II 

Calendar No. 425 

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, Mr. CARDIN, Mr. 

WICKER, Mrs. CAPITO, Mr. VAN HOLLEN, Mr. BOOZMAN, Mr. WHITEHOUSE, and Mr. SULLIVAN) introduced the following bill; which was read 

twice and referred to the Committee on Environment and Public Works 

MAY 22, 2018 

Reported by Mr. BARRASSO, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

5 this Act is as follows: 

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. 


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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. 

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. 


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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. 

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 


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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 

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 Mart ́ın 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. 


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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 

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 


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1 (B) the headquarters office of the Corps of 

2 Engineers to manage projects and initiatives of 

3 national significance; 

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

5 for each district of the Corps of Engineers and to 

6 give responsibility to those districts to develop and 

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

8 and 

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

10 and stakeholder input in the process to improve 

11 budgeting of activities by the Secretary. 

12 (b) DEFINITIONS.—In this section: 

13 (1) ASSISTANT SECRETARY.—The term ‘‘Assist14 ant Secretary’’ means the Assistant Secretary of the 

15 Army for Civil Works. 

16 (2) COM ACCOUNTS.— 

17 (A) IN GENERAL.—The term ‘‘COM ac18 counts’’ means— 

19 (i) the Civil Works Program Con20 struction appropriations account of the 

21 Secretary; and 

22 (ii) the Civil Works Program Oper23 ation and Maintenance appropriations ac24 count of the Secretary. 


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1 (B) INCLUSION.—The term ‘‘COM ac2 counts’’ includes the portions of the Civil Works 

3 Program Mississippi River and Tributaries ap4 propriations account of the Secretary specifi5 cally relating to— 

6 (i) construction; or 

7 (ii) operations and maintenance. 

8 (3) COST-SHARE PARTNER.—The term ‘‘cost9 share partner’’ means a non-Federal government 

10 agency or other entity that is legally obligated— 

11 (A) to participate in project plan develop12 ment; or 

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

14 plan development or project implementation. 

15 (4) DISTRICT 5-YEAR BUDGET AND WORK

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

17 plan’’ means a report by an appropriate District En18 gineer under subsection (e) that— 

19 (A) includes— 

20 (i) the district work plan for the fiscal 

21 year; and 

22 (ii) the district budget proposal for 

23 the 4-year period following the fiscal year 

24 to fund increments of work within the ju25 risdiction of the district; 


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1 (B) is based on— 

2 (i) an allocation provided for a fiscal 

3 year; and 

4 (ii) estimates based on the allocation 

5 under clause (i), assuming an annual 

6 growth rate of 2 percent; and 

7 (C) contains— 

8 (i) a list of projects and initiatives of 

9 regional, Tribal, or local significance to be 

10 carried out through the COM account; 

11 (ii) a list of studies that the District 

12 Engineer determines would potentially pro13 vide value to the United States to be car14 ried out through the Investigations ac15 count; and 

16 (iii) a list of projects and initiatives of 

17 national significance to be carried out 

18 through the COM accounts, if the project 

19 or initiative is selected to be carried out. 

20 (5) GOVERNMENT AGENCIES.—The term ‘‘gov21 ernment agencies’’ means Federal and non-Federal 

22 government agencies that can provide authority, ex23 pertise, or funding, in cases in which the Secretary 

24 has limited authority or in which the government 


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1 agency can assist in developing a project alternative, 

2 to collaborate on projects and plans relating to— 

3 (A) flood damage reduction and risk man4 agement; 

5 (B) reliable water supply; and 

6 (C) other business lines. 

7 (6) HEADQUARTERS 5-YEAR BUDGET AND

8 WORK PLAN.—The term ‘‘headquarters 5-year budg9 et and work plan’’ means a report by the Chief of 

10 Engineers under subsection (d) that— 

11 (A) includes— 

12 (i) the Corps of Engineers work plan 

13 for the fiscal year; and 

14 (ii) the Corps of Engineers budget 

15 proposal for the 4-year period following the 

16 fiscal year to fund increments of work to 

17 be carried out that is considered to be of 

18 regional, Tribal, or local significance; and 

19 (B) is based on— 

20 (i) an amount provided for the fiscal 

21 year through an appropriations Act; and 

22 (ii) estimates based on the amount 

23 under clause (i), assuming an annual 

24 growth rate of 2 percent. 


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1 (7) INTEGRATED WATER RESOURCE MANAGE2 MENT.—The term ‘‘integrated water resource man3 agement’’ means a holistic and mission-integrated 

4 process that— 

5 (A) focuses on water resources challenges 

6 and opportunities; and 

7 (B) promotes collaboration with cost-share 

8 partners, relevant government agencies, and 

9 stakeholders for coordinated development and 

10 active management of water and related re11 sources— 

12 (i) to align authorities and funding; 

13 (ii) to provide opportunities for infor14 mation sharing; and 

15 (iii) to support complementary and in16 tegrated solutions to problems across Fed17 eral and non-Federal boundaries to deliver 

18 value to the United States based on re19 gional, Tribal, or local benefits. 

20 (8) INVESTIGATIONS ACCOUNT.— 

21 (A) IN GENERAL.—The term ‘‘Investiga22 tions account’’ means the Civil Works Program 

23 Investigations appropriations account of the 

24 Secretary. 


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

2 account’’ includes the portions of the Civil 

3 Works Program Mississippi River and Tribu4 taries appropriations account of the Secretary 

5 specifically relating to investigations. 

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

7 project, program, or activity carried out by the 

8 Corps of Engineers. 

9 (10) PROJECT OR INITIATIVE OF NATIONAL

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

11 national significance’’ means a Corps of Engineers 

12 activity that— 

13 (A) provides value to the United States; 

14 and 

15 (B) satisfies the economic analysis or as16 sumption and other legal and policy require17 ments, including the benefit-cost ratio, for po18 tential inclusion in the budget transmitted 

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

20 Code. 

21 (11) PROJECT OR INITIATIVE OF REGIONAL, 

22 TRIBAL, OR LOCAL SIGNIFICANCE.—The term 

23 ‘‘project or initiative of regional, Tribal, or local sig24 nificance’’ means a Corps of Engineers activity 

25 that— 


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1 (A) provides value to the United States; 

2 but 

3 (B) does not satisfy the requirements to be 

4 considered a project or initiative of national sig5 nificance. 

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

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

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

9 Tribe, or a locality, means— 

10 (A) the enhancement or stabilization of the 

11 regional, Tribal, or local economy; 

12 (B) the restoration or protection of the re13 gional, Tribal, or local environment; or 

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

15 general welfare to maintain or improve the 

16 quality of life of the people of the United 

17 States. 

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

19 plan process’’ means the process used by the Sec20 retary and the Chief of Engineers on the date of en21 actment of this Act by which funds that are not allo22 cated to a specified project in an appropriations Act 

23 (including the statement of managers for such an 

24 Act) are subdivided into various categories within 

25 the areas of— 


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1 (A) navigation; 

2 (B) flood risk management; and 

3 (C) other authorized project purposes. 

4 (c) BUDGET RECOMMENDATIONS BY SECRETARY.— 

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

6 once each fiscal year, the Secretary shall make rec7 ommendations to Congress on the date that the 

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

9 31, United States Code, for the allocation and ap10 propriation of amounts for that fiscal year in each 

11 of the major business lines for the Investigations ac12 count and the COM accounts for allocation to each 

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

14 (A) the District Engineer; and 

15 (B) the civilian Deputy District Engineer 

16 for Programs and Project Management. 

17 (2) EFFECT OF SUBSECTION.—Except as spe18 cifically provided in this subsection, nothing in this 

19 subsection affects any other appropriations account 

20 of the Secretary, including— 

21 (A) the Regulatory appropriations account; 

22 (B) the Ecosystem Restoration appropria23 tions account; 

24 (C) the Expenses appropriations account; 


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1 (D) the Formerly Utilized Sites Remedial 

2 Action Program appropriations account; 

3 (E) the Flood Control and Coastal Emer4 gencies appropriations account; 

5 (F) the Office of the Assistant Secretary of 

6 the Army for Civil Works appropriations ac7 count; 

8 (G) the revolving fund established by sec9 tion 101 of the Civil Functions Appropriations 

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

11 (H) the automation development program 

12 pursuant to House Report 103–135, accom13 panying the Energy and Water Development 

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

15 109 Stat. 402). 

16 (d) HEADQUARTERS 5-YEAR BUDGET AND WORK

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

18 the date that the budget is transmitted under section 

19 1105(a) of title 31, United States Code, the Secretary 

20 shall submit to Congress the headquarters 5-year budget 

21 and work plan. 

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

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

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

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


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1 United States Code, each District Engineer and ci2 vilian Deputy District Engineer for Programs and 

3 Project Management shall submit to Congress a dis4 trict 5-year budget and work plan. 

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

6 work plan under paragraph (1)— 

7 (A) may include any project under the ju8 risdiction of the applicable District Engineer 

9 that is not included in the budget transmitted 

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

11 Code; and 

12 (B) shall prioritize the projects based on 

13 the value to the United States of each project. 

14 (3) LEADERSHIP INPUT.—The headquarters of15 fice and Major Subordinate Command of the Corps 

16 of Engineers shall provide appropriate quality assur17 ance guidance in the preparation of each district 5- 

18 year budget and work plan. 

19 (f) PUBLIC PARTICIPATION.—The Secretary shall 

20 issue guidance that requires that for the development of, 

21 or any proposed major substantive modification to, a dis22 trict 5-year budget and work plan, each District Engineer 

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

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

25 agencies, and stakeholders— 


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1 (A) notice and an opportunity for comment 

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

3 to the Secretary or to the District Engineer 

4 comments, including through written submis5 sion of data, opinions, or arguments, with or 

6 without an opportunity for oral presentation; 

7 (B) written responses to comments re8 ceived under subparagraph (A); and 

9 (C) a process through which cost-share 

10 partners, government agencies, and stake11 holders may appeal decisions of the District En12 gineer regarding the contents of the district 5- 

13 year budget and work plan under subsection 

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

15 jurisdiction over the District; 

16 (2) publish the comments received under para17 graph (1)(A) on the internet website of the Corps of 

18 Engineers; 

19 (3) hold a public meeting to discuss each dis20 trict 5-year budget and work plan; 

21 (4) provide to government agencies the oppor22 tunity to consult and collaborate with each district 

23 and obtain feedback to incorporate into risk assess24 ments; and 


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1 (5) provide to cost-share partners the oppor2 tunity to collaborate— 

3 (A) to support information sharing; 

4 (B) to the maximum extent practicable, to 

5 share in concept development and decision-mak6 ing to achieve complementary or integrated so7 lutions to problems; and 

8 (C) to obtain feedback to incorporate into 

9 risk assessments. 

10 (g) CRITERIA FOR THE HEADQUARTERS AND DIS11 TRICT 5-YEAR BUDGET AND WORK PLANS.— 

12 (1) INTEGRATED WATER RESOURCE MANAGE13 MENT.—In developing a headquarters 5-year budget 

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

15 plan, the Secretary or the District Engineer, as ap16 plicable, shall ensure that applicable projects are or 

17 will be carried out in a sustainable manner that— 

18 (A) is holistic and mission-integrated; 

19 (B) focuses on water resource challenges 

20 and opportunities; 

21 (C) promotes collaboration with stake22 holders, government agencies, and cost-share 

23 partners for coordinated development and active 

24 management of water and related resources; 


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1 (D) maximizes the benefits resulting from 

2 Corps of Engineers investment; 

3 (E) aligns Corps of Engineers, government 

4 agencies, and cost-share partners authorities 

5 and funding to gain efficiencies and maximize 

6 return on investment; and 

7 (F) pursues integrated water resource 

8 management. 

9 (2) SYSTEM AND WATERSHED EVALUATION

10 AND PRIORITIZATION.—The Secretary shall issue 

11 guidance to ensure, in the development of a head12 quarters 5-year budget and work plan or district 5- 

13 year budget and work plan— 

14 (A) the use of modeling and data to evalu15 ate the performance of project assets on a sys16 tem or watershed basis in yielding system-wide 

17 or watershed-wide benefits; and 

18 (B) the prioritization of activities and 

19 management of infrastructure within each rel20 evant system or watershed. 

21 (3) LIFECYCLE PORTFOLIO MANAGEMENT.—In 

22 making a determination relating to investment at 

23 any stage of a project, the Secretary shall issue 

24 guidance to ensure that the principles of lifecycle 

25 portfolio management are applied in the development 


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1 of headquarters 5-year budget and work plans and 

2 district 5-year budget and work plans, including 

3 by— 

4 (A) managing the entire lifecycle of the 

5 project, within a system or watershed context, 

6 using data and objective criteria as the basis for 

7 risk-informed investment decision-making to 

8 provide— 

9 (i) the desired outcomes of the 

10 project; and 

11 (ii) value to the United States; and 

12 (B) managing the regional and national 

13 portfolios of projects to make cost-effective and 

14 sequenced investment decisions. 

15 (4) FEDERAL CONSIDERATIONS.—In developing 

16 and comparing project alternatives or making any 

17 other determination for purposes of a headquarters 

18 5-year budget and work plan or district 5-year budg19 et and work plan, the Secretary shall issue guidance 

20 to ensure that each plan includes an evaluation of 

21 the projected effects of each project or initiative of 

22 national significance or project or initiative of re23 gional, Tribal, or local significance, or project alter24 native, if applicable, on— 


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1 (A) the nonmonetary physical, chemical, 

2 and biological conditions of water and related 

3 land resources in the United States, at the sys4 tem or watershed scale; 

5 (B) the economic value of— 

6 (i) water and related land resources in 

7 the United States; and 

8 (ii) the national output of goods and 

9 services produced using those resources; 

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

11 to human life and safety, as measured— 

12 (i) taking into consideration applicable 

13 flood and coastal storm damage reduction 

14 plans, and any other relevant plans; and 

15 (ii) using— 

16 (I) nonmonetary units; or 

17 (II) qualitative descriptions; 

18 (D) significant cultural, aesthetic, and sub19 watershed-scale ecological resources, as meas20 ured using— 

21 (i) nonmonetary units; or 

22 (ii) qualitative descriptions; and 

23 (E) the effects described in subparagraphs 

24 (A) through (D) with respect to— 

25 (i) low-income communities; 


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1 (ii) rural communities; and 

2 (iii) Tribal and other minority com3 munities. 

4 (5) BUSINESS LINE CONSIDERATIONS.—The 

5 Secretary shall issue guidance to ensure that head6 quarters 5-year budget and work plans and district 

7 5-year budget and work plans analyze the accom8 plishments, projected challenges, and business pro9 grams funding and performance of each project or 

10 initiative of national significance and project or ini11 tiative of regional, Tribal, or local significance, tak12 ing into consideration any relevant business lines of 

13 the project or initiative. 

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

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

16 for each fiscal year shall supplant the work plan process 

17 with respect to the applicable accounts— 

18 (1) to increase transparency regarding planned 

19 expenditures of the Corps of Engineers during the 4- 

20 year period following that fiscal year; 

21 (2) to maximize the return on Federal invest22 ment; and 

23 (3) to ensure that the infrastructure of the 

24 Corps of Engineers protects laborers and employees, 


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1 private investment, and production in the United 

2 States. 

3 SEC. 1002. NATIONAL ACADEMY STUDIES. 

4 As soon as practicable after the date of enactment 

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

6 with the National Academy of Sciences under which the 

7 National Academy shall conduct studies regarding— 

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

9 can increase transparency in cooperating with— 

10 (A) Congress; 

11 (B) State and local units of government; 

12 (C) local stakeholders; and 

13 (D) other cost-share partners, government 

14 agencies, and stakeholders; 

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

16 rather than project-based, authorization process for 

17 water resources development projects; and 

18 (3) whether the structure and organization of 

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

20 enactment of this Act— 

21 (A) is the most effective structure and or22 ganization for continued operation; or 

23 (B) should be modified to increase— 

24 (i) efficiency; 

25 (ii) coordination; 


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1 (iii) transparency; or 

2 (iv) cost savings. 

3 SEC. 1003. GAO STUDY ON BENEFIT-COST ANALYSIS RE4 FORMS. 

5 Not later than 1 year after the date of enactment 

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

7 shall— 

8 (1) conduct a study on the benefit-cost proce9 dures of the Secretary and the Director of the Office 

10 of Management and Budget (referred to in this sec11 tion as the ‘‘Director’’), including— 

12 (A) an examination of the benefits and 

13 costs that the Secretary and the Director do 

14 and do not include in the benefit-cost calcula15 tion, including, at a minimum, local and re16 gional economic benefits; and 

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

18 a calculation) of navigation benefits used in a 

19 calculation for a non-commercial harbor that is 

20 used by a State maritime academy (as defined 

21 in section 51102 of title 46, United States 

22 Code) for military training purposes; and 

23 (2) submit to Congress a report that— 

24 (A) describes the results of the study 

25 under paragraph (1); and 


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1 (B) includes recommendations for legisla2 tive or regulatory changes to improve the ben3 efit-cost analysis procedures of the Secretary 

4 and the Director. 

5 SEC. 1004. TRANSPARENCY AND ACCOUNTABILITY IN COST6 SHARING FOR WATER RESOURCES 

7 PROJECTS. 

8 (a) DEFINITION OF BALANCE SHEET.—In this sec9 tion, the term ‘‘balance sheet’’ means a document that de10 scribes— 

11 (1) the funds contributed by each Federal and 

12 non-Federal interest for a project; and 

13 (2) the status of those funds. 

14 (b) ESTABLISHMENT OF BALANCE SHEET.—Each 

15 district of the Corps of Engineers shall— 

16 (1) maintain a balance sheet for each project 

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

18 cost-share is required; and 

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

20 contributed funds for the project, provide to the non21 Federal interest a copy of the balance sheet. 

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

23 project carried out by the Secretary for which the project 

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

25 Secretary shall transfer the excess funds back to the nonVerDate Sep 11 2014 23:04 May 22, 2018 Jkt 079200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6401 E:\BILLS\S2800.RS S2800

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1 Federal interest, in accordance with the cost-share re2 quirement applicable to the project. 

3 (d) EXCESS FUNDS.— 

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

5 project carried out by the Secretary for which funds 

6 in excess of the funds needed to complete the project 

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

8 Secretary shall transfer the excess funds to a sepa9 rate account of the Secretary, in which the funds 

10 shall remain available until the non-Federal interest 

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

12 (2) USE IN FUTURE PROJECTS OR OPERATION

13 AND MAINTENANCE COSTS.—The non-Federal inter14 est may use funds in the account for the non-Fed15 eral interest under paragraph (1)— 

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

17 carried out by the Secretary for which a non18 Federal cost-share is required; and 

19 (B) to pay the costs of operation and 

20 maintenance of a project of the non-Federal in21 terest for which a non-Federal cost-share is re22 quired. 

23 SEC. 1005. NON-FEDERAL SPONSOR REIMBURSEMENTS. 

24 (a) DEFINITION OF UNREIMBURSED FUNDS.—In 

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


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

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

3 not been reimbursed by the Secretary under an existing 

4 agreement before the end of the fiscal year following the 

5 fiscal year in which the funds were spent. 

6 (b) APPLICATION OF UNREIMBURSED FUNDS.—In 

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

8 an existing agreement for which the non-Federal sponsor 

9 has unreimbursed funds, on the request of the non-Fed10 eral sponsor, the Secretary shall— 

11 (1) credit the unreimbursed funds to the non12 Federal cost-share requirement of that non-Federal 

13 sponsor for another project to be carried out by the 

14 Secretary; or 

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

16 sponsor. 

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

18 MANAGEMENT OF RECREATION FACILITIES. 

19 Section 225(c) of the Water Resources Development 

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

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

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

23 or private entity’’; and 

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


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1 ‘‘(4) TREATMENT.—In carrying out this sub2 section, the Secretary shall ensure that a private en3 tity is subject to the same regulations and require4 ments as a non-Federal public entity.’’. 

5 SEC. 1007. COST ESTIMATES. 

6 Section 2008(c) of the Water Resources Development 

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

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

9 SEC. 1008. RETROACTIVE CHANGES TO COST-SHARING 

10 AGREEMENTS. 

11 Study costs incurred before the date of execution of 

12 a feasibility cost-sharing agreement for a project to be car13 ried out under section 206 of the Water Resources Devel14 opment Act of 1996 (33 U.S.C. 2330) shall be Federal 

15 costs, if— 

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

17 2006; and 

18 (2) the feasibility cost-sharing agreement was 

19 not executed before January 1, 2014. 

20 SEC. 1009. PROJECT PARTNERSHIP AGREEMENTS. 

21 (a) DEFINITION OF PROJECT PARTNERSHIP AGREE22 MENT.—In this section, the term ‘‘project partnership 

23 agreement’’ means an agreement between the Secretary 

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

25 that describes— 


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1 (1) the project; and 

2 (2) the responsibilities of each of the Secretary 

3 and the non-Federal sponsor with respect to cost4 sharing, execution of work, and other aspects of the 

5 project. 

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

7 partnership agreement entered into after the date of en8 actment of this Act, the Secretary shall ensure that the 

9 project partnership agreement includes clear and detailed 

10 descriptions of operation and maintenance, repair, replace11 ment, and rehabilitation costs and the entity with respon12 sibility for those costs with respect to the project. 

13 SEC. 1010. STUDY AND REPORT ON EXPEDITING CERTAIN 

14 WAIVER PROCESSES. 

15 Not later than 1 year after the date of enactment 

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

17 the Committee on Environment and Public Works of the 

18 Senate and the Committee on Transportation and Infra19 structure of the House of Representatives a report based 

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

21 to the Secretary to improve and expedite the waiver proc22 ess for the non-Federal cost-share under section 116 of 

23 the Energy and Water Development and Related Agencies 

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

25 2851). 


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1 SEC. 1011. FEASIBILITY STUDIES FOR MITIGATION OF 

2 STORM DAMAGE. 

3 Section 105(a)(1) of the Water Resources Develop4 ment Act of 1986 (33 U.S.C. 2215(a)(1)) is amended— 

5 (1) in subparagraph (A), by striking ‘‘The Sec6 retary’’ and inserting ‘‘Except as provided in sub7 paragraph (F), the Secretary’’; and 

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

9 ‘‘(F) COST-SHARE FOR CERTAIN MITIGA10 TION PROJECTS.— 

11 ‘‘(i) IN GENERAL.—In the case of a 

12 feasibility study described in clause (ii), 

13 the Federal share of the cost of the study 

14 shall be, as determined by the Secretary— 

15 ‘‘(I) not less than 50 percent; 

16 and 

17 ‘‘(II) not more than 100 percent. 

18 ‘‘(ii) FEASIBILITY STUDIES DE19 SCRIBED.—A feasibility study referred to 

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

21 project for mitigation of damage to an area 

22 affected by weather or other events for 

23 which— 

24 ‘‘(I) during the 8-year period 

25 ending on the date of enactment of 


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1 the America’s Water Infrastructure 

2 Act of 2018— 

3 ‘‘(aa) the Secretary provided 

4 emergency response under section 

5 5 of the Act of August 18, 1941 

6 (commonly known as the ‘Flood 

7 Control Act of 1941’) (55 Stat. 

8 650, chapter 377; 33 U.S.C. 

9 701n); or 

10 ‘‘(bb) the area received dis11 aster assistance under the Robert 

12 T. Stafford Disaster Relief and 

13 Emergency Assistance Act (42 

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

15 ‘‘(II) there is a significant risk 

16 for future similar events (as deter17 mined by the Secretary).’’. 

18 SEC. 1012. EXTENDED COMMUNITY ASSISTANCE BY THE 

19 CORPS OF ENGINEERS. 

20 Section 5(a) of the Act of August 18, 1941 (com21 monly known as the ‘‘Flood Control Act of 1941’’) (55 

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

23 (1) by redesignating paragraph (3) as para24 graph (4); and 


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1 (2) by inserting after paragraph (2) the fol2 lowing: 

3 ‘‘(3) EXTENDED ASSISTANCE.— 

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

5 other entity receiving assistance under the 

6 fourth sentence of paragraph (1) on land the 

7 State, Tribe, or entity owns, has jurisdiction 

8 over, or otherwise controls, may petition the 

9 Secretary for extended assistance, to apply after 

10 the 30-day period of the project under section 

11 203.61(b)(8) of title 33, Code of Federal Regu12 lations (or successor regulations). 

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

14 subparagraph (A), the Secretary shall provide 

15 extended assistance in accordance with this 

16 paragraph. 

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

18 in subparagraph (D), extended assistance under 

19 this paragraph shall be subject to a minimum 

20 non-Federal cost-sharing requirement of 45 

21 percent. 

22 ‘‘(D) EXCEPTION.—The Secretary— 

23 ‘‘(i) may waive or reduce the min24 imum non-Federal cost-sharing require25 ment under subparagraph (C), at the disVerDate Sep 11 2014 23:04 May 22, 2018 Jkt 079200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6401 E:\BILLS\S2800.RS S2800

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1 cretion of the Secretary, if the Secretary 

2 determines that the financial situation of 

3 the non-Federal sponsor of the project 

4 warrants a reduction; and 

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

6 cost-sharing requirement on a project serv7 ing a disadvantaged community (as defined 

8 in section 1452(d) of the Safe Drinking 

9 Water Act (42 U.S.C. 300j–12(d)). 

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

11 best provide extended assistance under this 

12 paragraph, the Secretary shall consider whether 

13 granting the extended assistance would— 

14 ‘‘(i) minimize costs of long-term bur15 dens on the non-Federal sponsor of the 

16 project; 

17 ‘‘(ii) increase the resiliency of the 

18 project; and 

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

20 problems that the project seeks to rectify. 

21 ‘‘(F) SUNSET.—The authority of the Sec22 retary to provide extended assistance under this 

23 paragraph shall terminate on the date that is 2 

24 years after the date of enactment of the Amer25 ica’s Water Infrastructure Act of 2018.’’. 


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1 SEC. 1013. ADVANCED FUNDS FOR WATER RESOURCES DE2 VELOPMENT STUDIES AND PROJECTS. 

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

4 884; 33 U.S.C. 701h–1), is amended— 

5 (1) in the first sentence— 

6 (A) by striking ‘‘Whenever any’’ and in7 serting the following: 

8 ‘‘(a) IN GENERAL.—Whenever any’’; 

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

10 duly adopted and authorized by law’’ and in11 serting ‘‘an authorized water resources develop12 ment study or project,’’; and 

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

14 ‘‘such study or project’’; 

15 (2) in the second sentence— 

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

17 Army’’ and inserting the following: 

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

19 (B) by striking ‘‘from appropriations which 

20 may be provided by Congress for flood-control 

21 work’’ and inserting ‘‘if specific appropriations 

22 are provided by Congress for such purpose’’; 

23 and 

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

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

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1 vide repayment under subsection (b) $50,000,000 for each 

2 of fiscal years 2020 and 2021. 

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

4 term ‘State’ means— 

5 ‘‘(1) a State; 

6 ‘‘(2) the District of Columbia; 

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

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

9 United States; and 

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

11 tribal organization (as defined in section 4 of the In12 dian Self-Determination and Education Assistance 

13 Act (25 U.S.C. 5304)).’’. 

14 SEC. 1014. IMPLEMENTATION GUIDANCE. 

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

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

17 of this Act, the Secretary shall issue guidance to imple18 ment each provision of law (including an amendment made 

19 to a provision of law) under the jurisdiction of the Sec20 retary, for which guidance has not been issued as of the 

21 date of enactment of this Act, under— 

22 (1) the Water Resources Reform and Develop23 ment Act of 2014 (128 Stat. 1193); and 

24 (2) the Water Infrastructure Improvements for 

25 the Nation Act (130 Stat. 1628). 


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

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

3 appropriated to carry out that provision prevents imple4 mentation guidance from being issued. 

5 SEC. 1015. IMPLEMENTATION GUIDANCE FOR THIS ACT. 

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

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

8 guidance to carry out this Act and any amendments made 

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

10 jurisdiction of the Secretary. 

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

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

13 appropriated to carry out that provision prevents imple14 mentation guidance from being issued. 

15 SEC. 1016. EASEMENTS FOR CERTAIN RURAL ELECTRIC, 

16 TELEPHONE, AND BROADBAND SERVICE FA17 CILITIES. 

18 Section 1172 of the Water Infrastructure Improve19 ments for the Nation Act (33 U.S.C. 2354) is amended— 

20 (1) by redesignating subsection (c) as sub21 section (d); and 

22 (2) by inserting after subsection (b) the fol23 lowing: 

24 ‘‘(c) CERTAIN EASEMENTS.— 


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

2 an easement across water resources development 

3 project land for the electric, telephone, or broadband 

4 service facilities of a nonprofit organization that is 

5 eligible for financing under the Rural Electrification 

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

7 does not interfere with the safe functioning of the 

8 water resources development project. 

9 ‘‘(2) PLACEMENT.—The placement of an ease10 ment under paragraph (1) shall be at the discretion 

11 of the Secretary.’’. 

12 SEC. 1017. CORPS CAPABILITIES. 

13 Not later than 1 year after the date of enactment 

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

15 study under section 936 of the Water Resources Develop16 ment Act of 1986 (33 U.S.C. 2300). 

17 SEC. 1018. PROJECT AUTHORIZATION FUNDING LINES. 

18 In any case in which a project under the jurisdiction 

19 of the Secretary is budgeted under a different business 

20 line than the business line under which the project was 

21 originally authorized, the Secretary shall ensure that the 

22 project is carried out in accordance with any requirements 

23 that apply to the business line under which the project 

24 was originally authorized. 


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1 SEC. 1019. CONSOLIDATION OF STUDIES; REPORT. 

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

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

4 a study on whether section 1002 of the Water Resources 

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

6 and the amendments made by that section limit options 

7 available to the Secretary to fund work relating to— 

8 (1) feasibility scoping; 

9 (2) project management planning; and 

10 (3) review plan development. 

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

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

13 submit to Congress a report describing the results of the 

14 study under subsection (a). 

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

16 PROJECTS. 

17 Section 203(e) of the Water Resources Development 

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

19 (1) by striking ‘‘At the request of a non-Fed20 eral interest, the Secretary may provide’’ and insert21 ing the following: 

22 ‘‘(1) IN GENERAL.—On the request of a non23 Federal interest, the Secretary shall provide’’; and 

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


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

2 technical assistance by the Secretary under para3 graph (1)— 

4 ‘‘(A) shall not be considered to be an ap5 proval or endorsement of the feasibility study; 

6 and 

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

8 the Secretary— 

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

10 compliance with applicable Federal laws 

11 (including regulations) under subsection 

12 (b); and 

13 ‘‘(ii) to make recommendations to 

14 Congress on the plan or design of the 

15 project under subsection (c).’’. 

16 SEC. 1021. REPORTS TO CONGRESS. 

17 (a) IN GENERAL.—Subject to the availability of ap18 propriations, the Secretary shall complete and submit to 

19 Congress by the applicable date required any report or 

20 study required under this Act or an amendment made by 

21 this Act. 

22 (b) FAILURE TO PROVIDE A COMPLETED REPORT OR

23 STUDY.— 

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

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1 scribed in subsection (a) by the date that is 180 

2 days after the applicable date required for that re3 port or study, $5,000 shall be reprogrammed from 

4 the General Expenses account of the civil works pro5 gram of the Army Corps of Engineers into the ac6 count of the division of the Army Corps of Engi7 neers with responsibility for completing that report 

8 or study. 

9 (2) SUBSEQUENT REPROGRAMMING.—Subject 

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

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

12 study described in that paragraph remains 

13 uncompleted and unsubmitted to Congress, $5,000 

14 shall be reprogrammed from the General Expenses 

15 account of the civil works program of the Army 

16 Corps of Engineers into the account of the division 

17 of the Secretary with responsibility for completing 

18 that report or study. 

19 (c) LIMITATIONS.— 

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

21 the total amounts reprogrammed under subsection 

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

23 (2) AGGREGATE LIMITATION.—The total 

24 amount reprogrammed under subsection (b) in a fis25 cal year shall not exceed $100,000. 


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

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

3 certifies in a letter to the applicable committees of Con4 gress that— 

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

6 content of the report or study that requires addi7 tional analysis for the Secretary to make a final de8 cision on the report or study; 

9 (2) amounts have not been appropriated to the 

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

11 the report or study; or 

12 (3) additional information is required from an 

13 entity other than the Corps of Engineers and is not 

14 available in a timely manner to complete the report 

15 or study by the deadline. 

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

17 funds to the General Expenses account of the civil works 

18 program of the Corps of Engineers for the loss of the 

19 funds. 

20 (f) REPORT.—Not less frequently than once each fis21 cal year, the Secretary shall submit to the Committee on 

22 Environment and Public Works of the Senate and the 

23 Committee on Transportation and Infrastructure of the 

24 House of Representatives a report that includes a list of 

25 each report or study by the Secretary that— 


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1 (1) was due to be completed in the previous fis2 cal year; but 

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

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

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

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

7 SEC. 1022. DISPOSITION STUDIES. 

8 The Secretary shall carry out any disposition study 

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

10 manner, including— 

11 (1) by offering opportunities for public input 

12 during the study; and 

13 (2) publishing and making publicly available 

14 final disposition studies. 

15 SEC. 1023. NATURAL INFRASTRUCTURE. 

16 In each feasibility study carried out by the Secretary 

17 for a project for flood risk management or hurricane and 

18 storm damage risk reduction, the Secretary shall consider 

19 the use of both traditional and natural infrastructure al20 ternatives, alone or in conjunction with each other, if those 

21 alternatives are practicable. 

22 SEC. 1024. WATERCRAFT INSPECTION STATIONS. 

23 Section 104 of the River and Harbor Act of 1958 

24 (33 U.S.C. 610) is amended— 


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

2 following: 

3 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

6 for each fiscal year, of which— 

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

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

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

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

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

12 paragraph (1) used for control operations shall be 

13 allocated by the Chief of Engineers on a priority 

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

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

16 (2) in subsection (d)— 

17 (A) by striking paragraph (1) and insert18 ing the following: 

19 ‘‘(1) IN GENERAL.— 

20 ‘‘(A) WATERCRAFT INSPECTION STA21 TIONS.—In carrying out this section, the Sec22 retary shall establish, operate, and maintain 

23 new or existing watercraft inspection stations— 

24 ‘‘(i) to protect the Columbia River 

25 Basin; and 


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1 ‘‘(ii) to protect the Upper Missouri 

2 River Basin. 

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

4 place watercraft inspection stations under sub5 paragraph (A) at locations, as determined by 

6 the Secretary in consultation with States within 

7 the areas described in subparagraph (A), with 

8 the highest likelihood of preventing the spread 

9 of aquatic invasive species at reservoirs oper10 ated and maintained by the Secretary. 

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

12 shall assist the States within the areas de13 scribed in subparagraph (A) with rapid re14 sponse to any aquatic invasive species, including 

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

16 (B) by striking paragraph (3)(A) and in17 serting the following: 

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

19 the areas described in clause (i) or (ii) of para20 graph (1)(A), as applicable;’’. 

21 SEC. 1025. REAUTHORIZATION OF NON-FEDERAL IMPLE22 MENTATION PILOT PROGRAM. 

23 Section 1043 of the Water Resources Reform and De24 velopment Act of 2014 (33 U.S.C. 2201 note; Public Law 

25 113–121) is amended— 


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1 (1) in subsection (a)— 

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

3 not later than 3 years after the date of enact4 ment of the America’s Water Infrastructure Act 

5 of 2018’’ after ‘‘this Act’’; 

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

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

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

9 fiscal years 2015 through 2019’’ and inserting 

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

11 (2) in subsection (b)— 

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

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

14 appears and inserting ‘‘date of enactment of the 

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

16 (B) in paragraph (4), by striking ‘‘applica17 ble on the day before the date of enactment of 

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

19 (C) 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 (D) in paragraph (7), by striking ‘‘5 

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


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

2 fiscal years 2015 through 2019’’ and inserting 

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

4 SEC. 1026. PROJECT STUDIES SUBJECT TO INDEPENDENT 

5 PEER REVIEW. 

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

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

8 2343(h)(2)) is amended by striking ‘‘12 years’’ and insert9 ing ‘‘17 years’’. 

10 (b) REPORT ON COST AND TIME OVERRUNS.—Sec11 tion 2034(i) of the Water Resources Development Act of 

12 2007 (33 U.S.C. 2343(i)) is amended by adding at the 

13 end the following: 

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

15 Not later than 1 year after the date of enactment 

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

17 the Secretary shall complete an analysis of cost and 

18 time overruns for projects subject to this section and 

19 submit to the Committee on Environment and Pub20 lic Works of the Senate and the Committee on 

21 Transportation and Infrastructure of the House of 

22 Representatives a report describing the results of the 

23 analysis.’’. 


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1 SEC. 1027. EXPEDITED CONSIDERATION. 

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

3 and Development Act of 2014 (128 Stat. 1374) is amend4 ed by striking ‘‘December 31, 2018’’ and inserting ‘‘De5 cember 31, 2024’’. 

6 SEC. 1028. WIFIA STUDY. 

7 Not later than 1 year after the date of enactment 

8 of this Act, the Secretary shall— 

9 (1) carry out a study on impediments to the im10 plementation of the Water Infrastructure Finance 

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

12 Secretary, including— 

13 (A) the obstacles that need to be removed 

14 for the Secretary to implement the responsibil15 ities of the Secretary under that Act; 

16 (B) an identification of all projects that 

17 the Secretary determines to be potentially viable 

18 to receive assistance under that Act; and 

19 (C) an identification of any amendments to 

20 that Act or other legislative or regulatory 

21 changes that would improve the ability of the 

22 Secretary to implement that Act; and 

23 (2) submit to the Committee on Environment 

24 and Public Works of the Senate and the Committee 

25 on Transportation and Infrastructure of the House 


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1 of Representatives a report on the results of the 

2 study under paragraph (1). 

3 SEC. 1029. ENHANCED DEVELOPMENT DEMONSTRATION 

4 PROGRAM. 

5 (a) IN GENERAL.—The Secretary is directed to re6 view the master plan and shoreline management plan for 

7 any lake described in section 3134 of the Water Resources 

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

9 1671) for the purpose of identifying areas suitable for en10 hanced development if— 

11 (1) the master plan and shoreline management 

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

13 2013; and 

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

15 has received a written request for such a review. 

16 (b) DEFINITION OF ENHANCED DEVELOPMENT.—In 

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

18 structures or other improvements used for non-water-de19 pendent commercial or hospitality industry purposes or for 

20 residential or recreational purposes. 

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

22 to lease Federal land under the jurisdiction of the Sec23 retary pursuant to this section for such terms as the Sec24 retary determines to be advisable to permit enhanced deVerDate Sep 11 2014 23:04 May 22, 2018 Jkt 079200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6401 E:\BILLS\S2800.RS S2800

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1 velopment in areas approved for such uses under sub2 section (a). 

3 (d) USE OF COMPETITIVE PROCEDURES.—The Sec4 retary shall require use of competitive procedures for 

5 leases authorized under subsection (c). 

6 (e) CONSIDERATIONS.—For leases authorized under 

7 subsection (c), the Secretary shall— 

8 (1) require payment of at least fair market 

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

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

11 (2) enter into a partnership agreement with a 

12 private entity; 

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

14 and 

15 (4) consider regional economic impacts. 

16 (f) TYPES OF IN-KIND CONSIDERATION.—The Sec17 retary is authorized to accept as in-kind consideration 

18 under subsection (e)(1)— 

19 (1) the maintenance, protection, alteration, re20 pair, improvement, or restoration of public recre21 ation facilities under the control of the Secretary; 

22 and 

23 (2) construction of new public recreation facili24 ties. 


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1 (g) DISPOSITION OF PROCEEDS.—Notwithstanding 

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

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

4 from issuance of leases authorized under subsection (c) 

5 shall be deposited in a special account in the Treasury 

6 established for the Secretary and shall be available for the 

7 following activities at the lake specified in a lease entered 

8 into under this section: 

9 (1) Natural resource and recreation manage10 ment. 

11 (2) The investigation, planning, construction, 

12 operation, and maintenance of public recreation fa13 cilities. 

14 (h) PAYMENT OF ADMINISTRATIVE EXPENSES.—The 

15 Secretary shall recover the administrative expenses associ16 ated with leases authorized under subsection (c) in accord17 ance with section 2695 of title 10, United States Code. 

18 (i) STUDY APPLICATION OF MILITARY LEASING AU19 THORITIES TO CIVIL WORKS PROJECTS.—Not later than 

20 2 years after the date of enactment of this Act, the Sec21 retary shall— 

22 (1) complete a study on the application of sec23 tion 2667 of title 10, United States Code, enhanced 

24 use leasing authorities, and other military leasing 


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1 authorities to the civil works program of the Sec2 retary; and 

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

4 of the study under paragraph (1), including a de5 scription of the obstacles that must be removed to 

6 implement the authorities. 

7 SEC. 1030. DUPLICATION OF EFFORTS. 

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

9 sponsor is working with an institution of higher education, 

10 in order to reduce duplication of efforts, the Secretary 

11 shall consider hiring an institution of higher education or 

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

13 provide assistance under section 22 of the Water Re14 sources Development Act of 1974 (42 U.S.C. 1962d–16) 

15 with respect to that project. 

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

17 CERTAIN WATER STORAGE PROJECTS. 

18 (a) PURPOSE AND NEED STATEMENTS.— 

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

20 the date of receipt of a complete application for a 

21 water storage project, the District Engineer shall de22 velop and provide to the applicant a purpose and 

23 need statement that describes— 

24 (A) whether the District Engineer concurs 

25 with the assessment of the purpose of and need 


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1 for the water storage project proposed by the 

2 applicant; and 

3 (B) in any case in which the District Engi4 neer does not concur as described in subpara5 graph (A), an assessment by the District Engi6 neer of the purpose of and need for the project. 

7 (2) EFFECT ON ENVIRONMENTAL IMPACT

8 STATEMENTS.—No environmental impact statement 

9 or environmental assessment required under the Na10 tional Environmental Policy Act of 1969 (42 U.S.C. 

11 4321 et seq.) shall substantially commence with re12 spect to a water storage project for which an appli13 cation is submitted as described in paragraph (1) 

14 until the date on which the District Engineer pro15 vides to the applicant the purpose and need state16 ment under that paragraph. 

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

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

19 from the Secretary is required, the Secretary shall provide 

20 to the applicant a record of decision that describes all ap21 plicable conditions under the permit that will apply to the 

22 project. 

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

24 (1) ESTABLISHMENT.—The Secretary shall es25 tablish a board of appeals, to be known as the 


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

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

3 (2) MEMBERSHIP.— 

4 (A) IN GENERAL.—The Board shall be 

5 composed of 5 members, to be appointed by the 

6 Secretary, of whom— 

7 (i) 2 shall be representatives of State 

8 water development commissions and agen9 cies with water storage needs; 

10 (ii) 2 shall be representatives of the 

11 Corps of Engineers; and 

12 (iii) 1— 

13 (I) shall be selected jointly by the 

14 Secretary and the entities described in 

15 clause (i); and 

16 (II) shall not be a representative 

17 of any entity described in clause (i) or 

18 (ii). 

19 (B) REQUIREMENTS.—In selecting mem20 bers to serve on the Board, the Secretary shall 

21 ensure that each Board member— 

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

23 and 


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1 (ii) is not from the same State in 

2 which the project that is the subject of the 

3 appeal is located. 

4 (3) DUTIES.— 

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

6 determinations on— 

7 (i) all appeals relating to a purpose 

8 and need statement provided under sub9 section (a)(1); and 

10 (ii) all appeals relating to the permit 

11 conditions described in a record of decision 

12 under subsection (b). 

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

14 determination regarding an appeal under sub15 paragraph (A) by not later than 90 days after 

16 the date on which the appeal is filed with the 

17 Board. 

18 (C) FACTORS FOR CONSIDERATION.—In 

19 making a determination under subparagraph 

20 (A), the Board shall evaluate— 

21 (i) in the case of an appeal described 

22 in subparagraph (A)(i), any field assess23 ment of the Corps of Engineers regarding 

24 the purpose of and need for the applicable 

25 water storage project; and 


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1 (ii) in the case of an appeal described 

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

3 placed on a project under a permit based 

4 on the record of decision under subsection 

5 (b). 

6 (4) CONSIDERATION BY DISTRICT ENGINEER.— 

7 (A) IN GENERAL.—In the case of any de8 termination of the Board under paragraph 

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

10 reconsider the purpose and need statement or 

11 permit condition, as applicable, taking into con12 sideration the determination of the Board under 

13 paragraph (3)(A). 

14 (B) EXPLANATION.—If the District Engi15 neer determines not to accept a determination 

16 under subparagraph (A), the District Engineer 

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

18 which the District Engineer receives the deter19 mination, provide to the applicant and to the 

20 Board a written explanation as to why the Dis21 trict Engineer rejected the determination. 

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

23 IN CORPS PROJECTS. 

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

25 a local non-Federal interest takes responsibility for certain 


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1 operation, maintenance, or capital improvement expenses 

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

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

4 taxpayers. 

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

6 WATER RESOURCES DEVELOPMENT PROJ7 ECTS BY NON-FEDERAL INTERESTS. 

8 It is the sense of Congress that the amendment to 

9 section 203 of the Water Resources Development Act of 

10 1986 (33 U.S.C. 2231) made by section 1126 of the Water 

11 Infrastructure Improvements for the Nation Act (130 

12 Stat. 1648) was intended to supersede any conflicting 

13 laws. 

14 SEC. 1034. SENSE OF CONGRESS RELATING TO PROJECT 

15 PARTNERSHIP AGREEMENTS. 

16 It is the sense of Congress that the Secretary should 

17 simplify and expedite the process for addressing in-kind 

18 work in project partnership agreements— 

19 (1) to allow for more flexibility for potential 

20 changes to in-kind work; and 

21 (2) to delegate approval for project partnership 

22 agreements to the District Engineer, if practicable. 


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1 SEC. 1035. SENSE OF CONGRESS RELATING TO ENCOUR2 AGING RESILIENT TECHNIQUES AND HABI3 TAT CONNECTIVITY IN ECOSYSTEM RES4 TORATION. 

5 It is the sense of Congress that the Secretary should 

6 ensure that infrastructure of the Secretary can endure ex7 treme weather, mitigate flooding and other negative im8 pacts on communities, and provide a significant return on 

9 investment by— 

10 (1) encouraging the use of resilient structural 

11 or nonstructural construction techniques; and 

12 (2) clarifying that nonstructural approaches, 

13 techniques, and alternatives include natural and na14 ture-based solutions. 

15 SEC. 1036. ALTERATIONS TO LOCAL FLOOD CONTROL 

16 PROJECTS. 

17 The District Engineer of each district of the Corps 

18 of Engineers shall have the authority to implement exist19 ing authorities to approve alterations to local flood control 

20 projects in accordance with section 208.10 of title 33, 

21 Code of Federal Regulations (or successor regulations), 

22 and all other applicable laws (including regulations). 


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1 TITLE II—STUDIES, MODIFICA2 TIONS, AND PROJECT AU3 THORIZATIONS 

4 Subtitle A—Studies 

5 SEC. 2001. AUTHORIZATION OF PROPOSED FEASIBILITY 

6 STUDIES. 

7 The Secretary is authorized to conduct a feasibility 

8 study for the following projects for water resources devel9 opment and conservation and other purposes, as identified 

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

11 Resources Development’’ submitted to Congress in March 

12 2017 and February 2018, respectively, pursuant to section 

13 7001 of the Water Resources Reform and Development 

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

15 Congress: 

16 (1) LOWER MISSISSIPPI RIVER, ARKANSAS, KEN17 TUCKY, LOUISIANA, MISSOURI, MISSISSIPPI, AND

18 TENNESSEE.—Project for water quality monitoring 

19 program and planning, engineering, and design for 

20 8 conservation reach habitat areas, Lower Mis21 sissippi River, Arkansas, Kentucky, Louisiana, Mis22 souri, Mississippi, and Tennessee. 

23 (2) OUACHITA-BLACK RIVERS NAVIGATION

24 PROJECT, ARKANSAS AND LOUISIANA.—Project for 


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1 navigation, Lower Little River, Arkansas and Lou2 isiana. 

3 (3) SAN DIEGO RIVER 1, 2, AND 3 LEVEE SYS4 TEM.—Project for flood risk reduction, navigation, 

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

6 and 3 levee system, California. 

7 (4) NORTHSHORE FLOOD RISK REDUCTION, 

8 LOUISIANA.—Project for northshore flood risk reduc9 tion, St. Tammany Parish, Louisiana. 

10 (5) ST. LOUIS RIVERFRONT-MERAMEC RIVER

11 BASIN, MISSOURI.—Project for ecosystem restora12 tion, St. Louis riverfront-Meramec River Basin, Mis13 souri, authorized by the resolution adopted by the 

14 Committee on Transportation and Infrastructure of 

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

16 modify the project to add flood risk management as 

17 a project purpose and to expand the study area to 

18 include the entire Meramec River Basin. 

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

20 for ecosystem restoration and flood risk manage21 ment, Chautauqua Lake, New York. 

22 (7) TRINITY RIVER AND TRIBUTARIES, 

23 TEXAS.—Project for navigation, Trinity River and 

24 tributaries, channel to Liberty, Texas. 


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1 (8) COASTAL VIRGINIA WATER RESOURCES, VIR2 GINIA.—Project for hurricane and storm damage 

3 risk reduction, coastal Virginia water resources, Vir4 ginia. 

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

6 ecosystem restoration, flood risk management, and 

7 navigation, Tangier Island, Virginia. 

8 SEC. 2002. LOWER MISSOURI RIVER BANK STABILIZATION 

9 AND NAVIGATION. 

10 The Secretary is authorized to conduct a study on 

11 the function and reliability of the Lower Missouri River 

12 Bank stabilization and navigation project, authorized by 

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

14 219, chapter 253). 

15 Subtitle B—Deauthorizations, Mod16 ifications, and Related Provi17 sions 

18 SEC. 2101. SAVANNAH HARBOR EXPANSION PROJECT. 

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

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

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

22 ‘‘$677,613,600’’; 

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

24 ‘‘$295,829,400’’; and 


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

2 ‘‘$973,443,000’’. 

3 SEC. 2102. DEAUTHORIZATION OF SVENSEN ISLAND. 

4 The project for flood risk management, Svensen Is5 land, Oregon, authorized by section 204 of the Flood Con6 trol Act of 1950 (64 Stat. 180), is no longer authorized 

7 beginning on the date of enactment of this Act. 

8 SEC. 2103. WHITTIER NARROWS STUDY. 

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

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

11 a study evaluating the impacts of removing 1 percent of 

12 the flowage spreading grounds from the flood control ease13 ment granted for the Whittier Narrows dam for the 

14 project on the San Gabriel River authorized by section 5 

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

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

17 688). 

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

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

20 Congress a report describing the results of the study under 

21 subsection (a). 

22 SEC. 2104. WEST TENNESSEE TRIBUTARIES PROJECT, TEN23 NESSEE. 

24 The West Tennessee tributaries project along the 

25 Obion and Forked Deer Rivers, Tennessee, authorized by 


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

2 1178) and modified by section 207 of the Flood Control 

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

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

5 section 183 of the Water Resources Development Act of 

6 1976 (90 Stat. 2940) is no longer authorized beginning 

7 on the date of enactment of this Act. 

8 SEC. 2105. BRIDGEPORT HARBOR-PEQUONNOCK RIVER 

9 NAVIGATION PROJECT, CONNECTICUT. 

10 The portions of the project for navigation, Bridgeport 

11 Harbor-Pequonnock River, Bridgeport, Connecticut, au12 thorized by the first section of the Act of June 18, 1878 

13 (20 Stat. 158, chapter 264), the first section of the Act 

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

15 section of the Act of March 3, 1899 (30 Stat. 1122, chap16 ter 425), the first section of the Act of June 25, 1910 

17 (36 Stat. 633, chapter 382), and the first section of the 

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

19 north of Congress Street in Bridgeport, Connecticut, are 

20 no longer authorized beginning on the date of enactment 

21 of this Act. 

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

23 OCKLAWAHA RIVER, FLORIDA. 

24 The portions of the project for flood control and other 

25 purposes, Four River Basins, Florida, authorized by secVerDate Sep 11 2014 23:04 May 22, 2018 Jkt 079200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6401 E:\BILLS\S2800.RS S2800

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1 tion 203 of the Flood Control Act of 1962 (76 Stat. 1183), 

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

3 Ocklawaha River, Florida, are no longer authorized begin4 ning on the date of enactment of this Act. 

5 SEC. 2107. CORPS OF ENGINEERS BRIDGE REPAIR AND DI6 VESTITURE PROGRAM FOR NEW ENGLAND 

7 EVACUATION ROUTES. 

8 (a) IN GENERAL.—Subject to the availability of ap9 propriations, the Secretary may repair or replace, as nec10 essary, any bridge owned and operated by the Secretary 

11 that is— 

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

13 Maine, Massachusetts, New Hampshire, Rhode Is14 land, and Vermont; and 

15 (2) necessary for evacuation during an extreme 

16 weather event. 

17 (b) SALE OR DIVESTMENT.—Notwithstanding any 

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

19 after the completion of the repair or replacement of a 

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

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

22 ownership and responsibility for the operation and mainte23 nance of the bridge. 


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1 SEC. 2108. BOSTON HARBOR RESERVED CHANNEL 

2 DEAUTHORIZATIONS. 

3 (a) 40-FOOT RESERVED CHANNEL.— 

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

5 for navigation, Boston Harbor, Massachusetts, au6 thorized by the first section of the Act of October 

7 17, 1940 (54 Stat. 1198, chapter 895), and modi8 fied by section 101 of the River and Harbor Act of 

9 1958 (72 Stat. 297), section 101(a)(13) of the 

10 Water Resources Development Act of 1990 (104 

11 Stat. 4607), and section 7002(1) of the Water Re12 sources Reform and Development Act of 2014 (128 

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

14 authorized beginning on the date of enactment of 

15 this Act. 

16 (2) AREAS DESCRIBED.— 

17 (A) FIRST AREA.—The first areas de18 scribed in this paragraph are— 

19 (i) beginning at a point N. 

20 2950154.45, E. 785995.64; 

21 (ii) running southwesterly about 

22 1451.63 feet to a point N. 2950113.83, E. 

23 784544.58; 

24 (iii) running southeasterly about 

25 54.00 feet to a point N. 2950059.85, E. 

26 784546.09; 


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1 (iv) running southwesterly about 

2 1335.82 feet to a point N. 2950022.48, E. 

3 783210.79; 

4 (v) running northwesterly about 83.00 

5 feet to a point N. 2950105.44, E. 

6 783208.47; 

7 (vi) running northeasterly about 

8 2787.45 feet to a point N. 2950183.44, E. 

9 785994.83; and 

10 (vii) running southeasterly about 

11 29.00 feet to the point described in clause 

12 (i). 

13 (B) SECOND AREA.—The second areas de14 scribed in this paragraph are— 

15 (i) beginning at a point N. 

16 2950502.86, E. 785540.84; 

17 (ii) running northeasterly about 46.11 

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

19 (iii) running southwesterly about 

20 25.67 feet to a point N. 2950480.84, E. 

21 785576.18; 

22 (iv) running southwesterly to a point 

23 N. 2950414.32, E. 783199.83; 


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1 (v) running northwesterly about 8.00 

2 feet to a point N. 2950422.32, E. 

3 783199.60; 

4 (vi) running northeasterly about 

5 2342.58 feet to a point N. 2950487.87, E. 

6 785541.26; and 

7 (vii) running northwesterly about 

8 15.00 feet to the point described in clause 

9 (i). 

10 (b) 35-FOOT RESERVED CHANNEL.— 

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

12 for navigation, Boston Harbor, Massachusetts, au13 thorized by the first section of the Act of October 

14 17, 1940 (54 Stat. 1198, chapter 895), and modi15 fied by section 101 of the River and Harbor Act of 

16 1958 (72 Stat. 297) described in paragraph (2) are 

17 no longer authorized beginning on the date of enact18 ment of this Act. 

19 (2) AREAS DESCRIBED.— 

20 (A) FIRST AREA.—The first areas de21 scribed in this paragraph are— 

22 (i) beginning at a point N. 

23 2950143.44, E. 787532.14; 


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1 (ii) running southeasterly about 22.21 

2 feet to a point N. 2950128.91, E. 

3 787548.93; 

4 (iii) running southwesterly about 

5 4,339.42 feet to a point N. 2950007.48, E. 

6 783211.21; 

7 (iv) running northwesterly about 

8 15.00 feet to a point N. 2950022.48, E. 

9 783210.79; and 

10 (v) running northeasterly about 

11 4,323.05 feet to the point described in 

12 clause (i). 

13 (B) SECOND AREA.—The second areas de14 scribed in this paragraph are— 

15 (i) beginning at a point N. 

16 2950502.86, E. 785540.84; 

17 (ii) running southeasterly about 15.00 

18 feet to a point N. 2950487.87, E. 

19 785541.26; 

20 (iii) running southwesterly about 

21 2342.58 feet to a point N. 2950422.32, E. 

22 783199.60; 

23 (iv) running southeasterly about 8.00 

24 feet to a point N. 2950414.32, E. 

25 783199.83; 


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1 (v) running southwesterly about 

2 1339.12 feet to a point N. 2950376.85, E. 

3 781861.23; 

4 (vi) running northwesterly about 

5 23.00 feet to a point N. 2950399.84, E. 

6 781860.59; and 

7 (vii) running northeasterly about 

8 3681.70 feet to the point described in 

9 clause (i). 

10 SEC. 2109. PROJECT DEAUTHORIZATION AND STUDY EX11 TENSIONS. 

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

13 of the Water Resources Reform and Development Act of 

14 2014 (33 U.S.C. 579c(a)) is amended— 

15 (1) by striking ‘‘7-year period’’ each place it ap16 pears and inserting ‘‘10-year period’’; and 

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

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

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

20 include any period of time during which the project 

21 is being reviewed and awaiting a decision by the Sec22 retary on a locally preferred plan for that project 

23 under section 1036(a). 


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1 ‘‘(4) EXCEPTION.—The Secretary shall not de2 authorize any project during the period described in 

3 paragraph (3).’’. 

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

5 Water Resources Reform and Development Act of 2014 

6 (33 U.S.C. 2282c(d)(4)) is amended by striking ‘‘7 years’’ 

7 and inserting ‘‘10 years’’. 

8 SEC. 2110. DEAUTHORIZATION OF INACTIVE STUDIES. 

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

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

11 studies for water resources development projects 

12 that have been authorized but are no longer viable 

13 due to— 

14 (A) a lack of local support; 

15 (B) a lack of available Federal or non-Fed16 eral resources; or 

17 (C) an authorizing purpose that is no 

18 longer relevant; 

19 (2) to create an expedited and definitive process 

20 for Congress to deauthorize feasibility studies for 

21 water resources development projects that are no 

22 longer viable; and 

23 (3) to allow the continued authorization of fea24 sibility studies for water resources development 

25 projects that are viable. 


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1 (b) INTERIM DEAUTHORIZATION LIST.— 

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

3 an interim deauthorization list that identifies each 

4 feasibility study for a water resources development 

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

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

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

8 of enactment of this Act; and 

9 (B) for which no Federal funds have been 

10 made available during the 10-year period pre11 ceding the date of enactment of this Act. 

12 (2) PUBLIC COMMENT AND CONSULTATION.— 

13 (A) IN GENERAL.—The Secretary shall so14 licit comments from the public and from the 

15 Governor of each applicable State on the in16 terim deauthorization list developed under para17 graph (1). 

18 (B) COMMENT PERIOD.—The comment pe19 riod shall be 90 days. 

20 (3) SUBMISSION TO CONGRESS; PUBLICA21 TION.—Not later than 90 days after the date of the 

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

23 the Secretary shall— 

24 (A) submit a revised interim deauthoriza25 tion list to the Committee on Environment and 


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1 Public Works of the Senate and the Committee 

2 on Transportation and Infrastructure of the 

3 House of Representatives; and 

4 (B) publish the revised interim deauthor5 ization list in the Federal Register. 

6 (c) FINAL DEAUTHORIZATION LIST.— 

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

8 a final deauthorization list of feasibility studies from 

9 the revised interim deauthorization list described in 

10 subsection (b)(3). 

11 (2) DEAUTHORIZATION AMOUNT.— 

12 (A) PROPOSED FINAL LIST.—The Sec13 retary shall prepare a proposed final deauthor14 ization list of feasibility studies that have, in 

15 the aggregate, an estimated Federal cost to 

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

17 (B) DETERMINATION OF FEDERAL COST

18 TO COMPLETE.—For purposes of subparagraph 

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

20 account any allowances authorized by section 

21 902 of the Water Resources Development Act 

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

23 most recent study schedule and cost estimate. 

24 (3) IDENTIFICATION OF STUDIES.— 

25 (A) SEQUENCING OF STUDIES.— 


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1 (i) IN GENERAL.—Except as provided 

2 in clause (ii), the Secretary shall identify 

3 feasibility studies for inclusion on the pro4 posed final deauthorization list according 

5 to the order in which the feasibility studies 

6 were authorized, beginning with the ear7 liest authorized feasibility study and end8 ing with the latest feasibility study nec9 essary to meet the aggregate amount 

10 under paragraph (2)(A). 

11 (ii) FACTORS TO CONSIDER.—The 

12 Secretary may identify feasibility studies in 

13 an order other than that established by 

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

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

16 is critical for interests of the United 

17 States, based on the possible impact of the 

18 project that is the subject of the feasibility 

19 study on public health and safety, the na20 tional economy, or the environment. 

21 (iii) CONSIDERATION OF PUBLIC COM22 MENTS.—In making determinations under 

23 clause (ii), the Secretary shall consider any 

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


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1 (B) APPENDIX.—The Secretary shall in2 clude as part of the proposed final deauthoriza3 tion list an appendix that— 

4 (i) identifies each feasibility study on 

5 the interim deauthorization list developed 

6 under subsection (b) that is not included 

7 on the proposed final deauthorization list; 

8 and 

9 (ii) describes the reasons why the fea10 sibility study is not included on the pro11 posed final list. 

12 (4) PUBLIC COMMENT AND CONSULTATION.— 

13 (A) IN GENERAL.—The Secretary shall so14 licit comments from the public and the Gov15 ernor of each applicable State on the proposed 

16 final deauthorization list and appendix devel17 oped under paragraphs (2) and (3). 

18 (B) COMMENT PERIOD.—The public com19 ment period shall be 90 days. 

20 (5) SUBMISSION OF FINAL LIST TO CONGRESS; 

21 PUBLICATION.—Not later than 120 days after the 

22 date of the close of the comment period under para23 graph (4), the Secretary shall— 

24 (A) submit a final deauthorization list and 

25 an appendix to the final deauthorization list in 


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1 a report to the Committee on Environment and 

2 Public Works of the Senate and the Committee 

3 on Transportation and Infrastructure of the 

4 House of Representatives; and 

5 (B) publish the final deauthorization list 

6 and the appendix to the final deauthorization 

7 list in the Federal Register. 

8 (d) DEAUTHORIZATION; CONGRESSIONAL REVIEW.— 

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

10 180-day period beginning on the date of submission 

11 of the final deauthorization list and appendix under 

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

13 final deauthorization list shall be deauthorized, un14 less Congress passes a joint resolution disapproving 

15 the final deauthorization list prior to the end of that 

16 period. 

17 (2) NON-FEDERAL CONTRIBUTIONS.— 

18 (A) IN GENERAL.—A feasibility study 

19 identified in the final deauthorization list under 

20 subsection (c) shall not be deauthorized under 

21 this subsection if, before the expiration of the 

22 180-day period referred to in paragraph (1), 

23 the non-Federal interest for the feasibility study 

24 provides sufficient funds to complete the feasi25 bility study. 


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1 (B) TREATMENT OF STUDIES.—Notwith2 standing subparagraph (A), each feasibility 

3 study identified in the final deauthorization list 

4 shall be treated as deauthorized for purposes of 

5 the aggregate deauthorization amount described 

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

7 (3) FEASIBILITY STUDIES IDENTIFIED IN AP8 PENDIX.—A feasibility study identified in the appen9 dix to the final deauthorization list shall remain sub10 ject to future deauthorization by Congress. 

11 Subtitle C—Water Resources 

12 Infrastructure 

13 SEC. 2201. PROJECT AUTHORIZATIONS. 

14 The following projects for water resources develop15 ment and conservation and other purposes, as identified 

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

17 Water Resources Development’’ submitted to Congress in 

18 March 2017, pursuant to section 7001 of the Water Re19 sources Reform and Development Act of 2014 (33 U.S.C. 

20 2282d) or otherwise reviewed by Congress, are authorized 

21 to be carried out by the Secretary substantially in accord22 ance with the plans, and subject to the conditions, de23 scribed in the respective reports designated in this section: 


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1 (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 

2 (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 

3 (3) HURRICANE AND STORM DAMAGE RISK RE4 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 


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A. State B. Name 

C. Date of 

Report of 

Chief of 

Engineers 

D. Estimated Initial 

Costs and 

Estimated Renourishment Costs 

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 

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

2 MASSACHUSETTS. 

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

4 the status of— 

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

6 (2) the project for flood damage reduction and 

7 environmental restoration, Muddy River, Brookline 

8 and Boston, Massachusetts, authorized by section 

9 522 of the Water Resources Development Act of 

10 2000 (114 Stat. 2656). 

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

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

13 Congress a report describing the results of the study under 

14 subsection (a). 

15 (c) REQUIREMENTS.—The report under subsection 

16 (b) shall include— 


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

2 for deauthorizing the projects described in sub3 section (a); and 

4 (2) if practicable, a description of conditions 

5 needed by the Secretary for the Secretary to reau6 thorize the projects described in subsection (a). 

7 SEC. 2203. ENVIRONMENTAL INFRASTRUCTURE PROJECTS. 

8 Section 219 of the Water Resources Development Act 

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

10 2763A–219, 121 Stat. 1242, 121 Stat. 1261) is amend11 ed— 

12 (1) in subsection (f)— 

13 (A) in paragraph (25)— 

14 (i) by striking ‘‘$60,000,000’’ and in15 serting ‘‘$90,000,000’’; 

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

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

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

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

20 ‘‘$35,000,000’’ and inserting ‘‘$70,000,000’’; 

21 and 

22 (C) by striking paragraph (121) and in23 serting the following: 


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

2 $16,000,000 for wastewater infrastructure, Char3 lotte County, Florida.’’; and 

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

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

6 The Secretary shall consider and complete an assessment 

7 of the following projects: 

8 ‘‘(1) MACOMB COUNTY, MICHIGAN.—The 

9 project for wastewater infrastructure, Macomb 

10 County, Michigan. 

11 ‘‘(2) MILWAUKEE AND SHOREWOOD, WIS12 CONSIN.—The project for wastewater infrastructure, 

13 Milwaukee and Shorewood, Wisconsin.’’. 

14 SEC. 2204. CONDITIONAL REAUTHORIZATION OF ENVIRON15 MENTAL PROJECTS. 

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

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

18 through 2021, if the Secretary receives from the project 

19 sponsor a written request for the authorization by not 

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

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

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

23 (1) is an environmental project, as determined 

24 by the Chief of Engineers; 


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

2 Resources Development Act of 1992 (106 Stat. 

3 4835; 113 Stat. 334); and 

4 (3) was authorized— 

5 (A) pursuant to an amendment to that sec6 tion made by section 5158 of the Water Re7 sources Development Act of 2007 (121 Stat. 

8 1258); and 

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

10 $2,000,000 for improvements to water related 

11 infrastructure. 

12 SEC. 2205. SENSE OF CONGRESS RELATING TO WEST 

13 HAVEN, CONNECTICUT. 

14 It is the sense of Congress that, to the maximum ex15 tent practicable, the Secretary should prioritize the project 

16 for storm damage reduction, West Haven, Connecticut, 

17 authorized by section 101 of the River and Harbor Act 

18 of 1954 (68 Stat. 1254) and section 3 of the Act of Au19 gust 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 

20 426g). 

21 SEC. 2206. SENSE OF CONGRESS RELATING TO COASTAL 

22 TEXAS STUDY. 

23 It is the sense of Congress that the Secretary should 

24 expedite the completion of projects for flood damage re25 duction, hurricane and storm damage reduction, and ecoVerDate Sep 11 2014 23:04 May 22, 2018 Jkt 079200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6401 E:\BILLS\S2800.RS S2800

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1 system restoration in the coastal areas of Texas that are 

2 identified in the interim report due to be published in 

3 2018 that describes the tentatively selected plan developed 

4 in accordance with section 4091 of the Water Resources 

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

6 Subtitle D—Expedited and 

7 Modified Studies and Projects 

8 SEC. 2301. RAHWAY RIVER BASIN FLOOD RISK MANAGE9 MENT PROJECT. 

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

11 Water Infrastructure Improvements for the Nation Act 

12 (130 Stat. 1707), the Secretary shall expedite completion 

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

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

15 determines that the project is justified in the completed 

16 report, proceed directly to project preconstruction, engi17 neering, and design in accordance with section 910 of the 

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

19 2287). 

20 SEC. 2302. HUDSON-RARITAN ESTUARY COMPREHENSIVE 

21 RESTORATION PROJECT. 

22 The Secretary shall expedite the completion of the 

23 Hudson-Raritan Estuary Comprehensive Restoration 

24 Project— 

25 (1) in a timely manner; and 


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

2 the Water Infrastructure Improvements for the Na3 tion Act (130 Stat. 1707). 

4 SEC. 2303. CERTAIN PROJECTS IN RHODE ISLAND. 

5 The Secretary shall adhere to the proposed schedules 

6 and avoid delays to the extent practicable with respect 

7 to— 

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

9 Rhode Island, authorized by the first section of the 

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

11 and section 301 of the River and Harbor Act of 

12 1965 (79 Stat. 1089); 

13 (2) the feasibility study for the project for 

14 coastal storm risk management, Pawcatuck River, 

15 Rhode Island, authorized in the matter under the 

16 heading ‘‘INVESTIGATIONS’’ under the heading 

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

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

19 division A of the Disaster Relief Appropriations Act, 

20 2013 (Public Law 113–2; 127 Stat. 23); and 

21 (3) the Rhode Island historical structure flood 

22 hazard vulnerability assessment. 

23 SEC. 2304. CEDAR RIVER, IOWA. 

24 The Secretary shall expedite the project for flood risk 

25 management at Cedar River, Cedar Rapids, Iowa, authorVerDate Sep 11 2014 23:04 May 22, 2018 Jkt 079200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6401 E:\BILLS\S2800.RS S2800

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1 ized by section 7002(2) of the Water Resources Reform 

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

3 SEC. 2305. PLYMOUTH HARBOR, MASSACHUSETTS. 

4 The Secretary shall expedite and complete the dredg5 ing of Plymouth Harbor, Massachusetts, as authorized by 

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

7 and the Act of September 22, 1922 (42 Stat. 1038, chap8 ter 427), not later than December 31, 2019. 

9 SEC. 2306. BRANDON ROAD STUDY. 

10 The Secretary shall complete a final feasibility report 

11 for the Great Lakes Mississippi River Interbasin Study 

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

13 of the Water Resources Development Act of 2007 (121 

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

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

16 February 2019. 

17 SEC. 2307. CENTRAL EVERGLADES PLANNING PROJECT. 

18 The Secretary shall expedite construction of a res19 ervoir south of Lake Okeechobee as part of the project 

20 for ecosystem restoration in the central Everglades au21 thorized by section 1401(4) of the Water Infrastructure 

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

23 SEC. 2308. PORTSMOUTH HARBOR AND PISCATAQUA RIVER. 

24 The Secretary shall expedite the project for naviga25 tion for Portsmouth Harbor and the Piscataqua River auVerDate Sep 11 2014 23:04 May 22, 2018 Jkt 079200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6401 E:\BILLS\S2800.RS S2800

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1 thorized by section 101 of the River and Harbor Act of 

2 1962 (76 Stat. 1173). 

3 SEC. 2309. BLAIN ROAD FOOTBRIDGE, THOMPSON, CON4 NECTICUT. 

5 The Secretary shall proceed with the review of design 

6 plans for the Blain Road footbridge over West Thompson 

7 Lake, Thompson, Connecticut. 

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

9 The Secretary shall comply with section 1185 of the 

10 Water Infrastructure Improvements for the Nation Act 

11 (130 Stat. 1680) with respect to the Table Rock Lake 

12 Master Plan and Table Rock Lake Shoreline Management 

13 Plan. 

14 SEC. 2311. MCCOOK RESERVOIR, ILLINOIS. 

15 The Secretary shall consider the project for flood con16 trol at McCook Reservoir, Illinois, authorized by section 

17 3(a)(5) of the Water Resources Development Act of 1988 

18 (102 Stat. 4013; 110 Stat. 3716), a priority for the non19 Federal project implementation pilot project under section 

20 1043(b) of the Water Resources Reform and Development 

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

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

23 The Secretary shall expedite the review for the study 

24 for navigation and channel deepening, Baptiste Collette 


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1 Bayou, Louisiana, under section 203 of the Water Re2 sources Development Act of 1986 (33 U.S.C. 2231). 

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

4 The Secretary shall expedite completion of the project 

5 for hurricane and storm damage risk reduction, Morganza 

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

7 the Water Resources Reform and Development Act of 

8 2014 (128 Stat. 1368). 

9 SEC. 2314. LOUISIANA COASTAL AREA. 

10 The Secretary shall expedite completion of the project 

11 for environmental restoration, Louisiana Coastal Area, 

12 Louisiana, authorized by section 7002(5) of the Water Re13 sources Reform and Development Act of 2014 (128 Stat. 

14 1370). 

15 SEC. 2315. LOUISIANA COASTAL AREA–BARATARIA BASIN 

16 BARRIER. 

17 The Secretary shall expedite completion of the project 

18 for environmental restoration, Louisiana Coastal Area– 

19 Barataria Basin Barrier, Louisiana, authorized by section 

20 7002(5) of the Water Resources Reform and Development 

21 Act of 2014 (128 Stat. 1370). 

22 SEC. 2316. WEST SHORE LAKE PONTCHARTRAIN, LOU23 ISIANA. 

24 The Secretary shall expedite completion of the project 

25 for hurricane and storm damage risk reduction, West 


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1 Shore Lake Pontchartrain, Louisiana, authorized by sec2 tion 1401(3) of the Water Infrastructure Improvements 

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

4 SEC. 2317. SOUTHWEST COASTAL LOUISIANA. 

5 The Secretary shall expedite completion of the project 

6 for hurricane and storm damage risk reduction and eco7 system restoration, Southwest Coastal Louisiana, Lou8 isiana, authorized by section 1401(8) of the Water Infra9 structure Improvements for the Nation Act (130 Stat. 

10 1715). 

11 SEC. 2318. NEW YORK–NEW JERSEY HARBOR AND TRIBU12 TARIES FEASIBILITY STUDY. 

13 Not later than 90 days after the date of enactment 

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

15 New Jersey Harbor and Tributaries Focus Area Feasi16 bility Study authorized by the first section of the Act of 

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

18 SEC. 2319. LOWER BRULE SHORELINE STABILIZATION 

19 PROJECT. 

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

21 project for shoreline stabilization on the Lower Brule Res22 ervation, South Dakota, pursuant to section 203 of the 

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

24 2269). 


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

2 of each separable element of the project described in sub3 section (a) may not exceed $10,000,000. 

4 SEC. 2320. HAMPTON HARBOR, NEW HAMPSHIRE, NAVIGA5 TION IMPROVEMENT PROJECT. 

6 In carrying out the project for navigation, Hampton 

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

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

9 shall use all existing authorities of the Secretary to miti10 gate severe shoaling. 

11 SEC. 2321. NEW JERSEY AND DELAWARE BACK BAYS COAST12 AL STORM RISK MANAGEMENT. 

13 Notwithstanding section 1001(a)(1) of the Water Re14 sources Reform and Development Act of 2014 (33 U.S.C. 

15 2282c(a)(1)), the final feasibility report for coastal storm 

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

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

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

19 project. 

20 SEC. 2322. MINNESOTA LOCKS AND DAMS DIVESTMENT 

21 STUDY. 

22 (a) EXPEDITED COMPLETION.—The Secretary shall 

23 expedite completion of the study with respect to the dives24 titure of the locks and dams of the Secretary in Minnesota 

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


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1 (b) PARTIAL DIVESTITURE.—The Secretary shall in2 clude in the report describing the result of the study de3 scribed in subsection (a) an examination of— 

4 (1) the possibility of the partial divestiture of 

5 the Secretary from the locks and dams described in 

6 that subsection; and 

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

8 and dams. 

9 TITLE III—PRIMARY CORPS OF 

10 ENGINEERS ACTIVITIES 

11 Subtitle A—Continuing Authorities 

12 Programs 

13 SEC. 3001. CORPS OF ENGINEERS CONTINUING AUTHORI14 TIES PROGRAM. 

15 (a) STORM AND HURRICANE RESTORATION AND IM16 PACT MINIMIZATION PROGRAM.—Section 3(c) of the Act 

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

18 U.S.C. 426g(c)) is amended— 

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

20 ‘‘$30,000,000’’ and inserting ‘‘$45,000,000’’; and 

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

22 ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. 

23 (b) SMALL RIVER AND HARBOR IMPROVEMENT

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

25 1960 (33 U.S.C. 577) is amended— 


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

2 ‘‘$50,000,000’’ and inserting ‘‘$62,500,000’’; and 

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

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

5 (c) SHORE DAMAGE PREVENTION OR MITIGATION.— 

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

7 U.S.C. 426i) is amended— 

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

9 and inserting ‘‘$15,000,000’’; and 

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

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

12 of appropriations, in the case of a project under this sec13 tion that, on the date of enactment of the America’s Water 

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

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

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

17 lesser of— 

18 ‘‘(1) 50 percent of the authorized amount; and 

19 ‘‘(2) $5,000,000.’’. 

20 (d) REGIONAL SEDIMENT MANAGEMENT.—Section 

21 204 of the Water Resources Development Act of 1992 (33 

22 U.S.C. 2326) is amended— 

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

24 ‘‘$10,000,000’’ and inserting ‘‘$12,500,000’’; and 


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

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

3 ‘‘$62,500,000’’. 

4 (e) SMALL FLOOD CONTROL PROJECTS.—Section 

5 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) 

6 is amended— 

7 (1) in the first sentence, by striking 

8 ‘‘$55,000,000’’ and inserting ‘‘$82,500,000’’; and 

9 (2) in the third sentence, by striking 

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

11 (f) AQUATIC ECOSYSTEM RESTORATION.—Section 

12 206 of the Water Resources Development Act of 1996 (33 

13 U.S.C. 2330) is amended— 

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

15 following: 

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

17 under this section, the Secretary shall carry out— 

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

19 a population of 80,000 or less; and 

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

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

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

23 ‘‘$10,000,000’’ and inserting ‘‘$12,500,000’’; and 

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

25 and inserting ‘‘$62,500,000’’. 


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1 (g) PROJECT MODIFICATIONS FOR IMPROVEMENT OF

2 ENVIRONMENT.— 

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

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

5 2309a) is amended— 

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

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

8 ‘‘$15,000,000’’; 

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

10 ‘‘$40,000,000’’ and inserting ‘‘$60,000,000’’; 

11 (C) by redesignating subsections (h) and 

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

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

14 following: 

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

16 carrying out activities under this section in the Upper Mis17 souri River Basin, the Secretary shall give priority to 

18 projects within that area that restore degraded ecosystems 

19 through modification of existing flood risk management 

20 projects.’’. 

21 (2) CONFORMING AMENDMENT.—Section 

22 4014(c)(1) of the Water Resources Reform and De23 velopment Act of 2014 (33 U.S.C. 2803a(c)(1)) is 

24 amended by striking subparagraph (B) and inserting 

25 the following: 


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

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

3 SEC. 3002. SENSE OF CONGRESS RELATING TO CON4 TINUING AUTHORITIES PROGRAM. 

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

6 there should be made available to the Secretary the full 

7 amount of appropriations to carry out the continuing au8 thorities program, which consists of— 

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

10 (33 U.S.C. 701r); 

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

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

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

14 1960 (33 U.S.C. 577); 

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

16 1968 (33 U.S.C. 426i); 

17 (5) section 204 of the Water Resources Devel18 opment Act of 1992 (33 U.S.C. 2326); 

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

20 1948 (33 U.S.C. 701s); 

21 (7) section 206 of the Water Resources Devel22 opment Act of 1996 (33 U.S.C. 2330); 

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

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


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1 (9) section 1135 of the Water Resources Devel2 opment Act of 1986 (33 U.S.C. 2309a). 

3 SEC. 3003. REPORT RELATING TO AVAILABILITY OF 

4 PRIORITIZED CAP PROJECTS. 

5 As soon as practicable after the date of enactment 

6 of this Act, the Secretary shall publish in the Federal Reg7 ister and on a publicly available website the prioritization 

8 criteria and the annual report required under paragraphs 

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

10 Resources Reform and Development Act of 2014 (33 

11 U.S.C. 400). 

12 Subtitle B—Navigation 

13 PART I—INLAND WATERWAYS 

14 SEC. 3101. GAO STUDY ON NAVIGATION AND ECOSYSTEM 

15 SUSTAINABILITY PROGRAM. 

16 Not later than 1 year after the date of enactment 

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

18 shall— 

19 (1) complete a study on the implementation of 

20 the navigation and ecosystem sustainability program 

21 under title VIII of the Water Resources Develop22 ment Act of 2007 (33 U.S.C. 652 note; Public Law 

23 110–114); and 

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

25 of the study under paragraph (1), including a deVerDate Sep 11 2014 23:04 May 22, 2018 Jkt 079200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6401 E:\BILLS\S2800.RS S2800

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1 scription of the obstacles that must be removed to 

2 implement the program expeditiously. 

3 PART II—PORTS AND HARBORS 

4 SEC. 3111. AUTHORIZATION OF APPROPRIATIONS FOR PUR5 CHASE OF HOPPER DREDGE. 

6 (a) IN GENERAL.—There is authorized to be appro7 priated to the Secretary $150,000,000 for the purchase 

8 of a hopper dredge. 

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

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

11 primarily in areas that have been consistently damaged 

12 by extreme weather events. 

13 SEC. 3112. AUTHORIZATION OF APPROPRIATIONS FOR PUR14 CHASE OF MAT SINKING UNIT. 

15 There is authorized to be appropriated to the Sec16 retary $125,000,000 for the purchase of a mat sinking 

17 unit. 

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

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

20 least cost alternative for purchasing a hopper dredge and 

21 mat sinking unit, the Corps of Engineers should consider 

22 entering into a lease to purchase. 


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1 SEC. 3114. SENSE OF CONGRESS RELATING TO KENNEBEC 

2 RIVER FEDERAL NAVIGATION CHANNEL. 

3 It is the sense of Congress that periodic maintenance 

4 dredging of the Federal navigation channel in the Ken5 nebec River, Maine, should be prioritized, based on a joint 

6 plan developed by the Secretary and the Secretary of the 

7 Navy. 

8 SEC. 3115. SENSE OF CONGRESS RELATING TO WIL9 MINGTON HARBOR DREDGING. 

10 It is the sense of Congress that the Secretary should 

11 prioritize annual dredging for Wilmington Harbor, Dela12 ware. 

13 SEC. 3116. PORT OF ARLINGTON. 

14 The Secretary shall reimburse the Port of Arlington, 

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

16 costs incurred by the Port of Arlington for construction 

17 and other expenses for the project described in the matter 

18 under the heading ‘‘REGULATORY PROGRAM’’ under the 

19 heading ‘‘CORPS OF ENGINEERS—CIVIL’’ under the head20 ing ‘‘DEPARTMENT OF THE ARMY’’ under the head21 ing of ‘‘DEPARTMENT OF DEFENSE—CIVIL’’ in 

22 title I of division C of the Omnibus Appropriations Act, 

23 2009 (Public Law 111–8; 123 Stat. 604), as authorized 

24 under that provision. 


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1 SEC. 3117. PEARL RIVER BASIN DEMONSTRATION PRO2 GRAM. 

3 (a) DEFINITION OF ENVIRONMENTAL IMPACT

4 STATEMENT.—In this section, the term ‘‘environmental 

5 impact statement’’ means the detailed written statement 

6 required under section 102(2)(C) of the National Environ7 mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 

8 (b) DEMONSTRATION PROGRAM.—The Secretary 

9 shall establish a demonstration program to allow a project 

10 authorized by section 211 of the Water Resources Devel11 opment Act of 1996 (33 U.S.C. 701b–13) (as in effect 

12 on the day before the date of enactment of the Water Re13 sources Reform and Development Act of 2014 (128 Stat. 

14 1193)) to begin preliminary engineering and design after 

15 the completion of a feasibility study and an environmental 

16 impact statement for the project. 

17 (c) REQUIREMENTS.—For each project authorized to 

18 begin preliminary engineering and design under subsection 

19 (b)— 

20 (1) the project shall conform to the feasibility 

21 study approved by the headquarters office of the 

22 Corps of Engineers and the environmental impact 

23 statement for the project; and 

24 (2) the Secretary and the non-Federal sponsor 

25 shall jointly agree to the construction design of the 

26 project. 


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1 (d) REPAYMENT.—If a project authorized to begin 

2 preliminary engineering and design under subsection (b) 

3 does not receive a favorable final decision document, the 

4 non-Federal sponsor of the project shall repay any funds 

5 provided under this section for the project. 

6 (e) SUNSET.—The authority to carry out the dem7 onstration program under this section shall terminate on 

8 the date that is 5 years after the date of enactment of 

9 this Act. 

10 SEC. 3118. EXPEDITED INITIATION. 

11 Section 1322(b)(2) of the Water Infrastructure Im12 provements for the Nation Act (130 Stat. 1707) is amend13 ed in the matter preceding subparagraph (A) by striking 

14 ‘‘if the Secretary’’ and all that follows through ‘‘2287)’’ 

15 and inserting ‘‘once the general reevaluation report for the 

16 project has been submitted for approval, shall immediately 

17 initiate preconstruction engineering and design for the 

18 project’’. 

19 PART III—MISCELLANEOUS PROVISIONS 

20 SEC. 3121. REPORT ON DEBRIS REMOVAL. 

21 Not later than 180 days after the date of enactment 

22 of this Act, the Secretary shall submit to Congress and 

23 make publicly available a report that describes— 


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1 (1) the extent to which the Secretary has car2 ried out section 3 of the Act of March 2, 1945 (59 

3 Stat. 23, chapter 19; 33 U.S.C. 603a); 

4 (2) how the Secretary has evaluated potential 

5 projects to be carried out under that section; and 

6 (3) recommendations for the establishment of a 

7 pilot program to improve the implementation of that 

8 section. 

9 SEC. 3122. CAPE ARUNDEL DISPOSAL SITE, MAINE. 

10 Section 113 of the Energy and Water Development 

11 and Related Agencies Appropriations Act, 2014 (Public 

12 Law 113–76; 128 Stat. 158) is amended by striking ‘‘for 

13 5 years after the date of enactment of this Act’’ and in14 serting ‘‘until December 31, 2021’’. 

15 SEC. 3123. DELAWARE RIVER NAVIGATION PROJECT. 

16 Section 1131(3) of the Water Resources Development 

17 Act of 1986 (100 Stat. 4246) is amended by striking ‘‘ten 

18 feet’’ and inserting ‘‘35 feet’’. 

19 SEC. 3124. SENSE OF CONGRESS RELATING TO EROSION ON 

20 THE BANKS OF THE OHIO RIVER NEAR 

21 CLARKSVILLE, INDIANA. 

22 It is the sense of Congress that the Secretary should 

23 use the authority provided to the Secretary under section 

24 9 of the Flood Control Act of 1946 (60 Stat. 643, chapter 


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1 596) to address erosion issues on the Ohio River near 

2 Clarksville, Indiana. 

3 Subtitle C—Locks, Dams, Levees, 

4 and Dikes 

5 SEC. 3201. CERTAIN LEVEE IMPROVEMENTS. 

6 (a) IN GENERAL.—In the case of a levee described 

7 in subsection (b), the Secretary is encouraged to cooperate 

8 to the maximum extent practicable with non-Federal spon9 sors to implement necessary improvements to the levee. 

10 (b) LEVEES DESCRIBED.—A levee referred to in sub11 section (a) is a levee that is— 

12 (1) owned, operated, and maintained by the 

13 Secretary; and 

14 (2) hydraulically tied to a community-owned 

15 levee that is not accredited by the Federal Emer16 gency Management Agency in accordance with sec17 tion 65.10 of title 44, Code of Federal Regulations 

18 (or successor regulations). 

19 SEC. 3202. REHABILITATION OF CORPS OF ENGINEERS 

20 CONSTRUCTED DAMS. 

21 Section 1177 of the Water Infrastructure Improve22 ments for the Nation Act (33 U.S.C. 467f–2 note; Public 

23 Law 114–322) is amended— 

24 (1) in subsection (e), by striking ‘‘$10,000,000’’ 

25 and inserting ‘‘$40,000,000’’; and 


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1 (2) in subsection (f), by striking ‘‘$10,000,000’’ 

2 and inserting ‘‘$40,000,000’’. 

3 SEC. 3203. NON-FEDERAL DAMS. 

4 The Secretary may accept and expend funds from an 

5 owner of a non-Federal dam for the review and revision 

6 of water operations manuals and flood control curves if 

7 the Secretary regulates the non-Federal facilities associ8 ated with the non-Federal dam under section 7 of the Act 

9 of December 22, 1944 (commonly known as the ‘‘Flood 

10 Control Act of 1944’’) (58 Stat. 890, chapter 665; 33 

11 U.S.C. 709). 

12 SEC. 3204. REAUTHORIZATION OF NATIONAL DAM SAFETY 

13 PROGRAM ACT. 

14 Section 14 of the National Dam Safety Program Act 

15 (33 U.S.C. 467j) is amended by striking ‘‘for each of fiscal 

16 years 2015 through 2019’’ each place it appears and in17 serting ‘‘for each of fiscal years 2015 through 2021’’. 

18 SEC. 3205. SENSE OF CONGRESS RELATING TO IMPLEMEN19 TATION GUIDANCE FOR DAM SAFETY REPAIR 

20 PROJECTS. 

21 It is the sense of Congress that the Secretary should 

22 expeditiously issue guidance as required under section 

23 1139 of the Water Infrastructure Improvements for the 

24 Nation Act (33 U.S.C. 467n note; Public Law 114–322). 


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1 SEC. 3206. REAUTHORIZATION OF NATIONAL LEVEE SAFE2 TY PROGRAM. 

3 (a) LEVEE SAFETY INITIATIVE.—Section 9005 of the 

4 Water Resources Development Act of 2007 (33 U.S.C. 

5 3303a) is amended— 

6 (1) in subsection (c), by adding at the end the 

7 following: 

8 ‘‘(6) UPDATES.—Not later than 1 year after 

9 the date of enactment of the America’s Water Infra10 structure Act of 2018, the Secretary shall update 

11 the guidelines issued under paragraph (1) in accord12 ance with this subsection.’’; 

13 (2) in subsection (g)— 

14 (A) in paragraph (1), by adding at the end 

15 the following: 

16 ‘‘(D) UPDATE.—Not later than 1 year 

17 after the date of enactment of the America’s 

18 Water Infrastructure Act of 2018, the Sec19 retary shall update the guidelines issued under 

20 subparagraph (A) in accordance with this para21 graph.’’; and 

22 (B) in paragraph (2)(E)(i), by striking 

23 ‘‘for each of fiscal years 2015 through 2019’’ 

24 and inserting ‘‘for each of fiscal years 2015 

25 through 2021’’; and 


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1 (3) in subsection (h)(3), by adding at the end 

2 the following: 

3 ‘‘(F) UPDATE.—Not later than 1 year 

4 after the date of enactment of the America’s 

5 Water Infrastructure Act of 2018, the Sec6 retary shall update the guidelines issued under 

7 subparagraph (D).’’. 

8 (b) REPORTS.—Section 9006 of the Water Resources 

9 Development Act of 2007 (33 U.S.C. 3303b) is amend10 ed— 

11 (1) in subsection (b), by inserting ‘‘, and not 

12 later than 1 year after the date of enactment of the 

13 America’s Water Infrastructure Act of 2018,’’ after 

14 ‘‘this subsection,’’; 

15 (2) in subsection (c), in the matter preceding 

16 paragraph (1), by inserting ‘‘, and not later than 1 

17 year after the date of enactment of the America’s 

18 Water Infrastructure Act of 2018,’’ after ‘‘Water 

19 Resources Development Act of 2016,’’; and 

20 (3) in subsection (d), in the matter preceding 

21 paragraph (1), by inserting ‘‘, and not later than 1 

22 year after the date of enactment of the America’s 

23 Water Infrastructure Act of 2018,’’ after ‘‘Water 

24 Resources Development Act of 2016,’’. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 9008 of the Water Resources Development Act of 2007 

3 (33 U.S.C. 3305) is amended— 

4 (1) in the matter preceding paragraph (1), by 

5 striking ‘‘is’’ and inserting ‘‘are’’; and 

6 (2) by striking ‘‘for each of fiscal years 2015 

7 through 2019’’ each place it appears and inserting 

8 ‘‘for each of fiscal years 2015 through 2021’’. 

9 SEC. 3207. REAUTHORIZATION OF LOCK OPERATIONS 

10 PILOT PROGRAM. 

11 Section 1017(f) of the Water Resources Reform and 

12 Development Act of 2014 (33 U.S.C. 2212 note; Public 

13 Law 113–121) is amended by striking ‘‘5 years’’ and in14 serting ‘‘10 years’’. 

15 SEC. 3208. RESTRICTED AREAS AT CORPS OF ENGINEERS 

16 DAMS. 

17 Section 2 of the Freedom to Fish Act (Public Law 

18 113–13; 127 Stat. 449, 128 Stat. 1271) is amended by 

19 striking ‘‘4 years after the date of enactment of the Water 

20 Resources Reform and Development Act of 2014’’ each 

21 place it appears and inserting ‘‘5 years after the date of 

22 enactment of the America’s Water Infrastructure Act of 

23 2018’’. 


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1 SEC. 3209. CERTAIN BUREAU OF RECLAMATION DIKES. 

2 (a) IN GENERAL.—Notwithstanding any other provi3 sion of law (including regulations), effective beginning on 

4 the date of enactment of this Act, the Federal share of 

5 the operations and maintenance costs of a dike described 

6 in subsection (b) shall be 100 percent. 

7 (b) DESCRIPTION OF DIKES.—A dike referred to in 

8 subsection (a) is a dike— 

9 (1) that is owned by the Bureau of Reclamation 

10 on the date of enactment of this Act; 

11 (2) the construction of which was completed not 

12 later than December 31, 1945; and 

13 (3) a corrective action study for which was com14 pleted not later than December 31, 2015. 

15 SEC. 3210. REHABILITATION OF HIGH-HAZARD POTENTIAL 

16 DAMS. 

17 Section 8A of the National Dam Safety Program Act 

18 (33 U.S.C. 467f–2) is amended by striking subsection (e) 

19 and inserting the following: 

20 ‘‘(e) EMERGENCY ACTION PLANS.— 

21 ‘‘(1) IN GENERAL.—As a condition of receipt of 

22 assistance under this section, the non-Federal spon23 sor shall demonstrate that an emergency action plan 

24 is in place to protect the safety of persons and prop25 erty in the area potentially affected by a breach of 

26 the dam. 


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1 ‘‘(2) INCLUSIONS.—An emergency action plan 

2 under paragraph (1) shall address— 

3 ‘‘(A) incident detection, evaluation, and 

4 emergency level determination; 

5 ‘‘(B) notification and communication; 

6 ‘‘(C) emergency actions; 

7 ‘‘(D) termination and follow-up; and 

8 ‘‘(E) public education and awareness of 

9 the emergency action plan.’’. 

10 SEC. 3211. MAINTENANCE OF HIGH RISK FLOOD CONTROL 

11 PROJECTS. 

12 In any case in which the Secretary has assumed, as 

13 of the date of enactment of this Act, responsibility for the 

14 maintenance of a project classified as class III under the 

15 Dam Safety Action Classification of the Corps of Engi16 neers, the Secretary shall continue to be responsible for 

17 the maintenance of that project until the earlier of— 

18 (1) the date on which the project is modified to 

19 reduce that risk and the Secretary determines that 

20 the project is no longer classified as class III under 

21 the Dam Safety Action Classification of the Corps of 

22 Engineers; and 

23 (2) the date that is 15 years after the date of 

24 enactment of this Act. 


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1 Subtitle D—Water Supply 

2 SEC. 3301. AUTHORITY TO MAKE ENTIRE ACTIVE CAPACITY 

3 OF FONTENELLE RESERVOIR AVAILABLE 

4 FOR USE. 

5 (a) IN GENERAL.—The Secretary of the Interior (re6 ferred to in this section as the ‘‘Secretary’’), in coopera7 tion with the State of Wyoming, may amend the Definite 

8 Plan Report for the Seedskadee Project authorized under 

9 the first section of the Act of April 11, 1956 (commonly 

10 known as the ‘‘Colorado River Storage Project Act’’) (43 

11 U.S.C. 620), to provide for the study, design, planning, 

12 and construction activities that will enable the use of all 

13 active storage capacity (as may be defined or limited by 

14 legal, hydrologic, structural, engineering, economic, and 

15 environmental considerations) of Fontenelle Dam and 

16 Reservoir, including the placement of sufficient riprap on 

17 the upstream face of Fontenelle Dam to allow the active 

18 storage capacity of Fontenelle Reservoir to be used for 

19 those purposes for which the Seedskadee Project was au20 thorized. 

21 (b) COOPERATIVE AGREEMENTS.— 

22 (1) IN GENERAL.—The Secretary may enter 

23 into any contract, grant, cooperative agreement, or 

24 other agreement that is necessary to carry out sub25 section (a). 


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1 (2) STATE OF WYOMING.— 

2 (A) IN GENERAL.—The Secretary shall 

3 enter into a cooperative agreement with the 

4 State of Wyoming to work in cooperation and 

5 collaboratively with the State of Wyoming for 

6 planning, design, related preconstruction activi7 ties, and construction of any modification of the 

8 Fontenelle Dam under subsection (a). 

9 (B) REQUIREMENTS.—The cooperative 

10 agreement under subparagraph (A) shall, at a 

11 minimum, specify the responsibilities of the 

12 Secretary and the State of Wyoming with re13 spect to— 

14 (i) completing the planning and final 

15 design of the modification of the 

16 Fontenelle Dam under subsection (a); 

17 (ii) any environmental and cultural re18 source compliance activities required for 

19 the modification of the Fontenelle Dam 

20 under subsection (a) including compliance 

21 with— 

22 (I) the National Environmental 

23 Policy Act of 1969 (42 U.S.C. 4321 

24 et seq.); 


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1 (II) the Endangered Species Act 

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

3 (III) subdivision 2 of division A 

4 of subtitle III of title 54, United 

5 States Code; and 

6 (iii) the construction of the modifica7 tion of the Fontenelle Dam under sub8 section (a). 

9 (c) FUNDING BY STATE OF WYOMING.—Pursuant to 

10 the Act of March 4, 1921 (41 Stat. 1404, chapter 161; 

11 43 U.S.C. 395), and as a condition of providing any addi12 tional storage under subsection (a), the State of Wyoming 

13 shall provide to the Secretary funds for any work carried 

14 out under subsection (a). 

15 (d) OTHER CONTRACTING AUTHORITY.— 

16 (1) IN GENERAL.—The Secretary may enter 

17 into contracts with the State of Wyoming, on such 

18 terms and conditions as the Secretary and the State 

19 of Wyoming may agree, for division of any addi20 tional active capacity made available under sub21 section (a). 

22 (2) TERMS AND CONDITIONS.—Unless other23 wise agreed to by the Secretary and the State of 

24 Wyoming, a contract entered into under paragraph 

25 (1) shall be subject to the terms and conditions of 


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1 Bureau of Reclamation Contract No. 14–06–400– 

2 2474 and Bureau of Reclamation Contract No. 14– 

3 06–400–6193. 

4 (e) SAVINGS PROVISIONS.—Unless expressly provided 

5 in this section, nothing in this section modifies, conflicts 

6 with, preempts, or otherwise affects— 

7 (1) the Boulder Canyon Project Act (43 U.S.C. 

8 617 et seq.); 

9 (2) the Colorado River Compact of 1922, as ap10 proved by the Presidential Proclamation of June 25, 

11 1929 (46 Stat. 3000); 

12 (3) the Boulder Canyon Project Adjustment Act 

13 (43 U.S.C. 618 et seq.); 

14 (4) the Treaty between the United States of 

15 America and Mexico relating to the utilization of 

16 waters of the Colorado and Tijuana Rivers and of 

17 the Rio Grande, and supplementary protocol signed 

18 November 14, 1944, signed at Washington February 

19 3, 1944 (59 Stat. 1219); 

20 (5) the Upper Colorado River Basin Compact 

21 as consented to by the Act of April 6, 1949 (63 

22 Stat. 31); 

23 (6) the Act of April 11, 1956 (commonly known 

24 as the ‘‘Colorado River Storage Project Act’’) (43 

25 U.S.C. 620 et seq.); 


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1 (7) the Colorado River Basin Project Act (Pub2 lic Law 90–537; 82 Stat. 885); or 

3 (8) any State of Wyoming or other State water 

4 law. 

5 SEC. 3302. PRICING OF WATER STORAGE CONTRACTS. 

6 Section 7 of the Flood Control Act of 1944 (33 

7 U.S.C. 709) is amended— 

8 (1) by striking ‘‘such regulations: Provided, 

9 That this section’’ and inserting the following: 

10 ‘‘those regulations. 

11 ‘‘(2) EXCEPTION.—This subsection’’; and 

12 (2) by striking the section designation and all 

13 that follows through ‘‘It shall be the duty of the Sec14 retary of the Army to’’ and inserting the following: 

15 ‘‘SEC. 7. WATER STORAGE. 

16 ‘‘(a) PRICING OF CONTRACTS.— 

17 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

18 the Secretary of the Army shall price each water 

19 storage contract entered into by the Secretary at fair 

20 market value. 

21 ‘‘(2) FAIR MARKET VALUE REQUIREMENT.— 

22 For purposes of paragraph (1), the fair market 

23 value of a water storage contract shall not exceed 

24 110 percent of the lowest-contracted price at any fa25 cility of the Corps of Engineers located within 50 


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1 miles of the water source covered by the contract, as 

2 adjusted for inflation. 

3 ‘‘(b) FLOOD CONTROL AND NAVIGATION.— 

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), the Secretary of the Army shall’’. 

6 SEC. 3303. REPORT ON WATER SUPPLY CONTRACT, WRIGHT 

7 PATMAN LAKE, TEXAS. 

8 Not later than June 30, 2019, the Secretary shall 

9 submit to Congress a report on the status of the imple10 mentation of the water supply contract, Department of the 

11 Army, Civil Works Contract No. 29–68–A–0130, at 

12 Wright Patman Lake, Texas, that— 

13 (1) describes the accomplishments or failures 

14 relating to the implementation of that contract at 

15 Wright Patman Lake; 

16 (2) identifies— 

17 (A) the activities that the Secretary ex18 pects to be necessary to complete the execution 

19 of the contract; 

20 (B) the expected completion date for each 

21 activity identified under subparagraph (A); and 

22 (C) the expected execution date of the con23 tract; and 


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1 (3) describes any adjustments to the timeline 

2 for completion of the execution of the contract that 

3 the Secretary determines to be necessary. 

4 SEC. 3304. SENSE OF CONGRESS RELATING TO WRIGHT 

5 PATMAN LAKE, SULPHUR RIVER BASIN, 

6 TEXAS. 

7 It is the sense of Congress that the Secretary should 

8 implement the Department of the Army, Civil Works Con9 tract No. 29–68–A–0130, at Wright Patman Lake, Texas, 

10 in an expeditious manner and in accordance with all appli11 cable Federal and State water laws, including through the 

12 acceptance and expenditure of funds contributed by a non13 Federal interest for any study required by law. 

14 SEC. 3305. CITY RESERVOIR EXPANSION PILOT PROGRAM. 

15 (a) IN GENERAL.—The Secretary shall establish a 

16 pilot program to expedite review of applications described 

17 in subsection (b). 

18 (b) APPLICATIONS DESCRIBED.—An application re19 ferred to in subsection (a) is an application for a permit 

20 from the Secretary— 

21 (1) to expand a reservoir for which not less 

22 than 80 percent of the water rights are for commu23 nity drinking water supplies in order to accommo24 date projected water supply needs of a city with a 

25 population of less than 80,000; and 


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1 (2) from a city in which— 

2 (A) any portion of the water resources 

3 available to the community are polluted by 

4 chemicals used at a formerly used defense site 

5 under the jurisdiction of the Department of De6 fense that is undergoing (or is scheduled to un7 dergo) environmental remediation under chap8 ter 160 of title 10, United States Code; and 

9 (B) mitigation of the pollution described in 

10 subparagraph (A) is ongoing. 

11 (c) SUNSET.—The authority to carry out the pilot 

12 program under this section shall terminate on the date 

13 that is 10 years after the date of enactment of this Act. 

14 SEC. 3306. SENSE OF CONGRESS RELATING TO WATER-RE15 LATED INFRASTRUCTURE IN IDAHO, MON16 TANA, RURAL NEVADA, NEW MEXICO, RURAL 

17 UTAH, AND WYOMING. 

18 It is the sense of Congress that appropriations au19 thorized by section 595(i) of the Water Resources Devel20 opment Act of 1999 (113 Stat. 384; 128 Stat. 1316; 130 

21 Stat. 1681) should be maintained at an amount not less 

22 than $75,000,000. 


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1 Subtitle E—Sediment Management 

2 SEC. 3401. MISSOURI RIVER RESERVOIR SEDIMENT MAN3 AGEMENT. 

4 Section 1179(a) of the Water Infrastructure Im5 provements for the Nation Act (130 Stat. 1675) is amend6 ed— 

7 (1) by redesignating paragraphs (4) through 

8 (8) as paragraphs (5) through (9), respectively; 

9 (2) by inserting after paragraph (3) the fol10 lowing: 

11 ‘‘(4) PRIORITIZATION OF SEDIMENT MANAGE12 MENT PLANS.—In carrying out the pilot project 

13 under this subsection, the Secretary shall give pri14 ority to developing and implementing sediment man15 agement plans that affect reservoirs that cross State 

16 lines.’’; 

17 (3) in paragraph (8) (as so redesignated)— 

18 (A) by redesignating subparagraph (B) as 

19 subparagraph (C); and 

20 (B) by striking subparagraph (A) and in21 serting the following: 

22 ‘‘(A) IN GENERAL.—The Secretary shall 

23 carry out the pilot program established under 

24 this subsection in partnership with the Sec25 retary of the Interior, and the program shall 


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1 apply to reservoirs managed or owned by the 

2 Bureau of Reclamation. 

3 ‘‘(B) MEMORANDUM OF AGREEMENT.— 

4 For sediment management plans that apply to 

5 a reservoir managed or owned by the Bureau of 

6 Reclamation under subparagraph (A), the Sec7 retary and the Secretary of the Interior shall 

8 execute a memorandum of agreement estab9 lishing the framework for a partnership and the 

10 terms and conditions for sharing expertise and 

11 resources.’’; and 

12 (4) by adding at the end the following: 

13 ‘‘(10) PRIORITIZATION OF FUNDS.—To the 

14 maximum extent practicable, in carrying out any 

15 projects or programs of the Secretary or the Sec16 retary of the Interior, the Secretary and the Sec17 retary of the Interior, as applicable, shall give pri18 ority to activities under this subsection.’’. 

19 SEC. 3402. RESERVOIR SEDIMENT. 

20 Section 215 of the Water Resources Development Act 

21 of 2000 (33 U.S.C. 2326c) is amended— 

22 (1) in subsection (a)— 

23 (A) by striking ‘‘the date of enactment of 

24 the Water Resources Development Act of 2016’’ 

25 and inserting ‘‘the date of enactment of the 


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

2 and 

3 (B) by striking ‘‘shall establish, using 

4 available funds, a pilot program to accept’’ and 

5 inserting ‘‘shall, using available funds, accept’’; 

6 (2) in subsection (b)— 

7 (A) in paragraph (2), by adding ‘‘and’’ at 

8 the end; 

9 (B) in paragraph (3), by striking ‘‘; and’’ 

10 at the end and inserting a period; and 

11 (C) by striking paragraph (4); and 

12 (3) by striking subsection (f) and inserting the 

13 following: 

14 ‘‘(f) REPORT TO CONGRESS.—Not later than 3 years 

15 after the date of enactment of the America’s Water Infra16 structure Act of 2018, the Secretary may submit to the 

17 Committee on Environment and Public Works of the Sen18 ate and the Committee on Transportation and Infrastruc19 ture of the House of Representatives a report describing 

20 the results of the program under this section.’’. 

21 SEC. 3403. REGIONAL SEDIMENT MANAGEMENT. 

22 Section 204 of the Water Resources Development Act 

23 of 1992 (33 U.S.C. 2326) is amended— 

24 (1) in subsection (a)— 


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1 (A) by striking paragraph (1) and insert2 ing the following: 

3 ‘‘(1) SEDIMENT USE.—For sediment obtained 

4 through the construction, operation, or maintenance 

5 of an authorized Federal water resources project or 

6 a reclamation project, including Federal reservoirs 

7 authorized for flood control, the Secretary (in con8 sultation with the Commissioner of Reclamation (re9 ferred to in this section as the ‘Commissioner’)) and, 

10 subject to the availability of appropriations, the 

11 Commissioner (in consultation with the Secretary), 

12 as applicable, shall develop, at full Federal expense, 

13 regional sediment management plans, and carry out 

14 projects at locations identified in plans developed 

15 under this section, or identified jointly by the non16 Federal interest and the Secretary or the Commis17 sioner, as applicable, for use in the construction, re18 pair, modification, or rehabilitation of projects asso19 ciated with Federal water resources projects and rec20 lamation projects for purposes listed in paragraph 

21 (3).’’; 

22 (B) in paragraph (2), by inserting ‘‘or the 

23 Commissioner, as applicable,’’ after ‘‘Sec24 retary’’; 


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1 (C) in paragraph (3), in the matter pre2 ceding subparagraph (A), by inserting ‘‘and rec3 lamation projects’’ after ‘‘water resources 

4 projects’’; and 

5 (D) in paragraph (4), by inserting ‘‘or the 

6 Commissioner, as applicable,’’ after ‘‘Sec7 retary’’; 

8 (2) in subsection (b)— 

9 (A) in the heading, by striking ‘‘SECRE10 TARIAL’’ and inserting ‘‘AGENCY’’; and 

11 (B) in the matter preceding paragraph (1), 

12 by inserting ‘‘or the Commissioner, as applica13 ble,’’ after ‘‘Secretary’’; 

14 (3) in subsection (c)(1)— 

15 (A) in subparagraph (A), by inserting ‘‘or 

16 reclamation project’’ after ‘‘water resources 

17 project’’; and 

18 (B) in subparagraph (B)(ii), by inserting 

19 ‘‘or the Commissioner, as applicable,’’ after 

20 ‘‘Secretary’’; 

21 (4) in subsection (d)— 

22 (A) by inserting ‘‘or the Commissioner, as 

23 applicable,’’ after ‘‘Secretary’’ each place it ap24 pears; and 


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1 (B) in paragraph (1), in the matter pre2 ceding subparagraph (A), by inserting ‘‘or rec3 lamation project’’ after ‘‘water resources 

4 project’’; 

5 (5) in subsection (e), in the matter preceding 

6 paragraph (1), by inserting ‘‘or the Commissioner, 

7 as applicable,’’ after ‘‘Secretary’’; and 

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

9 inserting ‘‘to the Secretary’’ after ‘‘appropriated’’. 

10 Subtitle F—Flood Risk 

11 Management 

12 SEC. 3501. ICE JAM PREVENTION AND MITIGATION. 

13 Section 1150(c) of the Water Infrastructure Improve14 ments for the Nation Act (33 U.S.C. 701s note; Public 

15 Law 114–322) is amended— 

16 (1) in paragraph (1)— 

17 (A) by striking ‘‘During fiscal years 2017 

18 through 2022, the Secretary’’ and inserting 

19 ‘‘The Secretary’’; and 

20 (B) by striking ‘‘10 projects’’ and inserting 

21 ‘‘20 projects’’; 

22 (2) in paragraph (2)— 

23 (A) by striking ‘‘shall ensure’’ and insert24 ing the following : ‘‘shall— 

25 ‘‘(A) ensure’’; 


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1 (B) by striking the period at the end and 

2 inserting ‘‘; and’’; and 

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

4 ‘‘(B) select not less than 1 project on a 

5 reservation (as defined in section 3 of the In6 dian Financing Act of 1974 (25 U.S.C. 1452)) 

7 that serves more than 1 Indian tribe (as defined 

8 in section 4 of the Indian Self-Determination 

9 and Education Assistance Act (25 U.S.C. 

10 5304)).’’; and 

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

12 ‘‘(3) PRIORITIZATION.—In selecting projects 

13 under paragraph (1), the Secretary shall give pri14 ority to— 

15 ‘‘(A) projects in the Upper Missouri River 

16 Basin; and 

17 ‘‘(B) projects in the Northeast.’’. 

18 SEC. 3502. UPPER MISSOURI RIVER BASIN FLOOD AND 

19 DROUGHT MONITORING. 

20 Section 4003(a) of the Water Resources Reform and 

21 Development Act of 2014 (128 Stat. 1311, 130 Stat. 

22 1677) is amended by adding at the end the following: 

23 ‘‘(6) PRIORITIZATION.—To the maximum ex24 tent practicable, in carrying out any projects or proVerDate Sep 11 2014 23:04 May 22, 2018 Jkt 079200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6401 E:\BILLS\S2800.RS S2800

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1 grams of the Secretary, the Secretary shall give pri2 ority to activities under this subsection.’’. 

3 SEC. 3503. POLICIES THAT IMPACT FLOOD FIGHT MANAGE4 MENT PROJECTS WITHIN URBAN AREAS. 

5 Not later than 1 year after the date of enactment 

6 of this Act, the Secretary shall carry out a study on— 

7 (1) flooding within urban floodplains; and 

8 (2) the Federal policy constraints on the ability 

9 of the Secretary to address urban flooding, includ10 ing— 

11 (A) the regulations under part 238 of title 

12 33, Code of Federal Regulations (as in effect on 

13 the date of enactment of this Act); and 

14 (B) the limitation under section 

15 238.7(a)(1) of that title (as in effect on the 

16 date of enactment of this Act) that allows the 

17 Secretary to provide assistance only where the 

18 flood discharge of a stream or waterway within 

19 an urban area is greater than 800 cubic feet 

20 per second for the 10-percent flood. 

21 SEC. 3504. MISSOURI RIVER AND TRIBUTARIES AT KANSAS 

22 CITIES, MISSOURI AND KANSAS. 

23 (a) IN GENERAL.—The project for flood damage re24 duction, Argentine, East Bottoms, Fairfax–Jersey Creek, 

25 and North Kansas Levees Units, Missouri River and tribuVerDate Sep 11 2014 23:04 May 22, 2018 Jkt 079200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6401 E:\BILLS\S2800.RS S2800

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1 taries at Kansas Cities, Missouri and Kansas, authorized 

2 by section 1001(28) of the Water Resources Development 

3 Act of 2007 (121 Stat. 1054), is modified to include the 

4 Armourdale and Central Industrial District Levee Units, 

5 to be carried out by the Secretary substantially in accord6 ance with the plans, and subject to the conditions, de7 scribed in the report of the Chief of Engineers, dated Jan8 uary 27, 2015, at an additional total cost of 

9 $328,110,000, with an estimated Federal cost of 

10 $213,271,500 and an estimated non-Federal cost of 

11 $114,838,500. 

12 (b) SINGLE PROJECT.—The projects described in 

13 subsection (a) shall be considered a single project for 

14 budgeting purposes and shall not be subject to a new start 

15 decision or new investment decision. 

16 (c) CONFORMING AMENDMENT.—Item 2 of the table 

17 in section 1401(2) of the Water Infrastructure Improve18 ments for the Nation Act (130 Stat. 1710) (relating to 

19 Armourdale and Central Industrial District Levee Units, 

20 Missouri River and Tributaries at Kansas Citys) is re21 pealed. 


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1 Subtitle G—River Basins, 

2 Watersheds, and Coastal Areas 

3 SEC. 3601. LONG-TERM FLOOD RISK REDUCTION, UPPER 

4 MISSOURI RIVER BASIN, SNAKE RIVER BASIN, 

5 AND RED RIVER BASIN. 

6 Section 5 of the Act of August 18, 1941 (commonly 

7 known as the ‘‘Flood Control Act of 1941’’) (55 Stat. 650, 

8 chapter 377; 33 U.S.C. 701n), is amended by adding at 

9 the end the following: 

10 ‘‘(f) LONG-TERM FLOOD-RISK REDUCTION.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall provide 

12 assistance for the operation and maintenance of any 

13 project constructed under this section that, as deter14 mined by the Secretary, becomes permanent due to 

15 the extended presence of assistance from the Sec16 retary under subsection (a). 

17 ‘‘(2) NO TIME LIMITATION.—Notwithstanding 

18 any other provision of this section or any other law, 

19 the Secretary may provide assistance under this sub20 section for any period of time, as determined by the 

21 Secretary. 

22 ‘‘(3) COST-SHARE.—The cost of operation and 

23 maintenance provided under this subsection for a 

24 project shall be subject to the cost-sharing provisions 

25 that would otherwise apply to such a project. 


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1 ‘‘(4) TERMINATION.—The authority to provide 

2 assistance under this subsection terminates on the 

3 date that is 10 years after the date of enactment of 

4 the America’s Water Infrastructure Act of 2018.’’. 

5 SEC. 3602. SENSE OF CONGRESS RELATING TO PROVISION 

6 OF RESOURCES FOR EMERGENCY INFRA7 STRUCTURE REPAIRS. 

8 It is the sense of Congress that the Secretary should 

9 use all existing authorities of the Secretary to accept and 

10 use resources provided by a non-Federal entity under sec11 tion 1024 of the Water Resources Reform and Develop12 ment Act of 2014 (33 U.S.C. 2325a) to carry out emer13 gency infrastructure repairs, regardless of the cause of the 

14 emergency. 

15 SEC. 3603. SENSE OF CONGRESS ON EMERGENCY MANAGE16 MENT ASSISTANCE. 

17 It is the sense of Congress that the Secretary should 

18 provide technical assistance and other support to State 

19 emergency management agencies to assist in the develop20 ment of handbooks for floodplain managers that— 

21 (1) include policies to help manage the risks of 

22 coastal and river flooding; and 

23 (2) consider coastal protection solutions that 

24 promote resilience, such as living shorelines, and re25 gional sediment management. 


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1 SEC. 3604. GREAT LAKES FISH AND WILDLIFE RESTORA2 TION ACT OF 1990. 

3 Section 1009 of the Great Lakes Fish and Wildlife 

4 Restoration Act of 1990 (16 U.S.C. 941g) is amended by 

5 striking subsection (a) and inserting the following: 

6 ‘‘(a) IN GENERAL.—There are authorized to be ap7 propriated to the Director— 

8 ‘‘(1) for fiscal year 2019— 

9 ‘‘(A) $6,600,000 to implement fish and 

10 wildlife restoration proposals and regional 

11 projects selected by the Director under section 

12 1005(d), of which— 

‘‘(i) not more than the lesser of 331 13 ⁄3

14 percent and $2,000,000 may be allocated 

15 to implement regional projects; and 

16 ‘‘(ii) the lesser of 5 percent and 

17 $300,000 shall be allocated to the United 

18 States Fish and Wildlife Service to cover 

19 costs incurred in administering the pro20 posals by any entity; and 

21 ‘‘(B) $2,200,000, which shall be allocated 

22 for the activities of the Upper Great Lakes Fish 

23 and Wildlife Conservation Offices and the 

24 Lower Great Lakes Fish and Wildlife Conserva25 tion Office under section 1007; 

26 ‘‘(2) for fiscal year 2020— 


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1 ‘‘(A) $7,200,000 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 33 1 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) $2,400,000, 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; and 

18 ‘‘(3) for fiscal year 2021— 

19 ‘‘(A) $7,800,000 to implement fish and 

20 wildlife restoration proposals and regional 

21 projects selected by the Director under section 

22 1005(d), of which— 

‘‘(i) not more than the lesser of 331 23 ⁄3

24 percent and $2,000,000 may be allocated 

25 to implement regional projects; and 


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1 ‘‘(ii) the lesser of 5 percent and 

2 $300,000 shall be allocated to the United 

3 States Fish and Wildlife Service to cover 

4 costs incurred in administering the pro5 posals by any entity; and 

6 ‘‘(B) $2,600,000, which shall be allocated 

7 for the activities of the Upper Great Lakes Fish 

8 and Wildlife Conservation Offices and the 

9 Lower Great Lakes Fish and Wildlife Conserva10 tion Office under section 1007.’’. 

11 SEC. 3605. GREAT LAKES RESTORATION INITIATIVE. 

12 Section 118(c)(7)(J) of the Federal Water Pollution 

13 Control Act (33 U.S.C. 1268(c)(7)(J)) is amended by 

14 striking clause (i) and inserting the following: 

15 ‘‘(i) IN GENERAL.—There are author16 ized to be appropriated to carry out this 

17 paragraph— 

18 ‘‘(I) $330,000,000 for fiscal year 

19 2019; 

20 ‘‘(II) $360,000,000 for fiscal 

21 year 2020; and 

22 ‘‘(III) $390,000,000 for fiscal 

23 year 2021.’’. 


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1 SEC. 3606. GREAT LAKES COASTAL RESILIENCY STUDY. 

2 The Secretary shall carry out the proposed Great 

3 Lakes coastal resiliency study under section 729 of the 

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

5 2267a)— 

6 (1) to conduct an assessment of water resources 

7 needs in the Great Lakes; and 

8 (2) to prioritize efforts to study issues in the 

9 Great Lakes, including lake level fluctuations, ero10 sion, flooding, nutrient runoff, aging infrastructure, 

11 and economic and recreational issues. 

12 SEC. 3607. SPECIAL RULE FOR BEACH NOURISHMENT. 

13 Section 156(e) of the Water Resources Development 

14 Act of 1976 (42 U.S.C. 1962d–5f(e)) is amended by strik15 ing ‘‘the date of enactment of the Water Resources Re16 form and Development Act of 2014’’ and inserting ‘‘the 

17 date of enactment of the America’s Water Infrastructure 

18 Act of 2018’’. 

19 SEC. 3608. EXTENSION FOR CERTAIN COASTAL STORM DAM20 AGE REDUCTION PROGRAMS. 

21 Section 156(e) of the Water Resources Development 

22 Act of 1976 (42 U.S.C. 1962d–5f(e)) is amended by in23 serting ‘‘or within the 5-year period beginning on the date 

24 of enactment of the America’s Water Infrastructure Act 

25 of 2018’’ after ‘‘Water Resources Reform and Develop26 ment Act of 2014’’. 


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1 SEC. 3609. SNAKE RIVER BASIN FLOOD PREVENTION AC2 TION PLAN. 

3 (a) IN GENERAL.—As soon as practicable after the 

4 date of enactment of this Act, the Secretary, in consulta5 tion with the Commissioner of Reclamation, shall develop 

6 a flood prevention action plan for each State or portion 

7 of a State within the Snake River Basin. 

8 (b) REQUIREMENTS.—A flood prevention action plan 

9 under subsection (a) shall— 

10 (1) focus on the areas most likely to experience 

11 flooding within the next 2 years; 

12 (2) include steps to manage and reduce flood 

13 risks within the Snake River Basin; and 

14 (3) include a description of the actions the Sec15 retary and the Commissioner of Reclamation plan to 

16 take to improve coordination with local stakeholders 

17 to help manage and reduce flood risks in the areas 

18 described in paragraph (1). 

19 (c) SUBMISSION.—Not later than 180 days after the 

20 date of enactment of this Act, after coordinating with local 

21 stakeholders, the Secretary shall submit to the Committee 

22 on Environment and Public Works of the Senate and the 

23 Committee on Transportation and Infrastructure of the 

24 House of Representatives the flood prevention plans devel25 oped under subsection (a). 


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1 SEC. 3610. AUTHORIZATION OF APPROPRIATIONS FOR CO2 LUMBIA RIVER BASIN RESTORATION. 

3 Section 123(d) of the Federal Water Pollution Con4 trol Act (33 U.S.C. 1275(d)) is amended by adding at the 

5 end the following: 

6 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

7 There are authorized to be appropriated to carry out 

8 this subsection— 

9 ‘‘(A) $5,000,000 for fiscal year 2019; and 

10 ‘‘(B) $30,000,000 for each of fiscal years 

11 2020 and 2021.’’. 

12 Subtitle H—Environmental 

13 Management 

14 SEC. 3701. REAUTHORIZATION OF RIO GRANDE ENVIRON15 MENTAL MANAGEMENT PROGRAM. 

16 Section 5056(f) of the Water Resources Development 

17 Act of 2007 (121 Stat. 1214; 128 Stat. 1315) is amended 

18 by striking ‘‘each of fiscal years 2008 through 2019’’ and 

19 inserting ‘‘each of fiscal years 2008 through 2021’’. 

20 SEC. 3702. AMENDMENTS TO LONG ISLAND SOUND PRO21 GRAMS. 

22 (a) LONG ISLAND SOUND RESTORATION PRO23 GRAM.—Section 119 of the Federal Water Pollution Con24 trol Act (33 U.S.C. 1269) is amended— 


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1 (1) in subsection (b), by striking the subsection 

2 designation and heading and all that follows through 

3 ‘‘The Office shall’’ and inserting the following: 

4 ‘‘(b) OFFICE.— 

5 ‘‘(1) ESTABLISHMENT.—The Administrator 

6 shall— 

7 ‘‘(A) continue to carry out the conference 

8 study; and 

9 ‘‘(B) establish an office, to be located on 

10 or near Long Island Sound. 

11 ‘‘(2) ADMINISTRATION AND STAFFING.—The 

12 Office shall’’; 

13 (2) in subsection (c)— 

14 (A) in the matter preceding paragraph (1), 

15 by striking ‘‘Management Conference of the 

16 Long Island Sound Study’’ and inserting ‘‘con17 ference study’’; 

18 (B) in paragraph (2)— 

19 (i) in each of subparagraphs (A) 

20 through (G), by striking the commas at 

21 the end of the subparagraphs and inserting 

22 semicolons; 

23 (ii) in subparagraph (H), by striking 

24 ‘‘, and’’ and inserting a semicolon; 


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1 (iii) in subparagraph (I), by striking 

2 the period at the end and inserting a semi3 colon; and 

4 (iv) by adding at the end the fol5 lowing: 

6 ‘‘(J) environmental impacts on the Long 

7 Island Sound watershed, including— 

8 ‘‘(i) the identification and assessment 

9 of vulnerabilities in the watershed; 

10 ‘‘(ii) the development and implementa11 tion of adaptation strategies to reduce 

12 those vulnerabilities; and 

13 ‘‘(iii) the identification and assess14 ment of the impacts of sea level rise on 

15 water quality, habitat, and infrastructure; 

16 and 

17 ‘‘(K) planning initiatives for Long Island 

18 Sound that identify the areas that are most 

19 suitable for various types or classes of activities 

20 in order to reduce conflicts among uses, reduce 

21 adverse environmental impacts, facilitate com22 patible uses, or preserve critical ecosystem serv23 ices to meet economic, environmental, security, 

24 or social objectives;’’; 


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1 (C) by striking paragraph (4) and insert2 ing the following: 

3 ‘‘(4) develop and implement strategies to in4 crease public education and awareness with respect 

5 to the ecological health and water quality conditions 

6 of Long Island Sound;’’; 

7 (D) in paragraph (5), by inserting ‘‘study’’ 

8 after ‘‘conference’’; 

9 (E) in paragraph (6)— 

10 (i) by inserting ‘‘(including on the 

11 Internet)’’ after ‘‘the public’’; and 

12 (ii) by inserting ‘‘study’’ after ‘‘con13 ference’’; and 

14 (F) by striking paragraph (7) and insert15 ing the following: 

16 ‘‘(7) monitor the progress made toward meeting 

17 the identified goals, actions, and schedules of the 

18 Comprehensive Conservation and Management Plan, 

19 including through the implementation and support 

20 of a monitoring system for the ecological health and 

21 water quality conditions of Long Island Sound; 

22 and’’; 

23 (3) in subsection (d)(3), in the second sentence, 

24 by striking ‘‘50 per centum’’ and inserting ‘‘60 per25 cent’’; 


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1 (4) by redesignating subsection (f) as sub2 section (i); and 

3 (5) by inserting after subsection (e) the fol4 lowing: 

5 ‘‘(f) REPORT.— 

6 ‘‘(1) IN GENERAL.—Not later than 2 years 

7 after the date of enactment of the America’s Water 

8 Infrastructure Act of 2018, and biennially there9 after, the Director of the Office, in consultation with 

10 the Governor of each Long Island Sound State, shall 

11 submit to Congress a report that— 

12 ‘‘(A) summarizes and assesses the progress 

13 made by the Office and the Long Island Sound 

14 States in implementing the Long Island Sound 

15 Comprehensive Conservation and Management 

16 Plan, including an assessment of the progress 

17 made toward meeting the performance goals 

18 and milestones contained in the Plan; 

19 ‘‘(B) assesses the key ecological attributes 

20 that reflect the health of the ecosystem of the 

21 Long Island Sound watershed; 

22 ‘‘(C) describes any substantive modifica23 tions to the Long Island Sound Comprehensive 

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1 ing the 2-year period preceding the date of sub2 mission of the report; 

3 ‘‘(D) provides specific recommendations to 

4 improve progress in restoring and protecting 

5 the Long Island Sound watershed, including, as 

6 appropriate, proposed modifications to the Long 

7 Island Sound Comprehensive Conservation and 

8 Management Plan; 

9 ‘‘(E) identifies priority actions for imple10 mentation of the Long Island Sound Com11 prehensive Conservation and Management Plan 

12 for the 2-year period following the date of sub13 mission of the report; and 

14 ‘‘(F) describes the means by which Federal 

15 funding and actions will be coordinated with the 

16 actions of the Long Island Sound States and 

17 other entities. 

18 ‘‘(2) PUBLIC AVAILABILITY.—The Adminis19 trator shall make the report described in paragraph 

20 (1) available to the public, including on the Internet. 

21 ‘‘(g) ANNUAL BUDGET PLAN.—The President shall 

22 submit, together with the annual budget of the United 

23 States Government submitted under section 1105(a) of 

24 title 31, United States Code, information regarding each 

25 Federal department and agency involved in the protection 


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1 and restoration of the Long Island Sound watershed, in2 cluding— 

3 ‘‘(1) an interagency crosscut budget that dis4 plays for each department and agency— 

5 ‘‘(A) the amount obligated during the pre6 ceding fiscal year for protection and restoration 

7 projects and studies relating to the watershed; 

8 ‘‘(B) the estimated budget for the current 

9 fiscal year for protection and restoration 

10 projects and studies relating to the watershed; 

11 and 

12 ‘‘(C) the proposed budget for succeeding 

13 fiscal years for protection and restoration 

14 projects and studies relating to the watershed; 

15 and 

16 ‘‘(2) a summary of any proposed modifications 

17 to the Long Island Sound Comprehensive Conserva18 tion and Management Plan for the following fiscal 

19 year. 

20 ‘‘(h) FEDERAL ENTITIES.— 

21 ‘‘(1) COORDINATION.—The Administrator shall 

22 coordinate the actions of all Federal departments 

23 and agencies that impact water quality in the Long 

24 Island Sound watershed in order to improve the 

25 water quality and living resources of the watershed. 


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1 ‘‘(2) METHODS.—In carrying out this section, 

2 the Administrator, acting through the Director of 

3 the Office, may— 

4 ‘‘(A) enter into interagency agreements; 

5 and 

6 ‘‘(B) make intergovernmental personnel 

7 appointments. 

8 ‘‘(3) FEDERAL PARTICIPATION IN WATERSHED

9 PLANNING.—A Federal department or agency that 

10 owns or occupies real property, or carries out activi11 ties, within the Long Island Sound watershed shall 

12 participate in regional and subwatershed planning, 

13 protection, and restoration activities with respect to 

14 the watershed. 

15 ‘‘(4) CONSISTENCY WITH COMPREHENSIVE CON16 SERVATION AND MANAGEMENT PLAN.—To the max17 imum extent practicable, the head of each Federal 

18 department and agency that owns or occupies real 

19 property, or carries out activities, within the Long 

20 Island Sound watershed shall ensure that the prop21 erty and all activities carried out by the department 

22 or agency are consistent with the Long Island Sound 

23 Comprehensive Conservation and Management Plan 

24 (including any related subsequent agreements and 

25 plans).’’. 


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1 (b) LONG ISLAND SOUND STEWARDSHIP PRO2 GRAM.— 

3 (1) LONG ISLAND SOUND STEWARDSHIP ADVI4 SORY COMMITTEE.—Section 8 of the Long Island 

5 Sound Stewardship Act of 2006 (33 U.S.C. 1269 

6 note; Public Law 109–359) is amended— 

7 (A) in subsection (g), by striking ‘‘2011’’ 

8 and inserting ‘‘2021’’; and 

9 (B) by adding at the end the following: 

10 ‘‘(h) NONAPPLICABILITY OF FACA.—The Federal 

11 Advisory Committee Act (5 U.S.C. App.) shall not apply 

12 to— 

13 ‘‘(1) the Advisory Committee; or 

14 ‘‘(2) any board, committee, or other group es15 tablished under this Act.’’. 

16 (2) REPORTS.—Section 9(b)(1) of the Long Is17 land Sound Stewardship Act of 2006 (33 U.S.C. 

18 1269 note; Public Law 109–359) is amended in the 

19 matter preceding subparagraph (A) by striking ‘‘fis20 cal years 2007 through 2011’’ and inserting ‘‘fiscal 

21 years 2019 through 2021’’. 

22 (3) AUTHORIZATION.—Section 11 of the Long 

23 Island Sound Stewardship Act of 2006 (33 U.S.C. 

24 1269 note; Public Law 109–359) is amended— 

25 (A) by striking subsection (a); 


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1 (B) by redesignating subsections (b) 

2 through (d) as subsections (a) through (c), re3 spectively; and 

4 (C) in subsection (a) (as so redesignated), 

5 by striking ‘‘under this section each’’ and in6 serting ‘‘to carry out this Act for a’’. 

7 (4) EFFECTIVE DATE.—The amendments made 

8 by this subsection take effect on October 1, 2018. 

9 (c) REAUTHORIZATION OF LONG ISLAND SOUND

10 PROGRAMS.— 

11 (1) IN GENERAL.—There are authorized to be 

12 appropriated to the Administrator of the Environ13 mental Protection Agency such sums as are nec14 essary for each of fiscal years 2019 through 2021 

15 for the implementation of— 

16 (A) section 119 of the Federal Water Pol17 lution Control Act (33 U.S.C. 1269), other than 

18 subsection (d) of that section; and 

19 (B) the Long Island Sound Stewardship 

20 Act of 2006 (33 U.S.C. 1269 note; Public Law 

21 109–359). 

22 (2) LONG ISLAND SOUND GRANTS.—There is 

23 authorized to be appropriated to the Administrator 

24 of the Environmental Protection Agency to carry out 

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1 trol Act (33 U.S.C. 1269(d)) $40,000,000 for each 

2 of fiscal years 2019 through 2021. 

3 (3) LONG ISLAND SOUND STEWARDSHIP

4 GRANTS.—There is authorized to be appropriated to 

5 the Administrator of the Environmental Protection 

6 Agency to carry out the Long Island Sound Stew7 ardship Act of 2006 (33 U.S.C. 1269 note; Public 

8 Law 109–359) $25,000,000 for each of fiscal years 

9 2019 through 2021. 

10 SEC. 3703. SENSE OF CONGRESS RELATING TO THE CAN ̃ O 

MARTI 11  ́N PEN ̃ A ECOSYSTEM RESTORATION 

12 PROJECT. 

13 It is the sense of Congress that the Secretary should 

14 advance the project for ecosystem restoration, Can ̃o 

15 Mart ́ın Pen ̃a, Puerto Rico. 

16 Subtitle I—Tribal Programs 

17 SEC. 3801. INFLATION ADJUSTMENT OF COST-SHARING 

18 PROVISIONS FOR TERRITORIES AND INDIAN 

19 TRIBES. 

20 Section 1156(b) of the Water Resources Development 

21 Act of 1986 (33 U.S.C. 2310(b)) is amended by striking 

22 ‘‘the date of enactment of this subsection’’ and inserting 

23 ‘‘the date of enactment of the America’s Water Infrastruc24 ture Act of 2018’’. 


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1 SEC. 3802. TRIBAL PARTNERSHIP PROGRAM. 

2 Section 203(b)(4) of the Water Resources Develop3 ment Act of 2000 (33 U.S.C. 2269(b)(4)) is amended by 

4 striking ‘‘$10,000,000’’ in each of subparagraphs (A) and 

5 (B) and inserting ‘‘$15,000,000’’. 

6 SEC. 3803. BLACKFEET WATER RIGHTS SETTLEMENT. 

7 (a) AUTHORIZATION FOR APPROPRIATIONS.—Section 

8 3718 of the Water Infrastructure Improvements for the 

9 Nation Act (130 Stat. 1838) is amended by adding at the 

10 end the following: 

11 ‘‘(c) BLACKFEET WATER RIGHTS SETTLEMENT.— 

12 Notwithstanding sections 3716(e) and 3717(e), to the ex13 tent funds have been appropriated, 50 percent of the 

14 amounts appropriated to the Blackfeet Settlement Trust 

15 Fund and 50 percent of the amounts appropriated to the 

16 Blackfeet Water Settlement Implementation Fund under 

17 this section shall be available to the Tribe and the Sec18 retary in a manner consistent with this title on the execu19 tion of the waivers and releases under section 3720(a).’’. 

20 (b) WAIVER AND RELEASE OF CLAIMS.—Section 

21 3720 of the Water Infrastructure Improvements for the 

22 Nation Act (130 Stat. 1839) is amended— 

23 (1) in subsection (a)(3)(B), by striking ‘‘section 

24 3706’’ and inserting ‘‘section 6’’; and 


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1 (2) in subsection (h), in the matter preceding 

2 paragraph (1), by striking ‘‘January 21, 2026’’ and 

3 inserting ‘‘January 21, 2025’’. 

4 SEC. 3804. BONNEVILLE DAM, OREGON. 

5 (a) IN GENERAL.—The Secretary, in consultation 

6 with the Secretary of the Interior, shall examine and as7 sess the extent to which Indians (as defined in section 4 

8 of the Indian Self-Determination and Education Assist9 ance Act (25 U.S.C. 5304)) have been displaced as a re10 sult of the construction of the Bonneville Dam, Oregon. 

11 (b) INCLUSION.—The examination and assessment 

12 under subsection (a) may include assessments relating to 

13 housing and related facilities. 

14 (c) ASSISTANCE.—If the Secretary determines, based 

15 on the examination and assessment under subsection (a), 

16 that assistance is required, the Secretary may use all exist17 ing authorities of the Secretary to provide assistance to 

18 Indians that have been displaced as a result of the con19 struction of the Bonneville Dam, Oregon. 

20 (d) TRIBAL ASSISTANCE.—Section 1178(c)(1)(A) of 

21 the Water Infrastructure Improvements for the Nation 

22 Act (130 Stat. 1675) is amended by striking ‘‘Upon the 

23 request of the Secretary of the Interior, the Secretary may 

24 provide assistance’’ and inserting ‘‘The Secretary, in conVerDate Sep 11 2014 23:04 May 22, 2018 Jkt 079200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6401 E:\BILLS\S2800.RS S2800

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1 sultation with the Secretary of the Interior, may provide 

2 assistance’’. 

3 SEC. 3805. JOHN DAY DAM, OREGON. 

4 (a) IN GENERAL.—The Secretary, in consultation 

5 with the Secretary of the Interior, shall examine and as6 sess the extent to which Indians (as defined in section 4 

7 of the Indian Self-Determination and Education Assist8 ance Act (25 U.S.C. 5304)) have been displaced as a re9 sult of the construction of the John Day Dam, Oregon, 

10 as authorized by section 204 of the Flood Control Act of 

11 1950 (64 Stat. 179, chapter 188). 

12 (b) INCLUSION.—The examination and assessment 

13 under subsection (a) may include assessments relating to 

14 housing and related facilities. 

15 (c) ASSISTANCE.—If the Secretary determines, based 

16 on the examination and assessment under subsection (a), 

17 that assistance is required, the Secretary may use all exist18 ing authorities of the Secretary to provide assistance to 

19 Indians that have been displaced as a result of the con20 struction of the John Day Dam, Oregon. 

21 SEC. 3806. DALLES DAM, OREGON. 

22 (a) IN GENERAL.—The Secretary, in consultation 

23 with the Secretary of the Interior, shall complete a village 

24 development plan for any Indian village (as defined in sec25 tion 4 of the Indian Self-Determination and Education AsVerDate Sep 11 2014 23:04 May 22, 2018 Jkt 079200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6401 E:\BILLS\S2800.RS S2800

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1 sistance Act (25 U.S.C. 5304)) submerged as a result of 

2 the construction of the Dalles Dam, Oregon, as authorized 

3 by section 204 of the Flood Control Act of 1950 (64 Stat. 

4 179, chapter 188). 

5 (b) REQUIREMENTS.—The village development plan 

6 under subsection (a) shall include an estimated cost and 

7 tentative schedule for the construction of a replacement 

8 village. 

9 SEC. 3807. INDIAN IRRIGATION FUND REAUTHORIZATION. 

10 (a) DEPOSITS TO FUNDS.—Section 3212(a) of the 

11 Water Infrastructure Improvements for the Nation Act 

12 (130 Stat. 1750) is amended by striking ‘‘each of fiscal 

13 years 2017 through 2021’’ and inserting ‘‘each of fiscal 

14 years 2017 through 2028’’. 

15 (b) EXPENDITURES FROM FUND.—Section 3213(a) 

16 of the Water Infrastructure Improvements for the Nation 

17 Act (130 Stat. 1750) is amended in the matter preceding 

18 paragraph (1) by striking ‘‘each of fiscal years 2017 

19 through 2021’’ and inserting ‘‘each of fiscal years 2017 

20 through 2028’’. 

21 (c) TERMINATION.—Section 3216 of the Water Infra22 structure Improvements for the Nation Act (130 Stat. 

23 1750) is amended in the matter preceding paragraph (1) 

24 by striking ‘‘September 30, 2021’’ and inserting ‘‘Sep25 tember 30, 2028’’. 


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1 SEC. 3808. REAUTHORIZATION OF REPAIR, REPLACEMENT, 

2 AND MAINTENANCE OF CERTAIN INDIAN IR3 RIGATION PROJECTS. 

4 (a) IN GENERAL.—Section 3221(b) of the Water In5 frastructure Improvements for the Nation Act (130 Stat. 

6 1751) is amended in the matter preceding paragraph (1) 

7 by striking ‘‘each of fiscal years 2017 through 2021’’ and 

8 inserting ‘‘each of fiscal years 2017 through 2028’’. 

9 (b) STATUS REPORT ON CERTAIN PROJECTS.—Sec10 tion 3224(d) of the Water Infrastructure Improvements 

11 for the Nation Act (130 Stat. 1753) is amended in the 

12 matter preceding paragraph (1) by striking ‘‘fiscal year 

13 2021’’ and inserting ‘‘fiscal year 2028’’. 

14 (c) ALLOCATION AMONG PROJECTS.—Section 3226 

15 of the Water Infrastructure Improvements for the Nation 

16 Act (130 Stat. 1753) is amended— 

17 (1) in subsection (a), by striking ‘‘each of fiscal 

18 years 2017 through 2021’’ and inserting ‘‘each of 

19 fiscal years 2017 through 2028’’; and 

20 (2) in subsection (b), by striking ‘‘the day be21 fore the date of enactment of this Act’’ and inserting 

22 ‘‘the day before the date of enactment of the Amer23 ica’s Water Infrastructure Act of 2018’’. 

24 SEC. 3809. INDIAN DAM SAFETY REAUTHORIZATION. 

25 Section 3101 of the Water Infrastructure Improve26 ments for the Nation Act (25 U.S.C. 3805) is amended— 


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1 (1) by striking ‘‘each of fiscal years 2017 

2 through 2023’’ each place it appears and inserting 

3 ‘‘each of fiscal years 2017 through 2030’’; 

4 (2) in subsection (b)— 

5 (A) in paragraph (1)(F), in the matter 

6 preceding clause (i), by striking ‘‘September 30, 

7 2023’’ and inserting ‘‘September 30, 2030’’; 

8 and 

9 (B) in paragraph (2)(F), in the matter 

10 preceding clause (i), by striking ‘‘September 30, 

11 2023’’ and inserting ‘‘September 30, 2030’’; 

12 and 

13 (3) in subsection (f)— 

14 (A) in paragraph (2), by striking ‘‘4 

15 years’’ and inserting ‘‘11 years’’; and 

16 (B) in paragraph (3), by striking ‘‘each of 

17 fiscal years 2017, 2018, and 2019’’ and insert18 ing ‘‘each of fiscal years 2017 through 2026’’. 

19 SEC. 3810. GAO REPORT ON ALASKA NATIVE VILLAGE RE20 LOCATION EFFORTS DUE TO FLOODING AND 

21 EROSION THREATS. 

22 (a) DEFINITION OF ALASKA NATIVE VILLAGE.—In 

23 this section, the term ‘‘Alaska Native village’’ means a Na24 tive village that has a Village Corporation (as those terms 


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1 are defined in section 3 of the Alaska Native Claims Set2 tlement Act (43 U.S.C. 1602)). 

3 (b) REPORT.—The Comptroller General of the 

4 United States (referred to in this section as the ‘‘Comp5 troller General’’) shall submit to Congress a report on ef6 forts to relocate Alaska Native villages due to flooding and 

7 erosion threats that updates the report of the Comptroller 

8 General entitled ‘‘Alaska Native Villages: Limited 

9 Progress Has Been Made on Relocating Villages Threat10 ened by Flooding and Erosion’’, dated June 2009. 

11 (c) INCLUSIONS.—The report under subsection (b) 

12 shall include— 

13 (1) a summary of flooding and erosion threats 

14 to Alaska Native villages throughout the State of 

15 Alaska, based on information from— 

16 (A) the Corps of Engineers; 

17 (B) the Denali Commission; and 

18 (C) any other relevant sources of informa19 tion as the Comptroller General determines to 

20 be appropriate; 

21 (2) the status of efforts to relocate Alaska Na22 tive villages due to flooding and erosion threats; and 

23 (3) any other issues relating to flooding and 

24 erosion threats to, or relocation of, Alaska Native 


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1 villages, as the Comptroller General determines to be 

2 appropriate. 

3 TITLE IV—SENSE OF CONGRESS 

4 RELATING TO CERTAIN PROJ5 ECTS 

6 SEC. 4001. SENSE OF CONGRESS RELATING TO CERTAIN 

7 PROJECTS. 

8 (a) IN GENERAL.—It is the sense of Congress that— 

9 (1) the projects described in subsection (b) are 

10 valuable; and 

11 (2) the Corps of Engineers should expeditiously 

12 complete the post-authorization change report or re13 port of the Chief of Engineers, as applicable, for 

14 each of those projects by the end of 2018. 

15 (b) PROJECTS DESCRIBED.—The projects referred to 

16 in subsection (a) are each of the following: 

17 (1) PROJECTS FOR WHICH A REPORT OF THE

18 CHIEF OF ENGINEERS IS EXPECTED.— 

19 (A) The project for flood risk management, 

20 Lower San Joaquin River, California. 

21 (B) The project for coastal storm risk 

22 management, Pawcatuck River, Rhode Island, 

23 authorized in the matter under the heading 

24 ‘‘INVESTIGATIONS’’ under the heading ‘‘CORPS

25 OF ENGINEERS—CIVIL’’ under the heading 


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

2 of division A of the Disaster Relief Appropria3 tions Act, 2013 (Public Law 113–2; 127 Stat. 

4 23). 

5 (C) The project for coastal storm risk 

6 management, Hashamomuck Cove, New York, 

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 (D) The project for coastal storm risk 

15 management and utilization of dredged mate16 rial, Delaware River, Delaware, New Jersey, 

17 and Pennsylvania, authorized in the matter 

18 under the heading ‘‘INVESTIGATIONS’’ under 

19 the heading ‘‘CORPS OF ENGINEERS—CIVIL’’ 

20 under the heading ‘‘DEPARTMENT OF THE 

21 ARMY’’ in title X of division A of the Disaster 

22 Relief Appropriations Act, 2013 (Public Law 

23 113–2; 127 Stat. 23). 

24 (E) The project for navigation, Seattle 

25 Harbor, Washington, carried out under section 


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1 216 of the Flood Control Act of 1970 (33 

2 U.S.C. 549a). 

3 (F) The project for navigation, Elizabeth 

4 River and Southern Branch, Virginia, carried 

5 out under section 216 of the Flood Control Act 

6 of 1970 (33 U.S.C. 549a). 

7 (G) The project for navigation, Three Riv8 ers, Arkansas, carried out under section 216 of 

9 the Flood Control Act of 1970 (33 U.S.C. 

10 549a). 

11 (H) The project for navigation, San Juan 

12 Harbor, Puerto Rico, described in the study au13 thorized by the resolution adopted by the Com14 mittee on Transportation and Infrastructure of 

15 the House of Representatives on September 20, 

16 2006. 

17 (I) The project for flood risk management 

18 and ecosystem restoration, Espan ̃ola Valley, Rio 

19 Grande and tributaries, New Mexico, described 

20 in the study authorized by the resolution adopt21 ed by the Committee on Environment and Pub22 lic Works of the Senate on December 10, 2009. 

23 (J) The project for ecosystem restoration, 

24 Resacas at Brownsville, Texas, carried out 


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1 under section 206 of the Water Resources De2 velopment Act of 1996 (33 U.S.C. 2330). 

3 (K) The project for flood control, naviga4 tion, and ecosystem restoration, Anacostia Wa5 tershed, Prince George’s County, Maryland, de6 scribed in the study authorized by the resolu7 tion adopted by the Committee on Public Works 

8 and Transportation of the House of Represent9 atives on September 8, 1988. 

10 (L) The project for flood control, Willam11 ette River Basin, Oregon, described in the Wil12 lamette River Basin Review Study authorized 

13 by the resolution adopted by the Committee on 

14 Public Works and Transportation of the House 

15 of Representatives on September 8, 1988. 

16 (M) The project for flood risk management 

17 and coastal storm risk management, Norfolk, 

18 Virginia, authorized in the matter under the 

19 heading ‘‘INVESTIGATIONS’’ under the heading 

20 ‘‘CORPS OF ENGINEERS—CIVIL’’ under the 

21 heading ‘‘DEPARTMENT OF THE ARMY’’ 

22 in title X of division A of the Disaster Relief 

23 Appropriations Act, 2013 (Public Law 113–2; 

24 127 Stat. 23). 


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1 (N) The project for flood risk manage2 ment, Armourdale and Central Industrial Dis3 trict Levee Units, Missouri River and Tribu4 taries at Kansas City, Kansas, authorized by 

5 section 1401(2) of the Water Infrastructure 

6 Improvements for the Nation Act (130 Stat. 

7 1711) (as modified by section 3504). 

8 (O) The project for navigation and hurri9 cane and storm damage reduction, Houma, 

10 Louisiana, authorized by section 1001(24)(B) 

11 of the Water Resources Development Act of 

12 2007 (121 Stat. 1053). 

13 (P) The project for flood risk management, 

14 Souris River Basin, Minot, North Dakota, au15 thorized by section 209 of the Flood Control 

16 Act of 1966 (80 Stat. 1423). 

17 (Q) The project for ecosystem restoration, 

18 Delta Islands and Levees, California, described 

19 in the study authorized by— 

20 (i) the resolution adopted by the Com21 mittee on Public Works of the Senate on 

22 June 1, 1948; 

23 (ii) the resolution adopted by the 

24 Committee on Public Works of the House 

25 of Representatives on May 8, 1948; and 


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1 (iii) House Report 108–357, accom2 panying the Energy and Water Develop3 ment Appropriations Act, 2004 (Public 

4 Law 108–137; 117 Stat. 1827). 

5 (2) PROJECTS FOR WHICH A POST-AUTHORIZA6 TION CHANGE REPORT IS EXPECTED.— 

7 (A) The project for navigation, Chicka8 mauga Lock, Tennessee, authorized by section 

9 114 of the Energy and Water Development Ap10 propriations Act, 2003 (Public Law 108–7; 117 

11 Stat. 140). 

12 (B) The project for ecosystem restoration, 

13 South Florida, Florida, authorized by section 

14 601 of the Water Resources Development Act 

15 of 2000 (114 Stat. 2680). 

16 (C) The project for navigation, Freeport 

17 Harbor, Texas, carried out under section 216 of 

18 the Flood Control Act of 1970 (33 U.S.C. 

19 549a). 

20 (D) The project for Soo Locks, Sault 

21 Sainte Marie, Michigan, authorized by section 

22 1149 of the Water Resources Development Act 

23 of 1986 (100 Stat. 4254; 121 Stat. 1131). 

24 (E) The project for ecosystem restoration, 

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1 tion 1401(4) of the Water Infrastructure Im2 provements for the Nation Act (130 Stat. 

3 1713). 

4 (F) The project for water supply and eco5 system restoration, Howard A. Hanson Dam, 

6 Washington, authorized by section 204 of the 

7 Flood Control Act of 1950 (64 Stat. 180) and 

8 modified by section 101(b)(15) of the Water 

9 Resources Development Act of 1999 (113 Stat. 

10 281). 

11 (G) The project for ecosystem restoration, 

12 Kissimmee River, Florida, authorized by section 

13 101(8) of the Water Resources Development 

14 Act of 1992 (106 Stat. 4802). 

15 (H) The project for flood risk manage16 ment, Green Brook Sub-Basin, Raritan River 

17 Basin, New Jersey, authorized by section 

18 401(a) of the Water Resources Development 

19 Act of 1986 (100 Stat. 4119). 

20 (I) The project for shore protection and 

21 harbor mitigation, Fort Pierce Beach, Florida, 

22 authorized by section 301 of the River and 

23 Harbor Act of 1965 (79 Stat. 1092), section 

24 102 of the River and Harbor Act of 1968 (82 

25 Stat. 732), and section 506(a)(2) of the Water 


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1 Resources Development Act of 1996 (110 Stat. 

2 3757), and modified by section 313 of the 

3 Water Resources Development Act of 1999 

4 (113 Stat. 301). 

5 (J) The project for flood control, 

6 McMicken Dam, Arizona, authorized by section 

7 304 of the Act of August 7, 1953 (67 Stat. 

8 450, chapter 342). 

9 (K) The project for flood protection, Cave 

10 Buttes Dam, Arizona, authorized by section 

11 204 of the Flood Control Act of 1965 (79 Stat. 

12 1083). 

13 (L) The project for navigation, Norfolk 

14 Harbor and Channels, Virginia, authorized by 

15 section 201(a) of the Water Resources Develop16 ment Act of 1986 (100 Stat. 4090). 

17 TITLE V—EPA-RELATED 

18 PROVISIONS 

19 SEC. 5001. STORMWATER INFRASTRUCTURE FUNDING TASK 

20 FORCE. 

21 (a) IN GENERAL.—Not later than 180 days after the 

22 date of enactment of this Act, the Administrator of the 

23 Environmental Protection Agency (referred to in this sec24 tion as the ‘‘Administrator’’) shall establish a voluntary 

25 stormwater infrastructure funding task force comprised of 


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1 representatives of public, private, and Federal entities to 

2 study and develop recommendations to improve the fund3 ing and financing of stormwater infrastructure to ensure 

4 that— 

5 (1) municipalities are able to identify appro6 priate funding sources; and 

7 (2) funding is— 

8 (A) available in all States; 

9 (B) affordable (based on the integrated 

10 planning guidelines described in the Integrated 

11 Municipal Stormwater and Wastewater Plan12 ning Approach Framework, issued by the Envi13 ronmental Protection Agency and dated June 5, 

14 2012); and 

15 (C) sufficient to support capital expendi16 tures and long-term operation and maintenance 

17 costs. 

18 (b) REPORT.—Not later than 18 months after the 

19 date of enactment of this Act, the Administrator shall sub20 mit to Congress a report that describes the results of the 

21 study under subsection (a). 


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1 SEC. 5002. REAUTHORIZATION OF THE WATER INFRA2 STRUCTURE FINANCE AND INNOVATION ACT. 

3 Section 5033 of the Water Infrastructure Finance 

4 and Innovation Act of 2014 (33 U.S.C. 3912) is amend5 ed— 

6 (1) in subsection (a)(5), by striking ‘‘for fiscal 

7 year 2019’’ and inserting ‘‘for each of fiscal years 

8 2019 through 2021’’; and 

9 (2) in subsection (b), by striking ‘‘for each of 

10 fiscal years 2015 through 2019’’ and inserting ‘‘for 

11 each of fiscal years 2015 through 2021’’. 

12 SEC. 5003. INDIAN RESERVATION DRINKING WATER AND 

13 WASTEWATER PILOT PROGRAM. 

14 (a) IN GENERAL.—Subject to the availability of ap15 propriations, the Administrator of the Environmental Pro16 tection Agency shall carry out a pilot program to imple17 ment— 

18 (1) 10 eligible projects described in subsection 

19 (b) that are within the Upper Missouri River Basin; 

20 and 

21 (2) 10 eligible projects described in subsection 

22 (b) that are within the Upper Rio Grande Basin. 

23 (b) ELIGIBLE PROJECTS.—A project eligible to par24 ticipate in the pilot program under subsection (a) is a 

25 project— 


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1 (1) that is on a reservation (as defined in sec2 tion 3 of the Indian Financing Act of 1974 (25 

3 U.S.C. 1452)) that serves a federally recognized In4 dian Tribe; and 

5 (2) the purpose of which is— 

6 (A) to connect, expand, or repair existing 

7 drinking water lines or water towers in order to 

8 improve water quality, pressure, or services; or 

9 (B) to replace or refurbish wastewater la10 goons that are insufficient for current or near11 term community needs or economic growth. 

12 (c) REQUIREMENT.—In carrying out the pilot pro13 gram under subsection (a)(1), the Administrator of the 

14 Environmental Protection Agency shall select not less 

15 than 1 eligible project for a reservation that serves more 

16 than 1 federally recognized Indian Tribe. 

17 SEC. 5004. TECHNICAL ASSISTANCE FOR TREATMENT 

18 WORKS. 

19 (a) IN GENERAL.—Title II of the Federal Water Pol20 lution Control Act (33 U.S.C. 1281 et seq.) is amended 

21 by adding at the end the following: 

22 ‘‘SEC. 222. TECHNICAL ASSISTANCE FOR SMALL TREAT23 MENT WORKS. 

24 ‘‘(a) DEFINITIONS.—In this section: 


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1 ‘‘(1) QUALIFIED NONPROFIT SMALL TREAT2 MENT WORKS TECHNICAL ASSISTANCE PROVIDER.— 

3 The term ‘qualified nonprofit small treatment works 

4 technical assistance provider’ means a nonprofit or5 ganization that, as determined by the Adminis6 trator— 

7 ‘‘(A) is qualified and experienced in pro8 viding training and technical assistance to small 

9 treatment works; and 

10 ‘‘(B) the small treatment works in the 

11 State finds to be the most beneficial and effec12 tive. 

13 ‘‘(2) SMALL TREATMENT WORKS.—The term 

14 ‘small treatment works’ means a publicly owned 

15 treatment works serving not more than 10,000 indi16 viduals. 

17 ‘‘(b) TECHNICAL ASSISTANCE.—The Administrator 

18 may use amounts made available to carry out this section 

19 to provide grants or cooperative agreements to qualified 

20 nonprofit small treatment works technical assistance pro21 viders to provide to owners and operators of small treat22 ment works onsite technical assistance, circuit rider tech23 nical assistance programs, multi-State, regional technical 

24 assistance programs, and onsite and regional training, to 

25 assist the small treatment works in achieving compliance 


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1 with this Act or obtaining financing under this Act for 

2 eligible projects. 

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

4 are authorized to be appropriated to carry out this section 

5 for grants for small treatment works technical assistance, 

6 $15,000,000 for each of fiscal years 2019 through 2021. 

7 ‘‘SEC. 223. TECHNICAL ASSISTANCE FOR MEDIUM TREAT8 MENT WORKS. 

9 ‘‘(a) DEFINITIONS.—In this section: 

10 ‘‘(1) MEDIUM TREATMENT WORKS.—The term 

11 ‘medium treatment works’ means a publicly owned 

12 treatment works serving not fewer than 10,001, and 

13 not more than 75,000, individuals. 

14 ‘‘(2) QUALIFIED NONPROFIT MEDIUM TREAT15 MENT WORKS TECHNICAL ASSISTANCE PROVIDER.— 

16 The term ‘qualified nonprofit medium treatment 

17 works technical assistance provider’ means a quali18 fied nonprofit technical assistance provider of water 

19 and wastewater services to medium-sized commu20 nities that provides technical assistance (including 

21 circuit rider technical assistance programs, multi22 State, regional assistance programs, and training 

23 and preliminary engineering evaluations) to owners 

24 and operators of medium treatment works, which 

25 may include a State agency. 


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1 ‘‘(b) TECHNICAL ASSISTANCE.—The Administrator 

2 may use amounts made available to carry out this section 

3 to provide grants or cooperative agreements to qualified 

4 nonprofit medium treatment works technical assistance 

5 providers to provide to owners and operators of medium 

6 treatment works onsite technical assistance, circuit-rider 

7 technical assistance programs, multi-State, regional tech8 nical assistance programs, and onsite and regional train9 ing to assist medium treatment works that are facing dif10 ficulty in achieving compliance with this Act or obtaining 

11 financing under this Act for eligible projects. 

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

13 is authorized to be appropriated to carry out this section 

14 $10,000,000 for each of fiscal years 2019 through 2021.’’. 

15 (b) WATER POLLUTION CONTROL REVOLVING LOAN

16 FUNDS.— 

17 (1) IN GENERAL.—Section 603 of the Federal 

18 Water Pollution Control Act (33 U.S.C. 1383) is 

19 amended— 

20 (A) in subsection (d)— 

21 (i) in the matter preceding paragraph 

22 (1), by inserting ‘‘and as provided in sub23 section (e)’’ after ‘‘State law’’; 


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1 (ii) by redesignating subsections (e) 

2 through (i) as subsections (f) through (j), 

3 respectively; and 

4 (iii) by inserting after subsection (d) 

5 the following: 

6 ‘‘(e) ADDITIONAL USE OF FUNDS.—A State may use 

7 an additional 2 percent of the funds annually allotted to 

8 the State under this section for qualified nonprofit small 

9 treatment works technical assistance providers (as the 

10 term is defined in section 222) and qualified nonprofit me11 dium treatment works technical assistance providers (as 

12 the term in defined in section 223) to provide technical 

13 assistance to small treatment works (as the term is de14 fined in section 222) and medium treatment works (as the 

15 term is defined in section 223) in the State.’’. 

16 (2) CONFORMING AMENDMENT.—Section 

17 221(d) of the Federal Water Pollution Control Act 

18 (33 U.S.C. 1301(d)) is amended by striking ‘‘section 

19 603(h)’’ and inserting ‘‘section 603(i)’’. 

20 SEC. 5005. CLEAN, SAFE, RELIABLE WATER INFRASTRUC21 TURE. 

22 (a) DRINKING WATER INFRASTRUCTURE.— 

23 (1) OTHER AUTHORIZED ACTIVITIES.—Section 

24 1452(k) of the Safe Drinking Water Act (42 U.S.C. 

25 300j–12(k)) is amended— 


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1 (A) in paragraph (1)(D), by inserting ‘‘and 

2 the implementation of plans to protect source 

3 water identified in a source water assessment 

4 under section 1453’’ before the period at the 

5 end; and 

6 (B) in paragraph (2)(E), by inserting ‘‘and 

7 implement plans to protect source water identi8 fied in a source water assessment under section 

9 1453’’ after ‘‘wellhead protection programs’’. 

10 (2) NEGOTIATION OF CONTRACTS.—Section 

11 1452 of the Safe Drinking Water Act (42 U.S.C. 

12 300j–12) is amended by adding at the end the fol13 lowing: 

14 ‘‘(s) NEGOTIATION OF CONTRACTS.—For commu15 nities with populations of more than 10,000 individuals, 

16 a contract to be carried out using funds directly made 

17 available by a capitalization grant under this section for 

18 program management, construction management, feasi19 bility studies, preliminary engineering, design, engineer20 ing, surveying, mapping, or architectural or related serv21 ices shall be negotiated in the same manner as— 

22 ‘‘(1) a contract for architectural and engineer23 ing services is negotiated under chapter 11 of title 

24 40, United States Code; or 


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1 ‘‘(2) an equivalent State qualifications-based re2 quirement (as determined by the Governor of the 

3 State).’’. 

4 (3) WATERSENSE PROGRAM.—The Safe Drink5 ing Water Act (42 U.S.C. 300j et seq.) is amended 

6 by adding after part F the following: 

7 ‘‘PART G—ADDITIONAL PROVISIONS 

8 ‘‘SEC. 1471. WATERSENSE PROGRAM. 

9 ‘‘(a) ESTABLISHMENT OF WATERSENSE PRO10 GRAM.— 

11 ‘‘(1) IN GENERAL.—There is established within 

12 the Agency a voluntary WaterSense program to 

13 identify and promote water-efficient products, build14 ings, landscapes, facilities, processes, and services 

15 that, through voluntary labeling of, or other forms 

16 of communications regarding, products, buildings, 

17 landscapes, facilities, processes, and services while 

18 meeting strict performance criteria, sensibly— 

19 ‘‘(A) reduce water use; 

20 ‘‘(B) reduce the strain on public and com21 munity water systems and wastewater and 

22 stormwater infrastructure; 

23 ‘‘(C) conserve energy used to pump, heat, 

24 transport, and treat water; and 


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1 ‘‘(D) preserve water resources for future 

2 generations. 

3 ‘‘(2) INCLUSIONS.—The Administrator shall, 

4 consistent with this section, identify water-efficient 

5 products, buildings, landscapes, facilities, processes, 

6 and services, including categories such as— 

7 ‘‘(A) irrigation technologies and services; 

8 ‘‘(B) point-of-use water treatment devices; 

9 ‘‘(C) plumbing products; 

10 ‘‘(D) reuse and recycling technologies; 

11 ‘‘(E) landscaping and gardening products, 

12 including moisture control or water enhancing 

13 technologies; 

14 ‘‘(F) xeriscaping and other landscape con15 versions that reduce water use; 

16 ‘‘(G) whole house humidifiers; and 

17 ‘‘(H) water-efficient buildings or facilities. 

18 ‘‘(b) DUTIES.—The Administrator, coordinating as 

19 appropriate with the Secretary of Energy, shall— 

20 ‘‘(1) establish— 

21 ‘‘(A) a WaterSense label to be used for 

22 items meeting the certification criteria estab23 lished in accordance with this section; and 


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1 ‘‘(B) the procedure, including the methods 

2 and means, and criteria by which an item may 

3 be certified to display the WaterSense label; 

4 ‘‘(2) enhance public awareness regarding the 

5 WaterSense label through outreach, education, and 

6 other means; 

7 ‘‘(3) preserve the integrity of the WaterSense 

8 label by— 

9 ‘‘(A) establishing and maintaining feasible 

10 performance criteria so that products, build11 ings, landscapes, facilities, processes, and serv12 ices labeled with the WaterSense label perform 

13 as well or better than less water-efficient coun14 terparts; 

15 ‘‘(B) overseeing WaterSense certifications 

16 made by third parties, which shall be inde17 pendent third-party product certification bodies 

18 accredited by an accreditation entity domiciled 

19 in the United States, such as the American Na20 tional Standards Institute, as achieving— 

21 ‘‘(i) the requirements described in the 

22 document of the International Organiza23 tion for Standardization and the Inter24 national Electrotechnical Commission enti25 tled ‘ISO/IEC 17065 Conformity assessVerDate Sep 11 2014 23:04 May 22, 2018 Jkt 079200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6401 E:\BILLS\S2800.RS S2800

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1 ment—Requirements for bodies certifying 

2 products, processes and services’ and dated 

3 September 2012; and 

4 ‘‘(ii) the applicable WaterSense re5 quirements; 

6 ‘‘(C) as determined appropriate by the Ad7 ministrator, using testing protocols, from the 

8 appropriate, applicable, and relevant consensus 

9 standards, for the purpose of determining 

10 standards compliance; and 

11 ‘‘(D) auditing the use of the WaterSense 

12 label in the marketplace and preventing cases of 

13 misuse; 

14 ‘‘(4) not more frequently than every 6 years 

15 after adoption or major revision of any WaterSense 

16 specification, review and, if appropriate, revise the 

17 specification to achieve additional water savings; 

18 ‘‘(5) in revising a WaterSense specification— 

19 ‘‘(A) provide reasonable notice to inter20 ested parties and the public of any changes, in21 cluding effective dates, and an explanation of 

22 the changes; 

23 ‘‘(B) solicit comments from interested par24 ties and the public prior to any changes; 


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1 ‘‘(C) as appropriate, respond to comments 

2 submitted by interested parties and the public; 

3 and 

4 ‘‘(D) provide an appropriate transition 

5 time prior to the applicable effective date of any 

6 changes, taking into account the timing nec7 essary for the manufacture, marketing, train8 ing, and distribution of the specific water-effi9 cient product, building, landscape, process, or 

10 service category being addressed; and 

11 ‘‘(6) not later than December 31, 2019, con12 sider for review and revision any WaterSense speci13 fication adopted before January 1, 2012. 

14 ‘‘(c) TRANSPARENCY.—The Administrator shall, to 

15 the maximum extent practicable and not less than annu16 ally, regularly estimate and make available to the public 

17 savings of water, energy, and capital costs of water, waste18 water, and stormwater attributable to the use of 

19 WaterSense-labeled products, buildings, landscapes, facili20 ties, processes, and services. 

21 ‘‘(d) DISTINCTION OF AUTHORITIES.—In setting or 

22 maintaining specifications for Energy Star pursuant to 

23 section 324A of the Energy Policy and Conservation Act 

24 (42 U.S.C. 6294a), and WaterSense under this section, 

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1 ordinate to prevent duplicative or conflicting requirements 

2 among the respective programs. 

3 ‘‘(e) NO WARRANTY.—A WaterSense label shall not 

4 create an express or implied warranty.’’. 

5 (b) SEWER OVERFLOW CONTROL GRANTS.—Section 

6 221 of the Federal Water Pollution Control Act (33 

7 U.S.C. 1301) is amended— 

8 (1) in subsection (a), by striking the subsection 

9 designation and heading and all that follows through 

10 ‘‘subject to subsection (g), the Administrator may’’ 

11 in paragraph (2) and inserting the following: 

12 ‘‘(a) AUTHORITY.—The Administrator may— 

13 ‘‘(1) make grants to States for the purpose of 

14 providing grants to a municipality or municipal enti15 ty for planning, designing, and constructing— 

16 ‘‘(A) treatment works to intercept, trans17 port, control, or treat municipal combined sewer 

18 overflows and sanitary sewer overflows; and 

19 ‘‘(B) measures to manage, reduce, treat, or 

20 recapture stormwater or subsurface drainage 

21 water; and 

22 ‘‘(2) subject to subsection (g),’’; 

23 (2) in subsection (b)— 

24 (A) in paragraph (1), by striking the semi25 colon at the end and inserting ‘‘; or’’; 


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1 (B) by striking paragraphs (2) and (3); 

2 and 

3 (C) by redesignating paragraph (4) as 

4 paragraph (2); 

5 (3) by striking subsections (e) through (g) and 

6 inserting the following: 

7 ‘‘(e) ADMINISTRATIVE REQUIREMENTS.— 

8 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

9 project that receives grant assistance under sub10 section (a) shall be carried out subject to the same 

11 requirements as a project that receives assistance 

12 from a State water pollution control revolving fund 

13 established pursuant to title VI. 

14 ‘‘(2) DETERMINATION OF GOVERNOR.—The re15 quirement described in paragraph (1) shall not apply 

16 to a project that receives grant assistance under 

17 subsection (a) to the extent that the Governor of the 

18 State in which the project is located determines that 

19 a requirement described in title VI is inconsistent 

20 with the purposes of this section. 

21 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

22 is authorized to be appropriated to carry out this section 

23 $225,000,000 for each of fiscal years 2019 and 2020, to 

24 remain available until expended. 


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1 ‘‘(g) ALLOCATION OF FUNDS.—For each of fiscal 

2 years 2019 and 2020, subject to subsection (h), the Ad3 ministrator shall use the amounts made available to carry 

4 out this section to provide grants to municipalities and 

5 municipal entities under subsection (a)(2)— 

6 ‘‘(1) in accordance with the priority criteria de7 scribed in subsection (b); and 

8 ‘‘(2) with additional priority given to proposed 

9 projects that involve the use of— 

10 ‘‘(A) nonstructural, low-impact develop11 ment; 

12 ‘‘(B) water conservation, efficiency, or 

13 reuse; or 

14 ‘‘(C) other decentralized stormwater or 

15 wastewater approaches to minimize flows into 

16 the sewer systems.’’; and 

17 (4) by striking subsection (i). 

18 SEC. 5006. WATER INFRASTRUCTURE FLEXIBILITY. 

19 (a) DEFINITION OF ADMINISTRATOR.—In this sec20 tion, the term ‘‘Administrator’’ means the Administrator 

21 of the Environmental Protection Agency. 

22 (b) INTEGRATED PLANS.— 

23 (1) INTEGRATED PLANS.—Section 402 of the 

24 Federal Water Pollution Control Act (33 U.S.C. 


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1 1342) is amended by adding at the end the fol2 lowing: 

3 ‘‘(s) INTEGRATED PLAN PERMITS.— 

4 ‘‘(1) DEFINITIONS.—In this subsection: 

5 ‘‘(A) GREEN INFRASTRUCTURE.—The 

6 term ‘green infrastructure’ means the range of 

7 measures that use plant or soil systems, per8 meable pavement or other permeable surfaces 

9 or substrates, stormwater harvest and reuse, or 

10 landscaping to store, infiltrate, or evapotranspi11 rate stormwater and reduce flows to sewer sys12 tems or to surface waters. 

13 ‘‘(B) INTEGRATED PLAN.—The term ‘inte14 grated plan’ has the meaning given in Part III 

15 of the Integrated Municipal Stormwater and 

16 Wastewater Planning Approach Framework, 

17 issued by the Environmental Protection Agency 

18 and dated June 5, 2012. 

19 ‘‘(C) MUNICIPAL DISCHARGE.— 

20 ‘‘(i) IN GENERAL.—The term ‘munic21 ipal discharge’ means a discharge from a 

22 treatment works (as defined in section 

23 212) or a discharge from a municipal 

24 storm sewer under subsection (p). 


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1 ‘‘(ii) INCLUSION.—The term ‘munic2 ipal discharge’ includes a discharge of 

3 wastewater or storm water collected from 

4 multiple municipalities if the discharge is 

5 covered by the same permit issued under 

6 this section. 

7 ‘‘(2) INTEGRATED PLAN.— 

8 ‘‘(A) IN GENERAL.—The Administrator (or 

9 a State, in the case of a permit program ap10 proved under subsection (b)) shall inform a mu11 nicipal permittee or multiple municipal permit12 tees of the opportunity to develop an integrated 

13 plan. 

14 ‘‘(B) SCOPE OF PERMIT INCORPORATING

15 INTEGRATED PLAN.—A permit issued under 

16 this subsection that incorporates an integrated 

17 plan may integrate all requirements under this 

18 Act addressed in the integrated plan, including 

19 requirements relating to— 

20 ‘‘(i) a combined sewer overflow; 

21 ‘‘(ii) a capacity, management, oper22 ation, and maintenance program for sani23 tary sewer collection systems; 

24 ‘‘(iii) a municipal stormwater dis25 charge; 


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1 ‘‘(iv) a municipal wastewater dis2 charge; and 

3 ‘‘(v) a water quality-based effluent 

4 limitation to implement an applicable 

5 wasteload allocation in a total maximum 

6 daily load. 

7 ‘‘(3) COMPLIANCE SCHEDULES.— 

8 ‘‘(A) IN GENERAL.—A permit for a munic9 ipal discharge by a municipality that incor10 porates an integrated plan may include a sched11 ule of compliance, under which actions taken to 

12 meet any applicable water quality-based effluent 

13 limitation may be implemented over more than 

14 1 permit term if the compliance schedules are 

15 authorized by State water quality standards. 

16 ‘‘(B) INCLUSION.—Actions subject to a 

17 compliance schedule under subparagraph (A) 

18 may include green infrastructure if imple19 mented as part of a water quality-based effluent 

20 limitation. 

21 ‘‘(C) REVIEW.—A schedule of compliance 

22 may be reviewed each time the permit is re23 newed. 

24 ‘‘(4) EXISTING AUTHORITIES RETAINED.— 


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1 ‘‘(A) APPLICABLE STANDARDS.—Nothing 

2 in this subsection modifies any obligation to 

3 comply with applicable technology and water 

4 quality-based effluent limitations under this 

5 Act. 

6 ‘‘(B) FLEXIBILITY.—Nothing in this sub7 section reduces or eliminates any flexibility 

8 available under this Act, including the authority 

9 of— 

10 ‘‘(i) a State to revise a water quality 

11 standard after a use attainability analysis 

12 under section 131.10(g) of title 40, Code 

13 of Federal Regulations (or a successor reg14 ulation), subject to the approval of the Ad15 ministrator under section 303(c); and 

16 ‘‘(ii) the Administrator or a State to 

17 authorize a schedule of compliance that ex18 tends beyond the date of expiration of a 

19 permit term if the schedule of compliance 

20 meets the requirements of section 122.47 

21 of title 40, Code of Federal Regulations 

22 (as in effect on the date of enactment of 

23 this subsection). 

24 ‘‘(5) CLARIFICATION OF STATE AUTHORITY.— 


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1 ‘‘(A) IN GENERAL.—Nothing in section 

2 301(b)(1)(C) precludes a State from author3 izing in the water quality standards of the 

4 State the issuance of a schedule of compliance 

5 to meet water quality-based effluent limitations 

6 in permits that incorporate provisions of an in7 tegrated plan. 

8 ‘‘(B) TRANSITION RULE.—In any case in 

9 which a discharge is subject to a judicial order 

10 or consent decree as of the date of enactment 

11 of the America’s Water Infrastructure Act of 

12 2018 resolving an enforcement action under 

13 this Act, any schedule of compliance issued pur14 suant to an authorization in a State water qual15 ity standard shall not revise a schedule of com16 pliance in that order or decree unless the order 

17 or decree is modified by agreement of the par18 ties and the court.’’. 

19 (2) MUNICIPAL OMBUDSMAN.— 

20 (A) ESTABLISHMENT.—There is estab21 lished within the Office of the Administrator an 

22 Office of the Municipal Ombudsman. 

23 (B) GENERAL DUTIES.—The duties of the 

24 municipal ombudsman shall include the provi25 sion of— 


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1 (i) technical assistance to municipali2 ties seeking to comply with the Federal 

3 Water Pollution Control Act (33 U.S.C. 

4 1251 et seq.) and the Safe Drinking Water 

5 Act (42 U.S.C. 300f et seq.); and 

6 (ii) information to the Administrator 

7 to help the Administrator ensure that 

8 agency policies are implemented by all of9 fices of the Environmental Protection 

10 Agency, including regional offices. 

11 (C) ACTIONS REQUIRED.—The municipal 

12 ombudsman shall work with appropriate offices 

13 at the headquarters and regional offices of the 

14 Environmental Protection Agency to ensure 

15 that the municipality seeking assistance is pro16 vided information— 

17 (i) about available Federal financial 

18 assistance for which the municipality is eli19 gible; 

20 (ii) about flexibility available under 

21 the Federal Water Pollution Control Act 

22 (33 U.S.C. 1251 et seq.) and, if applicable, 

23 the Safe Drinking Water Act (42 U.S.C. 

24 300f et seq.); and 


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1 (iii) regarding the opportunity to de2 velop an integrated plan, as defined in sec3 tion 402(s)(1)(B) of the Federal Water 

4 Pollution Control Act (as added by para5 graph (1)). 

6 (D) INFORMATION SHARING.—The munic7 ipal ombudsman shall publish on the website of 

8 the Environmental Protection Agency— 

9 (i) general information relating to— 

10 (I) the technical assistance re11 ferred to in subparagraph (B)(i); 

12 (II) the financial assistance re13 ferred to in subparagraph (C)(i); 

14 (III) the flexibility referred to in 

15 subparagraph (C)(ii); and 

16 (IV) any resources related to in17 tegrated plans developed by the Ad18 ministrator; and 

19 (ii) a copy of each permit, order, or 

20 judicial consent decree that implements or 

21 incorporates an integrated plan. 

22 (3) MUNICIPAL ENFORCEMENT.—Section 309 

23 of the Federal Water Pollution Control Act (33 

24 U.S.C. 1319) is amended by adding at the end the 

25 following: 


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1 ‘‘(h) IMPLEMENTATION OF INTEGRATED PLANS

2 THROUGH ENFORCEMENT TOOLS.— 

3 ‘‘(1) IN GENERAL.—In conjunction with an en4 forcement action under subsection (a) or (b) relating 

5 to municipal discharges, the Administrator shall in6 form a municipality of the opportunity to develop an 

7 integrated plan (as defined in section 402(s)). 

8 ‘‘(2) MODIFICATION.—Any municipality under 

9 an administrative order under subsection (a) or set10 tlement agreement (including a judicial consent de11 cree) under subsection (b) that has developed an in12 tegrated plan consistent with section 402(s) may re13 quest a modification of the administrative order or 

14 settlement agreement based on that integrated 

15 plan.’’. 

16 (4) REPORT TO CONGRESS.—Not later than 2 

17 years after the date of enactment of this Act, the 

18 Administrator shall submit to the Committee on En19 vironment and Public Works of the Senate and the 

20 Committee on Transportation and Infrastructure of 

21 the House of Representatives and make publicly 

22 available a report on each integrated plan developed 

23 and implemented through a permit, order, or judicial 

24 consent decree since the date of publication of the 

25 ‘‘Integrated Municipal Stormwater and Wastewater 


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1 Planning Approach Framework’’ issued by the Envi2 ronmental Protection Agency and dated June 5, 

3 2012, including a description of the control meas4 ures, levels of control, estimated costs, and compli5 ance schedules for the requirements implemented 

6 through an integrated plan. 

7 (c) GREEN INFRASTRUCTURE PROMOTION.—Title V 

8 of the Federal Water Pollution Control Act (33 U.S.C. 

9 1361 et seq.) is amended— 

10 (1) by redesignating section 519 (33 U.S.C. 

11 1251 note) as section 520; and 

12 (2) by inserting after section 518 (33 U.S.C. 

13 1377) the following: 

14 ‘‘SEC. 519. ENVIRONMENTAL PROTECTION AGENCY GREEN 

15 INFRASTRUCTURE PROMOTION. 

16 ‘‘(a) IN GENERAL.—The Administrator shall ensure 

17 that the Office of Water, the Office of Enforcement and 

18 Compliance Assurance, the Office of Research and Devel19 opment, and the Office of Policy of the Environmental 

20 Protection Agency promote the use of green infrastructure 

21 in and coordinate the integration of green infrastructure 

22 into, permitting programs, planning efforts, research, 

23 technical assistance, and funding guidance. 

24 ‘‘(b) DUTIES.—The Administrator shall ensure that 

25 the Office of Water— 


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1 ‘‘(1) promotes the use of green infrastructure in 

2 the programs of the Environmental Protection Agen3 cy; and 

4 ‘‘(2) coordinates efforts to increase the use of 

5 green infrastructure with— 

6 ‘‘(A) other Federal departments and agen7 cies; 

8 ‘‘(B) State, tribal, and local governments; 

9 and 

10 ‘‘(C) the private sector. 

11 ‘‘(c) REGIONAL GREEN INFRASTRUCTURE PRO12 MOTION.—The Administrator shall direct each regional of13 fice of the Environmental Protection Agency, as appro14 priate based on local factors, and consistent with the re15 quirements of this Act, to promote and integrate the use 

16 of green infrastructure within the region that includes— 

17 ‘‘(1) outreach and training regarding green in18 frastructure implementation for State, tribal, and 

19 local governments, tribal communities, and the pri20 vate sector; and 

21 ‘‘(2) the incorporation of green infrastructure 

22 into permitting and other regulatory programs, 

23 codes, and ordinance development, including the re24 quirements under consent decrees and settlement 

25 agreements in enforcement actions. 


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1 ‘‘(d) GREEN INFRASTRUCTURE INFORMATION SHAR2 ING.—The Administrator shall promote green infrastruc3 ture information sharing, including through an Internet 

4 website, to share information with, and provide technical 

5 assistance to, State, tribal, and local governments, tribal 

6 communities, the private sector, and the public regarding 

7 green infrastructure approaches for— 

8 ‘‘(1) reducing water pollution; 

9 ‘‘(2) protecting water resources; 

10 ‘‘(3) complying with regulatory requirements; 

11 and 

12 ‘‘(4) achieving other environmental, public 

13 health, and community goals.’’. 

14 (d) FINANCIAL CAPABILITY GUIDANCE.— 

15 (1) DEFINITIONS.—In this subsection: 

16 (A) AFFORDABILITY.—The term ‘‘afford17 ability’’ means, with respect to payment of a 

18 utility bill, a measure of whether an individual 

19 customer or household can pay the bill without 

20 undue hardship or unreasonable sacrifice in the 

21 essential lifestyle or spending patterns of the in22 dividual or household, as determined by the Ad23 ministrator. 

24 (B) FINANCIAL CAPABILITY.—The term 

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1 bility of a community to make investments nec2 essary to make water quality or drinking water 

3 improvements. 

4 (C) GUIDANCE.—The term ‘‘guidance’’ 

5 means the guidance published by the Adminis6 trator entitled ‘‘Combined Sewer Overflows— 

7 Guidance for Financial Capability Assessment 

8 and Schedule Development’’ and dated Feb9 ruary 1997, as applicable to the combined 

10 sewer overflows and sanitary sewer overflows 

11 guidance published by the Administrator enti12 tled ‘‘Financial Capability Assessment Frame13 work’’ and dated November 24, 2014. 

14 (2) USE OF MEDIAN HOUSEHOLD INCOME.— 

15 The Administrator shall not use median household 

16 income as the sole indicator of affordability for a 

17 residential household. 

18 (3) REVISED GUIDANCE.— 

19 (A) IN GENERAL.—Not later than 1 year 

20 after the date of completion of the National 

21 Academy of Public Administration study to es22 tablish a definition and framework for commu23 nity affordability required by Senate Report 

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1 gress), the Administrator shall revise the guid2 ance described in paragraph (1)(C). 

3 (B) USE OF GUIDANCE.—Beginning on the 

4 date on which the revised guidance referred to 

5 in subparagraph (A) is finalized, the Adminis6 trator shall use the revised guidance in lieu of 

7 the guidance described in paragraph (1)(C). 

8 (4) CONSIDERATION AND CONSULTATION.— 

9 (A) CONSIDERATION.—In revising the 

10 guidance, the Administrator shall consider— 

11 (i) the recommendations of the study 

12 referred to in paragraph (3)(A) and any 

13 other relevant study, as determined by the 

14 Administrator; 

15 (ii) local economic conditions, includ16 ing site-specific local conditions that should 

17 be taken into consideration in analyzing fi18 nancial capability; 

19 (iii) other essential community invest20 ments; 

21 (iv) potential adverse impacts on dis22 tressed populations, including the percent23 age of low-income ratepayers within the 

24 service area of a utility and impacts in 

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1 ditions throughout the entire service area 

2 of a utility; 

3 (v) the degree to which rates of low4 income consumers would be affected by 

5 water infrastructure investments, the use 

6 of rate structures, and customer assistance 

7 programs to address the rates of low-in8 come consumers; 

9 (vi) an evaluation of an array of fac10 tors, the relative importance of which may 

11 vary across regions and localities; and 

12 (vii) the appropriate weight for eco13 nomic, public health, and environmental 

14 benefits. 

15 (B) CONSULTATION.—Any revised guid16 ance issued to replace the guidance shall be de17 veloped in consultation with stakeholders. 

18 (5) PUBLICATION AND SUBMISSION.— 

19 (A) IN GENERAL.—On completion of the 

20 revision of the guidance, the Administrator 

21 shall publish in the Federal Register and sub22 mit to the Committee on Environment and 

23 Public Works of the Senate and the Committee 

24 on Transportation and Infrastructure of the 

25 House of Representatives the revised guidance. 


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1 (B) EXPLANATION.—If the Administrator 

2 makes a determination not to follow one or 

3 more recommendations of the study referred to 

4 in paragraph (3)(A), the Administrator shall in5 clude in the publication and submission under 

6 paragraph (1) an explanation of that decision. 

7 (6) EFFECT.—Nothing in this subsection pre8 empts or interferes with any obligation to comply 

9 with any Federal law, including the Federal Water 

10 Pollution Control Act (33 U.S.C. 1251 et seq.). 

11 SEC. 5007. WATER RESOURCES RESEARCH ACT AMEND12 MENTS. 

13 (a) CONGRESSIONAL FINDINGS AND DECLARA14 TIONS.—Section 102 of the Water Resources Research 

15 Act of 1984 (42 U.S.C. 10301) is amended— 

16 (1) by redesignating paragraphs (7) through 

17 (9) as paragraphs (8) through (10), respectively; 

18 (2) in paragraph (8) (as so redesignated), by 

19 striking ‘‘and’’ at the end; and 

20 (3) by inserting after paragraph (6) the fol21 lowing: 

22 ‘‘(7) additional research is required into in23 creasing the effectiveness and efficiency of new and 

24 existing treatment works through alternative ap25 proaches, including— 


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1 ‘‘(A) nonstructural alternatives; 

2 ‘‘(B) decentralized approaches; 

3 ‘‘(C) energy use efficiency; 

4 ‘‘(D) water use efficiency; and 

5 ‘‘(E) actions to extract energy from waste6 water;’’. 

7 (b) CLARIFICATION OF RESEARCH ACTIVITIES.—Sec8 tion 104(b)(1) of the Water Resources Research Act of 

9 1984 (42 U.S.C. 10303(b)(1)) is amended— 

10 (1) in subparagraph (B)(ii), by striking ‘‘water11 related phenomena’’ and inserting ‘‘water re12 sources’’; and 

13 (2) in subparagraph (D), by striking the period 

14 at the end and inserting ‘‘; and’’. 

15 (c) COMPLIANCE REPORT.—Section 104(c) of the 

16 Water Resources Research Act of 1984 (42 U.S.C. 

17 10303(c)) is amended— 

18 (1) by striking ‘‘(c) From the’’ and inserting 

19 the following: 

20 ‘‘(c) GRANTS.— 

21 ‘‘(1) IN GENERAL.—From the’’; and 

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

23 ‘‘(2) REPORT.—Not later than December 31 of 

24 each fiscal year, the Secretary shall submit to the 

25 Committee on Environment and Public Works of the 


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1 Senate, the Committee on the Budget of the Senate, 

2 the Committee on Transportation and Infrastructure 

3 of the House of Representatives, and the Committee 

4 on the Budget of the House of Representatives a re5 port regarding the compliance of each funding re6 cipient with this subsection for the immediately pre7 ceding fiscal year.’’. 

8 (d) EVALUATION OF WATER RESOURCES RESEARCH

9 PROGRAM.—Section 104 of the Water Resources Research 

10 Act of 1984 (42 U.S.C. 10303) is amended by striking 

11 subsection (e) and inserting the following: 

12 ‘‘(e) EVALUATION OF WATER RESOURCES RESEARCH

13 PROGRAM.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall con15 duct a careful and detailed evaluation of each insti16 tute at least once every 3 years to determine— 

17 ‘‘(A) the quality and relevance of the water 

18 resources research of the institute; 

19 ‘‘(B) the effectiveness of the institute at 

20 producing measured results and applied water 

21 supply research; and 

22 ‘‘(C) whether the effectiveness of the insti23 tute as an institution for planning, conducting, 

24 and arranging for research warrants continued 

25 support under this section. 


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1 ‘‘(2) PROHIBITION ON FURTHER SUPPORT.—If, 

2 as a result of an evaluation under paragraph (1), the 

3 Secretary determines that an institute does not qual4 ify for further support under this section, no further 

5 grants to the institute may be provided until the 

6 qualifications of the institute are reestablished to the 

7 satisfaction of the Secretary.’’. 

8 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

9 104(f)(1) of the Water Resources Research Act of 1984 

10 (42 U.S.C. 10303(f)(1)) is amended by striking 

11 ‘‘$12,000,000 for each of fiscal years 2007 through 2011’’ 

12 and inserting ‘‘$7,500,000 for each of fiscal years 2019 

13 through 2021’’. 

14 (f) ADDITIONAL APPROPRIATIONS WHERE RE15 SEARCH FOCUSED ON WATER PROBLEMS OF INTERSTATE

16 NATURE.—Section 104(g)(1) of the Water Resources Re17 search Act of 1984 (42 U.S.C. 10303(g)(1)) is amended 

18 in the first sentence, by striking ‘‘$6,000,000 for each of 

19 fiscal years 2007 through 2011’’ and inserting 

20 ‘‘$1,500,000 for each of fiscal years 2019 through 2021’’. 

21 SEC. 5008. STUDY ON INTRACTABLE WATER SYSTEMS. 

22 Part E of the Safe Drinking Water Act (42 U.S.C. 

23 300j et seq.) is amended by adding at the end the fol24 lowing: 


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1 ‘‘SEC. 1459C. STUDY ON INTRACTABLE WATER SYSTEMS. 

2 ‘‘(a) DEFINITION OF INTRACTABLE WATER SYS3 TEM.—In this section, the term ‘intractable water system’ 

4 means a community water system or a noncommunity 

5 water system— 

6 ‘‘(1) that serves fewer than 1,000 individuals; 

7 and 

8 ‘‘(2) the owner or operator of which— 

9 ‘‘(A) is unable or unwilling to provide safe 

10 and adequate service to those individuals; 

11 ‘‘(B) has abandoned or effectively aban12 doned the community water system or non13 community water system, as applicable; 

14 ‘‘(C) has defaulted on a financial obliga15 tion relating to the community water system or 

16 noncommunity water system, as applicable; 

17 ‘‘(D) fails to maintain the facilities of the 

18 community water system or noncommunity 

19 water system, as applicable, in a manner so as 

20 to prevent a potential public health hazard; or 

21 ‘‘(E) is in significant noncompliance with 

22 this Act or any regulation promulgated pursu23 ant to this Act. 

24 ‘‘(b) STUDY REQUIRED.— 

25 ‘‘(1) IN GENERAL.—Not later than 2 years 

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1 ministrator, in consultation with the Secretary of 

2 Agriculture and the Secretary of Health and Human 

3 Services, shall complete a study that— 

4 ‘‘(A) identifies intractable water systems; 

5 and 

6 ‘‘(B) describes barriers to delivery of pota7 ble water to individuals served by an intractable 

8 water system. 

9 ‘‘(2) REPORT TO CONGRESS.—Not later than 2 

10 years after the date of enactment of this section, the 

11 Administrator shall submit to Congress a report de12 scribing findings and recommendations based on the 

13 study under this subsection. 

14 ‘‘(c) COMPLIANCE INCENTIVE.—Section 1414(h)(2) 

15 shall apply to any person carrying out a plan to address 

16 an intractable water system that is approved by— 

17 ‘‘(1) in the case of a State with primary en18 forcement responsibility under section 1413, the 

19 State; or 

20 ‘‘(2) in the case of a State that does not have 

21 primary enforcement responsibility, the Adminis22 trator.’’. 

23 SEC. 5009. NATIONAL ONSITE WASTEWATER RECYCLING. 

24 (a) SENSE OF CONGRESS.—It is the sense of Con25 gress that providing communities with the knowledge and 


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1 resources necessary to fully use decentralized wastewater 

2 systems can provide affordable wastewater recycling and 

3 treatment to millions of people in the United States. 

4 (b) DEFINITION OF ADMINISTRATOR.—In this sec5 tion, the term ‘‘Administrator’’ means the Administrator 

6 of the Environmental Protection Agency. 

7 (c) WASTEWATER TECHNOLOGY CLEARINGHOUSE.— 

8 (1) IN GENERAL.—The Administrator shall— 

9 (A) for each of the programs described in 

10 paragraph (2), update the information for those 

11 programs to include information on cost-effec12 tive and alternative wastewater recycling and 

13 treatment systems, including onsite and decen14 tralized systems; and 

15 (B) disseminate to units of local govern16 ment and nonprofit organizations seeking Fed17 eral funds for wastewater systems information 

18 on the cost effectiveness of alternative waste19 water treatment and recycling systems, includ20 ing onsite and decentralized systems. 

21 (2) PROGRAMS DESCRIBED.—The programs re22 ferred to in paragraph (1)(A) are programs that 

23 provide technical assistance for wastewater manage24 ment, including— 


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1 (A) programs for nonpoint source manage2 ment under section 319 of the Federal Water 

3 Pollution Control Act (33 U.S.C. 1329); 

4 (B) the permit program for the disposal of 

5 sewer sludge under section 405 of the Federal 

6 Water Pollution Control Act (33 U.S.C. 1345); 

7 (C) technical assistance for small public 

8 water systems under section 1442(e) of the 

9 Safe Drinking Water Act (42 U.S.C. 300j– 

10 2(e)); and 

11 (D) other programs of the Administrator 

12 that provide technical assistance for wastewater 

13 management. 

14 (d) ALTERNATIVE WASTEWATER SYSTEM CERTIFI15 CATION.— 

16 (1) CLEAN WATER STATE REVOLVING FUNDS.— 

17 Section 603 of the Federal Water Pollution Control 

18 Act (33 U.S.C. 1383) (as amended by section 

19 5004(b)(1)) is amended by adding at the end the 

20 following: 

21 ‘‘(k) ALTERNATIVE WASTEWATER SYSTEM CERTIFI22 CATION.—In providing assistance from the water pollution 

23 control revolving fund of the State established in accord24 ance with this title for a project for a wastewater system 

25 serving a population of not more than 2,500, the State 


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1 shall ensure that an entity receiving assistance from the 

2 water pollution control revolving fund of the State certifies 

3 that the entity has considered an individual or shared on4 site, decentralized wastewater system as an alternative 

5 wastewater system.’’. 

6 (2) WIFIA.—Section 5028(a) of the Water In7 frastructure Finance and Innovation Act of 2014 

8 (33 U.S.C. 3907(a)) is amended by adding at the 

9 end the following: 

10 ‘‘(7) ALTERNATIVE WASTEWATER SYSTEM CER11 TIFICATION.—In the case of a project carried out by 

12 the Administrator, the Administrator shall ensure 

13 that, for a project for a wastewater system serving 

14 a population of not more than 2,500, the eligible en15 tity receiving financial assistance certifies that the 

16 eligible entity has considered an individual or shared 

17 onsite, decentralized wastewater system as an alter18 native wastewater system.’’. 

19 (3) WATER AND WASTE DISPOSAL LOAN &

20 GRANT PROGRAM.—Section 306(a) of the Consoli21 dated Farm and Rural Development Act (7 U.S.C. 

22 1926(a)) is amended by adding at the end the fol23 lowing: 

24 ‘‘(27) ALTERNATIVE WASTEWATER SYSTEM

25 CERTIFICATION.—The Secretary shall ensure that, 


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1 for a wastewater project serving a population of not 

2 more than 2,500, the recipient of the financial as3 sistance certifies that the recipient has considered an 

4 individual or shared onsite, decentralized wastewater 

5 system as an alternative wastewater system.’’. 

6 (e) REPORT TO CONGRESS.—Not later than 1 year 

7 after the date of enactment of this Act, and not less fre8 quently than every 3 years thereafter, the Administrator 

9 shall submit to Congress a report that describes— 

10 (1) the amount of financial assistance provided 

11 by State water pollution control revolving funds es12 tablished under title VI of the Federal Water Pollu13 tion Control Act (33 U.S.C. 1381 et seq.) to deploy 

14 decentralized wastewater recycling technology; 

15 (2) the barriers impacting greater use of decen16 tralized wastewater recycling technologies; 

17 (3) the cost-saving potential to communities 

18 and future infrastructure investments from further 

19 deployment of decentralized wastewater recycling 

20 technology; 

21 (4) the environmental benefits to the commu22 nity and groundwater quality from additional invest23 ments in decentralized wastewater recycling; and 


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1 (5) the actions taken by the Administrator to 

2 assist States in identifying eligible projects using de3 centralized wastewater recycling technology. 

4 SEC. 5010. WATER INFRASTRUCTURE AND WORKFORCE IN5 VESTMENT. 

6 (a) SENSE OF CONGRESS.—It is the sense of Con7 gress that— 

8 (1) water and wastewater utilities provide a 

9 unique opportunity for access to stable, high-quality 

10 careers; 

11 (2) as water and wastewater utilities make crit12 ical investments in infrastructure, water and waste13 water utilities can invest in the development of local 

14 workers and local small businesses to strengthen 

15 communities and ensure a strong pipeline of skilled 

16 and diverse workers for today and tomorrow; and 

17 (3) to further the goal of ensuring a strong 

18 pipeline of skilled and diverse workers in the water 

19 and wastewater utilities sector, Congress urges— 

20 (A) increased collaboration among Federal, 

21 State, and local governments; and 

22 (B) institutions of higher education, ap23 prentice programs, high schools, and other com24 munity-based organizations to align workforce 

25 training programs and community resources 


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1 with water and wastewater utilities to accelerate 

2 career pipelines and provide access to workforce 

3 opportunities. 

4 (b) DEFINITION OF INTRACTABLE WATER SYS5 TEM.—In this section, the term ‘‘intractable water sys6 tem’’ means a community water system or a noncommu7 nity water system (as those terms are defined in section 

8 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)) 

9 that— 

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 obligation 

19 relating to the community water system or non20 community water system, as applicable; 

21 (D) fails to maintain the facilities of the 

22 community water system or noncommunity 

23 water system, as applicable, in a manner so as 

24 to prevent a potential public health hazard; or 


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1 (E) is in significant noncompliance with 

2 the Safe Drinking Water Act (42 U.S.C. 300f 

3 et seq.) or any regulation promulgated pursuant 

4 to that Act. 

5 (c) INNOVATIVE WATER INFRASTRUCTURE WORK6 FORCE DEVELOPMENT PROGRAM.— 

7 (1) GRANTS AUTHORIZED.—The Administrator 

8 of the Environmental Protection Agency (referred to 

9 in this section as the ‘‘Administrator’’) and the Sec10 retary shall establish a competitive grant program to 

11 assist the development of innovative activities relat12 ing to workforce development in the water utility 

13 sector. 

14 (2) SELECTION OF GRANT RECIPIENTS.—In 

15 awarding grants under paragraph (1), the Adminis16 trator or the Secretary, as applicable, shall, to the 

17 maximum extent practicable, select— 

18 (A) water utilities that— 

19 (i) are geographically diverse; 

20 (ii) address the workforce and human 

21 resources needs of large and small public 

22 water and wastewater utilities; 

23 (iii) address the workforce and human 

24 resources needs of urban and rural public 

25 water and wastewater utilities; 


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1 (iv) advance training relating to con2 struction, utility operations, treatment and 

3 distribution, green infrastructure, customer 

4 service, maintenance, and engineering; and 

5 (v)(I) have a high retiring workforce 

6 rate; or 

7 (II) are located in areas with a high 

8 unemployment rate; or 

9 (B) intractable water systems. 

10 (3) USE OF FUNDS.—Grants awarded under 

11 paragraph (1) may be used for activities such as— 

12 (A) targeted internship, apprenticeship, 

13 preapprenticeship, and post-secondary bridge 

14 programs for mission-critical skilled trades, in 

15 collaboration with labor organizations, commu16 nity colleges, and other training and education 

17 institutions that provide— 

18 (i) on-the-job training; 

19 (ii) soft and hard skills development; 

20 (iii) test preparation for skilled trade 

21 apprenticeships; or 

22 (iv) other support services to facilitate 

23 post-secondary success; 

24 (B) kindergarten through 12th grade and 

25 young adult education programs that— 


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1 (i) educate young people about the 

2 role of water and wastewater utilities in 

3 the communities of the young people; 

4 (ii) increase the career awareness and 

5 exposure of the young people to water util6 ity careers through various work-based 

7 learning opportunities inside and outside 

8 the classroom; and 

9 (iii) connect young people to post-sec10 ondary career pathways related to water 

11 utilities; 

12 (C) regional industry and workforce devel13 opment collaborations to identify water utility 

14 employment needs, map existing career path15 ways, support the development of curricula, fa16 cilitate the sharing of resources, and coordinate 

17 candidate development, staff preparedness ef18 forts, and activities that engage and support— 

19 (i) water utilities employers; 

20 (ii) educational and training institu21 tions; 

22 (iii) local community-based organiza23 tions; 

24 (iv) public workforce agencies; and 

25 (v) other related stakeholders; 


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1 (D) integrated learning laboratories em2 bedded in high schools or other secondary edu3 cational institutions that provide students 

4 with— 

5 (i) hands-on, contextualized learning 

6 opportunities; 

7 (ii) dual enrollment credit for post8 secondary education and training pro9 grams; and 

10 (iii) direct connection to industry em11 ployers; and 

12 (E) leadership development, occupational 

13 training, mentoring, or cross-training programs 

14 that ensure that incumbent water and waste15 water utilities workers are prepared for higher16 level supervisory or management-level positions. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated such sums as are nec19 essary to carry out this section. 

20 SEC. 5011. SENSE OF CONGRESS RELATING TO STATE RE21 VOLVING FUNDS. 

22 It is the sense of Congress that Congress should pro23 vide robust funding of capitalization grants to States to 

24 fund drinking water treatment revolving loan funds estab25 lished under section 1452 of the Safe Drinking Water Act 


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1 (42 U.S.C. 300j–12) and the State water pollution control 

2 revolving funds established under title VI of the Federal 

3 Water Pollution Control Act (33 U.S.C. 1381 et seq.). 

4 SEC. 5012. GAO STUDY ON WIFIA PROJECTS IN SMALL COM5 MUNITIES, RURAL COMMUNITIES, DISADVAN6 TAGED COMMUNITIES, AND TRIBAL COMMU7 NITIES. 

8 Not later than 1 year after the date of enactment 

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

10 shall— 

11 (1) conduct a study on how to create flexibility 

12 under the Water Infrastructure Finance and Innova13 tion Act (33 U.S.C. 3901 et seq.) for small commu14 nities, rural communities, disadvantaged commu15 nities, and Tribal communities, including— 

16 (A) ways to improve access to assistance 

17 under that Act for those communities; and 

18 (B) how to lower the burden of applying 

19 for assistance under that Act for those commu20 nities; and 

21 (2) submit to Congress a report that describes 

22 the results of the study under paragraph (1). 

23 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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


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

2 this Act is as follows: 

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. 

Sec. 1037. Non-Federal construction. 

Sec. 1038. Contributed funds for non-Federal reservoir operations. 

Sec. 1039. Mitigation bank credit release schedules. 

Sec. 1040. Innovative materials report. 

Sec. 1041. Updates to benefit-cost analysis. 


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Sec. 1042. Local government water management plans. 

Sec. 1043. Access to real estate data. 

Sec. 1044. Advanced funds for discrete segments. 

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

Sec. 1046. Categorical exclusions. 

Sec. 1047. Geomatic data. 

Sec. 1048. Flexibility for projects. 

Sec. 1049. Credit in lieu of reimbursement. 

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. 

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. 

Sec. 2111. Certain disposition studies. 

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

Sec. 2113. Kissimmee River restoration. 

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

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. 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. 


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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. 

Sec. 2323. Houma Navigation Canal, Louisiana. 

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. 

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. 

Sec. 3102. McClellan-Kerr Arkansas River Navigation System. 

PART II—PORTS AND HARBORS

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

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

Sec. 3113. 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. 

Sec. 3119. Beneficial use of dredged sediment. 

Sec. 3120. Rule for beach nourishment and shoreline protection projects. 

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. 


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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. 

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

Subtitle E—Sediment Management 

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. 

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

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. 

Sec. 3611. Middle Rio Grande peak flow restoration. 

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

refuge in New England. 

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

Sec. 3614. Report on Corps of Engineers activities. 


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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. 

Sec. 3811. References to Indian tribes. 

TITLE IV—SENSE OF CONGRESS RELATING TO CERTAIN PROJECTS 

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

TITLE V—EPA-RELATED PROVISIONS 

Sec. 5001. Stormwater infrastructure funding task force. 

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

Act. 

Sec. 5003. Indian 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. 

Sec. 5013. American iron and steel products. 

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

Sec. 5015. Innovative financing for State loan funds. 

Sec. 5016. Water infrastructure resiliency and sustainability. 

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

1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Secretary 

3 of the Army. 


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1 TITLE I—GENERAL PROVISIONS 

2 SEC. 1001. CORPS BUDGETING. 

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

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

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

6 (A) districts of the Corps of Engineers to 

7 manage projects and initiatives of regional, 

8 Tribal, and local significance; and 

9 (B) the headquarters office of the Corps of 

10 Engineers to manage projects and initiatives of 

11 national significance; 

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

13 for each district of the Corps of Engineers and to give 

14 responsibility to those districts to develop and imple15 ment the district 5-year budget and work plan; and 

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

17 and stakeholder input in the process to improve budg18 eting of activities by the Secretary. 

19 (b) DEFINITIONS.—In this section: 

20 (1) ASSISTANT SECRETARY.—The term ‘‘Assist21 ant Secretary’’ means the Assistant Secretary of the 

22 Army for Civil Works. 

23 (2) COM ACCOUNTS.— 

24 (A) IN GENERAL.—The term ‘‘COM ac25 counts’’ means— 


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1 (i) the Civil Works Program Construc2 tion appropriations account of the Sec3 retary; and 

4 (ii) the Civil Works Program Oper5 ation and Maintenance appropriations ac6 count of the Secretary. 

7 (B) INCLUSION.—The term ‘‘COM ac8 counts’’ includes the portions of the Civil Works 

9 Program Mississippi River and Tributaries ap10 propriations account of the Secretary specifically 

11 relating to— 

12 (i) construction; or 

13 (ii) operations and maintenance. 

14 (3) COST-SHARE PARTNER.—The term ‘‘cost15 share partner’’ means a non-Federal government 

16 agency or other entity that is legally obligated— 

17 (A) to participate in project plan develop18 ment; or 

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

20 plan development or project implementation. 

21 (4) DISTRICT 5-YEAR BUDGET AND WORK

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

23 plan’’ means a report by an appropriate District En24 gineer under subsection (e) that— 

25 (A) includes— 


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1 (i) the district work plan for the fiscal 

2 year; and 

3 (ii) the district budget proposal for the 

4 4-year period following the fiscal year to 

5 fund increments of work within the jurisdic6 tion of the district; 

7 (B) is based on— 

8 (i) an allocation provided for a fiscal 

9 year; and 

10 (ii) estimates based on the allocation 

11 under clause (i), assuming an annual 

12 growth rate of 2 percent; and 

13 (C) contains— 

14 (i) a list of projects and initiatives of 

15 regional, Tribal, or local significance to be 

16 carried out through the COM account; 

17 (ii) a list of studies that the District 

18 Engineer determines would potentially pro19 vide value to the United States to be carried 

20 out through the Investigations account; and 

21 (iii) a list of projects and initiatives of 

22 national significance to be carried out 

23 through the COM accounts, if the project or 

24 initiative is selected to be carried out. 


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1 (5) GOVERNMENT AGENCIES.—The term ‘‘govern2 ment agencies’’ means Federal and non-Federal gov3 ernment agencies that can provide authority, exper4 tise, or funding, in cases in which the Secretary has 

5 limited authority or in which the government agency 

6 can assist in developing a project alternative, to col7 laborate on projects and plans relating to— 

8 (A) flood damage reduction and risk man9 agement; 

10 (B) reliable water supply; 

11 (C) ecosystem restoration; and 

12 (D) other business lines. 

13 (6) HEADQUARTERS 5-YEAR BUDGET AND WORK

14 PLAN.—The term ‘‘headquarters 5-year budget and 

15 work plan’’ means a report by the Chief of Engineers 

16 under subsection (d) that— 

17 (A) includes— 

18 (i) the Corps of Engineers work plan 

19 for the fiscal year; and 

20 (ii) the Corps of Engineers budget pro21 posal for the 4-year period following the fis22 cal year to fund increments of work to be 

23 carried out that is considered to be of re24 gional, Tribal, or local significance; and 

25 (B) is based on— 


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1 (i) an amount provided for the fiscal 

2 year through an appropriations Act; and 

3 (ii) estimates based on the amount 

4 under clause (i), assuming an annual 

5 growth rate of 2 percent. 

6 (7) INTEGRATED WATER RESOURCE MANAGE7 MENT.—The term ‘‘integrated water resource manage8 ment’’ means a holistic and mission-integrated proc9 ess that— 

10 (A) focuses on water resources challenges 

11 and opportunities; and 

12 (B) promotes collaboration with cost-share 

13 partners, relevant government agencies, and 

14 stakeholders for coordinated development and ac15 tive management of water and related re16 sources— 

17 (i) to align authorities and funding; 

18 (ii) to provide opportunities for infor19 mation sharing; and 

20 (iii) to support complementary and in21 tegrated solutions to problems across Fed22 eral and non-Federal boundaries to deliver 

23 value to the United States based on re24 gional, Tribal, or local benefits. 

25 (8) INVESTIGATIONS ACCOUNT.— 


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1 (A) IN GENERAL.—The term ‘‘Investigations 

2 account’’ means the Civil Works Program Inves3 tigations appropriations account of the Sec4 retary. 

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

6 account’’ includes the portions of the Civil Works 

7 Program Mississippi River and Tributaries ap8 propriations account of the Secretary specifically 

9 relating to investigations. 

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

11 project, program, or activity carried out by the Corps 

12 of Engineers. 

13 (10) PROJECT OR INITIATIVE OF NATIONAL SIG14 NIFICANCE.—The term ‘‘project or initiative of na15 tional significance’’ means a Corps of Engineers ac16 tivity that— 

17 (A) provides value to the United States; and 

18 (B) satisfies the economic analysis or as19 sumption and other legal and policy require20 ments, including the benefit-cost ratio, for poten21 tial inclusion in the budget transmitted under 

22 section 1105(a) of title 31, United States Code. 

23 (11) PROJECT OR INITIATIVE OF REGIONAL, 

24 TRIBAL, OR LOCAL SIGNIFICANCE.—The term ‘‘project 


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1 or initiative of regional, Tribal, or local significance’’ 

2 means a Corps of Engineers activity that— 

3 (A) provides value to the United States; but 

4 (B) does not satisfy the requirements to be 

5 considered a project or initiative of national sig6 nificance. 

7 (12) VALUE TO THE UNITED STATES.—The term 

8 ‘‘value to the United States’’, with respect to a 

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

10 Tribe, or a locality, means— 

11 (A) the enhancement or stabilization of the 

12 regional, Tribal, or local economy; 

13 (B) the restoration or protection of the re14 gional, Tribal, or local environment; or 

15 (C) the provision of health, safety, and gen16 eral welfare to maintain or improve the quality 

17 of life of the people of the United States. 

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

19 plan process’’ means the process used by the Secretary 

20 and the Chief of Engineers on the date of enactment 

21 of this Act by which funds that are not allocated to 

22 a specified project in an appropriations Act (includ23 ing the statement of managers for such an Act) are 

24 subdivided into various categories within the areas 

25 of— 


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1 (A) navigation; 

2 (B) flood risk management; and 

3 (C) other authorized project purposes. 

4 (c) BUDGET RECOMMENDATIONS BY SECRETARY.— 

5 (1) IN GENERAL.—Not less frequently than once 

6 each fiscal year, the Secretary shall make rec7 ommendations to Congress on the date that the budget 

8 is transmitted under section 1105(a) of title 31, 

9 United States Code, for the allocation and appropria10 tion of amounts for that fiscal year in each of the 

11 major business lines for the Investigations account 

12 and the COM accounts for allocation to each district 

13 of the Corps of Engineers, for use by— 

14 (A) the District Engineer; and 

15 (B) the civilian Deputy District Engineer 

16 for Programs and Project Management. 

17 (2) EFFECT OF SUBSECTION.—Except as specifi18 cally provided in this subsection, nothing in this sub19 section affects any other appropriations account of the 

20 Secretary, including— 

21 (A) the Regulatory appropriations account; 

22 (B) the Expenses appropriations account; 

23 (C) the Formerly Utilized Sites Remedial 

24 Action Program appropriations account; 


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1 (D) the Flood Control and Coastal Emer2 gencies appropriations account; 

3 (E) the Office of the Assistant Secretary of 

4 the Army for Civil Works appropriations ac5 count; 

6 (F) the revolving fund established by section 

7 101 of the Civil Functions Appropriations Act, 

8 1954 (33 U.S.C. 576); and 

9 (G) the automation development program 

10 pursuant to House Report 103–135, accom11 panying the Energy and Water Development Ap12 propriations Act, 1996 (Public Law 104–46; 109 

13 Stat. 402). 

14 (d) HEADQUARTERS 5-YEAR BUDGET AND WORK

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

16 the date that the budget is transmitted under section 

17 1105(a) of title 31, United States Code, the Secretary shall 

18 submit to Congress the headquarters 5-year budget and 

19 work plan. 

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

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

22 each fiscal year, on the date that the budget is trans23 mitted under section 1105(a) of title 31, United 

24 States Code, each District Engineer and civilian Dep25 uty District Engineer for Programs and Project ManVerDate Sep 11 2014 23:04 May 22, 2018 Jkt 079200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6203 E:\BILLS\S2800.RS S2800

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1 agement shall submit to Congress a district 5-year 

2 budget and work plan. 

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

4 work plan under paragraph (1)— 

5 (A) may include any project under the ju6 risdiction of the applicable District Engineer 

7 that is not included in the budget transmitted 

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

9 Code; and 

10 (B) shall prioritize the projects based on the 

11 value to the United States of each project. 

12 (3) LEADERSHIP INPUT.—The headquarters of13 fice and Major Subordinate Command of the Corps of 

14 Engineers shall provide appropriate quality assur15 ance guidance in the preparation of each district 5- 

16 year budget and work plan. 

17 (f) PUBLIC PARTICIPATION.—The Secretary shall issue 

18 guidance that requires that for the development of, or any 

19 proposed major substantive modification to, a district 5- 

20 year budget and work plan, each District Engineer for each 

21 district shall, not less frequently than annually— 

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

23 agencies, and stakeholders— 

24 (A) notice and an opportunity for comment 

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


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1 to the Secretary or to the District Engineer com2 ments, including through written submission of 

3 data, opinions, or arguments, with or without an 

4 opportunity for oral presentation; 

5 (B) written responses to comments received 

6 under subparagraph (A); and 

7 (C) a process through which cost-share part8 ners, government agencies, and stakeholders may 

9 appeal decisions of the District Engineer regard10 ing the contents of the district 5-year budget and 

11 work plan under subsection (e)(1) to the Major 

12 Subordinate Command with jurisdiction over the 

13 District; 

14 (2) publish the comments received under para15 graph (1)(A) on the internet website of the Corps of 

16 Engineers; 

17 (3) hold a public meeting to discuss each district 

18 5-year budget and work plan; 

19 (4) provide to government agencies the oppor20 tunity to consult and collaborate with each district 

21 and obtain feedback to incorporate into risk assess22 ments; and 

23 (5) provide to cost-share partners the oppor24 tunity to collaborate— 

25 (A) to support information sharing; 


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1 (B) to the maximum extent practicable, to 

2 share in concept development and decision-mak3 ing to achieve complementary or integrated solu4 tions to problems; and 

5 (C) to obtain feedback to incorporate into 

6 risk assessments. 

7 (g) CRITERIA FOR THE HEADQUARTERS AND DISTRICT

8 5-YEAR BUDGET AND WORK PLANS.— 

9 (1) INTEGRATED WATER RESOURCE MANAGE10 MENT.—In developing a headquarters 5-year budget 

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

12 plan, the Secretary or the District Engineer, as appli13 cable, shall ensure that applicable projects are or will 

14 be carried out in a sustainable manner that— 

15 (A) is holistic and mission-integrated; 

16 (B) focuses on water resource challenges and 

17 opportunities; 

18 (C) promotes collaboration with stake19 holders, government agencies, and cost-share 

20 partners for coordinated development and active 

21 management of water and related resources; 

22 (D) maximizes the benefits resulting from 

23 Corps of Engineers investment; 

24 (E) aligns Corps of Engineers, government 

25 agencies, and cost-share partners authorities and 


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1 funding to gain efficiencies and maximize return 

2 on investment; and 

3 (F) pursues integrated water resource man4 agement. 

5 (2) SYSTEM AND WATERSHED EVALUATION AND

6 PRIORITIZATION.—The Secretary shall issue guidance 

7 to ensure, in the development of a headquarters 5-year 

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

9 work plan— 

10 (A) the use of modeling and data to evalu11 ate the performance of project assets on a system 

12 or watershed basis in yielding system-wide or 

13 watershed-wide benefits; and 

14 (B) the prioritization of activities and 

15 management of infrastructure within each rel16 evant system or watershed. 

17 (3) LIFECYCLE PORTFOLIO MANAGEMENT.—In 

18 making a determination relating to investment at 

19 any stage of a project, the Secretary shall issue guid20 ance to ensure that the principles of lifecycle portfolio 

21 management are applied in the development of head22 quarters 5-year budget and work plans and district 5- 

23 year budget and work plans, including by— 

24 (A) managing the entire lifecycle of the 

25 project, within a system or watershed context, 


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1 using data and objective criteria as the basis for 

2 risk-informed investment decision-making to pro3 vide— 

4 (i) the desired outcomes of the project; 

5 and 

6 (ii) value to the United States; and 

7 (B) managing the regional and national 

8 portfolios of projects to make cost-effective and 

9 sequenced investment decisions. 

10 (4) FEDERAL CONSIDERATIONS.—In developing 

11 and comparing project alternatives or making any 

12 other determination for purposes of a headquarters 5- 

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

14 and work plan, the Secretary shall issue guidance to 

15 ensure that each plan includes an evaluation of the 

16 projected effects of each project or initiative of na17 tional significance or project or initiative of regional, 

18 Tribal, or local significance, or project alternative, if 

19 applicable, on— 

20 (A) the nonmonetary physical, chemical, 

21 and biological conditions of water and related 

22 land resources in the United States, at the sys23 tem or watershed scale; 

24 (B) the economic value of— 


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1 (i) water and related land resources in 

2 the United States; and 

3 (ii) the national output of goods and 

4 services produced using those resources; 

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

6 to human life and safety, as measured— 

7 (i) taking into consideration applicable 

8 flood and coastal storm damage reduction 

9 plans, and any other relevant plans; and 

10 (ii) using— 

11 (I) nonmonetary units; or 

12 (II) qualitative descriptions; 

13 (D) significant cultural, aesthetic, and sub14 watershed-scale ecological resources, as measured 

15 using— 

16 (i) nonmonetary units; or 

17 (ii) qualitative descriptions; and 

18 (E) the effects described in subparagraphs 

19 (A) through (D) with respect to— 

20 (i) low-income communities; 

21 (ii) rural communities; and 

22 (iii) Tribal and other minority com23 munities. 

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1 quarters 5-year budget and work plans and district 5- 

2 year budget and work plans analyze the accomplish3 ments, projected challenges, and business programs 

4 funding and performance of each project or initiative 

5 of national significance and project or initiative of 

6 regional, Tribal, or local significance, taking into 

7 consideration any relevant business lines of the 

8 project or initiative. 

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

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

11 for each fiscal year shall supplant the work plan process 

12 with respect to the applicable accounts— 

13 (1) to increase transparency regarding planned 

14 expenditures of the Corps of Engineers during the 4- 

15 year period following that fiscal year; 

16 (2) to maximize the return on Federal invest17 ment; and 

18 (3) to ensure that the infrastructure of the Corps 

19 of Engineers protects laborers and employees, private 

20 investment, and production in the United States. 

21 (i) SAVINGS PROVISION.—Nothing in this section— 

22 (1) affects or alters the standards, requirements, 

23 or criteria for approval or authorization of an eco24 system restoration project; or 


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1 (2) creates a requirement to demonstrate a posi2 tive benefit-cost ratio to justify or support the author3 ization or budgeting of an ecosystem restoration 

4 project. 

5 SEC. 1002. NATIONAL ACADEMY STUDIES. 

6 As soon as practicable after the date of enactment of 

7 this Act, the Secretary shall enter into an agreement with 

8 the National Academy of Sciences under which the National 

9 Academy shall conduct studies regarding— 

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

11 can increase transparency in cooperating with— 

12 (A) Congress; 

13 (B) State and local units of government; 

14 (C) local stakeholders; and 

15 (D) other cost-share partners, government 

16 agencies, and stakeholders; 

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

18 rather than project-based, authorization process for 

19 water resources development projects; and 

20 (3) whether the structure and organization of the 

21 Corps of Engineers, as in effect on the date of enact22 ment of this Act— 

23 (A) is the most effective structure and orga24 nization for continued operation; or 

25 (B) should be modified to increase— 


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1 (i) efficiency; 

2 (ii) coordination; 

3 (iii) transparency; or 

4 (iv) cost savings. 

5 SEC. 1003. GAO STUDY ON BENEFIT-COST ANALYSIS RE6 FORMS. 

7 Not later than 1 year after the date of enactment of 

8 this Act, the Comptroller General of the United States 

9 shall— 

10 (1) conduct a study on the benefit-cost proce11 dures of the Secretary and the Director of the Office 

12 of Management and Budget (referred to in this section 

13 as the ‘‘Director’’), including— 

14 (A) an examination of the benefits and costs 

15 that the Secretary and the Director do and do 

16 not include in the benefit-cost calculation, in17 cluding, at a minimum, local and regional eco18 nomic benefits; and 

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

20 a calculation) of navigation benefits used in a 

21 calculation for a non-commercial harbor that is 

22 used by a State maritime academy (as defined 

23 in section 51102 of title 46, United States Code) 

24 for military training purposes; and 

25 (2) submit to Congress a report that— 


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1 (A) describes the results of the study under 

2 paragraph (1); and 

3 (B) includes recommendations for legislative 

4 or regulatory changes to improve the benefit-cost 

5 analysis procedures of the Secretary and the Di6 rector. 

7 SEC. 1004. TRANSPARENCY AND ACCOUNTABILITY IN COST8 SHARING FOR WATER RESOURCES PROJECTS. 

9 (a) DEFINITION OF BALANCE SHEET.—In this section, 

10 the term ‘‘balance sheet’’ means a document that describes— 

11 (1) the funds contributed by each Federal and 

12 non-Federal interest for a project; and 

13 (2) the status of those funds. 

14 (b) ESTABLISHMENT OF BALANCE SHEET.—Each dis15 trict of the Corps of Engineers shall— 

16 (1) maintain a balance sheet for each project 

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

18 cost-share is required; and 

19 (2) on request of a non-Federal interest that con20 tributed funds for the project, provide to the non-Fed21 eral interest a copy of the balance sheet. 

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

23 project carried out by the Secretary for which the project 

24 is completed at a cost less than the estimated cost, the Sec25 retary shall transfer the excess funds back to the non-FedVerDate Sep 11 2014 23:04 May 22, 2018 Jkt 079200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6203 E:\BILLS\S2800.RS S2800

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1 eral interest, in accordance with the cost-share requirement 

2 applicable to the project. 

3 (d) EXCESS FUNDS.— 

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

5 project carried out by the Secretary for which funds 

6 in excess of the funds needed to complete the project 

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

8 Secretary shall transfer the excess funds to a separate 

9 account of the Secretary, in which the funds shall re10 main available until the non-Federal interest uses the 

11 funds in accordance with paragraph (2). 

12 (2) USE IN FUTURE PROJECTS OR OPERATION

13 AND MAINTENANCE COSTS.—The non-Federal interest 

14 may use funds in the account for the non-Federal in15 terest under paragraph (1)— 

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

17 carried out by the Secretary for which a non18 Federal cost-share is required; and 

19 (B) to pay the costs of operation and main20 tenance of a project of the non-Federal interest 

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

22 SEC. 1005. NON-FEDERAL SPONSOR REIMBURSEMENTS. 

23 (a) DEFINITION OF UNREIMBURSED FUNDS.—In this 

24 section, the term ‘‘unreimbursed funds’’, with respect to a 

25 project carried out by the Secretary, means funds spent by 


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1 a non-Federal sponsor, including for in-kind services, for 

2 the project that have not been reimbursed by the Secretary 

3 under an existing agreement before the end of the fiscal year 

4 following the fiscal year in which the funds were spent. 

5 (b) APPLICATION OF UNREIMBURSED FUNDS.—In the 

6 case of a project carried out by the Secretary under an ex7 isting agreement for which the non-Federal sponsor has un8 reimbursed funds, on the request of the non-Federal sponsor, 

9 the Secretary shall— 

10 (1) credit the unreimbursed funds to— 

11 (A) the non-Federal operation and mainte12 nance cost-share for that project; or 

13 (B) the non-Federal cost-share requirement 

14 of that non-Federal sponsor for another project to 

15 be carried out by the Secretary; or 

16 (2) reimburse the funds to the non-Federal spon17 sor. 

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

19 MANAGEMENT OF RECREATION FACILITIES. 

20 Section 225(c) of the Water Resources Development Act 

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

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

23 place it appears and inserting ‘‘non-Federal public or 

24 private entity’’; and 

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


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1 ‘‘(4) TREATMENT.—In carrying out this sub2 section, the Secretary shall ensure that a private enti3 ty is subject to the same regulations and requirements 

4 as a non-Federal public entity.’’. 

5 SEC. 1007. COST ESTIMATES. 

6 Section 2008(c) of the Water Resources Development 

7 Act of 2007 (33 U.S.C. 2340(c)) is amended by striking ‘‘be8 fore, on, or after’’ and inserting ‘‘on or after’’. 

9 SEC. 1008. RETROACTIVE CHANGES TO COST-SHARING 

10 AGREEMENTS. 

11 Study costs incurred before the date of execution of a 

12 feasibility cost-sharing agreement for a project to be carried 

13 out under section 206 of the Water Resources Development 

14 Act of 1996 (33 U.S.C. 2330) shall be Federal costs, if— 

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

16 2006; and 

17 (2) the feasibility cost-sharing agreement was not 

18 executed before January 1, 2014. 

19 SEC. 1009. PROJECT PARTNERSHIP AGREEMENTS. 

20 (a) DEFINITION OF PROJECT PARTNERSHIP AGREE21 MENT.—In this section, the term ‘‘project partnership agree22 ment’’ means an agreement between the Secretary and the 

23 non-Federal sponsor of a water resources project that de24 scribes— 

25 (1) the project; and 


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1 (2) the responsibilities of each of the Secretary 

2 and the non-Federal sponsor with respect to cost-shar3 ing, execution of work, and other aspects of the 

4 project. 

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

6 partnership agreement entered into after the date of enact7 ment of this Act, the Secretary shall ensure that the project 

8 partnership agreement includes clear and detailed descrip9 tions of operation and maintenance, repair, replacement, 

10 and rehabilitation costs and the entity with responsibility 

11 for those costs with respect to the project. 

12 SEC. 1010. STUDY AND REPORT ON EXPEDITING CERTAIN 

13 WAIVER PROCESSES. 

14 Not later than 1 year after the date of enactment of 

15 this Act, the Secretary shall complete, and submit to the 

16 Committee on Environment and Public Works of the Senate 

17 and the Committee on Transportation and Infrastructure 

18 of the House of Representatives a report based on the results 

19 of, a study on the best options available to the Secretary 

20 to improve and expedite the waiver process for the non-Fed21 eral cost-share under section 116 of the Energy and Water 

22 Development and Related Agencies Appropriations Act, 

23 2010 (Public Law 111–85; 123 Stat. 2851). 


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1 SEC. 1011. FEASIBILITY STUDIES FOR MITIGATION OF 

2 STORM DAMAGE. 

3 Section 105(a)(1) of the Water Resources Development 

4 Act of 1986 (33 U.S.C. 2215(a)(1)) is amended— 

5 (1) in subparagraph (A), by striking ‘‘The Sec6 retary’’ and inserting ‘‘Except as provided in sub7 paragraph (F), the Secretary’’; and 

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

9 ‘‘(F) COST-SHARE FOR CERTAIN MITIGATION

10 PROJECTS.— 

11 ‘‘(i) IN GENERAL.—In the case of a 

12 feasibility study described in clause (ii), the 

13 Federal share of the cost of the study shall 

14 be, as determined by the Secretary— 

15 ‘‘(I) not less than 50 percent; and 

16 ‘‘(II) not more than 100 percent. 

17 ‘‘(ii) FEASIBILITY STUDIES DE18 SCRIBED.—A feasibility study referred to in 

19 clause (i) is a feasibility study for a project 

20 for mitigation of damage to an area affected 

21 by weather or other events for which— 

22 ‘‘(I) during the 8-year period end23 ing on the date of enactment of the 

24 America’s Water Infrastructure Act of 

25 2018— 


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1 ‘‘(aa) the Secretary provided 

2 emergency response under section 

3 5 of the Act of August 18, 1941 

4 (commonly known as the ‘Flood 

5 Control Act of 1941’) (55 Stat. 

6 650, chapter 377; 33 U.S.C. 

7 701n); or 

8 ‘‘(bb) the area received dis9 aster assistance under the Robert 

10 T. Stafford Disaster Relief and 

11 Emergency Assistance Act (42 

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

13 ‘‘(II) there is a significant risk for 

14 future similar events (as determined by 

15 the Secretary).’’. 

16 SEC. 1012. EXTENDED COMMUNITY ASSISTANCE BY THE 

17 CORPS OF ENGINEERS. 

18 Section 5(a) of the Act of August 18, 1941 (commonly 

19 known as the ‘‘Flood Control Act of 1941’’) (55 Stat. 650, 

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

21 (1) by redesignating paragraph (3) as para22 graph (4); and 

23 (2) by inserting after paragraph (2) the fol24 lowing: 

25 ‘‘(3) EXTENDED ASSISTANCE.— 


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

2 entity receiving assistance under the fourth sen3 tence of paragraph (1) on land the State, Tribe, 

4 or entity owns, has jurisdiction over, or other5 wise controls, may petition the Secretary for ex6 tended assistance, to apply after the 30-day pe7 riod of the project under section 203.61(b)(8) of 

8 title 33, Code of Federal Regulations (or suc9 cessor regulations). 

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

11 subparagraph (A), the Secretary shall provide 

12 extended assistance in accordance with this 

13 paragraph. 

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

15 in subparagraph (D), extended assistance under 

16 this paragraph shall be subject to a minimum 

17 non-Federal cost-sharing requirement of 45 per18 cent. 

19 ‘‘(D) EXCEPTION.—The Secretary— 

20 ‘‘(i) may waive or reduce the min21 imum non-Federal cost-sharing requirement 

22 under subparagraph (C), at the discretion 

23 of the Secretary, if the Secretary determines 

24 that the financial situation of the non-FedVerDate Sep 11 2014 23:04 May 22, 2018 Jkt 079200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6203 E:\BILLS\S2800.RS S2800

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1 eral sponsor of the project warrants a re2 duction; and 

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

4 cost-sharing requirement on a project serv5 ing a disadvantaged community (as defined 

6 in section 1452(d) of the Safe Drinking 

7 Water Act (42 U.S.C. 300j–12(d)). 

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

9 best provide extended assistance under this para10 graph, the Secretary shall consider whether 

11 granting the extended assistance would— 

12 ‘‘(i) minimize costs of long-term bur13 dens on the non-Federal sponsor of the 

14 project; 

15 ‘‘(ii) increase the resiliency of the 

16 project; and 

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

18 problems that the project seeks to rectify. 

19 ‘‘(F) SUNSET.—The authority of the Sec20 retary to provide extended assistance under this 

21 paragraph shall terminate on the date that is 2 

22 years after the date of enactment of the Amer23 ica’s Water Infrastructure Act of 2018.’’. 


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1 SEC. 1013. ADVANCED FUNDS FOR WATER RESOURCES DE2 VELOPMENT STUDIES AND PROJECTS. 

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

4 884; 33 U.S.C. 701h–1) is amended— 

5 (1) in the first sentence— 

6 (A) by striking ‘‘Whenever any’’ and insert7 ing the following: 

8 ‘‘(a) IN GENERAL.—Whenever any’’; 

9 (B) by striking ‘‘a flood-control project duly 

10 adopted and authorized by law’’ and inserting 

11 ‘‘an authorized water resources development 

12 study or project,’’; and 

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

14 ‘‘such study or project’’; 

15 (2) in the second sentence— 

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

17 Army’’ and inserting the following: 

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

19 (B) by striking ‘‘from appropriations which 

20 may be provided by Congress for flood-control 

21 work’’ and inserting ‘‘if specific appropriations 

22 are provided by Congress for such purpose’’; and 

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

24 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to the Secretary to provide 


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1 repayment under subsection (b) $50,000,000 for each of fis2 cal years 2020 and 2021. 

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

4 ‘State’ means— 

5 ‘‘(1) a State; 

6 ‘‘(2) the District of Columbia; 

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

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

9 United States; and 

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

11 tribal organization (as defined in section 4 of the In12 dian Self-Determination and Education Assistance 

13 Act (25 U.S.C. 5304)).’’. 

14 SEC. 1014. IMPLEMENTATION GUIDANCE. 

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

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

17 of this Act, the Secretary shall issue guidance to implement 

18 each provision of law (including an amendment made to 

19 a provision of law) under the jurisdiction of the Secretary, 

20 for which guidance has not been issued as of the date of 

21 enactment of this Act, under— 

22 (1) the Water Resources Reform and Develop23 ment Act of 2014 (128 Stat. 1193); and 

24 (2) the Water Infrastructure Improvements for 

25 the Nation Act (130 Stat. 1628). 


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

2 respect to a provision of law for which a lack of funds ap3 propriated to carry out that provision prevents implemen4 tation guidance from being issued. 

5 SEC. 1015. IMPLEMENTATION GUIDANCE FOR THIS ACT. 

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

7 of enactment of this Act, the Secretary shall issue guidance 

8 to carry out this Act and any amendments made by this 

9 Act with respect to a provision of law under the jurisdiction 

10 of the Secretary. 

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

12 respect to a provision of law for which a lack of funds ap13 propriated to carry out that provision prevents implemen14 tation guidance from being issued. 

15 (c) PUBLIC COMMENT.—Before issuing any guidance 

16 under subsection (a), the Secretary shall provide an oppor17 tunity for public comment on the proposed guidance. 

18 (d) SUBMISSION.—The Secretary shall submit to the 

19 Committee on Environment and Public Works of the Senate 

20 and the Committee on Transportation and Infrastructure 

21 of the House of Representatives a copy of all public com22 ments received under subsection (c) and a description of 

23 any consideration of those comments. 


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1 SEC. 1016. EASEMENTS FOR CERTAIN RURAL ELECTRIC, 

2 TELEPHONE, AND BROADBAND SERVICE FA3 CILITIES. 

4 Section 1172 of the Water Infrastructure Improve5 ments for the Nation Act (33 U.S.C. 2354) is amended— 

6 (1) by redesignating subsection (c) as subsection 

7 (d); and 

8 (2) by inserting after subsection (b) the fol9 lowing: 

10 ‘‘(c) CERTAIN EASEMENTS.— 

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

12 easement across water resources development project 

13 land for the electric, telephone, or broadband service 

14 facilities of a nonprofit organization that is eligible 

15 for financing under the Rural Electrification Act of 

16 1936 (7 U.S.C. 901 et seq.) if the easement does not 

17 interfere with the safe functioning of the water re18 sources development project. 

19 ‘‘(2) PLACEMENT.—The placement of an ease20 ment under paragraph (1) shall be at the discretion 

21 of the Secretary.’’. 

22 SEC. 1017. CORPS CAPABILITIES. 

23 Not later than 1 year after the date of enactment of 

24 this Act, the Secretary shall conduct and complete the study 

25 under section 936 of the Water Resources Development Act 

26 of 1986 (33 U.S.C. 2300). 


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1 SEC. 1018. PROJECT AUTHORIZATION FUNDING LINES. 

2 In any case in which a project under the jurisdiction 

3 of the Secretary is budgeted under a different business line 

4 than the business line under which the project was origi5 nally authorized, the Secretary shall ensure that the project 

6 is carried out in accordance with any requirements that 

7 apply to the business line under which the project was origi8 nally authorized. 

9 SEC. 1019. CONSOLIDATION OF STUDIES; REPORT. 

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

11 of enactment of this Act, the Secretary shall complete a 

12 study on whether section 1002 of the Water Resources Re13 form and Development Act of 2014 (128 Stat. 1198) and 

14 the amendments made by that section limit options avail15 able to the Secretary to fund work relating to— 

16 (1) feasibility scoping; 

17 (2) project management planning; and 

18 (3) review plan development. 

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

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

21 submit to Congress a report describing the results of the 

22 study under subsection (a). 

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

24 PROJECTS. 

25 Section 203(e) of the Water Resources Development Act 

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


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1 (1) by striking ‘‘At the request of a non-Federal 

2 interest, the Secretary may provide’’ and inserting 

3 the following: 

4 ‘‘(1) IN GENERAL.—On the request of a non-Fed5 eral interest, the Secretary shall provide’’; and 

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

7 ‘‘(2) SAVINGS PROVISION.—The provision of tech8 nical assistance by the Secretary under paragraph 

9 (1)— 

10 ‘‘(A) shall not be considered to be an ap11 proval or endorsement of the feasibility study; 

12 and 

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

14 the Secretary— 

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

16 compliance with applicable Federal laws 

17 (including regulations) under subsection 

18 (b); and 

19 ‘‘(ii) to make recommendations to Con20 gress on the plan or design of the project 

21 under subsection (c).’’. 

22 SEC. 1021. REPORTS TO CONGRESS. 

23 (a) IN GENERAL.—Subject to the availability of appro24 priations, the Secretary shall complete and submit to ConVerDate Sep 11 2014 23:04 May 22, 2018 Jkt 079200 PO 00000 Frm 00240 Fmt 6652 Sfmt 6203 E:\BILLS\S2800.RS S2800

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1 gress by the applicable date required any report or study 

2 required under this Act or an amendment made by this Act. 

3 (b) FAILURE TO PROVIDE A COMPLETED REPORT OR

4 STUDY.— 

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

6 the Secretary fails to provide a report or study de7 scribed in subsection (a) by the date that is 180 days 

8 after the applicable date required for that report or 

9 study, $5,000 shall be reprogrammed from the Gen10 eral Expenses account of the civil works program of 

11 the Army Corps of Engineers into the account of the 

12 division of the Army Corps of Engineers with respon13 sibility for completing that report or study. 

14 (2) SUBSEQUENT REPROGRAMMING.—Subject to 

15 subsection (c), for each additional week after the date 

16 described in paragraph (1) in which a report or study 

17 described in that paragraph remains uncompleted 

18 and unsubmitted to Congress, $5,000 shall be repro19 grammed from the General Expenses account of the 

20 civil works program of the Army Corps of Engineers 

21 into the account of the division of the Secretary with 

22 responsibility for completing that report or study. 

23 (c) LIMITATIONS.— 


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

2 total amounts reprogrammed under subsection (b) 

3 shall not exceed, in any fiscal year, $50,000. 

4 (2) AGGREGATE LIMITATION.—The total amount 

5 reprogrammed under subsection (b) in a fiscal year 

6 shall not exceed $100,000. 

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

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

9 certifies in a letter to the applicable committees of Congress 

10 that— 

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

12 content of the report or study that requires additional 

13 analysis for the Secretary to make a final decision on 

14 the report or study; 

15 (2) amounts have not been appropriated to the 

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

17 the report or study; or 

18 (3) additional information is required from an 

19 entity other than the Corps of Engineers and is not 

20 available in a timely manner to complete the report 

21 or study by the deadline. 

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

23 funds to the General Expenses account of the civil works 

24 program of the Corps of Engineers for the loss of the funds. 


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1 (f) REPORT.—Not less frequently than once each fiscal 

2 year, the Secretary shall submit to the Committee on Envi3 ronment and Public Works of the Senate and the Committee 

4 on Transportation and Infrastructure of the House of Rep5 resentatives a report that includes a list of each report or 

6 study by the Secretary that— 

7 (1) was due to be completed in the previous fiscal 

8 year; but 

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

10 (g) REPEAL.—Section 1042 of the Water Resources Re11 form and Development Act of 2014 (33 U.S.C. 2201 note; 

12 Public Law 113–121) is repealed. 

13 SEC. 1022. DISPOSITION STUDIES. 

14 The Secretary shall carry out any disposition study 

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

16 manner, including— 

17 (1) by offering opportunities for public input 

18 during the study; and 

19 (2) publishing and making publicly available 

20 final disposition studies. 

21 SEC. 1023. NATURAL INFRASTRUCTURE. 

22 In each feasibility study carried out by the Secretary 

23 for a project for flood risk management or hurricane and 

24 storm damage risk reduction, the Secretary shall consider 

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1 natives, alone or in conjunction with each other, if those 

2 alternatives are practicable. 

3 SEC. 1024. WATERCRAFT INSPECTION STATIONS. 

4 Section 104 of the River and Harbor Act of 1958 (33 

5 U.S.C. 610) is amended— 

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

7 following: 

8 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— 

9 ‘‘(1) IN GENERAL.—There is authorized to be ap10 propriated $80,000,000 to carry out this section for 

11 each fiscal year, of which— 

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

13 carry out subsection (d)(1)(A)(i); and 

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

15 carry out subsection (d)(1)(A)(ii). 

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

17 paragraph (1) used for control operations shall be al18 located by the Chief of Engineers on a priority basis, 

19 based on the urgency and need of each area and the 

20 availability of local funds.’’; and 

21 (2) in subsection (d)— 

22 (A) by striking paragraph (1) and inserting 

23 the following: 

24 ‘‘(1) IN GENERAL.— 


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1 ‘‘(A) WATERCRAFT INSPECTION STA2 TIONS.—In carrying out this section, the Sec3 retary shall establish, operate, and maintain new 

4 or existing watercraft inspection stations— 

5 ‘‘(i) to protect the Columbia River 

6 Basin; and 

7 ‘‘(ii) to protect the Upper Missouri 

8 River Basin. 

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

10 place watercraft inspection stations under sub11 paragraph (A) at locations, as determined by the 

12 Secretary in consultation with States within the 

13 areas described in subparagraph (A), with the 

14 highest likelihood of preventing the spread of 

15 aquatic invasive species at reservoirs operated 

16 and maintained by the Secretary. 

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

18 shall assist the States within the areas described 

19 in subparagraph (A) with rapid response to any 

20 aquatic invasive species, including quagga or 

21 zebra mussel, infestation.’’; and 

22 (B) by striking paragraph (3)(A) and in23 serting the following: 


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

2 areas described in clause (i) or (ii) of paragraph 

3 (1)(A), as applicable;’’. 

4 SEC. 1025. REAUTHORIZATION OF NON-FEDERAL IMPLE5 MENTATION PILOT PROGRAM. 

6 Section 1043 of the Water Resources Reform and De7 velopment Act of 2014 (33 U.S.C. 2201 note; Public Law 

8 113–121) is amended— 

9 (1) in subsection (a)— 

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

11 not later than 3 years after the date of enact12 ment of the America’s Water Infrastructure Act 

13 of 2018’’ after ‘‘this Act’’; 

14 (B) in paragraph (7), by striking ‘‘5 years’’ 

15 and inserting ‘‘7 years’’; and 

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

17 fiscal years 2015 through 2019’’ and inserting 

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

19 (2) in subsection (b)— 

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

21 ‘‘date of enactment of this Act’’ each place it ap22 pears and inserting ‘‘date of enactment of the 

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


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1 (B) in paragraph (4), by striking ‘‘applica2 ble on the day before the date of enactment of 

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

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

5 not later than 3 years after the date of enact6 ment of the America’s Water Infrastructure Act 

7 of 2018’’ after ‘‘this Act’’; 

8 (D) in paragraph (7), by striking ‘‘5 years’’ 

9 and inserting ‘‘7 years’’; and 

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

11 fiscal years 2015 through 2019’’ and inserting 

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

13 SEC. 1026. PROJECT STUDIES SUBJECT TO INDEPENDENT 

14 PEER REVIEW. 

15 (a) EXTENSION.—Section 2034(h)(2) of the Water Re16 sources Development Act of 2007 (33 U.S.C. 2343(h)(2)) is 

17 amended by striking ‘‘12 years’’ and inserting ‘‘17 years’’. 

18 (b) REPORT.—Section 2034(i) of the Water Resources 

19 Development Act of 2007 (33 U.S.C. 2343(i)) is amended 

20 by adding at the end the following: 

21 ‘‘(3) REPORT.—Not later than 1 year after the 

22 date of enactment of the America’s Water Infrastruc23 ture Act of 2018, the Secretary shall— 

24 ‘‘(A) complete an analysis of— 


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1 ‘‘(i) cost and time overruns for projects 

2 subject to this section; 

3 ‘‘(ii) the effectiveness of peer review, 

4 and the extent to which planning problems 

5 are identified in the peer review process; 

6 and 

7 ‘‘(iii) whether the Secretary plans to 

8 take actions to improve the general plan9 ning process to address planning problems 

10 identified in multiple reviews by Inde11 pendent External Peer Review panels; and 

12 ‘‘(B) submit to the Committee on Environ13 ment and Public Works of the Senate and the 

14 Committee on Transportation and Infrastructure 

15 of the House of Representatives a report describ16 ing the results of the analysis under subpara17 graph (A).’’. 

18 SEC. 1027. EXPEDITED CONSIDERATION. 

19 Section 7004(b)(4) of the Water Resources Reform and 

20 Development Act of 2014 (128 Stat. 1374) is amended by 

21 striking ‘‘December 31, 2018’’ and inserting ‘‘December 31, 

22 2024’’. 

23 SEC. 1028. WIFIA STUDY. 

24 Not later than 1 year after the date of enactment of 

25 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 and 

3 Innovation Act (33 U.S.C. 3901 et seq.) for the Sec4 retary, including— 

5 (A) the obstacles that need to be removed for 

6 the Secretary to implement the responsibilities of 

7 the Secretary under that Act; 

8 (B) an identification of all projects that the 

9 Secretary determines to be potentially viable to 

10 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 on 

17 Transportation and Infrastructure of the House of 

18 Representatives a report on the results of the study 

19 under paragraph (1). 

20 SEC. 1029. ENHANCED DEVELOPMENT DEMONSTRATION 

21 PROGRAM. 

22 (a) IN GENERAL.—The Secretary is directed to review 

23 the master plan and shoreline management plan for any 

24 lake described in section 3134 of the Water Resources Devel25 opment Act of 2007 (121 Stat. 1142; 130 Stat. 1671) for 


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1 the purpose of identifying areas suitable for enhanced devel2 opment 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 struc10 tures or other improvements used for non-water-dependent 

11 commercial or hospitality industry purposes or for residen12 tial or recreational purposes. 

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

14 to lease Federal land under the jurisdiction of the Secretary 

15 pursuant to this section for such terms as the Secretary de16 termines to be advisable to permit enhanced development 

17 in areas approved for such uses under subsection (a). 

18 (d) USE OF COMPETITIVE PROCEDURES.—The Sec19 retary shall require use of competitive procedures for leases 

20 authorized under subsection (c). 

21 (e) CONSIDERATIONS.—For leases authorized under 

22 subsection (c), the Secretary shall— 

23 (1) require payment of at least fair market 

24 value, up to 50 percent of which amount may be pro25 vided in-kind at the discretion of the Secretary; 


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1 (2) enter into a partnership agreement with a 

2 private entity; 

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

4 and 

5 (4) consider regional economic impacts. 

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

8 under subsection (e)(1)— 

9 (1) the maintenance, protection, alteration, re10 pair, improvement, or restoration of public recreation 

11 facilities under the control of the Secretary; and 

12 (2) construction of new public recreation facili13 ties. 

14 (g) DISPOSITION OF PROCEEDS.—Notwithstanding 

15 section 7 of the Act of August 18, 1941 (55 Stat. 650, chap16 ter 377; 33 U.S.C. 701c–3), all proceeds received from 

17 issuance of leases authorized under subsection (c) shall be 

18 deposited in a special account in the Treasury established 

19 for the Secretary and shall be available for the following 

20 activities at the lake specified in a lease entered into under 

21 this section: 

22 (1) Natural resource and recreation manage23 ment. 


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1 (2) The investigation, planning, construction, 

2 operation, and maintenance of public recreation fa3 cilities. 

4 (h) PAYMENT OF ADMINISTRATIVE EXPENSES.—The 

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

8 (i) STUDY APPLICATION OF MILITARY LEASING AU9 THORITIES TO CIVIL WORKS PROJECTS.—Not later than 2 

10 years after the date of enactment of this Act, the Secretary 

11 shall— 

12 (1) complete a study on the application of sec13 tion 2667 of title 10, United States Code, enhanced 

14 use leasing authorities, and other military leasing au15 thorities to the civil works program of the Secretary; 

16 and 

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

18 the study under paragraph (1), including a descrip19 tion of the obstacles that must be removed to imple20 ment the authorities. 

21 SEC. 1030. DUPLICATION OF EFFORTS. 

22 In the case of a project in which the non-Federal spon23 sor is working with an institution of higher education, in 

24 order to reduce duplication of efforts, the Secretary shall 

25 consider hiring an institution of higher education or entity, 


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1 in accordance with any applicable contract law, to provide 

2 assistance under section 22 of the Water Resources Develop3 ment Act of 1974 (42 U.S.C. 1962d–16) with respect to that 

4 project. 

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

6 CERTAIN WATER STORAGE PROJECTS. 

7 (a) PURPOSE AND NEED STATEMENTS.— 

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

9 the date of receipt of a complete application for a 

10 water storage project, the District Engineer shall de11 velop and provide to the applicant a purpose and 

12 need statement that describes— 

13 (A) whether the District Engineer concurs 

14 with the assessment of the purpose of and need 

15 for the water storage project proposed by the ap16 plicant; and 

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

21 (2) EFFECT ON ENVIRONMENTAL IMPACT STATE22 MENTS.—No environmental impact statement or envi23 ronmental assessment required under the National 

24 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

25 seq.) shall substantially commence with respect to a 


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1 water storage project for which an application is sub2 mitted as described in paragraph (1) until the date 

3 on which the District Engineer provides to the appli4 cant the purpose and need statement under that para5 graph. 

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

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

8 from the Secretary is required, the Secretary shall provide 

9 to the applicant a record of decision that describes all appli10 cable conditions under the permit that will apply to the 

11 project. 

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

13 (1) ESTABLISHMENT.—The Secretary shall estab14 lish a board of appeals, to be known as the ‘‘Corps 

15 of Engineers Board of Appeals’’ (referred to in this 

16 subsection as the ‘‘Board’’). 

17 (2) MEMBERSHIP.— 

18 (A) IN GENERAL.—The Board shall be com19 posed of 5 members, to be appointed by the Sec20 retary, of whom— 

21 (i) 2 shall be representatives of State 

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

24 (ii) 2 shall be representatives of the 

25 Corps of Engineers; and 


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1 (iii) 1— 

2 (I) shall be selected jointly by the 

3 Secretary and the entities described in 

4 clause (i); and 

5 (II) shall not be a representative 

6 of any entity described in clause (i) or 

7 (ii). 

8 (B) REQUIREMENTS.—In selecting members 

9 to serve on the Board, the Secretary shall ensure 

10 that each Board member— 

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

12 and 

13 (ii) is not from the same State in 

14 which the project that is the subject of the 

15 appeal is located. 

16 (3) DUTIES.— 

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

18 determinations on— 

19 (i) all appeals relating to a purpose 

20 and need statement provided under sub21 section (a)(1); and 

22 (ii) all appeals relating to the permit 

23 conditions described in a record of decision 

24 under subsection (b). 


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

2 determination regarding an appeal under sub3 paragraph (A) by not later than 90 days after 

4 the date on which the appeal is filed with the 

5 Board. 

6 (C) FACTORS FOR CONSIDERATION.—In 

7 making a determination under subparagraph 

8 (A), the Board shall evaluate— 

9 (i) in the case of an appeal described 

10 in subparagraph (A)(i), any field assess11 ment of the Corps of Engineers regarding 

12 the purpose of and need for the applicable 

13 water storage project; and 

14 (ii) in the case of an appeal described 

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

16 placed on a project under a permit based on 

17 the record of decision under subsection (b). 

18 (4) CONSIDERATION BY DISTRICT ENGINEER.— 

19 (A) IN GENERAL.—In the case of any deter20 mination of the Board under paragraph (3)(A), 

21 the applicable District Engineer shall reconsider 

22 the purpose and need statement or permit condi23 tion, as applicable, taking into consideration the 

24 determination of the Board under paragraph 

25 (3)(A). 


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1 (B) EXPLANATION.—If the District Engi2 neer determines not to accept a determination 

3 under subparagraph (A), the District Engineer 

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

5 which the District Engineer receives the deter6 mination, provide to the applicant and to the 

7 Board a written explanation as to why the Dis8 trict Engineer rejected the determination. 

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

10 IN CORPS PROJECTS. 

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

12 local non-Federal interest takes responsibility for certain 

13 operation, maintenance, or capital improvement expenses 

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

15 local non-Federal interest results in savings to Federal tax16 payers. 

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

18 WATER RESOURCES DEVELOPMENT 

19 PROJECTS BY NON-FEDERAL INTERESTS. 

20 It is the sense of Congress that the amendment to sec21 tion 203 of the Water Resources Development Act of 1986 

22 (33 U.S.C. 2231) made by section 1126 of the Water Infra23 structure Improvements for the Nation Act (130 Stat. 1648) 

24 was intended to supersede any conflicting laws. 


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1 SEC. 1034. SENSE OF CONGRESS RELATING TO PROJECT 

2 PARTNERSHIP AGREEMENTS. 

3 It is the sense of Congress that the Secretary should 

4 simplify and expedite the process for addressing in-kind 

5 work in project partnership agreements— 

6 (1) to allow for more flexibility for potential 

7 changes to in-kind work; and 

8 (2) to delegate approval for project partnership 

9 agreements to the District Engineer, if practicable. 

10 SEC. 1035. SENSE OF CONGRESS RELATING TO ENCOUR11 AGING RESILIENT TECHNIQUES AND HABI12 TAT CONNECTIVITY IN ECOSYSTEM RESTORA13 TION. 

14 It is the sense of Congress that the Secretary should 

15 ensure that infrastructure of the Secretary can endure ex16 treme weather, mitigate flooding and other negative impacts 

17 on communities, and provide a significant return on invest18 ment by— 

19 (1) encouraging the use of resilient structural or 

20 nonstructural construction techniques; and 

21 (2) clarifying that nonstructural approaches, 

22 techniques, and alternatives include natural and na23 ture-based solutions. 


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1 SEC. 1036. ALTERATIONS TO LOCAL FLOOD CONTROL 

2 PROJECTS. 

3 The District Engineer of each district of the Corps of 

4 Engineers, or, on request of the applicant, the Secretary, 

5 shall have the authority to implement existing authorities 

6 to approve alterations to local flood control projects in ac7 cordance with section 208.10 of title 33, Code of Federal 

8 Regulations (or successor regulations), and other applicable 

9 laws (including regulations) relating to flood control. 

10 SEC. 1037. NON-FEDERAL CONSTRUCTION. 

11 Section 204(b) of the Water Resources Development Act 

12 of 1986 (33 U.S.C. 2232(b)) is amended by adding at the 

13 end the following: 

14 ‘‘(3) NON-FEDERAL CONSTRUCTION.— 

15 ‘‘(A) IN GENERAL.—If a non-Federal inter16 est of a water resources development project be17 gins to carry out that water resources develop18 ment project under this section, the non-Federal 

19 interest may request that the Secretary transfer 

20 all relevant data and documentation within the 

21 control of the Secretary with respect to that 

22 water resources development project to the non23 Federal interest. 

24 ‘‘(B) DEADLINE.—The Secretary shall 

25 transfer the data and documentation described 

26 in subparagraph (A) not later than the date that 


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1 is 90 days after the date of the request described 

2 in that subparagraph. 

3 ‘‘(C) TECHNICAL ASSISTANCE.—If the Sec4 retary provides the data and documentation de5 scribed in subparagraph (A), the non-Federal in6 terest may request, and the Secretary shall pro7 vide, technical assistance and relevant materials 

8 to the non-Federal interest to assist the non-Fed9 eral interest in applying for and obtaining the 

10 Federal permits described in paragraph (2)(A) 

11 to obtain the permits in the most expeditious 

12 manner practicable.’’. 

13 SEC. 1038. CONTRIBUTED FUNDS FOR NON-FEDERAL RES14 ERVOIR OPERATIONS. 

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

16 known as the ‘‘Flood Control Act of 1936’’) (49 Stat. 1589, 

17 chapter 688; 33 U.S.C. 701h) is amended by inserting after 

18 ‘‘authorized purposes of the project’’ the following: ‘‘Pro19 vided further, That the Secretary is authorized to receive 

20 and expend funds from a State or a political subdivision 

21 of a State, another non-Federal interest, or an owner of a 

22 non-Federal reservoir to formulate, review, or revise oper23 ational documents for any non-Federal reservoir for which 

24 the Secretary is authorized to prescribe regulations for the 

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1 suant to section 7 of the Act of December 22, 1944 (58 Stat. 

2 890, chapter 665; 33 U.S.C. 709):’’. 

3 SEC. 1039. MITIGATION BANK CREDIT RELEASE SCHED4 ULES. 

5 (a) DEFINITION OF MITIGATION BANK.—In this sec6 tion, the term ‘‘mitigation bank’’ has the meaning given 

7 that term in section 332.2 of title 33, Code of Federal Regu8 lations (as in effect on the date of enactment of this Act). 

9 (b) GUIDANCE.—The Secretary, in coordination with 

10 the Administrator of the Environmental Protection Agency, 

11 shall issue guidance for the development of mitigation bank 

12 credit release schedules that— 

13 (1) support the goal of achieving expedited per14 mitting; and 

15 (2) maintain appropriate environmental protec16 tions. 

17 (c) REQUIREMENTS.—In achieving the goal of expe18 dited permitting, the guidance issued under subsection (b) 

19 shall— 

20 (1) achieve compliance with the requirements 

21 of— 

22 (A) the final rule entitled ‘‘Compensatory 

23 Mitigation for Losses of Aquatic Resources’’ (73 

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


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

2 Authorization Act for Fiscal Year 2004 (33 

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

4 (2) require— 

5 (A) the mitigation bank sponsor to provide 

6 financial assurances to ensure the completion, in 

7 accordance with applicable performance stand8 ards, of the mitigation bank in accordance with 

9 section 332.3(n) of title 33, Code of Federal Reg10 ulations (as in effect on the date of enactment of 

11 this Act); 

12 (B) the mitigation bank sponsor to reserve 

13 the quantity of mitigation bank credits required 

14 to ensure ecological performance of the mitiga15 tion bank; and 

16 (C) that, except for credits reserved under 

17 subparagraph (B), all mitigation bank credits 

18 shall be available on completion of the construc19 tion of the bank. 

20 SEC. 1040. INNOVATIVE MATERIALS REPORT. 

21 Not later than 1 year after the date of enactment of 

22 this Act, the Secretary shall submit to Congress a report 

23 that— 

24 (1) describes activities conducted by the Corps of 

25 Engineers at centers of expertise, technology centers, 


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1 technical centers, research and development centers, 

2 and similar facilities and organizations relating to 

3 the testing, research, development, identification, and 

4 recommended uses for innovative materials in water 

5 resources projects; and 

6 (2) provides recommendations for projects in 

7 which innovative materials should be used. 

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

9 Notwithstanding any other provision of law, for any 

10 project of the Secretary for which construction has com11 menced, the Secretary shall not perform or update a benefit12 cost analysis of the project. 

13 SEC. 1042. LOCAL GOVERNMENT WATER MANAGEMENT 

14 PLANS. 

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

16 sponsor of a feasibility study for a water resources develop17 ment project, may enter into a feasibility study cost-sharing 

18 agreement under section 221(a) of the Flood Control Act 

19 of 1970 (42 U.S.C. 1962d–5b(a)), to allow a unit of local 

20 government in a watershed that has adopted a local or re21 gional water management plan to participate in the feasi22 bility study to determine if there is an opportunity to in23 clude additional feasible elements in the project being stud24 ied to help achieve the purposes identified in the local or 

25 regional water management plan. 


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1 SEC. 1043. ACCESS TO REAL ESTATE DATA. 

2 (a) IN GENERAL.—Using available funds, the Sec3 retary shall make publicly available, including on the inter4 net, all real estate assets of the Corps of Engineers in the 

5 United States and other Federal real estate assets owned, 

6 operated, managed, regulated, or in the custody of the Corps 

7 of Engineers. 

8 (b) REQUIREMENTS.— 

9 (1) IN GENERAL.—The real estate data required 

10 under subsection (a) shall include— 

11 (A) existing standardized real estate plat 

12 descriptions; and 

13 (B) existing geographic information systems 

14 and geospatial information. 

15 (2) COLLABORATION.—In distributing the infor16 mation required under subsection (a), the Secretary 

17 shall collaborate with the Administrator of General 

18 Services. 

19 (c) LIMITATION.—Nothing in this section shall compel 

20 or authorize the disclosure of data or other information de21 termined by the Secretary to be confidential, privileged, na22 tional security information, personal information, or infor23 mation the disclosure of which is otherwise prohibited by 

24 law. 


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1 (d) TIMING.—The Secretary shall ensure that the real 

2 estate data required under subsection (a) is made publicly 

3 available as soon as practicable. 

4 SEC. 1044. ADVANCED FUNDS FOR DISCRETE SEGMENTS. 

5 (a) IN GENERAL.—The Secretary may accept and ex6 pend funds advanced from a non-Federal interest to carry 

7 out a discrete segment of an authorized project for naviga8 tion of the Secretary if the Secretary determines that the 

9 discrete segment— 

10 (1) is technically feasible and environmentally 

11 acceptable; and 

12 (2) can be operated independently without cre13 ating a hazard in advance of completion of the 

14 project. 

15 (b) CREDIT.—The Secretary may credit the funds ad16 vanced under subsection (a) toward the non-Federal share 

17 of the cost of the project for which the funds were advanced. 

18 SEC. 1045. INCLUSION OF NON-FEDERAL INTERESTS IN 

19 PROJECT CONSULTATIONS. 

20 (a) IN GENERAL.—In a timely manner, the non-Fed21 eral interest for a water resources development study or 

22 project shall be given the opportunity to participate in all 

23 consultations with Federal and State agencies and Indian 

24 Tribes required by Federal law. 

25 (b) CONSIDERATION OF VIEWS.— 


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1 (1) IN GENERAL.—The Secretary shall solicit 

2 and give full consideration to the views of a non-Fed3 eral interest when carrying out the responsibilities of 

4 the Secretary with respect to consultations with Fed5 eral and State agencies and Indian Tribes required 

6 by Federal law for a water resources development 

7 study or project. 

8 (2) CONTINUED CONSULTATIONS.—The Secretary 

9 shall require the applicable District Commander to 

10 engage in consultation with a non-Federal interest 

11 throughout the course of a water resources develop12 ment study or project. 

13 (c) PROCESSES REQUIRED.—For any consultation re14 ferred to in or required under this section, the consultation 

15 shall require notification to, working with, and addressing 

16 the concerns of the non-Federal sponsor. 

17 SEC. 1046. CATEGORICAL EXCLUSIONS. 

18 Section 2045(l) of the Water Resources Development 

19 Act of 2007 (33 U.S.C. 2348(l)) is amended— 

20 (1) by striking ‘‘Water Resources Reform and 

21 Development Act of 2014’’ each place it appears and 

22 inserting ‘‘America’s Water Infrastructure Act of 

23 2018’’; 

24 (2) in paragraph (1)(A), by striking ‘‘2005’’ and 

25 inserting ‘‘2014’’; and 


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1 (3) in paragraph (2), by striking ‘‘(or successor 

2 regulation)’’ and inserting ‘‘(as in effect on the date 

3 of enactment of the America’s Water Infrastructure 

4 Act of 2018)’’. 

5 SEC. 1047. GEOMATIC DATA. 

6 If a Federal or State department or agency considering 

7 an aspect of an application for Federal authorization re8 quires the applicant to submit environmental data, the de9 partment or agency shall consider any such data submitted 

10 by the applicant which was gathered by geomatic tech11 niques, including tools and techniques used in land sur12 veying, remote sensing, cartography, geographic informa13 tion systems, global navigation satellite systems, photo14 grammetry, geophysics, geography, or other remote means. 

15 The applicable agency may grant conditional approval for 

16 Federal authorization, conditioned on the verification of 

17 such data by subsequent onsite inspection. 

18 SEC. 1048. FLEXIBILITY FOR PROJECTS. 

19 (a) GOAL.—For each feasibility study initiated by the 

20 Secretary on or after the date of enactment of this Act under 

21 section 905(a) of the Water Resources Development Act of 

22 1986 (33 U.S.C. 2282(a)), the Secretary shall— 

23 (1) establish a goal of completing the feasibility 

24 study by not later than 2 years after the date of initi25 ation; and 


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1 (2) to the maximum extent practicable, attempt 

2 to comply with the goal under paragraph (1). 

3 (b) AUTHORITY.—In carrying out a feasibility study 

4 described in subsection (a), the Secretary shall— 

5 (1) exercise all existing flexibilities under and 

6 exceptions to any requirement administered by the 

7 Secretary, in whole or in part; and 

8 (2) otherwise provide additional flexibility or ex9 pedited processing with respect to the requirements 

10 described in paragraph (1) to meet the goal described 

11 in subsection (a)(1). 

12 (c) MAINTAINING PROTECTIONS.—Nothing in this sec13 tion— 

14 (1) supersedes, amends, or modifies— 

15 (A) section 1001(a)(1) of the Water Re16 sources Reform and Development Act of 2014 (33 

17 U.S.C. 2282c(a)(1)); or 

18 (B) the National Environmental Policy Act 

19 of 1969 (42 U.S.C. 4321 et seq.) or any other 

20 Federal environmental law; or 

21 (2) affects the responsibility of any Federal offi22 cer to comply with or enforce any law or requirement 

23 described in this subsection. 


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1 SEC. 1049. CREDIT IN LIEU OF REIMBURSEMENT. 

2 Section 1022(b) of the Water Resources Reform and 

3 Development Act of 2014 (33 U.S.C. 2225(b)) is amended— 

4 (1) by inserting ‘‘all or a portion of’’ before 

5 ‘‘such credit’’; and 

6 (2) by inserting ‘‘or of any governmental entity 

7 to which such credit is transferred, subject to the con8 dition that the Secretary approves the transfer’’ before 

9 the period at the end. 

10 TITLE II—STUDIES, MODIFICA11 TIONS, AND PROJECT AU12 THORIZATIONS 

13 Subtitle A—Studies 

14 SEC. 2001. AUTHORIZATION OF PROPOSED FEASIBILITY 

15 STUDIES. 

16 The Secretary is authorized to conduct a feasibility 

17 study for the following projects for water resources develop18 ment and conservation and other purposes, as identified in 

19 the reports titled ‘‘Report to Congress on Future Water Re20 sources Development’’ submitted to Congress in March 2017 

21 and February 2018, respectively, pursuant to section 7001 

22 of the Water Resources Reform and Development Act of 

23 2014 (33 U.S.C. 2282d) or otherwise reviewed by Congress: 

24 (1) LOWER MISSISSIPPI RIVER, ARKANSAS, KEN25 TUCKY, LOUISIANA, MISSOURI, MISSISSIPPI, AND TEN26 NESSEE.—Project for water quality monitoring proVerDate Sep 11 2014 23:04 May 22, 2018 Jkt 079200 PO 00000 Frm 00269 Fmt 6652 Sfmt 6203 E:\BILLS\S2800.RS S2800

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1 gram and planning, engineering, and design for 8 

2 conservation reach habitat areas, Lower Mississippi 

3 River, Arkansas, Kentucky, Louisiana, Missouri, Mis4 sissippi, and Tennessee. 

5 (2) OUACHITA-BLACK RIVERS NAVIGATION

6 PROJECT, ARKANSAS AND LOUISIANA.—Project for 

7 navigation, Lower Little River, Arkansas and Lou8 isiana. 

9 (3) SAN DIEGO RIVER 1, 2, AND 3 LEVEE SYS10 TEM.—Project for flood risk reduction, navigation, 

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

12 3 levee system, California. 

13 (4) NORTHSHORE FLOOD RISK REDUCTION, LOU14 ISIANA.—Project for northshore flood risk reduction, 

15 St. Tammany Parish, Louisiana. 

16 (5) ST. LOUIS RIVERFRONT-MERAMEC RIVER

17 BASIN, MISSOURI.—Project for ecosystem restoration, 

18 St. Louis riverfront-Meramec River Basin, Missouri, 

19 authorized by the resolution adopted by the Com20 mittee on Transportation and Infrastructure of the 

21 House of Representatives on June 21, 2000, to modify 

22 the project to add flood risk management as a project 

23 purpose and to expand the study area to include the 

24 entire Meramec River Basin. 


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1 (6) CHAUTAUQUA LAKE, NEW YORK.—Project for 

2 ecosystem restoration and flood risk management, 

3 Chautauqua Lake, New York. 

4 (7) TRINITY RIVER AND TRIBUTARIES, TEXAS.— 

5 Project for navigation, Trinity River and tributaries, 

6 channel to Liberty, Texas. 

7 (8) COASTAL VIRGINIA WATER RESOURCES, VIR8 GINIA.—Project for hurricane and storm damage risk 

9 reduction, coastal Virginia water resources, Virginia. 

10 (9) TANGIER ISLAND, VIRGINIA.—Project for eco11 system restoration, flood risk management, and navi12 gation, Tangier Island, Virginia. 

13 SEC. 2002. LOWER MISSOURI RIVER BANK STABILIZATION 

14 AND NAVIGATION. 

15 The Secretary is authorized to conduct a study on the 

16 function and reliability of the Lower Missouri River Bank 

17 stabilization and navigation project, authorized by the first 

18 section of the Act of July 25, 1912 (37 Stat. 219, chapter 

19 253). 

20 Subtitle B—Deauthorizations, 

21 Modifications, and Related Pro22 visions 

23 SEC. 2101. SAVANNAH HARBOR EXPANSION PROJECT. 

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

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


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

2 ‘‘$677,613,600’’; 

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

4 ‘‘$295,829,400’’; and 

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

6 ‘‘$973,443,000’’. 

7 SEC. 2102. DEAUTHORIZATION OF SVENSEN ISLAND. 

8 The project for flood risk management, Svensen Island, 

9 Oregon, authorized by section 204 of the Flood Control Act 

10 of 1950 (64 Stat. 180), is no longer authorized beginning 

11 on the date of enactment of this Act. 

12 SEC. 2103. WHITTIER NARROWS STUDY. 

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

14 of enactment of this Act, the Secretary shall complete a 

15 study evaluating the impacts of removing 1 percent of the 

16 flowage spreading grounds from the flood control easement 

17 granted for the Whittier Narrows dam for the project on 

18 the San Gabriel River authorized by section 5 of the Act 

19 of June 22, 1936 (commonly known as the ‘‘Flood Control 

20 Act of 1936’’) (49 Stat. 1589, chapter 688; 33 U.S.C. 701h). 

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

22 enactment of this Act, the Secretary shall submit to Con23 gress a report describing the results of the study under sub24 section (a). 


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1 SEC. 2104. WEST TENNESSEE TRIBUTARIES PROJECT, TEN2 NESSEE. 

3 The West Tennessee tributaries project along the Obion 

4 and Forked Deer Rivers, Tennessee, authorized by section 

5 203 of the Flood Control Act of 1948 (62 Stat. 1178) and 

6 modified by section 207 of the Flood Control Act of 1966 

7 (80 Stat. 1423), section 3(a) of the Water Resources Devel8 opment Act of 1974 (88 Stat. 14), and section 183 of the 

9 Water Resources Development Act of 1976 (90 Stat. 2940) 

10 is no longer authorized beginning on the date of enactment 

11 of this Act. 

12 SEC. 2105. BRIDGEPORT HARBOR-PEQUONNOCK RIVER 

13 NAVIGATION PROJECT, CONNECTICUT. 

14 The portions of the project for navigation, Bridgeport 

15 Harbor-Pequonnock River, Bridgeport, Connecticut, au16 thorized by the first section of the Act of June 18, 1878 

17 (20 Stat. 158, chapter 264), the first section of the Act of 

18 August 11, 1888 (25 Stat. 401, chapter 860), the first sec19 tion of the Act of March 3, 1899 (30 Stat. 1122, chapter 

20 425), the first section of the Act of June 25, 1910 (36 Stat. 

21 633, chapter 382), and the first section of the Act of July 

22 3, 1930 (46 Stat. 919, chapter 847), located north of Con23 gress Street in Bridgeport, Connecticut, are no longer au24 thorized beginning on the date of enactment of this Act. 


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1 SEC. 2106. LEVEES L-212 AND L-231, FOUR RIVER BASIN, 

2 OCKLAWAHA RIVER, FLORIDA. 

3 The portions of the project for flood control and other 

4 purposes, Four River Basins, Florida, authorized by section 

5 203 of the Flood Control Act of 1962 (76 Stat. 1183), con6 sisting of levees L-212 and L-231 along the Ocklawaha 

7 River, Florida, are no longer authorized beginning on the 

8 date of enactment of this Act. 

9 SEC. 2107. CORPS OF ENGINEERS BRIDGE REPAIR AND DI10 VESTITURE PROGRAM FOR NEW ENGLAND 

11 EVACUATION ROUTES. 

12 (a) IN GENERAL.—Subject to the availability of appro13 priations, the Secretary is authorized to repair or replace, 

14 as necessary, any bridge owned and operated by the Sec15 retary that is— 

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

17 Maine, Massachusetts, New Hampshire, Rhode Island, 

18 or Vermont; and 

19 (2) necessary for evacuation during a natural or 

20 manmade weather event. 

21 (b) SALE OR DIVESTMENT.—Notwithstanding any 

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

23 after the completion of the repair or replacement of a bridge 

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

25 to a willing non-Federal entity, which shall assume ownerVerDate Sep 11 2014 23:04 May 22, 2018 Jkt 079200 PO 00000 Frm 00274 Fmt 6652 Sfmt 6203 E:\BILLS\S2800.RS S2800

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1 ship and responsibility for the operation and maintenance 

2 of the bridge. 

3 SEC. 2108. BOSTON HARBOR RESERVED CHANNEL 

4 DEAUTHORIZATIONS. 

5 (a) 40-FOOT RESERVED CHANNEL.— 

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

7 navigation, Boston Harbor, Massachusetts, authorized 

8 by the first section of the Act of October 17, 1940 (54 

9 Stat. 1198, chapter 895) and modified by section 101 

10 of the River and Harbor Act of 1958 (72 Stat. 297), 

11 section 101(a)(13) of the Water Resources Develop12 ment Act of 1990 (104 Stat. 4607), and section 

13 7002(1) of the Water Resources Reform and Develop14 ment Act of 2014 (128 Stat. 1365) described in para15 graph (2) are no longer authorized beginning on the 

16 date of enactment of this Act. 

17 (2) AREAS DESCRIBED.— 

18 (A) FIRST AREA.—The first areas described 

19 in this paragraph are— 

20 (i) beginning at a point N. 

21 2950154.45, E. 785995.64; 

22 (ii) running southwesterly about 

23 1451.63 feet to a point N. 2950113.83, E. 

24 784544.58; 


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1 (iii) running southeasterly about 54.00 

2 feet to a point N. 2950059.85, E. 784546.09; 

3 (iv) running southwesterly about 

4 1335.82 feet to a point N. 2950022.48, E. 

5 783210.79; 

6 (v) running northwesterly about 83.00 

7 feet to a point N. 2950105.44, E. 783208.47; 

8 (vi) running northeasterly about 

9 2787.45 feet to a point N. 2950183.44, E. 

10 785994.83; and 

11 (vii) running southeasterly about 29.00 

12 feet to the point described in clause (i). 

13 (B) SECOND AREA.—The second areas de14 scribed in this paragraph are— 

15 (i) beginning at a point N. 

16 2950502.86, E. 785540.84; 

17 (ii) running northeasterly about 46.11 

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

19 (iii) running southwesterly about 25.67 

20 feet to a point N. 2950480.84, E. 785576.18; 

21 (iv) running southwesterly to a point 

22 N. 2950414.32, E. 783199.83; 

23 (v) running northwesterly about 8.00 

24 feet to a point N. 2950422.32, E. 783199.60; 


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1 (vi) running northeasterly about 

2 2342.58 feet to a point N. 2950487.87, E. 

3 785541.26; and 

4 (vii) running northwesterly about 

5 15.00 feet to the point described in clause 

6 (i). 

7 (b) 35-FOOT RESERVED CHANNEL.— 

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

9 navigation, Boston Harbor, Massachusetts, authorized 

10 by the first section of the Act of October 17, 1940 (54 

11 Stat. 1198, chapter 895) and modified by section 101 

12 of the River and Harbor Act of 1958 (72 Stat. 297) 

13 described in paragraph (2) are no longer authorized 

14 beginning on the date of enactment of this Act. 

15 (2) AREAS DESCRIBED.— 

16 (A) FIRST AREA.—The first areas described 

17 in this paragraph are— 

18 (i) beginning at a point N. 

19 2950143.44, E. 787532.14; 

20 (ii) running southeasterly about 22.21 

21 feet to a point N. 2950128.91, E. 787548.93; 

22 (iii) running southwesterly about 

23 4,339.42 feet to a point N. 2950007.48, E. 

24 783211.21; 


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1 (iv) running northwesterly about 15.00 

2 feet to a point N. 2950022.48, E. 783210.79; 

3 and 

4 (v) running northeasterly about 

5 4,323.05 feet to the point described in clause 

6 (i). 

7 (B) SECOND AREA.—The second areas de8 scribed in this paragraph are— 

9 (i) beginning at a point N. 

10 2950502.86, E. 785540.84; 

11 (ii) running southeasterly about 15.00 

12 feet to a point N. 2950487.87, E. 785541.26; 

13 (iii) running southwesterly about 

14 2342.58 feet to a point N. 2950422.32, E. 

15 783199.60; 

16 (iv) running southeasterly about 8.00 

17 feet to a point N. 2950414.32, E. 783199.83; 

18 (v) running southwesterly about 

19 1339.12 feet to a point N. 2950376.85, E. 

20 781861.23; 

21 (vi) running northwesterly about 23.00 

22 feet to a point N. 2950399.84, E. 781860.59; 

23 and 


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1 (vii) running northeasterly about 

2 3681.70 feet to the point described in clause 

3 (i). 

4 SEC. 2109. PROJECT DEAUTHORIZATION AND STUDY EX5 TENSIONS. 

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

7 of the Water Resources Reform and Development Act of 

8 2014 (33 U.S.C. 579c(a)) is amended— 

9 (1) by striking ‘‘7-year period’’ each place it ap10 pears and inserting ‘‘10-year period’’; and 

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

12 ‘‘(3) CALCULATION.—In calculating the time pe13 riod under paragraph (1), the Secretary shall not in14 clude any period of time during which the project is 

15 being reviewed and awaiting a decision by the Sec16 retary on a locally preferred plan for that project 

17 under section 1036(a). 

18 ‘‘(4) EXCEPTION.—The Secretary shall not de19 authorize any project during the period described in 

20 paragraph (3).’’. 

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

22 Water Resources Reform and Development Act of 2014 (33 

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

24 inserting ‘‘10 years’’. 


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1 SEC. 2110. DEAUTHORIZATION OF INACTIVE STUDIES. 

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

3 (1) to identify $7,500,000,000 in feasibility stud4 ies for water resources development projects that have 

5 been authorized but are no longer viable due to— 

6 (A) a lack of local support; 

7 (B) a lack of available Federal or non-Fed8 eral resources; or 

9 (C) an authorizing purpose that is no 

10 longer relevant; 

11 (2) to create an expedited and definitive process 

12 for Congress to deauthorize feasibility studies for 

13 water resources development projects that are no 

14 longer viable; and 

15 (3) to allow the continued authorization of feasi16 bility studies for water resources development projects 

17 that are viable. 

18 (b) INTERIM DEAUTHORIZATION LIST.— 

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

20 an interim deauthorization list that identifies each 

21 feasibility study for a water resources development 

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

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

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

25 of enactment of this Act; and 


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1 (B) for which no Federal funds have been 

2 made available during the 10-year period pre3 ceding the date of enactment of this Act. 

4 (2) PUBLIC COMMENT AND CONSULTATION.— 

5 (A) IN GENERAL.—The Secretary shall so6 licit comments from the public and from the 

7 Governor of each applicable State on the interim 

8 deauthorization list developed under paragraph 

9 (1). 

10 (B) COMMENT PERIOD.—The comment pe11 riod shall be 90 days. 

12 (3) SUBMISSION TO CONGRESS; PUBLICATION.— 

13 Not later than 90 days after the date of the close of 

14 the comment period under paragraph (2), the Sec15 retary shall— 

16 (A) submit a revised interim deauthoriza17 tion list to the Committee on Environment and 

18 Public Works of the Senate and the Committee 

19 on Transportation and Infrastructure of the 

20 House of Representatives; and 

21 (B) publish the revised interim deauthoriza22 tion list in the Federal Register. 

23 (c) FINAL DEAUTHORIZATION LIST.— 

24 (1) IN GENERAL.—The Secretary shall develop a 

25 final deauthorization list of feasibility studies from 


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1 the revised interim deauthorization list described in 

2 subsection (b)(3). 

3 (2) DEAUTHORIZATION AMOUNT.— 

4 (A) PROPOSED FINAL LIST.—The Secretary 

5 shall prepare a proposed final deauthorization 

6 list of feasibility studies that have, in the aggre7 gate, an estimated Federal cost to complete that 

8 is at least $7,500,000,000. 

9 (B) DETERMINATION OF FEDERAL COST TO

10 COMPLETE.—For purposes of subparagraph (A), 

11 the Federal cost to complete shall take into ac12 count any allowances authorized by section 902 

13 of the Water Resources Development Act of 1986 

14 (33 U.S.C. 2280), as applied to the most recent 

15 study schedule and cost estimate. 

16 (3) IDENTIFICATION OF STUDIES.— 

17 (A) SEQUENCING OF STUDIES.— 

18 (i) IN GENERAL.—Except as provided 

19 in clause (ii), the Secretary shall identify 

20 feasibility studies for inclusion on the pro21 posed final deauthorization list according to 

22 the order in which the feasibility studies 

23 were authorized, beginning with the earliest 

24 authorized feasibility study and ending 

25 with the latest feasibility study necessary to 


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1 meet the aggregate amount under para2 graph (2)(A). 

3 (ii) FACTORS TO CONSIDER.—The Sec4 retary may identify feasibility studies in an 

5 order other than that established by clause 

6 (i) if the Secretary determines, on a case7 by-case basis, that a feasibility study is 

8 critical for interests of the United States, 

9 based on the possible impact of the project 

10 that is the subject of the feasibility study on 

11 public health and safety, the national econ12 omy, or the environment. 

13 (iii) CONSIDERATION OF PUBLIC COM14 MENTS.—In making determinations under 

15 clause (ii), the Secretary shall consider any 

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

17 (B) APPENDIX.—The Secretary shall in18 clude as part of the proposed final deauthoriza19 tion list an appendix that— 

20 (i) identifies each feasibility study on 

21 the interim deauthorization list developed 

22 under subsection (b) that is not included on 

23 the proposed final deauthorization list; and 


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1 (ii) describes the reasons why the feasi2 bility study is not included on the proposed 

3 final list. 

4 (4) PUBLIC COMMENT AND CONSULTATION.— 

5 (A) IN GENERAL.—The Secretary shall so6 licit comments from the public and the Governor 

7 of each applicable State on the proposed final de8 authorization list and appendix developed under 

9 paragraphs (2) and (3). 

10 (B) COMMENT PERIOD.—The public com11 ment period shall be 90 days. 

12 (5) SUBMISSION OF FINAL LIST TO CONGRESS; 

13 PUBLICATION.—Not later than 120 days after the date 

14 of the close of the comment period under paragraph 

15 (4), the Secretary shall— 

16 (A) submit a final deauthorization list and 

17 an appendix to the final deauthorization list in 

18 a report to the Committee on Environment and 

19 Public Works of the Senate and the Committee 

20 on Transportation and Infrastructure of the 

21 House of Representatives; and 

22 (B) publish the final deauthorization list 

23 and the appendix to the final deauthorization 

24 list in the Federal Register. 

25 (d) DEAUTHORIZATION; CONGRESSIONAL REVIEW.— 


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

2 180-day period beginning on the date of submission 

3 of the final deauthorization list and appendix under 

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

5 final deauthorization list shall be deauthorized, unless 

6 Congress passes a joint resolution disapproving the 

7 final deauthorization list prior to the end of that pe8 riod. 

9 (2) NON-FEDERAL CONTRIBUTIONS.— 

10 (A) IN GENERAL.—A feasibility study iden11 tified in the final deauthorization list under sub12 section (c) shall not be deauthorized under this 

13 subsection if, before the expiration of the 180-day 

14 period referred to in paragraph (1), the non-Fed15 eral interest for the feasibility study provides 

16 sufficient funds to complete the feasibility study. 

17 (B) TREATMENT OF STUDIES.—Notwith18 standing subparagraph (A), each feasibility 

19 study identified in the final deauthorization list 

20 shall be treated as deauthorized for purposes of 

21 the aggregate deauthorization amount described 

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

23 (3) FEASIBILITY STUDIES IDENTIFIED IN APPEN24 DIX.—A feasibility study identified in the appendix 


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1 to the final deauthorization list shall remain subject 

2 to future deauthorization by Congress. 

3 SEC. 2111. CERTAIN DISPOSITION STUDIES. 

4 (a) DEFINITION OF DISPOSITION STUDY.—In this sec5 tion, the term ‘‘disposition study’’ includes— 

6 (1) a project review under section 216 of the 

7 Flood Control Act of 1970 (33 U.S.C. 549a); and 

8 (2) the assessment and inventory under section 

9 6002 of the Water Resources Reform and Development 

10 Act of 2014 (128 Stat. 1349). 

11 (b) ENVIRONMENTAL QUALITY.—In carrying out a 

12 disposition study, the Secretary may consider modifications 

13 that would improve the overall quality of the environment 

14 in the public interest, including removal of the project or 

15 a separable element of the project. 

16 SEC. 2112. LOCKS AND DAMS 1 THROUGH 4, KENTUCKY 

17 RIVER, KENTUCKY. 

18 (a) IN GENERAL.—Beginning on the date of enactment 

19 of this Act, commercial navigation at Locks and Dams 1 

20 through 4, Kentucky River, Kentucky, shall no longer be 

21 authorized, and the land and improvements associated with 

22 the locks and dams shall be disposed of consistent with sub23 section (b) and in accordance with the report of the Director 

24 of Civil Works entitled ‘‘Kentucky River Locks and Dams 


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1 1, 2, 3, and 4, Disposition Study and Integrated Environ2 mental Assessment’’ and dated April 20, 2018. 

3 (b) DISPOSITION.—The Secretary shall convey to the 

4 State of Kentucky (referred to in this section as the 

5 ‘‘State’’), for the use and benefit of the Kentucky River Au6 thority, all right, title, and interest of the United States, 

7 together with any improvements on the land, including im8 provements located in the Kentucky River, in and to— 

9 (1) Lock and Dam 1, located in Carroll County, 

10 Kentucky; 

11 (2) Lock and Dam 2, located in Owen and 

12 Henry counties, Kentucky; 

13 (3) Lock and Dam 3, located in Owen and 

14 Henry counties, Kentucky; and 

15 (4) Lock and Dam 4, located in Franklin Coun16 ty, Kentucky. 

17 (c) CONDITIONS.— 

18 (1) QUITCLAIM DEED.—A conveyance under sub19 section (b) shall be accomplished by quitclaim deed 

20 and without consideration. 

21 (2) ADMINISTRATIVE COSTS.—The Secretary 

22 shall be responsible for all administrative costs associ23 ated with a conveyance under subsection (b), includ24 ing the costs of any surveys the Secretary determines 

25 to be necessary. 


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1 (3) ADDITIONAL TERMS AND CONDITIONS.—A 

2 conveyance under subsection (b) shall be subject to 

3 such additional terms and conditions as the Secretary 

4 determines to be necessary to protect the public inter5 est. 

6 (4) LIABILITY.—A conveyance under subsection 

7 (b) shall require the State to hold the United States 

8 harmless from any and all liability with respect to 

9 activities carried out on the property on or after the 

10 date of the conveyance under subsection (b). 

11 (5) IMPROVEMENTS PROHIBITED.— 

12 (A) IN GENERAL.—The Secretary may not 

13 improve the locks and dams and land and im14 provements associated with the locks and dams 

15 described in subsection (b) on or after the date 

16 of enactment of this Act. 

17 (B) SAVINGS CLAUSE.—Nothing in sub18 paragraph (A) prohibits the State from improv19 ing the locks and dams and the land and im20 provements associated with the locks and dams 

21 described in subsection (b) on or after the date 

22 of conveyance under subsection (b). 

23 (6) APPLICABILITY OF REAL PROPERTY SCREEN24 ING PROVISIONS.—Section 2696 of title 10, United 


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1 States Code, shall not apply to any conveyance under 

2 subsection (b). 

3 (d) SAVINGS CLAUSE.—If the State does not accept the 

4 conveyance under subsection (b) of the land and improve5 ments associated with the locks and dams described in sub6 section (b), the Secretary may dispose of the land and im7 provements under subchapter III of chapter 5 of title 40, 

8 United States Code. 

9 SEC. 2113. KISSIMMEE RIVER RESTORATION. 

10 The Secretary may credit work performed or to be per11 formed by the non-Federal sponsor of the project for eco12 system restoration, Kissimmee River, Florida, authorized 

13 by section 101(8) of the Water Resources Development Act 

14 of 1992 (106 Stat. 4802), as an in-kind contribution under 

15 section 221(a)(4) of the Flood Control Act of 1970 (42 

16 U.S.C. 1962d–5b(a)(4)), in accordance with the report re17 lating to the Central and Southern Florida Project, Kis18 simmee River Restoration Project and dated April 27, 2018. 

19 SEC. 2114. NORFOLK HARBOR AND CHANNEL, THIMBLE 

20 SHOAL WIDENING, VIRGINIA. 

21 The Secretary may carry out the modifications to the 

22 project for navigation, Norfolk Harbor and Channels, Vir23 ginia, authorized by section 201(a) of the Water Resources 

24 Development Act of 1986 (100 Stat. 4090), as identified in 

25 the report entitled ‘‘Report to Congress on Future Water 


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1 Resources Development’’ submitted to Congress in February 

2 2018, pursuant to section 7001 of the Water Resources Re3 form and Development Act of 2014 (33 U.S.C. 2282d). 

4 Subtitle C—Water Resources 

5 Infrastructure 

6 SEC. 2201. PROJECT AUTHORIZATIONS. 

7 The following projects for water resources development 

8 and conservation and other purposes, as identified in the 

9 report entitled ‘‘Report to Congress on Future Water Re10 sources Development’’ submitted to Congress in March 2017, 

11 pursuant to section 7001 of the Water Resources Reform 

12 and Development Act of 2014 (33 U.S.C. 2282d) or other13 wise reviewed by Congress, are authorized to be carried out 

14 by the Secretary substantially in accordance with the plans, 

15 and subject to the conditions, described in the respective re16 ports designated in this section: 

17 (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 

18 (2) FLOOD RISK MANAGEMENT.— 


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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 

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 


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

2 MASSACHUSETTS. 

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

4 the status of— 

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

6 (2) the project for flood damage reduction and 

7 environmental restoration, Muddy River, Brookline 

8 and Boston, Massachusetts, authorized by section 522 

9 of the Water Resources Development Act of 2000 (114 

10 Stat. 2656). 

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

12 of enactment of this Act, the Secretary shall submit to Con13 gress a report describing the results of the study under sub14 section (a). 

15 (c) REQUIREMENTS.—The report under subsection (b) 

16 shall include— 

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

18 for deauthorizing the projects described in subsection 

19 (a); 

20 (2) if practicable, a description of conditions 

21 needed by the Secretary for the Secretary to reauthor22 ize the projects described in subsection (a). 

23 (d) TREATMENT.—The report under subsection (b) 

24 shall be considered to be a feasibility report for purposes 

25 of section 7001 of the Water Resources Reform and Develop26 ment Act of 2014 (33 U.S.C. 2282d). 


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1 SEC. 2203. ENVIRONMENTAL INFRASTRUCTURE PROJECTS. 

2 Section 219 of the Water Resources Development Act 

3 of 1992 (106 Stat. 4835, 113 Stat. 334, 114 Stat. 2763A4 219, 121 Stat. 1242, 121 Stat. 1261) is amended— 

5 (1) in subsection (f)— 

6 (A) in paragraph (25), by striking 

7 ‘‘$60,000,000’’ and inserting ‘‘$90,000,000’’; 

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

9 ‘‘$35,000,000’’ and inserting ‘‘$70,000,000’’; and 

10 (C) by striking paragraph (121) and insert11 ing the following: 

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

13 $16,000,000 for wastewater infrastructure, Charlotte 

14 County, Florida.’’; and 

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

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

17 The Secretary shall consider and complete an assessment 

18 of the following projects: 

19 ‘‘(1) MACOMB COUNTY, MICHIGAN.—The project 

20 for wastewater infrastructure, Macomb County, 

21 Michigan. 

22 ‘‘(2) MILWAUKEE AND SHOREWOOD, WIS23 CONSIN.—The project for wastewater infrastructure, 

24 Milwaukee and Shorewood, Wisconsin.’’. 


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1 SEC. 2204. CONDITIONAL REAUTHORIZATION OF ENVIRON2 MENTAL PROJECTS. 

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

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

5 2021, if the Secretary receives from the project sponsor a 

6 written request for the authorization by not later than 90 

7 days after the date of enactment of this Act. 

8 (b) DESCRIPTION OF PROJECTS.—A project referred to 

9 in subsection (a) is a project that— 

10 (1) is an environmental project, as determined 

11 by the Chief of Engineers; 

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

13 Resources Development Act of 1992 (106 Stat. 4835; 

14 113 Stat. 334); and 

15 (3) was authorized— 

16 (A) pursuant to an amendment to that sec17 tion made by section 5158 of the Water Re18 sources Development Act of 2007 (121 Stat. 

19 1258); and 

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

21 $2,000,000 for improvements to water related in22 frastructure. 

23 SEC. 2205. SENSE OF CONGRESS RELATING TO WEST 

24 HAVEN, CONNECTICUT. 

25 It is the sense of Congress that, to the maximum extent 

26 practicable, the Secretary should prioritize the project for 


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1 storm damage reduction, West Haven, Connecticut, author2 ized by section 101 of the River and Harbor Act of 1954 

3 (68 Stat. 1254) and section 3 of the Act of August 13, 1946 

4 (60 Stat. 1056, chapter 960; 33 U.S.C. 426g). 

5 SEC. 2206. COASTAL TEXAS STUDY. 

6 Notwithstanding any other provision of law, the Sec7 retary shall expedite the completion of studies for flood 

8 damage reduction, hurricane and storm damage reduction, 

9 and ecosystem restoration in the coastal areas of Texas that 

10 are identified in the interim report due to be published in 

11 2018 that describes the tentatively selected plan developed 

12 in accordance with section 4091 of the Water Resources De13 velopment Act of 2007 (121 Stat. 1187). 

14 Subtitle D—Expedited and Modified 

15 Studies and Projects 

16 SEC. 2301. RAHWAY RIVER BASIN FLOOD RISK MANAGE17 MENT PROJECT. 

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

19 Infrastructure Improvements for the Nation Act (130 Stat. 

20 1707), the Secretary shall expedite completion of the report 

21 for the project for flood risk management, Rahway River 

22 Basin, New Jersey, and, if the Secretary determines that 

23 the project is justified in the completed report, proceed di24 rectly to project preconstruction, engineering, and design in 


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1 accordance with section 910 of the Water Resources Devel2 opment Act of 1986 (33 U.S.C. 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 Nation 

11 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 to— 

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

16 Rhode Island, authorized by the first section of the 

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

18 and section 301 of the River and Harbor Act of 1965 

19 (79 Stat. 1089); 

20 (2) the feasibility study for the project for coastal 

21 storm risk management, Pawcatuck River, Rhode Is22 land, authorized in the matter under the heading ‘‘IN23 VESTIGATIONS’’ under the heading ‘‘CORPS OF ENGI24 NEERS—CIVIL’’ under the heading ‘‘DEPARTMENT 

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1 aster Relief Appropriations Act, 2013 (Public Law 

2 113–2; 127 Stat. 23); and 

3 (3) the Rhode Island historical structure flood 

4 hazard vulnerability assessment. 

5 SEC. 2304. CEDAR RIVER, IOWA. 

6 The Secretary shall expedite the project for flood risk 

7 management at Cedar River, Cedar Rapids, Iowa, author8 ized by section 7002(2) of the Water Resources Reform and 

9 Development Act of 2014 (128 Stat. 1366). 

10 SEC. 2305. PLYMOUTH HARBOR, MASSACHUSETTS. 

11 The Secretary shall expedite and complete the dredging 

12 of Plymouth Harbor, Massachusetts, as authorized by the 

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

14 Act of September 22, 1922 (42 Stat. 1038, chapter 427), 

15 not later than December 31, 2019. 

16 SEC. 2306. BRANDON ROAD STUDY. 

17 The Secretary shall complete a final feasibility report 

18 for the Great Lakes Mississippi River Interbasin Study 

19 Brandon Road Study, authorized under section 3061(d) of 

20 the Water Resources Development Act of 2007 (121 Stat. 

21 1121) and section 1538(b)(1) of MAP–21 (Public Law 112– 

22 141; 126 Stat. 586) by the original deadline of February 

23 2019. 


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1 SEC. 2307. CENTRAL EVERGLADES PLANNING PROJECT. 

2 The Secretary shall expedite construction of a reservoir 

3 south of Lake Okeechobee as part of the project for ecosystem 

4 restoration in the central Everglades authorized by section 

5 1401(4) of the Water Infrastructure Improvements for the 

6 Nation Act (130 Stat. 1713). 

7 SEC. 2308. PORTSMOUTH HARBOR AND PISCATAQUA RIVER. 

8 The Secretary shall expedite the project for navigation 

9 for Portsmouth Harbor and the Piscataqua River author10 ized by section 101 of the River and Harbor Act of 1962 

11 (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 (130 

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

21 Plan and Table Rock Lake Shoreline Management Plan. 

22 SEC. 2311. MCCOOK RESERVOIR, ILLINOIS. 

23 The Secretary shall consider the project for flood con24 trol at McCook Reservoir, Illinois, authorized by section 

25 3(a)(5) of the Water Resources Development Act of 1988 

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1 Federal project implementation pilot project under section 

2 1043(b) of the Water Resources Reform and Development 

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

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

5 The Secretary shall expedite the review for the study 

6 for navigation and channel deepening, Baptiste Collette 

7 Bayou, Louisiana, under section 203 of the Water Resources 

8 Development Act of 1986 (33 U.S.C. 2231). 

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

10 The Secretary shall expedite completion of the project 

11 for hurricane and storm damage risk reduction, Morganza 

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

13 Water Resources Reform and Development Act of 2014 (128 

14 Stat. 1368). 

15 SEC. 2314. LOUISIANA COASTAL AREA. 

16 The Secretary shall expedite completion of the project 

17 for environmental restoration, Louisiana Coastal Area, 

18 Louisiana, authorized by section 7002(5) of the Water Re19 sources Reform and Development Act of 2014 (128 Stat. 

20 1370). 

21 SEC. 2315. LOUISIANA COASTAL AREA–BARATARIA BASIN 

22 BARRIER. 

23 The Secretary shall expedite completion of the project 

24 for environmental restoration, Louisiana Coastal Area– 

25 Barataria Basin Barrier, Louisiana, authorized by section 


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

2 Act of 2014 (128 Stat. 1370). 

3 SEC. 2316. WEST SHORE LAKE PONTCHARTRAIN, LOU4 ISIANA. 

5 The Secretary shall expedite completion of the project 

6 for hurricane and storm damage risk reduction, West Shore 

7 Lake Pontchartrain, Louisiana, authorized by section 

8 1401(3) of the Water Infrastructure Improvements for the 

9 Nation Act (130 Stat. 1712). 

10 SEC. 2317. SOUTHWEST COASTAL LOUISIANA. 

11 The Secretary shall expedite completion of the project 

12 for hurricane and storm damage risk reduction and eco13 system restoration, Southwest Coastal Louisiana, Lou14 isiana, authorized by section 1401(8) of the Water Infra15 structure Improvements for the Nation Act (130 Stat. 

16 1715). 

17 SEC. 2318. NEW YORK–NEW JERSEY HARBOR AND TRIBU18 TARIES FEASIBILITY STUDY. 

19 Not later than 90 days after the date of enactment of 

20 this Act, the Secretary shall complete the New York-New 

21 Jersey Harbor and Tributaries Focus Area Feasibility 

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

23 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. 2269). 

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

8 of each separable element of the project described in sub9 section (a) may not exceed $10,000,000. 

10 SEC. 2320. HAMPTON HARBOR, NEW HAMPSHIRE, NAVIGA11 TION IMPROVEMENT PROJECT. 

12 In carrying out the project for navigation, Hampton 

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

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

15 use all existing authorities of the Secretary to mitigate se16 vere shoaling. 

17 SEC. 2321. NEW JERSEY AND DELAWARE BACK BAYS COAST18 AL STORM RISK MANAGEMENT. 

19 Notwithstanding section 1001(a)(1) of the Water Re20 sources Reform and Development Act of 2014 (33 U.S.C. 

21 2282c(a)(1)), the final feasibility report for coastal storm 

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

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

24 the date of initiation of the feasibility study for the 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 divesti5 ture of the locks and dams of the Secretary in Minnesota 

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

7 (b) REPORTS.—The Secretary may produce a separate 

8 report for each lock and dam described in subsection (a) 

9 describing the result of the study described in that sub10 section. 

11 (c) PARTIAL DIVESTITURE.—The Secretary shall in12 clude in the report describing the result of the study de13 scribed in subsection (a)— 

14 (1) an examination of the possibility of the par15 tial divestiture of the Secretary from the locks and 

16 dams described in that subsection; 

17 (2) an examination of possible changes to the use 

18 of those locks and dams; and 

19 (3) a plan to expedite divestiture of those locks 

20 and dams. 

21 (d) CONTRIBUTED FUNDS.—The Secretary may accept 

22 and expend funds to carry out the study described in sub23 section (a) that are contributed by a State or a political 

24 subdivision of a State under the Act of October 15, 1940 

25 (54 Stat. 1176, chapter 884; 33 U.S.C. 701–1). 


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1 SEC. 2323. HOUMA NAVIGATION CANAL, LOUISIANA. 

2 The Secretary shall expedite the review for the study 

3 for navigation and channel deepening, Houma Navigation 

4 Canal, Louisiana, authorized by section 1001(24)(B) of the 

5 Water Resources Development Act of 2007 (121 Stat. 1053), 

6 under section 203 of the Water Resources Development Act 

7 of 1986 (33 U.S.C. 2231). 

8 TITLE III—PRIMARY CORPS OF 

9 ENGINEERS ACTIVITIES 

10 Subtitle A—Continuing Authorities 

11 Programs 

12 SEC. 3001. CORPS OF ENGINEERS CONTINUING AUTHORI13 TIES PROGRAM. 

14 (a) STORM AND HURRICANE RESTORATION AND IM15 PACT MINIMIZATION PROGRAM.—Section 3(c) of the Act of 

16 August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 

17 426g(c)) is amended— 

18 (1) in paragraph (1), by striking ‘‘$30,000,000’’ 

19 and inserting ‘‘$45,000,000’’; and 

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

21 ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. 

22 (b) SMALL RIVER AND HARBOR IMPROVEMENT

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

24 1960 (33 U.S.C. 577) is amended— 

25 (1) in subsection (a), by striking ‘‘$50,000,000’’ 

26 and inserting ‘‘$62,500,000’’; and 


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1 (2) in subsection (b), by striking ‘‘$10,000,000’’ 

2 and inserting ‘‘$12,500,000’’. 

3 (c) SHORE DAMAGE PREVENTION OR MITIGATION.— 

4 Section 111 of the River and Harbor Act of 1968 (33 U.S.C. 

5 426i) is amended— 

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

7 and inserting ‘‘$15,000,000’’; and 

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

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

10 of appropriations, in the case of a project under this section 

11 that, on the date of enactment of the America’s Water Infra12 structure Act of 2018, is authorized to be carried out at 

13 a cost greater than $10,000,000, the Secretary may provide 

14 to the project an increase in funding equal to the lesser of— 

15 ‘‘(1) 50 percent of the authorized amount; and 

16 ‘‘(2) $5,000,000.’’. 

17 (d) REGIONAL SEDIMENT MANAGEMENT.—Section 204 

18 of the Water Resources Development Act of 1992 (33 U.S.C. 

19 2326) is amended— 

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

21 ‘‘$10,000,000’’ and inserting ‘‘$12,500,000’’; and 

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

23 striking ‘‘$50,000,000’’ and inserting ‘‘$62,500,000’’. 


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1 (e) SMALL FLOOD CONTROL PROJECTS.—Section 205 

2 of the Flood Control Act of 1948 (33 U.S.C. 701s) is amend3 ed— 

4 (1) in the first sentence, by striking 

5 ‘‘$55,000,000’’ and inserting ‘‘$82,500,000’’; and 

6 (2) in the third sentence, by striking 

7 ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. 

8 (f) AQUATIC ECOSYSTEM RESTORATION.—Section 206 

9 of the Water Resources Development Act of 1996 (33 U.S.C. 

10 2330) is amended— 

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

12 following: 

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

14 under this section, the Secretary shall carry out— 

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

16 a population of 80,000 or less; and 

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

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

19 (2) in subsection (d), by striking ‘‘$10,000,000’’ 

20 and inserting ‘‘$12,500,000’’; and 

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

22 and inserting ‘‘$62,500,000’’. 

23 (g) PROJECT MODIFICATIONS FOR IMPROVEMENT OF

24 ENVIRONMENT.— 


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1 (1) IN GENERAL.—Section 1135 of the Water Re2 sources Development Act of 1986 (33 U.S.C. 2309a) 

3 is amended— 

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

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

6 ‘‘$15,000,000’’; 

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

8 ‘‘$40,000,000’’ and inserting ‘‘$60,000,000’’; 

9 (C) by redesignating subsections (h) and (i) 

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

11 (D) by inserting after subsection (g) the fol12 lowing: 

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

14 carrying out activities under this section in the Upper Mis15 souri River Basin, the Secretary shall give priority to 

16 projects within that area that restore degraded ecosystems 

17 through modification of existing flood risk management 

18 projects.’’. 

19 (2) CONFORMING AMENDMENT.—Section 

20 4014(c)(1) of the Water Resources Reform and Devel21 opment Act of 2014 (33 U.S.C. 2803a(c)(1)) is 

22 amended by striking subparagraph (B) and inserting 

23 the following: 

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

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


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1 (h) EMERGENCY STREAMBANK AND SHORELINE PRO2 TECTION.—Section 14 of the Flood Control Act of 1946 (33 

3 U.S.C. 701r) is amended— 

4 (1) by striking ‘‘$20,000,000’’ and inserting 

5 ‘‘$25,000,000’’; 

6 (2) by striking ‘‘$5,000,000’’ and inserting 

7 ‘‘$7,500,000’’; and 

8 (3) by striking ‘‘one fiscal year.’’ and inserting 

9 the following: ‘‘1 fiscal year: Provided further, That 

10 the Secretary shall give priority to areas that are re11 covering from significant high water levels or flooding 

12 that occurred within the 24-month period ending on 

13 the date on which the Secretary makes an allotment 

14 under this section.’’. 

15 SEC. 3002. SENSE OF CONGRESS RELATING TO CONTINUING 

16 AUTHORITIES PROGRAM. 

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

18 there should be made available to the Secretary the full 

19 amount of appropriations to carry out the continuing au20 thorities program, which consists of— 

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

22 (33 U.S.C. 701r); 

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

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


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

2 1960 (33 U.S.C. 577); 

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

4 1968 (33 U.S.C. 426i); 

5 (5) section 204 of the Water Resources Develop6 ment Act of 1992 (33 U.S.C. 2326); 

7 (6) section 205 of the Flood Control Act of 1948 

8 (33 U.S.C. 701s); 

9 (7) section 206 of the Water Resources Develop10 ment Act of 1996 (33 U.S.C. 2330); 

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

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

13 (9) section 1135 of the Water Resources Develop14 ment Act of 1986 (33 U.S.C. 2309a). 

15 SEC. 3003. REPORT RELATING TO AVAILABILITY OF 

16 PRIORITIZED CAP PROJECTS. 

17 As soon as practicable after the date of enactment of 

18 this Act, the Secretary shall publish in the Federal Register 

19 and on a publicly available website the prioritization cri20 teria and the annual report required under paragraphs (2) 

21 and (3), respectively, of section 1030(a) of the Water Re22 sources Reform and Development Act of 2014 (33 U.S.C. 

23 400). 


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1 Subtitle B—Navigation 

2 PART I—INLAND WATERWAYS 

3 SEC. 3101. GAO STUDY ON NAVIGATION AND ECOSYSTEM 

4 SUSTAINABILITY PROGRAM. 

5 Not later than 1 year after the date of enactment of 

6 this Act, the Comptroller General of the United States 

7 shall— 

8 (1) complete a study on the implementation of 

9 the navigation and ecosystem sustainability program 

10 under title VIII of the Water Resources Development 

11 Act of 2007 (33 U.S.C. 652 note; Public Law 110– 

12 114); and 

13 (2) submit to Congress a report on the results of 

14 the study under paragraph (1), including a descrip15 tion of the obstacles that must be removed to imple16 ment the program expeditiously. 

17 SEC. 3102. MCCLELLAN-KERR ARKANSAS RIVER NAVIGA18 TION SYSTEM. 

19 (a) IN GENERAL.—For the purposes of project continu20 ation, prior funding for the McClellan-Kerr Arkansas River 

21 Navigation System, 12-foot channel, from appropriations 

22 Acts enacted prior to 2009 shall be deemed to have come 

23 from construction-related accounts, not operations and 

24 maintenance accounts. 


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1 (b) SAVINGS PROVISION.—Nothing in this section al2 ters the existing prioritization for Inland Waterway Trust 

3 Fund activities. 

4 PART II—PORTS AND HARBORS 

5 SEC. 3111. BEACH RENOURISHMENT AND SHORELINE PRO6 TECTION DEMONSTRATION PROGRAM. 

7 (a) IN GENERAL.—Not later than 90 days after the 

8 date of enactment of this Act, the Secretary shall establish 

9 a demonstration program (referred to in this section as the 

10 ‘‘demonstration program’’) to carry out not more than 5 

11 projects for beach renourishment and shoreline protection 

12 along the Mid-Atlantic coast. 

13 (b) PROJECT SELECTION.—The Secretary shall consult 

14 with relevant State agencies in selecting projects under the 

15 demonstration program. 

16 (c) CRITERIA.—The Secretary shall establish criteria 

17 and other considerations for implementation of the dem18 onstration program that— 

19 (1) foster Federal, State, and local collaboration; 

20 (2) evaluate the performance of project assets 

21 within a system that yield system-wide benefits with22 in individual or multiple States; and 

23 (3) include other criteria and considerations that 

24 the Secretary determines to be appropriate. 


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1 (d) COST-SHARING.—Projects carried out under the 

2 demonstration program shall be subject to the cost-sharing 

3 requirements otherwise applicable to beach renourishment 

4 and shoreline protection projects. 

5 (e) REPORT.—Not later than 1 year after the date of 

6 enactment of this Act, and annually thereafter, the Sec7 retary shall submit to the Committee on Environment and 

8 Public Works of the Senate and the Committee on Transpor9 tation and Infrastructure of the House of Representatives 

10 a report that includes findings and recommendations of the 

11 Secretary with respect to the projects completed under the 

12 demonstration program. 

13 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this section 

15 $75,000,000, to remain available until expended. 

16 (g) TERMINATION.—The demonstration program shall 

17 terminate after completion of all projects carried out pursu18 ant to subsection (a). 

19 SEC. 3112. AUTHORIZATION OF APPROPRIATIONS FOR PUR20 CHASE OF MAT SINKING UNIT. 

21 There is authorized to be appropriated to the Secretary 

22 $125,000,000 for the purchase of a mat sinking unit. 

23 SEC. 3113. MAT SINKING UNIT. 

24 It is the sense of Congress that, in considering the least 

25 cost alternative for purchasing a mat sinking unit, the 


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1 Corps of Engineers should consider entering into a lease 

2 to purchase. 

3 SEC. 3114. SENSE OF CONGRESS RELATING TO KENNEBEC 

4 RIVER FEDERAL NAVIGATION CHANNEL. 

5 It is the sense of Congress that periodic maintenance 

6 dredging of the Federal navigation channel in the Kennebec 

7 River, Maine, should be prioritized, based on a joint plan 

8 developed by the Secretary and the Secretary of the Navy. 

9 SEC. 3115. SENSE OF CONGRESS RELATING TO WIL10 MINGTON HARBOR DREDGING. 

11 It is the sense of Congress that the Secretary should 

12 prioritize annual dredging for Wilmington Harbor, Dela13 ware. 

14 SEC. 3116. PORT OF ARLINGTON. 

15 The Secretary shall reimburse the Port of Arlington, 

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

17 costs incurred by the Port of Arlington for construction and 

18 other expenses for the project described in the matter under 

19 the heading ‘‘REGULATORY PROGRAM’’ under the heading 

20 ‘‘CORPS OF ENGINEERS—CIVIL’’ under the heading ‘‘DE21 PARTMENT OF THE ARMY’’ under the heading of ‘‘DE22 PARTMENT OF DEFENSE—CIVIL’’ in title I of divi23 sion C of the Omnibus Appropriations Act, 2009 (Public 

24 Law 111–8; 123 Stat. 604), as authorized under that provi25 sion. 


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1 SEC. 3117. PEARL RIVER BASIN DEMONSTRATION PRO2 GRAM. 

3 (a) DEFINITION OF ENVIRONMENTAL IMPACT STATE4 MENT.—In this section, the term ‘‘environmental impact 

5 statement’’ means the detailed written statement required 

6 under section 102(2)(C) of the National Environmental Pol7 icy Act of 1969 (42 U.S.C. 4332(2)(C)). 

8 (b) DEMONSTRATION PROGRAM.—The Secretary shall 

9 establish a demonstration program to allow a project au10 thorized by section 211 of the Water Resources Development 

11 Act of 1996 (33 U.S.C. 701b–13) (as in effect on the day 

12 before the date of enactment of the Water Resources Reform 

13 and Development Act of 2014 (128 Stat. 1193)) to begin 

14 preliminary engineering and design after the completion of 

15 a feasibility study and an environmental impact statement 

16 for the project. 

17 (c) REQUIREMENTS.—For each project authorized to 

18 begin preliminary engineering and design under subsection 

19 (b)— 

20 (1) the project shall conform to the feasibility 

21 study approved by the headquarters office of the Corps 

22 of Engineers and the environmental impact statement 

23 for the project; and 

24 (2) the Secretary and the non-Federal sponsor 

25 shall jointly agree to the construction design of the 

26 project. 


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1 (d) REPAYMENT.—If a project authorized to begin pre2 liminary engineering and design under subsection (b) does 

3 not receive a favorable final decision document, the non4 Federal sponsor of the project shall repay any funds pro5 vided under this section for the project. 

6 (e) SUNSET.—The authority to carry out the dem7 onstration program under this section shall terminate on 

8 the date that is 5 years after the date of enactment of this 

9 Act. 

10 SEC. 3118. EXPEDITED INITIATION. 

11 Section 1322(b)(2) of the Water Infrastructure Im12 provements for the Nation Act (130 Stat. 1707) is amended 

13 in the matter preceding subparagraph (A) by striking ‘‘if 

14 the Secretary’’ and all that follows through ‘‘2287)’’ and 

15 inserting ‘‘once the general reevaluation report for the 

16 project has been submitted for approval, shall immediately 

17 initiate preconstruction engineering and design for the 

18 project’’. 

19 SEC. 3119. BENEFICIAL USE OF DREDGED SEDIMENT. 

20 Notwithstanding any other provision of law, in the 

21 case of a project for beach nourishment, the easement for 

22 the project shall be for a period— 

23 (1) agreed to by the Secretary and the non-Fed24 eral interest; and 


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1 (2) not less than 100 percent of the anticipated 

2 lifecycle of the project and not more than 200 percent 

3 of the anticipated lifecycle of the project. 

4 SEC. 3120. RULE FOR BEACH NOURISHMENT AND SHORE5 LINE PROTECTION PROJECTS. 

6 Notwithstanding any other provision of law, in the 

7 case of a project for beach nourishment or shoreline protec8 tion, with respect to the benefit-cost analysis for the project, 

9 the Secretary shall proceed with the project if the benefits 

10 of the project are equal to or greater than the costs of the 

11 project. 

12 PART III—MISCELLANEOUS PROVISIONS 

13 SEC. 3121. REPORT ON DEBRIS REMOVAL. 

14 Not later than 180 days after the date of enactment 

15 of this Act, the Secretary shall submit to Congress and make 

16 publicly available a report that describes— 

17 (1) the extent to which the Secretary has carried 

18 out section 3 of the Act of March 2, 1945 (59 Stat. 

19 23, chapter 19; 33 U.S.C. 603a); 

20 (2) how the Secretary has evaluated potential 

21 projects to be carried out under that section; and 

22 (3) recommendations for the establishment of a 

23 pilot program to improve the implementation of that 

24 section. 


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1 SEC. 3122. CAPE ARUNDEL DISPOSAL SITE, MAINE. 

2 Section 113 of the Energy and Water Development and 

3 Related Agencies Appropriations Act, 2014 (Public Law 

4 113–76; 128 Stat. 158) is amended by striking ‘‘for 5 years 

5 after the date of enactment of this Act’’ and inserting ‘‘until 

6 December 31, 2021’’. 

7 SEC. 3123. DELAWARE RIVER NAVIGATION PROJECT. 

8 Section 1131(3) of the Water Resources Development 

9 Act of 1986 (100 Stat. 4246) is amended by striking ‘‘ten 

10 feet’’ and inserting ‘‘35 feet’’. 

11 SEC. 3124. SENSE OF CONGRESS RELATING TO EROSION ON 

12 THE BANKS OF THE OHIO RIVER NEAR 

13 CLARKSVILLE, INDIANA. 

14 It is the sense of Congress that the Secretary should 

15 use the authority provided to the Secretary under section 

16 9 of the Flood Control Act of 1946 (60 Stat. 643, chapter 

17 596) to address erosion issues on the Ohio River near 

18 Clarksville, Indiana. 

19 Subtitle C—Locks, Dams, Levees, 

20 and Dikes 

21 SEC. 3201. CERTAIN LEVEE IMPROVEMENTS. 

22 (a) IN GENERAL.—In the case of a levee described in 

23 subsection (b), the Secretary is encouraged to cooperate to 

24 the maximum extent practicable with non-Federal sponsors 

25 to implement necessary improvements to the levee. 


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1 (b) LEVEES DESCRIBED.—A levee referred to in sub2 section (a) is a levee that is— 

3 (1) owned, operated, and maintained by the Sec4 retary; and 

5 (2) hydraulically tied to a community-owned 

6 levee that is not accredited by the Federal Emergency 

7 Management Agency in accordance with section 65.10 

8 of title 44, Code of Federal Regulations (or successor 

9 regulations). 

10 SEC. 3202. REHABILITATION OF CORPS OF ENGINEERS CON11 STRUCTED DAMS. 

12 Section 1177 of the Water Infrastructure Improve13 ments for the Nation Act (33 U.S.C. 467f–2 note; Public 

14 Law 114–322) is amended— 

15 (1) in subsection (e), by striking ‘‘$10,000,000’’ 

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

17 (2) in subsection (f), by striking ‘‘$10,000,000’’ 

18 and inserting ‘‘$40,000,000’’. 

19 SEC. 3203. NON-FEDERAL DAMS. 

20 The Secretary may accept and expend funds from an 

21 owner of a non-Federal dam for the review and revision 

22 of water operations manuals and flood control curves if the 

23 Secretary regulates the non-Federal facilities associated 

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1 cember 22, 1944 (commonly known as the ‘‘Flood Control 

2 Act of 1944’’) (58 Stat. 890, chapter 665; 33 U.S.C. 709). 

3 SEC. 3204. REAUTHORIZATION OF NATIONAL DAM SAFETY 

4 PROGRAM ACT. 

5 Section 14 of the National Dam Safety Program Act 

6 (33 U.S.C. 467j) is amended by striking ‘‘for each of fiscal 

7 years 2015 through 2019’’ each place it appears and insert8 ing ‘‘for each of fiscal years 2015 through 2021’’. 

9 SEC. 3205. SENSE OF CONGRESS RELATING TO IMPLEMEN10 TATION GUIDANCE FOR DAM SAFETY REPAIR 

11 PROJECTS. 

12 It is the sense of Congress that the Secretary should 

13 expeditiously issue guidance as required under section 1139 

14 of the Water Infrastructure Improvements for the Nation 

15 Act (33 U.S.C. 467n note; Public Law 114–322). 

16 SEC. 3206. REAUTHORIZATION OF NATIONAL LEVEE SAFETY 

17 PROGRAM. 

18 (a) LEVEE SAFETY INITIATIVE.—Section 9005 of the 

19 Water Resources Development Act of 2007 (33 U.S.C. 

20 3303a) is amended— 

21 (1) in subsection (c), by adding at the end the 

22 following: 

23 ‘‘(6) UPDATES.—Not later than 1 year after the 

24 date of enactment of the America’s Water Infrastruc25 ture Act of 2018, the Secretary shall update the guideVerDate Sep 11 2014 23:04 May 22, 2018 Jkt 079200 PO 00000 Frm 00318 Fmt 6652 Sfmt 6203 E:\BILLS\S2800.RS S2800

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1 lines issued under paragraph (1) in accordance with 

2 this subsection.’’; 

3 (2) in subsection (g)— 

4 (A) in paragraph (1), by adding at the end 

5 the following: 

6 ‘‘(D) UPDATE.—Not later than 1 year after 

7 the date of enactment of the America’s Water In8 frastructure Act of 2018, the Secretary shall up9 date the guidelines issued under subparagraph 

10 (A) in accordance with this paragraph.’’; and 

11 (B) in paragraph (2)(E)(i), by striking ‘‘for 

12 each of fiscal years 2015 through 2019’’ and in13 serting ‘‘for each of fiscal years 2015 through 

14 2021’’; and 

15 (3) in subsection (h)(3), by adding at the end the 

16 following: 

17 ‘‘(F) UPDATE.—Not later than 1 year after 

18 the date of enactment of the America’s Water In19 frastructure Act of 2018, the Secretary shall up20 date the guidelines issued under subparagraph 

21 (D).’’. 

22 (b) REPORTS.—Section 9006 of the Water Resources 

23 Development Act of 2007 (33 U.S.C. 3303b) is amended— 

24 (1) in subsection (b), by inserting ‘‘, and not 

25 later than 1 year after the date of enactment of the 


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1 America’s Water Infrastructure Act of 2018,’’ after 

2 ‘‘this subsection,’’; 

3 (2) in subsection (c), in the matter preceding 

4 paragraph (1), by inserting ‘‘, and not later than 1 

5 year after the date of enactment of the America’s 

6 Water Infrastructure Act of 2018,’’ after ‘‘Water Re7 sources Development Act of 2016,’’; and 

8 (3) in subsection (d), in the matter preceding 

9 paragraph (1), by inserting ‘‘, and not later than 1 

10 year after the date of enactment of the America’s 

11 Water Infrastructure Act of 2018,’’ after ‘‘Water Re12 sources Development Act of 2016,’’. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

14 9008 of the Water Resources Development Act of 2007 (33 

15 U.S.C. 3305) is amended— 

16 (1) in the matter preceding paragraph (1), by 

17 striking ‘‘is’’ and inserting ‘‘are’’; and 

18 (2) by striking ‘‘for each of fiscal years 2015 

19 through 2019’’ each place it appears and inserting 

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

21 SEC. 3207. REAUTHORIZATION OF LOCK OPERATIONS PILOT 

22 PROGRAM. 

23 Section 1017(f) of the Water Resources Reform and De24 velopment Act of 2014 (33 U.S.C. 2212 note; Public Law 


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1 113–121) is amended by striking ‘‘5 years’’ and inserting 

2 ‘‘10 years’’. 

3 SEC. 3208. RESTRICTED AREAS AT CORPS OF ENGINEERS 

4 DAMS. 

5 Section 2 of the Freedom to Fish Act (Public Law 113– 

6 13; 127 Stat. 449, 128 Stat. 1271) is amended by striking 

7 ‘‘4 years after the date of enactment of the Water Resources 

8 Reform and Development Act of 2014’’ each place it ap9 pears and inserting ‘‘5 years after the date of enactment 

10 of the America’s Water Infrastructure Act of 2018’’. 

11 SEC. 3209. CERTAIN BUREAU OF RECLAMATION DIKES. 

12 (a) IN GENERAL.—Notwithstanding any other provi13 sion of law (including regulations), effective beginning on 

14 the date of enactment of this Act, the Federal share of the 

15 operations and maintenance costs of a dike described in 

16 subsection (b) shall be 100 percent. 

17 (b) DESCRIPTION OF DIKES.—A dike referred to in 

18 subsection (a) is a dike— 

19 (1) that is owned by the Bureau of Reclamation 

20 on the date of enactment of this Act; 

21 (2) the construction of which was completed not 

22 later than December 31, 1945; and 

23 (3) a corrective action study for which was com24 pleted not later than December 31, 2015. 


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1 SEC. 3210. REHABILITATION OF HIGH-HAZARD POTENTIAL 

2 DAMS. 

3 Section 8A of the National Dam Safety Program Act 

4 (33 U.S.C. 467f–2) is amended by striking subsection (e) 

5 and inserting the following: 

6 ‘‘(e) EMERGENCY ACTION PLANS.— 

7 ‘‘(1) IN GENERAL.—As a condition of receipt of 

8 assistance under this section, the non-Federal sponsor 

9 shall demonstrate that an emergency action plan is in 

10 place to protect the safety of persons and property in 

11 the area potentially affected by a breach of the dam. 

12 ‘‘(2) INCLUSIONS.—An emergency action plan 

13 under paragraph (1) shall address— 

14 ‘‘(A) incident detection, evaluation, and 

15 emergency level determination; 

16 ‘‘(B) notification and communication; 

17 ‘‘(C) emergency actions; 

18 ‘‘(D) termination and follow-up; and 

19 ‘‘(E) public education and awareness of the 

20 emergency action plan.’’. 

21 SEC. 3211. MAINTENANCE OF HIGH RISK FLOOD CONTROL 

22 PROJECTS. 

23 In any case in which the Secretary has assumed, as 

24 of the date of enactment of this Act, responsibility for the 

25 maintenance of a project classified as class III under the 

26 Dam Safety Action Classification of the Corps of Engineers, 


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1 the Secretary shall continue to be responsible for the main2 tenance of that project until the earlier of— 

3 (1) the date on which the project is modified to 

4 reduce that risk and the Secretary determines that the 

5 project is no longer classified as class III under the 

6 Dam Safety Action Classification of the Corps of En7 gineers; and 

8 (2) the date that is 15 years after the date of en9 actment of this Act. 

10 Subtitle D—Water Supply 

11 SEC. 3301. AUTHORITY TO MAKE ENTIRE ACTIVE CAPACITY 

12 OF FONTENELLE RESERVOIR AVAILABLE FOR 

13 USE. 

14 (a) IN GENERAL.—The Secretary of the Interior (re15 ferred to in this section as the ‘‘Secretary’’), in cooperation 

16 with the State of Wyoming, may amend the Definite Plan 

17 Report for the Seedskadee Project authorized under the first 

18 section of the Act of April 11, 1956 (commonly known as 

19 the ‘‘Colorado River Storage Project Act’’) (43 U.S.C. 620), 

20 to provide for the study, design, planning, and construction 

21 activities that will enable the use of all active storage capac22 ity (as may be defined or limited by legal, hydrologic, struc23 tural, engineering, economic, and environmental consider24 ations) of Fontenelle Dam and Reservoir, including the 

25 placement of sufficient riprap on the upstream face of 


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1 Fontenelle Dam to allow the active storage capacity of 

2 Fontenelle Reservoir to be used for those purposes for which 

3 the Seedskadee Project was authorized. 

4 (b) COOPERATIVE AGREEMENTS.— 

5 (1) IN GENERAL.—The Secretary may enter into 

6 any contract, grant, cooperative agreement, or other 

7 agreement that is necessary to carry out subsection 

8 (a). 

9 (2) STATE OF WYOMING.— 

10 (A) IN GENERAL.—The Secretary shall enter 

11 into a cooperative agreement with the State of 

12 Wyoming to work in cooperation and collabo13 ratively with the State of Wyoming for planning, 

14 design, related preconstruction activities, and 

15 construction of any modification of the 

16 Fontenelle Dam under subsection (a). 

17 (B) REQUIREMENTS.—The cooperative 

18 agreement under subparagraph (A) shall, at a 

19 minimum, specify the responsibilities of the Sec20 retary and the State of Wyoming with respect 

21 to— 

22 (i) completing the planning and final 

23 design of the modification of the Fontenelle 

24 Dam under subsection (a); 


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1 (ii) any environmental and cultural 

2 resource compliance activities required for 

3 the modification of the Fontenelle Dam 

4 under subsection (a) including compliance 

5 with— 

6 (I) the National Environmental 

7 Policy Act of 1969 (42 U.S.C. 4321 et 

8 seq.); 

9 (II) the Endangered Species Act 

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

11 (III) subdivision 2 of division A 

12 of subtitle III of title 54, United States 

13 Code; and 

14 (iii) the construction of the modifica15 tion of the Fontenelle Dam under subsection 

16 (a). 

17 (c) FUNDING BY STATE OF WYOMING.—Pursuant to 

18 the Act of March 4, 1921 (41 Stat. 1404, chapter 161; 43 

19 U.S.C. 395), and as a condition of providing any addi20 tional storage under subsection (a), the State of Wyoming 

21 shall provide to the Secretary funds for any work carried 

22 out under subsection (a). 

23 (d) OTHER CONTRACTING AUTHORITY.— 

24 (1) IN GENERAL.—The Secretary may enter into 

25 contracts with the State of Wyoming, on such terms 


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1 and conditions as the Secretary and the State of Wyo2 ming may agree, for division of any additional active 

3 capacity made available under subsection (a). 

4 (2) TERMS AND CONDITIONS.—Unless otherwise 

5 agreed to by the Secretary and the State of Wyoming, 

6 a contract entered into under paragraph (1) shall be 

7 subject to the terms and conditions of Bureau of Rec8 lamation Contract No. 14–06–400–2474 and Bureau 

9 of Reclamation Contract No. 14–06–400–6193. 

10 (e) SAVINGS PROVISIONS.—Unless expressly provided 

11 in this section, nothing in this section modifies, conflicts 

12 with, preempts, or otherwise affects— 

13 (1) the Boulder Canyon Project Act (43 U.S.C. 

14 617 et seq.); 

15 (2) the Colorado River Compact of 1922, as ap16 proved by the Presidential Proclamation of June 25, 

17 1929 (46 Stat. 3000); 

18 (3) the Boulder Canyon Project Adjustment Act 

19 (43 U.S.C. 618 et seq.); 

20 (4) the Treaty between the United States of 

21 America and Mexico relating to the utilization of 

22 waters of the Colorado and Tijuana Rivers and of the 

23 Rio Grande, and supplementary protocol signed No24 vember 14, 1944, signed at Washington February 3, 

25 1944 (59 Stat. 1219); 


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1 (5) the Upper Colorado River Basin Compact as 

2 consented to by the Act of April 6, 1949 (63 Stat. 31); 

3 (6) the Act of April 11, 1956 (commonly known 

4 as the ‘‘Colorado River Storage Project Act’’) (43 

5 U.S.C. 620 et seq.); 

6 (7) the Colorado River Basin Project Act (Public 

7 Law 90–537; 82 Stat. 885); or 

8 (8) any State of Wyoming or other State water 

9 law. 

10 SEC. 3302. PRICING OF WATER STORAGE CONTRACTS. 

11 Section 7 of the Flood Control Act of 1944 (33 U.S.C. 

12 709) is amended— 

13 (1) by striking ‘‘such regulations: Provided, That 

14 this section’’ and inserting the following: ‘‘those regu15 lations. 

16 ‘‘(2) EXCEPTION.—This subsection’’; and 

17 (2) by striking the section designation and all 

18 that follows through ‘‘It shall be the duty of the Sec19 retary of the Army to’’ and inserting the following: 

20 ‘‘SEC. 7. WATER STORAGE. 

21 ‘‘(a) PRICING OF CONTRACTS.— 

22 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the 

23 Secretary of the Army shall price each water storage 

24 contract entered into by the Secretary at fair market 

25 value. 


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1 ‘‘(2) FAIR MARKET VALUE REQUIREMENT.—For 

2 purposes of paragraph (1), the fair market value of 

3 a water storage contract shall not exceed 110 percent 

4 of the lowest-contracted price at any facility of the 

5 Corps of Engineers located within 50 miles of the 

6 water source covered by the contract, as adjusted for 

7 inflation. 

8 ‘‘(b) FLOOD CONTROL AND NAVIGATION.— 

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), the Secretary of the Army shall’’. 

11 SEC. 3303. REPORT ON WATER SUPPLY CONTRACT, WRIGHT 

12 PATMAN LAKE, TEXAS. 

13 Not later than June 30, 2019, the Secretary shall sub14 mit to Congress a report on the status of the implementation 

15 of the water supply contract, Department of the Army, Civil 

16 Works Contract No. 29-68-A-0130, at Wright Patman Lake, 

17 Texas, that— 

18 (1) describes the accomplishments or failures re19 lating to the implementation of that contract at 

20 Wright Patman Lake; 

21 (2) identifies— 

22 (A) the activities that the Secretary expects 

23 to be necessary to complete the execution of the 

24 contract; 


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1 (B) the expected completion date for each 

2 activity identified under subparagraph (A); and 

3 (C) the expected execution date of the con4 tract; and 

5 (3) describes any adjustments to the timeline for 

6 completion of the execution of the contract that the 

7 Secretary determines to be necessary. 

8 SEC. 3304. SENSE OF CONGRESS RELATING TO WRIGHT PAT9 MAN LAKE, SULPHUR RIVER BASIN, TEXAS. 

10 It is the sense of Congress that the Secretary should 

11 implement the Department of the Army, Civil Works Con12 tract No. 29-68-A-0130, at Wright Patman Lake, Texas, in 

13 an expeditious manner and in accordance with all applica14 ble Federal and State water laws, including through the ac15 ceptance and expenditure of funds contributed by a non16 Federal interest for any study required by law. 

17 SEC. 3305. CITY RESERVOIR EXPANSION PILOT PROGRAM. 

18 (a) IN GENERAL.—The Secretary shall establish a 

19 pilot program to expedite review of applications described 

20 in subsection (b). 

21 (b) APPLICATIONS DESCRIBED.—An application re22 ferred to in subsection (a) is an application for a permit 

23 from the Secretary— 

24 (1) to expand a reservoir for which not less than 

25 80 percent of the water rights are for community 


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1 drinking water supplies in order to accommodate pro2 jected water supply needs of a city with a population 

3 of less than 80,000; and 

4 (2) from a city in which— 

5 (A) any portion of the water resources 

6 available to the community are polluted by 

7 chemicals used at a formerly used defense site 

8 under the jurisdiction of the Department of De9 fense that is undergoing (or is scheduled to un10 dergo) environmental remediation under chapter 

11 160 of title 10, United States Code; and 

12 (B) mitigation of the pollution described in 

13 subparagraph (A) is ongoing. 

14 (c) SUNSET.—The authority to carry out the pilot pro15 gram under this section shall terminate on the date that 

16 is 10 years after the date of enactment of this Act. 

17 SEC. 3306. SENSE OF CONGRESS RELATING TO WATER-RE18 LATED INFRASTRUCTURE IN IDAHO, MON19 TANA, RURAL NEVADA, NEW MEXICO, RURAL 

20 UTAH, AND WYOMING. 

21 It is the sense of Congress that appropriations author22 ized by section 595(i) of the Water Resources Development 

23 Act of 1999 (113 Stat. 384; 128 Stat. 1316; 130 Stat. 1681) 

24 should be maintained at an amount not less than 

25 $75,000,000. 


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1 SEC. 3307. GROUNDWATER AND WELL WATER TESTING AND 

2 TREATMENT PROGRAM. 

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

4 program to carry out the eligible projects described in sub5 section (b). 

6 (b) ELIGIBLE PROJECTS DESCRIBED.—An eligible 

7 project referred to in subsection (a) is a project located— 

8 (1)(A) in a disadvantaged community (as de9 fined in section 1452(d) of the Safe Drinking Water 

10 Act (42 U.S.C. 300j–12(d)); or 

11 (B) in a municipality with a population of not 

12 more than 100,000; 

13 (2) in reasonable proximity to— 

14 (A) an active military base; 

15 (B) a formerly used defense site under the 

16 jurisdiction of the Department of Defense that is 

17 undergoing (or is scheduled to undergo) environ18 mental remediation under chapter 160 of title 

19 10, United States Code; or 

20 (C) any industrial site; and 

21 (3) in an area in which— 

22 (A) there may be contamination in the 

23 available drinking water supply; and 

24 (B) the local government is requesting as25 sistance in the testing and treatment of water 

26 wells. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $50,000,000, to remain available until expended. 

4 Subtitle E—Sediment Management 

5 SEC. 3401. MISSOURI RIVER RESERVOIR SEDIMENT MAN6 AGEMENT. 

7 Section 1179(a) of the Water Infrastructure Improve8 ments for the Nation Act (130 Stat. 1675) is amended— 

9 (1) by redesignating paragraphs (4) through (8) 

10 as paragraphs (5) through (9), respectively; 

11 (2) by inserting after paragraph (3) the fol12 lowing: 

13 ‘‘(4) PRIORITIZATION OF SEDIMENT MANAGE14 MENT PLANS.—In carrying out the pilot project under 

15 this subsection, the Secretary shall give priority to de16 veloping and implementing sediment management 

17 plans that affect reservoirs that cross State lines.’’; 

18 (3) in paragraph (8) (as so redesignated)— 

19 (A) by redesignating subparagraph (B) as 

20 subparagraph (C); and 

21 (B) by striking subparagraph (A) and in22 serting the following: 

23 ‘‘(A) IN GENERAL.—The Secretary shall 

24 carry out the pilot program established under 

25 this subsection in partnership with the Secretary 


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1 of the Interior, and the program shall apply to 

2 reservoirs managed or owned by the Bureau of 

3 Reclamation. 

4 ‘‘(B) MEMORANDUM OF AGREEMENT.—For 

5 sediment management plans that apply to a res6 ervoir managed or owned by the Bureau of Rec7 lamation under subparagraph (A), the Secretary 

8 and the Secretary of the Interior shall execute a 

9 memorandum of agreement establishing the 

10 framework for a partnership and the terms and 

11 conditions for sharing expertise and resources.’’; 

12 and 

13 (4) by adding at the end the following: 

14 ‘‘(10) PRIORITIZATION OF FUNDS.—To the max15 imum extent practicable, in carrying out any projects 

16 or programs of the Secretary or the Secretary of the 

17 Interior, the Secretary and the Secretary of the Inte18 rior, as applicable, shall give priority to activities 

19 under this subsection.’’. 

20 SEC. 3402. RESERVOIR SEDIMENT. 

21 Section 215 of the Water Resources Development Act 

22 of 2000 (33 U.S.C. 2326c) is amended— 

23 (1) in subsection (a)— 

24 (A) by striking ‘‘the date of enactment of 

25 the Water Resources Development Act of 2016’’ 


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1 and inserting ‘‘the date of enactment of the 

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

3 and 

4 (B) by striking ‘‘shall establish, using avail5 able funds, a pilot program to accept’’ and in6 serting ‘‘shall, using available funds, accept’’; 

7 (2) in subsection (b)— 

8 (A) in paragraph (2), by adding ‘‘and’’ at 

9 the end; 

10 (B) in paragraph (3), by striking ‘‘; and’’ 

11 at the end and inserting a period; and 

12 (C) by striking paragraph (4); and 

13 (3) by striking subsection (f) and inserting the 

14 following: 

15 ‘‘(f) REPORT TO CONGRESS.—Not later than 3 years 

16 after the date of enactment of the America’s Water Infra17 structure Act of 2018, the Secretary may submit to the 

18 Committee on Environment and Public Works of the Senate 

19 and the Committee on Transportation and Infrastructure 

20 of the House of Representatives a report describing the re21 sults of the program under this section.’’. 

22 SEC. 3403. REGIONAL SEDIMENT MANAGEMENT. 

23 Section 204 of the Water Resources Development Act 

24 of 1992 (33 U.S.C. 2326) is amended— 

25 (1) in subsection (a)— 


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1 (A) by striking paragraph (1) and inserting 

2 the following: 

3 ‘‘(1) SEDIMENT USE.—For sediment obtained 

4 through the construction, operation, or maintenance 

5 of an authorized Federal water resources project or a 

6 reclamation project, including Federal reservoirs au7 thorized for flood control, the Secretary (in consulta8 tion with the Commissioner of Reclamation (referred 

9 to in this section as the ‘Commissioner’)) and, subject 

10 to the availability of appropriations, the Commis11 sioner (in consultation with the Secretary), as appli12 cable, shall develop, at full Federal expense, regional 

13 sediment management plans, and carry out projects 

14 at locations identified in plans developed under this 

15 section, or identified jointly by the non-Federal inter16 est and the Secretary or the Commissioner, as appli17 cable, for use in the construction, repair, modifica18 tion, or rehabilitation of projects associated with Fed19 eral water resources projects and reclamation projects 

20 for purposes listed in paragraph (3).’’; 

21 (B) in paragraph (2), by inserting ‘‘or the 

22 Commissioner, as applicable,’’ after ‘‘Secretary’’; 

23 (C) in paragraph (3), in the matter pre24 ceding subparagraph (A), by inserting ‘‘and recVerDate Sep 11 2014 23:04 May 22, 2018 Jkt 079200 PO 00000 Frm 00335 Fmt 6652 Sfmt 6203 E:\BILLS\S2800.RS S2800

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1 lamation projects’’ after ‘‘water resources 

2 projects’’; and 

3 (D) in paragraph (4), by inserting ‘‘or the 

4 Commissioner, as applicable,’’ after ‘‘Secretary’’; 

5 (2) in subsection (b)— 

6 (A) in the heading, by striking ‘‘SECRE7 TARIAL’’ and inserting ‘‘AGENCY’’; and 

8 (B) in the matter preceding paragraph (1), 

9 by inserting ‘‘or the Commissioner, as applica10 ble,’’ after ‘‘Secretary’’; 

11 (3) in subsection (c)(1)— 

12 (A) in subparagraph (A), by inserting ‘‘or 

13 reclamation project’’ after ‘‘water resources 

14 project’’; and 

15 (B) in subparagraph (B)(ii), by inserting 

16 ‘‘or the Commissioner, as applicable,’’ after ‘‘Sec17 retary’’; 

18 (4) in subsection (d)— 

19 (A) by inserting ‘‘or the Commissioner, as 

20 applicable,’’ after ‘‘Secretary’’ each place it ap21 pears; and 

22 (B) in paragraph (1), in the matter pre23 ceding subparagraph (A), by inserting ‘‘or rec24 lamation project’’ after ‘‘water resources project’’; 


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1 (5) in subsection (e), in the matter preceding 

2 paragraph (1), by inserting ‘‘or the Commissioner, as 

3 applicable,’’ after ‘‘Secretary’’; and 

4 (6) in subsection (g), in the first sentence, by in5 serting ‘‘to the Secretary’’ after ‘‘appropriated’’. 

6 Subtitle F—Flood Risk Management 

7 SEC. 3501. ICE JAM PREVENTION AND MITIGATION. 

8 Section 1150(c) of the Water Infrastructure Improve9 ments for the Nation Act (33 U.S.C. 701s note; Public Law 

10 114–322) is amended— 

11 (1) in paragraph (1)— 

12 (A) by striking ‘‘During fiscal years 2017 

13 through 2022, the Secretary’’ and inserting ‘‘The 

14 Secretary’’; and 

15 (B) by striking ‘‘10 projects’’ and inserting 

16 ‘‘20 projects’’; 

17 (2) in paragraph (2)— 

18 (A) by striking ‘‘shall ensure’’ and inserting 

19 the following : ‘‘shall— 

20 ‘‘(A) ensure’’; 

21 (B) by striking the period at the end and 

22 inserting ‘‘; and’’; and 

23 (C) by adding at the end the following: 

24 ‘‘(B) select not less than 1 project on a res25 ervation (as defined in section 3 of the Indian 


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1 Financing Act of 1974 (25 U.S.C. 1452)) that 

2 serves more than 1 Indian tribe (as defined in 

3 section 4 of the Indian Self-Determination and 

4 Education Assistance Act (25 U.S.C. 5304)).’’; 

5 and 

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

7 ‘‘(3) PRIORITIZATION.—In selecting projects 

8 under paragraph (1), the Secretary shall give priority 

9 to— 

10 ‘‘(A) projects in the Upper Missouri River 

11 Basin; and 

12 ‘‘(B) projects in the Northeast.’’. 

13 SEC. 3502. UPPER MISSOURI RIVER BASIN FLOOD AND 

14 DROUGHT MONITORING. 

15 Section 4003(a) of the Water Resources Reform and 

16 Development Act of 2014 (128 Stat. 1311, 130 Stat. 1677) 

17 is amended by adding at the end the following: 

18 ‘‘(6) PRIORITIZATION.—To the maximum extent 

19 practicable, in carrying out any projects or programs 

20 of the Secretary, the Secretary shall give priority to 

21 activities under this subsection.’’. 

22 SEC. 3503. POLICIES THAT IMPACT FLOOD FIGHT MANAGE23 MENT PROJECTS WITHIN URBAN AREAS. 

24 Not later than 1 year after the date of enactment of 

25 this Act, the Secretary shall carry out a study on— 


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1 (1) flooding within urban floodplains; and 

2 (2) the Federal policy constraints on the ability 

3 of the Secretary to address urban flooding, includ4 ing— 

5 (A) the regulations under part 238 of title 

6 33, Code of Federal Regulations (as in effect on 

7 the date of enactment of this Act); and 

8 (B) the limitation under section 238.7(a)(1) 

9 of that title (as in effect on the date of enactment 

10 of this Act) that allows the Secretary to provide 

11 assistance only where the flood discharge of a 

12 stream or waterway within an urban area is 

13 greater than 800 cubic feet per second for the 10- 

14 percent flood. 

15 SEC. 3504. MISSOURI RIVER AND TRIBUTARIES AT KANSAS 

16 CITIES, MISSOURI AND KANSAS. 

17 (a) IN GENERAL.—The project for flood damage reduc18 tion, Argentine, East Bottoms, Fairfax-Jersey Creek, and 

19 North Kansas Levees Units, Missouri River and tributaries 

20 at Kansas Cities, Missouri and Kansas, authorized by sec21 tion 1001(28) of the Water Resources Development Act of 

22 2007 (121 Stat. 1054), is modified to include the 

23 Armourdale and Central Industrial District Levee Units, 

24 to be carried out by the Secretary substantially in accord25 ance with the plans, and subject to the conditions, described 


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1 in the report of the Chief of Engineers, dated January 27, 

2 2015, at an additional total cost of $328,110,000, with an 

3 estimated Federal cost of $213,271,500 and an estimated 

4 non-Federal cost of $114,838,500. 

5 (b) SINGLE PROJECT.—The projects described in sub6 section (a) shall be considered a single project for budgeting 

7 purposes and shall not be subject to a new start decision 

8 or new investment decision. 

9 (c) CONFORMING AMENDMENT.—Item 2 of the table in 

10 section 1401(2) of the Water Infrastructure Improvements 

11 for the Nation Act (130 Stat. 1710) (relating to Armourdale 

12 and Central Industrial District Levee Units, Missouri 

13 River and Tributaries at Kansas Citys) is repealed. 

14 SEC. 3505. FARGO-MOORHEAD METROPOLITAN AREA DIVER15 SION PROJECT, NORTH DAKOTA. 

16 (a) IN GENERAL.—Notwithstanding section 

17 404(b)(2)(B)(ii) of the Robert T. Stafford Disaster Relief 

18 and Emergency Assistance Act (42 U.S.C. 

19 5170c(b)(2)(B)(ii)) and any regulations promulgated to 

20 carry out that section, beginning on the date of enactment 

21 of this Act, any property in the State of North Dakota that 

22 was acquired through hazard mitigation assistance pro23 vided under section 203 of that Act (42 U.S.C. 5133), sec24 tion 404 of that Act (42 U.S.C. 5170c), or section 1366 of 

25 the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) 


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1 that was subject to any open space deed restriction shall 

2 be exempt from those restrictions to the extent necessary to 

3 complete the Fargo-Moorhead Metropolitan Area Diversion 

4 Project authorized by section 7002(2) of the Water Re5 sources Reform and Development Act of 2014 (128 Stat. 

6 1366), subject to the conditions that— 

7 (1) no new or additional structure unrelated to 

8 the Project may be erected on the property unless the 

9 new or additional structure is in compliance with 

10 section 404(b)(2)(B)(ii) of the Robert T. Stafford Dis11 aster Relief and Emergency Assistance Act (42 U.S.C. 

12 5170c(b)(2)(B)(ii)); and 

13 (2) any subsequent use of the land on the prop14 erty that is unrelated to the Project shall comply with 

15 that section. 

16 (b) SAVINGS PROVISION.—Nothing in this section af17 fects the responsibility of any entity to comply with all 

18 other applicable laws (including regulations) with respect 

19 to the properties described in subsection (a). 


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1 Subtitle G—River Basins, 

2 Watersheds, and Coastal Areas 

3 SEC. 3601. LONG-TERM FLOOD RISK REDUCTION, UPPER 

4 MISSOURI RIVER BASIN, SNAKE RIVER BASIN, 

5 AND RED RIVER BASIN. 

6 Section 5 of the Act of August 18, 1941 (commonly 

7 known as the ‘‘Flood Control Act of 1941’’) (55 Stat. 650, 

8 chapter 377; 33 U.S.C. 701n) is amended by adding at the 

9 end the following: 

10 ‘‘(f) LONG TERM FLOOD-RISK REDUCTION.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall provide 

12 assistance for the operation and maintenance of any 

13 project constructed under this section that, as deter14 mined by the Secretary, becomes permanent due to 

15 the extended presence of assistance from the Secretary 

16 under subsection (a). 

17 ‘‘(2) NO TIME LIMITATION.—Notwithstanding 

18 any other provision of this section or any other law, 

19 the Secretary may provide assistance under this sub20 section for any period of time, as determined by the 

21 Secretary. 

22 ‘‘(3) COST-SHARE.—The cost of operation and 

23 maintenance provided under this subsection for a 

24 project shall be subject to the cost-sharing provisions 

25 that would otherwise apply to such a project. 


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1 ‘‘(4) TERMINATION.—The authority to provide 

2 assistance under this subsection terminates on the 

3 date that is 10 years after the date of enactment of 

4 the America’s Water Infrastructure Act of 2018.’’. 

5 SEC. 3602. SENSE OF CONGRESS RELATING TO PROVISION 

6 OF RESOURCES FOR EMERGENCY INFRA7 STRUCTURE REPAIRS. 

8 It is the sense of Congress that the Secretary should 

9 use all existing authorities of the Secretary to accept and 

10 use resources provided by a non-Federal entity under sec11 tion 1024 of the Water Resources Reform and Development 

12 Act of 2014 (33 U.S.C. 2325a) to carry out emergency in13 frastructure repairs, regardless of the cause of the emer14 gency. 

15 SEC. 3603. SENSE OF CONGRESS ON EMERGENCY MANAGE16 MENT ASSISTANCE. 

17 It is the sense of Congress that the Secretary should 

18 provide technical assistance and other support to State 

19 emergency management agencies to assist in the develop20 ment of handbooks for floodplain managers that— 

21 (1) include policies to help manage the risks of 

22 coastal and river flooding; and 

23 (2) consider coastal protection solutions that pro24 mote resilience, such as living shorelines, and regional 

25 sediment management. 


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1 SEC. 3604. GREAT LAKES FISH AND WILDLIFE RESTORA2 TION ACT OF 1990. 

3 Section 1009 of the Great Lakes Fish and Wildlife Res4 toration Act of 1990 (16 U.S.C. 941g) is amended by strik5 ing subsection (a) and inserting the following: 

6 ‘‘(a) IN GENERAL.—There are authorized to be appro7 priated to the Director— 

8 ‘‘(1) for fiscal year 2019— 

9 ‘‘(A) $6,600,000 to implement fish and 

10 wildlife restoration proposals and regional 

11 projects selected by the Director under section 

12 1005(d), of which— 

‘‘(i) not more than the lesser of 33 1 13 ⁄3

14 percent and $2,000,000 may be allocated to 

15 implement regional projects; and 

16 ‘‘(ii) the lesser of 5 percent and 

17 $300,000 shall be allocated to the United 

18 States Fish and Wildlife Service to cover 

19 costs incurred in administering the pro20 posals by any entity; and 

21 ‘‘(B) $2,200,000, which shall be allocated 

22 for the activities of the Upper Great Lakes Fish 

23 and Wildlife Conservation Offices and the Lower 

24 Great Lakes Fish and Wildlife Conservation Of25 fice under section 1007; 

26 ‘‘(2) for fiscal year 2020— 


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1 ‘‘(A) $7,200,000 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 33 1 5 ⁄3

6 percent and $2,000,000 may be allocated to 

7 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) $2,400,000, which shall be allocated 

14 for the activities of the Upper Great Lakes Fish 

15 and Wildlife Conservation Offices and the Lower 

16 Great Lakes Fish and Wildlife Conservation Of17 fice under section 1007; and 

18 ‘‘(3) for fiscal year 2021— 

19 ‘‘(A) $7,800,000 to implement fish and 

20 wildlife restoration proposals and regional 

21 projects selected by the Director under section 

22 1005(d), of which— 

‘‘(i) not more than the lesser of 33 1 23 ⁄3

24 percent and $2,000,000 may be allocated to 

25 implement regional projects; and 


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1 ‘‘(ii) the lesser of 5 percent and 

2 $300,000 shall be allocated to the United 

3 States Fish and Wildlife Service to cover 

4 costs incurred in administering the pro5 posals by any entity; and 

6 ‘‘(B) $2,600,000, which shall be allocated 

7 for the activities of the Upper Great Lakes Fish 

8 and Wildlife Conservation Offices and the Lower 

9 Great Lakes Fish and Wildlife Conservation Of10 fice under section 1007.’’. 

11 SEC. 3605. GREAT LAKES RESTORATION INITIATIVE. 

12 Section 118(c)(7)(J) of the Federal Water Pollution 

13 Control Act (33 U.S.C. 1268(c)(7)(J)) is amended by strik14 ing clause (i) and inserting the following: 

15 ‘‘(i) IN GENERAL.—There are author16 ized to be appropriated to carry out this 

17 paragraph— 

18 ‘‘(I) $330,000,000 for fiscal year 

19 2019; 

20 ‘‘(II) $360,000,000 for fiscal year 

21 2020; and 

22 ‘‘(III) $390,000,000 for fiscal year 

23 2021.’’. 


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1 SEC. 3606. GREAT LAKES COASTAL RESILIENCY STUDY. 

2 The Secretary shall carry out the proposed Great Lakes 

3 coastal resiliency study under section 729 of the Water Re4 sources Development Act of 1986 (33 U.S.C. 2267a)— 

5 (1) to conduct an assessment of water resources 

6 needs in the Great Lakes; and 

7 (2) to prioritize efforts to study issues in the 

8 Great Lakes, including lake level fluctuations, erosion, 

9 flooding, nutrient runoff, aging infrastructure, and 

10 economic and recreational issues. 

11 SEC. 3607. SPECIAL RULE FOR BEACH NOURISHMENT. 

12 Section 156(e) of the Water Resources Development Act 

13 of 1976 (42 U.S.C. 1962d–5f(e)) is amended by striking 

14 ‘‘the date of enactment of the Water Resources Reform and 

15 Development Act of 2014’’ and inserting ‘‘the date of enact16 ment of the America’s Water Infrastructure Act of 2018’’. 

17 SEC. 3608. EXTENSION FOR CERTAIN COASTAL STORM DAM18 AGE REDUCTION PROGRAMS. 

19 Section 156(e) of the Water Resources Development Act 

20 of 1976 (42 U.S.C. 1962d–5f(e)) is amended by inserting 

21 ‘‘or within the 5-year period beginning on the date of enact22 ment of the America’s Water Infrastructure Act of 2018’’ 

23 after ‘‘Water Resources Reform and Development Act of 

24 2014’’. 


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1 SEC. 3609. SNAKE RIVER BASIN FLOOD PREVENTION AC2 TION PLAN. 

3 (a) IN GENERAL.—As soon as practicable after the 

4 date of enactment of this Act, the Secretary, in consultation 

5 with the Commissioner of Reclamation, shall develop a flood 

6 prevention action plan for each State or portion of a State 

7 within the Snake River Basin. 

8 (b) REQUIREMENTS.—A flood prevention action plan 

9 under subsection (a) shall— 

10 (1) focus on the areas most likely to experience 

11 flooding within the next 2 years; 

12 (2) include steps to manage and reduce flood 

13 risks within the Snake River Basin; and 

14 (3) include a description of the actions the Sec15 retary and the Commissioner of Reclamation plan to 

16 take to improve coordination with local stakeholders 

17 to help manage and reduce flood risks in the areas de18 scribed in paragraph (1). 

19 (c) SUBMISSION.—Not later than 180 days after the 

20 date of enactment of this Act, after coordinating with local 

21 stakeholders, the Secretary shall submit to the Committee 

22 on Environment and Public Works of the Senate and the 

23 Committee on Transportation and Infrastructure of the 

24 House of Representatives the flood prevention plans devel25 oped under subsection (a). 


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1 SEC. 3610. AUTHORIZATION OF APPROPRIATIONS FOR CO2 LUMBIA RIVER BASIN RESTORATION. 

3 Section 123(d) of the Federal Water Pollution Control 

4 Act (33 U.S.C. 1275(d)) is amended by adding at the end 

5 the following: 

6 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

7 There are authorized to be appropriated to carry out 

8 this subsection— 

9 ‘‘(A) $5,000,000 for fiscal year 2019; and 

10 ‘‘(B) $30,000,000 for each of fiscal years 

11 2020 and 2021.’’. 

12 SEC. 3611. MIDDLE RIO GRANDE PEAK FLOW RESTORATION. 

13 (a) TEMPORARY DEVIATION.—During the 5-year pe14 riod beginning on the date of enactment of this Act, the 

15 Secretary shall continue the temporary deviation in the op16 eration of Cochiti Lake and Jemez Canyon Dam, that was 

17 initiated in 2009 and terminated in 2013, to continue to 

18 evaluate the benefits of the deviation. 

19 (b) FEASIBILITY STUDY AND REPORT.—Not later than 

20 1 year after the date of enactment of this Act, the Secretary 

21 and the Secretary of the Interior shall— 

22 (1) conduct a feasibility study to address Cochiti 

23 Dam operation limitations on the timing, magnitude, 

24 and duration of flows that support federally listed 

25 species in the Middle Rio Grande, consistent with 

26 subsection (c); and 


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1 (2) submit to Congress a feasibility report on the 

2 reauthorization of the purposes of Cochiti Dam. 

3 (c) GOALS.—The deviation described in subsection (a) 

4 shall provide for the detention and release of native Rio 

5 Grande water and San Juan-Chama Project water with the 

6 goals of— 

7 (1) improving river processes to restore species 

8 habitat on the Rio Grande, including a Spring peak 

9 flow to the Rio Grande; 

10 (2) increasing the spawning and recruitment of 

11 endangered Rio Grande silvery minnows; 

12 (3) creating overbanking flows that are nec13 essary— 

14 (A) to maintain a healthy bosque; and 

15 (B) to support habitat for the Southwestern 

16 willow flycatcher and other wildlife; 

17 (4) maintaining channel capacity; and 

18 (5) increasing water operational flexibility and 

19 efficiencies in meeting irrigation and municipal and 

20 industrial purposes, if the increased water oper21 ational flexibility and efficiencies enhance the goals 

22 described in paragraphs (1) and (4). 

23 (d) MONITORING.—The Secretary, in cooperation with 

24 the Secretary of the Interior and other Federal and non25 Federal stakeholders shall— 


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1 (1) monitor the environmental effects, benefits, 

2 and results of the deviation mandated under this sec3 tion; and 

4 (2) compile any data necessary to evaluate the 

5 need for further amendment to the authorizations and 

6 water control manuals for Cochiti Lake or Jemez 

7 Canyon Dam. 

8 (e) APPROVAL REQUIRED.—Before implementing the 

9 temporary deviation under this section, as required by the 

10 applicable water control manuals, the Secretary shall— 

11 (1) first obtain approval from— 

12 (A) Pueblo de Cochiti; 

13 (B) Pueblo of Santa Ana; and 

14 (C) the Rio Grande Compact Commission 

15 established by the compact approved by Congress 

16 under the Act of May 31, 1939 (53 Stat. 785, 

17 chapter 155); and 

18 (2) to the maximum extent practicable, consult 

19 with the existing Cochiti Lake Environmental Re20 sources Team, which includes other Federal agencies 

21 and landowners in the region. 

22 (f) REPORTS.—The Secretary shall prepare and sub23 mit to Congress— 

24 (1) for each year in which the deviations are 

25 being carried out under this section, annual reports 


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1 that describe the data compiled under subsection 

2 (d)(2); and 

3 (2) at the end of the period described in sub4 section (a), a final, cumulative report that summa5 rizes the data obtained during that period. 

6 SEC. 3612. NORTH ATLANTIC DIVISION REPORT ON HURRI7 CANE BARRIERS AND HARBORS OF REFUGE 

8 IN NEW ENGLAND. 

9 Not later than 1 year after the date of enactment of 

10 this Act, the Secretary, in consultation with State and local 

11 experts in the North Atlantic Division of the Corps of Engi12 neers, shall submit to Congress a report on the durability 

13 and resiliency of existing hurricane barriers and harbors 

14 of refuge, giving particular consideration as to how those 

15 structures will survive and fully serve their planned levels 

16 of protection under current, near, and longer term future 

17 predicted sea levels, storm surge, and storm strength. 

18 SEC. 3613. STUDY ON INNOVATIVE PORTS FOR OFFSHORE 

19 WIND DEVELOPMENT. 

20 (a) DEFINITION OF INNOVATIVE PORT FOR OFFSHORE

21 WIND DEVELOPMENT.—In this section, the term ‘‘innova22 tive port for offshore wind development’’ includes any port 

23 that can accommodate, or be retrofitted to accommodate— 


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1 (1) the upright assembly of the majority of an 

2 offshore wind facility, including the foundation, 

3 tower, turbine, blade, and electrical components; 

4 (2) an assembly area, ground bearing pressure, 

5 and overhead clearance for the assembly of offshore 

6 wind facility turbines, which each have a capacity of 

7 up to 20 megawatts; 

8 (3) heavy-lift quay and not less than 30 acres of 

9 port storage; 

10 (4) innovative offshore wind facility and vessel 

11 technologies that allow for the rapid installation of an 

12 offshore wind facility; and 

13 (5) any other innovative offshore wind facility 

14 technology, as determined by the Secretary. 

15 (b) STUDY AND REPORT.— 

16 (1) IN GENERAL.—Not later than 1 year after 

17 the date of enactment of this Act, the Secretary 

18 shall— 

19 (A) in consultation with the Secretary of 

20 Energy and the Secretary of the Interior, carry 

21 out a study of ports in the Mid-Atlantic and 

22 New England regions of the United States to 

23 identify— 


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1 (i) not less than 3 suitable ports in 

2 those regions that could become innovative 

3 ports for offshore wind development; 

4 (ii) barriers to the development of in5 novative ports for offshore wind develop6 ment; 

7 (iii) the Federal and State actions, in8 cluding dredging and construction of sup9 porting infrastructure, needed to facilitate 

10 the development of the ports identified 

11 under clause (i) to become innovative ports 

12 for offshore wind development; and 

13 (iv) recommendations on any further 

14 research needed to improve ports in the 

15 United States for offshore wind facility de16 velopment and deployment; and 

17 (B) submit to Congress a report describing 

18 the results of the study under subparagraph (A). 

19 (2) CONSULTATION.—In carrying out the study 

20 under paragraph (1), the Secretary shall consult with, 

21 at a minimum— 

22 (A) the Governor of each affected State; 

23 (B) units of local government; and 

24 (C) relevant experts in engineering, envi25 ronment, and industry considerations. 


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1 SEC. 3614. REPORT ON CORPS OF ENGINEERS ACTIVITIES. 

2 (a) DEFINITIONS.—In this section: 

3 (1) APPLICABLE COASTAL STATE.—The term 

4 ‘‘applicable coastal State’’ means a coastal State that 

5 has a State-approved plan. 

6 (2) STATE-APPROVED PLAN.—The term ‘‘State7 approved plan’’ includes— 

8 (A) a coastal management plan; 

9 (B) a special area management plan; 

10 (C) a coastal master plan; and 

11 (D) other similar coastal planning and re12 siliency strategies. 

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

14 enactment of this Act, the Secretary shall submit to Con15 gress and each applicable coastal State a report that in16 cludes— 

17 (1) a summary of all active and recently com18 pleted work of the Corps of Engineers in each appli19 cable coastal State; 

20 (2) an analysis of how the work described in 

21 paragraph (1) corresponds to, fits under, or com22 plements any existing State-approved plan; and 

23 (3) recommendations for improved implementa24 tion of State-approved plans through existing authori25 ties of the Corps of Engineers, including by, if appro26 priate— 


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1 (A) allowing State-approved plans to be 

2 submitted for proposed inclusion in the annual 

3 report entitled ‘‘Report to Congress on Future 

4 Water Resources Development’’ and submitted to 

5 Congress pursuant to section 7001 of the Water 

6 Resources Reform and Development Act of 2014 

7 (33 U.S.C. 2282d); and 

8 (B) including specific projects included in a 

9 State-approved plan in the continuing authori10 ties program (as described in section 3002). 

11 Subtitle H—Environmental 

12 Management 

13 SEC. 3701. REAUTHORIZATION OF RIO GRANDE ENVIRON14 MENTAL MANAGEMENT PROGRAM. 

15 Section 5056(f) of the Water Resources Development 

16 Act of 2007 (121 Stat. 1214; 128 Stat. 1315) is amended 

17 by striking ‘‘each of fiscal years 2008 through 2019’’ and 

18 inserting ‘‘each of fiscal years 2008 through 2021’’. 

19 SEC. 3702. AMENDMENTS TO LONG ISLAND SOUND PRO20 GRAMS. 

21 (a) LONG ISLAND SOUND RESTORATION PROGRAM.— 

22 Section 119 of the Federal Water Pollution Control Act (33 

23 U.S.C. 1269) is amended— 


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1 (1) in subsection (b), by striking the subsection 

2 designation and heading and all that follows through 

3 ‘‘The Office shall’’ and inserting the following: 

4 ‘‘(b) OFFICE.— 

5 ‘‘(1) ESTABLISHMENT.—The Administrator 

6 shall— 

7 ‘‘(A) continue to carry out the conference 

8 study; and 

9 ‘‘(B) establish an office, to be located on or 

10 near Long Island Sound. 

11 ‘‘(2) ADMINISTRATION AND STAFFING.—The Of12 fice shall’’; 

13 (2) in subsection (c)— 

14 (A) in the matter preceding paragraph (1), 

15 by striking ‘‘Management Conference of the Long 

16 Island Sound Study’’ and inserting ‘‘conference 

17 study’’; 

18 (B) in paragraph (2)— 

19 (i) in each of subparagraphs (A) 

20 through (G), by striking the commas at the 

21 end of the subparagraphs and inserting 

22 semicolons; 

23 (ii) in subparagraph (H), by striking 

24 ‘‘, and’’ and inserting a semicolon; 


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1 (iii) in subparagraph (I), by striking 

2 the period at the end and inserting a semi3 colon; and 

4 (iv) by adding at the end the following: 

5 ‘‘(J) environmental impacts on the Long Is6 land Sound watershed, including— 

7 ‘‘(i) the identification and assessment 

8 of vulnerabilities in the watershed; 

9 ‘‘(ii) the development and implementa10 tion of adaptation strategies to reduce those 

11 vulnerabilities; and 

12 ‘‘(iii) the identification and assessment 

13 of the impacts of sea level rise on water 

14 quality, habitat, and infrastructure; and 

15 ‘‘(K) planning initiatives for Long Island 

16 Sound that identify the areas that are most suit17 able for various types or classes of activities in 

18 order to reduce conflicts among uses, reduce ad19 verse environmental impacts, facilitate compat20 ible uses, or preserve critical ecosystem services 

21 to meet economic, environmental, security, or so22 cial objectives;’’; 

23 (C) by striking paragraph (4) and inserting 

24 the following: 


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1 ‘‘(4) develop and implement strategies to increase 

2 public education and awareness with respect to the ec3 ological health and water quality conditions of Long 

4 Island Sound;’’; 

5 (D) in paragraph (5), by inserting ‘‘study’’ 

6 after ‘‘conference’’; 

7 (E) in paragraph (6)— 

8 (i) by inserting ‘‘(including on the 

9 Internet)’’ after ‘‘the public’’; and 

10 (ii) by inserting ‘‘study’’ after ‘‘con11 ference’’; and 

12 (F) by striking paragraph (7) and inserting 

13 the following: 

14 ‘‘(7) monitor the progress made toward meeting 

15 the identified goals, actions, and schedules of the 

16 Comprehensive Conservation and Management Plan, 

17 including through the implementation and support of 

18 a monitoring system for the ecological health and 

19 water quality conditions of Long Island Sound; and’’; 

20 (3) in subsection (d)(3), in the second sentence, 

21 by striking ‘‘50 per centum’’ and inserting ‘‘60 per22 cent’’; 

23 (4) by redesignating subsection (f) as subsection 

24 (i); and 

25 (5) by inserting after subsection (e) the following: 


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1 ‘‘(f) REPORT.— 

2 ‘‘(1) IN GENERAL.—Not later than 2 years after 

3 the date of enactment of the America’s Water Infra4 structure Act of 2018, and biennially thereafter, the 

5 Director of the Office, in consultation with the Gov6 ernor of each Long Island Sound State, shall submit 

7 to Congress a report that— 

8 ‘‘(A) summarizes and assesses the progress 

9 made by the Office and the Long Island Sound 

10 States in implementing the Long Island Sound 

11 Comprehensive Conservation and Management 

12 Plan, including an assessment of the progress 

13 made toward meeting the performance goals and 

14 milestones contained in the Plan; 

15 ‘‘(B) assesses the key ecological attributes 

16 that reflect the health of the ecosystem of the 

17 Long Island Sound watershed; 

18 ‘‘(C) describes any substantive modifica19 tions to the Long Island Sound Comprehensive 

20 Conservation and Management Plan made dur21 ing the 2-year period preceding the date of sub22 mission of the report; 

23 ‘‘(D) provides specific recommendations to 

24 improve progress in restoring and protecting the 

25 Long Island Sound watershed, including, as apVerDate Sep 11 2014 23:04 May 22, 2018 Jkt 079200 PO 00000 Frm 00360 Fmt 6652 Sfmt 6203 E:\BILLS\S2800.RS S2800

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1 propriate, proposed modifications to the Long Is2 land Sound Comprehensive Conservation and 

3 Management Plan; 

4 ‘‘(E) identifies priority actions for imple5 mentation of the Long Island Sound Comprehen6 sive Conservation and Management Plan for the 

7 2-year period following the date of submission of 

8 the report; and 

9 ‘‘(F) describes the means by which Federal 

10 funding and actions will be coordinated with the 

11 actions of the Long Island Sound States and 

12 other entities. 

13 ‘‘(2) PUBLIC AVAILABILITY.—The Administrator 

14 shall make the report described in paragraph (1) 

15 available to the public, including on the Internet. 

16 ‘‘(g) ANNUAL BUDGET PLAN.—The President shall 

17 submit, together with the annual budget of the United 

18 States Government submitted under section 1105(a) of title 

19 31, United States Code, information regarding each Federal 

20 department and agency involved in the protection and res21 toration of the Long Island Sound watershed, including— 

22 ‘‘(1) an interagency crosscut budget that displays 

23 for each department and agency— 


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1 ‘‘(A) the amount obligated during the pre2 ceding fiscal year for protection and restoration 

3 projects and studies relating to the watershed; 

4 ‘‘(B) the estimated budget for the current 

5 fiscal year for protection and restoration projects 

6 and studies relating to the watershed; and 

7 ‘‘(C) the proposed budget for succeeding fis8 cal years for protection and restoration projects 

9 and studies relating to the watershed; and 

10 ‘‘(2) a summary of any proposed modifications 

11 to the Long Island Sound Comprehensive Conserva12 tion and Management Plan for the following fiscal 

13 year. 

14 ‘‘(h) FEDERAL ENTITIES.— 

15 ‘‘(1) COORDINATION.—The Administrator shall 

16 coordinate the actions of all Federal departments and 

17 agencies that impact water quality in the Long Is18 land Sound watershed in order to improve the water 

19 quality and living resources of the watershed. 

20 ‘‘(2) METHODS.—In carrying out this section, 

21 the Administrator, acting through the Director of the 

22 Office, may— 

23 ‘‘(A) enter into interagency agreements; and 

24 ‘‘(B) make intergovernmental personnel ap25 pointments. 


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1 ‘‘(3) FEDERAL PARTICIPATION IN WATERSHED

2 PLANNING.—A Federal department or agency that 

3 owns or occupies real property, or carries out activi4 ties, within the Long Island Sound watershed shall 

5 participate in regional and subwatershed planning, 

6 protection, and restoration activities with respect to 

7 the watershed. 

8 ‘‘(4) CONSISTENCY WITH COMPREHENSIVE CON9 SERVATION AND MANAGEMENT PLAN.—To the max10 imum extent practicable, the head of each Federal de11 partment and agency that owns or occupies real 

12 property, or carries out activities, within the Long Is13 land Sound watershed shall ensure that the property 

14 and all activities carried out by the department or 

15 agency are consistent with the Long Island Sound 

16 Comprehensive Conservation and Management Plan 

17 (including any related subsequent agreements and 

18 plans).’’. 

19 (b) LONG ISLAND SOUND STEWARDSHIP PROGRAM.— 

20 (1) LONG ISLAND SOUND STEWARDSHIP ADVI21 SORY COMMITTEE.—Section 8 of the Long Island 

22 Sound Stewardship Act of 2006 (33 U.S.C. 1269 note; 

23 Public Law 109–359) is amended— 

24 (A) in subsection (g), by striking ‘‘2011’’ 

25 and inserting ‘‘2021’’; and 


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

2 ‘‘(h) NONAPPLICABILITY OF FACA.—The Federal Ad3 visory Committee Act (5 U.S.C. App.) shall not apply to— 

4 ‘‘(1) the Advisory Committee; or 

5 ‘‘(2) any board, committee, or other group estab6 lished under this Act.’’. 

7 (2) REPORTS.—Section 9(b)(1) of the Long Is8 land Sound Stewardship Act of 2006 (33 U.S.C. 1269 

9 note; Public Law 109–359) is amended in the matter 

10 preceding subparagraph (A) by striking ‘‘fiscal years 

11 2007 through 2011’’ and inserting ‘‘fiscal years 2019 

12 through 2021’’. 

13 (3) AUTHORIZATION.—Section 11 of the Long Is14 land Sound Stewardship Act of 2006 (33 U.S.C. 1269 

15 note; Public Law 109–359) is amended— 

16 (A) by striking subsection (a); 

17 (B) by redesignating subsections (b) through 

18 (d) as subsections (a) through (c), respectively; 

19 and 

20 (C) in subsection (a) (as so redesignated), 

21 by striking ‘‘under this section each’’ and insert22 ing ‘‘to carry out this Act for a’’. 

23 (4) EFFECTIVE DATE.—The amendments made 

24 by this subsection take effect on October 1, 2018. 


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1 (c) REAUTHORIZATION OF LONG ISLAND SOUND PRO2 GRAMS.— 

3 (1) IN GENERAL.—There are authorized to be ap4 propriated to the Administrator of the Environmental 

5 Protection Agency such sums as are necessary for 

6 each of fiscal years 2019 through 2021 for the imple7 mentation of— 

8 (A) section 119 of the Federal Water Pollu9 tion Control Act (33 U.S.C. 1269), other than 

10 subsection (d) of that section; and 

11 (B) the Long Island Sound Stewardship Act 

12 of 2006 (33 U.S.C. 1269 note; Public Law 109– 

13 359). 

14 (2) LONG ISLAND SOUND GRANTS.—There is au15 thorized to be appropriated to the Administrator of 

16 the Environmental Protection Agency to carry out 

17 section 119(d) of the Federal Water Pollution Control 

18 Act (33 U.S.C. 1269(d)) $40,000,000 for each of fiscal 

19 years 2019 through 2021. 

20 (3) LONG ISLAND SOUND STEWARDSHIP

21 GRANTS.—There is authorized to be appropriated to 

22 the Administrator of the Environmental Protection 

23 Agency to carry out the Long Island Sound Steward24 ship Act of 2006 (33 U.S.C. 1269 note; Public Law 


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1 109–359) $25,000,000 for each of fiscal years 2019 

2 through 2021. 

3 SEC. 3703. SENSE OF CONGRESS RELATING TO THE CAN ̃ O 

MARTI 4  ́N PEN ̃ A ECOSYSTEM RESTORATION 

5 PROJECT. 

6 It is the sense of Congress that the Secretary should 

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

8 Pen ̃a, Puerto Rico. 

9 Subtitle I—Tribal Programs 

10 SEC. 3801. INFLATION ADJUSTMENT OF COST-SHARING 

11 PROVISIONS FOR TERRITORIES AND INDIAN 

12 TRIBES. 

13 Section 1156(b) of the Water Resources Development 

14 Act of 1986 (33 U.S.C. 2310(b)) is amended by striking 

15 ‘‘the date of enactment of this subsection’’ and inserting 

16 ‘‘the date of enactment of the America’s Water Infrastruc17 ture Act of 2018’’. 

18 SEC. 3802. TRIBAL PARTNERSHIP PROGRAM. 

19 Section 203(b)(4) of the Water Resources Development 

20 Act of 2000 (33 U.S.C. 2269(b)(4)) is amended by striking 

21 ‘‘$10,000,000’’ in each of subparagraphs (A) and (B) and 

22 inserting ‘‘$15,000,000’’. 

23 SEC. 3803. BLACKFEET WATER RIGHTS SETTLEMENT. 

24 (a) AUTHORIZATION FOR APPROPRIATIONS.—Section 

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1 tion Act (130 Stat. 1838) is amended by adding at the end 

2 the following: 

3 ‘‘(c) BLACKFEET WATER RIGHTS SETTLEMENT.—Not4 withstanding sections 3716(e) and 3717(e), to the extent 

5 funds have been appropriated, 50 percent of the amounts 

6 appropriated to the Blackfeet Settlement Trust Fund and 

7 50 percent of the amounts appropriated to the Blackfeet 

8 Water Settlement Implementation Fund under this section 

9 shall be available to the Tribe and the Secretary in a man10 ner consistent with this title on the execution of the waivers 

11 and releases under section 3720(a).’’. 

12 (b) WAIVER AND RELEASE OF CLAIMS.—Section 3720 

13 of the Water Infrastructure Improvements for the Nation 

14 Act (130 Stat. 1839) is amended— 

15 (1) in subsection (a)(3)(B), by striking ‘‘section 

16 3706’’ and inserting ‘‘section 6’’; and 

17 (2) in subsection (h), in the matter preceding 

18 paragraph (1), by striking ‘‘January 21, 2026’’ and 

19 inserting ‘‘January 21, 2025’’. 

20 SEC. 3804. BONNEVILLE DAM, OREGON. 

21 (a) IN GENERAL.—The Secretary, in consultation with 

22 the Secretary of the Interior, shall examine and assess the 

23 extent to which Indians (as defined in section 4 of the In24 dian Self-Determination and Education Assistance Act (25 


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1 U.S.C. 5304)) have been displaced as a result of the con2 struction of the Bonneville Dam, Oregon. 

3 (b) INCLUSION.—The examination and assessment 

4 under subsection (a) may include assessments relating to 

5 housing and related facilities. 

6 (c) ASSISTANCE.—If the Secretary determines, based 

7 on the examination and assessment under subsection (a), 

8 that assistance is required, the Secretary may use all exist9 ing authorities of the Secretary to provide assistance to In10 dians that have been displaced as a result of the construc11 tion of the Bonneville Dam, Oregon. 

12 (d) TRIBAL ASSISTANCE.—Section 1178(c)(1)(A) of 

13 the Water Infrastructure Improvements for the Nation Act 

14 (130 Stat. 1675) is amended by striking ‘‘Upon the request 

15 of the Secretary of the Interior, the Secretary may provide 

16 assistance’’ and inserting ‘‘The Secretary, in consultation 

17 with the Secretary of the Interior, may provide assistance’’. 

18 SEC. 3805. JOHN DAY DAM, OREGON. 

19 (a) IN GENERAL.—The Secretary, in consultation with 

20 the Secretary of the Interior, shall examine and assess the 

21 extent to which Indians (as defined in section 4 of the In22 dian Self-Determination and Education Assistance Act (25 

23 U.S.C. 5304)) have been displaced as a result of the con24 struction of the John Day Dam, Oregon, as authorized by 


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1 section 204 of the Flood Control Act of 1950 (64 Stat. 179, 

2 chapter 188). 

3 (b) INCLUSION.—The examination and assessment 

4 under subsection (a) may include assessments relating to 

5 housing and related facilities. 

6 (c) ASSISTANCE.—If the Secretary determines, based 

7 on the examination and assessment under subsection (a), 

8 that assistance is required, the Secretary may use all exist9 ing authorities of the Secretary to provide assistance to In10 dians that have been displaced as a result of the construc11 tion of the John Day Dam, Oregon. 

12 SEC. 3806. DALLES DAM, OREGON. 

13 (a) IN GENERAL.—The Secretary, in consultation with 

14 the Secretary of the Interior, shall complete and carry out 

15 a village development plan for any Indian village (as de16 fined in section 4 of the Indian Self-Determination and 

17 Education Assistance Act (25 U.S.C. 5304)) submerged as 

18 a result of the construction of the Dalles Dam, Oregon, as 

19 authorized by section 204 of the Flood Control Act of 1950 

20 (64 Stat. 179, chapter 188). 

21 (b) ASSISTANCE.—The Secretary may acquire land 

22 from willing land owners in carrying out the village devel23 opment plan. 

24 (c) REQUIREMENTS.—The village development plan 

25 under subsection (a) shall include an estimated cost and 


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1 tentative schedule for the construction of a replacement vil2 lage. 

3 SEC. 3807. INDIAN IRRIGATION FUND REAUTHORIZATION. 

4 (a) DEPOSITS TO FUNDS.—Section 3212(a) of the 

5 Water Infrastructure Improvements for the Nation Act (130 

6 Stat. 1750) is amended by striking ‘‘each of fiscal years 

7 2017 through 2021’’ and inserting ‘‘each of fiscal years 

8 2017 through 2028’’. 

9 (b) EXPENDITURES FROM FUND.—Section 3213(a) of 

10 the Water Infrastructure Improvements for the Nation Act 

11 (130 Stat. 1750) is amended in the matter preceding para12 graph (1) by striking ‘‘each of fiscal years 2017 through 

13 2021’’ and inserting ‘‘each of fiscal years 2017 through 

14 2028’’. 

15 (c) TERMINATION.—Section 3216 of the Water Infra16 structure Improvements for the Nation Act (130 Stat. 1750) 

17 is amended in the matter preceding paragraph (1) by strik18 ing ‘‘September 30, 2021’’ and inserting ‘‘September 30, 

19 2028’’. 

20 SEC. 3808. REAUTHORIZATION OF REPAIR, REPLACEMENT, 

21 AND MAINTENANCE OF CERTAIN INDIAN IR22 RIGATION PROJECTS. 

23 (a) IN GENERAL.—Section 3221(b) of the Water Infra24 structure Improvements for the Nation Act (130 Stat. 1751) 

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1 ing ‘‘each of fiscal years 2017 through 2021’’ and inserting 

2 ‘‘each of fiscal years 2017 through 2028’’. 

3 (b) STATUS REPORT ON CERTAIN PROJECTS.—Section 

4 3224(d) of the Water Infrastructure Improvements for the 

5 Nation Act (130 Stat. 1753) is amended in the matter pre6 ceding paragraph (1) by striking ‘‘fiscal year 2021’’ and 

7 inserting ‘‘fiscal year 2028’’. 

8 (c) ALLOCATION AMONG PROJECTS.—Section 3226 of 

9 the Water Infrastructure Improvements for the Nation Act 

10 (130 Stat. 1753) is amended— 

11 (1) in subsection (a), by striking ‘‘each of fiscal 

12 years 2017 through 2021’’ and inserting ‘‘each of fis13 cal years 2017 through 2028’’; and 

14 (2) in subsection (b), by striking ‘‘the day before 

15 the date of enactment of this Act’’ and inserting ‘‘the 

16 day before the date of enactment of the America’s 

17 Water Infrastructure Act of 2018’’. 

18 SEC. 3809. INDIAN DAM SAFETY REAUTHORIZATION. 

19 Section 3101 of the Water Infrastructure Improve20 ments for the Nation Act (25 U.S.C. 3805) is amended— 

21 (1) by striking ‘‘each of fiscal years 2017 through 

22 2023’’ each place it appears and inserting ‘‘each of 

23 fiscal years 2017 through 2030’’; 

24 (2) in subsection (b)— 


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1 (A) in paragraph (1)(F), in the matter pre2 ceding clause (i), by striking ‘‘September 30, 

3 2023’’ and inserting ‘‘September 30, 2030’’; and 

4 (B) in paragraph (2)(F), in the matter pre5 ceding clause (i), by striking ‘‘September 30, 

6 2023’’ and inserting ‘‘September 30, 2030’’; and 

7 (3) in subsection (f)— 

8 (A) in paragraph (2), by striking ‘‘4 years’’ 

9 and inserting ‘‘11 years’’; and 

10 (B) in paragraph (3), by striking ‘‘each of 

11 fiscal years 2017, 2018, and 2019’’ and inserting 

12 ‘‘each of fiscal years 2017 through 2026’’. 

13 SEC. 3810. GAO REPORT ON ALASKA NATIVE VILLAGE RELO14 CATION EFFORTS DUE TO FLOODING AND 

15 EROSION THREATS. 

16 (a) DEFINITION OF ALASKA NATIVE VILLAGE.—In this 

17 section, the term ‘‘Alaska Native village’’ means a Native 

18 village that has a Village Corporation (as those terms are 

19 defined in section 3 of the Alaska Native Claims Settlement 

20 Act (43 U.S.C. 1602)). 

21 (b) REPORT.—The Comptroller General of the United 

22 States (referred to in this section as the ‘‘Comptroller Gen23 eral’’) shall submit to Congress a report on efforts to relocate 

24 Alaska Native villages due to flooding and erosion threats 

25 that updates the report of the Comptroller General entitled 


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1 ‘‘Alaska Native Villages: Limited Progress Has Been Made 

2 on Relocating Villages Threatened by Flooding and Ero3 sion’’, dated June 2009. 

4 (c) INCLUSIONS.—The report under subsection (b) 

5 shall include— 

6 (1) a summary of flooding and erosion threats to 

7 Alaska Native villages throughout the State of Alaska, 

8 based on information from— 

9 (A) the Corps of Engineers; 

10 (B) the Denali Commission; and 

11 (C) any other relevant sources of informa12 tion as the Comptroller General determines to be 

13 appropriate; 

14 (2) the status of efforts to relocate Alaska Native 

15 villages due to flooding and erosion threats; and 

16 (3) any other issues relating to flooding and ero17 sion threats to, or relocation of, Alaska Native vil18 lages, as the Comptroller General determines to be ap19 propriate. 

20 SEC. 3811. REFERENCES TO INDIAN TRIBES. 

21 (a) COST SHARING PROVISIONS.—Section 1156(a)(2) 

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

23 2310(a)(2)) is amended by striking ‘‘(as defined’’ and all 

24 that follows through the period at the end and inserting 

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1 tion 4 of the Indian Self-Determination and Education As2 sistance Act (25 U.S.C. 5304)).’’. 

3 (b) WRITTEN AGREEMENT REQUIREMENT FOR WATER

4 RESOURCES PROJECTS.—Section 221(b)(1) of the Flood 

5 Control Act of 1970 (42 U.S.C. 1962d–5b(b)(1)) is amended 

6 by striking ‘‘(including a’’ and all that follows through ‘‘; 

7 or’’ at the end and inserting ‘‘(including an Indian tribe 

8 and tribal organization (as those terms are defined in sec9 tion 4 of the Indian Self-Determination and Education As10 sistance Act (25 U.S.C. 5304)); or’’. 

11 TITLE IV—SENSE OF CONGRESS 

12 RELATING TO CERTAIN 

13 PROJECTS 

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 each 

22 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 man6 agement, Pawcatuck River, Rhode Island, au7 thorized in the matter under the heading ‘‘INVES8 TIGATIONS’’ under the heading ‘‘CORPS OF ENGI9 NEERS—CIVIL’’ under the heading ‘‘DEPART10 MENT OF THE ARMY’’ in title X of division 

11 A of the Disaster Relief Appropriations Act, 

12 2013 (Public Law 113–2; 127 Stat. 23). 

13 (C) The project for coastal storm risk man14 agement, Hashamomuck Cove, New York, author15 ized in the matter under the heading ‘‘INVES16 TIGATIONS’’ under the heading ‘‘CORPS OF ENGI17 NEERS—CIVIL’’ under the heading ‘‘DEPART18 MENT OF THE ARMY’’ in title X of division 

19 A of the Disaster Relief Appropriations Act, 

20 2013 (Public Law 113–2; 127 Stat. 23). 

21 (D) The project for coastal storm risk man22 agement and utilization of dredged material, 

23 Delaware River, Delaware, New Jersey, and 

24 Pennsylvania, authorized in the matter under 

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1 ing ‘‘CORPS OF ENGINEERS—CIVIL’’ under the 

2 heading ‘‘DEPARTMENT OF THE ARMY’’ in 

3 title X of division A of the Disaster Relief Ap4 propriations Act, 2013 (Public Law 113–2; 127 

5 Stat. 23). 

6 (E) The project for navigation, Seattle Har7 bor, Washington, carried out under section 216 

8 of the Flood Control Act of 1970 (33 U.S.C. 

9 549a). 

10 (F) The project for navigation, Three Riv11 ers, Arkansas, carried out under section 216 of 

12 the Flood Control Act of 1970 (33 U.S.C. 549a). 

13 (G) The project for navigation, San Juan 

14 Harbor, Puerto Rico, described in the study au15 thorized by the resolution adopted by the Com16 mittee on Transportation and Infrastructure of 

17 the House of Representatives on September 20, 

18 2006. 

19 (H) The project for flood risk management 

20 and ecosystem restoration, Espan ̃ola Valley, Rio 

21 Grande and tributaries, New Mexico, described 

22 in the study authorized by the resolution adopted 

23 by the Committee on Environment and Public 

24 Works of the Senate on December 10, 2009. 


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1 (I) The project for ecosystem restoration, 

2 Resacas at Brownsville, Texas, carried out under 

3 section 206 of the Water Resources Development 

4 Act of 1996 (33 U.S.C. 2330). 

5 (J) The project for flood control, navigation, 

6 and ecosystem restoration, Anacostia Watershed, 

7 Prince George’s County, Maryland, described in 

8 the study authorized by the resolution adopted by 

9 the Committee on Public Works and Transpor10 tation of the House of Representatives on Sep11 tember 8, 1988. 

12 (K) The project for flood control, Willamette 

13 River Basin, Oregon, described in the Willamette 

14 River Basin Review Study authorized by the res15 olution adopted by the Committee on Public 

16 Works and Transportation of the House of Rep17 resentatives on September 8, 1988. 

18 (L) The project for flood risk management 

19 and coastal storm risk management, Norfolk, 

20 Virginia, authorized in the matter under the 

21 heading ‘‘INVESTIGATIONS’’ under the heading 

22 ‘‘CORPS OF ENGINEERS—CIVIL’’ under the head23 ing ‘‘DEPARTMENT OF THE ARMY’’ in title 

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1 tions Act, 2013 (Public Law 113–2; 127 Stat. 

2 23). 

3 (M) The project for flood risk management, 

4 Armourdale and Central Industrial District 

5 Levee Units, Missouri River and Tributaries at 

6 Kansas City, Kansas, authorized by section 

7 1401(2) of the Water Infrastructure Improve8 ments for the Nation Act (130 Stat. 1711) (as 

9 modified by section 3504). 

10 (N) The project for navigation and hurri11 cane and storm damage reduction, Houma, Lou12 isiana, authorized by section 1001(24)(B) of the 

13 Water Resources Development Act of 2007 (121 

14 Stat. 1053). 

15 (O) The project for flood risk management, 

16 Souris River Basin, Minot, North Dakota, au17 thorized by section 209 of the Flood Control Act 

18 of 1966 (80 Stat. 1423). 

19 (P) The project for ecosystem restoration, 

20 Delta Islands and Levees, California, described 

21 in the study authorized by— 

22 (i) the resolution adopted by the Com23 mittee on Public Works of the Senate on 

24 June 1, 1948; 


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1 (ii) the resolution adopted by the Com2 mittee on Public Works of the House of Rep3 resentatives on May 8, 1948; and 

4 (iii) House Report 108–357, accom5 panying the Energy and Water Develop6 ment Appropriations Act, 2004 (Public 

7 Law 108–137; 117 Stat. 1827). 

8 (Q) The project for navigation, Norfolk 

9 Harbor and Channels, Virginia, authorized by 

10 section 201(a) of the Water Resources Develop11 ment Act of 1986 (100 Stat. 4090). 

12 (2) PROJECTS FOR WHICH A POST-AUTHORIZA13 TION CHANGE REPORT IS EXPECTED.— 

14 (A) The project for navigation, Chicka15 mauga Lock, Tennessee, authorized by section 

16 114 of the Energy and Water Development Ap17 propriations Act, 2003 (Public Law 108–7; 117 

18 Stat. 140). 

19 (B) The project for ecosystem restoration, 

20 South Florida, Florida, authorized by section 

21 601 of the Water Resources Development Act of 

22 2000 (114 Stat. 2680). 

23 (C) The project for navigation, Freeport 

24 Harbor, Texas, carried out under section 216 of 

25 the Flood Control Act of 1970 (33 U.S.C. 549a). 


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1 (D) The project for Soo Locks, Sault Sainte 

2 Marie, Michigan, authorized by section 1149 of 

3 the Water Resources Development Act of 1986 

4 (100 Stat. 4254; 121 Stat. 1131). 

5 (E) The project for ecosystem restoration, 

6 Central Everglades, Florida, authorized by sec7 tion 1401(4) of the Water Infrastructure Im8 provements for the Nation Act (130 Stat. 1713). 

9 (F) The project for water supply and eco10 system restoration, Howard A. Hanson Dam, 

11 Washington, authorized by section 204 of the 

12 Flood Control Act of 1950 (64 Stat. 180) and 

13 modified by section 101(b)(15) of the Water Re14 sources Development Act of 1999 (113 Stat. 281). 

15 (G) The project for flood risk management, 

16 Green Brook Sub-Basin, Raritan River Basin, 

17 New Jersey, authorized by section 401(a) of the 

18 Water Resources Development Act of 1986 (100 

19 Stat. 4119). 

20 (H) The project for shore protection and 

21 harbor mitigation, Fort Pierce Beach, Florida, 

22 authorized by section 301 of the River and Har23 bor Act of 1965 (79 Stat. 1092), section 102 of 

24 the River and Harbor Act of 1968 (82 Stat. 

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1 sources Development Act of 1996 (110 Stat. 

2 3757), and modified by section 313 of the Water 

3 Resources Development Act of 1999 (113 Stat. 

4 301). 

5 (I) The project for flood control, McMicken 

6 Dam, Arizona, authorized by section 304 of the 

7 Act of August 7, 1953 (67 Stat. 450, chapter 

8 342). 

9 (J) The project for flood protection, Cave 

10 Buttes Dam, Arizona, authorized by section 204 

11 of the Flood Control Act of 1965 (79 Stat. 1083). 

12 (K) The project for navigation, Mississippi 

13 River to Shreveport, Louisiana, Red River Wa14 terway, authorized by section 101 of the River 

15 and Harbor Act of 1968 (82 Stat. 731). 

16 TITLE V—EPA-RELATED 

17 PROVISIONS 

18 SEC. 5001. STORMWATER INFRASTRUCTURE FUNDING TASK 

19 FORCE. 

20 (a) IN GENERAL.—Not later than 180 days after the 

21 date of enactment of this Act, the Administrator of the En22 vironmental Protection Agency (referred to in this section 

23 as the ‘‘Administrator’’) shall establish a voluntary 

24 stormwater infrastructure funding task force comprised of 

25 representatives of public, private, and Federal entities to 


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1 study and develop recommendations to improve the funding 

2 and financing of stormwater infrastructure to ensure 

3 that— 

4 (1) municipalities are able to identify appro5 priate funding sources; and 

6 (2) funding is— 

7 (A) available in all States; 

8 (B) affordable (based on the integrated 

9 planning guidelines described in the Integrated 

10 Municipal Stormwater and Wastewater Plan11 ning Approach Framework, issued by the Envi12 ronmental Protection Agency and dated June 5, 

13 2012); and 

14 (C) sufficient to support capital expendi15 tures and long-term operation and maintenance 

16 costs. 

17 (b) REPORT.—Not later than 18 months after the date 

18 of enactment of this Act, the Administrator shall submit 

19 to Congress a report that describes the results of the study 

20 under subsection (a). 

21 SEC. 5002. REAUTHORIZATION OF THE WATER INFRASTRUC22 TURE FINANCE AND INNOVATION ACT. 

23 Section 5033 of the Water Infrastructure Finance and 

24 Innovation Act of 2014 (33 U.S.C. 3912) is amended— 


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1 (1) in subsection (a)(5), by striking ‘‘for fiscal 

2 year 2019’’ and inserting ‘‘for each of fiscal years 

3 2019 through 2021’’; and 

4 (2) in subsection (b), by striking ‘‘for each of fis5 cal years 2015 through 2019’’ and inserting ‘‘for each 

6 of fiscal years 2015 through 2021’’. 

7 SEC. 5003. INDIAN RESERVATION DRINKING WATER AND 

8 WASTEWATER PILOT PROGRAM. 

9 (a) IN GENERAL.—Subject to the availability of appro10 priations, the Administrator of the Environmental Protec11 tion Agency shall carry out a pilot program to imple12 ment— 

13 (1) 10 eligible projects described in subsection (b) 

14 that are within the Upper Missouri River Basin; and 

15 (2) 10 eligible projects described in subsection (b) 

16 that are within the Upper Rio Grande Basin. 

17 (b) ELIGIBLE PROJECTS.—A project eligible to par18 ticipate in the pilot program under subsection (a) is a 

19 project— 

20 (1) that is on a reservation (as defined in section 

21 3 of the Indian Financing Act of 1974 (25 U.S.C. 

22 1452)) that serves a federally recognized Indian 

23 Tribe; and 

24 (2) the purpose of which is— 


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1 (A) to connect, expand, or repair existing 

2 drinking water lines or water towers in order to 

3 improve water quality, pressure, or services; or 

4 (B) to replace or refurbish wastewater la5 goons that are insufficient for current or near6 term community needs or economic growth. 

7 (c) REQUIREMENT.—In carrying out the pilot pro8 gram under subsection (a)(1), the Administrator of the En9 vironmental Protection Agency shall select not less than 1 

10 eligible project for a reservation that serves more than 1 

11 federally recognized Indian Tribe. 

12 SEC. 5004. TECHNICAL ASSISTANCE FOR TREATMENT 

13 WORKS. 

14 (a) IN GENERAL.—Title II of the Federal Water Pollu15 tion Control Act (33 U.S.C. 1281 et seq.) is amended by 

16 adding at the end the following: 

17 ‘‘SEC. 222. TECHNICAL ASSISTANCE FOR SMALL TREAT18 MENT WORKS. 

19 ‘‘(a) DEFINITIONS.—In this section: 

20 ‘‘(1) QUALIFIED NONPROFIT SMALL TREATMENT

21 WORKS TECHNICAL ASSISTANCE PROVIDER.—The term 

22 ‘qualified nonprofit small treatment works technical 

23 assistance provider’ means a nonprofit organization 

24 that, as determined by the Administrator— 


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1 ‘‘(A) is qualified and experienced in pro2 viding training and technical assistance to small 

3 treatment works; and 

4 ‘‘(B) the small treatment works in the State 

5 finds to be the most beneficial and effective. 

6 ‘‘(2) SMALL TREATMENT WORKS.—The term 

7 ‘small treatment works’ means a publicly owned 

8 treatment works serving not more than 10,000 indi9 viduals. 

10 ‘‘(b) TECHNICAL ASSISTANCE.—The Administrator 

11 may use amounts made available to carry out this section 

12 to provide grants or cooperative agreements to qualified 

13 nonprofit small treatment works technical assistance pro14 viders to provide to owners and operators of small treat15 ment works onsite technical assistance, circuit rider tech16 nical assistance programs, multi-State, regional technical 

17 assistance programs, and onsite and regional training, to 

18 assist the small treatment works in achieving compliance 

19 with this Act or obtaining financing under this Act for eli20 gible projects. 

21 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 

22 authorized to be appropriated to carry out this section for 

23 grants for small treatment works technical assistance, 

24 $15,000,000 for each of fiscal years 2019 through 2021. 


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1 ‘‘SEC. 223. TECHNICAL ASSISTANCE FOR MEDIUM TREAT2 MENT WORKS. 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) MEDIUM TREATMENT WORKS.—The term 

5 ‘medium treatment works’ means a publicly owned 

6 treatment works serving not fewer than 10,001, and 

7 not more than 75,000, individuals. 

8 ‘‘(2) QUALIFIED NONPROFIT MEDIUM TREAT9 MENT WORKS TECHNICAL ASSISTANCE PROVIDER.— 

10 The term ‘qualified nonprofit medium treatment 

11 works technical assistance provider’ means a qualified 

12 nonprofit technical assistance provider of water and 

13 wastewater services to medium-sized communities that 

14 provides technical assistance (including circuit rider 

15 technical assistance programs, multi-State, regional 

16 assistance programs, and training and preliminary 

17 engineering evaluations) to owners and operators of 

18 medium treatment works, which may include a State 

19 agency. 

20 ‘‘(b) TECHNICAL ASSISTANCE.—The Administrator 

21 may use amounts made available to carry out this section 

22 to provide grants or cooperative agreements to qualified 

23 nonprofit medium treatment works technical assistance 

24 providers to provide to owners and operators of medium 

25 treatment works onsite technical assistance, circuit-rider 

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1 nical assistance programs, and onsite and regional training 

2 to assist medium treatment works that are facing difficulty 

3 in achieving compliance with this Act or obtaining financ4 ing under this Act for eligible projects. 

5 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to carry out this section 

7 $10,000,000 for each of fiscal years 2019 through 2021.’’. 

8 (b) WATER POLLUTION CONTROL REVOLVING LOAN

9 FUNDS.— 

10 (1) IN GENERAL.—Section 603 of the Federal 

11 Water Pollution Control Act (33 U.S.C. 1383) is 

12 amended— 

13 (A) in subsection (d)— 

14 (i) in the matter preceding paragraph 

15 (1), by inserting ‘‘and as provided in sub16 section (e)’’ after ‘‘State law’’; 

17 (ii) by redesignating subsections (e) 

18 through (i) as subsections (f) through (j), re19 spectively; and 

20 (iii) by inserting after subsection (d) 

21 the following: 

22 ‘‘(e) ADDITIONAL USE OF FUNDS.—A State may use 

23 an additional 2 percent of the funds annually allotted to 

24 the State under this section for qualified nonprofit small 

25 treatment works technical assistance providers (as the term 


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1 is defined in section 222) and qualified nonprofit medium 

2 treatment works technical assistance providers (as the term 

3 in defined in section 223) to provide technical assistance 

4 to small treatment works (as the term is defined in section 

5 222) and medium treatment works (as the term is defined 

6 in section 223) in the State.’’. 

7 (2) CONFORMING AMENDMENT.—Section 221(d) 

8 of the Federal Water Pollution Control Act (33 U.S.C. 

9 1301(d)) is amended by striking ‘‘section 603(h)’’ and 

10 inserting ‘‘section 603(i)’’. 

11 SEC. 5005. CLEAN, SAFE, RELIABLE WATER INFRASTRUC12 TURE. 

13 (a) DRINKING WATER INFRASTRUCTURE.— 

14 (1) OTHER AUTHORIZED ACTIVITIES.—Section 

15 1452(k) of the Safe Drinking Water Act (42 U.S.C. 

16 300j–12(k)) is amended— 

17 (A) in paragraph (1)(D), by inserting ‘‘and 

18 the implementation of plans to protect source 

19 water identified in a source water assessment 

20 under section 1453’’ before the period at the end; 

21 and 

22 (B) in paragraph (2)(E), by inserting ‘‘and 

23 implement plans to protect source water identi24 fied in a source water assessment under section 

25 1453’’ after ‘‘wellhead protection programs’’. 


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1 (2) NEGOTIATION OF CONTRACTS.—Section 1452 

2 of the Safe Drinking Water Act (42 U.S.C. 300j–12) 

3 is amended by adding at the end the following: 

4 ‘‘(s) NEGOTIATION OF CONTRACTS.—For communities 

5 with populations of more than 10,000 individuals, a con6 tract to be carried out using funds directly made available 

7 by a capitalization grant under this section for program 

8 management, construction management, feasibility studies, 

9 preliminary engineering, design, engineering, surveying, 

10 mapping, or architectural or related services shall be nego11 tiated in the same manner as— 

12 ‘‘(1) a contract for architectural and engineering 

13 services is negotiated under chapter 11 of title 40, 

14 United States Code; or 

15 ‘‘(2) an equivalent State qualifications-based re16 quirement (as determined by the Governor of the 

17 State).’’. 

18 (3) WATERSENSE PROGRAM.—The Safe Drinking 

19 Water Act (42 U.S.C. 300j et seq.) is amended by 

20 adding after part F the following: 

21 ‘‘PART G—ADDITIONAL PROVISIONS 

22 ‘‘SEC. 1471. WATERSENSE PROGRAM. 

23 ‘‘(a) ESTABLISHMENT OF WATERSENSE PROGRAM.— 

24 ‘‘(1) IN GENERAL.—There is established within 

25 the Agency a voluntary WaterSense program to idenVerDate Sep 11 2014 23:04 May 22, 2018 Jkt 079200 PO 00000 Frm 00389 Fmt 6652 Sfmt 6203 E:\BILLS\S2800.RS S2800

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1 tify and promote water-efficient products, buildings, 

2 landscapes, facilities, processes, and services that, 

3 through voluntary labeling of, or other forms of com4 munications regarding, products, buildings, land5 scapes, facilities, processes, and services while meeting 

6 strict performance criteria, sensibly— 

7 ‘‘(A) reduce water use; 

8 ‘‘(B) reduce the strain on public and com9 munity water systems and wastewater and 

10 stormwater infrastructure; 

11 ‘‘(C) conserve energy used to pump, heat, 

12 transport, and treat water; and 

13 ‘‘(D) preserve water resources for future 

14 generations. 

15 ‘‘(2) INCLUSIONS.—The Administrator shall, 

16 consistent with this section, identify water-efficient 

17 products, buildings, landscapes, facilities, processes, 

18 and services, including categories such as— 

19 ‘‘(A) irrigation technologies and services; 

20 ‘‘(B) point-of-use water treatment devices; 

21 ‘‘(C) plumbing products; 

22 ‘‘(D) reuse and recycling technologies; 

23 ‘‘(E) landscaping and gardening products, 

24 including moisture control or water enhancing 

25 technologies; 


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1 ‘‘(F) xeriscaping and other landscape con2 versions that reduce water use; 

3 ‘‘(G) whole house humidifiers; and 

4 ‘‘(H) water-efficient buildings or facilities. 

5 ‘‘(b) DUTIES.—The Administrator, coordinating as 

6 appropriate with the Secretary of Energy, shall— 

7 ‘‘(1) establish— 

8 ‘‘(A) a WaterSense label to be used for items 

9 meeting the certification criteria established in 

10 accordance with this section; and 

11 ‘‘(B) the procedure, including the methods 

12 and means, and criteria by which an item may 

13 be certified to display the WaterSense label; 

14 ‘‘(2) enhance public awareness regarding the 

15 WaterSense label through outreach, education, and 

16 other means; 

17 ‘‘(3) preserve the integrity of the WaterSense 

18 label by— 

19 ‘‘(A) establishing and maintaining feasible 

20 performance criteria so that products, buildings, 

21 landscapes, facilities, processes, and services la22 beled with the WaterSense label perform as well 

23 or better than less water-efficient counterparts; 

24 ‘‘(B) overseeing WaterSense certifications 

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1 pendent third-party product certification bodies 

2 accredited by an accreditation entity domiciled 

3 in the United States, such as the American Na4 tional Standards Institute, as achieving— 

5 ‘‘(i) the requirements described in the 

6 document of the International Organization 

7 for Standardization and the International 

8 Electrotechnical Commission entitled ‘ISO/ 

9 IEC 17065 Conformity assessment—Re10 quirements for bodies certifying products, 

11 processes and services’ and dated September 

12 2012; and 

13 ‘‘(ii) the applicable WaterSense re14 quirements; 

15 ‘‘(C) as determined appropriate by the Ad16 ministrator, using testing protocols, from the ap17 propriate, applicable, and relevant consensus 

18 standards, for the purpose of determining stand19 ards compliance; and 

20 ‘‘(D) auditing the use of the WaterSense 

21 label in the marketplace and preventing cases of 

22 misuse; 

23 ‘‘(4) not more frequently than every 6 years after 

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1 fication, review and, if appropriate, revise the speci2 fication to achieve additional water savings; 

3 ‘‘(5) in revising a WaterSense specification— 

4 ‘‘(A) provide reasonable notice to interested 

5 parties and the public of any changes, including 

6 effective dates, and an explanation of the 

7 changes; 

8 ‘‘(B) solicit comments from interested par9 ties and the public prior to any changes; 

10 ‘‘(C) as appropriate, respond to comments 

11 submitted by interested parties and the public; 

12 and 

13 ‘‘(D) provide an appropriate transition 

14 time prior to the applicable effective date of any 

15 changes, taking into account the timing nec16 essary for the manufacture, marketing, training, 

17 and distribution of the specific water-efficient 

18 product, building, landscape, process, or service 

19 category being addressed; and 

20 ‘‘(6) not later than December 31, 2019, consider 

21 for review and revision any WaterSense specification 

22 adopted before January 1, 2012. 

23 ‘‘(c) TRANSPARENCY.—The Administrator shall, to the 

24 maximum extent practicable and not less than annually, 

25 regularly estimate and make available to the public savings 


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1 of water, energy, and capital costs of water, wastewater, 

2 and stormwater attributable to the use of WaterSense-la3 beled products, buildings, landscapes, facilities, processes, 

4 and services. 

5 ‘‘(d) DISTINCTION OF AUTHORITIES.—In setting or 

6 maintaining specifications for Energy Star pursuant to 

7 section 324A of the Energy Policy and Conservation Act 

8 (42 U.S.C. 6294a), and WaterSense under this section, the 

9 Secretary of Energy and the Administrator shall coordinate 

10 to prevent duplicative or conflicting requirements among 

11 the respective programs. 

12 ‘‘(e) NO WARRANTY.—A WaterSense label shall not 

13 create an express or implied warranty.’’. 

14 (b) SEWER OVERFLOW CONTROL GRANTS.—Section 

15 221 of the Federal Water Pollution Control Act (33 U.S.C. 

16 1301) is amended— 

17 (1) in subsection (a), by striking the subsection 

18 designation and heading and all that follows through 

19 ‘‘subject to subsection (g), the Administrator may’’ in 

20 paragraph (2) and inserting the following: 

21 ‘‘(a) AUTHORITY.—The Administrator may— 

22 ‘‘(1) make grants to States for the purpose of 

23 providing grants to a municipality or municipal en24 tity for planning, designing, and constructing— 


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1 ‘‘(A) treatment works to intercept, trans2 port, control, or treat municipal combined sewer 

3 overflows and sanitary sewer overflows; and 

4 ‘‘(B) measures to manage, reduce, treat, or 

5 recapture stormwater or subsurface drainage 

6 water; and 

7 ‘‘(2) subject to subsection (g),’’; 

8 (2) in subsection (b)— 

9 (A) in paragraph (1), by striking the semi10 colon at the end and inserting ‘‘; or’’; 

11 (B) by striking paragraphs (2) and (3); and 

12 (C) by redesignating paragraph (4) as 

13 paragraph (2); 

14 (3) by striking subsections (e) through (g) and 

15 inserting the following: 

16 ‘‘(e) ADMINISTRATIVE REQUIREMENTS.— 

17 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

18 project that receives grant assistance under subsection 

19 (a) shall be carried out subject to the same require20 ments as a project that receives assistance from a 

21 State water pollution control revolving fund estab22 lished pursuant to title VI. 

23 ‘‘(2) DETERMINATION OF GOVERNOR.—The re24 quirement described in paragraph (1) shall not apply 

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1 section (a) to the extent that the Governor of the State 

2 in which the project is located determines that a re3 quirement described in title VI is inconsistent with 

4 the purposes of this section. 

5 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to carry out this section 

7 $225,000,000 for each of fiscal years 2019 and 2020, to re8 main available until expended. 

9 ‘‘(g) ALLOCATION OF FUNDS.—For each of fiscal years 

10 2019 and 2020, subject to subsection (h), the Administrator 

11 shall use the amounts made available to carry out this sec12 tion to provide grants to municipalities and municipal en13 tities under subsection (a)(2)— 

14 ‘‘(1) in accordance with the priority criteria de15 scribed in subsection (b); and 

16 ‘‘(2) with additional priority given to proposed 

17 projects that involve the use of— 

18 ‘‘(A) nonstructural, low-impact develop19 ment; 

20 ‘‘(B) water conservation, efficiency, or 

21 reuse; or 

22 ‘‘(C) other decentralized stormwater or 

23 wastewater approaches to minimize flows into 

24 the sewer systems.’’; and 

25 (4) by striking subsection (i). 


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1 SEC. 5006. WATER INFRASTRUCTURE FLEXIBILITY. 

2 (a) DEFINITION OF ADMINISTRATOR.—In this section, 

3 the term ‘‘Administrator’’ means the Administrator of the 

4 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. 1342) 

8 is amended by adding at the end the following: 

9 ‘‘(s) INTEGRATED PLAN PERMITS.— 

10 ‘‘(1) DEFINITIONS.—In this subsection: 

11 ‘‘(A) GREEN INFRASTRUCTURE.—The term 

12 ‘green infrastructure’ means the range of meas13 ures that use plant or soil systems, permeable 

14 pavement or other permeable surfaces or sub15 strates, stormwater harvest and reuse, or land16 scaping to store, infiltrate, or evapotranspirate 

17 stormwater and reduce flows to sewer systems or 

18 to surface waters. 

19 ‘‘(B) INTEGRATED PLAN.—The term ‘inte20 grated plan’ has the meaning given in Part III 

21 of the Integrated Municipal Stormwater and 

22 Wastewater Planning Approach Framework, 

23 issued by the Environmental Protection Agency 

24 and dated June 5, 2012. 

25 ‘‘(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 212) 

4 or a discharge from a municipal storm 

5 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 IN20 TEGRATED PLAN.—A permit issued under this 

21 subsection that incorporates an integrated plan 

22 may integrate all requirements under this Act 

23 addressed in the integrated plan, including re24 quirements 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 lim9 itation 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 com22 pliance schedule under subparagraph (A) may 

23 include green infrastructure if implemented as 

24 part of a water quality-based effluent 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 in 

6 this subsection modifies any obligation to comply 

7 with applicable technology and water quality8 based effluent limitations under this Act. 

9 ‘‘(B) FLEXIBILITY.—Nothing in this sub10 section reduces or eliminates any flexibility 

11 available under this Act, including the authority 

12 of— 

13 ‘‘(i) a State to revise a water quality 

14 standard after a use attainability analysis 

15 under section 131.10(g) of title 40, Code of 

16 Federal Regulations (or a successor regula17 tion), subject to the approval of the Admin18 istrator under section 303(c); and 

19 ‘‘(ii) the Administrator or a State to 

20 authorize a schedule of compliance that ex21 tends beyond the date of expiration of a per22 mit term if the schedule of compliance meets 

23 the requirements of section 122.47 of title 

24 40, Code of Federal Regulations (as in effect 

25 on the date of enactment of this subsection). 


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1 ‘‘(5) CLARIFICATION OF STATE AUTHORITY.— 

2 ‘‘(A) IN GENERAL.—Nothing in section 

3 301(b)(1)(C) precludes a State from authorizing 

4 in the water quality standards of the State the 

5 issuance of a schedule of compliance to meet 

6 water quality-based effluent limitations in per7 mits that incorporate provisions of an integrated 

8 plan. 

9 ‘‘(B) TRANSITION RULE.—In any case in 

10 which a discharge is subject to a judicial order 

11 or consent decree as of the date of enactment of 

12 the America’s Water Infrastructure Act of 2018 

13 resolving an enforcement action under this Act, 

14 any schedule of compliance issued pursuant to 

15 an authorization in a State water quality stand16 ard shall not revise a schedule of compliance in 

17 that order or decree unless the order or decree is 

18 modified by agreement of the parties and the 

19 court.’’. 

20 (2) MUNICIPAL OMBUDSMAN.— 

21 (A) ESTABLISHMENT.—There is established 

22 within the Office of the Administrator an Office 

23 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 agen11 cy policies are implemented by all offices of 

12 the Environmental Protection Agency, in13 cluding 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 that 

18 the municipality seeking assistance is provided 

19 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 (33 

25 U.S.C. 1251 et seq.) and, if applicable, the 


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1 Safe Drinking Water Act (42 U.S.C. 300f et 

2 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 Pol6 lution Control Act (as added by paragraph 

7 (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 inte19 grated plans developed by the Adminis20 trator; and 

21 (ii) a copy of each permit, order, or ju22 dicial consent decree that implements or in23 corporates an integrated plan. 


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1 (3) MUNICIPAL ENFORCEMENT.—Section 309 of 

2 the Federal Water Pollution Control Act (33 U.S.C. 

3 1319) is amended by adding at the end the following: 

4 ‘‘(h) IMPLEMENTATION OF INTEGRATED PLANS

5 THROUGH ENFORCEMENT TOOLS.— 

6 ‘‘(1) IN GENERAL.—In conjunction with an en7 forcement action under subsection (a) or (b) relating 

8 to municipal discharges, the Administrator shall in9 form a municipality of the opportunity to develop an 

10 integrated plan (as defined in section 402(s)). 

11 ‘‘(2) MODIFICATION.—Any municipality under 

12 an administrative order under subsection (a) or set13 tlement agreement (including a judicial consent de14 cree) under subsection (b) that has developed an inte15 grated plan consistent with section 402(s) may re16 quest a modification of the administrative order or 

17 settlement agreement based on that integrated plan.’’. 

18 (4) REPORT TO CONGRESS.—Not later than 2 

19 years after the date of enactment of this Act, the Ad20 ministrator shall submit to the Committee on Envi21 ronment 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 ‘‘In2 tegrated Municipal Stormwater and Wastewater 

3 Planning Approach Framework’’ issued by the Envi4 ronmental Protection Agency and dated June 5, 2012, 

5 including a description of the control measures, levels 

6 of control, estimated costs, and compliance schedules 

7 for the requirements implemented through an inte8 grated plan. 

9 (c) GREEN INFRASTRUCTURE PROMOTION.—Title V of 

10 the Federal Water Pollution Control Act (33 U.S.C. 1361 

11 et seq.) is amended— 

12 (1) by redesignating section 519 (33 U.S.C. 1251 

13 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 Develop21 ment, and the Office of Policy of the Environmental Protec22 tion Agency promote the use of green infrastructure in and 

23 coordinate the integration of green infrastructure into, per24 mitting programs, planning efforts, research, technical as25 sistance, 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, codes, 

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1 ments under consent decrees and settlement agree2 ments 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 ‘‘fi2 nancial 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 February 

11 1997, as applicable to the combined sewer over12 flows and sanitary sewer overflows guidance 

13 published by the Administrator entitled ‘‘Finan14 cial Capability Assessment Framework’’ and 

15 dated November 24, 2014. 

16 (2) USE OF MEDIAN HOUSEHOLD INCOME.—The 

17 Administrator shall not use median household income 

18 as the sole indicator of affordability for a residential 

19 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 in 

6 subparagraph (A) is finalized, the Administrator 

7 shall use the revised guidance in lieu of the guid8 ance described in paragraph (1)(C). 

9 (4) CONSIDERATION AND CONSULTATION.— 

10 (A) CONSIDERATION.—In revising the guid11 ance, 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 of 

3 a utility; 

4 (v) the degree to which rates of low-in5 come consumers would be affected by water 

6 infrastructure investments, the use of rate 

7 structures, and customer assistance pro8 grams to address the rates of low-income 

9 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 guidance 

17 issued to replace the guidance shall be developed 

18 in consultation with stakeholders. 

19 (5) PUBLICATION AND SUBMISSION.— 

20 (A) IN GENERAL.—On completion of the re21 vision of the guidance, the Administrator shall 

22 publish in the Federal Register and submit to 

23 the Committee on Environment and Public 

24 Works of the Senate and the Committee on 


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1 Transportation and Infrastructure of the House 

2 of Representatives the revised guidance. 

3 (B) EXPLANATION.—If the Administrator 

4 makes a determination not to follow 1 or more 

5 recommendations of the study referred to in 

6 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 DECLARATIONS.— 

16 Section 102 of the Water Resources Research Act of 1984 

17 (42 U.S.C. 10301) is amended— 

18 (1) by redesignating paragraphs (7) through (9) 

19 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 increas25 ing the effectiveness and efficiency of new and existVerDate Sep 11 2014 23:04 May 22, 2018 Jkt 079200 PO 00000 Frm 00411 Fmt 6652 Sfmt 6203 E:\BILLS\S2800.RS S2800

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1 ing treatment works through alternative approaches, 

2 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 1984 

11 (42 U.S.C. 10303(b)(1)) is amended— 

12 (1) in subparagraph (B)(ii), by striking ‘‘water13 related phenomena’’ and inserting ‘‘water resources’’; 

14 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. 10303(c)) 

19 is amended— 

20 (1) by striking ‘‘(c) From the’’ and inserting the 

21 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 recipi9 ent with this subsection for the immediately preceding 

10 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 sub14 section (e) and inserting the following: 

15 ‘‘(e) EVALUATION OF WATER RESOURCES RESEARCH

16 PROGRAM.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall conduct 

18 a careful and detailed evaluation of each institute at 

19 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 pro23 ducing measured results and applied water sup24 ply research; and 


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1 ‘‘(C) whether the effectiveness of the institute 

2 as an institution for planning, conducting, and 

3 arranging for research warrants continued sup4 port 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 (42 

14 U.S.C. 10303(f)(1)) is amended by striking ‘‘$12,000,000 

15 for each of fiscal years 2007 through 2011’’ and inserting 

16 ‘‘$7,500,000 for each of fiscal years 2019 through 2021’’. 

17 (f) ADDITIONAL APPROPRIATIONS WHERE RESEARCH

18 FOCUSED ON WATER PROBLEMS OF INTERSTATE NA19 TURE.—Section 104(g)(1) of the Water Resources Research 

20 Act of 1984 (42 U.S.C. 10303(g)(1)) is amended in the first 

21 sentence, by striking ‘‘$6,000,000 for each of fiscal years 

22 2007 through 2011’’ and inserting ‘‘$1,500,000 for each of 

23 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. 300j 

3 et seq.) is amended by adding at the end the following: 

4 ‘‘SEC. 1459C. STUDY ON INTRACTABLE WATER SYSTEMS. 

5 ‘‘(a) DEFINITION OF INTRACTABLE WATER SYSTEM.— 

6 In this section, the term ‘intractable water system’ means 

7 a community water system or a noncommunity water sys8 tem— 

9 ‘‘(1) that serves fewer than 1,000 individuals; 

10 and 

11 ‘‘(2) the owner or operator of which— 

12 ‘‘(A) is unable or unwilling to provide safe 

13 and adequate service to those individuals; 

14 ‘‘(B) has abandoned or effectively aban15 doned the community water system or non16 community water system, as applicable; 

17 ‘‘(C) has defaulted on a financial obligation 

18 relating to the community water system or non19 community water system, as applicable; 

20 ‘‘(D) fails to maintain the facilities of the 

21 community water system or noncommunity 

22 water system, as applicable, in a manner so as 

23 to prevent a potential public health hazard; or 

24 ‘‘(E) is in significant noncompliance with 

25 this Act or any regulation promulgated pursuant 

26 to this Act. 


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1 ‘‘(b) STUDY REQUIRED.— 

2 ‘‘(1) IN GENERAL.—Not later than 2 years after 

3 the date of enactment of this section, the Adminis4 trator, in consultation with the Secretary of Agri5 culture and the Secretary of Health and Human 

6 Services, shall complete a study that— 

7 ‘‘(A) identifies intractable water systems; 

8 and 

9 ‘‘(B) describes barriers to delivery of potable 

10 water to individuals served by an intractable 

11 water system. 

12 ‘‘(2) REPORT TO CONGRESS.—Not later than 2 

13 years after the date of enactment of this section, the 

14 Administrator shall submit to Congress a report de15 scribing findings and recommendations based on the 

16 study under this subsection. 

17 ‘‘(c) COMPLIANCE INCENTIVE.—Section 1414(h)(2) 

18 shall apply to any person carrying out a plan to address 

19 an intractable water system that is approved by— 

20 ‘‘(1) in the case of a State with primary enforce21 ment responsibility under section 1413, the State; or 

22 ‘‘(2) in the case of a State that does not have 

23 primary enforcement responsibility, the Adminis24 trator.’’. 


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1 SEC. 5009. NATIONAL ONSITE WASTEWATER RECYCLING. 

2 (a) SENSE OF CONGRESS.—It is the sense of Congress 

3 that providing communities with the knowledge and re4 sources necessary to fully use decentralized wastewater sys5 tems can provide affordable wastewater recycling and treat6 ment to millions of people in the United States. 

7 (b) DEFINITION OF ADMINISTRATOR.—In this section, 

8 the term ‘‘Administrator’’ means the Administrator of the 

9 Environmental Protection Agency. 

10 (c) WASTEWATER TECHNOLOGY CLEARINGHOUSE.— 

11 (1) IN GENERAL.—The Administrator shall— 

12 (A) for each of the programs described in 

13 paragraph (2), update the information for those 

14 programs to include information on cost-effective 

15 and alternative wastewater recycling and treat16 ment systems, including onsite and decentralized 

17 systems; and 

18 (B) disseminate to units of local government 

19 and nonprofit organizations seeking Federal 

20 funds for wastewater systems information on the 

21 cost effectiveness of alternative wastewater treat22 ment and recycling systems, including onsite 

23 and decentralized systems. 

24 (2) PROGRAMS DESCRIBED.—The programs re25 ferred to in paragraph (1)(A) are programs that proVerDate Sep 11 2014 23:04 May 22, 2018 Jkt 079200 PO 00000 Frm 00417 Fmt 6652 Sfmt 6203 E:\BILLS\S2800.RS S2800

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1 vide technical assistance for wastewater management, 

2 including— 

3 (A) programs for nonpoint source manage4 ment under section 319 of the Federal Water 

5 Pollution Control Act (33 U.S.C. 1329); 

6 (B) the permit program for the disposal of 

7 sewer sludge under section 405 of the Federal 

8 Water Pollution Control Act (33 U.S.C. 1345); 

9 (C) technical assistance for small public 

10 water systems under section 1442(e) of the Safe 

11 Drinking Water Act (42 U.S.C. 300j–2(e)); and 

12 (D) other programs of the Administrator 

13 that provide technical assistance for wastewater 

14 management. 

15 (d) ALTERNATIVE WASTEWATER SYSTEM CERTIFI16 CATION.— 

17 (1) CLEAN WATER STATE REVOLVING FUNDS.— 

18 Section 603 of the Federal Water Pollution Control 

19 Act (33 U.S.C. 1383) (as amended by section 

20 5004(b)(1)) is amended by adding at the end the fol21 lowing: 

22 ‘‘(k) ALTERNATIVE WASTEWATER SYSTEM CERTIFI23 CATION.—In providing assistance from the water pollution 

24 control revolving fund of the State established in accordance 

25 with this title for a project for a wastewater system serving 


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1 a population of not more than 2,500, the State shall ensure 

2 that an entity receiving assistance from the water pollution 

3 control revolving fund of the State certifies that the entity 

4 has considered an individual or shared onsite, decentralized 

5 wastewater system as an alternative wastewater system.’’. 

6 (2) WIFIA.—Section 5028(a) of the Water Infra7 structure Finance and Innovation Act of 2014 (33 

8 U.S.C. 3907(a)) is amended by adding at the end the 

9 following: 

10 ‘‘(7) ALTERNATIVE WASTEWATER SYSTEM CER11 TIFICATION.—In the case of a project carried out by 

12 the Administrator, the Administrator shall ensure 

13 that, for a project for a wastewater system serving a 

14 population of not more than 2,500, the eligible entity 

15 receiving financial assistance certifies that the eligible 

16 entity has considered an individual or shared onsite, 

17 decentralized wastewater system as an alternative 

18 wastewater system.’’. 

19 (3) WATER AND WASTE DISPOSAL LOAN & GRANT

20 PROGRAM.—Section 306(a) of the Consolidated Farm 

21 and Rural Development Act (7 U.S.C. 1926(a)) is 

22 amended by adding at the end the following: 

23 ‘‘(27) ALTERNATIVE WASTEWATER SYSTEM CER24 TIFICATION.—The Secretary shall ensure that, for a 

25 wastewater project serving a population of not more 


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1 than 2,500, the recipient of the financial assistance 

2 certifies that the recipient has considered an indi3 vidual or shared onsite, decentralized wastewater sys4 tem as an alternative wastewater system.’’. 

5 (e) REPORT TO CONGRESS.—Not later than 1 year 

6 after the date of enactment of this Act, and not less fre7 quently than every 3 years thereafter, the Administrator 

8 shall submit to Congress a report that describes— 

9 (1) the amount of financial assistance provided 

10 by State water pollution control revolving funds es11 tablished under title VI of the Federal Water Pollu12 tion Control Act (33 U.S.C. 1381 et seq.) to deploy 

13 decentralized wastewater recycling technology; 

14 (2) the barriers impacting greater use of decen15 tralized wastewater recycling technologies; 

16 (3) the cost-saving potential to communities and 

17 future infrastructure investments from further deploy18 ment of decentralized wastewater recycling technology; 

19 (4) the environmental benefits to the community 

20 and groundwater quality from additional investments 

21 in decentralized wastewater recycling; and 

22 (5) the actions taken by the Administrator to as23 sist States in identifying eligible projects using decen24 tralized wastewater recycling technology. 


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1 SEC. 5010. WATER INFRASTRUCTURE AND WORKFORCE IN2 VESTMENT. 

3 (a) SENSE OF CONGRESS.—It is the sense of Congress 

4 that— 

5 (1) water and wastewater utilities provide a 

6 unique opportunity for access to stable, high-quality 

7 careers; 

8 (2) as water and wastewater utilities make crit9 ical investments in infrastructure, water and waste10 water utilities can invest in the development of local 

11 workers and local small businesses to strengthen com12 munities and ensure a strong pipeline of skilled and 

13 diverse workers for today and tomorrow; and 

14 (3) to further the goal of ensuring a strong pipe15 line of skilled and diverse workers in the water and 

16 wastewater utilities sector, Congress urges— 

17 (A) increased collaboration among Federal, 

18 State, and local governments; and 

19 (B) institutions of higher education, ap20 prentice programs, high schools, and other com21 munity-based organizations to align workforce 

22 training programs and community resources 

23 with water and wastewater utilities to accelerate 

24 career pipelines and provide access to workforce 

25 opportunities. 


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1 (b) DEFINITION OF INTRACTABLE WATER SYSTEM.— 

2 In this section, the term ‘‘intractable water system’’ means 

3 a community water system or a noncommunity water sys4 tem (as those terms are defined in section 1401 of the Safe 

5 Drinking Water Act (42 U.S.C. 300f)) that— 

6 (1) that serves fewer than 1,000 individuals; and 

7 (2) the owner or operator of which— 

8 (A) is unable or unwilling to provide safe 

9 and adequate service to those individuals; 

10 (B) has abandoned or effectively abandoned 

11 the community water system or noncommunity 

12 water system, as applicable; 

13 (C) has defaulted on a financial obligation 

14 relating to the community water system or non15 community water system, as applicable; 

16 (D) fails to maintain the facilities of the 

17 community water system or noncommunity 

18 water system, as applicable, in a manner so as 

19 to prevent a potential public health hazard; or 

20 (E) is in significant noncompliance with 

21 the Safe Drinking Water Act (42 U.S.C. 300f et 

22 seq.) or any regulation promulgated pursuant to 

23 that Act. 

24 (c) INNOVATIVE WATER INFRASTRUCTURE WORK25 FORCE DEVELOPMENT PROGRAM.— 


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1 (1) GRANTS AUTHORIZED.—The Administrator 

2 of the Environmental Protection Agency (referred to 

3 in this section as the ‘‘Administrator’’) and the Sec4 retary shall establish a competitive grant program to 

5 assist the development of innovative activities relating 

6 to workforce development in the water utility sector. 

7 (2) SELECTION OF GRANT RECIPIENTS.—In 

8 awarding grants under paragraph (1), the Adminis9 trator or the Secretary, as applicable, shall, to the 

10 maximum extent practicable, select— 

11 (A) water utilities that— 

12 (i) are geographically diverse; 

13 (ii) address the workforce and human 

14 resources needs of large and small public 

15 water and wastewater utilities; 

16 (iii) address the workforce and human 

17 resources needs of urban and rural public 

18 water and wastewater utilities; 

19 (iv) advance training relating to con20 struction, utility operations, treatment and 

21 distribution, green infrastructure, customer 

22 service, maintenance, and engineering; and 

23 (v)(I) have a high retiring workforce 

24 rate; or 


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1 (II) are located in areas with a high 

2 unemployment rate; or 

3 (B) intractable water systems. 

4 (3) USE OF FUNDS.—Grants awarded under 

5 paragraph (1) may be used for activities such as— 

6 (A) targeted internship, apprenticeship, 

7 preapprenticeship, and post-secondary bridge 

8 programs for mission-critical skilled trades, in 

9 collaboration with labor organizations, commu10 nity colleges, and other training and education 

11 institutions that provide— 

12 (i) on-the-job training; 

13 (ii) soft and hard skills development; 

14 (iii) test preparation for skilled trade 

15 apprenticeships; or 

16 (iv) other support services to facilitate 

17 post-secondary success; 

18 (B) kindergarten through 12th grade and 

19 young adult education programs that— 

20 (i) educate young people about the role 

21 of water and wastewater utilities in the 

22 communities of the young people; 

23 (ii) increase the career awareness and 

24 exposure of the young people to water util25 ity careers through various work-based 


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1 learning opportunities inside and outside 

2 the classroom; and 

3 (iii) connect young people to post-sec4 ondary career pathways related to water 

5 utilities; 

6 (C) regional industry and workforce devel7 opment collaborations to identify water utility 

8 employment needs, map existing career path9 ways, support the development of curricula, fa10 cilitate the sharing of resources, and coordinate 

11 candidate development, staff preparedness efforts, 

12 and activities that engage and support— 

13 (i) water utilities employers; 

14 (ii) educational and training institu15 tions; 

16 (iii) local community-based organiza17 tions; 

18 (iv) public workforce agencies; and 

19 (v) other related stakeholders; 

20 (D) integrated learning laboratories embed21 ded in high schools or other secondary edu22 cational institutions that provide students 

23 with— 

24 (i) hands-on, contextualized learning 

25 opportunities; 


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1 (ii) dual enrollment credit for post-sec2 ondary education and training programs; 

3 and 

4 (iii) direct connection to industry em5 ployers; and 

6 (E) leadership development, occupational 

7 training, mentoring, or cross-training programs 

8 that ensure that incumbent water and waste9 water utilities workers are prepared for higher10 level supervisory or management-level positions. 

11 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated to carry out this section 

13 $1,000,000 for each of fiscal years 2019 and 2020. 

14 SEC. 5011. SENSE OF CONGRESS RELATING TO STATE RE15 VOLVING FUNDS. 

16 It is the sense of Congress that Congress should provide 

17 robust funding of capitalization grants to States to fund 

18 drinking water treatment revolving loan funds established 

19 under section 1452 of the Safe Drinking Water Act (42 

20 U.S.C. 300j–12) and the State water pollution control re21 volving funds established under title VI of the Federal Water 

22 Pollution Control Act (33 U.S.C. 1381 et seq.). 


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1 SEC. 5012. GAO STUDY ON WIFIA PROJECTS IN SMALL COM2 MUNITIES, RURAL COMMUNITIES, DISADVAN3 TAGED COMMUNITIES, AND TRIBAL COMMU4 NITIES. 

5 Not later than 1 year after the date of enactment of 

6 this Act, the Comptroller General of the United States 

7 shall— 

8 (1) conduct a study on how to create flexibility 

9 under the Water Infrastructure Finance and Innova10 tion Act (33 U.S.C. 3901 et seq.) for small commu11 nities, rural communities, disadvantaged commu12 nities, and Tribal communities, including— 

13 (A) ways to improve access to assistance 

14 under that Act for those communities; and 

15 (B) how to lower the burden of applying for 

16 assistance under that Act for those communities; 

17 and 

18 (2) submit to Congress a report that describes the 

19 results of the study under paragraph (1). 

20 SEC. 5013. AMERICAN IRON AND STEEL PRODUCTS. 

21 Section 1452(a)(4)(A) of the Safe Drinking Water Act 

22 (42 U.S.C. 300j–12(a)(4)(A)) is amended by striking ‘‘Dur23 ing fiscal year 2017, funds’’ and inserting ‘‘Funds’’. 

24 SEC. 5014. SENSE OF CONGRESS RELATING TO ACCESS TO 

25 NONPOTABLE WATER. 

26 It is the sense of Congress that— 


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1 (1) access to nonpotable water sources for indus2 try can relieve the supply and demand challenges for 

3 potable water in water-stressed regions throughout the 

4 United States; and 

5 (2) water users are encouraged to continue im6 plementing and incentivizing nonpotable water reuse 

7 programs that will achieve greater water savings and 

8 conservation needs. 

9 SEC. 5015. INNOVATIVE FINANCING FOR STATE LOAN 

10 FUNDS. 

11 (a) IN GENERAL.—The Water Infrastructure Finance 

12 and Innovation Act of 2014 (33 U.S.C. 3901 et seq.) is 

13 amended by adding at the end the following: 

14 ‘‘SEC. 5036. INNOVATIVE FINANCING FOR STATE LOAN 

15 FUNDS. 

16 ‘‘(a) DEFINITION OF STATE LOAN FUNDS.—In this 

17 section, the term ‘State loan funds’ means— 

18 ‘‘(1) State drinking water treatment revolving 

19 loan funds established under section 1452 of the Safe 

20 Drinking Water Act (42 U.S.C. 300j–12); and 

21 ‘‘(2) State water pollution control revolving 

22 funds established under title VI of the Federal Water 

23 Pollution Control Act (33 U.S.C. 1381 et seq.). 

24 ‘‘(b) FINANCIAL ASSISTANCE TO STATE LOAN

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1 ance under this section to State infrastructure financing 

2 authorities for State loan funds to carry out water and 

3 wastewater infrastructure projects in accordance with this 

4 section. 

5 ‘‘(c) ELIGIBLE ACTIVITIES.— 

6 ‘‘(1) IN GENERAL.—The following activities may 

7 be carried out by a State infrastructure financing au8 thority with financial assistance made available 

9 under this section: 

10 ‘‘(A) One or more activities that are in11 cluded in the intended use plan under section 

12 606(c) of the Federal Water Pollution Control 

13 Act (33 U.S.C. 1386(c)). 

14 ‘‘(B) One or more activities that are in15 cluded in the project priority list of the intended 

16 use plan under section 1452(b) of the Safe 

17 Drinking Water Act (42 U.S.C. 300j–12(b)). 

18 ‘‘(2) ADMINISTRATIVE COSTS.—Financial assist19 ance provided under this section may be used to pay 

20 the reasonable costs of administration related to that 

21 financial assistance. 

22 ‘‘(3) APPLICATION FEES.—Section 5029(b)(7) 

23 shall not apply to financial assistance made available 

24 under this section. 


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1 ‘‘(4) TREATMENT OF PROJECTS.—In determining 

2 whether to provide financial assistance under this sec3 tion, the Administrator shall consider a project to be 

4 all of the activities included in an intended use plan 

5 described in subparagraph (A) or (B) of paragraph 

6 (1). 

7 ‘‘(5) STATE AND LOCAL DECISIONMAKING.—A 

8 State infrastructure financing authority that receives 

9 financial assistance under this section may use the 

10 assistance for any activity included in an intended 

11 use plan described in subparagraph (A) or (B) of 

12 paragraph (1). 

13 ‘‘(d) REQUIREMENTS.— 

14 ‘‘(1) IN GENERAL.—Except as otherwise provided 

15 in this section, the requirements and procedures 

16 under this subtitle shall apply to a project under this 

17 section. 

18 ‘‘(2) INTEREST RATE.— 

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 subparagraph (B), the interest rate on a secured 

21 loan provided under this section shall be equal to 

22 the yield on United States Treasury securities of 

23 a similar maturity to the maturity of the se24 cured loan on the date of execution of the loan 

25 agreement. 


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1 ‘‘(B) CERTAIN STATES.— 

2 ‘‘(i) IN GENERAL.—In the case of a 

3 State described in clause (ii)— 

4 ‘‘(I) the interest rate on a secured 

5 loan provided under this section shall 

6 be 80 percent of the interest rate under 

7 subparagraph (A); but 

8 ‘‘(II) if there is not sufficient de9 mand for loans under this subpara10 graph (as determined by the Adminis11 trator), the Administrator may provide 

12 a secured loan at an interest rate that 

13 is not less than 50 percent and not 

14 more than 80 percent of the interest 

15 rate under subparagraph (A), as deter16 mined by the Administrator with re17 spect to each loan. 

18 ‘‘(ii) STATES DESCRIBED.—A State re19 ferred to in clause (i) is a State— 

20 ‘‘(I) that received less than 2 per21 cent of the total amount of funds made 

22 available to States for the State loan 

23 funds for the most recent fiscal year for 

24 which data is available; or 


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1 ‘‘(II) for which the President has 

2 declared a major disaster in accord3 ance with section 401 of the Robert T. 

4 Stafford Disaster Relief and Emer5 gency Assistance Act (42 U.S.C. 5170) 

6 during the period beginning on Janu7 ary 1, 2017, and ending on the date of 

8 enactment of this section, if the secured 

9 loan is for a project related to waste10 water or drinking water infrastructure 

11 damaged by the major disaster. 

12 ‘‘(C) DISTRIBUTION OF LOANS.— 

13 ‘‘(i) IN GENERAL.—Except as provided 

14 in clause (ii), of the total amount of funds 

15 made available to provide secured loans 

16 under this section— 

17 ‘‘(I) 50 percent shall be provided 

18 for secured loans at the interest rate 

19 described in subparagraph (A); and 

20 ‘‘(II) 50 percent shall be provided 

21 for secured loans at the interest rate 

22 described in subparagraph (B)(i) to 

23 States described in subparagraph 

24 (B)(ii). 


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1 ‘‘(ii) REALLOCATION.—For any fiscal 

2 year, if amounts for loans described in ei3 ther of subclause (I) or (II) of clause (i) re4 main available, the Administrator may re5 allocate the amounts to be used for loans de6 scribed in either of subclause (I) or (II) of 

7 that clause, as applicable, to meet applicant 

8 demand. 

9 ‘‘(3) CERTAIN STATE REVIEWS.— 

10 ‘‘(A) IN GENERAL.—A project under this 

11 section shall comply with any applicable State 

12 environmental or engineering review require13 ments pursuant to, as applicable— 

14 ‘‘(i) title VI of the Federal Water Pol15 lution Control Act (33 U.S.C. 1381 et seq.); 

16 ‘‘(ii) section 1452 of the Safe Drinking 

17 Water Act (42 U.S.C. 300j–12); 

18 ‘‘(iii) section 35.3140 of title 40, Code 

19 of Federal Regulations (or successor regula20 tions); and 

21 ‘‘(iv) section 35.3580 of title 40, Code 

22 of Federal Regulations (or successor regula23 tions). 

24 ‘‘(B) NO NEW REVIEWS REQUIRED.—Noth25 ing in this section requires any additional or 


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1 new environmental or engineering review for a 

2 project under this section other than any require3 ment otherwise applicable to the project. 

4 ‘‘(4) FEDERAL SHARE.—Notwithstanding section 

5 5029(b)(9), financial assistance for a project under 

6 this section may be used to pay up to 100 percent of 

7 the costs of the project. 

8 ‘‘(5) LIMITATION ON LOANS UNDER MULTIPLE

9 PROGRAMS.— 

10 ‘‘(A) IN GENERAL.—A State infrastructure 

11 financing authority— 

12 ‘‘(i) may apply for financial assistance 

13 under both this section and under this sub14 title (other than this section); but 

15 ‘‘(ii) may accept financial assistance 

16 from only 1 program described in clause (i). 

17 ‘‘(B) WITHDRAWAL; TIMING.— 

18 ‘‘(i) WITHDRAWAL.—On a decision to 

19 accept financial assistance under this sec20 tion or under this subtitle (other than this 

21 section), a State infrastructure financing 

22 authority shall withdraw the application of 

23 the State infrastructure financing authority 

24 from the program that the State infrastruc25 ture financing authority does not select. 


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1 ‘‘(ii) TIMING.—A State infrastructure 

2 financing authority shall not be required to 

3 withdraw under clause (i) before decisions 

4 on the applications of the State infrastruc5 ture financing authority under this section 

6 and under this subtitle (other than this sec7 tion) have been made. 

8 ‘‘(e) EXPEDITED REVIEW OF APPLICATIONS.—Not 

9 later than 180 days after the date on which the Adminis10 trator receives a complete application for a project under 

11 this section, the Administrator shall, through a written no12 tice to the State infrastructure financing authority— 

13 ‘‘(1) approve the application; or 

14 ‘‘(2) provide detailed guidance and an expla15 nation of any changes to the application necessary for 

16 approval of the application. 

17 ‘‘(f) FUNDING.— 

18 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

19 ‘‘(A) IN GENERAL.—There is authorized to 

20 be appropriated to the Administrator to carry 

21 out this section $100,000,000 for each of fiscal 

22 years 2019 and 2020, to remain available until 

23 expended. 

24 ‘‘(B) SENSE OF CONGRESS.—It is the sense 

25 of Congress that the amounts authorized to be 


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1 appropriated to carry out this section will sup2 port, for each fiscal year— 

3 ‘‘(i) $5,000,000,000 in secured loans at 

4 the interest rate described in subsection 

5 (d)(2)(A); and 

6 ‘‘(ii) $425,000,000 in secured loans at 

7 the interest rate described in subsection 

8 (d)(2)(B)(i). 

9 ‘‘(2) ADMINISTRATIVE COSTS.— 

10 ‘‘(A) IN GENERAL.—Of the funds made 

11 available to carry out this section, the Adminis12 trator may use for the administration of this sec13 tion, including for the provision of technical as14 sistance to aid State infrastructure financing 

15 authorities in obtaining the necessary approvals 

16 for eligible activities, not more than $5,000,000 

17 for each of fiscal years 2019 and 2020. 

18 ‘‘(B) FEE WAIVERS.— 

19 ‘‘(i) IN GENERAL.—Of the funds made 

20 available to carry out this section, the Ad21 ministrator may use for costs related to 

22 processing and reviewing applications, in23 cluding underwriting, such amounts as are 

24 necessary for each of fiscal years 2019 and 

25 2020, to remain available until expended. 


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1 ‘‘(ii) OTHER FEES.—The funds under 

2 clause (i) shall be used in lieu of fees col3 lected under section 5030(b). 

4 ‘‘(3) NO IMPACT ON OTHER FEDERAL FUND5 ING.—No funds shall be made available to carry out 

6 this section if— 

7 ‘‘(A) the total amount made available for a 

8 fiscal year for the State loan funds is less than 

9 the total amount made available for those funds 

10 for fiscal year 2018; and 

11 ‘‘(B) the amount made available for a fiscal 

12 year for assistance under this subtitle (other 

13 than this section) is less than the amount made 

14 available for that assistance for fiscal year 2018. 

15 ‘‘(4) SUPPLEMENT, NOT SUPPLANT.—Amounts 

16 made available to carry out this section shall be used 

17 to supplement, and not supplant— 

18 ‘‘(A) funds made available to carry out this 

19 subtitle (other than this section); 

20 ‘‘(B) funds made available to carry out sec21 tion 1452 of the Safe Drinking Water Act (42 

22 U.S.C. 300j–12); and 

23 ‘‘(C) funds made available to carry out title 

24 VI of the Federal Water Pollution Control Act 

25 (33 U.S.C. 1381 et seq.). 


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1 ‘‘(g) DISTRIBUTION AND ALLOTMENT OF FUNDS.— 

2 ‘‘(1) DISTRIBUTION OF FUNDS.—In determining 

3 the distribution of amounts between the State loan 

4 funds, the Administrator shall— 

5 ‘‘(A) provide financial assistance based on 

6 need; and 

7 ‘‘(B) give equal consideration to drinking 

8 water projects and wastewater projects. 

9 ‘‘(2) ALLOTMENT.—Notwithstanding section 

10 5028(b), in providing financial assistance under this 

11 section, the Administrator shall— 

12 ‘‘(A) for each fiscal year, ensure that each 

13 State infrastructure financing authority that 

14 submits an application under this section for a 

15 project described in subparagraph (A) or (B) of 

16 subsection (c)(1) receives financial assistance 

17 under this section; but 

18 ‘‘(B) provide financial assistance under 

19 subparagraph (A) in amounts based on need, as 

20 determined by the Administrator. 

21 ‘‘(h) TRANSPARENCY.— 

22 ‘‘(1) IN GENERAL.—For each fiscal year, the Ad23 ministrator shall make available on the website of the 

24 Administrator— 


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1 ‘‘(A) a list of each application received 

2 under this section; 

3 ‘‘(B) a list of each application approved 

4 under this section; 

5 ‘‘(C) the criteria and methods used for selec6 tion of projects under this section; and 

7 ‘‘(D) the terms of the financial assistance 

8 provided for each project under this section. 

9 ‘‘(2) REPORT.—Not later than 180 days after the 

10 date on which the Administrator first provides finan11 cial assistance for a project under this section and 

12 each year thereafter, the Administrator shall submit 

13 to the Committee on Environment and Public Works 

14 of the Senate and the Committee on Transportation 

15 and Infrastructure of the House of Representatives a 

16 detailed report that includes— 

17 ‘‘(A) the information described in subpara18 graphs (A) through (D) of paragraph (1); and 

19 ‘‘(B) a detailed explanation of why each 

20 project was approved. 

21 ‘‘(i) SUNSET.—The authority to provide assistance 

22 under this section shall terminate on September 30, 2020.’’. 

23 (b) FUNDING.—Section 5033 of the Water Infrastruc24 ture Finance and Innovation Act of 2014 (33 U.S.C. 3912) 


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1 is amended by inserting ‘‘(other than section 5036)’’ after 

2 ‘‘this subtitle’’ each place it appears. 

3 (c) REMOVAL OF PILOT DESIGNATION.— 

4 (1) Subtitle C of title V of the Water Resources 

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

6 3901 et seq.) is amended by striking the subtitle des7 ignation and heading and inserting the following: 

8 ‘‘Subtitle C—Innovative Financing 

9 Projects’’. 

10 (2) Section 5023 of the Water Infrastructure Fi11 nance and Innovation Act of 2014 (33 U.S.C. 3902) 

12 is amended by striking ‘‘pilot’’ each place it appears. 

13 (3) Section 5034 of the Water Infrastructure Fi14 nance and Innovation Act of 2014 (33 U.S.C. 3913) 

15 is amended by striking the section designation and 

16 heading and inserting the following: 

17 ‘‘SEC. 5034. REPORTS ON PROGRAM IMPLEMENTATION.’’. 

18 (4) The table of contents for the Water Resources 

19 Reform and Development Act of 2014 (Public Law 

20 113–121; 128 Stat. 1195) is amended— 

21 (A) by striking the item relating to subtitle 

22 C of title V and inserting the following: 

‘‘Subtitle C—Innovative Financing Projects’’; 

23 (B) by striking the item relating to section 

24 5034 and inserting the following: 

‘‘Sec. 5034. Reports on program implementation.’’; 


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1 and 

2 (C) by inserting after the item relating to 

3 section 5035 the following: 

‘‘Sec. 5036. Innovative financing for State loan funds.’’. 

4 SEC. 5016. WATER INFRASTRUCTURE RESILIENCY AND SUS5 TAINABILITY. 

6 (a) DEFINITIONS.—In this section: 

7 (1) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of the Environ9 mental Protection Agency. 

10 (2) HYDROLOGIC CONDITIONS.—The term ‘‘hy11 drologic conditions’’ means the quality, quantity, or 

12 reliability of the water resources of a region of the 

13 United States. 

14 (3) OWNER OR OPERATOR OF A WATER SYS15 TEM.— 

16 (A) IN GENERAL.—The term ‘‘owner or op17 erator of a water system’’ means an entity (in18 cluding a regional, State, interstate, Tribal, 

19 local, municipal, intermunicipal, or private en20 tity) that owns or operates a water system. 

21 (B) INCLUSION.—The term ‘‘owner or oper22 ator of a water system’’ includes— 

23 (i) a non-Federal entity that has oper24 ational responsibilities for a federally, trib25 ally, or State-owned water system; and 


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1 (ii) an entity established by an agree2 ment between— 

3 (I) an entity that owns or oper4 ates a water system; and 

5 (II) at least 1 other entity. 

6 (4) WATER SYSTEM.—The term ‘‘water system’’ 

7 means— 

8 (A) a community water system (as defined 

9 in section 1401 of the Safe Drinking Water Act 

10 (42 U.S.C. 300f)); 

11 (B) a treatment works (as defined in section 

12 212 of the Federal Water Pollution Control Act 

13 (33 U.S.C. 1292)), including a municipal sepa14 rate storm sewer system (as the term is used in 

15 the Federal Water Pollution Control Act (33 

16 U.S.C. 1251 et seq.)); 

17 (C) a decentralized wastewater treatment 

18 system for domestic sewage; 

19 (D) a groundwater storage and replenish20 ment system; 

21 (E) a system for the conservation of water 

22 or for the transport and delivery of water for ir23 rigation; or 

24 (F) a natural or engineered system that 

25 manages floodwaters. 


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1 (b) ESTABLISHMENT.—The Administrator shall estab2 lish and carry out a program, to be known as the ‘‘Water 

3 Infrastructure Resiliency and Sustainability Program’’, 

4 under which the Administrator shall award grants in each 

5 of fiscal years 2019 and 2020 to owners or operators of 

6 water systems for the purpose of increasing the resiliency 

7 or adaptability of the systems to any ongoing or forecasted 

8 changes (based on the best available research and data) to 

9 the hydrologic conditions of a region of the United States. 

10 (c) USE OF FUNDS.—An owner or operator of a water 

11 system may only use grant funds received under a grant 

12 under this section to assist in the planning, design, con13 struction, implementation, operation, or maintenance of a 

14 program or project that meets the purpose described in sub15 section (b) through— 

16 (1) the conservation of water or the enhancement 

17 of water use efficiency, including through the use of 

18 water metering and electronic sensing and control 

19 systems to measure the effectiveness of a water effi20 ciency program; 

21 (2) the modification or relocation of existing 

22 water system infrastructure made or projected to be 

23 significantly impaired by changing hydrologic condi24 tions; 


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1 (3) the preservation or improvement of water 

2 quality, including through measures to manage, re3 duce, treat, or reuse municipal stormwater, waste4 water, or drinking water; 

5 (4) the investigation, design, or construction of 

6 groundwater remediation, recycled water, or desalina7 tion facilities or systems to serve existing commu8 nities; 

9 (5) the enhancement of water management by in10 creasing watershed preservation and protection, in11 cluding through the use of natural or engineered green 

12 infrastructure in the management, conveyance, or 

13 treatment of water, wastewater, or stormwater; 

14 (6) the enhancement of energy efficiency or the 

15 use and generation of renewable energy in the man16 agement, conveyance, or treatment of water, waste17 water, or stormwater; 

18 (7) the adoption and use of advanced water 

19 treatment, water supply management (such as res20 ervoir reoperation and water banking), or water de21 mand management technologies, projects, or processes 

22 (such as water reuse and recycling, adaptive con23 servation pricing, and groundwater banking) that 

24 maintain or increase water supply or improve water 

25 quality; 


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1 (8) the modification or replacement of existing 

2 systems or the construction of new systems for exist3 ing communities or land currently in agricultural 

4 production to improve water supply, reliability, stor5 age, or conveyance; 

6 (9) practices and projects, such as improved irri7 gation systems, water banking and other forms of 

8 water transactions, groundwater recharge, stormwater 

9 capture, groundwater conjunctive use, and reuse or 

10 recycling of drainage water, to improve water quality 

11 or promote more efficient water use on land currently 

12 in agricultural production; 

13 (10) the reduction of flood damage, risk, and vul14 nerability through— 

15 (A) the restoration of floodplains, wetlands, 

16 and uplands integral to flood management, pro17 tection, prevention, and response; 

18 (B) the modification of levees, floodwalls, 

19 and other structures to reduce risks associated 

20 with rising sea levels or to facilitate reconnection 

21 of rivers to floodplains, reduce flood stage height, 

22 and reduce damage to properties and popu23 lations; 

24 (C) providing for the acquisition and ease25 ment of flood-prone lands and properties in 


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1 order to reduce damage to property and risk to 

2 populations; or 

3 (D) the promotion of land use planning 

4 that prevents future floodplain development; 

5 (11) carrying out studies or assessments to 

6 project how changing hydrologic conditions may im7 pact the future operations and sustainability of water 

8 systems; or 

9 (12) the development and implementation of 

10 measures to increase the resilience of water systems 

11 and regional and hydrological basins to rapid hydro12 logic change or a natural disaster. 

13 (d) APPLICATION.—To seek a grant under this section, 

14 the owner or operator of a water system shall submit to 

15 the Administrator an application that— 

16 (1) includes a proposal of the program or project 

17 to be planned, designed, constructed, implemented, op18 erated, or maintained by the water system; 

19 (2) cites the best available research or data that 

20 demonstrate— 

21 (A) the risk to the water resources or infra22 structure of the water system as a result of ongo23 ing or forecasted changes to the hydrological sys24 tem of a region, including rising sea levels and 

25 changes in precipitation patterns; and 


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1 (B) how the proposed program or project 

2 would perform under the anticipated hydrologic 

3 conditions; and 

4 (3) explains how the proposed program or project 

5 is expected— 

6 (A) to enhance the resiliency of the water 

7 system to the anticipated hydrologic conditions; 

8 or 

9 (B) to increase efficiency in the use of en10 ergy or water of the water system. 

11 (e) PUBLIC SPONSORSHIP OF PRIVATE ENTITIES.— 

12 (1) IN GENERAL.—If an applicant for a grant 

13 under this section is not a State or local government, 

14 an agency or instrumentality of a State or local gov15 ernment, or a Tribal government or consortium of 

16 Tribal governments, the program or project to be 

17 planned, designed, constructed, implemented, oper18 ated, or maintained through the grant shall be pub19 licly sponsored. 

20 (2) PUBLIC SPONSORSHIP.—A program or 

21 project shall be considered to be publicly sponsored 

22 under paragraph (1) if the applicant demonstrates, to 

23 the satisfaction of the Administrator, that— 

24 (A) the applicant has consulted with the af25 fected State, local, or Tribal government in 


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1 which the program or project is located, or that 

2 is otherwise affected by the program or project; 

3 and 

4 (B) the government described in subpara5 graph (A) supports the program or project. 

6 (f) PRIORITY; DIVERSITY OF PROJECT TYPES.—In se7 lecting recipients of a grant under this section, the Admin8 istrator shall— 

9 (1) give priority to owners or operators of water 

10 systems— 

11 (A) that are, based on the best available re12 search and data, at the greatest and most imme13 diate risk of facing significant negative impacts 

14 due to changing hydrologic conditions; and 

15 (B) whose proposed projects would most ef16 fectively deliver long-term solutions to those 

17 risks; and 

18 (2) ensure that grants are awarded each fiscal 

19 year for a diverse range of programs and projects de20 scribed in paragraphs (1) through (12) of subsection 

21 (c). 

22 (g) COST-SHARING.— 

23 (1) FEDERAL SHARE.—The Federal share of the 

24 cost of a program or project carried out using a grant 


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1 made under subsection (b) shall be not more than 75 

2 percent. 

3 (2) CALCULATION OF NON-FEDERAL SHARE.—In 

4 calculating the non-Federal share of the cost of a pro5 gram or project under paragraph (1), the Adminis6 trator shall— 

7 (A) include the value of any in-kind services 

8 that are integral to the completion of the pro9 gram or project, including reasonable adminis10 trative and overhead costs; and 

11 (B) not include any other amount that the 

12 water system involved receives from the Federal 

13 Government. 

14 (h) REPORT TO CONGRESS.—Not later than 3 years 

15 after the date of enactment of this Act, the Administrator 

16 shall submit to Congress a report on progress in carrying 

17 out this section, including information on project applica18 tions received and funded annually. 

19 (i) AUTHORIZATION OF APPROPRIATIONS.—There are 

20 authorized to be appropriated to carry out this section 

21 $12,500,000 for each of fiscal years 2019 and 2020. 

22 SEC. 5017. REGIONAL LIAISONS FOR MINORITY, TRIBAL, 

23 AND LOW-INCOME COMMUNITIES. 

24 (a) IN GENERAL.—The Administrator of the Environ25 mental Protection Agency (referred to in this section as the 


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1 ‘‘Administrator’’) shall appoint not fewer than 1 employee 

2 in each regional office of the Environmental Protection 

3 Agency to serve as a liaison to minority, Tribal, and low4 income communities in the relevant region. 

5 (b) PUBLIC IDENTIFICATION.—The Administrator 

6 shall identify each regional liaison appointed under sub7 section (a) on the internet website of— 

8 (1) the relevant regional office of the Environ9 mental Protection Agency; and 

10 (2) the Office of Environmental Justice of the 

11 Environmental Protection Agency. 


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Calendar No. 425 

115TH CONGRESS 

2D SESSION S. 2800 

A BILL 

To provide for the conservation and development of 

United States, and for other purposes. for improvements to rivers and harbors of the retary of the Army to construct various projects water and related resources, to authorize the SecMAY 22, 2018 

Reported with an amendment 


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