[Senate Report 114-283]
[From the U.S. Government Publishing Office]
Calendar No. 523
114th Congress } { Report
SENATE
2d Session } { 114-283
======================================================================
WATER RESOURCES DEVELOPMENT ACT OF 2016
_______
June 20, 2016.--Ordered to be printed
_______
Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 2848]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 2848) to provide for the conservation and
development of water and related resources, to authorize the
Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States and for
other purposes, having considered the same, reports favorably
thereon with amendments and recommends that the bill, as
amended, do pass.
General Statement and Background
The Water Resources Development Act of 2016 (WRDA 2016),
addresses both the civil works program of the Army Corps of
Engineers and the Safe Drinking Water Act and Clean Water Act
programs implemented by the Environmental Protection Agency, as
well as certain innovative technology and regional restoration
programs.
Corps of Engineers Civil Works Program
The Secretary of the Army, acting through the Army Corps of
Engineers (``Corps'') implements the Corps' civil works
program, which is the nations' largest water resources program.
The Corps' civil works responsibilities include navigation,
flood control, shoreline protection, hydropower, dam safety,
water supply, recreation, environmental restoration and
protection, and disaster response recovery.
Over all, Corps projects help to generate $109.83 billion
in net annual economic benefits and generate $34.16 billion in
revenue to the U.S. Treasury.
The Corps operates and/or maintains 13,000 miles of
commercial deep draft ship channels and 12,000 miles of
commercial inland waterways, which serve 41 states and
transports much of the cargo moved by waterways.
Approximately $1.4 trillion worth of goods move each year
through our ports, from and to every corner of America and the
world. $200 billion in federal, state, and local tax revenue is
generated by our ports every year. Expansion of the Panama
Canal is 98% complete, allowing more and larger ships to call
on America's ports. By 2030, post-Panamax vessels will account
for 62% of the global container fleet. According to the Corps'
Institute for Water Resources, imports and exports are expected
to grow more than fourfold and sevenfold, respectively, over
the next 30 years. Our infrastructure must be ready for this
expected growth in order for the U.S. to remain globally
competitive.
Nationwide, the benefits-to-cost ratio for flood protection
projects is 7.95-to-1. Average annual flood damage prevented
through the Corps mission is estimated at $47.7 billion
(between FY 2005-2014).
Corps reservoirs are authorized to hold 9.8 million acre
feet of municipal and industrial water supply and produce 25%
of the nation's hydropower (3% of total U.S. electric
capacity).
In a February 10, 2016 hearing on ``The Importance of
Enacting a Water Resources Development Act,'' the Committee
heard from users of water resources infrastructure about the
need to improve and maintain that infrastructure, and the need
for innovative ways to let project sponsors help keep that
infrastructure operational. The Committee also heard about the
tremendous economic benefits the nation derives from water
resources infrastructure, as well as the jobs created and
economic benefits derived when the federal government invests
in water resources infrastructure.
In a March 16, 2016, hearing on ``The Water Resources
Development Act--Policies and Projects,'' the Committee heard
from the Assistant Secretary of the Army and the Chief of
Engineers regarding the projects submitted to Congress.
Implementing the reforms of Water Resources Reform and Development Act
of 2014
The most recent WRDA bill was the Water Resources Reform
and Development Act of 2014 (WRRDA 2014), enacted as P.L. 113-
121 in June 2014.
One of the reforms enacted in WRRDA 2014 is a new process
for initiating the authorization of water resources development
projects, project modifications, and studies. Under Section
7001 of that legislation, Congress called for the Secretary of
the Army to submit an annual report to the congressional
authorizing committees of potential and publicly submitted
study and project authorizations and revisions for Congress to
consider for authorization. WRRDA 2014 further required the
Corps to include in the annual report an identification of
those study and project authorizations and revisions that are
related to the mission of the Corps of Engineers and require
Congressional authorization. The first annual report was
delivered to Congress in February 2015. The second annual
report was delivered in February 2016. Implementing this new
process, WRDA 2016 authorizes 26 new studies and modifications
approved by the Secretary for submission to Congress under
section 7001 of WRRDA 2014, as well as 27 new projects and 4
project modifications recommended in reports of the Chief of
Engineers and Director of Civil Works.
WRRDA 2014 also included important reforms to increase
flexibility for non-Federal sponsors of Corps projects and
accelerate project delivery. Not all of those reforms have been
implemented. In particular, the Corps has not yet issued
implementation guidance relating to acceleration of project
delivery, expediting the approval of modifications and
alterations of Corps projects, vegetation management, levee
certifications, and levee safety. WRRDA 2014 also included
significant changes to the Harbor Maintenance Trust Fund which
are also awaiting implementation guidance. The Committee also
is concerned about the Corps' failure to reach out to
interested stakeholders regarding implementation guidance. For
example, the Committee expects the Corps to reach out to levee
districts when developing guidance related to levee systems,
such as vegetation management.
As described below, WRDA 2016 builds on the reforms of
WRRDA 2014 and, through authorities under the Corps of
Engineers civil works program, addresses the projects and
policies necessary to meet our nation's navigation, flood
control, ecosystem restoration, and water supply needs.
Given the importance of Corps' programs and projects, the
Committee places a high priority on enactment of a Water
Resources Development Act (WRDA) every two years. The biennial
WRDA authorization is also important to the non-federal
stakeholders who rely on the predictability of WRDA for the
timely authorization of Chief's Reports, and needed project
modifications. S. 2848 meets that objective.
EPA Safe Drinking Water Act and Clean Water Act programs
The Federal Water Pollution Control Act (Clean Water Act or
CWA), first enacted in 1948 and significantly amended in 1972
to take its current form, establishes a framework for
protecting water quality based on a comprehensive State-Federal
program to control the discharges of pollutants into waterways
and to provide Federal financial assistance to improve water
quality and comply with the requirements of the Act.
Our nation's wastewater infrastructure includes 16,000
publicly owned wastewater treatment plants, 100,000 major
pumping stations, 600,000 miles of sanitary sewers, and 200,000
miles of storm sewers. Initial efforts under the CWA focused on
bringing all communities into compliance with secondary
treatment standards for the discharge of sewage. This effort
was supported by federal grants totaling over $60 billion
between 1973 and 1987.
The 1987 amendments to the CWA shifted federal assistance
away from grants and created state revolving loan funds. Under
these amendments, each state receives a grant each year from
Congress to capitalize its own state revolving fund. The states
then use these funds to make low interest loans to communities
to help with CWA compliance. States also may use a portion of
the funding to provide additional subsidies for disadvantaged
communities (as determined by the State).
Through Fiscal Year 2016, Congress has provided $40.4
billion in capitalization grants for the state SRFs, including
$1.394 billion in FY 2016. States provide an additional 20% in
matching funds.
The Safe Drinking Water Act (SDWA), first enacted in 1974,
authorizes EPA to establish maximum contaminant levels for
drinking water to protect public health. SDWA standards apply
to community water systems that have at least 15 service
connections or serve at least 25 people per day for 60 days of
the year.
To help communities meet the health based requirements of
the SDWA, in 1996, that statute was amended to add a state
revolving loan fund program, the Drinking Water SRFs. Like the
Clean Water SRFs, the Drinking Water SRFs provide low interest
loans to community water systems. States also may use a portion
of the funding to provide additional subsidies for
disadvantaged communities (as determined by the State).
Through Fiscal Year 2016, Congress has provided $19.86
billion in capitalization grants for the state SRFs, including
$863 million in FY 2016. States provide an additional 20% in
matching funds.
In its ``needs surveys,'' EPA has identified $384 billion
in drinking water needs and $271 billion in wastewater needs
over the next 20 years based on capital improvement plans
developed by local utilities.
For sewer infrastructure, the needs are especially urgent
for many areas trying to remedy the problem of combined sewer
overflows (CSOs) and sanitary sewer overflows (SSOs), often
associated with systems with insufficient capacity to address
wet weather conditions, and for communities lacking sufficient
independent financing ability.
In an April 7, 2016 on ``The Federal Role in Keeping Water
and Wastewater Infrastructure Affordable,'' the Committee heard
that our nation's ability to provide clean water and safe
drinking water is being challenged, as our existing national
wastewater infrastructure is aging, deteriorating, and in need
of repair, replacement, and upgrading.
The Committee also heard suggestions for improving EPA's
approach to evaluating the affordability of infrastructure
improvements.
Witnesses recommended financial support through grants and
the state revolving loan funds, a different approach to
determining the affordability of infrastructure investments,
and the use of integrated planning and green infrastructure to
help make infrastructure more affordable. Witnesses also
recommended that federal grant assistance be targeted to those
most in need. Finally, witnesses expressed support for
innovative financing, like the Water Infrastructure Finance and
Innovations Act (WIFIA), enacted as part of WRRDA 2014. WIFIA
allows EPA to make secured loans for drinking water and
wastewater infrastructure, desalination, water recycling, and
aquifer recharge and allows the Corps of Engineers to make
secured loans for flood control, navigation, and ecosystem
restoration.
Investments in water infrastructure are essential for
protecting public health and the environment. However, these
investments also have economic benefits. In addition to
recommendations for making infrastructure improvements
affordable, the Committee received the results of a study
carried out by the Water Environment Federation (WEF) and the
WaterReuse Association regarding the economic benefits of
investing in water and sewer infrastructure through the state
revolving loan funds. This study used the IMPLAN model, which
was originally developed by the U.S. Forest Service in 1972 and
is used by thousands of federal, state, and local government
agencies to help make informed decisions and assess the
potential impacts of policy and tax decisions on the economy.
According to the WEF/WaterReuse Association study, the IMPLAN
captures the effect of spending as it ripples through the
economy:
For example, utility spending of SRF funds results in
direct spending on construction contractors (direct effect).
The construction contractors then spend this money on goods and
services that they need to operate their businesses (indirect
effect). Direct and indirect spending generate employment,
creating additional income for households that generates even
more spending (the induced effect). The total economic impact
is the sum of direct, indirect, and induced effects. This
generates federal, state, and local tax revenues.
Assuming $34.7 billion in combined Clean Water and Safe
Drinking Water SRF federal investments between 2017 and 2021,
the IMPLAN model estimates that this level of investment will
generate $7.43 billion in federal tax revenues. ``Thus, for
every federal dollar of federal SRF spending, 21.4% is returned
to the federal government in the form of taxes.''
The federal investment is only 23% of total SRF spending,
which includes state matching funds and program loan
repayments. Thus, $34.7 billion in federal capitalization
grants would leverage an additional $116.2 billion in state
spending ($151 billion total). The IMPLAN model shows that this
overall investment, made possible by the initial federal
investment, would result in $32.3 billion in federal tax
revenue. ``Thus, when leveraged state program funds are taken
into account, every dollar of federal SRF spending results in
$0.93 in federal tax revenue.''
The WEF/WaterReuse Association study also evaluated
increased employment and labor income, and economic output
resulting from federal investments in the SRFs. They concluded
the following:
On average, 16.5 jobs are generated for every
million dollars in SRF spending. The proposed $34.7 billion
federal allocation will result in 506,000 jobs.
SRF spending generates high-paying jobs each job
is estimated to bring about $60,000 in labor income.
Every million dollars of SRF spending results in
$2.95 million in output for the U.S. economy. Thus, the
proposed $34.7 billion federal allocation will generate $102.7
billion in total economic output.
This study and others demonstrate that investments in
drinking water and wastewater infrastructure are not only
beneficial to public health and the environment, they have
significant economic benefits.
As described below, WRDA 2016 includes authorities and
programs to support drinking water and wastewater
infrastructure and to make investments in that infrastructure
more affordable. The legislation also includes a measure to
address lead in drinking water.
Water supply and innovative technology
Many states, particularly in the west, have experienced a
prolonged drought. That has led to calls for ways to increase
available supplies of water. In an April 20, 2016, hearing on
``New Approaches and Innovative Technologies to Improve Water
Supply'' the Committee heard from witnesses about the benefits
of innovative technologies, including desalination and water
reuse and recycling, as well as the authorities of the Corps of
Engineers to assist with water supply needs.
As described below, WRDA 2016 supports the use of
innovative technologies, increasing water supplies, and
addressing drought.
Objectives of the Legislation
The objectives of S. 2848 are to meet the nation's needs
for navigation, flood control, ecosystem restoration, drinking
water, and clean water infrastructure, while also expanding
drinking water supplies through innovative technologies and
drought preparedness.
Section-by-Section Analysis
Section 1. Short title; Table of contents
Section 1 states that the Act may be cited as the ``Water
Resources Development Act of 2016'' and includes a Table of
Contents.
Sec. 2. Definition of Secretary
Section 2 defines the term ``Secretary'' for the purposes
of the Act as the Secretary of the Army.
Sec. 3. Limitations
Section 3 makes it clear that the Act does not supersede
written agreements with the Federal government; supersede or
modify any multistate water control plan; affect water rights;
preempt or affect State water law or interstate compacts
governing water; or affect any other authority of a State to
manage water resources within the State.
TITLE I--PROGRAM REFORMS
Sec. 1001. Study of water resources development projects by non-federal
interests
Section 1001 authorizes the Secretary to provide technical
assistance to a non-federal sponsor that is developing its own
feasibility study under section 203 of WRDA 1986.
Sec. 1002. Advanced funds for water resources development studies and
projects
Section 1002 expands the existing authority of the
Secretary to accept funds from states and local governments to
carry out water resources projects to apply to all projects
(not just flood control) and expands the definition of state to
include territories and Indian Tribes.
Sec. 1003. Authority to accept and use materials and services
Section 1003 amends the section 1024 authority of the
Secretary in WRRDA 2014 to accept and use materials and
services donated by non-federal interests to include funds and
to allow the donated funds, materials and services to address
any risks to the functioning of the project, not just
emergencies.
Sec. 1004. Partnerships with non-federal entities to protect the
federal investment
Section 1004 authorizes the Secretary to establish
partnerships with non-federal interests to allow the non-
federal interests to help address the backlog of maintenance at
Corps projects by maintaining the projects at their own
expense.
Sec. 1005. Non-federal study and construction of projects
Section 1005 authorizes the Secretary to accept non-federal
funds to help non-federal sponsors that are developing their
own feasibility study under section 203 of WRDA 1986 or
carrying out the construction of an authorized federal water
resources project under section 204 of WRDA 1985 with related
environmental reviews and other federal requirements. Such
funds would be eligible for credit or reimbursement.
Sec. 1006. Munitions disposal
Section 1006 clarifies the Corps of Engineers' authority to
dispose of munitions that may be found washed up on beaches in
the area where the Corps of Engineers is carrying out a water
resources project by allowing the Corps to proceed using its
own funding and seek reimbursement from responsible Department
of Defense elements.
Sec. 1007. Challenge cost-sharing program for management of recreation
facilities
Section 1007 authorizes the Secretary to allow service
providers to operate Corps recreation facilities and collect
and keep user fees for that purpose, allowing parks closed due
to budget cuts to reopen.
Sec. 1008. Structures and facilities constructed by the secretary
Section 14 of the Rivers and Harbors Act of 1899, codified
at 33 U.S.C. 408, prohibits certain activities that take
possession of, use, damage, or ``in any manner whatever impair
the usefulness of'' certain features at a Corps of Engineers
project. The statute references ``any sea wall, bulkhead,
jetty, dike, levee, wharf, pier, or other work built by the
United States'' and certain other objects serving particular
functions. Under the Corps' implementation of the statute, non-
federal entities seeking to alter, use, or cross a federal
water resources project must obtain permission from the
Secretary (known as a section 408 permit). Section 1007 of
WRRDA 2014 requires the Secretary to establish benchmark goals
for completing section 408 permits in a timely fashion. This is
another section of WRRDA 2014 that the Corps has not yet
implemented.
Until recently, the District Engineer could approve
alterations to local flood control projects under 33 C.F.R.
208.10. In July 2014, the Corps issued Engineering Circular No.
1165-2-216, which purports to supersede the regulation
promulgated at 33 C.F.R. 208.10, and require all alterations of
Corps projects to receive a 408 permit. The Committee has heard
concerns from stakeholders about the new process.
Under section 1008 of WRDA 2016 if section 408 applies to a
proposal to alter a local flood control works a decision may be
made at the District level. If a review under the National
Environmental Policy Act of 1969 (NEPA) is required and the
Corps is not the lead agency for the review, this section
requires the Corps, to the maximum extent practicable, to
conduct its review concurrently, as a cooperating agency, using
the same environmental documents.
The Committee also notes that the Corps has many
authorities that protect Corps projects. The Committee directs
the Corps to ensure coordination of these authorities,
including section 10 of the Rivers and Harbors Act of 1899,
with any review under section 408.
The Committee is aware of concerns that the Corps in some
instances does not allow the use of electronic signatures for
408 permits even though federal law recognizes the validity of
electronic signatures and in 1998 Congress passed legislation,
the Government Paperwork Elimination Act (44 U.S.C. 3504 note;
P.L. 105-277) to encourage agencies to use electronic
signatures. The Committee directs the Secretary to provide an
explanation to the Committee why electronic signatures are not
being used by all Corps Districts, consistent with the
Government Paperwork Elimination Act.
Sec. 1009. Project completion
Section 1009 raises the authorization ceiling for projects
authorized under Section 219 of WRDA 1992 that are already
under construction and need an increased authorization to allow
completion of the project.
Sec. 1010. Contributed funds
Section 1010 amends the authority of the Secretary under 33
U.S.C. 701h to accept funds from non-Federal interests to allow
the Secretary to accept non-Federal funds whether or not
Federal funds have been appropriated for a project. This
section also streamlines the approval process for acceptance of
funds by replacing Congressional pre-notification with
notification in an annual report.
Sec. 1011. Application of certain benefits and costs included in final
feasibility studies
Section 1011 requires the Corps to use the economic
analyses conducted under section 6009 of the 2005 Emergency
Supplemental Appropriations Act (Public Law 109-13), which
directed the Corps to include the value of energy exploration
and production and transportation cost savings resulting from
larger navigation channels in their analysis of project
benefits.
Sec. 1012. Leveraging federal infrastructure for increased water supply
The Committee heard concerns about the need to increase
available supplies of water and the potential to use existing
water resources infrastructure to increase water supplies. To
facilitate consideration of such use, section 1012 directs the
Secretary to review proposals to increase water supplies by
increasing storage capacity, modifying project management, or
accessing water that has been released. The non-Federal
interest can contribute funds to the Corps to defray the costs
of review of a proposal. Proposals can only be approved under
existing Corps authorities (no new authority is created). This
section does not supersede any requirements of current law,
including public participation requirements under WRDA 1988 and
WRDA 1990. The Committee notes that under current law separate
Congressional approval is required if a project would seriously
affect project purposes or involve major structural or
operational changes. This section does not authorize the
Secretary to approve such projects.
If a proposal is approved under the existing authorities
listed in subsection (c), 100 percent of the cost of
implementation is borne by the non-Federal interest. Future
operation and maintenance paid the non-Federal interest is only
the separable cost attributable to the alternation. The
provision does not apply to the Upper Missouri River reservoirs
or reservoirs in the Apalachicola-Chattahoochee-Flint river
system and the Alabama-Coosa-Tallapoosa river system.
This section applies only to proposals to increase
available water supplies. Proposals to reallocate existing
supplies of water are not eligible for consideration under this
section so no existing project sponsors or beneficiaries would
be affected. Further, as provided in section 3 of this Act,
this authority does not supersede written agreements with the
Federal government; supersede or modify any multistate water
control plan; affect water rights; preempt or affect State
water law or interstate compacts governing water; or affect any
other authority of a State to manage water resources within the
State.
Sec. 1013. New England District Headquarters
The Corps of Engineers has funding available to upgrade its
facilities. However, to use those funds, it needs Congressional
authorization. Section 1013 authorizes use of the Plant
Replacement Improvement Program Revolving Fund to construct a
new headquarters for the New England District.
Sec. 1014. Buffalo District Headquarters
The Corps of Engineers has funding available to upgrade its
facilities. However, to use those funds, it needs Congressional
authorization. Section 1014 authorizes use of the Plant
Replacement Improvement Program Revolving Fund (these are
existing funds) to construct a new headquarters for the Buffalo
District.
Sec. 1015. Completion of ecosystem restoration projects
The Committee heard concerns from non-Federal sponsors
about the requirement to maintain ecosystem restoration
projects in perpetuity. As with compensatory mitigation
projects under the Clean Water Act, the Committee believes that
ecosystem restoration can be completed, alleviating the need
for perpetual maintenance. Section 1015 establishes a process
for determining when an ecosystem restoration project is
complete by amending the requirement for monitoring ecosystem
restoration projects in section 2039 of WRDA 2007 to develop
ecological success criteria and to allow operation and
maintenance of the project to be concluded 10 years after the
ecological success criteria are met.
Sec. 1016. Credit for donated goods
The Committee heard concern that the Corps is refusing to
credit towards a non-Federal share of project costs the value
of lands or other materials if the non-Federal sponsor received
the lands or materials as donations. This section requires the
Corps to use the value of in-kind contributions, rather than
the cost incurred by the non-Federal sponsor, when calculating
the amount of credit a non-Federal interest will receive for
in-kind contributions.
Sec. 1017. Structural health monitoring
Section 1017 directs the Secretary to develop a structural
health monitoring program to assess and improve the condition
of water resources infrastructure. The Committee expects the
Secretary to consult with academic and other experts and use
models and research to carry out this section.
Sec. 1018. Fish and wildlife mitigation
Section 1018 amends section 906 of WRDA 1996 to include
habitat connectivity as a component of voluntary programmatic
mitigation plans authorized under that section. Nothing in this
section requires consideration of habitat connectivity when
developing mitigation plans under any other section of law. In
adding habitat connectivity to these voluntary plans, the
Committee does not intend to the Secretary to require any
retrofitting or modification of existing projects.
Under current law a voluntary programmatic mitigation plan
may include standard measures for mitigating impacts. This
section amends that provision of law to include habitat
connectivity. To assist in the development of voluntary
programmatic mitigation plans that include habitat
connectivity, the Committee directs the Secretary to convene a
workshop that is open to all interested members of the public
as well as representatives of the U.S. Fish and Wildlife
Service, States, including State fish and game departments, and
interested local governments. This workshop should be used to
obtain input on metrics that reflect the best available
scientific information for evaluating habitat connectivity and
incorporating such measures in voluntary programmatic
mitigation plans.
Section 1018 also authorizes the use of preconstruction
engineering and design funds for fish and wildlife mitigation.
Sec. 1019. Non-Federal interests
Section 1019 amends section 221 of the Flood Control Act of
1970 to allow Alaska Native villages and regional and village
corporations to be non-Federal sponsors of Corps projects.
Sec. 1020. Discrete segment
Section 204 of WRDA 1986 allows non-Federal interests to
construct Corps projects and seek credit for or reimbursement
of the funds they expend if they meet the requirements of
section 204(d) (which include a determination of feasibility
and compliance with all Federal laws and regulations, approval
of the construction plans, and a written partnership agreement
under section 221 of the Flood Control Act of 1970). Section
211 of WRDA 1996 provides similar authority for flood control
projects only. Section 204 authorizes credit or reimbursement
for ``a projects or separable element.'' Section 211 authorizes
credit or reimbursement for ``work.'' Under Policy Guidance
Letter No. 53--Implementation of Section 211 of the Water
Resources Development Act of 1996, dated December 9, 1997, the
Corps interprets the term ``work'' to mean a discrete segment
of a project for the purpose of credit or reimbursement.
Section 1020 amends section 204 of WRDA 1986 to make the credit
and reimbursement authority under that section consistent with
section 211 of WRDA 1996 by authorizing credit or reimbursement
for discrete segments, as defined in Policy Guidance Letter No.
53.
Sec. 1021. Funding to process permits
Section 1021 amends section 214 of WRDA 2000 to allow rail
carriers to provide funding to the Corps to defray costs of
reviewing permits under jurisdiction of the Department of the
Army.
Sec. 1022. International outreach program
Section 1022 amends 401 of WRDA 1992 to authorize the
Secretary to facilitate transfer of technology from other
countries that could improve water resources development in the
United States.
Sec. 1023. Wetlands mitigation
Section 1023 amends section 2036 of WRDA 2007 to require
the Secretary to issue guidance regarding credits available
from mitigation banks and in-lieu fee programs and provides
that mitigation banks and in-lieu fee programs be considered
reasonable alternatives when planning water resources
development projects.
Sec. 1024. Use of youth service and conservation corps
Section 1024 amends section 213 of WRDA 2000 to direct the
Secretary to encourage cooperative agreements with youth
service and conservation corps.
Sec. 1025. Debris removal
Section 1025 amends section 3 of the Rivers and Harbors Act
of March 2, 1945 to expand the Corps' debris removal authority
to include debris adjacent to the Federal channel that would
affect the navigability of the channel.
Sec. 1026. Aquaculture study
The Committee has heard concern about the regulation of
shellfish hatcheries, particularly by the Seattle District of
the Corps of Engineers and the Districts with jurisdiction over
the Chesapeake Bay. Section 1026 requires the Government
Accountability Office (GAO) to study the differing regulatory
treatment of shellfish hatcheries across Corps districts.
In addition to the other requirements included in this
section, while undertaking review of the Chesapeake Bay study
area the Comptroller General shall also include a review of the
National Oceanic and Atmospheric Agency's (NOAA) 2004
Chesapeake Bay Oyster Management Plan and the Regional General
Permit (RGP) developed by the U.S. Army Corps of Engineers and
the State of Maryland in 2011 and the effectiveness in oyster
aquaculture permitting. This review shall consider differences
in the oyster aquaculture application process and industry in
different areas of the Chesapeake Bay.
Sec. 1027. Levee vegetation
Section 1027 amends section 3013 of WRRDA 2014 to clarify
the levee vegetation management policy adopted under that
section by prohibiting the Corps from requiring or carrying out
vegetation removal (unless there is an unacceptable safety
risk) until they issue new guidelines. The Committee is
concerned about the Corps' failure to issue new vegetation
management guidelines and this section requires the Corps to
explain why they have failed to develop the new guidelines
required in WRRDA 2014.
Sec. 1028. Planning assistance to States
Section 1028 amends section 22 of WRDA 1974 to clarify that
the authority under that section to provide planning assistance
to states also includes authority to provide assistance to
regional or national consortia of states.
Sec. 1029. Prioritization
Section 1029 amends section 1011 of WRRDA 2014 to clarify
that the prioritization of hurricane and storm damage reduction
efforts in that section includes restoration of wetlands as
well as loss of wetlands. This section also updates the
deadline for a report to Congress on implementation of this
section and requires an additional report on the implementation
of the ecosystem restoration prioritization requirements of
that section, including a list of programmatic ecosystem
restoration authorities that meet the prioritization
requirements in this section.
Sec. 1030. Kennewick Man
Section 1030 requires the Corps to repatriate the Kennewick
Man (a 9000 year old skeleton found by the Corps of Engineers)
to the tribes that scientific studies have demonstrated are
descendants.
Sec. 1031. Review of Corps of Engineers assets
Section 1031 requires the review of Corps assets required
in section 6002 of WRRDA 2014 to include a review of the
economic, cultural, historic, or recreational significance of
the assets.
Sec. 1032. Review of reservoir operations
The purpose of section 1032 is to encourage the Corps to
update reservoir management based on best available science to
better address drought conditions, without adversely affecting
any other authorized purpose.
Under Corps guidance these manuals are to be reviewed every
ten years and revised as needed to account for demographic,
hydrologic, environmental, and technological changes that have
occurred within the basins. Updates must comply with regulatory
requirements, NEPA and the public involvement requirements of
section 5 of WRDA 1988 and section 310 of WRDA 1990.
The Committee is concerned that the Corps does not
regularly update its water control manuals and as a result many
manuals may include flood forecasting rule curves that may be
outdated. This is a concern in areas that are enduring
prolonged drought conditions because an outdated flood
forecasting rule curve may result in the release of more water
to create flood storage than is necessary to provide flood
protection, making that water unavailable to address other
authorized purposes, including water supply needs aggravated by
drought.
Section 1032 directs the Secretary to review Corps
reservoir operations, upon the request of a non-Federal
interest, with a priority for areas with prolonged drought and
reservoirs for which no review has occurred in the prior 10
years. The review is to evaluate improving weather forecasting
and run-off forecasting. If the Secretary determines that use
of best available science will improve one or more authorized
purposes of the reservoir, the Secretary is directed to update
the manual to incorporate such best available science. The
Secretary is authorized to accept non-Federal funds to review
reservoir operations and update operation manuals.
This section requires consultation with project sponsors
with operation and maintenance responsibilities, entities with
storage entitlements, and agencies with downstream flood
control responsibilities. This section does not supersede any
requirements of current law, including public participation
requirements under WRDA 1988 and WRDA 1990. This section does
not permit a manual update that negatively affects the
authorized project purposes, including flood control and
navigation purposes. It does not authorize any project or
activity not already authorized, and does not modify any
obligation under current law. Further, as provided in section
3, this section does not supersede written agreements with the
Federal government; supersede or modify any multistate water
control plan; affect water rights; preempt or affect State
water law or interstate compacts governing water; or affect any
other authority of a State to manage water resources within the
State. Finally, this section does not apply to the Upper
Missouri River reservoirs or reservoirs in the Apalachicola-
Chattahoochee-Flint river system and the Alabama-Coosa-
Tallapoosa river system.
Sec. 1033. Transfer of excess credit
Section 1033 modifies section 1020 of WRRDA 2014 to clarify
the authority to transfer credit between projects.
Sec. 1034. Surplus water storage
Section 1049(c) of WRRDA 2014 prohibits the Secretary from
charging for surplus water stored in the Upper Missouri
Mainstem Reservoirs for 10 years. The Committee has heard
concerns about access to water in those reservoirs and the time
required for new contracts for surplus water. Section 1034
places time limits on the response of the Corps to requests for
contracts for surplus water from these reservoirs.
Sec. 1035. Hurricane and storm damage reduction
Section 1035 amends section 3 of the Act of August 13, 1946
to increase the per project limit for the continuing authority
for hurricane and storm damage reduction projects from $5
million to $10 million.
Sec. 1036. Fish hatcheries
Section 1036 authorizes the Secretary to carry out
additional activities at fish hatcheries at 100 percent non-
Federal cost.
Sec. 1037. Feasibility studies and watershed assessments
Section 1037 amends the reporting requirement in section
1001(d) of WRRDA 2014 for studies that exceed 3 years or $3
million to be an annual report.
This section also amends sections 105 and 729 of WRDA 1986
to authorize the Secretary to expend the first $100,000 in
costs for a feasibility study or a watershed assessment at
federal expense. The Committee heard from non-Federal interests
that because the Corps is funded on a project basis, the Corps
could not even talk to non-Federal interests about prospective
projects without signing a feasibility study cost-sharing
agreement. The Committee intends the Secretary to use this
authority to communicate with prospective non-Federal sponsors
to identify the scope of a prospective project and identify the
federal interest, not to reinstate the reconnaissance phase of
a project that was repealed in WRRDA 2014.
Sec. 1038. Shore damage prevention or mitigation
Section 1038 amends section 111 of the River and Harbor Act
of 1968 to clarify that feasibility studies under this
authority are cost-shared in the same proportion as
construction of projects. The section also provides that if a
non-Federal interest expends more than its share of those study
costs, it is eligible for reimbursement of those excess costs.
TITLE II--NAVIGATION
Sec. 2001. Projects funded by the Inland Waterways Trust Fund
Because Olmsted Lock and Dam is the only inland waterways
project for which the President is budgeting and that high cost
project will not be completed until 2022, section 2001 prevents
other inland waterways projects from being automatically
deauthorized under section 102 of WRDA 1986 until after Olmsted
is substantially complete, which will free up funding for other
inland waterways projects.
Sec. 2002. Operation and maintenance of fuel-taxed inland waterways
Section 2002 amends section 102 of WRDA 1986 to allow a
non-Federal interest to receive credit or reimbursement for
carrying out the Federal operations and maintenance
responsibility for structures associated with authorized
hurricane and storm damage risk reduction projects that bisect
an inland or intracoastal waterway.
Sec. 2003. Funding for Harbor Maintenance programs
Section 2003 amends section 2101 of WRRDA 2014 to clarify
the target appropriations from the Harbor Maintenance Trust
Fund in the event that appropriations in the prior year
decrease.
Sec. 2004. Dredged material disposal
33 C.F.R. 335.7 defines the Federal standard for dredged
material disposal as follows: ``Federal standard means the
dredged material disposal alternative or alternatives
identified by the Corps which represent the least costly
alternatives consistent with sound engineering practices and
meeting the environmental standards established by the
404(b)(1) evaluation process or ocean dumping criteria.''
The section 404(b)(1) guidelines found in 40 C.F.R. 230
state in subsection (b) that ``No discharge of dredged or fill
material shall be permitted if it:
(1) Causes or contributes, after consideration of disposal
site dilution and dispersion, to violations of any applicable
State water quality standard''.
Under 33 C.F.R. 336.1(c)(1) ``[i]t is the Corps' policy to
regulate the discharge of dredged material from its projects to
assure that dredged material disposal occurs in the least
costly, environmentally acceptable manner, consistent with
engineering requirements established for the project.''
Section 2004 affirms and enforces these existing
requirements by requiring dredged material disposal to meet
applicable state water quality standards.
Sec. 2005. Cape Arundel Disposal Site, Maine
Section 2005 extends the temporary authorization to use a
dredged material disposal site for an additional 5 years. This
provides time for the non-Federal interests in the two New
England states that rely on this site to obtain a permanent
designation by the EPA for this site or another to replace it
and avoid shutting down maintenance of navigation projects in
New England.
Sec. 2006. Maintenance of harbors of refuge
Section 2006 clarifies that the Corps has authority to
maintain all federally authorized harbors of refuge. This
authority exists regardless of whether the authorization of an
individual project expressly includes maintenance authority
and, in the case of harbors that no longer meet their
authorized dimensions, authorizes maintenance to restore the
authorized dimensions of the harbor.
Sec. 2007. Aids to navigation
Section 2007 directs the Secretary to consult with the
Coast Guard regarding aids to navigation on the Ouachita-Black
Rivers and report to Congress on the outcome of that
consultation.
Sec. 2008. Beneficial use of dredged material
Section 204 of WRDA 1992 authorizes cost-shared projects
for the beneficial use of sediment obtained from a Federal
water resources projects. This section was amended by section
1038 of WRRDA 2014 to modify subsection (d), which authorizes
cost-shared disposal of sediment from a Federal water resources
project for purposes related to environmental restoration or
storm damage and flood reduction.
The Committee has heard concerns that Corps Districts are
not aware that subsection (d) is a disposal authority, not a
project development authority, and therefore does not include
requirements for perpetual operation and maintenance or
renourishment of projects.
Section 2008 clarifies that under section 204(d) dredged
material disposal is not a project that requires operation and
maintenance and can be a single application of sediment.
Section 2008 also clarifies that the Secretary may accept
funds to dispose of dredged material at 100 percent non-Federal
cost if the disposal area is not eligible for Federal cost-
sharing (such as a private beach).
Sec. 2009. Operation and maintenance of harbor projects
Section 2009 extends the 10% set aside from the Harbor
Maintenance Trust Fund for emerging harbors in section 210 of
WRDA 1986 to 2025.
Sec. 2010. Additional measures at donor ports and energy transfer ports
Section 2010 extends the authority to provide additional
funds for donor ports and energy transfer ports in section 2106
of WRRDA 2014 to 2025.
Sec. 2011. Harbor deepening
Section 2011 amends section 101 of WRDA 1986 to align the
cost share for construction of harbors with the change in WRRDA
2014 modifying the cost-share for maintenance of harbors.
Sec. 2012. Operations and maintenance of inland Mississippi River ports
Section 2012 authorizes dredging of shallow draft ports
located on the inland Mississippi River to the respective
authorized widths and depths.
Sec. 2013. Implementation guidance
Section 2013 requires the Corps to issue guidance to
implement section 2102 of WRRDA 2014 (relating to maintenance
of emerging ports and Great Lakes ports).
Sec. 2014. Remote and subsistence harbors
Section 2014 amends the authority to that provides special
considerations for remote and subsistence harbors under section
2006 of WRDA 2007 to expand consideration of the benefits of
such harbors to include benefits to communities that will rely
on the project.
Sec. 2015. Non-Federal interest dredging authority
Section 2015 establishes a pilot program authorizing a non-
Federal interest to maintain a federal navigation project with
its own equipment and personnel and be eligible for
reimbursement directly related to performance of the work.
Reimbursement is not to exceed the actual fiscal year
appropriations for maintaining the project. All work carried
out by the non-Federal interest must be done pursuant to a
written agreement with the Secretary. This provision does not
change any Federal law or requirement applicable to maintenance
of a Federal navigation project. Therefore, a non-Federal
interest carrying out maintenance of a Federal navigation
project must comply with all requirements that would apply to
the Secretary if the Secretary were performing the work.
Sec. 2016. Transportation cost savings
Section 2016 requires a one-time requirement to identify
transportation cost savings achieved from maintaining harbors
and inland ports in the next report to Congress on harbor and
inland harbor needs required under WRDA 1986.
Sec. 2017. Dredged material
Section 2017 authorizes the placement of dredged material
in a location that does not meet the Federal standard under 33
C.F.R. 335 if any additional upfront costs will be offset by
the resulting environmental, flood protection, and resiliency
benefits. This section also bars the Secretary from requiring a
non-Federal entity to pay the increased costs associated with
such placement.
TITLE III--SAFETY IMPROVEMENTS
Sec. 3001. Rehabilitation assistance for non-Federal flood control
projects
Subsection (a) amends P.L. 84-99 to authorize the Secretary
to increase the level of protection when rebuilding a levee
under P.L. 84-99, if the additional costs are paid by the non-
Federal interest and the Chief of Engineers determines it is in
the public interest, including consideration of whether the
same levee has had to be rebuilt multiple times, whether there
is an opportunity to reduce risk of loss of life and property,
and whether there is an opportunity to reduce life cycle
rehabilitation costs.
In making a ``public interest'' determination related to
improvements to increase levels of protection, the Committee
directs the Chief of Engineers to consider whether the
increased level of protection could result from a realignment
or alteration of the levee section that would allow increased
conveyance of flood waters; and make a determination that the
action taken to increase the level of protection does not
increase flood risk on neighboring systems or communities,
including undertaking modeling to ensure that the increase in
flood protection will not increase flood risk for neighboring
systems or communities.
Subsection (a) also adds a definition of nonstructural
alternative to P.L. 84-99 that includes wetland, stream, and
coastal restoration and requires the Corps to notify non-
Federal interests of the opportunity to use non-structural
measures when implementing P.L. 84-99.
Subsection (b) authorizes the Secretary to carry out flood
control projects in coordination with work carried out under
P.L. 84-99, if the project has a completed report of the Chief
of Engineers determining that the project is feasible, and the
Secretary determines that the action is in the public interest.
Sec. 3002. Rehabilitation of existing levees
Section 3002 amends section 3017 of WRDA 2014 to authorize
the Secretary to carry out a pilot program for the Corps to
immediately address authorized hurricane and storm damage risk
reduction projects that are experiencing a reduction in the
authorized level of protection due to settlement, subsidence,
or sea-level rise.
Sec. 3003. Maintenance of high risk flood control projects
Section 3003 directs the Secretary to continue maintaining
high risk flood control projects, if the Secretary is already
responsible for such maintenance, until the risk is reduced.
Sec. 3004. Rehabilitation of high hazard potential dams
Section 3004 amends the National Dam Safety Program Act to
authorize FEMA to provide assistance to non-Federal sponsors
for the rehabilitation of high hazard potential dams in States
with a dam safety program, subject to a non-Federal cost share
of at least 35 percent.
TITLE IV--RIVER BASINS, WATERSHEDS, AND COASTAL AREAS
Sec. 4001. Gulf Coast oyster bed recovery plan
Section 4001 authorizes the Secretary, in coordination with
the Gulf States, to develop and implement a plan to assist in
the recovery of oyster beds along the Gulf coast that were
damaged by recent catastrophic events.
Sec. 4002. Columbia River
Subsection (a) amends section 536 of WRDA 2000 to increase
the authorization ceiling for ecosystem restoration studies and
projects for the Lower Columbia River in Oregon and Washington.
This authorization level is based on the Army Corps of
Engineers estimate to fulfill its obligations under the
biological opinion that is in place for recovery of endangered
salmon.
Subsection (b) amends section 104 of the River and Harbor
Act of 1958 to clarify that watercraft inspection stations
authorized to protect the Columbia River Basin from invasive
species may be located outside of the basin, if that is
necessary to prevent introduction of invasive species.
Subsection (c) fulfills an unmet Federal obligation by
authorizing assistance to the number of Indian families
displaced due to the construction of Bonneville Dam identified
in a report of the Corps of Engineers as having not previously
received relocation assistance. This subsection also authorizes
a study of Indian families displaced due to the construction of
John Day Dam to determine if there is an unmet obligation for
assistance associated with that dam.
Assistance authorized in this section includes authority
for the Secretary to provide housing and infrastructure
assistance to relocate the identified Indian families upon the
land transferred by the Department of Army to the Department of
Interior.
Subsection (d) authorizes a study of the Columbia River, to
address safety risks.
Sec. 4003. Missouri River
Subsection (a) directs the Corps to carry out a pilot
program, in partnership with the Bureau of Reclamation, for the
development and implementation of sediment management plans for
reservoirs in the Upper Missouri River Basin.
Subsection (b) directs the Corps to be the lead agency for
the drought monitoring program authorized in section 4003 of
WRRDA 2014.
Sec. 4004. Puget Sound nearshore ecosystem restoration
Section 4004 increases the per project limit for ecosystem
restoration studies and projects for the Lower Columbia River
in Puget Sound, authorized in section 544 of WRDA 2000, without
increasing the overall authorization ceiling.
Sec. 4005. Ice jam prevention and mitigation
Section 4005 authorizes the Secretary to carry out pilot
projects under the section 205 small flood control project
continuing authority program to address ice jam prevention and
mitigation, with a priority for the Upper Missouri River Basin.
Sec. 4006. Chesapeake Bay oyster restoration
Section 4006 increases the authorization ceiling for fish
and wildlife conservation studies and projects, including
projects in the Chesapeake Bay, authorized under section 704 of
WRDA 1986.
Sec. 4007. North Atlantic Coastal Region
Section 4007 clarifies the intent that the initial study of
aquatic ecosystem restoration projects along the Atlantic Coast
authorized in section 4009 of WRRDA 2014 be carried out at
federal expense.
Sec. 4008. Rio Grande environmental management program, Colorado, New
Mexico, and Texas
Section 4008 extends the authority for the Rio Grande
environmental management program in Colorado, New Mexico and
Texas, authorized in section 5056 of WRDA 2007, until 2024.
Initial studies are not expected to be completed until 2019
when the current authority expires.
Sec. 4009. Texas coastal area
Section 4009 directs the Secretary to consider information
developed by the Gulf Coast Community Protection and Recovery
District when carrying out a study authorized in section 4091
of WRDA 2007.
Sec. 4010. Upper Mississippi and Illinois Rivers comprehensive flood
risk management
Section 4010 authorizes a study of the levees along the
upper Mississippi and Illinois Rivers on a system-wide basis,
to evaluate the flood damage risks on a system-wide rather than
local basis, and justify projects on the system-wide basis.
This review was recommended by the Corps in a 2008 study and by
the Secretary in a 2009 letter to Congress. The purpose of a
system-wide study is to address the fact that a rehabilitation
of a levee at a single location often cannot be cost-justified
but each location is an integral part of a levee system that
provides essential flood protection benefits. The Midwest
flooding in 1993 caused 47 deaths and $15 billion in damages.
Sec. 4011. Salton Sea, California
Section 4011 removes the pilot designation from the Salton
Sea program authorized by section 3032 of WRDA 2007 and expands
the list of non-Federal interests that may cost-share a project
under this authority.
Sec. 4012. Adjustment
Section 4012 adjusts the boundaries of a project without
changing authorization of appropriations.
Sec. 4013. Coastal resiliency
Section 4013 amends the coastal resiliency program
authorized by section 4014 of WRRDA 2014 to give a priority to
areas threatened by sea level rise and to require interagency
coordination on coastal resilience.
Sec. 4014. Regional intergovernmental collaboration on coastal
resilience
Section 4014 authorizes the Secretary to conduct regional
assessments of coastal and back bay protection.
TITLE V--DEAUTHORIZATIONS
Sec. 5001. Deauthorizations
Section 5001 deauthorizes obsolete Federal water resources
projects or portions thereof.
(a) Valdez, Alaska
(b) Red River Below Dennison Dam, Arkansas,
Louisiana, and Texas
(c) Sutter Basin, California
(d) Stonington Harbor, Connecticut
(e) Green River Lock and Dam 3, Ohio and Muhlenberg
Counties, Kentucky
(f) Green River Lock and Dam 5, Butler and Warren
Counties, Kentucky
(g) Green River Lock and Dam 6, Edmonson County,
Kentucky
(h) Barren River Lock and Dam 1, Warren County,
Kentucky
(i) Port of Cascade Locks, Oregon
(j) Declaration of non-navigability for portions of
the Delaware River, Philadelphia, Pennsylvania
(k) Salt Creek, Graham, Texas
Sec. 5002. Conveyances
Subsections (a) and (b) authorize the Secretary to convey
real property owned by the Federal Government to non-Federal
interests at fair market value, subject to conditions ascribed
in the section.
(a) Pearl River, Mississippi and Louisiana
(b) Sardis Lake, Mississippi
Subsection (c) fulfills the non-Federal interest obligation
for a water supply contract.
(c) Joe Pool Lake, Texas
TITLE VI--WATER RESOURCES INFRASTRUCTURE
Sec. 6001. Authorization of final feasibility studies
These are projects that have a final signed Chief of
Engineers' Report indicating that the project is feasible,
i.e., it is in the federal interest, has a positive benefit to
cost ratio, and is technically and environmentally sound. These
projects are authorized to be carried out by the Secretary
substantially in accordance with the plan, and subject to the
conditions described in the respective reports designated in
this section and any provisions included in this Act.
(1) Navigation.--
1. Brazos Island Harbor, Texas
2. Calcasieu Lock, Louisiana
3. Portsmouth Harbor and Piscataqua River,
New Hampshire and Maine
4. Green and Barren Rivers, Kentucky
5. Port Everglades, Florida
6. Little Diomede, Alaska
7. Charleston Harbor, Charleston, South
Carolina
8. Craig Harbor, Alaska
(2) Flood risk management.--
1. Leon Creek Watershed, San Antonio, Texas
2. Armourdale and Central Industrial District
Levee Units, Missouri River and Tributaries,
Kansas City, Kansas and Kansas City, Missouri
3. City of Manhattan, Kansas
4. Upper Turkey Creek Basin, Merriam, Kansas
5. Princeville, North Carolina
(3) Hurricane and storm damage risk reduction.--
1. Town of Edisto Beach, Colleton County,
South Carolina
2. Flagler County, Florida--The project for
hurricane and storm damage reduction, Flagler
County, Florida
3. Bogue Banks, Carteret County, North
Carolina
4. Hereford Inlet to Cape May Inlet, New
Jersey Shoreline Protection, Cape May County,
New Jersey
5. West Shore Lake Pontchartrain, Louisiana
6. Encinitas-Solana Beach Coastal Storm
Damage Reduction, California
(4) Flood risk management and environmental
restoration.--
1. Upper Des Plaines River and Tributaries,
Illinois and Wisconsin
2. South San Francisco Bay, California
(5) Environmental restoration.--
1. Central Everglades Planning Project,
Florida
2. Lower Willamette River Environmental
Dredging, Oregon
3. Skokomish River, Mason County, Washington
4. Los Angeles River, California
Sec. 6002. Authorization of project modifications recommended by the
Secretary
Section 6002 authorizes project modifications for water
resources development and conservation and other purposes to be
carried out by the Secretary substantially in accordance with
the recommendations specified in the reports designated in this
section.
1. Turkey Creek Basin, Kansas and Missouri
2. Blue River Basin, (Dodson Industrial District)
Kansas City, Missouri
3. Picayune Strand, Florida
4. Ohio River Shoreline, Paducah, Kentucky
Sec. 6003. Authorization of study and modification proposals submitted
to Congress by the Secretary
Section 6003 authorizes feasibility studies and project
modifications for water resources development and conservation
and other purposes to be carried out by the Secretary in
accordance with proposals submitted to Congress under the
requirements of section 7001 of the WRRDA 2014.
Section 7001 of WRRDA 2014 requires the Secretary to
annually publish a notice in the Federal Register requesting
proposals from non-federal interests for project
authorizations, studies, and modifications to existing Corps of
Engineers projects. Further, it requires the Secretary to
submit to Congress and make publicly available an annual report
listing those activities received from non-federal interests
that are related to the missions of the Corps of Engineers and
require specific authorization by law. Additionally, section
7001 of WRRDA 2014 requires the Secretary to certify the
proposals included in the annual report meet the criteria
established by Congress in this section.
To date, the Secretary has provided Congress with two
reports, dated February 2015 and February 2016. In future
reports, the Committee directs the Secretary to provide
additional information related to the items included in the
report, including information on how the proposed projects,
studies, or modifications relate to the mission of the Corps of
Engineers, prior studies, and existing authorizations. Such
information will assist Congress in evaluating which projects,
studies, or modifications to authorize.
The information and recommendations contained in the
reports submitted to Congress is meant to assist Congress in
setting priorities and authorizing studies, projects, and
modifications of existing projects. The Committee reviewed both
reports submitted by the Secretary to Congress and has included
studies and modifications based on those submissions.
(a) Arctic Deep Draft Port Development Partnerships.
(b) Ouachita-Black Rivers, Arkansas and Louisiana.
(c) Cache Creek Basin, California.
(d) Coyote Valley Dam, California.
(e) Del Rosa Drainage Area, California.
(f) Merced County, California.
(g) Mission-Zanja Drainage Area, California.
(h) Santa Ana River Basin, California.
(i) Delaware Bay Coastline, Delaware and New Jersey-
Roosevelt Inlet-Lewes Beach, Delaware.
(j) Mispillion Inlet, Conch Bar, Delaware.
(k) Daytona Beach Flood Protection, Florida.
(l) Brunswick Harbor, Georgia.
(m) Savannah River Below Augusta, Georgia.
(n) Dubuque, Iowa.
(o) Mississippi River Ship Channel, Gulf to Baton
Rouge, Louisiana.
(p) St. Tammany Parish Government Comprehensive
Coastal Master Plan, Louisiana.
(q) Cayuga Inlet, Ithaca, New York.
(r) Chautauqua County, New York.
(s) Cincinnati, Ohio.
(t) Tulsa and West Tulsa, Arkansas River, Oklahoma.
(u) Johnstown, Pennsylvania.
(v) Chacon Creek, Texas.
(w) Corpus Christi Ship Channel, Texas.
(x) Trinity River and Tributaries, Texas.
(y) Chincoteague Island, Virginia.
(z) Burley Creek Watershed, Washington.
ADDITIONAL MATTERS RELATING TO THE CORPS OF ENGINEERS CIVIL WORKS
PROGRAM
The Committee is concerned that many Corps Districts appear
to be unaware that under Section 100226 of Public Law (P.L.)
112-141 (MAP-21), the Corps and the Federal Emergency
Management Agency (FEMA) were directed to form a Task Force to
establish processes to align the information and data collected
by or for the Corps Inspection of Completed Works (ICW) program
so it is sufficient to satisfy the FEMA National Flood
Insurance Program accreditation requirements specified in 44
Code of Federal Regulations (CFR) 65.10. Many Corps Districts
also are unaware of a 2014 Memorandum of Understanding between
FEMA and the Corps to implement the policy set forth in MAP-21.
In particular, Corps districts appear to be unaware that under
this MOU, ``[e]ach time USACE conducts a levee inspection,
USACE will identify when a levee system meets or does not meet
a specified subset of requirements in 44 CRF Section 65.10.''
Finally, Corps Districts appear to be unaware of the
requirement under Section 3014 of WRRDA 2014 to align the Corps
ICW program with the FEMA national flood insurance levee
certification program to the maximum extent practicable. These
obligations have been in place for several years. The Committee
expects Corps Headquarters to ensure that all Districts are
aware of their obligations under WRRDA 2014 and the MOU.
The Committee encourages the Corps of Engineers to remain
engaged in the design and construction of the project for
ecosystem restoration at the Lower Yellowstone project of the
Bureau of Reclamation, Intake, Montana, authorized by section
3109 of WRDA 2007.
The Committee requests the Secretary continue to work with
the Commonwealth of Massachusetts, the City of Boston, and the
Town of Brookline on outstanding issues related to the Muddy
River, Brookline, and Boston, Massachusetts project authorized
by Section 522 of the Water Resources Development Act of 2000.
TITLE VII--SAFE DRINKING WATER AND CLEAN WATER INFRASTRUCTURE
Sec. 7001. Definition of Administrator
Section 7001 defines the term ``Administrator'' as the
Administrator of the Environmental Protection Agency.
Sec. 7002. Sense of the Senate on appropriations levels and findings on
economic impacts.
Subsection (a) of section 7002 states that it is the Sense
of the Senate that Congress should provide robust funding
levels for the Safe Drinking Water and Clean Water State
Revolving Loan Funds.
Subsection (b) makes findings regarding the federal income
tax revenue, jobs, and economic output resulting from state
revolving loan fund capitalization grants, based on a study by
Water Environment Federation and WaterReuse Association using
the IMPLAN model that captures the effect of spending as it
moves through the United States economy. This study
demonstrates that investment in drinking water and wastewater
infrastructure provides significant economic benefits.
SUBTITLE A--DRINKING WATER
Sec. 7101. Preconstruction work
Section 7101 amends section 1452(a) of the Safe Drinking
Water Act to make planning, design, and associated
preconstruction activities, replacement or rehabilitation of
aging treatment, storage, or distribution facilities, and
public water system security measures eligible for assistance
under State drinking water revolving funds. This section also
affirms the use of state revolving loan funds as security for
state bonds.
Sec. 7102. Priority system requirements
Section 7102 amends section 1452(b) of the Safe Drinking
Water Act to add sustainability to the priorities under a State
intended use plan, and to give greater weight to loan
applications that include asset management plans and review of
restructuring options, as well as a demonstration of
consistency with watershed plans, water conservation plans, and
sustainability approaches.
Sec. 7103. Administration of State Loan Funds
Section 7103, amends section 1452(g) to authorize the use
of fees collected and the greatest of 4% of the capitalization
grant, 1/5th of the valuation of the fund, or $400,000, to be
used to administer a state fund.
Sec. 7104. Other authorized activities
Section 7104 amends section 1452(k) of the Safe Drinking
Water Act to make implementation of source water protection
plans an eligible use of assistance from a State revolving
fund.
Sec. 7105. Negotiation of contracts
Section 7105 amends section 1452 of the Safe Drinking Water
Act to apply the Brooks Act (which requires qualifications
based selection of architects and engineers) to contracts
funded by monies provided from a State revolving fund, if the
assistance is for a community with a population of more than
10,000.
Sec. 7106. Assistance for small and disadvantaged communities
Subsection (a) of section 7106 amends the Safe Drinking
Water Act to add a grant program to assist small and
disadvantaged communities in complying with the requirements of
the Safe Drinking Water Act. A priority is given to underserved
communities without basic drinking water or wastewater
services. This section authorizes $230 million for fiscal year
2017, and $300 million for each of fiscal years 2018 through
2021, for a total of $1.4 billion over five years.
Subsection (b) directs the Secretary of the Treasury to
transfer $20 million to EPA to begin implementation of this
program immediately.
Sec. 7107. Reducing lead in drinking water
Subsection (a) of section 7107 amends the Safe Drinking
Water Act to add a grant program for replacement of lead
service lines, testing, planning, corrosion control, and
education. Partial lead service line replacement is not
eligible for assistance. Assistance to low income homeowners to
remove the privately owned portion of the service line is
eligible for assistance. This section authorizes $60 million
for each of fiscal years 2017 through 2021, for a total of $300
million over five years.
Subsection (b) directs the Secretary of the Treasury to
transfer $20 million to EPA to begin implementation of this
program immediately.
Sec. 7108. Regional liaisons for minority, tribal, and low-income
communities
Section 7108 directs EPA to appoint liaisons for minority,
tribal, and low-income communities in each EPA region.
Sec. 7109. Notice to persons served
Section 7109 amends section 1414 of the Safe Drinking Water
Act to require the public water system, or the State, or EPA,
to notify the public of exceedances of lead action levels
within 15 days of the exceedence.
If there is a violation of the Act has the potential for
serious health effects, this amendment also requires notice to
the Center for Disease Control (CDC) and state and county
health agencies.
EPA also is authorized to provide notice of any lead
monitoring results to any person served by the public water
system and the local or State health department in a form that
protects individual consumer information.
Sec. 7110. Electronic reporting of drinking water data
Section 7110 amends section 1414 of the Safe Drinking Water
Act to require electronic reporting of compliance monitoring
data, where practicable, as a condition of the receipt of
funds.
Sec. 7111. Lead testing in school and child care drinking water
Section 7111 amends section 1464 of the Safe Drinking Water
Act to establish a voluntary school and child care lead testing
program and authorize $20 million a year for five years to
carry out that program.
Sec. 7112. WaterSense program
Section 7112 authorizes EPA's voluntary WaterSense program
that allows water efficient products, buildings, landscapes,
facilities, processes, and service to bear a ``WaterSense''
label.
When developing the criteria for the WaterSense label,
consideration should be given to ensure that the performance
criteria do not directly or indirectly contribute to the
degradation of waste streams treated by community sewer
systems.
Sec. 7113. Water supply cost savings
Section 7113 establishes a drinking water technology
clearinghouse to disseminate information on cost-effective,
innovative, and alternative drinking water delivery systems,
including systems that are supported by wells. This section
requires systems serving 500 or fewer persons to self-certify
that they have considered alternative drinking water supplies,
including wells, as a condition of receipt of Federal funds.
SUBTITLE B--CLEAN WATER
Sec. 7201. Sewer overflow control grants
Section 7201 reauthorizes section 221 of the Clean Water
Act, which authorizes grants for addressing combined sewer
overflows, sanitary sewer overflows, and stormwater discharges,
totaling $1.8 billion over five years.
Sec. 7202. Small and medium treatment works
Section 7202 adds new section 222 to the Clean Water Act to
establish a technical assistance program for small and medium
treatment works, to be carried out by qualified nonprofit
technical service providers tailored to meet the separate needs
of small and medium systems. This section authorizes $15
million a year for five years, totaling $75 million, to carry
out the small treatment works assistance program and $10
million a year for five years, totaling $50 million, to carry
out the medium treatment works assistance program.
This section also amends section 603 of the Clean Water Act
to authorize States to use up to 2 percent of their Clean Water
Act SRF allocation grant to support small and medium treatment
works technical assistance providers.
Sec. 7203. Integrated plans
Municipalities have long urged EPA to provide communities
with increased flexibility to comply with the Clean Water Act's
requirements. In January 2012, EPA responded to requests for
flexibility with a proposed framework, entitled Draft
Integrated Planning Approach Framework, to provide EPA, states,
and local governments with guidance to develop and implement
effective integrated planning approaches to municipal
wastewater and stormwater management. After taking public
comment, in June 2012, EPA released its final framework,
entitled Integrated Municipal Stormwater and Wastewater
Planning Approach Framework. The seven-page document outlines
principles for allowing communities to structure plans for
addressing multiple CWA obligations over time in an effort to
address the most serious water quality issues first and
optimize infrastructure investments.
EPA's framework is intended to provide EPA regional offices
and states with a guide on how to help cities prioritize
wastewater and stormwater infrastructure improvements that are
needed to address water quality issues, including preventing
CSOs, SSOs, and other pollution releases during heavy
precipitation events.
The document indicates that the Agency will rely on both
permits and enforcement actions to implement the new integrated
approach. While plans developed using the framework cannot be
the basis for delaying either permits or enforcement actions, a
new or revised consent decree may incorporate an integrated
plan with the involvement of all necessary parties.
At an April 7, 2016 hearing, the Committee heard testimony
about the usefulness of the Integrated Planning Framework and
the desire for broader implementation.
Subsection (a) of section 7203 supports EPA's Integrated
Planning Framework and ensures that it is available for any
municipality that wishes to develop an integrated plan by
adding new subsection (s) to section 402 of the Clean Water
Act.
Under this new subsection EPA must inform municipalities of
the opportunity to prepare an integrated plan. This subsection
also specifies that integrated plans can be incorporated into
permits and may address requirements related to a combined
sewer overflow; a capacity, management, operation, and
maintenance program for sanitary sewer collection systems; a
municipal stormwater discharge; a municipal wastewater
discharge; and a water quality-based effluent limitation to
implement an applicable wasteload allocation in a total maximum
daily load.
This subsection specifies that permits incorporating an
integrated plan may include compliance schedules for any water
quality standard, if authorized by a State as part of its
applicable water quality standards, and may include green
infrastructure to meet water quality based effluent
limitations.
This subsection also specifies that the applicable State
water quality standards may authorize the issuance of
compliance schedules for use in permits that incorporate
integrated plans, applicable to any water quality standard,
whether the standard was adopted before or after 1977. As a
transition rule, compliance schedules issued pursuant to the
applicable state water quality standards cannot revise or
affect a schedule of compliance under a judicial order or
consent decree that is in effect on the date of enactment of
WRDA 2016, unless the order or decree is modified by agreement
of the parties and the court.
Subsection (b) of section 7203 establishes within EPA an
Office of Municipal Ombudsman to ensure that EPA Regions
implement EPA's Integrated Planning Framework, and make
communities aware of other available flexibilities.
Subsection (c) of section 7203 amends section 309 of the
Clean Water Act to direct EPA to notify communities of the
opportunity to prepare integrated plans in the context of
consent decrees or administrative orders and establish an
integrated plan as a basis for a request to modify an
administrative order or consent decree.
Sec. 7204. Green infrastructure promotion
Section 7204 adds new section 519 to the Clean Water Act to
direct EPA to ensure that EPA offices promote the integration
of green infrastructure into permitting programs, planning
efforts, research, technical assistance, and funding guidance.
Sec. 7205. Financial capability guidance
At its April 7, 2016 hearing the Committee heard testimony
about the evaluation of the affordability of measures to
upgrade wastewater infrastructure. Section 7205 creates
definitions of affordability and financial capability, and
prohibits the use of median household income as the sole
indicator of affordability for a residential household.
Section 7205 also requires EPA to update its 1997 Financial
Capability guidance and 2014 Financial Capability Assessment
Framework, in consultation with interested parties, within one
year of the completion of a National Academy of Public
Administration study to establish a definition and framework
for community affordability required by Senate Report 114-70.
This section identifies certain elements that EPA must consider
in updating the Guidance. As the NAPA study is due on December
18, 2016, the Committee expects EPA to complete action on the
updated guidance by the end of 2017.
SUBTITLE C--INNOVATIVE FINANCING AND PROMOTION OF INNOVATIVE
TECHNOLOGIES
Sec. 7301. Water infrastructure public-private partnership pilot
program
Section 7301 amends section 5014(c) of WRRDA 2014 to
clarify that section 5014 authorizes the Secretary to enter
into a public-private partnership but does not obligate the
Secretary to expend funds unless provided for in an
appropriations act.
Sec. 7302. Water infrastructure finance and innovation
Section 7302 amends subtitle C of WRRDA 2014, which
established the Water Infrastructure Finance and Innovation Act
(WIFIA) loan program.
Subsection (a) is a technical change to ensure consistent
terminology is used throughout.
Subsection (b) makes it clear that projects eligible for
assistance from EPA include chloride control and projects for
alternative water supplies to reduce aquifer depletion.
Subsection (c) authorizes the Secretary or the
Administrator to allow loan fees to be financed along with the
loan principal if the applicant is a community of not more than
10,000 in population. This subsection also makes it clear that
eligible project costs incurred and in kind contributions made
before receipt of a WIFIA loan will count towards the 51
percent of project costs that must be provided from sources
other than WIFIA.
Subsection (d) removes the designation of the WIFIA program
as a pilot, signaling Congress' strong support for this
program.
Sec. 7303. Water infrastructure investment trust fund
Section 7303 establishes a trust fund for water
infrastructure, funded by fees collected for a voluntary
labeling system, and to be divided equally between
capitalization grants for the Clean Water and Safe Drinking
Water State Revolving Funds. This section also requires an EPA
study on water pricing.
The Committee believes the Trust Fund should be
supplemental to other existing sources of water infrastructure
financing. Accordingly, the water infrastructure trust fund in
no way is intended to displace federal capitalization of state
revolving loan funds or WIFIA.
Further, the Committee notes that the trust fund is funded
by fees collected on a voluntary basis.
Sec. 7304. Innovative water technology grant program
At an April 20, 1016 hearing, the EPW Committee received
testimony about the potential benefits from using innovative
technologies to address drought and other water supply issues.
Section 7304 authorizes a new EPA grant program to accelerate
the development of innovative technologies to address pressing
water challenges, with a priority for projects that provide
substantial cost savings, significantly improve human health
and the environment, or provide additional water supplies with
minimal environmental impact. The authorization level is $50
million a year. In addition, this section directs the Secretary
of the Treasury to transfer $10 million to EPA to allow
implementation of this new program to begin immediately.
Sec. 7305. Water Resources Research Act amendments
Section 7305 reauthorizes the Water Resources Research Act
at $1.5 million for each of fiscal years 2017 through 2021 for
a total of $7.5 million.
Sec. 7306. Reauthorization of Water Desalination Act of 1996
Section 7306 reauthorizes the Water Desalination Act of
1986 at $8 million for each of fiscal years 2017 through 2021,
for a total of $40 million.
Sec. 7307. National drought resilience guidelines
Section 7307 directs EPA, in conjunction with the Secretary
of the Interior, the Secretary of Agriculture, the Director of
NOAA, and other appropriate Federal agency heads along with
State and local governments, to develop non-regulatory national
drought resilience guidelines relating to drought preparedness
planning and investments for communities, water utilities, and
other water users and providers.
Sec. 7308. Innovation in Clean Water State Revolving Funds
Section 7308 amends section 603 of the Clean Water Act to
make projects that employ innovative technologies eligible for
additional subsidization under a Clean Water State Revolving
Fund. This section also authorizes EPA to provide technical
assistance to facilitate and encourage financial assistance for
innovative water technologies and requires a report to Congress
on such assistance and use.
Sec. 7309. Innovation in Drinking Water State Revolving Funds
Section 7309 amends section 1452 of the Safe Drinking Water
Act to make projects that employ innovative technologies
eligible for additional subsidization under a Drinking Water
State Revolving Fund. This section also authorizes EPA to
provide technical assistance to facilitate and encourage
financial assistance for innovative water technologies and
requires a report to Congress on such assistance and use.
SUBTITLE D--DRINKING WATER DISASTER RELIEF AND INFRASTRUCTURE
INVESTMENTS
Sec. 7401. Drinking water infrastructure
(a) Definitions.--Through the definitions in this
subsection, eligibility for emergency assistance is limited to
States and public drinking water systems that have been the
subject of a Presidential declaration of emergency due to the
presence of lead or other contaminants in a public drinking
water supply system.
(b) State Revolving Loan Fund Assistance.--
(1) Under paragraph (1), a community with a public
water supply system that is the subject of an emergency
declaration is considered to be a disadvantaged
community eligible for additional subsides from Safe
Drinking Water Act Revolving Funds, including
forgiveness of the principal of a loan, negative
interest rate loans, or grants.
(2) Paragraph (2) authorizes loans to eligible public
water supply systems from the state drinking water
revolving loan fund to address lead and other
contaminants in drinking water, including repair and
replacement of private as well as public drinking water
infrastructure. This assistance may include principal
forgiveness, negative interest rate loans, or grants.
(3) Paragraph (3) waives the 20% cap on use of
funding for principal forgiveness for loans to
communities with an emergency.
(c) Water Infrastructure Financing.--
(1) Paragraph (1) Authorizes EPA to use the new WIFIA
authority to make secured loans.
Under subparagraph (A) the funding is available for both
emergency situations related to drinking water contaminants
under clause (i) and generally for all infrastructure that is
eligible for WIFIA loans from EPA under clause (ii).
Under subparagraph (B), for emergency projects only, a
WIFIA loan may exceed 49% of project costs, but may not exceed
80% of reasonably anticipated project costs.
(2) Paragraph (2) provides that any remaining costs
for emergency projects (above the 80% covered by the
secured loan) may be paid for with an SRF loan.
(d) Nonduplication of Work.--This subsection prohibits use
of the authorities under this section to duplicate work that is
already going on, so it can fill gaps in emergency response
measures, not displace them.
(e) Funding.--
(1) SRF funding.--Paragraph (1) directs the Secretary
of the Treasury to transfer $100 million to EPA to
immediately provide assistance to States with emergency
drinking water situations through the drinking water
state revolving fund program. As a condition of
receiving the additional funding, a State must
supplement its intended use plan to describe how the
additional funding will be used to address the
emergency. Any funds not obligated after 18 months to
address emergencies are to be used to increase funding
for the drinking water SRFs of all states, under the
allotment formula set in existing law.
(2) WIFIA funding.--Paragraph (2) directs the
Secretary of the Treasury to transfer $70,000,000 to
EPA for credit subsidies to allow EPA to immediately
make secured loans for infrastructure investments under
the WIFIA program. The funding covers the credit risk
of secured loans issued under this program. If there is
a 10% credit risk, $70,000,000 will support loans of up
to $700,000,000. If the credit risk is less, more loans
can be made. OMB has estimated a credit risk for WIFIA
as low as 1.53% in its FY 2017 budget proposal, which
would allow this investment to subsidize up to $4.2
billion in loans.
Subparagraph (B) cross-references the uses of the WIFIA
funding, for both emergencies and other eligible
infrastructure.
Subparagraph (C) prevents $20,000,000 of the funds provided
under subparagraph (A) from being used for a project that also
receives funding from tax exempt financing.
(3) Applicability.--This paragraph makes it clear
that the requirements under the Safe Drinking Water Act
and WIFIA apply to assistance under this Act, unless
specifically waived.
(f) Health Effects Evaluation.--Subsection (f) directs
ATSDR to use its current authorities under section 104(i) of
CERCLA to establish a lead exposure registry for communities
with drinking water related emergencies and to provide health
consultations for the citizens of such communities, if
requested.
Sec. 7402. Loan forgiveness
Section 7402 lifts the cap on additional subsidies
applicable to fiscal year 2016 funds if a Federal or State
emergency declaration has been issued due to a threat to public
health from heightened exposure to lead in a municipal drinking
water supply.
Sec. 7403. Registry for Lead Exposure and Advisory Committee
Section 7403 authorizes the Secretary of Health and Human
Services to establish a voluntary lead exposure registry using
ATSDR or another relevant agency, or through a grant or
contract, applicable to any city whose citizens are exposed to
lead contamination in drinking water. The Secretary of the
Treasury is directed to transfer to the Secretary of HHS
$17,500,000 for this activity.
Section 7403 also authorizes an advisory committee
coordinated through CDC or other relevant agencies to review
federal programs that address lead exposure, and identify
research needs, best practices, and effective services. The
Secretary of the Treasury is directed to transfer to the
Secretary of HHS $2,500,000 for this activity.
Sec. 7404. Additional funding for certain childhood health programs
Section 7404 directs the Secretary of the Treasury to
transfer funding for the following authorized programs:
To CDC, $10,000,000 for the Childhood Lead
Poisoning Prevention Program authorized under section 317A of
the Public Health Service Act (42 U.S.C. 247b-1).
To the Secretary of Housing and Urban Development,
$10,000,000 to carry out the Healthy Homes Initiative of the
Department of Housing and Urban Development.
To the Administrator of Health Resources and
Service Administration, $10,000,000 to carry out the Healthy
Start Initiative under section 330H of the Public Health
Service Act (42 U.S.C. 254c-8).
Sec. 7405. Review and report
Section 7405 requires a GAO report on the status of ongoing
investigations into the Flint drinking water situation, and the
response to that situation.
SUBTITLE E--REPORT ON GROUNDWATER CONTAMINATION
Subtitle E addresses a miles-long plume of contaminated
groundwater emanating from Navy property in Bethpage, New York,
that is threatening the an aquifer that provides drinking water
to approximately 250,000 people in Nassau County, New York.
Under this subtitle, the Navy must provide a report to Congress
outlining a comprehensive strategy to remediate the plume under
CERCLA or take corrective action under RCRA. As required under
those statutes, the Committee expects the Navy to include in
the report an analysis of alternatives, including alternatives
that would restore the groundwater resource to beneficial use.
The Committee understands that, when complying with CERCLA or
RCRA, the Navy takes action under the Defense Environmental
Restoration Program (DERP). However, as provided in 10 U.S.C.
2701(a)(2), nothing in DERP affects the responsibility of the
Navy under section 120 of CERCLA. Further, nothing in DERP
affects the responsibility of the Navy under section 6001 of
RCRA. Accordingly, the Committee expects the alternatives
evaluated in the report to Congress under this subtitle to be
based on the requirements of CERCLA and RCRA, which include
consideration of cost-effectiveness and practicability, but not
availability of funding.
The Committee is aware that the New York State legislature
passed legislation in 2014 requiring the State Department of
Environmental Conservation to conduct an evaluation of options
for intercepting and remediating the plume. The Committee
expects the Navy to consider the recommendations of the State
report and to consult with the State of New York and local
water districts when preparing the report and strategy for
remediation required by this subtitle. Nothing in this subtitle
affects the jurisdiction of the State Department of
Environmental Conservation, as the lead agency for the
addressing contamination from the Navy Bethpage property, to
select remedies at this site or to modify any previously
adopted remedies.
SUBTITLE F--RESTORATION
This subtitle includes the text of three bills, as they
were reported by the Committee on January 20, 2016.
PART I--GREAT LAKES RESTORATION INITIATIVE
Part I consists of the text of S. 1024, which authorizes
$300 million a year for each of fiscal years 2017 through 2021,
for a total of $1.5 billion, for the Great Lakes Restoration
Initiative, as described in S. Rept. 114-211.
PART II--LAKE TAHOE RESTORATION
Part II consists of the text of S. 1724, which reauthorizes
the Lake Tahoe Restoration Act at $415 million over the next 10
years, as described in S. Rept. 114-256.
PART III--LONG ISLAND SOUND RESTORATION
Part III consists of the text of S. 1674, which
reauthorizes the Long Island Sound Restoration program,
authorizing a total of $65 million a year in grants for each of
fiscal years 2016 through 2020, as described in S. Rept. 114-
212.
SUBTITLE G--OFFSET
Sec. 7701. Offset
Section 7701 prohibits new loan commitments under the
Advanced Technology Vehicles Manufacturing (ATVM) loan program
after October 1, 2020. This prohibition reduces direct spending
by $300 million, which, in addition to other provisions in the
bill, more than offsets the direct spending and other revenue
impacts in S. 2848.
Legislative History
S. 2848, the Water Resources Development Act of 2016, was
introduced by Sen. James M. Inhofe and Sen. Barbara Boxer on
April 25, 2016. The bill was received, read twice, and referred
to the Committee on Environment and Public Works. On April 28,
2016, the full Committee on Environment and Public Works met to
consider the bill. A manager's amendment making technical and
non-controversial changes to the bill was adopted by voice
vote. The bill, as amended, was ordered reported favorably by a
rollcall vote of 19 to 1.
Hearings
The Committee held four hearings this Congress on issues
addressed in the Water Resources Development Act of 2016.
February 10, 2016, Full Committee Hearing
entitled, ``The Importance of Enacting a Water Resources
Development Act.''
March 16, 2016, Full Committee Hearing entitled,
``The Water Resources Development Act--Policies and Projects.''
April 7, 2016, Full Committee Hearing entitled,
``The Federal Role in Keeping Water and Wastewater
Infrastructure Affordable.''
April 20, 2016, Full Committee Hearing entitled,
``New Approaches and Innovative Technologies to Improve Water
Supply.''
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 2848 on April 28, 2016. A manager's amendment
making technical and non-controversial changes to the bill was
adopted by voice vote. The bill, as amended, was ordered
reported favorably by a rollcall vote of 19 to 1.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee finds that any
regulatory impacts would be minimal. While S. 2848 requires
owners and operators of public water systems to notify the
public when measurements of lead in drinking water exceed safe
levels prescribed by federal regulations under the Safe
Drinking Water Act, most public water systems currently provide
notices to the public when levels of lead and other regulated
contaminants exceed allowable levels so the Congressional
Budget Office estimates that the incremental cost of making the
notifications required by the bill would be small. In addition,
while S. 2848 requires owners and operators of watercraft
launched in the waters of the Lake Tahoe Basin to submit their
watercraft for inspection before launching in waters of the
Lake Tahoe Basin, because the Tahoe Regional Planning Agency
currently subjects watercraft to inspection requirements most
owners and operators would already be in compliance with the
bill's requirement and the Congressional Budget Office
estimates that the cost to comply with the inspection
requirements under the bill would be negligible. The Committee
finds that S. 2848 will not cause any adverse impact on the
personal privacy of individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the Committee notes that the Congressional
Budget Office found that the aggregate costs of the mandates in
S. 2848 would fall below the annual thresholds established in
UMRA for intergovernmental and private-sector mandates ($77
million and $154 million in 2016, respectively, adjusted
annually for inflation). The bill also would authorize federal
grant, technical assistance, and loan programs that would
benefit state, local, and tribal governments.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
June 17, 2016.
Hon. Jim Inhofe,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2848, the Water
Resources Development Act of 2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Aurora
Swanson.
Sincerely,
Keith Hall.
Enclosure.
S. 2848--Water Resources Development Act of 2016
Summary: S. 2848 would authorize the U.S. Army Corps of
Engineers (Corps) to construct projects to mitigate storm and
hurricane damage, to improve navigation and flood management,
and to assist state and local governments with safety programs
for dams and levees. The bill also would authorize the
Environmental Protection Agency (EPA) to provide grants and
loans to state and local governments, public water systems, and
nonprofit organizations to support a wide range of water
quality projects and programs.
CBO estimates that implementing this legislation would cost
about $4.8 billion over the next five years and $10.6 billion
over the 2017-2026 period, assuming appropriation of the
authorized and necessary amounts.
In addition, CBO estimates that enacting the bill would
reduce direct spending by $59 million over the 2017-2026 period
and the staff of the Joint Committee on Taxation (JCT)
estimates that enacting the bill would reduce revenues by $53
million over that same period. Because enacting S. 2848 would
affect direct spending and revenues, pay-as-you-go procedures
apply. CBO estimates that enacting the bill would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
S. 2848 would impose intergovernmental and private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Because the number of affected entities and the cost of
compliance would probably be small, CBO expects that the costs
of the mandates would fall below the annual thresholds
established in UMRA for intergovernmental and private-sector
mandates ($77 million and $154 million in 2016, respectively,
adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary effects of S. 2848 are shown in Table 1. The costs of
this legislation fall within budget function 300 (natural
resources and environment).
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF S. 2848, THE WATER RESOURCES DEVELOPMENT ACT OF 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------------------------------------------------------------------
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2016-2021 2016-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level.. 0 1,262 1,405 1,591 1,724 1,901 635 707 767 734 775 7,883 11,501
Estimated Outlays.............. 0 395 591 942 1,245 1,666 1,574 1,308 1,132 896 869 4,838 10,618
INCREASES OR DECREASES (-) IN DIRECT SPENDING
Estimated Budget Authority..... -31 269 * * * * * * * * * 238 238
Estimated Outlays.............. -31 44 90 69 21 -42 -42 -42 -42 -42 -42 152 -59
DECREASES IN REVENUES
Estimated Revenues............. 0 -1 -1 -2 -3 -4 -6 -7 -8 -10 -11 -11 -53
NET INCREASE OR DECREASE (-) IN DEFICITS FROM CHANGES IN DIRECT SPENDING AND REVENUES
Estimated Effect on the Deficit -31 45 91 71 24 -38 -36 -35 -34 -32 -31 163 -6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Amounts may not sum to totals because of rounding; * = between zero and $500,000.
Basis of Estimate: For this estimate, CBO assumes that S.
2848 will be enacted near the end of fiscal year 2016 and that
the authorized and necessary amounts will be appropriated for
each fiscal year. Estimates of amounts necessary to implement
the bill are based on information from the Corps, EPA, and
other agencies; estimated outlays are based on historical
spending patterns for similar projects and programs. Major
components of the estimated costs are described below.
Spending Subject to Appropriation
CBO estimates that S. 2848 would authorize appropriations
totaling about $11.5 billion over the 2017-2026 period for
water infrastructure projects and grant programs administered
by the Corps and EPA. We estimate that implementing those
provisions would cost $10.6 billion over the 2017-2026 period
(see Table 2).
TABLE 2.--ESTIMATED EFFECTS ON SPENDING SUBJECT TO APPROPRIATION OF S. 2848, THE WATER RESOURCES DEVELOPMENT ACT OF 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
---------------------------------------------------------------------------------------------------------------
2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2017-2021 2017-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Title VII: Safe Drinking Water and Clean
Water Infrastructure:
Estimated Authorization Level....... 1,042 1,162 1,212 1,262 1,362 92 92 92 92 92 6,038 6,495
Estimated Outlays................... 272 395 672 892 1,242 1,105 791 552 295 240 3,473 6,456
Title VI: Water Resources
Infrastructure:
Estimated Authorization Level....... 70 98 196 236 290 335 426 488 497 541 890 3,177
Estimated Outlays................... 28 60 118 175 226 276 338 402 443 481 607 2,548
Title II: Navigation:
Estimated Authorization Level....... 54 56 72 80 89 95 74 71 66 68 351 725
Estimated Outlays................... 38 55 67 77 87 93 81 72 68 67 324 705
Title III: Dam and Levee Safety:
Estimated Authorization Level....... 21 21 41 57 77 78 78 78 60 60 217 571
Estimated Outlays................... 11 17 20 25 34 46 58 69 62 59 108 401
Title IV: River Basins, Watersheds, and
Coastal Areas:
Estimated Authorization Level....... 37 30 31 50 52 20 21 21 4 4 200 269
Estimated Outlays................... 20 29 28 38 45 32 24 22 13 8 160 259
Other Provisions:
Estimated Authorization Level....... 39 39 39 39 31 16 16 16 17 11 187 263
Estimated Outlays 25 34 37 38 32 21 17 16 16 14 166 249
Total Costs:
Estimated Authorization Level... 1,262 1,405 1,591 1,724 1,901 635 707 767 734 775 7,883 11,501
Estimated Outlays............... 395 591 942 1,245 1,666 1,574 1,308 1,132 896 869 4,838 10,618
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Amounts may not sum to totals because of rounding.
Title VII: Safe Drinking Water and Clean Water
Infrastructure. CBO estimates that implementing title VII would
cost about $6.5 billion over the 2017-2026 period, assuming
appropriation of the necessary amounts. The legislation would
authorize the appropriation of the following amounts for water
infrastructure and conservation programs, with the bulk
authorized for 2017 through 2021:
$1.8 billion for EPA to make grants to help
municipalities address the cost of controlling sewer
overflows and stormwater discharges;
$1.5 billion for EPA to support the Great
Lakes Restoration Initiative;
$1.43 billion for EPA to make grants to
assist small and disadvantaged communities with the
cost of complying with drinking water regulations.
$500 million for EPA to make grants to
public water systems and other entities to develop
innovative water technologies;
$415 million for several federal agencies to
perform ecological restoration activities in the Lake
Tahoe Basin;
$325 million to support conservation and
research activities for Long Island Sound;
$300 million for EPA to make grants to
public water systems to fund projects, such as
replacing service lines, that reduce lead in drinking
water;
$125 million for EPA to provide technical
assistance grants to small and medium water treatment
works; and
$100 million for EPA to make grants to fund
lead testing programs in schools and child care
centers.
Title VI: Water Resources Infrastructure. CBO estimates
that implementing title IV would cost about $2.5 billion over
the 2017-2026 period, assuming appropriation of estimated
amounts and accounting for anticipated inflation. This title
would authorize the Corps to construct 27 new projects and
would modify the existing authorization of another five
projects; those projects would aim to improve the nation's
navigation system, strengthen flood-risk management, and
restore the environment. Based on information from the Corps,
CBO estimates that the total cost to complete those projects
would be $10.5 billion over the next 15 years and beyond. S.
2848 would authorize the appropriation of $5.8 billion to cover
the federal share of those costs and nonfederal entities would
be responsible for the remaining share, totaling an estimated
$4.7 billion.
To estimate the federal costs of those projects, CBO used
information from the Corps about when construction for each
project would begin, how long it would take to complete each
project, and what funding would be necessary to complete each
project over the anticipated construction period. Because of
the size and complexity of some Corps projects, larger projects
can take several years to commence and more than ten years to
complete. CBO estimates that the federal share of the projects
and modifications authorized by this title would require the
appropriation of about $3.2 billion over the 2017-2026 period;
the remainder of the federal share to complete the projects
would be needed after 2026.
The estimated cost of the five largest projects authorized
by S. 2848 totals $6.9 billion; the federal share would total
about $3.5 billion. Those projects are:
The Central Everglades Planning Project to
restore the Everglades in central and southern Florida
($1 billion);
The American River Watershed Common Features
project to reduce the risk of floods along the American
and Sacramento Rivers near Sacramento, California ($880
million);
The West Sacramento project to reduce the
risk of floods in the City of West Sacramento,
California ($780 million);
The West Shore Lake Pontchartrain project to
reduce the risk of hurricane and storm damages in St.
Charles, St. John the Baptist and St. James Parishes in
Louisiana ($480 million); and
The Los Angeles River Ecosystem Restoration
project to restore ecosystems along the Los Angeles
River in Los Angeles County, California ($380 million).
Assuming appropriation of the necessary amounts, CBO
estimates that about $1.1 billion of those costs would be
incurred over the 2017-2026 period. Based on information from
the Corps, CBO estimates that construction costs for the other
22 projects and 5 modifications authorized by the bill would
total about $1.4 billion over the next 10 years.
Title II: Navigation. CBO estimates that implementing title
II would cost $705 million over the 2017-2026 period, assuming
appropriation of the necessary amounts.
Title II would increase from 50 percent to 75 percent the
federal share of project costs for dredging coastal and inland
harbors to depths between 45 feet and 50 feet. Under current
law, the federal share of the cost for dredging to depths
between 20 feet to 45 feet is 75 percent and for dredging
beyond 45 feet, 50 percent. Under the bill, the federal cost
share for the portion of dredging between 45 feet to 50 feet
would increase to 75 percent. Based on information from the
Corps, eight dredging projects would be affected by this
provision. The total estimated cost for those projects is $3.7
billion. Under the bill, the federal share of those costs would
increase by about $430 million over the 2017-2026 period,
including adjustments for anticipated inflation. (Nonfederal
costs for those projects would decrease by a corresponding
amount.)
Title II also would authorize the appropriation of $25
million each year for dredging along the lower half of
Mississippi River at shallow draft ports that require depths of
14 feet or less to operate. Finally, this title would direct
the Corps to prepare a report on potential transportation
savings that would result from maintaining harbors at their
required width and depth for each Corps project. CBO estimates
that implementing those provisions would cost $275 million over
the 2017-2026 period.
Title III--Dam and Levee Safety. CBO estimates that
implementing title III would cost about $400 million over the
2017-2026 period, assuming appropriation of the necessary
amounts.
S. 2848 would authorize the appropriation of $435 million
over 10 years for a new program within the Federal Emergency
Management Agency (FEMA) to provide grants to states to
rehabilitate dams that would pose unacceptable risks to the
public. Based on information provided by FEMA, CBO estimates
that implementing that provision would cost $265 million over
the 2017-2026 period.
The bill also would authorize the appropriation of $125
million for mitigating hurricane and storm damage by restoring
levees at certain facilities to address subsiding land and
rising sea levels. Under current law, the Corps' authority to
perform those activities expires in 2024; CBO assumes that the
authorized amounts would be provided before 2024 in equal
amounts over the next eight years. Accounting for anticipated
inflation, CBO estimates that restoring eligible levees would
cost $136 million over the 2017-2026 period.
Title IV--River Basins, Watersheds, and Coastal Areas. CBO
estimates that implementing title IV would cost about $260
million over the 2017-2026 period, assuming appropriation of
the necessary amounts and accounting for anticipated inflation.
S. 2848 would authorize the appropriation of $172 million
for several activities including restoring ecosystems along the
Columbia River in Oregon and Washington; mitigating flood
damage arising from ice jams in the Upper Missouri River Basin;
restoring fish and oyster habitat in the Chesapeake Bay
tributaries of Virginia and Maryland; rehabilitating fish and
wildlife habitat along the Rio Grande in Colorado, New Mexico,
and Texas; and developing a plan for oyster bed recovery in
Alabama, Florida, Louisiana, Mississippi, and Texas. Based on
information from the Corps, CBO estimates that those activities
would cost $178 million over the 2017-2026 period.
Title IV also would authorize the Corps to assess coastal
regions in the United States for the risks of flooding and
erosion areas. According to information from the Corps, there
are five coastal regions in the United States that would
qualify for such an assessment. CBO estimates that each
assessment would cost $8 million. Assuming appropriation of the
necessary amounts and accounting for anticipated inflation, CBO
estimates that implementing this provision would cost $42
million over the 2017-2026 period.
This title also would authorize the Corps to provide
assistance to Indian families displaced by construction of the
Bonneville Dam that have not already received assistance. Based
on information from the Corps, CBO estimates that there are at
least 40 families that would qualify for assistance. Assistance
provided to Indian families a few years ago in a similar
situation totaled about $750,000 per family. Assuming a similar
level of assistance, and accounting for anticipated inflation,
CBO estimates that implementing the provision would cost $31
million over the 2017-2026 period.
Finally, the bill would authorize the Corps to conduct
studies and develop plans to:
Assess the number of tribal families
displaced by the John Day Dam on the border of Oregon
and Washington;
Assess the feasibility of including
navigation as an authorized purpose for the Columbia
and lower Willamette Rivers in Washington and Oregon;
Develop a plan in collaboration with the
Bureau of Reclamation to manage sediment removal at
reservoirs along the Missouri River; and
Assess the feasibility of carrying out
projects to reduce the risk of flooding in the Upper
Mississippi and Illinois River Basins.
Based on information from the Corps, CBO estimates that
completing those studies would cost $9 million over the 2017-
2026 period.
Other Provisions. CBO estimates that implementing the
remaining provisions in the bill would cost about $250 million
over the 2017-2026 period, assuming the appropriation of
authorized and estimated amounts. Those provisions would:
Reauthorize the Water Resources Research
Act, which allows federal agencies to provide grants to
colleges and universities to support research to
improve water supply, address water problems, and train
researchers;
Reauthorize the Water Desalination Act of
1986, which supports the research and development of
technologies to reduce the cost of water desalination;
Require federal agencies to produce a
variety of studies and reports on water-related issues;
Increase the authorization of appropriations
by an estimated $95 million for an ongoing project to
expand the wastewater infrastructure in Desoto County,
Mississippi; and
Direct the Corps to develop a system to
monitor the condition of infrastructure it maintains.
Changes in Direct Spending
On net, CBO estimates that enacting S. 2848 would decrease
direct spending by $59 million over the 2017-2026 period (see
Table 3).
Several provisions, taken together, would increase direct
spending by $270 million over the 2017-2026 period because they
would appropriate to EPA and other agencies:
$100 million to provide grants through EPA's
State Revolving Fund program to assist states with
drinking water emergencies;
$70 million to subsidize loans to eligible
entities under the Water Infrastructure Finance and
Innovation Act (WIFIA) for water infrastructure
projects;
$50 million to provide grants to help small
and disadvantaged communities comply with drinking
water standards, address combined sewer overflows, and
develop innovative water technologies;
$30 million to provide grants through
several programs to reduce lead exposure among
children; and
$20 million to develop a national lead
exposure registry.
Another provision would reduce direct spending by $300
million over the 10-year period by permanently prohibiting,
after 2020, the Department of Energy from obligating existing
balances available to cover the subsidy costs of loans issued
through the Advanced Technology Vehicle Manufacturing program.
Finally, based on information from the Corps, CBO estimates
that enacting three other provisions in the bill would decrease
net direct spending by $29 million over the 2017-2026 period.
Those provisions would:
Require the Trinity River Authority in Texas
to repay $31 million owed to the federal government in
a lump sum by the end of fiscal year 2016;
Direct the Corps to enter into agreements
with nonfederal entities to jointly manage parks and
recreational facilities and allow those entities to
collect fees that the Corps currently remits to the
Treasury (totaling about $4 million) and to spend those
fees for operation and maintenance expenses at those
sites; and
Direct the Corps to transfer land adjacent
to Sardis Lake in Mississippi to a nonfederal entity in
exchange for the market value of the land, which has an
estimated value of $1 million.
TABLE 3.--ESTIMATED EFFECT ON DIRECT SPENDING AND REVENUES OF S. 2848, THE WATER RESOURCES DEVELOPMENT ACT OF 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------------------------------------------------------------------
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2016-2021 2016-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
INCREASES OR DECREASES (-) IN DIRECT SPENDING
SRF Capitalization Grants:
Estimated Budget Authority. 0 100 0 0 0 0 0 0 0 0 0 100 100
Estimated Outlays.......... 0 10 50 40 0 0 0 0 0 0 0 100 100
WIFA Loan Credit Subsidy:
Estimated Budget Authority. 0 70 0 0 0 0 0 0 0 0 0 70 70
Estimated Outlays.......... 0 5 6 7 7 8 8 8 8 8 8 33 70
Community Grants:
Estimated Budget Authority. 0 50 0 0 0 0 0 0 0 0 0 50 50
Estimated Outlays.......... 0 6 14 16 14 0 0 0 0 0 0 50 50
Childhood Lead Exposure
Prevention Programs:
Estimated Budget Authority. 0 30 0 0 0 0 0 0 0 0 0 30 30
Estimated Outlays.......... 0 11 15 4 0 0 0 0 0 0 0 30 30
National Lead Exposure
Registry:
Estimated Budget Authority. 0 20 0 0 0 0 0 0 0 0 0 20 20
Estimated Outlays.......... 0 13 5 2 0 0 0 0 0 0 0 20 20
Advanced Technology Vehicle
Manufacturing Program:
Estimated Budget Authority. 0 0 0 0 0 0 0 0 0 0 0 0 0
Estimated Outlays.......... 0 0 0 0 0 -50 -50 -50 -50 -50 -50 -50 -300
Other Provisions:
Estimated Budget Authority. -31 -1 * * * * * * * * * -31 -28
Estimated Outlays.......... -31 -1 * * * * * * * * * -31 -29
Total Change in Direct
Spending:
Estimated Budget Authority. -31 269 * * * * * * * * * 239 242
Estimated Outlays.......... -31 44 90 69 21 -42 -42 -42 -42 -42 -42 152 -59
DECREASES IN REVENUES
Estimated Revenues......... 0 -1 -1 -2 -3 -4 -6 -7 -8 -10 -11 -11 -53
NET INCREASE OR DECREASE (-) IN DEFICITS FROM CHANGES IN DIRECT SPENDING AND REVENUES
Estimated Effect on the Deficit -31 45 91 71 24 -38 -36 -35 -34 -32 -31 163 -6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: Amounts may not sum to totals because of rounding; SRF = State Revolving Fund; WIFIA = Water Infrastructure Finance and Innovation Act; * =
between zero and $500,000.
Revenues
JCT expects that some of the funds authorized and
appropriated in S. 2848 for grants to capitalize State
Revolving Funds and direct loans under the WIFIA program would
be used by state and local governments to leverage additional
funds by issuing tax-exempt bonds. JCT estimates that the
issuance of additional tax-exempt bonds would reduce federal
revenues by $53 million over the 2017-2026 period, as shown in
Table 3.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays and revenues that are
subject to those pay-as-you-go procedures are shown in Table 4.
TABLE 4.--CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS OF S. 2848, THE WATER RESOURCES DEVELOPMENT ACT OF 2016, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS ON APRIL 28, 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------------------------------------------------------------------
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2016-2021 2016-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact. -31 45 91 71 24 -38 -36 -35 -34 -32 -31 163 -6
Memorandum:
Changes in Outlays......... -31 44 90 69 21 -42 -42 -42 -42 -42 -42 152 -59
Changes in Revenues........ 0 -1 -1 -2 -3 -4 -6 -7 -8 -10 -11 -11 -53
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increase in long-term net direct spending and deficits: CBO
estimates that enacting the bill would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
Intergovernmental and private-sector impact: The bill would
impose intergovernmental and private-sector mandates as defined
in UMRA; however, CBO estimates that the aggregate costs of the
mandates would fall below the annual thresholds established in
UMRA for intergovernmental and private-sector mandates ($77
million and $154 million in 2016, respectively, adjusted
annually for inflation). The bill also would authorize federal
grant, technical assistance, and loan programs that would
benefit state, local, and tribal governments.
Mandates that apply to both public and private entities
The bill would impose a mandate on owners and operators of
public water systems by requiring those entities to notify the
public when measurements of lead in drinking water exceed safe
levels prescribed by federal regulations under the Safe
Drinking Water Act. Information from public water systems,
state agencies, and EPA indicates that most public water
systems currently provide notices to the public when levels of
lead and other regulated contaminants exceed allowable levels.
Therefore, CBO estimates that the incremental cost of making
the notifications required by the bill would be small.
The bill also would impose a mandate on owners and
operators of watercraft launched in the waters of the Lake
Tahoe Basin. The bill would require those owners and operators
to submit their watercraft for inspection before launching in
waters of the Lake Tahoe Basin. Because the Tahoe Regional
Planning Agency currently subjects watercraft to inspection
requirements, most owners and operators would already be in
compliance with the bill's requirements. Therefore, CBO
estimates that the cost to comply with the inspection
requirements under the bill would be negligible.
Other effects on public entities
The bill would benefit state, local, and tribal governments
by authorizing federal grant and loan programs to improve water
infrastructure and reduce contaminants such as lead in drinking
water systems. The bill also would benefit those governments by
providing greater flexibility in the administration and
financing of water infrastructure projects supported by EPA and
the Corps through State Revolving Funds and other federal
programs. Any costs incurred by those entities, including
matching contributions for federal grants and loan repayments,
would be incurred voluntarily.
The bill would benefit state, local, and tribal
governments, as well as public institutions of higher
education, that participate in federal conservation programs
for the Great Lakes and Long Island Sound. The bill also would
benefit state, local and tribal governments in California and
Nevada by authorizing federal grants and technical assistance
for fire prevention, forest management activities, and
environmental improvement projects located in the Lake Tahoe
Basin. Finally, the bill would authorize conveyances of federal
land to California and Nevada. Any costs to those entities,
including matching contributions, would be incurred
voluntarily.
Estimate prepared by: Federal spending: Aurora Swanson and
Jon Sperl; Federal revenues: Staff of the Joint Committee on
Taxation; Impact on State, Local, and Tribal Governments: Jon
Sperl; Impact on the Private Sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
* * * * * * *
WATER RESOURCES DEVELOPMENT ACT OF 1986
* * * * * * *
SEC. 101. HARBORS.
(a) Constructon.--
(1) Payments during construction.--The non-Federal
interests for a navigation project for a harbor or
inland harbor, or any separable element thereof, on
which a contract for physical construction has not been
awarded before [the date of enactment of this Act] the
date of enactment of the Water Resources Reform and
Development Act of 2014 (Public Law 113-121; 128 Stat.
1193) shall pay, during the period of construction of
the project, the following costs associated with
general navigation features:
(A) 10 percent of the cost of construction of
the portion of the project which has a depth
not in excess of 20 feet; plus
(B) 25 percent of the cost of construction of
the portion of the project which has a depth is
excess of 20 feet but not in excess of [45
feet] 50 feet; plus
(C) 50 percent of the cost of construction of
the portion of the project which has a depth in
excess of [45 feet] 50 feet.
* * * * * * *
SEC. 102. INLAND WATERWAY TRANSPORTATION.
(a) Construction.--One-half of the costs of construction--
(1) of each project authorized by title III of this
Act,
(2) of the project authorized by section 1103(j) of
this Act, and
(3) allocated to inland navigation for the project
authorized by section 844 of this Act,
shall be paid only from amounts appropriated from the general
fund of the Treasury. One-half of such costs shall be paid only
from amounts appropriated from the Inland Waterways Trust Fund.
For purposes of this subsection, the term ``contruction'' shall
include planning, designing, engineering, surveying, the
acquisition of all lands, easements, and rights-of-way
necessary for the project, including lands for disposal of
dredged material, and relocations necessary for the project.
(b) Operaton and Maintenance.--The Federal share of the cost
of operation and maintenance of any project for navigation on
the inland waterways is 100 percent.
(c) Floodgates on the Inland Waterways.--
(1* * *
* * * * * * *
(3) Credit or reimbursement.--The Federal share of
operation and maintenance carried out by a non-Federal
interest under this subsection after the date of
enactment of the Water Resources Reform and Development
Act of 2014 shall be eligible for reimbursement or for
credit toward--
(A) the non-Federal share of future operation
and maintenance under this subsection; or
(B) any measure carried out by the Secretary
under section 3017(a) of the Water Resources
Reform and Development Act of 2014 (33 U.S.C.
3303a note; Public Law 113-121).
* * * * * * *
FEASIBILITY STUDIES; PLANNING, ENGINEERING, AND DESIGN.
(a) Feasibility Studies.--
(1) Cost sharing.--
[(A) In general.-- The Secretary]
(A) Requirement.--
(i) In general.--Except as provided
in clause (ii), the Secretary''shall
not initiate any feasibility study for
a water resources project after
November 17, 1986, until appropriate
non-Federal interests agree, by
contract, to contribute 50 percent of
the cost of the study.]
(ii) Exception.--For the purpose of
meeting or otherwise communicating with
prospective non-Federal sponsors to
identify the scope of a potential water
resources project feasibility study,
identifying the Federal interest,
developing the cost sharing agreement,
and developing the project management
plan, the first $100,000 of the
feasibility study shall be a Federal
expense.
* * * * * * *
SEC. 203. STUDIES OF PROJECTS BY NON-FEDERAL INTERESTS.
(a) Submission to Secretary.--A non-Federal interest may on
its own undertake a feasibility study of a proposed harbor or
inland harbor project and submit it to the Secretary. To assist
non-Federal interests, the Secretary shall, as soon as
practicable, promulgate guidelines for studies of harbors or
inland harbors to provide sufficient information for the
formulation of studies.
(b) Review by Secretary.--The Secretary shall review each
study submitted under subsection (a) for the purpose of
determining whether or not such study and the process under
which such study was developed comply with Federal laws and
regulations applicable to feasibility studies of navigation
projects for harbors or inland harbors.
(c) Submission to Congress.--Not later than 180 days after
receiving any study submitted under subsection (a), the
Secretary shall transmit to the Congress, in writing, the
results of such review and any recommendations the Secretary
may have concerning the project described in such plan and
design.
(d) Credit and Reimbursement.--If a project for which a study
has been submitted under subsection (a) is authorized by any
provision of Federal law enacted after the date of such
submission, the Secretary shall credit toward the non-Federal
share of the cost of construction of such project an amount
equal to the portion of the cost of developing such study that
would be the responsibility of the United States if such study
were developed by the Secretary.
(e) Technical Assistance.--On the request of a non-Federal
interest, the Secretary may provide technical assistance
relating to any aspect of the feasibility study if the non-
Federal interest contracts with the Secretary to pay all costs
of providing the technical assistance.
* * * * * * *
SEC. 204. [33 U.S.C. 2232] CONSTRUCTION OF WATER RESOURCES DEVELOPMENT
PROJECTS BY NON-FEDERAL INTERESTS.
[(a) Water Resources Development Project Defined.--In this
section, the]
(a) Definitions.--In this section:
(1) Discrete segment.--The term `discrete segment',
with respect to a project, means a physical portion of
the project, as described in design documents, that is
environmentally acceptable, is complete, will not
create a hazard, and functions independently so that
the non-Federal sponsor can operate and maintain the
discrete segment in advance of completion of the total
project or separable element of the project.
(2) Water resources development project.--The term
``water resources development project'' means a project
recommendation that results from--
[(1)]
(A) a feasibility report, as such term is
defined in section 7001(f) of the Water
Resources Reform and Development Act of 2014;
[(2)]
(B) a completed feasibility study developed
under section 203; or
[(3)]
(C) a final feasibility study for water
resources development and conservation and
other purposes that is specifically authorized
by Congress to be carried out by the Secretary.
(b) Authority.--
(1) In general.--A non-Federal interest may carry out
a water resources development [project, or separable
element thereof] project, separable element, or
discrete segment of a project--
(A) in accordance with a plan approved by the
Secretary for the [project or separable
element] project, separable element, or
discrete segment; and
(B) subject to any conditions that the
Secretary may require, including any conditions
specified under section 203(c)(3).
(2) Conditions.-- Before carrying out a water
resources development [project, or separable element
thereof,] project, separable element, or discrete
segment of a project under this section, a non-Federal
interest shall--
(A) obtain any permit or approval required in
connection with the [project or separable
element] project, separable element, or
discrete segment under Federal or State law;
and
(B) ensure that a final environmental impact
statement or environmental assessment, as
appropriate, for the [project or separable
element] project, separable element, or
discrete segment has been filed.
(c) Studies and Engineering.--When requested by an
appropriate non-Federal interest, the Secretary may undertake
all necessary studies and engineering for any construction 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 in the period during which
the studies and engineering are being conducted.
(d) Credit or Reimbursement.--
(1) General rule.--Subject to paragraph (3), a
[project or separable element] project, separable
element, or discrete segment of a project carried out
by a non-Federal interest under this section shall be
eligible for credit or reimbursement for the Federal
share of work carried out on a [project or separable
element] project, separable element, or discrete
segment of a project if--
(A) before initiation of construction of the
[project or separable element] project,
separable element, or discrete segment--
(i) the Secretary approves the plans
for construction of the [project or
separable element] project, separable
element, or discrete segment of the
project by the non-Federal interest;
(ii) the Secretary determines, before
approval of the plans, that the
[project or separable element] project,
separable element, or discrete segment
of the project is feasible; and
(iii) the non-Federal interest enters
into a written agreement with the
Secretary under section 221 of the
Flood Control Act of 1970 (42 U.S.C.
1962d-5b), including an agreement to
pay the non-Federal share, if any, of
the cost of operation and maintenance
of the project; and
(B) the Secretary determines that all Federal
laws and regulations applicable to the
construction of a water resources development
project, and any conditions identified under
subsection (b)(1)(B), were complied with by the
non-Federal interest during construction of the
[project or separable element] project,
separable element, or discrete segment of the
project.
(2) Application of credit.--The Secretary may apply
credit toward--
(A) the non-Federal share of authorized
separable elements of the same project; or
(B) subject to the requirements of this
section and section 1020 of the Water Resources
Reform and Development Act of 2014, at the
request of the non-Federal interest, the non-
Federal share of a different water resources
development project.
(3) Requirements.--The Secretary may only apply
credit or provide reimbursement under paragraph (1)
if--
(A) Congress has authorized construction of
the [project or separable element] project,
separable element, or discrete segment of the
project; and
(B) the Secretary certifies that the
[project] project, separable element, or
discrete segment has been constructed in
accordance with--
(i) all applicable permits or
approvals; and
(ii) this section.
(4) Monitoring.--The Secretary shall regularly
monitor and audit any water resources development
[project, or separable element of a water resources
development project,] project, separable element, or
discrete segment of a project constructed by a non-
Federal interest under this section to ensure that--
(A) the construction is carried out in
compliance with the requirements of this
section; and
(B) the costs of the construction are
reasonable.
(5) Repayment of reimbursement.--If the non-Federal
interest receives reimbursement for a discrete segment
of a project and fails to complete the entire project
or separable element of the project, the non-Federal
interest shall repay to the Secretary the amount of the
reimbursement, plus interest.
(e) Notification of Committees.--If a non-Federal interest
notifies the Secretary that the non-Federal interest intends to
carry out a project, or separable element thereof, project,
separable element, or discrete segment of a project under this
section, the Secretary shall provide written notice to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives concerning the intent of the non-Federal
interest.
(f) Operation and Maintenance.--Whenever a non-Federal
interest carries out improvements to a federally authorized
harbor or inland harbor, the Secretary shall be responsible for
operation and maintenance in accordance with section 101(b)
if--
(1) before construction of the improvements--
(A) the Secretary determines that the
improvements are feasible and consistent with
the purposes of this title; and
(B) the Secretary and the non-Federal
interest execute a written agreement relating
to operation and maintenance of the
improvements;
(2) the Secretary certifies that the [project or
separable element] project, separable element, or
discrete segment of the project is constructed in
accordance with applicable permits and appropriate
engineering and design standards; and
(3) the Secretary does not find that the [project or
separable element] project, separable element, or
discrete segment is no longer feasible.
* * * * * * *
SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
(a) Trust Fund.--* * *
* * * * * * *
(c) Operation and Maintenance of Harbor Projects.--
(1) In general.--To the maximum extent practicable,
the Secretary shall make expenditures to pay for
operation and maintenance costs of the harbors and
inland harbors referred to in subsection (a)(2),
including expenditures of funds appropriated from the
Harbor Maintenance Trust Fund, based on an equitable
allocation of funds among all such harbors and inland
harbors.
(2) Criteria.--
(A) In general.--In determining an equitable
allocation of funds under paragraph (1), the
Secretary shall--
(i) consider the information obtained
in the assessment conducted under
subsection (e);
(ii) consider the national and
regional significance of harbor
operations and maintenance; and
(iii) as appropriate, consider
national security and military
readiness needs.
(B) Limitation.--The Secretary shall not
allocate funds under paragraph (1) based solely
on the tonnage transiting through a harbor.
(3) Emerging harbor projects.--Notwithstanding any
other provision of this subsection, in making
expenditures under paragraph (1) for each of fiscal
years 2015 through [2022] 2025, the Secretary shall
allocate for operation and maintenance costs of
emerging harbor projects an amount that is not less
than 10 percent of the funds made available under this
section for fiscal year [2012] 2015 to pay the costs
described in subsection (a)(2).
* * * * * * *
(e) Assessment of Harbors and Inland Harbors.--
(1) In general.--* * *
* * * * * * *
(3) Report to congress.--
(A) In general.--For fiscal year 2016, and
biennially thereafter, in conjunction with the
President's annual budget submission to
Congress under section 1105(a) of title 31,
United States Code, the Secretary shall submit
to 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
Appropriations of the House of Representatives
a report that, with respect to harbors and
inland harbors referred to in subsection
(a)(2)--
(i) identifies the operation and
maintenance costs associated with the
harbors and inland harbors, including
those costs required to achieve and
maintain the constructed width and
depth for the harbors and inland
harbors and the costs for expanded uses
at eligible harbors and inland harbors,
on a project-by-project basis;
(ii) identifies the amount of funding
requested in the President's budget for
the operation and maintenance costs
associated with the harbors and inland
harbors, on a project-by-project basis;
(iii) identifies the unmet operation
and maintenance needs associated with
the harbors and inland harbors, on a
project-by-project basis; and
(iv) identifies the harbors and
inland harbors for which the President
will allocate funding over the
subsequent 5 fiscal years for operation
and maintenance activities, on a
project-by-project basis, including the
amounts to be allocated for such
purposes.
(B) Additional requirement.--For the first
report following the date of enactment of the
Water Resources Development Act of 2016, in the
report submitted under subparagraph (A), the
Secretary shall identify, to the maximum extent
practicable, transportation cost savings
realized by achieving and maintaining the
constructed width and depth for the harbors and
inland harbors referred to in subsection
(a)(2), on a project-by-project basis.
[(B)] (C) Public availability.--The Secretary
shall make the report submitted under
subparagraph (A) available to the public,
including on the Internet.
* * * * * * *
SEC. 214. DEFINITIONS.
For purposes of this title--
(1) Deep-draft harbor.--The term ``deep-draft
harbor'' means a harbor which is authorized to be
constructed to a depth of more than [45 feet] 50 feet
(other than a project which is authorized by section
202 of this title).
* * * * * * *
SEC. 704. [33 U.S.C. 2263(B)(1)]
(b) Projects
(1) In generalThe Secretary is further authorized to
conduct projects of alternative or beneficially
modified habitats for fish and wildlife, including but
not limited to man-made reefs for fish. There is
authorized to be appropriated not to
exceed[$60,000,000] $100,000,000 to carry out such
projects.
* * * * * * *
SEC. 729. [33 U.S.C. 2267A] WATERSHED AND RIVER BASIN ASSESSMENTS.
(a) In General.--The Secretary may assess the water resources
needs of river basins and watersheds of the United States,
including needs relating to--
(1)* * *
* * * * * * *
(f) Cost-Sharing Requirements.--
(1) Non-federal share.--The non-Federal share of the
costs of an assessment carried out under this section
on or after December 11, 2000, shall be 25 percent,
except that the first $100,000 of the assessment shall
be a Federal expense.
* * * * * * *
SEC. 906. FISH AND WILDLIFE MITIGATION.
(a) (1)* * *
* * * * * * *
(h) Programmatic Mitigation Plans.-
(1) In general.-* * *
* * * * * * *
(4) Scope.-A programmatic mitigation plan developed
by the Secretary or an entity described in paragraph
(3) to address potential impacts of existing or future
water resources development projects shall, to the
maximum extent practicable-
(A) be developed on a regional, ecosystem,
watershed, or statewide scale;
(B) include specific goals for aquatic
resource and fish and wildlife habitat
restoration, establishment, enhancement, or
preservation;
(C) identify priority areas for aquatic
resource and fish and wildlife habitat
protection or restoration;
(D) include measures to protect or restore
habitat connectivity
[(D)] (E) encompass multiple environmental
resources within a defined geographical area or
focus on a specific resource, such as aquatic
resources or wildlife habitat; and
[(E)] (F) address impacts from all projects
in a defined geographical area or focus on a
specific type of project.
* * * * * * *
(6) Contents.-A programmatic environmental mitigation
plan may include-
(A) an assessment of the condition of
environmental resources in the geographical
area covered by the plan, including an
assessment of recent trends and any potential
threats to those resources;
(B) an assessment of potential opportunities
to improve the overall quality of environmental
resources in the geographical area covered by
the plan through strategic mitigation for
impacts of water resources development
projects;
(C) standard measures for mitigating certain
types of [impacts] impacts, including impacts
to habitat connectivity;
* * * * * * *
(j) Use of Funds.--The Secretary may use funds made available
for preconstruction engineering and design prior to
authorization of project construction to satisfy mitigation
requirements through third-party arrangements or to acquire
interests in land necessary for meeting mitigation requirements
under this section.
* * * * * * *
[33 U.S.C. 701H-1]
ACT OF OCTOBER 15, 1940
* * * * * * *
SEC. 701H-1. CONTRIBUTIONS BY STATES AND POLITICAL SUBDIVISIONS FOR
IMMEDIATE USE ON AUTHORIZED FLOOD-CONTROL WORK;
REPAYMENT.
[Whenever any]
(a) In General.--Whenever any State or political subdivision
thereof shall offer to advance funds for [a flood-control
project duly adopted and authorized by law] an authorized water
resources development study or project, the Secretary of the
Army may in his discretion, receive such funds and expend the
same in the immediate prosecution of [such work] such study or
project. [The Secretary of the Army]
(b) Repayment.--The Secretary of the Army ;is authorized and
directed to repay without interest, [from appropriations which
may be provided by Congress for flood-control work] if specific
appropriations are provided by Congress for such purpose, the
moneys so contributed and expended: Provided, however, That no
repayment of funds which may be contributed for the purpose of
meeting any conditions of local cooperation imposed by
Congress, or under the authority of section 701h of this title,
shall be made.
(c) Definition of State.--In this section, the term `State'
means--
(1) a State;
(2) the District of Columbia;
(3) the Commonwealth of Puerto Rico;
(4) any other territory or possession of the United
States; and
(5) a federally recognized Indian tribe or a Native
village, Regional Corporation, or Village Corporation
(as those terms are defined in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602)).
* * * * * * *
WATER RESOURCES REFORM AND DEVELOPMENT ACT OF 2014
* * * * * * *
SEC. 1001. [33 U.S.C. 2282C] VERTICAL INTEGRATION AND ACCELERATION OF
STUDIES.
(a) In General.--* * *
* * * * * * *
(d) Exception.--
(1) In general.--Notwithstanding the requirements of
subsection (c), the Secretary may extend the timeline
of a study by a period not to exceed 3 years, if the
Secretary determines that the feasibility study is too
complex to comply with the requirements of subsections
(a) and (c).
(2) * * *
* * * * * * *
[(3) Notification.-- Each time the Secretary makes a
determination under this subsection, the Secretary
shall provide written notice to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives as to the results of that
determination, including an identification of the
specific 1 or more factors used in making the
determination that the project is complex.]
(3) Report.--Not later than February 1 of each year,
the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a report that identifies any
feasibility study for which the Secretary in the
preceding fiscal year approved an increase in cost or
extension in time as provided under this section,
including an identification of the specific 1 or more
factors used in making the determination that the
project is complex.
* * * * * * *
SEC. 1011. [33 U.S.C. 2341A] PRIORITIZATION.
(a) Prioritization of Hurricane and Storm Damage Risk
Reduction Efforts.--
(1) Priority.--For authorized projects and ongoing
feasibility studies with a primary purpose of hurricane
and storm damage risk reduction, the Secretary shall
give funding priority to projects and ongoing studies
that--
(A) address an imminent threat to life and
property;
(B) prevent storm surge from inundating
populated areas;
(C) restore or prevent the loss of coastal
wetlands that help reduce the impact of storm
surge;
(D) protect emergency hurricane evacuation
routes or shelters;
(E) prevent adverse impacts to publicly owned
or funded infrastructure and assets;
(F) minimize disaster relief costs to the
Federal Government; and
(G) address hurricane and storm damage risk
reduction in an area for which the President
declared a major disaster in accordance with
section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5170).
(2) Expedited consideration of currently authorized
projects.--Not later than 180 days after [the date of
enactment of this Act] the date of enactment of the
Water Resources Development Act of 2016, the Secretary
shall--
(A) 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 list of all--
(i) ongoing hurricane and storm
damage reduction feasibility studies
that have signed feasibility cost-share
agreements and have received Federal
funds since 2009; and
(ii) authorized hurricane and storm
damage reduction projects [that--
[(I) have been authorized for
more than 20 years but are less
than 75 percent complete; or
(II)] that are undergoing a
post-authorization change
report, general reevaluation
report, or limited reevaluation
report;
(B) identify those projects on the list
required under subparagraph (A) that meet the
criteria described in paragraph (1); and
(C) provide a plan for expeditiously
completing the projects identified under
subparagraph (B), subject to available funding.
(b) Prioritization of Ecosystem Restoration Efforts.--[For]
(1) In general.--For authorized projects with a
primary purpose of ecosystem restoration, the Secretary
shall give funding priority to projects--
[(1)]
(A) that--
[(A)]
(i) address an identified threat to
public health, safety, or welfare;
[(B)]
(ii) preserve or restore ecosystems
of national significance; or
[(C)]
(iii) preserve or restore habitats of
importance for federally protected
species, including migratory birds; and
[(2)]
(B) for which the restoration activities will
contribute to other ongoing or planned Federal,
State, or local restoration initiatives.
(2) Expedited consideration of currently authorized
programmatic authorities.--Not later than 180 days
after the date of enactment of the Water Resources
Development Act of 2016, 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 contains--
(A) a list of all programmatic authorities
for aquatic ecosystem restoration or
improvement of the environment that--
(i) were authorized or modified in
the Water Resources Development Act of
2007 (Public Law 110-114; 121 Stat.
1041) or any subsequent Act; and
(ii) that meet the criteria described
in paragraph (1); and
(B) a plan for expeditiously completing the
projects under the authorities described in
subparagraph (A), subject to available funding.
* * * * * * *
SEC. 1015. CONTRIBUTIONS BY NON-FEDERAL INTERESTS.
(a) In General.--* * *
* * * * * * *
(b) [33 U.S.C. 701h note] Notification for Contributed
Funds.--Prior to accepting funds contributed under section 5 of
the Act of June 22, 1936 (33 U.S.C. 701h), the Secretary shall
provide written notice of the funds to 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
Appropriations of the House of Representatives.
(b) Report.--Not later than February 1 of each year, the
Secretary shall submit to the Committees on Environment and
Public Works and Appropriations of the Senate and the
Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives a report that--
(1) describes the number of agreements executed in
the previous fiscal year for the acceptance of
contributed funds under section 5 of the Act of June
22, 1936 (33 U.S.C. 701h) (commonly known as the `Flood
Control Act of 1936'); and
(2) includes information on the projects and amounts
of contributed funds referred to in paragraph (1).
* * * * * * *
SEC. 1020. [33 U.S.C. 2223] TRANSFER OF EXCESS CREDIT.
[(a) In General.--Subject to subsection (b)]
(a) Application of Credit.--
(1) In general.--Subject to subsection (b), the
Secretary may apply credit for in-kind contributions
provided by a non-Federal interest that are in excess
of the required non-Federal cost share for a water
resources development study or project toward the
required non-Federal cost share for a different water
resources development study or project.
(2) Reasonable intervals.--On request from a non-
Federal interest, the credit described in subsection
(a) may be applied at reasonable intervals as those
intervals occur and are identified as being in excess
of the required non-Federal cost share prior to
completion of the study or project if the credit amount
is verified by the Secretary.
* * * * * * *
[(d) Termination of Authority.--The authority provided in
this section shall terminate 10 years after the date of
enactment of this Act.]
[(e)] (d) Report.--
(1) Deadlines.--
(A) In general.--Not later than 2 years after
the date of enactment of this Act, and once
every 2 years 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 and make publicly available
an interim report on the use of the authority
under this section.
(B) Final report.--Not later than 10 years
after the date of enactment of this Act, 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
and make publicly available a final report on
the use of the authority under this section.
(2) Inclusions.--The reports described in paragraph
(1) shall include--
(A) a description of the use of the authority
under this section during the reporting period;
(B) an assessment of the impact of the
authority under this section on the time
required to complete projects; and
(C) an assessment of the impact of the
authority under this section on other water
resources projects.
* * * * * * *
SEC. 1024. [33 U.S.C. 2325A] AUTHORITY TO ACCEPT AND USE MATERIALS AND
SERVICES.
[(a) In General.--Subject to subsection (b), the Secretary is
authorized to accept and use materials and services contributed
by a non-Federal public entity, a nonprofit entity, or a
private entity for the purpose of repairing, restoring, or
replacing a water resources development project that has been
damaged or destroyed as a result of an emergency if the
Secretary determines that the acceptance and use of such
materials and services is in the public interest.]
(a) In General.--Subject to subsection (b), the Secretary is
authorized to accept and use materials, services, or funds
contributed by a non-Federal public entity, a nonprofit entity,
or a private entity to repair, restore, replace, or maintain a
water resources project in any case in which the District
Commander determines that--
(1) there is a risk of adverse impacts to the
functioning of the project for the authorized purposes
of the project; and
(2) acceptance of the materials and services or funds
is in the public interest.
* * * * * * *
(c) Report.--[Not later than 60 days after initiating an
activity under this section,] Not later than February 1 of each
year after the first fiscal year in which materials, services,
or funds are accepted under this section, 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] an annual report
that includes--
* * * * * * *
SEC. 1027. [33 U.S.C. 426E-2] CLARIFICATION OF MUNITION DISPOSAL
AUTHORITIES.
(a) In General.--The Secretary may, at full Federal expense,
implement any response action the Secretary determines to be
necessary at a site where--
* * * * * * *
(b) Response Action Funding.--A response action described in
subsection (a) shall be [funded] reimbursed from amounts made
available to the agency within the Department of Defense
responsible for the original release of the munitions.
* * * * * * *
SEC. 1046. [33 U.S.C. 2319 NOTE] RESERVOIR OPERATIONS AND WATER SUPPLY.
(a) Dam Optimization.--* * *
* * * * * * *
(c) Surplus Water Storage.--
(1) 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
(commonly known as the ``Flood Control Act of 1944'')
(33 U.S.C. 708) if the contract is for surplus water
stored in the Upper Missouri Mainstem Reservoirs.
(2) Offset.--* * *
* * * * * * *
(5) Time limit.--
(A) In general.--If the Secretary has
documented the volume of surplus water
available, not later than 60 days after the
date on which the Secretary receives a request
for a contract and easement, the Secretary
shall issue a decision on the request.
(B) Outstanding information.--If the
Secretary has not documented the volume of
surplus water available, not later than 30 days
after the date on which the Secretary receives
a request for a contract and easement, the
Secretary shall provide to the requester--
(i) an identification of any
outstanding information that is needed
to make a final decision;
(ii) the date by which the
information referred to in clause (i)
shall be obtained; and
(iii) the date by which the Secretary
will make a final decision on the
request.
* * * * * * *
SEC. 2101. [33 U.S.C. 2238B] FUNDING FOR HARBOR MAINTENANCE PROGRAMS.
(a) Definitions.--In this section:
(1) Total amount of harbor maintenance taxes
received.--The term ``total amount of harbor
maintenance taxes received'' means, with respect to a
fiscal year, the aggregate of amounts appropriated,
transferred, or credited to the Harbor Maintenance
Trust Fund under section 9505(a) of the Internal
Revenue Code of 1986 for that fiscal year as set forth
in the current year estimate provided in the
President's budget request for the subsequent fiscal
year, submitted pursuant to section 1105 of title 31,
United States Code.
(2) Total budget resources.--The term ``total budget
resources'' means the total amount made available by
appropriations Acts from the Harbor Maintenance Trust
Fund for a fiscal year for making expenditures under
section 9505(c) of the Internal Revenue Code of 1986.
(b) Target Appropriations.--
(1) In general.--[The target total] Except as
provided in subsection (c), the target total budget
resources made available to the Secretary from the
Harbor Maintenance Trust Fund for a fiscal year shall
be not less than the following:
(c) Exception.--If the target total budget resources for a
fiscal year described in subparagraphs (A) through (J) of
subsection (b)(1) is lower than the target total budget
resources for the previous fiscal year, then the target total
budget resources shall be adjusted to be equal to the lesser
of--
(1) 103 percent of the total budget resources
appropriated for the previous fiscal year; or
(2) 100 percent of the total amount of harbor
maintenance taxes received in the previous fiscal year.
* * * * * * *
[(c)] (d) Impact on Other Funds.--
(1) Sense of congress.--It is the sense of Congress
that any increase in funding for harbor maintenance
programs under this section shall result from an
overall increase in appropriations for the civil works
program of the Corps of Engineers and not from
reductions in the appropriations for other programs,
projects, and activities carried out by the Corps of
Engineers for other authorized purposes.
(2) Application.--The target total budget resources
for a fiscal year specified in subsection (b)(1) shall
only apply in a fiscal year for which the level of
appropriations provided for the civil works program of
the Corps of Engineers in that fiscal year is
increased, as compared to the previous fiscal year, by
a dollar amount that is at least equivalent to the
dollar amount necessary to address such target total
budget resources in that fiscal year.
* * * * * * *
SEC. 2102. OPERATION AND MAINTENANCE OF HARBOR PROJECTS.
(a) In General.--* * *
* * * * * * *
(d) Guidance.--Not later than 90 days after the date of
enactment of the Water Resources Development Act of 2016 the
Secretary shall publish on the website of the Corps of
Engineers guidance on the implementation of this section and
the amendments made by this section.
* * * * * * *
SEC. 2105. [33 U.S.C. 2243] ARCTIC DEEP DRAFT PORT DEVELOPMENT
PARTNERSHIPS.
(a) In General.--The Secretary may provide technical
assistance to non-Federal public entities, including Indian
tribes (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act [(25 U.S.C. 450b))]
(25 U.S.C. 250b)) and a Native village, Regional Corporation,
or Village Corporation (as those terms are defined in section 3
of the Alaska Native Claims Settlement Act (43 U.S.C. 1602),
for the development, construction, operation, and maintenance
of channels, harbors, and related infrastructure associated
with deep draft ports for purposes of dealing with Arctic
development and security needs.
(b) Acceptance of Funds.--The Secretary is authorized to
accept and expend funds provided by non-Federal public
entities, including Indian tribes (as defined in section 4 of
the Indian Self-Determination and Education Assistance Act [(25
U.S.C. 450b))] (25 U.S.C. 250b)) and a Native village, Regional
Corporation, or Village Corporation (as those terms are defined
in section 3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1602), to carry out the technical assistance activities
described in subsection (a).
(c) Limitation.--No assistance may be provided under this
section until after the date on which the entity to which that
assistance is to be provided enters into a written agreement
with the Secretary that includes such terms and conditions as
the Secretary determines to be appropriate and in the public
interest.
(d) Prioritization.--The Secretary shall prioritize technical
assistance provided under this section for Arctic deep draft
ports identified by the Secretary, the Secretary of Homeland
Security, and the Secretary of Defense as important for Arctic
development and security.
(e) Consideration of National Security Interests.--In
carrying out a study of the feasibility of an Arctic deep draft
port, the Secretary--
(1) shall consult with the Secretary of Homeland
Security and the Secretary of Defense to identify
national security benefits associated with an Arctic
deep draft port; and
(2) if appropriate, as determined by the Secretary,
may determine a port described in paragraph (1) is
feasible based on the benefits described in that
paragraph.
* * * * * * *
SEC. 2106. [33 U.S.C. 2238C] ADDITIONAL MEASURES AT DONOR PORTS AND
ENERGY TRANSFER PORTS.
(a) Definitions.--In this section:
(1) Cargo container.--* * *
* * * * * * *
(4) Energy transfer port.--The term ``energy transfer
port'' means a port--
(A) that is subject to the harbor maintenance
fee under section 24.24 of title 19, [Code of
Federal Regulation] Code of Federal Regulations
(or any successor regulation); and
* * * * * * *
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to carry out this section $50,000,000 for
each of fiscal years 2015 through [2018] 2025.
(2) Division between donor ports and energy transfer
ports.--For each fiscal year, amounts made available to
carry out this section shall be provided in equal
amounts to donor ports and energy transfer ports.
(3) Additional appropriations.--If the target total
budget resources under subparagraphs (A) through (D) of
section 2101(b)(1) are met for each of fiscal years
[2015 through 2018] 2016 through 2020, there is
authorized to be appropriated to carry out this section
$50,000,000 for each of fiscal years [2019 through
2022] 2021 through 2025.
* * * * * * *
SEC. 3013. [33 U.S.C. 701N NOTE] VEGETATION MANAGEMENT POLICY.
(a) Definition of Guidelines.--In this section, the term
``guidelines'' means the Corps of Engineers policy guidelines
for management of vegetation on levees, including--
(1)* * *
* * * * * * *
(g) Interim Actions.--
(1) In general.--Until the date on which revisions to
the guidelines are adopted in accordance with
subsection (f), the Secretary shall not remove existing
vegetation or require the removal of existing
vegetation [as a condition or requirement for any
approval or funding of a project, or any other action],
unless the specific vegetation has been demonstrated to
present an unacceptable safety risk.
(2) Revisions.--Beginning on the date on which the
revisions to the guidelines are adopted in accordance
with subsection (f), the Secretary shall reconsider, on
request of an affected entity, any previous action of
the Corps of Engineers in which the outcome was
affected by the former guidelines.
* * * * * * *
SEC. 3017. [33 U.S.C. 3303A NOTE] REHABILITATION OF EXISTING LEVEES.
(a) In General.--The Secretary shall carry out measures that
address consolidation, settlement, subsidence, sea level rise,
and new datum to restore federally authorized hurricane and
storm damage reduction projects that were constructed as of the
date of enactment of this Act to the authorized levels of
protection of the projects [if the Secretary determines the
necessary work is technically feasible, environmentally
acceptable, and economically justified].
(b) Limitation.--[This section]
(1) In general.--This section shall only apply to
those projects for which the executed project
partnership agreement provides that the non-Federal
interest is not required to perform future measures to
restore the project to the authorized level of
protection of the project to account for subsidence and
sea-level rise as part of the operation, maintenance,
repair, replacement, and rehabilitation
responsibilities.
(2) Requirement.--A measure carried out under
subsection (a) shall be implemented in the same manner
as the repair or restoration of a flood control work
pursuant to section 5 of the Act of August 18, 1941 (33
U.S.C. 701n).
(c) Cost Share.--
(1) In general.--[The non-Federal] Notwithstanding
subsection (b)(2), the non-Federal share of the cost of
construction of a project carried out under this
section shall be determined as provided in subsections
(a) through (d) of section 103 of the Water Resources
Development Act of 1986 (33 U.S.C. 2213).
* * * * * * *
(f) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary to carry out this section
$125,000,000.
* * * * * * *
SEC. 4003. MISSOURI RIVER.
(a) Upper Missouri Basin Flood and Drought Monitoring.--
(1) In general.--* * *
* * * * * * *
(5) Lead agency.--The Corps of Engineers shall be the
lead agency for carrying out and coordinating the
activities described in paragraph (1).
* * * * * * *
SEC. 4009. NORTH ATLANTIC COASTAL REGION.
(a) In General.--The Secretary shall conduct a study at
Federal expense to determine the feasibility of carrying out
projects to restore aquatic ecosystems within the coastal
waters of the Northeastern United States from the State of
Virginia to the State of Maine, including associated bays,
estuaries, and critical riverine areas.
* * * * * * *
SEC. 4014. [33 U.S.C. 2803A] OCEAN AND COASTAL RESILIENCY.
(a) In General.--The Secretary shall conduct studies to
determine the feasibility of carrying out Corps of Engineers
projects in coastal zones to enhance ocean and coastal
ecosystem resiliency.
(b) Study.--In carrying out the study under subsection (a),
the Secretary shall--
(1) as appropriate, coordinate with the heads of
other appropriate Federal agencies, the Governors and
other chief executive officers of the coastal states,
nonprofit organizations, and other interested parties;
(2) identify Corps of Engineers projects in coastal
zones for enhancing ocean and coastal ecosystem
resiliency based on an assessment of the need and
opportunities for, and feasibility of, the projects;
(3) give priority to projects in communities the
existence of which is threatened by rising sea level,
including projects relating to shoreline restoration,
tidal marsh restoration, dunal habitats to protect
coastal infrastructure, reduction of future and
existing emergency repair costs, and projects that use
dredged materials;
[(3)] (4) to the maximum extent practicable, use any
existing Corps of Engineers plans and data; and
[(4)] (5) not later than 365 days after initial
appropriations for this section, and every five years
thereafter subject to the availability of
appropriations, complete a study authorized under
subsection (a).
* * * * * * *
TITLE V--WATER INFRASTRUCTURE FINANCING
* * * * * * *
[Subtitle C--Innovative Financing Pilot Projects]
Subtitle C--Innovative Financing Projects.
SEC. 5023. [33 U.S.C. 3902] AUTHORITY TO PROVIDE ASSISTANCE.
(a) In General.--The Secretary and the Administrator may
provide financial assistance under this subtitle to carry out
[pilot] projects, which shall be selected to ensure a diversity
of project types and geographical locations.
(b) Responsibility.--
(1) Secretary.--The Secretary shall carry out all
[pilot] projects under this subtitle that are eligible
projects under section 5026(1).
(2) Administrator.--The Administrator shall [carry
out] provide financial assistance to carry out all
[pilot] projects under this subtitle that are eligible
projects under paragraphs (2), (3), (4), (5), (6), and
(8) of section 5026.
(3) Other projects.--The Secretary or the
Administrator, as applicable, may carry out eligible
projects under paragraph (7) or (9) of section 5026.
* * * * * * *
SEC. 5026. [33 U.S.C. 3905] PROJECTS ELIGIBLE FOR ASSISTANCE.
The following projects may be carried out with amounts made
available under this subtitle:
(1) Any project for flood damage reduction, hurricane
and storm damage reduction, environmental restoration,
coastal or inland harbor navigation improvement, or
inland and intracoastal waterways navigation
improvement that the Secretary determines is
technically sound, economically justified, and
environmentally acceptable, including--
(A) a project to reduce flood damage;
(B) a project to restore aquatic ecosystems;
(C) a project to improve the inland and
intracoastal waterways navigation system of the
United States; and
(D) a project to improve navigation of a
coastal or inland harbor of the United States,
including channel deepening and construction of
associated general navigation features.
(2) 1 or more activities that are eligible for
assistance under section 603(c) of the Federal Water
Pollution Control Act (33 U.S.C. 1383(c)),
notwithstanding the public ownership requirement under
paragraph (1) of that subsection.
(3) 1 or more activities described in section
1452(a)(2) of the Safe Drinking Water Act (42 U.S.C.
300j-12(a)(2)).
(4) A project for enhanced energy efficiency in the
operation of a public water system or a publicly owned
treatment works.
(5) A project for repair, rehabilitation, or
replacement of a treatment works, community water
system, or aging water distribution or waste collection
facility (including a facility that serves a population
or community of an Indian reservation).
(6) A brackish or sea water [desalination project]
desalination project, including chloride control, a
managed aquifer recharge project, [or a water recycling
project] a water recycling project, or a project to
provide alternative water supplies to reduce aquifer
depletion.
* * * * * * *
SEC. 5029. [33 U.S.C. 3908] SECURED LOANS.
(a) Agreements.--
(1) In general.--Subject to paragraphs (2) and (3),
the Secretary or the Administrator, as applicable, may
enter into agreements with 1 or more obligors to make
secured loans, the proceeds of which shall be used to
finance eligible project costs of any project selected
under section 5028.
(2) Financial risk assessment.--Before entering into
an agreement under this subsection for a secured loan,
the Secretary or the Administrator, as applicable, in
consultation with the Director of the Office of
Management and Budget and each rating agency providing
a rating opinion letter under section 5028(a)(1)(D),
shall determine an appropriate capital reserve subsidy
amount for the secured loan, taking into account each
such rating opinion letter.
(3) Investment-grade rating requirement.--The
execution of a secured loan under this section shall be
contingent on receipt by the senior obligations of the
project of an investment-grade rating.
(b) Terms and Limitations.--
(1) In general.--* * *
* * * * * * *
(7) Fees.--[The Secretary]
(A) In general.--Except as provided in
subparagraph (B), the Secretary or the
Administrator, as applicable, may establish
fees at a level sufficient to cover all or a
portion of the costs to the Federal Government
of making a secured loan under this section.
(B) Financing fees.--On request of a
community with a population of not more than
10,000 individuals, the Secretary or the
Administrator, as applicable, shall allow the
fees under subparagraph (A) to be financed as
part of the loan.;
* * * * * * *
(10) Credit.--Any eligible project costs incurred and
the value of any integral in-kind contributions made
before receipt of assistance under this subtitle shall
be credited toward the 51 percent of project costs to
be provided by sources of funding other than a secured
loan under this subtitle (as described in paragraph
(2)(A).
* * * * * * *
[SEC. 5034. [33 U.S.C. 3913] REPORTS ON PILOT PROGRAM IMPLEMENTATION.]
SEC. 5034. REPORTS ON PROGRAM IMPLEMENTATION.
(a) Agency Reporting.--As soon as practicable after each
fiscal year for which amounts are made available to carry out
this subtitle, the Secretary and the Administrator shall
publish on a dedicated, publicly accessible Internet site--
(1) each application received for assistance under
this subtitle; and
(2) a list of the projects selected for assistance
under this subtitle, including--
(A) a description of each project;
(B) the amount of financial assistance
provided for each project; and
(C) the basis for the selection of each
project with respect to the requirements of
this subtitle.
(b) Reports to Congress.--
* * * * * * *
Subtitle B--General Provisions
SEC. 5014. [33 U.S.C. 2201 NOTE] WATER INFRASTRUCTURE PUBLIC-PRIVATE
PARTNERSHIP PILOT PROGRAM.
(a) In General.--The Secretary shall establish a pilot
program to evaluate the cost effectiveness and project delivery
efficiency of allowing non-Federal pilot applicants to carry
out authorized water resources development projects for coastal
harbor improvement, channel improvement, inland navigation,
flood damage reduction, aquatic ecosystem restoration, and
hurricane and storm damage reduction.
(b) Purposes.--The purposes of the pilot program established
under subsection (a) are--
(1) to identify cost-saving project delivery
alternatives that reduce the backlog of authorized
Corps of Engineers projects; and
(2) to evaluate the technical, financial, and
organizational benefits of allowing a non-Federal pilot
applicant to carry out and manage the design or
construction (or both) of 1 or more of such projects.
(c) Subsequent Appropriations.--[Any activity undertaken
under this section is authorized only to the extent] Nothing in
this section obligates the Secretary to expend funds unless
specifically provided for in subsequent appropriations Acts.
* * * * * * *
SEC. 6002. REVIEW OF CORPS OF ENGINEERS ASSETS.
(a) Assessment and Inventory.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall conduct
an assessment of all properties under the control of the Corps
of Engineers and develop an inventory of the properties that
are not needed for the missions of the Corps of Engineers.
(b) Criteria.--In conducting the assessment and developing
the inventory under subsection (a), the Secretary shall use the
following criteria:
(1) The extent to which the property aligns with the
current missions of the Corps of Engineers.
(2) The economic impact of the property on existing
communities in the vicinity of the property.
(3) The extent to which the utilization rate for the
property is being maximized and is consistent with
nongovernmental industry standards for the given
function or operation.
(4) The extent to which the reduction or elimination
of the property could reduce operation and maintenance
costs of the Corps of Engineers.
(5) The extent to which the reduction or elimination
of the property could reduce energy consumption by the
Corps of Engineers.
(6) The extent to which the property has economic,
cultural, historic, or recreational significance or
impacts at the national, State, or local level.
* * * * * * *
Sec. 1. Short title; table of contents.
TITLE V--WATER INFRASTRUCTURE FINANCING
* * * * * * *
[Subtitle C--Innovative Financing Pilot Projects]
Subtitle C--Innovative Financing Projects
* * * * * * *
[Sec. 5034. Reports on pilot program implementation.]
Sec. 5034. Reports on program implementation.
* * * * * * *
WATER RESOURCES DEVELOPMENT ACT OF 1992
* * * * * * *
SEC. 203. VOLUNTARY CONTRIBUTIONS FOR ENVIRONMENTAL AND RECREATION
PROJECTS.
(a) Acceptance.--* * *
* * * * * * *
SEC. 204. REGIONAL SEDIMENT MANAGEMENT.
(a) In General.--
(1) Sediment use.--* * *
* * * * * * *
(d) Selection of Dredged Material Disposal Method for
Environmental Purposes.--
(1) In general.--In developing and carrying out a
Federal water resources project involving the disposal
of dredged material, the Secretary may select, with the
consent of the non-Federal interest, a disposal method
that is not the least cost option if the Secretary
determines that the incremental costs of the disposal
method are reasonable in relation to the environmental
benefits, including the benefits to the aquatic
environment to be derived from the creation of wetlands
and control of shoreline erosion.
(2) Federal share.--The Federal share of such
incremental costs shall be determined in accordance
with subsection (c).
(3) Special rule.--Disposal of dredged material under
this subsection may include a single or periodic
application of sediment for beneficial use and shall
not require operation and maintenance.
(4) Disposal at non-federal cost.--The Secretary may
accept funds from a non-Federal interest to dispose of
dredged material as provided under section 103(d)(1) of
the Water Resources Development Act of 1986 (33 U.S.C.
2213(d)(1)).
* * * * * * *
SEC. 219. ENVIRONMENTAL INFRASTRUCTURE.
(a) In General.--* * *
* * * * * * *
(f) Additional Assistance.--The Secretary may provide
assistance under subsection (a) and assistance for construction
for the following:
(1) Atlanta, georgia.--* * *
* * * * * * *
(25) Lakes marion and moultrie, south carolina.--
$60,000,000 for wastewater treatment and water supply
treatment and distribution projects in the counties of
Berkeley Calhoun, Clarendon, Colleton, Dorchester,
[Orangeberg, and Sumter] and Orangeberg, South
Carolina.
* * * * * * *
SEC. 225. CHALLENGE COST-SHARING PROGRAM FOR THE MANAGEMENT OF
RECREATION FACILITIES.
(a) In General.--The Secretary is authorized to develop and
implement a program to share the cost of managing recreation
facilities and natural resources at water resource development
projects under the Secretary's jurisdiction.
(b) Cooperative Agreements.--To implement the program under
this section, the Secretary is authorized to enter into
cooperative agreements with non-Federal public and private
entities to provide for operation and management of recreation
facilities and natural resources at civil works projects under
the Secretary's jurisdiction where such facilities and
resources are being maintained at complete Federal expense.
(c) User Fees.--
(1) Collection of fees.--
(A) In general.--The Secretary may allow a
non-Federal public or private entity that has
entered into an agreement pursuant to
subsection (b) to collect user fees for the use
of developed recreation sites and facilities,
whether developed or constructed by that entity
or the Department of the Army.
(B) Use of visitor reservation services.--A
public or private entity described in
subparagraph (A) may use to manage fee
collections and reservations under this section
any visitor reservation service that the
Secretary has provided for by contract or
interagency agreement, subject to such terms
and conditions as the Secretary determines to
be appropriate.
(2) Use of fees.--A non-Federal public or private
entity that collects user fees under paragraph (1)
may--
(A) retain up to 100 percent of the fees
collected, as determined by the Secretary; and
(B) notwithstanding section 210(b)(4) of the
Flood Control Act of 1968 (16 U.S.C. 460d-
3(b)(4)), use that amount for operation,
maintenance, and management at the recreation
site at which the fee is collected.
(3) Terms and conditions.--The authority of a non-
Federal public or private entity under this subsection
shall be subject to such terms and conditions as the
Secretary determines necessary to protect the interests
of the United States.
[(c)] (d) Contributions.--For purposes of carrying out this
section the Secretary may accept contributions of funds,
materials, and services from non-Federal public and private
entities. Any funds received by the Secretary under this
section shall be deposited into the account in the Treasury of
the United States entitled ``Contributions and Advances, Rivers
and Harbors, Corps of Engineers (8662)'' and shall be available
until expended to carry out the purposes of this section.
* * * * * * *
SEC. 401. INTERNATIONAL OUTREACH PROGRAM.
[(a) In General.--The Secretary is authorized to engage in
activities to inform the United States maritime industry and
port authorities of technological innovations abroad that could
significantly improve waterborne transportation in the United
States, both inland and deep draft. Such activities may
include--
[(1) development, monitoring, assessment, and
dissemination of information about foreign water
transportation and port facilities that could
significantly improve water transportation in the
United States;
[(2) research, development, training, and other forms
of technology transfer and exchange; and
[(3) offering technical services which cannot be
readily obtained in the private sector to be
incorporated in the proposals of port authorities or
other water transportation developers if the costs for
assistance will be recovered under the terms of each
project.]
(a) Authorization.--
(1) In general.--The Secretary may engage in
activities to inform the United States of technological
innovations abroad that could significantly improve
water resources development in the United States.
(2) Inclusions.--Activities under paragraph (1) may
include--
(A) development, monitoring, assessment, and
dissemination of information about foreign
water resources projects that could
significantly improve water resources
development in the United States;
(B) research, development, training, and
other forms of technology transfer and
exchange; and
(C) offering technical services that cannot
be readily obtained in the private sector to be
incorporated into water resources projects if
the costs for assistance will be recovered
under the terms of each project.
(b) Cooperation.--The Secretary may carry out the provisions
of this section in cooperation with Federal departments and
agencies, State and local agencies, authorities, institutions,
corporations (profit or nonprofit), foreign governments, or
other organizations.
(c) Funding.--The funds to carry out the provisions of this
section shall include funds deposited in a special account with
the Secretary of the Treasury for such purposes by any
cooperating entity or organization according to cost-sharing
agreements proscribed by the Secretary. Reimbursement for
services provided under this section shall be credited to the
appropriation concerned.
* * * * * * *
[33 U.S.C. 408]
ACT OF MARCH 3, 1899
* * * * * * *
Sec. 14. [It shall not be lawful]
(a) Prohibitions and Permissions.--It shall not be lawful to
construct or commence the construction of any bridge, causeway,
dam, or dike over or in any port, roadstead, haven, harbor,
canal, navigable river, or other navigable water of the United
States until the consent of Congress to the building of such
structures shall have been obtained and until the plans for (1)
the bridge or causeway shall have been submitted to and
approved by the Secretary of the department in which the Coast
Guard is operating, or (2) the dam or dike shall have been
submitted to and approved by the Chief of Engineers and
Secretary of the Army. However, such structures may be built
under authority of the legislature of a State across rivers and
other waterways the navigable portions of which lie wholly
within the limits of a single State, provided the location and
plans thereof are submitted to and approved by the Secretary of
the department in which the Coast Guard is operating or by the
Chief of Engineers and Secretary of the Army before
construction is commenced. When plans for any bridge or other
structure have been approved by the Secretary of the department
in which the Coast Guard is operating or by the Chief of
Engineers and Secretary of the Army, it shall not be lawful to
deviate from such plans either before or after completion of
the structure unless modification of said plans has previously
been submitted to and received the approval of the Secretary of
the department in which the Coast Guard is operating or the
Chief of Engineers and the Secretary of the Army. The approval
required by this section of the location and plans or any
modification of plans of any bridge or causeway does not apply
to any bridge or causeway over waters that are not subject to
the ebb and flow of the tide and that are not used and are not
susceptible to use in their natural condition or by reasonable
improvement as a means to transport interstate or foreign
commerce.
(b) Local Flood Protection Works.--Permission under
subsection (a) for alterations to a Federal levee, floodwall,
or flood risk management channel project may be granted by a
District Engineer of the Department of the Army.
(c) Concurrent Review.--
(1) In general.--In any case in which an activity
subject to this section requires a review under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), review and approval under this section
shall, to the maximum extent practicable, occur
concurrently with any review and decisions made under
that Act.
(2) Corps of engineers as a cooperating agency.--If
the Corps of Engineers is not the lead Federal agency
for an environmental review described in paragraph (1),
the Chief of Engineers shall, to the maximum extent
practicable--
(A) participate in the review as a
cooperating agency (unless the Chief of
Engineers does not intend to submit comments on
the project); and
(B) adopt and use any environmental document
prepared under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) by
the lead agency to the same extent that a
Federal agency could adopt or use a document
prepared by another Federal agency under--
(i) the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.);
and
(ii) parts 1500 through 1508 of title
40, Code of Federal Regulations (or
successor regulations).
* * * * * * *
ACT OF JUNE 22, 1936
* * * * * * *
Sec. 5. [33 U.S.C. 701h] That pursuant to the policy outlined
in sections 1 and 3, the following works of improvement, for
the benefit of navigation and the control of destructive flood
waters and other purposes, are hereby adopted and authorized to
be prosecuted, in order of their emergency as may be designated
by the President, under the direction of the Secretary of War
and supervision of the Chief of Engineers in accordance with
the plans in the respective reports and records hereinafter
designated: Provided, That penstocks or other similar
facilities, adapted to possible future use in the development
of adequate electric power may be installed in any dam herein
authorized when approved by the Secretary of War upon the
recommendation of the Chief of Engineers. Provided further,
That the Secretary of War is authorized to receive from States
and political subdivisions thereof and other non-Federal
interests, such funds as may be contributed by them for work,
which includes planning and design, to be expended in
connection with [funds appropriated by the United States for]
any authorized water resources development study or project,
including a project for navigation on the inland waterways,
whenever such work and expenditure may be considered by the
Secretary of War, on recommendation of the Chief of Engineers,
as advantageous in the public interest, and the plans for any
reservoir project may, in the discretion of the Secretary of
War, on recommendation of the Chief of Engineers, be modified
to provide additional storage capacity for domestic water
supply or other conservation storage, on condition that the
cost of such increased storage capacity is contributed by local
agencies and that the local agencies agree to utilize such
additional storage capacity in a manner consistent with Federal
uses and purposes: And provided further, That
whenpara.ntributions made by States and political subdivisions
thereof and other non-Federal interests, are in excess of the
actual cost of the work contemplated and properly chargeable to
such contributions, such excess contributions may, with the
approval of the Secretary of War, be returned to the proper
representatives of the contributing interests: Provided
further, That the term ``States'' means the several States, the
District of Columbia, the commonwealths, territories, and
possessions of the United States, and Federally recognized
Indian tribes: Provided further, That the term ``non-Federal
interest'' has the meaning given that term in section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b).
* * * * * * *
WATER RESOURCES DEVELOPMENT ACT OF 2007
* * * * * * *
SEC. 2006. [33 U.S.C. 2242] REMOTE AND SUBSISTENCE HARBORS.
(a) In General.--In conducting a study of harbor and
navigation improvements, the Secretary may recommend a project
without the need to demonstrate that the project is justified
solely by national economic development benefits if the
Secretary determines that--
(1)(A) the community to be served by the project is
at least 70 miles from the nearest surface accessible
commercial port and has no direct rail or highway link
to another community served by a surface accessible
port or harbor; or
(B) the project would be located in the State of
Hawaii, the Commonwealth of Puerto Rico, Guam, the
Commonwealth of the Northern Mariana Islands, the
United States Virgin Islands, or American Samoa;
(2) the harbor is economically critical such that
over 80 percent of the goods transported through the
harbor would be consumed within the community served by
the harbor and navigation improvement; and
(3) the long-term viability of the community in which
the project is located or of a community that is
located in the region that is served by the project and
that will rely on the project would be threatened
without the harbor and navigation improvement.
(b) Justification.--In considering whether to recommend a
project under subsection (a), the Secretary shall consider the
benefits of the project to--
(1) public health and safety of the local community
or of a community that is located in the region to be
served by the project and that will rely on the
project, including access to facilities designed to
protect public health and safety;
(2) access to natural resources for subsistence
purposes;
(3) local and regional economic opportunities;
(4) welfare of the [local population] regional
population to be served by the project; and
(5) social and cultural value to the [community]
local community or to a community that is located in
the region to be served by the project and that will
rely on the project.
* * * * * * *
SEC. 2036. MITIGATION FOR FISH AND WILDLIFE AND WETLANDS LOSSES.
* * * * * * *
(c) Wetlands Mitigation.--
(1) In general.--In carrying out a water resources
project that involves wetlands mitigation and that has
impacts that occur within the service area of a
mitigation bank, the Secretary, where appropriate,
shall first consider the use of the mitigation bank if
the bank contains sufficient available credits to
offset the impact and the bank is approved in
accordance with the Federal Guidance for the
Establishment, Use and Operation of Mitigation Banks
(60 Fed. Reg. 58605) or other applicable Federal law
(including regulations).
(2) Service area.--To the maximum extent practicable,
the service area of the mitigation bank under paragraph
(1) shall be in the same watershed as the affected
habitat.
(3) Responsibility for monitoring.--
(A) In general.--Purchase of credits from a
mitigation bank for a water resources project
relieves the Secretary and the non-Federal
interest from responsibility for monitoring or
demonstrating mitigation success.
(B) Applicability.--The relief of
responsibility under subparagraph (A) applies
only in any case in which the Secretary
determines that monitoring of mitigation
success is being conducted by the Secretary or
by the owner or operator of the mitigation
bank.
(4) Mitigation banks.--
(A) In general.--Not later than 180 days
after the date of enactment of this paragraph,
the Secretary shall issue implementation
guidance that provides for the consideration of
the entire amount of potential credits
available at in-kind, in-basin mitigation banks
and in-lieu fee programs for water resource
development project feasibility studies.
(B) Requirements.--All potential mitigation
bank and in-lieu fee credits shall be
considered a reasonable alternative for
planning purposes if the applicable mitigation
bank--
(i) has an approved mitigation
banking instrument; and
(ii) has completed a functional
analysis of the potential credits using
the approved Corps of Engineers
certified habitat assessment model
specific to the region.
* * * * * * *
SEC. 2039. [33 U.S.C. 2330A] MONITORING ECOSYSTEM RESTORATION.
(a) In General.--In conducting a feasibility study for a
project (or a component of a project) for ecosystem
restoration, the Secretary shall ensure that the recommended
project includes, as an integral part of the project, a plan
for monitoring the success of the ecosystem restoration.
(b) Monitoring Plan.--The monitoring plan shall--
(1) include a description of the monitoring
activities to be carried out, the criteria for
ecosystem restoration success, and the estimated cost
and duration of the monitoring; and
(2) specify that the monitoring shall continue until
such time as the Secretary determines that the criteria
for ecosystem restoration success will be met.
(c) Cost Share.--For a period of 10 years from completion of
construction of a project (or a component of a project) for
ecosystem restoration, the Secretary shall consider the cost of
carrying out the monitoring as a project cost. If the
monitoring plan under subsection (b) requires monitoring beyond
the 10-year period, the cost of monitoring shall be a non-
Federal responsibility.
(d) Inclusions.--A monitoring plan under subsection (b) shall
include a description of--
(1) the types and number of restoration activities to
be conducted;
(2) the physical action to be undertaken to achieve
the restoration objectives of the project;
(3) the functions and values that will result from
the restoration plan; and
(4) a contingency plan for taking corrective actions
in cases in which monitoring demonstrates that
restoration measures are not achieving ecological
success in accordance with criteria described in the
monitoring plan.
(e) Conclusion of Operation and Maintenance Responsibility.--
The responsibility of the non-Federal sponsor for operation,
maintenance, repair, replacement, and rehabilitation of the
ecosystem restoration project shall cease 10 years after the
date on which the Secretary makes a determination of success
under subsection (b)(2).
* * * * * * *
SEC. 3032. SALTON SEA RESTORATION, CALIFORNIA.
(a) Definitions.--In this section, the following definitions
apply:
(1) Salton sea authority.--The term ``Salton Sea
Authority'' means the joint powers authority
established under the laws of the State by a joint
power agreement signed on June 2, 1993.
(2) Salton sea science office.--The term ``Salton Sea
Science Office'' means the office established by the
United States Geological Survey and located on the date
of enactment of this Act in La Quinta, California.
(3) State.--The term ``State'' means the State of
California.
(b) [Pilot Projects]Projects.--
(1) In general.--
(A) Review.--The Secretary shall review the
plan approved by the State, entitled the
``Salton Sea Ecosystem Restoration Program
Preferred Alternative Report and Funding
Plan'', and dated May 2007 to determine whether
[the pilot] projects described in the plan are
feasible.
(B) Implementation.--
(i) In general.--Subject to clause
(ii), if the Secretary determines that
[the pilot] projects referred to in
subparagraph (A) meet the requirements
described in that subparagraph, the
Secretary may--
(I) enter into an agreement
with the State, Salton Sea
Authority, or other non-Federal
interest; and
(II) in consultation with the
Salton Sea Authority and the
Salton Sea Science Office,
carry out [pilot] projects for
improvement of the environment
in the area of the Salton Sea.
(ii) Requirement.--The Secretary
shall be a party to each contract for
construction entered into under this
subparagraph.
(2) Local participation.--In prioritizing [pilot]
projects under this section, the Secretary shall--
(A) consult with the State, the Salton Sea
Authority, and the Salton Sea Science Office;
and
(B) take into consideration the priorities of
the State and the Salton Sea Authority.
(3) Cost sharing.--Before carrying out a [pilot]
project under this section, the Secretary shall enter
into a written agreement with the State, Salton Sea
Authority, or other non-Federal interest that requires
the non-Federal interest for the [pilot] project to pay
35 percent of the total costs of the [pilot] project.
(c) Authorization of Appropriations.--There is authorized to
be appropriated to carry out subsection (b) $30,000,000, of
which not more than $5,000,000 shall be used for any one
[pilot] project under this section.
* * * * * * *
SEC. 5056. RIO GRANDE ENVIRONMENTAL MANAGEMENT PROGRAM, COLORADO, NEW
MEXICO, AND TEXAS.
(a) Definitions.--* * *
* * * * * * *
(f) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary to carry out this section
$15,000,000 for each of fiscal years 2008 through 2011.
* * * * * * *
FLOOD CONTROL ACT OF 1970
* * * * * * *
SEC. 221. [42 U.S.C. 1962D-5B] WRITTEN AGREEMENT REQUIREMENT FOR WATER
RESOURCES PROJECTS.
(a) Cooperation of Non-Federal Interest.--
(1) In general.--* * *
* * * * * * *
(4) Credit for in-kind contributions.--
(A) In general.--A partnership agreement
described in paragraph (1) may provide with
respect to a project that the Secretary shall
credit toward the non-Federal share of the cost
of the project, including a project implemented
without specific authorization in law or a
project under an environmental infrastructure
assistance program, the value of in-kind
contributions made by the non-Federal interest,
including--
(i)* * *
* * * * * * *
(D) Limitations.--Credit authorized under
this paragraph for a project--
(i) shall not exceed the non-Federal
share of the cost of the project;
(ii) shall not alter any requirement
that a non-Federal interest pay a
portion of the costs of construction of
the project under sections 101(a)(2)
and 103(a)(1)(A) of the Water Resources
Development Act of 1986 (33 U.S.C.
2211(a)(2); 33 U.S.C. 2213(a)(1)(A)) of
the Water Resources Development Act of
1986 (33 U.S.C. 2211; 33 U.S.C. 2213);
and
(iii) shall not alter any requirement
that a non-Federal interest pay a
portion of the costs of construction of
the project under sections 101 and 103
of the Water Resources Development Act
of 1986 (33 U.S.C. 2211; 33 U.S.C.
2213); and
(iv) regardless of the cost incurred
by the non-Federal interest, shall not
exceed the actual and reasonable
[costs] value of the materials,
services, or other things provided by
the non-Federal interest, as
* * * * * * *
(b) Definition of Non-Federal Interest.--The term ``non-
Federal interest'' means--
(1) a legally constituted public body (including a
federally recognized Indian tribe or a Native village,
Regional Corporation, or Village Corporation (as those
terms are defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602))); or
* * * * * * *
[PUBLIC LAW 106-541--DEC. 11, 2000]
WATER RESOURCES DEVELOPMENT ACT OF 2000
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act many be cited as the ``Water
Resources Development Act of 2000''.
* * * * * * *
SEC. 101. PROJECT AUTHORIZATIONS.
(a) * * *
* * * * * * *
SEC. 203. TRIBAL PARTNERSHIP PROGRAM.
(a) * * *
* * * * * * *
SEC. 213. [33 U.S.C. 2339] ASSISTANCE PROGRAMS.
(a) Conservation and Recreation Management.--To further
training and educational opportunities about water resources
development projects under the jurisdiction of the Secretary,
the Secretary may enter into cooperative agreements with non-
Federal public and nonprofit entities for services relating to
natural resources conservation or recreation management.
(b) Rural Community Assistance.--In carrying out studies and
projects under the jurisdiction of the Secretary, the Secretary
may enter into cooperative agreements with multistate regional
private nonprofit rural community assistance entities for
services, including water resource assessment, community
participation, planning, development, and management
activities.
(c) Cooperative Agreements.--A cooperative agreement entered
into under this section shall not be considered to be, or
treated as being, a cooperative agreement to which chapter 63
of title 31, United States Code, applies.
(d) Youth Service and Conservation Corps.--The Secretary
shall encourage each district of the Corps of Engineers to
enter into cooperative agreements authorized under this section
with qualified youth service and conservation corps to perform
appropriate projects.
SEC. 214. FUNDING TO PROCESS PERMITS.
(a) Funding to Process Permits.--
(1) Definitions.--In this subsection:
(A) Natural gas company.--The term ``natural
gas company'' has the meaning given the term in
section 1262 of the Public Utility Holding
Company Act of 2005 (42 U.S.C. 16451), except
that the term also includes a person engaged in
the transportation of natural gas in intrastate
commerce.
(B) Public-utility company.--The term
``public-utility company'' has the meaning
given the term in section 1262 of the Public
Utility Holding Company Act of 2005 (42 U.S.C.
16451).
(C) Rail carrier.--The term `rail carrier'
has the meaning given the term in section 10102
of title 49, United States Code.
(2) Permit processing.--The Secretary, after public
notice, may accept and expend funds contributed by a
non-Federal public entity or a public-utility company
[or natural gas company] , natural gas company, or rail
carrier to expedite the evaluation of a permit of that
entity or company related to a project or activity for
a public purpose under the jurisdiction of the
Department of the Army.
(3) Limitation for public-utility and natural gas
companies.--The authority provided under paragraph (2)
to a public-utility company [or natural gas company] ,
natural gas company, or rail carrier shall expire on
the date that is 7 years after the date of enactment of
this paragraph.
(4) Effect on other entities.--To the maximum extent
practicable, the Secretary shall ensure that expediting
the evaluation of a permit through the use of funds
accepted and expended under this section does not
adversely affect the timeline for evaluation (in the
Corps district in which the project or activity is
located) of permits under the jurisdiction of the
Department of the Army of other entities that have not
contributed funds under this section.
(5) GAO study.--Not later than 4 years after the date
of enactment of this paragraph, the Comptroller General
of the United States shall carry out a study of the
implementation by the Secretary of the authority
provided under paragraph (2) to public-utility
companies [and natural gas companies] , natural gas
companies, and rail carriers, including an evaluation
of the compliance with all requirements of this section
and, with respect to a permit for those entities, the
requirements of all applicable Federal laws.
* * * * * * *
SEC. 536. LOWER COLUMBIA RIVER AND TILLAMOOK BAY ECOSYSTEM RESTORATION,
OREGON AND WASHINGTON.
(a) In General.--* * *
* * * * * * *
(g) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section [$50,000,000]
$75,000,000.
* * * * * * *
SEC. 544. PUGET SOUND AND ADJACENT WATERS RESTORATION, WASHINGTON.
(a)* * *
* * * * * * *
(f) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $40,000,000, of which
not more than [$5,000,000] $10,000,000 may be used to carry out
any 1 critical restoration project.
* * * * * * *
[33 U.S.C. 603A]
ACT OF MARCH 2,1945
SEC. 603A. REMOVAL OF SNAGS AND DEBRIS, AND STRAIGHTENING, CLEARING,
AND PROTECTING CHANNELS IN NAVIGABLE WATERS
The Secretary of the Army is authorized to allot not to
exceed [1,000,000] $5,000,000 from any appropriations made
prior to or after March 2, 1945, for any one fiscal year for
improvement of rivers and harbors, for removing [accumulated
snags and other debris] accumulated snags, obstructions, and
other debris located in or adjacent to a Federal channel and
other debris, and for protecting, clearing, and straightening
channels in navigable harbors and navigable streams and
tributaries thereof, when in the opinion of the Chief of
Engineers such work is advisable in the interest of navigation
[or flood control], flood control, or recreation.
* * * * * * *
WATER RESOURCES DEVELOPMENT ACT OF 1974
Sec. 22. (a) Federal State Cooperation.--
(1) Comprehensive plans.--The Secretary of the Army,
acting through the Chief of Engineers, is authorized to
cooperate with any State or other non-Federal interest
working with a State , a group of States, or a regional
or national consortia of States 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], 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.
* * * * * * *
[33 U.S.C. 426G(C)(2)(B)]
ACT OF AUGUST 13, 1946
(c) Authorization of appropriations--.
(1) In general--Subject to paragraph (2), the
Secretary may expend, from any appropriations made
available to the Secretary for the purpose of carrying
out civil works, not more than $30,000,000 during any
fiscal year to pay the Federal share of the costs of
construction of small shore and beach restoration and
protection projects or small projects under this
section.
(2) Limitation--The total amount expended for a
project under this section shall-
(A) be sufficient to pay the cost of Federal
participation in the project (including
periodic nourishment as provided for under
section 426e of this title), as determined by
the Secretary; and
(B) be not more than [$5,000,000]
$10,000,000.
* * * * * * *
RIVER AND HARBOR ACT OF 1958-(Section 104)
* * * * * * *
Sec. 104. [33 U.S.C. 610] (a)(1) In general.--There is hereby
authorized a comprehensive program to provide for prevention,
control, and progressive eradication of noxious aquatic plant
growths and aquatic invasive species from the navigable waters,
tributary streams, connecting channels, and other allied waters
of the United States, in the combined interest of navigation,
flood control, drainage, agriculture, fish and wildlife
conservation, public health, and related purposes, including
continued research for development of the most effective and
economic control measures, to be administered by the Chief of
Engineers, under the direction of the Secretary of the Army, in
cooperation with other Federal and State agencies.
(2) * * *
* * * * * * *
(d) Watercraft Inspection Stations.--
(1) In general.--In carrying out this section, the
Secretary may establish watercraft inspection [stations
in the Columbia River Basin to be located in the States
of Idaho, Montana, Oregon, and Washington] stations to
protect the Columbia River Basin at locations, as
determined by the Secretary, with the highest
likelihood of preventing the spread of aquatic invasive
species at reservoirs operated and maintained by the
Secretary.
(3) Coordination.-- In carrying out this subsection,
the Secretary shall consult and coordinate with--
[(A) the States described in paragraph (1);]
(A) the Governor of each State in which a
station is established under paragraph (1);
* * * * * * *
RIVER AND HARBOR ACT OF 1968 (Secs. 111 and 117)
* * * * * * *
Sec. 111. [33 USC 426i] (a) In General.--The Secretary of the
Army is authorized to investigate, study, plan, and implement
structural and nonstructural measures for the prevention or
mitigation of shore damages attributable to Federal navigation
works and shore damage attributable to the Atlantic
Intracoastal Waterway and the Gulf Intracoastal Waterway, if a
non-Federal public body agrees to operate and maintain such
measures, and, in the case of interests in real property
acquired in conjunction with nonstructural measures, to operate
and maintain the property for public purposes in accordance
with regulations prescribed by the Secretary.
(b) Cost Sharing.--The costs of implementing [measures under
this section shall be cost-shared in the same proportion as the
cost-sharing provisions applicable to the project] measures,
including a study, shall be cost-shared in the same proportion
as the cost-sharing provisions applicable to construction of
the project causing the shore damage.
(c) Requirement for Specific Authorization.--No such project
shall be initiated without specific authorization by Congress
if the Federal first cost exceeds $10,000,000.
(d) Coordination.--The Secretary shall--
(1) coordinate the implementation of the measures
under this section with other Federal and non-Federal
shore protection projects in the same geographic area;
and
(2) to the extent practicable, combine mitigation
projects with other shore protection projects in the
same area into a comprehensive regional project.
(e) Reimbursement for Feasibility Studies.--Beginning on the
date of enactment of this subsection, in any case in which the
Secretary implements a project under this section, the
Secretary shall reimburse or credit the non-Federal interest
for any amounts contributed for the study evaluating the damage
in excess of the non-Federal share of the costs, as determined
under subsection (b).
* * * * * * *
[Act Aug. 18, 1941, ch. 377]
* * * * * * *
Sec. 5. [33 USC 701n] (a)(1) That there is authorized an
emergency fund to be expended in preparation for emergency
response to any natural disaster, in flood fighting and rescue
operations, or in the repair or restoration of any flood
control work threatened or destroyed by flood, including the
strengthening, raising, extending, or other modification
thereof as may be necessary in the discretion of the Chief of
Engineers for the adequate functioning of the work for flood
control and subject to the condition that the Chief of
Engineers may include modifications to the structure or
project, or in implementation of nonstructural alternatives to
the repair or restoration of such flood control work if
requested by the non-Federal sponsor; in the emergency
protection of federally authorized hurricane or shore
protection being threatened when in the discretion of the Chief
of Engineers such protection is warranted to protect against
imminent and substantial loss to life and property; in the
repair and restoration of any federally authorized hurricane or
shore protective 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, such repair and restoration is warranted
for the adequate functioning of the structure or project for
hurricane or shore protection, subject to the condition that
the Chief of Engineers may include modifications to the
structure or project to address major deficiencies or implement
nonstructural alternatives to the repair or restoration of the
structure if requested by the non-Federal sponsor. The
emergency fund may also be expended for emergency dredging for
restoration of authorized project depths for Federal navigable
channels and waterways made necessary by flood, drought,
earthquake, or other natural disasters. In any case in which
the Chief of Engineers is otherwise performing work under this
section in an area for which the Governor of the affected State
has requested a determination that an emergency exists or a
declaration that a major disaster exists under the Disaster
Relief and Emergency Assistance Act, the Chief of Engineers is
further authorized to perform on public and private lands and
waters for a period of ten days following the Governor's
request any emergency work made necessary by such emergency or
disaster which is essential for the preservation of life and
property, including, but not limited to, channel clearance,
emergency shore protection, clearance and removal of debris and
wreckage endangering public health and safety, and temporary
restoration of essential public facilities and services. The
Chief of Engineers, in the exercise of his discretion, is
further authorized to provide emergency supplies of clean
water, on such terms as he determines to be advisable, to any
locality which he finds is confronted with a source of
contaminated water causing or likely to cause a substantial
threat to the public health and welfare of the inhabitants of
the locality. The appropriation of such moneys for the initial
establishment of this fund and for its replenishment on an
annual basis, is authorized: Provided, That pending the
appropriation of sums to such emergency fund, the Secretary of
the Army may allot, from existing flood-control appropriations,
such sums as may be necessary for the immediate prosecution of
the work herein authorized, such appropriations to be
reimbursed from the appropriation herein authorized when made.
The Chief of Engineers is authorized, in the prosecution of
work in connection with rescue operations, or in conducting
other flood emergency work, to acquire on a rental basis such
motor vehicles, including passenger cars and buses, as in his
discretion are deemed necessary.
(2) 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--
(A) residential establishments;
(B) commercial establishments, including the
protection of inventory; and
(C) agricultural establishments, including
the protection of crops.
(3) Definition of nonstructural alternatives.--In
this subsection, `nonstructural alternatives' includes
efforts to restore or protect natural resources
including streams, rivers, floodplains, wetlands, or
coasts, if those efforts will reduce flood risk.
(c) Levee Owners Manual.--
(1) In general.--* * *
* * * * * * *
(d) Increased Level of Protection.--In conducting repair or
restoration work under subsection (a), at the request of the
non-Federal sponsor, the Secretary may increase the level of
protection above the level to which the system was designed,
or, if the repair and rehabilitation includes repair or
rehabilitation of a pumping station, will increase the capacity
of a pump, if--
(1) the Chief of Engineers determines the
improvements are in the public interest, including
consideration of whether--
(A) the authority under this section has been
used more than once at the same location;
(B) there is an opportunity to decrease
significantly the risk of loss of life and
property damage; or
(C) there is an opportunity to decrease total
life cycle rehabilitation costs for the
project; and
(2) the non-Federal sponsor agrees to pay the
difference between the cost of repair, restoration, or
rehabilitation to the original design level or original
capacity and the cost of achieving the higher level of
protection or capacity sought by the non-Federal
sponsor.
(e) Notice.--The Secretary shall notify the non-Federal
sponsor of the opportunity to request implementation of
nonstructural alternatives to the repair or restoration of the
flood control work under subsection (a).
NATIONAL DAM SAFETY PROGRAM ACT
(33 U.S.C. 467 NT)
* * * * * * *
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Board.--The term ``Board'' means a National Dam
Safety Review Board established under section 8(f).
(2) Dam.--The term ``dam''--
(A) means any artificial barrier that has the
ability to impound water, wastewater, or any
liquid-borne material, for the purpose of
storage or control of water, that--
(i) is 25 feet or more in height
from--
(I) the natural bed of the
stream channel or watercourse
measured at the downstream toe
of the barrier; or
(II) if the barrier is not
across a stream channel or
watercourse, from the lowest
elevation of the outside limit
of the barrier;
to the maximum water storage elevation;
or
(ii) has an impounding capacity for
maximum storage elevation of 50 acre-
feet or more; but
(B) does not include--
(i) a levee; or
(ii) a barrier described in
subparagraph (A) that--
(I) is 6 feet or less in
height regardless of storage
capacity; or
(II) has a storage capacity
at the maximum water storage
elevation that is 15 acre-feet
or less regardless of height;
unless the barrier, because of the
location of the barrier or another
physical characteristic of the barrier,
is likely to pose a significant threat
to human life or property if the
barrier fails (as determined by the
Director).
(3) Director.--The term ``Director'' means the
Director of FEMA.
(4) Eligible high hazard potential dam.--
(A) In general.--The term `eligible high
hazard potential dam' means a non-Federal dam
that--
(i) is located in a State with a
State dam safety program;
(ii) is classified as `high hazard
potential' by the State dam safety
agency in the State in which the dam is
located;
(iii) has an emergency action plan
approved by the relevant State dam
safety agency; and
(iv) the State in which the dam is
located determines--
(I) fails to meet minimum dam
safety standards of the State;
and
(II) poses an unacceptable
risk to the public.
(B) Exclusion.--The term `eligible high
hazard potential dam' does not include--
(i) a licensed hydroelectric dam; or
(ii) a dam built under the authority
of the Secretary of Agriculture.
[(4)] (5) Federal agency.--The term ``Federal
agency'' means a Federal agency that designs, finances,
constructs, owns, operates, maintains, or regulates the
construction, operation, or maintenance of a dam.
[(5)] (6) Federal guidelines for dam safety.--The
term ``Federal Guidelines for Dam Safety'' means the
FEMA publication, numbered 93 and dated June 1979, that
defines management practices for dam safety at all
Federal agencies.
[(6)] (7) FEMA.--The term ``FEMA'' means the Federal
Emergency Management Agency.
[(7)] (8) Hazard reduction.--The term ``hazard
reduction'' means the reduction in the potential
consequences to life and property of dam failure.
[(8)] (9) ICODS.--The term ``ICODS'' means the
Interagency Committee on Dam Safety established by
section 7.
(10) Non-federal sponsor.--The term `non-Federal
sponsor', in the case of a project receiving assistance
under section 8A, includes--
(A) a governmental organization; and
(B) a nonprofit organization.
[(9)] (11) Program.--The term ``Program'' means the
national dam safety program established under section
8.
(12) Rehabilitation.--The term `rehabilitation' means
the repair, replacement, reconstruction, or removal of
a dam that is carried out to meet applicable State dam
safety and security standards.
[(10)] (13) State.--The term ``State'' means each of
the several States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, and any other
territory or possession of the United States.
[(11)] (14) State dam safety agency.--The term
``State dam safety agency'' means a State agency that
has regulatory authority over the safety of non-Federal
dams.
[(12)] (15) State dam safety program.--The term
``State dam safety program'' means a State dam safety
program approved and assisted under section 8(e).
[(13)] (16) United states.--The term ``United
States'', when used in a geographical sense, means all
of the States.
* * * * * * *
SEC. 8. NATIONAL DAM SAFETY PROGRAM.
(a) In General.--The Director, in consultation with ICODS and
State dam safety agencies, and the Board shall establish and
maintain, in accordance with this section, a coordinated
national dam safety program. The Program shall--
(1)* * *
* * * * * * *
SEC. 8A. REHABILITATION OF HIGH HAZARD POTENTIAL DAMS.
(a) Establishment of Program.--The Administrator shall
establish, within FEMA, a program to provide technical,
planning, design, and construction assistance in the form of
grants to non-Federal sponsors for rehabilitation of eligible
high hazard potential dams.
(b) Eligible Activities.--A grant awarded under this section
for a project may be used for--
(1) repair;
(2) removal; or
(3) any other structural or nonstructural measures to
rehabilitate a high hazard potential dam.
(c) Award of Grants.--
(1) Application.--
(A) In general.--A non-Federal sponsor
interested in receiving a grant under this
section may submit to the Administrator an
application for the grant.
(B) Requirements.--An application submitted
to the Administrator under this section shall
be submitted at such time, be in such form, and
contain such information as the Administrator
may prescribe by regulation pursuant to section
3004(c) of the Water Resources Development Act
of 2016.
(2) Grant.--
(A) In general.--The Administrator may make a
grant in accordance with this section for
rehabilitation of a high hazard potential dam
to a non-Federal sponsor that submits an
application for the grant in accordance with
the regulations prescribed by the
Administrator.
(B) Project grant agreement.--The
Administrator shall enter into a project grant
agreement with the non-Federal sponsor to
establish the terms of the grant and the
project, including the amount of the grant.
(C) Grant assurance.--As part of a project
grant agreement under subparagraph (B), the
Administrator shall require the non-Federal
sponsor to provide an assurance, with respect
to the dam to be rehabilitated under the
project, that the owner of the dam has
developed and will carry out a plan for
maintenance of the dam during the expected life
of the dam.
(D) Limitation.--A grant provided under this
section shall not exceed the lesser of--
(i) 12.5 percent of the total amount
of funds made available to carry out
this section; or
(ii) $7,500,000.
(d) Requirements.--
(1) Approval.--A grant awarded under this section for
a project shall be approved by the relevant State dam
safety agency.
(2) Non-federal sponsor requirements.--To receive a
grant under this section, the non-Federal sponsor
shall--
(A) participate in, and comply with, all
applicable Federal flood insurance programs;
(B) have in place a hazard mitigation plan
that--
(i) includes all dam risks; and
(ii) complies with the Disaster
Mitigation Act of 2000 (Public Law 106-
390; 114 Stat. 1552);
(C) commit to provide operation and
maintenance of the project for the 50-year
period following completion of rehabilitation;
(D) comply with such minimum eligibility
requirements as the Administrator may establish
to ensure that each owner and operator of a dam
under a participating State dam safety
program--
(i) acts in accordance with the State
dam safety program; and
(ii) carries out activities relating
to the public in the area around the
dam in accordance with the hazard
mitigation plan described in
subparagraph (B); and
(E) comply with section 611(j)(9) of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196(j)(9))
(as in effect on the date of enactment of this
section) with respect to projects receiving
assistance under this section in the same
manner as recipients are required to comply in
order to receive financial contributions from
the Administrator for emergency preparedness
purposes.
(e) Floodplain Management Plans.--
(1) In general.--As a condition of receipt of
assistance under this section, the non-Federal entity
shall demonstrate that a floodplain management plan to
reduce the impacts of future flood events in the area
protected by the project--
(A) is in place; or
(B) will be--
(i) developed not later than 1 year
after the date of execution of a
project agreement for assistance under
this section; and
(ii) implemented not later than 1
year after the date of completion of
construction of the project.
(2) Inclusions.--A plan under paragraph (1) shall
address--
(A) potential measures, practices, and
policies to reduce loss of life, injuries,
damage to property and facilities, public
expenditures, and other adverse impacts of
flooding in the area protected by the project;
(B) plans for flood fighting and evacuation;
and
(C) public education and awareness of flood
risks.
(3) Technical support.--The Administrator may provide
technical support for the development and
implementation of floodplain management plans prepared
under this subsection.
(f) Priority System.--The Administrator, in consultation with
the Board, shall develop a risk-based priority system for use
in identifying high hazard potential dams for which grants may
be made under this section.
(g) Funding.--
(1) Cost sharing.--
(A) In general.--Any assistance provided
under this section for a project shall be
subject to a non-Federal cost-sharing
requirement of not less than 35 percent.
(B) In-kind contributions.--The non-Federal
share under subparagraph (A) may be provided in
the form of in-kind contributions.
(2) Allocation of funds.--The total amount of funds
made available to carry out this section for each
fiscal year shall be distributed as follows:
(A) Equal distribution.--\1/3\ shall be
distributed equally among the States in which
the projects for which applications are
submitted under subsection (c)(1) are located.
(B) Need-based.--\2/3\ shall be distributed
among the States in which the projects for
which applications are submitted under
subsection (c)(1) are located based on the
proportion that--
(i) the number of eligible high
hazard potential dams in the State;
bears to
(ii) the number of eligible high
hazard potential dams in all States in
which projects for which applications
are submitted under subsection (c)(1).
(h) Use of Funds.--None of the funds provided in the form of
a grant or otherwise made available under this section shall be
used--
(1) to rehabilitate a Federal dam;
(2) to perform routine operation or maintenance of a
dam;
(3) to modify a dam to produce hydroelectric power;
(4) to increase water supply storage capacity; or
(5) to make any other modification to a dam that does
not also improve the safety of the dam.
(i) Contractual Requirements.--
(1) In general.--Subject to paragraph (2), as a
condition on the receipt of a grant under this section
of an amount greater than $1,000,000, a non-Federal
sponsor that receives the grant shall require that each
contract and subcontract for program management,
construction management, planning studies, feasibility
studies, architectural services, preliminary
engineering, design, engineering, surveying, mapping,
and related services entered into using funds from the
grant be awarded in the same manner as a contract for
architectural and engineering services is awarded
under--
(A) chapter 11 of title 40, United States
Code; or
(B) an equivalent qualifications-based
requirement prescribed by the relevant State.
(2) No proprietary interest.--A contract awarded in
accordance with paragraph (1) shall not be considered
to confer a proprietary interest upon the United
States.
(j) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section--
(1) $10,000,000 for fiscal years 2017 and 2018;
(2) $25,000,000 for fiscal year 2019;
(3) $40,000,000 for fiscal year 2020; and
(4) $60,000,000 for each of fiscal years 2021 through
2026.
* * * * * * *
SAFE DRINKING WATER ACT-(TITLE XIV OF PUBLIC HEALTH SERVICE ACT)
Sec. 1414. (a)(1)(A) Whenever the Administrator finds during
a period during which a State has primary enforcement
responsibility for public water systems (within the meaning of
section 1413(a)) that any public water system--
(i)* * *
* * * * * * *
(c) Notice to Persons Served.--
(1) In general.--Each owner or operator of a public
water system shall give notice of each of the following
to the persons served by the system:
(A)* * *
* * * * * * *
(C) Notice of the concentration level of any
unregulated contaminant for which the
Administrator has required public notice
pursuant to [paragraph (2)(E)] paragraph
(2)(F).
(D) Notice of any exceedance of a lead action
level or any other prescribed level of lead in
a regulation issued under section 1412,
including the concentrations of lead found in a
monitoring activity.
(2) Form, manner, and frequency of notice.--
(A) In general.--* * *
* * * * * * *
(B) State requirements.--
(i) In general.--A State may, by
rule, establish alternative
notification requirements--
(I) with respect to the form
and content of notice given
under and in a manner in
accordance with subparagraph
(C); and
(II) with respect to the form
and content of notice given
under [subparagraph (D)]
subparagraph (E).
* * * * * * *
(C) Violations with potential to have serious
adverse effects on human health.--Regulations
issued under subparagraph (A) shall specify
notification procedures for each violation by a
public water system that has the potential to
have serious adverse effects on human health as
a result of short-term exposure. Each notice of
violation provided under this subparagraph
shall--
(i) be distributed as soon as
practicable after the occurrence of the
violation, but not later than 24 hours
after the occurrence of the violation;
(ii) provide a clear and readily
understandable explanation of--
(I) the violation;
(II) the potential adverse
effects on human health;
(III) the steps that the
public water system is taking
to correct the violation; and
(IV) the necessity of seeking
alternative water supplies
until the violation is
corrected;
(iii) be provided to the
[Administrator or] Administrator, the
Director of the Centers for Disease
Control and Prevention, and, if
applicable, the head of the State
agency that has primary enforcement
responsibility under section 1413 and
the appropriate State and county health
agencies as soon as practicable, but
not later than 24 hours after the
occurrence of the violation; and
(D) Exceedance of lead action level.--
Regulations issued under subparagraph (A) shall
specify notification procedures for an
exceedance of a lead action level or any other
prescribed level of lead in a regulation issued
under section 1412.
[(D)] (E) Written notice.--
(i) In general.--Regulations issued
under subparagraph (A) shall specify
notification procedures for violations
other than the violations covered by
subparagraph (C). The procedures shall
specify that a public water system
shall provide written notice to each
person served by the system by notice
(I) in the first bill (if any) prepared
after the date of occurrence of the
violation, (II) in an annual report
issued not later than 1 year after the
date of occurrence of the violation, or
(III) by mail or direct delivery as
soon as practicable, but not later than
1 year after the date of occurrence of
the violation.
(ii) Form and manner of notice.--The
Administrator shall prescribe the form
and manner of the notice to provide a
clear and readily understandable
explanation of the violation, any
potential adverse health effects, and
the steps that the system is taking to
seek alternative water supplies, if
any, until the violation is corrected.
[(E)] (F) Unregulated contaminants.--The
Administrator may require the owner or operator
of a public water system to give notice to the
persons served by the system of the
concentration levels of an unregulated
contaminant required to be monitored under
section 1445(a).
(3) Notification of the public relating to lead.--
(A) Exceedance of lead action level.--Not
later than 15 days after the date of an
exceedance of a lead action level or any other
prescribed level of lead in a regulation issued
under section 1412, the Administrator shall
notify the public of the concentrations of lead
found in the monitoring activity conducted by
the public water system if the public water
system or the State does not notify the public
of the concentrations of lead found in a
monitoring activity.
(B) Results of lead monitoring.--
(i) In general.--The Administrator
may provide notice of any result of
lead monitoring conducted by a public
water system to--
(I) any person that is served
by the public water system; or
(II) the local or State
health department of a locality
or State in which the public
water system is located.
(ii) Form of notice.--The
Administrator may provide the notice
described in clause (i) by--
(I) press release; or
(II) other form of
communication, including local
media.
(C) Privacy.--Notice to the public shall
protect the privacy of individual customer
information.
[(3)] (4) Reports.--
(A) Annual report by state.--
(i) In general.--Not later than
January 1, 1998, and annually
thereafter, each State that has primary
enforcement responsibility under
section 1413 shall prepare, make
readily available to the public, and
submit to the Administrator an annual
report on violations of national
primary drinking water regulations by
public water systems in the State,
including violations with respect to
(I) maximum contaminant levels, (II)
treatment requirements, (III) variances
and exemptions, and (IV) monitoring
requirements determined to be
significant by the Administrator after
consultation with the States.
(ii) Distribution.--The State shall
publish and distribute summaries of the
report and indicate where the full
report is available for review.
(B) Annual report by administrator.--Not
later than July 1, 1998, and annually
thereafter, the Administrator shall prepare and
make available to the public an annual report
summarizing and evaluating reports submitted by
States pursuant to subparagraph (A) and notices
submitted by public water systems serving
Indian Tribes provided to the Administrator
pursuant to subparagraph (C) or [(D)] (E) of
paragraph (2) and making recommendations
concerning the resources needed to improve
compliance with this title. The report shall
include information about public water system
compliance on Indian reservations and about
enforcement activities undertaken and financial
assistance provided by the Administrator on
Indian reservations, and shall make specific
recommendations concerning the resources needed
to improve compliance with this title on Indian
reservations.
[(4)] (5) Consumer confidence reports by community
water systems.--
(A) Annual reports to consumers.--The
Administrator, in consultation with public
water systems, environmental groups, public
interest groups, risk communication experts,
and the States, and other interested parties,
shall issue regulations within 24 months after
the date of enactment of this paragraph to
require each community water system to mail to
each customer of the system at least once
annually a report on the level of contaminants
in the drinking water purveyed by that system
(referred to in this paragraph as a ``consumer
confidence report''). Such regulations shall
provide a brief and plainly worded definition
of the terms ``maximum contaminant level
goal'', ``maximum contaminant level'',
``variances'', and ``exemptions'' and brief
statements in plain language regarding the
health concerns that resulted in regulation of
each regulated contaminant. The regulations
shall also include a brief and plainly worded
explanation regarding contaminants that may
reasonably be expected to be present in
drinking water, including bottled water. The
regulations shall also provide for an
Environmental Protection Agency toll-free
hotline that consumers can call for more
information and explanation.
(B) Contents of report.--The consumer
confidence reports under this paragraph shall
include, but not be limited to, each of the
following:
(i) Information on the source of the
water purveyed.
(ii) A brief and plainly worded
definition of the terms ``maximum
contaminant level goal'', ``maximum
contaminant level'', ``variances'', and
``exemptions'' as provided in the
regulations of the Administrator.
(iii) If any regulated contaminant is
detected in the water purveyed by the
public water system, a statement
setting forth (I) the maximum
contaminant level goal, (II) the
maximum contaminant level, (III) the
level of such contaminant in such water
system, and (IV) for any regulated
contaminant for which there has been a
violation of the maximum contaminant
level during the year concerned, the
brief statement in plain language
regarding the health concerns that
resulted in regulation of such
contaminant, as provided by the
Administrator in regulations under
subparagraph (A).
(iv) Information on compliance with
national primary drinking water
regulations, as required by the
Administrator, and notice if the system
is operating under a variance or
exemption and the basis on which the
variance or exemption was granted.
(v) Information on the levels of
unregulated contaminants for which
monitoring is required under section
1445(a)(2) (including levels of
cryptosporidium and radon where States
determine they may be found).
(vi) A statement that the presence of
contaminants in drinking water does not
necessarily indicate that the drinking
water poses a health risk and that more
information about contaminants and
potential health effects can be
obtained by calling the Environmental
Protection Agency hotline.
A public water system may include such
additional information as it deems appropriate
for public education. The Administrator may,
for not more than 3 regulated contaminants
other than those referred to in subclause (IV)
of clause (iii), require a consumer confidence
report under this paragraph to include the
brief statement in plain language regarding the
health concerns that resulted in regulation of
the contaminant or contaminants concerned, as
provided by the Administrator in regulations
under subparagraph (A).
(C) Coverage.--The Governor of a State may
determine not to apply the mailing requirement
of subparagraph (A) to a community water system
serving fewer than 10,000 persons. Any such
system shall--
(i) inform, in the newspaper notice
required by clause (iii) or by other
means, its customers that the system
will not be mailing the report as
required by subparagraph (A);
(ii) make the consumer confidence
report available upon request to the
public; and
(iii) publish the report referred to
in subparagraph (A) annually in one or
more local newspapers serving the area
in which customers of the system are
located.
(D) Alternative to publication.--For any
community water system which, pursuant to
subparagraph (C), is not required to meet the
mailing requirement of subparagraph (A) and
which serves 500 persons or fewer, the
community water system may elect not to comply
with clause (i) or (iii) of subparagraph (C).
If the community water system so elects, the
system shall, at a minimum--
(i) prepare an annual consumer
confidence report pursuant to
subparagraph (B); and
(ii) provide notice at least once per
year to each of its customers by mail,
by door-to-door delivery, by posting or
by other means authorized by the
regulations of the Administrator that
the consumer confidence report is
available upon request.
(E) Alternative form and content.--A State
exercising primary enforcement responsibility
may establish, by rule, after notice and public
comment, alternative requirements with respect
to the form and content of consumer confidence
reports under this paragraph.
* * * * * * *
(i) Definition of Applicable Requirement.--In this section,
the term ``applicable requirement'' means--
(1)* * *
* * * * * * *
(j) Electronic Reporting of Compliance Monitoring Data.--
(1) In general.--As a condition on the receipt of
funds under this Act, the Administrator shall require
electronic submission of available compliance
monitoring data, if practicable--
(A) by public water systems--
(i) to the Administrator; or
(ii) with respect to a public water
system in a State that has primary
enforcement responsibility under
section 1413, to that State; and
(B) by each State that has primary
enforcement responsibility under section 1413
to the Administrator.
(2) Considerations.--In determining whether the
condition referred to in paragraph (1) is practicable,
the Administrator shall consider--
(A) the ability of a public water system or
State to meet the requirements of sections 3.1
through 3.2000 of title 40, Code of Federal
Regulations (or successor regulations);
(B) information system compatibility;
(C) the size of the public water system; and
(D) the size of the community served by the
public water system.
* * * * * * *
Sec. 1452. (a) General Authority.--
(1) Grants to states to establish state loan funds.--
(A) In general.--* * *
* * * * * * *
(2) Use of funds.--
(A) Except as otherwise authorized by this
title, amounts deposited in a State loan fund,
including loan repayments and interest earned
on such amounts, shall be used only for
providing loans or loan guarantees, or as a
source of reserve and security for leveraged
loans, the proceeds of which are deposited in a
State loan fund established under paragraph
(1), or other financial assistance authorized
under this section to community water systems
and nonprofit noncommunity water systems, other
than systems owned by Federal agencies.
(B) Financial assistance under this section
may be used by a public water system only for
expenditures [(not] (including expenditures for
planning, design, and associated
preconstruction activities, including
activities relating to the siting of the
facility, but not including monitoring,
operation, and maintenance expenditures) of a
type or category which the Administrator has
determined, through guidance, will facilitate
compliance with national primary drinking water
regulations applicable to the system under
section 1412 or otherwise significantly further
the health protection objectives of this title
or to replace or rehabilitate aging treatment,
storage, or distribution facilities of public
water systems or provide for capital projects
(excluding any expenditure for operations and
maintenance) to upgrade the security of public
water systems;.
(C) Sale of bonds.--Funds may also be used by
a public water system as a source of revenue
(restricted solely to interest earnings of the
applicable State loan fund) or security for
payment of the principal and interest on
revenue or general obligation bonds issued by
the State to provide matching funds under
subsection (e), if the proceeds of the sale of
the bonds will be deposited in the State loan
fund.
(D) The funds may also be used to provide
loans to a system referred to in section
1401(4)(B) for the purpose of providing the
treatment described in section
1401(4)(B)(i)(III).
(E) The funds shall not be used for the
acquisition of real property or interests
therein, unless the acquisition is integral to
a project authorized by this paragraph and the
purchase is from a willing seller.
(F) Of the amount credited to any State loan
fund established under this section in any
fiscal year, 15 percent shall be available
solely for providing loan assistance to public
water systems which regularly serve fewer than
10,000 persons to the extent such funds can be
obligated for eligible projects of public water
systems.
* * * * * * *
(b) Intended Use Plans.--
(1) In general.--After providing for public review
and comment, each State that has entered into a
capitalization agreement pursuant to this section shall
annually prepare a plan that identifies the intended
uses of the amounts available to the State loan fund of
the State.
(2) Contents.--An intended use plan shall include--
(A) a list of the projects to be assisted in
the first fiscal year that begins after the
date of the plan, including a description of
the project, the expected terms of financial
assistance, and the size of the community
served;
(B) the criteria and methods established for
the distribution of funds; and
(C) a description of the financial status of
the State loan fund and the short-term and
long-term goals of the State loan fund.
(3) Use of funds.--
[(A) In general.--An intended use plan shall
provide, to the maximum extent practicable,
that priority for the use of funds be given to
projects that--
[(i) address the most serious risk to
human health;
[(ii) are necessary to ensure
compliance with the requirements of
this title (including requirements for
filtration); and
[(iii) assist systems most in need on
a per household basis according to
State affordability criteria.]
(A) Definition of restructuring.--In this
paragraph, the term `restructuring' means
changes in operations (including ownership,
cooperative partnerships, asset management,
consolidation, and alternative water supply).
(B) Priority system.--An intended use plan
shall provide, to the maximum extent
practicable, that priority for the use of funds
be given to projects that--
(i) address the most serious risk to
human health;
(ii) are necessary to ensure
compliance with this title (including
requirements for filtration);
(iii) assist systems most in need on
a per-household basis according to
State affordability criteria; and
(iv) improve the sustainability of
systems.
(C) Weight given to applications.--After
determining project priorities under
subparagraph (B), an intended use plan shall
provide that the State shall give greater
weight to an application for assistance by a
community water system if the application
includes such information as the State
determines to be necessary and contains--
(i) a description of utility
management best practices undertaken by
a treatment works applying for
assistance, including--
(I) an inventory of assets,
including a description of the
condition of the assets;
(II) a schedule for
replacement of assets;
(III) a financing plan that
factors in all lifecycle costs
indicating sources of revenue
from ratepayers, grants, bonds,
other loans, and other sources
to meet the costs; and
(IV) a review of options for
restructuring the public water
system;
(ii) demonstration of consistency
with State, regional, and municipal
watershed plans;
(iii) a water conservation plan
consistent with guidelines developed
for those plans by the Administrator
under section 1455(a); and
(iv) approaches to improve the
sustainability of the system,
including--
(I) water efficiency or
conservation, including the
rehabilitation or replacement
of existing leaking pipes;
(II) use of reclaimed water;
(III) actions to increase
energy efficiency; and
(IV) implementation of source
water protection plans.; and
[(B)] (D) List of projects.--Each State
shall, after notice and opportunity for public
comment, publish and [periodically] at least
biennially update a list of projects in the
State that are eligible for assistance under
this section, including the priority assigned
to each project and, to the extent known, the
expected funding schedule for each project.
* * * * * * *
(d) [Assistance for Disadvantaged Communities] Additional
Assistance.--
(1) Loan subsidy.--[Notwithstanding]
(A) In general.--Notwithstanding any other
provision of this section, in any case in which
the State makes a loan pursuant to subsection
(a)(2) to a disadvantaged community or to a
community that the State expects to become a
disadvantaged community as the result of a
proposed project, the State may provide
additional subsidization (including forgiveness
of principal).
(B) Innovative water technology.--
Notwithstanding any other provision of this
section, in the case of a State that makes a
loan under subsection (a)(2) to carry out an
eligible activity through the use of an
innovative water technology (including
technologies to improve water treatment to
ensure compliance with this title and
technologies to identify and mitigate sources
of drinking water contamination, including lead
contamination), the State may provide
additional subsidization, including forgiveness
of principal that is not more than 50 percent
of the cost of the portion of the project
associated with the innovative technology.
(2) Total amount of subsidies.--[For each fiscal
year]
(A) In general.--For each fiscal year, the
total amount of loan subsidies made by a State
pursuant to paragraph (1) may not exceed 30
percent of the amount of the capitalization
grant received by the State for the year.
(B) Innovative water technology.--For each
fiscal year, not more than 20 percent of the
loan subsidies that may be made by a State
under paragraph (1) may be used to provide
additional subsidization under subparagraph (B)
of that paragraph.
(3) Definition of disadvantaged community.--In this
subsection, the term ``disadvantaged community'' means
the service area, or portion of a service area, of a
public water system that meets affordability criteria
established after public review and comment by the
State in which the public water system is located. The
Administrator may publish information to assist States
in establishing affordability criteria.
* * * * * * *
(g) Administration of State Loan Funds.--
(1) Combined financial administration.--
Notwithstanding subsection (c), a State may (as a
convenience and to avoid unnecessary administrative
costs) combine, in accordance with State law, the
financial administration of a State loan fund
established under this section with the financial
administration of any other revolving fund established
by the State if otherwise not prohibited by the law
under which the State loan fund was established and if
the Administrator determines that--
(A) the grants under this section, together
with loan repayments and interest, will be
separately accounted for and used solely for
the purposes specified in subsection (a); and
(B) the authority to establish assistance
priorities and carry out oversight and related
activities (other than financial
administration) with respect to assistance
remains with the State agency having primary
responsibility for administration of the State
program under section 1413, after consultation
with other appropriate State agencies (as
determined by the State): Provided, That in
nonprimacy States eligible to receive
assistance under this section, the Governor
shall determine which State agency will have
authority to establish priorities for financial
assistance from the State loan fund.
(2) Cost of administering fund.--Each State may
annually use [up to 4 percent of the funds allotted to
the State under this section], for each fiscal year, an
amount that does not exceed the sum of the amount of
any fees collected by the State for use in covering
reasonable costs of administration of programs under
this section, regardless of the source, and an amount
equal to the greatest of $400,000, 1/5 percent of the
current valuation of the fund, or 4 percent of all
grant awards to the fund under this section for the
fiscal year, to cover the reasonable costs of
administration of the programs under this section,
including the recovery of reasonable costs expended to
establish a State loan fund which are incurred after
the date of enactment of this section, and to provide
technical assistance to public water systems within the
State. For fiscal year 1995 and each fiscal year
thereafter, each State may use up to an additional 10
percent of the funds allotted to the State under this
section--
(A) for public water system supervision
programs under section 1443(a);
(B) to administer or provide technical
assistance through source water protection
programs;
(C) to develop and implement a capacity
development strategy under section 1420(c); and
(D) for an operator certification program for
purposes of meeting the requirements of section
[1419,
if the State matches the expenditures with at least an
equal amount of State funds. At least half of the match
must be additional to the amount expended by the State
for public water supervision in fiscal year 1993.]
1419. An additional 2 percent of the funds annually
allotted to each State under this section may be used
by the State to provide technical assistance to public
water systems serving 10,000 or fewer persons in the
State. Funds utilized under subparagraph (B) shall not
be used for enforcement actions.
* * * * * * *
(k) Other Authorized Activities.--
(1) In general.--Notwithstanding subsection (a)(2), a
State may take each of the following actions:
(A) Provide assistance, only in the form of a
loan, to one or more of the following:
(i) Any public water system described
in subsection (a)(2) to acquire land or
a conservation easement from a willing
seller or grantor, if the purpose of
the acquisition is to protect the
source water of the system from
contamination and to ensure compliance
with national primary drinking water
regulations.
(ii) Any community water system to
implement local, voluntary source water
protection measures to protect source
water in areas delineated pursuant to
section 1453, in order to facilitate
compliance with national primary
drinking water regulations applicable
to the system under section 1412 or
otherwise significantly further the
health protection objectives of this
title. Funds authorized under this
clause may be used to fund only
voluntary, incentive-based mechanisms.
(iii) Any community water system to
provide funding in accordance with
section 1454(a)(1)(B)(i).
(B) Provide assistance, including technical
and financial assistance, to any public water
system as part of a capacity development
strategy developed and implemented in
accordance with section 1420(c).
(C) Make expenditures from the capitalization
grant of the State for fiscal years 1996 and
1997 to delineate and assess source water
protection areas in accordance with section
1453, except that funds set aside for such
expenditure shall be obligated within 4 fiscal
years.
(D) Make expenditures from the fund for the
establishment and implementation of wellhead
protection programs under section 1428.
(2) Limitation.--For each fiscal year, the total
amount of assistance provided and expenditures made by
a State under this subsection may not exceed 15 percent
of the amount of the capitalization grant received by
the State for that year and may not exceed 10 percent
of that amount for any one of the following activities:
(A) To acquire land or conservation easements
pursuant to paragraph (1)(A)(i).
(B) To provide funding to implement
voluntary, incentive-based source water quality
protection measures pursuant to clauses (ii)
and (iii) of paragraph (1)(A).
(C) To provide assistance through a capacity
development strategy pursuant to paragraph
(1)(B).
(D) To make expenditures to delineate or
assess source water protection areas pursuant
to paragraph (1)(C)(including implementation of
source water protection plans).
(E) To make expenditures to establish and
implement wellhead protection programs pursuant
to paragraph (1)(D).
* * * * * * *
(r) Evaluation.--The Administrator shall conduct an
evaluation of the effectiveness of the State loan funds through
fiscal year 2001. The evaluation shall be submitted to the
Congress at the same time as the President submits to the
Congress, pursuant to section 1108 of title 31, United States
Code, an appropriations request for fiscal year 2003 relating
to the budget of the Environmental Protection Agency.
(s) Negotiation of Contracts.--For communities with
populations of more than 10,000 individuals, a contract to be
carried out using funds directly made available by a
capitalization grant under this section for program management,
construction management, feasibility studies, preliminary
engineering, design, engineering, surveying, mapping, or
architectural or related services shall be negotiated in the
same manner as--
(1) a contract for architectural and engineering
services is negotiated under chapter 11 of title 40,
United States Code; or
(2) an equivalent State qualifications-based
requirement (as determined by the Governor of the
State).
* * * * * * *
(t) Technical Assistance.--The Administrator may provide
technical assistance to facilitate and encourage the provision
of financial assistance for the deployment of innovative water
technologies.
(u) Report.--Not later than 1 year after the date of
enactment of the Water Resources Development Act of 2016, and
not less frequently than every 5 years thereafter, the
Administrator shall submit to Congress a report that
describes--
(1) the amount of financial assistance provided by
State loan funds to deploy innovative water
technologies;
(2) the barriers impacting greater use of innovative
water technologies; and
(3) the cost-saving potential to cities and future
infrastructure investments from emerging technologies.
* * * * * * *
drinking water studies
Sec. 1458. (a) Subpopulations at Greater Risk.--
* * * * * * *
SEC. 1459A. ASSISTANCE FOR SMALL AND DISADVANTAGED COMMUNITIES.
(a) Definition of Underserved Community.--In this section:
(1) In general.--The term `underserved community'
means a local political subdivision that, as determined
by the Administrator, has an inadequate drinking water
or wastewater system.
(2) Inclusions.--The term `underserved community'
includes a local political subdivision that, as
determined by the Administrator--
(A) does not have household drinking water or
wastewater services; and
(B) has a drinking water system that fails to
meet health-based standards under this Act,
including--
(i) a maximum contaminant level for a
primary drinking water contaminant;
(ii) a treatment technique violation;
and
(iii) an action level exceedance.
(b) Establishment.--
(1) In general.--The Administrator shall establish a
program under which grants are provided to eligible
entities for use in carrying out projects and
activities the primary purposes of which are to assist
community water systems in meeting the requirements of
this Act.
(2) Inclusions.--Projects and activities under
paragraph (1) include--
(A) infrastructure investments necessary to
comply with the requirements of this Act,
(B) assistance that directly and primarily
benefits the disadvantaged community on a per-
household basis, and
(C) programs to provide water quality
testing.
(c) Eligible Entities.--An entity eligible to receive a grant
under this section--
(1) is--
(A) a community water system as defined in
section 1401; or
(B) a system that is located in an area
governed by an Indian Tribe (as defined in
section 1401); and
(2) serves a community that, under affordability
criteria established by the State under section
1452(d)(3), is determined by the State--
(A) to be a disadvantaged community;
(B) to be a community that may become a
disadvantaged community as a result of carrying
out an eligible activity; or
(C) to serve a community with a population of
less than 10,000 individuals that the
Administrator determines does not have the
capacity to incur debt sufficient to finance
the project under subsection (b).
(d) Priority.--In prioritizing projects for implementation
under this section, the Administrator shall give priority to
systems that serve underserved communities.
(e) Local Participation.--In prioritizing projects for
implementation under this section, the Administrator shall
consult with, and consider the priorities of, affected States,
Indian Tribes, and local governments.
(f) Cost Sharing.--Before carrying out any project under this
section, the Administrator shall enter into a binding agreement
with 1 or more non-Federal interests that shall require the
non-Federal interests--
(1) to pay not less than 45 percent of the total
costs of the project, which may include services,
materials, supplies, or other in-kind contributions;
(2) to provide any land, easements, rights-of-way,
and relocations necessary to carry out the project; and
(3) to pay 100 percent of any operation, maintenance,
repair, replacement, and rehabilitation costs
associated with the project.
(g) Waiver.--The Administrator may waive the requirement to
pay the non-Federal share of the cost of carrying out an
eligible activity using funds from a grant provided under this
section if the Administrator determines that an eligible entity
is unable to pay, or would experience significant financial
hardship if required to pay, the non-Federal share.
(h) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section--
(1) $230,000,000 for fiscal year 2017; and
(2) $300,000,000 for each of fiscal years 2018
through 2021.
SEC. 1459B. REDUCING LEAD IN DRINKING WATER.
(a) Definitions.--In this section:
(1) Eligible entity.--The term `eligible entity'
means--
(A) a community water system;
(B) a system located in an area governed by
an Indian Tribe;
(C) a nontransient noncommunity water system;
(D) a qualified nonprofit organization, as
determined by the Administrator; and
(E) a municipality or State, interstate, or
intermunicipal agency.
(2) Lead reduction project.--
(A) In general.--The term `lead reduction
project' means a project or activity the
primary purpose of which is to reduce the level
of lead in water for human consumption by--
(i) replacement of publicly owned
lead service lines;
(ii) testing, planning, or other
relevant activities, as determined by
the Administrator, to identify and
address conditions (including corrosion
control) that contribute to increased
lead levels in water for human
consumption;
(iii) assistance to low-income
homeowners to replace privately owned
service lines, pipes, fittings, or
fixtures that contain lead; and
(iv) education of consumers regarding
measures to reduce exposure to lead
from drinking water or other sources.
(B) Limitation.--The term `lead reduction
project' does not include a partial lead
service line replacement if, at the conclusion
of the service line replacement, drinking water
is delivered to a household through a publicly
or privately owned portion of a lead service
line.
(3) Low-income.--The term `low-income', with respect
to an individual provided assistance under this
section, has such meaning as may be given the term by
the head of the municipality or State, interstate, or
intermunicipal agency with jurisdiction over the area
to which assistance is provided.
(4) Municipality.--The term `municipality' means--
(A) a city, town, borough, county, parish,
district, association, or other public entity
established by, or pursuant to, applicable
State law; and
(B) an Indian tribe (as defined in section 4
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b)).
(b) Grant Program.--
(1) Establishment.--The Administrator shall establish
a grant program to provide assistance to eligible
entities for lead reduction projects in the United
States.
(2) Precondition.--As a condition of receipt of
assistance under this section, before receiving the
assistance the eligible entity shall take steps to
identify--
(A) the source of lead in water for human
consumption; and
(B) the means by which the proposed lead
reduction project would reduce lead levels in
the applicable water system.
(3) Priority application.--In providing grants under
this subsection, the Administrator shall give priority
to an eligible entity that--
(A) the Administrator determines, based on
affordability criteria established by the State
under section 1452(d)(3), to be a disadvantaged
community; and
(B) proposes to--
(i) carry out a lead reduction
project at a public water system or
nontransient noncommunity water system
that has exceeded the lead action level
established by the Administrator at any
time during the 3-year period preceding
the date of submission of the
application of the eligible entity;
(ii) address lead levels in water for
human consumption at a school, daycare,
or other facility that primarily serves
children or another vulnerable human
subpopulation; or
(iii) address such priority criteria
as the Administrator may establish,
consistent with the goal of reducing
lead levels of concern.
(4) Cost sharing.--
(A) In general.--Subject to subparagraph (B),
the non-Federal share of the total cost of a
project funded by a grant under this subsection
shall be not less than 20 percent.
(B) Waiver.--The Administrator may reduce or
eliminate the non-Federal share under
subparagraph (A) for reasons of affordability,
as the Administrator determines to be
appropriate.
(5) Low-income assistance.--
(A) In general.--Subject to subparagraph (B),
an eligible entity may use a grant provided
under this subsection to provide assistance to
low-income homeowners to carry out lead
reduction projects.
(B) Limitation.--The amount of a grant
provided to a low-income homeowner under this
paragraph shall not exceed the cost of
replacement of the privately owned portion of
the service line.
(6) Special consideration for lead service line
replacement.--In carrying out lead service line
replacement using a grant under this subsection, an
eligible entity shall--
(A) notify customers of the replacement of
any publicly owned portion of the lead service
line;
(B) in the case of a homeowner who is not
low-income, offer to replace the privately
owned portion of the lead service line at the
cost of replacement;
(C) in the case of a low-income homeowner,
offer to replace the privately owned portion of
the lead service line and any pipes, fitting,
and fixtures that contain lead at a cost that
is equal to the difference between--
(i) the cost of replacement; and
(ii) the amount of low-income
assistance available to the homeowner
under paragraph (5);
(D) notify each customer that a planned
replacement of any publicly owned portion of a
lead service line that is funded by a grant
made under this subsection will not be carried
out unless the customer agrees to the
simultaneous replacement of the privately owned
portion of the lead service line; and
(E) demonstrate that the eligible entity has
considered multiple options for reducing lead
in drinking water, including an evaluation of
options for corrosion control.
(c) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $60,000,000 for each
of fiscal years 2017 through 2021.
* * * * * * *
lead contamination in school drinking water
Sec. 1464. (a) Distribution of Drinking Water Cooler List.--
Within 100 days after the enactment of this section, the
Administrator shall distribute to the States a list of each
brand and model of drinking water cooler identified and listed
by the Administrator under section 1463(a).
(b) Guidance Document and Testing Protocol.--The
Administrator shall publish a guidance document and a testing
protocol to assist schools in determining the source and degree
of lead contamination in school drinking water supplies and in
remedying such contamination. The guidance document shall
include guidelines for sample preservation. The guidance
document shall also include guidance to assist States, schools,
and the general public in ascertaining the levels of lead
contamination in drinking water coolers and in taking
appropriate action to reduce or eliminate such contamination.
The guidance document shall contain a testing protocol for the
identification of drinking water coolers which contribute to
lead contamination in drinking water. Such document and
protocol may be revised, republished and redistributed as the
Administrator deems necessary. The Administrator shall
distribute the guidance document and testing protocol to the
States within 100 days after the enactment of this section.
(c) Dissemination to Schools, Etc.--Each State shall provide
for the dissemination to local educational agencies, private
nonprofit elementary or secondary schools and to day care
centers of the guidance document and testing protocol published
under subsection (b), together with the list of drinking water
coolers published under section 1463(a).
[(d) Remedial Action Program.--
[(1) Testing and remedying lead contamination.--
Within 9 months after the enactment of this section,
each State shall establish a program, consistent with
this section, to assist local educational agencies in
testing for, and remedying, lead contamination in
drinking water from coolers and from other sources of
lead contamination at schools under the jurisdiction of
such agencies.
[(2) Public availability.--A copy of the results of
any testing under paragraph (1) shall be available in
the administrative offices of the local educational
agency for inspection by the public, including
teachers, other school personnel, and parents. The
local educational agency shall notify parent, teacher,
and employee organizations of the availability of such
testing results.
[(3) Coolers.--In the case of drinking water coolers,
such program shall include measures for the reduction
or elimination of lead contamination from those water
coolers which are not lead free and which are located
in schools. Such measures shall be adequate to ensure
that within 15 months after the enactment of this
subsection all such water coolers in schools under the
jurisdiction of such agencies are repaired, replaced,
permanently removed, or rendered inoperable unless the
cooler is tested and found (within the limits of
testing accuracy) not to contribute lead to drinking
water.]
(d) Voluntary School and Child Care Lead Testing Grant
Program.--
(1) Definitions.--In this subsection:
(A) Child care program.--The term `child care
program' has the meaning given the term `early
childhood education program' in section 103 of
the Higher Education Act of 1965 (20 U.S.C.
1003).
(B) Local educational agency.--The term
`local educational agency' means--
(i) a local educational agency (as
defined in section 8101 of the
Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801));
(ii) a tribal education agency (as
defined in section 3 of the National
Environmental Education Act (20 U.S.C.
5502)); and
(iii) an operator of a child care
program facility.
(2) Establishment.--
(A) In general.--Not later than 180 days
after the date of enactment of the Water
Resources Development Act of 2016, the
Administrator shall establish a voluntary
school and child care lead testing grant
program to make grants available to States to
assist local educational agencies in voluntary
testing for lead contamination in drinking
water at schools and child care programs under
the jurisdiction of the local educational
agencies.
(B) Grants to local educational agencies.--
The Administrator may make grants directly
available to local educational agencies for the
voluntary testing described in subparagraph (A)
in--
(i) any State that does not
participate in the voluntary school and
child care lead testing grant program
established under that subparagraph;
and
(ii) any direct implementation area.
(3) Application.--To be eligible to receive a grant
under this subsection, a State or local educational
agency shall submit to the Administrator an application
at such time, in such manner, and containing such
information as the Administrator may require.
(4) Use of funds.--
(A) In general.--A State or local educational
agency that receives a grant under this
subsection may use grant funds for the
voluntary testing described in paragraph
(2)(A).
(B) Limitation.--Not more than 4 percent of
grant funds accepted under this subsection
shall be used to pay the administrative costs
of carrying out this subsection.
(5) Guidance; public availability.--As a condition of
receiving a grant under this subsection, the State or
local educational agency shall ensure that each local
educational agency to which grant funds are distributed
shall--
(A) expend grant funds in accordance with--
(i) the guidance of the Environmental
Protection Agency entitled `3Ts for
Reducing Lead in Drinking Water in
Schools: Revised Technical Guidance'
and dated October 2006 (or any
successor guidance); or
(ii) applicable State regulations or
guidance regarding reducing lead in
drinking water in schools and child
care programs that is not less
stringent than the guidance referred to
in clause (i); and
(B)(i) make available in the administrative
offices, and to the maximum extent practicable,
on the Internet website, of the local
educational agency for inspection by the public
(including teachers, other school personnel,
and parents) a copy of the results of any
voluntary testing for lead contamination in
school and child care program drinking water
that is carried out with grant funds under this
subsection; and
(ii) notify parent, teacher, and employee
organizations of the availability of the
results described in clause (i).
(6) Maintenance of effort.--If resources are
available to a State or local educational agency from
any other Federal agency, a State, or a private
foundation for testing for lead contamination in
drinking water, the State or local educational agency
shall demonstrate that the funds provided under this
subsection will not displace those resources.
(7) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $20,000,000 for each of fiscal years 2017
through 2021.
[federal assistance for state programs regarding lead contamination in
school drinking water
[Sec. 1465. (a) School Drinking Water Programs.--The
Administrator shall make grants to States to establish and
carry out State programs under section 1464 to assist local
educational agencies in testing for, and remedying, lead
contamination in drinking water from drinking water coolers and
from other sources of lead contamination at schools under the
jurisdiction of such agencies. Such grants may be used by
States to reimburse local educational agencies for expenses
incurred after the enactment of this section for such testing
and remedial action.
[(b) Limits.--Each grant under this section shall be used by
the State for testing water coolers in accordance with section
1464, for testing for lead contamination in other drinking
water supplies under section 1464, or for remedial action under
State programs under section 1464. Not more than 5 percent of
the grant may be used for program administration.
[(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section not more than
$30,000,000 for fiscal year 1989, $30,000,000 for fiscal year
1990, and $30,000,000 for fiscal year 1991.]
* * * * * * *
FEDERAL WATER POLLUTION CONTROL ACT
TITLE I--RESEARCH AND RELATED PROGRAMS
declaration of goals and policy
Sec. 101. (a) The objective of this Act is to restore and
maintain the chemical, physical, and biological integrity of
the Nation's waters. In order to achieve this objective it is
hereby declared that, consistent with the provisions of this
Act--
* * * * * * *
SEC. 118. GREAT LAKES.
(a) Findings, Purpose, and Definitions.--
(1) Findings.--The Congress finds that--
(A)* * *
* * * * * * *
(c) Great Lakes Management.--
(1) Functions.--The Program Office shall--
(A)* * *
* * * * * * *
[(7) Great lakes restoration initiative.--
[(A) Establishment.--There is established in
the Agency a Great Lakes Restoration Initiative
(referred to in this paragraph as the
``Initiative'') to carry out programs and
projects for Great Lakes protection and
restoration.
[(B) Focus areas.--The Initiative shall
prioritize programs and projects carried out in
coordination with non-Federal partners and
programs and projects that address priority
areas each fiscal year, including--
[(i) the remediation of toxic
substances and areas of concern;
[(ii) the prevention and control of
invasive species and the impacts of
invasive species;
[(iii) the protection and restoration
of nearshore health and the prevention
and mitigation of nonpoint source
pollution;
[(iv) habitat and wildlife protection
and restoration, including wetlands
restoration and preservation; and
[(v) accountability, monitoring,
evaluation, communication, and
partnership activities.
[(C) Projects.--Under the Initiative, the
Agency shall collaborate with Federal partners,
including the Great Lakes Interagency Task
Force, to select the best combination of
programs and projects for Great Lakes
protection and restoration using appropriate
principles and criteria, including whether a
program or project provides--
[(i) the ability to achieve strategic
and measurable environmental outcomes
that implement the Great Lakes Action
Plan and the Great Lakes Water Quality
Agreement;
[(ii) the feasibility of--
[(I) prompt implementation;
[(II) timely achievement of
results; and
[(III) resource leveraging;
and
[(iii) the opportunity to improve
interagency and inter-organizational
coordination and collaboration to
reduce duplication and streamline
efforts.
[(D) Implementation of projects.--
[(i) In general.--Subject to
subparagraph (G)(ii), funds made
available to carry out the Initiative
shall be used to strategically
implement--
[(I) Federal projects; and
[(II) projects carried out in
coordination with States,
Indian tribes, municipalities,
institutions of higher
education, and other
organizations.
[(ii) Transfer of funds.--With
amounts made available for the
Initiative each fiscal year, the
Administrator may--
[(I) transfer not more than
the total amount appropriated
under subparagraph (G)(i) for
the fiscal year to the head of
any Federal department or
agency, with the concurrence of
the department or agency head,
to carry out activities to
support the Initiative and the
Great Lakes Water Quality
Agreement; and
[(II) enter into an
interagency agreement with the
head of any Federal department
or agency to carry out
activities described in
subclause (I).
[(E) Scope.--
[(i) In general.--Projects shall be
carried out under the Initiative on
multiple levels, including--
[(I) Great Lakes-wide; and
[(II) Great Lakes basin-wide.
[(ii) Limitation.--No funds made
available to carry out the Initiative
may be used for any water
infrastructure activity (other than a
green infrastructure project that
improves habitat and other ecosystem
functions in the Great Lakes) for which
amounts are made available from--
[(I) a State water pollution
control revolving fund
established under title VI; or
[(II) a State drinking water
revolving loan fund established
under section 1452 of the Safe
Drinking Water Act (42 U.S.C.
300j-12).
[(F) Activities by other federal agencies.--
Each relevant Federal department or agency
shall, to the maximum extent practicable--
[(i) maintain the base level of
funding for the Great Lakes activities
of that department or agency without
regard to funding under the Initiative;
and
[(ii) identify new activities and
projects to support the environmental
goals of the Initiative.
[(G) Funding.--There are authorized to be
appropriated to carry out this paragraph for
fiscal year 2016, $300,000,000.]
(7) Great lakes restoration initiative.--
(A) Establishment.--There is established in
the Agency a Great Lakes Restoration Initiative
(referred to in this paragraph as the
`Initiative') to carry out programs and
projects for Great Lakes protection and
restoration.
(B) Focus areas.--Each fiscal year under a 5-
year Initiative Action Plan, the Initiative
shall prioritize programs and projects, carried
out in coordination with non-Federal partners,
that address priority areas, such as--
(i) the remediation of toxic
substances and areas of concern;
(ii) the prevention and control of
invasive species and the impacts of
invasive species;
(iii) the protection and restoration
of nearshore health and the prevention
and mitigation of nonpoint source
pollution;
(iv) habitat and wildlife protection
and restoration, including wetlands
restoration and preservation; and
(v) accountability, monitoring,
evaluation, communication, and
partnership activities.
(C) Projects.--Under the Initiative, the
Agency shall collaborate with Federal partners,
including the Great Lakes Interagency Task
Force, to select the best combination of
programs and projects for Great Lakes
protection and restoration using appropriate
principles and criteria, including whether a
program or project provides--
(i) the ability to achieve strategic
and measurable environmental outcomes
that implement the Great Lakes Action
Plan and the Great Lakes Water Quality
Agreement;
(ii) the feasibility of--
(I) prompt implementation;
(II) timely achievement of
results; and
(III) resource leveraging;
and
(iii) the opportunity to improve
interagency and inter-organizational
coordination and collaboration to
reduce duplication and streamline
efforts.
(D) Implementation of projects.--
(i) In general.--Subject to
subparagraph (G)(ii), funds made
available to carry out the Initiative
shall be used to strategically
implement--
(I) Federal projects; and
(II) projects carried out in
coordination with States,
Indian tribes, municipalities,
institutions of higher
education, and other
organizations.
(ii) Transfer of funds.--With amounts
made available for the Initiative each
fiscal year, the Administrator may--
(I) transfer not more than
300,000,000 to the head of any
Federal department or agency,
with the concurrence of the
department or agency head, to
carry out activities to support
the Initiative and the Great
Lakes Water Quality Agreement;
(II) enter into an
interagency agreement with the
head of any Federal department
or agency to carry out
activities described in
subclause (I); and
(III) make grants to
governmental entities,
nonprofit organizations,
institutions, and individuals
for planning, research,
monitoring, outreach, and
implementation of projects in
furtherance of the Initiative
and the Great Lakes Water
Quality Agreement.
(E) Scope.--
(i) In general.--Projects shall be
carried out under the Initiative on
multiple levels, including--
(I) Great Lakes-wide; and
(II) Great Lakes basin-wide.
(ii) Limitation.--No funds made
available to carry out the Initiative
may be used for any water
infrastructure activity (other than a
green infrastructure project that
improves habitat and other ecosystem
functions in the Great Lakes) for which
amounts are made available from--
(I) a State water pollution
control revolving fund
established under title VI; or
(II) a State drinking water
revolving loan fund established
under section 1452 of the Safe
Drinking Water Act (42 U.S.C.
300j-12).
(F) Activities by other federal agencies.--
Each relevant Federal department or agency
shall, to the maximum extent practicable--
(i) maintain the base level of
funding for the Great Lakes activities
of that department or agency without
regard to funding under the Initiative;
and
(ii) identify new activities and
projects to support the environmental
goals of the Initiative and the Great
Lakes Water Quality Agreement.
(G) Funding.--
(i) In general.--There is authorized
to be appropriated to carry out this
paragraph $300,000,000 for each of
fiscal years 2017 through 2021.
(ii) Limitation.--Nothing in this
paragraph creates, expands, or amends
the authority of the Administrator to
implement programs or projects under--
(I) this section;
(II) the Initiative Action
Plan; or
(III) the Great Lakes Water
Quality Agreement.
* * * * * * *
Sec. 119. Long Island Sound.--
(a) The Administrator shall continue the Management
Conference of the Long Island Sound Study (hereinafter referred
to as the ``Conference'') as established pursuant to section
320 of this Act, and shall establish an office (hereinafter
referred to as the ``Office'') to be located on or near Long
Island Sound.
[(b) Administration and Staffing of Office.--The Office
shall]
(b) Office.--
(1) Establishment.--The Administrator shall--
(A) continue to carry out the conference
study; and
(B) establish an office, to be located on or
near Long Island Sound.
(2) Administration and staffing.--The Office shall;
be headed by a Director, who shall be detailed by the
Administrator, following consultation with the
Administrators of EPA regions I and II, from among the
employees of the Agency who are in civil service. The
Administrator shall delegate to the Director such
authority and detail such additional staff as may be
necessary to carry out the duties of the Director under
this section.
(c) Duties of the Office.--The Office shall assist the
[Management Conference of the Long Island Sound Study]
conference study in carrying out its goals. Specifically, the
Office shall--
(1) assist and support the implementation of the
Comprehensive Conservation and Management Plan for Long
Island Sound developed pursuant to section 320 of this
Act, including efforts to establish, within the process
for granting watershed general permits, a system for
promoting innovative methodologies and technologies
that are cost-effective and consistent with the goals
of the Plan;
(2) conduct or commission studies deemed necessary
for strengthened implementation of the Comprehensive
Conservation and Management Plan including, but not
limited to--
(A) population growth and the adequacy of
wastewater treatment facilities[,] ;
(B) the use of biological methods for
nutrient removal in sewage treatment plants[,]
;
(C) contaminated sediments, and dredging
activities[,] ;
(D) nonpoint source pollution abatement and
land use activities in the Long Island Sound
watershed[,] ;
(E) wetland protection and restoration[,] ;
(F) atmospheric deposition of acidic and
other pollutants into Long Island Sound[,] ;
(G) water quality requirements to sustain
fish, shellfish, and wildlife populations, and
the use of indicator species to assess
environmental quality[,] ;
(H) State water quality programs, for their
adequacy pursuant to implementation of the
Comprehensive Conservation and Management
Plan[, and] ;
(I) options for long-term financing of
wastewater treatment projects and water
pollution control programs[.] ;
(J) environmental impacts on the Long Island
Sound watershed, including--
(i) the identification and assessment
of vulnerabilities in the watershed;
(ii) the development and
implementation of adaptation strategies
to reduce those vulnerabilities; and
(iii) the identification and
assessment of the impacts of sea level
rise on water quality, habitat, and
infrastructure; and
(K) planning initiatives for Long Island
Sound that identify the areas that are most
suitable for various types or classes of
activities in order to reduce conflicts among
uses, reduce adverse environmental impacts,
facilitate compatible uses, or preserve
critical ecosystem services to meet economic,
environmental, security, or social objectives;
(3) coordinate the grant, research and planning
programs authorized under this section;
[(4) coordinate activities and implementation
responsibilities with other Federal agencies which have
jurisdiction over Long Island Sound and with national
and regional marine monitoring and research programs
established pursuant to the Marine Protection,
Research, and Sanctuaries Act;]
(4) develop and implement strategies to increase
public education and awareness with respect to the
ecological health and water quality conditions of Long
Island Sound;
(5) provide administrative and technical support to
the conference study;
(6) collect and make available to the public
(including on the Internet) publications, and other
forms of information the conference study determines to
be appropriate, relating to the environmental quality
of Long Island Sound;
[(7) not more than two years after the date of the
issuance of the final Comprehensive Conservation and
Management Plan for Long Island Sound under section 320
of this Act, and biennially thereafter, issue a report
to the Congress which--
[(A) summarizes the progress made by the
States in implementing the Comprehensive
Conservation and Management Plan;
[(B) summarizes any modifications to the
Comprehensive Conservation and Management Plan
in the twelve-month period immediately
preceding such report; and
[(C) incorporates specific recommendations
concerning the implementation of the
Comprehensive Conservation and Management Plan;
and]
(7) monitor the progress made toward meeting the
identified goals, actions, and schedules of the
Comprehensive Conservation and Management Plan,
including through the implementation and support of a
monitoring system for the ecological health and water
quality conditions of Long Island Sound; and
(8) convene conferences and meetings for legislators
from State governments and political subdivisions
thereof for the purpose of making recommendations for
coordinating legislative efforts to facilitate the
environmental restoration of Long Island Sound and the
implementation of the Comprehensive Conservation and
Management Plan.
(d) Grants.--(1) The Administrator is authorized to make
grants for projects and studies which will help implement the
Long Island Sound Comprehensive Conservation and Management
Plan. Special emphasis shall be given to implementation,
research and planning, enforcement, and citizen involvement and
education.
(2) State, interstate, and regional water pollution control
agencies, and other public or nonprofit private agencies,
institutions, and organizations held to be eligible for grants
pursuant to this subsection.
(3) Citizen involvement and citizen education grants under
this subsection shall not exceed 95 per centum of the costs of
such work. All other grants under this subsection shall not
exceed [50 per centum] 60 percent of the research, studies, or
work. All grants shall be made on the condition that the non-
Federal share of such costs are provided from non-Federal
sources.
(e) Assistance to Distressed Communities.--
(1) Eligible communities.--For the purposes of this
subsection, a distressed community is any community
that meets affordability criteria established by the
State in which the community is located, if such
criteria are developed after public review and comment.
(2) Priority.--In making assistance available under
this section for the upgrading of wastewater treatment
facilities, the Administrator may give priority to a
distressed community.
(f) Report.--
(1) In general.--Not later than 2 years after the
date of enactment of the Water Resources Development
Act of 2016, and biennially thereafter, the Director of
the Office, in consultation with the Governor of each
Long Island Sound State, shall submit to Congress a
report that--
(A) summarizes and assesses the progress made
by the Office and the Long Island Sound States
in implementing the Long Island Sound
Comprehensive Conservation and Management Plan,
including an assessment of the progress made
toward meeting the performance goals and
milestones contained in the Plan;
(B) assesses the key ecological attributes
that reflect the health of the ecosystem of the
Long Island Sound watershed;
(C) describes any substantive modifications
to the Long Island Sound Comprehensive
Conservation and Management Plan made during
the 2-year period preceding the date of
submission of the report;
(D) provides specific recommendations to
improve progress in restoring and protecting
the Long Island Sound watershed, including, as
appropriate, proposed modifications to the Long
Island Sound Comprehensive Conservation and
Management Plan;
(E) identifies priority actions for
implementation of the Long Island Sound
Comprehensive Conservation and Management Plan
for the 2-year period following the date of
submission of the report; and
(F) describes the means by which Federal
funding and actions will be coordinated with
the actions of the Long Island Sound States and
other entities.
(2) Public availability.--The Administrator shall
make the report described in paragraph (1) available to
the public, including on the Internet.
(g) Annual Budget Plan.--The President shall submit, together
with the annual budget of the United States Government
submitted under section 1105(a) of title 31, United States
Code, information regarding each Federal department and agency
involved in the protection and restoration of the Long Island
Sound watershed, including--
(1) an interagency crosscut budget that displays for
each department and agency--
(A) the amount obligated during the preceding
fiscal year for protection and restoration
projects and studies relating to the watershed;
(B) the estimated budget for the current
fiscal year for protection and restoration
projects and studies relating to the watershed;
and
(C) the proposed budget for succeeding fiscal
years for protection and restoration projects
and studies relating to the watershed; and
(2) a summary of any proposed modifications to the
Long Island Sound Comprehensive Conservation and
Management Plan for the following fiscal year.
(h) Federal Entities.--
(1) Coordination.--The Administrator shall coordinate
the actions of all Federal departments and agencies
that impact water quality in the Long Island Sound
watershed in order to improve the water quality and
living resources of the watershed.
(2) Methods.--In carrying out this section, the
Administrator, acting through the Director of the
Office, may--
(A) enter into interagency agreements; and
(B) make intergovernmental personnel
appointments.
(3) Federal participation in watershed planning.--A
Federal department or agency that owns or occupies real
property, or carries out activities, within the Long
Island Sound watershed shall participate in regional
and subwatershed planning, protection, and restoration
activities with respect to the watershed.
(4) Consistency with comprehensive conservation and
management plan.--To the maximum extent practicable,
the head of each Federal department and agency that
owns or occupies real property, or carries out
activities, within the Long Island Sound watershed
shall ensure that the property and all activities
carried out by the department or agency are consistent
with the Long Island Sound Comprehensive Conservation
and Management Plan (including any related subsequent
agreements and plans).
[(f)] (i) Authorizations.--(1) There is authorized to be
appropriated to the Administrator for the implementation of
this section, other than subsection (d), such sums as may be
necessary for each of the fiscal years 2001 through 2010.
(2) There is authorized to be appropriated to the
Administrator for the implementation of subsection (d) not to
exceed $40,000,000 for each of fiscal years 2001 through 2010.
* * * * * * *
SEC. 221. SEWER OVERFLOW CONTROL GRANTS.
[(a) In General.--In any fiscal year in which the
Administrator has available for obligation at least
$1,350,000,000 for the purposes of section 601--
[(1) the Administrator may make grants to States for
the purpose of providing grants to a municipality or
municipal entity for planning, design, and construction
of treatment works to intercept, transport, control, or
treat municipal combined sewer overflows and sanitary
sewer overflows; and
[(2) subject to subsection (g), the Administrator
may]
(a) Authority.--The Administrator may--
(1) make grants to States for the purpose of
providing grants to a municipality or municipal entity
for planning, designing, and constructing--
(A) treatment works to intercept, transport,
control, or treat municipal combined sewer
overflows and sanitary sewer overflows; and
(B) measures to manage, reduce, treat, or
recapture stormwater or subsurface drainage
water; and
(2) subject to subsection (g), make a direct grant to
a municipality or municipal entity for the purposes
described in paragraph (1).
(b) Prioritization.--In selecting from among municipalities
applying for grants under subsection (a), a State or the
Administrator shall give priority to an applicant that--
(1) is a municipality that is a financially
distressed community under subsection (c)[;] ; or
[(2) has implemented or is complying with an
implementation schedule for the nine minimum controls
specified in the CSO control policy referred to in
section 402(q)(1) and has begun implementing a long-
term municipal combined sewer overflow control plan or
a separate sanitary sewer overflow control plan;
[(3) is requesting a grant for a project that is on a
State's intended use plan pursuant to section 606(c);
or]
[(4)] (2) is an Alaska Native Village.
* * * * * * *
(d) Cost-Sharing.--The Federal share of the cost of
activities carried out using amounts from a grant made under
subsection (a) shall be not less than 55 percent of the cost.
The non-Federal share of the cost may include, in any amount,
public and private funds and in-kind services, and may include,
notwithstanding section [603(h)] section 603(i), financial
assistance, including loans, from a State water pollution
control revolving fund.
[(e) Administrative Reporting Requirements.--If a project
receives grant assistance under subsection (a) and loan
assistance from a State water pollution control revolving fund
and the loan assistance is for 15 percent or more of the cost
of the project, the project may be administered in accordance
with State water pollution control revolving fund
administrative reporting requirements for the purposes of
streamlining such requirements.
[(f) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section 750,000,000 for each
of fiscal years 2002 and 2003. Such sums shall remain available
until expended.
[(g) Allocation of Funds.--
[(1) Fiscal year 2002.--Subject to subsection (h),
the Administrator shall use the amounts appropriated to
carry out this section for fiscal year 2002 for making
grants to municipalities and municipal entities under
subsection (a)(2), in accordance with the criteria set
forth in subsection (b).
[(2) Fiscal year 2003.-- Subject to subsection (h),
the Administrator shall use the amounts appropriated to
carry out this section for fiscal year 2003 as follows:
[(A) Not to exceed 250,000,000 for making
grants to municipalities and municipal entities
under subsection (a)(2), in accordance with the
criteria set forth in subsection (b).
[(B) All remaining amounts for making grants
to States under subsection (a)(1), in
accordance with a formula to be established by
the Administrator, after providing notice and
an opportunity for public comment, that
allocates to each State a proportional share of
such amounts based on the total needs of the
State for municipal combined sewer overflow
controls and sanitary sewer overflow controls
identified in the most recent survey conducted
pursuant to section 516(b)(1).]
(e) Administrative Requirements.--
(1) In general.--Subject to paragraph (2), a project
that receives grant assistance under subsection (a)
shall be carried out subject to the same requirements
as a project that receives assistance from a State
water pollution control revolving fund established
pursuant to title VI.
(2) Determination of governor.--The requirement
described in paragraph (1) shall not apply to a project
that receives grant assistance under subsection (a) to
the extent that the Governor of the State in which the
project is located determines that a requirement
described in title VI is inconsistent with the purposes
of this section.
(f) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section, to remain available
until expended--
(1) $250,000,000 for fiscal year 2017;
(2) $300,000,000 for fiscal year 2018;
(3) $350,000,000 for fiscal year 2019;
(4) $400,000,000 for fiscal year 2020; and
(5) $500,000,000 for fiscal year 2021.
(g) Allocation of Funds.--
(1) Fiscal year 2017 and 2018.--For each of fiscal
years 2017 and 2018, subject to subsection (h), the
Administrator shall use the amounts made available to
carry out this section to provide grants to
municipalities and municipal entities under subsection
(a)(2)--
(A) in accordance with the priority criteria
described in subsection (b); and
(B) with additional priority given to
proposed projects that involve the use of--
(i) nonstructural, low-impact
development;
(ii) water conservation, efficiency,
or reuse; or
(iii) other decentralized stormwater
or wastewater approaches to minimize
flows into the sewer systems.
(2) Fiscal year 2019 and thereafter.--For fiscal year
2019 and each fiscal year thereafter, subject to
subsection (h), the Administrator shall use the amounts
made available to carry out this section to provide
grants to States under subsection (a)(1) in accordance
with a formula that--
(A) shall be established by the
Administrator, after providing notice and an
opportunity for public comment; and
(B) allocates to each State a proportional
share of the amounts based on the total needs
of the State for municipal combined sewer
overflow controls and sanitary sewer overflow
controls, as identified in the most recent
survey--
(i) conducted under section 210; and
(ii) included in a report required
under section 516(b)(1)(B).
* * * * * * *
[(i) Reports.--Not later than December 31, 2003, and
periodically thereafter, the Administrator shall transmit to
Congress a report containing recommended funding levels for
grants under this section. The recommended funding levels shall
be sufficient to ensure the continued expeditious
implementation of municipal combined sewer overflow and
sanitary sewer overflow controls nationwide.]
* * * * * * *
SEC. 222. TECHNICAL ASSISTANCE FOR SMALL AND MEDIUM TREATMENT WORKS.
(a) Definitions.--In this section:
(1) Medium treatment works.--The term `medium
treatment works' means a publicly owned treatment works
serving not fewer than 10,001 and not more than 100,000
individuals.
(2) Qualified nonprofit medium treatment works
technical assistance provider.--The term `qualified
nonprofit medium treatment works technical assistance
provider' means a qualified nonprofit technical
assistance provider of water and wastewater services to
medium-sized communities that provides technical
assistance (including circuit rider technical
assistance programs, multi-State, regional assistance
programs, and training and preliminary engineering
evaluations) to owners and operators of medium
treatment works, which may include State agencies.
(3) Qualified nonprofit small treatment works
technical assistance provider.--The term `qualified
nonprofit small treatment works technical assistance
provider' means a nonprofit organization that, as
determined by the Administrator--
(A) is the most qualified and experienced in
providing training and technical assistance to
small treatment works; and
(B) the small treatment works in the State
finds to be the most beneficial and effective.
(4) Small treatment works.--The term `small treatment
works' means a publicly owned treatment works serving
not more than 10,000 individuals.
(b) Technical Assistance.--The Administrator may use amounts
made available to carry out this section to provide grants or
cooperative agreements to qualified nonprofit small treatment
works technical assistance providers and grants or cooperative
agreements to qualified nonprofit medium treatment works
technical assistance providers to provide to owners and
operators of small and medium treatment works onsite technical
assistance, circuit-rider technical assistance programs, multi-
State, regional technical assistance programs, and onsite and
regional training, to assist the treatment works in achieving
compliance with this Act or obtaining financing under this Act
for eligible projects.
(c) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section--
(1) for grants for small treatment works technical
assistance, $15,000,000 for each of fiscal years 2017
through 2021; and
(2) for grants for medium treatment works technical
assistance, 10,000,000 for each of fiscal years 2017
through 2021.
* * * * * * *
Sec. 309. (a)(1) Whenever, on the basis of any information
available to him, the Administrator finds that any person is in
violation of any condition or limitation which implements
section 301, 302, 306, 307, 308, 318, or 405 of this Act in a
permit issued by a State under an approved permit program under
section 402 or 404 of this Act, he shall proceed under his
authority in paragraph (3) of this subsection or he shall
notify the person in alleged violation and such State of such
finding. If beyond the thirtieth day after the Administrator's
notification the State has not commenced appropriate
enforcement action, the Administrator shall issue an order
requiring such person to comply with such condition or
limitation or shall bring a civil action in accordance with
subsection (b) of this section.
* * * * * * *
(g) Administrative Penalties.--
(1) Violations.--Whenever on the basis of any
information available--
(A) the Administrator finds that any person
has violated section 301, 302, 306, 307, 308,
318, or 405 of this Act, or has violated any
permit condition or limitation implementing any
of such sections in a permit issued under
section 402 of this Act by the Administrator or
by a State, or in a permit issued under section
404 by a State, or
(B) the Secretary of the Army (hereinafter in
this subsection referred to as the
``Secretary'') finds that any person has
violated any permit condition or limitation in
a permit issued under section 404 of this Act
by the Secretary,
the Administrator or Secretary, as the case may be,
may, after consultation with the State in which the
violation occurs, assess a class I civil penalty or a
class II civil penalty under this subsection.
(2) Classes of penalties.--* * *
* * * * * * *
(h) Implementation of Integrated Plans Through Enforcement
Tools.--
(1) In general.--In conjunction with an enforcement
action under subsection (a) or (b) relating to
municipal discharges, the Administrator shall inform a
municipality of the opportunity to develop an
integrated plan, as defined in section 402(s).
(2) Modification.--Any municipality under an
administrative order under subsection (a) or settlement
agreement under subsection (b) that has developed an
integrated plan consistent with section 402(s) may
request a modification of the administrative order or
settlement agreement based on that integrated plan.
* * * * * * *
Sec. 402. (a)(1) Except as provided in sections 318 and 404
of this Act, the Administrator may, after opportunity for
public hearing, issue a permit for the discharge of any
pollutant, or combination of pollutants, notwithstanding
section 301(a), upon condition that such discharge will meet
either (A) all applicable requirements under sections 301, 302,
306, 307, 308, and 403 of this Act, or (B) prior to the taking
of necessary implementing actions relating to all such
requirements, such conditions as the Administrator determines
are necessary to carry out the provisions of this Act.
* * * * * * *
(s) Integrated Plan Permits.--
(1) Definitions.--In this subsection:
(A) Green infrastructure.--The term `green
infrastructure' means the range of measures
that use plant or soil systems, permeable
pavement or other permeable surfaces or
substrates, stormwater harvest and reuse, or
landscaping to store, infiltrate, or
evapotranspirate stormwater and reduce flows to
sewer systems or to surface waters.
(B) Integrated plan.--The term `integrated
plan' has the meaning given in Part III of the
Integrated Municipal Stormwater and Wastewater
Planning Approach Framework, issued by the
Environmental Protection Agency and dated May
2012.
(C) Municipal discharge.--
(i) In general.--The term `municipal
discharge' means a discharge from a
treatment works (as defined in section
212) or a discharge from a municipal
storm sewer under subsection(p).
(ii) Inclusion.--The term `municipal
discharge' includes a discharge of
wastewater or storm water collected
from multiple municipalities if the
discharge is covered by the same permit
issued under this section.
(2) Integrated plan.--
(A) In general.--The Administrator (or a
State, in the case of a permit program approved
under subsection (b)) shall inform a municipal
permittee or multiple municipal permittees of
the opportunity to develop an integrated plan.
(B) Scope of permit incorporating integrated
plan.--A permit issued under this subsection
that incorporates an integrated plan may
integrate all requirements under this Act
addressed in the integrated plan, including
requirements relating to--
(i) a combined sewer overflow;
(ii) a capacity, management,
operation, and maintenance program for
sanitary sewer collection systems;
(iii) a municipal stormwater
discharge;
(iv) a municipal wastewater
discharge; and
(v) a water quality-based effluent
limitation to implement an applicable
wasteload allocation in a total maximum
daily load.
(3) Compliance schedules.--
(A) In general.--A permit for a municipal
discharge by a municipality that incorporates
an integrated plan may include a schedule of
compliance, under which actions taken to meet
any applicable water quality-based effluent
limitation may be implemented over more than 1
permit term if the compliance schedules are
authorized by State water quality standards.
(B) Inclusion.--Actions subject to a
compliance schedule under subparagraph (A) may
include green infrastructure if implemented as
part of a water quality-based effluent
limitation.
(C) Review.--A schedule of compliance may be
reviewed each time the permit is renewed.
(4) Existing authorities retained.--
(A) Applicable standards.--Nothing in this
subsection modifies any obligation to comply
with applicable technology and water quality-
based effluent limitations under this Act.
(B) Flexibility.--Nothing in this subsection
reduces or eliminates any flexibility available
under this Act, including the authority of a
State to revise a water quality standard after
a use attainability analysis under section
131.10(g) of title 40, Code of Federal
Regulations (as in effect on the date of
enactment of this subsection), subject to the
approval of the Administrator under section
303(c).
(5) Clarification of state authority.--
(A) In general.--Nothing in section
301(b)(1)(C) precludes a State from authorizing
in the water quality standards of the State the
issuance of a schedule of compliance to meet
water quality-based effluent limitations in
permits that incorporate provisions of an
integrated plan.
(B) Transition rule.--In any case in which a
discharge is subject to a judicial order or
consent decree as of the date of enactment of
the Water Resources Development Act of 2016
resolving an enforcement action under this Act,
any schedule of compliance issued pursuant to
an authorization in a State water quality
standard shall not revise or otherwise affect a
schedule of compliance in that order or decree
unless the order or decree is modified by
agreement of the parties and the court.
* * * * * * *
SEC. 518. INDIAN TRIBES.
(a) Policy.--Nothing in this section shall be construed to
affect the application of section 101(g) of this Act, and all
of the provisions of this section shall be carried out in
accordance with the provisions of such section 101(g). Indian
tribes shall be treated as States for purposes of such section
101(g).
(b) Assessment of Sewage Treatment Needs; Report.--* * *
* * * * * * *
SEC. 519. ENVIRONMENTAL PROTECTION AGENCY GREEN INFRASTRUCTURE
PROMOTION.
(a) In General.--The Administrator shall ensure that the
Office of Water, the Office of Enforcement and Compliance
Assurance, the Office of Research and Development, and the
Office of Policy of the Environmental Protection Agency promote
the use of green infrastructure in and coordinate the
integration of green infrastructure into, permitting programs,
planning efforts, research, technical assistance, and funding
guidance.
(b) Duties.--The Administrator shall ensure that the Office
of Water--
(1) promotes the use of green infrastructure in the
programs of the Environmental Protection Agency; and
(2) coordinates efforts to increase the use of green
infrastructure with--
(A) other Federal departments and agencies;
(B) State, tribal, and local governments; and
(C) the private sector.
(c) Regional Green Infrastructure Promotion.--The
Administrator shall direct each regional office of the
Environmental Protection Agency, as appropriate based on local
factors, and consistent with the requirements of this Act, to
promote and integrate the use of green infrastructure within
the region that includes--
(1) outreach and training regarding green
infrastructure implementation for State, tribal, and
local governments, tribal communities, and the private
sector; and
(2) the incorporation of green infrastructure into
permitting and other regulatory programs, codes, and
ordinance development, including the requirements under
consent decrees and settlement agreements in
enforcement actions.
(d) Green Infrastructure Information-sharing.--The
Administrator shall promote green infrastructure information-
sharing, including through an Internet website, to share
information with, and provide technical assistance to, State,
tribal, and local governments, tribal communities, the private
sector, and the public regarding green infrastructure
approaches for--
(1) reducing water pollution;
(2) protecting water resources;
(3) complying with regulatory requirements; and
(4) achieving other environmental, public health, and
community goals.
Sec. [519] 520. This Act may be cited as the ``Federal Water
Pollution Control Act'' (commonly referred to as the Clean
Water Act).
* * * * * * *
SEC. 603. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
(a) Requirements for Obligation of Grant Funds.--Before a
State may receive a capitalization grant with funds made
available under this title and section 205(m) of this Act, the
State shall first establish a water pollution control revolving
fund which complies with the requirements of this section.
* * * * * * *
(d) Types of Assistance.--Except as otherwise limited by
State law and as provided in subsection (e), a water pollution
control revolving fund of a State under this section may be
used only--
* * * * * * *
(e) Additional Use of Funds.--A State may use an additional 2
percent of the funds annually allotted to the State under this
section for qualified nonprofit small treatment works technical
assistance providers and qualified nonprofit medium treatment
works technical assistance providers (as those terms are
defined in section 222) to provide technical assistance to
small treatment works and medium treatment works in the State.
* * * * * * *
[(e)] (f) Limitation To Prevent Double Benefits.--If a State
makes, from its water pollution revolving fund, a loan which
will finance the cost of facility planning and the preparation
of plans, specifications, and estimates for construction of
publicly owned treatment works, the State shall ensure that if
the recipient of such loan receives a grant under section
201(g) of this Act for construction of such treatment works and
an allowance under section 201(l)(1) of this Act for non-
federal funds expended for such planning and preparation, such
recipient will promptly repay such loan to the extent of such
allowance.
[(f)] (g) Consistency With Planning Requirements.--A State
may provide financial assistance from its water pollution
control revolving fund only with respect to a project which is
consistent with plans, if any, developed under sections 205(j),
208, 303(e), 319, and 320 of this Act.
[(g)] (h) Priority List Requirement.--The State may provide
financial assistance from its water pollution control revolving
fund only with respect to a project for construction of a
treatment works described in subsection (c)(1) if such project
is on the State's priority list under section 216 of this Act.
Such assistance may be provided regardless of the rank of such
project on such list.
[(h)] (i) Eligibility of Non-Federal Share of Construction
Grant Projects.--A State water pollution control revolving fund
may provide assistance (other than under subsection (d)(1) of
this section) to a municipality or intermunicipal or interstate
agency with respect to the non-Federal share of the costs of a
treatment works project for which such municipality or agency
is receiving assistance from the Administrator under any other
authority only if such assistance is necessary to allow such
project to proceed.
[(i)] (j) Additional Subsidization.--
(1) In general.--In any case in which a State
provides assistance to a municipality or
intermunicipal, interstate, or State agency under
subsection (d), the State may provide additional
subsidization, including forgiveness of principal and
negative interest loans--
(A) to benefit a municipality that--
(i) meets the affordability criteria
of the State established under
paragraph (2); or
(ii) does not meet the affordability
criteria of the State if the
recipient--
(I) seeks additional
subsidization to benefit
individual ratepayers in the
residential user rate class;
(II) demonstrates to the
State that such ratepayers will
experience a significant
hardship from the increase in
rates necessary to finance the
project or activity for which
assistance is sought; and
(III) ensures, as part of an
assistance agreement between
the State and the recipient,
that the additional
subsidization provided under
this paragraph is directed
through a user charge rate
system (or other appropriate
method) to such ratepayers; or
(B) to implement a process, material,
technique, or technology--
(i) to address water-efficiency
goals;
(ii) to address energy-efficiency
goals;
(iii) to mitigate stormwater runoff;
[or]
(iv) to encourage sustainable project
planning, design, and construction[.]
;or
(v) to encourage the use of
innovative water technologies related
to any of the issues identified in
clauses (i) through (iv) or, as
determined by the State, any other
eligible project and activity eligible
for assistance under subsection (c).
(2) Affordability criteria.--
(A) Establishment.--
(i) In general.--Not later than
September 30, 2015, and after providing
notice and an opportunity for public
comment, a State shall establish
affordability criteria to assist in
identifying municipalities that would
experience a significant hardship
raising the revenue necessary to
finance a project or activity eligible
for assistance under subsection (c)(1)
if additional subsidization is not
provided.
(ii) Contents.--The criteria under
clause (i) shall be based on income and
unemployment data, population trends,
and other data determined relevant by
the State, including whether the
project or activity is to be carried
out in an economically distressed area,
as described in section 301 of the
Public Works and Economic Development
Act of 1965 (42 U.S.C. 3161).
(B) Existing criteria.--If a State has
previously established, after providing notice
and an opportunity for public comment,
affordability criteria that meet the
requirements of subparagraph (A)--
(i) the State may use the criteria
for the purposes of this subsection;
and
(ii) those criteria shall be treated
as affordability criteria established
under this paragraph.
(C) Information to assist states.--The
Administrator may publish information to assist
States in establishing affordability criteria
under subparagraph (A).
(3) Limitations.--
(A) In general.--A State may provide
additional subsidization in a fiscal year under
this subsection only if the total amount
appropriated for making capitalization grants
to all States under this title for the fiscal
year exceeds $1,000,000,000.
(B) Additional limitation.--
(i) General rule.--Subject to clause
(ii), a State may use not more than 30
percent of the total amount received by
the State in capitalization grants
under this title for a fiscal year for
providing additional subsidization
under this subsection.
(ii) Exception.--If, in a fiscal
year, the amount appropriated for
making capitalization grants to all
States under this title exceeds
$1,000,000,000 by a percentage that is
less than 30 percent, clause (i) shall
be applied by substituting that
percentage for 30 percent.
(C) Applicability.--The authority of a State
to provide additional subsidization under this
subsection shall apply to amounts received by
the State in capitalization grants under this
title for fiscal years beginning after
September 30, 2014.
(D) Consideration.--If the State provides
additional subsidization to a municipality or
intermunicipal, interstate, or State agency
under this subsection that meets the criteria
under paragraph (1)(A), the State shall take
the criteria set forth in section 602(b)(5)
into consideration.
(k) Technical Assistance.--The Administrator may provide
technical assistance to facilitate and encourage the provision
of financial assistance for innovative water technologies.
(l) Report.--Not later than 1 year after the date of
enactment of the Water Resources Development Act of 2016, and
not less frequently than every 5 years thereafter, the
Administrator shall submit to Congress a report that
describes--
(1) the amount of financial assistance provided by
State water pollution control revolving funds to deploy
innovative water technologies;
(2) the barriers impacting greater use of innovative
water technologies; and
(3) the cost-saving potential to cities and future
infrastructure investments from emerging technologies.
* * * * * * *
CHAPTER 109-WATER RESOURCES RESEARCH
(42 U.S.C. 10301)
SEC. 10301. CONGRESSIONAL FINDINGS AND DECLARATIONS
The Congress finds and declares that-
(1) the existence of an adequate supply of water of
good quality for the production of materials and energy
for the Nation's needs and for the efficient use of the
Nation's energy and water resources is essential to
national economic stability and growth, and to the
well-being of the people;
(2) the management of water resources is closely
related to maintaining environmental quality,
productivity of natural resources and agricultural
systems, and social well-being;
(3) there is an increasing threat of impairment to
the quantity and quality of surface and groundwater
resources;
(4) the Nation's capabilities for technological
assessment and planning and for policy formulation for
water resources must be strengthened at the Federal,
State, and local governmental levels;
(5) there should be a continuing national investment
in water and related research and technology
commensurate with growing national needs;
(6) it is necessary to provide for the research and
development of technology for the conversion of saline
and other impaired waters to a quality suitable for
municipal, industrial, agricultural, recreational, and
other beneficial uses;
(7) additional research is required to increase the
effectiveness and efficiency of new and existing
treatment works through alternative approaches,
including--
(A) nonstructural alternatives;
(B) decentralized approaches;
(C) water use efficiency and conservation;
and
(D) actions to reduce energy consumption or
extract energy from wastewater;
[(7)] (8) the Nation must provide programs to
strengthen research and associated graduate education
because the pool of scientists, engineers, and
technicians trained in fields related to water
resources constitutes an invaluable natural resource
which should be increased, fully utilized, and
regularly replenished; [and]
[(8)] (9) long-term planning and policy development
are essential to ensure the availability of an abundant
supply of high quality water for domestic and other
uses; and
[(9)] (10) the States must have the research and
problem-solving capacity necessary to effectively
manage their water resources.
* * * * * * *
(42 U.S.C. 10303)
SEC. 10303. WATER RESOURCES RESEARCH AND TECHNOLOGY INSTITUTES
(a) Establishment; designation of site by State legislature
or Governor
* * * * * * *
(b) Scope of research; other activities; cooperation and
coordinationEach institute shall-
(1) plan, conduct, or otherwise arrange for competent
applied and peer reviewed research that fosters-
(A) improvements in water supply reliability;
(B) the exploration of new ideas that-
(i) address water problems; or
(ii) expand understanding of water
and [water-related phenomena] water
resources;
(C) the entry of new research scientists,
engineers, and technicians into water resources
fields; and
(D) the dissemination of research results to
water managers and the public[.] ;and
* * * * * * *
(c) Grants; matching funds
[From the]
(1) In general.--From the sums appropriated pursuant
to subsection (f) of this section, the Secretary shall
make grants to each institute to be matched on a basis
of no less than 2 non-Federal dollars for every 1
Federal dollar, such sums to be used only for the
reimbursement of the direct cost expenditures incurred
for the conduct of the water resources research
program.
(2) Report.--Not later than December 31 of each
fiscal year, the Secretary shall submit to the
Committee on Environment and Public Works of the
Senate, the Committee on the Budget of the Senate, the
Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on the
Budget of the House of Representatives a report
regarding the compliance of each funding recipient with
this subsection for the immediately preceding fiscal
year.
* * * * * * *
[(e) Evaluation of water resources research program
[The Secretary shall conduct a careful and detailed
evaluation of each institute at least once every 3 years to
determine that the quality and relevance of its water resources
research and its effectiveness at producing measured results
and applied water supply research as an institution for
planning, conducting, and arranging for research warrants its
continued support under this section. If, as a result of any
such evaluation, the Secretary determines that an institute
does not qualify for further support under this section, then
no further grants to the institute may be made until the
institute's qualifications are reestablished to the
satisfaction of the Secretary.]
(e) Evaluation of Water Resources Research Program.--
(1) In general.--The Secretary shall conduct a
careful and detailed evaluation of each institute at
least once every 3 years to determine--
(A) the quality and relevance of the water
resources research of the institute;
(B) the effectiveness of the institute at
producing measured results and applied water
supply research; and
(C) whether the effectiveness of the
institute as an institution for planning,
conducting, and arranging for research warrants
continued support under this section.
(2) Prohibition on further support.--If, as a result
of an evaluation under paragraph (1), the Secretary
determines that an institute does not qualify for
further support under this section, no further grants
to the institute may be provided until the
qualifications of the institute are reestablished to
the satisfaction of the Secretary.
* * * * * * *
(f) Authorization of appropriations in general
(1) There is authorized to be appropriated to carry
out this section, to remain available until expended,
[$12,000,000 for each of fiscal years 2007 through
2011] $7,500,000 for each of fiscal years 2017 through
2021.
* * * * * * *
(g) Additional appropriations where research focused on water
problems of interstate nature
(1) There is further authorized to be appropriated to
the Secretary of the Interior the sum of [6,000,000 for
each of fiscal years 2007 through 2011] 1,500,000 for
each of fiscal years 2017 through 2021 only for
reimbursement of the direct cost expenses of additional
research or synthesis of the results of research by
institutes which focuses on water problems and issues
of a regional or interstate nature beyond those of
concern only to a single State and which relate to
specific program priorities identified jointly by the
Secretary and the institutes. Such funds when
appropriated shall be matched on a not less than
dollar-for-dollar basis by funds made available to
institutes or groups of institutes, by States or other
non-Federal sources. Funds made available under this
subsection shall remain available until expended.
* * * * * * *
WATER DESALINATION ACT OF 1996
[42 U.S.C. 10301; PUBLIC LAW 104-298--OCT. 11, 1996]
SEC. 3. AUTHORIZATION OF RESEARCH AND STUDIES.
(a) In General.--In order to determine the most cost-
effective and technologically efficient means by which usable
water can be produced from saline water or water otherwise
impaired or contaminated, the Secretary is authorized to award
grants and to enter into contracts, to the extent provided in
advance in appropriation Acts, to conduct, encourage, and
assist in the financing of research to develop processes for
converting saline water into water suitable for beneficial
uses. Awards of research grants and contracts under this
section shall be made on the basis of a competitive, merit-
reviewed process. Research and study topics authorized by this
section include--
(1) * * *
* * * * * * *
(e) Prioritization.--In carrying out this section, the
Secretary shall prioritize funding for research--
(1) to reduce energy consumption and lower the cost
of desalination, including chloride control;
(2) to reduce the environmental impacts of seawater
desalination and develop technology and strategies to
minimize those impacts;
(3) to improve existing reverse osmosis and membrane
technology;
(4) to carry out basic and applied research on next
generation desalination technologies, including
improved energy recovery systems and renewable energy-
powered desalination systems that could significantly
reduce desalination costs;
(5) to develop portable or modular desalination units
capable of providing temporary emergency water supplies
for domestic or military deployment purposes; and
(6) to develop and promote innovative desalination
technologies, including chloride control, identified by
the Secretary.
SEC. 4. DESALINATION DEMONSTRATION AND DEVELOPMENT.
(a) In General.--In order to further demonstrate the
feasibility of desalination processes investigated either
independently or in research conducted pursuant to section 3,
the Secretary shall administer and conduct a demonstration and
development program for water desalination and related
activities, including the following:
(1) * * *
* * * * * * *
(c) Prioritization.--In carrying out demonstration and
development activities under this section, the Secretary shall
prioritize projects--
(1) in drought-stricken States and communities;
(2) in States that have authorized funding for
research and development of desalination technologies
and projects;
(3) that can reduce reliance on imported water
supplies that have an impact on species listed under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
(4) that demonstrably leverage the experience of
international partners with considerable expertise in
desalination, such as the State of Israel.
* * * * * * *
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Section 3.-There are authorized to be appropriated to
carry out section 3 of this Act [5,000,000] 8,000,000 per year
for fiscal years 1997 through [2013] 2021. Of these amounts, up
to 1,000,000 in each fiscal year may be awarded to institutions
of higher education, including United States-Mexico binational
research foundations and interuniversity research programs
established by the two countries, for research grants without
any cost-sharing requirement.
(b) Section 4.-There are authorized to be appropriated to
carry out section 4 of this Act 3,000,000 [for each of fiscal
years 2012 through 2013] for each of fiscal years 2017 through
2021.
[SEC. 9. CONSULTATION.
In carrying out]
SEC. 9. CONSULTATION AND COORDINATION.
(a) Consultation.--In carrying outthe provisions of this Act,
the Secretary shall consult with the heads of other Federal
agencies, including the Secretary of the Army, which have
experience in conducting desalination research or operating
desalination facilities. [The authorization]
(b) Coordination of Federal Desalination Research and
Development.--
(1) In general.--The White House Office of Science
and Technology Policy shall develop a coordinated
strategic plan that--
(A) establishes priorities for future Federal
investments in desalination;
(B) coordinates the activities of Federal
agencies involved in desalination, including
the Bureau of Reclamation, the Corps of
Engineers, the United States Army Tank
Automotive Research, Development and
Engineering Center, the National Science
Foundation, the Office of Naval Research of the
Department of Defense, the National
Laboratories of the Department of Energy, the
United States Geological Survey, the
Environmental Protection Agency, and the
National Oceanic and Atmospheric
Administration; and
(C) strengthens research and development
cooperation with international partners, such
as the State of Israel, in the area of
desalination technology.
(c) Other Desalination Programs.--The authorization
provided for in this Act shall not prohibit other agencies
from carrying out separately authorized programs for
desalination research or operations.
* * * * * * *
CONSOLIDATED APPROPRIATIONS ACT, 2016
[PUBLIC LAW 114-113--129 Stat. 2242]
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2016
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
STATE AND TRIBAL ASSISTANCE GRANTS
(1) $1,393,887,000 shall be for making capitalization
grants for the Clean Water State Revolving Funds under
title VI of the Federal Water Pollution Control Act;
and of which 863,233,000 shall be for making
capitalization grants for the Drinking Water State
Revolving Funds under section 1452 of the Safe Drinking
Water Act: Provided, That for fiscal year 2016, to the
extent there are sufficient eligible project
applications and projects are consistent with State
Intended Use Plans, not less than 10 percent of the
funds made available under this title to each State for
Clean Water State Revolving Fund capitalization grants
shall be used by the State for projects to address
green infrastructure, water or energy efficiency
improvements, or other environmentally innovative
activities: Provided further, That for fiscal year
2016, funds made available under this title to each
State for Drinking Water State Revolving Fund
capitalization grants may, at the discretion of each
State, be used for projects to address green
infrastructure, water or energy efficiency
improvements, or other environmentally innovative
activities: Provided further, That notwithstanding
section 603(d)(7) of the Federal Water Pollution
Control Act, the limitation on the amounts in a State
water pollution control revolving fund that may be used
by a State to administer the fund shall not apply to
amounts included as principal in loans made by such
fund in fiscal year 2016 and prior years where such
amounts represent costs of administering the fund to
the extent that such amounts are or were deemed
reasonable by the Administrator, accounted for
separately from other assets in the fund, and used for
eligible purposes of the fund, including
administration: Provided further, That for fiscal year
2016, notwithstanding the limitation on amounts in
section 518(c) of the Federal Water Pollution Control
Act, up to a total of 2 percent of the funds
appropriated, or $30,000,000, whichever is greater, and
notwithstanding the limitation on amounts in section
1452(i) of the Safe Drinking Water Act, up to a total
of 2 percent of the funds appropriated, or $20,000,000,
whichever is greater, for State Revolving Funds under
such Acts may be reserved by the Administrator for
grants under section 518(c) and section 1452(i) of such
Acts: Provided further, That for fiscal year 2016,
notwithstanding the amounts specified in section 205(c)
of the Federal Water Pollution Control Act, up to 1.5
percent of the aggregate funds appropriated for the
Clean Water State Revolving Fund program under the Act
less any sums reserved under section 518(c) of the Act,
may be reserved by the Administrator for grants made
under title II of the Federal Water Pollution Control
Act for American Samoa, Guam, the Commonwealth of the
Northern Marianas, and United States Virgin Islands:
Provided further, That for fiscal year 2016,
notwithstanding the limitations on amounts specified in
section 1452(j) of the Safe Drinking Water Act, up to
1.5 percent of the funds appropriated for the Drinking
Water State Revolving Fund programs under the Safe
Drinking Water Act may be reserved by the Administrator
for grants made under section 1452(j) of the Safe
Drinking Water Act: Provided further, That 10 percent
of the funds made available under this title to each
State for Clean Water State Revolving Fund
capitalization grants and 20 percent of the funds made
available under this title to each State for Drinking
Water State Revolving Fund capitalization grants shall
be used by the State to provide additional subsidy to
eligible recipients in the form of forgiveness of
principal, negative interest loans, or grants (or any
combination of these), and shall be so used by the
State only where such funds are provided as initial
financing for an eligible recipient or to buy,
refinance, or restructure the debt obligations of
eligible recipients only where such debt was incurred
on or after the date of enactment of this Act[;] or, if
a Federal or State emergency declaration has been
issued due to a threat to public health from heightened
exposure to lead in a municipal drinking water supply,
before the date of enactment of this Act: Provided
further, that in a State in which such an emergency
declaration has been issued, the State may use more
than 20 percent of the funds made available under this
title to the State for Drinking Water State Revolving
Fund capitalization grants to provide additional
subsidy to eligible recipients;
* * * * * * *
LAKE TAHOE RESTORATION ACT
* * * * * * *
[SEC. 2. FINDINGS AND PURPOSES.
[(a) Findings.--Congress finds that--
[(1) Lake Tahoe, one of the largest, deepest, and
clearest lakes in the world, has a cobalt blue color, a
unique alpine setting, and remarkable water clarity,
and is recognized nationally and worldwide as a natural
resource of special significance;
[(2) in addition to being a scenic and ecological
treasure, Lake Tahoe is one of the outstanding
recreational resources of the United States, offering
skiing, water sports, biking, camping, and hiking to
millions of visitors each year, and contributing
significantly to the economies of California, Nevada,
and the United States;
[(3) the economy in the Lake Tahoe basin is dependent
on the protection and restoration of the natural beauty
and recreation opportunities in the area;
[(4) Lake Tahoe is in the midst of an environmental
crisis; the Lake's water clarity has declined from a
visibility level of 105 feet in 1967 to only 70 feet in
1999, and scientific estimates indicate that if the
water quality at the Lake continues to degrade, Lake
Tahoe will lose its famous clarity in only 30 years;
[(5) sediment and algae-nourishing phosphorous and
nitrogen continue to flow into the Lake from a variety
of sources, including land erosion, fertilizers, air
pollution, urban runoff, highway drainage, streamside
erosion, land disturbance, and ground water flow;
[(6) methyl tertiary butyl ether--
[(A) has contaminated and closed more than
one-third of the wells in South Tahoe; and
[(B) is advancing on the Lake at a rate of
approximately 9 feet per day;
[(7) destruction of wetlands, wet meadows, and stream
zone habitat has compromised the Lake's ability to
cleanse itself of pollutants;
[(8) approximately 40 percent of the trees in the
Lake Tahoe basin are either dead or dying, and the
increased quantity of combustible forest fuels has
significantly increased the risk of catastrophic forest
fire in the Lake Tahoe basin;
[(9) as the largest land manager in the Lake Tahoe
basin, with 77 percent of the land, the Federal
Government has a unique responsibility for restoring
environmental health to Lake Tahoe;
[(10) the Federal Government has a long history of
environmental preservation at Lake Tahoe, including--
[(A) congressional consent to the
establishment of the Tahoe Regional Planning
Agency in 1969 (Public Law 91-148; 83 Stat.
360) and in 1980 (Public Law 96-551; 94 Stat.
3233);
[(B) the establishment of the Lake Tahoe
Basin Management Unit in 1973; and
[(C) the enactment of Public Law 96-586 (94
Stat. 3381) in 1980 to provide for the
acquisition of environmentally sensitive land
and erosion control grants;
[(11) the President renewed the Federal Government's
commitment to Lake Tahoe in 1997 at the Lake Tahoe
Presidential Forum, when he committed to increased
Federal resources for environmental restoration at Lake
Tahoe and established the Federal Interagency
Partnership and Federal Advisory Committee to consult
on natural resources issues concerning the Lake Tahoe
basin;
[(12) the States of California and Nevada have
contributed proportionally to the effort to protect and
restore Lake Tahoe, including--
[(A) expenditures--
[(i) exceeding 200,000,000 by the
State of California since 1980 for land
acquisition, erosion control, and other
environmental projects in the Lake
Tahoe basin; and
[(ii) exceeding $30,000,000 by the
State of Nevada since 1980 for the
purposes described in clause (i); and
[(B) the approval of a bond issue by voters
in the State of Nevada authorizing the
expenditure by the State of an additional
$20,000,000; and
[(13) significant additional investment from Federal,
State, local, and private sources is needed to stop the
damage to Lake Tahoe and its forests, and restore the
Lake Tahoe basin to ecological health.
[(b) Purposes.--The purposes of this Act are--
[(1) to enable the Forest Service to plan and
implement significant new environmental restoration
activities and forest management activities to address
the phenomena described in paragraphs (4) through (8)
of subsection (a) in the Lake Tahoe basin;
[(2) to ensure that Federal, State, local, regional,
tribal, and private entities continue to work together
to improve water quality and manage Federal land in the
Lake Tahoe Basin Management Unit; and
[(3) to provide funding to local governments for
erosion and sediment control projects on non-Federal
land if the projects benefit the Federal land.]
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) Lake Tahoe--
(A) is one of the largest, deepest, and
clearest lakes in the world;
(B) has a cobalt blue color, a biologically
diverse alpine setting, and remarkable water
clarity; and
(C) is recognized nationally and worldwide as
a natural resource of special significance;
(2) in addition to being a scenic and ecological
treasure, the Lake Tahoe Basin is one of the
outstanding recreational resources of the United
States, which--
(A) offers skiing, water sports, biking,
camping, and hiking to millions of visitors
each year; and
(B) contributes significantly to the
economies of California, Nevada, and the United
States;
(3) the economy in the Lake Tahoe Basin is dependent
on the conservation and restoration of the natural
beauty and recreation opportunities in the area;
(4) the ecological health of the Lake Tahoe Basin
continues to be challenged by the impacts of land use
and transportation patterns developed in the last
century;
(5) the alteration of wetland, wet meadows, and
stream zone habitat have compromised the capacity of
the watershed to filter sediment, nutrients, and
pollutants before reaching Lake Tahoe;
(6) forests in the Lake Tahoe Basin suffer from over
a century of fire damage and periodic drought, which
have resulted in--
(A) high tree density and mortality;
(B) the loss of biological diversity; and
(C) a large quantity of combustible forest
fuels, which significantly increases the threat
of catastrophic fire and insect infestation;
(7) the establishment of several aquatic and
terrestrial invasive species (including perennial
pepperweed, milfoil, and Asian clam) threatens the
ecosystem of the Lake Tahoe Basin;
(8) there is an ongoing threat to the economy and
ecosystem of the Lake Tahoe Basin of the introduction
and establishment of other invasive species (such as
yellow starthistle, New Zealand mud snail, Zebra
mussel, and quagga mussel);
(9) 78 percent of the land in the Lake Tahoe Basin is
administered by the Federal Government, which makes it
a Federal responsibility to restore ecological health
to the Lake Tahoe Basin;
(10) the Federal Government has a long history of
environmental stewardship at Lake Tahoe, including--
(A) congressional consent to the
establishment of the Planning Agency with--
(i) the enactment in 1969 of Public
Law 91-148 (83 Stat. 360); and
(ii) the enactment in 1980 of Public
Law 96-551 (94 Stat. 3233);
(B) the establishment of the Lake Tahoe Basin
Management Unit in 1973;
(C) the enactment of Public Law 96-586 (94
Stat. 3381) in 1980 to provide for the
acquisition of environmentally sensitive land
and erosion control grants in the Lake Tahoe
Basin;
(D) the enactment of sections 341 and 342 of
the Department of the Interior and Related
Agencies Appropriations Act, 2004 (Public Law
108-108; 117 Stat. 1317), which amended the
Southern Nevada Public Land Management Act of
1998 (Public Law 105-263; 112 Stat. 2346) to
provide payments for the environmental
restoration programs under this Act; and
(E) the enactment of section 382 of the Tax
Relief and Health Care Act of 2006 (Public Law
109-432; 120 Stat. 3045), which amended the
Southern Nevada Public Land Management Act of
1998 (Public Law 105-263; 112 Stat. 2346) to
authorize development and implementation of a
comprehensive 10-year hazardous fuels and fire
prevention plan for the Lake Tahoe Basin;
(11) the Assistant Secretary was an original
signatory in 1997 to the Agreement of Federal
Departments on Protection of the Environment and
Economic Health of the Lake Tahoe Basin;
(12) the Chief of Engineers, under direction from the
Assistant Secretary, has continued to be a significant
contributor to Lake Tahoe Basin restoration,
including--
(A) stream and wetland restoration; and
(B) programmatic technical assistance;
(13) at the Lake Tahoe Presidential Forum in 1997,
the President renewed the commitment of the Federal
Government to Lake Tahoe by--
(A) committing to increased Federal resources
for ecological restoration at Lake Tahoe; and
(B) establishing the Federal Interagency
Partnership and Federal Advisory Committee to
consult on natural resources issues concerning
the Lake Tahoe Basin;
(14) at the 2011 and 2012 Lake Tahoe Forums, Senator
Reid, Senator Feinstein, Senator Heller, Senator
Ensign, Governor Gibbons, Governor Sandoval, and
Governor Brown--
(A) renewed their commitment to Lake Tahoe;
and
(B) expressed their desire to fund the
Federal and State shares of the Environmental
Improvement Program through 2022;
(15) since 1997, the Federal Government, the States
of California and Nevada, units of local government,
and the private sector have contributed more than
$1,740,000,000 to the Lake Tahoe Basin, including--
(A) $576,300,000 from the Federal Government;
(B) $654,600,000 from the State of
California;
(C) $112,500,000 from the State of Nevada;
(D) $74,900,000 from units of local
government; and
(E) $323,700,000 from private interests;
(16) significant additional investment from Federal,
State, local, and private sources is necessary--
(A) to restore and sustain the ecological
health of the Lake Tahoe Basin;
(B) to adapt to the impacts of fluctuating
water temperature and precipitation; and
(C) to prevent the introduction and
establishment of invasive species in the Lake
Tahoe Basin; and
(17) the Secretary has indicated that the Lake Tahoe
Basin Management Unit has the capacity for at least
$10,000,000 annually for the Fire Risk Reduction and
Forest Management Program.
(b) Purposes.--The purposes of this Act are--
(1) to enable the Chief of the Forest Service, the
Director of the United States Fish and Wildlife
Service, and the Administrator, in cooperation with the
Planning Agency and the States of California and
Nevada, to fund, plan, and implement significant new
environmental restoration activities and forest
management activities in the Lake Tahoe Basin;
(2) to ensure that Federal, State, local, regional,
tribal, and private entities continue to work together
to manage land in the Lake Tahoe Basin;
(3) to support local governments in efforts related
to environmental restoration, stormwater pollution
control, fire risk reduction, and forest management
activities; and
(4) to ensure that agency and science community
representatives in the Lake Tahoe Basin work together--
(A) to develop and implement a plan for
integrated monitoring, assessment, and applied
research to evaluate the effectiveness of the
Environmental Improvement Program; and
(B) to provide objective information as a
basis for ongoing decisionmaking, with an
emphasis on decisionmaking relating to resource
management in the Lake Tahoe Basin.
* * * * * * *
[SEC. 3. DEFINITIONS.
In this Act:
[(1) Environmental threshold carrying capacity.--The
term ``environmental threshold carrying capacity'' has
the meaning given the term in article II of the Tahoe
Regional Planning Compact set forth in the first
section of Public Law 96-551 (94 Stat. 3235).
[(2) Fire risk reduction activity.--
[(A) In general.--The term ``fire risk
reduction activity'' means an activity that is
necessary to reduce the risk of wildfire to
promote forest management and simultaneously
achieve and maintain the environmental
threshold carrying capacities established by
the Planning Agency in a manner consistent,
where applicable, with chapter 71 of the Tahoe
Regional Planning Agency Code of Ordinances.
[(B) Included activities.--The term ``fire
risk reduction activity'' includes--
[(i) prescribed burning;
[(ii) mechanical treatment;
[(iii) road obliteration or
reconstruction; and
[(iv) such other activities
consistent with Forest Service
practices as the Secretary determines
to be appropriate.
[(3) Planning agency.--The term ``Planning Agency''
means the Tahoe Regional Planning Agency established
under Public Law 91-148 (83 Stat. 360) and Public Law
96-551 (94 Stat. 3233).
[(4) Priority list.--The term ``priority list'' means
the environmental restoration priority list developed
under section 6.
[(5) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture, acting through the Chief of
the Forest Service.]
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term `Administrator' means
the Administrator of the Environmental Protection
Agency.
(2) Assistant secretary.--The term `Assistant
Secretary' means the Assistant Secretary of the Army
for Civil Works.
(3) Chair.--The term `Chair' means the Chair of the
Federal Partnership.
(4) Compact.--The term `Compact' means the Tahoe
Regional Planning Compact included in the first section
of Public Law 96-551 (94 Stat. 3233).
(5) Directors.--The term `Directors' means--
(A) the Director of the United States Fish
and Wildlife Service; and
(B) the Director of the United States
Geological Survey.
(6) Environmental improvement program.--The term
`Environmental Improvement Program' means--
(A) the Environmental Improvement Program
adopted by the Planning Agency; and
(B) any amendments to the Program.
(7) Environmental threshold carrying capacity.--The
term `environmental threshold carrying capacity' has
the meaning given the term in Article II of the
Compact.
(8) Federal partnership.--The term `Federal
Partnership' means the Lake Tahoe Federal Interagency
Partnership established by Executive Order 13057 (62
Fed. Reg. 41249) (or a successor Executive order).
(9) Forest management activity.--The term `forest
management activity' includes--
(A) prescribed burning for ecosystem health
and hazardous fuels reduction;
(B) mechanical and minimum tool treatment;
(C) stream environment zone restoration and
other watershed and wildlife habitat
enhancements;
(D) nonnative invasive species management;
and
(E) other activities consistent with Forest
Service practices, as the Secretary determines
to be appropriate.
(10) Maps.--The term `Maps' means the maps--
(A) entitled--
(i) `LTRA USFS-CA Land Exchange/North
Shore';
(ii) `USFS-CA Land Exchange/West
Shore'; and
(iii) `USFS-CA Land Exchange/South
Shore'; and
(B) dated April 12, 2013, and on file and
available for public inspection in the
appropriate offices of--
(i) the Forest Service;
(ii) the California Tahoe
Conservancy; and
(iii) the California Department of
Parks and Recreation.
(11) National wildland fire code.--The term `national
wildland fire code' means--
(A) the most recent publication of the
National Fire Protection Association codes
numbered 1141, 1142, 1143, and 1144;
(B) the most recent publication of the
International Wildland-Urban Interface Code of
the International Code Council; or
(C) any other code that the Secretary
determines provides the same, or better,
standards for protection against wildland fire
as a code described in subparagraph (A) or (B).
(12) Planning agency.--The term `Planning Agency'
means the Tahoe Regional Planning Agency established
under Public Law 91-148 (83 Stat. 360) and Public Law
96-551 (94 Stat. 3233).
(13) Priority list.--The term `Priority List' means
the environmental restoration priority list developed
under section 5(b).
(14) Secretary.--The term `Secretary' means the
Secretary of Agriculture, acting through the Chief of
the Forest Service.
(15) Stream environment zone.--The term `Stream
Environment Zone' means an area that generally owes the
biological and physical characteristics of the area to
the presence of surface water or groundwater.
(16) Total maximum daily load.--The term `total
maximum daily load' means the total maximum daily load
allocations adopted under section 303(d) of the Federal
Water Pollution Control Act (33 U.S.C. 1313(d)).
(17) Watercraft.--The term `watercraft' means
motorized and non-motorized watercraft, including
boats, seaplanes, personal watercraft, kayaks, and
canoes.
SEC. 4. ADMINISTRATION OF THE LAKE TAHOE BASIN MANAGEMENT UNIT.
(a) In General.--The Lake Tahoe Basin Management Unit shall
be administered by the Secretary in accordance with this Act
and the laws applicable to the National Forest System.
(b) Relationship to Other Authority.--
(1) Private or non-federal land.--Nothing in this Act
grants regulatory authority to the Secretary over
private or other non-Federal land.
(2) Planning agency.--Nothing in this Act affects or
increases the authority of the Planning Agency.
(3) Acquisition under other law.--Nothing in this Act
affects the authority of the Secretary to acquire land
from willing sellers in the Lake Tahoe [basin] Basin
under any other law.
(c) Forest Management Activities.--
(1) Coordination.--
(A) In general.--In conducting forest
management activities in the Lake Tahoe Basin
Management Unit, the Secretary shall, as
appropriate, coordinate with the Administrator
and State and local agencies and organizations,
including local fire departments and volunteer
groups.
(B) Goals.--The coordination of activities
under subparagraph (A) should aim to increase
efficiencies and maximize the compatibility of
management practices across public property
boundaries.
(2) Multiple benefits.--
(A) In general.--In conducting forest
management activities in the Lake Tahoe Basin
Management Unit, the Secretary shall conduct
the activities in a manner that--
(i) except as provided in
subparagraph (B), attains multiple
ecosystem benefits, including--
(I) reducing forest fuels;
(II) maintaining biological
diversity;
(III) improving wetland and
water quality, including in
Stream Environment Zones; and
(IV) increasing resilience to
changing water temperature and
precipitation; and
(ii) helps achieve and maintain the
environmental threshold carrying
capacities established by the Planning
Agency.
(B) Exception.--Notwithstanding subparagraph
(A)(i), the attainment of multiple ecosystem
benefits shall not be required if the Secretary
determines that management for multiple
ecosystem benefits would excessively increase
the cost of a program in relation to the
additional ecosystem benefits gained from the
management activity.
(3) Ground disturbance.--Consistent with applicable
Federal law and Lake Tahoe Basin Management Unit land
and resource management plan direction, the Secretary
shall--
(A) establish post-program ground condition
criteria for ground disturbance caused by
forest management activities; and
(B) provide for monitoring to ascertain the
attainment of the post-program conditions.
(d) Withdrawal of Federal Land.--
(1) In general.--Subject to valid existing rights and
paragraph (2), the Federal land located in the Lake
Tahoe Basin Management Unit is withdrawn from--
(A) all forms of entry, appropriation, or
disposal under the public land laws;
(B) location, entry, and patent under the
mining laws; and
(C) disposition under all laws relating to
mineral and geothermal leasing.
(2) Exceptions.--A conveyance of land shall be exempt
from withdrawal under this subsection if carried out
under--
(A) this Act; or
(B) Public Law 96-586 (94 Stat. 3381)
(commonly known as the `Santini-Burton Act').
(e) Environmental Threshold Carrying Capacity.--The Lake
Tahoe Basin Management Unit shall support the attainment of the
environmental threshold carrying capacities.
(f) Cooperative Authorities.--During the 4 fiscal years
following the date of enactment of the Water Resources
Development Act of 2016, the Secretary, in conjunction with
land adjustment programs, may enter into contracts and
cooperative agreements with States, units of local government,
and other public and private entities to provide for fuel
reduction, erosion control, reforestation, Stream Environment
Zone restoration, and similarmanagement activities on Federal
land and non-Federal land within the programs.
[SEC. 5. CONSULTATION WITH PLANNING AGENCY AND OTHER ENTITIES.
[(a) In General.--With respect to the duties described in
subsection (b), the Secretary shall consult with and seek the
advice and recommendations of--
[(1) the Planning Agency;
[(2) the Tahoe Federal Interagency Partnership
established by Executive Order No. 13057 (62 Fed. Reg.
41249) or a successor Executive order;
[(3) the Lake Tahoe Basin Federal Advisory Committee
established by the Secretary on December 15, 1998 (64
Fed. Reg. 2876) (until the committee is terminated);
[(4) Federal representatives and all political
subdivisions of the Lake Tahoe Basin Management Unit;
and
[(5) the Lake Tahoe Transportation and Water Quality
Coalition.
[(b) Duties.--The Secretary shall consult with and seek
advice and recommendations from the entities described in
subsection (a) with respect to--
[(1) the administration of the Lake Tahoe Basin
Management Unit;
[(2) the development of the priority list;
[(3) the promotion of consistent policies and
strategies to address the Lake Tahoe basin's
environmental and recreational concerns;
[(4) the coordination of the various programs,
projects, and activities relating to the environment
and recreation in the Lake Tahoe basin to avoid
unnecessary duplication and inefficiencies of Federal,
State, local, tribal, and private efforts; and
[(5) the coordination of scientific resources and
data, for the purpose of obtaining the best available
science as a basis for decisionmaking on an ongoing
basis.]
SEC. 5. AUTHORIZED PROGRAMS.
(a) In General.--The Secretary, the Assistant Secretary, the
Directors, and the Administrator, in coordination with the
Planning Agency and the States of California and Nevada, may
carry out or provide financial assistance to any program that--
(1) is described in subsection (d);
(2) is included in the Priority List under subsection
(b); and
(3) furthers the purposes of the Environmental
Improvement Program if the program has been subject to
environmental review and approval, respectively, as
required under Federal law, Article VII of the Compact,
and State law, as applicable.
(b) Priority List.--
(1) Deadline.--Not later than March 15 of the year
after the date of enactment of the Water Resources
Development Act of 2016, the Chair, in consultation
with the Secretary, the Administrator, the Directors,
the Planning Agency, the States of California and
Nevada, the Federal Partnership, the Washoe Tribe, the
Lake Tahoe Federal Advisory Committee, and the Tahoe
Science Consortium (or a successor organization) shall
submit to Congress a prioritized Environmental
Improvement Program list for the Lake Tahoe Basin for
each program category described in subsection (d).
(2) Criteria.--The ranking of the Priority List shall
be based on the best available science and the
following criteria:
(A) The 4-year threshold carrying capacity
evaluation.
(B) The ability to measure progress or
success of the program.
(C) The potential to significantly contribute
to the achievement and maintenance of the
environmental threshold carrying capacities
identified in Article II of the Compact.
(D) The ability of a program to provide
multiple benefits.
(E) The ability of a program to leverage non-
Federal contributions.
(F) Stakeholder support for the program.
(G) The justification of Federal interest.
(H) Agency priority.
(I) Agency capacity.
(J) Cost-effectiveness.
(K) Federal funding history.
(3) Revisions.--The Priority List submitted under
paragraph (1) shall be revised every 2 years.
(4) Funding.--Of the amounts made available under
section 10(a), $80,000,000 shall be made available to
the Secretary to carry out projects listed on the
Priority List.
(c) Restriction.--The Administrator shall use not more than 3
percent of the funds provided under subsection (a) for
administering the programs described in paragraphs (1) and (2)
of subsection (d).
(d) Description of Activities.--
(1) Fire risk reduction and forest management.--
(A) In general.--Of the amounts made
available under section 10(a), $150,000,000
shall be made available to the Secretary to
carry out, including by making grants, the
following programs:
(i) Programs identified as part of
the Lake Tahoe Basin Multi-
Jurisdictional Fuel Reduction and
Wildfire Prevention Strategy 10-Year
Plan.
(ii) Competitive grants for fuels
work to be awarded by the Secretary to
communities that have adopted national
wildland fire codes to implement the
applicable portion of the 10-year plan
described in clause (i).
(iii) Biomass programs, including
feasibility assessments.
(iv) Angora Fire Restoration under
the jurisdiction of the Secretary.
(v) Washoe Tribe programs on tribal
lands within the Lake Tahoe Basin.
(vi) Development of an updated Lake
Tahoe Basin multijurisdictional fuel
reduction and wildfire prevention
strategy, consistent with section 4(c).
(vii) Development of updated
community wildfire protection plans by
local fire districts.
(viii) Municipal water infrastructure
that significantly improves the
firefighting capability of local
government within the Lake Tahoe Basin.
(ix) Stewardship end result
contracting projects carried out under
section 604 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C.
6591c).
(B) Minimum allocation.--Of the amounts made
available to the Secretary to carry out
subparagraph (A), at least $100,000,000 shall
be used by the Secretary for programs under
subparagraph (A)(i).
(C) Priority.--Units of local government that
have dedicated funding for inspections and
enforcement of defensible space regulations
shall be given priority for amounts provided
under this paragraph.
(D) Cost-sharing requirements.--
(i) In general.--As a condition on
the receipt of funds, communities or
local fire districts that receive funds
under this paragraph shall provide a
25-percent match.
(ii) Form of non-federal share.--
(I) In general.--The non-
Federal share required under
clause (i) may be in the form
of cash contributions or in-
kind contributions, including
providing labor, equipment,
supplies, space, and other
operational needs.
(II) Credit for certain
dedicated funding.--There shall
be credited toward the non-
Federal share required under
clause (i) any dedicated
funding of the communities or
local fire districts for a
fuels reduction management
program, defensible space
inspections, or dooryard
chipping.
(III) Documentation.--
Communities and local fire
districts shall--
(aa) maintain a
record of in-kind
contributions that
describes--
(AA) the
monetary value
of the in-kind
contributions;
and
(BB) the
manner in which
the in-kind
contributions
assist in
accomplishing
program goals
and objectives;
and
(bb) document in all
requests for Federal
funding, and include in
the total program
budget, evidence of the
commitment to provide
the non-Federal share
through in-kind
contributions.
(2) Invasive species management.--
(A) In general.--Of the amounts made
available under section 10(a), $45,000,000
shall be made available to the Director of the
United States Fish and Wildlife Service for the
Aquatic Invasive Species Program and the
watercraft inspections described in
subparagraph (B).
(B) Description of activities.--The Director
of the United States Fish and Wildlife Service,
in coordination with the Assistant Secretary,
the Planning Agency, the California Department
of Fish and Wildlife, and the Nevada Department
of Wildlife, shall deploy strategies consistent
with the Lake Tahoe Aquatic Invasive Species
Management Plan to prevent the introduction or
spread of aquatic invasive species in the Lake
Tahoe region.
(C) Criteria.--The strategies referred to in
subparagraph (B) shall provide that--
(i) combined inspection and
decontamination stations be established
and operated at not less than 2
locations in the Lake Tahoe region; and
(ii) watercraft not be allowed to
launch in waters of the Lake Tahoe
region if the watercraft has not been
inspected in accordance with the Lake
Tahoe Aquatic Invasive Species
Management Plan.
(D) Certification.--The Planning Agency may
certify State and local agencies to perform the
decontamination activities described in
subparagraph (C)(i) at locations outside the
Lake Tahoe Basin if standards at the sites meet
or exceed standards for similar sites in the
Lake Tahoe Basin established under this
paragraph.
(E) Applicability.--The strategies and
criteria developed under this paragraph shall
apply to all watercraft to be launched on water
within the Lake Tahoe region.
(F) Fees.--The Director of the United States
Fish and Wildlife Service may collect and spend
fees for decontamination only at a level
sufficient to cover the costs of operation of
inspection and decontamination stations under
this paragraph.
(G) Civil penalties.--
(i) In general.--Any person that
launches, attempts to launch, or
facilitates launching of watercraft not
in compliance with strategies deployed
under this paragraph shall be liable
for a civil penalty in an amount not to
exceed $1,000 per violation.
(ii) Other authorities.--Any
penalties assessed under this
subparagraph shall be separate from
penalties assessed under any other
authority.
(H) Limitation.--The strategies and criteria
under subparagraphs (B) and (C), respectively,
may be modified if the Secretary of the
Interior, in a nondelegable capacity and in
consultation with the Planning Agency and State
governments, issues a determination that
alternative measures will be no less effective
at preventing introduction of aquatic invasive
species into Lake Tahoe than the strategies and
criteria developed under subparagraphs (B) and
(C), respectively.
(I) Supplemental authority.--The authority
under this paragraph is supplemental to all
actions taken by non-Federal regulatory
authorities.
(J) Savings clause.--Nothing in this title
restricts, affects, or amends any other law or
the authority of any department,
instrumentality, or agency of the United
States, or any State or political subdivision
thereof, respecting the control of invasive
species.
(3) Stormwater management, erosion control, and total
watershed restoration.--Of the amounts made available
under section 10(a), $113,000,000 shall be made
available--
(A) to the Secretary, the Secretary of the
Interior, the Assistant Secretary, or the
Administrator for the Federal share of
stormwater management and related programs
consistent with the adopted Total Maximum Daily
Load and near-shore water quality goals;
(B) for grants by the Secretary and the
Administrator to carry out the programs
described in subparagraph (A);
(C) to the Secretary or the Assistant
Secretary for the Federal share of the Upper
Truckee River restoration programs and other
watershed restoration programs identified in
the Priority List established under section
5(b); and
(D) for grants by the Administrator to carry
out the programs described in subparagraph (C).
(4) Special status species management.--Of the
amounts made available under section 10(a), $20,000,000
shall be made available to the Director of the United
States Fish and Wildlife Service for the Lahontan
Cutthroat Trout Recovery Program.
[SEC. 6. ENVIRONMENTAL RESTORATION PRIORITY LIST.
[(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall develop a priority
list of potential or proposed environmental restoration
projects for the Lake Tahoe Basin Management Unit.
[(b) Development of Priority List.--In developing the
priority list, the Secretary shall--
[(1) use the best available science, including any
relevant findings and recommendations of the watershed
assessment conducted by the Forest Service in the Lake
Tahoe basin; and
[(2) include, in order of priority, potential or
proposed environmental restoration projects in the Lake
Tahoe basin that--
[(A) are included in or are consistent with
the environmental improvement program adopted
by the Planning Agency in February 1998 and
amendments to the program;
[(B) would help to achieve and maintain the
environmental threshold carrying capacities
for--
[(i) air quality;
[(ii) fisheries;
[(iii) noise;
[(iv) recreation;
[(v) scenic resources;
[(vi) soil conservation;
[(vii) forest health;
[(viii) water quality; and
[(ix) wildlife.
[(c) Focus in Determining Order of Priority.--In determining
the order of priority of potential and proposed environmental
restoration projects under subsection (b)(2), the focus shall
address projects (listed in no particular order) involving--
[(1) erosion and sediment control, including the
activities described in section 2(g) of Public Law 96-
586 (94 Stat. 3381) (as amended by section 7 of this
Act);
[(2) the acquisition of environmentally sensitive
land from willing sellers--
[(A) using funds appropriated from the land
and water conservation fund established under
section 2 of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-5); or
[(B) under the authority of Public Law 96-586
(94 Stat. 3381);
[(3) fire risk reduction activities in urban areas
and urban-wildland interface areas, including high
recreational use areas and urban lots acquired from
willing sellers under the authority of Public Law 96-
586 (94 Stat. 3381);
[(4) cleaning up methyl tertiary butyl ether
contamination; and
[(5) the management of vehicular parking and traffic
in the Lake Tahoe Basin Management Unit, especially--
[(A) improvement of public access to the Lake
Tahoe basin, including the promotion of
alternatives to the private automobile;
[(B) the Highway 28 and 89 corridors and
parking problems in the area; and
[(C) cooperation with local public
transportation systems, including--
[(i) the Coordinated Transit System;
and
[(ii) public transit systems on the
north shore of Lake Tahoe.
[(d) Monitoring.--The Secretary shall provide for continuous
scientific research on and monitoring of the implementation of
projects on the priority list, including the status of the
achievement and maintenance of environmental threshold carrying
capacities.
[(e) Consistency With Memorandum of Understanding.--A project
on the priority list shall be conducted in accordance with the
memorandum of understanding signed by the Forest Supervisor and
the Planning Agency on November 10, 1989, including any
amendments to the memorandum as long as the memorandum remains
in effect.
[(f)) Review of Priority List.--Periodically, but not less
often than every 3 years, the Secretary shall--
[(1) review the priority list;
[(2) consult with--
[(A) the Tahoe Regional Planning Agency;
[(B) interested political subdivisions; and
[(C) the Lake Tahoe Water Quality and
Transportation Coalition;
[(3) make any necessary changes with respect to--
[(A) the findings of scientific research and
monitoring in the Lake Tahoe basin;
[(B) any change in an environmental threshold
as determined by the Planning Agency; and
[(C) any change in general environmental
conditions in the Lake Tahoe basin; and
[(4) submit to Congress a report on any changes made.
[(g) Cleanup of Hydrocarbon Contamination.--
[(1) In general.-- The Secretary shall, subject to
the availability of appropriations, make a payment of
1,000,000 to the Tahoe Regional Planning Agency and the
South Tahoe Public Utility District to develop and
publish a plan, not later than 1 year after the date of
the enactment of this Act, for the prevention and
cleanup of hydrocarbon contamination (including
contamination with MTBE) of the surface water and
ground water of the Lake Tahoe basin.
[(2) Consultation.--In developing the plan, the Tahoe
Regional Planning Agency and the South Tahoe Public
Utility District shall consult with the States of
California and Nevada and appropriate political
subdivisions.
[(3) Willing sellers.--The plan shall not include any
acquisition of land or an interest in land except an
acquisition from a willing seller.
[(h) Authorization of Appropriations.--There is authorized to
be appropriated, for the implementation of projects on the
priority list and the payment identified in subsection (g),
$20,000,000 for the first fiscal year that begins after the
date of the enactment of this Act and for each of the 9 fiscal
years thereafter.]
SEC. 6. PROGRAM PERFORMANCE AND ACCOUNTABILITY.
(a) Program Performance and Accountability.--
(1) In general.--Of the amounts made available under
section 10(a), not less than $5,000,000 shall be made
available to the Secretary to carry out this section.
(2) Planning agency.--Of the amounts described in
paragraph (1), not less than 50 percent shall be made
available to the Planning Agency to carry out the
program oversight and coordination activities
established under subsection (d).
(b) Consultation.--In carrying out this Act, the Secretary,
the Administrator, and the Directors shall, as appropriate and
in a timely manner, consult with the heads of the Washoe Tribe,
applicable Federal, State, regional, and local governmental
agencies, and the Lake Tahoe Federal Advisory Committee.
(c) Corps of Engineers; Interagency Agreements.--
(1) In general.--The Assistant Secretary may enter
into interagency agreements with non-Federal interests
in the Lake Tahoe Basin to use Lake Tahoe Partnership-
Miscellaneous General Investigations funds to provide
programmatic technical assistance for the Environmental
Improvement Program.
(2) Local cooperation agreements.--
(A) In general.--Before providing technical
assistance under this section, the Assistant
Secretary shall enter into a local cooperation
agreement with a non-Federal interest to
provide for the technical assistance.
(B) Components.--The agreement entered into
under subparagraph (A) shall--
(i) describe the nature of the
technical assistance;
(ii) describe any legal and
institutional structures necessary to
ensure the effective long-term
viability of the end products by the
non-Federal interest; and
(iii) include cost-sharing provisions
in accordance with subparagraph (C).
(C) Federal share.--
(i) In general.--The Federal share of
program costs under each local
cooperation agreement under this
paragraph shall be 65 percent.
(ii) Form.--The Federal share may be
in the form of reimbursements of
program costs.
(iii) Credit.--The non-Federal
interest may receive credit toward the
non-Federal share for the reasonable
costs of related technical activities
completed by the non-Federal interest
before entering into a local
cooperation agreement with the
Assistant Secretary under this
paragraph.
(d) Effectiveness Evaluation and Monitoring.--In carrying out
this Act, the Secretary, the Administrator, and the Directors,
in coordination with the Planning Agency and the States of
California and Nevada, shall--
(1) develop and implement a plan for integrated
monitoring, assessment, and applied research to
evaluate the effectiveness of the Environmental
Improvement Program;
(2) include funds in each program funded under this
section for monitoring and assessment of results at the
program level; and
(3) use the integrated multiagency performance
measures established under this section.
(e) Reporting Requirements.--Not later than March 15 of each
year, the Secretary, in cooperation with the Chair, the
Administrator, the Directors, the Planning Agency, and the
States of California and Nevada, consistent with subsection
(a), shall submit to Congress a report that describes--
(1) the status of all Federal, State, local, and
private programs authorized under this Act, including
to the maximum extent practicable, for programs that
will receive Federal funds under this Act during the
current or subsequent fiscal year--
(A) the program scope;
(B) the budget for the program; and
(C) the justification for the program,
consistent with the criteria established in
section 5(b)(2);
(2) Federal, State, local, and private expenditures
in the preceding fiscal year to implement the
Environmental Improvement Program;
(3) accomplishments in the preceding fiscal year in
implementing this Act in accordance with the
performance measures and other monitoring and
assessment activities; and
(4) public education and outreach efforts undertaken
to implement programs authorized under this Act.
(f) Annual Budget Plan.--As part of the annual budget of the
President, the President shall submit information regarding
each Federal agency involved in the Environmental Improvement
Program (including the Forest Service, the Environmental
Protection Agency, the United States Fish and Wildlife Service,
the United States Geological Survey, and the Corps of
Engineers), including--
(1) an interagency crosscut budget that displays the
proposed budget for use by each Federal agency in
carrying out restoration activities relating to the
Environmental Improvement Program for the following
fiscal year;
(2) a detailed accounting of all amounts received and
obligated by Federal agencies to achieve the goals of
the Environmental Improvement Program during the
preceding fiscal year; and
(3) a description of the Federal role in the
Environmental Improvement Program, including the
specific role of each agency involved in the
restoration of the Lake Tahoe Basin.
* * * * * * *
[SEC. 8. FIRE RISK REDUCTION ACTIVITIES.
[(a) In General.--In conducting fire risk reduction
activities in the Lake Tahoe basin, the Secretary shall, as
appropriate, coordinate with State and local agencies and
organizations, including local fire departments and volunteer
groups.
[(b) Ground Disturbance.--The Secretary shall, to the maximum
extent practicable, minimize any ground disturbances caused by
fire risk reduction activities.
[SEC. 9. AVAILABILITY AND SOURCE OF FUNDS.
[(a) In General.--Funds authorized under this Act and the
amendment made by this Act--
[(1) shall be in addition to any other amounts
available to the Secretary for expenditure in the Lake
Tahoe basin; and
[(2) shall not reduce allocations for other Regions
of the Forest Service.
[(b) Matching Requirement.--Except as provided in subsection
(c), funds for activities under section 6 and section 7 of this
Act shall be available for obligation on a 1-to-1 basis with
funding of restoration activities in the Lake Tahoe basin by
the States of California and Nevada.
[(c) Relocation Costs.--The Secretary shall provide two-
thirds of necessary funding to local utility districts for the
costs of relocating facilities in connection with environmental
restoration projects under section 6 and erosion control
projects under section 2 of Public Law 96-586.]
SEC. [10] 8. AMENDMENT OF PUBLIC LAW 96-586.
Section 3(a) of Public Law 96-586 (94 Stat. 3383) is amended
by adding at the end the following:
``(5) Willing sellers. Land within the Lake Tahoe
Basin Management Unit subject to acquisition under this
section that is owned by a private person shall be
acquired only from a willing seller.''.
SEC. [11] 9. RELATIONSHIP TO OTHER LAWS.
Nothing in this Act exempts the Secretary , Director, or
Administrator from the duty to comply with any applicable
Federal law.
[SEC. [12] 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this Act.]
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this Act $415,000,000 for a period
of 10 fiscal years beginning the first fiscal year after the
date of enactment of the Water Resources Development Act of
2016.
(b) Effect on Other Funds.--Amounts authorized under this
section and any amendments made by this Act--
(1) shall be in addition to any other amounts made
available to the Secretary, the Administrator, or the
Directors for expenditure in the Lake Tahoe Basin; and
(2) shall not reduce allocations for other Regions of
the Forest Service, the Environmental Protection
Agency, or the United States Fish and Wildlife Service.
(c) Cost-Sharing Requirement.--Except as provided in
subsection (d) and section 5(d)(1)(D), funds for activities
carried out under section 5 shall be available for obligation
on a 1-to-1 basis with funding of restoration activities in the
Lake Tahoe Basin by the States of California and Nevada.
(d) Relocation Costs.--Notwithstanding subsection (c), the
Secretary shall provide to local utility districts \2/3\ of the
costs of relocating facilities in connection with--
(1) environmental restoration programs under sections
5 and 6; and
(2) erosion control programs under section 2 of
Public Law 96-586 (94 Stat. 3381).
(e) Signage.--To the maximum extent practicable, a program
provided assistance under this Act shall include appropriate
signage at the program site that--
(1) provides information to the public on--
(A) the amount of Federal funds being
provided to the program; and
(B) this Act; and
(2) displays the visual identity mark of the
Environmental Improvement Program.
* * * * * * *
TAHOE REGIONAL PLANNING COMPACT
[PUBLIC LAW 96-551; 94 Stat. 3240]
(a) It is found and declared that:
(1)* * *
* * * * * * *
ARTICLE V.-PLANNING
* * * * * * *
(c) Within 1 year after the adoption of the environmental
threshold carrying capacities for the region, the agency shall
amend the regional plan so that, at a minimum, the plan and all
of its elements, as implemented through agency ordinances,
rules and regulations, achieves and maintains the adopted
environmental threshold carryingcapacities. Each element of the
plan shall contain implementation provisions and time schedules
for such implementation by ordinance. The planning commission
and governing body shall continuously review and maintain the
regional plan and, in so doing, shall ensure that the regional
plan reflects changing economic conditions and the economic
effect of regulation on commerce. The regional plan shall
consist of a diagram, or diagrams, and text, or texts setting
forth the projects and proposals for implementation of the
regional plan, a description of the needs and goals of the
region and a statement of the policies, standards and elements
of the regional plan. The regional plan shall be a single
enforceable plan and includes all of the following correlated
elements:
* * * * * * *
TITLE 49, UNITED STATES CODE -- TRANSPORTATION
Sec. 5303. Metropolitan transportation planning
(a) Policy.--It is in the national interest--
(1)* * *
* * * * * * *
(r) Bi-State Metropolitan Planning Organization.-
(1) Definition of bi-state mpo region.-In this
subsection, the term "Bi-State Metropolitan Planning
Organization" has the meaning given the term "region"
in subsection (a) of Article II of the Lake Tahoe
Regional Planning Compact (Public Law 96-551; 94 Stat.
3234).
(2) Treatment.-For the purpose of this title, the Bi-
State Metropolitan Planning Organization shall be
treated as-
(A) a metropolitan planning organization;
(B) a transportation management area under
subsection (k); and
(C) an urbanized area, which is comprised of
a population of 145,000 and 25 square miles of
land area in the State of California and a
population of 65,000 and 12 square miles of
land area in the State of Nevada.
* * * * * * *
SANTINI-BURTON ACT
[PUBLIC LAW 96-586--94 Stat. 3384]
SEC. 3. (A) * * *
* * * * * * *
[(b) Lands]
(b) Administration of Acquired Land.--
(1) In general.--Land acquired under this section
shall be administered as a part of the Unit'ed States
Forest System; except 7 that the Secretary of
Agriculture, a.cting through the Chief of 8 the Forest
Service, may, in the case of lands (1) which are 9 not
contiguous to other lands within the National Forest 10
System and (2) which are unsuitable for forest service
administration, transfer such lands or interests
therein to an appropriate unit of State or local
government with appropriate deed restrictions to
protect the environmental quality and public
recreational use of the lands concerned.
(2) California conveyances.--
(A) In general.--If the State of California
(acting through the California Tahoe
Conservancy and the California Department of
Parks and Recreation) offers to donate to the
United States acceptable title to the non-
Federal land described in subparagraph (B)(i),
the Secretary--
(i) may accept the offer; and
(ii) not later than 180 days after
the date on which the Secretary
receives acceptable title to the non-
Federal land described in subparagraph
(B)(i), convey to the State of
California, subject to valid existing
rights and for no consideration, all
right, title, and interest of the
United States in and to the Federal
land that is acceptable to the State of
California.
(B) Description of land.--
(i) Non-federal land.--The non-
Federal land referred to in
subparagraph (A) includes--
(I) the approximately 1,981
acres of land administered by
the California Tahoe
Conservancy and identified on
the Maps as `Conservancy to the
United States Forest Service';
and
(II) the approximately 187
acres of land administered by
California State Parks and
identified on the Maps as
`State Parks to the U.S. Forest
Service'.
(ii) Federal land.--The Federal land
referred to in subparagraph (A)
includes the approximately 1,995 acres
of Forest Service land identified on
the Maps as `U.S. Forest Service to
Conservancy and State Parks'.
(C) Conditions.--Any land conveyed under this
paragraph shall--
(i) be for the purpose of
consolidating Federal and State
ownerships and improving management
efficiencies;
(ii) not result in any significant
changes in the uses of the land; and
(iii) be subject to the condition
that the applicable deed include such
terms, restrictions, covenants,
conditions, and reservations as the
Secretary determines necessary--
(I) to ensure compliance with
this Act; and
(II) to ensure that the
transfer of development rights
associated with the conveyed
parcels shall not be recognized
or available for transfer under
chapter 51 of the Code of
Ordinances for the Tahoe
Regional Planning Agency.
(3) Nevada conveyances.--
(A) In general.--In accordance with this
section and on request by the Governor of
Nevada, the Secretary may transfer the land or
interests in land described in subparagraph (B)
to the State of Nevada without consideration,
subject to appropriate deed restrictions to
protect the environmental quality and public
recreational use of the land transferred.
(B) Description of land.--The land referred
to in subparagraph (A) includes--
(i) the approximately 38.68 acres of
Forest Service land identified on the
map entitled `State of Nevada
Conveyances' as `Van Sickle Unit USFS
Inholding'; and
(ii) the approximately 92.28 acres of
Forest Service land identified on the
map entitled `State of Nevada
Conveyances' as `Lake Tahoe Nevada
State Park USFS Inholding'.
(C) Conditions.--Any land conveyed under this
paragraph shall--
(i) be for the purpose of
consolidating Federal and State
ownerships and improving management
efficiencies;
(ii) not result in any significant
changes in the uses of the land; and
(iii) be subject to the condition
that the applicable deed include such
terms, restrictions, covenants,
conditions, and reservations as the
Secretary determines necessary--
(I) to ensure compliance with
this Act; and
(II) to ensure that the
development rights associated
with the conveyed parcels shall
not be recognized or available
for transfer under section 90.2
of the Code of Ordinances for
the Tahoe Regional Planning
Agency.
(4) Reversion.--If a parcel of land transferred under
paragraph (2) or (3) is used in a manner that is
inconsistent with the use described for the parcel of
land in paragraph (2) or (3), respectively, the parcel
of land, shall, at the discretion of the Secretary,
revert to the United States.
(5) Funding.--
(A) In general.--Of the amounts made
available under section 10(a) of the Lake Tahoe
Restoration Act (Public Law 106-506; 114 Stat.
2351), $2,000,000 shall be made available to
the Secretary to carry out the activities under
paragraphs (2) and (3).
(B) Other funds.--Of the amounts available to
the Secretary under paragraph (1), not less
than 50 percent shall be provided to the
California Tahoe Conservancy to facilitate the
conveyance of land described in paragraphs (2)
and (3).
* * * * * * *
LONG ISLAND SOUND STEWARDSHIP
[33 U.S.C. 1269; PUBLIC LAW 109-359]
SECTION 1. SHORT TITLE.
``This Act may be cited as the 'Long Island Sound
Stewardship Act of 2006'.
* * * * * * *
SEC. 8. LONG ISLAND SOUND STEWARDSHIP ADVISORY COMMITTEE.
(a) Establishment.-There is established a committee to be
known as the 'Long Island Sound Stewardship Advisory
Committee'.
(b) * * *
* * * * * * *
(g) Termination of Advisory Committee.-The Advisory Committee
shall terminate on December 31, [2011] 2021.
(h) Nonapplicability of FACA.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to--
(1) the Advisory Committee; or
(2) any board, committee, or other group established
under this Act.
SEC. 9. REPORTS.
(a) Administrator.-The Administrator shall publish and make
available to the public on the Internet and in paper form-
(1) * * *
* * * * * * *
(b) Advisory Committee.-
(1) Report.-For each of fiscal years 2007 through
[2011] 2021, the Advisory Committee shall submit to the
Administrator and the decisionmaking body of the Long
Island Sound Study Management Conference established
under section 320 of the Federal Water Pollution
Control Act (33 U.S.C. 1330), an annual report that
contains-
* * * * * * *
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
[(a) In General.-There is authorized to be appropriated to
the Administrator $25,000,000 for each of fiscal years 2007
through 2011 to carry out this Act, including for-
[(1) acquisition of land and interests in land;
[(2) development and implementation of site
management plans;
[(3) site enhancements to reduce threats or promote
stewardship; and
[(4) administrative expenses of the Advisory
Committee and the Administrator.]
[(b)] (a) Use of Funds.-Amounts made available to the
Administrator [under this section each] to carry out this Act
for a fiscal year shall be used by the Administrator after
reviewing the recommendations included in the annual reports of
the Advisory Committee under section 9.
[(c)] (b) Authorization of Gifts, Devises, and Bequests for
System.-In furtherance of the purpose of this Act, the
Administrator may accept and use any gift, devise, or bequest
of real or personal property, proceeds therefrom, or interests
therein, to carry out this Act. Such acceptance may be subject
to the terms of any restrictive or affirmative covenant, or
condition of servitude, if such terms are considered by the
Administrator to be in accordance with law and compatible with
the purpose for which acceptance is sought.
[(d)] (c) Limitation on Administrative Costs.-Of the amount
available each fiscal year to carry out this Act, not more than
8 percent may be used for administrative costs."
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