, in any fiscal year, $50,000. 

15 (2) AGGREGATE LIMITATION.—The total 

16 amount reprogrammed under subsection (b) in a fis17 cal year shall not exceed $100,000. 

18 (d) NO FAULT OF THE SECRETARY.—Amounts shall 

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

20 certifies in a letter to the applicable committees of Con21 gress that— 

22 (1) a major modification has been made to the 

23 content of the report or study that requires addi24 tional analysis for the Secretary to make a final de25 cision on the report or study; 


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1 (2) amounts have not been appropriated to the 

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

3 the report or study; or 

4 (3) additional information is required from an 

5 entity other than the Corps of Engineers and is not 

6 available in a timely manner to complete the report 

7 or study by the deadline. 

8 (e) LIMITATION.—The Secretary shall not reprogram 

9 funds to the General Expenses account of the civil works 

10 program of the Corps of Engineers for the loss of the 

11 funds. 

12 (f) REPORT.—Not less frequently than once each fis13 cal year, the Secretary shall submit to the Committee on 

14 Environment and Public Works of the Senate and the 

15 Committee on Transportation and Infrastructure of the 

16 House of Representatives a report that includes a list of 

17 each report or study by the Secretary that— 

18 (1) was due to be completed in the previous fis19 cal year; but 

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

21 (g) REPEAL.—Section 1042 of the Water Resources 

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

23 note; Public Law 113–121) is repealed. 


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1 SEC. 1022. DISPOSITION STUDIES. 

2 The Secretary shall carry out any disposition study 

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

4 manner, including— 

5 (1) by offering opportunities for public input 

6 during the study; and 

7 (2) publishing and making publicly available 

8 final disposition studies. 

9 SEC. 1023. NATURAL INFRASTRUCTURE. 

10 In each feasibility study carried out by the Secretary 

11 for a project for flood risk management or hurricane and 

12 storm damage risk reduction, the Secretary shall consider 

13 the use of both traditional and natural infrastructure al14 ternatives, alone or in conjunction with each other, if those 

15 alternatives are practicable. 

16 SEC. 1024. WATERCRAFT INSPECTION STATIONS. 

17 Section 104 of the River and Harbor Act of 1958 

18 (33 U.S.C. 610) is amended— 

19 (1) by striking subsection (b) and inserting the 

20 following: 

21 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— 

22 ‘‘(1) IN GENERAL.—There is authorized to be 

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

24 for each fiscal year, of which— 

25 ‘‘(A) $30,000,000 shall be made available 

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


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1 ‘‘(B) $30,000,000 shall be made available 

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

3 ‘‘(2) CONTROL OPERATIONS.—Any funds under 

4 paragraph (1) used for control operations shall be 

5 allocated by the Chief of Engineers on a priority 

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

7 and the availability of local funds.’’; and 

8 (2) in subsection (d)— 

9 (A) by striking paragraph (1) and insert10 ing the following: 

11 ‘‘(1) IN GENERAL.— 

12 ‘‘(A) WATERCRAFT INSPECTION STA13 TIONS.—In carrying out this section, the Sec14 retary shall establish, operate, and maintain 

15 new or existing watercraft inspection stations— 

16 ‘‘(i) to protect the Columbia River 

17 Basin; and 

18 ‘‘(ii) to protect the Upper Missouri 

19 River Basin. 

20 ‘‘(B) LOCATIONS.—The Secretary shall 

21 place watercraft inspection stations under sub22 paragraph (A) at locations, as determined by 

23 the Secretary in consultation with States within 

24 the areas described in subparagraph (A), with 

25 the highest likelihood of preventing the spread 


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1 of aquatic invasive species at reservoirs oper2 ated and maintained by the Secretary. 

3 ‘‘(C) RAPID RESPONSE.—The Secretary 

4 shall assist the States within the areas de5 scribed in subparagraph (A) with rapid re6 sponse to any aquatic invasive species, including 

7 quagga or zebra mussel, infestation.’’; and 

8 (B) by striking paragraph (3)(A) and in9 serting the following: 

10 ‘‘(A) the Governors of the States within 

11 the areas described in clause (i) or (ii) of para12 graph (1)(A), as applicable;’’. 

13 SEC. 1025. REAUTHORIZATION OF NON-FEDERAL IMPLE14 MENTATION PILOT PROGRAM. 

15 Section 1043 of the Water Resources Reform and De16 velopment Act of 2014 (33 U.S.C. 2201 note; Public Law 

17 113–121) is amended— 

18 (1) in subsection (a)— 

19 (A) in paragraph (5)(B), by inserting ‘‘and 

20 not later than 3 years after the date of enact21 ment of the America’s Water Infrastructure Act 

22 of 2018’’ after ‘‘this Act’’; 

23 (B) in paragraph (7), by striking ‘‘5 

24 years’’ and inserting ‘‘7 years’’; and 


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1 (C) in paragraph (8), by striking ‘‘each of 

2 fiscal years 2015 through 2019’’ and inserting 

3 ‘‘each of fiscal years 2015 through 2021’’; and 

4 (2) in subsection (b)— 

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

6 ‘‘date of enactment of this Act’’ each place it 

7 appears and inserting ‘‘date of enactment of the 

8 America’s Water Infrastructure Act of 2018’’; 

9 (B) in paragraph (4), by striking ‘‘applica10 ble on the day before the date of enactment of 

11 this Act’’ and inserting ‘‘otherwise applicable’’; 

12 (C) in paragraph (5)(B), by inserting ‘‘and 

13 not later than 3 years after the date of enact14 ment of the America’s Water Infrastructure Act 

15 of 2018’’ after ‘‘this Act’’; 

16 (D) in paragraph (7), by striking ‘‘5 

17 years’’ and inserting ‘‘7 years’’; and 

18 (E) in paragraph (8), by striking ‘‘each of 

19 fiscal years 2015 through 2019’’ and inserting 

20 ‘‘each of fiscal years 2015 through 2021’’. 

21 SEC. 1026. PROJECT STUDIES SUBJECT TO INDEPENDENT 

22 PEER REVIEW. 

23 (a) EXTENSION.—Section 2034(h)(2) of the Water 

24 Resources Development Act of 2007 (33 U.S.C. 


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1 2343(h)(2)) is amended by striking ‘‘12 years’’ and insert2 ing ‘‘17 years’’. 

3 (b) REPORT ON COST AND TIME OVERRUNS.—Sec4 tion 2034(i) of the Water Resources Development Act of 

5 2007 (33 U.S.C. 2343(i)) is amended by adding at the 

6 end the following: 

7 ‘‘(3) REPORT ON COST AND TIME OVERRUNS.— 

8 Not later than 1 year after the date of enactment 

9 of the America’s Water Infrastructure Act of 2018, 

10 the Secretary shall complete an analysis of cost and 

11 time overruns for projects subject to this section and 

12 submit to the Committee on Environment and Pub13 lic Works of the Senate and the Committee on 

14 Transportation and Infrastructure of the House of 

15 Representatives a report describing the results of the 

16 analysis.’’. 

17 SEC. 1027. EXPEDITED CONSIDERATION. 

18 Section 7004(b)(4) of the Water Resources Reform 

19 and Development Act of 2014 (128 Stat. 1374) is amend20 ed by striking ‘‘December 31, 2018’’ and inserting ‘‘De21 cember 31, 2024’’. 

22 SEC. 1028. WIFIA STUDY. 

23 Not later than 1 year after the date of enactment 

24 of this Act, the Secretary shall— 


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1 (1) carry out a study on impediments to the im2 plementation of the Water Infrastructure Finance 

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

4 Secretary, including— 

5 (A) the obstacles that need to be removed 

6 for the Secretary to implement the responsibil7 ities of the Secretary under that Act; 

8 (B) an identification of all projects that 

9 the Secretary determines to be potentially viable 

10 to receive assistance under that Act; and 

11 (C) an identification of any amendments to 

12 that Act or other legislative or regulatory 

13 changes that would improve the ability of the 

14 Secretary to implement that Act; and 

15 (2) submit to the Committee on Environment 

16 and Public Works of the Senate and the Committee 

17 on Transportation and Infrastructure of the House 

18 of Representatives a report on the results of the 

19 study under paragraph (1). 

20 SEC. 1029. ENHANCED DEVELOPMENT DEMONSTRATION 

21 PROGRAM. 

22 (a) IN GENERAL.—The Secretary is directed to re23 view the master plan and shoreline management plan for 

24 any lake described in section 3134 of the Water Resources 

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


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1 1671) for the purpose of identifying areas suitable for en2 hanced development if— 

3 (1) the master plan and shoreline management 

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

5 2013; and 

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

7 has received a written request for such a review. 

8 (b) DEFINITION OF ENHANCED DEVELOPMENT.—In 

9 this section, the term ‘‘enhanced development’’ means 

10 structures or other improvements used for non-water-de11 pendent commercial or hospitality industry purposes or for 

12 residential or recreational purposes. 

13 (c) LEASE AUTHORITY.—The Secretary is authorized 

14 to lease Federal land under the jurisdiction of the Sec15 retary pursuant to this section for such terms as the Sec16 retary determines to be advisable to permit enhanced de17 velopment in areas approved for such uses under sub18 section (a). 

19 (d) USE OF COMPETITIVE PROCEDURES.—The Sec20 retary shall require use of competitive procedures for 

21 leases authorized under subsection (c). 

22 (e) CONSIDERATIONS.—For leases authorized under 

23 subsection (c), the Secretary shall— 


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1 (1) require payment of at least fair market 

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

3 provided in-kind at the discretion of the Secretary; 

4 (2) enter into a partnership agreement with a 

5 private entity; 

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

7 and 

8 (4) consider regional economic impacts. 

9 (f) TYPES OF IN-KIND CONSIDERATION.—The Sec10 retary is authorized to accept as in-kind consideration 

11 under subsection (e)(1)— 

12 (1) the maintenance, protection, alteration, re13 pair, improvement, or restoration of public recre14 ation facilities under the control of the Secretary; 

15 and 

16 (2) construction of new public recreation facili17 ties. 

18 (g) DISPOSITION OF PROCEEDS.—Notwithstanding 

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

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

21 from issuance of leases authorized under subsection (c) 

22 shall be deposited in a special account in the Treasury 

23 established for the Secretary and shall be available for the 

24 following activities at the lake specified in a lease entered 

25 into under this section: 


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1 (1) Natural resource and recreation manage2 ment. 

3 (2) The investigation, planning, construction, 

4 operation, and maintenance of public recreation fa5 cilities. 

6 (h) PAYMENT OF ADMINISTRATIVE EXPENSES.—The 

7 Secretary shall recover the administrative expenses associ8 ated with leases authorized under subsection (c) in accord9 ance with section 2695 of title 10, United States Code. 

10 (i) STUDY APPLICATION OF MILITARY LEASING AU11 THORITIES TO CIVIL WORKS PROJECTS.—Not later than 

12 2 years after the date of enactment of this Act, the Sec13 retary shall— 

14 (1) complete a study on the application of sec15 tion 2667 of title 10, United States Code, enhanced 

16 use leasing authorities, and other military leasing 

17 authorities to the civil works program of the Sec18 retary; and 

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

20 of the study under paragraph (1), including a de21 scription of the obstacles that must be removed to 

22 implement the authorities. 

23 SEC. 1030. DUPLICATION OF EFFORTS. 

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

25 sponsor is working with an institution of higher education, 


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1 in order to reduce duplication of efforts, the Secretary 

2 shall consider hiring an institution of higher education or 

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

4 provide assistance under section 22 of the Water Re5 sources Development Act of 1974 (42 U.S.C. 1962d–16) 

6 with respect to that project. 

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

8 CERTAIN WATER STORAGE PROJECTS. 

9 (a) PURPOSE AND NEED STATEMENTS.— 

10 (1) IN GENERAL.—Not later than 90 days after 

11 the date of receipt of a complete application for a 

12 water storage project, the District Engineer shall de13 velop and provide to the applicant a purpose and 

14 need statement that describes— 

15 (A) whether the District Engineer concurs 

16 with the assessment of the purpose of and need 

17 for the water storage project proposed by the 

18 applicant; and 

19 (B) in any case in which the District Engi20 neer does not concur as described in subpara21 graph (A), an assessment by the District Engi22 neer of the purpose of and need for the project. 

23 (2) EFFECT ON ENVIRONMENTAL IMPACT

24 STATEMENTS.—No environmental impact statement 

25 or environmental assessment required under the NaVerDate Sep 11 2014 01:38 May 15, 2018 Jkt 079200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S2800.IS S2800

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1 tional Environmental Policy Act of 1969 (42 U.S.C. 

2 4321 et seq.) shall substantially commence with re3 spect to a water storage project for which an appli4 cation is submitted as described in paragraph (1) 

5 until the date on which the District Engineer pro6 vides to the applicant the purpose and need state7 ment under that paragraph. 

8 (b) RECORDS OF DECISION.—Before the Secretary 

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

10 from the Secretary is required, the Secretary shall provide 

11 to the applicant a record of decision that describes all ap12 plicable conditions under the permit that will apply to the 

13 project. 

14 (c) CORPS OF ENGINEERS BOARD OF APPEALS.— 

15 (1) ESTABLISHMENT.—The Secretary shall es16 tablish a board of appeals, to be known as the 

17 ‘‘Corps of Engineers Board of Appeals’’ (referred to 

18 in this subsection as the ‘‘Board’’). 

19 (2) MEMBERSHIP.— 

20 (A) IN GENERAL.—The Board shall be 

21 composed of 5 members, to be appointed by the 

22 Secretary, of whom— 

23 (i) 2 shall be representatives of State 

24 water development commissions and agen25 cies with water storage needs; 


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1 (ii) 2 shall be representatives of the 

2 Corps of Engineers; and 

3 (iii) 1— 

4 (I) shall be selected jointly by the 

5 Secretary and the entities described in 

6 clause (i); and 

7 (II) shall not be a representative 

8 of any entity described in clause (i) or 

9 (ii). 

10 (B) REQUIREMENTS.—In selecting mem11 bers to serve on the Board, the Secretary shall 

12 ensure that each Board member— 

13 (i) does not have a conflict of interest; 

14 and 

15 (ii) is not from the same State in 

16 which the project that is the subject of the 

17 appeal is located. 

18 (3) DUTIES.— 

19 (A) IN GENERAL.—The Board shall make 

20 determinations on— 

21 (i) all appeals relating to a purpose 

22 and need statement provided under sub23 section (a)(1); and 


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1 (ii) all appeals relating to the permit 

2 conditions described in a record of decision 

3 under subsection (b). 

4 (B) DEADLINE.—The Board shall make a 

5 determination regarding an appeal under sub6 paragraph (A) by not later than 90 days after 

7 the date on which the appeal is filed with the 

8 Board. 

9 (C) FACTORS FOR CONSIDERATION.—In 

10 making a determination under subparagraph 

11 (A), the Board shall evaluate— 

12 (i) in the case of an appeal described 

13 in subparagraph (A)(i), any field assess14 ment of the Corps of Engineers regarding 

15 the purpose of and need for the applicable 

16 water storage project; and 

17 (ii) in the case of an appeal described 

18 in subparagraph (A)(ii), any condition 

19 placed on a project under a permit based 

20 on the record of decision under subsection 

21 (b). 

22 (4) CONSIDERATION BY DISTRICT ENGINEER.— 

23 (A) IN GENERAL.—In the case of any de24 termination of the Board under paragraph 

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


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1 reconsider the purpose and need statement or 

2 permit condition, as applicable, taking into con3 sideration the determination of the Board under 

4 paragraph (3)(A). 

5 (B) EXPLANATION.—If the District Engi6 neer determines not to accept a determination 

7 under subparagraph (A), the District Engineer 

8 shall, not later than 90 days after the date on 

9 which the District Engineer receives the deter10 mination, provide to the applicant and to the 

11 Board a written explanation as to why the Dis12 trict Engineer rejected the determination. 

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

14 IN CORPS PROJECTS. 

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

16 a local non-Federal interest takes responsibility for certain 

17 operation, maintenance, or capital improvement expenses 

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

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

20 taxpayers. 

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

22 WATER RESOURCES DEVELOPMENT PROJ23 ECTS BY NON-FEDERAL INTERESTS. 

24 It is the sense of Congress that the amendment to 

25 section 203 of the Water Resources Development Act of 


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1 1986 (33 U.S.C. 2231) made by section 1126 of the Water 

2 Infrastructure Improvements for the Nation Act (130 

3 Stat. 1648) was intended to supersede any conflicting 

4 laws. 

5 SEC. 1034. SENSE OF CONGRESS RELATING TO PROJECT 

6 PARTNERSHIP AGREEMENTS. 

7 It is the sense of Congress that the Secretary should 

8 simplify and expedite the process for addressing in-kind 

9 work in project partnership agreements— 

10 (1) to allow for more flexibility for potential 

11 changes to in-kind work; and 

12 (2) to delegate approval for project partnership 

13 agreements to the District Engineer, if practicable. 

14 SEC. 1035. SENSE OF CONGRESS RELATING TO ENCOUR15 AGING RESILIENT TECHNIQUES AND HABI16 TAT CONNECTIVITY IN ECOSYSTEM RES17 TORATION. 

18 It is the sense of Congress that the Secretary should 

19 ensure that infrastructure of the Secretary can endure ex20 treme weather, mitigate flooding and other negative im21 pacts on communities, and provide a significant return on 

22 investment by— 

23 (1) encouraging the use of resilient structural 

24 or nonstructural construction techniques; and 


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1 (2) clarifying that nonstructural approaches, 

2 techniques, and alternatives include natural and na3 ture-based solutions. 

4 SEC. 1036. ALTERATIONS TO LOCAL FLOOD CONTROL 

5 PROJECTS. 

6 The District Engineer of each district of the Corps 

7 of Engineers shall have the authority to implement exist8 ing authorities to approve alterations to local flood control 

9 projects in accordance with section 208.10 of title 33, 

10 Code of Federal Regulations (or successor regulations), 

11 and all other applicable laws (including regulations). 

12 TITLE II—STUDIES, MODIFICA13 TIONS, AND PROJECT AU14 THORIZATIONS 

15 Subtitle A—Studies 

16 SEC. 2001. AUTHORIZATION OF PROPOSED FEASIBILITY 

17 STUDIES. 

18 The Secretary is authorized to conduct a feasibility 

19 study for the following projects for water resources devel20 opment and conservation and other purposes, as identified 

21 in the reports titled ‘‘Report to Congress on Future Water 

22 Resources Development’’ submitted to Congress in March 

23 2017 and February 2018, respectively, pursuant to section 

24 7001 of the Water Resources Reform and Development 


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1 Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by 

2 Congress: 

3 (1) LOWER MISSISSIPPI RIVER, ARKANSAS, KEN4 TUCKY, LOUISIANA, MISSOURI, MISSISSIPPI, AND

5 TENNESSEE.—Project for water quality monitoring 

6 program and planning, engineering, and design for 

7 8 conservation reach habitat areas, Lower Mis8 sissippi River, Arkansas, Kentucky, Louisiana, Mis9 souri, Mississippi, and Tennessee. 

10 (2) OUACHITA-BLACK RIVERS NAVIGATION

11 PROJECT, ARKANSAS AND LOUISIANA.—Project for 

12 navigation, Lower Little River, Arkansas and Lou13 isiana. 

14 (3) SAN DIEGO RIVER 1, 2, AND 3 LEVEE SYS15 TEM.—Project for flood risk reduction, navigation, 

16 and ecosystem restoration, San Diego River 1, 2, 

17 and 3 levee system, California. 

18 (4) NORTHSHORE FLOOD RISK REDUCTION, 

19 LOUISIANA.—Project for northshore flood risk reduc20 tion, St. Tammany Parish, Louisiana. 

21 (5) ST. LOUIS RIVERFRONT-MERAMEC RIVER

22 BASIN, MISSOURI.—Project for ecosystem restora23 tion, St. Louis riverfront-Meramec River Basin, Mis24 souri, authorized by the resolution adopted by the 

25 Committee on Transportation and Infrastructure of 


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1 the House of Representatives on June 21, 2000, to 

2 modify the project to add flood risk management as 

3 a project purpose and to expand the study area to 

4 include the entire Meramec River Basin. 

5 (6) CHAUTAUQUA LAKE, NEW YORK.—Project 

6 for ecosystem restoration and flood risk manage7 ment, Chautauqua Lake, New York. 

8 (7) TRINITY RIVER AND TRIBUTARIES, 

9 TEXAS.—Project for navigation, Trinity River and 

10 tributaries, channel to Liberty, Texas. 

11 (8) COASTAL VIRGINIA WATER RESOURCES, VIR12 GINIA.—Project for hurricane and storm damage 

13 risk reduction, coastal Virginia water resources, Vir14 ginia. 

15 (9) TANGIER ISLAND, VIRGINIA.—Project for 

16 ecosystem restoration, flood risk management, and 

17 navigation, Tangier Island, Virginia. 

18 SEC. 2002. LOWER MISSOURI RIVER BANK STABILIZATION 

19 AND NAVIGATION. 

20 The Secretary is authorized to conduct a study on 

21 the function and reliability of the Lower Missouri River 

22 Bank stabilization and navigation project, authorized by 

23 the first section of the Act of July 25, 1912 (37 Stat. 

24 219, chapter 253). 


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1 Subtitle B—Deauthorizations, Mod2 ifications, and Related Provi3 sions 

4 SEC. 2101. SAVANNAH HARBOR EXPANSION PROJECT. 

5 Section 7002(1) of the Water Resources Reform and 

6 Development Act of 2014 (128 Stat. 1364) is amended— 

7 (1) by striking ‘‘$492,000,000’’ and inserting 

8 ‘‘$677,613,600’’; 

9 (2) by striking ‘‘$214,000,000’’ and inserting 

10 ‘‘$295,829,400’’; and 

11 (3) by striking ‘‘$706,000,000’’ and inserting 

12 ‘‘$973,443,000’’. 

13 SEC. 2102. DEAUTHORIZATION OF SVENSEN ISLAND. 

14 The project for flood risk management, Svensen Is15 land, Oregon, authorized by section 204 of the Flood Con16 trol Act of 1950 (64 Stat. 180), is no longer authorized 

17 beginning on the date of enactment of this Act. 

18 SEC. 2103. WHITTIER NARROWS STUDY. 

19 (a) IN GENERAL.—Not later than 1 year after the 

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

21 a study evaluating the impacts of removing 1 percent of 

22 the flowage spreading grounds from the flood control ease23 ment granted for the Whittier Narrows dam for the 

24 project on the San Gabriel River authorized by section 5 

25 of the Act of June 22, 1936 (commonly known as the 


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1 ‘‘Flood Control Act of 1936’’) (49 Stat. 1589, chapter 

2 688). 

3 (b) REPORT.—Not later than 1 year after the date 

4 of enactment of this Act, the Secretary shall submit to 

5 Congress a report describing the results of the study under 

6 subsection (a). 

7 SEC. 2104. WEST TENNESSEE TRIBUTARIES PROJECT, TEN8 NESSEE. 

9 The West Tennessee tributaries project along the 

10 Obion and Forked Deer Rivers, Tennessee, authorized by 

11 section 203 of the Flood Control Act of 1948 (62 Stat. 

12 1178) and modified by section 207 of the Flood Control 

13 Act of 1966 (80 Stat. 1423), section 3(a) of the Water 

14 Resources Development Act of 1974 (88 Stat. 14), and 

15 section 183 of the Water Resources Development Act of 

16 1976 (90 Stat. 2940) is no longer authorized beginning 

17 on the date of enactment of this Act. 

18 SEC. 2105. BRIDGEPORT HARBOR-PEQUONNOCK RIVER 

19 NAVIGATION PROJECT, CONNECTICUT. 

20 The portions of the project for navigation, Bridgeport 

21 Harbor-Pequonnock River, Bridgeport, Connecticut, au22 thorized by the first section of the Act of June 18, 1878 

23 (20 Stat. 158, chapter 264), the first section of the Act 

24 of August 11, 1888 (25 Stat. 401, chapter 860), the first 

25 section of the Act of March 3, 1899 (30 Stat. 1122, chapVerDate Sep 11 2014 01:38 May 15, 2018 Jkt 079200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S2800.IS S2800

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1 ter 425), the first section of the Act of June 25, 1910 

2 (36 Stat. 633, chapter 382), and the first section of the 

3 Act of July 3, 1930 (46 Stat. 919, chapter 847), located 

4 north of Congress Street in Bridgeport, Connecticut, are 

5 no longer authorized beginning on the date of enactment 

6 of this Act. 

7 SEC. 2106. LEVEES L–212 AND L–231, FOUR RIVER BASIN, 

8 OCKLAWAHA RIVER, FLORIDA. 

9 The portions of the project for flood control and other 

10 purposes, Four River Basins, Florida, authorized by sec11 tion 203 of the Flood Control Act of 1962 (76 Stat. 1183), 

12 consisting of levees L–212 and L–231 along the 

13 Ocklawaha River, Florida, are no longer authorized begin14 ning on the date of enactment of this Act. 

15 SEC. 2107. CORPS OF ENGINEERS BRIDGE REPAIR AND DI16 VESTITURE PROGRAM FOR NEW ENGLAND 

17 EVACUATION ROUTES. 

18 (a) IN GENERAL.—Subject to the availability of ap19 propriations, the Secretary may repair or replace, as nec20 essary, any bridge owned and operated by the Secretary 

21 that is— 

22 (1) located in any of the States of Connecticut, 

23 Maine, Massachusetts, New Hampshire, Rhode Is24 land, and Vermont; and 


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1 (2) necessary for evacuation during an extreme 

2 weather event. 

3 (b) SALE OR DIVESTMENT.—Notwithstanding any 

4 other provision of law, to the maximum extent practicable, 

5 after the completion of the repair or replacement of a 

6 bridge under subsection (a), the Secretary shall convey the 

7 bridge to a willing non-Federal entity, which shall assume 

8 ownership and responsibility for the operation and mainte9 nance of the bridge. 

10 SEC. 2108. BOSTON HARBOR RESERVED CHANNEL 

11 DEAUTHORIZATIONS. 

12 (a) 40-FOOT RESERVED CHANNEL.— 

13 (1) IN GENERAL.—The portions of the project 

14 for navigation, Boston Harbor, Massachusetts, au15 thorized by the first section of the Act of October 

16 17, 1940 (54 Stat. 1198, chapter 895), and modi17 fied by section 101 of the River and Harbor Act of 

18 1958 (72 Stat. 297), section 101(a)(13) of the 

19 Water Resources Development Act of 1990 (104 

20 Stat. 4607), and section 7002(1) of the Water Re21 sources Reform and Development Act of 2014 (128 

22 Stat. 1365) described in paragraph (2) are no longer 

23 authorized beginning on the date of enactment of 

24 this Act. 

25 (2) AREAS DESCRIBED.— 


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1 (A) FIRST AREA.—The first areas de2 scribed in this paragraph are— 

3 (i) beginning at a point N. 

4 2950154.45, E. 785995.64; 

5 (ii) running southwesterly about 

6 1451.63 feet to a point N. 2950113.83, E. 

7 784544.58; 

8 (iii) running southeasterly about 

9 54.00 feet to a point N. 2950059.85, E. 

10 784546.09; 

11 (iv) running southwesterly about 

12 1335.82 feet to a point N. 2950022.48, E. 

13 783210.79; 

14 (v) running northwesterly about 83.00 

15 feet to a point N. 2950105.44, E. 

16 783208.47; 

17 (vi) running northeasterly about 

18 2787.45 feet to a point N. 2950183.44, E. 

19 785994.83; and 

20 (vii) running southeasterly about 

21 29.00 feet to the point described in clause 

22 (i). 

23 (B) SECOND AREA.—The second areas de24 scribed in this paragraph are— 


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1 (i) beginning at a point N. 

2 2950502.86, E. 785540.84; 

3 (ii) running northeasterly about 46.11 

4 feet to a point N2950504.16, E785586.94; 

5 (iii) running southwesterly about 

6 25.67 feet to a point N. 2950480.84, E. 

7 785576.18; 

8 (iv) running southwesterly to a point 

9 N. 2950414.32, E. 783199.83; 

10 (v) running northwesterly about 8.00 

11 feet to a point N. 2950422.32, E. 

12 783199.60; 

13 (vi) running northeasterly about 

14 2342.58 feet to a point N. 2950487.87, E. 

15 785541.26; and 

16 (vii) running northwesterly about 

17 15.00 feet to the point described in clause 

18 (i). 

19 (b) 35-FOOT RESERVED CHANNEL.— 

20 (1) IN GENERAL.—The portions of the project 

21 for navigation, Boston Harbor, Massachusetts, au22 thorized by the first section of the Act of October 

23 17, 1940 (54 Stat. 1198, chapter 895), and modi24 fied by section 101 of the River and Harbor Act of 

25 1958 (72 Stat. 297) described in paragraph (2) are 


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1 no longer authorized beginning on the date of enact2 ment of this Act. 

3 (2) AREAS DESCRIBED.— 

4 (A) FIRST AREA.—The first areas de5 scribed in this paragraph are— 

6 (i) beginning at a point N. 

7 2950143.44, E. 787532.14; 

8 (ii) running southeasterly about 22.21 

9 feet to a point N. 2950128.91, E. 

10 787548.93; 

11 (iii) running southwesterly about 

12 4,339.42 feet to a point N. 2950007.48, E. 

13 783211.21; 

14 (iv) running northwesterly about 

15 15.00 feet to a point N. 2950022.48, E. 

16 783210.79; and 

17 (v) running northeasterly about 

18 4,323.05 feet to the point described in 

19 clause (i). 

20 (B) SECOND AREA.—The second areas de21 scribed in this paragraph are— 

22 (i) beginning at a point N. 

23 2950502.86, E. 785540.84; 


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1 (ii) running southeasterly about 15.00 

2 feet to a point N. 2950487.87, E. 

3 785541.26; 

4 (iii) running southwesterly about 

5 2342.58 feet to a point N. 2950422.32, E. 

6 783199.60; 

7 (iv) running southeasterly about 8.00 

8 feet to a point N. 2950414.32, E. 

9 783199.83; 

10 (v) running southwesterly about 

11 1339.12 feet to a point N. 2950376.85, E. 

12 781861.23; 

13 (vi) running northwesterly about 

14 23.00 feet to a point N. 2950399.84, E. 

15 781860.59; and 

16 (vii) running northeasterly about 

17 3681.70 feet to the point described in 

18 clause (i). 

19 SEC. 2109. PROJECT DEAUTHORIZATION AND STUDY EX20 TENSIONS. 

21 (a) PROJECT DEAUTHORIZATIONS.—Section 6003(a) 

22 of the Water Resources Reform and Development Act of 

23 2014 (33 U.S.C. 579c(a)) is amended— 

24 (1) by striking ‘‘7-year period’’ each place it ap25 pears and inserting ‘‘10-year period’’; and 


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

2 ‘‘(3) CALCULATION.—In calculating the time 

3 period under paragraph (1), the Secretary shall not 

4 include any period of time during which the project 

5 is being reviewed and awaiting a decision by the Sec6 retary on a locally preferred plan for that project 

7 under section 1036(a). 

8 ‘‘(4) EXCEPTION.—The Secretary shall not de9 authorize any project during the period described in 

10 paragraph (3).’’. 

11 (b) STUDY EXTENSIONS.—Section 1001(d)(4) of the 

12 Water Resources Reform and Development Act of 2014 

13 (33 U.S.C. 2282c(d)(4)) is amended by striking ‘‘7 years’’ 

14 and inserting ‘‘10 years’’. 

15 SEC. 2110. DEAUTHORIZATION OF INACTIVE STUDIES. 

16 (a) PURPOSES.—The purposes of this section are— 

17 (1) to identify $7,000,000,000 in feasibility 

18 studies for water resources development projects 

19 that have been authorized but are no longer viable 

20 due to— 

21 (A) a lack of local support; 

22 (B) a lack of available Federal or non-Fed23 eral resources; or 

24 (C) an authorizing purpose that is no 

25 longer relevant; 


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1 (2) to create an expedited and definitive process 

2 for Congress to deauthorize feasibility studies for 

3 water resources development projects that are no 

4 longer viable; and 

5 (3) to allow the continued authorization of fea6 sibility studies for water resources development 

7 projects that are viable. 

8 (b) INTERIM DEAUTHORIZATION LIST.— 

9 (1) IN GENERAL.—The Secretary shall develop 

10 an interim deauthorization list that identifies each 

11 feasibility study for a water resources development 

12 project, or a separable element of a project (referred 

13 to in this section as a ‘‘feasibility study’’)— 

14 (A) that has been authorized as of the date 

15 of enactment of this Act; and 

16 (B) for which no Federal funds have been 

17 made available during the 10-year period pre18 ceding the date of enactment of this Act. 

19 (2) PUBLIC COMMENT AND CONSULTATION.— 

20 (A) IN GENERAL.—The Secretary shall so21 licit comments from the public and from the 

22 Governor of each applicable State on the in23 terim deauthorization list developed under para24 graph (1). 


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1 (B) COMMENT PERIOD.—The comment pe2 riod shall be 90 days. 

3 (3) SUBMISSION TO CONGRESS; PUBLICA4 TION.—Not later than 90 days after the date of the 

5 close of the comment period under paragraph (2), 

6 the Secretary shall— 

7 (A) submit a revised interim deauthoriza8 tion list to the Committee on Environment and 

9 Public Works of the Senate and the Committee 

10 on Transportation and Infrastructure of the 

11 House of Representatives; and 

12 (B) publish the revised interim deauthor13 ization list in the Federal Register. 

14 (c) FINAL DEAUTHORIZATION LIST.— 

15 (1) IN GENERAL.—The Secretary shall develop 

16 a final deauthorization list of feasibility studies from 

17 the revised interim deauthorization list described in 

18 subsection (b)(3). 

19 (2) DEAUTHORIZATION AMOUNT.— 

20 (A) PROPOSED FINAL LIST.—The Sec21 retary shall prepare a proposed final deauthor22 ization list of feasibility studies that have, in 

23 the aggregate, an estimated Federal cost to 

24 complete that is at least $7,000,000,000. 


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1 (B) DETERMINATION OF FEDERAL COST

2 TO COMPLETE.—For purposes of subparagraph 

3 (A), the Federal cost to complete shall take into 

4 account any allowances authorized by section 

5 902 of the Water Resources Development Act 

6 of 1986 (33 U.S.C. 2280), as applied to the 

7 most recent study schedule and cost estimate. 

8 (3) IDENTIFICATION OF STUDIES.— 

9 (A) SEQUENCING OF STUDIES.— 

10 (i) IN GENERAL.—Except as provided 

11 in clause (ii), the Secretary shall identify 

12 feasibility studies for inclusion on the pro13 posed final deauthorization list according 

14 to the order in which the feasibility studies 

15 were authorized, beginning with the ear16 liest authorized feasibility study and end17 ing with the latest feasibility study nec18 essary to meet the aggregate amount 

19 under paragraph (2)(A). 

20 (ii) FACTORS TO CONSIDER.—The 

21 Secretary may identify feasibility studies in 

22 an order other than that established by 

23 clause (i) if the Secretary determines, on a 

24 case-by-case basis, that a feasibility study 

25 is critical for interests of the United 


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1 States, based on the possible impact of the 

2 project that is the subject of the feasibility 

3 study on public health and safety, the na4 tional economy, or the environment. 

5 (iii) CONSIDERATION OF PUBLIC COM6 MENTS.—In making determinations under 

7 clause (ii), the Secretary shall consider any 

8 comments received under subsection (b)(2). 

9 (B) APPENDIX.—The Secretary shall in10 clude as part of the proposed final deauthoriza11 tion list an appendix that— 

12 (i) identifies each feasibility study on 

13 the interim deauthorization list developed 

14 under subsection (b) that is not included 

15 on the proposed final deauthorization list; 

16 and 

17 (ii) describes the reasons why the fea18 sibility study is not included on the pro19 posed final list. 

20 (4) PUBLIC COMMENT AND CONSULTATION.— 

21 (A) IN GENERAL.—The Secretary shall so22 licit comments from the public and the Gov23 ernor of each applicable State on the proposed 

24 final deauthorization list and appendix devel25 oped under paragraphs (2) and (3). 


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1 (B) COMMENT PERIOD.—The public com2 ment period shall be 90 days. 

3 (5) SUBMISSION OF FINAL LIST TO CONGRESS; 

4 PUBLICATION.—Not later than 120 days after the 

5 date of the close of the comment period under para6 graph (4), the Secretary shall— 

7 (A) submit a final deauthorization list and 

8 an appendix to the final deauthorization list in 

9 a report to the Committee on Environment and 

10 Public Works of the Senate and the Committee 

11 on Transportation and Infrastructure of the 

12 House of Representatives; and 

13 (B) publish the final deauthorization list 

14 and the appendix to the final deauthorization 

15 list in the Federal Register. 

16 (d) DEAUTHORIZATION; CONGRESSIONAL REVIEW.— 

17 (1) IN GENERAL.—After the expiration of the 

18 180-day period beginning on the date of submission 

19 of the final deauthorization list and appendix under 

20 subsection (c), a feasibility study identified in the 

21 final deauthorization list shall be deauthorized, un22 less Congress passes a joint resolution disapproving 

23 the final deauthorization list prior to the end of that 

24 period. 

25 (2) NON-FEDERAL CONTRIBUTIONS.— 


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1 (A) IN GENERAL.—A feasibility study 

2 identified in the final deauthorization list under 

3 subsection (c) shall not be deauthorized under 

4 this subsection if, before the expiration of the 

5 180-day period referred to in paragraph (1), 

6 the non-Federal interest for the feasibility study 

7 provides sufficient funds to complete the feasi8 bility study. 

9 (B) TREATMENT OF STUDIES.—Notwith10 standing subparagraph (A), each feasibility 

11 study identified in the final deauthorization list 

12 shall be treated as deauthorized for purposes of 

13 the aggregate deauthorization amount described 

14 in subsection (c)(2)(A). 

15 (3) FEASIBILITY STUDIES IDENTIFIED IN AP16 PENDIX.—A feasibility study identified in the appen17 dix to the final deauthorization list shall remain sub18 ject to future deauthorization by Congress. 

19 Subtitle C—Water Resources 

20 Infrastructure 

21 SEC. 2201. PROJECT AUTHORIZATIONS. 

22 The following projects for water resources develop23 ment and conservation and other purposes, as identified 

24 in the report entitled ‘‘Report to Congress on Future 

25 Water Resources Development’’ submitted to Congress in 


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1 March 2017, pursuant to section 7001 of the Water Re2 sources Reform and Development Act of 2014 (33 U.S.C. 

3 2282d) or otherwise reviewed by Congress, are authorized 

4 to be carried out by the Secretary substantially in accord5 ance with the plans, and subject to the conditions, de6 scribed in the respective reports designated in this section: 

7 (1) NAVIGATION.— 

A. State B. Name 

C. Date of 

Report of 

Chief of 

Engineers 

D. Estimated Costs 

1. TX Houston-Galveston Navigation Channel Extension August 8, 

2017 

Federal: $10,239,000 

Non-Federal: $5,386,000 

Total: $15,625,000 

8 (2) FLOOD RISK MANAGEMENT.— 

A. State B. Name 

C. Date of 

Report of 

Chief of 

Engineers 

D. Estimated Costs 

1. HI Ala Wai Canal December 21, 

2017 

Federal: $199,237,000 

Non-Federal: $107,281,000 

Total: $306,518,000 

2. NY MamaroneckSheldrake 

Rivers 

December 14, 

2017 

Federal: $51,920,000 

Non-Federal: $27,960,000 

Total: $79,880,000 


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1 (3) HURRICANE AND STORM DAMAGE RISK RE2 DUCTION.— 

A. State B. Name 

C. Date of 

Report of 

Chief of 

Engineers 

D. Estimated Initial 

Costs and 

Estimated Renourishment Costs 

1. FL St. Johns 

County 

August 8, 

2017 

Initial Federal: $5,712,000 

Initial Non-Federal: 

$19,122,000 

Initial Total: $24,834,000 

Renourishment Federal: 

$9,484,000 

Renourishment Non-Federal: 

$44,099,000 

Renourishment Total: 

$53,583,000 

2. FL St. Lucie 

County 

December 15, 

2017 

Initial Federal: $7,097,000 

Initial Non-Federal: 

$13,179,000 

Initial Total: $20,276,000 

Renourishment Federal: 

$8,915,000 

Renourishment Non-Federal: 

$24,105,000 

Renourishment Total: 

$33,020,000 

3. TX Sabine Pass to 

Galveston 

Bay 

December 7, 

2017 

Federal: $2,157,202,000 

Non-Federal: $1,161,570,000 

Total: $3,318,772,000 

3 SEC. 2202. MCMICKEN DAM, ARIZONA, AND MUDDY RIVER, 

4 MASSACHUSETTS. 

5 (a) STUDY.—The Secretary shall conduct a study on 

6 the status of— 

7 (1) the project at McMicken Dam, Arizona; and 

8 (2) the project for flood damage reduction and 

9 environmental restoration, Muddy River, Brookline 

10 and Boston, Massachusetts, authorized by section 


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1 522 of the Water Resources Development Act of 

2 2000 (114 Stat. 2656). 

3 (b) REPORT.—Not later than 180 days after the date 

4 of enactment of this Act, the Secretary shall submit to 

5 Congress a report describing the results of the study under 

6 subsection (a). 

7 (c) REQUIREMENTS.—The report under subsection 

8 (b) shall include— 

9 (1) a description of the reasons of the Secretary 

10 for deauthorizing the projects described in sub11 section (a); and 

12 (2) if practicable, a description of conditions 

13 needed by the Secretary for the Secretary to reau14 thorize the projects described in subsection (a). 

15 SEC. 2203. ENVIRONMENTAL INFRASTRUCTURE PROJECTS. 

16 Section 219 of the Water Resources Development Act 

17 of 1992 (106 Stat. 4835, 113 Stat. 334, 114 Stat. 

18 2763A–219, 121 Stat. 1242, 121 Stat. 1261) is amend19 ed— 

20 (1) in subsection (f)— 

21 (A) in paragraph (25)— 

22 (i) by striking ‘‘$60,000,000’’ and in23 serting ‘‘$90,000,000’’; 

24 (ii) by striking ‘‘Berkeley’’; and 


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1 (iii) by striking ‘‘and Orangeberg’’ 

2 and inserting ‘‘Orangeburg, and Sumter’’; 

3 (B) in paragraph (43), by striking 

4 ‘‘$35,000,000’’ and inserting ‘‘$70,000,000’’; 

5 and 

6 (C) by striking paragraph (121) and in7 serting the following: 

8 ‘‘(121) CHARLOTTE COUNTY, FLORIDA.— 

9 $16,000,000 for wastewater infrastructure, Char10 lotte County, Florida.’’; and 

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

12 ‘‘(g) CONSIDERATION OF ADDITIONAL PROJECTS.— 

13 The Secretary shall consider and complete an assessment 

14 of the following projects: 

15 ‘‘(1) MACOMB COUNTY, MICHIGAN.—The 

16 project for wastewater infrastructure, Macomb 

17 County, Michigan. 

18 ‘‘(2) MILWAUKEE AND SHOREWOOD, WIS19 CONSIN.—The project for wastewater infrastructure, 

20 Milwaukee and Shorewood, Wisconsin.’’. 

21 SEC. 2204. CONDITIONAL REAUTHORIZATION OF ENVIRON22 MENTAL PROJECTS. 

23 (a) IN GENERAL.—A project described in subsection 

24 (b) shall be authorized for each of fiscal years 2019 

25 through 2021, if the Secretary receives from the project 


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1 sponsor a written request for the authorization by not 

2 later than 90 days after the date of enactment of this Act. 

3 (b) DESCRIPTION OF PROJECTS.—A project referred 

4 to in subsection (a) is a project that— 

5 (1) is an environmental project, as determined 

6 by the Chief of Engineers; 

7 (2) is described in section 219(f) of the Water 

8 Resources Development Act of 1992 (106 Stat. 

9 4835; 113 Stat. 334); and 

10 (3) was authorized— 

11 (A) pursuant to an amendment to that sec12 tion made by section 5158 of the Water Re13 sources Development Act of 2007 (121 Stat. 

14 1258); and 

15 (B) for an amount equal to not more than 

16 $2,000,000 for improvements to water related 

17 infrastructure. 

18 SEC. 2205. SENSE OF CONGRESS RELATING TO WEST 

19 HAVEN, CONNECTICUT. 

20 It is the sense of Congress that, to the maximum ex21 tent practicable, the Secretary should prioritize the project 

22 for storm damage reduction, West Haven, Connecticut, 

23 authorized by section 101 of the River and Harbor Act 

24 of 1954 (68 Stat. 1254) and section 3 of the Act of AuVerDate Sep 11 2014 01:38 May 15, 2018 Jkt 079200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\S2800.IS S2800

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1 gust 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 

2 426g). 

3 SEC. 2206. SENSE OF CONGRESS RELATING TO COASTAL 

4 TEXAS STUDY. 

5 It is the sense of Congress that the Secretary should 

6 expedite the completion of projects for flood damage re7 duction, hurricane and storm damage reduction, and eco8 system restoration in the coastal areas of Texas that are 

9 identified in the interim report due to be published in 

10 2018 that describes the tentatively selected plan developed 

11 in accordance with section 4091 of the Water Resources 

12 Development Act of 2007 (121 Stat. 1187). 

13 Subtitle D—Expedited and 

14 Modified Studies and Projects 

15 SEC. 2301. RAHWAY RIVER BASIN FLOOD RISK MANAGE16 MENT PROJECT. 

17 In accordance with section 1322(b)(2)(B) of the 

18 Water Infrastructure Improvements for the Nation Act 

19 (130 Stat. 1707), the Secretary shall expedite completion 

20 of the report for the project for flood risk management, 

21 Rahway River Basin, New Jersey, and, if the Secretary 

22 determines that the project is justified in the completed 

23 report, proceed directly to project preconstruction, engi24 neering, and design in accordance with section 910 of the 


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1 Water Resources Development Act of 1986 (33 U.S.C. 

2 2287). 

3 SEC. 2302. HUDSON-RARITAN ESTUARY COMPREHENSIVE 

4 RESTORATION PROJECT. 

5 The Secretary shall expedite the completion of the 

6 Hudson-Raritan Estuary Comprehensive Restoration 

7 Project— 

8 (1) in a timely manner; and 

9 (2) in accordance with section 1322(b)(2)(C) of 

10 the Water Infrastructure Improvements for the Na11 tion Act (130 Stat. 1707). 

12 SEC. 2303. CERTAIN PROJECTS IN RHODE ISLAND. 

13 The Secretary shall adhere to the proposed schedules 

14 and avoid delays to the extent practicable with respect 

15 to— 

16 (1) the project for navigation, Providence River, 

17 Rhode Island, authorized by the first section of the 

18 Act of August 26, 1937 (50 Stat. 845, chapter 832) 

19 and section 301 of the River and Harbor Act of 

20 1965 (79 Stat. 1089); 

21 (2) the feasibility study for the project for 

22 coastal storm risk management, Pawcatuck River, 

23 Rhode Island, authorized in the matter under the 

24 heading ‘‘INVESTIGATIONS’’ under the heading 

25 ‘‘CORPS OF ENGINEERS—CIVIL’’ under the heading 


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1 ‘‘DEPARTMENT OF THE ARMY’’ in title X of 

2 division A of the Disaster Relief Appropriations Act, 

3 2013 (Public Law 113–2; 127 Stat. 23); and 

4 (3) the Rhode Island historical structure flood 

5 hazard vulnerability assessment. 

6 SEC. 2304. CEDAR RIVER, IOWA. 

7 The Secretary shall expedite the project for flood risk 

8 management at Cedar River, Cedar Rapids, Iowa, author9 ized by section 7002(2) of the Water Resources Reform 

10 and Development Act of 2014 (128 Stat. 1366). 

11 SEC. 2305. PLYMOUTH HARBOR, MASSACHUSETTS. 

12 The Secretary shall expedite and complete the dredg13 ing of Plymouth Harbor, Massachusetts, as authorized by 

14 the Act of March 4, 1913 (37 Stat. 802, chapter 144), 

15 and the Act of September 22, 1922 (42 Stat. 1038, chap16 ter 427), not later than December 31, 2019. 

17 SEC. 2306. BRANDON ROAD STUDY. 

18 The Secretary shall complete a final feasibility report 

19 for the Great Lakes Mississippi River Interbasin Study 

20 Brandon Road Study, authorized under section 3061(d) 

21 of the Water Resources Development Act of 2007 (121 

22 Stat. 1121) and section 1538(b)(1) of MAP–21 (Public 

23 Law 112–141; 126 Stat. 586) by the original deadline of 

24 February 2019. 


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1 SEC. 2307. CENTRAL EVERGLADES PLANNING PROJECT. 

2 The Secretary shall expedite construction of a res3 ervoir south of Lake Okeechobee as part of the project 

4 for ecosystem restoration in the central Everglades au5 thorized by section 1401(4) of the Water Infrastructure 

6 Improvements for the Nation Act (130 Stat. 1713). 

7 SEC. 2308. PORTSMOUTH HARBOR AND PISCATAQUA RIVER. 

8 The Secretary shall expedite the project for naviga9 tion for Portsmouth Harbor and the Piscataqua River au10 thorized by section 101 of the River and Harbor Act of 

11 1962 (76 Stat. 1173). 

12 SEC. 2309. BLAIN ROAD FOOTBRIDGE, THOMPSON, CON13 NECTICUT. 

14 The Secretary shall proceed with the review of design 

15 plans for the Blain Road footbridge over West Thompson 

16 Lake, Thompson, Connecticut. 

17 SEC. 2310. TABLE ROCK LAKE, ARKANSAS AND MISSOURI. 

18 The Secretary shall comply with section 1185 of the 

19 Water Infrastructure Improvements for the Nation Act 

20 (130 Stat. 1680) with respect to the Table Rock Lake 

21 Master Plan and Table Rock Lake Shoreline Management 

22 Plan. 

23 SEC. 2311. MCCOOK RESERVOIR, ILLINOIS. 

24 The Secretary shall consider the project for flood con25 trol at McCook Reservoir, Illinois, authorized by section 

26 3(a)(5) of the Water Resources Development Act of 1988 


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1 (102 Stat. 4013; 110 Stat. 3716), a priority for the non2 Federal project implementation pilot project under section 

3 1043(b) of the Water Resources Reform and Development 

4 Act of 2014 (33 U.S.C. 2201 note; Public Law 113–121). 

5 SEC. 2312. BAPTISTE COLLETTE BAYOU STUDY, LOUISIANA. 

6 The Secretary shall expedite the review for the study 

7 for navigation and channel deepening, Baptiste Collette 

8 Bayou, Louisiana, under section 203 of the Water Re9 sources Development Act of 1986 (33 U.S.C. 2231). 

10 SEC. 2313. MORGANZA TO THE GULF, LOUISIANA. 

11 The Secretary shall expedite completion of the project 

12 for hurricane and storm damage risk reduction, Morganza 

13 to the Gulf, Louisiana, authorized by section 7002(3) of 

14 the Water Resources Reform and Development Act of 

15 2014 (128 Stat. 1368). 

16 SEC. 2314. LOUISIANA COASTAL AREA. 

17 The Secretary shall expedite completion of the project 

18 for environmental restoration, Louisiana Coastal Area, 

19 Louisiana, authorized by section 7002(5) of the Water Re20 sources Reform and Development Act of 2014 (128 Stat. 

21 1370). 

22 SEC. 2315. LOUISIANA COASTAL AREA–BARATARIA BASIN 

23 BARRIER. 

24 The Secretary shall expedite completion of the project 

25 for environmental restoration, Louisiana Coastal Area– 


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1 Barataria Basin Barrier, Louisiana, authorized by section 

2 7002(5) of the Water Resources Reform and Development 

3 Act of 2014 (128 Stat. 1370). 

4 SEC. 2316. WEST SHORE LAKE PONTCHARTRAIN, LOU5 ISIANA. 

6 The Secretary shall expedite completion of the project 

7 for hurricane and storm damage risk reduction, West 

8 Shore Lake Pontchartrain, Louisiana, authorized by sec9 tion 1401(3) of the Water Infrastructure Improvements 

10 for the Nation Act (130 Stat. 1712). 

11 SEC. 2317. SOUTHWEST COASTAL LOUISIANA. 

12 The Secretary shall expedite completion of the project 

13 for hurricane and storm damage risk reduction and eco14 system restoration, Southwest Coastal Louisiana, Lou15 isiana, authorized by section 1401(8) of the Water Infra16 structure Improvements for the Nation Act (130 Stat. 

17 1715). 

18 SEC. 2318. NEW YORK–NEW JERSEY HARBOR AND TRIBU19 TARIES FEASIBILITY STUDY. 

20 Not later than 90 days after the date of enactment 

21 of this Act, the Secretary shall complete the New York– 

22 New Jersey Harbor and Tributaries Focus Area Feasi23 bility Study authorized by the first section of the Act of 

24 June 15, 1955 (69 Stat. 132, chapter 140). 


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1 SEC. 2319. LOWER BRULE SHORELINE STABILIZATION 

2 PROJECT. 

3 (a) IN GENERAL.—The Secretary shall carry out a 

4 project for shoreline stabilization on the Lower Brule Res5 ervation, South Dakota, pursuant to section 203 of the 

6 Water Resources Development Act of 2000 (33 U.S.C. 

7 2269). 

8 (b) FEDERAL SHARE.—The Federal share of the cost 

9 of each separable element of the project described in sub10 section (a) may not exceed $10,000,000. 

11 SEC. 2320. HAMPTON HARBOR, NEW HAMPSHIRE, NAVIGA12 TION IMPROVEMENT PROJECT. 

13 In carrying out the project for navigation, Hampton 

14 Harbor, New Hampshire, under section 107 of the River 

15 and Harbor Act of 1960 (33 U.S.C. 577), the Secretary 

16 shall use all existing authorities of the Secretary to miti17 gate severe shoaling. 

18 SEC. 2321. NEW JERSEY AND DELAWARE BACK BAYS COAST19 AL STORM RISK MANAGEMENT. 

20 Notwithstanding section 1001(a)(1) of the Water Re21 sources Reform and Development Act of 2014 (33 U.S.C. 

22 2282c(a)(1)), the final feasibility report for coastal storm 

23 management, back bays, New Jersey and Delaware, shall 

24 be completed by the date that is not later than 6 years 

25 after the date of initiation of the feasibility study for the 

26 project. 


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1 SEC. 2322. MINNESOTA LOCKS AND DAMS DIVESTMENT 

2 STUDY. 

3 (a) EXPEDITED COMPLETION.—The Secretary shall 

4 expedite completion of the study with respect to the dives5 titure of the locks and dams of the Secretary in Minnesota 

6 in the St. Paul district of the Corps of Engineers. 

7 (b) PARTIAL DIVESTITURE.—The Secretary shall in8 clude in the report describing the result of the study de9 scribed in subsection (a) an examination of— 

10 (1) the possibility of the partial divestiture of 

11 the Secretary from the locks and dams described in 

12 that subsection; and 

13 (2) possible changes to the use of those locks 

14 and dams. 

15 TITLE III—PRIMARY CORPS OF 

16 ENGINEERS ACTIVITIES 

17 Subtitle A—Continuing Authorities 

18 Programs 

19 SEC. 3001. CORPS OF ENGINEERS CONTINUING AUTHORI20 TIES PROGRAM. 

21 (a) STORM AND HURRICANE RESTORATION AND IM22 PACT MINIMIZATION PROGRAM.—Section 3(c) of the Act 

23 of August 13, 1946 (60 Stat. 1056, chapter 960; 33 

24 U.S.C. 426g(c)) is amended— 

25 (1) in paragraph (1), by striking 

26 ‘‘$30,000,000’’ and inserting ‘‘$45,000,000’’; and 


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1 (2) in paragraph (2)(B), by striking 

2 ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. 

3 (b) SMALL RIVER AND HARBOR IMPROVEMENT

4 PROJECTS.—Section 107 of the River and Harbor Act of 

5 1960 (33 U.S.C. 577) is amended— 

6 (1) in subsection (a), by striking 

7 ‘‘$50,000,000’’ and inserting ‘‘$62,500,000’’; and 

8 (2) in subsection (b), by striking 

9 ‘‘$10,000,000’’ and inserting ‘‘$12,500,000’’. 

10 (c) SHORE DAMAGE PREVENTION OR MITIGATION.— 

11 Section 111 of the River and Harbor Act of 1968 (33 

12 U.S.C. 426i) is amended— 

13 (1) in subsection (c), by striking ‘‘$10,000,000’’ 

14 and inserting ‘‘$15,000,000’’; and 

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

16 ‘‘(f) CERTAIN PROJECTS.—Subject to the availability 

17 of appropriations, in the case of a project under this sec18 tion that, on the date of enactment of the America’s Water 

19 Infrastructure Act of 2018, is authorized to be carried out 

20 at a cost greater than $10,000,000, the Secretary may 

21 provide to the project an increase in funding equal to the 

22 lesser of— 

23 ‘‘(1) 50 percent of the authorized amount; and 

24 ‘‘(2) $5,000,000.’’. 


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1 (d) REGIONAL SEDIMENT MANAGEMENT.—Section 

2 204 of the Water Resources Development Act of 1992 (33 

3 U.S.C. 2326) is amended— 

4 (1) in subsection (c)(1)(C), by striking 

5 ‘‘$10,000,000’’ and inserting ‘‘$12,500,000’’; and 

6 (2) in subsection (g), in the first sentence, by 

7 striking ‘‘$50,000,000’’ and inserting 

8 ‘‘$62,500,000’’. 

9 (e) SMALL FLOOD CONTROL PROJECTS.—Section 

10 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) 

11 is amended— 

12 (1) in the first sentence, by striking 

13 ‘‘$55,000,000’’ and inserting ‘‘$82,500,000’’; and 

14 (2) in the third sentence, by striking 

15 ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. 

16 (f) AQUATIC ECOSYSTEM RESTORATION.—Section 

17 206 of the Water Resources Development Act of 1996 (33 

18 U.S.C. 2330) is amended— 

19 (1) in subsection (a), by adding at the end the 

20 following: 

21 ‘‘(3) REQUIREMENT.—In carrying out projects 

22 under this section, the Secretary shall carry out— 

23 ‘‘(A) not less than 2 projects in areas with 

24 a population of 80,000 or less; and 


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1 ‘‘(B) not less than 2 projects in areas with 

2 a population of 2,500,000 or more.’’; 

3 (2) in subsection (d), by striking 

4 ‘‘$10,000,000’’ and inserting ‘‘$12,500,000’’; and 

5 (3) in subsection (e), by striking ‘‘$50,000,000’’ 

6 and inserting ‘‘$62,500,000’’. 

7 (g) PROJECT MODIFICATIONS FOR IMPROVEMENT OF

8 ENVIRONMENT.— 

9 (1) IN GENERAL.—Section 1135 of the Water 

10 Resources Development Act of 1986 (33 U.S.C. 

11 2309a) is amended— 

12 (A) in subsection (d), in the third sentence, 

13 by striking ‘‘$10,000,000’’ and inserting 

14 ‘‘$15,000,000’’; 

15 (B) in subsection (h), by striking 

16 ‘‘$40,000,000’’ and inserting ‘‘$60,000,000’’; 

17 (C) by redesignating subsections (h) and 

18 (i) as subsections (i) and (j), respectively; and 

19 (D) by inserting after subsection (g) the 

20 following: 

21 ‘‘(h) PRIORITIZATION OF CERTAIN PROJECTS.—In 

22 carrying out activities under this section in the Upper Mis23 souri River Basin, the Secretary shall give priority to 

24 projects within that area that restore degraded ecosystems 


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1 through modification of existing flood risk management 

2 projects.’’. 

3 (2) CONFORMING AMENDMENT.—Section 

4 4014(c)(1) of the Water Resources Reform and De5 velopment Act of 2014 (33 U.S.C. 2803a(c)(1)) is 

6 amended by striking subparagraph (B) and inserting 

7 the following: 

8 ‘‘(B) Section 1135 of the Water Resources 

9 Development Act of 1986 (33 U.S.C. 2309a).’’. 

10 SEC. 3002. SENSE OF CONGRESS RELATING TO CON11 TINUING AUTHORITIES PROGRAM. 

12 It is the sense of Congress that for each fiscal year, 

13 there should be made available to the Secretary the full 

14 amount of appropriations to carry out the continuing au15 thorities program, which consists of— 

16 (1) section 14 of the Flood Control Act of 1946 

17 (33 U.S.C. 701r); 

18 (2) section 3 of the Act of August 13, 1946 (60 

19 Stat. 1056, chapter 960; 33 U.S.C. 426g); 

20 (3) section 107 of the River and Harbor Act of 

21 1960 (33 U.S.C. 577); 

22 (4) section 111 of the River and Harbor Act of 

23 1968 (33 U.S.C. 426i); 

24 (5) section 204 of the Water Resources Devel25 opment Act of 1992 (33 U.S.C. 2326); 


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1 (6) section 205 of the Flood Control Act of 

2 1948 (33 U.S.C. 701s); 

3 (7) section 206 of the Water Resources Devel4 opment Act of 1996 (33 U.S.C. 2330); 

5 (8) section 2 of the Act of August 28, 1937 (50 

6 Stat. 877, chapter 877; 33 U.S.C. 701g); and 

7 (9) section 1135 of the Water Resources Devel8 opment Act of 1986 (33 U.S.C. 2309a). 

9 SEC. 3003. REPORT RELATING TO AVAILABILITY OF 

10 PRIORITIZED CAP PROJECTS. 

11 As soon as practicable after the date of enactment 

12 of this Act, the Secretary shall publish in the Federal Reg13 ister and on a publicly available website the prioritization 

14 criteria and the annual report required under paragraphs 

15 (2) and (3), respectively, of section 1030(a) of the Water 

16 Resources Reform and Development Act of 2014 (33 

17 U.S.C. 400). 

18 Subtitle B—Navigation 

19 PART I—INLAND WATERWAYS 

20 SEC. 3101. GAO STUDY ON NAVIGATION AND ECOSYSTEM 

21 SUSTAINABILITY PROGRAM. 

22 Not later than 1 year after the date of enactment 

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

24 shall— 


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1 (1) complete a study on the implementation of 

2 the navigation and ecosystem sustainability program 

3 under title VIII of the Water Resources Develop4 ment Act of 2007 (33 U.S.C. 652 note; Public Law 

5 110–114); and 

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

7 of the study under paragraph (1), including a de8 scription of the obstacles that must be removed to 

9 implement the program expeditiously. 

10 PART II—PORTS AND HARBORS 

11 SEC. 3111. AUTHORIZATION OF APPROPRIATIONS FOR PUR12 CHASE OF HOPPER DREDGE. 

13 (a) IN GENERAL.—There is authorized to be appro14 priated to the Secretary $150,000,000 for the purchase 

15 of a hopper dredge. 

16 (b) USE OF HOPPER DREDGE.—A hopper dredge 

17 purchased with funds under subsection (a) shall be used 

18 primarily in areas that have been consistently damaged 

19 by extreme weather events. 

20 SEC. 3112. AUTHORIZATION OF APPROPRIATIONS FOR PUR21 CHASE OF MAT SINKING UNIT. 

22 There is authorized to be appropriated to the Sec23 retary $125,000,000 for the purchase of a mat sinking 

24 unit. 


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1 SEC. 3113. HOPPER DREDGE AND MAT SINKING UNIT. 

2 It is the sense of Congress that, in considering the 

3 least cost alternative for purchasing a hopper dredge and 

4 mat sinking unit, the Corps of Engineers should consider 

5 entering into a lease to purchase. 

6 SEC. 3114. SENSE OF CONGRESS RELATING TO KENNEBEC 

7 RIVER FEDERAL NAVIGATION CHANNEL. 

8 It is the sense of Congress that periodic maintenance 

9 dredging of the Federal navigation channel in the Ken10 nebec River, Maine, should be prioritized, based on a joint 

11 plan developed by the Secretary and the Secretary of the 

12 Navy. 

13 SEC. 3115. SENSE OF CONGRESS RELATING TO WIL14 MINGTON HARBOR DREDGING. 

15 It is the sense of Congress that the Secretary should 

16 prioritize annual dredging for Wilmington Harbor, Dela17 ware. 

18 SEC. 3116. PORT OF ARLINGTON. 

19 The Secretary shall reimburse the Port of Arlington, 

20 Gillam County, Oregon, not more than $3,200,000, for the 

21 costs incurred by the Port of Arlington for construction 

22 and other expenses for the project described in the matter 

23 under the heading ‘‘REGULATORY PROGRAM’’ under the 

24 heading ‘‘CORPS OF ENGINEERS—CIVIL’’ under the head25 ing ‘‘DEPARTMENT OF THE ARMY’’ under the head26 ing of ‘‘DEPARTMENT OF DEFENSE—CIVIL’’ in 


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1 title I of division C of the Omnibus Appropriations Act, 

2 2009 (Public Law 111–8; 123 Stat. 604), as authorized 

3 under that provision. 

4 SEC. 3117. PEARL RIVER BASIN DEMONSTRATION PRO5 GRAM. 

6 (a) DEFINITION OF ENVIRONMENTAL IMPACT

7 STATEMENT.—In this section, the term ‘‘environmental 

8 impact statement’’ means the detailed written statement 

9 required under section 102(2)(C) of the National Environ10 mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 

11 (b) DEMONSTRATION PROGRAM.—The Secretary 

12 shall establish a demonstration program to allow a project 

13 authorized by section 211 of the Water Resources Devel14 opment Act of 1996 (33 U.S.C. 701b–13) (as in effect 

15 on the day before the date of enactment of the Water Re16 sources Reform and Development Act of 2014 (128 Stat. 

17 1193)) to begin preliminary engineering and design after 

18 the completion of a feasibility study and an environmental 

19 impact statement for the project. 

20 (c) REQUIREMENTS.—For each project authorized to 

21 begin preliminary engineering and design under subsection 

22 (b)— 

23 (1) the project shall conform to the feasibility 

24 study approved by the headquarters office of the 


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1 Corps of Engineers and the environmental impact 

2 statement for the project; and 

3 (2) the Secretary and the non-Federal sponsor 

4 shall jointly agree to the construction design of the 

5 project. 

6 (d) REPAYMENT.—If a project authorized to begin 

7 preliminary engineering and design under subsection (b) 

8 does not receive a favorable final decision document, the 

9 non-Federal sponsor of the project shall repay any funds 

10 provided under this section for the project. 

11 (e) SUNSET.—The authority to carry out the dem12 onstration program under this section shall terminate on 

13 the date that is 5 years after the date of enactment of 

14 this Act. 

15 SEC. 3118. EXPEDITED INITIATION. 

16 Section 1322(b)(2) of the Water Infrastructure Im17 provements for the Nation Act (130 Stat. 1707) is amend18 ed in the matter preceding subparagraph (A) by striking 

19 ‘‘if the Secretary’’ and all that follows through ‘‘2287)’’ 

20 and inserting ‘‘once the general reevaluation report for the 

21 project has been submitted for approval, shall immediately 

22 initiate preconstruction engineering and design for the 

23 project’’. 


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1 PART III—MISCELLANEOUS PROVISIONS 

2 SEC. 3121. REPORT ON DEBRIS REMOVAL. 

3 Not later than 180 days after the date of enactment 

4 of this Act, the Secretary shall submit to Congress and 

5 make publicly available a report that describes— 

6 (1) the extent to which the Secretary has car7 ried out section 3 of the Act of March 2, 1945 (59 

8 Stat. 23, chapter 19; 33 U.S.C. 603a); 

9 (2) how the Secretary has evaluated potential 

10 projects to be carried out under that section; and 

11 (3) recommendations for the establishment of a 

12 pilot program to improve the implementation of that 

13 section. 

14 SEC. 3122. CAPE ARUNDEL DISPOSAL SITE, MAINE. 

15 Section 113 of the Energy and Water Development 

16 and Related Agencies Appropriations Act, 2014 (Public 

17 Law 113–76; 128 Stat. 158) is amended by striking ‘‘for 

18 5 years after the date of enactment of this Act’’ and in19 serting ‘‘until December 31, 2021’’. 

20 SEC. 3123. DELAWARE RIVER NAVIGATION PROJECT. 

21 Section 1131(3) of the Water Resources Development 

22 Act of 1986 (100 Stat. 4246) is amended by striking ‘‘ten 

23 feet’’ and inserting ‘‘35 feet’’. 


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1 SEC. 3124. SENSE OF CONGRESS RELATING TO EROSION ON 

2 THE BANKS OF THE OHIO RIVER NEAR 

3 CLARKSVILLE, INDIANA. 

4 It is the sense of Congress that the Secretary should 

5 use the authority provided to the Secretary under section 

6 9 of the Flood Control Act of 1946 (60 Stat. 643, chapter 

7 596) to address erosion issues on the Ohio River near 

8 Clarksville, Indiana. 

9 Subtitle C—Locks, Dams, Levees, 

10 and Dikes 

11 SEC. 3201. CERTAIN LEVEE IMPROVEMENTS. 

12 (a) IN GENERAL.—In the case of a levee described 

13 in subsection (b), the Secretary is encouraged to cooperate 

14 to the maximum extent practicable with non-Federal spon15 sors to implement necessary improvements to the levee. 

16 (b) LEVEES DESCRIBED.—A levee referred to in sub17 section (a) is a levee that is— 

18 (1) owned, operated, and maintained by the 

19 Secretary; and 

20 (2) hydraulically tied to a community-owned 

21 levee that is not accredited by the Federal Emer22 gency Management Agency in accordance with sec23 tion 65.10 of title 44, Code of Federal Regulations 

24 (or successor regulations). 


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1 SEC. 3202. REHABILITATION OF CORPS OF ENGINEERS 

2 CONSTRUCTED DAMS. 

3 Section 1177 of the Water Infrastructure Improve4 ments for the Nation Act (33 U.S.C. 467f–2 note; Public 

5 Law 114–322) is amended— 

6 (1) in subsection (e), by striking ‘‘$10,000,000’’ 

7 and inserting ‘‘$40,000,000’’; and 

8 (2) in subsection (f), by striking ‘‘$10,000,000’’ 

9 and inserting ‘‘$40,000,000’’. 

10 SEC. 3203. NON-FEDERAL DAMS. 

11 The Secretary may accept and expend funds from an 

12 owner of a non-Federal dam for the review and revision 

13 of water operations manuals and flood control curves if 

14 the Secretary regulates the non-Federal facilities associ15 ated with the non-Federal dam under section 7 of the Act 

16 of December 22, 1944 (commonly known as the ‘‘Flood 

17 Control Act of 1944’’) (58 Stat. 890, chapter 665; 33 

18 U.S.C. 709). 

19 SEC. 3204. REAUTHORIZATION OF NATIONAL DAM SAFETY 

20 PROGRAM ACT. 

21 Section 14 of the National Dam Safety Program Act 

22 (33 U.S.C. 467j) is amended by striking ‘‘for each of fiscal 

23 years 2015 through 2019’’ each place it appears and in24 serting ‘‘for each of fiscal years 2015 through 2021’’. 


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1 SEC. 3205. SENSE OF CONGRESS RELATING TO IMPLEMEN2 TATION GUIDANCE FOR DAM SAFETY REPAIR 

3 PROJECTS. 

4 It is the sense of Congress that the Secretary should 

5 expeditiously issue guidance as required under section 

6 1139 of the Water Infrastructure Improvements for the 

7 Nation Act (33 U.S.C. 467n note; Public Law 114–322). 

8 SEC. 3206. REAUTHORIZATION OF NATIONAL LEVEE SAFE9 TY PROGRAM. 

10 (a) LEVEE SAFETY INITIATIVE.—Section 9005 of the 

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

12 3303a) is amended— 

13 (1) in subsection (c), by adding at the end the 

14 following: 

15 ‘‘(6) UPDATES.—Not later than 1 year after 

16 the date of enactment of the America’s Water Infra17 structure Act of 2018, the Secretary shall update 

18 the guidelines issued under paragraph (1) in accord19 ance with this subsection.’’; 

20 (2) in subsection (g)— 

21 (A) in paragraph (1), by adding at the end 

22 the following: 

23 ‘‘(D) UPDATE.—Not later than 1 year 

24 after the date of enactment of the America’s 

25 Water Infrastructure Act of 2018, the Sec26 retary shall update the guidelines issued under 


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1 subparagraph (A) in accordance with this para2 graph.’’; and 

3 (B) in paragraph (2)(E)(i), by striking 

4 ‘‘for each of fiscal years 2015 through 2019’’ 

5 and inserting ‘‘for each of fiscal years 2015 

6 through 2021’’; and 

7 (3) in subsection (h)(3), by adding at the end 

8 the following: 

9 ‘‘(F) UPDATE.—Not later than 1 year 

10 after the date of enactment of the America’s 

11 Water Infrastructure Act of 2018, the Sec12 retary shall update the guidelines issued under 

13 subparagraph (D).’’. 

14 (b) REPORTS.—Section 9006 of the Water Resources 

15 Development Act of 2007 (33 U.S.C. 3303b) is amend16 ed— 

17 (1) in subsection (b), by inserting ‘‘, and not 

18 later than 1 year after the date of enactment of the 

19 America’s Water Infrastructure Act of 2018,’’ after 

20 ‘‘this subsection,’’; 

21 (2) in subsection (c), in the matter preceding 

22 paragraph (1), by inserting ‘‘, and not later than 1 

23 year after the date of enactment of the America’s 

24 Water Infrastructure Act of 2018,’’ after ‘‘Water 

25 Resources Development Act of 2016,’’; and 


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1 (3) in subsection (d), in the matter preceding 

2 paragraph (1), by inserting ‘‘, and not later than 1 

3 year after the date of enactment of the America’s 

4 Water Infrastructure Act of 2018,’’ after ‘‘Water 

5 Resources Development Act of 2016,’’. 

6 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

7 9008 of the Water Resources Development Act of 2007 

8 (33 U.S.C. 3305) is amended— 

9 (1) in the matter preceding paragraph (1), by 

10 striking ‘‘is’’ and inserting ‘‘are’’; and 

11 (2) by striking ‘‘for each of fiscal years 2015 

12 through 2019’’ each place it appears and inserting 

13 ‘‘for each of fiscal years 2015 through 2021’’. 

14 SEC. 3207. REAUTHORIZATION OF LOCK OPERATIONS 

15 PILOT PROGRAM. 

16 Section 1017(f) of the Water Resources Reform and 

17 Development Act of 2014 (33 U.S.C. 2212 note; Public 

18 Law 113–121) is amended by striking ‘‘5 years’’ and in19 serting ‘‘10 years’’. 

20 SEC. 3208. RESTRICTED AREAS AT CORPS OF ENGINEERS 

21 DAMS. 

22 Section 2 of the Freedom to Fish Act (Public Law 

23 113–13; 127 Stat. 449, 128 Stat. 1271) is amended by 

24 striking ‘‘4 years after the date of enactment of the Water 

25 Resources Reform and Development Act of 2014’’ each 


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1 place it appears and inserting ‘‘5 years after the date of 

2 enactment of the America’s Water Infrastructure Act of 

3 2018’’. 

4 SEC. 3209. CERTAIN BUREAU OF RECLAMATION DIKES. 

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law (including regulations), effective beginning on 

7 the date of enactment of this Act, the Federal share of 

8 the operations and maintenance costs of a dike described 

9 in subsection (b) shall be 100 percent. 

10 (b) DESCRIPTION OF DIKES.—A dike referred to in 

11 subsection (a) is a dike— 

12 (1) that is owned by the Bureau of Reclamation 

13 on the date of enactment of this Act; 

14 (2) the construction of which was completed not 

15 later than December 31, 1945; and 

16 (3) a corrective action study for which was com17 pleted not later than December 31, 2015. 

18 SEC. 3210. REHABILITATION OF HIGH-HAZARD POTENTIAL 

19 DAMS. 

20 Section 8A of the National Dam Safety Program Act 

21 (33 U.S.C. 467f–2) is amended by striking subsection (e) 

22 and inserting the following: 

23 ‘‘(e) EMERGENCY ACTION PLANS.— 

24 ‘‘(1) IN GENERAL.—As a condition of receipt of 

25 assistance under this section, the non-Federal sponVerDate Sep 11 2014 01:38 May 15, 2018 Jkt 079200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\S2800.IS S2800

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1 sor shall demonstrate that an emergency action plan 

2 is in place to protect the safety of persons and prop3 erty in the area potentially affected by a breach of 

4 the dam. 

5 ‘‘(2) INCLUSIONS.—An emergency action plan 

6 under paragraph (1) shall address— 

7 ‘‘(A) incident detection, evaluation, and 

8 emergency level determination; 

9 ‘‘(B) notification and communication; 

10 ‘‘(C) emergency actions; 

11 ‘‘(D) termination and follow-up; and 

12 ‘‘(E) public education and awareness of 

13 the emergency action plan.’’. 

14 SEC. 3211. MAINTENANCE OF HIGH RISK FLOOD CONTROL 

15 PROJECTS. 

16 In any case in which the Secretary has assumed, as 

17 of the date of enactment of this Act, responsibility for the 

18 maintenance of a project classified as class III under the 

19 Dam Safety Action Classification of the Corps of Engi20 neers, the Secretary shall continue to be responsible for 

21 the maintenance of that project until the earlier of— 

22 (1) the date on which the project is modified to 

23 reduce that risk and the Secretary determines that 

24 the project is no longer classified as class III under 


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1 the Dam Safety Action Classification of the Corps of 

2 Engineers; and 

3 (2) the date that is 15 years after the date of 

4 enactment of this Act. 

5 Subtitle D—Water Supply 

6 SEC. 3301. AUTHORITY TO MAKE ENTIRE ACTIVE CAPACITY 

7 OF FONTENELLE RESERVOIR AVAILABLE 

8 FOR USE. 

9 (a) IN GENERAL.—The Secretary of the Interior (re10 ferred to in this section as the ‘‘Secretary’’), in coopera11 tion with the State of Wyoming, may amend the Definite 

12 Plan Report for the Seedskadee Project authorized under 

13 the first section of the Act of April 11, 1956 (commonly 

14 known as the ‘‘Colorado River Storage Project Act’’) (43 

15 U.S.C. 620), to provide for the study, design, planning, 

16 and construction activities that will enable the use of all 

17 active storage capacity (as may be defined or limited by 

18 legal, hydrologic, structural, engineering, economic, and 

19 environmental considerations) of Fontenelle Dam and 

20 Reservoir, including the placement of sufficient riprap on 

21 the upstream face of Fontenelle Dam to allow the active 

22 storage capacity of Fontenelle Reservoir to be used for 

23 those purposes for which the Seedskadee Project was au24 thorized. 

25 (b) COOPERATIVE AGREEMENTS.— 


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1 (1) IN GENERAL.—The Secretary may enter 

2 into any contract, grant, cooperative agreement, or 

3 other agreement that is necessary to carry out sub4 section (a). 

5 (2) STATE OF WYOMING.— 

6 (A) IN GENERAL.—The Secretary shall 

7 enter into a cooperative agreement with the 

8 State of Wyoming to work in cooperation and 

9 collaboratively with the State of Wyoming for 

10 planning, design, related preconstruction activi11 ties, and construction of any modification of the 

12 Fontenelle Dam under subsection (a). 

13 (B) REQUIREMENTS.—The cooperative 

14 agreement under subparagraph (A) shall, at a 

15 minimum, specify the responsibilities of the 

16 Secretary and the State of Wyoming with re17 spect to— 

18 (i) completing the planning and final 

19 design of the modification of the 

20 Fontenelle Dam under subsection (a); 

21 (ii) any environmental and cultural re22 source compliance activities required for 

23 the modification of the Fontenelle Dam 

24 under subsection (a) including compliance 

25 with— 


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1 (I) the National Environmental 

2 Policy Act of 1969 (42 U.S.C. 4321 

3 et seq.); 

4 (II) the Endangered Species Act 

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

6 (III) subdivision 2 of division A 

7 of subtitle III of title 54, United 

8 States Code; and 

9 (iii) the construction of the modifica10 tion of the Fontenelle Dam under sub11 section (a). 

12 (c) FUNDING BY STATE OF WYOMING.—Pursuant to 

13 the Act of March 4, 1921 (41 Stat. 1404, chapter 161; 

14 43 U.S.C. 395), and as a condition of providing any addi15 tional storage under subsection (a), the State of Wyoming 

16 shall provide to the Secretary funds for any work carried 

17 out under subsection (a). 

18 (d) OTHER CONTRACTING AUTHORITY.— 

19 (1) IN GENERAL.—The Secretary may enter 

20 into contracts with the State of Wyoming, on such 

21 terms and conditions as the Secretary and the State 

22 of Wyoming may agree, for division of any addi23 tional active capacity made available under sub24 section (a). 


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1 (2) TERMS AND CONDITIONS.—Unless other2 wise agreed to by the Secretary and the State of 

3 Wyoming, a contract entered into under paragraph 

4 (1) shall be subject to the terms and conditions of 

5 Bureau of Reclamation Contract No. 14–06–400– 

6 2474 and Bureau of Reclamation Contract No. 14– 

7 06–400–6193. 

8 (e) SAVINGS PROVISIONS.—Unless expressly provided 

9 in this section, nothing in this section modifies, conflicts 

10 with, preempts, or otherwise affects— 

11 (1) the Boulder Canyon Project Act (43 U.S.C. 

12 617 et seq.); 

13 (2) the Colorado River Compact of 1922, as ap14 proved by the Presidential Proclamation of June 25, 

15 1929 (46 Stat. 3000); 

16 (3) the Boulder Canyon Project Adjustment Act 

17 (43 U.S.C. 618 et seq.); 

18 (4) the Treaty between the United States of 

19 America and Mexico relating to the utilization of 

20 waters of the Colorado and Tijuana Rivers and of 

21 the Rio Grande, and supplementary protocol signed 

22 November 14, 1944, signed at Washington February 

23 3, 1944 (59 Stat. 1219); 


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1 (5) the Upper Colorado River Basin Compact 

2 as consented to by the Act of April 6, 1949 (63 

3 Stat. 31); 

4 (6) the Act of April 11, 1956 (commonly known 

5 as the ‘‘Colorado River Storage Project Act’’) (43 

6 U.S.C. 620 et seq.); 

7 (7) the Colorado River Basin Project Act (Pub8 lic Law 90–537; 82 Stat. 885); or 

9 (8) any State of Wyoming or other State water 

10 law. 

11 SEC. 3302. PRICING OF WATER STORAGE CONTRACTS. 

12 Section 7 of the Flood Control Act of 1944 (33 

13 U.S.C. 709) is amended— 

14 (1) by striking ‘‘such regulations: Provided, 

15 That this section’’ and inserting the following: 

16 ‘‘those regulations. 

17 ‘‘(2) EXCEPTION.—This subsection’’; and 

18 (2) by striking the section designation and all 

19 that follows through ‘‘It shall be the duty of the Sec20 retary of the Army to’’ and inserting the following: 

21 ‘‘SEC. 7. WATER STORAGE. 

22 ‘‘(a) PRICING OF CONTRACTS.— 

23 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

24 the Secretary of the Army shall price each water 


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1 storage contract entered into by the Secretary at fair 

2 market value. 

3 ‘‘(2) FAIR MARKET VALUE REQUIREMENT.— 

4 For purposes of paragraph (1), the fair market 

5 value of a water storage contract shall not exceed 

6 110 percent of the lowest-contracted price at any fa7 cility of the Corps of Engineers located within 50 

8 miles of the water source covered by the contract, as 

9 adjusted for inflation. 

10 ‘‘(b) FLOOD CONTROL AND NAVIGATION.— 

11 ‘‘(1) IN GENERAL.—Except as provided in para12 graph (2), the Secretary of the Army shall’’. 

13 SEC. 3303. REPORT ON WATER SUPPLY CONTRACT, WRIGHT 

14 PATMAN LAKE, TEXAS. 

15 Not later than June 30, 2019, the Secretary shall 

16 submit to Congress a report on the status of the imple17 mentation of the water supply contract, Department of the 

18 Army, Civil Works Contract No. 29–68–A–0130, at 

19 Wright Patman Lake, Texas, that— 

20 (1) describes the accomplishments or failures 

21 relating to the implementation of that contract at 

22 Wright Patman Lake; 

23 (2) identifies— 


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1 (A) the activities that the Secretary ex2 pects to be necessary to complete the execution 

3 of the contract; 

4 (B) the expected completion date for each 

5 activity identified under subparagraph (A); and 

6 (C) the expected execution date of the con7 tract; and 

8 (3) describes any adjustments to the timeline 

9 for completion of the execution of the contract that 

10 the Secretary determines to be necessary. 

11 SEC. 3304. SENSE OF CONGRESS RELATING TO WRIGHT 

12 PATMAN LAKE, SULPHUR RIVER BASIN, 

13 TEXAS. 

14 It is the sense of Congress that the Secretary should 

15 implement the Department of the Army, Civil Works Con16 tract No. 29–68–A–0130, at Wright Patman Lake, Texas, 

17 in an expeditious manner and in accordance with all appli18 cable Federal and State water laws, including through the 

19 acceptance and expenditure of funds contributed by a non20 Federal interest for any study required by law. 

21 SEC. 3305. CITY RESERVOIR EXPANSION PILOT PROGRAM. 

22 (a) IN GENERAL.—The Secretary shall establish a 

23 pilot program to expedite review of applications described 

24 in subsection (b). 


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1 (b) APPLICATIONS DESCRIBED.—An application re2 ferred to in subsection (a) is an application for a permit 

3 from the Secretary— 

4 (1) to expand a reservoir for which not less 

5 than 80 percent of the water rights are for commu6 nity drinking water supplies in order to accommo7 date projected water supply needs of a city with a 

8 population of less than 80,000; and 

9 (2) from a city in which— 

10 (A) any portion of the water resources 

11 available to the community are polluted by 

12 chemicals used at a formerly used defense site 

13 under the jurisdiction of the Department of De14 fense that is undergoing (or is scheduled to un15 dergo) environmental remediation under chap16 ter 160 of title 10, United States Code; and 

17 (B) mitigation of the pollution described in 

18 subparagraph (A) is ongoing. 

19 (c) SUNSET.—The authority to carry out the pilot 

20 program under this section shall terminate on the date 

21 that is 10 years after the date of enactment of this Act. 


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1 SEC. 3306. SENSE OF CONGRESS RELATING TO WATER-RE2 LATED INFRASTRUCTURE IN IDAHO, MON3 TANA, RURAL NEVADA, NEW MEXICO, RURAL 

4 UTAH, AND WYOMING. 

5 It is the sense of Congress that appropriations au6 thorized by section 595(i) of the Water Resources Devel7 opment Act of 1999 (113 Stat. 384; 128 Stat. 1316; 130 

8 Stat. 1681) should be maintained at an amount not less 

9 than $75,000,000. 

10 Subtitle E—Sediment Management 

11 SEC. 3401. MISSOURI RIVER RESERVOIR SEDIMENT MAN12 AGEMENT. 

13 Section 1179(a) of the Water Infrastructure Im14 provements for the Nation Act (130 Stat. 1675) is amend15 ed— 

16 (1) by redesignating paragraphs (4) through 

17 (8) as paragraphs (5) through (9), respectively; 

18 (2) by inserting after paragraph (3) the fol19 lowing: 

20 ‘‘(4) PRIORITIZATION OF SEDIMENT MANAGE21 MENT PLANS.—In carrying out the pilot project 

22 under this subsection, the Secretary shall give pri23 ority to developing and implementing sediment man24 agement plans that affect reservoirs that cross State 

25 lines.’’; 

26 (3) in paragraph (8) (as so redesignated)— 


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1 (A) by redesignating subparagraph (B) as 

2 subparagraph (C); and 

3 (B) by striking subparagraph (A) and in4 serting the following: 

5 ‘‘(A) IN GENERAL.—The Secretary shall 

6 carry out the pilot program established under 

7 this subsection in partnership with the Sec8 retary of the Interior, and the program shall 

9 apply to reservoirs managed or owned by the 

10 Bureau of Reclamation. 

11 ‘‘(B) MEMORANDUM OF AGREEMENT.— 

12 For sediment management plans that apply to 

13 a reservoir managed or owned by the Bureau of 

14 Reclamation under subparagraph (A), the Sec15 retary and the Secretary of the Interior shall 

16 execute a memorandum of agreement estab17 lishing the framework for a partnership and the 

18 terms and conditions for sharing expertise and 

19 resources.’’; and 

20 (4) by adding at the end the following: 

21 ‘‘(10) PRIORITIZATION OF FUNDS.—To the 

22 maximum extent practicable, in carrying out any 

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1 retary of the Interior, as applicable, shall give pri2 ority to activities under this subsection.’’. 

3 SEC. 3402. RESERVOIR SEDIMENT. 

4 Section 215 of the Water Resources Development Act 

5 of 2000 (33 U.S.C. 2326c) is amended— 

6 (1) in subsection (a)— 

7 (A) by striking ‘‘the date of enactment of 

8 the Water Resources Development Act of 2016’’ 

9 and inserting ‘‘the date of enactment of the 

10 America’s Water Infrastructure Act of 2018’’; 

11 and 

12 (B) by striking ‘‘shall establish, using 

13 available funds, a pilot program to accept’’ and 

14 inserting ‘‘shall, using available funds, accept’’; 

15 (2) in subsection (b)— 

16 (A) in paragraph (2), by adding ‘‘and’’ at 

17 the end; 

18 (B) in paragraph (3), by striking ‘‘; and’’ 

19 at the end and inserting a period; and 

20 (C) by striking paragraph (4); and 

21 (3) by striking subsection (f) and inserting the 

22 following: 

23 ‘‘(f) REPORT TO CONGRESS.—Not later than 3 years 

24 after the date of enactment of the America’s Water Infra25 structure Act of 2018, the Secretary may submit to the 


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1 Committee on Environment and Public Works of the Sen2 ate and the Committee on Transportation and Infrastruc3 ture of the House of Representatives a report describing 

4 the results of the program under this section.’’. 

5 SEC. 3403. REGIONAL SEDIMENT MANAGEMENT. 

6 Section 204 of the Water Resources Development Act 

7 of 1992 (33 U.S.C. 2326) is amended— 

8 (1) in subsection (a)— 

9 (A) by striking paragraph (1) and insert10 ing the following: 

11 ‘‘(1) SEDIMENT USE.—For sediment obtained 

12 through the construction, operation, or maintenance 

13 of an authorized Federal water resources project or 

14 a reclamation project, including Federal reservoirs 

15 authorized for flood control, the Secretary (in con16 sultation with the Commissioner of Reclamation (re17 ferred to in this section as the ‘Commissioner’)) and, 

18 subject to the availability of appropriations, the 

19 Commissioner (in consultation with the Secretary), 

20 as applicable, shall develop, at full Federal expense, 

21 regional sediment management plans, and carry out 

22 projects at locations identified in plans developed 

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1 pair, modification, or rehabilitation of projects asso2 ciated with Federal water resources projects and rec3 lamation projects for purposes listed in paragraph 

4 (3).’’; 

5 (B) in paragraph (2), by inserting ‘‘or the 

6 Commissioner, as applicable,’’ after ‘‘Sec7 retary’’; 

8 (C) in paragraph (3), in the matter pre9 ceding subparagraph (A), by inserting ‘‘and rec10 lamation projects’’ after ‘‘water resources 

11 projects’’; and 

12 (D) in paragraph (4), by inserting ‘‘or the 

13 Commissioner, as applicable,’’ after ‘‘Sec14 retary’’; 

15 (2) in subsection (b)— 

16 (A) in the heading, by striking ‘‘SECRE17 TARIAL’’ and inserting ‘‘AGENCY’’; and 

18 (B) in the matter preceding paragraph (1), 

19 by inserting ‘‘or the Commissioner, as applica20 ble,’’ after ‘‘Secretary’’; 

21 (3) in subsection (c)(1)— 

22 (A) in subparagraph (A), by inserting ‘‘or 

23 reclamation project’’ after ‘‘water resources 

24 project’’; and 


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1 (B) in subparagraph (B)(ii), by inserting 

2 ‘‘or the Commissioner, as applicable,’’ after 

3 ‘‘Secretary’’; 

4 (4) in subsection (d)— 

5 (A) by inserting ‘‘or the Commissioner, as 

6 applicable,’’ after ‘‘Secretary’’ each place it ap7 pears; and 

8 (B) in paragraph (1), in the matter pre9 ceding subparagraph (A), by inserting ‘‘or rec10 lamation project’’ after ‘‘water resources 

11 project’’; 

12 (5) in subsection (e), in the matter preceding 

13 paragraph (1), by inserting ‘‘or the Commissioner, 

14 as applicable,’’ after ‘‘Secretary’’; and 

15 (6) in subsection (g), in the first sentence, by 

16 inserting ‘‘to the Secretary’’ after ‘‘appropriated’’. 

17 Subtitle F—Flood Risk 

18 Management 

19 SEC. 3501. ICE JAM PREVENTION AND MITIGATION. 

20 Section 1150(c) of the Water Infrastructure Improve21 ments for the Nation Act (33 U.S.C. 701s note; Public 

22 Law 114–322) is amended— 

23 (1) in paragraph (1)— 


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1 (A) by striking ‘‘During fiscal years 2017 

2 through 2022, the Secretary’’ and inserting 

3 ‘‘The Secretary’’; and 

4 (B) by striking ‘‘10 projects’’ and inserting 

5 ‘‘20 projects’’; 

6 (2) in paragraph (2)— 

7 (A) by striking ‘‘shall ensure’’ and insert8 ing the following : ‘‘shall— 

9 ‘‘(A) ensure’’; 

10 (B) by striking the period at the end and 

11 inserting ‘‘; and’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(B) select not less than 1 project on a 

14 reservation (as defined in section 3 of the In15 dian Financing Act of 1974 (25 U.S.C. 1452)) 

16 that serves more than 1 Indian tribe (as defined 

17 in section 4 of the Indian Self-Determination 

18 and Education Assistance Act (25 U.S.C. 

19 5304)).’’; and 

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

21 ‘‘(3) PRIORITIZATION.—In selecting projects 

22 under paragraph (1), the Secretary shall give pri23 ority to— 

24 ‘‘(A) projects in the Upper Missouri River 

25 Basin; and 


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1 ‘‘(B) projects in the Northeast.’’. 

2 SEC. 3502. UPPER MISSOURI RIVER BASIN FLOOD AND 

3 DROUGHT MONITORING. 

4 Section 4003(a) of the Water Resources Reform and 

5 Development Act of 2014 (128 Stat. 1311, 130 Stat. 

6 1677) is amended by adding at the end the following: 

7 ‘‘(6) PRIORITIZATION.—To the maximum ex8 tent practicable, in carrying out any projects or pro9 grams of the Secretary, the Secretary shall give pri10 ority to activities under this subsection.’’. 

11 SEC. 3503. POLICIES THAT IMPACT FLOOD FIGHT MANAGE12 MENT PROJECTS WITHIN URBAN AREAS. 

13 Not later than 1 year after the date of enactment 

14 of this Act, the Secretary shall carry out a study on— 

15 (1) flooding within urban floodplains; and 

16 (2) the Federal policy constraints on the ability 

17 of the Secretary to address urban flooding, includ18 ing— 

19 (A) the regulations under part 238 of title 

20 33, Code of Federal Regulations (as in effect on 

21 the date of enactment of this Act); and 

22 (B) the limitation under section 

23 238.7(a)(1) of that title (as in effect on the 

24 date of enactment of this Act) that allows the 

25 Secretary to provide assistance only where the 


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1 flood discharge of a stream or waterway within 

2 an urban area is greater than 800 cubic feet 

3 per second for the 10-percent flood. 

4 SEC. 3504. MISSOURI RIVER AND TRIBUTARIES AT KANSAS 

5 CITIES, MISSOURI AND KANSAS. 

6 (a) IN GENERAL.—The project for flood damage re7 duction, Argentine, East Bottoms, Fairfax–Jersey Creek, 

8 and North Kansas Levees Units, Missouri River and tribu9 taries at Kansas Cities, Missouri and Kansas, authorized 

10 by section 1001(28) of the Water Resources Development 

11 Act of 2007 (121 Stat. 1054), is modified to include the 

12 Armourdale and Central Industrial District Levee Units, 

13 to be carried out by the Secretary substantially in accord14 ance with the plans, and subject to the conditions, de15 scribed in the report of the Chief of Engineers, dated Jan16 uary 27, 2015, at an additional total cost of 

17 $328,110,000, with an estimated Federal cost of 

18 $213,271,500 and an estimated non-Federal cost of 

19 $114,838,500. 

20 (b) SINGLE PROJECT.—The projects described in 

21 subsection (a) shall be considered a single project for 

22 budgeting purposes and shall not be subject to a new start 

23 decision or new investment decision. 

24 (c) CONFORMING AMENDMENT.—Item 2 of the table 

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1 ments for the Nation Act (130 Stat. 1710) (relating to 

2 Armourdale and Central Industrial District Levee Units, 

3 Missouri River and Tributaries at Kansas Citys) is re4 pealed. 

5 Subtitle G—River Basins, 

6 Watersheds, and Coastal Areas 

7 SEC. 3601. LONG-TERM FLOOD RISK REDUCTION, UPPER 

8 MISSOURI RIVER BASIN, SNAKE RIVER BASIN, 

9 AND RED RIVER BASIN. 

10 Section 5 of the Act of August 18, 1941 (commonly 

11 known as the ‘‘Flood Control Act of 1941’’) (55 Stat. 650, 

12 chapter 377; 33 U.S.C. 701n), is amended by adding at 

13 the end the following: 

14 ‘‘(f) LONG-TERM FLOOD-RISK REDUCTION.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall provide 

16 assistance for the operation and maintenance of any 

17 project constructed under this section that, as deter18 mined by the Secretary, becomes permanent due to 

19 the extended presence of assistance from the Sec20 retary under subsection (a). 

21 ‘‘(2) NO TIME LIMITATION.—Notwithstanding 

22 any other provision of this section or any other law, 

23 the Secretary may provide assistance under this sub24 section for any period of time, as determined by the 

25 Secretary. 


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1 ‘‘(3) COST-SHARE.—The cost of operation and 

2 maintenance provided under this subsection for a 

3 project shall be subject to the cost-sharing provisions 

4 that would otherwise apply to such a project. 

5 ‘‘(4) TERMINATION.—The authority to provide 

6 assistance under this subsection terminates on the 

7 date that is 10 years after the date of enactment of 

8 the America’s Water Infrastructure Act of 2018.’’. 

9 SEC. 3602. SENSE OF CONGRESS RELATING TO PROVISION 

10 OF RESOURCES FOR EMERGENCY INFRA11 STRUCTURE REPAIRS. 

12 It is the sense of Congress that the Secretary should 

13 use all existing authorities of the Secretary to accept and 

14 use resources provided by a non-Federal entity under sec15 tion 1024 of the Water Resources Reform and Develop16 ment Act of 2014 (33 U.S.C. 2325a) to carry out emer17 gency infrastructure repairs, regardless of the cause of the 

18 emergency. 

19 SEC. 3603. SENSE OF CONGRESS ON EMERGENCY MANAGE20 MENT ASSISTANCE. 

21 It is the sense of Congress that the Secretary should 

22 provide technical assistance and other support to State 

23 emergency management agencies to assist in the develop24 ment of handbooks for floodplain managers that— 


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1 (1) include policies to help manage the risks of 

2 coastal and river flooding; and 

3 (2) consider coastal protection solutions that 

4 promote resilience, such as living shorelines, and re5 gional sediment management. 

6 SEC. 3604. GREAT LAKES FISH AND WILDLIFE RESTORA7 TION ACT OF 1990. 

8 Section 1009 of the Great Lakes Fish and Wildlife 

9 Restoration Act of 1990 (16 U.S.C. 941g) is amended by 

10 striking subsection (a) and inserting the following: 

11 ‘‘(a) IN GENERAL.—There are authorized to be ap12 propriated to the Director— 

13 ‘‘(1) for fiscal year 2019— 

14 ‘‘(A) $6,600,000 to implement fish and 

15 wildlife restoration proposals and regional 

16 projects selected by the Director under section 

17 1005(d), of which— 

‘‘(i) not more than the lesser of 33 1 18 ⁄3

19 percent and $2,000,000 may be allocated 

20 to implement regional projects; and 

21 ‘‘(ii) the lesser of 5 percent and 

22 $300,000 shall be allocated to the United 

23 States Fish and Wildlife Service to cover 

24 costs incurred in administering the pro25 posals by any entity; and 


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1 ‘‘(B) $2,200,000, which shall be allocated 

2 for the activities of the Upper Great Lakes Fish 

3 and Wildlife Conservation Offices and the 

4 Lower Great Lakes Fish and Wildlife Conserva5 tion Office under section 1007; 

6 ‘‘(2) for fiscal year 2020— 

7 ‘‘(A) $7,200,000 to implement fish and 

8 wildlife restoration proposals and regional 

9 projects selected by the Director under section 

10 1005(d), of which— 

‘‘(i) not more than the lesser of 33 1 11 ⁄3

12 percent and $2,000,000 may be allocated 

13 to implement regional projects; and 

14 ‘‘(ii) the lesser of 5 percent and 

15 $300,000 shall be allocated to the United 

16 States Fish and Wildlife Service to cover 

17 costs incurred in administering the pro18 posals by any entity; and 

19 ‘‘(B) $2,400,000, which shall be allocated 

20 for the activities of the Upper Great Lakes Fish 

21 and Wildlife Conservation Offices and the 

22 Lower Great Lakes Fish and Wildlife Conserva23 tion Office under section 1007; and 

24 ‘‘(3) for fiscal year 2021— 


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1 ‘‘(A) $7,800,000 to implement fish and 

2 wildlife restoration proposals and regional 

3 projects selected by the Director under section 

4 1005(d), of which— 

‘‘(i) not more than the lesser of 331 5 ⁄3

6 percent and $2,000,000 may be allocated 

7 to implement regional projects; and 

8 ‘‘(ii) the lesser of 5 percent and 

9 $300,000 shall be allocated to the United 

10 States Fish and Wildlife Service to cover 

11 costs incurred in administering the pro12 posals by any entity; and 

13 ‘‘(B) $2,600,000, which shall be allocated 

14 for the activities of the Upper Great Lakes Fish 

15 and Wildlife Conservation Offices and the 

16 Lower Great Lakes Fish and Wildlife Conserva17 tion Office under section 1007.’’. 

18 SEC. 3605. GREAT LAKES RESTORATION INITIATIVE. 

19 Section 118(c)(7)(J) of the Federal Water Pollution 

20 Control Act (33 U.S.C. 1268(c)(7)(J)) is amended by 

21 striking clause (i) and inserting the following: 

22 ‘‘(i) IN GENERAL.—There are author23 ized to be appropriated to carry out this 

24 paragraph— 


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1 ‘‘(I) $330,000,000 for fiscal year 

2 2019; 

3 ‘‘(II) $360,000,000 for fiscal 

4 year 2020; and 

5 ‘‘(III) $390,000,000 for fiscal 

6 year 2021.’’. 

7 SEC. 3606. GREAT LAKES COASTAL RESILIENCY STUDY. 

8 The Secretary shall carry out the proposed Great 

9 Lakes coastal resiliency study under section 729 of the 

10 Water Resources Development Act of 1986 (33 U.S.C. 

11 2267a)— 

12 (1) to conduct an assessment of water resources 

13 needs in the Great Lakes; and 

14 (2) to prioritize efforts to study issues in the 

15 Great Lakes, including lake level fluctuations, ero16 sion, flooding, nutrient runoff, aging infrastructure, 

17 and economic and recreational issues. 

18 SEC. 3607. SPECIAL RULE FOR BEACH NOURISHMENT. 

19 Section 156(e) of the Water Resources Development 

20 Act of 1976 (42 U.S.C. 1962d–5f(e)) is amended by strik21 ing ‘‘the date of enactment of the Water Resources Re22 form and Development Act of 2014’’ and inserting ‘‘the 

23 date of enactment of the America’s Water Infrastructure 

24 Act of 2018’’. 


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1 SEC. 3608. EXTENSION FOR CERTAIN COASTAL STORM DAM2 AGE REDUCTION PROGRAMS. 

3 Section 156(e) of the Water Resources Development 

4 Act of 1976 (42 U.S.C. 1962d–5f(e)) is amended by in5 serting ‘‘or within the 5-year period beginning on the date 

6 of enactment of the America’s Water Infrastructure Act 

7 of 2018’’ after ‘‘Water Resources Reform and Develop8 ment Act of 2014’’. 

9 SEC. 3609. SNAKE RIVER BASIN FLOOD PREVENTION AC10 TION PLAN. 

11 (a) IN GENERAL.—As soon as practicable after the 

12 date of enactment of this Act, the Secretary, in consulta13 tion with the Commissioner of Reclamation, shall develop 

14 a flood prevention action plan for each State or portion 

15 of a State within the Snake River Basin. 

16 (b) REQUIREMENTS.—A flood prevention action plan 

17 under subsection (a) shall— 

18 (1) focus on the areas most likely to experience 

19 flooding within the next 2 years; 

20 (2) include steps to manage and reduce flood 

21 risks within the Snake River Basin; and 

22 (3) include a description of the actions the Sec23 retary and the Commissioner of Reclamation plan to 

24 take to improve coordination with local stakeholders 

25 to help manage and reduce flood risks in the areas 

26 described in paragraph (1). 


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1 (c) SUBMISSION.—Not later than 180 days after the 

2 date of enactment of this Act, after coordinating with local 

3 stakeholders, the Secretary shall submit to the Committee 

4 on Environment and Public Works of the Senate and the 

5 Committee on Transportation and Infrastructure of the 

6 House of Representatives the flood prevention plans devel7 oped under subsection (a). 

8 SEC. 3610. AUTHORIZATION OF APPROPRIATIONS FOR CO9 LUMBIA RIVER BASIN RESTORATION. 

10 Section 123(d) of the Federal Water Pollution Con11 trol Act (33 U.S.C. 1275(d)) is amended by adding at the 

12 end the following: 

13 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

14 There are authorized to be appropriated to carry out 

15 this subsection— 

16 ‘‘(A) $5,000,000 for fiscal year 2019; and 

17 ‘‘(B) $30,000,000 for each of fiscal years 

18 2020 and 2021.’’. 

19 Subtitle H—Environmental 

20 Management 

21 SEC. 3701. REAUTHORIZATION OF RIO GRANDE ENVIRON22 MENTAL MANAGEMENT PROGRAM. 

23 Section 5056(f) of the Water Resources Development 

24 Act of 2007 (121 Stat. 1214; 128 Stat. 1315) is amended 


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1 by striking ‘‘each of fiscal years 2008 through 2019’’ and 

2 inserting ‘‘each of fiscal years 2008 through 2021’’. 

3 SEC. 3702. AMENDMENTS TO LONG ISLAND SOUND PRO4 GRAMS. 

5 (a) LONG ISLAND SOUND RESTORATION PRO6 GRAM.—Section 119 of the Federal Water Pollution Con7 trol Act (33 U.S.C. 1269) is amended— 

8 (1) in subsection (b), by striking the subsection 

9 designation and heading and all that follows through 

10 ‘‘The Office shall’’ and inserting the following: 

11 ‘‘(b) OFFICE.— 

12 ‘‘(1) ESTABLISHMENT.—The Administrator 

13 shall— 

14 ‘‘(A) continue to carry out the conference 

15 study; and 

16 ‘‘(B) establish an office, to be located on 

17 or near Long Island Sound. 

18 ‘‘(2) ADMINISTRATION AND STAFFING.—The 

19 Office shall’’; 

20 (2) in subsection (c)— 

21 (A) in the matter preceding paragraph (1), 

22 by striking ‘‘Management Conference of the 

23 Long Island Sound Study’’ and inserting ‘‘con24 ference study’’; 

25 (B) in paragraph (2)— 


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1 (i) in each of subparagraphs (A) 

2 through (G), by striking the commas at 

3 the end of the subparagraphs and inserting 

4 semicolons; 

5 (ii) in subparagraph (H), by striking 

6 ‘‘, and’’ and inserting a semicolon; 

7 (iii) in subparagraph (I), by striking 

8 the period at the end and inserting a semi9 colon; and 

10 (iv) by adding at the end the fol11 lowing: 

12 ‘‘(J) environmental impacts on the Long 

13 Island Sound watershed, including— 

14 ‘‘(i) the identification and assessment 

15 of vulnerabilities in the watershed; 

16 ‘‘(ii) the development and implementa17 tion of adaptation strategies to reduce 

18 those vulnerabilities; and 

19 ‘‘(iii) the identification and assess20 ment of the impacts of sea level rise on 

21 water quality, habitat, and infrastructure; 

22 and 

23 ‘‘(K) planning initiatives for Long Island 

24 Sound that identify the areas that are most 

25 suitable for various types or classes of activities 


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1 in order to reduce conflicts among uses, reduce 

2 adverse environmental impacts, facilitate com3 patible uses, or preserve critical ecosystem serv4 ices to meet economic, environmental, security, 

5 or social objectives;’’; 

6 (C) by striking paragraph (4) and insert7 ing the following: 

8 ‘‘(4) develop and implement strategies to in9 crease public education and awareness with respect 

10 to the ecological health and water quality conditions 

11 of Long Island Sound;’’; 

12 (D) in paragraph (5), by inserting ‘‘study’’ 

13 after ‘‘conference’’; 

14 (E) in paragraph (6)— 

15 (i) by inserting ‘‘(including on the 

16 Internet)’’ after ‘‘the public’’; and 

17 (ii) by inserting ‘‘study’’ after ‘‘con18 ference’’; and 

19 (F) by striking paragraph (7) and insert20 ing the following: 

21 ‘‘(7) monitor the progress made toward meeting 

22 the identified goals, actions, and schedules of the 

23 Comprehensive Conservation and Management Plan, 

24 including through the implementation and support 

25 of a monitoring system for the ecological health and 


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1 water quality conditions of Long Island Sound; 

2 and’’; 

3 (3) in subsection (d)(3), in the second sentence, 

4 by striking ‘‘50 per centum’’ and inserting ‘‘60 per5 cent’’; 

6 (4) by redesignating subsection (f) as sub7 section (i); and 

8 (5) by inserting after subsection (e) the fol9 lowing: 

10 ‘‘(f) REPORT.— 

11 ‘‘(1) IN GENERAL.—Not later than 2 years 

12 after the date of enactment of the America’s Water 

13 Infrastructure Act of 2018, and biennially there14 after, the Director of the Office, in consultation with 

15 the Governor of each Long Island Sound State, shall 

16 submit to Congress a report that— 

17 ‘‘(A) summarizes and assesses the progress 

18 made by the Office and the Long Island Sound 

19 States in implementing the Long Island Sound 

20 Comprehensive Conservation and Management 

21 Plan, including an assessment of the progress 

22 made toward meeting the performance goals 

23 and milestones contained in the Plan; 


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1 ‘‘(B) assesses the key ecological attributes 

2 that reflect the health of the ecosystem of the 

3 Long Island Sound watershed; 

4 ‘‘(C) describes any substantive modifica5 tions to the Long Island Sound Comprehensive 

6 Conservation and Management Plan made dur7 ing the 2-year period preceding the date of sub8 mission of the report; 

9 ‘‘(D) provides specific recommendations to 

10 improve progress in restoring and protecting 

11 the Long Island Sound watershed, including, as 

12 appropriate, proposed modifications to the Long 

13 Island Sound Comprehensive Conservation and 

14 Management Plan; 

15 ‘‘(E) identifies priority actions for imple16 mentation of the Long Island Sound Com17 prehensive Conservation and Management Plan 

18 for the 2-year period following the date of sub19 mission of the report; and 

20 ‘‘(F) describes the means by which Federal 

21 funding and actions will be coordinated with the 

22 actions of the Long Island Sound States and 

23 other entities. 


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1 ‘‘(2) PUBLIC AVAILABILITY.—The Adminis2 trator shall make the report described in paragraph 

3 (1) available to the public, including on the Internet. 

4 ‘‘(g) ANNUAL BUDGET PLAN.—The President shall 

5 submit, together with the annual budget of the United 

6 States Government submitted under section 1105(a) of 

7 title 31, United States Code, information regarding each 

8 Federal department and agency involved in the protection 

9 and restoration of the Long Island Sound watershed, in10 cluding— 

11 ‘‘(1) an interagency crosscut budget that dis12 plays for each department and agency— 

13 ‘‘(A) the amount obligated during the pre14 ceding fiscal year for protection and restoration 

15 projects and studies relating to the watershed; 

16 ‘‘(B) the estimated budget for the current 

17 fiscal year for protection and restoration 

18 projects and studies relating to the watershed; 

19 and 

20 ‘‘(C) the proposed budget for succeeding 

21 fiscal years for protection and restoration 

22 projects and studies relating to the watershed; 

23 and 

24 ‘‘(2) a summary of any proposed modifications 

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1 tion and Management Plan for the following fiscal 

2 year. 

3 ‘‘(h) FEDERAL ENTITIES.— 

4 ‘‘(1) COORDINATION.—The Administrator shall 

5 coordinate the actions of all Federal departments 

6 and agencies that impact water quality in the Long 

7 Island Sound watershed in order to improve the 

8 water quality and living resources of the watershed. 

9 ‘‘(2) METHODS.—In carrying out this section, 

10 the Administrator, acting through the Director of 

11 the Office, may— 

12 ‘‘(A) enter into interagency agreements; 

13 and 

14 ‘‘(B) make intergovernmental personnel 

15 appointments. 

16 ‘‘(3) FEDERAL PARTICIPATION IN WATERSHED

17 PLANNING.—A Federal department or agency that 

18 owns or occupies real property, or carries out activi19 ties, within the Long Island Sound watershed shall 

20 participate in regional and subwatershed planning, 

21 protection, and restoration activities with respect to 

22 the watershed. 

23 ‘‘(4) CONSISTENCY WITH COMPREHENSIVE CON24 SERVATION AND MANAGEMENT PLAN.—To the max25 imum extent practicable, the head of each Federal 


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1 department and agency that owns or occupies real 

2 property, or carries out activities, within the Long 

3 Island Sound watershed shall ensure that the prop4 erty and all activities carried out by the department 

5 or agency are consistent with the Long Island Sound 

6 Comprehensive Conservation and Management Plan 

7 (including any related subsequent agreements and 

8 plans).’’. 

9 (b) LONG ISLAND SOUND STEWARDSHIP PRO10 GRAM.— 

11 (1) LONG ISLAND SOUND STEWARDSHIP ADVI12 SORY COMMITTEE.—Section 8 of the Long Island 

13 Sound Stewardship Act of 2006 (33 U.S.C. 1269 

14 note; Public Law 109–359) is amended— 

15 (A) in subsection (g), by striking ‘‘2011’’ 

16 and inserting ‘‘2021’’; and 

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

18 ‘‘(h) NONAPPLICABILITY OF FACA.—The Federal 

19 Advisory Committee Act (5 U.S.C. App.) shall not apply 

20 to— 

21 ‘‘(1) the Advisory Committee; or 

22 ‘‘(2) any board, committee, or other group es23 tablished under this Act.’’. 

24 (2) REPORTS.—Section 9(b)(1) of the Long Is25 land Sound Stewardship Act of 2006 (33 U.S.C. 


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1 1269 note; Public Law 109–359) is amended in the 

2 matter preceding subparagraph (A) by striking ‘‘fis3 cal years 2007 through 2011’’ and inserting ‘‘fiscal 

4 years 2019 through 2021’’. 

5 (3) AUTHORIZATION.—Section 11 of the Long 

6 Island Sound Stewardship Act of 2006 (33 U.S.C. 

7 1269 note; Public Law 109–359) is amended— 

8 (A) by striking subsection (a); 

9 (B) by redesignating subsections (b) 

10 through (d) as subsections (a) through (c), re11 spectively; and 

12 (C) in subsection (a) (as so redesignated), 

13 by striking ‘‘under this section each’’ and in14 serting ‘‘to carry out this Act for a’’. 

15 (4) EFFECTIVE DATE.—The amendments made 

16 by this subsection take effect on October 1, 2018. 

17 (c) REAUTHORIZATION OF LONG ISLAND SOUND

18 PROGRAMS.— 

19 (1) IN GENERAL.—There are authorized to be 

20 appropriated to the Administrator of the Environ21 mental Protection Agency such sums as are nec22 essary for each of fiscal years 2019 through 2021 

23 for the implementation of— 


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1 (A) section 119 of the Federal Water Pol2 lution Control Act (33 U.S.C. 1269), other than 

3 subsection (d) of that section; and 

4 (B) the Long Island Sound Stewardship 

5 Act of 2006 (33 U.S.C. 1269 note; Public Law 

6 109–359). 

7 (2) LONG ISLAND SOUND GRANTS.—There is 

8 authorized to be appropriated to the Administrator 

9 of the Environmental Protection Agency to carry out 

10 section 119(d) of the Federal Water Pollution Con11 trol Act (33 U.S.C. 1269(d)) $40,000,000 for each 

12 of fiscal years 2019 through 2021. 

13 (3) LONG ISLAND SOUND STEWARDSHIP

14 GRANTS.—There is authorized to be appropriated to 

15 the Administrator of the Environmental Protection 

16 Agency to carry out the Long Island Sound Stew17 ardship Act of 2006 (33 U.S.C. 1269 note; Public 

18 Law 109–359) $25,000,000 for each of fiscal years 

19 2019 through 2021. 

20 SEC. 3703. SENSE OF CONGRESS RELATING TO THE CAN ̃ O 

MARTI 21  ́N PEN ̃ A ECOSYSTEM RESTORATION 

22 PROJECT. 

23 It is the sense of Congress that the Secretary should 

24 advance the project for ecosystem restoration, Can ̃o 

25 Martı ́n Pen ̃a, Puerto Rico. 


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1 Subtitle I—Tribal Programs 

2 SEC. 3801. INFLATION ADJUSTMENT OF COST-SHARING 

3 PROVISIONS FOR TERRITORIES AND INDIAN 

4 TRIBES. 

5 Section 1156(b) of the Water Resources Development 

6 Act of 1986 (33 U.S.C. 2310(b)) is amended by striking 

7 ‘‘the date of enactment of this subsection’’ and inserting 

8 ‘‘the date of enactment of the America’s Water Infrastruc9 ture Act of 2018’’. 

10 SEC. 3802. TRIBAL PARTNERSHIP PROGRAM. 

11 Section 203(b)(4) of the Water Resources Develop12 ment Act of 2000 (33 U.S.C. 2269(b)(4)) is amended by 

13 striking ‘‘$10,000,000’’ in each of subparagraphs (A) and 

14 (B) and inserting ‘‘$15,000,000’’. 

15 SEC. 3803. BLACKFEET WATER RIGHTS SETTLEMENT. 

16 (a) AUTHORIZATION FOR APPROPRIATIONS.—Section 

17 3718 of the Water Infrastructure Improvements for the 

18 Nation Act (130 Stat. 1838) is amended by adding at the 

19 end the following: 

20 ‘‘(c) BLACKFEET WATER RIGHTS SETTLEMENT.— 

21 Notwithstanding sections 3716(e) and 3717(e), to the ex22 tent funds have been appropriated, 50 percent of the 

23 amounts appropriated to the Blackfeet Settlement Trust 

24 Fund and 50 percent of the amounts appropriated to the 

25 Blackfeet Water Settlement Implementation Fund under 


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1 this section shall be available to the Tribe and the Sec2 retary in a manner consistent with this title on the execu3 tion of the waivers and releases under section 3720(a).’’. 

4 (b) WAIVER AND RELEASE OF CLAIMS.—Section 

5 3720 of the Water Infrastructure Improvements for the 

6 Nation Act (130 Stat. 1839) is amended— 

7 (1) in subsection (a)(3)(B), by striking ‘‘section 

8 3706’’ and inserting ‘‘section 6’’; and 

9 (2) in subsection (h), in the matter preceding 

10 paragraph (1), by striking ‘‘January 21, 2026’’ and 

11 inserting ‘‘January 21, 2025’’. 

12 SEC. 3804. BONNEVILLE DAM, OREGON. 

13 (a) IN GENERAL.—The Secretary, in consultation 

14 with the Secretary of the Interior, shall examine and as15 sess the extent to which Indians (as defined in section 4 

16 of the Indian Self-Determination and Education Assist17 ance Act (25 U.S.C. 5304)) have been displaced as a re18 sult of the construction of the Bonneville Dam, Oregon. 

19 (b) INCLUSION.—The examination and assessment 

20 under subsection (a) may include assessments relating to 

21 housing and related facilities. 

22 (c) ASSISTANCE.—If the Secretary determines, based 

23 on the examination and assessment under subsection (a), 

24 that assistance is required, the Secretary may use all exist25 ing authorities of the Secretary to provide assistance to 


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1 Indians that have been displaced as a result of the con2 struction of the Bonneville Dam, Oregon. 

3 (d) TRIBAL ASSISTANCE.—Section 1178(c)(1)(A) of 

4 the Water Infrastructure Improvements for the Nation 

5 Act (130 Stat. 1675) is amended by striking ‘‘Upon the 

6 request of the Secretary of the Interior, the Secretary may 

7 provide assistance’’ and inserting ‘‘The Secretary, in con8 sultation with the Secretary of the Interior, may provide 

9 assistance’’. 

10 SEC. 3805. JOHN DAY DAM, OREGON. 

11 (a) IN GENERAL.—The Secretary, in consultation 

12 with the Secretary of the Interior, shall examine and as13 sess the extent to which Indians (as defined in section 4 

14 of the Indian Self-Determination and Education Assist15 ance Act (25 U.S.C. 5304)) have been displaced as a re16 sult of the construction of the John Day Dam, Oregon, 

17 as authorized by section 204 of the Flood Control Act of 

18 1950 (64 Stat. 179, chapter 188). 

19 (b) INCLUSION.—The examination and assessment 

20 under subsection (a) may include assessments relating to 

21 housing and related facilities. 

22 (c) ASSISTANCE.—If the Secretary determines, based 

23 on the examination and assessment under subsection (a), 

24 that assistance is required, the Secretary may use all exist25 ing authorities of the Secretary to provide assistance to 


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1 Indians that have been displaced as a result of the con2 struction of the John Day Dam, Oregon. 

3 SEC. 3806. DALLES DAM, OREGON. 

4 (a) IN GENERAL.—The Secretary, in consultation 

5 with the Secretary of the Interior, shall complete a village 

6 development plan for any Indian village (as defined in sec7 tion 4 of the Indian Self-Determination and Education As8 sistance Act (25 U.S.C. 5304)) submerged as a result of 

9 the construction of the Dalles Dam, Oregon, as authorized 

10 by section 204 of the Flood Control Act of 1950 (64 Stat. 

11 179, chapter 188). 

12 (b) REQUIREMENTS.—The village development plan 

13 under subsection (a) shall include an estimated cost and 

14 tentative schedule for the construction of a replacement 

15 village. 

16 SEC. 3807. INDIAN IRRIGATION FUND REAUTHORIZATION. 

17 (a) DEPOSITS TO FUNDS.—Section 3212(a) of the 

18 Water Infrastructure Improvements for the Nation Act 

19 (130 Stat. 1750) is amended by striking ‘‘each of fiscal 

20 years 2017 through 2021’’ and inserting ‘‘each of fiscal 

21 years 2017 through 2028’’. 

22 (b) EXPENDITURES FROM FUND.—Section 3213(a) 

23 of the Water Infrastructure Improvements for the Nation 

24 Act (130 Stat. 1750) is amended in the matter preceding 

25 paragraph (1) by striking ‘‘each of fiscal years 2017 


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1 through 2021’’ and inserting ‘‘each of fiscal years 2017 

2 through 2028’’. 

3 (c) TERMINATION.—Section 3216 of the Water Infra4 structure Improvements for the Nation Act (130 Stat. 

5 1750) is amended in the matter preceding paragraph (1) 

6 by striking ‘‘September 30, 2021’’ and inserting ‘‘Sep7 tember 30, 2028’’. 

8 SEC. 3808. REAUTHORIZATION OF REPAIR, REPLACEMENT, 

9 AND MAINTENANCE OF CERTAIN INDIAN IR10 RIGATION PROJECTS. 

11 (a) IN GENERAL.—Section 3221(b) of the Water In12 frastructure Improvements for the Nation Act (130 Stat. 

13 1751) is amended in the matter preceding paragraph (1) 

14 by striking ‘‘each of fiscal years 2017 through 2021’’ and 

15 inserting ‘‘each of fiscal years 2017 through 2028’’. 

16 (b) STATUS REPORT ON CERTAIN PROJECTS.—Sec17 tion 3224(d) of the Water Infrastructure Improvements 

18 for the Nation Act (130 Stat. 1753) is amended in the 

19 matter preceding paragraph (1) by striking ‘‘fiscal year 

20 2021’’ and inserting ‘‘fiscal year 2028’’. 

21 (c) ALLOCATION AMONG PROJECTS.—Section 3226 

22 of the Water Infrastructure Improvements for the Nation 

23 Act (130 Stat. 1753) is amended— 


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1 (1) in subsection (a), by striking ‘‘each of fiscal 

2 years 2017 through 2021’’ and inserting ‘‘each of 

3 fiscal years 2017 through 2028’’; and 

4 (2) in subsection (b), by striking ‘‘the day be5 fore the date of enactment of this Act’’ and inserting 

6 ‘‘the day before the date of enactment of the Amer7 ica’s Water Infrastructure Act of 2018’’. 

8 SEC. 3809. INDIAN DAM SAFETY REAUTHORIZATION. 

9 Section 3101 of the Water Infrastructure Improve10 ments for the Nation Act (25 U.S.C. 3805) is amended— 

11 (1) by striking ‘‘each of fiscal years 2017 

12 through 2023’’ each place it appears and inserting 

13 ‘‘each of fiscal years 2017 through 2030’’; 

14 (2) in subsection (b)— 

15 (A) in paragraph (1)(F), in the matter 

16 preceding clause (i), by striking ‘‘September 30, 

17 2023’’ and inserting ‘‘September 30, 2030’’; 

18 and 

19 (B) in paragraph (2)(F), in the matter 

20 preceding clause (i), by striking ‘‘September 30, 

21 2023’’ and inserting ‘‘September 30, 2030’’; 

22 and 

23 (3) in subsection (f)— 

24 (A) in paragraph (2), by striking ‘‘4 

25 years’’ and inserting ‘‘11 years’’; and 


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1 (B) in paragraph (3), by striking ‘‘each of 

2 fiscal years 2017, 2018, and 2019’’ and insert3 ing ‘‘each of fiscal years 2017 through 2026’’. 

4 SEC. 3810. GAO REPORT ON ALASKA NATIVE VILLAGE RE5 LOCATION EFFORTS DUE TO FLOODING AND 

6 EROSION THREATS. 

7 (a) DEFINITION OF ALASKA NATIVE VILLAGE.—In 

8 this section, the term ‘‘Alaska Native village’’ means a Na9 tive village that has a Village Corporation (as those terms 

10 are defined in section 3 of the Alaska Native Claims Set11 tlement Act (43 U.S.C. 1602)). 

12 (b) REPORT.—The Comptroller General of the 

13 United States (referred to in this section as the ‘‘Comp14 troller General’’) shall submit to Congress a report on ef15 forts to relocate Alaska Native villages due to flooding and 

16 erosion threats that updates the report of the Comptroller 

17 General entitled ‘‘Alaska Native Villages: Limited 

18 Progress Has Been Made on Relocating Villages Threat19 ened by Flooding and Erosion’’, dated June 2009. 

20 (c) INCLUSIONS.—The report under subsection (b) 

21 shall include— 

22 (1) a summary of flooding and erosion threats 

23 to Alaska Native villages throughout the State of 

24 Alaska, based on information from— 

25 (A) the Corps of Engineers; 


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1 (B) the Denali Commission; and 

2 (C) any other relevant sources of informa3 tion as the Comptroller General determines to 

4 be appropriate; 

5 (2) the status of efforts to relocate Alaska Na6 tive villages due to flooding and erosion threats; and 

7 (3) any other issues relating to flooding and 

8 erosion threats to, or relocation of, Alaska Native 

9 villages, as the Comptroller General determines to be 

10 appropriate. 

11 TITLE IV—SENSE OF CONGRESS 

12 RELATING TO CERTAIN PROJ13 ECTS 

14 SEC. 4001. SENSE OF CONGRESS RELATING TO CERTAIN 

15 PROJECTS. 

16 (a) IN GENERAL.—It is the sense of Congress that— 

17 (1) the projects described in subsection (b) are 

18 valuable; and 

19 (2) the Corps of Engineers should expeditiously 

20 complete the post-authorization change report or re21 port of the Chief of Engineers, as applicable, for 

22 each of those projects by the end of 2018. 

23 (b) PROJECTS DESCRIBED.—The projects referred to 

24 in subsection (a) are each of the following: 


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1 (1) PROJECTS FOR WHICH A REPORT OF THE

2 CHIEF OF ENGINEERS IS EXPECTED.— 

3 (A) The project for flood risk management, 

4 Lower San Joaquin River, California. 

5 (B) The project for coastal storm risk 

6 management, Pawcatuck River, Rhode Island, 

7 authorized in the matter under the heading 

8 ‘‘INVESTIGATIONS’’ under the heading ‘‘CORPS

9 OF ENGINEERS—CIVIL’’ under the heading 

10 ‘‘DEPARTMENT OF THE ARMY’’ in title X 

11 of division A of the Disaster Relief Appropria12 tions Act, 2013 (Public Law 113–2; 127 Stat. 

13 23). 

14 (C) The project for coastal storm risk 

15 management, Hashamomuck Cove, New York, 

16 authorized in the matter under the heading 

17 ‘‘INVESTIGATIONS’’ under the heading ‘‘CORPS

18 OF ENGINEERS—CIVIL’’ under the heading 

19 ‘‘DEPARTMENT OF THE ARMY’’ in title X 

20 of division A of the Disaster Relief Appropria21 tions Act, 2013 (Public Law 113–2; 127 Stat. 

22 23). 

23 (D) The project for coastal storm risk 

24 management and utilization of dredged mate25 rial, Delaware River, Delaware, New Jersey, 


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1 and Pennsylvania, authorized in the matter 

2 under the heading ‘‘INVESTIGATIONS’’ under 

3 the heading ‘‘CORPS OF ENGINEERS—CIVIL’’ 

4 under the heading ‘‘DEPARTMENT OF THE 

5 ARMY’’ in title X of division A of the Disaster 

6 Relief Appropriations Act, 2013 (Public Law 

7 113–2; 127 Stat. 23). 

8 (E) The project for navigation, Seattle 

9 Harbor, Washington, carried out under section 

10 216 of the Flood Control Act of 1970 (33 

11 U.S.C. 549a). 

12 (F) The project for navigation, Elizabeth 

13 River and Southern Branch, Virginia, carried 

14 out under section 216 of the Flood Control Act 

15 of 1970 (33 U.S.C. 549a). 

16 (G) The project for navigation, Three Riv17 ers, Arkansas, carried out under section 216 of 

18 the Flood Control Act of 1970 (33 U.S.C. 

19 549a). 

20 (H) The project for navigation, San Juan 

21 Harbor, Puerto Rico, described in the study au22 thorized by the resolution adopted by the Com23 mittee on Transportation and Infrastructure of 

24 the House of Representatives on September 20, 

25 2006. 


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1 (I) The project for flood risk management 

2 and ecosystem restoration, Espan ̃ola Valley, Rio 

3 Grande and tributaries, New Mexico, described 

4 in the study authorized by the resolution adopt5 ed by the Committee on Environment and Pub6 lic Works of the Senate on December 10, 2009. 

7 (J) The project for ecosystem restoration, 

8 Resacas at Brownsville, Texas, carried out 

9 under section 206 of the Water Resources De10 velopment Act of 1996 (33 U.S.C. 2330). 

11 (K) The project for flood control, naviga12 tion, and ecosystem restoration, Anacostia Wa13 tershed, Prince George’s County, Maryland, de14 scribed in the study authorized by the resolu15 tion adopted by the Committee on Public Works 

16 and Transportation of the House of Represent17 atives on September 8, 1988. 

18 (L) The project for flood control, Willam19 ette River Basin, Oregon, described in the Wil20 lamette River Basin Review Study authorized 

21 by the resolution adopted by the Committee on 

22 Public Works and Transportation of the House 

23 of Representatives on September 8, 1988. 

24 (M) The project for flood risk management 

25 and coastal storm risk management, Norfolk, 


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1 Virginia, authorized in the matter under the 

2 heading ‘‘INVESTIGATIONS’’ under the heading 

3 ‘‘CORPS OF ENGINEERS—CIVIL’’ under the 

4 heading ‘‘DEPARTMENT OF THE ARMY’’ 

5 in title X of division A of the Disaster Relief 

6 Appropriations Act, 2013 (Public Law 113–2; 

7 127 Stat. 23). 

8 (N) The project for flood risk manage9 ment, Armourdale and Central Industrial Dis10 trict Levee Units, Missouri River and Tribu11 taries at Kansas City, Kansas, authorized by 

12 section 1401(2) of the Water Infrastructure 

13 Improvements for the Nation Act (130 Stat. 

14 1711) (as modified by section 3504). 

15 (O) The project for navigation and hurri16 cane and storm damage reduction, Houma, 

17 Louisiana, authorized by section 1001(24)(B) 

18 of the Water Resources Development Act of 

19 2007 (121 Stat. 1053). 

20 (P) The project for flood risk management, 

21 Souris River Basin, Minot, North Dakota, au22 thorized by section 209 of the Flood Control 

23 Act of 1966 (80 Stat. 1423). 


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1 (Q) The project for ecosystem restoration, 

2 Delta Islands and Levees, California, described 

3 in the study authorized by— 

4 (i) the resolution adopted by the Com5 mittee on Public Works of the Senate on 

6 June 1, 1948; 

7 (ii) the resolution adopted by the 

8 Committee on Public Works of the House 

9 of Representatives on May 8, 1948; and 

10 (iii) House Report 108–357, accom11 panying the Energy and Water Develop12 ment Appropriations Act, 2004 (Public 

13 Law 108–137; 117 Stat. 1827). 

14 (2) PROJECTS FOR WHICH A POST-AUTHORIZA15 TION CHANGE REPORT IS EXPECTED.— 

16 (A) The project for navigation, Chicka17 mauga Lock, Tennessee, authorized by section 

18 114 of the Energy and Water Development Ap19 propriations Act, 2003 (Public Law 108–7; 117 

20 Stat. 140). 

21 (B) The project for ecosystem restoration, 

22 South Florida, Florida, authorized by section 

23 601 of the Water Resources Development Act 

24 of 2000 (114 Stat. 2680). 


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1 (C) The project for navigation, Freeport 

2 Harbor, Texas, carried out under section 216 of 

3 the Flood Control Act of 1970 (33 U.S.C. 

4 549a). 

5 (D) The project for Soo Locks, Sault 

6 Sainte Marie, Michigan, authorized by section 

7 1149 of the Water Resources Development Act 

8 of 1986 (100 Stat. 4254; 121 Stat. 1131). 

9 (E) The project for ecosystem restoration, 

10 Central Everglades, Florida, authorized by sec11 tion 1401(4) of the Water Infrastructure Im12 provements for the Nation Act (130 Stat. 

13 1713). 

14 (F) The project for water supply and eco15 system restoration, Howard A. Hanson Dam, 

16 Washington, authorized by section 204 of the 

17 Flood Control Act of 1950 (64 Stat. 180) and 

18 modified by section 101(b)(15) of the Water 

19 Resources Development Act of 1999 (113 Stat. 

20 281). 

21 (G) The project for ecosystem restoration, 

22 Kissimmee River, Florida, authorized by section 

23 101(8) of the Water Resources Development 

24 Act of 1992 (106 Stat. 4802). 


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1 (H) The project for flood risk manage2 ment, Green Brook Sub-Basin, Raritan River 

3 Basin, New Jersey, authorized by section 

4 401(a) of the Water Resources Development 

5 Act of 1986 (100 Stat. 4119). 

6 (I) The project for shore protection and 

7 harbor mitigation, Fort Pierce Beach, Florida, 

8 authorized by section 301 of the River and 

9 Harbor Act of 1965 (79 Stat. 1092), section 

10 102 of the River and Harbor Act of 1968 (82 

11 Stat. 732), and section 506(a)(2) of the Water 

12 Resources Development Act of 1996 (110 Stat. 

13 3757), and modified by section 313 of the 

14 Water Resources Development Act of 1999 

15 (113 Stat. 301). 

16 (J) The project for flood control, 

17 McMicken Dam, Arizona, authorized by section 

18 304 of the Act of August 7, 1953 (67 Stat. 

19 450, chapter 342). 

20 (K) The project for flood protection, Cave 

21 Buttes Dam, Arizona, authorized by section 

22 204 of the Flood Control Act of 1965 (79 Stat. 

23 1083). 

24 (L) The project for navigation, Norfolk 

25 Harbor and Channels, Virginia, authorized by 


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1 section 201(a) of the Water Resources Develop2 ment Act of 1986 (100 Stat. 4090). 

3 TITLE V—EPA-RELATED 

4 PROVISIONS 

5 SEC. 5001. STORMWATER INFRASTRUCTURE FUNDING TASK 

6 FORCE. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of enactment of this Act, the Administrator of the 

9 Environmental Protection Agency (referred to in this sec10 tion as the ‘‘Administrator’’) shall establish a voluntary 

11 stormwater infrastructure funding task force comprised of 

12 representatives of public, private, and Federal entities to 

13 study and develop recommendations to improve the fund14 ing and financing of stormwater infrastructure to ensure 

15 that— 

16 (1) municipalities are able to identify appro17 priate funding sources; and 

18 (2) funding is— 

19 (A) available in all States; 

20 (B) affordable (based on the integrated 

21 planning guidelines described in the Integrated 

22 Municipal Stormwater and Wastewater Plan23 ning Approach Framework, issued by the Envi24 ronmental Protection Agency and dated June 5, 

25 2012); and 


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1 (C) sufficient to support capital expendi2 tures and long-term operation and maintenance 

3 costs. 

4 (b) REPORT.—Not later than 18 months after the 

5 date of enactment of this Act, the Administrator shall sub6 mit to Congress a report that describes the results of the 

7 study under subsection (a). 

8 SEC. 5002. REAUTHORIZATION OF THE WATER INFRA9 STRUCTURE FINANCE AND INNOVATION ACT. 

10 Section 5033 of the Water Infrastructure Finance 

11 and Innovation Act of 2014 (33 U.S.C. 3912) is amend12 ed— 

13 (1) in subsection (a)(5), by striking ‘‘for fiscal 

14 year 2019’’ and inserting ‘‘for each of fiscal years 

15 2019 through 2021’’; and 

16 (2) in subsection (b), by striking ‘‘for each of 

17 fiscal years 2015 through 2019’’ and inserting ‘‘for 

18 each of fiscal years 2015 through 2021’’. 

19 SEC. 5003. INDIAN RESERVATION DRINKING WATER AND 

20 WASTEWATER PILOT PROGRAM. 

21 (a) IN GENERAL.—Subject to the availability of ap22 propriations, the Administrator of the Environmental Pro23 tection Agency shall carry out a pilot program to imple24 ment— 


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1 (1) 10 eligible projects described in subsection 

2 (b) that are within the Upper Missouri River Basin; 

3 and 

4 (2) 10 eligible projects described in subsection 

5 (b) that are within the Upper Rio Grande Basin. 

6 (b) ELIGIBLE PROJECTS.—A project eligible to par7 ticipate in the pilot program under subsection (a) is a 

8 project— 

9 (1) that is on a reservation (as defined in sec10 tion 3 of the Indian Financing Act of 1974 (25 

11 U.S.C. 1452)) that serves a federally recognized In12 dian Tribe; and 

13 (2) the purpose of which is— 

14 (A) to connect, expand, or repair existing 

15 drinking water lines or water towers in order to 

16 improve water quality, pressure, or services; or 

17 (B) to replace or refurbish wastewater la18 goons that are insufficient for current or near19 term community needs or economic growth. 

20 (c) REQUIREMENT.—In carrying out the pilot pro21 gram under subsection (a)(1), the Administrator of the 

22 Environmental Protection Agency shall select not less 

23 than 1 eligible project for a reservation that serves more 

24 than 1 federally recognized Indian Tribe. 


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1 SEC. 5004. TECHNICAL ASSISTANCE FOR TREATMENT 

2 WORKS. 

3 (a) IN GENERAL.—Title II of the Federal Water Pol4 lution Control Act (33 U.S.C. 1281 et seq.) is amended 

5 by adding at the end the following: 

6 ‘‘SEC. 222. TECHNICAL ASSISTANCE FOR SMALL TREAT7 MENT WORKS. 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) QUALIFIED NONPROFIT SMALL TREAT10 MENT WORKS TECHNICAL ASSISTANCE PROVIDER.— 

11 The term ‘qualified nonprofit small treatment works 

12 technical assistance provider’ means a nonprofit or13 ganization that, as determined by the Adminis14 trator— 

15 ‘‘(A) is qualified and experienced in pro16 viding training and technical assistance to small 

17 treatment works; and 

18 ‘‘(B) the small treatment works in the 

19 State finds to be the most beneficial and effec20 tive. 

21 ‘‘(2) SMALL TREATMENT WORKS.—The term 

22 ‘small treatment works’ means a publicly owned 

23 treatment works serving not more than 10,000 indi24 viduals. 

25 ‘‘(b) TECHNICAL ASSISTANCE.—The Administrator 

26 may use amounts made available to carry out this section 


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1 to provide grants or cooperative agreements to qualified 

2 nonprofit small treatment works technical assistance pro3 viders to provide to owners and operators of small treat4 ment works onsite technical assistance, circuit rider tech5 nical assistance programs, multi-State, regional technical 

6 assistance programs, and onsite and regional training, to 

7 assist the small treatment works in achieving compliance 

8 with this Act or obtaining financing under this Act for 

9 eligible projects. 

10 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to carry out this section 

12 for grants for small treatment works technical assistance, 

13 $15,000,000 for each of fiscal years 2019 through 2021. 

14 ‘‘SEC. 223. TECHNICAL ASSISTANCE FOR MEDIUM TREAT15 MENT WORKS. 

16 ‘‘(a) DEFINITIONS.—In this section: 

17 ‘‘(1) MEDIUM TREATMENT WORKS.—The term 

18 ‘medium treatment works’ means a publicly owned 

19 treatment works serving not fewer than 10,001, and 

20 not more than 75,000, individuals. 

21 ‘‘(2) QUALIFIED NONPROFIT MEDIUM TREAT22 MENT WORKS TECHNICAL ASSISTANCE PROVIDER.— 

23 The term ‘qualified nonprofit medium treatment 

24 works technical assistance provider’ means a quali25 fied nonprofit technical assistance provider of water 


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1 and wastewater services to medium-sized commu2 nities that provides technical assistance (including 

3 circuit rider technical assistance programs, multi4 State, regional assistance programs, and training 

5 and preliminary engineering evaluations) to owners 

6 and operators of medium treatment works, which 

7 may include a State agency. 

8 ‘‘(b) TECHNICAL ASSISTANCE.—The Administrator 

9 may use amounts made available to carry out this section 

10 to provide grants or cooperative agreements to qualified 

11 nonprofit medium treatment works technical assistance 

12 providers to provide to owners and operators of medium 

13 treatment works onsite technical assistance, circuit-rider 

14 technical assistance programs, multi-State, regional tech15 nical assistance programs, and onsite and regional train16 ing to assist medium treatment works that are facing dif17 ficulty in achieving compliance with this Act or obtaining 

18 financing under this Act for eligible projects. 

19 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

20 is authorized to be appropriated to carry out this section 

21 $10,000,000 for each of fiscal years 2019 through 2021.’’. 

22 (b) WATER POLLUTION CONTROL REVOLVING LOAN

23 FUNDS.— 


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1 (1) IN GENERAL.—Section 603 of the Federal 

2 Water Pollution Control Act (33 U.S.C. 1383) is 

3 amended— 

4 (A) in subsection (d)— 

5 (i) in the matter preceding paragraph 

6 (1), by inserting ‘‘and as provided in sub7 section (e)’’ after ‘‘State law’’; 

8 (ii) by redesignating subsections (e) 

9 through (i) as subsections (f) through (j), 

10 respectively; and 

11 (iii) by inserting after subsection (d) 

12 the following: 

13 ‘‘(e) ADDITIONAL USE OF FUNDS.—A State may use 

14 an additional 2 percent of the funds annually allotted to 

15 the State under this section for qualified nonprofit small 

16 treatment works technical assistance providers (as the 

17 term is defined in section 222) and qualified nonprofit me18 dium treatment works technical assistance providers (as 

19 the term in defined in section 223) to provide technical 

20 assistance to small treatment works (as the term is de21 fined in section 222) and medium treatment works (as the 

22 term is defined in section 223) in the State.’’. 

23 (2) CONFORMING AMENDMENT.—Section 

24 221(d) of the Federal Water Pollution Control Act 


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1 (33 U.S.C. 1301(d)) is amended by striking ‘‘section 

2 603(h)’’ and inserting ‘‘section 603(i)’’. 

3 SEC. 5005. CLEAN, SAFE, RELIABLE WATER INFRASTRUC4 TURE. 

5 (a) DRINKING WATER INFRASTRUCTURE.— 

6 (1) OTHER AUTHORIZED ACTIVITIES.—Section 

7 1452(k) of the Safe Drinking Water Act (42 U.S.C. 

8 300j–12(k)) is amended— 

9 (A) in paragraph (1)(D), by inserting ‘‘and 

10 the implementation of plans to protect source 

11 water identified in a source water assessment 

12 under section 1453’’ before the period at the 

13 end; and 

14 (B) in paragraph (2)(E), by inserting ‘‘and 

15 implement plans to protect source water identi16 fied in a source water assessment under section 

17 1453’’ after ‘‘wellhead protection programs’’. 

18 (2) NEGOTIATION OF CONTRACTS.—Section 

19 1452 of the Safe Drinking Water Act (42 U.S.C. 

20 300j–12) is amended by adding at the end the fol21 lowing: 

22 ‘‘(s) NEGOTIATION OF CONTRACTS.—For commu23 nities with populations of more than 10,000 individuals, 

24 a contract to be carried out using funds directly made 

25 available by a capitalization grant under this section for 


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1 program management, construction management, feasi2 bility studies, preliminary engineering, design, engineer3 ing, surveying, mapping, or architectural or related serv4 ices shall be negotiated in the same manner as— 

5 ‘‘(1) a contract for architectural and engineer6 ing services is negotiated under chapter 11 of title 

7 40, United States Code; or 

8 ‘‘(2) an equivalent State qualifications-based re9 quirement (as determined by the Governor of the 

10 State).’’. 

11 (3) WATERSENSE PROGRAM.—The Safe Drink12 ing Water Act (42 U.S.C. 300j et seq.) is amended 

13 by adding after part F the following: 

14 ‘‘PART G—ADDITIONAL PROVISIONS 

15 ‘‘SEC. 1471. WATERSENSE PROGRAM. 

16 ‘‘(a) ESTABLISHMENT OF WATERSENSE PRO17 GRAM.— 

18 ‘‘(1) IN GENERAL.—There is established within 

19 the Agency a voluntary WaterSense program to 

20 identify and promote water-efficient products, build21 ings, landscapes, facilities, processes, and services 

22 that, through voluntary labeling of, or other forms 

23 of communications regarding, products, buildings, 

24 landscapes, facilities, processes, and services while 

25 meeting strict performance criteria, sensibly— 


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1 ‘‘(A) reduce water use; 

2 ‘‘(B) reduce the strain on public and com3 munity water systems and wastewater and 

4 stormwater infrastructure; 

5 ‘‘(C) conserve energy used to pump, heat, 

6 transport, and treat water; and 

7 ‘‘(D) preserve water resources for future 

8 generations. 

9 ‘‘(2) INCLUSIONS.—The Administrator shall, 

10 consistent with this section, identify water-efficient 

11 products, buildings, landscapes, facilities, processes, 

12 and services, including categories such as— 

13 ‘‘(A) irrigation technologies and services; 

14 ‘‘(B) point-of-use water treatment devices; 

15 ‘‘(C) plumbing products; 

16 ‘‘(D) reuse and recycling technologies; 

17 ‘‘(E) landscaping and gardening products, 

18 including moisture control or water enhancing 

19 technologies; 

20 ‘‘(F) xeriscaping and other landscape con21 versions that reduce water use; 

22 ‘‘(G) whole house humidifiers; and 

23 ‘‘(H) water-efficient buildings or facilities. 

24 ‘‘(b) DUTIES.—The Administrator, coordinating as 

25 appropriate with the Secretary of Energy, shall— 


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1 ‘‘(1) establish— 

2 ‘‘(A) a WaterSense label to be used for 

3 items meeting the certification criteria estab4 lished in accordance with this section; and 

5 ‘‘(B) the procedure, including the methods 

6 and means, and criteria by which an item may 

7 be certified to display the WaterSense label; 

8 ‘‘(2) enhance public awareness regarding the 

9 WaterSense label through outreach, education, and 

10 other means; 

11 ‘‘(3) preserve the integrity of the WaterSense 

12 label by— 

13 ‘‘(A) establishing and maintaining feasible 

14 performance criteria so that products, build15 ings, landscapes, facilities, processes, and serv16 ices labeled with the WaterSense label perform 

17 as well or better than less water-efficient coun18 terparts; 

19 ‘‘(B) overseeing WaterSense certifications 

20 made by third parties, which shall be inde21 pendent third-party product certification bodies 

22 accredited by an accreditation entity domiciled 

23 in the United States, such as the American Na24 tional Standards Institute, as achieving— 


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1 ‘‘(i) the requirements described in the 

2 document of the International Organiza3 tion for Standardization and the Inter4 national Electrotechnical Commission enti5 tled ‘ISO/IEC 17065 Conformity assess6 ment—Requirements for bodies certifying 

7 products, processes and services’ and dated 

8 September 2012; and 

9 ‘‘(ii) the applicable WaterSense re10 quirements; 

11 ‘‘(C) as determined appropriate by the Ad12 ministrator, using testing protocols, from the 

13 appropriate, applicable, and relevant consensus 

14 standards, for the purpose of determining 

15 standards compliance; and 

16 ‘‘(D) auditing the use of the WaterSense 

17 label in the marketplace and preventing cases of 

18 misuse; 

19 ‘‘(4) not more frequently than every 6 years 

20 after adoption or major revision of any WaterSense 

21 specification, review and, if appropriate, revise the 

22 specification to achieve additional water savings; 

23 ‘‘(5) in revising a WaterSense specification— 

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1 cluding effective dates, and an explanation of 

2 the changes; 

3 ‘‘(B) solicit comments from interested par4 ties and the public prior to any changes; 

5 ‘‘(C) as appropriate, respond to comments 

6 submitted by interested parties and the public; 

7 and 

8 ‘‘(D) provide an appropriate transition 

9 time prior to the applicable effective date of any 

10 changes, taking into account the timing nec11 essary for the manufacture, marketing, train12 ing, and distribution of the specific water-effi13 cient product, building, landscape, process, or 

14 service category being addressed; and 

15 ‘‘(6) not later than December 31, 2019, con16 sider for review and revision any WaterSense speci17 fication adopted before January 1, 2012. 

18 ‘‘(c) TRANSPARENCY.—The Administrator shall, to 

19 the maximum extent practicable and not less than annu20 ally, regularly estimate and make available to the public 

21 savings of water, energy, and capital costs of water, waste22 water, and stormwater attributable to the use of 

23 WaterSense-labeled products, buildings, landscapes, facili24 ties, processes, and services. 


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1 ‘‘(d) DISTINCTION OF AUTHORITIES.—In setting or 

2 maintaining specifications for Energy Star pursuant to 

3 section 324A of the Energy Policy and Conservation Act 

4 (42 U.S.C. 6294a), and WaterSense under this section, 

5 the Secretary of Energy and the Administrator shall co6 ordinate to prevent duplicative or conflicting requirements 

7 among the respective programs. 

8 ‘‘(e) NO WARRANTY.—A WaterSense label shall not 

9 create an express or implied warranty.’’. 

10 (b) SEWER OVERFLOW CONTROL GRANTS.—Section 

11 221 of the Federal Water Pollution Control Act (33 

12 U.S.C. 1301) is amended— 

13 (1) in subsection (a), by striking the subsection 

14 designation and heading and all that follows through 

15 ‘‘subject to subsection (g), the Administrator may’’ 

16 in paragraph (2) and inserting the following: 

17 ‘‘(a) AUTHORITY.—The Administrator may— 

18 ‘‘(1) make grants to States for the purpose of 

19 providing grants to a municipality or municipal enti20 ty for planning, designing, and constructing— 

21 ‘‘(A) treatment works to intercept, trans22 port, control, or treat municipal combined sewer 

23 overflows and sanitary sewer overflows; and 


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1 ‘‘(B) measures to manage, reduce, treat, or 

2 recapture stormwater or subsurface drainage 

3 water; and 

4 ‘‘(2) subject to subsection (g),’’; 

5 (2) in subsection (b)— 

6 (A) in paragraph (1), by striking the semi7 colon at the end and inserting ‘‘; or’’; 

8 (B) by striking paragraphs (2) and (3); 

9 and 

10 (C) by redesignating paragraph (4) as 

11 paragraph (2); 

12 (3) by striking subsections (e) through (g) and 

13 inserting the following: 

14 ‘‘(e) ADMINISTRATIVE REQUIREMENTS.— 

15 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

16 project that receives grant assistance under sub17 section (a) shall be carried out subject to the same 

18 requirements as a project that receives assistance 

19 from a State water pollution control revolving fund 

20 established pursuant to title VI. 

21 ‘‘(2) DETERMINATION OF GOVERNOR.—The re22 quirement described in paragraph (1) shall not apply 

23 to a project that receives grant assistance under 

24 subsection (a) to the extent that the Governor of the 

25 State in which the project is located determines that 


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1 a requirement described in title VI is inconsistent 

2 with the purposes of this section. 

3 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

4 is authorized to be appropriated to carry out this section 

5 $225,000,000 for each of fiscal years 2019 and 2020, to 

6 remain available until expended. 

7 ‘‘(g) ALLOCATION OF FUNDS.—For each of fiscal 

8 years 2019 and 2020, subject to subsection (h), the Ad9 ministrator shall use the amounts made available to carry 

10 out this section to provide grants to municipalities and 

11 municipal entities under subsection (a)(2)— 

12 ‘‘(1) in accordance with the priority criteria de13 scribed in subsection (b); and 

14 ‘‘(2) with additional priority given to proposed 

15 projects that involve the use of— 

16 ‘‘(A) nonstructural, low-impact develop17 ment; 

18 ‘‘(B) water conservation, efficiency, or 

19 reuse; or 

20 ‘‘(C) other decentralized stormwater or 

21 wastewater approaches to minimize flows into 

22 the sewer systems.’’; and 

23 (4) by striking subsection (i). 


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1 SEC. 5006. WATER INFRASTRUCTURE FLEXIBILITY. 

2 (a) DEFINITION OF ADMINISTRATOR.—In this sec3 tion, the term ‘‘Administrator’’ means the Administrator 

4 of the Environmental Protection Agency. 

5 (b) INTEGRATED PLANS.— 

6 (1) INTEGRATED PLANS.—Section 402 of the 

7 Federal Water Pollution Control Act (33 U.S.C. 

8 1342) is amended by adding at the end the fol9 lowing: 

10 ‘‘(s) INTEGRATED PLAN PERMITS.— 

11 ‘‘(1) DEFINITIONS.—In this subsection: 

12 ‘‘(A) GREEN INFRASTRUCTURE.—The 

13 term ‘green infrastructure’ means the range of 

14 measures that use plant or soil systems, per15 meable pavement or other permeable surfaces 

16 or substrates, stormwater harvest and reuse, or 

17 landscaping to store, infiltrate, or evapotranspi18 rate stormwater and reduce flows to sewer sys19 tems or to surface waters. 

20 ‘‘(B) INTEGRATED PLAN.—The term ‘inte21 grated plan’ has the meaning given in Part III 

22 of the Integrated Municipal Stormwater and 

23 Wastewater Planning Approach Framework, 

24 issued by the Environmental Protection Agency 

25 and dated June 5, 2012. 

26 ‘‘(C) MUNICIPAL DISCHARGE.— 


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1 ‘‘(i) IN GENERAL.—The term ‘munic2 ipal discharge’ means a discharge from a 

3 treatment works (as defined in section 

4 212) or a discharge from a municipal 

5 storm sewer under subsection (p). 

6 ‘‘(ii) INCLUSION.—The term ‘munic7 ipal discharge’ includes a discharge of 

8 wastewater or storm water collected from 

9 multiple municipalities if the discharge is 

10 covered by the same permit issued under 

11 this section. 

12 ‘‘(2) INTEGRATED PLAN.— 

13 ‘‘(A) IN GENERAL.—The Administrator (or 

14 a State, in the case of a permit program ap15 proved under subsection (b)) shall inform a mu16 nicipal permittee or multiple municipal permit17 tees of the opportunity to develop an integrated 

18 plan. 

19 ‘‘(B) SCOPE OF PERMIT INCORPORATING

20 INTEGRATED PLAN.—A permit issued under 

21 this subsection that incorporates an integrated 

22 plan may integrate all requirements under this 

23 Act addressed in the integrated plan, including 

24 requirements relating to— 

25 ‘‘(i) a combined sewer overflow; 


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1 ‘‘(ii) a capacity, management, oper2 ation, and maintenance program for sani3 tary sewer collection systems; 

4 ‘‘(iii) a municipal stormwater dis5 charge; 

6 ‘‘(iv) a municipal wastewater dis7 charge; and 

8 ‘‘(v) a water quality-based effluent 

9 limitation to implement an applicable 

10 wasteload allocation in a total maximum 

11 daily load. 

12 ‘‘(3) COMPLIANCE SCHEDULES.— 

13 ‘‘(A) IN GENERAL.—A permit for a munic14 ipal discharge by a municipality that incor15 porates an integrated plan may include a sched16 ule of compliance, under which actions taken to 

17 meet any applicable water quality-based effluent 

18 limitation may be implemented over more than 

19 1 permit term if the compliance schedules are 

20 authorized by State water quality standards. 

21 ‘‘(B) INCLUSION.—Actions subject to a 

22 compliance schedule under subparagraph (A) 

23 may include green infrastructure if imple24 mented as part of a water quality-based effluent 

25 limitation. 


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1 ‘‘(C) REVIEW.—A schedule of compliance 

2 may be reviewed each time the permit is re3 newed. 

4 ‘‘(4) EXISTING AUTHORITIES RETAINED.— 

5 ‘‘(A) APPLICABLE STANDARDS.—Nothing 

6 in this subsection modifies any obligation to 

7 comply with applicable technology and water 

8 quality-based effluent limitations under this 

9 Act. 

10 ‘‘(B) FLEXIBILITY.—Nothing in this sub11 section reduces or eliminates any flexibility 

12 available under this Act, including the authority 

13 of— 

14 ‘‘(i) a State to revise a water quality 

15 standard after a use attainability analysis 

16 under section 131.10(g) of title 40, Code 

17 of Federal Regulations (or a successor reg18 ulation), subject to the approval of the Ad19 ministrator under section 303(c); and 

20 ‘‘(ii) the Administrator or a State to 

21 authorize a schedule of compliance that ex22 tends beyond the date of expiration of a 

23 permit term if the schedule of compliance 

24 meets the requirements of section 122.47 

25 of title 40, Code of Federal Regulations 


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1 (as in effect on the date of enactment of 

2 this subsection). 

3 ‘‘(5) CLARIFICATION OF STATE AUTHORITY.— 

4 ‘‘(A) IN GENERAL.—Nothing in section 

5 301(b)(1)(C) precludes a State from author6 izing in the water quality standards of the 

7 State the issuance of a schedule of compliance 

8 to meet water quality-based effluent limitations 

9 in permits that incorporate provisions of an in10 tegrated plan. 

11 ‘‘(B) TRANSITION RULE.—In any case in 

12 which a discharge is subject to a judicial order 

13 or consent decree as of the date of enactment 

14 of the America’s Water Infrastructure Act of 

15 2018 resolving an enforcement action under 

16 this Act, any schedule of compliance issued pur17 suant to an authorization in a State water qual18 ity standard shall not revise a schedule of com19 pliance in that order or decree unless the order 

20 or decree is modified by agreement of the par21 ties and the court.’’. 

22 (2) MUNICIPAL OMBUDSMAN.— 

23 (A) ESTABLISHMENT.—There is estab24 lished within the Office of the Administrator an 

25 Office of the Municipal Ombudsman. 


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1 (B) GENERAL DUTIES.—The duties of the 

2 municipal ombudsman shall include the provi3 sion of— 

4 (i) technical assistance to municipali5 ties seeking to comply with the Federal 

6 Water Pollution Control Act (33 U.S.C. 

7 1251 et seq.) and the Safe Drinking Water 

8 Act (42 U.S.C. 300f et seq.); and 

9 (ii) information to the Administrator 

10 to help the Administrator ensure that 

11 agency policies are implemented by all of12 fices of the Environmental Protection 

13 Agency, including regional offices. 

14 (C) ACTIONS REQUIRED.—The municipal 

15 ombudsman shall work with appropriate offices 

16 at the headquarters and regional offices of the 

17 Environmental Protection Agency to ensure 

18 that the municipality seeking assistance is pro19 vided information— 

20 (i) about available Federal financial 

21 assistance for which the municipality is eli22 gible; 

23 (ii) about flexibility available under 

24 the Federal Water Pollution Control Act 

25 (33 U.S.C. 1251 et seq.) and, if applicable, 


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1 the Safe Drinking Water Act (42 U.S.C. 

2 300f et seq.); and 

3 (iii) regarding the opportunity to de4 velop an integrated plan, as defined in sec5 tion 402(s)(1)(B) of the Federal Water 

6 Pollution Control Act (as added by para7 graph (1)). 

8 (D) INFORMATION SHARING.—The munic9 ipal ombudsman shall publish on the website of 

10 the Environmental Protection Agency— 

11 (i) general information relating to— 

12 (I) the technical assistance re13 ferred to in subparagraph (B)(i); 

14 (II) the financial assistance re15 ferred to in subparagraph (C)(i); 

16 (III) the flexibility referred to in 

17 subparagraph (C)(ii); and 

18 (IV) any resources related to in19 tegrated plans developed by the Ad20 ministrator; and 

21 (ii) a copy of each permit, order, or 

22 judicial consent decree that implements or 

23 incorporates an integrated plan. 

24 (3) MUNICIPAL ENFORCEMENT.—Section 309 

25 of the Federal Water Pollution Control Act (33 


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1 U.S.C. 1319) is amended by adding at the end the 

2 following: 

3 ‘‘(h) IMPLEMENTATION OF INTEGRATED PLANS

4 THROUGH ENFORCEMENT TOOLS.— 

5 ‘‘(1) IN GENERAL.—In conjunction with an en6 forcement action under subsection (a) or (b) relating 

7 to municipal discharges, the Administrator shall in8 form a municipality of the opportunity to develop an 

9 integrated plan (as defined in section 402(s)). 

10 ‘‘(2) MODIFICATION.—Any municipality under 

11 an administrative order under subsection (a) or set12 tlement agreement (including a judicial consent de13 cree) under subsection (b) that has developed an in14 tegrated plan consistent with section 402(s) may re15 quest a modification of the administrative order or 

16 settlement agreement based on that integrated 

17 plan.’’. 

18 (4) REPORT TO CONGRESS.—Not later than 2 

19 years after the date of enactment of this Act, the 

20 Administrator shall submit to the Committee on En21 vironment and Public Works of the Senate and the 

22 Committee on Transportation and Infrastructure of 

23 the House of Representatives and make publicly 

24 available a report on each integrated plan developed 

25 and implemented through a permit, order, or judicial 


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1 consent decree since the date of publication of the 

2 ‘‘Integrated Municipal Stormwater and Wastewater 

3 Planning Approach Framework’’ issued by the Envi4 ronmental Protection Agency and dated June 5, 

5 2012, including a description of the control meas6 ures, levels of control, estimated costs, and compli7 ance schedules for the requirements implemented 

8 through an integrated plan. 

9 (c) GREEN INFRASTRUCTURE PROMOTION.—Title V 

10 of the Federal Water Pollution Control Act (33 U.S.C. 

11 1361 et seq.) is amended— 

12 (1) by redesignating section 519 (33 U.S.C. 

13 1251 note) as section 520; and 

14 (2) by inserting after section 518 (33 U.S.C. 

15 1377) the following: 

16 ‘‘SEC. 519. ENVIRONMENTAL PROTECTION AGENCY GREEN 

17 INFRASTRUCTURE PROMOTION. 

18 ‘‘(a) IN GENERAL.—The Administrator shall ensure 

19 that the Office of Water, the Office of Enforcement and 

20 Compliance Assurance, the Office of Research and Devel21 opment, and the Office of Policy of the Environmental 

22 Protection Agency promote the use of green infrastructure 

23 in and coordinate the integration of green infrastructure 

24 into, permitting programs, planning efforts, research, 

25 technical assistance, and funding guidance. 


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1 ‘‘(b) DUTIES.—The Administrator shall ensure that 

2 the Office of Water— 

3 ‘‘(1) promotes the use of green infrastructure in 

4 the programs of the Environmental Protection Agen5 cy; and 

6 ‘‘(2) coordinates efforts to increase the use of 

7 green infrastructure with— 

8 ‘‘(A) other Federal departments and agen9 cies; 

10 ‘‘(B) State, tribal, and local governments; 

11 and 

12 ‘‘(C) the private sector. 

13 ‘‘(c) REGIONAL GREEN INFRASTRUCTURE PRO14 MOTION.—The Administrator shall direct each regional of15 fice of the Environmental Protection Agency, as appro16 priate based on local factors, and consistent with the re17 quirements of this Act, to promote and integrate the use 

18 of green infrastructure within the region that includes— 

19 ‘‘(1) outreach and training regarding green in20 frastructure implementation for State, tribal, and 

21 local governments, tribal communities, and the pri22 vate sector; and 

23 ‘‘(2) the incorporation of green infrastructure 

24 into permitting and other regulatory programs, 

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1 quirements under consent decrees and settlement 

2 agreements in enforcement actions. 

3 ‘‘(d) GREEN INFRASTRUCTURE INFORMATION SHAR4 ING.—The Administrator shall promote green infrastruc5 ture information sharing, including through an Internet 

6 website, to share information with, and provide technical 

7 assistance to, State, tribal, and local governments, tribal 

8 communities, the private sector, and the public regarding 

9 green infrastructure approaches for— 

10 ‘‘(1) reducing water pollution; 

11 ‘‘(2) protecting water resources; 

12 ‘‘(3) complying with regulatory requirements; 

13 and 

14 ‘‘(4) achieving other environmental, public 

15 health, and community goals.’’. 

16 (d) FINANCIAL CAPABILITY GUIDANCE.— 

17 (1) DEFINITIONS.—In this subsection: 

18 (A) AFFORDABILITY.—The term ‘‘afford19 ability’’ means, with respect to payment of a 

20 utility bill, a measure of whether an individual 

21 customer or household can pay the bill without 

22 undue hardship or unreasonable sacrifice in the 

23 essential lifestyle or spending patterns of the in24 dividual or household, as determined by the Ad25 ministrator. 


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1 (B) FINANCIAL CAPABILITY.—The term 

2 ‘‘financial capability’’ means the financial capa3 bility of a community to make investments nec4 essary to make water quality or drinking water 

5 improvements. 

6 (C) GUIDANCE.—The term ‘‘guidance’’ 

7 means the guidance published by the Adminis8 trator entitled ‘‘Combined Sewer Overflows— 

9 Guidance for Financial Capability Assessment 

10 and Schedule Development’’ and dated Feb11 ruary 1997, as applicable to the combined 

12 sewer overflows and sanitary sewer overflows 

13 guidance published by the Administrator enti14 tled ‘‘Financial Capability Assessment Frame15 work’’ and dated November 24, 2014. 

16 (2) USE OF MEDIAN HOUSEHOLD INCOME.— 

17 The Administrator shall not use median household 

18 income as the sole indicator of affordability for a 

19 residential household. 

20 (3) REVISED GUIDANCE.— 

21 (A) IN GENERAL.—Not later than 1 year 

22 after the date of completion of the National 

23 Academy of Public Administration study to es24 tablish a definition and framework for commu25 nity affordability required by Senate Report 


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1 114–70, accompanying S. 1645 (114th Con2 gress), the Administrator shall revise the guid3 ance described in paragraph (1)(C). 

4 (B) USE OF GUIDANCE.—Beginning on the 

5 date on which the revised guidance referred to 

6 in subparagraph (A) is finalized, the Adminis7 trator shall use the revised guidance in lieu of 

8 the guidance described in paragraph (1)(C). 

9 (4) CONSIDERATION AND CONSULTATION.— 

10 (A) CONSIDERATION.—In revising the 

11 guidance, the Administrator shall consider— 

12 (i) the recommendations of the study 

13 referred to in paragraph (3)(A) and any 

14 other relevant study, as determined by the 

15 Administrator; 

16 (ii) local economic conditions, includ17 ing site-specific local conditions that should 

18 be taken into consideration in analyzing fi19 nancial capability; 

20 (iii) other essential community invest21 ments; 

22 (iv) potential adverse impacts on dis23 tressed populations, including the percent24 age of low-income ratepayers within the 

25 service area of a utility and impacts in 


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1 communities with disparate economic con2 ditions throughout the entire service area 

3 of a utility; 

4 (v) the degree to which rates of low5 income consumers would be affected by 

6 water infrastructure investments, the use 

7 of rate structures, and customer assistance 

8 programs to address the rates of low-in9 come consumers; 

10 (vi) an evaluation of an array of fac11 tors, the relative importance of which may 

12 vary across regions and localities; and 

13 (vii) the appropriate weight for eco14 nomic, public health, and environmental 

15 benefits. 

16 (B) CONSULTATION.—Any revised guid17 ance issued to replace the guidance shall be de18 veloped in consultation with stakeholders. 

19 (5) PUBLICATION AND SUBMISSION.— 

20 (A) IN GENERAL.—On completion of the 

21 revision of the guidance, the Administrator 

22 shall publish in the Federal Register and sub23 mit to the Committee on Environment and 

24 Public Works of the Senate and the Committee 


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1 on Transportation and Infrastructure of the 

2 House of Representatives the revised guidance. 

3 (B) EXPLANATION.—If the Administrator 

4 makes a determination not to follow one or 

5 more recommendations of the study referred to 

6 in paragraph (3)(A), the Administrator shall in7 clude in the publication and submission under 

8 paragraph (1) an explanation of that decision. 

9 (6) EFFECT.—Nothing in this subsection pre10 empts or interferes with any obligation to comply 

11 with any Federal law, including the Federal Water 

12 Pollution Control Act (33 U.S.C. 1251 et seq.). 

13 SEC. 5007. WATER RESOURCES RESEARCH ACT AMEND14 MENTS. 

15 (a) CONGRESSIONAL FINDINGS AND DECLARA16 TIONS.—Section 102 of the Water Resources Research 

17 Act of 1984 (42 U.S.C. 10301) is amended— 

18 (1) by redesignating paragraphs (7) through 

19 (9) as paragraphs (8) through (10), respectively; 

20 (2) in paragraph (8) (as so redesignated), by 

21 striking ‘‘and’’ at the end; and 

22 (3) by inserting after paragraph (6) the fol23 lowing: 

24 ‘‘(7) additional research is required into in25 creasing the effectiveness and efficiency of new and 


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1 existing treatment works through alternative ap2 proaches, including— 

3 ‘‘(A) nonstructural alternatives; 

4 ‘‘(B) decentralized approaches; 

5 ‘‘(C) energy use efficiency; 

6 ‘‘(D) water use efficiency; and 

7 ‘‘(E) actions to extract energy from waste8 water;’’. 

9 (b) CLARIFICATION OF RESEARCH ACTIVITIES.—Sec10 tion 104(b)(1) of the Water Resources Research Act of 

11 1984 (42 U.S.C. 10303(b)(1)) is amended— 

12 (1) in subparagraph (B)(ii), by striking ‘‘water13 related phenomena’’ and inserting ‘‘water re14 sources’’; and 

15 (2) in subparagraph (D), by striking the period 

16 at the end and inserting ‘‘; and’’. 

17 (c) COMPLIANCE REPORT.—Section 104(c) of the 

18 Water Resources Research Act of 1984 (42 U.S.C. 

19 10303(c)) is amended— 

20 (1) by striking ‘‘(c) From the’’ and inserting 

21 the following: 

22 ‘‘(c) GRANTS.— 

23 ‘‘(1) IN GENERAL.—From the’’; and 

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


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1 ‘‘(2) REPORT.—Not later than December 31 of 

2 each fiscal year, the Secretary shall submit to the 

3 Committee on Environment and Public Works of the 

4 Senate, the Committee on the Budget of the Senate, 

5 the Committee on Transportation and Infrastructure 

6 of the House of Representatives, and the Committee 

7 on the Budget of the House of Representatives a re8 port regarding the compliance of each funding re9 cipient with this subsection for the immediately pre10 ceding fiscal year.’’. 

11 (d) EVALUATION OF WATER RESOURCES RESEARCH

12 PROGRAM.—Section 104 of the Water Resources Research 

13 Act of 1984 (42 U.S.C. 10303) is amended by striking 

14 subsection (e) and inserting the following: 

15 ‘‘(e) EVALUATION OF WATER RESOURCES RESEARCH

16 PROGRAM.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall con18 duct a careful and detailed evaluation of each insti19 tute at least once every 3 years to determine— 

20 ‘‘(A) the quality and relevance of the water 

21 resources research of the institute; 

22 ‘‘(B) the effectiveness of the institute at 

23 producing measured results and applied water 

24 supply research; and 


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1 ‘‘(C) whether the effectiveness of the insti2 tute as an institution for planning, conducting, 

3 and arranging for research warrants continued 

4 support under this section. 

5 ‘‘(2) PROHIBITION ON FURTHER SUPPORT.—If, 

6 as a result of an evaluation under paragraph (1), the 

7 Secretary determines that an institute does not qual8 ify for further support under this section, no further 

9 grants to the institute may be provided until the 

10 qualifications of the institute are reestablished to the 

11 satisfaction of the Secretary.’’. 

12 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

13 104(f)(1) of the Water Resources Research Act of 1984 

14 (42 U.S.C. 10303(f)(1)) is amended by striking 

15 ‘‘$12,000,000 for each of fiscal years 2007 through 2011’’ 

16 and inserting ‘‘$7,500,000 for each of fiscal years 2019 

17 through 2021’’. 

18 (f) ADDITIONAL APPROPRIATIONS WHERE RE19 SEARCH FOCUSED ON WATER PROBLEMS OF INTERSTATE

20 NATURE.—Section 104(g)(1) of the Water Resources Re21 search Act of 1984 (42 U.S.C. 10303(g)(1)) is amended 

22 in the first sentence, by striking ‘‘$6,000,000 for each of 

23 fiscal years 2007 through 2011’’ and inserting 

24 ‘‘$1,500,000 for each of fiscal years 2019 through 2021’’. 


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1 SEC. 5008. STUDY ON INTRACTABLE WATER SYSTEMS. 

2 Part E of the Safe Drinking Water Act (42 U.S.C. 

3 300j et seq.) is amended by adding at the end the fol4 lowing: 

5 ‘‘SEC. 1459C. STUDY ON INTRACTABLE WATER SYSTEMS. 

6 ‘‘(a) DEFINITION OF INTRACTABLE WATER SYS7 TEM.—In this section, the term ‘intractable water system’ 

8 means a community water system or a noncommunity 

9 water system— 

10 ‘‘(1) that serves fewer than 1,000 individuals; 

11 and 

12 ‘‘(2) the owner or operator of which— 

13 ‘‘(A) is unable or unwilling to provide safe 

14 and adequate service to those individuals; 

15 ‘‘(B) has abandoned or effectively aban16 doned the community water system or non17 community water system, as applicable; 

18 ‘‘(C) has defaulted on a financial obliga19 tion relating to the community water system or 

20 noncommunity water system, as applicable; 

21 ‘‘(D) fails to maintain the facilities of the 

22 community water system or noncommunity 

23 water system, as applicable, in a manner so as 

24 to prevent a potential public health hazard; or 


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1 ‘‘(E) is in significant noncompliance with 

2 this Act or any regulation promulgated pursu3 ant to this Act. 

4 ‘‘(b) STUDY REQUIRED.— 

5 ‘‘(1) IN GENERAL.—Not later than 2 years 

6 after the date of enactment of this section, the Ad7 ministrator, in consultation with the Secretary of 

8 Agriculture and the Secretary of Health and Human 

9 Services, shall complete a study that— 

10 ‘‘(A) identifies intractable water systems; 

11 and 

12 ‘‘(B) describes barriers to delivery of pota13 ble water to individuals served by an intractable 

14 water system. 

15 ‘‘(2) REPORT TO CONGRESS.—Not later than 2 

16 years after the date of enactment of this section, the 

17 Administrator shall submit to Congress a report de18 scribing findings and recommendations based on the 

19 study under this subsection. 

20 ‘‘(c) COMPLIANCE INCENTIVE.—Section 1414(h)(2) 

21 shall apply to any person carrying out a plan to address 

22 an intractable water system that is approved by— 

23 ‘‘(1) in the case of a State with primary en24 forcement responsibility under section 1413, the 

25 State; or 


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1 ‘‘(2) in the case of a State that does not have 

2 primary enforcement responsibility, the Adminis3 trator.’’. 

4 SEC. 5009. NATIONAL ONSITE WASTEWATER RECYCLING. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that providing communities with the knowledge and 

7 resources necessary to fully use decentralized wastewater 

8 systems can provide affordable wastewater recycling and 

9 treatment to millions of people in the United States. 

10 (b) DEFINITION OF ADMINISTRATOR.—In this sec11 tion, the term ‘‘Administrator’’ means the Administrator 

12 of the Environmental Protection Agency. 

13 (c) WASTEWATER TECHNOLOGY CLEARINGHOUSE.— 

14 (1) IN GENERAL.—The Administrator shall— 

15 (A) for each of the programs described in 

16 paragraph (2), update the information for those 

17 programs to include information on cost-effec18 tive and alternative wastewater recycling and 

19 treatment systems, including onsite and decen20 tralized systems; and 

21 (B) disseminate to units of local govern22 ment and nonprofit organizations seeking Fed23 eral funds for wastewater systems information 

24 on the cost effectiveness of alternative wasteVerDate Sep 11 2014 01:38 May 15, 2018 Jkt 079200 PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 E:\BILLS\S2800.IS S2800

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1 water treatment and recycling systems, includ2 ing onsite and decentralized systems. 

3 (2) PROGRAMS DESCRIBED.—The programs re4 ferred to in paragraph (1)(A) are programs that 

5 provide technical assistance for wastewater manage6 ment, including— 

7 (A) programs for nonpoint source manage8 ment under section 319 of the Federal Water 

9 Pollution Control Act (33 U.S.C. 1329); 

10 (B) the permit program for the disposal of 

11 sewer sludge under section 405 of the Federal 

12 Water Pollution Control Act (33 U.S.C. 1345); 

13 (C) technical assistance for small public 

14 water systems under section 1442(e) of the 

15 Safe Drinking Water Act (42 U.S.C. 300j– 

16 2(e)); and 

17 (D) other programs of the Administrator 

18 that provide technical assistance for wastewater 

19 management. 

20 (d) ALTERNATIVE WASTEWATER SYSTEM CERTIFI21 CATION.— 

22 (1) CLEAN WATER STATE REVOLVING FUNDS.— 

23 Section 603 of the Federal Water Pollution Control 

24 Act (33 U.S.C. 1383) (as amended by section 


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1 5004(b)(1)) is amended by adding at the end the 

2 following: 

3 ‘‘(k) ALTERNATIVE WASTEWATER SYSTEM CERTIFI4 CATION.—In providing assistance from the water pollution 

5 control revolving fund of the State established in accord6 ance with this title for a project for a wastewater system 

7 serving a population of not more than 2,500, the State 

8 shall ensure that an entity receiving assistance from the 

9 water pollution control revolving fund of the State certifies 

10 that the entity has considered an individual or shared on11 site, decentralized wastewater system as an alternative 

12 wastewater system.’’. 

13 (2) WIFIA.—Section 5028(a) of the Water In14 frastructure Finance and Innovation Act of 2014 

15 (33 U.S.C. 3907(a)) is amended by adding at the 

16 end the following: 

17 ‘‘(7) ALTERNATIVE WASTEWATER SYSTEM CER18 TIFICATION.—In the case of a project carried out by 

19 the Administrator, the Administrator shall ensure 

20 that, for a project for a wastewater system serving 

21 a population of not more than 2,500, the eligible en22 tity receiving financial assistance certifies that the 

23 eligible entity has considered an individual or shared 

24 onsite, decentralized wastewater system as an alter25 native wastewater system.’’. 


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1 (3) WATER AND WASTE DISPOSAL LOAN &

2 GRANT PROGRAM.—Section 306(a) of the Consoli3 dated Farm and Rural Development Act (7 U.S.C. 

4 1926(a)) is amended by adding at the end the fol5 lowing: 

6 ‘‘(27) ALTERNATIVE WASTEWATER SYSTEM

7 CERTIFICATION.—The Secretary shall ensure that, 

8 for a wastewater project serving a population of not 

9 more than 2,500, the recipient of the financial as10 sistance certifies that the recipient has considered an 

11 individual or shared onsite, decentralized wastewater 

12 system as an alternative wastewater system.’’. 

13 (e) REPORT TO CONGRESS.—Not later than 1 year 

14 after the date of enactment of this Act, and not less fre15 quently than every 3 years thereafter, the Administrator 

16 shall submit to Congress a report that describes— 

17 (1) the amount of financial assistance provided 

18 by State water pollution control revolving funds es19 tablished under title VI of the Federal Water Pollu20 tion Control Act (33 U.S.C. 1381 et seq.) to deploy 

21 decentralized wastewater recycling technology; 

22 (2) the barriers impacting greater use of decen23 tralized wastewater recycling technologies; 

24 (3) the cost-saving potential to communities 

25 and future infrastructure investments from further 


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1 deployment of decentralized wastewater recycling 

2 technology; 

3 (4) the environmental benefits to the commu4 nity and groundwater quality from additional invest5 ments in decentralized wastewater recycling; and 

6 (5) the actions taken by the Administrator to 

7 assist States in identifying eligible projects using de8 centralized wastewater recycling technology. 

9 SEC. 5010. WATER INFRASTRUCTURE AND WORKFORCE IN10 VESTMENT. 

11 (a) SENSE OF CONGRESS.—It is the sense of Con12 gress that— 

13 (1) water and wastewater utilities provide a 

14 unique opportunity for access to stable, high-quality 

15 careers; 

16 (2) as water and wastewater utilities make crit17 ical investments in infrastructure, water and waste18 water utilities can invest in the development of local 

19 workers and local small businesses to strengthen 

20 communities and ensure a strong pipeline of skilled 

21 and diverse workers for today and tomorrow; and 

22 (3) to further the goal of ensuring a strong 

23 pipeline of skilled and diverse workers in the water 

24 and wastewater utilities sector, Congress urges— 


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1 (A) increased collaboration among Federal, 

2 State, and local governments; and 

3 (B) institutions of higher education, ap4 prentice programs, high schools, and other com5 munity-based organizations to align workforce 

6 training programs and community resources 

7 with water and wastewater utilities to accelerate 

8 career pipelines and provide access to workforce 

9 opportunities. 

10 (b) DEFINITION OF INTRACTABLE WATER SYS11 TEM.—In this section, the term ‘‘intractable water sys12 tem’’ means a community water system or a noncommu13 nity water system (as those terms are defined in section 

14 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)) 

15 that— 

16 (1) that serves fewer than 1,000 individuals; 

17 and 

18 (2) the owner or operator of which— 

19 (A) is unable or unwilling to provide safe 

20 and adequate service to those individuals; 

21 (B) has abandoned or effectively aban22 doned the community water system or non23 community water system, as applicable; 


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1 (C) has defaulted on a financial obligation 

2 relating to the community water system or non3 community water system, as applicable; 

4 (D) fails to maintain the facilities of the 

5 community water system or noncommunity 

6 water system, as applicable, in a manner so as 

7 to prevent a potential public health hazard; or 

8 (E) is in significant noncompliance with 

9 the Safe Drinking Water Act (42 U.S.C. 300f 

10 et seq.) or any regulation promulgated pursuant 

11 to that Act. 

12 (c) INNOVATIVE WATER INFRASTRUCTURE WORK13 FORCE DEVELOPMENT PROGRAM.— 

14 (1) GRANTS AUTHORIZED.—The Administrator 

15 of the Environmental Protection Agency (referred to 

16 in this section as the ‘‘Administrator’’) and the Sec17 retary shall establish a competitive grant program to 

18 assist the development of innovative activities relat19 ing to workforce development in the water utility 

20 sector. 

21 (2) SELECTION OF GRANT RECIPIENTS.—In 

22 awarding grants under paragraph (1), the Adminis23 trator or the Secretary, as applicable, shall, to the 

24 maximum extent practicable, select— 

25 (A) water utilities that— 


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1 (i) are geographically diverse; 

2 (ii) address the workforce and human 

3 resources needs of large and small public 

4 water and wastewater utilities; 

5 (iii) address the workforce and human 

6 resources needs of urban and rural public 

7 water and wastewater utilities; 

8 (iv) advance training relating to con9 struction, utility operations, treatment and 

10 distribution, green infrastructure, customer 

11 service, maintenance, and engineering; and 

12 (v)(I) have a high retiring workforce 

13 rate; or 

14 (II) are located in areas with a high 

15 unemployment rate; or 

16 (B) intractable water systems. 

17 (3) USE OF FUNDS.—Grants awarded under 

18 paragraph (1) may be used for activities such as— 

19 (A) targeted internship, apprenticeship, 

20 preapprenticeship, and post-secondary bridge 

21 programs for mission-critical skilled trades, in 

22 collaboration with labor organizations, commu23 nity colleges, and other training and education 

24 institutions that provide— 

25 (i) on-the-job training; 


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1 (ii) soft and hard skills development; 

2 (iii) test preparation for skilled trade 

3 apprenticeships; or 

4 (iv) other support services to facilitate 

5 post-secondary success; 

6 (B) kindergarten through 12th grade and 

7 young adult education programs that— 

8 (i) educate young people about the 

9 role of water and wastewater utilities in 

10 the communities of the young people; 

11 (ii) increase the career awareness and 

12 exposure of the young people to water util13 ity careers through various work-based 

14 learning opportunities inside and outside 

15 the classroom; and 

16 (iii) connect young people to post-sec17 ondary career pathways related to water 

18 utilities; 

19 (C) regional industry and workforce devel20 opment collaborations to identify water utility 

21 employment needs, map existing career path22 ways, support the development of curricula, fa23 cilitate the sharing of resources, and coordinate 

24 candidate development, staff preparedness ef25 forts, and activities that engage and support— 


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1 (i) water utilities employers; 

2 (ii) educational and training institu3 tions; 

4 (iii) local community-based organiza5 tions; 

6 (iv) public workforce agencies; and 

7 (v) other related stakeholders; 

8 (D) integrated learning laboratories em9 bedded in high schools or other secondary edu10 cational institutions that provide students 

11 with— 

12 (i) hands-on, contextualized learning 

13 opportunities; 

14 (ii) dual enrollment credit for post15 secondary education and training pro16 grams; and 

17 (iii) direct connection to industry em18 ployers; and 

19 (E) leadership development, occupational 

20 training, mentoring, or cross-training programs 

21 that ensure that incumbent water and waste22 water utilities workers are prepared for higher23 level supervisory or management-level positions. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as are nec3 essary to carry out this section. 

4 SEC. 5011. SENSE OF CONGRESS RELATING TO STATE RE5 VOLVING FUNDS. 

6 It is the sense of Congress that Congress should pro7 vide robust funding of capitalization grants to States to 

8 fund drinking water treatment revolving loan funds estab9 lished under section 1452 of the Safe Drinking Water Act 

10 (42 U.S.C. 300j–12) and the State water pollution control 

11 revolving funds established under title VI of the Federal 

12 Water Pollution Control Act (33 U.S.C. 1381 et seq.). 

13 SEC. 5012. GAO STUDY ON WIFIA PROJECTS IN SMALL COM14 MUNITIES, RURAL COMMUNITIES, DISADVAN15 TAGED COMMUNITIES, AND TRIBAL COMMU16 NITIES. 

17 Not later than 1 year after the date of enactment 

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

19 shall— 

20 (1) conduct a study on how to create flexibility 

21 under the Water Infrastructure Finance and Innova22 tion Act (33 U.S.C. 3901 et seq.) for small commu23 nities, rural communities, disadvantaged commu24 nities, and Tribal communities, including— 


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1 (A) ways to improve access to assistance 

2 under that Act for those communities; and 

3 (B) how to lower the burden of applying 

4 for assistance under that Act for those commu5 nities; and 

6 (2) submit to Congress a report that describes 

7 the results of the study under paragraph (1). 

Æ 


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