Senate Report 115-294 - AMERICA'S WATER INFRASTRUCTURE ACT OF 2018

[Senate Report 115-294]
[From the U.S. Government Publishing Office]

Calendar No. 425
115th Congress } { Report
SENATE
2d Session } ( 115-294

======================================================================

AMERICA'S WATER INFRASTRUCTURE ACT OF 2018

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July 10, 2018.--Ordered to be printed

_______

Mr. Barrasso, from the Committee on Environment and Public Works,
submitted the following

R E P O R T

[To accompany S. 2800]

[Including cost estimate of the Congressional Budget Office]

The Committee on Environment and Public Works, to which was
referred the bill (S. 2800) to provide for the conservation and
development of water and related resources, to authorize the
Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and
for other purposes, having considered the same, reports
favorably thereon with an amendment in the nature of a
substitute and recommends that the bill, as amended, do pass.

General Statement and Background

America's Water Infrastructure Act of 2018 (AWIA 2018)
primarily addresses the civil works program of the Army Corps
of Engineers (Corps). The bill also authorizes key drinking
water and wastewater infrastructure under the Safe Drinking
Water Act (SDWA) and the Clean Water Act (CWA) that are
administered by the Environmental Protection Agency (EPA). It
also addresses certain water supply and storage programs of the
Bureau of Reclamation (BOR).
In addition to authorizing Corps activities and projects,
the Water Resources Reform and Development Act of 2014, P.L.
113-121 (WRRDA 2014), and the Water Infrastructure Improvements
for the Nation Act of 2016, P.L. 144-322 (WIIN 2016), also
modified programs under the CWA and SDWA. Similarly, in the
115th Congress, the Committee has given considerable attention
to the importance of drinking water and wastewater
infrastructure. AWIA 2018 includes provisions to help alleviate
drinking and wastewater problems posed by outdated water
systems that are not in compliance with current standards, and
to address funding shortfalls faced by municipalities across
the nation, with a focus on assisting small, rural, tribal, and
other disadvantaged communities. AWIA 2018 enables the EPA to
help such localities meet federally imposed water quality
standards; fund critical water infrastructure projects; gain
access to drinking water and wastewater systems; and invest in
research and innovative water technologies for the future.

Committee Overview

The Committee's reported legislation:

CREATES JOBS AND GROWS THE ECONOMY

Cuts bureaucratic red tape and increases
transparency to ensure local communities have greater
control in prioritizing the projects that receive
funding
Sets a goal that the Corps complete
feasibility studies for new projects in 2 years
Eliminates the need for multiple benefit-
cost-ratio assessments from the Corps for a single
project
Mandates that the Corps expeditiously shares
project data with non-Federal partners once the non-
Federal partner takes over a project, and helps the
non-Federal partners obtain needed permits
Maintains navigation routes for commerce and
the movement of goods to keep America competitive in
the global marketplace
Ensures that the Corps maintains the
competitiveness of our coastal and inland ports, and
maintains the navigability of our inland waterways
Invests in the maintenance and construction
of water and wastewater infrastructure
Invests in the development of a strong water
utility workforce
Increases water storage and supply for rural
America
Repairs aging irrigation systems to grow
agricultural based economies
Authorizes or reauthorizes important water
infrastructure programs and projects that benefit the
entire country

IS FISCALLY RESPONSIBLE

Includes $7.5 billion in new
deauthorizations--saving taxpayers' dollars
Holds the Corps financially accountable for
any failures to complete studies and reports called for
in the legislation in a timely manner
Reauthorizes the Water Infrastructure
Finance and Innovation Act (WIFIA) and authorizes the
Securing Required Funding for Water Infrastructure Now
Act (SRF WIN Act) to promote leveraging millions in
non-Federal funds for water projects

PROTECTS LIVES, PROPERTY AND THE ENVIRONMENT

Reduces flooding risks for coastal, inland
and rural communities
Invests in repairing aging drinking water
and wastewater infrastructure
Gives small and rural communities assistance
with their drinking water and wastewater systems
Creates new standards to make water
utilities and water storage more affordable for small
and rural communities
Provides technical assistance to states to
help them comply with EPA regulatory standards

Corps of Engineers Civil Works Program

The Secretary of the Army, acting through the Corps,
implements the civil works program. The Corps studies, designs
and constructs projects for, among other purposes, navigation,
flood damage reduction, beach erosion, shoreline protection,
hydropower, recreation, water supply, and environmental
restoration and protection. Navigation, flood damage reduction
and coastal storm damage reduction and ecosystem restoration
are core missions. In general, water supply, hydropower, and
recreation are project purposes adopted only if a project
already has a primary project purpose such as navigation, flood
control, or ecosystem restoration.
The economic impacts of the civil works program are
considerable. Corps projects help to generate $109.83 billion
in net annual economic benefits and produce $34.16 billion in
revenue to the U.S. Treasury. The United States derives nearly
one-third of its Gross Domestic Product from international
trade, and 99 percent of that trade passes through the nation's
ports. The United States' economy relies on port related
activities to handle its imports and exports. The Corps
operates or maintains 13,000 miles of commercial deep draft
ship channels and 12,000 miles of commercial inland waterways,
which serve a combined 41 states and transports much of the
cargo moved by waterways.
The U.S. maritime transportation industry supports $2
trillion in commerce through our ports, from and to every
corner of America and the world. In addition, $321 billion in
Federal, state, and local tax revenue is generated by our ports
each year. The maritime transport industry creates employment
for over 13 million people, and business revenue related to
ports is $4.5 trillion. Port-related jobs total 23.2 million
and salaries and wages from those jobs total nearly $1.2
trillion. Nearly $2 billion is spent in contracts to small
businesses for dredging related activities. Of the 40 companies
that dredge for the Corps, 28 are small businesses (fiscal year
2017).
According to the Corps, there were 311 flood risk
management projects under construction in fiscal year 2017. The
agency manages 14,700 miles of levees and 715 dams at 556
projects. Nationwide, the benefits-to-cost ratio (BCR) for
flood protection projects is over eight to one. Average annual
flood damage prevented through the Corps mission is estimated
at $87.3 billion between fiscal years 2008 through 2017.
Damages approximating $249 billion were prevented in fiscal
year 2017 alone. Over the course of the last century, when
adjusted for inflation, every dollar invested in flood risk
management by the Corps has translated into $9.96 worth of
prevented damages.
The Corps has 136 multipurpose reservoirs with water supply
storage in 25 states across the nation. These reservoir
projects are authorized to hold 9.8 million acre-feet of
municipal and industrial water supply storage and provide
approximately $7 billion in economic benefits at a national
level. In addition, the projects with hydropower produce 25
percent of the nation's hydropower (3 percent of total U.S.
electric capacity). BOR also plays a substantial role in
providing water supply for western states that is critical to
the livelihoods of both farmers and ranchers. To illustrate,
the agency operates 388 reservoirs with a total storage
capacity of 140 million acre-feet, and provides one out of five
western farmers with irrigation for 10 million farmland acres.
That land produces 60 percent of the nation's vegetables and
one quarter of its fresh fruit and nut crops.
The committee held several hearings on infrastructure that
were instrumental in the development of this bill:
February 8, 2017, hearing entitled
``Oversight: Modernizing our Nation's Infrastructure''
May 3, 2017, hearing entitled
``Infrastructure Project Streamlining and Efficiency:
Achieving Faster, Better, and Cheaper Results''
May 16, 2017, subcommittee hearing entitled
``Leveraging Federal Funding: Innovative Solutions for
Infrastructure''
January 10, 2018, hearing entitled
``America's Water Infrastructure Needs and Challenges''
January 17, 2018, hearing entitled
``America's Water Infrastructure Needs and Challenges:
Federal panel''
March 1, 2018, hearing entitled ``The
Administration's Framework for Rebuilding
Infrastructure in America''
May 9, 2018, hearing entitled ``S. 2800,
America's Water Infrastructure Act of 2018''
May 17, 2018, hearing entitled ``S. 2800,
America's Water Infrastructure Act of 2018''
The Committee heard from water resources infrastructure
stakeholders and federal witnesses concerning the need to
improve and maintain our nation's water infrastructure, and
ways to keep that infrastructure operational. The Committee
also heard about the economic benefits the nation derives from
water resources infrastructure, as well as the jobs created
when the Federal government invests in that infrastructure.

Implementing the Reforms Contained in WRRDA 2014 and WIIN 2016

WRRDA 2014 enacted a new process for authorizing water
resources development projects, project modifications, and
studies. Under Section 7001 of that legislation, Congress
directed the Secretary of the Army to submit an annual report
to the Senate Committee on Environment and Public Works and the
House Committee on Transportation and Infrastructure
recommending potential studies and projects for authorization.
To implement this process, AWIA 2018 authorizes nine new
feasibility studies and modifications approved by the Secretary
for submission to Congress under section 7001 of WRRDA 2014, as
well as six new projects and three project modifications
recommended by the Chief of Engineers and Director of Civil
Works.
WRRDA 2014 included important reforms to increase
flexibility for non-Federal sponsors of Corps projects and
accelerate project delivery; however, not all of those reforms
have been implemented. In past bills, the Committee has been
concerned about the Corps' failure to reach out to interested
stakeholders regarding implementation guidance. This concern
remains and to address it, AWIA 2018 includes a provision that
requires the Corps to provide an opportunity for public comment
on the proposed implementation guidance and to consider the
comments.
WIIN 2016 was enacted on December 16, 2016. It built on the
reforms of WRRDA 2014, providing additional flexibility for
non-Federal sponsors of Corps projects, and enhancing such
sponsors' ability to leverage Federal investments. WIIN 2016
also authorized assistance for communities facing drinking
water emergencies, such as the City of Flint, Michigan. WIIN
2016 addressed significant tribal and natural resource issues,
such as the repair, replacement and maintenance of Indian
irrigation projects, the repayment of water supply contracts,
water rights settlements, and drought relief for California and
the western United States.
AWIA 2018 builds on the reforms contained in WRRDA 2014 and
WIIN 2016 that were designed to improve the Corps' execution of
projects and programs and assure the agency adheres to existing
environmental laws and regulations. During the development of
S. 2800, the Committee identified multiple provisions of law,
dating back to the Water Resources Development Act of 1986,
P.L. 99-662 (WRDA 1986), which have yet to be implemented by
the Corps. Accordingly, S. 2800 includes provisions that
require timely issuance of implementation guidance for these
provisions.
The Committee intends that the Corps' issuance of
implementation guidance should be more than just ``checking a
box,'' rather, it should actually lead to implementation of the
provision. Further, the Committee believes that the Corps too
frequently cites the lack of specific appropriations or other
barriers as excuses for non-implementation, or considers the
publishing of implementation guidance to be the final goal. The
Committee also believes that the Corps should fully execute the
provisions of law enacted by Congress.

Corps of Engineers Civil Works Program Transparency and Predictability

Given the importance of Corps' programs and projects, the
Committee places a high priority on enactment of a WRDA bill
every two years. A biennial authorization process is also
important to the non-Federal stakeholders who rely on the
predictability of WRDAs for the timely authorization of Chief's
Reports and necessary project modifications. S. 2800 meets that
objective. Additionally, this bill reforms the Corps' budgeting
process by requiring the development of five-year budget plans
within a transparent public process. This further enhances
needed visibility and predictability for Corps' stakeholders
and partners.

Risk Informed Decision Making

The Committee encourages the Corps to develop and leverage
risk-informed decision methodologies for project
implementation. However, that risk-informed decision-making
should not lengthen the project process, or increase project
time or cost. Project decision-making and implementation
timelines should be accelerated to the extent practicable
without violating existing law.

Finding Solutions to Today's Water Resource Management Challenges

In situations where the Corps is unable to move forward
with project implementation in a timely manner due to budget
constraints, or if a non-Corps solution is the best way to
achieve desired outcomes, the Committee expects the Corps to
develop the best solutions with other Federal and non-Federal
entities. The best solution could be an innovative delivery
model, or it may not be a Corps-driven solution at all.
The Committee expects the Corps to aid its partners,
stakeholders and other relevant executive branch agencies in
identifying the best solution to a problem. Such a solution
should be identified regardless of whether it is a Corps-
centric one or a problem better resolved by other Federal,
state, local or private interests, or combination thereof.

Water Supply and Storage

Many states, particularly throughout the West, depend on
both sufficient and reliable water supplies in order to sustain
their livelihoods through farming and ranching. In a May 9,
2018, hearing entitled ``Legislative Hearing on S. 2800,
America's Water Infrastructure Act of 2018,'' the Committee
heard from witnesses about how vital the removal of chronic
sediment buildup behind dams and in reservoirs is to increased
storage capacity. In fact, the Committee received testimony
that some reservoirs are currently 50 percent full of silt.
This is not a problem in the West alone. At a May 17, 2018,
hearing entitled ``Legislative Hearing on S. 2800, America's
Water Infrastructure Act: Federal panel,'' the Assistant
Secretary of the Army for Civil Works acknowledged that other
parts of the country are also afflicted by sedimentation
through the resulting loss of valuable flood control capacity,
thus helping to demonstrate the national scope of the problem.
AWIA 2018 addresses this problem by increasing water supply
in existing reservoirs through the development of programs and
sediment management plans for reservoirs, including through
partnerships between the Corps and BOR.

Clean Water Act and Safe Drinking Water Act Programs

The CWA establishes a framework for protecting water
quality based on a comprehensive state-Federal program to
control the discharges of pollutants into waterways. It also
provides Federal financial assistance to local drinking and
wastewater systems to improve water quality and comply with the
Act's requirements. The nation's wastewater infrastructure
includes 21,000 publicly owned wastewater treatment plants, an
estimated 100,000 major pumping stations, 600,000 miles of
sanitary sewers, and 200,000 miles of storm sewers. The CWA
aims to bring communities into compliance with secondary
treatment standards for the discharge of sewage. This objective
was supported by Federal grants totaling over $60 billion
between 1973 and 1987.
In 1987, Congress amended the CWA to shift the mechanism
for providing 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 (SRF). 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 2017, Congress has provided over $40
billion in capitalization grants for the state Clean Water
State Revolving Funds (CW SRFs), including $1.394 billion in
fiscal year 2017. States provide an additional 20 percent in
matching funds.
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. There are approximately
70,000 such water systems nationwide.
In 1996, to help communities meet the health-based
requirements of the SDWA, that statute was amended to add a
state revolving loan fund program, the Drinking Water State
Revolving Funds (DW SRFs). Like the CW SRFs, the DW 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 2017, Congress has provided more than
$20 billion in capitalization grants for the DW SRFs, including
$863 million in fiscal year 2017. States provide an additional
20 percent in matching funds. These SRFs help states meet the
growing need for investments in water and wastewater
infrastructure. AWIA 2018 encourages robust funding of the
SRFs.
EPA published its sixth national assessment, Drinking Water
Infrastructure Needs Survey, in March 2018. It estimated that
the nation's drinking water utilities require $472.6 billion in
infrastructure investments and $271 billion in wastewater needs
over the next 20 years in order to ensure public health,
security and the economic well-being of our cities, towns and
communities. According to the EPA Assessment, the national
drinking water need includes $74.4 billion for small systems
(serving 3,300 or fewer people), $210 billion for medium water
systems (serving 3,301 to 100,000) and $174.4 billion for large
water systems (serving over 100,000). The needs of water
systems serving Indian, Alaskan Native Village, and not-for-
profit water systems totals around $8.9 billion.
With respect to sewer infrastructure, many areas face
financial challenges when trying to address combined sewer
overflows (CSOs) and sanitary sewer overflows (SSOs). Many
systems have insufficient capacity to address wet weather
conditions, and communities lack sufficient independent
financing ability to fund needed capacity upgrades. AWIA 2018
authorizes new sewer overflow control grants in order to assist
with these types of urgent needs.
The Committee heard testimony that our nation's ability to
provide clean water and safe drinking water is challenged by
deteriorating wastewater infrastructure that is in urgent need
of repair, replacement, and upgrade. Witnesses recommended the
following actions: financial support through grants; state
revolving loan funds; innovative financing mechanisms; a
different approach to determining the affordability of
infrastructure investments; the use of funds for compliance
assistance; and the use of integrated planning and green
infrastructure to help make infrastructure more affordable.
Witnesses also suggested targeted assistance to those most in
need, including small, rural communities and tribal lands. As a
result, the Committee incorporated these proposals into several
provisions of AWIA 2018.
Witnesses also supported innovative financing tools, such
as those provided by WIFIA and SRF WIN Act. WIFIA was enacted
as part of WRRDA 2014. It allows EPA to make secured loans for
drinking water and wastewater infrastructure, desalination,
water recycling, and aquifer recharge. The legislation also
allows the Corps to make secured loans for flood control,
navigation, and ecosystem restoration. It is important to note
that the Corps has not yet implemented its own WIFIA program
due to a lack of funding. As funded, EPA's WIFIA accelerates
investment in our nation's infrastructure by providing long-
term, low-cost supplemental loans and has significant
leveraging power. The Office of Management and Budget's fiscal
year 2019 estimated subsidy rate for WIFIA suggests that every
$1 of WIFIA budget authority, on average, enables the EPA to
issue $102 in WIFIA loans (1:102 direct loan leverage ratio).
SRF WIN utilizes this leveraging power by using WIFIA financing
to capitalize the existing SRFs. This will allow states to
finance thousands of existing and vetted water and wastewater
infrastructure projects expeditiously. AWIA 2018 includes both
of these financing tools.

Economic Benefits of Water Infrastructure Investment

Investments in water infrastructure are essential for
protecting public health and the environment. They also
generate significant economic benefits. The Department of
Commerce's Bureau of Economic Analysis estimates that for every
dollar in revenue realized by the water and wastewater
industry, $2.62 in revenue are realized by all other
industries. Adding one job in the water and wastewater industry
creates an additional 3.68 jobs in the national economy.
At the request of the Committee, in 2016 the Water
Environment Federation and the Water Reuse Association studied
the economic benefits of investing in water and sewer
infrastructure through state revolving loan funds. The study
found that for every Federal dollar of Federal SRF spending,
21.4 percent is returned in the form of tax revenue to the
Federal government. The study also evaluated increased
employment and labor income, and economic output resulting from
Federal investments in SRFs. On average, 16.5 jobs are
generated for every million dollars in SRF spending. These are
high-paying jobs, estimated to be about $60,000 in annual
income. Finally, the report found that every million dollars of
SRF spending generates $2.95 million in economic activity for
the U.S. economy.
These studies and others demonstrate that investments in
drinking water and wastewater infrastructure are not only
beneficial to public health and the environment, but also
generate significant economic benefits. AWIA 2018 includes
authorities and programs to support investment in drinking
water and wastewater infrastructure, and to make that
investment more affordable for rural, tribal, and other
stakeholders.

Innovative Technology

The Committee realizes the need for investment in resilient
water infrastructure and the benefits of the development of new
technologies. The Committee heard from witnesses, stakeholders,
and constituents about the advantages of incorporating
innovative materials and technologies, including desalination
and water reuse and recycling, into water resources projects.
S. 2800 provides for grants focused on the resiliency and
adaptability of water systems, as well as investments into the
research of new water and wastewater technology.

Objectives of the Legislation

The objectives of S. 2800 are to meet the nation's water
infrastructure needs, including navigation, flood risk
management, ecosystem restoration, drinking water, and clean
water infrastructure, while also expanding water supply and
water storage capacity.

Section-by-Section Analysis

Sec. 1. Short title; table of contents

Section 1 states that the Act may be cited as ``America's
Water Infrastructure Act of 2018'' and includes a Table of
Contents.

Sec. 2. Definition of Secretary

Section 2 defines the ``Secretary'' for the purposes of the
Act as the Secretary of the Army.

TITLE I--GENERAL PROVISIONS

Sec. 1001. Corps budgeting

Section 1001 requires that the Corps headquarters and
districts provide Congress with a work plan and four year
projected budget on an annual basis. This section will offer an
additional opportunity for projects or initiatives of regional,
tribal or local significance to receive appropriations. This
section amends the project qualification process by allowing
the Corps to advance projects in a secondary process. The
process also increases public participation, transparency and
accountability.
While the Administration's BCR analysis is a valuable tool
for evaluating projects, the Committee believes it is a limited
tool that too often prevents projects critical to local and
regional communities and their economies from moving forward.
This section will enable local and state leaders to participate
in a local planning process that allows projects to advance and
receive appropriations. As part of the required public
participation under this section, the Committee expects the
Corps to engage cost-share partners, government agencies, and
stakeholders in both integrated water resource and life-cycle
portfolio management. This is designed to address project and
system or watershed-level needs by leveraging Federal, state,
local and private sector funding and authorities. The Committee
expects the Corps to work with local stakeholders and partners
to make sure regional and local priorities are built into the
project planning process at all levels and that stakeholder
voices are reflected in the decisions that the Corps
implements. Further, the Committee expects the Corps to be
responsive to local stakeholders needs and to act as a partner
in this process.
The Committee expects the Corps to collect, analyze, and
incorporate information and data on significant non-Corps
investments within the system or watershed as part of the
development of the ``Value to the United States'' analysis and
the five-year budget and work plans. In some cases, the Corps
is unable to move forward with project implementation in a
timely manner due to budget constraints, or a non-Corps
solution may be the best way to achieve desired outcomes. In
these instances, the Committee expects the Corps to help
facilitate the development of the best solutions with other
Federal and non-Federal entities. The best solution could be an
innovative delivery model, or it may not be a Corps-driven
solution at all.

Sec. 1002. National Academy studies

Section 1002 requires the National Academy of Sciences to
study how to increase transparency in budgetary processes and
cooperation with Congress; Federal, state and local units of
government; and stakeholders; as well as with other cost-share
partners.
Section 1002 also calls for studies to be conducted to
determine whether the Congress should use a system-wide
authorization process for water resources development projects
(as opposed to a project-based process), and whether the
present structure and organization of the Corps is the most
effective for its continued operation or whether the Corps
structure and organization should be modified.

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

Section 1003 requires that the Comptroller General of the
United States (the Comptroller General) conduct and submit to
Congress a study on the BCR procedures of the Secretary and the
Director of the Office of Management and Budget (OMB) within
one year after enactment of AWIA 2018. The study should include
(1) an examination of the benefits that the Secretary and
Director do and do not include in the BCR calculation, as well
as (2) an evaluation of navigation benefits included and not
included in the calculation for non-commercial harbors for
military training purposes.
While the BCR analysis is a useful and valuable tool, the
current BCR procedures prevent too many critical projects from
moving forward. The Committee expects the study required by
this section to include a review of the economic benefits and
costs used in the BCR calculations by OMB and the Corps.
Specifically, the Committee expects the study to examine all
issues associated with improving the BCR calculation and its
use. As the Committee has heard from multiple members and as
the legislation indicates, the Committee expects this analysis
should examine key factors such as missing costs and benefits
not considered by the Corps under current BCR calculations. For
example, the Committee recognizes concerns that the current
calculation does not consider the many economic and other
benefits associated with beach renourishment that can provide
an important buffer to coastal storm damage or various flood
control projects in rural areas, such as in Cedar Rapids, Iowa.

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

Section 1004 amends the current Corps cost-sharing
requirements for feasibility studies and project construction.
This section directs Corps districts to maintain a balance
sheet to track project funding whenever a local cost-share
match is required for a water resources development project.
The Corps must provide the balance sheet to the non-Federal
sponsor upon request.
If a project comes in under-budget, the relevant share of
the funds must be credited back to the non-Federal sponsor in
the appropriate cost-share ratio. In other words, the local
sponsors are to be credited the full amount of remaining non-
Federal cost share funds that they provided to the Corps.
Further, the non-Federal interest may use the excess funds as
its cost-share for other Corps projects or its cost-share for
operation and maintenance of a project for which a non-Federal
cost-share is required.

Sec. 1005. Non-Federal sponsor reimbursements

Section 1005 mandates that when a project executed by the
Secretary under an existing agreement results in a non-Federal
sponsor having unreimbursed funds, on the request of the non-
Federal sponsor, the Secretary has two options. The Secretary
can either (1) credit the unreimbursed funds to the non-Federal
operation and maintenance cost-share for that project, or the
non-Federal cost-share requirement of that non-Federal sponsor
for another project to be carried out by the Secretary or (2)
reimburse the funds to the non-Federal sponsor.

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

Section 1006 amends section 225(c) (33 U.S.C. 2328) of the
Water Resources Development Act of 1992 (WRDA 1992). It permits
a non-Federal private entity to enter into cooperative
agreements with the Secretary to collect user fees for the
development of recreation sites and facilities regardless of
whether the site and facilities were developed or constructed
by the non-Federal entity or Department of the Army.
Under section 1006 a non-Federal, private entity may
potentially retain up to 100 percent of the collected fees, as
determined by the Secretary, and must use them for the
operation, maintenance, and management activities at the
recreation site at which the fee is collected.
Section 1006 also states that the non-Federal private
entity must adhere to the same regulations and requirements as
a non-Federal public entity.

Sec. 1007. Cost estimates

Section 1007 amends section 2008(c) (33 U.S.C. 240(c)) of
the Water Resources Development Act of 2007 (WRDA 2007). It
prevents the retroactive application of an increased non-
Federal cost-share in situations where construction on a Corps
project has already begun prior to the increase in non-Federal
cost-share.

Sec. 1008. Retroactive changes to cost-sharing agreements

Section 1008 addresses study costs incurred by a non-
Federal interest prior to the execution of a feasibility cost-
sharing agreement for an aquatic ecosystem restoration project
under section 206 (33 U.S.C. 2330) of the Water Resources
Development Act of 1996 (WRDA 1996).
Pursuant to section 1008 of AWIA 2018, the entire study
cost shall be at Federal expense as long as the study was
initiated before October 1, 2006, and the feasibility cost-
sharing agreement was not executed before January 1, 2014.

Sec. 1009. Project partnership agreements

Section 1009 directs the Secretary to better define and
describe operation and maintenance, repair, replacement, and
rehabilitation (OMRR&R) costs in future project partnership
agreements so that a non-Federal sponsor understands its
obligations.

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

Section 1010 requires the Secretary to report to the Senate
Committee on Environment and Public Works and the House
Committee on Transportation and Infrastructure within one year
of enactment of AWIA 2018. The report will describe how to
improve and expedite the waiver process for the non-Federal
cost share under section 116 of the Energy and Water
Development and Related Agencies Appropriations Act of 2010
(P.L. 111-85; 123 Stat. 2851). Communities with little economic
base that cannot afford to raise a non-Federal cost-share use
the waiver process.

Sec. 1011. Feasibility studies for mitigation of storm damage

Section 1011 amends section 105(a)(1) of WRDA 1986 (33
U.S.C. 2215(a)(1)) dealing with feasibility studies for
projects to mitigate damage to an area affected by weather or
other events. This section stipulates that the Federal cost-
share for such feasibility studies will be between 50 and 100
percent if (1) the Secretary provided emergency response under
section 5 of the Flood Control Act of 1941 (44 Stat. 659,
chapter 377; 33 U.S.C. 701n), or the area received disaster
assistance under the Stafford Act during the eight-year period
preceding the enactment of AWIA 2018, and (2) there is a
significant risk for future similar events.
The Committee expects the Corps to use this authority to
assist areas affected by weather or other events during the
eight years preceding enactment, where there is significant
risk of future similar events.

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

Section 1012 amends section 5(a) of the Flood Control Act
of 1941 (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)) to
provide disaster operations assistance for Indian tribes and
Alaskan native corporations. It authorizes communities to
petition the Secretary for assistance beyond the 30-day period
of a project under 33 C.F.R. 203.61(b)(8), and requires the
Secretary to increase long-term safeguards and protection. It
also allows the Secretary to reduce the minimum non-Federal
cost-sharing requirement of 45 percent if the financial
situation of the non-Federal sponsor of a project warrants a
reduction, and stipulates that the Secretary may not impose a
non-Federal cost-sharing requirement on a project serving a
disadvantaged community (as defined in section 1452(d) of the
SDWA).
This section contains a sunset provision ending the
authority of the Secretary to provide extended assistance 2
years after enactment of AWIA 2018.
The Committee expects the Corps to use this authority to
provide extended disaster assistance to states, tribes or other
entities after the initial 30-day period. In providing such
assistance, the Committee expects the Corps to consider long-
term solutions, costs, and resiliency in developing solutions
to create sustainable, resilient communities. The Committee
expects that the solutions developed will have considered and
incorporated Federal and non-Federal authorities and funding,
as appropriate, as well as the long-term needs of the local
communities.

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

Section 1013 amends the Act of October 15, 1940 (54 Stat.
1176, chapter 884; 33 U.S.C. 701h-1). It expands the authority
of the Secretary to accept funds from a state (as defined, to
include a Federally recognized Indian tribe or a tribal
organization under 25 U.S.C. 5304) to carry out water resources
projects so that the advanced funds are applicable to all
project purposes beyond flood risk management and navigation
(e.g., aquatic ecosystem restoration, coastal storm damage
reduction, etc.).

Sec. 1014. Implementation guidance

Section 1014 directs the Secretary to issue guidance to
implement the provisions of WRRDA 2014 and WIIN 2016 within 120
days after the date of enactment of AWIA 2018, unless a lack of
appropriated funds prevents the issuance of implementation
guidance. This requirement only applies to provisions of WRRDA
2014 and WIIN 2016 for which the Corps has not already issued
implementation guidance as of enactment of AWIA 2018.
The Corps continues to lag in fulfilling its obligation to
issue implementation guidance for a number of provisions from
the prior two water resource development laws. As such, the
Committee included this provision directing the Corps to
execute its legal responsibility to issue the guidance.

Sec. 1015. Implementation guidance for this Act

Section 1015 requires that any implementation guidance
issued to carry out AWIA 2018, or any amendments made by it
with respect to a provision of law under the jurisdiction of
the Secretary, must be issued within one year of enactment of
AWIA 2018. The proposed guidance must also be subject to public
comment. The public comments and a review of their
consideration shall be provided to the Committee on Environment
and Public Works after issuance of the guidance. This section
does not apply to a provision of law for which a lack of
appropriated funds prevents the issuance of implementation
guidance.
The Corps has an obligation to issue implementation
guidance for AWIA 2018. As such, the Committee included this
provision directing the Corps to issue the guidance as required
in an expeditious manner.

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

Section 1016 amends section 1172 of WIIN 2016 (33 U.S.C.
2354). It requires the Secretary to grant easements across
water resources development project land to nonprofit
organizations providing electric, telephone, or broadband
service facilities that are eligible for financing under 7
U.S.C. 901 et. seq. Any easement granted under this section
cannot interfere with the safe functioning of a water resources
project. The location and placement of the easement is at the
Secretary's discretion.
The Committee encourages the Corps to develop utility
corridors and to do other relevant planning in determining the
geographic placement of utilities or facilities in order to
maximize future use of the land, as well as potentially
minimize the need for future utility or facility relocations.
Nothing in this section changes existing legal requirements for
utility placements.

Sec. 1017. Corps capabilities

Section 1017 states that the Secretary shall conduct the
study currently authorized by section 936 of WRDA 1986 (33
U.S.C. 2300) and complete it within one year. The purpose is to
study and evaluate the measures necessary to increase the
capabilities of the Corps to undertake the planning and
construction of water resources projects on an expedited basis.
Any proposed measures for expediting a project must also comply
with all requirements of law applicable to the Corps' water
resources program.
This study was authorized to be conducted by the Corps in
WRDA 1986, but was never completed. The Committee directs the
Corps to complete this study within one year to better inform
future efforts to expedite and improve the efficiency of
project delivery that may be needed.

Sec. 1018. Project authorization funding lines

Section 1018 directs the Secretary to ensure that a project
follows implementation requirements that apply to the business
line under which it was originally authorized, in cases where a
project is subsequently budgeted under a different business
line.
Once a project has been authorized under one business line,
the Committee directs that subsequent changes to the funding
account should not impact the policies or considerations for
the project. For example, the navigation business line's
Federal standard for disposal of dredge material should not be
applied to an ecosystem restoration project that is now funded
under the navigation business line. Such application could
effectively defeat the Congressional intent for the execution
of the project.

Sec. 1019. Consolidation of studies; report

Section 1019 requires the Secretary to complete a study and
report to Congress within one year of enactment of AWIA 2018 on
the effects of section 1002 of WRRDA 2014 (128 Stat. 1198). The
goal of the study is to ensure that section 1002 of WRRDA 2014,
as well as amendments made by that section, do not limit the
Corps' available options to fund work related to feasibility
scoping, project management planning, and review plan
development.
Section 1002 of WRRDA 2014 repealed requirements that the
Corps conduct a reconnaissance study prior to initiating a
feasibility study. It also created an accelerated process that
allows non-Federal project sponsors and the Corps to proceed
directly to the feasibility study. At any point during a
feasibility study, the Secretary can terminate the study if the
Secretary believes that a project is not in the public interest
or is not feasible for technical, legal, or financial reasons.

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

Section 1020 amends section 203(e) of WRDA 1986 (33 U.S.C.
2231(e)) to clarify that if the Federal portion of the cost-
share is paid by a non-Federal interest, then the Corps is
required to provide the requested technical assistance on any
aspect of a feasibility study. Receipt of Corps technical
assistance is not to be construed as an approval or endorsement
of a feasibility report. It also does not abrogate the
Secretary's independent responsibility to review the
feasibility study for compliance with Federal laws and
regulations and to make recommendations to Congress on the plan
or design of the project.
Under current law, section 203 of WRDA 1986 allows a non-
Federal project sponsor for a project to undertake work that
would normally be conducted by the Corps. However, non-Federal
sponsors shared concerns with Committee that the Corps is
unable to accept and use non-Federal funds to provide technical
assistance for section 203 projects. The Committee directs the
Corps to provide the technical assistance for feasibility
studies conducted pursuant to this authority.

Sec. 1021. Reports to Congress

In the event the Secretary fails to provide a completed
report or study within 180 days after the applicable date
required by AWIA 2018, section 1021 requires the Secretary to
reprogram $5,000 from the General Expenses account of the civil
works program of the Corps, and an additional $5,000 each week
the report remains uncompleted thereafter. The total amount
reprogrammed per study or report cannot exceed $50,000 in any
fiscal year and the total amount reprogrammed for all studies
cannot exceed $100,000.
Section 1021 allows the Secretary to avoid the
reprogramming of funds for delayed reports or studies if the
Secretary certifies to Congress that a major modification has
been made to the document's content; funds to carry out the
report or study were not appropriated; or additional
information is required for the Corps to complete such
documents in a timely manner.

Sec. 1022. Disposition studies

Section 1022 requires that the Secretary carry out any
disposition study for a Corps project in a transparent manner.
This includes offering opportunities for public input during
the study, and publishing and making publicly available final
disposition studies.

Sec. 1023. Natural infrastructure

Section 1023 sets new requirements for flood risk
management or hurricane and storm damage risk reduction
projects. In conducting feasibility studies on these projects,
the Secretary must consider the use of both traditional and
natural infrastructure alternatives, alone or in conjunction
with each other, if those alternatives are practicable.

Sec. 1024. Watercraft inspection stations

Section 1024 directs the Secretary to establish, operate,
and maintain new or existing watercraft inspection stations
intended to prevent the spread of aquatic invasive species. It
increases the Corps' authorization for watercraft inspection
stations on the Columbia River Basin to $30 million for each
fiscal year. It also provides a $30 million authorization for
each fiscal year for inspection stations in the Upper Missouri
River Basin.
The Committee is very concerned with the threat posed by
invasive species. In particular, quagga and zebra mussels are a
serious threat to the Columbia River and Upper Missouri River
Basins and water bodies located therein. The Committee directs
the Corps to take all necessary steps to prevent the spread of
invasive species in these basins.

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

Section 1025 extends the $50 million authorization of the
non-Federal implementation pilot program for fiscal years 2020
and 2021. This pilot program evaluates the cost-effectiveness
and project delivery efficiency of non-Federal interests
carrying out feasibility studies and the construction of
projects for flood risk management, hurricane and storm damage
reduction, ecosystem restoration, and harbors and channels.

Sec. 1026. Project studies subject to independent peer review

Section 1026 extends the statutory obligation of the
Secretary to carry out independent peer reviews during the
development of feasibility studies until 2024.
The section also requires the Secretary to complete a
report within one year of enactment of AWIA 2018. The report
should analyze cost and time overruns for projects subject to
section 2034 of WRDA 2007 (33 U.S.C. 2343). Specifically, the
report will examine the effectiveness of peer review, the
extent to which planning problems are identified in the peer
review process, and describe whether the Secretary plans to
take actions to address problems identified by Independent
External Peer Review panels. The Secretary must submit the
report required under this section to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.

Sec. 1027. Expedited consideration

Section 1027 extends through December 31, 2024, the
expedited consideration procedure authorized in section
7004(b)(4) of WRRDA 2014 (128 Stat. 1374). This provision
allows Congress to consider authorizing certain water resource
development or conservation projects outside of the regular
biennial WRDA authorization cycles.

Sec. 1028. WIFIA study

Section 1028 requires the Secretary to conduct a study on
impediments to Corps' WIFIA program implementation. The
Committee directs the Secretary to study obstacles to the
implementation of the program and to identify all projects that
the Secretary determines are potentially viable to receive
assistance. Further, the study requires the Secretary to
describe any amendments to the Act or other legislative or
regulatory changes that would improve the Secretary's ability
to implement the Corps' WIFIA program. The report must be
submitted to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives no later than
one year after enactment of AWIA 2018.

Sec. 1029. Enhanced development demonstration program

Section 1029 directs the Secretary to review the master
plan and shoreline management plan for any lake described in
section 3134 of WRDA 2007 (121 Stat. 1142; 130 Stat. 1671). The
purpose is to identify suitable areas for enhanced development,
as defined in AWIA 2018. The Secretary is authorized under this
section to lease Federal land under the Secretary's
jurisdiction using competitive procedures. Authorized leases
must: (1) require payment of at least fair market value, up to
50 percent of which may be provided in-kind at the discretion
of the Secretary; (2) enter into a partnership agreement with
the private sector; (3) consider lease durations of up to 100
years; and (4) consider regional economic impacts.
Section 1029 also requires that the Secretary complete a
study and submit a report to Congress within two years of
enactment of AWIA 2018. The study should address the
application of enhanced use leasing authorities, and other
military leasing authorities to the Secretary's civil works
program. The report shall include a description of the
obstacles that must be removed to implement the authorities.

Sec. 1030. Duplication of efforts

Section 1030 addresses projects where the non-Federal
sponsor is working with an institution of higher education or
entity on a water resources project. In order to reduce
duplicative efforts, the Secretary must consider hiring that
institution of higher education or entity, in accordance with
any applicable contract law, to provide assistance under
section 22 of the Water Resources Development Act of 1974 (P.L.
93-251) with respect to that same project.
The Committee has concerns regarding the amount of time it
takes to complete water resources projects, which increases
project costs and results in lost economic opportunities. The
Committee calls upon the Corps to take any steps permissible
under the law to reduce unnecessary or redundant work. The
purpose behind this section is to help ensure that limited
resources are used to complete projects.

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

Section 1031 creates a Board of Appeals for certain water
storage projects. The Board is made up of five members, to be
appointed by the Secretary, of whom two shall be
representatives of state water development commissions and
agencies with water storage needs, two shall be representatives
of the Corps, and one shall be a representative jointly
selected by the Secretary and other participating entities. The
provision requires the District Engineer to develop and provide
to a project applicant a purpose and needs statement that
describes whether the Corps concurs with the purpose and need
statement of the applicant. The provision also requires that
all permit conditions be provided to the applicant in advance
of a permit decision. The applicant then has the opportunity to
appeal the purpose and need statement in any case in which the
District Engineer does not concur.
The Committee heard concerns that the regulatory permitting
process for water storage projects is extremely lengthy, in
part due to issues associated with identifying and analyzing
the purpose and need of the project. In addition, in some
cases, unexpected permit conditions are attached to the permit.
This section is intended to increase transparency and provide
the permittee an opportunity to obtain an appeal board review
of a project's purpose and needs statement in addition to
applicable remedies available under existing law.

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

Section 1032 states the sense of Congress that financing of
project operations, maintenance or capital improvements by
local non-Federal interests results in savings to Federal
taxpayers.

Sec. 1033. Sense of Congress relating to study of water resources
development projects by non-Federal interests

Section 1033 states the sense of Congress that the
amendment to section 203 of WRDA 1986 (33 U.S.C. 2231) made by
section 1126 of WIIN 2016 (130 Stat. 1648), which concerns
study of water resources development projects by non-Federal
interests, was intended to supersede any conflicting laws.

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

Section 1034 states the sense of Congress that the
Secretary should simplify and expedite the process for
including in-kind work in project partnership agreements. Such
changes should allow for more flexibility in conducting in-kind
work, and to delegate approval for project partnership
agreements to the District Engineer where practicable.

Sec. 1035. Sense of Congress relating to encouraging resilient
techniques and habitat connectivity in ecosystem restoration

Section 1035 states the sense of Congress that the
Secretary should ensure that Corps infrastructure can endure
extreme weather, mitigate flooding and other negative storm
impacts on communities, and provide a significant return on
investment by encouraging the use of resilient structural or
nonstructural construction techniques; and clarifying that
nonstructural approaches, techniques, and alternatives include
natural and nature-based solutions.

Sec. 1036. Alterations to local flood control projects

Section 1036 provides the District Engineer of each Corps
district, or the Secretary if requested by the applicant, with
the authority to implement existing authorities to approve
alterations to local flood control projects in accordance with
33 C.F.R. 208.10, and all other applicable laws (including
regulations) relating to flood control.
The Committee heard concerns that some Corps districts are
not implementing existing authorities in law to approve
alterations to local flood control projects. The Committee also
understands that some districts are taking too long to address
these permits. As a result, this legislative language was
included to direct the Corps to implement all relevant existing
authorities related to flood control.

Sec. 1037. Non-Federal construction

Section 1037 requires the Secretary to provide to the non-
Federal interest all relevant data and documentation with
respect to a water resources development project carried out
under section 204(b) of WRDA 1986 (33 U.S.C. 2232(b)). The
transfer must occur within 90 days of receiving such a request.
Additionally, the Secretary must also provide technical
assistance to the non-Federal interest upon the non-Federal
interest's request, so the non-Federal interest has an
opportunity to obtain permits in the most expeditious manner
possible.

Sec. 1038. Contributed funds for non-Federal reservoir operations

Section 1038 amends section 5 of the Flood Control Act of
1936 (49 Stat. 1589, chapter 688, 33 U.S.C. 701h) to authorize
the Secretary to receive contributed funds from an owner of a
non-Federal reservoir (in addition to a state or political
subdivision thereof, or other non-Federal interest) to
formulate, review, or revise operational documents for any non-
Federal reservoir for which the Secretary is authorized to
prescribe regulations for the use of storage allocated for
flood risk management or navigation pursuant to section 7 of
the Act of December 22, 1944 (58 Stat. 890, chapter 665; 33
U.S.C. 709).

Sec. 1039. Mitigation bank credit release schedules

Section 1039 requires the Secretary, in coordination with
the EPA Administrator, to issue guidance for the development of
mitigation bank credit release schedules. The goal is to
release such credits as soon as available to help expedite
permit evaluations under section 404 of the CWA for proposed
projects awaiting the release of credits.

Sec. 1040. Innovative materials report

Section 1040 requires the Secretary to submit to Congress a
report within one year of enactment of AWIA 2018 that describes
activities conducted at all Corps technology, research and
development related facilities and organizations relating to
the testing, research, development, identification, and
recommended uses for innovative materials in water resources
projects. The report will provide recommendations regarding the
innovative materials that should be used in water resources
projects.

Sec. 1041. Updates to benefit-cost analysis

Section 1041 states that the Secretary cannot perform or
update a BCR analysis of a project once construction has
commenced.
The Committee heard concerns about administrative updates
to individual project BCR calculations that are causing
unnecessary project delays and cost escalations. The result has
been a burden on the taxpayer while necessary infrastructure
projects languish.

Sec. 1042. Local government water management plans

Section 1042 requires the Secretary, with the consent of a
non-Federal sponsor of a feasibility study, to allow a unit of
a local government in a watershed that has adopted a water
management plan to participate in the feasibility study. The
study will determine if there is an opportunity to include
additional elements to the project to help achieve the purposes
identified in the local or regional water management plan.

Sec. 1043. Access to real estate data

Section 1043 requires the Secretary to make publically
available existing real estate plat, geographic information
system, and geospatial data on all Federal real estate assets
owned, operated, managed, or regulated by the Corps, or in its
custody. This requirement is inapplicable to information the
Secretary deems to be confidential, privileged, national
security information, or that is otherwise prohibited by law.
Developers constructing various infrastructure, such as
municipal utilities, pipelines, roads, sewage and water
projects, must determine if their activities will impact Corps-
owned real estate, such as flood control projects, levees, and
dredge material disposal facilities. However, as this
information is not publicly available, developers must conduct
title searches or ask the Corps and then wait for a response,
potentially resulting in construction schedule delays. The
Committee believes that such information should be publically
available to help ensure the delivery of non-Federal projects
on Corps lands occur in a more expeditious manner.

Sec. 1044. Advanced funds for discrete segments

Section 1044 permits the Secretary to accept and expend
funds from a non-Federal interest to carry out a discrete
segment of an authorized navigation project if it is
technically feasible and environmentally acceptable and it can
be operated independently without creating a hazard in advance
of completion of the project. These advanced funds can be
credited by the Secretary towards the non-Federal share of the
project cost.
The Committee heard concerns that the Corps cannot accept
advanced funds for discrete project segments. As a result,
several projects have been stymied (such as Port Everglades,
Florida). This legislative language will allow discrete
segments of projects to move forward if they are feasible,
environmentally acceptable, and can function independently
without creating hazards in advance of completion of the
project.

Sec. 1045. Inclusion of non-Federal interests in project consultations

Section 1045 states that the non-Federal interest for a
water resources development study or project must be given the
opportunity to participate in all consultations with Federal
and state agencies and Indian Tribes required by Federal law.
Consultation includes notification to, working with, and
addressing the concerns of the non-Federal sponsor.

Sec. 1046. Categorical exclusions

Section 1046 amends section 2045(l) of WRDA 2007 (33 U.S.C.
2348(l)). This section requires the Secretary to survey the
Corps' use of categorical exclusions under the National
Environmental Policy Act (NEPA) for projects authorized since
2014.
In the case that the Secretary has identified a category of
activities that merit establishing a categorical exclusion that
did not exist on the day before enactment of AWIA 2018, the
Secretary must publish a notice of proposed rulemaking to
identify potential categorical exclusions in conformance with
the criteria under 4 C.F.R. 1508.4 (as in effect on the date of
enactment of AWIA 2018) within one year. The Committee intends
the Corps to evaluate the need for, and, if warranted, develop
new categorical exclusions for Corps projects and activities
using existing authorities and regulatory requirements provided
under NEPA as of the date of enactment of AWIA 2018.

Sec. 1047. Geomatic data

Section 1047 requires that a department or agency
considering an aspect of an application for Federal
authorization that requires the submission of environmental
data shall consider any such data submitted through geomatic
techniques. The applicable agency may grant conditional
approval for Federal authorization contingent on the
verification of the geomatic data by subsequent onsite
inspection.

Sec. 1048. Flexibility for projects

Section 1048 addresses feasibility studies initiated by the
Secretary under section 905(a) of WRDA 1986 (33 U.S.C.
2282(a)), following the enactment of AWIA 2018. It sets the
goal of completing a feasibility study within 2 years. In
carrying out these specified feasibility studies, the Secretary
must exercise all existing flexibilities under, and exceptions
to, any requirement administered by the Secretary. In addition,
the Secretary must further provide additional flexibilities or
use expedited processing to complete the feasibility study
within the two-year goal.

Sec. 1049. Credit in lieu of reimbursement

Section 1049 amends section 1022(b) of WRRDA 2014 (33
U.S.C. 2225(b)) in order to enable the transfer of existing
credits, both monetary and in-kind, from a non-Federal sponsor
of a section 211 project (construction of flood control
projects by non-Federal interests) to another government
entity, pending approval by the Secretary.

TITLE II--STUDIES, MODIFICATIONS, AND PROJECT AUTHORIZATIONS

SUBTITLE A--STUDIES

Sec. 2001. Authorization of proposed feasibility studies

Section 2001 authorizes the Secretary to conduct
feasibility studies for nine projects for water resources
development that were submitted to Congress in an annual Report
to Congress on Future Water Resources Development pursuant to
section 7001 of WRRDA 2014 (33 U.S.C. 2282d), or otherwise
reviewed by Congress:
(1) Lower Mississippi River, Arkansas, Kentucky,
Louisiana, Missouri, Mississippi, and Tennessee
(2) Ouachita-Black Rivers Navigation Project
(3) San Diego River 1, 2, and 3 Levee System
(4) Northshore Flood Risk Reduction, Louisiana
(5) St. Louis Riverfront-Meramec River Basin,
Missouri
(6) Chautauqua Lake, New York
(7) Trinity River and Tributaries, Texas
(8) Coastal Virginia Water Resources, Virginia
(9) Tangier Island, Virginia

Sec. 2002. Lower Missouri River Bank stabilization and navigation

Section 2002 authorizes the Secretary to conduct a study on
the function and reliability of the Lower Missouri River Bank
stabilization and navigation project.

SUBTITLE B--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS

Sec. 2101. Savannah Harbor expansion project

Section 2101 increases the appropriations authorized for
the Savannah Harbor expansion project due to project cost
increases documented in a signed section 902 Post Authorization
Change Report.

Sec. 2102. Deauthorization of Svensen Island

Section 2102 deauthorizes the project for Svensen Island,
Oregon, as of the date of enactment of AWIA 2018.

Sec. 2103. Whittier Narrows study

Section 2103 requires a study by the Secretary regarding
the Whittier Narrows Dam Project to evaluate the impacts of
removing one percent of the flowage spreading grounds from the
flood control easement. The Secretary must both complete the
study and submit a report to Congress describing the results
within one year of enactment of AWIA 2018.

Sec. 2104. West Tennessee tributaries project, Tennessee

Section 2104 deauthorizes the West Tennessee tributaries
project along the Obion and Forked Deer rivers and tributaries,
as of the date of enactment of AWIA 2018.

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

Section 2105 deauthorizes the Bridgeport Harbor-Pequonnock
River navigation project north of Congress Street in the City
of Bridgeport, Connecticut, as of the date of enactment of AWIA
2018.

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

Section 2106 deauthorizes from the Federal inventory levees
L-212 and L-231, which are two components of the Federal Four
River Basins Project in Florida, as of the date of enactment of
AWIA 2018.

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

Section 2107 allows the Secretary to repair or replace
bridges in New England owned and operated by the Secretary that
are necessary for evacuation routes in extreme weather events,
subject to appropriations.

Sec. 2108. Boston Harbor reserved channel deauthorizations

Section 2108 deauthorizes portions of the Boston Harbor,
Massachusetts, navigation project authorized by the first
section of the Act of October 17, 1940 (54 Stat. 1198, chapter
895), as amended.

Sec. 2109. Project deauthorization and study extensions

Subsection (a) extends the period for deauthorization of
projects under section 6003(a) of WRRDA 2014 (33 U.S.C.
579c(a)) from seven to 10 years. The Secretary must not count
any period of time during which the project's locally preferred
plan under section 1036(a) is being reviewed by the Corps and
awaiting a decision by the Secretary.
Subsection (b) extends the period for deauthorization of
studies under section 1001(d)(4) of WRRDA 2014 (33 U.S.C.
2282c((d)(4)) from seven to 10 years.
The Committee heard criticisms associated with a lack of
conformity between the study and project deauthorization
timeframes enacted in WRDA 1986 and WRRDA 2014. In order to
reduce any confusion and inequity, this section amends WRRDA to
lengthen that statue's seven year timeframes for study and
construction deauthorizations to 10 years.

Sec. 2110. Deauthorization of inactive studies

Section 2110's purpose is to identify for deauthorization
$7.5 billion dollars in unviable feasibility studies for water
resources development projects that lack local support, lack
available Federal or non-Federal resources, or have an
authorizing purpose that is no longer relevant or feasible.
Qualifying studies must not have received Federal funds during
the 10-year period preceding enactment of AWIA 2018. Further,
the Secretary must solicit comments from the public and the
Governor of each applicable state on the interim and proposed
final deauthorization lists. After the close of a 90-day
comment period on the proposed final deauthorization list, the
Secretary shall submit a final deauthorization list within 120
days to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives.
Section 2110 states that a feasibility study on the final
deauthorization list will be deauthorized unless Congress
passes a joint resolution of disapproval of the final list
prior to the end of the 180-day period beginning on the date of
submission of the final list. Additionally, a feasibility study
shall not be deauthorized if the non-Federal interest for the
feasibility study provides adequate funds to complete the
feasibility study.
The Committee understands that the Corps is obligated to
deauthorize certain feasibility studies pursuant to section 710
of WRDA 1986 (33 U.S.C. 2264). However, despite this
requirement, thousands of eligible feasibility studies remain
authorized. It is also the Committee's understanding that the
Corps has been attempting to identify which feasibility studies
remain meritorious and deserving of completion for a prolonged
period with no clear deadline for finishing that effort.
Therefore, the Committee expects the Corps will take
appropriate steps to identify the studies that should be
completed in the most expeditious manner possible.

Sec. 2111. Certain disposition studies

Section 2111 requires the Secretary to consider
modifications that would improve the overall quality of the
environment in the public interest, including removal of the
project or a separable element of the project, when carrying
out a disposition study under section 216 of the Flood Control
Act of 1970 (33 U.S.C. 549a).

Sec. 2112. Locks and dams 1 through 4, Kentucky River, Kentucky

Section 2112 deauthorizes Kentucky River locks and dams 1
through 4 as of enactment of AWIA 2018. It conveys the project
in ``as is'' condition to Kentucky for use and benefit of the
Kentucky River Authority. It also requires that any conveyance
include that the state holds the United States harmless from
any liability resulting from activities on the property.

Sec. 2113. Kissimmee River restoration

Section 2113 authorizes the Secretary to credit work
performed or to be performed by the non-Federal sponsor as an
in-kind contribution under section 221(a)(4) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)), in accordance
with the report dated April 27, 2018, relating to the project
for ecosystem restoration, Kissimmee River, Florida, authorized
by section 101(8) of WRDA 1992 (106 Stat. 4802).

Sec. 2114. Norfolk Harbor and channel, Thimble Shoal widening, Virginia

Section 2114 authorizes the Secretary to carry out
modifications to the project for navigation, Norfolk Harbor and
channel Thimble Shoal widening, Virginia.

SUBTITLE C--WATER RESOURCES INFRASTRUCTURE

Sec. 2201. Project authorizations

Section 2201 authorizes six Chiefs Reports:
Navigation--
(1) Houston-Galveston Navigation Channel
Extension
Flood Risk Management--
(1) Ala Wai Canal
(2) Mamaroneck-Sheldrake Rivers
Hurricane and Storm Damage Risk Reduction--
(1) St. Johns County
(2) St. Lucie County
(3) Sabine Pass to Galveston Bay

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

Section 2202 requires the Secretary to complete a study on
the status of the projects at McMicken Dam, Arizona, and the
project for flood damage reduction and environmental
restoration, Muddy River, Brookline and Boston, Massachusetts.
The Secretary must submit a report to Congress within 180 days
of enactment of AWIA 2018 that includes a description of the
reasons of the Secretary for deauthorizing the two projects
and, if practicable, a description of conditions needed by the
Secretary to reauthorize the two projects.

Sec. 2203. Environmental infrastructure projects

Section 2203 amends section 219(f) of WRDA 1992 (106 Stat.
4835; 113 Stat. 334, 114 Stat. 2763A-219, 121 Stat. 1242, 121
Stat. 1261). It authorizes cost increases to specific projects:
it raises the appropriations authorization level to $90 million
for the Lake Marion Regional Water Agency/Lake Marion and
Moultrie environmental infrastructure project; and it raises
the appropriation authorization level to $70 million for the
Harbor/South Baywater recycling project. It also it authorizes
appropriations in the amount of $16 million for wastewater
infrastructure in Charlotte County, Florida.
Section 2203 also amends section 219 of WRDA 1992 by adding
a subsection (g) requiring the Secretary to consider and
complete an assessment for the Macomb County, Michigan,
wastewater project and the Milwaukee and Shorewood, Wisconsin,
wastewater project.

Sec. 2204. Conditional reauthorization of environmental projects

Section 2204 prevents the deauthorization of described
environmental projects for fiscal years 2019 through 2021, if
the Secretary receives from the project sponsor a written
request for the extended authorization within 90 days of
enactment of AWIA 2018.

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

Section 2205 states the sense of Congress that the
Secretary should prioritize the project for storm damage
reduction for West Haven, Connecticut, to the maximum extent
practicable.

Sec. 2206. Coastal Texas study

Section 2206 states that the Secretary shall expedite the
completion of studies for flood damage reduction, hurricane and
storm damage reduction, and ecosystem restoration in the
coastal areas of Texas. These studies will be identified in the
upcoming Corps Tentatively Selected Plan resulting from the
Coastal Texas Study due in 2018, notwithstanding any other
provision of law.
The Committee heard concerns that the Corps has delayed
completing this study due to possible legal barriers to the
project's implementation imposed by WRRDA 2014. Section 2206
was written to direct the Corps to complete the study
regardless of the WRRDA 2014 requirement, and determine if
there is a feasible project before Congress considers the need
to modify other applicable laws.

SUBTITLE D--EXPEDITED AND MODIFIED STUDIES AND PROJECTS

Sec. 2301. Rahway River Basin flood risk management project

Section 2301 requires the Secretary to prioritize funding
and expedite completion of the feasibility report for the
project for flood risk management, Rahway River Basin, New
Jersey. If the Secretary determines that the project is
justified in the completed report, the Secretary is to proceed
directly to project preconstruction, engineering, and design in
accordance with section 910 of WRDA 1986 (33 U.S.C. 2287).

Sec. 2302. Hudson-Raritan Estuary Comprehensive Restoration Project

Section 2302 states that the Secretary shall expedite
completion of the Hudson-Raritan Estuary Comprehensive
Restoration Project in a timely manner, in accordance with
section 1322(b)(2)(C) of WIIN 2016 (130 Stat. 1707).

Sec. 2303. Certain projects in Rhode Island

Section 2303 states that the Secretary shall adhere to the
proposed schedules and avoid delays to the extent practicable
with respect to the project for navigation, Providence River,
Rhode Island; the feasibility study for the project for coastal
storm risk management, Pawcatuck River, Rhode Island; and the
Rhode Island historical structure flood hazard vulnerability
assessment.

Sec. 2304. Cedar River, Iowa

Section 2304 states that the Secretary shall expedite the
project for flood risk management at Cedar River, Cedar Rapids,
Iowa, authorized by section 7002(2) of WRRDA 2014 (128 Stat.
1366).

Sec. 2305. Plymouth Harbor, Massachusetts

Section 2305 states that the Secretary shall expedite and
complete the dredging of the Plymouth Harbor in Massachusetts
so that ships can get into and out of the Harbor no later than
the celebration of the 400th anniversary of the voyage of the
Mayflower.

Sec. 2306. Brandon Road study

Section 2306 states that the Secretary shall complete a
final feasibility report for the Great Lakes Mississippi River
Interbasin Study (GLMRIS) Brandon Road Study by the original
deadline of February 2019.

Sec. 2307. Central Everglades Planning Project

Section 2307 states that the Secretary shall expedite
construction of a reservoir south of Lake Okeechobee as part of
the Central Everglades Planning Project authorized under
section 1401(4) of WIIN 2016 (130 Stat. 1713).

Sec. 2308. Portsmouth Harbor and Piscataqua River

Section 2308 states that the Secretary shall expedite the
Portsmouth Harbor and Piscataqua River Navigation Improvement
Project.

Sec. 2309. Blain Road footbridge, Thompson, Connecticut

Section 2309 states that that the Secretary shall proceed
with reviewing design plans for the Blain Road footbridge over
West Thompson Lake, Thompson, Connecticut.

Sec. 2310. Table Rock Lake, Arkansas and Missouri

Section 2310 states that the Secretary shall follow the
current law under section 1185 of WIIN 2016 (130 Stat. 1680)
with respect to the Table Rock Lake Master Plan and Table Rock
Lake Shoreline Management Plan, for Table Rock Lake, located in
Arkansas and Missouri.
Section 1185 of WIIN 2016 required that the Secretary lift
or suspend the moratorium on the issuance of new, and
modifications to existing, shoreline use permits based on the
existing master plan and shoreline management plan.

Sec. 2311. McCook Reservoir, Illinois

Section 2311 states that the Secretary shall consider
McCook Reservoir project as a priority for implementation under
section 1043(b) of WRRDA 2014 (33 U.S.C. 2201 note; P.L. 113-
121).

Sec. 2312. Baptiste Collette Bayou study, Louisiana

Section 2312 states that that the Secretary shall expedite
the review for the navigation channel deepening study, Baptiste
Collette Bayou, Louisiana, under section 203 of WRDA 1986 (33
U.S.C. 2231).

Sec. 2313. Morganza to the Gulf, Louisiana

Section 2313 states that the Secretary shall expedite
completion of the project for hurricane and storm damage risk
reduction, Morganza to the Gulf, authorized by section 7002(3)
of WRRDA 2014 (128 Stat. 1368).

Sec. 2314. Louisiana Coastal Area

Section 2314 states that the Secretary shall expedite
completion of the project for environmental restoration,
Louisiana Coastal Area, Louisiana, authorized by section
7002(5) of WRRDA 2014 (128 Stat. 1370).

Sec. 2315. Louisiana Coastal Area-Barataria Basin Barrier

Section 2315 states that the Secretary shall expedite
completion of the project for environmental restoration,
Louisiana Coastal Area Barataria Basin Barrier, Louisiana,
authorized by section 7002(5) of WRRDA 2014 (128 Stat. 1370).

Sec. 2316. West Shore Lake Pontchartrain, Louisiana

Section 2316 states that the Secretary shall expedite
completion of the project for hurricane and storm damage risk
reduction, West Shore Lake Pontchartrain, Louisiana, authorized
by section 1401(3) of WIIN 2016 (130 Stat. 1712).

Sec. 2317. Southwest Coastal Louisiana

Section 2317 states that the Secretary shall expedite
completion of the project for hurricane and storm damage risk
reduction and ecosystem restoration, Southwest Coastal
Louisiana, Louisiana, authorized by section 1401(8) of WIIN
2016 (130 Stat. 1715).

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

Section 2318 states that, not later than 90 days after the
date of enactment of AWIA 2018, the Secretary shall complete
the New York-New Jersey Harbor and Tributaries Focus Area
Feasibility Study authorized by the first section of the Act of
June 15, 1955 (69 Stat. 132, chapter 140).

Sec. 2319. Lower Brule shoreline stabilization project

Section 2319 states that the Secretary shall carry out a
project for shoreline stabilization on the Lower Brule
Reservation, South Dakota, pursuant to section 203 (33 U.S.C.
2269) of the Water Resources Development Act of 2000 (WRDA
2000). The Federal share of the cost of each separable element
of the project cannot surpass $10 million.

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

Section 2320 states that the Secretary shall use all
existing authorities of the Secretary to mitigate severe
shoaling in carrying out the project for navigation, Hampton
Harbor, New Hampshire.

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

Section 2321 requires that the final feasibility report for
coastal storm management, back bays, New Jersey, should be
completed within six years after the date of initiation of the
feasibility study for the project.

Sec. 2322. Minnesota locks and dams divestment study

Section 2322 requires that the Secretary expedite
completion of the ongoing disposition study regarding the
divestiture of locks and dams in Minneapolis, Minnesota, that
are part of the Upper St. Anthony Falls Lock and Dam. In
completing this study, the Secretary shall include an
examination of the possibility of the partial divestiture of
the locks and dams, an examination of possible changes in their
use, and a plan to expedite divestiture. The Secretary may also
produce separate reports for each lock and dam describing the
results of the study.
Section 2322 authorizes the Secretary to accept and expend
funds to carry out the study that are contributed by a state or
a political Subdivision of the State under the Act of October
15, 1940 (54 Stat. 1176, chapter 884, 33 U.S.C. 701-1).

Sec. 2323. Houma Navigation Canal, Louisiana

Section 2323 requires that the Secretary expedite the
review for the study for navigation and channel deepening,
Houma Navigation Canal, Louisiana.

TITLE III--PRIMARY CORPS OF ENGINEERS ACTIVITIES

SUBTITLE A--CONTINUING AUTHORITIES PROGRAMS

Sec. 3001. Corps of Engineers continuing authorities program

Section 3001 amends specified continuing authorities
program (CAP) authorities.
Subsection (a) amends the Storm and Hurricane Restoration
and Impact Minimization Program under section 3(c) of the Act
of August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C.
426g(c)). Thereunder, $45 million is authorized during any
fiscal year to pay the Federal share of the cost of
construction of small shore and beach restoration and
protection projects or small projects. The total amount
expended for a single project cannot be more than $15 million.
Subsection (b) amends Small River and Harbor Improvement
Projects under section 107 of the River and Harbor Act of 1960
(33 U.S.C. 577). In any fiscal year, the Secretary is
authorized $62.5 million for the construction of small river
and harbor improvement projects. Not more than $12.5 million
can be used for the construction of a project at any single
locality.
Subsection (c) amends Shore Damage Prevention or Mitigation
under section 111 of the River and Harbor Act of 1968 (33
U.S.C. 426i) by providing that Congress can initiate no such
project without specific authorization if the Federal first
cost exceeds $15 million. In addition, subject to available
appropriations, for projects authorized to be carried out at a
cost greater than $10 million the Secretary may provide a
project with an increase in funding equal to the lesser of 50
percent of the authorized amount and $5 million. It also
authorizes $15 million in overall total authorizations.
Subsection (d) amends Regional Sediment Management under
section 204 of WRDA 1992 (33 U.S.C. 2326). The total cost
associated with construction of a project at any single
locality cannot exceed $12.5 million, and $62.5 million is
authorized to carry out the section per fiscal year.
Subsection (e) amends Small Flood Control Projects under
section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
Under this section $82.5 million is authorized for the
implementation of small structural and nonstructural projects
for flood control and related purposes. The project allotment
at a single locality shall not be more than $15 million.
Subsection (f) amends Aquatic Ecosystem Restoration under
section 206 of WRDA 1996 (33 U.S.C. 2330). It amends the
Secretary's general authority by requiring not less than 2
projects be carried out in areas with populations under 80,000
and 2 projects be carried out in areas with populations above
2.5 million. No more than $12.5 million can be used for a
project at any single locality and $62.5 million is authorized
for each fiscal year.
Subsection (g) amends Project Modifications for Improvement
of Environment under section 1135 of the WRDA 1986 (33 U.S.C.
2309a). No more than $15 million in Federal funds may be spent
on any single modification or measure under this section, and
$60 million is authorized to carry out the section. In carrying
out this section in the Upper Missouri River Basin, the
Secretary is to prioritize projects that restore degraded
ecosystems through modification of existing flood risk
management projects.
Subsection (h) amends Emergency Streambank and Shoreline
Protection under section 14 of the Flood Control Act of 1946
(33 U.S.C. 701r). Specifically, $7.5 million is the maximum
amount authorized to be appropriated in any one fiscal year at
any single locality and $25 million is the maximum amount of
authorized funds for the construction, repair, restoration, and
modification of emergency streambank and shoreline protection
works.

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

Section 3002 states that it is the sense of Congress that
Continuing Authorities Programs should receive full
appropriations each fiscal year.

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

Section 3003 reinforces section 1030 of WRRDA 2014 (33
U.S.C. 400), requiring the Secretary to make both the list of
prioritized CAP projects and the annual report required on the
status of each CAP program under section 1030, available via
the Federal Register and on a publicly available website.

SUBTITLE B--NAVIGATION

PART I--Inland Waterways

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

Section 3101 authorizes the Comptroller General to conduct
a study on the Navigation and Ecosystem Sustainability Program,
including determining the obstacles that need to be removed to
implement this program in an expeditious manner. The study must
be completed and submitted to Congress within one year of
enactment of AWIA 2018.

Sec. 3102. McClellan-Kerr Arkansas River Navigation System

Section 3102 states that for the purposes of project
continuation, prior funding for the McClellan-Kerr Arkansas
River Navigation system from appropriations acts enacted prior
to 2009 shall be deemed to have come from construction related
accounts. Further, nothing in this section may be deemed to
alter the existing prioritization for Inland Waterway Trust
fund activities.

PART II--Ports and Harbors

Sec. 3111. Beach renourishment and shoreline protection demonstration
program

Section 3111 directs the Secretary to establish a
demonstration program within 90 days of enactment of AWIA 2018.
It will consist of no more than five projects for beach
nourishment and shoreline protection along the Mid-Atlantic
Coast of the United States.
This section establishes criteria for project selection for
the demonstration program, as well as criteria and other
considerations for its implementation. Associated cost-sharing
requirements will be those applicable to beach renourishment
and shoreline protection projects, and an annual report is
required that includes findings and recommendations of the
Secretary based on the projects completed under the
demonstration program.
This section authorizes $75 million to carry out this
demonstration program until expended and it terminates the
demonstration program after the completion of five projects.

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

Section 3112 authorizes $125 million in appropriations to
fund the Secretary's purchase of a mat sinking unit to maintain
the Mississippi River channel and prevent channel migration,
support uninterrupted river commerce, prevent threats to
levees, and provide for public safety.
The mat sinking unit has been a key component in
maintaining the current Mississippi River channel for 70 years.
However, it is fast approaching a non-reliable status. The
Mississippi Valley Division team initiated a partnership with
the Marine Design Center in June 2014 to develop a conceptual
design for a new mat sinking unit. The Committee believes
authorizing the replacement equipment is essential to commerce
along the Mississippi River.

Sec. 3113. Mat sinking unit

Section 3113 states the sense of Congress that the Corps
should consider entering into a lease to purchase when
considering the least cost alternative for purchasing a mat
sinking unit.

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

Section 3114 states the sense of Congress that periodic
maintenance dredging of the Kennebec River Federal Navigation
Channel should be prioritized based on a joint plan that is
being developed by the Secretary and the Secretary of the Navy.

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

Section 3115 states the sense of Congress that the
Secretary should prioritize annual dredging for the harbor in
Wilmington, Delaware.

Sec. 3116. Port of Arlington

Section 3116 would amend the existing authorization to
allow the Secretary to reimburse the Port of Arlington, Gillam
County, Oregon, up to $3.2 million for expenses incurred by the
Port in the construction of its dock and the ensuing revocation
of the associated regulatory permit.

Sec. 3117. Pearl River Basin demonstration program

Section 3117 directs the Secretary to establish a
demonstration program to allow a project authorized under
section 211 of WRDA 1996 (33 U.S.C. 701b-13) to begin
preliminary engineering and design (PED) after the completion
of a feasibility study and an environmental impact statement
(EIS) for the project. For each project authorized to begin PED
under the demonstration program, the project must conform to
the final feasibility study and EIS for the project. The
Secretary and the non-Federal sponsor must also jointly agree
to the construction design of the project. Repayment by the
non-Federal sponsor is required if the project does not receive
a favorable Chief's Report. The Secretary's authority to carry
out the demonstration program terminates five years after
enactment of AWIA 2018.

Sec. 3118. Expedited initiation

Section 3118 directs the Secretary to give priority funding
and expedited completion of reports for certain listed projects
under section 1322(b)(2) of WIIN 2016 (130 Stat.1707). This
provision also allows for the immediate initiation of PED for
the projects once the general revaluation report has been
submitted to the Major Subordinate Command for approval.

Sec. 3119. Beneficial use of dredged sediment

Section 3119 ensures that an easement for a beach
nourishment project that does not require regular nourishment
does not exceed the anticipated life-cycle of the project by
more than 200 percent.

Sec. 3120. Rule for beach nourishment and shoreline protection projects

Section 3120 states that the Secretary shall proceed with
any beach nourishment or shoreline protection project as long
as the project benefits are equal to or greater than the costs.
The Committee intends this provision to allow the Corps to
budget for and conduct beach nourishment and shoreline
protection projects with a BCR of one or greater. This
provision will allow beach nourishment and shoreline protection
projects to be treated similarly to ecosystem restoration
projects when the Corps considers BCR calculations and project
budgeting.

PART III--Miscellaneous Provisions

Sec. 3121. Report on debris removal

Section 3121 requires the Secretary to report to Congress
within 180 days of enactment of AWIA 2018 the extent to which
the Corps has used its authority to remove debris from Federal
channels and adjacent waters. The report must also describe the
method in which the Secretary has evaluated potential debris
removal projects and detail recommendations for a pilot program
to implement this authority.

Sec. 3122. Cape Arundel Disposal Site, Maine

Section 3122 authorizes the Cape Arundel Disposal Site for
dredge material disposal to remain open until the date on which
the Site does not have any remaining disposal capacity, the
date upon which the EIS designating an alternative dredge
material disposal site for southern Maine has been completed,
or through December 31, 2021.

Sec. 3123. Delaware River navigation project

Section 3123 amends section 1131(3) of WRDA 1986 (100 Stat.
4246) by increasing the existing 10 foot height limit
authorization to 35 feet for the deposit of dredge material
from the Delaware River, Philadelphia navigation project.

Sec. 3124. Sense of Congress relating to erosion on the banks of the
Ohio River near Clarksville, Indiana

Section 3124 states the sense of Congress that the
Secretary may use authority under section 9 of the Flood
Control Act of 1946 (60 Stat. 643, chapter 596) to remedy the
erosion issues on the Ohio River near Clarksville, Indiana.

SUBTITLE C--LOCKS, DAMS, LEVEES, AND DIKES

Sec. 3201. Certain levee improvements

Section 3201 states that where Corps-owned levees are tied
hydraulically to community-owned levees, the Secretary is
encouraged to cooperate with non-Federal sponsors on ways to
implement necessary improvements to the Federal project.

Sec. 3202. Rehabilitation of Corps of Engineers constructed dams

Section 3202 raises the per project cost limit under
section 1177 of WIIN 2016 (33 U.S.C. 467f-2 note; P.L. 114-322)
from $10 million to $40 million for rehabilitation of pre-1940
Corps constructed dams to address aging flood control
reservoirs constructed, or contributed to, by the Corps.

Sec. 3203. Non-Federal dams

Section 3203 authorizes the Secretary to accept non-Federal
funds from the owners of non-Federal dams for the review and
revision of water operations manuals and flood control curves
where the Corps regulates the non-Federal facilities for flood
control under section 7 of the Flood Control Act of 1944 (58
Stat. 890, chapter 665, 33 U.S.C. 709).

Sec. 3204. Reauthorization of National Dam Safety Program Act

Section 3204 extends the authorization of appropriations
for the National Dam Safety Program Act (33 U.S.C. 467j) at
$13.9 million for each of fiscal years 2020 and 2021. The
Federal Emergency Management Agency's Dam Safety Program
includes the development of a dam safety education and
awareness initiative to assist the public in preparing and
mitigating for, responding to, and recovering from dam
incidents.

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

Section 3205 states the sense of Congress that the Corps
should expeditiously issue implementation guidance for section
1139 of WIIN 2016 (33 U.S.C. 467n note; P.L. 114-322) for dam
safety repair projects.

Sec. 3206. Reauthorization of national levee safety program

Section 3206 extends the authorization of appropriations
for the national levee safety program for fiscal years 2020 and
2021, for a total of $158 million. This national levee safety
initiative includes the establishment of voluntary levee safety
guidelines and technical assistance to states to create local
levee safety programs.

Sec. 3207. Reauthorization of lock operations pilot program

Section 3207 extends the authorization of the lock
operations pilot program for the acceptance and expenditure of
funds contributed by non-Federal interests until June 10, 2024.
This authorizes the acceptance and expenditure of funds
contributed by non-Federal interests to operate and maintain
specific locks located on the nation's inland waterways
transportation system.

Sec. 3208. Restricted areas at Corps of Engineers dams

Section 3208 extends the prohibition against the Secretary
from installing permanent barriers or restricting public access
(``Freedom to Fish'') in the vicinity of the 10 dams on the
Cumberland River in Kentucky and Tennessee for five years after
enactment of AWIA 2018.

Sec. 3209. Certain Bureau of Reclamation dikes

Section 3209 establishes a 100 percent Federal share for
the operations and maintenance costs of a dike owned by the BOR
on the date of enactment of AWIA 2018, if the construction of
the dike was completed by December 31, 1945, and a corrective
action study was completed on the project not later than
December 31, 2015.

Sec. 3210. Rehabilitation of high hazard potential dams

Section 3210 amends section 8A of the National Dam Safety
Program Act (33 U.S.C. 467f-2) to require a non-Federal sponsor
to demonstrate, as a condition of receiving assistance, that an
emergency action plan is in place to protect life and property
in the area potentially affected by a breach of the dam.
Emergency action plans must address incident detection,
evaluation, and emergency level determination; notification and
communication; emergency actions; termination and follow-up;
and public education and awareness of the emergency action
plan.

Sec. 3211. Maintenance of high risk flood control projects

Section 3211 requires that in any case in which the
Secretary has assumed responsibility for the maintenance of a
class III project under the Dam Safety Action Classification of
the Corps. The Secretary shall continue to be responsible for
its maintenance until either the Secretary determines that the
project has been modified to reduce the risk and the project is
no longer classified as a class III, or 15 years after the
enactment of AWIA 2018.

SUBTITLE D--WATER SUPPLY

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

Section 3301 authorizes the Secretary of the Interior, in
consultation with the State of Wyoming, to amend the Definite
Plan Report for the Seedskadee Project, which was authorized
under 43 U.S.C. 620. The project provides water storage and
regulation on the Green River and generates power for municipal
and industrial use, as well as wildlife and recreational
benefits. The goal is to amend the Definite Plan Report to
provide for the study, design, planning and construction
activities that will enable the use of all active storage
capacity of Fontenelle Dam and Reservoir, including the
placement of sufficient riprap to allow the active storage
capacity of the reservoir to be used for the authorized
purposes of the Seedskadee Project. The Secretary of the
Interior may enter into agreements necessary to carry out these
activities and the State of Wyoming must provide the Secretary
with funds for any such activities providing additional storage
at Fontenelle Dam and Reservoir.

Sec. 3302. Pricing of water storage contracts

Section 3302 requires the Secretary to price each water
storage contract entered into at fair market value. Such
pricing will not exceed 110 percent of the lowest-contracted
price at any Corps facility located within 50 miles of the
water source covered by the contract, as adjusted for
inflation.

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

Section 3303 requires the Secretary to submit a report to
Congress by June 30, 2019, on the status of implementing Water
Supply Contract No. DACW29-68-A-0130 at Wright Patman Lake,
Texas.

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

Section 3304 states the sense of Congress that the
Secretary should implement the Department of the Army, Civil
Works Contract No. 29-68-A-0130, at Wright Patman Lake, Texas,
in an expeditious manner and in accordance with all applicable
Federal and state water laws. This includes through the
acceptance and expenditure of funds contributed by a non-
Federal interest for any study required by law.

Sec. 3305. City reservoir expansion pilot program

Section 3305 requires that the Secretary establish a pilot
program to expedite the review of applications for a permit
from the Secretary to expand a reservoir for which not less
than 80 percent of the water rights are for community drinking
water supplies in order to accommodate projected water supply
needs of a city with a population of less than 80,000. Further,
the application must be from a city in which any portion of the
water resources available to the community are polluted by
chemicals used at a formerly used defense site and for which
mitigation is ongoing. This pilot program authority expires 10
years from enactment of AWIA 2018.

Sec. 3306. Sense of Congress relating to water-related infrastructure
in Idaho, Montana, rural Nevada, New Mexico, rural Utah, and
Wyoming

Section 3306 states the sense of Congress that the
authorization of appropriations under section 595(i) (113 Stat.
384; 128 Stat. 1316; 130 Stat. 1681) of the Water Resources
Development Act of 1999 (WRDA 1999), for water, wastewater,
environmental restoration and surface water protection projects
in certain rural states should be maintained at not less than
$75 million.

Sec. 3307. Groundwater and well water testing and treatment program

Section 3307 mandates that the Secretary carry out a
program for projects located in disadvantaged communities or
with populations under 100,000 where there may be contamination
in the drinking water supply and where the local government is
requesting assistance in the testing and treatment of water
wells. Eligible projects must be in reasonable proximity to an
active military base, a formerly used defense site undergoing
environmental remediation, or any industrial site. This section
authorizes $50 million, to remain available until expended, to
carry out this section.
It is the Committee's intent for this provision to be
interpreted to include contaminants and pollutants that are
hazardous or potentially hazardous to human health, even if
those contaminants are not currently regulated. The Committee
also intends for this provision to be applied broadly to
situations where contamination enters the drinking water supply
through various means such as ditches, tunnels, conduits or
other means, regardless of the type of industrial site, whether
it is military, commercial or agricultural. Finally, it is the
Committee's intent that the type of industrial site eligible
for assistance under this section to be interpreted broadly to
include any commercial activity.

SUBTITLE E--SEDIMENT MANAGEMENT

Sec. 3401. Missouri River reservoir sediment management

Section 3401 amends section 1179(a) of WIIN 2016 (130 Stat.
1675) to require the Secretary of Interior and the Secretary to
prioritize funds for multi-state sediment management plans. The
language makes clear that the BOR shall participate in this
sediment management pilot program.
The Committee recognizes the importance of water storage
capacity to rural and western communities. Federal reservoirs
have gradually seen a reduction in water storage capacity
associated with sediment buildup to the detriment of farmers,
ranchers, and rural communities. The Committee directs the
Corps to implement these sediment removal provisions in an
expeditious manner in order to restore these reservoirs to
their intended storage capacity.

Sec. 3402. Reservoir sediment

Section 3402 amends section 215 of WRDA 2000 (33 U.S.C.
2326c). It makes permanent a pilot program that requires the
Secretary, within 180 days of enactment of AWIA 2018, to accept
services by a non-Federal interest or commercial entity for the
removal of sediment captured behind a dam that is owned and
operated by the U.S. and under the jurisdiction of the
Secretary. The purpose is to restore the authorized storage
capacity of the dam.
Section 3402 requires that a report by the Secretary be
submitted to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on the results
of the program within three years of enactment of AWIA 2018.

Sec. 3403. Regional sediment management

Section 3403 amends section 204 of WRDA 1992 (33 U.S.C.
2326) to address sediment buildup behind an authorized Federal
water resources project or a reclamation project, including
Federal reservoirs authorized for flood control.
This section requires that the Secretary and the
Commissioner of Reclamation develop in consultation with one
another regional sediment management plans at full Federal
expense (subject to the availability of appropriations).
Additionally, the Secretary and the Commissioner must carry out
projects at locations identified in the regional sediment
management plans, or identified jointly by the non-Federal
interest and the Secretary or the Commissioner, as applicable,
for the sediment's use in the construction, repair,
modification, or rehabilitation of Corps and BOR projects.

SUBTITLE F--FLOOD RISK MANAGEMENT

Sec. 3501. Ice jam prevention and mitigation

Section 3501 amends section 1150(c) of WIIN 2016 (33 U.S.C.
701s note; P.L. 114-322) by making permanent the pilot program
for preventing and mitigating flood damages associated with ice
jams. In addition to increasing the minimum number of pilot
projects to be carried out by the Secretary from 10 to 20, this
section requires the selection of at least one project on a
reservation that serves more than one Indian tribe. In
addition, projects in the Upper Mississippi River Basin are to
be given priority under this section.
The Committee is aware of recent ice jam flooding events in
the United States that have caused significant damage to both
homes and property in cold weather regions such as the western
and northeastern United States. This has caused a severe
financial burden as a result. Therefore, the Committee directs
the Corps to prioritize reducing the impact and threat posed by
ice jam flooding across the country.

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

Section 3502 prioritizes funds to section 4003(a) of WRRDA
2014 (128 Stat. 1311, 130 Stat. 1677) for flood and drought
monitoring in the Upper Missouri Basin. The WRRDA 2014
provision provides for the Secretary, in coordination with the
National Oceanic and Atmospheric Administration, the United
States Department of Agriculture's Natural Resources
Conservation Service, the U.S. Geological Survey, and BOR, to
carry out activities to improve and support management of Corps
projects. This includes soil moisture and snowpack monitoring,
restoring and maintaining existing snowpack monitoring sites,
and operating streamflow gauges.
The Committee understands that section 4003(a) of WRRDA
2014 has not been implemented due to a lack of appropriated
funds. However, the Committee emphasizes that the importance of
such flood and drought monitoring to communities in the Upper
Missouri River Basin necessitates that the Corps prioritize
funding for this monitoring in order to protect lives and
properties in the region.

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

Section 3503 mandates that the Secretary complete a study
of flooding within urban floodplains within one year of
enactment of AWIA 2018. Specifically, the study is to examine
current Federal policy constraints on the Corps' ability to
address urban flooding. This includes the ``800-cfs rule'' to
distinguish between urban flooding versus local drainage
issues.

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

Section 3504 states that specified flood control projects
in the Kansas City, Missouri and Kansas City, Kansas are to be
considered a single project for budgeting purposes. This
project is not subject to a new start decision because
construction funds have already been provided for both
component projects. The costs were authorized in section
1401(2) of WIIN 2016 (130 Stat. 1710).

Sec. 3505. Fargo-Moorhead Metropolitan Area Diversion Project, North
Dakota

Section 3505 states that beginning on the date of enactment
of AWIA 2018, any property in North Dakota acquired through
hazard mitigation assistance (provided under specified
statutory authorities) subject to any open space deed
restriction shall be exempt from those restrictions to the
extent necessary to complete the Fargo-Moorhead Metropolitan
Area Diversion Project. This exemption is subject to conditions
under this section relating to new or additional structures on
the property, as well as any subsequent use of the land on the
property that is unrelated to the Project.

SUBTITLE G--RIVER BASINS, WATERSHEDS, AND COASTAL AREAS

Sec. 3601. Long-term flood risk reduction, Upper Missouri River Basin,
Snake River Basin, and Red River Basin

Section 3601 amends section 5 of the Flood Control Act of
1941 (55 Stat. 650, chapter 377; 33 U.S.C. 701n) by adding a
new subsection regarding long term flood-risk reduction. It
requires the Secretary to provide extended emergency assistance
(beyond 30 days) to communities with non-Federal levees that
are threatened or damaged by floods or storms. Specifically, it
requires the Secretary to provide assistance for the operations
and maintenance of any project constructed under section 5 of
the Flood Control Act of 1941 that becomes permanent due to the
extended presence of assistance from the Secretary from the
emergency fund for natural disaster response preparedness.
Under the new subsection (f), the Secretary may provide
assistance for any period, and a project carried out under the
subsection is subject to the cost-sharing provisions that would
otherwise apply to such a project. This authority to provide
assistance expires 10 years after enactment of AWIA 2018.

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

Section 3602 expresses the sense of Congress that non-
Federal entities may provide resources for emergency repairs
under section 1024 of WRRDA 2014 (33 U.S.C. 2325a), regardless
of the cause of the emergency.

Sec. 3603. Sense of Congress on emergency management assistance

Section 3603 states the sense of Congress that the
Secretary may provide technical assistance and other support to
state emergency management agencies to assist in the
development of handbooks for floodplain managers. These
handbooks should include policies to help manage the risks of
coastal and river flooding. In addition, these handbooks should
consider coastal protection solutions that promote resilience,
such as living shorelines, as well as regional sediment
management.

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

Section 3604 increases the amount of authorized
appropriations under the Great Lakes Fish and Wildlife
Restoration Act of 1990 (16 U.S.C. 941g) by 10 percent for each
of fiscal years 2019 through 2021.

Sec. 3605. Great Lakes Restoration Initiative

Section 3605 increases the amount of authorized
appropriations for the Great Lakes Restoration Initiative by an
additional $30 million each fiscal year 2019 through 2021.

Sec. 3606. Great Lakes Coastal Resiliency study

Section 3606 authorizes the Great Lakes Coastal Resiliency
study under section 729 of WRDA 1986 (33 U.S.C. 2267a), to
coordinate a strategy and recommend actions to manage and
protect the Great Lakes coastline from threats such as lake
level fluctuations, erosion, flooding, nutrient runoff, and
poor performing or aging infrastructure.

Sec. 3607. Special rule for beach nourishment

Section 3607 reauthorizes a non-Federal interest to request
a Corps study of hurricane and storm damage reduction projects
to determine if there is a Federal interest in carrying out an
additional 15 years of work. If the study is favorable, the
non-Federal interest may request project specific authorization
through the Annual Report process described in WRRDA 2014
section 7001 (33 U.S.C. 2282d).
For those projects that will expire in the next five years,
the Corps is reauthorized to continue nourishment work for an
additional six years for each project, providing an opportunity
for those impacted non-Federal interests to work through the
study process and Annual Report requirements.

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

Section 3608 states that for hurricane and storm damage
reduction projects with beach nourishment that will expire
within five years of enactment of AWIA 2018, such projects will
remain eligible for nourishment for an additional six years.

Sec. 3609. Snake River Basin flood prevention action plan

Section 3609 requires that the Secretary develop a flood
prevention action plan for each state or portion of a state
within the Snake River Basin as soon as practicable after the
enactment of AWIA 2018. The plans should be developed in
consultation with the Commissioner of Reclamation. It further
requires that following coordination with local stakeholders, a
report be submitted within 180 days of AWIA 2018's enactment to
the Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House
of Representatives on these developed flood prevention plans.
The Committee recognizes that 2017 was a record year for
runoff in the Upper Snake River Basin, causing communities in
the region to experience significant flooding. In particular,
this included the area around Jackson Lake, Wyoming. This
spring, runoff predictions were 136 percent above average for
the region, which presents further risk of severe flooding. The
Committee recognizes that landowners and stakeholders have
serious concerns for how the Corps and the BOR have managed the
spring runoff out of Jackson Lake and down the Snake River. The
Committee seeks assurances that the Corps will work with the
BOR to protect these communities to minimize flooding in the
region.

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

Section 3610 amends section 123(d) of the CWA (33 U.S.C.
1275(d)) by authorizing $5 million for fiscal year 2019 and $30
million for each of fiscal years 2020 and 2021 to carry out
Columbia River Basin restoration.

Sec. 3611. Middle Rio Grande peak flow restoration

Section 3611 authorizes the continuation of a temporary
deviation in the operation of Cochiti Lake and Jemez Canyon
Dam. It requires that within one year of enactment of AWIA 2018
that the Secretary and the Secretary of the Interior conduct
and submit to Congress a feasibility study to address
limitations on the timing, magnitude, and duration of flows
that support Federally-listed species in the Middle Rio Grande.
The temporary deviation may only be implemented if approvals
are first obtained from the Pueblo de Cochiti, Pueblo of Santa
Ana, and the Rio Grande Compact Commission.

Sec. 3612. North Atlantic Division report on hurricane barriers and
harbors of refuge in New England

Section 3612 requires the Secretary, in consultation with
state and local experts in the North Atlantic Division of the
Corps, to submit to Congress a report within one year of
enactment of AWIA 2018. It should examine the durability and
resilience of existing hurricane barriers and harbors of
refuge. Particular consideration is to be given as to how those
structures will survive and fully serve their planned levels of
protection under current, near, and longer-term future
predicted sea levels, storm surge, and storm strength.

Sec. 3613. Study on innovative ports for offshore wind development

Section 3613 requires the Secretary to carry out a study
within one year of enactment of AWIA 2018 of ports in the Mid-
Atlantic and New England regions. It should identify barriers
to offshore wind development, actions needed to facilitate
offshore wind development at ports, and recommendations on
further research needed to improve ports for this technology.
The Secretary shall conduct the study in consultation with the
Secretary of Energy and the Secretary of the Interior, in
addition to Governors, local governments, and relevant experts,
and submit to Congress a report describing the results of the
study.

Sec. 3614. Report on Corps of Engineers activities

Section 3614 requires the Corps to submit a report to
Congress within one year of enactment of AWIA 2018. It should
identify ongoing and recently completed Corps work in coastal
states, analyzing how that work relates to state-approved
coastal plans, and make recommendations as to how these state-
approved plans can be better incorporated into the Corps' work.

SUBTITLE H--ENVIRONMENTAL MANAGEMENT

Sec. 3701. Reauthorization of Rio Grande environmental management
program

Section 3701 extends the reauthorization for the Rio Grande
environmental management program at $15 million for fiscal
years 2020 and 2021, for a total of $30 million. The Rio Grande
environmental management program authorizes long-term data
collection, analysis, and monitoring, with applied research and
adaptive management.

Sec. 3702. Amendments to Long Island Sound programs

Section 3702 would amend the Clean Water Act (33 U.S.C.
1269) by restating that the Administrator of the Environmental
Protection Agency (the EPA Administrator) is to establish an
office (the Office) near or on the Long Island Sound (Sound) to
identify and assess vulnerabilities to the Long Island Sound
watershed and develop and implement plans and activities to
address them. Activities to identify and assess the impacts of
sea-level rise and increase public education about the
watershed would also be authorized.
Section 3702 would direct the EPA Administrator to
coordinate the actions of all Federal departments and agencies
that address water quality in the Long Island Sound and ensure
that Federal restoration activities in the watershed are
consistent with the Comprehensive Conservation and Management
Plan. The section would direct the EPA Administrator to report
on the activities of the Office and health of the ecosystem.
The President of the United States will provide a budget plan
for activities that includes an interagency crosscut budget on
all Federal activities related to restoration in the Long
Island Sound. The section would authorize ``such sums as
necessary'' through fiscal year 2021 for these activities.
Section 3702 would also reauthorize the Long Island Sound
Stewardship Act of 2006, the Long Island Sound Grants, and the
Long Island Sound Stewardship Grants through fiscal year 2021.
The section would authorize appropriations of $65 million per
year from fiscal years 2019 through 2021 to fund grant
programs. The Federal share of costs under these grant programs
would increase from 50 percent to 60 percent under the section.

Sec. 3703. Sense of Congress relating to the Cano Martin Pena ecosystem
restoration project

Section 3703 states the sense of Congress that the
Secretary should advance the project for ecosystem restoration,
Cano Martin Pena, Puerto Rico.

SUBTITLE I--TRIBAL PROGRAMS

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

Section 3801 extends the period in which the Secretary must
adjust the $200,000 cost-share waiver ceiling for inflation for
all studies and project conducted by non-Federal interests in
U.S. territories or by any Indian tribe. This inflation
adjustment period was last amended by section 1032 of WRRDA
2014 (128 Stat. 1233) to end on June 10, 2014, and this section
of AWIA 2018 extends that period to the date of enactment of
AWIA 2018.

Sec. 3802. Tribal Partnership Program

Section 3802 increases the authorization of appropriations
for the Tribal Partnership Program from $10 million to $15
million per project. It amends section 203(b)(4) of WRDA 2000
(33 U.S.C. 2269(b)(4)) so that the Secretary may carry out the
design and construction of a water resources development
project that will substantially benefit Indian tribes, located
primarily within Indian country, if the Federal cost of the
project is under $15 million. Should the Federal share of the
cost of a project be more than $15 million, then the Secretary
may only carry out the project if Congress enacts a new law.

Sec. 3803. Blackfeet water rights settlement

Section 3803 adjusts the authorization for the Blackfeet
Water Rights Settlement. The Blackfeet Water Rights Settlement
was enacted as part of WIIN 2016. This section allows the
Blackfeet Tribe to receive access to funding in a timely manner
so that they may complete a range of water-related
infrastructure projects on Tribal lands.

Sec. 3804. Bonneville Dam, Oregon

Section 3804 requires that the Secretary, in consultation
with the Secretary of the Interior, to examine and assess the
degree to which Tribes have been displaced as a result of the
construction of the Bonneville Dam in Oregon. If the Secretary
determines that based upon the assessment assistance is
required then the Secretary may use all existing authorities to
assist Indians displaced because of the construction of the
dam.

Sec. 3805. John Day Dam, Oregon

Section 3805 requires that the Secretary, in consultation
with the Secretary of the Interior, to examine and assess the
degree to which Tribes have been displaced as a result of the
construction of the John Day Dam in Oregon. Should the
Secretary determine that based upon the assessment that
assistance is required then the Secretary may use all existing
authorities to assist Indians displaced because of the
construction of the dam.

Sec. 3806. Dalles Dam, Oregon

Section 3806 mandates that the Secretary, in consultation
with the Secretary of Interior, complete a village development
plan for any tribal village submerged due to the construction
of the Dalles Dam in Oregon. The plan will include a cost
estimate and tentative schedule for the construction of the
replacement village. Section 3806 allows the Secretary to
acquire land from willing land owners in order to carry out the
village development plan.

Sec. 3807. Indian irrigation fund reauthorization

Section 3807 reauthorizes the Indian Irrigation Fund
through September 30, 2028, and continues key provisions
related to the funding and expenditures from the Indian
Irrigation Fund through fiscal year 2028.
The Committee recognizes the continuing problem of aging
infrastructure on Tribal lands and maintains its commitment to
repairing and modernizing these aging tribal irrigation systems
to ensure the economic viability and sustainability of these
communities.

Sec. 3808. Reauthorization of repair, replacement, and maintenance of
certain Indian irrigation projects

Section 3808 requires the Secretary of the Interior to
continue to use, or transfer from the ``Indian Irrigation
Fund'' to the Bureau of Indian Affairs, funds for maintenance,
repair, and replacement activities for Indian irrigation
projects each fiscal year through 2028. This section also
mandates that the Assistant Secretary for Indian Affairs
continue to submit progress reports to Congress about how to
address deferred maintenance needs and utilize the same
prioritization criteria for Indian irrigation funding through
fiscal year 2028.

Sec. 3809. Indian dam safety reauthorization

Section 3809 extends key provisions concerning funding and
expenditures from the ``High-Hazard Indian Dam Safety Deferred
Maintenance Fund'' and the ``Low-Hazard Indian Dam Safety
Deferred Maintenance Fund'' through fiscal year 2030. Both
funds will terminate on September 30, 2030, under this section
of AWIA 2018.
Section 3809 also extends the Flood Plain Management
Program established by the Secretary of Interior by an
additional seven years to December 16, 2027. It further states
that funds shall continue to be made available from the ``High-
Hazard Indian Dam Safety Deferred Maintenance Fund'' and the
``Low-Hazard Indian Dam Safety Deferred Maintenance Fund'' for
each fiscal year through 2026 to carry out the flood plain
management pilot program. This program shall provide, at the
request of an Indian tribe, guidance to the Indian tribe
relating to best practices for the mitigation and prevention of
floods.

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

Section 3810 requires the Comptroller General to submit to
Congress a report concerning efforts to relocate Alaska Native
Villages due to flooding and erosion threats. This is meant to
update the prior report of the Comptroller General dated June
2009.
The report must include a summary of flooding and erosion
threats to Alaska Native villages, the status of efforts to
relocate Alaska Native villages due to flooding and erosion
threats, and any other related issues the Comptroller General
determines are appropriate.

Sec. 3811. References to Indian tribes

Section 3811 conforms the definitions of Indian tribe with
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304) to allow all recognized tribal entities to
participate as a non-Federal sponsor on projects, as well as
obtain cost-share waivers that are currently available to
tribes. It also substitutes a definition that recognizes all
tribes and tribal organizations that work on behalf of tribes.

TITLE IV--SENSE OF CONGRESS RELATING TO CERTAIN PROJECTS

Sec. 4001. Sense of Congress relating to certain projects

Section 4001 states that many projects awaiting Chief's
Reports and PACRs are extremely valuable, and thus, the
Secretary should expeditiously complete these decision
documents.
Section 4001 references the following (17) Chief's Reports:
San Joaquin River, California; Pawcatuck River, Rhode Island;
Hashamomuck Cove, New York; Delaware River, Delaware, New
Jersey, and Pennsylvania; Seattle Harbor, Washington; Three
Rivers, Arkansas; San Juan Harbor, Puerto Rico; Resacas at
Brownsville, Texas; Anacostia Watershed, Prince George's
County, Maryland; Willamette River Basin, Oregon; Norfolk,
Virginia; Armourdale and Central Industrial District Levee
Units, Missouri River and Tributaries at Kansas City, Kansas;
Houma, Louisiana; Souris River Basin, Minot, North Dakota;
Delta Islands and Levees, California; and Norfolk Harbor and
Channels, Virginia.
Section 4001 also references the following (11) projects
awaiting PACRs: Chickamauga Lock, Tennessee; South Florida,
Florida; Freeport Harbor, Texas; Soo Locks, Sault Sainte Marie,
Michigan; Central Everglades, Florida; Howard A. Hanson Dam,
Washington; Green Brook Sub-Basin, Raritan River Basin, New
Jersey; Fort Pierce Beach, Florida; McMicken Dam, Arizona; Cave
Buttes Dam, Arizona; and Mississippi River to Shreveport (Red
River Waterway), Louisiana.

TITLE V--EPA RELATED PROVISIONS

Sec. 5001. Stormwater infrastructure funding task force

Section 5001 requires that the EPA Administrator establish
a voluntary stormwater infrastructure funding task force within
180 days of enactment of AWIA 2018. The taskforce will consist
of public, private, and Federal participants to study and
develop recommendations to improve the funding and financing of
stormwater infrastructure.
Under section 5001, within 18 months after enactment of
AWIA 2018, the EPA Administrator will submit a report to
Congress describing the results of the study.

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

Section 5002 extends through fiscal year 2021 the current
annual $100 million authorization (split evenly between EPA and
the Corps) for the Water Infrastructure Finance and Innovation
Act of 2014 (33 U.S.C. 3912), totaling $200 million. It further
extends the authority of the EPA Administrator or the Secretary
of the Army to use up to $2.2 million of the appropriated
amounts each fiscal year for administrative costs.
The Committee recognizes the importance of leveraging
taxpayer dollars in order to deliver critical water
infrastructure projects. This financial tool maximizes the
impact of Federal dollars, allowing for the realization of
projects that otherwise might not be built.

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

Section 5003 requires that the EPA Administrator carry out
a pilot program consisting of 20 pilot projects to improve
existing drinking water lines or towers or wastewater lagoons
that are insufficient to meet community needs. Ten projects
must be both within the Upper Missouri River Basin and on a
reservation that serves a federally recognized Indian Tribe and
10 projects must be both within the Upper Rio Grande River
Basin and on a reservation that serves a federally recognized
Indian Tribe. At least one qualifying pilot project must be
selected that serves more than one federally recognized Indian
tribe.

Sec. 5004. Technical assistance for treatment works

Section 5004 is the Small and Rural Community and Medium-
sized Clean Water Technical Assistance Act. It would authorize
appropriations for EPA to provide grants to qualified nonprofit
organizations to provide technical assistance to owners and
operators of small ($15 million/fiscal year) and medium ($10
million/fiscal year) wastewater systems to assist in achieving
CWA compliance or assist in obtaining financing for eligible
clean water projects. In total, this section authorizes to be
appropriated $25 million for each of fiscal years 2019 through
2021. These grants provide for training and technical
assistance to water treatment works that serve communities with
populations of not more than 10,000 individuals (small), and
not fewer than 10,001 and not more than 75,000 individuals
(medium).
Section 5004 would further amend the CWA to authorize
states to use an additional 2 percent of their annual CW SRF
capitalization grant for qualified nonprofit treatment works to
provide technical assistance to these communities.
The Committee recognizes the importance of technical
assistance for small, rural, and medium water systems. It is
the Committee's view that onsite technical assistance,
specifically circuit riders, provides the most effective
assistance for these communities that are struggling to comply
with Federal regulations. The use of remote training does not
provide these communities with sufficient assistance required
for these complicated and system-specific issues. Further, when
EPA is deciding what entities should be awarded these technical
assistance grants, considerable weight should be given to the
preferences of those communities receiving the assistance.

Sec. 5005. Clean, safe, reliable water infrastructure

Section 5005 expands authorized activities under the SDWA
SRF provisions to authorize states to use up to 10 percent of
their Drinking Water SRF capitalization grant to implement
source water protection plans.
Section 5005 also amends the SDWA SRF provisions to provide
that, for communities with populations greater than 10,000, the
Brooks Act (40 U.S.C. Ch. 11), or equivalent state
requirements, applies to the negotiation of contracts to be
carried out using SRF funds.
Section 5005 further amends SDWA to establish at EPA the
voluntary WaterSense program, which identifies and promotes
water efficient products through voluntary labeling. This
section amends section 221 of the CWA to authorize to be
appropriated for sewer overflow control grants $225 million for
fiscal years 2019 and 2020, and to make stormwater management
measures eligible for such grants.

Sec. 5006. Water infrastructure flexibility

Section 5006 provides the opportunity for municipalities to
develop integrated plans for wastewater and stormwater
management, and to assist communities in meeting municipal
discharge requirements under the CWA. This section also allows
municipal discharge permits to incorporate schedules of
compliance to meet water quality standards, and clarifies that
compliance actions may include the construction of green
infrastructure if implemented as part of an effluent limit.
Section 5006 establishes within EPA an Office of the
Municipal Ombudsman that provides related technical assistance
to municipalities.
Finally, section 5006 provides new criteria for determining
the ability of households to pay utility bills, and removes the
existing method that utilizes median household income.

Sec. 5007. Water Resources Research Act amendments

Section 5007 amends the Water Resources Research Act of
1984 (42 U.S.C. 10301). This section authorizes each state and
territory to provide funding to one designated research
institute, such as a university, to conduct research for water
and water resources technology and innovation. In addition,
this section includes a Congressional finding that additional
research is required relating to several specified topics
(nonstructural alternatives, decentralized approaches, energy
use efficiency, water use efficiency, and actions to extract
energy from wastewater) to increase the effectiveness and
efficiency of new and existing treatment works.
Section 5007 would also require the Secretary of the
Interior to write a report once every three years regarding the
compliance of each grantee receiving funds under 42 U.S.C.
10303(c) for the preceding fiscal year. Based on an evaluation
(also every three years) of the quality and effectiveness of
the research of each institute receiving grants, the Secretary
may prohibit further funding.
This section authorizes $9 million for each of fiscal years
2019 through 2021.

Sec. 5008. Study on intractable water systems

Section 5008 defines ``intractable water system'' for use
under section 1459c of the SDWA (42 U.S.C. 300j). It also
requires that within two years of enactment of this section of
AWIA 2018, the EPA Administrator, in consultation with the
Secretary of Health and Human Services and the Secretary of
Agriculture, must complete a study identifying intractable
water systems and describe barriers to delivery of potable
water to individuals.

Sec. 5009. National onsite wastewater recycling

Section 5009 states the sense of Congress that providing
communities with the knowledge and resources necessary to fully
use decentralized wastewater systems can provide affordable
wastewater recycling and treatment to millions of people in the
United States.
Section 5009 requires that for specified programs that
provide technical assistance for wastewater management, that
the EPA Administrator update information on cost effective and
alternative wastewater recycling and treatment systems, and
disseminate that information to local government and nonprofit
organizations seeking Federal funds for wastewater systems.
Section 5009 amends the CWA (33 U.S.C. 1251 et seq.). It
requires states, when providing assistance from CW SRFs for a
wastewater system project serving a population less than or
equal to 2,500, to ensure that the entity receiving assistance
from the SRF certifies that it has considered an individual or
shared onsite, decentralized wastewater system as an
alternative waste water system.
Section 5009 also requires the EPA Administrator to submit
a report to Congress describing the amount of financial
assistance provided by CW SRFs to deploy decentralized
wastewater recycling technologies. This report shall also
review the barriers affecting greater use of decentralized
wastewater recycling technologies, the cost-saving potential to
communities and future infrastructure investments from further
deployment of decentralized wastewater recycling technology,
the environmental benefits to the community and groundwater
quality from additional investments in decentralized wastewater
recycling, and the actions taken by the EPA Administrator to
assist States in identifying eligible projects using
decentralized wastewater recycling technology. Such a report
must be completed and submitted to Congress within one year
after enactment of AWIA 2018, and at least once every three
years thereafter.

Sec. 5010. Water infrastructure and workforce investment

Section 5010 expresses that it is the sense of Congress
that water and wastewater utilities provide a unique
opportunity for access to stable, high-quality careers. This
section also establishes a competitive grant program to promote
the development of innovative activities relating to workforce
development in the water utility sector.

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

Section 5011 states the sense of Congress that Congress
should provide robust funding of capitalization grants to
States to fund SDWA SRFs established under section 1452 of the
SDWA (42 U.S.C. 300j-12) and the CWA SRFs established under
title VI of the CWA (33 U.S.C. 1381 et seq.).

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

Section 5012 directs the Comptroller General to both
conduct a study and submit a report to Congress within one year
of enactment of AWIA 2018, regarding how to create flexibility
under WIFIA (33 U.S.C. 3901 et seq.) for small communities,
rural communities, disadvantaged communities, and Tribal
communities. This should include ways to improve access to
assistance under WIFIA, as well as how to lower the burden of
applying for assistance for those communities.

Sec. 5013. American iron and steel products

Section 5013 amends section 1452 of the SDWA (42 U.S.C.
300j-12(a)(3)(A)) to prohibit that SRFs to be used for a
project for the construction, alteration, or repair of a public
water system unless all of the iron and steel products used in
the project are produced in the United States. Previously, this
restriction was limited by law only to fiscal year 2017.

Sec. 5014. Sense of Congress relating to access to nonpotable water

Section 5014 states the sense of Congress that access to
nonpotable water sources for industry can relieve the supply
and demand challenges for potable water in water-stressed
regions throughout the United States. This section also
encourages water users to continue implementing and
incentivizing nonpotable water reuse programs that will achieve
greater water savings and conservation needs.

Sec. 5015. Innovative financing for State loan funds

Section 5015 establishes the Securing Required Funding for
Water Infrastructure Now (SRF WIN) program authorizing
financial assistance to those applying with state loan funds
for financing to carry out water and wastewater infrastructure
projects. It provides specific selection criteria, expedites
the evaluation of applications, and authorizes $100 million for
each fiscal year 2019 and 2020 to carry out the program.
Finally, this provision is authorized for two years.

Sec. 5016. Water infrastructure resiliency and sustainability

Section 5016 requires that the EPA Administrator establish
and carry out a ``Water Infrastructure Resiliency and
Sustainability Program''. The purpose will be to award grants
in each of fiscal years 2019 and 2020 to increase the
resiliency or adaptability of water systems to regional changes
in hydrologic conditions. An owner or operator of a water
system can only use the grants to assist in the planning,
design, construction, implementation, operation, or maintenance
of such a program or project through specified uses.
Section 5016 details the contents of an application for a
grant under this section. Further, the public sponsorship of
private applicants for a grant established under this section
is permissible if the applicant demonstrates that it has
consulted with the affected state, local, or Tribal government
in which the program or project is located or to be affected,
and that government entity supports the program or project.
Section 5016 provides for the prioritization and
diversification of grants awarded in each fiscal year, as well
as establishes the Federal share of the cost of the program at
a maximum of 75 percent of a program or project. A report must
be submitted to Congress within three years of enactment of
AWIA 2018 regarding not only the progress in carrying out this
section, but also information on project applications received
and funded annually. Section 5016 authorizes $12.5 million to
carry out this section for each of fiscal years 2019 and 2020.

Sec. 5017. Regional liaisons for minority, Tribal, and low-income
communities

Section 5017 requires the EPA Administrator to appoint at
least one employee in each of the EPA regional offices to serve
as a liaison to minority, Tribal, and low-income communities,
and to publically identify each regional liaison on specified
agency websites.

Legislative History

S. 2800, America's Water Infrastructure Act of 2018, was
introduced by Senators Barrasso, Carper, Inhofe, and Cardin on
May 8, 2018. The bill was referred to the Committee on
Environment and Public Works. The bill was subsequently
cosponsored by Senators Boozman, Van Hollen, Capito, Wicker,
Whitehouse, and Sullivan. The Committee ordered S. 2800
favorably reported with an amendment in the nature of a
substitute on May 22, 2018.

Hearings

The Committee held four hearings this Congress on issues
addressed in America's Water Infrastructure Act of 2018.
On January 10, 2018, Full Committee Hearing entitled,
``America's Water Infrastructure Needs and Challenges.''
On January 17, 2018, Full Committee Hearing entitled,
``America's Water Infrastructure Needs and Challenges: Federal
Panel.''
On May 9, 2018, Full Committee Hearing entitled,
``Legislative Hearing on S. 2800, America's Water
Infrastructure Act of 2018.''
On May 17, 2018, Full Committee Hearing entitled,
``Legislative Hearing on S. 2800, America's Water
Infrastructure Act of 2018: Federal panel.''

Rollcall Votes

The Committee on Environment and Public Works met to
consider S. 2800 on May 22, 2018. The bill, with an amendment
in the nature of a substitute, was ordered to be reported
favorably by a rollcall vote of 21 to 0.

Amendments approved

The following amendments to the amendment in the nature of
a substitute to S. 2800 were approved en bloc by voice vote:
Duckworth #1--An amendment making technical corrections to
33 U.S.C. Sec. 2225 to facilitate the transfer of existing
credits from a non-Federal sponsor of a Section 211 flood
control project to another government entity, pending the
approval of the Secretary (approved by voice vote).
Sullivan #1--An amendment to conform the definitions of
Indian tribe with the Indian Self-Determination and Education
Assistance Act to allow all recognized tribal entities to
participate as non-Federal sponsors on projects, and to be
eligible for cost-share waivers currently available to tribes
(approved by voice vote).
Markey #1--An amendment to require the EPA to appoint a
minimum of one employee in each regional office to serve as a
liaison to minority, tribal, and low-income communities, and to
publicly identify each liaison on the agency's website
(approved by voice vote).
Whitehouse #3--An amendment to require the Corps to submit
a report to Congress identifying ongoing and recently completed
projects in coastal states, including analyzing how those
projects correspond to state-approved coastal plans and making
recommendations for how the Corps can better incorporate state-
approved coastal plans into its work (approved by voice vote).

Final Committee vote to report

An amendment in the nature of a substitute, as amended by
Duckworth #1, Sullivan #1, Markey #1, and Whitehouse #3, was
approved, and S. 2800, with the amendment in the nature of a
substitute, was ordered to be reported favorably, by a rollcall
vote of 21 to 0 (Senators Booker, Boozman, Capito, Cardin,
Carper, Duckworth, Ernst, Fischer, Gillibrand, Inhofe, Markey,
Merkley, Moran, Rounds, Sanders, Shelby, Sullivan, Van Hollen,
Whitehouse, Wicker, and Barrasso voted aye).

Regulatory Impact Statement

In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee finds that S. 2800
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.

Mandates Assessment

In compliance with the Unfunded Mandates Reform Act of 1995
(P.L. 104-4), the Committee notes that the Congressional Budget
Office found that S. 2800 contains no intergovernmental or
private-sector mandates as defined in the UMRA and would impose
no costs on state, local, or 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:

U.S. Congress,
Congressional Budget Office,
Washington, DC, June 28, 2018.
Hon. John Barrasso,
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. 2800, the America's
Water Infrastructure Act of 2018.
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,
Director.
Enclosure.

S. 2800--America's Water Infrastructure Act of 2018

Summary: S. 2800 would authorize the U.S. Army Corps of
Engineers (Corps) to construct projects to improve navigation
and flood management, to mitigate storm and hurricane damages,
and to restore aquatic ecosystems. The bill also would
authorize the Bureau of Indian Affairs (BIA) to address
deferred maintenance of Indian dams and irrigation systems.
Other provisions in the bill would authorize the Federal
Emergency Management Agency (FEMA) to assist state and local
governments with mitigating flood risks from aging dams and
levees. Finally, the bill would authorize the Environmental
Protection Agency (EPA) to provide grants and loans to state
and local governments, public water systems, and other entities
to support a wide range of water infrastructure projects and
programs to improve water quality. CBO estimates that
implementing S. 2800 would cost about $4.5 billion over the
next five years and $6.9 billion over the 2019-2028 period,
assuming appropriation of authorized and necessary amounts.
In addition, CBO estimates that enacting S. 2800 would
increase direct spending by $0.4 billion over the 2019-2028
period. The staff of the Joint Committee on Taxation (JCT)
estimate that enacting the bill would reduce revenues by $2.6
billion over the 2019-2028 period. Because enacting the bill
would affect direct spending and revenues, pay-as-you-go
procedures apply.
CBO estimates that enacting S. 2800 would not increase net
direct spending or on-budget deficits by more than $5 billion
in any of the four consecutive 10-year periods beginning in
2029.
S. 2800 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 2800 is shown in the following table.
The costs of the legislation fall within budget function 300
(natural resources and environment).

Table 1.--ESTIMATED BUDGETARY EFFECTS OF S. 2800, THE AMERICA'S WATER INFRASTRUCTURE ACT OF 2018
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------------------------------------------------------------------
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2019-2023 2019-2028
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level..................................... 1,051 1,560 1,305 575 573 550 538 467 429 433 5,064 7,481
Estimated Outlays................................................. 493 985 1,247 909 816 532 525 494 453 432 4,450 6,886

INCREASES IN DIRECT SPENDING

Estimated Budget Authority........................................ 4 1 1 1 1 114 120 114 39 1 7 394
Estimated Outlays................................................. 9 6 6 6 6 119 88 114 39 1 33 394

DECREASES IN REVENUES

Estimated Revenues................................................ -12 -68 -167 -262 -331 -360 -359 -356 -352 -348 -840 -2,615

NET INCREASE IN DEFICITS FROM CHANGES IN DIRECT SPENDING AND REVENUES

Estimated Effect on the Deficit................................... 21 74 173 268 337 479 447 470 391 349 873 3,009
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Amounts may not sum to totals because of rounding;
The estimate does not include changes in the timing of discretionary spending from implementing section 3803. The provision would make a portion of funds authorized to be appropriated for the
Blackfeet Water Rights Settlement available to tribes earlier than under current law. The provision would not affect authorization levels but it would authorize more discretionary spending
earlier in the period and less in later years. Those effects on spending would net to zero over 10 years. The direct spending effects of section 3803 are described under the heading
``Blackfeet Water Rights Settlement''.

Basis of estimate: For this estimate, CBO assumes that S.
2800 will be enacted near the end of 2018 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. 2800 would authorize appropriations
totaling about $7.5 billion over the 2019-2028 period for water
infrastructure projects and studies administered by the Corps,
FEMA, and BIA. We estimate that implementing those provisions
would cost $6.9 billion over the 2018-2028 period, assuming
appropriation of the necessary amounts.

Table 2.--ESTIMATED EFFECTS ON SPENDING SUBJECT TO APPROPRIATION OF S. 2800, THE AMERICA'S WATER INFRASTRUCTURE ACT OF 2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------------------------------------
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2019-2023 2019-2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION

EPA Assistance for Water Infrastructure and Conservation
Programs:
Authorization Level.................................. 773 928 619 0 0 0 0 0 0 0 2,319 2,319
Estimated Outlays.................................... 364 602 711 377 266 0 0 0 0 0 2,319 2,319
Corps--Water Resources Infrastructure:
Estimated Authorization Level........................ 17 161 194 268 270 260 263 191 183 187 911 1,994
Estimated Outlays.................................... 7 70 128 191 234 245 250 221 196 185 630 1,727
Continuing Authorities and Other Programs:
Authorization Level.................................. 163 288 313 198 198 163 153 153 153 153 1,158 1,930
Estimated Outlays.................................... 66 194 262 209 197 168 155 150 147 146 928 1,694
Dam and Levee Safety:
Authorization Level.................................. 30 123 123 30 30 30 30 30 0 0 336 426
Estimated Outlays.................................... 12 57 89 71 51 39 32 30 17 8 280 405
Indian Irrigation and Dam Safety:
Estimated Authorization Level........................ 0 0 0 35 36 69 70 70 71 71 71 422
Estimated Outlays.................................... 0 0 0 18 27 51 62 69 71 71 45 367
Studies and Other Provisions:
Estimated Authorization Level........................ 68 61 57 44 39 29 23 23 23 23 269 390
Estimated Outlays.................................... 45 62 57 44 40 29 26 24 23 23 248 374
Total Costs:
Estimated Authorization Level.................... 1,051 1,560 1,305 575 573 550 538 467 429 433 5,064 7,481
Estimated Outlays................................ 493 985 1,247 909 816 532 525 494 453 432 4,450 6,886
--------------------------------------------------------------------------------------------------------------------------------------------------------
Amounts may not sum to totals because of rounding.
EPA = Environmental Protection Agency
Corps = U.S. Army Corps of Engineers

EPA Assistance for Water Infrastructure and Conservation
Programs. The bill would authorize the appropriation of $2.3
billion over the 2019-2021 period for EPA to provide assistance
for water infrastructure and conservation programs. CBO
estimates that implementing title V and certain conservation
programs in title III would cost about $2.3 billion over the
2019-2028 period. The authorizations include the following
amounts:
$1.1 billion for EPA to support the Great
Lakes Restoration Initiative;
$450 million for EPA to make grants to help
municipalities address the cost of controlling sewer
overflows and stormwater discharges;
$200 million for EPA and the Corps to
subsidize loans to eligible entities under the Water
Infrastructure Finance and Innovation Act program
(WIFIA) for water infrastructure projects;
$200 million for EPA to subsidize loans to
State Revolving Funds for states to support clean water
and drinking water projects;
$195 for EPA to make grants for research,
conservation, and management of Long Island Sound;
$75 million for EPA to provide technical
assistance grants to small and medium water treatment
works;
$65 million for EPA to make grants to
support conservation and ecological restoration
activities in the Columbia River Basin;
$27 million for the U.S. Geological Survey
to support research at state institutes on the nation's
water resources;
$25 million for EPA to make grants to water
systems for the purpose of increasing the resiliency
and adaptability of those systems to future changes in
hydrologic conditions; and
$2 million for the EPA to make grants to
promote workforce development in the water utility
sector.
Corps--Water Resources Infrastructure. After accounting for
anticipated inflation, CBO estimates that implementing
provisions of the bill that would authorize the Corps to
construct and modify water infrastructure projects would cost
about $1.7 billion over the 2019-2028 period. Those provisions
would authorize the Corps to construct six new projects and
would modify the existing authorization of six other projects
aimed at mitigating hurricane and storm damage, strengthening
flood-risk management, improving the nation's navigation
system, restoring the environment, and providing assistance for
water recycling and water treatment projects. Using information
from the Corps, CBO estimates that the total cost to complete
those projects would be $4.6 billion. S. 2800 would authorize
the appropriation of $3 billion to cover the federal share of
those costs and nonfederal entities would be responsible for
the remaining estimated cost of $1.6 billion.
The estimated cost of the largest project authorized by S.
2800 totals $3.3 billion; the federal share would total about
$2.2 billion. That project aims to address erosion along the
coast in Galveston, Texas, and restore ecosystems including
wetlands and marshes to enhance protection from storm surge in
the area that was damaged by Hurricane Harvey. The estimated
cost for the other projects authorized by the bill total $1.3
billion; the federal share of those projects totals about $0.8
billion.
Assuming appropriation of the necessary amounts, CBO
estimates that spending on the project to restore the Texas
coast in Galveston would total about $940 million over the
2019-2028 period. CBO estimates that spending for the other
five projects and six modifications would total about $790
million over the next 10 years.
To estimate the speed that funds appropriated for those
projects would be spent, CBO used information from the Corps
about when construction for each project could begin, how long
it would take to complete, and what funding would be necessary
to complete it over the anticipated construction period. For
this estimate, CBO assumed that those projects with greater
benefit to cost ratios would be prioritized for funding.
Information on cost benefit ratios was provided to CBO by the
Corps. CBO also analyzed the historical spending patterns of
similar projects. Because of their size and complexity some
large Corps projects can take several years to commence and
more than 10 years to complete. CBO estimates that the federal
share of the projects and project modifications authorized by
this title would require the appropriation of about $2 billion
over the 2019-2028 period; the remainder of the federal share
to complete the projects would be needed after 2028.
Finally, the bill would withdraw the authorization for six
projects that were originally authorized more than 60 years ago
and are no longer viable. Information from the Corps indicates
that no additional construction is planned for those projects;
therefore, CBO expects that deauthorizing them would have no
budgetary effect.
Continuing Authorities and Other Programs. CBO estimates
that implementing the following provisions would cost about
$1.7 billion over the 2019-2028 period. The legislation would
authorize the appropriation of the following amounts for
continuing authorities and other programs. Some of the
authorizations are annual amounts while others are a one-time
authorization that would spend over several years.
$40 million a year to establish watercraft
inspection stations and to operate and maintain
existing stations to prevent the spread of aquatic
invasive species;
$27.5 million a year to carry out small
flood control projects, including constructing levees
and modifying channels to protect communities;
$20 million a year to modify existing Corps
projects to improve aquatic habitats, estuaries and
rivers;
$200 million, in total, to expand a program
for nonfederal sponsors to advance funds to conduct
studies and construct federal flood control and water
resources projects, and to reauthorize a pilot program
to for nonfederal sponsors to carry out feasibility
studies and to construct federal water resources
projects;
$15 million a year to mitigate storm and
hurricane damage by constructing projects to control
shoreline erosion and to restore beaches;
$12.5 million a year to improve the
navigation of small rivers and harbors;
$12.5 million a year to carry out projects
to use regional sediment to protect and restore aquatic
habitats, wetlands, and property from storm damage;
$12.5 million a year to restore aquatic
ecosystems to protect fish and wildlife;
$125 million, in total, for the Corps to
purchase and install infrastructure in the Mississippi
River channel to protect the riverbank from erosion, to
maintain navigation, and to protect the community;
$80 million, in total, to reauthorize the
Rio Grande program for environmental management and for
the Corps to carry out a program for groundwater and
well water testing in disadvantaged communities;
$75 million, in total, for the Corps to
establish a demonstration program along the mid-
Atlantic Coast to construct beach nourishment and
shoreline protection projects; and
$5 million a year to construct and repair
shoreline and streambank structures to protect public
infrastructure.
Dam and Levee Safety. Using information provided by the
Corps and FEMA, CBO estimates that implementing provisions in
S. 2800 addressing dam and levee safety would cost $405 million
over the 2019-2028 period.
Indian Irrigation and Dam Safety. CBO estimates that
implementing provisions of the bill related to programs that
rehabilitate and maintain Indian irrigation projects and dams
would cost $367 million over the 2019-2028 period.
S. 2800 would authorize the Treasury to transfer $35
million each year into the Indian Irrigation Fund until 2028.
Under current law, the authority to make annual transfers into
the fund expires in 2021. Those annual deposits, and interest
credited to the unspent balances in the fund would be
authorized to be appropriated for maintaining Indian irrigation
projects operated by BIA in the western United States.
According to the BIA, the agency operates 17 Indian irrigation
projects that would be eligible to receive appropriated funds
under the bill. According to BIA, the total cost to complete
the deferred maintenance for all those projects is about $600
million. Based on historical spending patterns for similar
projects, CBO estimates that implementing those provisions
would cost $225 million over the 2019-2028 period.
The bill also would authorize the Treasury to transfer $33
million each year into other Treasury funds for dam safety
until 2028. Under current law, the authority to make annual
transfers into those funds expires in 2023. Those annual
deposits, and the interest credited to the unspent balances in
those funds would be authorized to be appropriated for
repairing, replacing and maintaining Indian Dams. Based on
historical spending patterns for similar projects, CBO
estimates that implementing those provisions would cost $142
million over the 2019-2028 period.
Studies and Other Provisions. Using information provided by
the Corps and EPA, CBO estimates that implementing the
provisions described below would cost $374 million over the
2019-2028 period. Those provisions would:
Authorize the Corps to conduct 18
feasibility studies for projects to reduce risks
stemming from floods, to restore ecosystems, and to
improve navigation;
Direct the Corps to assist Indian
Communities displaced by federal dams;
Direct the Corps to prepare an annual work
plan and budget for the current year and the next four
years for the headquarters and districts;
Direct the Corps to prepare feasibility
reports for implementing a federal cost of 50 percent
or higher for projects in areas affected by storm
damage that remain at risk from future storms;
Direct the Corps to assist Indian
Communities displaced by federal dams;
Expand a program to prevent flooding caused
by ice jams; and
Require EPA to promote green infrastructure,
to provide technical assistance to municipalities
seeking to comply with the Clean Water Act, and require
EPA to update financial guidance that municipalities
use when measuring the capability of households to pay
for future water infrastructure investments.

Direct Spending

Using information provided by the Corps and BIA, CBO
estimates that enacting S. 2800 would increase direct spending
by $394 million over the 2019-2028 period (see Table 3).
Nonfederal Reimbursements for Constructed Projects. S. 2800
would direct the Corps to either reimburse nonfederal sponsors
or credit them for unreimbursed expenses for completed
construction projects. Such credits could be used in lieu of
cash to make operation and maintenance payments otherwise owed
to the federal government or for a nonfederal sponsor's cost-
share requirement for another project. Under current law,
nonfederal sponsors have undertaken six projects using
agreements that allow but do not require the federal government
to reimburse the nonfederal sponsor for any portion of the
project's costs. Under the bill, the government would be
required to reimburse or credit such amounts to the nonfederal
sponsor upon request. Nonfederal sponsors that have provided
funding to the Corps to construct a federal water project would
benefit under the bill. CBO used information from the Corps to
identify six nonfederal sponsors that would be eligible to seek
reimbursement (in cash or credit) from the government for a
total of $755 million.

Table 3.--ESTIMATED EFFECT ON DIRECT SPENDING AND REVENUES OF S. 2800, THE AMERICA'S WATER INFRASTRUCTURE ACT OF 2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
---------------------------------------------------------------------------------------------------------------------
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2019-2023 2019-2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
INCREASES IN DIRECT SPENDING

Nonfederal Reimbursements for
Constructed Projects:
Estimated Budget Authority.... 0 0 0 0 0 113 113 113 38 0 0 378
Estimated Outlays............. 0 0 0 0 0 113 113 113 38 0 0 378
Blackfeet Water Rights Settlement:
Estimated Budget Authority.... 0 0 0 0 0 0 0 0 0 0 0 0
Estimated Outlays............. 5 5 5 5 5 5 -32 0 0 0 27 0
Credit for the Kissimmee River
Restoration:
Estimated Budget Authority.... 0 0 0 0 0 0 6 0 0 0 0 6
Estimated Outlays............. 0 0 0 0 0 0 6 0 0 0 0 6
Other Provisions:
Estimated Budget Authority.... 4 1 1 1 1 1 1 1 1 1 7 11
Estimated Outlays............. 4 1 1 1 1 1 1 1 1 1 7 11
Total Costs:
Estimated Budget Authority 4 1 1 1 1 114 120 114 39 1 7 394
Estimated Outlays......... 9 6 6 6 6 119 88 114 39 1 33 394

DECREASES IN REVENUES

Estimated Revenues................ -12 -68 -167 -262 -331 -360 -359 -356 -352 -348 -840 -2,615

NET INCREASE IN DEFICITS FROM CHANGES IN DIRECT SPENDING AND REVENUES

Estimated Effect on the Deficit... 21 74 173 268 337 479 447 470 391 349 873 3,009
--------------------------------------------------------------------------------------------------------------------------------------------------------
Amounts may not sum to totals because of rounding.

Under current law, the amount authorized to be appropriated
for reimbursements to nonfederal sponsors is limited to $100
million annually. Competition for those funds makes it unlikely
that all six nonfederal sponsors would be fully reimbursed
within the next several years. CBO expects that nonfederal
sponsors who are not fully reimbursed promptly could sue the
government for those amounts after the bill is enacted. CBO
expects it could take about three to five years to litigate
those claims, and the outcome of such litigation is uncertain.
Any award for successful claims would probably be paid from the
Judgement Fund (a permanent, indefinite appropriation for
claims and judgements against the United States).
CBO has insufficient information to determine which
nonfederal sponsors would seek cash reimbursements and when
they would receive payments or use credits for payments owed to
the federal government. Because of that uncertainty CBO assumes
that about half of the costs would be incurred after 2028. CBO
estimates that the other half would be paid out under the bill
sometime before 2028 and would thus increase direct spending by
$378 million over the 2019-2028 period.\1\
---------------------------------------------------------------------------
\1\Section 1005 would entitle nonfederal sponsors that have built
Corps projects to reimbursement of those costs with cash or credits.
CBO cannot predict if appropriations will be provided in future years
to make those reimbursements. Nor can CBO predict if nonfederal
sponsors might pursue claims against the government and prevail. The
availability and use of credits from the Corps to nonfederal sponsors
is also unknown. CBO endeavors to develop estimates that are in the
middle of the distribution of potential budgetary outcomes. In cases
where there is no clear information on precedents, CBO has adopted a
convention of assuming a 50 percent chance of a particular outcome. In
this case, CBO assumes that half of the reimbursement total of $755
million would be incurred in the first 10 years after enactment. CBO
takes this approach in uncertain situations for the purpose of
informing the Congress about the potential costs of legislation.
---------------------------------------------------------------------------
Blackfeet Water Rights Settlement. S. 2800 would allow the
Blackfeet Tribe to access funds appropriated for the Blackfeet
Water Settlement earlier than under current law. So far, $37
million has been appropriated for the settlement and the tribe
can only spend $5.3 million of that amount. Under the bill, the
tribe would be able to spend the remaining $32 million
immediately. Under current law those amounts would be
unavailable until 2025. CBO estimates implementing the
provision would increase direct spending over the 2019-2023
period and reduce direct spending over the 2024-2028 period.
There would be no net budgetary effect over the 2019-2028
period.
Credit for the Kissimmee River Restoration. The
construction phase of the Kissimmee River Restoration Project
in Florida is nearly complete and the Corps anticipates that
the final accounting for the federal and nonfederal shares of
the project's cost will occur in about five years. The Corps
has previously determined that certain in-kind contributions
provided by the local sponsor of the project would not be used
as a qualifying credit toward the portion of the local cost
share. S. 2800 would reverse that decision and reduce any cash
settlement that would be required by the local sponsor to
reconcile the nonfederal account. The Corps would be required
to credit the nonfederal sponsor for the Kissimmee River
Restoration Project for those in-kind contributions, (which
total $6 million. CBO expects that those lost receipts which
would be accounted for as a reduction in direct spending) would
be recognized in 2025.
Other Provisions. Additional increases in direct spending
would arise from provisions that would reduce offsetting
receipts by $11 million over the 2019-2028 period. Those
provisions would:
Authorize the Corps to enter into agreements
with private entities to manage recreation facilities
and to collect and expend funds, that would be
deposited into the Treasury under current law, to
operate and maintain those sites;
Reduce the amounts owed to the federal
government for a project in Saint Paul, Alaska, from 35
percent of the project's costs to 10 percent; and
Eliminate the amounts owed to the federal
government for certain feasibility studies for aquatic
ecosystem restoration.

Revenues

JCT expects that some of the funds authorized to be
appropriated in S. 2800 for loans to State Revolving Funds and
eligible entities 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
about $2.6 billion over the 2019-2028 period.
Uncertainty: The amount of federal spending on the projects
authorized in S. 2800 over the next 10 years is uncertain and
depends on when these large and complex projects would be
started and how long it would take to complete them.
Specifically, factors affecting uncertainty include when funds
would be appropriated for each authorized projects and the
possibility of unforeseen events such as natural disasters and
changing circumstances of the nonfederal sponsors. CBO used
historical data as well as information from the agencies to
make judgments about when projects would be undertaken, how
long they would take to complete, and what the resulting
impacts on the federal budget would be. Actual spending could
be higher or lower than those estimates.
CBO's estimates of federal spending for S. 2800 are also
uncertain because the effect of a provision that would require
certain nonfederal project sponsors to be reimbursed is unclear
and would depend on future decisions made by those nonfederal
sponsors. CBO used a probabilistic approach to estimate the
federal costs that would result from enacting those provisions
to reflect the uncertain outcome of potential litigation and
the possible budget impacts of such outcomes on the federal
budget. See page 10 for more information on this provision.
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 the
following table.

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 2800 AS ORDERED REPORTED BY THE SENATE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ON MAY 22, 2018
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------------------------------------------------------------------
2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2018-2023 2018-2028
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE IN THE DEFICIT

Statutory Pay-As-You-Go Impact.................................... 0 21 74 173 268 337 479 447 470 391 349 873 3,009
Memorandum:
Change in Outlays............................................. 0 9 6 6 6 6 119 88 114 39 1 33 394
Change in Revenues............................................ 0 -12 -68 -167 -262 -331 -360 -359 -356 -352 -348 -840 -2,615
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sources: Congressional Budget Office and the staff of the Joint Committee on Taxation.

Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 2800 would not increase direct
spending or deficits by more than $5 billion in any of the four
consecutive 10-year periods beginning in 2029.
Mandates: S. 2800 contains no intergovernmental or private-
sector mandates as defined in UMRA.
Previous CBO Estimate: On June 4, 2018, CBO transmitted a
cost estimate for H.R. 8 as reported by the House Committee on
Transportation and Infrastructure on June 1, 2018. H.R. 8
authorized the Corps to construct many of the same water
resources infrastructure projects that also would be authorized
in S. 2800. For projects common to both pieces of legislation,
CBO's estimated costs are the same.
S. 2800 also would reauthorize loan and grant programs
administered by the EPA to support clean drinking water
projects and other EPA provisions that were not included in
H.R. 8.
Estimate prepared by: Federal costs: Aurora Swanson and Jon
Sperl; Mandates: Jon Sperl.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis; Theresa Gullo,
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 1976

* * * * * * *

SEC. 156. [42 U.S.C. 1962D-5F]

(a) In General.-- * * *

* * * * * * *

(e) Special Rule.--Notwithstanding any other provision of
this section, for any existing authorized water resources
development project for which the maximum period for
nourishment described in subsection (a) will expire within the
5 year-period beginning on [the date of enactment of the Water
Resources Reform and Development Act of 2014] or within the 5-
year period beginning on the date of enactment of the America's
Water Infrastructure Act of 2018 the date of enactment of the
America's Water Infrastructure Act of 2018, that project shall
remain eligible for nourishment for an additional 6 years after
the expiration of such period.

* * * * * * *

WATER RESOURCES DEVELOPMENT ACT OF 1986

* * * * * * *

TITLE I--COST SHARING

SEC. 101. HARBORS.

(a) Constructon.--
(1) Payments during construction.-- * * *

* * * * * * *

SEC. 105. FEASIBILITY STUDIES; PLANNING, ENGINEERING, AND DESIGN.

(a) Feasibility Studies.--
(1) Cost sharing.--
(A) In general.--[The Secretary] Except as
provided in subparagraph (F), 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.
(E) In-kind contributions.-- * * *

* * * * * * *

(F) Cost-share for certain mitigation
projects.--
(i) In general.--In the case of a
feasibility study described in clause
(ii), the Federal share of the cost of
the study shall be, as determined by
the Secretary--
(I) not less than 50 percent;
and
(II) not more than 100
percent.
(ii) Feasibility studies described.--
A feasibility study referred to in
clause (i) is a feasibility study for a
project for mitigation of damage to an
area affected by weather or other
events for which--
(I) during the 8-year period
ending on the date of enactment
of the America's Water
Infrastructure Act of 2018--
(aa) the Secretary
provided emergency
response under section
5 of the Act of August
18, 1941 (commonly
known as the `Flood
Control Act of 1941')
(55 Stat. 650, chapter
377; 33 U.S.C. 701n);
or
(bb) the area
received disaster
assistance under the
Robert T. Stafford
Disaster Relief and
Emergency Assistance
Act (42 U.S.C. 5121 et
seq.); and
(II) there is a significant
risk for future similar events
(as determined by the
Secretary).

* * * * * * *

TITLE II--HARBOR DEVELOPMENT

SEC. 203. [33 U.S.C. 2231] STUDY OF WATER RESOURCES DEVELOPMENT
PROJECTS BY NON-FEDERAL INTERESTS.

(a) Submission to Secretary.-- * * *

* * * * * * *

(e) Technical Assistance.--[At the request of a non-Federal
interest, the Secretary may provide]
(1) In general.--On the request of a non-Federal
interest, the Secretary shall provide to the non-
Federal interest technical assistance relating to any
aspect of a feasibility study if the non-Federal
interest contracts with the Secretary to pay all costs
of providing such technical assistance.
(2) Savings provision.--The provision of technical
assistance by the Secretary under paragraph (1)--
(A) shall not be considered to be an approval
or endorsement of the feasibility study; and
(B) shall not affect the responsibilities of
the Secretary--
(i) to review the feasibility study
for compliance with applicable Federal
laws (including regulations) under
subsection (b); and
(ii) to make recommendations to
Congress on the plan or design of the
project under subsection (c).

* * * * * * *

SEC. 204. [33 U.S.C. 2232] CONSTRUCTION OF WATER RESOURCES DEVELOPMENT
PROJECTS BY NON-FEDERAL INTERESTS.

(a) Water Resources Development Project Defined.-- * * *

* * * * * * *

(b) Authority.--
(1) In general.-- * * *

* * * * * * *

(3) Non-federal construction.--
(A) In general.--If a non-Federal interest of
a water resources development project begins to
carry out that water resources development
project under this section, the non-Federal
interest may request that the Secretary
transfer all relevant data and documentation
within the control of the Secretary with
respect to that water resources development
project to the non-Federal interest.
(B) Deadline.--The Secretary shall transfer
the data and documentation described in
subparagraph (A) not later than the date that
is 90 days after the date of the request
described in that subparagraph.
(C) Technical assistance.--If the Secretary
provides the data and documentation described
in subparagraph (A), the non-Federal interest
may request, and the Secretary shall provide,
technical assistance and relevant materials to
the non-Federal interest to assist the non-
Federal interest in applying for and obtaining
the Federal permits described in paragraph
(2)(A) to obtain the permits in the most
expeditious manner practicable.

* * * * * * *

TITLE XI--MISCELLANEOUS PROGRAMS AND PROJECTS

SEC. 1131. DELAWARE RIVER WITH RESPECT TO THE NAVIGATION PROJECT FOR
THE DELAWARE RIVER, PHILADELPHIA TO THE SEA, THE
SECRETARY-

(1)shall conduct continuous monitoring of the
materials being disposed of at the area known as the
Penns Grove Disposal Area in Carneys Point, New Jersey;

* * * * * * *

(3)shall not fill such area, or allow such area to be
filled, to an elevation in excess of [ten feet] 35
feet; and

* * * * * * *

SEC. 1135. PROJECT MODIFICATIONS FOR IMPROVEMENT OF ENVIRONMENT.

(a) * * *

* * * * * * *

(d) Non-Federal Share; Limitation on Maximum Federal
Expenditure.--The non-Federal share of the cost of any
modifications or measures carried out or undertaken pursuant to
subsection (b) or (c) shall be 25 percent. The non-Federal
share may be provided in kind, including a facility, supply, or
service that is necessary to carry out the modification or
measure. Not more than [$10,000,000] $15,000,000 in Federal
funds may be expended on any single modification or measure
carried out or undertaken pursuant to this section.

* * * * * * *

(g) Nonprofit Entities.-- * * *

* * * * * * *

(h) Prioritization of Certain Projects.--In carrying out
activities under this section in the Upper Missouri River
Basin, the Secretary shall give priority to projects within
that area that restore degraded ecosystems through modification
of existing flood risk management projects.
[(h)] (i) There is authorized to be appropriated not to
exceed [$40,000,000] $60,000,000 annually to carry out this
section.
[(i)] (j) Definition.--In this section, the term ``water
resources project constructed by the Secretary'' includes a
water resources project constructed or funded jointly by the
Secretary and the head of any other Federal agency (including
the Natural Resources Conservation Service).

* * * * * * *

SEC. 1156. [33 U.S.C. 2310] COST SHARING PROVISIONS FOR THE TERRITORIES
AND INDIAN TRIBES.

(a) In general.--The Secretary shall waive local cost-sharing
requirements up to $200,000 for all studies and projects--

* * * * * * *

(2) for any Indian tribe [(as defined in section 102
of the Federally Recognized Indian Tribe List Act of
1994 (25 U.S.C. 5130)).] or tribal organization (as
those terms are defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 5304)).
(b) Inflation Adjustment.--The Secretary shall adjust the
dollar amount specified in subsection (a) for inflation for the
period beginning on November 17, 1986, and ending on [the date
of enactment of this subsection] the date of enactment of the
America's Water Infrastructure Act of 2018.

* * * * * * *

WATER RESOURCES DEVELOPMENT ACT OF 1992

* * * * * * *

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Water
Resources Development Act of 1992''.

* * * * * * *

TITLE II--GENERALLY APPLICABLE PROVISIONS

SEC. 204. REGIONAL SEDIMENT MANAGEMENT.

(a) In General.--
[(1) Sediment use.--
[(A) Sediment from federal water resources
projects.--For sediment obtained through or
used in the construction, operation, or
maintenance of an authorized Federal water
resources project, the Secretary shall develop,
at Federal expense, regional sediment
management plans and carry out projects at
locations identified in plans developed under
this section, or identified jointly by the non-
Federal interest and the Secretary, for use in
the construction, repair, modification, or
rehabilitation of projects associated with
Federal water resources projects for purposes
listed in paragraph (3).
[(B) Sediment from other federal sources and
non-federal sources.--For purposes of projects
carried out under this section, the Secretary
may include sediment from other Federal sources
and non-Federal sources, subject to the
requirement that any sediment obtained from a
non-Federal source shall not be obtained at
Federal expense.]
(1) Sediment use.--For sediment obtained through the
construction, operation, or maintenance of an
authorized Federal water resources project or a
reclamation project, including Federal reservoirs
authorized for flood control, the Secretary (in
consultation with the Commissioner of Reclamation
(referred to in this section as the `Commissioner'))
and, subject to the availability of appropriations, the
Commissioner (in consultation with the Secretary), as
applicable, shall develop, at full Federal expense,
regional sediment management plans, and carry out
projects at locations identified in plans developed
under this section, or identified jointly by the non-
Federal interest and the Secretary or the Commissioner,
as applicable, for use in the construction, repair,
modification, or rehabilitation of projects associated
with Federal water resources projects and reclamation
projects for purposes listed in paragraph (3).
(2) Cooperation.--The Secretary or the Commissioner,
as applicable, shall develop plans under this
subsection in cooperation with the appropriate Federal,
State, regional, and local agencies.
(3) Purposes for sediment use in projects.--The
purposes of using sediment for the construction,
repair, modification, or rehabilitation of Federal
water resources projects and reclamation projects are--

* * * * * * *

(4) Reducing costs.--To reduce or avoid Federal
costs, the Secretary or the Commissioner, as
applicable, shall consider the beneficial use of
dredged material in a manner that contributes to the
maintenance of sediment resources in the nearby coastal
system.
(b) [Secretarial] Agency Findings.--Subject to subsection
(c), projects carried out under subsection (a) may be carried
out in any case in which the Secretary or the Commissioner, as
applicable, finds that--

* * * * * * *

(c) Determination of Project Costs.--
(1) Costs of construction.--
(A) In general.--Costs associated with
construction of a project under this section or
identified in a regional sediment management
plan shall be limited solely to construction
costs that are in excess of the costs necessary
to carry out the dredging for construction,
operation, or maintenance of an authorized
Federal water resources project or reclamation
project in the most cost-effective way,
consistent with economic, engineering, and
environmental criteria.
(B) Cost sharing.--
(i) In general.-- * * *

* * * * * * *

(ii) Special rule.--Construction of a
project under this section for one or
more of the purposes of protection,
restoration, or creation of aquatic and
ecologically related habitat, the cost
of which does not exceed $750,000 and
which is located in a disadvantaged
community as determined by the
Secretary or the Commissioner, as
applicable, may be carried out at
Federal expense.

* * * * * * *

(C) Total cost.--The total Federal costs
associated with construction of a project under
this section may not exceed [$10,000,000]
.$12,500,000

* * * * * * *

(d) Selection of Dredged Material Disposal Method for
Purposes Related to Environmental Restoration or Storm Damage
and Flood Reduction.--
(1) In general.--In developing and carrying out a
Federal water resources project or reclamation project
involving the disposal of dredged material, the
Secretary or the Commissioner, as applicable, may
select, with the consent of the non-Federal interest, a
disposal method that is not the least cost option if
the Secretary or the Commissioner, as applicable,
determines that the incremental costs of the disposal
method are reasonablein relation to--
(A) * * *

* * * * * * *

(3) Special rule.-- * * *

* * * * * * *

(4) Disposal at non-federal cost.--The Secretary or
the Commissioner, as applicable, 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)).

* * * * * * *

(e) State and Regional Plans.--The Secretary or the
Commissioner, as applicable, may--

* * * * * * *

(g) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary to carry out this section
[$50,000,000] $62,500,000 per fiscal year, of which not more
than $5,000,000 per fiscal year may be used for the development
of regional sediment management plans authorized by subsection
(e) and of which not more than $3,000,000 per fiscal year may
be used for construction of projects to which subsection
(c)(1)(B)(ii) applies. Such funds shall remain available until
expended.

* * * * * * *

SEC. 219. ENVIRONMENTAL INFRASTRUCTURE.

(a) In General.--
(1) * * *

* * * * * * *

(f) Additional Assistance.--The Secretary may provide
assistance under subsection (a) and assistance for construction
for the following:
(1) * * *

* * * * * * *

(25) Lakes marion and moultrie, south carolina.--
[$60,000,000] $90,000,000 for wastewater treatment and
water supply treatment and distribution projects in the
counties of Calhoun, Clarendon, Colleton, Dorchester,
[Orangeberg] Orangeburg, and Sumter, South Carolina.

* * * * * * *

(43) Harbor/south bay, california.--[$35,000,000]
$70,000,000 for an industrial water reuse project for
the Harbor/South Bay area, California.

* * * * * * *

[(121) Charlotte county, florida.--$3,000,000 for
water supply infrastructure, Charlotte County,
Florida.]
(121) Charlotte county, florida.--$16,000,000 for
wastewater infrastructure, Charlotte County, Florida.

* * * * * * *

(g) Consideration of Additional Projects.--The Secretary
shall consider and complete an assessment of the following
projects:
(1) Macomb county, michigan.--The project for
wastewater infrastructure, Macomb County, Michigan.
(2) Milwaukee and shorewood, wisconsin.--The project
for wastewater infrastructure, Milwaukee and Shorewood,
Wisconsin.

* * * * * * *

SEC. 225

(a) In General.-- * * *

* * * * * * *

(c) User Fees.--
(1) Collection of fees.--
(A) In general.--The Secretary may allow a
[non-Federal public entity] 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
[non-Federal public entity] non-Federal 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 entity] non-
Federal public or private entity that collects user
fees under paragraph (1)--
(A) * * *

* * * * * * *

(3) Terms and conditions.--The authority of a [non-
Federal public entity] 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.
(4) Treatment.--In carrying out this subsection, the
Secretary shall ensure that a private entity is subject
to the same regulations and requirements as a non-
Federal public entity.

* * * * * * *

WATER RESOURCES DEVELOPMENT ACT OF 1996

* * * * * * *

TITLE II--GENERAL PROVISIONS

SEC. 206. AQUATIC ECOSYSTEM RESTORATION.

(a) General Authority.--
(1) In general.-- * * *
(3) Requirement.--In carrying out projects under this
section, the Secretary shall carry out--
(A) not less than 2 projects in areas with a
population of 80,000 or less; and
(B) not less than 2 projects in areas with a
population of 2,500,000 or more.

* * * * * * *

(d) Cost Limitation.--Not more than [$10,000,000] $12,500,000
in Federal funds may be allotted under this section for a
project at any single locality.
(e) Funding.--There is authorized to be appropriated to carry
out this section [$50,000,000] $62,500,000 for each fiscal
year.

* * * * * * *

WATER RESOURCES DEVELOPMENT ACT OF 2000

TITLE II--GENERAL PROVISIONS

* * * * * * *

SEC. 203. TRIBAL PARTNERSHIP PROGRAM.

(a) * * *
(b) Program.--
(1) In general.-- * * *

* * * * * * *

(4) Design and construction.--
(A) In general.--The Secretary may carry out
the design and construction of a water
resources development project described in
paragraph (1) that the Secretary determines is
feasible if the Federal share of the cost of
the project is not more than [$10,000,000]
$15,000,000.
(B) Specific authorization.--If the Federal
share of the cost of a project described in
subparagraph (A) is more than [$10,000,000]
$15,000,000, the Secretary may only carry out
the project if Congress enacts a law
authorizing the Secretary to carry out the
project.

* * * * * * *

SEC. 215. [33 U.S.C. 2326C] RESERVOIR SEDIMENT.

(a) In General.--Not later than 180 days after [the date of
enactment of the Water Resources Development Act of 2016] the
date of enactment of the America's Water Infrastructure Act of
2018 and after providing public notice, the Secretary [shall
establish, using available funds, a pilot program to accept]
shall, using available funds, accept services provided by a
non-Federal interest or commercial entity for removal of
sediment captured behind a dam owned or operated by the United
States and under the jurisdiction of the Secretary for the
purpose of restoring the authorized storage capacity of the
project concerned.
(b) Requirements.--In carrying out this section, the
Secretary shall--
(1) * * *

* * * * * * *

(2) ensure that the non-Federal interest or
commercial entity will indemnify the United States for,
or has entered into an agreement approved by the
Secretary to address, any adverse impact to the dam as
a result of such services; and
(3) require the non-Federal interest or commercial
entity, prior to initiating the services and upon
completion of the services, to conduct sediment surveys
to determine the pre- and post-services sediment
profile and sediment quality[; and] .
[(4) limit the number of dams for which services are
accepted to 10.]

* * * * * * *

[(f) Report to Congress.--Upon completion of services at the
10 dams allowed under subsection (b)(4), the Secretary shall
make publicly available and submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report documenting the results of the
services.]
(f) Report to Congress.--Not later than 3 years after the
date of enactment of the America's Water Infrastructure Act of
2018, the Secretary may submit to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report describing the results of the program
under this section.

* * * * * * *

WATER RESOURCES DEVELOPMENT ACT OF 2007

* * * * * * *

SEC 1. [33 U.S.C. 2201 NOTE] SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Water
Resources Development Act of 2007''.
(b) * * *

* * * * * * *

TITLE II--GENERAL PROVISIONS

SEC. 2008. [33 U.S.C. 2340] REVISION OF PROJECT PARTNERSHIP AGREEMENT;
COST SHARING.

(a) Federal Allocation.-- * * *

* * * * * * *

(c) Cost Estimates.--The estimated Federal and non-Federal
costs of water resources projects authorized to be carried out
by the Secretary [before, on, or after] on or after the date of
enactment of this Act are for informational purposes only and
shall not be interpreted as affecting the cost-sharing
responsibilities established by law.

* * * * * * *

SEC. 2034. [33 U.S.C. 2343] INDEPENDENT PEER REVIEW.

(a) Project Studies Subject to Independent Peer Review.--
(1) * * *

* * * * * * *

(h) Applicability.--This section shall apply to--
(1) * * *

* * * * * * *

(2) project studies initiated during the period
beginning on such date of enactment and ending [12
years] 17 years after such date of enactment.

* * * * * * *

(i) Reports.--
(1) Initial report.-- * * *

* * * * * * *

(2) Additional report.--
(3) Report.--Not later than 1 year after the date of
enactment of the America's Water Infrastructure Act of
2018, the Secretary shall--
(A) complete an analysis of--
(i) cost and time overruns for
projects subject to this section;
(ii) the effectiveness of peer
review, and the extent to which
planning problems are identified in the
peer review process; and
(iii) whether the Secretary plans to
take actions to improve the general
planning process to address planning
problems identified in multiple reviews
by Independent External Peer Review
panels; and
(B) submit to the Committee on Environment
and Public Works of the Senate and the
Committee on Transportation and Infrastructure
of the House of Representatives a report
describing the results of the analysis under
subparagraph (A).

* * * * * * *

SEC. 2045. [33 U.S.C. 2348] PROJECT ACCELERATION.

(a) Definitions.-- * * *

* * * * * * *

(l) Categorical Exclusions.--
(1) In general.--Not later than 180 days after the
date of enactment of the [Water Resources Reform and
Development Act of 2014] America's Water Infrastructure
Act of 2018, the Secretary shall--
(A) survey the use by the Corps of Engineers
of categorical exclusions in projects since
[2005] 2014;
(B) publish a review of the survey that
includes a description of--
(i) the types of actions that were
categorically excluded or could be the
basis for developing a new categorical
exclusion; and
(ii) any requests previously received
by the Secretary for new categorical
exclusions; and
(C) solicit requests from other Federal
agencies and project sponsors for new
categorical exclusions.
(2) New categorical exclusions.--Not later than 1
year after the date of enactment of the [Water
Resources Reform and Development Act of 2014] America's
Water Infrastructure Act of 2018, if the Secretary has
identified a category of activities that merit
establishing a categorical exclusion that did not exist
on the day before the date of enactment of the [Water
Resources Reform and Development Act of 2014] America's
Water Infrastructure Act of 2018 based on the review
under paragraph (1), the Secretary shall publish a
notice of proposed rulemaking to propose that new
categorical exclusion, to the extent that the
categorical exclusion meets the criteria for a
categorical exclusion under section 1508.4 of title 40,
Code of Federal Regulations [(or successor regulation)]
(as in effect on the date of enactment of the America's
Water Infrastructure Act of 2018).

* * * * * * *

TITLE V--MISCELLANEOUS

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 2019] each
of fiscal years 2008 through 2021.

* * * * * * *

TITLE IX--NATIONAL LEVEE SAFETY PROGRAM

SEC. 9005. [33 U.S.C. 3303A] LEVEE SAFETY INITIATIVE.

(a) Establishment.-- * * *

* * * * * * *

(5) Public comment.-- * * *

* * * * * * *

(6) Updates.--Not later than 1 year after the date of
enactment of the America's Water Infrastructure Act of
2018, the Secretary shall update the guidelines issued
under paragraph (1) in accordance with this subsection.

* * * * * * *

(g) State, Regional, and Tribal Levee Safety Program.--
(1) Guidelines.--
(A) In general.-- * * *

* * * * * * *

(D) Update.--Not later than 1 year after the
date of enactment of the America's Water
Infrastructure Act of 2018, the Secretary shall
update the guidelines issued under subparagraph
(A) in accordance with this paragraph.
(2) Assistance to states, regional districts, and
indian tribes.--
(A) Establishment.-- * * *

* * * * * * *

(E) Authorization of appropriations.--
(i) In general.--There is authorized
to be appropriated to the Administrator
to carry out this subsection
$25,000,000 [for each of fiscal years
2015 through 2019] for each of fiscal
years 2015 through 2021.

* * * * * * *

(h) Levee Rehabilitation Assistance Program.--
(1) Establishment.-- * * *

* * * * * * *

(3) Floodplain management plans.--
(A) In general.-- * * *

* * * * * * *

(E) Technical support.--The Secretary may
provide technical support for the development
and implementation of floodplain management
plans prepared under this paragraph.
(F) Update.--Not later than 1 year after the
date of enactment of the America's Water
Infrastructure Act of 2018, the Secretary shall
update the guidelines issued under subparagraph
(D).

SEC. 9006. [33 U.S.C. 3303B] REPORTS.

(a) State of Levees.--
(1) In general.-- * * *

* * * * * * *

(b) National Dam and Levee Safety Program.--Not later than 3
years after the date of enactment of this subsection, , and not
later than 1 year after the date of enactment of the America's
Water Infrastructure Act of 2018, to the maximum extent
practicable, the Secretary and the Administrator, in
coordination with the committee, shall submit to Congress and
make publicly available a report that includes recommendations
regarding the advisability and feasibility of, and potential
approaches for, establishing a joint national dam and levee
safety program.

* * * * * * *

(c) Alignment of Federal Programs Relating to Levees.--Not
later than 2 years after the date of enactment of the Water
Resources Development Act of 2016 , and not later than 1 year
after the date of enactment of the America's Water
Infrastructure Act of 2018, the Comptroller General of the
United States shall submit to Congress a report on
opportunities for alignment of Federal programs to provide
incentives to State, regional, tribal, and local governments
and individuals and entities--

* * * * * * *

(d) Liability for Certain Levee Engineering Projects.--Not
later than 1 year after the date of enactment of the Water
Resources Development Act of 2016, and not later than 1 year
after the date of enactment of the America's Water
Infrastructure Act of 2018, the Secretary shall submit to
Congress and make publicly available a report that includes
recommendations that identify and address any legal liability
associated with levee engineering projects that prevent--

* * * * * * *

SEC. 9008. [33 U.S.C. 3305] AUTHORIZATION OF APPROPRIATIONS.

There [is] arethorized to be appropriated to the
Secretary--
(1) to carry out sections 9003, 9005(c), 9005(d),
9005(e), and 9005(f),$4,000,000 [for each of fiscal
years 2015 through 2019] for each of fiscal years 2015
through 2021;
(2) to carry out section 9004, $20,000,000 [for each
of fiscal years 2015 through 2019] for each of fiscal
years 2015 through 2021; and
(3) to carry out section 9005(h), $30,000,000 [for
each of fiscal years 2015 through 2019] for each of
fiscal years 2015 through 2021.

* * * * * * *

WATER RESOURCES REFORM AND DEVELOPMENT ACT OF 2014

* * * * * * *

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.
Sec. 5036. Innovative financing for State loan funds.

TITLE I--PROGRAM REFORMS AND STREAMLINING

(a) * * *

* * * * * * *

SEC. 1001. [33 U.S.C. 2282C] VERTICAL INTEGRATION AND ACCELERATION OF
STUDIES.

(a) In General.-- * * *

* * * * * * *

(d) Exception.--
(1) In general.-- * * *

* * * * * * *

(4) Limitation.--The Secretary shall not extend the
timeline for a feasibility study for a period of more
than [7 years] 10 years, and any feasibility study that
is not completed before that date shall no longer be
authorized.

* * * * * * *

SEC. 1017. [33 U.S.C. 2212 NOTE] ACCEPTANCE OF CONTRIBUTED FUNDS TO
INCREASE LOCK OPERATIONS.

(a) In General.-- * * *

* * * * * * *

(f) Termination.--The authority to accept funds under this
section shall terminate [5 years] 10 years after the date of
enactment of this Act.

* * * * * * *

SEC. 1022. [33 U.S.C. 2225] CREDIT IN LIEU OF REIMBURSEMENT.

(a) Requests for Credits.-- * * *

* * * * * * *

(b) Application of Credits.--At the request of the non-
Federal interest, the Secretary may apply all or a portion of
such credit to the non-Federal share of the cost of carrying
out other water resources development projects or studies of
the non-Federal interest or of any governmental entity to which
such credit is transferred, subject to the condition that the
Secretary approves the transfer.

* * * * * * *

SEC. 1043. [33 U.S.C. 2201 NOTE] NON-FEDERAL IMPLEMENTATION PILOT
PROGRAM.

(a) Non-Federal Implementation of Feasibility Studies.--
(1) In general.-- * * *

* * * * * * *

(5) Report.--
(A) In general.-- * * *

* * * * * * *

(B) Update.--Not later than 5 years after the
date of enactment of this Act and not later
than 3 years after the date of enactment of the
America's Water Infrastructure Act of 2018, 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
an update of the report described in
subparagraph (A).

* * * * * * *

(7) Termination of authority.--The authority to
commence a feasibility study under this subsection
terminates on the date that is [5 years] 7 years after
the date of enactment of this Act.
(8) Authorization of appropriations.--In addition to
any amounts appropriated for a specific project, there
is authorized to be appropriated to the Secretary to
carry out the pilot program under this subsection,
including the costs of administration of the Secretary,
25,000,000 for [each of fiscal years 2015 through 2019]
each of fiscal years 2015 through 2021.
(b) Non-Federal Project Implementation Pilot Program.--
(1) In general.-- * * *

* * * * * * *

(3) Administration.--
(A) In general.--In carrying out the pilot
program, the Secretary shall--
(i) identify a total of not more than
15 projects for flood risk management,
hurricane and storm damage reduction
(including levees, floodwalls, flood
control channels, and water control
structures), coastal harbor and
channels, inland navigation, and
aquatic ecosystem restoration that have
been authorized for construction prior
to the [date of enactment of this Act]
date of enactment of the America's
Water Infrastructure Act of 2018,
including--
(I) not more than 12 projects
that--
(aa)(AA) have
received Federal funds
prior to the [date of
enactment of this Act]
date of enactment of
the America's Water
Infrastructure Act of
2018; or

* * * * * * *

(4) Cost share.--Nothing in this subsection affects
the cost-sharing requirement [applicable on the day
before the date of enactment of this Act] otherwise
applicable to a project carried out under this
subsection.
(5) Report.--
(A) In general.-- * * *

* * * * * * *

(7) Termination of authority.--The authority to
commence a project under this subsection terminates on
the date that is [5 years] 7 years after the date of
enactment of this Act.
(8) Authorization of appropriations.--In addition to
any amounts appropriated for a specific project, there
is authorized to be appropriated to the Secretary to
carry out the pilot program under this subsection,
including the costs of administration of the Secretary,
$25,000,000 for [each of fiscal years 2015 through
2019] each of fiscal years 2015 through 2021.

* * * * * * *

TITLE IV--RIVER BASINS AND COASTAL AREAS

SEC. 4003. MISSOURI RIVER.

(a) Upper Missouri Basin Flood and Drought Monitoring.--
(1) In general.-- * * *

* * * * * * *

(6) Prioritization.--To the maximum extent
practicable, in carrying out any projects or programs
of the Secretary, the Secretary shall give priority to
activities under this subsection.

* * * * * * *

SEC. 4014. [33 U.S.C. 2803A] OCEAN AND COASTAL RESILIENCY.

(a) In General.-- * * *

* * * * * * *

(c) Disposition.--
(1) In general.--The Secretary may carry out a
project identified in the study pursuant to subsection
(a) in accordance with the criteria for projects
carried out under one of the following authorities:
(A) Section 206(a)-(d) of the Water Resources
Development Act of 1996 (33 U.S.C. 2330(a)-
(d)).
[(B) Section 1135(a)-(g) and (i) of the Water
Resources Development Act of 1986 (33 U.S.C.
2309a(a)-(g) and (i)).]
(B) Section 1135 of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a).

* * * * * * *

TITLE V--WATER INFRASTRUCTURE FINANCING

[Subtitle C--Innovative Financing Pilot Projects]

Subtitle C--Innovative Financing Projects

* * * * * * *

TITLE VI--DEAUTHORIZATION AND BACKLOG PREVENTION

SEC. 6003. [33 U.S.C. 579C] BACKLOG PREVENTION.

(a) Project Deauthorization.--
(1) In general.--A water resources development
project, or separable element of such a project,
authorized for construction by this Act shall not be
authorized after the last day of the [7-year period]
10-year period beginning on the date of enactment of
this Act unless funds have been obligated for
construction of such project during that period.
(2) Identification of projects.--Not later than 60
days after the expiration of the [7-year period] 10-
year period referred to in paragraph (1), 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 the projects deauthorized under
paragraph (1).
(3) Calculation.--In calculating the time period
under paragraph (1), the Secretary shall not include
any period of time during which the project is being
reviewed and awaiting a decision by the Secretary on a
locally preferred plan for that project under section
1036(a).
(4) Exception.--The Secretary shall not deauthorize
any project during the period described in paragraph
(3).

* * * * * * *

TITLE VII--WATER RESOURCES INFRASTRUCTURE

SEC. 7002. AUTHORIZATION OF FINAL FEASIBILITY STUDIES.

* * * * * * *

(1) Navigation.--

------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
3. GA Savannah Harbor Aug. 17, 2012 Federal: [$492,000,000]
Expansion Project $677,613,600
Non-Federal: [$214,000,000]
$295,829,400
Total: [$706,000,000]
$973,443,000
------------------------------------------------------------------------
------------------------------------------------------------------------

* * * * * * *
SEC. 7004. EXPEDITED CONSIDERATION IN THE HOUSE AND SENATE.

(a) Consideration in the House of Representatives.--
(1) * * *

* * * * * * *

(b) Consideration in the Senate.--
(1) Policy.-- * * *

* * * * * * *

(4) Termination.--The procedures for expedited
consideration under this subsection terminate on
[December 31, 2018.] December 31, 2024

* * * * * * *

FLOOD CONTROL ACT OF 1936

(33 U.S.C. 701H)

* * * * * * *

SEC. 701H. CONTRIBUTIONS BY STATES, POLITICAL SUBDIVISIONS, AND OTHER
NON-FEDERAL INTERESTS

The Secretary of the Army 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 the Army, 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 the Army, 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: Provided, That the
Secretary is authorized to receive and expend funds from a
State or a political subdivision thereof, and other non-Federal
interests or private entities, to operate a hurricane barrier
project to support recreational activities at or in the
vicinity of the project, at no cost to the Federal Government,
if the Secretary determines that operation for such purpose is
not inconsistent with the operation and maintenance of the
project for the authorized purposes of the project Provided
further, That the Secretary is authorized to receive and expend
funds from a State or a political subdivision of a State,
another non-Federal interest, or an owner of a non-Federal
reservoir to formulate, review, or revise operational documents
for any non-Federal reservoir for which the Secretary is
authorized to prescribe regulations for the use of storage
allocated for flood control or navigation pursuant to section 7
of the Act of December 22, 1944 (58 Stat. 890, chapter 665; 33
U.S.C. 709):

* * * * * * *

FLOOD CONTROL ACT OF 1941

* * * * * * *

SEC. 5. [33 USC 701N] (A)(1) * * *

* * * * * * *

(2) * * *

* * * * * * *

(3) Extended assistance.--
(A) In general.--A State, Tribe, or other
entity receiving assistance under the fourth
sentence of paragraph (1) on land the State,
Tribe, or entity owns, has jurisdiction over,
or otherwise controls, may petition the
Secretary for extended assistance, to apply
after the 30-day period of the project under
section 203.61(b)(8) of title 33, Code of
Federal Regulations (or successor regulations).
(B) Assistance.--On a petition under
subparagraph (A), the Secretary shall provide
extended assistance in accordance with this
paragraph.
(C) Cost-sharing.--Except as provided in
subparagraph (D), extended assistance under
this paragraph shall be subject to a minimum
non-Federal cost-sharing requirement of 45
percent.
(D) Exception.--The Secretary--
(i) may waive or reduce the minimum
non-Federal cost-sharing requirement
under subparagraph (C), at the
discretion of the Secretary, if the
Secretary determines that the financial
situation of the non-Federal sponsor of
the project warrants a reduction; and
(ii) may not impose a non-Federal
cost-sharing requirement on a project
serving a disadvantaged community (as
defined in section 1452(d) of the Safe
Drinking Water Act (42 U.S.C. 300j-
12(d)).
(E) Factors.--In determining how to best
provide extended assistance under this
paragraph, the Secretary shall consider whether
granting the extended assistance would--
(i) minimize costs of long-term
burdens on the non-Federal sponsor of
the project;
(ii) increase the resiliency of the
project; and
(iii) align with long-term solutions
to problems that the project seeks to
rectify.
(F) Sunset.--The authority of the Secretary
to provide extended assistance under this
paragraph shall terminate on the date that is 2
years after the date of enactment of the
America's Water Infrastructure Act of 2018.

* * * * * * *

[(3)] (4) * * *

* * * * * * *

(e) Notice.-- * * *

* * * * * * *

(f) Long Term Flood-risk Reduction.--
(1) In general.--The Secretary shall provide
assistance for the operation and maintenance of any
project constructed under this section that, as
determined by the Secretary, becomes permanent due to
the extended presence of assistance from the Secretary
under subsection (a).
(2) No time limitation.--Notwithstanding any other
provision of this section or any other law, the
Secretary may provide assistance under this subsection
for any period of time, as determined by the Secretary.
(3) Cost-share.--The cost of operation and
maintenance provided under this subsection for a
project shall be subject to the cost-sharing provisions
that would otherwise apply to such a project.
(4) Termination.--The authority to provide assistance
under this subsection terminates on the date that is 10
years after the date of enactment of the America's
Water Infrastructure Act of 2018.

* * * * * * *

FLOOD CONTROL ACT OF 1944

* * * * * * *

SEC. 2. * * *

* * * * * * *

[Sec. 7. [33 U.S.C. 709] Herefater, it shall be the duty of
the Secretary of the Army to]

SEC. 7. WATER STORAGE.

(a) Pricing of Contracts.--
(1) In general.--Subject to paragraph (2), the
Secretary of the Army shall price each water storage
contract entered into by the Secretary at fair market
value.
(2) Fair market value requirement.--For purposes of
paragraph (1), the fair market value of a water storage
contract shall not exceed 110 percent of the lowest-
contracted price at any facility of the Corps of
Engineers located within 50 miles of the water source
covered by the contract, as adjusted for inflation.
(b) Flood Control and Navigation.--
(1) In general.--Except as provided in paragraph (2),
the Secretary of the Army shallprescribe regulations
for the use of storage allocated for flood control or
navigation at all reservoirs constructed wholly or in
part with Federal funds provided on the basis of such
purposes, and the operation of any such project shall
be in accordance with [such regulations: Provided, That
this section] those regulations.
(2) Exception.--This subsection shall not apply to
the Tennessee Valley Authority, except that in case of
danger from floods on the Lower Ohio and Mississippi
Rivers the Tennessee Valley Authority is directed to
regulate the release of water from the Tennessee River
into the Ohio River in accordance with such
instructions as may be issued by the Department of the
Army.

* * * * * * *

FLOOD CONTROL ACT OF 1946

(33 U.S.C. 701R)

* * * * * * *

SEC. 701R. PROTECTION OF HIGHWAYS, BRIDGE APPROACHES, PUBLIC WORKS, AND
NONPROFIT PUBLIC SERVICES

The Secretary of the Army is authorized to allot from any
appropriations heretofore or hereafter made for flood control,
not to exceed [$20,000,000] $25,000,000 per year, for the
construction, repair, restoration, and modification of
emergency streambank and shoreline protection works to prevent
damage to highways, bridge approaches, and public works,
churches, hospitals, schools, and other nonprofit public
services, when in the opinion of the Chief of Engineers such
work is advisable: Provided, That not more than [$5,000,000 ]
$7,500,000 shall be allotted for this purpose at any single
locality from the appropriations for any [one fiscal year.] 1
fiscal year: Provided further, That the Secretary shall give
priority to areas that are recovering from significant high
water levels or flooding that occurred within the 24-month
period ending on the date on which the Secretary makes an
allotment under this section.

* * * * * * *

FLOOD CONTROL ACT OF 1948

* * * * * * *

SEC. 205. [33 USC 701S]

That the Secretary of the Army is hereby authorized to
allot from any appropriations heretofore or hereafter made for
flood control, not to exceed [$55,000,000] $82,500,000 for any
one fiscal year, for the implementation of small structural and
nonstructural projects for flood control and related purposes
not specifically authorized by Congress, which come within the
provisions of section 1 of the Flood Control Act of June 22,
1936, when in the opinion of the Chief of Engineers such work
is advisable. The amount allotted for a project shall be
sufficient to complete Federal participation in the project.
Not more than [$10,000,000] $15,000,000 shall be allotted under
this section for a project at any single locality. The
provisions of local cooperation specified in section 3 of the
Flood Control Act of June 22, 1936, as amended, shall apply.
The work shall be complete in itself and not commit the United
States to any additional improvement to insure its successful
operation, except as may result from the normal procedure
applying to projects authorized after submission of preliminary
examination and survey reports.

* * * * * * *

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.-- * * *

* * * * * * *

(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] (including an
Indian tribe and tribal organization (as those terms
are defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304)); or

* * * * * * *

ACT OF OCTOBER 15, 1940

[33 U.S.C. 701H-1]

* * * * * * *

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 purposek, 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) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary to provide repayment under
subsection (b) $50,000,000 for each of fiscal years 2020 and
2021.
(d) Definition of State.--In this section, the term `State'
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 tribal
organization (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 5304)).

* * * * * * *

ACT OF AUGUST 13, 1946

* * * * * * *

SEC. 3. [33 U.S.C. 426G] STORM AND HURRICANE RESTORATION AND IMPACT
MINIMIZATION PROGRAM.

(a) * * *

* * * * * * *

(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]
$45,000,000 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 the
first section of this Act), as determined by
the Secretary; and
(B) be not more than [$10,000,000]
$15,000,000.

* * * * * * *

WATER INFRASTRUCTURE IMPROVEMENTS FOR THE NATION ACT

* * * * * * *

TITLE I--WATER RESOURCES DEVELOPMENT

SEC 1. [33 U.S.C. 2201 NOTE] SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.-- * * *

* * * * * * *

SEC. 1150. [33 U.S.C. 701S NOTE] ICE JAM PREVENTION AND MITIGATION.

(a) In general.-- * * *

* * * * * * *

(c) Pilot Program.--
(1) In general.--[During fiscal years 2017 through
2022, the Secretary] The Secretary shall identify and
carry out not fewer than [10 projects] 20 projects
under this section to demonstrate technologies and
designs developed in accordance with this section.
(2) Project Selection.--The Secretary [shall ensure]
shall--
(A) ensure that the projects are selected
from all cold regions of the United States,
including the Upper Missouri River Basin and
the Northeast[.] ; and
(B) select not less than 1 project on a
reservation (as defined in section 3 of the
Indian Financing Act of 1974 (25 U.S.C. 1452))
that serves more than 1 Indian tribe (as
defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 5304)).
(3) Prioritization.--In selecting projects under
paragraph (1), the Secretary shall give priority to--
(A) projects in the Upper Missouri River
Basin; and
(B) projects in the Northeast.

* * * * * * *

SEC. 1172. [33 U.S.C. 2354] EASEMENTS FOR ELECTRIC, TELEPHONE, OR
BROADBAND SERVICE FACILITIES.

(a) * * *

* * * * * * *

(c) Certain Easements.--
(1) In general.--The Secretary shall grant an
easement across water resources development project
land for the electric, telephone, or broadband service
facilities of a nonprofit organization that is eligible
for financing under the Rural Electrification Act of
1936 (7 U.S.C. 901 et seq.) if the easement does not
interfere with the safe functioning of the water
resources development project.
(2) Placement.--The placement of an easement under
paragraph (1) shall be at the discretion of the
Secretary.
[(c)] (d) Administrative Expenses.-- * * *

* * * * * * *

SEC. 1177. [33 U.S.C. 467F-2 NOTE] REHABILITATION OF CORPS OF ENGINEERS
CONSTRUCTED DAMS.

(a) In general.-- * * *

* * * * * * *

(e) Cost Limitation.--The Secretary shall not expend more
than [$10,000,000] $40,000,000 for a project at any single dam
under this section.
(f) Funding.-- There is authorized to be appropriated to
carry out this section [10,000,000] $40,000,000 for each of
fiscal years 2017 through 2026.

* * * * * * *

SEC. 1178. COLUMBIA RIVER.

(a) Ecosystem restoration.-- * * *

* * * * * * *

(c) Tribal Assistance.--
(1) Assistance authorized.--
(A) In general.--[Upon the request of the
Secretary of the Interior, the Secretary may
provide assistance] The Secretary, in
consultation with the Secretary of the
Interior, may provide assistance on land
transferred by the Department of the Army to
the Department of the Interior pursuant to
title IV of Public Law 100-581 (102 Stat. 2944;
110 Stat. 766; 110 Stat. 3762; 114 Stat. 2679;
118 Stat. 544) to Indian tribes displaced as a
result of the construction of the Bonneville
Dam, Oregon.

SEC. 1179. MISSOURI RIVER.

(a) Reservoir Sediment Management.--
(1) Definition of sediment management plan.-- * * *

* * * * * * *

(3) Plan elements.-- * * *

* * * * * * *

(4) Prioritization of sediment management plans.--In
carrying out the pilot project under this subsection,
the Secretary shall give priority to developing and
implementing sediment management plans that affect
reservoirs that cross State lines.
[(4)] (5) Cost Share.--The beneficiaries requesting a
sediment management plan shall share in the cost of
development and implementation of the plan and such
cost shall be allocated among the beneficiaries in
accordance with the benefits to be received.
[(5)] (6) Contributed funds.--The Secretary may
accept funds from non-Federal interests and other
Federal agencies to develop and implement a sediment
management plan under this subsection.
[(6)] (7) Guidance.--The Secretary shall use the
knowledge gained through the development and
implementation of sediment management plans under
paragraph (2) to develop guidance for sediment
management at other reservoirs.
[(7)[ (8) Partnership with secretary of the
interior.-- * * *
[(A) In general.--The Secretary shall carry
out the pilot program established under this
subsection in partnership with the Secretary of
the Interior, and the program may apply to
reservoirs managed or owned by the Bureau of
Reclamation on execution of a memorandum of
agreement between the Secretary and the
Secretary of the Interior establishing the
framework for a partnership and the terms and
conditions for sharing expertise and
resources.]
(A) In general.--The Secretary shall carry
out the pilot program established under this
subsection in partnership with the Secretary of
the Interior, and the program shall apply to
reservoirs managed or owned by the Bureau of
Reclamation.
(B) Memorandum of agreement.--For sediment
management plans that apply to a reservoir
managed or owned by the Bureau of Reclamation
under subparagraph (A), the Secretary and the
Secretary of the Interior shall execute a
memorandum of agreement establishing the
framework for a partnership and the terms and
conditions for sharing expertise and resources.
[(B)] (C) Lead Agency.--
[(8)] (9) Other authorities not affected.--Nothing in
this subsection affects sediment management or the
share of costs paid by Federal and non-Federal
interests relating to sediment management under any
other provision of law (including regulations).
(10) Prioritization of funds.--To the maximum extent
practicable, in carrying out any projects or programs
of the Secretary or the Secretary of the Interior, the
Secretary and the Secretary of the Interior, as
applicable, shall give priority to activities under
this subsection.

* * * * * * *

Subtitle B--Studies

SEC. 1322. EXPEDITED CONSIDERATION.

(a) In general.-- * * *

* * * * * * *

(b) Expedited Consideration.--
(1) Expedited completion of flood damage reduction
and flood risk management projects.--

* * * * * * *

(2) Expedited completion of feasibility studies.--The
Secretary shall give priority funding and expedite
completion of the reports for the following projects,
and, [if the Secretary determines that a project is
justified in the completed report, proceed directly to
project preconstruction, engineering, and design in
accordance with section 910 of the Water Resources
Development Act of 1986 (33 U.S.C. 2287)] once the
general reevaluation report for the project has been
submitted for approval, shall immediately initiate
preconstruction engineering and design for the project:

* * * * * * *

TITLE III--NATURAL RESOURCES

SEC. 3101. [25 U.S.C. 3805] INDIAN DAM SAFETY.

(a) Definitions.--In this section:
(1) Dam.-- * * *

* * * * * * *

(b) Indian Dam Safety Deferred Maintenance Funds.--
(1) High-hazard fund.--
(A) Establishment.-- * * *

* * * * * * *

(i) In general.--For [each of fiscal
years 2017 through 2023] each of fiscal
years 2017 through 2030, the Secretary
of the Treasury shall deposit in the
Fund $22,750,000 from the general fund
of the Treasury.
(ii) Availability of amounts.--
Amounts deposited in the Fund under
clause (i) shall be used, subject to
appropriation, to carry out this
section.
(C) Expenditures from fund.--
(i) In general.--Subject to clause
(ii), for [each of fiscal years 2017
through 2023] each of fiscal years 2017
through 2030, the Secretary may, to the
extent provided in advance in
appropriations Acts, expend from the
Fund, in accordance with this section,
not more than the sum of--

* * * * * * *

(F) Termination.--On [September 30, 2023]
September 30, 2030--

* * * * * * *

(2) Low-hazard fund.--
(A) Establishment.-- * * *

* * * * * * *

(B) Deposits to fund.--
(i) In general.--For [each of fiscal
years 2017 through 2023] each of fiscal
years 2017 through 2030, the Secretary
of the Treasury shall deposit in the
Fund $10,000,000 from the general fund
of the Treasury.
(ii) Availability of Amounts.--
Amounts deposited in the Fund under
clause (i) shall be used, subject to
appropriation, to carry out this
section.
(C) Expenditures from fund.--
(i) In general.--Subject to clause
(ii), for [each of fiscal years 2017
through 2023] each of fiscal years 2017
through 2030, the Secretary may, to the
extent provided in advance in
appropriations Acts, expend from the
Fund, in accordance with this section,
not more than the sum of--

* * * * * * *

(F) Termination.--On [September 30, 2023]
September 30, 2030--

* * * * * * *

(B) Funding.--
(i) High-hazard fund.--Consistent
with subsection (b)(1)(B), the
Secretary shall use or transfer to the
Bureau of Indian Affairs not less than
$22,750,000 of amounts in the High-
Hazard Indian Dam Safety Deferred
Maintenance Fund, plus accrued
interest, for [each of fiscal years
2017 through 2023] each of fiscal years
2017 through 2030 to carry out
maintenance, repair, and replacement
activities for 1 or more of the Indian
dams described in paragraph (2)(A).
(ii) Low-hazard fund.--Consistent
with subsection (b)(2)(B), the
Secretary shall use or transfer to the
Bureau of Indian Affairs not less than
$10,000,000 of amounts in the Low-
Hazard Indian Dam Safety Deferred
Maintenance Fund, plus accrued
interest, for [each of fiscal years
2017 through 2023] each of fiscal years
2017 through 2030 to carry out
maintenance, repair, and replacement
activities for 1 or more of the Indian
dams described in paragraph (2)(B).
(C) Compliance with dam safety policies.-- *
* *

* * * * * * *

(5) Allocation among dams.--
(A) In general.--Subject to subparagraph (B),
to the maximum extent practicable, the
Secretary shall ensure that, for [each of
fiscal years 2017 through 2023] each of fiscal
years 2017 through 2030, each Indian dam
eligible for funding under paragraph (2) that
has critical maintenance needs receives part of
the funding under paragraph (1) to address
critical maintenance needs.

* * * * * * *

(f) Flood Plain Management Pilot Program.--
(1) Establishment.-- * * *

* * * * * * *

(2) Termination.--The program shall terminate on the
date that is [4 years] 11 years after the date of
enactment of this Act.
(3) Funding.--Of the amounts authorized to be
expended from either Fund, $250,000 shall be made
available from either Fund during [each of fiscal years
2017, 2018, and 2019] each of fiscal years 2017 through
2026 to carry out this subsection, to remain available
until expended.

* * * * * * *

SEC. 3212. DEPOSITS TO FUND.

(a) In general.--For [each of fiscal years 2017 through 2021]
each of fiscal years 2017 through 2028, the Secretary of the
Treasury shall deposit in the Fund $35,000,000 from the general
fund of the Treasury.

* * * * * * *

SEC. 3213. EXPENDITURES FROM FUND.

(a) In general.--Subject to subsection (b), for [each of
fiscal years 2017 through 2021] each of fiscal years 2017
through 2028, the Secretary may, to the extent provided in
advance in appropriations Acts, expend from the Fund, in
accordance with this subtitle, not more than the sum of--

* * * * * * *

SEC. 3216. TERMINATION.

On [September 30, 2021] September 30, 2028--

* * * * * * *

SEC. 3221. REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN INDIAN
IRRIGATION PROJECTS.

(a) In general.-- * * *

* * * * * * *

(b) Funding.--Consistent with section 3213, the Secretary
shall use or transfer to the Bureau of Indian Affairs not less
than $35,000,000 of amounts in the Fund, plus accrued interest,
for [each of fiscal years 2017 through 2021] each of fiscal
years 2017 through 2028 to carry out maintenance, repair, and
replacement activities for 1 or more of the Indian irrigation
projects described in section 3222 (including any structures,
facilities, equipment, personnel, or vehicles used in
connection with the operation of those projects), subject to
the condition that the funds expended under this part shall not
be--

* * * * * * *

SEC. 3224. STUDY OF INDIAN IRRIGATION PROGRAM AND PROJECT MANAGEMENT.

(a) Tribal consultation and user input.-- * * *

* * * * * * *

(d) Status Report.--Not later than 2 years after the date of
enactment of this Act, and not less frequently than every 2
years thereafter (until the end of [fiscal year 2021] fiscal
year 2028), the Secretary, acting through the Assistant
Secretary for Indian Affairs, shall submit to the Committee on
Indian Affairs of the Senate and the Committee on Natural
Resources of the House of Representatives a report that
includes a description of--

* * * * * * *

SEC. 3226. ALLOCATION AMONG PROJECTS.

(a) In general.--Subject to subsection (b), to the maximum
extent practicable, the Secretary shall ensure that, for [each
of fiscal years 2017 through 2021] each of fiscal years 2017
through 2028, each Indian irrigation project eligible for
funding under section 3222 that has critical maintenance needs
receives part of the funding under section 3221 to address
critical maintenance needs.
(b) Priority.--In allocating amounts under section 3221(b),
in addition to considering the funding priorities described in
section 3223, the Secretary shall give priority to eligible
Indian irrigation projects serving more than 1 Indian tribe
within an Indian reservation and to projects for which funding
has not been made available during the 10-year period ending on
[the day before the date of enactment of this Act] the day
before the date of enactment of the America's Water
Infrastructure Act of 2018 under any other Act of Congress that
expressly identifies the Indian irrigation project or the
Indian reservation of the project to address the deferred
maintenance, repair, or replacement needs of the Indian
irrigation project.

* * * * * * *

Subtitle G--Blackfeet Water Rights Settlement

SEC. 3718. AUTHORIZATION OF APPROPRIATIONS.

(a) In general.-- * * *

* * * * * * *

(c) Blackfeet Water Rights Settlement.--Notwithstanding
sections 3716(e) and 3717(e), to the extent funds have been
appropriated, 50 percent of the amounts appropriated to the
Blackfeet Settlement Trust Fund and 50 percent of the amounts
appropriated to the Blackfeet Water Settlement Implementation
Fund under this section shall be available to the Tribe and the
Secretary in a manner consistent with this title on the
execution of the waivers and releases under section 3720(a).

* * * * * * *

SEC. 3720. WAIVERS AND RELEASES OF CLAIMS.

(a) In general.--
(1) * * *

* * * * * * *

(3) * * *

* * * * * * *

(B) reserved in subsections (b) through (d)
of [section 3706] section 6 of the settlement
for the case styled Blackfeet Tribe v. United
States, No. 02-127L (Fed. Cl. 2012); and

* * * * * * *

(h) Expiration.--If all appropriations authorized by this
subtitle have not been made available to the Secretary by
[January 21, 2026] January 21, 2025, or such alternative later
date as is agreed to by the Tribe and the Secretary, the
waivers and releases described in this section shall--

* * * * * * *

RIVER AND HARBOR ACT OF 1958

* * * * * * *

TITLE I--RIVERS AND HARBORS

Sec. 104. [33 U.S.C. 610] (a)
(1) In general.-- * * *

* * * * * * *

[(b) There are authorized to be appropriated such amounts,
not excess of $40,000,000, of which $20,000,000 shall be made
available to implement subsection (d), annually, as may be
necessary to carry out the provisions of this section. Any such
funds employed for control operations shall be allocated by the
Chief of Engneers on a priority basis, based upon the urgency
and need of each area, and the availability of local funds.]
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated $80,000,000 to carry out this section for
each fiscal year, of which--
(A) $30,000,000 shall be made available to
carry out subsection (d)(1)(A)(i); and
(B) $30,000,000 shall be made available to
carry out subsection (d)(1)(A)(ii).
(2) Control operations.--Any funds under paragraph
(1) used for control operations shall be allocated by
the Chief of Engineers on a priority basis, based on
the urgency and need of each area and the availability
of local funds.

* * * * * * *

(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 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.]
(1) In general.--
(A) Watercraft inspection stations.--In
carrying out this section, the Secretary shall
establish, operate, and maintain new or
existing watercraft inspection stations--
(i) to protect the Columbia River
Basin; and
(ii) to protect the Upper Missouri
River Basin.
(B) Locations.--The Secretary shall place
watercraft inspection stations under
subparagraph (A) at locations, as determined by
the Secretary in consultation with States
within the areas described in subparagraph (A),
with the highest likelihood of preventing the
spread of aquatic invasive species at
reservoirs operated and maintained by the
Secretary.
(C) Rapid response.--The Secretary shall
assist the States within the areas described in
subparagraph (A) with rapid response to any
aquatic invasive species, including quagga or
zebra mussel, infestation.

* * * * * * *

(3) Coordination.--In carrying out this subsection,
the Secretary shall consult and coordinate with--
[(A) the States described in paragraph (1)]
(A) the Governors of the States within the
areas described in clause (i) or (ii) of
paragraph (1)(A), as applicable,

* * * * * * *

THE RIVER AND HARBOR ACT OF 1960

* * * * * * *

Sec. 107. [33 USC 577] (a) That the Secretary of the Army is
authorized to allot from any appropriations hereafter made for
rivers and harbors not to exceed [$50,000,000] $62,500,000 for
any one fiscal year for the construction of small river and
harbor improvement projects not specifically authorized by
Congress which will result in substantial benefits to
navigation and which can be operated consistently with
appropriate and economic use of the waters of the Nation for
other purposes, when in the opinion of the Chief of Engineers
such work is advisable, if benefits are in excess of the cost.
(b) Not more than [$10,000,000] $12,500,000 shall be allotted
for the construction of a project under this section at any
single locality and the amount allotted shall be sufficient to
complete the Federal participation in the project under this
section.

* * * * * * *

RIVER AND HARBOR ACT OF 1968

* * * * * * *

Sec. 111. [33 USC 426i] (a) In General.-- * * *

* * * * * * *

(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] $15,000,000.

* * * * * * *

(e) Reimbursement for feasibility studies.-- * * *

* * * * * * *

(f) Certain Projects.--Subject to the availability of
appropriations, in the case of a project under this section
that, on the date of enactment of the America's Water
Infrastructure Act of 2018, is authorized to be carried out at
a cost greater than $10,000,000, the Secretary may provide to
the project an increase in funding equal to the lesser of--
(1) 50 percent of the authorized amount; and
(2) $5,000,000.

* * * * * * *

ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT,
2014

Consolidated Appropriations Act, 2014

* * * * * * *

SEC 1. SHORT TITLE.

This Act may be cited as the ``Consolidated Appropriations
Act, 2014''.

* * * * * * *

DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2014

SEC. 113.

The Cape Arundel Disposal Site in the State of Maine selected
by the Department of the Army as an alternative dredged
material disposal site under section 103(b) of the Marine
Protection Research and Sanctuaries Act of 1972, shall remain
open [for 5 years after enactment of this Act] until December
31, 2021, until the remaining disposal capacity of the site has
been utilized, or until completion of an Environmental Impact
Statement to support final designation of an Ocean Dredged
Material Disposal Site for southern Maine under section 102(c)
of the Marine Protection Research and Sanctuaries Act of 1972,
whichever first occurs, provided that the site conditions
remain suitable for such purpose and that the site may not be
used for disposal of more than 80,000 cubic yards from any
single dredging project.

* * * * * * *

NATIONAL DAM SAFETY PROGRAM ACT

* * * * * * *

SEC. 3. INSPECTION OF DAMS.

(a) In General.-- * * *

* * * * * * *

SEC. 8A. REHABILITATION OF HIGH HAZARD POTENTIAL DAMS.

(a) Establishment of Program.-- * * *

* * * * * * *

[(e) Floodplain Management Plans.--
[(1) In general.--As a condition of receipt of
assistance under this section, the non-Federal sponsor
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.]
(e) Emergency Action Plans.--
(1) In general.--As a condition of receipt of
assistance under this section, the non-Federal sponsor
shall demonstrate that an emergency action plan is in
place to protect the safety of persons and property in
the area potentially affected by a breach of the dam.
(2) Inclusions.--An emergency action plan under
paragraph (1) shall address--
(A) incident detection, evaluation, and
emergency level determination;
(B) notification and communication;
(C) emergency actions;
(D) termination and follow-up; and
(E) public education and awareness of the
emergency action plan.

* * * * * * *

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

(a) National Dam Safety Program.--
(1) Annual amounts.--There are authorized to be
appropriated to FEMA to carry out sections 7, 8, and 12
(in addition to any amounts made available for similar
purposes included in any other Act and amounts made
available under subsections (b) through (e)),
$9,200,000 [for each of fiscal years 2015 through
2019], for each of fiscal years 2015 through 2021 to
remain available until expended.
(b) National Dam Inventory.--There is authorized to be
appropriated to carry out section 6 $500,000 [for each of
fiscal years 2015 through 2019] for each of fiscal years 2015
through 2021.
(c) Public Awareness.--There is authorized to be appropriated
to carry out section 11 $1,000,000 [for each of fiscal years
2015 through 2019] for each of fiscal years 2015 through 2021.
(d) Research.--There is authorized to be appropriated to
carry out section 9 $1,450,000 [for each of fiscal years 2015
through 2019] for each of fiscal years 2015 through 2021, to
remain until expended.
(e) Dam Safety Training.--There is authorized to be
appropriated to carry out section 10 $750,000 [for each of
fiscal years 2015 through 2019] for each of fiscal years 2015
through 2021.
(f) Staff.--There is authorized to be appropriated to FEMA
for the employment of such additional staff personnel as are
necessary to carry out sections 8 through 10 $1,000,000 [for
each of fiscal years 2015 through 2019] for each of fiscal
years 2015 through 2021.

* * * * * * *

FREEDOM TO FISH ACT

* * * * * * *

SEC 1. SHORT TITLE.

* * * * * * *

SEC. 2. RESTRICTED AREAS AT CORPS OF ENGINEERS DAMS.

(a) Definitions.--In this Act:
(1) Restricted area.-- * * *

* * * * * * *

(b) Existing Restricted Area.-- * * *

* * * * * * *

(1) cease implementing and enforcing the restricted
area until the date that is [4 years after the date of
enactment of the Water Resources Reform and Development
Act of 2014] 5 years after the date of enactment of the
America's Water Infrastructure Act of 2018; and
(2) * * *

* * * * * * *

(1) * * *

* * * * * * *

(3) not implement or enforce the restricted area
until the date that is [4 years after the date of
enactment of the Water Resources Reform and Development
Act of 2014] 5 years after the date of enactment of the
America's Water Infrastructure Act of 2018; and

* * * * * * *

GREAT LAKES FISH AND WILDLIFE RESTORATION ACT OF 1990

* * * * * * *

TITLE I--GREAT LAKES FISH AND WILDLIFE RESTORATION

SEC. 1002. [16 U.S.C. 941] FINDINGS.

* * * * * * *

SEC. 1009. [16 U.S.C. 941G] AUTHORIZATION OF APPROPRIATIONS.

[(a) Authorization.--There are authorized to be appropriated
to the Director for each of fiscal years 2016 through 2021-
[(1) $6,000,000 to implement fish and wildlife
restoration proposals as selected by the Director under
section 941c(e) of this title, of which-
[(A) not more than the lesser of 33 1/3
percent or $2,000,000 may be allocated to
implement regional projects by the United
States Fish and Wildlife Service, as selected
by the Director under section 941c(e) of this
title; and
[(B) the lesser of 5 percent or $300,000
shall be allocated to the United States Fish
and Wildlife Service to cover costs incurred in
administering the proposals by any entity; and
[(2) 2,000,000, which shall be allocated for the
activities of the Upper Great Lakes Fish and Wildlife
Conservation Offices and the Lower Great Lakes Fish and
Wildlife Conservation Office under section 941e of this
title.]
(a) In General.--There are authorized to be appropriated to
the Director--
(1) for fiscal year 2019--
(A) $6,600,000 to implement fish and wildlife
restoration proposals and regional projects
selected by the Director under section 1005(d),
of which--
(i) not more than the lesser of 33
\1/3\ percent and $2,000,000 may be
allocated to implement regional
projects; and
(ii) the lesser of 5 percent and
$300,000 shall be allocated to the
United States Fish and Wildlife Service
to cover costs incurred in
administering the proposals by any
entity; and
(B) $2,200,000, which shall be allocated for
the activities of the Upper Great Lakes Fish
and Wildlife Conservation Offices and the Lower
Great Lakes Fish and Wildlife Conservation
Office under section 1007;
(2) for fiscal year 2020--
(A) $7,200,000 to implement fish and wildlife
restoration proposals and regional projects
selected by the Director under section 1005(d),
of which--
(i) not more than the lesser of 33
\1/3\ percent and $2,000,000 may be
allocated to implement regional
projects; and
(ii) the lesser of 5 percent and
$300,000 shall be allocated to the
United States Fish and Wildlife Service
to cover costs incurred in
administering the proposals by any
entity; and
(B) $2,400,000, which shall be allocated for
the activities of the Upper Great Lakes Fish
and Wildlife Conservation Offices and the Lower
Great Lakes Fish and Wildlife Conservation
Office under section 1007; and
(3) for fiscal year 2021--
(A) $7,800,000 to implement fish and wildlife
restoration proposals and regional projects
selected by the Director under section 1005(d),
of which--
(i) not more than the lesser of 33
\1/3\ percent and $2,000,000 may be
allocated to implement regional
projects; and
(ii) the lesser of 5 percent and
$300,000 shall be allocated to the
United States Fish and Wildlife Service
to cover costs incurred in
administering the proposals by any
entity; and
(B) $2,600,000, which shall be allocated for
the activities of the Upper Great Lakes Fish
and Wildlife Conservation Offices and the Lower
Great Lakes Fish and Wildlife Conservation
Office under section 1007.

* * * * * * *

FEDERAL WATER POLLUTION CONTROL ACT

* * * * * * *

TITLE I--RESEARCH AND RELATED PROGRAMS

SEC. 101. (A) * * *

* * * * * * *

SEC. 118. GREAT LAKES.

(a) Findings, Purpose, and Definitions.-- * * *

* * * * * * *

(7) Great lakes restoration initiative.--
(A) Establishment.-- * * *

* * * * * * *

(J) 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.]
(i) In general.--There are authorized
to be appropriated to carry out this
paragraph--
(I) $330,000,000 for fiscal
year 2019;
(II) $360,000,000 for fiscal
year 2020; and
(III) $390,000,000 for fiscal
year 2021.

* * * * * * *

SEC. 119. LONG ISLAND SOUND.--(A) * * *

* * * * * * *

[(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--

* * * * * * *

(2) * * *

* * * * * * *

(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;

* * * * * * *

[(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--]
(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

* * * * * * *

(d) Grants.-- * * *

* * * * * * *

(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.-- * * *

* * * * * * *

(f) Report.--
(1) In general.--Not later than 2 years after the
date of enactment of the America's Water Infrastructure
Act of 2018, 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. 123. COLUMBIA RIVER BASIN RESTORATION

(a) Definitions.--
(d) Grants.-- * * *

* * * * * * *

(1) In General.-- * * *

* * * * * * *

(6) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection--
(A) $5,000,000 for fiscal year 2019; and
(B) $30,000,000 for each of fiscal years 2020
and 2021.

* * * * * * *

TITLE II--GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

SEC. 201. (A) * * *

* * * * * * *

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)] 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 is authorized to
be appropriated to carry out this section $225,000,000 for each
of fiscal years 2019 and 2020, to remain available until
expended.
(g) Allocation of Funds.--For each of fiscal years 2019 and
2020, subject to subsection (h), the Administrator shall use
the amounts made available to carry out this section to provide
grants to municipalities and municipal entities under
subsection (a)(2)--
(1) in accordance with the priority criteria
described in subsection (b); and
(2) with additional priority given to proposed
projects that involve the use of--
(A) nonstructural, low-impact development;
(B) water conservation, efficiency, or reuse;
or
(C) other decentralized stormwater or
wastewater approaches to minimize flows into
the sewer systems.

* * * * * * *

[(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 TREATMENT WORKS.

(a) Definitions.--In this section:
(1) Qualified nonprofit small treatment works
technical assistance provider.--The term `qualified
nonprofit small treatment works technical assistance
provider' means a nonprofit organization that, as
determined by the Administrator--
(A) is qualified and experienced in providing
training and technical assistance to small
treatment works; and
(B) the small treatment works in the State
finds to be the most beneficial and effective.
(2) Small treatment works.--The term `small treatment
works' 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 to provide to owners and
operators of small treatment works onsite technical assistance,
circuit rider technical assistance programs, multi-State,
regional technical assistance programs, and onsite and regional
training, to assist the small treatment works in achieving
compliance with this Act or obtaining financing under this Act
for eligible projects.
(c) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section for grants for small
treatment works technical assistance, $15,000,000 for each of
fiscal years 2019 through 2021.

SEC. 223. TECHNICAL ASSISTANCE FOR 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
75,000, 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 a State agency.
(b) Technical Assistance.--The Administrator may use amounts
made available to carry out this section to provide grants or
cooperative agreements to qualified nonprofit medium treatment
works technical assistance providers to provide to owners and
operators of medium treatment works onsite technical
assistance, circuit-rider technical assistance programs, multi-
State, regional technical assistance programs, and onsite and
regional training to assist medium treatment works that are
facing difficulty in achieving compliance with this Act or
obtaining financing under this Act for eligible projects.
(c) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $10,000,000 for each
of fiscal years 2019 through 2021.

* * * * * * *

TITLE III--STANDARDS AND ENFORCEMENT

* * * * * * *

SEC. 309. (A)(1) * * *

* * * * * * *

(h) Implementation of Integrated Plans Through Enforcement
Tools.--
(1) In general.--In conjunction with an enforcement
action under subsection (a) or (b) relating to
municipal discharges, the Administrator shall inform a
municipality of the opportunity to develop an
integrated plan (as defined in section 402(s)).
(2) Modification.--Any municipality under an
administrative order under subsection (a) or settlement
agreement (including a judicial consent decree) under
subsection (b) that has developed an integrated plan
consistent with section 402(s) may request a
modification of the administrative order or settlement
agreement based on that integrated plan.

* * * * * * *

TITLE IV--PERMITS AND LICENSES

SEC. 402. (A)(1) * * *

* * * * * * *

(r) Discharges Incidental to the Normal Operation of
Recreational Vessels.-- * * *

* * * * * * *

(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 June
5, 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--
(i) a State to revise a water quality
standard after a use attainability
analysis under section 131.10(g) of
title 40, Code of Federal Regulations
(or a successor regulation), subject to
the approval of the Administrator under
section 303(c); and
(ii) the Administrator or a State to
authorize a schedule of compliance that
extends beyond the date of expiration
of a permit term if the schedule of
compliance meets the requirements of
section 122.47 of title 40, Code of
Federal Regulations (as in effect on
the date of enactment of this
subsection).
(5) Clarification of state authority.--
(A) In general.--Nothing in section
301(b)(1)(C) precludes a State from authorizing
in the water quality standards of the State the
issuance of a schedule of compliance to meet
water quality-based effluent limitations in
permits that incorporate provisions of an
integrated plan.
(B) Transition rule.--In any case in which a
discharge is subject to a judicial order or
consent decree as of the date of enactment of
the America's Water Infrastructure Act of 2018
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 a schedule of
compliance in that order or decree unless the
order or decree is modified by agreement of the
parties and the court.

* * * * * * *

TITLE V--GENERAL PROVISIONS

SEC. 501. (A) * * *

* * * * * * *

SEC. 518. INDIAN TRIBES.

(a) Policy.-- * * *

* * * * * * *

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).

* * * * * * *

TITLE VI--STATE WATER POLLUTION CONTROL REVOLVING FUNDS

SEC. 603. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

(a) * * *

* * * * * * *

(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 (as the term is defined in section 222)
and qualified nonprofit medium treatment works technical
assistance providers (as the term in defined in section 223) to
provide technical assistance to small treatment works (as the
term is defined in section 222) and medium treatment works (as
the term is defined in section 223) in the State.
[(e)](f) Limitation to prevent double benefits.-- * * *

* * * * * * *

[(f)](g) Consistency with planning requirements.-- * * *

* * * * * * *

[(g)](h) Priority list requirement.-- * * *

* * * * * * *

[(h)](i) Eligibility of non-Federal share of construction
grant projects.-- * * *

* * * * * * *

[(i)[(j) Additional subsidization.-- * * *

* * * * * * *

(k) Alternative Wastewater System Certification.--In
providing assistance from the water pollution control revolving
fund of the State established in accordance with this title for
a project for a wastewater system serving a population of not
more than 2,500, the State shall ensure that an entity
receiving assistance from the water pollution control revolving
fund of the State certifies that the entity has considered an
individual or shared onsite, decentralized wastewater system as
an alternative wastewater system.

* * * * * * *

LONG ISLAND SOUND STEWARDSHIP ACT OF 2006

* * * * * * *

[33 U.S.C. 1269; PUBLIC LAW 109-359]

SEC 1. SHORT TITLE. * * *

* * * * * * *

SEC. 8. LONG ISLAND SOUND STEWARDSHIP ADVISORY COMMITTEE.

(a) * * *

* * * * * * *

(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-

* * * * * * *

(b) Advisory Committee.- * * *

* * * * * * *

(1) Report.-For each of [fiscal years 2007 through
2011] fiscal years 2019 through 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.

* * * * * * *

WATER INFRASTRUCTURE FINANCE AND INNOVATION ACT OF 2014

* * * * * * *

TITLE V--WATER INFRASTRUCTURE FINANCING

Subtitle C--Innovative Financing Pilot Projects

SEC. 5021. [33 U.S.C. 3901 NOTE] SHORT TITLE.

This subtitle may be cited as the ``Water Infrastructure
Finance and Innovation Act of 2014''.

* * * * * * *

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 provide
financial assistance to carry out all [pilot] projects
under this subtitle that are eligible projects under
paragraphs (2), (3), (4), (5), (6), (7), and (9) of
section 5026.

* * * * * * *

SEC. 5028. [33 U.S.C. 3907] DETERMINATION OF ELIGIBILITY AND PROJECT
SELECTION.

(a) * * *

* * * * * * *

(1) Creditworthiness
(A) * * *

* * * * * * *

(6) Operation and maintenance plan
(A) In general * * *

* * * * * * *

(7) Alternative wastewater system certification.--In
the case of a project carried out by the Administrator,
the Administrator shall ensure that, for a project for
a wastewater system serving a population of not more
than 2,500, the eligible entity receiving financial
assistance certifies that the eligible entity has
considered an individual or shared onsite,
decentralized wastewater system as an alternative
wastewater system.

* * * * * * *

SEC. 5033. [33 U.S.C. 3912] FUNDING.

(a) In general
(a) In General.--There is authorized to be appropriated to
each of the Secretary and the Administrator to carry out this
subtitle (other than section 5036), to remain available until
expended--
(1) * * *

* * * * * * *

(5) $50,000,000 [for fiscal year 2019] for each of
fiscal years 2019 through 2021.
(b) Administrative Costs.--Of the funds made available to
carry out this subtitle (other than section 5036), the
Secretary or the Administrator, as applicable, may use for the
administration of this subtitle (other than section 5036),
including for the provision of technical assistance to aid
project sponsors in obtaining the necessary approvals for the
project, not more than $2,200,000 [for each of fiscal years
2015 through 2019] for each of fiscal years 2015 through 2021.

* * * * * * *

[SEC. 5034. [33 U.S.C. 3913] REPORTS ON PILOT PROGRAM IMPLEMENTATION.]

SEC. 5034. REPORTS ON PROGRAM IMPLEMENTATION.

* * * * * * *

SEC. 5035. [33 U.S.C. 3914] REQUIREMENTS.

(a) In General.-- * * *

* * * * * * *

SEC. 5036. INNOVATIVE FINANCING FOR STATE LOAN FUNDS.

(a) Definition of State Loan Funds.--In this section, the
term `State loan funds' means--
(1) State drinking water treatment revolving loan
funds established under section 1452 of the Safe
Drinking Water Act (42 U.S.C. 300j-12); and
(2) State water pollution control revolving funds
established under title VI of the Federal Water
Pollution Control Act (33 U.S.C. 1381 et seq.).
(b) Financial Assistance to State Loan Funds.--The
Administrator may provide financial assistance under this
section to State infrastructure financing authorities for State
loan funds to carry out water and wastewater infrastructure
projects in accordance with this section.
(c) Eligible Activities.--
(1) In general.--The following activities may be
carried out by a State infrastructure financing
authority with financial assistance made available
under this section:
(A) One or more activities that are included
in the intended use plan under section 606(c)
of the Federal Water Pollution Control Act (33
U.S.C. 1386(c)).
(B) One or more activities that are included
in the project priority list of the intended
use plan under section 1452(b) of the Safe
Drinking Water Act (42 U.S.C. 300j-12(b)).
(2) Administrative costs.--Financial assistance
provided under this section may be used to pay the
reasonable costs of administration related to that
financial assistance.
(3) Application fees.--Section 5029(b)(7) shall not
apply to financial assistance made available under this
section.
(4) Treatment of projects.--In determining whether to
provide financial assistance under this section, the
Administrator shall consider a project to be all of the
activities included in an intended use plan described
in subparagraph (A) or (B) of paragraph (1).
(5) State and local decisionmaking.--A State
infrastructure financing authority that receives
financial assistance under this section may use the
assistance for any activity included in an intended use
plan described in subparagraph (A) or (B) of paragraph
(1).
(d) Requirements.--
(1) In general.--Except as otherwise provided in this
section, the requirements and procedures under this
subtitle shall apply to a project under this section.
(2) Interest rate.--
(A) In general.--Except as provided in
subparagraph (B), the interest rate on a
secured loan provided under this section shall
be equal to the yield on United States Treasury
securities of a similar maturity to the
maturity of the secured loan on the date of
execution of the loan agreement.
(B) Certain states.--
(i) In general.--In the case of a
State described in clause (ii)--
(I) the interest rate on a
secured loan provided under
this section shall be 80
percent of the interest rate
under subparagraph (A); but
(II) if there is not
sufficient demand for loans
under this subparagraph (as
determined by the
Administrator), the
Administrator may provide a
secured loan at an interest
rate that is not less than 50
percent and not more than 80
percent of the interest rate
under subparagraph (A), as
determined by the Administrator
with respect to each loan.
(ii) States described.--A State
referred to in clause (i) is a State--
(I) that received less than 2
percent of the total amount of
funds made available to States
for the State loan funds for
the most recent fiscal year for
which data is available; or
(II) for which the President
has 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)
during the period beginning on
January 1, 2017, and ending on
the date of enactment of this
section, if the secured loan is
for a project related to
wastewater or drinking water
infrastructure damaged by the
major disaster.
(C) Distribution of loans.--
(i) In general.--Except as provided
in clause (ii), of the total amount of
funds made available to provide secured
loans under this section--
(I) 50 percent shall be
provided for secured loans at
the interest rate described in
subparagraph (A); and
(II) 50 percent shall be
provided for secured loans at
the interest rate described in
subparagraph (B)(i) to States
described in subparagraph
(B)(ii).
(ii) Reallocation.--For any fiscal
year, if amounts for loans described in
either of subclause (I) or (II) of
clause (i) remain available, the
Administrator may reallocate the
amounts to be used for loans described
in either of subclause (I) or (II) of
that clause, as applicable, to meet
applicant demand.
(3) Certain state reviews.--
(A) In general.--A project under this section
shall comply with any applicable State
environmental or engineering review
requirements pursuant to, as applicable--
(i) title VI of the Federal Water
Pollution Control Act (33 U.S.C. 1381
et seq.);
(ii) section 1452 of the Safe
Drinking Water Act (42 U.S.C. 300j-12);
(iii) section 35.3140 of title 40,
Code of Federal Regulations (or
successor regulations); and
(iv) section 35.3580 of title 40,
Code of Federal Regulations (or
successor regulations).
(B) No new reviews required.--Nothing in this
section requires any additional or new
environmental or engineering review for a
project under this section other than any
requirement otherwise applicable to the
project.
(4) Federal share.--Notwithstanding section
5029(b)(9), financial assistance for a project under
this section may be used to pay up to 100 percent of
the costs of the project.
(5) Limitation on loans under multiple programs.--
(A) In general.--A State infrastructure
financing authority--
(i) may apply for financial
assistance under both this section and
under this subtitle (other than this
section); but
(ii) may accept financial assistance
from only 1 program described in clause
(i).
(B) Withdrawal; timing.--
(i) Withdrawal.--On a decision to
accept financial assistance under this
section or under this subtitle (other
than this section), a State
infrastructure financing authority
shall withdraw the application of the
State infrastructure financing
authority from the program that the
State infrastructure financing
authority does not select.
(ii) Timing.--A State infrastructure
financing authority shall not be
required to withdraw under clause (i)
before decisions on the applications of
the State infrastructure financing
authority under this section and under
this subtitle (other than this section)
have been made.
(e) Expedited Review of Applications.--Not later than 180
days after the date on which the Administrator receives a
complete application for a project under this section, the
Administrator shall, through a written notice to the State
infrastructure financing authority--
(1) approve the application; or
(2) provide detailed guidance and an explanation of
any changes to the application necessary for approval
of the application.
(f) Funding.--
(1) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to the Administrator to carry out
this section $100,000,000 for each of fiscal
years 2019 and 2020, to remain available until
expended.
(B) Sense of congress.--It is the sense of
Congress that the amounts authorized to be
appropriated to carry out this section will
support, for each fiscal year--
(i) $5,000,000,000 in secured loans
at the interest rate described in
subsection (d)(2)(A); and
(ii) $425,000,000 in secured loans at
the interest rate described in
subsection (d)(2)(B)(i).
(2) Administrative costs.--
(A) In general.--Of the funds made available
to carry out this section, the Administrator
may use for the administration of this section,
including for the provision of technical
assistance to aid State infrastructure
financing authorities in obtaining the
necessary approvals for eligible activities,
not more than $5,000,000 for each of fiscal
years 2019 and 2020.
(B) Fee waivers.--
(i) In general.--Of the funds made
available to carry out this section,
the Administrator may use for costs
related to processing and reviewing
applications, including underwriting,
such amounts as are necessary for each
of fiscal years 2019 and 2020, to
remain available until expended.
(ii) Other fees.--The funds under
clause (i) shall be used in lieu of
fees collected under section 5030(b).
(3) No impact on other federal funding.--No funds
shall be made available to carry out this section if--
(A) the total amount made available for a
fiscal year for the State loan funds is less
than the total amount made available for those
funds for fiscal year 2018; and
(B) the amount made available for a fiscal
year for assistance under this subtitle (other
than this section) is less than the amount made
available for that assistance for fiscal year
2018.
(4) Supplement, not supplant.--Amounts made available
to carry out this section shall be used to supplement,
and not supplant--
(A) funds made available to carry out this
subtitle (other than this section);
(B) funds made available to carry out section
1452 of the Safe Drinking Water Act (42 U.S.C.
300j-12); and
(C) funds made available to carry out title
VI of the Federal Water Pollution Control Act
(33 U.S.C. 1381 et seq.).
(g) Distribution and Allotment of Funds.--
(1) Distribution of funds.--In determining the
distribution of amounts between the State loan funds,
the Administrator shall--
(A) provide financial assistance based on
need; and
(B) give equal consideration to drinking
water projects and wastewater projects.
(2) Allotment.--Notwithstanding section 5028(b), in
providing financial assistance under this section, the
Administrator shall--
(A) for each fiscal year, ensure that each
State infrastructure financing authority that
submits an application under this section for a
project described in subparagraph (A) or (B) of
subsection (c)(1) receives financial assistance
under this section; but
(B) provide financial assistance under
subparagraph (A) in amounts based on need, as
determined by the Administrator.
(h) Transparency.--
(1) In general.--For each fiscal year, the
Administrator shall make available on the website of
the Administrator--
(A) a list of each application received under
this section;
(B) a list of each application approved under
this section;
(C) the criteria and methods used for
selection of projects under this section; and
(D) the terms of the financial assistance
provided for each project under this section.
(2) Report.--Not later than 180 days after the date
on which the Administrator first provides financial
assistance for a project under this section and each
year thereafter, the Administrator shall submit to the
Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure
of the House of Representatives a detailed report that
includes--
(A) the information described in
subparagraphs (A) through (D) of paragraph (1);
and
(B) a detailed explanation of why each
project was approved.
(i) Sunset.--The authority to provide assistance under this
section shall terminate on September 30, 2020.

* * * * * * *

SAFE DRINKING WATER ACT-(TITLE XIV OF PUBLIC HEALTH SERVICE ACT)

* * * * * * *

TITLE XIV--SAFETY OF PUBLIC WATER SYSTEMS

SEC. 1400. THIS TITLE MAY BE CITED AS THE ``SAFE DRINKING WATER ACT''.

Part A--Definitions * * *

* * * * * * *

Part E--General Provisions

SEC. 1452. (A) GENERAL AUTHORITY.-- * * *

* * * * * * *

(1) Grants to states to establish state loan funds.--
(A) In general.-- * * *

* * * * * * *

(4) American iron and steel products.--
(A) In general.--[During fiscal year 2017,
funds] Funds made available from a State loan
fund established pursuant to this section may
not be used for a project for the construction,
alteration, or repair of a public water system
unless all of the iron and steel products used
in the project are produced in the United
States.

* * * * * * *

(k) Other Authorized Activities.--
(1) In general.--Notwithstanding subsection (a)(2), a
State may take each of the following actions:
(A) * * *

* * * * * * *

(D) Make expenditures from the fund for the
establishment and implementation of wellhead
protection programs under section 1428 and the
implementation of plans to protect source water
identified in a source water assessment under
section 1453.

* * * * * * *

(2) * * *

* * * * * * *

(A) * * *

* * * * * * *

(E) To make expenditures to establish and
implement wellhead protection programs and
implement plans to protect source water
identified in a source water assessment under
section 1453 pursuant to paragraph (1)(D).
(r) Evaluation.-- * * *

* * * * * * *

(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).

* * * * * * *

SEC. 1459B. REDUCING LEAD IN DRINKING WATER.

(a) Definitions.-- * * *

* * * * * * *

SEC. 1459C. STUDY ON INTRACTABLE WATER SYSTEMS.

(a) Definition of Intractable Water System.--In this section,
the term `intractable water system' means a community water
system or a noncommunity water system--
(1) that serves fewer than 1,000 individuals; and
(2) the owner or operator of which--
(A) is unable or unwilling to provide safe
and adequate service to those individuals;
(B) has abandoned or effectively abandoned
the community water system or noncommunity
water system, as applicable;
(C) has defaulted on a financial obligation
relating to the community water system or
noncommunity water system, as applicable;
(D) fails to maintain the facilities of the
community water system or noncommunity water
system, as applicable, in a manner so as to
prevent a potential public health hazard; or
(E) is in significant noncompliance with this
Act or any regulation promulgated pursuant to
this Act.
(b) Study Required.--
(1) In general.--Not later than 2 years after the
date of enactment of this section, the Administrator,
in consultation with the Secretary of Agriculture and
the Secretary of Health and Human Services, shall
complete a study that--
(A) identifies intractable water systems; and
(B) describes barriers to delivery of potable
water to individuals served by an intractable
water system.
(2) Report to congress.--Not later than 2 years after
the date of enactment of this section, the
Administrator shall submit to Congress a report
describing findings and recommendations based on the
study under this subsection.
(c) Compliance Incentive.--Section 1414(h)(2) shall apply to
any person carrying out a plan to address an intractable water
system that is approved by--
(1) in the case of a State with primary enforcement
responsibility under section 1413, the State; or
(2) in the case of a State that does not have primary
enforcement responsibility, the Administrator.

Part F--Additional Requirements To Regulate the Safety of Drinking
Water

SEC. 1461. AS USED IN THIS PART--

(1) Drinking water cooler.-- * * *

* * * * * * *

PART G--ADDITIONAL PROVISIONS

SEC. 1471. WATERSENSE PROGRAM.

(a) Establishment of WaterSense Program.--
(1) In general.--There is established within the
Agency a voluntary WaterSense program to identify and
promote water-efficient products, buildings,
landscapes, facilities, processes, and services that,
through voluntary labeling of, or other forms of
communications regarding, products, buildings,
landscapes, facilities, processes, and services while
meeting strict performance criteria, sensibly--
(A) reduce water use;
(B) reduce the strain on public and community
water systems and wastewater and stormwater
infrastructure;
(C) conserve energy used to pump, heat,
transport, and treat water; and
(D) preserve water resources for future
generations.
(2) Inclusions.--The Administrator shall, consistent
with this section, identify water-efficient products,
buildings, landscapes, facilities, processes, and
services, including categories such as--
(A) irrigation technologies and services;
(B) point-of-use water treatment devices;
(C) plumbing products;
(D) reuse and recycling technologies;
(E) landscaping and gardening products,
including moisture control or water enhancing
technologies;
(F) xeriscaping and other landscape
conversions that reduce water use;
(G) whole house humidifiers; and
(H) water-efficient buildings or facilities.
(b) Duties.--The Administrator, coordinating as appropriate
with the Secretary of Energy, shall--
(1) establish--
(A) a WaterSense label to be used for items
meeting the certification criteria established
in accordance with this section; and
(B) the procedure, including the methods and
means, and criteria by which an item may be
certified to display the WaterSense label;
(2) enhance public awareness regarding the WaterSense
label through outreach, education, and other means;
(3) preserve the integrity of the WaterSense label
by--
(A) establishing and maintaining feasible
performance criteria so that products,
buildings, landscapes, facilities, processes,
and services labeled with the WaterSense label
perform as well or better than less water-
efficient counterparts;
(B) overseeing WaterSense certifications made
by third parties, which shall be independent
third-party product certification bodies
accredited by an accreditation entity domiciled
in the United States, such as the American
National Standards Institute, as achieving--
(i) the requirements described in the
document of the International
Organization for Standardization and
the International Electrotechnical
Commission entitled `ISO/IEC 17065
Conformity assessment--Requirements for
bodies certifying products, processes
and services' and dated September 2012;
and
(ii) the applicable WaterSense
requirements;
(C) as determined appropriate by the
Administrator, using testing protocols, from
the appropriate, applicable, and relevant
consensus standards, for the purpose of
determining standards compliance; and
(D) auditing the use of the WaterSense label
in the marketplace and preventing cases of
misuse;
(4) not more frequently than every 6 years after
adoption or major revision of any WaterSense
specification, review and, if appropriate, revise the
specification to achieve additional water savings;
(5) in revising a WaterSense specification--
(A) provide reasonable notice to interested
parties and the public of any changes,
including effective dates, and an explanation
of the changes;
(B) solicit comments from interested parties
and the public prior to any changes;
(C) as appropriate, respond to comments
submitted by interested parties and the public;
and
(D) provide an appropriate transition time
prior to the applicable effective date of any
changes, taking into account the timing
necessary for the manufacture, marketing,
training, and distribution of the specific
water-efficient product, building, landscape,
process, or service category being addressed;
and
(6) not later than December 31, 2019, consider for
review and revision any WaterSense specification
adopted before January 1, 2012.
(c) Transparency.--The Administrator shall, to the maximum
extent practicable and not less than annually, regularly
estimate and make available to the public savings of water,
energy, and capital costs of water, wastewater, and stormwater
attributable to the use of WaterSense-labeled products,
buildings, landscapes, facilities, processes, and services.
(d) Distinction of Authorities.--In setting or maintaining
specifications for Energy Star pursuant to section 324A of the
Energy Policy and Conservation Act (42 U.S.C. 6294a), and
WaterSense under this section, the Secretary of Energy and the
Administrator shall coordinate to prevent duplicative or
conflicting requirements among the respective programs.
(e) No Warranty.--A WaterSense label shall not create an
express or implied warranty.

* * * * * * *

THE WATER RESOURCES RESEARCH ACT OF 1984

* * * * * * *

SEC. 102. CONGRESSIONAL FINDINGS AND DECLARATIONS

The Congress finds and declares that-
(1) * * *

* * * * * * *

(6) * * *

* * * * * * *

(7) additional research is required into increasing
the effectiveness and efficiency of new and existing
treatment works through alternative approaches,
including--
(A) nonstructural alternatives;
(B) decentralized approaches;
(C) energy use efficiency;
(D) water use efficiency; and
(E) actions to extract energy from
wastewater;
[(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.

* * * * * * *

SEC. 104. WATER RESOURCES RESEARCH AND TECHNOLOGY INSTITUTES

(a) * * *

* * * * * * *

(b) * * *

* * * * * * *

(1) * * *

* * * * * * *

(B) * * *

* * * * * * *

(ii) expand understanding of water
and [water-related phenomena] water
resources;

* * * * * * *

(D) the dissemination of research results to
water managers and the public[.] ; and

* * * * * * *

[(c) Grants; matching funds.--From the]
(c) Grants.--
(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.
(d) Submission and approval of water research program;
requisite assurances.-- * * *

* * * * * * *

[(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 2019 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 2019 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.

* * * * * * *

CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT

* * * * * * *

SEC. 102. [7 U.S.C. 1911] (A) * * *

* * * * * * *

SEC. 306. [7 U.S.C. 1926] (A)(1) * * *

* * * * * * *

(26) Essential community facilities technical
assistance and training.--
(A) In general.-- * * *

* * * * * * *

(27) Alternative wastewater system certification.--
The Secretary shall ensure that, for a wastewater
project serving a population of not more than 2,500,
the recipient of the financial assistance certifies
that the recipient has considered an individual or
shared onsite, decentralized wastewater system as an
alternative wastewater system.

* * * * * * *

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