[House Report 115-708]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-708
======================================================================
WATER RESOURCES DEVELOPMENT ACT OF 2018
_______
June 1, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 8]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 8) to provide for improvements to
the rivers and harbors of the United States, to provide for the
conservation and development of water and related resources,
and for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
CONTENTS
Page
Purpose of the Legislation....................................... 23
Background and Need for the Legislation.......................... 23
Hearings......................................................... 27
Legislative History and Consideration............................ 27
Committee Votes.................................................. 29
Committee Oversight Findings..................................... 32
New Budget Authority and Tax Expenditures and Congressional
Budget Office Cost Estimate.................................... 32
Performance Goals and Objectives................................. 32
Advisory of Earmarks............................................. 32
Duplication of Federal Programs.................................. 32
Disclosure of Directed Rulemakings............................... 33
Federal Mandate Statement........................................ 33
Preemption Clarification......................................... 33
Advisory Committee Statement..................................... 33
Applicability of Legislative Branch.............................. 33
Section-by-Section Analysis of Legislation....................... 33
Changes in Existing Law Made by the Bill, as Reported............ 40
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water Resources
Development Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Secretary defined.
TITLE I--GENERAL PROVISIONS
Sec. 101. Sense of Congress regarding water resources development
bills.
Sec. 102. Use of Harbor Maintenance Trust Fund to support navigation.
Sec. 103. Assessment of harbors and inland harbors.
Sec. 104. Levee safety initiative reauthorization.
Sec. 105. Dam safety.
Sec. 106. Rehabilitation of Corps of Engineers constructed dams.
Sec. 107. Forecast-informed reservoir operations.
Sec. 108. Identification of nonpowered dams for hydropower development.
Sec. 109. Emergency response to natural disasters.
Sec. 110. Integrated water resources planning.
Sec. 111. Mitigation banks.
Sec. 112. Indian Tribes.
Sec. 113. Columbia River.
Sec. 114. Dissemination of information.
Sec. 115. Non-Federal engagement and review.
Sec. 116. Comprehensive backlog report.
Sec. 117. Structures and facilities constructed by Secretary.
Sec. 118. Transparency in administrative expenses.
Sec. 119. Study of the future of the United States Army Corps of
Engineers.
Sec. 120. Acknowledgment of credit.
Sec. 121. Non-Federal implementation pilot program.
Sec. 122. Study of water resources development projects by non-Federal
interests.
Sec. 123. Construction of water resources development projects by non-
Federal interests.
Sec. 124. Advanced funds for water resources development studies and
projects.
Sec. 125. Funding to process permits.
Sec. 126. Study on economic and budgetary analyses.
Sec. 127. Study of corrosion management at Corps of Engineers projects.
Sec. 128. Costs in excess of Federal participation limit.
Sec. 129. Report on innovative materials.
Sec. 130. Study on Corps of Engineers.
Sec. 131. GAO study.
Sec. 132. GAO report on Alaska Native village relocation efforts due to
flooding and erosion threats.
Sec. 133. Study and report on expediting certain waiver processes.
Sec. 134. Corps of Engineers continuing authorities program.
Sec. 135. Credit in lieu of reimbursement.
Sec. 136. Lake Okeechobee regulation schedule review.
Sec. 137. Missouri River.
Sec. 138. Access to real estate data.
Sec. 139. Aquatic invasive species research.
Sec. 140. Harmful algal bloom technology demonstration.
Sec. 141. Bubbly Creek, Chicago ecosystem restoration.
Sec. 142. Operation and maintenance of navigation and hydroelectric
facilities.
Sec. 143. Hurricane and storm damage reduction.
Sec. 144. Post-disaster watershed assessments in the territories of the
United States.
TITLE II--STUDIES
Sec. 201. Authorization of proposed feasibility studies.
Sec. 202. Additional studies.
Sec. 203. Expedited completion of reports for certain projects.
TITLE III--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS
Sec. 301. Deauthorization of inactive projects.
Sec. 302. Backlog prevention.
Sec. 303. Project modifications.
Sec. 304. Milwaukee Harbor, Milwaukee, Wisconsin.
Sec. 305. Bridgeport Harbor, Connecticut.
Sec. 306. Conveyances.
Sec. 307. Clatsop County, Oregon.
Sec. 308. Kissimmee River Restoration, Central and Southern Florida.
Sec. 309. Lytle and Cajon Creeks, California.
Sec. 310. Yuba River Basin, California.
TITLE IV--WATER RESOURCES INFRASTRUCTURE
Sec. 401. Project authorizations.
SEC. 2. SECRETARY DEFINED.
In this Act, the term ``Secretary'' means the Secretary of the Army.
TITLE I--GENERAL PROVISIONS
SEC. 101. SENSE OF CONGRESS REGARDING WATER RESOURCES DEVELOPMENT
BILLS.
It is the sense of Congress that, because the missions of the Corps
of Engineers for navigation, flood control, beach erosion control and
shoreline protection, hydroelectric power, recreation, water supply,
environmental protection, restoration, and enhancement, and fish and
wildlife mitigation benefit all Americans, and because water resources
development projects are critical to maintaining the country's economic
prosperity, national security, and environmental protection, Congress
should consider a water resources development bill not less often than
once every Congress.
SEC. 102. USE OF HARBOR MAINTENANCE TRUST FUND TO SUPPORT NAVIGATION.
(a) Availability of Amounts.--Section 210 of the Water Resources
Development Act of 1986 (33 U.S.C. 2238) is amended--
(1) in the section heading by striking ``authorization of
appropriations'' and inserting ``funding for harbor
navigation'';
(2) by redesignating subsections (c), (d), (e), and (f) as
subsections (d), (e), (f), and (g), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Use of Collected Funds in Fiscal Year 2029 and Thereafter.--
``(1) Use of funds.--In addition to amounts appropriated
under subsections (a) and (b), there shall be available to the
Secretary, out of the Harbor Maintenance Trust Fund, without
further appropriation, for fiscal year 2029 and each fiscal
year thereafter, such sums as may be necessary to carry out the
purposes of subsection (a)(2).
``(2) Availability of amounts.--Amounts made available under
this subsection shall remain available until expended.''.
(b) Conforming Amendments.--Section 210 of the Water Resources
Development Act of 1986 (33 U.S.C. 2238) is further amended--
(1) in subsection (d)(2)(A)(i) (as redesignated by subsection
(a)(2) of this section) by striking ``subsection (e)'' and
inserting ``subsection (f)'';
(2) in subsection (e)(3)(B)(i) (as redesignated by subsection
(a)(2) of this section) by striking ``subsection (c)(2)(A)''
and inserting ``subsection (d)(2)(A)''; and
(3) in subsection (f)(2)(A)(ii) (as redesignated by
subsection (a)(2) of this section) by striking ``subsection
(d)(2)'' and inserting ``subsection (e)(2)''.
SEC. 103. ASSESSMENT OF HARBORS AND INLAND HARBORS.
Subsection (f) of section 210 of the Water Resources Development Act
of 1986 (33 U.S.C. 2238), as redesignated by section 102, is amended--
(1) in paragraph (1), by striking ``shall assess the'' and
inserting ``shall assess, and issue a report to Congress on,
the''; and
(2) in paragraph (2), by adding at the end the following:
``(C) Opportunities for beneficial use of dredged
materials.--In carrying out paragraph (1), the
Secretary shall identify potential opportunities for
the beneficial use of dredged materials obtained from
harbors and inland harbors referred to in subsection
(a)(2), including projects eligible under section 1122
of the Water Resources Development Act of 2016 (130
Stat. 1645; 33 U.S.C. 2326 note).''.
SEC. 104. LEVEE SAFETY INITIATIVE REAUTHORIZATION.
Title IX of the Water Resources Development Act of 2007 (33 U.S.C.
3301 et seq.) is amended--
(1) in section 9005(g)(2)(E)(i), by striking ``2015 through
2019'' and inserting ``2019 through 2023''; and
(2) in section 9008, by striking ``2015 through 2019'' each
place it appears and inserting ``2019 through 2023''.
SEC. 105. DAM SAFETY.
Section 14 of the National Dam Safety Program Act (33 U.S.C. 467j) is
amended by striking ``2015 through 2019'' each place it appears and
inserting ``2019 through 2023''.
SEC. 106. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED DAMS.
Section 1177 of the Water Resources Development Act of 2016 (33
U.S.C. 467f-2 note) is amended--
(1) in subsection (e), by striking ``$10,000,000'' and
inserting ``$40,000,000''; and
(2) in subsection (f), by striking ``$10,000,000'' and
inserting ``$40,000,000''.
SEC. 107. FORECAST-INFORMED RESERVOIR OPERATIONS.
(a) Report on Forecast-Informed Reservoir Operations.--Not later than
one year after the date of completion of the forecast-informed
reservoir operations research study pilot program at Coyote Valley Dam,
Russian River Basin, California (authorized by the River and Harbor Act
of 1950 (64 Stat. 177)), the Secretary shall issue a report to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate on the results of the study pilot program.
(b) Contents of Report.--The Secretary shall include in the report
issued under subsection (a)--
(1) an analysis of the use of forecast-informed reservoir
operations at Coyote Valley Dam, California;
(2) an assessment of the viability of using forecast-informed
reservoir operations at other dams owned or operated by the
Secretary;
(3) an identification of other dams owned or operated by the
Secretary where forecast-informed reservoir operations may
assist the Secretary in the optimization of future reservoir
operations; and
(4) any additional areas for future study of forecast-
informed reservoir operations.
SEC. 108. IDENTIFICATION OF NONPOWERED DAMS FOR HYDROPOWER DEVELOPMENT.
(a) In General.--Not later than 18 months after the date of enactment
of this section, the Secretary shall develop a list of existing
nonpowered dams owned and operated by the Corps of Engineers that have
the greatest potential for hydropower development.
(b) Considerations.--In developing the list under subsection (a), the
Secretary may consider the following:
(1) The compatibility of hydropower generation with existing
purposes of the dam.
(2) The proximity of the dam to existing transmission
resources.
(3) The existence of studies to characterize environmental,
cultural, and historic resources relating to the dam.
(4) Whether hydropower is an authorized purpose of the dam.
(c) Availability.--The Secretary shall provide the list developed
under subsection (a) to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate, and make such list
available to the public.
SEC. 109. EMERGENCY RESPONSE TO NATURAL DISASTERS.
(a) In General.--Section 5(a)(1) of the Act of August 18, 1941 (33
U.S.C. 701n(a)(1)) is amended in the first sentence--
(1) by striking ``strengthening, raising, extending, or other
modification thereof'' and inserting ``strengthening, raising,
extending, realigning, or other modification thereof''; and
(2) by striking ``structure or project damaged or destroyed
by wind, wave, or water action of other than an ordinary nature
to the design level of protection when, in the discretion of
the Chief of Engineers,'' and inserting ``structure or project
damaged or destroyed by wind, wave, or water action of other
than an ordinary nature to either the pre-storm level or the
design level of protection, whichever provides greater
protection, when, in the discretion of the Chief of
Engineers,''.
(b) Duration.--Section 156(e) of the Water Resources Development Act
of 1976 (42 U.S.C. 1962d-5f(e)) is amended by striking ``6 years'' and
inserting ``9 years''.
SEC. 110. INTEGRATED WATER RESOURCES PLANNING.
In carrying out a water resources development feasibility study, the
Secretary shall consult with local governments in the watershed covered
by such study to determine if local water management plans exist, or
are under development, for the purposes of stormwater management, water
quality improvement, aquifer recharge, or water reuse.
SEC. 111. MITIGATION BANKS.
(a) Definition of Mitigation Bank.--In this section, the term
``mitigation bank'' has the meaning given that term in section 332.2 of
title 33, Code of Federal Regulations.
(b) Guidance.--The Secretary shall issue guidance on the use of
mitigation banks to meet requirements for water resources development
projects in order to update mitigation bank credit release schedules
to--
(1) support the goal of achieving efficient permitting and
maintaining appropriate environmental protections; and
(2) promote increased transparency in the use of mitigation
banks.
(c) Requirements.--The guidance issued under subsection (b) shall--
(1) be consistent with--
(A) part 230 of title 40, Code of Federal
Regulations;
(B) section 906 of the Water Resources Development
Act of 1986 (33 U.S.C. 2283);
(C) part 332 of title 33, Code of Federal
Regulations; and
(D) section 314(b) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-
136; 33 U.S.C. 1344 note); and
(2) provide for--
(A) the mitigation bank sponsor to provide sufficient
financial assurances to ensure a high level of
confidence that the compensatory mitigation project
will be successfully completed, in accordance with
applicable performance standards, under section
332.3(n) of title 33, Code of Federal Regulations;
(B) the mitigation bank sponsor to reserve the share
of mitigation bank credits required to ensure
ecological performance of the mitigation bank, in
accordance with section 332.8(o) of title 33, Code of
Federal Regulations; and
(C) all credits except for the share reserved under
subparagraph (B) to be available upon completion of the
construction of the mitigation bank.
SEC. 112. INDIAN TRIBES.
(a) Cost Sharing Provisions for the Territories and Indian Tribes.--
Section 1156(a)(2) of the Water Resources Development Act of 1986 (33
U.S.C. 2310(a)(2)) is amended by striking ``section 102 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130)''
and inserting ``section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304(e))''.
(b) Written Agreement Requirement for Water Resources Projects.--
Section 221(b)(1) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b(b)(1)) is amended by striking ``a federally recognized Indian tribe
and, as defined in section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602), a Native village, Regional Corporation, and Village
Corporation'' and inserting ``an Indian tribe, as defined in section
4(e) of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304(e))''.
SEC. 113. COLUMBIA RIVER.
(a) Bonneville Dam, Oregon.--Section 1178(c)(1)(A) of the Water
Resources Development Act of 2016 (130 Stat. 1675) is amended by
striking ``may provide assistance'' and inserting ``may provide
assistance, which may include housing and related improvements,''.
(b) John Day Dam, Washington and Oregon.--
(1) In general.--The Secretary shall, not later than 180 days
after the date of enactment of this Act, and in consultation
with the Secretary of the Interior, conduct a study to
determine the extent to which Indian Tribes have been displaced
as a result of the construction of the John Day Dam, Columbia
River, Washington and Oregon, as authorized by section 204 of
the Flood Control Act of 1950 (64 Stat. 179), including an
assessment of effects related to housing and related
improvements.
(2) Additional actions.--If the Secretary determines, based
on the study under paragraph (1), that assistance is required,
the Secretary may use all existing authorities of the Secretary
to provide assistance, which may include housing and related
improvements, to Indian Tribes displaced as a result of the
construction of the John Day Dam, Columbia River, Washington
and Oregon.
(3) Repeal.--Section 1178(c)(2) of the Water Resources
Development Act of 2016 (130 Stat. 1675) is repealed.
(c) The Dalles Dam, Washington and Oregon.--The Secretary, in
consultation with the Secretary of the Interior, shall complete a
village development plan for any Indian Tribe displaced as a result of
the construction of the Dalles Dam, Columbia River, Washington and
Oregon, as authorized by section 204 of the Flood Control Act of 1950
(64 Stat. 179).
SEC. 114. DISSEMINATION OF INFORMATION.
(a) Findings.--Congress finds the following:
(1) Congress plays a central role in identifying,
prioritizing, and authorizing vital water resources
infrastructure activities throughout the United States.
(2) The Water Resources Reform and Development Act of 2014
(Public Law 113-121) established a new and transparent process
to review and prioritize the water resources development
activities of the Corps of Engineers with strong congressional
oversight.
(3) Section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d) requires the
Secretary to develop and submit to Congress each year a Report
to Congress on Future Water Resources Development and, as part
of the annual report process, to--
(A) publish a notice in the Federal Register that
requests from non-Federal interests proposed
feasibility studies and proposed modifications to
authorized water resources development projects and
feasibility studies for inclusion in the report; and
(B) review the proposals submitted and include in the
report those proposed feasibility studies and proposed
modifications that meet the criteria for inclusion
established under such section 7001.
(4) Congress will use the information provided in the annual
Report to Congress on Future Water Resources Development to
determine authorization needs and priorities for purposes of
water resources development legislation.
(5) To ensure that Congress can gain a thorough understanding
of the water resources development needs and priorities of the
United States, it is important that the Secretary take
sufficient steps to ensure that non-Federal interests are made
aware of the new annual report process, including the need for
non-Federal interests to submit proposals during the
Secretary's annual request for proposals in order for such
proposals to be eligible for consideration by Congress.
(b) Dissemination of Process Information.--The Secretary shall
develop, support, and implement education and awareness efforts for
non-Federal interests with respect to the annual Report to Congress on
Future Water Resources Development required under section 7001 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d),
including efforts to--
(1) develop and disseminate technical assistance materials,
seminars, and guidance on the annual process as it relates to
non-Federal interests;
(2) provide written notice to local elected officials and
previous and potential non-Federal interests on the annual
process and on opportunities to address local water resources
challenges through the missions and authorities of the Corps of
Engineers;
(3) issue guidance for non-Federal interests to assist such
interests in developing proposals for water resources
development projects that satisfy the requirements of such
section 7001; and
(4) provide, at the request of a non-Federal interest,
assistance with researching and identifying existing project
authorizations and Corps of Engineers decision documents.
SEC. 115. NON-FEDERAL ENGAGEMENT AND REVIEW.
(a) Public Notice.--
(1) In general.--Prior to developing and issuing any new or
revised implementation guidance for a covered water resources
development law, the Secretary shall issue a public notice
that--
(A) informs potentially interested non-Federal
stakeholders of the Secretary's intent to develop and
issue such guidance; and
(B) provides an opportunity for interested non-
Federal stakeholders to engage with, and provide input
and recommendations to, the Secretary on the
development and issuance of such guidance.
(2) Issuance of notice.--The Secretary shall issue the notice
under paragraph (1) through a posting on a publicly accessible
website dedicated to providing notice on the development and
issuance of implementation guidance for a covered water
resources development law.
(b) Stakeholder Engagement.--
(1) Input.--The Secretary shall allow a minimum of 60 days
after issuance of the public notice under subsection (a) for
non-Federal stakeholders to provide input and recommendations
to the Secretary, prior to finalizing implementation guidance
for a covered water resources development law.
(2) Outreach.--The Secretary may, as appropriate (as
determined by the Secretary), reach out to non-Federal
stakeholders and circulate drafts of implementation guidance
for a covered water resources development law for informal
feedback and recommendations.
(c) Development of Guidance.--When developing implementation guidance
for a covered water resources development law, the Secretary shall take
into consideration the input and recommendations received from non-
Federal stakeholders, and make the final guidance available to the
public on-line on a publicly accessible website.
(d) Covered Water Resources Development Law.--In this section, the
term ``covered water resources development law'' means--
(1) the Water Resources Reform and Development Act of 2014;
(2) the Water Resources Development Act of 2016;
(3) this Act; and
(4) any Federal water resources development law enacted after
the date of enactment of this Act.
SEC. 116. COMPREHENSIVE BACKLOG REPORT.
Section 1001(b)(4) of the Water Resources Development Act of 1986 (33
U.S.C. 579a(b)(4)) is amended--
(1) in the header, by inserting ``and operation and
maintenance'' after ``backlog'';
(2) by amending subparagraph (A) to read as follows:
``(A) In general.--The Secretary shall compile and
publish--
``(i) a complete list of all projects and
separable elements of projects of the Corps of
Engineers that are authorized for construction
but have not been completed; and
``(ii) a list of major Federal operation and
maintenance needs of projects and properties
under the control of the Corps of Engineers.'';
(3) in subparagraph (B)--
(A) in the heading, by inserting ``backlog'' before
``information''; and
(B) in the matter preceding clause (i), by striking
``subparagraph (A)'' and inserting ``subparagraph
(A)(i)'';
(4) by redesignating subparagraph (C) as subparagraph (D) and
inserting after subparagraph (B) the following:
``(C) Required operation and maintenance
information.--The Secretary shall include on the list
developed under subparagraph (A)(ii), for each project
and property under the control of the Corps of
Engineers on that list--
``(i) the authority under which the project
was authorized or the property was acquired by
the Corps of Engineers;
``(ii) a brief description of the project or
property;
``(iii) an estimate of the Federal costs to
meet the major operation and maintenance needs
at the project or property; and
``(iv) an estimate of unmet or deferred
operation and maintenance needs at the project
or property.''; and
(5) in subparagraph (D), as so redesignated--
(A) in clause (i), in the matter preceding subclause
(I), by striking ``Not later than 1 year after the date
of enactment of this paragraph, the Secretary shall
submit a copy of the list'' and inserting ``For fiscal
year 2019, and biennially thereafter, in conjunction
with the President's annual budget submission to
Congress under section 1105(a) of title 31, United
States Code, the Secretary shall submit a copy of the
lists''; and
(B) in clause (ii), by striking ``list'' and
inserting ``lists''.
SEC. 117. STRUCTURES AND FACILITIES CONSTRUCTED BY SECRETARY.
Section 14 of the Act of March 3, 1899 (33 U.S.C. 408) is amended by
adding at the end the following:
``(d) Work Defined.--For the purposes of this section, the term
`work' shall not include unimproved real estate owned or operated by
the Secretary as part of a water resources development project if the
Secretary determines that modification of such real estate would not
affect the function and usefulness of the project.''.
SEC. 118. TRANSPARENCY IN ADMINISTRATIVE EXPENSES.
Section 1012(b)(1) of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 2315a(b)(1)) is amended by striking ``The
Secretary'' and inserting ``Not later than 1 year after the date of
enactment of the Water Resources Development Act of 2018, the
Secretary''.
SEC. 119. STUDY OF THE FUTURE OF THE UNITED STATES ARMY CORPS OF
ENGINEERS.
(a) In General.--The Secretary shall enter into an agreement with the
National Academy of Sciences to convene a committee of experts to carry
out a comprehensive study on--
(1) the ability of the Corps of Engineers to carry out its
statutory missions and responsibilities, and the potential
effects of transferring the functions (including regulatory
obligations), personnel, assets, and civilian staff
responsibilities of the Secretary relating to civil works from
the Department of Defense to a new or existing agency or
subagency of the Federal Government, including how such a
transfer might affect the Federal Government's ability to meet
the current statutory missions and responsibilities of the
Corps of Engineers; and
(2) improving the Corps of Engineers' project delivery
processes, including recommendations for such improvements,
taking into account factors including--
(A) the effect of the annual appropriations process
on the ability of the Corps of Engineers to efficiently
secure and carry out contracts for water resources
projects and perform regulatory obligations;
(B) the effect that the current Corps of Engineers
leadership and geographic structure at the division and
district levels has on its ability to carry out its
missions in a cost-effective manner; and
(C) the effect of the frequency of rotations of
senior leaders of the Corps of Engineers and how such
frequency affects the function of the district.
(b) Considerations.--The study carried out under subsection (a) shall
include consideration of--
(1) effects on the national security of the United States;
(2) the ability of the Corps of Engineers to maintain
sufficient engineering capability and capacity to assist
ongoing and future operations of the United States armed
services; and
(3) emergency and natural disaster response obligations of
the Federal Government that are carried out by the Corps of
Engineers.
(c) Consultation.--The agreement entered into under subsection (a)
shall require the National Academy to, in carrying out the study,
consult with--
(1) the Department of Defense, including the Secretary of the
Army and the Assistant Secretary of the Army for Civil Works;
(2) the Department of Transportation;
(3) the Environmental Protection Agency;
(4) the Department of Homeland Security;
(5) the Office of Management and Budget;
(6) other appropriate Federal agencies;
(7) professional and nongovernmental organizations; and
(8) the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works of the Senate.
(d) Submission to Congress.--The Secretary shall submit the final
report of the National Academy containing the findings of the study
carried out under subsection (a) to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate not later than 2 years after
the date of enactment of this Act.
SEC. 120. ACKNOWLEDGMENT OF CREDIT.
Section 7007(a) of the Water Resources Development Act of 2007 (121
Stat. 1277; 128 Stat. 1226) is amended by adding at the end the
following: ``Notwithstanding section 221(a)(4)(C)(i) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)(C)(i)), the Secretary may
provide credit for work carried out during the period beginning on
November 8, 2007, and ending on the date of enactment of the Water
Resources Development Act of 2018 by the non-Federal interest for a
project under this title if the Secretary determines that the work is
integral to the project and was carried out in accordance with the laws
specified in section 5014(i)(2)(A) of the Water Resources Reform and
Development Act of 2014 (128 Stat. 1331) and all other applicable
Federal laws.''.
SEC. 121. NON-FEDERAL IMPLEMENTATION PILOT PROGRAM.
Section 1043(b)(8) of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 2201 note(b)(8)) is amended by striking ``2015
through 2019'' and inserting ``2019 through 2023''.
SEC. 122. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL
INTERESTS.
Section 203 of the Water Resources Development Act of 1986 (33 U.S.C.
2231) is amended--
(1) in subsection (a)(1), by inserting ``federally
authorized'' before ``feasibility study'';
(2) by amending subsection (c) to read as follows:
``(c) Submission to Congress.--
``(1) Review and submission of studies to congress.--Not
later than 180 days after the date of receipt of a feasibility
study of a project under subsection (a)(1), the Secretary shall
submit to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report that describes--
``(A) the results of the Secretary's review of the
study under subsection (b), including a determination
of whether the project is feasible;
``(B) any recommendations the Secretary may have
concerning the plan or design of the project; and
``(C) any conditions the Secretary may require for
construction of the project.
``(2) Limitation.--The completion of the review by the
Secretary of a feasibility study that has been submitted under
subsection (a)(1) may not be delayed as a result of
consideration being given to changes in policy or priority with
respect to project consideration.''; and
(3) by amending subsection (e) to read as follows:
``(e) Review and Technical Assistance.--
``(1) Review.--The Secretary may accept and expend funds
provided by non-Federal interests to undertake reviews,
inspections, certifications, and other activities that are the
responsibility of the Secretary in carrying out this section.
``(2) Technical assistance.--At 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.
``(3) Limitation.--Funds provided by non-Federal interests
under this subsection shall not be eligible for credit under
subsection (d) or reimbursement.
``(4) Impartial decisionmaking.--In carrying out this
section, the Secretary shall ensure that the use of funds
accepted from a non-Federal interest will not affect the
impartial decisionmaking of the Secretary, either substantively
or procedurally.''.
SEC. 123. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-
FEDERAL INTERESTS.
Section 204 of the Water Resources Development Act of 1986 (33 U.S.C.
2232) is amended--
(1) in subsection (b)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by inserting ``federally authorized''
before ``water resources development project'';
(B) in paragraph (2)(A), by inserting ``, except as
provided in paragraph (3)'' before the semicolon; and
(C) by adding at the end the following:
``(3) Permit exception.--
``(A) In general.--For a project described in
subsection (a)(1) or subsection (a)(3), or a separable
element thereof, with respect to which a written
agreement described in subparagraph (B) has been
entered into, a non-Federal interest that carries out a
project under this section shall not be required to
obtain any Federal permits or approvals that would not
be required if the Secretary carried out the project or
separable element unless significant new circumstances
or information relevant to environmental concerns or
compliance have arisen since development of the project
recommendation.
``(B) Written agreement.--For purposes of this
paragraph, a written agreement shall provide that the
non-Federal interest shall comply with the same legal
and technical requirements that would apply if the
project or separable element were carried out by the
Secretary, including all mitigation required to offset
environmental impacts of the project or separable
element as determined by the Secretary.
``(C) Certifications.--Notwithstanding subparagraph
(A), if a non-Federal interest carrying out a project
under this section would, in the absence of a written
agreement entered into under this paragraph, be
required to obtain a certification from a State under
Federal law to carry out the project, such
certification shall still be required if a written
agreement is entered into with respect to the project
under this paragraph.''; and
(2) in subsection (d)--
(A) in paragraph (3)--
(i) in subparagraph (A), by striking ``;
and'' and inserting a semicolon;
(ii) in subparagraph (B)(ii), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) in the case of reimbursement, appropriations
are provided by Congress for such purpose.''; and
(B) in paragraph (5)--
(i) by striking ``flood damage reduction''
each place it appears and inserting ``water
resources development'';
(ii) in subparagraph (A), by striking ``for a
discrete segment of a'' and inserting ``for
carrying out a discrete segment of a federally
authorized''; and
(iii) in subparagraph (D), in the matter
preceding clause (i), by inserting ``to be
carried out'' after ``project''.
SEC. 124. ADVANCED FUNDS FOR WATER RESOURCES DEVELOPMENT STUDIES AND
PROJECTS.
(a) Contributions by States and Political Subdivisions for Immediate
Use on Authorized Flood-Control Work; Repayment.--The Act of October
15, 1940 (54 Stat. 1176; 33 U.S.C. 701h-1) is amended--
(1) by striking ``a flood-control project duly adopted and
authorized by law'' and inserting ``a federally authorized
water resources development project,'';
(2) by striking ``such work'' and inserting ``such project'';
(3) by striking ``from appropriations which may be provided
by Congress for flood-control work'' and inserting ``if
appropriations are provided by Congress for such purpose''; and
(4) by adding at the end the following: ``For purposes of
this Act, the term `State' means the several States, the
District of Columbia, the commonwealths, territories, and
possessions of the United States, and Indian tribes (as defined
in section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304(e))).''.
(b) No Adverse Effect on Processes.--In implementing any provision of
law that authorizes a non-Federal interest to provide, advance, or
contribute funds to the Secretary for the development or implementation
of a water resources development project (including sections 203 and
204 of the Water Resources Development Act of 1986 (33 U.S.C. 2231,
2232), section 5 of the Act of June 22, 1936 (33 U.S.C. 701h), and the
Act of October 15, 1940 (33 U.S.C. 701h-1)), the Secretary shall
ensure, to the maximum extent practicable, that the use by a non-
Federal interest of such authorities does not adversely affect--
(1) the process or timeline for development and
implementation of other water resources development projects by
other non-Federal entities that do not use such authorities; or
(2) the process for including such projects in the
President's annual budget submission to Congress under section
1105(a) of title 31, United States Code.
(c) Advances by Private Parties; Repayment.--Section 11 of the Act of
March 3, 1925 (Chapter 467; 33 U.S.C. 561) is repealed.
SEC. 125. FUNDING TO PROCESS PERMITS.
Section 214(a) of the Water Resources Development Act of 2000 (33
U.S.C. 2352(a)) is amended--
(1) in paragraph (3), by striking ``10 years'' and inserting
``12 years''; and
(2) in paragraph (5)--
(A) by striking ``4 years after the date of enactment
of this paragraph'' and inserting ``December 31,
2022''; and
(B) by striking ``carry out a study'' and inserting
``carry out a followup study''.
SEC. 126. STUDY ON ECONOMIC AND BUDGETARY ANALYSES.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Secretary shall enter into an agreement with the
National Academy of Sciences to--
(1) carry out a study on the economic principles and
analytical methodologies currently used by or applied to the
Corps of Engineers to formulate, evaluate, and budget for water
resources development projects; and
(2) make recommendations to Congress on potential changes to
such principles and methodologies to improve transparency,
return on Federal investment, cost savings, and prioritization,
in the formulation, evaluation, and budgeting of such projects.
(b) Considerations.--The study under subsection (a) shall include--
(1) an analysis of the current economic principles and
analytical methodologies used by or applied to the Corps of
Engineers in determining the total benefits and total costs
during the formulation of, and plan selection for, a water
resources development project;
(2) an analysis of improvements or alternatives to how the
Corps of Engineers utilizes the National Economic Development,
Regional Economic Development, Environmental Quality, and Other
Social Effects accounts developed by the Institute for Water
Resources of the Corps of Engineers in the formulation of, and
plan selection for, such projects;
(3) an analysis of whether such principles and methodologies
fully account for all of the potential benefits of project
alternatives, including any reasonably associated benefits of
such alternatives that are not contrary to law, Federal policy,
or sound water resources management;
(4) an analysis of whether such principles and methodologies
fully account for all of the costs of project alternatives,
including potential societal costs, such as lost ecosystem
services, and full lifecycle costs for such alternatives; and
(5) an analysis of the methodologies utilized by the Federal
Government in setting and applying discount rates for benefit-
cost analyses used in the formulation, evaluation, and
budgeting of Corps of Engineers water resources development
projects.
(c) Publication.--The agreement entered into under subsection (a)
shall require the National Academy of Sciences to, not later than 30
days after the completion of the study--
(1) submit a report containing the results of the study and
the recommendations to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(2) make a copy of such report available on a publicly
accessible website.
(d) Sense of Congress on Budgetary Evaluation Metrics and
Transparency.--It is the sense of Congress that the President, in the
formulation of the annual budget request for the U.S. Army Corps of
Engineers (Civil Works), should submit to Congress a budget that--
(1) aligns the assessment of the potential benefit-cost ratio
for budgeting water resources development projects with that
used by the Corps of Engineers during project plan formulation
and evaluation pursuant to section 80 of the Water Resources
Development Act of 1974 (42 U.S.C. 1962d-17); and
(2) demonstrates the transparent criteria and metrics
utilized by the President in the evaluation and selection of
water resources development projects included in the budget
request.
SEC. 127. STUDY OF CORROSION MANAGEMENT AT CORPS OF ENGINEERS PROJECTS.
(a) In General.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a study of corrosion management efforts at projects and
properties under the control of the Corps of Engineers.
(b) Requirements.--The study under subsection (a) shall include--
(1) an analysis of--
(A) asset management protocols that are utilized by
the Corps of Engineers, including protocols that
examine both asset integrity and the integration of
corrosion management efforts within the asset
lifecycle, which includes the stages of design,
manufacturing and construction, operation and
maintenance, and decommissioning;
(B) available corrosion prevention technologies that
may be used at projects and properties under the
control of the Corps of Engineers;
(C) corrosion-related asset failures and the
management protocols of the Corps of Engineers to
incorporate lessons learned from such failures into
work and management practices;
(D) training of Corps of Engineers employees with
respect to, and best practices for, identifying and
preventing corrosion at projects and properties under
the control of the Corps of Engineers; and
(E) the estimated costs and anticipated benefits,
including safety benefits, associated with the
integration of corrosion management efforts within the
asset lifecycle; and
(2) a description of Corps of Engineers, stakeholder, and
expert perspectives on the effectiveness of corrosion
management efforts to reduce the incidence of corrosion at
projects and properties under the control of the Corps of
Engineers.
SEC. 128. COSTS IN EXCESS OF FEDERAL PARTICIPATION LIMIT.
Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is
amended by inserting ``, and if such amount is not sufficient to cover
the costs included in the Federal cost share for a project, as
determined by the Secretary, the non-Federal interest shall be
responsible for any such costs that exceed such amount'' before the
period at the end.
SEC. 129. REPORT ON INNOVATIVE MATERIALS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall submit to Congress a report that describes activities
conducted by the Corps of Engineers at centers of expertise, technology
centers, technical centers, research and development centers, and
similar facilities and organizations relating to the testing, research,
development, identification, and recommended uses for innovative
materials in water resources development projects.
SEC. 130. STUDY ON CORPS OF ENGINEERS.
Not later than 180 days after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report that--
(1) describes the capacity and preparedness of the Corps of
Engineers workforce, including challenges related to diversity,
recruitment, retention, retirements, credentialing,
professional development, on-the-job training, and other
readiness-related gaps in ensuring a fully prepared 21st
century Corps of Engineers workforce; and
(2) contains an assessment of the existing technology used by
the Corps of Engineers, the effects of inefficiencies in the
Corps' current technology usage, and recommendations for
improved technology or tools to accomplish its missions and
responsibilities.
SEC. 131. GAO STUDY.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States 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 study of the consideration by the Corps of Engineers
of natural features and nature-based features in the study of the
feasibility of projects for flood risk management, hurricane and storm
damage reduction, and ecosystem restoration.
(b) Considerations.--The study under subsection (a) shall include--
(1) a description of guidance or instructions issued, and
other measures taken, by the Secretary and the Chief of
Engineers to consider natural features and nature-based
features in project feasibility studies;
(2) an assessment of the costs, benefits, impacts, and trade-
offs associated with natural features and nature-based features
recommended by the Secretary for flood risk reduction,
hurricane and storm damage reduction, and ecosystem restoration
projects, and the effectiveness of those natural features and
nature-based features;
(3) a description of any statutory, fiscal, regulatory, or
other policy barriers to the appropriate consideration and use
of a full array of natural features and nature-based features;
and
(4) any recommendations for changes to statutory, fiscal,
regulatory, or other policies to improve the use of natural
features and nature-based features by the Corps of Engineers.
(c) Definitions.--In this section, the terms ``natural feature'' and
``nature-based feature'' have the meanings given such terms in section
1184 of the Water Resources Development Act of 2016 (33 U.S.C. 2289a).
SEC. 132. GAO REPORT ON ALASKA NATIVE VILLAGE RELOCATION EFFORTS DUE TO
FLOODING AND EROSION THREATS.
(a) Definition of Alaska Native Village.--In this section, the term
``Alaska Native village'' means a Native village that has a Village
Corporation (as those terms are defined in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602)).
(b) Report.--The Comptroller General of the United States shall
submit to Congress a report on efforts to relocate Alaska Native
villages due to flooding and erosion threats that updates the report of
the Comptroller General entitled ``Alaska Native Villages: Limited
Progress Has Been Made on Relocating Villages Threatened by Flooding
and Erosion'', dated June 2009.
(c) Inclusions.--The report under subsection (b) shall include--
(1) a summary of flooding and erosion threats to Alaska
Native villages throughout the State of Alaska, based on
information from--
(A) the Corps of Engineers;
(B) the Denali Commission; and
(C) any other relevant sources of information as the
Comptroller General determines to be appropriate;
(2) the status of efforts to relocate Alaska Native villages
due to flooding and erosion threats; and
(3) any other issues relating to flooding and erosion threats
to, or relocation of, Alaska Native villages, as the
Comptroller General determines to be appropriate.
SEC. 133. STUDY AND REPORT ON EXPEDITING CERTAIN WAIVER PROCESSES.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall complete and submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report based on the
results of a study on the best options available to the Secretary to
implement the waiver process for the non-Federal cost share under
section 116 of the Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85; 123 Stat. 2851).
SEC. 134. CORPS OF ENGINEERS CONTINUING AUTHORITIES PROGRAM.
Section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577) is
amended--
(1) in subsection (a), by striking ``$50,000,000'' and
inserting ``$62,500,000''; and
(2) in subsection (b), by striking ``$10,000,000'' and
inserting ``$12,500,000''.
SEC. 135. CREDIT IN LIEU OF REIMBURSEMENT.
Section 1022 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2225) is amended to read as follows:
``SEC. 1022. CREDIT IN LIEU OF REIMBURSEMENT.
``(a) Requests for Credits.--With respect to an authorized flood
damage reduction project, or separable element thereof, that has been
constructed by a non-Federal interest under section 211 of the Water
Resources Development Act of 1996 (33 U.S.C. 701b-13), or an authorized
coastal navigation project that has been constructed by the Corps of
Engineers pursuant to section 11 of the Act of March 3, 1925, before
the date of enactment of the Water Resources Development Act of 2018,
the Secretary may provide to the non-Federal interest, at the request
of the non-Federal interest, a credit in an amount equal to the
estimated Federal share of the cost of the project or separable
element, in lieu of providing to the non-Federal interest a
reimbursement in that amount.
``(b) Application of Credits.--At the request of the non-Federal
interest, the Secretary may apply such credit to the share of the cost
of the non-Federal interest of carrying out other flood damage
reduction and coastal navigation projects or studies.''.
SEC. 136. LAKE OKEECHOBEE REGULATION SCHEDULE REVIEW.
The Secretary, acting through the Chief of Engineers, shall expedite
completion of the Lake Okeechobee regulation schedule to coincide with
the completion of the Herbert Hoover Dike project, and may consider all
relevant aspects of the Comprehensive Everglades Restoration Plan
described in section 601 of the Water Resources Development Act of 2000
(114 Stat. 2680).
SEC. 137. MISSOURI RIVER.
(a) IRC Report.--Not later than 18 months after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
regarding the impacts of interception-rearing complex construction on
the navigation, flood control, and other authorized purposes set forth
in the Missouri River Master Manual, and on the population recovery of
the pallid sturgeon.
(b) No Additional IRC Construction.--Until the report under
subsection (a) is submitted, no additional interception-rearing complex
construction is authorized.
SEC. 138. ACCESS TO REAL ESTATE DATA.
(a) In General.--As soon as is practicable, using available funds,
the Secretary shall make publicly available, including on a publicly
accessible website, information relating to all real property with
respect to which the Corps of Engineers holds an interest. The
information shall include standardized real estate plat descriptions
and geospatial information.
(b) Limitation.--Nothing in this section may be construed to compel
or authorize the disclosure of data or other information determined by
the Secretary to be confidential, privileged, national security, or
personal information, or information the disclosure of which is
otherwise prohibited by law.
SEC. 139. AQUATIC INVASIVE SPECIES RESEARCH.
(a) In General.--As part of the ongoing activities of the Engineer
Research and Development Center to address the spread and impacts of
aquatic invasive species, the Secretary shall undertake research on the
management and eradication of aquatic invasive species, including Asian
carp and zebra mussels.
(b) Locations.--In carrying out subsection (a), the Secretary shall
work with Corps of Engineers district offices representing diverse
geographical regions of the continental United States that are impacted
by aquatic invasive species, such as the Atlantic, Pacific, and Gulf
coasts and the Great Lakes.
(c) Report.--Not later than 180 days after the date of enactment of
this section, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
recommending a plan to address the spread and impacts of aquatic
invasive species.
SEC. 140. HARMFUL ALGAL BLOOM TECHNOLOGY DEMONSTRATION.
(a) In General.--The Secretary, acting through the Engineer Research
and Development Center of the Chief of Engineers, shall implement a 5-
year harmful algal bloom technology development demonstration under the
Aquatic Nuisance Research Program. To the extent practicable, the Corps
of Engineers shall support research that will identify and develop
improved strategies for early detection, prevention, and management
techniques and procedures to reduce the occurrence and effects of
harmful algal blooms in the Nation's water resources.
(b) Scalability Requirement.--The Secretary shall ensure that
technologies identified, tested, and deployed under the harmful algal
bloom program technology development demonstration have the ability to
scale up to meet the needs of harmful-algal-bloom-related events.
SEC. 141. BUBBLY CREEK, CHICAGO ECOSYSTEM RESTORATION.
The Secretary shall enter into a memorandum of understanding with the
Administrator of the Environmental Protection Agency to facilitate
ecosystem restoration activities at the South Fork of the South Branch
of the Chicago River (commonly known as Bubbly Creek).
SEC. 142. OPERATION AND MAINTENANCE OF NAVIGATION AND HYDROELECTRIC
FACILITIES.
(a) In General.--Section 314 of the Water Resources Development Act
of 1990 (33 U.S.C. 2321) is amended--
(1) in the heading by inserting ``navigation and'' before
``hydroelectric facilities'';
(2) in the first sentence, by striking ``Activities currently
performed'' and inserting the following:
``(a) In General.--Activities currently performed'';
(3) in subsection (a) (as designated by paragraph (2)), by
inserting ``navigation or'' before ``hydroelectric'';
(4) in the second sentence, by striking ``This section'' and
inserting the following:
``(b) Major Maintenance Contracts Allowed.--This section''; and
(5) by adding at the end the following:
``(c) Exclusion.--This section does not--
``(1) apply to a navigation facility that was under contract
on or before the date of enactment of this subsection with a
non-Federal interest to perform operations or maintenance; and
``(2) prohibit the Secretary from contracting out commercial
activities after the date of enactment of this subsection at a
navigation facility.''.
(b) Clerical Amendment.--The table of contents contained in section
1(b) of the Water Resources Development Act of 1990 (104 Stat. 4604) is
amended by striking the item relating to section 314 and inserting the
following:
``Sec. 314. Operation and maintenance of navigation and hydroelectric
facilities.''.
SEC. 143. HURRICANE AND STORM DAMAGE REDUCTION.
Section 156 of the Water Resources Development Act of 1976 (42 U.S.C.
1962d-5f) is amended in subsection (b)--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(1) In general.--Notwithstanding''; and
(2) by adding at the end the following:
``(2) Timing.--The 15 additional years under paragraph (1)
shall begin on the date of initiation of construction of
congressionally authorized nourishment.''.
SEC. 144. POST-DISASTER WATERSHED ASSESSMENTS IN THE TERRITORIES OF THE
UNITED STATES.
Section 3025 of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2267b) is amended by adding at the end the following:
``(e) Assessments in the Territories of the United States.--
``(1) In general.--For any major disaster declared in the
territories of the United States before the date of enactment
of this subsection, all activities in the territory carried out
or undertaken pursuant to the authorities described under this
section shall be conducted at full Federal expense unless the
President determines that the territory has the ability to pay
the cost share for an assessment under this section without the
use of non-Federal funds or loans.
``(2) Territories defined.--In this subsection, the term
`territories of the United States' means those insular areas
specified in section 1156(a)(1) of the Water Resources
Development Act of 1986 (33 U.S.C. 2310(a)(1)).''.
TITLE II--STUDIES
SEC. 201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.
The Secretary is authorized to conduct a feasibility study for the
following projects for water resources development and conservation and
other purposes, as identified in the reports titled ``Report to
Congress on Future Water Resources Development'' submitted to Congress
on March 17, 2017, and February 5, 2018, respectively, pursuant to
section 7001 of the Water Resources Reform and Development Act of 2014
(33 U.S.C. 2282d) or otherwise reviewed by Congress:
(1) Cave buttes dam, arizona.--Project for flood risk
management, Phoenix, Arizona.
(2) San diego river, california.--Project for flood risk
management, navigation, and ecosystem restoration, San Diego,
California.
(3) J. bennett johnston waterway, louisiana.--Project for
navigation, J. Bennett Johnston Waterway, Louisiana.
(4) Northshore, louisiana.--Project for flood risk
management, St. Tammany Parish, Louisiana.
(5) Ouachita-black rivers, louisiana.--Project for
navigation, Little River, Louisiana.
(6) Chautauqua lake, new york.--Project for ecosystem
restoration and flood risk management, Chautauqua, New York.
(7) Trinity river and tributaries, texas.--Project for
navigation, Liberty, Texas.
(8) West cell levee, texas.--Project for flood risk
management, Irving, Texas.
(9) Coastal virginia, virginia.--Project for flood risk
management, ecosystem restoration, and navigation, Coastal
Virginia.
(10) Tangier island, virginia.--Project for flood risk
management and ecosystem restoration, Tangier Island, Virginia.
SEC. 202. ADDITIONAL STUDIES.
(a) Lower Mississippi River; Missouri, Kentucky, Tennessee, Arkansas,
Mississippi, and Louisiana.--
(1) In general.--The Secretary is authorized to carry out
studies to determine the feasibility of habitat restoration for
each of the eight reaches identified as priorities in the
report prepared by the Secretary pursuant to section 402 of the
Water Resources Development Act of 2000, titled ``Lower
Mississippi River Resource Assessment; Final Assessment In
Response to Section 402 of WRDA 2000'' and dated July 2015.
(2) Consultation.--The Secretary shall consult with the Lower
Mississippi River Conservation Committee during each
feasibility study carried out under paragraph (1).
(b) St. Louis Riverfront, Meramec River Basin, Missouri and
Illinois.--
(1) In general.--The Secretary is authorized to carry out
studies to determine the feasibility of a project for ecosystem
restoration and flood risk management in Madison, St. Clair,
and Monroe Counties, Illinois, St. Louis City, and St. Louis,
Jefferson, Franklin, Gasconade, Maries, Phelps, Crawford, Dent,
Washington, Iron, St. Francois, St. Genevieve, Osage, Reynolds,
and Texas Counties, Missouri.
(2) Continuation of existing study.--Any study carried out
under paragraph (1) shall be considered a continuation of the
study being carried out under Committee Resolution 2642 of the
Committee on Transportation and Infrastructure of the House of
Representatives, adopted June 21, 2000.
SEC. 203. EXPEDITED COMPLETION OF REPORTS FOR CERTAIN PROJECTS.
(a) Feasibility Reports.--The Secretary shall expedite the completion
of a feasibility study for each of the following projects, and if the
Secretary determines that the project is justified in a completed
report, may proceed directly to preconstruction planning, engineering,
and design of the project:
(1) Project for riverbank stabilization, Selma, Alabama.
(2) Project for ecosystem restoration, Three Mile Creek,
Alabama.
(3) Project for navigation, Nome, Alaska.
(4) Project for flood diversion, Seward, Alaska.
(5) Project for navigation, Three Rivers, Arkansas.
(6) Project for flood control, water conservation, and
related purposes, Coyote Valley Dam, California.
(7) Project for flood risk management, Lower Cache Creek,
California.
(8) Project for flood risk management, Lower San Joaquin
River, California, as described in section 1322(b)(2)(F) of the
Water Resources Development Act of 2016 (130 Stat. 1707)
(second phase of feasibility study).
(9) Project for flood risk management, South San Francisco,
California.
(10) Project for flood risk management and ecosystem
restoration, Tijuana River, California.
(11) Project for flood risk management in East Hartford,
Connecticut.
(12) Project for flood risk management in Hartford,
Connecticut.
(13) Projects under the Comprehensive Flood Mitigation Study
for the Delaware River Basin.
(14) Project for ecosystem restoration, Lake Apopka, Florida.
(15) Project for ecosystem restoration, Kansas River Weir,
Kansas.
(16) Project for water resource improvements, Willamette
River Basin, Fern Ridge, Oregon.
(17) Project for ecosystem restoration, Resacas at
Brownsville, Texas.
(18) Project for navigation, Norfolk Harbor, Virginia.
(19) Project for coastal storm risk management, Norfolk,
Virginia.
(20) Project for navigation, Tacoma Harbor, Washington.
(b) Lower San Joaquin River, California.--In expediting completion of
the second phase of the Lower San Joaquin River feasibility study under
subsection (a)(8), the Secretary shall review and give priority to any
plans and designs requested by non-Federal interests and incorporate
such plans and designs into the Federal study if the Secretary
determines that such plans and designs are consistent with Federal
standards.
(c) Post-authorization Change Reports.--The Secretary shall expedite
completion of a post-authorization change report for the following
projects:
(1) Project for flood risk management, San Luis Rey River
Flood Control Protection Project, California.
(2) Project for flood risk management, Success Reservoir
Enlargement Project, California.
(3) Everglades Agricultural Area Reservoir, Central
Everglades Planning Project, Florida.
(4) Project for navigation, Sault Sainte Marie, Michigan.
(d) Upper Mississippi River Protection.--Section 2010 of the Water
Resources Reform and Development Act of 2014 (128 Stat. 1270) is
amended by adding at the end the following:
``(d) Considerations.--In carrying out a disposition study with
respect to the Upper St. Anthony Falls Lock and Dam, including a
disposition study under section 216 of the Flood Control Act of 1970
(33 U.S.C. 549a), the Secretary may not complete such study until the
Secretary considers, and issues a report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate on--
``(1) the feasibility of carrying out modifications to the
Upper St. Anthony Falls Lock and Dam to--
``(A) preserve and enhance recreational opportunities
and the health of the ecosystem; and
``(B) maintain the benefits to the natural ecosystem
and human environment; and
``(2) the preservation of any portion of the Upper St.
Anthony Falls Lock and Dam necessary to maintain flood
control.''.
TITLE III--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS
SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS.
(a) Purposes.--The purposes of this section are--
(1) to identify $3,000,000,000 in water resources development
projects authorized by Congress that are no longer viable for
construction due to--
(A) a lack of local support;
(B) a lack of available Federal or non-Federal
resources; or
(C) an authorizing purpose that is no longer relevant
or feasible;
(2) to create an expedited and definitive process for
Congress to deauthorize water resources development projects
that are no longer viable for construction; and
(3) to allow the continued authorization of water resources
development projects that are viable for construction.
(b) Interim Deauthorization List.--
(1) In general.--The Secretary shall develop an interim
deauthorization list that identifies--
(A) each water resources development project, or
separable element of a project, authorized for
construction before November 8, 2007, for which--
(i) planning, design, or construction was not
initiated before the date of enactment of this
Act; or
(ii) planning, design, or construction was
initiated before the date of enactment of this
Act, but for which no funds, Federal or non-
Federal, were obligated for planning, design,
or construction of the project or separable
element of the project during the current
fiscal year or any of the 6 preceding fiscal
years;
(B) each project or separable element identified and
included on a list to Congress for deauthorization
pursuant to section 1001(b)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 579a(b)(2)); and
(C) any project or separable element for which the
non-Federal sponsor of such project or separable
element submits a request for inclusion on the list.
(2) Public comment and consultation.--
(A) In general.--The Secretary shall solicit comments
from the public and the Governors of each applicable
State on the interim deauthorization list developed
under paragraph (1).
(B) Comment period.--The public comment period shall
be 90 days.
(3) Submission to congress; publication.--Not later than 90
days after the date of the close of the comment period under
paragraph (2), the Secretary shall--
(A) submit a revised interim deauthorization list to
the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(B) publish the revised interim deauthorization list
in the Federal Register.
(c) Final Deauthorization List.--
(1) In general.--The Secretary shall develop a final
deauthorization list of water resources development projects,
or separable elements of projects, from the revised interim
deauthorization list described in subsection (b)(3).
(2) Deauthorization amount.--
(A) Proposed final list.--The Secretary shall prepare
a proposed final deauthorization list of projects and
separable elements of projects that have, in the
aggregate, an estimated Federal cost to complete that
is at least $3,000,000,000.
(B) Determination of Federal cost to complete.--For
purposes of subparagraph (A), the Federal cost to
complete shall take into account any allowances
authorized by section 902 of the Water Resources
Development Act of 1986 (33 U.S.C. 2280), as applied to
the most recent project schedule and cost estimate.
(3) Identification of projects.--
(A) Sequencing of projects.--
(i) In general.--The Secretary shall identify
projects and separable elements of projects for
inclusion on the proposed final deauthorization
list according to the order in which the
projects and separable elements of the projects
were authorized, beginning with the earliest
authorized projects and separable elements of
projects and ending with the latest project or
separable element of a project necessary to
meet the aggregate amount under paragraph
(2)(A).
(ii) Factors to consider.--The Secretary may
identify projects and separable elements of
projects in an order other than that
established by clause (i) if the Secretary
determines, on a case-by-case basis, that a
project or separable element of a project is
critical for interests of the United States,
based on the possible impact of the project or
separable element of the project on public
health and safety, the national economy, or the
environment.
(iii) Consideration of public comments.--In
making determinations under clause (ii), the
Secretary shall consider any comments received
under subsection (b)(2).
(B) Appendix.--The Secretary shall include as part of
the proposed final deauthorization list an appendix
that--
(i) identifies each project or separable
element of a project on the interim
deauthorization list developed under subsection
(b) that is not included on the proposed final
deauthorization list; and
(ii) describes the reasons why the project or
separable element is not included on the
proposed final list.
(4) Public comment and consultation.--
(A) In general.--The Secretary shall solicit comments
from the public and the Governor of each applicable
State on the proposed final deauthorization list and
appendix developed under paragraphs (2) and (3).
(B) Comment period.--The public comment period shall
be 90 days.
(5) Submission of final list to congress; publication.--Not
later than 120 days after the date of the close of the comment
period under paragraph (4), the Secretary shall--
(A) submit a final deauthorization list and an
appendix to the final deauthorization list in a report
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(B) publish the final deauthorization list and the
appendix to the final deauthorization list in the
Federal Register.
(d) Deauthorization; Congressional Review.--
(1) In general.--After the expiration of the 180-day period
beginning on the date of submission of the final
deauthorization list and appendix under subsection (c), a
project or separable element of a project identified in the
final deauthorization list is hereby deauthorized, unless
Congress passes a joint resolution disapproving the final
deauthorization list prior to the end of such period.
(2) Non-federal contributions.--
(A) In general.--A project or separable element of a
project identified in the final deauthorization list
under subsection (c) shall not be deauthorized under
this subsection if, before the expiration of the 180-
day period referred to in paragraph (1), the non-
Federal interest for the project or separable element
of the project provides sufficient funds to complete
the project or separable element of the project.
(B) Treatment of projects.--Notwithstanding
subparagraph (A), each project and separable element of
a project identified in the final deauthorization list
shall be treated as deauthorized for purposes of the
aggregate deauthorization amount specified in
subsection (c)(2)(A).
(3) Projects identified in appendix.--A project or separable
element of a project identified in the appendix to the final
deauthorization list shall remain subject to future
deauthorization by Congress.
(e) Special Rule for Projects Receiving Funds for Post-authorization
Study.--A project or separable element of a project may not be
identified on the interim deauthorization list developed under
subsection (b), or the final deauthorization list developed under
subsection (c), if the project or separable element received funding
for a post-authorization study during the current fiscal year or any of
the 6 preceding fiscal years.
(f) General Provisions.--
(1) Definitions.--In this section, the following definitions
apply:
(A) Post-authorization study.--The term ``post-
authorization study'' means--
(i) a feasibility report developed under
section 905 of the Water Resources Development
Act of 1986 (33 U.S.C. 2282);
(ii) a feasibility study, as defined in
section 105(d) of the Water Resources
Development Act of 1986 (33 U.S.C. 2215(d)); or
(iii) a review conducted under section 216 of
the Flood Control Act of 1970 (33 U.S.C. 549a),
including an initial appraisal that--
(I) demonstrates a Federal interest;
and
(II) requires additional analysis for
the project or separable element.
(B) Water resources development project.--The term
``water resources development project'' includes an
environmental infrastructure assistance project or
program of the Corps of Engineers.
(2) Treatment of project modifications.--For purposes of this
section, if an authorized water resources development project
or separable element of the project has been modified by an Act
of Congress, the date of the authorization of the project or
separable element shall be deemed to be the date of the most
recent modification.
SEC. 302. 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 10-year period beginning on the date of enactment of
this Act unless--
(A) funds have been obligated for construction of, or
a post-authorization study for, such project or
separable element during that period; or
(B) the authorization contained in this Act has been
modified by a subsequent Act of Congress.
(2) Identification of projects.--Not later than 60 days after
the expiration of the 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).
(b) Report to Congress.--Not later than 60 days after the expiration
of the 12-year period beginning on the date of enactment of this Act,
the Secretary shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives, and make available to
the public, a report that contains--
(1) a list of any water resources development projects
authorized by this Act for which construction has not been
completed during that period;
(2) a description of the reasons the projects were not
completed;
(3) a schedule for the completion of the projects based on
expected levels of appropriations; and
(4) a 5-year and 10-year projection of construction backlog
and any recommendations to Congress regarding how to mitigate
current problems and the backlog.
(c) Clarification.--Section 6003(a) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 579c(a)) is amended by striking ``7-
year'' each place it appears and inserting ``10-year''.
SEC. 303. PROJECT MODIFICATIONS.
(a) Consistency With Reports.--Congress finds that the project
modifications described in this section are in accordance with the
reports submitted to Congress by the Secretary under section 7001 of
the Water Resources Reform and Development Act of 2014 (33 U.S.C.
2282d), titled ``Report to Congress on Future Water Resources
Development'', or have otherwise been reviewed by Congress.
(b) Modifications.--
(1) Harbor/South bay, california.--Section 219(f)(43) of the
Water Resources Development Act of 1992 (113 Stat. 337; 114
Stat. 2763A-220) is amended by striking ``$35,000,000'' and
inserting ``$70,000,000''.
(2) Lakes marion and moultrie, south carolina.--Section
219(f)(25) of the Water Resources Development Act of 1992 (113
Stat. 336; 114 Stat. 2763A-220; 117 Stat. 1838; 130 Stat. 1677)
is amended by striking ``$60,000,000'' and inserting
``$89,550,000''.
SEC. 304. MILWAUKEE HARBOR, MILWAUKEE, WISCONSIN.
The portion of the project for navigation, Milwaukee Harbor,
Milwaukee, Wisconsin, authorized by the first section of the Act of
March 3, 1843 (5 Stat. 619; chapter 85), consisting of the navigation
channel within the Menomonee River that extends from the 16th Street
Bridge upstream to the upper limit of the authorized navigation channel
and described as follows is no longer authorized beginning on the date
of enactment of this Act:
(1) Beginning at a point in the channel just downstream of
the 16th Street Bridge, N383219.703, E2521152.527.
(2) Thence running westerly along the channel about 2,530.2
feet to a point, N383161.314, E2518620.712.
(3) Thence running westerly by southwesterly along the
channel about 591.7 feet to a point at the upstream limit of
the existing project, N383080.126, E2518036.371.
(4) Thence running northerly along the upstream limit of the
existing project about 80.5 feet to a point, N383159.359,
E2518025.363.
(5) Thence running easterly by northeasterly along the
channel about 551.2 feet to a point, N383235.185, E2518571.108.
(6) Thence running easterly along the channel about 2,578.9
feet to a point, N383294.677, E2521150.798.
(7) Thence running southerly across the channel about 74.3
feet to the point of origin.
SEC. 305. BRIDGEPORT HARBOR, CONNECTICUT.
That portion of the project for navigation, Bridgeport Harbor,
Connecticut, authorized by the Act of June 18, 1878 (20 Stat. 158), and
modified by the Act of August 11, 1888 (25 Stat. 401), the Act of March
3, 1899 (30 Stat. 1122), the Act of June 25, 1910 (36 Stat. 633), and
the Act of July 3, 1930 (46 Stat. 919), and lying upstream of a line
commencing at point N627942.09, E879709.18 thence running southwesterly
about 125 feet to a point N627832.03, E879649.91 is no longer
authorized beginning on the date of enactment of this Act.
SEC. 306. CONVEYANCES.
(a) Cheatham County, Tennessee.--
(1) Conveyance authorized.--The Secretary may convey to
Cheatham County, Tennessee (in this subsection referred to as
the ``Grantee''), all right, title, and interest of the United
States in and to the real property in Cheatham County,
Tennessee, consisting of approximately 9.19 acres, identified
as portions of tracts E-514-1, E-514-2, E-518-1, E-518-2, E-
519-1, E-537-1, and E-538, all being part of the Cheatham Lock
and Dam project at CRM 158.5, including any improvements
thereon.
(2) Deed.--The conveyance of property under this subsection
shall be accomplished using a quitclaim deed and upon such
terms and conditions as the Secretary determines appropriate to
protect the interests of the United States, to include
retaining the right to inundate with water any land transferred
under this subsection.
(3) Consideration.--The Grantee shall pay to the Secretary an
amount that is not less than the fair market value of the land
conveyed under this subsection, as determined by the Secretary.
(4) Subject to existing easements and other interests.--The
conveyance of property under this section shall be subject to
all existing easements, rights-of-way, and leases that are in
effect as of the date of the conveyance.
(b) Nashville, Tennessee.--
(1) Conveyance authorized.--The Secretary may convey, without
consideration, to the City of Nashville, Tennessee (in this
subsection referred to as the ``City''), all right, title, and
interest of the United States in and to the real property
covered by Lease No. DACW62-1-84-149, including any
improvements thereon, at the Riverfront Park Recreational
Development, consisting of approximately 5 acres, subject to
the right of the Secretary to retain any required easements in
the property.
(2) Conveyance agreement.--A quit claim deed shall be used to
convey real property under this subsection upon the terms and
conditions mutually satisfactory to the Secretary and the City.
The deed shall provide that in the event the City, its
successors, or assigns cease to maintain improvements for
recreation included in the conveyance or otherwise utilize the
real property conveyed for purposes other than recreation and
compatible flood risk management, the City, its successor, or
assign shall repay to the United States the Federal share of
the cost of constructing the improvements for recreation under
the agreement between the United States and the City dated
December 8, 1981, increased as necessary to account for
inflation.
(c) Generally Applicable Provisions.--
(1) Survey to obtain legal description.--The exact acreage
and the legal description of any real property to be conveyed
under this section shall be determined by a survey that is
satisfactory to the Secretary.
(2) Applicability of property screening provisions.--Section
2696 of title 10, United States Code, shall not apply to any
conveyance under this section.
(3) Additional terms and conditions.--The Secretary may
require that any conveyance under this section be subject to
such additional terms and conditions as the Secretary considers
necessary and appropriate to protect the interests of the
United States.
(4) Costs of conveyance.--An entity to which a conveyance is
made under this section shall be responsible for all reasonable
and necessary costs, including real estate transaction and
environmental documentation costs, associated with the
conveyance.
(5) Liability.--An entity to which a conveyance is made under
this section shall hold the United States harmless from any
liability with respect to activities carried out, on or after
the date of the conveyance, on real property conveyed. The
United States shall remain responsible for any liability with
respect to activities carried out, before such date, on the
real property conveyed.
SEC. 307. CLATSOP COUNTY, OREGON.
The portions of the project for raising and improving existing levees
of Clatsop County Diking District No. 13, in Clatsop County, Oregon,
authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1590),
that are referred to as Christensen No. 1 Dike No. 42 and Christensen
No. 2 Levee No. 43 are no longer authorized beginning on the date of
enactment of this Act.
SEC. 308. KISSIMMEE RIVER RESTORATION, CENTRAL AND SOUTHERN FLORIDA.
Subject to a determination by the Secretary that the costs are
reasonable and allowable and that the work for which credit is
requested was carried out in accordance with the laws specified in
section 5014(i)(2)(A) of the Water Resources Reform and Development Act
of 2014 (128 Stat. 1331) and all other applicable Federal laws, the
Secretary may credit toward the non-Federal share of the cost of the
Kissimmee River project, authorized in section 101(8) of the Water
Resources Development Act of 1992 (106 Stat. 4802), the value of in-
kind contributions made by the non-Federal interest with respect to the
six following actions, as described in the final report of the Director
of Civil Works on the Central and Southern Florida Project, Kissimmee
River Restoration Project, dated April 27, 2018:
(1) Shady Oaks Fish Camp land preparation.
(2) Rocks Fish Camp land preparation.
(3) Levee breaching of Sparks Candler and Bronson Levees.
(4) Packingham Slough construction related to land
acquisition.
(5) Engineering analysis of River Acres engineering solution.
(6) Small local levee modifications.
SEC. 309. LYTLE AND CAJON CREEKS, CALIFORNIA.
That portion of the channel improvement project, Lytle and Cajon
Creeks, California, authorized to be carried out as a part of the
project for the Santa Ana River Basin, California, by the Act of
December 22, 1944 (Chapter 665; 58 Stat. 900) that consists of five
earth-filled groins commonly referred to as ``the Riverside Avenue
groins'' is no longer authorized as a Federal project beginning on the
date of enactment of this Act.
SEC. 310. YUBA RIVER BASIN, CALIFORNIA.
(a) In General.--The project for flood damage reduction, Yuba River
Basin, California, authorized by section 101(a)(10) of the Water
Resources Development Act of 1999 (113 Stat. 275) is modified to allow
a non-Federal interest to construct a new levee to connect the existing
levee with high ground.
(b) Project Description.--The levee to be constructed shall tie into
the existing levee at a point Northing 2186189.2438, Easting
6703908.8657, thence running east and south along a path to be
determined to a point Northing 2187849.4328, Easting 6719262.0164.
(c) Cooperation Agreement.--The Secretary shall execute a conforming
amendment to the Memorandum of Understanding Respecting the Sacramento
River Flood Control Project with the State of California dated November
30, 1953, that is limited to changing the description of the project to
reflect the modification.
(d) No Federal Cost.--
(1) Review costs.--Before construction of the levee described
in subsection (b), the Secretary may accept and expend funds
received from a non-Federal interest to review the planning,
engineering, and design of the levee described in subsection
(b) to ensure that such planning, engineering, and design
complies with Federal standards.
(2) Non-federal share.--The non-Federal share of the cost of
constructing the levee shall be 100 percent.
TITLE IV--WATER RESOURCES INFRASTRUCTURE
SEC. 401. PROJECT AUTHORIZATIONS.
The following projects for water resources development and
conservation and other purposes, as identified in the reports titled
``Report to Congress on Future Water Resources Development'' submitted
to Congress on March 17, 2017, and February 5, 2018, respectively,
pursuant to section 7001 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by Congress are
authorized to be carried out by the Secretary substantially in
accordance with the plans, and subject to the conditions, described in
the respective reports or decision documents designated in this
section:
(1) Navigation.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. TX Galveston Harbor Aug. 8, 2017 Federal: $10,046,000
Channel Extension Non-Federal: $3,349,000
Project, Houston- Total: $13,395,000
Galveston
Navigation
Channels
------------------------------------------------------------------------
(2) Flood risk management.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. NY Mamaroneck- Dec. 14, 2017 Federal: $53,500,000
Sheldrake Rivers Non-Federal: $28,750,000
Total: $82,250,000
------------------------------------------------------------------------
2. HI Ala Wai Canal Dec. 21, 2017 Federal: $198,962,000;
Non-Federal: $107,133,000
Total: $306,095,000
------------------------------------------------------------------------
(3) Hurricane and storm damage risk reduction.--
------------------------------------------------------------------------
C. Date of
Report of D. Estimated Initial
A. State B. Name Chief of Costs and Estimated
Engineers Renourishment Costs
------------------------------------------------------------------------
1. FL St. Johns County Aug. 8, 2017 Initial Federal: $5,712,000
Initial Non-Federal:
$19,122,000
Initial Total: $24,834,000
Renourishment Federal:
$9,484,000
Renourishment Non-Federal:
$44,099,000
Renourishment Total:
$53,583,000
------------------------------------------------------------------------
2. TX Sabine Pass to Dec. 7, 2017 Initial Federal:
Galveston Bay $2,157,202,000
Initial Non-Federal:
$1,161,570,000
Initial Total:
$3,318,772,000
------------------------------------------------------------------------
3. FL St. Lucie County Dec. 15, 2017 Initial Federal: $7,097,000
Initial Non-Federal:
$13,179,000
Initial Total: $20,276,000
Renourishment Federal:
$8,915,000
Renourishment Non-Federal:
$24,105,000
Renourishment Total:
$33,020,000
------------------------------------------------------------------------
(4) Flood risk management and ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. NM Espanola Valley, May 11, 2018 Federal: $40,117,000
Rio Grande Non-Federal: $21,601,000
Total: $61,718,000
------------------------------------------------------------------------
(5) Modifications and other projects.--
------------------------------------------------------------------------
C. Date of
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. GA Savannah Harbor Dec. 5, 2016 Federal: $677,613,600
Expansion Project Non-Federal: $295,829,400
Total: $973,443,000
------------------------------------------------------------------------
2. KY Kentucky River April 20, Federal: $0
Locks and Dams - 2018 Non-Federal: $0
1, 2, 3, and 4 Total: $0
------------------------------------------------------------------------
Purpose of Legislation
H.R. 8 authorizes the United States Army Corps of Engineers
(Corps) to carry out water resources development activities for
the Nation, usually through cost-sharing partnerships with non-
federal sponsors. Activities include navigation, flood damage
reduction, shoreline protection, hydropower, dam safety, water
supply, recreation, environmental restoration and protection,
and disaster response and recovery. H.R. 8 also reforms the
Corps planning process, promotes timely project delivery,
empowers non-Federal project sponsors, and strengthens
congressional oversight.
Background and Need for Legislation
America enjoys an unparalleled network of natural harbors
and rivers. The ports, channels, locks, dams, and other
infrastructure that support our maritime and waterways
transportation system and provide flood protection for our
homes and businesses are vitally important to a healthy
national economy and job growth. Ensuring a sound
infrastructure network is a shared responsibility, with Federal
and state roles recognized by our Founding Fathers. The Water
Resources Development Act (WRDA) of 2018 promotes the Federal
commitment to our Nation's competitiveness, prosperity, and
economic growth by maintaining a strong transportation
infrastructure, ensuring the efficient flow of domestic and
international commerce, and protecting the lives and
livelihoods of the American people in a sustainable manner.
Through WRDA, Congress authorizes the key missions of the
Corps, including developing, maintaining, and supporting the
Nation's economically vital waterway infrastructure and
supporting effective and targeted flood protection and
environmental restoration needs. WRDA also provides Congress
the opportunity to make much needed policy reforms, strengthen
oversight, promote efficient, effective, and transparent
project development and implementation, and open the door to
innovation and stronger partnerships that will improve
infrastructure development. Water resources legislation should
be enacted every two years to provide oversight of and policy
direction to the Administration and the Corps.
Since 2014, the Committee has resumed the regular
consideration of Water Resources Development Acts no less than
once a Congress. The Water Resources Development Act of 2018
continues the WRDA 2-year cycle that provides appropriate
oversight of and policy direction to the Administration and the
Corps.
The transformative nature of the last two WRDA bills has
provided the Corps and the non-Federal sponsors with a
tremendous number of new opportunities for advancing projects
more quickly. The Committee has been concerned with the pace
that the Corps has issued implementation guidance, and expects
that now that the Corps has had time to work through the new
authorities and processes set up in WRRDA 2014 and WRDA 2016,
project delivery can begin to speed up. The Corps estimates
that the current backlog of authorized projects studies is over
$96 billion. The Committee expects that the provisions put
forward in this bill, as well as the last two WRDA bills, will
help reverse the trend seen over the years of the Corps and OMB
finding new and creative ways to reject, disqualify, or
otherwise stifle investment in worthwhile and beneficial water
resources development projects, and instead, permit, encourage,
and enable these projects to move forward.
One of the creative ways to reject investment in beneficial
water resources projects is the use of unrealistic benefit-cost
analyses (BCAs) in the formulation, evaluation, and budgeting
of water resources development projects. The Committee
continues to be approached by members and non-Federal projects
sponsors who have projects that are authorized but are being
told no because the way the Administration has decided to
calculate the BCA leaves them in the dark. Congress is clear,
if a project is authorized, Congress believes it is worthy of
funding.
Because of the increasing frustration with BCAs across all
Corps project areas, this bill contains a provision that
requires the Corps to contract with the National Academy of
Sciences to carry out a study on the Corps' use and application
of their current BCAs and to recommend changes to improve
transparency, cost savings, and the return on Federal
investment. Corps water resources development projects have
long time horizons reflective of their critical importance to
maintaining the Nation's economic prosperity, national
security, and environmental protection. This report should
provide a more realistic look at what benefits should be
included in BCA calculations to help inform a more reality-
based process. The Committee encourages the Corps to
proactively work with non-Federal sponsors to transparently
discuss the principles and analytical methodologies used in
developing BCAs on these projects.
In 1986, Congress enacted the Harbor Maintenance Tax to
recover the operation and maintenance dredging costs for
commercial ports from maritime shippers. The Harbor Maintenance
Tax is directly levied on importers and domestic shippers using
coastal or inland ports as a 0.125 percent ad valorem tax on
the value of imported cargo (e.g., $1.25 per $1,000 value) and
is typically passed along in the purchase of imported goods or
services. These revenues are deposited into a HMTF within the
U.S. Treasury from which Congress currently appropriates funds
to the Corps for harbor maintenance dredging.
The HMTF has historically collected far more revenues from
shippers than Congress has appropriated to the Corps to
maintain our harbors, with approximately $9 billion in already-
collected revenues sitting idle in the U.S. Treasury. As a
result, shippers continue to honor their commitment to pay for
promised maintenance activities, but the dredging needs of our
Nation's ports go unmet. According to the Corps, full
navigation channels at our Nation's busiest 59 ports are
available less than 35 percent of the time--and the conditions
of our midsize and emerging harbors are far worse. To be clear,
there are sufficient funds in the Trust Fund to meet the
maintenance dredging needs of all Federally authorized ports.
This Committee took the initial steps to ensure that Harbor
Maintenance taxes are fully utilized through enactment of
discretionary appropriations targets from the Trust Fund in the
Water Resources Reform and Development Act of 2014 (WRRDA).
This provision established annually increasing targets for
appropriations from the Trust Fund to be used for the
operations and maintenance of our authorized commercial
harbors. This provision also established the first mandatory
set-aside for the nation's small (emerging) commercial harbors.
The Committee is pleased these discretionary targets have been
successfully reached in the initial years after enactment of
WRRDA 2014, including 95% of HMTF revenues being spent in
fiscal year 2018, but recognizes the challenge of reaching full
allocation of annual HMTF collections while not also negatively
affecting the other missions and responsibilities of the Corps.
At the same time, even under the status quo of WRRDA 2014,
there is an ever-growing balance in the Trust Fund that is not
being used for its intended purpose. According to the
Congressional Budget Office (CBO), the HMTF will collect $18.5
billion in new revenues over the next decade--in addition to
the approximately $9 billion in previously collected but
unspent revenues in the HMTF. Yet, according to CBO, Federal
appropriations from the HMTF over the next decade are only
expected to total $14.3 billion, and would result in the
balance of the HMTF doubling--reaching $17.2 billion in fiscal
year 2026. Under this scenario, the maintenance needs of
commercial ports will continue to go unmet, while the funding
to fix them remains idle.
Section 102 is intended to work in tandem with the existing
discretionary appropriations targets of WRRDA 2014 by allowing,
in fiscal year 2029, the Secretary to utilize the existing
balances in the Trust Fund to meet the operation and
maintenance needs of authorized commercial harbors. By
specifically authorizing the commercial harbors where these
funds could be used, as well as the authorized purposes of
these funds, Congress has already established clear, statutory
limits on expenditures from the Trust Fund. This authority
simply provides a separate avenue for allowing the expenditure
of these funds for their intended purposes, rather than the
status quo, which allows these funds to be used to mask other
expenditures of the Federal government and the true size of the
Federal deficit.
The Committee is cautiously positive about the new
implementation of Section 14 of the Rivers and Harbors Act of
1899 (commonly called a `408 permission', since this law is
codified in 33 U.S.C. Sec. 408). Non-Federal entities seeking
to modify Federal water resources projects are often required
to obtain a 408 permission from the Corps prior to initiating
the modification; however, the Committee has previously
addressed the issues with the way the Corps is implementing
this provision. The changes the Corps has finally implemented
in WRRDA 2014, and WRDA 2016, along with issuing a new
engineering circular, should make the process of obtaining 408
permissions faster. The Corps should ensure that necessary
permissions under this authority are carried out in an
expeditious and transparent manner, consistent with Federal
law, and that Corps regulatory personnel are provided with
sufficient Federal resources to carry out this authority.
This bill contains several provisions related to crediting
of work done by non-Federal sponsors. The Committee encourages
the Corps to work proactively with non-Federal sponsors to
educate them about the different crediting and reimbursement
options available. Additionally, non-Federal sponsors are
encouraged to fully understand what crediting options are
available and to ensure they are complying with all
requirements necessary to receive credit for work done. The
Committee is concerned with the number of requests for credit
from non-Federal sponsors for work performed that has not been
performed in the same way the Corps would have executed the
project.
The Committee reemphasizes the need to engage with non-
Federal project sponsors and their associated representatives
to coordinate and consult on implementation guidance. This bill
directs the Corps to adopt an open process to gather input and
initiate a dialogue with those non-Federal sponsors who have a
stake in how programs and activities are carried out. Hosting
one-way communications through Webinars and other non-
participatory forums jeopardizes the necessary modifications
and adjustments to the Corps programs and activities that are
authorized in WRDAs. The Corps should work to ensure all non-
Federal project sponsor and relevant stakeholders voices are
heard and incorporate those considerations and Congressional
intent into final implementation guidance.
The Committee would encourage the Corps and the non-Federal
sponsors to work together to utilize best and latest practices
in the area of digital monitoring technology, when designing
and building environmental infrastructure projects. Utilization
of such technology for analysis, management and implementation
of projects can result in the greatest cost effectiveness and
savings of Federal dollars in the short run and cost savings
over the long run for the grantee.
The Committee has authorized a harmful algal bloom
technology development demonstration at the Engineer Research
and Development Center. The Committee expects that the
Secretary will work with other Federal agencies who are
conducting HABs research and ensure that they are not
duplicating work being done by others. Additionally, the
Committee hopes that the research for technology can look at
technology that can be scaled to have the capability to remove
harmful algal blooms on a large scale basis.
The Committee encourages the Corps to expedite completion
of a post-authorization change report for the Everglades
Agricultural Area Reservoir component of the Central Everglades
Planning Project, Florida. The Committee recognizes the
importance of the Central Everglades Planning Project report
for environmental restoration and flood control to the
restoration of the Florida Everglades, and hopes to complete
its final review of this project for Congressional
authorization, at dollar amounts directed by the Secretary,
once a favorable report of the Chief is completed.
The Committee understands that WRDA 2000 established a
review process for the programmatic regulations initially
promulgated to guide the implementation of the Comprehensive
Everglades Restoration Plan. The Committee is concerned that a
review of these regulations has not been conducted since 2009,
and directs the Secretary to undertake such a review.
In WRDA 2016, the Committee instructed the Secretary to
provide assistance to displaced tribes along the Columbia River
as a result of the construction of the lower Columbia River
Dams. The Committee is concerned that OMB is not taking
seriously the treaty obligations to provide assistance and
would encourage the government to work towards a solution for
these tribes in an expeditious manner. As much as is possible,
if the determination is made that additional housing is
warranted, the purchase of private land shall be avoided, and
housing shall be provided using current Federal or tribal
reservation land.
Included in this legislation is authorization of the Lower
San Joaquin River flood damage reduction project and expediting
the second phase of the study to determine the feasibility of
constructing a project to protect the Cities of Lathrop,
Manteca and Stockton, and unincorporated San Joaquin County,
also known as ``Reclamation District 17'' (RD17). The Committee
is aware of discussions between the non-Federal project
sponsors and the Corps regarding the application of Executive
Order 11988 for this second phase study. As RD17 is not in the
100-year floodplain, EO 11988 should not apply, and should not
be a barrier to evaluating Federal interest in the basin. The
Committee has the expectation that priority will be provided to
analyze alternatives proposed by the non-Federal project
sponsor.
Hearings and Roundtables
On October 27, 2017, the Subcommittee on Water Resources
and Environment held a roundtable on ``America's Water
Resources Infrastructure: Concepts for the Next Water Resources
Development Act'', in Miami, Florida.
On January 18, 2018, the Subcommittee on Water Resources
and Environment held a hearing on ``America's Water Resources
Infrastructure: Approaches to Enhanced Project Delivery.''
On March 15, 2018, the Subcommittee on Water Resources and
Environment held a hearing on ``Building a 21st Century
Infrastructure for America: Water Resources Projects and
Policy.''
On April 20, 2018, the Subcommittee on Water Resources and
Environment held a roundtable on ``America's Water Resources
Infrastructure: Concepts for the Next Water Resources
Development Act, Part II'', in Coos Bay, Oregon.
Legislative History and Consideration
On May 18, 2018, House Committee on Transportation and
Infrastructure Chairman Bill Shuster (R-PA) and Ranking Member
Peter DeFazio (D-OR) with Subcommittee on Water Resources and
Environment Chairman Garret Graves (R-LA) and Ranking Member
Grace F. Napolitano (D-CA) introduced H.R. 8, the Water
Resources Development Act of 2018. The bill was referred solely
to the Committee on Transportation and Infrastructure.
On May 23, 2018, the Committee on Transportation and
Infrastructure met in open session and ordered the bill, as
amended, reported favorably to the House by voice vote with a
quorum present.
A Manager's Amendment was offered in Committee by Chairman
Shuster, which was adopted by voice vote, making several
technical and conforming changes to the bill.
An amendment (Young 138) was offered in Committee by
Congressman Don Young (R-AK) and withdrawn. The amendment would
have amended a cost share change that applied retroactively.
An amendment (Nolan 97) was offered in Committee by
Congressman Richard M. Nolan (D-MN) and defeated by a record
vote. The amendment would have created a grant program for
wastewater treatment.
An amendment (Bost 42) was offered in Committee by
Congressman Mike Bost (R-IL) and withdrawn. This amendment
would have permitted a non-Federal sponsor to pay an amount
sufficient to achieve a positive benefit cost ratio on a
rehabilitation project.
An amendment (Titus 46) was offered in Committee by
Congresswoman Dina Titus (D-NV) and defeated by voice vote. The
amendment would have amended the authorization of the Lake
Tahoe program.
An amendment (Mitchell 43) was offered in Committee by
Congressman Paul Mitchell (R-MI) and withdrawn. The amendment
would have added to the list of feasibility studies for the
Secretary to expedite.
A revised amendment (Mast 67) was offered in Committee by
Congressman Brian J. Mast (R-FL) and approved by voice vote.
The amendment authorized a harmful algal bloom technology
development demonstration at the Engineer Research and
Development Center.
An amendment (Frankel 42) was offered in Committee by
Congresswoman Lois Frankel (D-FL) and withdrawn. The amendment
would have removed a legal prohibition against use of foreign
sand.
An amendment (Bustos 45) was offered in Committee by
Congresswoman Cheri Bustos (D-IL) and approved by voice vote.
The amendment clarified that operations and maintenance
activities at Corps owned locks and dams are inherently
governmental functions.
An en bloc amendment was offered in Committee by Chairman
Shuster, and was approved by voice vote. The en bloc amendment
consisted of the following amendments:
a revised amendment (Esty 65) offered by
Congresswoman Elizabeth Esty (D-CT) to require the
Secretary to report on the use of innovative materials;
a revised amendment (Esty 68) offered by
Congresswoman Elizabeth Esty (D-CT) to require the
National Academy of Sciences to review the effects of
Corps leadership rotations;
a revised amendment (Graves 37) offered by
Congressman Sam Graves (R-MO) prevents the construction
of interception rearing complexes until the Corps
reports to Congress;
a revised amendment (Lawrence 77) offered by
Congresswoman Brenda L. Lawrence (D-MI) to require the
study of workforce capacity and technology use at the
Corps;
an amendment (Lipinski 100) offered by Congressman
Daniel Lipinski (D-IL) to require the Corps to furnish
publically available list of real-estate assets;
an amendment (Lipinski 102) offered by Congressman
Daniel Lipinski (D-IL), to direct the Corps to enter a
memorandum of understanding with the Environmental
Protection Agency for the remediation of the Bubbly
Creek ecosystem restoration project, Illinois;
a revised amendment (Mast 63) offered by Congressman
Brian J. Mast (R-FL) to allow non-Federal sponsors to
recommend their own projects to the Corps for inclusion
on a potential project deauthorization list submitted
to Congress;
a revised amendment (Mast 64) offered by Congressman
Brian J. Mast (R-FL) to direct the corps to provide
technical assistance to feasibility studies paid for by
non-Federal sponsors;
a revised amendment (Mast 66) offered by Congressman
Brian J. Mast (R-FL) to expedite the review of the Lake
Okeechobee Regulation Schedule;
a revised amendment (Nolan 99) offered by Congressman
Richard M. Nolan (D-MN) to direct the Engineer Research
and Development Center to research aquatic invasive
species and report back to Congress;
a revised amendment (Plaskett 70) offered by
Congresswoman Stacey E. Plaskett (D-VI) to allow for
the discretionary waiver of the cost share for post
disaster watershed assessments in the U.S. Territories;
an amendment (Rouzer 17) offered by Congressman David
Rouzer (R-NC) to clarify the effect of hurricane and
storm damage reduction extensions granted by the Corps;
a revised amendment (Sanford 84) offered by
Congressman Mark Sanford (R-SC) to direct a study of
the use of nature based infrastructure;
an amendment (Wilson 50) offered by Congresswoman
Frederica S. Wilson (D-FL) to clarify the issuance of
credit to non-Federal sponsors upon request;
an amendment (Young 140) offered by Congressman Don
Young (R-AK) to amend the small river and harbor
projects program;
an amendment (Young 141) offered by Congressman Don
Young (R-AK) to direct a study on the efforts to
relocate Alaska Native Villages due to flooding and
erosion threats;
and a revised amendment (Young 142) offered by
Congressman Don Young (R-AK) to direct a study on
improving the Corps waiver processes.
An amendment (Frankel 43) was offered in Committee by
Congressman Lois Frankel (D-FL) and withdrawn. The amendment
would have allowed the Corps to carry out discrete segments of
authorized projects using advanced funds.
A revised amendment (Faso 55) was offered in Committee by
Congressman John J. Faso (R-NY) and withdrawn. The amendment
would have allowed the Secretary to consider natural
infrastructure alternatives in flood risk management and storm
damage reduction studies.
A revised amendment (Plaskett 69) was offered in Committee
by Congresswoman Stacey E. Plaskett (D-VI) and withdrawn. The
amendment would have made Territories of the United States
eligible for inclusion in the tribal partnership program.
A revised amendment (Davis 73) was offered in Committee by
Congressman Rodney Davis (R-IL) and withdrawn. The amendment
would have set a cost share for the operations and maintenance
of a project authorized under the Great Lakes and Mississippi
River Interbasin Study, and required consultation with the
Governor of the State where the project is located.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. One recorded vote was taken during consideration
of H.R. 8, on the amendment offered by Congressman Richard M.
Nolan (D-MN), designated 97. The amendment was not agreed to by
a vote of 22-34. A motion to order H.R. 8, as amended, reported
favorably to the House was agreed to by voice vote with a
quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures and Congressional Budget
Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. The Chairman of the Committee shall cause such
estimate and statement to be printed in the Congressional
Record upon its receipt by the Committee.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
authorize the key missions of the Corps, including developing,
maintaining, and supporting the Nation's economically vital
waterway infrastructure and supporting effective and targeted
flood protection and environmental restoration needs.
Additionally, H.R. 8 is intended to accelerate the project
delivery process, promote fiscal responsibility, and strengthen
our water transportation networks to promote competiveness,
prosperity, and economic growth. Finally, WRDA will increase
transparency, accountability, and Congressional oversight in
reviewing and prioritizing future water resources development
activities.
Advisory of Earmarks
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill includes an earmark, limited tax benefit,
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of
rule XXI.
Duplication of Federal Programs
Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015),
the Committee finds that no provision of H.R. 8, as amended,
establishes or reauthorizes a program of the Federal government
known to be duplicative of another Federal program, a program
that was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.
Disclosure of Directed Rulemakings
Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015),
the Committee estimates that enacting H.R. 8, as amended, does
not specifically direct the completion of any specific rule
makings within the meaning of section 551 of title 5, United
States Code.
Federal Mandates Statement
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act (Public Law 104-4) was not made
available to the Committee in time for the filing of this
report. The Chairman of the Committee shall cause such estimate
to be printed in the Congressional Record upon its receipt by
the Committee.
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 8, as reported,
does not preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of Legislation
Sec. 1. Short title
Sec. 2. Definition of Secretary
TITLE I--GENERAL PROVISIONS
Section 101. Sense of Congress regarding Water Resources Development
Bills
This Sense of Congress emphasizes the unique missions of
the Corps and re-affirms that Water Resources Development Acts
should be considered by Congress every two years.
Section 102. Use of Harbor Maintenance Trust Fund to support navigation
This section allows the Corps to use the funds available in
the Harbor Maintenance Trust Fund (HMTF) to carry out eligible
operations and maintenance costs assigned to commercial
navigation of harbors and inland harbors within the United
States, beginning in fiscal year 2029.
Section 103. Assessment of harbors and inland harbors
This section directs the Corps to include opportunities for
the potential beneficial use of dredged materials in its
assessment of the operation and maintenance needs at the
Nation's harbors and inland harbors.
Section 104. Levee Safety Initiative reauthorization
This section reauthorizes programs within National Levee
Safety Initiative through fiscal year 2023 to continue
promoting improved levee safety practices at the local, state,
and Federal levels.
Section 105. Dam safety
This section reauthorizes programs within the National Dam
Safety Program Act through fiscal year 2023 to continue the
Corps' role in reducing the risks to life and property from dam
failure in the United States.
Section 106. Rehabilitation of Corps of Engineers constructed dams
This section amends a program for the Corps to carry out
projects for the rehabilitation of high hazard potential dams
constructed before 1940.
Section 107. Forecast-informed reservoir operations
This section directs the Corps to report to Congress on the
use of forecast-informed reservoir operations at the Lake
Mendocino project in California and the viability of using
forecast-informed reservoir operations at other dams owned and
operated by the Corps.
Section 108. Identification of nonpowered dams for hydropower
development
This section directs the Corps to create a list of existing
nonpowered dams, which are owned and operated by the Corps,
that have the greatest potential for non-Federal hydropower
development.
Section 109. Emergency response to natural disasters
This section clarifies that hurricane and storm damage risk
reduction projects damaged or destroyed by natural disasters,
shall be rebuilt to either pre-storm levels or its design level
of protection, whichever is greater.
Section 110. Integrated water resources planning
This section directs the Corps to work with communities
covered by a proposed water resources development project to
coordinate the feasibility study with any existing local or
regional water management plan.
Section 111. Mitigation banks
This section directs the Corps to develop guidance on
mitigation bank credit releases to maximize opportunities for
mitigation and increase transparency in the use of mitigation
banks.
Section 112. Indian tribes
This section provides a more comprehensive definition of
federally recognized Indian tribes that may work in partnership
with the Corps on water resources development projects.
Section 113. Columbia River
This section clarifies the Corps' obligations to provide
assistance to Indian tribes displaced as a result of the
construction of the Bonneville, John Day, and Dalles dams, in
Oregon and Washington.
Section 114. Dissemination of information
This section directs the Corps to develop and support
education and awareness efforts to ensure that potential non-
Federal interests and locally elected officials are informed of
the annual Report to Congress on Future Water Resources
Development process established under Section 7001 of the Water
Resources Reform and Development Act of 2014.
Section 115. Non-Federal engagement and review
This section directs the Corps to engage with non-Federal
stakeholders when finalizing implementation guidance for water
resources development laws.
Section 116. Comprehensive backlog report
This section directs the Corps to furnish a report to
Congress on a complete list of projects, and separable elements
of projects, that are authorized for construction but not
completed. Additionally, the Corps shall submit a report to
Congress on all deferred operation and maintenance needs at
projects and properties under their control.
Section 117. Structures and facilities constructed by Secretary
This section clarifies that the scope of reviews for
permissions under section 14 of the Act of March 3, 1899
(commonly referred to as section 408) shall not include
unimproved real estate of the Corps, provided that a
modification of the real estate does not affect the function or
usefulness of the project.
Section 118. Transparency in administrative expenses
This section directs the Corps to contract with the
National Academy of Public Administration to study the
efficiency of the Corps' current staff salaries and
administrative expense procedures, within one year of
enactment.
Section 119. Study of the future of the United States Army Corps of
Engineers
This section directs the Corps to contract with the
National Academy of Sciences to evaluate and provide
recommendations to Congress on the efficacy of the current
organizational structure of the civil works functions of the
Corps and identify potential impediments to efficient project
delivery.
Section 120. Acknowledgement of credit
This section clarifies that certain projects carried out by
non-Federal interests pursuant to section 7007 of WRDA 2007 are
eligible for credit.
Section 121. Non-Federal implementation pilot program
This section reauthorizes a pilot program that allows the
Corps to provide a non-Federal interest full project management
control over a water resources development project.
Section 122. Study of Water Resources Development Projects by non-
Federal Interests
This section expedites projects by directing the Corps to
furnish section 203 reviews to Congress upon completion,
instead of after Administration review. Additionally, this
section allows the Secretary of the Army-Civil Works to accept
and expend funds provided by a non-Federal interest to conduct
activities that are inherently governmental functions.
Currently, when carrying out a study under section 203
authority, the Assistant Secretary of the Army may not have the
opportunity to review or participate in a proposed study until
late in the process.
Section 123. Construction of water resources development projects by
non-Federal interests
This section accelerates project delivery by allowing
credit or reimbursement for certain segments of water resources
development projects. Additionally, this section amends section
204 of WRDA 1986 to allow a non-Federal interest to advance
projects more expeditiously through the use of a written
agreement with the Corps. The Committee intends that any action
taken by the non-Federal interest shall be carried out pursuant
to all applicable requirements existing in law.
Section 124. Advanced funds for water resources development studies and
projects
This section helps move projects into construction by
expanding the Corps' authority to accept advanced funds from
non-Federal interests for water resources development projects.
Subsection (b) provides that the use of any statutory provision
that allows a non-Federal interest to provide, advance, or
contribute funds to the Secretary for the development or
implementation of a water resources development project does
not adversely affect the timeline or budgeting processes for
other projects that do not use such authorities. Accordingly,
the Corps should treat projects that proceed through regular
appropriations and statutory cost-share the same as projects
that may utilize advanced or contributed funds.
Section 125. Funding to process permits
This section amends Section 214 of the Water Resources
Development Act of 2000 to extend through 2026 the authority
for public-utility companies, natural gas companies, or
railroad carriers to contribute funds to the Corps to expedite
the evaluation of a permit, under the jurisdiction of the
Department of the Army, related to a project or activity for
public purpose.
Section 126. Study on economic and budgetary analyses
This section directs the Corps to contract with the
National Academy of Sciences to review and make recommendations
on improving the Corps' economic principles and analytical
methodologies when evaluating the budgeting for water resources
development projects.
Section 127. Study of corrosion management at Corps of Engineers
projects
This section directs the Comptroller General to study the
corrosion management efforts at projects and properties under
the control of the Corps.
Section 128. Costs in excess of Federal participation limit
This section clarifies that a non-Federal interest shall be
responsible for all costs above the Federal participation limit
for projects relating to emergency streambank and shoreline
protection.
Section 129. Report on innovative materials
This section directs the Corps to report to Congress on
activities relating to the use of innovative materials in water
resources development projects.
Section 130. Study on Corps of engineers
This section directs the Comptroller General to study the
capacity and preparedness of the Corps workforce, and the
technologies used by the Corps to accomplish its missions and
responsibilities.
Section 131. GAO study
This section directs the Comptroller General to study the
Corps' use of natural features and nature-based features in the
study of feasibility projects for flood risk management,
hurricane and storm damage reduction, and ecosystem
restoration.
Section 132. GAO reports on Alaska Native village relocation efforts
due to flooding and erosion threats.
This section directs the Comptroller to study and update
previous reports related to efforts to relocate Alaska Native
villages due to flooding and erosion threats.
Section 133. Study and report on expediting certain waiver processes
This section directs the Corps to furnish a report to
Congress on how to improve and implement the waiver process for
non-Federal cost shares for certain storm damage prevention and
reduction projects.
Section 134. Corps of Engineers continuing authorities program
This section increases the authorization for small
continuing authority projects associated with navigation
improvements.
Section 135. Credit in lieu of reimbursement
This section clarifies that the Secretary may provide a
non-Federal interest of an authorized coastal navigation
project credit in lieu of reimbursement owed to the non-Federal
interest for work carried out prior to the date of enactment.
Section 136. Lake Okeechobee regulation schedule
This section directs the Corps to expedite the review of
the Lake Okeechobee regulation schedule to coincide with the
completion of the Herbert Hoover Dike project and to consider
relevant aspects of the Comprehensive Everglades Restoration
Plan.
Section 137. Missouri river
This section prevents the Secretary from constructing any
additional interception-rearing complexes on the Missouri River
until the Corps submits a report to Congress regarding its
impacts on navigation, flood control, and other authorized
purposes set forth in the Missouri River Master Manual.
Section 138. Access to real data
This section directs the Corps to create a publically
available centralized database of Corps real estate assets.
Section 139. Aquatic invasive species research
This section directs the Engineer Research and Development
Center to undertake research on the management and eradication
of aquatic invasive species and report to Congress with
recommendations to address the spread and impacts of aquatic
invasive species.
Section 140. Harmful algal bloom technology demonstration
This section authorizes a multi-year technology
demonstration for the Engineer Research and Development Center
to develop solutions to reduce the occurrence of harmful algal
blooms.
Section 141. Bubbly Creek, Chicago ecosystem restoration
This section directs the Corps to enter into a memorandum
of understanding with the Environmental Protection Agency to
facilitate ecosystem restoration activities at the Bubbly Creek
project, Illinois.
Section 142. Operation and maintenance of navigation and hydroelectric
facilities
This section clarifies that operations and maintenance
activities at Corps navigation facilities are inherently
governmental functions.
Section 143. Hurricane and storm damage risk reduction
This section clarifies that extended periods of nourishment
shall begin on the date of construction of the congressionally
authorized nourishment.
Section 144. Post-disaster watershed assessments
This section clarifies that post-disaster watershed
assessments, carried out pursuant to Section 3024 of WRRA 2014,
shall be conducted at full Federal expense unless the President
determines that the territory has the ability to pay the cost
share for an assessment without the use of non-Federal funds or
loans.
TITLE II--STUDIES
Section 201. Authorization of proposed feasibility studies
This section authorizes the Corps to conduct feasibility
studies for 10 projects for water resources development and
conservation and other purposes. These feasibility studies were
submitted in a Report to Congress on Future Water Resources
Development pursuant to Section 7001 of the Water Resources
Reform and Development Act of 2014, or were otherwise reviewed
by Congress. Each of the projects has as its primary purpose,
one of the following: navigation, hurricane and storm damage
reduction, flood damage reduction, or ecosystem restoration.
Section 202. Additional studies
This section directs the Corps to conduct a study along the
Lower Mississippi River Basin and modify a study along the St.
Louis Riverfront. These studies were submitted in a Report to
Congress on Future Water Resources Development pursuant to
Section 7001 of the Water Resources Reform and Development Act
of 2014, or were otherwise reviewed by Congress.
Section 203. Expedited completion of reports for certain projects
This section directs the Corps to expedite the completion
of 20 feasibility studies currently underway. Upon completion
of the study, if the Corps determines that the project is
justified, the Corps may proceed directly to preconstruction
planning, engineering, and design. This section also directs
the Corps to expedite the completion of post-authorization
change reports for four projects that are currently underway.
Additionally, this section directs the Secretary to report to
Congress on the feasibility of certain modifications in
carrying out the disposition of the Upper St. Anthony Falls
Lock and Dam.
TITLE III--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS
Section 301. Deauthorization of inactive projects
This section establishes a process that will lead to the
deauthorization of $3 billion in previously authorized, yet
inactive, Corps projects. This section requires the Corps to
submit a list of inactive projects to Congress that were
authorized for construction prior to November 8, 2007, have not
begun planning, design, or construction, or, if projects have
begun planning, design, or construction, they have not received
any funds, Federal or non-Federal, in the past six years. After
a 180-day period of congressional review, the projects on the
list are automatically deauthorized.
Section 302. Backlog prevention
This section terminates the authorization for any project
or separable element of a project authorized for construction
by this Act after 10 years unless construction has been
initiated, a post-authorization study has been issued, or the
authorization has been modified by an Act of Congress.
Additionally, this section amends the backlog prevention
provision in Section 6003 of WRRDA 2014 to align with this
section.
Section 303. Project modifications
This section modifies the Harbor/South Bay, California and
the Lakes Marion and Moultrie, South Carolina projects in
accordance with the Report to Congress on Future Water
Resources Development pursuant to Section 7001 of the Water
Resources Reform and Development Act of 2014, or otherwise
reviewed by Congress.
Section 304. Milwaukee Harbor, Milwaukee, Wisconsin
This section deauthorizes a portion of the project for
navigation in Milwaukee Harbor, Milwaukee, Wisconsin.
Section 305. Bridgeport Harbor, Connecticut
This section deauthorizes a portion of the project for
navigation in Bridgeport Harbor, Connecticut.
Section 306. Conveyances
This section authorizes the Corps to convey real property
owned by the Federal government in Nashville, Tennessee and
Cheatham County, Tennessee.
Section 307. Clatsop County, Oregon
This section deauthorizes a portion of the project for
raising and improving existing levees in Clatsop County,
Oregon.
Section 308. Kissimmee River restoration, Central and Southern Florida
This section authorizes the Corps to credit work performed
by a non-Federal interest in support of the Central and
Southern Florida, Kissimmee River Restoration project.
Section 309. Lytle and Cajon Creeks, California
This section deauthorizes a portion of the channel
improvement project in Lytle and Cajon Creeks, California.
Section 310. Yuba River Basin, California
This section authorizes a non-federal interest to construct
new levees in cooperating with the Secretary and at full non-
Federal expense in the Yuba River Basin, California.
TITLE IV--WATER RESOURCES INFRASTRUCTURE
Section 401. Project authorizations
This section authorizes seven water resources projects that
have completed technical review by the Corps and are
recommended by the Chief of Engineers. The projects are
authorized to be carried out in accordance with the plan, and
subject to the conditions, described in the Chief's Reports.
Each of the projects has as its primary purpose, one of the
following: navigation, flood risk management, hurricane and
storm damage risk reduction, or ecosystem restoration. This
section also authorizes two project modifications for
previously authorized projects.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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, and existing law in which no
change is proposed is shown in roman):
WATER RESOURCES DEVELOPMENT ACT OF 1986
* * * * * * *
TITLE II--HARBOR DEVELOPMENT
* * * * * * *
SEC. 203. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL
INTERESTS.
(a) Submission to Secretary.--
(1) In general.--A non-Federal interest may undertake
a federally authorized feasibility study of a proposed
water resources development project and submit the
study to the Secretary.
(2) Guidelines.--To assist non-Federal interests, the
Secretary, as soon as practicable, shall issue
guidelines for feasibility studies of water resources
development projects to provide sufficient information
for the formulation of the studies.
(b) Review by Secretary.--The Secretary shall review each
feasibility study received under subsection (a)(1) for the
purpose of determining whether or not the study, and the
process under which the study was developed, each comply with
Federal laws and regulations applicable to feasibility studies
of water resources development projects.
[(c) Submission to Congress.--Not later than 180 days after
the date of receipt of a feasibility study of a project under
subsection (a)(1), the Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report that describes--
[(1) the results of the Secretary's review of the
study under subsection (b), including a determination
of whether the project is feasible;
[(2) any recommendations the Secretary may have
concerning the plan or design of the project; and
[(3) any conditions the Secretary may require for
construction of the project.]
(c) Submission to Congress.--
(1) Review and submission of studies to congress.--
Not later than 180 days after the date of receipt of a
feasibility study of a project under subsection (a)(1),
the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a report that describes--
(A) the results of the Secretary's review of
the study under subsection (b), including a
determination of whether the project is
feasible;
(B) any recommendations the Secretary may
have concerning the plan or design of the
project; and
(C) any conditions the Secretary may require
for construction of the project.
(2) Limitation.--The completion of the review by the
Secretary of a feasibility study that has been
submitted under subsection (a)(1) may not be delayed as
a result of consideration being given to changes in
policy or priority with respect to project
consideration.
(d) Credit.--If a project for which a feasibility study has
been submitted under subsection (a)(1) is authorized by a
Federal law enacted after the date of the submission to
Congress under subsection (c), the Secretary shall credit
toward the non-Federal share of the cost of construction of the
project an amount equal to the portion of the cost of
developing the study that would have been the responsibility of
the United States if the study had been developed by the
Secretary.
[(e) Technical Assistance.--At the request of a non-Federal
interest, the Secretary may 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.]
(e) Review and Technical Assistance.--
(1) Review.--The Secretary may accept and expend
funds provided by non-Federal interests to undertake
reviews, inspections, certifications, and other
activities that are the responsibility of the Secretary
in carrying out this section.
(2) Technical assistance.--At 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.
(3) Limitation.--Funds provided by non-Federal
interests under this subsection shall not be eligible
for credit under subsection (d) or reimbursement.
(4) Impartial decisionmaking.--In carrying out this
section, the Secretary shall ensure that the use of
funds accepted from a non-Federal interest will not
affect the impartial decisionmaking of the Secretary,
either substantively or procedurally.
SEC. 204. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-
FEDERAL INTERESTS.
(a) Water Resources Development Project Defined.--In this
section, the term ``water resources development project'' means
a project recommendation that results from--
(1) a feasibility report, as such term is defined in
section 7001(f) of the Water Resources Reform and
Development Act of 2014;
(2) a completed feasibility study developed under
section 203; or
(3) a final feasibility study for water resources
development and conservation and other purposes that is
specifically authorized by Congress to be carried out
by the Secretary.
(b) Authority.--
(1) In general.--A non-Federal interest may carry out
a federally authorized water resources development
project, or separable element thereof--
(A) in accordance with a plan approved by the
Secretary for the project or separable element;
and
(B) subject to any conditions that the
Secretary may require, including any conditions
specified under section 203(c)(3).
(2) Conditions.--Before carrying out a water
resources development project, or separable element
thereof, under this section, a non-Federal interest
shall--
(A) obtain any permit or approval required in
connection with the project or separable
element under Federal or State law, except as
provided in paragraph (3); and
(B) ensure that a final environmental impact
statement or environmental assessment, as
appropriate, for the project or separable
element has been filed.
(3) Permit exception.--
(A) In general.--For a project described in
subsection (a)(1) or subsection (a)(3), or a
separable element thereof, with respect to
which a written agreement described in
subparagraph (B) has been entered into, a non-
Federal interest that carries out a project
under this section shall not be required to
obtain any Federal permits or approvals that
would not be required if the Secretary carried
out the project or separable element unless
significant new circumstances or information
relevant to environmental concerns or
compliance have arisen since development of the
project recommendation.
(B) Written agreement.--For purposes of this
paragraph, a written agreement shall provide
that the non-Federal interest shall comply with
the same legal and technical requirements that
would apply if the project or separable element
were carried out by the Secretary, including
all mitigation required to offset environmental
impacts of the project or separable element as
determined by the Secretary.
(C) Certifications.--Notwithstanding
subparagraph (A), if a non-Federal interest
carrying out a project under this section
would, in the absence of a written agreement
entered into under this paragraph, be required
to obtain a certification from a State under
Federal law to carry out the project, such
certification shall still be required if a
written agreement is entered into with respect
to the project under this paragraph.
(c) Studies and Engineering.--When requested by an
appropriate non-Federal interest, the Secretary may undertake
all necessary studies and engineering for any construction to
be undertaken under subsection (b), and provide technical
assistance in obtaining all necessary permits for the
construction, if the non-Federal interest contracts with the
Secretary to furnish the United States funds for the studies,
engineering, or technical assistance in the period during which
the studies and engineering are being conducted.
(d) Credit or Reimbursement.--
(1) General rule.--Subject to paragraph (3), a
project or separable element of a project carried out
by a non-Federal interest under this section shall be
eligible for credit or reimbursement for the Federal
share of work carried out on a project or separable
element of a project if--
(A) before initiation of construction of the
project or separable element--
(i) the Secretary approves the plans
for construction of the project or
separable element of the project by the
non-Federal interest;
(ii) the Secretary determines, before
approval of the plans, that the project
or separable element of the project is
feasible; and
(iii) the non-Federal interest enters
into a written agreement with the
Secretary under section 221 of the
Flood Control Act of 1970 (42 U.S.C.
1962d-5b), including an agreement to
pay the non-Federal share, if any, of
the cost of operation and maintenance
of the project; and
(B) the Secretary determines that all Federal
laws and regulations applicable to the
construction of a water resources development
project, and any conditions identified under
subsection (b)(1)(B), were complied with by the
non-Federal interest during construction of the
project or separable element of the project.
(2) Application of credit.--The Secretary may apply
credit toward--
(A) the non-Federal share of authorized
separable elements of the same project; or
(B) subject to the requirements of this
section and section 1020 of the Water Resources
Reform and Development Act of 2014, at the
request of the non-Federal interest, the non-
Federal share of a different water resources
development project.
(3) Requirements.--The Secretary may only apply
credit or provide reimbursement under paragraph (1)
if--
(A) Congress has authorized construction of
the project or separable element of the
project[; and];
(B) the Secretary certifies that the project
has been constructed in accordance with--
(i) all applicable permits or
approvals; and
(ii) this section[.]; and
(C) in the case of reimbursement,
appropriations are provided by Congress for
such purpose.
(4) Monitoring.--The Secretary shall regularly
monitor and audit any water resources development
project, or separable element of a water resources
development project, constructed by a non-Federal
interest under this section to ensure that--
(A) the construction is carried out in
compliance with the requirements of this
section; and
(B) the costs of the construction are
reasonable.
(5) Discrete segments.--
(A) In general.--The Secretary may authorize
credit or reimbursement under this subsection
[for a discrete segment of a] for carrying out
a discrete segment of a federally authorized
[flood damage reduction] water resources
development project, or separable element
thereof, before final completion of the project
or separable element if--
(i) except as provided in clause
(ii), the Secretary determines that the
discrete segment satisfies the
requirements of paragraphs (1) through
(4) in the same manner as the project
or separable element; and
(ii) notwithstanding paragraph
(1)(A)(ii), the Secretary determines,
before the approval of the plans under
paragraph (1)(A)(i), that the discrete
segment is technically feasible and
environmentally acceptable.
(B) Determination.--Credit or reimbursement
may not be made available to a non-Federal
interest pursuant to this paragraph until the
Secretary determines that--
(i) the construction of the discrete
segment for which credit or
reimbursement is requested is complete;
and
(ii) the construction is consistent
with the authorization of the
applicable [flood damage reduction]
water resources development project, or
separable element thereof, and the
plans approved under paragraph
(1)(A)(i).
(C) Written agreement.--
(i) In general.--As part of the
written agreement required under
paragraph (1)(A)(iii), a non-Federal
interest to be eligible for credit or
reimbursement under this paragraph
shall--
(I) identify any discrete
segment that the non-Federal
interest may carry out; and
(II) agree to the completion
of the [flood damage reduction]
water resources development
project, or separable element
thereof, with respect to which
the discrete segment is a part
and establish a timeframe for
such completion.
(ii) Remittance.--If a non-Federal
interest fails to complete a [flood
damage reduction] water resources
development project, or separable
element thereof, that it agreed to
complete under clause (i)(II), the non-
Federal interest shall remit any
reimbursements received under this
paragraph for a discrete segment of
such project or separable element.
(D) Discrete segment defined.--In this
paragraph, the term ``discrete segment'' means
a physical portion of a [flood damage
reduction] water resources development project
to be carried out, or separable element
thereof--
(i) described by a non-Federal
interest in a written agreement
required under paragraph (1)(A)(iii);
and
(ii) that the non-Federal interest
can operate and maintain, independently
and without creating a hazard, in
advance of final completion of the
[flood damage reduction] water
resources development project, or
separable element thereof.
(e) Notification of Committees.--If a non-Federal interest
notifies the Secretary that the non-Federal interest intends to
carry out a project, or separable element thereof, under this
section, the Secretary shall provide written notice to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives concerning the intent of the non-Federal
interest.
(f) Operation and Maintenance.--Whenever a non-Federal
interest carries out improvements to a federally authorized
harbor or inland harbor, the Secretary shall be responsible for
operation and maintenance in accordance with section 101(b)
if--
(1) before construction of the improvements--
(A) the Secretary determines that the
improvements are feasible and consistent with
the purposes of this title; and
(B) the Secretary and the non-Federal
interest execute a written agreement relating
to operation and maintenance of the
improvements;
(2) the Secretary certifies that the project or
separable element of the project is constructed in
accordance with applicable permits and appropriate
engineering and design standards; and
(3) the Secretary does not find that the project or
separable element is no longer feasible.
* * * * * * *
SEC. 210. [AUTHORIZATION OF APPROPRIATIONS] FUNDING FOR HARBOR
NAVIGATION.
(a) Trust Fund.--There are authorized to be appropriated out
of the Harbor Maintenance Trust Fund, established by section
9505 of the Internal Revenue Code of 1954, for each fiscal year
such sums as may be necessary to pay--
(1) 100 percent of the eligible operations and
maintenance costs of those portions of the Saint
Lawrence Seaway operated and maintained by the Saint
Lawrence Seaway Development Corporation for such fiscal
year; and
(2) up to 100 percent of the eligible operations and
maintenance costs assigned to commercial navigation of
all harbors and inland harbors within the United
States.
(b) General Fund.--There are authorized to be appropriated
out of the general fund of the Treasury of the United States
for each fiscal year such sums as may be necessary to pay the
balance of all eligible operations and maintenance costs not
provided by payments from the Harbor Maintenance Trust Fund
under this section.
(c) Use of Collected Funds in Fiscal Year 2029 and
Thereafter.--
(1) Use of funds.--In addition to amounts
appropriated under subsections (a) and (b), there shall
be available to the Secretary, out of the Harbor
Maintenance Trust Fund, without further appropriation,
for fiscal year 2029 and each fiscal year thereafter,
such sums as may be necessary to carry out the purposes
of subsection (a)(2).
(2) Availability of amounts.--Amounts made available
under this subsection shall remain available until
expended.
[(c)] (d) Operation and Maintenance of Harbor Projects.--
(1) In general.--To the maximum extent practicable,
the Secretary shall make expenditures to pay for
operation and maintenance costs of the harbors and
inland harbors referred to in subsection (a)(2),
including expenditures of funds appropriated from the
Harbor Maintenance Trust Fund, based on an equitable
allocation of funds among all such harbors and inland
harbors.
(2) Criteria.--
(A) In general.--In determining an equitable
allocation of funds under paragraph (1), the
Secretary shall--
(i) consider the information obtained
in the assessment conducted under
[subsection (e)] subsection (f);
(ii) consider the national and
regional significance of harbor
operations and maintenance; and
(iii) as appropriate, consider
national security and military
readiness needs.
(B) Limitation.--The Secretary shall not
allocate funds under paragraph (1) based solely
on the tonnage transiting through a harbor.
(3) Emerging harbor projects.--Notwithstanding any
other provision of this subsection, in making
expenditures under paragraph (1) for each fiscal year,
the Secretary shall allocate for operation and
maintenance costs of emerging harbor projects an amount
that is not less than 10 percent of the funds made
available under this section for fiscal year 2012 to
pay the costs described in subsection (a)(2).
(4) Management of great lakes navigation system.--To
sustain effective and efficient operation and
maintenance of the Great Lakes Navigation System,
including any navigation feature in the Great Lakes
that is a Federal responsibility with respect to
operation and maintenance, the Secretary shall manage
all of the individually authorized projects in the
Great Lakes Navigation System as components of a
single, comprehensive system, recognizing the
interdependence of the projects.
[(d)] (e) Prioritization.--
(1) Priority.--
(A) In general.--For each fiscal year, if
priority funds are available, the Secretary
shall use at least 10 percent of such funds for
emerging harbor projects.
(B) Additional considerations.--For each
fiscal year, of the priority funds available,
the Secretary shall use--
(i) not less than 5 percent of such
funds for underserved harbor projects;
and
(ii) not less than 10 percent of such
funds for projects that are located
within the Great Lakes Navigation
System.
(C) Underserved harbors.--In determining
which underserved harbor projects shall receive
funds under this paragraph, the Secretary shall
consider--
(i) the total quantity of commerce
supported by the water body on which
the project is located; and
(ii) the minimum width and depth
that--
(I) would be necessary at the
underserved harbor project to
provide sufficient clearance
for fully loaded commercial
vessels using the underserved
harbor project to maneuver
safely; and
(II) does not exceed the
constructed width and depth of
the authorized navigation
project.
(2) Expanded uses.--
(A) Definition of eligible harbor or inland
harbor defined.--In this paragraph, the term
``eligible harbor or inland harbor'' means a
harbor or inland harbor at which the total
amount of harbor maintenance taxes collected in
the immediately preceding 3 fiscal years
exceeds the value of the work carried out for
the harbor or inland harbor using amounts from
the Harbor Maintenance Trust Fund during those
3 fiscal years.
(B) Use of expanded uses funds.--
(i) Fiscal years 2015 through 2024.--
For each of fiscal years 2015 through
2024, of the priority funds available,
the Secretary shall use not less than
10 percent of such funds for expanded
uses carried out at an eligible harbor
or inland harbor.
(ii) Subsequent fiscal years.--For
fiscal year 2025 and each fiscal year
thereafter, the Secretary shall use not
less than 10 percent of the priority
funds available for expanded uses
carried out at an eligible harbor or
inland harbor.
(C) Prioritization.--In allocating funds
under this paragraph, the Secretary shall give
priority to projects at eligible harbors or
inland harbors for which the difference,
calculated in dollars, is greatest between--
(i) the total amount of funding made
available for projects at that eligible
harbor or inland harbor from the Harbor
Maintenance Trust Fund in the
immediately preceding 3 fiscal years;
and
(ii) the total amount of harbor
maintenance taxes collected at that
harbor or inland harbor in the
immediately preceding 3 fiscal years.
(3) Remaining funds.--
(A) In general.--For each of fiscal years
2015 through 2024, if after fully funding all
projects eligible for funding under paragraphs
(1)(B) and (2)(B)(i), priority funds made
available under those paragraphs remain
unobligated, the Secretary shall use those
remaining funds to pay for operation and
maintenance costs of any harbor or inland
harbor referred to in subsection (a)(2) based
on an equitable allocation of those funds among
the harbors and inland harbors.
(B) Criteria.--In determining an equitable
allocation of funds under subparagraph (A), the
Secretary shall--
(i) use the criteria specified in
[subsection (c)(2)(A)] subsection
(d)(2)(A); and
(ii) make amounts available in
accordance with the requirements of
paragraph (1)(A).
(4) Emergency expenditures.--Nothing in this
subsection prohibits the Secretary from making an
expenditure to pay for the operation and maintenance
costs of a specific harbor or inland harbor, including
the transfer of funding from the operation and
maintenance of a separate project, if--
(A) the Secretary determines that the action
is necessary to address the navigation needs of
a harbor or inland harbor where safe navigation
has been severely restricted due to an
unforeseen event; and
(B) the Secretary provides within 90 days of
the action notice and information on the need
for the action to the Committee on Environment
and Public Works and the Committee on
Appropriations of the Senate and the Committee
on Transportation and Infrastructure and the
Committee on Appropriations of the House of
Representatives.
[(e)] (f) Assessment of Harbors and Inland Harbors.--
(1) In general.--Not later than 270 days after the
date of enactment of this subsection, and biennially
thereafter, the Secretary [shall assess the] shall
assess, and issue a report to Congress on, the
operation and maintenance needs and uses of the harbors
and inland harbors referred to in subsection (a)(2).
(2) Assessment of harbor needs and activities.--
(A) Total operation and maintenance needs of
harbors.--In carrying out paragraph (1), the
Secretary shall identify--
(i) the total future costs required
to achieve and maintain the constructed
width and depth for the harbors and
inland harbors referred to in
subsection (a)(2); and
(ii) the total expected costs for
expanded uses at eligible harbors or
inland harbors referred to in
[subsection (d)(2)] subsection (e)(2).
(B) Uses of harbors and inland harbors.--In
carrying out paragraph (1), the Secretary shall
identify current uses (and, to the extent
practicable, assess the national, regional, and
local benefits of such uses) of harbors and
inland harbors referred to in subsection
(a)(2), including the use of those harbors
for--
(i) commercial navigation, including
the movement of goods;
(ii) domestic trade;
(iii) international trade;
(iv) commercial fishing;
(v) subsistence, including use by
Indian tribes (as defined in section 4
of the Indian Self-Determination and
Education Assistance Act (25 U.S.C.
450b)) for subsistence and ceremonial
purposes;
(vi) use as a harbor of refuge;
(vii) transportation of persons;
(viii) purposes relating to domestic
energy production, including the
fabrication, servicing, or supply of
domestic offshore energy production
facilities;
(ix) activities of the Secretary of
the department in which the Coast Guard
is operating;
(x) activities of the Secretary of
the Navy;
(xi) public health and safety related
equipment for responding to coastal and
inland emergencies;
(xii) recreation purposes; and
(xiii) other authorized purposes.
(C) Opportunities for beneficial use of
dredged materials.--In carrying out paragraph
(1), the Secretary shall identify potential
opportunities for the beneficial use of dredged
materials obtained from harbors and inland
harbors referred to in subsection (a)(2),
including projects eligible under section 1122
of the Water Resources Development Act of 2016
(130 Stat. 1645; 33 U.S.C. 2326 note).
(3) Report to congress.--
(A) In general.--For fiscal year 2016, and
biennially thereafter, in conjunction with the
President's annual budget submission to
Congress under section 1105(a) of title 31,
United States Code, the Secretary shall submit
to the Committee on Environment and Public
Works and the Committee on Appropriations of
the Senate and the Committee on Transportation
and Infrastructure and the Committee on
Appropriations of the House of Representatives
a report that, with respect to harbors and
inland harbors referred to in subsection
(a)(2)--
(i) identifies the operation and
maintenance costs associated with the
harbors and inland harbors, including
those costs required to achieve and
maintain the constructed width and
depth for the harbors and inland
harbors and the costs for expanded uses
at eligible harbors and inland harbors,
on a project-by-project basis;
(ii) identifies the amount of funding
requested in the President's budget for
the operation and maintenance costs
associated with the harbors and inland
harbors, on a project-by-project basis;
(iii) identifies the unmet operation
and maintenance needs associated with
the harbors and inland harbors, on a
project-by-project basis; and
(iv) identifies the harbors and
inland harbors for which the President
will allocate funding over the
subsequent 5 fiscal years for operation
and maintenance activities, on a
project-by-project basis, including the
amounts to be allocated for such
purposes.
(B) Additional requirement.--In the first
report submitted under subparagraph (A)
following the date of enactment of the Water
Resources Development Act of 2016, the
Secretary shall identify, to the maximum extent
practicable, transportation cost savings
realized by achieving and maintaining the
constructed width and depth for the harbors and
inland harbors referred to in subsection
(a)(2), on a project-by-project basis.
(C) Public availability.--The Secretary shall
make the report submitted under subparagraph
(A) available to the public, including on the
Internet.
[(f)] (g) Definitions.--In this section:
(1) Constructed width and depth.--The term
``constructed width and depth'' means the width and
depth to which a project has been constructed, which
may not exceed the authorized width and depth of the
project.
(2) Emerging harbor project.--The term ``emerging
harbor project'' means a project that is assigned to a
harbor or inland harbor referred to in subsection
(a)(2) that transits less than 1,000,000 tons of cargo
annually.
(3) Expanded uses.--The term ``expanded uses'' means
the following activities:
(A) The maintenance dredging of a berth in a
harbor that is accessible to a Federal
navigation project and that benefits commercial
navigation at the harbor.
(B) The maintenance dredging and disposal of
legacy-contaminated sediment, and sediment
unsuitable for open water disposal, if--
(i) such dredging and disposal
benefits commercial navigation at the
harbor; and
(ii) such sediment is located in and
affects the maintenance of a Federal
navigation project or is located in a
berth that is accessible to a Federal
navigation project.
(4) Great lakes navigation system.--The term ``Great
Lakes Navigation System'' includes--
(A)(i) Lake Superior;
(ii) Lake Huron;
(iii) Lake Michigan;
(iv) Lake Erie; and
(v) Lake Ontario;
(B) all connecting waters between the lakes
referred to in subparagraph (A) used for
commercial navigation;
(C) any navigation features in the lakes
referred to in subparagraph (A) or waters
described in subparagraph (B) that are a
Federal operation or maintenance
responsibility; and
(D) areas of the Saint Lawrence River that
are operated or maintained by the Federal
Government for commercial navigation.
(5) Harbor maintenance tax.--The term ``harbor
maintenance tax'' means the amounts collected under
section 4461 of the Internal Revenue Code of 1986.
(6) High-use harbor project.--The term ``high-use
harbor project'' means a project that is assigned to a
harbor or inland harbor referred to in subsection
(a)(2) that transits not less than 10,000,000 tons of
cargo annually.
(7) Moderate-use harbor project.--The term
``moderate-use harbor project'' means a project that is
assigned to a harbor or inland harbor referred to in
subsection (a)(2) that transits annually--
(A) more than 1,000,000 tons of cargo; but
(B) less than 10,000,000 tons of cargo.
(8) Priority funds.--The term ``priority funds''
means the difference between--
(A) the total funds that are made available
under this section to pay the costs described
in subsection (a)(2) for a fiscal year; and
(B) the total funds made available under this
section to pay the costs described in
subsection (a)(2) in fiscal year 2012.
(9) Underserved harbor project.--
(A) In general.--The term ``underserved
harbor project'' means a project that is
assigned to a harbor or inland harbor referred
to in subsection (a)(2)--
(i) that is a moderate-use harbor
project or an emerging harbor project;
(ii) that has been maintained at less
than the constructed width and depth of
the project during each of the
preceding 6 fiscal years; and
(iii) for which State and local
investments in infrastructure have been
made at those projects during the
preceding 6 fiscal years.
(B) Administration.--For purposes of this
paragraph, State and local investments in
infrastructure shall include infrastructure
investments made using amounts made available
for activities under section 105(a)(9) of the
Housing and Community Development Act of 1974
(42 U.S.C. 5305(a)(9)).
* * * * * * *
TITLE X--PROJECT DEAUTHORIZATION
Sec. 1001. (a) Any project authorized for construction by
this Act shall not be authorized after the last day of the 5-
year period beginning on the date of enactment of this Act
unless during such period funds have been obligated for
construction, including planning and designing, of such
project.
(b)(1) Not later than one year after the date of enactment of
this Act, the Secretary shall transmit to Congress a list of
unconstructed projects, or unconstructed separable elements of
projects, which have been authorized, but have received no
obligations during the 10 full fiscal years preceding the
transmittal of such list. A project or separable element
included in such list is not authorized after December 31,
1989, if the funds have not been obligated for construction of
such project or element after the date of enactment of this Act
and before December 31, 1989.
(2) Notwithstanding section 3003 of Public Law 104-66 (31
U.S.C. 1113 note; 109 Stat. 734), every year after the
transmittal of the list under paragraph (1), the Secretary
shall transmit to Congress a list of projects or separable
elements of projects which have been authorized, but have
received no obligations during the 5 full fiscal years
preceding the transmittal of such list. Upon submission of such
list to Congress, the Secretary shall notify each Senator in
whose State, and each Member of the House of Representatives in
whose district, a project (including any part thereof) on such
list would be located. A project or separable element included
in such list is not authorized after the date which is the last
date of the fiscal year following the fiscal year in which the
list is so transmitted if funds have not been obligated for the
planning, design, or construction of such project or element
during such period.
(3) Minimum funding list.--At the end of each fiscal
year, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives, and make available on a
publicly accessible Internet site in a manner that is
downloadable, searchable, and sortable, a list of--
(A) projects or separable elements of
projects authorized for construction for which
funding has been obligated during the current
fiscal year or any of the 6 preceding fiscal
years;
(B) the amount of funding obligated for each
such project or separable element per fiscal
year;
(C) the current phase of each such project or
separable element of a project; and
(D) the amount required to complete the
current phase of each such project or separable
element.
(4) Comprehensive backlog and operation and
maintenance report.--
[(A) In general.--The Secretary shall compile
and publish a complete list of all projects and
separable elements of projects of the Corps of
Engineers that are authorized for construction
but have not been completed.]
(A) In general.--The Secretary shall compile
and publish--
(i) a complete list of all projects
and separable elements of projects of
the Corps of Engineers that are
authorized for construction but have
not been completed; and
(ii) a list of major Federal
operation and maintenance needs of
projects and properties under the
control of the Corps of Engineers.
(B) Required backlog information.--The
Secretary shall include on the list developed
under [subparagraph (A)] subparagraph (A)(i)
for each project and separable element on that
list--
(i) the date of authorization of the
project or separable element, including
any subsequent modifications to the
original authorization;
(ii) the original budget authority
for the project or separable element;
(iii) a brief description of the
project or separable element;
(iv) the estimated date of completion
of the project or separable element;
(v) the estimated cost of completion
of the project or separable element;
and
(vi) any amounts appropriated for the
project or separable element that
remain unobligated.
(C) Required operation and maintenance
information.--The Secretary shall include on
the list developed under subparagraph (A)(ii),
for each project and property under the control
of the Corps of Engineers on that list--
(i) the authority under which the
project was authorized or the property
was acquired by the Corps of Engineers;
(ii) a brief description of the
project or property;
(iii) an estimate of the Federal
costs to meet the major operation and
maintenance needs at the project or
property; and
(iv) an estimate of unmet or deferred
operation and maintenance needs at the
project or property.
[(C)] (D) Publication.--
(i) In general.--[Not later than 1
year after the date of enactment of
this paragraph, the Secretary shall
submit a copy of the list] For fiscal
year 2019, and biennially thereafter,
in conjunction with the President's
annual budget submission to Congress
under section 1105(a) of title 31,
United States Code, the Secretary shall
submit a copy of the lists developed
under subparagraph (A) to--
(I) the Committee on
Environment and Public Works of
the Senate and the Committee on
Transportation and
Infrastructure of the House of
Representatives; and
(II) the Director of the
Office of Management and
Budget.
(ii) Public availability.--Beginning
on the date the Secretary submits the
report to Congress under clause (i),
the Secretary shall make a copy of the
[list] lists available on a publicly
accessible Internet site in a manner
that is downloadable, searchable, and
sortable.
(c) The Secretary shall publish in the Federal Register a
list of any projects or separable elements that are
deauthorized under this section.
* * * * * * *
TITLE XI--MISCELLANEOUS PROGRAMS AND PROJECTS
* * * * * * *
SEC. 1156. 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--
(1) in American Samoa, Guam, the Northern Mariana
Islands, the Virgin Islands, Puerto Rico, and the Trust
Territory of the Pacific Islands; and
(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)] section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(e))).
(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.
* * * * * * *
----------
WATER RESOURCES DEVELOPMENT ACT OF 2007
* * * * * * *
TITLE VII--LOUISIANA COASTAL AREA
* * * * * * *
SEC. 7007. NON-FEDERAL COST SHARE.
(a) Credit.--The Secretary shall credit, in accordance with
section 221 of the Flood Control Act 1970 (42 U.S.C. 1962d-5b),
toward the non-Federal share of the cost of a study or project
under this title the cost of work carried out in the coastal
Louisiana ecosystem by the non-Federal interest for the project
before, on, or after the date of the execution of the
partnership agreement for the study or project. Notwithstanding
section 221(a)(4)(C)(i) of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b(a)(4)(C)(i)), the Secretary may provide credit
for work carried out during the period beginning on November 8,
2007, and ending on the date of enactment of the Water
Resources Development Act of 2018 by the non-Federal interest
for a project under this title if the Secretary determines that
the work is integral to the project and was carried out in
accordance with the laws specified in section 5014(i)(2)(A) of
the Water Resources Reform and Development Act of 2014 (128
Stat. 1331) and all other applicable Federal laws.
(b) Sources of Funds.--The non-Federal interest may use, and
the Secretary shall accept, funds provided by a Federal agency
under any other Federal program, to satisfy, in whole or in
part, the non-Federal share of the cost of the study or project
if the Federal agency that provides the funds determines that
the funds are authorized to be used to carry out the study or
project.
(c) Nongovernmental Organizations.--A nongovernmental
organization shall be eligible to contribute all or a portion
of the non-Federal share of the cost of a project under this
title.
(d) Treatment of Credit Between Projects.--The value of any
land, easements, rights-of-way, relocations, and dredged
material disposal areas and the costs of planning, design, and
construction work provided by the non-Federal interest that
exceed the non-Federal cost share for a study or project under
this title may be applied toward the non-Federal cost share for
any other study or project carried out under this title.
(e) Periodic Monitoring.--
(1) In general.--To ensure that the contributions of
the non-Federal interest equal the non-Federal share of
the cost of a study or project under this title during
each 5-year period beginning after the date of
commencement of the first study or project under this
title, the Secretary shall--
(A) monitor for each study or project under
this title the non-Federal provision of cash,
in-kind services and materials, and land,
easements, rights-of-way, relocations, and
disposal areas; and
(B) manage the requirement of the non-Federal
interest to provide for each such study or
project cash, in-kind services and materials,
and land, easements, rights-of-way,
relocations, and disposal areas.
(2) Other monitoring.--The Secretary shall conduct
monitoring separately for the study phase, construction
phase, preconstruction engineering and design phase,
and planning phase for each project authorized on or
after the date of enactment of this Act for all or any
portion of the coastal Louisiana ecosystem.
(f) Audits.--Credit for land, easements, rights-of-way,
relocations, and disposal areas (including land value and
incidental costs) provided under this section, and the cost of
work provided under this section, shall be subject to audit by
the Secretary.
(g) Definition of Study or Project.--In this section, the
term ``study or project'' includes any eligible activity that
is--
(1) carried out pursuant to the coastal Louisiana
ecosystem science and technology program authorized
under section 7006(a); and
(2) in accordance with the restoration plan.
* * * * * * *
TITLE IX--NATIONAL LEVEE SAFETY PROGRAM
* * * * * * *
SEC. 9005. LEVEE SAFETY INITIATIVE.
(a) Establishment.--The Secretary, in consultation with the
Administrator, shall carry out a levee safety initiative.
(b) Management.--The Secretary shall appoint--
(1) an administrator of the levee safety initiative;
and
(2) such staff as are necessary to implement the
initiative.
(c) Levee Safety Guidelines.--
(1) Establishment.--Not later than 1 year after the
date of enactment of the Water Resources Development
Act of 2016, the Secretary, in consultation with the
Administrator and in coordination with State, regional,
local, and tribal governments and organizations with
expertise in levee safety, shall establish a set of
voluntary, comprehensive, national levee safety
guidelines that--
(A) are available for common, uniform use by
all Federal, State, regional, local, and tribal
agencies;
(B) incorporate policies, procedures,
standards, and criteria for a range of levee
types, canal structures, and related facilities
and features; and
(C) provide for adaptation to local,
regional, or watershed conditions.
(2) Requirement.--The policies, procedures,
standards, and criteria under paragraph (1)(B) shall be
developed taking into consideration the levee hazard
potential classification system established under
subsection (d).
(3) Incorporation.--The guidelines shall address, to
the maximum extent practicable--
(A) the activities and practices carried out
by State, regional, local, and tribal
governments and the private sector to safely
build, regulate, operate, and maintain levees;
and
(B) Federal activities that facilitate State,
regional, or tribal efforts to develop and
implement effective State, regional, or tribal
programs for the safety of levees, including
levee inspection, levee rehabilitation, locally
developed floodplain management, and public
education and training programs.
(4) Consideration by Federal agencies.--To the
maximum extent practicable, all Federal agencies shall
consider the levee safety guidelines in carrying out
activities relating to the management of levees.
(5) Public comment.--Prior to finalizing the
guidelines under this subsection, the Secretary shall--
(A) issue draft guidelines for public
comment, including comment by States, regional
districts, Indian tribes, non-Federal
interests, and other appropriate stakeholders;
and
(B) consider any comments received in the
development of final guidelines.
(d) Hazard Potential Classification system.--
(1) Establishment.--The Secretary shall establish a
hazard potential classification system for use under
the levee safety initiative and participating programs.
(2) Revision.--The Secretary shall review and, as
necessary, revise the hazard potential classification
system not less frequently than once every 5 years.
(3) Consistency.--The hazard potential classification
system established pursuant to this subsection shall be
consistent with and incorporated into the levee safety
action classification tool developed by the Corps of
Engineers.
(e) Technical Assistance and Materials.--
(1) Establishment.--The Secretary, in consultation
with the Administrator, shall provide technical
assistance and training to promote levee safety and
assist States, regional districts, Indian tribes,
communities, and levee owners in--
(A) developing levee safety programs;
(B) identifying and reducing flood risks
associated with levees;
(C) identifying local actions that may be
carried out to reduce flood risks in leveed
areas; and
(D) rehabilitating, improving, replacing,
reconfiguring, modifying, and removing levees
and levee systems.
(2) Eligibility.--To be eligible to receive technical
assistance under this subsection, a State shall--
(A) be in the process of establishing or have
in effect a State levee safety program under
which a State levee safety agency, in
accordance with State law, carries out the
guidelines established under subsection (c)(1);
and
(B) allocate sufficient funds in the budget
of that State to carry out that State levee
safety program.
(3) Work plans.--The Secretary shall enter into an
agreement with each State receiving technical
assistance under this subsection to develop a work plan
necessary for the State levee safety program of that
State to reach a level of program performance that
meets the guidelines established under subsection
(c)(1).
(f) Public Education and Awareness.--
(1) In general.--The Secretary, in coordination with
the Administrator, shall carry out public education and
awareness efforts relating to the levee safety
initiative.
(2) Contents.--In carrying out the efforts under
paragraph (1), the Secretary and the Administrator
shall--
(A) educate individuals living in leveed
areas regarding the risks of living in those
areas; and
(B) promote consistency in the transmission
of information regarding levees among Federal
agencies and regarding risk communication at
the State and local levels.
(g) State, Regional, and Tribal Levee Safety Program.--
(1) Guidelines.--
(A) In general.--Not later than 1 year after
the date of enactment of the Water Resources
Development Act of 2016, in consultation with
the Administrator, the Secretary shall issue
guidelines that establish the minimum
components necessary for recognition of a
State, regional, or tribal levee safety program
as a participating program.
(B) Guideline contents.--The guidelines under
subparagraph (A) shall include provisions and
procedures requiring each participating State,
regional district, and Indian tribe to certify
to the Secretary that the State, regional
district, or Indian tribe, as applicable--
(i) has the authority to participate
in the levee safety initiative;
(ii) can receive funds under this
title;
(iii) has adopted any levee safety
guidelines developed under this title;
(iv) will carry out levee
inspections;
(v) will carry out, consistent with
applicable requirements, flood risk
management and any emergency action
planning procedures the Secretary
determines to be necessary relating to
levees;
(vi) will carry out public education
and awareness activities consistent
with the efforts carried out under
subsection (f); and
(vii) will collect and share
information regarding the location and
condition of levees, including for
inclusion in the national levee
database.
(C) Public comment.--Prior to finalizing the
guidelines under this paragraph, the Secretary
shall--
(i) issue draft guidelines for public
comment; and
(ii) consider any comments received
in the development of final guidelines.
(2) Assistance to states, regional districts, and
indian tribes.--
(A) Establishment.--The Administrator may
provide assistance, subject to the availability
of funding specified in appropriations Acts for
Federal Emergency Management Agency activities
pursuant to this title and subject to amounts
available under subparagraph (E), to States,
regional districts, and Indian tribes in
establishing participating programs, conducting
levee inventories, and improving levee safety
programs in accordance with subparagraph (B).
(B) Requirements.--To be eligible to receive
assistance under this section, a State,
regional district, or Indian tribe shall--
(i) meet the requirements of a
participating program established by
the guidelines issued under paragraph
(1);
(ii) use not less than 25 percent of
any amounts received to identify and
assess non-Federal levees within the
State or regional district or on land
of the Indian tribe;
(iii) submit to the Secretary and
Administrator any information collected
by the State, regional district, or
Indian tribe in carrying out this
subsection for inclusion in the
national levee safety database; and
(iv) identify actions to address
hazard mitigation activities associated
with levees and leveed areas identified
in the hazard mitigation plan of the
State approved by the Administrator of
the Federal Emergency Management Agency
under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
(C) Measures to assess effectiveness.--
(i) In general.--Not later than 1
year after the date of enactment of
this subsection, the Administrator
shall implement quantifiable
performance measures and metrics to
assess the effectiveness of the
assistance provided in accordance with
subparagraph (A).
(ii) Considerations.--In assessing
the effectiveness of assistance under
clause (i), the Administrator shall
consider the degree to which the State,
regional, or tribal program--
(I) ensures that human lives
and property that are protected
by new and existing levees are
safe;
(II) encourages the use of
appropriate engineering
policies, procedures, and
technical practices for levee
site investigation, design,
construction, operation and
maintenance, inspection,
assessment, and emergency
preparedness;
(III) develops and supports
public education and awareness
projects to increase public
acceptance and support of levee
safety programs and provide
information;
(IV) builds public awareness
of the residual risks
associated with living in levee
protected areas; and
(V) develops technical
assistance materials, seminars,
and guidelines to improve the
security of levees of the
United States.
(D) Maintenance of effort.--Technical
assistance or grants may not be provided to a
State under this subsection during a fiscal
year unless the State enters into an agreement
with the Administrator to ensure that the State
will maintain during that fiscal year aggregate
expenditures for programs to ensure levee
safety that equal or exceed the average annual
level of such expenditures for the State for
the 2 fiscal years preceding that fiscal year.
(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] 2019 through 2023.
(ii) Allocation.--For each fiscal
year, amounts made available under this
subparagraph shall be allocated among
the States, regional districts, and
Indian tribes as follows:
(I) \1/3\ among States,
regional districts, and Indian
tribes that qualify for
assistance under this
subsection.
(II) \2/3\ among States,
regional districts, and Indian
tribes that qualify for
assistance under this
subsection, to each such State,
regional district, or Indian
tribe in the proportion that--
(aa) the miles of
levees in the State or
regional district or on
the land of the Indian
tribe that are listed
on the inventory of
levees; bears to
(bb) the miles of
levees in all States
and regional districts
and on the land of all
Indian tribes that are
in the national levee
database.
(iii) Maximum Amount of Allocation.--
The amounts allocated to a State,
regional district, or Indian tribe
under this subparagraph shall not
exceed 50 percent of the reasonable
cost of implementing the State,
regional, or tribal levee safety
program.
(F) Prohibition.--No amounts made available
to the Administrator under this title shall be
used for levee construction, rehabilitation,
repair, operations, or maintenance.
(h) Levee Rehabilitation Assistance Program.--
(1) Establishment.--The Secretary shall provide
assistance to States, regional districts, Indian
tribes, and local governments relating to addressing
flood mitigation activities that result in an overall
reduction in flood risk.
(2) Requirements.--To be eligible to receive
assistance under this subsection, a State, regional
district, Indian tribe, or local government shall--
(A) participate in, and comply with, all
applicable Federal floodplain management and
flood insurance programs;
(B) have in place a hazard mitigation plan
that--
(i) includes all levee risks; and
(ii) complies with the Disaster
Mitigation Act of 2000 (Public Law 106-
390; 114 Stat. 1552);
(C) submit to the Secretary an application at
such time, in such manner, and containing such
information as the Secretary may require;
(D) commit to provide normal operation and
maintenance of the project for the 50 year-
period following completion of rehabilitation;
and
(E) comply with such minimum eligibility
requirements as the Secretary, in consultation
with the committee, may establish to ensure
that each owner and operator of a levee under a
participating State, regional, or tribal levee
safety program--
(i) acts in accordance with the
guidelines developed under subsection
(c); and
(ii) carries out activities relating
to the public in the leveed area in
accordance with the hazard mitigation
plan described in subparagraph (B).
(3) Floodplain management plans.--
(A) In general.--Not later than 1 year after
the date of execution of a project agreement
for assistance under this subsection, a State,
regional district, Indian tribe, or local
government shall prepare a floodplain
management plan in accordance with the
guidelines under subparagraph (D) to reduce the
impacts of future flood events in each
applicable leveed area.
(B) Inclusions.--A plan under subparagraph
(A) shall address--
(i) 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
each applicable leveed area;
(ii) plans for flood fighting and
evacuation; and
(iii) public education and awareness
of flood risks.
(C) Implementation.--Not later than 1 year
after the date of completion of construction of
the applicable project, a floodplain management
plan prepared under subparagraph (A) shall be
implemented.
(D) Guidelines.--Not later than 180 days
after the date of enactment of the Water
Resources Development Act of 2016, the
Secretary, in consultation with the
Administrator, shall develop such guidelines
for the preparation of floodplain management
plans prepared under this paragraph as the
Secretary determines to be appropriate.
(E) Technical support.--The Secretary may
provide technical support for the development
and implementation of floodplain management
plans prepared under this paragraph.
(4) Use of funds.--
(A) In general.--Assistance provided under
this subsection may be used--
(i) for any rehabilitation activity
to maximize overall risk reduction
associated with a levee under a
participating State, regional, or
tribal levee safety program; and
(ii) only for a levee that is not
federally operated and maintained.
(B) Prohibition.--Assistance provided under
this subsection shall not be used--
(i) to perform routine operation or
maintenance for a levee; or
(ii) to make any modification to a
levee that does not result in an
improvement to public safety.
(5) No proprietary interest.--A contract for
assistance provided under this subsection shall not be
considered to confer any proprietary interest on the
United States.
(6) Cost share.--The maximum Federal share of the
cost of any assistance provided under this subsection
shall be 65 percent.
(7) Project limit.--The maximum amount of Federal
assistance for a project under this subsection shall be
$10,000,000.
(8) Limitation.--A project shall not receive Federal
assistance under this subsection more than 1 time.
(9) Federal interest.--For a project that is not a
project eligible for rehabilitation assistance under
section 5 of the Act of August 18, 1941 (33 U.S.C.
701n), the Secretary shall determine that the proposed
rehabilitation is in the Federal interest prior to
providing assistance for such rehabilitation.
(10) Other laws.--Assistance provided under this
subsection shall be subject to all applicable laws
(including regulations) that apply to the construction
of a civil works project of the Corps of Engineers.
(i) Effect of Section.--Nothing in this section--
(1) affects the requirement under section
100226(b)(2) of Public Law 112-141 (42 U.S.C. 4101
note; 126 Stat. 942); or
(2) confers any regulatory authority on--
(A) the Secretary; or
(B) the Administrator, including for the
purpose of setting premium rates under the
national flood insurance program established
under chapter 1 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4011 et seq.).
* * * * * * *
SEC. 9008. AUTHORIZATION OF APPROPRIATIONS.
There is authorized 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] 2019 through 2023;
(2) to carry out section 9004, $20,000,000 for each
of fiscal years [2015 through 2019] 2019 through 2023;
and
(3) to carry out section 9005(h), $30,000,000 for
each of fiscal years [2015 through 2019] 2019 through
2023.
----------
NATIONAL DAM SAFETY PROGRAM ACT
* * * * * * *
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]
2019 through 2023, to remain available until expended.
(2) Allocation.--
(A) In general.--Subject to subparagraphs (B)
and (C), for each fiscal year, amounts made
available under this subsection to carry out
section 8 shall be allocated among the States
as follows:
(i) One-third among States that
qualify for assistance under section
8(e).
(ii) Two-thirds among States that
qualify for assistance under section
8(e), to each such State in proportion
to--
(I) the number of dams in the
State that are listed as State-
regulated dams on the inventory
of dams maintained under
section 6; as compared to
(II) the number of dams in
all States that are listed as
State-regulated dams on the
inventory of dams maintained
under section 6.
(B) Maximum amount of allocation.--
(i) In general.--The amount of funds
allocated to a State under this
paragraph may not exceed 50 percent of
the reasonable cost of implementing the
State dam safety program.
(ii) Fiscal year 2015 and subsequent
fiscal years.--For fiscal year 2015 and
each subsequent fiscal year, the amount
of funds allocated to a State under
this paragraph may not exceed the
amount of funds committed by the State
to implement dam safety activities.
(C) Determination.--The Administrator and the
Board shall determine the amount allocated to
States.
(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] 2019 through 2023.
(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] 2019 through 2023.
(d) Research.--There is authorized to be appropriated to
carry out section 9 $1,450,000 for each of fiscal years [2015
through 2019] 2019 through 2023, 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] 2019 through 2023.
(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] 2019 through 2023.
(g) Limitation on Use of Amounts.--Amounts made available
under this Act may not be used to construct or repair any
Federal or non-Federal dam.
----------
WATER RESOURCES DEVELOPMENT ACT OF 2016
* * * * * * *
TITLE I--WATER RESOURCES DEVELOPMENT
* * * * * * *
Subtitle A--General Provisions
* * * * * * *
SEC. 1177. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED DAMS.
(a) In general.--If the Secretary determines that the project
is feasible, the Secretary may carry out a project for the
rehabilitation of a dam described in subsection (b).
(b) Eligible dams.--A dam eligible for assistance under this
section is a dam--
(1) that has been constructed, in whole or in part,
by the Corps of Engineers for flood control purposes;
(2) for which construction was completed before 1940;
(3) that is classified as ``high hazard potential''
by the State dam safety agency of the State in which
the dam is located; and
(4) that is operated by a non-Federal entity.
(c) Cost sharing.--Non-Federal interests shall provide 35
percent of the cost of construction of any project carried out
under this section, including provision of all land, easements,
rights-of-way, and necessary relocations.
(d) Agreements.--Construction of a project under this section
shall be initiated only after a non-Federal interest has
entered into a binding agreement with the Secretary--
(1) to pay the non-Federal share of the costs of
construction under subsection (c); and
(2) to pay 100 percent of any operation, maintenance,
and replacement and rehabilitation costs with respect
to the project in accordance with regulations
prescribed by the Secretary.
(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.--Section 536(g) of the Water
Resources Development Act of 2000 (Public Law 106-541; 114
Stat. 2662; 128 Stat. 1314) is amended by striking
``$50,000,000'' and inserting ``$75,000,000''.
(b) Watercraft Inspection Stations.--Section 104 of the River
and Harbor Act of 1958 (33 U.S.C. 610) is amended--
(1) in subsection (d)--
(A) by striking paragraph (1) and inserting
the following:
``(1) In general.--In carrying out this section, the
Secretary may establish, operate, and maintain new or
existing watercraft inspection stations to protect the
Columbia River Basin to be located in the States of
Idaho, Montana, Oregon, and Washington at locations, as
determined by the Secretary in consultation with such
States, with the highest likelihood of preventing the
spread of aquatic invasive species at reservoirs
operated and maintained by the Secretary. The Secretary
shall also assist the States referred to in this
paragraph with rapid response to any aquatic invasive
species, including quagga or zebra mussel,
infestation.''; and
(B) in paragraph (3)(A) by inserting
``Governors of the'' before ``States''; and
(2) in subsection (e) by striking paragraph (3) and
inserting the following:
``(3) assist States in early detection of aquatic
invasive species, including quagga and zebra mussels;
and''.
(c) Tribal Assistance.--
(1) Assistance authorized.--
(A) In general.--Upon the request of the
Secretary of the Interior, the Secretary [may
provide assistance] may provide assistance,
which may include housing and related
improvements, 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.
(B) Clarification.--
(i) In general.--The Secretary is
authorized to provide the assistance
described in subparagraph (A) based on
information known or studies undertaken
by the Secretary prior to the date of
enactment of this subsection.
(ii) Additional studies.--To the
extent that the Secretary determines
necessary, the Secretary is authorized
to undertake additional studies to
further examine any impacts to Indian
tribes identified in subparagraph (A)
beyond any information or studies
identified under clause (i), except
that the Secretary is authorized to
provide the assistance described in
subparagraph (A) based solely on
information known or studies undertaken
by the Secretary prior to the date of
enactment of this subsection.
[(2) Study of impacts of john day dam, oregon.--The
Secretary shall--
[(A) conduct a study to determine the number
of Indian tribes displaced by the construction
of the John Day Dam, Oregon; and
[(B) recommend to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on
Environment and Public Works of the Senate a
plan to provide assistance to Indian tribes
displaced as a result of the construction of
the John Day Dam, Oregon.]
* * * * * * *
----------
SECTION 5 OF THE ACT OF AUGUST 18, 1941
Sec. 5. (a)(1) That there is authorized an emergency fund to
be expended in preparation for emergency response to any
natural disaster, in flood fighting and rescue operations, or
in the repair or restoration of any flood control work
threatened or destroyed by flood, including the [strengthening,
raising, extending, or other modification thereof]
strengthening, raising, extending, realigning, or other
modification thereof as may be necessary in the discretion of
the Chief of Engineers for the adequate functioning of the work
for flood control and subject to the condition that the Chief
of Engineers may include modifications to the structure or
project, or in implementation of nonstructural alternatives to
the repair or restoration of such flood control work if
requested by the non-Federal sponsor; in the emergency
protection of federally authorized hurricane or shore
protection being threatened when in the discretion of the Chief
of Engineers such protection is warranted to protect against
imminent and substantial loss to life and property; in the
repair and restoration of any federally authorized hurricane or
shore protective [structure or project damaged or destroyed by
wind, wave, or water action of other than an ordinary nature to
the design level of protection when, in the discretion of the
Chief of Engineers,] structure or project damaged or destroyed
by wind, wave, or water action of other than an ordinary nature
to either the pre-storm level or the design level of
protection, whichever provides greater protection, when, in the
discretion of the Chief of Engineers, such repair and
restoration is warranted for the adequate functioning of the
structure or project for hurricane or shore protection, subject
to the condition that the Chief of Engineers may include
modifications to the structure or project to address major
deficiencies or implement nonstructural alternatives to the
repair or restoration of the structure if requested by the non-
Federal sponsor. The emergency fund may also be expended for
emergency dredging for restoration of authorized project depths
for Federal navigable channels and waterways made necessary by
flood, drought, earthquake, or other natural disasters. In any
case in which the Chief of Engineers is otherwise performing
work under this section in an area for which the Governor of
the affected State has requested a determination that an
emergency exists or a declaration that a major disaster exists
under the Disaster Relief and Emergency Assistance Act, the
Chief of Engineers is further authorized to perform on public
and private lands and waters for a period of ten days following
the Governor's request any emergency work made necessary by
such emergency or disaster which is essential for the
preservation of life and property, including, but not limited
to, channel clearance, emergency shore protection, clearance
and removal of debris and wreckage endangering public health
and safety, and temporary restoration of essential public
facilities and services. The Chief of Engineers, in the
exercise of his discretion, is further authorized to provide
emergency supplies of clean water, on such terms as he
determines to be advisable, to any locality which he finds is
confronted with a source of contaminated water causing or
likely to cause a substantial threat to the public health and
welfare of the inhabitants of the locality. The appropriation
of such moneys for the initial establishment of this fund and
for its replenishment on an annual basis, is authorized:
Provided, That pending the appropriation of sums to such
emergency fund, the Secretary of the Army may allot, from
existing flood-control appropriations, such sums as may be
necessary for the immediate prosecution of the work herein
authorized, such appropriations to be reimbursed from the
appropriation herein authorized when made. The Chief of
Engineers is authorized, in the prosecution of work in
connection with rescue operations, or in conducting other flood
emergency work, to acquire on a rental basis such motor
vehicles, including passenger cars and buses, as in his
discretion are deemed necessary.
(2) In preparing a cost and benefit feasibility assessment
for any emergency project described in paragraph (1), the Chief
of Engineers shall consider the benefits to be gained by such
project for the protection of--
(A) residential establishments;
(B) commercial establishments, including the
protection of inventory; and
(C) agricultural establishments, including the
protection of crops.
(3) Nonstructural alternatives defined.--In this
subsection, the term ``nonstructural alternatives''
includes efforts to restore or protect natural
resources, including streams, rivers, floodplains,
wetlands, or coasts, if those efforts will reduce flood
risk.
(b)(1) The Secretary, upon a written request for assistance
under this paragraph made by any farmer, rancher, or political
subdivision within a distressed area, and after a determination
by the Secretary that (A) as a result of the drought such
farmer, rancher, or political subdivision has an inadequate
supply of water, (B) an adequate supply of water can be made
available to such farmer, rancher, or political subdivision
through the construction of a well, and (C) as a result of the
drought such well could not be constructed by a private
business, the Secretary, subject to paragraph (3) of this
subsection, may enter into an agreement with such farmer,
rancher, or political subdivision for the construction of such
well.
(2) The Secretary, upon a written request for assistance
under this paragraph made by any farmer, rancher, or political
subdivision within a distressed area, and after a determination
by the Secretary that as a result of the drought such farmer,
rancher, or political subdivision has an inadequate supply of
water and water cannot be obtained by such farmer, rancher, or
political subdivision, the Secretary may transport water to
such farmer, rancher, or political subdivision by methods which
include, but are not limited to, small-diameter emergency water
lines and tank trucks, until such time as the Secretary
determines that an adequate supply of water is available to
such farmer, rancher, or political subdivision.
(3)(A) Any agreement entered into by the Secretary pursuant
to paragraph (1) of this subsection shall require the farmer,
rancher, or political subdivision for whom the well is
constructed to pay to the United States the reasonable cost of
such construction, with interest, over such number of years,
not to exceed thirty, as the Secretary deems appropriate. The
rate of interest shall be that rate which the Secretary
determines would apply if the amount to be repaid was a loan
made pursuant to section 7(b)(2) of the Small Business Act.
(B) The Secretary shall not construct any well pursuant to
this subsection unless the farmer, rancher, or political
subdivision for whom the well is being constructed has
obtained, prior to construction, all necessary State and local
permits.
(4) The Federal share for the transportation of water
pursuant to paragraph (2) of this subsection shall be 100 per
centum.
(5) For purposes of this subsection--
(A) the term ``construction'' includes construction,
reconstruction, or repair;
(B) the term ``distressed area'' means an area which
the Secretary determines due to drought conditions has
an inadequate water supply which is causing, or is
likely to cause, a substantial threat to the health and
welfare of the inhabitants of the area including threat
of damage or loss of property;
(C) the term ``political subdivision'' means a city,
town, borough, county, parish, district, association,
or other public body created by or pursuant to State
law and having jurisdiction over the water supply of
such public body;
(D) the term ``reasonable cost'' means the lesser of
(i) the cost to the Secretary of constructing a well
pursuant to this subsection exclusive of the cost of
transporting equipment used in the construction of
wells, or (ii) the cost to a private business of
constructing such well;
(E) the term ``Secretary'' means the Secretary of the
Army, acting through the Chief of Engineers; and
(F) the term ``State'' means a State, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Trust Territory
of the Pacific Islands.
(c) Levee Owners Manual.--
(1) In general.--Not later than 1 year after the date
of the enactment of this subsection, in accordance with
chapter 5 of title 5, United States Code, the Secretary
of the Army shall prepare a manual describing the
maintenance and upkeep responsibilities that the Corps
of Engineers requires of a non-Federal interest in
order for the non-Federal interest to receive Federal
assistance under this section. The Secretary shall
provide a copy of the manual at no cost to each non-
Federal interest that is eligible to receive Federal
assistance under this section.
(2) Authorization of appropriations.--There is
authorized to be appropriated $1,000,000 to carry out
this subsection.
(3) Definitions.--In this subsection, the following
definitions apply:
(A) Maintenance and upkeep.--The term
``maintenance and upkeep'' means all
maintenance and general upkeep of a levee
performed on a regular and consistent basis
that is not repair and rehabilitation.
(B) Repair and rehabilitation.--The term
``repair and rehabilitation''--
(i) means the repair or rebuilding of
a levee or other flood control
structure, after the structure has been
damaged by a flood, to the level of
protection provided by the structure
before the flood; but
(ii) does not include--
(I) any improvement to the
structure; or
(II) repair or rebuilding
described in clause (i) if, in
the normal course of usage, the
structure becomes structurally
unsound and is no longer fit to
provide the level of protection
for which the structure was
designed.
(d) Increased Level of Protection.--In conducting repair or
restoration work under subsection (a), at the request of the
non-Federal sponsor, the Chief of Engineers may increase the
level of protection above the level to which the system was
designed, or, if the repair or restoration includes repair or
restoration of a pumping station, increase the capacity of a
pump, if--
(1) the Chief of Engineers determines the
improvements are in the public interest, including
consideration of whether--
(A) the authority under this section has been
used more than once at the same location;
(B) there is an opportunity to decrease
significantly the risk of loss of life and
property damage; or
(C) there is an opportunity to decrease total
life cycle rehabilitation costs for the
project; and
(2) the non-Federal sponsor agrees to pay the
difference between the cost of repair or restoration to
the original design level or original capacity and the
cost of achieving the higher level of protection or
capacity sought by the non-Federal sponsor.
(e) Notice.--The Secretary shall notify and consult with the
non-Federal sponsor regarding the opportunity to request
implementation of nonstructural alternatives to the repair or
restoration of a flood control work under subsection (a).
----------
WATER RESOURCES DEVELOPMENT ACT OF 1976
Sec. 156.
(a) In General.--The Secretary of the Army, acting through
the Chief of Engineers, is authorized to provide periodic beach
nourishment in the case of each water resources development
project where such nourishment has been authorized for a
limited period for such additional period as he determines
necessary but in no event shall such additional period extend
beyond the fiftieth year which begins after the date of
initiation of construction of such project.
(b) Review.--[Notwithstanding]
(1) In general._Notwithstanding subsection (a), the
Secretary shall, at the request of the non-Federal
interest, carry out a study to determine the
feasibility of extending the period of nourishment
described in subsection (a) for a period not to exceed
15 additional years beyond the maximum period described
in subsection (a).
(2) Timing.--The 15 additional years under paragraph
(1) shall begin on the date of initiation of
construction of congressionally authorized nourishment.
(c) Plan for Reducing Risk to People and Property.--
(1) In general.--As part of the review described in
subsection (b), the non-Federal interest shall submit
to the Secretary a plan for reducing risk to people and
property during the life of the project.
(2) Inclusion of plan in recommendation to
congress.--The Secretary shall include the plan
described in subsection (a) in the recommendations to
Congress described in subsection (d).
(d) Report to Congress.--Upon completion of the review
described in subsection (b), the Secretary shall--
(1) submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives any
recommendations of the Secretary related to the review;
and
(2) include in the subsequent annual report to
Congress required under section 7001 of the Water
Resources Reform and Development Act of 2014, any
recommendations that require specific congressional
authorization.
(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, that project
shall remain eligible for nourishment for an additional [6
years] 9 years after the expiration of such period.
----------
SECTION 221 OF THE FLOOD CONTROL ACT OF 1970
SEC. 221. WRITTEN AGREEMENT REQUIREMENT FOR WATER RESOURCES PROJECTS.
(a) Cooperation of Non-Federal Interest.--
(1) In general.--After December 31, 1970, the
construction of any water resources project, or an
acceptable separable element thereof, by the Secretary
of the Army, acting through the Chief of Engineers, or
by a non-Federal interest where such interest will be
reimbursed for such construction under any provision of
law, shall not be commenced until each non-Federal
interest has entered into a written partnership
agreement with the Secretary (or, where appropriate,
the district engineer for the district in which the
project will be carried out) under which each party
agrees to carry out its responsibilities and
requirements for implementation or construction of the
project or the appropriate element of the project, as
the case may be; except that no such agreement shall be
required if the Secretary determines that the
administrative costs associated with negotiating,
executing, or administering the agreement would exceed
the amount of the contribution required from the non-
Federal interest and are less than $25,000.
(2) Liquidated damages.--A partnership agreement
described in paragraph (1) may include a provision for
liquidated damages in the event of a failure of one or
more parties to perform.
(3) Obligation of future appropriations.--In any
partnership agreement described in paragraph (1) and
entered into by a State, or a body politic of the State
which derives its powers from the State constitution,
or a governmental entity created by the State
legislature, the agreement may reflect that it does not
obligate future appropriations for such performance and
payment when obligating future appropriations would be
inconsistent with constitutional or statutory
limitations of the State or a political subdivision of
the State.
(4) Credit for in-kind contributions.--
(A) In general.--A partnership agreement
described in paragraph (1) may provide with
respect to a project that the Secretary shall
credit toward the non-Federal share of the cost
of the project, including a project implemented
without specific authorization in law or a
project under an environmental infrastructure
assistance program, the value of in-kind
contributions made by the non-Federal interest,
including--
(i) the costs of planning (including
data collection), design, management,
mitigation, construction, and
construction services that are provided
by the non-Federal interest for
implementation of the project;
(ii) the value of materials or
services provided before execution of
the partnership agreement, including
efforts on constructed elements
incorporated into the project; and
(iii) the value of materials and
services provided after execution of
the partnership agreement.
(B) Condition.--The Secretary may credit an
in-kind contribution under subparagraph (A)
only if the Secretary determines that the
material or service provided as an in-kind
contribution is integral to the project.
(C) Work performed before partnership
agreement.--
(i) Construction.--
(I) In general.--In any case
in which the non-Federal
interest is to receive credit
under subparagraph (A) for the
cost of construction carried
out by the non-Federal interest
before execution of a
partnership agreement and that
construction has not been
carried out as of November 8,
2007, the Secretary and the
non-Federal interest shall
enter into an agreement under
which the non-Federal interest
shall carry out such work and
shall do so prior to the non-
Federal interest initiating
construction or issuing a
written notice to proceed for
the construction.
(II) Eligibility.--
Construction that is carried
out after the execution of an
agreement to carry out work
described in subclause (I) and
any design activities that are
required for that construction,
even if the design activity is
carried out prior to the
execution of the agreement to
carry out work, shall be
eligible for credit.
(ii) Planning.--
(I) In general.--In any case
in which the non-Federal
interest is to receive credit
under subparagraph (A) for the
cost of planning carried out by
the non-Federal interest before
execution of a feasibility
cost-sharing agreement, the
Secretary and the non-Federal
interest shall enter into an
agreement under which the non-
Federal interest shall carry
out such work and shall do so
prior to the non-Federal
interest initiating that
planning.
(II) Eligibility.--Planning
that is carried out by the non-
Federal interest after the
execution of an agreement to
carry out work described in
subclause (I) shall be eligible
for credit.
(D) Limitations.--Credit authorized under
this paragraph for a project--
(i) shall not exceed the non-Federal
share of the cost of the project;
(ii) shall not alter any requirement
that a non-Federal interest pay a
portion of the costs of construction of
the project under sections 101(a)(2)
and 103(a)(1)(A) of the Water Resources
Development Act of 1986 (33 U.S.C.
2211(a)(2); 33 U.S.C. 2213(a)(1)(A)) of
the Water Resources Development Act of
1986 (33 U.S.C. 2211; 33 U.S.C. 2213);
and
(iii) shall not alter any requirement
that a non-Federal interest pay a
portion of the costs of construction of
the project under sections 101 and 103
of the Water Resources Development Act
of 1986 (33 U.S.C. 2211; 33 U.S.C.
2213); and
(iv) shall not exceed the actual and
reasonable costs of the materials,
services, or other things provided by
the non-Federal interest, as determined
by the Secretary.
(E) Analysis of costs and benefits.--In the
evaluation of the costs and benefits of a
project, the Secretary shall not consider
construction carried out by a non-Federal
interest under this subsection as part of the
future without project condition.
(F) Transfer of credit between separable
elements of a project.--Credit for in-kind
contributions provided by a non-Federal
interest that are in excess of the non-Federal
cost share for an authorized separable element
of a project may be applied toward the non-
Federal cost share for a different authorized
separable element of the same project.
(G) Application of credit.--
(i) In general.--To the extent that
credit for in-kind contributions, as
limited by subparagraph (D), and credit
for required land, easements, rights-
of-way, dredged material disposal
areas, and relocations provided by the
non-Federal interest exceed the non-
Federal share of the cost of
construction of a project other than a
navigation project, the Secretary,
subject to the availability of funds,
shall enter into a reimbursement
agreement with the non-Federal
interest, which shall be in addition to
a partnership agreement under
subparagraph (A), to reimburse the
difference to the non-Federal interest.
(ii) Priority.--If appropriated funds
are insufficient to cover the full cost
of all requested reimbursement
agreements under clause (i), the
Secretary shall enter into
reimbursement agreements in the order
in which requests for such agreements
are received.
(H) Applicability.--
(i) In general.--This paragraph shall
apply to water resources projects
authorized after November 16, 1986,
including projects initiated after
November 16, 1986, without specific
authorization in law, and to water
resources projects authorized prior to
the date of enactment of the Water
Resources Development Act of 1986
(Public Law 99-662), if correction of
design deficiencies is necessary.
(ii) Authorization as
addition to other
authorizations.--The
authority of the
Secretary to provide
credit for in-kind
contributions pursuant
to this paragraph shall
be in addition to any
other authorization to
provide credit for in-
kind contributions and
shall not be construed
as a limitation on such
other authorization.
The Secretary shall
apply the provisions of
this paragraph, in lieu
of provisions under
other crediting
authority, only if so
requested by the 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 and, as defined in
section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602), a Native village, Regional
Corporation, and Village Corporation] an Indian tribe,
as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(e))); or
(2) a nonprofit entity with the consent of the
affected local government,
that has full authority and capability to perform the terms of
its agreement and to pay damages, if necessary, in the event of
failure to perform.
(c) Every agreement entered into pursuant to this section
shall been forcible in the appropriate district court of the
United States.
(d) After commencement of construction of a project, the
Chief of Engineers may undertake performance of those items of
cooperation necessary to the functioning of the project for its
purposes, if he has first notified the non-Federal interest of
its failure to perform the terms of its agreement and has given
such interest a reasonable time after such notification to so
perform.
(e) Delegation of Authority.--Not later than June 30, 2008,
the Secretary shall issue policies and guidelines for
partnership agreements that delegate to the district engineers,
at a minimum--
(1) the authority to approve any policy in a
partnership agreement that has appeared in an agreement
previously approved by the Secretary;
(2) the authority to approve any policy in a
partnership agreement the specific terms of which are
dictated by law or by a final feasibility study, final
environmental impact statement, or other final decision
document for a water resources project;
(3) the authority to approve any partnership
agreement that complies with the policies and
guidelines issued by the Secretary; and
(4) the authority to sign any partnership agreement
for any water resources project unless, within 30 days
of the date of authorization of the project, the
Secretary notifies the district engineer in which the
project will be carried out that the Secretary wishes
to retain the prerogative to sign the partnership
agreement for that project.
(f) Report to Congress.--Not later than 2 years after the
date of enactment of this subsection, and every year
thereafter, the Secretary shall submit to Congress a report
detailing the following:
(1) The number of partnership agreements signed by
district engineers and the number of partnership
agreements signed by the Secretary.
(2) For any partnership agreement signed by the
Secretary, an explanation of why delegation to the
district engineer was not appropriate.
(g) Public Availability.--Not later than 120 days after the
date of enactment of this subsection, the Chief of Engineers
shall--
(1) ensure that each district engineer has made
available to the public, including on the Internet, all
partnership agreements entered into under this section
within the preceding 10 years and all partnership
agreements for water resources projects currently being
carried out in that district; and
(2) make each partnership agreement entered into
after such date of enactment available to the public,
including on the Internet, not later than 7 days after
the date on which such agreement is entered into.
(h) This section shall not apply to any project the
construction of which was commenced before January 1,1972.
----------
ACT OF MARCH 3, 1899
* * * * * * *
Sec. 14.
(a) Prohibitions and Permissions.--It shall not be lawful for
any person or persons to take possession of or makes use of for
any purpose, or build upon, alter, deface, destroy, move,
injure, obstruct by fastening vessels thereto or otherwise, or
in any manner whatever impair the usefulness of any sea wall,
bulkhead, jetty, dike, levee, wharf, pier, or other work built
by the United States, or any piece of plant, floating or
otherwise, used in the construction of such work under the
control of the United States, in whole or in part, for the
preservation and improvement of any of its navigable waters or
to prevent floods, or as boundary marks, tide gauges, surveying
stations, buoys, or other established marks, nor remove for
ballast or other purposes any stone or other material composing
such works: Provided, That the Secretary of War may, on the
recommendation of the Chief of Engineers, grant permission for
the temporary occupation or use of any of the aforementioned
public works when in his judgment such occupation or use will
not be injurious to the public interest: Provided further, That
the Secretary may, on the recommendation of the Chief of
Engineers, grant permission for the alteration or permanent
occupation or use of any of the aforementioned public works
when in the judgment of the Secretary such occupation or use
will not be injurious to the public interest and will not
impair the usefulness of such work.
(b) Concurrent Review.--
(1) NEPA review.--
(A) In general.--In any case in which an
activity subject to this section requires a
review under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), review
and approval of the activity under this section
shall, to the maximum extent practicable, occur
concurrently with any review and decisions made
under that Act.
(B) Corps of engineers as a cooperating
agency.--If the Corps of Engineers is not the
lead Federal agency for an environmental review
described in subparagraph (A), the Corps of
Engineers shall, to the maximum extent
practicable and consistent with Federal laws--
(i) participate in the review as a
cooperating agency (unless the Corps of
Engineers does not intend to submit
comments on the project); and
(ii) adopt and use any environmental
document prepared under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) by the lead agency
to the same extent that a Federal
agency could adopt or use a document
prepared by another Federal agency
under--
(I) the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
and
(II) parts 1500 through 1508
of title 40, Code of Federal
Regulations (or successor
regulations).
(2) Reviews by secretary.--In any case in which the
Secretary must approve an action under this section and
under another authority, including sections 9 and 10 of
this Act, section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1344), and section 103 of the
Marine Protection, Research, and Sanctuaries Act of
1972 (33 U.S.C. 1413), the Secretary shall--
(A) coordinate applicable reviews and, to the
maximum extent practicable, carry out the
reviews concurrently; and
(B) adopt and use any document prepared by
the Corps of Engineers for the purpose of
complying with the same law and that addresses
the same types of impacts in the same
geographic area if such document, as determined
by the Secretary, is current and applicable.
(3) Contributed funds.--The Secretary may accept and
expend funds received from non-Federal public or
private entities to evaluate under this section an
alteration or permanent occupation or use of a work
built by the United States.
(c) Timely Review.--
(1) Complete application.--On or before the date that
is 30 days after the date on which the Secretary
receives an application for permission to take action
affecting public projects pursuant to subsection (a),
the Secretary shall inform the applicant whether the
application is complete and, if it is not, what items
are needed for the application to be complete.
(2) Decision.--On or before the date that is 90 days
after the date on which the Secretary receives a
complete application for permission under subsection
(a), the Secretary shall--
(A) make a decision on the application; or
(B) provide a schedule to the applicant
identifying when the Secretary will make a
decision on the application.
(3) Notification to congress.--In any case in which a
schedule provided under paragraph (2)(B) extends beyond
120 days from the date of receipt of a complete
application, the Secretary shall provide to the
Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure
of the House of Representatives an explanation
justifying the extended timeframe for review.
(d) Work Defined.--For the purposes of this section, the term
``work'' shall not include unimproved real estate owned or
operated by the Secretary as part of a water resources
development project if the Secretary determines that
modification of such real estate would not affect the function
and usefulness of the project.
* * * * * * *
----------
WATER RESOURCES REFORM AND DEVELOPMENT ACT OF 2014
* * * * * * *
TITLE I--PROGRAM REFORMS AND STREAMLINING
* * * * * * *
SEC. 1012. TRANSPARENCY IN ACCOUNTING AND ADMINISTRATIVE EXPENSES.
(a) In General.--On the request of a non-Federal interest,
the Secretary shall provide to the non-Federal interest a
detailed accounting of the Federal expenses associated with a
water resources project.
(b) Study.--
(1) In general.--[The Secretary] Not later than 1
year after the date of enactment of the Water Resources
Development Act of 2018, the Secretary shall contract
with the National Academy of Public Administration to
carry out a study on the efficiency of the Corps
Engineers current staff salaries and administrative
expense procedures as compared to using a separate
administrative expense account.
(2) Contents.--The study under paragraph (1) shall
include any recommendations of the National Academy of
Public Administration for improvements to the budgeting
and administrative processes that will increase the
efficiency of the Corps of Engineers project delivery.
* * * * * * *
[SEC. 1022. CREDIT IN LIEU OF REIMBURSEMENT.
[(a) Requests for Credits.--With respect to an authorized
flood damage reduction project, or separable element thereof,
for whicha written agreement with the Corps of Engineers for
constructionwas finalized on or before December 31, 2014, under
section211 of the Water Resources Development Act of 1996 (33
U.S.C.701b-13) (as it existed before the repeal made by
section1014(c)(3)), the Secretary may provide to the non-
Federal interest, at the request of the non-Federal interest, a
credit in an amount equal to the estimated Federal share of the
cost of the project or separable element, in lieu of providing
to the non-Federal interest a reimbursement in that amount.
[(b) Application of Credits.--At the request of the non-
Federal interest, the Secretary may apply 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.]
SEC. 1022. CREDIT IN LIEU OF REIMBURSEMENT.
(a) Requests for Credits.--With respect to an authorized
flood damage reduction project, or separable element thereof,
that has been constructed by a non-Federal interest under
section 211 of the Water Resources Development Act of 1996 (33
U.S.C. 701b-13), or an authorized coastal navigation project
that has been constructed by the Corps of Engineers pursuant to
section 11 of the Act of March 3, 1925, before the date of
enactment of the Water Resources Development Act of 2018, the
Secretary may provide to the non-Federal interest, at the
request of the non-Federal interest, a credit in an amount
equal to the estimated Federal share of the cost of the project
or separable element, in lieu of providing to the non-Federal
interest a reimbursement in that amount.
(b) Application of Credits.--At the request of the non-
Federal interest, the Secretary may apply such credit to the
share of the cost of the non-Federal interest of carrying out
other flood damage reduction and coastal navigation projects or
studies.
* * * * * * *
SEC. 1043. NON-FEDERAL IMPLEMENTATION PILOT PROGRAM.
(a) Non-Federal Implementation of Feasibility Studies.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
establish and implement a pilot program to evaluate the
cost-effectiveness and project delivery efficiency of
allowing non-Federal interests to carry out feasibility
studies for flood risk management, hurricane and storm
damage reduction, aquatic ecosystem restoration, and
coastal harbor and channel and inland navigation.
(2) Purposes.--The purposes of the pilot program
are--
(A) to identify project delivery and cost-
saving alternatives to the existing feasibility
study process;
(B) to evaluate the technical, financial, and
organizational efficiencies of a non-Federal
interest carrying out a feasibility study of 1
or more projects; and
(C) to evaluate alternatives for the
decentralization of the project planning,
management, and operational decisionmaking
process of the Corps of Engineers.
(3) Administration.--
(A) In general.--On the request of a non-
Federal interest, the Secretary may enter into
an agreement with the non-Federal interest for
the non-Federal interest to provide full
project management control of a feasibility
study for a project for--
(i) flood risk management;
(ii) hurricane and storm damage
reduction, including levees,
floodwalls, flood control channels, and
water control structures;
(iii) coastal harbor and channel and
inland navigation; and
(iv) aquatic ecosystem restoration.
(B) Use of non-federal funds.--
(i) In general.--A non-Federal
interest that has entered into an
agreement with the Secretary pursuant
to subparagraph (A) may use non-Federal
funds to carry out the feasibility
study.
(ii) Credit.--The Secretary shall
credit towards the non-Federal share of
the cost of construction of a project
for which a feasibility study is
carried out under this subsection an
amount equal to the portion of the cost
of developing the study that would have
been the responsibility of the
Secretary, if the study were carried
out by the Secretary, subject to the
conditions that--
(I) non-Federal funds were
used to carry out the
activities that would have been
the responsibility of the
Secretary;
(II) the Secretary determines
that the feasibility study
complies with all applicable
Federal laws and regulations;
and
(III) the project is
authorized by any provision of
Federal law enacted after the
date on which an agreement is
entered into under subparagraph
(A).
(C) Transfer of funds.--
(i) In general.--After the date on
which an agreement is executed pursuant
to subparagraph (A), the Secretary may
transfer to the non-Federal interest to
carry out the feasibility study--
(I) if applicable, the
balance of any unobligated
amounts appropriated for the
study, except that the
Secretary shall retain
sufficient amounts for the
Corps of Engineers to carry out
any responsibilities of the
Corps of Engineers relating to
the project and pilot program;
and
(II) additional amounts, as
determined by the Secretary,
from amounts made available
under paragraph (8), except
that the total amount
transferred to the non-Federal
interest shall not exceed the
updated estimate of the Federal
share of the cost of the
feasibility study.
(ii) Administration.--The Secretary
shall include such provisions as the
Secretary determines to be necessary in
an agreement under subparagraph (A) to
ensure that a non-Federal interest
receiving Federal funds under this
paragraph--
(I) has the necessary
qualifications to administer
those funds; and
(II) will comply with all
applicable Federal laws
(including regulations)
relating to the use of those
funds.
(D) Notification.--The Secretary shall notify
the Committee on Environment and Public Works
of the Senate and the Committee on
Transportation and Infrastructure of the House
of Representatives on the initiation of each
feasibility study under the pilot program.
(E) Auditing.--The Secretary shall regularly
monitor and audit each feasibility study
carried out by a non-Federal interest under
this section to ensure that the use of any
funds transferred under subparagraph (C) are
used in compliance with the agreement signed
under subparagraph (A).
(F) Technical assistance.--On the request of
a non-Federal interest, the Secretary may
provide technical assistance to the non-Federal
interest relating to any aspect of the
feasibility study, if the non-Federal interest
contracts with the Secretary for the technical
assistance and compensates the Secretary for
the technical assistance.
(G) Detailed project schedule.--Not later
than 180 days after entering into an agreement
under subparagraph (A), each non-Federal
interest, to the maximum extent practicable,
shall submit to the Secretary a detailed
project schedule, based on full funding
capability, that lists all deadlines for
milestones relating to the feasibility study.
(4) Cost share.--Nothing in this subsection affects
the cost-sharing requirement applicable on the day
before the date of enactment of this Act to a
feasibility study carried out under this subsection.
(5) Report.--
(A) In general.--Not later than 2 years after
the date of enactment of this Act, the
Secretary shall submit to the Committee on
Environment and Public Works of the Senate and
the Committee on Transportation and
Infrastructure of the House of Representatives
and make publicly available a report detailing
the results of the pilot program carried out
under this section, including--
(i) a description of the progress of
the non-Federal interests in meeting
milestones in detailed project
schedules developed pursuant to
paragraph (3)(G); and
(ii) any recommendations of the
Secretary concerning whether the
program or any component of the program
should be implemented on a national
basis.
(B) Update.--Not later than 5 years after the
date of enactment of this Act, the Secretary
shall submit to the Committee on Environment
and Public Works of the Senate and the
Committee on Transportation and Infrastructure
of the House of Representatives an update of
the report described in subparagraph (A).
(C) Failure to meet deadline.--If the
Secretary fails to submit a report by the
required deadline under this paragraph, 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 detailed explanation of why the deadline was
missed and a projected date for submission of
the report.
(6) Administration.--All laws and regulations that
would apply to the Secretary if the Secretary were
carrying out the feasibility study shall apply to a
non-Federal interest carrying out a feasibility study
under this subsection.
(7) Termination of authority.--The authority to
commence a feasibility study under this subsection
terminates on the date that is 5 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.
(b) Non-Federal Project Implementation Pilot Program.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
establish and implement a pilot program to evaluate the
cost-effectiveness and project delivery efficiency of
allowing non-Federal interests to carry out flood risk
management, hurricane and storm damage reduction,
coastal harbor and channel inland navigation, and
aquatic ecosystem restoration projects.
(2) Purposes.--The purposes of the pilot program
are--
(A) to identify project delivery and cost-
saving alternatives that reduce the backlog of
authorized Corps of Engineers projects;
(B) to evaluate the technical, financial, and
organizational efficiencies of a non-Federal
interest carrying out the design, execution,
management, and construction of 1 or more
projects; and
(C) to evaluate alternatives for the
decentralization of the project management,
design, and construction for authorized Corps
of Engineers water resources projects.
(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,
including--
(I) not more than 12 projects
that--
(aa)(AA) have
received Federal funds
prior to the date of
enactment of this Act;
or
(BB) for more
than 2
consecutive
fiscal years,
have an
unobligated
funding balance
for that
project in the
Corps of
Engineers
construction
account; and
(bb) to the maximum
extent practicable, are
located in each of the
divisions of the Corps
of Engineers; and
(II) not more than 3 projects
that have not received Federal
funds in the period beginning
on the date on which the
project was authorized and
ending on the date of enactment
of this Act;
(ii) notify the Committee on
Environment and Public Works of the
Senate and the Committee on
Transportation and Infrastructure of
the House of Representatives on the
identification of each project under
the pilot program;
(iii) in collaboration with the non-
Federal interest, develop a detailed
project management plan for each
identified project that outlines the
scope, budget, design, and construction
resource requirements necessary for the
non-Federal interest to execute the
project, or a separable element of the
project;
(iv) on the request of the non-
Federal interest, enter into a project
partnership agreement with the non-
Federal interest for the non-Federal
interest to provide full project
management control for construction of
the project, or a separable element of
the project, in accordance with plans
approved by the Secretary;
(v) following execution of the
project partnership agreement, transfer
to the non-Federal interest to carry
out construction of the project, or a
separable element of the project--
(I) if applicable, the
balance of the unobligated
amounts appropriated for the
project, except that the
Secretary shall retain
sufficient amounts for the
Corps of Engineers to carry out
any responsibilities of the
Corps of Engineers relating to
the project and pilot program;
and
(II) additional amounts, as
determined by the Secretary,
from amounts made available
under paragraph (8), except
that the total amount
transferred to the non-Federal
interest shall not exceed the
updated estimate of the Federal
share of the cost of
construction, including any
required design; and
(vi) regularly monitor and audit each
project being constructed by a non-
Federal interest under this section to
ensure that the construction activities
are carried out in compliance with the
plans approved by the Secretary and
that the construction costs are
reasonable.
(B) Detailed project schedule.--Not later
than 180 days after entering into an agreement
under subparagraph (A)(iv), each non-Federal
interest, to the maximum extent practicable,
shall submit to the Secretary a detailed
project schedule, based on estimated funding
levels, that lists all deadlines for each
milestone in the construction of the project.
(C) Technical assistance.--On the request of
a non-Federal interest, the Secretary may
provide technical assistance to the non-Federal
interest, if the non-Federal interest contracts
with and compensates the Secretary for the
technical assistance relating to--
(i) any study, engineering activity,
and design activity for construction
carried out by the non-Federal interest
under this subsection; and
(ii) expeditiously obtaining any
permits necessary for the project.
(4) Cost share.--Nothing in this subsection affects
the cost-sharing requirement applicable on the day
before the date of enactment of this Act to a project
carried out under this subsection.
(5) Report.--
(A) In general.--Not later than 3 years after
the date of enactment of this Act, the
Secretary shall submit to the Committee on
Environment and Public Works of the Senate and
the Committee on Transportation and
Infrastructure of the House of Representatives
and make publicly available a report detailing
the results of the pilot program carried out
under this subsection, including--
(i) a description of the progress of
non-Federal interests in meeting
milestones in detailed project
schedules developed pursuant to
paragraph (2)(B); and
(ii) any recommendations of the
Secretary concerning whether the
program or any component of the program
should be implemented on a national
basis.
(B) Update.--Not later than 5 years after the
date of enactment of this Act, the Secretary
shall submit to the Committee on Environment
and Public Works of the Senate and the
Committee on Transportation and Infrastructure
of the House of Representatives an update of
the report described in subparagraph (A).
(C) Failure to meet deadline.--If the
Secretary fails to submit a report by the
required deadline under this paragraph, 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 detailed explanation of why the deadline was
missed and a projected date for submission of
the report.
(6) Administration.--All laws and regulations that
would apply to the Secretary if the Secretary were
carrying out the project shall apply to a non-Federal
interest carrying out a project under this subsection.
(7) Termination of authority.--The authority to
commence a project under this subsection terminates on
the date that is 5 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] 2019 through 2023.
* * * * * * *
TITLE II--NAVIGATION
Subtitle A--Inland Waterways
* * * * * * *
SEC. 2010. UPPER MISSISSIPPI RIVER PROTECTION.
(a) Definition of Upper St. Anthony Falls Lock and Dam.--In
this section, the term ``Upper St. Anthony Falls Lock and Dam''
means the lock and dam located on Mississippi River Mile 853.9
in Minneapolis, Minnesota.
(b) Mandatory Closure.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall close the Upper
St. Anthony Falls Lock and Dam.
(c) Emergency Operations.--Nothing in this section prevents
the Secretary from carrying out emergency lock operations
necessary to mitigate flood damage.
(d) Considerations.--In carrying out a disposition study with
respect to the Upper St. Anthony Falls Lock and Dam, including
a disposition study under section 216 of the Flood Control Act
of 1970 (33 U.S.C. 549a), the Secretary may not complete such
study until the Secretary considers, and issues a report to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate on--
(1) the feasibility of carrying out modifications to
the Upper St. Anthony Falls Lock and Dam to--
(A) preserve and enhance recreational
opportunities and the health of the ecosystem;
and
(B) maintain the benefits to the natural
ecosystem and human environment; and
(2) the preservation of any portion of the Upper St.
Anthony Falls Lock and Dam necessary to maintain flood
control.
* * * * * * *
TITLE III--SAFETY IMPROVEMENTS AND ADDRESSING EXTREME WEATHER EVENTS
* * * * * * *
Subtitle C--Additional Safety Improvements and Risk Reduction Measures
* * * * * * *
SEC. 3025. POST-DISASTER WATERSHED ASSESSMENTS.
(a) Watershed Assessments.--
(1) In general.--In an area that 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), the
Secretary may carry out a watershed assessment to
identify, to the maximum extent practicable, specific
flood risk reduction, hurricane and storm damage
reduction, ecosystem restoration, or navigation project
recommendations that will help to rehabilitate and
improve the resiliency of damaged infrastructure and
natural resources to reduce risks to human life and
property from future natural disasters.
(2) Existing projects.--A watershed assessment
carried out paragraph (1) may identify existing
projects being carried out under 1 or more of the
authorities referred to in subsection (b)(1).
(3) Duplicate watershed assessments.--In carrying out
a watershed assessment under paragraph (1), the
Secretary shall use all existing watershed assessments
and related information developed by the Secretary or
other Federal, State, or local entities.
(b) Projects.--
(1) In general.--The Secretary may carry out projects
identified under a watershed assessment under
subsection (a) in accordance with the criteria for
projects carried out under one of the following
authorities:
(A) Section 205 of the Flood Control Act of
1948 (33 U.S.C. 701s).
(B) Section 111 of the River and Harbor Act
of 1968 (33 U.S.C. 426i).
(C) Section 206 of the Water Resources
Development Act of 1996 (33 U.S.C. 2330).
(D) Section 1135 of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a).
(E) Section 107 of the River and Harbor Act
of 1960 (33 U.S.C. 577).
(F) Section 3 of the Act of August 13, 1946
(33 U.S.C. 426g).
(2) Annual plan.--For each project that does not meet
the criteria under paragraph (1), the Secretary shall
include a recommendation relating to the project in the
annual report submitted to Congress by the Secretary in
accordance with section 7001.
(3) Existing projects.--In carrying out a project
under paragraph (1), the Secretary shall--
(A) to the maximum extent practicable, use
all existing information and studies available
for the project; and
(B) not require any element of a study
completed for the project prior to the disaster
to be repeated.
(c) Requirements.--All requirements applicable to a project
under the Acts described in subsection (b) shall apply to the
project.
(d) Limitations on Assessments.--A watershed assessment under
subsection (a) shall be initiated not later than 2 years after
the date on which the major disaster declaration is issued.
(e) Assessments in the Territories of the United States.--
(1) In general.--For any major disaster declared in
the territories of the United States before the date of
enactment of this subsection, all activities in the
territory carried out or undertaken pursuant to the
authorities described under this section shall be
conducted at full Federal expense unless the President
determines that the territory has the ability to pay
the cost share for an assessment under this section
without the use of non-Federal funds or loans.
(2) Territories defined.--In this subsection, the
term ``territories of the United States'' means those
insular areas specified in section 1156(a)(1) of the
Water Resources Development Act of 1986 (33 U.S.C.
2310(a)(1)).
* * * * * * *
TITLE VI--DEAUTHORIZATION AND BACKLOG PREVENTION
* * * * * * *
SEC. 6003. 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] 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] 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).
(b) Report to Congress.--Not later than 60 days after the
expiration of the 12-year period beginning on the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives, and make available to the public, a report
that contains--
(1) a list of any water resources development
projects authorized by this Act for which construction
has not been completed during that period;
(2) a description of the reasons the projects were
not completed;
(3) a schedule for the completion of the projects
based on expected levels of appropriations; and
(4) a 5-year and 10-year projection of construction
backlog and any recommendations to Congress regarding
how to mitigate current problems and the backlog.
* * * * * * *
----------
ACT OF OCTOBER 15, 1940
AN ACT To authorize the Secretary of War to accept, as loans, from
States and political subdivisions thereof, funds to be immediately used
in the prosecution of authorized flood-control work, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That
whenever any State or political subdivision thereof shall offer
to advance funds for [a flood-control project duly adopted and
authorized by law] a federally authorized water resources
development 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 project. 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 appropriations are provided
by Congress for such purpose, the moneys so contributed and
expended: Provided, however, That no repayment of funds which
may be contributed for the purpose of meeting any conditions of
local cooperation imposed by Congress, or under the authority
of section 5 of the Flood Control Act approved, June 22, 1936,
as amended, shall be made. For purposes of this Act, the term
``State'' means the several States, the District of Columbia,
the commonwealths, territories, and possessions of the United
States, and Indian tribes (as defined in section 4(e) of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304(e))).
----------
SECTION 11 OF THE ACT OF MARCH 3, 1925
AN ACT authorizing the construction, repair, and preservation of
certain public works on rivers and harbors, and for other purposes.
* * * * * * *
[Sec. 11. That whenever local interests shall offer to
advance funds for the prosecution of a work of river and harbor
improvement duly adopted and authorized by law the Secretary of
the War may, in his discretion, receive such funds and expend
the same in the immediate prosecution of such work. The
Secretary of the War is hereby authorized and directed to repay
without interest, from appropriations which may be provided by
Congress for river and harbor improvements, the moneys so
contributed and expended: Provided, That no repayment of funds
which may be contributed for the purpose of meeting any
conditions of local cooperation imposed by Congress, nor under
the authority of section 4 of the River and Harbor Act,
approved March 4, 1915, shall be made.]
* * * * * * *
----------
WATER RESOURCES DEVELOPMENT ACT OF 2000
* * * * * * *
TITLE II--GENERAL PROVISIONS
* * * * * * *
SEC. 214. FUNDING TO PROCESS PERMITS.
(a) Funding to Process Permits.--
(1) Definitions.--In this subsection:
(A) Natural gas company.--The term ``natural
gas company'' has the meaning given the term in
section 1262 of the Public Utility Holding
Company Act of 2005 (42 U.S.C. 16451), except
that the term also includes a person engaged in
the transportation of natural gas in intrastate
commerce.
(B) Public-utility company.--The term
``public-utility company'' has the meaning
given the term in section 1262 of the Public
Utility Holding Company Act of 2005 (42 U.S.C.
16451).
(C) Railroad carrier.--The term ``railroad
carrier'' has the meaning given the term in
section 20102 of title 49, United States Code.
(2) Permit processing.--The Secretary, after public
notice, may accept and expend funds contributed by a
non-Federal public entity or a public-utility company,
natural gas company, or railroad carrier to expedite
the evaluation of a permit of that entity, company, or
carrier related to a project or activity for a public
purpose under the jurisdiction of the Department of the
Army.
(3) Limitation for public-utility and natural gas
companies.--The authority provided under paragraph (2)
to a public-utility company, natural gas company, or
railroad carrier shall expire on the date that is [10
years] 12 years after the date of enactment of this
paragraph.
(4) Effect on other entities.--To the maximum extent
practicable, the Secretary shall ensure that expediting
the evaluation of a permit through the use of funds
accepted and expended under this section does not
adversely affect the timeline for evaluation (in the
Corps district in which the project or activity is
located) of permits under the jurisdiction of the
Department of the Army of other entities that have not
contributed funds under this section.
(5) GAO study.--Not later than [4 years after the
date of enactment of this paragraph] December 31, 2022,
the Comptroller General of the United States shall
[carry out a study] carry out a followup study of the
implementation by the Secretary of the authority
provided under paragraph (2) to public-utility
companies, natural gas companies, and railroad
carriers, including an evaluation of the compliance
with the requirements of this section and, with respect
to a permit for those entities, the requirements of
applicable Federal laws.
(b) Effect on Permitting.--
(1) In general.--In carrying out this section, the
Secretary shall ensure that the use of funds accepted
under subsection (a) will not impact impartial
decisionmaking with respect to permits, either
substantively or procedurally.
(2) Impartial decisionmaking.--In carrying out this
section, the Secretary shall ensure that the evaluation
of permits carried out using funds accepted under this
section shall--
(A) be reviewed by--
(i) the District Commander, or the
Commander's designee, of the Corps
District in which the project or
activity is located; or
(ii) the Commander of the Corps
Division in which the District is
located if the evaluation of the permit
is initially conducted by the District
Commander; and
(B) utilize the same procedures for decisions
that would otherwise be required for the
evaluation of permits for similar projects or
activities not carried out using funds
authorized under this section.
(c) Limitation on Use of Funds.--None of the funds accepted
under this section shall be used to carry out a review of the
evaluation of permits required under subsection (b)(2)(A).
(d) Public Availability.--
(1) In general.--The Secretary shall ensure that all
final permit decisions carried out using funds
authorized under this section are made available to the
public in a common format, including on the Internet,
and in a manner that distinguishes final permit
decisions under this section from other final actions
of the Secretary.
(2) Decision document.--The Secretary shall--
(A) use a standard decision document for
evaluating all permits using funds accepted
under this section; and
(B) make the standard decision document,
along with all final permit decisions,
available to the public, including on the
Internet.
(3) Agreements.--The Secretary shall make all active
agreements to accept funds under this section available
on a single public Internet site.
(e) Reporting.--
(1) In general.--The Secretary shall prepare an
annual report on the implementation of this section,
which, at a minimum, shall include for each district of
the Corps of Engineers that accepts funds under this
section--
(A) a comprehensive list of any funds
accepted under this section during the previous
fiscal year;
(B) a comprehensive list of the permits
reviewed and approved using funds accepted
under this section during the previous fiscal
year, including a description of the size and
type of resources impacted and the mitigation
required for each permit; and
(C) a description of the training offered in
the previous fiscal year for employees that is
funded in whole or in part with funds accepted
under this section.
(2) Submission.--Not later than 90 days after the end
of each fiscal year, the Secretary shall--
(A) submit to the Committee on Environment
and Public Works of the Senate and the
Committee on Transportation and Infrastructure
of the House of Representatives the annual
report described in paragraph (1); and
(B) make each report received under
subparagraph (A) available on a single publicly
accessible Internet site.
* * * * * * *
----------
FLOOD CONTROL ACT OF 1946
* * * * * * *
Sec. 14. That the Secretary of the Army is hereby authorized
to allot from any appropriations heretofore or hereafter made
for flood control, not to exceed $20,000,000 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
shall be allotted for this purpose at any single locality from
the appropriations for any one fiscal year, and if such amount
is not sufficient to cover the costs included in the Federal
cost share for a project, as determined by the Secretary, the
non-Federal interest shall be responsible for any such costs
that exceed such amount.
----------
RIVER AND HARBOR ACT OF 1960
Sec. 107. (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.
(c) Local interests shall provide without cost to the United
States all necessary lands, easements and rights-of-way for all
projects to be constructed under the authority of this section.
In addition, local interests may be required to hold and save
the United States free from damages that may result from the
construction and maintenance of the project and may be required
to provide such additional local cooperation as the Chief of
Engineers deems appropriate. A State, county, municipality or
other responsible local entity shall give assurance
satisfactory to the Chief of Engineers that such conditions of
cooperation as are required will be accomplished.
(d) Non-Federal interests may be required to share in the
cost of the project to the extent that the Chief of Engineers
deems that such cost should not be borne by the Federal
Government in view of the recreational or otherwise special or
local nature of the project benefits.
(e) Each project for which money is allotted under this
section shall be complete in itself and not commit the United
States to any additional improvement to insure its successful
operation, other than routine maintenance, and except as may
result from the normal procedure applying to projects
authorized after submission of survey reports, and projects
constructed under the authority of this section shall be
considered as authorized projects.
(f) This section shall apply to, but not be limited to, the
provision of low water access navigation channels from the
existing channel of the Mississippi River to harbor areas
heretofore or now established and located along the Mississippi
River.
----------
WATER RESOURCES DEVELOPMENT ACT OF 1990
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water
Resources Development Act of 1990''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE III--GENERALLY APPLICABLE PROVISIONS
* * * * * * *
[Sec. 314. Operation and maintenance of hydroelectric facilities]
Sec. 314. Operation and maintenance of navigation and hydroelectric
facilities.
* * * * * * *
SEC. 314. OPERATION AND MAINTENANCE OF NAVIGATION AND HYDROELECTRIC
FACILITIES.
[Activities currently performed] (a) In General._Activities
currently performed by personnel under the direction of the
Secretary in connection with the operation and maintenance of
navigation or hydroelectric power generating facilities at
Corps of Engineers water resources projects are to be
considered as inherently governmental functions and not
commercial activities. [This section]
(b) Major Maintenance Contracts Allowed.--This section does
not prohibit contracting out major maintenance or other
functions which are currently contracted out or studying
services not directly connected with project maintenance and
operations.
(c) Exclusion.--This section does not--
(1) apply to a navigation facility that was under
contract on or before the date of enactment of this
subsection with a non-Federal interest to perform
operations or maintenance; and
(2) prohibit the Secretary from contracting out
commercial activities after the date of enactment of
this subsection at a navigation facility.
* * * * * * *
----------
WATER RESOURCES DEVELOPMENT ACT OF 1992
* * * * * * *
TITLE II--GENERALLY APPLICABLE PROVISIONS
* * * * * * *
SEC. 219. ENVIRONMENTAL INFRASTRUCTURE.
(a) In General.--The Secretary is authorized to provide
assistance to non-Federal interests for carrying out water-
related environmental infrastructure and resource protection
and development projects described in subsection (c), including
waste water treatment and related facilities and water supply,
storage, treatment, and distribution facilities. Such
assistance may be in the form of technical and planning and
design assistance. If the Secretary is to provide any design or
engineering assistance to carry out a project under this
section, the Secretary shall obtain by procurement from private
sources all services necessary for the Secretary to provide
such assistance, unless the Secretary finds that--
(1) the service would require the use of a new
technology unavailable in the private sector; or
(2) a solicitation or request for proposal has failed
to attract 2 or more bids or proposals.
(b) Non-Federal Share.--The non-Federal share of the cost of
projects for which assistance is provided under this section
shall not be less than 25 percent, except that such share shall
be subject to the ability of the non-Federal interest to pay,
including the procedures and regulations relating to ability to
pay established under section 103(m) of the Water Resources
Development Act of 1986.
(c) Project Descriptions.--The projects for which the
Secretary is authorized to provide assistance under subsection
(a) are as follows:
(1) Washington, d.c. and maryland.--Measures to
alleviate adverse water quality impacts resulting from
storm water discharges from Federal facilities in the
Anacostia River watershed, Washington, D.C. and
Maryland.
(2) Atlanta, georgia.--A combined sewer overflow
treatment facility for the city of Atlanta, Georgia.
(3) Hazard, kentucky.--A water system (including a
13,000,000 gallon per day water treatment plant),
intake structures, raw water pipelines and pumps,
distribution lines, and pumps and storage tanks for
Hazard, Kentucky.
(4) Rouge river, michigan.--Completion of a
comprehensive streamflow enhancement project for the
Western Townships Utility Authority, Rouge River, Wayne
County, Michigan.
(5) Jackson county, mississippi.--Provision of an
alternative water supply and projects for the design,
installation, enhancement, or repair of sewer systems
for Jackson County, Mississippi.
(6) Epping, new hampshire.--Evaluation and assistance
in addressing expanded and advanced wastewater
treatment needs for Epping, New Hampshire.
(7) Manchester, new hampshire.--Elimination of
combined sewer overflows in the city of Manchester, New
Hampshire.
(8) Rochester, new hampshire.--Provision of advanced
wastewater treatment for the city of Rochester, New
Hampshire.
(9) Paterson and passaic county, new jersey.--
Drainage facilities to alleviate flooding problems on
Getty Avenue in the vicinity of St. Joseph's Hospital
for the city of Paterson, New Jersey, and Passaic
County, New Jersey.
(10) State of new jersey and new jersey wastewater
treatment trust.--The development of innovative
beneficial uses of sewage sludge and conventional and
innovative facilities to dispose of sewage sludge or to
make reusable products from sewage sludge for local
government units that ceased the discharge of sewage
sludge in the Atlantic Ocean.
(11) Erie county, new york.--A tunnel from North
Buffalo, New York, to Amherst Quarry to relieve
flooding and improve water quality.
(12) Erie county, new york.--A sludge processing
disposal facility to serve the Erie County Sewer
District 5, New York.
(13) Otsego county, new york.--A water storage tank
and an adequate water filtration system for the Village
of Milford, Otsego County, New York.
(14) Chenango county, new york.--A primary source
water well and improvement of a water distribution
system for New Berlin, Chenango County, New York.
(15) Greensboro and glassworks, pennsylvania.--A
sewage treatment plant for the borough of Greensboro,
Pennsylvania, and the unincorporated village of
Glassworks, Pennsylvania.
(16) Lynchburg, virginia.--Alleviation of combined
sewer overflows for Lynchburg, Virginia, in accordance
with combined sewer overflow control plans adopted by,
and currently being implemented by, the non-Federal
sponsor.
(17) Richmond, virginia.--Alleviation of combined
sewer overflows for Richmond, Virginia, in accordance
with combined sewer overflow control plans adopted by,
and currently being implemented by, the non-Federal
sponsor.
(18) Colonias along united states-mexico border.--
Wastewater treatment facilities, water systems
(including water treatment plants), intake structures,
raw water pipelines and pumps, distribution lines, and
pumps and storage tanks for colonias in the United
States along the United States-Mexico border.
(19) Marana, arizona.--Wastewater treatment and
distribution infrastructure, Marana, Arizona.
(20) Eastern arkansas enterprise community,
arkansas.--Water-related infrastructure, Eastern
Arkansas Enterprise Community, Cross, Lee, Monroe, and
St. Francis Counties, Arkansas.
(21) Chino hills, california.--Storm water and sewage
collection infrastructure, Chino Hills, California.
(22) Clear lake basin, california.--Water-related
infrastructure and resource protection, Clear Lake
Basin, California.
(23) Desert hot springs, california.--Resource
protection and wastewater infrastructure, Desert Hot
Springs, California.
(24) Eastern municipal water district, california.--
Regional water-related infrastructure, Eastern
Municipal Water District, California.
(25) Huntington beach, california.--Water supply and
wastewater infrastructure, Huntington Beach,
California.
(26) Inglewood, california.--Water infrastructure,
Inglewood, California.
(27) Los osos, california.--Wastewater
infrastructure, Los Osos, California.
(28) Norwalk, california.--Water-related
infrastructure, Norwalk, California.
(29) Key biscayne, florida.--Sanitary sewer
infrastructure, Key Biscayne, Florida.
(30) South tampa, florida.--Water supply and aquifer
storage and recovery infrastructure, South Tampa,
Florida.
(31) Fort wayne, indiana.--Combined sewer overflow
infrastructure and wetlands protection, Fort Wayne,
Indiana.
(32) Indianapolis, indiana.--Combined sewer overflow
infrastructure, Indianapolis, Indiana.
(33) St. charles, st. bernard, and plaquemines
parishes, louisiana.--Water and wastewater
infrastructure, St. Charles, St. Bernard, and
Plaquemines Parishes, Louisiana.
(34) St. john the baptist and st. james parishes,
louisiana.--Water and sewer improvements, St. John the
Baptist and St. James Parishes, Louisiana.
(35) Union county, north carolina.--Water
infrastructure, Union County, North Carolina.
(36) Hood river, oregon.--Water transmission
infrastructure, Hood River, Oregon.
(37) Medford, oregon.--Sewer collection
infrastructure, Medford, Oregon.
(38) Portland, oregon.--Water infrastructure and
resource protection, Portland, Oregon.
(39) Coudersport, pennsylvania.--Sewer system
extensions and improvements, Coudersport, Pennsylvania.
(40) Park city, utah.--Water supply infrastructure,
Park City, Utah.
(41) Winchester, kentucky.--Wastewater
infrastructure, Winchester, Kentucky.
(d) Authorization of Appropriations.--There is authorized to
be appropriated for providing assistance under this section
$30,000,000. Such sums shall remain available until expended.
(e) Authorization of Appropriations for Construction
Assistance.--There are authorized to be appropriated for
providing construction assistance under this section--
(1) $32,500,000 for the project described in
subsection (c)(5);
(2) $2,000,000 for the project described in
subsection (c)(6);
(3) $20,000,000 for the project described in
subsection (c)(7);
(4) $11,000,000 for the project described in
subsection (c)(8);
(5) $25,000,000 for the project described in
subsection (c)(2);
(6) $30,000,000 for the project described in
subsection (c)(9);
(7) $30,000,000 for the project described in
subsection (c)(16);
(8) $30,000,000 for the project described in
subsection (c)(17);
(9) $35,000,000 for the project described in
subsection (c)(18);
(10) $27,000,000 for the project described in
subsection (c)(19);
(11) $20,000,000 for the project described in
subsection (c)(20);
(12) $35,000,000 for the project described in
subsection (c)(23);
(13) $20,000,000 for the project described in
subsection (c)(25);
(14) $20,000,000 for the project described in
subsection (c)(26);
(15) $35,000,000 for the project described in
subsection (c)(27);
(16) $20,000,000 for the project described in
subsection (c)(28); and
(17) $30,000,000 for the project described in
subsection (c)(40).
(f) Additional Assistance.--The Secretary may provide
assistance under subsection (a) and assistance for construction
for the following:
(1) Atlanta, georgia.--The project described in
subsection (c)(2), modified to include watershed
restoration and development in the regional Atlanta
watershed, including Big Creek and Rock Creek.
(2) Paterson, passaic county, and passaic valley, new
jersey.--The project described in subsection (c)(9),
modified to include drainage facilities to alleviate
flooding problems on Getty Avenue in the vicinity of
St. Joseph's Hospital for the city of Paterson, New
Jersey, and Passaic County, New Jersey, and innovative
facilities to manage and treat additional flows in the
Passaic Valley, Passaic River basin, New Jersey.
(3) Nashua, new hampshire.--$20,000,000 for a project
to eliminate or control combined sewer overflows in the
city of Nashua, New Hampshire.
(4) Fall river and new bedford, massachusetts.--
$35,000,000 for a project to eliminate or control
combined sewer overflows in the cities of Fall River
and New Bedford, Massachusetts.
(5) Findlay township, pennsylvania.--$11,000,000 for
water and wastewater infrastructure in Findlay
Township, Allegheny County, Pennsylvania.
(6) Dillsburg borough authority, pennsylvania.--
$2,000,000 for water and wastewater infrastructure in
Franklin Township, York County, Pennsylvania.
(7) Hampden township, pennsylvania.--$3,000,000 for
water, sewer, and storm sewer improvements in Hampden
Township, Pennsylvania.
(8) Towamencin township, pennsylvania.--$1,500,000
for sanitary sewer and water and wastewater
infrastructure in Towamencin Township, Pennsylvania.
(9) Dauphin county, pennsylvania.--$2,000,000 for a
project to eliminate or control combined sewer
overflows and water system rehabilitation for the city
of Harrisburg, Dauphin County, Pennsylvania.
(10) Eastern shore and southwest virginia.--
(A) In general.--$20,000,000 for water
supply, wastewater infrastructure, and
environmental restoration projects in the
counties of Accomac, Northampton, Lee, Norton,
Wise, Scott, Russell, Dickenson, Buchanan, and
Tazewell, Virginia.
(B) Credit.--The Secretary shall credit, in
accordance with section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b),
toward the non-Federal share of the cost of the
project the cost of work carried out by the
non-Federal interest for the project before the
date of the partnership agreement for the
project.
(11) Northeast pennsylvania.--$20,000,000 for water
related infrastructure in the counties of Lackawanna,
Lycoming, Susquehanna, Wyoming, Pike, Wayne, Sullivan,
Bradford, Northumberland, Union, Snyder, Luzerne, and
Monroe, Pennsylvania, including assistance for the
Mountoursville Regional Sewer Authority, Lycoming
County, Pennsylvania.
(12) Calumet region, indiana.--
(A) In general.--$100,000,000 for water
related infrastructure projects in the counties
of Benton, Jasper, Lake, Newton, and Porter,
Indiana.
(B) Credit.--The Secretary shall credit, in
accordance with section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b),
toward the non-Federal share of the cost of the
project the cost of planning and design work
carried out by the non-Federal interest for the
project before the date of the partnership
agreement for the project.
(13) Clinton county, pennsylvania.--$2,000,000 for
water related infrastructure in Clinton County,
Pennsylvania.
(14) Patton township, pennsylvania.--$1,400,000 for
water related infrastructure in Patton Township,
Pennsylvania.
(15) North fayette township, allegheny county,
pennsylvania.--$500,000 for water related
infrastructure in North Fayette Township, Allegheny
County, Pennsylvania.
(16) Springdale borough, pennsylvania.--$500,000 for
water related infrastructure in Springdale Borough,
Pennsylvania.
(17) Robinson township, pennsylvania.--$1,200,000 for
water related infrastructure in Robinson Township,
Pennsylvania.
(18) Upper allen township, pennsylvania.--$3,400,000
for water related infrastructure in Upper Allen
Township, Pennsylvania.
(19) Jefferson township, greene county,
pennsylvania.--$1,000,000 for water related
infrastructure in Jefferson Township, Greene County,
Pennsylvania.
(20) Lumberton, north carolina.--$1,700,000 for water
and wastewater infrastructure projects in Lumberton,
North Carolina.
(21) Baton rouge, louisiana.--$35,000,000 for water
related infrastructure for the parishes of East Baton
Rouge, Ascension, and Livingston, Louisiana.
(22) East san joaquin county, california.--
(A) In general.--$25,000,000 for ground water
recharge and conjunctive use projects in
Stockton East Water District, California.
(B) Credit.--The Secretary shall credit, in
accordance with section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b),
toward the non-Federal share of the cost of the
project the cost of design and construction
work carried out by the non-Federal interest
for the project before the date of the
partnership agreement for the project.
(C) In-kind contributions.--The non-Federal
interest may provide any portion of the non-
Federal share of the cost of the project in the
form of in-kind services and materials.
(23) Sacramento area, california.--$35,000,000 for
regional water conservation and recycling projects in
Placer and El Dorado Counties and the San Juan Suburban
Water District, California.
(24) Cumberland county, tennessee.--$5,000,000 for
water supply projects in Cumberland County, Tennessee.
(25) Lakes marion and moultrie, south carolina.--
[$60,000,000] $89,550,000 for wastewater treatment and
water supply treatment and distribution projects in the
counties of Berkeley, Calhoun, Clarendon, Colleton,
Dorchester, and Orangeberg, South Carolina.
(26) Bridgeport, connecticut.--$10,000,000 for a
project to eliminate or control combined sewer
overflows in the city of Bridgeport, Connecticut.
(27) Hartford, connecticut.--$10,000,000 for a
project to eliminate or control combined sewer
overflows in the city of Hartford, Connecticut.
(28) New haven, connecticut.--$10,000,000 for a
project to eliminate or control combined sewer
overflows in the city of New Haven, Connecticut.
(29) Oakland county, michigan.--$20,000,000 for a
project to eliminate or control combined sewer
overflows in the cities of Berkley, Ferndale, Madison
Heights, Royal Oak, Birmingham, Hazel Park, Oak Park,
Southfield, Clawson, Huntington Woods, Pleasant Ridge,
and Troy, and the village of Beverly Hills, and the
Charter Township of Royal Oak, Michigan.
(30) Desoto county, mississippi.--$75,000,000 for a
wastewater infrastructure project in the county of
DeSoto, Mississippi.
(31) Kansas city, missouri.--$15,000,000 for a
project to eliminate or control combined sewer
overflows in the city of Kansas City, Missouri.
(32) St. louis, missouri.--$35,000,000 for projects
to eliminate or control combined sewer overflows in the
city of St. Louis and St. Louis County, Missouri.
(33) Elizabeth, new jersey.--$10,000,000 for a
project to eliminate or control combined sewer
overflows in the city of Elizabeth, New Jersey.
(34) North hudson, new jersey.--$20,000,000 for a
project to eliminate or control combined sewer
overflows for the North Hudson Sewerage Authority, New
Jersey.
(35) Inner harbor project, new york, new york.--
$15,000,000 for a project to eliminate or control
combined sewer overflows for the inner harbor project,
New York, New York.
(36) Outer harbor project, new york, new york.--
$15,000,000 for a project to eliminate or control
combined sewer overflows for the outer harbor project,
New York, New York.
(37) Lebanon, new hampshire.--$8,000,000 for a
project to eliminate or control combined sewer
overflows in the city of Lebanon, New Hampshire.
(38) Astoria, oregon.--$5,000,000 for a project to
eliminate or control combined sewer overflows in the
city of Astoria, Oregon.
(39) Cache county, utah.--$5,000,000 for a wastewater
infrastructure project for Cache County, Utah.
(40) Lawton, oklahoma.--$5,000,000 for a wastewater
infrastructure project for the city of Lawton,
Oklahoma.
(41) Lancaster, california.--$1,500,000 for a project
to provide water facilities for the Fox Field
Industrial Corridor, Lancaster, California.
(42) San ramon valley, california.--$15,000,000 for a
project for recycled water for San Ramon Valley,
California.
(43) Harbor/south bay, california.--[$35,000,000]
$70,000,000 for an industrial water reuse project for
the Harbor/South Bay area, California.
(45) Washington, d.c., and maryland.--$15,000,000 for
the project described in subsection (c)(1), modified to
include measures to eliminate or control combined sewer
overflows in the Anacostia River watershed.
(46) Duck river, cullman, alabama.--$5,000,000 for
water supply infrastructure, Duck River, Cullman,
Alabama.
(47) Union county, arkansas.--$52,000,000 for water
supply infrastructure, including facilities for
withdrawal, treatment, and distribution, Union County,
Arkansas.
(48) Cambria, california.--
(A) In general.--$10,300,000 for desalination
infrastructure, Cambria, California.
(B) Credit.--The Secretary shall credit, in
accordance with section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b),
toward the non-Federal share of the cost of the
project not to exceed $3,000,000 for the cost
of planning and design work carried out by the
non-Federal interest for the project before the
date of the partnership agreement for the
project.
(49) Los angeles harbor/terminal island,
california.--$6,500,000 for wastewater recycling
infrastructure, Los Angeles Harbor/Terminal Island,
California.
(50) North valley region, lancaster, california.--
$24,500,000 for water and wastewater infrastructure,
North Valley Region, Lancaster, California.
(51) San diego county, california.--$10,000,000 for
water-related infrastructure, San Diego County,
California.
(52) South perris, california.--$25,000,000 for water
supply desalination infrastructure, South Perris,
California.
(53) Aurora, illinois.--$8,000,000 for wastewater
infrastructure to reduce or eliminate combined sewer
overflows, Aurora, Illinois.
(54) Cook county, illinois.--$35,000,000 for water-
related infrastructure and resource protection and
development, Cook County, Illinois.
(55) Madison and st. clair counties, illinois.--
$10,000,000 for water and wastewater assistance,
Madison and St. Clair Counties, Illinois.
(56) Iberia parish, louisiana.--$5,000,000 for water
and wastewater infrastructure, Iberia Parish,
Louisiana.
(57) Kenner, louisiana.--$5,000,000 for wastewater
infrastructure, Kenner, Louisiana.
(58) Benton harbor, michigan.--$1,500,000 for water-
related infrastructure, City of Benton Harbor,
Michigan.
(59) Genesee county, michigan.--$6,700,000 for
wastewater infrastructure assistance to reduce or
eliminate sewer overflows, Genesee County, Michigan.
(60) Negaunee, michigan.--$10,000,000 for wastewater
infrastructure assistance, City of Negaunee, Michigan.
(61) Garrison, crow wing county, mille lacs county,
mille lacs indian reservation, and kathio township,
minnesota.--$17,000,000 for a wastewater infrastructure
project for the city of Garrison, Crow Wing County,
Mille Lacs County, Mille Lacs Indian Reservation
established by the treaty of February 22, 1855 (10
Stat. 1165), and Kathio Township, Minnesota. Such
assistance shall be provided directly to the Garrison-
Kathio-West Mille Lacs Lake Sanitary District,
Minnesota, except for assistance provided directly to
the Mille Lacs Band of Ojibwe at the discretion of the
Secretary.
(62) Newton, new jersey.--$7,000,000 for water
filtration infrastructure, Newton, New Jersey.
(63) Liverpool, new york.--$2,000,000 for water
infrastructure, including a pump station, Liverpool,
New York.
(64) Stanly county, north carolina.--$8,900,000 for
water and wastewater infrastructure, Stanly County,
North Carolina.
(65) Yukon, oklahoma.--$5,500,000 for water-related
infrastructure, including wells, booster stations,
storage tanks, and transmission lines, Yukon, Oklahoma.
(66) Allegheny county, pennsylvania.--
(A) In general.--$20,000,000 for water-
related environmental infrastructure, Allegheny
County, Pennsylvania.
(B) Credit.--The Secretary shall credit, in
accordance with section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b),
toward the non-Federal share of the cost of the
project the cost of work carried out by the
non-Federal interest for the project before the
date of the partnership agreement for the
project.
(67) Mount joy township and conewago township,
pennsylvania.--$8,300,000 for water and wastewater
infrastructure, Mount Joy Township and Conewago
Township, Pennsylvania.
(68) Phoenixville borough, chester county,
pennsylvania.--$2,400,000 for water and sewer
infrastructure, Phoenixville Borough, Chester County,
Pennsylvania.
(69) Titusville, pennsylvania.--$7,300,000 for storm
water separation and treatment plant upgrades,
Titusville, Pennsylvania.
(70) Washington, greene, westmoreland, and fayette
counties, pennsylvania.--$8,000,000 for water and
wastewater infrastructure, Washington, Greene,
Westmoreland, and Fayette Counties, Pennsylvania.
(71) Coronado, california.--
(A) $10,000,000 is authorized for wastewater
infrastructure, Coronado, California.
(B) The Federal Share may be in the form of
grants or reimbursements of project costs
incurred by the non-Federal sponsor for work
performed by the non-Federal sponsor before or
after the execution of a project cooperation
agreement, if the Secretary determines that
such work is integral to the project.
(C) The Secretary is authorized to credit
towards the non-Federal share of project costs
the costs incurred by the non-Federal sponsor
for work performed by the non-Federal sponsor
before or after the execution of a project
cooperation agreement, if the Secretary
determines that such work is integral to the
project.
(72) Charleston, south carolina.--$10,000,000 for
wastewater infrastructure, including wastewater
collection systems, and stormwater system improvements,
Charleston, South Carolina.
(73) Placer and el dorado counties, california.--
$35,000,000 to improve the efficiency and use of
existing water supplies in Placer and El Dorado
Counties, California, through water and wastewater
projects, programs, and infrastructure.
(74) Lassen, plumas, butte, sierra, and nevada
counties, california.--$25,000,000 to improve the
efficiency and use of existing water supplies in the
counties of Lassen, Plumas, Butte, Sierra, and Nevada,
California, through water and waste water projects,
programs, and infrastructure.
(75) Indianapolis, indiana.--$6,430,000 for
environmental infrastructure for Indianapolis, Indiana.
(76) St. Croix Falls, Wisconsin.--$5,000,000 for
waste water infrastructure, St. Croix Falls, Wisconsin.
(77) Alpine, california.--$10,000,000 is authorized
for a water transmission main, Alpine, CA.
(78) St. clair county, blount county, and cullman
county, alabama.--$5,000,000 for water related
infrastructure, St. Clair County, Blount County, and
Cullman County, Alabama.
(79) Crawford county, arkansas.--$35,000,000 for
water supply infrastructure, Crawford County, Arkansas.
(80) Alameda and contra costa counties, california.--
$25,000,000 for recycled water treatment facilities
within the East Bay Municipal Utility District service
area, Alameda and Contra Costa Counties, California.
(81) Aliso creek, orange county, california.--
$5,000,000 for water related infrastructure, Aliso
Creek, Orange County, California.
(82) Amador county, california.--$3,000,000 for
wastewater collection and treatment infrastructure,
Amador County, California.
(83) Arcadia, sierra madre, and upland, california.--
$33,000,000 for water and wastewater infrastructure,
Arcadia, Sierra Madre, and Upland, California,
including $13,000,000 for stormwater infrastructure for
Upland, California.
(84) Big bear area regional wastewater agency,
california.--$15,000,000 for water reclamation and
distribution infrastructure, Big Bear Area Regional
Wastewater Agency, California.
(85) Brawley colonia, imperial county, california.--
$1,400,000 for water infrastructure to improve water
quality in the Brawley Colonia Water District, Imperial
County, California.
(86) Calaveras county, california.--$3,000,000 for
water supply and wastewater infrastructure improvement
projects in Calaveras County, California, including
wastewater reclamation, recycling, and conjunctive use
projects.
(87) Contra costa water district, california.--
$23,000,000 for water and wastewater infrastructure for
the Contra Costa Water District, California.
(88) East bay, san francisco, and santa clara areas,
california.--$4,000,000 for a desalination project to
serve the East Bay, San Francisco, and Santa Clara
areas, California.
(89) East palo alto, california.--$4,000,000 for a
new pump station and stormwater management and drainage
system, East Palo Alto, California.
(90) Imperial county, california.--$10,000,000 for
wastewater infrastructure, including a wastewater
disinfection facility and polishing system, to improve
water quality in the vicinity of Calexico, California,
on the southern New River, Imperial County, California.
(91) La habra, california.--$5,000,000 for wastewater
and water related infrastructure, city of La Habra,
California.
(92) La mirada, california.--$4,000,000 for the
planning, design, and construction of a stormwater
program in La Mirada, California.
(93) Los angeles county, california.--$3,000,000 for
wastewater and water related infrastructure, Diamond
Bar, La Habra Heights, and Rowland Heights, Los Angeles
County, California.
(94) Los angeles county, california.--$20,000,000 for
the planning, design, and construction of water related
infrastructure for Santa Monica Bay and the coastal
zone of Los Angeles County, California.
(95) Malibu, california.--$3,000,000 for municipal
wastewater and recycled water infrastructure, Malibu
Creek Watershed Protection Project, Malibu, California.
(96) Montebello, california.--$4,000,000 for water
infrastructure improvements in south Montebello,
California.
(97) New river, california.--$10,000,000 for
wastewater infrastructure to improve water quality in
the New River, California.
(98) Orange county, california.--$10,000,000 for
wastewater and water related infrastructure, Anaheim,
Brea, Mission Viejo, Rancho Santa Margarita, and Yorba
Linda, Orange County, California.
(99) Port of stockton, stockton, california.--
$3,000,000 for water and wastewater infrastructure
projects for Rough and Ready Island and vicinity,
Stockton, California.
(100) Perris, california.--$3,000,000 for recycled
water transmission infrastructure, Eastern Municipal
Water District, Perris, California.
(101) San bernardino county, california.--$9,000,000
for wastewater and water related infrastructure, Chino
and Chino Hills, San Bernardino County, California.
(102) Santa clara county, california.--$5,500,000 for
an advanced recycling water treatment plant in Santa
Clara County, California.
(103) Santa monica, california.--$3,000,000 for
improving water system reliability, Santa Monica,
California.
(104) Southern los angeles county, california.--
$15,000,000 for environmental infrastructure for the
groundwater basin optimization pipeline, Southern Los
Angeles County, California.
(105) Stockton, california.--$33,000,000 for water
treatment and distribution infrastructure, Stockton,
California.
(106) Sweetwater reservoir, san diego county,
california.--$375,000 to improve water quality and
remove nonnative aquatic nuisance species from the
Sweetwater Reservoir, San Diego County, California.
(107) Whittier, california.--$8,000,000 for water,
wastewater, and water related infrastructure, Whittier,
California.
(108) Arkansas valley conduit, colorado.--$10,000,000
for the Arkansas Valley Conduit, Colorado.
(109) Boulder county, colorado.--$10,000,000 for
water supply infrastructure, Boulder County, Colorado.
(110) Montezuma and la plata counties, colorado.--
$1,000,000 for water and wastewater related
infrastructure for the Ute Mountain project, Montezuma
and La Plata Counties, Colorado.
(111) Otero, bent, crowley, kiowa, and prowers
counties, colorado.--$35,000,000 for water transmission
infrastructure, Otero, Bent, Crowley, Kiowa, and
Prowers Counties, Colorado.
(112) Pueblo and otero counties, colorado.--
$34,000,000 for water transmission infrastructure,
Pueblo and Otero Counties, Colorado.
(113) Enfield, connecticut.--$1,000,000 for
infiltration and inflow correction, Enfield,
Connecticut.
(114) Ledyard and montville, connecticut.--$7,113,000
for water infrastructure, Ledyard and Montville,
Connecticut.
(115) New haven, connecticut.--$300,000 for
stormwater system improvements, New Haven, Connecticut.
(116) Norwalk, connecticut.--$3,000,000 for the
Keeler Brook Storm Water Improvement Project, Norwalk,
Connecticut.
(117) Plainville, connecticut.--$6,280,000 for
wastewater treatment, Plainville, Connecticut.
(118) Southington, connecticut.--$9,420,000 for water
supply infrastructure, Southington, Connecticut.
(119) Anacostia river, district of columbia and
maryland.--$20,000,000 for environmental infrastructure
and resource protection and development to enhance
water quality and living resources in the Anacostia
River watershed, District of Columbia and Maryland.
(120) District of columbia.--$35,000,000 for
implementation of a combined sewer overflow long-term
control plan in the District of Columbia.
(121) Charlotte county, florida.--$3,000,000 for
water supply infrastructure, Charlotte County, Florida.
(122) Charlotte, lee, and collier counties,
florida.--$20,000,000 for water supply
interconnectivity infrastructure, Charlotte, Lee, and
Collier Counties, Florida.
(123) Collier county, florida.--$5,000,000 for water
infrastructure to improve water quality in the vicinity
of the Gordon River, Collier County, Florida.
(124) Hillsborough county, florida.--$6,250,000 for
water infrastructure and supply enhancement,
Hillsborough County, Florida.
(125) Jacksonville, florida.--$25,000,000 for
wastewater related infrastructure, including septic
tank replacements, Jacksonville, Florida.
(126) Sarasota county, florida.--$10,000,000 for
water and wastewater infrastructure in Sarasota County,
Florida.
(127) South seminole and north orange county,
florida.--$30,000,000 for wastewater infrastructure for
the South Seminole and North Orange Wastewater
Transmission Authority, Florida.
(128) Miami-dade county, florida.--$6,250,000 for
water reuse supply and a water transmission pipeline,
Miami-Dade County, Florida.
(129) Palm beach county, florida.--$7,500,000 for
water infrastructure, Palm Beach County, Florida.
(130) Albany, georgia.--$4,000,000 for a storm
drainage system, Albany, Georgia.
(131) Banks county, georgia.--$5,000,000 for water
infrastructure improvements, Banks County, Georgia.
(132) Berrien county, georgia.--$5,000,000 for water
infrastructure improvements, Berrien County, Georgia.
(133) Chattooga county, georgia.--$8,000,000 for
wastewater and drinking water infrastructure
improvement, Chattooga County, Georgia.
(134) Chattooga, floyd, gordon, walker, and
whitifield counties, georgia.--$10,000,000 for water
infrastructure improvements, Armuchee Valley,
Chattooga, Floyd, Gordon, Walker, and Whitifield
Counties, Georgia.
(135) Dahlonega, georgia.--$5,000,000 for water
infrastructure improvements, Dahlonega, Georgia.
(136) East point, georgia.--$5,000,000 for water
infrastructure improvements, city of East Point,
Georgia.
(137) Fayetteville, grantville, lagrange, pine
mountain (harris county), douglasville, and carrollton,
georgia.--$24,500,000 for water and wastewater
infrastructure, Fayetteville, Grantville, LaGrange,
Pine Mountain (Harris County), Douglasville, and
Carrollton, Georgia.
(138) Meriwether and spalding counties, georgia.--
$7,000,000 for water and wastewater infrastructure,
Meriwether and Spalding Counties, Georgia.
(139) Moultrie, georgia.--$5,000,000 for water supply
infrastructure, Moultrie, Georgia.
(140) Stephens county/city of toccoa, georgia.--
$8,000,000 water infrastructure improvements, Stephens
County/city of Toccoa, Georgia.
(141) North vernon and butlerville, indiana.--
$1,700,000 for wastewater infrastructure, North Vernon
and Butlerville, Indiana.
(142) Salem, washington county, indiana.--$3,200,000
for water supply infrastructure, Salem, Washington
County, Indiana.
(143) Atchison, kansas.--$20,000,000 to address
combined sewer overflows, Atchison, Kansas.
(144) Central kentucky.--$10,000,000 for water
related infrastructure and resource protection and
development, Scott, Franklin, Woodford, Anderson,
Fayette, Mercer, Jessamine, Boyle, Lincoln, Garrard,
Madison, Estill, Powell, Clark, Montgomery, and Bourbon
Counties, Kentucky.
(145) Lafayette, louisiana.--$1,200,000 for water and
wastewater improvements, Lafayette, Louisiana.
(146) Lafourche parish, louisiana.--$2,300,000 for
measures to prevent the intrusion of saltwater into the
freshwater system, Lafourche Parish, Louisiana.
(147) Lake charles, louisiana.--$1,000,000 for water
and wastewater improvements, Lake Charles, Louisiana.
(148) Northwest louisiana council of governments,
louisiana.--$2,000,000 for water and wastewater
improvements, Northwest Louisiana Council of
Governments, Louisiana.
(149) Ouachita parish, louisiana.--$1,000,000 for
water and wastewater improvements, Ouachita Parish,
Louisiana.
(150) Plaquemine, louisiana.--$7,000,000 for sanitary
sewer and wastewater infrastructure, Plaquemine,
Louisiana.
(151) Rapides area planning commission, louisiana.--
$1,000,000 for water and wastewater improvements,
Rapides, Louisiana.
(152) Shreveport, louisiana.--$20,000,000 for water
supply infrastructure in Shreveport, Louisiana.
(153) South central planning and development
commission, louisiana.--$2,500,000 for water and
wastewater improvements, South Central Planning and
Development Commission, Louisiana.
(154) Union-lincoln regional water supply project,
louisiana.--$2,000,000 for the Union-Lincoln Regional
Water Supply project, Louisiana.
(155) Chesapeake bay improvements, maryland,
virginia, and district of columbia.--$30,000,000 for
environmental infrastructure projects to benefit the
Chesapeake Bay, including the nutrient removal project
at the Blue Plains Wastewater Treatment facility in the
District of Columbia.
(156) Chesapeake bay region, maryland and virginia.--
$40,000,000 for water pollution control, Chesapeake Bay
Region, Maryland and Virginia.
(157) Michigan combined sewer overflows.--$35,000,000
for correction of combined sewer overflows, Michigan.
(158) Central iron range sanitary sewer district,
minnesota.--$12,000,000 for wastewater infrastructure
for the Central Iron Range Sanitary Sewer District to
serve the cities of Hibbing, Chisholm, Buhl, and
Kinney, and Balkan and Great Scott Townships,
Minnesota.
(159) Central lake region sanitary district,
minnesota.--$2,000,000 for sanitary sewer and
wastewater infrastructure for the Central Lake Region
Sanitary District, Minnesota, to serve Le Grande and
Moe Townships, Minnesota.
(160) Goodview, minnesota.--$3,000,000 for water
quality infrastructure, Goodview, Minnesota.
(161) Grand rapids, minnesota.--$5,000,000 for
wastewater infrastructure, Grand Rapids, Minnesota.
(162) Willmar, minnesota.--$15,000,000 for wastewater
infrastructure, Willmar, Minnesota.
(163) Biloxi, mississippi.--$5,000,000 for water and
wastewater related infrastructure, city of Biloxi,
Mississippi.
(164) Corinth, mississippi.--$7,500,000 for a surface
water program, city of Corinth, Mississippi.
(165) Gulfport, mississippi.--$5,000,000 for water
and wastewater related infrastructure, city of
Gulfport, Mississippi.
(166) Harrison county, mississippi.--$5,000,000 for
water and wastewater related infrastructure, Harrison
County, Mississippi.
(167) Jackson, mississippi.--$25,000,000 for water
and wastewater infrastructure, Jackson, Mississippi.
(168) Clark county, nevada.--$30,000,000 for
wastewater infrastructure, Clark County, Nevada.
(169) Clean water coalition, nevada.--$50,000,000 for
the Systems Conveyance and Operations Program, Clark
County, Henderson, Las Vegas, and North Las Vegas,
Nevada.
(170) Glendale dam diversion structure, nevada.--
$10,000,000 for water system improvements to the
Glendale Dam Diversion Structure for the Truckee
Meadows Water Authority, Nevada.
(171) Henderson, nevada.--$13,000,000 for wastewater
infrastructure, Henderson, Nevada.
(172) Indian springs, nevada.--$12,000,000 for
construction of wastewater system improvements for the
Indian Springs community, Nevada.
(173) Reno, nevada.--$13,000,000 for construction of
a water conservation project for the Highland Canal,
Mogul Bypass in Reno, Nevada.
(174) Washoe county, nevada.--$14,000,000 for
construction of water infrastructure improvements to
the Huffaker Hills Reservoir Conservation Project,
Washoe County, Nevada.
(175) Cranford township, new jersey.--$6,000,000 for
storm sewer improvements, Cranford Township, New
Jersey.
(176) Middletown township, new jersey.--$1,100,000
for storm sewer improvements, Middletown Township, New
Jersey.
(177) Paterson, new jersey.--$35,000,000 for
wastewater infrastructure, Paterson, New Jersey.
(178) Rahway valley, new jersey.--$25,000,000 for
sanitary sewer and storm sewer improvements in the
service area of the Rahway Valley Sewerage Authority,
New Jersey.
(179) Babylon, new york.--$5,000,000 for wastewater
infrastructure, Town of Babylon, New York.
(180) Ellicottville, new york.--$2,000,000 for water
supply, water, and wastewater infrastructure in
Ellicottville, New York.
(181) Elmira, new york.--$5,000,000 for wastewater
infrastructure, Elmira, New York.
(182) Essex hamlet, new york.--$5,000,000 for
wastewater infrastructure, Essex Hamlet, New York.
(183) Fleming, new york.--$5,000,000 for drinking
water infrastructure, Fleming, New York.
(184) Kiryas joel, new york.--$5,000,000 for drinking
water infrastructure, village of Kiryas Joel, New York.
(185) Niagara falls, new york.--$5,000,000 for
wastewater infrastructure, Niagara Falls Water Board,
New York.
(186) Patchogue, new york.--$5,000,000 for wastewater
infrastructure, village of Patchogue, New York.
(187) Sennett, new york.--$1,500,000 for water
infrastructure, town of Sennett, New York.
(188) Springport and fleming, new york.--$10,000,000
for water related infrastructure, including water
mains, pump stations, and water storage tanks,
Springport and Fleming, New York.
(189) Wellsville, new york.--$2,000,000 for water
supply, water, and wastewater infrastructure in
Wellsville, New York.
(190) Yates county, new york.--$5,000,000 for
drinking water infrastructure, Yates County, New York.
(191) Cabarrus county, north carolina.--$4,500,000
for water related infrastructure, Cabarrus County,
North Carolina.
(192) Cary, wake county, north carolina.--$4,000,000
for a water reclamation facility, Cary, Wake County,
North Carolina.
(193) Charlotte, north carolina.--$14,000,000 for the
Briar Creek Relief Sewer project, city of Charlotte,
North Carolina.
(194) Fayetteville, cumberland county, north
carolina.--$6,000,000 for water and sewer upgrades,
city of Fayetteville, Cumberland County, North
Carolina.
(195) Mooresville, north carolina.--$4,000,000 for
water and wastewater infrastructure improvements, town
of Mooresville, North Carolina.
(196) Neuse regional water and sewer authority, north
carolina.--$4,000,000 for the Neuse regional drinking
water facility, Kinston, North Carolina.
(197) Richmond county, north carolina.--$13,500,000
for water related infrastructure, Richmond County,
North Carolina.
(198) Union county, north carolina.--$6,000,000 for
water related infrastructure, Union County, North
Carolina.
(199) Washington county, north carolina.--$1,000,000
for water and wastewater infrastructure, Washington
County, North Carolina.
(200) Winston-salem, north carolina.--$3,000,000 for
stormwater upgrades, city of Winston-Salem, North
Carolina.
(201) North dakota.--$15,000,000 for water-related
infrastructure, North Dakota.
(202) Devils lake, north dakota.--$15,000,000 for
water supply infrastructure, Devils Lake, North Dakota.
(203) Saipan, northern mariana islands.--$20,000,000
for water related infrastructure, Saipan, Northern
Mariana Islands.
(204) Akron, ohio.--$5,000,000 for wastewater
infrastructure, Akron, Ohio.
(205) Burr oak regional water district, ohio.--
$4,000,000 for construction of a water line to extend
from a well field near Chauncey, Ohio, to a water
treatment plant near Millfield, Ohio.
(206) Cincinnati, ohio.--$1,000,000 for wastewater
infrastructure, Cincinnati, Ohio.
(207) Cleveland, ohio.--$2,500,000 for Flats East
Bank water and wastewater infrastructure, city of
Cleveland, Ohio.
(208) Columbus, ohio.--$4,500,000 for wastewater
infrastructure, Columbus, Ohio.
(209) Dayton, ohio.--$1,000,000 for water and
wastewater infrastructure, Dayton, Ohio.
(210) Defiance county, ohio.--$1,000,000 for
wastewater infrastructure, Defiance County, Ohio.
(211) Fostoria, ohio.--$2,000,000 for wastewater
infrastructure, Fostoria, Ohio.
(212) Fremont, ohio.--$2,000,000 for construction of
off-stream water supply reservoir, Fremont, Ohio.
(213) Lake county, ohio.--$1,500,000 for wastewater
infrastructure, Lake County, Ohio.
(214) Lawrence county, ohio.--$5,000,000 for Union
Rome wastewater infrastructure, Lawrence County, Ohio.
(215) Meigs county, ohio.--$1,000,000 to extend the
Tupper Plains Regional Water District water line to
Meigs County, Ohio.
(216) Mentor-on-lake, ohio.--$625,000 for water and
wastewater infrastructure, Mentor-on-Lake, Ohio.
(217) Vinton county, ohio.--$1,000,000 to construct
water lines in Vinton and Brown Townships, Ohio.
(218) Willowick, ohio.--$665,000 for water and
wastewater infrastructure, Willowick, Ohio.
(219) Ada, oklahoma.--$1,700,000 for sewer
improvements and other water infrastructure, city of
Ada, Oklahoma.
(220) Alva, oklahoma.--$250,000 for wastewater
infrastructure improvements, city of Alva, Oklahoma.
(221) Ardmore, oklahoma.--$1,900,000 for water and
sewer infrastructure improvements, city of Ardmore,
Oklahoma.
(222) Bartlesville, oklahoma.--$2,500,000 for water
supply infrastructure, city of Bartlesville, Oklahoma.
(223) Bethany, oklahoma.--$1,500,000 for water
improvements and water related infrastructure, city of
Bethany, Oklahoma.
(224) Chickasha, oklahoma.--$650,000 for industrial
park sewer infrastructure, city of Chickasha, Oklahoma.
(225) Disney and langley, oklahoma.--$2,500,000 for
water and sewer improvements and water related
infrastructure, cities of Disney and Langley, Oklahoma.
(226) Durant, oklahoma.--$3,300,000 for bayou
restoration and water related infrastructure, city of
Durant, Oklahoma.
(227) Eastern oklahoma state university, wilberton,
oklahoma.--$1,000,000 for sewer and utility upgrades
and water related infrastructure, Eastern Oklahoma
State University, Wilberton, Oklahoma.
(228) Guymon, oklahoma.--$16,000,000 for water and
wastewater related infrastructure, city of Guymon,
Oklahoma.
(229) Konawa, oklahoma.--$500,000 for water treatment
infrastructure improvements, city of Konawa, Oklahoma.
(230) Lugert-altus irrigation district, altus,
oklahoma.--$5,000,000 for water related infrastructure
improvements, Lugert-Altus Irrigation District, Altus,
Oklahoma.
(231) Midwest city, oklahoma.--$2,000,000 for
improvements to water related infrastructure, the City
of Midwest City, Oklahoma.
(232) Mustang, oklahoma.--$3,325,000 for water
improvements and water related infrastructure, city of
Mustang, Oklahoma.
(233) Norman, oklahoma.--$10,000,000 for water
related infrastructure, Norman, Oklahoma.
(234) Oklahoma panhandle state university, guymon,
oklahoma.--$275,000 for water testing facility and
water related infrastructure development, Oklahoma
Panhandle State University, Guymon, Oklahoma.
(235) Weatherford, oklahoma.--$500,000 for arsenic
program and water related infrastructure, city of
Weatherford, Oklahoma.
(236) Woodward, oklahoma.--$1,500,000 for water
improvements and water related infrastructure,
Woodward, Oklahoma.
(237) Albany, oregon.--$35,000,000 for wastewater
infrastructure to improve habitat restoration, Albany,
Oregon.
(238) Beaver creek reservoir, pennsylvania.--
$3,000,000 for projects for water supply and related
activities, Beaver Creek Reservoir, Clarion County,
Beaver and Salem Townships, Pennsylvania.
(239) Hatfield borough, pennsylvania.--$310,000 for
wastewater related infrastructure for Hatfield Borough,
Pennsylvania.
(240) Lehigh county, pennsylvania.--$5,000,000 for
stormwater control measures and storm sewer
improvements, Lehigh County, Pennsylvania.
(241) North wales borough, pennsylvania.--$1,516,584
for wastewater related infrastructure for North Wales
Borough, Pennsylvania.
(242) Pen argyl, pennsylvania.--$5,250,000 for
wastewater infrastructure, Pen Argyl, Pennsylvania.
(243) Philadelphia, pennsylvania.--$1,600,000 for
wastewater related infrastructure for Philadelphia,
Pennsylvania.
(244) Stockerton borough, tatamy borough, and palmer
township, pennsylvania.--$10,000,000 for stormwater
control measures, particularly to address sinkholes, in
the vicinity of Stockerton Borough, Tatamy Borough, and
Palmer Township, Pennsylvania.
(245) Vera cruz, pennsylvania.--$5,500,000 for
wastewater infrastructure, Vera Cruz, Pennsylvania.
(246) Commonwealth of puerto rico.--$35,000,000 for
water and wastewater infrastructure in the Commonwealth
of Puerto Rico.
(247) Charleston, south carolina.--$4,000,000 for
stormwater control measures and storm sewer
improvements, Spring Street/Fishburne Street drainage
project, Charleston, South Carolina.
(248) Charleston and west ashley, south carolina.--
$6,000,000 for wastewater tunnel replacement,
Charleston and West Ashley, South Carolina.
(249) Crooked creek, marlboro county, south
carolina.--$25,000,000 for a project for water storage
and water supply infrastructure on Crooked Creek,
Marlboro County, South Carolina.
(250) Myrtle beach, south carolina.--$18,000,000 for
environmental infrastructure, including ocean outfalls,
Myrtle Beach, South Carolina.
(251) North myrtle beach, south carolina.--
$11,000,000 for environmental infrastructure, including
ocean outfalls, North Myrtle Beach, South Carolina.
(252) Surfside, south carolina.--$11,000,000 for
environmental infrastructure, including stormwater
system improvements and ocean outfalls, Surfside, South
Carolina.
(253) Cheyenne river sioux reservation (dewey and
ziebach counties) and perkins and meade counties, south
dakota.--$65,000,000 for water related infrastructure,
Cheyenne River Sioux Reservation (Dewey and Ziebach
counties) and Perkins and Meade Counties, South Dakota.
(254) Athens, tennessee.--$16,000,000 for wastewater
infrastructure, Athens, Tennessee.
(255) Blaine, tennessee.--$500,000 for water supply
and wastewater infrastructure, Blaine, Tennessee.
(256) Claiborne county, tennessee.--$1,250,000 for
water supply and wastewater infrastructure, Claiborne
County, Tennessee.
(257) Giles county, tennessee.--$2,000,000 for water
supply and wastewater infrastructure, county of Giles,
Tennessee.
(258) Grainger county, tennessee.--$1,250,000 for
water supply and wastewater infrastructure, Grainger
County, Tennessee.
(259) Hamilton county, tennessee.--$500,000 for water
supply and wastewater infrastructure, Hamilton County,
Tennessee.
(260) Harrogate, tennessee.--$2,000,000 for water
supply and wastewater infrastructure, city of
Harrogate, Tennessee.
(261) Johnson county, tennessee.--$600,000 for water
supply and wastewater infrastructure, Johnson County,
Tennessee.
(262) Knoxville, tennessee.--$5,000,000 for water
supply and wastewater infrastructure, city of
Knoxville, Tennessee.
(263) Nashville, tennessee.--$5,000,000 for water
supply and wastewater infrastructure, Nashville,
Tennessee.
(264) Lewis, lawrence, and wayne counties,
tennessee.--$2,000,000 for water supply and wastewater
infrastructure, counties of Lewis, Lawrence, and Wayne,
Tennessee.
(265) Oak ridge, tennessee.--$4,000,000 for water
supply and wastewater infrastructure, city of Oak
Ridge, Tennessee.
(266) Plateau utility district, morgan county,
tennessee.--$1,000,000 for water supply and wastewater
infrastructure, Morgan County, Tennessee.
(267) Shelby county, tennessee.--$4,000,000 for water
related environmental infrastructure, county of Shelby,
Tennessee.
(268) Central texas.--$20,000,000 for water and
wastewater infrastructure in Bosque, Brazos, Burleson,
Grimes, Hill, Hood, Johnson, Madison, McLennan,
Limestone, Robertson, and Somervell Counties, Texas.
(269) El paso county, texas.--$25,000,000 for water
related infrastructure and resource protection,
including stormwater management, and development, El
Paso County, Texas.
(270) Ft. bend county, texas.--$20,000,000 for water
and wastewater infrastructure, Ft. Bend County, Texas.
(271) Duchesne, iron, and uintah counties, utah.--
$10,800,000 for water related infrastructure, Duchesne,
Iron, and Uintah Counties, Utah.
(272) Northern west virginia.--$20,000,000 for water
and wastewater infrastructure in Hancock, Ohio,
Marshall, Wetzel, Tyler, Pleasants, Wood, Doddridge,
Monongalia, Marion, Harrison, Taylor, Barbour, Preston,
Tucker, Mineral, Grant, Gilmer, Brooke, and Ritchie
Counties, West Virginia.
(273) United states virgin islands.--$25,000,000 for
wastewater infrastructure for the St. Croix Anguilla
wastewater treatment plant and the St. Thomas Charlotte
Amalie wastewater treatment plant, United States Virgin
Islands.
* * * * * * *
[all]