An act to provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, to provide for water pollution control activities, and for other purposes
PL 115-270 (S.3021), enacted 10/23/2018

132 STAT. 3765 
PUBLIC LAW 115–270—OCT. 23, 2018 
Public Law 115–270 
115th Congress 
An Act 
To provide for improvements to the rivers and harbors of the United States, to 
provide for the conservation and development of water and related resources, 
to provide for water pollution control activities, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as ‘‘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. 
TITLE I—WATER RESOURCES DEVELOPMENT 
Sec. 101. Short title. 
Sec. 102. Secretary defined. 
Subtitle A—General Provisions 
Sec. 1101. Sense of Congress regarding water resources development bills. 
Sec. 1102. Study of the future of the United States Army Corps of Engineers. 
Sec. 1103. Study on economic and budgetary analyses. 
Sec. 1104. Dissemination of information. 
Sec. 1105. Non-Federal engagement and review. 
Sec. 1106. Lake Okeechobee regulation schedule review. 
Sec. 1107. Access to real estate data. 
Sec. 1108. Aquatic invasive species research. 
Sec. 1109. Harmful algal bloom technology demonstration. 
Sec. 1110. Bubbly Creek, Chicago ecosystem restoration. 
Sec. 1111. Dredge pilot program. 
Sec. 1112. Hurricane and storm damage protection program. 
Sec. 1113. Operation and maintenance of existing infrastructure. 
Sec. 1114. Assistance relating to water supply. 
Sec. 1115. Property acquisition. 
Sec. 1116. Dredged material management plans. 
Sec. 1117. Inclusion of project or facility in Corps of Engineers workplan. 
Sec. 1118. Geomatic data. 
Sec. 1119. Local government reservoir permit review. 
Sec. 1120. Transparency and accountability in cost sharing for water resources de-
velopment projects. 
Sec. 1121. Upper Missouri Mainstem Reservoir water withdrawal intake easement 
review. 
Sec. 1122. Limitation on contract execution. 
Sec. 1123. Certain levee improvements. 
Sec. 1124. Cost-share payment for certain projects. 
Sec. 1125. Locks on Allegheny River. 
Sec. 1126. Purpose and need. 
Sec. 1127. Prior project authorization. 
Sec. 1128. Mississippi River and Tributaries Project. 
Sec. 1129. Inclusion of Tribal interests in project consultations. 
Sec. 1130. Beneficial use of dredged material. 
Sec. 1131. Ice jam prevention and mitigation. 
33 USC 2201 
note. 
America’s Water 
Infrastructure 
Act of 2018. 
Oct. 23, 2018 
[S. 3021] 
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132 STAT. 3766 
PUBLIC LAW 115–270—OCT. 23, 2018 
Sec. 1132. Rehabilitation of Corps of Engineers constructed dams. 
Sec. 1133. Columbia River. 
Sec. 1134. Missouri River Reservoir sediment management. 
Sec. 1135. Reauthorization of lock operations pilot program. 
Sec. 1136. Credit or reimbursement. 
Sec. 1137. Non-Federal implementation pilot program. 
Sec. 1138. Surplus water contracts and water storage agreements. 
Sec. 1139. Post-disaster watershed assessments in territories of the United States. 
Sec. 1140. Expedited consideration. 
Sec. 1141. Project studies subject to independent peer review. 
Sec. 1142. Feasibility of Chicago Sanitary and Ship Canal Dispersal Barriers 
Project, Illinois. 
Sec. 1143. Acknowledgment of credit. 
Sec. 1144. Levee safety initiative reauthorization. 
Sec. 1145. Funding to process permits. 
Sec. 1146. Reservoir sediment. 
Sec. 1147. Clarification for integral determination. 
Sec. 1148. Beneficial use of dredged sediment. 
Sec. 1149. Inclusion of alternative measures for aquatic ecosystem restoration. 
Sec. 1150. Regional sediment management. 
Sec. 1151. Operation and maintenance of navigation and hydroelectric facilities. 
Sec. 1152. Study of water resources development projects by non-Federal interests. 
Sec. 1153. Construction of water resources development projects by non-Federal in-
terests. 
Sec. 1154. Corps budgeting; project deauthorizations; comprehensive backlog re-
port. 
Sec. 1155. Indian Tribes. 
Sec. 1156. Inflation adjustment of cost-sharing provisions for territories and Indian 
Tribes. 
Sec. 1157. Corps of Engineers continuing authorities program. 
Sec. 1158. Hurricane and storm damage reduction. 
Sec. 1159. Regional coalitions and higher education. 
Sec. 1160. Emergency response to natural disasters. 
Sec. 1161. Cost and benefit feasibility assessment. 
Sec. 1162. Extended community assistance by the Corps of Engineers. 
Sec. 1163. Dam safety. 
Sec. 1164. Local government water management plans. 
Sec. 1165. Structures and facilities constructed by Secretary. 
Sec. 1166. Advanced funds for water resources development studies and projects. 
Sec. 1167. Costs in excess of Federal participation limit. 
Sec. 1168. Disposition of projects. 
Sec. 1169. Contributed funds for non-Federal reservoir operations. 
Sec. 1170. Watercraft inspection stations. 
Sec. 1171. Restricted areas at Corps of Engineers dams. 
Sec. 1172. Coastal erosion. 
Sec. 1173. Prohibition on surplus water fees, Lake Cumberland Watershed, Ken-
tucky and Tennessee. 
Sec. 1174. Middle Rio Grande peak flow restoration. 
Sec. 1175. Prohibition of administrative fees in implementing Rough River Lake 
Flowage Easement Encroachment Resolution Plan. 
Sec. 1176. Preconstruction engineering design demonstration program. 
Subtitle B—Studies and Reports 
Sec. 1201. Authorization of proposed feasibility studies. 
Sec. 1202. Additional studies. 
Sec. 1203. Expedited completion. 
Sec. 1204. GAO study on benefit-cost analysis reforms. 
Sec. 1205. Harbor Maintenance Trust Fund report. 
Sec. 1206. Identification of nonpowered dams for hydropower development. 
Sec. 1207. Study on innovative ports for offshore wind development. 
Sec. 1208. Innovative materials and advanced technologies report. 
Sec. 1209. Study and report on expediting certain waiver processes. 
Sec. 1210. Report on debris removal. 
Sec. 1211. Corps flood policy within urban areas. 
Sec. 1212. Feasibility studies for mitigation of damage. 
Sec. 1213. Applications of military leasing authorities. 
Sec. 1214. Community engagement. 
Sec. 1215. Transparency in administrative expenses. 
Sec. 1216. Assessment of harbors and inland harbors. 
Sec. 1217. Maintenance of high-risk flood control projects. 
Sec. 1218. North Atlantic Division report on hurricane barriers and harbors of ref-
uge. 
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132 STAT. 3767 
PUBLIC LAW 115–270—OCT. 23, 2018 
Sec. 1219. Great Lakes coastal resiliency study. 
Sec. 1220. McMicken Dam, Arizona, and Muddy River, Massachusetts. 
Sec. 1221. Table Rock Lake, Arkansas and Missouri. 
Sec. 1222. Forecast-informed reservoir operations. 
Sec. 1223. Cedar River, Iowa. 
Sec. 1224. Old River control structure, Louisiana. 
Sec. 1225. Upper Mississippi River protection. 
Sec. 1226. Missouri River. 
Sec. 1227. Lower Missouri River bank stabilization and navigation. 
Sec. 1228. Coastal Texas study. 
Sec. 1229. Report on water supply contract, Wright Patman Lake, Texas. 
Subtitle C—Deauthorizations, Modifications, and Related Provisions 
Sec. 1301. Deauthorization of inactive projects. 
Sec. 1302. Backlog prevention. 
Sec. 1303. Project modifications. 
Sec. 1304. Lytle and Cajon Creeks, California. 
Sec. 1305. Yuba River Basin, California. 
Sec. 1306. Bridgeport Harbor, Connecticut. 
Sec. 1307. Delaware River navigation project. 
Sec. 1308. Comprehensive Everglades restoration plan, Central and Southern Flor-
ida, Everglades Agricultural Area, Florida. 
Sec. 1309. Kissimmee River restoration, Florida. 
Sec. 1310. Levee L–212, Four River Basin, Ocklawaha River, Florida. 
Sec. 1311. Green River and Barren River Locks and Dams, Kentucky. 
Sec. 1312. Cape Arundel Disposal Site, Maine. 
Sec. 1313. Penobscot River, Maine. 
Sec. 1314. Boston harbor reserved channel deauthorizations. 
Sec. 1315. Corps of Engineers bridge repair program for New England evacuation 
routes. 
Sec. 1316. Plymouth Harbor, Massachusetts. 
Sec. 1317. Portsmouth Harbor and Piscataqua River. 
Sec. 1318. Missouri River and tributaries at Kansas Cities, Missouri and Kansas. 
Sec. 1319. Hampton Harbor, New Hampshire, navigation improvement project. 
Sec. 1320. Passaic River Federal Navigation Channel, New Jersey. 
Sec. 1321. Fargo-Moorhead Metropolitan Area Diversion Project, North Dakota. 
Sec. 1322. Clatsop County, Oregon. 
Sec. 1323. Svensen Island, Oregon. 
Sec. 1324. West Tennessee Tributaries project, Tennessee. 
Sec. 1325. Puget Sound nearshore ecosystem restoration. 
Sec. 1326. Milwaukee Harbor, Milwaukee, Wisconsin. 
Sec. 1327. Project completion for disaster areas. 
Sec. 1328. Federal assistance. 
Sec. 1329. Expedited initiation. 
Sec. 1330. Project deauthorization and study extensions. 
Sec. 1331. Conveyances. 
Sec. 1332. Report on future water resources development. 
Subtitle D—Water Resources Infrastructure 
Sec. 1401. Project authorizations. 
Sec. 1402. Special rules. 
Sec. 1403. Norfolk Harbor and Channels, Virginia. 
TITLE II—DRINKING WATER SYSTEM IMPROVEMENT 
Sec. 2001. Indian reservation drinking water program. 
Sec. 2002. Clean, safe, reliable water infrastructure. 
Sec. 2003. Study on intractable water systems. 
Sec. 2004. Sense of Congress relating to access to nonpotable water. 
Sec. 2005. Drinking water infrastructure resilience and sustainability. 
Sec. 2006. Voluntary school and child care program lead testing grant program en-
hancement. 
Sec. 2007. Innovative water technology grant program. 
Sec. 2008. Improved consumer confidence reports. 
Sec. 2009. Contractual agreements. 
Sec. 2010. Additional considerations for compliance. 
Sec. 2011. Improved accuracy and availability of compliance monitoring data. 
Sec. 2012. Asset management. 
Sec. 2013. Community water system risk and resilience. 
Sec. 2014. Authorization for grants for State programs. 
Sec. 2015. State revolving loan funds. 
Sec. 2016. Authorization for source water petition programs. 
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132 STAT. 3768 
PUBLIC LAW 115–270—OCT. 23, 2018 
Sec. 2017. Review of technologies. 
Sec. 2018. Source water. 
Sec. 2019. Report on Federal cross-cutting requirements. 
Sec. 2020. Assistance for areas affected by natural disasters. 
Sec. 2021. Monitoring for unregulated contaminants. 
Sec. 2022. American iron and steel products. 
Sec. 2023. Authorization for capitalization grants to States for State drinking water 
treatment revolving loan funds. 
TITLE III—ENERGY 
Sec. 3001. Modernizing authorizations for necessary hydropower approvals. 
Sec. 3002. Qualifying conduit hydropower facilities. 
Sec. 3003. Promoting hydropower development at existing nonpowered dams. 
Sec. 3004. Closed-Loop pumped storage projects. 
Sec. 3005. Considerations for relicensing terms. 
Sec. 3006. Fair ratepayer accountability, transparency, and efficiency standards. 
Sec. 3007. J. Bennett Johnston Waterway hydropower extension. 
Sec. 3008. Stay and Reinstatement of FERC License No. 11393 for the Mahoney 
Lake Hydroelectric Project. 
Sec. 3009. Strategic Petroleum Reserve drawdown. 
TITLE IV—OTHER MATTERS 
Subtitle A—Clean Water 
Sec. 4101. Stormwater infrastructure funding task force. 
Sec. 4102. Wastewater technology clearinghouse. 
Sec. 4103. Technical assistance for treatment works. 
Sec. 4104. Amendments to Long Island Sound programs. 
Sec. 4105. Authorization of appropriations for Columbia river basin restoration. 
Sec. 4106. Sewer overflow control grants. 
Sec. 4107. Assistance for individual household decentralized wastewater systems of 
individuals with low or moderate income. 
Subtitle B—WIFIA Reauthorization and Innovative Financing for State Loan Funds 
Sec. 4201. WIFIA reauthorization and innovative financing for State loan funds. 
Subtitle C—Miscellaneous 
Sec. 4301. Agreement with Commissioner of Reclamation. 
Sec. 4302. Snake River Basin flood prevention action plan. 
Sec. 4303. GAO audit of contracts and Tainter gate repairs of Harlan County Dam. 
Sec. 4304. Water infrastructure and workforce investment. 
Sec. 4305. Regional liaisons for minority, Tribal, and low-income communities. 
Sec. 4306. WaterSense. 
Sec. 4307. Predatory and other wild animals. 
Sec. 4308. Klamath project water and power. 
Sec. 4309. Certain Bureau of Reclamation dikes. 
Sec. 4310. Authority to make entire active capacity of Fontenelle Reservoir avail-
able for use. 
Sec. 4311. Blackfeet water rights settlement. 
Sec. 4312. Indian irrigation fund reauthorization. 
Sec. 4313. Reauthorization of repair, replacement, and maintenance of certain In-
dian irrigation projects. 
Sec. 4314. Indian dam safety reauthorization. 
Sec. 4315. Diana E. Murphy United States Courthouse. 
TITLE I—WATER RESOURCES 
DEVELOPMENT 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Water Resources Development 
Act of 2018’’. 
SEC. 102. SECRETARY DEFINED. 
In this title, the term ‘‘Secretary’’ means the Secretary of the 
Army. 
33 USC 2201 
note. 
33 USC 2201 
note. 
Water Resources 
Development Act 
of 2018. 
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132 STAT. 3769 
PUBLIC LAW 115–270—OCT. 23, 2018 
Subtitle A—General Provisions 
SEC. 1101. SENSE OF CONGRESS REGARDING WATER RESOURCES 
DEVELOPMENT BILLS. 
It is the sense of Congress that, because the missions of the 
Corps of Engineers for navigation, flood control, beach erosion con-
trol and shoreline protection, hydroelectric power, recreation, water 
supply, environmental protection, restoration, and enhancement, 
and fish and wildlife mitigation benefit all Americans, and because 
water resources development projects are critical to maintaining 
the country’s economic prosperity, national security, and environ-
mental protection, Congress should consider a water resources 
development bill not less often than once every Congress. 
SEC. 1102. STUDY OF THE FUTURE OF THE UNITED STATES ARMY 
CORPS OF ENGINEERS. 
(a) IN GENERAL.—The Secretary shall enter into an agreement 
with the National Academy of Sciences to convene a committee 
of experts to carry out a comprehensive study on— 
(1) the ability of the Corps of Engineers to carry out its 
statutory missions and responsibilities, and the potential effects 
of transferring the functions (including regulatory obligations), 
personnel, assets, and civilian staff responsibilities of the Sec-
retary relating to civil works from the Department of Defense 
to a new or existing agency or subagency of the Federal Govern-
ment, including how such a transfer might affect the Federal 
Government’s ability to meet the current statutory missions 
and responsibilities of the Corps of Engineers; and 
(2) improving the Corps of Engineers’ project delivery proc-
esses, including recommendations for such improvements, 
taking into account factors including— 
(A) the effect of the annual appropriations process 
on the ability of the Corps of Engineers to efficiently secure 
and carry out contracts for water resources development 
projects and perform regulatory obligations; 
(B) the effect that the current Corps of Engineers 
leadership and geographic structure at the division and 
district levels has on its ability to carry out its missions 
in a cost-effective manner; and 
(C) the effect of the frequency of rotations of senior 
leaders of the Corps of Engineers and how such frequency 
affects the function of the district. 
(b) CONSIDERATIONS.—The study carried out under subsection 
(a) shall include consideration of— 
(1) effects on the national security of the United States; 
(2) the ability of the Corps of Engineers to maintain suffi-
cient engineering capability and capacity to assist ongoing and 
future operations of the United States armed services; 
(3) emergency and natural disaster response obligations 
of the Federal Government that are carried out by the Corps 
of Engineers; and 
(4) the ability of the Corps of Engineers to increase effi-
ciency, coordination, transparency, and cost savings of the 
project delivery process. 
(c) SUBMISSION TO CONGRESS.—The Secretary shall submit the 
final report of the National Academy containing the findings of 
Reports. 
Recommenda- 
tions. 
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132 STAT. 3770 
PUBLIC LAW 115–270—OCT. 23, 2018 
the study carried out under subsection (a) to the Committee on 
Transportation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of the Senate 
not later than 2 years after the date of enactment of this Act. 
(d) CONGRESSIONAL APPROVAL.—The Secretary may not imple-
ment the findings of the study carried out under subsection (a) 
unless expressly authorized by Congress. 
SEC. 1103. STUDY ON ECONOMIC AND BUDGETARY ANALYSES. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the Secretary shall enter into an agreement 
with the National Academy of Sciences to— 
(1) carry out a study on the economic principles and analyt-
ical methodologies currently used by or applied to the Corps 
of Engineers to formulate, evaluate, and budget for water 
resources development projects; and 
(2) make recommendations to Congress on potential 
changes to such principles and methodologies to improve trans-
parency, return on Federal investment, cost savings, and 
prioritization, in the formulation, evaluation, and budgeting 
of such projects. 
(b) CONSIDERATIONS.—The study under subsection (a) shall 
include— 
(1) an analysis of the current economic principles and 
analytical methodologies used by or applied to the Corps of 
Engineers in determining the total benefits and total costs 
during the formulation of, and plan selection for, a water 
resources development project; 
(2) an analysis of improvements or alternatives to how 
the Corps of Engineers utilizes the National Economic Develop-
ment, Regional Economic Development, Environmental Quality, 
and Other Social Effects accounts developed by the Institute 
for Water Resources of the Corps of Engineers in the formula-
tion of, and plan selection for, such projects; 
(3) an analysis of whether such principles and methodolo-
gies fully account for all of the potential benefits of project 
alternatives, including any reasonably associated benefits of 
such alternatives that are not contrary to law, Federal policy, 
or sound water resources management; 
(4) an analysis of whether such principles and methodolo-
gies fully account for all of the costs of project alternatives, 
including potential societal costs, such as lost ecosystem serv-
ices, and full lifecycle costs for such alternatives; 
(5) an analysis of the methodologies utilized by the Federal 
Government in setting and applying discount rates for benefit- 
cost analyses used in the formulation, evaluation, and budg-
eting of Corps of Engineers water resources development 
projects; 
(6) an analysis of whether or not the Corps of Engineers— 
(A) considers cumulative benefits of locally developed 
projects, including Master Plans approved by the Corps; 
and 
(B) uses the benefits referred to in subparagraph (A) 
for purposes of benefit-cost analysis for project justification 
for potential projects within such Master Plans; and 
Analyses. 
Recommenda- 
tions. 
Deadline. 
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132 STAT. 3771 
PUBLIC LAW 115–270—OCT. 23, 2018 
(7) consideration of the report submitted under section 
1204, if that report is submitted prior to completion of the 
study under this section. 
(c) PUBLICATION.—The agreement entered into under subsection 
(a) shall require the National Academy of Sciences to, not later 
than 30 days after the completion of the study— 
(1) submit a report containing the results of the study 
and the recommendations to the Committee on Environment 
and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representa-
tives; and 
(2) make a copy of such report available on a publicly 
accessible website. 
SEC. 1104. DISSEMINATION OF INFORMATION. 
(a) FINDINGS.—Congress finds the following: 
(1) Congress plays a central role in identifying, prioritizing, 
and authorizing vital water resources infrastructure activities 
throughout the United States. 
(2) The Water Resources Reform and Development Act 
of 2014 (Public Law 113–121) established a new and trans-
parent process to review and prioritize the water resources 
development activities of the Corps of Engineers with strong 
congressional oversight. 
(3) Section 7001 of the Water Resources Reform and 
Development Act of 2014 (33 U.S.C. 2282d) requires the Sec-
retary to develop and submit to Congress each year a Report 
to Congress on Future Water Resources Development and, as 
part of the annual report process, to— 
(A) publish a notice in the Federal Register that 
requests from non-Federal interests proposed feasibility 
studies and proposed modifications to authorized water 
resources development projects and feasibility studies for 
inclusion in the report; and 
(B) review the proposals submitted and include in the 
report those proposed feasibility studies and proposed modi-
fications that meet the criteria for inclusion established 
under such section 7001. 
(4) Congress will use the information provided in the 
annual Report to Congress on Future Water Resources Develop-
ment to determine authorization needs and priorities for pur-
poses of water resources development legislation. 
(5) To ensure that Congress can gain a thorough under-
standing of the water resources development needs and prior-
ities of the United States, it is important that the Secretary 
take sufficient steps to ensure that non-Federal interests are 
made aware of the new annual report process, including the 
need for non-Federal interests to submit proposals during the 
Secretary’s annual request for proposals in order for such pro-
posals to be eligible for consideration by Congress. 
(b) DISSEMINATION OF PROCESS INFORMATION.—The Secretary 
shall develop, support, and implement education and awareness 
efforts for non-Federal interests with respect to the annual Report 
to Congress on Future Water Resources Development required 
under section 7001 of the Water Resources Reform and Development 
Act of 2014 (33 U.S.C. 2282d), including efforts to— 
33 USC 2282d 
note. 
Web posting. 
Reports. 
Recommenda- 
tions. 
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132 STAT. 3772 
PUBLIC LAW 115–270—OCT. 23, 2018 
(1) develop and disseminate technical assistance materials, 
seminars, and guidance on the annual process as it relates 
to non-Federal interests; 
(2) provide written notice to local elected officials and pre-
vious and potential non-Federal interests on the annual process 
and on opportunities to address local water resources challenges 
through the missions and authorities of the Corps of Engineers; 
(3) issue guidance for non-Federal interests to assist such 
interests in developing proposals for water resources develop-
ment projects that satisfy the requirements of such section 
7001; and 
(4) provide, at the request of a non-Federal interest, assist-
ance 
with 
researching 
and 
identifying 
existing 
project 
authorizations and Corps of Engineers decision documents. 
SEC. 1105. NON-FEDERAL ENGAGEMENT AND REVIEW. 
(a) ISSUANCE.—The Secretary shall expeditiously issue guidance 
to implement each covered provision of law in accordance with 
this section. 
(b) PUBLIC NOTICE.— 
(1) IN GENERAL.—Prior to developing and issuing any new 
or revised implementation guidance for a covered water 
resources development law, the Secretary shall issue a public 
notice that— 
(A) informs potentially interested non-Federal stake-
holders of the Secretary’s intent to develop and issue such 
guidance; and 
(B) provides an opportunity for interested non-Federal 
stakeholders to engage with, and provide input and rec-
ommendations to, the Secretary on the development and 
issuance of such guidance. 
(2) ISSUANCE OF NOTICE.—The Secretary shall issue the 
notice under paragraph (1) through a posting on a publicly 
accessible website dedicated to providing notice on the develop-
ment and issuance of implementation guidance for a covered 
water resources development law. 
(c) STAKEHOLDER ENGAGEMENT.— 
(1) INPUT.—The Secretary shall allow a minimum of 60 
days after issuance of the public notice under subsection (b) 
for non-Federal stakeholders to provide input and recommenda-
tions to the Secretary, prior to finalizing implementation guid-
ance for a covered water resources development law. 
(2) OUTREACH.—The Secretary may, as appropriate (as 
determined by the Secretary), reach out to non-Federal stake-
holders and circulate drafts of implementation guidance for 
a covered water resources development law for informal input 
and recommendations. 
(d) SUBMISSION.—The Secretary shall submit to the Committee 
on Transportation and Infrastructure of the House of Representa-
tives and the Committee on Environment and Public Works of 
the Senate a copy of all input and recommendations received pursu-
ant to subsection (c) and a description of any consideration of 
such input and recommendations. 
(e) 
DEVELOPMENT
OF
GUIDANCE.—When 
developing 
implementation guidance for a covered water resources development 
law, the Secretary shall take into consideration the input and 
recommendations received from non-Federal stakeholders, and 
Web posting. 
Time period. 
Web posting. 
Guidance. 
33 USC 2202. 
Guidance. 
Notice. 
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132 STAT. 3773 
PUBLIC LAW 115–270—OCT. 23, 2018 
make the final guidance available to the public on the publicly 
accessible website described in subsection (b)(2). 
(f) DEFINITIONS.—In this section: 
(1) COVERED PROVISION OF LAW.—The term ‘‘covered provi-
sion of law’’ means a provision of law under the jurisdiction 
of the Secretary contained in, or amended by, a covered water 
resources development law, with respect to which— 
(A) the Secretary determines guidance is necessary 
in order to implement the provision; and 
(B) no such guidance has been issued as of the date 
of enactment of this Act. 
(2) COVERED WATER RESOURCES DEVELOPMENT LAW.—The 
term ‘‘covered water resources development law’’ means— 
(A) the Water Resources Reform and Development Act 
of 2014; 
(B) the Water Resources Development Act of 2016; 
(C) this Act; and 
(D) any Federal water resources development law 
enacted after the date of enactment of this Act. 
SEC. 1106. LAKE OKEECHOBEE REGULATION SCHEDULE REVIEW. 
The Secretary shall expedite completion of the Lake Okeechobee 
regulation schedule to coincide with the completion of the Herbert 
Hoover Dike project, and may consider all relevant aspects of the 
Comprehensive Everglades Restoration Plan described in section 
601 of the Water Resources Development Act of 2000 (114 Stat. 
2680). 
SEC. 1107. ACCESS TO REAL ESTATE DATA. 
(a) IN GENERAL.—Using available funds, the Secretary shall 
make publicly available, including on a publicly accessible website, 
information on all Federal real estate assets in the United States 
that are owned, operated, or managed by, or in the custody of, 
the Corps of Engineers. 
(b) REQUIREMENTS.— 
(1) IN GENERAL.—The real estate information made avail-
able under subsection (a) shall include— 
(A) existing standardized real estate plat descriptions 
of assets described in subsection (a); and 
(B) existing geographic information systems and 
geospatial information associated with such assets. 
(2) COLLABORATION.—In making information available 
under subsection (a), the Secretary shall consult with the 
Administrator of General Services. Such information may be 
made available, in whole or in part, in the Federal real property 
database published under section 21 of the Federal Assets 
Sale and Transfer Act of 2016 (Public Law 114–287), as deter-
mined appropriate by the Administrator of General Services. 
Nothing in this paragraph shall be construed as requiring 
the Administrator of General Services to add additional data 
elements or features to such Federal real property database 
if such additions are impractical or would add additional costs 
to such database. 
(c) LIMITATION.—Nothing in this section shall compel or 
authorize the disclosure of data or other information determined 
by the Secretary to be confidential, privileged, national security 
information, personal information, or information the disclosure 
of which is otherwise prohibited by law. 
Consultation. 
Public 
information. 
Web posting. 
33 USC 579e. 
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PUBLIC LAW 115–270—OCT. 23, 2018 
(d) TIMING.—The Secretary shall ensure that the implementa-
tion of subsection (a) occurs as soon as practicable. 
(e) EFFECT ON OTHER LAWS.—Nothing in this section shall 
be construed as modifying, or exempting the Corps of Engineers 
from, the requirements of the Federal real property database pub-
lished under section 21 of the Federal Assets Sale and Transfer 
Act of 2016 (Public Law 114–287). 
SEC. 1108. AQUATIC INVASIVE SPECIES RESEARCH. 
(a) IN GENERAL.—As part of the ongoing activities of the Engi-
neer Research and Development Center to address the spread and 
impacts of aquatic invasive species, the Secretary shall undertake 
research on the management and eradication of aquatic invasive 
species, including Asian carp and zebra mussels. 
(b) LOCATIONS.—In carrying out subsection (a), the Secretary 
shall work with Corps of Engineers district offices representing 
diverse geographical regions of the continental United States that 
are impacted by aquatic invasive species, such as the Atlantic, 
Pacific, and Gulf coasts and the Great Lakes. 
(c) REPORT.—Not later than 180 days after the date of enact-
ment of this section, the Secretary shall submit to the Committee 
on Transportation and Infrastructure of the House of Representa-
tives and the Committee on Environment and Public Works of 
the Senate a report recommending a plan to address the spread 
and impacts of aquatic invasive species. 
SEC. 1109. HARMFUL ALGAL BLOOM TECHNOLOGY DEMONSTRATION. 
(a) IN GENERAL.—The Secretary, acting through the Engineer 
Research and Development Center, shall implement a 5-year harm-
ful algal bloom technology development demonstration program 
under the Aquatic Nuisance Research Program. To the extent prac-
ticable, the Secretary shall support research that will identify and 
develop improved strategies for early detection, prevention, and 
management techniques and procedures to reduce the occurrence 
and effects of harmful algal blooms in the Nation’s water resources. 
(b) SCALABILITY REQUIREMENT.—The Secretary shall ensure 
that technologies identified, tested, and deployed under the harmful 
algal bloom technology development demonstration program have 
the ability to scale up to meet the needs of harmful-algal-bloom- 
related events. 
SEC. 1110. BUBBLY CREEK, CHICAGO ECOSYSTEM RESTORATION. 
The Secretary shall enter into a memorandum of understanding 
with the Administrator of the Environmental Protection Agency 
to facilitate ecosystem restoration activities at the South Fork of 
the South Branch of the Chicago River (commonly known as Bubbly 
Creek). 
SEC. 1111. DREDGE PILOT PROGRAM. 
(a) IN GENERAL.—The Secretary is authorized to carry out 
a pilot program to award contracts with a duration of up to 5 
years for the operation and maintenance of harbors and inland 
harbors referred to in section 210(a)(2) of the Water Resources 
Development Act of 1986 (33 U.S.C. 2238(a)(2)). 
(b) SCOPE.—In carrying out the pilot program under subsection 
(a), the Secretary may award a contract described in such sub-
section, which may address one or more harbors or inland harbors 
33 USC 2326 
note. 
Contracts. 
Memorandum. 
36 USC 610 note. 
Recommenda- 
tions. 
Plan. 
33 USC 2263a. 
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PUBLIC LAW 115–270—OCT. 23, 2018 
in a geographical region, if the Secretary determines that the con-
tract provides cost savings compared to the awarding of such work 
on an annual basis or on a project-by-project basis. 
(c) REPORT TO CONGRESS.—Not later than 1 year after the 
date on which the first contract is awarded pursuant to the pilot 
program carried out under subsection (a), the Secretary shall submit 
to Congress a report evaluating, with respect to the pilot program 
and any contracts awarded under the pilot program— 
(1) cost effectiveness; 
(2) reliability and performance; 
(3) cost savings attributable to mobilization and demobiliza-
tion of dredge equipment; and 
(4) response times to address navigational impediments. 
(d) SUNSET.—The authority of the Secretary to enter into con-
tracts pursuant to the pilot program carried out under subsection 
(a), shall expire on the date that is 10 years after the date of 
enactment of this Act. 
SEC. 1112. HURRICANE AND STORM DAMAGE PROTECTION PROGRAM. 
(a) IN GENERAL.—The Secretary is authorized to carry out 
a pilot program to award single contracts for more than one author-
ized hurricane and storm damage reduction project in a geo-
graphical region, including projects across more than one Corps 
of Engineers district, if the Secretary determines that the contract 
provides cost savings compared to the awarding of such work on 
a project-by-project basis. 
(b) PROJECT SELECTION.—In carrying out the pilot program 
under subsection (a), the Secretary shall consult with relevant 
State agencies in selecting projects. 
(c) CRITERIA.—In carrying out the pilot program under sub-
section (a), the Secretary shall establish criteria and other consider-
ations that— 
(1) foster Federal, State, and local collaboration; 
(2) evaluate the performance of projects being carried out 
under a single contract with respect to whether such projects 
yield any regional or multi-district benefits; and 
(3) include other criteria and considerations that the Sec-
retary determines to be appropriate. 
(d) REPORT.—Not later than 1 year after the date of enactment 
of this Act, and annually thereafter, 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 findings and rec-
ommendations of the Secretary with respect to the projects com-
pleted under the pilot program carried out under subsection (a). 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $75,000,000. 
(f) TERMINATION.—The authority of the Secretary to enter into 
contracts pursuant to the pilot program carried out under subsection 
(a) shall expire on the date that is 10 years after the date of 
enactment of this Act. 
SEC. 1113. OPERATION AND MAINTENANCE OF EXISTING INFRASTRUC-
TURE. 
The Secretary shall improve the reliability, and operation and 
maintenance of, existing infrastructure of the Corps of Engineers, 
and, as necessary, improve its resilience to cyber-related threats. 
33 USC 2351a 
note. 
Recommenda- 
tions. 
Consultation. 
33 USC 426g 
note. 
Contracts. 
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PUBLIC LAW 115–270—OCT. 23, 2018 
SEC. 1114. ASSISTANCE RELATING TO WATER SUPPLY. 
The Secretary may provide assistance to municipalities the 
water supply of which is adversely affected by construction carried 
out by the Corps of Engineers. 
SEC. 1115. PROPERTY ACQUISITION. 
(a) IN GENERAL.—In acquiring an interest in land, or requiring 
a non-Federal interest to acquire an interest in land, the Secretary 
shall, in accordance with the Uniform Relocation Assistance and 
Real Property Acquisition Policies Act of 1970, first consider the 
minimum interest in real property necessary to support the water 
resources development project for which such interest is acquired. 
(b) DETERMINATION.—In determining an interest in land under 
subsection (a), the Secretary shall first consider a temporary ease-
ment or other interest designed to reduce the overall cost of the 
water resources development project for which such interest is 
acquired, reduce the time to complete such project, and minimize 
conflict with property owners related to such project. 
(c) PROCEDURES USED IN STATE.—In carrying out subsection 
(a), the Secretary shall consider, with respect to a State, the proce-
dures that the State uses to acquire, or require the acquisition 
of, interests in land, to the extent that such procedures are generally 
consistent with the goals of a project or action. 
SEC. 1116. DREDGED MATERIAL MANAGEMENT PLANS. 
(a) IN GENERAL.—For purposes of dredged material manage-
ment plans initiated after the date of enactment of this Act, the 
Secretary shall expedite the dredged material management plan 
process in order that such plans make maximum use of existing 
information, studies, and innovative dredged material management 
practices, and avoid any redundant information collection and 
studies. 
(b) REPORT.—Not later than 60 days after the date of enactment 
of this Act, the Secretary shall submit to Congress a report on 
how the Corps of Engineers intends to meet the requirements 
of subsection (a). 
SEC. 1117. INCLUSION OF PROJECT OR FACILITY IN CORPS OF ENGI-
NEERS WORKPLAN. 
(a) IN GENERAL.—The Secretary shall, to the maximum extent 
practicable, include in the future workplan of the Corps any author-
ized project or facility of the Corps of Engineers— 
(1) that the Secretary has studied for disposition under 
an existing authority, including by carrying out a disposition 
study under section 216 of the Flood Control Act of 1970 (33 
U.S.C. 549a); and 
(2) for which a final report by the Director of Civil Works 
has been completed. 
(b) NOTIFICATION TO COMMITTEES.—Upon completion of a final 
report referred to in subsection (a), the Secretary shall transmit 
a copy of the report to the Committee on Transportation and Infra-
structure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate. 
SEC. 1118. GEOMATIC DATA. 
(a) IN GENERAL.—The Secretary shall develop guidance for 
the acceptance and use of information obtained from a non-Federal 
interest through geomatic techniques, including remote sensing and 
33 USC 2292 
note. 
Guidance. 
33 USC 549b. 
33 USC 2326b 
note. 
Easements. 
35 USC 598a. 
33 USC 634. 
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PUBLIC LAW 115–270—OCT. 23, 2018 
land surveying, cartography, geographic information systems, global 
navigation satellite systems, photogrammetry, or other remote 
means, in carrying out any authority of the Secretary. 
(b) CONSIDERATIONS.—In carrying out this section, the Sec-
retary shall ensure that use of information described in subsection 
(a) meets the data quality and operational requirements of the 
Secretary. 
(c) SAVINGS CLAUSE.—Nothing in this section— 
(1) requires the Secretary to accept information that the 
Secretary determines does not meet the guidance developed 
under this section; or 
(2) changes the current statutory or regulatory require-
ments of the Corps of Engineers. 
SEC. 1119. LOCAL GOVERNMENT RESERVOIR PERMIT REVIEW. 
(a) IN GENERAL.—During the 10-year period after the date 
of enactment of this section, the Secretary shall expedite review 
of applications for covered permits, if the permit applicant is a 
local governmental entity with jurisdiction over an area for which— 
(1) any portion of the water resources available to the 
area served by the local governmental entity is polluted by 
chemicals used at a formerly used defense site under the juris-
diction of the Department of Defense that is undergoing (or 
is scheduled to undergo) environmental restoration under 
chapter 160 of title 10, United States Code; and 
(2) mitigation of the pollution described in paragraph (1) 
is ongoing. 
(b) COVERED PERMIT DEFINED.—In this section, the term ‘‘cov-
ered permit’’ means a permit to be issued by the Secretary to 
modify a reservoir owned or operated by the Secretary, with respect 
to which not less than 80 percent of the water rights are held 
for drinking water supplies, in order to accommodate projected 
water supply needs of an area with a population of less than 
80,000. 
(c) LIMITATIONS.—Nothing in this section affects any obligation 
to comply with the provisions of any Federal law, including— 
(1) the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); and 
(2) the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.). 
SEC. 1120. TRANSPARENCY AND ACCOUNTABILITY IN COST SHARING 
FOR WATER RESOURCES DEVELOPMENT PROJECTS. 
(a) DEFINITION OF BALANCE SHEET.—In this section, the term 
‘‘balance sheet’’ means a document that describes— 
(1) the funds provided by each Federal and non-Federal 
interest for a water resources development project; and 
(2) the status of those funds. 
(b) ESTABLISHMENT OF BALANCE SHEET.—Each district of the 
Corps of Engineers shall, using the authority of the Secretary 
under section 10 of the Water Resources Development Act of 1988 
(33 U.S.C. 2315)— 
(1) maintain a balance sheet for each water resources 
development 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 provided funds 
for the project, provide to the non-Federal interest a copy 
of the balance sheet. 
33 USC 2315b. 
33 USC 2347 
note. 
Time period. 
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PUBLIC LAW 115–270—OCT. 23, 2018 
(c) UNDER-BUDGET PROJECTS.—In the case of a water resources 
development project carried out by the Secretary that is completed 
at a cost less than the estimated cost, the Secretary shall transfer 
any excess non-Federal funds to the non-Federal interest in accord-
ance with the cost-share requirement applicable to the project. 
SEC. 1121. UPPER MISSOURI MAINSTEM RESERVOIR WATER WITH-
DRAWAL INTAKE EASEMENT REVIEW. 
(a) IN GENERAL.—During the 10-year period beginning on the 
date of enactment of this Act, the Secretary shall, to the maximum 
extent practicable, expedite the review of applications for a covered 
easement. 
(b) PROCESS.—In carrying out this section, the Secretary shall 
develop an application to obtain a covered easement that requires 
an applicant for a covered easement to submit information that 
includes— 
(1) all permissible locations for the proposed easement; 
(2) the corresponding dimensions of the proposed easement; 
(3) the methods of installation of the water withdrawal 
intakes; and 
(4) any other information that the Secretary may require 
to complete the review. 
(c) RESPONSE.—Not later than 30 days after the date on which 
the Secretary receives an application under subsection (b), the 
Secretary shall seek to provide to the applicant a written notifica-
tion that states— 
(1) whether the application is complete; and 
(2) if the application is not complete, what information 
is needed for the application to be complete. 
(d) DETERMINATION.—To the maximum extent practicable, not 
later than 120 days after the date on which the Secretary receives 
a complete application for a covered easement, the Secretary shall 
approve or deny the application for the covered easement. 
(e) COVERED EASEMENT DEFINED.—In this section, the term 
‘‘covered easement’’ means an easement necessary to access Federal 
land under the control of the Secretary for the placement of water 
withdrawal intakes in the Upper Missouri Mainstem Reservoirs 
that does not otherwise involve the alteration or modification of 
any structures or facilities located on that Federal land, other 
than those owned by the non-Federal interest. 
(f) LIMITATIONS.—Nothing in this section affects any obligation 
to comply with the provisions of any Federal law, including— 
(1) the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); and 
(2) the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.). 
SEC. 1122. LIMITATION ON CONTRACT EXECUTION. 
(a) LIMITATION.—For any new covered contract entered into 
during the period beginning on the date of enactment of this Act 
and ending on December 31, 2020, any local governmental entity 
that is a party to a covered contract entered into before such 
period shall be required to pay not more than 110 percent of 
the contractual rate per acre-foot in effect under the most recent 
such covered contract. 
(b) COVERED CONTRACT.—In this section, the term ‘‘covered 
contract’’ means a contract between a local governmental entity 
Definition. 
Time period. 
Deadline. 
Deadline. 
Notification. 
Time period. 
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PUBLIC LAW 115–270—OCT. 23, 2018 
and the Secretary for water supply storage in a nonhydropower 
lake within the Verdigris River Basin. 
SEC. 1123. CERTAIN LEVEE IMPROVEMENTS. 
(a) IN GENERAL.—Notwithstanding section 211 of the Water 
Resources Development Act of 2000 (31 U.S.C. 6505 note), the 
Secretary, at the request of a local government, is authorized to 
provide technical services, on a reimbursable basis, to the local 
government to assess the reasons a federally constructed levee 
owned or operated by the local government is not accredited by 
the Federal Emergency Management Agency. 
(b) FEDERAL LEVEES.—In carrying out this section, in a case 
in which a levee owned and operated by the Secretary is hydrau-
lically tied to a levee described in subsection (a), the Secretary 
is encouraged to cooperate, to the maximum extent practicable, 
with the relevant local governmental entities in assessing the rea-
sons the levee described in subsection (a) is not accredited. 
(c) LIMITATION.—Nothing in this section— 
(1) affects the responsibilities of a local government to 
operate and maintain its flood control infrastructure; or 
(2) obligates the Secretary to expend additional Federal 
resources on levees owned and operated by the Secretary. 
SEC. 1124. COST-SHARE PAYMENT FOR CERTAIN PROJECTS. 
The Secretary shall, subject to the availability of appropriations, 
pay the outstanding balance of the Federal cost share for any 
project carried out under section 593 of the Water Resources 
Development Act of 1999 (113 Stat. 380). 
SEC. 1125. LOCKS ON ALLEGHENY RIVER. 
The Corps of Engineers may consider, in making funding deter-
minations with respect to the operation and maintenance of locks 
on the Allegheny River— 
(1) recreational boat traffic levels; and 
(2) related economic benefits. 
SEC. 1126. PURPOSE AND NEED. 
(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 et seq.) shall substantially commence with 
respect to a water storage project until the date on which 
the District Engineer provides to the applicant a purpose and 
need statement as required under paragraph (1). 
(b) APPEALS REQUEST.—A non-Federal interest may use the 
administrative appeals process described in part 331 of title 33, 
Assessment. 
Deadline. 
33 USC 2347b. 
33 USC 3306. 
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PUBLIC LAW 115–270—OCT. 23, 2018 
Code of Federal Regulations (or any succeeding regulation), in rela-
tion to a decision of the Secretary related to an application for 
a water storage project. 
SEC. 1127. PRIOR PROJECT AUTHORIZATION. 
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 accord-
ance with any requirements that apply to the business line under 
which the project was originally authorized. 
SEC. 1128. MISSISSIPPI RIVER AND TRIBUTARIES PROJECT. 
(a) IN GENERAL.—After any flood event requiring operation 
or activation of any floodway or backwater feature within the Mis-
sissippi River and Tributaries Project through natural overtopping 
of a Federal levee or artificial crevassing of a Federal levee to 
relieve pressure on the levees elsewhere in the system, the Secretary 
shall expeditiously reset and restore the damaged floodway’s levees. 
(b) CONSULTATION.—In carrying out subsection (a), the Sec-
retary shall provide an opportunity for consultation with affected 
communities. 
(c) MISSISSIPPI RIVER AND TRIBUTARIES PROJECT.—The term 
‘‘Mississippi River and Tributaries Project’’ means the Mississippi 
River and Tributaries project authorized by the Act of May 15, 
1928 (Chap. 569; 45 Stat. 534). 
SEC. 1129. INCLUSION OF TRIBAL INTERESTS IN PROJECT CONSULTA-
TIONS. 
(a) REPORT REQUIRED.—As soon as practicable following the 
date of enactment of this Act, the Secretary shall submit the report 
required under section 1120(a)(3) of the Water Resources Develop-
ment Act of 2016 (130 Stat. 1643). 
(b) CONSULTATION.—The Secretary shall ensure that all existing 
Tribal consultation policies, regulations, and guidance continue to 
be implemented, and that consultations with Federal and State 
agencies and Indian Tribes required for a water resources develop-
ment project are carried out. 
SEC. 1130. BENEFICIAL USE OF DREDGED MATERIAL. 
Section 1122 of the Water Resources Development Act of 2016 
(33 U.S.C. 2326 note) is amended— 
(1) in subsection (b)(1), by striking ‘‘10’’ and inserting ‘‘20’’; 
and 
(2) in subsection (g), by striking ‘‘10’’ and inserting ‘‘20’’. 
SEC. 1131. ICE JAM PREVENTION AND MITIGATION. 
Section 1150(c) of the Water Resources Development Act of 
2016 (33 U.S.C. 701s note) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘During fiscal years 2017 through 2022, 
the Secretary’’ and inserting ‘‘The Secretary’’; and 
(B) by striking ‘‘10 projects’’ and inserting ‘‘20 projects’’; 
and 
(2) in paragraph (2)— 
(A) by striking ‘‘shall ensure’’ and inserting the fol-
lowing : ‘‘shall— 
‘‘(A) ensure’’; 
Definition. 
33 USC 7020. 
33 USC 2355. 
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PUBLIC LAW 115–270—OCT. 23, 2018 
(B) by striking the period at the end and inserting 
‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(B) select not fewer than one project to be carried 
out on a reservation (as defined in section 3 of the Indian 
Financing Act of 1974) that serves more than one Indian 
tribe (as defined in section 4 of the Indian Self-Determina-
tion and Education Assistance Act).’’. 
SEC. 1132. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED 
DAMS. 
Section 1177 of the Water Resources Development Act of 2016 
(33 U.S.C. 467f–2 note) is amended— 
(1) in subsection (e), by striking ‘‘$10,000,000’’ and inserting 
‘‘$40,000,000’’; and 
(2) in subsection (f), by striking ‘‘$10,000,000’’ and inserting 
‘‘$40,000,000’’. 
SEC. 1133. COLUMBIA RIVER. 
(a) BONNEVILLE DAM, OREGON.— 
(1) 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)) 
have been displaced as a result of the construction of the 
Bonneville Dam, Oregon, as authorized by the first section 
of the Act of August 30, 1935 (49 Stat. 1032) and the first 
section and section 2(a) of the Act of August 20, 1937 (16 
U.S.C. 832, 832a(a)). 
(2) INCLUSION.—The examination and assessment under 
paragraph (1) may include assessments relating to housing 
and related facilities. 
(3) ASSISTANCE.—If the Secretary determines, based on 
the examination and assessment under paragraph (1), that 
assistance is required or needed, the Secretary may use all 
existing authorities of the Secretary, including under this Act, 
to provide assistance to Indians who have been displaced as 
a result of the construction of the Bonneville Dam, Oregon. 
(4) TRIBAL ASSISTANCE.—Section 1178(c)(1)(A) of the Water 
Resources Development Act of 2016 (130 Stat. 1675) is amended 
by striking ‘‘Upon the request of the Secretary of the Interior, 
the Secretary may provide assistance’’ and inserting ‘‘The Sec-
retary, in consultation with the Secretary of the Interior, may 
provide assistance’’. 
(b) JOHN DAY DAM, WASHINGTON AND OREGON.— 
(1) 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)) 
have been displaced as a result of the construction of the 
John Day Dam, Oregon, as authorized by section 204 of the 
Flood Control Act of 1950 (64 Stat. 179). 
(2) INCLUSION.—The examination and assessment under 
paragraph (1) may include— 
(A) assessments relating to housing and related facili-
ties; and 
(B) the study required by section 1178(c)(2) of the 
Water Resources Development Act of 2016 (130 Stat. 1675). 
Consultation. 
Examinations. 
Assessments. 
Determination. 
Consultation. 
Examinations. 
Assessments. 
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PUBLIC LAW 115–270—OCT. 23, 2018 
(3) ASSISTANCE.—If the Secretary determines, based on 
the examination and assessment under paragraph (1), that 
assistance is required or needed, the Secretary may use all 
existing authorities of the Secretary, including under this Act, 
to provide assistance to Indians who have been displaced as 
a result of the construction of the John Day Dam, Oregon. 
(c) DALLES DAM, WASHINGTON AND OREGON.— 
(1) IN GENERAL.—The Secretary, in consultation with the 
Secretary of the Interior, shall complete and carry out a village 
development plan for any Indian village submerged as a result 
of the construction of the Dalles Dam, Columbia River, Wash-
ington and Oregon, as authorized by section 204 of the Flood 
Control Act of 1950 (64 Stat. 179). 
(2) ASSISTANCE.—The Secretary may acquire land from 
willing land owners in carrying out a village development plan 
under paragraph (1). 
(3) REQUIREMENTS.—A village development plan completed 
under paragraph (1) shall include, at a minimum, an estimated 
cost and tentative schedule for the construction of a replace-
ment village. 
SEC. 1134. MISSOURI RIVER RESERVOIR SEDIMENT MANAGEMENT. 
Section 1179(a) of the Water Resources Development Act of 
2016 (130 Stat. 1675) is amended— 
(1) by redesignating paragraphs (4) through (8) as para-
graphs (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.’’; and 
(3) in paragraph (8) (as so redesignated)— 
(A) by redesignating subparagraph (B) as subpara-
graph (D); 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 partner-
ship 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. 
‘‘(C) PAYMENTS.—The Secretary is authorized to accept 
and expend funds from the Secretary of the Interior to 
complete any work under this paragraph at a reservoir 
managed or owned by the Bureau of Reclamation.’’. 
Applicability. 
Cost estimate. 
Schedule. 
Consultation. 
Development 
plan. 
Determination. 
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132 STAT. 3783 
PUBLIC LAW 115–270—OCT. 23, 2018 
SEC. 1135. REAUTHORIZATION OF LOCK OPERATIONS PILOT PRO-
GRAM. 
Section 1017(f) of the Water Resources Reform and Develop-
ment Act of 2014 (33 U.S.C. 2212 note) is amended by striking 
‘‘5 years’’ and inserting ‘‘10 years’’. 
SEC. 1136. CREDIT OR REIMBURSEMENT. 
(a) IN GENERAL.—Section 1022 of the Water Resources Reform 
and Development Act of 2014 (33 U.S.C. 2225) is amended to 
read as follows: 
‘‘SEC. 1022. CREDIT OR REIMBURSEMENT. 
‘‘(a) REQUESTS FOR CREDITS.—With respect to an authorized 
flood damage reduction project, or separable element thereof, that 
has been constructed by a non-Federal interest under section 211 
of the Water Resources Development Act of 1996 (33 U.S.C. 701b– 
13), or an authorized coastal navigation project that has been con-
structed by the Corps of Engineers pursuant to section 11 of the 
Act of March 3, 1925, before the date of enactment of the Water 
Resources Development Act of 2018, the Secretary may provide 
to the non-Federal interest, at the request of the non-Federal 
interest, a credit in an amount equal to the estimated Federal 
share of the cost of the project or separable element, in lieu of 
providing to the non-Federal interest a reimbursement in that 
amount or reimbursement of funds of an equivalent amount, subject 
to the availability of appropriations. 
‘‘(b) APPLICATION OF CREDITS.—At the request of the non-Fed-
eral interest, the Secretary may apply all or a portion of such 
credit to the share of the cost of the non-Federal interest of carrying 
out other flood damage reduction and coastal navigation projects 
or studies. 
‘‘(c) APPLICATION OF REIMBURSEMENT.—At the request of the 
non-Federal interest, the Secretary may apply such funds, subject 
to the availability of appropriations, equal to the share of the 
cost of the non-Federal interest of carrying out other flood damage 
reduction and coastal navigation projects or studies.’’. 
(b) CLERICAL AMENDMENT.—The table of contents contained 
in section 1(b) of the Water Resources Reform and Development 
Act of 2014 (128 Stat. 1193) is amended by striking the item 
relating to section 1022 and inserting the following: 
‘‘Sec. 1022. Credit or reimbursement.’’. 
SEC. 1137. NON-FEDERAL IMPLEMENTATION PILOT PROGRAM. 
Section 1043(b) of the Water Resources Reform and Develop-
ment Act of 2014 (33 U.S.C. 2201 note) is amended— 
(1) in paragraph (3)(A)(i)— 
(A) in the matter preceding subclause (I)— 
(i) by striking ‘‘15’’ and inserting ‘‘20’’; and 
(ii) by striking ‘‘prior to the date of enactment 
of this Act’’; 
(B) in subclause (I)— 
(i) in the matter preceding item (aa), by inserting 
‘‘that have been authorized for construction prior to 
the date of enactment of this Act and’’ after ‘‘not more 
than 12 projects’’; and 
(ii) in item (bb), by striking ‘‘; and’’ and inserting 
a semicolon; 
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132 STAT. 3784 
PUBLIC LAW 115–270—OCT. 23, 2018 
(C) in subclause (II)— 
(i) by inserting ‘‘that have been authorized for 
construction prior to the date of enactment of this 
Act and’’ after ‘‘not more than 3 projects’’; and 
(ii) by striking the semicolon and inserting ‘‘; and’’; 
and 
(D) by adding at the end the following: 
‘‘(III) not more than 5 projects that have been 
authorized for construction, but did not receive 
the authorization prior to the date of enactment 
of this Act;’’; and 
(2) in paragraph (8), by striking ‘‘2015 through 2019’’ and 
inserting ‘‘2019 through 2023’’. 
SEC. 1138. SURPLUS WATER CONTRACTS AND WATER STORAGE AGREE-
MENTS. 
Section 1046(c) of the Water Resources Reform and Develop-
ment Act of 2014 (128 Stat. 1254) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘shall not charge a fee’’ and inserting 
the following: ‘‘shall not— 
‘‘(A) charge a fee’’; 
(B) by striking ‘‘Reservoirs.’’ and inserting ‘‘Reservoirs; 
or’’; and 
(C) by adding at the end the following: 
‘‘(B) assess a water storage fee with respect to any 
water storage in the Upper Missouri Mainstem Res-
ervoirs.’’; and 
(2) in paragraph (3), by striking ‘‘10’’ and inserting ‘‘12’’. 
SEC. 1139. POST-DISASTER WATERSHED ASSESSMENTS IN TERRI-
TORIES OF THE UNITED STATES. 
Section 3025 of the Water Resources Reform and Development 
Act of 2014 (33 U.S.C. 2267b) is amended by adding at the end 
the following: 
‘‘(e) ASSESSMENTS IN TERRITORIES OF THE UNITED STATES.— 
‘‘(1) IN GENERAL.—For any major disaster declared in a 
territory of the United States before the date of enactment 
of this subsection, all activities in the territory carried out 
or undertaken pursuant to the authorities described in this 
section shall be conducted at full Federal expense unless the 
President determines that the territory has the ability to pay 
the cost share for an assessment under this section without 
the use of loans. 
‘‘(2) TERRITORY
DEFINED.—In this subsection, the term 
‘territory of the United States’ means an insular area specified 
in section 1156(a)(1) of the Water Resources Development Act 
of 1986 (33 U.S.C. 2310(a)(1)).’’. 
SEC. 1140. EXPEDITED CONSIDERATION. 
Section 7004(b)(4) of the Water Resources Reform and Develop-
ment Act of 2014 (128 Stat. 1374) is amended by striking ‘‘December 
31, 2018’’ and inserting ‘‘December 31, 2024’’. 
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132 STAT. 3785 
PUBLIC LAW 115–270—OCT. 23, 2018 
SEC. 1141. PROJECT STUDIES SUBJECT TO INDEPENDENT PEER 
REVIEW. 
Section 2034(h)(2) of the Water Resources Development Act 
of 2007 (33 U.S.C. 2343(h)(2)) is amended by striking ‘‘12 years’’ 
and inserting ‘‘17 years’’. 
SEC. 1142. FEASIBILITY OF CHICAGO SANITARY AND SHIP CANAL DIS-
PERSAL BARRIERS PROJECT, ILLINOIS. 
Section 3061(d) of the Water Resources Development Act of 
2007 (Public Law 110–114; 121 Stat. 1121) is amended— 
(1) by striking ‘‘The Secretary’’ and inserting the following: 
‘‘(1) IN GENERAL.—The Secretary’’; and 
(2) by adding at the end the following: 
‘‘(2) OPERATION AND MAINTENANCE.—Operation and mainte-
nance of any project authorized to be carried out pursuant 
to the feasibility study identified in paragraph (1) shall be 
carried out at 80 percent Federal expense and 20 percent non- 
Federal expense. 
‘‘(3) CONSULTATION.—After construction of any project 
authorized to be carried out pursuant to the feasibility study 
identified in paragraph (1), the Secretary shall consult with 
the Governor of the State in which the project is constructed 
before any control technologies not included in the Chief’s 
Report are implemented.’’. 
SEC. 1143. ACKNOWLEDGMENT OF CREDIT. 
Section 7007(a) of the Water Resources Development Act of 
2007 (121 Stat. 1277; 128 Stat. 1226) is amended by adding at 
the end the following: ‘‘Notwithstanding section 221(a)(4)(C)(i) of 
the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(C)(i)), the 
Secretary may provide credit for work carried out during the period 
beginning on November 8, 2007, and ending on the date of enact-
ment of the Water Resources Development Act of 2018 by the 
non-Federal interest for a project under this title if the Secretary 
determines that the work is integral to the project and was carried 
out in accordance with the requirements of subchapter 4 of chapter 
31, and chapter 37, of title 40, United States Code.’’. 
SEC. 1144. LEVEE SAFETY INITIATIVE REAUTHORIZATION. 
Title IX of the Water Resources Development Act of 2007 (33 
U.S.C. 3301 et seq.) is amended— 
(1) in section 9005(g)(2)(E)(i), by striking ‘‘2015 through 
2019’’ and inserting ‘‘2019 through 2023’’; and 
(2) in section 9008, by striking ‘‘2015 through 2019’’ each 
place it appears and inserting ‘‘2019 through 2023’’. 
SEC. 1145. FUNDING TO PROCESS PERMITS. 
Section 214(a) of the Water Resources Development Act of 
2000 (33 U.S.C. 2352(a)) is amended— 
(1) by striking paragraph (3) and redesignating paragraphs 
(4) and (5) as paragraphs (3) and (4), respectively; and 
(2) in paragraph (4), as so redesignated— 
(A) by striking ‘‘4 years after the date of enactment 
of this paragraph’’ and inserting ‘‘December 31, 2022’’; and 
(B) by striking ‘‘carry out a study’’ and inserting ‘‘carry 
out a followup study’’. 
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132 STAT. 3786 
PUBLIC LAW 115–270—OCT. 23, 2018 
SEC. 1146. RESERVOIR SEDIMENT. 
Section 215 of the Water Resources Development Act of 2000 
(33 U.S.C. 2326c) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘the date of enactment of the Water 
Resources Development Act of 2016’’ and inserting ‘‘the 
date of enactment of the Water Resources Development 
Act of 2018’’; and 
(B) by striking ‘‘shall establish, using available funds, 
a pilot program to accept’’ and inserting ‘‘shall, using avail-
able funds, accept’’; 
(2) in subsection (b)— 
(A) in paragraph (2), by adding ‘‘and’’ at the end; 
(B) in paragraph (3), by striking ‘‘; and’’ at the end 
and inserting a period; 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 Water Resources Development Act of 
2018, the Secretary shall submit to the Committee on Environment 
and Public Works of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives a report 
describing the results of the program under this section.’’. 
SEC. 1147. CLARIFICATION FOR INTEGRAL DETERMINATION. 
Section 601(e)(5) of the Water Resources Development Act of 
2000 (Public Law 106–541) is amended— 
(1) in subparagraph (B)(i)— 
(A) in subclause (II), by striking ‘‘; or’’ and inserting 
a semicolon; and 
(B) by inserting after subclause (III) the following: 
‘‘(IV) the credit is provided for work carried out 
by the non-Federal sponsor in the implementation of 
an authorized project implementation report, and such 
work was defined in an agreement between the Sec-
retary and the non-Federal sponsor prior to the execu-
tion of such work; or 
‘‘(V) the credit is provided for any work carried 
out by the non-Federal sponsor, as agreed to by the 
District Commander and non-Federal sponsor in a writ-
ten agreement (which may include an electronic agree-
ment) prior to such work being carried out by the 
non-Federal sponsor;’’; 
(2) in subparagraph (B), by amending clause (iii) to read 
as follows: 
‘‘(iii) the Secretary determines that the work per-
formed by the non-Federal sponsor— 
‘‘(I) is integral to the project; and 
‘‘(II) was carried out in accordance with the 
requirements of subchapter 4 of chapter 31, and 
chapter 37, of title 40, United States Code.’’; 
(3) by redesignating subparagraphs (C) through (E) as sub-
paragraphs (D) through (F), respectively; and 
(4) by inserting after subparagraph (B) the following: 
‘‘(C) TIMING.—In any case in which the Secretary 
approves credit under subparagraph (B), in a written agree-
ment (which may include an electronic agreement) with 
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132 STAT. 3787 
PUBLIC LAW 115–270—OCT. 23, 2018 
the non-Federal sponsor, the Secretary shall provide such 
credit for work completed under an agreement that pre-
scribes the terms and conditions for the in-kind contribu-
tions.’’. 
SEC. 1148. BENEFICIAL USE OF DREDGED SEDIMENT. 
(a) IN GENERAL.—In carrying out a project for the beneficial 
reuse of sediment to reduce storm damage to property under section 
204 of the Water Resources Development Act of 1992 (33 U.S.C. 
2326) that involves only a single application of sediment, the Sec-
retary may grant a temporary easement necessary to facilitate 
the placement of sediment, if the Secretary determines that 
granting a temporary easement is in the interest of the United 
States. 
(b) LIMITATION.—If the Secretary grants a temporary easement 
under subsection (a) with respect to a project, that project shall 
no longer be eligible for future placement of sediment under section 
204 of the Water Resources Development Act of 1992 (33 U.S.C. 
2326). 
SEC. 1149. INCLUSION OF ALTERNATIVE MEASURES FOR AQUATIC ECO-
SYSTEM RESTORATION. 
(a) INCLUSION OF ALTERATIVE MEASURES FOR AQUATIC ECO-
SYSTEM
RESTORATION.—Section 206 of the Water Resources 
Development Act of 1996 (33 U.S.C. 2230) is amended— 
(1) by redesignating subsection (e) as subsection (f); and 
(2) by inserting after subsection (d) the following: 
‘‘(e) USE OF NATURAL AND NATURE-BASED FEATURES.—In car-
rying out a project to restore and protect an aquatic ecosystem 
or estuary under subsection (a), the Secretary shall consider, and 
may include, with the consent of the non-Federal interest, a natural 
feature or nature-based feature, as such terms are defined in section 
1184 of the Water Resources Development Act of 2016, if the 
Secretary determines that inclusion of such features is consistent 
with the requirements of subsection (a).’’. 
(b) AMENDMENT
TO DEFINITION.—Section 1184(a)(2) of the 
Water Resources Development Act of 2016 (33 U.S.C. 2289a(a)(2)) 
is amended by striking ‘‘in coastal areas’’. 
(c) NATURAL INFRASTRUCTURE.—In carrying out a feasibility 
report developed under section 905 of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 2282) 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. 
SEC. 1150. REGIONAL SEDIMENT MANAGEMENT. 
Section 204(a)(1)(A) of the Water Resources Development Act 
of 1992 (33 U.S.C. 2326(a)(1)(A)) is amended by inserting ‘‘including 
a project authorized for flood control,’’ after ‘‘an authorized Federal 
water resources project,’’. 
SEC. 1151. OPERATION AND MAINTENANCE OF NAVIGATION AND 
HYDROELECTRIC FACILITIES. 
(a) IN GENERAL.—Section 314 of the Water Resources Develop-
ment Act of 1990 (33 U.S.C. 2321) is amended— 
(1) in the heading by inserting ‘‘NAVIGATION AND’’ before 
‘‘HYDROELECTRIC FACILITIES’’; 
33 USC 2282 
note. 
Easements. 
Determination. 
33 USC 2326 
note. 
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132 STAT. 3788 
PUBLIC LAW 115–270—OCT. 23, 2018 
(2) in the first sentence, by striking ‘‘Activities currently 
performed’’ and inserting the following: 
‘‘(a) IN GENERAL.—Activities currently performed’’; 
(3) in subsection (a) (as designated by paragraph (2)), by 
inserting ‘‘navigation or’’ before ‘‘hydroelectric’’; 
(4) in the second sentence, by striking ‘‘This section’’ and 
inserting the following: 
‘‘(b) MAJOR MAINTENANCE CONTRACTS ALLOWED.—This section’’; 
and 
(5) by adding at the end the following: 
‘‘(c) EXCLUSION.—This section does not— 
‘‘(1) apply to a navigation facility that was under contract 
on or before the date of enactment of this subsection with 
a non-Federal interest to perform operations or maintenance; 
and 
‘‘(2) prohibit the Secretary from contracting out commercial 
activities after the date of enactment of this subsection at 
a navigation facility.’’. 
(b) CLERICAL AMENDMENT.—The table of contents contained 
in section 1(b) of the Water Resources Development Act of 1990 
(104 Stat. 4604) is amended by striking the item relating to section 
314 and inserting the following: 
‘‘Sec. 314. Operation and maintenance of navigation and hydroelectric facilities.’’. 
SEC. 1152. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS 
BY NON-FEDERAL INTERESTS. 
Section 203 of the Water Resources Development Act of 1986 
(33 U.S.C. 2231) is amended— 
(1) in subsection (a)(1), by inserting ‘‘federally authorized’’ 
before ‘‘feasibility study’’; 
(2) by amending subsection (c) to read as follows: 
‘‘(c) SUBMISSION TO CONGRESS.— 
‘‘(1) REVIEW AND SUBMISSION OF STUDIES TO CONGRESS.— 
Not later than 180 days after the date of receipt of a feasibility 
study of a project under subsection (a)(1), the Secretary shall 
submit to the Committee on Environment and Public Works 
of the Senate and the Committee on Transportation and Infra-
structure of the House of Representatives a report that 
describes— 
‘‘(A) the results of the Secretary’s review of the study 
under subsection (b), including a determination of whether 
the project is feasible; 
‘‘(B) any recommendations the Secretary may have con-
cerning the plan or design of the project; and 
‘‘(C) any conditions the Secretary may require for 
construction of the project. 
‘‘(2) LIMITATION.—The completion of the review by the Sec-
retary of a feasibility study that has been submitted under 
subsection (a)(1) may not be delayed as a result of consideration 
being given to changes in policy or priority with respect to 
project consideration.’’; and 
(3) by amending subsection (e) to read as follows: 
‘‘(e) REVIEW AND TECHNICAL ASSISTANCE.— 
‘‘(1) REVIEW.—The Secretary may accept and expend funds 
provided by non-Federal interests to undertake reviews, inspec-
tions, certifications, and other activities that are the responsi-
bility of the Secretary in carrying out this section. 
Recommenda- 
tions. 
Determination. 
Reports. 
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132 STAT. 3789 
PUBLIC LAW 115–270—OCT. 23, 2018 
‘‘(2) TECHNICAL ASSISTANCE.—At the request of a non-Fed-
eral interest, the Secretary shall provide to the non-Federal 
interest technical assistance relating to any aspect of a feasi-
bility study if the non-Federal interest contracts with the Sec-
retary to pay all costs of providing such technical assistance. 
‘‘(3) LIMITATION.—Funds provided by non-Federal interests 
under this subsection shall not be eligible for credit under 
subsection (d) or reimbursement. 
‘‘(4) IMPARTIAL DECISIONMAKING.—In carrying out this sec-
tion, the Secretary shall ensure that the use of funds accepted 
from a non-Federal interest will not affect the impartial 
decisionmaking of the Secretary, either substantively or proce-
durally. 
‘‘(5) SAVINGS PROVISION.—The provision of technical assist-
ance by the Secretary under paragraph (2)— 
‘‘(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 
under subsections (b) and (c).’’. 
SEC. 1153. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT 
PROJECTS BY NON-FEDERAL INTERESTS. 
Section 204 of the Water Resources Development Act of 1986 
(33 U.S.C. 2232) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1), in the matter preceding subpara-
graph (A), by inserting ‘‘federally authorized’’ before ‘‘water 
resources development project’’; 
(B) in paragraph (2)(A), by inserting ‘‘, except as pro-
vided in paragraph (3)’’ before the semicolon; and 
(C) by adding at the end the following: 
‘‘(3) PERMIT EXCEPTION.— 
‘‘(A) IN GENERAL.—For a project described in subsection 
(a)(1) or subsection (a)(3), or a separable element thereof, 
with respect to which a written agreement described in 
subparagraph (B) has been entered into, a non-Federal 
interest that carries out a project under this section shall 
not be required to obtain any Federal permits or approvals 
that would not be required if the Secretary carried out 
the project or separable element unless significant new 
circumstances or information relevant to environmental 
concerns or compliance have arisen since development of 
the project recommendation. 
‘‘(B) WRITTEN AGREEMENT.—For purposes of this para-
graph, a written agreement shall provide that the non- 
Federal interest shall comply with the same legal and 
technical requirements that would apply if the project or 
separable element were carried out by the Secretary, 
including all mitigation required to offset environmental 
impacts of the project or separable element as determined 
by the Secretary. 
‘‘(C) CERTIFICATIONS.—Notwithstanding subparagraph 
(A), if a non-Federal interest carrying out a project under 
this section would, in the absence of a written agreement 
entered into under this paragraph, be required to obtain 
a certification from a State under Federal law to carry 
out the project, such certification shall still be required 
Compliance. 
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132 STAT. 3790 
PUBLIC LAW 115–270—OCT. 23, 2018 
if a written agreement is entered into with respect to 
the project under this paragraph. 
‘‘(4) DATA SHARING.— 
‘‘(A) IN GENERAL.—If a non-Federal interest for a water 
resources development project begins to carry out that 
water resources development project under this section, 
the non-Federal interest may request that the Secretary 
transfer to the non-Federal interest all relevant data and 
documentation under the control of the Secretary with 
respect to that water resources development project. 
‘‘(B) DEADLINE.—Except as provided in subparagraph 
(C), the Secretary shall transfer the data and documenta-
tion requested by a non-Federal interest under subpara-
graph (A) not later than the date that is 90 days after 
the date on which the non-Federal interest so requests 
such data and documentation. 
‘‘(C) LIMITATION.—Nothing in this paragraph obligates 
the Secretary to share any data or documentation that 
the Secretary considers to be proprietary information.’’; 
(2) by amending subsection (c) to read as follows: 
‘‘(c) STUDIES AND ENGINEERING.— 
‘‘(1) IN GENERAL.—When requested by an appropriate non- 
Federal interest, the Secretary shall undertake all necessary 
studies, engineering, and technical assistance on construction 
for any project to be undertaken under subsection (b), and 
provide technical assistance in obtaining all necessary permits 
for the construction, if the non-Federal interest contracts with 
the Secretary to furnish the United States funds for the studies, 
engineering, or technical assistance on construction in the 
period during which the studies, engineering, or technical 
assistance on construction are being conducted. 
‘‘(2) NO WAIVER.—Nothing in this section may be construed 
to waive any requirement of section 3142 of title 40, United 
States Code. 
‘‘(3) LIMITATION.—Funds provided by non-Federal interests 
under this subsection shall not be eligible for credit or 
reimbursement under subsection (d). 
‘‘(4) IMPARTIAL DECISIONMAKING.—In carrying out this sec-
tion, the Secretary shall ensure that the use of funds accepted 
from a non-Federal interest will not affect the impartial 
decisionmaking of the Secretary, either substantively or proce-
durally.’’; and 
(3) in subsection (d)— 
(A) in paragraph (3)— 
(i) in subparagraph (A), by striking ‘‘; and’’ and 
inserting a semicolon; 
(ii) in subparagraph (B)(ii), by striking the period 
at the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the following: 
‘‘(C) in the case of reimbursement, appropriations are 
provided by Congress for such purpose.’’; and 
(B) in paragraph (5)— 
(i) by striking ‘‘flood damage reduction’’ each place 
it appears and inserting ‘‘water resources develop-
ment’’; 
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132 STAT. 3791 
PUBLIC LAW 115–270—OCT. 23, 2018 
(ii) in subparagraph (A), by striking ‘‘for a discrete 
segment of a’’ and inserting ‘‘for carrying out a discrete 
segment of a federally authorized’’; and 
(iii) in subparagraph (D), in the matter preceding 
clause (i), by inserting ‘‘to be carried out’’ after 
‘‘project’’. 
SEC. 1154. CORPS BUDGETING; PROJECT DEAUTHORIZATIONS; COM-
PREHENSIVE BACKLOG REPORT. 
(a) IN GENERAL.—Section 1001 of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 579a) is amended— 
(1) by striking the section designator and all that follows 
through ‘‘Any project’’ and inserting the following: 
‘‘SEC. 1001. CORPS BUDGETING; PROJECT DEAUTHORIZATIONS; COM-
PREHENSIVE BACKLOG REPORT. 
‘‘(a) Any project’’; and 
(2) in subsection (b), by striking paragraphs (3) and (4) 
and inserting the following: 
‘‘(3) COMPREHENSIVE CONSTRUCTION BACKLOG AND OPER-
ATION AND MAINTENANCE REPORT.— 
‘‘(A) IN GENERAL.—The Secretary, once every 2 years, 
shall compile and publish— 
‘‘(i) a complete list of all projects and separable 
elements of projects of the Corps of Engineers that 
are authorized for construction but have not been com-
pleted; 
‘‘(ii) a complete list of all feasibility studies of 
the Corps of Engineers that Congress has authorized 
the Secretary to carry out for which a Report of the 
Chief of Engineers has not been issued; 
‘‘(iii) a complete list of all environmental infra-
structure projects authorized by Congress under sec-
tion 219 of the Water Resources Development Act of 
1992 (106 Stat. 4835); and 
‘‘(iv) a list of major Federal operation and mainte-
nance needs of projects and properties under the con-
trol of the Corps of Engineers. 
‘‘(B) REQUIRED
INFORMATION.—The Secretary shall 
include on each list developed under clause (i), (ii), or 
(iii) of subparagraph (A) for each feasibility study, project, 
and separable element on that list— 
‘‘(i) the date of authorization of the feasibility 
study, project, or separable element, including any sub-
sequent modifications to the original authorization; 
‘‘(ii) the original budget authority for the feasibility 
study, project, or separable element; 
‘‘(iii) a brief description of the feasibility study, 
project, or separable element; 
‘‘(iv) the estimated date of completion of the feasi-
bility study, project, or separable element, assuming 
all capability is fully funded; 
‘‘(v) the estimated total cost of completion of the 
feasibility study, project, or separable element; 
‘‘(vi) the amount of funds spent on the feasibility 
study, project, or separable element, including Federal 
and non-Federal funds; 
Cost estimate. 
Estimate. 
Time period. 
Lists. 
33 USC 579f. 
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132 STAT. 3792 
PUBLIC LAW 115–270—OCT. 23, 2018 
‘‘(vii) the amount of appropriations estimated to 
be required in each fiscal year during the period of 
construction to complete the project or separable ele-
ment by the date specified under clause (iv); 
‘‘(viii) the location of the feasibility study, project, 
or separable element; 
‘‘(ix) a statement from the non-Federal interest 
for the project or separable element indicating the 
non-Federal 
interest’s 
capability 
to 
provide 
the 
required local cooperation estimated to be required 
for the project or separable element in each fiscal year 
during the period of construction; 
‘‘(x) the benefit-cost ratio of the project or separable 
element, calculated using the discount rate specified 
by the Office of Management and Budget for purposes 
of preparing the President’s budget pursuant to chapter 
11 of title 31, United States Code; 
‘‘(xi) the benefit-cost ratio of the project or sepa-
rable element, calculated using the discount rate uti-
lized by the Corps of Engineers for water resources 
development project planning pursuant to section 80 
of the Water Resources Development Act of 1974 (42 
U.S.C. 1962d–17); and 
‘‘(xii) the last fiscal year in which the project or 
separable element incurred obligations. 
‘‘(C) REQUIRED OPERATION AND MAINTENANCE INFORMA-
TION.—The Secretary shall include on the list developed 
under subparagraph (A)(iv), for each project and property 
under the control of the Corps of Engineers on that list— 
‘‘(i) the authority under which the project was 
authorized or the property was acquired by the Corps 
of Engineers; 
‘‘(ii) a brief description of the project or property; 
‘‘(iii) an estimate of the Federal costs to meet the 
major operation and maintenance needs at the project 
or property; and 
‘‘(iv) an estimate of unmet or deferred operation 
and maintenance needs at the project or property. 
‘‘(D) PUBLICATION.— 
‘‘(i) IN GENERAL.—For fiscal year 2020, and once 
every 2 years thereafter, in conjunction with the Presi-
dent’s annual budget submission to Congress under 
section 1105(a) of title 31, United States Code, the 
Secretary shall submit a copy of the lists developed 
under subparagraph (A) to— 
‘‘(I) the Committee on Environment and Public 
Works and the Committee on Appropriations of 
the Senate and the Committee on Transportation 
and Infrastructure and the Committee on Appro-
priations of the House of Representatives; and 
‘‘(II) the Director of the Office of Management 
and Budget. 
‘‘(ii) PUBLIC
AVAILABILITY.—The Secretary shall 
make a copy of the lists available on a publicly acces-
sible website site in a manner that is downloadable, 
searchable, and sortable.’’. 
Web posting. 
Time period. 
Estimates. 
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132 STAT. 3793 
PUBLIC LAW 115–270—OCT. 23, 2018 
(b) BUDGETARY EVALUATION METRICS
AND TRANSPARENCY.— 
Beginning in fiscal year 2020, in the formulation of the annual 
budget request for the U.S. Army Corps of Engineers (Civil Works) 
pursuant to section 1105(a) of title 31, United States Code, the 
President shall ensure that such budget request— 
(1) aligns the assessment of the potential benefit-cost ratio 
for budgeting water resources development projects with that 
used by the Corps of Engineers during project plan formulation 
and evaluation pursuant to section 80 of the Water Resources 
Development Act of 1974 (42 U.S.C. 1962d–17); and 
(2) demonstrates the transparent criteria and metrics uti-
lized by the President in the evaluation and selection of water 
resources development projects included in such budget request. 
(c) PUBLIC PARTICIPATION.—In the development of, or any pro-
posed major substantive modification to, a proposed budget for 
water resources development projects, the Secretary, through each 
District shall, not less frequently than annually— 
(1) provide to non-Federal interests and other interested 
stakeholders information on the proposed budget for projects 
or substantive modifications to project budgets within each 
District’s jurisdiction; 
(2) hold multiple public meetings to discuss the budget 
for projects within each District’s jurisdiction; and 
(3) provide to non-Federal interests the opportunity to 
collaborate with District personnel for projects within each 
District’s jurisdiction— 
(A) to support information sharing; and 
(B) to the maximum extent practicable, to share in 
concept development and decisionmaking to achieve com-
plementary or integrated solutions to problems. 
SEC. 1155. INDIAN TRIBES. 
(a) COST SHARING PROVISIONS FOR TERRITORIES AND INDIAN 
TRIBES.—Section 1156(a)(2) of the Water Resources Development 
Act of 1986 (33 U.S.C. 2310(a)(2)) is amended by striking ‘‘(as 
defined’’ and all that follows through the period at the end and 
inserting ‘‘or tribal organization (as those terms are defined in 
section 4 of the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304)).’’. 
(b) WRITTEN AGREEMENT REQUIREMENT FOR WATER RESOURCES 
PROJECTS.—Section 221(b)(1) of the Flood Control Act of 1970 (42 
U.S.C. 1962d–5b(b)(1)) is amended by striking ‘‘(including a’’ and 
all that follows through ‘‘; or’’ at the end and inserting ‘‘(including 
an Indian tribe and a tribal organization (as those terms are defined 
in section 4 of the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 5304)); or’’. 
SEC. 1156. 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)) is amended by striking ‘‘the date of enact-
ment of this subsection’’ and inserting ‘‘the date of enactment of 
the Water Resources Development Act of 2018’’. 
SEC. 1157. CORPS OF ENGINEERS CONTINUING AUTHORITIES PRO-
GRAM. 
(a) STORM AND HURRICANE RESTORATION AND IMPACT MINIMIZA-
TION PROGRAM.—Section 3(c)(1) of the Act of August 13, 1946 (33 
Time period. 
Effective date. 
President. 
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132 STAT. 3794 
PUBLIC LAW 115–270—OCT. 23, 2018 
U.S.C. 426g(c)(1)) is amended by striking ‘‘$30,000,000’’ and 
inserting ‘‘$37,500,000’’. 
(b) SMALL RIVER AND HARBOR IMPROVEMENT PROJECTS.—Sec-
tion 107(a) of the River and Harbor Act of 1960 (33 U.S.C. 577(a)) 
is amended by striking ‘‘$50,000,000’’ and inserting ‘‘$62,500,000’’. 
(c) SHORE DAMAGE PREVENTION OR MITIGATION.—Section 111(c) 
of the River and Harbor Act of 1968 (33 U.S.C. 426i(c)) is amended 
by striking ‘‘$10,000,000’’ and inserting ‘‘$12,500,000’’. 
(d) REGIONAL SEDIMENT MANAGEMENT.—Section 204(g) of the 
Water Resources Development Act of 1992 (33 U.S.C. 2326(g)) is 
amended in the first sentence by striking ‘‘$50,000,000’’ and 
inserting ‘‘$62,500,000’’. 
(e) SMALL FLOOD CONTROL PROJECTS.—Section 205 of the Flood 
Control Act of 1948 (33 U.S.C. 701s) is amended in the first sentence 
by striking ‘‘$55,000,000’’ and inserting ‘‘$68,750,000’’. 
(f) AQUATIC ECOSYSTEM RESTORATION.—Section 206(f) of the 
Water Resources Development Act of 1996 (as redesignated by 
section 1149) is amended by striking ‘‘$50,000,000’’ and inserting 
‘‘$62,500,000’’. 
(g) PROJECT MODIFICATIONS FOR IMPROVEMENT OF ENVIRON-
MENT.—Section 1135(h) of the Water Resources Development Act 
of 1986 (33 U.S.C. 2309a(h)) is amended by striking ‘‘$40,000,000’’ 
and inserting ‘‘$50,000,000’’. 
(h) EMERGENCY STREAMBANK AND SHORELINE PROTECTION.— 
Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is 
amended by striking ‘‘$20,000,000’’ and inserting ‘‘$25,000,000’’. 
(i) TRIBAL PARTNERSHIP PROGRAM.—Section 203(b)(4) of the 
Water Resources Development Act of 2000 (33 U.S.C. 2269) is 
amended to read as follows: 
‘‘(4) DESIGN AND CONSTRUCTION.— 
‘‘(A) IN GENERAL.—The Secretary may carry out the 
design and construction of a water resources development 
project, or separable element of a project, described in 
paragraph (1) that the Secretary determines is feasible 
if the Federal share of the cost of the project or separable 
element is not more than $12,500,000. 
‘‘(B) SPECIFIC AUTHORIZATION.—If the Federal share 
of the cost of the project or separable element described 
in subparagraph (A) is more than $12,500,000, the Sec-
retary may only carry out the project or separable element 
if Congress enacts a law authorizing the Secretary to carry 
out the project or separable element.’’. 
SEC. 1158. HURRICANE AND STORM DAMAGE REDUCTION. 
Section 156 of the Water Resources Development Act of 1976 
(42 U.S.C. 1962d–5f) is amended— 
(1) in subsection (b)— 
(A) by striking ‘‘Notwithstanding’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—Notwithstanding’’; and 
(B) by adding at the end the following: 
‘‘(2) TIMING.—The 15 additional years provided under para-
graph (1) shall begin on the date of initiation of construction 
of congressionally authorized nourishment.’’; and 
(2) in subsection (e), by striking ‘‘5 year-period’’ and 
inserting ‘‘10-year period’’. 
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132 STAT. 3795 
PUBLIC LAW 115–270—OCT. 23, 2018 
SEC. 1159. REGIONAL COALITIONS AND HIGHER EDUCATION. 
Section 22(a) of the Water Resources Development Act of 1974 
(42 U.S.C. 1962d–16(a)) is amended— 
(1) by amending paragraph (1) to read as follows: 
‘‘(1) COMPREHENSIVE PLANS.—The Secretary of the Army, 
acting through the Chief of Engineers, is authorized to 
cooperate with any State, group of States, non-Federal interest 
working with a State or group of States, or regional coalition 
of governmental entities in the preparation of comprehensive 
plans for the development, utilization, and conservation of the 
water and related resources of drainage basins, watersheds, 
or ecosystems located within the boundaries of such State, 
interest, or entity, including plans to comprehensively address 
water resources challenges, and to submit to Congress reports 
and recommendations with respect to appropriate Federal 
participation in carrying out such plans.’’; and 
(2) by adding at the end the following: 
‘‘(3) INSTITUTION OF HIGHER EDUCATION.—Notwithstanding 
section 236 of title 10, United States Code, in carrying out 
this subsection, the Secretary may work with an institution 
of higher education, as determined appropriate by the Sec-
retary.’’. 
SEC. 1160. EMERGENCY RESPONSE TO NATURAL DISASTERS. 
Section 5(a)(1) of the Act of August 18, 1941 (33 U.S.C. 
701n(a)(1)) is amended in the first sentence— 
(1) by striking ‘‘strengthening, raising, extending, or other 
modification thereof’’ and inserting ‘‘strengthening, raising, 
extending, realigning, or other modification thereof’’; and 
(2) by striking ‘‘structure or project damaged or destroyed 
by wind, wave, or water action of other than an ordinary 
nature to the design level of protection when, in the discretion 
of the Chief of Engineers,’’ and inserting ‘‘structure or project 
damaged or destroyed by wind, wave, or water action of other 
than an ordinary nature to either the pre-storm level or the 
design level of protection, whichever provides greater protec-
tion, when, in the discretion of the Chief of Engineers,’’. 
SEC. 1161. COST AND BENEFIT FEASIBILITY ASSESSMENT. 
(a) COST BENEFIT AND SPECIAL CONDITIONS.—Section 5(a) of 
the Act of August 18, 1941 (33 U.S.C. 701n(a)), as amended by 
this Act, is further amended by striking paragraph (2) and inserting 
the following: 
‘‘(2) COST AND BENEFIT FEASIBILITY ASSESSMENT.— 
‘‘(A) CONSIDERATION OF BENEFITS.—In preparing a cost 
and benefit feasibility assessment for any emergency 
project described in paragraph (1), the Chief of Engineers 
shall consider the benefits to be gained by such project 
for the protection of— 
‘‘(i) residential establishments; 
‘‘(ii) commercial establishments, including the 
protection of inventory; and 
‘‘(iii) agricultural establishments, including the 
protection of crops. 
‘‘(B) SPECIAL CONDITIONS.— 
‘‘(i) AUTHORITY TO CARRY OUT WORK.—The Chief 
of Engineers may carry out repair or restoration work 
Cooperation. 
Reports. 
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132 STAT. 3796 
PUBLIC LAW 115–270—OCT. 23, 2018 
described in paragraph (1) that does not produce bene-
fits greater than the cost if— 
‘‘(I) the non-Federal sponsor agrees to pay an 
amount sufficient to make the remaining costs of 
the project equal to the estimated value of the 
benefits of the repair or restoration work; and 
‘‘(II) the Secretary determines that— 
‘‘(aa) the damage to the structure was not 
a result of negligent operation or maintenance; 
and 
‘‘(bb) repair of the project could benefit 
another Corps project. 
‘‘(ii) TREATMENT OF PAYMENTS.—Non-Federal pay-
ments pursuant to clause (i) shall be in addition to 
any non-Federal payments required by the Chief of 
Engineers that are applicable to the remaining costs 
of the repair or restoration work.’’. 
(b) CONTINUED ELIGIBILITY.—Notwithstanding a non-Federal 
flood control work’s status in the Rehabilitation and Inspection 
Program carried out pursuant to section 5 of the Act of August 
18, 1941 (33 U.S.C. 701n), any unconstructed emergency project 
for the non-Federal flood control work that was formulated during 
the three fiscal years preceding the fiscal year in which this Act 
was enacted but that was determined to not produce benefits greater 
than costs shall remain eligible for assistance under such section 
5 until the last day of the third fiscal year following the fiscal 
year in which this Act was enacted if— 
(1) the non-Federal sponsor agrees, in accordance with 
such section 5, as amended by this Act, to pay an amount 
sufficient to make the remaining costs of the project equal 
to the estimated value of the benefits of the repair or restoration 
work; and 
(2) the Secretary determines that— 
(A) the damage to the structure was not as a result 
of negligent operation or maintenance; and 
(B) repair of the project could benefit another Corps 
project. 
SEC. 1162. EXTENDED COMMUNITY ASSISTANCE BY THE CORPS OF 
ENGINEERS. 
Section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)), 
as amended by this Act, is further amended— 
(1) by redesignating paragraph (3) as paragraph (4); and 
(2) by inserting after paragraph (2) the following: 
‘‘(3) EXTENDED ASSISTANCE.—Upon request by a locality 
receiving assistance under the fourth sentence of paragraph 
(1), the Secretary shall, subject to the availability of appropria-
tions, enter into an agreement with the locality to provide 
such assistance beyond the time period otherwise provided 
for by the Secretary under such sentence.’’. 
SEC. 1163. DAM SAFETY. 
Section 14 of the National Dam Safety Program Act (33 U.S.C. 
467j) is amended by striking ‘‘2015 through 2019’’ each place it 
appears and inserting ‘‘2019 through 2023’’. 
Determinations. 
33 USC 701n 
note. 
Determinations. 
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132 STAT. 3797 
PUBLIC LAW 115–270—OCT. 23, 2018 
SEC. 1164. LOCAL GOVERNMENT WATER MANAGEMENT PLANS. 
With the consent of the non-Federal interest for a feasibility 
study for a water resources development project, the Secretary 
may enter into a written agreement under section 221(a) of the 
Flood Control Act of 1970, with a unit of local government in 
the watershed that has adopted a local or regional water manage-
ment plan, to allow the unit of local government to participate 
in the feasibility study to determine if there is an opportunity 
to include additional feasible elements in the project in order to 
help achieve the purposes identified in the local or regional water 
management plan. 
SEC. 1165. STRUCTURES AND FACILITIES CONSTRUCTED BY SEC-
RETARY. 
Section 14 of the Act of March 3, 1899 (33 U.S.C. 408) is 
amended by adding at the end the following: 
‘‘(d) WORK DEFINED.—For the purposes of this section, the 
term ‘work’ shall not include unimproved real estate owned or 
operated by the Secretary as part of a water resources development 
project if the Secretary determines that modification of such real 
estate would not affect the function and usefulness of the project.’’. 
SEC. 1166. ADVANCED FUNDS FOR WATER RESOURCES DEVELOPMENT 
STUDIES AND PROJECTS. 
(a) CONTRIBUTIONS
BY STATES
AND POLITICAL SUBDIVISIONS 
FOR IMMEDIATE USE ON AUTHORIZED FLOOD-CONTROL WORK; REPAY-
MENT.—The Act of October 15, 1940 (33 U.S.C. 701h–1) is 
amended— 
(1) by striking ‘‘a flood-control project duly adopted and 
authorized by law’’ and inserting ‘‘a federally authorized water 
resources development project,’’; 
(2) by striking ‘‘such work’’ and inserting ‘‘such project’’; 
(3) by striking ‘‘from appropriations which may be provided 
by Congress for flood-control work’’ and inserting ‘‘if appropria-
tions are provided by Congress for such purpose’’; and 
(4) by adding at the end the following: ‘‘For purposes of 
this Act, the term ‘State’ means the several States, the District 
of Columbia, the commonwealths, territories, and possessions 
of the United States, and Indian tribes (as defined in section 
4(e) of the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304(e))).’’. 
(b) NO ADVERSE EFFECT ON PROCESSES.—In implementing any 
provision of law that authorizes a non-Federal interest to provide, 
advance, or contribute funds to the Secretary for the development 
or implementation of a water resources development project 
(including sections 203 and 204 of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 2231, 2232), section 5 of the Act 
of June 22, 1936 (33 U.S.C. 701h), and the Act of October 15, 
1940 (33 U.S.C. 701h–1)), the Secretary shall ensure, to the max-
imum extent practicable, that the use by a non-Federal interest 
of such authorities does not adversely affect— 
(1) 
the 
process 
or 
timeline 
for 
development 
and 
implementation of other water resources development projects 
by other non-Federal entities that do not use such authorities; 
or 
33 USC 701h–2. 
Definition. 
Study. 
Determination. 
42 USC 
1962d–5b note. 
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132 STAT. 3798 
PUBLIC LAW 115–270—OCT. 23, 2018 
(2) the process for including such projects in the President’s 
annual budget submission to Congress under section 1105(a) 
of title 31, United States Code. 
(c) ADVANCES BY PRIVATE PARTIES; REPAYMENT.—Section 11 
of the Act of March 3, 1925 (Chapter 467; 33 U.S.C. 561) is repealed. 
SEC. 1167. COSTS IN EXCESS OF FEDERAL PARTICIPATION LIMIT. 
Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r), 
as amended by this Act, is further amended by inserting ‘‘, and 
if such amount is not sufficient to cover the costs included in 
the Federal cost share for a project, as determined by the Secretary, 
the non-Federal interest shall be responsible for any such costs 
that exceed such amount’’ before the period at the end. 
SEC. 1168. DISPOSITION OF PROJECTS. 
(a) IN GENERAL.—In carrying out a disposition study for a 
project of the Corps of Engineers, or a separable element of such 
a project, including a disposition study under section 216 of the 
Flood Control Act of 1970 (33 U.S.C. 549a), the Secretary shall 
consider modifications that would improve the overall quality of 
the environment in the public interest, including removal of the 
project or separable element of a project. 
(b) DISPOSITION STUDY TRANSPARENCY.—The Secretary shall 
carry out disposition studies described in subsection (a) in a trans-
parent manner, including by— 
(1) providing opportunities for public input; and 
(2) publishing the final disposition studies. 
(c) REMOVAL
OF
INFRASTRUCTURE.—For disposition studies 
described in subsection (a) in which the Secretary determines that 
a Federal interest no longer exists, and makes a recommendation 
of removal of the project or separable element of a project, the 
Secretary is authorized, using existing authorities, to pursue 
removal of the project or separable element of a project in partner-
ship with other Federal agencies and non-Federal entities with 
appropriate capabilities to undertake infrastructure removal. 
SEC. 1169. CONTRIBUTED FUNDS FOR NON-FEDERAL RESERVOIR 
OPERATIONS. 
Section 5 of the Act of June 22, 1936 (33 U.S.C. 701h), is 
amended by inserting after ‘‘authorized purposes of the project:’’ 
the following: ‘‘Provided further, That the Secretary is authorized 
to receive and expend funds from an owner of a non-Federal res-
ervoir to formulate, review, or revise operational documents for 
any non-Federal reservoir for which the Secretary is authorized 
to prescribe regulations for the use of storage allocated for flood 
control or navigation pursuant to section 7 of the Act of December 
22, 1944 (33 U.S.C. 709):’’. 
SEC. 1170. WATERCRAFT INSPECTION STATIONS. 
Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 
610) is amended— 
(1) by amending subsection (b) to read as follows: 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be appropriated 
to carry out this section $110,000,000 for each fiscal year, 
of which— 
‘‘(A) $30,000,000 shall be made available to carry out 
subsection (d)(1)(A)(i); 
Recommenda- 
tions. 
Publication. 
Study. 
33 USC 578b. 
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132 STAT. 3799 
PUBLIC LAW 115–270—OCT. 23, 2018 
‘‘(B) $30,000,000 shall be made available to carry out 
subsection (d)(1)(A)(ii); and 
‘‘(C) $30,000,000 shall be made available to carry out 
subsection (d)(1)(A)(iii). 
‘‘(2) CONTROL
OPERATIONS.—Any funds made available 
under paragraph (1) to be 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 amending paragraph (1) to read as follows: 
‘‘(1) IN GENERAL.— 
‘‘(A) WATERCRAFT INSPECTION STATIONS.—In carrying 
out this section, the Secretary shall establish (as 
applicable), operate, and maintain new or existing 
watercraft inspection stations— 
‘‘(i) to protect the Columbia River Basin; 
‘‘(ii) to protect the Upper Missouri River Basin; 
and 
‘‘(iii) to protect the Upper Colorado River Basin 
and the South Platte and Arizona River Basins. 
‘‘(B) 
LOCATIONS.—The 
Secretary 
shall 
establish 
watercraft inspection stations under subparagraph (A) at 
locations with the highest likelihood of preventing the 
spread of aquatic invasive species at reservoirs operated 
and maintained by the Secretary, as determined by the 
Secretary in consultation with States within the areas 
described in subparagraph (A). 
‘‘(C) RAPID
RESPONSE.—The Secretary shall assist 
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 amending paragraph (3)(A) to read as follows: 
‘‘(A) the Governors of the States within the areas 
described in each of clauses (i) through (iii) of paragraph 
(1)(A), as applicable;’’. 
SEC. 1171. RESTRICTED AREAS AT CORPS OF ENGINEERS DAMS. 
Section 2 of the Freedom to Fish Act (Public Law 113–13; 
127 Stat. 449, 128 Stat. 1271) is amended by striking ‘‘4 years 
after the date of enactment of the Water Resources Reform and 
Development Act of 2014’’ each place it appears and inserting 
‘‘5 years after the date of enactment of the Water Resources 
Development Act of 2018’’. 
SEC. 1172. COASTAL EROSION. 
(a) IN GENERAL.—Pursuant to section 111 of the River and 
Harbor Act of 1968 (33 U.S.C. 426i), the Secretary shall, to the 
maximum extent practicable, complete operation and maintenance 
renourishment to mitigate coastal erosion attributed to Federal 
project structures in the upper northeast United States. 
(b) PROJECT SELECTION.—In carrying out the work under sub-
section (a), the Secretary shall— 
(1) identify and carry out not more than five projects— 
(A) located in any of the States of Maine, New Hamp-
shire, Massachusetts, Connecticut, Rhode Island, or New 
York; and 
State listing. 
33 USC 426i 
note. 
Consultation. 
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132 STAT. 3800 
PUBLIC LAW 115–270—OCT. 23, 2018 
(B) for which a feasibility study has been completed 
by December 31, 2019, that includes findings that a Federal 
project structure is interrupting the natural flow of sedi-
ment and causing coastal erosion; and 
(2) consult with relevant State agencies in selecting 
projects. 
SEC. 1173. PROHIBITION ON SURPLUS WATER FEES, LAKE CUM-
BERLAND WATERSHED, KENTUCKY AND TENNESSEE. 
(a) IN GENERAL.—The Secretary shall not charge a fee for 
surplus water under a contract entered into pursuant to section 
6 of the Act of December 22, 1944 (33 U.S.C. 708), if the contract 
is for surplus water stored in the Lake Cumberland Watershed, 
Kentucky and Tennessee. 
(b) TERMINATION.—The limitation under subsection (a) shall 
expire on the date that is 2 years after the date of enactment 
of this Act. 
(c) APPLICABILITY.—Nothing in this section— 
(1) affects the authority of the Secretary under section 
2695 of title 10, United States Code, to accept funds or to 
cover the administrative expenses relating to certain real prop-
erty transactions; 
(2) affects the application of section 6 of the Act of 
December 22, 1944 (33 U.S.C. 708) or section 301 of the Water 
Supply Act of 1958 (43 U.S.C. 390b) to surplus water stored 
outside of the Lake Cumberland Watershed, Kentucky and 
Tennessee; or 
(3) affects the authority of the Secretary to accept funds 
under section 216(c) of the Water Resources Development Act 
of 1996 (33 U.S.C. 2321a(c)). 
SEC. 1174. MIDDLE RIO GRANDE PEAK FLOW RESTORATION. 
(a) RESTARTING
OF TEMPORARY DEVIATION.—Subject to sub-
section (b), the Secretary shall restart the temporary deviation 
in the operation of Cochiti Lake and Jemez Canyon Dam, that 
was initiated in 2009 and terminated in 2013, to continue to 
evaluate the effects of the deviation. 
(b) APPROVAL AND CONSULTATION.—Before restarting the tem-
porary deviation under subsection (a), the Secretary shall, as 
required under the applicable water control manuals— 
(1) first obtain approval from— 
(A) Pueblo de Cochiti; 
(B) Pueblo of Santa Ana; and 
(C) the Rio Grande Compact Commission established 
by the compact approved by Congress under the Act of 
May 31, 1939 (53 Stat. 785, chapter 155); and 
(2) to the maximum extent practicable, consult with the 
existing Cochiti Lake Environmental Resources Team, which 
includes other Federal agencies and landowners in the region. 
(c) SUNSET.—The authority to conduct the temporary deviation 
described in subsection (a) shall terminate on the date that is 
5 years after the date on which the Secretary restarts the temporary 
deviation under such subsection. 
SEC. 1175. PROHIBITION OF ADMINISTRATIVE FEES IN IMPLEMENTING 
ROUGH RIVER LAKE FLOWAGE EASEMENT ENCROACH-
MENT RESOLUTION PLAN. 
(a) DEFINITIONS.—In this section: 
Consultation. 
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132 STAT. 3801 
PUBLIC LAW 115–270—OCT. 23, 2018 
(1) ELIGIBLE PROPERTY OWNER.—The term ‘‘eligible prop-
erty owner’’ means the owner of a property— 
(A)(i) described in Scenario A, B, C, or D in the Plan; 
or 
(ii) that consists of vacant land located above 534 feet 
mean sea level that is encumbered by a Rough River Lake 
flowage easement; and 
(B) for which the Rough River Lake flowage easement 
is not required to address backwater effects. 
(2) PLAN.—The term ‘‘Plan’’ means the Rough River Lake 
Flowage Easement Encroachment Resolution Plan of the Corps 
of Engineers, dated January 2017. 
(b) PROHIBITION
ON ASSESSING ADMINISTRATIVE FEES.—Not-
withstanding any other provision of law, in carrying out the Plan, 
the Secretary may not impose on or collect from any eligible prop-
erty owner any administrative fee, including— 
(1) a fee to pay the costs to the Corps of Engineers of 
processing requests to resolve encroachments under the Plan; 
(2) fees for deed drafting and surveying; and 
(3) any other administrative cost incurred by the Corps 
of Engineers in implementing the Plan. 
(c) REFUND OF ADMINISTRATIVE FEES.—In the case of an eligible 
property owner who has paid any administrative fees described 
in paragraphs (1) through (3) of subsection (b) to the Corps of 
Engineers, the Corps of Engineers shall refund those fees on request 
of the eligible property owner. 
(d) SAVINGS PROVISION.—Nothing in this section affects the 
responsibility or authority of the Secretary to continue carrying 
out the Plan, including any work necessary to extinguish the flow-
age easement of the United States with respect to the property 
of any eligible property owner. 
SEC. 1176. PRECONSTRUCTION ENGINEERING DESIGN DEMONSTRA-
TION PROGRAM. 
(a) DEFINITION
OF ENVIRONMENTAL IMPACT STATEMENT.—In 
this section, the term ‘‘environmental impact statement’’ means 
the detailed written statement required under section 102(2)(C) 
of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)). 
(b) DEMONSTRATION PROGRAM.—The Secretary shall establish 
a demonstration program to allow a project authorized to execute 
pursuant to section 211 of the Water Resources Development Act 
of 1996 (33 U.S.C. 701b–13) (as in effect on the day before the 
date of enactment of the Water Resources Reform and Development 
Act of 2014 (128 Stat. 1193)) to begin preconstruction engineering 
and design on a determination by the Secretary that the project 
is technically feasible, economically justified, and environmentally 
acceptable. 
(c) REQUIREMENTS.—For each project authorized to begin 
preconstruction engineering and design under subsection (b)— 
(1) the project shall conform to the feasibility study and 
the environmental impact statement approved by the Secretary; 
and 
(2) the Secretary and the non-Federal sponsor shall jointly 
agree to the construction design of the project. 
(d) SECRETARY REVIEW
OF POTENTIAL ADVERSE IMPACTS.— 
When reviewing the feasibility study and the environmental impact 
Determination. 
33 USC 2232 
note. 
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132 STAT. 3802 
PUBLIC LAW 115–270—OCT. 23, 2018 
statement for a project under subsection (b), the Secretary shall 
follow current USACE Policy, Regulations, and Guidance, to assess 
potential adverse downstream impacts to the Pearl River Basin. 
Upon completion of the Secretary’s determination under subsection 
(b), the non-Federal sponsor shall design the project in a manner 
that addresses any potential adverse impacts or that provides miti-
gation in accordance with section 906 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2283). 
(e) SUNSET.—The authority to carry out the demonstration pro-
gram under this section shall terminate on the date that is 5 
years after the date of enactment of this Act. 
(f) SAVINGS PROVISION.—Nothing in this section supersedes, 
precludes, or affects any applicable requirements for a project under 
subsection (b) under— 
(1) section 906 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2283); or 
(2) the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). 
Subtitle B—Studies and Reports 
SEC. 1201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES. 
The Secretary is authorized to conduct a feasibility study for 
the following projects for water resources development and con-
servation and other purposes, as identified in the reports titled 
‘‘Report to Congress on Future Water Resources Development’’ sub-
mitted to Congress on March 17, 2017, and February 5, 2018, 
respectively, pursuant to section 7001 of the Water Resources 
Reform and Development Act of 2014 (33 U.S.C. 2282d) or otherwise 
reviewed by Congress: 
(1) CAVE
BUTTES
DAM, ARIZONA.—Project for flood risk 
management, Phoenix, Arizona. 
(2) SAN DIEGO RIVER, CALIFORNIA.—Project for flood risk 
management, navigation, and ecosystem restoration, San Diego, 
California. 
(3) J. BENNETT JOHNSTON WATERWAY, LOUISIANA.—Project 
for navigation, J. Bennett Johnston Waterway, Louisiana. 
(4) 
NORTHSHORE, 
LOUISIANA.—Project 
for 
flood 
risk 
management, St. Tammany Parish, Louisiana. 
(5) 
OUACHITA-BLACK
RIVERS, 
LOUISIANA.—Project 
for 
navigation, Little River, Louisiana. 
(6) CHAUTAUQUA LAKE, NEW YORK.—Project for ecosystem 
restoration and flood risk management, Chautauqua, New York. 
(7) TRINITY
RIVER
AND
TRIBUTARIES, TEXAS.—Project for 
navigation, Liberty, Texas. 
(8) WEST
CELL
LEVEE, TEXAS.—Project for flood risk 
management, Irving, Texas. 
(9) COASTAL
VIRGINIA, VIRGINIA.—Project for flood risk 
management, ecosystem restoration, and navigation, Coastal 
Virginia. 
(10) TANGIER
ISLAND, VIRGINIA.—Project for flood risk 
management and ecosystem restoration, Tangier Island, Vir-
ginia. 
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132 STAT. 3803 
PUBLIC LAW 115–270—OCT. 23, 2018 
SEC. 1202. ADDITIONAL STUDIES. 
(a) LOWER MISSISSIPPI RIVER; MISSOURI, KENTUCKY, TEN-
NESSEE, ARKANSAS, MISSISSIPPI, AND LOUISIANA.— 
(1) IN GENERAL.—The Secretary is authorized to carry out 
studies to determine the feasibility of habitat restoration for 
each of the eight reaches identified as priorities in the report 
prepared by the Secretary pursuant to section 402 of the Water 
Resources Development Act of 2000, titled ‘‘Lower Mississippi 
River Resource Assessment; Final Assessment In Response to 
Section 402 of WRDA 2000’’ and dated July 2015. 
(2) CONSULTATION.—The Secretary shall consult with the 
Lower Mississippi River Conservation Committee during each 
feasibility study carried out under paragraph (1). 
(b) ST. LOUIS RIVERFRONT, MERAMEC RIVER BASIN, MISSOURI 
AND ILLINOIS.— 
(1) IN GENERAL.—The Secretary is authorized to carry out 
studies to determine the feasibility of a project for ecosystem 
restoration and flood risk management in Madison, St. Clair, 
and Monroe Counties, Illinois, St. Louis City, and St. Louis, 
Jefferson, Franklin, Gasconade, Maries, Phelps, Crawford, 
Dent, Washington, Iron, St. Francois, St. Genevieve, Osage, 
Reynolds, and Texas Counties, Missouri. 
(2) CONTINUATION OF EXISTING STUDY.—Any study carried 
out under paragraph (1) shall be considered a continuation 
of the study being carried out under Committee Resolution 
2642 of the Committee on Transportation and Infrastructure 
of the House of Representatives, adopted June 21, 2000. 
SEC. 1203. EXPEDITED COMPLETION. 
(a) FEASIBILITY REPORTS.—The Secretary shall expedite the 
completion of a feasibility study for each of the following projects, 
and if the Secretary determines that the project is justified in 
a completed report, may proceed directly to preconstruction plan-
ning, engineering, and design of the project: 
(1) Project for riverbank stabilization, Selma, Alabama. 
(2) Project for ecosystem restoration, Three Mile Creek, 
Alabama. 
(3) Project for navigation, Nome, Alaska. 
(4) Project for flood diversion, Seward, Alaska. 
(5) Project for flood control, water conservation, and related 
purposes, Coyote Valley Dam, California. 
(6) Project for flood risk management, Lower Cache Creek, 
California. 
(7) Project for flood risk management, Lower San Joaquin 
River, California, as described in section 1322(b)(2)(F) of the 
Water Resources Development Act of 2016 (130 Stat. 1707) 
(second phase of feasibility study). 
(8) Project for flood risk management, South San Francisco, 
California. 
(9) Project for flood risk management and ecosystem res-
toration, Tijuana River, California. 
(10) Project for flood damage reduction, Westminster-East 
Garden Grove, California. 
(11) Project for flood risk management in East Hartford, 
Connecticut. 
(12) Project for flood risk management in Hartford, Con-
necticut. 
Determination. 
State listing. 
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132 STAT. 3804 
PUBLIC LAW 115–270—OCT. 23, 2018 
(13) Projects under the Comprehensive Flood Mitigation 
Study for the Delaware River Basin. 
(14) Project for ecosystem restoration, Lake Apopka, 
Florida. 
(15) Project for ecosystem restoration, Kansas River Weir, 
Kansas. 
(16) Project 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). 
(17) Project for navigation and channel deepening, Houma 
Navigation Canal, Louisiana, under section 203 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2231). 
(18) Project for navigation and channel deepening, Bayou 
Lafourche, Louisiana, under section 203 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2231). 
(19) Project for flood damage reduction and ecosystem res-
toration, St. Tammany Parish, Louisiana. 
(20) Project for ecosystem restoration, Warren Glen Dam 
Removal, Musconetcong River, New Jersey. 
(21) Project for flood risk management, Rahway River 
Basin, New Jersey. 
(22) The Hudson-Raritan Estuary Comprehensive Restora-
tion Project, New Jersey and New York. 
(23) Project for flood control and water supply, Abiquiu 
Dam, New Mexico. 
(24) Project for reformulation, East Rockaway Inlet to Rock-
away Inlet and Jamaica Bay, Queens, New York. 
(25) Project for navigation, New York-New Jersey Harbor 
and Tributaries Focus Area. 
(26) Project for water resource improvements, Willamette 
River Basin, Fern Ridge, Oregon. 
(27) Project for coastal storm risk management, Pawcatuck 
River, Rhode Island. 
(28) Project for the Rhode Island historical structure flood 
hazard vulnerability assessment. 
(29) Project for coastal storm risk management, Norfolk, 
Virginia. 
(30) Project for navigation, Tacoma Harbor, Washington. 
(b) LOWER SAN JOAQUIN RIVER, CALIFORNIA.—In expediting 
completion of the second phase of the Lower San Joaquin River 
feasibility study under subsection (a)(7), the Secretary shall review 
and give priority to any plans and designs requested by non-Federal 
interests and incorporate such plans and designs into the Federal 
study if the Secretary determines that such plans and designs 
are consistent with Federal standards. 
(c) HUDSON-RARITAN ESTUARY COMPREHENSIVE RESTORATION 
PROJECT, NEW JERSEY
AND NEW YORK.—In the case of a rec-
ommendation for restoration activities within the Jamaica Bay Unit 
of the Hudson-Raritan Estuary Comprehensive Restoration Project, 
New Jersey and New York, under subsection (a)(22), which are 
to protect property under the jurisdiction of the National Park 
Service, the Secretary may recommend to Congress that the Sec-
retary accept and expend funds from the National Park Service 
to carry out such activities. 
(d) POST-AUTHORIZATION CHANGE REPORT.—The Secretary shall 
expedite completion of a post-authorization change report for the 
Review. 
Determination. 
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132 STAT. 3805 
PUBLIC LAW 115–270—OCT. 23, 2018 
project for flood risk management, San Luis Rey River Flood Control 
Protection Project, California. 
(e) HUNTINGDON COUNTY, PENNSYLVANIA.— 
(1) IN GENERAL.—The Secretary shall expedite the updating 
of the master plan for the Juniata River and tributaries project, 
Huntingdon County, Pennsylvania, authorized by section 203 
of the Flood Control Act of 1962 (Public Law 87–874; 76 Stat. 
1182). 
(2) PROCESS.—In carrying out subsection (a), the Secretary 
shall update the master plan in accordance with section 
1309(a)(2) of the Water Resources Development Act of 2016 
(Public Law 114–322; 130 Stat. 1693). 
(f) UPPER MISSOURI RIVER BASIN FLOOD AND DROUGHT MONI-
TORING.—The Secretary shall expedite activities authorized under 
section 4003(a) of the Water Resources Reform and Development 
Act of 2014 (128 Stat. 1311, 130 Stat. 1677). 
(g) PROJECT MODIFICATIONS FOR IMPROVEMENT OF ENVIRON-
MENT.—For fiscal years 2019 and 2020, the Secretary shall give 
priority to projects that restore degraded ecosystems through modi-
fication of existing flood risk management projects for projects— 
(1) authorized under section 1135 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2309a); and 
(2) located within the Upper Missouri River Basin. 
(h) EXPEDITED COMPLETION OF CERTAIN PROJECTS.—It is the 
sense of Congress that the Secretary should provide funding for, 
and expedite the completion of, the following projects: 
(1) West Haven, Connecticut, as 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). 
(2) Providence River, Rhode Island, as 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). 
(3) Morganza to the Gulf, Louisiana, as authorized by sec-
tion 7002(3) of the Water Resources Reform and Development 
Act of 2014 (128 Stat. 1368). 
(4) Louisiana Coastal Area, Louisiana, as authorized by 
section 7002(5) of the Water Resources Reform and Develop-
ment Act of 2014 (128 Stat. 1369). 
(5) Louisiana Coastal Area–Barataria Basin Barrier, Lou-
isiana, as authorized by section 7002(5) of the Water Resources 
Reform and Development Act of 2014 (128 Stat. 1370). 
(6) West Shore Lake Pontchartrain, Louisiana, as author-
ized by section 1401(3) of the Water Resources Development 
Act of 2016 (130 Stat. 1712). 
(7) Southwest Coastal Louisiana, Louisiana, as authorized 
by section 1401(8) of the Water Resources Development Act 
of 2016 (130 Stat. 1715). 
(8) West Thompson Lake, Connecticut, as authorized by 
section 203 of the Flood Control Act of 1960 (74 Stat. 489). 
SEC. 1204. 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— 
Deadline. 
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132 STAT. 3806 
PUBLIC LAW 115–270—OCT. 23, 2018 
(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’’), including— 
(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, if any, of navigation 
benefits used in a benefit-cost calculation for a non-commer-
cial 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 regu-
latory changes to improve the benefit-cost analysis proce-
dures of the Secretary and the Director. 
SEC. 1205. HARBOR MAINTENANCE TRUST FUND REPORT. 
(a) DEADLINE.—Not later than 180 days after enactment of 
this Act, the Secretary shall submit reports under section 210(e)(3) 
of the Water Resources Development Act of 1986 (33 U.S.C. 
2238(e)(3)) and section 330 of the Water Resources Development 
Act of 1992 (26 U.S.C. 9505 note; Public Law 102–580) to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and to the Committee on Environment and Public 
Works of the Senate. 
(b) ADDITIONAL INFORMATION.—For each report described in 
subsection (a) that is submitted after the date of enactment of 
this Act, the Secretary shall include, on a project-by-project basis, 
additional information identifying— 
(1) the most recent fiscal year for which operations and 
maintenance activities have been carried out and the cost of 
those activities; and 
(2) the operations and maintenance activities that were 
performed through either a recommendation from Congress 
or unspecified funds made available for ongoing work. 
(c) AVAILABILITY.—The Secretary shall make publicly available 
all reports described in subsection (a) submitted before, on, or 
after the date of enactment of this Act. 
SEC. 1206. IDENTIFICATION OF NONPOWERED DAMS FOR HYDRO-
POWER DEVELOPMENT. 
(a) IN GENERAL.—Not later than 18 months after the date 
of enactment of this section, the Secretary shall develop a list 
of existing nonpowered dams owned and operated by the Corps 
of Engineers that have the greatest potential for hydropower 
development. 
(b) CONSIDERATIONS.—In developing the list under subsection 
(a), the Secretary may consider the following: 
(1) The compatibility of hydropower generation with 
existing purposes of the dam. 
(2) The proximity of the dam to existing transmission 
resources. 
(3) The existence of studies to characterize environmental, 
cultural, and historic resources relating to the dam. 
Deadline. 
Lists. 
Public 
information. 
Recommenda- 
tions. 
Review. 
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132 STAT. 3807 
PUBLIC LAW 115–270—OCT. 23, 2018 
(4) Whether hydropower is an authorized purpose of the 
dam. 
(c) AVAILABILITY.—The Secretary shall provide the list devel-
oped under subsection (a) to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate, and make 
such list available to the public. 
SEC. 1207. STUDY ON INNOVATIVE PORTS FOR OFFSHORE WIND 
DEVELOPMENT. 
(a) DEFINITION
OF INNOVATIVE PORT
FOR OFFSHORE WIND 
DEVELOPMENT.—In this section, the term ‘‘innovative port for off-
shore wind development’’ includes any federally authorized port 
or harbor that can accommodate (including through retrofitting)— 
(1) the upright assembly of the majority of an offshore 
wind facility, including the foundation, tower, turbine, blade, 
and electrical components; 
(2) an assembly area, ground-bearing pressure, and over-
head clearance for the assembly of offshore wind facility tur-
bines, which each have a capacity of up to 20 megawatts; 
(3) a heavy-lift quay and not less than 25 acres of port 
storage; 
(4) innovative offshore wind facility and vessel technologies 
that allow for the rapid installation of an offshore wind facility; 
and 
(5) any other innovative offshore wind facility technology, 
as determined by the Secretary. 
(b) STUDY AND REPORT.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall— 
(A) in consultation with the all appropriate Federal 
agencies, carry out a study of all federally authorized ports 
and harbors, including in the Mid-Atlantic, Gulf Coast, 
West Coast, Great Lakes, and New England regions of 
the United States, to identify— 
(i) not less than three suitable federally authorized 
ports and harbors in those regions that could become 
innovative ports for offshore wind development; 
(ii) barriers to the development of innovative ports 
for offshore wind development; 
(iii) the Federal and State actions, including 
dredging and construction of supporting infrastructure, 
needed to facilitate the development of the federally 
authorized ports and harbors identified under clause 
(i) to become innovative ports for offshore wind develop-
ment; and 
(iv) recommendations on any further research 
needed to improve federally authorized ports and har-
bors in the United States for offshore wind facility 
development and deployment; and 
(B) submit to Congress a report describing the results 
of the study under subparagraph (A). 
(2) CONSULTATION.—In carrying out the study under para-
graph (1), the Secretary shall consult with, at a minimum— 
(A) the Governor of each State in which a port or 
harbor was identified; 
(B) affected port authorities; 
Recommenda- 
tions. 
Consultation. 
Public 
information. 
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132 STAT. 3808 
PUBLIC LAW 115–270—OCT. 23, 2018 
(C) units of local government; and 
(D) relevant experts in engineering, environment, and 
industry considerations. 
SEC. 1208. INNOVATIVE MATERIALS AND ADVANCED TECHNOLOGIES 
REPORT. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary shall submit to Congress a report that— 
(1) describes activities conducted by the Corps of Engineers 
at centers of expertise, technology centers, technical centers, 
research and development centers, and similar facilities and 
organizations relating to the testing, research, development, 
identification, and recommended uses for innovative materials 
and advanced technologies, including construction management 
technologies, in water resources development projects; and 
(2) provides recommendations for types of water resources 
development projects in which innovative materials and 
advanced technologies should be used. 
SEC. 1209. 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 Representa-
tives a report based on the results of a study on the best options 
available to the Secretary to implement 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; 123 Stat. 2851). 
SEC. 1210. 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 (33 U.S.C. 603a); and 
(2) how the Secretary has evaluated potential work to 
be carried out under that section. 
SEC. 1211. CORPS FLOOD POLICY WITHIN URBAN AREAS. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary shall report to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate on— 
(1) flooding within urban floodplains; and 
(2) the Federal policy constraints on the ability of the 
Secretary to address urban flooding, including the regulations 
under part 238 of title 33, Code of Federal Regulations (as 
in effect on the date of enactment of this Act) (including the 
limitation under section 238.7(a)(1) of that title that allows 
the Secretary to provide assistance only where the flood dis-
charge of a stream or waterway within an urban area is greater 
than 800 cubic feet per second for the 10-percent flood). 
SEC. 1212. FEASIBILITY STUDIES FOR MITIGATION OF DAMAGE. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary shall submit to the Committee on Transportation 
Public 
information. 
Recommenda- 
tions. 
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132 STAT. 3809 
PUBLIC LAW 115–270—OCT. 23, 2018 
and Infrastructure of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate a report 
that identifies— 
(1) feasibility studies that are incomplete as of the date 
of enactment of this Act for a project for mitigation of damage 
to an area affected by weather or other events for which— 
(A) during the 8-year period ending on the date of 
enactment of this Act— 
(i) the Secretary provided emergency response 
under section 5 of the Act of August 18, 1941 (33 
U.S.C. 701n); or 
(ii) the area received assistance under the Robert 
T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5121 et seq.); and 
(B) there is significant risk for future similar events 
(as determined by the Secretary); and 
(2) for each feasibility study identified under paragraph 
(1), impediments to completing the study. 
SEC. 1213. APPLICATIONS OF MILITARY LEASING AUTHORITIES. 
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 authori-
ties, 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 so that the Assistant Secretary of the 
Army for Civil Works may implement the authorities. 
SEC. 1214. COMMUNITY ENGAGEMENT. 
(a) REPORT.—Not later than 2 years after the date of enactment 
of this section, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of the Senate 
a report on any potential disproportionate and adverse health or 
environmental effects of programs, policies, and activities of the 
Corps of Engineers related to water resources development projects 
on minority communities, low-income communities, rural commu-
nities, and Indian Tribes. 
(b) CONSULTATION.—In preparing the report under subsection 
(a), the Secretary shall provide public and private meetings with 
representatives of minority communities, low-income communities, 
rural communities, and Indian Tribes, as well as representatives 
of State and local governments, and shall ensure that sufficient 
meetings are held in different geographic regions of the United 
States to ensure that a diversity of views are obtained. 
(c) RECOMMENDATIONS.—The report submitted under subsection 
(a) shall include— 
(1) the identification of any disproportionate and adverse 
health or environmental effects to the communities and Tribes; 
and 
(2) any recommendations of the Secretary for addressing 
such effects, including recommended changes to the statutory 
or regulatory authorities of the Corps of Engineers, or changes 
to the policies or guidance of the Corps of Engineers. 
Deadline. 
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132 STAT. 3810 
PUBLIC LAW 115–270—OCT. 23, 2018 
SEC. 1215. TRANSPARENCY IN ADMINISTRATIVE EXPENSES. 
Section 1012(b)(1) of the Water Resources Reform and Develop-
ment Act of 2014 (33 U.S.C. 2315a(b)(1)) is amended by striking 
‘‘The Secretary’’ and inserting ‘‘Not later than 1 year after the 
date of enactment of the Water Resources Development Act of 
2018, the Secretary’’. 
SEC. 1216. ASSESSMENT OF HARBORS AND INLAND HARBORS. 
Section 210(e) of the Water Resources Development Act of 
1986 (33 U.S.C. 2238) is amended— 
(1) in paragraph (1), by striking ‘‘shall assess the’’ and 
inserting ‘‘shall assess, and issue a report to Congress on, 
the’’; and 
(2) in paragraph (2), by adding at the end the following: 
‘‘(C) OPPORTUNITIES FOR BENEFICIAL USE OF DREDGED 
MATERIALS.—In carrying out paragraph (1), the Secretary 
shall identify potential opportunities for the beneficial use 
of dredged materials obtained from harbors and inland 
harbors referred to in subsection (a)(2), including projects 
eligible under section 1122 of the Water Resources Develop-
ment Act of 2016 (130 Stat. 1645; 33 U.S.C. 2326 note).’’. 
SEC. 1217. MAINTENANCE OF HIGH-RISK FLOOD CONTROL PROJECTS. 
(a) ASSESSMENT.—With respect to each project classified as 
class III under the Dam Safety Action Classification of the Corps 
of Engineers for which the Secretary has assumed responsibility 
for maintenance as of the date of enactment of this Act, the Sec-
retary shall assess— 
(1) the anticipated effects of the Secretary continuing to 
be responsible for the maintenance of the project during the 
period that ends 15 years after the date of enactment of this 
Act, including the benefits to the State and local community; 
and 
(2) the anticipated effects of the Secretary not continuing 
to be responsible for the maintenance of the project during 
such 15-year period, including the costs to the State and local 
community. 
(b) REPORT.—Not later than 90 days after completion of the 
assessment under subsection (a), the Secretary shall submit to 
the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Environment and Public 
Works of the Senate a report summarizing the results of the assess-
ment. 
SEC. 1218. NORTH ATLANTIC DIVISION REPORT ON HURRICANE BAR-
RIERS AND HARBORS OF REFUGE. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary, in consultation with State and local experts 
in the North Atlantic Division of the Corps of Engineers, shall 
submit to Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and 
Public Works of the Senate a report on the durability and resiliency 
of existing hurricane barriers and harbors of refuge in the North 
Atlantic Division, giving particular consideration as to how such 
barriers and harbors will survive and fully serve their planned 
levels of protection under current, near, and longer term future 
predicted sea levels, storm surges, and storm strengths. 
Consultation. 
Time periods. 
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132 STAT. 3811 
PUBLIC LAW 115–270—OCT. 23, 2018 
SEC. 1219. GREAT LAKES COASTAL RESILIENCY STUDY. 
(a) IN GENERAL.—The Secretary shall carry out a comprehen-
sive assessment of the water resources needs of the Great Lakes 
System under section 729 of the Water Resources Development 
Act of 1986 (33 U.S.C. 2267a). 
(b) COOPERATION.—In carrying out the assessment pursuant 
to subsection (a), the Secretary shall cooperate with stakeholders 
and coordinate with all ongoing programs and projects of the Great 
Lakes Restoration Initiative under section 118(c)(7) of the Federal 
Water Pollution Control Act (33 U.S.C. 1268). 
(c) DEFINITIONS.—The term ‘‘Great Lakes System’’ has the 
meaning given such term in section 118(a) of the Federal Water 
Pollution Control Act (33 U.S.C. 1268(a)). 
SEC. 1220. MCMICKEN DAM, ARIZONA, AND MUDDY RIVER, MASSACHU-
SETTS. 
(a) REPORT.—The Secretary shall submit a report to the Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment on Public Works 
of the Senate on the status of— 
(1) the project at McMicken Dam, Arizona, authorized by 
section 304 of the Act of August 7, 1953 (67 Stat. 450); and 
(2) the project for flood damage reduction and environ-
mental restoration, Muddy River, Brookline and Boston, 
Massachusetts, authorized by section 522 of the Water 
Resources Development Act of 2000 (114 Stat. 2656). 
(b) REQUIREMENTS.—The report under subsection (a) shall 
include a description of the reasons of the Secretary for 
deauthorizing the projects described in subsection (a). 
SEC. 1221. TABLE ROCK LAKE, ARKANSAS AND MISSOURI. 
Not later than 120 days after the date of enactment of this 
Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate a report 
on the implementation of section 1185(c) of the Water Resources 
Development Act of 2016 (130 Stat. 1680). 
SEC. 1222. FORECAST-INFORMED RESERVOIR OPERATIONS. 
(a) REPORT ON FORECAST-INFORMED RESERVOIR OPERATIONS.— 
Not later than 1 year after the date of completion of the forecast- 
informed reservoir operations research study pilot program at 
Coyote Valley Dam, Russian River Basin, California (authorized 
by the River and Harbor Act of 1950 (64 Stat. 177)), the Secretary 
shall issue a report to the Committee on Transportation and Infra-
structure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate on the results of 
the study pilot program. 
(b) CONTENTS OF REPORT.—The Secretary shall include in the 
report issued under subsection (a)— 
(1) an analysis of the use of forecast-informed reservoir 
operations at Coyote Valley Dam, California; 
(2) an assessment of the viability of using forecast-informed 
reservoir operations at other dams owned or operated by the 
Secretary; 
(3) an identification of other dams owned or operated by 
the Secretary where forecast-informed reservoir operations may 
Assessment. 
Analysis. 
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132 STAT. 3812 
PUBLIC LAW 115–270—OCT. 23, 2018 
assist the Secretary in the optimization of future reservoir 
operations; and 
(4) any additional areas for future study of forecast- 
informed reservoir operations. 
SEC. 1223. CEDAR RIVER, IOWA. 
Not later than 90 days 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 Representa-
tives a report summarizing the path forward and timeline to imple-
ment 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). 
SEC. 1224. OLD RIVER CONTROL STRUCTURE, LOUISIANA. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the Secretary shall submit to the Committee 
on Transportation and Infrastructure of the House of Representa-
tives and the Committee on Environment and Public Works of 
the Senate a report on the structure and operations plan for the 
Old River control structure authorized by the Flood Control Act 
of 1954 (68 Stat. 1258), based on the best available science, 
improved monitoring capabilities, and other factors as determined 
by the Secretary, including consideration of— 
(1) flood control; 
(2) navigational conditions; 
(3) water supply; 
(4) ecosystem restoration and ecological productivity; and 
(5) hydroelectric production. 
(b) PUBLIC PARTICIPATION.—In developing the report required 
by subsection (a), the Secretary shall provide opportunity for public 
input and stakeholder engagement, including public meetings. 
SEC. 1225. UPPER MISSISSIPPI RIVER PROTECTION. 
Section 2010 of the Water Resources Reform and Development 
Act of 2014 (128 Stat. 1270) is amended by adding at the end 
the following: 
‘‘(d) CONSIDERATIONS.—In carrying out a disposition study with 
respect to the Upper St. Anthony Falls Lock and Dam, including 
a disposition study under section 216 of the Flood Control Act 
of 1970 (33 U.S.C. 549a), the Secretary shall expedite completion 
of such study and shall produce a report on the Upper St. Anthony 
Falls Lock and Dam that is separate from any report on any 
other lock or dam included in such study that includes plans for— 
‘‘(1) carrying out modifications to the Upper St. Anthony 
Falls Lock and Dam to— 
‘‘(A) preserve and enhance recreational opportunities 
and the health of the ecosystem; and 
‘‘(B) maintain the benefits to the natural ecosystem 
and human environment; 
‘‘(2) a partial disposition of the Upper St. Anthony Falls 
Lock and Dam facility and surrounding real property that 
preserves any portion of the Upper St. Anthony Falls Lock 
and Dam necessary to maintain flood control; and 
‘‘(3) expediting the disposition described in this subsection. 
‘‘(e) CONTRIBUTED FUNDS.—The Secretary shall accept and 
expend funds to carry out the study described in subsection (d) 
Plans. 
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132 STAT. 3813 
PUBLIC LAW 115–270—OCT. 23, 2018 
that are contributed by a State or a political subdivision of a 
State under the Act of October 15, 1940 (33 U.S.C. 701h–1).’’. 
SEC. 1226. MISSOURI RIVER. 
(a) IRC REPORT.—Not later than 18 months after the date 
of enactment of this Act, the Secretary shall submit to the Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment and Public Works 
of the Senate a report regarding the impacts of interception-rearing 
complex construction on the navigation, flood control, and other 
authorized purposes set forth in the Missouri River Master Manual, 
and on the population recovery of the pallid sturgeon. 
(b) NO ADDITIONAL IRC CONSTRUCTION.—Until the report under 
subsection (a) is submitted, no additional interception-rearing com-
plex construction is authorized. 
SEC. 1227. LOWER MISSOURI RIVER BANK STABILIZATION AND 
NAVIGATION. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the Secretary shall submit to the Committee 
on Transportation and Infrastructure of the House of Representa-
tives and the Committee on Environment and Public Works of 
the Senate a report 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) CONSIDERATIONS
AND COORDINATION.—In developing the 
report required under subsection (a), the Secretary shall— 
(1) consider recommended improvements to the project 
described in such subsection and current and future flood risks; 
and 
(2) coordinate with State and local governments and 
affected stakeholders. 
SEC. 1228. COASTAL TEXAS STUDY. 
The Secretary shall expedite the completion of studies for flood 
damage reduction, hurricane and storm damage reduction, and 
ecosystem restoration in the coastal areas of Texas that are identi-
fied 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). 
SEC. 1229. REPORT ON WATER SUPPLY CONTRACT, WRIGHT PATMAN 
LAKE, TEXAS. 
Not later than June 30, 2019, the Secretary shall submit to 
the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Environment and Public 
Works of the Senate a report 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 implementation of that contract at Wright 
Patman Lake; and 
(2) identifies— 
(A) the activities that the Secretary expects to be nec-
essary to complete the execution of the contract; 
(B) the expected completion date for each activity 
identified under subparagraph (A); and 
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132 STAT. 3814 
PUBLIC LAW 115–270—OCT. 23, 2018 
(C) the expected date of completion of the execution 
of the contract. 
Subtitle C—Deauthorizations, 
Modifications, and Related Provisions 
SEC. 1301. DEAUTHORIZATION OF INACTIVE PROJECTS. 
(a) PURPOSES.—The purposes of this section are— 
(1) to identify $4,000,000,000 in water resources develop-
ment projects authorized by Congress that are no longer viable 
for construction 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 
or feasible; 
(2) to create an expedited and definitive process for Con-
gress to deauthorize water resources development projects that 
are no longer viable for construction; and 
(3) to allow the continued authorization of water resources 
development projects that are viable for construction. 
(b) INTERIM DEAUTHORIZATION LIST.— 
(1) IN GENERAL.—The Secretary shall develop an interim 
deauthorization list that identifies— 
(A) each water resources development project, or sepa-
rable element of a project, authorized for construction 
before November 8, 2007, for which— 
(i) planning, design, or construction was not initi-
ated before the date of enactment of this Act; or 
(ii) planning, design, or construction was initiated 
before the date of enactment of this Act, but for which 
no funds, Federal or non-Federal, were obligated for 
planning, design, or construction of the project or sepa-
rable element of the project during the current fiscal 
year or any of the 6 preceding fiscal years; 
(B) each project or separable element of a project identi-
fied and included on a list to Congress for deauthorization 
pursuant to section 1001(b)(2) of the Water Resources 
Development Act of 1986 (33 U.S.C. 579a(b)(2)); and 
(C) any project or separable element of a project for 
which the non-Federal sponsor of such project or separable 
element submits a request for inclusion on the list. 
(2) PUBLIC COMMENT AND CONSULTATION.— 
(A) IN GENERAL.—The Secretary shall solicit comments 
from the public and the Governors of each applicable State 
on the interim deauthorization list developed under para-
graph (1). 
(B) COMMENT
PERIOD.—The public 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 Infra-
structure of the House of Representatives; and 
Deadline. 
33 USC 579d–1. 
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132 STAT. 3815 
PUBLIC LAW 115–270—OCT. 23, 2018 
(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 water resources development projects, 
or separable elements of projects, 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 projects and sepa-
rable elements of projects that have, in the aggregate, 
an estimated Federal cost to complete that is at least 
$4,000,000,000. 
(B) DETERMINATION OF FEDERAL COST TO COMPLETE.— 
For purposes of subparagraph (A), the Federal cost to com-
plete shall take into account any allowances authorized 
by section 902 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2280), as applied to the most recent 
project schedule and cost estimate. 
(3) IDENTIFICATION OF PROJECTS.— 
(A) SEQUENCING OF PROJECTS.— 
(i) IN
GENERAL.—The Secretary shall identify 
projects and separable elements of projects for inclusion 
on the proposed final deauthorization list according 
to the order in which the projects and separable ele-
ments of the projects were authorized, beginning with 
the earliest authorized projects and separable elements 
of projects and ending with the latest project or sepa-
rable element of a project necessary to meet the aggre-
gate amount under paragraph (2)(A). 
(ii) FACTORS
TO
CONSIDER.—The Secretary may 
identify projects and separable elements of projects 
in an order other than that established by clause (i) 
if the Secretary determines, on a case-by-case basis, 
that a project or separable element of a project is 
critical for interests of the United States, based on 
the possible impact of the project or separable element 
of the project 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 project or separable element of 
a project on the interim deauthorization list developed 
under subsection (b) that is not included on the pro-
posed final deauthorization list; and 
(ii) describes the reasons why the project or sepa-
rable element 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 
Determination. 
Federal Register, 
publication. 
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132 STAT. 3816 
PUBLIC LAW 115–270—OCT. 23, 2018 
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 Com-
mittee 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 project or separable 
element of a project identified in the final deauthorization 
list is hereby deauthorized, unless Congress passes a joint 
resolution disapproving the final deauthorization list prior to 
the end of such period. 
(2) NON-FEDERAL CONTRIBUTIONS.— 
(A) IN GENERAL.—A project or separable element of 
a project identified in the final deauthorization list under 
subsection (c) shall not be deauthorized under this sub-
section if, before the expiration of the 180-day period 
referred to in paragraph (1), the non-Federal interest for 
the project or separable element of the project provides 
sufficient funds to complete the project or separable ele-
ment of the project. 
(B) 
TREATMENT
OF
PROJECTS.—Notwithstanding 
subparagraph (A), each project and separable element of 
a project identified in the final deauthorization list shall 
be treated as deauthorized for purposes of the aggregate 
deauthorization amount specified in subsection (c)(2)(A). 
(3) PROJECTS IDENTIFIED IN APPENDIX.—A project or sepa-
rable element of a project identified in the appendix to the 
final deauthorization list shall remain subject to future 
deauthorization by Congress. 
(e) SPECIAL RULE FOR PROJECTS RECEIVING FUNDS FOR POST- 
AUTHORIZATION STUDY.—A project or separable element of a project 
may not be identified on the interim deauthorization list developed 
under subsection (b), or the final deauthorization list developed 
under subsection (c), if the project or separable element received 
funding for a post-authorization study during the current fiscal 
year or any of the 6 preceding fiscal years. 
(f) GENERAL PROVISIONS.— 
(1) DEFINITIONS.—In this section, the following definitions 
apply: 
(A) POST-AUTHORIZATION
STUDY.—The term ‘‘post- 
authorization study’’ means— 
(i) a feasibility report developed under section 905 
of the Water Resources Development Act of 1986 (33 
U.S.C. 2282); 
Time period. 
Time period. 
Federal Register, 
publication. 
Deadline. 
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132 STAT. 3817 
PUBLIC LAW 115–270—OCT. 23, 2018 
(ii) a feasibility study, as defined in section 105(d) 
of the Water Resources Development Act of 1986 (33 
U.S.C. 2215(d)); or 
(iii) a review conducted under section 216 of the 
Flood Control Act of 1970 (33 U.S.C. 549a), including 
an initial appraisal that— 
(I) demonstrates a Federal interest; and 
(II) requires additional analysis for the project 
or separable element. 
(B) WATER
RESOURCES
DEVELOPMENT
PROJECT.—The 
term ‘‘water resources development project’’ includes an 
environmental infrastructure assistance project or program 
of the Corps of Engineers. 
(2) TREATMENT OF PROJECT MODIFICATIONS.—For purposes 
of this section, if an authorized water resources development 
project or separable element of the project has been modified 
by an Act of Congress, the date of the authorization of the 
project or separable element shall be deemed to be the date 
of the most recent modification. 
SEC. 1302. BACKLOG PREVENTION. 
(a) PROJECT DEAUTHORIZATION.— 
(1) IN GENERAL.—A water resources development project 
authorized for construction by this Act shall not be authorized 
after the last day of the 10-year period beginning on the date 
of enactment of this Act unless— 
(A) funds have been obligated for construction of, or 
a post-authorization study for, such project or such sepa-
rable element during such period; or 
(B) a subsequent Act of Congress modifies the 
authorization contained in this Act. 
(2) IDENTIFICATION OF PROJECTS.—Not later than 60 days 
after the expiration of the 10-year period described in paragraph 
(1), the Secretary shall submit to the Committee on Environ-
ment and Public Works of the Senate and the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives a report that identifies the projects deauthorized 
under paragraph (1). 
(b) REPORT TO CONGRESS.—Not later than 60 days after the 
expiration of the 12-year period beginning on the date of enactment 
of this Act, the Secretary shall submit to the Committee on Environ-
ment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives, 
and make available to the public, a report that contains— 
(1) a list of any water resources development projects 
authorized by this Act for which construction has not been 
completed; 
(2) a description of the reasons each project was not com-
pleted; 
(3) a schedule for the completion of the projects based 
on expected levels of appropriations; 
(4) a 5-year and 10-year projection of construction backlog; 
and 
(5) any recommendations to Congress regarding how to 
mitigate the backlog. 
Recommenda- 
tions. 
Projections. 
Schedule. 
Lists. 
Public 
information. 
Reports. 
Time period. 
33 USC 579c–2. 
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132 STAT. 3818 
PUBLIC LAW 115–270—OCT. 23, 2018 
SEC. 1303. PROJECT MODIFICATIONS. 
(a) CONSISTENCY WITH REPORTS.—Congress finds that the 
project modifications described in this section are in accordance 
with the reports submitted to Congress by the Secretary under 
section 7001 of the Water Resources Reform and Development Act 
of 2014 (33 U.S.C. 2282d), titled ‘‘Report to Congress on Future 
Water Resources Development’’, or have otherwise been reviewed 
by Congress. 
(b) MODIFICATIONS.— 
(1) HARBOR/SOUTH BAY, CALIFORNIA.—Section 219(f)(43) of 
the Water Resources Development Act of 1992 (113 Stat. 337; 
114 Stat. 2763A–220) is amended by striking ‘‘$35,000,000’’ 
and inserting ‘‘$70,000,000’’. 
(2) LAKES MARION AND MOULTRIE, SOUTH CAROLINA.—Sec-
tion 219(f)(25) of the Water Resources Development Act of 
1992 (113 Stat. 336; 114 Stat. 2763A–220; 117 Stat. 1838; 
130 Stat. 1677) is amended by striking ‘‘$60,000,000’’ and 
inserting ‘‘$89,550,000’’. 
SEC. 1304. LYTLE AND CAJON CREEKS, CALIFORNIA. 
That portion of the channel improvement project, Lytle and 
Cajon Creeks, California, authorized to be carried out as a part 
of the project for the Santa Ana River Basin, California, by the 
Act of December 22, 1944 (Chapter 665; 58 Stat. 900) that consists 
of five earth-filled groins commonly referred to as ‘‘the Riverside 
Avenue groins’’ is no longer authorized as a Federal project begin-
ning on the date of enactment of this Act. 
SEC. 1305. YUBA RIVER BASIN, CALIFORNIA. 
(a) IN GENERAL.—The project for flood damage reduction, Yuba 
River Basin, California, authorized by section 101(a)(10) of the 
Water Resources Development Act of 1999 (113 Stat. 275) is modi-
fied to allow a non-Federal interest to construct a new levee to 
connect the existing levee with high ground. 
(b) PROJECT DESCRIPTION.—The levee to be constructed shall 
tie into the existing levee at a point N2186189.2438, E6703908.8657, 
thence running east and south along a path to be determined 
to a point N2187849.4328, E6719262.0164. 
(c) COOPERATION AGREEMENT.—The Secretary shall execute a 
conforming amendment to the Memorandum of Understanding 
Respecting the Sacramento River Flood Control Project with the 
State of California dated November 30, 1953, that is limited to 
changing the description of the project to reflect the modification. 
(d) NO FEDERAL COST.— 
(1) REVIEW
COSTS.—Before construction of the levee 
described in subsection (b), the Secretary may accept and 
expend funds received from a non-Federal interest to review 
the planning, engineering, and design of the levee described 
in subsection (b) to ensure that such planning, engineering, 
and design complies with Federal standards. 
(2) NON-FEDERAL SHARE.—The non-Federal share of the 
cost of constructing the levee shall be 100 percent. 
SEC. 1306. BRIDGEPORT HARBOR, CONNECTICUT. 
That portion of the project for navigation, Bridgeport Harbor, 
Connecticut, authorized by the Act of June 18, 1878 (20 Stat. 
158), and modified by the Act of August 11, 1888 (25 Stat. 401), 
the Act of March 3, 1899 (30 Stat. 1122), the Act of June 25, 
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132 STAT. 3819 
PUBLIC LAW 115–270—OCT. 23, 2018 
1910 (36 Stat. 633), and the Act of July 3, 1930 (46 Stat. 919), 
and lying upstream of a line commencing at point N627942.09, 
E879709.18 thence running southwesterly about 125 feet to a point 
N627832.03, E879649.91 is no longer authorized beginning on the 
date of enactment of this Act. 
SEC. 1307. DELAWARE RIVER NAVIGATION PROJECT. 
Section 1131(3) of the Water Resources Development Act of 
1986 (100 Stat. 4246) is amended by striking ‘‘ten feet’’ and inserting 
‘‘35 feet’’. 
SEC. 1308. COMPREHENSIVE EVERGLADES RESTORATION PLAN, CEN-
TRAL AND SOUTHERN FLORIDA, EVERGLADES AGRICUL-
TURAL AREA, FLORIDA. 
(a) AUTHORIZATION.—Subject to subsection (b), the Secretary 
is authorized to carry out the project for ecosystem restoration, 
Central and Southern Florida, Everglades Agricultural Area, 
Florida, in accordance with section 601 of the Water Resources 
Development Act of 2000 (114 Stat. 2680), as recommended in 
the addendum to the Central Everglades Planning Project Post 
Authorization Change Report, Feasibility Study and Draft Environ-
mental Impact Statement prepared by the South Florida Water 
Management District and dated May 2018, with such modifications 
as the Secretary considers appropriate. 
(b) REQUIREMENT.— 
(1) IN GENERAL.—The project authorized by subsection (a) 
may be constructed only after the Secretary prepares a report 
that addresses the concerns, recommendations, and conditions 
identified by the Secretary in the review assessment titled 
‘‘Review Assessment of South Florida Water Management Dis-
trict’s Central Everglades Planning Project, Section 203 Post 
Authorization Change Report, Integrated Feasibility Study and 
DRAFT Environmental Impact Statement (March 2018, 
Amended May 2018)’’ and dated May 2018. 
(2) EXPEDITED COMPLETION.—The Secretary shall expedite 
the completion of the report under paragraph (1) and shall 
complete such report not later than 90 days after the date 
of enactment of this section. 
(c) CONSULTATION.—In reviewing the report identified in sub-
section (a), and completing the report identified in subsection (b), 
the Secretary shall consult with the South Florida Water Manage-
ment District on any project modifications. 
(d) CONSIDERATION.—Nothing in this section shall be construed 
to delay the design, construction, and implementation of components 
and features of the project for ecosystem restoration, Central Ever-
glades, authorized by section 1401(4) of the Water Resources 
Development Act of 2016 (130 Stat. 1713), that are not directly 
affected by the project authorized by subsection (a). 
SEC. 1309. KISSIMMEE RIVER RESTORATION, FLORIDA. 
The Secretary may credit work performed or to be performed 
by the non-Federal sponsor of the project for ecosystem restoration, 
Kissimmee River, Florida, authorized by section 101(8) of the Water 
Resources Development Act of 1992 (106 Stat. 4802), as an in- 
kind contribution under section 221(a)(4) of the Flood Control Act 
of 1970 (42 U.S.C. 1962d–5b(a)(4)), in accordance with the report 
of the Director of Civil Works relating to the Central and Southern 
Florida Project, Kissimmee River Restoration Project, dated April 
Reports. 
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132 STAT. 3820 
PUBLIC LAW 115–270—OCT. 23, 2018 
27, 2018, subject to the availability of appropriations for any pay-
ments due, if the Secretary determines that the work was carried 
out in accordance with the requirements of subchapter 4 of chapter 
31, and chapter 37, of title 40, United States Code. 
SEC. 1310. LEVEE L–212, 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 levee L–212 
along the Ocklawaha River, Florida, are no longer authorized begin-
ning on the date of enactment of this Act. 
SEC. 1311. GREEN RIVER AND BARREN RIVER LOCKS AND DAMS, KEN-
TUCKY. 
Section 1315 of the Water Resources Development Act of 2016 
(130 Stat. 1698) is amended— 
(1) in subsection (b)— 
(A) in paragraph (3)— 
(i) by redesignating subparagraphs (A) and (B) 
as clauses (i) and (ii), respectively, and adjusting the 
margins accordingly; 
(ii) in the matter preceding clause (i) (as so redesig-
nated), by striking ‘‘The Secretary’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—The Secretary’’; and 
(iii) by adding at the end the following: 
‘‘(B) USE OF FUNDS.—If the Secretary determines that 
removal of Lock and Dam 5 or a portion of Lock and 
Dam 5 is necessary before the conveyance under subpara-
graph (A), the Secretary— 
‘‘(i) shall proceed with that removal; and 
‘‘(ii) to carry out that removal— 
‘‘(I) may use appropriated funds or accept and 
use funds contributed by entities described in that 
subparagraph; and 
‘‘(II) may work with entities described in that 
subparagraph.’’; and 
(B) in paragraph (5)— 
(i) by redesignating subparagraphs (A) and (B) 
as clauses (i) and (ii), respectively, and adjusting the 
margins accordingly; 
(ii) in the matter preceding clause (i) (as so redesig-
nated), by striking ‘‘The Secretary’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—The Secretary’’; and 
(iii) by adding at the end the following: 
‘‘(B) USE OF FUNDS.—If the Secretary determines that 
removal of Lock and Dam 1 or a portion of Lock and 
Dam 1 is necessary before the conveyance under subpara-
graph (A), the Secretary— 
‘‘(i) shall proceed with that removal; and 
‘‘(ii) to carry out that removal— 
‘‘(I) may use appropriated funds or accept and 
use funds contributed by entities described in that 
subparagraph; and 
‘‘(II) may work with entities described in that 
subparagraph.’’; and 
Determination. 
Determination. 
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132 STAT. 3821 
PUBLIC LAW 115–270—OCT. 23, 2018 
(2) in subsection (c), by adding at the end the following: 
‘‘(5) REMOVAL COSTS.—In carrying out this section, if the 
Secretary determines that removal of a Lock and Dam (or 
a portion of a Lock and Dam) described in this section is 
necessary, any Federal costs of that removal shall be subject 
to the availability of appropriations.’’. 
SEC. 1312. CAPE ARUNDEL DISPOSAL SITE, MAINE. 
The Cape Arundel Disposal Site selected by the Department 
of the Army as an alternative dredged material disposal site under 
section 103(b) of the Marine Protection, Research, and Sanctuaries 
Act of 1972 (33 U.S.C. 1413(b)) shall remain available for use 
until December 31, 2021. 
SEC. 1313. PENOBSCOT RIVER, MAINE. 
Beginning on the date of enactment of this Act, the project 
for navigation, Penobscot River, Maine, authorized by the River 
and Harbor Appropriations Acts of July 5, 1884 (23 Stat. 133), 
August 11, 1888 (25 Stat. 408), July 31, 1892 (27 Stat. 96), and 
March 2, 1907 (Public Law 59–168; 34 Stat. 1074), is modified 
as follows: 
(1) The portion of the 14-foot deep channel located between 
Bangor and Brewer, Maine, approximately 135,784 square feet 
in area, starting at a point with coordinates N410451.89, 
E913370.08, thence running N34°05’52.6’’E about 815.4 feet 
to a point with coordinates N411127.11, E913827.20, thence 
running N52°41’55.33’’E about 143.06 feet to a point with 
coordinates 
N411213.81, 
E913941.00, 
thence 
running 
N27°04’01’’E about 1068.73 feet to a point with coordinates 
N412165.48, E914427.30, thence running S62°55’59.79’’E about 
450 feet to a point with coordinates N411960.72, E914828.01, 
thence running S27°04’01’’W about 246.99 feet to a point with 
coordinates 
N411740.78, 
E914715.62, 
thence 
running 
N43°45’41.8’’W about 444.66 feet to a point with coordinates 
N412061.92, E914408.07, thence running S27°04’01’’W about 
946.62 feet to a point with coordinates N411218.97, E913977.33, 
thence running S38°21’58.9’’W about 978.35 feet to the point 
of origin, is no longer authorized. 
(2) The portion of the 14-foot deep channel, approximately 
121,875 square feet in area, starting at a point with coordinates 
N410670.99, E914168.96, thence running N62°55’59’’W about 
100 feet to a point with coordinates N410716.49, E914079.92, 
thence running N27°04’01’’E about 1236.13 feet to a point with 
coordinates 
N411817.24, 
E914642.40, 
thence 
running 
S43°45’41.8’’E about 105.87 feet to a point with coordinates 
N411740.78, E914715.62, thence running S27°04’01’’W about 
1201.37 feet to the point of origin, is redesignated as a 100- 
foot wide and 14-foot deep anchorage area. 
(3) The portion of the 14-foot deep channel, approximately 
304,058 square feet in area, starting at a point with coordinates 
N410761.99. E913990.87, thence running N62°55’59’’W about 
300.08 feet to a point with coordinates N410898.54, E913723.66, 
thence running N38°21’58.9’’E about 408.69 feet to a point 
with coordinates N411218.97, E913977.33, thence running 
N27°04’01’’E about 946.62 feet to a point with coordinates 
N412061.92, E914408.07, thence running S43°45’41.8’’E about 
232.92 feet to a point with coordinates N411893.70, E914569.17, 
thence running S27°04’01’’W about 1270.9 feet to the point 
Determination. 
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132 STAT. 3822 
PUBLIC LAW 115–270—OCT. 23, 2018 
of origin, is redesignated as a 14-foot deep anchorage area 
of a width varying from 220 to 300.08 feet. 
SEC. 
1314. 
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 para-
graph are— 
(i) beginning at a point N2950154.45, E785995.64; 
(ii) running southwesterly about 1451.63 feet to 
a point N2950113.83, E784544.58; 
(iii) running southeasterly about 54.00 feet to a 
point N2950059.85, E784546.09; 
(iv) running southwesterly about 1335.82 feet to 
a point N2950022.48, E783210.79; 
(v) running northwesterly about 83.00 feet to a 
point N2950105.44, E783208.47; 
(vi) running northeasterly about 2787.45 feet to 
a point N2950183.44, E785994.83; 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 N2950502.86, E785540.84; 
(ii) running northeasterly about 46.11 feet to a 
point N2950504.16, E785586.94; 
(iii) running southwesterly about 25.67 feet to a 
point N2950480.84, E785576.18; 
(iv) running southwesterly to a point N2950414.32, 
E783199.83; 
(v) running northwesterly about 8.00 feet to a point 
N2950422.32, E783199.60; 
(vi) running northeasterly about 2342.58 feet to 
a point N2950487.87, E785541.26; 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 para-
graph are— 
(i) beginning at a point N2950143.44, E787532.14; 
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132 STAT. 3823 
PUBLIC LAW 115–270—OCT. 23, 2018 
(ii) running southeasterly about 22.21 feet to a 
point N2950128.91, E787548.93; 
(iii) running southwesterly about 4,339.42 feet to 
a point N2950007.48, E783211.21; 
(iv) running northwesterly about 15.00 feet to a 
point N2950022.48, E783210.79; 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 N2950502.86, E785540.84; 
(ii) running southeasterly about 15.00 feet to a 
point N2950487.87, E785541.26; 
(iii) running southwesterly about 2342.58 feet to 
a point N2950422.32, E783199.60; 
(iv) running southeasterly about 8.00 feet to a 
point N2950414.32, E783199.83; 
(v) running southwesterly about 1339.12 feet to 
a point N2950376.85, E781861.23; 
(vi) running northwesterly about 23.00 feet to a 
point N2950399.84, E781860.59; and 
(vii) running northeasterly about 3681.70 feet to 
the point described in clause (i). 
SEC. 1315. CORPS OF ENGINEERS BRIDGE REPAIR PROGRAM FOR NEW 
ENGLAND EVACUATION ROUTES. 
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, or Vermont; 
and 
(2) necessary for evacuation during an extreme weather 
event, as determined by the Secretary. 
SEC. 1316. 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). 
SEC. 1317. PORTSMOUTH HARBOR AND PISCATAQUA RIVER. 
The Secretary shall expedite the project for navigation for Ports-
mouth Harbor and the Piscataqua River authorized by section 101 
of the River and Harbor Act of 1962 (76 Stat. 1173). 
SEC. 1318. MISSOURI RIVER AND TRIBUTARIES AT KANSAS CITIES, 
MISSOURI AND KANSAS. 
The Secretary shall align the schedules of, and maximize com-
plimentary efforts, minimize duplicative practices, and ensure 
coordination and information sharing with respect to— 
(1) 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); and 
(2) the project for flood risk management, Armourdale and 
Central Industrial District Levee Units, Missouri River and 
State listing. 
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132 STAT. 3824 
PUBLIC LAW 115–270—OCT. 23, 2018 
Tributaries at Kansas Citys, Missouri and Kansas, authorized 
by section 1401(2) of the Water Resources Development Act 
of 2016 (130 Stat. 1710). 
SEC. 
1319. 
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), the Secretary shall use all existing authori-
ties of the Secretary to mitigate severe shoaling. 
SEC. 1320. PASSAIC RIVER FEDERAL NAVIGATION CHANNEL, NEW 
JERSEY. 
(a) DEFINITION OF PASSAIC RIVER NAVIGATION PROJECT.—In 
this section, the term ‘‘Passaic River navigation project’’ means 
the project for the Passaic River Federal navigation channel, New 
Jersey, described in the document of the New York District of 
the Corps of Engineers numbered 207075, entitled ‘‘Lower Passaic 
River Commercial Navigation Analysis’’, and dated March 2007, 
as revised in December 2008 and July 2010. 
(b) DEAUTHORIZATION.— 
(1) IN GENERAL.—The portion of the Passaic River naviga-
tion project described in paragraph (2) is deauthorized. 
(2) DESCRIPTION OF PORTION.—The portion of the Passaic 
River navigation project referred to in paragraph (1) is the 
portion from river mile 1.7 to river mile 15.4, as bounded 
by— 
(A) the coordinates of— 
(i) West Longitude 074 10.33047″ W; 
(ii) North Latitude 40 51.99988″ N; 
(iii) East Longitude 074 06.05923″ W; and 
(iv) South Latitude 40 43.2217″ N; and 
(B) the New Jersey State Plane (US Survey Feet, NAD– 
83), as follows: Upper Left x731 592941.27 y731 739665.34; 
Upper Right x731 602477.94 y731 740791.62; Lower Left 
x731 582974.17 y731 692561.62; Lower Right x731 
598345.10 y731 691219.09. 
(c) MODIFICATION.— 
(1) IN GENERAL.—The depth of the portion of the Passaic 
River navigation project described in paragraph (2) is modified 
from 30 feet to 20 feet (using the Mean Lower Low Water 
datum). 
(2) DESCRIPTION OF PORTION.—The portion of the Passaic 
River navigation project referred to in paragraph (1) is the 
portion from river mile 0.6 to river mile 1.7, as bounded by— 
(A) the coordinates of— 
(i) West Longitude 074 07.43471″ W; 
(ii) North Latitude 40 44.32682″ N; 
(iii) East Longitude 074 06.61586″ W; and 
(iv) South Latitude 40 42.39342″ N; and 
(B) the New Jersey State Plane (US Survey Feet, NAD– 
83), as follows: Upper Left x731 597440.36 y731 691333.92; 
Upper Right x731 598345.10 y731 691219.09; Lower Left 
x731 596416.01 y731 685597.99; Lower Right x731 
597351.18 y731 685596.08. 
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132 STAT. 3825 
PUBLIC LAW 115–270—OCT. 23, 2018 
SEC. 1321. FARGO-MOORHEAD METROPOLITAN AREA DIVERSION 
PROJECT, NORTH DAKOTA. 
(a) EXEMPTION.—Subject to subsections (b) and (c), notwith-
standing section 404(b)(2)(B)(ii) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170c(b)(2)(B)(ii)), 
and any regulations promulgated to carry out that section, begin-
ning on the date of enactment of this Act, any property in the 
State of North Dakota that was acquired through hazard mitigation 
assistance provided under section 203 of that Act (42 U.S.C. 5133), 
section 404 of that Act (42 U.S.C. 5170c), or section 1366 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4104c), that was 
subject to any open space deed restriction is exempt from those 
restrictions to the extent necessary to complete the Fargo-Moorhead 
Metropolitan Area Diversion Project authorized by section 7002(2) 
of the Water Resources Reform and Development Act of 2014 (128 
Stat. 1366). 
(b) CONDITIONS.—As a condition of the exemption under sub-
section (a)— 
(1) no new or additional structure unrelated to the Project 
may be erected on the property unless the new or additional 
structure is in compliance with section 404(b)(2)(B)(ii) of the 
Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170c(b)(2)(B)(ii)); and 
(2) any subsequent use of the land on the property that 
is unrelated to the Project shall comply with that section. 
(c) DISASTER ASSISTANCE PROHIBITED.—After the date of enact-
ment of this Act, no disaster assistance from any Federal source 
may be provided with respect to any improvements made on the 
property referred to in subsection (a). 
(d) SAVINGS PROVISION.—Nothing in this section affects the 
responsibility of any entity to comply with all other applicable 
laws (including regulations) with respect to the properties described 
in subsection (a). 
SEC. 1322. CLATSOP COUNTY, OREGON. 
The portions of the project for raising and improving existing 
levees of Clatsop County Diking District No. 13, in Clatsop County, 
Oregon, authorized by section 5 of the Act of June 22, 1936 (49 
Stat. 1590), that are referred to as Christensen No. 1 Dike No. 
42 and Christensen No. 2 Levee No. 43 are no longer authorized 
beginning on the date of enactment of this Act. 
SEC. 1323. SVENSEN ISLAND, OREGON. 
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 enact-
ment of this Act. 
SEC. 1324. WEST TENNESSEE TRIBUTARIES PROJECT, TENNESSEE. 
The unconstructed portions of the West Tennessee tributaries 
project along the Obion and Forked Deer Rivers, Tennessee, author-
ized 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 Develop-
ment Act of 1974 (88 Stat. 14), and section 183 of the Water 
Resources Development Act of 1976 (90 Stat. 2940), are no longer 
authorized beginning on the date of enactment of this Act. 
Effective date. 
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PUBLIC LAW 115–270—OCT. 23, 2018 
SEC. 1325. PUGET SOUND NEARSHORE ECOSYSTEM RESTORATION. 
Section 544(f) of the Water Resources Development Act of 2000 
(Public Law 106–541; 114 Stat. 2675) is amended— 
(1) by striking ‘‘$40,000,000’’ and inserting ‘‘$60,000,000’’; 
and 
(2) by striking ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. 
SEC. 1326. MILWAUKEE HARBOR, MILWAUKEE, WISCONSIN. 
The portion of the project for navigation, Milwaukee Harbor, 
Milwaukee, Wisconsin, authorized by the first section of the Act 
of March 3, 1843 (5 Stat. 619; chapter 85), consisting of the naviga-
tion channel within the Menomonee River that extends from the 
16th Street Bridge upstream to the upper limit of the authorized 
navigation channel and described as follows is no longer authorized 
beginning on the date of enactment of this Act: 
(1) Beginning at a point in the channel just downstream 
of the 16th Street Bridge, N383219.703, E2521152.527. 
(2) Thence running westerly along the channel about 
2,530.2 feet to a point, N383161.314, E2518620.712. 
(3) Thence running westerly by southwesterly along the 
channel about 591.7 feet to a point at the upstream limit 
of the existing project, N383080.126, E2518036.371. 
(4) Thence running northerly along the upstream limit 
of the existing project about 80.5 feet to a point, N383159.359, 
E2518025.363. 
(5) Thence running easterly by northeasterly along the 
channel 
about 
551.2 
feet 
to 
a 
point, 
N383235.185, 
E2518571.108. 
(6) Thence running easterly along the channel about 
2,578.9 feet to a point, N383294.677, E2521150.798. 
(7) Thence running southerly across the channel about 
74.3 feet to the point of origin. 
SEC. 1327. PROJECT COMPLETION FOR DISASTER AREAS. 
The Secretary shall expeditiously carry out any project for 
flood risk management or hurricane and storm damage risk reduc-
tion authorized as of the date of enactment of this Act to be 
carried out by the Secretary in Texas, Florida, Georgia, Louisiana, 
South Carolina, the Commonwealth of Puerto Rico, or the United 
States Virgin Islands. 
SEC. 1328. FEDERAL ASSISTANCE. 
(a) IN GENERAL.—In accordance with the requirements of sub-
section (b), the Secretary is authorized to provide assistance for 
the operation and maintenance of a flood risk reduction project 
in the Red River Basin of the North that was constructed, prior 
to the date of enactment of this Act, under section 5(a) of the 
Act of August 18, 1941 (33 U.S.C. 701n(a)). 
(b) CONDITION.—The Secretary may provide the assistance 
authorized by subsection (a) for a project that, as determined by 
the Secretary, becomes permanent due to the extended presence 
of assistance from the Secretary under section 5(a) of the Act 
of August 18, 1941 (33 U.S.C. 701n(a)). 
(c) TERMINATION.—The authority to provide assistance under 
this section terminates on the date that is 4 years after the date 
of enactment of this section. 
State listing. 
Territories. 
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132 STAT. 3827 
PUBLIC LAW 115–270—OCT. 23, 2018 
SEC. 1329. EXPEDITED INITIATION. 
Section 1322(b)(2) of the Water Resources Development Act 
of 2016 (130 Stat. 1707) is amended, in the matter preceding 
subparagraph (A), by inserting ‘‘or, in a case in which a general 
reevaluation report for the project is required, if such report has 
been submitted for approval,’’ after ‘‘completed report,’’. 
SEC. 1330. 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)) 
is amended— 
(1) by striking ‘‘7-year period’’ each place it appears and 
inserting ‘‘10-year period’’; and 
(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 
determination by the Secretary to implement 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)) is amended by striking ‘‘7 years’’ and inserting ‘‘10 
years’’. 
SEC. 1331. CONVEYANCES. 
(a) CHEATHAM COUNTY, TENNESSEE.— 
(1) CONVEYANCE AUTHORIZED.—The Secretary may convey 
to Cheatham County, Tennessee (in this subsection referred 
to as the ‘‘Grantee’’), all right, title, and interest of the United 
States in and to the real property in Cheatham County, Ten-
nessee, consisting of approximately 9.19 acres, identified as 
portions of tracts E–514–1, E–514–2, E–518–1, E–518–2, E– 
519–1, E–537–1, and E–538, all being part of the Cheatham 
Lock and Dam project at CRM 158.5, including any improve-
ments thereon. 
(2) DEED.—The Secretary shall convey the property under 
this subsection by quitclaim deed under such terms and condi-
tions as the Secretary determines appropriate to protect the 
interests of the United States, to include retaining the right 
to inundate with water any land transferred under this sub-
section. 
(3) CONSIDERATION.—The Grantee shall pay to the Sec-
retary an amount that is not less than the fair market value 
of the land conveyed under this subsection, as determined 
by the Secretary. 
(4) 
SUBJECT
TO
EXISTING
EASEMENTS
AND
OTHER 
INTERESTS.—The conveyance of property under this section shall 
be subject to all existing easements, rights-of-way, and leases 
that are in effect as of the date of the conveyance. 
(b) NASHVILLE, TENNESSEE.— 
(1) CONVEYANCE AUTHORIZED.—The Secretary may convey, 
without consideration, to the City of Nashville, Tennessee (in 
this subsection referred to as the ‘‘City’’), all right, title, and 
interest of the United States in and to the real property covered 
by Lease No. DACW62–1–84–149, including any improvements 
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132 STAT. 3828 
PUBLIC LAW 115–270—OCT. 23, 2018 
thereon, at the Riverfront Park Recreational Development, con-
sisting of approximately 5 acres, subject to the right of the 
Secretary to retain any required easements in the property. 
(2) CONVEYANCE AGREEMENT.—The Secretary shall convey 
by quitclaim the real property described in paragraph (1) under 
the terms and conditions mutually satisfactory to the Secretary 
and the City. The deed shall provide that in the event that 
the City, its successors, or assigns cease to maintain improve-
ments for recreation included in the conveyance or otherwise 
utilize the real property conveyed for purposes other than recre-
ation and compatible flood risk management, the City, its suc-
cessor, or assigns shall repay to the United States the Federal 
share of the cost of constructing the improvements for recre-
ation under the agreement between the United States and 
the City dated December 8, 1981, increased as necessary to 
account for inflation. 
(c) LOCKS AND DAMS 1 THROUGH 4, KENTUCKY RIVER, KEN-
TUCKY.— 
(1) IN GENERAL.—Beginning on the date of enactment of 
this Act, commercial navigation at Locks and Dams 1 through 
4, Kentucky River, Kentucky, shall no longer be authorized, 
and the land and improvements associated with the locks and 
dams shall be disposed of consistent with this subsection and 
in accordance with the report of the Director of Civil Works 
entitled ‘‘Kentucky River Locks and Dams 1, 2, 3, and 4, Dis-
position Study and Integrated Environmental Assessment’’ and 
dated April 20, 2018. 
(2) DISPOSITION.—The Secretary shall convey to the State 
of Kentucky (referred to in this section as the ‘‘State’’), for 
the use and benefit of the Kentucky River Authority, all right, 
title, and interest of the United States, together with any 
improvements on the land, including improvements located in 
the Kentucky River, in and to— 
(A) Lock and Dam 1, located in Carroll County, Ken-
tucky; 
(B) Lock and Dam 2, located in Owen and Henry 
counties, Kentucky; 
(C) Lock and Dam 3, located in Owen and Henry 
counties, Kentucky; and 
(D) Lock and Dam 4, located in Franklin County, Ken-
tucky. 
(3) CONDITIONS.— 
(A) QUITCLAIM DEED.—The Secretary shall convey the 
property described in paragraph (2) by quitclaim deed to 
such State under such terms and conditions as the Sec-
retary determines appropriate to protect the interests of 
the United States. 
(B) ADMINISTRATIVE
COSTS.—The Secretary shall be 
responsible for all administrative costs associated with a 
conveyance under this subsection, including the costs of 
any surveys the Secretary determines to be necessary. 
(C) IMPROVEMENTS PROHIBITED.— 
(i) IN GENERAL.—The Secretary may not improve 
the locks and dams and land and improvements associ-
ated with the locks and dams described in this sub-
section on or after the date of enactment of this Act. 
Effective date. 
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132 STAT. 3829 
PUBLIC LAW 115–270—OCT. 23, 2018 
(ii) SAVINGS
CLAUSE.—Nothing in subparagraph 
(A) prohibits the State from improving the locks and 
dams and the land and improvements associated with 
the locks and dams described in this subsection on 
or after the date of conveyance under this subsection. 
(4) SAVINGS
CLAUSE.—If the State does not accept the 
conveyance under this subsection of the land and improvements 
associated with the locks and dams described in this subsection, 
the Secretary may dispose of the land and improvements under 
subchapter III of chapter 5 of title 40, United States Code. 
(d) BAINBRIDGE, GEORGIA.— 
(1) IN GENERAL.—On the date of enactment of this Act, 
the Secretary of the Army shall convey to the City of Bain-
bridge, Georgia, without consideration and subject to subsection 
(b), all right, title, and interest in and to real property described 
in subsection (c). 
(2) TERMS AND CONDITIONS.— 
(A) IN GENERAL.—The conveyance by the United States 
under this subsection shall be subject to— 
(i) the condition that the City of Bainbridge agrees 
to operate, maintain, and manage the property for 
fish and wildlife, recreation, and environmental pur-
poses at no cost or expense to the United States; and 
(ii) such other terms and conditions as the Sec-
retary determines to be in the interest of the United 
States. 
(B) REVERSION.—If the Secretary determines that the 
real property conveyed under paragraph (1) ceases to be 
held in public ownership or the city ceases to operate, 
maintain, and manage the real property in accordance 
with this subsection, all right, title, and interest in and 
to the property shall revert to the United States, at the 
option of the Secretary. 
(3) PROPERTY.—The property to be conveyed is composed 
of the following three parcels of land: 
(A) PARCEL 1.—All that tract or parcel of land lying 
and being in Land Lots 226. and 228, Fifteenth Land 
District, and Land Lots 319, 320, 321, 322, 323 and 358, 
Twentieth Land District, Decatur County, Georgia, more 
particularly described as follows: 
Beginning at a concrete monument stamped ‘‘358’’ 
which is 950 feet, more or less, North of the South line 
and 600 feet, more or less, West of the East line of said 
Land Lot 358, at a corner of a tract of land owned by 
the United States of America at Lake Seminole and at 
plane coordinate position North 318,698.72 feet and East 
360,033.38 feet based on Transverse Mercator Projection, 
Georgia West Zone; 
Thence Due West 75 feet, more or less, to the contour 
at elevation 77.0 feet above Mean Sea Level; 
Thence Northeasterly along the meanders of said 77.0 
foot contour a distance of 20,600 feet, more or less, to 
the mouth of the entrance channel to the arena and boat 
basin; 
Thence N 75° E 150 feet, more or less, to another 
point on said 77.0 foot contour; 
Determination. 
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132 STAT. 3830 
PUBLIC LAW 115–270—OCT. 23, 2018 
Thence Northeasterly along the meanders of said 77.0 
foot contour a distance of 3,300 feet, more or less, to a 
point which is on the boundary of said United States tract 
and on the boundary of a tract of land now or formerly 
owned by the City of Bainbridge, Georgia; 
Thence along the boundary of said United States tract 
the following courses: 
S 10° 52′ E along the boundary of said City of 
Bainbridge tract 830 feet, more or less, to a corner 
of said tract; 
S 89° 45′ E along the boundary of said City of 
Bainbridge tract 700 feet, more or less, to a concrete 
monument stamped ‘‘J1A’’, coordinates of said monu-
ment being North 328,902.34 feet and East 369,302.33 
feet; 
S 22° 25′ W 62 feet, more or less, to a corner 
of another tract of land owned by the City of Bain-
bridge, Georgia; 
S 88° 07′ W along the boundary of said City of 
Bainbridge tract 350 feet, more or less to a corner 
of said tract; 
N 84° 00′ W along the boundary of said City of 
Bainbridge tract 100.5 feet to a corner said tract; 
S 88° 07′ W along the boundary of said City of 
Bainbridge tract 300.0 feet to a corner of said tract; 
S 14° 16′ W along boundary of said City of Bain-
bridge tract 89.3 feet to a corner of said tract; 
Southwesterly along the boundary of said City of 
Bainbridge tract which is along a curve to the right 
with a radius of 684.69 feet an arc distance of 361.8 
feet to a corner of said tract; 
S 30° 00′ W along the boundary of said City of 
Bainbridge tract 294.0 feet to a corner of said tract; 
S 10° 27′ W along the boundary of said City of 
Bainbridge tract 385.0 feet to a corner of said tract; 
N 73° 31′ W 38 feet, more or less, to a concrete 
monument; 
S 16° 25′ W 563.7 feet to a concrete monument 
stamped ‘‘J7A’’; 
S 68° 28′ W 719.5 feet to a concrete monument 
stamped ‘‘J9A’’; 
S 68° 28′ W 831.3 feet to a concrete monument 
stamped ‘‘J12A’’; 
S 89° 39′ E 746.7 feet to a concrete monument 
stamped ‘‘J11A’’; 
S 01° 22′ W 80.0 feet to a concrete monument 
stamped ‘‘J11B’’; 
N 89° 39′ W 980.9 feet to a concrete monument 
stamped ‘‘J13A’’; 
S 01° 21′ W 560.0 feet to a concrete monument 
stamped ‘‘J15A’’; 
S 37° 14′ W 1,213.0 feet; 
N 52° 46′ W 600.0 feet; 
S 37° 14′ W 1,000.0 feet; 
S 52° 46′ E 600.0 feet; 
S 37° 14′ W 117.0 feet to a concrete monument 
stamped ‘‘320/319’’; 
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132 STAT. 3831 
PUBLIC LAW 115–270—OCT. 23, 2018 
S 37° 13′ W 1,403.8 feet to a concrete monument 
stamped ‘‘322/319’’; 
S 37° 13′ W 2,771.4 feet to a concrete monument 
stamped ‘‘322/323’’; 
S 37° 13′ W 1,459.2 feet; 
N 89° 04′ W 578.9 feet; 
S 53° 42′ W 367.7 feet; 
S 43° 42′ W 315.3 feet; 
S 26° 13′ W 654.9 feet, more or less, to the point 
of beginning. 
Containing 550.00 acres, more or less, and being a 
part of Tracts L-1105 and L-1106 of Lake Seminole. 
(B) PARCEL 2.—All that tract or parcel of land lying 
and lying and being in Land Lot 226, Fifteenth Land 
District, Decatur County, Georgia, more particularly 
described as follows: 
Beginning at a point which is on the East right-of- 
way line of the Seaboard Airline Railroad, 215 feet North 
of the South end of the trestle over the Flint River, and 
at a corner of a tract of land owned by the United States 
of America at Lake Seminole; 
Thence Southeasterly along the boundary of said 
United States tract which is along a curve to the right 
a distance of 485 feet, more or less, to a point which 
is 340 feet, more or less, S 67° 00′ E from the South 
end of said trestle, and at a corner of said United States 
tract; 
Thence N 70° 00′ E along the boundary of said United 
States tract 60.0 feet to a corner of said tract; 
Thence Northerly along the boundary of said United 
States tract which is along a curve to the right a distance 
of 525 feet, more or less, to a corner of said tract; 
Thence S 05° 00′ W along the boundary of said United 
States tract 500.0 feet to a corner of said tract; 
Thence Due West along the boundary of said United 
States tract 370 feet, more or less, to a point which is 
on the East right-of-way line of said railroad and at a 
corner of said United States tract; 
Thence N 13° 30′ W along the boundary of said United 
States tract which is along the East right-of-way line of 
said railroad a distance of 310 feet, more or less, to the 
point of beginning. 
Containing 3.67 acres, more or less, and being all 
of Tract L-1124 of Lake Seminole. 
Parcels 1 and 2 contain in the aggregate 553.67 acres, 
more or less. 
(C) PARCEL 3.—All that tract or panel of land lying 
and being in Land Lot 225, Fifteenth Land District, 
Decatur County, Georgia, more particularly described as 
follows: 
Beginning at an iron marker designated ‘‘225/226/’’, 
which is on the South line and 500 feet, more or less, 
West of the Southeast corner of said Land Lot 225 at 
a corner of a tract of land owned by the United States 
of America at Lake Seminole and at plane coordinate posi-
tion North 330,475.82 feet and East 370,429.36 feet, based 
on Transverse Mercator Projection, Georgia West Zone; 
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132 STAT. 3832 
PUBLIC LAW 115–270—OCT. 23, 2018 
Thence Due West along the boundary of said United 
States tract a distance of 53.0 feet to a monument stamped 
‘‘225/226–A’’; 
Thence continue Due West along the boundary of said 
United States tract a distance of 56 feet, more or less, 
to a point on the East bank of the Flint River; 
Thence Northerly, upstream, along the meanders of 
the East bank of said river a distance of 1,200 feet, more 
or less, to a point which is on the Southern right-of-way 
line of U.S. Highway No. 84 and at a corner of said United 
States tract; 
Thence Easterly and Southeasterly along the Southern 
right-of-way line of said highway, which is along the 
boundary of said United States tract a distance of 285 
feet, more or less, to a monument stamped ‘‘L–23–1’’, the 
coordinates of said monument being North 331,410.90 and 
East 370,574.96; 
Thence S 02° 25′ E along the boundary of said United 
States tract a distance of 650.2 feet to a monument stamped 
‘‘225–A’’; 
Thence S 42° 13′ E along the boundary of said United 
States tract a distance of 99.8 feet to a monument stamped 
‘‘225’’; 
Thence S 48° 37′ W along the boundary of said United 
States tract a distance of 319.9 feet, more or less, to the 
point of beginning. 
Containing 4.14 acres, more or less, and being all 
of Tract L–1123 of the Lake Seminole Project. 
(e) PORT OF WHITMAN COUNTY, WASHINGTON.— 
(1) DEFINITIONS.—In this subsection: 
(A) FEDERAL LAND.—The term ‘‘Federal land’’ means 
the approximately 288 acres of land situated in Whitman 
County, Washington, contained within Tract D of Little 
Goose Lock and Dam. 
(B) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’ 
means a tract or tracts of land owned by the Port of 
Whitman County, Washington, that the Secretary deter-
mines, with approval of the Washington Department of 
Fish and Wildlife and the Secretary of the Interior acting 
through the Director of the United States Fish and Wildlife 
Service, equals or exceeds the value of the Federal land 
both as habitat for fish and wildlife and for recreational 
opportunities related to fish and wildlife. 
(2) LAND EXCHANGE.—On conveyance by the Port of Whit-
man County to the United States of all right, title, and interest 
in and to the non-Federal land, the Secretary of the Army 
shall convey to the Port of Whitman County all right, title, 
and interest of the United States in and to the Federal land. 
(3) DEEDS.— 
(A) DEED TO NON-FEDERAL LAND.—The Secretary may 
only accept conveyance of the non-Federal land by warranty 
deed, as determined acceptable by the Secretary. 
(B) DEED
TO
FEDERAL
LAND.—The Secretary shall 
convey the Federal land to the Port of Whitman County 
by quitclaim deed and subject to any reservations, terms, 
and conditions the Secretary determines necessary to allow 
the United States to operate and maintain the Lower Snake 
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132 STAT. 3833 
PUBLIC LAW 115–270—OCT. 23, 2018 
River Project and to protect the interests of the United 
States. 
(4) CASH PAYMENT.—If the appraised fair market value 
of the Federal land, as determined by the Secretary, exceeds 
the appraised fair market value of the non-Federal land, as 
determined by the Secretary, the Port of Whitman County 
shall make a cash payment to the United States reflecting 
the difference in the appraised fair market values. 
(5) ADMINISTRATIVE
EXPENSES.—The Port of Whitman 
County shall be responsible for the administrative costs of 
the transaction in accordance with section 2695 of title 10, 
United States Code. 
(f) FORT DUPONT, DELAWARE.— 
(1) IN GENERAL.—Subject to paragraph (2), not later than 
180 days after the date of enactment of this Act, the Secretary 
shall transfer— 
(A) all right, title, and interest in and to a parcel 
of land known as that part of the Original Acquisition 
(OADE) Tract that includes the bed and banks of the 
Delaware Branch Channel on the north side of the Fifth 
Street Bridge, Delaware City, Delaware, containing 
approximately 31.6 acres of land, to the Fort DuPont 
Redevelopment and Preservation Corporation (herein 
referred to as ‘‘the Grantee’’); and 
(B) all right, title, and interest in and to the Fifth 
Street Bridge, together with the land known as that part 
of the Original Acquisition (OADE) Tract that includes 
the banks and bed of the Delaware Branch Channel, Dela-
ware City, Delaware, containing approximately 0.27 acres 
of land, to the State of Delaware. 
(2) CONDITIONS.— 
(A) STATE APPROVAL.—Before making a transfer under 
paragraph (1), the Secretary shall ensure that the Governor 
of Delaware agrees to the transfer. 
(B) TOLL-FREE
BRIDGE.—Before making a transfer 
under subparagraph (1)(B), the Governor of Delaware shall 
agree to ensure that no toll is imposed for use of the 
bridge referred to in that subsection, in accordance with 
section 109 of the River and Harbor Act of 1950 (33 U.S.C. 
534). 
(C) SURVEY.—The exact acreage and legal description 
of the land to be transferred under paragraph (1) shall 
be determined by a survey satisfactory to the Secretary 
and the Governor of Delaware. 
(D) COSTS.—Any administrative costs for the transfer 
under paragraph (1) shall be paid by Fort DuPont Redevel-
opment and Preservation Corporation, the State of Dela-
ware, or a combination of those entities. 
(3) CONSIDERATION.—The Grantee shall pay to the Sec-
retary an amount that is not less than the fair market value 
of the land conveyed to the Grantee under this subsection, 
as determined by the Secretary. 
(g) TUSCALOOSA, ALABAMA.—As soon as practicable after the 
date of enactment of this Act, the Secretary of the Army shall 
convey by quitclaim deed to the City of Tuscaloosa, Alabama, at 
fair market value, the lands owned by the United States adjacent 
Deadline. 
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132 STAT. 3834 
PUBLIC LAW 115–270—OCT. 23, 2018 
to the Black Warrior River on the south side below the U.S. High-
way 43 bridge, including the south wall of the Old Oliver Lock, 
and extending to the Corps’ current recreation area, that the Sec-
retary determines are no longer required for operation and mainte-
nance of the Oliver Lock and Dam. 
(h) GENERALLY APPLICABLE PROVISIONS.— 
(1) SURVEY TO OBTAIN LEGAL DESCRIPTION.—The exact acre-
age and the legal description of any real property to be conveyed 
under this section shall be determined by a survey that is 
satisfactory to the Secretary. 
(2) APPLICABILITY OF PROPERTY SCREENING PROVISIONS.— 
Section 2696 of title 10, United States Code, shall not apply 
to any conveyance under this section. 
(3) ADDITIONAL
TERMS
AND
CONDITIONS.—The Secretary 
may require that any conveyance under this section be subject 
to such additional terms and conditions as the Secretary con-
siders necessary and appropriate to protect the interests of 
the United States. 
(4) COSTS OF CONVEYANCE.—An entity to which a convey-
ance is made under this section shall be responsible for all 
reasonable and necessary costs, including real estate trans-
action and environmental documentation costs, associated with 
the conveyance. 
(5) LIABILITY.—An entity to which a conveyance is made 
under this section shall hold the United States harmless from 
any liability with respect to activities carried out, on or after 
the date of the conveyance, on real property conveyed. The 
United States shall remain responsible for any liability with 
respect to activities carried out, before such date, on the real 
property conveyed. 
SEC. 1332. REPORT ON FUTURE WATER RESOURCES DEVELOPMENT. 
(a) PROGRAMMATIC MODIFICATION.—Section 7001 of the Water 
Resources Reform and Development Act of 2014 (33 U.S.C. 2282d(a)) 
is amended— 
(1) in subsection (a) by adding at the end the following: 
‘‘(4) PROGRAMMATIC
MODIFICATIONS.—Any programmatic 
modification for an environmental infrastructure assistance pro-
gram.’’; 
(2) in subsection (b)(1) by striking ‘‘studies and proposed 
modifications to authorized water resources development 
projects and feasibility studies’’ and inserting ‘‘studies, proposed 
modifications to authorized water resources development 
projects and feasibility studies, and proposed modifications for 
an environmental infrastructure program’’; 
(3) by redesignating subsections (d), (e), and (f) as sub-
sections (e), (f), and (g), respectively; 
(4) by inserting after subsection (c) the following: 
‘‘(d) PROGRAMMATIC MODIFICATIONS IN ANNUAL REPORT.—The 
Secretary shall include in the annual report only proposed modifica-
tions for an environmental infrastructure assistance program that 
have not been included in any previous annual report. For each 
proposed modification, the Secretary shall include a letter or state-
ment of support for the proposed modification from each associated 
non-Federal interest, description of assistance provided, and total 
Federal cost of assistance provided.’’; and 
(5) by striking subsection (c)(4) and inserting the following: 
Determination. 
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132 STAT. 3835 
PUBLIC LAW 115–270—OCT. 23, 2018 
‘‘(4) APPENDIX.— 
‘‘(A) IN GENERAL.—The Secretary shall include in the 
annual report an appendix listing the proposals submitted 
under subsection (b) that were not included in the annual 
report under paragraph (1)(A) and a description of why 
the Secretary determined that those proposals did not meet 
the criteria for inclusion under such paragraph. 
‘‘(B) LIMITATION.—In carrying out the activities 
described in this section— 
‘‘(i) the Secretary shall not include proposals in 
the appendix of the annual report that otherwise meet 
the criteria for inclusion in the annual report solely 
on the basis of the Secretary’s determination that the 
proposal requires legislative changes to an authorized 
water resources development project, feasibility study, 
or environmental infrastructure program; and 
‘‘(ii) the Secretary shall not include proposals in 
the appendix of the annual report that otherwise meet 
the criteria for inclusion in the annual report solely 
on the basis of a policy of the Secretary.’’. 
(b) SAVINGS CLAUSE.—Notwithstanding the third sentence of 
section 1001(b)(2) of the Water Resources Development Act of 1986 
(33 U.S.C. 579a(b)(2)), projects and separable elements of projects 
identified in the fiscal year 2017 report prepared in accordance 
with such section and submitted to Congress on December 15, 
2016, shall not be deauthorized unless such projects and separable 
elements meet the requirements of section 1301(b)(1)(A) of the 
Water Resources Development Act of 2016 (130 Stat. 1687). 
Subtitle D—Water Resources 
Infrastructure 
SEC. 1401. PROJECT AUTHORIZATIONS. 
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’’ sub-
mitted to Congress on March 17, 2017, and February 5, 2018, 
respectively, pursuant to section 7001 of the Water Resources 
Reform and Development Act of 2014 (33 U.S.C. 2282d) or otherwise 
reviewed by Congress are authorized to be carried out by the 
Secretary substantially in accordance with the plans, and subject 
to the conditions, described in the respective reports or decision 
documents designated in this section: 
(1) NAVIGATION.— 
33 USC 579a 
note. 
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132 STAT. 3836 
PUBLIC LAW 115–270—OCT. 23, 2018 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engi-
neers 
D. 
Estimated 
Costs 
1. AR 
Three Rivers 
Southeast 
Arkansas 
September 
6, 2018 
Total: $184,395,000 (to 
be derived 1⁄2 from the 
general fund of the 
Treasury and 1⁄2 from 
the Inland Waterways 
Trust Fund) 
2. PR 
San Juan Har-
bor 
August 23, 
2018 
Federal: $41,345,840 
Non-Federal: 
$13,781,267 
Total: $55,127,107 
3. TX 
Galveston Har-
bor Channel 
Extension 
Project, 
Houston-Gal-
veston Navi-
gation Chan-
nels 
Aug. 8, 
2017 
Federal: $10,444,000 
Non-Federal: $3,481,000 
Total: $13,925,000 
4. WA 
Seattle Harbor 
Navigation 
Improvement 
Project 
June 7, 
2018 
Federal: $29,362,000 
Non-Federal: 
$31,880,000 
Total: $61,242,000 
(2) FLOOD RISK MANAGEMENT.— 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engi-
neers 
D. 
Estimated 
Costs 
1. CA 
Lower San 
Joaquin 
River 
July 31, 
2018 
Federal: $712,169,000 
Non-Federal: 
$383,475,000 
Total: $1,095,644,000 
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132 STAT. 3837 
PUBLIC LAW 115–270—OCT. 23, 2018 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engi-
neers 
D. 
Estimated 
Costs 
2. HI 
Ala Wai Canal 
Dec. 21, 
2017 
Federal: $212,754,000 
Non-Federal: 
$114,560,000 
Total: $327,313,000 
3. NY 
Mamaroneck- 
Sheldrake 
Rivers 
Dec. 14, 
2017 
Federal: $53,500,000 
Non-Federal: 
$28,750,000 
Total: $82,250,000 
(3) HURRICANE AND STORM DAMAGE RISK REDUCTION.— 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engi-
neers 
D. 
Estimated Initial 
Costs and 
Estimated 
Renourishment 
Costs 
1. FL 
St. Johns 
County 
Aug. 8, 
2017 
Initial Federal: 
$5,873,283 
Initial Non-Federal: 
$19,661,924 
Initial Total: 
$25,535,207 
Renourishment Federal: 
$9,751,788 
Renourishment Non- 
Federal: $45,344,169 
Renourishment Total: 
$55,095,957 
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132 STAT. 3838 
PUBLIC LAW 115–270—OCT. 23, 2018 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engi-
neers 
D. 
Estimated Initial 
Costs and 
Estimated 
Renourishment 
Costs 
2. FL 
St. Lucie 
County 
Dec. 15, 
2017 
Initial Federal: 
$7,239,497 
Initial Non-Federal: 
$13,443,614 
Initial Total: 
$20,683,110 
Renourishment Federal: 
$9,093,999 
Renourishment Non- 
Federal: $24,588,991 
Renourishment Total: 
$33,682,990 
3. TX 
Sabine Pass to 
Galveston 
Bay 
Dec. 7, 
2017 
Federal: $2,200,357,000 
Non-Federal: 
$1,184,807,000 
Total: $3,385,164,000 
(4) FLOOD
RISK
MANAGEMENT
AND
ECOSYSTEM
RESTORA-
TION.— 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engi-
neers 
D. 
Estimated 
Costs 
1. NM 
Espan
˜ola Val-
ley, Rio 
Grande 
May 11, 
2018 
Federal: $55,602,266 
Non-Federal: $7,637,764 
Total: $63,240,030 
(5) ECOSYSTEM RESTORATION.— 
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132 STAT. 3839 
PUBLIC LAW 115–270—OCT. 23, 2018 
A. 
State 
B. 
Name 
C. 
Date of 
Report of 
Chief of 
Engi-
neers 
D. 
Estimated 
Costs 
1. TX 
Resacas, in the 
vicinity of 
the City of 
Brownsville 
September 
6, 2018 
Federal: $141,489,000 
Non-Federal: 
$65,675,000 
Total: $207,164,000 
(6) MODIFICATIONS AND OTHER PROJECTS.— 
A. 
State 
B. 
Name 
C. 
Date of 
Decision 
Docu-
ment 
D. 
Estimated 
Costs 
1. GA 
Savannah Har-
bor Expan-
sion Project 
Dec. 5, 
2016 
Federal: $731,700,000 
Non-Federal: 
$287,200,000 
Total: $1,018,900,000 
2. MI 
Soo Locks, 
Sault Ste. 
Marie 
June 29, 
2018 
Federal: $922,432,000 
Non-Federal: $0 
Total: $922,432,000 
3. TN 
Chickamauga 
Lock Re-
placement 
July 19, 
2018 
Total: $757,666,000 (to 
be derived 1⁄2 from the 
general fund of the 
Treasury and 1⁄2 from 
the Inland Waterways 
Trust Fund) 
SEC. 1402. SPECIAL RULES. 
(a) ST. PAUL
HARBOR, ALASKA.—Notwithstanding section 
2008(c) of the Water Resources Development Act of 2007 (Public 
Law 110–114; 121 Stat. 1074), the project for navigation, St. Paul 
Harbor, authorized by section 101(b)(3) of the Water Resources 
Development Act of 1996 (110 Stat. 3667), shall be cost-shared 
substantially in accordance with the costs established by section 
105 of the Energy and Water Development Appropriations Act, 
2003 (117 Stat. 139). 
(b) ESPAN
˜ OLA VALLEY, NEW MEXICO.—The Secretary shall carry 
out the project for flood risk management and ecosystem restoration, 
Espan
˜ola Valley, Rio Grande and Tributaries, New Mexico, author-
ized by section 1401(4) of this Act substantially in accordance 
with terms and conditions described in the Report of the Chief 
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132 STAT. 3840 
PUBLIC LAW 115–270—OCT. 23, 2018 
of Engineers, dated May 11, 2018, including, notwithstanding sec-
tion 2008(c) of the Water Resources Development Act of 2007 (Public 
Law 110–114; 121 Stat. 1074), the recommended cost share. 
SEC. 1403. NORFOLK HARBOR AND CHANNELS, VIRGINIA. 
(a) IN
GENERAL.—The Secretary is authorized to further 
improve the project for navigation, Norfolk Harbor and Channels, 
Virginia, authorized by section 201 of the Water Resources Develop-
ment Act of 1986 (100 Stat. 4090), substantially in accordance 
with the plans, and subject to the conditions, described in the 
Report of the Chief of Engineers dated June 29, 2018. 
(b) THIMBLE SHOAL CHANNEL WIDENING.—The Secretary may 
carry out additional modifications to the project described in sub-
section (a) that are identified in the report titled ‘‘Report to Congress 
on Future Water Resources Development’’ submitted to Congress 
on February 5, 2018, pursuant to section 7001 of the Water 
Resources Reform and Development Act of 2014 (33 U.S.C. 2282d). 
(c) MAXIMUM
AUTHORIZED
COST.—Notwithstanding section 
902(a)(2)(B) of the Water Resources Development Act of 1986 (33 
U.S.C. 2280(a)(2)(B)), the maximum authorized cost for the project 
described in subsection (a) shall not be modified for the improve-
ments and modifications authorized by subsections (a) and (b). 
TITLE II—DRINKING WATER SYSTEM 
IMPROVEMENT 
SEC. 2001. INDIAN RESERVATION DRINKING WATER PROGRAM. 
(a) IN GENERAL.—Subject to the availability of appropriations, 
the Administrator of the Environmental Protection Agency shall 
carry out a 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 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)) that serves 
a federally recognized Indian Tribe; and 
(2) the purpose of which is to connect, expand, or repair 
an existing public water system, as defined in section 1401(4) 
of the Safe Drinking Water Act (42 U.S.C. 300f(4)), in order 
to improve water quality, water pressure, or water services. 
(c) REQUIREMENT.—In carrying out the program under sub-
section (a)(1), the Administrator of the Environmental Protection 
Agency shall select not less than one eligible project for a reserva-
tion that serves more than one federally recognized Indian Tribe. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out the program under subsection (a) 
$20,000,000 for each of fiscal years 2019 through 2022. 
SEC. 2002. CLEAN, SAFE, RELIABLE WATER INFRASTRUCTURE. 
Section 1452(k) of the Safe Drinking Water Act (42 U.S.C. 
300j–12(k)) is amended— 
(1) in paragraph (1)(D), by inserting ‘‘and for the 
implementation of efforts (other than actions authorized under 
42 USC 300j–3c 
note. 
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132 STAT. 3841 
PUBLIC LAW 115–270—OCT. 23, 2018 
subparagraph (A)) to protect source water in areas delineated 
pursuant to section 1453’’ before the period at the end; and 
(2) in paragraph (2)(E), by inserting ‘‘, and to implement 
efforts to protect source water,’’ after ‘‘wellhead protection pro-
grams’’. 
SEC. 2003. STUDY ON INTRACTABLE WATER SYSTEMS. 
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 1459C. STUDY ON INTRACTABLE WATER SYSTEMS. 
‘‘(a) DEFINITION OF INTRACTABLE WATER SYSTEM.—In this sec-
tion, the term ‘intractable water system’ means a community water 
system or a noncommunity water system— 
‘‘(1) that serves fewer than 1,000 individuals; 
‘‘(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; or 
‘‘(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; and 
‘‘(3) that is, as of the date of enactment of America’s Water 
Infrastructure Act of 2018— 
‘‘(A) in significant noncompliance with this Act or any 
regulation promulgated pursuant to this Act; or 
‘‘(B) listed as having a history of significant noncompli-
ance with this title pursuant to section 1420(b)(1). 
‘‘(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 rec-
ommendations based on the study under this subsection.’’. 
SEC. 2004. SENSE OF CONGRESS RELATING TO ACCESS TO NON-
POTABLE WATER. 
It is the sense of Congress that— 
(1) access to nonpotable water sources for industry can 
relieve the supply and demand challenges for potable water 
in water-stressed regions throughout the United States; and 
(2) water users are encouraged to continue implementing 
and incentivizing nonpotable water reuse programs that will 
achieve greater water savings and conservation needs. 
Deadline. 
Consultation. 
42 USC 300j–19c. 
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132 STAT. 3842 
PUBLIC LAW 115–270—OCT. 23, 2018 
SEC. 2005. DRINKING WATER INFRASTRUCTURE RESILIENCE AND 
SUSTAINABILITY. 
Section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j– 
19a) is amended— 
(1) by redesignating subsection (j) as subsection (k); 
(2) in subsection (k), as redesignated by paragraph (1), 
by striking ‘‘this section’’ and inserting ‘‘subsections (a) through 
(j) of this section’’; 
(3) by inserting after subsection (i) the following: 
‘‘(j) STATE RESPONSE TO CONTAMINANTS.— 
‘‘(1) IN GENERAL.—The Administrator may, subject to the 
terms and conditions of this section, issue a grant to a 
requesting State, on behalf of an underserved community, so 
the State may assist in, or otherwise carry out, necessary 
and appropriate activities related to a contaminant— 
‘‘(A) that is determined by the State to— 
‘‘(i) be present in, or likely to enter into, a public 
water system serving, or an underground source of 
drinking water for, such underserved community; and 
‘‘(ii) potentially present an imminent and substan-
tial endangerment to the health of persons; and 
‘‘(B) with respect to which the State determines appro-
priate authorities have not acted sufficiently to protect 
the health of such persons. 
‘‘(2) RECOVERY OF FUNDS.—If, subsequent to the Adminis-
trator’s award of a grant to a State under this subsection, 
any person or entity (including an eligible entity), is found 
by the Administrator or a court of competent jurisdiction to 
have caused or contributed to contamination that was detected 
as a result of testing conducted, or treated, with funds provided 
under this subsection, and such contamination violated a law 
administered by the Administrator, such person or entity shall, 
upon issuance of a final judgment or settlement and the exhaus-
tion of all appellate and administrative remedies— 
‘‘(A) notify the Administrator in writing not later than 
30 days after such issuance of a final judgment or settle-
ment and the exhaustion of all appellate and administrative 
remedies; and 
‘‘(B) promptly pay the Administrator an amount equal 
to the amount of such funds.’’; and 
(4) by adding at the end the following: 
‘‘(l) 
DRINKING
WATER
INFRASTRUCTURE
RESILIENCE
AND 
SUSTAINABILITY.— 
‘‘(1) RESILIENCE AND NATURAL HAZARD.—The terms ‘resil-
ience’ and ‘natural hazard’ have the meaning given such terms 
in section 1433(h). 
‘‘(2) IN GENERAL.—The Administrator may establish and 
carry out a program, to be known as the Drinking Water 
System Infrastructure Resilience and Sustainability Program, 
under which the Administrator, subject to the availability of 
appropriations for such purpose, shall award grants in each 
of fiscal years 2019 and 2020 to eligible entities for the purpose 
of increasing resilience to natural hazards. 
‘‘(3) USE OF FUNDS.—An eligible entity may only use grant 
funds received under this subsection to assist in the planning, 
Grants. 
Definition. 
Notification. 
Deadline. 
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132 STAT. 3843 
PUBLIC LAW 115–270—OCT. 23, 2018 
design, construction, implementation, operation, or mainte-
nance of a program or project that increases resilience to nat-
ural hazards through— 
‘‘(A) the conservation of water or the enhancement 
of water use efficiency; 
‘‘(B) the modification or relocation of existing drinking 
water system infrastructure made, or that is at risk of 
being, significantly impaired by natural hazards, including 
risks to drinking water from flooding; 
‘‘(C) the design or construction of desalination facilities 
to serve existing communities; 
‘‘(D) the enhancement of water supply through the 
use of watershed management and source water protection; 
‘‘(E) the enhancement of energy efficiency or the use 
and generation of renewable energy in the conveyance or 
treatment of drinking water; or 
‘‘(F) the development and implementation of measures 
to increase the resilience of the eligible entity to natural 
hazards. 
‘‘(4) APPLICATION.—To seek a grant under this subsection, 
the eligible entity shall submit to the Administrator an applica-
tion that— 
‘‘(A) includes a proposal of the program or project to 
be planned, designed, constructed, implemented, operated, 
or maintained by the eligible entity; 
‘‘(B) identifies the natural hazard risk to be addressed 
by the proposed program or project; 
‘‘(C) provides documentation prepared by a Federal, 
State, regional, or local government agency of the natural 
hazard risk to the area where the proposed program or 
project is to be located; 
‘‘(D) includes a description of any recent natural hazard 
events that have affected the applicable water system; 
‘‘(E) includes a description of how the proposed program 
or project would improve the performance of the system 
under the anticipated natural hazards; and 
‘‘(F) explains how the proposed program or project is 
expected to enhance the resilience of the system to the 
anticipated natural hazards. 
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this subsection $4,000,000 
for each of fiscal years 2019 and 2020.’’. 
SEC. 2006. VOLUNTARY SCHOOL AND CHILD CARE PROGRAM LEAD 
TESTING GRANT PROGRAM ENHANCEMENT. 
(a) VOLUNTARY SCHOOL
AND CHILD CARE PROGRAM LEAD 
TESTING GRANT PROGRAM ENHANCEMENT.—Section 1464(d) of the 
Safe Drinking Water Act (42 U.S.C. 300j–24(d)) is amended— 
(1) in paragraph (2), by adding at the end the following: 
‘‘(C) TECHNICAL ASSISTANCE.—In carrying out the grant 
program under subparagraph (A), beginning not later than 
1 year after the date of enactment of America’s Water 
Infrastructure Act of 2018, the Administrator shall provide 
technical assistance to recipients of grants under this sub-
section— 
‘‘(i) to assist in identifying the source of lead 
contamination in drinking water at schools and child 
Effective date. 
Proposal. 
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132 STAT. 3844 
PUBLIC LAW 115–270—OCT. 23, 2018 
care programs under the jurisdiction of the grant 
recipient; 
‘‘(ii) to assist in identifying and applying for other 
Federal and State grant programs that may assist 
the grant recipient in eliminating lead contamination 
described in clause (i); 
‘‘(iii) to provide information on other financing 
options in eliminating lead contamination described 
in clause (i); and 
‘‘(iv) to connect grant recipients with nonprofit and 
other organizations that may be able to assist with 
the elimination of lead contamination described in 
clause (i).’’; 
(2) by redesignating paragraphs (4) through (7) as para-
graphs (5) through (8), respectively; 
(3) by inserting after paragraph (3) the following para-
graph: 
‘‘(4) PRIORITY.—In making grants under this subsection, 
the Administrator shall give priority to States and local edu-
cational agencies that will assist in voluntary testing for lead 
contamination in drinking water at schools and child care pro-
grams that are in low-income areas.’’; and 
(4) in paragraph (8) (as redesignated by paragraph (2) 
of this section)— 
(A) by striking ‘‘is authorized’’ and inserting ‘‘are 
authorized’’; and 
(B) by striking ‘‘2021’’ and inserting ‘‘2019, and 
$25,000,000 for each of fiscal years 2020 and 2021’’. 
(b) DRINKING WATER FOUNTAIN REPLACEMENT FOR SCHOOLS.— 
(1) IN GENERAL.—Part F of the Safe Drinking Water Act 
(42 U.S.C. 300j–21 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 
1465. 
DRINKING 
WATER 
FOUNTAIN 
REPLACEMENT 
FOR 
SCHOOLS. 
‘‘(a) ESTABLISHMENT.—Not later than 1 year after the date 
of enactment of this section, the Administrator shall establish a 
grant program to provide assistance to local educational agencies 
for the replacement of drinking water fountains manufactured prior 
to 1988. 
‘‘(b) USE
OF FUNDS.—Funds awarded under the grant pro-
gram— 
‘‘(1) shall be used to pay the costs of replacement of 
drinking water fountains in schools; and 
‘‘(2) may be used to pay the costs of monitoring and 
reporting of lead levels in the drinking water of schools of 
a local educational agency receiving such funds, as determined 
appropriate by the Administrator. 
‘‘(c) PRIORITY.—In awarding funds under the grant program, 
the Administrator shall give priority to local educational agencies 
based on economic need. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section $5,000,000 for each 
of fiscal years 2019 through 2021.’’. 
(2) DEFINITIONS.—Section 1461(5) of the Safe Drinking 
Water Act (42 U.S.C. 300j–21(5)) is amended by inserting ‘‘or 
Deadline. 
42 USC 300j–25. 
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132 STAT. 3845 
PUBLIC LAW 115–270—OCT. 23, 2018 
drinking water fountain’’ after ‘‘water cooler’’ each place it 
appears. 
SEC. 2007. INNOVATIVE WATER TECHNOLOGY GRANT PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Administrator of the Environmental Protection Agency. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 
(A) a public water system (as defined under section 
1401(4) of the Safe Drinking Water Act (42 U.S.C. 300f(4))); 
(B) an institution of higher education; 
(C) a research institution or foundation; 
(D) a regional water organization; or 
(E) a nonprofit organization described in section 
1442(e)(8) of the Safe Drinking Water Act (42 U.S.C. 300j– 
1(e)(8)). 
(b) GRANT PROGRAM AUTHORIZED.—The Administrator shall 
carry out a grant program for the purpose of accelerating the 
development and deployment of innovative water technologies that 
address pressing drinking water supply, quality, treatment, or secu-
rity challenges of public water systems, areas served by private 
wells, or source waters. 
(c) GRANTS.—In carrying out the program under subsection 
(b), the Administrator shall make grants to eligible entities— 
(1) to develop, test, and deploy innovative water tech-
nologies; or 
(2) to provide technical assistance to deploy demonstrated 
innovative water technologies. 
(d) SELECTION CRITERIA.—In making grants under this section, 
the Administrator shall— 
(1) award grants through a competitive process to eligible 
entities the Administrator determines are best able to carry 
out the purpose of the program; and 
(2) give priority to projects that have the potential— 
(A) to reduce ratepayer or community costs or costs 
of future capital investments; 
(B) to significantly improve human health or the 
environment; or 
(C) to provide additional drinking water supplies with 
minimal environmental impact. 
(e) COST-SHARING.—The Federal share of the cost of activities 
carried out using a grant under this section shall be not more 
than 65 percent. 
(f) LIMITATION.—The maximum amount of a grant under this 
section shall be $5,000,000. 
(g) REPORT.—Each year, the Administrator shall submit to Con-
gress and make publicly available on the website of the Adminis-
trator a report that describes any advancements during the previous 
year in development of innovative water technologies made as a 
result of funding provided under this section. 
(h) PARTNERSHIPS.—Grants awarded under this program may 
include projects that are carried out by an eligible entity in coopera-
tion with a private entity, including a farmer, farmer cooperative, 
or manufacturer of water technologies. 
(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $10,000,000 for each 
of fiscal years 2019 and 2020. 
Public 
information. 
Web posting. 
42 USC 300j–1a. 
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132 STAT. 3846 
PUBLIC LAW 115–270—OCT. 23, 2018 
SEC. 2008. IMPROVED CONSUMER CONFIDENCE REPORTS. 
Section 1414(c)(4) of the Safe Drinking Water Act (42 U.S.C. 
300g–3(c)(4)) is amended— 
(1) in the heading for subparagraph (A), by striking 
‘‘ANNUAL REPORTS’’ and inserting ‘‘REPORTS’’; 
(2) in subparagraph (A), by inserting ‘‘, or provide by elec-
tronic means,’’ after ‘‘to mail’’; 
(3) in subparagraph (B)— 
(A) in clause (iv), by striking ‘‘the Administrator, and’’ 
and inserting ‘‘the Administrator, including corrosion con-
trol efforts, and’’; and 
(B) by adding at the end the following clause: 
‘‘(vii) Identification of, if any— 
‘‘(I) exceedances described in paragraph (1)(D) 
for which corrective action has been required by 
the Administrator or the State (in the case of 
a State exercising primary enforcement responsi-
bility for public water systems) during the moni-
toring period covered by the consumer confidence 
report; and 
‘‘(II) violations that occurred during the moni-
toring period covered by the consumer confidence 
report.’’; and 
(4) by adding at the end the following new subparagraph: 
‘‘(F) REVISIONS.— 
‘‘(i) UNDERSTANDABILITY
AND
FREQUENCY.—Not 
later than 24 months after the date of enactment of 
America’s Water Infrastructure Act of 2018, the 
Administrator, in consultation with the parties identi-
fied in subparagraph (A), shall issue revisions to the 
regulations issued under subparagraph (A)— 
‘‘(I) to increase— 
‘‘(aa) the readability, clarity, and under-
standability of the information presented in 
consumer confidence reports; and 
‘‘(bb) the accuracy of information pre-
sented, and risk communication, in consumer 
confidence reports; and 
‘‘(II) with respect to community water systems 
that serve 10,000 or more persons, to require each 
such community water system to provide, by mail, 
electronic means, or other methods described in 
clause (ii), a consumer confidence report to each 
customer of the system at least biannually. 
‘‘(ii) ELECTRONIC DELIVERY.—Any revision of regu-
lations pursuant to clause (i) shall allow delivery of 
consumer confidence reports by methods consistent 
with methods described in the memorandum ‘Safe 
Drinking Water Act–Consumer Confidence Report Rule 
Delivery Options’ issued by the Environmental Protec-
tion Agency on January 3, 2013.’’. 
SEC. 2009. CONTRACTUAL AGREEMENTS. 
(a) IN GENERAL.—Section 1414(h)(1) of the Safe Drinking Water 
Act (42 U.S.C. 300g–3(h)(1)) is amended— 
(1) in subparagraph (B), by striking ‘‘or’’ after the semi-
colon; 
Deadline. 
Consultation. 
Regulations. 
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132 STAT. 3847 
PUBLIC LAW 115–270—OCT. 23, 2018 
(2) in subparagraph (C), by striking the period at the 
end and inserting ‘‘; or’’; and 
(3) by adding at the end the following new subparagraph: 
‘‘(D) entering into a contractual agreement for signifi-
cant management or administrative functions of the system 
to correct violations identified in the plan.’’. 
(b) TECHNICAL AMENDMENT.—Section 1414(i)(1) of the Safe 
Drinking Water Act (42 U.S.C. 300g–3(i)(1)) is amended by inserting 
a comma after ‘‘1417’’. 
SEC. 2010. ADDITIONAL CONSIDERATIONS FOR COMPLIANCE. 
(a) MANDATORY ASSESSMENT.—Subsection (h) of section 1414 
of the Safe Drinking Water Act (42 U.S.C. 300g–3) is amended 
by adding at the end the following: 
‘‘(3) AUTHORITY FOR MANDATORY ASSESSMENT.— 
‘‘(A) AUTHORITY.—A State with primary enforcement 
responsibility or the Administrator (if the State does not 
have primary enforcement responsibility) may require the 
owner or operator of a public water system to assess options 
for consolidation, or transfer of ownership of the system, 
as described in paragraph (1), or other actions expected 
to achieve compliance with national primary drinking water 
regulations described in clause (i)(I), if— 
‘‘(i) the public water system— 
‘‘(I) has repeatedly violated one or more 
national primary drinking water regulations and 
such repeated violations are likely to adversely 
affect human health; and 
‘‘(II)(aa) is unable or unwilling to take feasible 
and affordable actions, as determined by the State 
with primary enforcement responsibility or the 
Administrator (if the State does not have primary 
enforcement responsibility), that will result in the 
public water system complying with the national 
primary drinking water regulations described in 
subclause (I), including accessing technical assist-
ance and financial assistance through the State 
loan fund pursuant to section 1452; or 
‘‘(bb) has already undertaken actions described 
in item (aa) without achieving compliance; 
‘‘(ii) such consolidation, transfer, or other action 
is feasible; and 
‘‘(iii) such consolidation, transfer, or other action 
could result in greater compliance with national pri-
mary drinking water regulations. 
‘‘(B) TAILORING
OF
ASSESSMENTS.—Requirements for 
any assessment to be conducted pursuant to subparagraph 
(A) shall be tailored with respect to the size, type, and 
characteristics, of the public water system to be assessed. 
‘‘(C) APPROVED
ENTITIES.—An assessment conducted 
pursuant to subparagraph (A) may be conducted by an 
entity approved by the State requiring such assessment 
(or the Administrator, if the State does not have primary 
enforcement responsibility), which may include such State 
(or the Administrator, as applicable), the public water 
system, or a third party. 
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132 STAT. 3848 
PUBLIC LAW 115–270—OCT. 23, 2018 
‘‘(D) BURDEN OF ASSESSMENTS.—It is the sense of Con-
gress that any assessment required pursuant to subpara-
graph (A) should not be overly burdensome on the public 
water system that is assessed. 
‘‘(4) 
FINANCIAL
ASSISTANCE.—Notwithstanding 
section 
1452(a)(3), a public water system undertaking consolidation 
or transfer of ownership or other actions pursuant to an assess-
ment completed under paragraph (3) may receive a loan 
described in section 1452(a)(2)(A) to carry out such consolida-
tion, transfer, or other action. 
‘‘(5) PROTECTION OF NONRESPONSIBLE SYSTEM.— 
‘‘(A) IDENTIFICATION OF LIABILITIES.— 
‘‘(i) IN GENERAL.—An owner or operator of a public 
water system that submits a plan pursuant to para-
graph (1) based on an assessment conducted with 
respect to such public water system under paragraph 
(3) shall identify as part of such plan— 
‘‘(I) any potential and existing liability for pen-
alties and damages arising from each specific viola-
tion identified in the plan of which the owner 
or operator is aware; and 
‘‘(II) any funds or other assets that are avail-
able to satisfy such liability, as of the date of 
submission of such plan, to the public water system 
that committed such violation. 
‘‘(ii) INCLUSION.—In carrying out clause (i), the 
owner or operator shall take reasonable steps to ensure 
that all potential and existing liabilities for penalties 
and damages arising from each specific violation identi-
fied in the plan are identified. 
‘‘(B) RESERVATION OF FUNDS.—A public water system 
that, consistent with the findings of an assessment con-
ducted pursuant to paragraph (3), has completed the 
actions under a plan submitted and approved pursuant 
to this subsection shall not be liable under this title for 
a violation of this title identified in the plan, except to 
the extent to which funds or other assets are identified 
pursuant to subparagraph (A)(i)(II) as available to satisfy 
such liability. 
‘‘(6) REGULATIONS.—Not later than 2 years after the date 
of enactment of America’s Water Infrastructure Act of 2018, 
the Administrator shall promulgate regulations to implement 
paragraphs (3), (4), and (5).’’. 
(b) RETENTION OF PRIMARY ENFORCEMENT AUTHORITY.— 
(1) IN
GENERAL.—Section 1413(a) of the Safe Drinking 
Water Act (42 U.S.C. 300g–2(a)) is amended— 
(A) in paragraph (5), by striking ‘‘; and’’ and inserting 
a semicolon; 
(B) by redesignating paragraph (6) as paragraph (7); 
and 
(C) by inserting after paragraph (5) the following new 
paragraph: 
‘‘(6) has adopted and is implementing procedures for 
requiring public water systems to assess options for consolida-
tion or transfer of ownership or other actions in accordance 
with the regulations issued by the Administrator under section 
1414(h)(6); and’’. 
Deadline. 
Plans. 
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132 STAT. 3849 
PUBLIC LAW 115–270—OCT. 23, 2018 
(2) CONFORMING AMENDMENT.—Section 1413(b)(1) of the 
Safe Drinking Water Act (42 U.S.C. 300g–2(b)(1)) is amended 
by striking ‘‘of paragraphs (1), (2), (3), and (4)’’. 
SEC. 2011. IMPROVED ACCURACY AND AVAILABILITY OF COMPLIANCE 
MONITORING DATA. 
Section 1414 of the Safe Drinking Water Act (42 U.S.C. 300g– 
3) is amended by adding at the end the following new subsection: 
‘‘(j) IMPROVED ACCURACY
AND AVAILABILITY
OF COMPLIANCE 
MONITORING DATA.— 
‘‘(1) STRATEGIC
PLAN.—Not later than 1 year after the 
date of enactment of this subsection, the Administrator, in 
coordination with States (including States without primary 
enforcement responsibility under section 1413), public water 
systems, and other interested stakeholders, shall develop and 
provide to Congress a strategic plan for improving the accuracy 
and availability of monitoring data collected to demonstrate 
compliance with national primary drinking water regulations 
and submitted— 
‘‘(A) by public water systems to States; or 
‘‘(B) by States to the Administrator. 
‘‘(2) EVALUATION.—In developing the strategic plan under 
paragraph (1), the Administrator shall evaluate any challenges 
faced— 
‘‘(A) in ensuring the accuracy and integrity of sub-
mitted data described in paragraph (1); 
‘‘(B) by States and public water systems in imple-
menting an electronic system for submitting such data, 
including the technical and economic feasibility of imple-
menting such a system; and 
‘‘(C) by users of such electronic systems in being able 
to access such data. 
‘‘(3) FINDINGS AND RECOMMENDATIONS.—The Administrator 
shall include in the strategic plan provided to Congress under 
paragraph (1)— 
‘‘(A) a summary of the findings of the evaluation under 
paragraph (2); and 
‘‘(B) recommendations on practicable, cost-effective 
methods and means that can be employed to improve the 
accuracy and availability of submitted data described in 
paragraph (1). 
‘‘(4) CONSULTATION.—In developing the strategic plan under 
paragraph (1), the Administrator may, as appropriate, consult 
with States or other Federal agencies that have experience 
using practicable methods and means to improve the accuracy 
and availability of submitted data described in such para-
graph.’’. 
SEC. 2012. ASSET MANAGEMENT. 
Section 1420 of the Safe Drinking Water Act (42 U.S.C. 300g– 
9) is amended— 
(1) in subsection (c)(2)— 
(A) in subparagraph (D), by striking ‘‘; and’’ and 
inserting a semicolon; 
(B) in subparagraph (E), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new subpara-
graph: 
Summary. 
Deadline. 
Coordination. 
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132 STAT. 3850 
PUBLIC LAW 115–270—OCT. 23, 2018 
‘‘(F) a description of how the State will, as appro-
priate— 
‘‘(i) encourage development by public water sys-
tems of asset management plans that include best 
practices for asset management; and 
‘‘(ii) assist, including through the provision of tech-
nical assistance, public water systems in training 
operators or other relevant and appropriate persons 
in implementing such asset management plans.’’; 
(2) in subsection (c)(3), by inserting ‘‘, including efforts 
of the State to encourage development by public water systems 
of asset management plans and to assist public water systems 
in training relevant and appropriate persons in implementing 
such asset management plans’’ after ‘‘public water systems 
in the State’’; and 
(3) in subsection (d), by adding at the end the following 
new paragraph: 
‘‘(5) INFORMATION ON ASSET MANAGEMENT PRACTICES.—Not 
later than 5 years after the date of enactment of this paragraph, 
and not less often than every 5 years thereafter, the Adminis-
trator shall review and, if appropriate, update educational 
materials, including handbooks, training materials, and tech-
nical information, made available by the Administrator to 
owners, managers, and operators of public water systems, local 
officials, technical assistance providers (including nonprofit 
water associations), and State personnel concerning best prac-
tices for asset management strategies that may be used by 
public water systems.’’. 
SEC. 2013. COMMUNITY WATER SYSTEM RISK AND RESILIENCE. 
(a) IN GENERAL.—Section 1433 of the Safe Drinking Water 
Act (42 U.S.C. 300i–2) is amended to read as follows: 
‘‘SEC. 1433. COMMUNITY WATER SYSTEM RISK AND RESILIENCE. 
‘‘(a) RISK AND RESILIENCE ASSESSMENTS.— 
‘‘(1) IN GENERAL.—Each community water system serving 
a population of greater than 3,300 persons shall conduct an 
assessment of the risks to, and resilience of, its system. Such 
an assessment— 
‘‘(A) shall include an assessment of— 
‘‘(i) the risk to the system from malevolent acts 
and natural hazards; 
‘‘(ii) the resilience of the pipes and constructed 
conveyances, physical barriers, source water, water 
collection and intake, pretreatment, treatment, storage 
and distribution facilities, electronic, computer, or 
other automated systems (including the security of 
such systems) which are utilized by the system; 
‘‘(iii) the monitoring practices of the system; 
‘‘(iv) the financial infrastructure of the system; 
‘‘(v) the use, storage, or handling of various chemi-
cals by the system; and 
‘‘(vi) the operation and maintenance of the system; 
and 
‘‘(B) may include an evaluation of capital and oper-
ational needs for risk and resilience management for the 
system. 
Deadline. 
Review. 
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132 STAT. 3851 
PUBLIC LAW 115–270—OCT. 23, 2018 
‘‘(2) BASELINE INFORMATION.—The Administrator, not later 
than August 1, 2019, after consultation with appropriate 
departments and agencies of the Federal Government and with 
State and local governments, shall provide baseline information 
on malevolent acts of relevance to community water systems, 
which shall include consideration of acts that may— 
‘‘(A) substantially disrupt the ability of the system 
to provide a safe and reliable supply of drinking water; 
or 
‘‘(B) otherwise present significant public health or eco-
nomic concerns to the community served by the system. 
‘‘(3) CERTIFICATION.— 
‘‘(A) CERTIFICATION.—Each community water system 
described in paragraph (1) shall submit to the Adminis-
trator a certification that the system has conducted an 
assessment complying with paragraph (1). Such certifi-
cation shall be made prior to— 
‘‘(i) March 31, 2020, in the case of systems serving 
a population of 100,000 or more; 
‘‘(ii) December 31, 2020, in the case of systems 
serving a population of 50,000 or more but less than 
100,000; and 
‘‘(iii) June 30, 2021, in the case of systems serving 
a population greater than 3,300 but less than 50,000. 
‘‘(B) REVIEW AND REVISION.—Each community water 
system described in paragraph (1) shall review the assess-
ment of such system conducted under such paragraph at 
least once every 5 years after the applicable deadline for 
submission of its certification under subparagraph (A) to 
determine whether such assessment should be revised. 
Upon completion of such a review, the community water 
system shall submit to the Administrator a certification 
that the system has reviewed its assessment and, if 
applicable, revised such assessment. 
‘‘(4) CONTENTS OF CERTIFICATIONS.—A certification required 
under paragraph (3) shall contain only— 
‘‘(A) information that identifies the community water 
system submitting the certification; 
‘‘(B) the date of the certification; and 
‘‘(C) a statement that the community water system 
has conducted, reviewed, or revised the assessment, as 
applicable. 
‘‘(5) PROVISION TO OTHER ENTITIES.—No community water 
system shall be required under State or local law to provide 
an assessment described in this section (or revision thereof) 
to any State, regional, or local governmental entity solely by 
reason of the requirement set forth in paragraph (3) that the 
system submit a certification to the Administrator. 
‘‘(b) EMERGENCY RESPONSE PLAN.—Each community water 
system serving a population greater than 3,300 shall prepare or 
revise, where necessary, an emergency response plan that incor-
porates findings of the assessment conducted under subsection (a) 
for such system (and any revisions thereto). Each community water 
system shall certify to the Administrator, as soon as reasonably 
possible after the date of enactment of America’s Water Infrastruc-
ture Act of 2018, but not later than 6 months after completion 
Certification. 
Deadline. 
Time period. 
Determination. 
Deadline. 
Consultation. 
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132 STAT. 3852 
PUBLIC LAW 115–270—OCT. 23, 2018 
of the assessment under subsection (a), that the system has com-
pleted such plan. The emergency response plan shall include— 
‘‘(1) strategies and resources to improve the resilience of 
the system, including the physical security and cybersecurity 
of the system; 
‘‘(2) plans and procedures that can be implemented, and 
identification of equipment that can be utilized, in the event 
of a malevolent act or natural hazard that threatens the ability 
of the community water system to deliver safe drinking water; 
‘‘(3) actions, procedures, and equipment which can obviate 
or significantly lessen the impact of a malevolent act or natural 
hazard on the public health and the safety and supply of 
drinking water provided to communities and individuals, 
including the development of alternative source water options, 
relocation of water intakes, and construction of flood protection 
barriers; and 
‘‘(4) strategies that can be used to aid in the detection 
of malevolent acts or natural hazards that threaten the security 
or resilience of the system. 
‘‘(c) COORDINATION.—Community water systems shall, to the 
extent possible, coordinate with existing local emergency planning 
committees established pursuant to the Emergency Planning and 
Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.) 
when preparing or revising an assessment or emergency response 
plan under this section. 
‘‘(d) RECORD MAINTENANCE.—Each community water system 
shall maintain a copy of the assessment conducted under subsection 
(a) and the emergency response plan prepared under subsection 
(b) (including any revised assessment or plan) for 5 years after 
the date on which a certification of such assessment or plan is 
submitted to the Administrator under this section. 
‘‘(e) GUIDANCE
TO
SMALL
PUBLIC
WATER
SYSTEMS.—The 
Administrator shall provide guidance and technical assistance to 
community water systems serving a population of less than 3,300 
persons on how to conduct resilience assessments, prepare emer-
gency response plans, and address threats from malevolent acts 
and natural hazards that threaten to disrupt the provision of safe 
drinking water or significantly affect the public health or signifi-
cantly affect the safety or supply of drinking water provided to 
communities and individuals. 
‘‘(f) ALTERNATIVE PREPAREDNESS AND OPERATIONAL RESILIENCE 
PROGRAMS.— 
‘‘(1) SATISFACTION OF REQUIREMENT.—A community water 
system that is required to comply with the requirements of 
subsections (a) and (b) may satisfy such requirements by— 
‘‘(A) using and complying with technical standards that 
the Administrator has recognized under paragraph (2); and 
‘‘(B) submitting to the Administrator a certification 
that the community water system is complying with 
subparagraph (A). 
‘‘(2) AUTHORITY
TO
RECOGNIZE.—Consistent with section 
12(d) of the National Technology Transfer and Advancement 
Act of 1995, the Administrator shall recognize technical stand-
ards that are developed or adopted by third-party organizations 
or voluntary consensus standards bodies that carry out the 
objectives or activities required by this section as a means 
of satisfying the requirements under subsection (a) or (b). 
Certification. 
Time period. 
Strategies. 
Procedures. 
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132 STAT. 3853 
PUBLIC LAW 115–270—OCT. 23, 2018 
‘‘(g) TECHNICAL ASSISTANCE AND GRANTS.— 
‘‘(1) IN GENERAL.—The Administrator shall establish and 
implement a program, to be known as the Drinking Water 
Infrastructure Risk and Resilience Program, under which the 
Administrator may award grants in each of fiscal years 2020 
and 2021 to owners or operators of community water systems 
for the purpose of increasing the resilience of such community 
water systems. 
‘‘(2) USE OF FUNDS.—As a condition on receipt of a grant 
under this section, an owner or operator of a community water 
system shall agree to use the grant funds exclusively to assist 
in the planning, design, construction, or implementation of 
a program or project consistent with an emergency response 
plan prepared pursuant to subsection (b), which may include— 
‘‘(A) the purchase and installation of equipment for 
detection of drinking water contaminants or malevolent 
acts; 
‘‘(B) the purchase and installation of fencing, gating, 
lighting, or security cameras; 
‘‘(C) the tamper-proofing of manhole covers, fire 
hydrants, and valve boxes; 
‘‘(D) the purchase and installation of improved treat-
ment technologies and equipment to improve the resilience 
of the system; 
‘‘(E) improvements to electronic, computer, financial, 
or other automated systems and remote systems; 
‘‘(F) participation in training programs, and the pur-
chase of training manuals and guidance materials, relating 
to security and resilience; 
‘‘(G) improvements in the use, storage, or handling 
of chemicals by the community water system; 
‘‘(H) security screening of employees or contractor sup-
port services; 
‘‘(I) equipment necessary to support emergency power 
or water supply, including standby and mobile sources; 
and 
‘‘(J) the development of alternative source water 
options, relocation of water intakes, and construction of 
flood protection barriers. 
‘‘(3) EXCLUSIONS.—A grant under this subsection may not 
be used for personnel costs, or for monitoring, operation, or 
maintenance of facilities, equipment, or systems. 
‘‘(4) TECHNICAL
ASSISTANCE.—For each fiscal year, the 
Administrator may use not more than $5,000,000 from the 
funds made available to carry out this subsection to provide 
technical assistance to community water systems to assist in 
responding to and alleviating a vulnerability that would 
substantially disrupt the ability of the system to provide a 
safe and reliable supply of drinking water (including sources 
of water for such systems) which the Administrator determines 
to present an immediate and urgent need. 
‘‘(5) GRANTS FOR SMALL SYSTEMS.—For each fiscal year, 
the Administrator may use not more than $10,000,000 from 
the funds made available to carry out this subsection to make 
grants to community water systems serving a population of 
less than 3,300 persons, or nonprofit organizations receiving 
assistance under section 1442(e), for activities and projects 
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132 STAT. 3854 
PUBLIC LAW 115–270—OCT. 23, 2018 
undertaken in accordance with the guidance provided to such 
systems under subsection (e) of this section. 
‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—To carry out this 
subsection, there are authorized to be appropriated $25,000,000 
for each of fiscal years 2020 and 2021. 
‘‘(h) DEFINITIONS.—In this section— 
‘‘(1) the term ‘resilience’ means the ability of a community 
water system or an asset of a community water system to 
adapt to or withstand the effects of a malevolent act or natural 
hazard without interruption to the asset’s or system’s function, 
or if the function is interrupted, to rapidly return to a normal 
operating condition; and 
‘‘(2) the term ‘natural hazard’ means a natural event that 
threatens the functioning of a community water system, 
including an earthquake, tornado, flood, hurricane, wildfire, 
and hydrologic changes.’’. 
(b) SENSITIVE INFORMATION.— 
(1) PROTECTION FROM DISCLOSURE.—Information submitted 
to the Administrator of the Environmental Protection Agency 
pursuant to section 1433 of the Safe Drinking Water Act, as 
in effect on the day before the date of enactment of America’s 
Water Infrastructure Act of 2018, shall be protected from disclo-
sure in accordance with the provisions of such section as in 
effect on such day. 
(2) DISPOSAL.—The Administrator, in partnership with 
community water systems (as defined in section 1401 of the 
Safe Drinking Water Act), shall develop a strategy to, in a 
timeframe determined appropriate by the Administrator, 
securely and permanently dispose of, or return to the applicable 
community water system, any information described in para-
graph (1). 
SEC. 2014. AUTHORIZATION FOR GRANTS FOR STATE PROGRAMS. 
Section 1443(a)(7) of the Safe Drinking Water Act (42 U.S.C. 
300j–2(a)(7)) is amended by striking ‘‘$100,000,000 for each of fiscal 
years 1997 through 2003’’ and inserting ‘‘$125,000,000 for each 
of fiscal years 2020 and 2021’’. 
SEC. 2015. STATE REVOLVING LOAN FUNDS. 
(a) USE OF FUNDS.—Section 1452(a)(2)(B) of the Safe Drinking 
Water Act (42 U.S.C. 300j–12(a)(2)(B)) is amended by striking 
‘‘(including expenditures for planning, design, and associated 
preconstruction activities, including activities relating to the siting 
of the facility, but not’’ and inserting ‘‘(including expenditures for 
planning, design, siting, and associated preconstruction activities, 
or for replacing or rehabilitating aging treatment, storage, or dis-
tribution facilities of public water systems, but not’’. 
(b) PREVAILING WAGES.—Section 1452(a) of the Safe Drinking 
Water Act (42 U.S.C. 300j–12(a)) is further amended by adding 
at the end the following: 
‘‘(5) PREVAILING
WAGES.—The requirements of section 
1450(e) shall apply to any construction project carried out in 
whole or in part with assistance made available by a State 
loan fund.’’. 
(c) ASSISTANCE
FOR DISADVANTAGED COMMUNITIES.—Section 
1452(d)(2) of the Safe Drinking Water Act (42 U.S.C. 300j–12(d)(2)) 
is amended to read as follows: 
Applicability. 
Strategy. 
Timeframe. 
42 USC 300i–2 
note. 
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PUBLIC LAW 115–270—OCT. 23, 2018 
‘‘(2) TOTAL AMOUNT OF SUBSIDIES.—For each fiscal year, 
of the amount of the capitalization grant received by the State 
for the year, the total amount of loan subsidies made by a 
State pursuant to paragraph (1)— 
‘‘(A) may not exceed 35 percent; and 
‘‘(B) to the extent that there are sufficient applications 
for loans to communities described in paragraph (1), may 
not be less than 6 percent.’’. 
(d) TYPES
OF
ASSISTANCE.—Section 1452(f)(1) of the Safe 
Drinking Water Act (42 U.S.C. 300j–12(f)(1)) is amended— 
(1) by redesignating subparagraphs (C) and (D) as subpara-
graphs (D) and (E), respectively; 
(2) by inserting after subparagraph (B) the following new 
subparagraph: 
‘‘(C) each loan will be fully amortized not later than 
30 years after the completion of the project, except that 
in the case of a disadvantaged community (as defined in 
subsection (d)(3)) a State may provide an extended term 
for a loan, if the extended term— 
‘‘(i) terminates not later than the date that is 
40 years after the date of project completion; and 
‘‘(ii) does not exceed the expected design life of 
the project;’’; and 
(3) in subparagraph (B), by striking ‘‘1 year after completion 
of the project for which the loan was made’’ and all that 
follows through ‘‘design life of the project;’’ and inserting ‘‘18 
months after completion of the project for which the loan was 
made;’’. 
(e) NEEDS SURVEY.—Section 1452(h) of the Safe Drinking Water 
Act (42 U.S.C. 300j–12(h)) is amended— 
(1) by striking ‘‘The Administrator’’ and inserting ‘‘(1) The 
Administrator’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) Any assessment conducted under paragraph (1) after the 
date of enactment of America’s Water Infrastructure Act of 2018 
shall include an assessment of costs to replace all lead service 
lines (as defined in section 1459B(a)(4)) of all eligible public water 
systems in the United States, and such assessment shall describe 
separately the costs associated with replacing the portions of such 
lead service lines that are owned by an eligible public water system 
and the costs associated with replacing any remaining portions 
of such lead service lines, to the extent practicable.’’. 
(f) OTHER AUTHORIZED ACTIVITIES.—Section 1452(k)(1)(C) of 
the Safe Drinking Water Act (42 U.S.C. 300j–12(k)(1)(C)) is 
amended by striking ‘‘for fiscal years 1996 and 1997 to delineate 
and assess source water protection areas in accordance with section 
1453’’ and inserting ‘‘to delineate, assess, and update assessments 
for source water protection areas in accordance with section 1453’’. 
(g) BEST PRACTICES FOR ADMINISTRATION OF STATE REVOLVING 
LOAN FUNDS.—Section 1452 of the Safe Drinking Water Act (42 
U.S.C. 300j–12) is amended by adding after subsection (r) the 
following: 
‘‘(s) BEST PRACTICES FOR STATE LOAN FUND ADMINISTRATION.— 
The Administrator shall— 
‘‘(1) collect information from States on administration of 
State loan funds established pursuant to subsection (a)(1), 
including— 
Deadlines. 
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PUBLIC LAW 115–270—OCT. 23, 2018 
‘‘(A) efforts to streamline the process for applying for 
assistance through such State loan funds; 
‘‘(B) programs in place to assist with the completion 
of applications for assistance through such State loan 
funds; 
‘‘(C) incentives provided to public water systems that 
partner with small public water systems to assist with 
the application process for assistance through such State 
loan funds; 
‘‘(D) practices to ensure that amounts in such State 
loan funds are used to provide loans, loan guarantees, 
or other authorized assistance in a timely fashion; 
‘‘(E) practices that support effective management of 
such State loan funds; 
‘‘(F) practices and tools to enhance financial manage-
ment of such State loan funds; and 
‘‘(G) key financial measures for use in evaluating State 
loan fund operations, including— 
‘‘(i) measures of lending capacity, such as current 
assets and current liabilities or undisbursed loan 
assistance liability; and 
‘‘(ii) measures of growth or sustainability, such 
as return on net interest; 
‘‘(2) not later than 3 years after the date of enactment 
of America’s Water Infrastructure Act of 2018, disseminate 
to the States best practices for administration of such State 
loan funds, based on the information collected pursuant to 
this subsection; and 
‘‘(3) periodically update such best practices, as appro-
priate.’’. 
SEC. 2016. AUTHORIZATION FOR SOURCE WATER PETITION PRO-
GRAMS. 
Section 1454(e) of the Safe Drinking Water Act (42 U.S.C. 
300j–14(e)) is amended by striking ‘‘1997 through 2003’’ and 
inserting ‘‘2020 through 2021’’. 
SEC. 2017. REVIEW OF TECHNOLOGIES. 
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et 
seq.) is further amended by adding at the end the following new 
section: 
‘‘SEC. 1459D. REVIEW OF TECHNOLOGIES. 
‘‘(a) REVIEW.—The Administrator, after consultation with appro-
priate departments and agencies of the Federal Government and 
with State and local governments, shall review (or enter into con-
tracts or cooperative agreements to provide for a review of) existing 
and potential methods, means, equipment, and technologies 
(including review of cost, availability, and efficacy of such methods, 
means, equipment, and technologies) that— 
‘‘(1) ensure the physical integrity of community water sys-
tems; 
‘‘(2) prevent, detect, and respond to any contaminant for 
which a national primary drinking water regulation has been 
promulgated in community water systems and source water 
for community water systems; 
‘‘(3) allow for use of alternate drinking water supplies from 
nontraditional sources; and 
42 USC 
300j–19d. 
Consultation. 
Deadline. 
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PUBLIC LAW 115–270—OCT. 23, 2018 
‘‘(4) facilitate source water assessment and protection. 
‘‘(b) INCLUSIONS.—The review under subsection (a) shall include 
review of methods, means, equipment, and technologies— 
‘‘(1) that are used for corrosion protection, metering, leak 
detection, or protection against water loss; 
‘‘(2) that are intelligent systems, including hardware, soft-
ware, or other technology, used to assist in protection and 
detection described in paragraph (1); 
‘‘(3) that are point-of-use devices or point-of-entry devices; 
‘‘(4) that are physical or electronic systems that monitor, 
or assist in monitoring, contaminants in drinking water in 
real-time; and 
‘‘(5) that allow for the use of nontraditional sources for 
drinking water, including physical separation and chemical and 
biological transformation technologies. 
‘‘(c) AVAILABILITY.—The Administrator shall make the results 
of the review under subsection (a) available to the public. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Administrator to carry out this section 
$10,000,000 for fiscal year 2019, which shall remain available until 
expended.’’. 
SEC. 2018. SOURCE WATER. 
(a) ADDRESSING SOURCE WATER USED FOR DRINKING WATER.— 
Section 304 of the Emergency Planning and Community Right- 
To-Know Act of 1986 (42 U.S.C. 11004) is amended— 
(1) in subsection (b)(1), by striking ‘‘State emergency plan-
ning commission’’ and inserting ‘‘State emergency response 
commission’’; and 
(2) by adding at the end the following new subsection: 
‘‘(e) ADDRESSING SOURCE WATER USED FOR DRINKING WATER.— 
‘‘(1) APPLICABLE
STATE
AGENCY
NOTIFICATION.—A State 
emergency response commission shall— 
‘‘(A) promptly notify the applicable State agency of 
any release that requires notice under subsection (a); 
‘‘(B) provide to the applicable State agency the informa-
tion identified in subsection (b)(2); and 
‘‘(C) provide to the applicable State agency a written 
followup emergency notice in accordance with subsection 
(c). 
‘‘(2) COMMUNITY WATER SYSTEM NOTIFICATION.— 
‘‘(A) IN GENERAL.—An applicable State agency receiving 
notice of a release under paragraph (1) shall— 
‘‘(i) promptly forward such notice to any commu-
nity water system the source waters of which are 
affected by the release; 
‘‘(ii) forward to the community water system the 
information provided under paragraph (1)(B); and 
‘‘(iii) forward to the community water system the 
written followup emergency notice provided under 
paragraph (1)(C). 
‘‘(B) DIRECT NOTIFICATION.—In the case of a State that 
does not have an applicable State agency, the State emer-
gency response commission shall provide the notices and 
information described in paragraph (1) directly to any 
community water system the source waters of which are 
Public 
information. 
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132 STAT. 3858 
PUBLIC LAW 115–270—OCT. 23, 2018 
affected by a release that requires notice under subsection 
(a). 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) COMMUNITY WATER SYSTEM.—The term ‘commu-
nity water system’ has the meaning given such term in 
section 1401(15) of the Safe Drinking Water Act. 
‘‘(B) APPLICABLE STATE AGENCY.—The term ‘applicable 
State agency’ means the State agency that has primary 
responsibility to enforce the requirements of the Safe 
Drinking Water Act in the State.’’. 
(b) AVAILABILITY
TO COMMUNITY WATER SYSTEMS.—Section 
312(e) of the Emergency Planning and Community Right-To-Know 
Act of 1986 (42 U.S.C. 11022(e)) is amended— 
(1) in paragraph (1), by striking ‘‘State emergency planning 
commission’’ and inserting ‘‘State emergency response commis-
sion’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(4) AVAILABILITY TO COMMUNITY WATER SYSTEMS.— 
‘‘(A) IN
GENERAL.—An affected community water 
system may have access to tier II information by submitting 
a request to the State emergency response commission 
or the local emergency planning committee. Upon receipt 
of a request for tier II information, the State commission 
or local committee shall, pursuant to paragraph (1), request 
the facility owner or operator for the tier II information 
and make available such information to the affected 
community water system. 
‘‘(B) DEFINITION.—In this paragraph, the term ‘affected 
community water system’ means a community water 
system (as defined in section 1401(15) of the Safe Drinking 
Water Act) that receives supplies of drinking water from 
a source water area, delineated under section 1453 of the 
Safe Drinking Water Act, in which a facility that is required 
to prepare and submit an inventory form under subsection 
(a)(1) is located.’’. 
SEC. 2019. REPORT ON FEDERAL CROSS-CUTTING REQUIREMENTS. 
(a) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Comptroller General shall submit to Congress a 
report containing the results of a study, to be conducted in consulta-
tion with the Administrator of the Environmental Protection 
Agency, any State agency that has primary responsibility to enforce 
the requirements of the Safe Drinking Water Act (42 U.S.C. 300f 
et seq.) in a State, and public water systems, to identify demonstra-
tions of compliance with a State or local environmental law that 
may be substantially equivalent to any demonstration required 
by the Administrator for compliance with a Federal cross-cutting 
requirement. 
(b) DEFINITIONS.—In this subsection: 
(1) FEDERAL
CROSS-CUTTING
REQUIREMENT.—The term 
‘‘Federal cross-cutting requirement’’ means a requirement of 
a Federal law or regulation, compliance with which is a condi-
tion on receipt of a loan or loan guarantee pursuant to section 
1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12), 
that, if applied with respect to projects and activities for which 
a public water system receives such a loan or loan guarantee, 
Study. 
Consultation. 
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132 STAT. 3859 
PUBLIC LAW 115–270—OCT. 23, 2018 
would be substantially equivalent to a requirement of an 
applicable State or local law. 
(2) PUBLIC WATER SYSTEM.—The term ‘‘public water system’’ 
has the meaning given that term in section 1401 of the Safe 
Drinking Water Act (42 U.S.C. 300f). 
SEC. 2020. ASSISTANCE FOR AREAS AFFECTED BY NATURAL DISAS-
TERS. 
(a) DEFINITIONS.—In this section: 
(1) COMMUNITY
WATER
SYSTEM.—The term ‘‘community 
water system’’ has the meaning given such term in section 
1401(15) of the Safe Drinking Water Act (42 U.S.C. 300f(15)). 
(2) ELIGIBLE STATE.—The term ‘‘eligible State’’ means a 
State, as defined in section 1401(13)(B) of the Safe Drinking 
Water Act (42 U.S.C. 300f(13)(B)). 
(3) ELIGIBLE SYSTEM.—The term ‘‘eligible system’’ means 
a community water system— 
(A) that serves an area for which, after January 1, 
2017, the President under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.)— 
(i) has issued a major disaster declaration; and 
(ii) provided disaster assistance; or 
(B) that is capable of extending its potable drinking 
water service into an underserved area. 
(4) NATIONAL PRIMARY DRINKING WATER REGULATION.—The 
term ‘‘national primary drinking water regulation’’ means a 
national primary drinking water regulation under section 1412 
of the Safe Drinking Water Act (42 U.S.C. 300g–1). 
(5) UNDERSERVED
AREA.—The term ‘‘underserved area’’ 
means a geographic area in an eligible State that— 
(A) is served by a community water system serving 
fewer than 50,000 persons where delivery of, or access 
to, potable water is or was disrupted; and 
(B) received disaster assistance pursuant to a declara-
tion described in paragraph (3)(A). 
(b) STATE REVOLVING LOAN FUND ASSISTANCE.— 
(1) IN GENERAL.—An eligible State may use funds provided 
pursuant to subsection (e)(1) to provide assistance to an eligible 
system within the eligible State for the purpose of restoring 
or increasing compliance with national primary drinking water 
regulations in an underserved area. 
(2) INCLUSION.— 
(A) ADDITIONAL SUBSIDIZATION.—With respect to assist-
ance provided under paragraph (1), an eligible system shall 
be eligible to receive loans with additional subsidization 
(including forgiveness of principal, negative-interest loans, 
or grants (or any combination thereof)) for the purpose 
described in paragraph (1). 
(B) 
NONDESIGNATION.—Assistance 
provided 
under 
paragraph (1) may include additional subsidization, as 
described in subparagraph (A), even if the service area 
of the eligible system has not been designated by the 
applicable eligible State as a disadvantaged community 
pursuant to section 1452(d)(3) of the Safe Drinking Water 
Act (42 U.S.C. 300j–12(d)(3)). 
42 USC 300j–12 
note. 
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132 STAT. 3860 
PUBLIC LAW 115–270—OCT. 23, 2018 
(c) EXCLUSION.—Assistance provided under this section shall 
not include assistance for a project that is financed (directly or 
indirectly), in whole or in part, with proceeds of any obligation 
issued after the date of enactment of this Act the interest of which 
is exempt from the tax imposed under chapter 1 of the Internal 
Revenue Code of 1986. 
(d) NONDUPLICATION OF WORK.—An activity carried out pursu-
ant to this section shall not duplicate the work or activity of 
any other Federal or State department or agency. 
(e) ADDITIONAL DRINKING WATER STATE REVOLVING FUND 
CAPITALIZATION GRANTS.— 
(1) IN GENERAL.—There is authorized to be appropriated 
to the Administrator of the Environmental Protection Agency 
$100,000,000 to provide additional capitalization grants pursu-
ant to section 1452 of the Safe Drinking Water Act (42 U.S.C. 
300j–12) to eligible States, to be available— 
(A) for a period of 24 months beginning on the date 
on which the funds are made available for the purpose 
described in subsection (b)(1); and 
(B) after the end of such 24-month period, until 
expended for the purpose described in paragraph (3) of 
this subsection. 
(2) SUPPLEMENTED INTENDED USE PLANS.— 
(A) OBLIGATION OF AMOUNTS.—Not later than 30 days 
after the date on which an eligible State submits to the 
Administrator a supplemental intended use plan under 
section 1452(b) of the Safe Drinking Water Act (42 U.S.C. 
300j–12(b)), from funds made available under paragraph 
(1), the Administrator shall obligate to such eligible State 
such amounts as are appropriate to address the needs 
identified in such supplemental intended use plan for the 
purpose described in subsection (b)(1). 
(B) 
PLANS.—A 
supplemental 
intended 
use 
plan 
described in subparagraph (A) shall include information 
regarding projects to be funded using the assistance pro-
vided under subsection (b)(1), including, with respect to 
each such project— 
(i) a description of the project; 
(ii) an explanation of the means by which the 
project will restore or improve compliance with 
national primary drinking water regulations in an 
underserved area; 
(iii) the estimated cost of the project; and 
(iv) the projected start date for the project. 
(3) UNOBLIGATED AMOUNTS.—Any amounts made available 
to the Administrator under paragraph (1) that are unobligated 
on the date that is 24 months after the date on which the 
amounts are made available shall be available for the purpose 
of providing additional grants to States to capitalize State 
loan funds as provided under section 1452 of the Safe Drinking 
Water Act (42 U.S.C. 300j–12). 
(4) APPLICABILITY.— 
(A) IN GENERAL.—Except as otherwise provided in this 
section, all requirements of the Safe Drinking Water Act 
(42 U.S.C. 300f et seq.) shall apply to funding provided 
under this section. 
Cost estimate. 
Deadline. 
Time periods. 
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132 STAT. 3861 
PUBLIC LAW 115–270—OCT. 23, 2018 
(B) INTENDED USE PLANS.—Section 1452(b)(1) of the 
Safe Drinking Water Act (42 U.S.C. 300j–12(b)(1)) shall 
not apply to a supplemental intended use plan under para-
graph (2). 
(C) STATE CONTRIBUTION.—For amounts authorized to 
be appropriated under paragraph (1), the matching require-
ments in section 1452(e) of the Safe Drinking Water Act 
(42 U.S.C. 300j–12(e)) shall not apply to any funds provided 
to the Commonwealth of Puerto Rico under this section. 
SEC. 2021. MONITORING FOR UNREGULATED CONTAMINANTS. 
(a) IN GENERAL.—Section 1445 of the Safe Drinking Water 
Act (42 U.S.C. 300j–4) is amended by adding at the end the fol-
lowing: 
‘‘(j) MONITORING BY CERTAIN SYSTEMS.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection (a)(2)(A), the 
Administrator shall, subject to the availability of appropriations 
for such purpose— 
‘‘(A) require public water systems serving between 
3,300 and 10,000 persons to monitor for unregulated 
contaminants in accordance with this section; and 
‘‘(B) ensure that only a representative sample of public 
water systems serving fewer than 3,300 persons are 
required to monitor. 
‘‘(2) EFFECTIVE DATE.—Paragraph (1) shall take effect 3 
years after the date of enactment of this subsection. 
‘‘(3) LIMITATION.—Paragraph (1) shall take effect unless 
the Administrator determines that there is not sufficient labora-
tory capacity to accommodate the analysis necessary to carry 
out monitoring required under such paragraph. 
‘‘(4) LIMITATION
ON
ENFORCEMENT.—The Administrator 
may not enforce a requirement to monitor pursuant to para-
graph (1) with respect to any public water system serving 
fewer than 3,300 persons, including by subjecting such a public 
water system to any civil penalty. 
‘‘(5) 
AUTHORIZATION
OF
APPROPRIATIONS.—There 
are 
authorized to be appropriated $15,000,000 in each fiscal year 
for which monitoring is required to be carried out under this 
subsection for the Administrator to pay the reasonable cost 
of such testing and laboratory analysis as are necessary to 
carry out monitoring required under this subsection.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 1445(a)(2)(H) 
of the Safe Drinking Water Act (42 U.S.C. 300j–4(a)(2)(H)) is 
amended by striking ‘‘1997 through 2003’’ and inserting ‘‘2019 
through 2021’’. 
(c) INCLUSION IN DATA BASE.—Section 1445(g)(7) of the Safe 
Drinking Water Act (42 U.S.C. 300j–4(g)(7)) is amended by— 
(1) striking ‘‘and’’ at the end of subparagraph (B); 
(2) redesignating subparagraph (C) as subparagraph (D); 
and 
(3) inserting after subparagraph (B) the following: 
‘‘(C) if applicable, monitoring information collected by 
public water systems pursuant to subsection (j) that is 
not duplicative of monitoring information included in the 
data base under subparagraph (B) or (D); and’’. 
Determination. 
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PUBLIC LAW 115–270—OCT. 23, 2018 
SEC. 2022. AMERICAN IRON AND STEEL PRODUCTS. 
Section 1452(a)(4)(A) of the Safe Drinking Water Act (42 U.S.C. 
300j–12(a)(4)(A)) is amended by striking ‘‘fiscal year 2017’’ and 
inserting ‘‘fiscal years 2019 through 2023’’. 
SEC. 2023. AUTHORIZATION FOR CAPITALIZATION GRANTS TO STATES 
FOR STATE DRINKING WATER TREATMENT REVOLVING 
LOAN FUNDS. 
Section 1452(m) of the Safe Drinking Water Act (42 U.S.C. 
300j–12(m)) is amended— 
(1) by striking the first sentence and inserting the fol-
lowing: 
‘‘(1) There are authorized to be appropriated to carry out 
the purposes of this section— 
‘‘(A) $1,174,000,000 for fiscal year 2019; 
‘‘(B) $1,300,000,000 for fiscal year 2020; and 
‘‘(C) $1,950,000,000 for fiscal year 2021.’’; 
(2) by striking ‘‘To the extent amounts authorized to be’’ 
and inserting the following: 
‘‘(2) To the extent amounts authorized to be’’; and 
(3) by striking ‘‘(prior to the fiscal year 2004)’’. 
TITLE III—ENERGY 
SEC. 3001. MODERNIZING AUTHORIZATIONS FOR NECESSARY HYDRO-
POWER APPROVALS. 
(a) PRELIMINARY PERMITS.—Section 5 of the Federal Power 
Act (16 U.S.C. 798) is amended— 
(1) in subsection (a), by striking ‘‘three’’ and inserting ‘‘4’’; 
and 
(2) in subsection (b)— 
(A) by striking ‘‘Commission may extend the period 
of a preliminary permit once for not more than 2 additional 
years beyond the 3 years’’ and inserting the following: 
‘‘Commission may— 
‘‘(1) extend the period of a preliminary permit once for 
not more than 4 additional years beyond the 4 years’’; 
(B) by striking the period at the end and inserting 
‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(2) after the end of an extension period granted under 
paragraph (1), issue an additional permit to the permittee 
if the Commission determines that there are extraordinary 
circumstances that warrant the issuance of the additional 
permit.’’. 
(b) TIME LIMIT FOR CONSTRUCTION OF PROJECT WORKS.—Sec-
tion 13 of the Federal Power Act (16 U.S.C. 806) is amended 
in the second sentence by striking ‘‘once but not longer than two 
additional years’’ and inserting ‘‘for not more than 8 additional 
years,’’. 
(c) OBLIGATION
FOR PAYMENT
OF ANNUAL CHARGES.—Any 
obligation of a licensee or exemptee for the payment of annual 
charges under section 10(e) of the Federal Power Act (16 U.S.C. 
803(e)) for a project that has not commenced construction as of 
the date of enactment of this Act shall commence not earlier than 
the latest of— 
16 USC 803 note. 
Extensions. 
Time periods. 
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132 STAT. 3863 
PUBLIC LAW 115–270—OCT. 23, 2018 
(1) the date by which the licensee or exemptee is required 
to commence construction; or 
(2) the date of any extension of the deadline under para-
graph (1). 
SEC. 3002. QUALIFYING CONDUIT HYDROPOWER FACILITIES. 
Section 30(a) of the Federal Power Act (16 U.S.C. 823a(a)) 
is amended— 
(1) in paragraph (2)(C), by striking ‘‘45 days’’ and inserting 
‘‘30 days’’; and 
(2) in paragraph (3)(C)(ii), by striking ‘‘5’’ and inserting 
‘‘40’’. 
SEC. 3003. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING 
NONPOWERED DAMS. 
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 34. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING 
NONPOWERED DAMS. 
‘‘(a) EXPEDITED LICENSING PROCESS FOR NON-FEDERAL HYDRO-
POWER PROJECTS AT EXISTING NONPOWERED DAMS.— 
‘‘(1) IN GENERAL.—As provided in this section, the Commis-
sion may issue and amend licenses, as appropriate, for any 
facility the Commission determines is a qualifying facility. 
‘‘(2) RULE.—Not later than 180 days after the date of enact-
ment of this section, the Commission shall issue a rule estab-
lishing an expedited process for issuing and amending licenses 
for qualifying facilities under this section. 
‘‘(3) INTERAGENCY TASK FORCE.— 
‘‘(A) In establishing the expedited process under this 
section, the Commission shall convene an interagency task 
force, with appropriate Federal and State agencies and 
Indian tribes represented, to coordinate the regulatory proc-
esses associated with the authorizations required to con-
struct and operate a qualifying facility. 
‘‘(B) The task force shall develop procedures that are 
consistent with subsection (e)(1)(E) to seek to ensure that, 
for projects licensed pursuant to this section, the Commis-
sion and appropriate Federal and State agencies and Indian 
tribes shall exercise their authorities in a manner that, 
to the extent practicable, will not result in any material 
change to the storage, release, or flow operations of the 
associated nonpowered dam existing at the time an 
applicant files its license application. 
‘‘(4) LENGTH OF PROCESS.—The Commission shall seek to 
ensure that the expedited process under this section will result 
in a final decision on an application for a license by not later 
than 2 years after receipt of a completed application for the 
license. 
‘‘(b) DAM SAFETY.— 
‘‘(1) ASSESSMENT.—Before issuing any license for a quali-
fying facility, the Commission shall assess the safety of existing 
non-Federal dams and other non-Federal structures related 
to the qualifying facility (including possible consequences asso-
ciated with failure of such structures). 
‘‘(2) REQUIREMENTS.—In issuing any license for a qualifying 
facility at a non-Federal dam, the Commission shall ensure 
Procedures. 
Coordination. 
Deadline. 
Regulations. 
Determination. 
16 USC 823e. 
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132 STAT. 3864 
PUBLIC LAW 115–270—OCT. 23, 2018 
that the Commission’s dam safety requirements apply to such 
qualifying facility, and the associated qualifying nonpowered 
dam, over the term of such license. 
‘‘(c) INTERAGENCY COMMUNICATIONS.—Interagency cooperation 
in the preparation of environmental documents under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 
respect to an application for a license for a qualifying facility 
under this section, and interagency communications relating to 
licensing process coordination pursuant to this section, shall not— 
‘‘(1) be considered to be ex parte communications under 
Commission rules; or 
‘‘(2) preclude an agency from participating in a licensing 
proceeding under this part, providing that any agency partici-
pating as a party in a licensing proceeding under this part 
shall, to the extent practicable, demonstrate a separation of 
staff cooperating with the Commission under the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.) and staff 
participating in the applicable proceeding under this part. 
‘‘(d) IDENTIFICATION OF NONPOWERED DAMS FOR HYDROPOWER 
DEVELOPMENT.— 
‘‘(1) IN GENERAL.—Not later than 12 months after the date 
of enactment of this section, the Commission, with the Secretary 
of the Army, the Secretary of the Interior, and the Secretary 
of Agriculture, shall jointly develop a list of existing nonpowered 
Federal dams that the Commission and the Secretaries agree 
have the greatest potential for non-Federal hydropower develop-
ment. 
‘‘(2) CONSIDERATIONS.—In developing the list under para-
graph (1), the Commission and the Secretaries may consider 
the following: 
‘‘(A) The compatibility of hydropower generation with 
existing purposes of the dam. 
‘‘(B) The proximity of the dam to existing transmission 
resources. 
‘‘(C) The existence of studies to characterize environ-
mental, cultural, and historic resources relating to the dam. 
‘‘(D) The effects of hydropower development on release 
or flow operations of the dam. 
‘‘(3) AVAILABILITY.—The Commission shall— 
‘‘(A) provide the list developed under paragraph (1) 
to— 
‘‘(i) the Committee on Energy and Commerce, the 
Committee on Transportation and Infrastructure, and 
the Committee on Natural Resources, of the House 
of Representatives; and 
‘‘(ii) the Committee on Environment and Public 
Works, and the Committee on Energy and Natural 
Resources, of the Senate; and 
‘‘(B) make such list available to the public. 
‘‘(e) DEFINITIONS.—For purposes of this section: 
‘‘(1) QUALIFYING CRITERIA.—The term ‘qualifying criteria’ 
means, with respect to a facility— 
‘‘(A) as of the date of enactment of this section, the 
facility is not licensed under, or exempted from the license 
requirements contained in, this part; 
‘‘(B) the facility will be associated with a qualifying 
nonpowered dam; 
Deadline. 
Lists. 
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132 STAT. 3865 
PUBLIC LAW 115–270—OCT. 23, 2018 
‘‘(C) the facility will be constructed, operated, and 
maintained for the generation of electric power; 
‘‘(D) the facility will use for such generation any with-
drawals, diversions, releases, or flows from the associated 
qualifying nonpowered dam, including its associated 
impoundment or other infrastructure; and 
‘‘(E) the operation of the facility will not result in 
any material change to the storage, release, or flow oper-
ations of the associated qualifying nonpowered dam. 
‘‘(2) QUALIFYING FACILITY.—The term ‘qualifying facility’ 
means a facility that is determined under this section to meet 
the qualifying criteria. 
‘‘(3) QUALIFYING NONPOWERED DAM.—The term ‘qualifying 
nonpowered dam’ means any dam, dike, embankment, or other 
barrier— 
‘‘(A) the construction of which was completed on or 
before the date of enactment of this section; 
‘‘(B) that is or was operated for the control, release, 
or distribution of water for agricultural, municipal, naviga-
tional, industrial, commercial, environmental, recreational, 
aesthetic, drinking water, or flood control purposes; and 
‘‘(C) that, as of the date of enactment of this section, 
is not generating electricity with hydropower generating 
works that are licensed under, or exempted from the license 
requirements contained in, this part. 
‘‘(f) SAVINGS CLAUSE.—Nothing in this section affects— 
‘‘(1) any authority of the Commission to license a facility 
at a nonpowered dam under this part; and 
‘‘(2) any authority of the Commission to issue an exemption 
to a small hydroelectric power project under the Public Utility 
Regulatory Policies Act of 1978.’’. 
SEC. 3004. CLOSED-LOOP PUMPED STORAGE PROJECTS. 
Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as 
amended, is further amended by adding at the end the following: 
‘‘SEC. 35. CLOSED-LOOP PUMPED STORAGE PROJECTS. 
‘‘(a) EXPEDITED LICENSING PROCESS FOR CLOSED-LOOP PUMPED 
STORAGE PROJECTS.— 
‘‘(1) IN GENERAL.—As provided in this section, the Commis-
sion may issue and amend licenses, as appropriate, for closed- 
loop pumped storage projects. 
‘‘(2) RULE.—Not later than 180 days after the date of enact-
ment of this section, the Commission shall issue a rule estab-
lishing an expedited process for issuing and amending licenses 
for closed-loop pumped storage projects under this section. 
‘‘(3) INTERAGENCY TASK FORCE.—In establishing the expe-
dited process under this section, the Commission shall convene 
an interagency task force, with appropriate Federal and State 
agencies and Indian tribes represented, to coordinate the regu-
latory processes associated with the authorizations required 
to construct and operate closed-loop pumped storage projects. 
‘‘(4) LENGTH OF PROCESS.—The Commission shall seek to 
ensure that the expedited process under this section will result 
in final decision on an application for a license by not later 
than 2 years after receipt of a completed application for such 
license. 
Coordination. 
Deadline. 
16 USC 823f. 
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132 STAT. 3866 
PUBLIC LAW 115–270—OCT. 23, 2018 
‘‘(b) DAM SAFETY.—Before issuing any license for a closed- 
loop pumped storage project, the Commission shall assess the safety 
of existing dams and other structures related to the project 
(including possible consequences associated with failure of such 
structures). 
‘‘(c) EXCEPTIONS FROM OTHER REQUIREMENTS.— 
‘‘(1) IN GENERAL.—In issuing or amending a license for 
a closed-loop pumped storage project pursuant to the expedited 
process established under this section, the Commission may 
grant an exception from any other requirement of this part 
with respect to any part of the closed-loop pumped storage 
project (not including any dam or other impoundment). 
‘‘(2) CONSULTATION.—In granting an exception under para-
graph (1), the Commission shall consult with the United States 
Fish and Wildlife Service, the National Marine Fisheries 
Service, and the State agency exercising administration over 
the fish and wildlife resources of the State in which the closed- 
loop pumped storage project is or will be located, in the manner 
provided by the Fish and Wildlife Coordination Act (16 U.S.C. 
661 et seq.). 
‘‘(3) TERMS
AND
CONDITIONS.—In granting an exception 
under paragraph (1), the Commission shall include in any such 
exception— 
‘‘(A) such terms and conditions as the United States 
Fish and Wildlife Service, the National Marine Fisheries 
Service, and the State agency described in paragraph (2) 
each determine are appropriate to prevent loss of, or dam-
age to, fish and wildlife resources and to otherwise carry 
out the purposes of the Fish and Wildlife Coordination 
Act; and 
‘‘(B) such terms and conditions as the Commission 
deems appropriate to ensure that such closed-loop pumped 
storage project continues to comply with the provisions 
of this section and terms and conditions included in any 
such exception. 
‘‘(4) FEES.—The Commission, in addition to the require-
ments of section 10(e), shall establish fees which shall be paid 
by an applicant for a license for a closed-loop pumped storage 
project that is required to meet terms and conditions set by 
fish and wildlife agencies under paragraph (3). Such fees shall 
be adequate to reimburse the fish and wildlife agencies referred 
to in paragraph (3) for any reasonable costs incurred in connec-
tion with any studies or other reviews carried out by such 
agencies for purposes of compliance with this section. The fees 
shall, subject to annual appropriations Acts, be transferred 
to such agencies by the Commission for use solely for purposes 
of carrying out such studies and shall remain available until 
expended. 
‘‘(d) TRANSFERS.—Notwithstanding section 5, and regardless 
of whether the holder of a preliminary permit for a closed-loop 
pumped storage project claimed municipal preference under section 
7(a) when obtaining the permit, on request by a municipality, 
the Commission may, to facilitate development of a closed-loop 
pumped storage project— 
‘‘(1) add entities as joint permittees following issuance of 
a preliminary permit; and 
Reimbursement. 
Assessment. 
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132 STAT. 3867 
PUBLIC LAW 115–270—OCT. 23, 2018 
‘‘(2) transfer a license in part to one or more nonmunicipal 
entities as co-licensees with a municipality, if the municipality 
retains majority ownership of the project for which the license 
was issued. 
‘‘(e) INTERAGENCY COMMUNICATIONS.—Interagency cooperation 
in the preparation of environmental documents under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 
respect to an application for a license for a closed-loop pumped 
storage project submitted pursuant to this section, and interagency 
communications relating to licensing process coordination pursuant 
to this section, shall not— 
‘‘(1) be considered to be ex parte communications under 
Commission rules; or 
‘‘(2) preclude an agency from participating in a licensing 
proceeding under this part, providing that any agency partici-
pating as a party in a licensing proceeding under this part 
shall, to the extent practicable, demonstrate a separation of 
staff cooperating with the Commission under the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.) and staff 
participating in the applicable proceeding under this part. 
‘‘(f) DEVELOPING ABANDONED MINES FOR PUMPED STORAGE.— 
‘‘(1) WORKSHOP.—Not later than 6 months after the date 
of enactment of this section, the Commission shall hold a work-
shop to explore potential opportunities for development of 
closed-loop pumped storage projects at abandoned mine sites. 
‘‘(2) GUIDANCE.—Not later than 1 year after the date of 
enactment of this section, the Commission shall issue guidance 
to assist applicants for licenses or preliminary permits for 
closed-loop pumped storage projects at abandoned mine sites. 
‘‘(g) QUALIFYING CRITERIA FOR CLOSED-LOOP PUMPED STORAGE 
PROJECTS.— 
‘‘(1) IN GENERAL.—The Commission shall establish criteria 
that a pumped storage project shall meet in order to qualify 
as a closed-loop pumped storage project eligible for the expe-
dited process established under this section. 
‘‘(2) INCLUSIONS.—In establishing the criteria under para-
graph (1), the Commission shall include criteria requiring that 
the pumped storage project— 
‘‘(A) cause little to no change to existing surface and 
ground water flows and uses; and 
‘‘(B) is unlikely to adversely affect species listed as 
a threatened species or endangered species under the 
Endangered Species Act of 1973. 
‘‘(h) SAVINGS CLAUSE.—Nothing in this section affects any 
authority of the Commission to license a closed-loop pumped storage 
project under this part.’’. 
SEC. 3005. CONSIDERATIONS FOR RELICENSING TERMS. 
Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as 
amended, is further amended by adding at the end the following: 
‘‘SEC. 36. CONSIDERATIONS FOR RELICENSING TERMS. 
‘‘(a) IN GENERAL.—In determining the term of a new license 
issued when an existing license under this part expires, the 
Commission shall take into consideration, among other things— 
‘‘(1) project-related investments by the licensee under the 
new license; and 
Determination. 
16 USC 823g. 
Deadlines. 
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132 STAT. 3868 
PUBLIC LAW 115–270—OCT. 23, 2018 
‘‘(2) project-related investments by the licensee over the 
term of the existing license. 
‘‘(b) EQUAL WEIGHT.—The determination of the Commission 
under subsection (a) shall give equal weight to— 
‘‘(1) investments by the licensee to implement the new 
license under this part, including investments relating to 
redevelopment, new construction, new capacity, efficiency, mod-
ernization, rehabilitation or replacement of major equipment, 
safety improvements, or environmental, recreation, or other 
protection, mitigation, or enhancement measures required or 
authorized by the new license; and 
‘‘(2) investments by the licensee over the term of the 
existing license (including any terms under annual licenses) 
that— 
‘‘(A) resulted in redevelopment, new construction, new 
capacity, 
efficiency, 
modernization, 
rehabilitation 
or 
replacement of major equipment, safety improvements, or 
environmental, recreation, or other protection, mitigation, 
or enhancement measures conducted over the term of the 
existing license; and 
‘‘(B) were not expressly considered by the Commission 
as contributing to the length of the existing license term 
in any order establishing or extending the existing license 
term. 
‘‘(c) COMMISSION
DETERMINATION.—At the request of the 
licensee, the Commission shall make a determination as to whether 
any planned, ongoing, or completed investment meets the criteria 
under subsection (b)(2). Any determination under this subsection 
shall be issued within 60 days following receipt of the licensee’s 
request. When issuing its determination under this subsection, the 
Commission shall not assess the incremental number of years that 
the investment may add to the new license term. All such assess-
ment shall occur only as provided in subsection (a).’’. 
SEC. 3006. FAIR RATEPAYER ACCOUNTABILITY, TRANSPARENCY, AND 
EFFICIENCY STANDARDS. 
Section 205 of the Federal Power Act (16 U.S.C. 824d) is 
amended by adding at the end the following: 
‘‘(g) INACTION OF COMMISSIONERS.— 
‘‘(1) IN GENERAL.—With respect to a change described in 
subsection (d), if the Commission permits the 60-day period 
established therein to expire without issuing an order accepting 
or denying the change because the Commissioners are divided 
two against two as to the lawfulness of the change, as a 
result of vacancy, incapacity, or recusal on the Commission, 
or if the Commission lacks a quorum— 
‘‘(A) the failure to issue an order accepting or denying 
the change by the Commission shall be considered to be 
an order issued by the Commission accepting the change 
for purposes of section 313(a); and 
‘‘(B) each Commissioner shall add to the record of 
the Commission a written statement explaining the views 
of the Commissioner with respect to the change. 
‘‘(2) APPEAL.—If, pursuant to this subsection, a person 
seeks a rehearing under section 313(a), and the Commission 
fails to act on the merits of the rehearing request by the 
date that is 30 days after the date of the rehearing request 
Deadline. 
Deadline. 
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132 STAT. 3869 
PUBLIC LAW 115–270—OCT. 23, 2018 
because the Commissioners are divided two against two, as 
a result of vacancy, incapacity, or recusal on the Commission, 
or if the Commission lacks a quorum, such person may appeal 
under section 313(b).’’. 
SEC. 3007. J. BENNETT JOHNSTON WATERWAY HYDROPOWER EXTEN-
SION. 
(a) IN GENERAL.—Notwithstanding the time period specified 
in section 13 of the Federal Power Act (16 U.S.C. 806) that would 
otherwise apply to Federal Energy Regulatory Commission project 
numbers 12756, 12757, and 12758, the Commission may, at the 
request of the licensee for the applicable project, and after reason-
able notice, in accordance with the good faith, due diligence, and 
public interest requirements of that section and the Commission’s 
procedures under that section, extend the time period during which 
such licensee is required to commence the construction of its 
applicable project for up to 3 consecutive 2-year periods from the 
date of the expiration of the extension originally issued by the 
Commission under that section for such project. 
(b) OBLIGATION
FOR PAYMENT
OF ANNUAL CHARGES.—Any 
obligation of a licensee for a project described in subsection (a) 
for the payment of annual charges under section 10(e) of the Federal 
Power Act (16 U.S.C. 803(e)) shall commence when the construction 
of the project commences. 
(c) REINSTATEMENT OF LICENSE; EFFECTIVE DATE FOR EXTEN-
SION.— 
(1) REINSTATEMENT.—If the time period required for 
commencement of construction of a project described in sub-
section (a) has expired prior to the date of the enactment 
of this Act, the Commission may reinstate the license for such 
project, effective as of the date of the expiration of the license. 
(2) EFFECTIVE DATE FOR EXTENSION.—If the Commission 
reinstates a license under paragraph (1) for a project, the 
first extension authorized under subsection (a) with respect 
to such project shall take effect on the effective date of such 
reinstatement under paragraph (1). 
SEC. 3008. STAY AND REINSTATEMENT OF FERC LICENSE NO. 11393 
FOR THE MAHONEY LAKE HYDROELECTRIC PROJECT. 
(a) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ means the Fed-
eral Energy Regulatory Commission. 
(2) LICENSE.—The term ‘‘license’’ means the license for 
the Commission project numbered 11393. 
(3) LICENSEE.—The term ‘‘licensee’’ means the holder of 
the license. 
(b) STAY
OF LICENSE.—On the request of the licensee, the 
Commission shall issue an order continuing the stay of the license. 
(c) LIFTING OF STAY.—On the request of the licensee, but not 
later than 10 years after the date of enactment of this Act, the 
Commission shall— 
(1) issue an order lifting the stay of the license under 
subsection (b); and 
(2) make the effective date of the license the date on 
which the stay is lifted under paragraph (1). 
(d) EXTENSION OF LICENSE.— 
(1) IN GENERAL.—Notwithstanding the time period specified 
in section 13 of the Federal Power Act (16 U.S.C. 806) that 
Notice. 
Time periods. 
Deadline. 
Notice. 
Time periods. 
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132 STAT. 3870 
PUBLIC LAW 115–270—OCT. 23, 2018 
would otherwise apply to the Commission project numbered 
11393, the Commission may, at the request of the licensee, 
and after reasonable notice, in accordance with the good faith, 
due diligence, and public interest requirements of, and the 
procedures of the Commission under, that section, extend the 
time period during which the licensee is required to commence 
the construction of the project for not more than 3 consecutive 
2-year periods from the date of the expiration of the extension 
originally issued by the Commission. 
(2) REINSTATEMENT OF EXPIRED LICENSE.— 
(A) IN
GENERAL.—If the period required for the 
commencement of construction of the project described in 
paragraph (1) has expired prior to the date of enactment 
of this Act, the Commission may reinstate the license effec-
tive as of the date of the expiration of the license. 
(B) EXTENSION.—If the Commission reinstates the 
license under subparagraph (A), the first extension author-
ized under paragraph (1) shall take effect on the date 
of that expiration. 
(e) EFFECT.—Nothing in this Act prioritizes, or creates any 
advantage or disadvantage to, Commission project numbered 11393 
under Federal law, including the Federal Power Act (16 U.S.C. 
791a et seq.) or the Public Utility Regulatory Policies Act of 1978 
(16 U.S.C. 2601 et seq.), as compared to— 
(1) any electric generating facility in existence on the date 
of enactment of this Act; or 
(2) any electric generating facility that may be examined, 
proposed, or developed during the period of any stay or exten-
sion of the license under this Act. 
SEC. 3009. STRATEGIC PETROLEUM RESERVE DRAWDOWN. 
(a) DRAWDOWN AND SALE.— 
(1) IN
GENERAL.—Notwithstanding section 161 of the 
Energy Policy and Conservation Act (42 U.S.C. 6241), except 
as provided in subsection (b), the Secretary of Energy shall 
draw down and sell 5,000,000 barrels of crude oil from the 
Strategic Petroleum Reserve during fiscal year 2028. 
(2) DEPOSIT OF AMOUNTS RECEIVED FROM SALE.—Amounts 
received from a sale under paragraph (1) shall be deposited 
in the general fund of the Treasury during the fiscal year 
in which the sale occurs. 
(b) EMERGENCY PROTECTION.—The Secretary of Energy may 
not draw down and sell crude oil under this section in quantities 
that would limit the authority to sell petroleum products under 
subsection (h) of section 161 of the Energy Policy and Conservation 
Act (42 U.S.C. 6241) in the full quantity authorized by that sub-
section. 
TITLE IV—OTHER MATTERS 
Subtitle A—Clean Water 
SEC. 4101. 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 shall establish a stormwater infrastructure 
Deadline. 
Study. 
Recommenda- 
tions. 
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132 STAT. 3871 
PUBLIC LAW 115–270—OCT. 23, 2018 
funding task force composed of representatives of Federal, State, 
and local governments and private (including nonprofit) entities 
to conduct a study on, and develop recommendations to improve, 
the availability of public and private sources of funding for the 
construction, rehabilitation, and operation and maintenance of 
stormwater infrastructure to meet the requirements of the Federal 
Water Pollution Control Act (33 U.S.C. 1251 et seq.). 
(b) CONSIDERATIONS.—In carrying out subsection (a), the task 
force shall— 
(1) identify existing Federal, State, and local public sources 
and private sources of funding for stormwater infrastructure; 
and 
(2) consider— 
(A) how funding for stormwater infrastructure from 
such sources has been made available, and utilized, in 
each State to address stormwater infrastructure needs 
identified pursuant to section 516(b)(1) of the Federal 
Water Pollution Control Act (33 U.S.C. 1375(b)(1)); 
(B) how the source of funding affects the affordability 
of the infrastructure (as determined based on the consider-
ations used to assess the financial capability of municipali-
ties under the integrated planning guidelines described 
in the Integrated Municipal Stormwater and Wastewater 
Planning Approach Framework, issued by the Environ-
mental Protection Agency on June 5, 2012, and dated May, 
2012), including consideration of the costs associated with 
financing the infrastructure; and 
(C) whether such sources of funding are sufficient to 
support capital expenditures and long-term operation and 
maintenance costs necessary to meet the stormwater infra-
structure needs of municipalities. 
(c) REPORT.—Not later than 18 months after the date of enact-
ment of this Act, the Administrator shall submit to Congress a 
report that describes the results of the study conducted, and the 
recommendations developed, under subsection (a). 
(d) STATE DEFINED.—In this section, the term ‘‘State’’ has the 
meaning given that term in section 502 of the Federal Water 
Pollution Control Act (33 U.S.C. 1362). 
SEC. 4102. WASTEWATER TECHNOLOGY CLEARINGHOUSE. 
(a) IN GENERAL.— 
(1) IN GENERAL.—The Administrator of the Environmental 
Protection Agency 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 technologies, including onsite and 
decentralized systems; and 
(B) disseminate to units of local government and non-
profit organizations seeking Federal funds for wastewater 
technology information on the cost effectiveness of alter-
native wastewater treatment and recycling technologies, 
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— 
33 USC 1314a. 
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132 STAT. 3872 
PUBLIC LAW 115–270—OCT. 23, 2018 
(A) programs for nonpoint source management under 
section 319 of the Federal Water Pollution Control Act 
(33 U.S.C. 1329); and 
(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). 
(b) 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 of the Environmental Protec-
tion Agency shall submit to Congress a report that describes— 
(1) the type and amount of information provided under 
subsection (a) to units of local government and nonprofit 
organizations regarding alternative wastewater treatment and 
recycling technologies; 
(2) the States and regions that have made greatest use 
of alternative wastewater treatment and recycling technologies; 
and 
(3) the actions taken by the Administrator to assist States 
in the deployment of alternative wastewater treatment and 
recycling technologies, including onsite and decentralized sys-
tems. 
SEC. 4103. TECHNICAL ASSISTANCE FOR TREATMENT WORKS. 
(a) TECHNICAL ASSISTANCE.—Section 104 of the Federal Water 
Pollution Control Act (33 U.S.C. 1254) is amended— 
(1) in subsection (b)— 
(A) by striking ‘‘and’’ at the end of paragraph (6); 
(B) by striking the period at the end of paragraph 
(7) and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(8) make grants to nonprofit organizations— 
‘‘(A) to provide technical assistance to rural, small, 
and tribal municipalities for the purpose of assisting, in 
consultation with the State in which the assistance is pro-
vided, such municipalities and tribal governments in the 
planning, developing, and acquisition of financing for 
eligible projects and activities described in section 603(c); 
‘‘(B) to provide technical assistance and training for 
rural, small, and tribal publicly owned treatment works 
and decentralized wastewater treatment systems to enable 
such treatment works and systems to protect water quality 
and achieve and maintain compliance with the require-
ments of this Act; and 
‘‘(C) to disseminate information to rural, small, and 
tribal municipalities and municipalities that meet the 
affordability criteria established under section 603(i)(2) by 
the State in which the municipality is located with respect 
to planning, design, construction, and operation of publicly 
owned treatment works and decentralized wastewater 
treatment systems.’’; and 
(2) by adding at the end the following: 
‘‘(w) NONPROFIT ORGANIZATION.—For purposes of subsection 
(b)(8), the term ‘nonprofit organization’ means a nonprofit organiza-
tion that the Administrator determines, after consultation with 
the States regarding what small publicly owned treatments works 
in the State find to be most beneficial and effective, is qualified 
Definition. 
Consultation. 
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132 STAT. 3873 
PUBLIC LAW 115–270—OCT. 23, 2018 
and experienced in providing on-site training and technical assist-
ance to small publicly owned treatment works.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 104(u) of the 
Federal Water Pollution Control Act (33 U.S.C. 1254(u)) is 
amended— 
(1) by striking ‘‘and (6)’’ and inserting ‘‘(6)’’; and 
(2) by inserting before the period at the end the following: 
‘‘; and (7) not to exceed $25,000,000 for each of fiscal years 
2019 through 2023 for carrying out subsections (b)(3), (b)(8), 
and (g)’’. 
SEC. 4104. 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) is 
amended— 
(1) in subsection (c)— 
(A) in the matter preceding paragraph (1), by striking 
‘‘Management Conference of the Long Island Sound Study’’ 
and inserting ‘‘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’’ and 
inserting a semicolon; 
(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 vulnerabilities of the Long Island 
Sound watershed, including— 
‘‘(i) the identification and assessment of such 
vulnerabilities in the watershed; 
‘‘(ii) the development and implementation of 
adaptation strategies to reduce such vulnerabilities; 
and 
‘‘(iii) the identification and assessment of the 
effects of sea level rise on water quality, habitat, and 
infrastructure; and’’; 
(C) by striking paragraph (4) and inserting the fol-
lowing: 
‘‘(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’’ after ‘‘con-
ference’’; 
(E) in paragraph (6)— 
(i) by inserting ‘‘(including on a publicly accessible 
website)’’ after ‘‘the public’’; and 
(ii) by inserting ‘‘study’’ after ‘‘conference’’; and 
(F) by striking paragraph (7) and inserting the fol-
lowing: 
‘‘(7) monitor the progress made toward meeting the identi-
fied goals, actions, and schedules of the Comprehensive Con-
servation 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’’; 
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132 STAT. 3874 
PUBLIC LAW 115–270—OCT. 23, 2018 
(2) in subsection (d)(3), in the second sentence, by striking 
‘‘50 per centum’’ and inserting ‘‘60 percent’’; 
(3) by redesignating subsection (f) as subsection (h); and 
(4) by inserting after subsection (e) the following: 
‘‘(f) REPORT.— 
‘‘(1) IN GENERAL.—Not later than 2 years after the date 
of enactment of this Act, and biennially thereafter, the Director 
of the Office, in consultation with the Governor of each Long 
Island Sound State, shall submit to Congress a report that— 
‘‘(A) summarizes and assesses the progress made by 
the Office and the Long Island Sound States in imple-
menting the Long Island Sound Comprehensive Conserva-
tion 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 modifica-
tions to the Long Island Sound Comprehensive Conserva-
tion 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 a publicly accessible website. 
‘‘(g) FEDERAL ENTITIES.— 
‘‘(1) COORDINATION.—The Administrator shall coordinate 
the actions of all Federal departments and agencies that affect 
water quality in the Long Island Sound watershed in order 
to improve the water quality and living resources of the water-
shed. 
‘‘(2) METHODS.—In carrying out this section, the Adminis-
trator, acting through the Director of the Office, may— 
‘‘(A) enter into interagency agreements; and 
‘‘(B) make intergovernmental personnel appointments. 
‘‘(4) CONSISTENCY WITH COMPREHENSIVE CONSERVATION AND 
MANAGEMENT PLAN.—To the maximum extent practicable, the 
head of each Federal department or agency that owns or occu-
pies 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 con-
sistent with the Long Island Sound Comprehensive Conserva-
tion and Management Plan (including any related subsequent 
agreements and plans).’’. 
Coordination. 
Time period. 
Recommenda- 
tions. 
Proposal. 
Time period. 
Assessment. 
Summary. 
Assessments. 
Consultation. 
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132 STAT. 3875 
PUBLIC LAW 115–270—OCT. 23, 2018 
(b) LONG ISLAND SOUND STEWARDSHIP PROGRAM.—Section 8(g) 
of the Long Island Sound Stewardship Act of 2006 (33 U.S.C. 
1269 note; Public Law 109–359) is amended by striking ‘‘2011’’ 
and inserting ‘‘2021’’. 
(c) REAUTHORIZATION
OF LONG ISLAND SOUND PROGRAMS.— 
(1) LONG ISLAND SOUND GRANTS.—Subsection (h) of section 
119 of the Federal Water Pollution Control Act (33 U.S.C. 
1269) (as redesignated by subsection (a)) is amended to read 
as follows: 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Administrator to carry out this section 
$40,000,000 for each of fiscal years 2019 through 2023.’’. 
(2) LONG
ISLAND
SOUND
STEWARDSHIP
GRANTS.—Section 
11(a) of the Long Island Sound Stewardship Act of 2006 (33 
U.S.C. 1269 note; Public Law 109–359) is amended by striking 
‘‘2007 through 2011’’ and inserting ‘‘2019 through 2023’’. 
SEC. 4105. AUTHORIZATION OF APPROPRIATIONS FOR COLUMBIA 
RIVER BASIN RESTORATION. 
Section 123(d) of the Federal Water Pollution Control Act (33 
U.S.C. 1275(d)) is amended by adding at the end the following: 
‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this subsection $30,000,000 
for each of fiscal years 2020 and 2021.’’. 
SEC. 4106. SEWER OVERFLOW CONTROL GRANTS. 
Section 221 of the Federal Water Pollution Control Act (33 
U.S.C. 1301) is amended— 
(1) by amending the section heading to read as follows: 
‘‘SEWER
OVERFLOW
AND
STORMWATER
REUSE
MUNICIPAL 
GRANTS’’; 
(2) by amending subsection (a) to read as follows: 
‘‘(a) IN GENERAL.— 
‘‘(1) GRANTS
TO
STATES.—The Administrator may make 
grants to States for the purpose of providing grants to a munici-
pality or municipal entity for planning, design, and construction 
of— 
‘‘(A) treatment works to intercept, transport, control, 
treat, or reuse municipal combined sewer overflows, sani-
tary sewer overflows, or stormwater; and 
‘‘(B) any other measures to manage, reduce, treat, or 
recapture stormwater or subsurface drainage water eligible 
for assistance under section 603(c). 
‘‘(2) DIRECT MUNICIPAL GRANTS.—Subject to subsection (g), 
the Administrator may make a direct grant to a municipality 
or municipal entity for the purposes described in paragraph 
(1).’’; 
(3) by amending subsection (e) to read as follows: 
‘‘(e) ADMINISTRATIVE REQUIREMENTS.—A project that receives 
assistance under this section shall be carried out subject to the 
same requirements as a project that receives assistance from a 
State water pollution control revolving fund under title VI, except 
to the extent that the Governor of the State in which the project 
is located determines that a requirement of title VI is inconsistent 
with the purposes of this section. For the purposes of this sub-
section, a Governor may not determine that the requirements of 
title VI relating to the application of section 513 are inconsistent 
with the purposes of this section.’’; 
Determination. 
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132 STAT. 3876 
PUBLIC LAW 115–270—OCT. 23, 2018 
(4) by amending subsection (f) to read as follows: 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be appropriated 
to carry out this section $225,000,000 for each of fiscal years 
2019 through 2020. 
‘‘(2) MINIMUM ALLOCATIONS.—To the extent there are suffi-
cient eligible project applications, the Administrator shall 
ensure that a State uses not less than 20 percent of the amount 
of the grants made to the State under subsection (a) in a 
fiscal year to carry out projects to intercept, transport, control, 
treat, or reuse municipal combined sewer overflows, sanitary 
sewer overflows, or stormwater through the use of green infra-
structure, water and energy efficiency improvements, and other 
environmentally innovative activities.’’; and 
(5) by amending subsection (g) to read as follows: 
‘‘(g) ALLOCATION OF FUNDS.— 
‘‘(1) FISCAL
YEAR
2019.—Subject to subsection (h), the 
Administrator shall use the amounts appropriated to carry 
out this section for fiscal year 2019 for making grants to munici-
palities and municipal entities under subsection (a)(2) in accord-
ance with the criteria set forth in subsection (b). 
‘‘(2) FISCAL YEAR 2020 AND THEREAFTER.—Subject to sub-
section (h), the Administrator shall use the amounts appro-
priated to carry out this section for fiscal year 2020 and each 
fiscal year thereafter for making grants to States under sub-
section (a)(1) in accordance with a formula to be established 
by the Administrator, after providing notice and an opportunity 
for public comment, that allocates to each State a proportional 
share of such amounts based on the total needs of the State 
for municipal combined sewer overflow controls, sanitary sewer 
overflow controls, and stormwater identified in the most recent 
detailed estimate and comprehensive study submitted pursuant 
to section 516 and any other information the Administrator 
considers appropriate.’’. 
SEC. 4107. ASSISTANCE FOR INDIVIDUAL HOUSEHOLD DECENTRAL-
IZED WASTEWATER SYSTEMS OF INDIVIDUALS WITH LOW 
OR MODERATE INCOME. 
(a) PROJECTS AND ACTIVITIES ELIGIBLE FOR ASSISTANCE.—Sec-
tion 603 of the Federal Water Pollution Control Act (33 U.S.C. 
1383) is amended— 
(1) in subsection (c)— 
(A) by striking ‘‘and’’ at the end of paragraph (10); 
(B) by striking ‘‘Act.’’ at the end of paragraph (11) 
and inserting ‘‘Act; and’’; and 
(C) by inserting after paragraph (11) the following: 
‘‘(12) to any qualified nonprofit entity, as determined by 
the Administrator, to provide assistance to an eligible individual 
(as defined in subsection (j))— 
‘‘(A) for the repair or replacement of existing individual 
household decentralized wastewater treatment systems; or 
‘‘(B) in a case in which an eligible individual resides 
in a household that could be cost-effectively connected to 
an available publicly owned treatment works, for the 
connection of the applicable household to such treatment 
works.’’; and 
(2) by adding at the end the following: 
Notice. 
Public comment. 
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132 STAT. 3877 
PUBLIC LAW 115–270—OCT. 23, 2018 
‘‘(j) DEFINITION OF ELIGIBLE INDIVIDUAL.—In subsection (c)(12), 
the term ‘eligible individual’ means a member of a household, 
the members of which have a combined income (for the most recent 
12-month period for which information is available) equal to not 
more than 50 percent of the median nonmetropolitan household 
income for the State in which the household is located, according 
to the most recent decennial census.’’. 
(b) REPORT.—Not later than 2 years after the date of enactment 
of this section, the Administrator of the Environmental Protection 
Agency 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 describing— 
(1) the prevalence throughout the United States of low- 
and moderate-income households without access to a treatment 
works; and 
(2) the use by States of assistance under section 603(c)(12) 
of the Federal Water Pollution Control Act. 
Subtitle B—WIFIA Reauthorization and 
Innovative Financing for State Loan Funds 
SEC. 4201. WIFIA REAUTHORIZATION AND INNOVATIVE FINANCING 
FOR STATE LOAN FUNDS. 
(a) WIFIA REAUTHORIZATION.— 
(1) AUTHORITY TO PROVIDE ASSISTANCE.—Section 5023 of 
the Water Resources Reform and Development Act of 2014 
(33 U.S.C. 3902) is amended— 
(A) by striking ‘‘pilot’’ each place it appears; and 
(B) in subsection (b)(1), by inserting ‘‘provide financial 
assistance to’’ before ‘‘carry out’’. 
(2) DETERMINATION
OF
ELIGIBILITY
AND
PROJECT
SELEC-
TION.—Section 5028(a)(1)(E) of the Water Resources Reform 
and Development Act of 2014 (33 U.S.C. 3907(a)(1)(E)) is 
amended to read as follows: 
‘‘(E) SPECIAL RULE FOR CERTAIN COMBINED PROJECTS.— 
The Administrator shall develop a credit evaluation process 
for a Federal credit instrument provided to— 
‘‘(i) a State infrastructure financing authority for 
a project under section 5026(9), which may include 
requiring the provision of a final rating opinion letter 
from at least one rating agency; or 
‘‘(ii) an entity for a project under section 5026(10), 
which may include requiring the provision of a final 
rating opinion letter from at least two rating agencies.’’. 
(3) REPAYMENTS.—Section 5029(c)(2)(B) of the Water 
Resources Reform and Development Act of 2014 (33 U.S.C. 
3908(c)(2)(B)) is amended— 
(A) by striking ‘‘Scheduled’’ and inserting the following: 
‘‘(i) TIMING OF SCHEDULED LOAN REPAYMENTS.— 
Scheduled’’; and 
(B) by adding at the end: 
‘‘(ii) REPAYMENTS.—None of the funds for repay-
ment of a secured loan under this title from a State 
infrastructure financing authority may come from 
funds provided to a State revolving loan fund under 
title VI of the Federal Water Pollution Control Act 
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132 STAT. 3878 
PUBLIC LAW 115–270—OCT. 23, 2018 
(33 U.S.C. 1381 et seq.) or section 1452 of the Safe 
Drinking Water Act (42 U.S.C. 300j–12).’’. 
(4) AUTHORIZATION OF APPROPRIATIONS.—Section 5033 of 
the Water Resources Reform and Development Act of 2014 
(33 U.S.C. 3912) is amended— 
(A) in subsection (a)— 
(i) by redesignating paragraphs (1) through (5) 
as subparagraphs (A) through (E), respectively, and 
indenting appropriately; 
(ii) in the matter preceding subparagraph (A) (as 
so redesignated), by striking ‘‘There is’’ and inserting 
the following: 
‘‘(1) FISCAL YEARS 2015 THROUGH 2019.—There are’’; and 
(iii) by adding at the end the following: 
‘‘(2) FISCAL YEARS 2020 AND 2021.—There is authorized to 
be appropriated to the Administrator to carry out this subtitle 
$50,000,000 for each of fiscal years 2020 and 2021, to remain 
available until expended.’’; and 
(B) in subsection (b)— 
(i) by striking ‘‘Of the funds’’ and inserting the 
following: 
‘‘(1) FISCAL YEARS 2015 THROUGH 2019.—Of the funds’’; and 
(ii) by adding at the end the following: 
‘‘(2) FISCAL YEARS 2020 AND 2021.—Of the funds made avail-
able to carry out this subtitle, the Administrator may use 
for the administration of this subtitle, including for the provi-
sion of technical assistance to aid project sponsors in obtaining 
the necessary approvals for the project, not more than 
$5,000,000 for each of fiscal years 2020 and 2021.’’. 
(b) INNOVATIVE FINANCING FOR STATE LOAN FUNDS.— 
(1) MAXIMUM FEDERAL INVOLVEMENT.—Section 5029(b)(9) 
of the Water Resources Reform and Development Act of 2014 
(33 U.S.C. 3908(b)(9)) is amended by adding at the end the 
following: 
‘‘(C) EXCEPTION
FOR
PROJECTS
FUNDED
BY
A
STATE 
INFRASTRUCTURE FINANCING AUTHORITY.—Notwithstanding 
subparagraph 
(A), 
a 
State 
infrastructure 
financing 
authority may finance up to 100 percent of the costs of 
a project using the proceeds of financial assistance author-
ized under section 5033(e), provided that, in the event 
of a default with respect to any such assistance, the State 
infrastructure financing authority is solely responsible for 
immediate repayment of such costs.’’. 
(2) PROGRAM ADMINISTRATION.—Section 5030 of the Water 
Resources Reform and Development Act of 2014 (33 U.S.C. 
3909) is amended— 
(A) in subsection (b), by inserting after paragraph (1) 
the following: 
‘‘(2) PROHIBITION ON PASS THROUGH FEES.—The Adminis-
trator, in the case where a State infrastructure financing 
authority obtains financial assistance under section 5033(e), 
shall require as a condition of obtaining such assistance, that 
the State infrastructure financing authority is prohibited from 
passing any portion of the fees required under section 5029(b)(7) 
to any party that utilizes any portion of such assistance for 
a project funded by such authority.’’; and 
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132 STAT. 3879 
PUBLIC LAW 115–270—OCT. 23, 2018 
(B) by redesignating subsection (e) as subsection (h) 
and inserting after subsection (d) the following: 
‘‘(e) SPECIAL RULE FOR STATE REVIEWS OF PROJECTS FOR STATE 
INFRASTRUCTURE FINANCING AUTHORITIES.— 
‘‘(1) IN GENERAL.—A project described in section 5026(9) 
for which funding is provided under this title shall comply 
with any applicable State environmental or engineering review 
requirements pursuant to, as applicable— 
‘‘(A) title VI of the Federal Water Pollution Control 
Act (33 U.S.C. 1381 et seq.); and 
‘‘(B) section 1452 of the Safe Drinking Water Act (42 
U.S.C. 300j–12). 
‘‘(2) NO
NEW
REVIEWS
REQUIRED.—Nothing in this title 
requires any additional or new environmental or engineering 
review for a project described in section 5026(9) for which 
funding is provided, other than any requirement otherwise 
applicable to the project. 
‘‘(f) SPECIAL RULE FOR EXPEDITED REVIEW OF APPLICATIONS 
FROM STATE INFRASTRUCTURE FINANCING AUTHORITIES.—Not later 
than 180 days after the date on which the Administrator receives 
a complete application from a State infrastructure financing 
authority for a project under section 5026(9), the Administrator 
shall, through a written notice to the State infrastructure financing 
authority— 
‘‘(1) approve the application; or 
‘‘(2) provide detailed guidance and an explanation of any 
changes to the application necessary for approval of the applica-
tion.’’. 
(3) AUTHORIZATION OF APPROPRIATIONS.—Section 5033 of 
the Water Resources Reform and Development Act of 2014 
(33 U.S.C. 3912) is further amended by adding at the end 
the following: 
‘‘(e) ASSISTANCE
FOR
STATE
INFRASTRUCTURE
FINANCING 
AUTHORITIES.— 
‘‘(1) IN GENERAL.—With respect to fiscal years 2020 and 
2021, if the Administrator has available for obligation in a 
fiscal year at least $50,000,000, there is authorized to be appro-
priated to the Administrator $5,000,000 for that fiscal year 
to provide financial assistance for projects described in section 
5026(9) to State infrastructure financing authorities. 
‘‘(2) NO IMPACT ON OTHER FEDERAL FUNDING.—No funds 
shall be made available in a fiscal year to the Administrator 
for purposes of this subsection if— 
‘‘(A) the total amount appropriated for the fiscal year 
for State loan funds under section 1452 of the Safe Drinking 
Water Act is less than either the amount made available 
for such purpose in fiscal year 2018, or 105 percent of 
the previous fiscal year’s appropriation for such purpose, 
whichever is greater; and 
‘‘(B) the total amount appropriated for the fiscal year 
for water pollution control revolving funds under title VI 
of the Federal Water Pollution Control Act is less than 
either the amount made available for such purpose for 
fiscal year 2018, or 105 percent of the previous fiscal year’s 
appropriation for such purpose, whichever is greater. 
‘‘(3) INCLUSION IN AGREEMENT.—If the Administrator pro-
vides financial assistance to a State infrastructure financing 
Guidance. 
Deadline. 
Notice. 
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132 STAT. 3880 
PUBLIC LAW 115–270—OCT. 23, 2018 
authority under section 5029 using funds made available pursu-
ant to this subsection, the Administrator shall specify in the 
agreement under such section the amount of such assistance 
that is attributable to such funds.’’. 
(c) ADMINISTRATION OF WIFIA PROGRAM.—Section 5030 of the 
Water Resources Reform and Development Act of 2014 (33 U.S.C. 
3909), as amended by subsection (b), is further amended by 
inserting after subsection (f) the following: 
‘‘(g) AGREEMENTS.— 
‘‘(1) IN GENERAL.—Subject to paragraphs (3) and (4), the 
Administrator may enter into an agreement with another rel-
evant Federal agency to provide assistance in administering 
and servicing Federal credit instruments that such agency is 
authorized to make available. 
‘‘(2) DUTIES.—The Administrator may act as an agent for 
the head of another Federal agency under paragraph (1), subject 
to the terms of any agreement entered into by the Adminis-
trator and the head of such other agency under such clause. 
‘‘(3) TRANSFER OF FUNDS.—The authority of the Adminis-
trator to provide assistance under paragraph (1) is subject 
to— 
‘‘(A) the availability of funds appropriated to the other 
Federal agency that may be transferred to the Adminis-
trator to carry out an agreement entered into under para-
graph (1); and 
‘‘(B) the transfer of such funds to the Administrator 
to carry out such an agreement. 
‘‘(4) LIMITATION.—Nothing in this subsection affects the 
authority of the Administrator with respect to the selection 
of projects described in paragraphs (1), (8), or (10) of section 
5026 to receive financial assistance under this subtitle.’’. 
(d) REPORTS
ON PILOT PROGRAM IMPLEMENTATION.—Section 
5034 of the Water Resources Reform and Development Act of 2014 
(33 U.S.C. 3913) is amended— 
(1) in the section heading, by striking ‘‘PILOT’’; and 
(2) in subsection (b)(1), by striking ‘‘4 years after the date 
of enactment of this Act’’ and inserting ‘‘3 years after the 
date of enactment of the Water Resources Development Act 
of 2018’’. 
Subtitle C—Miscellaneous 
SEC. 4301. AGREEMENT WITH COMMISSIONER OF RECLAMATION. 
Not later than 1 year after the date of enactment of this 
Act, the Administrator of the Environmental Protection Agency 
and the Commissioner of Reclamation shall enter into an agreement 
under section 5030(g) of the Water Infrastructure Finance and 
Innovation Act (as added by this Act). 
SEC. 4302. SNAKE RIVER BASIN FLOOD PREVENTION ACTION PLAN. 
(a) IN GENERAL.—As soon as practicable after the date of enact-
ment of this Act, the Commissioner of Reclamation, in consultation 
with the Secretary of the Army, shall develop a flood prevention 
action plan for each State or portion of a State within the Snake 
River Basin. 
Consultation. 
Deadline. 
33 USC 3909 
note. 
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132 STAT. 3881 
PUBLIC LAW 115–270—OCT. 23, 2018 
(b) REQUIREMENTS.—A flood prevention action plan developed 
under subsection (a) shall— 
(1) focus on the areas most likely to experience flooding 
within the 2 years following the date of enactment of this 
Act; 
(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 Commissioner of Reclamation shall submit to the Committee 
on Environment and Public Works and the Committee on Energy 
and Natural Resources of the Senate, and the Committee on 
Transportation and Infrastructure and the Committee on Natural 
Resources of the House of Representatives, the flood prevention 
plans developed under subsection (a). 
SEC. 4303. GAO AUDIT OF CONTRACTS AND TAINTER GATE REPAIRS 
OF HARLAN COUNTY DAM. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the Comptroller General of the United States 
shall— 
(1) conduct an audit of the extraordinary maintenance 
repayment contracts No. 16XX630077 and No. 16XX630076 
between the United States and the Bostwick Division for repairs 
to the Tainter gates and other features at Harlan County 
Dam, including— 
(A) an examination of whether— 
(i) the Corps of Engineers should have designated 
the Tainter gate rehabilitation as a ‘‘Dam Safety Modi-
fication’’, subject to the cost-sharing requirements 
under section 1203 of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 467n), instead of an 
‘‘extraordinary maintenance project’’; and 
(ii) a more appropriate cost share should have 
applied to the Bostwick Division; 
(B) a review of— 
(i) the amounts owed by the Bostwick Division 
to the Bureau of Reclamation; and 
(ii) any reimbursements owed by the Corps of Engi-
neers to the Bureau of Reclamation based on the actual 
costs of the project after completion; and 
(C) a review of project designations and cost-share 
policies of the Bureau of Reclamation and other Federal 
agencies for similar spillway gate repairs; and 
(2) submit to Congress a report on the results of the audit 
under paragraph (1). 
(b) TREATMENT OF PAYMENTS.—Payments made after the date 
of enactment of this Act by the Bostwick Division to the Bureau 
of Reclamation under the contracts described in subsection (a)(1) 
shall be— 
(1) deposited into a no-year account; and 
(2) disbursed to the Bureau of Reclamation upon submis-
sion of the report under subsection (a)(2). 
Deadline. 
Deadline. 
Coordination. 
Time period. 
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132 STAT. 3882 
PUBLIC LAW 115–270—OCT. 23, 2018 
SEC. 4304. WATER INFRASTRUCTURE AND WORKFORCE INVESTMENT. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) water and wastewater utilities provide a unique oppor-
tunity for access to stable, high-quality careers; 
(2) as water and wastewater utilities make critical invest-
ments 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 utili-
ties sector, Congress urges— 
(A) increased collaboration among Federal, State, and 
local governments; and 
(B) institutions of higher education, apprentice pro-
grams, high schools, and other community-based organiza-
tions to align workforce training programs and community 
resources with water and wastewater utilities to accelerate 
career pipelines and provide access to workforce opportuni-
ties. 
(b) INNOVATIVE WATER INFRASTRUCTURE WORKFORCE DEVELOP-
MENT PROGRAM.— 
(1) GRANTS
AUTHORIZED.—The Administrator of the 
Environmental Protection Agency (referred to in this section 
as the ‘‘Administrator’’), in consultation with the Secretary 
of Agriculture, shall establish a competitive grant program— 
(A) to assist the development and utilization of innova-
tive activities relating to workforce development and career 
opportunities in the water utility sector; and 
(B) to expand public awareness about water utilities 
and connect individuals to careers in the water utility 
sector. 
(2) SELECTION OF GRANT RECIPIENTS.—In awarding grants 
under paragraph (1), the Administrator shall, to the extent 
practicable, select nonprofit professional or service organiza-
tions, labor organizations, community colleges, institutions of 
higher education, or other training and educational institu-
tions— 
(A) that have qualifications and experience— 
(i) in the development of training programs and 
curricula relevant to workforce needs of water utilities; 
(ii) working in cooperation with water utilities; 
or 
(iii) developing public education materials appro-
priate for communicating with groups of different ages 
and educational backgrounds; and 
(B) that will address the human resources and 
workforce needs of water utilities that— 
(i) are geographically diverse; 
(ii) are of varying sizes; and 
(iii) serve urban, suburban, and rural populations. 
(3) USE OF FUNDS.—Grants awarded under paragraph (1) 
may be used for activities such as— 
(A) targeted internship, apprenticeship, pre-apprentice-
ship, and post-secondary bridge programs for skilled water 
utility trades that provide— 
Consultation. 
42 USC 
300j–19e. 
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132 STAT. 3883 
PUBLIC LAW 115–270—OCT. 23, 2018 
(i) on-the-job training; 
(ii) skills development; 
(iii) test preparation for skilled trade apprentice-
ships; 
(iv) advance training in the water utility sector 
relating to construction, utility operations, treatment 
and 
distribution, 
green 
infrastructure, 
customer 
service, maintenance, and engineering; or 
(v) other support services to facilitate post-sec-
ondary success; 
(B) education programs designed for elementary, sec-
ondary, and higher education students that— 
(i) inform people about the role of water and waste-
water utilities in their communities; 
(ii) increase the awareness of career opportunities 
and exposure of students to water utility careers 
through various work-based learning opportunities 
inside and outside the classroom; and 
(iii) connect students to career pathways related 
to water utilities; 
(C) regional industry and workforce development 
collaborations to address water utility employment needs 
and coordinate candidate development, particularly in 
areas of high unemployment or for water utilities with 
a high proportion of retirement eligible employees; 
(D) integrated learning laboratories in secondary edu-
cational institutions that provide students with— 
(i) hands-on, contextualized learning opportunities; 
(ii) dual enrollment credit for post-secondary edu-
cation 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 waste water utilities workers are 
prepared for higher level supervisory or management-level 
positions. 
(4) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this subsection $1,000,000 
for each of fiscal years 2019 and 2020. 
SEC. 4305. REGIONAL LIAISONS FOR MINORITY, TRIBAL, AND LOW- 
INCOME COMMUNITIES. 
(a) IN GENERAL.—The Administrator of the Environmental 
Protection Agency (referred to in this section as the ‘‘Administrator’’) 
shall assign at least one employee in each regional office of the 
Environmental Protection Agency to serve as a liaison to minority, 
Tribal, and low-income communities in the relevant region. 
(b) PUBLIC IDENTIFICATION.—The Administrator shall identify 
each regional liaison assigned under subsection (a) on the internet 
website of— 
(1) the relevant regional office of the Environmental Protec-
tion Agency; and 
(2) the Office of Environmental Justice of the Environ-
mental Protection Agency. 
Web postings. 
Assignment. 
42 USC 4370i. 
Coordination. 
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132 STAT. 3884 
PUBLIC LAW 115–270—OCT. 23, 2018 
SEC. 4306. WATERSENSE. 
(a) WATERSENSE.—The Energy Policy and Conservation Act 
(42 U.S.C. 6201 et seq.) is amended by adding after section 324A 
the following: 
‘‘SEC. 324B. WATERSENSE PROGRAM. 
‘‘(a) ESTABLISHMENT OF WATERSENSE PROGRAM.— 
‘‘(1) IN GENERAL.—There is established within the Environ-
mental Protection Agency a voluntary program, to be known 
as the WaterSense program, to identify and promote water- 
efficient products, buildings, landscapes, facilities, processes, 
and services in order to, through voluntary labeling of, or 
other forms of communications regarding, such products, 
buildings, landscapes, facilities, processes, and services while 
meeting strict performance criteria, sensibly— 
‘‘(A) reduce water use; 
‘‘(B) reduce the strain on public water systems, commu-
nity water systems, and wastewater and stormwater infra-
structure; 
‘‘(C) conserve energy used to pump, heat, transport, 
and treat water; and 
‘‘(D) preserve water resources for future generations. 
‘‘(2) INCLUSIONS.—Categories of products, buildings, land-
scapes, facilities, processes, and services that may be included 
under the program include— 
‘‘(A) irrigation technologies and services; 
‘‘(B) point-of-use water treatment devices; 
‘‘(C) plumbing products; 
‘‘(D) water 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 of the Environmental Protec-
tion Agency, in coordination with the Secretary of Energy as appro-
priate, shall— 
‘‘(1) establish— 
‘‘(A) a WaterSense label to be used for products, 
buildings, landscapes, facilities, processes, and services 
meeting the certification criteria established pursuant to 
this section; and 
‘‘(B) the procedure, including the methods and means, 
and criteria by which products, buildings, landscapes, facili-
ties, processes, and services may be certified to display 
the WaterSense label; 
‘‘(2) enhance public awareness regarding the WaterSense 
label through outreach and public education; 
‘‘(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 certified to display 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 
Criteria. 
Procedures. 
Criteria. 
Coordination. 
42 USC 6294b. 
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132 STAT. 3885 
PUBLIC LAW 115–270—OCT. 23, 2018 
product certification bodies accredited by an accreditation 
entity domiciled in the United States; 
‘‘(C) using testing protocols, from the appropriate, 
applicable, and relevant consensus standards, for the pur-
pose of determining compliance with performance criteria; 
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 performance criteria, 
review and, if appropriate, revise the performance criteria to 
achieve additional water savings; 
‘‘(5) in revising any WaterSense criteria— 
‘‘(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, mar-
keting, training, and distribution of the specific product, 
building, landscape, process, or service category being 
addressed; and 
‘‘(6) not later than December 31, 2019, consider for review 
and revise, if necessary, any WaterSense performance criteria 
adopted before January 1, 2012. 
‘‘(c) TRANSPARENCY.—The Administrator of the Environmental 
Protection Agency shall, to the extent practicable and not less 
than annually, estimate and make available to the public the rel-
ative water and energy savings attributable to the use of 
WaterSense-labeled products, buildings, landscapes, facilities, proc-
esses, and services. 
‘‘(d) DISTINCTION OF AUTHORITIES.—In setting or maintaining 
specifications and criteria for Energy Star pursuant to section 324A, 
and WaterSense under this section, the Secretary of Energy and 
the Administrator of the Environmental Protection Agency shall 
coordinate to prevent duplicative or conflicting requirements among 
the respective programs. 
‘‘(e) NO WARRANTY.—A WaterSense label shall not create any 
express or implied warranty. 
‘‘(f) METHODS FOR ESTABLISHING PERFORMANCE CRITERIA.—In 
establishing performance criteria for products, buildings, land-
scapes, facilities, processes, or services pursuant to this section, 
the Administrator of the Environmental Protection Agency shall 
use technical specifications and testing protocols established by 
voluntary consensus standards organizations relevant to specific 
products, buildings, landscapes, facilities, processes, or services, 
as appropriate. 
‘‘(g) DEFINITION OF FEASIBLE.—The term ‘feasible’ means fea-
sible with the use of the best technology, techniques, and other 
means that the Administrator of the Environmental Protection 
Agency finds, after examination for efficacy under field conditions 
and not solely under laboratory conditions, are available (taking 
cost into consideration).’’. 
Coordination. 
Time period. 
Estimate. 
Public 
information. 
Deadline. 
Review. 
Criteria. 
Notice. 
Time period. 
Review. 
Criteria. 
Audits. 
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132 STAT. 3886 
PUBLIC LAW 115–270—OCT. 23, 2018 
(b) TABLE OF CONTENTS.—The table of contents for the Energy 
Policy and Conservation Act is amended by adding after the item 
relating to section 324A the following: 
‘‘Sec. 324B. WaterSense program.’’. 
SEC. 4307. PREDATORY AND OTHER WILD ANIMALS. 
Section 1 of the Act of March 2, 1931 (46 Stat. 1468, chapter 
370; 7 U.S.C. 8351) is amended— 
(1) in the second sentence, by striking ‘‘The Secretary’’ 
and inserting the following: 
‘‘(b) ADMINISTRATION.—The Secretary’’; 
(2) in the first sentence, by striking ‘‘The Secretary’’ and 
inserting the following: 
‘‘(a) IN GENERAL.—The Secretary’’; and 
(3) by adding at the end the following: 
‘‘(c) ACTION BY FWS.—The Director of the United States Fish 
and Wildlife Service shall use the most expeditious procedure prac-
ticable to process and administer permits for take of— 
‘‘(1) a depredating eagle under the Act of June 8, 1940 
(commonly known as the ‘Bald Eagle Protection Act’) (54 Stat. 
250, chapter 278; 16 U.S.C. 668 et seq.), or sections 22.11 
through 22.32of title 50, Code of Federal Regulations (or suc-
cessor regulations) (including depredation of livestock, wildlife, 
and species protected under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.) or any other Federal management 
program); or 
‘‘(2) a migratory bird included on the list under section 
10.13 of title 50, Code of Federal Regulations (or successor 
regulations) that is posing a conflict.’’. 
SEC. 4308. KLAMATH PROJECT WATER AND POWER. 
(a) ADDRESSING WATER MANAGEMENT AND POWER COSTS FOR 
IRRIGATION.—The Klamath Basin Water Supply Enhancement Act 
of 2000 (Public Law 106–498; 114 Stat. 2221) is amended— 
(1) by redesignating sections 4 through 6 as sections 5 
through 7, respectively; and 
(2) by inserting after section 3 the following: 
‘‘SEC. 4. POWER AND WATER MANAGEMENT. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COVERED POWER USE.—The term ‘covered power use’ 
means a use of power to develop or manage water from any 
source for irrigation, wildlife purposes, or drainage on land 
that is— 
‘‘(A) associated with the Klamath Project, including 
land within a unit of the National Wildlife Refuge System 
that receives water due to the operation of Klamath Project 
facilities; or 
‘‘(B) irrigated by the class of users covered by the 
agreement dated April 30, 1956, between the California 
Oregon Power Company and Klamath Basin Water Users 
Protective Association and within the Off Project Area (as 
defined in the Upper Basin Comprehensive Agreement 
entered into on April 18, 2014), only if each applicable 
owner and holder of a possessory interest of the land is 
a party to that agreement (or a successor agreement that 
Permits. 
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132 STAT. 3887 
PUBLIC LAW 115–270—OCT. 23, 2018 
the Secretary determines provides a comparable benefit 
to the United States). 
‘‘(2) KLAMATH PROJECT.— 
‘‘(A) IN GENERAL.—The term ‘Klamath Project’ means 
the Bureau of Reclamation project in the States of Cali-
fornia and Oregon. 
‘‘(B) INCLUSIONS.—The term ‘Klamath Project’ includes 
any dam, canal, or other works or interests for water 
diversion, storage, delivery, and drainage, flood control, 
or any similar function that is part of the project described 
in subparagraph (A). 
‘‘(3) POWER COST BENCHMARK.—The term ‘power cost bench-
mark’ means the average net delivered cost of power for irriga-
tion and drainage at Reclamation projects in the area sur-
rounding the Klamath Project that are similarly situated to 
the Klamath Project, including Reclamation projects that— 
‘‘(A) are located in the Pacific Northwest; and 
‘‘(B) receive project-use power. 
‘‘(b) WATER ACTIVITIES AND DROUGHT RESPONSE.— 
‘‘(1) IN GENERAL.—Pursuant to the reclamation laws and 
subject to appropriations and required environmental reviews, 
the Secretary may carry out activities, including entering into 
a contract or making financial assistance available through 
cooperative agreements or other methods— 
‘‘(A) to plan, implement, and administer programs to 
align water supplies and demand for irrigation water users 
associated with the Klamath Project, with a primary 
emphasis on programs developed or endorsed by local enti-
ties comprised of representatives of those water users; 
‘‘(B) Expenditures under this paragraph shall not 
exceed $10 million on an average annual basis. 
‘‘(2) 2018 DROUGHT
RESPONSE.—All disbursements made 
or to be made based on actions approved by the Secretary 
under Contract Numbers 18–WC–20–5322 and 18–WC–20– 
5323 are authorized. 
‘‘(3) REQUIREMENTS.—The Secretary shall ensure that the 
activities under this subsection— 
‘‘(A) do not foster groundwater use that results in 
groundwater level declines that, based on existing data 
from the United States Geological Survey, are more than 
appropriate in a critically dry year, taking into consider-
ation the long-term sustainability of aquifers; 
‘‘(B) do not adversely affect compliance with applicable 
laws protecting fishery resources in Upper Klamath Lake 
and the Klamath River. 
‘‘(4) CONVEYANCE OF NON-PROJECT WATER.— 
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and 
(C), any entity operating under a contract entered into 
with the United States for the operation and maintenance 
of any Klamath Project works or facility, and any entity 
operating any works or facility not owned by the United 
States that receives Klamath Project water, may use, with-
out any additional Federal contract, permit, or other 
authorization, any Klamath Project works or facility to 
convey non-Klamath Project water for any authorized pur-
pose of the Klamath Project. 
Plan. 
Contracts. 
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132 STAT. 3888 
PUBLIC LAW 115–270—OCT. 23, 2018 
‘‘(B) PERMITS; MEASUREMENT.—A use of water pursuant 
to subparagraph (A) (including an addition or conveyance 
of water) shall be subject to the requirements that— 
‘‘(i) the applicable entity shall secure all permits 
required under State or local law; and 
‘‘(ii) as applicable— 
‘‘(I) all water delivered into and taken out 
of a Klamath Project works or facility pursuant 
to that subparagraph shall be measured; and 
‘‘(II) any irrigation district conveying water 
shall ensure that only the land authorized to 
receive water under applicable State law shall 
receive, and put to beneficial use, the water, in 
accordance with the applicable State law and any 
associated terms and conditions. 
‘‘(C) LIMITATION.—A use of non-Klamath Project water 
under this paragraph shall not— 
‘‘(i) adversely affect the delivery of water to any 
water user or land served by the Klamath Project; 
or 
‘‘(ii) result in any additional cost to the United 
States. 
‘‘(4) EFFECT OF SUBSECTION.—Nothing in this subsection 
authorizes the Secretary— 
‘‘(A) to develop or construct new facilities for the 
Klamath Project without appropriate approval from Con-
gress under section 9 of the Reclamation Projects Act of 
1939 (43 U.S.C. 485h); or 
‘‘(B) to carry out activities that have not otherwise 
been authorized. 
‘‘(c) REDUCING POWER COSTS.— 
‘‘(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of America’s Water Infrastructure Act of 2018, 
the Secretary, in consultation with interested irrigation 
interests that are eligible for covered power use and organiza-
tions representative of those interests, shall submit to the Com-
mittee on Energy and Natural Resources of the Senate and 
the Committee on Natural Resources of the House of Represent-
atives a report that— 
‘‘(A) identifies the power cost benchmark; and 
‘‘(B) recommends actions (other than direct payments 
to persons making covered power uses or to other entities 
for the purposes of subsidizing power rates) that, in the 
judgment of the Secretary, are necessary and appropriate 
to ensure that the net delivered power cost for covered 
power use is equal to or less than the power cost bench-
mark, including a description of— 
‘‘(i) actions— 
‘‘(I) to immediately reduce power costs; and 
‘‘(II) to ensure that the net delivered power 
cost for covered power use is equal to, or less 
than, the power cost benchmark in the near term, 
while longer-term actions are being implemented; 
‘‘(ii) actions that prioritize— 
‘‘(I) water and power conservation and effi-
ciency measures that could assist in achieving the 
power cost benchmark; 
Recommenda- 
tions. 
Consultation. 
Reports. 
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132 STAT. 3889 
PUBLIC LAW 115–270—OCT. 23, 2018 
‘‘(II) to the extent actions involving the 
development or acquisition of power generation are 
included, renewable energy technologies (including 
hydropower); and 
‘‘(III) regional economic development; 
‘‘(iii) the potential costs and timeline for the actions 
recommended under this subparagraph; 
‘‘(iv) provisions for modifying the actions and 
timeline to adapt to new information or circumstances; 
and 
‘‘(v) a description of public input regarding the 
proposed actions, including— 
‘‘(I) input from water users that have covered 
power use; and 
‘‘(II) the degree to which those water users 
concur with the recommendations.’’. 
(b) EFFECT.—None of the amendments made by this section— 
(1) modify any authority or obligation of the United States 
with respect to any tribal trust or treaty obligation of the 
United States; 
(2) create or determine any water right or affects any 
water right or water right claim in existence on the date of 
enactment of this Act; or 
(3) authorize the use of Federal funds for the physical 
deconstruction of the Iron Gate, Copco 1, Copco 2, or John 
C. Boyle Dam located on the Klamath River in the States 
of California and Oregon. 
SEC. 4309. 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 section, 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 section; 
(2) the construction of which was completed not later than 
December 31, 1945; 
(3) a corrective action study for which was completed not 
later than December 31, 2015; and 
(4) the construction of which was authorized by the Act 
of June 28, 1938 (52 Stat. 1215, chapter 795). 
SEC. 4310. 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’’), in cooperation with the State 
of Wyoming, may amend the Definite Plan Report for the 
Seedskadee Project authorized under the first section of the Act 
of April 11, 1956 (commonly known as the ‘‘Colorado River Storage 
Project Act’’) (43 U.S.C. 620), to provide for the study, design, 
planning, and construction activities that will enable the use of 
all active storage capacity (as may be defined or limited by legal, 
hydrologic, structural, engineering, economic, and environmental 
considerations) of Fontenelle Dam and Reservoir, including the 
placement of sufficient riprap on the upstream face of Fontenelle 
Dam to allow the active storage capacity of Fontenelle Reservoir 
Cooperation. 
Wyoming. 
43 USC 377b 
note. 
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PUBLIC LAW 115–270—OCT. 23, 2018 
to be used for those purposes for which the Seedskadee Project 
was authorized. 
(b) COOPERATIVE AGREEMENTS.— 
(1) IN GENERAL.—The Secretary may enter into any con-
tract, 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 respon-
sibilities 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 sub-
section (a); 
(ii) any environmental and cultural resource 
compliance activities required for the modification of 
the Fontenelle Dam under subsection (a) including 
compliance with— 
(I) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); 
(II) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.); and 
(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), 
and as a condition of providing any additional storage under sub-
section (a), the State of Wyoming shall provide to the Secretary 
funds for any work carried out under subsection (a). 
(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 et seq.); 
(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 et seq.); 
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132 STAT. 3891 
PUBLIC LAW 115–270—OCT. 23, 2018 
(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 Feb-
ruary 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 et seq.); 
(7) the Colorado River Basin Project Act (Public Law 90– 
537; 82 Stat. 885); or 
(8) any State of Wyoming or other State water law. 
SEC. 4311. BLACKFEET WATER RIGHTS SETTLEMENT. 
(a) BLACKFEET SETTLEMENT TRUST FUND.—Section 3716(e) of 
the Water Infrastructure Improvements for the Nation Act (130 
Stat. 1835) is amended— 
(1) in paragraph (2), by striking ‘‘appropriations,’’ and all 
that follows through the period at the end and inserting the 
following: ‘‘appropriations, the following amounts shall be made 
available to the Tribe for implementation of this subtitle: 
‘‘(A) 50 percent of the amounts in the Administration 
and Energy Account. 
‘‘(B) 50 percent of the amounts in the OM&R Account. 
‘‘(C) 50 percent of the amounts in the St. Mary Account. 
‘‘(D) 50 percent of the amounts in the Blackfeet Water, 
Storage, and Development Projects Account.’’; and 
(2) by adding at the end the following: 
‘‘(3) AVAILABILITY.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), none of the funds deposited in the Trust Fund in 
fiscal year 2018 shall be available for expenditure in accord-
ance with this subsection until the enforceability date. 
‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A), 
of the funds in the Administration and Energy Account, 
$4,800,000 shall be available to the Tribe for the 
implementation of this subtitle.’’. 
(b) BLACKFEET WATER SETTLEMENT IMPLEMENTATION FUND.— 
Section 3717(e) of the Water Infrastructure Improvements for the 
Nation Act (130 Stat. 1837) is amended— 
(1) by striking ‘‘Amounts in’’ and inserting the following: 
‘‘(1) IN GENERAL.—Amounts in’’; and 
(2) by adding at the end the following: 
‘‘(2) FUNDING FOR IMPLEMENTATION ACTIVITIES.—Notwith-
standing paragraph (1), the following amounts shall be avail-
able to the Secretary for the implementation of this subtitle: 
‘‘(A) 50 percent of the amounts in the MR&I System, 
Irrigation, and Water Storage Account to carry out section 
3711. 
‘‘(B) 50 percent of the amounts in the MR&I System, 
Irrigation, and Water Storage Account to carry out section 
3712. 
‘‘(C) 50 percent of the amounts in the Blackfeet Irriga-
tion Project Deferred Maintenance and Four Horns Dam 
Safety Improvements Account to carry out section 3710(c). 
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132 STAT. 3892 
PUBLIC LAW 115–270—OCT. 23, 2018 
‘‘(D) The amounts in the Blackfeet Irrigation Project 
Deferred Maintenance and Four Horns Dam Safety 
Improvements Account to carry out section 3710(d). 
‘‘(E) From the St. Mary/Water Milk Management and 
Activities Account: 
‘‘(i) 50 percent of the amount described in section 
3707(g)(1) to carry out section 3707(c). 
‘‘(ii) 50 percent of the amount described in section 
3707(g)(2) to carry out section 3707(d). 
‘‘(iii) The amount described in section 3707(g)(3) 
to carry out subsection (f). 
‘‘(iv) The amounts in the Account to carry out 
section 3705. 
‘‘(3) AVAILABILITY.—None of the funds made available 
under this section in fiscal year 2018 shall be available until 
the enforceability date.’’. 
(c) TECHNICAL CORRECTIONS.—Section 3720 of the Water Infra-
structure Improvements for the Nation Act (130 Stat. 1839) is 
amended— 
(1) in subsection (a)(3)(B), by striking ‘‘section 3706’’ and 
inserting ‘‘section 6’’; and 
(2) in subsection (h), in the matter preceding paragraph 
(1), by striking ‘‘January 21, 2026’’ and inserting ‘‘January 
21, 2025’’. 
SEC. 4312. INDIAN IRRIGATION FUND REAUTHORIZATION. 
(a) DEPOSITS TO FUNDS.—Section 3212(a) of the Water Infra-
structure Improvements for the Nation Act (130 Stat. 1750) is 
amended by striking ‘‘each of fiscal years 2017 through 2021’’ and 
inserting ‘‘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’’ and inserting ‘‘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’’ and inserting ‘‘September 30, 2028’’. 
SEC. 4313. 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’’ and inserting ‘‘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’’ and inserting ‘‘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’’ and inserting ‘‘each of fiscal years 2017 through 
2028’’; and 
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132 STAT. 3893 
PUBLIC LAW 115–270—OCT. 23, 2018 
LEGISLATIVE HISTORY—S. 3021: 
CONGRESSIONAL RECORD, Vol. 164 (2018): 
Sept. 4, considered and passed Senate. 
Sept. 13, considered and passed House, amended. 
Oct. 6, 9, 10, Senate considered and concurred in House amendments. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018): 
Oct. 23, Presidential remarks. 
(2) in subsection (b), by striking ‘‘the day before the date 
of enactment of this Act’’ and inserting ‘‘the day before the 
date of enactment of America’s Water Infrastructure Act of 
2018’’. 
SEC. 4314. INDIAN DAM SAFETY REAUTHORIZATION. 
Section 3101 of the Water Infrastructure Improvements for 
the Nation Act (25 U.S.C. 3805) is amended— 
(1) by striking ‘‘each of fiscal years 2017 through 2023’’ 
each place it appears and inserting ‘‘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’’ and inserting ‘‘Sep-
tember 30, 2030’’; and 
(B) in paragraph (2)(F), in the matter preceding clause 
(i), by striking ‘‘September 30, 2023’’ and inserting ‘‘Sep-
tember 30, 2030’’; and 
(3) in subsection (f)— 
(A) in paragraph (2), by striking ‘‘4 years’’ and inserting 
‘‘11 years’’; and 
(B) in paragraph (3), by striking ‘‘each of fiscal years 
2017, 2018, and 2019’’ and inserting ‘‘each of fiscal years 
2017 through 2026’’. 
SEC. 4315. DIANA E. MURPHY UNITED STATES COURTHOUSE. 
(a) DESIGNATION.—The United States courthouse located at 
300 South Fourth Street in Minneapolis, Minnesota, shall be known 
and designated as the ‘‘Diana E. Murphy United States Court-
house’’. 
(b) REFERENCES.—Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the United 
States courthouse referred to in subsection (a) shall be deemed 
to be a reference to the ‘‘Diana E. Murphy United States Court-
house’’. 
Approved October 23, 2018. 
Minnesota. 
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