America's Water Infrastructure Act of 2018

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. Short title; table of contents (a) Short title This Act may be cited as the America's Water Infrastructure Act of 2018 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I—General provisions Sec. 1001. Corps budgeting. Sec. 1002. National Academy studies. Sec. 1003. GAO study on benefit-cost analysis reforms. Sec. 1004. Transparency and accountability in cost-sharing for water resources projects. Sec. 1005. Non-Federal sponsor reimbursements. Sec. 1006. Challenge cost-sharing program for the management of recreation facilities. Sec. 1007. Cost estimates. Sec. 1008. Retroactive changes to cost-sharing agreements. Sec. 1009. Project partnership agreements. Sec. 1010. Study and report on expediting certain waiver processes. Sec. 1011. Feasibility studies for mitigation of storm damage. Sec. 1012. Extended community assistance by the Corps of Engineers. Sec. 1013. Advanced funds for water resources development studies and projects. Sec. 1014. Implementation guidance. Sec. 1015. Implementation guidance for this Act. Sec. 1016. Easements for certain rural electric, telephone, and broadband service facilities. Sec. 1017. Corps capabilities. Sec. 1018. Project authorization funding lines. Sec. 1019. Consolidation of studies; report. Sec. 1020. Non-Federal study and construction of projects. Sec. 1021. Reports to Congress. Sec. 1022. Disposition studies. Sec. 1023. Natural infrastructure. Sec. 1024. Watercraft inspection stations. Sec. 1025. Reauthorization of non-Federal implementation pilot program. Sec. 1026. Project studies subject to independent peer review. Sec. 1027. Expedited consideration. Sec. 1028. WIFIA study. Sec. 1029. Enhanced development demonstration program. Sec. 1030. Duplication of efforts. Sec. 1031. Corps of Engineers Board of Appeals for certain water storage projects. Sec. 1032. Sense of Congress relating to local role in Corps projects. Sec. 1033. Sense of Congress relating to study of water resources development projects by non-Federal interests. Sec. 1034. Sense of Congress relating to project partnership agreements. Sec. 1035. Sense of Congress relating to encouraging resilient techniques and habitat connectivity in ecosystem restoration. Sec. 1036. Alterations to local flood control projects. TITLE II—Studies, modifications, and project authorizations Subtitle A—Studies Sec. 2001. Authorization of proposed feasibility studies. Sec. 2002. Lower Missouri River Bank stabilization and navigation. Subtitle B—Deauthorizations, modifications, and related provisions Sec. 2101. Savannah Harbor expansion project. Sec. 2102. Deauthorization of Svensen Island. Sec. 2103. Whittier Narrows study. Sec. 2104. West Tennessee tributaries project, Tennessee. Sec. 2105. Bridgeport Harbor-Pequonnock River navigation project, Connecticut. Sec. 2106. Levees L–212 and L–231, Four River Basin, Ocklawaha River, Florida. Sec. 2107. Corps of Engineers bridge repair and divestiture program for New England evacuation routes. Sec. 2108. Boston Harbor reserved channel deauthorizations. Sec. 2109. Project deauthorization and study extensions. Sec. 2110. Deauthorization of inactive studies. Subtitle C—Water resources infrastructure Sec. 2201. Project authorizations. Sec. 2202. McMicken Dam, Arizona, and Muddy River, Massachusetts. Sec. 2203. Environmental infrastructure projects. Sec. 2204. Conditional reauthorization of environmental projects. Sec. 2205. Sense of Congress relating to West Haven, Connecticut. Sec. 2206. Sense of Congress relating to Coastal Texas study. Subtitle D—Expedited and modified studies and projects Sec. 2301. Rahway River Basin flood risk management project. Sec. 2302. Hudson-Raritan Estuary Comprehensive Restoration Project. Sec. 2303. Certain projects in Rhode Island. Sec. 2304. Cedar River, Iowa. Sec. 2305. Plymouth Harbor, Massachusetts. Sec. 2306. Brandon Road study. Sec. 2307. Central Everglades Planning Project. Sec. 2308. Portsmouth Harbor and Piscataqua River. Sec. 2309. Blain Road footbridge, Thompson, Connecticut. Sec. 2310. Table Rock Lake, Arkansas and Missouri. Sec. 2311. McCook Reservoir, Illinois. Sec. 2312. Baptiste Collette Bayou study, Louisiana. Sec. 2313. Morganza to the Gulf, Louisiana. Sec. 2314. Louisiana Coastal Area. Sec. 2315. Louisiana Coastal Area–Barataria Basin Barrier. Sec. 2316. West Shore Lake Pontchartrain, Louisiana. Sec. 2317. Southwest Coastal Louisiana. Sec. 2318. New York–New Jersey Harbor and Tributaries feasibility study. Sec. 2319. Lower Brule shoreline stabilization project. Sec. 2320. Hampton Harbor, New Hampshire, navigation improvement project. Sec. 2321. New Jersey and Delaware Back Bays Coastal Storm Risk Management. Sec. 2322. Minnesota locks and dams divestment study. TITLE III—Primary Corps of Engineers activities Subtitle A—Continuing authorities programs Sec. 3001. Corps of Engineers continuing authorities program. Sec. 3002. Sense of Congress relating to continuing authorities program. Sec. 3003. Report relating to availability of prioritized CAP projects. Subtitle B—Navigation PART I—Inland waterways Sec. 3101. GAO study on navigation and ecosystem sustainability program. PART II—Ports and harbors Sec. 3111. Authorization of appropriations for purchase of hopper dredge. Sec. 3112. Authorization of appropriations for purchase of mat sinking unit. Sec. 3113. Hopper dredge and mat sinking unit. Sec. 3114. Sense of Congress relating to Kennebec River Federal navigation channel. Sec. 3115. Sense of Congress relating to Wilmington Harbor dredging. Sec. 3116. Port of Arlington. Sec. 3117. Pearl River Basin demonstration program. Sec. 3118. Expedited initiation. PART III—Miscellaneous provisions Sec. 3121. Report on debris removal. Sec. 3122. Cape Arundel Disposal Site, Maine. Sec. 3123. Delaware River navigation project. Sec. 3124. Sense of Congress relating to erosion on the banks of the Ohio River near Clarksville, Indiana. Subtitle C—Locks, dams, levees, and dikes Sec. 3201. Certain levee improvements. Sec. 3202. Rehabilitation of Corps of Engineers constructed dams. Sec. 3203. Non-Federal dams. Sec. 3204. Reauthorization of National Dam Safety Program Act. Sec. 3205. Sense of Congress relating to implementation guidance for dam safety repair projects. Sec. 3206. Reauthorization of national levee safety program. Sec. 3207. Reauthorization of lock operations pilot program. Sec. 3208. Restricted areas at Corps of Engineers dams. Sec. 3209. Certain Bureau of Reclamation dikes. Sec. 3210. Rehabilitation of high-hazard potential dams. Sec. 3211. Maintenance of high risk flood control projects. Subtitle D—Water supply Sec. 3301. Authority to make entire active capacity of Fontenelle Reservoir available for use. Sec. 3302. Pricing of water storage contracts. Sec. 3303. Report on water supply contract, Wright Patman Lake, Texas. Sec. 3304. Sense of Congress relating to Wright Patman Lake, Sulphur River Basin, Texas. Sec. 3305. City reservoir expansion pilot program. Sec. 3306. Sense of Congress relating to water-related infrastructure in Idaho, Montana, rural Nevada, New Mexico, rural Utah, and Wyoming. Subtitle E—Sediment management 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 Caño Martín Peña ecosystem restoration project. Subtitle I—Tribal programs Sec. 3801. Inflation adjustment of cost-sharing provisions for territories and Indian Tribes. Sec. 3802. Tribal Partnership Program. Sec. 3803. Blackfeet water rights settlement. Sec. 3804. Bonneville Dam, Oregon. Sec. 3805. John Day Dam, Oregon. Sec. 3806. Dalles Dam, Oregon. Sec. 3807. Indian irrigation fund reauthorization. Sec. 3808. Reauthorization of repair, replacement, and maintenance of certain Indian irrigation projects. Sec. 3809. Indian dam safety reauthorization. Sec. 3810. GAO report on Alaska Native village relocation efforts due to flooding and erosion threats. TITLE IV—Sense of Congress relating to certain projects Sec. 4001. Sense of Congress relating to certain projects. TITLE V—EPA-related provisions 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. 2. Definition of Secretary In this Act, the term Secretary I General provisions 1001. Corps budgeting (a) Purposes The purposes of this section are— (1) to require the Corps of Engineers to provide a budget on a 5-year basis, allowing for— (A) districts of the Corps of Engineers to manage projects and initiatives of regional, Tribal, and local significance; and (B) the headquarters office of the Corps of Engineers to manage projects and initiatives of national significance; (2) to require the Secretary to allocate a budget for each district of the Corps of Engineers and to give responsibility to those districts to develop and implement the district 5-year budget and work plan; and (3) to increase local and non-Federal partner and stakeholder input in the process to improve budgeting of activities by the Secretary. (b) Definitions In this section: (1) Assistant Secretary The term Assistant Secretary (2) COM accounts (A) In general The term COM accounts (i) the Civil Works Program Construction appropriations account of the Secretary; and (ii) the Civil Works Program Operation and Maintenance appropriations account of the Secretary. (B) Inclusion The term COM accounts (i) construction; or (ii) operations and maintenance. (3) Cost-share partner The term cost-share partner (A) to participate in project plan development; or (B) to provide funds or in-kind support for plan development or project implementation. (4) District 5-year budget and work plan The term district 5-year budget and work plan (A) includes— (i) the district work plan for the fiscal year; and (ii) the district budget proposal for the 4-year period following the fiscal year to fund increments of work within the jurisdiction of the district; (B) is based on— (i) an allocation provided for a fiscal year; and (ii) estimates based on the allocation under clause (i), assuming an annual growth rate of 2 percent; and (C) contains— (i) a list of projects and initiatives of regional, Tribal, or local significance to be carried out through the COM account; (ii) a list of studies that the District Engineer determines would potentially provide value to the United States to be carried out through the Investigations account; and (iii) a list of projects and initiatives of national significance to be carried out through the COM accounts, if the project or initiative is selected to be carried out. (5) Government agencies The term government agencies (A) flood damage reduction and risk management; (B) reliable water supply; and (C) other business lines. (6) Headquarters 5-year budget and work plan The term headquarters 5-year budget and work plan (A) includes— (i) the Corps of Engineers work plan for the fiscal year; and (ii) the Corps of Engineers budget proposal for the 4-year period following the fiscal year to fund increments of work to be carried out that is considered to be of regional, Tribal, or local significance; and (B) is based on— (i) an amount provided for the fiscal year through an appropriations Act; and (ii) estimates based on the amount under clause (i), assuming an annual growth rate of 2 percent. (7) Integrated water resource management The term integrated water resource management (A) focuses on water resources challenges and opportunities; and (B) promotes collaboration with cost-share partners, relevant government agencies, and stakeholders for coordinated development and active management of water and related resources— (i) to align authorities and funding; (ii) to provide opportunities for information sharing; and (iii) to support complementary and integrated solutions to problems across Federal and non-Federal boundaries to deliver value to the United States based on regional, Tribal, or local benefits. (8) Investigations account (A) In general The term Investigations account (B) Inclusion The term Investigations account (9) Project The term project (10) Project or initiative of national significance The term project or initiative of national significance (A) provides value to the United States; and (B) satisfies the economic analysis or assumption and other legal and policy requirements, including the benefit-cost ratio, for potential inclusion in the budget transmitted under section 1105(a) of title 31, United States Code. (11) Project or initiative of regional, Tribal, or local significance The term project or initiative of regional, Tribal, or local significance (A) provides value to the United States; but (B) does not satisfy the requirements to be considered a project or initiative of national significance. (12) Value to the United States The term value to the United States (A) the enhancement or stabilization of the regional, Tribal, or local economy; (B) the restoration or protection of the regional, Tribal, or local environment; or (C) the provision of health, safety, and general welfare to maintain or improve the quality of life of the people of the United States. (13) Work plan process The term work plan process (A) navigation; (B) flood risk management; and (C) other authorized project purposes. (c) Budget recommendations by Secretary (1) In general Not less frequently than once each fiscal year, the Secretary shall make recommendations to Congress on the date that the budget is transmitted under section 1105(a) of title 31, United States Code, for the allocation and appropriation of amounts for that fiscal year in each of the major business lines for the Investigations account and the COM accounts for allocation to each district of the Corps of Engineers, for use by— (A) the District Engineer; and (B) the civilian Deputy District Engineer for Programs and Project Management. (2) Effect of subsection Except as specifically provided in this subsection, nothing in this subsection affects any other appropriations account of the Secretary, including— (A) the Regulatory appropriations account; (B) the Ecosystem Restoration appropriations account; (C) the Expenses appropriations account; (D) the Formerly Utilized Sites Remedial Action Program appropriations account; (E) the Flood Control and Coastal Emergencies appropriations account; (F) the Office of the Assistant Secretary of the Army for Civil Works appropriations account; (G) the revolving fund established by section 101 of the Civil Functions Appropriations Act, 1954 ( 33 U.S.C. 576 (H) the automation development program pursuant to House Report 103–135, accompanying the Energy and Water Development Appropriations Act, 1996 ( Public Law 104–46 (d) Headquarters 5-Year budget and work plan Not less frequently than once each fiscal year, on the date that the budget is transmitted under section 1105(a) of title 31, United States Code, the Secretary shall submit to Congress the headquarters 5-year budget and work plan. (e) District 5-Year budget and work plan (1) In general Not less frequently than once each fiscal year, on the date that the budget is transmitted under section 1105(a) of title 31, United States Code, each District Engineer and civilian Deputy District Engineer for Programs and Project Management shall submit to Congress a district 5-year budget and work plan. (2) Inclusion A district 5-year budget and work plan under paragraph (1)— (A) may include any project under the jurisdiction of the applicable District Engineer that is not included in the budget transmitted under section 1105(a) of title 31, United States Code; and (B) shall prioritize the projects based on the value to the United States of each project. (3) Leadership input The headquarters office and Major Subordinate Command of the Corps of Engineers shall provide appropriate quality assurance guidance in the preparation of each district 5-year budget and work plan. (f) Public participation The Secretary shall issue guidance that requires that for the development of, or any proposed major substantive modification to, a district 5-year budget and work plan, each District Engineer for each district shall, not less frequently than annually— (1) provide to cost-share partners, government agencies, and stakeholders— (A) notice and an opportunity for comment for a period of not less than 30 days to submit to the Secretary or to the District Engineer comments, including through written submission of data, opinions, or arguments, with or without an opportunity for oral presentation; (B) written responses to comments received under subparagraph (A); and (C) a process through which cost-share partners, government agencies, and stakeholders may appeal decisions of the District Engineer regarding the contents of the district 5-year budget and work plan under subsection (e)(1) to the Major Subordinate Command with jurisdiction over the District; (2) publish the comments received under paragraph (1)(A) on the internet website of the Corps of Engineers; (3) hold a public meeting to discuss each district 5-year budget and work plan; (4) provide to government agencies the opportunity to consult and collaborate with each district and obtain feedback to incorporate into risk assessments; and (5) provide to cost-share partners the opportunity to collaborate— (A) to support information sharing; (B) to the maximum extent practicable, to share in concept development and decision-making to achieve complementary or integrated solutions to problems; and (C) to obtain feedback to incorporate into risk assessments. (g) Criteria for the headquarters and district 5-Year budget and work plans (1) Integrated water resource management In developing a headquarters 5-year budget and work plan or district 5-year budget and work plan, the Secretary or the District Engineer, as applicable, shall ensure that applicable projects are or will be carried out in a sustainable manner that— (A) is holistic and mission-integrated; (B) focuses on water resource challenges and opportunities; (C) promotes collaboration with stakeholders, government agencies, and cost-share partners for coordinated development and active management of water and related resources; (D) maximizes the benefits resulting from Corps of Engineers investment; (E) aligns Corps of Engineers, government agencies, and cost-share partners authorities and funding to gain efficiencies and maximize return on investment; and (F) pursues integrated water resource management. (2) System and watershed evaluation and prioritization The Secretary shall issue guidance to ensure, in the development of a headquarters 5-year budget and work plan or district 5-year budget and work plan— (A) the use of modeling and data to evaluate the performance of project assets on a system or watershed basis in yielding system-wide or watershed-wide benefits; and (B) the prioritization of activities and management of infrastructure within each relevant system or watershed. (3) Lifecycle portfolio management In making a determination relating to investment at any stage of a project, the Secretary shall issue guidance to ensure that the principles of lifecycle portfolio management are applied in the development of headquarters 5-year budget and work plans and district 5-year budget and work plans, including by— (A) managing the entire lifecycle of the project, within a system or watershed context, using data and objective criteria as the basis for risk-informed investment decision-making to provide— (i) the desired outcomes of the project; and (ii) value to the United States; and (B) managing the regional and national portfolios of projects to make cost-effective and sequenced investment decisions. (4) Federal considerations In developing and comparing project alternatives or making any other determination for purposes of a headquarters 5-year budget and work plan or district 5-year budget and work plan, the Secretary shall issue guidance to ensure that each plan includes an evaluation of the projected effects of each project or initiative of national significance or project or initiative of regional, Tribal, or local significance, or project alternative, if applicable, on— (A) the nonmonetary physical, chemical, and biological conditions of water and related land resources in the United States, at the system or watershed scale; (B) the economic value of— (i) water and related land resources in the United States; and (ii) the national output of goods and services produced using those resources; (C) the reduction of, and remaining, risks to human life and safety, as measured— (i) taking into consideration applicable flood and coastal storm damage reduction plans, and any other relevant plans; and (ii) using— (I) nonmonetary units; or (II) qualitative descriptions; (D) significant cultural, aesthetic, and subwatershed-scale ecological resources, as measured using— (i) nonmonetary units; or (ii) qualitative descriptions; and (E) the effects described in subparagraphs (A) through (D) with respect to— (i) low-income communities; (ii) rural communities; and (iii) Tribal and other minority communities. (5) Business line considerations The Secretary shall issue guidance to ensure that headquarters 5-year budget and work plans and district 5-year budget and work plans analyze the accomplishments, projected challenges, and business programs funding and performance of each project or initiative of national significance and project or initiative of regional, Tribal, or local significance, taking into consideration any relevant business lines of the project or initiative. (h) Effect on existing process The budget planning processes required under subsections (d) and (e) for each fiscal year shall supplant the work plan process with respect to the applicable accounts— (1) to increase transparency regarding planned expenditures of the Corps of Engineers during the 4-year period following that fiscal year; (2) to maximize the return on Federal investment; and (3) to ensure that the infrastructure of the Corps of Engineers protects laborers and employees, private investment, and production in the United States. 1002. National Academy studies As soon as practicable after the date of enactment of this Act, the Secretary shall enter into an agreement with the National Academy of Sciences under which the National Academy shall conduct studies regarding— (1) the means by which the Corps of Engineers can increase transparency in cooperating with— (A) Congress; (B) State and local units of government; (C) local stakeholders; and (D) other cost-share partners, government agencies, and stakeholders; (2) whether Congress should use a system-wide, rather than project-based, authorization process for water resources development projects; and (3) whether the structure and organization of the Corps of Engineers, as in effect on the date of enactment of this Act— (A) is the most effective structure and organization for continued operation; or (B) should be modified to increase— (i) efficiency; (ii) coordination; (iii) transparency; or (iv) cost savings. 1003. GAO study on benefit-cost analysis reforms Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall— (1) conduct a study on the benefit-cost procedures of the Secretary and the Director of the Office of Management and Budget (referred to in this section as the Director (A) an examination of the benefits and costs that the Secretary and the Director do and do not include in the benefit-cost calculation, including, at a minimum, local and regional economic benefits; and (B) a review of the calculation (or lack of a calculation) of navigation benefits used in a calculation for a non-commercial harbor that is used by a State maritime academy (as defined in section 51102 of title 46, United States Code) for military training purposes; and (2) submit to Congress a report that— (A) describes the results of the study under paragraph (1); and (B) includes recommendations for legislative or regulatory changes to improve the benefit-cost analysis procedures of the Secretary and the Director. 1004. Transparency and accountability in cost-sharing for water resources projects (a) Definition of balance sheet In this section, the term balance sheet (1) the funds contributed by each Federal and non-Federal interest for a project; and (2) the status of those funds. (b) Establishment of balance sheet Each district of the Corps of Engineers shall— (1) maintain a balance sheet for each project carried out by the Secretary for which a non-Federal cost-share is required; and (2) on request of a non-Federal interest that contributed funds for the project, provide to the non-Federal interest a copy of the balance sheet. (c) Under-Budget projects In the case of a project carried out by the Secretary for which the project is completed at a cost less than the estimated cost, the Secretary shall transfer the excess funds back to the non-Federal interest, in accordance with the cost-share requirement applicable to the project. (d) Excess funds (1) In general In the case of a completed project carried out by the Secretary for which funds in excess of the funds needed to complete the project have been contributed by a non-Federal interest, the Secretary shall transfer the excess funds to a separate account of the Secretary, in which the funds shall remain available until the non-Federal interest uses the funds in accordance with paragraph (2). (2) Use in future projects or operation and maintenance costs The non-Federal interest may use funds in the account for the non-Federal interest under paragraph (1)— (A) to pay the cost-share for other projects carried out by the Secretary for which a non-Federal cost-share is required; and (B) to pay the costs of operation and maintenance of a project of the non-Federal interest for which a non-Federal cost-share is required. 1005. Non-Federal sponsor reimbursements (a) Definition of unreimbursed funds In this section, the term unreimbursed funds (b) Application of unreimbursed funds In the case of a project carried out by the Secretary under an existing agreement for which the non-Federal sponsor has unreimbursed funds, on the request of the non-Federal sponsor, the Secretary shall— (1) credit the unreimbursed funds to the non-Federal cost-share requirement of that non-Federal sponsor for another project to be carried out by the Secretary; or (2) reimburse the funds to the non-Federal sponsor. 1006. Challenge cost-sharing program for the management of recreation facilities Section 225(c) of the Water Resources Development Act of 1992 ( 33 U.S.C. 2328(c) (1) by striking non-Federal public entity non-Federal public or private entity (2) by adding at the end the following: (4) Treatment In carrying out this subsection, the Secretary shall ensure that a private entity is subject to the same regulations and requirements as a non-Federal public entity. . 1007. Cost estimates Section 2008(c) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2340(c) before, on, or after on or after 1008. Retroactive changes to cost-sharing agreements Study costs incurred before the date of execution of a feasibility cost-sharing agreement for a project to be carried out under section 206 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330 (1) the study was initiated before October 1, 2006; and (2) the feasibility cost-sharing agreement was not executed before January 1, 2014. 1009. Project partnership agreements (a) Definition of project partnership agreement In this section, the term project partnership agreement (1) the project; and (2) the responsibilities of each of the Secretary and the non-Federal sponsor with respect to cost-sharing, execution of work, and other aspects of the project. (b) Improved cost description In any project partnership agreement entered into after the date of enactment of this Act, the Secretary shall ensure that the project partnership agreement includes clear and detailed descriptions of operation and maintenance, repair, replacement, and rehabilitation costs and the entity with responsibility for those costs with respect to the project. 1010. Study and report on expediting certain waiver processes Not later than 1 year after the date of enactment of this Act, the Secretary shall complete, and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report based on the results of, a study on the best options available to the Secretary to improve and expedite the waiver process for the non-Federal cost-share under section 116 of the Energy and Water Development and Related Agencies Appropriations Act, 2010 ( Public Law 111–85 1011. Feasibility studies for mitigation of storm damage Section 105(a)(1) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2215(a)(1) (1) in subparagraph (A), by striking The Secretary Except as provided in subparagraph (F), the Secretary (2) by adding at the end the following: (F) Cost-share for certain mitigation projects (i) In general In the case of a feasibility study described in clause (ii), the Federal share of the cost of the study shall be, as determined by the Secretary— (I) not less than 50 percent; and (II) not more than 100 percent. (ii) Feasibility studies described A feasibility study referred to in clause (i) is a feasibility study for a project for mitigation of damage to an area affected by weather or other events for which— (I) during the 8-year period ending on the date of enactment of the America's Water Infrastructure Act of 2018 (aa) the Secretary provided emergency response under section 5 of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 33 U.S.C. 701n (bb) the area received disaster assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 (II) there is a significant risk for future similar events (as determined by the Secretary). . 1012. Extended community assistance by the Corps of Engineers Section 5(a) of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 33 U.S.C. 701n(a) (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: (3) Extended assistance (A) In general A State, Tribe, or other entity receiving assistance under the fourth sentence of paragraph (1) on land the State, Tribe, or entity owns, has jurisdiction over, or otherwise controls, may petition the Secretary for extended assistance, to apply after the 30-day period of the project under section 203.61(b)(8) of title 33, Code of Federal Regulations (or successor regulations). (B) Assistance On a petition under subparagraph (A), the Secretary shall provide extended assistance in accordance with this paragraph. (C) Cost-sharing Except as provided in subparagraph (D), extended assistance under this paragraph shall be subject to a minimum non-Federal cost-sharing requirement of 45 percent. (D) Exception The Secretary— (i) may waive or reduce the minimum non-Federal cost-sharing requirement under subparagraph (C), at the discretion of the Secretary, if the Secretary determines that the financial situation of the non-Federal sponsor of the project warrants a reduction; and (ii) may not impose a non-Federal cost-sharing requirement on a project serving a disadvantaged community (as defined in section 1452(d) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(d) (E) Factors In determining how to best provide extended assistance under this paragraph, the Secretary shall consider whether granting the extended assistance would— (i) minimize costs of long-term burdens on the non-Federal sponsor of the project; (ii) increase the resiliency of the project; and (iii) align with long-term solutions to problems that the project seeks to rectify. (F) Sunset The authority of the Secretary to provide extended assistance under this paragraph shall terminate on the date that is 2 years after the date of enactment of the America's Water Infrastructure Act of 2018 . 1013. Advanced funds for water resources development studies and projects The Act of October 15, 1940 (54 Stat. 1176, chapter 884; 33 U.S.C. 701h–1 (1) in the first sentence— (A) by striking Whenever any (a) In general Whenever any ; (B) by striking a flood-control project duly adopted and authorized by law an authorized water resources development study or project, (C) by striking such work such study or project (2) in the second sentence— (A) by striking The Secretary of the Army (b) Repayment The Secretary of the Army ; and (B) by striking from appropriations which may be provided by Congress for flood-control work if specific appropriations are provided by Congress for such purpose (3) by adding at the end the following: (c) Authorization of appropriations There is authorized to be appropriated to the Secretary to provide repayment under subsection (b) $50,000,000 for each of fiscal years 2020 and 2021. (d) Definition of State In this section, the term State (1) a State; (2) the District of Columbia; (3) the Commonwealth of Puerto Rico; (4) any other territory or possession of the United States; and (5) a federally recognized Indian tribe or a tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 . 1014. Implementation guidance (a) In general Except as provided in subsection (b), not later than 120 days after the date of enactment of this Act, the Secretary shall issue guidance to implement each provision of law (including an amendment made to a provision of law) under the jurisdiction of the Secretary, for which guidance has not been issued as of the date of enactment of this Act, under— (1) the Water Resources Reform and Development Act of 2014 (128 Stat. 1193); and (2) the Water Infrastructure Improvements for the Nation Act (130 Stat. 1628). (b) Exception Subsection (a) shall not apply with respect to a provision of law for which a lack of funds appropriated to carry out that provision prevents implementation guidance from being issued. 1015. Implementation guidance for this Act (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance to carry out this Act and any amendments made by this Act with respect to a provision of law under the jurisdiction of the Secretary. (b) Exception Subsection (a) shall not apply with respect to a provision of law for which a lack of funds appropriated to carry out that provision prevents implementation guidance from being issued. 1016. Easements for certain rural electric, telephone, and broadband service facilities Section 1172 of the Water Infrastructure Improvements for the Nation Act ( 33 U.S.C. 2354 (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: (c) Certain easements (1) In general The Secretary shall grant an easement across water resources development project land for the electric, telephone, or broadband service facilities of a nonprofit organization that is eligible for financing under the Rural Electrification Act of 1936 ( 7 U.S.C. 901 (2) Placement The placement of an easement under paragraph (1) shall be at the discretion of the Secretary. . 1017. Corps capabilities Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct and complete the study under section 936 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2300 1018. Project authorization funding lines In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized. 1019. Consolidation of studies; report (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall complete a study on whether section 1002 of the Water Resources Reform and Development Act of 2014 (128 Stat. 1198) and the amendments made by that section limit options available to the Secretary to fund work relating to— (1) feasibility scoping; (2) project management planning; and (3) review plan development. (b) Report to Congress Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the study under subsection (a). 1020. Non-Federal study and construction of projects Section 203(e) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2231(e) (1) by striking At the request of a non-Federal interest, the Secretary may provide (1) In general On the request of a non-Federal interest, the Secretary shall provide ; and (2) by adding at the end the following: (2) Savings provision The provision of technical assistance by the Secretary under paragraph (1)— (A) shall not be considered to be an approval or endorsement of the feasibility study; and (B) shall not affect the responsibilities of the Secretary— (i) to review the feasibility study for compliance with applicable Federal laws (including regulations) under subsection (b); and (ii) to make recommendations to Congress on the plan or design of the project under subsection (c). . 1021. Reports to Congress (a) In general Subject to the availability of appropriations, the Secretary shall complete and submit to Congress by the applicable date required any report or study required under this Act or an amendment made by this Act. (b) Failure To provide a completed report or study (1) In general Subject to subsection (c), if the Secretary fails to provide a report or study described in subsection (a) by the date that is 180 days after the applicable date required for that report or study, $5,000 shall be reprogrammed from the General Expenses account of the civil works program of the Army Corps of Engineers into the account of the division of the Army Corps of Engineers with responsibility for completing that report or study. (2) Subsequent reprogramming Subject to subsection (c), for each additional week after the date described in paragraph (1) in which a report or study described in that paragraph remains uncompleted and unsubmitted to Congress, $5,000 shall be reprogrammed from the General Expenses account of the civil works program of the Army Corps of Engineers into the account of the division of the Secretary with responsibility for completing that report or study. (c) Limitations (1) In general For each report or study, the total amounts reprogrammed under subsection (b) shall not exceed, in any fiscal year, $50,000. (2) Aggregate limitation The total amount reprogrammed under subsection (b) in a fiscal year shall not exceed $100,000. (d) No fault of the Secretary Amounts shall not be reprogrammed under subsection (b) if the Secretary certifies in a letter to the applicable committees of Congress that— (1) a major modification has been made to the content of the report or study that requires additional analysis for the Secretary to make a final decision on the report or study; (2) amounts have not been appropriated to the agency under this Act or any other Act to carry out the report or study; or (3) additional information is required from an entity other than the Corps of Engineers and is not available in a timely manner to complete the report or study by the deadline. (e) Limitation The Secretary shall not reprogram funds to the General Expenses account of the civil works program of the Corps of Engineers for the loss of the funds. (f) Report Not less frequently than once each fiscal year, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes a list of each report or study by the Secretary that— (1) was due to be completed in the previous fiscal year; but (2) was not completed during that fiscal year. (g) Repeal Section 1042 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2201 Public Law 113–121 1022. Disposition studies The Secretary shall carry out any disposition study for a project of the Corps of Engineers in a transparent manner, including— (1) by offering opportunities for public input during the study; and (2) publishing and making publicly available final disposition studies. 1023. Natural infrastructure In each feasibility study carried out by the Secretary for a project for flood risk management or hurricane and storm damage risk reduction, the Secretary shall consider the use of both traditional and natural infrastructure alternatives, alone or in conjunction with each other, if those alternatives are practicable. 1024. Watercraft inspection stations Section 104 of the River and Harbor Act of 1958 ( 33 U.S.C. 610 (1) by striking subsection (b) and inserting the following: (b) Authorization of appropriations (1) In general There is authorized to be appropriated $80,000,000 to carry out this section for each fiscal year, of which— (A) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(i); and (B) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(ii). (2) Control operations Any funds under paragraph (1) used for control operations shall be allocated by the Chief of Engineers on a priority basis, based on the urgency and need of each area and the availability of local funds. ; and (2) in subsection (d)— (A) by striking paragraph (1) and inserting the following: (1) In general (A) Watercraft inspection stations In carrying out this section, the Secretary shall establish, operate, and maintain new or existing watercraft inspection stations— (i) to protect the Columbia River Basin; and (ii) to protect the Upper Missouri River Basin. (B) Locations The Secretary shall place watercraft inspection stations under subparagraph (A) at locations, as determined by the Secretary in consultation with States within the areas described in subparagraph (A), with the highest likelihood of preventing the spread of aquatic invasive species at reservoirs operated and maintained by the Secretary. (C) Rapid Response The Secretary shall assist the States within the areas described in subparagraph (A) with rapid response to any aquatic invasive species, including quagga or zebra mussel, infestation. ; and (B) by striking paragraph (3)(A) and inserting the following: (A) the Governors of the States within the areas described in clause (i) or (ii) of paragraph (1)(A), as applicable; . 1025. Reauthorization of non-Federal implementation pilot program Section 1043 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2201 Public Law 113–121 (1) in subsection (a)— (A) in paragraph (5)(B), by inserting and not later than 3 years after the date of enactment of the America's Water Infrastructure Act of 2018 this Act (B) in paragraph (7), by striking 5 years 7 years (C) in paragraph (8), by striking each of fiscal years 2015 through 2019 each of fiscal years 2015 through 2021 (2) in subsection (b)— (A) in paragraph (3)(A)(i), by striking date of enactment of this Act date of enactment of the America's Water Infrastructure Act of 2018 (B) in paragraph (4), by striking applicable on the day before the date of enactment of this Act otherwise applicable (C) in paragraph (5)(B), by inserting and not later than 3 years after the date of enactment of the America's Water Infrastructure Act of 2018 this Act (D) in paragraph (7), by striking 5 years 7 years (E) in paragraph (8), by striking each of fiscal years 2015 through 2019 each of fiscal years 2015 through 2021 1026. Project studies subject to independent peer review (a) Extension Section 2034(h)(2) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2343(h)(2) 12 years 17 years (b) Report on cost and time overruns Section 2034(i) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2343(i) (3) Report on cost and time overruns Not later than 1 year after the date of enactment of the America's Water Infrastructure Act of 2018 . 1027. Expedited consideration Section 7004(b)(4) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1374) is amended by striking December 31, 2018 December 31, 2024 1028. WIFIA study Not later than 1 year after the date of enactment of this Act, the Secretary shall— (1) carry out a study on impediments to the implementation of the Water Infrastructure Finance and Innovation Act ( 33 U.S.C. 3901 (A) the obstacles that need to be removed for the Secretary to implement the responsibilities of the Secretary under that Act; (B) an identification of all projects that the Secretary determines to be potentially viable to receive assistance under that Act; and (C) an identification of any amendments to that Act or other legislative or regulatory changes that would improve the ability of the Secretary to implement that Act; and (2) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study under paragraph (1). 1029. Enhanced development demonstration program (a) In general The Secretary is directed to review the master plan and shoreline management plan for any lake described in section 3134 of the Water Resources Development Act of 2007 (121 Stat. 1142; 130 Stat. 1671) for the purpose of identifying areas suitable for enhanced development if— (1) the master plan and shoreline management plan of the lake have been updated since January 1, 2013; and (2) the district office of the Corps of Engineers has received a written request for such a review. (b) Definition of enhanced development In this section, the term enhanced development (c) Lease authority The Secretary is authorized to lease Federal land under the jurisdiction of the Secretary pursuant to this section for such terms as the Secretary determines to be advisable to permit enhanced development in areas approved for such uses under subsection (a). (d) Use of competitive procedures The Secretary shall require use of competitive procedures for leases authorized under subsection (c). (e) Considerations For leases authorized under subsection (c), the Secretary shall— (1) require payment of at least fair market value, up to 50 percent of which amount may be provided in-kind at the discretion of the Secretary; (2) enter into a partnership agreement with a private entity; (3) consider lease durations of up to 100 years; and (4) consider regional economic impacts. (f) Types of in-Kind consideration The Secretary is authorized to accept as in-kind consideration under subsection (e)(1)— (1) the maintenance, protection, alteration, repair, improvement, or restoration of public recreation facilities under the control of the Secretary; and (2) construction of new public recreation facilities. (g) Disposition of proceeds Notwithstanding section 7 of the Act of August 18, 1941 (55 Stat. 650, chapter 377; 33 U.S.C. 701c–3 (1) Natural resource and recreation management. (2) The investigation, planning, construction, operation, and maintenance of public recreation facilities. (h) Payment of administrative expenses The Secretary shall recover the administrative expenses associated with leases authorized under subsection (c) in accordance with section 2695 of title 10, United States Code. (i) Study application of military leasing authorities to civil works projects Not later than 2 years after the date of enactment of this Act, the Secretary shall— (1) complete a study on the application of section 2667 of title 10, United States Code, enhanced use leasing authorities, and other military leasing authorities to the civil works program of the Secretary; and (2) submit to Congress a report on the results of the study under paragraph (1), including a description of the obstacles that must be removed to implement the authorities. 1030. Duplication of efforts In the case of a project in which the non-Federal sponsor is working with an institution of higher education, in order to reduce duplication of efforts, the Secretary shall consider hiring an institution of higher education or entity, in accordance with any applicable contract law, to provide assistance under section 22 of the Water Resources Development Act of 1974 ( 42 U.S.C. 1962d–16 1031. Corps of Engineers Board of Appeals for certain water storage projects (a) Purpose and need statements (1) In general Not later than 90 days after the date of receipt of a complete application for a water storage project, the District Engineer shall develop and provide to the applicant a purpose and need statement that describes— (A) whether the District Engineer concurs with the assessment of the purpose of and need for the water storage project proposed by the applicant; and (B) in any case in which the District Engineer does not concur as described in subparagraph (A), an assessment by the District Engineer of the purpose of and need for the project. (2) Effect on environmental impact statements No environmental impact statement or environmental assessment required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (b) Records of decision Before the Secretary issues a permit decision for any project for which a permit from the Secretary is required, the Secretary shall provide to the applicant a record of decision that describes all applicable conditions under the permit that will apply to the project. (c) Corps of Engineers Board of Appeals (1) Establishment The Secretary shall establish a board of appeals, to be known as the Corps of Engineers Board of Appeals Board (2) Membership (A) In general The Board shall be composed of 5 members, to be appointed by the Secretary, of whom— (i) 2 shall be representatives of State water development commissions and agencies with water storage needs; (ii) 2 shall be representatives of the Corps of Engineers; and (iii) 1— (I) shall be selected jointly by the Secretary and the entities described in clause (i); and (II) shall not be a representative of any entity described in clause (i) or (ii). (B) Requirements In selecting members to serve on the Board, the Secretary shall ensure that each Board member— (i) does not have a conflict of interest; and (ii) is not from the same State in which the project that is the subject of the appeal is located. (3) Duties (A) In general The Board shall make determinations on— (i) all appeals relating to a purpose and need statement provided under subsection (a)(1); and (ii) all appeals relating to the permit conditions described in a record of decision under subsection (b). (B) Deadline The Board shall make a determination regarding an appeal under subparagraph (A) by not later than 90 days after the date on which the appeal is filed with the Board. (C) Factors for consideration In making a determination under subparagraph (A), the Board shall evaluate— (i) in the case of an appeal described in subparagraph (A)(i), any field assessment of the Corps of Engineers regarding the purpose of and need for the applicable water storage project; and (ii) in the case of an appeal described in subparagraph (A)(ii), any condition placed on a project under a permit based on the record of decision under subsection (b). (4) Consideration by District Engineer (A) In general In the case of any determination of the Board under paragraph (3)(A), the applicable District Engineer shall reconsider the purpose and need statement or permit condition, as applicable, taking into consideration the determination of the Board under paragraph (3)(A). (B) Explanation If the District Engineer determines not to accept a determination under subparagraph (A), the District Engineer shall, not later than 90 days after the date on which the District Engineer receives the determination, provide to the applicant and to the Board a written explanation as to why the District Engineer rejected the determination. 1032. Sense of Congress relating to local role in Corps projects It is the sense of Congress that in a case in which a local non-Federal interest takes responsibility for certain operation, maintenance, or capital improvement expenses of a project of the Secretary, the provision of funds by the local non-Federal interest results in savings to Federal taxpayers. 1033. Sense of Congress relating to study of water resources development proj­ects by non-Federal interests It is the sense of Congress that the amendment to section 203 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2231 1034. Sense of Congress relating to project partnership agreements It is the sense of Congress that the Secretary should simplify and expedite the process for addressing in-kind work in project partnership agreements— (1) to allow for more flexibility for potential changes to in-kind work; and (2) to delegate approval for project partnership agreements to the District Engineer, if practicable. 1035. Sense of Congress relating to encouraging resilient techniques and habitat connectivity in ecosystem restoration It is the sense of Congress that the Secretary should ensure that infrastructure of the Secretary can endure extreme weather, mitigate flooding and other negative impacts on communities, and provide a significant return on investment by— (1) encouraging the use of resilient structural or nonstructural construction techniques; and (2) clarifying that nonstructural approaches, techniques, and alternatives include natural and nature-based solutions. 1036. Alterations to local flood control projects The District Engineer of each district of the Corps of Engineers shall have the authority to implement existing authorities to approve alterations to local flood control projects in accordance with section 208.10 of title 33, Code of Federal Regulations (or successor regulations), and all other applicable laws (including regulations). II Studies, modifications, and project authorizations A Studies 2001. Authorization of proposed feasibility studies The Secretary is authorized to conduct a feasibility study for the following projects for water resources development and conservation and other purposes, as identified in the reports titled Report to Congress on Future Water Resources Development 33 U.S.C. 2282d (1) Lower Mississippi River, Arkansas, Kentucky, Louisiana, Missouri, Mississippi, and Tennessee Project for water quality monitoring program and planning, engineering, and design for 8 conservation reach habitat areas, Lower Mississippi River, Arkansas, Kentucky, Louisiana, Missouri, Mississippi, and Tennessee. (2) Ouachita-Black Rivers navigation project, Arkansas and Louisiana Project for navigation, Lower Little River, Arkansas and Louisiana. (3) San Diego River 1, 2, and 3 levee system Project for flood risk reduction, navigation, and ecosystem restoration, San Diego River 1, 2, and 3 levee system, California. (4) Northshore flood risk reduction, Louisiana Project for northshore flood risk reduction, St. Tammany Parish, Louisiana. (5) St. Louis riverfront-Meramec River Basin, Missouri Project for ecosystem restoration, St. Louis riverfront-Meramec River Basin, Missouri, authorized by the resolution adopted by the Committee on Transportation and Infrastructure of the House of Representatives on June 21, 2000, to modify the project to add flood risk management as a project purpose and to expand the study area to include the entire Meramec River Basin. (6) Chautauqua Lake, New York Project for ecosystem restoration and flood risk management, Chautauqua Lake, New York. (7) Trinity River and tributaries, Texas Project for navigation, Trinity River and tributaries, channel to Liberty, Texas. (8) Coastal Virginia water resources, Virginia Project for hurricane and storm damage risk reduction, coastal Virginia water resources, Virginia. (9) Tangier Island, Virginia Project for ecosystem restoration, flood risk management, and navigation, Tangier Island, Virginia. 2002. Lower Missouri River Bank stabilization and navigation The Secretary is authorized to conduct a study on the function and reliability of the Lower Missouri River Bank stabilization and navigation project, authorized by the first section of the Act of July 25, 1912 (37 Stat. 219, chapter 253). B Deauthorizations, mod­i­fi­ca­tions, and related provisions 2101. Savannah Harbor expansion project Section 7002(1) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1364) is amended— (1) by striking $492,000,000 $677,613,600 (2) by striking $214,000,000 $295,829,400 (3) by striking $706,000,000 $973,443,000 2102. Deauthorization of Svensen Island The project for flood risk management, Svensen Island, Oregon, authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 180), is no longer authorized beginning on the date of enactment of this Act. 2103. Whittier Narrows study (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall complete a study evaluating the impacts of removing 1 percent of the flowage spreading grounds from the flood control easement granted for the Whittier Narrows dam for the project on the San Gabriel River authorized by section 5 of the Act of June 22, 1936 (commonly known as the Flood Control Act of 1936 (b) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the study under subsection (a). 2104. West Tennessee tributaries project, Tennessee The West Tennessee tributaries project along the Obion and Forked Deer Rivers, Tennessee, authorized by section 203 of the Flood Control Act of 1948 (62 Stat. 1178) and modified by section 207 of the Flood Control Act of 1966 (80 Stat. 1423), section 3(a) of the Water Resources Development Act of 1974 (88 Stat. 14), and section 183 of the Water Resources Development Act of 1976 (90 Stat. 2940) is no longer authorized beginning on the date of enactment of this Act. 2105. Bridgeport Harbor-Pequonnock River navigation project, Connecticut The portions of the project for navigation, Bridgeport Harbor-Pequonnock River, Bridgeport, Connecticut, authorized by the first section of the Act of June 18, 1878 (20 Stat. 158, chapter 264), the first section of the Act of August 11, 1888 (25 Stat. 401, chapter 860), the first section of the Act of March 3, 1899 (30 Stat. 1122, chapter 425), the first section of the Act of June 25, 1910 (36 Stat. 633, chapter 382), and the first section of the Act of July 3, 1930 (46 Stat. 919, chapter 847), located north of Congress Street in Bridgeport, Connecticut, are no longer authorized beginning on the date of enactment of this Act. 2106. Levees L–212 and L–231, Four River Basin, Ocklawaha River, Florida The portions of the project for flood control and other purposes, Four River Basins, Florida, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1183), consisting of levees L–212 and L–231 along the Ocklawaha River, Florida, are no longer authorized beginning on the date of enactment of this Act. 2107. Corps of Engineers bridge repair and divestiture program for New England evacuation routes (a) In general Subject to the availability of appropriations, the Secretary may repair or replace, as necessary, any bridge owned and operated by the Secretary that is— (1) located in any of the States of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont; and (2) necessary for evacuation during an extreme weather event. (b) Sale or divestment Notwithstanding any other provision of law, to the maximum extent practicable, after the completion of the repair or replacement of a bridge under subsection (a), the Secretary shall convey the bridge to a willing non-Federal entity, which shall assume ownership and responsibility for the operation and maintenance of the bridge. 2108. Boston Harbor reserved channel deauthorizations (a) 40-Foot reserved channel (1) In general The portions of the project for navigation, Boston Harbor, Massachusetts, authorized by the first section of the Act of October 17, 1940 (54 Stat. 1198, chapter 895), and modified by section 101 of the River and Harbor Act of 1958 (72 Stat. 297), section 101(a)(13) of the Water Resources Development Act of 1990 (104 Stat. 4607), and section 7002(1) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1365) described in paragraph (2) are no longer authorized beginning on the date of enactment of this Act. (2) Areas described (A) First area The first areas described in this paragraph are— (i) beginning at a point N. 2950154.45, E. 785995.64; (ii) running southwesterly about 1451.63 feet to a point N. 2950113.83, E. 784544.58; (iii) running southeasterly about 54.00 feet to a point N. 2950059.85, E. 784546.09; (iv) running southwesterly about 1335.82 feet to a point N. 2950022.48, E. 783210.79; (v) running northwesterly about 83.00 feet to a point N. 2950105.44, E. 783208.47; (vi) running northeasterly about 2787.45 feet to a point N. 2950183.44, E. 785994.83; and (vii) running southeasterly about 29.00 feet to the point described in clause (i). (B) Second area The second areas described in this paragraph are— (i) beginning at a point N. 2950502.86, E. 785540.84; (ii) running northeasterly about 46.11 feet to a point N2950504.16, E785586.94; (iii) running southwesterly about 25.67 feet to a point N. 2950480.84, E. 785576.18; (iv) running southwesterly to a point N. 2950414.32, E. 783199.83; (v) running northwesterly about 8.00 feet to a point N. 2950422.32, E. 783199.60; (vi) running northeasterly about 2342.58 feet to a point N. 2950487.87, E. 785541.26; and (vii) running northwesterly about 15.00 feet to the point described in clause (i). (b) 35-Foot reserved channel (1) In general The portions of the project for navigation, Boston Harbor, Massachusetts, authorized by the first section of the Act of October 17, 1940 (54 Stat. 1198, chapter 895), and modified by section 101 of the River and Harbor Act of 1958 (72 Stat. 297) described in paragraph (2) are no longer authorized beginning on the date of enactment of this Act. (2) Areas described (A) First area The first areas described in this paragraph are— (i) beginning at a point N. 2950143.44, E. 787532.14; (ii) running southeasterly about 22.21 feet to a point N. 2950128.91, E. 787548.93; (iii) running southwesterly about 4,339.42 feet to a point N. 2950007.48, E. 783211.21; (iv) running northwesterly about 15.00 feet to a point N. 2950022.48, E. 783210.79; and (v) running northeasterly about 4,323.05 feet to the point described in clause (i). (B) Second area The second areas described in this paragraph are— (i) beginning at a point N. 2950502.86, E. 785540.84; (ii) running southeasterly about 15.00 feet to a point N. 2950487.87, E. 785541.26; (iii) running southwesterly about 2342.58 feet to a point N. 2950422.32, E. 783199.60; (iv) running southeasterly about 8.00 feet to a point N. 2950414.32, E. 783199.83; (v) running southwesterly about 1339.12 feet to a point N. 2950376.85, E. 781861.23; (vi) running northwesterly about 23.00 feet to a point N. 2950399.84, E. 781860.59; and (vii) running northeasterly about 3681.70 feet to the point described in clause (i). 2109. Project deauthorization and study extensions (a) Project deauthorizations Section 6003(a) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 579c(a) (1) by striking 7-year period 10-year period (2) by adding at the end the following: (3) Calculation In calculating the time period under paragraph (1), the Secretary shall not include any period of time during which the project is being reviewed and awaiting a decision by the Secretary on a locally preferred plan for that project under section 1036(a). (4) Exception The Secretary shall not deauthorize any project during the period described in paragraph (3). . (b) Study extensions Section 1001(d)(4) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282c(d)(4) 7 years 10 years 2110. Deauthorization of inactive studies (a) Purposes The purposes of this section are— (1) to identify $7,000,000,000 in feasibility studies for water resources development projects that have been authorized but are no longer viable due to— (A) a lack of local support; (B) a lack of available Federal or non-Federal resources; or (C) an authorizing purpose that is no longer relevant; (2) to create an expedited and definitive process for Congress to deauthorize feasibility studies for water resources development projects that are no longer viable; and (3) to allow the continued authorization of feasibility studies for water resources development projects that are viable. (b) Interim deauthorization list (1) In general The Secretary shall develop an interim deauthorization list that identifies each feasibility study for a water resources development project, or a separable element of a project (referred to in this section as a feasibility study (A) that has been authorized as of the date of enactment of this Act; and (B) for which no Federal funds have been made available during the 10-year period preceding the date of enactment of this Act. (2) Public comment and consultation (A) In general The Secretary shall solicit comments from the public and from the Governor of each applicable State on the interim deauthorization list developed under paragraph (1). (B) Comment period The comment period shall be 90 days. (3) Submission to Congress; publication Not later than 90 days after the date of the close of the comment period under paragraph (2), the Secretary shall— (A) submit a revised interim deauthorization list to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) publish the revised interim deauthorization list in the Federal Register. (c) Final deauthorization list (1) In general The Secretary shall develop a final deauthorization list of feasibility studies from the revised interim deauthorization list described in subsection (b)(3). (2) Deauthorization amount (A) Proposed final list The Secretary shall prepare a proposed final deauthorization list of feasibility studies that have, in the aggregate, an estimated Federal cost to complete that is at least $7,000,000,000. (B) Determination of Federal cost to complete For purposes of subparagraph (A), the Federal cost to complete shall take into account any allowances authorized by section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 (3) Identification of studies (A) Sequencing of studies (i) In general Except as provided in clause (ii), the Secretary shall identify feasibility studies for inclusion on the proposed final deauthorization list according to the order in which the feasibility studies were authorized, beginning with the earliest authorized feasibility study and ending with the latest feasibility study necessary to meet the aggregate amount under paragraph (2)(A). (ii) Factors to consider The Secretary may identify feasibility studies in an order other than that established by clause (i) if the Secretary determines, on a case-by-case basis, that a feasibility study is critical for interests of the United States, based on the possible impact of the project that is the subject of the feasibility study on public health and safety, the national economy, or the environment. (iii) Consideration of public comments In making determinations under clause (ii), the Secretary shall consider any comments received under subsection (b)(2). (B) Appendix The Secretary shall include as part of the proposed final deauthorization list an appendix that— (i) identifies each feasibility study on the interim deauthorization list developed under subsection (b) that is not included on the proposed final deauthorization list; and (ii) describes the reasons why the feasibility study is not included on the proposed final list. (4) Public comment and consultation (A) In general The Secretary shall solicit comments from the public and the Governor of each applicable State on the proposed final deauthorization list and appendix developed under paragraphs (2) and (3). (B) Comment period The public comment period shall be 90 days. (5) Submission of final list to Congress; publication Not later than 120 days after the date of the close of the comment period under paragraph (4), the Secretary shall— (A) submit a final deauthorization list and an appendix to the final deauthorization list in a report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) publish the final deauthorization list and the appendix to the final deauthorization list in the Federal Register. (d) Deauthorization; Congressional review (1) In general After the expiration of the 180-day period beginning on the date of submission of the final deauthorization list and appendix under subsection (c), a feasibility study identified in the final deauthorization list shall be deauthorized, unless Congress passes a joint resolution disapproving the final deauthorization list prior to the end of that period. (2) Non-Federal contributions (A) In general A feasibility study identified in the final deauthorization list under subsection (c) shall not be deauthorized under this subsection if, before the expiration of the 180-day period referred to in paragraph (1), the non-Federal interest for the feasibility study provides sufficient funds to complete the feasibility study. (B) Treatment of studies Notwithstanding subparagraph (A), each feasibility study identified in the final deauthorization list shall be treated as deauthorized for purposes of the aggregate deauthorization amount described in subsection (c)(2)(A). (3) Feasibility studies identified in appendix A feasibility study identified in the appendix to the final deauthorization list shall remain subject to future deauthorization by Congress. C Water resources infrastructure 2201. Project authorizations The following projects for water resources development and conservation and other purposes, as identified in the report entitled Report to Congress on Future Water Resources Development 33 U.S.C. 2282d (1) Navigation A. State B. Name C. Date of Report of Chief of D. Estimated Costs 1. TX Houston-Galveston Navigation Channel Extension August 8, 2017 Federal: $10,239,000 (2) Flood risk management A. State B. Name C. Date of Report of Chief of D. Estimated Costs 1. HI Ala Wai Canal December 21, 2017 Federal: $199,237,000 2. NY Mamaroneck-Sheldrake Rivers December 14, 2017 Federal: $51,920,000 (3) Hurricane and storm damage risk reduction A. State B. Name C. Date of Report of Chief of D. Estimated Initial Costs and 1. FL St. Johns County August 8, 2017 Initial Federal: $5,712,000 2. FL St. Lucie County December 15, 2017 Initial Federal: $7,097,000 3. TX Sabine Pass to Galveston Bay December 7, 2017 Federal: $2,157,202,000 2202. McMicken Dam, Arizona, and Muddy River, Massachusetts (a) Study The Secretary shall conduct a study on the status of— (1) the project at McMicken Dam, Arizona; and (2) the project for flood damage reduction and environmental restoration, Muddy River, Brookline and Boston, Massachusetts, authorized by section 522 of the Water Resources Development Act of 2000 (114 Stat. 2656). (b) Report Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the study under subsection (a). (c) Requirements The report under subsection (b) shall include— (1) a description of the reasons of the Secretary for deauthorizing the projects described in subsection (a); and (2) if practicable, a description of conditions needed by the Secretary for the Secretary to reauthorize the projects described in subsection (a). 2203. Environmental infrastructure projects Section 219 of the Water Resources Development Act of 1992 (106 Stat. 4835, 113 Stat. 334, 114 Stat. 2763A–219, 121 Stat. 1242, 121 Stat. 1261) is amended— (1) in subsection (f)— (A) in paragraph (25)— (i) by striking $60,000,000 $90,000,000 (ii) by striking Berkeley (iii) by striking and Orangeberg Orangeburg, and Sumter (B) in paragraph (43), by striking $35,000,000 $70,000,000 (C) by striking paragraph (121) and inserting the following: (121) Charlotte County, Florida $16,000,000 for wastewater infrastructure, Charlotte County, Florida. ; and (2) by adding at the end the following: (g) Consideration of additional projects The Secretary shall consider and complete an assessment of the following projects: (1) Macomb County, Michigan The project for wastewater infrastructure, Macomb County, Michigan. (2) Milwaukee and Shorewood, Wisconsin The project for wastewater infrastructure, Milwaukee and Shorewood, Wisconsin. . 2204. Conditional reauthorization of environmental projects (a) In general A project described in subsection (b) shall be authorized for each of fiscal years 2019 through 2021, if the Secretary receives from the project sponsor a written request for the authorization by not later than 90 days after the date of enactment of this Act. (b) Description of projects A project referred to in subsection (a) is a project that— (1) is an environmental project, as determined by the Chief of Engineers; (2) is described in section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 334); and (3) was authorized— (A) pursuant to an amendment to that section made by section 5158 of the Water Resources Development Act of 2007 (121 Stat. 1258); and (B) for an amount equal to not more than $2,000,000 for improvements to water related infrastructure. 2205. Sense of Congress relating to West Haven, Connecticut It is the sense of Congress that, to the maximum extent practicable, the Secretary should prioritize the project for storm damage reduction, West Haven, Connecticut, authorized by section 101 of the River and Harbor Act of 1954 (68 Stat. 1254) and section 3 of the Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 426g 2206. Sense of Congress relating to Coastal Texas study It is the sense of Congress that the Secretary should expedite the completion of projects for flood damage reduction, hurricane and storm damage reduction, and ecosystem restoration in the coastal areas of Texas that are identified in the interim report due to be published in 2018 that describes the tentatively selected plan developed in accordance with section 4091 of the Water Resources Development Act of 2007 (121 Stat. 1187). D Expedited and modified studies and projects 2301. Rahway River Basin flood risk management project In accordance with section 1322(b)(2)(B) of the Water Infrastructure Improvements for the Nation Act (130 Stat. 1707), the Secretary shall expedite completion of the report for the project for flood risk management, Rahway River Basin, New Jersey, and, if the Secretary determines that the project is justified in the completed report, proceed directly to project preconstruction, engineering, and design in accordance with section 910 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2287 2302. Hudson-Raritan Estuary Comprehensive Restoration Project The Secretary shall expedite the completion of the Hudson-Raritan Estuary Comprehensive Restoration Project— (1) in a timely manner; and (2) in accordance with section 1322(b)(2)(C) of the Water Infrastructure Improvements for the Nation Act (130 Stat. 1707). 2303. Certain projects in Rhode Island The Secretary shall adhere to the proposed schedules and avoid delays to the extent practicable with respect to— (1) the project for navigation, Providence River, Rhode Island, authorized by the first section of the Act of August 26, 1937 (50 Stat. 845, chapter 832) and section 301 of the River and Harbor Act of 1965 (79 Stat. 1089); (2) the feasibility study for the project for coastal storm risk management, Pawcatuck River, Rhode Island, authorized in the matter under the heading Investigations Corps of Engineers—Civil Department of the Army Public Law 113–2 (3) the Rhode Island historical structure flood hazard vulnerability assessment. 2304. Cedar River, Iowa The Secretary shall expedite the project for flood risk management at Cedar River, Cedar Rapids, Iowa, authorized by section 7002(2) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1366). 2305. Plymouth Harbor, Massachusetts The Secretary shall expedite and complete the dredging of Plymouth Harbor, Massachusetts, as authorized by the Act of March 4, 1913 (37 Stat. 802, chapter 144), and the Act of September 22, 1922 (42 Stat. 1038, chapter 427), not later than December 31, 2019. 2306. Brandon Road study The Secretary shall complete a final feasibility report for the Great Lakes Mississippi River Interbasin Study Brandon Road Study, authorized under section 3061(d) of the Water Resources Development Act of 2007 (121 Stat. 1121) and section 1538(b)(1) of MAP–21 ( Public Law 112–141 2307. Central Everglades Planning Project The Secretary shall expedite construction of a reservoir south of Lake Okeechobee as part of the project for ecosystem restoration in the central Everglades authorized by section 1401(4) of the Water Infrastructure Improvements for the Nation Act (130 Stat. 1713). 2308. Portsmouth Harbor and Piscataqua River The Secretary shall expedite the project for navigation for Portsmouth Harbor and the Piscataqua River authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1173). 2309. Blain Road footbridge, Thompson, Connecticut The Secretary shall proceed with the review of design plans for the Blain Road footbridge over West Thompson Lake, Thompson, Connecticut. 2310. Table Rock Lake, Arkansas and Missouri The Secretary shall comply with section 1185 of the Water Infrastructure Improvements for the Nation Act (130 Stat. 1680) with respect to the Table Rock Lake Master Plan and Table Rock Lake Shoreline Management Plan. 2311. McCook Reservoir, Illinois The Secretary shall consider the project for flood control at McCook Reservoir, Illinois, authorized by section 3(a)(5) of the Water Resources Development Act of 1988 (102 Stat. 4013; 110 Stat. 3716), a priority for the non-Federal project implementation pilot project under section 1043(b) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2201 Public Law 113–121 2312. Baptiste Collette Bayou study, Louisiana The Secretary shall expedite the review for the study for navigation and channel deepening, Baptiste Collette Bayou, Louisiana, under section 203 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2231 2313. Morganza to the Gulf, Louisiana The Secretary shall expedite completion of the project for hurricane and storm damage risk reduction, Morganza to the Gulf, Louisiana, authorized by section 7002(3) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1368). 2314. Louisiana Coastal Area The Secretary shall expedite completion of the project for environmental restoration, Louisiana Coastal Area, Louisiana, authorized by section 7002(5) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1370). 2315. Louisiana Coastal Area–Barataria Basin Barrier The Secretary shall expedite completion of the project for environmental restoration, Louisiana Coastal Area–Barataria Basin Barrier, Louisiana, authorized by section 7002(5) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1370). 2316. West Shore Lake Pontchartrain, Louisiana The Secretary shall expedite completion of the project for hurricane and storm damage risk reduction, West Shore Lake Pontchartrain, Louisiana, authorized by section 1401(3) of the Water Infrastructure Improvements for the Nation Act (130 Stat. 1712). 2317. Southwest Coastal Louisiana The Secretary shall expedite completion of the project for hurricane and storm damage risk reduction and ecosystem restoration, Southwest Coastal Louisiana, Louisiana, authorized by section 1401(8) of the Water Infrastructure Improvements for the Nation Act (130 Stat. 1715). 2318. New York–New Jersey Harbor and Tributaries feasibility study Not later than 90 days after the date of enactment of this Act, the Secretary shall complete the New York–New Jersey Harbor and Tributaries Focus Area Feasibility Study authorized by the first section of the Act of June 15, 1955 (69 Stat. 132, chapter 140). 2319. Lower Brule shoreline stabilization project (a) In general The Secretary shall carry out a project for shoreline stabilization on the Lower Brule Reservation, South Dakota, pursuant to section 203 of the Water Resources Development Act of 2000 ( 33 U.S.C. 2269 (b) Federal share The Federal share of the cost of each separable element of the project described in subsection (a) may not exceed $10,000,000. 2320. Hampton Harbor, New Hampshire, navigation improvement project In carrying out the project for navigation, Hampton Harbor, New Hampshire, under section 107 of the River and Harbor Act of 1960 ( 33 U.S.C. 577 2321. New Jersey and Delaware Back Bays Coastal Storm Risk Management Notwithstanding section 1001(a)(1) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282c(a)(1) 2322. Minnesota locks and dams divestment study (a) Expedited completion The Secretary shall expedite completion of the study with respect to the divestiture of the locks and dams of the Secretary in Minnesota in the St. Paul district of the Corps of Engineers. (b) Partial divestiture The Secretary shall include in the report describing the result of the study described in subsection (a) an examination of— (1) the possibility of the partial divestiture of the Secretary from the locks and dams described in that subsection; and (2) possible changes to the use of those locks and dams. III Primary Corps of Engineers activities A Continuing authorities programs 3001. Corps of Engineers continuing authorities program (a) Storm and hurricane restoration and impact minimization program Section 3(c) of the Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 426g(c) (1) in paragraph (1), by striking $30,000,000 $45,000,000 (2) in paragraph (2)(B), by striking $10,000,000 $15,000,000 (b) Small river and harbor improvement projects Section 107 of the River and Harbor Act of 1960 ( 33 U.S.C. 577 (1) in subsection (a), by striking $50,000,000 $62,500,000 (2) in subsection (b), by striking $10,000,000 $12,500,000 (c) Shore damage prevention or mitigation Section 111 of the River and Harbor Act of 1968 ( 33 U.S.C. 426i (1) in subsection (c), by striking $10,000,000 $15,000,000 (2) by adding at the end the following: (f) Certain projects Subject to the availability of appropriations, in the case of a project under this section that, on the date of enactment of the America's Water Infrastructure Act of 2018 (1) 50 percent of the authorized amount; and (2) $5,000,000. . (d) Regional sediment management Section 204 of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326 (1) in subsection (c)(1)(C), by striking $10,000,000 $12,500,000 (2) in subsection (g), in the first sentence, by striking $50,000,000 $62,500,000 (e) Small flood control projects Section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s (1) in the first sentence, by striking $55,000,000 $82,500,000 (2) in the third sentence, by striking $10,000,000 $15,000,000 (f) Aquatic ecosystem restoration Section 206 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330 (1) in subsection (a), by adding at the end the following: (3) Requirement In carrying out projects under this section, the Secretary shall carry out— (A) not less than 2 projects in areas with a population of 80,000 or less; and (B) not less than 2 projects in areas with a population of 2,500,000 or more. ; (2) in subsection (d), by striking $10,000,000 $12,500,000 (3) in subsection (e), by striking $50,000,000 $62,500,000 (g) Project modifications for improvement of environment (1) In general Section 1135 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2309a (A) in subsection (d), in the third sentence, by striking $10,000,000 $15,000,000 (B) in subsection (h), by striking $40,000,000 $60,000,000 (C) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (D) by inserting after subsection (g) the following: (h) Prioritization of certain projects In carrying out activities under this section in the Upper Missouri River Basin, the Secretary shall give priority to projects within that area that restore degraded ecosystems through modification of existing flood risk management projects. . (2) Conforming amendment Section 4014(c)(1) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2803a(c)(1) (B) Section 1135 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2309a . 3002. Sense of Congress relating to continuing authorities program It is the sense of Congress that for each fiscal year, there should be made available to the Secretary the full amount of appropriations to carry out the continuing authorities program, which consists of— (1) section 14 of the Flood Control Act of 1946 ( 33 U.S.C. 701r (2) section 3 of the Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 426g (3) section 107 of the River and Harbor Act of 1960 ( 33 U.S.C. 577 (4) section 111 of the River and Harbor Act of 1968 ( 33 U.S.C. 426i (5) section 204 of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326 (6) section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s (7) section 206 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330 (8) section 2 of the Act of August 28, 1937 (50 Stat. 877, chapter 877; 33 U.S.C. 701g (9) section 1135 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2309a 3003. Report relating to availability of prioritized CAP projects As soon as practicable after the date of enactment of this Act, the Secretary shall publish in the Federal Register and on a publicly available website the prioritization criteria and the annual report required under paragraphs (2) and (3), respectively, of section 1030(a) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 400 B Navigation I Inland waterways 3101. GAO study on navigation and ecosystem sustainability program Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall— (1) complete a study on the implementation of the navigation and ecosystem sustainability program under title VIII of the Water Resources Development Act of 2007 ( 33 U.S.C. 652 Public Law 110–114 (2) submit to Congress a report on the results of the study under paragraph (1), including a description of the obstacles that must be removed to implement the program expeditiously. II Ports and harbors 3111. Authorization of appropriations for purchase of hopper dredge (a) In general There is authorized to be appropriated to the Secretary $150,000,000 for the purchase of a hopper dredge. (b) Use of hopper dredge A hopper dredge purchased with funds under subsection (a) shall be used primarily in areas that have been consistently damaged by extreme weather events. 3112. Authorization of appropriations for purchase of mat sinking unit There is authorized to be appropriated to the Secretary $125,000,000 for the purchase of a mat sinking unit. 3113. Hopper dredge and mat sinking unit It is the sense of Congress that, in considering the least cost alternative for purchasing a hopper dredge and mat sinking unit, the Corps of Engineers should consider entering into a lease to purchase. 3114. Sense of Congress relating to Kennebec River Federal navigation channel It is the sense of Congress that periodic maintenance dredging of the Federal navigation channel in the Kennebec River, Maine, should be prioritized, based on a joint plan developed by the Secretary and the Secretary of the Navy. 3115. Sense of Congress relating to Wilmington Harbor dredging It is the sense of Congress that the Secretary should prioritize annual dredging for Wilmington Harbor, Delaware. 3116. Port of Arlington The Secretary shall reimburse the Port of Arlington, Gillam County, Oregon, not more than $3,200,000, for the costs incurred by the Port of Arlington for construction and other expenses for the project described in the matter under the heading Regulatory program Corps of Engineers—Civil Department of the Army Department of Defense—Civil Public Law 111–8 3117. Pearl River Basin demonstration program (a) Definition of environmental impact statement In this section, the term environmental impact statement 42 U.S.C. 4332(2)(C) (b) Demonstration program The Secretary shall establish a demonstration program to allow a project authorized by section 211 of the Water Resources Development Act of 1996 ( 33 U.S.C. 701b–13 (c) Requirements For each project authorized to begin preliminary engineering and design under subsection (b)— (1) the project shall conform to the feasibility study approved by the headquarters office of the Corps of Engineers and the environmental impact statement for the project; and (2) the Secretary and the non-Federal sponsor shall jointly agree to the construction design of the project. (d) Repayment If a project authorized to begin preliminary engineering and design under subsection (b) does not receive a favorable final decision document, the non-Federal sponsor of the project shall repay any funds provided under this section for the project. (e) Sunset The authority to carry out the demonstration program under this section shall terminate on the date that is 5 years after the date of enactment of this Act. 3118. Expedited initiation Section 1322(b)(2) of the Water Infrastructure Improvements for the Nation Act (130 Stat. 1707) is amended in the matter preceding subparagraph (A) by striking if the Secretary 2287) once the general reevaluation report for the project has been submitted for approval, shall immediately initiate preconstruction engineering and design for the project III Miscellaneous provisions 3121. Report on debris removal Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress and make publicly available a report that describes— (1) the extent to which the Secretary has carried out section 3 of the Act of March 2, 1945 (59 Stat. 23, chapter 19; 33 U.S.C. 603a (2) how the Secretary has evaluated potential projects to be carried out under that section; and (3) recommendations for the establishment of a pilot program to improve the implementation of that section. 3122. Cape Arundel Disposal Site, Maine Section 113 of the Energy and Water Development and Related Agencies Appropriations Act, 2014 ( Public Law 113–76 for 5 years after the date of enactment of this Act until December 31, 2021 3123. Delaware River navigation project Section 1131(3) of the Water Resources Development Act of 1986 (100 Stat. 4246) is amended by striking ten feet 35 feet 3124. Sense of Congress relating to erosion on the banks of the Ohio River near Clarksville, Indiana It is the sense of Congress that the Secretary should use the authority provided to the Secretary under section 9 of the Flood Control Act of 1946 (60 Stat. 643, chapter 596) to address erosion issues on the Ohio River near Clarksville, Indiana. C Locks, dams, levees, and dikes 3201. Certain levee improvements (a) In general In the case of a levee described in subsection (b), the Secretary is encouraged to cooperate to the maximum extent practicable with non-Federal sponsors to implement necessary improvements to the levee. (b) Levees described A levee referred to in subsection (a) is a levee that is— (1) owned, operated, and maintained by the Secretary; and (2) hydraulically tied to a community-owned levee that is not accredited by the Federal Emergency Management Agency in accordance with section 65.10 of title 44, Code of Federal Regulations (or successor regulations). 3202. Rehabilitation of Corps of Engineers constructed dams Section 1177 of the Water Infrastructure Improvements for the Nation Act ( 33 U.S.C. 467f–2 Public Law 114–322 (1) in subsection (e), by striking $10,000,000 $40,000,000 (2) in subsection (f), by striking $10,000,000 $40,000,000 3203. Non-Federal dams The Secretary may accept and expend funds from an owner of a non-Federal dam for the review and revision of water operations manuals and flood control curves if the Secretary regulates the non-Federal facilities associated with the non-Federal dam under section 7 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 33 U.S.C. 709 3204. Reauthorization of National Dam Safety Program Act Section 14 of the National Dam Safety Program Act ( 33 U.S.C. 467j for each of fiscal years 2015 through 2019 for each of fiscal years 2015 through 2021 3205. Sense of Congress relating to implementation guidance for dam safety repair projects It is the sense of Congress that the Secretary should expeditiously issue guidance as required under section 1139 of the Water Infrastructure Improvements for the Nation Act ( 33 U.S.C. 467n Public Law 114–322 3206. Reauthorization of national levee safety program (a) Levee safety initiative Section 9005 of the Water Resources Development Act of 2007 ( 33 U.S.C. 3303a (1) in subsection (c), by adding at the end the following: (6) Updates Not later than 1 year after the date of enactment of the America's Water Infrastructure Act of 2018 ; (2) in subsection (g)— (A) in paragraph (1), by adding at the end the following: (D) Update Not later than 1 year after the date of enactment of the America's Water Infrastructure Act of 2018 ; and (B) in paragraph (2)(E)(i), by striking for each of fiscal years 2015 through 2019 for each of fiscal years 2015 through 2021 (3) in subsection (h)(3), by adding at the end the following: (F) Update Not later than 1 year after the date of enactment of the America's Water Infrastructure Act of 2018 . (b) Reports Section 9006 of the Water Resources Development Act of 2007 ( 33 U.S.C. 3303b (1) in subsection (b), by inserting , and not later than 1 year after the date of enactment of the America's Water Infrastructure Act of 2018 this subsection, (2) in subsection (c), in the matter preceding paragraph (1), by inserting , and not later than 1 year after the date of enactment of the America's Water Infrastructure Act of 2018 Water Resources Development Act of 2016, (3) in subsection (d), in the matter preceding paragraph (1), by inserting , and not later than 1 year after the date of enactment of the America's Water Infrastructure Act of 2018 Water Resources Development Act of 2016, (c) Authorization of appropriations Section 9008 of the Water Resources Development Act of 2007 ( 33 U.S.C. 3305 (1) in the matter preceding paragraph (1), by striking is are (2) by striking for each of fiscal years 2015 through 2019 for each of fiscal years 2015 through 2021 3207. Reauthorization of lock operations pilot program Section 1017(f) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2212 Public Law 113–121 5 years 10 years 3208. Restricted areas at Corps of Engineers dams Section 2 of the Freedom to Fish Act ( Public Law 113–13 4 years after the date of enactment of the Water Resources Reform and Development Act of 2014 5 years after the date of enactment of the America's Water Infrastructure Act of 2018 3209. Certain Bureau of Reclamation dikes (a) In general Notwithstanding any other provision of law (including regulations), effective beginning on the date of enactment of this Act, the Federal share of the operations and maintenance costs of a dike described in subsection (b) shall be 100 percent. (b) Description of dikes A dike referred to in subsection (a) is a dike— (1) that is owned by the Bureau of Reclamation on the date of enactment of this Act; (2) the construction of which was completed not later than December 31, 1945; and (3) a corrective action study for which was completed not later than December 31, 2015. 3210. Rehabilitation of high-hazard potential dams Section 8A of the National Dam Safety Program Act ( 33 U.S.C. 467f–2 (e) Emergency action plans (1) In general As a condition of receipt of assistance under this section, the non-Federal sponsor shall demonstrate that an emergency action plan is in place to protect the safety of persons and property in the area potentially affected by a breach of the dam. (2) Inclusions An emergency action plan under paragraph (1) shall address— (A) incident detection, evaluation, and emergency level determination; (B) notification and communication; (C) emergency actions; (D) termination and follow-up; and (E) public education and awareness of the emergency action plan. . 3211. Maintenance of high risk flood control projects In any case in which the Secretary has assumed, as of the date of enactment of this Act, responsibility for the maintenance of a project classified as class III under the Dam Safety Action Classification of the Corps of Engineers, the Secretary shall continue to be responsible for the maintenance of that project until the earlier of— (1) the date on which the project is modified to reduce that risk and the Secretary determines that the project is no longer classified as class III under the Dam Safety Action Classification of the Corps of Engineers; and (2) the date that is 15 years after the date of enactment of this Act. D Water supply 3301. Authority to make entire active capacity of Fontenelle Reservoir available for use (a) In general The Secretary of the Interior (referred to in this section as the Secretary Colorado River Storage Project Act 43 U.S.C. 620 (b) Cooperative agreements (1) In general The Secretary may enter into any contract, grant, cooperative agreement, or other agreement that is necessary to carry out subsection (a). (2) State of Wyoming (A) In general The Secretary shall enter into a cooperative agreement with the State of Wyoming to work in cooperation and collaboratively with the State of Wyoming for planning, design, related preconstruction activities, and construction of any modification of the Fontenelle Dam under subsection (a). (B) Requirements The cooperative agreement under subparagraph (A) shall, at a minimum, specify the responsibilities of the Secretary and the State of Wyoming with respect to— (i) completing the planning and final design of the modification of the Fontenelle Dam under subsection (a); (ii) any environmental and cultural resource compliance activities required for the modification of the Fontenelle Dam under subsection (a) including compliance with— (I) the National Environmental Policy Act of 1969 42 U.S.C. 4321 (II) the Endangered Species Act of 1973 16 U.S.C. 1531 (III) subdivision 2 of division A of subtitle III of title 54, United States Code; and (iii) the construction of the modification of the Fontenelle Dam under subsection (a). (c) Funding by State of Wyoming Pursuant to the Act of March 4, 1921 (41 Stat. 1404, chapter 161; 43 U.S.C. 395 (d) Other contracting authority (1) In general The Secretary may enter into contracts with the State of Wyoming, on such terms and conditions as the Secretary and the State of Wyoming may agree, for division of any additional active capacity made available under subsection (a). (2) Terms and conditions Unless otherwise agreed to by the Secretary and the State of Wyoming, a contract entered into under paragraph (1) shall be subject to the terms and conditions of Bureau of Reclamation Contract No. 14–06–400–2474 and Bureau of Reclamation Contract No. 14–06–400–6193. (e) Savings provisions Unless expressly provided in this section, nothing in this section modifies, conflicts with, preempts, or otherwise affects— (1) the Boulder Canyon Project Act ( 43 U.S.C. 617 (2) the Colorado River Compact of 1922, as approved by the Presidential Proclamation of June 25, 1929 (46 Stat. 3000); (3) the Boulder Canyon Project Adjustment Act ( 43 U.S.C. 618 (4) the Treaty between the United States of America and Mexico relating to the utilization of waters of the Colorado and Tijuana Rivers and of the Rio Grande, and supplementary protocol signed November 14, 1944, signed at Washington February 3, 1944 (59 Stat. 1219); (5) the Upper Colorado River Basin Compact as consented to by the Act of April 6, 1949 (63 Stat. 31); (6) the Act of April 11, 1956 (commonly known as the Colorado River Storage Project Act 43 U.S.C. 620 (7) the Colorado River Basin Project Act ( Public Law 90–537 (8) any State of Wyoming or other State water law. 3302. Pricing of water storage contracts Section 7 of the Flood Control Act of 1944 ( 33 U.S.C. 709 (1) by striking such regulations: Provided those regulations. (2) Exception This subsection ; and (2) by striking the section designation and all that follows through It shall be the duty of the Secretary of the Army to 7. Water storage (a) Pricing of contracts (1) In general Subject to paragraph (2), the Secretary of the Army shall price each water storage contract entered into by the Secretary at fair market value. (2) Fair market value requirement For purposes of paragraph (1), the fair market value of a water storage contract shall not exceed 110 percent of the lowest-contracted price at any facility of the Corps of Engineers located within 50 miles of the water source covered by the contract, as adjusted for inflation. (b) Flood control and navigation (1) In general Except as provided in paragraph (2), the Secretary of the Army shall . 3303. Report on water supply contract, Wright Patman Lake, Texas Not later than June 30, 2019, the Secretary shall submit to Congress a report on the status of the implementation of the water supply contract, Department of the Army, Civil Works Contract No. 29–68–A–0130, at Wright Patman Lake, Texas, that— (1) describes the accomplishments or failures relating to the implementation of that contract at Wright Patman Lake; (2) identifies— (A) the activities that the Secretary expects to be necessary to complete the execution of the contract; (B) the expected completion date for each activity identified under subparagraph (A); and (C) the expected execution date of the contract; and (3) describes any adjustments to the timeline for completion of the execution of the contract that the Secretary determines to be necessary. 3304. Sense of Congress relating to Wright Patman Lake, Sulphur River Basin, Texas It is the sense of Congress that the Secretary should implement the Department of the Army, Civil Works Contract No. 29–68–A–0130, at Wright Patman Lake, Texas, in an expeditious manner and in accordance with all applicable Federal and State water laws, including through the acceptance and expenditure of funds contributed by a non-Federal interest for any study required by law. 3305. City reservoir expansion pilot program (a) In general The Secretary shall establish a pilot program to expedite review of applications described in subsection (b). (b) Applications described An application referred to in subsection (a) is an application for a permit from the Secretary— (1) to expand a reservoir for which not less than 80 percent of the water rights are for community drinking water supplies in order to accommodate projected water supply needs of a city with a population of less than 80,000; and (2) from a city in which— (A) any portion of the water resources available to the community are polluted by chemicals used at a formerly used defense site under the jurisdiction of the Department of Defense that is undergoing (or is scheduled to undergo) environmental remediation under chapter 160 (B) mitigation of the pollution described in subparagraph (A) is ongoing. (c) Sunset The authority to carry out the pilot program under this section shall terminate on the date that is 10 years after the date of enactment of this Act. 3306. Sense of Congress relating to water-related infrastructure in Idaho, Montana, rural Nevada, New Mexico, rural Utah, and Wyoming It is the sense of Congress that appropriations authorized by section 595(i) of the Water Resources Development Act of 1999 (113 Stat. 384; 128 Stat. 1316; 130 Stat. 1681) should be maintained at an amount not less than $75,000,000. E Sediment management 3401. Missouri River reservoir sediment management Section 1179(a) of the Water Infrastructure Improvements for the Nation Act (130 Stat. 1675) is amended— (1) by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively; (2) by inserting after paragraph (3) the following: (4) Prioritization of sediment management plans In carrying out the pilot project under this subsection, the Secretary shall give priority to developing and implementing sediment management plans that affect reservoirs that cross State lines. ; (3) in paragraph (8) (as so redesignated)— (A) by redesignating subparagraph (B) as subparagraph (C); and (B) by striking subparagraph (A) and inserting the following: (A) In general The Secretary shall carry out the pilot program established under this subsection in partnership with the Secretary of the Interior, and the program shall apply to reservoirs managed or owned by the Bureau of Reclamation. (B) Memorandum of agreement For sediment management plans that apply to a reservoir managed or owned by the Bureau of Reclamation under subparagraph (A), the Secretary and the Secretary of the Interior shall execute a memorandum of agreement establishing the framework for a partnership and the terms and conditions for sharing expertise and resources. ; and (4) by adding at the end the following: (10) Prioritization of funds To the maximum extent practicable, in carrying out any projects or programs of the Secretary or the Secretary of the Interior, the Secretary and the Secretary of the Interior, as applicable, shall give priority to activities under this subsection. . 3402. Reservoir sediment Section 215 of the Water Resources Development Act of 2000 ( 33 U.S.C. 2326c (1) in subsection (a)— (A) by striking the date of enactment of the Water Resources Development Act of 2016 the date of enactment of the America's Water Infrastructure Act of 2018 (B) by striking shall establish, using available funds, a pilot program to accept shall, using available funds, accept (2) in subsection (b)— (A) in paragraph (2), by adding and (B) in paragraph (3), by striking ; and (C) by striking paragraph (4); and (3) by striking subsection (f) and inserting the following: (f) Report to Congress Not later than 3 years after the date of enactment of the America's Water Infrastructure Act of 2018 . 3403. Regional sediment management Section 204 of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326 (1) in subsection (a)— (A) by striking paragraph (1) and inserting the following: (1) Sediment use For sediment obtained through the construction, operation, or maintenance of an authorized Federal water resources project or a reclamation project, including Federal reservoirs authorized for flood control, the Secretary (in consultation with the Commissioner of Reclamation (referred to in this section as the Commissioner ; (B) in paragraph (2), by inserting or the Commissioner, as applicable, Secretary (C) in paragraph (3), in the matter preceding subparagraph (A), by inserting and reclamation projects water resources projects (D) in paragraph (4), by inserting or the Commissioner, as applicable, Secretary (2) in subsection (b)— (A) in the heading, by striking Secretarial Agency (B) in the matter preceding paragraph (1), by inserting or the Commissioner, as applicable, Secretary (3) in subsection (c)(1)— (A) in subparagraph (A), by inserting or reclamation project water resources project (B) in subparagraph (B)(ii), by inserting or the Commissioner, as applicable, Secretary (4) in subsection (d)— (A) by inserting or the Commissioner, as applicable, Secretary (B) in paragraph (1), in the matter preceding subparagraph (A), by inserting or reclamation project water resources project (5) in subsection (e), in the matter preceding paragraph (1), by inserting or the Commissioner, as applicable, Secretary (6) in subsection (g), in the first sentence, by inserting to the Secretary appropriated F Flood risk management 3501. Ice jam prevention and mitigation Section 1150(c) of the Water Infrastructure Improvements for the Nation Act ( 33 U.S.C. 701s Public Law 114–322 (1) in paragraph (1)— (A) by striking During fiscal years 2017 through 2022, the Secretary The Secretary (B) by striking 10 projects 20 projects (2) in paragraph (2)— (A) by striking shall ensure (A) ensure ; (B) by striking the period at the end and inserting ; and (C) by adding at the end the following: (B) select not less than 1 project on a reservation (as defined in section 3 of the Indian Financing Act of 1974 ( 25 U.S.C. 1452 25 U.S.C. 5304 ; and (3) by adding at the end the following: (3) Prioritization In selecting projects under paragraph (1), the Secretary shall give priority to— (A) projects in the Upper Missouri River Basin; and (B) projects in the Northeast. . 3502. Upper Missouri River Basin flood and drought monitoring Section 4003(a) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1311, 130 Stat. 1677) is amended by adding at the end the following: (6) Prioritization To the maximum extent practicable, in carrying out any projects or programs of the Secretary, the Secretary shall give priority to activities under this subsection. . 3503. Policies that impact flood fight management projects within urban areas Not later than 1 year after the date of enactment of this Act, the Secretary shall carry out a study on— (1) flooding within urban floodplains; and (2) the Federal policy constraints on the ability of the Secretary to address urban flooding, including— (A) the regulations under part 238 of title 33, Code of Federal Regulations (as in effect on the date of enactment of this Act); and (B) the limitation under section 238.7(a)(1) of that title (as in effect on the date of enactment of this Act) that allows the Secretary to provide assistance only where the flood discharge of a stream or waterway within an urban area is greater than 800 cubic feet per second for the 10-percent flood. 3504. Missouri River and tributaries at Kansas Cities, Missouri and Kansas (a) In general The project for flood damage reduction, Argentine, East Bottoms, Fairfax–Jersey Creek, and North Kansas Levees Units, Missouri River and tributaries at Kansas Cities, Missouri and Kansas, authorized by section 1001(28) of the Water Resources Development Act of 2007 (121 Stat. 1054), is modified to include the Armourdale and Central Industrial District Levee Units, to be carried out by the Secretary substantially in accordance with the plans, and subject to the conditions, described in the report of the Chief of Engineers, dated January 27, 2015, at an additional total cost of $328,110,000, with an estimated Federal cost of $213,271,500 and an estimated non-Federal cost of $114,838,500. (b) Single project The projects described in subsection (a) shall be considered a single project for budgeting purposes and shall not be subject to a new start decision or new investment decision. (c) Conforming amendment Item 2 of the table in section 1401(2) of the Water Infrastructure Improvements for the Nation Act (130 Stat. 1710) (relating to Armourdale and Central Industrial District Levee Units, Missouri River and Tributaries at Kansas Citys) is repealed. G River basins, watersheds, and coastal areas 3601. Long-term flood risk reduction, Upper Missouri River Basin, Snake River Basin, and Red River Basin Section 5 of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 33 U.S.C. 701n (f) Long-Term flood-Risk reduction (1) In general The Secretary shall provide assistance for the operation and maintenance of any project constructed under this section that, as determined by the Secretary, becomes permanent due to the extended presence of assistance from the Secretary under subsection (a). (2) No time limitation Notwithstanding any other provision of this section or any other law, the Secretary may provide assistance under this subsection for any period of time, as determined by the Secretary. (3) Cost-share The cost of operation and maintenance provided under this subsection for a project shall be subject to the cost-sharing provisions that would otherwise apply to such a project. (4) Termination The authority to provide assistance under this subsection terminates on the date that is 10 years after the date of enactment of the America's Water Infrastructure Act of 2018 . 3602. Sense of Congress relating to provision of resources for emergency infrastructure repairs It is the sense of Congress that the Secretary should use all existing authorities of the Secretary to accept and use resources provided by a non-Federal entity under section 1024 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2325a 3603. Sense of Congress on emergency management assistance It is the sense of Congress that the Secretary should provide technical assistance and other support to State emergency management agencies to assist in the development of handbooks for floodplain managers that— (1) include policies to help manage the risks of coastal and river flooding; and (2) consider coastal protection solutions that promote resilience, such as living shorelines, and regional sediment management. 3604. Great Lakes Fish and Wildlife Restoration Act of 1990 Section 1009 of the Great Lakes Fish and Wildlife Restoration Act of 1990 ( 16 U.S.C. 941g (a) In general There are authorized to be appropriated to the Director— (1) for fiscal year 2019— (A) $6,600,000 to implement fish and wildlife restoration proposals and regional projects selected by the Director under section 1005(d), of which— (i) not more than the lesser of 33 1/3 (ii) the lesser of 5 percent and $300,000 shall be allocated to the United States Fish and Wildlife Service to cover costs incurred in administering the proposals by any entity; and (B) $2,200,000, which shall be allocated for the activities of the Upper Great Lakes Fish and Wildlife Conservation Offices and the Lower Great Lakes Fish and Wildlife Conservation Office under section 1007; (2) for fiscal year 2020— (A) $7,200,000 to implement fish and wildlife restoration proposals and regional projects selected by the Director under section 1005(d), of which— (i) not more than the lesser of 33 1/3 (ii) the lesser of 5 percent and $300,000 shall be allocated to the United States Fish and Wildlife Service to cover costs incurred in administering the proposals by any entity; and (B) $2,400,000, which shall be allocated for the activities of the Upper Great Lakes Fish and Wildlife Conservation Offices and the Lower Great Lakes Fish and Wildlife Conservation Office under section 1007; and (3) for fiscal year 2021— (A) $7,800,000 to implement fish and wildlife restoration proposals and regional projects selected by the Director under section 1005(d), of which— (i) not more than the lesser of 33 1/3 (ii) the lesser of 5 percent and $300,000 shall be allocated to the United States Fish and Wildlife Service to cover costs incurred in administering the proposals by any entity; and (B) $2,600,000, which shall be allocated for the activities of the Upper Great Lakes Fish and Wildlife Conservation Offices and the Lower Great Lakes Fish and Wildlife Conservation Office under section 1007. . 3605. Great Lakes Restoration Initiative Section 118(c)(7)(J) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(c)(7)(J) (i) In general There are authorized to be appropriated to carry out this paragraph— (I) $330,000,000 for fiscal year 2019; (II) $360,000,000 for fiscal year 2020; and (III) $390,000,000 for fiscal year 2021. . 3606. Great Lakes Coastal Resiliency study The Secretary shall carry out the proposed Great Lakes coastal resiliency study under section 729 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2267a (1) to conduct an assessment of water resources needs in the Great Lakes; and (2) to prioritize efforts to study issues in the Great Lakes, including lake level fluctuations, erosion, flooding, nutrient runoff, aging infrastructure, and economic and recreational issues. 3607. Special rule for beach nourishment Section 156(e) of the Water Resources Development Act of 1976 (42 U.S.C. 1962d–5f(e)) is amended by striking the date of enactment of the Water Resources Reform and Development Act of 2014 the date of enactment of the America's Water Infrastructure Act of 2018 3608. Extension for certain coastal storm damage reduction programs Section 156(e) of the Water Resources Development Act of 1976 (42 U.S.C. 1962d–5f(e)) is amended by inserting or within the 5-year period beginning on the date of enactment of the America's Water Infrastructure Act of 2018 Water Resources Reform and Development Act of 2014 3609. Snake River Basin flood prevention action plan (a) In general As soon as practicable after the date of enactment of this Act, the Secretary, in consultation with the Commissioner of Reclamation, shall develop a flood prevention action plan for each State or portion of a State within the Snake River Basin. (b) Requirements A flood prevention action plan under subsection (a) shall— (1) focus on the areas most likely to experience flooding within the next 2 years; (2) include steps to manage and reduce flood risks within the Snake River Basin; and (3) include a description of the actions the Secretary and the Commissioner of Reclamation plan to take to improve coordination with local stakeholders to help manage and reduce flood risks in the areas described in paragraph (1). (c) Submission Not later than 180 days after the date of enactment of this Act, after coordinating with local stakeholders, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the flood prevention plans developed under subsection (a). 3610. Authorization of appropriations for Columbia River Basin restoration Section 123(d) of the Federal Water Pollution Control Act ( 33 U.S.C. 1275(d) (6) Authorization of appropriations There are authorized to be appropriated to carry out this subsection— (A) $5,000,000 for fiscal year 2019; and (B) $30,000,000 for each of fiscal years 2020 and 2021. . H Environmental management 3701. Reauthorization of Rio Grande environmental management program Section 5056(f) of the Water Resources Development Act of 2007 (121 Stat. 1214; 128 Stat. 1315) is amended by striking each of fiscal years 2008 through 2019 each of fiscal years 2008 through 2021 3702. Amendments to Long Island Sound programs (a) Long Island Sound restoration program Section 119 of the Federal Water Pollution Control Act ( 33 U.S.C. 1269 (1) in subsection (b), by striking the subsection designation and heading and all that follows through The Office shall (b) Office (1) Establishment The Administrator shall— (A) continue to carry out the conference study; and (B) establish an office, to be located on or near Long Island Sound. (2) Administration and staffing The Office shall ; (2) in subsection (c)— (A) in the matter preceding paragraph (1), by striking Management Conference of the Long Island Sound Study conference study (B) in paragraph (2)— (i) in each of subparagraphs (A) through (G), by striking the commas at the end of the subparagraphs and inserting semicolons; (ii) in subparagraph (H), by striking , and (iii) in subparagraph (I), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: (J) environmental impacts on the Long Island Sound watershed, including— (i) the identification and assessment of vulnerabilities in the watershed; (ii) the development and implementation of adaptation strategies to reduce those vulnerabilities; and (iii) the identification and assessment of the impacts of sea level rise on water quality, habitat, and infrastructure; and (K) planning initiatives for Long Island Sound that identify the areas that are most suitable for various types or classes of activities in order to reduce conflicts among uses, reduce adverse environmental impacts, facilitate compatible uses, or preserve critical ecosystem services to meet economic, environmental, security, or social objectives; ; (C) by striking paragraph (4) and inserting the following: (4) develop and implement strategies to increase public education and awareness with respect to the ecological health and water quality conditions of Long Island Sound; ; (D) in paragraph (5), by inserting study conference (E) in paragraph (6)— (i) by inserting (including on the Internet) the public (ii) by inserting study conference (F) by striking paragraph (7) and inserting the following: (7) monitor the progress made toward meeting the identified goals, actions, and schedules of the Comprehensive Conservation and Management Plan, including through the implementation and support of a monitoring system for the ecological health and water quality conditions of Long Island Sound; and ; (3) in subsection (d)(3), in the second sentence, by striking 50 per centum 60 percent (4) by redesignating subsection (f) as subsection (i); and (5) by inserting after subsection (e) the following: (f) Report (1) In general Not later than 2 years after the date of enactment of the America's Water Infrastructure Act of 2018 (A) summarizes and assesses the progress made by the Office and the Long Island Sound States in implementing the Long Island Sound Comprehensive Conservation and Management Plan, including an assessment of the progress made toward meeting the performance goals and milestones contained in the Plan; (B) assesses the key ecological attributes that reflect the health of the ecosystem of the Long Island Sound watershed; (C) describes any substantive modifications to the Long Island Sound Comprehensive Conservation and Management Plan made during the 2-year period preceding the date of submission of the report; (D) provides specific recommendations to improve progress in restoring and protecting the Long Island Sound watershed, including, as appropriate, proposed modifications to the Long Island Sound Comprehensive Conservation and Management Plan; (E) identifies priority actions for implementation of the Long Island Sound Comprehensive Conservation and Management Plan for the 2-year period following the date of submission of the report; and (F) describes the means by which Federal funding and actions will be coordinated with the actions of the Long Island Sound States and other entities. (2) Public availability The Administrator shall make the report described in paragraph (1) available to the public, including on the Internet. (g) Annual budget plan The President shall submit, together with the annual budget of the United States Government submitted under section 1105(a) of title 31, United States Code, information regarding each Federal department and agency involved in the protection and restoration of the Long Island Sound watershed, including— (1) an interagency crosscut budget that displays for each department and agency— (A) the amount obligated during the preceding fiscal year for protection and restoration projects and studies relating to the watershed; (B) the estimated budget for the current fiscal year for protection and restoration projects and studies relating to the watershed; and (C) the proposed budget for succeeding fiscal years for protection and restoration projects and studies relating to the watershed; and (2) a summary of any proposed modifications to the Long Island Sound Comprehensive Conservation and Management Plan for the following fiscal year. (h) Federal entities (1) Coordination The Administrator shall coordinate the actions of all Federal departments and agencies that impact water quality in the Long Island Sound watershed in order to improve the water quality and living resources of the watershed. (2) Methods In carrying out this section, the Administrator, acting through the Director of the Office, may— (A) enter into interagency agreements; and (B) make intergovernmental personnel appointments. (3) Federal participation in watershed planning A Federal department or agency that owns or occupies real property, or carries out activities, within the Long Island Sound watershed shall participate in regional and subwatershed planning, protection, and restoration activities with respect to the watershed. (4) Consistency with comprehensive conservation and management plan To the maximum extent practicable, the head of each Federal department and agency that owns or occupies real property, or carries out activities, within the Long Island Sound watershed shall ensure that the property and all activities carried out by the department or agency are consistent with the Long Island Sound Comprehensive Conservation and Management Plan (including any related subsequent agreements and plans). . (b) Long Island Sound stewardship program (1) Long Island Sound Stewardship Advisory Committee Section 8 of the Long Island Sound Stewardship Act of 2006 ( 33 U.S.C. 1269 Public Law 109–359 (A) in subsection (g), by striking 2011 2021 (B) by adding at the end the following: (h) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to— (1) the Advisory Committee; or (2) any board, committee, or other group established under this Act. . (2) Reports Section 9(b)(1) of the Long Island Sound Stewardship Act of 2006 ( 33 U.S.C. 1269 Public Law 109–359 fiscal years 2007 through 2011 fiscal years 2019 through 2021 (3) Authorization Section 11 of the Long Island Sound Stewardship Act of 2006 ( 33 U.S.C. 1269 Public Law 109–359 (A) by striking subsection (a); (B) by redesignating subsections (b) through (d) as subsections (a) through (c), respectively; and (C) in subsection (a) (as so redesignated), by striking under this section each to carry out this Act for a (4) Effective date The amendments made by this subsection take effect on October 1, 2018. (c) Reauthorization of Long Island Sound programs (1) In general There are authorized to be appropriated to the Administrator of the Environmental Protection Agency such sums as are necessary for each of fiscal years 2019 through 2021 for the implementation of— (A) section 119 of the Federal Water Pollution Control Act ( 33 U.S.C. 1269 (B) the Long Island Sound Stewardship Act of 2006 ( 33 U.S.C. 1269 Public Law 109–359 (2) Long Island Sound grants There is authorized to be appropriated to the Administrator of the Environmental Protection Agency to carry out section 119(d) of the Federal Water Pollution Control Act ( 33 U.S.C. 1269(d) (3) Long Island Sound stewardship grants There is authorized to be appropriated to the Administrator of the Environmental Protection Agency to carry out the Long Island Sound Stewardship Act of 2006 ( 33 U.S.C. 1269 Public Law 109–359 3703. Sense of Congress relating to the Caño Martín Peña ecosystem restoration project It is the sense of Congress that the Secretary should advance the project for ecosystem restoration, Caño Martín Peña, Puerto Rico. I Tribal programs 3801. Inflation adjustment of cost-sharing provisions for territories and Indian Tribes Section 1156(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2310(b) the date of enactment of this subsection the date of enactment of the America's Water Infrastructure Act of 2018 3802. Tribal Partnership Program Section 203(b)(4) of the Water Resources Development Act of 2000 ( 33 U.S.C. 2269(b)(4) $10,000,000 $15,000,000 3803. Blackfeet water rights settlement (a) Authorization for appropriations Section 3718 of the Water Infrastructure Improvements for the Nation Act (130 Stat. 1838) is amended by adding at the end the following: (c) Blackfeet water rights settlement Notwithstanding sections 3716(e) and 3717(e), to the extent funds have been appropriated, 50 percent of the amounts appropriated to the Blackfeet Settlement Trust Fund and 50 percent of the amounts appropriated to the Blackfeet Water Settlement Implementation Fund under this section shall be available to the Tribe and the Secretary in a manner consistent with this title on the execution of the waivers and releases under section 3720(a). . (b) Waiver and release of claims Section 3720 of the Water Infrastructure Improvements for the Nation Act (130 Stat. 1839) is amended— (1) in subsection (a)(3)(B), by striking section 3706 section 6 (2) in subsection (h), in the matter preceding paragraph (1), by striking January 21, 2026 January 21, 2025 3804. Bonneville Dam, Oregon (a) In general The Secretary, in consultation with the Secretary of the Interior, shall examine and assess the extent to which Indians (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (b) Inclusion The examination and assessment under subsection (a) may include assessments relating to housing and related facilities. (c) Assistance If the Secretary determines, based on the examination and assessment under subsection (a), that assistance is required, the Secretary may use all existing authorities of the Secretary to provide assistance to Indians that have been displaced as a result of the construction of the Bonneville Dam, Oregon. (d) Tribal assistance Section 1178(c)(1)(A) of the Water Infrastructure Improvements for the Nation Act (130 Stat. 1675) is amended by striking Upon the request of the Secretary of the Interior, the Secretary may provide assistance The Secretary, in consultation with the Secretary of the Interior, may provide assistance 3805. John Day Dam, Oregon (a) In general The Secretary, in consultation with the Secretary of the Interior, shall examine and assess the extent to which Indians (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (b) Inclusion The examination and assessment under subsection (a) may include assessments relating to housing and related facilities. (c) Assistance If the Secretary determines, based on the examination and assessment under subsection (a), that assistance is required, the Secretary may use all existing authorities of the Secretary to provide assistance to Indians that have been displaced as a result of the construction of the John Day Dam, Oregon. 3806. Dalles Dam, Oregon (a) In general The Secretary, in consultation with the Secretary of the Interior, shall complete a village development plan for any Indian village (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (b) Requirements The village development plan under subsection (a) shall include an estimated cost and tentative schedule for the construction of a replacement village. 3807. Indian irrigation fund reauthorization (a) Deposits to funds Section 3212(a) of the Water Infrastructure Improvements for the Nation Act (130 Stat. 1750) is amended by striking each of fiscal years 2017 through 2021 each of fiscal years 2017 through 2028 (b) Expenditures from fund Section 3213(a) of the Water Infrastructure Improvements for the Nation Act (130 Stat. 1750) is amended in the matter preceding paragraph (1) by striking each of fiscal years 2017 through 2021 each of fiscal years 2017 through 2028 (c) Termination Section 3216 of the Water Infrastructure Improvements for the Nation Act (130 Stat. 1750) is amended in the matter preceding paragraph (1) by striking September 30, 2021 September 30, 2028 3808. Reauthorization of repair, replacement, and maintenance of certain Indian irrigation projects (a) In general Section 3221(b) of the Water Infrastructure Improvements for the Nation Act (130 Stat. 1751) is amended in the matter preceding paragraph (1) by striking each of fiscal years 2017 through 2021 each of fiscal years 2017 through 2028 (b) Status report on certain projects Section 3224(d) of the Water Infrastructure Improvements for the Nation Act (130 Stat. 1753) is amended in the matter preceding paragraph (1) by striking fiscal year 2021 fiscal year 2028 (c) Allocation among projects Section 3226 of the Water Infrastructure Improvements for the Nation Act (130 Stat. 1753) is amended— (1) in subsection (a), by striking each of fiscal years 2017 through 2021 each of fiscal years 2017 through 2028 (2) in subsection (b), by striking the day before the date of enactment of this Act the day before the date of enactment of the America's Water Infrastructure Act of 2018 3809. Indian dam safety reauthorization Section 3101 of the Water Infrastructure Improvements for the Nation Act ( 25 U.S.C. 3805 (1) by striking each of fiscal years 2017 through 2023 each of fiscal years 2017 through 2030 (2) in subsection (b)— (A) in paragraph (1)(F), in the matter preceding clause (i), by striking September 30, 2023 September 30, 2030 (B) in paragraph (2)(F), in the matter preceding clause (i), by striking September 30, 2023 September 30, 2030 (3) in subsection (f)— (A) in paragraph (2), by striking 4 years 11 years (B) in paragraph (3), by striking each of fiscal years 2017, 2018, and 2019 each of fiscal years 2017 through 2026 3810. GAO report on Alaska Native village relocation efforts due to flooding and erosion threats (a) Definition of Alaska Native village In this section, the term Alaska Native village 43 U.S.C. 1602 (b) Report The Comptroller General of the United States (referred to in this section as the Comptroller General Alaska Native Villages: Limited Progress Has Been Made on Relocating Villages Threatened by Flooding and Erosion (c) Inclusions The report under subsection (b) shall include— (1) a summary of flooding and erosion threats to Alaska Native villages throughout the State of Alaska, based on information from— (A) the Corps of Engineers; (B) the Denali Commission; and (C) any other relevant sources of information as the Comptroller General determines to be appropriate; (2) the status of efforts to relocate Alaska Native villages due to flooding and erosion threats; and (3) any other issues relating to flooding and erosion threats to, or relocation of, Alaska Native villages, as the Comptroller General determines to be appropriate. IV Sense of Congress relating to certain proj­ects 4001. Sense of Congress relating to certain projects (a) In general It is the sense of Congress that— (1) the projects described in subsection (b) are valuable; and (2) the Corps of Engineers should expeditiously complete the post-authorization change report or report of the Chief of Engineers, as applicable, for each of those projects by the end of 2018. (b) Projects described The projects referred to in subsection (a) are each of the following: (1) Projects for which a report of the Chief of Engineers is expected (A) The project for flood risk management, Lower San Joaquin River, California. (B) The project for coastal storm risk management, Pawcatuck River, Rhode Island, authorized in the matter under the heading Investigations Corps of Engineers—Civil Department of the Army Public Law 113–2 (C) The project for coastal storm risk management, Hashamomuck Cove, New York, authorized in the matter under the heading Investigations Corps of Engineers—Civil Department of the Army Public Law 113–2 (D) The project for coastal storm risk management and utilization of dredged material, Delaware River, Delaware, New Jersey, and Pennsylvania, authorized in the matter under the heading Investigations Corps of Engineers—Civil Department of the Army Public Law 113–2 (E) The project for navigation, Seattle Harbor, Washington, carried out under section 216 of the Flood Control Act of 1970 ( 33 U.S.C. 549a (F) The project for navigation, Elizabeth River and Southern Branch, Virginia, carried out under section 216 of the Flood Control Act of 1970 ( 33 U.S.C. 549a (G) The project for navigation, Three Rivers, Arkansas, carried out under section 216 of the Flood Control Act of 1970 ( 33 U.S.C. 549a (H) The project for navigation, San Juan Harbor, Puerto Rico, described in the study authorized by the resolution adopted by the Committee on Transportation and Infrastructure of the House of Representatives on September 20, 2006. (I) The project for flood risk management and ecosystem restoration, Española Valley, Rio Grande and tributaries, New Mexico, described in the study authorized by the resolution adopted by the Committee on Environment and Public Works of the Senate on December 10, 2009. (J) The project for ecosystem restoration, Resacas at Brownsville, Texas, carried out under section 206 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330 (K) The project for flood control, navigation, and ecosystem restoration, Anacostia Watershed, Prince George's County, Maryland, described in the study authorized by the resolution adopted by the Committee on Public Works and Transportation of the House of Representatives on September 8, 1988. (L) The project for flood control, Willamette River Basin, Oregon, described in the Willamette River Basin Review Study authorized by the resolution adopted by the Committee on Public Works and Transportation of the House of Representatives on September 8, 1988. (M) The project for flood risk management and coastal storm risk management, Norfolk, Virginia, authorized in the matter under the heading Investigations Corps of Engineers—Civil Department of the Army Public Law 113–2 (N) The project for flood risk management, Armourdale and Central Industrial District Levee Units, Missouri River and Tributaries at Kansas City, Kansas, authorized by section 1401(2) of the Water Infrastructure Improvements for the Nation Act (130 Stat. 1711) (as modified by section 3504). (O) The project for navigation and hurricane and storm damage reduction, Houma, Louisiana, authorized by section 1001(24)(B) of the Water Resources Development Act of 2007 (121 Stat. 1053). (P) The project for flood risk management, Souris River Basin, Minot, North Dakota, authorized by section 209 of the Flood Control Act of 1966 (80 Stat. 1423). (Q) The project for ecosystem restoration, Delta Islands and Levees, California, described in the study authorized by— (i) the resolution adopted by the Committee on Public Works of the Senate on June 1, 1948; (ii) the resolution adopted by the Committee on Public Works of the House of Representatives on May 8, 1948; and (iii) House Report 108–357, accompanying the Energy and Water Development Appropriations Act, 2004 ( Public Law 108–137 (2) Projects for which a post-authorization change report is expected (A) The project for navigation, Chickamauga Lock, Tennessee, authorized by section 114 of the Energy and Water Development Appropriations Act, 2003 ( Public Law 108–7 (B) The project for ecosystem restoration, South Florida, Florida, authorized by section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680). (C) The project for navigation, Freeport Harbor, Texas, carried out under section 216 of the Flood Control Act of 1970 ( 33 U.S.C. 549a (D) The project for Soo Locks, Sault Sainte Marie, Michigan, authorized by section 1149 of the Water Resources Development Act of 1986 (100 Stat. 4254; 121 Stat. 1131). (E) The project for ecosystem restoration, Central Everglades, Florida, authorized by section 1401(4) of the Water Infrastructure Improvements for the Nation Act (130 Stat. 1713). (F) The project for water supply and ecosystem restoration, Howard A. Hanson Dam, Washington, authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 180) and modified by section 101(b)(15) of the Water Resources Development Act of 1999 (113 Stat. 281). (G) The project for ecosystem restoration, Kissimmee River, Florida, authorized by section 101(8) of the Water Resources Development Act of 1992 (106 Stat. 4802). (H) The project for flood risk management, Green Brook Sub-Basin, Raritan River Basin, New Jersey, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4119). (I) The project for shore protection and harbor mitigation, Fort Pierce Beach, Florida, authorized by section 301 of the River and Harbor Act of 1965 (79 Stat. 1092), section 102 of the River and Harbor Act of 1968 (82 Stat. 732), and section 506(a)(2) of the Water Resources Development Act of 1996 (110 Stat. 3757), and modified by section 313 of the Water Resources Development Act of 1999 (113 Stat. 301). (J) The project for flood control, McMicken Dam, Arizona, authorized by section 304 of the Act of August 7, 1953 (67 Stat. 450, chapter 342). (K) The project for flood protection, Cave Buttes Dam, Arizona, authorized by section 204 of the Flood Control Act of 1965 (79 Stat. 1083). (L) The project for navigation, Norfolk Harbor and Channels, Virginia, authorized by section 201(a) of the Water Resources Development Act of 1986 (100 Stat. 4090). V EPA-related provisions 5001. Stormwater infrastructure funding task force (a) In general Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator (1) municipalities are able to identify appropriate funding sources; and (2) funding is— (A) available in all States; (B) affordable (based on the integrated planning guidelines described in the Integrated Municipal Stormwater and Wastewater Planning Approach Framework, issued by the Environmental Protection Agency and dated June 5, 2012); and (C) sufficient to support capital expenditures and long-term operation and maintenance costs. (b) Report Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a report that describes the results of the study under subsection (a). 5002. Reauthorization of the Water Infrastructure Finance and Innovation Act Section 5033 of the Water Infrastructure Finance and Innovation Act of 2014 ( 33 U.S.C. 3912 (1) in subsection (a)(5), by striking for fiscal year 2019 for each of fiscal years 2019 through 2021 (2) in subsection (b), by striking for each of fiscal years 2015 through 2019 for each of fiscal years 2015 through 2021 5003. Indian reservation drinking water and wastewater pilot program (a) In general Subject to the availability of appropriations, the Administrator of the Environmental Protection Agency shall carry out a pilot program to implement— (1) 10 eligible projects described in subsection (b) that are within the Upper Missouri River Basin; and (2) 10 eligible projects described in subsection (b) that are within the Upper Rio Grande Basin. (b) Eligible projects A project eligible to participate in the pilot program under subsection (a) is a project— (1) that is on a reservation (as defined in section 3 of the Indian Financing Act of 1974 ( 25 U.S.C. 1452 (2) the purpose of which is— (A) to connect, expand, or repair existing drinking water lines or water towers in order to improve water quality, pressure, or services; or (B) to replace or refurbish wastewater lagoons that are insufficient for current or near-term community needs or economic growth. (c) Requirement In carrying out the pilot program under subsection (a)(1), the Administrator of the Environmental Protection Agency shall select not less than 1 eligible project for a reservation that serves more than 1 federally recognized Indian Tribe. 5004. Technical assistance for treatment works (a) In general Title II of the Federal Water Pollution Control Act ( 33 U.S.C. 1281 222. Technical assistance for small treatment works (a) Definitions In this section: (1) Qualified nonprofit small treatment works technical assistance provider The term qualified nonprofit small treatment works technical assistance provider (A) is qualified and experienced in providing training and technical assistance to small treatment works; and (B) the small treatment works in the State finds to be the most beneficial and effective. (2) Small treatment works The term small treatment works (b) Technical assistance The Administrator may use amounts made available to carry out this section to provide grants or cooperative agreements to qualified nonprofit small treatment works technical assistance providers to provide to owners and operators of small treatment works onsite technical assistance, circuit rider technical assistance programs, multi-State, regional technical assistance programs, and onsite and regional training, to assist the small treatment works in achieving compliance with this Act or obtaining financing under this Act for eligible projects. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section for grants for small treatment works technical assistance, $15,000,000 for each of fiscal years 2019 through 2021. 223. Technical assistance for medium treatment works (a) Definitions In this section: (1) Medium treatment works The term medium treatment works (2) Qualified nonprofit medium treatment works technical assistance provider The term qualified nonprofit medium treatment works technical assistance provider (b) Technical assistance The Administrator may use amounts made available to carry out this section to provide grants or cooperative agreements to qualified nonprofit medium treatment works technical assistance providers to provide to owners and operators of medium treatment works onsite technical assistance, circuit-rider technical assistance programs, multi-State, regional technical assistance programs, and onsite and regional training to assist medium treatment works that are facing difficulty in achieving compliance with this Act or obtaining financing under this Act for eligible projects. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2019 through 2021. . (b) Water pollution control revolving loan funds (1) In general Section 603 of the Federal Water Pollution Control Act ( 33 U.S.C. 1383 (A) in subsection (d)— (i) in the matter preceding paragraph (1), by inserting and as provided in subsection (e) State law (ii) by redesignating subsections (e) through (i) as subsections (f) through (j), respectively; and (iii) by inserting after subsection (d) the following: (e) Additional use of funds A State may use an additional 2 percent of the funds annually allotted to the State under this section for qualified nonprofit small treatment works technical assistance providers (as the term is defined in section 222) and qualified nonprofit medium treatment works technical assistance providers (as the term in defined in section 223) to provide technical assistance to small treatment works (as the term is defined in section 222) and medium treatment works (as the term is defined in section 223) in the State. . (2) Conforming amendment Section 221(d) of the Federal Water Pollution Control Act ( 33 U.S.C. 1301(d) section 603(h) section 603(i) 5005. Clean, safe, reliable water infrastructure (a) Drinking water infrastructure (1) Other authorized activities Section 1452(k) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(k) (A) in paragraph (1)(D), by inserting and the implementation of plans to protect source water identified in a source water assessment under section 1453 (B) in paragraph (2)(E), by inserting and implement plans to protect source water identified in a source water assessment under section 1453 wellhead protection programs (2) Negotiation of contracts Section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 (s) Negotiation of contracts For communities with populations of more than 10,000 individuals, a contract to be carried out using funds directly made available by a capitalization grant under this section for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural or related services shall be negotiated in the same manner as— (1) a contract for architectural and engineering services is negotiated under chapter 11 (2) an equivalent State qualifications-based requirement (as determined by the Governor of the State). . (3) WaterSense program The Safe Drinking Water Act ( 42 U.S.C. 300j G Additional provisions 1471. WaterSense program (a) Establishment of WaterSense program (1) In general There is established within the Agency a voluntary WaterSense program to identify and promote water-efficient products, buildings, landscapes, facilities, processes, and services that, through voluntary labeling of, or other forms of communications regarding, products, buildings, landscapes, facilities, processes, and services while meeting strict performance criteria, sensibly— (A) reduce water use; (B) reduce the strain on public and community water systems and wastewater and stormwater infrastructure; (C) conserve energy used to pump, heat, transport, and treat water; and (D) preserve water resources for future generations. (2) Inclusions The Administrator shall, consistent with this section, identify water-efficient products, buildings, landscapes, facilities, processes, and services, including categories such as— (A) irrigation technologies and services; (B) point-of-use water treatment devices; (C) plumbing products; (D) reuse and recycling technologies; (E) landscaping and gardening products, including moisture control or water enhancing technologies; (F) xeriscaping and other landscape conversions that reduce water use; (G) whole house humidifiers; and (H) water-efficient buildings or facilities. (b) Duties The Administrator, coordinating as appropriate with the Secretary of Energy, shall— (1) establish— (A) a WaterSense label to be used for items meeting the certification criteria established in accordance with this section; and (B) the procedure, including the methods and means, and criteria by which an item may be certified to display the WaterSense label; (2) enhance public awareness regarding the WaterSense label through outreach, education, and other means; (3) preserve the integrity of the WaterSense label by— (A) establishing and maintaining feasible performance criteria so that products, buildings, landscapes, facilities, processes, and services labeled with the WaterSense label perform as well or better than less water-efficient counterparts; (B) overseeing WaterSense certifications made by third parties, which shall be independent third-party product certification bodies accredited by an accreditation entity domiciled in the United States, such as the American National Standards Institute, as achieving— (i) the requirements described in the document of the International Organization for Standardization and the International Electrotechnical Commission entitled ISO/IEC 17065 Conformity assessment—Requirements for bodies certifying products, processes and services (ii) the applicable WaterSense requirements; (C) as determined appropriate by the Administrator, using testing protocols, from the appropriate, applicable, and relevant consensus standards, for the purpose of determining standards compliance; and (D) auditing the use of the WaterSense label in the marketplace and preventing cases of misuse; (4) not more frequently than every 6 years after adoption or major revision of any WaterSense specification, review and, if appropriate, revise the specification to achieve additional water savings; (5) in revising a WaterSense specification— (A) provide reasonable notice to interested parties and the public of any changes, including effective dates, and an explanation of the changes; (B) solicit comments from interested parties and the public prior to any changes; (C) as appropriate, respond to comments submitted by interested parties and the public; and (D) provide an appropriate transition time prior to the applicable effective date of any changes, taking into account the timing necessary for the manufacture, marketing, training, and distribution of the specific water-efficient product, building, landscape, process, or service category being addressed; and (6) not later than December 31, 2019, consider for review and revision any WaterSense specification adopted before January 1, 2012. (c) Transparency The Administrator shall, to the maximum extent practicable and not less than annually, regularly estimate and make available to the public savings of water, energy, and capital costs of water, wastewater, and stormwater attributable to the use of WaterSense-labeled products, buildings, landscapes, facilities, processes, and services. (d) Distinction of authorities In setting or maintaining specifications for Energy Star pursuant to section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a (e) No warranty A WaterSense label shall not create an express or implied warranty. . (b) Sewer overflow control grants Section 221 of the Federal Water Pollution Control Act ( 33 U.S.C. 1301 (1) in subsection (a), by striking the subsection designation and heading and all that follows through subject to subsection (g), the Administrator may (a) Authority The Administrator may— (1) make grants to States for the purpose of providing grants to a municipality or municipal entity for planning, designing, and constructing— (A) treatment works to intercept, transport, control, or treat municipal combined sewer overflows and sanitary sewer overflows; and (B) measures to manage, reduce, treat, or recapture stormwater or subsurface drainage water; and (2) subject to subsection (g), ; (2) in subsection (b)— (A) in paragraph (1), by striking the semicolon at the end and inserting ; or (B) by striking paragraphs (2) and (3); and (C) by redesignating paragraph (4) as paragraph (2); (3) by striking subsections (e) through (g) and inserting the following: (e) Administrative requirements (1) In general Subject to paragraph (2), a project that receives grant assistance under subsection (a) shall be carried out subject to the same requirements as a project that receives assistance from a State water pollution control revolving fund established pursuant to title VI. (2) Determination of governor The requirement described in paragraph (1) shall not apply to a project that receives grant assistance under subsection (a) to the extent that the Governor of the State in which the project is located determines that a requirement described in title VI is inconsistent with the purposes of this section. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $225,000,000 for each of fiscal years 2019 and 2020, to remain available until expended. (g) Allocation of funds For each of fiscal years 2019 and 2020, subject to subsection (h), the Administrator shall use the amounts made available to carry out this section to provide grants to municipalities and municipal entities under subsection (a)(2)— (1) in accordance with the priority criteria described in subsection (b); and (2) with additional priority given to proposed projects that involve the use of— (A) nonstructural, low-impact development; (B) water conservation, efficiency, or reuse; or (C) other decentralized stormwater or wastewater approaches to minimize flows into the sewer systems. ; and (4) by striking subsection (i). 5006. Water infrastructure flexibility (a) Definition of Administrator In this section, the term Administrator (b) Integrated plans (1) Integrated plans Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 (s) Integrated plan permits (1) Definitions In this subsection: (A) Green infrastructure The term green infrastructure (B) Integrated plan The term integrated plan (C) Municipal discharge (i) In general The term municipal discharge (ii) Inclusion The term municipal discharge (2) Integrated plan (A) In general The Administrator (or a State, in the case of a permit program approved under subsection (b)) shall inform a municipal permittee or multiple municipal permittees of the opportunity to develop an integrated plan. (B) Scope of permit incorporating integrated plan A permit issued under this subsection that incorporates an integrated plan may integrate all requirements under this Act addressed in the integrated plan, including requirements relating to— (i) a combined sewer overflow; (ii) a capacity, management, operation, and maintenance program for sanitary sewer collection systems; (iii) a municipal stormwater discharge; (iv) a municipal wastewater discharge; and (v) a water quality-based effluent limitation to implement an applicable wasteload allocation in a total maximum daily load. (3) Compliance schedules (A) In general A permit for a municipal discharge by a municipality that incorporates an integrated plan may include a schedule of compliance, under which actions taken to meet any applicable water quality-based effluent limitation may be implemented over more than 1 permit term if the compliance schedules are authorized by State water quality standards. (B) Inclusion Actions subject to a compliance schedule under subparagraph (A) may include green infrastructure if implemented as part of a water quality-based effluent limitation. (C) Review A schedule of compliance may be reviewed each time the permit is renewed. (4) Existing authorities retained (A) Applicable standards Nothing in this subsection modifies any obligation to comply with applicable technology and water quality-based effluent limitations under this Act. (B) Flexibility Nothing in this subsection reduces or eliminates any flexibility available under this Act, including the authority of— (i) a State to revise a water quality standard after a use attainability analysis under section 131.10(g) of title 40, Code of Federal Regulations (or a successor regulation), subject to the approval of the Administrator under section 303(c); and (ii) the Administrator or a State to authorize a schedule of compliance that extends beyond the date of expiration of a permit term if the schedule of compliance meets the requirements of section 122.47 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this subsection). (5) Clarification of State authority (A) In general Nothing in section 301(b)(1)(C) precludes a State from authorizing in the water quality standards of the State the issuance of a schedule of compliance to meet water quality-based effluent limitations in permits that incorporate provisions of an integrated plan. (B) Transition rule In any case in which a discharge is subject to a judicial order or consent decree as of the date of enactment of the America's Water Infrastructure Act of 2018 . (2) Municipal ombudsman (A) Establishment There is established within the Office of the Administrator an Office of the Municipal Ombudsman. (B) General duties The duties of the municipal ombudsman shall include the provision of— (i) technical assistance to municipalities seeking to comply with the Federal Water Pollution Control Act ( 33 U.S.C. 1251 42 U.S.C. 300f (ii) information to the Administrator to help the Administrator ensure that agency policies are implemented by all offices of the Environmental Protection Agency, including regional offices. (C) Actions required The municipal ombudsman shall work with appropriate offices at the headquarters and regional offices of the Environmental Protection Agency to ensure that the municipality seeking assistance is provided information— (i) about available Federal financial assistance for which the municipality is eligible; (ii) about flexibility available under the Federal Water Pollution Control Act 33 U.S.C. 1251 42 U.S.C. 300f (iii) regarding the opportunity to develop an integrated plan, as defined in section 402(s)(1)(B) of the Federal Water Pollution Control Act (as added by paragraph (1)). (D) Information sharing The municipal ombudsman shall publish on the website of the Environmental Protection Agency— (i) general information relating to— (I) the technical assistance referred to in subparagraph (B)(i); (II) the financial assistance referred to in subparagraph (C)(i); (III) the flexibility referred to in subparagraph (C)(ii); and (IV) any resources related to integrated plans developed by the Administrator; and (ii) a copy of each permit, order, or judicial consent decree that implements or incorporates an integrated plan. (3) Municipal enforcement Section 309 of the Federal Water Pollution Control Act ( 33 U.S.C. 1319 (h) Implementation of integrated plans through enforcement tools (1) In general In conjunction with an enforcement action under subsection (a) or (b) relating to municipal discharges, the Administrator shall inform a municipality of the opportunity to develop an integrated plan (as defined in section 402(s)). (2) Modification Any municipality under an administrative order under subsection (a) or settlement agreement (including a judicial consent decree) under subsection (b) that has developed an integrated plan consistent with section 402(s) may request a modification of the administrative order or settlement agreement based on that integrated plan. . (4) Report to Congress Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report on each integrated plan developed and implemented through a permit, order, or judicial consent decree since the date of publication of the Integrated Municipal Stormwater and Wastewater Planning Approach Framework (c) Green infrastructure promotion Title V of the Federal Water Pollution Control Act ( 33 U.S.C. 1361 (1) by redesignating section 519 ( 33 U.S.C. 1251 (2) by inserting after section 518 ( 33 U.S.C. 1377 519. Environmental protection agency green infrastructure promotion (a) In general The Administrator shall ensure that the Office of Water, the Office of Enforcement and Compliance Assurance, the Office of Research and Development, and the Office of Policy of the Environmental Protection Agency promote the use of green infrastructure in and coordinate the integration of green infrastructure into, permitting programs, planning efforts, research, technical assistance, and funding guidance. (b) Duties The Administrator shall ensure that the Office of Water— (1) promotes the use of green infrastructure in the programs of the Environmental Protection Agency; and (2) coordinates efforts to increase the use of green infrastructure with— (A) other Federal departments and agencies; (B) State, tribal, and local governments; and (C) the private sector. (c) Regional green infrastructure promotion The Administrator shall direct each regional office of the Environmental Protection Agency, as appropriate based on local factors, and consistent with the requirements of this Act, to promote and integrate the use of green infrastructure within the region that includes— (1) outreach and training regarding green infrastructure implementation for State, tribal, and local governments, tribal communities, and the private sector; and (2) the incorporation of green infrastructure into permitting and other regulatory programs, codes, and ordinance development, including the requirements under consent decrees and settlement agreements in enforcement actions. (d) Green infrastructure information sharing The Administrator shall promote green infrastructure information sharing, including through an Internet website, to share information with, and provide technical assistance to, State, tribal, and local governments, tribal communities, the private sector, and the public regarding green infrastructure approaches for— (1) reducing water pollution; (2) protecting water resources; (3) complying with regulatory requirements; and (4) achieving other environmental, public health, and community goals. . (d) Financial capability guidance (1) Definitions In this subsection: (A) Affordability The term affordability (B) Financial capability The term financial capability (C) Guidance The term guidance Combined Sewer Overflows—Guidance for Financial Capability Assessment and Schedule Development Financial Capability Assessment Framework (2) Use of median household income The Administrator shall not use median household income as the sole indicator of affordability for a residential household. (3) Revised guidance (A) In general Not later than 1 year after the date of completion of the National Academy of Public Administration study to establish a definition and framework for community affordability required by Senate Report 114–70, accompanying S. 1645 (114th Congress), the Administrator shall revise the guidance described in paragraph (1)(C). (B) Use of guidance Beginning on the date on which the revised guidance referred to in subparagraph (A) is finalized, the Administrator shall use the revised guidance in lieu of the guidance described in paragraph (1)(C). (4) Consideration and consultation (A) Consideration In revising the guidance, the Administrator shall consider— (i) the recommendations of the study referred to in paragraph (3)(A) and any other relevant study, as determined by the Administrator; (ii) local economic conditions, including site-specific local conditions that should be taken into consideration in analyzing financial capability; (iii) other essential community investments; (iv) potential adverse impacts on distressed populations, including the percentage of low-income ratepayers within the service area of a utility and impacts in communities with disparate economic conditions throughout the entire service area of a utility; (v) the degree to which rates of low-income consumers would be affected by water infrastructure investments, the use of rate structures, and customer assistance programs to address the rates of low-income consumers; (vi) an evaluation of an array of factors, the relative importance of which may vary across regions and localities; and (vii) the appropriate weight for economic, public health, and environmental benefits. (B) Consultation Any revised guidance issued to replace the guidance shall be developed in consultation with stakeholders. (5) Publication and submission (A) In general On completion of the revision of the guidance, the Administrator shall publish in the Federal Register and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the revised guidance. (B) Explanation If the Administrator makes a determination not to follow one or more recommendations of the study referred to in paragraph (3)(A), the Administrator shall include in the publication and submission under paragraph (1) an explanation of that decision. (6) Effect Nothing in this subsection preempts or interferes with any obligation to comply with any Federal law, including the Federal Water Pollution Control Act ( 33 U.S.C. 1251 5007. Water Resources Research Act amendments (a) Congressional findings and declarations Section 102 of the Water Resources Research Act of 1984 ( 42 U.S.C. 10301 (1) by redesignating paragraphs (7) through (9) as paragraphs (8) through (10), respectively; (2) in paragraph (8) (as so redesignated), by striking and (3) by inserting after paragraph (6) the following: (7) additional research is required into increasing the effectiveness and efficiency of new and existing treatment works through alternative approaches, including— (A) nonstructural alternatives; (B) decentralized approaches; (C) energy use efficiency; (D) water use efficiency; and (E) actions to extract energy from wastewater; . (b) Clarification of research activities Section 104(b)(1) of the Water Resources Research Act of 1984 ( 42 U.S.C. 10303(b)(1) (1) in subparagraph (B)(ii), by striking water-related phenomena water resources (2) in subparagraph (D), by striking the period at the end and inserting ; and (c) Compliance report Section 104(c) of the Water Resources Research Act of 1984 ( 42 U.S.C. 10303(c) (1) by striking (c) From the (c) Grants (1) In general From the ; and (2) by adding at the end the following: (2) Report Not later than December 31 of each fiscal year, the Secretary shall submit to the Committee on Environment and Public Works of the Senate, the Committee on the Budget of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on the Budget of the House of Representatives a report regarding the compliance of each funding recipient with this subsection for the immediately preceding fiscal year. . (d) Evaluation of water resources research program Section 104 of the Water Resources Research Act of 1984 ( 42 U.S.C. 10303 (e) Evaluation of water resources research program (1) In general The Secretary shall conduct a careful and detailed evaluation of each institute at least once every 3 years to determine— (A) the quality and relevance of the water resources research of the institute; (B) the effectiveness of the institute at producing measured results and applied water supply research; and (C) whether the effectiveness of the institute as an institution for planning, conducting, and arranging for research warrants continued support under this section. (2) Prohibition on further support If, as a result of an evaluation under paragraph (1), the Secretary determines that an institute does not qualify for further support under this section, no further grants to the institute may be provided until the qualifications of the institute are reestablished to the satisfaction of the Secretary. . (e) Authorization of appropriations Section 104(f)(1) of the Water Resources Research Act of 1984 ( 42 U.S.C. 10303(f)(1) $12,000,000 for each of fiscal years 2007 through 2011 $7,500,000 for each of fiscal years 2019 through 2021 (f) Additional appropriations where research focused on water problems of interstate nature Section 104(g)(1) of the Water Resources Research Act of 1984 ( 42 U.S.C. 10303(g)(1) $6,000,000 for each of fiscal years 2007 through 2011 $1,500,000 for each of fiscal years 2019 through 2021 5008. Study on intractable water systems Part E of the Safe Drinking Water Act ( 42 U.S.C. 300j 1459C. Study on intractable water systems (a) Definition of intractable water system In this section, the term intractable water system (1) that serves fewer than 1,000 individuals; and (2) the owner or operator of which— (A) is unable or unwilling to provide safe and adequate service to those individuals; (B) has abandoned or effectively abandoned the community water system or noncommunity water system, as applicable; (C) has defaulted on a financial obligation relating to the community water system or noncommunity water system, as applicable; (D) fails to maintain the facilities of the community water system or noncommunity water system, as applicable, in a manner so as to prevent a potential public health hazard; or (E) is in significant noncompliance with this Act or any regulation promulgated pursuant to this Act. (b) Study required (1) In general Not later than 2 years after the date of enactment of this section, the Administrator, in consultation with the Secretary of Agriculture and the Secretary of Health and Human Services, shall complete a study that— (A) identifies intractable water systems; and (B) describes barriers to delivery of potable water to individuals served by an intractable water system. (2) Report to congress Not later than 2 years after the date of enactment of this section, the Administrator shall submit to Congress a report describing findings and recommendations based on the study under this subsection. (c) Compliance incentive Section 1414(h)(2) shall apply to any person carrying out a plan to address an intractable water system that is approved by— (1) in the case of a State with primary enforcement responsibility under section 1413, the State; or (2) in the case of a State that does not have primary enforcement responsibility, the Administrator. . 5009. National onsite wastewater recycling (a) Sense of Congress It is the sense of Congress that providing communities with the knowledge and resources necessary to fully use decentralized wastewater systems can provide affordable wastewater recycling and treatment to millions of people in the United States. (b) Definition of Administrator In this section, the term Administrator (c) Wastewater technology clearinghouse (1) In general The Administrator shall— (A) for each of the programs described in paragraph (2), update the information for those programs to include information on cost-effective and alternative wastewater recycling and treatment systems, including onsite and decentralized systems; and (B) disseminate to units of local government and nonprofit organizations seeking Federal funds for wastewater systems information on the cost effectiveness of alternative wastewater treatment and recycling systems, including onsite and decentralized systems. (2) Programs described The programs referred to in paragraph (1)(A) are programs that provide technical assistance for wastewater management, including— (A) programs for nonpoint source management under section 319 of the Federal Water Pollution Control Act ( 33 U.S.C. 1329 (B) the permit program for the disposal of sewer sludge under section 405 of the Federal Water Pollution Control Act ( 33 U.S.C. 1345 (C) technical assistance for small public water systems under section 1442(e) of the Safe Drinking Water Act ( 42 U.S.C. 300j–2(e) (D) other programs of the Administrator that provide technical assistance for wastewater management. (d) Alternative wastewater system certification (1) Clean Water State revolving funds Section 603 of the Federal Water Pollution Control Act ( 33 U.S.C. 1383 (k) Alternative wastewater system certification In providing assistance from the water pollution control revolving fund of the State established in accordance with this title for a project for a wastewater system serving a population of not more than 2,500, the State shall ensure that an entity receiving assistance from the water pollution control revolving fund of the State certifies that the entity has considered an individual or shared onsite, decentralized wastewater system as an alternative wastewater system. . (2) WIFIA Section 5028(a) of the Water Infrastructure Finance and Innovation Act of 2014 ( 33 U.S.C. 3907(a) (7) Alternative wastewater system certification In the case of a project carried out by the Administrator, the Administrator shall ensure that, for a project for a wastewater system serving a population of not more than 2,500, the eligible entity receiving financial assistance certifies that the eligible entity has considered an individual or shared onsite, decentralized wastewater system as an alternative wastewater system. . (3) Water and waste disposal loan & grant program Section 306(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a) (27) Alternative wastewater system certification The Secretary shall ensure that, for a wastewater project serving a population of not more than 2,500, the recipient of the financial assistance certifies that the recipient has considered an individual or shared onsite, decentralized wastewater system as an alternative wastewater system. . (e) Report to Congress Not later than 1 year after the date of enactment of this Act, and not less frequently than every 3 years thereafter, the Administrator shall submit to Congress a report that describes— (1) the amount of financial assistance provided by State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act ( 33 U.S.C. 1381 (2) the barriers impacting greater use of decentralized wastewater recycling technologies; (3) the cost-saving potential to communities and future infrastructure investments from further deployment of decentralized wastewater recycling technology; (4) the environmental benefits to the community and groundwater quality from additional investments in decentralized wastewater recycling; and (5) the actions taken by the Administrator to assist States in identifying eligible projects using decentralized wastewater recycling technology. 5010. Water infrastructure and workforce investment (a) Sense of Congress It is the sense of Congress that— (1) water and wastewater utilities provide a unique opportunity for access to stable, high-quality careers; (2) as water and wastewater utilities make critical investments in infrastructure, water and wastewater utilities can invest in the development of local workers and local small businesses to strengthen communities and ensure a strong pipeline of skilled and diverse workers for today and tomorrow; and (3) to further the goal of ensuring a strong pipeline of skilled and diverse workers in the water and wastewater utilities sector, Congress urges— (A) increased collaboration among Federal, State, and local governments; and (B) institutions of higher education, apprentice programs, high schools, and other community-based organizations to align workforce training programs and community resources with water and wastewater utilities to accelerate career pipelines and provide access to workforce opportunities. (b) Definition of intractable water system In this section, the term intractable water system 42 U.S.C. 300f (1) that serves fewer than 1,000 individuals; and (2) the owner or operator of which— (A) is unable or unwilling to provide safe and adequate service to those individuals; (B) has abandoned or effectively abandoned the community water system or noncommunity water system, as applicable; (C) has defaulted on a financial obligation relating to the community water system or noncommunity water system, as applicable; (D) fails to maintain the facilities of the community water system or noncommunity water system, as applicable, in a manner so as to prevent a potential public health hazard; or (E) is in significant noncompliance with the Safe Drinking Water Act ( 42 U.S.C. 300f (c) Innovative water infrastructure workforce development program (1) Grants authorized The Administrator of the Environmental Protection Agency (referred to in this section as the Administrator (2) Selection of grant recipients In awarding grants under paragraph (1), the Administrator or the Secretary, as applicable, shall, to the maximum extent practicable, select— (A) water utilities that— (i) are geographically diverse; (ii) address the workforce and human resources needs of large and small public water and wastewater utilities; (iii) address the workforce and human resources needs of urban and rural public water and wastewater utilities; (iv) advance training relating to construction, utility operations, treatment and distribution, green infrastructure, customer service, maintenance, and engineering; and (v) (I) have a high retiring workforce rate; or (II) are located in areas with a high unemployment rate; or (B) intractable water systems. (3) Use of funds Grants awarded under paragraph (1) may be used for activities such as— (A) targeted internship, apprenticeship, preapprenticeship, and post-secondary bridge programs for mission-critical skilled trades, in collaboration with labor organizations, community colleges, and other training and education institutions that provide— (i) on-the-job training; (ii) soft and hard skills development; (iii) test preparation for skilled trade apprenticeships; or (iv) other support services to facilitate post-secondary success; (B) kindergarten through 12th grade and young adult education programs that— (i) educate young people about the role of water and wastewater utilities in the communities of the young people; (ii) increase the career awareness and exposure of the young people to water utility careers through various work-based learning opportunities inside and outside the classroom; and (iii) connect young people to post-secondary career pathways related to water utilities; (C) regional industry and workforce development collaborations to identify water utility employment needs, map existing career pathways, support the development of curricula, facilitate the sharing of resources, and coordinate candidate development, staff preparedness efforts, and activities that engage and support— (i) water utilities employers; (ii) educational and training institutions; (iii) local community-based organizations; (iv) public workforce agencies; and (v) other related stakeholders; (D) integrated learning laboratories embedded in high schools or other secondary educational institutions that provide students with— (i) hands-on, contextualized learning opportunities; (ii) dual enrollment credit for post-secondary education and training programs; and (iii) direct connection to industry employers; and (E) leadership development, occupational training, mentoring, or cross-training programs that ensure that incumbent water and wastewater utilities workers are prepared for higher-level supervisory or management-level positions. (d) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. 5011. Sense of Congress relating to State revolving funds It is the sense of Congress that Congress should provide robust funding of capitalization grants to States to fund drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 33 U.S.C. 1381 5012. GAO study on WIFIA projects in small communities, rural communities, disadvantaged communities, and Tribal communities Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall— (1) conduct a study on how to create flexibility under the Water Infrastructure Finance and Innovation Act ( 33 U.S.C. 3901 (A) ways to improve access to assistance under that Act for those communities; and (B) how to lower the burden of applying for assistance under that Act for those communities; and (2) submit to Congress a report that describes the results of the study under paragraph (1).

Summary: America's Water Infrastructure Act of 2018 This bill requires the U.S. Army Corps of Engineers, each fiscal year, to submit to Congress a five-year budget and work plan for projects of national significance. Each Corps of Engineers district, each fiscal year, must submit a five-year budget and work plan for projects under its jurisdiction. Projects must be carried out in a sustainable manner that focuses on water resource challenges and opportunities, promotes collaboration, and pursues integrated water resource management. The bill reauthorizes provisions of the Water Resources Reform and Development Act of 2014 pertaining to expedited consideration of water resources infrastructure through 2024. The bill provides for: (1) the establishment of a Corps of Engineers Board of Appeals; and (2) various studies, modifications, and project authorizations and deauthorizations nationwide. The Environmental Protection Agency (EPA) shall establish a voluntary stormwater infrastructure funding task force to develop recommendations to improve the funding and financing of stormwater infrastructure. The Safe Drinking Water Act is amended to establish a voluntary WaterSense program to identify and promote water-efficient products, buildings, landscapes, facilities, processes, and services. The Water Infrastructure Finance and Innovation Act of 2014 is amended to authorize the EPA to provide financial assistance to state infrastructure financing authorities for state loan funds to carry out water and wastewater infrastructure projects. The EPA shall: (1) promote the use of green infrastructure; (2) carry out a Water Infrastructure Resiliency and Sustainability Program; and (3) appoint at least one employee in each regional office to serve as a liaison to minority, tribal, and low-income communities.