Text: S.3021 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-270 (10/23/2018)

 
[115th Congress Public Law 270]
[From the U.S. Government Publishing Office]



[[Page 132 STAT. 3765]]

Public Law 115-270
115th Congress

                                 An Act


 
  To provide for improvements to the rivers and harbors of the United 
  States, to provide for the conservation and development of water and 
 related resources, to provide for water pollution control activities, 
      and for other purposes. <<NOTE: Oct. 23, 2018 -  [S. 3021]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: America's Water 
Infrastructure Act of 2018.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 33 USC 2201 note.>>  Short Title.--This Act may be cited 
as ``America's Water Infrastructure Act of 2018''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                  TITLE I--WATER RESOURCES DEVELOPMENT

Sec. 101. Short title.
Sec. 102. Secretary defined.

                     Subtitle A--General Provisions

Sec. 1101. Sense of Congress regarding water resources development 
           bills.
Sec. 1102. Study of the future of the United States Army Corps of 
           Engineers.
Sec. 1103. Study on economic and budgetary analyses.
Sec. 1104. Dissemination of information.
Sec. 1105. Non-Federal engagement and review.
Sec. 1106. Lake Okeechobee regulation schedule review.
Sec. 1107. Access to real estate data.
Sec. 1108. Aquatic invasive species research.
Sec. 1109. Harmful algal bloom technology demonstration.
Sec. 1110. Bubbly Creek, Chicago ecosystem restoration.
Sec. 1111. Dredge pilot program.
Sec. 1112. Hurricane and storm damage protection program.
Sec. 1113. Operation and maintenance of existing infrastructure.
Sec. 1114. Assistance relating to water supply.
Sec. 1115. Property acquisition.
Sec. 1116. Dredged material management plans.
Sec. 1117. Inclusion of project or facility in Corps of Engineers 
           workplan.
Sec. 1118. Geomatic data.
Sec. 1119. Local government reservoir permit review.
Sec. 1120. Transparency and accountability in cost sharing for water 
           resources development projects.
Sec. 1121. Upper Missouri Mainstem Reservoir water withdrawal intake 
           easement review.
Sec. 1122. Limitation on contract execution.
Sec. 1123. Certain levee improvements.
Sec. 1124. Cost-share payment for certain projects.
Sec. 1125. Locks on Allegheny River.
Sec. 1126. Purpose and need.
Sec. 1127. Prior project authorization.
Sec. 1128. Mississippi River and Tributaries Project.
Sec. 1129. Inclusion of Tribal interests in project consultations.
Sec. 1130. Beneficial use of dredged material.
Sec. 1131. Ice jam prevention and mitigation.

[[Page 132 STAT. 3766]]

Sec. 1132. Rehabilitation of Corps of Engineers constructed dams.
Sec. 1133. Columbia River.
Sec. 1134. Missouri River Reservoir sediment management.
Sec. 1135. Reauthorization of lock operations pilot program.
Sec. 1136. Credit or reimbursement.
Sec. 1137. Non-Federal implementation pilot program.
Sec. 1138. Surplus water contracts and water storage agreements.
Sec. 1139. Post-disaster watershed assessments in territories of the 
           United States.
Sec. 1140. Expedited consideration.
Sec. 1141. Project studies subject to independent peer review.
Sec. 1142. Feasibility of Chicago Sanitary and Ship Canal Dispersal 
           Barriers Project, Illinois.
Sec. 1143. Acknowledgment of credit.
Sec. 1144. Levee safety initiative reauthorization.
Sec. 1145. Funding to process permits.
Sec. 1146. Reservoir sediment.
Sec. 1147. Clarification for integral determination.
Sec. 1148. Beneficial use of dredged sediment.
Sec. 1149. Inclusion of alternative measures for aquatic ecosystem 
           restoration.
Sec. 1150. Regional sediment management.
Sec. 1151. Operation and maintenance of navigation and hydroelectric 
           facilities.
Sec. 1152. Study of water resources development projects by non-Federal 
           interests.
Sec. 1153. Construction of water resources development projects by non-
           Federal interests.
Sec. 1154. Corps budgeting; project deauthorizations; comprehensive 
           backlog report.
Sec. 1155. Indian Tribes.
Sec. 1156. Inflation adjustment of cost-sharing provisions for 
           territories and Indian Tribes.
Sec. 1157. Corps of Engineers continuing authorities program.
Sec. 1158. Hurricane and storm damage reduction.
Sec. 1159. Regional coalitions and higher education.
Sec. 1160. Emergency response to natural disasters.
Sec. 1161. Cost and benefit feasibility assessment.
Sec. 1162. Extended community assistance by the Corps of Engineers.
Sec. 1163. Dam safety.
Sec. 1164. Local government water management plans.
Sec. 1165. Structures and facilities constructed by Secretary.
Sec. 1166. Advanced funds for water resources development studies and 
           projects.
Sec. 1167. Costs in excess of Federal participation limit.
Sec. 1168. Disposition of projects.
Sec. 1169. Contributed funds for non-Federal reservoir operations.
Sec. 1170. Watercraft inspection stations.
Sec. 1171. Restricted areas at Corps of Engineers dams.
Sec. 1172. Coastal erosion.
Sec. 1173. Prohibition on surplus water fees, Lake Cumberland Watershed, 
           Kentucky and Tennessee.
Sec. 1174. Middle Rio Grande peak flow restoration.
Sec. 1175. Prohibition of administrative fees in implementing Rough 
           River Lake Flowage Easement Encroachment Resolution Plan.
Sec. 1176. Preconstruction engineering design demonstration program.

                     Subtitle B--Studies and Reports

Sec. 1201. Authorization of proposed feasibility studies.
Sec. 1202. Additional studies.
Sec. 1203. Expedited completion.
Sec. 1204. GAO study on benefit-cost analysis reforms.
Sec. 1205. Harbor Maintenance Trust Fund report.
Sec. 1206. Identification of nonpowered dams for hydropower development.
Sec. 1207. Study on innovative ports for offshore wind development.
Sec. 1208. Innovative materials and advanced technologies report.
Sec. 1209. Study and report on expediting certain waiver processes.
Sec. 1210. Report on debris removal.
Sec. 1211. Corps flood policy within urban areas.
Sec. 1212. Feasibility studies for mitigation of damage.
Sec. 1213. Applications of military leasing authorities.
Sec. 1214. Community engagement.
Sec. 1215. Transparency in administrative expenses.
Sec. 1216. Assessment of harbors and inland harbors.
Sec. 1217. Maintenance of high-risk flood control projects.
Sec. 1218. North Atlantic Division report on hurricane barriers and 
           harbors of refuge.

[[Page 132 STAT. 3767]]

Sec. 1219. Great Lakes coastal resiliency study.
Sec. 1220. McMicken Dam, Arizona, and Muddy River, Massachusetts.
Sec. 1221. Table Rock Lake, Arkansas and Missouri.
Sec. 1222. Forecast-informed reservoir operations.
Sec. 1223. Cedar River, Iowa.
Sec. 1224. Old River control structure, Louisiana.
Sec. 1225. Upper Mississippi River protection.
Sec. 1226. Missouri River.
Sec. 1227. Lower Missouri River bank stabilization and navigation.
Sec. 1228. Coastal Texas study.
Sec. 1229. Report on water supply contract, Wright Patman Lake, Texas.

   Subtitle C--Deauthorizations, Modifications, and Related Provisions

Sec. 1301. Deauthorization of inactive projects.
Sec. 1302. Backlog prevention.
Sec. 1303. Project modifications.
Sec. 1304. Lytle and Cajon Creeks, California.
Sec. 1305. Yuba River Basin, California.
Sec. 1306. Bridgeport Harbor, Connecticut.
Sec. 1307. Delaware River navigation project.
Sec. 1308. Comprehensive Everglades restoration plan, Central and 
           Southern Florida, Everglades Agricultural Area, Florida.
Sec. 1309. Kissimmee River restoration, Florida.
Sec. 1310. Levee L-212, Four River Basin, Ocklawaha River, Florida.
Sec. 1311. Green River and Barren River Locks and Dams, Kentucky.
Sec. 1312. Cape Arundel Disposal Site, Maine.
Sec. 1313. Penobscot River, Maine.
Sec. 1314. Boston harbor reserved channel deauthorizations.
Sec. 1315. Corps of Engineers bridge repair program for New England 
           evacuation routes.
Sec. 1316. Plymouth Harbor, Massachusetts.
Sec. 1317. Portsmouth Harbor and Piscataqua River.
Sec. 1318. Missouri River and tributaries at Kansas Cities, Missouri and 
           Kansas.
Sec. 1319. Hampton Harbor, New Hampshire, navigation improvement 
           project.
Sec. 1320. Passaic River Federal Navigation Channel, New Jersey.
Sec. 1321. Fargo-Moorhead Metropolitan Area Diversion Project, North 
           Dakota.
Sec. 1322. Clatsop County, Oregon.
Sec. 1323. Svensen Island, Oregon.
Sec. 1324. West Tennessee Tributaries project, Tennessee.
Sec. 1325. Puget Sound nearshore ecosystem restoration.
Sec. 1326. Milwaukee Harbor, Milwaukee, Wisconsin.
Sec. 1327. Project completion for disaster areas.
Sec. 1328. Federal assistance.
Sec. 1329. Expedited initiation.
Sec. 1330. Project deauthorization and study extensions.
Sec. 1331. Conveyances.
Sec. 1332. Report on future water resources development.

               Subtitle D--Water Resources Infrastructure

Sec. 1401. Project authorizations.
Sec. 1402. Special rules.
Sec. 1403. Norfolk Harbor and Channels, Virginia.

               TITLE II--DRINKING WATER SYSTEM IMPROVEMENT

Sec. 2001. Indian reservation drinking water program.
Sec. 2002. Clean, safe, reliable water infrastructure.
Sec. 2003. Study on intractable water systems.
Sec. 2004. Sense of Congress relating to access to nonpotable water.
Sec. 2005. Drinking water infrastructure resilience and sustainability.
Sec. 2006. Voluntary school and child care program lead testing grant 
           program enhancement.
Sec. 2007. Innovative water technology grant program.
Sec. 2008. Improved consumer confidence reports.
Sec. 2009. Contractual agreements.
Sec. 2010. Additional considerations for compliance.
Sec. 2011. Improved accuracy and availability of compliance monitoring 
           data.
Sec. 2012. Asset management.
Sec. 2013. Community water system risk and resilience.
Sec. 2014. Authorization for grants for State programs.
Sec. 2015. State revolving loan funds.
Sec. 2016. Authorization for source water petition programs.

[[Page 132 STAT. 3768]]

Sec. 2017. Review of technologies.
Sec. 2018. Source water.
Sec. 2019. Report on Federal cross-cutting requirements.
Sec. 2020. Assistance for areas affected by natural disasters.
Sec. 2021. Monitoring for unregulated contaminants.
Sec. 2022. American iron and steel products.
Sec. 2023. Authorization for capitalization grants to States for State 
           drinking water treatment revolving loan funds.

                            TITLE III--ENERGY

Sec. 3001. Modernizing authorizations for necessary hydropower 
           approvals.
Sec. 3002. Qualifying conduit hydropower facilities.
Sec. 3003. Promoting hydropower development at existing nonpowered dams.
Sec. 3004. Closed-Loop pumped storage projects.
Sec. 3005. Considerations for relicensing terms.
Sec. 3006. Fair ratepayer accountability, transparency, and efficiency 
           standards.
Sec. 3007. J. Bennett Johnston Waterway hydropower extension.
Sec. 3008. Stay and Reinstatement of FERC License No. 11393 for the 
           Mahoney Lake Hydroelectric Project.
Sec. 3009. Strategic Petroleum Reserve drawdown.

                         TITLE IV--OTHER MATTERS

                         Subtitle A--Clean Water

Sec. 4101. Stormwater infrastructure funding task force.
Sec. 4102. Wastewater technology clearinghouse.
Sec. 4103. Technical assistance for treatment works.
Sec. 4104. Amendments to Long Island Sound programs.
Sec. 4105. Authorization of appropriations for Columbia river basin 
           restoration.
Sec. 4106. Sewer overflow control grants.
Sec. 4107. Assistance for individual household decentralized wastewater 
           systems of individuals with low or moderate income.

  Subtitle B--WIFIA Reauthorization and Innovative Financing for State 
                               Loan Funds

Sec. 4201. WIFIA reauthorization and innovative financing for State loan 
           funds.

                        Subtitle C--Miscellaneous

Sec. 4301. Agreement with Commissioner of Reclamation.
Sec. 4302. Snake River Basin flood prevention action plan.
Sec. 4303. GAO audit of contracts and Tainter gate repairs of Harlan 
           County Dam.
Sec. 4304. Water infrastructure and workforce investment.
Sec. 4305. Regional liaisons for minority, Tribal, and low-income 
           communities.
Sec. 4306. WaterSense.
Sec. 4307. Predatory and other wild animals.
Sec. 4308. Klamath project water and power.
Sec. 4309. Certain Bureau of Reclamation dikes.
Sec. 4310. Authority to make entire active capacity of Fontenelle 
           Reservoir 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 <<NOTE: Water Resources Development Act of 2018.>>  
RESOURCES DEVELOPMENT
SEC. 101. <<NOTE: 33 USC 2201 note.>>  SHORT TITLE.

    This title may be cited as the ``Water Resources Development Act of 
2018''.
SEC. 102. <<NOTE: 33 USC 2201 note.>>  SECRETARY DEFINED.

    In this title, the term ``Secretary'' means the Secretary of the 
Army.

[[Page 132 STAT. 3769]]

                     Subtitle A--General Provisions

SEC. 1101. SENSE OF CONGRESS REGARDING WATER RESOURCES DEVELOPMENT 
                          BILLS.

    It is the sense of Congress that, because the missions of the Corps 
of Engineers for navigation, flood control, beach erosion control and 
shoreline protection, hydroelectric power, recreation, water supply, 
environmental protection, restoration, and enhancement, and fish and 
wildlife mitigation benefit all Americans, and because water resources 
development projects are critical to maintaining the country's economic 
prosperity, national security, and environmental protection, Congress 
should consider a water resources development bill not less often than 
once every Congress.
SEC. 1102. STUDY OF THE FUTURE OF THE UNITED STATES ARMY CORPS OF 
                          ENGINEERS.

    (a) In General.--The Secretary shall enter into an agreement with 
the National Academy of Sciences to convene a committee of experts to 
carry out a comprehensive study on--
            (1) the ability of the Corps of Engineers to carry out its 
        statutory missions and responsibilities, and the potential 
        effects of transferring the functions (including regulatory 
        obligations), personnel, assets, and civilian staff 
        responsibilities of the Secretary relating to civil works from 
        the Department of Defense to a new or existing agency or 
        subagency of the Federal Government, including how such a 
        transfer might affect the Federal Government's ability to meet 
        the current statutory missions and responsibilities of the Corps 
        of Engineers; and
            (2) <<NOTE: Recommenda- tions.>>  improving the Corps of 
        Engineers' project delivery processes, including recommendations 
        for such improvements, taking into account factors including--
                    (A) the effect of the annual appropriations process 
                on the ability of the Corps of Engineers to efficiently 
                secure and carry out contracts for water resources 
                development projects and perform regulatory obligations;
                    (B) the effect that the current Corps of Engineers 
                leadership and geographic structure at the division and 
                district levels has on its ability to carry out its 
                missions in a cost-effective manner; and
                    (C) the effect of the frequency of rotations of 
                senior leaders of the Corps of Engineers and how such 
                frequency affects the function of the district.

    (b) Considerations.--The study carried out under subsection (a) 
shall include consideration of--
            (1) effects on the national security of the United States;
            (2) the ability of the Corps of Engineers to maintain 
        sufficient engineering capability and capacity to assist ongoing 
        and future operations of the United States armed services;
            (3) emergency and natural disaster response obligations of 
        the Federal Government that are carried out by the Corps of 
        Engineers; and
            (4) the ability of the Corps of Engineers to increase 
        efficiency, coordination, transparency, and cost savings of the 
        project delivery process.

    (c) <<NOTE: Reports.>>  Submission to Congress.--The Secretary shall 
submit the final report of the National Academy containing the findings 
of

[[Page 132 STAT. 3770]]

the study carried out under subsection (a) to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate not later 
than 2 years after the date of enactment of this Act.

    (d) Congressional Approval.--The Secretary may not implement the 
findings of the study carried out under subsection (a) unless expressly 
authorized by Congress.
SEC. 1103. STUDY ON ECONOMIC AND BUDGETARY ANALYSES.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 180 days after 
the date of enactment of this Act, the Secretary shall enter into an 
agreement with the National Academy of Sciences to--
            (1) carry out a study on the economic principles and 
        analytical methodologies currently used by or applied to the 
        Corps of Engineers to formulate, evaluate, and budget for water 
        resources development projects; and
            (2) <<NOTE: Recommenda- tions.>>  make recommendations to 
        Congress on potential changes to such principles and 
        methodologies to improve transparency, return on Federal 
        investment, cost savings, and prioritization, in the 
        formulation, evaluation, and budgeting of such projects.

    (b) <<NOTE: Analyses.>>  Considerations.--The study under subsection 
(a) shall include--
            (1) an analysis of the current economic principles and 
        analytical methodologies used by or applied to the Corps of 
        Engineers in determining the total benefits and total costs 
        during the formulation of, and plan selection for, a water 
        resources development project;
            (2) an analysis of improvements or alternatives to how the 
        Corps of Engineers utilizes the National Economic Development, 
        Regional Economic Development, Environmental Quality, and Other 
        Social Effects accounts developed by the Institute for Water 
        Resources of the Corps of Engineers in the formulation of, and 
        plan selection for, such projects;
            (3) an analysis of whether such principles and methodologies 
        fully account for all of the potential benefits of project 
        alternatives, including any reasonably associated benefits of 
        such alternatives that are not contrary to law, Federal policy, 
        or sound water resources management;
            (4) an analysis of whether such principles and methodologies 
        fully account for all of the costs of project alternatives, 
        including potential societal costs, such as lost ecosystem 
        services, and full lifecycle costs for such alternatives;
            (5) an analysis of the methodologies utilized by the Federal 
        Government in setting and applying discount rates for benefit-
        cost analyses used in the formulation, evaluation, and budgeting 
        of Corps of Engineers water resources development projects;
            (6) an analysis of whether or not the Corps of Engineers--
                    (A) considers cumulative benefits of locally 
                developed projects, including Master Plans approved by 
                the Corps; and
                    (B) uses the benefits referred to in subparagraph 
                (A) for purposes of benefit-cost analysis for project 
                justification for potential projects within such Master 
                Plans; and

[[Page 132 STAT. 3771]]

            (7) consideration of the report submitted under section 
        1204, if that report is submitted prior to completion of the 
        study under this section.

    (c) Publication.--The agreement entered into under subsection (a) 
shall require the National Academy of Sciences to, not later than 30 
days after the completion of the study--
            (1) <<NOTE: Reports. Recommenda- tions.>>  submit a report 
        containing the results of the study and the recommendations to 
        the Committee on Environment and Public Works of the Senate and 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives; and
            (2) <<NOTE: Web posting.>>  make a copy of such report 
        available on a publicly accessible website.
SEC. 1104. <<NOTE: 33 USC 2282d note.>>  DISSEMINATION OF 
                          INFORMATION.

    (a) Findings.--Congress finds the following:
            (1) Congress plays a central role in identifying, 
        prioritizing, and authorizing vital water resources 
        infrastructure activities throughout the United States.
            (2) The Water Resources Reform and Development Act of 2014 
        (Public Law 113-121) established a new and transparent process 
        to review and prioritize the water resources development 
        activities of the Corps of Engineers with strong congressional 
        oversight.
            (3) Section 7001 of the Water Resources Reform and 
        Development Act of 2014 (33 U.S.C. 2282d) requires the Secretary 
        to develop and submit to Congress each year a Report to Congress 
        on Future Water Resources Development and, as part of the annual 
        report process, to--
                    (A) publish a notice in the Federal Register that 
                requests from non-Federal interests proposed feasibility 
                studies and proposed modifications to authorized water 
                resources development projects and feasibility studies 
                for inclusion in the report; and
                    (B) review the proposals submitted and include in 
                the report those proposed feasibility studies and 
                proposed modifications that meet the criteria for 
                inclusion established under such section 7001.
            (4) Congress will use the information provided in the annual 
        Report to Congress on Future Water Resources Development to 
        determine authorization needs and priorities for purposes of 
        water resources development legislation.
            (5) To ensure that Congress can gain a thorough 
        understanding of the water resources development needs and 
        priorities of the United States, it is important that the 
        Secretary take sufficient steps to ensure that non-Federal 
        interests are made aware of the new annual report process, 
        including the need for non-Federal interests to submit proposals 
        during the Secretary's annual request for proposals in order for 
        such proposals to be eligible for consideration by Congress.

    (b) Dissemination of Process Information.--The Secretary shall 
develop, support, and implement education and awareness efforts for non-
Federal interests with respect to the annual Report to Congress on 
Future Water Resources Development required under section 7001 of the 
Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d), 
including efforts to--

[[Page 132 STAT. 3772]]

            (1) develop and disseminate technical assistance materials, 
        seminars, and guidance on the annual process as it relates to 
        non-Federal interests;
            (2) <<NOTE: Notice.>>  provide written notice to local 
        elected officials and previous and potential non-Federal 
        interests on the annual process and on opportunities to address 
        local water resources challenges through the missions and 
        authorities of the Corps of Engineers;
            (3) <<NOTE: Guidance.>>  issue guidance for non-Federal 
        interests to assist such interests in developing proposals for 
        water resources development projects that satisfy the 
        requirements of such section 7001; and
            (4) provide, at the request of a non-Federal interest, 
        assistance with researching and identifying existing project 
        authorizations and Corps of Engineers decision documents.
SEC. 1105. <<NOTE: 33 USC 2202.>>  NON-FEDERAL ENGAGEMENT AND 
                          REVIEW.

    (a) <<NOTE: Guidance.>>  Issuance.--The Secretary shall 
expeditiously issue guidance to implement each covered provision of law 
in accordance with this section.

    (b) Public Notice.--
            (1) In general.--Prior to developing and issuing any new or 
        revised implementation guidance for a covered water resources 
        development law, the Secretary shall issue a public notice 
        that--
                    (A) informs potentially interested non-Federal 
                stakeholders of the Secretary's intent to develop and 
                issue such guidance; and
                    (B) provides an opportunity for interested non-
                Federal stakeholders to engage with, and provide input 
                and recommendations to, the Secretary on the development 
                and issuance of such guidance.
            (2) <<NOTE: Web posting.>>  Issuance of notice.--The 
        Secretary shall issue the notice under paragraph (1) through a 
        posting on a publicly accessible website dedicated to providing 
        notice on the development and issuance of implementation 
        guidance for a covered water resources development law.

    (c) Stakeholder Engagement.--
            (1) <<NOTE: Time period.>>  Input.--The Secretary shall 
        allow a minimum of 60 days after issuance of the public notice 
        under subsection (b) for non-Federal stakeholders to provide 
        input and recommendations to the Secretary, prior to finalizing 
        implementation guidance for a covered water resources 
        development law.
            (2) Outreach.--The Secretary may, as appropriate (as 
        determined by the Secretary), reach out to non-Federal 
        stakeholders and circulate drafts of implementation guidance for 
        a covered water resources development law for informal input and 
        recommendations.

    (d) Submission.--The Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate a copy of 
all input and recommendations received pursuant to subsection (c) and a 
description of any consideration of such input and recommendations.
    (e) <<NOTE: Web posting.>>  Development of Guidance.--When 
developing implementation guidance for a covered water resources 
development law, the Secretary shall take into consideration the input 
and recommendations received from non-Federal stakeholders, and

[[Page 132 STAT. 3773]]

make the final guidance available to the public on the publicly 
accessible website described in subsection (b)(2).

    (f) Definitions.--In this section:
            (1) Covered provision of law.--The term ``covered provision 
        of law'' means a provision of law under the jurisdiction of the 
        Secretary contained in, or amended by, a covered water resources 
        development law, with respect to which--
                    (A) the Secretary determines guidance is necessary 
                in order to implement the provision; and
                    (B) no such guidance has been issued as of the date 
                of enactment of this Act.
            (2) Covered water resources development law.--The term 
        ``covered water resources development law'' means--
                    (A) the Water Resources Reform and Development Act 
                of 2014;
                    (B) the Water Resources Development Act of 2016;
                    (C) this Act; and
                    (D) any Federal water resources development law 
                enacted after the date of enactment of this Act.
SEC. 1106. LAKE OKEECHOBEE REGULATION SCHEDULE REVIEW.

    The Secretary shall expedite completion of the Lake Okeechobee 
regulation schedule to coincide with the completion of the Herbert 
Hoover Dike project, and may consider all relevant aspects of the 
Comprehensive Everglades Restoration Plan described in section 601 of 
the Water Resources Development Act of 2000 (114 Stat. 2680).
SEC. 1107. <<NOTE: 33 USC 579e.>>  ACCESS TO REAL ESTATE DATA.

    (a) <<NOTE: Public information. Web posting.>>  In General.--Using 
available funds, the Secretary shall make publicly available, including 
on a publicly accessible website, information on all Federal real estate 
assets in the United States that are owned, operated, or managed by, or 
in the custody of, the Corps of Engineers.

    (b) Requirements.--
            (1) In general.--The real estate information made available 
        under subsection (a) shall include--
                    (A) existing standardized real estate plat 
                descriptions of assets described in subsection (a); and
                    (B) existing geographic information systems and 
                geospatial information associated with such assets.
            (2) <<NOTE: Consultation.>>  Collaboration.--In making 
        information available under subsection (a), the Secretary shall 
        consult with the Administrator of General Services. Such 
        information may be made available, in whole or in part, in the 
        Federal real property database published under section 21 of the 
        Federal Assets Sale and Transfer Act of 2016 (Public Law 114-
        287), as determined appropriate by the Administrator of General 
        Services. Nothing in this paragraph shall be construed as 
        requiring the Administrator of General Services to add 
        additional data elements or features to such Federal real 
        property database if such additions are impractical or would add 
        additional costs to such database.

    (c) Limitation.--Nothing in this section shall compel or authorize 
the disclosure of data or other information determined by the Secretary 
to be confidential, privileged, national security information, personal 
information, or information the disclosure of which is otherwise 
prohibited by law.

[[Page 132 STAT. 3774]]

    (d) Timing.--The Secretary shall ensure that the implementation of 
subsection (a) occurs as soon as practicable.
    (e) Effect on Other Laws.--Nothing in this section shall be 
construed as modifying, or exempting the Corps of Engineers from, the 
requirements of the Federal real property database published under 
section 21 of the Federal Assets Sale and Transfer Act of 2016 (Public 
Law 114-287).
SEC. 1108. <<NOTE: 33 USC 2263a.>>  AQUATIC INVASIVE SPECIES 
                          RESEARCH.

    (a) In General.--As part of the ongoing activities of the Engineer 
Research and Development Center to address the spread and impacts of 
aquatic invasive species, the Secretary shall undertake research on the 
management and eradication of aquatic invasive species, including Asian 
carp and zebra mussels.
    (b) Locations.--In carrying out subsection (a), the Secretary shall 
work with Corps of Engineers district offices representing diverse 
geographical regions of the continental United States that are impacted 
by aquatic invasive species, such as the Atlantic, Pacific, and Gulf 
coasts and the Great Lakes.
    (c) <<NOTE: Recommenda- tions. Plan.>>  Report.--Not later than 180 
days after the date of enactment of this section, the Secretary shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate a report recommending a plan to address the spread 
and impacts of aquatic invasive species.
SEC. 1109. <<NOTE: 36 USC 610 note.>>  HARMFUL ALGAL BLOOM 
                          TECHNOLOGY DEMONSTRATION.

    (a) In General.--The Secretary, acting through the Engineer Research 
and Development Center, shall implement a 5-year harmful algal bloom 
technology development demonstration program under the Aquatic Nuisance 
Research Program. To the extent practicable, the Secretary shall support 
research that will identify and develop improved strategies for early 
detection, prevention, and management techniques and procedures to 
reduce the occurrence and effects of harmful algal blooms in the 
Nation's water resources.
    (b) Scalability Requirement.--The Secretary shall ensure that 
technologies identified, tested, and deployed under the harmful algal 
bloom technology development demonstration program have the ability to 
scale up to meet the needs of harmful-algal-bloom-related events.
SEC. 1110. BUBBLY CREEK, CHICAGO ECOSYSTEM RESTORATION.

    The <<NOTE: Memorandum.>>  Secretary shall enter into a memorandum 
of understanding with the Administrator of the Environmental Protection 
Agency to facilitate ecosystem restoration activities at the South Fork 
of the South Branch of the Chicago River (commonly known as Bubbly 
Creek).
SEC. 1111. <<NOTE: 33 USC 2326 note. Contracts.>>  DREDGE PILOT 
                          PROGRAM.

    (a) In General.--The Secretary is authorized to carry out a pilot 
program to award contracts with a duration of up to 5 years for the 
operation and maintenance of harbors and inland harbors referred to in 
section 210(a)(2) of the Water Resources Development Act of 1986 (33 
U.S.C. 2238(a)(2)).
    (b) Scope.--In carrying out the pilot program under subsection (a), 
the Secretary may award a contract described in such subsection, which 
may address one or more harbors or inland harbors

[[Page 132 STAT. 3775]]

in a geographical region, if the Secretary determines that the contract 
provides cost savings compared to the awarding of such work on an annual 
basis or on a project-by-project basis.
    (c) Report to Congress.--Not later than 1 year after the date on 
which the first contract is awarded pursuant to the pilot program 
carried out under subsection (a), the Secretary shall submit to Congress 
a report evaluating, with respect to the pilot program and any contracts 
awarded under the pilot program--
            (1) cost effectiveness;
            (2) reliability and performance;
            (3) cost savings attributable to mobilization and 
        demobilization of dredge equipment; and
            (4) response times to address navigational impediments.

    (d) Sunset.--The authority of the Secretary to enter into contracts 
pursuant to the pilot program carried out under subsection (a), shall 
expire on the date that is 10 years after the date of enactment of this 
Act.
SEC. 1112. <<NOTE: 33 USC 426g note. Contracts.>>  HURRICANE AND 
                          STORM DAMAGE PROTECTION PROGRAM.

    (a) In General.--The Secretary is authorized to carry out a pilot 
program to award single contracts for more than one authorized hurricane 
and storm damage reduction project in a geographical region, including 
projects across more than one Corps of Engineers district, if the 
Secretary determines that the contract provides cost savings compared to 
the awarding of such work on a project-by-project basis.
    (b) <<NOTE: Consultation.>>  Project Selection.--In carrying out the 
pilot program under subsection (a), the Secretary shall consult with 
relevant State agencies in selecting projects.

    (c) Criteria.--In carrying out the pilot program under subsection 
(a), the Secretary shall establish criteria and other considerations 
that--
            (1) foster Federal, State, and local collaboration;
            (2) evaluate the performance of projects being carried out 
        under a single contract with respect to whether such projects 
        yield any regional or multi-district benefits; and
            (3) include other criteria and considerations that the 
        Secretary determines to be appropriate.

    (d) <<NOTE: Recommenda- tions.>>  Report.--Not later than 1 year 
after the date of enactment of this Act, and annually thereafter, the 
Secretary shall submit to the Committee on Environment and Public Works 
of the Senate and the Committee on Transportation and Infrastructure of 
the House of Representatives a report that includes findings and 
recommendations of the Secretary with respect to the projects completed 
under the pilot program carried out under subsection (a).

    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $75,000,000.
    (f) Termination.--The authority of the Secretary to enter into 
contracts pursuant to the pilot program carried out under subsection (a) 
shall expire on the date that is 10 years after the date of enactment of 
this Act.
SEC. 1113. <<NOTE: 33 USC 2351a note.>>  OPERATION AND MAINTENANCE 
                          OF EXISTING INFRASTRUCTURE.

    The Secretary shall improve the reliability, and operation and 
maintenance of, existing infrastructure of the Corps of Engineers, and, 
as necessary, improve its resilience to cyber-related threats.

[[Page 132 STAT. 3776]]

SEC. 1114. <<NOTE: 33 USC 634.>>  ASSISTANCE RELATING TO WATER 
                          SUPPLY.

    The Secretary may provide assistance to municipalities the water 
supply of which is adversely affected by construction carried out by the 
Corps of Engineers.
SEC. 1115. <<NOTE: 35 USC 598a.>>  PROPERTY ACQUISITION.

    (a) In General.--In acquiring an interest in land, or requiring a 
non-Federal interest to acquire an interest in land, the Secretary 
shall, in accordance with the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act of 1970, first consider the minimum 
interest in real property necessary to support the water resources 
development project for which such interest is acquired.
    (b) <<NOTE: Easements.>>  Determination.--In determining an interest 
in land under subsection (a), the Secretary shall first consider a 
temporary easement or other interest designed to reduce the overall cost 
of the water resources development project for which such interest is 
acquired, reduce the time to complete such project, and minimize 
conflict with property owners related to such project.

    (c) Procedures Used in State.--In carrying out subsection (a), the 
Secretary shall consider, with respect to a State, the procedures that 
the State uses to acquire, or require the acquisition of, interests in 
land, to the extent that such procedures are generally consistent with 
the goals of a project or action.
SEC. 1116. <<NOTE: 33 USC 2326b note.>>  DREDGED MATERIAL 
                          MANAGEMENT PLANS.

    (a) In General.--For purposes of dredged material management plans 
initiated after the date of enactment of this Act, the Secretary shall 
expedite the dredged material management plan process in order that such 
plans make maximum use of existing information, studies, and innovative 
dredged material management practices, and avoid any redundant 
information collection and studies.
    (b) Report.--Not later than 60 days after the date of enactment of 
this Act, the Secretary shall submit to Congress a report on how the 
Corps of Engineers intends to meet the requirements of subsection (a).
SEC. 1117. <<NOTE: 33 USC 549b.>>  INCLUSION OF PROJECT OR 
                          FACILITY IN CORPS OF ENGINEERS WORKPLAN.

    (a) In General.--The Secretary shall, to the maximum extent 
practicable, include in the future workplan of the Corps any authorized 
project or facility of the Corps of Engineers--
            (1) that the Secretary has studied for disposition under an 
        existing authority, including by carrying out a disposition 
        study under section 216 of the Flood Control Act of 1970 (33 
        U.S.C. 549a); and
            (2) for which a final report by the Director of Civil Works 
        has been completed.

    (b) Notification to Committees.--Upon completion of a final report 
referred to in subsection (a), the Secretary shall transmit a copy of 
the report to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate.
SEC. 1118. <<NOTE: 33 USC 2292 note. Guidance.>>  GEOMATIC DATA.

    (a) In General.--The Secretary shall develop guidance for the 
acceptance and use of information obtained from a non-Federal interest 
through geomatic techniques, including remote sensing and

[[Page 132 STAT. 3777]]

land surveying, cartography, geographic information systems, global 
navigation satellite systems, photogrammetry, or other remote means, in 
carrying out any authority of the Secretary.
    (b) Considerations.--In carrying out this section, the Secretary 
shall ensure that use of information described in subsection (a) meets 
the data quality and operational requirements of the Secretary.
    (c) Savings Clause.--Nothing in this section--
            (1) requires the Secretary to accept information that the 
        Secretary determines does not meet the guidance developed under 
        this section; or
            (2) changes the current statutory or regulatory requirements 
        of the Corps of Engineers.
SEC. 1119. <<NOTE: 33 USC 2347 note. Time period.>>  LOCAL 
                          GOVERNMENT RESERVOIR PERMIT REVIEW.

    (a) In General.--During the 10-year period after the date of 
enactment of this section, the Secretary shall expedite review of 
applications for covered permits, if the permit applicant is a local 
governmental entity with jurisdiction over an area for which--
            (1) any portion of the water resources available to the area 
        served by the local governmental entity is polluted by chemicals 
        used at a formerly used defense site under the jurisdiction of 
        the Department of Defense that is undergoing (or is scheduled to 
        undergo) environmental restoration under chapter 160 of title 
        10, United States Code; and
            (2) mitigation of the pollution described in paragraph (1) 
        is ongoing.

    (b) Covered Permit Defined.--In this section, the term ``covered 
permit'' means a permit to be issued by the Secretary to modify a 
reservoir owned or operated by the Secretary, with respect to which not 
less than 80 percent of the water rights are held for drinking water 
supplies, in order to accommodate projected water supply needs of an 
area with a population of less than 80,000.
    (c) Limitations.--Nothing in this section affects any obligation to 
comply with the provisions of any Federal law, including--
            (1) the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.); and
            (2) the Federal Water Pollution Control Act (33 U.S.C. 1251 
        et seq.).
SEC. 1120. <<NOTE: 33 USC 2315b.>>  TRANSPARENCY AND 
                          ACCOUNTABILITY IN COST SHARING FOR WATER 
                          RESOURCES DEVELOPMENT PROJECTS.

    (a) Definition of Balance Sheet.--In this section, the term 
``balance sheet'' means a document that describes--
            (1) the funds provided by each Federal and non-Federal 
        interest for a water resources development project; and
            (2) the status of those funds.

    (b) Establishment of Balance Sheet.--Each district of the Corps of 
Engineers shall, using the authority of the Secretary under section 10 
of the Water Resources Development Act of 1988 (33 U.S.C. 2315)--
            (1) maintain a balance sheet for each water resources 
        development project carried out by the Secretary for which a 
        non-Federal cost share is required; and
            (2) on request of a non-Federal interest that provided funds 
        for the project, provide to the non-Federal interest a copy of 
        the balance sheet.

[[Page 132 STAT. 3778]]

    (c) Under-Budget Projects.--In the case of a water resources 
development project carried out by the Secretary that is completed at a 
cost less than the estimated cost, the Secretary shall transfer any 
excess non-Federal funds to the non-Federal interest in accordance with 
the cost-share requirement applicable to the project.
SEC. 1121. UPPER MISSOURI MAINSTEM RESERVOIR WATER WITHDRAWAL 
                          INTAKE EASEMENT REVIEW.

    (a) <<NOTE: Time period.>>  In General.--During the 10-year period 
beginning on the date of enactment of this Act, the Secretary shall, to 
the maximum extent practicable, expedite the review of applications for 
a covered easement.

    (b) Process.--In carrying out this section, the Secretary shall 
develop an application to obtain a covered easement that requires an 
applicant for a covered easement to submit information that includes--
            (1) all permissible locations for the proposed easement;
            (2) the corresponding dimensions of the proposed easement;
            (3) the methods of installation of the water withdrawal 
        intakes; and
            (4) any other information that the Secretary may require to 
        complete the review.

    (c) <<NOTE: Deadline. Notification.>>  Response.--Not later than 30 
days after the date on which the Secretary receives an application under 
subsection (b), the Secretary shall seek to provide to the applicant a 
written notification that states--
            (1) whether the application is complete; and
            (2) if the application is not complete, what information is 
        needed for the application to be complete.

    (d) <<NOTE: Deadline.>>  Determination.--To the maximum extent 
practicable, not later than 120 days after the date on which the 
Secretary receives a complete application for a covered easement, the 
Secretary shall approve or deny the application for the covered 
easement.

    (e) Covered Easement Defined.--In this section, the term ``covered 
easement'' means an easement necessary to access Federal land under the 
control of the Secretary for the placement of water withdrawal intakes 
in the Upper Missouri Mainstem Reservoirs that does not otherwise 
involve the alteration or modification of any structures or facilities 
located on that Federal land, other than those owned by the non-Federal 
interest.
    (f) Limitations.--Nothing in this section affects any obligation to 
comply with the provisions of any Federal law, including--
            (1) the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.); and
            (2) the Federal Water Pollution Control Act (33 U.S.C. 1251 
        et seq.).
SEC. 1122. LIMITATION ON CONTRACT EXECUTION.

    (a) <<NOTE: Time period.>>  Limitation.--For any new covered 
contract entered into during the period beginning on the date of 
enactment of this Act and ending on December 31, 2020, any local 
governmental entity that is a party to a covered contract entered into 
before such period shall be required to pay not more than 110 percent of 
the contractual rate per acre-foot in effect under the most recent such 
covered contract.

    (b) <<NOTE: Definition.>>  Covered Contract.--In this section, the 
term ``covered contract'' means a contract between a local governmental 
entity

[[Page 132 STAT. 3779]]

and the Secretary for water supply storage in a nonhydropower lake 
within the Verdigris River Basin.
SEC. 1123. <<NOTE: 33 USC 3306.>>  CERTAIN LEVEE IMPROVEMENTS.

    (a) In General.--Notwithstanding section 211 of the Water Resources 
Development Act of 2000 (31 U.S.C. 6505 note), the Secretary, at the 
request of a local government, is authorized to provide technical 
services, on a reimbursable basis, to the local government to assess the 
reasons a federally constructed levee owned or operated by the local 
government is not accredited by the Federal Emergency Management Agency.
    (b) Federal Levees.--In carrying out this section, in a case in 
which a levee owned and operated by the Secretary is hydraulically tied 
to a levee described in subsection (a), the Secretary is encouraged to 
cooperate, to the maximum extent practicable, with the relevant local 
governmental entities in assessing the reasons the levee described in 
subsection (a) is not accredited.
    (c) Limitation.--Nothing in this section--
            (1) affects the responsibilities of a local government to 
        operate and maintain its flood control infrastructure; or
            (2) obligates the Secretary to expend additional Federal 
        resources on levees owned and operated by the Secretary.
SEC. 1124. COST-SHARE PAYMENT FOR CERTAIN PROJECTS.

    The Secretary shall, subject to the availability of appropriations, 
pay the outstanding balance of the Federal cost share for any project 
carried out under section 593 of the Water Resources Development Act of 
1999 (113 Stat. 380).
SEC. 1125. LOCKS ON ALLEGHENY RIVER.

    The Corps of Engineers may consider, in making funding 
determinations with respect to the operation and maintenance of locks on 
the Allegheny River--
            (1) recreational boat traffic levels; and
            (2) related economic benefits.
SEC. 1126. <<NOTE: 33 USC 2347b.>>  PURPOSE AND NEED.

    (a) Purpose and Need Statements.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 90 days 
        after the date of receipt of a complete application for a water 
        storage project, the District Engineer shall develop and provide 
        to the applicant a purpose and need statement that describes--
                    (A) whether the District Engineer concurs with the 
                assessment of the purpose of and need for the water 
                storage project proposed by the applicant; and
                    (B) <<NOTE: Assessment.>>  in any case in which the 
                District Engineer does not concur as described in 
                subparagraph (A), an assessment by the District Engineer 
                of the purpose of and need for the project.
            (2) Effect on environmental impact statements.--No 
        environmental impact statement or environmental assessment 
        required under the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) shall substantially commence with respect 
        to a water storage project until the date on which the District 
        Engineer provides to the applicant a purpose and need statement 
        as required under paragraph (1).

    (b) Appeals Request.--A non-Federal interest may use the 
administrative appeals process described in part 331 of title 33,

[[Page 132 STAT. 3780]]

Code of Federal Regulations (or any succeeding regulation), in relation 
to a decision of the Secretary related to an application for a water 
storage project.
SEC. 1127. <<NOTE: 33 USC 2355.>>  PRIOR PROJECT AUTHORIZATION.

    In any case in which a project under the jurisdiction of the 
Secretary is budgeted under a different business line than the business 
line under which the project was originally authorized, the Secretary 
shall ensure that the project is carried out in accordance with any 
requirements that apply to the business line under which the project was 
originally authorized.
SEC. 1128. <<NOTE: 33 USC 7020.>>  MISSISSIPPI RIVER AND 
                          TRIBUTARIES PROJECT.

    (a) In General.--After any flood event requiring operation or 
activation of any floodway or backwater feature within the Mississippi 
River and Tributaries Project through natural overtopping of a Federal 
levee or artificial crevassing of a Federal levee to relieve pressure on 
the levees elsewhere in the system, the Secretary shall expeditiously 
reset and restore the damaged floodway's levees.
    (b) Consultation.--In carrying out subsection (a), the Secretary 
shall provide an opportunity for consultation with affected communities.
    (c) <<NOTE: Definition.>>  Mississippi River and Tributaries 
Project.--The term ``Mississippi River and Tributaries Project'' means 
the Mississippi River and Tributaries project authorized by the Act of 
May 15, 1928 (Chap. 569; 45 Stat. 534).
SEC. 1129. INCLUSION OF TRIBAL INTERESTS IN PROJECT CONSULTATIONS.

    (a) Report Required.--As soon as practicable following the date of 
enactment of this Act, the Secretary shall submit the report required 
under section 1120(a)(3) of the Water Resources Development Act of 2016 
(130 Stat. 1643).
    (b) Consultation.--The Secretary shall ensure that all existing 
Tribal consultation policies, regulations, and guidance continue to be 
implemented, and that consultations with Federal and State agencies and 
Indian Tribes required for a water resources development project are 
carried out.
SEC. 1130. BENEFICIAL USE OF DREDGED MATERIAL.

    Section 1122 of the Water Resources Development Act of 2016 (33 
U.S.C. 2326 note) is amended--
            (1) in subsection (b)(1), by striking ``10'' and inserting 
        ``20''; and
            (2) in subsection (g), by striking ``10'' and inserting 
        ``20''.
SEC. 1131. ICE JAM PREVENTION AND MITIGATION.

    Section 1150(c) of the Water Resources Development Act of 2016 (33 
U.S.C. 701s note) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``During fiscal years 2017 through 
                2022, the Secretary'' and inserting ``The Secretary''; 
                and
                    (B) by striking ``10 projects'' and inserting ``20 
                projects''; and
            (2) in paragraph (2)--
                    (A) by striking ``shall ensure'' and inserting the 
                following : ``shall--
                    ``(A) ensure'';

[[Page 132 STAT. 3781]]

                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
                    ``(B) select not fewer than one project to be 
                carried out on a reservation (as defined in section 3 of 
                the Indian Financing Act of 1974) that serves more than 
                one Indian tribe (as defined in section 4 of the Indian 
                Self-Determination and Education Assistance Act).''.
SEC. 1132. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED DAMS.

    Section 1177 of the Water Resources Development Act of 2016 (33 
U.S.C. 467f-2 note) is amended--
            (1) in subsection (e), by striking ``$10,000,000'' and 
        inserting ``$40,000,000''; and
            (2) in subsection (f), by striking ``$10,000,000'' and 
        inserting ``$40,000,000''.
SEC. 1133. COLUMBIA RIVER.

    (a) Bonneville Dam, Oregon.--
            (1) <<NOTE: Consultation. Examinations. Assessments.>>  In 
        general.--The Secretary, in consultation with the Secretary of 
        the Interior, shall examine and assess the extent to which 
        Indians (as defined in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304)) 
        have been displaced as a result of the construction of the 
        Bonneville Dam, Oregon, as authorized by the first section of 
        the Act of August 30, 1935 (49 Stat. 1032) and the first section 
        and section 2(a) of the Act of August 20, 1937 (16 U.S.C. 832, 
        832a(a)).
            (2) Inclusion.--The examination and assessment under 
        paragraph (1) may include assessments relating to housing and 
        related facilities.
            (3) <<NOTE: Determination.>>  Assistance.--If the Secretary 
        determines, based on the examination and assessment under 
        paragraph (1), that assistance is required or needed, the 
        Secretary may use all existing authorities of the Secretary, 
        including under this Act, to provide assistance to Indians who 
        have been displaced as a result of the construction of the 
        Bonneville Dam, Oregon.
            (4) Tribal assistance.--Section 1178(c)(1)(A) of the Water 
        Resources Development Act of 2016 (130 Stat. 1675) is amended by 
        striking ``Upon the request of the Secretary of the Interior, 
        the Secretary may provide assistance'' and inserting ``The 
        Secretary, in consultation with the Secretary of the Interior, 
        may provide assistance''.

    (b) John Day Dam, Washington and Oregon.--
            (1) <<NOTE: Consultation. Examinations. Assessments.>>  In 
        general.--The Secretary, in consultation with the Secretary of 
        the Interior, shall examine and assess the extent to which 
        Indians (as defined in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304)) 
        have been displaced as a result of the construction of the John 
        Day Dam, Oregon, as authorized by section 204 of the Flood 
        Control Act of 1950 (64 Stat. 179).
            (2) Inclusion.--The examination and assessment under 
        paragraph (1) may include--
                    (A) assessments relating to housing and related 
                facilities; and
                    (B) the study required by section 1178(c)(2) of the 
                Water Resources Development Act of 2016 (130 Stat. 
                1675).

[[Page 132 STAT. 3782]]

            (3) <<NOTE: Determination.>>  Assistance.--If the Secretary 
        determines, based on the examination and assessment under 
        paragraph (1), that assistance is required or needed, the 
        Secretary may use all existing authorities of the Secretary, 
        including under this Act, to provide assistance to Indians who 
        have been displaced as a result of the construction of the John 
        Day Dam, Oregon.

    (c) Dalles Dam, Washington and Oregon.--
            (1) <<NOTE: Consultation. Development plan.>>  In general.--
        The Secretary, in consultation with the Secretary of the 
        Interior, shall complete and carry out a village development 
        plan for any Indian village submerged as a result of the 
        construction of the Dalles Dam, Columbia River, Washington and 
        Oregon, as authorized by section 204 of the Flood Control Act of 
        1950 (64 Stat. 179).
            (2) Assistance.--The Secretary may acquire land from willing 
        land owners in carrying out a village development plan under 
        paragraph (1).
            (3) <<NOTE: Cost estimate. Schedule.>>  Requirements.--A 
        village development plan completed under paragraph (1) shall 
        include, at a minimum, an estimated cost and tentative schedule 
        for the construction of a replacement village.
SEC. 1134. MISSOURI RIVER RESERVOIR SEDIMENT MANAGEMENT.

    Section 1179(a) of the Water Resources Development Act of 2016 (130 
Stat. 1675) is amended--
            (1) by redesignating paragraphs (4) through (8) as 
        paragraphs (5) through (9), respectively;
            (2) by inserting after paragraph (3) the following:
            ``(4) Prioritization of sediment management plans.--In 
        carrying out the pilot project under this subsection, the 
        Secretary shall give priority to developing and implementing 
        sediment management plans that affect reservoirs that cross 
        State lines.''; and
            (3) in paragraph (8) (as so redesignated)--
                    (A) by redesignating subparagraph (B) as 
                subparagraph (D); and
                    (B) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) <<NOTE: Applicability.>>  In general.--The 
                Secretary shall carry out the pilot program established 
                under this subsection in partnership with the Secretary 
                of the Interior, and the program shall apply to 
                reservoirs managed or owned by the Bureau of 
                Reclamation.
                    ``(B) Memorandum of agreement.--For sediment 
                management plans that apply to a reservoir managed or 
                owned by the Bureau of Reclamation under subparagraph 
                (A), the Secretary and the Secretary of the Interior 
                shall execute a memorandum of agreement establishing the 
                framework for a partnership and the terms and conditions 
                for sharing expertise and resources.
                    ``(C) Payments.--The Secretary is authorized to 
                accept and expend funds from the Secretary of the 
                Interior to complete any work under this paragraph at a 
                reservoir managed or owned by the Bureau of 
                Reclamation.''.

[[Page 132 STAT. 3783]]

SEC. 1135. REAUTHORIZATION OF LOCK OPERATIONS PILOT PROGRAM.

    Section 1017(f) of the Water Resources Reform and Development Act of 
2014 (33 U.S.C. 2212 note) is amended by striking ``5 years'' and 
inserting ``10 years''.
SEC. 1136. CREDIT OR REIMBURSEMENT.

    (a) In General.--Section 1022 of the Water Resources Reform and 
Development Act of 2014 (33 U.S.C. 2225) is amended to read as follows:
``SEC. 1022. CREDIT OR REIMBURSEMENT.

    ``(a) Requests for Credits.--With respect to an authorized flood 
damage reduction project, or separable element thereof, that has been 
constructed by a non-Federal interest under section 211 of the Water 
Resources Development Act of 1996 (33 U.S.C. 701b-13), or an authorized 
coastal navigation project that has been constructed by the Corps of 
Engineers pursuant to section 11 of the Act of March 3, 1925, before the 
date of enactment of the Water Resources Development Act of 2018, the 
Secretary may provide to the non-Federal interest, at the request of the 
non-Federal interest, a credit in an amount equal to the estimated 
Federal share of the cost of the project or separable element, in lieu 
of providing to the non-Federal interest a reimbursement in that amount 
or reimbursement of funds of an equivalent amount, subject to the 
availability of appropriations.
    ``(b) Application of Credits.--At the request of the non-Federal 
interest, the Secretary may apply all or a portion of such credit to the 
share of the cost of the non-Federal interest of carrying out other 
flood damage reduction and coastal navigation projects or studies.
    ``(c) Application of Reimbursement.--At the request of the non-
Federal interest, the Secretary may apply such funds, subject to the 
availability of appropriations, equal to the share of the cost of the 
non-Federal interest of carrying out other flood damage reduction and 
coastal navigation projects or studies.''.
    (b) Clerical Amendment.--The table of contents contained in section 
1(b) of the Water Resources Reform and Development Act of 2014 (128 
Stat. 1193) is amended by striking the item relating to section 1022 and 
inserting the following:

``Sec. 1022. Credit or reimbursement.''.

SEC. 1137. NON-FEDERAL IMPLEMENTATION PILOT PROGRAM.

    Section 1043(b) of the Water Resources Reform and Development Act of 
2014 (33 U.S.C. 2201 note) is amended--
            (1) in paragraph (3)(A)(i)--
                    (A) in the matter preceding subclause (I)--
                          (i) by striking ``15'' and inserting ``20''; 
                      and
                          (ii) by striking ``prior to the date of 
                      enactment of this Act'';
                    (B) in subclause (I)--
                          (i) in the matter preceding item (aa), by 
                      inserting ``that have been authorized for 
                      construction prior to the date of enactment of 
                      this Act and'' after ``not more than 12 
                      projects''; and
                          (ii) in item (bb), by striking ``; and'' and 
                      inserting a semicolon;

[[Page 132 STAT. 3784]]

                    (C) in subclause (II)--
                          (i) by inserting ``that have been authorized 
                      for construction prior to the date of enactment of 
                      this Act and'' after ``not more than 3 projects''; 
                      and
                          (ii) by striking the semicolon and inserting 
                      ``; and''; and
                    (D) by adding at the end the following:
                                    ``(III) not more than 5 projects 
                                that have been authorized for 
                                construction, but did not receive the 
                                authorization prior to the date of 
                                enactment of this Act;''; and
            (2) in paragraph (8), by striking ``2015 through 2019'' and 
        inserting ``2019 through 2023''.
SEC. 1138. SURPLUS WATER CONTRACTS AND WATER STORAGE AGREEMENTS.

    Section 1046(c) of the Water Resources Reform and Development Act of 
2014 (128 Stat. 1254) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``shall not charge a fee'' and 
                inserting the following: ``shall not--
                    ``(A) charge a fee'';
                    (B) by striking ``Reservoirs.'' and inserting 
                ``Reservoirs; or''; and
                    (C) by adding at the end the following:
                    ``(B) assess a water storage fee with respect to any 
                water storage in the Upper Missouri Mainstem 
                Reservoirs.''; and
            (2) in paragraph (3), by striking ``10'' and inserting 
        ``12''.
SEC. 1139. POST-DISASTER WATERSHED ASSESSMENTS IN TERRITORIES OF 
                          THE UNITED STATES.

    Section 3025 of the Water Resources Reform and Development Act of 
2014 (33 U.S.C. 2267b) is amended by adding at the end the following:
    ``(e) Assessments in Territories of the United States.--
            ``(1) In general.--For any major disaster declared in a 
        territory of the United States before the date of enactment of 
        this subsection, all activities in the territory carried out or 
        undertaken pursuant to the authorities described in this section 
        shall be conducted at full Federal expense unless the President 
        determines that the territory has the ability to pay the cost 
        share for an assessment under this section without the use of 
        loans.
            ``(2) Territory defined.--In this subsection, the term 
        `territory of the United States' means an insular area specified 
        in section 1156(a)(1) of the Water Resources Development Act of 
        1986 (33 U.S.C. 2310(a)(1)).''.
SEC. 1140. EXPEDITED CONSIDERATION.

    Section 7004(b)(4) of the Water Resources Reform and Development Act 
of 2014 (128 Stat. 1374) is amended by striking ``December 31, 2018'' 
and inserting ``December 31, 2024''.

[[Page 132 STAT. 3785]]

SEC. 1141. PROJECT STUDIES SUBJECT TO INDEPENDENT PEER REVIEW.

    Section 2034(h)(2) of the Water Resources Development Act of 2007 
(33 U.S.C. 2343(h)(2)) is amended by striking ``12 years'' and inserting 
``17 years''.
SEC. 1142. FEASIBILITY OF CHICAGO SANITARY AND SHIP CANAL 
                          DISPERSAL BARRIERS PROJECT, ILLINOIS.

    Section 3061(d) of the Water Resources Development Act of 2007 
(Public Law 110-114; 121 Stat. 1121) is amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:
            ``(1) In general.--The Secretary''; and
            (2) by adding at the end the following:
            ``(2) Operation and maintenance.--Operation and maintenance 
        of any project authorized to be carried out pursuant to the 
        feasibility study identified in paragraph (1) shall be carried 
        out at 80 percent Federal expense and 20 percent non-Federal 
        expense.
            ``(3) Consultation.--After construction of any project 
        authorized to be carried out pursuant to the feasibility study 
        identified in paragraph (1), the Secretary shall consult with 
        the Governor of the State in which the project is constructed 
        before any control technologies not included in the Chief's 
        Report are implemented.''.
SEC. 1143. ACKNOWLEDGMENT OF CREDIT.

    Section 7007(a) of the Water Resources Development Act of 2007 (121 
Stat. 1277; 128 Stat. 1226) is amended by adding at the end the 
following: ``Notwithstanding section 221(a)(4)(C)(i) of the Flood 
Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)(C)(i)), the Secretary may 
provide credit for work carried out during the period beginning on 
November 8, 2007, and ending on the date of enactment of the Water 
Resources Development Act of 2018 by the non-Federal interest for a 
project under this title if the Secretary determines that the work is 
integral to the project and was carried out in accordance with the 
requirements of subchapter 4 of chapter 31, and chapter 37, of title 40, 
United States Code.''.
SEC. 1144. LEVEE SAFETY INITIATIVE REAUTHORIZATION.

    Title IX of the Water Resources Development Act of 2007 (33 U.S.C. 
3301 et seq.) is amended--
            (1) in section 9005(g)(2)(E)(i), by striking ``2015 through 
        2019'' and inserting ``2019 through 2023''; and
            (2) in section 9008, by striking ``2015 through 2019'' each 
        place it appears and inserting ``2019 through 2023''.
SEC. 1145. FUNDING TO PROCESS PERMITS.

    Section 214(a) of the Water Resources Development Act of 2000 (33 
U.S.C. 2352(a)) is amended--
            (1) by striking paragraph (3) and redesignating paragraphs 
        (4) and (5) as paragraphs (3) and (4), respectively; and
            (2) in paragraph (4), as so redesignated--
                    (A) by striking ``4 years after the date of 
                enactment of this paragraph'' and inserting ``December 
                31, 2022''; and
                    (B) by striking ``carry out a study'' and inserting 
                ``carry out a followup study''.

[[Page 132 STAT. 3786]]

SEC. 1146. RESERVOIR SEDIMENT.

    Section 215 of the Water Resources Development Act of 2000 (33 
U.S.C. 2326c) is amended--
            (1) in subsection (a)--
                    (A) by striking ``the date of enactment of the Water 
                Resources Development Act of 2016'' and inserting ``the 
                date of enactment of the Water Resources Development Act 
                of 2018''; and
                    (B) by striking ``shall establish, using available 
                funds, a pilot program to accept'' and inserting 
                ``shall, using available funds, accept'';
            (2) in subsection (b)--
                    (A) in paragraph (2), by adding ``and'' at the end;
                    (B) in paragraph (3), by striking ``; and'' at the 
                end and inserting a period; and
                    (C) by striking paragraph (4); and
            (3) by striking subsection (f) and inserting the following:

    ``(f) Report to Congress.--Not later than 3 years after the date of 
enactment of the Water Resources Development Act of 2018, the Secretary 
shall submit to the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives a report describing the results of the program 
under this section.''.
SEC. 1147. CLARIFICATION FOR INTEGRAL DETERMINATION.

    Section 601(e)(5) of the Water Resources Development Act of 2000 
(Public Law 106-541) is amended--
            (1) in subparagraph (B)(i)--
                    (A) in subclause (II), by striking ``; or'' and 
                inserting a semicolon; and
                    (B) by inserting after subclause (III) the 
                following:
                          ``(IV) the credit is provided for work carried 
                      out by the non-Federal sponsor in the 
                      implementation of an authorized project 
                      implementation report, and such work was defined 
                      in an agreement between the Secretary and the non-
                      Federal sponsor prior to the execution of such 
                      work; or
                          ``(V) the credit is provided for any work 
                      carried out by the non-Federal sponsor, as agreed 
                      to by the District Commander and non-Federal 
                      sponsor in a written agreement (which may include 
                      an electronic agreement) prior to such work being 
                      carried out by the non-Federal sponsor;'';
            (2) in subparagraph (B), by amending clause (iii) to read as 
        follows:
                          ``(iii) the Secretary determines that the work 
                      performed by the non-Federal sponsor--
                                    ``(I) is integral to the project; 
                                and
                                    ``(II) was carried out in accordance 
                                with the requirements of subchapter 4 of 
                                chapter 31, and chapter 37, of title 40, 
                                United States Code.'';
            (3) by redesignating subparagraphs (C) through (E) as 
        subparagraphs (D) through (F), respectively; and
            (4) by inserting after subparagraph (B) the following:
                    ``(C) Timing.--In any case in which the Secretary 
                approves credit under subparagraph (B), in a written 
                agreement (which may include an electronic agreement) 
                with

[[Page 132 STAT. 3787]]

                the non-Federal sponsor, the Secretary shall provide 
                such credit for work completed under an agreement that 
                prescribes the terms and conditions for the in-kind 
                contributions.''.
SEC. 1148. <<NOTE: 33 USC 2326 note.>>  BENEFICIAL USE OF DREDGED 
                          SEDIMENT.

    (a) <<NOTE: Easements. Determination.>>  In General.--In carrying 
out a project for the beneficial reuse of sediment to reduce storm 
damage to property under section 204 of the Water Resources Development 
Act of 1992 (33 U.S.C. 2326) that involves only a single application of 
sediment, the Secretary may grant a temporary easement necessary to 
facilitate the placement of sediment, if the Secretary determines that 
granting a temporary easement is in the interest of the United States.

    (b) Limitation.--If the Secretary grants a temporary easement under 
subsection (a) with respect to a project, that project shall no longer 
be eligible for future placement of sediment under section 204 of the 
Water Resources Development Act of 1992 (33 U.S.C. 2326).
SEC. 1149. INCLUSION OF ALTERNATIVE MEASURES FOR AQUATIC ECOSYSTEM 
                          RESTORATION.

    (a) Inclusion of Alterative Measures for Aquatic Ecosystem 
Restoration.--Section 206 of the Water Resources Development Act of 1996 
(33 U.S.C. 2230) is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following:

    ``(e) Use of Natural and Nature-Based Features.--In carrying out a 
project to restore and protect an aquatic ecosystem or estuary under 
subsection (a), the Secretary shall consider, and may include, with the 
consent of the non-Federal interest, a natural feature or nature-based 
feature, as such terms are defined in section 1184 of the Water 
Resources Development Act of 2016, if the Secretary determines that 
inclusion of such features is consistent with the requirements of 
subsection (a).''.
    (b) Amendment to Definition.--Section 1184(a)(2) of the Water 
Resources Development Act of 2016 (33 U.S.C. 2289a(a)(2)) is amended by 
striking ``in coastal areas''.
    (c) <<NOTE: 33 USC 2282 note.>>  Natural Infrastructure.--In 
carrying out a feasibility report developed under section 905 of the 
Water Resources Development Act of 1986 (33 U.S.C. 2282) for a project 
for flood risk management or hurricane and storm damage risk reduction, 
the Secretary shall consider the use of both traditional and natural 
infrastructure alternatives, alone or in conjunction with each other, if 
those alternatives are practicable.
SEC. 1150. REGIONAL SEDIMENT MANAGEMENT.

    Section 204(a)(1)(A) of the Water Resources Development Act of 1992 
(33 U.S.C. 2326(a)(1)(A)) is amended by inserting ``including a project 
authorized for flood control,'' after ``an authorized Federal water 
resources project,''.
SEC. 1151. OPERATION AND MAINTENANCE OF NAVIGATION AND 
                          HYDROELECTRIC FACILITIES.

    (a) In General.--Section 314 of the Water Resources Development Act 
of 1990 (33 U.S.C. 2321) is amended--
            (1) in the heading by inserting ``navigation and'' before 
        ``hydroelectric facilities'';

[[Page 132 STAT. 3788]]

            (2) in the first sentence, by striking ``Activities 
        currently performed'' and inserting the following:

    ``(a) In General.--Activities currently performed'';
            (3) in subsection (a) (as designated by paragraph (2)), by 
        inserting ``navigation or'' before ``hydroelectric'';
            (4) in the second sentence, by striking ``This section'' and 
        inserting the following:

    ``(b) Major Maintenance Contracts Allowed.--This section''; and
            (5) by adding at the end the following:

    ``(c) Exclusion.--This section does not--
            ``(1) apply to a navigation facility that was under contract 
        on or before the date of enactment of this subsection with a 
        non-Federal interest to perform operations or maintenance; and
            ``(2) prohibit the Secretary from contracting out commercial 
        activities after the date of enactment of this subsection at a 
        navigation facility.''.

    (b) Clerical Amendment.--The table of contents contained in section 
1(b) of the Water Resources Development Act of 1990 (104 Stat. 4604) is 
amended by striking the item relating to section 314 and inserting the 
following:

``Sec. 314. Operation and maintenance of navigation and hydroelectric 
           facilities.''.

SEC. 1152. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-
                          FEDERAL INTERESTS.

    Section 203 of the Water Resources Development Act of 1986 (33 
U.S.C. 2231) is amended--
            (1) in subsection (a)(1), by inserting ``federally 
        authorized'' before ``feasibility study'';
            (2) by amending subsection (c) to read as follows:

    ``(c) Submission to Congress.--
            ``(1) Review and submission of studies to congress.--Not 
        later than 180 days <<NOTE: Reports.>>  after the date of 
        receipt of a feasibility study of a project under subsection 
        (a)(1), the Secretary shall submit to the Committee on 
        Environment and Public Works of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report that describes--
                    ``(A) <<NOTE: Determination.>>  the results of the 
                Secretary's review of the study under subsection (b), 
                including a determination of whether the project is 
                feasible;
                    ``(B) <<NOTE: Recommenda- tions.>>  any 
                recommendations the Secretary may have concerning the 
                plan or design of the project; and
                    ``(C) any conditions the Secretary may require for 
                construction of the project.
            ``(2) Limitation.--The completion of the review by the 
        Secretary of a feasibility study that has been submitted under 
        subsection (a)(1) may not be delayed as a result of 
        consideration being given to changes in policy or priority with 
        respect to project consideration.''; and
            (3) by amending subsection (e) to read as follows:

    ``(e) Review and Technical Assistance.--
            ``(1) Review.--The Secretary may accept and expend funds 
        provided by non-Federal interests to undertake reviews, 
        inspections, certifications, and other activities that are the 
        responsibility of the Secretary in carrying out this section.

[[Page 132 STAT. 3789]]

            ``(2) Technical assistance.--At the request of a non-Federal 
        interest, the Secretary shall provide to the non-Federal 
        interest technical assistance relating to any aspect of a 
        feasibility study if the non-Federal interest contracts with the 
        Secretary to pay all costs of providing such technical 
        assistance.
            ``(3) Limitation.--Funds provided by non-Federal interests 
        under this subsection shall not be eligible for credit under 
        subsection (d) or reimbursement.
            ``(4) Impartial decisionmaking.--In carrying out this 
        section, the Secretary shall ensure that the use of funds 
        accepted from a non-Federal interest will not affect the 
        impartial decisionmaking of the Secretary, either substantively 
        or procedurally.
            ``(5) Savings provision.--The provision of technical 
        assistance by the Secretary under paragraph (2)--
                    ``(A) shall not be considered to be an approval or 
                endorsement of the feasibility study; and
                    ``(B) shall not affect the responsibilities of the 
                Secretary under subsections (b) and (c).''.
SEC. 1153. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS BY 
                          NON-FEDERAL INTERESTS.

    Section 204 of the Water Resources Development Act of 1986 (33 
U.S.C. 2232) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by inserting ``federally authorized'' 
                before ``water resources development project'';
                    (B) in paragraph (2)(A), by inserting ``, except as 
                provided in paragraph (3)'' before the semicolon; and
                    (C) by adding at the end the following:
            ``(3) Permit exception.--
                    ``(A) In general.--For a project described in 
                subsection (a)(1) or subsection (a)(3), or a separable 
                element thereof, with respect to which a written 
                agreement described in subparagraph (B) has been entered 
                into, a non-Federal interest that carries out a project 
                under this section shall not be required to obtain any 
                Federal permits or approvals that would not be required 
                if the Secretary carried out the project or separable 
                element unless significant new circumstances or 
                information relevant to environmental concerns or 
                compliance have arisen since development of the project 
                recommendation.
                    ``(B) <<NOTE: Compliance.>>  Written agreement.--For 
                purposes of this paragraph, a written agreement shall 
                provide that the non-Federal interest shall comply with 
                the same legal and technical requirements that would 
                apply if the project or separable element were carried 
                out by the Secretary, including all mitigation required 
                to offset environmental impacts of the project or 
                separable element as determined by the Secretary.
                    ``(C) Certifications.--Notwithstanding subparagraph 
                (A), if a non-Federal interest carrying out a project 
                under this section would, in the absence of a written 
                agreement entered into under this paragraph, be required 
                to obtain a certification from a State under Federal law 
                to carry out the project, such certification shall still 
                be required

[[Page 132 STAT. 3790]]

                if a written agreement is entered into with respect to 
                the project under this paragraph.
            ``(4) Data sharing.--
                    ``(A) In general.--If a non-Federal interest for a 
                water resources development project begins to carry out 
                that water resources development project under this 
                section, the non-Federal interest may request that the 
                Secretary transfer to the non-Federal interest all 
                relevant data and documentation under the control of the 
                Secretary with respect to that water resources 
                development project.
                    ``(B) Deadline.--Except as provided in subparagraph 
                (C), the Secretary shall transfer the data and 
                documentation requested by a non-Federal interest under 
                subparagraph (A) not later than the date that is 90 days 
                after the date on which the non-Federal interest so 
                requests such data and documentation.
                    ``(C) Limitation.--Nothing in this paragraph 
                obligates the Secretary to share any data or 
                documentation that the Secretary considers to be 
                proprietary information.'';
            (2) by amending subsection (c) to read as follows:

    ``(c) Studies and Engineering.--
            ``(1) In general.--When requested by an appropriate non-
        Federal interest, the Secretary shall undertake all necessary 
        studies, engineering, and technical assistance on construction 
        for any project to be undertaken under subsection (b), and 
        provide technical assistance in obtaining all necessary permits 
        for the construction, if the non-Federal interest contracts with 
        the Secretary to furnish the United States funds for the 
        studies, engineering, or technical assistance on construction in 
        the period during which the studies, engineering, or technical 
        assistance on construction are being conducted.
            ``(2) No waiver.--Nothing in this section may be construed 
        to waive any requirement of section 3142 of title 40, United 
        States Code.
            ``(3) Limitation.--Funds provided by non-Federal interests 
        under this subsection shall not be eligible for credit or 
        reimbursement under subsection (d).
            ``(4) Impartial decisionmaking.--In carrying out this 
        section, the Secretary shall ensure that the use of funds 
        accepted from a non-Federal interest will not affect the 
        impartial decisionmaking of the Secretary, either substantively 
        or procedurally.''; and
            (3) in subsection (d)--
                    (A) in paragraph (3)--
                          (i) in subparagraph (A), by striking ``; and'' 
                      and inserting a semicolon;
                          (ii) in subparagraph (B)(ii), by striking the 
                      period at the end and inserting ``; and''; and
                          (iii) by adding at the end the following:
                    ``(C) in the case of reimbursement, appropriations 
                are provided by Congress for such purpose.''; and
                    (B) in paragraph (5)--
                          (i) by striking ``flood damage reduction'' 
                      each place it appears and inserting ``water 
                      resources development'';

[[Page 132 STAT. 3791]]

                          (ii) in subparagraph (A), by striking ``for a 
                      discrete segment of a'' and inserting ``for 
                      carrying out a discrete segment of a federally 
                      authorized''; and
                          (iii) in subparagraph (D), in the matter 
                      preceding clause (i), by inserting ``to be carried 
                      out'' after ``project''.
SEC. 1154. <<NOTE: 33 USC 579f.>>  CORPS BUDGETING; PROJECT 
                          DEAUTHORIZATIONS; COMPREHENSIVE BACKLOG 
                          REPORT.

    (a) In General.--Section 1001 of the Water Resources Development Act 
of 1986 (33 U.S.C. 579a) is amended--
            (1) by striking the section designator and all that follows 
        through ``Any project'' and inserting the following:
``SEC. 1001. CORPS BUDGETING; PROJECT DEAUTHORIZATIONS; 
                          COMPREHENSIVE BACKLOG REPORT.

    ``(a) Any project''; and
            (2) in subsection (b), by striking paragraphs (3) and (4) 
        and inserting the following:
            ``(3) Comprehensive construction backlog and operation and 
        maintenance report.--
                    ``(A) <<NOTE: Time period. Lists.>>  In general.--
                The Secretary, once every 2 years, shall compile and 
                publish--
                          ``(i) a complete list of all projects and 
                      separable elements of projects of the Corps of 
                      Engineers that are authorized for construction but 
                      have not been completed;
                          ``(ii) a complete list of all feasibility 
                      studies of the Corps of Engineers that Congress 
                      has authorized the Secretary to carry out for 
                      which a Report of the Chief of Engineers has not 
                      been issued;
                          ``(iii) a complete list of all environmental 
                      infrastructure projects authorized by Congress 
                      under section 219 of the Water Resources 
                      Development Act of 1992 (106 Stat. 4835); and
                          ``(iv) a list of major Federal operation and 
                      maintenance needs of projects and properties under 
                      the control of the Corps of Engineers.
                    ``(B) Required information.--The Secretary shall 
                include on each list developed under clause (i), (ii), 
                or (iii) of subparagraph (A) for each feasibility study, 
                project, and separable element on that list--
                          ``(i) the date of authorization of the 
                      feasibility study, project, or separable element, 
                      including any subsequent modifications to the 
                      original authorization;
                          ``(ii) the original budget authority for the 
                      feasibility study, project, or separable element;
                          ``(iii) a brief description of the feasibility 
                      study, project, or separable element;
                          ``(iv) <<NOTE: Estimate.>>  the estimated date 
                      of completion of the feasibility study, project, 
                      or separable element, assuming all capability is 
                      fully funded;
                          ``(v) <<NOTE: Cost estimate.>>  the estimated 
                      total cost of completion of the feasibility study, 
                      project, or separable element;
                          ``(vi) the amount of funds spent on the 
                      feasibility study, project, or separable element, 
                      including Federal and non-Federal funds;

[[Page 132 STAT. 3792]]

                          ``(vii) the amount of appropriations estimated 
                      to be required in each fiscal year during the 
                      period of construction to complete the project or 
                      separable element by the date specified under 
                      clause (iv);
                          ``(viii) the location of the feasibility 
                      study, project, or separable element;
                          ``(ix) a statement from the non-Federal 
                      interest for the project or separable element 
                      indicating the non-Federal interest's capability 
                      to provide the required local cooperation 
                      estimated to be required for the project or 
                      separable element in each fiscal year during the 
                      period of construction;
                          ``(x) the benefit-cost ratio of the project or 
                      separable element, calculated using the discount 
                      rate specified by the Office of Management and 
                      Budget for purposes of preparing the President's 
                      budget pursuant to chapter 11 of title 31, United 
                      States Code;
                          ``(xi) the benefit-cost ratio of the project 
                      or separable element, calculated using the 
                      discount rate utilized by the Corps of Engineers 
                      for water resources development project planning 
                      pursuant to section 80 of the Water Resources 
                      Development Act of 1974 (42 U.S.C. 1962d-17); and
                          ``(xii) the last fiscal year in which the 
                      project or separable element incurred obligations.
                    ``(C) Required operation and maintenance 
                information.--The Secretary <<NOTE: Estimates.>>  shall 
                include on the list developed under subparagraph 
                (A)(iv), for each project and property under the control 
                of the Corps of Engineers on that list--
                          ``(i) the authority under which the project 
                      was authorized or the property was acquired by the 
                      Corps of Engineers;
                          ``(ii) a brief description of the project or 
                      property;
                          ``(iii) an estimate of the Federal costs to 
                      meet the major operation and maintenance needs at 
                      the project or property; and
                          ``(iv) an estimate of unmet or deferred 
                      operation and maintenance needs at the project or 
                      property.
                    ``(D) Publication.--
                          ``(i) <<NOTE: Time period.>>  In general.--For 
                      fiscal year 2020, and once every 2 years 
                      thereafter, in conjunction with the President's 
                      annual budget submission to Congress under section 
                      1105(a) of title 31, United States Code, the 
                      Secretary shall submit a copy of the lists 
                      developed under subparagraph (A) to--
                                    ``(I) the Committee on Environment 
                                and Public Works and the Committee on 
                                Appropriations of the Senate and the 
                                Committee on Transportation and 
                                Infrastructure and the Committee on 
                                Appropriations of the House of 
                                Representatives; and
                                    ``(II) the Director of the Office of 
                                Management and Budget.
                          ``(ii) <<NOTE: Web posting.>>  Public 
                      availability.--The Secretary shall make a copy of 
                      the lists available on a publicly accessible 
                      website site in a manner that is downloadable, 
                      searchable, and sortable.''.

[[Page 132 STAT. 3793]]

    (b) Budgetary Evaluation Metrics and Transparency.--
Beginning <<NOTE: Effective date. President.>>  in fiscal year 2020, in 
the formulation of the annual budget request for the U.S. Army Corps of 
Engineers (Civil Works) pursuant to section 1105(a) of title 31, United 
States Code, the President shall ensure that such budget request--
            (1) aligns the assessment of the potential benefit-cost 
        ratio for budgeting water resources development projects with 
        that used by the Corps of Engineers during project plan 
        formulation and evaluation pursuant to section 80 of the Water 
        Resources Development Act of 1974 (42 U.S.C. 1962d-17); and
            (2) demonstrates the transparent criteria and metrics 
        utilized by the President in the evaluation and selection of 
        water resources development projects included in such budget 
        request.

    (c) <<NOTE: Time period.>>  Public Participation.--In the 
development of, or any proposed major substantive modification to, a 
proposed budget for water resources development projects, the Secretary, 
through each District shall, not less frequently than annually--
            (1) provide to non-Federal interests and other interested 
        stakeholders information on the proposed budget for projects or 
        substantive modifications to project budgets within each 
        District's jurisdiction;
            (2) hold multiple public meetings to discuss the budget for 
        projects within each District's jurisdiction; and
            (3) provide to non-Federal interests the opportunity to 
        collaborate with District personnel for projects within each 
        District's jurisdiction--
                    (A) to support information sharing; and
                    (B) to the maximum extent practicable, to share in 
                concept development and decisionmaking to achieve 
                complementary or integrated solutions to problems.
SEC. 1155. INDIAN TRIBES.

    (a) Cost Sharing Provisions for Territories and Indian Tribes.--
Section 1156(a)(2) of the Water Resources Development Act of 1986 (33 
U.S.C. 2310(a)(2)) is amended by striking ``(as defined'' and all that 
follows through the period at the end and inserting ``or tribal 
organization (as those terms are defined in section 4 of the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 5304)).''.
    (b) Written Agreement Requirement for Water Resources Projects.--
Section 221(b)(1) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b(b)(1)) is amended by striking ``(including a'' and all that follows 
through ``; or'' at the end and inserting ``(including an Indian tribe 
and a tribal organization (as those terms are defined in section 4 of 
the Indian Self-Determination and Education Assistance Act (25 U.S.C. 
5304)); or''.
SEC. 1156. INFLATION ADJUSTMENT OF COST-SHARING PROVISIONS FOR 
                          TERRITORIES AND INDIAN TRIBES.

    Section 1156(b) of the Water Resources Development Act of 1986 (33 
U.S.C. 2310(b)) is amended by striking ``the date of enactment of this 
subsection'' and inserting ``the date of enactment of the Water 
Resources Development Act of 2018''.
SEC. 1157. CORPS OF ENGINEERS CONTINUING AUTHORITIES PROGRAM.

    (a) Storm and Hurricane Restoration and Impact Minimization 
Program.--Section 3(c)(1) of the Act of August 13, 1946 (33

[[Page 132 STAT. 3794]]

U.S.C. 426g(c)(1)) is amended by striking ``$30,000,000'' and inserting 
``$37,500,000''.
    (b) Small River and Harbor Improvement Projects.--Section 107(a) of 
the River and Harbor Act of 1960 (33 U.S.C. 577(a)) is amended by 
striking ``$50,000,000'' and inserting ``$62,500,000''.
    (c) Shore Damage Prevention or Mitigation.--Section 111(c) of the 
River and Harbor Act of 1968 (33 U.S.C. 426i(c)) is amended by striking 
``$10,000,000'' and inserting ``$12,500,000''.
    (d) Regional Sediment Management.--Section 204(g) of the Water 
Resources Development Act of 1992 (33 U.S.C. 2326(g)) is amended in the 
first sentence by striking ``$50,000,000'' and inserting 
``$62,500,000''.
    (e) Small Flood Control Projects.--Section 205 of the Flood Control 
Act of 1948 (33 U.S.C. 701s) is amended in the first sentence by 
striking ``$55,000,000'' and inserting ``$68,750,000''.
    (f) Aquatic Ecosystem Restoration.--Section 206(f) of the Water 
Resources Development Act of 1996 (as redesignated by section 1149) is 
amended by striking ``$50,000,000'' and inserting ``$62,500,000''.
    (g) Project Modifications for Improvement of Environment.--Section 
1135(h) of the Water Resources Development Act of 1986 (33 U.S.C. 
2309a(h)) is amended by striking ``$40,000,000'' and inserting 
``$50,000,000''.
    (h) Emergency Streambank and Shoreline Protection.--Section 14 of 
the Flood Control Act of 1946 (33 U.S.C. 701r) is amended by striking 
``$20,000,000'' and inserting ``$25,000,000''.
    (i) Tribal Partnership Program.--Section 203(b)(4) of the Water 
Resources Development Act of 2000 (33 U.S.C. 2269) is amended to read as 
follows:
            ``(4) Design and construction.--
                    ``(A) In general.--The Secretary may carry out the 
                design and construction of a water resources development 
                project, or separable element of a project, described in 
                paragraph (1) that the Secretary determines is feasible 
                if the Federal share of the cost of the project or 
                separable element is not more than $12,500,000.
                    ``(B) Specific authorization.--If the Federal share 
                of the cost of the project or separable element 
                described in subparagraph (A) is more than $12,500,000, 
                the Secretary may only carry out the project or 
                separable element if Congress enacts a law authorizing 
                the Secretary to carry out the project or separable 
                element.''.
SEC. 1158. HURRICANE AND STORM DAMAGE REDUCTION.

    Section 156 of the Water Resources Development Act of 1976 (42 
U.S.C. 1962d-5f) is amended--
            (1) in subsection (b)--
                    (A) by striking ``Notwithstanding'' and inserting 
                the following:
            ``(1) In general.--Notwithstanding''; and
                    (B) by adding at the end the following:
            ``(2) Timing.--The 15 additional years provided under 
        paragraph (1) shall begin on the date of initiation of 
        construction of congressionally authorized nourishment.''; and
            (2) in subsection (e), by striking ``5 year-period'' and 
        inserting ``10-year period''.

[[Page 132 STAT. 3795]]

SEC. 1159. REGIONAL COALITIONS AND HIGHER EDUCATION.

    Section 22(a) of the Water Resources Development Act of 1974 (42 
U.S.C. 1962d-16(a)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) <<NOTE: Cooperation. Reports.>>  Comprehensive 
        plans.--The Secretary of the Army, acting through the Chief of 
        Engineers, is authorized to cooperate with any State, group of 
        States, non-Federal interest working with a State or group of 
        States, or regional coalition of governmental entities in the 
        preparation of comprehensive plans for the development, 
        utilization, and conservation of the water and related resources 
        of drainage basins, watersheds, or ecosystems located within the 
        boundaries of such State, interest, or entity, including plans 
        to comprehensively address water resources challenges, and to 
        submit to Congress reports and recommendations with respect to 
        appropriate Federal participation in carrying out such plans.''; 
        and
            (2) by adding at the end the following:
            ``(3) Institution of higher education.--Notwithstanding 
        section 236 of title 10, United States Code, in carrying out 
        this subsection, the Secretary may work with an institution of 
        higher education, as determined appropriate by the Secretary.''.
SEC. 1160. EMERGENCY RESPONSE TO NATURAL DISASTERS.

    Section 5(a)(1) of the Act of August 18, 1941 (33 U.S.C. 701n(a)(1)) 
is amended in the first sentence--
            (1) by striking ``strengthening, raising, extending, or 
        other modification thereof'' and inserting ``strengthening, 
        raising, extending, realigning, or other modification thereof''; 
        and
            (2) by striking ``structure or project damaged or destroyed 
        by wind, wave, or water action of other than an ordinary nature 
        to the design level of protection when, in the discretion of the 
        Chief of Engineers,'' and inserting ``structure or project 
        damaged or destroyed by wind, wave, or water action of other 
        than an ordinary nature to either the pre-storm level or the 
        design level of protection, whichever provides greater 
        protection, when, in the discretion of the Chief of 
        Engineers,''.
SEC. 1161. COST AND BENEFIT FEASIBILITY ASSESSMENT.

    (a) Cost Benefit and Special Conditions.--Section 5(a) of the Act of 
August 18, 1941 (33 U.S.C. 701n(a)), as amended by this Act, is further 
amended by striking paragraph (2) and inserting the following:
            ``(2) Cost and benefit feasibility assessment.--
                    ``(A) Consideration of benefits.--In preparing a 
                cost and benefit feasibility assessment for any 
                emergency project described in paragraph (1), the Chief 
                of Engineers shall consider the benefits to be gained by 
                such project for the protection of--
                          ``(i) residential establishments;
                          ``(ii) commercial establishments, including 
                      the protection of inventory; and
                          ``(iii) agricultural establishments, including 
                      the protection of crops.
                    ``(B) Special conditions.--
                          ``(i) Authority to carry out work.--The Chief 
                      of Engineers may carry out repair or restoration 
                      work

[[Page 132 STAT. 3796]]

                      described in paragraph (1) that does not produce 
                      benefits greater than the cost if--
                                    ``(I) the non-Federal sponsor agrees 
                                to pay an amount sufficient to make the 
                                remaining costs of the project equal to 
                                the estimated value of the benefits of 
                                the repair or restoration work; and
                                    ``(II) <<NOTE: Determinations.>>  
                                the Secretary determines that--
                                            ``(aa) the damage to the 
                                        structure was not a result of 
                                        negligent operation or 
                                        maintenance; and
                                            ``(bb) repair of the project 
                                        could benefit another Corps 
                                        project.
                          ``(ii) Treatment of payments.--Non-Federal 
                      payments pursuant to clause (i) shall be in 
                      addition to any non-Federal payments required by 
                      the Chief of Engineers that are applicable to the 
                      remaining costs of the repair or restoration 
                      work.''.

    (b) <<NOTE: 33 USC 701n note.>>  Continued Eligibility.--
Notwithstanding a non-Federal flood control work's status in the 
Rehabilitation and Inspection Program carried out pursuant to section 5 
of the Act of August 18, 1941 (33 U.S.C. 701n), any unconstructed 
emergency project for the non-Federal flood control work that was 
formulated during the three fiscal years preceding the fiscal year in 
which this Act was enacted but that was determined to not produce 
benefits greater than costs shall remain eligible for assistance under 
such section 5 until the last day of the third fiscal year following the 
fiscal year in which this Act was enacted if--
            (1) the non-Federal sponsor agrees, in accordance with such 
        section 5, as amended by this Act, to pay an amount sufficient 
        to make the remaining costs of the project equal to the 
        estimated value of the benefits of the repair or restoration 
        work; and
            (2) <<NOTE: Determinations.>>  the Secretary determines 
        that--
                    (A) the damage to the structure was not as a result 
                of negligent operation or maintenance; and
                    (B) repair of the project could benefit another 
                Corps project.
SEC. 1162. EXTENDED COMMUNITY ASSISTANCE BY THE CORPS OF 
                          ENGINEERS.

    Section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)), as 
amended by this Act, is further amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following:
            ``(3) Extended assistance.--Upon request by a locality 
        receiving assistance under the fourth sentence of paragraph (1), 
        the Secretary shall, subject to the availability of 
        appropriations, enter into an agreement with the locality to 
        provide such assistance beyond the time period otherwise 
        provided for by the Secretary under such sentence.''.
SEC. 1163. DAM SAFETY.

    Section 14 of the National Dam Safety Program Act (33 U.S.C. 467j) 
is amended by striking ``2015 through 2019'' each place it appears and 
inserting ``2019 through 2023''.

[[Page 132 STAT. 3797]]

SEC. 1164. <<NOTE: Study. Determination. 42 USC 1962d-5b note.>>  
                          LOCAL GOVERNMENT WATER MANAGEMENT PLANS.

    With the consent of the non-Federal interest for a feasibility study 
for a water resources development project, the Secretary may enter into 
a written agreement under section 221(a) of the Flood Control Act of 
1970, with a unit of local government in the watershed that has adopted 
a local or regional water management plan, to allow the unit of local 
government to participate in the feasibility study to determine if there 
is an opportunity to include additional feasible elements in the project 
in order to help achieve the purposes identified in the local or 
regional water management plan.
SEC. 1165. STRUCTURES AND FACILITIES CONSTRUCTED BY SECRETARY.

    Section 14 of the Act of March 3, 1899 (33 U.S.C. 408) is amended by 
adding at the end the following:
    ``(d) Work Defined.--For the purposes of this section, the term 
`work' shall not include unimproved real estate owned or operated by the 
Secretary as part of a water resources development project if the 
Secretary determines that modification of such real estate would not 
affect the function and usefulness of the project.''.
SEC. 1166. ADVANCED FUNDS FOR WATER RESOURCES DEVELOPMENT STUDIES 
                          AND PROJECTS.

    (a) Contributions by States and Political Subdivisions for Immediate 
Use on Authorized Flood-Control Work; Repayment.--The Act of October 15, 
1940 (33 U.S.C. 701h-1) is amended--
            (1) by striking ``a flood-control project duly adopted and 
        authorized by law'' and inserting ``a federally authorized water 
        resources development project,'';
            (2) by striking ``such work'' and inserting ``such 
        project'';
            (3) by striking ``from appropriations which may be provided 
        by Congress for flood-control work'' and inserting ``if 
        appropriations are provided by Congress for such purpose''; and
            (4) <<NOTE: Definition.>>  by adding at the end the 
        following: ``For purposes of this Act, the term `State' means 
        the several States, the District of Columbia, the commonwealths, 
        territories, and possessions of the United States, and Indian 
        tribes (as defined in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        5304(e))).''.

    (b) <<NOTE: 33 USC 701h-2.>>  No Adverse Effect on Processes.--In 
implementing any provision of law that authorizes a non-Federal interest 
to provide, advance, or contribute funds to the Secretary for the 
development or implementation of a water resources development project 
(including sections 203 and 204 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2231, 2232), section 5 of the Act of June 22, 1936 
(33 U.S.C. 701h), and the Act of October 15, 1940 (33 U.S.C. 701h-1)), 
the Secretary shall ensure, to the maximum extent practicable, that the 
use by a non-Federal interest of such authorities does not adversely 
affect--
            (1) the process or timeline for development and 
        implementation of other water resources development projects by 
        other non-Federal entities that do not use such authorities; or

[[Page 132 STAT. 3798]]

            (2) the process for including such projects in the 
        President's annual budget submission to Congress under section 
        1105(a) of title 31, United States Code.

    (c) Advances by Private Parties; Repayment.--Section 11 of the Act 
of March 3, 1925 (Chapter 467; 33 U.S.C. 561) is repealed.
SEC. 1167. COSTS IN EXCESS OF FEDERAL PARTICIPATION LIMIT.

    Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r), as 
amended by this Act, is further amended by inserting ``, and if such 
amount is not sufficient to cover the costs included in the Federal cost 
share for a project, as determined by the Secretary, the non-Federal 
interest shall be responsible for any such costs that exceed such 
amount'' before the period at the end.
SEC. 1168. <<NOTE: 33 USC 578b.>>  DISPOSITION OF PROJECTS.

    (a) <<NOTE: Study.>>  In General.--In carrying out a disposition 
study for a project of the Corps of Engineers, or a separable element of 
such a project, including a disposition study under section 216 of the 
Flood Control Act of 1970 (33 U.S.C. 549a), the Secretary shall consider 
modifications that would improve the overall quality of the environment 
in the public interest, including removal of the project or separable 
element of a project.

    (b) Disposition Study Transparency.--The Secretary shall carry out 
disposition studies described in subsection (a) in a transparent manner, 
including by--
            (1) providing opportunities for public input; and
            (2) <<NOTE: Publication.>>  publishing the final disposition 
        studies.

    (c) <<NOTE: Recommenda- tions.>>  Removal of Infrastructure.--For 
disposition studies described in subsection (a) in which the Secretary 
determines that a Federal interest no longer exists, and makes a 
recommendation of removal of the project or separable element of a 
project, the Secretary is authorized, using existing authorities, to 
pursue removal of the project or separable element of a project in 
partnership with other Federal agencies and non-Federal entities with 
appropriate capabilities to undertake infrastructure removal.
SEC. 1169. CONTRIBUTED FUNDS FOR NON-FEDERAL RESERVOIR OPERATIONS.

    Section 5 of the Act of June 22, 1936 (33 U.S.C. 701h), is amended 
by inserting after ``authorized purposes of the project:'' the 
following: ``Provided further, That the Secretary is authorized to 
receive and expend funds from an owner of a non-Federal reservoir to 
formulate, review, or revise operational documents for any non-Federal 
reservoir for which the Secretary is authorized to prescribe regulations 
for the use of storage allocated for flood control or navigation 
pursuant to section 7 of the Act of December 22, 1944 (33 U.S.C. 
709):''.
SEC. 1170. WATERCRAFT INSPECTION STATIONS.

    Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) is 
amended--
            (1) by amending subsection (b) to read as follows:

    ``(b) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated to 
        carry out this section $110,000,000 for each fiscal year, of 
        which--
                    ``(A) $30,000,000 shall be made available to carry 
                out subsection (d)(1)(A)(i);

[[Page 132 STAT. 3799]]

                    ``(B) $30,000,000 shall be made available to carry 
                out subsection (d)(1)(A)(ii); and
                    ``(C) $30,000,000 shall be made available to carry 
                out subsection (d)(1)(A)(iii).
            ``(2) Control operations.--Any funds made available under 
        paragraph (1) to be used for control operations shall be 
        allocated by the Chief of Engineers on a priority basis, based 
        on the urgency and need of each area and the availability of 
        local funds.''; and
            (2) in subsection (d)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) In general.--
                    ``(A) Watercraft inspection stations.--In carrying 
                out this section, the Secretary shall establish (as 
                applicable), operate, and maintain new or existing 
                watercraft inspection stations--
                          ``(i) to protect the Columbia River Basin;
                          ``(ii) to protect the Upper Missouri River 
                      Basin; and
                          ``(iii) to protect the Upper Colorado River 
                      Basin and the South Platte and Arizona River 
                      Basins.
                    ``(B) <<NOTE: Consultation.>>  Locations.--The 
                Secretary shall establish watercraft inspection stations 
                under subparagraph (A) at locations with the highest 
                likelihood of preventing the spread of aquatic invasive 
                species at reservoirs operated and maintained by the 
                Secretary, as determined by the Secretary in 
                consultation with States within the areas described in 
                subparagraph (A).
                    ``(C) Rapid response.--The Secretary shall assist 
                States within the areas described in subparagraph (A) 
                with rapid response to any aquatic invasive species, 
                including quagga or zebra mussel, infestation.''; and
                    (B) by amending paragraph (3)(A) to read as follows:
                    ``(A) the Governors of the States within the areas 
                described in each of clauses (i) through (iii) of 
                paragraph (1)(A), as applicable;''.
SEC. 1171. RESTRICTED AREAS AT CORPS OF ENGINEERS DAMS.

    Section 2 of the Freedom to Fish Act (Public Law 113-13; 127 Stat. 
449, 128 Stat. 1271) is amended by striking ``4 years after the date of 
enactment of the Water Resources Reform and Development Act of 2014'' 
each place it appears and inserting ``5 years after the date of 
enactment of the Water Resources Development Act of 2018''.
SEC. 1172. <<NOTE: 33 USC 426i note.>>  COASTAL EROSION.

    (a) In General.--Pursuant to section 111 of the River and Harbor Act 
of 1968 (33 U.S.C. 426i), the Secretary shall, to the maximum extent 
practicable, complete operation and maintenance renourishment to 
mitigate coastal erosion attributed to Federal project structures in the 
upper northeast United States.
    (b) Project Selection.--In carrying out the work under subsection 
(a), the Secretary shall--
            (1) identify and carry out not more than five projects--
                    (A) <<NOTE: State list.>>  located in any of the 
                States of Maine, New Hampshire, Massachusetts, 
                Connecticut, Rhode Island, or New York; and

[[Page 132 STAT. 3800]]

                    (B) for which a feasibility study has been completed 
                by December 31, 2019, that includes findings that a 
                Federal project structure is interrupting the natural 
                flow of sediment and causing coastal erosion; and
            (2) <<NOTE: Consultation.>>  consult with relevant State 
        agencies in selecting projects.
SEC. 1173. PROHIBITION ON SURPLUS WATER FEES, LAKE CUMBERLAND 
                          WATERSHED, KENTUCKY AND TENNESSEE.

    (a) In General.--The Secretary shall not charge a fee for surplus 
water under a contract entered into pursuant to section 6 of the Act of 
December 22, 1944 (33 U.S.C. 708), if the contract is for surplus water 
stored in the Lake Cumberland Watershed, Kentucky and Tennessee.
    (b) Termination.--The limitation under subsection (a) shall expire 
on the date that is 2 years after the date of enactment of this Act.
    (c) Applicability.--Nothing in this section--
            (1) affects the authority of the Secretary under section 
        2695 of title 10, United States Code, to accept funds or to 
        cover the administrative expenses relating to certain real 
        property transactions;
            (2) affects the application of section 6 of the Act of 
        December 22, 1944 (33 U.S.C. 708) or section 301 of the Water 
        Supply Act of 1958 (43 U.S.C. 390b) to surplus water stored 
        outside of the Lake Cumberland Watershed, Kentucky and 
        Tennessee; or
            (3) affects the authority of the Secretary to accept funds 
        under section 216(c) of the Water Resources Development Act of 
        1996 (33 U.S.C. 2321a(c)).
SEC. 1174. MIDDLE RIO GRANDE PEAK FLOW RESTORATION.

    (a) Restarting of Temporary Deviation.--Subject to subsection (b), 
the Secretary shall restart the temporary deviation in the operation of 
Cochiti Lake and Jemez Canyon Dam, that was initiated in 2009 and 
terminated in 2013, to continue to evaluate the effects of the 
deviation.
    (b) Approval and Consultation.--Before restarting the temporary 
deviation under subsection (a), the Secretary shall, as required under 
the applicable water control manuals--
            (1) first obtain approval from--
                    (A) Pueblo de Cochiti;
                    (B) Pueblo of Santa Ana; and
                    (C) the Rio Grande Compact Commission established by 
                the compact approved by Congress under the Act of May 
                31, 1939 (53 Stat. 785, chapter 155); and
            (2) to the maximum extent practicable, consult with the 
        existing Cochiti Lake Environmental Resources Team, which 
        includes other Federal agencies and landowners in the region.

    (c) Sunset.--The authority to conduct the temporary deviation 
described in subsection (a) shall terminate on the date that is 5 years 
after the date on which the Secretary restarts the temporary deviation 
under such subsection.
SEC. 1175. PROHIBITION OF ADMINISTRATIVE FEES IN IMPLEMENTING 
                          ROUGH RIVER LAKE FLOWAGE EASEMENT 
                          ENCROACHMENT RESOLUTION PLAN.

    (a) Definitions.--In this section:

[[Page 132 STAT. 3801]]

            (1) Eligible property owner.--The term ``eligible property 
        owner'' means the owner of a property--
                    (A)(i) described in Scenario A, B, C, or D in the 
                Plan; or
                    (ii) that consists of vacant land located above 534 
                feet mean sea level that is encumbered by a Rough River 
                Lake flowage easement; and
                    (B) for which the Rough River Lake flowage easement 
                is not required to address backwater effects.
            (2) Plan.--The term ``Plan'' means the Rough River Lake 
        Flowage Easement Encroachment Resolution Plan of the Corps of 
        Engineers, dated January 2017.

    (b) Prohibition on Assessing Administrative Fees.--Notwithstanding 
any other provision of law, in carrying out the Plan, the Secretary may 
not impose on or collect from any eligible property owner any 
administrative fee, including--
            (1) a fee to pay the costs to the Corps of Engineers of 
        processing requests to resolve encroachments under the Plan;
            (2) fees for deed drafting and surveying; and
            (3) any other administrative cost incurred by the Corps of 
        Engineers in implementing the Plan.

    (c) Refund of Administrative Fees.--In the case of an eligible 
property owner who has paid any administrative fees described in 
paragraphs (1) through (3) of subsection (b) to the Corps of Engineers, 
the Corps of Engineers shall refund those fees on request of the 
eligible property owner.
    (d) Savings Provision.--Nothing in this section affects the 
responsibility or authority of the Secretary to continue carrying out 
the Plan, including any work necessary to extinguish the flowage 
easement of the United States with respect to the property of any 
eligible property owner.
SEC. 1176. <<NOTE: 33 USC 2232 note.>>  PRECONSTRUCTION 
                          ENGINEERING DESIGN DEMONSTRATION 
                          PROGRAM.

    (a) Definition of Environmental Impact Statement.--In this section, 
the term ``environmental impact statement'' means the detailed written 
statement required under section 102(2)(C) of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
    (b) <<NOTE: Determination.>>  Demonstration Program.--The Secretary 
shall establish a demonstration program to allow a project authorized to 
execute pursuant to section 211 of the Water Resources Development Act 
of 1996 (33 U.S.C. 701b-13) (as in effect on the day before the date of 
enactment of the Water Resources Reform and Development Act of 2014 (128 
Stat. 1193)) to begin preconstruction engineering and design on a 
determination by the Secretary that the project is technically feasible, 
economically justified, and environmentally acceptable.

    (c) Requirements.--For each project authorized to begin 
preconstruction engineering and design under subsection (b)--
            (1) the project shall conform to the feasibility study and 
        the environmental impact statement approved by the Secretary; 
        and
            (2) the Secretary and the non-Federal sponsor shall jointly 
        agree to the construction design of the project.

    (d) Secretary Review of Potential Adverse Impacts.--When reviewing 
the feasibility study and the environmental impact

[[Page 132 STAT. 3802]]

statement for a project under subsection (b), the Secretary shall follow 
current USACE Policy, Regulations, and Guidance, to assess potential 
adverse downstream impacts to the Pearl River Basin. Upon completion of 
the Secretary's determination under subsection (b), the non-Federal 
sponsor shall design the project in a manner that addresses any 
potential adverse impacts or that provides mitigation in accordance with 
section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 
2283).
    (e) Sunset.--The authority to carry out the demonstration program 
under this section shall terminate on the date that is 5 years after the 
date of enactment of this Act.
    (f) Savings Provision.--Nothing in this section supersedes, 
precludes, or affects any applicable requirements for a project under 
subsection (b) under--
            (1) section 906 of the Water Resources Development Act of 
        1986 (33 U.S.C. 2283); or
            (2) the Comprehensive Environmental Response, Compensation, 
        and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

                     Subtitle B--Studies and Reports

SEC. 1201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.

    The Secretary is authorized to conduct a feasibility study for the 
following projects for water resources development and conservation and 
other purposes, as identified in the reports titled ``Report to Congress 
on Future Water Resources Development'' submitted to Congress on March 
17, 2017, and February 5, 2018, respectively, pursuant to section 7001 
of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 
2282d) or otherwise reviewed by Congress:
            (1) Cave buttes dam, arizona.--Project for flood risk 
        management, Phoenix, Arizona.
            (2) San diego river, california.--Project for flood risk 
        management, navigation, and ecosystem restoration, San Diego, 
        California.
            (3) J. bennett johnston waterway, louisiana.--Project for 
        navigation, J. Bennett Johnston Waterway, Louisiana.
            (4) Northshore, louisiana.--Project for flood risk 
        management, St. Tammany Parish, Louisiana.
            (5) Ouachita-black rivers, louisiana.--Project for 
        navigation, Little River, Louisiana.
            (6) Chautauqua lake, new york.--Project for ecosystem 
        restoration and flood risk management, Chautauqua, New York.
            (7) Trinity river and tributaries, texas.--Project for 
        navigation, Liberty, Texas.
            (8) West cell levee, texas.--Project for flood risk 
        management, Irving, Texas.
            (9) Coastal virginia, virginia.--Project for flood risk 
        management, ecosystem restoration, and navigation, Coastal 
        Virginia.
            (10) Tangier island, virginia.--Project for flood risk 
        management and ecosystem restoration, Tangier Island, Virginia.

[[Page 132 STAT. 3803]]

SEC. 1202. ADDITIONAL STUDIES.

    (a) Lower Mississippi River; Missouri, Kentucky, Tennessee, 
Arkansas, Mississippi, and Louisiana.--
            (1) In general.--The Secretary is authorized to carry out 
        studies to determine the feasibility of habitat restoration for 
        each of the eight reaches identified as priorities in the report 
        prepared by the Secretary pursuant to section 402 of the Water 
        Resources Development Act of 2000, titled ``Lower Mississippi 
        River Resource Assessment; Final Assessment In Response to 
        Section 402 of WRDA 2000'' and dated July 2015.
            (2) Consultation.--The Secretary shall consult with the 
        Lower Mississippi River Conservation Committee during each 
        feasibility study carried out under paragraph (1).

    (b) St. Louis Riverfront, Meramec River Basin, Missouri and 
Illinois.--
            (1) In general.--The Secretary is authorized to carry out 
        studies to determine the feasibility of a project for ecosystem 
        restoration and flood risk management in Madison, St. Clair, and 
        Monroe Counties, Illinois, St. Louis City, and St. Louis, 
        Jefferson, Franklin, Gasconade, Maries, Phelps, Crawford, Dent, 
        Washington, Iron, St. Francois, St. Genevieve, Osage, Reynolds, 
        and Texas Counties, Missouri.
            (2) Continuation of existing study.--Any study carried out 
        under paragraph (1) shall be considered a continuation of the 
        study being carried out under Committee Resolution 2642 of the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives, adopted June 21, 2000.
SEC. 1203. EXPEDITED COMPLETION.

    (a) <<NOTE: Determination. State list.>>  Feasibility Reports.--The 
Secretary shall expedite the completion of a feasibility study for each 
of the following projects, and if the Secretary determines that the 
project is justified in a completed report, may proceed directly to 
preconstruction planning, engineering, and design of the project:
            (1) Project for riverbank stabilization, Selma, Alabama.
            (2) Project for ecosystem restoration, Three Mile Creek, 
        Alabama.
            (3) Project for navigation, Nome, Alaska.
            (4) Project for flood diversion, Seward, Alaska.
            (5) Project for flood control, water conservation, and 
        related purposes, Coyote Valley Dam, California.
            (6) Project for flood risk management, Lower Cache Creek, 
        California.
            (7) Project for flood risk management, Lower San Joaquin 
        River, California, as described in section 1322(b)(2)(F) of the 
        Water Resources Development Act of 2016 (130 Stat. 1707) (second 
        phase of feasibility study).
            (8) Project for flood risk management, South San Francisco, 
        California.
            (9) Project for flood risk management and ecosystem 
        restoration, Tijuana River, California.
            (10) Project for flood damage reduction, Westminster-East 
        Garden Grove, California.
            (11) Project for flood risk management in East Hartford, 
        Connecticut.
            (12) Project for flood risk management in Hartford, 
        Connecticut.

[[Page 132 STAT. 3804]]

            (13) Projects under the Comprehensive Flood Mitigation Study 
        for the Delaware River Basin.
            (14) Project for ecosystem restoration, Lake Apopka, 
        Florida.
            (15) Project for ecosystem restoration, Kansas River Weir, 
        Kansas.
            (16) Project for navigation and channel deepening, Baptiste 
        Collette Bayou, Louisiana, under section 203 of the Water 
        Resources Development Act of 1986 (33 U.S.C. 2231).
            (17) Project for navigation and channel deepening, Houma 
        Navigation Canal, Louisiana, under section 203 of the Water 
        Resources Development Act of 1986 (33 U.S.C. 2231).
            (18) Project for navigation and channel deepening, Bayou 
        Lafourche, Louisiana, under section 203 of the Water Resources 
        Development Act of 1986 (33 U.S.C. 2231).
            (19) Project for flood damage reduction and ecosystem 
        restoration, St. Tammany Parish, Louisiana.
            (20) Project for ecosystem restoration, Warren Glen Dam 
        Removal, Musconetcong River, New Jersey.
            (21) Project for flood risk management, Rahway River Basin, 
        New Jersey.
            (22) The Hudson-Raritan Estuary Comprehensive Restoration 
        Project, New Jersey and New York.
            (23) Project for flood control and water supply, Abiquiu 
        Dam, New Mexico.
            (24) Project for reformulation, East Rockaway Inlet to 
        Rockaway Inlet and Jamaica Bay, Queens, New York.
            (25) Project for navigation, New York-New Jersey Harbor and 
        Tributaries Focus Area.
            (26) Project for water resource improvements, Willamette 
        River Basin, Fern Ridge, Oregon.
            (27) Project for coastal storm risk management, Pawcatuck 
        River, Rhode Island.
            (28) Project for the Rhode Island historical structure flood 
        hazard vulnerability assessment.
            (29) Project for coastal storm risk management, Norfolk, 
        Virginia.
            (30) Project for navigation, Tacoma Harbor, Washington.

    (b) <<NOTE: Review. Determination.>>  Lower San Joaquin River, 
California.--In expediting completion of the second phase of the Lower 
San Joaquin River feasibility study under subsection (a)(7), the 
Secretary shall review and give priority to any plans and designs 
requested by non-Federal interests and incorporate such plans and 
designs into the Federal study if the Secretary determines that such 
plans and designs are consistent with Federal standards.

    (c) Hudson-Raritan Estuary Comprehensive Restoration Project, New 
Jersey and New York.--In the case of a recommendation for restoration 
activities within the Jamaica Bay Unit of the Hudson-Raritan Estuary 
Comprehensive Restoration Project, New Jersey and New York, under 
subsection (a)(22), which are to protect property under the jurisdiction 
of the National Park Service, the Secretary may recommend to Congress 
that the Secretary accept and expend funds from the National Park 
Service to carry out such activities.
    (d) Post-Authorization Change Report.--The Secretary shall expedite 
completion of a post-authorization change report for the

[[Page 132 STAT. 3805]]

project for flood risk management, San Luis Rey River Flood Control 
Protection Project, California.
    (e) Huntingdon County, Pennsylvania.--
            (1) In general.--The Secretary shall expedite the updating 
        of the master plan for the Juniata River and tributaries 
        project, Huntingdon County, Pennsylvania, authorized by section 
        203 of the Flood Control Act of 1962 (Public Law 87-874; 76 
        Stat. 1182).
            (2) Process.--In carrying out subsection (a), the Secretary 
        shall update the master plan in accordance with section 
        1309(a)(2) of the Water Resources Development Act of 2016 
        (Public Law 114-322; 130 Stat. 1693).

    (f) Upper Missouri River Basin Flood and Drought Monitoring.--The 
Secretary shall expedite activities authorized under section 4003(a) of 
the Water Resources Reform and Development Act of 2014 (128 Stat. 1311, 
130 Stat. 1677).
    (g) Project Modifications for Improvement of Environment.--For 
fiscal years 2019 and 2020, the Secretary shall give priority to 
projects that restore degraded ecosystems through modification of 
existing flood risk management projects for projects--
            (1) authorized under section 1135 of the Water Resources 
        Development Act of 1986 (33 U.S.C. 2309a); and
            (2) located within the Upper Missouri River Basin.

    (h) Expedited Completion of Certain Projects.--It is the sense of 
Congress that the Secretary should provide funding for, and expedite the 
completion of, the following projects:
            (1) West Haven, Connecticut, as authorized by section 101 of 
        the River and Harbor Act of 1954 (68 Stat. 1254) and section 3 
        of the Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33 
        U.S.C. 426g).
            (2) Providence River, Rhode Island, as authorized by the 
        first section of the Act of August 26, 1937 (50 Stat. 845, 
        chapter 832) and section 301 of the River and Harbor Act of 1965 
        (79 Stat. 1089).
            (3) Morganza to the Gulf, Louisiana, as authorized by 
        section 7002(3) of the Water Resources Reform and Development 
        Act of 2014 (128 Stat. 1368).
            (4) Louisiana Coastal Area, Louisiana, as authorized by 
        section 7002(5) of the Water Resources Reform and Development 
        Act of 2014 (128 Stat. 1369).
            (5) Louisiana Coastal Area-Barataria Basin Barrier, 
        Louisiana, as authorized by section 7002(5) of the Water 
        Resources Reform and Development Act of 2014 (128 Stat. 1370).
            (6) West Shore Lake Pontchartrain, Louisiana, as authorized 
        by section 1401(3) of the Water Resources Development Act of 
        2016 (130 Stat. 1712).
            (7) Southwest Coastal Louisiana, Louisiana, as authorized by 
        section 1401(8) of the Water Resources Development Act of 2016 
        (130 Stat. 1715).
            (8) West Thompson Lake, Connecticut, as authorized by 
        section 203 of the Flood Control Act of 1960 (74 Stat. 489).
SEC. 1204. GAO STUDY ON BENEFIT-COST ANALYSIS REFORMS.

    Not later <<NOTE: Deadline.>>  than 1 year after the date of 
enactment of this Act, the Comptroller General of the United States 
shall--

[[Page 132 STAT. 3806]]

            (1) conduct a study on the benefit-cost procedures of the 
        Secretary and the Director of the Office of Management and 
        Budget (referred to in this section as the ``Director''), 
        including--
                    (A) an examination of the benefits and costs that 
                the Secretary and the Director do and do not include in 
                the benefit-cost calculation, including, at a minimum, 
                local and regional economic benefits; and
                    (B) <<NOTE: Review.>>  a review of the calculation, 
                if any, of navigation benefits used in a benefit-cost 
                calculation for a non-commercial harbor that is used by 
                a State maritime academy (as defined in section 51102 of 
                title 46, United States Code) for military training 
                purposes; and
            (2) submit to Congress a report that--
                    (A) describes the results of the study under 
                paragraph (1); and
                    (B) <<NOTE: Recommenda- tions.>>  includes 
                recommendations for legislative or regulatory changes to 
                improve the benefit-cost analysis procedures of the 
                Secretary and the Director.
SEC. 1205. HARBOR MAINTENANCE TRUST FUND REPORT.

    (a) Deadline.--Not later than 180 days after enactment of this Act, 
the Secretary shall submit reports under section 210(e)(3) of the Water 
Resources Development Act of 1986 (33 U.S.C. 2238(e)(3)) and section 330 
of the Water Resources Development Act of 1992 (26 U.S.C. 9505 note; 
Public Law 102-580) to the Committee on Transportation and 
Infrastructure of the House of Representatives and to the Committee on 
Environment and Public Works of the Senate.
    (b) Additional Information.--For each report described in subsection 
(a) that is submitted after the date of enactment of this Act, the 
Secretary shall include, on a project-by-project basis, additional 
information identifying--
            (1) the most recent fiscal year for which operations and 
        maintenance activities have been carried out and the cost of 
        those activities; and
            (2) the operations and maintenance activities that were 
        performed through either a recommendation from Congress or 
        unspecified funds made available for ongoing work.

    (c) <<NOTE: Public information.>>  Availability.--The Secretary 
shall make publicly available all reports described in subsection (a) 
submitted before, on, or after the date of enactment of this Act.
SEC. 1206. IDENTIFICATION OF NONPOWERED DAMS FOR HYDROPOWER 
                          DEVELOPMENT.

    (a) <<NOTE: Deadline. Lists.>>  In General.--Not later than 18 
months after the date of enactment of this section, the Secretary shall 
develop a list of existing nonpowered dams owned and operated by the 
Corps of Engineers that have the greatest potential for hydropower 
development.

    (b) Considerations.--In developing the list under subsection (a), 
the Secretary may consider the following:
            (1) The compatibility of hydropower generation with existing 
        purposes of the dam.
            (2) The proximity of the dam to existing transmission 
        resources.
            (3) The existence of studies to characterize environmental, 
        cultural, and historic resources relating to the dam.

[[Page 132 STAT. 3807]]

            (4) Whether hydropower is an authorized purpose of the dam.

    (c) <<NOTE: Public information.>>  Availability.--The Secretary 
shall provide the list developed under subsection (a) to the Committee 
on Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate, and make 
such list available to the public.
SEC. 1207. STUDY ON INNOVATIVE PORTS FOR OFFSHORE WIND 
                          DEVELOPMENT.

    (a) Definition of Innovative Port for Offshore Wind Development.--In 
this section, the term ``innovative port for offshore wind development'' 
includes any federally authorized port or harbor that can accommodate 
(including through retrofitting)--
            (1) the upright assembly of the majority of an offshore wind 
        facility, including the foundation, tower, turbine, blade, and 
        electrical components;
            (2) an assembly area, ground-bearing pressure, and overhead 
        clearance for the assembly of offshore wind facility turbines, 
        which each have a capacity of up to 20 megawatts;
            (3) a heavy-lift quay and not less than 25 acres of port 
        storage;
            (4) innovative offshore wind facility and vessel 
        technologies that allow for the rapid installation of an 
        offshore wind facility; and
            (5) any other innovative offshore wind facility technology, 
        as determined by the Secretary.

    (b) Study and Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall--
                    (A) <<NOTE: Consultation.>>  in consultation with 
                the all appropriate Federal agencies, carry out a study 
                of all federally authorized ports and harbors, including 
                in the Mid-Atlantic, Gulf Coast, West Coast, Great 
                Lakes, and New England regions of the United States, to 
                identify--
                          (i) not less than three suitable federally 
                      authorized ports and harbors in those regions that 
                      could become innovative ports for offshore wind 
                      development;
                          (ii) barriers to the development of innovative 
                      ports for offshore wind development;
                          (iii) the Federal and State actions, including 
                      dredging and construction of supporting 
                      infrastructure, needed to facilitate the 
                      development of the federally authorized ports and 
                      harbors identified under clause (i) to become 
                      innovative ports for offshore wind development; 
                      and
                          (iv) <<NOTE: Recommenda- tions.>>  
                      recommendations on any further research needed to 
                      improve federally authorized ports and harbors in 
                      the United States for offshore wind facility 
                      development and deployment; and
                    (B) submit to Congress a report describing the 
                results of the study under subparagraph (A).
            (2) Consultation.--In carrying out the study under paragraph 
        (1), the Secretary shall consult with, at a minimum--
                    (A) the Governor of each State in which a port or 
                harbor was identified;
                    (B) affected port authorities;

[[Page 132 STAT. 3808]]

                    (C) units of local government; and
                    (D) relevant experts in engineering, environment, 
                and industry considerations.
SEC. 1208. INNOVATIVE MATERIALS AND ADVANCED TECHNOLOGIES REPORT.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall submit to Congress a report that--
            (1) describes activities conducted by the Corps of Engineers 
        at centers of expertise, technology centers, technical centers, 
        research and development centers, and similar facilities and 
        organizations relating to the testing, research, development, 
        identification, and recommended uses for innovative materials 
        and advanced technologies, including construction management 
        technologies, in water resources development projects; and
            (2) <<NOTE: Recommenda- tions.>>  provides recommendations 
        for types of water resources development projects in which 
        innovative materials and advanced technologies should be used.
SEC. 1209. STUDY AND REPORT ON EXPEDITING CERTAIN WAIVER 
                          PROCESSES.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall complete and submit to the Committee on Environment and 
Public Works of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report based on the 
results of a study on the best options available to the Secretary to 
implement the waiver process for the non-Federal cost share under 
section 116 of the Energy and Water Development and Related Agencies 
Appropriations Act, 2010 (Public Law 111-85; 123 Stat. 2851).
SEC. 1210. REPORT ON DEBRIS REMOVAL.

    Not later <<NOTE: Public information.>>  than 180 days after the 
date of enactment of this Act, the Secretary shall submit to Congress 
and make publicly available a report that describes--
            (1) the extent to which the Secretary has carried out 
        section 3 of the Act of March 2, 1945 (33 U.S.C. 603a); and
            (2) how the Secretary has evaluated potential work to be 
        carried out under that section.
SEC. 1211. CORPS FLOOD POLICY WITHIN URBAN AREAS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall report to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate on--
            (1) flooding within urban floodplains; and
            (2) the Federal policy constraints on the ability of the 
        Secretary to address urban flooding, including the regulations 
        under part 238 of title 33, Code of Federal Regulations (as in 
        effect on the date of enactment of this Act) (including the 
        limitation under section 238.7(a)(1) of that title that allows 
        the Secretary to provide assistance only where the flood 
        discharge of a stream or waterway within an urban area is 
        greater than 800 cubic feet per second for the 10-percent 
        flood).
SEC. 1212. FEASIBILITY STUDIES FOR MITIGATION OF DAMAGE.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall submit to the Committee on Transportation

[[Page 132 STAT. 3809]]

and Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report that identifies--
            (1) feasibility studies that are incomplete as of the date 
        of enactment of this Act for a project for mitigation of damage 
        to an area affected by weather or other events for which--
                    (A) during the 8-year period ending on the date of 
                enactment of this Act--
                          (i) the Secretary provided emergency response 
                      under section 5 of the Act of August 18, 1941 (33 
                      U.S.C. 701n); or
                          (ii) the area received assistance under the 
                      Robert T. Stafford Disaster Relief and Emergency 
                      Assistance Act (42 U.S.C. 5121 et seq.); and
                    (B) there is significant risk for future similar 
                events (as determined by the Secretary); and
            (2) for each feasibility study identified under paragraph 
        (1), impediments to completing the study.
SEC. 1213. APPLICATIONS OF MILITARY LEASING AUTHORITIES.

    Not later <<NOTE: Deadline.>>  than 2 years after the date of 
enactment of this Act, the Secretary shall--
            (1) complete a study on the application of section 2667 of 
        title 10, United States Code, enhanced use leasing authorities, 
        and other military leasing authorities to the civil works 
        program of the Secretary; and
            (2) submit to Congress a report on the results of the study 
        under paragraph (1), including a description of the obstacles 
        that must be removed so that the Assistant Secretary of the Army 
        for Civil Works may implement the authorities.
SEC. 1214. COMMUNITY ENGAGEMENT.

    (a) Report.--Not later than 2 years after the date of enactment of 
this section, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate a report on 
any potential disproportionate and adverse health or environmental 
effects of programs, policies, and activities of the Corps of Engineers 
related to water resources development projects on minority communities, 
low-income communities, rural communities, and Indian Tribes.
    (b) Consultation.--In preparing the report under subsection (a), the 
Secretary shall provide public and private meetings with representatives 
of minority communities, low-income communities, rural communities, and 
Indian Tribes, as well as representatives of State and local 
governments, and shall ensure that sufficient meetings are held in 
different geographic regions of the United States to ensure that a 
diversity of views are obtained.
    (c) Recommendations.--The report submitted under subsection (a) 
shall include--
            (1) the identification of any disproportionate and adverse 
        health or environmental effects to the communities and Tribes; 
        and
            (2) any recommendations of the Secretary for addressing such 
        effects, including recommended changes to the statutory or 
        regulatory authorities of the Corps of Engineers, or changes to 
        the policies or guidance of the Corps of Engineers.

[[Page 132 STAT. 3810]]

SEC. 1215. TRANSPARENCY IN ADMINISTRATIVE EXPENSES.

    Section 1012(b)(1) of the Water Resources Reform and Development Act 
of 2014 (33 U.S.C. 2315a(b)(1)) is amended by striking ``The Secretary'' 
and inserting ``Not later than 1 year after the date of enactment of the 
Water Resources Development Act of 2018, the Secretary''.
SEC. 1216. ASSESSMENT OF HARBORS AND INLAND HARBORS.

    Section 210(e) of the Water Resources Development Act of 1986 (33 
U.S.C. 2238) is amended--
            (1) in paragraph (1), by striking ``shall assess the'' and 
        inserting ``shall assess, and issue a report to Congress on, 
        the''; and
            (2) in paragraph (2), by adding at the end the following:
                    ``(C) Opportunities for beneficial use of dredged 
                materials.--In carrying out paragraph (1), the Secretary 
                shall identify potential opportunities for the 
                beneficial use of dredged materials obtained from 
                harbors and inland harbors referred to in subsection 
                (a)(2), including projects eligible under section 1122 
                of the Water Resources Development Act of 2016 (130 
                Stat. 1645; 33 U.S.C. 2326 note).''.
SEC. 1217. MAINTENANCE OF HIGH-RISK FLOOD CONTROL PROJECTS.

    (a) <<NOTE: Time periods.>>  Assessment.--With respect to each 
project classified as class III under the Dam Safety Action 
Classification of the Corps of Engineers for which the Secretary has 
assumed responsibility for maintenance as of the date of enactment of 
this Act, the Secretary shall assess--
            (1) the anticipated effects of the Secretary continuing to 
        be responsible for the maintenance of the project during the 
        period that ends 15 years after the date of enactment of this 
        Act, including the benefits to the State and local community; 
        and
            (2) the anticipated effects of the Secretary not continuing 
        to be responsible for the maintenance of the project during such 
        15-year period, including the costs to the State and local 
        community.

    (b) Report.--Not later than 90 days after completion of the 
assessment under subsection (a), the Secretary shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of the 
Senate a report summarizing the results of the assessment.
SEC. 1218. NORTH ATLANTIC DIVISION REPORT ON HURRICANE BARRIERS 
                          AND HARBORS OF REFUGE.

    Not later <<NOTE: Consultation.>>  than 1 year after the date of 
enactment of this Act, the Secretary, in consultation with State and 
local experts in the North Atlantic Division of the Corps of Engineers, 
shall submit to Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate a report on the durability and resiliency of 
existing hurricane barriers and harbors of refuge in the North Atlantic 
Division, giving particular consideration as to how such barriers and 
harbors will survive and fully serve their planned levels of protection 
under current, near, and longer term future predicted sea levels, storm 
surges, and storm strengths.

[[Page 132 STAT. 3811]]

SEC. 1219. GREAT LAKES COASTAL RESILIENCY STUDY.

    (a) In General.--The Secretary shall carry out a comprehensive 
assessment of the water resources needs of the Great Lakes System under 
section 729 of the Water Resources Development Act of 1986 (33 U.S.C. 
2267a).
    (b) Cooperation.--In carrying out the assessment pursuant to 
subsection (a), the Secretary shall cooperate with stakeholders and 
coordinate with all ongoing programs and projects of the Great Lakes 
Restoration Initiative under section 118(c)(7) of the Federal Water 
Pollution Control Act (33 U.S.C. 1268).
    (c) Definitions.--The term ``Great Lakes System'' has the meaning 
given such term in section 118(a) of the Federal Water Pollution Control 
Act (33 U.S.C. 1268(a)).
SEC. 1220. MCMICKEN DAM, ARIZONA, AND MUDDY RIVER, MASSACHUSETTS.

    (a) Report.--The Secretary shall submit a report to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment on Public Works of the Senate on the status 
of--
            (1) the project at McMicken Dam, Arizona, authorized by 
        section 304 of the Act of August 7, 1953 (67 Stat. 450); and
            (2) the project for flood damage reduction and environmental 
        restoration, Muddy River, Brookline and Boston, Massachusetts, 
        authorized by section 522 of the Water Resources Development Act 
        of 2000 (114 Stat. 2656).

    (b) Requirements.--The report under subsection (a) shall include a 
description of the reasons of the Secretary for deauthorizing the 
projects described in subsection (a).
SEC. 1221. TABLE ROCK LAKE, ARKANSAS AND MISSOURI.

    Not later than 120 days after the date of enactment of this Act, the 
Secretary shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report on the 
implementation of section 1185(c) of the Water Resources Development Act 
of 2016 (130 Stat. 1680).
SEC. 1222. FORECAST-INFORMED RESERVOIR OPERATIONS.

    (a) Report on Forecast-Informed Reservoir Operations.--Not later 
than 1 year after the date of completion of the forecast-informed 
reservoir operations research study pilot program at Coyote Valley Dam, 
Russian River Basin, California (authorized by the River and Harbor Act 
of 1950 (64 Stat. 177)), the Secretary shall issue a report to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of the 
Senate on the results of the study pilot program.
    (b) Contents of Report.--The Secretary shall include in the report 
issued under subsection (a)--
            (1) <<NOTE: Analysis.>>  an analysis of the use of forecast-
        informed reservoir operations at Coyote Valley Dam, California;
            (2) <<NOTE: Assessment.>>  an assessment of the viability of 
        using forecast-informed reservoir operations at other dams owned 
        or operated by the Secretary;
            (3) an identification of other dams owned or operated by the 
        Secretary where forecast-informed reservoir operations may

[[Page 132 STAT. 3812]]

        assist the Secretary in the optimization of future reservoir 
        operations; and
            (4) any additional areas for future study of forecast-
        informed reservoir operations.
SEC. 1223. CEDAR RIVER, IOWA.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary shall complete and submit to the Committee on Environment and 
Public Works of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report summarizing the 
path forward and timeline to implement the project for flood risk 
management at Cedar River, Cedar Rapids, Iowa, authorized by section 
7002(2) of the Water Resources Reform and Development Act of 2014 (128 
Stat. 1366).
SEC. 1224. OLD RIVER CONTROL STRUCTURE, LOUISIANA.

    (a) In General.--Not later than 180 days after the date of enactment 
of this Act, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate a report on 
the structure and operations plan for the Old River control structure 
authorized by the Flood Control Act of 1954 (68 Stat. 1258), based on 
the best available science, improved monitoring capabilities, and other 
factors as determined by the Secretary, including consideration of--
            (1) flood control;
            (2) navigational conditions;
            (3) water supply;
            (4) ecosystem restoration and ecological productivity; and
            (5) hydroelectric production.

    (b) Public Participation.--In developing the report required by 
subsection (a), the Secretary shall provide opportunity for public input 
and stakeholder engagement, including public meetings.
SEC. 1225. UPPER MISSISSIPPI RIVER PROTECTION.

    Section 2010 of the Water Resources Reform and Development Act of 
2014 (128 Stat. 1270) is amended by adding at the end the following:
    ``(d) <<NOTE: Plans.>>  Considerations.--In carrying out a 
disposition study with respect to the Upper St. Anthony Falls Lock and 
Dam, including a disposition study under section 216 of the Flood 
Control Act of 1970 (33 U.S.C. 549a), the Secretary shall expedite 
completion of such study and shall produce a report on the Upper St. 
Anthony Falls Lock and Dam that is separate from any report on any other 
lock or dam included in such study that includes plans for--
            ``(1) carrying out modifications to the Upper St. Anthony 
        Falls Lock and Dam to--
                    ``(A) preserve and enhance recreational 
                opportunities and the health of the ecosystem; and
                    ``(B) maintain the benefits to the natural ecosystem 
                and human environment;
            ``(2) a partial disposition of the Upper St. Anthony Falls 
        Lock and Dam facility and surrounding real property that 
        preserves any portion of the Upper St. Anthony Falls Lock and 
        Dam necessary to maintain flood control; and
            ``(3) expediting the disposition described in this 
        subsection.

    ``(e) Contributed Funds.--The Secretary shall accept and expend 
funds to carry out the study described in subsection (d)

[[Page 132 STAT. 3813]]

that are contributed by a State or a political subdivision of a State 
under the Act of October 15, 1940 (33 U.S.C. 701h-1).''.
SEC. 1226. MISSOURI RIVER.

    (a) IRC Report.--Not later than 18 months after the date of 
enactment of this Act, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate a report 
regarding the impacts of interception-rearing complex construction on 
the navigation, flood control, and other authorized purposes set forth 
in the Missouri River Master Manual, and on the population recovery of 
the pallid sturgeon.
    (b) No Additional IRC Construction.--Until the report under 
subsection (a) is submitted, no additional interception-rearing complex 
construction is authorized.
SEC. 1227. LOWER MISSOURI RIVER BANK STABILIZATION AND NAVIGATION.

    (a) In General.--Not later than 180 days after the date of enactment 
of this Act, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate a report on 
the function and reliability of the Lower Missouri River bank 
stabilization and navigation project, authorized by the first section of 
the Act of July 25, 1912 (37 Stat. 219, chapter 253).
    (b) Considerations and Coordination.--In developing the report 
required under subsection (a), the Secretary shall--
            (1) consider recommended improvements to the project 
        described in such subsection and current and future flood risks; 
        and
            (2) coordinate with State and local governments and affected 
        stakeholders.
SEC. 1228. COASTAL TEXAS STUDY.

    The Secretary shall expedite the completion of studies for flood 
damage reduction, hurricane and storm damage reduction, and ecosystem 
restoration in the coastal areas of Texas that are identified in the 
interim report due to be published in 2018 that describes the 
tentatively selected plan developed in accordance with section 4091 of 
the Water Resources Development Act of 2007 (121 Stat. 1187).
SEC. 1229. REPORT ON WATER SUPPLY CONTRACT, WRIGHT PATMAN LAKE, 
                          TEXAS.

    Not later than June 30, 2019, the Secretary shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of the 
Senate a report on the status of the implementation of the water supply 
contract, Department of the Army, Civil Works Contract No. 29-68-A-0130, 
at Wright Patman Lake, Texas, that--
            (1) describes the implementation of that contract at Wright 
        Patman Lake; and
            (2) identifies--
                    (A) the activities that the Secretary expects to be 
                necessary to complete the execution of the contract;
                    (B) the expected completion date for each activity 
                identified under subparagraph (A); and

[[Page 132 STAT. 3814]]

                    (C) the expected date of completion of the execution 
                of the contract.

   Subtitle C--Deauthorizations, Modifications, and Related Provisions

SEC. 1301. <<NOTE: 33 USC 579d-1.>>  DEAUTHORIZATION OF INACTIVE 
                          PROJECTS.

    (a) Purposes.--The purposes of this section are--
            (1) to identify $4,000,000,000 in water resources 
        development projects authorized by Congress that are no longer 
        viable for construction due to--
                    (A) a lack of local support;
                    (B) a lack of available Federal or non-Federal 
                resources; or
                    (C) an authorizing purpose that is no longer 
                relevant or feasible;
            (2) to create an expedited and definitive process for 
        Congress to deauthorize water resources development projects 
        that are no longer viable for construction; and
            (3) to allow the continued authorization of water resources 
        development projects that are viable for construction.

    (b) Interim Deauthorization List.--
            (1) In general.--The Secretary shall develop an interim 
        deauthorization list that identifies--
                    (A) each water resources development project, or 
                separable element of a project, authorized for 
                construction before November 8, 2007, for which--
                          (i) planning, design, or construction was not 
                      initiated before the date of enactment of this 
                      Act; or
                          (ii) planning, design, or construction was 
                      initiated before the date of enactment of this 
                      Act, but for which no funds, Federal or non-
                      Federal, were obligated for planning, design, or 
                      construction of the project or separable element 
                      of the project during the current fiscal year or 
                      any of the 6 preceding fiscal years;
                    (B) each project or separable element of a project 
                identified and included on a list to Congress for 
                deauthorization pursuant to section 1001(b)(2) of the 
                Water Resources Development Act of 1986 (33 U.S.C. 
                579a(b)(2)); and
                    (C) any project or separable element of a project 
                for which the non-Federal sponsor of such project or 
                separable element submits a request for inclusion on the 
                list.
            (2) Public comment and consultation.--
                    (A) In general.--The Secretary shall solicit 
                comments from the public and the Governors of each 
                applicable State on the interim deauthorization list 
                developed under paragraph (1).
                    (B) Comment period.--The public comment period shall 
                be 90 days.
            (3) <<NOTE: Deadline.>>  Submission to congress; 
        publication.--Not later than 90 days after the date of the close 
        of the comment period under paragraph (2), the Secretary shall--
                    (A) submit a revised interim deauthorization list to 
                the Committee on Environment and Public Works of the 
                Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives; and

[[Page 132 STAT. 3815]]

                    (B) <<NOTE: Federal Register, publication.>>  
                publish the revised interim deauthorization list in the 
                Federal Register.

    (c) Final Deauthorization List.--
            (1) In general.--The Secretary shall develop a final 
        deauthorization list of water resources development projects, or 
        separable elements of projects, from the revised interim 
        deauthorization list described in subsection (b)(3).
            (2) Deauthorization amount.--
                    (A) Proposed final list.--The Secretary shall 
                prepare a proposed final deauthorization list of 
                projects and separable elements of projects that have, 
                in the aggregate, an estimated Federal cost to complete 
                that is at least $4,000,000,000.
                    (B) Determination of federal cost to complete.--For 
                purposes of subparagraph (A), the Federal cost to 
                complete shall take into account any allowances 
                authorized by section 902 of the Water Resources 
                Development Act of 1986 (33 U.S.C. 2280), as applied to 
                the most recent project schedule and cost estimate.
            (3) Identification of projects.--
                    (A) Sequencing of projects.--
                          (i) In general.--The Secretary shall identify 
                      projects and separable elements of projects for 
                      inclusion on the proposed final deauthorization 
                      list according to the order in which the projects 
                      and separable elements of the projects were 
                      authorized, beginning with the earliest authorized 
                      projects and separable elements of projects and 
                      ending with the latest project or separable 
                      element of a project necessary to meet the 
                      aggregate amount under paragraph (2)(A).
                          (ii) <<NOTE: Determination.>>  Factors to 
                      consider.--The Secretary may identify projects and 
                      separable elements of projects in an order other 
                      than that established by clause (i) if the 
                      Secretary determines, on a case-by-case basis, 
                      that a project or separable element of a project 
                      is critical for interests of the United States, 
                      based on the possible impact of the project or 
                      separable element of the project on public health 
                      and safety, the national economy, or the 
                      environment.
                          (iii) Consideration of public comments.--In 
                      making determinations under clause (ii), the 
                      Secretary shall consider any comments received 
                      under subsection (b)(2).
                    (B) Appendix.--The Secretary shall include as part 
                of the proposed final deauthorization list an appendix 
                that--
                          (i) identifies each project or separable 
                      element of a project on the interim 
                      deauthorization list developed under subsection 
                      (b) that is not included on the proposed final 
                      deauthorization list; and
                          (ii) describes the reasons why the project or 
                      separable element is not included on the proposed 
                      final list.
            (4) Public comment and consultation.--
                    (A) In general.--The Secretary shall solicit 
                comments from the public and the Governor of each 
                applicable State

[[Page 132 STAT. 3816]]

                on the proposed final deauthorization list and appendix 
                developed under paragraphs (2) and (3).
                    (B) Comment period.--The public comment period shall 
                be 90 days.
            (5) Submission of final list to congress; publication.--Not 
        later <<NOTE: Deadline.>>  than 120 days after the date of the 
        close of the comment period under paragraph (4), the Secretary 
        shall--
                    (A) submit a final deauthorization list and an 
                appendix to the final deauthorization list in a report 
                to the Committee on Environment and Public Works of the 
                Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives; and
                    (B) <<NOTE: Federal Register, publication.>>  
                publish the final deauthorization list and the appendix 
                to the final deauthorization list in the Federal 
                Register.

    (d) Deauthorization; Congressional Review.--
            (1) <<NOTE: Time period.>>  In general.--After the 
        expiration of the 180-day period beginning on the date of 
        submission of the final deauthorization list and appendix under 
        subsection (c), a project or separable element of a project 
        identified in the final deauthorization list is hereby 
        deauthorized, unless Congress passes a joint resolution 
        disapproving the final deauthorization list prior to the end of 
        such period.
            (2) Non-federal contributions.--
                    (A) In general.--A project or separable element of a 
                project identified in the final deauthorization list 
                under subsection (c) shall not be deauthorized under 
                this subsection if, before the expiration of the 180-day 
                period referred to in paragraph (1), the non-Federal 
                interest for the project or separable element of the 
                project provides sufficient funds to complete the 
                project or separable element of the project.
                    (B) Treatment of projects.--Notwithstanding 
                subparagraph (A), each project and separable element of 
                a project identified in the final deauthorization list 
                shall be treated as deauthorized for purposes of the 
                aggregate deauthorization amount specified in subsection 
                (c)(2)(A).
            (3) Projects identified in appendix.--A project or separable 
        element of a project identified in the appendix to the final 
        deauthorization list shall remain subject to future 
        deauthorization by Congress.

    (e) Special Rule for Projects Receiving Funds for Post-Authorization 
Study.--A project <<NOTE: Time period.>>  or separable element of a 
project may not be identified on the interim deauthorization list 
developed under subsection (b), or the final deauthorization list 
developed under subsection (c), if the project or separable element 
received funding for a post-authorization study during the current 
fiscal year or any of the 6 preceding fiscal years.

    (f) General Provisions.--
            (1) Definitions.--In this section, the following definitions 
        apply:
                    (A) Post-authorization study.--The term ``post-
                authorization study'' means--
                          (i) a feasibility report developed under 
                      section 905 of the Water Resources Development Act 
                      of 1986 (33 U.S.C. 2282);

[[Page 132 STAT. 3817]]

                          (ii) a feasibility study, as defined in 
                      section 105(d) of the Water Resources Development 
                      Act of 1986 (33 U.S.C. 2215(d)); or
                          (iii) a review conducted under section 216 of 
                      the Flood Control Act of 1970 (33 U.S.C. 549a), 
                      including an initial appraisal that--
                                    (I) demonstrates a Federal interest; 
                                and
                                    (II) requires additional analysis 
                                for the project or separable element.
                    (B) Water resources development project.--The term 
                ``water resources development project'' includes an 
                environmental infrastructure assistance project or 
                program of the Corps of Engineers.
            (2) Treatment of project modifications.--For purposes of 
        this section, if an authorized water resources development 
        project or separable element of the project has been modified by 
        an Act of Congress, the date of the authorization of the project 
        or separable element shall be deemed to be the date of the most 
        recent modification.
SEC. 1302. <<NOTE: 33 USC 579c-2.>>  BACKLOG PREVENTION.

    (a) Project Deauthorization.--
            (1) <<NOTE: Time period.>>  In general.--A water resources 
        development project authorized for construction by this Act 
        shall not be authorized after the last day of the 10-year period 
        beginning on the date of enactment of this Act unless--
                    (A) funds have been obligated for construction of, 
                or a post-authorization study for, such project or such 
                separable element during such period; or
                    (B) a subsequent Act of Congress modifies the 
                authorization contained in this Act.
            (2) <<NOTE: Deadline. Reports.>>  Identification of 
        projects.--Not later than 60 days after the expiration of the 
        10-year period described in paragraph (1), the Secretary shall 
        submit to the Committee on Environment and Public Works of the 
        Senate and the Committee on Transportation and Infrastructure of 
        the House of Representatives a report that identifies the 
        projects deauthorized under paragraph (1).

    (b) <<NOTE: Public information.>>  Report to Congress.--Not later 
than 60 days after the expiration of the 12-year period beginning on the 
date of enactment of this Act, the Secretary shall submit to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives, and make available to the public, a report that 
contains--
            (1) <<NOTE: Lists.>>  a list of any water resources 
        development projects authorized by this Act for which 
        construction has not been completed;
            (2) a description of the reasons each project was not 
        completed;
            (3) <<NOTE: Schedule.>>  a schedule for the completion of 
        the projects based on expected levels of appropriations;
            (4) <<NOTE: Projections.>>  a 5-year and 10-year projection 
        of construction backlog; and
            (5) <<NOTE: Recommenda- tions.>>  any recommendations to 
        Congress regarding how to mitigate the backlog.

[[Page 132 STAT. 3818]]

SEC. 1303. PROJECT MODIFICATIONS.

    (a) Consistency With Reports.--Congress finds that the project 
modifications described in this section are in accordance with the 
reports submitted to Congress by the Secretary under section 7001 of the 
Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d), 
titled ``Report to Congress on Future Water Resources Development'', or 
have otherwise been reviewed by Congress.
    (b) Modifications.--
            (1) Harbor/South bay, california.--Section 219(f)(43) of the 
        Water Resources Development Act of 1992 (113 Stat. 337; 114 
        Stat. 2763A-220) is amended by striking ``$35,000,000'' and 
        inserting ``$70,000,000''.
            (2) Lakes marion and moultrie, south carolina.--Section 
        219(f)(25) of the Water Resources Development Act of 1992 (113 
        Stat. 336; 114 Stat. 2763A-220; 117 Stat. 1838; 130 Stat. 1677) 
        is amended by striking ``$60,000,000'' and inserting 
        ``$89,550,000''.
SEC. 1304. LYTLE AND CAJON CREEKS, CALIFORNIA.

    That portion of the channel improvement project, Lytle and Cajon 
Creeks, California, authorized to be carried out as a part of the 
project for the Santa Ana River Basin, California, by the Act of 
December 22, 1944 (Chapter 665; 58 Stat. 900) that consists of five 
earth-filled groins commonly referred to as ``the Riverside Avenue 
groins'' is no longer authorized as a Federal project beginning on the 
date of enactment of this Act.
SEC. 1305. YUBA RIVER BASIN, CALIFORNIA.

    (a) In General.--The project for flood damage reduction, Yuba River 
Basin, California, authorized by section 101(a)(10) of the Water 
Resources Development Act of 1999 (113 Stat. 275) is modified to allow a 
non-Federal interest to construct a new levee to connect the existing 
levee with high ground.
    (b) Project Description.--The levee to be constructed shall tie into 
the existing levee at a point N2186189.2438, E6703908.8657, thence 
running east and south along a path to be determined to a point 
N2187849.4328, E6719262.0164.
    (c) Cooperation Agreement.--The Secretary shall execute a conforming 
amendment to the Memorandum of Understanding Respecting the Sacramento 
River Flood Control Project with the State of California dated November 
30, 1953, that is limited to changing the description of the project to 
reflect the modification.
    (d) No Federal Cost.--
            (1) Review costs.--Before construction of the levee 
        described in subsection (b), the Secretary may accept and expend 
        funds received from a non-Federal interest to review the 
        planning, engineering, and design of the levee described in 
        subsection (b) to ensure that such planning, engineering, and 
        design complies with Federal standards.
            (2) Non-federal share.--The non-Federal share of the cost of 
        constructing the levee shall be 100 percent.
SEC. 1306. BRIDGEPORT HARBOR, CONNECTICUT.

    That portion of the project for navigation, Bridgeport Harbor, 
Connecticut, authorized by the Act of June 18, 1878 (20 Stat. 158), and 
modified by the Act of August 11, 1888 (25 Stat. 401), the Act of March 
3, 1899 (30 Stat. 1122), the Act of June 25,

[[Page 132 STAT. 3819]]

1910 (36 Stat. 633), and the Act of July 3, 1930 (46 Stat. 919), and 
lying upstream of a line commencing at point N627942.09, E879709.18 
thence running southwesterly about 125 feet to a point N627832.03, 
E879649.91 is no longer authorized beginning on the date of enactment of 
this Act.
SEC. 1307. DELAWARE RIVER NAVIGATION PROJECT.

    Section 1131(3) of the Water Resources Development Act of 1986 (100 
Stat. 4246) is amended by striking ``ten feet'' and inserting ``35 
feet''.
SEC. 1308. COMPREHENSIVE EVERGLADES RESTORATION PLAN, CENTRAL AND 
                          SOUTHERN FLORIDA, EVERGLADES 
                          AGRICULTURAL AREA, FLORIDA.

    (a) Authorization.--Subject to subsection (b), the Secretary is 
authorized to carry out the project for ecosystem restoration, Central 
and Southern Florida, Everglades Agricultural Area, Florida, in 
accordance with section 601 of the Water Resources Development Act of 
2000 (114 Stat. 2680), as recommended in the addendum to the Central 
Everglades Planning Project Post Authorization Change Report, 
Feasibility Study and Draft Environmental Impact Statement prepared by 
the South Florida Water Management District and dated May 2018, with 
such modifications as the Secretary considers appropriate.
    (b) Requirement.--
            (1) <<NOTE: Reports.>>  In general.--The project authorized 
        by subsection (a) may be constructed only after the Secretary 
        prepares a report that addresses the concerns, recommendations, 
        and conditions identified by the Secretary in the review 
        assessment titled ``Review Assessment of South Florida Water 
        Management District's Central Everglades Planning Project, 
        Section 203 Post Authorization Change Report, Integrated 
        Feasibility Study and DRAFT Environmental Impact Statement 
        (March 2018, Amended May 2018)'' and dated May 2018.
            (2) Expedited completion.--The Secretary shall expedite the 
        completion of the report under paragraph (1) and shall complete 
        such report not later than 90 days after the date of enactment 
        of this section.

    (c) Consultation.--In reviewing the report identified in subsection 
(a), and completing the report identified in subsection (b), the 
Secretary shall consult with the South Florida Water Management District 
on any project modifications.
    (d) Consideration.--Nothing in this section shall be construed to 
delay the design, construction, and implementation of components and 
features of the project for ecosystem restoration, Central Everglades, 
authorized by section 1401(4) of the Water Resources Development Act of 
2016 (130 Stat. 1713), that are not directly affected by the project 
authorized by subsection (a).
SEC. 1309. KISSIMMEE RIVER RESTORATION, FLORIDA.

    The Secretary may credit work performed or to be performed by the 
non-Federal sponsor of the project for ecosystem restoration, Kissimmee 
River, Florida, authorized by section 101(8) of the Water Resources 
Development Act of 1992 (106 Stat. 4802), as an in-kind contribution 
under section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 
1962d-5b(a)(4)), in accordance with the report of the Director of Civil 
Works relating to the Central and Southern Florida Project, Kissimmee 
River Restoration Project, dated April

[[Page 132 STAT. 3820]]

27, 2018, subject to the availability of appropriations for any payments 
due, if the Secretary determines that the work was carried out in 
accordance with the requirements of subchapter 4 of chapter 31, and 
chapter 37, of title 40, United States Code.
SEC. 1310. LEVEE L-212, FOUR RIVER BASIN, OCKLAWAHA RIVER, 
                          FLORIDA.

    The portions of the project for flood control and other purposes, 
Four River Basins, Florida, authorized by section 203 of the Flood 
Control Act of 1962 (76 Stat. 1183), consisting of levee L-212 along the 
Ocklawaha River, Florida, are no longer authorized beginning on the date 
of enactment of this Act.
SEC. 1311. GREEN RIVER AND BARREN RIVER LOCKS AND DAMS, KENTUCKY.

    Section 1315 of the Water Resources Development Act of 2016 (130 
Stat. 1698) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (3)--
                          (i) by redesignating subparagraphs (A) and (B) 
                      as clauses (i) and (ii), respectively, and 
                      adjusting the margins accordingly;
                          (ii) in the matter preceding clause (i) (as so 
                      redesignated), by striking ``The Secretary'' and 
                      inserting the following:
                    ``(A) In general.--The Secretary''; and
                          (iii) by adding at the end the following:
                    ``(B) <<NOTE: Determination.>>  Use of funds.--If 
                the Secretary determines that removal of Lock and Dam 5 
                or a portion of Lock and Dam 5 is necessary before the 
                conveyance under subparagraph (A), the Secretary--
                          ``(i) shall proceed with that removal; and
                          ``(ii) to carry out that removal--
                                    ``(I) may use appropriated funds or 
                                accept and use funds contributed by 
                                entities described in that subparagraph; 
                                and
                                    ``(II) may work with entities 
                                described in that subparagraph.''; and
                    (B) in paragraph (5)--
                          (i) by redesignating subparagraphs (A) and (B) 
                      as clauses (i) and (ii), respectively, and 
                      adjusting the margins accordingly;
                          (ii) in the matter preceding clause (i) (as so 
                      redesignated), by striking ``The Secretary'' and 
                      inserting the following:
                    ``(A) In general.--The Secretary''; and
                          (iii) by adding at the end the following:
                    ``(B) <<NOTE: Determination.>>  Use of funds.--If 
                the Secretary determines that removal of Lock and Dam 1 
                or a portion of Lock and Dam 1 is necessary before the 
                conveyance under subparagraph (A), the Secretary--
                          ``(i) shall proceed with that removal; and
                          ``(ii) to carry out that removal--
                                    ``(I) may use appropriated funds or 
                                accept and use funds contributed by 
                                entities described in that subparagraph; 
                                and
                                    ``(II) may work with entities 
                                described in that subparagraph.''; and

[[Page 132 STAT. 3821]]

            (2) in subsection (c), by adding at the end the following:
            ``(5) <<NOTE: Determination.>>  Removal costs.--In carrying 
        out this section, if the Secretary determines that removal of a 
        Lock and Dam (or a portion of a Lock and Dam) described in this 
        section is necessary, any Federal costs of that removal shall be 
        subject to the availability of appropriations.''.
SEC. 1312. CAPE ARUNDEL DISPOSAL SITE, MAINE.

    The Cape Arundel Disposal Site selected by the Department of the 
Army as an alternative dredged material disposal site under section 
103(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 
(33 U.S.C. 1413(b)) shall remain available for use until December 31, 
2021.
SEC. 1313. PENOBSCOT RIVER, MAINE.

    Beginning on the date of enactment of this Act, the project for 
navigation, Penobscot River, Maine, authorized by the River and Harbor 
Appropriations Acts of July 5, 1884 (23 Stat. 133), August 11, 1888 (25 
Stat. 408), July 31, 1892 (27 Stat. 96), and March 2, 1907 (Public Law 
59-168; 34 Stat. 1074), is modified as follows:
            (1) The portion of the 14-foot deep channel located between 
        Bangor and Brewer, Maine, approximately 135,784 square feet in 
        area, starting at a point with coordinates N410451.89, 
        E913370.08, thence running N34 05'52.6''E about 815.4 feet to a 
        point with coordinates N411127.11, E913827.20, thence running 
        N52 41'55.33''E about 143.06 feet to a point with coordinates 
        N411213.81, E913941.00, thence running N27 04'01''E about 
        1068.73 feet to a point with coordinates N412165.48, E914427.30, 
        thence running S62 55'59.79''E about 450 feet to a point with 
        coordinates N411960.72, E914828.01, thence running S27 04'01''W 
        about 246.99 feet to a point with coordinates N411740.78, 
        E914715.62, thence running N43 45'41.8''W about 444.66 feet to a 
        point with coordinates N412061.92, E914408.07, thence running 
        S27 04'01''W about 946.62 feet to a point with coordinates 
        N411218.97, E913977.33, thence running S38 21'58.9''W about 
        978.35 feet to the point of origin, is no longer authorized.
            (2) The portion of the 14-foot deep channel, approximately 
        121,875 square feet in area, starting at a point with 
        coordinates N410670.99, E914168.96, thence running N62 55'59''W 
        about 100 feet to a point with coordinates N410716.49, 
        E914079.92, thence running N27 04'01''E about 1236.13 feet to a 
        point with coordinates N411817.24, E914642.40, thence running 
        S43 45'41.8''E about 105.87 feet to a point with coordinates 
        N411740.78, E914715.62, thence running S27 04'01''W about 
        1201.37 feet to the point of origin, is redesignated as a 100-
        foot wide and 14-foot deep anchorage area.
            (3) The portion of the 14-foot deep channel, approximately 
        304,058 square feet in area, starting at a point with 
        coordinates N410761.99. E913990.87, thence running N62 55'59''W 
        about 300.08 feet to a point with coordinates N410898.54, 
        E913723.66, thence running N38 21'58.9''E about 408.69 feet to a 
        point with coordinates N411218.97, E913977.33, thence running 
        N27 04'01''E about 946.62 feet to a point with coordinates 
        N412061.92, E914408.07, thence running S43 45'41.8''E about 
        232.92 feet to a point with coordinates N411893.70, E914569.17, 
        thence running S27 04'01''W about 1270.9 feet to the point

[[Page 132 STAT. 3822]]

        of origin, is redesignated as a 14-foot deep anchorage area of a 
        width varying from 220 to 300.08 feet.
SEC. 1314. BOSTON HARBOR RESERVED CHANNEL DEAUTHORIZATIONS.

    (a) 40-Foot Reserved Channel.--
            (1) In general.--The portions of the project for navigation, 
        Boston Harbor, Massachusetts, authorized by the first section of 
        the Act of October 17, 1940 (54 Stat. 1198, chapter 895), and 
        modified by section 101 of the River and Harbor Act of 1958 (72 
        Stat. 297), section 101(a)(13) of the Water Resources 
        Development Act of 1990 (104 Stat. 4607), and section 7002(1) of 
        the Water Resources Reform and Development Act of 2014 (128 
        Stat. 1365), described in paragraph (2) are no longer authorized 
        beginning on the date of enactment of this Act.
            (2) Areas described.--
                    (A) First area.--The first areas described in this 
                paragraph are--
                          (i) beginning at a point N2950154.45, 
                      E785995.64;
                          (ii) running southwesterly about 1451.63 feet 
                      to a point N2950113.83, E784544.58;
                          (iii) running southeasterly about 54.00 feet 
                      to a point N2950059.85, E784546.09;
                          (iv) running southwesterly about 1335.82 feet 
                      to a point N2950022.48, E783210.79;
                          (v) running northwesterly about 83.00 feet to 
                      a point N2950105.44, E783208.47;
                          (vi) running northeasterly about 2787.45 feet 
                      to a point N2950183.44, E785994.83; and
                          (vii) running southeasterly about 29.00 feet 
                      to the point described in clause (i).
                    (B) Second area.--The second areas described in this 
                paragraph are--
                          (i) beginning at a point N2950502.86, 
                      E785540.84;
                          (ii) running northeasterly about 46.11 feet to 
                      a point N2950504.16, E785586.94;
                          (iii) running southwesterly about 25.67 feet 
                      to a point N2950480.84, E785576.18;
                          (iv) running southwesterly to a point 
                      N2950414.32, E783199.83;
                          (v) running northwesterly about 8.00 feet to a 
                      point N2950422.32, E783199.60;
                          (vi) running northeasterly about 2342.58 feet 
                      to a point N2950487.87, E785541.26; and
                          (vii) running northwesterly about 15.00 feet 
                      to the point described in clause (i).

    (b) 35-Foot Reserved Channel.--
            (1) In general.--The portions of the project for navigation, 
        Boston Harbor, Massachusetts, authorized by the first section of 
        the Act of October 17, 1940 (54 Stat. 1198, chapter 895), and 
        modified by section 101 of the River and Harbor Act of 1958 (72 
        Stat. 297), described in paragraph (2) are no longer authorized 
        beginning on the date of enactment of this Act.
            (2) Areas described.--
                    (A) First area.--The first areas described in this 
                paragraph are--
                          (i) beginning at a point N2950143.44, 
                      E787532.14;

[[Page 132 STAT. 3823]]

                          (ii) running southeasterly about 22.21 feet to 
                      a point N2950128.91, E787548.93;
                          (iii) running southwesterly about 4,339.42 
                      feet to a point N2950007.48, E783211.21;
                          (iv) running northwesterly about 15.00 feet to 
                      a point N2950022.48, E783210.79; and
                          (v) running northeasterly about 4,323.05 feet 
                      to the point described in clause (i).
                    (B) Second area.--The second areas described in this 
                paragraph are--
                          (i) beginning at a point N2950502.86, 
                      E785540.84;
                          (ii) running southeasterly about 15.00 feet to 
                      a point N2950487.87, E785541.26;
                          (iii) running southwesterly about 2342.58 feet 
                      to a point N2950422.32, E783199.60;
                          (iv) running southeasterly about 8.00 feet to 
                      a point N2950414.32, E783199.83;
                          (v) running southwesterly about 1339.12 feet 
                      to a point N2950376.85, E781861.23;
                          (vi) running northwesterly about 23.00 feet to 
                      a point N2950399.84, E781860.59; and
                          (vii) running northeasterly about 3681.70 feet 
                      to the point described in clause (i).
SEC. 1315. CORPS OF ENGINEERS BRIDGE REPAIR PROGRAM FOR NEW 
                          ENGLAND EVACUATION ROUTES.

    Subject to the availability of appropriations, the Secretary may 
repair or replace, as necessary, any bridge owned and operated by the 
Secretary that is--
            (1) <<NOTE: State list.>>  located in any of the States of 
        Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, 
        or Vermont; and
            (2) necessary for evacuation during an extreme weather 
        event, as determined by the Secretary.
SEC. 1316. PLYMOUTH HARBOR, MASSACHUSETTS.

    The Secretary shall expedite and complete the dredging of Plymouth 
Harbor, Massachusetts, as authorized by the Act of March 4, 1913 (37 
Stat. 802, chapter 144) and the Act of September 22, 1922 (42 Stat. 
1038, chapter 427).
SEC. 1317. PORTSMOUTH HARBOR AND PISCATAQUA RIVER.

    The Secretary shall expedite the project for navigation for 
Portsmouth Harbor and the Piscataqua River authorized by section 101 of 
the River and Harbor Act of 1962 (76 Stat. 1173).
SEC. 1318. MISSOURI RIVER AND TRIBUTARIES AT KANSAS CITIES, 
                          MISSOURI AND KANSAS.

    The Secretary shall align the schedules of, and maximize 
complimentary efforts, minimize duplicative practices, and ensure 
coordination and information sharing with respect to--
            (1) the project for flood damage reduction, Argentine, East 
        Bottoms, Fairfax-Jersey Creek, and North Kansas Levees Units, 
        Missouri River and tributaries at Kansas Cities, Missouri and 
        Kansas, authorized by section 1001(28) of the Water Resources 
        Development Act of 2007 (121 Stat. 1054); and
            (2) the project for flood risk management, Armourdale and 
        Central Industrial District Levee Units, Missouri River and

[[Page 132 STAT. 3824]]

        Tributaries at Kansas Citys, Missouri and Kansas, authorized by 
        section 1401(2) of the Water Resources Development Act of 2016 
        (130 Stat. 1710).
SEC. 1319. HAMPTON HARBOR, NEW HAMPSHIRE, NAVIGATION IMPROVEMENT 
                          PROJECT.

    In carrying out the project for navigation, Hampton Harbor, New 
Hampshire, under section 107 of the River and Harbor Act of 1960 (33 
U.S.C. 577), the Secretary shall use all existing authorities of the 
Secretary to mitigate severe shoaling.
SEC. 1320. PASSAIC RIVER FEDERAL NAVIGATION CHANNEL, NEW JERSEY.

    (a) Definition of Passaic River Navigation Project.--In this 
section, the term ``Passaic River navigation project'' means the project 
for the Passaic River Federal navigation channel, New Jersey, described 
in the document of the New York District of the Corps of Engineers 
numbered 207075, entitled ``Lower Passaic River Commercial Navigation 
Analysis'', and dated March 2007, as revised in December 2008 and July 
2010.
    (b) Deauthorization.--
            (1) In general.--The portion of the Passaic River navigation 
        project described in paragraph (2) is deauthorized.
            (2) Description of portion.--The portion of the Passaic 
        River navigation project referred to in paragraph (1) is the 
        portion from river mile 1.7 to river mile 15.4, as bounded by--
                    (A) the coordinates of--
                          (i) West Longitude 074 10.33047" W;
                          (ii) North Latitude 40 51.99988" N;
                          (iii) East Longitude 074 06.05923" W; and
                          (iv) South Latitude 40 43.2217" N; and
                    (B) the New Jersey State Plane (US Survey Feet, NAD-
                83), as follows: Upper Left x731 592941.27 y731 
                739665.34; Upper Right x731 602477.94 y731 740791.62; 
                Lower Left x731 582974.17 y731 692561.62; Lower Right 
                x731 598345.10 y731 691219.09.

    (c) Modification.--
            (1) In general.--The depth of the portion of the Passaic 
        River navigation project described in paragraph (2) is modified 
        from 30 feet to 20 feet (using the Mean Lower Low Water datum).
            (2) Description of portion.--The portion of the Passaic 
        River navigation project referred to in paragraph (1) is the 
        portion from river mile 0.6 to river mile 1.7, as bounded by--
                    (A) the coordinates of--
                          (i) West Longitude 074 07.43471" W;
                          (ii) North Latitude 40 44.32682" N;
                          (iii) East Longitude 074 06.61586" W; and
                          (iv) South Latitude 40 42.39342" N; and
                    (B) the New Jersey State Plane (US Survey Feet, NAD-
                83), as follows: Upper Left x731 597440.36 y731 
                691333.92; Upper Right x731 598345.10 y731 691219.09; 
                Lower Left x731 596416.01 y731 685597.99; Lower Right 
                x731 597351.18 y731 685596.08.

[[Page 132 STAT. 3825]]

SEC. 1321. FARGO-MOORHEAD METROPOLITAN AREA DIVERSION PROJECT, 
                          NORTH DAKOTA.

    (a) <<NOTE: Effective date.>>  Exemption.--Subject to subsections 
(b) and (c), notwithstanding section 404(b)(2)(B)(ii) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170c(b)(2)(B)(ii)), and any regulations promulgated to carry out that 
section, beginning on the date of enactment of this Act, any property in 
the State of North Dakota that was acquired through hazard mitigation 
assistance provided under section 203 of that Act (42 U.S.C. 5133), 
section 404 of that Act (42 U.S.C. 5170c), or section 1366 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4104c), that was subject 
to any open space deed restriction is exempt from those restrictions to 
the extent necessary to complete the Fargo-Moorhead Metropolitan Area 
Diversion Project authorized by section 7002(2) of the Water Resources 
Reform and Development Act of 2014 (128 Stat. 1366).

    (b) Conditions.--As a condition of the exemption under subsection 
(a)--
            (1) no new or additional structure unrelated to the Project 
        may be erected on the property unless the new or additional 
        structure is in compliance with section 404(b)(2)(B)(ii) of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5170c(b)(2)(B)(ii)); and
            (2) any subsequent use of the land on the property that is 
        unrelated to the Project shall comply with that section.

    (c) Disaster Assistance Prohibited.--After the date of enactment of 
this Act, no disaster assistance from any Federal source may be provided 
with respect to any improvements made on the property referred to in 
subsection (a).
    (d) Savings Provision.--Nothing in this section affects the 
responsibility of any entity to comply with all other applicable laws 
(including regulations) with respect to the properties described in 
subsection (a).
SEC. 1322. CLATSOP COUNTY, OREGON.

    The portions of the project for raising and improving existing 
levees of Clatsop County Diking District No. 13, in Clatsop County, 
Oregon, authorized by section 5 of the Act of June 22, 1936 (49 Stat. 
1590), that are referred to as Christensen No. 1 Dike No. 42 and 
Christensen No. 2 Levee No. 43 are no longer authorized beginning on the 
date of enactment of this Act.
SEC. 1323. SVENSEN ISLAND, OREGON.

    The project for flood risk management, Svensen Island, Oregon, 
authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 
180), is no longer authorized beginning on the date of enactment of this 
Act.
SEC. 1324. WEST TENNESSEE TRIBUTARIES PROJECT, TENNESSEE.

    The unconstructed portions of the West Tennessee tributaries project 
along the Obion and Forked Deer Rivers, Tennessee, authorized by section 
203 of the Flood Control Act of 1948 (62 Stat. 1178), and modified by 
section 207 of the Flood Control Act of 1966 (80 Stat. 1423), section 
3(a) of the Water Resources Development Act of 1974 (88 Stat. 14), and 
section 183 of the Water Resources Development Act of 1976 (90 Stat. 
2940), are no longer authorized beginning on the date of enactment of 
this Act.

[[Page 132 STAT. 3826]]

SEC. 1325. PUGET SOUND NEARSHORE ECOSYSTEM RESTORATION.

    Section 544(f) of the Water Resources Development Act of 2000 
(Public Law 106-541; 114 Stat. 2675) is amended--
            (1) by striking ``$40,000,000'' and inserting 
        ``$60,000,000''; and
            (2) by striking ``$5,000,000'' and inserting 
        ``$10,000,000''.
SEC. 1326. MILWAUKEE HARBOR, MILWAUKEE, WISCONSIN.

    The portion of the project for navigation, Milwaukee Harbor, 
Milwaukee, Wisconsin, authorized by the first section of the Act of 
March 3, 1843 (5 Stat. 619; chapter 85), consisting of the navigation 
channel within the Menomonee River that extends from the 16th Street 
Bridge upstream to the upper limit of the authorized navigation channel 
and described as follows is no longer authorized beginning on the date 
of enactment of this Act:
            (1) Beginning at a point in the channel just downstream of 
        the 16th Street Bridge, N383219.703, E2521152.527.
            (2) Thence running westerly along the channel about 2,530.2 
        feet to a point, N383161.314, E2518620.712.
            (3) Thence running westerly by southwesterly along the 
        channel about 591.7 feet to a point at the upstream limit of the 
        existing project, N383080.126, E2518036.371.
            (4) Thence running northerly along the upstream limit of the 
        existing project about 80.5 feet to a point, N383159.359, 
        E2518025.363.
            (5) Thence running easterly by northeasterly along the 
        channel about 551.2 feet to a point, N383235.185, E2518571.108.
            (6) Thence running easterly along the channel about 2,578.9 
        feet to a point, N383294.677, E2521150.798.
            (7) Thence running southerly across the channel about 74.3 
        feet to the point of origin.
SEC. 1327. <<NOTE: State list. Territories.>> PROJECT COMPLETION 
                          FOR DISASTER AREAS.

    The Secretary shall expeditiously carry out any project for flood 
risk management or hurricane and storm damage risk reduction authorized 
as of the date of enactment of this Act to be carried out by the 
Secretary in Texas, Florida, Georgia, Louisiana, South Carolina, the 
Commonwealth of Puerto Rico, or the United States Virgin Islands.
SEC. 1328. FEDERAL ASSISTANCE.

    (a) In General.--In accordance with the requirements of subsection 
(b), the Secretary is authorized to provide assistance for the operation 
and maintenance of a flood risk reduction project in the Red River Basin 
of the North that was constructed, prior to the date of enactment of 
this Act, under section 5(a) of the Act of August 18, 1941 (33 U.S.C. 
701n(a)).
    (b) Condition.--The Secretary may provide the assistance authorized 
by subsection (a) for a project that, as determined by the Secretary, 
becomes permanent due to the extended presence of assistance from the 
Secretary under section 5(a) of the Act of August 18, 1941 (33 U.S.C. 
701n(a)).
    (c) Termination.--The authority to provide assistance under this 
section terminates on the date that is 4 years after the date of 
enactment of this section.

[[Page 132 STAT. 3827]]

SEC. 1329. EXPEDITED INITIATION.

    Section 1322(b)(2) of the Water Resources Development Act of 2016 
(130 Stat. 1707) is amended, in the matter preceding subparagraph (A), 
by inserting ``or, in a case in which a general reevaluation report for 
the project is required, if such report has been submitted for 
approval,'' after ``completed report,''.
SEC. 1330. PROJECT DEAUTHORIZATION AND STUDY EXTENSIONS.

    (a) Project Deauthorizations.--Section 6003(a) of the Water 
Resources Reform and Development Act of 2014 (33 U.S.C. 579c(a)) is 
amended--
            (1) by striking ``7-year period'' each place it appears and 
        inserting ``10-year period''; and
            (2) by adding at the end the following:
            ``(3) Calculation.--In calculating the time period under 
        paragraph (1), the Secretary shall not include any period of 
        time during which the project is being reviewed and awaiting 
        determination by the Secretary to implement a locally preferred 
        plan for that project under section 1036(a).
            ``(4) Exception.--The Secretary shall not deauthorize any 
        project during the period described in paragraph (3).''.

    (b) Study Extensions.--Section 1001(d)(4) of the Water Resources 
Reform and Development Act of 2014 (33 U.S.C. 2282c(d)(4)) is amended by 
striking ``7 years'' and inserting ``10 years''.
SEC. 1331. CONVEYANCES.

    (a) Cheatham County, Tennessee.--
            (1) Conveyance authorized.--The Secretary may convey to 
        Cheatham County, Tennessee (in this subsection referred to as 
        the ``Grantee''), all right, title, and interest of the United 
        States in and to the real property in Cheatham County, 
        Tennessee, consisting of approximately 9.19 acres, identified as 
        portions of tracts E-514-1, E-514-2, E-518-1, E-518-2, E-519-1, 
        E-537-1, and E-538, all being part of the Cheatham Lock and Dam 
        project at CRM 158.5, including any improvements thereon.
            (2) Deed.--The Secretary shall convey the property under 
        this subsection by quitclaim deed under such terms and 
        conditions as the Secretary determines appropriate to protect 
        the interests of the United States, to include retaining the 
        right to inundate with water any land transferred under this 
        subsection.
            (3) Consideration.--The Grantee shall pay to the Secretary 
        an amount that is not less than the fair market value of the 
        land conveyed under this subsection, as determined by the 
        Secretary.
            (4) Subject to existing easements and other interests.--The 
        conveyance of property under this section shall be subject to 
        all existing easements, rights-of-way, and leases that are in 
        effect as of the date of the conveyance.

    (b) Nashville, Tennessee.--
            (1) Conveyance authorized.--The Secretary may convey, 
        without consideration, to the City of Nashville, Tennessee (in 
        this subsection referred to as the ``City''), all right, title, 
        and interest of the United States in and to the real property 
        covered by Lease No. DACW62-1-84-149, including any improvements

[[Page 132 STAT. 3828]]

        thereon, at the Riverfront Park Recreational Development, 
        consisting of approximately 5 acres, subject to the right of the 
        Secretary to retain any required easements in the property.
            (2) Conveyance agreement.--The Secretary shall convey by 
        quitclaim the real property described in paragraph (1) under the 
        terms and conditions mutually satisfactory to the Secretary and 
        the City. The deed shall provide that in the event that the 
        City, its successors, or assigns cease to maintain improvements 
        for recreation included in the conveyance or otherwise utilize 
        the real property conveyed for purposes other than recreation 
        and compatible flood risk management, the City, its successor, 
        or assigns shall repay to the United States the Federal share of 
        the cost of constructing the improvements for recreation under 
        the agreement between the United States and the City dated 
        December 8, 1981, increased as necessary to account for 
        inflation.

    (c) Locks and Dams 1 Through 4, Kentucky River, Kentucky.--
            (1) <<NOTE: Effective date.>>  In general.--Beginning on the 
        date of enactment of this Act, commercial navigation at Locks 
        and Dams 1 through 4, Kentucky River, Kentucky, shall no longer 
        be authorized, and the land and improvements associated with the 
        locks and dams shall be disposed of consistent with this 
        subsection and in accordance with the report of the Director of 
        Civil Works entitled ``Kentucky River Locks and Dams 1, 2, 3, 
        and 4, Disposition Study and Integrated Environmental 
        Assessment'' and dated April 20, 2018.
            (2) Disposition.--The Secretary shall convey to the State of 
        Kentucky (referred to in this section as the ``State''), for the 
        use and benefit of the Kentucky River Authority, all right, 
        title, and interest of the United States, together with any 
        improvements on the land, including improvements located in the 
        Kentucky River, in and to--
                    (A) Lock and Dam 1, located in Carroll County, 
                Kentucky;
                    (B) Lock and Dam 2, located in Owen and Henry 
                counties, Kentucky;
                    (C) Lock and Dam 3, located in Owen and Henry 
                counties, Kentucky; and
                    (D) Lock and Dam 4, located in Franklin County, 
                Kentucky.
            (3) Conditions.--
                    (A) Quitclaim deed.--The Secretary shall convey the 
                property described in paragraph (2) by quitclaim deed to 
                such State under such terms and conditions as the 
                Secretary determines appropriate to protect the 
                interests of the United States.
                    (B) Administrative costs.--The Secretary shall be 
                responsible for all administrative costs associated with 
                a conveyance under this subsection, including the costs 
                of any surveys the Secretary determines to be necessary.
                    (C) Improvements prohibited.--
                          (i) In general.--The Secretary may not improve 
                      the locks and dams and land and improvements 
                      associated with the locks and dams described in 
                      this subsection on or after the date of enactment 
                      of this Act.

[[Page 132 STAT. 3829]]

                          (ii) Savings clause.--Nothing in subparagraph 
                      (A) prohibits the State from improving the locks 
                      and dams and the land and improvements associated 
                      with the locks and dams described in this 
                      subsection on or after the date of conveyance 
                      under this subsection.
            (4) Savings clause.--If the State does not accept the 
        conveyance under this subsection of the land and improvements 
        associated with the locks and dams described in this subsection, 
        the Secretary may dispose of the land and improvements under 
        subchapter III of chapter 5 of title 40, United States Code.

    (d) Bainbridge, Georgia.--
            (1) In general.--On the date of enactment of this Act, the 
        Secretary of the Army shall convey to the City of Bainbridge, 
        Georgia, without consideration and subject to subsection (b), 
        all right, title, and interest in and to real property described 
        in subsection (c).
            (2) Terms and conditions.--
                    (A) In general.--The conveyance by the United States 
                under this subsection shall be subject to--
                          (i) the condition that the City of Bainbridge 
                      agrees to operate, maintain, and manage the 
                      property for fish and wildlife, recreation, and 
                      environmental purposes at no cost or expense to 
                      the United States; and
                          (ii) such other terms and conditions as the 
                      Secretary determines to be in the interest of the 
                      United States.
                    (B) <<NOTE: Determination.>>  Reversion.--If the 
                Secretary determines that the real property conveyed 
                under paragraph (1) ceases to be held in public 
                ownership or the city ceases to operate, maintain, and 
                manage the real property in accordance with this 
                subsection, all right, title, and interest in and to the 
                property shall revert to the United States, at the 
                option of the Secretary.
            (3) Property.--The property to be conveyed is composed of 
        the following three parcels of land:
                    (A) Parcel 1.--All that tract or parcel of land 
                lying and being in Land Lots 226. and 228, Fifteenth 
                Land District, and Land Lots 319, 320, 321, 322, 323 and 
                358, Twentieth Land District, Decatur County, Georgia, 
                more particularly described as follows:
                    Beginning at a concrete monument stamped ``358'' 
                which is 950 feet, more or less, North of the South line 
                and 600 feet, more or less, West of the East line of 
                said Land Lot 358, at a corner of a tract of land owned 
                by the United States of America at Lake Seminole and at 
                plane coordinate position North 318,698.72 feet and East 
                360,033.38 feet based on Transverse Mercator Projection, 
                Georgia West Zone;
                    Thence Due West 75 feet, more or less, to the 
                contour at elevation 77.0 feet above Mean Sea Level;
                    Thence Northeasterly along the meanders of said 77.0 
                foot contour a distance of 20,600 feet, more or less, to 
                the mouth of the entrance channel to the arena and boat 
                basin;
                    Thence N 75  E 150 feet, more or less, to another 
                point on said 77.0 foot contour;

[[Page 132 STAT. 3830]]

                    Thence Northeasterly along the meanders of said 77.0 
                foot contour a distance of 3,300 feet, more or less, to 
                a point which is on the boundary of said United States 
                tract and on the boundary of a tract of land now or 
                formerly owned by the City of Bainbridge, Georgia;
                    Thence along the boundary of said United States 
                tract the following courses:
                          S 10  52' E along the boundary of said City of 
                      Bainbridge tract 830 feet, more or less, to a 
                      corner of said tract;
                          S 89  45' E along the boundary of said City of 
                      Bainbridge tract 700 feet, more or less, to a 
                      concrete monument stamped ``J1A'', coordinates of 
                      said monument being North 328,902.34 feet and East 
                      369,302.33 feet;
                          S 22  25' W 62 feet, more or less, to a corner 
                      of another tract of land owned by the City of 
                      Bainbridge, Georgia;
                          S 88  07' W along the boundary of said City of 
                      Bainbridge tract 350 feet, more or less to a 
                      corner of said tract;
                          N 84  00' W along the boundary of said City of 
                      Bainbridge tract 100.5 feet to a corner said 
                      tract;
                          S 88  07' W along the boundary of said City of 
                      Bainbridge tract 300.0 feet to a corner of said 
                      tract;
                          S 14  16' W along boundary of said City of 
                      Bainbridge tract 89.3 feet to a corner of said 
                      tract;
                          Southwesterly along the boundary of said City 
                      of Bainbridge tract which is along a curve to the 
                      right with a radius of 684.69 feet an arc distance 
                      of 361.8 feet to a corner of said tract;
                          S 30  00' W along the boundary of said City of 
                      Bainbridge tract 294.0 feet to a corner of said 
                      tract;
                          S 10  27' W along the boundary of said City of 
                      Bainbridge tract 385.0 feet to a corner of said 
                      tract;
                          N 73  31' W 38 feet, more or less, to a 
                      concrete monument;
                          S 16  25' W 563.7 feet to a concrete monument 
                      stamped ``J7A'';
                          S 68  28' W 719.5 feet to a concrete monument 
                      stamped ``J9A'';
                          S 68  28' W 831.3 feet to a concrete monument 
                      stamped ``J12A'';
                          S 89  39' E 746.7 feet to a concrete monument 
                      stamped ``J11A'';
                          S 01  22' W 80.0 feet to a concrete monument 
                      stamped ``J11B'';
                          N 89  39' W 980.9 feet to a concrete monument 
                      stamped ``J13A'';
                          S 01  21' W 560.0 feet to a concrete monument 
                      stamped ``J15A'';
                          S 37  14' W 1,213.0 feet;
                          N 52  46' W 600.0 feet;
                          S 37  14' W 1,000.0 feet;
                          S 52  46' E 600.0 feet;
                          S 37  14' W 117.0 feet to a concrete monument 
                      stamped ``320/319'';

[[Page 132 STAT. 3831]]

                          S 37  13' W 1,403.8 feet to a concrete 
                      monument stamped ``322/319'';
                          S 37  13' W 2,771.4 feet to a concrete 
                      monument stamped ``322/323'';
                          S 37  13' W 1,459.2 feet;
                          N 89  04' W 578.9 feet;
                          S 53  42' W 367.7 feet;
                          S 43  42' W 315.3 feet;
                          S 26  13' W 654.9 feet, more or less, to the 
                      point of beginning.
                    Containing 550.00 acres, more or less, and being a 
                part of Tracts L-1105 and L-1106 of Lake Seminole.
                    (B) Parcel 2.--All that tract or parcel of land 
                lying and lying and being in Land Lot 226, Fifteenth 
                Land District, Decatur County, Georgia, more 
                particularly described as follows:
                    Beginning at a point which is on the East right-of-
                way line of the Seaboard Airline Railroad, 215 feet 
                North of the South end of the trestle over the Flint 
                River, and at a corner of a tract of land owned by the 
                United States of America at Lake Seminole;
                    Thence Southeasterly along the boundary of said 
                United States tract which is along a curve to the right 
                a distance of 485 feet, more or less, to a point which 
                is 340 feet, more or less, S 67  00' E from the South 
                end of said trestle, and at a corner of said United 
                States tract;
                    Thence N 70  00' E along the boundary of said United 
                States tract 60.0 feet to a corner of said tract;
                    Thence Northerly along the boundary of said United 
                States tract which is along a curve to the right a 
                distance of 525 feet, more or less, to a corner of said 
                tract;
                    Thence S 05  00' W along the boundary of said United 
                States tract 500.0 feet to a corner of said tract;
                    Thence Due West along the boundary of said United 
                States tract 370 feet, more or less, to a point which is 
                on the East right-of-way line of said railroad and at a 
                corner of said United States tract;
                    Thence N 13  30' W along the boundary of said United 
                States tract which is along the East right-of-way line 
                of said railroad a distance of 310 feet, more or less, 
                to the point of beginning.
                    Containing 3.67 acres, more or less, and being all 
                of Tract L-1124 of Lake Seminole.
                    Parcels 1 and 2 contain in the aggregate 553.67 
                acres, more or less.
                    (C) Parcel 3.--All that tract or panel of land lying 
                and being in Land Lot 225, Fifteenth Land District, 
                Decatur County, Georgia, more particularly described as 
                follows:
                    Beginning at an iron marker designated ``225/226/'', 
                which is on the South line and 500 feet, more or less, 
                West of the Southeast corner of said Land Lot 225 at a 
                corner of a tract of land owned by the United States of 
                America at Lake Seminole and at plane coordinate 
                position North 330,475.82 feet and East 370,429.36 feet, 
                based on Transverse Mercator Projection, Georgia West 
                Zone;

[[Page 132 STAT. 3832]]

                    Thence Due West along the boundary of said United 
                States tract a distance of 53.0 feet to a monument 
                stamped ``225/226-A'';
                    Thence continue Due West along the boundary of said 
                United States tract a distance of 56 feet, more or less, 
                to a point on the East bank of the Flint River;
                    Thence Northerly, upstream, along the meanders of 
                the East bank of said river a distance of 1,200 feet, 
                more or less, to a point which is on the Southern right-
                of-way line of U.S. Highway No. 84 and at a corner of 
                said United States tract;
                    Thence Easterly and Southeasterly along the Southern 
                right-of-way line of said highway, which is along the 
                boundary of said United States tract a distance of 285 
                feet, more or less, to a monument stamped ``L-23-1'', 
                the coordinates of said monument being North 331,410.90 
                and East 370,574.96;
                    Thence S 02  25' E along the boundary of said United 
                States tract a distance of 650.2 feet to a monument 
                stamped ``225-A'';
                    Thence S 42  13' E along the boundary of said United 
                States tract a distance of 99.8 feet to a monument 
                stamped ``225'';
                    Thence S 48  37' W along the boundary of said United 
                States tract a distance of 319.9 feet, more or less, to 
                the point of beginning.
                    Containing 4.14 acres, more or less, and being all 
                of Tract L-1123 of the Lake Seminole Project.

    (e) Port of Whitman County, Washington.--
            (1) Definitions.--In this subsection:
                    (A) Federal land.--The term ``Federal land'' means 
                the approximately 288 acres of land situated in Whitman 
                County, Washington, contained within Tract D of Little 
                Goose Lock and Dam.
                    (B) Non-federal land.--The term ``non-Federal land'' 
                means a tract or tracts of land owned by the Port of 
                Whitman County, Washington, that the Secretary 
                determines, with approval of the Washington Department 
                of Fish and Wildlife and the Secretary of the Interior 
                acting through the Director of the United States Fish 
                and Wildlife Service, equals or exceeds the value of the 
                Federal land both as habitat for fish and wildlife and 
                for recreational opportunities related to fish and 
                wildlife.
            (2) Land exchange.--On conveyance by the Port of Whitman 
        County to the United States of all right, title, and interest in 
        and to the non-Federal land, the Secretary of the Army shall 
        convey to the Port of Whitman County all right, title, and 
        interest of the United States in and to the Federal land.
            (3) Deeds.--
                    (A) Deed to non-federal land.--The Secretary may 
                only accept conveyance of the non-Federal land by 
                warranty deed, as determined acceptable by the 
                Secretary.
                    (B) Deed to federal land.--The Secretary shall 
                convey the Federal land to the Port of Whitman County by 
                quitclaim deed and subject to any reservations, terms, 
                and conditions the Secretary determines necessary to 
                allow the United States to operate and maintain the 
                Lower Snake

[[Page 132 STAT. 3833]]

                River Project and to protect the interests of the United 
                States.
            (4) Cash payment.--If the appraised fair market value of the 
        Federal land, as determined by the Secretary, exceeds the 
        appraised fair market value of the non-Federal land, as 
        determined by the Secretary, the Port of Whitman County shall 
        make a cash payment to the United States reflecting the 
        difference in the appraised fair market values.
            (5) Administrative expenses.--The Port of Whitman County 
        shall be responsible for the administrative costs of the 
        transaction in accordance with section 2695 of title 10, United 
        States Code.

    (f) Fort Dupont, Delaware.--
            (1) <<NOTE: Deadline.>>  In general.--Subject to paragraph 
        (2), not later than 180 days after the date of enactment of this 
        Act, the Secretary shall transfer--
                    (A) all right, title, and interest in and to a 
                parcel of land known as that part of the Original 
                Acquisition (OADE) Tract that includes the bed and banks 
                of the Delaware Branch Channel on the north side of the 
                Fifth Street Bridge, Delaware City, Delaware, containing 
                approximately 31.6 acres of land, to the Fort DuPont 
                Redevelopment and Preservation Corporation (herein 
                referred to as ``the Grantee''); and
                    (B) all right, title, and interest in and to the 
                Fifth Street Bridge, together with the land known as 
                that part of the Original Acquisition (OADE) Tract that 
                includes the banks and bed of the Delaware Branch 
                Channel, Delaware City, Delaware, containing 
                approximately 0.27 acres of land, to the State of 
                Delaware.
            (2) Conditions.--
                    (A) State approval.--Before making a transfer under 
                paragraph (1), the Secretary shall ensure that the 
                Governor of Delaware agrees to the transfer.
                    (B) Toll-free bridge.--Before making a transfer 
                under subparagraph (1)(B), the Governor of Delaware 
                shall agree to ensure that no toll is imposed for use of 
                the bridge referred to in that subsection, in accordance 
                with section 109 of the River and Harbor Act of 1950 (33 
                U.S.C. 534).
                    (C) Survey.--The exact acreage and legal description 
                of the land to be transferred under paragraph (1) shall 
                be determined by a survey satisfactory to the Secretary 
                and the Governor of Delaware.
                    (D) Costs.--Any administrative costs for the 
                transfer under paragraph (1) shall be paid by Fort 
                DuPont Redevelopment and Preservation Corporation, the 
                State of Delaware, or a combination of those entities.
            (3) Consideration.--The Grantee shall pay to the Secretary 
        an amount that is not less than the fair market value of the 
        land conveyed to the Grantee under this subsection, as 
        determined by the Secretary.

    (g) Tuscaloosa, Alabama.--As soon as practicable after the date of 
enactment of this Act, the Secretary of the Army shall convey by 
quitclaim deed to the City of Tuscaloosa, Alabama, at fair market value, 
the lands owned by the United States adjacent

[[Page 132 STAT. 3834]]

to the Black Warrior River on the south side below the U.S. Highway 43 
bridge, including the south wall of the Old Oliver Lock, and extending 
to the Corps' current recreation area, that the Secretary determines are 
no longer required for operation and maintenance of the Oliver Lock and 
Dam.
    (h) Generally Applicable Provisions.--
            (1) <<NOTE: Determination.>>  Survey to obtain legal 
        description.--The exact acreage and the legal description of any 
        real property to be conveyed under this section shall be 
        determined by a survey that is satisfactory to the Secretary.
            (2) Applicability of property screening provisions.--Section 
        2696 of title 10, United States Code, shall not apply to any 
        conveyance under this section.
            (3) Additional terms and conditions.--The Secretary may 
        require that any conveyance under this section be subject to 
        such additional terms and conditions as the Secretary considers 
        necessary and appropriate to protect the interests of the United 
        States.
            (4) Costs of conveyance.--An entity to which a conveyance is 
        made under this section shall be responsible for all reasonable 
        and necessary costs, including real estate transaction and 
        environmental documentation costs, associated with the 
        conveyance.
            (5) Liability.--An entity to which a conveyance is made 
        under this section shall hold the United States harmless from 
        any liability with respect to activities carried out, on or 
        after the date of the conveyance, on real property conveyed. The 
        United States shall remain responsible for any liability with 
        respect to activities carried out, before such date, on the real 
        property conveyed.
SEC. 1332. REPORT ON FUTURE WATER RESOURCES DEVELOPMENT.

    (a) Programmatic Modification.--Section 7001 of the Water Resources 
Reform and Development Act of 2014 (33 U.S.C. 2282d(a)) is amended--
            (1) in subsection (a) by adding at the end the following:
            ``(4) Programmatic modifications.--Any programmatic 
        modification for an environmental infrastructure assistance 
        program.'';
            (2) in subsection (b)(1) by striking ``studies and proposed 
        modifications to authorized water resources development projects 
        and feasibility studies'' and inserting ``studies, proposed 
        modifications to authorized water resources development projects 
        and feasibility studies, and proposed modifications for an 
        environmental infrastructure program'';
            (3) by redesignating subsections (d), (e), and (f) as 
        subsections (e), (f), and (g), respectively;
            (4) by inserting after subsection (c) the following:

    ``(d) Programmatic Modifications in Annual Report.--The Secretary 
shall include in the annual report only proposed modifications for an 
environmental infrastructure assistance program that have not been 
included in any previous annual report. For each proposed modification, 
the Secretary shall include a letter or statement of support for the 
proposed modification from each associated non-Federal interest, 
description of assistance provided, and total Federal cost of assistance 
provided.''; and
            (5) by striking subsection (c)(4) and inserting the 
        following:

[[Page 132 STAT. 3835]]

            ``(4) Appendix.--
                    ``(A) In general.--The Secretary shall include in 
                the annual report an appendix listing the proposals 
                submitted under subsection (b) that were not included in 
                the annual report under paragraph (1)(A) and a 
                description of why the Secretary determined that those 
                proposals did not meet the criteria for inclusion under 
                such paragraph.
                    ``(B) Limitation.--In carrying out the activities 
                described in this section--
                          ``(i) the Secretary shall not include 
                      proposals in the appendix of the annual report 
                      that otherwise meet the criteria for inclusion in 
                      the annual report solely on the basis of the 
                      Secretary's determination that the proposal 
                      requires legislative changes to an authorized 
                      water resources development project, feasibility 
                      study, or environmental infrastructure program; 
                      and
                          ``(ii) the Secretary shall not include 
                      proposals in the appendix of the annual report 
                      that otherwise meet the criteria for inclusion in 
                      the annual report solely on the basis of a policy 
                      of the Secretary.''.

    (b) <<NOTE: 33 USC 579a note.>>  Savings Clause.--Notwithstanding 
the third sentence of section 1001(b)(2) of the Water Resources 
Development Act of 1986 (33 U.S.C. 579a(b)(2)), projects and separable 
elements of projects identified in the fiscal year 2017 report prepared 
in accordance with such section and submitted to Congress on December 
15, 2016, shall not be deauthorized unless such projects and separable 
elements meet the requirements of section 1301(b)(1)(A) of the Water 
Resources Development Act of 2016 (130 Stat. 1687).

               Subtitle D--Water Resources Infrastructure

SEC. 1401. PROJECT AUTHORIZATIONS.

    The following projects for water resources development and 
conservation and other purposes, as identified in the reports titled 
``Report to Congress on Future Water Resources Development'' submitted 
to Congress on March 17, 2017, and February 5, 2018, respectively, 
pursuant to section 7001 of the Water Resources Reform and Development 
Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by Congress are 
authorized to be carried out by the Secretary substantially in 
accordance with the plans, and subject to the conditions, described in 
the respective reports or decision documents designated in this section:
            (1) Navigation.--


[[Page 132 STAT. 3836]]



------------------------------------------------------------------------
                               C.  Date of
                                Report of
A. State       B.  Name          Chief of        D.  Estimated  Costs
                                Engineers
------------------------------------------------------------------------
1. AR     Three Rivers        September 6,   Total: $184,395,000 (to be
           Southeast           2018           derived \1/2\ from the
           Arkansas                           general fund of the
                                              Treasury and \1/2\ from
                                              the Inland Waterways Trust
                                              Fund)
------------------------------------------------------------------------
2. PR     San Juan Harbor     August 23,     Federal: $41,345,840
                               2018          Non-Federal: $13,781,267
                                             Total: $55,127,107
------------------------------------------------------------------------
3. TX     Galveston Harbor     Aug. 8, 2017  Federal: $10,444,000
           Channel Extension                 Non-Federal: $3,481,000
           Project, Houston-                 Total: $13,925,000
           Galveston
           Navigation
           Channels
------------------------------------------------------------------------
4. WA     Seattle Harbor      June 7, 2018   Federal: $29,362,000
           Navigation                        Non-Federal: $31,880,000
           Improvement                       Total: $61,242,000
           Project
------------------------------------------------------------------------


            (2) Flood risk management.--


------------------------------------------------------------------------
                               C.  Date of
                                Report of
A. State       B.  Name          Chief of        D.  Estimated  Costs
                                Engineers
------------------------------------------------------------------------
1. CA     Lower San Joaquin   July 31, 2018  Federal: $712,169,000
           River                             Non-Federal: $383,475,000
                                             Total: $1,095,644,000
------------------------------------------------------------------------

[[Page 132 STAT. 3837]]

 
2. HI     Ala Wai Canal       Dec. 21, 2017  Federal: $212,754,000
                                             Non-Federal: $114,560,000
                                             Total: $327,313,000
------------------------------------------------------------------------
3. NY      Mamaroneck-        Dec. 14, 2017  Federal: $53,500,000
           Sheldrake Rivers                  Non-Federal: $28,750,000
                                             Total: $82,250,000
------------------------------------------------------------------------


            (3) Hurricane and storm damage risk reduction.--


------------------------------------------------------------------------
                               C.  Date of
                                Report of       D.  Estimated Initial
A. State       B.  Name          Chief of        Costs and  Estimated
                                Engineers        Renourishment  Costs
------------------------------------------------------------------------
1. FL      St. Johns County   Aug. 8, 2017   Initial Federal: $5,873,283
                                              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
------------------------------------------------------------------------

[[Page 132 STAT. 3838]]

 
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      Dec. 7, 2017   Federal: $2,200,357,000
           Galveston Bay                      Non-Federal:
                                              $1,184,807,000
                                              Total: $3,385,164,000
------------------------------------------------------------------------


            (4) Flood risk management and ecosystem restoration.--


------------------------------------------------------------------------
                               C.  Date of
                                Report of
A. State       B.  Name          Chief of        D.  Estimated  Costs
                                Engineers
------------------------------------------------------------------------
1. NM     Espanola Valley,     May 11, 2018  Federal: $55,602,266
           Rio Grande                        Non-Federal: $7,637,764
                                             Total: $63,240,030
------------------------------------------------------------------------


            (5) Ecosystem restoration.--


[[Page 132 STAT. 3839]]



------------------------------------------------------------------------
                               C.  Date of
                                Report of
A. State       B.  Name          Chief of        D.  Estimated  Costs
                                Engineers
------------------------------------------------------------------------
1. TX     Resacas, in the      September 6,  Federal: $141,489,000
           vicinity of the     2018          Non-Federal: $65,675,000
           City of                           Total: $207,164,000
           Brownsville
------------------------------------------------------------------------


            (6) Modifications and other projects.--


------------------------------------------------------------------------
                               C.  Date of
A. State       B.  Name          Decision        D.  Estimated  Costs
                                 Document
------------------------------------------------------------------------
1. GA     Savannah Harbor      Dec. 5, 2016  Federal: $731,700,000
           Expansion Project                 Non-Federal: $287,200,000
                                             Total: $1,018,900,000
------------------------------------------------------------------------
2. MI     Soo Locks, Sault    June 29, 2018  Federal: $922,432,000
           Ste. Marie                        Non-Federal: $0
                                             Total: $922,432,000
------------------------------------------------------------------------
3. TN     Chickamauga Lock    July 19, 2018  Total: $757,666,000 (to be
           Replacement                        derived \1/2\ from the
                                              general fund of the
                                              Treasury and \1/2\ from
                                              the Inland Waterways Trust
                                              Fund)
------------------------------------------------------------------------


SEC. 1402. SPECIAL RULES.

    (a) St. Paul Harbor, Alaska.--Notwithstanding section 2008(c) of the 
Water Resources Development Act of 2007 (Public Law 110-114; 121 Stat. 
1074), the project for navigation, St. Paul Harbor, authorized by 
section 101(b)(3) of the Water Resources Development Act of 1996 (110 
Stat. 3667), shall be cost-shared substantially in accordance with the 
costs established by section 105 of the Energy and Water Development 
Appropriations Act, 2003 (117 Stat. 139).
    (b) Espanola Valley, New Mexico.--The Secretary shall carry out the 
project for flood risk management and ecosystem restoration, Espanola 
Valley, Rio Grande and Tributaries, New Mexico, authorized by section 
1401(4) of this Act substantially in accordance with terms and 
conditions described in the Report of the Chief

[[Page 132 STAT. 3840]]

of Engineers, dated May 11, 2018, including, notwithstanding section 
2008(c) of the Water Resources Development Act of 2007 (Public Law 110-
114; 121 Stat. 1074), the recommended cost share.
SEC. 1403. NORFOLK HARBOR AND CHANNELS, VIRGINIA.

    (a) In General.--The Secretary is authorized to further improve the 
project for navigation, Norfolk Harbor and Channels, Virginia, 
authorized by section 201 of the Water Resources Development Act of 1986 
(100 Stat. 4090), substantially in accordance with the plans, and 
subject to the conditions, described in the Report of the Chief of 
Engineers dated June 29, 2018.
    (b) Thimble Shoal Channel Widening.--The Secretary may carry out 
additional modifications to the project described in subsection (a) that 
are identified in the report titled ``Report to Congress on Future Water 
Resources Development'' submitted to Congress on February 5, 2018, 
pursuant to section 7001 of the Water Resources Reform and Development 
Act of 2014 (33 U.S.C. 2282d).
    (c) Maximum Authorized Cost.--Notwithstanding section 902(a)(2)(B) 
of the Water Resources Development Act of 1986 (33 U.S.C. 
2280(a)(2)(B)), the maximum authorized cost for the project described in 
subsection (a) shall not be modified for the improvements and 
modifications authorized by subsections (a) and (b).

               TITLE II--DRINKING WATER SYSTEM IMPROVEMENT

SEC. 2001. <<NOTE: 42 USC 300j-3c note.>>  INDIAN RESERVATION 
                          DRINKING WATER PROGRAM.

    (a) In General.--Subject to the availability of appropriations, the 
Administrator of the Environmental Protection Agency shall carry out a 
program to implement--
            (1) 10 eligible projects described in subsection (b) that 
        are within the Upper Missouri River Basin; and
            (2) 10 eligible projects described in subsection (b) that 
        are within the Upper Rio Grande Basin.

    (b) Eligible Projects.--A project eligible to participate in the 
program under subsection (a) is a project--
            (1) that is on a reservation (as defined in section 3 of the 
        Indian Financing Act of 1974 (25 U.S.C. 1452)) that serves a 
        federally recognized Indian Tribe; and
            (2) the purpose of which is to connect, expand, or repair an 
        existing public water system, as defined in section 1401(4) of 
        the Safe Drinking Water Act (42 U.S.C. 300f(4)), in order to 
        improve water quality, water pressure, or water services.

    (c) Requirement.--In carrying out the program under subsection 
(a)(1), the Administrator of the Environmental Protection Agency shall 
select not less than one eligible project for a reservation that serves 
more than one federally recognized Indian Tribe.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the program under subsection (a) $20,000,000 
for each of fiscal years 2019 through 2022.
SEC. 2002. CLEAN, SAFE, RELIABLE WATER INFRASTRUCTURE.

    Section 1452(k) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(k)) is amended--
            (1) in paragraph (1)(D), by inserting ``and for the 
        implementation of efforts (other than actions authorized under

[[Page 132 STAT. 3841]]

        subparagraph (A)) to protect source water in areas delineated 
        pursuant to section 1453'' before the period at the end; and
            (2) in paragraph (2)(E), by inserting ``, and to implement 
        efforts to protect source water,'' after ``wellhead protection 
        programs''.
SEC. 2003. STUDY ON INTRACTABLE WATER SYSTEMS.

    Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is 
amended by adding at the end the following:
``SEC. 1459C. <<NOTE: 42 USC 300j-19c.>>  STUDY ON INTRACTABLE 
                            WATER SYSTEMS.

    ``(a) Definition of Intractable Water System.--In this section, the 
term `intractable water system' means a community water system or a 
noncommunity water system--
            ``(1) that serves fewer than 1,000 individuals;
            ``(2) the owner or operator of which--
                    ``(A) is unable or unwilling to provide safe and 
                adequate service to those individuals;
                    ``(B) has abandoned or effectively abandoned the 
                community water system or noncommunity water system, as 
                applicable;
                    ``(C) has defaulted on a financial obligation 
                relating to the community water system or noncommunity 
                water system, as applicable; or
                    ``(D) fails to maintain the facilities of the 
                community water system or noncommunity water system, as 
                applicable, in a manner so as to prevent a potential 
                public health hazard; and
            ``(3) that is, as of the date of enactment of America's 
        Water Infrastructure Act of 2018--
                    ``(A) in significant noncompliance with this Act or 
                any regulation promulgated pursuant to this Act; or
                    ``(B) listed as having a history of significant 
                noncompliance with this title pursuant to section 
                1420(b)(1).

    ``(b) Study Required.--
            ``(1) <<NOTE: Deadline. Consultation.>>  In general.--Not 
        later than 2 years after the date of enactment of this section, 
        the Administrator, in consultation with the Secretary of 
        Agriculture and the Secretary of Health and Human Services, 
        shall complete a study that--
                    ``(A) identifies intractable water systems; and
                    ``(B) describes barriers to delivery of potable 
                water to individuals served by an intractable water 
                system.
            ``(2) Report to congress.--Not later than 2 years after the 
        date of enactment of this section, the Administrator shall 
        submit to Congress a report describing findings and 
        recommendations based on the study under this subsection.''.
SEC. 2004. SENSE OF CONGRESS RELATING TO ACCESS TO NONPOTABLE 
                          WATER.

    It is the sense of Congress that--
            (1) access to nonpotable water sources for industry can 
        relieve the supply and demand challenges for potable water in 
        water-stressed regions throughout the United States; and
            (2) water users are encouraged to continue implementing and 
        incentivizing nonpotable water reuse programs that will achieve 
        greater water savings and conservation needs.

[[Page 132 STAT. 3842]]

SEC. 2005. DRINKING WATER INFRASTRUCTURE RESILIENCE AND 
                          SUSTAINABILITY.

    Section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j-19a) is 
amended--
            (1) by redesignating subsection (j) as subsection (k);
            (2) in subsection (k), as redesignated by paragraph (1), by 
        striking ``this section'' and inserting ``subsections (a) 
        through (j) of this section'';
            (3) by inserting after subsection (i) the following:

    ``(j) State Response to Contaminants.--
            ``(1) In general.--The Administrator may, subject to the 
        terms and conditions of this section, issue a grant to a 
        requesting State, on behalf of an underserved community, so the 
        State may assist in, or otherwise carry out, necessary and 
        appropriate activities related to a contaminant--
                    ``(A) that is determined by the State to--
                          ``(i) be present in, or likely to enter into, 
                      a public water system serving, or an underground 
                      source of drinking water for, such underserved 
                      community; and
                          ``(ii) potentially present an imminent and 
                      substantial endangerment to the health of persons; 
                      and
                    ``(B) with respect to which the State determines 
                appropriate authorities have not acted sufficiently to 
                protect the health of such persons.
            ``(2) Recovery of funds.--If, subsequent to the 
        Administrator's award of a grant to a State under this 
        subsection, any person or entity (including an eligible entity), 
        is found by the Administrator or a court of competent 
        jurisdiction to have caused or contributed to contamination that 
        was detected as a result of testing conducted, or treated, with 
        funds provided under this subsection, and such contamination 
        violated a law administered by the Administrator, such person or 
        entity shall, upon issuance of a final judgment or settlement 
        and the exhaustion of all appellate and administrative 
        remedies--
                    ``(A) <<NOTE: Notification. Deadline.>>  notify the 
                Administrator in writing not later than 30 days after 
                such issuance of a final judgment or settlement and the 
                exhaustion of all appellate and administrative remedies; 
                and
                    ``(B) promptly pay the Administrator an amount equal 
                to the amount of such funds.''; and
            (4) by adding at the end the following:

    ``(l) Drinking Water Infrastructure Resilience and Sustainability.--
            ``(1) <<NOTE: Definition.>>  Resilience and natural 
        hazard.--The terms `resilience' and `natural hazard' have the 
        meaning given such terms in section 1433(h).
            ``(2) <<NOTE: Grants.>>  In general.--The Administrator may 
        establish and carry out a program, to be known as the Drinking 
        Water System Infrastructure Resilience and Sustainability 
        Program, under which the Administrator, subject to the 
        availability of appropriations for such purpose, shall award 
        grants in each of fiscal years 2019 and 2020 to eligible 
        entities for the purpose of increasing resilience to natural 
        hazards.
            ``(3) Use of funds.--An eligible entity may only use grant 
        funds received under this subsection to assist in the planning,

[[Page 132 STAT. 3843]]

        design, construction, implementation, operation, or maintenance 
        of a program or project that increases resilience to natural 
        hazards through--
                    ``(A) the conservation of water or the enhancement 
                of water use efficiency;
                    ``(B) the modification or relocation of existing 
                drinking water system infrastructure made, or that is at 
                risk of being, significantly impaired by natural 
                hazards, including risks to drinking water from 
                flooding;
                    ``(C) the design or construction of desalination 
                facilities to serve existing communities;
                    ``(D) the enhancement of water supply through the 
                use of watershed management and source water protection;
                    ``(E) the enhancement of energy efficiency or the 
                use and generation of renewable energy in the conveyance 
                or treatment of drinking water; or
                    ``(F) the development and implementation of measures 
                to increase the resilience of the eligible entity to 
                natural hazards.
            ``(4) Application.--To seek a grant under this subsection, 
        the eligible entity shall submit to the Administrator an 
        application that--
                    ``(A) <<NOTE: Proposal.>>  includes a proposal of 
                the program or project to be planned, designed, 
                constructed, implemented, operated, or maintained by the 
                eligible entity;
                    ``(B) identifies the natural hazard risk to be 
                addressed by the proposed program or project;
                    ``(C) provides documentation prepared by a Federal, 
                State, regional, or local government agency of the 
                natural hazard risk to the area where the proposed 
                program or project is to be located;
                    ``(D) includes a description of any recent natural 
                hazard events that have affected the applicable water 
                system;
                    ``(E) includes a description of how the proposed 
                program or project would improve the performance of the 
                system under the anticipated natural hazards; and
                    ``(F) explains how the proposed program or project 
                is expected to enhance the resilience of the system to 
                the anticipated natural hazards.
            ``(5) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $4,000,000 for 
        each of fiscal years 2019 and 2020.''.
SEC. 2006. VOLUNTARY SCHOOL AND CHILD CARE PROGRAM LEAD TESTING 
                          GRANT PROGRAM ENHANCEMENT.

    (a) Voluntary School and Child Care Program Lead Testing Grant 
Program Enhancement.--Section 1464(d) of the Safe Drinking Water Act (42 
U.S.C. 300j-24(d)) is amended--
            (1) in paragraph (2), by adding at the end the following:
                    ``(C) <<NOTE: Effective date.>>  Technical 
                assistance.--In carrying out the grant program under 
                subparagraph (A), beginning not later than 1 year after 
                the date of enactment of America's Water Infrastructure 
                Act of 2018, the Administrator shall provide technical 
                assistance to recipients of grants under this 
                subsection--
                          ``(i) to assist in identifying the source of 
                      lead contamination in drinking water at schools 
                      and child

[[Page 132 STAT. 3844]]

                      care programs under the jurisdiction of the grant 
                      recipient;
                          ``(ii) to assist in identifying and applying 
                      for other Federal and State grant programs that 
                      may assist the grant recipient in eliminating lead 
                      contamination described in clause (i);
                          ``(iii) to provide information on other 
                      financing options in eliminating lead 
                      contamination described in clause (i); and
                          ``(iv) to connect grant recipients with 
                      nonprofit and other organizations that may be able 
                      to assist with the elimination of lead 
                      contamination described in clause (i).'';
            (2) by redesignating paragraphs (4) through (7) as 
        paragraphs (5) through (8), respectively;
            (3) by inserting after paragraph (3) the following 
        paragraph:
            ``(4) Priority.--In making grants under this subsection, the 
        Administrator shall give priority to States and local 
        educational agencies that will assist in voluntary testing for 
        lead contamination in drinking water at schools and child care 
        programs that are in low-income areas.''; and
            (4) in paragraph (8) (as redesignated by paragraph (2) of 
        this section)--
                    (A) by striking ``is authorized'' and inserting 
                ``are authorized''; and
                    (B) by striking ``2021'' and inserting ``2019, and 
                $25,000,000 for each of fiscal years 2020 and 2021''.

    (b) Drinking Water Fountain Replacement for Schools.--
            (1) In general.--Part F of the Safe Drinking Water Act (42 
        U.S.C. 300j-21 et seq.) is amended by adding at the end the 
        following:
``SEC. 1465. <<NOTE: 42 USC 300j-25.>>  DRINKING WATER FOUNTAIN 
                          REPLACEMENT FOR SCHOOLS.

    ``(a) <<NOTE: Deadline.>>  Establishment.--Not later than 1 year 
after the date of enactment of this section, the Administrator shall 
establish a grant program to provide assistance to local educational 
agencies for the replacement of drinking water fountains manufactured 
prior to 1988.

    ``(b) Use of Funds.--Funds awarded under the grant program--
            ``(1) shall be used to pay the costs of replacement of 
        drinking water fountains in schools; and
            ``(2) may be used to pay the costs of monitoring and 
        reporting of lead levels in the drinking water of schools of a 
        local educational agency receiving such funds, as determined 
        appropriate by the Administrator.

    ``(c) Priority.--In awarding funds under the grant program, the 
Administrator shall give priority to local educational agencies based on 
economic need.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2019 through 2021.''.
            (2) Definitions.--Section 1461(5) of the Safe Drinking Water 
        Act (42 U.S.C. 300j-21(5)) is amended by inserting ``or

[[Page 132 STAT. 3845]]

        drinking water fountain'' after ``water cooler'' each place it 
        appears.
SEC. 2007. <<NOTE: 42 USC 300j-1a.>>  INNOVATIVE WATER TECHNOLOGY 
                          GRANT PROGRAM.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a public water system (as defined under section 
                1401(4) of the Safe Drinking Water Act (42 U.S.C. 
                300f(4)));
                    (B) an institution of higher education;
                    (C) a research institution or foundation;
                    (D) a regional water organization; or
                    (E) a nonprofit organization described in section 
                1442(e)(8) of the Safe Drinking Water Act (42 U.S.C. 
                300j-1(e)(8)).

    (b) Grant Program Authorized.--The Administrator shall carry out a 
grant program for the purpose of accelerating the development and 
deployment of innovative water technologies that address pressing 
drinking water supply, quality, treatment, or security challenges of 
public water systems, areas served by private wells, or source waters.
    (c) Grants.--In carrying out the program under subsection (b), the 
Administrator shall make grants to eligible entities--
            (1) to develop, test, and deploy innovative water 
        technologies; or
            (2) to provide technical assistance to deploy demonstrated 
        innovative water technologies.

    (d) Selection Criteria.--In making grants under this section, the 
Administrator shall--
            (1) award grants through a competitive process to eligible 
        entities the Administrator determines are best able to carry out 
        the purpose of the program; and
            (2) give priority to projects that have the potential--
                    (A) to reduce ratepayer or community costs or costs 
                of future capital investments;
                    (B) to significantly improve human health or the 
                environment; or
                    (C) to provide additional drinking water supplies 
                with minimal environmental impact.

    (e) Cost-Sharing.--The Federal share of the cost of activities 
carried out using a grant under this section shall be not more than 65 
percent.
    (f) Limitation.--The maximum amount of a grant under this section 
shall be $5,000,000.
    (g) <<NOTE: Public information. Web posting.>>  Report.--Each year, 
the Administrator shall submit to Congress and make publicly available 
on the website of the Administrator a report that describes any 
advancements during the previous year in development of innovative water 
technologies made as a result of funding provided under this section.

    (h) Partnerships.--Grants awarded under this program may include 
projects that are carried out by an eligible entity in cooperation with 
a private entity, including a farmer, farmer cooperative, or 
manufacturer of water technologies.
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2019 and 2020.

[[Page 132 STAT. 3846]]

SEC. 2008. IMPROVED CONSUMER CONFIDENCE REPORTS.

    Section 1414(c)(4) of the Safe Drinking Water Act (42 U.S.C. 300g-
3(c)(4)) is amended--
            (1) in the heading for subparagraph (A), by striking 
        ``Annual reports'' and inserting ``Reports'';
            (2) in subparagraph (A), by inserting ``, or provide by 
        electronic means,'' after ``to mail'';
            (3) in subparagraph (B)--
                    (A) in clause (iv), by striking ``the Administrator, 
                and'' and inserting ``the Administrator, including 
                corrosion control efforts, and''; and
                    (B) by adding at the end the following clause:
                          ``(vii) Identification of, if any--
                                    ``(I) exceedances described in 
                                paragraph (1)(D) for which corrective 
                                action has been required by the 
                                Administrator or the State (in the case 
                                of a State exercising primary 
                                enforcement responsibility for public 
                                water systems) during the monitoring 
                                period covered by the consumer 
                                confidence report; and
                                    ``(II) violations that occurred 
                                during the monitoring period covered by 
                                the consumer confidence report.''; and
            (4) by adding at the end the following new subparagraph:
                    ``(F) Revisions.--
                          
                      ``(i) <<NOTE: Deadline. Consultation. Regulations.>> 
                       Understandability and frequency.--Not later than 
                      24 months after the date of enactment of America's 
                      Water Infrastructure Act of 2018, the 
                      Administrator, in consultation with the parties 
                      identified in subparagraph (A), shall issue 
                      revisions to the regulations issued under 
                      subparagraph (A)--
                                    ``(I) to increase--
                                            ``(aa) the readability, 
                                        clarity, and understandability 
                                        of the information presented in 
                                        consumer confidence reports; and
                                            ``(bb) the accuracy of 
                                        information presented, and risk 
                                        communication, in consumer 
                                        confidence reports; and
                                    ``(II) with respect to community 
                                water systems that serve 10,000 or more 
                                persons, to require each such community 
                                water system to provide, by mail, 
                                electronic means, or other methods 
                                described in clause (ii), a consumer 
                                confidence report to each customer of 
                                the system at least biannually.
                          ``(ii) Electronic delivery.--Any revision of 
                      regulations pursuant to clause (i) shall allow 
                      delivery of consumer confidence reports by methods 
                      consistent with methods described in the 
                      memorandum `Safe Drinking Water Act-Consumer 
                      Confidence Report Rule Delivery Options' issued by 
                      the Environmental Protection Agency on January 3, 
                      2013.''.
SEC. 2009. CONTRACTUAL AGREEMENTS.

    (a) In General.--Section 1414(h)(1) of the Safe Drinking Water Act 
(42 U.S.C. 300g-3(h)(1)) is amended--
            (1) in subparagraph (B), by striking ``or'' after the 
        semicolon;

[[Page 132 STAT. 3847]]

            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) entering into a contractual agreement for 
                significant management or administrative functions of 
                the system to correct violations identified in the 
                plan.''.

    (b) Technical Amendment.--Section 1414(i)(1) of the Safe Drinking 
Water Act (42 U.S.C. 300g-3(i)(1)) is amended by inserting a comma after 
``1417''.
SEC. 2010. ADDITIONAL CONSIDERATIONS FOR COMPLIANCE.

    (a) Mandatory Assessment.--Subsection (h) of section 1414 of the 
Safe Drinking Water Act (42 U.S.C. 300g-3) is amended by adding at the 
end the following:
            ``(3) Authority for mandatory assessment.--
                    ``(A) Authority.--A State with primary enforcement 
                responsibility or the Administrator (if the State does 
                not have primary enforcement responsibility) may require 
                the owner or operator of a public water system to assess 
                options for consolidation, or transfer of ownership of 
                the system, as described in paragraph (1), or other 
                actions expected to achieve compliance with national 
                primary drinking water regulations described in clause 
                (i)(I), if--
                          ``(i) the public water system--
                                    ``(I) has repeatedly violated one or 
                                more national primary drinking water 
                                regulations and such repeated violations 
                                are likely to adversely affect human 
                                health; and
                                    ``(II)(aa) is unable or unwilling to 
                                take feasible and affordable actions, as 
                                determined by the State with primary 
                                enforcement responsibility or the 
                                Administrator (if the State does not 
                                have primary enforcement 
                                responsibility), that will result in the 
                                public water system complying with the 
                                national primary drinking water 
                                regulations described in subclause (I), 
                                including accessing technical assistance 
                                and financial assistance through the 
                                State loan fund pursuant to section 
                                1452; or
                                    ``(bb) has already undertaken 
                                actions described in item (aa) without 
                                achieving compliance;
                          ``(ii) such consolidation, transfer, or other 
                      action is feasible; and
                          ``(iii) such consolidation, transfer, or other 
                      action could result in greater compliance with 
                      national primary drinking water regulations.
                    ``(B) Tailoring of assessments.--Requirements for 
                any assessment to be conducted pursuant to subparagraph 
                (A) shall be tailored with respect to the size, type, 
                and characteristics, of the public water system to be 
                assessed.
                    ``(C) Approved entities.--An assessment conducted 
                pursuant to subparagraph (A) may be conducted by an 
                entity approved by the State requiring such assessment 
                (or the Administrator, if the State does not have 
                primary enforcement responsibility), which may include 
                such State (or the Administrator, as applicable), the 
                public water system, or a third party.

[[Page 132 STAT. 3848]]

                    ``(D) Burden of assessments.--It is the sense of 
                Congress that any assessment required pursuant to 
                subparagraph (A) should not be overly burdensome on the 
                public water system that is assessed.
            ``(4) Financial assistance.--Notwithstanding section 
        1452(a)(3), a public water system undertaking consolidation or 
        transfer of ownership or other actions pursuant to an assessment 
        completed under paragraph (3) may receive a loan described in 
        section 1452(a)(2)(A) to carry out such consolidation, transfer, 
        or other action.
            ``(5) Protection of nonresponsible system.--
                    ``(A) Identification of liabilities.--
                          ``(i) <<NOTE: Plans.>>  In general.--An owner 
                      or operator of a public water system that submits 
                      a plan pursuant to paragraph (1) based on an 
                      assessment conducted with respect to such public 
                      water system under paragraph (3) shall identify as 
                      part of such plan--
                                    ``(I) any potential and existing 
                                liability for penalties and damages 
                                arising from each specific violation 
                                identified in the plan of which the 
                                owner or operator is aware; and
                                    ``(II) any funds or other assets 
                                that are available to satisfy such 
                                liability, as of the date of submission 
                                of such plan, to the public water system 
                                that committed such violation.
                          ``(ii) Inclusion.--In carrying out clause (i), 
                      the owner or operator shall take reasonable steps 
                      to ensure that all potential and existing 
                      liabilities for penalties and damages arising from 
                      each specific violation identified in the plan are 
                      identified.
                    ``(B) Reservation of funds.--A public water system 
                that, consistent with the findings of an assessment 
                conducted pursuant to paragraph (3), has completed the 
                actions under a plan submitted and approved pursuant to 
                this subsection shall not be liable under this title for 
                a violation of this title identified in the plan, except 
                to the extent to which funds or other assets are 
                identified pursuant to subparagraph (A)(i)(II) as 
                available to satisfy such liability.
            ``(6) <<NOTE: Deadline.>>  Regulations.--Not later than 2 
        years after the date of enactment of America's Water 
        Infrastructure Act of 2018, the Administrator shall promulgate 
        regulations to implement paragraphs (3), (4), and (5).''.

    (b) Retention of Primary Enforcement Authority.--
            (1) In general.--Section 1413(a) of the Safe Drinking Water 
        Act (42 U.S.C. 300g-2(a)) is amended--
                    (A) in paragraph (5), by striking ``; and'' and 
                inserting a semicolon;
                    (B) by redesignating paragraph (6) as paragraph (7); 
                and
                    (C) by inserting after paragraph (5) the following 
                new paragraph:
            ``(6) has adopted and is implementing procedures for 
        requiring public water systems to assess options for 
        consolidation or transfer of ownership or other actions in 
        accordance with the regulations issued by the Administrator 
        under section 1414(h)(6); and''.

[[Page 132 STAT. 3849]]

            (2) Conforming amendment.--Section 1413(b)(1) of the Safe 
        Drinking Water Act (42 U.S.C. 300g-2(b)(1)) is amended by 
        striking ``of paragraphs (1), (2), (3), and (4)''.
SEC. 2011. IMPROVED ACCURACY AND AVAILABILITY OF COMPLIANCE 
                          MONITORING DATA.

    Section 1414 of the Safe Drinking Water Act (42 U.S.C. 300g-3) is 
amended by adding at the end the following new subsection:
    ``(j) Improved Accuracy and Availability of Compliance Monitoring 
Data.--
            ``(1) <<NOTE: Deadline. Coordination.>>  Strategic plan.--
        Not later than 1 year after the date of enactment of this 
        subsection, the Administrator, in coordination with States 
        (including States without primary enforcement responsibility 
        under section 1413), public water systems, and other interested 
        stakeholders, shall develop and provide to Congress a strategic 
        plan for improving the accuracy and availability of monitoring 
        data collected to demonstrate compliance with national primary 
        drinking water regulations and submitted--
                    ``(A) by public water systems to States; or
                    ``(B) by States to the Administrator.
            ``(2) Evaluation.--In developing the strategic plan under 
        paragraph (1), the Administrator shall evaluate any challenges 
        faced--
                    ``(A) in ensuring the accuracy and integrity of 
                submitted data described in paragraph (1);
                    ``(B) by States and public water systems in 
                implementing an electronic system for submitting such 
                data, including the technical and economic feasibility 
                of implementing such a system; and
                    ``(C) by users of such electronic systems in being 
                able to access such data.
            ``(3) Findings and recommendations.--The Administrator shall 
        include in the strategic plan provided to Congress under 
        paragraph (1)--
                    ``(A) <<NOTE: Summary.>>  a summary of the findings 
                of the evaluation under paragraph (2); and
                    ``(B) recommendations on practicable, cost-effective 
                methods and means that can be employed to improve the 
                accuracy and availability of submitted data described in 
                paragraph (1).
            ``(4) Consultation.--In developing the strategic plan under 
        paragraph (1), the Administrator may, as appropriate, consult 
        with States or other Federal agencies that have experience using 
        practicable methods and means to improve the accuracy and 
        availability of submitted data described in such paragraph.''.
SEC. 2012. ASSET MANAGEMENT.

    Section 1420 of the Safe Drinking Water Act (42 U.S.C. 300g-9) is 
amended--
            (1) in subsection (c)(2)--
                    (A) in subparagraph (D), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (E), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:

[[Page 132 STAT. 3850]]

                    ``(F) a description of how the State will, as 
                appropriate--
                          ``(i) encourage development by public water 
                      systems of asset management plans that include 
                      best practices for asset management; and
                          ``(ii) assist, including through the provision 
                      of technical assistance, public water systems in 
                      training operators or other relevant and 
                      appropriate persons in implementing such asset 
                      management plans.'';
            (2) in subsection (c)(3), by inserting ``, including efforts 
        of the State to encourage development by public water systems of 
        asset management plans and to assist public water systems in 
        training relevant and appropriate persons in implementing such 
        asset management plans'' after ``public water systems in the 
        State''; and
            (3) in subsection (d), by adding at the end the following 
        new paragraph:
            ``(5) <<NOTE: Deadline. Review.>>  Information on asset 
        management practices.--Not later than 5 years after the date of 
        enactment of this paragraph, and not less often than every 5 
        years thereafter, the Administrator shall review and, if 
        appropriate, update educational materials, including handbooks, 
        training materials, and technical information, made available by 
        the Administrator to owners, managers, and operators of public 
        water systems, local officials, technical assistance providers 
        (including nonprofit water associations), and State personnel 
        concerning best practices for asset management strategies that 
        may be used by public water systems.''.
SEC. 2013. COMMUNITY WATER SYSTEM RISK AND RESILIENCE.

    (a) In General.--Section 1433 of the Safe Drinking Water Act (42 
U.S.C. 300i-2) is amended to read as follows:
``SEC. 1433. COMMUNITY WATER SYSTEM RISK AND RESILIENCE.

    ``(a) Risk and Resilience Assessments.--
            ``(1) In general.--Each community water system serving a 
        population of greater than 3,300 persons shall conduct an 
        assessment of the risks to, and resilience of, its system. Such 
        an assessment--
                    ``(A) shall include an assessment of--
                          ``(i) the risk to the system from malevolent 
                      acts and natural hazards;
                          ``(ii) the resilience of the pipes and 
                      constructed conveyances, physical barriers, source 
                      water, water collection and intake, pretreatment, 
                      treatment, storage and distribution facilities, 
                      electronic, computer, or other automated systems 
                      (including the security of such systems) which are 
                      utilized by the system;
                          ``(iii) the monitoring practices of the 
                      system;
                          ``(iv) the financial infrastructure of the 
                      system;
                          ``(v) the use, storage, or handling of various 
                      chemicals by the system; and
                          ``(vi) the operation and maintenance of the 
                      system; and
                    ``(B) may include an evaluation of capital and 
                operational needs for risk and resilience management for 
                the system.

[[Page 132 STAT. 3851]]

            ``(2) <<NOTE: Deadline. Consultation.>>  Baseline 
        information.--The Administrator, not later than August 1, 2019, 
        after consultation with appropriate departments and agencies of 
        the Federal Government and with State and local governments, 
        shall provide baseline information on malevolent acts of 
        relevance to community water systems, which shall include 
        consideration of acts that may--
                    ``(A) substantially disrupt the ability of the 
                system to provide a safe and reliable supply of drinking 
                water; or
                    ``(B) otherwise present significant public health or 
                economic concerns to the community served by the system.
            ``(3) Certification.--
                    ``(A) Certification.--Each community water system 
                described in paragraph (1) shall submit to the 
                Administrator a certification that the system has 
                conducted an assessment complying with paragraph (1). 
                Such certification shall be made prior to--
                          ``(i) March 31, 2020, in the case of systems 
                      serving a population of 100,000 or more;
                          ``(ii) December 31, 2020, in the case of 
                      systems serving a population of 50,000 or more but 
                      less than 100,000; and
                          ``(iii) June 30, 2021, in the case of systems 
                      serving a population greater than 3,300 but less 
                      than 50,000.
                    ``(B) <<NOTE: Time period. Determination.>>  Review 
                and revision.--Each community water system described in 
                paragraph (1) shall review the assessment of such system 
                conducted under such paragraph at least once every 5 
                years after the applicable deadline for submission of 
                its certification under subparagraph (A) to determine 
                whether such assessment should be revised. Upon 
                completion of such a review, the community water system 
                shall submit to the Administrator a certification that 
                the system has reviewed its assessment and, if 
                applicable, revised such assessment.
            ``(4) Contents of certifications.--A certification required 
        under paragraph (3) shall contain only--
                    ``(A) information that identifies the community 
                water system submitting the certification;
                    ``(B) the date of the certification; and
                    ``(C) a statement that the community water system 
                has conducted, reviewed, or revised the assessment, as 
                applicable.
            ``(5) Provision to other entities.--No community water 
        system shall be required under State or local law to provide an 
        assessment described in this section (or revision thereof) to 
        any State, regional, or local governmental entity solely by 
        reason of the requirement set forth in paragraph (3) that the 
        system submit a certification to the Administrator.

    ``(b) Emergency Response Plan.--Each community water system serving 
a population greater than 3,300 shall prepare or revise, where 
necessary, an emergency response plan that incorporates findings of the 
assessment conducted under subsection (a) for such system (and any 
revisions thereto). <<NOTE: Certification. Deadline.>>  Each community 
water system shall certify to the Administrator, as soon as reasonably 
possible after the date of enactment of America's Water Infrastructure 
Act of 2018, but not later than 6 months after completion

[[Page 132 STAT. 3852]]

of the assessment under subsection (a), that the system has completed 
such plan. <<NOTE: Procedures.>>  The emergency response plan shall 
include--
            ``(1) strategies and resources to improve the resilience of 
        the system, including the physical security and cybersecurity of 
        the system;
            ``(2) plans and procedures that can be implemented, and 
        identification of equipment that can be utilized, in the event 
        of a malevolent act or natural hazard that threatens the ability 
        of the community water system to deliver safe drinking water;
            ``(3) actions, procedures, and equipment which can obviate 
        or significantly lessen the impact of a malevolent act or 
        natural hazard on the public health and the safety and supply of 
        drinking water provided to communities and individuals, 
        including the development of alternative source water options, 
        relocation of water intakes, and construction of flood 
        protection barriers; and
            ``(4) <<NOTE: Strategies.>>  strategies that can be used to 
        aid in the detection of malevolent acts or natural hazards that 
        threaten the security or resilience of the system.

    ``(c) Coordination.--Community water systems shall, to the extent 
possible, coordinate with existing local emergency planning committees 
established pursuant to the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11001 et seq.) when preparing or revising an 
assessment or emergency response plan under this section.
    ``(d) <<NOTE: Time period.>>  Record Maintenance.--Each community 
water system shall maintain a copy of the assessment conducted under 
subsection (a) and the emergency response plan prepared under subsection 
(b) (including any revised assessment or plan) for 5 years after the 
date on which a certification of such assessment or plan is submitted to 
the Administrator under this section.

    ``(e) Guidance to Small Public Water Systems.--The Administrator 
shall provide guidance and technical assistance to community water 
systems serving a population of less than 3,300 persons on how to 
conduct resilience assessments, prepare emergency response plans, and 
address threats from malevolent acts and natural hazards that threaten 
to disrupt the provision of safe drinking water or significantly affect 
the public health or significantly affect the safety or supply of 
drinking water provided to communities and individuals.
    ``(f) Alternative Preparedness and Operational Resilience 
Programs.--
            ``(1) Satisfaction of requirement.--A community water system 
        that is required to comply with the requirements of subsections 
        (a) and (b) may satisfy such requirements by--
                    ``(A) using and complying with technical standards 
                that the Administrator has recognized under paragraph 
                (2); and
                    ``(B) <<NOTE: Certification.>>  submitting to the 
                Administrator a certification that the community water 
                system is complying with subparagraph (A).
            ``(2) Authority to recognize.--Consistent with section 12(d) 
        of the National Technology Transfer and Advancement Act of 1995, 
        the Administrator shall recognize technical standards that are 
        developed or adopted by third-party organizations or voluntary 
        consensus standards bodies that carry out the objectives or 
        activities required by this section as a means of satisfying the 
        requirements under subsection (a) or (b).

[[Page 132 STAT. 3853]]

    ``(g) Technical Assistance and Grants.--
            ``(1) In general.--The Administrator shall establish and 
        implement a program, to be known as the Drinking Water 
        Infrastructure Risk and Resilience Program, under which the 
        Administrator may award grants in each of fiscal years 2020 and 
        2021 to owners or operators of community water systems for the 
        purpose of increasing the resilience of such community water 
        systems.
            ``(2) Use of funds.--As a condition on receipt of a grant 
        under this section, an owner or operator of a community water 
        system shall agree to use the grant funds exclusively to assist 
        in the planning, design, construction, or implementation of a 
        program or project consistent with an emergency response plan 
        prepared pursuant to subsection (b), which may include--
                    ``(A) the purchase and installation of equipment for 
                detection of drinking water contaminants or malevolent 
                acts;
                    ``(B) the purchase and installation of fencing, 
                gating, lighting, or security cameras;
                    ``(C) the tamper-proofing of manhole covers, fire 
                hydrants, and valve boxes;
                    ``(D) the purchase and installation of improved 
                treatment technologies and equipment to improve the 
                resilience of the system;
                    ``(E) improvements to electronic, computer, 
                financial, or other automated systems and remote 
                systems;
                    ``(F) participation in training programs, and the 
                purchase of training manuals and guidance materials, 
                relating to security and resilience;
                    ``(G) improvements in the use, storage, or handling 
                of chemicals by the community water system;
                    ``(H) security screening of employees or contractor 
                support services;
                    ``(I) equipment necessary to support emergency power 
                or water supply, including standby and mobile sources; 
                and
                    ``(J) the development of alternative source water 
                options, relocation of water intakes, and construction 
                of flood protection barriers.
            ``(3) Exclusions.--A grant under this subsection may not be 
        used for personnel costs, or for monitoring, operation, or 
        maintenance of facilities, equipment, or systems.
            ``(4) Technical assistance.--For each fiscal year, the 
        Administrator may use not more than $5,000,000 from the funds 
        made available to carry out this subsection to provide technical 
        assistance to community water systems to assist in responding to 
        and alleviating a vulnerability that would substantially disrupt 
        the ability of the system to provide a safe and reliable supply 
        of drinking water (including sources of water for such systems) 
        which the Administrator determines to present an immediate and 
        urgent need.
            ``(5) Grants for small systems.--For each fiscal year, the 
        Administrator may use not more than $10,000,000 from the funds 
        made available to carry out this subsection to make grants to 
        community water systems serving a population of less than 3,300 
        persons, or nonprofit organizations receiving assistance under 
        section 1442(e), for activities and projects

[[Page 132 STAT. 3854]]

        undertaken in accordance with the guidance provided to such 
        systems under subsection (e) of this section.
            ``(6) Authorization of appropriations.--To carry out this 
        subsection, there are authorized to be appropriated $25,000,000 
        for each of fiscal years 2020 and 2021.

    ``(h) Definitions.--In this section--
            ``(1) the term `resilience' means the ability of a community 
        water system or an asset of a community water system to adapt to 
        or withstand the effects of a malevolent act or natural hazard 
        without interruption to the asset's or system's function, or if 
        the function is interrupted, to rapidly return to a normal 
        operating condition; and
            ``(2) the term `natural hazard' means a natural event that 
        threatens the functioning of a community water system, including 
        an earthquake, tornado, flood, hurricane, wildfire, and 
        hydrologic changes.''.

    (b) <<NOTE: 42 USC 300i-2 note.>>  Sensitive Information.--
            (1) Protection from disclosure.--Information submitted to 
        the Administrator of the Environmental Protection Agency 
        pursuant to section 1433 of the Safe Drinking Water Act, as in 
        effect on the day before the date of enactment of America's 
        Water Infrastructure Act of 2018, shall be protected from 
        disclosure in accordance with the provisions of such section as 
        in effect on such day.
            (2) <<NOTE: Strategy. Timeframe.>>  Disposal.--The 
        Administrator, in partnership with community water systems (as 
        defined in section 1401 of the Safe Drinking Water Act), shall 
        develop a strategy to, in a timeframe determined appropriate by 
        the Administrator, securely and permanently dispose of, or 
        return to the applicable community water system, any information 
        described in paragraph (1).
SEC. 2014. AUTHORIZATION FOR GRANTS FOR STATE PROGRAMS.

    Section 1443(a)(7) of the Safe Drinking Water Act (42 U.S.C. 300j-
2(a)(7)) is amended by striking ``$100,000,000 for each of fiscal years 
1997 through 2003'' and inserting ``$125,000,000 for each of fiscal 
years 2020 and 2021''.
SEC. 2015. STATE REVOLVING LOAN FUNDS.

    (a) Use of Funds.--Section 1452(a)(2)(B) of the Safe Drinking Water 
Act (42 U.S.C. 300j-12(a)(2)(B)) is amended by striking ``(including 
expenditures for planning, design, and associated preconstruction 
activities, including activities relating to the siting of the facility, 
but not'' and inserting ``(including expenditures for planning, design, 
siting, and associated preconstruction activities, or for replacing or 
rehabilitating aging treatment, storage, or distribution facilities of 
public water systems, but not''.
    (b) Prevailing Wages.--Section 1452(a) of the Safe Drinking Water 
Act (42 U.S.C. 300j-12(a)) is further amended by adding at the end the 
following:
            ``(5) <<NOTE: Applicability.>>  Prevailing wages.--The 
        requirements of section 1450(e) shall apply to any construction 
        project carried out in whole or in part with assistance made 
        available by a State loan fund.''.

    (c) Assistance for Disadvantaged Communities.--Section 1452(d)(2) of 
the Safe Drinking Water Act (42 U.S.C. 300j-12(d)(2)) is amended to read 
as follows:

[[Page 132 STAT. 3855]]

            ``(2) Total amount of subsidies.--For each fiscal year, of 
        the amount of the capitalization grant received by the State for 
        the year, the total amount of loan subsidies made by a State 
        pursuant to paragraph (1)--
                    ``(A) may not exceed 35 percent; and
                    ``(B) to the extent that there are sufficient 
                applications for loans to communities described in 
                paragraph (1), may not be less than 6 percent.''.

    (d) Types of Assistance.--Section 1452(f)(1) of the Safe Drinking 
Water Act (42 U.S.C. 300j-12(f)(1)) is amended--
            (1) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively;
            (2) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) <<NOTE: Deadlines.>>  each loan will be fully 
                amortized not later than 30 years after the completion 
                of the project, except that in the case of a 
                disadvantaged community (as defined in subsection 
                (d)(3)) a State may provide an extended term for a loan, 
                if the extended term--
                          ``(i) terminates not later than the date that 
                      is 40 years after the date of project completion; 
                      and
                          ``(ii) does not exceed the expected design 
                      life of the project;''; and
            (3) in subparagraph (B), by striking ``1 year after 
        completion of the project for which the loan was made'' and all 
        that follows through ``design life of the project;'' and 
        inserting ``18 months after completion of the project for which 
        the loan was made;''.

    (e) Needs Survey.--Section 1452(h) of the Safe Drinking Water Act 
(42 U.S.C. 300j-12(h)) is amended--
            (1) by striking ``The Administrator'' and inserting ``(1) 
        The Administrator''; and
            (2) by adding at the end the following new paragraph:

    ``(2) Any assessment conducted under paragraph (1) after the date of 
enactment of America's Water Infrastructure Act of 2018 shall include an 
assessment of costs to replace all lead service lines (as defined in 
section 1459B(a)(4)) of all eligible public water systems in the United 
States, and such assessment shall describe separately the costs 
associated with replacing the portions of such lead service lines that 
are owned by an eligible public water system and the costs associated 
with replacing any remaining portions of such lead service lines, to the 
extent practicable.''.
    (f) Other Authorized Activities.--Section 1452(k)(1)(C) of the Safe 
Drinking Water Act (42 U.S.C. 300j-12(k)(1)(C)) is amended by striking 
``for fiscal years 1996 and 1997 to delineate and assess source water 
protection areas in accordance with section 1453'' and inserting ``to 
delineate, assess, and update assessments for source water protection 
areas in accordance with section 1453''.
    (g) Best Practices for Administration of State Revolving Loan 
Funds.--Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) 
is amended by adding after subsection (r) the following:
    ``(s) Best Practices for State Loan Fund Administration.--The 
Administrator shall--
            ``(1) collect information from States on administration of 
        State loan funds established pursuant to subsection (a)(1), 
        including--

[[Page 132 STAT. 3856]]

                    ``(A) efforts to streamline the process for applying 
                for assistance through such State loan funds;
                    ``(B) programs in place to assist with the 
                completion of applications for assistance through such 
                State loan funds;
                    ``(C) incentives provided to public water systems 
                that partner with small public water systems to assist 
                with the application process for assistance through such 
                State loan funds;
                    ``(D) practices to ensure that amounts in such State 
                loan funds are used to provide loans, loan guarantees, 
                or other authorized assistance in a timely fashion;
                    ``(E) practices that support effective management of 
                such State loan funds;
                    ``(F) practices and tools to enhance financial 
                management of such State loan funds; and
                    ``(G) key financial measures for use in evaluating 
                State loan fund operations, including--
                          ``(i) measures of lending capacity, such as 
                      current assets and current liabilities or 
                      undisbursed loan assistance liability; and
                          ``(ii) measures of growth or sustainability, 
                      such as return on net interest;
            ``(2) <<NOTE: Deadline.>>  not later than 3 years after the 
        date of enactment of America's Water Infrastructure Act of 2018, 
        disseminate to the States best practices for administration of 
        such State loan funds, based on the information collected 
        pursuant to this subsection; and
            ``(3) periodically update such best practices, as 
        appropriate.''.
SEC. 2016. AUTHORIZATION FOR SOURCE WATER PETITION PROGRAMS.

    Section 1454(e) of the Safe Drinking Water Act (42 U.S.C. 300j-
14(e)) is amended by striking ``1997 through 2003'' and inserting ``2020 
through 2021''.
SEC. 2017. REVIEW OF TECHNOLOGIES.

    Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is 
further amended by adding at the end the following new section:
``SEC. 1459D. <<NOTE: 42 USC 300j-19d. Consultation.>>  REVIEW OF 
                            TECHNOLOGIES.

    ``(a) Review.--The Administrator, after consultation with 
appropriate departments and agencies of the Federal Government and with 
State and local governments, shall review (or enter into contracts or 
cooperative agreements to provide for a review of) existing and 
potential methods, means, equipment, and technologies (including review 
of cost, availability, and efficacy of such methods, means, equipment, 
and technologies) that--
            ``(1) ensure the physical integrity of community water 
        systems;
            ``(2) prevent, detect, and respond to any contaminant for 
        which a national primary drinking water regulation has been 
        promulgated in community water systems and source water for 
        community water systems;
            ``(3) allow for use of alternate drinking water supplies 
        from nontraditional sources; and

[[Page 132 STAT. 3857]]

            ``(4) facilitate source water assessment and protection.

    ``(b) Inclusions.--The review under subsection (a) shall include 
review of methods, means, equipment, and technologies--
            ``(1) that are used for corrosion protection, metering, leak 
        detection, or protection against water loss;
            ``(2) that are intelligent systems, including hardware, 
        software, or other technology, used to assist in protection and 
        detection described in paragraph (1);
            ``(3) that are point-of-use devices or point-of-entry 
        devices;
            ``(4) that are physical or electronic systems that monitor, 
        or assist in monitoring, contaminants in drinking water in real-
        time; and
            ``(5) that allow for the use of nontraditional sources for 
        drinking water, including physical separation and chemical and 
        biological transformation technologies.

    ``(c) <<NOTE: Public information.>>  Availability.--The 
Administrator shall make the results of the review under subsection (a) 
available to the public.

    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to carry out this section $10,000,000 
for fiscal year 2019, which shall remain available until expended.''.
SEC. 2018. SOURCE WATER.

    (a) Addressing Source Water Used for Drinking Water.--Section 304 of 
the Emergency Planning and Community Right-To-Know Act of 1986 (42 
U.S.C. 11004) is amended--
            (1) in subsection (b)(1), by striking ``State emergency 
        planning commission'' and inserting ``State emergency response 
        commission''; and
            (2) by adding at the end the following new subsection:

    ``(e) Addressing Source Water Used for Drinking Water.--
            ``(1) Applicable state agency notification.--A State 
        emergency response commission shall--
                    ``(A) promptly notify the applicable State agency of 
                any release that requires notice under subsection (a);
                    ``(B) provide to the applicable State agency the 
                information identified in subsection (b)(2); and
                    ``(C) provide to the applicable State agency a 
                written followup emergency notice in accordance with 
                subsection (c).
            ``(2) Community water system notification.--
                    ``(A) In general.--An applicable State agency 
                receiving notice of a release under paragraph (1) 
                shall--
                          ``(i) promptly forward such notice to any 
                      community water system the source waters of which 
                      are affected by the release;
                          ``(ii) forward to the community water system 
                      the information provided under paragraph (1)(B); 
                      and
                          ``(iii) forward to the community water system 
                      the written followup emergency notice provided 
                      under paragraph (1)(C).
                    ``(B) Direct notification.--In the case of a State 
                that does not have an applicable State agency, the State 
                emergency response commission shall provide the notices 
                and information described in paragraph (1) directly to 
                any community water system the source waters of which 
                are

[[Page 132 STAT. 3858]]

                affected by a release that requires notice under 
                subsection (a).
            ``(3) Definitions.--In this subsection:
                    ``(A) Community water system.--The term `community 
                water system' has the meaning given such term in section 
                1401(15) of the Safe Drinking Water Act.
                    ``(B) Applicable state agency.--The term `applicable 
                State agency' means the State agency that has primary 
                responsibility to enforce the requirements of the Safe 
                Drinking Water Act in the State.''.

    (b) Availability to Community Water Systems.--Section 312(e) of the 
Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
11022(e)) is amended--
            (1) in paragraph (1), by striking ``State emergency planning 
        commission'' and inserting ``State emergency response 
        commission''; and
            (2) by adding at the end the following new paragraph:
            ``(4) Availability to community water systems.--
                    ``(A) In general.--An affected community water 
                system may have access to tier II information by 
                submitting a request to the State emergency response 
                commission or the local emergency planning committee. 
                Upon receipt of a request for tier II information, the 
                State commission or local committee shall, pursuant to 
                paragraph (1), request the facility owner or operator 
                for the tier II information and make available such 
                information to the affected community water system.
                    ``(B) Definition.--In this paragraph, the term 
                `affected community water system' means a community 
                water system (as defined in section 1401(15) of the Safe 
                Drinking Water Act) that receives supplies of drinking 
                water from a source water area, delineated under section 
                1453 of the Safe Drinking Water Act, in which a facility 
                that is required to prepare and submit an inventory form 
                under subsection (a)(1) is located.''.
SEC. 2019. REPORT ON FEDERAL CROSS-CUTTING REQUIREMENTS.

    (a) <<NOTE: Study. Consultation.>>  Report.--Not later than 1 year 
after the date of enactment of this Act, the Comptroller General shall 
submit to Congress a report containing the results of a study, to be 
conducted in consultation with the Administrator of the Environmental 
Protection Agency, any State agency that has primary responsibility to 
enforce the requirements of the Safe Drinking Water Act (42 U.S.C. 300f 
et seq.) in a State, and public water systems, to identify 
demonstrations of compliance with a State or local environmental law 
that may be substantially equivalent to any demonstration required by 
the Administrator for compliance with a Federal cross-cutting 
requirement.

    (b) Definitions.--In this subsection:
            (1) Federal cross-cutting requirement.--The term ``Federal 
        cross-cutting requirement'' means a requirement of a Federal law 
        or regulation, compliance with which is a condition on receipt 
        of a loan or loan guarantee pursuant to section 1452 of the Safe 
        Drinking Water Act (42 U.S.C. 300j-12), that, if applied with 
        respect to projects and activities for which a public water 
        system receives such a loan or loan guarantee,

[[Page 132 STAT. 3859]]

        would be substantially equivalent to a requirement of an 
        applicable State or local law.
            (2) Public water system.--The term ``public water system'' 
        has the meaning given that term in section 1401 of the Safe 
        Drinking Water Act (42 U.S.C. 300f).
SEC. 2020. <<NOTE: 42 USC 300j-12 note.>>  ASSISTANCE FOR AREAS 
                          AFFECTED BY NATURAL DISASTERS.

    (a) Definitions.--In this section:
            (1) Community water system.--The term ``community water 
        system'' has the meaning given such term in section 1401(15) of 
        the Safe Drinking Water Act (42 U.S.C. 300f(15)).
            (2) Eligible state.--The term ``eligible State'' means a 
        State, as defined in section 1401(13)(B) of the Safe Drinking 
        Water Act (42 U.S.C. 300f(13)(B)).
            (3) Eligible system.--The term ``eligible system'' means a 
        community water system--
                    (A) that serves an area for which, after January 1, 
                2017, the President under the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5121 et seq.)--
                          (i) has issued a major disaster declaration; 
                      and
                          (ii) provided disaster assistance; or
                    (B) that is capable of extending its potable 
                drinking water service into an underserved area.
            (4) National primary drinking water regulation.--The term 
        ``national primary drinking water regulation'' means a national 
        primary drinking water regulation under section 1412 of the Safe 
        Drinking Water Act (42 U.S.C. 300g-1).
            (5) Underserved area.--The term ``underserved area'' means a 
        geographic area in an eligible State that--
                    (A) is served by a community water system serving 
                fewer than 50,000 persons where delivery of, or access 
                to, potable water is or was disrupted; and
                    (B) received disaster assistance pursuant to a 
                declaration described in paragraph (3)(A).

    (b) State Revolving Loan Fund Assistance.--
            (1) In general.--An eligible State may use funds provided 
        pursuant to subsection (e)(1) to provide assistance to an 
        eligible system within the eligible State for the purpose of 
        restoring or increasing compliance with national primary 
        drinking water regulations in an underserved area.
            (2) Inclusion.--
                    (A) Additional subsidization.--With respect to 
                assistance provided under paragraph (1), an eligible 
                system shall be eligible to receive loans with 
                additional subsidization (including forgiveness of 
                principal, negative-interest loans, or grants (or any 
                combination thereof)) for the purpose described in 
                paragraph (1).
                    (B) Nondesignation.--Assistance provided under 
                paragraph (1) may include additional subsidization, as 
                described in subparagraph (A), even if the service area 
                of the eligible system has not been designated by the 
                applicable eligible State as a disadvantaged community 
                pursuant to section 1452(d)(3) of the Safe Drinking 
                Water Act (42 U.S.C. 300j-12(d)(3)).

[[Page 132 STAT. 3860]]

    (c) Exclusion.--Assistance provided under this section shall not 
include assistance for a project that is financed (directly or 
indirectly), in whole or in part, with proceeds of any obligation issued 
after the date of enactment of this Act the interest of which is exempt 
from the tax imposed under chapter 1 of the Internal Revenue Code of 
1986.
    (d) Nonduplication of Work.--An activity carried out pursuant to 
this section shall not duplicate the work or activity of any other 
Federal or State department or agency.
    (e) Additional Drinking Water State Revolving Fund Capitalization 
Grants.--
            (1) <<NOTE: Time periods.>>  In general.--There is 
        authorized to be appropriated to the Administrator of the 
        Environmental Protection Agency $100,000,000 to provide 
        additional capitalization grants pursuant to section 1452 of the 
        Safe Drinking Water Act (42 U.S.C. 300j-12) to eligible States, 
        to be available--
                    (A) for a period of 24 months beginning on the date 
                on which the funds are made available for the purpose 
                described in subsection (b)(1); and
                    (B) after the end of such 24-month period, until 
                expended for the purpose described in paragraph (3) of 
                this subsection.
            (2) Supplemented intended use plans.--
                    (A) <<NOTE: Deadline.>>  Obligation of amounts.--Not 
                later than 30 days after the date on which an eligible 
                State submits to the Administrator a supplemental 
                intended use plan under section 1452(b) of the Safe 
                Drinking Water Act (42 U.S.C. 300j-12(b)), from funds 
                made available under paragraph (1), the Administrator 
                shall obligate to such eligible State such amounts as 
                are appropriate to address the needs identified in such 
                supplemental intended use plan for the purpose described 
                in subsection (b)(1).
                    (B) Plans.--A supplemental intended use plan 
                described in subparagraph (A) shall include information 
                regarding projects to be funded using the assistance 
                provided under subsection (b)(1), including, with 
                respect to each such project--
                          (i) a description of the project;
                          (ii) an explanation of the means by which the 
                      project will restore or improve compliance with 
                      national primary drinking water regulations in an 
                      underserved area;
                          (iii) <<NOTE: Cost estimate.>>  the estimated 
                      cost of the project; and
                          (iv) the projected start date for the project.
            (3) Unobligated amounts.--Any amounts made available to the 
        Administrator under paragraph (1) that are unobligated on the 
        date that is 24 months after the date on which the amounts are 
        made available shall be available for the purpose of providing 
        additional grants to States to capitalize State loan funds as 
        provided under section 1452 of the Safe Drinking Water Act (42 
        U.S.C. 300j-12).
            (4) Applicability.--
                    (A) In general.--Except as otherwise provided in 
                this section, all requirements of the Safe Drinking 
                Water Act (42 U.S.C. 300f et seq.) shall apply to 
                funding provided under this section.

[[Page 132 STAT. 3861]]

                    (B) Intended use plans.--Section 1452(b)(1) of the 
                Safe Drinking Water Act (42 U.S.C. 300j-12(b)(1)) shall 
                not apply to a supplemental intended use plan under 
                paragraph (2).
                    (C) State contribution.--For amounts authorized to 
                be appropriated under paragraph (1), the matching 
                requirements in section 1452(e) of the Safe Drinking 
                Water Act (42 U.S.C. 300j-12(e)) shall not apply to any 
                funds provided to the Commonwealth of Puerto Rico under 
                this section.
SEC. 2021. MONITORING FOR UNREGULATED CONTAMINANTS.

    (a) In General.--Section 1445 of the Safe Drinking Water Act (42 
U.S.C. 300j-4) is amended by adding at the end the following:
    ``(j) Monitoring by Certain Systems.--
            ``(1) In general.--Notwithstanding subsection (a)(2)(A), the 
        Administrator shall, subject to the availability of 
        appropriations for such purpose--
                    ``(A) require public water systems serving between 
                3,300 and 10,000 persons to monitor for unregulated 
                contaminants in accordance with this section; and
                    ``(B) ensure that only a representative sample of 
                public water systems serving fewer than 3,300 persons 
                are required to monitor.
            ``(2) Effective date.--Paragraph (1) shall take effect 3 
        years after the date of enactment of this subsection.
            ``(3) <<NOTE: Determination.>>  Limitation.--Paragraph (1) 
        shall take effect unless the Administrator determines that there 
        is not sufficient laboratory capacity to accommodate the 
        analysis necessary to carry out monitoring required under such 
        paragraph.
            ``(4) Limitation on enforcement.--The Administrator may not 
        enforce a requirement to monitor pursuant to paragraph (1) with 
        respect to any public water system serving fewer than 3,300 
        persons, including by subjecting such a public water system to 
        any civil penalty.
            ``(5) Authorization of appropriations.--There are authorized 
        to be appropriated $15,000,000 in each fiscal year for which 
        monitoring is required to be carried out under this subsection 
        for the Administrator to pay the reasonable cost of such testing 
        and laboratory analysis as are necessary to carry out monitoring 
        required under this subsection.''.

    (b) Authorization of Appropriations.--Section 1445(a)(2)(H) of the 
Safe Drinking Water Act (42 U.S.C. 300j-4(a)(2)(H)) is amended by 
striking ``1997 through 2003'' and inserting ``2019 through 2021''.
    (c) Inclusion in Data Base.--Section 1445(g)(7) of the Safe Drinking 
Water Act (42 U.S.C. 300j-4(g)(7)) is amended by--
            (1) striking ``and'' at the end of subparagraph (B);
            (2) redesignating subparagraph (C) as subparagraph (D); and
            (3) inserting after subparagraph (B) the following:
                    ``(C) if applicable, monitoring information 
                collected by public water systems pursuant to subsection 
                (j) that is not duplicative of monitoring information 
                included in the data base under subparagraph (B) or (D); 
                and''.

[[Page 132 STAT. 3862]]

SEC. 2022. AMERICAN IRON AND STEEL PRODUCTS.

    Section 1452(a)(4)(A) of the Safe Drinking Water Act (42 U.S.C. 
300j-12(a)(4)(A)) is amended by striking ``fiscal year 2017'' and 
inserting ``fiscal years 2019 through 2023''.
SEC. 2023. AUTHORIZATION FOR CAPITALIZATION GRANTS TO STATES FOR 
                          STATE DRINKING WATER TREATMENT REVOLVING 
                          LOAN FUNDS.

    Section 1452(m) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(m)) is amended--
            (1) by striking the first sentence and inserting the 
        following:
            ``(1) There are authorized to be appropriated to carry out 
        the purposes of this section--
                    ``(A) $1,174,000,000 for fiscal year 2019;
                    ``(B) $1,300,000,000 for fiscal year 2020; and
                    ``(C) $1,950,000,000 for fiscal year 2021.'';
            (2) by striking ``To the extent amounts authorized to be'' 
        and inserting the following:
            ``(2) To the extent amounts authorized to be''; and
            (3) by striking ``(prior to the fiscal year 2004)''.

                            TITLE III--ENERGY

SEC. 3001. MODERNIZING AUTHORIZATIONS FOR NECESSARY HYDROPOWER 
                          APPROVALS.

    (a) Preliminary Permits.--Section 5 of the Federal Power Act (16 
U.S.C. 798) is amended--
            (1) in subsection (a), by striking ``three'' and inserting 
        ``4''; and
            (2) in subsection (b)--
                    (A) by striking ``Commission may extend the period 
                of a preliminary permit once for not more than 2 
                additional years beyond the 3 years'' and inserting the 
                following: ``Commission may--
            ``(1) <<NOTE: Extensions. Time periods.>>  extend the period 
        of a preliminary permit once for not more than 4 additional 
        years beyond the 4 years'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
            ``(2) after the end of an extension period granted under 
        paragraph (1), issue an additional permit to the permittee if 
        the Commission determines that there are extraordinary 
        circumstances that warrant the issuance of the additional 
        permit.''.

    (b) Time Limit for Construction of Project Works.--Section 13 of the 
Federal Power Act (16 U.S.C. 806) is amended in the second sentence by 
striking ``once but not longer than two additional years'' and inserting 
``for not more than 8 additional years,''.
    (c) <<NOTE: 16 USC 803 note.>>  Obligation for Payment of Annual 
Charges.--Any obligation of a licensee or exemptee for the payment of 
annual charges under section 10(e) of the Federal Power Act (16 U.S.C. 
803(e)) for a project that has not commenced construction as of the date 
of enactment of this Act shall commence not earlier than the latest of--

[[Page 132 STAT. 3863]]

            (1) the date by which the licensee or exemptee is required 
        to commence construction; or
            (2) the date of any extension of the deadline under 
        paragraph (1).
SEC. 3002. QUALIFYING CONDUIT HYDROPOWER FACILITIES.

    Section 30(a) of the Federal Power Act (16 U.S.C. 823a(a)) is 
amended--
            (1) in paragraph (2)(C), by striking ``45 days'' and 
        inserting ``30 days''; and
            (2) in paragraph (3)(C)(ii), by striking ``5'' and inserting 
        ``40''.
SEC. 3003. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING NONPOWERED 
                          DAMS.

    Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended 
by adding at the end the following:
``SEC. 34. <<NOTE: 16 USC 823e.>>  PROMOTING HYDROPOWER 
                      DEVELOPMENT AT EXISTING NONPOWERED DAMS.

    ``(a) Expedited Licensing Process for Non-Federal Hydropower 
Projects at Existing Nonpowered Dams.--
            ``(1) <<NOTE: Determination.>>  In general.--As provided in 
        this section, the Commission may issue and amend licenses, as 
        appropriate, for any facility the Commission determines is a 
        qualifying facility.
            ``(2) <<NOTE: Deadline. Regulations.>>  Rule.--Not later 
        than 180 days after the date of enactment of this section, the 
        Commission shall issue a rule establishing an expedited process 
        for issuing and amending licenses for qualifying facilities 
        under this section.
            ``(3) Interagency task force.--
                    ``(A) <<NOTE: Coordination.>>  In establishing the 
                expedited process under this section, the Commission 
                shall convene an interagency task force, with 
                appropriate Federal and State agencies and Indian tribes 
                represented, to coordinate the regulatory processes 
                associated with the authorizations required to construct 
                and operate a qualifying facility.
                    ``(B) <<NOTE: Procedures.>>  The task force shall 
                develop procedures that are consistent with subsection 
                (e)(1)(E) to seek to ensure that, for projects licensed 
                pursuant to this section, the Commission and appropriate 
                Federal and State agencies and Indian tribes shall 
                exercise their authorities in a manner that, to the 
                extent practicable, will not result in any material 
                change to the storage, release, or flow operations of 
                the associated nonpowered dam existing at the time an 
                applicant files its license application.
            ``(4) Length of process.--The Commission shall seek to 
        ensure that the expedited process under this section will result 
        in a final decision on an application for a license by not later 
        than 2 years after receipt of a completed application for the 
        license.

    ``(b) Dam Safety.--
            ``(1) Assessment.--Before issuing any license for a 
        qualifying facility, the Commission shall assess the safety of 
        existing non-Federal dams and other non-Federal structures 
        related to the qualifying facility (including possible 
        consequences associated with failure of such structures).
            ``(2) Requirements.--In issuing any license for a qualifying 
        facility at a non-Federal dam, the Commission shall ensure

[[Page 132 STAT. 3864]]

        that the Commission's dam safety requirements apply to such 
        qualifying facility, and the associated qualifying nonpowered 
        dam, over the term of such license.

    ``(c) Interagency Communications.--Interagency cooperation in the 
preparation of environmental documents under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an 
application for a license for a qualifying facility under this section, 
and interagency communications relating to licensing process 
coordination pursuant to this section, shall not--
            ``(1) be considered to be ex parte communications under 
        Commission rules; or
            ``(2) preclude an agency from participating in a licensing 
        proceeding under this part, providing that any agency 
        participating as a party in a licensing proceeding under this 
        part shall, to the extent practicable, demonstrate a separation 
        of staff cooperating with the Commission under the National 
        Environmental Policy Act (42 U.S.C. 4321 et seq.) and staff 
        participating in the applicable proceeding under this part.

    ``(d) Identification of Nonpowered Dams for Hydropower 
Development.--
            ``(1) <<NOTE: Deadline. Lists.>>  In general.--Not later 
        than 12 months after the date of enactment of this section, the 
        Commission, with the Secretary of the Army, the Secretary of the 
        Interior, and the Secretary of Agriculture, shall jointly 
        develop a list of existing nonpowered Federal dams that the 
        Commission and the Secretaries agree have the greatest potential 
        for non-Federal hydropower development.
            ``(2) Considerations.--In developing the list under 
        paragraph (1), the Commission and the Secretaries may consider 
        the following:
                    ``(A) The compatibility of hydropower generation 
                with existing purposes of the dam.
                    ``(B) The proximity of the dam to existing 
                transmission resources.
                    ``(C) The existence of studies to characterize 
                environmental, cultural, and historic resources relating 
                to the dam.
                    ``(D) The effects of hydropower development on 
                release or flow operations of the dam.
            ``(3) Availability.--The Commission shall--
                    ``(A) provide the list developed under paragraph (1) 
                to--
                          ``(i) the Committee on Energy and Commerce, 
                      the Committee on Transportation and 
                      Infrastructure, and the Committee on Natural 
                      Resources, of the House of Representatives; and
                          ``(ii) the Committee on Environment and Public 
                      Works, and the Committee on Energy and Natural 
                      Resources, of the Senate; and
                    ``(B) make such list available to the public.

    ``(e) Definitions.--For purposes of this section:
            ``(1) Qualifying criteria.--The term `qualifying criteria' 
        means, with respect to a facility--
                    ``(A) as of the date of enactment of this section, 
                the facility is not licensed under, or exempted from the 
                license requirements contained in, this part;
                    ``(B) the facility will be associated with a 
                qualifying nonpowered dam;

[[Page 132 STAT. 3865]]

                    ``(C) the facility will be constructed, operated, 
                and maintained for the generation of electric power;
                    ``(D) the facility will use for such generation any 
                withdrawals, diversions, releases, or flows from the 
                associated qualifying nonpowered dam, including its 
                associated impoundment or other infrastructure; and
                    ``(E) the operation of the facility will not result 
                in any material change to the storage, release, or flow 
                operations of the associated qualifying nonpowered dam.
            ``(2) Qualifying facility.--The term `qualifying facility' 
        means a facility that is determined under this section to meet 
        the qualifying criteria.
            ``(3) Qualifying nonpowered dam.--The term `qualifying 
        nonpowered dam' means any dam, dike, embankment, or other 
        barrier--
                    ``(A) the construction of which was completed on or 
                before the date of enactment of this section;
                    ``(B) that is or was operated for the control, 
                release, or distribution of water for agricultural, 
                municipal, navigational, industrial, commercial, 
                environmental, recreational, aesthetic, drinking water, 
                or flood control purposes; and
                    ``(C) that, as of the date of enactment of this 
                section, is not generating electricity with hydropower 
                generating works that are licensed under, or exempted 
                from the license requirements contained in, this part.

    ``(f) Savings Clause.--Nothing in this section affects--
            ``(1) any authority of the Commission to license a facility 
        at a nonpowered dam under this part; and
            ``(2) any authority of the Commission to issue an exemption 
        to a small hydroelectric power project under the Public Utility 
        Regulatory Policies Act of 1978.''.
SEC. 3004. CLOSED-LOOP PUMPED STORAGE PROJECTS.

    Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as amended, 
is further amended by adding at the end the following:
``SEC. 35. <<NOTE: 16 USC 823f.>>  CLOSED-LOOP PUMPED STORAGE 
                      PROJECTS.

    ``(a) Expedited Licensing Process for Closed-Loop Pumped Storage 
Projects.--
            ``(1) In general.--As provided in this section, the 
        Commission may issue and amend licenses, as appropriate, for 
        closed-loop pumped storage projects.
            ``(2) <<NOTE: Deadline.>>  Rule.--Not later than 180 days 
        after the date of enactment of this section, the Commission 
        shall issue a rule establishing an expedited process for issuing 
        and amending licenses for closed-loop pumped storage projects 
        under this section.
            ``(3) <<NOTE: Coordination.>>  Interagency task force.--In 
        establishing the expedited process under this section, the 
        Commission shall convene an interagency task force, with 
        appropriate Federal and State agencies and Indian tribes 
        represented, to coordinate the regulatory processes associated 
        with the authorizations required to construct and operate 
        closed-loop pumped storage projects.
            ``(4) Length of process.--The Commission shall seek to 
        ensure that the expedited process under this section will result 
        in final decision on an application for a license by not later 
        than 2 years after receipt of a completed application for such 
        license.

[[Page 132 STAT. 3866]]

    ``(b) <<NOTE: Assessment.>>  Dam Safety.--Before issuing any license 
for a closed-loop pumped storage project, the Commission shall assess 
the safety of existing dams and other structures related to the project 
(including possible consequences associated with failure of such 
structures).

    ``(c) Exceptions From Other Requirements.--
            ``(1) In general.--In issuing or amending a license for a 
        closed-loop pumped storage project pursuant to the expedited 
        process established under this section, the Commission may grant 
        an exception from any other requirement of this part with 
        respect to any part of the closed-loop pumped storage project 
        (not including any dam or other impoundment).
            ``(2) Consultation.--In granting an exception under 
        paragraph (1), the Commission shall consult with the United 
        States Fish and Wildlife Service, the National Marine Fisheries 
        Service, and the State agency exercising administration over the 
        fish and wildlife resources of the State in which the closed-
        loop pumped storage project is or will be located, in the manner 
        provided by the Fish and Wildlife Coordination Act (16 U.S.C. 
        661 et seq.).
            ``(3) Terms and conditions.--In granting an exception under 
        paragraph (1), the Commission shall include in any such 
        exception--
                    ``(A) such terms and conditions as the United States 
                Fish and Wildlife Service, the National Marine Fisheries 
                Service, and the State agency described in paragraph (2) 
                each determine are appropriate to prevent loss of, or 
                damage to, fish and wildlife resources and to otherwise 
                carry out the purposes of the Fish and Wildlife 
                Coordination Act; and
                    ``(B) such terms and conditions as the Commission 
                deems appropriate to ensure that such closed-loop pumped 
                storage project continues to comply with the provisions 
                of this section and terms and conditions included in any 
                such exception.
            ``(4) Fees.--The Commission, in addition to the requirements 
        of section 10(e), shall establish fees which shall be paid by an 
        applicant for a license for a closed-loop pumped storage project 
        that is required to meet terms and conditions set by fish and 
        wildlife agencies under paragraph (3). <<NOTE: Reimbursement.>>  
        Such fees shall be adequate to reimburse the fish and wildlife 
        agencies referred to in paragraph (3) for any reasonable costs 
        incurred in connection with any studies or other reviews carried 
        out by such agencies for purposes of compliance with this 
        section. The fees shall, subject to annual appropriations Acts, 
        be transferred to such agencies by the Commission for use solely 
        for purposes of carrying out such studies and shall remain 
        available until expended.

    ``(d) Transfers.--Notwithstanding section 5, and regardless of 
whether the holder of a preliminary permit for a closed-loop pumped 
storage project claimed municipal preference under section 7(a) when 
obtaining the permit, on request by a municipality, the Commission may, 
to facilitate development of a closed-loop pumped storage project--
            ``(1) add entities as joint permittees following issuance of 
        a preliminary permit; and

[[Page 132 STAT. 3867]]

            ``(2) transfer a license in part to one or more nonmunicipal 
        entities as co-licensees with a municipality, if the 
        municipality retains majority ownership of the project for which 
        the license was issued.

    ``(e) Interagency Communications.--Interagency cooperation in the 
preparation of environmental documents under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an 
application for a license for a closed-loop pumped storage project 
submitted pursuant to this section, and interagency communications 
relating to licensing process coordination pursuant to this section, 
shall not--
            ``(1) be considered to be ex parte communications under 
        Commission rules; or
            ``(2) preclude an agency from participating in a licensing 
        proceeding under this part, providing that any agency 
        participating as a party in a licensing proceeding under this 
        part shall, to the extent practicable, demonstrate a separation 
        of staff cooperating with the Commission under the National 
        Environmental Policy Act (42 U.S.C. 4321 et seq.) and staff 
        participating in the applicable proceeding under this part.

    ``(f) <<NOTE: Deadlines.>>  Developing Abandoned Mines for Pumped 
Storage.--
            ``(1) Workshop.--Not later than 6 months after the date of 
        enactment of this section, the Commission shall hold a workshop 
        to explore potential opportunities for development of closed-
        loop pumped storage projects at abandoned mine sites.
            ``(2) Guidance.--Not later than 1 year after the date of 
        enactment of this section, the Commission shall issue guidance 
        to assist applicants for licenses or preliminary permits for 
        closed-loop pumped storage projects at abandoned mine sites.

    ``(g) Qualifying Criteria for Closed-Loop Pumped Storage Projects.--
            ``(1) In general.--The Commission shall establish criteria 
        that a pumped storage project shall meet in order to qualify as 
        a closed-loop pumped storage project eligible for the expedited 
        process established under this section.
            ``(2) Inclusions.--In establishing the criteria under 
        paragraph (1), the Commission shall include criteria requiring 
        that the pumped storage project--
                    ``(A) cause little to no change to existing surface 
                and ground water flows and uses; and
                    ``(B) is unlikely to adversely affect species listed 
                as a threatened species or endangered species under the 
                Endangered Species Act of 1973.

    ``(h) Savings Clause.--Nothing in this section affects any authority 
of the Commission to license a closed-loop pumped storage project under 
this part.''.
SEC. 3005. CONSIDERATIONS FOR RELICENSING TERMS.

    Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as amended, 
is further amended by adding at the end the following:
``SEC. 36. <<NOTE: 16 USC 823g.>>  CONSIDERATIONS FOR RELICENSING 
                      TERMS.

    ``(a) <<NOTE: Determination.>>  In General.--In determining the term 
of a new license issued when an existing license under this part 
expires, the Commission shall take into consideration, among other 
things--
            ``(1) project-related investments by the licensee under the 
        new license; and

[[Page 132 STAT. 3868]]

            ``(2) project-related investments by the licensee over the 
        term of the existing license.

    ``(b) Equal Weight.--The determination of the Commission under 
subsection (a) shall give equal weight to--
            ``(1) investments by the licensee to implement the new 
        license under this part, including investments relating to 
        redevelopment, new construction, new capacity, efficiency, 
        modernization, rehabilitation or replacement of major equipment, 
        safety improvements, or environmental, recreation, or other 
        protection, mitigation, or enhancement measures required or 
        authorized by the new license; and
            ``(2) investments by the licensee over the term of the 
        existing license (including any terms under annual licenses) 
        that--
                    ``(A) resulted in redevelopment, new construction, 
                new capacity, efficiency, modernization, rehabilitation 
                or replacement of major equipment, safety improvements, 
                or environmental, recreation, or other protection, 
                mitigation, or enhancement measures conducted over the 
                term of the existing license; and
                    ``(B) were not expressly considered by the 
                Commission as contributing to the length of the existing 
                license term in any order establishing or extending the 
                existing license term.

    ``(c) Commission Determination.--At the request of the licensee, the 
Commission shall make a determination as to whether any planned, 
ongoing, or completed investment meets the criteria under subsection 
(b)(2). <<NOTE: Deadline.>>  Any determination under this subsection 
shall be issued within 60 days following receipt of the licensee's 
request. When issuing its determination under this subsection, the 
Commission shall not assess the incremental number of years that the 
investment may add to the new license term. All such assessment shall 
occur only as provided in subsection (a).''.
SEC. 3006. FAIR RATEPAYER ACCOUNTABILITY, TRANSPARENCY, AND 
                          EFFICIENCY STANDARDS.

    Section 205 of the Federal Power Act (16 U.S.C. 824d) is amended by 
adding at the end the following:
    ``(g) Inaction of Commissioners.--
            ``(1) In general.--With respect to a change described in 
        subsection (d), if the Commission permits the 60-day period 
        established therein to expire without issuing an order accepting 
        or denying the change because the Commissioners are divided two 
        against two as to the lawfulness of the change, as a result of 
        vacancy, incapacity, or recusal on the Commission, or if the 
        Commission lacks a quorum--
                    ``(A) the failure to issue an order accepting or 
                denying the change by the Commission shall be considered 
                to be an order issued by the Commission accepting the 
                change for purposes of section 313(a); and
                    ``(B) each Commissioner shall add to the record of 
                the Commission a written statement explaining the views 
                of the Commissioner with respect to the change.
            ``(2) <<NOTE: Deadline.>>  Appeal.--If, pursuant to this 
        subsection, a person seeks a rehearing under section 313(a), and 
        the Commission fails to act on the merits of the rehearing 
        request by the date that is 30 days after the date of the 
        rehearing request

[[Page 132 STAT. 3869]]

        because the Commissioners are divided two against two, as a 
        result of vacancy, incapacity, or recusal on the Commission, or 
        if the Commission lacks a quorum, such person may appeal under 
        section 313(b).''.
SEC. 3007. J. BENNETT JOHNSTON WATERWAY HYDROPOWER EXTENSION.

    (a) <<NOTE: Notice. Time periods.>>  In General.--Notwithstanding 
the time period specified in section 13 of the Federal Power Act (16 
U.S.C. 806) that would otherwise apply to Federal Energy Regulatory 
Commission project numbers 12756, 12757, and 12758, the Commission may, 
at the request of the licensee for the applicable project, and after 
reasonable notice, in accordance with the good faith, due diligence, and 
public interest requirements of that section and the Commission's 
procedures under that section, extend the time period during which such 
licensee is required to commence the construction of its applicable 
project for up to 3 consecutive 2-year periods from the date of the 
expiration of the extension originally issued by the Commission under 
that section for such project.

    (b) Obligation for Payment of Annual Charges.--Any obligation of a 
licensee for a project described in subsection (a) for the payment of 
annual charges under section 10(e) of the Federal Power Act (16 U.S.C. 
803(e)) shall commence when the construction of the project commences.
    (c) Reinstatement of License; Effective Date for Extension.--
            (1) Reinstatement.--If the time period required for 
        commencement of construction of a project described in 
        subsection (a) has expired prior to the date of the enactment of 
        this Act, the Commission may reinstate the license for such 
        project, effective as of the date of the expiration of the 
        license.
            (2) Effective date for extension.--If the Commission 
        reinstates a license under paragraph (1) for a project, the 
        first extension authorized under subsection (a) with respect to 
        such project shall take effect on the effective date of such 
        reinstatement under paragraph (1).
SEC. 3008. STAY AND REINSTATEMENT OF FERC LICENSE NO. 11393 FOR 
                          THE MAHONEY LAKE HYDROELECTRIC PROJECT.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (2) License.--The term ``license'' means the license for the 
        Commission project numbered 11393.
            (3) Licensee.--The term ``licensee'' means the holder of the 
        license.

    (b) Stay of License.--On the request of the licensee, the Commission 
shall issue an order continuing the stay of the license.
    (c) <<NOTE: Deadline.>>  Lifting of Stay.--On the request of the 
licensee, but not later than 10 years after the date of enactment of 
this Act, the Commission shall--
            (1) issue an order lifting the stay of the license under 
        subsection (b); and
            (2) make the effective date of the license the date on which 
        the stay is lifted under paragraph (1).

    (d) Extension of License.--
            (1) <<NOTE: Notice. Time periods.>>  In general.--
        Notwithstanding the time period specified in section 13 of the 
        Federal Power Act (16 U.S.C. 806) that

[[Page 132 STAT. 3870]]

        would otherwise apply to the Commission project numbered 11393, 
        the Commission may, at the request of the licensee, and after 
        reasonable notice, in accordance with the good faith, due 
        diligence, and public interest requirements of, and the 
        procedures of the Commission under, that section, extend the 
        time period during which the licensee is required to commence 
        the construction of the project for not more than 3 consecutive 
        2-year periods from the date of the expiration of the extension 
        originally issued by the Commission.
            (2) Reinstatement of expired license.--
                    (A) In general.--If the period required for the 
                commencement of construction of the project described in 
                paragraph (1) has expired prior to the date of enactment 
                of this Act, the Commission may reinstate the license 
                effective as of the date of the expiration of the 
                license.
                    (B) Extension.--If the Commission reinstates the 
                license under subparagraph (A), the first extension 
                authorized under paragraph (1) shall take effect on the 
                date of that expiration.

    (e) Effect.--Nothing in this Act prioritizes, or creates any 
advantage or disadvantage to, Commission project numbered 11393 under 
Federal law, including the Federal Power Act (16 U.S.C. 791a et seq.) or 
the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et 
seq.), as compared to--
            (1) any electric generating facility in existence on the 
        date of enactment of this Act; or
            (2) any electric generating facility that may be examined, 
        proposed, or developed during the period of any stay or 
        extension of the license under this Act.
SEC. 3009. STRATEGIC PETROLEUM RESERVE DRAWDOWN.

    (a) Drawdown and Sale.--
            (1) In general.--Notwithstanding section 161 of the Energy 
        Policy and Conservation Act (42 U.S.C. 6241), except as provided 
        in subsection (b), the Secretary of Energy shall draw down and 
        sell 5,000,000 barrels of crude oil from the Strategic Petroleum 
        Reserve during fiscal year 2028.
            (2) Deposit of amounts received from sale.--Amounts received 
        from a sale under paragraph (1) shall be deposited in the 
        general fund of the Treasury during the fiscal year in which the 
        sale occurs.

    (b) Emergency Protection.--The Secretary of Energy may not draw down 
and sell crude oil under this section in quantities that would limit the 
authority to sell petroleum products under subsection (h) of section 161 
of the Energy Policy and Conservation Act (42 U.S.C. 6241) in the full 
quantity authorized by that subsection.

                         TITLE IV--OTHER MATTERS

                         Subtitle A--Clean Water

SEC. 4101. STORMWATER INFRASTRUCTURE FUNDING TASK FORCE.

    (a) <<NOTE: Deadline. Study. Recommenda- tions.>>  In General.--Not 
later than 180 days after the date of enactment of this Act, the 
Administrator of the Environmental Protection Agency shall establish a 
stormwater infrastructure

[[Page 132 STAT. 3871]]

funding task force composed of representatives of Federal, State, and 
local governments and private (including nonprofit) entities to conduct 
a study on, and develop recommendations to improve, the availability of 
public and private sources of funding for the construction, 
rehabilitation, and operation and maintenance of stormwater 
infrastructure to meet the requirements of the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.).

    (b) Considerations.--In carrying out subsection (a), the task force 
shall--
            (1) identify existing Federal, State, and local public 
        sources and private sources of funding for stormwater 
        infrastructure; and
            (2) consider--
                    (A) how funding for stormwater infrastructure from 
                such sources has been made available, and utilized, in 
                each State to address stormwater infrastructure needs 
                identified pursuant to section 516(b)(1) of the Federal 
                Water Pollution Control Act (33 U.S.C. 1375(b)(1));
                    (B) how the source of funding affects the 
                affordability of the infrastructure (as determined based 
                on the considerations used to assess the financial 
                capability of municipalities under the integrated 
                planning guidelines described in the Integrated 
                Municipal Stormwater and Wastewater Planning Approach 
                Framework, issued by the Environmental Protection Agency 
                on June 5, 2012, and dated May, 2012), including 
                consideration of the costs associated with financing the 
                infrastructure; and
                    (C) whether such sources of funding are sufficient 
                to support capital expenditures and long-term operation 
                and maintenance costs necessary to meet the stormwater 
                infrastructure needs of municipalities.

    (c) Report.--Not later than 18 months after the date of enactment of 
this Act, the Administrator shall submit to Congress a report that 
describes the results of the study conducted, and the recommendations 
developed, under subsection (a).
    (d) State Defined.--In this section, the term ``State'' has the 
meaning given that term in section 502 of the Federal Water Pollution 
Control Act (33 U.S.C. 1362).
SEC. 4102. <<NOTE: 33 USC 1314a.>>  WASTEWATER TECHNOLOGY 
                          CLEARINGHOUSE.

    (a) In General.--
            (1) In general.--The Administrator of the Environmental 
        Protection Agency shall--
                    (A) for each of the programs described in paragraph 
                (2), update the information for those programs to 
                include information on cost-effective and alternative 
                wastewater recycling and treatment technologies, 
                including onsite and decentralized systems; and
                    (B) disseminate to units of local government and 
                nonprofit organizations seeking Federal funds for 
                wastewater technology information on the cost 
                effectiveness of alternative wastewater treatment and 
                recycling technologies, including onsite and 
                decentralized systems.
            (2) Programs described.--The programs referred to in 
        paragraph (1)(A) are programs that provide technical assistance 
        for wastewater management, including--

[[Page 132 STAT. 3872]]

                    (A) programs for nonpoint source management under 
                section 319 of the Federal Water Pollution Control Act 
                (33 U.S.C. 1329); and
                    (B) the permit program for the disposal of sewer 
                sludge under section 405 of the Federal Water Pollution 
                Control Act (33 U.S.C. 1345).

    (b) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, and not less frequently than every 3 years 
thereafter, the Administrator of the Environmental Protection Agency 
shall submit to Congress a report that describes--
            (1) the type and amount of information provided under 
        subsection (a) to units of local government and nonprofit 
        organizations regarding alternative wastewater treatment and 
        recycling technologies;
            (2) the States and regions that have made greatest use of 
        alternative wastewater treatment and recycling technologies; and
            (3) the actions taken by the Administrator to assist States 
        in the deployment of alternative wastewater treatment and 
        recycling technologies, including onsite and decentralized 
        systems.
SEC. 4103. TECHNICAL ASSISTANCE FOR TREATMENT WORKS.

    (a) Technical Assistance.--Section 104 of the Federal Water 
Pollution Control Act (33 U.S.C. 1254) is amended--
            (1) in subsection (b)--
                    (A) by striking ``and'' at the end of paragraph (6);
                    (B) by striking the period at the end of paragraph 
                (7) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(8) make grants to nonprofit organizations--
                    ``(A) <<NOTE: Consultation.>>  to provide technical 
                assistance to rural, small, and tribal municipalities 
                for the purpose of assisting, in consultation with the 
                State in which the assistance is provided, such 
                municipalities and tribal governments in the planning, 
                developing, and acquisition of financing for eligible 
                projects and activities described in section 603(c);
                    ``(B) to provide technical assistance and training 
                for rural, small, and tribal publicly owned treatment 
                works and decentralized wastewater treatment systems to 
                enable such treatment works and systems to protect water 
                quality and achieve and maintain compliance with the 
                requirements of this Act; and
                    ``(C) to disseminate information to rural, small, 
                and tribal municipalities and municipalities that meet 
                the affordability criteria established under section 
                603(i)(2) by the State in which the municipality is 
                located with respect to planning, design, construction, 
                and operation of publicly owned treatment works and 
                decentralized wastewater treatment systems.''; and
            (2) by adding at the end the following:

    ``(w) <<NOTE: Definition.>>  Nonprofit Organization.--For purposes 
of subsection (b)(8), the term `nonprofit organization' means a 
nonprofit organization that the Administrator determines, after 
consultation with the States regarding what small publicly owned 
treatments works in the State find to be most beneficial and effective, 
is qualified

[[Page 132 STAT. 3873]]

and experienced in providing on-site training and technical assistance 
to small publicly owned treatment works.''.

    (b) Authorization of Appropriations.--Section 104(u) of the Federal 
Water Pollution Control Act (33 U.S.C. 1254(u)) is amended--
            (1) by striking ``and (6)'' and inserting ``(6)''; and
            (2) by inserting before the period at the end the following: 
        ``; and (7) not to exceed $25,000,000 for each of fiscal years 
        2019 through 2023 for carrying out subsections (b)(3), (b)(8), 
        and (g)''.
SEC. 4104. AMENDMENTS TO LONG ISLAND SOUND PROGRAMS.

    (a) Long Island Sound Restoration Program.--Section 119 of the 
Federal Water Pollution Control Act (33 U.S.C. 1269) is amended--
            (1) in subsection (c)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``Management Conference of the Long Island 
                Sound Study'' and inserting ``conference study'';
                    (B) in paragraph (2)--
                          (i) in each of subparagraphs (A) through (G), 
                      by striking the commas at the end of the 
                      subparagraphs and inserting semicolons;
                          (ii) in subparagraph (H), by striking ``, 
                      and'' and inserting a semicolon;
                          (iii) in subparagraph (I), by striking the 
                      period at the end and inserting a semicolon; and
                          (iv) by adding at the end the following:
                    ``(J) environmental vulnerabilities of the Long 
                Island Sound watershed, including--
                          ``(i) the identification and assessment of 
                      such vulnerabilities in the watershed;
                          ``(ii) the development and implementation of 
                      adaptation strategies to reduce such 
                      vulnerabilities; and
                          ``(iii) the identification and assessment of 
                      the effects of sea level rise on water quality, 
                      habitat, and infrastructure; and'';
                    (C) by striking paragraph (4) and inserting the 
                following:
            ``(4) develop and implement strategies to increase public 
        education and awareness with respect to the ecological health 
        and water quality conditions of Long Island Sound;'';
                    (D) in paragraph (5), by inserting ``study'' after 
                ``conference'';
                    (E) in paragraph (6)--
                          (i) by inserting ``(including on a publicly 
                      accessible website)'' after ``the public''; and
                          (ii) by inserting ``study'' after 
                      ``conference''; and
                    (F) by striking paragraph (7) and inserting the 
                following:
            ``(7) monitor the progress made toward meeting the 
        identified goals, actions, and schedules of the Comprehensive 
        Conservation and Management Plan, including through the 
        implementation and support of a monitoring system for the 
        ecological health and water quality conditions of Long Island 
        Sound; and'';

[[Page 132 STAT. 3874]]

            (2) in subsection (d)(3), in the second sentence, by 
        striking ``50 per centum'' and inserting ``60 percent'';
            (3) by redesignating subsection (f) as subsection (h); and
            (4) by inserting after subsection (e) the following:

    ``(f) Report.--
            ``(1) <<NOTE: Consultation.>>  In general.--Not later than 2 
        years after the date of enactment of this Act, and biennially 
        thereafter, the Director of the Office, in consultation with the 
        Governor of each Long Island Sound State, shall submit to 
        Congress a report that--
                    ``(A) <<NOTE: Summary. Assessments.>>  summarizes 
                and assesses the progress made by the Office and the 
                Long Island Sound States in implementing the Long Island 
                Sound Comprehensive Conservation and Management Plan, 
                including an assessment of the progress made toward 
                meeting the performance goals and milestones contained 
                in the Plan;
                    ``(B) <<NOTE: Assessment.>>  assesses the key 
                ecological attributes that reflect the health of the 
                ecosystem of the Long Island Sound watershed;
                    ``(C) <<NOTE: Time period.>>  describes any 
                substantive modifications to the Long Island Sound 
                Comprehensive Conservation and Management Plan made 
                during the 2-year period preceding the date of 
                submission of the report;
                    ``(D) <<NOTE: Recommenda- tions. Proposal.>>  
                provides specific recommendations to improve progress in 
                restoring and protecting the Long Island Sound 
                watershed, including, as appropriate, proposed 
                modifications to the Long Island Sound Comprehensive 
                Conservation and Management Plan;
                    ``(E) <<NOTE: Time period.>>  identifies priority 
                actions for implementation of the Long Island Sound 
                Comprehensive Conservation and Management Plan for the 
                2-year period following the date of submission of the 
                report; and
                    ``(F) <<NOTE: Coordination.>>  describes the means 
                by which Federal funding and actions will be coordinated 
                with the actions of the Long Island Sound States and 
                other entities.
            ``(2) Public availability.--The Administrator shall make the 
        report described in paragraph (1) available to the public, 
        including on a publicly accessible website.

    ``(g) Federal Entities.--
            ``(1) Coordination.--The Administrator shall coordinate the 
        actions of all Federal departments and agencies that affect 
        water quality in the Long Island Sound watershed in order to 
        improve the water quality and living resources of the watershed.
            ``(2) Methods.--In carrying out this section, the 
        Administrator, acting through the Director of the Office, may--
                    ``(A) enter into interagency agreements; and
                    ``(B) make intergovernmental personnel appointments.
            ``(4) Consistency with comprehensive conservation and 
        management plan.--To the maximum extent practicable, the head of 
        each Federal department or agency that owns or occupies real 
        property, or carries out activities, within the Long Island 
        Sound watershed shall ensure that the property and all 
        activities carried out by the department or agency are 
        consistent with the Long Island Sound Comprehensive Conservation 
        and Management Plan (including any related subsequent agreements 
        and plans).''.

[[Page 132 STAT. 3875]]

    (b) Long Island Sound Stewardship Program.--Section 8(g) of the Long 
Island Sound Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law 
109-359) is amended by striking ``2011'' and inserting ``2021''.
    (c) Reauthorization of Long Island Sound Programs.--
            (1) Long island sound grants.--Subsection (h) of section 119 
        of the Federal Water Pollution Control Act (33 U.S.C. 1269) (as 
        redesignated by subsection (a)) is amended to read as follows:

    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to carry out this section $40,000,000 
for each of fiscal years 2019 through 2023.''.
            (2) Long island sound stewardship grants.--Section 11(a) of 
        the Long Island Sound Stewardship Act of 2006 (33 U.S.C. 1269 
        note; Public Law 109-359) is amended by striking ``2007 through 
        2011'' and inserting ``2019 through 2023''.
SEC. 4105. AUTHORIZATION OF APPROPRIATIONS FOR COLUMBIA RIVER 
                          BASIN RESTORATION.

    Section 123(d) of the Federal Water Pollution Control Act (33 U.S.C. 
1275(d)) is amended by adding at the end the following:
            ``(6) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $30,000,000 for 
        each of fiscal years 2020 and 2021.''.
SEC. 4106. SEWER OVERFLOW CONTROL GRANTS.

    Section 221 of the Federal Water Pollution Control Act (33 U.S.C. 
1301) is amended--
            (1) by amending the section heading to read as follows: 
        ``sewer overflow and stormwater reuse municipal grants'';
            (2) by amending subsection (a) to read as follows:

    ``(a) In General.--
            ``(1) Grants to states.--The Administrator may make grants 
        to States for the purpose of providing grants to a municipality 
        or municipal entity for planning, design, and construction of--
                    ``(A) treatment works to intercept, transport, 
                control, treat, or reuse municipal combined sewer 
                overflows, sanitary sewer overflows, or stormwater; and
                    ``(B) any other measures to manage, reduce, treat, 
                or recapture stormwater or subsurface drainage water 
                eligible for assistance under section 603(c).
            ``(2) Direct municipal grants.--Subject to subsection (g), 
        the Administrator may make a direct grant to a municipality or 
        municipal entity for the purposes described in paragraph (1).'';
            (3) by amending subsection (e) to read as follows:

    ``(e) <<NOTE: Determination.>>  Administrative Requirements.--A 
project that receives assistance under this section shall be carried out 
subject to the same requirements as a project that receives assistance 
from a State water pollution control revolving fund under title VI, 
except to the extent that the Governor of the State in which the project 
is located determines that a requirement of title VI is inconsistent 
with the purposes of this section. For the purposes of this subsection, 
a Governor may not determine that the requirements of title VI relating 
to the application of section 513 are inconsistent with the purposes of 
this section.'';

[[Page 132 STAT. 3876]]

            (4) by amending subsection (f) to read as follows:

    ``(f) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated to 
        carry out this section $225,000,000 for each of fiscal years 
        2019 through 2020.
            ``(2) Minimum allocations.--To the extent there are 
        sufficient eligible project applications, the Administrator 
        shall ensure that a State uses not less than 20 percent of the 
        amount of the grants made to the State under subsection (a) in a 
        fiscal year to carry out projects to intercept, transport, 
        control, treat, or reuse municipal combined sewer overflows, 
        sanitary sewer overflows, or stormwater through the use of green 
        infrastructure, water and energy efficiency improvements, and 
        other environmentally innovative activities.''; and
            (5) by amending subsection (g) to read as follows:

    ``(g) Allocation of Funds.--
            ``(1) Fiscal year 2019.--Subject to subsection (h), the 
        Administrator shall use the amounts appropriated to carry out 
        this section for fiscal year 2019 for making grants to 
        municipalities and municipal entities under subsection (a)(2) in 
        accordance with the criteria set forth in subsection (b).
            ``(2) <<NOTE: Notice. Public comment.>>  Fiscal year 2020 
        and thereafter.--Subject to subsection (h), the Administrator 
        shall use the amounts appropriated to carry out this section for 
        fiscal year 2020 and each fiscal year thereafter for making 
        grants to States under subsection (a)(1) in accordance with a 
        formula to be established by the Administrator, after providing 
        notice and an opportunity for public comment, that allocates to 
        each State a proportional share of such amounts based on the 
        total needs of the State for municipal combined sewer overflow 
        controls, sanitary sewer overflow controls, and stormwater 
        identified in the most recent detailed estimate and 
        comprehensive study submitted pursuant to section 516 and any 
        other information the Administrator considers appropriate.''.
SEC. 4107. ASSISTANCE FOR INDIVIDUAL HOUSEHOLD DECENTRALIZED 
                          WASTEWATER SYSTEMS OF INDIVIDUALS WITH 
                          LOW OR MODERATE INCOME.

    (a) Projects and Activities Eligible for Assistance.--Section 603 of 
the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended--
            (1) in subsection (c)--
                    (A) by striking ``and'' at the end of paragraph 
                (10);
                    (B) by striking ``Act.'' at the end of paragraph 
                (11) and inserting ``Act; and''; and
                    (C) by inserting after paragraph (11) the following:
            ``(12) to any qualified nonprofit entity, as determined by 
        the Administrator, to provide assistance to an eligible 
        individual (as defined in subsection (j))--
                    ``(A) for the repair or replacement of existing 
                individual household decentralized wastewater treatment 
                systems; or
                    ``(B) in a case in which an eligible individual 
                resides in a household that could be cost-effectively 
                connected to an available publicly owned treatment 
                works, for the connection of the applicable household to 
                such treatment works.''; and
            (2) by adding at the end the following:

[[Page 132 STAT. 3877]]

    ``(j) Definition of Eligible Individual.--In subsection (c)(12), the 
term `eligible individual' means a member of a household, the members of 
which have a combined income (for the most recent 12-month period for 
which information is available) equal to not more than 50 percent of the 
median nonmetropolitan household income for the State in which the 
household is located, according to the most recent decennial census.''.
    (b) Report.--Not later than 2 years after the date of enactment of 
this section, the Administrator of the Environmental Protection Agency 
shall submit to the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives a report describing--
            (1) the prevalence throughout the United States of low- and 
        moderate-income households without access to a treatment works; 
        and
            (2) the use by States of assistance under section 603(c)(12) 
        of the Federal Water Pollution Control Act.

  Subtitle B--WIFIA Reauthorization and Innovative Financing for State 
                               Loan Funds

SEC. 4201. WIFIA REAUTHORIZATION AND INNOVATIVE FINANCING FOR 
                          STATE LOAN FUNDS.

    (a) WIFIA Reauthorization.--
            (1) Authority to provide assistance.--Section 5023 of the 
        Water Resources Reform and Development Act of 2014 (33 U.S.C. 
        3902) is amended--
                    (A) by striking ``pilot'' each place it appears; and
                    (B) in subsection (b)(1), by inserting ``provide 
                financial assistance to'' before ``carry out''.
            (2) Determination of eligibility and project selection.--
        Section 5028(a)(1)(E) of the Water Resources Reform and 
        Development Act of 2014 (33 U.S.C. 3907(a)(1)(E)) is amended to 
        read as follows:
                    ``(E) Special rule for certain combined projects.--
                The Administrator shall develop a credit evaluation 
                process for a Federal credit instrument provided to--
                          ``(i) a State infrastructure financing 
                      authority for a project under section 5026(9), 
                      which may include requiring the provision of a 
                      final rating opinion letter from at least one 
                      rating agency; or
                          ``(ii) an entity for a project under section 
                      5026(10), which may include requiring the 
                      provision of a final rating opinion letter from at 
                      least two rating agencies.''.
            (3) Repayments.--Section 5029(c)(2)(B) of the Water 
        Resources Reform and Development Act of 2014 (33 U.S.C. 
        3908(c)(2)(B)) is amended--
                    (A) by striking ``Scheduled'' and inserting the 
                following:
                          ``(i) Timing of scheduled loan repayments.--
                      Scheduled''; and
                    (B) by adding at the end:
                          ``(ii) Repayments.--None of the funds for 
                      repayment of a secured loan under this title from 
                      a State infrastructure financing authority may 
                      come from funds provided to a State revolving loan 
                      fund under title VI of the Federal Water Pollution 
                      Control Act

[[Page 132 STAT. 3878]]

                      (33 U.S.C. 1381 et seq.) or section 1452 of the 
                      Safe Drinking Water Act (42 U.S.C. 300j-12).''.
            (4) Authorization of appropriations.--Section 5033 of the 
        Water Resources Reform and Development Act of 2014 (33 U.S.C. 
        3912) is amended--
                    (A) in subsection (a)--
                          (i) by redesignating paragraphs (1) through 
                      (5) as subparagraphs (A) through (E), 
                      respectively, and indenting appropriately;
                          (ii) in the matter preceding subparagraph (A) 
                      (as so redesignated), by striking ``There is'' and 
                      inserting the following:
            ``(1) Fiscal years 2015 through 2019.--There are''; and
                          (iii) by adding at the end the following:
            ``(2) Fiscal years 2020 and 2021.--There is authorized to be 
        appropriated to the Administrator to carry out this subtitle 
        $50,000,000 for each of fiscal years 2020 and 2021, to remain 
        available until expended.''; and
                    (B) in subsection (b)--
                          (i) by striking ``Of the funds'' and inserting 
                      the following:
            ``(1) Fiscal years 2015 through 2019.--Of the funds''; and
                          (ii) by adding at the end the following:
            ``(2) Fiscal years 2020 and 2021.--Of the funds made 
        available to carry out this subtitle, the Administrator may use 
        for the administration of this subtitle, including for the 
        provision of technical assistance to aid project sponsors in 
        obtaining the necessary approvals for the project, not more than 
        $5,000,000 for each of fiscal years 2020 and 2021.''.

    (b) Innovative Financing for State Loan Funds.--
            (1) Maximum federal involvement.--Section 5029(b)(9) of the 
        Water Resources Reform and Development Act of 2014 (33 U.S.C. 
        3908(b)(9)) is amended by adding at the end the following:
                    ``(C) Exception for projects funded by a state 
                infrastructure financing authority.--Notwithstanding 
                subparagraph (A), a State infrastructure financing 
                authority may finance up to 100 percent of the costs of 
                a project using the proceeds of financial assistance 
                authorized under section 5033(e), provided that, in the 
                event of a default with respect to any such assistance, 
                the State infrastructure financing authority is solely 
                responsible for immediate repayment of such costs.''.
            (2) Program administration.--Section 5030 of the Water 
        Resources Reform and Development Act of 2014 (33 U.S.C. 3909) is 
        amended--
                    (A) in subsection (b), by inserting after paragraph 
                (1) the following:
            ``(2) Prohibition on pass through fees.--The Administrator, 
        in the case where a State infrastructure financing authority 
        obtains financial assistance under section 5033(e), shall 
        require as a condition of obtaining such assistance, that the 
        State infrastructure financing authority is prohibited from 
        passing any portion of the fees required under section 
        5029(b)(7) to any party that utilizes any portion of such 
        assistance for a project funded by such authority.''; and

[[Page 132 STAT. 3879]]

                    (B) by redesignating subsection (e) as subsection 
                (h) and inserting after subsection (d) the following:

    ``(e) Special Rule for State Reviews of Projects for State 
Infrastructure Financing Authorities.--
            ``(1) In general.--A project described in section 5026(9) 
        for which funding is provided under this title shall comply with 
        any applicable State environmental or engineering review 
        requirements pursuant to, as applicable--
                    ``(A) title VI of the Federal Water Pollution 
                Control Act (33 U.S.C. 1381 et seq.); and
                    ``(B) section 1452 of the Safe Drinking Water Act 
                (42 U.S.C. 300j-12).
            ``(2) No new reviews required.--Nothing in this title 
        requires any additional or new environmental or engineering 
        review for a project described in section 5026(9) for which 
        funding is provided, other than any requirement otherwise 
        applicable to the project.

    ``(f) Special Rule for Expedited Review of Applications From State 
Infrastructure Financing Authorities.--Not <<NOTE: Deadline. Notice.>>  
later than 180 days after the date on which the Administrator receives a 
complete application from a State infrastructure financing authority for 
a project under section 5026(9), the Administrator shall, through a 
written notice to the State infrastructure financing authority--
            ``(1) approve the application; or
            ``(2) <<NOTE: Guidance.>>  provide detailed guidance and an 
        explanation of any changes to the application necessary for 
        approval of the application.''.
            (3) Authorization of appropriations.--Section 5033 of the 
        Water Resources Reform and Development Act of 2014 (33 U.S.C. 
        3912) is further amended by adding at the end the following:

    ``(e) Assistance for State Infrastructure Financing Authorities.--
            ``(1) In general.--With respect to fiscal years 2020 and 
        2021, if the Administrator has available for obligation in a 
        fiscal year at least $50,000,000, there is authorized to be 
        appropriated to the Administrator $5,000,000 for that fiscal 
        year to provide financial assistance for projects described in 
        section 5026(9) to State infrastructure financing authorities.
            ``(2) No impact on other federal funding.--No funds shall be 
        made available in a fiscal year to the Administrator for 
        purposes of this subsection if--
                    ``(A) the total amount appropriated for the fiscal 
                year for State loan funds under section 1452 of the Safe 
                Drinking Water Act is less than either the amount made 
                available for such purpose in fiscal year 2018, or 105 
                percent of the previous fiscal year's appropriation for 
                such purpose, whichever is greater; and
                    ``(B) the total amount appropriated for the fiscal 
                year for water pollution control revolving funds under 
                title VI of the Federal Water Pollution Control Act is 
                less than either the amount made available for such 
                purpose for fiscal year 2018, or 105 percent of the 
                previous fiscal year's appropriation for such purpose, 
                whichever is greater.
            ``(3) Inclusion in agreement.--If the Administrator provides 
        financial assistance to a State infrastructure financing

[[Page 132 STAT. 3880]]

        authority under section 5029 using funds made available pursuant 
        to this subsection, the Administrator shall specify in the 
        agreement under such section the amount of such assistance that 
        is attributable to such funds.''.

    (c) Administration of WIFIA Program.--Section 5030 of the Water 
Resources Reform and Development Act of 2014 (33 U.S.C. 3909), as 
amended by subsection (b), is further amended by inserting after 
subsection (f) the following:
    ``(g) Agreements.--
            ``(1) In general.--Subject to paragraphs (3) and (4), the 
        Administrator may enter into an agreement with another relevant 
        Federal agency to provide assistance in administering and 
        servicing Federal credit instruments that such agency is 
        authorized to make available.
            ``(2) Duties.--The Administrator may act as an agent for the 
        head of another Federal agency under paragraph (1), subject to 
        the terms of any agreement entered into by the Administrator and 
        the head of such other agency under such clause.
            ``(3) Transfer of funds.--The authority of the Administrator 
        to provide assistance under paragraph (1) is subject to--
                    ``(A) the availability of funds appropriated to the 
                other Federal agency that may be transferred to the 
                Administrator to carry out an agreement entered into 
                under paragraph (1); and
                    ``(B) the transfer of such funds to the 
                Administrator to carry out such an agreement.
            ``(4) Limitation.--Nothing in this subsection affects the 
        authority of the Administrator with respect to the selection of 
        projects described in paragraphs (1), (8), or (10) of section 
        5026 to receive financial assistance under this subtitle.''.

    (d) Reports on Pilot Program Implementation.--Section 5034 of the 
Water Resources Reform and Development Act of 2014 (33 U.S.C. 3913) is 
amended--
            (1) in the section heading, by striking ``pilot''; and
            (2) in subsection (b)(1), by striking ``4 years after the 
        date of enactment of this Act'' and inserting ``3 years after 
        the date of enactment of the Water Resources Development Act of 
        2018''.

                        Subtitle C--Miscellaneous

SEC. 4301. <<NOTE: Deadline. 33 USC 3909 note.>>  AGREEMENT WITH 
                          COMMISSIONER OF RECLAMATION.

    Not later than 1 year after the date of enactment of this Act, the 
Administrator of the Environmental Protection Agency and the 
Commissioner of Reclamation shall enter into an agreement under section 
5030(g) of the Water Infrastructure Finance and Innovation Act (as added 
by this Act).
SEC. 4302. SNAKE RIVER BASIN FLOOD PREVENTION ACTION PLAN.

    (a) <<NOTE: Consultation.>>  In General.--As soon as practicable 
after the date of enactment of this Act, the Commissioner of 
Reclamation, in consultation with the Secretary of the Army, shall 
develop a flood prevention action plan for each State or portion of a 
State within the Snake River Basin.

[[Page 132 STAT. 3881]]

    (b) Requirements.--A flood prevention action plan developed under 
subsection (a) shall--
            (1) <<NOTE: Time period.>>  focus on the areas most likely 
        to experience flooding within the 2 years following the date of 
        enactment of this Act;
            (2) include steps to manage and reduce flood risks within 
        the Snake River Basin; and
            (3) include a description of the actions the Secretary and 
        the Commissioner of Reclamation plan to take to improve 
        coordination with local stakeholders to help manage and reduce 
        flood risks in the areas described in paragraph (1).

    (c) <<NOTE: Deadline. Coordination.>>  Submission.--Not later than 
180 days after the date of enactment of this Act, after coordinating 
with local stakeholders, the Commissioner of Reclamation shall submit to 
the Committee on Environment and Public Works and the Committee on 
Energy and Natural Resources of the Senate, and the Committee on 
Transportation and Infrastructure and the Committee on Natural Resources 
of the House of Representatives, the flood prevention plans developed 
under subsection (a).
SEC. 4303. GAO AUDIT OF CONTRACTS AND TAINTER GATE REPAIRS OF 
                          HARLAN COUNTY DAM.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 180 days after 
the date of enactment of this Act, the Comptroller General of the United 
States shall--
            (1) conduct an audit of the extraordinary maintenance 
        repayment contracts No. 16XX630077 and No. 16XX630076 between 
        the United States and the Bostwick Division for repairs to the 
        Tainter gates and other features at Harlan County Dam, 
        including--
                    (A) an examination of whether--
                          (i) the Corps of Engineers should have 
                      designated the Tainter gate rehabilitation as a 
                      ``Dam Safety Modification'', subject to the cost-
                      sharing requirements under section 1203 of the 
                      Water Resources Development Act of 1986 (33 U.S.C. 
                      467n), instead of an ``extraordinary maintenance 
                      project''; and
                          (ii) a more appropriate cost share should have 
                      applied to the Bostwick Division;
                    (B) a review of--
                          (i) the amounts owed by the Bostwick Division 
                      to the Bureau of Reclamation; and
                          (ii) any reimbursements owed by the Corps of 
                      Engineers to the Bureau of Reclamation based on 
                      the actual costs of the project after completion; 
                      and
                    (C) a review of project designations and cost-share 
                policies of the Bureau of Reclamation and other Federal 
                agencies for similar spillway gate repairs; and
            (2) submit to Congress a report on the results of the audit 
        under paragraph (1).

    (b) Treatment of Payments.--Payments made after the date of 
enactment of this Act by the Bostwick Division to the Bureau of 
Reclamation under the contracts described in subsection (a)(1) shall 
be--
            (1) deposited into a no-year account; and
            (2) disbursed to the Bureau of Reclamation upon submission 
        of the report under subsection (a)(2).

[[Page 132 STAT. 3882]]

SEC. 4304. <<NOTE: 42 USC 300j-19e.>>  WATER INFRASTRUCTURE AND 
                          WORKFORCE INVESTMENT.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) water and wastewater utilities provide a unique 
        opportunity for access to stable, high-quality careers;
            (2) as water and wastewater utilities make critical 
        investments in infrastructure, water and wastewater utilities 
        can invest in the development of local workers and local small 
        businesses to strengthen communities and ensure a strong 
        pipeline of skilled and diverse workers for today and tomorrow; 
        and
            (3) to further the goal of ensuring a strong pipeline of 
        skilled and diverse workers in the water and wastewater 
        utilities sector, Congress urges--
                    (A) increased collaboration among Federal, State, 
                and local governments; and
                    (B) institutions of higher education, apprentice 
                programs, high schools, and other community-based 
                organizations to align workforce training programs and 
                community resources with water and wastewater utilities 
                to accelerate career pipelines and provide access to 
                workforce opportunities.

    (b) Innovative Water Infrastructure Workforce Development Program.--
            (1) <<NOTE: Consultation.>>  Grants authorized.--The 
        Administrator of the Environmental Protection Agency (referred 
        to in this section as the ``Administrator''), in consultation 
        with the Secretary of Agriculture, shall establish a competitive 
        grant program--
                    (A) to assist the development and utilization of 
                innovative activities relating to workforce development 
                and career opportunities in the water utility sector; 
                and
                    (B) to expand public awareness about water utilities 
                and connect individuals to careers in the water utility 
                sector.
            (2) Selection of grant recipients.--In awarding grants under 
        paragraph (1), the Administrator shall, to the extent 
        practicable, select nonprofit professional or service 
        organizations, labor organizations, community colleges, 
        institutions of higher education, or other training and 
        educational institutions--
                    (A) that have qualifications and experience--
                          (i) in the development of training programs 
                      and curricula relevant to workforce needs of water 
                      utilities;
                          (ii) working in cooperation with water 
                      utilities; or
                          (iii) developing public education materials 
                      appropriate for communicating with groups of 
                      different ages and educational backgrounds; and
                    (B) that will address the human resources and 
                workforce needs of water utilities that--
                          (i) are geographically diverse;
                          (ii) are of varying sizes; and
                          (iii) serve urban, suburban, and rural 
                      populations.
            (3) Use of funds.--Grants awarded under paragraph (1) may be 
        used for activities such as--
                    (A) targeted internship, apprenticeship, pre-
                apprenticeship, and post-secondary bridge programs for 
                skilled water utility trades that provide--

[[Page 132 STAT. 3883]]

                          (i) on-the-job training;
                          (ii) skills development;
                          (iii) test preparation for skilled trade 
                      apprenticeships;
                          (iv) advance training in the water utility 
                      sector relating to construction, utility 
                      operations, treatment and distribution, green 
                      infrastructure, customer service, maintenance, and 
                      engineering; or
                          (v) other support services to facilitate post-
                      secondary success;
                    (B) education programs designed for elementary, 
                secondary, and higher education students that--
                          (i) inform people about the role of water and 
                      wastewater utilities in their communities;
                          (ii) increase the awareness of career 
                      opportunities and exposure of students to water 
                      utility careers through various work-based 
                      learning opportunities inside and outside the 
                      classroom; and
                          (iii) connect students to career pathways 
                      related to water utilities;
                    (C) <<NOTE: Coordination.>>  regional industry and 
                workforce development collaborations to address water 
                utility employment needs and coordinate candidate 
                development, particularly in areas of high unemployment 
                or for water utilities with a high proportion of 
                retirement eligible employees;
                    (D) integrated learning laboratories in secondary 
                educational institutions that provide students with--
                          (i) hands-on, contextualized learning 
                      opportunities;
                          (ii) dual enrollment credit for post-secondary 
                      education and training programs; and
                          (iii) direct connection to industry employers; 
                      and
                    (E) leadership development, occupational training, 
                mentoring, or cross-training programs that ensure that 
                incumbent water and waste water utilities workers are 
                prepared for higher level supervisory or management-
                level positions.
            (4) Authorization of appropriations.--There is authorized to 
        be appropriated to carry out this subsection $1,000,000 for each 
        of fiscal years 2019 and 2020.
SEC. 4305. <<NOTE: 42 USC 4370i.>>  REGIONAL LIAISONS FOR 
                          MINORITY, TRIBAL, AND LOW-INCOME 
                          COMMUNITIES.

    (a) <<NOTE: Assignment.>>  In General.--The Administrator of the 
Environmental Protection Agency (referred to in this section as the 
``Administrator'') shall assign at least one employee in each regional 
office of the Environmental Protection Agency to serve as a liaison to 
minority, Tribal, and low-income communities in the relevant region.

    (b) <<NOTE: Web postings.>>  Public Identification.--The 
Administrator shall identify each regional liaison assigned under 
subsection (a) on the internet website of--
            (1) the relevant regional office of the Environmental 
        Protection Agency; and
            (2) the Office of Environmental Justice of the Environmental 
        Protection Agency.

[[Page 132 STAT. 3884]]

SEC. 4306. WATERSENSE.

    (a) WaterSense.--The Energy Policy and Conservation Act (42 U.S.C. 
6201 et seq.) is amended by adding after section 324A the following:
``SEC. 324B. <<NOTE: 42 USC 6294b.>>  WATERSENSE PROGRAM.

    ``(a) Establishment of WaterSense Program.--
            ``(1) In general.--There is established within the 
        Environmental Protection Agency a voluntary program, to be known 
        as the WaterSense program, to identify and promote water-
        efficient products, buildings, landscapes, facilities, 
        processes, and services in order to, through voluntary labeling 
        of, or other forms of communications regarding, such products, 
        buildings, landscapes, facilities, processes, and services while 
        meeting strict performance criteria, sensibly--
                    ``(A) reduce water use;
                    ``(B) reduce the strain on public water systems, 
                community water systems, and wastewater and stormwater 
                infrastructure;
                    ``(C) conserve energy used to pump, heat, transport, 
                and treat water; and
                    ``(D) preserve water resources for future 
                generations.
            ``(2) Inclusions.--Categories of products, buildings, 
        landscapes, facilities, processes, and services that may be 
        included under the program include--
                    ``(A) irrigation technologies and services;
                    ``(B) point-of-use water treatment devices;
                    ``(C) plumbing products;
                    ``(D) water reuse and recycling technologies;
                    ``(E) landscaping and gardening products, including 
                moisture control or water enhancing technologies;
                    ``(F) xeriscaping and other landscape conversions 
                that reduce water use;
                    ``(G) whole house humidifiers; and
                    ``(H) water-efficient buildings or facilities.

    ``(b) <<NOTE: Coordination.>>  Duties.--The Administrator of the 
Environmental Protection Agency, in coordination with the Secretary of 
Energy as appropriate, shall--
            ``(1) establish--
                    ``(A) a WaterSense label to be used for products, 
                buildings, landscapes, facilities, processes, and 
                services meeting the certification criteria established 
                pursuant to this section; and
                    ``(B) <<NOTE: Procedures. Criteria.>>  the 
                procedure, including the methods and means, and criteria 
                by which products, buildings, landscapes, facilities, 
                processes, and services may be certified to display the 
                WaterSense label;
            ``(2) enhance public awareness regarding the WaterSense 
        label through outreach and public education;
            ``(3) preserve the integrity of the WaterSense label by--
                    ``(A) <<NOTE: Criteria.>>  establishing and 
                maintaining feasible performance criteria so that 
                products, buildings, landscapes, facilities, processes, 
                and services certified to display the WaterSense label 
                perform as well or better than less water-efficient 
                counterparts;
                    ``(B) overseeing WaterSense certifications made by 
                third parties, which shall be independent third-party

[[Page 132 STAT. 3885]]

                product certification bodies accredited by an 
                accreditation entity domiciled in the United States;
                    ``(C) using testing protocols, from the appropriate, 
                applicable, and relevant consensus standards, for the 
                purpose of determining compliance with performance 
                criteria; and
                    ``(D) <<NOTE: Audits.>>  auditing the use of the 
                WaterSense label in the marketplace and preventing cases 
                of misuse;
            ``(4) <<NOTE: Time period. Review. Criteria.>>  not more 
        frequently than every 6 years after adoption or major revision 
        of any WaterSense performance criteria, review and, if 
        appropriate, revise the performance criteria to achieve 
        additional water savings;
            ``(5) in revising any WaterSense criteria--
                    ``(A) <<NOTE: Notice.>>  provide reasonable notice 
                to interested parties and the public of any changes, 
                including effective dates, and an explanation of the 
                changes;
                    ``(B) solicit comments from interested parties and 
                the public prior to any changes;
                    ``(C) as appropriate, respond to comments submitted 
                by interested parties and the public; and
                    ``(D) provide an appropriate transition time prior 
                to the applicable effective date of any changes, taking 
                into account the timing necessary for the manufacture, 
                marketing, training, and distribution of the specific 
                product, building, landscape, process, or service 
                category being addressed; and
            ``(6) <<NOTE: Deadline. Review. Criteria.>>  not later than 
        December 31, 2019, consider for review and revise, if necessary, 
        any WaterSense performance criteria adopted before January 1, 
        2012.

    ``(c) <<NOTE: Time period. Estimate. Public information.>>  
Transparency.--The Administrator of the Environmental Protection Agency 
shall, to the extent practicable and not less than annually, estimate 
and make available to the public the relative water and energy savings 
attributable to the use of WaterSense-labeled products, buildings, 
landscapes, facilities, processes, and services.

    ``(d) <<NOTE: Coordination.>>  Distinction of Authorities.--In 
setting or maintaining specifications and criteria for Energy Star 
pursuant to section 324A, and WaterSense under this section, the 
Secretary of Energy and the Administrator of the Environmental 
Protection Agency shall coordinate to prevent duplicative or conflicting 
requirements among the respective programs.

    ``(e) No Warranty.--A WaterSense label shall not create any express 
or implied warranty.
    ``(f) Methods for Establishing Performance Criteria.--In 
establishing performance criteria for products, buildings, landscapes, 
facilities, processes, or services pursuant to this section, the 
Administrator of the Environmental Protection Agency shall use technical 
specifications and testing protocols established by voluntary consensus 
standards organizations relevant to specific products, buildings, 
landscapes, facilities, processes, or services, as appropriate.
    ``(g) Definition of Feasible.--The term `feasible' means feasible 
with the use of the best technology, techniques, and other means that 
the Administrator of the Environmental Protection Agency finds, after 
examination for efficacy under field conditions and not solely under 
laboratory conditions, are available (taking cost into 
consideration).''.

[[Page 132 STAT. 3886]]

    (b) Table of Contents.--The table of contents for the Energy Policy 
and Conservation Act is amended by adding after the item relating to 
section 324A the following:

``Sec. 324B. WaterSense program.''.

SEC. 4307. PREDATORY AND OTHER WILD ANIMALS.

    Section 1 of the Act of March 2, 1931 (46 Stat. 1468, chapter 370; 7 
U.S.C. 8351) is amended--
            (1) in the second sentence, by striking ``The Secretary'' 
        and inserting the following:

    ``(b) Administration.--The Secretary'';
            (2) in the first sentence, by striking ``The Secretary'' and 
        inserting the following:

    ``(a) In General.--The Secretary''; and
            (3) by adding at the end the following:

    ``(c) <<NOTE: Permits.>>  Action by FWS.--The Director of the United 
States Fish and Wildlife Service shall use the most expeditious 
procedure practicable to process and administer permits for take of--
            ``(1) a depredating eagle under the Act of June 8, 1940 
        (commonly known as the `Bald Eagle Protection Act') (54 Stat. 
        250, chapter 278; 16 U.S.C. 668 et seq.), or sections 22.11 
        through 22.32of title 50, Code of Federal Regulations (or 
        successor regulations) (including depredation of livestock, 
        wildlife, and species protected under the Endangered Species Act 
        of 1973 (16 U.S.C. 1531 et seq.) or any other Federal management 
        program); or
            ``(2) a migratory bird included on the list under section 
        10.13 of title 50, Code of Federal Regulations (or successor 
        regulations) that is posing a conflict.''.
SEC. 4308. KLAMATH PROJECT WATER AND POWER.

    (a) Addressing Water Management and Power Costs for Irrigation.--The 
Klamath Basin Water Supply Enhancement Act of 2000 (Public Law 106-498; 
114 Stat. 2221) is amended--
            (1) by redesignating sections 4 through 6 as sections 5 
        through 7, respectively; and
            (2) by inserting after section 3 the following:
``SEC. 4. POWER AND WATER MANAGEMENT.

    ``(a) Definitions.--In this section:
            ``(1) Covered power use.--The term `covered power use' means 
        a use of power to develop or manage water from any source for 
        irrigation, wildlife purposes, or drainage on land that is--
                    ``(A) associated with the Klamath Project, including 
                land within a unit of the National Wildlife Refuge 
                System that receives water due to the operation of 
                Klamath Project facilities; or
                    ``(B) irrigated by the class of users covered by the 
                agreement dated April 30, 1956, between the California 
                Oregon Power Company and Klamath Basin Water Users 
                Protective Association and within the Off Project Area 
                (as defined in the Upper Basin Comprehensive Agreement 
                entered into on April 18, 2014), only if each applicable 
                owner and holder of a possessory interest of the land is 
                a party to that agreement (or a successor agreement that

[[Page 132 STAT. 3887]]

                the Secretary determines provides a comparable benefit 
                to the United States).
            ``(2) Klamath project.--
                    ``(A) In general.--The term `Klamath Project' means 
                the Bureau of Reclamation project in the States of 
                California and Oregon.
                    ``(B) Inclusions.--The term `Klamath Project' 
                includes any dam, canal, or other works or interests for 
                water diversion, storage, delivery, and drainage, flood 
                control, or any similar function that is part of the 
                project described in subparagraph (A).
            ``(3) Power cost benchmark.--The term `power cost benchmark' 
        means the average net delivered cost of power for irrigation and 
        drainage at Reclamation projects in the area surrounding the 
        Klamath Project that are similarly situated to the Klamath 
        Project, including Reclamation projects that--
                    ``(A) are located in the Pacific Northwest; and
                    ``(B) receive project-use power.

    ``(b) Water Activities and Drought Response.--
            ``(1) <<NOTE: Contracts.>>  In general.--Pursuant to the 
        reclamation laws and subject to appropriations and required 
        environmental reviews, the Secretary may carry out activities, 
        including entering into a contract or making financial 
        assistance available through cooperative agreements or other 
        methods--
                    ``(A) <<NOTE: Plan.>>  to plan, implement, and 
                administer programs to align water supplies and demand 
                for irrigation water users associated with the Klamath 
                Project, with a primary emphasis on programs developed 
                or endorsed by local entities comprised of 
                representatives of those water users;
                    ``(B) Expenditures under this paragraph shall not 
                exceed $10 million on an average annual basis.
            ``(2) 2018 drought response.--All disbursements made or to 
        be made based on actions approved by the Secretary under 
        Contract Numbers 18-WC-20-5322 and 18-WC-20-5323 are authorized.
            ``(3) Requirements.--The Secretary shall ensure that the 
        activities under this subsection--
                    ``(A) do not foster groundwater use that results in 
                groundwater level declines that, based on existing data 
                from the United States Geological Survey, are more than 
                appropriate in a critically dry year, taking into 
                consideration the long-term sustainability of aquifers;
                    ``(B) do not adversely affect compliance with 
                applicable laws protecting fishery resources in Upper 
                Klamath Lake and the Klamath River.
            ``(4) Conveyance of non-project water.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), any entity operating under a contract entered into 
                with the United States for the operation and maintenance 
                of any Klamath Project works or facility, and any entity 
                operating any works or facility not owned by the United 
                States that receives Klamath Project water, may use, 
                without any additional Federal contract, permit, or 
                other authorization, any Klamath Project works or 
                facility to convey non-Klamath Project water for any 
                authorized purpose of the Klamath Project.

[[Page 132 STAT. 3888]]

                    ``(B) Permits; measurement.--A use of water pursuant 
                to subparagraph (A) (including an addition or conveyance 
                of water) shall be subject to the requirements that--
                          ``(i) the applicable entity shall secure all 
                      permits required under State or local law; and
                          ``(ii) as applicable--
                                    ``(I) all water delivered into and 
                                taken out of a Klamath Project works or 
                                facility pursuant to that subparagraph 
                                shall be measured; and
                                    ``(II) any irrigation district 
                                conveying water shall ensure that only 
                                the land authorized to receive water 
                                under applicable State law shall 
                                receive, and put to beneficial use, the 
                                water, in accordance with the applicable 
                                State law and any associated terms and 
                                conditions.
                    ``(C) Limitation.--A use of non-Klamath Project 
                water under this paragraph shall not--
                          ``(i) adversely affect the delivery of water 
                      to any water user or land served by the Klamath 
                      Project; or
                          ``(ii) result in any additional cost to the 
                      United States.
            ``(4) Effect of subsection.--Nothing in this subsection 
        authorizes the Secretary--
                    ``(A) to develop or construct new facilities for the 
                Klamath Project without appropriate approval from 
                Congress under section 9 of the Reclamation Projects Act 
                of 1939 (43 U.S.C. 485h); or
                    ``(B) to carry out activities that have not 
                otherwise been authorized.

    ``(c) Reducing Power Costs.--
            ``(1) <<NOTE: Consultation. Reports.>>  In general.--Not 
        later than 180 days after the date of enactment of America's 
        Water Infrastructure Act of 2018, the Secretary, in consultation 
        with interested irrigation interests that are eligible for 
        covered power use and organizations representative of those 
        interests, shall submit to the Committee on Energy and Natural 
        Resources of the Senate and the Committee on Natural Resources 
        of the House of Representatives a report that--
                    ``(A) identifies the power cost benchmark; and
                    ``(B) <<NOTE: Recommenda- tions.>>  recommends 
                actions (other than direct payments to persons making 
                covered power uses or to other entities for the purposes 
                of subsidizing power rates) that, in the judgment of the 
                Secretary, are necessary and appropriate to ensure that 
                the net delivered power cost for covered power use is 
                equal to or less than the power cost benchmark, 
                including a description of--
                          ``(i) actions--
                                    ``(I) to immediately reduce power 
                                costs; and
                                    ``(II) to ensure that the net 
                                delivered power cost for covered power 
                                use is equal to, or less than, the power 
                                cost benchmark in the near term, while 
                                longer-term actions are being 
                                implemented;
                          ``(ii) actions that prioritize--
                                    ``(I) water and power conservation 
                                and efficiency measures that could 
                                assist in achieving the power cost 
                                benchmark;

[[Page 132 STAT. 3889]]

                                    ``(II) to the extent actions 
                                involving the development or acquisition 
                                of power generation are included, 
                                renewable energy technologies (including 
                                hydropower); and
                                    ``(III) regional economic 
                                development;
                          ``(iii) the potential costs and timeline for 
                      the actions recommended under this subparagraph;
                          ``(iv) provisions for modifying the actions 
                      and timeline to adapt to new information or 
                      circumstances; and
                          ``(v) a description of public input regarding 
                      the proposed actions, including--
                                    ``(I) input from water users that 
                                have covered power use; and
                                    ``(II) the degree to which those 
                                water users concur with the 
                                recommendations.''.

    (b) Effect.--None of the amendments made by this section--
            (1) modify any authority or obligation of the United States 
        with respect to any tribal trust or treaty obligation of the 
        United States;
            (2) create or determine any water right or affects any water 
        right or water right claim in existence on the date of enactment 
        of this Act; or
            (3) authorize the use of Federal funds for the physical 
        deconstruction of the Iron Gate, Copco 1, Copco 2, or John C. 
        Boyle Dam located on the Klamath River in the States of 
        California and Oregon.
SEC. 4309. <<NOTE: 43 USC 377b note.>>  CERTAIN BUREAU OF 
                          RECLAMATION DIKES.

    (a) In General.--Notwithstanding any other provision of law 
(including regulations), effective beginning on the date of enactment of 
this section, the Federal share of the operations and maintenance costs 
of a dike described in subsection (b) shall be 100 percent.
    (b) Description of Dikes.--A dike referred to in subsection (a) is a 
dike--
            (1) that is owned by the Bureau of Reclamation on the date 
        of enactment of this section;
            (2) the construction of which was completed not later than 
        December 31, 1945;
            (3) a corrective action study for which was completed not 
        later than December 31, 2015; and
            (4) the construction of which was authorized by the Act of 
        June 28, 1938 (52 Stat. 1215, chapter 795).
SEC. 4310. <<NOTE: Wyoming.>>  AUTHORITY TO MAKE ENTIRE ACTIVE 
                          CAPACITY OF FONTENELLE RESERVOIR 
                          AVAILABLE FOR USE.

    (a) <<NOTE: Cooperation.>>  In General.--The Secretary of the 
Interior (referred to in this section as the ``Secretary''), in 
cooperation with the State of Wyoming, may amend the Definite Plan 
Report for the Seedskadee Project authorized under the first section of 
the Act of April 11, 1956 (commonly known as the ``Colorado River 
Storage Project Act'') (43 U.S.C. 620), to provide for the study, 
design, planning, and construction activities that will enable the use 
of all active storage capacity (as may be defined or limited by legal, 
hydrologic, structural, engineering, economic, and environmental 
considerations) of Fontenelle Dam and Reservoir, including the placement 
of sufficient riprap on the upstream face of Fontenelle Dam to allow the 
active storage capacity of Fontenelle Reservoir

[[Page 132 STAT. 3890]]

to be used for those purposes for which the Seedskadee Project was 
authorized.

    (b) Cooperative Agreements.--
            (1) In general.--The Secretary may enter into any contract, 
        grant, cooperative agreement, or other agreement that is 
        necessary to carry out subsection (a).
            (2) State of wyoming.--
                    (A) In general.--The Secretary shall enter into a 
                cooperative agreement with the State of Wyoming to work 
                in cooperation and collaboratively with the State of 
                Wyoming for planning, design, related preconstruction 
                activities, and construction of any modification of the 
                Fontenelle Dam under subsection (a).
                    (B) Requirements.--The cooperative agreement under 
                subparagraph (A) shall, at a minimum, specify the 
                responsibilities of the Secretary and the State of 
                Wyoming with respect to--
                          (i) completing the planning and final design 
                      of the modification of the Fontenelle Dam under 
                      subsection (a);
                          (ii) any environmental and cultural resource 
                      compliance activities required for the 
                      modification of the Fontenelle Dam under 
                      subsection (a) including compliance with--
                                    (I) the National Environmental 
                                Policy Act of 1969 (42 U.S.C. 4321 et 
                                seq.);
                                    (II) the Endangered Species Act of 
                                1973 (16 U.S.C. 1531 et seq.); and
                                    (III) subdivision 2 of division A of 
                                subtitle III of title 54, United States 
                                Code; and
                          (iii) the construction of the modification of 
                      the Fontenelle Dam under subsection (a).

    (c) Funding by State of Wyoming.--Pursuant to the Act of March 4, 
1921 (41 Stat. 1404, chapter 161; 43 U.S.C. 395), and as a condition of 
providing any additional storage under subsection (a), the State of 
Wyoming shall provide to the Secretary funds for any work carried out 
under subsection (a).
    (d) Other Contracting Authority.--
            (1) In general.--The Secretary may enter into contracts with 
        the State of Wyoming, on such terms and conditions as the 
        Secretary and the State of Wyoming may agree, for division of 
        any additional active capacity made available under subsection 
        (a).
            (2) Terms and conditions.--Unless otherwise agreed to by the 
        Secretary and the State of Wyoming, a contract entered into 
        under paragraph (1) shall be subject to the terms and conditions 
        of Bureau of Reclamation Contract No. 14-06-400-2474 and Bureau 
        of Reclamation Contract No. 14-06-400-6193.

    (e) Savings Provisions.--Unless expressly provided in this section, 
nothing in this section modifies, conflicts with, preempts, or otherwise 
affects--
            (1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
            (2) the Colorado River Compact of 1922, as approved by the 
        Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
            (3) the Boulder Canyon Project Adjustment Act (43 U.S.C. 618 
        et seq.);

[[Page 132 STAT. 3891]]

            (4) the Treaty between the United States of America and 
        Mexico relating to the utilization of waters of the Colorado and 
        Tijuana Rivers and of the Rio Grande, and supplementary protocol 
        signed November 14, 1944, signed at Washington February 3, 1944 
        (59 Stat. 1219);
            (5) the Upper Colorado River Basin Compact as consented to 
        by the Act of April 6, 1949 (63 Stat. 31);
            (6) the Act of April 11, 1956 (commonly known as the 
        ``Colorado River Storage Project Act'') (43 U.S.C. 620 et seq.);
            (7) the Colorado River Basin Project Act (Public Law 90-537; 
        82 Stat. 885); or
            (8) any State of Wyoming or other State water law.
SEC. 4311. BLACKFEET WATER RIGHTS SETTLEMENT.

    (a) Blackfeet Settlement Trust Fund.--Section 3716(e) of the Water 
Infrastructure Improvements for the Nation Act (130 Stat. 1835) is 
amended--
            (1) in paragraph (2), by striking ``appropriations,'' and 
        all that follows through the period at the end and inserting the 
        following: ``appropriations, the following amounts shall be made 
        available to the Tribe for implementation of this subtitle:
                    ``(A) 50 percent of the amounts in the 
                Administration and Energy Account.
                    ``(B) 50 percent of the amounts in the OM&R Account.
                    ``(C) 50 percent of the amounts in the St. Mary 
                Account.
                    ``(D) 50 percent of the amounts in the Blackfeet 
                Water, Storage, and Development Projects Account.''; and
            (2) by adding at the end the following:
            ``(3) Availability.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), none of the funds deposited in the 
                Trust Fund in fiscal year 2018 shall be available for 
                expenditure in accordance with this subsection until the 
                enforceability date.
                    ``(B) Exception.--Notwithstanding subparagraph (A), 
                of the funds in the Administration and Energy Account, 
                $4,800,000 shall be available to the Tribe for the 
                implementation of this subtitle.''.

    (b) Blackfeet Water Settlement Implementation Fund.--Section 3717(e) 
of the Water Infrastructure Improvements for the Nation Act (130 Stat. 
1837) is amended--
            (1) by striking ``Amounts in'' and inserting the following:
            ``(1) In general.--Amounts in''; and
            (2) by adding at the end the following:
            ``(2) Funding for implementation activities.--
        Notwithstanding paragraph (1), the following amounts shall be 
        available to the Secretary for the implementation of this 
        subtitle:
                    ``(A) 50 percent of the amounts in the MR&I System, 
                Irrigation, and Water Storage Account to carry out 
                section 3711.
                    ``(B) 50 percent of the amounts in the MR&I System, 
                Irrigation, and Water Storage Account to carry out 
                section 3712.
                    ``(C) 50 percent of the amounts in the Blackfeet 
                Irrigation Project Deferred Maintenance and Four Horns 
                Dam Safety Improvements Account to carry out section 
                3710(c).

[[Page 132 STAT. 3892]]

                    ``(D) The amounts in the Blackfeet Irrigation 
                Project Deferred Maintenance and Four Horns Dam Safety 
                Improvements Account to carry out section 3710(d).
                    ``(E) From the St. Mary/Water Milk Management and 
                Activities Account:
                          ``(i) 50 percent of the amount described in 
                      section 3707(g)(1) to carry out section 3707(c).
                          ``(ii) 50 percent of the amount described in 
                      section 3707(g)(2) to carry out section 3707(d).
                          ``(iii) The amount described in section 
                      3707(g)(3) to carry out subsection (f).
                          ``(iv) The amounts in the Account to carry out 
                      section 3705.
            ``(3) Availability.--None of the funds made available under 
        this section in fiscal year 2018 shall be available until the 
        enforceability date.''.

    (c) Technical Corrections.--Section 3720 of the Water Infrastructure 
Improvements for the Nation Act (130 Stat. 1839) is amended--
            (1) in subsection (a)(3)(B), by striking ``section 3706'' 
        and inserting ``section 6''; and
            (2) in subsection (h), in the matter preceding paragraph 
        (1), by striking ``January 21, 2026'' and inserting ``January 
        21, 2025''.
SEC. 4312. INDIAN IRRIGATION FUND REAUTHORIZATION.

    (a) Deposits to Funds.--Section 3212(a) of the Water Infrastructure 
Improvements for the Nation Act (130 Stat. 1750) is amended by striking 
``each of fiscal years 2017 through 2021'' and inserting ``each of 
fiscal years 2017 through 2028''.
    (b) Expenditures From Fund.--Section 3213(a) of the Water 
Infrastructure Improvements for the Nation Act (130 Stat. 1750) is 
amended in the matter preceding paragraph (1) by striking ``each of 
fiscal years 2017 through 2021'' and inserting ``each of fiscal years 
2017 through 2028''.
    (c) Termination.--Section 3216 of the Water Infrastructure 
Improvements for the Nation Act (130 Stat. 1750) is amended in the 
matter preceding paragraph (1) by striking ``September 30, 2021'' and 
inserting ``September 30, 2028''.
SEC. 4313. REAUTHORIZATION OF REPAIR, REPLACEMENT, AND MAINTENANCE 
                          OF CERTAIN INDIAN IRRIGATION PROJECTS.

    (a) In General.--Section 3221(b) of the Water Infrastructure 
Improvements for the Nation Act (130 Stat. 1751) is amended in the 
matter preceding paragraph (1) by striking ``each of fiscal years 2017 
through 2021'' and inserting ``each of fiscal years 2017 through 2028''.
    (b) Status Report on Certain Projects.--Section 3224(d) of the Water 
Infrastructure Improvements for the Nation Act (130 Stat. 1753) is 
amended in the matter preceding paragraph (1) by striking ``fiscal year 
2021'' and inserting ``fiscal year 2028''.
    (c) Allocation Among Projects.--Section 3226 of the Water 
Infrastructure Improvements for the Nation Act (130 Stat. 1753) is 
amended--
            (1) in subsection (a), by striking ``each of fiscal years 
        2017 through 2021'' and inserting ``each of fiscal years 2017 
        through 2028''; and

[[Page 132 STAT. 3893]]

            (2) in subsection (b), by striking ``the day before the date 
        of enactment of this Act'' and inserting ``the day before the 
        date of enactment of America's Water Infrastructure Act of 
        2018''.
SEC. 4314. INDIAN DAM SAFETY REAUTHORIZATION.

    Section 3101 of the Water Infrastructure Improvements for the Nation 
Act (25 U.S.C. 3805) is amended--
            (1) by striking ``each of fiscal years 2017 through 2023'' 
        each place it appears and inserting ``each of fiscal years 2017 
        through 2030'';
            (2) in subsection (b)--
                    (A) in paragraph (1)(F), in the matter preceding 
                clause (i), by striking ``September 30, 2023'' and 
                inserting ``September 30, 2030''; and
                    (B) in paragraph (2)(F), in the matter preceding 
                clause (i), by striking ``September 30, 2023'' and 
                inserting ``September 30, 2030''; and
            (3) in subsection (f)--
                    (A) in paragraph (2), by striking ``4 years'' and 
                inserting ``11 years''; and
                    (B) in paragraph (3), by striking ``each of fiscal 
                years 2017, 2018, and 2019'' and inserting ``each of 
                fiscal years 2017 through 2026''.
SEC. 4315. <<NOTE: Minnesota.>>  DIANA E. MURPHY UNITED STATES 
                          COURTHOUSE.

    (a) Designation.--The United States courthouse located at 300 South 
Fourth Street in Minneapolis, Minnesota, shall be known and designated 
as the ``Diana E. Murphy United States Courthouse''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the United States 
courthouse referred to in subsection (a) shall be deemed to be a 
reference to the ``Diana E. Murphy United States Courthouse''.

    Approved October 23, 2018.

LEGISLATIVE HISTORY--S. 3021:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 164 (2018):
            Sept. 4, considered and passed Senate.
            Sept. 13, considered and passed House, amended.
            Oct. 5, 9, 10, Senate considered and concurred in House 
                amendments.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
            Oct. 23, Presidential remarks.

                                  <all>