G:\P\15\EN\WRDA18\S3021_SUS.XML Suspend the Rules and Pass the Bill, S. 3021, With Amendments (The amendments strike all after the enacting clause and insert a new text and an amendment to the title) 115TH CONGRESS 2D SESSION S. 3021 IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 5, 2018 Referred to the Committee on Transportation and Infrastructure AN ACT To designate the United States courthouse located at 300 South Fourth Street in Minneapolis, Minnesota, as the ‘‘Diana E. Murphy United States Courthouse’’. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 2 1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 2 (a) SHORT TITLE.—This Act may be cited as ‘‘Amer- 3 ica’s Water Infrastructure Act of 2018’’. 4 (b) TABLE OF CONTENTS.—The table of contents for 5 this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—WATER RESOURCES DEVELOPMENT Sec. 101. Short title. Sec. 102. Secretary defined. Subtitle A—General Provisions Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1101. 1102. 1103. 1104. 1105. 1106. 1107. 1108. 1109. 1110. 1111. 1112. 1113. 1114. 1115. 1116. 1117. 1118. 1119. 1120. Sec. 1121. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1122. 1123. 1124. 1125. 1126. 1127. 1128. 1129. 1130. 1131. 1132. 1133. 1134. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 Sense of Congress regarding water resources development bills. Study of the future of the United States Army Corps of Engineers. Study on economic and budgetary analyses. Dissemination of information. Non-Federal engagement and review. Lake Okeechobee regulation schedule review. Access to real estate data. Aquatic invasive species research. Harmful algal bloom technology demonstration. Bubbly Creek, Chicago ecosystem restoration. Dredge pilot program. Hurricane and storm damage protection program. Operation and maintenance of existing infrastructure. Assistance relating to water supply. Property acquisition. Dredged material management plans. Inclusion of project or facility in Corps of Engineers workplan. Geomatic data. Local government reservoir permit review. Transparency and accountability in cost sharing for water resources development projects. Upper Missouri Mainstem Reservoir water withdrawal intake easement review. Limitation on contract execution. Certain levee improvements. Cost-share payment for certain projects. Locks on Allegheny River. Purpose and need. Prior project authorization. Mississippi River and Tributaries Project. Inclusion of Tribal interests in project consultations. Beneficial use of dredged material. Ice jam prevention and mitigation. Rehabilitation of Corps of Engineers constructed dams. Columbia River. Missouri River Reservoir sediment management. (705684 4) PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 3 Sec. Sec. Sec. Sec. Sec. 1135. 1136. 1137. 1138. 1139. Sec. 1140. Sec. 1141. Sec. 1142. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1143. 1144. 1145. 1146. 1147. 1148. 1149. 1150. 1151. 1152. Sec. 1153. Sec. 1154. Sec. 1155. Sec. 1156. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1157. 1158. 1159. 1160. 1161. 1162. 1163. 1164. 1165. 1166. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1167. 1168. 1169. 1170. 1171. 1172. 1173. Sec. 1174. Sec. 1175. Sec. 1176. Reauthorization of lock operations pilot program. Credit or reimbursement. Non-Federal implementation pilot program. Surplus water contracts and water storage agreements. Post-disaster watershed assessments in territories of the United States. Expedited consideration. Project studies subject to independent peer review. Feasibility of Chicago Sanitary and Ship Canal Dispersal Barriers Project, Illinois. Acknowledgment of credit. Levee safety initiative reauthorization. Funding to process permits. Reservoir sediment. Clarification for integral determination. Beneficial use of dredged sediment. Inclusion of alternative measures for aquatic ecosystem restoration. Regional sediment management. Operation and maintenance of navigation and hydroelectric facilities. Study of water resources development projects by non-Federal interests. Construction of water resources development projects by non-Federal interests. Corps budgeting; project deauthorizations; comprehensive backlog report. Indian Tribes. Inflation adjustment of cost-sharing provisions for territories and Indian Tribes. Corps of Engineers continuing authorities program. Hurricane and storm damage reduction. Regional coalitions and higher education. Emergency response to natural disasters. Cost and benefit feasibility assessment. Extended community assistance by the Corps of Engineers. Dam safety. Local government water management plans. Structures and facilities constructed by Secretary. Advanced funds for water resources development studies and projects. Costs in excess of Federal participation limit. Disposition of projects. Contributed funds for non-Federal reservoir operations. Watercraft inspection stations. Restricted areas at Corps of Engineers dams. Coastal erosion. Prohibition on surplus water fees, Lake Cumberland Watershed, Kentucky and Tennessee. Middle Rio Grande peak flow restoration. Prohibition of administrative fees in implementing Rough River Lake Flowage Easement Encroachment Resolution Plan. Preconstruction engineering design demonstration program. Subtitle B—Studies and Reports Sec. 1201. Authorization of proposed feasibility studies. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 4 Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1202. 1203. 1204. 1205. 1206. 1207. 1208. 1209. 1210. 1211. 1212. 1213. 1214. 1215. 1216. 1217. 1218. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1219. 1220. 1221. 1222. 1223. 1224. 1225. 1226. 1227. 1228. 1229. Additional studies. Expedited completion. GAO study on benefit-cost analysis reforms. Harbor Maintenance Trust Fund report. Identification of nonpowered dams for hydropower development. Study on innovative ports for offshore wind development. Innovative materials and advanced technologies report. Study and report on expediting certain waiver processes. Report on debris removal. Corps flood policy within urban areas. Feasibility studies for mitigation of damage. Applications of military leasing authorities. Community engagement. Transparency in administrative expenses. Assessment of harbors and inland harbors. Maintenance of high-risk flood control projects. North Atlantic Division report on hurricane barriers and harbors of refuge. Great Lakes coastal resiliency study. McMicken Dam, Arizona, and Muddy River, Massachusetts. Table Rock Lake, Arkansas and Missouri. Forecast-informed reservoir operations. Cedar River, Iowa. Old River control structure, Louisiana. Upper Mississippi River protection. Missouri River. Lower Missouri River bank stabilization and navigation. Coastal Texas study. Report on water supply contract, Wright Patman Lake, Texas. Subtitle C—Deauthorizations, Modifications, and Related Provisions Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1301. 1302. 1303. 1304. 1305. 1306. 1307. 1308. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1309. 1310. 1311. 1312. 1313. 1314. 1315. Sec. 1316. Sec. 1317. Sec. 1318. Sec. 1319. Sec. 1320. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 Deauthorization of inactive projects. Backlog prevention. Project modifications. Lytle and Cajon Creeks, California. Yuba River Basin, California. Bridgeport Harbor, Connecticut. Delaware River navigation project. Comprehensive Everglades restoration plan, Central and Southern Florida, Everglades Agricultural Area, Florida. Kissimmee River restoration, Florida. Levee L–212, Four River Basin, Ocklawaha River, Florida. Green River and Barren River Locks and Dams, Kentucky. Cape Arundel Disposal Site, Maine. Penobscot River, Maine. Boston harbor reserved channel deauthorizations. Corps of Engineers bridge repair program for New England evacuation routes. Plymouth Harbor, Massachusetts. Portsmouth Harbor and Piscataqua River. Missouri River and tributaries at Kansas Cities, Missouri and Kansas. Hampton Harbor, New Hampshire, navigation improvement project. Passaic River Federal Navigation Channel, New Jersey. (705684 4) PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 5 Sec. 1321. Fargo-Moorhead Metropolitan Area Diversion Project, North Dakota. Sec. 1322. Clatsop County, Oregon. Sec. 1323. Svensen Island, Oregon. Sec. 1324. West Tennessee Tributaries project, Tennessee. Sec. 1325. Puget Sound nearshore ecosystem restoration. Sec. 1326. Milwaukee Harbor, Milwaukee, Wisconsin. Sec. 1327. Project completion for disaster areas. Sec. 1328. Federal assistance. Sec. 1329. Expedited initiation. Sec. 1330. Project deauthorization and study extensions. Sec. 1331. Conveyances. Sec. 1332. Report on future water resources development. Subtitle D—Water Resources Infrastructure Sec. 1401. Project authorizations. Sec. 1402. Special rules. Sec. 1403. Norfolk Harbor and Channels, Virginia. TITLE II—DRINKING WATER SYSTEM IMPROVEMENT Sec. Sec. Sec. Sec. Sec. Sec. 2001. 2002. 2003. 2004. 2005. 2006. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 2007. 2008. 2009. 2010. 2011. 2012. 2013. 2014. 2015. 2016. 2017. 2018. 2019. 2020. 2021. 2022. 2023. Indian reservation drinking water program. Clean, safe, reliable water infrastructure. Study on intractable water systems. Sense of Congress relating to access to nonpotable water. Drinking water infrastructure resilience and sustainability. Voluntary school and child care program lead testing grant program enhancement. Innovative water technology grant program. Improved consumer confidence reports. Contractual agreements. Additional considerations for compliance. Improved accuracy and availability of compliance monitoring data. Asset management. Community water system risk and resilience. Authorization for grants for State programs. State revolving loan funds. Authorization for source water petition programs. Review of technologies. Source water. Report on Federal cross-cutting requirements. Assistance for areas affected by natural disasters. Monitoring for unregulated contaminants. American iron and steel products. Authorization for capitalization grants to States for State drinking water treatment revolving loan funds. TITLE III—ENERGY Sec. Sec. Sec. Sec. Sec. 3001. 3002. 3003. 3004. 3005. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 Modernizing authorizations for necessary hydropower approvals. Qualifying conduit hydropower facilities. Promoting hydropower development at existing nonpowered dams. Closed-loop pumped storage projects. Considerations for relicensing terms. (705684 4) PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 6 Sec. 3006. Fair ratepayer accountability, transparency, and efficiency standards. Sec. 3007. J. Bennett Johnston Waterway hydropower extension. Sec. 3008. Stay and Reinstatement of FERC License No. 11393 for the Mahoney Lake Hydroelectric Project. Sec. 3009. Strategic Petroleum Reserve drawdown. TITLE IV—OTHER MATTERS Subtitle A—Clean Water Sec. Sec. Sec. Sec. Sec. Sec. Sec. 4101. 4102. 4103. 4104. 4105. 4106. 4107. Stormwater infrastructure funding task force. Wastewater technology clearinghouse. Technical assistance for treatment works. Amendments to Long Island Sound programs. Authorization of appropriations for Columbia river basin restoration. Sewer overflow control grants. Assistance for individual household decentralized wastewater systems of individuals with low or moderate income. Subtitle B—WIFIA Reauthorization and Innovative Financing for State Loan Funds Sec. 4201. WIFIA reauthorization and innovative financing for State loan funds. Subtitle C—Miscellaneous Sec. 4301. Agreement with Commissioner of Reclamation. Sec. 4302. Snake River Basin flood prevention action plan. Sec. 4303. GAO audit of contracts and Tainter gate repairs of Harlan County Dam. Sec. 4304. Water infrastructure and workforce investment. Sec. 4305. Regional liaisons for minority, Tribal, and low-income communities. Sec. 4306. WaterSense. Sec. 4307. Predatory and other wild animals. Sec. 4308. Klamath project water and power. Sec. 4309. Certain Bureau of Reclamation dikes. Sec. 4310. Authority to make entire active capacity of Fontenelle Reservoir available for use. Sec. 4311. Blackfeet water rights settlement. Sec. 4312. Indian irrigation fund reauthorization. Sec. 4313. Reauthorization of repair, replacement, and maintenance of certain Indian irrigation projects. Sec. 4314. Indian dam safety reauthorization. Sec. 4315. Diana E. Murphy United States Courthouse. TITLE I—WATER RESOURCES DEVELOPMENT 1 2 3 SEC. 101. SHORT TITLE. 4 This title may be cited as the ‘‘Water Resources De- 5 velopment Act of 2018’’. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 7 1 SEC. 102. SECRETARY DEFINED. 2 In this title, the term ‘‘Secretary’’ means the Sec- 3 retary of the Army. 4 Subtitle A—General Provisions 5 SEC. 1101. SENSE OF CONGRESS REGARDING WATER RE- 6 SOURCES DEVELOPMENT BILLS. 7 It is the sense of Congress that, because the missions 8 of the Corps of Engineers for navigation, flood control, 9 beach erosion control and shoreline protection, hydro10 electric power, recreation, water supply, environmental 11 protection, restoration, and enhancement, and fish and 12 wildlife mitigation benefit all Americans, and because 13 water resources development projects are critical to main14 taining the country’s economic prosperity, national secu15 rity, and environmental protection, Congress should con16 sider a water resources development bill not less often 17 than once every Congress. 18 SEC. 1102. STUDY OF THE FUTURE OF THE UNITED STATES 19 20 ARMY CORPS OF ENGINEERS. (a) IN GENERAL.—The Secretary shall enter into an 21 agreement with the National Academy of Sciences to con22 vene a committee of experts to carry out a comprehensive 23 study on— 24 (1) the ability of the Corps of Engineers to 25 carry out its statutory missions and responsibilities, 26 and the potential effects of transferring the func- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 8 1 tions (including regulatory obligations), personnel, 2 assets, and civilian staff responsibilities of the Sec- 3 retary relating to civil works from the Department 4 of Defense to a new or existing agency or subagency 5 of the Federal Government, including how such a 6 transfer might affect the Federal Government’s abil- 7 ity to meet the current statutory missions and re- 8 sponsibilities of the Corps of Engineers; and 9 (2) improving the Corps of Engineers’ project 10 delivery processes, including recommendations for 11 such improvements, taking into account factors in- 12 cluding— 13 (A) the effect of the annual appropriations 14 process on the ability of the Corps of Engineers 15 to efficiently secure and carry out contracts for 16 water resources development projects and per- 17 form regulatory obligations; 18 (B) the effect that the current Corps of 19 Engineers leadership and geographic structure 20 at the division and district levels has on its abil- 21 ity to carry out its missions in a cost-effective 22 manner; and 23 (C) the effect of the frequency of rotations 24 of senior leaders of the Corps of Engineers and g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 9 1 how such frequency affects the function of the 2 district. 3 (b) CONSIDERATIONS.—The study carried out under 4 subsection (a) shall include consideration of— 5 (1) effects on the national security of the 6 United States; 7 (2) the ability of the Corps of Engineers to 8 maintain sufficient engineering capability and capac- 9 ity to assist ongoing and future operations of the 10 United States armed services; 11 (3) emergency and natural disaster response 12 obligations of the Federal Government that are car- 13 ried out by the Corps of Engineers; and 14 (4) the ability of the Corps of Engineers to in- 15 crease efficiency, coordination, transparency, and 16 cost savings of the project delivery process. 17 (c) SUBMISSION TO CONGRESS.—The Secretary shall 18 submit the final report of the National Academy con19 taining the findings of the study carried out under sub20 section (a) to the Committee on Transportation and Infra21 structure of the House of Representatives and the Com22 mittee on Environment and Public Works of the Senate 23 not later than 2 years after the date of enactment of this 24 Act. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 10 1 (d) CONGRESSIONAL APPROVAL.—The Secretary 2 may not implement the findings of the study carried out 3 under subsection (a) unless expressly authorized by Con4 gress. 5 SEC. 1103. STUDY ON ECONOMIC AND BUDGETARY ANAL- 6 YSES. 7 (a) IN GENERAL.—Not later than 180 days after the 8 date of enactment of this Act, the Secretary shall enter 9 into an agreement with the National Academy of Sciences 10 to— 11 (1) carry out a study on the economic principles 12 and analytical methodologies currently used by or 13 applied to the Corps of Engineers to formulate, 14 evaluate, and budget for water resources develop- 15 ment projects; and 16 (2) make recommendations to Congress on po- 17 tential changes to such principles and methodologies 18 to improve transparency, return on Federal invest- 19 ment, cost savings, and prioritization, in the formu- 20 lation, evaluation, and budgeting of such projects. 21 (b) CONSIDERATIONS.—The study under subsection 22 (a) shall include— 23 (1) an analysis of the current economic prin- 24 ciples and analytical methodologies used by or ap- 25 plied to the Corps of Engineers in determining the g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 11 1 total benefits and total costs during the formulation 2 of, and plan selection for, a water resources develop- 3 ment project; 4 (2) an analysis of improvements or alternatives 5 to how the Corps of Engineers utilizes the National 6 Economic Development, Regional Economic Develop- 7 ment, Environmental Quality, and Other Social Ef- 8 fects accounts developed by the Institute for Water 9 Resources of the Corps of Engineers in the formula- 10 tion of, and plan selection for, such projects; 11 (3) an analysis of whether such principles and 12 methodologies fully account for all of the potential 13 benefits of project alternatives, including any reason- 14 ably associated benefits of such alternatives that are 15 not contrary to law, Federal policy, or sound water 16 resources management; 17 (4) an analysis of whether such principles and 18 methodologies fully account for all of the costs of 19 project alternatives, including potential societal 20 costs, such as lost ecosystem services, and full 21 lifecycle costs for such alternatives; 22 (5) an analysis of the methodologies utilized by 23 the Federal Government in setting and applying dis- 24 count rates for benefit-cost analyses used in the for- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 12 1 mulation, evaluation, and budgeting of Corps of En- 2 gineers water resources development projects; 3 4 (6) an analysis of whether or not the Corps of Engineers— 5 (A) considers cumulative benefits of locally 6 developed projects, including Master Plans ap- 7 proved by the Corps; and 8 (B) uses the benefits referred to in sub- 9 paragraph (A) for purposes of benefit-cost anal- 10 ysis for project justification for potential 11 projects within such Master Plans; and 12 (7) consideration of the report submitted under 13 section 1204, if that report is submitted prior to 14 completion of the study under this section. 15 (c) PUBLICATION.—The agreement entered into 16 under subsection (a) shall require the National Academy 17 of Sciences to, not later than 30 days after the completion 18 of the study— 19 (1) submit a report containing the results of 20 the study and the recommendations to the Com- 21 mittee on Environment and Public Works of the 22 Senate and the Committee on Transportation and 23 Infrastructure of the House of Representatives; and 24 (2) make a copy of such report available on a 25 publicly accessible website. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 13 1 SEC. 1104. DISSEMINATION OF INFORMATION. 2 (a) FINDINGS.—Congress finds the following: 3 (1) Congress plays a central role in identifying, 4 prioritizing, and authorizing vital water resources in- 5 frastructure activities throughout the United States. 6 (2) The Water Resources Reform and Develop- 7 ment Act of 2014 (Public Law 113–121) established 8 a new and transparent process to review and 9 prioritize the water resources development activities 10 of the Corps of Engineers with strong congressional 11 oversight. 12 (3) Section 7001 of the Water Resources Re- 13 form and Development Act of 2014 (33 U.S.C. 14 2282d) requires the Secretary to develop and submit 15 to Congress each year a Report to Congress on Fu- 16 ture Water Resources Development and, as part of 17 the annual report process, to— 18 (A) publish a notice in the Federal Reg- 19 ister that requests from non-Federal interests 20 proposed feasibility studies and proposed modi- 21 fications to authorized water resources develop- 22 ment projects and feasibility studies for inclu- 23 sion in the report; and 24 (B) review the proposals submitted and in- 25 clude in the report those proposed feasibility 26 studies and proposed modifications that meet g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 14 1 the criteria for inclusion established under such 2 section 7001. 3 (4) Congress will use the information provided 4 in the annual Report to Congress on Future Water 5 Resources Development to determine authorization 6 needs and priorities for purposes of water resources 7 development legislation. 8 (5) To ensure that Congress can gain a thor- 9 ough understanding of the water resources develop- 10 ment needs and priorities of the United States, it is 11 important that the Secretary take sufficient steps to 12 ensure that non-Federal interests are made aware of 13 the new annual report process, including the need 14 for non-Federal interests to submit proposals during 15 the Secretary’s annual request for proposals in order 16 for such proposals to be eligible for consideration by 17 Congress. 18 (b) DISSEMINATION OF PROCESS INFORMATION.— 19 The Secretary shall develop, support, and implement edu20 cation and awareness efforts for non-Federal interests 21 with respect to the annual Report to Congress on Future 22 Water Resources Development required under section 23 7001 of the Water Resources Reform and Development 24 Act of 2014 (33 U.S.C. 2282d), including efforts to— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 15 1 (1) develop and disseminate technical assistance 2 materials, seminars, and guidance on the annual 3 process as it relates to non-Federal interests; 4 (2) provide written notice to local elected offi- 5 cials and previous and potential non-Federal inter- 6 ests on the annual process and on opportunities to 7 address local water resources challenges through the 8 missions and authorities of the Corps of Engineers; 9 (3) issue guidance for non-Federal interests to 10 assist such interests in developing proposals for 11 water resources development projects that satisfy the 12 requirements of such section 7001; and 13 (4) provide, at the request of a non-Federal in- 14 terest, assistance with researching and identifying 15 existing project authorizations and Corps of Engi- 16 neers decision documents. 17 SEC. 1105. NON-FEDERAL ENGAGEMENT AND REVIEW. 18 (a) ISSUANCE.—The Secretary shall expeditiously 19 issue guidance to implement each covered provision of law 20 in accordance with this section. 21 (b) PUBLIC NOTICE.— 22 (1) IN to developing and 23 issuing any new or revised implementation guidance 24 for a covered water resources development law, the 25 Secretary shall issue a public notice that— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—Prior 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 16 1 (A) informs potentially interested non-Fed- 2 eral stakeholders of the Secretary’s intent to 3 develop and issue such guidance; and 4 (B) provides an opportunity for interested 5 non-Federal stakeholders to engage with, and 6 provide input and recommendations to, the Sec- 7 retary on the development and issuance of such 8 guidance. 9 (2) ISSUANCE Secretary shall 10 issue the notice under paragraph (1) through a post- 11 ing on a publicly accessible website dedicated to pro- 12 viding notice on the development and issuance of im- 13 plementation guidance for a covered water resources 14 development law. 15 (c) STAKEHOLDER ENGAGEMENT.— 16 (1) INPUT.—The Secretary shall allow a min- 17 imum of 60 days after issuance of the public notice 18 under subsection (b) for non-Federal stakeholders to 19 provide input and recommendations to the Secretary, 20 prior to finalizing implementation guidance for a 21 covered water resources development law. 22 (2) OUTREACH.—The Secretary may, as appro- 23 priate (as determined by the Secretary), reach out to 24 non-Federal stakeholders and circulate drafts of im- 25 plementation guidance for a covered water resources g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 OF NOTICE.—The 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 17 1 development law for informal input and rec- 2 ommendations. 3 (d) SUBMISSION.—The Secretary shall submit to the 4 Committee on Transportation and Infrastructure of the 5 House of Representatives and the Committee on Environ6 ment and Public Works of the Senate a copy of all input 7 and recommendations received pursuant to subsection (c) 8 and a description of any consideration of such input and 9 recommendations. 10 (e) DEVELOPMENT OF GUIDANCE.—When developing 11 implementation guidance for a covered water resources de12 velopment law, the Secretary shall take into consideration 13 the input and recommendations received from non-Federal 14 stakeholders, and make the final guidance available to the 15 public on the publicly accessible website described in sub16 section (b)(2). 17 (f) DEFINITIONS.—In this section: 18 (1) COVERED term 19 ‘‘covered provision of law’’ means a provision of law 20 under the jurisdiction of the Secretary contained in, 21 or amended by, a covered water resources develop- 22 ment law, with respect to which— 23 (A) the Secretary determines guidance is 24 necessary in order to implement the provision; 25 and g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 PROVISION OF LAW.—The 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 18 1 (B) no such guidance has been issued as of 2 the date of enactment of this Act. 3 (2) COVERED WATER RESOURCES DEVELOP- 4 MENT LAW.—The 5 velopment law’’ means— 6 term ‘‘covered water resources de- (A) the Water Resources Reform and De- 7 velopment Act of 2014; 8 (B) the Water Resources Development Act 9 of 2016; 10 (C) this Act; and 11 (D) any Federal water resources develop- 12 ment law enacted after the date of enactment 13 of this Act. 14 SEC. 1106. LAKE OKEECHOBEE REGULATION SCHEDULE 15 REVIEW. 16 The Secretary shall expedite completion of the Lake 17 Okeechobee regulation schedule to coincide with the com18 pletion of the Herbert Hoover Dike project, and may con19 sider all relevant aspects of the Comprehensive Everglades 20 Restoration Plan described in section 601 of the Water 21 Resources Development Act of 2000 (114 Stat. 2680). 22 SEC. 1107. ACCESS TO REAL ESTATE DATA. 23 (a) IN GENERAL.—Using available funds, the Sec- 24 retary shall make publicly available, including on a pub25 licly accessible website, information on all Federal real es- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 19 1 tate assets in the United States that are owned, operated, 2 or managed by, or in the custody of, the Corps of Engi3 neers. 4 (b) REQUIREMENTS.— 5 (1) IN real estate information 6 made available under subsection (a) shall include— 7 (A) existing standardized real estate plat 8 descriptions of assets described in subsection 9 (a); and 10 (B) existing geographic information sys- 11 tems and geospatial information associated with 12 such assets. 13 (2) COLLABORATION.—In making information 14 available under subsection (a), the Secretary shall 15 consult with the Administrator of General Services. 16 Such information may be made available, in whole or 17 in part, in the Federal real property database pub- 18 lished under section 21 of the Federal Assets Sale 19 and Transfer Act of 2016 (Public Law 114–287), as 20 determined appropriate by the Administrator of 21 General Services. Nothing in this paragraph shall be 22 construed as requiring the Administrator of General 23 Services to add additional data elements or features 24 to such Federal real property database if such addi- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—The 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 20 1 tions are impractical or would add additional costs 2 to such database. 3 (c) LIMITATION.—Nothing in this section shall com- 4 pel or authorize the disclosure of data or other information 5 determined by the Secretary to be confidential, privileged, 6 national security information, personal information, or in7 formation the disclosure of which is otherwise prohibited 8 by law. 9 (d) TIMING.—The Secretary shall ensure that the im- 10 plementation of subsection (a) occurs as soon as prac11 ticable. 12 (e) EFFECT ON OTHER LAWS.—Nothing in this sec- 13 tion shall be construed as modifying, or exempting the 14 Corps of Engineers from, the requirements of the Federal 15 real property database published under section 21 of the 16 Federal Assets Sale and Transfer Act of 2016 (Public 17 Law 114–287). 18 SEC. 1108. AQUATIC INVASIVE SPECIES RESEARCH. 19 (a) IN GENERAL.—As part of the ongoing activities 20 of the Engineer Research and Development Center to ad21 dress the spread and impacts of aquatic invasive species, 22 the Secretary shall undertake research on the manage23 ment and eradication of aquatic invasive species, including 24 Asian carp and zebra mussels. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 21 1 (b) LOCATIONS.—In carrying out subsection (a), the 2 Secretary shall work with Corps of Engineers district of3 fices representing diverse geographical regions of the con4 tinental United States that are impacted by aquatic 5 invasive species, such as the Atlantic, Pacific, and Gulf 6 coasts and the Great Lakes. 7 (c) REPORT.—Not later than 180 days after the date 8 of enactment of this section, the Secretary shall submit 9 to the Committee on Transportation and Infrastructure 10 of the House of Representatives and the Committee on 11 Environment and Public Works of the Senate a report rec12 ommending a plan to address the spread and impacts of 13 aquatic invasive species. 14 SEC. 1109. HARMFUL ALGAL BLOOM TECHNOLOGY DEM- 15 16 ONSTRATION. (a) IN GENERAL.—The Secretary, acting through the 17 Engineer Research and Development Center, shall imple18 ment a 5-year harmful algal bloom technology develop19 ment demonstration program under the Aquatic Nuisance 20 Research Program. To the extent practicable, the Sec21 retary shall support research that will identify and develop 22 improved strategies for early detection, prevention, and 23 management techniques and procedures to reduce the oc24 currence and effects of harmful algal blooms in the Na25 tion’s water resources. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 22 1 (b) SCALABILITY REQUIREMENT.—The Secretary 2 shall ensure that technologies identified, tested, and de3 ployed under the harmful algal bloom technology develop4 ment demonstration program have the ability to scale up 5 to meet the needs of harmful-algal-bloom-related events. 6 SEC. 1110. BUBBLY CREEK, CHICAGO ECOSYSTEM RES- 7 TORATION. 8 The Secretary shall enter into a memorandum of un- 9 derstanding with the Administrator of the Environmental 10 Protection Agency to facilitate ecosystem restoration ac11 tivities at the South Fork of the South Branch of the Chi12 cago River (commonly known as Bubbly Creek). 13 SEC. 1111. DREDGE PILOT PROGRAM. 14 (a) IN GENERAL.—The Secretary is authorized to 15 carry out a pilot program to award contracts with a dura16 tion of up to five years for the operation and maintenance 17 of harbors and inland harbors referred to in section 18 210(a)(2) of the Water Resources Development Act of 19 1986 (33 U.S.C. 2238(a)(2)). 20 (b) SCOPE.—In carrying out the pilot program under 21 subsection (a), the Secretary may award a contract de22 scribed in such subsection, which may address one or more 23 harbors or inland harbors in a geographical region, if the 24 Secretary determines that the contract provides cost sav- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 23 1 ings compared to the awarding of such work on an annual 2 basis or on a project-by-project basis. 3 (c) REPORT TO CONGRESS.—Not later than one year 4 after the date on which the first contract is awarded pur5 suant to the pilot program carried out under subsection 6 (a), the Secretary shall submit to Congress a report evalu7 ating, with respect to the pilot program and any contracts 8 awarded under the pilot program— 9 (1) cost effectiveness; 10 (2) reliability and performance; 11 (3) cost savings attributable to mobilization and 12 demobilization of dredge equipment; and 13 (4) response times to address navigational im- 14 pediments. 15 (d) SUNSET.—The authority of the Secretary to enter 16 into contracts pursuant to the pilot program carried out 17 under subsection (a), shall expire on the date that is 10 18 years after the date of enactment of this Act. 19 SEC. 1112. HURRICANE AND STORM DAMAGE PROTECTION 20 21 PROGRAM. (a) IN GENERAL.—The Secretary is authorized to 22 carry out a pilot program to award single contracts for 23 more than one authorized hurricane and storm damage 24 reduction project in a geographical region, including 25 projects across more than one Corps of Engineers district, g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 24 1 if the Secretary determines that the contract provides cost 2 savings compared to the awarding of such work on a 3 project-by-project basis. 4 (b) PROJECT SELECTION.—In carrying out the pilot 5 program under subsection (a), the Secretary shall consult 6 with relevant State agencies in selecting projects. 7 (c) CRITERIA.—In carrying out the pilot program 8 under subsection (a), the Secretary shall establish criteria 9 and other considerations that— 10 11 (1) foster Federal, State, and local collaboration; 12 (2) evaluate the performance of projects being 13 carried out under a single contract with respect to 14 whether such projects yield any regional or multi- 15 district benefits; and 16 (3) include other criteria and considerations 17 that the Secretary determines to be appropriate. 18 (d) REPORT.—Not later than 1 year after the date 19 of enactment of this Act, and annually thereafter, the Sec20 retary shall submit to the Committee on Environment and 21 Public Works of the Senate and the Committee on Trans22 portation and Infrastructure of the House of Representa23 tives a report that includes findings and recommendations 24 of the Secretary with respect to the projects completed 25 under the pilot program carried out under subsection (a). g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 25 1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 2 authorized to be appropriated to carry out this section 3 $75,000,000. 4 (f) TERMINATION.—The authority of the Secretary to 5 enter into contracts pursuant to the pilot program carried 6 out under subsection (a) shall expire on the date that is 7 10 years after the date of enactment of this Act. 8 SEC. 1113. OPERATION AND MAINTENANCE OF EXISTING IN- 9 FRASTRUCTURE. 10 The Secretary shall improve the reliability, and oper- 11 ation and maintenance of, existing infrastructure of the 12 Corps of Engineers, and, as necessary, improve its resil13 ience to cyber-related threats. 14 SEC. 1114. ASSISTANCE RELATING TO WATER SUPPLY. 15 The Secretary may provide assistance to municipali- 16 ties the water supply of which is adversely affected by con17 struction carried out by the Corps of Engineers. 18 SEC. 1115. PROPERTY ACQUISITION. 19 (a) IN GENERAL.—In acquiring an interest in land, 20 or requiring a non-Federal interest to acquire an interest 21 in land, the Secretary shall, in accordance with the Uni22 form Relocation Assistance and Real Property Acquisition 23 Policies Act of 1970, first consider the minimum interest 24 in real property necessary to support the water resources 25 development project for which such interest is acquired. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 26 1 (b) DETERMINATION.—In determining an interest in 2 land under subsection (a), the Secretary shall first con3 sider a temporary easement or other interest designed to 4 reduce the overall cost of the water resources development 5 project for which such interest is acquired, reduce the time 6 to complete such project, and minimize conflict with prop7 erty owners related to such project. 8 (c) PROCEDURES USED IN STATE.—In carrying out 9 subsection (a), the Secretary shall consider, with respect 10 to a State, the procedures that the State uses to acquire, 11 or require the acquisition of, interests in land, to the ex12 tent that such procedures are generally consistent with the 13 goals of a project or action. 14 SEC. 1116. DREDGED MATERIAL MANAGEMENT PLANS. 15 (a) IN GENERAL.—For purposes of dredged material 16 management plans initiated after the date of enactment 17 of this Act, the Secretary shall expedite the dredged mate18 rial management plan process in order that such plans 19 make maximum use of existing information, studies, and 20 innovative dredged material management practices, and 21 avoid any redundant information collection and studies. 22 (b) REPORT.—Not later than 60 days after the date 23 of enactment of this Act, the Secretary shall submit to 24 Congress a report on how the Corps of Engineers intends 25 to meet the requirements of subsection (a). g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 27 1 SEC. 1117. INCLUSION OF PROJECT OR FACILITY IN CORPS 2 OF ENGINEERS WORKPLAN. 3 (a) IN GENERAL.—The Secretary shall, to the max- 4 imum extent practicable, include in the future workplan 5 of the Corps any authorized project or facility of the Corps 6 of Engineers— 7 (1) that the Secretary has studied for disposi- 8 tion under an existing authority, including by car- 9 rying out a disposition study under section 216 of 10 the Flood Control Act of 1970 (33 U.S.C. 549a); 11 and 12 (2) for which a final report by the Director of 13 Civil Works has been completed. 14 (b) NOTIFICATION TO COMMITTEES.—Upon comple- 15 tion of a final report referred to in subsection (a), the Sec16 retary shall transmit a copy of the report to the Com17 mittee on Transportation and Infrastructure of the House 18 of Representatives and the Committee on Environment 19 and Public Works of the Senate. 20 SEC. 1118. GEOMATIC DATA. 21 (a) IN GENERAL.—The Secretary shall develop guid- 22 ance for the acceptance and use of information obtained 23 from a non-Federal interest through geomatic techniques, 24 including remote sensing and land surveying, cartography, 25 geographic information systems, global navigation satellite g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 28 1 systems, photogrammetry, or other remote means, in car2 rying out any authority of the Secretary. 3 (b) CONSIDERATIONS.—In carrying out this section, 4 the Secretary shall ensure that use of information de5 scribed in subsection (a) meets the data quality and oper6 ational requirements of the Secretary. 7 (c) SAVINGS CLAUSE.—Nothing in this section— 8 (1) requires the Secretary to accept information 9 that the Secretary determines does not meet the 10 guidance developed under this section; or 11 (2) changes the current statutory or regulatory 12 13 requirements of the Corps of Engineers. SEC. 1119. LOCAL GOVERNMENT RESERVOIR PERMIT RE- 14 15 VIEW. (a) IN GENERAL.—During the 10-year period after 16 the date of enactment of this section, the Secretary shall 17 expedite review of applications for covered permits, if the 18 permit applicant is a local governmental entity with juris19 diction over an area for which— 20 (1) any portion of the water resources available 21 to the area served by the local governmental entity 22 is polluted by chemicals used at a formerly used de- 23 fense site under the jurisdiction of the Department 24 of Defense that is undergoing (or is scheduled to un- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 29 1 dergo) environmental restoration under chapter 160 2 of title 10, United States Code; and 3 (2) mitigation of the pollution described in 4 paragraph (1) is ongoing. 5 (b) COVERED PERMIT DEFINED.—In this section, 6 the term ‘‘covered permit’’ means a permit to be issued 7 by the Secretary to modify a reservoir owned or operated 8 by the Secretary, with respect to which not less than 80 9 percent of the water rights are held for drinking water 10 supplies, in order to accommodate projected water supply 11 needs of an area with a population of less than 80,000. 12 (c) LIMITATIONS.—Nothing in this section affects 13 any obligation to comply with the provisions of any Fed14 eral law, including— 15 (1) the National Environmental Policy Act of 16 1969 (42 U.S.C. 4321 et seq.); and 17 (2) the Federal Water Pollution Control Act 18 (33 U.S.C. 1251 et seq.). 19 SEC. 1120. TRANSPARENCY AND ACCOUNTABILITY IN COST 20 SHARING FOR WATER RESOURCES DEVELOP- 21 MENT PROJECTS. 22 (a) DEFINITION OF BALANCE SHEET.—In this sec- 23 tion, the term ‘‘balance sheet’’ means a document that de24 scribes— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 30 1 (1) the funds provided by each Federal and 2 non-Federal interest for a water resources develop- 3 ment project; and 4 (2) the status of those funds. 5 (b) ESTABLISHMENT OF BALANCE SHEET.—Each 6 district of the Corps of Engineers shall, using the author7 ity of the Secretary under section 10 of the Water Re8 sources Development Act of 1988 (33 U.S.C. 2315)— 9 (1) maintain a balance sheet for each water re- 10 sources development project carried out by the Sec- 11 retary for which a non-Federal cost share is re- 12 quired; and 13 (2) on request of a non-Federal interest that 14 provided funds for the project, provide to the non- 15 Federal interest a copy of the balance sheet. 16 (c) UNDER-BUDGET PROJECTS.—In the case of a 17 water resources development project carried out by the 18 Secretary that is completed at a cost less than the esti19 mated cost, the Secretary shall transfer any excess non20 Federal funds to the non-Federal interest in accordance 21 with the cost-share requirement applicable to the project. 22 SEC. 1121. UPPER MISSOURI MAINSTEM RESERVOIR WATER 23 24 WITHDRAWAL INTAKE EASEMENT REVIEW. (a) IN GENERAL.—During the 10-year period begin- 25 ning on the date of enactment of this Act, the Secretary g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 31 1 shall, to the maximum extent practicable, expedite the re2 view of applications for a covered easement. 3 (b) PROCESS.—In carrying out this section, the Sec- 4 retary shall develop an application to obtain a covered 5 easement that requires an applicant for a covered ease6 ment to submit information that includes— 7 8 (1) all permissible locations for the proposed easement; 9 10 (2) the corresponding dimensions of the proposed easement; 11 12 (3) the methods of installation of the water withdrawal intakes; and 13 (4) any other information that the Secretary 14 may require to complete the review. 15 (c) RESPONSE.—Not later than 30 days after the 16 date on which the Secretary receives an application under 17 subsection (b), the Secretary shall seek to provide to the 18 applicant a written notification that states— 19 (1) whether the application is complete; and 20 (2) if the application is not complete, what in- 21 formation is needed for the application to be com- 22 plete. 23 (d) DETERMINATION.—To the maximum extent prac- 24 ticable, not later than 120 days after the date on which 25 the Secretary receives a complete application for a covered g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 32 1 easement, the Secretary shall approve or deny the applica2 tion for the covered easement. 3 (e) COVERED EASEMENT DEFINED.—In this section, 4 the term ‘‘covered easement’’ means an easement nec5 essary to access Federal land under the control of the Sec6 retary for the placement of water withdrawal intakes in 7 the Upper Missouri Mainstem Reservoirs that does not 8 otherwise involve the alteration or modification of any 9 structures or facilities located on that Federal land, other 10 than those owned by the non-Federal interest. 11 (f) LIMITATIONS.—Nothing in this section affects 12 any obligation to comply with the provisions of any Fed13 eral law, including— 14 (1) the National Environmental Policy Act of 15 1969 (42 U.S.C. 4321 et seq.); and 16 (2) the Federal Water Pollution Control Act 17 18 (33 U.S.C. 1251 et seq.). SEC. 1122. LIMITATION ON CONTRACT EXECUTION. 19 (a) LIMITATION.—For any new covered contract en- 20 tered into during the period beginning on the date of en21 actment of this Act and ending on December 31, 2020, 22 any local governmental entity that is a party to a covered 23 contract entered into before such period shall be required 24 to pay not more than 110 percent of the contractual rate g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 33 1 per acre-foot in effect under the most recent such covered 2 contract. 3 (b) COVERED CONTRACT.—In this section, the term 4 ‘‘covered contract’’ means a contract between a local gov5 ernmental entity and the Secretary for water supply stor6 age in a nonhydropower lake within the Verdigris River 7 Basin. 8 SEC. 1123. CERTAIN LEVEE IMPROVEMENTS. 9 (a) IN GENERAL.—Notwithstanding section 211 of 10 the Water Resources Development Act of 2000 (31 U.S.C. 11 6505 note), the Secretary, at the request of a local govern12 ment, is authorized to provide technical services, on a re13 imbursable basis, to the local government to assess the 14 reasons a federally constructed levee owned or operated 15 by the local government is not accredited by the Federal 16 Emergency Management Agency. 17 (b) FEDERAL LEVEES.—In carrying out this section, 18 in a case in which a levee owned and operated by the Sec19 retary is hydraulically tied to a levee described in sub20 section (a), the Secretary is encouraged to cooperate, to 21 the maximum extent practicable, with the relevant local 22 governmental entities in assessing the reasons the levee 23 described in subsection (a) is not accredited. 24 (c) LIMITATION.—Nothing in this section— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 34 1 (1) affects the responsibilities of a local govern- 2 ment to operate and maintain its flood control infra- 3 structure; or 4 (2) obligates the Secretary to expend additional 5 Federal resources on levees owned and operated by 6 the Secretary. 7 SEC. 1124. COST-SHARE PAYMENT FOR CERTAIN PROJECTS. 8 The Secretary shall, subject to the availability of ap- 9 propriations, pay the outstanding balance of the Federal 10 cost share for any project carried out under section 593 11 of the Water Resources Development Act of 1999 (113 12 Stat. 380). 13 SEC. 1125. LOCKS ON ALLEGHENY RIVER. 14 The Corps of Engineers may consider, in making 15 funding determinations with respect to the operation and 16 maintenance of locks on the Allegheny River— 17 (1) recreational boat traffic levels; and 18 (2) related economic benefits. 19 SEC. 1126. PURPOSE AND NEED. 20 (a) PURPOSE AND NEED STATEMENTS.— 21 (1) IN later than 90 days after 22 the date of receipt of a complete application for a 23 water storage project, the District Engineer shall de- 24 velop and provide to the applicant a purpose and 25 need statement that describes— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—Not 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 35 1 (A) whether the District Engineer concurs 2 with the assessment of the purpose of and need 3 for the water storage project proposed by the 4 applicant; and 5 (B) in any case in which the District Engi- 6 neer does not concur as described in subpara- 7 graph (A), an assessment by the District Engi- 8 neer of the purpose of and need for the project. 9 (2) EFFECT ON ENVIRONMENTAL IMPACT 10 STATEMENTS.—No 11 or environmental assessment required under the Na- 12 tional Environmental Policy Act of 1969 (42 U.S.C. 13 4321 et seq.) shall substantially commence with re- 14 spect to a water storage project until the date on 15 which the District Engineer provides to the appli- 16 cant a purpose and need statement as required 17 under paragraph (1). 18 (b) APPEALS REQUEST.—A non-Federal interest may environmental impact statement 19 use the administrative appeals process described in part 20 331 of title 33, Code of Federal Regulations (or any suc21 ceeding regulation), in relation to a decision of the Sec22 retary related to an application for a water storage 23 project. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 36 1 SEC. 1127. PRIOR PROJECT AUTHORIZATION. 2 In any case in which a project under the jurisdiction 3 of the Secretary is budgeted under a different business 4 line than the business line under which the project was 5 originally authorized, the Secretary shall ensure that the 6 project is carried out in accordance with any requirements 7 that apply to the business line under which the project 8 was originally authorized. 9 SEC. 1128. MISSISSIPPI RIVER AND TRIBUTARIES PROJECT. 10 (a) IN GENERAL.—After any flood event requiring 11 operation or activation of any floodway or backwater fea12 ture within the Mississippi River and Tributaries Project 13 through natural overtopping of a Federal levee or artificial 14 crevassing of a Federal levee to relieve pressure on the 15 levees elsewhere in the system, the Secretary shall expedi16 tiously reset and restore the damaged floodway’s levees. 17 (b) CONSULTATION.—In carrying out subsection (a), 18 the Secretary shall provide an opportunity for consultation 19 with affected communities. 20 (c) MISSISSIPPI RIVER AND TRIBUTARIES 21 PROJECT.—The term ‘‘Mississippi River and Tributaries 22 Project’’ means the Mississippi River and Tributaries 23 project authorized by the Act of May 15, 1928 (Chap. 24 569; 45 Stat. 534). g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 37 1 SEC. 1129. INCLUSION OF TRIBAL INTERESTS IN PROJECT 2 CONSULTATIONS. 3 (a) REPORT REQUIRED.—As soon as practicable fol- 4 lowing the date of enactment of this Act, the Secretary 5 shall submit the report required under section 1120(a)(3) 6 of the Water Resources Development Act of 2016 (130 7 Stat. 1643). 8 (b) CONSULTATION.—The Secretary shall ensure 9 that all existing Tribal consultation policies, regulations, 10 and guidance continue to be implemented, and that con11 sultations with Federal and State agencies and Indian 12 Tribes required for a water resources development project 13 are carried out. 14 SEC. 1130. BENEFICIAL USE OF DREDGED MATERIAL. 15 Section 1122 of the Water Resources Development 16 Act of 2016 (33 U.S.C. 2326 note) is amended— 17 (1) in subsection (b)(1), by striking ‘‘10’’ and 18 inserting ‘‘20’’; and 19 (2) in subsection (g), by striking ‘‘10’’ and in- 20 21 serting ‘‘20’’. SEC. 1131. ICE JAM PREVENTION AND MITIGATION. 22 Section 1150(c) of the Water Resources Development 23 Act of 2016 (33 U.S.C. 701s note) is amended— 24 (1) in paragraph (1)— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 38 1 (A) by striking ‘‘During fiscal years 2017 2 through 2022, the Secretary’’ and inserting 3 ‘‘The Secretary’’; and 4 (B) by striking ‘‘10 projects’’ and inserting 5 ‘‘20 projects’’; and 6 (2) in paragraph (2)— 7 (A) by striking ‘‘shall ensure’’ and insert- 8 ing the following : ‘‘shall— 9 ‘‘(A) ensure’’; 10 (B) by striking the period at the end and 11 inserting ‘‘; and’’; and 12 (C) by adding at the end the following: 13 ‘‘(B) select not fewer than 1 project to be 14 carried out on a reservation (as defined in sec- 15 tion 3 of the Indian Financing Act of 1974) 16 that serves more than 1 Indian tribe (as defined 17 in section 4 of the Indian Self-Determination 18 and Education Assistance Act).’’. 19 SEC. 1132. REHABILITATION OF CORPS OF ENGINEERS 20 21 CONSTRUCTED DAMS. Section 1177 of the Water Resources Development 22 Act of 2016 (33 U.S.C. 467f–2 note) is amended— 23 24 (1) in subsection (e), by striking ‘‘$10,000,000’’ and inserting ‘‘$40,000,000’’; and g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 39 1 (2) in subsection (f), by striking ‘‘$10,000,000’’ 2 3 and inserting ‘‘$40,000,000’’. SEC. 1133. COLUMBIA RIVER. 4 (a) BONNEVILLE DAM, OREGON.— 5 (1) IN Secretary, in consulta- 6 tion with the Secretary of the Interior, shall examine 7 and assess the extent to which Indians (as defined 8 in section 4 of the Indian Self-Determination and 9 Education Assistance Act (25 U.S.C. 5304)) have 10 been displaced as a result of the construction of the 11 Bonneville Dam, Oregon, as authorized by the first 12 section of the Act of August 30, 1935 (49 Stat. 13 1032) and the first section and section 2(a) of the 14 Act of August 20, 1937 (16 U.S.C. 832, 832a(a)). 15 (2) INCLUSION.—The examination and assess- 16 ment under paragraph (1) may include assessments 17 relating to housing and related facilities. 18 (3) ASSISTANCE.—If the Secretary determines, 19 based on the examination and assessment under 20 paragraph (1), that assistance is required or needed, 21 the Secretary may use all existing authorities of the 22 Secretary, including under this Act, to provide as- 23 sistance to Indians who have been displaced as a re- 24 sult of the construction of the Bonneville Dam, Or- 25 egon. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—The 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 40 1 (4) 2 1178(c)(1)(A) of the Water Resources Development 3 Act of 2016 (130 Stat. 1675) is amended by strik- 4 ing ‘‘Upon the request of the Secretary of the Inte- 5 rior, the Secretary may provide assistance’’ and in- 6 serting ‘‘The Secretary, in consultation with the Sec- 7 retary of the Interior, may provide assistance’’. 8 (b) JOHN DAY DAM, WASHINGTON 9 (1) IN GENERAL.—The OREGON.— AND Secretary, in consulta- 10 tion with the Secretary of the Interior, shall examine 11 and assess the extent to which Indians (as defined 12 in section 4 of the Indian Self-Determination and 13 Education Assistance Act (25 U.S.C. 5304)) have 14 been displaced as a result of the construction of the 15 John Day Dam, Oregon, as authorized by section 16 204 of the Flood Control Act of 1950 (64 Stat. 17 179). 18 19 (2) INCLUSION.—The examination and assessment under paragraph (1) may include— 20 (A) assessments relating to housing and 21 related facilities; and 22 (B) the study required by section 23 1178(c)(2) of the Water Resources Develop- 24 ment Act of 2016 (130 Stat. 1675). g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 ASSISTANCE.—Section TRIBAL 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 41 1 (3) ASSISTANCE.—If the Secretary determines, 2 based on the examination and assessment under 3 paragraph (1), that assistance is required or needed, 4 the Secretary may use all existing authorities of the 5 Secretary, including under this Act, to provide as- 6 sistance to Indians who have been displaced as a re- 7 sult of the construction of the John Day Dam, Or- 8 egon. 9 (c) DALLES DAM, WASHINGTON AND OREGON.— 10 (1) IN Secretary, in consulta- 11 tion with the Secretary of the Interior, shall com- 12 plete and carry out a village development plan for 13 any Indian village submerged as a result of the con- 14 struction of the Dalles Dam, Columbia River, Wash- 15 ington and Oregon, as authorized by section 204 of 16 the Flood Control Act of 1950 (64 Stat. 179). 17 (2) ASSISTANCE.—The Secretary may acquire 18 land from willing land owners in carrying out a vil- 19 lage development plan under paragraph (1). 20 (3) REQUIREMENTS.—A village development 21 plan completed under paragraph (1) shall include, at 22 a minimum, an estimated cost and tentative sched- 23 ule for the construction of a replacement village. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—The 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 42 1 SEC. 1134. MISSOURI RIVER RESERVOIR SEDIMENT MAN- 2 3 AGEMENT. Section 1179(a) of the Water Resources Development 4 Act of 2016 (130 Stat. 1675) is amended— 5 6 (1) by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively; 7 8 (2) by inserting after paragraph (3) the following: 9 ‘‘(4) PRIORITIZATION 10 MENT PLANS.—In 11 under this subsection, the Secretary shall give pri- 12 ority to developing and implementing sediment man- 13 agement plans that affect reservoirs that cross State 14 lines.’’; and 15 carrying out the pilot project (3) in paragraph (8) (as so redesignated)— 16 (A) by redesignating subparagraph (B) as 17 subparagraph (D); and 18 (B) by striking subparagraph (A) and in- 19 serting the following: 20 ‘‘(A) IN GENERAL.—The Secretary shall 21 carry out the pilot program established under 22 this subsection in partnership with the Sec- 23 retary of the Interior, and the program shall 24 apply to reservoirs managed or owned by the 25 Bureau of Reclamation. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 OF SEDIMENT MANAGE- 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 43 1 ‘‘(B) MEMORANDUM OF AGREEMENT.— 2 For sediment management plans that apply to 3 a reservoir managed or owned by the Bureau of 4 Reclamation under subparagraph (A), the Sec- 5 retary and the Secretary of the Interior shall 6 execute a memorandum of agreement estab- 7 lishing the framework for a partnership and the 8 terms and conditions for sharing expertise and 9 resources. 10 ‘‘(C) PAYMENTS.—The Secretary is au- 11 thorized to accept and expend funds from the 12 Secretary of the Interior to complete any work 13 under this paragraph at a reservoir managed or 14 owned by the Bureau of Reclamation.’’. 15 SEC. 1135. REAUTHORIZATION 16 OF LOCK OPERATIONS PILOT PROGRAM. 17 Section 1017(f) of the Water Resources Reform and 18 Development Act of 2014 (33 U.S.C. 2212 note) is 19 amended by striking ‘‘5 years’’ and inserting ‘‘10 years’’. 20 SEC. 1136. CREDIT OR REIMBURSEMENT. 21 (a) IN GENERAL.—Section 1022 of the Water Re- 22 sources Reform and Development Act of 2014 (33 U.S.C. 23 2225) is amended to read as follows: g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 44 1 ‘‘SEC. 1022. CREDIT OR REIMBURSEMENT. 2 ‘‘(a) REQUESTS FOR CREDITS.—With respect to an 3 authorized flood damage reduction project, or separable 4 element thereof, that has been constructed by a non-Fed5 eral interest under section 211 of the Water Resources 6 Development Act of 1996 (33 U.S.C. 701b–13), or an au7 thorized coastal navigation project that has been con8 structed by the Corps of Engineers pursuant to section 9 11 of the Act of March 3, 1925, before the date of enact10 ment of the Water Resources Development Act of 2018, 11 the Secretary may provide to the non-Federal interest, at 12 the request of the non-Federal interest, a credit in an 13 amount equal to the estimated Federal share of the cost 14 of the project or separable element, in lieu of providing 15 to the non-Federal interest a reimbursement in that 16 amount or reimbursement of funds of an equivalent 17 amount, subject to the availability of appropriations. 18 ‘‘(b) APPLICATION OF CREDITS.—At the request of 19 the non-Federal interest, the Secretary may apply all or 20 a portion of such credit to the share of the cost of the 21 non-Federal interest of carrying out other flood damage 22 reduction and coastal navigation projects or studies. 23 ‘‘(c) APPLICATION OF REIMBURSEMENT.—At the re- 24 quest of the non-Federal interest, the Secretary may apply 25 such funds, subject to the availability of appropriations, 26 equal to the share of the cost of the non-Federal interest g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 45 1 of carrying out other flood damage reduction and coastal 2 navigation projects or studies.’’. 3 (b) CLERICAL AMENDMENT.—The table of contents 4 contained in section 1(b) of the Water Resources Reform 5 and Development Act of 2014 (128 Stat. 1193) is amend6 ed by striking the item relating to section 1022 and insert7 ing the following: ‘‘Sec. 1022. Credit or reimbursement.’’. 8 SEC. 1137. NON-FEDERAL IMPLEMENTATION PILOT PRO- 9 10 GRAM. Section 1043(b) of the Water Resources Reform and 11 Development Act of 2014 (33 U.S.C. 2201 note) is 12 amended— 13 (1) in paragraph (3)(A)(i)— 14 (A) in the matter preceding subclause 15 (I)— 16 (i) by striking ‘‘15’’ and inserting 17 ‘‘20’’; and 18 (ii) by striking ‘‘prior to the date of 19 enactment of this Act’’; 20 (B) in subclause (I)— 21 (i) in the matter preceding item (aa), 22 by inserting ‘‘that have been authorized for 23 construction prior to the date of enactment 24 of this Act and’’ after ‘‘not more than 12 25 projects’’; and g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 46 1 (ii) in item (bb), by striking ‘‘; and’’ 2 and inserting a semicolon; 3 (C) in subclause (II)— 4 (i) by inserting ‘‘that have been au- 5 thorized for construction prior to the date 6 of enactment of this Act and’’ after ‘‘not 7 more than 3 projects’’; and 8 (ii) by striking the semicolon and in- 9 serting ‘‘; and’’; and 10 (D) by adding at the end the following: 11 ‘‘(III) not more than 5 projects 12 that have been authorized for con- 13 struction, but did not receive the au- 14 thorization prior to the date of enact- 15 ment of this Act;’’; and 16 (2) in paragraph (8), by striking ‘‘2015 17 through 2019’’ and inserting ‘‘2019 through 2023’’. 18 SEC. 1138. SURPLUS WATER CONTRACTS AND WATER STOR- 19 20 AGE AGREEMENTS. Section 1046(c) of the Water Resources Reform and 21 Development Act of 2014 (128 Stat. 1254) is amended— 22 (1) in paragraph (1)— 23 (A) by striking ‘‘shall not charge a fee’’ 24 and inserting the following: ‘‘shall not— 25 ‘‘(A) charge a fee’’; g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 47 1 (B) by striking ‘‘Reservoirs.’’ and inserting 2 ‘‘Reservoirs; or’’; and 3 (C) by adding at the end the following: 4 ‘‘(B) assess a water storage fee with re- 5 spect to any water storage in the Upper Mis- 6 souri Mainstem Reservoirs.’’; and 7 (2) in paragraph (3), by striking ‘‘10’’ and in- 8 9 serting ‘‘12’’. SEC. 1139. POST-DISASTER WATERSHED ASSESSMENTS IN 10 11 TERRITORIES OF THE UNITED STATES. Section 3025 of the Water Resources Reform and De- 12 velopment Act of 2014 (33 U.S.C. 2267b) is amended by 13 adding at the end the following: 14 ‘‘(e) ASSESSMENTS IN TERRITORIES OF THE UNITED 15 STATES.— 16 ‘‘(1) IN any major disaster de- 17 clared in a territory of the United States before the 18 date of enactment of this subsection, all activities in 19 the territory carried out or undertaken pursuant to 20 the authorities described in this section shall be con- 21 ducted at full Federal expense unless the President 22 determines that the territory has the ability to pay 23 the cost share for an assessment under this section 24 without the use of loans. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—For 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 48 1 ‘‘(2) TERRITORY DEFINED.—In this subsection, 2 the term ‘territory of the United States’ means an 3 insular area specified in section 1156(a)(1) of the 4 Water Resources Development Act of 1986 (33 5 U.S.C. 2310(a)(1)).’’. 6 SEC. 1140. EXPEDITED CONSIDERATION. 7 Section 7004(b)(4) of the Water Resources Reform 8 and Development Act of 2014 (128 Stat. 1374) is amend9 ed by striking ‘‘December 31, 2018’’ and inserting ‘‘De10 cember 31, 2024’’. 11 SEC. 1141. PROJECT STUDIES SUBJECT TO INDEPENDENT 12 PEER REVIEW. 13 Section 2034(h)(2) of the Water Resources Develop- 14 ment Act of 2007 (33 U.S.C. 2343(h)(2)) is amended by 15 striking ‘‘12 years’’ and inserting ‘‘17 years’’. 16 SEC. 1142. FEASIBILITY OF CHICAGO SANITARY AND SHIP 17 CANAL DISPERSAL BARRIERS PROJECT, ILLI- 18 NOIS. 19 Section 3061(d) of the Water Resources Development 20 Act of 2007 (Public Law 110–114; 121 Stat. 1121) is 21 amended— 22 23 (1) by striking ‘‘The Secretary’’ and inserting the following: 24 ‘‘(1) IN 25 (2) by adding at the end the following: g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 GENERAL.—The Secretary’’; and (705684 4) PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 49 1 ‘‘(2) OPERATION AND MAINTENANCE.—Oper- 2 ation and maintenance of any project authorized to 3 be carried out pursuant to the feasibility study iden- 4 tified in paragraph (1) shall be carried out at 80 5 percent Federal expense and 20 percent non-Federal 6 expense. 7 ‘‘(3) CONSULTATION.—After construction of 8 any project authorized to be carried out pursuant to 9 the feasibility study identified in paragraph (1), the 10 Secretary shall consult with the Governor of the 11 State in which the project is constructed.’’. 12 SEC. 1143. ACKNOWLEDGMENT OF CREDIT. 13 Section 7007(a) of the Water Resources Development 14 Act of 2007 (121 Stat. 1277; 128 Stat. 1226) is amended 15 by adding at the end the following: ‘‘Notwithstanding sec16 tion 221(a)(4)(C)(i) of the Flood Control Act of 1970 (42 17 U.S.C. 1962d–5b(a)(4)(C)(i)), the Secretary may provide 18 credit for work carried out during the period beginning 19 on November 8, 2007, and ending on the date of enact20 ment of the Water Resources Development Act of 2018 21 by the non-Federal interest for a project under this title 22 if the Secretary determines that the work is integral to 23 the project and was carried out in accordance with the 24 requirements of subchapter 4 of chapter 31, and chapter 25 37, of title 40, United States Code.’’. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 50 1 SEC. 1144. LEVEE SAFETY INITIATIVE REAUTHORIZATION. 2 Title IX of the Water Resources Development Act of 3 2007 (33 U.S.C. 3301 et seq.) is amended— 4 (1) in section 9005(g)(2)(E)(i), by striking 5 ‘‘2015 through 2019’’ and inserting ‘‘2019 through 6 2023’’; and 7 (2) in section 9008, by striking ‘‘2015 through 8 2019’’ each place it appears and inserting ‘‘2019 9 through 2023’’. 10 SEC. 1145. FUNDING TO PROCESS PERMITS. 11 Section 214(a) of the Water Resources Development 12 Act of 2000 (33 U.S.C. 2352(a)) is amended— 13 (1) by striking paragraph (3) and redesignating 14 paragraphs (4) and (5) as paragraphs (3) and (4), 15 respectively; and 16 (2) in paragraph (4), as so redesignated— 17 (A) by striking ‘‘4 years after the date of 18 enactment of this paragraph’’ and inserting 19 ‘‘December 31, 2022’’; and 20 (B) by striking ‘‘carry out a study’’ and in- 21 22 serting ‘‘carry out a followup study’’. SEC. 1146. RESERVOIR SEDIMENT. 23 Section 215 of the Water Resources Development Act 24 of 2000 (33 U.S.C. 2326c) is amended— 25 (1) in subsection (a)— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 51 1 (A) by striking ‘‘the date of enactment of 2 the Water Resources Development Act of 2016’’ 3 and inserting ‘‘the date of enactment of the 4 Water Resources Development Act of 2018’’; 5 and 6 (B) by striking ‘‘shall establish, using 7 available funds, a pilot program to accept’’ and 8 inserting ‘‘shall, using available funds, accept’’; 9 (2) in subsection (b)— 10 (A) in paragraph (2), by adding ‘‘and’’ at 11 the end; 12 (B) in paragraph (3), by striking ‘‘; and’’ 13 at the end and inserting a period; and 14 (C) by striking paragraph (4); and 15 (3) by striking subsection (f) and inserting the 16 following: 17 ‘‘(f) REPORT TO CONGRESS.—Not later than 3 years 18 after the date of enactment of the Water Resources Devel19 opment Act of 2018, the Secretary shall submit to the 20 Committee on Environment and Public Works of the Sen21 ate and the Committee on Transportation and Infrastruc22 ture of the House of Representatives a report describing 23 the results of the program under this section.’’. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 52 1 SEC. 1147. CLARIFICATION FOR INTEGRAL DETERMINA- 2 3 TION. Section 601(e)(5) of the Water Resources Develop- 4 ment Act of 2000 (Public Law 106–541) is amended— 5 (1) in subparagraph (B)(i)— 6 (A) in subclause (II), by striking ‘‘; or’’ 7 and inserting a semicolon; and 8 (B) by inserting after subclause (III) the 9 following: 10 ‘‘(IV) the credit is provided for work 11 carried out by the non-Federal sponsor in 12 the 13 project implementation report, and such 14 work was defined in an agreement between 15 the Secretary and the non-Federal sponsor 16 prior to the execution of such work; or of an authorized 17 ‘‘(V) the credit is provided for any 18 work carried out by the non-Federal spon- 19 sor, as agreed to by the District Com- 20 mander and non-Federal sponsor in a writ- 21 ten agreement (which may include an elec- 22 tronic agreement) prior to such work being 23 carried out by the non-Federal sponsor;’’; 24 (2) in subparagraph (B), by amending clause 25 (iii) to read as follows: g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 implementation 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 53 1 ‘‘(iii) the Secretary determines that 2 the work performed by the non-Federal 3 sponsor— 4 ‘‘(I) is integral to the project; 5 and 6 ‘‘(II) was carried out in accord- 7 ance with the requirements of sub- 8 chapter 4 of chapter 31, and chapter 9 37, of title 40, United States Code.’’; 10 (3) by redesignating subparagraphs (C) through 11 (E) as subparagraphs (D) through (F), respectively; 12 and 13 (4) by inserting after subparagraph (B) the fol- 14 lowing: 15 ‘‘(C) TIMING.—In any case in which the 16 Secretary approves credit under subparagraph 17 (B), in a written agreement (which may include 18 an electronic agreement) with the non-Federal 19 sponsor, the Secretary shall provide such credit 20 for work completed under an agreement that 21 prescribes the terms and conditions for the in- 22 kind contributions.’’. 23 SEC. 1148. BENEFICIAL USE OF DREDGED SEDIMENT. 24 (a) IN GENERAL.—In carrying out a project for the 25 beneficial reuse of sediment to reduce storm damage to g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 54 1 property under section 204 of the Water Resources Devel2 opment Act of 1992 (33 U.S.C. 2326) that involves only 3 a single application of sediment, the Secretary may grant 4 a temporary easement necessary to facilitate the place5 ment of sediment, if the Secretary determines that grant6 ing a temporary easement is in the interest of the United 7 States. 8 (b) LIMITATION.—If the Secretary grants a tem- 9 porary easement under subsection (a) with respect to a 10 project, that project shall no longer be eligible for future 11 placement of sediment under section 204 of the Water Re12 sources Development Act of 1992 (33 U.S.C. 2326). 13 SEC. 1149. INCLUSION OF ALTERNATIVE MEASURES FOR 14 AQUATIC ECOSYSTEM RESTORATION. 15 (a) INCLUSION OF ALTERATIVE MEASURES FOR 16 AQUATIC ECOSYSTEM RESTORATION.—Section 206 of the 17 Water Resources Development Act of 1996 (33 U.S.C. 18 2230) is amended— 19 (1) by redesignating subsection (e) as sub- 20 section (f); and 21 (2) by inserting after subsection (d) the fol- 22 lowing: 23 ‘‘(e) USE 24 TURES.—In OF NATURAL AND NATURE-BASED FEA- carrying out a project to restore and protect 25 an aquatic ecosystem or estuary under subsection (a), the g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 55 1 Secretary shall consider, and may include, with the con2 sent of the non-Federal interest, a natural feature or na3 ture-based feature, as such terms are defined in section 4 1184 of the Water Resources Development Act of 2016, 5 if the Secretary determines that inclusion of such features 6 is consistent with the requirements of subsection (a).’’. 7 (b) AMENDMENT TO DEFINITION.—Section 8 1184(a)(2) of the Water Resources Development Act of 9 2016 (33 U.S.C. 2289a(a)(2)) is amended by striking ‘‘in 10 coastal areas’’. 11 SEC. 1150. REGIONAL SEDIMENT MANAGEMENT. 12 Section 204(a)(1)(A) of the Water Resources Devel- 13 opment Act of 1992 (33 U.S.C. 2326(a)(1)(A)) is amend14 ed by inserting ‘‘including a project authorized for flood 15 control,’’ after ‘‘an authorized Federal water resources 16 project,’’. 17 SEC. 1151. OPERATION AND MAINTENANCE OF NAVIGATION 18 19 AND HYDROELECTRIC FACILITIES. (a) IN GENERAL.—Section 314 of the Water Re- 20 sources Development Act of 1990 (33 U.S.C. 2321) is 21 amended— 22 23 (1) in the heading by inserting ‘‘NAVIGATION AND’’ 24 25 21:04 Sep 10, 2018 FACILITIES’’; (2) in the first sentence, by striking ‘‘Activities currently performed’’ and inserting the following: g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 before ‘‘HYDROELECTRIC Jkt 000000 (705684 4) PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 56 1 ‘‘(a) IN GENERAL.—Activities currently performed’’; 2 (3) in subsection (a) (as designated by para- 3 graph (2)), by inserting ‘‘navigation or’’ before ‘‘hy- 4 droelectric’’; 5 (4) in the second sentence, by striking ‘‘This 6 section’’ and inserting the following: 7 ‘‘(b) 8 LOWED.—This 9 MAJOR MAINTENANCE CONTRACTS AL- section’’; and (5) by adding at the end the following: 10 ‘‘(c) EXCLUSION.—This section does not— 11 ‘‘(1) apply to a navigation facility that was 12 under contract on or before the date of enactment 13 of this subsection with a non-Federal interest to per- 14 form operations or maintenance; and 15 ‘‘(2) prohibit the Secretary from contracting 16 out commercial activities after the date of enactment 17 of this subsection at a navigation facility.’’. 18 (b) CLERICAL AMENDMENT.—The table of contents 19 contained in section 1(b) of the Water Resources Develop20 ment Act of 1990 (104 Stat. 4604) is amended by striking 21 the item relating to section 314 and inserting the fol22 lowing: ‘‘Sec. 314. Operation and maintenance of navigation and hydroelectric facilities.’’. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00056 Fmt 6652 Sfmt 6211 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 57 1 SEC. 1152. STUDY OF WATER RESOURCES DEVELOPMENT 2 3 PROJECTS BY NON-FEDERAL INTERESTS. Section 203 of the Water Resources Development Act 4 of 1986 (33 U.S.C. 2231) is amended— 5 6 (1) in subsection (a)(1), by inserting ‘‘federally authorized’’ before ‘‘feasibility study’’; 7 (2) by amending subsection (c) to read as fol- 8 lows: 9 ‘‘(c) SUBMISSION TO CONGRESS.— 10 ‘‘(1) REVIEW 11 CONGRESS.—Not 12 of receipt of a feasibility study of a project under 13 subsection (a)(1), the Secretary shall submit to the 14 Committee on Environment and Public Works of the 15 Senate and the Committee on Transportation and 16 Infrastructure of the House of Representatives a re- 17 port that describes— later than 180 days after the date 18 ‘‘(A) the results of the Secretary’s review 19 of the study under subsection (b), including a 20 determination of whether the project is feasible; 21 ‘‘(B) any recommendations the Secretary 22 may have concerning the plan or design of the 23 project; and 24 ‘‘(C) any conditions the Secretary may re- 25 quire for construction of the project. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 AND SUBMISSION OF STUDIES TO 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 58 1 ‘‘(2) LIMITATION.—The completion of the re- 2 view by the Secretary of a feasibility study that has 3 been submitted under subsection (a)(1) may not be 4 delayed as a result of consideration being given to 5 changes in policy or priority with respect to project 6 consideration.’’; and 7 (3) by amending subsection (e) to read as fol- 8 lows: 9 ‘‘(e) REVIEW AND TECHNICAL ASSISTANCE.— 10 ‘‘(1) REVIEW.—The Secretary may accept and 11 expend funds provided by non-Federal interests to 12 undertake reviews, inspections, certifications, and 13 other activities that are the responsibility of the Sec- 14 retary in carrying out this section. 15 ‘‘(2) TECHNICAL the request 16 of a non-Federal interest, the Secretary shall provide 17 to the non-Federal interest technical assistance re- 18 lating to any aspect of a feasibility study if the non- 19 Federal interest contracts with the Secretary to pay 20 all costs of providing such technical assistance. 21 ‘‘(3) LIMITATION.—Funds provided by non- 22 Federal interests under this subsection shall not be 23 eligible for credit under subsection (d) or reimburse- 24 ment. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 ASSISTANCE.—At 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 59 1 DECISIONMAKING.—In ‘‘(4) IMPARTIAL carrying 2 out this section, the Secretary shall ensure that the 3 use of funds accepted from a non-Federal interest 4 will not affect the impartial decisionmaking of the 5 Secretary, either substantively or procedurally. 6 ‘‘(5) SAVINGS PROVISION.—The provision of 7 technical assistance by the Secretary under para- 8 graph (2)— 9 ‘‘(A) shall not be considered to be an ap- 10 proval or endorsement of the feasibility study; 11 and 12 ‘‘(B) shall not affect the responsibilities of 13 the Secretary under subsections (b) and (c).’’. 14 SEC. 1153. CONSTRUCTION OF WATER RESOURCES DEVEL- 15 OPMENT PROJECTS BY NON-FEDERAL INTER- 16 ESTS. 17 Section 204 of the Water Resources Development Act 18 of 1986 (33 U.S.C. 2232) is amended— 19 (1) in subsection (b)— 20 (A) in paragraph (1), in the matter pre- 21 ceding subparagraph (A), by inserting ‘‘feder- 22 ally authorized’’ before ‘‘water resources devel- 23 opment project’’; g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 60 1 (B) in paragraph (2)(A), by inserting ‘‘, 2 except as provided in paragraph (3)’’ before the 3 semicolon; and 4 (C) by adding at the end the following: 5 ‘‘(3) PERMIT 6 ‘‘(A) IN GENERAL.—For a project de- 7 scribed in subsection (a)(1) or subsection 8 (a)(3), or a separable element thereof, with re- 9 spect to which a written agreement described in 10 subparagraph (B) has been entered into, a non- 11 Federal interest that carries out a project under 12 this section shall not be required to obtain any 13 Federal permits or approvals that would not be 14 required if the Secretary carried out the project 15 or separable element unless significant new cir- 16 cumstances or information relevant to environ- 17 mental concerns or compliance have arisen since 18 development of the project recommendation. 19 ‘‘(B) WRITTEN AGREEMENT.—For pur- 20 poses of this paragraph, a written agreement 21 shall provide that the non-Federal interest shall 22 comply with the same legal and technical re- 23 quirements that would apply if the project or 24 separable element were carried out by the Sec- 25 retary, including all mitigation required to off- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 EXCEPTION.— 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 61 1 set environmental impacts of the project or sep- 2 arable element as determined by the Secretary. 3 ‘‘(C) 4 subparagraph (A), if a non-Federal interest car- 5 rying out a project under this section would, in 6 the absence of a written agreement entered into 7 under this paragraph, be required to obtain a 8 certification from a State under Federal law to 9 carry out the project, such certification shall 10 still be required if a written agreement is en- 11 tered into with respect to the project under this 12 paragraph. 13 ‘‘(4) DATA 14 SHARING.— ‘‘(A) IN GENERAL.—If a non-Federal in- 15 terest for a water resources development project 16 begins to carry out that water resources devel- 17 opment project under this section, the non-Fed- 18 eral interest may request that the Secretary 19 transfer to the non-Federal interest all relevant 20 data and documentation under the control of 21 the Secretary with respect to that water re- 22 sources development project. 23 ‘‘(B) DEADLINE.—Except as provided in 24 subparagraph (C), the Secretary shall transfer 25 the data and documentation requested by a g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 CERTIFICATIONS.—Notwithstanding 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 62 1 non-Federal interest under subparagraph (A) 2 not later than the date that is 90 days after the 3 date on which the non-Federal interest so re- 4 quests such data and documentation. 5 ‘‘(C) LIMITATION.—Nothing in this para- 6 graph obligates the Secretary to share any data 7 or documentation that the Secretary considers 8 to be proprietary information.’’; 9 (2) by amending subsection (c) to read as fol- 10 lows: 11 ‘‘(c) STUDIES AND ENGINEERING.— 12 ‘‘(1) IN requested by an ap- 13 propriate non-Federal interest, the Secretary shall 14 undertake all necessary studies, engineering, and 15 technical assistance on construction for any project 16 to be undertaken under subsection (b), and provide 17 technical assistance in obtaining all necessary per- 18 mits for the construction, if the non-Federal interest 19 contracts with the Secretary to furnish the United 20 States funds for the studies, engineering, or tech- 21 nical assistance on construction in the period during 22 which the studies, engineering, or technical assist- 23 ance on construction are being conducted. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—When 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 63 1 ‘‘(2) NO in this section may 2 be construed to waive any requirement of section 3 3142 of title 40, United States Code. 4 ‘‘(3) LIMITATION.—Funds provided by non- 5 Federal interests under this subsection shall not be 6 eligible for credit or reimbursement under subsection 7 (d). 8 ‘‘(4) IMPARTIAL DECISIONMAKING.—In carrying 9 out this section, the Secretary shall ensure that the 10 use of funds accepted from a non-Federal interest 11 will not affect the impartial decisionmaking of the 12 Secretary, either substantively or procedurally.’’; and 13 (3) in subsection (d)— 14 (A) in paragraph (3)— 15 (i) in subparagraph (A), by striking ‘‘; 16 and’’ and inserting a semicolon; 17 (ii) in subparagraph (B)(ii), by strik- 18 ing the period at the end and inserting ‘‘; 19 and’’; and 20 (iii) by adding at the end the fol- 21 lowing: 22 ‘‘(C) in the case of reimbursement, appro- 23 priations are provided by Congress for such 24 purpose.’’; and 25 (B) in paragraph (5)— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 WAIVER.—Nothing 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 64 1 (i) by striking ‘‘flood damage reduc- 2 tion’’ each place it appears and inserting 3 ‘‘water resources development’’; 4 (ii) in subparagraph (A), by striking 5 ‘‘for a discrete segment of a’’ and inserting 6 ‘‘for carrying out a discrete segment of a 7 federally authorized’’; and 8 (iii) in subparagraph (D), in the mat- 9 ter preceding clause (i), by inserting ‘‘to be 10 11 carried out’’ after ‘‘project’’. SEC. 1154. CORPS BUDGETING; 12 DEAUTHORIZATIONS; 13 BACKLOG REPORT. 14 PROJECT COMPREHENSIVE (a) IN GENERAL.—Section 1001 of the Water Re- 15 sources Development Act of 1986 (33 U.S.C. 579a) is 16 amended— 17 (1) by striking the section designator and all 18 that follows through ‘‘Any project’’ and inserting the 19 following: 20 ‘‘SEC. CORPS BUDGETING; 21 DEAUTHORIZATIONS; 22 BACKLOG REPORT. 23 25 COMPREHENSIVE (2) in subsection (b), by striking paragraphs (3) and (4) and inserting the following: g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) 21:04 Sep 10, 2018 PROJECT ‘‘(a) Any project’’; and 24 VerDate 0ct 09 2002 1001. Jkt 000000 (705684 4) PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 65 1 2 ‘‘(3) COMPREHENSIVE AND OPERATION AND MAINTENANCE REPORT.— 3 ‘‘(A) IN 4 GENERAL.—The Secretary, once every 2 years, shall compile and publish— 5 ‘‘(i) a complete list of all projects and 6 separable elements of projects of the Corps 7 of Engineers that are authorized for con- 8 struction but have not been completed; 9 ‘‘(ii) a complete list of all feasibility 10 studies of the Corps of Engineers that 11 Congress has authorized the Secretary to 12 carry out for which a Report of the Chief 13 of Engineers has not been issued; 14 ‘‘(iii) a complete list of all environ- 15 mental infrastructure projects authorized 16 by Congress under section 219 of the 17 Water Resources Development Act of 1992 18 (106 Stat. 4835); and 19 ‘‘(iv) a list of major Federal operation 20 and maintenance needs of projects and 21 properties under the control of the Corps 22 of Engineers. 23 ‘‘(B) REQUIRED INFORMATION.—The Sec- 24 retary shall include on each list developed under 25 clause (i), (ii), or (iii) of subparagraph (A) for g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 CONSTRUCTION BACKLOG 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 66 1 each feasibility study, project, and separable 2 element on that list— 3 ‘‘(i) the date of authorization of the 4 feasibility study, project, or separable ele- 5 ment, including any subsequent modifica- 6 tions to the original authorization; 7 ‘‘(ii) the original budget authority for 8 the feasibility study, project, or separable 9 element; 10 ‘‘(iii) a brief description of the feasi- 11 bility study, project, or separable element; 12 ‘‘(iv) the estimated date of completion 13 of the feasibility study, project, or sepa- 14 rable element, assuming all capability is 15 fully funded; 16 ‘‘(v) the estimated total cost of com- 17 pletion of the feasibility study, project, or 18 separable element; 19 ‘‘(vi) the amount of funds spent on 20 the feasibility study, project, or separable 21 element, including Federal and non-Fed- 22 eral funds; 23 ‘‘(vii) the amount of appropriations 24 estimated to be required in each fiscal year 25 during the period of construction to com- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 67 1 plete the project or separable element by 2 the date specified under clause (iv); 3 ‘‘(viii) the location of the feasibility 4 study, project, or separable element; 5 ‘‘(ix) a statement from the non-Fed- 6 eral interest for the project or separable 7 element indicating the non-Federal inter- 8 est’s capability to provide the required 9 local cooperation estimated to be required 10 for the project or separable element in 11 each fiscal year during the period of con- 12 struction; 13 ‘‘(x) the benefit-cost ratio of the 14 project or separable element, calculated 15 using the discount rate specified by the Of- 16 fice of Management and Budget for pur- 17 poses of preparing the President’s budget 18 pursuant to chapter 11 of title 31, United 19 States Code; 20 ‘‘(xi) the benefit-cost ratio of the 21 project or separable element, calculated 22 using the discount rate utilized by the 23 Corps of Engineers for water resources de- 24 velopment project planning pursuant to 25 section 80 of the Water Resources Devel- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 68 1 opment Act of 1974 (42 U.S.C. 1962d– 2 17); and 3 ‘‘(xii) the last fiscal year in which the 4 project or separable element incurred obli- 5 gations. 6 ‘‘(C) REQUIRED 7 NANCE INFORMATION.—The 8 clude on the list developed under subparagraph 9 (A)(iv), for each project and property under the 10 control of the Corps of Engineers on that list— 11 ‘‘(i) the authority under which the 12 project was authorized or the property was 13 acquired by the Corps of Engineers; 14 Secretary shall in- ‘‘(ii) a brief description of the project 15 or property; 16 ‘‘(iii) an estimate of the Federal costs 17 to meet the major operation and mainte- 18 nance needs at the project or property; and 19 ‘‘(iv) an estimate of unmet or deferred 20 operation and maintenance needs at the 21 project or property. 22 ‘‘(D) PUBLICATION.— 23 ‘‘(i) IN GENERAL.—For fiscal year 24 2020, and once every 2 years thereafter, in 25 conjunction with the President’s annual g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 OPERATION AND MAINTE- 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 69 1 budget submission to Congress under sec- 2 tion 1105(a) of title 31, United States 3 Code, the Secretary shall submit a copy of 4 the lists developed under subparagraph (A) 5 to— 6 ‘‘(I) the Committee on Environ- 7 ment and Public Works and the Com- 8 mittee on Appropriations of the Sen- 9 ate and the Committee on Transpor- 10 tation and Infrastructure and the 11 Committee on Appropriations of the 12 House of Representatives; and 13 ‘‘(II) the Director of the Office of 14 Management and Budget. 15 ‘‘(ii) PUBLIC AVAILABILITY.—The 16 Secretary shall make a copy of the lists 17 available on a publicly accessible website 18 site in a manner that is downloadable, 19 searchable, and sortable.’’. 20 21 (b) BUDGETARY EVALUATION METRICS PARENCY.—Beginning AND TRANS- in fiscal year 2020, in the formula- 22 tion of the annual budget request for the U.S. Army Corps 23 of Engineers (Civil Works) pursuant to section 1105(a) 24 of title 31, United States Code, the President shall ensure 25 that such budget request— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 70 1 (1) aligns the assessment of the potential ben- 2 efit-cost ratio for budgeting water resources develop- 3 ment projects with that used by the Corps of Engi- 4 neers during project plan formulation and evaluation 5 pursuant to section 80 of the Water Resources De- 6 velopment Act of 1974 (42 U.S.C. 1962d–17); and 7 (2) demonstrates the transparent criteria and 8 metrics utilized by the President in the evaluation 9 and selection of water resources development 10 projects included in such budget request. 11 (c) PUBLIC PARTICIPATION.—In the development of, 12 or any proposed major substantive modification to, a pro13 posed budget for water resources development projects, 14 the Secretary, through each District shall, not less fre15 quently than annually— 16 (1) provide to non-Federal interests and other 17 interested stakeholders information on the proposed 18 budget for projects or substantive modifications to 19 project budgets within each District’s jurisdiction; 20 (2) hold multiple public meetings to discuss the 21 budget for projects within each District’s jurisdic- 22 tion; and 23 (3) provide to non-Federal interests the oppor- 24 tunity to collaborate with District personnel for 25 projects within each District’s jurisdiction— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 71 1 (A) to support information sharing; and 2 (B) to the maximum extent practicable, to 3 share in concept development and decision- 4 making to achieve complementary or integrated 5 solutions to problems. 6 SEC. 1155. INDIAN TRIBES. 7 8 (a) COST SHARING PROVISIONS AND FOR TERRITORIES INDIAN TRIBES.—Section 1156(a)(2) of the Water 9 Resources Development Act of 1986 (33 U.S.C. 10 2310(a)(2)) is amended by striking ‘‘(as defined’’ and all 11 that follows through the period at the end and inserting 12 ‘‘or tribal organization (as those terms are defined in sec13 tion 4 of the Indian Self-Determination and Education As14 sistance Act (25 U.S.C. 5304)).’’. 15 (b) WRITTEN AGREEMENT REQUIREMENT FOR 16 WATER RESOURCES PROJECTS.—Section 221(b)(1) of the 17 Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)(1)) 18 is amended by striking ‘‘(including a’’ and all that follows 19 through ‘‘; or’’ at the end and inserting ‘‘(including an 20 Indian tribe and a tribal organization (as those terms are 21 defined in section 4 of the Indian Self-Determination and 22 Education Assistance Act (25 U.S.C. 5304)); or’’. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 72 1 SEC. 1156. INFLATION ADJUSTMENT OF COST-SHARING 2 PROVISIONS FOR TERRITORIES AND INDIAN 3 TRIBES. 4 Section 1156(b) of the Water Resources Development 5 Act of 1986 (33 U.S.C. 2310(b)) is amended by striking 6 ‘‘the date of enactment of this subsection’’ and inserting 7 ‘‘the date of enactment of the Water Resources Develop8 ment Act of 2018’’. 9 SEC. 1157. CORPS OF ENGINEERS CONTINUING AUTHORI- 10 TIES PROGRAM. 11 12 (a) STORM PACT AND HURRICANE RESTORATION AND IM- MINIMIZATION PROGRAM.—Section 3(c)(1) of the 13 Act of August 13, 1946 (33 U.S.C. 426g(c)(1)) is amend14 ed by striking ‘‘$30,000,000’’ and inserting 15 ‘‘$37,500,000’’. 16 (b) SMALL RIVER AND HARBOR IMPROVEMENT 17 PROJECTS.—Section 107(a) of the River and Harbor Act 18 of 1960 (33 U.S.C. 577(a)) is amended by striking 19 ‘‘$50,000,000’’ and inserting ‘‘$62,500,000’’. 20 (c) SHORE DAMAGE PREVENTION OR MITIGATION.— 21 Section 111(c) of the River and Harbor Act of 1968 (33 22 U.S.C. 426i(c)) is amended by striking ‘‘$10,000,000’’ 23 and inserting ‘‘$12,500,000’’. 24 (d) REGIONAL SEDIMENT MANAGEMENT.—Section 25 204(g) of the Water Resources Development Act of 1992 g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 73 1 (33 U.S.C. 2326(g)) is amended in the first sentence by 2 striking ‘‘$50,000,000’’ and inserting ‘‘$62,500,000’’. 3 (e) SMALL FLOOD CONTROL PROJECTS.—Section 4 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) 5 is amended in the first sentence by striking 6 ‘‘$55,000,000’’ and inserting ‘‘$68,750,000’’. 7 (f) AQUATIC ECOSYSTEM RESTORATION.—Section 8 206(f) of the Water Resources Development Act of 1996 9 (as redesignated by section 1149) is amended by striking 10 ‘‘$50,000,000’’ and inserting ‘‘$62,500,000’’. 11 (g) PROJECT MODIFICATIONS FOR IMPROVEMENT OF 12 ENVIRONMENT.—Section 1135(h) of the Water Resources 13 Development Act of 1986 (33 U.S.C. 2309a(h)) is amend14 ed by striking ‘‘$40,000,000’’ and inserting 15 ‘‘$50,000,000’’. 16 (h) EMERGENCY STREAMBANK AND SHORELINE 17 PROTECTION.—Section 14 of the Flood Control Act of 18 1946 (33 U.S.C. 701r) is amended by striking 19 ‘‘$20,000,000’’ and inserting ‘‘$25,000,000’’. 20 (i) TRIBAL PARTNERSHIP PROGRAM.—Section 21 203(b)(4) of the Water Resources Development Act of 22 2000 (33 U.S.C. 2269) is amended to read as follows: 23 ‘‘(4) DESIGN 24 ‘‘(A) IN 25 21:04 Sep 10, 2018 GENERAL.—The Secretary may carry out the design and construction of a g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 AND CONSTRUCTION.— Jkt 000000 (705684 4) PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 74 1 water resources development project, or sepa- 2 rable element of a project, described in para- 3 graph (1) that the Secretary determines is fea- 4 sible if the Federal share of the cost of the 5 project or separable element is not more than 6 $12,500,000. 7 ‘‘(B) SPECIFIC AUTHORIZATION.—If the 8 Federal share of the cost of the project or sepa- 9 rable element described in subparagraph (A) is 10 more than $12,500,000, the Secretary may only 11 carry out the project or separable element if 12 Congress enacts a law authorizing the Secretary 13 to carry out the project or separable element.’’. 14 SEC. 1158. HURRICANE AND STORM DAMAGE REDUCTION. 15 Section 156 of the Water Resources Development Act 16 of 1976 (42 U.S.C. 1962d–5f) is amended— 17 (1) in subsection (b)— 18 (A) by striking ‘‘Notwithstanding’’ and in- 19 serting the following: 20 ‘‘(1) IN and 21 (B) by adding at the end the following: 22 ‘‘(2) TIMING.—The 15 additional years pro- 23 vided under paragraph (1) shall begin on the date 24 of initiation of construction of congressionally au- 25 thorized nourishment.’’; and g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—Notwithstanding’’; 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 75 1 (2) in subsection (e), by striking ‘‘5 year-pe- 2 3 riod’’ and inserting ‘‘10-year period’’. SEC. 1159. REGIONAL COALITIONS AND HIGHER EDU- 4 5 CATION. Section 22(a) of the Water Resources Development 6 Act of 1974 (42 U.S.C. 1962d-16(a)) is amended— 7 8 (1) by amending paragraph (1) to read as follows: 9 ‘‘(1) COMPREHENSIVE Secretary 10 of the Army, acting through the Chief of Engineers, 11 is authorized to cooperate with any State, group of 12 States, non-Federal interest working with a State or 13 group of States, or regional coalition of govern- 14 mental entities in the preparation of comprehensive 15 plans for the development, utilization, and conserva- 16 tion of the water and related resources of drainage 17 basins, watersheds, or ecosystems located within the 18 boundaries of such State, interest, or entity, includ- 19 ing plans to comprehensively address water re- 20 sources challenges, and to submit to Congress re- 21 ports and recommendations with respect to appro- 22 priate Federal participation in carrying out such 23 plans.’’; and 24 (2) by adding at the end the following: g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 PLANS.—The 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 76 1 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 2 Notwithstanding section 236 of title 10, United 3 States Code, in carrying out this subsection, the 4 Secretary may work with an institution of higher 5 education, as determined appropriate by the Sec- 6 retary.’’. 7 SEC. 1160. EMERGENCY RESPONSE TO NATURAL DISAS- 8 9 TERS. Section 5(a)(1) of the Act of August 18, 1941 (33 10 U.S.C. 701n(a)(1)) is amended in the first sentence— 11 (1) by striking ‘‘strengthening, raising, extend- 12 ing, or other modification thereof’’ and inserting 13 ‘‘strengthening, raising, extending, realigning, or 14 other modification thereof’’; and 15 (2) by striking ‘‘structure or project damaged 16 or destroyed by wind, wave, or water action of other 17 than an ordinary nature to the design level of pro- 18 tection when, in the discretion of the Chief of Engi- 19 neers,’’ and inserting ‘‘structure or project damaged 20 or destroyed by wind, wave, or water action of other 21 than an ordinary nature to either the pre-storm level 22 or the design level of protection, whichever provides 23 greater protection, when, in the discretion of the 24 Chief of Engineers,’’. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 77 1 SEC. 1161. COST AND BENEFIT FEASIBILITY ASSESSMENT. 2 (a) COST BENEFIT AND SPECIAL CONDITIONS.—Sec- 3 tion 5(a) of the Act of August 18, 1941 (33 U.S.C. 4 701n(a)), as amended by this Act, is further amended by 5 striking paragraph (2) and inserting the following: 6 7 ‘‘(2) COST MENT.— 8 ‘‘(A) CONSIDERATION OF BENEFITS.—In 9 preparing a cost and benefit feasibility assess- 10 ment for any emergency project described in 11 paragraph (1), the Chief of Engineers shall con- 12 sider the benefits to be gained by such project 13 for the protection of— 14 ‘‘(i) residential establishments; 15 ‘‘(ii) commercial establishments, in- 16 cluding the protection of inventory; and 17 ‘‘(iii) agricultural establishments, in- 18 cluding the protection of crops. 19 ‘‘(B) SPECIAL 20 ‘‘(i) 21 WORK.—The 22 out repair or restoration work described in 23 paragraph (1) that does not produce bene- 24 fits greater than the cost if— 25 TO CARRY OUT Chief of Engineers may carry the non-Federal sponsor agrees to pay an amount sufficient to g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) 21:04 Sep 10, 2018 CONDITIONS.— AUTHORITY ‘‘(I) 26 VerDate 0ct 09 2002 AND BENEFIT FEASIBILITY ASSESS- Jkt 000000 (705684 4) PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 78 1 make the remaining costs of the 2 project equal to the estimated value of 3 the benefits of the repair or restora- 4 tion work; and 5 ‘‘(II) the Secretary determines 6 that— 7 ‘‘(aa) the damage to the 8 structure was not a result of neg- 9 ligent operation or maintenance; 10 and 11 ‘‘(bb) repair of the project 12 could 13 project. 14 benefit ‘‘(ii) TREATMENT another OF Corps PAYMENTS.— 15 Non-Federal payments pursuant to clause 16 (i) shall be in addition to any non-Federal 17 payments required by the Chief of Engi- 18 neers that are applicable to the remaining 19 costs of the repair or restoration work.’’. 20 (b) CONTINUED ELIGIBILITY.—Notwithstanding a 21 non-Federal flood control work’s status in the Rehabilita22 tion and Inspection Program carried out pursuant to sec23 tion 5 of the Act of August 18, 1941 (33 U.S.C. 701n), 24 any unconstructed emergency project for the non-Federal 25 flood control work that was formulated during the three g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 79 1 fiscal years preceding the fiscal year in which this Act was 2 enacted but that was determined to not produce benefits 3 greater than costs shall remain eligible for assistance 4 under such section 5 until the last day of the third fiscal 5 year following the fiscal year in which this Act was enacted 6 if— 7 (1) the non-Federal sponsor agrees, in accord- 8 ance with such section 5, as amended by this Act, 9 to pay an amount sufficient to make the remaining 10 costs of the project equal to the estimated value of 11 the benefits of the repair or restoration work; and 12 (2) the Secretary determines that— 13 (A) the damage to the structure was not as 14 a result of negligent operation or maintenance; 15 and 16 (B) repair of the project could benefit an- 17 18 other Corps project. SEC. 1162. EXTENDED COMMUNITY ASSISTANCE BY THE 19 20 CORPS OF ENGINEERS. Section 5(a) of the Act of August 18, 1941 (33 21 U.S.C. 701n(a)), as amended by this Act, is further 22 amended— 23 24 (1) by redesignating paragraph (3) as paragraph (4); and g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 80 1 (2) by inserting after paragraph (2) the fol- 2 lowing: 3 ‘‘(3) EXTENDED ASSISTANCE.—Upon request 4 by a locality receiving assistance under the fourth 5 sentence of paragraph (1), the Secretary shall, sub- 6 ject to the availability of appropriations, enter into 7 an agreement with the locality to provide such as- 8 sistance beyond the time period otherwise provided 9 for by the Secretary under such sentence.’’. 10 SEC. 1163. DAM SAFETY. 11 Section 14 of the National Dam Safety Program Act 12 (33 U.S.C. 467j) is amended by striking ‘‘2015 through 13 2019’’ each place it appears and inserting ‘‘2019 through 14 2023’’. 15 SEC. 1164. LOCAL GOVERNMENT WATER MANAGEMENT 16 17 PLANS. With the consent of the non-Federal interest for a 18 feasibility study for a water resources development project, 19 the Secretary may enter into a written agreement under 20 section 221(a) of the Flood Control Act of 1970, with a 21 unit of local government in the watershed that has adopt22 ed a local or regional water management plan, to allow 23 the unit of local government to participate in the feasi24 bility study to determine if there is an opportunity to in25 clude additional feasible elements in the project in order g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 81 1 to help achieve the purposes identified in the local or re2 gional water management plan. 3 SEC. 1165. STRUCTURES AND FACILITIES CONSTRUCTED 4 BY SECRETARY. 5 Section 14 of the Act of March 3, 1899 (33 U.S.C. 6 408) is amended by adding at the end the following: 7 ‘‘(d) WORK DEFINED.—For the purposes of this sec- 8 tion, the term ‘work’ shall not include unimproved real es9 tate owned or operated by the Secretary as part of a water 10 resources development project if the Secretary determines 11 that modification of such real estate would not affect the 12 function and usefulness of the project.’’. 13 SEC. 1166. ADVANCED FUNDS FOR WATER RESOURCES DE- 14 15 VELOPMENT STUDIES AND PROJECTS. (a) CONTRIBUTIONS 16 SUBDIVISIONS FOR BY STATES IMMEDIATE USE AND ON POLITICAL AUTHORIZED 17 FLOOD-CONTROL WORK; REPAYMENT.—The Act of Octo18 ber 15, 1940 (33 U.S.C. 701h–1) is amended— 19 (1) by striking ‘‘a flood-control project duly 20 adopted and authorized by law’’ and inserting ‘‘a 21 federally authorized water resources development 22 project,’’; 23 24 (2) by striking ‘‘such work’’ and inserting ‘‘such project’’; g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 82 1 (3) by striking ‘‘from appropriations which may 2 be provided by Congress for flood-control work’’ and 3 inserting ‘‘if appropriations are provided by Con- 4 gress for such purpose’’; and 5 (4) by adding at the end the following: ‘‘For 6 purposes of this Act, the term ‘State’ means the sev- 7 eral States, the District of Columbia, the common- 8 wealths, territories, and possessions of the United 9 States, and Indian tribes (as defined in section 4(e) 10 of the Indian Self-Determination and Education As- 11 sistance Act (25 U.S.C. 5304(e))).’’. 12 (b) NO ADVERSE EFFECT ON PROCESSES.—In im- 13 plementing any provision of law that authorizes a non14 Federal interest to provide, advance, or contribute funds 15 to the Secretary for the development or implementation 16 of a water resources development project (including sec17 tions 203 and 204 of the Water Resources Development 18 Act of 1986 (33 U.S.C. 2231, 2232), section 5 of the Act 19 of June 22, 1936 (33 U.S.C. 701h), and the Act of Octo20 ber 15, 1940 (33 U.S.C. 701h–1)), the Secretary shall en21 sure, to the maximum extent practicable, that the use by 22 a non-Federal interest of such authorities does not ad23 versely affect— 24 (1) the process or timeline for development and 25 implementation of other water resources develop- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 83 1 ment projects by other non-Federal entities that do 2 not use such authorities; or 3 (2) the process for including such projects in 4 the President’s annual budget submission to Con- 5 gress under section 1105(a) of title 31, United 6 States Code. 7 (c) ADVANCES BY PRIVATE PARTIES; REPAYMENT.— 8 Section 11 of the Act of March 3, 1925 (Chapter 467; 9 33 U.S.C. 561) is repealed. 10 SEC. 1167. COSTS IN EXCESS OF FEDERAL PARTICIPATION 11 LIMIT. 12 Section 14 of the Flood Control Act of 1946 (33 13 U.S.C. 701r), as amended by this Act, is further amended 14 by inserting ‘‘, and if such amount is not sufficient to 15 cover the costs included in the Federal cost share for a 16 project, as determined by the Secretary, the non-Federal 17 interest shall be responsible for any such costs that exceed 18 such amount’’ before the period at the end. 19 SEC. 1168. DISPOSITION OF PROJECTS. 20 (a) IN GENERAL.—In carrying out a disposition 21 study for a project of the Corps of Engineers, or a sepa22 rable element of such a project, including a disposition 23 study under section 216 of the Flood Control Act of 1970 24 (33 U.S.C. 549a), the Secretary shall consider modifica25 tions that would improve the overall quality of the environ- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 84 1 ment in the public interest, including removal of the 2 project or separable element of a project. 3 (b) DISPOSITION STUDY TRANSPARENCY.—The Sec- 4 retary shall carry out disposition studies described in sub5 section (a) in a transparent manner, including by— 6 (1) providing opportunities for public input; and 7 (2) publishing the final disposition studies. 8 (c) REMOVAL OF INFRASTRUCTURE.—For disposition 9 studies described in subsection (a) in which the Secretary 10 determines that a Federal interest no longer exists, and 11 makes a recommendation of removal of the project or sep12 arable element of a project, the Secretary is authorized, 13 using existing authorities, to pursue removal of the project 14 or separable element of a project in partnership with other 15 Federal agencies and non-Federal entities with appro16 priate capabilities to undertake infrastructure removal. 17 SEC. 1169. CONTRIBUTED FUNDS FOR NON-FEDERAL RES- 18 19 ERVOIR OPERATIONS. Section 5 of the Act of June 22, 1936 (33 U.S.C. 20 701h), is amended by inserting after ‘‘authorized purposes 21 of the project:’’ the following: ‘‘Provided further, That the 22 Secretary is authorized to receive and expend funds from 23 an owner of a non-Federal reservoir to formulate, review, 24 or revise operational documents for any non-Federal res25 ervoir for which the Secretary is authorized to prescribe g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 85 1 regulations for the use of storage allocated for flood con2 trol or navigation pursuant to section 7 of the Act of De3 cember 22, 1944 (33 U.S.C. 709):’’. 4 SEC. 1170. WATERCRAFT INSPECTION STATIONS. 5 Section 104 of the River and Harbor Act of 1958 6 (33 U.S.C. 610) is amended— 7 (1) by amending subsection (b) to read as fol- 8 lows: 9 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— 10 ‘‘(1) IN is authorized to be 11 appropriated to carry out this section $110,000,000 12 for each fiscal year, of which— 13 ‘‘(A) $30,000,000 shall be made available 14 to carry out subsection (d)(1)(A)(i); 15 ‘‘(B) $30,000,000 shall be made available 16 to carry out subsection (d)(1)(A)(ii); and 17 ‘‘(C) $30,000,000 shall be made available 18 to carry out subsection (d)(1)(A)(iii). 19 ‘‘(2) CONTROL OPERATIONS.—Any funds made 20 available under paragraph (1) to be used for control 21 operations shall be allocated by the Chief of Engi- 22 neers on a priority basis, based on the urgency and 23 need of each area and the availability of local 24 funds.’’; and 25 (2) in subsection (d)— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—There 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 86 1 (A) by amending paragraph (1) to read as 2 follows: 3 ‘‘(1) IN 4 ‘‘(A) WATERCRAFT INSPECTION STA- 5 TIONS.—In 6 retary shall establish (as applicable), operate, 7 and maintain new or existing watercraft inspec- 8 tion stations— 9 carrying out this section, the Sec- ‘‘(i) to protect the Columbia River 10 Basin; 11 ‘‘(ii) to protect the Upper Missouri 12 River Basin; and 13 ‘‘(iii) to protect the Upper Colorado 14 River Basin and the South Platte and Ari- 15 zona River Basins. 16 ‘‘(B) LOCATIONS.—The Secretary shall es- 17 tablish watercraft inspection stations under 18 subparagraph (A) at locations with the highest 19 likelihood of preventing the spread of aquatic 20 invasive species at reservoirs operated and 21 maintained by the Secretary, as determined by 22 the Secretary in consultation with States within 23 the areas described in subparagraph (A). 24 ‘‘(C) RAPID 25 21:04 Sep 10, 2018 RESPONSE.—The Secretary shall assist States within the areas described in g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.— Jkt 000000 (705684 4) PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 87 1 subparagraph (A) with rapid response to any 2 aquatic invasive species, including quagga or 3 zebra mussel, infestation.’’; and 4 (B) by amending paragraph (3)(A) to read 5 as follows: 6 ‘‘(A) the Governors of the States within 7 the areas described in each of clauses (i) 8 through (iii) of paragraph (1)(A), as applica- 9 ble;’’. 10 SEC. 1171. RESTRICTED AREAS AT CORPS OF ENGINEERS 11 DAMS. 12 Section 2 of the Freedom to Fish Act (Public Law 13 113–13; 127 Stat. 449, 128 Stat. 1271) is amended by 14 striking ‘‘4 years after the date of enactment of the Water 15 Resources Reform and Development Act of 2014’’ each 16 place it appears and inserting ‘‘5 years after the date of 17 enactment of the Water Resources Development Act of 18 2018’’. 19 SEC. 1172. COASTAL EROSION. 20 (a) IN GENERAL.—Pursuant to section 111 of the 21 River and Harbor Act of 1968 (33 U.S.C. 426i), the Sec22 retary shall, to the maximum extent practicable, complete 23 operation and maintenance renourishment to mitigate 24 coastal erosion attributed to Federal project structures in 25 the upper northeast United States. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 88 1 (b) PROJECT SELECTION.—In carrying out the work 2 under subsection (a), the Secretary shall— 3 (1) identify and carry out not more than 5 4 projects— 5 (A) located in any of the States of Maine, 6 New Hampshire, Massachusetts, Connecticut, 7 Rhode Island, or New York; and 8 (B) for which a feasibility study has been 9 completed by December 31, 2019, that includes 10 findings that a Federal project structure is in- 11 terrupting the natural flow of sediment and 12 causing coastal erosion; and 13 (2) consult with relevant State agencies in se- 14 lecting projects. 15 SEC. 1173. PROHIBITION ON SURPLUS WATER FEES, LAKE 16 CUMBERLAND WATERSHED, KENTUCKY AND 17 TENNESSEE. 18 (a) IN GENERAL.—The Secretary shall not charge a 19 fee for surplus water under a contract entered into pursu20 ant to section 6 of the Act of December 22, 1944 (33 21 U.S.C. 708), if the contract is for surplus water stored 22 in the Lake Cumberland Watershed, Kentucky and Ten23 nessee. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 89 1 (b) TERMINATION.—The limitation under subsection 2 (a) shall expire on the date that is 2 years after the date 3 of enactment of this Act. 4 (c) APPLICABILITY.—Nothing in this section— 5 (1) affects the authority of the Secretary under 6 section 2695 of title 10, United States Code, to ac- 7 cept funds or to cover the administrative expenses 8 relating to certain real property transactions; 9 (2) affects the application of section 6 of the 10 Act of December 22, 1944 (33 U.S.C. 708) or sec- 11 tion 301 of the Water Supply Act of 1958 (43 12 U.S.C. 390b) to surplus water stored outside of the 13 Lake Cumberland Watershed, Kentucky and Ten- 14 nessee; or 15 (3) affects the authority of the Secretary to ac- 16 cept funds under section 216(c) of the Water Re- 17 sources Development Act of 1996 (33 U.S.C. 18 2321a(c)). 19 SEC. 1174. MIDDLE RIO GRANDE PEAK FLOW RESTORA- 20 21 TION. (a) RESTARTING OF TEMPORARY DEVIATION.—Sub- 22 ject to subsection (b), the Secretary shall restart the tem23 porary deviation in the operation of Cochiti Lake and 24 Jemez Canyon Dam, that was initiated in 2009 and termi- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 90 1 nated in 2013, to continue to evaluate the effects of the 2 deviation. 3 (b) APPROVAL AND CONSULTATION.—Before restart- 4 ing the temporary deviation under subsection (a), the Sec5 retary shall, as required under the applicable water control 6 manuals— 7 (1) first obtain approval from— 8 (A) Pueblo de Cochiti; 9 (B) Pueblo of Santa Ana; and 10 (C) the Rio Grande Compact Commission 11 established by the compact approved by Con- 12 gress under the Act of May 31, 1939 (53 Stat. 13 785, chapter 155); and 14 (2) to the maximum extent practicable, consult 15 with the existing Cochiti Lake Environmental Re- 16 sources Team, which includes other Federal agencies 17 and landowners in the region. 18 (c) SUNSET.—The authority to conduct the tem- 19 porary deviation described in subsection (a) shall termi20 nate on the date that is 5 years after the date on which 21 the Secretary restarts the temporary deviation under such 22 subsection. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 91 1 SEC. 1175. PROHIBITION OF ADMINISTRATIVE FEES IN IM- 2 PLEMENTING ROUGH RIVER LAKE FLOWAGE 3 EASEMENT 4 PLAN. 5 ENCROACHMENT RESOLUTION (a) DEFINITIONS.—In this section: 6 (1) ELIGIBLE PROPERTY OWNER.—The term 7 ‘‘eligible property owner’’ means the owner of a 8 property— 9 (A)(i) described in Scenario A, B, C, or D 10 in the Plan; or 11 (ii) that consists of vacant land located 12 above 534 feet mean sea level that is encum- 13 bered by a Rough River Lake flowage easement; 14 and 15 (B) for which the Rough River Lake flow- 16 age easement is not required to address back- 17 water effects. 18 (2) PLAN.—The term ‘‘Plan’’ means the Rough 19 River Lake Flowage Easement Encroachment Reso- 20 lution Plan of the Corps of Engineers, dated Janu- 21 ary 2017. 22 (b) PROHIBITION ON ASSESSING ADMINISTRATIVE 23 FEES.—Notwithstanding any other provision of law, in 24 carrying out the Plan, the Secretary may not impose on 25 or collect from any eligible property owner any administra26 tive fee, including— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 92 1 (1) a fee to pay the costs to the Corps of Engi- 2 neers of processing requests to resolve encroach- 3 ments under the Plan; 4 (2) fees for deed drafting and surveying; and 5 (3) any other administrative cost incurred by 6 the Corps of Engineers in implementing the Plan. 7 (c) REFUND OF ADMINISTRATIVE FEES.—In the case 8 of an eligible property owner who has paid any administra9 tive fees described in paragraphs (1) through (3) of sub10 section (b) to the Corps of Engineers, the Corps of Engi11 neers shall refund those fees on request of the eligible 12 property owner. 13 (d) SAVINGS PROVISION.—Nothing in this section af- 14 fects the responsibility or authority of the Secretary to 15 continue carrying out the Plan, including any work nec16 essary to extinguish the flowage easement of the United 17 States with respect to the property of any eligible property 18 owner. 19 SEC. 1176. PRECONSTRUCTION ENGINEERING DESIGN DEM- 20 21 ONSTRATION PROGRAM. (a) DEFINITION OF ENVIRONMENTAL IMPACT 22 STATEMENT.—In this section, the term ‘‘environmental 23 impact statement’’ means the detailed written statement 24 required under section 102(2)(C) of the National Environ25 mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 93 1 (b) DEMONSTRATION PROGRAM.—The Secretary 2 shall establish a demonstration program to allow a project 3 authorized to execute pursuant to section 211 of the 4 Water Resources Development Act of 1996 (33 U.S.C. 5 701b–13) (as in effect on the day before the date of enact6 ment of the Water Resources Reform and Development 7 Act of 2014 (128 Stat. 1193)) to begin preconstruction 8 engineering and design on a determination by the Sec9 retary that the project is technically feasible, economically 10 justified, and environmentally acceptable. 11 (c) REQUIREMENTS.—For each project authorized to 12 begin preconstruction engineering and design under sub13 section (b)— 14 (1) the project shall conform to the feasibility 15 study and the environmental impact statement ap- 16 proved by the Secretary; and 17 (2) the Secretary and the non-Federal sponsor 18 shall jointly agree to the construction design of the 19 project. 20 (d) SECRETARY REVIEW OF POTENTIAL ADVERSE 21 IMPACTS.—When reviewing the feasibility study and the 22 environmental impact statement for a project under sub23 section (b), the Secretary shall follow current USACE Pol24 icy, Regulations, and Guidance, to assess potential adverse 25 downstream impacts to the Pearl River Basin. Upon com- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 94 1 pletion of the Secretary’s determination under subsection 2 (b), the non-Federal sponsor shall design the project in 3 a manner that addresses any potential adverse impacts or 4 that provides mitigation in accordance with section 906 5 of the Water Resources Development Act of 1986 (33 6 U.S.C. 2283). 7 (e) SUNSET.—The authority to carry out the dem- 8 onstration program under this section shall terminate on 9 the date that is 5 years after the date of enactment of 10 this Act. 11 (f) SAVINGS PROVISION.—Nothing in this section su- 12 persedes, precludes, or affects any applicable requirements 13 for a project under subsection (b) under— 14 (1) section 906 of the Water Resources Devel- 15 opment Act of 1986 (33 U.S.C. 2283); or 16 (2) the Comprehensive Environmental Re- 17 sponse, Compensation, and Liability Act of 1980 (42 18 U.S.C. 9601 et seq.). 19 Subtitle B—Studies and Reports 20 SEC. 1201. AUTHORIZATION OF PROPOSED FEASIBILITY 21 22 STUDIES. The Secretary is authorized to conduct a feasibility 23 study for the following projects for water resources devel24 opment and conservation and other purposes, as identified 25 in the reports titled ‘‘Report to Congress on Future Water g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 95 1 Resources Development’’ submitted to Congress on March 2 17, 2017, and February 5, 2018, respectively, pursuant 3 to section 7001 of the Water Resources Reform and Devel4 opment Act of 2014 (33 U.S.C. 2282d) or otherwise re5 viewed by Congress: 6 7 (1) CAVE 10 (2) SAN DIEGO RIVER, CALIFORNIA.—Project for flood risk management, navigation, and ecosystem restoration, San Diego, California. 11 (3) J. 12 ISIANA.—Project 13 ston Waterway, Louisiana. 14 BENNETT JOHNSTON WATERWAY, LOU- for navigation, J. Bennett John- (4) NORTHSHORE, LOUISIANA.—Project for 15 flood risk management, St. Tammany Parish, Lou- 16 isiana. 17 18 (5) OUACHITA-BLACK RIVERS, LOUISIANA.— Project for navigation, Little River, Louisiana. 19 (6) CHAUTAUQUA LAKE, NEW YORK.—Project 20 for ecosystem restoration and flood risk manage- 21 ment, Chautauqua, New York. 22 23 (7) 25 (8) WEST RIVER AND TRIBUTARIES, for navigation, Liberty, Texas. CELL LEVEE, TEXAS.—Project for flood risk management, Irving, Texas. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) 21:04 Sep 10, 2018 TRINITY TEXAS.—Project 24 VerDate 0ct 09 2002 for flood risk management, Phoenix, Arizona. 8 9 BUTTES DAM, ARIZONA.—Project Jkt 000000 (705684 4) PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 96 1 (9) COASTAL VIRGINIA, VIRGINIA.—Project for 2 flood risk management, ecosystem restoration, and 3 navigation, Coastal Virginia. 4 (10) TANGIER ISLAND, VIRGINIA.—Project for 5 flood risk management and ecosystem restoration, 6 Tangier Island, Virginia. 7 SEC. 1202. ADDITIONAL STUDIES. 8 9 10 (a) LOWER MISSISSIPPI RIVER; MISSOURI, KENTUCKY, TENNESSEE, ARKANSAS, MISSISSIPPI, AND LOU- ISIANA.— 11 (1) IN GENERAL.—The Secretary is authorized 12 to carry out studies to determine the feasibility of 13 habitat restoration for each of the eight reaches 14 identified as priorities in the report prepared by the 15 Secretary pursuant to section 402 of the Water Re- 16 sources Development Act of 2000, titled ‘‘Lower 17 Mississippi River Resource Assessment; Final As- 18 sessment In Response to Section 402 of WRDA 19 2000’’ and dated July 2015. 20 (2) CONSULTATION.—The Secretary shall con- 21 sult with the Lower Mississippi River Conservation 22 Committee during each feasibility study carried out 23 under paragraph (1). 24 (b) ST. LOUIS RIVERFRONT, MERAMEC RIVER 25 BASIN, MISSOURI AND ILLINOIS.— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 97 1 (1) IN GENERAL.—The Secretary is authorized 2 to carry out studies to determine the feasibility of a 3 project for ecosystem restoration and flood risk man- 4 agement in Madison, St. Clair, and Monroe Coun- 5 ties, Illinois, St. Louis City, and St. Louis, Jeffer- 6 son, Franklin, Gasconade, Maries, Phelps, Crawford, 7 Dent, Washington, Iron, St. Francois, St. Genevieve, 8 Osage, Reynolds, and Texas Counties, Missouri. 9 (2) CONTINUATION OF EXISTING STUDY.—Any 10 study carried out under paragraph (1) shall be con- 11 sidered a continuation of the study being carried out 12 under Committee Resolution 2642 of the Committee 13 on Transportation and Infrastructure of the House 14 of Representatives, adopted June 21, 2000. 15 SEC. 1203. EXPEDITED COMPLETION. 16 (a) FEASIBILITY REPORTS.—The Secretary shall ex- 17 pedite the completion of a feasibility study for each of the 18 following projects, and if the Secretary determines that 19 the project is justified in a completed report, may proceed 20 directly to preconstruction planning, engineering, and de21 sign of the project: 22 23 (1) Project for riverbank stabilization, Selma, Alabama. 24 25 (2) Project for ecosystem restoration, Three Mile Creek, Alabama. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 98 1 (3) Project for navigation, Nome, Alaska. 2 (4) Project for flood diversion, Seward, Alaska. 3 (5) Project for flood control, water conserva- 4 tion, and related purposes, Coyote Valley Dam, Cali- 5 fornia. 6 7 (6) Project for flood risk management, Lower Cache Creek, California. 8 (7) Project for flood risk management, Lower 9 San Joaquin River, California, as described in sec- 10 tion 1322(b)(2)(F) of the Water Resources Develop- 11 ment Act of 2016 (130 Stat. 1707) (second phase 12 of feasibility study). 13 14 (8) Project for flood risk management, South San Francisco, California. 15 16 (9) Project for flood risk management and ecosystem restoration, Tijuana River, California. 17 18 (10) Project for flood damage reduction, Westminster-East Garden Grove, California. 19 20 (11) Project for flood risk management in East Hartford, Connecticut. 21 22 (12) Project for flood risk management in Hartford, Connecticut. 23 24 (13) Projects under the Comprehensive Flood Mitigation Study for the Delaware River Basin. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 99 1 2 (14) Project for ecosystem restoration, Lake Apopka, Florida. 3 4 (15) Project for ecosystem restoration, Kansas River Weir, Kansas. 5 (16) Project for navigation and channel deep- 6 ening, Baptiste Collette Bayou, Louisiana, under 7 section 203 of the Water Resources Development 8 Act of 1986 (33 U.S.C. 2231). 9 (17) Project for navigation and channel deep- 10 ening, Houma Navigation Canal, Louisiana, under 11 section 203 of the Water Resources Development 12 Act of 1986 (33 U.S.C. 2231). 13 (18) Project for navigation and channel deep- 14 ening, Bayou Lafourche, Louisiana, under section 15 203 of the Water Resources Development Act of 16 1986 (33 U.S.C. 2231). 17 (19) Project for flood damage reduction and 18 ecosystem restoration, St. Tammany Parish, Lou- 19 isiana. 20 (20) Project for ecosystem restoration, Warren 21 Glen Dam Removal, Musconetcong River, New Jer- 22 sey. 23 24 (21) Project for flood risk management, Rahway River Basin, New Jersey. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 100 1 (22) The Hudson-Raritan Estuary Comprehen- 2 sive Restoration Project, New Jersey and New York. 3 (23) Project for flood control and water supply, 4 Abiquiu Dam, New Mexico. 5 (24) Project for reformulation, East Rockaway 6 Inlet to Rockaway Inlet and Jamaica Bay, Queens, 7 New York. 8 9 (25) Project for navigation, New York-New Jersey Harbor and Tributaries Focus Area. 10 11 (26) Project for water resource improvements, Willamette River Basin, Fern Ridge, Oregon. 12 13 (27) Project for coastal storm risk management, Pawcatuck River, Rhode Island. 14 15 (28) Project for the Rhode Island historical structure flood hazard vulnerability assessment. 16 17 (29) Project for coastal storm risk management, Norfolk, Virginia. 18 (30) Project for navigation, Tacoma Harbor, 19 Washington. 20 (b) LOWER SAN JOAQUIN RIVER, CALIFORNIA.—In 21 expediting completion of the second phase of the Lower 22 San Joaquin River feasibility study under subsection 23 (a)(7), the Secretary shall review and give priority to any 24 plans and designs requested by non-Federal interests and 25 incorporate such plans and designs into the Federal study g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 101 1 if the Secretary determines that such plans and designs 2 are consistent with Federal standards. 3 (c) HUDSON-RARITAN ESTUARY COMPREHENSIVE 4 RESTORATION PROJECT, NEW JERSEY AND NEW 5 YORK.—In the case of a recommendation for restoration 6 activities within the Jamaica Bay Unit of the Hudson7 Raritan Estuary Comprehensive Restoration Project, New 8 Jersey and New York, under subsection (a)(22), which are 9 to protect property under the jurisdiction of the National 10 Park Service, the Secretary may recommend to Congress 11 that the Secretary accept and expend funds from the Na12 tional Park Service to carry out such activities. 13 (d) POST-AUTHORIZATION CHANGE REPORT.—The 14 Secretary shall expedite completion of a post-authorization 15 change report for the project for flood risk management, 16 San Luis Rey River Flood Control Protection Project, 17 California. 18 (e) HUNTINGDON COUNTY, PENNSYLVANIA.— 19 (1) IN Secretary shall expedite 20 the updating of the master plan for the Juniata 21 River and tributaries project, Huntingdon County, 22 Pennsylvania, authorized by section 203 of the 23 Flood Control Act of 1962 (Public Law 87–874; 76 24 Stat. 1182). g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—The 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 102 1 (2) PROCESS.—In carrying out subsection (a), 2 the Secretary shall update the master plan in ac- 3 cordance with section 1309(a)(2) of the Water Re- 4 sources Development Act of 2016 (Public Law 114– 5 322; 130 Stat. 1693). 6 (f) UPPER MISSOURI RIVER BASIN FLOOD AND 7 DROUGHT MONITORING.—The Secretary shall expedite 8 activities authorized under section 4003(a) of the Water 9 Resources Reform and Development Act of 2014 (128 10 Stat. 1311, 130 Stat. 1677). 11 (g) PROJECT MODIFICATIONS FOR IMPROVEMENT OF 12 ENVIRONMENT.—For fiscal years 2019 and 2020, the 13 Secretary shall give priority to projects that restore de14 graded ecosystems through modification of existing flood 15 risk management projects for projects— 16 (1) authorized under section 1135 of the Water 17 Resources Development Act of 1986 (33 U.S.C. 18 2309a); and 19 (2) located within the Upper Missouri River 20 Basin. 21 (h) EXPEDITED COMPLETION OF CERTAIN 22 PROJECTS.—It is the sense of Congress that the Secretary 23 should provide funding for, and expedite the completion 24 of, the following projects: g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 103 1 (1) West Haven, Connecticut, as authorized by 2 section 101 of the River and Harbor Act of 1954 3 (68 Stat. 1254) and section 3 of the Act of August 4 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 5 426g). 6 (2) Providence River, Rhode Island, as author- 7 ized by the first section of the Act of August 26, 8 1937 (50 Stat. 845, chapter 832) and section 301 9 of the River and Harbor Act of 1965 (79 Stat. 10 1089). 11 (3) Morganza to the Gulf, Louisiana, as author- 12 ized by section 7002(3) of the Water Resources Re- 13 form and Development Act of 2014 (128 Stat. 14 1368). 15 (4) Louisiana Coastal Area, Louisiana, as au- 16 thorized by section 7002(5) of the Water Resources 17 Reform and Development Act of 2014 (128 Stat. 18 1369). 19 (5) Louisiana Coastal Area–Barataria Basin 20 Barrier, Louisiana, as authorized by section 7002(5) 21 of the Water Resources Reform and Development 22 Act of 2014 (128 Stat. 1370). 23 (6) West Shore Lake Pontchartrain, Louisiana, 24 as authorized by section 1401(3) of the Water Re- 25 sources Development Act of 2016 (130 Stat. 1712). g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 104 1 (7) Southwest Coastal Louisiana, Louisiana, as 2 authorized by section 1401(8) of the Water Re- 3 sources Development Act of 2016 (130 Stat. 1715). 4 (8) West Thompson Lake, Connecticut, as au- 5 thorized by section 203 of the Flood Control Act of 6 1960 (74 Stat. 489). 7 SEC. 1204. GAO STUDY ON BENEFIT-COST ANALYSIS RE- 8 9 FORMS. Not later than 1 year after the date of enactment 10 of this Act, the Comptroller General of the United States 11 shall— 12 (1) conduct a study on the benefit-cost proce- 13 dures of the Secretary and the Director of the Office 14 of Management and Budget (referred to in this sec- 15 tion as the ‘‘Director’’), including— 16 (A) an examination of the benefits and 17 costs that the Secretary and the Director do 18 and do not include in the benefit-cost calcula- 19 tion, including, at a minimum, local and re- 20 gional economic benefits; and 21 (B) a review of the calculation, if any, of 22 navigation benefits used in a benefit-cost cal- 23 culation for a non-commercial harbor that is 24 used by a State maritime academy (as defined g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 105 1 in section 51102 of title 46, United States 2 Code) for military training purposes; and 3 (2) submit to Congress a report that— 4 (A) describes the results of the study 5 under paragraph (1); and 6 (B) includes recommendations for legisla- 7 tive or regulatory changes to improve the ben- 8 efit-cost analysis procedures of the Secretary 9 and the Director. 10 SEC. 1205. HARBOR MAINTENANCE TRUST FUND REPORT. 11 (a) DEADLINE.—Not later than 180 days after enact- 12 ment of this Act, the Secretary shall submit reports under 13 section 210(e)(3) of the Water Resources Development 14 Act of 1986 (33 U.S.C. 2238(e)(3)) and section 330 of 15 the Water Resources Development Act of 1992 (26 U.S.C. 16 9505 note; Public Law 102–580) to the Committee on 17 Transportation and Infrastructure of the House of Rep18 resentatives and to the Committee on Environment and 19 Public Works of the Senate. 20 (b) ADDITIONAL INFORMATION.—For each report de- 21 scribed in subsection (a) that is submitted after the date 22 of enactment of this Act, the Secretary shall include, on 23 a project-by-project basis, additional information identi24 fying— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 106 1 (1) the most recent fiscal year for which oper- 2 ations and maintenance activities have been carried 3 out and the cost of those activities; and 4 (2) the operations and maintenance activities 5 that were performed through either a recommenda- 6 tion from Congress or unspecified funds made avail- 7 able for ongoing work. 8 (c) AVAILABILITY.—The Secretary shall make pub- 9 licly available all reports described in subsection (a) sub10 mitted before, on, or after the date of enactment of this 11 Act. 12 SEC. 1206. IDENTIFICATION OF NONPOWERED DAMS FOR 13 14 HYDROPOWER DEVELOPMENT. (a) IN GENERAL.—Not later than 18 months after 15 the date of enactment of this section, the Secretary shall 16 develop a list of existing nonpowered dams owned and op17 erated by the Corps of Engineers that have the greatest 18 potential for hydropower development. 19 (b) CONSIDERATIONS.—In developing the list under 20 subsection (a), the Secretary may consider the following: 21 22 (1) The compatibility of hydropower generation with existing purposes of the dam. 23 24 (2) The proximity of the dam to existing transmission resources. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 107 1 (3) The existence of studies to characterize en- 2 vironmental, cultural, and historic resources relating 3 to the dam. 4 (4) Whether hydropower is an authorized pur- 5 pose of the dam. 6 (c) AVAILABILITY.—The Secretary shall provide the 7 list developed under subsection (a) to the Committee on 8 Transportation and Infrastructure of the House of Rep9 resentatives and the Committee on Environment and Pub10 lic Works of the Senate, and make such list available to 11 the public. 12 SEC. 1207. STUDY ON INNOVATIVE PORTS FOR OFFSHORE 13 WIND DEVELOPMENT. 14 15 (a) DEFINITION SHORE OF INNOVATIVE PORT FOR OFF- WIND DEVELOPMENT.—In this section, the term 16 ‘‘innovative port for offshore wind development’’ includes 17 any federally authorized port or harbor that can accommo18 date (including through retrofitting)— 19 (1) the upright assembly of the majority of an 20 offshore wind facility, including the foundation, 21 tower, turbine, blade, and electrical components; 22 (2) an assembly area, ground-bearing pressure, 23 and overhead clearance for the assembly of offshore 24 wind facility turbines, which each have a capacity of 25 up to 20 megawatts; g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 108 1 2 (3) a heavy-lift quay and not less than 25 acres of port storage; 3 (4) innovative offshore wind facility and vessel 4 technologies that allow for the rapid installation of 5 an offshore wind facility; and 6 (5) any other innovative offshore wind facility 7 technology, as determined by the Secretary. 8 (b) STUDY AND REPORT.— 9 (1) IN later than 1 year after 10 the date of enactment of this Act, the Secretary 11 shall— 12 (A) in consultation with the all appropriate 13 Federal agencies, carry out a study of all feder- 14 ally authorized ports and harbors, including in 15 the Mid-Atlantic, Gulf Coast, West Coast, 16 Great Lakes, and New England regions of the 17 United States, to identify— 18 (i) not less than 3 suitable federally 19 authorized ports and harbors in those re- 20 gions that could become innovative ports 21 for offshore wind development; 22 (ii) barriers to the development of in- 23 novative ports for offshore wind develop- 24 ment; g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—Not 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 109 1 (iii) the Federal and State actions, in- 2 cluding dredging and construction of sup- 3 porting infrastructure, needed to facilitate 4 the development of the federally authorized 5 ports and harbors identified under clause 6 (i) to become innovative ports for offshore 7 wind development; and 8 (iv) recommendations on any further 9 research needed to improve federally au- 10 thorized ports and harbors in the United 11 States for offshore wind facility develop- 12 ment and deployment; and 13 (B) submit to Congress a report describing 14 the results of the study under subparagraph 15 (A). 16 (2) CONSULTATION.—In carrying out the study 17 under paragraph (1), the Secretary shall consult 18 with, at a minimum— 19 (A) the Governor of each State in which a 20 port or harbor was identified; 21 (B) affected port authorities; 22 (C) units of local government; and 23 (D) relevant experts in engineering, envi- 24 ronment, and industry considerations. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 110 1 SEC. 1208. INNOVATIVE MATERIALS AND ADVANCED TECH- 2 NOLOGIES REPORT. 3 Not later than 1 year after the date of enactment 4 of this Act, the Secretary shall submit to Congress a re5 port that— 6 (1) describes activities conducted by the Corps 7 of Engineers at centers of expertise, technology cen- 8 ters, technical centers, research and development 9 centers, and similar facilities and organizations re- 10 lating to the testing, research, development, identi- 11 fication, and recommended uses for innovative mate- 12 rials and advanced technologies, including construc- 13 tion management technologies, in water resources 14 development projects; and 15 (2) provides recommendations for types of 16 water resources development projects in which inno- 17 vative materials and advanced technologies should be 18 used. 19 SEC. 1209. STUDY AND REPORT ON EXPEDITING CERTAIN 20 21 WAIVER PROCESSES. Not later than 1 year after the date of enactment 22 of this Act, the Secretary shall complete and submit to 23 the Committee on Environment and Public Works of the 24 Senate and the Committee on Transportation and Infra25 structure of the House of Representatives a report based 26 on the results of a study on the best options available to g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 111 1 the Secretary to implement the waiver process for the non2 Federal cost share under section 116 of the Energy and 3 Water Development and Related Agencies Appropriations 4 Act, 2010 (Public Law 111–85; 123 Stat. 2851). 5 SEC. 1210. REPORT ON DEBRIS REMOVAL. 6 Not later than 180 days after the date of enactment 7 of this Act, the Secretary shall submit to Congress and 8 make publicly available a report that describes— 9 (1) the extent to which the Secretary has car- 10 ried out section 3 of the Act of March 2, 1945 (33 11 U.S.C. 603a); and 12 (2) how the Secretary has evaluated potential 13 14 work to be carried out under that section. SEC. 1211. CORPS FLOOD POLICY WITHIN URBAN AREAS. 15 Not later than 1 year after the date of enactment 16 of this Act, the Secretary shall report to the Committee 17 on Transportation and Infrastructure of the House of 18 Representatives and the Committee on Environment and 19 Public Works of the Senate on— 20 (1) flooding within urban floodplains; and 21 (2) the Federal policy constraints on the ability 22 of the Secretary to address urban flooding, including 23 the regulations under part 238 of title 33, Code of 24 Federal Regulations (as in effect on the date of en- 25 actment of this Act) (including the limitation under g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 112 1 section 238.7(a)(1) of that title that allows the Sec- 2 retary to provide assistance only where the flood dis- 3 charge of a stream or waterway within an urban 4 area is greater than 800 cubic feet per second for 5 the 10-percent flood). 6 SEC. 1212. FEASIBILITY STUDIES FOR MITIGATION OF DAM- 7 8 AGE. Not later than one year after the date of enactment 9 of this Act, the Secretary shall submit to the Committee 10 on Transportation and Infrastructure of the House of 11 Representatives and the Committee on Environment and 12 Public Works of the Senate a report that identifies— 13 (1) feasibility studies that are incomplete as of 14 the date of enactment of this Act for a project for 15 mitigation of damage to an area affected by weather 16 or other events for which— 17 (A) during the 8-year period ending on the 18 date of enactment of this Act— 19 (i) the Secretary provided emergency 20 response under section 5 of the Act of Au- 21 gust 18, 1941 (33 U.S.C. 701n); or 22 (ii) the area received assistance under 23 the Robert T. Stafford Disaster Relief and 24 Emergency Assistance Act (42 U.S.C. 25 5121 et seq.); and g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 113 1 (B) there is significant risk for future 2 similar events (as determined by the Secretary); 3 and 4 (2) for each feasibility study identified under 5 paragraph (1), impediments to completing the study. 6 SEC. 1213. APPLICATIONS OF MILITARY LEASING AUTHORI- 7 TIES. 8 Not later than 2 years after the date of enactment 9 of this Act, the Secretary shall— 10 (1) complete a study on the application of sec- 11 tion 2667 of title 10, United States Code, enhanced 12 use leasing authorities, and other military leasing 13 authorities to the civil works program of the Sec- 14 retary; and 15 (2) submit to Congress a report on the results 16 of the study under paragraph (1), including a de- 17 scription of the obstacles that must be removed so 18 that the Assistant Secretary of the Army for Civil 19 Works may implement the authorities. 20 SEC. 1214. COMMUNITY ENGAGEMENT. 21 (a) REPORT.—Not later than two years after the date 22 of enactment of this section, the Secretary shall submit 23 to the Committee on Transportation and Infrastructure 24 of the House of Representatives and the Committee on 25 Environment and Public Works of the Senate a report on g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 114 1 any potential disproportionate and adverse health or envi2 ronmental effects of programs, policies, and activities of 3 the Corps of Engineers related to water resources develop4 ment projects on minority communities, low-income com5 munities, rural communities, and Indian Tribes. 6 (b) CONSULTATION.—In preparing the report under 7 subsection (a), the Secretary shall provide public and pri8 vate meetings with representatives of minority commu9 nities, low-income communities, rural communities, and 10 Indian Tribes, as well as representatives of State and local 11 governments, and shall ensure that sufficient meetings are 12 held in different geographic regions of the United States 13 to ensure that a diversity of views are obtained. 14 (c) RECOMMENDATIONS.—The report submitted 15 under subsection (a) shall include— 16 (1) the identification of any disproportionate 17 and adverse health or environmental effects to the 18 communities and Tribes; and 19 (2) any recommendations of the Secretary for 20 addressing such effects, including recommended 21 changes to the statutory or regulatory authorities of 22 the Corps of Engineers, or changes to the policies or 23 guidance of the Corps of Engineers. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 115 1 SEC. 1215. TRANSPARENCY IN ADMINISTRATIVE EXPENSES. 2 Section 1012(b)(1) of the Water Resources Reform 3 and Development Act of 2014 (33 U.S.C. 2315a(b)(1)) 4 is amended by striking ‘‘The Secretary’’ and inserting 5 ‘‘Not later than 1 year after the date of enactment of the 6 Water Resources Development Act of 2018, the Sec7 retary’’. 8 SEC. 1216. ASSESSMENT OF HARBORS AND INLAND HAR- 9 10 BORS. Section 210(e) of the Water Resources Development 11 Act of 1986 (33 U.S.C. 2238) is amended— 12 (1) in paragraph (1), by striking ‘‘shall assess 13 the’’ and inserting ‘‘shall assess, and issue a report 14 to Congress on, the’’; and 15 16 (2) in paragraph (2), by adding at the end the following: 17 ‘‘(C) OPPORTUNITIES BENEFICIAL 18 USE OF DREDGED MATERIALS.—In 19 paragraph (1), the Secretary shall identify po- 20 tential opportunities for the beneficial use of 21 dredged materials obtained from harbors and 22 inland harbors referred to in subsection (a)(2), 23 including projects eligible under section 1122 of 24 the Water Resources Development Act of 2016 25 (130 Stat. 1645; 33 U.S.C. 2326 note).’’. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 FOR 21:04 Sep 10, 2018 Jkt 000000 carrying out (705684 4) PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 116 1 SEC. 1217. MAINTENANCE OF HIGH-RISK FLOOD CONTROL 2 PROJECTS. 3 (a) ASSESSMENT.—With respect to each project clas- 4 sified as class III under the Dam Safety Action Classifica5 tion of the Corps of Engineers for which the Secretary 6 has assumed responsibility for maintenance as of the date 7 of enactment of this Act, the Secretary shall assess— 8 (1) the anticipated effects of the Secretary con- 9 tinuing to be responsible for the maintenance of the 10 project during the period that ends 15 years after 11 the date of enactment of this Act, including the ben- 12 efits to the State and local community; and 13 (2) the anticipated effects of the Secretary not 14 continuing to be responsible for the maintenance of 15 the project during such 15-year period, including the 16 costs to the State and local community. 17 (b) REPORT.—Not later than 90 days after comple- 18 tion of the assessment under subsection (a), the Secretary 19 shall submit to the Committee on Transportation and In20 frastructure of the House of Representatives and the Com21 mittee on Environment and Public Works of the Senate 22 a report summarizing the results of the assessment. 23 SEC. 1218. NORTH ATLANTIC DIVISION REPORT ON HURRI- 24 25 CANE BARRIERS AND HARBORS OF REFUGE. Not later than 1 year after the date of enactment 26 of this Act, the Secretary, in consultation with State and g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 117 1 local experts in the North Atlantic Division of the Corps 2 of Engineers, shall submit to Committee on Transpor3 tation and Infrastructure of the House of Representatives 4 and the Committee on Environment and Public Works of 5 the Senate a report on the durability and resiliency of ex6 isting hurricane barriers and harbors of refuge in the 7 North Atlantic Division, giving particular consideration as 8 to how such barriers and harbors will survive and fully 9 serve their planned levels of protection under current, 10 near, and longer term future predicted sea levels, storm 11 surges, and storm strengths. 12 SEC. 1219. GREAT LAKES COASTAL RESILIENCY STUDY. 13 (a) IN GENERAL.—The Secretary shall carry out a 14 comprehensive assessment of the water resources needs of 15 the Great Lakes System under section 729 of the Water 16 Resources Development Act of 1986 (33 U.S.C. 2267a). 17 (b) COOPERATION.—In carrying out the assessment 18 pursuant to subsection (a), the Secretary shall cooperate 19 with stakeholders and coordinate with all ongoing pro20 grams and projects of the Great Lakes Restoration Initia21 tive under section 118(c)(7) of the Federal Water Pollu22 tion Control Act (33 U.S.C. 1268). 23 (c) DEFINITIONS.—The term ‘‘Great Lakes System’’ 24 has the meaning given such term in section 118(a) of the 25 Federal Water Pollution Control Act (33 U.S.C. 1268(a)). g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 118 1 SEC. 1220. MCMICKEN DAM, ARIZONA, AND MUDDY RIVER, 2 MASSACHUSETTS. 3 (a) REPORT.—The Secretary shall submit a report to 4 the Committee on Transportation and Infrastructure of 5 the House of Representatives and the Committee on Envi6 ronment on Public Works of the Senate on the status of— 7 (1) the project at McMicken Dam, Arizona, au- 8 thorized by section 304 of the Act of August 7, 1953 9 (67 Stat. 450); and 10 (2) the project for flood damage reduction and 11 environmental restoration, Muddy River, Brookline 12 and Boston, Massachusetts, authorized by section 13 522 of the Water Resources Development Act of 14 2000 (114 Stat. 2656). 15 (b) REQUIREMENTS.—The report under subsection 16 (a) shall include a description of the reasons of the Sec17 retary for deauthorizing the projects described in sub18 section (a). 19 SEC. 1221. TABLE ROCK LAKE, ARKANSAS AND MISSOURI. 20 Not later than 120 days after the date of enactment 21 of this Act, the Secretary shall submit to the Committee 22 on Transportation and Infrastructure of the House of 23 Representatives and the Committee on Environment and 24 Public Works of the Senate a report on the implementa25 tion of section 1185(c) of the Water Resources Develop26 ment Act of 2016 (130 Stat. 1680). g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 119 1 SEC. 1222. FORECAST-INFORMED RESERVOIR OPERATIONS. 2 (a) REPORT ON FORECAST-INFORMED RESERVOIR 3 OPERATIONS.—Not later than one year after the date of 4 completion of the forecast-informed reservoir operations 5 research study pilot program at Coyote Valley Dam, Rus6 sian River Basin, California (authorized by the River and 7 Harbor Act of 1950 (64 Stat. 177)), the Secretary shall 8 issue a report to the Committee on Transportation and 9 Infrastructure of the House of Representatives and the 10 Committee on Environment and Public Works of the Sen11 ate on the results of the study pilot program. 12 (b) CONTENTS OF REPORT.—The Secretary shall in- 13 clude in the report issued under subsection (a)— 14 (1) an analysis of the use of forecast-informed 15 reservoir operations at Coyote Valley Dam, Cali- 16 fornia; 17 (2) an assessment of the viability of using fore- 18 cast-informed reservoir operations at other dams 19 owned or operated by the Secretary; 20 (3) an identification of other dams owned or op- 21 erated by the Secretary where forecast-informed res- 22 ervoir operations may assist the Secretary in the op- 23 timization of future reservoir operations; and 24 25 (4) any additional areas for future study of forecast-informed reservoir operations. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 120 1 SEC. 1223. CEDAR RIVER, IOWA. 2 Not later than 90 days after the date of enactment 3 of this Act, the Secretary shall complete and submit to 4 the Committee on Environment and Public Works of the 5 Senate and the Committee on Transportation and Infra6 structure of the House of Representatives a report sum7 marizing the path forward and timeline to implement the 8 project for flood risk management at Cedar River, Cedar 9 Rapids, Iowa, authorized by section 7002(2) of the Water 10 Resources Reform and Development Act of 2014 (128 11 Stat. 1366). 12 SEC. 1224. OLD RIVER CONTROL STRUCTURE, LOUISIANA. 13 (a) IN GENERAL.—Not later than 180 days after the 14 date of enactment of this Act, the Secretary shall submit 15 to the Committee on Transportation and Infrastructure 16 of the House of Representatives and the Committee on 17 Environment and Public Works of the Senate a report on 18 the structure and operations plan for the Old River control 19 structure authorized by the Flood Control Act of 1954 (68 20 Stat. 1258), based on the best available science, improved 21 monitoring capabilities, and other factors as determined 22 by the Secretary, including consideration of— 23 (1) flood control; 24 (2) navigational conditions; 25 (3) water supply; g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 121 1 (4) ecosystem restoration and ecological produc- 2 tivity; and 3 (5) hydroelectric production. 4 (b) PUBLIC PARTICIPATION.—In developing the re- 5 port required by subsection (a), the Secretary shall provide 6 opportunity for public input and stakeholder engagement, 7 including public meetings. 8 SEC. 1225. UPPER MISSISSIPPI RIVER PROTECTION. 9 Section 2010 of the Water Resources Reform and De- 10 velopment Act of 2014 (128 Stat. 1270) is amended by 11 adding at the end the following: 12 ‘‘(d) CONSIDERATIONS.—In carrying out a disposi- 13 tion study with respect to the Upper St. Anthony Falls 14 Lock and Dam, including a disposition study under sec15 tion 216 of the Flood Control Act of 1970 (33 U.S.C. 16 549a), the Secretary shall expedite completion of such 17 study and shall produce a report on the Upper St. An18 thony Falls Lock and Dam that is separate from any re19 port on any other lock or dam included in such study that 20 includes plans for— 21 22 ‘‘(1) carrying out modifications to the Upper St. Anthony Falls Lock and Dam to— 23 ‘‘(A) preserve and enhance recreational op- 24 portunities and the health of the ecosystem; and g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 122 1 ‘‘(B) maintain the benefits to the natural 2 ecosystem and human environment; 3 ‘‘(2) a partial disposition of the Upper St. An- 4 thony Falls Lock and Dam facility and surrounding 5 real property that preserves any portion of the 6 Upper St. Anthony Falls Lock and Dam necessary 7 to maintain flood control; and 8 ‘‘(3) expediting the disposition described in this 9 subsection. 10 ‘‘(e) CONTRIBUTED FUNDS.—The Secretary shall ac- 11 cept and expend funds to carry out the study described 12 in subsection (d) that are contributed by a State or a polit13 ical subdivision of a State under the Act of October 15, 14 1940 (33 U.S.C. 701h–1).’’. 15 SEC. 1226. MISSOURI RIVER. 16 (a) IRC REPORT.—Not later than 18 months after 17 the date of enactment of this Act, the Secretary shall sub18 mit to the Committee on Transportation and Infrastruc19 ture of the House of Representatives and the Committee 20 on Environment and Public Works of the Senate a report 21 regarding the impacts of interception-rearing complex con22 struction on the navigation, flood control, and other au23 thorized purposes set forth in the Missouri River Master 24 Manual, and on the population recovery of the pallid stur25 geon. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 123 1 (b) NO ADDITIONAL IRC CONSTRUCTION.—Until the 2 report under subsection (a) is submitted, no additional 3 interception-rearing complex construction is authorized. 4 SEC. 1227. LOWER MISSOURI RIVER BANK STABILIZATION 5 AND NAVIGATION. 6 (a) IN GENERAL.—Not later than 180 days after the 7 date of enactment of this Act, the Secretary shall submit 8 to the Committee on Transportation and Infrastructure 9 of the House of Representatives and the Committee on 10 Environment and Public Works of the Senate a report on 11 the function and reliability of the Lower Missouri River 12 bank stabilization and navigation project, authorized by 13 the first section of the Act of July 25, 1912 (37 Stat. 14 219, chapter 253). 15 (b) CONSIDERATIONS AND COORDINATION.—In de- 16 veloping the report required under subsection (a), the Sec17 retary shall— 18 (1) consider recommended improvements to the 19 project described in such subsection and current and 20 future flood risks; and 21 (2) coordinate with State and local governments 22 23 and affected stakeholders. SEC. 1228. COASTAL TEXAS STUDY. 24 The Secretary shall expedite the completion of studies 25 for flood damage reduction, hurricane and storm damage g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 124 1 reduction, and ecosystem restoration in the coastal areas 2 of Texas that are identified in the interim report due to 3 be published in 2018 that describes the tentatively selected 4 plan developed in accordance with section 4091 of the 5 Water Resources Development Act of 2007 (121 Stat. 6 1187). 7 SEC. 1229. REPORT ON WATER SUPPLY CONTRACT, WRIGHT 8 9 PATMAN LAKE, TEXAS. Not later than June 30, 2019, the Secretary shall 10 submit to the Committee on Transportation and Infra11 structure of the House of Representatives and the Com12 mittee on Environment and Public Works of the Senate 13 a report on the status of the implementation of the water 14 supply contract, Department of the Army, Civil Works 15 Contract No. 29–68–A–0130, at Wright Patman Lake, 16 Texas, that— 17 18 (1) describes the implementation of that contract at Wright Patman Lake; and 19 (2) identifies— 20 (A) the activities that the Secretary ex- 21 pects to be necessary to complete the execution 22 of the contract; 23 (B) the expected completion date for each 24 activity identified under subparagraph (A); and g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 125 1 (C) the expected date of completion of the 2 execution of the contract. 5 Subtitle C—Deauthorizations, Modifications, and Related Provisions 6 SEC. 1301. DEAUTHORIZATION OF INACTIVE PROJECTS. 3 4 7 (a) PURPOSES.—The purposes of this section are— 8 (1) to identify $4,000,000,000 in water re- 9 sources development projects authorized by Congress 10 that are no longer viable for construction due to— 11 (A) a lack of local support; 12 (B) a lack of available Federal or non-Fed- 13 eral resources; or 14 (C) an authorizing purpose that is no 15 longer relevant or feasible; 16 (2) to create an expedited and definitive process 17 for Congress to deauthorize water resources develop- 18 ment projects that are no longer viable for construc- 19 tion; and 20 (3) to allow the continued authorization of 21 water resources development projects that are viable 22 for construction. 23 (b) INTERIM DEAUTHORIZATION LIST.— 24 25 (1) IN 21:04 Sep 10, 2018 Secretary shall develop an interim deauthorization list that identifies— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—The Jkt 000000 (705684 4) PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 126 1 (A) each water resources development 2 project, or separable element of a project, au- 3 thorized for construction before November 8, 4 2007, for which— 5 (i) planning, design, or construction 6 was not initiated before the date of enact- 7 ment of this Act; or 8 (ii) planning, design, or construction 9 was initiated before the date of enactment 10 of this Act, but for which no funds, Fed- 11 eral or non-Federal, were obligated for 12 planning, design, or construction of the 13 project or separable element of the project 14 during the current fiscal year or any of the 15 6 preceding fiscal years; 16 (B) each project or separable element of a 17 project identified and included on a list to Con- 18 gress for deauthorization pursuant to section 19 1001(b)(2) of the Water Resources Develop- 20 ment Act of 1986 (33 U.S.C. 579a(b)(2)); and 21 (C) any project or separable element of a 22 project for which the non-Federal sponsor of 23 such project or separable element submits a re- 24 quest for inclusion on the list. 25 (2) PUBLIC g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 COMMENT AND CONSULTATION.— (705684 4) PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 127 1 (A) IN Secretary shall so- 2 licit comments from the public and the Gov- 3 ernors of each applicable State on the interim 4 deauthorization list developed under paragraph 5 (1). 6 (B) COMMENT PERIOD.—The 7 ment period shall be 90 days. 8 (3) 9 TION.—Not SUBMISSION CONGRESS; TO public com- PUBLICA- later than 90 days after the date of the 10 close of the comment period under paragraph (2), 11 the Secretary shall— 12 (A) submit a revised interim deauthoriza- 13 tion list to the Committee on Environment and 14 Public Works of the Senate and the Committee 15 on Transportation and Infrastructure of the 16 House of Representatives; and 17 (B) publish the revised interim deauthor- 18 19 ization list in the Federal Register. (c) FINAL DEAUTHORIZATION LIST.— 20 (1) IN GENERAL.—The Secretary shall develop 21 a final deauthorization list of water resources devel- 22 opment projects, or separable elements of projects, 23 from the revised interim deauthorization list de- 24 scribed in subsection (b)(3). 25 (2) DEAUTHORIZATION g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—The 21:04 Sep 10, 2018 Jkt 000000 AMOUNT.— (705684 4) PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 128 1 (A) PROPOSED LIST.—The Sec- 2 retary shall prepare a proposed final deauthor- 3 ization list of projects and separable elements of 4 projects that have, in the aggregate, an esti- 5 mated Federal cost to complete that is at least 6 $4,000,000,000. 7 (B) DETERMINATION OF FEDERAL COST 8 TO COMPLETE.—For 9 (A), the Federal cost to complete shall take into 10 account any allowances authorized by section 11 902 of the Water Resources Development Act 12 of 1986 (33 U.S.C. 2280), as applied to the 13 most recent project schedule and cost estimate. 14 (3) IDENTIFICATION 15 purposes of subparagraph OF PROJECTS.— (A) SEQUENCING 16 (i) IN OF PROJECTS.— GENERAL.—The Secretary shall 17 identify projects and separable elements of 18 projects for inclusion on the proposed final 19 deauthorization list according to the order 20 in which the projects and separable ele- 21 ments of the projects were authorized, be- 22 ginning 23 projects and separable elements of projects 24 and ending with the latest project or sepa- 25 rable element of a project necessary to g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 FINAL 21:04 Sep 10, 2018 Jkt 000000 with the earliest authorized (705684 4) PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 129 1 meet the aggregate amount under para- 2 graph (2)(A). 3 (ii) FACTORS CONSIDER.—The 4 Secretary may identify projects and sepa- 5 rable elements of projects in an order other 6 than that established by clause (i) if the 7 Secretary determines, on a case-by-case 8 basis, that a project or separable element 9 of a project is critical for interests of the 10 United States, based on the possible im- 11 pact of the project or separable element of 12 the project on public health and safety, the 13 national economy, or the environment. 14 (iii) CONSIDERATION OF PUBLIC COM- 15 MENTS.—In 16 clause (ii), the Secretary shall consider any 17 comments received under subsection (b)(2). 18 (B) APPENDIX.—The Secretary shall in- 19 clude as part of the proposed final deauthoriza- 20 tion list an appendix that— making determinations under 21 (i) identifies each project or separable 22 element of a project on the interim de- 23 authorization list developed under sub- 24 section (b) that is not included on the pro- 25 posed final deauthorization list; and g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 TO 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 130 1 (ii) describes the reasons why the 2 project or separable element is not in- 3 cluded on the proposed final list. 4 (4) PUBLIC 5 (A) IN GENERAL.—The Secretary shall so- 6 licit comments from the public and the Gov- 7 ernor of each applicable State on the proposed 8 final deauthorization list and appendix devel- 9 oped under paragraphs (2) and (3). 10 (B) COMMENT PERIOD.—The 11 ment period shall be 90 days. 12 (5) SUBMISSION public com- OF FINAL LIST TO CONGRESS; 13 PUBLICATION.—Not 14 date of the close of the comment period under para- 15 graph (4), the Secretary shall— later than 120 days after the 16 (A) submit a final deauthorization list and 17 an appendix to the final deauthorization list in 18 a report to the Committee on Environment and 19 Public Works of the Senate and the Committee 20 on Transportation and Infrastructure of the 21 House of Representatives; and 22 (B) publish the final deauthorization list 23 and the appendix to the final deauthorization 24 list in the Federal Register. 25 (d) DEAUTHORIZATION; CONGRESSIONAL REVIEW.— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 COMMENT AND CONSULTATION.— 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 131 1 (1) IN the expiration of the 2 180-day period beginning on the date of submission 3 of the final deauthorization list and appendix under 4 subsection (c), a project or separable element of a 5 project identified in the final deauthorization list is 6 hereby deauthorized, unless Congress passes a joint 7 resolution disapproving the final deauthorization list 8 prior to the end of such period. 9 (2) NON-FEDERAL 10 (A) IN CONTRIBUTIONS.— GENERAL.—A project or separable 11 element of a project identified in the final de- 12 authorization list under subsection (c) shall not 13 be deauthorized under this subsection if, before 14 the expiration of the 180-day period referred to 15 in paragraph (1), the non-Federal interest for 16 the project or separable element of the project 17 provides sufficient funds to complete the project 18 or separable element of the project. 19 (B) TREATMENT OF PROJECTS.—Notwith- 20 standing subparagraph (A), each project and 21 separable element of a project identified in the 22 final deauthorization list shall be treated as de- 23 authorized for purposes of the aggregate de- 24 authorization amount specified in subsection 25 (c)(2)(A). g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—After 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 132 1 (3) PROJECTS IDENTIFIED IN APPENDIX.—A 2 project or separable element of a project identified 3 in the appendix to the final deauthorization list shall 4 remain subject to future deauthorization by Con- 5 gress. 6 (e) SPECIAL RULE 7 FUNDS FOR PROJECTS RECEIVING FOR POST-AUTHORIZATION STUDY.—A project or 8 separable element of a project may not be identified on 9 the interim deauthorization list developed under sub10 section (b), or the final deauthorization list developed 11 under subsection (c), if the project or separable element 12 received funding for a post-authorization study during the 13 current fiscal year or any of the 6 preceding fiscal years. 14 (f) GENERAL PROVISIONS.— 15 16 (1) DEFINITIONS.—In this section, the following definitions apply: 17 (A) POST-AUTHORIZATION 18 term ‘‘post-authorization study’’ means— 19 (i) a feasibility report developed under 20 section 905 of the Water Resources Devel- 21 opment Act of 1986 (33 U.S.C. 2282); 22 (ii) a feasibility study, as defined in 23 section 105(d) of the Water Resources De- 24 velopment 25 2215(d)); or g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 STUDY.—The 21:04 Sep 10, 2018 Jkt 000000 Act of 1986 (33 U.S.C. (705684 4) PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 133 1 (iii) a review conducted under section 2 216 of the Flood Control Act of 1970 (33 3 U.S.C. 549a), including an initial appraisal 4 that— 5 (I) demonstrates a Federal inter- 6 est; and 7 (II) requires additional analysis 8 for the project or separable element. 9 (B) WATER DEVELOPMENT 10 PROJECT.—The 11 ment project’’ includes an environmental infra- 12 structure assistance project or program of the 13 Corps of Engineers. 14 (2) 15 TIONS.—For 16 ized water resources development project or sepa- 17 rable element of the project has been modified by an 18 Act of Congress, the date of the authorization of the 19 project or separable element shall be deemed to be 20 the date of the most recent modification. 21 term ‘‘water resources develop- TREATMENT OF PROJECT MODIFICA- purposes of this section, if an author- SEC. 1302. BACKLOG PREVENTION. 22 (a) PROJECT DEAUTHORIZATION.— 23 (1) IN GENERAL.—A water resources develop- 24 ment project authorized for construction by this Act 25 shall not be authorized after the last day of the 10- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 RESOURCES 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 134 1 year period beginning on the date of enactment of 2 this Act unless— 3 (A) funds have been obligated for construc- 4 tion of, or a post-authorization study for, such 5 project or such separable element during such 6 period; or 7 (B) a subsequent Act of Congress modifies 8 the authorization contained in this Act. 9 (2) IDENTIFICATION OF PROJECTS.—Not later 10 than 60 days after the expiration of the 10-year pe- 11 riod described in paragraph (1), the Secretary shall 12 submit to the Committee on Environment and Pub- 13 lic Works of the Senate and the Committee on 14 Transportation and Infrastructure of the House of 15 Representatives a report that identifies the projects 16 deauthorized under paragraph (1). 17 (b) REPORT TO CONGRESS.—Not later than 60 days 18 after the expiration of the 12-year period beginning on the 19 date of enactment of this Act, the Secretary shall submit 20 to the Committee on Environment and Public Works of 21 the Senate and the Committee on Transportation and In22 frastructure of the House of Representatives, and make 23 available to the public, a report that contains— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 135 1 (1) a list of any water resources development 2 projects authorized by this Act for which construc- 3 tion has not been completed; 4 (2) a description of the reasons each project 5 was not completed; 6 (3) a schedule for the completion of the projects 7 based on expected levels of appropriations; 8 (4) a 5-year and 10-year projection of construc- 9 tion backlog; and 10 (5) any recommendations to Congress regarding 11 12 how to mitigate the backlog. SEC. 1303. PROJECT MODIFICATIONS. 13 (a) CONSISTENCY WITH REPORTS.—Congress finds 14 that the project modifications described in this section are 15 in accordance with the reports submitted to Congress by 16 the Secretary under section 7001 of the Water Resources 17 Reform and Development Act of 2014 (33 U.S.C. 2282d), 18 titled ‘‘Report to Congress on Future Water Resources 19 Development’’, or have otherwise been reviewed by Con20 gress. 21 (b) MODIFICATIONS.— 22 (1) HARBOR/SOUTH 23 tion 219(f)(43) of the Water Resources Development 24 Act of 1992 (113 Stat. 337; 114 Stat. 2763A–220) g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 BAY, CALIFORNIA.—Sec- 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 136 1 is amended by striking ‘‘$35,000,000’’ and inserting 2 ‘‘$70,000,000’’. 3 (2) LAKES 4 CAROLINA.—Section 5 sources Development Act of 1992 (113 Stat. 336; 6 114 Stat. 2763A–220; 117 Stat. 1838; 130 Stat. 7 1677) is amended by striking ‘‘$60,000,000’’ and in- 8 serting ‘‘$89,550,000’’. 9 MARION AND MOULTRIE, SOUTH 219(f)(25) of the Water Re- SEC. 1304. LYTLE AND CAJON CREEKS, CALIFORNIA. 10 That portion of the channel improvement project, 11 Lytle and Cajon Creeks, California, authorized to be car12 ried out as a part of the project for the Santa Ana River 13 Basin, California, by the Act of December 22, 1944 14 (Chapter 665; 58 Stat. 900) that consists of five earth15 filled groins commonly referred to as ‘‘the Riverside Ave16 nue groins’’ is no longer authorized as a Federal project 17 beginning on the date of enactment of this Act. 18 SEC. 1305. YUBA RIVER BASIN, CALIFORNIA. 19 (a) IN GENERAL.—The project for flood damage re- 20 duction, Yuba River Basin, California, authorized by sec21 tion 101(a)(10) of the Water Resources Development Act 22 of 1999 (113 Stat. 275) is modified to allow a non-Federal 23 interest to construct a new levee to connect the existing 24 levee with high ground. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 137 1 (b) PROJECT DESCRIPTION.—The levee to be con- 2 structed shall tie into the existing levee at a point 3 N2186189.2438, E6703908.8657, thence running east 4 and south along a path to be determined to a point 5 N2187849.4328, E6719262.0164. 6 (c) COOPERATION AGREEMENT.—The Secretary shall 7 execute a conforming amendment to the Memorandum of 8 Understanding Respecting the Sacramento River Flood 9 Control Project with the State of California dated Novem10 ber 30, 1953, that is limited to changing the description 11 of the project to reflect the modification. 12 (d) NO FEDERAL COST.— 13 (1) REVIEW COSTS.—Before construction of the 14 levee described in subsection (b), the Secretary may 15 accept and expend funds received from a non-Fed- 16 eral interest to review the planning, engineering, and 17 design of the levee described in subsection (b) to en- 18 sure that such planning, engineering, and design 19 complies with Federal standards. 20 (2) NON-FEDERAL SHARE.—The non-Federal 21 share of the cost of constructing the levee shall be 22 100 percent. 23 SEC. 1306. BRIDGEPORT HARBOR, CONNECTICUT. 24 That portion of the project for navigation, Bridgeport 25 Harbor, Connecticut, authorized by the Act of June 18, g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 138 1 1878 (20 Stat. 158), and modified by the Act of August 2 11, 1888 (25 Stat. 401), the Act of March 3, 1899 (30 3 Stat. 1122), the Act of June 25, 1910 (36 Stat. 633), 4 and the Act of July 3, 1930 (46 Stat. 919), and lying 5 upstream of a line commencing at point N627942.09, 6 E879709.18 thence running southwesterly about 125 feet 7 to a point N627832.03, E879649.91 is no longer author8 ized beginning on the date of enactment of this Act. 9 SEC. 1307. DELAWARE RIVER NAVIGATION PROJECT. 10 Section 1131(3) of the Water Resources Development 11 Act of 1986 (100 Stat. 4246) is amended by striking ‘‘ten 12 feet’’ and inserting ‘‘35 feet’’. 13 SEC. 1308. COMPREHENSIVE EVERGLADES RESTORATION 14 PLAN, CENTRAL AND SOUTHERN FLORIDA, 15 EVERGLADES AGRICULTURAL AREA, FLOR- 16 IDA. 17 (a) AUTHORIZATION.—Subject to subsection (b), the 18 Secretary is authorized to carry out the project for eco19 system restoration, Central and Southern Florida, Ever20 glades Agricultural Area, Florida, in accordance with sec21 tion 601 of the Water Resources Development Act of 2000 22 (114 Stat. 2680), as recommended in the addendum to 23 the Central Everglades Planning Project Post Authoriza24 tion Change Report, Feasibility Study and Draft Environ25 mental Impact Statement prepared by the South Florida g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 139 1 Water Management District and dated May 2018, with 2 such modifications as the Secretary considers appropriate. 3 (b) REQUIREMENT.— 4 (1) IN GENERAL.—The project authorized by 5 subsection (a) may be constructed only after the 6 Secretary prepares a report that addresses the con- 7 cerns, recommendations, and conditions identified by 8 the Secretary in the review assessment titled ‘‘Re- 9 view Assessment of South Florida Water Manage- 10 ment District’s Central Everglades Planning Project, 11 Section 203 Post Authorization Change Report, In- 12 tegrated Feasibility Study and DRAFT Environ- 13 mental Impact Statement (March 2018, Amended 14 May 2018)’’ and dated May 2018. 15 (2) EXPEDITED COMPLETION.—The Secretary 16 shall expedite the completion of the report under 17 paragraph (1) and shall complete such report not 18 later than 90 days after the date of enactment of 19 this section. 20 (c) CONSULTATION.—In reviewing the report identi- 21 fied in subsection (a), and completing the report identified 22 in subsection (b), the Secretary shall consult with the 23 South Florida Water Management District on any project 24 modifications. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 140 1 (d) CONSIDERATION.—Nothing in this section shall 2 be construed to delay the design, construction, and imple3 mentation of components and features of the project for 4 ecosystem restoration, Central Everglades, authorized by 5 section 1401(4) of the Water Resources Development Act 6 of 2016 (130 Stat. 1713), that are not directly affected 7 by the project authorized by subsection (a). 8 SEC. 1309. KISSIMMEE RIVER RESTORATION, FLORIDA. 9 The Secretary may credit work performed or to be 10 performed by the non-Federal sponsor of the project for 11 ecosystem restoration, Kissimmee River, Florida, author12 ized by section 101(8) of the Water Resources Develop13 ment Act of 1992 (106 Stat. 4802), as an in-kind con14 tribution under section 221(a)(4) of the Flood Control Act 15 of 1970 (42 U.S.C. 1962d–5b(a)(4)), in accordance with 16 the report of the Director of Civil Works relating to the 17 Central and Southern Florida Project, Kissimmee River 18 Restoration Project, dated April 27, 2018, subject to the 19 availability of appropriations for any payments due, if the 20 Secretary determines that the work was carried out in ac21 cordance with the requirements of subchapter 4 of chapter 22 31, and chapter 37, of title 40, United States Code. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 141 1 SEC. 1310. LEVEE L–212, FOUR RIVER BASIN, OCKLAWAHA 2 RIVER, FLORIDA. 3 The portions of the project for flood control and other 4 purposes, Four River Basins, Florida, authorized by sec5 tion 203 of the Flood Control Act of 1962 (76 Stat. 1183), 6 consisting of levee L–212 along the Ocklawaha River, 7 Florida, are no longer authorized beginning on the date 8 of enactment of this Act. 9 SEC. 1311. GREEN RIVER AND BARREN RIVER LOCKS AND 10 11 DAMS, KENTUCKY. Section 1315 of the Water Resources Development 12 Act of 2016 (130 Stat. 1698) is amended— 13 (1) in subsection (b)— 14 (A) in paragraph (3)— 15 (i) by redesignating subparagraphs 16 (A) and (B) as clauses (i) and (ii), respec- 17 tively, and adjusting the margins accord- 18 ingly; 19 (ii) in the matter preceding clause (i) 20 (as so redesignated), by striking ‘‘The Sec- 21 retary’’ and inserting the following: 22 ‘‘(A) IN 23 24 lowing: 25 ‘‘(B) USE OF FUNDS.—If the Secretary de- termines that removal of Lock and Dam 5 or g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) 21:04 Sep 10, 2018 Secretary’’; and (iii) by adding at the end the fol- 26 VerDate 0ct 09 2002 GENERAL.—The Jkt 000000 (705684 4) PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 142 1 a portion of Lock and Dam 5 is necessary be- 2 fore the conveyance under subparagraph (A), 3 the Secretary— 4 ‘‘(i) shall proceed with that removal; 5 and 6 ‘‘(ii) to carry out that removal— 7 ‘‘(I) may use appropriated funds 8 or accept and use funds contributed 9 by entities described in that subpara- 10 graph; and 11 ‘‘(II) may work with entities de- 12 scribed in that subparagraph.’’; and 13 (B) in paragraph (5)— 14 (i) by redesignating subparagraphs 15 (A) and (B) as clauses (i) and (ii), respec- 16 tively, and adjusting the margins accord- 17 ingly; 18 (ii) in the matter preceding clause (i) 19 (as so redesignated), by striking ‘‘The Sec- 20 retary’’ and inserting the following: 21 ‘‘(A) IN 22 23 lowing: 24 ‘‘(B) USE OF FUNDS.—If the Secretary de- termines that removal of Lock and Dam 1 or g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) 21:04 Sep 10, 2018 Secretary’’; and (iii) by adding at the end the fol- 25 VerDate 0ct 09 2002 GENERAL.—The Jkt 000000 (705684 4) PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 143 1 a portion of Lock and Dam 1 is necessary be- 2 fore the conveyance under subparagraph (A), 3 the Secretary— 4 ‘‘(i) shall proceed with that removal; 5 and 6 ‘‘(ii) to carry out that removal— 7 ‘‘(I) may use appropriated funds 8 or accept and use funds contributed 9 by entities described in that subpara- 10 graph; and 11 ‘‘(II) may work with entities de- 12 scribed in that subparagraph.’’; and 13 (2) in subsection (c), by adding at the end the 14 following: 15 ‘‘(5) REMOVAL COSTS.—In carrying out this 16 section, if the Secretary determines that removal of 17 a Lock and Dam (or a portion of a Lock and Dam) 18 described in this section is necessary, any Federal 19 costs of that removal shall be subject to the avail- 20 ability of appropriations.’’. 21 SEC. 1312. CAPE ARUNDEL DISPOSAL SITE, MAINE. 22 The Cape Arundel Disposal Site selected by the De- 23 partment of the Army as an alternative dredged material 24 disposal site under section 103(b) of the Marine Protec25 tion, Research, and Sanctuaries Act of 1972 (33 U.S.C. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 144 1 1413(b)) shall remain available for use until December 31, 2 2021. 3 SEC. 1313. PENOBSCOT RIVER, MAINE. 4 Beginning on the date of enactment of this Act, the 5 project for navigation, Penobscot River, Maine, authorized 6 by the River and Harbor Appropriations Acts of July 5, 7 1884 (23 Stat. 133), August 11, 1888 (25 Stat. 408), 8 July 31, 1892 (27 Stat. 96), and March 2, 1907 (Public 9 Law 59–168; 34 Stat. 1074), is modified as follows: 10 (1) The portion of the 14-foot deep channel lo- 11 cated between Bangor and Brewer, Maine, approxi- 12 mately 135,784 square feet in area, starting at a 13 point with coordinates N410451.89, E913370.08, 14 thence running N34°05’52.6’’E about 815.4 feet to 15 a point with coordinates N411127.11, E913827.20, 16 thence running N52°41’55.33’’E about 143.06 feet 17 to 18 E913941.00, thence running N27°04’01’’E about 19 1068.73 20 N412165.48, 21 S62°55’59.79’’E about 450 feet to a point with co- 22 ordinates N411960.72, E914828.01, thence running 23 S27°04’01’’W about 246.99 feet to a point with co- 24 ordinates N411740.78, E914715.62, thence running 25 N43°45’41.8’’W about 444.66 feet to a point with g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 a point feet with to coordinates a point E914427.30, N411213.81, with thence coordinates running (705684 4) PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 145 1 coordinates N412061.92, E914408.07, thence run- 2 ning S27°04’01’’W about 946.62 feet to a point with 3 coordinates N411218.97, E913977.33, thence run- 4 ning S38°21’58.9’’W about 978.35 feet to the point 5 of origin, is no longer authorized. 6 (2) The portion of the 14-foot deep channel, ap- 7 proximately 121,875 square feet in area, starting at 8 a point with coordinates N410670.99, E914168.96, 9 thence running N62°55’59’’W about 100 feet to a 10 point with coordinates N410716.49, E914079.92, 11 thence running N27°04’01’’E about 1236.13 feet to 12 a point with coordinates N411817.24, E914642.40, 13 thence running S43°45’41.8’’E about 105.87 feet to 14 a point with coordinates N411740.78, E914715.62, 15 thence running S27°04’01’’W about 1201.37 feet to 16 the point of origin, is redesignated as a 100-foot 17 wide and 14-foot deep anchorage area. 18 (3) The portion of the 14-foot deep channel, ap- 19 proximately 304,058 square feet in area, starting at 20 a point with coordinates N410761.99. E913990.87, 21 thence running N62°55’59’’W about 300.08 feet to 22 a point with coordinates N410898.54, E913723.66, 23 thence running N38°21’58.9’’E about 408.69 feet to 24 a point with coordinates N411218.97, E913977.33, 25 thence running N27°04’01’’E about 946.62 feet to g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 146 1 a point with coordinates N412061.92, E914408.07, 2 thence running S43°45’41.8’’E about 232.92 feet to 3 a point with coordinates N411893.70, E914569.17, 4 thence running S27°04’01’’W about 1270.9 feet to 5 the point of origin, is redesignated as a 14-foot deep 6 anchorage area of a width varying from 220 to 7 300.08 feet. 8 SEC. 1314. 9 10 HARBOR RESERVED CHANNEL DEAUTHORIZATIONS. (a) 40–FOOT RESERVED CHANNEL.— 11 (1) IN GENERAL.—The portions of the project 12 for navigation, Boston Harbor, Massachusetts, au- 13 thorized by the first section of the Act of October 14 17, 1940 (54 Stat. 1198, chapter 895), and modi- 15 fied by section 101 of the River and Harbor Act of 16 1958 (72 Stat. 297), section 101(a)(13) of the 17 Water Resources Development Act of 1990 (104 18 Stat. 4607), and section 7002(1) of the Water Re- 19 sources Reform and Development Act of 2014 (128 20 Stat. 1365), described in paragraph (2) are no 21 longer authorized beginning on the date of enact- 22 ment of this Act. 23 (2) AREAS 24 AREA.—The first areas de- scribed in this paragraph are— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) 21:04 Sep 10, 2018 DESCRIBED.— (A) FIRST 25 VerDate 0ct 09 2002 BOSTON Jkt 000000 (705684 4) PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 147 1 (i) beginning at a point N2950154.45, 2 E785995.64; 3 (ii) southwesterly about 4 1451.63 feet to a point N2950113.83, 5 E784544.58; 6 (iii) running southeasterly about 7 54.00 feet to a point N2950059.85, 8 E784546.09; 9 (iv) running southwesterly about 10 1335.82 feet to a point N2950022.48, 11 E783210.79; 12 (v) running northwesterly about 83.00 13 feet to a point N2950105.44, E783208.47; 14 (vi) running northeasterly about 15 2787.45 feet to a point N2950183.44, 16 E785994.83; and 17 (vii) running southeasterly about 18 29.00 feet to the point described in clause 19 (i). 20 (B) SECOND 21 AREA.—The second areas de- scribed in this paragraph are— 22 (i) beginning at a point N2950502.86, 23 E785540.84; 24 (ii) running northeasterly about 46.11 25 feet to a point N2950504.16, E785586.94; g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 running 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 148 1 (iii) southwesterly about 2 25.67 feet to a point N2950480.84, 3 E785576.18; 4 (iv) running southwesterly to a point 5 N2950414.32, E783199.83; 6 (v) running northwesterly about 8.00 7 feet to a point N2950422.32, E783199.60; 8 (vi) 9 running northeasterly about 2342.58 feet to a point N2950487.87, 10 E785541.26; and 11 (vii) running northwesterly about 12 15.00 feet to the point described in clause 13 (i). 14 (b) 35–FOOT RESERVED CHANNEL.— 15 (1) IN GENERAL.—The portions of the project 16 for navigation, Boston Harbor, Massachusetts, au- 17 thorized by the first section of the Act of October 18 17, 1940 (54 Stat. 1198, chapter 895), and modi- 19 fied by section 101 of the River and Harbor Act of 20 1958 (72 Stat. 297), described in paragraph (2) are 21 no longer authorized beginning on the date of enact- 22 ment of this Act. 23 (2) AREAS 24 AREA.—The first areas de- scribed in this paragraph are— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) 21:04 Sep 10, 2018 DESCRIBED.— (A) FIRST 25 VerDate 0ct 09 2002 running Jkt 000000 (705684 4) PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 149 1 (i) beginning at a point N2950143.44, 2 E787532.14; 3 (ii) running southeasterly about 22.21 4 feet to a point N2950128.91, E787548.93; 5 (iii) southwesterly about 6 4,339.42 feet to a point N2950007.48, 7 E783211.21; 8 (iv) 9 running northwesterly about 15.00 feet to a point N2950022.48, 10 E783210.79; and 11 (v) running northeasterly about 12 4,323.05 feet to the point described in 13 clause (i). 14 (B) SECOND 15 AREA.—The second areas de- scribed in this paragraph are— 16 (i) beginning at a point N2950502.86, 17 E785540.84; 18 (ii) running southeasterly about 15.00 19 feet to a point N2950487.87, E785541.26; 20 (iii) running southwesterly about 21 2342.58 feet to a point N2950422.32, 22 E783199.60; 23 (iv) running southeasterly about 8.00 24 feet to a point N2950414.32, E783199.83; g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 running 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 150 1 (v) running southwesterly about 2 1339.12 feet to a point N2950376.85, 3 E781861.23; 4 (vi) running northwesterly about 5 23.00 feet to a point N2950399.84, 6 E781860.59; and 7 (vii) running northeasterly about 8 3681.70 feet to the point described in 9 clause (i). 10 SEC. 1315. CORPS OF ENGINEERS BRIDGE REPAIR PRO- 11 GRAM 12 ROUTES. 13 FOR NEW ENGLAND EVACUATION Subject to the availability of appropriations, the Sec- 14 retary may repair or replace, as necessary, any bridge 15 owned and operated by the Secretary that is— 16 (1) located in any of the States of Connecticut, 17 Maine, Massachusetts, New Hampshire, Rhode Is- 18 land, or Vermont; and 19 (2) necessary for evacuation during an extreme 20 21 weather event, as determined by the Secretary. SEC. 1316. PLYMOUTH HARBOR, MASSACHUSETTS. 22 The Secretary shall expedite and complete the dredg- 23 ing of Plymouth Harbor, Massachusetts, as authorized by 24 the Act of March 4, 1913 (37 Stat. 802, chapter 144) g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 151 1 and the Act of September 22, 1922 (42 Stat. 1038, chap2 ter 427). 3 SEC. 1317. PORTSMOUTH HARBOR AND PISCATAQUA RIVER. 4 The Secretary shall expedite the project for naviga- 5 tion for Portsmouth Harbor and the Piscataqua River au6 thorized by section 101 of the River and Harbor Act of 7 1962 (76 Stat. 1173). 8 SEC. 1318. MISSOURI RIVER AND TRIBUTARIES AT KANSAS 9 CITIES, MISSOURI AND KANSAS. 10 The Secretary shall align the schedules of, and maxi- 11 mize complimentary efforts, minimize duplicative prac12 tices, and ensure coordination and information sharing 13 with respect to— 14 (1) the project for flood damage reduction, Ar- 15 gentine, East Bottoms, Fairfax-Jersey Creek, and 16 North Kansas Levees Units, Missouri River and 17 tributaries at Kansas Cities, Missouri and Kansas, 18 authorized by section 1001(28) of the Water Re- 19 sources Development Act of 2007 (121 Stat. 1054); 20 and 21 (2) the project for flood risk management, 22 Armourdale and Central Industrial District Levee 23 Units, Missouri River and Tributaries at Kansas 24 Citys, Missouri and Kansas, authorized by section g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 152 1 1401(2) of the Water Resources Development Act of 2 2016 (130 Stat. 1710). 3 SEC. 1319. HAMPTON HARBOR, NEW HAMPSHIRE, NAVIGA- 4 TION IMPROVEMENT PROJECT. 5 In carrying out the project for navigation, Hampton 6 Harbor, New Hampshire, under section 107 of the River 7 and Harbor Act of 1960 (33 U.S.C. 577), the Secretary 8 shall use all existing authorities of the Secretary to miti9 gate severe shoaling. 10 SEC. 1320. PASSAIC RIVER FEDERAL NAVIGATION CHAN- 11 12 NEL, NEW JERSEY. (a) DEFINITION PASSAIC RIVER NAVIGATION OF 13 PROJECT.—In this section, the term ‘‘Passaic River navi14 gation project’’ means the project for the Passaic River 15 Federal navigation channel, New Jersey, described in the 16 document of the New York District of the Corps of Engi17 neers numbered 207075, entitled ‘‘Lower Passaic River 18 Commercial Navigation Analysis’’, and dated March 2007, 19 as revised in December 2008 and July 2010. 20 (b) DEAUTHORIZATION.— 21 (1) IN portion of the Passaic 22 River navigation project described in paragraph (2) 23 is deauthorized. 24 25 (2) DESCRIPTION 21:04 Sep 10, 2018 OF PORTION.—The portion of the Passaic River navigation project referred to in g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—The Jkt 000000 (705684 4) PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 153 1 paragraph (1) is the portion from river mile 1.7 to 2 river mile 15.4, as bounded by— 3 (A) the coordinates of— 4 (i) West Longitude 074 10.33047″ W; 5 (ii) North Latitude 40 51.99988″ N; 6 (iii) East Longitude 074 06.05923″ 7 W; and 8 (iv) South Latitude 40 43.2217″ N; 9 and 10 (B) the New Jersey State Plane (US Sur- 11 vey Feet, NAD–83), as follows: Upper Left 12 x731 592941.27 y731 739665.34; Upper Right 13 x731 602477.94 y731 740791.62; Lower Left 14 x731 582974.17 y731 692561.62; Lower Right 15 x731 598345.10 y731 691219.09. 16 (c) MODIFICATION.— 17 (1) IN depth of the portion of 18 the Passaic River navigation project described in 19 paragraph (2) is modified from 30 feet to 20 feet 20 (using the Mean Lower Low Water datum). 21 (2) DESCRIPTION OF PORTION.—The portion of 22 the Passaic River navigation project referred to in 23 paragraph (1) is the portion from river mile 0.6 to 24 river mile 1.7, as bounded by— 25 (A) the coordinates of— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—The 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 154 1 (i) West Longitude 074 07.43471″ W; 2 (ii) North Latitude 40 44.32682″ N; 3 (iii) East Longitude 074 06.61586″ 4 W; and 5 (iv) South Latitude 40 42.39342″ N; 6 and 7 (B) the New Jersey State Plane (US Sur- 8 vey Feet, NAD–83), as follows: Upper Left 9 x731 597440.36 y731 691333.92; Upper Right 10 x731 598345.10 y731 691219.09; Lower Left 11 x731 596416.01 y731 685597.99; Lower Right 12 x731 597351.18 y731 685596.08. 13 SEC. 1321. FARGO-MOORHEAD METROPOLITAN AREA DI- 14 VERSION PROJECT, NORTH DAKOTA. 15 (a) EXEMPTION.—Subject to subsections (b) and (c), 16 notwithstanding section 404(b)(2)(B)(ii) of the Robert T. 17 Stafford Disaster Relief and Emergency Assistance Act 18 (42 U.S.C. 5170c(b)(2)(B)(ii)), and any regulations pro19 mulgated to carry out that section, beginning on the date 20 of enactment of this Act, any property in the State of 21 North Dakota that was acquired through hazard mitiga22 tion assistance provided under section 203 of that Act (42 23 U.S.C. 5133), section 404 of that Act (42 U.S.C. 5170c), 24 or section 1366 of the National Flood Insurance Act of 25 1968 (42 U.S.C. 4104c), that was subject to any open g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 155 1 space deed restriction is exempt from those restrictions to 2 the extent necessary to complete the Fargo-Moorhead 3 Metropolitan Area Diversion Project authorized by section 4 7002(2) of the Water Resources Reform and Development 5 Act of 2014 (128 Stat. 1366). 6 (b) CONDITIONS.—As a condition of the exemption 7 under subsection (a)— 8 (1) no new or additional structure unrelated to 9 the Project may be erected on the property unless 10 the new or additional structure is in compliance with 11 section 404(b)(2)(B)(ii) of the Robert T. Stafford 12 Disaster Relief and Emergency Assistance Act (42 13 U.S.C. 5170c(b)(2)(B)(ii)); and 14 (2) any subsequent use of the land on the prop- 15 erty that is unrelated to the Project shall comply 16 with that section. 17 (c) DISASTER ASSISTANCE PROHIBITED.—After the 18 date of enactment of this Act, no disaster assistance from 19 any Federal source may be provided with respect to any 20 improvements made on the property referred to in sub21 section (a). 22 (d) SAVINGS PROVISION.—Nothing in this section af- 23 fects the responsibility of any entity to comply with all 24 other applicable laws (including regulations) with respect 25 to the properties described in subsection (a). g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 156 1 SEC. 1322. CLATSOP COUNTY, OREGON. 2 The portions of the project for raising and improving 3 existing levees of Clatsop County Diking District No. 13, 4 in Clatsop County, Oregon, authorized by section 5 of the 5 Act of June 22, 1936 (49 Stat. 1590), that are referred 6 to as Christensen No. 1 Dike No. 42 and Christensen No. 7 2 Levee No. 43 are no longer authorized beginning on the 8 date of enactment of this Act. 9 SEC. 1323. SVENSEN ISLAND, OREGON. 10 The project for flood risk management, Svensen Is- 11 land, Oregon, authorized by section 204 of the Flood Con12 trol Act of 1950 (64 Stat. 180), is no longer authorized 13 beginning on the date of enactment of this Act. 14 SEC. 1324. WEST TENNESSEE TRIBUTARIES PROJECT, TEN- 15 16 NESSEE. The unconstructed portions of the West Tennessee 17 tributaries project along the Obion and Forked Deer Riv18 ers, Tennessee, authorized by section 203 of the Flood 19 Control Act of 1948 (62 Stat. 1178), and modified by sec20 tion 207 of the Flood Control Act of 1966 (80 Stat. 1423), 21 section 3(a) of the Water Resources Development Act of 22 1974 (88 Stat. 14), and section 183 of the Water Re23 sources Development Act of 1976 (90 Stat. 2940), are no 24 longer authorized beginning on the date of enactment of 25 this Act. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 157 1 SEC. 1325. PUGET SOUND NEARSHORE ECOSYSTEM RES- 2 TORATION. 3 Section 544(f) of the Water Resources Development 4 Act of 2000 (Public Law 106–541; 114 Stat. 2675) is 5 amended— 6 (1) by striking ‘‘$40,000,000’’ and inserting 7 ‘‘$60,000,000’’; and 8 (2) by striking ‘‘$5,000,000’’ and inserting 9 ‘‘$10,000,000’’. 10 SEC. 1326. MILWAUKEE HARBOR, MILWAUKEE, WISCONSIN. 11 The portion of the project for navigation, Milwaukee 12 Harbor, Milwaukee, Wisconsin, authorized by the first sec13 tion of the Act of March 3, 1843 (5 Stat. 619; chapter 14 85), consisting of the navigation channel within the 15 Menomonee River that extends from the 16th Street 16 Bridge upstream to the upper limit of the authorized navi17 gation channel and described as follows is no longer au18 thorized beginning on the date of enactment of this Act: 19 (1) Beginning at a point in the channel just 20 downstream 21 N383219.703, E2521152.527. the 16th Street Bridge, 22 (2) Thence running westerly along the channel 23 about 2,530.2 feet to a point, N383161.314, 24 E2518620.712. 25 (3) Thence running westerly by southwesterly 26 along the channel about 591.7 feet to a point at the g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 of 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 158 1 upstream limit of the existing project, N383080.126, 2 E2518036.371. 3 (4) Thence running northerly along the up- 4 stream limit of the existing project about 80.5 feet 5 to a point, N383159.359, E2518025.363. 6 (5) Thence running easterly by northeasterly 7 along the channel about 551.2 feet to a point, 8 N383235.185, E2518571.108. 9 (6) Thence running easterly along the channel 10 about 2,578.9 feet to a point, N383294.677, 11 E2521150.798. 12 (7) Thence running southerly across the chan- 13 14 nel about 74.3 feet to the point of origin. SEC. 1327. PROJECT COMPLETION FOR DISASTER AREAS. 15 The Secretary shall expeditiously carry out any 16 project for flood risk management or hurricane and storm 17 damage risk reduction authorized as of the date of enact18 ment of this Act to be carried out by the Secretary in 19 Texas, Florida, Georgia, Louisiana, South Carolina, the 20 Commonwealth of Puerto Rico, or the United States Vir21 gin Islands. 22 SEC. 1328. FEDERAL ASSISTANCE. 23 (a) IN GENERAL.—In accordance with the require- 24 ments of subsection (b), the Secretary is authorized to 25 provide assistance for the operation and maintenance of g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 159 1 a flood risk reduction project in the Red River Basin of 2 the North that was constructed, prior to the date of enact3 ment of this Act, under section 5(a) of the Act of August 4 18, 1941 (33 U.S.C. 701n(a)). 5 (b) CONDITION.—The Secretary may provide the as- 6 sistance authorized by subsection (a) for a project that, 7 as determined by the Secretary, becomes permanent due 8 to the extended presence of assistance from the Secretary 9 under section 5(a) of the Act of August 18, 1941 (33 10 U.S.C. 701n(a)). 11 (c) TERMINATION.—The authority to provide assist- 12 ance under this section terminates on the date that is four 13 years after the date of enactment of this section. 14 SEC. 1329. EXPEDITED INITIATION. 15 Section 1322(b)(2) of the Water Resources Develop- 16 ment Act of 2016 (130 Stat. 1707) is amended, in the 17 matter preceding subparagraph (A), by inserting ‘‘or, in 18 a case in which a general reevaluation report for the 19 project is required, if such report has been submitted for 20 approval,’’ after ‘‘completed report,’’. 21 SEC. 1330. PROJECT DEAUTHORIZATION AND STUDY EX- 22 23 TENSIONS. (a) PROJECT DEAUTHORIZATIONS.—Section 6003(a) 24 of the Water Resources Reform and Development Act of 25 2014 (33 U.S.C. 579c(a)) is amended— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 160 1 (1) by striking ‘‘7-year period’’ each place it ap- 2 pears and inserting ‘‘10-year period’’; and 3 (2) by adding at the end the following: 4 ‘‘(3) CALCULATION.—In calculating the time 5 period under paragraph (1), the Secretary shall not 6 include any period of time during which the project 7 is being reviewed and awaiting determination by the 8 Secretary to implement a locally preferred plan for 9 that project under section 1036(a). 10 ‘‘(4) EXCEPTION.—The Secretary shall not de- 11 authorize any project during the period described in 12 paragraph (3).’’. 13 (b) STUDY EXTENSIONS.—Section 1001(d)(4) of the 14 Water Resources Reform and Development Act of 2014 15 (33 U.S.C. 2282c(d)(4)) is amended by striking ‘‘7 years’’ 16 and inserting ‘‘10 years’’. 17 SEC. 1331. CONVEYANCES. 18 (a) CHEATHAM COUNTY, TENNESSEE.— 19 (1) CONVEYANCE Secretary 20 may convey to Cheatham County, Tennessee (in this 21 subsection referred to as the ‘‘Grantee’’), all right, 22 title, and interest of the United States in and to the 23 real property in Cheatham County, Tennessee, con- 24 sisting of approximately 9.19 acres, identified as 25 portions of tracts E–514–1, E–514–2, E–518–1, E– g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 AUTHORIZED.—The 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 161 1 518–2, E–519–1, E–537–1, and E–538, all being 2 part of the Cheatham Lock and Dam project at 3 CRM 158.5, including any improvements thereon. 4 (2) DEED.—The Secretary shall convey the 5 property under this subsection by quitclaim deed 6 under such terms and conditions as the Secretary 7 determines appropriate to protect the interests of 8 the United States, to include retaining the right to 9 inundate with water any land transferred under this 10 subsection. 11 (3) CONSIDERATION.—The Grantee shall pay to 12 the Secretary an amount that is not less than the 13 fair market value of the land conveyed under this 14 subsection, as determined by the Secretary. 15 (4) SUBJECT 16 OTHER INTERESTS.—The 17 under this section shall be subject to all existing 18 easements, rights-of-way, and leases that are in ef- 19 fect as of the date of the conveyance. 20 (b) NASHVILLE, TENNESSEE.— 21 (1) CONVEYANCE conveyance of property AUTHORIZED.—The Secretary 22 may convey, without consideration, to the City of 23 Nashville, Tennessee (in this subsection referred to 24 as the ‘‘City’’), all right, title, and interest of the 25 United States in and to the real property covered by g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 TO EXISTING EASEMENTS AND 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 162 1 Lease No. DACW62–1–84–149, including any im- 2 provements thereon, at the Riverfront Park Rec- 3 reational Development, consisting of approximately 5 4 acres, subject to the right of the Secretary to retain 5 any required easements in the property. 6 (2) CONVEYANCE AGREEMENT.—The Secretary 7 shall convey by quitclaim the real property described 8 in paragraph (1) under the terms and conditions 9 mutually satisfactory to the Secretary and the City. 10 The deed shall provide that in the event that the 11 City, its successors, or assigns cease to maintain im- 12 provements for recreation included in the conveyance 13 or otherwise utilize the real property conveyed for 14 purposes other than recreation and compatible flood 15 risk management, the City, its successor, or assigns 16 shall repay to the United States the Federal share 17 of the cost of constructing the improvements for 18 recreation under the agreement between the United 19 States and the City dated December 8, 1981, in- 20 creased as necessary to account for inflation. 21 (c) LOCKS AND DAMS 1 THROUGH 4, KENTUCKY 22 RIVER, KENTUCKY.— 23 (1) IN on the date of en- 24 actment of this Act, commercial navigation at Locks 25 and Dams 1 through 4, Kentucky River, Kentucky, g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—Beginning 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 163 1 shall no longer be authorized, and the land and im- 2 provements associated with the locks and dams shall 3 be disposed of consistent with this subsection and in 4 accordance with the report of the Director of Civil 5 Works entitled ‘‘Kentucky River Locks and Dams 1, 6 2, 3, and 4, Disposition Study and Integrated Envi- 7 ronmental Assessment’’ and dated April 20, 2018. 8 (2) DISPOSITION.—The Secretary shall convey 9 to the State of Kentucky (referred to in this section 10 as the ‘‘State’’), for the use and benefit of the Ken- 11 tucky River Authority, all right, title, and interest of 12 the United States, together with any improvements 13 on the land, including improvements located in the 14 Kentucky River, in and to— 15 (A) Lock and Dam 1, located in Carroll 16 County, Kentucky; 17 (B) Lock and Dam 2, located in Owen and 18 Henry counties, Kentucky; 19 (C) Lock and Dam 3, located in Owen and 20 Henry counties, Kentucky; and 21 (D) Lock and Dam 4, located in Franklin 22 County, Kentucky. 23 (3) CONDITIONS.— 24 (A) QUITCLAIM 25 21:04 Sep 10, 2018 Secretary shall convey the property described in para- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 DEED.—The Jkt 000000 (705684 4) PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 164 1 graph (2) by quitclaim deed to such State 2 under such terms and conditions as the Sec- 3 retary determines appropriate to protect the in- 4 terests of the United States. 5 (B) ADMINISTRATIVE Sec- 6 retary shall be responsible for all administrative 7 costs associated with a conveyance under this 8 subsection, including the costs of any surveys 9 the Secretary determines to be necessary. 10 (C) IMPROVEMENTS 11 (i) IN PROHIBITED.— GENERAL.—The Secretary may 12 not improve the locks and dams and land 13 and improvements associated with the 14 locks and dams described in this sub- 15 section on or after the date of enactment 16 of this Act. 17 (ii) SAVINGS CLAUSE.—Nothing in 18 subparagraph (A) prohibits the State from 19 improving the locks and dams and the land 20 and improvements associated with the 21 locks and dams described in this sub- 22 section on or after the date of conveyance 23 under this subsection. 24 25 (4) SAVINGS 21:04 Sep 10, 2018 CLAUSE.—If the State does not ac- cept the conveyance under this subsection of the g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 COSTS.—The Jkt 000000 (705684 4) PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 165 1 land and improvements associated with the locks 2 and dams described in this subsection, the Secretary 3 may dispose of the land and improvements under 4 subchapter III of chapter 5 of title 40, United 5 States Code. 6 (d) BAINBRIDGE, GEORGIA.— 7 (1) IN the date of enactment of 8 this Act, the Secretary of the Army shall convey to 9 the City of Bainbridge, Georgia, without consider- 10 ation and subject to subsection (b), all right, title, 11 and interest in and to real property described in 12 subsection (c). 13 (2) TERMS 14 AND CONDITIONS.— (A) IN GENERAL.—The conveyance by the 15 United States under this subsection shall be 16 subject to— 17 (i) the condition that the City of 18 Bainbridge agrees to operate, maintain, 19 and manage the property for fish and wild- 20 life, recreation, and environmental pur- 21 poses at no cost or expense to the United 22 States; and 23 (ii) such other terms and conditions 24 as the Secretary determines to be in the 25 interest of the United States. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—On 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 166 1 (B) REVERSION.—If the Secretary deter- 2 mines that the real property conveyed under 3 paragraph (1) ceases to be held in public own- 4 ership or the city ceases to operate, maintain, 5 and manage the real property in accordance 6 with this subsection, all right, title, and interest 7 in and to the property shall revert to the United 8 States, at the option of the Secretary. 9 (3) PROPERTY.—The property to be conveyed is 10 composed of the following 3 parcels of land: 11 (A) PARCEL 1.—All that tract or parcel of 12 land lying and being in Land Lots 226. and 13 228, Fifteenth Land District, and Land Lots 14 319, 320, 321, 322, 323 and 358, Twentieth 15 Land District, Decatur County, Georgia, more 16 particularly described as follows: 17 Beginning a concrete monument 18 stamped ‘‘358’’ which is 950 feet, more or less, 19 North of the South line and 600 feet, more or 20 less, West of the East line of said Land Lot 21 358, at a corner of a tract of land owned by the 22 United States of America at Lake Seminole and 23 at plane coordinate position North 318,698.72 24 feet and East 360,033.38 feet based on Trans- 25 verse Mercator Projection, Georgia West Zone; g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 at 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 167 1 Thence Due West 75 feet, more or less, to 2 the contour at elevation 77.0 feet above Mean 3 Sea Level; 4 Thence Northeasterly along the meanders 5 of said 77.0 foot contour a distance of 20,600 6 feet, more or less, to the mouth of the entrance 7 channel to the arena and boat basin; 8 Thence N 75° E 150 feet, more or less, to 9 another point on said 77.0 foot contour; 10 Thence Northeasterly along the meanders 11 of said 77.0 foot contour a distance of 3,300 12 feet, more or less, to a point which is on the 13 boundary of said United States tract and on 14 the boundary of a tract of land now or formerly 15 owned by the City of Bainbridge, Georgia; 16 Thence along the boundary of said United 17 States tract the following courses: 18 S 10° 52′ E along the boundary of 19 said City of Bainbridge tract 830 feet, 20 more or less, to a corner of said tract; 21 S 89° 45′ E along the boundary of 22 said City of Bainbridge tract 700 feet, 23 more or less, to a concrete monument 24 stamped ‘‘J1A’’, coordinates of said monu- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 168 1 ment being North 328,902.34 feet and 2 East 369,302.33 feet; 3 S 22° 25′ W 62 feet, more or less, to 4 a corner of another tract of land owned by 5 the City of Bainbridge, Georgia; 6 S 88° 07′ W along the boundary of 7 said City of Bainbridge tract 350 feet, 8 more or less to a corner of said tract; 9 N 84° 00′ W along the boundary of 10 said City of Bainbridge tract 100.5 feet to 11 a corner said tract; 12 S 88° 07′ W along the boundary of 13 said City of Bainbridge tract 300.0 feet to 14 a corner of said tract; 15 S 14° 16′ W along boundary of said 16 City of Bainbridge tract 89.3 feet to a cor- 17 ner of said tract; 18 Southwesterly along the boundary of 19 said City of Bainbridge tract which is 20 along a curve to the right with a radius of 21 684.69 feet an arc distance of 361.8 feet 22 to a corner of said tract; 23 S 30° 00′ W along the boundary of 24 said City of Bainbridge tract 294.0 feet to 25 a corner of said tract; g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 169 1 S 10° 27′ W along the boundary of 2 said City of Bainbridge tract 385.0 feet to 3 a corner of said tract; 4 N 73° 31′ W 38 feet, more or less, to 5 a concrete monument; 6 S 16° 25′ W 563.7 feet to a concrete 7 monument stamped ‘‘J7A’’; 8 S 68° 28′ W 719.5 feet to a concrete 9 monument stamped ‘‘J9A’’; 10 S 68° 28′ W 831.3 feet to a concrete 11 monument stamped ‘‘J12A’’; 12 S 89° 39′ E 746.7 feet to a concrete 13 monument stamped ‘‘J11A’’; 14 S 01° 22′ W 80.0 feet to a concrete 15 monument stamped ‘‘J11B’’; 16 N 89° 39′ W 980.9 feet to a concrete 17 monument stamped ‘‘J13A’’; 18 S 01° 21′ W 560.0 feet to a concrete 19 monument stamped ‘‘J15A’’; 20 S 37° 14′ W 1,213.0 feet; 21 N 52° 46′ W 600.0 feet; 22 S 37° 14′ W 1,000.0 feet; 23 S 52° 46′ E 600.0 feet; 24 S 37° 14′ W 117.0 feet to a concrete 25 monument stamped ‘‘320/319’’; g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 170 1 S 37° 13′ W 1,403.8 feet to a con- 2 crete monument stamped ‘‘322/319’’; 3 S 37° 13′ W 2,771.4 feet to a con- 4 crete monument stamped ‘‘322/323’’; 5 S 37° 13′ W 1,459.2 feet; 6 N 89° 04′ W 578.9 feet; 7 S 53° 42′ W 367.7 feet; 8 S 43° 42′ W 315.3 feet; 9 S 26° 13′ W 654.9 feet, more or less, 10 to the point of beginning. 11 Containing 550.00 acres, more or less, and 12 being a part of Tracts L-1105 and L-1106 of 13 Lake Seminole. 14 (B) PARCEL 2.—All that tract or parcel of 15 land lying and lying and being in Land Lot 16 226, Fifteenth Land District, Decatur County, 17 Georgia, more particularly described as follows: 18 Beginning at a point which is on the East 19 right-of-way line of the Seaboard Airline Rail- 20 road, 215 feet North of the South end of the 21 trestle over the Flint River, and at a corner of 22 a tract of land owned by the United States of 23 America at Lake Seminole; 24 Thence Southeasterly along the boundary 25 of said United States tract which is along a g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 171 1 curve to the right a distance of 485 feet, more 2 or less, to a point which is 340 feet, more or 3 less, S 67° 00′ E from the South end of said 4 trestle, and at a corner of said United States 5 tract; 6 Thence N 70° 00′ E along the boundary of 7 said United States tract 60.0 feet to a corner 8 of said tract; 9 Thence Northerly along the boundary of 10 said United States tract which is along a curve 11 to the right a distance of 525 feet, more or less, 12 to a corner of said tract; 13 Thence S 05° 00′ W along the boundary of 14 said United States tract 500.0 feet to a corner 15 of said tract; 16 Thence Due West along the boundary of 17 said United States tract 370 feet, more or less, 18 to a point which is on the East right-of-way line 19 of said railroad and at a corner of said United 20 States tract; 21 Thence N 13° 30′ W along the boundary 22 of said United States tract which is along the 23 East right-of-way line of said railroad a dis- 24 tance of 310 feet, more or less, to the point of 25 beginning. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 172 1 Containing 3.67 acres, more or less, and 2 being all of Tract L-1124 of Lake Seminole. 3 Parcels 1 and 2 contain in the aggregate 4 553.67 acres, more or less. 5 (C) PARCEL 3.—All that tract or panel of 6 land lying and being in Land Lot 225, Fif- 7 teenth Land District, Decatur County, Georgia, 8 more particularly described as follows: 9 Beginning at an iron marker designated 10 ‘‘225/226/’’, which is on the South line and 500 11 feet, more or less, West of the Southeast corner 12 of said Land Lot 225 at a corner of a tract of 13 land owned by the United States of America at 14 Lake Seminole and at plane coordinate position 15 North 330,475.82 feet and East 370,429.36 16 feet, based on Transverse Mercator Projection, 17 Georgia West Zone; 18 Thence Due West along the boundary of 19 said United States tract a distance of 53.0 feet 20 to a monument stamped ‘‘225/226-A’’; 21 Thence continue Due West along the 22 boundary of said United States tract a distance 23 of 56 feet, more or less, to a point on the East 24 bank of the Flint River; g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 173 1 Thence Northerly, upstream, along the me- 2 anders of the East bank of said river a distance 3 of 1,200 feet, more or less, to a point which is 4 on the Southern right-of-way line of U.S. High- 5 way No. 84 and at a corner of said United 6 States tract; 7 Thence Easterly and Southeasterly along 8 the Southern right-of-way line of said highway, 9 which is along the boundary of said United 10 States tract a distance of 285 feet, more or 11 less, to a monument stamped ‘‘L-23-1’’, the co- 12 ordinates of said monument being North 13 331,410.90 and East 370,574.96; 14 Thence S 02° 25′ E along the boundary of 15 said United States tract a distance of 650.2 16 feet to a monument stamped ‘‘225-A’’; 17 Thence S 42° 13′ E along the boundary of 18 said United States tract a distance of 99.8 feet 19 to a monument stamped ‘‘225’’; 20 Thence S 48° 37′ W along the boundary of 21 said United States tract a distance of 319.9 22 feet, more or less, to the point of beginning. 23 Containing 4.14 acres, more or less, and 24 being all of Tract L-1123 of the Lake Seminole 25 Project. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 174 1 (e) PORT OF WHITMAN COUNTY, WASHINGTON.— 2 (1) DEFINITIONS.—In this subsection: 3 (A) FEDERAL term ‘‘Federal 4 land’’ means the approximately 288 acres of 5 land situated in Whitman County, Washington, 6 contained within Tract D of Little Goose Lock 7 and Dam. 8 (B) NON-FEDERAL LAND.—The term 9 ‘‘non-Federal land’’ means a tract or tracts of 10 land owned by the Port of Whitman County, 11 Washington, that the Secretary determines, 12 with approval of the Washington Department of 13 Fish and Wildlife and the Secretary of the Inte- 14 rior acting through the Director of the United 15 States Fish and Wildlife Service, equals or ex- 16 ceeds the value of the Federal land both as 17 habitat for fish and wildlife and for recreational 18 opportunities related to fish and wildlife. 19 (2) LAND EXCHANGE.—On conveyance by the 20 Port of Whitman County to the United States of all 21 right, title, and interest in and to the non-Federal 22 land, the Secretary of the Army shall convey to the 23 Port of Whitman County all right, title, and interest 24 of the United States in and to the Federal land. 25 (3) DEEDS.— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 LAND.—The 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 175 1 (A) DEED 2 Secretary may only accept conveyance of the 3 non-Federal land by warranty deed, as deter- 4 mined acceptable by the Secretary. 5 (B) DEED TO FEDERAL LAND.—The Sec- 6 retary shall convey the Federal land to the Port 7 of Whitman County by quitclaim deed and sub- 8 ject to any reservations, terms, and conditions 9 the Secretary determines necessary to allow the 10 United States to operate and maintain the 11 Lower Snake River Project and to protect the 12 interests of the United States. 13 (4) CASH PAYMENT.—If the appraised fair mar- 14 ket value of the Federal land, as determined by the 15 Secretary, exceeds the appraised fair market value of 16 the non-Federal land, as determined by the Sec- 17 retary, the Port of Whitman County shall make a 18 cash payment to the United States reflecting the dif- 19 ference in the appraised fair market values. 20 (5) ADMINISTRATIVE EXPENSES.—The Port of 21 Whitman County shall be responsible for the admin- 22 istrative costs of the transaction in accordance with 23 section 2695 of title 10, United States Code. 24 (f) FORT DUPONT, DELAWARE.— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 TO NON-FEDERAL LAND.—The 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 176 1 (1) IN to paragraph (2), 2 not later than 180 days after the date of enactment 3 of this Act, the Secretary shall transfer— 4 (A) all right, title, and interest in and to 5 a parcel of land known as that part of the 6 Original Acquisition (OADE) Tract that in- 7 cludes the bed and banks of the Delaware 8 Branch Channel on the north side of the Fifth 9 Street Bridge, Delaware City, Delaware, con- 10 taining approximately 31.6 acres of land, to the 11 Fort DuPont Redevelopment and Preservation 12 Corporation (herein referred to as ‘‘the Grant- 13 ee’’); and 14 (B) all right, title, and interest in and to 15 the Fifth Street Bridge, together with the land 16 known as that part of the Original Acquisition 17 (OADE) Tract that includes the banks and bed 18 of the Delaware Branch Channel, Delaware 19 City, Delaware, containing approximately 0.27 20 acres of land, to the State of Delaware. 21 (2) CONDITIONS.— 22 (A) STATE APPROVAL.—Before making a 23 transfer under paragraph (1), the Secretary 24 shall ensure that the Governor of Delaware 25 agrees to the transfer. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—Subject 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 177 1 (B) TOLL-FREE BRIDGE.—Before making 2 a transfer under subparagraph (1)(B), the Gov- 3 ernor of Delaware shall agree to ensure that no 4 toll is imposed for use of the bridge referred to 5 in that subsection, in accordance with section 6 109 of the River and Harbor Act of 1950 (33 7 U.S.C. 534). 8 (C) SURVEY.—The exact acreage and legal 9 description of the land to be transferred under 10 paragraph (1) shall be determined by a survey 11 satisfactory to the Secretary and the Governor 12 of Delaware. 13 (D) COSTS.—Any administrative costs for 14 the transfer under paragraph (1) shall be paid 15 by Fort DuPont Redevelopment and Preserva- 16 tion Corporation, the State of Delaware, or a 17 combination of those entities. 18 (3) CONSIDERATION.—The Grantee shall pay to 19 the Secretary an amount that is not less than the 20 fair market value of the land conveyed to the Grant- 21 ee under this subsection, as determined by the Sec- 22 retary. 23 (g) TUSCALOOSA, ALABAMA.—As soon as practicable 24 after the date of enactment of this Act, the Secretary of 25 the Army shall convey by quitclaim deed to the City of g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 178 1 Tuscaloosa, Alabama, at fair market value, the lands 2 owned by the United States adjacent to the Black Warrior 3 River on the south side below the U.S. Highway 43 bridge, 4 including the south wall of the Old Oliver Lock, and ex5 tending to the Corps’ current recreation area, that the 6 Secretary determines are no longer required for operation 7 and maintenance of the Oliver Lock and Dam. 8 (h) GENERALLY APPLICABLE PROVISIONS.— 9 (1) SURVEY 10 The exact acreage and the legal description of any 11 real property to be conveyed under this section shall 12 be determined by a survey that is satisfactory to the 13 Secretary. 14 (2) APPLICABILITY OF PROPERTY SCREENING 15 PROVISIONS.—Section 16 States Code, shall not apply to any conveyance 17 under this section. 18 (3) ADDITIONAL 2696 of title 10, United TERMS AND CONDITIONS.— 19 The Secretary may require that any conveyance 20 under this section be subject to such additional 21 terms and conditions as the Secretary considers nec- 22 essary and appropriate to protect the interests of the 23 United States. 24 25 (4) COSTS 21:04 Sep 10, 2018 OF CONVEYANCE.—An entity to which a conveyance is made under this section shall g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 TO OBTAIN LEGAL DESCRIPTION.— Jkt 000000 (705684 4) PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 179 1 be responsible for all reasonable and necessary costs, 2 including real estate transaction and environmental 3 documentation costs, associated with the conveyance. 4 (5) LIABILITY.—An entity to which a convey- 5 ance is made under this section shall hold the 6 United States harmless from any liability with re- 7 spect to activities carried out, on or after the date 8 of the conveyance, on real property conveyed. The 9 United States shall remain responsible for any liabil- 10 ity with respect to activities carried out, before such 11 date, on the real property conveyed. 12 SEC. 1332. REPORT ON FUTURE WATER RESOURCES DEVEL- 13 14 OPMENT. (a) PROGRAMMATIC MODIFICATION.—Section 7001 15 of the Water Resources Reform and Development Act of 16 2014 (33 U.S.C. 2282d(a)) is amended— 17 (1) in subsection (a) by adding at the end the 18 following: 19 ‘‘(4) MODIFICATIONS.—Any 20 programmatic modification for an environmental in- 21 frastructure assistance program.’’; 22 (2) in subsection (b)(1) by striking ‘‘studies 23 and proposed modifications to authorized water re- 24 sources development projects and feasibility studies’’ 25 and inserting ‘‘studies, proposed modifications to au- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 PROGRAMMATIC 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 180 1 thorized water resources development projects and 2 feasibility studies, and proposed modifications for an 3 environmental infrastructure program’’; 4 (3) by redesignating subsections (d), (e), and 5 (f) as subsections (e), (f), and (g), respectively; 6 (4) by inserting after subsection (c) the fol- 7 lowing: 8 ‘‘(d) PROGRAMMATIC MODIFICATIONS IN ANNUAL 9 REPORT.—The Secretary shall include in the annual re10 port only proposed modifications for an environmental in11 frastructure assistance program that have not been in12 cluded in any previous annual report. For each proposed 13 modification, the Secretary shall include a letter or state14 ment of support for the proposed modification from each 15 associated non-Federal interest, description of assistance 16 provided, and total Federal cost of assistance provided.’’; 17 and 18 19 (5) by striking subsection (c)(4) and inserting the following: 20 ‘‘(4) APPENDIX.— 21 ‘‘(A) IN Secretary shall 22 include in the annual report an appendix listing 23 the proposals submitted under subsection (b) 24 that were not included in the annual report 25 under paragraph (1)(A) and a description of g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—The 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 181 1 why the Secretary determined that those pro- 2 posals did not meet the criteria for inclusion 3 under such paragraph. 4 ‘‘(B) LIMITATION.—In carrying out the ac- 5 tivities described in this section— 6 ‘‘(i) the Secretary shall not include 7 proposals in the appendix of the annual re- 8 port that otherwise meet the criteria for 9 inclusion in the annual report solely on the 10 basis of the Secretary’s determination that 11 the proposal requires legislative changes to 12 an authorized water resources development 13 project, feasibility study, or environmental 14 infrastructure program; and 15 ‘‘(ii) the Secretary shall not include 16 proposals in the appendix of the annual re- 17 port that otherwise meet the criteria for 18 inclusion in the annual report solely on the 19 basis of a policy of the Secretary.’’. 20 (b) SAVINGS CLAUSE.—Notwithstanding the third 21 sentence of section 1001(b)(2) of the Water Resources De22 velopment Act of 1986 (33 U.S.C. 579a(b)(2)), projects 23 and separable elements of projects identified in the fiscal 24 year 2017 report prepared in accordance with such section 25 and submitted to Congress on December 15, 2016, shall g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 182 1 not be deauthorized unless such projects and separable 2 elements meet the requirements of section 1301(b)(1)(A) 3 of the Water Resources Development Act of 2016 (130 4 Stat. 1687). Subtitle D—Water Resources Infrastructure 5 6 7 SEC. 1401. PROJECT AUTHORIZATIONS. 8 The following projects for water resources develop- 9 ment and conservation and other purposes, as identified 10 in the reports titled ‘‘Report to Congress on Future Water 11 Resources Development’’ submitted to Congress on March 12 17, 2017, and February 5, 2018, respectively, pursuant 13 to section 7001 of the Water Resources Reform and Devel14 opment Act of 2014 (33 U.S.C. 2282d) or otherwise re15 viewed by Congress are authorized to be carried out by 16 the Secretary substantially in accordance with the plans, 17 and subject to the conditions, described in the respective 18 reports or decision documents designated in this section: 19 (1) NAVIGATION.— A. State 1. AR g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 C. Date of Report of Chief of Engineers B. Name Three Rivers Southeast Arkansas September 6, 2018 D. Estimated Costs Total: $184,395,000 (to be derived 1⁄2 from the general fund of the Treasury and 1⁄2 from the Inland Waterways Trust Fund) (705684 4) PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 183 A. State San Juan Harbor August 23, 2018 Federal: $41,345,840 Non-Federal: $13,781,267 Total: $55,127,107 3. TX Galveston Harbor Channel Extension Project, Houston-Galveston Navigation Channels Aug. 8, 2017 Federal: $10,444,000 Non-Federal: $3,481,000 Total: $13,925,000 4. WA Seattle Harbor Navigation Improvement Project June 7, 2018 Federal: $29,362,000 Non-Federal: $31,880,000 Total: $61,242,000 (2) FLOOD A. State C. Date of Report of Chief of Engineers B. Name D. Estimated Costs Lower San Joaquin River July 31, 2018 Federal: $712,169,000 Non-Federal: $383,475,000 Total: $1,095,644,000 2. HI Ala Wai Canal Dec. 21, 2017 Federal: $212,754,000 Non-Federal: $114,560,000 Total: $327,313,000 3. NY MamaroneckSheldrake Rivers Dec. 14, 2017 Federal: $53,500,000 Non-Federal: $28,750,000 Total: $82,250,000 (3) HURRICANE AND STORM DAMAGE RISK RE- DUCTION.— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) 21:04 Sep 10, 2018 RISK MANAGEMENT.— 1. CA 2 VerDate 0ct 09 2002 D. Estimated Costs 2. PR 1 3 C. Date of Report of Chief of Engineers B. Name Jkt 000000 (705684 4) PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 184 A. State B. Name St. Johns County Aug. 8, 2017 Initial Federal: $5,873,283 Initial Non-Federal: $19,661,924 Initial Total: $25,535,207 Renourishment Federal: $9,751,788 Renourishment Non-Federal: $45,344,169 Renourishment Total: $55,095,957 2. FL St. Lucie County Dec. 15, 2017 Initial Federal: $7,239,497 Initial Non-Federal: $13,443,614 Initial Total: $20,683,110 Renourishment Federal: $9,093,999 Renourishment Non-Federal: $24,588,991 Renourishment Total: $33,682,990 3. TX Sabine Pass to Galveston Bay Dec. 7, 2017 Federal: $2,200,357,000 Non-Federal: $1,184,807,000 Total: $3,385,164,000 (4) FLOOD RISK 1. NM 3 C. Date of Report of Chief of Engineers B. Name Española Valley, Rio Grande May 11, 2018 (5) ECOSYSTEM g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) 21:04 Sep 10, 2018 MANAGEMENT AND ECO- SYSTEM RESTORATION.— A. State VerDate 0ct 09 2002 D. Estimated Initial Costs and Estimated Renourishment Costs 1. FL 1 2 C. Date of Report of Chief of Engineers Jkt 000000 D. Estimated Costs Federal: $55,602,266 Non-Federal: $7,637,764 Total: $63,240,030 RESTORATION.— (705684 4) PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 185 A. State 1. TX 1 Resacas, in the vicinity of the City of Brownsville September 6, 2018 (6) MODIFICATIONS A. State 2 C. Date of Report of Chief of Engineers B. Name Federal: $141,489,000 Non-Federal: $65,675,000 Total: $207,164,000 AND OTHER PROJECTS.— C. Date of Decision Document B. Name D. Estimated Costs D. Estimated Costs 1. GA Savannah Harbor Expansion Project Dec. 5, 2016 Federal: $731,700,000 Non-Federal: $287,200,000 Total: $1,018,900,000 2. MI Soo Locks, Sault Ste. Marie June 29, 2018 Federal: $922,432,000 Non-Federal: $0 Total: $922,432,000 3. TN Chickamauga Lock Replacement July 19, 2018 Total: $757,666,000 (to be derived 1⁄2 from the general fund of the Treasury and 1⁄2 from the Inland Waterways Trust Fund) SEC. 1402. SPECIAL RULES. 3 (a) ST. PAUL HARBOR, ALASKA.—Notwithstanding 4 section 2008(c) of the Water Resources Development Act 5 of 2007 (Public Law 110–114; 121 Stat. 1074), the 6 project for navigation, St. Paul Harbor, authorized by sec7 tion 101(b)(3) of the Water Resources Development Act 8 of 1996 (110 Stat. 3667), shall be cost-shared substan9 tially in accordance with the costs established by section 10 105 of the Energy and Water Development Appropriations 11 Act, 2003 (117 Stat. 139). g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 186 1 (b) ESPAÑOLA VALLEY, NEW MEXICO.—The Sec- 2 retary shall carry out the project for flood risk manage3 ment and ecosystem restoration, Española Valley, Rio 4 Grande and Tributaries, New Mexico, authorized by sec5 tion 1401(4) of this Act substantially in accordance with 6 terms and conditions described in the Report of the Chief 7 of Engineers, dated May 11, 2018, including, notwith8 standing section 2008(c) of the Water Resources Develop9 ment Act of 2007 (Public Law 110–114; 121 Stat. 1074), 10 the recommended cost share. 11 SEC. 1403. NORFOLK HARBOR AND CHANNELS, VIRGINIA. 12 (a) IN GENERAL.—The Secretary is authorized to 13 further improve the project for navigation, Norfolk Harbor 14 and Channels, Virginia, authorized by section 201 of the 15 Water Resources Development Act of 1986 (100 Stat. 16 4090), substantially in accordance with the plans, and 17 subject to the conditions, described in the Report of the 18 Chief of Engineers dated June 29, 2018. 19 (b) THIMBLE SHOAL CHANNEL WIDENING.—The 20 Secretary may carry out additional modifications to the 21 project described in subsection (a) that are identified in 22 the report titled ‘‘Report to Congress on Future Water 23 Resources Development’’ submitted to Congress on Feb24 ruary 5, 2018, pursuant to section 7001 of the Water Re- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 187 1 sources Reform and Development Act of 2014 (33 U.S.C. 2 2282d). 3 (c) MAXIMUM AUTHORIZED COST.—Notwithstanding 4 section 902(a)(2)(B) of the Water Resources Development 5 Act of 1986 (33 U.S.C. 2280(a)(2)(B)), the maximum au6 thorized cost for the project described in subsection (a) 7 shall not be modified for the improvements and modifica8 tions authorized by subsections (a) and (b). 10 TITLE II—DRINKING WATER SYSTEM IMPROVEMENT 11 SEC. 2001. INDIAN RESERVATION DRINKING WATER PRO- 9 12 13 GRAM. (a) IN GENERAL.—Subject to the availability of ap- 14 propriations, the Administrator of the Environmental Pro15 tection Agency shall carry out a program to implement— 16 (1) 10 eligible projects described in subsection 17 (b) that are within the Upper Missouri River Basin; 18 and 19 (2) 10 eligible projects described in subsection 20 (b) that are within the Upper Rio Grande Basin. 21 (b) ELIGIBLE PROJECTS.—A project eligible to par- 22 ticipate in the program under subsection (a) is a project— 23 (1) that is on a reservation (as defined in sec- 24 tion 3 of the Indian Financing Act of 1974 (25 g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 188 1 U.S.C. 1452)) that serves a federally recognized In- 2 dian Tribe; and 3 (2) the purpose of which is to connect, expand, 4 or repair an existing public water system, as defined 5 in section 1401(4) of the Safe Drinking Water Act 6 (42 U.S.C. 300f(4)), in order to improve water qual- 7 ity, water pressure, or water services. 8 (c) REQUIREMENT.—In carrying out the program 9 under subsection (a)(1), the Administrator of the Environ10 mental Protection Agency shall select not less than 1 eligi11 ble project for a reservation that serves more than 1 feder12 ally recognized Indian Tribe. 13 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 14 authorized to be appropriated to carry out the program 15 under subsection (a) $20,000,000 for each of fiscal years 16 2019 through 2022. 17 SEC. 2002. CLEAN, SAFE, RELIABLE WATER INFRASTRUC- 18 19 TURE. Section 1452(k) of the Safe Drinking Water Act (42 20 U.S.C. 300j–12(k)) is amended— 21 (1) in paragraph (1)(D), by inserting ‘‘and for 22 the implementation of efforts (other than actions au- 23 thorized under subparagraph (A)) to protect source 24 water in areas delineated pursuant to section 1453’’ 25 before the period at the end; and g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 189 1 (2) in paragraph (2)(E), by inserting ‘‘, and to 2 implement efforts to protect source water,’’ after 3 ‘‘wellhead protection programs’’. 4 SEC. 2003. STUDY ON INTRACTABLE WATER SYSTEMS. 5 Part E of the Safe Drinking Water Act (42 U.S.C. 6 300j et seq.) is amended by adding at the end the fol7 lowing: 8 ‘‘SEC. 1459C. STUDY ON INTRACTABLE WATER SYSTEMS. 9 10 ‘‘(a) DEFINITION TEM.—In OF INTRACTABLE WATER SYS- this section, the term ‘intractable water system’ 11 means a community water system or a noncommunity 12 water system— 13 ‘‘(1) that serves fewer than 1,000 individuals; 14 ‘‘(2) the owner or operator of which— 15 ‘‘(A) is unable or unwilling to provide safe 16 and adequate service to those individuals; 17 ‘‘(B) has abandoned or effectively aban- 18 doned the community water system or non- 19 community water system, as applicable; 20 ‘‘(C) has defaulted on a financial obliga- 21 tion relating to the community water system or 22 noncommunity water system, as applicable; or 23 ‘‘(D) fails to maintain the facilities of the 24 community water system or noncommunity g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 190 1 water system, as applicable, in a manner so as 2 to prevent a potential public health hazard; and 3 ‘‘(3) that is, as of the date of enactment of 4 America’s Water Infrastructure Act of 2018— 5 ‘‘(A) in significant noncompliance with this 6 Act or any regulation promulgated pursuant to 7 this Act; or 8 ‘‘(B) listed as having a history of signifi- 9 cant noncompliance with this title pursuant to 10 11 section 1420(b)(1). ‘‘(b) STUDY REQUIRED.— 12 ‘‘(1) IN later than 2 years 13 after the date of enactment of this section, the Ad- 14 ministrator, in consultation with the Secretary of 15 Agriculture and the Secretary of Health and Human 16 Services, shall complete a study that— 17 ‘‘(A) identifies intractable water systems; 18 and 19 ‘‘(B) describes barriers to delivery of pota- 20 ble water to individuals served by an intractable 21 water system. 22 ‘‘(2) REPORT TO CONGRESS.—Not later than 2 23 years after the date of enactment of this section, the 24 Administrator shall submit to Congress a report de- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—Not 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 191 1 scribing findings and recommendations based on the 2 study under this subsection.’’. 3 SEC. 2004. SENSE OF CONGRESS RELATING TO ACCESS TO 4 NONPOTABLE WATER. 5 It is the sense of Congress that— 6 (1) access to nonpotable water sources for in- 7 dustry can relieve the supply and demand challenges 8 for potable water in water-stressed regions through- 9 out the United States; and 10 (2) water users are encouraged to continue im- 11 plementing and incentivizing nonpotable water reuse 12 programs that will achieve greater water savings and 13 conservation needs. 14 SEC. 2005. DRINKING WATER INFRASTRUCTURE RESIL- 15 16 IENCE AND SUSTAINABILITY. Section 1459A of the Safe Drinking Water Act (42 17 U.S.C. 300j–19a) is amended— 18 19 (1) by redesignating subsection (j) as subsection (k); 20 (2) in subsection (k), as redesignated by para- 21 graph (1), by striking ‘‘this section’’ and inserting 22 ‘‘subsections (a) through (j) of this section’’; 23 (3) by inserting after subsection (i) the fol- 24 lowing: 25 ‘‘(j) STATE RESPONSE TO CONTAMINANTS.— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 192 1 Administrator may, 2 subject to the terms and conditions of this section, 3 issue a grant to a requesting State, on behalf of an 4 underserved community, so the State may assist in, 5 or otherwise carry out, necessary and appropriate 6 activities related to a contaminant— 7 ‘‘(A) that is determined by the State to— 8 ‘‘(i) be present in, or likely to enter 9 into, a public water system serving, or an 10 underground source of drinking water for, 11 such underserved community; and 12 ‘‘(ii) potentially present an imminent 13 and 14 health of persons; and 15 ‘‘(B) with respect to which the State deter- 16 mines appropriate authorities have not acted 17 sufficiently to protect the health of such per- 18 sons. 19 ‘‘(2) RECOVERY substantial endangerment OF FUNDS.—If, to the subsequent to 20 the Administrator’s award of a grant to a State 21 under this subsection, any person or entity (includ- 22 ing an eligible entity), is found by the Administrator 23 or a court of competent jurisdiction to have caused 24 or contributed to contamination that was detected as 25 a result of testing conducted, or treated, with funds g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—The ‘‘(1) IN 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 193 1 provided under this subsection, and such contamina- 2 tion violated a law administered by the Adminis- 3 trator, such person or entity shall, upon issuance of 4 a final judgment or settlement and the exhaustion of 5 all appellate and administrative remedies— 6 ‘‘(A) notify the Administrator in writing 7 not later than 30 days after such issuance of a 8 final judgment or settlement and the exhaustion 9 of all appellate and administrative remedies; 10 and 11 ‘‘(B) promptly pay the Administrator an 12 amount equal to the amount of such funds.’’; 13 and 14 (4) by adding at the end the following: 15 16 ‘‘(l) DRINKING WATER INFRASTRUCTURE RESILIENCE AND 17 ‘‘(1) RESILIENCE AND NATURAL HAZARD.—The 18 terms ‘resilience’ and ‘natural hazard’ have the 19 meaning given such terms in section 1433(h). 20 ‘‘(2) IN GENERAL.—The Administrator may es- 21 tablish and carry out a program, to be known as the 22 Drinking Water System Infrastructure Resilience 23 and Sustainability Program, under which the Ad- 24 ministrator, subject to the availability of appropria- 25 tions for such purpose, shall award grants in each g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 SUSTAINABILITY.— 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 194 1 of fiscal years 2019 and 2020 to eligible entities for 2 the purpose of increasing resilience to natural haz- 3 ards. 4 ‘‘(3) USE eligible entity may 5 only use grant funds received under this subsection 6 to assist in the planning, design, construction, imple- 7 mentation, operation, or maintenance of a program 8 or project that increases resilience to natural haz- 9 ards through— 10 ‘‘(A) the conservation of water or the en- 11 hancement of water use efficiency; 12 ‘‘(B) the modification or relocation of ex- 13 isting drinking water system infrastructure 14 made, or that is at risk of being, significantly 15 impaired by natural hazards, including risks to 16 drinking water from flooding; 17 ‘‘(C) the design or construction of desali- 18 nation facilities to serve existing communities; 19 ‘‘(D) the enhancement of water supply 20 through the use of watershed management and 21 source water protection; 22 ‘‘(E) the enhancement of energy efficiency 23 or the use and generation of renewable energy 24 in the conveyance or treatment of drinking 25 water; or g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 OF FUNDS.—An 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 195 1 ‘‘(F) the development and implementation 2 of measures to increase the resilience of the eli- 3 gible entity to natural hazards. 4 ‘‘(4) APPLICATION.—To seek a grant under this 5 subsection, the eligible entity shall submit to the Ad- 6 ministrator an application that— 7 ‘‘(A) includes a proposal of the program or 8 project to be planned, designed, constructed, 9 implemented, operated, or maintained by the el- 10 igible entity; 11 ‘‘(B) identifies the natural hazard risk to 12 be addressed by the proposed program or 13 project; 14 ‘‘(C) provides documentation prepared by a 15 Federal, State, regional, or local government 16 agency of the natural hazard risk to the area 17 where the proposed program or project is to be 18 located; 19 ‘‘(D) includes a description of any recent 20 natural hazard events that have affected the ap- 21 plicable water system; 22 ‘‘(E) includes a description of how the pro- 23 posed program or project would improve the 24 performance of the system under the antici- 25 pated natural hazards; and g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 196 1 ‘‘(F) explains how the proposed program 2 or project is expected to enhance the resilience 3 of the system to the anticipated natural haz- 4 ards. 5 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 6 There is authorized to be appropriated to carry out 7 this subsection $4,000,000 for each of fiscal years 8 2019 and 2020.’’. 9 SEC. 2006. VOLUNTARY SCHOOL AND CHILD CARE PRO- 10 GRAM LEAD TESTING GRANT PROGRAM EN- 11 HANCEMENT. 12 (a) VOLUNTARY SCHOOL AND CHILD CARE PROGRAM 13 LEAD TESTING GRANT PROGRAM ENHANCEMENT.—Sec14 tion 1464(d) of the Safe Drinking Water Act (42 U.S.C. 15 300j–24(d)) is amended— 16 17 (1) in paragraph (2), by adding at the end the following: 18 ‘‘(C) TECHNICAL car- 19 rying out the grant program under subpara- 20 graph (A), beginning not later than 1 year after 21 the date of enactment of America’s Water In- 22 frastructure Act of 2018, the Administrator 23 shall provide technical assistance to recipients 24 of grants under this subsection— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 ASSISTANCE.—In 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 197 1 ‘‘(i) to assist in identifying the source 2 of lead contamination in drinking water at 3 schools and child care programs under the 4 jurisdiction of the grant recipient; 5 ‘‘(ii) to assist in identifying and ap- 6 plying for other Federal and State grant 7 programs that may assist the grant recipi- 8 ent in eliminating lead contamination de- 9 scribed in clause (i); 10 ‘‘(iii) to provide information on other 11 financing options in eliminating lead con- 12 tamination described in clause (i); and 13 ‘‘(iv) to connect grant recipients with 14 nonprofit and other organizations that may 15 be able to assist with the elimination of 16 lead contamination described in clause 17 (i).’’; 18 19 (2) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively; 20 21 (3) by inserting after paragraph (3) the following paragraph: 22 ‘‘(4) PRIORITY.—In making grants under this 23 subsection, the Administrator shall give priority to 24 States and local educational agencies that will assist 25 in voluntary testing for lead contamination in drink- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 198 1 ing water at schools and child care programs that 2 are in low-income areas.’’; and 3 (4) in paragraph (8) (as redesignated by para- 4 graph (2) of this section)— 5 (A) by striking ‘‘is authorized’’ and insert- 6 ing ‘‘are authorized’’; and 7 (B) by striking ‘‘2021’’ and inserting 8 ‘‘2019, and $25,000,000 for each of fiscal years 9 2020 and 2021’’. 10 11 (b) DRINKING WATER FOUNTAIN REPLACEMENT FOR SCHOOLS.— 12 (1) IN GENERAL.—Part F of the Safe Drinking 13 Water Act (42 U.S.C. 300j–21 et seq.) is amended 14 by adding at the end the following: 15 ‘‘SEC. 1465. DRINKING WATER FOUNTAIN REPLACEMENT 16 17 FOR SCHOOLS. ‘‘(a) ESTABLISHMENT.—Not later than 1 year after 18 the date of enactment of this section, the Administrator 19 shall establish a grant program to provide assistance to 20 local educational agencies for the replacement of drinking 21 water fountains manufactured prior to 1988. 22 ‘‘(b) USE OF FUNDS.—Funds awarded under the 23 grant program— 24 25 ‘‘(1) shall be used to pay the costs of replacement of drinking water fountains in schools; and g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 199 1 ‘‘(2) may be used to pay the costs of monitoring 2 and reporting of lead levels in the drinking water of 3 schools of a local educational agency receiving such 4 funds, as determined appropriate by the Adminis- 5 trator. 6 ‘‘(c) PRIORITY.—In awarding funds under the grant 7 program, the Administrator shall give priority to local edu8 cational agencies based on economic need. 9 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 10 are authorized to be appropriated to carry out this section 11 $5,000,000 for each of fiscal years 2019 through 2021.’’. 12 (2) DEFINITIONS.—Section 1461(5) of the Safe 13 Drinking Water Act (42 U.S.C. 300j–21(5)) is 14 amended by inserting ‘‘or drinking water fountain’’ 15 after ‘‘water cooler’’ each place it appears. 16 SEC. 2007. INNOVATIVE WATER TECHNOLOGY GRANT PRO- 17 18 GRAM. (a) DEFINITIONS.—In this section: 19 (1) ADMINISTRATOR.—The term ‘‘Adminis- 20 trator’’ means the Administrator of the Environ- 21 mental Protection Agency. 22 23 (2) ELIGIBLE 21:04 Sep 10, 2018 term ‘‘eligible enti- ty’’ means— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 ENTITY.—The Jkt 000000 (705684 4) PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 200 1 (A) a public water system (as defined 2 under section 1401(4) of the Safe Drinking 3 Water Act (42 U.S.C. 300f(4))); 4 (B) an institution of higher education; 5 (C) a research institution or foundation; 6 (D) a regional water organization; or 7 (E) a nonprofit organization described in 8 section 1442(e)(8) of the Safe Drinking Water 9 Act (42 U.S.C. 300j–1(e)(8)). 10 (b) GRANT PROGRAM AUTHORIZED.—The Adminis- 11 trator shall carry out a grant program for the purpose 12 of accelerating the development and deployment of innova13 tive water technologies that address pressing drinking 14 water supply, quality, treatment, or security challenges of 15 public water systems, areas served by private wells, or 16 source waters. 17 (c) GRANTS.—In carrying out the program under 18 subsection (b), the Administrator shall make grants to eli19 gible entities— 20 21 (1) to develop, test, and deploy innovative water technologies; or 22 (2) to provide technical assistance to deploy 23 demonstrated innovative water technologies. 24 (d) SELECTION CRITERIA.—In making grants under 25 this section, the Administrator shall— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 201 1 (1) award grants through a competitive process 2 to eligible entities the Administrator determines are 3 best able to carry out the purpose of the program; 4 and 5 6 (2) give priority to projects that have the potential— 7 (A) to reduce ratepayer or community 8 costs or costs of future capital investments; 9 (B) to significantly improve human health 10 or the environment; or 11 (C) to provide additional drinking water 12 supplies with minimal environmental impact. 13 (e) COST-SHARING.—The Federal share of the cost 14 of activities carried out using a grant under this section 15 shall be not more than 65 percent. 16 (f) LIMITATION.—The maximum amount of a grant 17 under this section shall be $5,000,000. 18 (g) REPORT.—Each year, the Administrator shall 19 submit to Congress and make publicly available on the 20 website of the Administrator a report that describes any 21 advancements during the previous year in development of 22 innovative water technologies made as a result of funding 23 provided under this section. 24 (h) PARTNERSHIPS.—Grants awarded under this 25 program may include projects that are carried out by an g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 202 1 eligible entity in cooperation with a private entity, includ2 ing a farmer, farmer cooperative, or manufacturer of 3 water technologies. 4 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 5 authorized to be appropriated to carry out this section 6 $10,000,000 for each of fiscal years 2019 and 2020. 7 SEC. 2008. IMPROVED CONSUMER CONFIDENCE REPORTS. 8 Section 1414(c)(4) of the Safe Drinking Water Act 9 (42 U.S.C. 300g–3(c)(4)) is amended— 10 (1) in the heading for subparagraph (A), by 11 striking ‘‘ANNUAL 12 PORTS’’; 13 14 and inserting ‘‘RE- (2) in subparagraph (A), by inserting ‘‘, or provide by electronic means,’’ after ‘‘to mail’’; 15 (3) in subparagraph (B)— 16 (A) in clause (iv), by striking ‘‘the Admin- 17 istrator, and’’ and inserting ‘‘the Administrator, 18 including corrosion control efforts, and’’; and 19 (B) by adding at the end the following 20 clause: 21 ‘‘(vii) Identification of, if any— 22 ‘‘(I) exceedances described in 23 paragraph (1)(D) for which corrective 24 action has been required by the Ad- 25 ministrator or the State (in the case g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 REPORTS’’ 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 203 1 of a State exercising primary enforce- 2 ment responsibility for public water 3 systems) during the monitoring period 4 covered by the consumer confidence 5 report; and 6 ‘‘(II) violations that occurred 7 during the monitoring period covered 8 by the consumer confidence report.’’; 9 and 10 11 (4) by adding at the end the following new subparagraph: 12 ‘‘(F) REVISIONS.— 13 ‘‘(i) UNDERSTANDABILITY 14 QUENCY.—Not 15 the date of enactment of America’s Water 16 Infrastructure Act of 2018, the Adminis- 17 trator, in consultation with the parties 18 identified in subparagraph (A), shall issue 19 revisions to the regulations issued under 20 subparagraph (A)— 21 later than 24 months after ‘‘(I) to increase— 22 ‘‘(aa) the readability, clarity, 23 and understandability of the in- 24 formation presented in consumer 25 confidence reports; and g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 AND FRE- 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 204 1 ‘‘(bb) the accuracy of infor- 2 mation presented, and risk com- 3 munication, in consumer con- 4 fidence reports; and 5 ‘‘(II) with respect to community 6 water systems that serve 10,000 or 7 more persons, to require each such 8 community water system to provide, 9 by mail, electronic means, or other 10 methods described in clause (ii), a 11 consumer confidence report to each 12 customer of the system at least bian- 13 nually. 14 ‘‘(ii) ELECTRONIC 15 revision of regulations pursuant to clause 16 (i) shall allow delivery of consumer con- 17 fidence reports by methods consistent with 18 methods described in the memorandum 19 ‘Safe Drinking Water Act–Consumer Con- 20 fidence Report Rule Delivery Options’ 21 issued by the Environmental Protection 22 Agency on January 3, 2013.’’. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 DELIVERY.—Any 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 205 1 SEC. 2009. CONTRACTUAL AGREEMENTS. 2 (a) IN GENERAL.—Section 1414(h)(1) of the Safe 3 Drinking Water Act (42 U.S.C. 300g–3(h)(1)) is amend4 ed— 5 (1) in subparagraph (B), by striking ‘‘or’’ after 6 the semicolon; 7 (2) in subparagraph (C), by striking the period 8 at the end and inserting ‘‘; or’’; and 9 (3) by adding at the end the following new sub- 10 paragraph: 11 ‘‘(D) entering into a contractual agreement 12 for significant management or administrative 13 functions of the system to correct violations 14 identified in the plan.’’. 15 (b) TECHNICAL AMENDMENT.—Section 1414(i)(1) of 16 the Safe Drinking Water Act (42 U.S.C. 300g–3(i)(1)) is 17 amended by inserting a comma after ‘‘1417’’. 18 SEC. 2010. ADDITIONAL CONSIDERATIONS FOR COMPLI- 19 20 ANCE. (a) MANDATORY ASSESSMENT.—Subsection (h) of 21 section 1414 of the Safe Drinking Water Act (42 U.S.C. 22 300g–3) is amended by adding at the end the following: 23 24 ‘‘(3) AUTHORITY MANDATORY ASSESS- MENT.— 25 ‘‘(A) AUTHORITY.—A State with primary 26 enforcement responsibility or the Administrator g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 FOR 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 206 1 (if the State does not have primary enforcement 2 responsibility) may require the owner or oper- 3 ator of a public water system to assess options 4 for consolidation, or transfer of ownership of 5 the system, as described in paragraph (1), or 6 other actions expected to achieve compliance 7 with national primary drinking water regula- 8 tions described in clause (i)(I), if— 9 ‘‘(i) the public water system— 10 ‘‘(I) has repeatedly violated one 11 or more national primary drinking 12 water regulations and such repeated 13 violations are likely to adversely affect 14 human health; and 15 ‘‘(II)(aa) is unable or unwilling 16 to take feasible and affordable ac- 17 tions, as determined by the State with 18 primary enforcement responsibility or 19 the Administrator (if the State does 20 not have primary enforcement respon- 21 sibility), that will result in the public 22 water system complying with the na- 23 tional primary drinking water regula- 24 tions described in subclause (I), in- 25 cluding accessing technical assistance g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 207 1 and financial assistance through the 2 State loan fund pursuant to section 3 1452; or 4 ‘‘(bb) has already undertaken ac- 5 tions described in item (aa) without 6 achieving compliance; 7 ‘‘(ii) such consolidation, transfer, or 8 other action is feasible; and 9 ‘‘(iii) such consolidation, transfer, or 10 other action could result in greater compli- 11 ance with national primary drinking water 12 regulations. 13 ‘‘(B) TAILORING 14 quirements for any assessment to be conducted 15 pursuant to subparagraph (A) shall be tailored 16 with respect to the size, type, and characteris- 17 tics, of the public water system to be assessed. 18 ‘‘(C) APPROVED ENTITIES.—An assess- 19 ment conducted pursuant to subparagraph (A) 20 may be conducted by an entity approved by the 21 State requiring such assessment (or the Admin- 22 istrator, if the State does not have primary en- 23 forcement responsibility), which may include 24 such State (or the Administrator, as applica- 25 ble), the public water system, or a third party. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 OF ASSESSMENTS.—Re- 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 208 1 ‘‘(D) BURDEN is 2 the sense of Congress that any assessment re- 3 quired pursuant to subparagraph (A) should 4 not be overly burdensome on the public water 5 system that is assessed. 6 ‘‘(4) FINANCIAL ASSISTANCE.—Notwith- 7 standing section 1452(a)(3), a public water system 8 undertaking consolidation or transfer of ownership 9 or other actions pursuant to an assessment com- 10 pleted under paragraph (3) may receive a loan de- 11 scribed in section 1452(a)(2)(A) to carry out such 12 consolidation, transfer, or other action. 13 14 ‘‘(5) PROTECTION OF NONRESPONSIBLE SYS- TEM.— 15 ‘‘(A) IDENTIFICATION 16 ‘‘(i) IN OF LIABILITIES.— GENERAL.—An owner or oper- 17 ator of a public water system that submits 18 a plan pursuant to paragraph (1) based on 19 an assessment conducted with respect to 20 such public water system under paragraph 21 (3) shall identify as part of such plan— 22 ‘‘(I) any potential and existing li- 23 ability for penalties and damages aris- 24 ing from each specific violation identi- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 OF ASSESSMENTS.—It 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 209 1 fied in the plan of which the owner or 2 operator is aware; and 3 ‘‘(II) any funds or other assets 4 that are available to satisfy such li- 5 ability, as of the date of submission of 6 such plan, to the public water system 7 that committed such violation. 8 ‘‘(ii) INCLUSION.—In carrying out 9 clause (i), the owner or operator shall take 10 reasonable steps to ensure that all poten- 11 tial and existing liabilities for penalties and 12 damages arising from each specific viola- 13 tion identified in the plan are identified. 14 ‘‘(B) RESERVATION public 15 water system that, consistent with the findings 16 of an assessment conducted pursuant to para- 17 graph (3), has completed the actions under a 18 plan submitted and approved pursuant to this 19 subsection shall not be liable under this title for 20 a violation of this title identified in the plan, ex- 21 cept to the extent to which funds or other as- 22 sets are identified pursuant to subparagraph 23 (A)(i)(II) as available to satisfy such liability. 24 ‘‘(6) REGULATIONS.—Not later than 2 years 25 after the date of enactment of America’s Water In- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 OF FUNDS.—A 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 210 1 frastructure Act of 2018, the Administrator shall 2 promulgate regulations to implement paragraphs 3 (3), (4), and (5).’’. 4 (b) RETENTION 5 THORITY.— 6 (1) IN GENERAL.—Section 1413(a) of the Safe 7 Drinking Water Act (42 U.S.C. 300g–2(a)) is 8 amended— 9 (A) in paragraph (5), by striking ‘‘; and’’ 10 and inserting a semicolon; 11 (B) by redesignating paragraph (6) as 12 paragraph (7); and 13 (C) by inserting after paragraph (5) the 14 following new paragraph: 15 ‘‘(6) has adopted and is implementing proce- 16 dures for requiring public water systems to assess 17 options for consolidation or transfer of ownership or 18 other actions in accordance with the regulations 19 issued 20 1414(h)(6); and’’. 21 by (2) the Administrator CONFORMING under section AMENDMENT.—Section 22 1413(b)(1) of the Safe Drinking Water Act (42 23 U.S.C. 300g–2(b)(1)) is amended by striking ‘‘of 24 paragraphs (1), (2), (3), and (4)’’. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 PRIMARY ENFORCEMENT AU- OF 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 211 1 SEC. 2011. IMPROVED ACCURACY AND AVAILABILITY OF 2 3 COMPLIANCE MONITORING DATA. Section 1414 of the Safe Drinking Water Act (42 4 U.S.C. 300g–3) is amended by adding at the end the fol5 lowing new subsection: 6 ‘‘(j) IMPROVED ACCURACY AND AVAILABILITY OF 7 COMPLIANCE MONITORING DATA.— 8 ‘‘(1) STRATEGIC later than 1 year 9 after the date of enactment of this subsection, the 10 Administrator, in coordination with States (including 11 States without primary enforcement responsibility 12 under section 1413), public water systems, and other 13 interested stakeholders, shall develop and provide to 14 Congress a strategic plan for improving the accuracy 15 and availability of monitoring data collected to dem- 16 onstrate compliance with national primary drinking 17 water regulations and submitted— 18 ‘‘(A) by public water systems to States; or 19 ‘‘(B) by States to the Administrator. 20 ‘‘(2) EVALUATION.—In developing the strategic 21 plan under paragraph (1), the Administrator shall 22 evaluate any challenges faced— 23 ‘‘(A) in ensuring the accuracy and integ- 24 rity of submitted data described in paragraph 25 (1); g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 PLAN.—Not 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 212 1 ‘‘(B) by States and public water systems in 2 implementing an electronic system for submit- 3 ting such data, including the technical and eco- 4 nomic feasibility of implementing such a sys- 5 tem; and 6 ‘‘(C) by users of such electronic systems in 7 being able to access such data. 8 ‘‘(3) FINDINGS 9 10 Administrator shall include in the strategic plan provided to Congress under paragraph (1)— 11 ‘‘(A) a summary of the findings of the 12 evaluation under paragraph (2); and 13 ‘‘(B) recommendations on practicable, cost- 14 effective methods and means that can be em- 15 ployed to improve the accuracy and availability 16 of submitted data described in paragraph (1). 17 ‘‘(4) CONSULTATION.—In developing the stra- 18 tegic plan under paragraph (1), the Administrator 19 may, as appropriate, consult with States or other 20 Federal agencies that have experience using prac- 21 ticable methods and means to improve the accuracy 22 and availability of submitted data described in such 23 paragraph.’’. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 AND RECOMMENDATIONS.—The 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 213 1 SEC. 2012. ASSET MANAGEMENT. 2 Section 1420 of the Safe Drinking Water Act (42 3 U.S.C. 300g–9) is amended— 4 (1) in subsection (c)(2)— 5 (A) in subparagraph (D), by striking ‘‘; 6 and’’ and inserting a semicolon; 7 (B) in subparagraph (E), by striking the 8 period at the end and inserting ‘‘; and’’; and 9 (C) by adding at the end the following new 10 subparagraph: 11 ‘‘(F) a description of how the State will, as 12 appropriate— 13 ‘‘(i) encourage development by public 14 water systems of asset management plans 15 that include best practices for asset man- 16 agement; and 17 ‘‘(ii) assist, including through the pro- 18 vision of technical assistance, public water 19 systems in training operators or other rel- 20 evant and appropriate persons in imple- 21 menting such asset management plans.’’; 22 (2) in subsection (c)(3), by inserting ‘‘, includ- 23 ing efforts of the State to encourage development by 24 public water systems of asset management plans and 25 to assist public water systems in training relevant 26 and appropriate persons in implementing such asset g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 214 1 management plans’’ after ‘‘public water systems in 2 the State’’; and 3 (3) in subsection (d), by adding at the end the 4 following new paragraph: 5 ‘‘(5) INFORMATION ON ASSET MANAGEMENT 6 PRACTICES.—Not 7 of enactment of this paragraph, and not less often 8 than every 5 years thereafter, the Administrator 9 shall review and, if appropriate, update educational 10 materials, including handbooks, training materials, 11 and technical information, made available by the Ad- 12 ministrator to owners, managers, and operators of 13 public water systems, local officials, technical assist- 14 ance providers (including nonprofit water associa- 15 tions), and State personnel concerning best practices 16 for asset management strategies that may be used 17 by public water systems.’’. 18 later than 5 years after the date SEC. 2013. COMMUNITY WATER SYSTEM RISK AND RESIL- 19 IENCE. 20 (a) IN GENERAL.—Section 1433 of the Safe Drink- 21 ing Water Act (42 U.S.C. 300i–2) is amended to read as 22 follows: 23 ‘‘SEC. 1433. COMMUNITY WATER SYSTEM RISK AND RESIL- 24 25 IENCE. ‘‘(a) RISK AND RESILIENCE ASSESSMENTS.— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 215 1 ‘‘(1) IN community water sys- 2 tem serving a population of greater than 3,300 per- 3 sons shall conduct an assessment of the risks to, and 4 resilience of, its system. Such an assessment— 5 ‘‘(A) shall include an assessment of— 6 ‘‘(i) the risk to the system from ma- 7 levolent acts and natural hazards; 8 ‘‘(ii) the resilience of the pipes and 9 constructed conveyances, physical barriers, 10 source water, water collection and intake, 11 pretreatment, treatment, storage and dis- 12 tribution facilities, electronic, computer, or 13 other automated systems (including the se- 14 curity of such systems) which are utilized 15 by the system; 16 ‘‘(iii) the monitoring practices of the 17 system; 18 ‘‘(iv) the financial infrastructure of 19 the system; 20 ‘‘(v) the use, storage, or handling of 21 various chemicals by the system; and 22 ‘‘(vi) the operation and maintenance 23 of the system; and g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—Each 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00215 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 216 1 ‘‘(B) may include an evaluation of capital 2 and operational needs for risk and resilience 3 management for the system. 4 ‘‘(2) BASELINE Adminis- 5 trator, not later than August 1, 2019, after con- 6 sultation with appropriate departments and agencies 7 of the Federal Government and with State and local 8 governments, shall provide baseline information on 9 malevolent acts of relevance to community water sys- 10 tems, which shall include consideration of acts that 11 may— 12 ‘‘(A) substantially disrupt the ability of the 13 system to provide a safe and reliable supply of 14 drinking water; or 15 ‘‘(B) otherwise present significant public 16 health or economic concerns to the community 17 served by the system. 18 ‘‘(3) CERTIFICATION.— 19 ‘‘(A) CERTIFICATION.—Each community 20 water system described in paragraph (1) shall 21 submit to the Administrator a certification that 22 the system has conducted an assessment com- 23 plying with paragraph (1). Such certification 24 shall be made prior to— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 INFORMATION.—The 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 217 1 ‘‘(i) March 31, 2020, in the case of 2 systems serving a population of 100,000 or 3 more; 4 ‘‘(ii) December 31, 2020, in the case 5 of systems serving a population of 50,000 6 or more but less than 100,000; and 7 ‘‘(iii) June 30, 2021, in the case of 8 systems serving a population greater than 9 3,300 but less than 50,000. 10 ‘‘(B) REVIEW com- 11 munity water system described in paragraph (1) 12 shall review the assessment of such system con- 13 ducted under such paragraph at least once 14 every 5 years after the applicable deadline for 15 submission of its certification under subpara- 16 graph (A) to determine whether such assess- 17 ment should be revised. Upon completion of 18 such a review, the community water system 19 shall submit to the Administrator a certification 20 that the system has reviewed its assessment 21 and, if applicable, revised such assessment. 22 ‘‘(4) CONTENTS OF CERTIFICATIONS.—A cer- 23 tification required under paragraph (3) shall contain 24 only— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 AND REVISION.—Each 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 218 1 ‘‘(A) information that identifies the com- 2 munity water system submitting the certifi- 3 cation; 4 ‘‘(B) the date of the certification; and 5 ‘‘(C) a statement that the community 6 water system has conducted, reviewed, or re- 7 vised the assessment, as applicable. 8 ‘‘(5) PROVISION TO OTHER ENTITIES.—No 9 community water system shall be required under 10 State or local law to provide an assessment de- 11 scribed in this section (or revision thereof) to any 12 State, regional, or local governmental entity solely 13 by reason of the requirement set forth in paragraph 14 (3) that the system submit a certification to the Ad- 15 ministrator. 16 ‘‘(b) EMERGENCY RESPONSE PLAN.—Each commu- 17 nity water system serving a population greater than 3,300 18 shall prepare or revise, where necessary, an emergency re19 sponse plan that incorporates findings of the assessment 20 conducted under subsection (a) for such system (and any 21 revisions thereto). Each community water system shall 22 certify to the Administrator, as soon as reasonably pos23 sible after the date of enactment of America’s Water In24 frastructure Act of 2018, but not later than 6 months 25 after completion of the assessment under subsection (a), g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 219 1 that the system has completed such plan. The emergency 2 response plan shall include— 3 ‘‘(1) strategies and resources to improve the re- 4 silience of the system, including the physical security 5 and cybersecurity of the system; 6 ‘‘(2) plans and procedures that can be imple- 7 mented, and identification of equipment that can be 8 utilized, in the event of a malevolent act or natural 9 hazard that threatens the ability of the community 10 water system to deliver safe drinking water; 11 ‘‘(3) actions, procedures, and equipment which 12 can obviate or significantly lessen the impact of a 13 malevolent act or natural hazard on the public 14 health and the safety and supply of drinking water 15 provided to communities and individuals, including 16 the development of alternative source water options, 17 relocation of water intakes, and construction of flood 18 protection barriers; and 19 ‘‘(4) strategies that can be used to aid in the 20 detection of malevolent acts or natural hazards that 21 threaten the security or resilience of the system. 22 ‘‘(c) COORDINATION.—Community water systems 23 shall, to the extent possible, coordinate with existing local 24 emergency planning committees established pursuant to 25 the Emergency Planning and Community Right-To-Know g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 220 1 Act of 1986 (42 U.S.C. 11001 et seq.) when preparing 2 or revising an assessment or emergency response plan 3 under this section. 4 ‘‘(d) RECORD MAINTENANCE.—Each community 5 water system shall maintain a copy of the assessment con6 ducted under subsection (a) and the emergency response 7 plan prepared under subsection (b) (including any revised 8 assessment or plan) for 5 years after the date on which 9 a certification of such assessment or plan is submitted to 10 the Administrator under this section. 11 12 ‘‘(e) GUIDANCE TEMS.—The TO SMALL PUBLIC WATER SYS- Administrator shall provide guidance and 13 technical assistance to community water systems serving 14 a population of less than 3,300 persons on how to conduct 15 resilience assessments, prepare emergency response plans, 16 and address threats from malevolent acts and natural haz17 ards that threaten to disrupt the provision of safe drinking 18 water or significantly affect the public health or signifi19 cantly affect the safety or supply of drinking water pro20 vided to communities and individuals. 21 22 ‘‘(f) ALTERNATIVE PREPAREDNESS ATIONAL 23 24 21:04 Sep 10, 2018 OPER- RESILIENCE PROGRAMS.— ‘‘(1) SATISFACTION OF REQUIREMENT.—A community water system that is required to comply g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 AND Jkt 000000 (705684 4) PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 221 1 with the requirements of subsections (a) and (b) 2 may satisfy such requirements by— 3 ‘‘(A) using and complying with technical 4 standards that the Administrator has recog- 5 nized under paragraph (2); and 6 ‘‘(B) submitting to the Administrator a 7 certification that the community water system 8 is complying with subparagraph (A). 9 ‘‘(2) AUTHORITY 10 with section 12(d) of the National Technology 11 Transfer and Advancement Act of 1995, the Admin- 12 istrator shall recognize technical standards that are 13 developed or adopted by third-party organizations or 14 voluntary consensus standards bodies that carry out 15 the objectives or activities required by this section as 16 a means of satisfying the requirements under sub- 17 section (a) or (b). 18 ‘‘(g) TECHNICAL ASSISTANCE AND GRANTS.— 19 ‘‘(1) IN GENERAL.—The Administrator shall es- 20 tablish and implement a program, to be known as 21 the Drinking Water Infrastructure Risk and Resil- 22 ience Program, under which the Administrator may 23 award grants in each of fiscal years 2020 and 2021 24 to owners or operators of community water systems g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 TO RECOGNIZE.—Consistent 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00221 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 222 1 for the purpose of increasing the resilience of such 2 community water systems. 3 ‘‘(2) USE a condition on receipt 4 of a grant under this section, an owner or operator 5 of a community water system shall agree to use the 6 grant funds exclusively to assist in the planning, de- 7 sign, construction, or implementation of a program 8 or project consistent with an emergency response 9 plan prepared pursuant to subsection (b), which may 10 include— 11 ‘‘(A) the purchase and installation of 12 equipment for detection of drinking water con- 13 taminants or malevolent acts; 14 ‘‘(B) the purchase and installation of fenc- 15 ing, gating, lighting, or security cameras; 16 ‘‘(C) the tamper-proofing of manhole cov- 17 ers, fire hydrants, and valve boxes; 18 ‘‘(D) the purchase and installation of im- 19 proved treatment technologies and equipment to 20 improve the resilience of the system; 21 ‘‘(E) improvements to electronic, computer, 22 financial, or other automated systems and re- 23 mote systems; 24 ‘‘(F) participation in training programs, 25 and the purchase of training manuals and guid- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 OF FUNDS.—As 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 223 1 ance materials, relating to security and resil- 2 ience; 3 ‘‘(G) improvements in the use, storage, or 4 handling of chemicals by the community water 5 system; 6 ‘‘(H) security screening of employees or 7 contractor support services; 8 ‘‘(I) equipment necessary to support emer- 9 gency power or water supply, including standby 10 and mobile sources; and 11 ‘‘(J) the development of alternative source 12 water options, relocation of water intakes, and 13 construction of flood protection barriers. 14 ‘‘(3) EXCLUSIONS.—A grant under this sub- 15 section may not be used for personnel costs, or for 16 monitoring, operation, or maintenance of facilities, 17 equipment, or systems. 18 ‘‘(4) TECHNICAL each fiscal 19 year, the Administrator may use not more than 20 $5,000,000 from the funds made available to carry 21 out this subsection to provide technical assistance to 22 community water systems to assist in responding to 23 and alleviating a vulnerability that would substan- 24 tially disrupt the ability of the system to provide a 25 safe and reliable supply of drinking water (including g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 ASSISTANCE.—For 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00223 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 224 1 sources of water for such systems) which the Admin- 2 istrator determines to present an immediate and ur- 3 gent need. 4 ‘‘(5) GRANTS each 5 fiscal year, the Administrator may use not more 6 than $10,000,000 from the funds made available to 7 carry out this subsection to make grants to commu- 8 nity water systems serving a population of less than 9 3,300 persons, or nonprofit organizations receiving 10 assistance under section 1442(e), for activities and 11 projects undertaken in accordance with the guidance 12 provided to such systems under subsection (e) of this 13 section. 14 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 15 To carry out this subsection, there are authorized to 16 be appropriated $25,000,000 for each of fiscal years 17 2020 and 2021. 18 ‘‘(h) DEFINITIONS.—In this section— 19 ‘‘(1) the term ‘resilience’ means the ability of a 20 community water system or an asset of a community 21 water system to adapt to or withstand the effects of 22 a malevolent act or natural hazard without interrup- 23 tion to the asset’s or system’s function, or if the 24 function is interrupted, to rapidly return to a normal 25 operating condition; and g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 FOR SMALL SYSTEMS.—For 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 225 1 ‘‘(2) the term ‘natural hazard’ means a natural 2 event that threatens the functioning of a community 3 water system, including an earthquake, tornado, 4 flood, hurricane, wildfire, and hydrologic changes.’’. 5 (b) SENSITIVE INFORMATION.— 6 (1) PROTECTION FROM DISCLOSURE.—Informa- 7 tion submitted to the Administrator of the Environ- 8 mental Protection Agency pursuant to section 1433 9 of the Safe Drinking Water Act, as in effect on the 10 day before the date of enactment of America’s Water 11 Infrastructure Act of 2018, shall be protected from 12 disclosure in accordance with the provisions of such 13 section as in effect on such day. 14 (2) DISPOSAL.—The Administrator, in partner- 15 ship with community water systems (as defined in 16 section 1401 of the Safe Drinking Water Act), shall 17 develop a strategy to, in a timeframe determined ap- 18 propriate by the Administrator, securely and perma- 19 nently dispose of, or return to the applicable commu- 20 nity water system, any information described in 21 paragraph (1). 22 SEC. 2014. AUTHORIZATION FOR GRANTS FOR STATE PRO- 23 24 GRAMS. Section 1443(a)(7) of the Safe Drinking Water Act 25 (42 U.S.C. 300j–2(a)(7)) is amended by striking g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00225 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 226 1 ‘‘$100,000,000 for each of fiscal years 1997 through 2 2003’’ and inserting ‘‘$125,000,000 for each of fiscal 3 years 2020 and 2021’’. 4 SEC. 2015. STATE REVOLVING LOAN FUNDS. 5 (a) USE OF FUNDS.—Section 1452(a)(2)(B) of the 6 Safe Drinking Water Act (42 U.S.C. 300j–12(a)(2)(B)) 7 is amended by striking ‘‘(including expenditures for plan8 ning, design, and associated preconstruction activities, in9 cluding activities relating to the siting of the facility, but 10 not’’ and inserting ‘‘(including expenditures for planning, 11 design, siting, and associated preconstruction activities, or 12 for replacing or rehabilitating aging treatment, storage, 13 or distribution facilities of public water systems, but not’’. 14 (b) PREVAILING WAGES.—Section 1452(a) of the 15 Safe Drinking Water Act (42 U.S.C. 300j–12(a)) is fur16 ther amended by adding at the end the following: 17 ‘‘(5) PREVAILING WAGES.—The requirements of 18 section 1450(e) shall apply to any construction 19 project carried out in whole or in part with assist- 20 ance made available by a State loan fund.’’. 21 (c) ASSISTANCE 22 NITIES.—Section FOR DISADVANTAGED COMMU- 1452(d)(2) of the Safe Drinking Water 23 Act (42 U.S.C. 300j–12(d)(2)) is amended to read as fol24 lows: g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 227 1 ‘‘(2) TOTAL AMOUNT OF SUBSIDIES.—For each 2 fiscal year, of the amount of the capitalization grant 3 received by the State for the year, the total amount 4 of loan subsidies made by a State pursuant to para- 5 graph (1)— 6 ‘‘(A) may not exceed 35 percent; and 7 ‘‘(B) to the extent that there are sufficient 8 applications for loans to communities described 9 in paragraph (1), may not be less than 6 per- 10 cent.’’. 11 (d) TYPES OF ASSISTANCE.—Section 1452(f)(1) of 12 the Safe Drinking Water Act (42 U.S.C. 300j–12(f)(1)) 13 is amended— 14 15 (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; 16 17 (2) by inserting after subparagraph (B) the following new subparagraph: 18 ‘‘(C) each loan will be fully amortized not 19 later than 30 years after the completion of the 20 project, except that in the case of a disadvan- 21 taged community (as defined in subsection 22 (d)(3)) a State may provide an extended term 23 for a loan, if the extended term— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 228 1 ‘‘(i) terminates not later than the date 2 that is 40 years after the date of project 3 completion; and 4 ‘‘(ii) does not exceed the expected de- 5 sign life of the project;’’; and 6 (3) in subparagraph (B), by striking ‘‘1 year 7 after completion of the project for which the loan 8 was made’’ and all that follows through ‘‘design life 9 of the project;’’ and inserting ‘‘18 months after com- 10 pletion of the project for which the loan was made;’’. 11 (e) NEEDS SURVEY.—Section 1452(h) of the Safe 12 Drinking Water Act (42 U.S.C. 300j–12(h)) is amended— 13 14 (1) by striking ‘‘The Administrator’’ and inserting ‘‘(1) The Administrator’’; and 15 (2) by adding at the end the following new 16 paragraph: 17 ‘‘(2) Any assessment conducted under paragraph (1) 18 after the date of enactment of America’s Water Infra19 structure Act of 2018 shall include an assessment of costs 20 to replace all lead service lines (as defined in section 21 1459B(a)(4)) of all eligible public water systems in the 22 United States, and such assessment shall describe sepa23 rately the costs associated with replacing the portions of 24 such lead service lines that are owned by an eligible public 25 water system and the costs associated with replacing any g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 229 1 remaining portions of such lead service lines, to the extent 2 practicable.’’. 3 (f) OTHER AUTHORIZED ACTIVITIES.—Section 4 1452(k)(1)(C) of the Safe Drinking Water Act (42 U.S.C. 5 300j–12(k)(1)(C)) is amended by striking ‘‘for fiscal years 6 1996 and 1997 to delineate and assess source water pro7 tection areas in accordance with section 1453’’ and insert8 ing ‘‘to delineate, assess, and update assessments for 9 source water protection areas in accordance with section 10 1453’’. 11 (g) BEST PRACTICES FOR ADMINISTRATION OF 12 STATE REVOLVING LOAN FUNDS.—Section 1452 of the 13 Safe Drinking Water Act (42 U.S.C. 300j–12) is amended 14 by adding after subsection (r) the following: 15 16 ‘‘(s) BEST PRACTICES MINISTRATION.—The STATE LOAN FUND AD- Administrator shall— 17 ‘‘(1) collect information from States on admin- 18 istration of State loan funds established pursuant to 19 subsection (a)(1), including— 20 ‘‘(A) efforts to streamline the process for 21 applying for assistance through such State loan 22 funds; 23 ‘‘(B) programs in place to assist with the 24 completion 25 through such State loan funds; g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 FOR 21:04 Sep 10, 2018 Jkt 000000 of applications for assistance (705684 4) PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 230 1 ‘‘(C) incentives provided to public water 2 systems that partner with small public water 3 systems to assist with the application process 4 for assistance through such State loan funds; 5 ‘‘(D) practices to ensure that amounts in 6 such State loan funds are used to provide loans, 7 loan guarantees, or other authorized assistance 8 in a timely fashion; 9 ‘‘(E) practices that support effective man- 10 agement of such State loan funds; 11 ‘‘(F) practices and tools to enhance finan- 12 cial management of such State loan funds; and 13 ‘‘(G) key financial measures for use in 14 evaluating State loan fund operations, includ- 15 ing— 16 ‘‘(i) measures of lending capacity, 17 such as current assets and current liabil- 18 ities or undisbursed loan assistance liabil- 19 ity; and 20 ‘‘(ii) measures of growth or sustain- 21 ability, such as return on net interest; 22 ‘‘(2) not later than 3 years after the date of en- 23 actment of America’s Water Infrastructure Act of 24 2018, disseminate to the States best practices for 25 administration of such State loan funds, based on g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 231 1 the information collected pursuant to this sub- 2 section; and 3 ‘‘(3) periodically update such best practices, as 4 5 appropriate.’’. SEC. 2016. AUTHORIZATION FOR SOURCE WATER PETITION 6 PROGRAMS. 7 Section 1454(e) of the Safe Drinking Water Act (42 8 U.S.C. 300j–14(e)) is amended by striking ‘‘1997 through 9 2003’’ and inserting ‘‘2020 through 2021’’. 10 SEC. 2017. REVIEW OF TECHNOLOGIES. 11 Part E of the Safe Drinking Water Act (42 U.S.C. 12 300j et seq.) is further amended by adding at the end the 13 following new section: 14 ‘‘SEC. 1459D. REVIEW OF TECHNOLOGIES. 15 ‘‘(a) REVIEW.—The Administrator, after consultation 16 with appropriate departments and agencies of the Federal 17 Government and with State and local governments, shall 18 review (or enter into contracts or cooperative agreements 19 to provide for a review of) existing and potential methods, 20 means, equipment, and technologies (including review of 21 cost, availability, and efficacy of such methods, means, 22 equipment, and technologies) that— 23 24 ‘‘(1) ensure the physical integrity of community water systems; g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 232 1 ‘‘(2) prevent, detect, and respond to any con- 2 taminant for which a national primary drinking 3 water regulation has been promulgated in commu- 4 nity water systems and source water for community 5 water systems; 6 7 ‘‘(3) allow for use of alternate drinking water supplies from nontraditional sources; and 8 9 10 ‘‘(4) facilitate source water assessment and protection. ‘‘(b) INCLUSIONS.—The review under subsection (a) 11 shall include review of methods, means, equipment, and 12 technologies— 13 ‘‘(1) that are used for corrosion protection, me- 14 tering, leak detection, or protection against water 15 loss; 16 ‘‘(2) that are intelligent systems, including 17 hardware, software, or other technology, used to as- 18 sist in protection and detection described in para- 19 graph (1); 20 21 ‘‘(3) that are point-of-use devices or point-ofentry devices; 22 ‘‘(4) that are physical or electronic systems that 23 monitor, or assist in monitoring, contaminants in 24 drinking water in real-time; and g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 233 1 ‘‘(5) that allow for the use of nontraditional 2 sources for drinking water, including physical sepa- 3 ration and chemical and biological transformation 4 technologies. 5 ‘‘(c) AVAILABILITY.—The Administrator shall make 6 the results of the review under subsection (a) available to 7 the public. 8 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 9 is authorized to be appropriated to the Administrator to 10 carry out this section $10,000,000 for fiscal year 2019, 11 which shall remain available until expended.’’. 12 SEC. 2018. SOURCE WATER. 13 14 (a) ADDRESSING SOURCE WATER USED ING FOR DRINK- WATER.—Section 304 of the Emergency Planning 15 and Community Right-To-Know Act of 1986 (42 U.S.C. 16 11004) is amended— 17 (1) in subsection (b)(1), by striking ‘‘State 18 emergency planning commission’’ and inserting 19 ‘‘State emergency response commission’’; and 20 (2) by adding at the end the following new sub- 21 section: 22 ‘‘(e) ADDRESSING SOURCE WATER USED FOR 23 DRINKING WATER.— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 234 1 ‘‘(1) APPLICABLE 2 TION.—A 3 shall— State emergency response commission 4 ‘‘(A) promptly notify the applicable State 5 agency of any release that requires notice under 6 subsection (a); 7 ‘‘(B) provide to the applicable State agency 8 the information identified in subsection (b)(2); 9 and 10 ‘‘(C) provide to the applicable State agency 11 a written followup emergency notice in accord- 12 ance with subsection (c). 13 ‘‘(2) COMMUNITY 14 WATER SYSTEM NOTIFICA- TION.— 15 ‘‘(A) IN GENERAL.—An applicable State 16 agency receiving notice of a release under para- 17 graph (1) shall— 18 ‘‘(i) promptly forward such notice to 19 any community water system the source 20 waters of which are affected by the release; 21 ‘‘(ii) forward to the community water 22 system the information provided under 23 paragraph (1)(B); and g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 STATE AGENCY NOTIFICA- 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00234 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 235 1 ‘‘(iii) forward to the community water 2 system the written followup emergency no- 3 tice provided under paragraph (1)(C). 4 ‘‘(B) DIRECT NOTIFICATION.—In the case 5 of a State that does not have an applicable 6 State agency, the State emergency response 7 commission shall provide the notices and infor- 8 mation described in paragraph (1) directly to 9 any community water system the source waters 10 of which are affected by a release that requires 11 notice under subsection (a). 12 ‘‘(3) DEFINITIONS.—In this subsection: 13 ‘‘(A) COMMUNITY WATER SYSTEM.—The 14 term ‘community water system’ has the mean- 15 ing given such term in section 1401(15) of the 16 Safe Drinking Water Act. 17 ‘‘(B) APPLICABLE STATE AGENCY.—The 18 term ‘applicable State agency’ means the State 19 agency that has primary responsibility to en- 20 force the requirements of the Safe Drinking 21 Water Act in the State.’’. 22 23 (b) AVAILABILITY TEMS.—Section TO COMMUNITY WATER SYS- 312(e) of the Emergency Planning and 24 Community Right-To-Know Act of 1986 (42 U.S.C. 25 11022(e)) is amended— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 236 1 (1) in paragraph (1), by striking ‘‘State emer- 2 gency planning commission’’ and inserting ‘‘State 3 emergency response commission’’; and 4 5 (2) by adding at the end the following new paragraph: 6 7 ‘‘(4) AVAILABILITY TEMS.— 8 ‘‘(A) IN GENERAL.—An affected commu- 9 nity water system may have access to tier II in- 10 formation by submitting a request to the State 11 emergency response commission or the local 12 emergency planning committee. Upon receipt of 13 a request for tier II information, the State com- 14 mission or local committee shall, pursuant to 15 paragraph (1), request the facility owner or op- 16 erator for the tier II information and make 17 available such information to the affected com- 18 munity water system. 19 ‘‘(B) DEFINITION.—In this paragraph, the 20 term ‘affected community water system’ means 21 a community water system (as defined in sec- 22 tion 1401(15) of the Safe Drinking Water Act) 23 that receives supplies of drinking water from a 24 source water area, delineated under section 25 1453 of the Safe Drinking Water Act, in which g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 TO COMMUNITY WATER SYS- 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 237 1 a facility that is required to prepare and submit 2 an inventory form under subsection (a)(1) is lo- 3 cated.’’. 4 SEC. 2019. REPORT ON FEDERAL CROSS-CUTTING RE- 5 6 QUIREMENTS. (a) REPORT.—Not later than one year after the date 7 of enactment of this Act, the Comptroller General shall 8 submit to Congress a report containing the results of a 9 study, to be conducted in consultation with the Adminis10 trator of the Environmental Protection Agency, any State 11 agency that has primary responsibility to enforce the re12 quirements of the Safe Drinking Water Act (42 U.S.C. 13 300f et seq.) in a State, and public water systems, to iden14 tify demonstrations of compliance with a State or local en15 vironmental law that may be substantially equivalent to 16 any demonstration required by the Administrator for com17 pliance with a Federal cross-cutting requirement. 18 (b) DEFINITIONS.—In this subsection: 19 (1) FEDERAL 20 The 21 means a requirement of a Federal law or regulation, 22 compliance with which is a condition on receipt of a 23 loan or loan guarantee pursuant to section 1452 of 24 the Safe Drinking Water Act (42 U.S.C. 300j–12), 25 that, if applied with respect to projects and activities g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 CROSS-CUTTING REQUIREMENT.— 21:04 Sep 10, 2018 Jkt 000000 term ‘‘Federal cross-cutting requirement’’ (705684 4) PO 00000 Frm 00237 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 238 1 for which a public water system receives such a loan 2 or loan guarantee, would be substantially equivalent 3 to a requirement of an applicable State or local law. 4 (2) PUBLIC term ‘‘public 5 water system’’ has the meaning given that term in 6 section 1401 of the Safe Drinking Water Act (42 7 U.S.C. 300f). 8 SEC. 2020. ASSISTANCE FOR AREAS AFFECTED BY NATURAL 9 10 DISASTERS. (a) DEFINITIONS.—In this section: 11 (1) COMMUNITY WATER SYSTEM.—The term 12 ‘‘community water system’’ has the meaning given 13 such term in section 1401(15) of the Safe Drinking 14 Water Act (42 U.S.C. 300f(15)). 15 (2) ELIGIBLE STATE.—The term ‘‘eligible 16 State’’ means a State, as defined in section 17 1401(13)(B) of the Safe Drinking Water Act (42 18 U.S.C. 300f(13)(B)). 19 20 (3) ELIGIBLE SYSTEM.—The term ‘‘eligible sys- tem’’ means a community water system— 21 (A) that serves an area for which, after 22 January 1, 2017, the President under the Rob- 23 ert T. Stafford Disaster Relief and Emergency 24 Assistance Act (42 U.S.C. 5121 et seq.)— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 WATER SYSTEM.—The 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 239 1 (i) has issued a major disaster dec- 2 laration; and 3 (ii) provided disaster assistance; or 4 (B) that is capable of extending its potable 5 drinking water service into an underserved 6 area. 7 (4) NATIONAL 8 ULATION.—The 9 water regulation’’ means a national primary drink- 10 ing water regulation under section 1412 of the Safe 11 Drinking Water Act (42 U.S.C. 300g–1). 12 term ‘‘national primary drinking (5) UNDERSERVED AREA.—The term ‘‘under- 13 served area’’ means a geographic area in an eligible 14 State that— 15 (A) is served by a community water system 16 serving fewer than 50,000 persons where deliv- 17 ery of, or access to, potable water is or was dis- 18 rupted; and 19 (B) received disaster assistance pursuant 20 21 to a declaration described in paragraph 3(A). (b) STATE REVOLVING LOAN FUND ASSISTANCE.— 22 (1) IN GENERAL.—An eligible State may use 23 funds provided pursuant to subsection (d)(1) to pro- 24 vide assistance to an eligible system within the eligi- 25 ble State for the purpose of restoring or increasing g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 PRIMARY DRINKING WATER REG- 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00239 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 240 1 compliance with national primary drinking water 2 regulations in an underserved area. 3 (2) INCLUSION.— 4 (A) ADDITIONAL SUBSIDIZATION.—With 5 respect to assistance provided under paragraph 6 (1), an eligible system shall be eligible to receive 7 loans with additional subsidization (including 8 forgiveness of principal, negative-interest loans, 9 or grants (or any combination thereof)) for the 10 purpose described in paragraph (1). 11 (B) NONDESIGNATION.—Assistance pro- 12 vided under paragraph (1) may include addi- 13 tional subsidization, as described in subpara- 14 graph (A), even if the service area of the eligi- 15 ble system has not been designated by the ap- 16 plicable eligible State as a disadvantaged com- 17 munity pursuant to section 1452(d)(3) of the 18 Safe Drinking Water Act (42 U.S.C. 300j– 19 12(d)(3)). 20 (c) EXCLUSION.—Assistance provided under this sec- 21 tion shall not include assistance for a project that is fi22 nanced (directly or indirectly), in whole or in part, with 23 proceeds of any obligation issued after the date of enact24 ment of this Act the interest of which is exempt from the g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00240 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 241 1 tax imposed under chapter 1 of the Internal Revenue Code 2 of 1986. 3 (d) NONDUPLICATION OF WORK.—An activity car- 4 ried out pursuant to this section shall not duplicate the 5 work or activity of any other Federal or State department 6 or agency. 7 8 (e) ADDITIONAL DRINKING WATER STATE REVOLVING FUND CAPITALIZATION GRANTS.— 9 (1) IN is authorized to be 10 appropriated to the Administrator of the Environ- 11 mental Protection Agency $100,000,000 to provide 12 additional capitalization grants pursuant to section 13 1452 of the Safe Drinking Water Act (42 U.S.C. 14 300j–12) to eligible States, to be available— 15 (A) for a period of 24 months beginning on 16 the date on which the funds are made available 17 for the purpose described in subsection (b)(1); 18 and 19 (B) after the end of such 24-month period, 20 until expended for the purpose described in 21 paragraph (3) of this subsection. 22 (2) SUPPLEMENTED 23 INTENDED USE PLANS.— (A) OBLIGATION OF AMOUNTS.—Not later 24 than 30 days after the date on which an eligible 25 State submits to the Administrator a supple- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—There 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00241 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 242 1 mental intended use plan under section 1452(b) 2 of the Safe Drinking Water Act (42 U.S.C. 3 300j–12(b)), from funds made available under 4 paragraph (1), the Administrator shall obligate 5 to such eligible State such amounts as are ap- 6 propriate to address the needs identified in such 7 supplemental intended use plan for the purpose 8 described in subsection (b)(1). 9 (B) PLANS.—A supplemental intended use 10 plan described in subparagraph (A) shall in- 11 clude information regarding projects to be fund- 12 ed using the assistance provided under sub- 13 section (b)(1), including, with respect to each 14 such project— 15 (i) a description of the project; 16 (ii) an explanation of the means by 17 which the project will restore or improve 18 compliance with national primary drinking 19 water regulations in an underserved area; 20 (iii) the estimated cost of the project; 21 and 22 (iv) the projected start date for the 23 project. 24 25 (3) UNOBLIGATED 21:04 Sep 10, 2018 amounts made available to the Administrator under para- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 AMOUNTS.—Any Jkt 000000 (705684 4) PO 00000 Frm 00242 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 243 1 graph (1) that are unobligated on the date that is 2 24 months after the date on which the amounts are 3 made available shall be available for the purpose of 4 providing additional grants to States to capitalize 5 State loan funds as provided under section 1452 of 6 the Safe Drinking Water Act (42 U.S.C. 300j–12). 7 (4) APPLICABILITY.— 8 (A) IN as otherwise 9 provided in this section, all requirements of the 10 Safe Drinking Water Act (42 U.S.C. 300f et 11 seq.) shall apply to funding provided under this 12 section. 13 (B) INTENDED USE PLANS.—Section 14 1452(b)(1) of the Safe Drinking Water Act (42 15 U.S.C. 300j–12(b)(1)) shall not apply to a sup- 16 plemental intended use plan under paragraph 17 (2). 18 (C) STATE CONTRIBUTION.—For amounts 19 authorized to be appropriated under paragraph 20 (1), the matching requirements in section 21 1452(e) of the Safe Drinking Water Act (42 22 U.S.C. 300j–12(e)) shall not apply to any funds 23 provided to the Commonwealth of Puerto Rico 24 under this section. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—Except 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00243 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 244 1 SEC. 2021. MONITORING FOR UNREGULATED CONTAMI- 2 3 NANTS. (a) IN GENERAL.—Section 1445 of the Safe Drink- 4 ing Water Act (42 U.S.C. 300j–4) is amended by adding 5 at the end the following: 6 ‘‘(j) MONITORING BY CERTAIN SYSTEMS.— 7 ‘‘(1) IN subsection 8 (a)(2)(A), the Administrator shall, subject to the 9 availability of appropriations for such purpose— 10 ‘‘(A) require public water systems serving 11 between 3,300 and 10,000 persons to monitor 12 for unregulated contaminants in accordance 13 with this section; and 14 ‘‘(B) ensure that only a representative 15 sample of public water systems serving fewer 16 than 3,300 persons are required to monitor. 17 ‘‘(2) EFFECTIVE DATE.—Paragraph (1) shall 18 take effect 3 years after the date of enactment of 19 this subsection. 20 ‘‘(3) LIMITATION.—Paragraph (1) shall take ef- 21 fect unless the Administrator determines that there 22 is not sufficient laboratory capacity to accommodate 23 the analysis necessary to carry out monitoring re- 24 quired under such paragraph. 25 26 ‘‘(4) LIMITATION 21:04 Sep 10, 2018 ON ENFORCEMENT.—The Ad- ministrator may not enforce a requirement to mon- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—Notwithstanding Jkt 000000 (705684 4) PO 00000 Frm 00244 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 245 1 itor pursuant to paragraph (1) with respect to any 2 public water system serving fewer than 3,300 per- 3 sons, including by subjecting such a public water 4 system to any civil penalty. 5 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 6 There 7 $15,000,000 in each fiscal year for which monitoring 8 is required to be carried out under this subsection 9 for the Administrator to pay the reasonable cost of 10 such testing and laboratory analysis as are necessary 11 to carry out monitoring required under this sub- 12 section.’’. 13 (b) AUTHORIZATION are authorized OF to be appropriated APPROPRIATIONS.—Section 14 1445(a)(2)(H) of the Safe Drinking Water Act (42 U.S.C. 15 300j–4(a)(2)(H)) is amended by striking ‘‘1997 through 16 2003’’ and inserting ‘‘2019 through 2021’’. 17 (c) INCLUSION IN DATA BASE.—Section 1445(g)(7) 18 of the Safe Drinking Water Act (42 U.S.C. 300j–4(g)(7)) 19 is amended by— 20 21 (1) striking ‘‘and’’ at the end of subparagraph (B); 22 23 (2) redesignating subparagraph (C) as subparagraph (D); and 24 25 (3) inserting after subparagraph (B) the following: g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00245 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 246 1 ‘‘(C) if applicable, monitoring information 2 collected by public water systems pursuant to 3 subsection (j) that is not duplicative of moni- 4 toring information included in the data base 5 under subparagraph (B) or (D); and’’. 6 SEC. 2022. AMERICAN IRON AND STEEL PRODUCTS. 7 Section 1452(a)(4)(A) of the Safe Drinking Water 8 Act (42 U.S.C. 300j–12(a)(4)(A)) is amended by striking 9 ‘‘fiscal year 2017’’ and inserting ‘‘fiscal years 2019 10 through 2023’’. 11 SEC. 2023. AUTHORIZATION FOR CAPITALIZATION GRANTS 12 TO STATES FOR STATE DRINKING WATER 13 TREATMENT REVOLVING LOAN FUNDS. 14 Section 1452(m) of the Safe Drinking Water Act (42 15 U.S.C. 300j–12(m)) is amended— 16 17 (1) by striking the first sentence and inserting the following: 18 19 ‘‘(1) There are authorized to be appropriated to carry out the purposes of this section— 20 ‘‘(A) $1,174,000,000 for fiscal year 2019; 21 ‘‘(B) $1,300,000,000 for fiscal year 2020; 22 and 23 ‘‘(C) 24 21:04 Sep 10, 2018 for fiscal year 2021.’’; g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 $1,950,000,000 Jkt 000000 (705684 4) PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 247 1 (2) by striking ‘‘To the extent amounts author- 2 ized to be’’ and inserting the following: 3 ‘‘(2) To the extent amounts authorized to be’’; 4 and 5 (3) by striking ‘‘(prior to the fiscal year 6 2004)’’. 7 TITLE III—ENERGY 8 SEC. 3001. MODERNIZING AUTHORIZATIONS FOR NEC- 9 10 ESSARY HYDROPOWER APPROVALS. (a) PRELIMINARY PERMITS.—Section 5 of the Fed- 11 eral Power Act (16 U.S.C. 798) is amended— 12 13 (1) in subsection (a), by striking ‘‘three’’ and inserting ‘‘4’’; and 14 (2) in subsection (b)— 15 (A) by striking ‘‘Commission may extend 16 the period of a preliminary permit once for not 17 more than 2 additional years beyond the 3 18 years’’ and inserting the following: ‘‘Commis- 19 sion may— 20 ‘‘(1) extend the period of a preliminary permit 21 once for not more than 4 additional years beyond 22 the 4 years’’; 23 (B) by striking the period at the end and 24 inserting ‘‘; and’’; and 25 (C) by adding at the end the following: g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00247 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 248 1 ‘‘(2) after the end of an extension period grant- 2 ed under paragraph (1), issue an additional permit 3 to the permittee if the Commission determines that 4 there are extraordinary circumstances that warrant 5 the issuance of the additional permit.’’. 6 (b) TIME LIMIT FOR CONSTRUCTION OF PROJECT 7 WORKS.—Section 13 of the Federal Power Act (16 U.S.C. 8 806) is amended in the second sentence by striking ‘‘once 9 but not longer than two additional years’’ and inserting 10 ‘‘for not more than 8 additional years,’’. 11 (c) OBLIGATION FOR PAYMENT OF ANNUAL 12 CHARGES.—Any obligation of a licensee or exemptee for 13 the payment of annual charges under section 10(e) of the 14 Federal Power Act (16 U.S.C. 803(e)) for a project that 15 has not commenced construction as of the date of enact16 ment of this Act shall commence not earlier than the latest 17 of— 18 (1) the date by which the licensee or exemptee 19 is required to commence construction; or 20 (2) the date of any extension of the deadline 21 22 under paragraph (1). SEC. 3002. QUALIFYING CONDUIT HYDROPOWER FACILI- 23 24 TIES. Section 30(a) of the Federal Power Act (16 U.S.C. 25 823a(a)) is amended— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 249 1 (1) in paragraph (2)(C), by striking ‘‘45 days’’ 2 and inserting ‘‘30 days’’; and 3 (2) in paragraph (3)(C)(ii), by striking ‘‘5’’ and 4 inserting ‘‘40’’. 5 SEC. 3003. PROMOTING HYDROPOWER DEVELOPMENT AT 6 EXISTING NONPOWERED DAMS. 7 Part I of the Federal Power Act (16 U.S.C. 792 et 8 seq.) is amended by adding at the end the following: 9 ‘‘SEC. 34. PROMOTING HYDROPOWER DEVELOPMENT AT 10 EXISTING NONPOWERED DAMS. 11 ‘‘(a) EXPEDITED LICENSING PROCESS 12 FEDERAL HYDROPOWER PROJECTS 13 POWERED DAMS.— 14 ‘‘(1) IN NON- EXISTING NON- provided in this section, 15 the Commission may issue and amend licenses, as 16 appropriate, for any facility the Commission deter- 17 mines is a qualifying facility. 18 ‘‘(2) RULE.—Not later than 180 days after the 19 date of enactment of this section, the Commission 20 shall issue a rule establishing an expedited process 21 for issuing and amending licenses for qualifying fa- 22 cilities under this section. 23 ‘‘(3) INTERAGENCY TASK FORCE.— 24 ‘‘(A) In establishing the expedited process 25 under this section, the Commission shall con- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—As AT FOR 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00249 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 250 1 vene an interagency task force, with appropriate 2 Federal and State agencies and Indian tribes 3 represented, to coordinate the regulatory proc- 4 esses associated with the authorizations re- 5 quired to construct and operate a qualifying fa- 6 cility. 7 ‘‘(B) The task force shall develop proce- 8 dures that are consistent with subsection 9 (e)(1)(E) to seek to ensure that, for projects li- 10 censed pursuant to this section, the Commission 11 and appropriate Federal and State agencies and 12 Indian tribes shall exercise their authorities in 13 a manner that, to the extent practicable, will 14 not result in any material change to the stor- 15 age, release, or flow operations of the associated 16 nonpowered dam existing at the time an appli- 17 cant files its license application. 18 ‘‘(4) LENGTH Commission 19 shall seek to ensure that the expedited process under 20 this section will result in a final decision on an ap- 21 plication for a license by not later than 2 years after 22 receipt of a completed application for the license. 23 ‘‘(b) DAM SAFETY.— 24 ‘‘(1) ASSESSMENT.—Before issuing any license 25 for a qualifying facility, the Commission shall assess g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 OF PROCESS.—The 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00250 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 251 1 the safety of existing non-Federal dams and other 2 non-Federal structures related to the qualifying fa- 3 cility (including possible consequences associated 4 with failure of such structures). 5 ‘‘(2) REQUIREMENTS.—In issuing any license 6 for a qualifying facility at a non-federal dam, the 7 Commission shall ensure that the Commission’s dam 8 safety requirements apply to such qualifying facility, 9 and the associated qualifying nonpowered dam, over 10 the term of such license. 11 ‘‘(c) INTERAGENCY COMMUNICATIONS.—Interagency 12 cooperation in the preparation of environmental docu13 ments under the National Environmental Policy Act of 14 1969 (42 U.S.C. 4321 et seq.) with respect to an applica15 tion for a license for a qualifying facility under this sec16 tion, and interagency communications relating to licensing 17 process coordination pursuant to this section, shall not— 18 19 ‘‘(1) be considered to be ex parte communications under Commission rules; or 20 ‘‘(2) preclude an agency from participating in a 21 licensing proceeding under this part, providing that 22 any agency participating as a party in a licensing 23 proceeding under this part shall, to the extent prac- 24 ticable, demonstrate a separation of staff cooper- 25 ating with the Commission under the National Envi- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00251 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 252 1 ronmental Policy Act (42 U.S.C. 4321 et seq.) and 2 staff participating in the applicable proceeding under 3 this part. 4 ‘‘(d) IDENTIFICATION OF NONPOWERED DAMS FOR 5 HYDROPOWER DEVELOPMENT.— 6 ‘‘(1) IN later than 12 months 7 after the date of enactment of this section, the Com- 8 mission, with the Secretary of the Army, the Sec- 9 retary of the Interior, and the Secretary of Agri- 10 culture, shall jointly develop a list of existing non- 11 powered Federal dams that the Commission and the 12 Secretaries agree have the greatest potential for 13 non-Federal hydropower development. 14 ‘‘(2) CONSIDERATIONS.—In developing the list 15 under paragraph (1), the Commission and the Secre- 16 taries may consider the following: 17 ‘‘(A) The compatibility of hydropower gen- 18 eration with existing purposes of the dam. 19 ‘‘(B) The proximity of the dam to existing 20 transmission resources. 21 ‘‘(C) The existence of studies to charac- 22 terize environmental, cultural, and historic re- 23 sources relating to the dam. 24 ‘‘(D) The effects of hydropower develop- 25 ment on release or flow operations of the dam. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—Not 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00252 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 253 1 ‘‘(3) AVAILABILITY.—The Commission shall— 2 ‘‘(A) provide the list developed under para- 3 graph (1) to— 4 ‘‘(i) the Committee on Energy and 5 Commerce, the Committee on Transpor- 6 tation and Infrastructure, and the Com- 7 mittee on Natural Resources, of the House 8 of Representatives; and 9 ‘‘(ii) the Committee on Environment 10 and Public Works, and the Committee on 11 Energy and Natural Resources, of the Sen- 12 ate; and 13 ‘‘(B) make such list available to the public. 14 ‘‘(e) DEFINITIONS.—For purposes of this section: 15 16 ‘‘(1) QUALIFYING term ‘quali- fying criteria’ means, with respect to a facility— 17 ‘‘(A) as of the date of enactment of this 18 section, the facility is not licensed under, or ex- 19 empted from the license requirements contained 20 in, this part; 21 ‘‘(B) the facility will be associated with a 22 qualifying nonpowered dam; 23 ‘‘(C) the facility will be constructed, oper- 24 ated, and maintained for the generation of elec- 25 tric power; g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 CRITERIA.—The 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00253 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 254 1 ‘‘(D) the facility will use for such genera- 2 tion any withdrawals, diversions, releases, or 3 flows from the associated qualifying nonpow- 4 ered dam, including its associated impoundment 5 or other infrastructure; and 6 ‘‘(E) the operation of the facility will not 7 result in any material change to the storage, re- 8 lease, or flow operations of the associated quali- 9 fying nonpowered dam. 10 ‘‘(2) QUALIFYING term ‘quali- 11 fying facility’ means a facility that is determined 12 under this section to meet the qualifying criteria. 13 ‘‘(3) QUALIFYING NONPOWERED DAM.—The 14 term ‘qualifying nonpowered dam’ means any dam, 15 dike, embankment, or other barrier— 16 ‘‘(A) the construction of which was com- 17 pleted on or before the date of enactment of 18 this section; 19 ‘‘(B) that is or was operated for the con- 20 trol, release, or distribution of water for agri- 21 cultural, municipal, navigational, industrial, 22 commercial, environmental, recreational, aes- 23 thetic, drinking water, or flood control pur- 24 poses; and g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 FACILITY.—The 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 255 1 ‘‘(C) that, as of the date of enactment of 2 this section, is not generating electricity with 3 hydropower generating works that are licensed 4 under, or exempted from the license require- 5 ments contained in, this part. 6 ‘‘(f) SAVINGS CLAUSE.—Nothing in this section af- 7 fects— 8 ‘‘(1) any authority of the Commission to license 9 a facility at a nonpowered dam under this part; and 10 ‘‘(2) any authority of the Commission to issue 11 an exemption to a small hydroelectric power project 12 under the Public Utility Regulatory Policies Act of 13 1978.’’. 14 SEC. 3004. CLOSED-LOOP PUMPED STORAGE PROJECTS. 15 Part I of the Federal Power Act (16 U.S.C. 792 et 16 seq.), as amended, is further amended by adding at the 17 end the following: 18 ‘‘SEC. 35. CLOSED-LOOP PUMPED STORAGE PROJECTS. 19 20 ‘‘(a) EXPEDITED LICENSING PROCESS LOOP CLOSED- PUMPED STORAGE PROJECTS.— 21 ‘‘(1) IN GENERAL.—As provided in this section, 22 the Commission may issue and amend licenses, as 23 appropriate, for closed-loop pumped storage projects. 24 ‘‘(2) RULE.—Not later than 180 days after the 25 date of enactment of this section, the Commission g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 FOR 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 256 1 shall issue a rule establishing an expedited process 2 for issuing and amending licenses for closed-loop 3 pumped storage projects under this section. 4 ‘‘(3) INTERAGENCY TASK FORCE.—In estab- 5 lishing the expedited process under this section, the 6 Commission shall convene an interagency task force, 7 with appropriate Federal and State agencies and In- 8 dian tribes represented, to coordinate the regulatory 9 processes associated with the authorizations required 10 to construct and operate closed-loop pumped storage 11 projects. 12 ‘‘(4) LENGTH OF PROCESS.—The Commission 13 shall seek to ensure that the expedited process under 14 this section will result in final decision on an appli- 15 cation for a license by not later than 2 years after 16 receipt of a completed application for such license. 17 ‘‘(b) DAM SAFETY.—Before issuing any license for 18 a closed-loop pumped storage project, the Commission 19 shall assess the safety of existing dams and other struc20 tures related to the project (including possible con21 sequences associated with failure of such structures). 22 ‘‘(c) EXCEPTIONS FROM OTHER REQUIREMENTS.— 23 ‘‘(1) IN issuing or amending a 24 license for a closed-loop pumped storage project pur- 25 suant to the expedited process established under this g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—In 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00256 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 257 1 section, the Commission may grant an exception 2 from any other requirement of this part with respect 3 to any part of the closed-loop pumped storage 4 project (not including any dam or other impound- 5 ment). 6 ‘‘(2) CONSULTATION.—In granting an exception 7 under paragraph (1), the Commission shall consult 8 with the United States Fish and Wildlife Service, 9 the National Marine Fisheries Service, and the State 10 agency exercising administration over the fish and 11 wildlife resources of the State in which the closed- 12 loop pumped storage project is or will be located, in 13 the manner provided by the Fish and Wildlife Co- 14 ordination Act (16 U.S.C. 661 et seq.). 15 ‘‘(3) TERMS granting an 16 exception under paragraph (1), the Commission shall 17 include in any such exception— 18 ‘‘(A) such terms and conditions as the 19 United States Fish and Wildlife Service, the 20 National Marine Fisheries Service, and the 21 State agency described in paragraph (2) each 22 determine are appropriate to prevent loss of, or 23 damage to, fish and wildlife resources and to 24 otherwise carry out the purposes of the Fish 25 and Wildlife Coordination Act; and g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 AND CONDITIONS.—In 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 258 1 ‘‘(B) such terms and conditions as the 2 Commission deems appropriate to ensure that 3 such closed-loop pumped storage project con- 4 tinues to comply with the provisions of this sec- 5 tion and terms and conditions included in any 6 such exception. 7 ‘‘(4) FEES.—The Commission, in addition to 8 the requirements of section 10(e), shall establish 9 fees which shall be paid by an applicant for a license 10 for a closed-loop pumped storage project that is re- 11 quired to meet terms and conditions set by fish and 12 wildlife agencies under paragraph (3). Such fees 13 shall be adequate to reimburse the fish and wildlife 14 agencies referred to in paragraph (3) for any reason- 15 able costs incurred in connection with any studies or 16 other reviews carried out by such agencies for pur- 17 poses of compliance with this section. The fees shall, 18 subject to annual appropriations Acts, be transferred 19 to such agencies by the Commission for use solely 20 for purposes of carrying out such studies and shall 21 remain available until expended. 22 ‘‘(d) TRANSFERS.—Notwithstanding section 5, and 23 regardless of whether the holder of a preliminary permit 24 for a closed-loop pumped storage project claimed munic25 ipal preference under section 7(a) when obtaining the per- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00258 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 259 1 mit, on request by a municipality, the Commission may, 2 to facilitate development of a closed-loop pumped storage 3 project— 4 5 ‘‘(1) add entities as joint permittees following issuance of a preliminary permit; and 6 ‘‘(2) transfer a license in part to one or more 7 nonmunicipal entities as co-licensees with a munici- 8 pality, if the municipality retains majority ownership 9 of the project for which the license was issued. 10 ‘‘(e) INTERAGENCY COMMUNICATIONS.—Interagency 11 cooperation in the preparation of environmental docu12 ments under the National Environmental Policy Act of 13 1969 (42 U.S.C. 4321 et seq.) with respect to an applica14 tion for a license for a closed-loop pumped storage project 15 submitted pursuant to this section, and interagency com16 munications relating to licensing process coordination pur17 suant to this section, shall not— 18 19 ‘‘(1) be considered to be ex parte communications under Commission rules; or 20 ‘‘(2) preclude an agency from participating in a 21 licensing proceeding under this part, providing that 22 any agency participating as a party in a licensing 23 proceeding under this part shall, to the extent prac- 24 ticable, demonstrate a separation of staff cooper- 25 ating with the Commission under the National Envi- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00259 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 260 1 ronmental Policy Act (42 U.S.C. 4321 et seq.) and 2 staff participating in the applicable proceeding under 3 this part. 4 ‘‘(f) DEVELOPING ABANDONED MINES FOR PUMPED 5 STORAGE.— 6 ‘‘(1) WORKSHOP.—Not later than 6 months 7 after the date of enactment of this section, the Com- 8 mission shall hold a workshop to explore potential 9 opportunities for development of closed-loop pumped 10 storage projects at abandoned mine sites. 11 ‘‘(2) GUIDANCE.—Not later than 1 year after 12 the date of enactment of this section, the Commis- 13 sion shall issue guidance to assist applicants for li- 14 censes 15 pumped storage projects at abandoned mine sites. 16 ‘‘(g) QUALIFYING CRITERIA or preliminary permits FOR for closed-loop CLOSED-LOOP 17 PUMPED STORAGE PROJECTS.— 18 ‘‘(1) IN Commission shall es- 19 tablish criteria that a pumped storage project shall 20 meet in order to qualify as a closed-loop pumped 21 storage project eligible for the expedited process es- 22 tablished under this section. 23 ‘‘(2) INCLUSIONS.—In establishing the criteria 24 under paragraph (1), the Commission shall include 25 criteria requiring that the pumped storage project— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—The 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00260 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 261 1 ‘‘(A) cause little to no change to existing 2 surface and groundwater flows and uses; and 3 ‘‘(B) is unlikely to adversely affect species 4 listed as a threatened species or endangered 5 species under the Endangered Species Act of 6 1973. 7 ‘‘(h) SAVINGS CLAUSE.—Nothing in this section af- 8 fects any authority of the Commission to license a closed9 loop pumped storage project under this part.’’. 10 SEC. 3005. CONSIDERATIONS FOR RELICENSING TERMS. 11 Part I of the Federal Power Act (16 U.S.C. 792 et 12 seq.), as amended, is further amended by adding at the 13 end the following: 14 ‘‘SEC. 36. CONSIDERATIONS FOR RELICENSING TERMS. 15 ‘‘(a) IN GENERAL.—In determining the term of a 16 new license issued when an existing license under this part 17 expires, the Commission shall take into consideration, 18 among other things— 19 ‘‘(1) project-related investments by the licensee 20 under the new license; and 21 ‘‘(2) project-related investments by the licensee 22 over the term of the existing license. 23 ‘‘(b) EQUAL WEIGHT.—The determination of the 24 Commission under subsection (a) shall give equal weight 25 to— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00261 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 262 1 ‘‘(1) investments by the licensee to implement 2 the new license under this part, including invest- 3 ments relating to redevelopment, new construction, 4 new capacity, efficiency, modernization, rehabilita- 5 tion or replacement of major equipment, safety im- 6 provements, or environmental, recreation, or other 7 protection, mitigation, or enhancement measures re- 8 quired or authorized by the new license; and 9 ‘‘(2) investments by the licensee over the term 10 of the existing license (including any terms under 11 annual licenses) that— 12 ‘‘(A) resulted in redevelopment, new con- 13 struction, new capacity, efficiency, moderniza- 14 tion, rehabilitation or replacement of major 15 equipment, safety improvements, or environ- 16 mental, recreation, or other protection, mitiga- 17 tion, or enhancement measures conducted over 18 the term of the existing license; and 19 ‘‘(B) were not expressly considered by the 20 Commission as contributing to the length of the 21 existing license term in any order establishing 22 or extending the existing license term. 23 ‘‘(c) COMMISSION DETERMINATION.—At the request 24 of the licensee, the Commission shall make a determina25 tion as to whether any planned, ongoing, or completed in- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00262 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 263 1 vestment meets the criteria under subsection (b)(2). Any 2 determination under this subsection shall be issued within 3 60 days following receipt of the licensee’s request. When 4 issuing its determination under this subsection, the Com5 mission shall not assess the incremental number of years 6 that the investment may add to the new license term. All 7 such assessment shall occur only as provided in subsection 8 (a).’’. 9 SEC. 3006. FAIR RATEPAYER ACCOUNTABILITY, TRANS- 10 11 PARENCY, AND EFFICIENCY STANDARDS. Section 205 of the Federal Power Act (16 U.S.C. 12 824d) is amended by adding at the end the following: 13 ‘‘(g) INACTION OF COMMISSIONERS.— 14 ‘‘(1) IN respect to a change 15 described in subsection (d), if the Commission per- 16 mits the 60-day period established therein to expire 17 without issuing an order accepting or denying the 18 change because the Commissioners are divided two 19 against two as to the lawfulness of the change, as 20 a result of vacancy, incapacity, or recusal on the 21 Commission, or if the Commission lacks a quorum— 22 ‘‘(A) the failure to issue an order accepting 23 or denying the change by the Commission shall 24 be considered to be an order issued by the Com- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—With 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00263 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 264 1 mission accepting the change for purposes of 2 section 313(a); and 3 ‘‘(B) each Commissioner shall add to the 4 record of the Commission a written statement 5 explaining the views of the Commissioner with 6 respect to the change. 7 ‘‘(2) APPEAL.—If, pursuant to this subsection, 8 a person seeks a rehearing under section 313(a), 9 and the Commission fails to act on the merits of the 10 rehearing request by the date that is 30 days after 11 the date of the rehearing request because the Com- 12 missioners are divided two against two, as a result 13 of vacancy, incapacity, or recusal on the Commis- 14 sion, or if the Commission lacks a quorum, such per- 15 son may appeal under section 313(b).’’. 16 SEC. 3007. J. BENNETT JOHNSTON WATERWAY HYDRO- 17 18 POWER EXTENSION. (a) IN GENERAL.—Notwithstanding the time period 19 specified in section 13 of the Federal Power Act (16 20 U.S.C. 806) that would otherwise apply to Federal Energy 21 Regulatory Commission project numbers 12756, 12757, 22 and 12758, the Commission may, at the request of the 23 licensee for the applicable project, and after reasonable no24 tice, in accordance with the good faith, due diligence, and 25 public interest requirements of that section and the Com- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00264 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 265 1 mission’s procedures under that section, extend the time 2 period during which such licensee is required to commence 3 the construction of its applicable project for up to 3 con4 secutive 2-year periods from the date of the expiration of 5 the extension originally issued by the Commission under 6 that section for such project. 7 (b) OBLIGATION PAYMENT FOR OF ANNUAL 8 CHARGES.—Any obligation of a licensee for a project de9 scribed in subsection (a) for the payment of annual 10 charges under section 10(e) of the Federal Power Act (16 11 U.S.C. 803(e)) shall commence when the construction of 12 the project commences. 13 14 (c) REINSTATEMENT FOR LICENSE; EFFECTIVE DATE EXTENSION.— 15 (1) REINSTATEMENT.—If the time period re- 16 quired for commencement of construction of a 17 project described in subsection (a) has expired prior 18 to the date of the enactment of this Act, the Com- 19 mission may reinstate the license for such project, 20 effective as of the date of the expiration of the li- 21 cense. 22 (2) EFFECTIVE DATE FOR EXTENSION.—If the 23 Commission reinstates a license under paragraph (1) 24 for a project, the first extension authorized under 25 subsection (a) with respect to such project shall take g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 OF 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00265 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 266 1 effect on the effective date of such reinstatement 2 under paragraph (1). 3 SEC. 3008. STAY AND REINSTATEMENT OF FERC LICENSE 4 NO. 11393 FOR THE MAHONEY LAKE HYDRO- 5 ELECTRIC PROJECT. 6 (a) DEFINITIONS.—In this section: 7 (1) COMMISSION.—The term ‘‘Commission’’ 8 means the Federal Energy Regulatory Commission. 9 (2) LICENSE.—The term ‘‘license’’ means the 10 license for the Commission project numbered 11393. 11 (3) LICENSEE.—The term ‘‘licensee’’ means the 12 holder of the license. 13 (b) STAY OF LICENSE.—On the request of the li- 14 censee, the Commission shall issue an order continuing the 15 stay of the license. 16 (c) LIFTING OF STAY.—On the request of the li- 17 censee, but not later than 10 years after the date of enact18 ment of this Act, the Commission shall— 19 20 (1) issue an order lifting the stay of the license under subsection (b); and 21 (2) make the effective date of the license the 22 date on which the stay is lifted under paragraph (1). 23 (d) EXTENSION OF LICENSE.— 24 25 (1) IN 21:04 Sep 10, 2018 the time period specified in section 13 of the Federal Power g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—Notwithstanding Jkt 000000 (705684 4) PO 00000 Frm 00266 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 267 1 Act (16 U.S.C. 806) that would otherwise apply to 2 the Commission project numbered 11393, the Com- 3 mission may, at the request of the licensee, and 4 after reasonable notice, in accordance with the good 5 faith, due diligence, and public interest requirements 6 of, and the procedures of the Commission under, 7 that section, extend the time period during which 8 the licensee is required to commence the construc- 9 tion of the project for not more than 3 consecutive 10 2-year periods from the date of the expiration of the 11 extension originally issued by the Commission. 12 (2) REINSTATEMENT 13 (A) IN OF EXPIRED LICENSE.— GENERAL.—If the period required 14 for the commencement of construction of the 15 project described in paragraph (1) has expired 16 prior to the date of enactment of this Act, the 17 Commission may reinstate the license effective 18 as of the date of the expiration of the license. 19 (B) EXTENSION.—If the Commission rein- 20 states the license under subparagraph (A), the 21 first extension authorized under paragraph (1) 22 shall take effect on the date of that expiration. 23 (e) EFFECT.—Nothing in this Act prioritizes, or cre- 24 ates any advantage or disadvantage to, Commission 25 project numbered 11393 under Federal law, including the g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00267 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 268 1 Federal Power Act (16 U.S.C. 791a et seq.) or the Public 2 Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 3 et seq.), as compared to— 4 (1) any electric generating facility in existence 5 on the date of enactment of this Act; or 6 (2) any electric generating facility that may be 7 examined, proposed, or developed during the period 8 of any stay or extension of the license under this 9 Act. 10 SEC. 3009. STRATEGIC PETROLEUM RESERVE DRAWDOWN. 11 (a) DRAWDOWN AND SALE.— 12 (1) IN GENERAL.—Notwithstanding section 161 13 of the Energy Policy and Conservation Act (42 14 U.S.C. 6241), except as provided in subsection (b), 15 the Secretary of Energy shall draw down and sell 16 5,000,000 barrels of crude oil from the Strategic Pe- 17 troleum Reserve during fiscal year 2028. 18 (2) DEPOSIT OF AMOUNTS RECEIVED FROM 19 SALE.—Amounts 20 graph (1) shall be deposited in the general fund of 21 the Treasury during the fiscal year in which the sale 22 occurs. 23 (b) EMERGENCY PROTECTION.—The Secretary of received from a sale under para- 24 Energy may not draw down and sell crude oil under this 25 section in quantities that would limit the authority to sell g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00268 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 269 1 petroleum products under subsection (h) of section 161 2 of the Energy Policy and Conservation Act (42 U.S.C. 3 6241) in the full quantity authorized by that subsection. 5 TITLE IV—OTHER MATTERS Subtitle A—Clean Water 6 SEC. 4101. STORMWATER INFRASTRUCTURE FUNDING TASK 4 7 8 FORCE. (a) IN GENERAL.—Not later than 180 days after the 9 date of enactment of this Act, the Administrator of the 10 Environmental Protection Agency shall establish a 11 stormwater infrastructure funding task force composed of 12 representatives of Federal, State, and local governments 13 and private (including nonprofit) entities to conduct a 14 study on, and develop recommendations to improve, the 15 availability of public and private sources of funding for 16 the construction, rehabilitation, and operation and mainte17 nance of stormwater infrastructure to meet the require18 ments of the Federal Water Pollution Control Act (33 19 U.S.C. 1251 et seq.). 20 (b) CONSIDERATIONS.—In carrying out subsection 21 (a), the task force shall— 22 (1) identify existing Federal, State, and local 23 public sources and private sources of funding for 24 stormwater infrastructure; and 25 (2) consider— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00269 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 270 1 (A) how funding for stormwater infrastruc- 2 ture from such sources has been made avail- 3 able, and utilized, in each State to address 4 stormwater infrastructure needs identified pur- 5 suant to section 516(b)(1) of the Federal Water 6 Pollution Control Act (33 U.S.C. 1375(b)(1)); 7 (B) how the source of funding affects the 8 affordability of the infrastructure (as deter- 9 mined based on the considerations used to as- 10 sess the financial capability of municipalities 11 under the integrated planning guidelines de- 12 scribed in the Integrated Municipal Stormwater 13 and Wastewater Planning Approach Frame- 14 work, issued by the Environmental Protection 15 Agency on June 5, 2012, and dated May, 16 2012), including consideration of the costs asso- 17 ciated with financing the infrastructure; and 18 (C) whether such sources of funding are 19 sufficient to support capital expenditures and 20 long-term operation and maintenance costs nec- 21 essary to meet the stormwater infrastructure 22 needs of municipalities. 23 (c) REPORT.—Not later than 18 months after the 24 date of enactment of this Act, the Administrator shall sub25 mit to Congress a report that describes the results of the g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00270 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 271 1 study conducted, and the recommendations developed, 2 under subsection (a). 3 (d) STATE DEFINED.—In this section, the term 4 ‘‘State’’ has the meaning given that term in section 502 5 of the Federal Water Pollution Control Act (33 U.S.C. 6 1362). 7 SEC. 4102. WASTEWATER TECHNOLOGY CLEARINGHOUSE. 8 (a) IN GENERAL.— 9 10 (1) IN Administrator of the Environmental Protection Agency shall— 11 (A) for each of the programs described in 12 paragraph (2), update the information for those 13 programs to include information on cost-effec- 14 tive and alternative wastewater recycling and 15 treatment technologies, including onsite and de- 16 centralized systems; and 17 (B) disseminate to units of local govern- 18 ment and nonprofit organizations seeking Fed- 19 eral funds for wastewater technology informa- 20 tion on the cost effectiveness of alternative 21 wastewater 22 nologies, including onsite and decentralized sys- 23 tems. 24 (2) PROGRAMS 25 21:04 Sep 10, 2018 treatment and recycling DESCRIBED.—The tech- programs re- ferred to in paragraph (1)(A) are programs that g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—The Jkt 000000 (705684 4) PO 00000 Frm 00271 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 272 1 provide technical assistance for wastewater manage- 2 ment, including— 3 (A) programs for nonpoint source manage- 4 ment under section 319 of the Federal Water 5 Pollution Control Act (33 U.S.C. 1329); and 6 (B) the permit program for the disposal of 7 sewer sludge under section 405 of the Federal 8 Water Pollution Control Act (33 U.S.C. 1345). 9 (b) REPORT TO CONGRESS.—Not later than 1 year 10 after the date of enactment of this Act, and not less fre11 quently than every 3 years thereafter, the Administrator 12 of the Environmental Protection Agency shall submit to 13 Congress a report that describes— 14 (1) the type and amount of information pro- 15 vided under subsection (a) to units of local govern- 16 ment and nonprofit organizations regarding alter- 17 native wastewater treatment and recycling tech- 18 nologies; 19 (2) the States and regions that have made 20 greatest use of alternative wastewater treatment and 21 recycling technologies; and 22 (3) the actions taken by the Administrator to 23 assist States in the deployment of alternative waste- 24 water treatment and recycling technologies, includ- 25 ing onsite and decentralized systems. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00272 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 273 1 SEC. 4103. TECHNICAL 2 3 ASSISTANCE FOR TREATMENT WORKS. (a) TECHNICAL ASSISTANCE.—Section 104 of the 4 Federal Water Pollution Control Act (33 U.S.C. 1254) is 5 amended— 6 (1) in subsection (b)— 7 (A) by striking ‘‘and’’ at the end of para- 8 graph (6); 9 (B) by striking the period at the end of 10 paragraph (7) and inserting ‘‘; and’’; and 11 (C) by adding at the end the following: 12 ‘‘(8) make grants to nonprofit organizations— 13 ‘‘(A) to provide technical assistance to 14 rural, small, and tribal municipalities for the 15 purpose of assisting, in consultation with the 16 State in which the assistance is provided, such 17 municipalities and tribal governments in the 18 planning, developing, and acquisition of financ- 19 ing for eligible projects and activities described 20 in section 603(c); 21 ‘‘(B) to provide technical assistance and 22 training for rural, small, and tribal publicly 23 owned 24 wastewater treatment systems to enable such 25 treatment works and systems to protect water g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 treatment works and decentralized (705684 4) PO 00000 Frm 00273 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 274 1 quality and achieve and maintain compliance 2 with the requirements of this Act; and 3 ‘‘(C) to disseminate information to rural, 4 small, and tribal municipalities and municipali- 5 ties that meet the affordability criteria estab- 6 lished under section 603(i)(2) by the State in 7 which the municipality is located with respect to 8 planning, design, construction, and operation of 9 publicly owned treatment works and decentral- 10 ized wastewater treatment systems.’’; and 11 (2) by adding at the end the following: 12 ‘‘(w) NONPROFIT ORGANIZATION.—For purposes of 13 subsection (b)(8), the term ‘nonprofit organization’ means 14 a nonprofit organization that the Administrator deter15 mines, after consultation with the States regarding what 16 small publicly owned treatments works in the State find 17 to be most beneficial and effective, is qualified and experi18 enced in providing on-site training and technical assist19 ance to small publicly owned treatment works.’’. 20 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 21 104(u) of the Federal Water Pollution Control Act (33 22 U.S.C. 1254(u)) is amended— 23 24 (1) by striking ‘‘and (6)’’ and inserting ‘‘(6)’’; and g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00274 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 275 1 (2) by inserting before the period at the end the 2 following: ‘‘; and (7) not to exceed $25,000,000 for 3 each of fiscal years 2019 through 2023 for carrying 4 out subsections (b)(3), (b)(8), and (g)’’. 5 SEC. 4104. AMENDMENTS TO LONG ISLAND SOUND PRO- 6 GRAMS. 7 8 (a) LONG ISLAND SOUND RESTORATION PROGRAM.—Section 119 of the Federal Water Pollution Con- 9 trol Act (33 U.S.C. 1269) is amended— 10 (1) in subsection (c)— 11 (A) in the matter preceding paragraph (1), 12 by striking ‘‘Management Conference of the 13 Long Island Sound Study’’ and inserting ‘‘con- 14 ference study’’; 15 (B) in paragraph (2)— 16 (i) in each of subparagraphs (A) 17 through (G), by striking the commas at 18 the end of the subparagraphs and inserting 19 semicolons; 20 (ii) in subparagraph (H), by striking 21 ‘‘, and’’ and inserting a semicolon; 22 (iii) in subparagraph (I), by striking 23 the period at the end and inserting a semi- 24 colon; and g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00275 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 276 1 (iv) by adding at the end the fol- 2 lowing: 3 ‘‘(J) environmental vulnerabilities of the 4 Long Island Sound watershed, including— 5 ‘‘(i) the identification and assessment 6 of such vulnerabilities in the watershed; 7 ‘‘(ii) the development and implementa- 8 tion of adaptation strategies to reduce such 9 vulnerabilities; and 10 ‘‘(iii) the identification and assess- 11 ment of the effects of sea level rise on 12 water quality, habitat, and infrastructure; 13 and’’; 14 (C) by striking paragraph (4) and insert- 15 ing the following: 16 ‘‘(4) develop and implement strategies to in- 17 crease public education and awareness with respect 18 to the ecological health and water quality conditions 19 of Long Island Sound;’’; 20 (D) in paragraph (5), by inserting ‘‘study’’ 21 after ‘‘conference’’; 22 (E) in paragraph (6)— 23 (i) by inserting ‘‘(including on a pub- 24 licly accessible website)’’ after ‘‘the pub- 25 lic’’; and g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00276 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 277 1 (ii) by inserting ‘‘study’’ after ‘‘con- 2 ference’’; and 3 (F) by striking paragraph (7) and insert- 4 ing the following: 5 ‘‘(7) monitor the progress made toward meeting 6 the identified goals, actions, and schedules of the 7 Comprehensive Conservation and Management Plan, 8 including through the implementation and support 9 of a monitoring system for the ecological health and 10 water quality conditions of Long Island Sound; 11 and’’; 12 (2) in subsection (d)(3), in the second sentence, 13 by striking ‘‘50 per centum’’ and inserting ‘‘60 per- 14 cent’’; 15 16 (3) by redesignating subsection (f) as subsection (h); and 17 (4) by inserting after subsection (e) the fol- 18 lowing: 19 ‘‘(f) REPORT.— 20 ‘‘(1) IN later than 2 years 21 after the date of enactment of this Act, and bienni- 22 ally thereafter, the Director of the Office, in con- 23 sultation with the Governor of each Long Island 24 Sound State, shall submit to Congress a report 25 that— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—Not 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00277 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 278 1 ‘‘(A) summarizes and assesses the progress 2 made by the Office and the Long Island Sound 3 States in implementing the Long Island Sound 4 Comprehensive Conservation and Management 5 Plan, including an assessment of the progress 6 made toward meeting the performance goals 7 and milestones contained in the Plan; 8 ‘‘(B) assesses the key ecological attributes 9 that reflect the health of the ecosystem of the 10 Long Island Sound watershed; 11 ‘‘(C) describes any substantive modifica- 12 tions to the Long Island Sound Comprehensive 13 Conservation and Management Plan made dur- 14 ing the 2-year period preceding the date of sub- 15 mission of the report; 16 ‘‘(D) provides specific recommendations to 17 improve progress in restoring and protecting 18 the Long Island Sound watershed, including, as 19 appropriate, proposed modifications to the Long 20 Island Sound Comprehensive Conservation and 21 Management Plan; 22 ‘‘(E) identifies priority actions for imple- 23 mentation of the Long Island Sound Com- 24 prehensive Conservation and Management Plan g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00278 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 279 1 for the 2-year period following the date of sub- 2 mission of the report; and 3 ‘‘(F) describes the means by which Federal 4 funding and actions will be coordinated with the 5 actions of the Long Island Sound States and 6 other entities. 7 ‘‘(2) PUBLIC Adminis- 8 trator shall make the report described in paragraph 9 (1) available to the public, including on a publicly 10 accessible website. 11 ‘‘(g) FEDERAL ENTITIES.— 12 ‘‘(1) COORDINATION.—The Administrator shall 13 coordinate the actions of all Federal departments 14 and agencies that affect water quality in the Long 15 Island Sound watershed in order to improve the 16 water quality and living resources of the watershed. 17 ‘‘(2) METHODS.—In carrying out this section, 18 the Administrator, acting through the Director of 19 the Office, may— 20 ‘‘(A) enter into interagency agreements; 21 and 22 ‘‘(B) make intergovernmental personnel 23 appointments. 24 ‘‘(4) CONSISTENCY 25 21:04 Sep 10, 2018 WITH COMPREHENSIVE CON- SERVATION AND MANAGEMENT PLAN.—To g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 AVAILABILITY.—The Jkt 000000 the max- (705684 4) PO 00000 Frm 00279 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 280 1 imum extent practicable, the head of each Federal 2 department or agency that owns or occupies real 3 property, or carries out activities, within the Long 4 Island Sound watershed shall ensure that the prop- 5 erty and all activities carried out by the department 6 or agency are consistent with the Long Island Sound 7 Comprehensive Conservation and Management Plan 8 (including any related subsequent agreements and 9 plans).’’. 10 11 (b) LONG ISLAND SOUND STEWARDSHIP PROGRAM.—Section 8(g) of the Long Island Sound Steward- 12 ship Act of 2006 (33 U.S.C. 1269 note; Public Law 109– 13 359) is amended by striking ‘‘2011’’ and inserting 14 ‘‘2021’’. 15 (c) REAUTHORIZATION OF LONG ISLAND SOUND 16 PROGRAMS.— 17 (1) LONG ISLAND SOUND GRANTS.—Subsection 18 (h) of section 119 of the Federal Water Pollution 19 Control Act (33 U.S.C. 1269) (as redesignated by 20 subsection (a)) is amended to read as follows: 21 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 22 is authorized to be appropriated to the Administrator to 23 carry out this section $40,000,000 for each of fiscal years 24 2019 through 2023.’’. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00280 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 281 1 (2) LONG ISLAND SOUND STEWARDSHIP 2 GRANTS.—Section 3 Stewardship Act of 2006 (33 U.S.C. 1269 note; 4 Public Law 109–359) is amended by striking ‘‘2007 5 through 2011’’ and inserting ‘‘2019 through 2023’’. 6 SEC. 4105. AUTHORIZATION OF APPROPRIATIONS FOR CO- 11(a) of the Long Island Sound 7 LUMBIA RIVER BASIN RESTORATION. 8 Section 123(d) of the Federal Water Pollution Con- 9 trol Act (33 U.S.C. 1275(d)) is amended by adding at the 10 end the following: 11 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 12 There is authorized to be appropriated to carry out 13 this subsection $30,000,000 for each of fiscal years 14 2020 and 2021.’’. 15 SEC. 4106. SEWER OVERFLOW CONTROL GRANTS. 16 Section 221 of the Federal Water Pollution Control 17 Act (33 U.S.C. 1301) is amended— 18 (1) by amending the section heading to read as 19 follows: ‘‘SEWER 20 REUSE MUNICIPAL GRANTS’’; 21 (2) by amending subsection (a) to read as fol- 22 lows: 23 ‘‘(a) IN GENERAL.— 24 25 ‘‘(1) GRANTS 21:04 Sep 10, 2018 TO STATES.—The Administrator may make grants to States for the purpose of pro- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 OVERFLOW AND STORMWATER Jkt 000000 (705684 4) PO 00000 Frm 00281 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 282 1 viding grants to a municipality or municipal entity 2 for planning, design, and construction of— 3 ‘‘(A) treatment works to intercept, trans- 4 port, control, treat, or reuse municipal com- 5 bined sewer overflows, sanitary sewer overflows, 6 or stormwater; and 7 ‘‘(B) any other measures to manage, re- 8 duce, treat, or recapture stormwater or sub- 9 surface drainage water eligible for assistance 10 under section 603(c). 11 ‘‘(2) DIRECT MUNICIPAL GRANTS.—Subject to 12 subsection (g), the Administrator may make a direct 13 grant to a municipality or municipal entity for the 14 purposes described in paragraph (1).’’; 15 (3) by amending subsection (e) to read as fol- 16 lows: 17 ‘‘(e) ADMINISTRATIVE REQUIREMENTS.—A project 18 that receives assistance under this section shall be carried 19 out subject to the same requirements as a project that 20 receives assistance from a State water pollution control 21 revolving fund under title VI, except to the extent that 22 the Governor of the State in which the project is located 23 determines that a requirement of title VI is inconsistent 24 with the purposes of this section. For the purposes of this 25 subsection, a Governor may not determine that the re- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00282 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 283 1 quirements of title VI relating to the application of section 2 513 are inconsistent with the purposes of this section.’’; 3 (4) by amending subsection (f) to read as fol- 4 lows: 5 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 6 ‘‘(1) IN is authorized to be 7 appropriated to carry out this section $225,000,000 8 for each of fiscal years 2019 through 2020. 9 ‘‘(2) MINIMUM ALLOCATIONS.—To the extent 10 there are sufficient eligible project applications, the 11 Administrator shall ensure that a State uses not less 12 than 20 percent of the amount of the grants made 13 to the State under subsection (a) in a fiscal year to 14 carry out projects to intercept, transport, control, 15 treat, or reuse municipal combined sewer overflows, 16 sanitary sewer overflows, or stormwater through the 17 use of green infrastructure, water and energy effi- 18 ciency improvements, and other environmentally in- 19 novative activities.’’; and 20 (5) by amending subsection (g) to read as fol- 21 lows: 22 ‘‘(g) ALLOCATION OF FUNDS.— 23 ‘‘(1) FISCAL YEAR 2019.—Subject to subsection 24 (h), the Administrator shall use the amounts appro- 25 priated to carry out this section for fiscal year 2019 g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—There 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00283 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 284 1 for making grants to municipalities and municipal 2 entities under subsection (a)(2) in accordance with 3 the criteria set forth in subsection (b). 4 ‘‘(2) FISCAL 5 Subject to subsection (h), the Administrator shall 6 use the amounts appropriated to carry out this sec- 7 tion for fiscal year 2020 and each fiscal year there- 8 after for making grants to States under subsection 9 (a)(1) in accordance with a formula to be established 10 by the Administrator, after providing notice and an 11 opportunity for public comment, that allocates to 12 each State a proportional share of such amounts 13 based on the total needs of the State for municipal 14 combined sewer overflow controls, sanitary sewer 15 overflow controls, and stormwater identified in the 16 most recent detailed estimate and comprehensive 17 study submitted pursuant to section 516 and any 18 other information the Administrator considers ap- 19 propriate.’’. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 YEAR 2020 AND THEREAFTER.— 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00284 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 285 1 SEC. 4107. ASSISTANCE FOR INDIVIDUAL HOUSEHOLD DE- 2 CENTRALIZED WASTEWATER SYSTEMS OF IN- 3 DIVIDUALS WITH LOW OR MODERATE IN- 4 COME. 5 (a) PROJECTS 6 SISTANCE.—Section AND ACTIVITIES ELIGIBLE FOR AS- 603 of the Federal Water Pollution 7 Control Act (33 U.S.C. 1383) is amended— 8 (1) in subsection (c)— 9 (A) by striking ‘‘and’’ at the end of para- 10 graph (10); 11 (B) by striking ‘‘Act.’’ at the end of para- 12 graph (11) and inserting ‘‘Act; and’’; and 13 (C) by inserting after paragraph (11) the 14 following: 15 ‘‘(12) to any qualified nonprofit entity, as de- 16 termined by the Administrator, to provide assistance 17 to an eligible individual (as defined in subsection 18 (j))— 19 ‘‘(A) for the repair or replacement of exist- 20 ing individual household decentralized waste- 21 water treatment systems; or 22 ‘‘(B) in a case in which an eligible indi- 23 vidual resides in a household that could be cost- 24 effectively connected to an available publicly 25 owned treatment works, for the connection of g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00285 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 286 1 the applicable household to such treatment 2 works.’’; and 3 (2) by adding at the end the following: 4 ‘‘(j) DEFINITION OF ELIGIBLE INDIVIDUAL.—In sub- 5 section (c)(12), the term ‘eligible individual’ means a 6 member of a household, the members of which have a com7 bined income (for the most recent 12-month period for 8 which information is available) equal to not more than 50 9 percent of the median nonmetropolitan household income 10 for the State in which the household is located, according 11 to the most recent decennial census.’’. 12 (b) REPORT.—Not later than 2 years after the date 13 of enactment of this section, the Administrator of the En14 vironmental Protection Agency shall submit to the Com15 mittee on Environment and Public Works of the Senate 16 and the Committee on Transportation and Infrastructure 17 of the House of Representatives a report describing— 18 (1) the prevalence throughout the United States 19 of low- and moderate-income households without ac- 20 cess to a treatment works; and 21 (2) the use by States of assistance under sec- 22 tion 603(c)(12) of the Federal Water Pollution Con- 23 trol Act. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00286 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 287 3 Subtitle B—WIFIA Reauthorization and Innovative Financing for State Loan Funds 4 SEC. 4201. WIFIA REAUTHORIZATION AND INNOVATIVE FI- 1 2 5 6 NANCING FOR STATE LOAN FUNDS. (a) WIFIA REAUTHORIZATION.— 7 (1) AUTHORITY 8 Section 5023 of the Water Resources Reform and 9 Development Act of 2014 (33 U.S.C. 3902) is 10 amended— 11 (A) by striking ‘‘pilot’’ each place it ap- 12 pears; and 13 (B) in subsection (b)(1), by inserting ‘‘pro- 14 vide financial assistance to’’ before ‘‘carry out’’. 15 (2) DETERMINATION 16 PROJECT SELECTION.—Section 17 Water Resources Reform and Development Act of 18 2014 (33 U.S.C. 3907(a)(1)(E)) is amended to read 19 as follows: OF ELIGIBILITY AND 5028(a)(1)(E) of the 20 ‘‘(E) SPECIAL 21 BINED PROJECTS.—The 22 velop a credit evaluation process for a Federal 23 credit instrument provided to— RULE FOR CERTAIN COM- Administrator shall de- 24 ‘‘(i) a State infrastructure financing 25 authority for a project under section g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 TO PROVIDE ASSISTANCE.— 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00287 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 288 1 5026(9), which may include requiring the 2 provision of a final rating opinion letter 3 from at least 1 rating agency; or 4 ‘‘(ii) an entity for a project under sec- 5 tion 5026(10), which may include requir- 6 ing the provision of a final rating opinion 7 letter from at least 2 rating agencies.’’. 8 (3) REPAYMENTS.—Section 5029(c)(2)(B) of 9 the Water Resources Reform and Development Act 10 of 2014 (33 U.S.C. 3908(c)(2)(B)) is amended— 11 (A) by striking ‘‘Scheduled’’ and inserting 12 the following: 13 ‘‘(i) TIMING SCHEDULED 14 REPAYMENTS.—Scheduled’’; 15 (B) by adding at the end: 16 ‘‘(ii) LOAN and REPAYMENTS.—None of the 17 funds for repayment of a secured loan 18 under this title from a State infrastructure 19 financing authority may come from funds 20 provided to a State revolving loan fund 21 under title VI of the Federal Water Pollu- 22 tion Control Act (33 U.S.C. 1381 et seq.) 23 or section 1452 of the Safe Drinking 24 Water Act (42 U.S.C. 300j–12).’’. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 OF 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00288 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 289 1 (4) AUTHORIZATION APPROPRIATIONS.— 2 Section 5033 of the Water Resources Reform and 3 Development Act of 2014 (33 U.S.C. 3912) is 4 amended— 5 (A) in subsection (a)— 6 (i) by redesignating paragraphs (1) 7 through (5) as subparagraphs (A) through 8 (E), respectively, and indenting appro- 9 priately; 10 (ii) in the matter preceding subpara- 11 graph (A) (as so redesignated), by striking 12 ‘‘There is’’ and inserting the following: 13 14 ‘‘(1) FISCAL YEARS 2015 THROUGH 2019.— There are’’; and 15 (iii) by adding at the end the fol- 16 lowing: 17 ‘‘(2) FISCAL YEARS 2020 AND 2021.—There is 18 authorized to be appropriated to the Administrator 19 to carry out this subtitle $50,000,000 for each of 20 fiscal years 2020 and 2021, to remain available until 21 expended.’’; and 22 (B) in subsection (b)— 23 (i) by striking ‘‘Of the funds’’ and in- 24 serting the following: g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 OF 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00289 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 290 1 2 ‘‘(1) FISCAL YEARS 2015 THROUGH 2019.—Of the funds’’; and 3 (ii) by adding at the end the fol- 4 lowing: 5 ‘‘(2) FISCAL YEARS 2020 AND 2021.—Of the 6 funds made available to carry out this subtitle, the 7 Administrator may use for the administration of this 8 subtitle, including for the provision of technical as- 9 sistance to aid project sponsors in obtaining the nec- 10 essary approvals for the project, not more than 11 $5,000,000 for each of fiscal years 2020 and 12 2021.’’. 13 (b) INNOVATIVE FINANCING FOR STATE LOAN 14 FUNDS.— 15 (1) MAXIMUM 16 tion 5029(b)(9) of the Water Resources Reform and 17 Development Act of 2014 (33 U.S.C. 3908(b)(9)) is 18 amended by adding at the end the following: 19 ‘‘(C) EXCEPTION FOR PROJECTS FUNDED 20 BY A STATE INFRASTRUCTURE FINANCING AU- 21 THORITY.—Notwithstanding 22 a State infrastructure financing authority may 23 finance up to 100 percent of the costs of a 24 project using the proceeds of financial assist- 25 ance authorized under section 5033(e), provided g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 FEDERAL INVOLVEMENT.—Sec- 21:04 Sep 10, 2018 Jkt 000000 subparagraph (A), (705684 4) PO 00000 Frm 00290 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 291 1 that, in the event of a default with respect to 2 any such assistance, the State infrastructure fi- 3 nancing authority is solely responsible for im- 4 mediate repayment of such costs.’’. 5 (2) PROGRAM 5030 6 of the Water Resources Reform and Development 7 Act of 2014 (33 U.S.C. 3909) is amended— 8 (A) in subsection (b), by inserting after 9 paragraph (1) the following: 10 ‘‘(2) PROHIBITION ON PASS THROUGH FEES.— 11 The Administrator, in the case where a State infra- 12 structure financing authority obtains financial as- 13 sistance under section 5033(e), shall require as a 14 condition of obtaining such assistance, that the 15 State infrastructure financing authority is prohibited 16 from passing any portion of the fees required under 17 section 5029(b)(7) to any party that utilizes any 18 portion of such assistance for a project funded by 19 such authority.’’; and 20 (B) by redesignating subsection (e) as sub- 21 section (h) and inserting after subsection (d) 22 the following: 23 ‘‘(e) SPECIAL RULE 24 PROJECTS 25 FOR FOR STATE REVIEWS OF STATE INFRASTRUCTURE FINANCING AU- THORITIES.— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 ADMINISTRATION.—Section 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00291 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 292 1 ‘‘(1) IN GENERAL.—A project described in sec- 2 tion 5026(9) for which funding is provided under 3 this title shall comply with any applicable State envi- 4 ronmental or engineering review requirements pursu- 5 ant to, as applicable— 6 ‘‘(A) title VI of the Federal Water Pollu- 7 tion Control Act (33 U.S.C. 1381 et seq.); and 8 ‘‘(B) section 1452 of the Safe Drinking 9 Water Act (42 U.S.C. 300j–12). 10 ‘‘(2) NO NEW REVIEWS REQUIRED.—Nothing in 11 this title requires any additional or new environ- 12 mental or engineering review for a project described 13 in section 5026(9) for which funding is provided, 14 other than any requirement otherwise applicable to 15 the project. 16 ‘‘(f) SPECIAL RULE FOR EXPEDITED REVIEW OF AP- 17 PLICATIONS FROM STATE INFRASTRUCTURE FINANCING 18 AUTHORITIES.—Not later than 180 days after the date 19 on which the Administrator receives a complete applica20 tion from a State infrastructure financing authority for 21 a project under section 5026(9), the Administrator shall, 22 through a written notice to the State infrastructure fi23 nancing authority— 24 ‘‘(1) approve the application; or g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00292 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 293 1 ‘‘(2) provide detailed guidance and an expla- 2 nation of any changes to the application necessary 3 for approval of the application.’’. 4 (3) AUTHORIZATION APPROPRIATIONS.— 5 Section 5033 of the Water Resources Reform and 6 Development Act of 2014 (33 U.S.C. 3912) is fur- 7 ther amended by adding at the end the following: 8 ‘‘(e) ASSISTANCE 9 NANCING 10 FOR STATE INFRASTRUCTURE FI- AUTHORITIES.— ‘‘(1) IN GENERAL.—With respect to fiscal years 11 2020 and 2021, if the Administrator has available 12 for obligation in a fiscal year at least $50,000,000, 13 there is authorized to be appropriated to the Admin- 14 istrator $5,000,000 for that fiscal year to provide fi- 15 nancial assistance for projects described in section 16 5026(9) to State infrastructure financing authori- 17 ties. 18 ‘‘(2) NO IMPACT ON OTHER FEDERAL FUND- 19 ING.—No 20 year to the Administrator for purposes of this sub- 21 section if— funds shall be made available in a fiscal 22 ‘‘(A) the total amount appropriated for the 23 fiscal year for State loan funds under section 24 1452 of the Safe Drinking Water Act is less 25 than either the amount made available for such g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 OF 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00293 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 294 1 purpose in fiscal year 2018, or 105 percent of 2 the previous fiscal year’s appropriation for such 3 purpose, whichever is greater; and 4 ‘‘(B) the total amount appropriated for the 5 fiscal year for water pollution control revolving 6 funds under title VI of the Federal Water Pol- 7 lution Control Act is less than either the 8 amount made available for such purpose for fis- 9 cal year 2018, or 105 percent of the previous 10 fiscal year’s appropriation for such purpose, 11 whichever is greater. 12 ‘‘(3) INCLUSION IN AGREEMENT.—If the Ad- 13 ministrator provides financial assistance to a State 14 infrastructure financing authority under section 15 5029 using funds made available pursuant to this 16 subsection, the Administrator shall specify in the 17 agreement under such section the amount of such 18 assistance that is attributable to such funds.’’. 19 (c) ADMINISTRATION OF WIFIA PROGRAM.—Section 20 5030 of the Water Resources Reform and Development 21 Act of 2014 (33 U.S.C. 3909), as amended by subsection 22 (b), is further amended by inserting after subsection (f) 23 the following: 24 ‘‘(g) AGREEMENTS.— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00294 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 295 1 ‘‘(1) IN to paragraphs (3) 2 and (4), the Administrator may enter into an agree- 3 ment with another relevant Federal agency to pro- 4 vide assistance in administering and servicing Fed- 5 eral credit instruments that such agency is author- 6 ized to make available. 7 ‘‘(2) DUTIES.—The Administrator may act as 8 an agent for the head of another Federal agency 9 under paragraph (1), subject to the terms of any 10 agreement entered into by the Administrator and the 11 head of such other agency under such clause. 12 ‘‘(3) TRANSFER OF FUNDS.—The authority of 13 the Administrator to provide assistance under para- 14 graph (1) is subject to— 15 ‘‘(A) the availability of funds appropriated 16 to the other Federal agency that may be trans- 17 ferred to the Administrator to carry out an 18 agreement entered into under paragraph (1); 19 and 20 ‘‘(B) the transfer of such funds to the Ad- 21 ministrator to carry out such an agreement. 22 ‘‘(4) LIMITATION.—Nothing in this subsection 23 affects the authority of the Administrator with re- 24 spect to the selection of projects described in para- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—Subject 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00295 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 296 1 graphs (1), (8), or (10) of section 5026 to receive 2 financial assistance under this subtitle.’’. 3 (d) REPORTS 4 TION.—Section ON PILOT PROGRAM IMPLEMENTA- 5034 of the Water Resources Reform and 5 Development Act of 2014 (33 U.S.C. 3913) is amended— 6 (1) 7 in the section heading, by striking ‘‘PILOT’’; and 8 (2) in subsection (b)(1), by striking ‘‘4 years 9 after the date of enactment of this Act’’ and insert- 10 ing ‘‘3 years after the date of enactment of the 11 Water Resources Development Act of 2018’’. 12 Subtitle C—Miscellaneous 13 SEC. 4301. AGREEMENT WITH COMMISSIONER OF REC- 14 LAMATION. 15 Not later than 1 year after the date of enactment 16 of this Act, the Administrator of the Environmental Pro17 tection Agency and the Commissioner of Reclamation shall 18 enter into an agreement under section 5030(g) of the 19 Water Infrastructure Finance and Innovation Act (as 20 added by this Act). 21 SEC. 4302. SNAKE RIVER BASIN FLOOD PREVENTION AC- 22 23 TION PLAN. (a) IN GENERAL.—As soon as practicable after the 24 date of enactment of this Act, the Commissioner of Rec25 lamation, in consultation with the Secretary of the Army, g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00296 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 297 1 shall develop a flood prevention action plan for each State 2 or portion of a State within the Snake River Basin. 3 (b) REQUIREMENTS.—A flood prevention action plan 4 developed under subsection (a) shall— 5 (1) focus on the areas most likely to experience 6 flooding within the 2 years following the date of en- 7 actment of this Act; 8 9 (2) include steps to manage and reduce flood risks within the Snake River Basin; and 10 (3) include a description of the actions the Sec- 11 retary and the Commissioner of Reclamation plan to 12 take to improve coordination with local stakeholders 13 to help manage and reduce flood risks in the areas 14 described in paragraph (1). 15 (c) SUBMISSION.—Not later than 180 days after the 16 date of enactment of this Act, after coordinating with local 17 stakeholders, the Commissioner of Reclamation shall sub18 mit to the Committee on Environment and Public Works 19 and the Committee on Energy and Natural Resources of 20 the Senate, and the Committee on Transportation and In21 frastructure and the Committee on Natural Resources of 22 the House of Representatives, the flood prevention plans 23 developed under subsection (a). g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00297 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 298 1 SEC. 4303. GAO AUDIT OF CONTRACTS AND TAINTER GATE 2 3 REPAIRS OF HARLAN COUNTY DAM. (a) IN GENERAL.—Not later than 180 days after the 4 date of enactment of this Act, the Comptroller General 5 of the United States shall— 6 (1) conduct an audit of the extraordinary main- 7 tenance repayment contracts No. 16XX630077 and 8 No. 16XX630076 between the United States and 9 the Bostwick Division for repairs to the Tainter 10 gates and other features at Harlan County Dam, in- 11 cluding— 12 (A) an examination of whether— 13 (i) the Corps of Engineers should 14 have designated the Tainter gate rehabili- 15 tation as a ‘‘Dam Safety Modification’’, 16 subject to the cost-sharing requirements 17 under section 1203 of the Water Resources 18 Development Act of 1986 (33 U.S.C. 19 467n), instead of an ‘‘extraordinary main- 20 tenance project’’; and 21 (ii) a more appropriate cost share 22 should have applied to the Bostwick Divi- 23 sion; 24 (B) a review of— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00298 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 299 1 (i) the amounts owed by the Bostwick 2 Division to the Bureau of Reclamation; 3 and 4 (ii) any reimbursements owed by the 5 Corps of Engineers to the Bureau of Rec- 6 lamation based on the actual costs of the 7 project after completion; and 8 (C) a review of project designations and 9 cost-share policies of the Bureau of Reclama- 10 tion and other Federal agencies for similar 11 spillway gate repairs; and 12 (2) submit to Congress a report on the results 13 of the audit under paragraph (1). 14 (b) TREATMENT OF PAYMENTS.—Payments made 15 after the date of enactment of this Act by the Bostwick 16 Division to the Bureau of Reclamation under the contracts 17 described in subsection (a)(1) shall be— 18 (1) deposited into a no-year account; and 19 (2) disbursed to the Bureau of Reclamation 20 upon submission of the report under subsection 21 (a)(2). 22 SEC. 4304. WATER INFRASTRUCTURE AND WORKFORCE IN- 23 24 VESTMENT. (a) SENSE OF CONGRESS.—It is the sense of Con- 25 gress that— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00299 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 300 1 (1) water and wastewater utilities provide a 2 unique opportunity for access to stable, high-quality 3 careers; 4 (2) as water and wastewater utilities make crit- 5 ical investments in infrastructure, water and waste- 6 water utilities can invest in the development of local 7 workers and local small businesses to strengthen 8 communities and ensure a strong pipeline of skilled 9 and diverse workers for today and tomorrow; and 10 (3) to further the goal of ensuring a strong 11 pipeline of skilled and diverse workers in the water 12 and wastewater utilities sector, Congress urges— 13 (A) increased collaboration among Federal, 14 State, and local governments; and 15 (B) institutions of higher education, ap- 16 prentice programs, high schools, and other com- 17 munity-based organizations to align workforce 18 training programs and community resources 19 with water and wastewater utilities to accelerate 20 career pipelines and provide access to workforce 21 opportunities. 22 23 (b) INNOVATIVE WATER INFRASTRUCTURE WORKFORCE 24 25 (1) GRANTS 21:04 Sep 10, 2018 AUTHORIZED.—The Administrator of the Environmental Protection Agency (referred to g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 DEVELOPMENT PROGRAM.— Jkt 000000 (705684 4) PO 00000 Frm 00300 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 301 1 in this section as the ‘‘Administrator’’), in consulta- 2 tion with the Secretary of Agriculture, shall establish 3 a competitive grant program— 4 (A) to assist the development and utiliza- 5 tion of innovative activities relating to work- 6 force development and career opportunities in 7 the water utility sector; and 8 (B) to expand public awareness about 9 water utilities and connect individuals to ca- 10 reers in the water utility sector. 11 (2) SELECTION GRANT RECIPIENTS.—In 12 awarding grants under paragraph (1), the Adminis- 13 trator shall, to the extent practicable, select non- 14 profit professional or service organizations, labor or- 15 ganizations, community colleges, institutions of high- 16 er education, or other training and educational insti- 17 tutions— 18 (A) that have qualifications and experi- 19 ence— 20 (i) in the development of training pro- 21 grams and curricula relevant to workforce 22 needs of water utilities; 23 (ii) working in cooperation with water 24 utilities; or g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 OF 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00301 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 302 1 (iii) developing public education mate- 2 rials appropriate for communicating with 3 groups of different ages and educational 4 backgrounds; and 5 (B) that will address the human resources 6 and workforce needs of water utilities that— 7 (i) are geographically diverse; 8 (ii) are of varying sizes; and 9 (iii) serve urban, suburban, and rural 10 populations. 11 (3) USE awarded under 12 paragraph (1) may be used for activities such as— 13 (A) targeted internship, apprenticeship, 14 pre-apprenticeship, and post-secondary bridge 15 programs for skilled water utility trades that 16 provide— 17 (i) on-the-job training; 18 (ii) skills development; 19 (iii) test preparation for skilled trade 20 apprenticeships; 21 (iv) advance training in the water util- 22 ity sector relating to construction, utility 23 operations, treatment and distribution, 24 green 25 maintenance, and engineering; or g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 OF FUNDS.—Grants 21:04 Sep 10, 2018 Jkt 000000 infrastructure, customer service, (705684 4) PO 00000 Frm 00302 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 303 1 (v) other support services to facilitate 2 post-secondary success; 3 (B) education programs designed for ele- 4 mentary, secondary, and higher education stu- 5 dents that— 6 (i) inform people about the role of 7 water and wastewater utilities in their 8 communities; 9 (ii) increase the awareness of career 10 opportunities and exposure of students to 11 water utility careers through various work- 12 based learning opportunities inside and 13 outside the classroom; and 14 (iii) connect students to career path- 15 ways related to water utilities; 16 (C) regional industry and workforce devel- 17 opment collaborations to address water utility 18 employment needs and coordinate candidate de- 19 velopment, particularly in areas of high unem- 20 ployment or for water utilities with a high pro- 21 portion of retirement eligible employees; 22 (D) integrated learning laboratories in sec- 23 ondary educational institutions that provide 24 students with— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00303 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 304 1 (i) hands-on, contextualized learning 2 opportunities; 3 (ii) dual enrollment credit for post- 4 secondary education and training pro- 5 grams; and 6 (iii) direct connection to industry em- 7 ployers; and 8 (E) leadership development, occupational 9 training, mentoring, or cross-training programs 10 that ensure that incumbent water and waste 11 water utilities workers are prepared for higher 12 level supervisory or management-level positions. 13 (4) AUTHORIZATION OF APPROPRIATIONS.— 14 There is authorized to be appropriated to carry out 15 this subsection $1,000,000 for each of fiscal years 16 2019 and 2020. 17 SEC. 4305. REGIONAL LIAISONS FOR MINORITY, TRIBAL, 18 19 AND LOW-INCOME COMMUNITIES. (a) IN GENERAL.—The Administrator of the Envi- 20 ronmental Protection Agency (referred to in this section 21 as the ‘‘Administrator’’) shall assign at least 1 employee 22 in each regional office of the Environmental Protection 23 Agency to serve as a liaison to minority, Tribal, and low24 income communities in the relevant region. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00304 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 305 1 (b) PUBLIC IDENTIFICATION.—The Administrator 2 shall identify each regional liaison assigned under sub3 section (a) on the internet website of— 4 (1) the relevant regional office of the Environ- 5 mental Protection Agency; and 6 (2) the Office of Environmental Justice of the 7 8 Environmental Protection Agency. SEC. 4306. WATERSENSE. 9 (a) WATERSENSE.—The Energy Policy and Con- 10 servation Act (42 U.S.C. 6201 et seq.) is amended by add11 ing after section 324A the following: 12 ‘‘SEC. 324B. WATERSENSE PROGRAM. 13 ‘‘(a) 14 GRAM.— 15 ESTABLISHMENT ‘‘(1) IN WATERSENSE GENERAL.—There PRO- is established within 16 the Environmental Protection Agency a voluntary 17 program, to be known as the WaterSense program, 18 to identify and promote water-efficient products, 19 buildings, landscapes, facilities, processes, and serv- 20 ices in order to, through voluntary labeling of, or 21 other forms of communications regarding, such 22 products, buildings, landscapes, facilities, processes, 23 and services while meeting strict performance cri- 24 teria, sensibly— 25 ‘‘(A) reduce water use; g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 OF 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00305 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 306 1 ‘‘(B) reduce the strain on public water sys- 2 tems, community water systems, and waste- 3 water and stormwater infrastructure; 4 ‘‘(C) conserve energy used to pump, heat, 5 transport, and treat water; and 6 ‘‘(D) preserve water resources for future 7 generations. 8 ‘‘(2) of products, 9 buildings, landscapes, facilities, processes, and serv- 10 ices that may be included under the program in- 11 clude— 12 ‘‘(A) irrigation technologies and services; 13 ‘‘(B) point-of-use water treatment devices; 14 ‘‘(C) plumbing products; 15 ‘‘(D) water reuse and recycling tech- 16 nologies; 17 ‘‘(E) landscaping and gardening products, 18 including moisture control or water enhancing 19 technologies; 20 ‘‘(F) xeriscaping and other landscape con- 21 versions that reduce water use; 22 ‘‘(G) whole house humidifiers; and 23 ‘‘(H) water-efficient buildings or facilities. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 INCLUSIONS.—Categories 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00306 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 307 1 ‘‘(b) DUTIES.—The Administrator of the Environ- 2 mental Protection Agency, in coordination with the Sec3 retary of Energy as appropriate, shall— 4 ‘‘(1) establish— 5 ‘‘(A) a WaterSense label to be used for 6 products, buildings, landscapes, facilities, proc- 7 esses, and services meeting the certification cri- 8 teria established pursuant to this section; and 9 ‘‘(B) the procedure, including the methods 10 and means, and criteria by which products, 11 buildings, landscapes, facilities, processes, and 12 services may be certified to display the 13 WaterSense label; 14 ‘‘(2) enhance public awareness regarding the 15 WaterSense label through outreach and public edu- 16 cation; 17 18 ‘‘(3) preserve the integrity of the WaterSense label by— 19 ‘‘(A) establishing and maintaining feasible 20 performance criteria so that products, build- 21 ings, landscapes, facilities, processes, and serv- 22 ices certified to display the WaterSense label 23 perform as well or better than less water-effi- 24 cient counterparts; g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00307 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 308 1 ‘‘(B) overseeing WaterSense certifications 2 made by third parties, which shall be inde- 3 pendent third-party product certification bodies 4 accredited by an accreditation entity domiciled 5 in the United States; 6 ‘‘(C) using testing protocols, from the ap- 7 propriate, applicable, and relevant consensus 8 standards, for the purpose of determining com- 9 pliance with performance criteria; and 10 ‘‘(D) auditing the use of the WaterSense 11 label in the marketplace and preventing cases of 12 misuse; 13 ‘‘(4) not more frequently than every 6 years 14 after adoption or major revision of any WaterSense 15 performance criteria, review and, if appropriate, re- 16 vise the performance criteria to achieve additional 17 water savings; 18 ‘‘(5) in revising any WaterSense criteria— 19 ‘‘(A) provide reasonable notice to inter- 20 ested parties and the public of any changes, in- 21 cluding effective dates, and an explanation of 22 the changes; 23 ‘‘(B) solicit comments from interested par- 24 ties and the public prior to any changes; g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00308 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 309 1 ‘‘(C) as appropriate, respond to comments 2 submitted by interested parties and the public; 3 and 4 ‘‘(D) provide an appropriate transition 5 time prior to the applicable effective date of any 6 changes, taking into account the timing nec- 7 essary for the manufacture, marketing, train- 8 ing, and distribution of the specific product, 9 building, landscape, process, or service category 10 being addressed; and 11 ‘‘(6) not later than December 31, 2019, con- 12 sider for review and revise, if necessary, any 13 WaterSense performance criteria adopted before 14 January 1, 2012. 15 ‘‘(c) TRANSPARENCY.—The Administrator of the En- 16 vironmental Protection Agency shall, to the extent prac17 ticable and not less than annually, estimate and make 18 available to the public the relative water and energy sav19 ings attributable to the use of WaterSense-labeled prod20 ucts, buildings, landscapes, facilities, processes, and serv21 ices. 22 ‘‘(d) DISTINCTION OF AUTHORITIES.—In setting or 23 maintaining specifications and criteria for Energy Star 24 pursuant to section 324A, and WaterSense under this sec25 tion, the Secretary of Energy and the Administrator of g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00309 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 310 1 the Environmental Protection Agency shall coordinate to 2 prevent duplicative or conflicting requirements among the 3 respective programs. 4 ‘‘(e) NO WARRANTY.—A WaterSense label shall not 5 create any express or implied warranty. 6 ‘‘(f) METHODS FOR ESTABLISHING PERFORMANCE 7 CRITERIA.—In establishing performance criteria for prod8 ucts, buildings, landscapes, facilities, processes, or services 9 pursuant to this section, the Administrator of the Envi10 ronmental Protection Agency shall use technical specifica11 tions and testing protocols established by voluntary con12 sensus standards organizations relevant to specific prod13 ucts, buildings, landscapes, facilities, processes, or serv14 ices, as appropriate. 15 ‘‘(g) DEFINITION OF FEASIBLE.—The term ‘feasible’ 16 means feasible with the use of the best technology, tech17 niques, and other means that the Administrator of the En18 vironmental Protection Agency finds, after examination 19 for efficacy under field conditions and not solely under lab20 oratory conditions, are available (taking cost into consider21 ation).’’. 22 (b) TABLE OF CONTENTS.—The table of contents for 23 the Energy Policy and Conservation Act is amended by 24 adding after the item relating to section 324A the fol25 lowing: ‘‘Sec. 324B. WaterSense program.’’. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00310 Fmt 6652 Sfmt 6211 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 311 1 SEC. 4307. PREDATORY AND OTHER WILD ANIMALS. 2 Section 1 of the Act of March 2, 1931 (46 Stat. 3 1468, chapter 370; 7 U.S.C. 8351) is amended— 4 (1) in the second sentence, by striking ‘‘The 5 Secretary’’ and inserting the following: 6 ‘‘(b) ADMINISTRATION.—The Secretary’’; 7 (2) in the first sentence, by striking ‘‘The Sec- 8 retary’’ and inserting the following: 9 ‘‘(a) IN GENERAL.—The Secretary’’; and 10 11 (3) by adding at the end the following: ‘‘(c) ACTION BY FWS.—The Director of the United 12 States Fish and Wildlife Service shall use the most expedi13 tious procedure practicable to process and administer per14 mits for take of— 15 ‘‘(1) a depredating eagle under the Act of June 16 8, 1940 (commonly known as the ‘Bald Eagle Pro- 17 tection Act’) (54 Stat. 250, chapter 278; 16 U.S.C. 18 668 et seq.), or sections 22.11 through 22.32of title 19 50, Code of Federal Regulations (or successor regu- 20 lations) (including depredation of livestock, wildlife, 21 and species protected under the Endangered Species 22 Act of 1973 (16 U.S.C. 1531 et seq.) or any other 23 Federal management program); or 24 ‘‘(2) a migratory bird included on the list under 25 section 10.13 of title 50, Code of Federal Regula- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 312 1 tions (or successor regulations) that is posing a con- 2 flict.’’. 3 SEC. 4308. KLAMATH PROJECT WATER AND POWER. 4 (a) ADDRESSING WATER MANAGEMENT 5 COSTS FOR AND POWER IRRIGATION.—The Klamath Basin Water 6 Supply Enhancement Act of 2000 (Public Law 106–498; 7 114 Stat. 2221) is amended— 8 (1) by redesignating sections 4 through 6 as 9 sections 5 through 7, respectively; and 10 11 (2) by inserting after section 3 the following: ‘‘SEC. 4. POWER AND WATER MANAGEMENT. 12 ‘‘(a) DEFINITIONS.—In this section: 13 ‘‘(1) COVERED term ‘covered 14 power use’ means a use of power to develop or man- 15 age water from any source for irrigation, wildlife 16 purposes, or drainage on land that is— 17 ‘‘(A) associated with the Klamath Project, 18 including land within a unit of the National 19 Wildlife Refuge System that receives water due 20 to the operation of Klamath Project facilities; 21 or 22 ‘‘(B) irrigated by the class of users covered 23 by the agreement dated April 30, 1956, be- 24 tween the California Oregon Power Company 25 and Klamath Basin Water Users Protective As- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 POWER USE.—The 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00312 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 313 1 sociation and within the Off Project Area (as 2 defined in the Upper Basin Comprehensive 3 Agreement entered into on April 18, 2014), 4 only if each applicable owner and holder of a 5 possessory interest of the land is a party to that 6 agreement (or a successor agreement that the 7 Secretary determines provides a comparable 8 benefit to the United States). 9 ‘‘(2) KLAMATH 10 ‘‘(A) IN GENERAL.—The term ‘Klamath 11 Project’ means the Bureau of Reclamation 12 project in the States of California and Oregon. 13 ‘‘(B) INCLUSIONS.—The term ‘Klamath 14 Project’ includes any dam, canal, or other 15 works or interests for water diversion, storage, 16 delivery, and drainage, flood control, or any 17 similar function that is part of the project de- 18 scribed in subparagraph (A). 19 ‘‘(3) POWER COST BENCHMARK.—The term 20 ‘power cost benchmark’ means the average net deliv- 21 ered cost of power for irrigation and drainage at 22 Reclamation projects in the area surrounding the 23 Klamath Project that are similarly situated to the 24 Klamath Project, including Reclamation projects 25 that— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 PROJECT.— 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 314 1 ‘‘(A) are located in the Pacific Northwest; 2 and 3 ‘‘(B) receive project-use power. 4 5 ‘‘(b) ACTIVITIES AND DROUGHT RE- SPONSE.— 6 ‘‘(1) IN GENERAL.—Pursuant to the reclama- 7 tion laws and subject to appropriations and required 8 environmental reviews, the Secretary may carry out 9 activities, including entering into a contract or mak- 10 ing financial assistance available through cooperative 11 agreements or other methods— 12 ‘‘(A) to plan, implement, and administer 13 programs to align water supplies and demand 14 for irrigation water users associated with the 15 Klamath Project, with a primary emphasis on 16 programs developed or endorsed by local enti- 17 ties comprised of representatives of those water 18 users; 19 ‘‘(B) Expenditures under this paragraph 20 shall not exceed $10 million on an average an- 21 nual basis. 22 ‘‘(2) 2018 DROUGHT RESPONSE.—All disburse- 23 ments made or to be made based on actions ap- 24 proved by the Secretary under Contract Numbers 25 18-WC-20-5322 and 18-WC-20-5323 are authorized. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 WATER 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00314 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 315 1 2 ‘‘(3) REQUIREMENTS.—The Secretary shall ensure that the activities under this subsection— 3 ‘‘(A) do not foster groundwater use that 4 results in groundwater level declines that, based 5 on existing data from the United States Geo- 6 logical Survey, are more than appropriate in a 7 critically dry year, taking into consideration the 8 long-term sustainability of aquifers; 9 ‘‘(B) do not adversely affect compliance 10 with applicable laws protecting fishery resources 11 in Upper Klamath Lake and the Klamath 12 River. 13 ‘‘(4) CONVEYANCE 14 ‘‘(A) IN GENERAL.—Subject to subpara- 15 graphs (B) and (C), any entity operating under 16 a contract entered into with the United States 17 for the operation and maintenance of any 18 Klamath Project works or facility, and any enti- 19 ty operating any works or facility not owned by 20 the United States that receives Klamath Project 21 water, may use, without any additional Federal 22 contract, permit, or other authorization, any 23 Klamath Project works or facility to convey 24 non-Klamath Project water for any authorized 25 purpose of the Klamath Project. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 OF NON-PROJECT WATER.— 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00315 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 316 1 ‘‘(B) PERMITS; use of 2 water pursuant to subparagraph (A) (including 3 an addition or conveyance of water) shall be 4 subject to the requirements that— 5 ‘‘(i) the applicable entity shall secure 6 all permits required under State or local 7 law; and 8 ‘‘(ii) as applicable— 9 ‘‘(I) all water delivered into and 10 taken out of a Klamath Project works 11 or facility pursuant to that subpara- 12 graph shall be measured; and 13 ‘‘(II) any irrigation district con- 14 veying water shall ensure that only 15 the land authorized to receive water 16 under applicable State law shall re- 17 ceive, and put to beneficial use, the 18 water, in accordance with the applica- 19 ble State law and any associated 20 terms and conditions. 21 ‘‘(C) LIMITATION.—A use of non-Klamath 22 Project water under this paragraph shall not— 23 ‘‘(i) adversely affect the delivery of 24 water to any water user or land served by 25 the Klamath Project; or g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 MEASUREMENT.—A 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00316 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 317 1 ‘‘(ii) result in any additional cost to 2 the United States. 3 4 ‘‘(4) EFFECT in this subsection authorizes the Secretary— 5 ‘‘(A) to develop or construct new facilities 6 for the Klamath Project without appropriate 7 approval from Congress under section 9 of the 8 Reclamation Projects Act of 1939 (43 U.S.C. 9 485h); or 10 ‘‘(B) to carry out activities that have not 11 12 otherwise been authorized. ‘‘(c) REDUCING POWER COSTS.— 13 ‘‘(1) IN GENERAL.—Not later than 180 days 14 after the date of enactment of America’s Water In- 15 frastructure Act of 2018, the Secretary, in consulta- 16 tion with interested irrigation interests that are eli- 17 gible for covered power use and organizations rep- 18 resentative of those interests, shall submit to the 19 Committee on Energy and Natural Resources of the 20 Senate and the Committee on Natural Resources of 21 the House of Representatives a report that— 22 ‘‘(A) identifies the power cost benchmark; 23 and 24 ‘‘(B) recommends actions (other than di- 25 rect payments to persons making covered power g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 OF SUBSECTION.—Nothing 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00317 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 318 1 uses or to other entities for the purposes of 2 subsidizing power rates) that, in the judgment 3 of the Secretary, are necessary and appropriate 4 to ensure that the net delivered power cost for 5 covered power use is equal to or less than the 6 power cost benchmark, including a description 7 of— 8 ‘‘(i) actions— 9 ‘‘(I) to immediately reduce power 10 costs; and 11 ‘‘(II) to ensure that the net deliv- 12 ered power cost for covered power use 13 is equal to, or less than, the power 14 cost benchmark in the near term, 15 while longer-term actions are being 16 implemented; 17 ‘‘(ii) actions that prioritize— 18 ‘‘(I) water and power conserva- 19 tion and efficiency measures that 20 could assist in achieving the power 21 cost benchmark; 22 ‘‘(II) to the extent actions involv- 23 ing the development or acquisition of 24 power generation are included, renew- g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00318 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 319 1 able energy technologies (including 2 hydropower); and 3 ‘‘(III) regional economic develop- 4 ment; 5 ‘‘(iii) the potential costs and timeline 6 for the actions recommended under this 7 subparagraph; 8 ‘‘(iv) provisions for modifying the ac- 9 tions and timeline to adapt to new infor- 10 mation or circumstances; and 11 ‘‘(v) a description of public input re- 12 garding the proposed actions, including— 13 ‘‘(I) input from water users that 14 have covered power use; and 15 ‘‘(II) the degree to which those 16 water users concur with the rec- 17 ommendations.’’. 18 (b) EFFECT.—None of the amendments made by this 19 section— 20 (1) modify any authority or obligation of the 21 United States with respect to any tribal trust or 22 treaty obligation of the United States; 23 (2) create or determine any water right or af- 24 fects any water right or water right claim in exist- 25 ence on the date of enactment of this Act; or g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00319 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 320 1 (3) authorize the use of Federal funds for the 2 physical deconstruction of the Iron Gate, Copco 1, 3 Copco 2, or John C. Boyle Dam located on the 4 Klamath River in the States of California and Or- 5 egon. 6 SEC. 4309. CERTAIN BUREAU OF RECLAMATION DIKES. 7 (a) IN GENERAL.—Notwithstanding any other provi- 8 sion of law (including regulations), effective beginning on 9 the date of enactment of this section, the Federal share 10 of the operations and maintenance costs of a dike de11 scribed in subsection (b) shall be 100 percent. 12 (b) DESCRIPTION OF DIKES.—A dike referred to in 13 subsection (a) is a dike— 14 15 (1) that is owned by the Bureau of Reclamation on the date of enactment of this section; 16 17 (2) the construction of which was completed not later than December 31, 1945; 18 19 (3) a corrective action study for which was completed not later than December 31, 2015; and 20 (4) the construction of which was authorized by 21 the Act of June 28, 1938 (52 Stat. 1215, chapter 22 795). g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00320 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 321 1 SEC. 4310. AUTHORITY TO MAKE ENTIRE ACTIVE CAPACITY 2 OF 3 FOR USE. 4 FONTENELLE RESERVOIR AVAILABLE (a) IN GENERAL.—The Secretary of the Interior (re- 5 ferred to in this section as the ‘‘Secretary’’), in coopera6 tion with the State of Wyoming, may amend the Definite 7 Plan Report for the Seedskadee Project authorized under 8 the first section of the Act of April 11, 1956 (commonly 9 known as the ‘‘Colorado River Storage Project Act’’) (43 10 U.S.C. 620), to provide for the study, design, planning, 11 and construction activities that will enable the use of all 12 active storage capacity (as may be defined or limited by 13 legal, hydrologic, structural, engineering, economic, and 14 environmental considerations) of Fontenelle Dam and 15 Reservoir, including the placement of sufficient riprap on 16 the upstream face of Fontenelle Dam to allow the active 17 storage capacity of Fontenelle Reservoir to be used for 18 those purposes for which the Seedskadee Project was au19 thorized. 20 (b) COOPERATIVE AGREEMENTS.— 21 (1) IN Secretary may enter 22 into any contract, grant, cooperative agreement, or 23 other agreement that is necessary to carry out sub- 24 section (a). 25 (2) STATE g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—The 21:04 Sep 10, 2018 Jkt 000000 OF WYOMING.— (705684 4) PO 00000 Frm 00321 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 322 1 (A) IN Secretary shall 2 enter into a cooperative agreement with the 3 State of Wyoming to work in cooperation and 4 collaboratively with the State of Wyoming for 5 planning, design, related preconstruction activi- 6 ties, and construction of any modification of the 7 Fontenelle Dam under subsection (a). 8 (B) REQUIREMENTS.—The cooperative 9 agreement under subparagraph (A) shall, at a 10 minimum, specify the responsibilities of the 11 Secretary and the State of Wyoming with re- 12 spect to— 13 (i) completing the planning and final 14 design 15 Fontenelle Dam under subsection (a); of the modification of the 16 (ii) any environmental and cultural re- 17 source compliance activities required for 18 the modification of the Fontenelle Dam 19 under subsection (a) including compliance 20 with— 21 (I) the National Environmental 22 Policy Act of 1969 (42 U.S.C. 4321 23 et seq.); 24 (II) the Endangered Species Act 25 of 1973 (16 U.S.C. 1531 et seq.); and g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—The 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00322 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 323 1 (III) subdivision 2 of division A 2 of subtitle III of title 54, United 3 States Code; and 4 (iii) the construction of the modifica- 5 tion of the Fontenelle Dam under sub- 6 section (a). 7 (c) FUNDING BY STATE OF WYOMING.—Pursuant to 8 the Act of March 4, 1921 (41 Stat. 1404, chapter 161; 9 43 U.S.C. 395), and as a condition of providing any addi10 tional storage under subsection (a), the State of Wyoming 11 shall provide to the Secretary funds for any work carried 12 out under subsection (a). 13 (d) OTHER CONTRACTING AUTHORITY.— 14 (1) IN Secretary may enter 15 into contracts with the State of Wyoming, on such 16 terms and conditions as the Secretary and the State 17 of Wyoming may agree, for division of any addi- 18 tional active capacity made available under sub- 19 section (a). 20 (2) TERMS AND CONDITIONS.—Unless other- 21 wise agreed to by the Secretary and the State of 22 Wyoming, a contract entered into under paragraph 23 (1) shall be subject to the terms and conditions of 24 Bureau of Reclamation Contract No. 14–06–400– g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—The 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00323 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 324 1 2474 and Bureau of Reclamation Contract No. 14– 2 06–400–6193. 3 (e) SAVINGS PROVISIONS.—Unless expressly provided 4 in this section, nothing in this section modifies, conflicts 5 with, preempts, or otherwise affects— 6 7 (1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.); 8 (2) the Colorado River Compact of 1922, as ap- 9 proved by the Presidential Proclamation of June 25, 10 1929 (46 Stat. 3000); 11 12 (3) the Boulder Canyon Project Adjustment Act (43 U.S.C. 618 et seq.); 13 (4) the Treaty between the United States of 14 America and Mexico relating to the utilization of wa- 15 ters of the Colorado and Tijuana Rivers and of the 16 Rio Grande, and supplementary protocol signed No- 17 vember 14, 1944, signed at Washington February 3, 18 1944 (59 Stat. 1219); 19 (5) the Upper Colorado River Basin Compact 20 as consented to by the Act of April 6, 1949 (63 21 Stat. 31); 22 (6) the Act of April 11, 1956 (commonly known 23 as the ‘‘Colorado River Storage Project Act’’) (43 24 U.S.C. 620 et seq.); g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00324 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 325 1 (7) the Colorado River Basin Project Act (Pub- 2 lic Law 90–537; 82 Stat. 885); or 3 (8) any State of Wyoming or other State water 4 5 law. SEC. 4311. BLACKFEET WATER RIGHTS SETTLEMENT. 6 (a) BLACKFEET SETTLEMENT TRUST FUND.—Sec- 7 tion 3716(e) of the Water Infrastructure Improvements 8 for the Nation Act (130 Stat. 1835) is amended— 9 (1) in paragraph (2), by striking ‘‘appropria- 10 tions,’’ and all that follows through the period at the 11 end and inserting the following: ‘‘appropriations, the 12 following amounts shall be made available to the 13 Tribe for implementation of this subtitle: 14 ‘‘(A) 50 percent of the amounts in the Ad- 15 ministration and Energy Account. 16 ‘‘(B) 50 percent of the amounts in the 17 OM&R Account. 18 ‘‘(C) 50 percent of the amounts in the St. 19 Mary Account. 20 ‘‘(D) 50 percent of the amounts in the 21 Blackfeet Water, Storage, and Development 22 Projects Account.’’; and 23 (2) by adding at the end the following: 24 ‘‘(3) AVAILABILITY.— g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00325 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 326 1 ‘‘(A) IN GENERAL.—Except as provided in 2 subparagraph (B), none of the funds deposited 3 in the Trust Fund in fiscal year 2018 shall be 4 available for expenditure in accordance with 5 this subsection until the enforceability date. 6 ‘‘(B) EXCEPTION.—Notwithstanding sub- 7 paragraph (A), of the funds in the Administra- 8 tion and Energy Account, $4,800,000 shall be 9 available to the Tribe for the implementation of 10 this subtitle.’’. 11 12 (b) BLACKFEET WATER SETTLEMENT IMPLEMENTAFUND.—Section 3717(e) of the Water Infrastruc- TION 13 ture Improvements for the Nation Act (130 Stat. 1837) 14 is amended— 15 16 (1) by striking ‘‘Amounts in’’ and inserting the following: 17 ‘‘(1) IN 18 (2) by adding at the end the following: 19 ‘‘(2) FUNDING 20 TIES.—Notwithstanding 21 amounts shall be available to the Secretary for the 22 implementation of this subtitle: in’’; and FOR IMPLEMENTATION ACTIVI- paragraph (1), the following 23 ‘‘(A) 50 percent of the amounts in the 24 MR&I System, Irrigation, and Water Storage 25 Account to carry out section 3711. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 GENERAL.—Amounts 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00326 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 327 1 ‘‘(B) 50 percent of the amounts in the 2 MR&I System, Irrigation, and Water Storage 3 Account to carry out section 3712. 4 ‘‘(C) 50 percent of the amounts in the 5 Blackfeet Irrigation Project Deferred Mainte- 6 nance and Four Horns Dam Safety Improve- 7 ments Account to carry out section 3710(c). 8 ‘‘(D) The amounts in the Blackfeet Irriga- 9 tion Project Deferred Maintenance and Four 10 Horns Dam Safety Improvements Account to 11 carry out section 3710(d). 12 ‘‘(E) From the St. Mary/Water Milk Man- 13 agement and Activities Account: 14 ‘‘(i) 50 percent of the amount de- 15 scribed in section 3707(g)(1) to carry out 16 section 3707(c). 17 ‘‘(ii) 50 percent of the amount de- 18 scribed in section 3707(g)(2) to carry out 19 section 3707(d). 20 ‘‘(iii) The amount described in section 21 3707(g)(3) to carry out subsection (f). 22 ‘‘(iv) The amounts in the Account to 23 carry out section 3705. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00327 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 328 1 ‘‘(3) AVAILABILITY.—None of the funds made 2 available under this section in fiscal year 2018 shall 3 be available until the enforceability date.’’. 4 (c) TECHNICAL CORRECTIONS.—Section 3720 of the 5 Water Infrastructure Improvements for the Nation Act 6 (130 Stat. 1839) is amended— 7 (1) in subsection (a)(3)(B), by striking ‘‘section 8 3706’’ and inserting ‘‘section 6’’; and 9 (2) in subsection (h), in the matter preceding 10 paragraph (1), by striking ‘‘January 21, 2026’’ and 11 inserting ‘‘January 21, 2025’’. 12 SEC. 4312. INDIAN IRRIGATION FUND REAUTHORIZATION. 13 (a) DEPOSITS TO FUNDS.—Section 3212(a) of the 14 Water Infrastructure Improvements for the Nation Act 15 (130 Stat. 1750) is amended by striking ‘‘each of fiscal 16 years 2017 through 2021’’ and inserting ‘‘each of fiscal 17 years 2017 through 2028’’. 18 (b) EXPENDITURES FROM FUND.—Section 3213(a) 19 of the Water Infrastructure Improvements for the Nation 20 Act (130 Stat. 1750) is amended in the matter preceding 21 paragraph (1) by striking ‘‘each of fiscal years 2017 22 through 2021’’ and inserting ‘‘each of fiscal years 2017 23 through 2028’’. 24 (c) TERMINATION.—Section 3216 of the Water Infra- 25 structure Improvements for the Nation Act (130 Stat. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00328 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 329 1 1750) is amended in the matter preceding paragraph (1) 2 by striking ‘‘September 30, 2021’’ and inserting ‘‘Sep3 tember 30, 2028’’. 4 SEC. 4313. REAUTHORIZATION OF REPAIR, REPLACEMENT, 5 AND MAINTENANCE OF CERTAIN INDIAN IR- 6 RIGATION PROJECTS. 7 (a) IN GENERAL.—Section 3221(b) of the Water In- 8 frastructure Improvements for the Nation Act (130 Stat. 9 1751) is amended in the matter preceding paragraph (1) 10 by striking ‘‘each of fiscal years 2017 through 2021’’ and 11 inserting ‘‘each of fiscal years 2017 through 2028’’. 12 (b) STATUS REPORT ON CERTAIN PROJECTS.—Sec- 13 tion 3224(d) of the Water Infrastructure Improvements 14 for the Nation Act (130 Stat. 1753) is amended in the 15 matter preceding paragraph (1) by striking ‘‘fiscal year 16 2021’’ and inserting ‘‘fiscal year 2028’’. 17 (c) ALLOCATION AMONG PROJECTS.—Section 3226 18 of the Water Infrastructure Improvements for the Nation 19 Act (130 Stat. 1753) is amended— 20 (1) in subsection (a), by striking ‘‘each of fiscal 21 years 2017 through 2021’’ and inserting ‘‘each of 22 fiscal years 2017 through 2028’’; and 23 (2) in subsection (b), by striking ‘‘the day be- 24 fore the date of enactment of this Act’’ and inserting g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00329 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 330 1 ‘‘the day before the date of enactment of America’s 2 Water Infrastructure Act of 2018’’. 3 SEC. 4314. INDIAN DAM SAFETY REAUTHORIZATION. 4 Section 3101 of the Water Infrastructure Improve- 5 ments for the Nation Act (25 U.S.C. 3805) is amended— 6 (1) by striking ‘‘each of fiscal years 2017 7 through 2023’’ each place it appears and inserting 8 ‘‘each of fiscal years 2017 through 2030’’; 9 (2) in subsection (b)— 10 (A) in paragraph (1)(F), in the matter 11 preceding clause (i), by striking ‘‘September 30, 12 2023’’ and inserting ‘‘September 30, 2030’’; 13 and 14 (B) in paragraph (2)(F), in the matter 15 preceding clause (i), by striking ‘‘September 30, 16 2023’’ and inserting ‘‘September 30, 2030’’; 17 and 18 (3) in subsection (f)— 19 (A) in paragraph (2), by striking ‘‘4 20 years’’ and inserting ‘‘11 years’’; and 21 (B) in paragraph (3), by striking ‘‘each of 22 fiscal years 2017, 2018, and 2019’’ and insert- 23 ing ‘‘each of fiscal years 2017 through 2026’’. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00330 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML G:\P\15\EN\WRDA18\S3021_SUS.XML 331 1 SEC. 4315. DIANA E. MURPHY UNITED STATES COURT- 2 HOUSE. 3 (a) DESIGNATION.—The United States courthouse 4 located at 300 South Fourth Street in Minneapolis, Min5 nesota, shall be known and designated as the ‘‘Diana E. 6 Murphy United States Courthouse’’. 7 (b) REFERENCES.—Any reference in a law, map, reg- 8 ulation, document, paper, or other record of the United 9 States to the United States courthouse referred to in sub10 section (a) shall be deemed to be a reference to the ‘‘Diana 11 E. Murphy United States Courthouse’’. Amend the title so as to read: ‘‘An Act to provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, to provide for water pollution control activities, and for other purposes.’’. g:\VHLC\091018\091018.221.xml September 10, 2018 (9:04 p.m.) VerDate 0ct 09 2002 21:04 Sep 10, 2018 Jkt 000000 (705684 4) PO 00000 Frm 00331 Fmt 6652 Sfmt 6201 C:\USERS\KMLIN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\S3021_~1.XML