Report text available as:

(PDF provides a complete and accurate display of this text.) Tip?


                                                      Calendar No. 523
114th Congress    }                                     {       Report
                                 SENATE
 2d Session       }                                     {      114-283

======================================================================
 
                WATER RESOURCES DEVELOPMENT ACT OF 2016

                                _______
                                

                 June 20, 2016.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 2848]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 2848) to provide for the conservation and 
development of water and related resources, to authorize the 
Secretary of the Army to construct various projects for 
improvements to rivers and harbors of the United States and for 
other purposes, having considered the same, reports favorably 
thereon with amendments and recommends that the bill, as 
amended, do pass.

                    General Statement and Background

    The Water Resources Development Act of 2016 (WRDA 2016), 
addresses both the civil works program of the Army Corps of 
Engineers and the Safe Drinking Water Act and Clean Water Act 
programs implemented by the Environmental Protection Agency, as 
well as certain innovative technology and regional restoration 
programs.

Corps of Engineers Civil Works Program

    The Secretary of the Army, acting through the Army Corps of 
Engineers (``Corps'') implements the Corps' civil works 
program, which is the nations' largest water resources program. 
The Corps' civil works responsibilities include navigation, 
flood control, shoreline protection, hydropower, dam safety, 
water supply, recreation, environmental restoration and 
protection, and disaster response recovery.
    Over all, Corps projects help to generate $109.83 billion 
in net annual economic benefits and generate $34.16 billion in 
revenue to the U.S. Treasury.
    The Corps operates and/or maintains 13,000 miles of 
commercial deep draft ship channels and 12,000 miles of 
commercial inland waterways, which serve 41 states and 
transports much of the cargo moved by waterways.
    Approximately $1.4 trillion worth of goods move each year 
through our ports, from and to every corner of America and the 
world. $200 billion in federal, state, and local tax revenue is 
generated by our ports every year. Expansion of the Panama 
Canal is 98% complete, allowing more and larger ships to call 
on America's ports. By 2030, post-Panamax vessels will account 
for 62% of the global container fleet. According to the Corps' 
Institute for Water Resources, imports and exports are expected 
to grow more than fourfold and sevenfold, respectively, over 
the next 30 years. Our infrastructure must be ready for this 
expected growth in order for the U.S. to remain globally 
competitive.
    Nationwide, the benefits-to-cost ratio for flood protection 
projects is 7.95-to-1. Average annual flood damage prevented 
through the Corps mission is estimated at $47.7 billion 
(between FY 2005-2014).
    Corps reservoirs are authorized to hold 9.8 million acre 
feet of municipal and industrial water supply and produce 25% 
of the nation's hydropower (3% of total U.S. electric 
capacity).
    In a February 10, 2016 hearing on ``The Importance of 
Enacting a Water Resources Development Act,'' the Committee 
heard from users of water resources infrastructure about the 
need to improve and maintain that infrastructure, and the need 
for innovative ways to let project sponsors help keep that 
infrastructure operational. The Committee also heard about the 
tremendous economic benefits the nation derives from water 
resources infrastructure, as well as the jobs created and 
economic benefits derived when the federal government invests 
in water resources infrastructure.
    In a March 16, 2016, hearing on ``The Water Resources 
Development Act--Policies and Projects,'' the Committee heard 
from the Assistant Secretary of the Army and the Chief of 
Engineers regarding the projects submitted to Congress.

Implementing the reforms of Water Resources Reform and Development Act 
        of 2014

    The most recent WRDA bill was the Water Resources Reform 
and Development Act of 2014 (WRRDA 2014), enacted as P.L. 113-
121 in June 2014.
    One of the reforms enacted in WRRDA 2014 is a new process 
for initiating the authorization of water resources development 
projects, project modifications, and studies. Under Section 
7001 of that legislation, Congress called for the Secretary of 
the Army to submit an annual report to the congressional 
authorizing committees of potential and publicly submitted 
study and project authorizations and revisions for Congress to 
consider for authorization. WRRDA 2014 further required the 
Corps to include in the annual report an identification of 
those study and project authorizations and revisions that are 
related to the mission of the Corps of Engineers and require 
Congressional authorization. The first annual report was 
delivered to Congress in February 2015. The second annual 
report was delivered in February 2016. Implementing this new 
process, WRDA 2016 authorizes 26 new studies and modifications 
approved by the Secretary for submission to Congress under 
section 7001 of WRRDA 2014, as well as 27 new projects and 4 
project modifications recommended in reports of the Chief of 
Engineers and Director of Civil Works.
    WRRDA 2014 also included important reforms to increase 
flexibility for non-Federal sponsors of Corps projects and 
accelerate project delivery. Not all of those reforms have been 
implemented. In particular, the Corps has not yet issued 
implementation guidance relating to acceleration of project 
delivery, expediting the approval of modifications and 
alterations of Corps projects, vegetation management, levee 
certifications, and levee safety. WRRDA 2014 also included 
significant changes to the Harbor Maintenance Trust Fund which 
are also awaiting implementation guidance. The Committee also 
is concerned about the Corps' failure to reach out to 
interested stakeholders regarding implementation guidance. For 
example, the Committee expects the Corps to reach out to levee 
districts when developing guidance related to levee systems, 
such as vegetation management.
    As described below, WRDA 2016 builds on the reforms of 
WRRDA 2014 and, through authorities under the Corps of 
Engineers civil works program, addresses the projects and 
policies necessary to meet our nation's navigation, flood 
control, ecosystem restoration, and water supply needs.
    Given the importance of Corps' programs and projects, the 
Committee places a high priority on enactment of a Water 
Resources Development Act (WRDA) every two years. The biennial 
WRDA authorization is also important to the non-federal 
stakeholders who rely on the predictability of WRDA for the 
timely authorization of Chief's Reports, and needed project 
modifications. S. 2848 meets that objective.

EPA Safe Drinking Water Act and Clean Water Act programs

    The Federal Water Pollution Control Act (Clean Water Act or 
CWA), first enacted in 1948 and significantly amended in 1972 
to take its current form, establishes a framework for 
protecting water quality based on a comprehensive State-Federal 
program to control the discharges of pollutants into waterways 
and to provide Federal financial assistance to improve water 
quality and comply with the requirements of the Act.
    Our nation's wastewater infrastructure includes 16,000 
publicly owned wastewater treatment plants, 100,000 major 
pumping stations, 600,000 miles of sanitary sewers, and 200,000 
miles of storm sewers. Initial efforts under the CWA focused on 
bringing all communities into compliance with secondary 
treatment standards for the discharge of sewage. This effort 
was supported by federal grants totaling over $60 billion 
between 1973 and 1987.
    The 1987 amendments to the CWA shifted federal assistance 
away from grants and created state revolving loan funds. Under 
these amendments, each state receives a grant each year from 
Congress to capitalize its own state revolving fund. The states 
then use these funds to make low interest loans to communities 
to help with CWA compliance. States also may use a portion of 
the funding to provide additional subsidies for disadvantaged 
communities (as determined by the State).
    Through Fiscal Year 2016, Congress has provided $40.4 
billion in capitalization grants for the state SRFs, including 
$1.394 billion in FY 2016. States provide an additional 20% in 
matching funds.
    The Safe Drinking Water Act (SDWA), first enacted in 1974, 
authorizes EPA to establish maximum contaminant levels for 
drinking water to protect public health. SDWA standards apply 
to community water systems that have at least 15 service 
connections or serve at least 25 people per day for 60 days of 
the year.
    To help communities meet the health based requirements of 
the SDWA, in 1996, that statute was amended to add a state 
revolving loan fund program, the Drinking Water SRFs. Like the 
Clean Water SRFs, the Drinking Water SRFs provide low interest 
loans to community water systems. States also may use a portion 
of the funding to provide additional subsidies for 
disadvantaged communities (as determined by the State).
    Through Fiscal Year 2016, Congress has provided $19.86 
billion in capitalization grants for the state SRFs, including 
$863 million in FY 2016. States provide an additional 20% in 
matching funds.
    In its ``needs surveys,'' EPA has identified $384 billion 
in drinking water needs and $271 billion in wastewater needs 
over the next 20 years based on capital improvement plans 
developed by local utilities.
    For sewer infrastructure, the needs are especially urgent 
for many areas trying to remedy the problem of combined sewer 
overflows (CSOs) and sanitary sewer overflows (SSOs), often 
associated with systems with insufficient capacity to address 
wet weather conditions, and for communities lacking sufficient 
independent financing ability.
    In an April 7, 2016 on ``The Federal Role in Keeping Water 
and Wastewater Infrastructure Affordable,'' the Committee heard 
that our nation's ability to provide clean water and safe 
drinking water is being challenged, as our existing national 
wastewater infrastructure is aging, deteriorating, and in need 
of repair, replacement, and upgrading.
    The Committee also heard suggestions for improving EPA's 
approach to evaluating the affordability of infrastructure 
improvements.
    Witnesses recommended financial support through grants and 
the state revolving loan funds, a different approach to 
determining the affordability of infrastructure investments, 
and the use of integrated planning and green infrastructure to 
help make infrastructure more affordable. Witnesses also 
recommended that federal grant assistance be targeted to those 
most in need. Finally, witnesses expressed support for 
innovative financing, like the Water Infrastructure Finance and 
Innovations Act (WIFIA), enacted as part of WRRDA 2014. WIFIA 
allows EPA to make secured loans for drinking water and 
wastewater infrastructure, desalination, water recycling, and 
aquifer recharge and allows the Corps of Engineers to make 
secured loans for flood control, navigation, and ecosystem 
restoration.
    Investments in water infrastructure are essential for 
protecting public health and the environment. However, these 
investments also have economic benefits. In addition to 
recommendations for making infrastructure improvements 
affordable, the Committee received the results of a study 
carried out by the Water Environment Federation (WEF) and the 
WaterReuse Association regarding the economic benefits of 
investing in water and sewer infrastructure through the state 
revolving loan funds. This study used the IMPLAN model, which 
was originally developed by the U.S. Forest Service in 1972 and 
is used by thousands of federal, state, and local government 
agencies to help make informed decisions and assess the 
potential impacts of policy and tax decisions on the economy. 
According to the WEF/WaterReuse Association study, the IMPLAN 
captures the effect of spending as it ripples through the 
economy:
    For example, utility spending of SRF funds results in 
direct spending on construction contractors (direct effect). 
The construction contractors then spend this money on goods and 
services that they need to operate their businesses (indirect 
effect). Direct and indirect spending generate employment, 
creating additional income for households that generates even 
more spending (the induced effect). The total economic impact 
is the sum of direct, indirect, and induced effects. This 
generates federal, state, and local tax revenues.
    Assuming $34.7 billion in combined Clean Water and Safe 
Drinking Water SRF federal investments between 2017 and 2021, 
the IMPLAN model estimates that this level of investment will 
generate $7.43 billion in federal tax revenues. ``Thus, for 
every federal dollar of federal SRF spending, 21.4% is returned 
to the federal government in the form of taxes.''
    The federal investment is only 23% of total SRF spending, 
which includes state matching funds and program loan 
repayments. Thus, $34.7 billion in federal capitalization 
grants would leverage an additional $116.2 billion in state 
spending ($151 billion total). The IMPLAN model shows that this 
overall investment, made possible by the initial federal 
investment, would result in $32.3 billion in federal tax 
revenue. ``Thus, when leveraged state program funds are taken 
into account, every dollar of federal SRF spending results in 
$0.93 in federal tax revenue.''
    The WEF/WaterReuse Association study also evaluated 
increased employment and labor income, and economic output 
resulting from federal investments in the SRFs. They concluded 
the following:
     On average, 16.5 jobs are generated for every 
million dollars in SRF spending. The proposed $34.7 billion 
federal allocation will result in 506,000 jobs.
     SRF spending generates high-paying jobs each job 
is estimated to bring about $60,000 in labor income.
     Every million dollars of SRF spending results in 
$2.95 million in output for the U.S. economy. Thus, the 
proposed $34.7 billion federal allocation will generate $102.7 
billion in total economic output.
    This study and others demonstrate that investments in 
drinking water and wastewater infrastructure are not only 
beneficial to public health and the environment, they have 
significant economic benefits.
    As described below, WRDA 2016 includes authorities and 
programs to support drinking water and wastewater 
infrastructure and to make investments in that infrastructure 
more affordable. The legislation also includes a measure to 
address lead in drinking water.

Water supply and innovative technology

    Many states, particularly in the west, have experienced a 
prolonged drought. That has led to calls for ways to increase 
available supplies of water. In an April 20, 2016, hearing on 
``New Approaches and Innovative Technologies to Improve Water 
Supply'' the Committee heard from witnesses about the benefits 
of innovative technologies, including desalination and water 
reuse and recycling, as well as the authorities of the Corps of 
Engineers to assist with water supply needs.
    As described below, WRDA 2016 supports the use of 
innovative technologies, increasing water supplies, and 
addressing drought.

                     Objectives of the Legislation

    The objectives of S. 2848 are to meet the nation's needs 
for navigation, flood control, ecosystem restoration, drinking 
water, and clean water infrastructure, while also expanding 
drinking water supplies through innovative technologies and 
drought preparedness.

                      Section-by-Section Analysis


Section 1. Short title; Table of contents

    Section 1 states that the Act may be cited as the ``Water 
Resources Development Act of 2016'' and includes a Table of 
Contents.

Sec. 2. Definition of Secretary

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

Sec. 3. Limitations

    Section 3 makes it clear that the Act does not supersede 
written agreements with the Federal government; supersede or 
modify any multistate water control plan; affect water rights; 
preempt or affect State water law or interstate compacts 
governing water; or affect any other authority of a State to 
manage water resources within the State.

                        TITLE I--PROGRAM REFORMS


Sec. 1001. Study of water resources development projects by non-federal 
        interests

    Section 1001 authorizes the Secretary to provide technical 
assistance to a non-federal sponsor that is developing its own 
feasibility study under section 203 of WRDA 1986.

Sec. 1002. Advanced funds for water resources development studies and 
        projects

    Section 1002 expands the existing authority of the 
Secretary to accept funds from states and local governments to 
carry out water resources projects to apply to all projects 
(not just flood control) and expands the definition of state to 
include territories and Indian Tribes.

Sec. 1003. Authority to accept and use materials and services

    Section 1003 amends the section 1024 authority of the 
Secretary in WRRDA 2014 to accept and use materials and 
services donated by non-federal interests to include funds and 
to allow the donated funds, materials and services to address 
any risks to the functioning of the project, not just 
emergencies.

Sec. 1004. Partnerships with non-federal entities to protect the 
        federal investment

    Section 1004 authorizes the Secretary to establish 
partnerships with non-federal interests to allow the non-
federal interests to help address the backlog of maintenance at 
Corps projects by maintaining the projects at their own 
expense.

Sec. 1005. Non-federal study and construction of projects

    Section 1005 authorizes the Secretary to accept non-federal 
funds to help non-federal sponsors that are developing their 
own feasibility study under section 203 of WRDA 1986 or 
carrying out the construction of an authorized federal water 
resources project under section 204 of WRDA 1985 with related 
environmental reviews and other federal requirements. Such 
funds would be eligible for credit or reimbursement.

Sec. 1006. Munitions disposal

    Section 1006 clarifies the Corps of Engineers' authority to 
dispose of munitions that may be found washed up on beaches in 
the area where the Corps of Engineers is carrying out a water 
resources project by allowing the Corps to proceed using its 
own funding and seek reimbursement from responsible Department 
of Defense elements.

Sec. 1007. Challenge cost-sharing program for management of recreation 
        facilities

    Section 1007 authorizes the Secretary to allow service 
providers to operate Corps recreation facilities and collect 
and keep user fees for that purpose, allowing parks closed due 
to budget cuts to reopen.

Sec. 1008. Structures and facilities constructed by the secretary

    Section 14 of the Rivers and Harbors Act of 1899, codified 
at 33 U.S.C. 408, prohibits certain activities that take 
possession of, use, damage, or ``in any manner whatever impair 
the usefulness of'' certain features at a Corps of Engineers 
project. The statute references ``any sea wall, bulkhead, 
jetty, dike, levee, wharf, pier, or other work built by the 
United States'' and certain other objects serving particular 
functions. Under the Corps' implementation of the statute, non-
federal entities seeking to alter, use, or cross a federal 
water resources project must obtain permission from the 
Secretary (known as a section 408 permit). Section 1007 of 
WRRDA 2014 requires the Secretary to establish benchmark goals 
for completing section 408 permits in a timely fashion. This is 
another section of WRRDA 2014 that the Corps has not yet 
implemented.
    Until recently, the District Engineer could approve 
alterations to local flood control projects under 33 C.F.R. 
208.10. In July 2014, the Corps issued Engineering Circular No. 
1165-2-216, which purports to supersede the regulation 
promulgated at 33 C.F.R. 208.10, and require all alterations of 
Corps projects to receive a 408 permit. The Committee has heard 
concerns from stakeholders about the new process.
    Under section 1008 of WRDA 2016 if section 408 applies to a 
proposal to alter a local flood control works a decision may be 
made at the District level. If a review under the National 
Environmental Policy Act of 1969 (NEPA) is required and the 
Corps is not the lead agency for the review, this section 
requires the Corps, to the maximum extent practicable, to 
conduct its review concurrently, as a cooperating agency, using 
the same environmental documents.
    The Committee also notes that the Corps has many 
authorities that protect Corps projects. The Committee directs 
the Corps to ensure coordination of these authorities, 
including section 10 of the Rivers and Harbors Act of 1899, 
with any review under section 408.
    The Committee is aware of concerns that the Corps in some 
instances does not allow the use of electronic signatures for 
408 permits even though federal law recognizes the validity of 
electronic signatures and in 1998 Congress passed legislation, 
the Government Paperwork Elimination Act (44 U.S.C. 3504 note; 
P.L. 105-277) to encourage agencies to use electronic 
signatures. The Committee directs the Secretary to provide an 
explanation to the Committee why electronic signatures are not 
being used by all Corps Districts, consistent with the 
Government Paperwork Elimination Act.

Sec. 1009. Project completion

    Section 1009 raises the authorization ceiling for projects 
authorized under Section 219 of WRDA 1992 that are already 
under construction and need an increased authorization to allow 
completion of the project.

Sec. 1010. Contributed funds

    Section 1010 amends the authority of the Secretary under 33 
U.S.C. 701h to accept funds from non-Federal interests to allow 
the Secretary to accept non-Federal funds whether or not 
Federal funds have been appropriated for a project. This 
section also streamlines the approval process for acceptance of 
funds by replacing Congressional pre-notification with 
notification in an annual report.

Sec. 1011. Application of certain benefits and costs included in final 
        feasibility studies

    Section 1011 requires the Corps to use the economic 
analyses conducted under section 6009 of the 2005 Emergency 
Supplemental Appropriations Act (Public Law 109-13), which 
directed the Corps to include the value of energy exploration 
and production and transportation cost savings resulting from 
larger navigation channels in their analysis of project 
benefits.

Sec. 1012. Leveraging federal infrastructure for increased water supply

    The Committee heard concerns about the need to increase 
available supplies of water and the potential to use existing 
water resources infrastructure to increase water supplies. To 
facilitate consideration of such use, section 1012 directs the 
Secretary to review proposals to increase water supplies by 
increasing storage capacity, modifying project management, or 
accessing water that has been released. The non-Federal 
interest can contribute funds to the Corps to defray the costs 
of review of a proposal. Proposals can only be approved under 
existing Corps authorities (no new authority is created). This 
section does not supersede any requirements of current law, 
including public participation requirements under WRDA 1988 and 
WRDA 1990. The Committee notes that under current law separate 
Congressional approval is required if a project would seriously 
affect project purposes or involve major structural or 
operational changes. This section does not authorize the 
Secretary to approve such projects.
    If a proposal is approved under the existing authorities 
listed in subsection (c), 100 percent of the cost of 
implementation is borne by the non-Federal interest. Future 
operation and maintenance paid the non-Federal interest is only 
the separable cost attributable to the alternation. The 
provision does not apply to the Upper Missouri River reservoirs 
or reservoirs in the Apalachicola-Chattahoochee-Flint river 
system and the Alabama-Coosa-Tallapoosa river system.
    This section applies only to proposals to increase 
available water supplies. Proposals to reallocate existing 
supplies of water are not eligible for consideration under this 
section so no existing project sponsors or beneficiaries would 
be affected. Further, as provided in section 3 of this Act, 
this authority does not supersede written agreements with the 
Federal government; supersede or modify any multistate water 
control plan; affect water rights; preempt or affect State 
water law or interstate compacts governing water; or affect any 
other authority of a State to manage water resources within the 
State.

Sec. 1013. New England District Headquarters

    The Corps of Engineers has funding available to upgrade its 
facilities. However, to use those funds, it needs Congressional 
authorization. Section 1013 authorizes use of the Plant 
Replacement Improvement Program Revolving Fund to construct a 
new headquarters for the New England District.

Sec. 1014. Buffalo District Headquarters

    The Corps of Engineers has funding available to upgrade its 
facilities. However, to use those funds, it needs Congressional 
authorization. Section 1014 authorizes use of the Plant 
Replacement Improvement Program Revolving Fund (these are 
existing funds) to construct a new headquarters for the Buffalo 
District.

Sec. 1015. Completion of ecosystem restoration projects

    The Committee heard concerns from non-Federal sponsors 
about the requirement to maintain ecosystem restoration 
projects in perpetuity. As with compensatory mitigation 
projects under the Clean Water Act, the Committee believes that 
ecosystem restoration can be completed, alleviating the need 
for perpetual maintenance. Section 1015 establishes a process 
for determining when an ecosystem restoration project is 
complete by amending the requirement for monitoring ecosystem 
restoration projects in section 2039 of WRDA 2007 to develop 
ecological success criteria and to allow operation and 
maintenance of the project to be concluded 10 years after the 
ecological success criteria are met.

Sec. 1016. Credit for donated goods

    The Committee heard concern that the Corps is refusing to 
credit towards a non-Federal share of project costs the value 
of lands or other materials if the non-Federal sponsor received 
the lands or materials as donations. This section requires the 
Corps to use the value of in-kind contributions, rather than 
the cost incurred by the non-Federal sponsor, when calculating 
the amount of credit a non-Federal interest will receive for 
in-kind contributions.

Sec. 1017. Structural health monitoring

    Section 1017 directs the Secretary to develop a structural 
health monitoring program to assess and improve the condition 
of water resources infrastructure. The Committee expects the 
Secretary to consult with academic and other experts and use 
models and research to carry out this section.

Sec. 1018. Fish and wildlife mitigation

    Section 1018 amends section 906 of WRDA 1996 to include 
habitat connectivity as a component of voluntary programmatic 
mitigation plans authorized under that section. Nothing in this 
section requires consideration of habitat connectivity when 
developing mitigation plans under any other section of law. In 
adding habitat connectivity to these voluntary plans, the 
Committee does not intend to the Secretary to require any 
retrofitting or modification of existing projects.
    Under current law a voluntary programmatic mitigation plan 
may include standard measures for mitigating impacts. This 
section amends that provision of law to include habitat 
connectivity. To assist in the development of voluntary 
programmatic mitigation plans that include habitat 
connectivity, the Committee directs the Secretary to convene a 
workshop that is open to all interested members of the public 
as well as representatives of the U.S. Fish and Wildlife 
Service, States, including State fish and game departments, and 
interested local governments. This workshop should be used to 
obtain input on metrics that reflect the best available 
scientific information for evaluating habitat connectivity and 
incorporating such measures in voluntary programmatic 
mitigation plans.
    Section 1018 also authorizes the use of preconstruction 
engineering and design funds for fish and wildlife mitigation.

Sec. 1019. Non-Federal interests

    Section 1019 amends section 221 of the Flood Control Act of 
1970 to allow Alaska Native villages and regional and village 
corporations to be non-Federal sponsors of Corps projects.

Sec. 1020. Discrete segment

    Section 204 of WRDA 1986 allows non-Federal interests to 
construct Corps projects and seek credit for or reimbursement 
of the funds they expend if they meet the requirements of 
section 204(d) (which include a determination of feasibility 
and compliance with all Federal laws and regulations, approval 
of the construction plans, and a written partnership agreement 
under section 221 of the Flood Control Act of 1970). Section 
211 of WRDA 1996 provides similar authority for flood control 
projects only. Section 204 authorizes credit or reimbursement 
for ``a projects or separable element.'' Section 211 authorizes 
credit or reimbursement for ``work.'' Under Policy Guidance 
Letter No. 53--Implementation of Section 211 of the Water 
Resources Development Act of 1996, dated December 9, 1997, the 
Corps interprets the term ``work'' to mean a discrete segment 
of a project for the purpose of credit or reimbursement. 
Section 1020 amends section 204 of WRDA 1986 to make the credit 
and reimbursement authority under that section consistent with 
section 211 of WRDA 1996 by authorizing credit or reimbursement 
for discrete segments, as defined in Policy Guidance Letter No. 
53.

Sec. 1021. Funding to process permits

    Section 1021 amends section 214 of WRDA 2000 to allow rail 
carriers to provide funding to the Corps to defray costs of 
reviewing permits under jurisdiction of the Department of the 
Army.

Sec. 1022. International outreach program

    Section 1022 amends 401 of WRDA 1992 to authorize the 
Secretary to facilitate transfer of technology from other 
countries that could improve water resources development in the 
United States.

Sec. 1023. Wetlands mitigation

    Section 1023 amends section 2036 of WRDA 2007 to require 
the Secretary to issue guidance regarding credits available 
from mitigation banks and in-lieu fee programs and provides 
that mitigation banks and in-lieu fee programs be considered 
reasonable alternatives when planning water resources 
development projects.

Sec. 1024. Use of youth service and conservation corps

    Section 1024 amends section 213 of WRDA 2000 to direct the 
Secretary to encourage cooperative agreements with youth 
service and conservation corps.

Sec. 1025. Debris removal

    Section 1025 amends section 3 of the Rivers and Harbors Act 
of March 2, 1945 to expand the Corps' debris removal authority 
to include debris adjacent to the Federal channel that would 
affect the navigability of the channel.

Sec. 1026. Aquaculture study

    The Committee has heard concern about the regulation of 
shellfish hatcheries, particularly by the Seattle District of 
the Corps of Engineers and the Districts with jurisdiction over 
the Chesapeake Bay. Section 1026 requires the Government 
Accountability Office (GAO) to study the differing regulatory 
treatment of shellfish hatcheries across Corps districts.
    In addition to the other requirements included in this 
section, while undertaking review of the Chesapeake Bay study 
area the Comptroller General shall also include a review of the 
National Oceanic and Atmospheric Agency's (NOAA) 2004 
Chesapeake Bay Oyster Management Plan and the Regional General 
Permit (RGP) developed by the U.S. Army Corps of Engineers and 
the State of Maryland in 2011 and the effectiveness in oyster 
aquaculture permitting. This review shall consider differences 
in the oyster aquaculture application process and industry in 
different areas of the Chesapeake Bay.

Sec. 1027. Levee vegetation

    Section 1027 amends section 3013 of WRRDA 2014 to clarify 
the levee vegetation management policy adopted under that 
section by prohibiting the Corps from requiring or carrying out 
vegetation removal (unless there is an unacceptable safety 
risk) until they issue new guidelines. The Committee is 
concerned about the Corps' failure to issue new vegetation 
management guidelines and this section requires the Corps to 
explain why they have failed to develop the new guidelines 
required in WRRDA 2014.

Sec. 1028. Planning assistance to States

    Section 1028 amends section 22 of WRDA 1974 to clarify that 
the authority under that section to provide planning assistance 
to states also includes authority to provide assistance to 
regional or national consortia of states.

Sec. 1029. Prioritization

    Section 1029 amends section 1011 of WRRDA 2014 to clarify 
that the prioritization of hurricane and storm damage reduction 
efforts in that section includes restoration of wetlands as 
well as loss of wetlands. This section also updates the 
deadline for a report to Congress on implementation of this 
section and requires an additional report on the implementation 
of the ecosystem restoration prioritization requirements of 
that section, including a list of programmatic ecosystem 
restoration authorities that meet the prioritization 
requirements in this section.

Sec. 1030. Kennewick Man

    Section 1030 requires the Corps to repatriate the Kennewick 
Man (a 9000 year old skeleton found by the Corps of Engineers) 
to the tribes that scientific studies have demonstrated are 
descendants.

Sec. 1031. Review of Corps of Engineers assets

    Section 1031 requires the review of Corps assets required 
in section 6002 of WRRDA 2014 to include a review of the 
economic, cultural, historic, or recreational significance of 
the assets.

Sec. 1032. Review of reservoir operations

    The purpose of section 1032 is to encourage the Corps to 
update reservoir management based on best available science to 
better address drought conditions, without adversely affecting 
any other authorized purpose.
    Under Corps guidance these manuals are to be reviewed every 
ten years and revised as needed to account for demographic, 
hydrologic, environmental, and technological changes that have 
occurred within the basins. Updates must comply with regulatory 
requirements, NEPA and the public involvement requirements of 
section 5 of WRDA 1988 and section 310 of WRDA 1990.
    The Committee is concerned that the Corps does not 
regularly update its water control manuals and as a result many 
manuals may include flood forecasting rule curves that may be 
outdated. This is a concern in areas that are enduring 
prolonged drought conditions because an outdated flood 
forecasting rule curve may result in the release of more water 
to create flood storage than is necessary to provide flood 
protection, making that water unavailable to address other 
authorized purposes, including water supply needs aggravated by 
drought.
    Section 1032 directs the Secretary to review Corps 
reservoir operations, upon the request of a non-Federal 
interest, with a priority for areas with prolonged drought and 
reservoirs for which no review has occurred in the prior 10 
years. The review is to evaluate improving weather forecasting 
and run-off forecasting. If the Secretary determines that use 
of best available science will improve one or more authorized 
purposes of the reservoir, the Secretary is directed to update 
the manual to incorporate such best available science. The 
Secretary is authorized to accept non-Federal funds to review 
reservoir operations and update operation manuals.
    This section requires consultation with project sponsors 
with operation and maintenance responsibilities, entities with 
storage entitlements, and agencies with downstream flood 
control responsibilities. This section does not supersede any 
requirements of current law, including public participation 
requirements under WRDA 1988 and WRDA 1990. This section does 
not permit a manual update that negatively affects the 
authorized project purposes, including flood control and 
navigation purposes. It does not authorize any project or 
activity not already authorized, and does not modify any 
obligation under current law. Further, as provided in section 
3, this section does not supersede written agreements with the 
Federal government; supersede or modify any multistate water 
control plan; affect water rights; preempt or affect State 
water law or interstate compacts governing water; or affect any 
other authority of a State to manage water resources within the 
State. Finally, this section does not apply to the Upper 
Missouri River reservoirs or reservoirs in the Apalachicola-
Chattahoochee-Flint river system and the Alabama-Coosa-
Tallapoosa river system.

Sec. 1033. Transfer of excess credit

    Section 1033 modifies section 1020 of WRRDA 2014 to clarify 
the authority to transfer credit between projects.

Sec. 1034. Surplus water storage

    Section 1049(c) of WRRDA 2014 prohibits the Secretary from 
charging for surplus water stored in the Upper Missouri 
Mainstem Reservoirs for 10 years. The Committee has heard 
concerns about access to water in those reservoirs and the time 
required for new contracts for surplus water. Section 1034 
places time limits on the response of the Corps to requests for 
contracts for surplus water from these reservoirs.

Sec. 1035. Hurricane and storm damage reduction

    Section 1035 amends section 3 of the Act of August 13, 1946 
to increase the per project limit for the continuing authority 
for hurricane and storm damage reduction projects from $5 
million to $10 million.

Sec. 1036. Fish hatcheries

    Section 1036 authorizes the Secretary to carry out 
additional activities at fish hatcheries at 100 percent non-
Federal cost.

Sec. 1037. Feasibility studies and watershed assessments

    Section 1037 amends the reporting requirement in section 
1001(d) of WRRDA 2014 for studies that exceed 3 years or $3 
million to be an annual report.
    This section also amends sections 105 and 729 of WRDA 1986 
to authorize the Secretary to expend the first $100,000 in 
costs for a feasibility study or a watershed assessment at 
federal expense. The Committee heard from non-Federal interests 
that because the Corps is funded on a project basis, the Corps 
could not even talk to non-Federal interests about prospective 
projects without signing a feasibility study cost-sharing 
agreement. The Committee intends the Secretary to use this 
authority to communicate with prospective non-Federal sponsors 
to identify the scope of a prospective project and identify the 
federal interest, not to reinstate the reconnaissance phase of 
a project that was repealed in WRRDA 2014.

Sec. 1038. Shore damage prevention or mitigation

    Section 1038 amends section 111 of the River and Harbor Act 
of 1968 to clarify that feasibility studies under this 
authority are cost-shared in the same proportion as 
construction of projects. The section also provides that if a 
non-Federal interest expends more than its share of those study 
costs, it is eligible for reimbursement of those excess costs.

                          TITLE II--NAVIGATION


Sec. 2001. Projects funded by the Inland Waterways Trust Fund

    Because Olmsted Lock and Dam is the only inland waterways 
project for which the President is budgeting and that high cost 
project will not be completed until 2022, section 2001 prevents 
other inland waterways projects from being automatically 
deauthorized under section 102 of WRDA 1986 until after Olmsted 
is substantially complete, which will free up funding for other 
inland waterways projects.

Sec. 2002. Operation and maintenance of fuel-taxed inland waterways

    Section 2002 amends section 102 of WRDA 1986 to allow a 
non-Federal interest to receive credit or reimbursement for 
carrying out the Federal operations and maintenance 
responsibility for structures associated with authorized 
hurricane and storm damage risk reduction projects that bisect 
an inland or intracoastal waterway.

Sec. 2003. Funding for Harbor Maintenance programs

    Section 2003 amends section 2101 of WRRDA 2014 to clarify 
the target appropriations from the Harbor Maintenance Trust 
Fund in the event that appropriations in the prior year 
decrease.

Sec. 2004. Dredged material disposal

    33 C.F.R. 335.7 defines the Federal standard for dredged 
material disposal as follows: ``Federal standard means the 
dredged material disposal alternative or alternatives 
identified by the Corps which represent the least costly 
alternatives consistent with sound engineering practices and 
meeting the environmental standards established by the 
404(b)(1) evaluation process or ocean dumping criteria.''
    The section 404(b)(1) guidelines found in 40 C.F.R. 230 
state in subsection (b) that ``No discharge of dredged or fill 
material shall be permitted if it:
    (1) Causes or contributes, after consideration of disposal 
site dilution and dispersion, to violations of any applicable 
State water quality standard''.
    Under 33 C.F.R. 336.1(c)(1) ``[i]t is the Corps' policy to 
regulate the discharge of dredged material from its projects to 
assure that dredged material disposal occurs in the least 
costly, environmentally acceptable manner, consistent with 
engineering requirements established for the project.''
    Section 2004 affirms and enforces these existing 
requirements by requiring dredged material disposal to meet 
applicable state water quality standards.

Sec. 2005. Cape Arundel Disposal Site, Maine

    Section 2005 extends the temporary authorization to use a 
dredged material disposal site for an additional 5 years. This 
provides time for the non-Federal interests in the two New 
England states that rely on this site to obtain a permanent 
designation by the EPA for this site or another to replace it 
and avoid shutting down maintenance of navigation projects in 
New England.

Sec. 2006. Maintenance of harbors of refuge

    Section 2006 clarifies that the Corps has authority to 
maintain all federally authorized harbors of refuge. This 
authority exists regardless of whether the authorization of an 
individual project expressly includes maintenance authority 
and, in the case of harbors that no longer meet their 
authorized dimensions, authorizes maintenance to restore the 
authorized dimensions of the harbor.

Sec. 2007. Aids to navigation

    Section 2007 directs the Secretary to consult with the 
Coast Guard regarding aids to navigation on the Ouachita-Black 
Rivers and report to Congress on the outcome of that 
consultation.

Sec. 2008. Beneficial use of dredged material

    Section 204 of WRDA 1992 authorizes cost-shared projects 
for the beneficial use of sediment obtained from a Federal 
water resources projects. This section was amended by section 
1038 of WRRDA 2014 to modify subsection (d), which authorizes 
cost-shared disposal of sediment from a Federal water resources 
project for purposes related to environmental restoration or 
storm damage and flood reduction.
    The Committee has heard concerns that Corps Districts are 
not aware that subsection (d) is a disposal authority, not a 
project development authority, and therefore does not include 
requirements for perpetual operation and maintenance or 
renourishment of projects.
    Section 2008 clarifies that under section 204(d) dredged 
material disposal is not a project that requires operation and 
maintenance and can be a single application of sediment.
    Section 2008 also clarifies that the Secretary may accept 
funds to dispose of dredged material at 100 percent non-Federal 
cost if the disposal area is not eligible for Federal cost-
sharing (such as a private beach).

Sec. 2009. Operation and maintenance of harbor projects

    Section 2009 extends the 10% set aside from the Harbor 
Maintenance Trust Fund for emerging harbors in section 210 of 
WRDA 1986 to 2025.

Sec. 2010. Additional measures at donor ports and energy transfer ports

    Section 2010 extends the authority to provide additional 
funds for donor ports and energy transfer ports in section 2106 
of WRRDA 2014 to 2025.

Sec. 2011. Harbor deepening

    Section 2011 amends section 101 of WRDA 1986 to align the 
cost share for construction of harbors with the change in WRRDA 
2014 modifying the cost-share for maintenance of harbors.

Sec. 2012. Operations and maintenance of inland Mississippi River ports

    Section 2012 authorizes dredging of shallow draft ports 
located on the inland Mississippi River to the respective 
authorized widths and depths.

Sec. 2013. Implementation guidance

    Section 2013 requires the Corps to issue guidance to 
implement section 2102 of WRRDA 2014 (relating to maintenance 
of emerging ports and Great Lakes ports).

Sec. 2014. Remote and subsistence harbors

    Section 2014 amends the authority to that provides special 
considerations for remote and subsistence harbors under section 
2006 of WRDA 2007 to expand consideration of the benefits of 
such harbors to include benefits to communities that will rely 
on the project.

Sec. 2015. Non-Federal interest dredging authority

    Section 2015 establishes a pilot program authorizing a non-
Federal interest to maintain a federal navigation project with 
its own equipment and personnel and be eligible for 
reimbursement directly related to performance of the work. 
Reimbursement is not to exceed the actual fiscal year 
appropriations for maintaining the project. All work carried 
out by the non-Federal interest must be done pursuant to a 
written agreement with the Secretary. This provision does not 
change any Federal law or requirement applicable to maintenance 
of a Federal navigation project. Therefore, a non-Federal 
interest carrying out maintenance of a Federal navigation 
project must comply with all requirements that would apply to 
the Secretary if the Secretary were performing the work.

Sec. 2016. Transportation cost savings

    Section 2016 requires a one-time requirement to identify 
transportation cost savings achieved from maintaining harbors 
and inland ports in the next report to Congress on harbor and 
inland harbor needs required under WRDA 1986.

Sec. 2017. Dredged material

    Section 2017 authorizes the placement of dredged material 
in a location that does not meet the Federal standard under 33 
C.F.R. 335 if any additional upfront costs will be offset by 
the resulting environmental, flood protection, and resiliency 
benefits. This section also bars the Secretary from requiring a 
non-Federal entity to pay the increased costs associated with 
such placement.

                     TITLE III--SAFETY IMPROVEMENTS


Sec. 3001. Rehabilitation assistance for non-Federal flood control 
        projects

    Subsection (a) amends P.L. 84-99 to authorize the Secretary 
to increase the level of protection when rebuilding a levee 
under P.L. 84-99, if the additional costs are paid by the non-
Federal interest and the Chief of Engineers determines it is in 
the public interest, including consideration of whether the 
same levee has had to be rebuilt multiple times, whether there 
is an opportunity to reduce risk of loss of life and property, 
and whether there is an opportunity to reduce life cycle 
rehabilitation costs.
    In making a ``public interest'' determination related to 
improvements to increase levels of protection, the Committee 
directs the Chief of Engineers to consider whether the 
increased level of protection could result from a realignment 
or alteration of the levee section that would allow increased 
conveyance of flood waters; and make a determination that the 
action taken to increase the level of protection does not 
increase flood risk on neighboring systems or communities, 
including undertaking modeling to ensure that the increase in 
flood protection will not increase flood risk for neighboring 
systems or communities.
    Subsection (a) also adds a definition of nonstructural 
alternative to P.L. 84-99 that includes wetland, stream, and 
coastal restoration and requires the Corps to notify non-
Federal interests of the opportunity to use non-structural 
measures when implementing P.L. 84-99.
    Subsection (b) authorizes the Secretary to carry out flood 
control projects in coordination with work carried out under 
P.L. 84-99, if the project has a completed report of the Chief 
of Engineers determining that the project is feasible, and the 
Secretary determines that the action is in the public interest.

Sec. 3002. Rehabilitation of existing levees

    Section 3002 amends section 3017 of WRDA 2014 to authorize 
the Secretary to carry out a pilot program for the Corps to 
immediately address authorized hurricane and storm damage risk 
reduction projects that are experiencing a reduction in the 
authorized level of protection due to settlement, subsidence, 
or sea-level rise.

Sec. 3003. Maintenance of high risk flood control projects

    Section 3003 directs the Secretary to continue maintaining 
high risk flood control projects, if the Secretary is already 
responsible for such maintenance, until the risk is reduced.

Sec. 3004. Rehabilitation of high hazard potential dams

    Section 3004 amends the National Dam Safety Program Act to 
authorize FEMA to provide assistance to non-Federal sponsors 
for the rehabilitation of high hazard potential dams in States 
with a dam safety program, subject to a non-Federal cost share 
of at least 35 percent.

         TITLE IV--RIVER BASINS, WATERSHEDS, AND COASTAL AREAS


Sec. 4001. Gulf Coast oyster bed recovery plan

    Section 4001 authorizes the Secretary, in coordination with 
the Gulf States, to develop and implement a plan to assist in 
the recovery of oyster beds along the Gulf coast that were 
damaged by recent catastrophic events.

Sec. 4002. Columbia River

    Subsection (a) amends section 536 of WRDA 2000 to increase 
the authorization ceiling for ecosystem restoration studies and 
projects for the Lower Columbia River in Oregon and Washington. 
This authorization level is based on the Army Corps of 
Engineers estimate to fulfill its obligations under the 
biological opinion that is in place for recovery of endangered 
salmon.
    Subsection (b) amends section 104 of the River and Harbor 
Act of 1958 to clarify that watercraft inspection stations 
authorized to protect the Columbia River Basin from invasive 
species may be located outside of the basin, if that is 
necessary to prevent introduction of invasive species.
    Subsection (c) fulfills an unmet Federal obligation by 
authorizing assistance to the number of Indian families 
displaced due to the construction of Bonneville Dam identified 
in a report of the Corps of Engineers as having not previously 
received relocation assistance. This subsection also authorizes 
a study of Indian families displaced due to the construction of 
John Day Dam to determine if there is an unmet obligation for 
assistance associated with that dam.
    Assistance authorized in this section includes authority 
for the Secretary to provide housing and infrastructure 
assistance to relocate the identified Indian families upon the 
land transferred by the Department of Army to the Department of 
Interior.
    Subsection (d) authorizes a study of the Columbia River, to 
address safety risks.

Sec. 4003. Missouri River

    Subsection (a) directs the Corps to carry out a pilot 
program, in partnership with the Bureau of Reclamation, for the 
development and implementation of sediment management plans for 
reservoirs in the Upper Missouri River Basin.
    Subsection (b) directs the Corps to be the lead agency for 
the drought monitoring program authorized in section 4003 of 
WRRDA 2014.

Sec. 4004. Puget Sound nearshore ecosystem restoration

    Section 4004 increases the per project limit for ecosystem 
restoration studies and projects for the Lower Columbia River 
in Puget Sound, authorized in section 544 of WRDA 2000, without 
increasing the overall authorization ceiling.

Sec. 4005. Ice jam prevention and mitigation

    Section 4005 authorizes the Secretary to carry out pilot 
projects under the section 205 small flood control project 
continuing authority program to address ice jam prevention and 
mitigation, with a priority for the Upper Missouri River Basin.

Sec. 4006. Chesapeake Bay oyster restoration

    Section 4006 increases the authorization ceiling for fish 
and wildlife conservation studies and projects, including 
projects in the Chesapeake Bay, authorized under section 704 of 
WRDA 1986.

Sec. 4007. North Atlantic Coastal Region

    Section 4007 clarifies the intent that the initial study of 
aquatic ecosystem restoration projects along the Atlantic Coast 
authorized in section 4009 of WRRDA 2014 be carried out at 
federal expense.

Sec. 4008. Rio Grande environmental management program, Colorado, New 
        Mexico, and Texas

    Section 4008 extends the authority for the Rio Grande 
environmental management program in Colorado, New Mexico and 
Texas, authorized in section 5056 of WRDA 2007, until 2024. 
Initial studies are not expected to be completed until 2019 
when the current authority expires.

Sec. 4009. Texas coastal area

    Section 4009 directs the Secretary to consider information 
developed by the Gulf Coast Community Protection and Recovery 
District when carrying out a study authorized in section 4091 
of WRDA 2007.

Sec. 4010. Upper Mississippi and Illinois Rivers comprehensive flood 
        risk management

    Section 4010 authorizes a study of the levees along the 
upper Mississippi and Illinois Rivers on a system-wide basis, 
to evaluate the flood damage risks on a system-wide rather than 
local basis, and justify projects on the system-wide basis. 
This review was recommended by the Corps in a 2008 study and by 
the Secretary in a 2009 letter to Congress. The purpose of a 
system-wide study is to address the fact that a rehabilitation 
of a levee at a single location often cannot be cost-justified 
but each location is an integral part of a levee system that 
provides essential flood protection benefits. The Midwest 
flooding in 1993 caused 47 deaths and $15 billion in damages.

Sec. 4011. Salton Sea, California

    Section 4011 removes the pilot designation from the Salton 
Sea program authorized by section 3032 of WRDA 2007 and expands 
the list of non-Federal interests that may cost-share a project 
under this authority.

Sec. 4012. Adjustment

    Section 4012 adjusts the boundaries of a project without 
changing authorization of appropriations.

Sec. 4013. Coastal resiliency

    Section 4013 amends the coastal resiliency program 
authorized by section 4014 of WRRDA 2014 to give a priority to 
areas threatened by sea level rise and to require interagency 
coordination on coastal resilience.

Sec. 4014. Regional intergovernmental collaboration on coastal 
        resilience

    Section 4014 authorizes the Secretary to conduct regional 
assessments of coastal and back bay protection.

                       TITLE V--DEAUTHORIZATIONS


Sec. 5001. Deauthorizations

    Section 5001 deauthorizes obsolete Federal water resources 
projects or portions thereof.
          (a) Valdez, Alaska
          (b) Red River Below Dennison Dam, Arkansas, 
        Louisiana, and Texas
          (c) Sutter Basin, California
          (d) Stonington Harbor, Connecticut
          (e) Green River Lock and Dam 3, Ohio and Muhlenberg 
        Counties, Kentucky
          (f) Green River Lock and Dam 5, Butler and Warren 
        Counties, Kentucky
          (g) Green River Lock and Dam 6, Edmonson County, 
        Kentucky
          (h) Barren River Lock and Dam 1, Warren County, 
        Kentucky
          (i) Port of Cascade Locks, Oregon
          (j) Declaration of non-navigability for portions of 
        the Delaware River, Philadelphia, Pennsylvania
          (k) Salt Creek, Graham, Texas

Sec. 5002. Conveyances

    Subsections (a) and (b) authorize the Secretary to convey 
real property owned by the Federal Government to non-Federal 
interests at fair market value, subject to conditions ascribed 
in the section.
          (a) Pearl River, Mississippi and Louisiana
          (b) Sardis Lake, Mississippi
    Subsection (c) fulfills the non-Federal interest obligation 
for a water supply contract.
          (c) Joe Pool Lake, Texas

                TITLE VI--WATER RESOURCES INFRASTRUCTURE


Sec. 6001. Authorization of final feasibility studies

    These are projects that have a final signed Chief of 
Engineers' Report indicating that the project is feasible, 
i.e., it is in the federal interest, has a positive benefit to 
cost ratio, and is technically and environmentally sound. These 
projects are authorized to be carried out by the Secretary 
substantially in accordance with the plan, and subject to the 
conditions described in the respective reports designated in 
this section and any provisions included in this Act.
          (1) Navigation.--
                  1. Brazos Island Harbor, Texas
                  2. Calcasieu Lock, Louisiana
                  3. Portsmouth Harbor and Piscataqua River, 
                New Hampshire and Maine
                  4. Green and Barren Rivers, Kentucky
                  5. Port Everglades, Florida
                  6. Little Diomede, Alaska
                  7. Charleston Harbor, Charleston, South 
                Carolina
                  8. Craig Harbor, Alaska
          (2) Flood risk management.--
                  1. Leon Creek Watershed, San Antonio, Texas
                  2. Armourdale and Central Industrial District 
                Levee Units, Missouri River and Tributaries, 
                Kansas City, Kansas and Kansas City, Missouri
                  3. City of Manhattan, Kansas
                  4. Upper Turkey Creek Basin, Merriam, Kansas
                  5. Princeville, North Carolina
          (3) Hurricane and storm damage risk reduction.--
                  1. Town of Edisto Beach, Colleton County, 
                South Carolina
                  2. Flagler County, Florida--The project for 
                hurricane and storm damage reduction, Flagler 
                County, Florida
                  3. Bogue Banks, Carteret County, North 
                Carolina
                  4. Hereford Inlet to Cape May Inlet, New 
                Jersey Shoreline Protection, Cape May County, 
                New Jersey
                  5. West Shore Lake Pontchartrain, Louisiana
                  6. Encinitas-Solana Beach Coastal Storm 
                Damage Reduction, California
          (4) Flood risk management and environmental 
        restoration.--
                  1. Upper Des Plaines River and Tributaries, 
                Illinois and Wisconsin
                  2. South San Francisco Bay, California
          (5) Environmental restoration.--
                  1. Central Everglades Planning Project, 
                Florida
                  2. Lower Willamette River Environmental 
                Dredging, Oregon
                  3. Skokomish River, Mason County, Washington
                  4. Los Angeles River, California

Sec. 6002. Authorization of project modifications recommended by the 
        Secretary

    Section 6002 authorizes project modifications for water 
resources development and conservation and other purposes to be 
carried out by the Secretary substantially in accordance with 
the recommendations specified in the reports designated in this 
section.
          1. Turkey Creek Basin, Kansas and Missouri
          2. Blue River Basin, (Dodson Industrial District) 
        Kansas City, Missouri
          3. Picayune Strand, Florida
          4. Ohio River Shoreline, Paducah, Kentucky

Sec. 6003. Authorization of study and modification proposals submitted 
        to Congress by the Secretary

    Section 6003 authorizes feasibility studies and project 
modifications for water resources development and conservation 
and other purposes to be carried out by the Secretary in 
accordance with proposals submitted to Congress under the 
requirements of section 7001 of the WRRDA 2014.
    Section 7001 of WRRDA 2014 requires the Secretary to 
annually publish a notice in the Federal Register requesting 
proposals from non-federal interests for project 
authorizations, studies, and modifications to existing Corps of 
Engineers projects. Further, it requires the Secretary to 
submit to Congress and make publicly available an annual report 
listing those activities received from non-federal interests 
that are related to the missions of the Corps of Engineers and 
require specific authorization by law. Additionally, section 
7001 of WRRDA 2014 requires the Secretary to certify the 
proposals included in the annual report meet the criteria 
established by Congress in this section.
    To date, the Secretary has provided Congress with two 
reports, dated February 2015 and February 2016. In future 
reports, the Committee directs the Secretary to provide 
additional information related to the items included in the 
report, including information on how the proposed projects, 
studies, or modifications relate to the mission of the Corps of 
Engineers, prior studies, and existing authorizations. Such 
information will assist Congress in evaluating which projects, 
studies, or modifications to authorize.
    The information and recommendations contained in the 
reports submitted to Congress is meant to assist Congress in 
setting priorities and authorizing studies, projects, and 
modifications of existing projects. The Committee reviewed both 
reports submitted by the Secretary to Congress and has included 
studies and modifications based on those submissions.
          (a) Arctic Deep Draft Port Development Partnerships.
          (b) Ouachita-Black Rivers, Arkansas and Louisiana.
          (c) Cache Creek Basin, California.
          (d) Coyote Valley Dam, California.
          (e) Del Rosa Drainage Area, California.
          (f) Merced County, California.
          (g) Mission-Zanja Drainage Area, California.
          (h) Santa Ana River Basin, California.
          (i) Delaware Bay Coastline, Delaware and New Jersey-
        Roosevelt Inlet-Lewes Beach, Delaware.
          (j) Mispillion Inlet, Conch Bar, Delaware.
          (k) Daytona Beach Flood Protection, Florida.
          (l) Brunswick Harbor, Georgia.
          (m) Savannah River Below Augusta, Georgia.
          (n) Dubuque, Iowa.
          (o) Mississippi River Ship Channel, Gulf to Baton 
        Rouge, Louisiana.
          (p) St. Tammany Parish Government Comprehensive 
        Coastal Master Plan, Louisiana.
          (q) Cayuga Inlet, Ithaca, New York.
          (r) Chautauqua County, New York.
          (s) Cincinnati, Ohio.
          (t) Tulsa and West Tulsa, Arkansas River, Oklahoma.
          (u) Johnstown, Pennsylvania.
          (v) Chacon Creek, Texas.
          (w) Corpus Christi Ship Channel, Texas.
          (x) Trinity River and Tributaries, Texas.
          (y) Chincoteague Island, Virginia.
          (z) Burley Creek Watershed, Washington.

   ADDITIONAL MATTERS RELATING TO THE CORPS OF ENGINEERS CIVIL WORKS 
                                PROGRAM

    The Committee is concerned that many Corps Districts appear 
to be unaware that under Section 100226 of Public Law (P.L.) 
112-141 (MAP-21), the Corps and the Federal Emergency 
Management Agency (FEMA) were directed to form a Task Force to 
establish processes to align the information and data collected 
by or for the Corps Inspection of Completed Works (ICW) program 
so it is sufficient to satisfy the FEMA National Flood 
Insurance Program accreditation requirements specified in 44 
Code of Federal Regulations (CFR) 65.10. Many Corps Districts 
also are unaware of a 2014 Memorandum of Understanding between 
FEMA and the Corps to implement the policy set forth in MAP-21. 
In particular, Corps districts appear to be unaware that under 
this MOU, ``[e]ach time USACE conducts a levee inspection, 
USACE will identify when a levee system meets or does not meet 
a specified subset of requirements in 44 CRF Section 65.10.'' 
Finally, Corps Districts appear to be unaware of the 
requirement under Section 3014 of WRRDA 2014 to align the Corps 
ICW program with the FEMA national flood insurance levee 
certification program to the maximum extent practicable. These 
obligations have been in place for several years. The Committee 
expects Corps Headquarters to ensure that all Districts are 
aware of their obligations under WRRDA 2014 and the MOU.
    The Committee encourages the Corps of Engineers to remain 
engaged in the design and construction of the project for 
ecosystem restoration at the Lower Yellowstone project of the 
Bureau of Reclamation, Intake, Montana, authorized by section 
3109 of WRDA 2007.
    The Committee requests the Secretary continue to work with 
the Commonwealth of Massachusetts, the City of Boston, and the 
Town of Brookline on outstanding issues related to the Muddy 
River, Brookline, and Boston, Massachusetts project authorized 
by Section 522 of the Water Resources Development Act of 2000.

     TITLE VII--SAFE DRINKING WATER AND CLEAN WATER INFRASTRUCTURE


Sec. 7001. Definition of Administrator

    Section 7001 defines the term ``Administrator'' as the 
Administrator of the Environmental Protection Agency.

Sec. 7002. Sense of the Senate on appropriations levels and findings on 
        economic impacts.

    Subsection (a) of section 7002 states that it is the Sense 
of the Senate that Congress should provide robust funding 
levels for the Safe Drinking Water and Clean Water State 
Revolving Loan Funds.
    Subsection (b) makes findings regarding the federal income 
tax revenue, jobs, and economic output resulting from state 
revolving loan fund capitalization grants, based on a study by 
Water Environment Federation and WaterReuse Association using 
the IMPLAN model that captures the effect of spending as it 
moves through the United States economy. This study 
demonstrates that investment in drinking water and wastewater 
infrastructure provides significant economic benefits.

                       SUBTITLE A--DRINKING WATER

Sec. 7101. Preconstruction work

    Section 7101 amends section 1452(a) of the Safe Drinking 
Water Act to make planning, design, and associated 
preconstruction activities, replacement or rehabilitation of 
aging treatment, storage, or distribution facilities, and 
public water system security measures eligible for assistance 
under State drinking water revolving funds. This section also 
affirms the use of state revolving loan funds as security for 
state bonds.

Sec. 7102. Priority system requirements

    Section 7102 amends section 1452(b) of the Safe Drinking 
Water Act to add sustainability to the priorities under a State 
intended use plan, and to give greater weight to loan 
applications that include asset management plans and review of 
restructuring options, as well as a demonstration of 
consistency with watershed plans, water conservation plans, and 
sustainability approaches.

Sec. 7103. Administration of State Loan Funds

    Section 7103, amends section 1452(g) to authorize the use 
of fees collected and the greatest of 4% of the capitalization 
grant, 1/5th of the valuation of the fund, or $400,000, to be 
used to administer a state fund.

Sec. 7104. Other authorized activities

    Section 7104 amends section 1452(k) of the Safe Drinking 
Water Act to make implementation of source water protection 
plans an eligible use of assistance from a State revolving 
fund.

Sec. 7105. Negotiation of contracts

    Section 7105 amends section 1452 of the Safe Drinking Water 
Act to apply the Brooks Act (which requires qualifications 
based selection of architects and engineers) to contracts 
funded by monies provided from a State revolving fund, if the 
assistance is for a community with a population of more than 
10,000.

Sec. 7106. Assistance for small and disadvantaged communities

    Subsection (a) of section 7106 amends the Safe Drinking 
Water Act to add a grant program to assist small and 
disadvantaged communities in complying with the requirements of 
the Safe Drinking Water Act. A priority is given to underserved 
communities without basic drinking water or wastewater 
services. This section authorizes $230 million for fiscal year 
2017, and $300 million for each of fiscal years 2018 through 
2021, for a total of $1.4 billion over five years.
    Subsection (b) directs the Secretary of the Treasury to 
transfer $20 million to EPA to begin implementation of this 
program immediately.

Sec. 7107. Reducing lead in drinking water

    Subsection (a) of section 7107 amends the Safe Drinking 
Water Act to add a grant program for replacement of lead 
service lines, testing, planning, corrosion control, and 
education. Partial lead service line replacement is not 
eligible for assistance. Assistance to low income homeowners to 
remove the privately owned portion of the service line is 
eligible for assistance. This section authorizes $60 million 
for each of fiscal years 2017 through 2021, for a total of $300 
million over five years.
    Subsection (b) directs the Secretary of the Treasury to 
transfer $20 million to EPA to begin implementation of this 
program immediately.

Sec. 7108. Regional liaisons for minority, tribal, and low-income 
        communities

    Section 7108 directs EPA to appoint liaisons for minority, 
tribal, and low-income communities in each EPA region.

Sec. 7109. Notice to persons served

    Section 7109 amends section 1414 of the Safe Drinking Water 
Act to require the public water system, or the State, or EPA, 
to notify the public of exceedances of lead action levels 
within 15 days of the exceedence.
    If there is a violation of the Act has the potential for 
serious health effects, this amendment also requires notice to 
the Center for Disease Control (CDC) and state and county 
health agencies.
    EPA also is authorized to provide notice of any lead 
monitoring results to any person served by the public water 
system and the local or State health department in a form that 
protects individual consumer information.

Sec. 7110. Electronic reporting of drinking water data

    Section 7110 amends section 1414 of the Safe Drinking Water 
Act to require electronic reporting of compliance monitoring 
data, where practicable, as a condition of the receipt of 
funds.

Sec. 7111. Lead testing in school and child care drinking water

    Section 7111 amends section 1464 of the Safe Drinking Water 
Act to establish a voluntary school and child care lead testing 
program and authorize $20 million a year for five years to 
carry out that program.

Sec. 7112. WaterSense program

    Section 7112 authorizes EPA's voluntary WaterSense program 
that allows water efficient products, buildings, landscapes, 
facilities, processes, and service to bear a ``WaterSense'' 
label.
    When developing the criteria for the WaterSense label, 
consideration should be given to ensure that the performance 
criteria do not directly or indirectly contribute to the 
degradation of waste streams treated by community sewer 
systems.

Sec. 7113. Water supply cost savings

    Section 7113 establishes a drinking water technology 
clearinghouse to disseminate information on cost-effective, 
innovative, and alternative drinking water delivery systems, 
including systems that are supported by wells. This section 
requires systems serving 500 or fewer persons to self-certify 
that they have considered alternative drinking water supplies, 
including wells, as a condition of receipt of Federal funds.

                        SUBTITLE B--CLEAN WATER

Sec. 7201. Sewer overflow control grants

    Section 7201 reauthorizes section 221 of the Clean Water 
Act, which authorizes grants for addressing combined sewer 
overflows, sanitary sewer overflows, and stormwater discharges, 
totaling $1.8 billion over five years.

Sec. 7202. Small and medium treatment works

    Section 7202 adds new section 222 to the Clean Water Act to 
establish a technical assistance program for small and medium 
treatment works, to be carried out by qualified nonprofit 
technical service providers tailored to meet the separate needs 
of small and medium systems. This section authorizes $15 
million a year for five years, totaling $75 million, to carry 
out the small treatment works assistance program and $10 
million a year for five years, totaling $50 million, to carry 
out the medium treatment works assistance program.
    This section also amends section 603 of the Clean Water Act 
to authorize States to use up to 2 percent of their Clean Water 
Act SRF allocation grant to support small and medium treatment 
works technical assistance providers.

Sec. 7203. Integrated plans

    Municipalities have long urged EPA to provide communities 
with increased flexibility to comply with the Clean Water Act's 
requirements. In January 2012, EPA responded to requests for 
flexibility with a proposed framework, entitled Draft 
Integrated Planning Approach Framework, to provide EPA, states, 
and local governments with guidance to develop and implement 
effective integrated planning approaches to municipal 
wastewater and stormwater management. After taking public 
comment, in June 2012, EPA released its final framework, 
entitled Integrated Municipal Stormwater and Wastewater 
Planning Approach Framework. The seven-page document outlines 
principles for allowing communities to structure plans for 
addressing multiple CWA obligations over time in an effort to 
address the most serious water quality issues first and 
optimize infrastructure investments.
    EPA's framework is intended to provide EPA regional offices 
and states with a guide on how to help cities prioritize 
wastewater and stormwater infrastructure improvements that are 
needed to address water quality issues, including preventing 
CSOs, SSOs, and other pollution releases during heavy 
precipitation events.
    The document indicates that the Agency will rely on both 
permits and enforcement actions to implement the new integrated 
approach. While plans developed using the framework cannot be 
the basis for delaying either permits or enforcement actions, a 
new or revised consent decree may incorporate an integrated 
plan with the involvement of all necessary parties.
    At an April 7, 2016 hearing, the Committee heard testimony 
about the usefulness of the Integrated Planning Framework and 
the desire for broader implementation.
    Subsection (a) of section 7203 supports EPA's Integrated 
Planning Framework and ensures that it is available for any 
municipality that wishes to develop an integrated plan by 
adding new subsection (s) to section 402 of the Clean Water 
Act.
    Under this new subsection EPA must inform municipalities of 
the opportunity to prepare an integrated plan. This subsection 
also specifies that integrated plans can be incorporated into 
permits and may address requirements related to a combined 
sewer overflow; a capacity, management, operation, and 
maintenance program for sanitary sewer collection systems; a 
municipal stormwater discharge; a municipal wastewater 
discharge; and a water quality-based effluent limitation to 
implement an applicable wasteload allocation in a total maximum 
daily load.
    This subsection specifies that permits incorporating an 
integrated plan may include compliance schedules for any water 
quality standard, if authorized by a State as part of its 
applicable water quality standards, and may include green 
infrastructure to meet water quality based effluent 
limitations.
    This subsection also specifies that the applicable State 
water quality standards may authorize the issuance of 
compliance schedules for use in permits that incorporate 
integrated plans, applicable to any water quality standard, 
whether the standard was adopted before or after 1977. As a 
transition rule, compliance schedules issued pursuant to the 
applicable state water quality standards cannot revise or 
affect a schedule of compliance under a judicial order or 
consent decree that is in effect on the date of enactment of 
WRDA 2016, unless the order or decree is modified by agreement 
of the parties and the court.
    Subsection (b) of section 7203 establishes within EPA an 
Office of Municipal Ombudsman to ensure that EPA Regions 
implement EPA's Integrated Planning Framework, and make 
communities aware of other available flexibilities.
    Subsection (c) of section 7203 amends section 309 of the 
Clean Water Act to direct EPA to notify communities of the 
opportunity to prepare integrated plans in the context of 
consent decrees or administrative orders and establish an 
integrated plan as a basis for a request to modify an 
administrative order or consent decree.

Sec. 7204. Green infrastructure promotion

    Section 7204 adds new section 519 to the Clean Water Act to 
direct EPA to ensure that EPA offices promote the integration 
of green infrastructure into permitting programs, planning 
efforts, research, technical assistance, and funding guidance.

Sec. 7205. Financial capability guidance

    At its April 7, 2016 hearing the Committee heard testimony 
about the evaluation of the affordability of measures to 
upgrade wastewater infrastructure. Section 7205 creates 
definitions of affordability and financial capability, and 
prohibits the use of median household income as the sole 
indicator of affordability for a residential household.
    Section 7205 also requires EPA to update its 1997 Financial 
Capability guidance and 2014 Financial Capability Assessment 
Framework, in consultation with interested parties, within one 
year of the completion of a National Academy of Public 
Administration study to establish a definition and framework 
for community affordability required by Senate Report 114-70. 
This section identifies certain elements that EPA must consider 
in updating the Guidance. As the NAPA study is due on December 
18, 2016, the Committee expects EPA to complete action on the 
updated guidance by the end of 2017.

     SUBTITLE C--INNOVATIVE FINANCING AND PROMOTION OF INNOVATIVE 
                              TECHNOLOGIES

Sec. 7301. Water infrastructure public-private partnership pilot 
        program

    Section 7301 amends section 5014(c) of WRRDA 2014 to 
clarify that section 5014 authorizes the Secretary to enter 
into a public-private partnership but does not obligate the 
Secretary to expend funds unless provided for in an 
appropriations act.

Sec. 7302. Water infrastructure finance and innovation

    Section 7302 amends subtitle C of WRRDA 2014, which 
established the Water Infrastructure Finance and Innovation Act 
(WIFIA) loan program.
    Subsection (a) is a technical change to ensure consistent 
terminology is used throughout.
    Subsection (b) makes it clear that projects eligible for 
assistance from EPA include chloride control and projects for 
alternative water supplies to reduce aquifer depletion.
    Subsection (c) authorizes the Secretary or the 
Administrator to allow loan fees to be financed along with the 
loan principal if the applicant is a community of not more than 
10,000 in population. This subsection also makes it clear that 
eligible project costs incurred and in kind contributions made 
before receipt of a WIFIA loan will count towards the 51 
percent of project costs that must be provided from sources 
other than WIFIA.
    Subsection (d) removes the designation of the WIFIA program 
as a pilot, signaling Congress' strong support for this 
program.

Sec. 7303. Water infrastructure investment trust fund

    Section 7303 establishes a trust fund for water 
infrastructure, funded by fees collected for a voluntary 
labeling system, and to be divided equally between 
capitalization grants for the Clean Water and Safe Drinking 
Water State Revolving Funds. This section also requires an EPA 
study on water pricing.
    The Committee believes the Trust Fund should be 
supplemental to other existing sources of water infrastructure 
financing. Accordingly, the water infrastructure trust fund in 
no way is intended to displace federal capitalization of state 
revolving loan funds or WIFIA.
    Further, the Committee notes that the trust fund is funded 
by fees collected on a voluntary basis.

Sec. 7304. Innovative water technology grant program

    At an April 20, 1016 hearing, the EPW Committee received 
testimony about the potential benefits from using innovative 
technologies to address drought and other water supply issues. 
Section 7304 authorizes a new EPA grant program to accelerate 
the development of innovative technologies to address pressing 
water challenges, with a priority for projects that provide 
substantial cost savings, significantly improve human health 
and the environment, or provide additional water supplies with 
minimal environmental impact. The authorization level is $50 
million a year. In addition, this section directs the Secretary 
of the Treasury to transfer $10 million to EPA to allow 
implementation of this new program to begin immediately.

Sec. 7305. Water Resources Research Act amendments

    Section 7305 reauthorizes the Water Resources Research Act 
at $1.5 million for each of fiscal years 2017 through 2021 for 
a total of $7.5 million.

Sec. 7306. Reauthorization of Water Desalination Act of 1996

    Section 7306 reauthorizes the Water Desalination Act of 
1986 at $8 million for each of fiscal years 2017 through 2021, 
for a total of $40 million.

Sec. 7307. National drought resilience guidelines

    Section 7307 directs EPA, in conjunction with the Secretary 
of the Interior, the Secretary of Agriculture, the Director of 
NOAA, and other appropriate Federal agency heads along with 
State and local governments, to develop non-regulatory national 
drought resilience guidelines relating to drought preparedness 
planning and investments for communities, water utilities, and 
other water users and providers.

Sec. 7308. Innovation in Clean Water State Revolving Funds

    Section 7308 amends section 603 of the Clean Water Act to 
make projects that employ innovative technologies eligible for 
additional subsidization under a Clean Water State Revolving 
Fund. This section also authorizes EPA to provide technical 
assistance to facilitate and encourage financial assistance for 
innovative water technologies and requires a report to Congress 
on such assistance and use.

Sec. 7309. Innovation in Drinking Water State Revolving Funds

    Section 7309 amends section 1452 of the Safe Drinking Water 
Act to make projects that employ innovative technologies 
eligible for additional subsidization under a Drinking Water 
State Revolving Fund. This section also authorizes EPA to 
provide technical assistance to facilitate and encourage 
financial assistance for innovative water technologies and 
requires a report to Congress on such assistance and use.

     SUBTITLE D--DRINKING WATER DISASTER RELIEF AND INFRASTRUCTURE 
                              INVESTMENTS

Sec. 7401. Drinking water infrastructure

    (a) Definitions.--Through the definitions in this 
subsection, eligibility for emergency assistance is limited to 
States and public drinking water systems that have been the 
subject of a Presidential declaration of emergency due to the 
presence of lead or other contaminants in a public drinking 
water supply system.
    (b) State Revolving Loan Fund Assistance.--
          (1) Under paragraph (1), a community with a public 
        water supply system that is the subject of an emergency 
        declaration is considered to be a disadvantaged 
        community eligible for additional subsides from Safe 
        Drinking Water Act Revolving Funds, including 
        forgiveness of the principal of a loan, negative 
        interest rate loans, or grants.
          (2) Paragraph (2) authorizes loans to eligible public 
        water supply systems from the state drinking water 
        revolving loan fund to address lead and other 
        contaminants in drinking water, including repair and 
        replacement of private as well as public drinking water 
        infrastructure. This assistance may include principal 
        forgiveness, negative interest rate loans, or grants.
          (3) Paragraph (3) waives the 20% cap on use of 
        funding for principal forgiveness for loans to 
        communities with an emergency.
    (c) Water Infrastructure Financing.--
          (1) Paragraph (1) Authorizes EPA to use the new WIFIA 
        authority to make secured loans.
    Under subparagraph (A) the funding is available for both 
emergency situations related to drinking water contaminants 
under clause (i) and generally for all infrastructure that is 
eligible for WIFIA loans from EPA under clause (ii).
    Under subparagraph (B), for emergency projects only, a 
WIFIA loan may exceed 49% of project costs, but may not exceed 
80% of reasonably anticipated project costs.
          (2) Paragraph (2) provides that any remaining costs 
        for emergency projects (above the 80% covered by the 
        secured loan) may be paid for with an SRF loan.
    (d) Nonduplication of Work.--This subsection prohibits use 
of the authorities under this section to duplicate work that is 
already going on, so it can fill gaps in emergency response 
measures, not displace them.
    (e) Funding.--
          (1) SRF funding.--Paragraph (1) directs the Secretary 
        of the Treasury to transfer $100 million to EPA to 
        immediately provide assistance to States with emergency 
        drinking water situations through the drinking water 
        state revolving fund program. As a condition of 
        receiving the additional funding, a State must 
        supplement its intended use plan to describe how the 
        additional funding will be used to address the 
        emergency. Any funds not obligated after 18 months to 
        address emergencies are to be used to increase funding 
        for the drinking water SRFs of all states, under the 
        allotment formula set in existing law.
          (2) WIFIA funding.--Paragraph (2) directs the 
        Secretary of the Treasury to transfer $70,000,000 to 
        EPA for credit subsidies to allow EPA to immediately 
        make secured loans for infrastructure investments under 
        the WIFIA program. The funding covers the credit risk 
        of secured loans issued under this program. If there is 
        a 10% credit risk, $70,000,000 will support loans of up 
        to $700,000,000. If the credit risk is less, more loans 
        can be made. OMB has estimated a credit risk for WIFIA 
        as low as 1.53% in its FY 2017 budget proposal, which 
        would allow this investment to subsidize up to $4.2 
        billion in loans.
    Subparagraph (B) cross-references the uses of the WIFIA 
funding, for both emergencies and other eligible 
infrastructure.
    Subparagraph (C) prevents $20,000,000 of the funds provided 
under subparagraph (A) from being used for a project that also 
receives funding from tax exempt financing.
          (3) Applicability.--This paragraph makes it clear 
        that the requirements under the Safe Drinking Water Act 
        and WIFIA apply to assistance under this Act, unless 
        specifically waived.
    (f) Health Effects Evaluation.--Subsection (f) directs 
ATSDR to use its current authorities under section 104(i) of 
CERCLA to establish a lead exposure registry for communities 
with drinking water related emergencies and to provide health 
consultations for the citizens of such communities, if 
requested.

Sec. 7402. Loan forgiveness

    Section 7402 lifts the cap on additional subsidies 
applicable to fiscal year 2016 funds if a Federal or State 
emergency declaration has been issued due to a threat to public 
health from heightened exposure to lead in a municipal drinking 
water supply.

Sec. 7403. Registry for Lead Exposure and Advisory Committee

    Section 7403 authorizes the Secretary of Health and Human 
Services to establish a voluntary lead exposure registry using 
ATSDR or another relevant agency, or through a grant or 
contract, applicable to any city whose citizens are exposed to 
lead contamination in drinking water. The Secretary of the 
Treasury is directed to transfer to the Secretary of HHS 
$17,500,000 for this activity.
    Section 7403 also authorizes an advisory committee 
coordinated through CDC or other relevant agencies to review 
federal programs that address lead exposure, and identify 
research needs, best practices, and effective services. The 
Secretary of the Treasury is directed to transfer to the 
Secretary of HHS $2,500,000 for this activity.

Sec. 7404. Additional funding for certain childhood health programs

    Section 7404 directs the Secretary of the Treasury to 
transfer funding for the following authorized programs:
    To CDC, $10,000,000 for the Childhood Lead 
Poisoning Prevention Program authorized under section 317A of 
the Public Health Service Act (42 U.S.C. 247b-1).
    To the Secretary of Housing and Urban Development, 
$10,000,000 to carry out the Healthy Homes Initiative of the 
Department of Housing and Urban Development.
    To the Administrator of Health Resources and 
Service Administration, $10,000,000 to carry out the Healthy 
Start Initiative under section 330H of the Public Health 
Service Act (42 U.S.C. 254c-8).

Sec. 7405. Review and report

    Section 7405 requires a GAO report on the status of ongoing 
investigations into the Flint drinking water situation, and the 
response to that situation.

            SUBTITLE E--REPORT ON GROUNDWATER CONTAMINATION

    Subtitle E addresses a miles-long plume of contaminated 
groundwater emanating from Navy property in Bethpage, New York, 
that is threatening the an aquifer that provides drinking water 
to approximately 250,000 people in Nassau County, New York. 
Under this subtitle, the Navy must provide a report to Congress 
outlining a comprehensive strategy to remediate the plume under 
CERCLA or take corrective action under RCRA. As required under 
those statutes, the Committee expects the Navy to include in 
the report an analysis of alternatives, including alternatives 
that would restore the groundwater resource to beneficial use. 
The Committee understands that, when complying with CERCLA or 
RCRA, the Navy takes action under the Defense Environmental 
Restoration Program (DERP). However, as provided in 10 U.S.C. 
2701(a)(2), nothing in DERP affects the responsibility of the 
Navy under section 120 of CERCLA. Further, nothing in DERP 
affects the responsibility of the Navy under section 6001 of 
RCRA. Accordingly, the Committee expects the alternatives 
evaluated in the report to Congress under this subtitle to be 
based on the requirements of CERCLA and RCRA, which include 
consideration of cost-effectiveness and practicability, but not 
availability of funding.
    The Committee is aware that the New York State legislature 
passed legislation in 2014 requiring the State Department of 
Environmental Conservation to conduct an evaluation of options 
for intercepting and remediating the plume. The Committee 
expects the Navy to consider the recommendations of the State 
report and to consult with the State of New York and local 
water districts when preparing the report and strategy for 
remediation required by this subtitle. Nothing in this subtitle 
affects the jurisdiction of the State Department of 
Environmental Conservation, as the lead agency for the 
addressing contamination from the Navy Bethpage property, to 
select remedies at this site or to modify any previously 
adopted remedies.

                        SUBTITLE F--RESTORATION

    This subtitle includes the text of three bills, as they 
were reported by the Committee on January 20, 2016.

               PART I--GREAT LAKES RESTORATION INITIATIVE

    Part I consists of the text of S. 1024, which authorizes 
$300 million a year for each of fiscal years 2017 through 2021, 
for a total of $1.5 billion, for the Great Lakes Restoration 
Initiative, as described in S. Rept. 114-211.

                    PART II--LAKE TAHOE RESTORATION

    Part II consists of the text of S. 1724, which reauthorizes 
the Lake Tahoe Restoration Act at $415 million over the next 10 
years, as described in S. Rept. 114-256.

                PART III--LONG ISLAND SOUND RESTORATION

    Part III consists of the text of S. 1674, which 
reauthorizes the Long Island Sound Restoration program, 
authorizing a total of $65 million a year in grants for each of 
fiscal years 2016 through 2020, as described in S. Rept. 114-
212.

                           SUBTITLE G--OFFSET

Sec. 7701. Offset

    Section 7701 prohibits new loan commitments under the 
Advanced Technology Vehicles Manufacturing (ATVM) loan program 
after October 1, 2020. This prohibition reduces direct spending 
by $300 million, which, in addition to other provisions in the 
bill, more than offsets the direct spending and other revenue 
impacts in S. 2848.

                          Legislative History

    S. 2848, the Water Resources Development Act of 2016, was 
introduced by Sen. James M. Inhofe and Sen. Barbara Boxer on 
April 25, 2016. The bill was received, read twice, and referred 
to the Committee on Environment and Public Works. On April 28, 
2016, the full Committee on Environment and Public Works met to 
consider the bill. A manager's amendment making technical and 
non-controversial changes to the bill was adopted by voice 
vote. The bill, as amended, was ordered reported favorably by a 
rollcall vote of 19 to 1.

                                Hearings

    The Committee held four hearings this Congress on issues 
addressed in the Water Resources Development Act of 2016.
     February 10, 2016, Full Committee Hearing 
entitled, ``The Importance of Enacting a Water Resources 
Development Act.''
     March 16, 2016, Full Committee Hearing entitled, 
``The Water Resources Development Act--Policies and Projects.''
     April 7, 2016, Full Committee Hearing entitled, 
``The Federal Role in Keeping Water and Wastewater 
Infrastructure Affordable.''
     April 20, 2016, Full Committee Hearing entitled, 
``New Approaches and Innovative Technologies to Improve Water 
Supply.''

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 2848 on April 28, 2016. A manager's amendment 
making technical and non-controversial changes to the bill was 
adopted by voice vote. The bill, as amended, was ordered 
reported favorably by a rollcall vote of 19 to 1.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee finds that any 
regulatory impacts would be minimal. While S. 2848 requires 
owners and operators of public water systems to notify the 
public when measurements of lead in drinking water exceed safe 
levels prescribed by federal regulations under the Safe 
Drinking Water Act, most public water systems currently provide 
notices to the public when levels of lead and other regulated 
contaminants exceed allowable levels so the Congressional 
Budget Office estimates that the incremental cost of making the 
notifications required by the bill would be small. In addition, 
while S. 2848 requires owners and operators of watercraft 
launched in the waters of the Lake Tahoe Basin to submit their 
watercraft for inspection before launching in waters of the 
Lake Tahoe Basin, because the Tahoe Regional Planning Agency 
currently subjects watercraft to inspection requirements most 
owners and operators would already be in compliance with the 
bill's requirement and the Congressional Budget Office 
estimates that the cost to comply with the inspection 
requirements under the bill would be negligible. The Committee 
finds that S. 2848 will not cause any adverse impact on the 
personal privacy of individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the Committee notes that the Congressional 
Budget Office found that the aggregate costs of the mandates in 
S. 2848 would fall below the annual thresholds established in 
UMRA for intergovernmental and private-sector mandates ($77 
million and $154 million in 2016, respectively, adjusted 
annually for inflation). The bill also would authorize federal 
grant, technical assistance, and loan programs that would 
benefit state, local, and tribal governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                                     June 17, 2016.
Hon. Jim Inhofe,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2848, the Water 
Resources Development Act of 2016.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Aurora 
Swanson.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

S. 2848--Water Resources Development Act of 2016

    Summary: S. 2848 would authorize the U.S. Army Corps of 
Engineers (Corps) to construct projects to mitigate storm and 
hurricane damage, to improve navigation and flood management, 
and to assist state and local governments with safety programs 
for dams and levees. The bill also would authorize the 
Environmental Protection Agency (EPA) to provide grants and 
loans to state and local governments, public water systems, and 
nonprofit organizations to support a wide range of water 
quality projects and programs.
    CBO estimates that implementing this legislation would cost 
about $4.8 billion over the next five years and $10.6 billion 
over the 2017-2026 period, assuming appropriation of the 
authorized and necessary amounts.
    In addition, CBO estimates that enacting the bill would 
reduce direct spending by $59 million over the 2017-2026 period 
and the staff of the Joint Committee on Taxation (JCT) 
estimates that enacting the bill would reduce revenues by $53 
million over that same period. Because enacting S. 2848 would 
affect direct spending and revenues, pay-as-you-go procedures 
apply. CBO estimates that enacting the bill would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    S. 2848 would impose intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
Because the number of affected entities and the cost of 
compliance would probably be small, CBO expects that the costs 
of the mandates would fall below the annual thresholds 
established in UMRA for intergovernmental and private-sector 
mandates ($77 million and $154 million in 2016, respectively, 
adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary effects of S. 2848 are shown in Table 1. The costs of 
this legislation fall within budget function 300 (natural 
resources and environment).

                              TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF S. 2848, THE WATER RESOURCES DEVELOPMENT ACT OF 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         By fiscal year, in millions of dollars--
                                ------------------------------------------------------------------------------------------------------------------------
                                   2016     2017     2018     2019     2020     2021     2022     2023     2024     2025     2026   2016-2021  2016-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Estimated Authorization Level..        0    1,262    1,405    1,591    1,724    1,901      635      707      767      734      775     7,883     11,501
Estimated Outlays..............        0      395      591      942    1,245    1,666    1,574    1,308    1,132      896      869     4,838     10,618
 
                                                      INCREASES OR DECREASES (-) IN DIRECT SPENDING
 
Estimated Budget Authority.....      -31      269        *        *        *        *        *        *        *        *        *       238        238
Estimated Outlays..............      -31       44       90       69       21      -42      -42      -42      -42      -42      -42       152        -59
 
                                                                  DECREASES IN REVENUES
 
Estimated Revenues.............        0       -1       -1       -2       -3       -4       -6       -7       -8      -10      -11       -11        -53
 
                                  NET INCREASE OR DECREASE (-) IN DEFICITS FROM CHANGES IN DIRECT SPENDING AND REVENUES
 
Estimated Effect on the Deficit      -31       45       91       71       24      -38      -36      -35      -34      -32      -31       163        -6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Amounts may not sum to totals because of rounding; * = between zero and $500,000.

    Basis of Estimate: For this estimate, CBO assumes that S. 
2848 will be enacted near the end of fiscal year 2016 and that 
the authorized and necessary amounts will be appropriated for 
each fiscal year. Estimates of amounts necessary to implement 
the bill are based on information from the Corps, EPA, and 
other agencies; estimated outlays are based on historical 
spending patterns for similar projects and programs. Major 
components of the estimated costs are described below.

Spending Subject to Appropriation

    CBO estimates that S. 2848 would authorize appropriations 
totaling about $11.5 billion over the 2017-2026 period for 
water infrastructure projects and grant programs administered 
by the Corps and EPA. We estimate that implementing those 
provisions would cost $10.6 billion over the 2017-2026 period 
(see Table 2).

                TABLE 2.--ESTIMATED EFFECTS ON SPENDING SUBJECT TO APPROPRIATION OF S. 2848, THE WATER RESOURCES DEVELOPMENT ACT OF 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             By fiscal year, in millions of dollars--
                                         ---------------------------------------------------------------------------------------------------------------
                                            2017     2018     2019     2020     2021     2022     2023     2024     2025     2026   2017-2021  2017-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Title VII: Safe Drinking Water and Clean
 Water Infrastructure:
    Estimated Authorization Level.......    1,042    1,162    1,212    1,262    1,362       92       92       92       92       92     6,038      6,495
    Estimated Outlays...................      272      395      672      892    1,242    1,105      791      552      295      240     3,473      6,456
Title VI: Water Resources
 Infrastructure:
    Estimated Authorization Level.......       70       98      196      236      290      335      426      488      497      541       890      3,177
    Estimated Outlays...................       28       60      118      175      226      276      338      402      443      481       607      2,548
Title II: Navigation:
    Estimated Authorization Level.......       54       56       72       80       89       95       74       71       66       68       351        725
    Estimated Outlays...................       38       55       67       77       87       93       81       72       68       67       324        705
Title III: Dam and Levee Safety:
    Estimated Authorization Level.......       21       21       41       57       77       78       78       78       60       60       217        571
    Estimated Outlays...................       11       17       20       25       34       46       58       69       62       59       108        401
Title IV: River Basins, Watersheds, and
 Coastal Areas:
    Estimated Authorization Level.......       37       30       31       50       52       20       21       21        4        4       200        269
    Estimated Outlays...................       20       29       28       38       45       32       24       22       13        8       160        259
Other Provisions:
    Estimated Authorization Level.......       39       39       39       39       31       16       16       16       17       11       187        263
Estimated Outlays                              25       34       37       38       32       21       17       16       16       14       166        249
    Total Costs:
        Estimated Authorization Level...    1,262    1,405    1,591    1,724    1,901      635      707      767      734      775     7,883     11,501
        Estimated Outlays...............      395      591      942    1,245    1,666    1,574    1,308    1,132      896      869     4,838    10,618
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Amounts may not sum to totals because of rounding.

    Title VII: Safe Drinking Water and Clean Water 
Infrastructure. CBO estimates that implementing title VII would 
cost about $6.5 billion over the 2017-2026 period, assuming 
appropriation of the necessary amounts. The legislation would 
authorize the appropriation of the following amounts for water 
infrastructure and conservation programs, with the bulk 
authorized for 2017 through 2021:
           $1.8 billion for EPA to make grants to help 
        municipalities address the cost of controlling sewer 
        overflows and stormwater discharges;
           $1.5 billion for EPA to support the Great 
        Lakes Restoration Initiative;
           $1.43 billion for EPA to make grants to 
        assist small and disadvantaged communities with the 
        cost of complying with drinking water regulations.
           $500 million for EPA to make grants to 
        public water systems and other entities to develop 
        innovative water technologies;
           $415 million for several federal agencies to 
        perform ecological restoration activities in the Lake 
        Tahoe Basin;
           $325 million to support conservation and 
        research activities for Long Island Sound;
           $300 million for EPA to make grants to 
        public water systems to fund projects, such as 
        replacing service lines, that reduce lead in drinking 
        water;
           $125 million for EPA to provide technical 
        assistance grants to small and medium water treatment 
        works; and
           $100 million for EPA to make grants to fund 
        lead testing programs in schools and child care 
        centers.
    Title VI: Water Resources Infrastructure. CBO estimates 
that implementing title IV would cost about $2.5 billion over 
the 2017-2026 period, assuming appropriation of estimated 
amounts and accounting for anticipated inflation. This title 
would authorize the Corps to construct 27 new projects and 
would modify the existing authorization of another five 
projects; those projects would aim to improve the nation's 
navigation system, strengthen flood-risk management, and 
restore the environment. Based on information from the Corps, 
CBO estimates that the total cost to complete those projects 
would be $10.5 billion over the next 15 years and beyond. S. 
2848 would authorize the appropriation of $5.8 billion to cover 
the federal share of those costs and nonfederal entities would 
be responsible for the remaining share, totaling an estimated 
$4.7 billion.
    To estimate the federal costs of those projects, CBO used 
information from the Corps about when construction for each 
project would begin, how long it would take to complete each 
project, and what funding would be necessary to complete each 
project over the anticipated construction period. Because of 
the size and complexity of some Corps projects, larger projects 
can take several years to commence and more than ten years to 
complete. CBO estimates that the federal share of the projects 
and modifications authorized by this title would require the 
appropriation of about $3.2 billion over the 2017-2026 period; 
the remainder of the federal share to complete the projects 
would be needed after 2026.
    The estimated cost of the five largest projects authorized 
by S. 2848 totals $6.9 billion; the federal share would total 
about $3.5 billion. Those projects are:
           The Central Everglades Planning Project to 
        restore the Everglades in central and southern Florida 
        ($1 billion);
           The American River Watershed Common Features 
        project to reduce the risk of floods along the American 
        and Sacramento Rivers near Sacramento, California ($880 
        million);
           The West Sacramento project to reduce the 
        risk of floods in the City of West Sacramento, 
        California ($780 million);
           The West Shore Lake Pontchartrain project to 
        reduce the risk of hurricane and storm damages in St. 
        Charles, St. John the Baptist and St. James Parishes in 
        Louisiana ($480 million); and
           The Los Angeles River Ecosystem Restoration 
        project to restore ecosystems along the Los Angeles 
        River in Los Angeles County, California ($380 million).
    Assuming appropriation of the necessary amounts, CBO 
estimates that about $1.1 billion of those costs would be 
incurred over the 2017-2026 period. Based on information from 
the Corps, CBO estimates that construction costs for the other 
22 projects and 5 modifications authorized by the bill would 
total about $1.4 billion over the next 10 years.
    Title II: Navigation. CBO estimates that implementing title 
II would cost $705 million over the 2017-2026 period, assuming 
appropriation of the necessary amounts.
    Title II would increase from 50 percent to 75 percent the 
federal share of project costs for dredging coastal and inland 
harbors to depths between 45 feet and 50 feet. Under current 
law, the federal share of the cost for dredging to depths 
between 20 feet to 45 feet is 75 percent and for dredging 
beyond 45 feet, 50 percent. Under the bill, the federal cost 
share for the portion of dredging between 45 feet to 50 feet 
would increase to 75 percent. Based on information from the 
Corps, eight dredging projects would be affected by this 
provision. The total estimated cost for those projects is $3.7 
billion. Under the bill, the federal share of those costs would 
increase by about $430 million over the 2017-2026 period, 
including adjustments for anticipated inflation. (Nonfederal 
costs for those projects would decrease by a corresponding 
amount.)
    Title II also would authorize the appropriation of $25 
million each year for dredging along the lower half of 
Mississippi River at shallow draft ports that require depths of 
14 feet or less to operate. Finally, this title would direct 
the Corps to prepare a report on potential transportation 
savings that would result from maintaining harbors at their 
required width and depth for each Corps project. CBO estimates 
that implementing those provisions would cost $275 million over 
the 2017-2026 period.
    Title III--Dam and Levee Safety. CBO estimates that 
implementing title III would cost about $400 million over the 
2017-2026 period, assuming appropriation of the necessary 
amounts.
    S. 2848 would authorize the appropriation of $435 million 
over 10 years for a new program within the Federal Emergency 
Management Agency (FEMA) to provide grants to states to 
rehabilitate dams that would pose unacceptable risks to the 
public. Based on information provided by FEMA, CBO estimates 
that implementing that provision would cost $265 million over 
the 2017-2026 period.
    The bill also would authorize the appropriation of $125 
million for mitigating hurricane and storm damage by restoring 
levees at certain facilities to address subsiding land and 
rising sea levels. Under current law, the Corps' authority to 
perform those activities expires in 2024; CBO assumes that the 
authorized amounts would be provided before 2024 in equal 
amounts over the next eight years. Accounting for anticipated 
inflation, CBO estimates that restoring eligible levees would 
cost $136 million over the 2017-2026 period.
    Title IV--River Basins, Watersheds, and Coastal Areas. CBO 
estimates that implementing title IV would cost about $260 
million over the 2017-2026 period, assuming appropriation of 
the necessary amounts and accounting for anticipated inflation.
    S. 2848 would authorize the appropriation of $172 million 
for several activities including restoring ecosystems along the 
Columbia River in Oregon and Washington; mitigating flood 
damage arising from ice jams in the Upper Missouri River Basin; 
restoring fish and oyster habitat in the Chesapeake Bay 
tributaries of Virginia and Maryland; rehabilitating fish and 
wildlife habitat along the Rio Grande in Colorado, New Mexico, 
and Texas; and developing a plan for oyster bed recovery in 
Alabama, Florida, Louisiana, Mississippi, and Texas. Based on 
information from the Corps, CBO estimates that those activities 
would cost $178 million over the 2017-2026 period.
    Title IV also would authorize the Corps to assess coastal 
regions in the United States for the risks of flooding and 
erosion areas. According to information from the Corps, there 
are five coastal regions in the United States that would 
qualify for such an assessment. CBO estimates that each 
assessment would cost $8 million. Assuming appropriation of the 
necessary amounts and accounting for anticipated inflation, CBO 
estimates that implementing this provision would cost $42 
million over the 2017-2026 period.
    This title also would authorize the Corps to provide 
assistance to Indian families displaced by construction of the 
Bonneville Dam that have not already received assistance. Based 
on information from the Corps, CBO estimates that there are at 
least 40 families that would qualify for assistance. Assistance 
provided to Indian families a few years ago in a similar 
situation totaled about $750,000 per family. Assuming a similar 
level of assistance, and accounting for anticipated inflation, 
CBO estimates that implementing the provision would cost $31 
million over the 2017-2026 period.
    Finally, the bill would authorize the Corps to conduct 
studies and develop plans to:
           Assess the number of tribal families 
        displaced by the John Day Dam on the border of Oregon 
        and Washington;
           Assess the feasibility of including 
        navigation as an authorized purpose for the Columbia 
        and lower Willamette Rivers in Washington and Oregon;
           Develop a plan in collaboration with the 
        Bureau of Reclamation to manage sediment removal at 
        reservoirs along the Missouri River; and
           Assess the feasibility of carrying out 
        projects to reduce the risk of flooding in the Upper 
        Mississippi and Illinois River Basins.
    Based on information from the Corps, CBO estimates that 
completing those studies would cost $9 million over the 2017-
2026 period.
    Other Provisions. CBO estimates that implementing the 
remaining provisions in the bill would cost about $250 million 
over the 2017-2026 period, assuming the appropriation of 
authorized and estimated amounts. Those provisions would:
           Reauthorize the Water Resources Research 
        Act, which allows federal agencies to provide grants to 
        colleges and universities to support research to 
        improve water supply, address water problems, and train 
        researchers;
           Reauthorize the Water Desalination Act of 
        1986, which supports the research and development of 
        technologies to reduce the cost of water desalination;
           Require federal agencies to produce a 
        variety of studies and reports on water-related issues;
           Increase the authorization of appropriations 
        by an estimated $95 million for an ongoing project to 
        expand the wastewater infrastructure in Desoto County, 
        Mississippi; and
           Direct the Corps to develop a system to 
        monitor the condition of infrastructure it maintains.

Changes in Direct Spending

    On net, CBO estimates that enacting S. 2848 would decrease 
direct spending by $59 million over the 2017-2026 period (see 
Table 3).
    Several provisions, taken together, would increase direct 
spending by $270 million over the 2017-2026 period because they 
would appropriate to EPA and other agencies:
           $100 million to provide grants through EPA's 
        State Revolving Fund program to assist states with 
        drinking water emergencies;
           $70 million to subsidize loans to eligible 
        entities under the Water Infrastructure Finance and 
        Innovation Act (WIFIA) for water infrastructure 
        projects;
           $50 million to provide grants to help small 
        and disadvantaged communities comply with drinking 
        water standards, address combined sewer overflows, and 
        develop innovative water technologies;
           $30 million to provide grants through 
        several programs to reduce lead exposure among 
        children; and
           $20 million to develop a national lead 
        exposure registry.
    Another provision would reduce direct spending by $300 
million over the 10-year period by permanently prohibiting, 
after 2020, the Department of Energy from obligating existing 
balances available to cover the subsidy costs of loans issued 
through the Advanced Technology Vehicle Manufacturing program.
    Finally, based on information from the Corps, CBO estimates 
that enacting three other provisions in the bill would decrease 
net direct spending by $29 million over the 2017-2026 period. 
Those provisions would:
           Require the Trinity River Authority in Texas 
        to repay $31 million owed to the federal government in 
        a lump sum by the end of fiscal year 2016;
           Direct the Corps to enter into agreements 
        with nonfederal entities to jointly manage parks and 
        recreational facilities and allow those entities to 
        collect fees that the Corps currently remits to the 
        Treasury (totaling about $4 million) and to spend those 
        fees for operation and maintenance expenses at those 
        sites; and
           Direct the Corps to transfer land adjacent 
        to Sardis Lake in Mississippi to a nonfederal entity in 
        exchange for the market value of the land, which has an 
        estimated value of $1 million.

                   TABLE 3.--ESTIMATED EFFECT ON DIRECT SPENDING AND REVENUES OF S. 2848, THE WATER RESOURCES DEVELOPMENT ACT OF 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         By fiscal year, in millions of dollars--
                                ------------------------------------------------------------------------------------------------------------------------
                                   2016     2017     2018     2019     2020     2021     2022     2023     2024     2025     2026   2016-2021  2016-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      INCREASES OR DECREASES (-) IN DIRECT SPENDING
 
SRF Capitalization Grants:
    Estimated Budget Authority.        0      100        0        0        0        0        0        0        0        0        0       100        100
    Estimated Outlays..........        0       10       50       40        0        0        0        0        0        0        0       100        100
WIFA Loan Credit Subsidy:
    Estimated Budget Authority.        0       70        0        0        0        0        0        0        0        0        0        70         70
    Estimated Outlays..........        0        5        6        7        7        8        8        8        8        8        8        33         70
Community Grants:
    Estimated Budget Authority.        0       50        0        0        0        0        0        0        0        0        0        50         50
    Estimated Outlays..........        0        6       14       16       14        0        0        0        0        0        0        50         50
Childhood Lead Exposure
 Prevention Programs:
    Estimated Budget Authority.        0       30        0        0        0        0        0        0        0        0        0        30         30
    Estimated Outlays..........        0       11       15        4        0        0        0        0        0        0        0        30         30
National Lead Exposure
 Registry:
    Estimated Budget Authority.        0       20        0        0        0        0        0        0        0        0        0        20         20
    Estimated Outlays..........        0       13        5        2        0        0        0        0        0        0        0        20         20
Advanced Technology Vehicle
 Manufacturing Program:
    Estimated Budget Authority.        0        0        0        0        0        0        0        0        0        0        0         0          0
    Estimated Outlays..........        0        0        0        0        0      -50      -50      -50      -50      -50      -50       -50       -300
Other Provisions:
    Estimated Budget Authority.      -31       -1        *        *        *        *        *        *        *        *        *       -31        -28
    Estimated Outlays..........      -31       -1        *        *        *        *        *        *        *        *        *       -31        -29
    Total Change in Direct
     Spending:
    Estimated Budget Authority.      -31      269        *        *        *        *        *        *        *        *        *       239        242
    Estimated Outlays..........      -31       44       90       69       21      -42      -42      -42      -42      -42      -42       152        -59
 
                                                                  DECREASES IN REVENUES
 
    Estimated Revenues.........        0       -1       -1       -2       -3       -4       -6       -7       -8      -10      -11       -11        -53
 
                                  NET INCREASE OR DECREASE (-) IN DEFICITS FROM CHANGES IN DIRECT SPENDING AND REVENUES
 
Estimated Effect on the Deficit      -31       45       91       71       24      -38      -36      -35      -34      -32      -31       163        -6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: Amounts may not sum to totals because of rounding; SRF = State Revolving Fund; WIFIA = Water Infrastructure Finance and Innovation Act; * =
  between zero and $500,000.

Revenues

    JCT expects that some of the funds authorized and 
appropriated in S. 2848 for grants to capitalize State 
Revolving Funds and direct loans under the WIFIA program would 
be used by state and local governments to leverage additional 
funds by issuing tax-exempt bonds. JCT estimates that the 
issuance of additional tax-exempt bonds would reduce federal 
revenues by $53 million over the 2017-2026 period, as shown in 
Table 3.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays and revenues that are 
subject to those pay-as-you-go procedures are shown in Table 4.

 TABLE 4.--CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS OF S. 2848, THE WATER RESOURCES DEVELOPMENT ACT OF 2016, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON
                                                     ENVIRONMENT AND PUBLIC WORKS ON APRIL 28, 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         By fiscal year, in millions of dollars--
                                ------------------------------------------------------------------------------------------------------------------------
                                   2016     2017     2018     2019     2020     2021     2022     2023     2024     2025     2026   2016-2021  2016-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact.      -31       45       91       71       24      -38      -36      -35      -34      -32      -31       163         -6
Memorandum:
    Changes in Outlays.........      -31       44       90       69       21      -42      -42      -42      -42      -42      -42       152        -59
    Changes in Revenues........        0       -1       -1       -2       -3       -4       -6       -7       -8      -10      -11       -11        -53
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long-term net direct spending and deficits: CBO 
estimates that enacting the bill would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2027.
    Intergovernmental and private-sector impact: The bill would 
impose intergovernmental and private-sector mandates as defined 
in UMRA; however, CBO estimates that the aggregate costs of the 
mandates would fall below the annual thresholds established in 
UMRA for intergovernmental and private-sector mandates ($77 
million and $154 million in 2016, respectively, adjusted 
annually for inflation). The bill also would authorize federal 
grant, technical assistance, and loan programs that would 
benefit state, local, and tribal governments.

Mandates that apply to both public and private entities

    The bill would impose a mandate on owners and operators of 
public water systems by requiring those entities to notify the 
public when measurements of lead in drinking water exceed safe 
levels prescribed by federal regulations under the Safe 
Drinking Water Act. Information from public water systems, 
state agencies, and EPA indicates that most public water 
systems currently provide notices to the public when levels of 
lead and other regulated contaminants exceed allowable levels. 
Therefore, CBO estimates that the incremental cost of making 
the notifications required by the bill would be small.
    The bill also would impose a mandate on owners and 
operators of watercraft launched in the waters of the Lake 
Tahoe Basin. The bill would require those owners and operators 
to submit their watercraft for inspection before launching in 
waters of the Lake Tahoe Basin. Because the Tahoe Regional 
Planning Agency currently subjects watercraft to inspection 
requirements, most owners and operators would already be in 
compliance with the bill's requirements. Therefore, CBO 
estimates that the cost to comply with the inspection 
requirements under the bill would be negligible.

Other effects on public entities

    The bill would benefit state, local, and tribal governments 
by authorizing federal grant and loan programs to improve water 
infrastructure and reduce contaminants such as lead in drinking 
water systems. The bill also would benefit those governments by 
providing greater flexibility in the administration and 
financing of water infrastructure projects supported by EPA and 
the Corps through State Revolving Funds and other federal 
programs. Any costs incurred by those entities, including 
matching contributions for federal grants and loan repayments, 
would be incurred voluntarily.
    The bill would benefit state, local, and tribal 
governments, as well as public institutions of higher 
education, that participate in federal conservation programs 
for the Great Lakes and Long Island Sound. The bill also would 
benefit state, local and tribal governments in California and 
Nevada by authorizing federal grants and technical assistance 
for fire prevention, forest management activities, and 
environmental improvement projects located in the Lake Tahoe 
Basin. Finally, the bill would authorize conveyances of federal 
land to California and Nevada. Any costs to those entities, 
including matching contributions, would be incurred 
voluntarily.
    Estimate prepared by: Federal spending: Aurora Swanson and 
Jon Sperl; Federal revenues: Staff of the Joint Committee on 
Taxation; Impact on State, Local, and Tribal Governments: Jon 
Sperl; Impact on the Private Sector: Amy Petz.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *


WATER RESOURCES DEVELOPMENT ACT OF 1986

           *       *       *       *       *       *       *



SEC. 101. HARBORS.

      (a) Constructon.--
          (1) Payments during construction.--The non-Federal 
        interests for a navigation project for a harbor or 
        inland harbor, or any separable element thereof, on 
        which a contract for physical construction has not been 
        awarded before [the date of enactment of this Act] the 
        date of enactment of the Water Resources Reform and 
        Development Act of 2014 (Public Law 113-121; 128 Stat. 
        1193) shall pay, during the period of construction of 
        the project, the following costs associated with 
        general navigation features:
                  (A) 10 percent of the cost of construction of 
                the portion of the project which has a depth 
                not in excess of 20 feet; plus
                  (B) 25 percent of the cost of construction of 
                the portion of the project which has a depth is 
                excess of 20 feet but not in excess of [45 
                feet] 50 feet; plus
                  (C) 50 percent of the cost of construction of 
                the portion of the project which has a depth in 
                excess of [45 feet] 50 feet.

           *       *       *       *       *       *       *


SEC. 102. INLAND WATERWAY TRANSPORTATION.

  (a) Construction.--One-half of the costs of construction--
          (1) of each project authorized by title III of this 
        Act,
          (2) of the project authorized by section 1103(j) of 
        this Act, and
          (3) allocated to inland navigation for the project 
        authorized by section 844 of this Act,
shall be paid only from amounts appropriated from the general 
fund of the Treasury. One-half of such costs shall be paid only 
from amounts appropriated from the Inland Waterways Trust Fund. 
For purposes of this subsection, the term ``contruction'' shall 
include planning, designing, engineering, surveying, the 
acquisition of all lands, easements, and rights-of-way 
necessary for the project, including lands for disposal of 
dredged material, and relocations necessary for the project.
  (b) Operaton and Maintenance.--The Federal share of the cost 
of operation and maintenance of any project for navigation on 
the inland waterways is 100 percent.
  (c) Floodgates on the Inland Waterways.--
          (1* * *

           *       *       *       *       *       *       *

          (3) Credit or reimbursement.--The Federal share of 
        operation and maintenance carried out by a non-Federal 
        interest under this subsection after the date of 
        enactment of the Water Resources Reform and Development 
        Act of 2014 shall be eligible for reimbursement or for 
        credit toward--
                  (A) the non-Federal share of future operation 
                and maintenance under this subsection; or
                  (B) any measure carried out by the Secretary 
                under section 3017(a) of the Water Resources 
                Reform and Development Act of 2014 (33 U.S.C. 
                3303a note; Public Law 113-121).

           *       *       *       *       *       *       *


FEASIBILITY STUDIES; PLANNING, ENGINEERING, AND DESIGN.

  (a) Feasibility Studies.--
          (1) Cost sharing.--
                  [(A) In general.-- The Secretary]
                  (A) Requirement.--
                          (i) In general.--Except as provided 
                        in clause (ii), the Secretary''shall 
                        not initiate any feasibility study for 
                        a water resources project after 
                        November 17, 1986, until appropriate 
                        non-Federal interests agree, by 
                        contract, to contribute 50 percent of 
                        the cost of the study.]
                          (ii) Exception.--For the purpose of 
                        meeting or otherwise communicating with 
                        prospective non-Federal sponsors to 
                        identify the scope of a potential water 
                        resources project feasibility study, 
                        identifying the Federal interest, 
                        developing the cost sharing agreement, 
                        and developing the project management 
                        plan, the first $100,000 of the 
                        feasibility study shall be a Federal 
                        expense.

           *       *       *       *       *       *       *


SEC. 203. STUDIES OF PROJECTS BY NON-FEDERAL INTERESTS.

  (a) Submission to Secretary.--A non-Federal interest may on 
its own undertake a feasibility study of a proposed harbor or 
inland harbor project and submit it to the Secretary. To assist 
non-Federal interests, the Secretary shall, as soon as 
practicable, promulgate guidelines for studies of harbors or 
inland harbors to provide sufficient information for the 
formulation of studies.
  (b) Review by Secretary.--The Secretary shall review each 
study submitted under subsection (a) for the purpose of 
determining whether or not such study and the process under 
which such study was developed comply with Federal laws and 
regulations applicable to feasibility studies of navigation 
projects for harbors or inland harbors.
  (c) Submission to Congress.--Not later than 180 days after 
receiving any study submitted under subsection (a), the 
Secretary shall transmit to the Congress, in writing, the 
results of such review and any recommendations the Secretary 
may have concerning the project described in such plan and 
design.
  (d) Credit and Reimbursement.--If a project for which a study 
has been submitted under subsection (a) is authorized by any 
provision of Federal law enacted after the date of such 
submission, the Secretary shall credit toward the non-Federal 
share of the cost of construction of such project an amount 
equal to the portion of the cost of developing such study that 
would be the responsibility of the United States if such study 
were developed by the Secretary.
  (e) Technical Assistance.--On the request of a non-Federal 
interest, the Secretary may provide technical assistance 
relating to any aspect of the feasibility study if the non-
Federal interest contracts with the Secretary to pay all costs 
of providing the technical assistance.

           *       *       *       *       *       *       *


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

  [(a) Water Resources Development Project Defined.--In this 
section, the]
  (a) Definitions.--In this section:
          (1) Discrete segment.--The term `discrete segment', 
        with respect to a project, means a physical portion of 
        the project, as described in design documents, that is 
        environmentally acceptable, is complete, will not 
        create a hazard, and functions independently so that 
        the non-Federal sponsor can operate and maintain the 
        discrete segment in advance of completion of the total 
        project or separable element of the project.
          (2) Water resources development project.--The term 
        ``water resources development project'' means a project 
        recommendation that results from--
          [(1)]
                  (A) a feasibility report, as such term is 
                defined in section 7001(f) of the Water 
                Resources Reform and Development Act of 2014;
          [(2)]
                  (B) a completed feasibility study developed 
                under section 203; or
          [(3)]
                  (C) a final feasibility study for water 
                resources development and conservation and 
                other purposes that is specifically authorized 
                by Congress to be carried out by the Secretary.
  (b) Authority.--
          (1) In general.--A non-Federal interest may carry out 
        a water resources development [project, or separable 
        element thereof] project, separable element, or 
        discrete segment of a project--
                  (A) in accordance with a plan approved by the 
                Secretary for the [project or separable 
                element] project, separable element, or 
                discrete segment; and
                  (B) subject to any conditions that the 
                Secretary may require, including any conditions 
                specified under section 203(c)(3).
          (2) Conditions.-- Before carrying out a water 
        resources development [project, or separable element 
        thereof,] project, separable element, or discrete 
        segment of a project under this section, a non-Federal 
        interest shall--
                  (A) obtain any permit or approval required in 
                connection with the [project or separable 
                element] project, separable element, or 
                discrete segment under Federal or State law; 
                and
                  (B) ensure that a final environmental impact 
                statement or environmental assessment, as 
                appropriate, for the [project or separable 
                element] project, separable element, or 
                discrete segment has been filed.
  (c) Studies and Engineering.--When requested by an 
appropriate non-Federal interest, the Secretary may undertake 
all necessary studies and engineering for any construction to 
be undertaken under subsection (b), and provide technical 
assistance in obtaining all necessary permits for the 
construction, if the non-Federal interest contracts with the 
Secretary to furnish the United States funds for the studies, 
engineering, or technical assistance in the period during which 
the studies and engineering are being conducted.
  (d) Credit or Reimbursement.--
          (1) General rule.--Subject to paragraph (3), a 
        [project or separable element] project, separable 
        element, or discrete segment of a project carried out 
        by a non-Federal interest under this section shall be 
        eligible for credit or reimbursement for the Federal 
        share of work carried out on a [project or separable 
        element] project, separable element, or discrete 
        segment of a project if--
                  (A) before initiation of construction of the 
                [project or separable element] project, 
                separable element, or discrete segment--
                          (i) the Secretary approves the plans 
                        for construction of the [project or 
                        separable element] project, separable 
                        element, or discrete segment of the 
                        project by the non-Federal interest;
                          (ii) the Secretary determines, before 
                        approval of the plans, that the 
                        [project or separable element] project, 
                        separable element, or discrete segment 
                        of the project is feasible; and
                          (iii) the non-Federal interest enters 
                        into a written agreement with the 
                        Secretary under section 221 of the 
                        Flood Control Act of 1970 (42 U.S.C. 
                        1962d-5b), including an agreement to 
                        pay the non-Federal share, if any, of 
                        the cost of operation and maintenance 
                        of the project; and
                  (B) the Secretary determines that all Federal 
                laws and regulations applicable to the 
                construction of a water resources development 
                project, and any conditions identified under 
                subsection (b)(1)(B), were complied with by the 
                non-Federal interest during construction of the 
                [project or separable element] project, 
                separable element, or discrete segment of the 
                project.
          (2) Application of credit.--The Secretary may apply 
        credit toward--
                  (A) the non-Federal share of authorized 
                separable elements of the same project; or
                  (B) subject to the requirements of this 
                section and section 1020 of the Water Resources 
                Reform and Development Act of 2014, at the 
                request of the non-Federal interest, the non-
                Federal share of a different water resources 
                development project.
          (3) Requirements.--The Secretary may only apply 
        credit or provide reimbursement under paragraph (1) 
        if--
                  (A) Congress has authorized construction of 
                the [project or separable element] project, 
                separable element, or discrete segment of the 
                project; and
                  (B) the Secretary certifies that the 
                [project] project, separable element, or 
                discrete segment has been constructed in 
                accordance with--
                          (i) all applicable permits or 
                        approvals; and
                          (ii) this section.
          (4) Monitoring.--The Secretary shall regularly 
        monitor and audit any water resources development 
        [project, or separable element of a water resources 
        development project,] project, separable element, or 
        discrete segment of a project constructed by a non-
        Federal interest under this section to ensure that--
                  (A) the construction is carried out in 
                compliance with the requirements of this 
                section; and
                  (B) the costs of the construction are 
                reasonable.
          (5) Repayment of reimbursement.--If the non-Federal 
        interest receives reimbursement for a discrete segment 
        of a project and fails to complete the entire project 
        or separable element of the project, the non-Federal 
        interest shall repay to the Secretary the amount of the 
        reimbursement, plus interest.
  (e) Notification of Committees.--If a non-Federal interest 
notifies the Secretary that the non-Federal interest intends to 
carry out a project, or separable element thereof, project, 
separable element, or discrete segment of a project under this 
section, the Secretary shall provide written notice to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives concerning the intent of the non-Federal 
interest.
  (f) Operation and Maintenance.--Whenever a non-Federal 
interest carries out improvements to a federally authorized 
harbor or inland harbor, the Secretary shall be responsible for 
operation and maintenance in accordance with section 101(b) 
if--
          (1) before construction of the improvements--
                  (A) the Secretary determines that the 
                improvements are feasible and consistent with 
                the purposes of this title; and
                  (B) the Secretary and the non-Federal 
                interest execute a written agreement relating 
                to operation and maintenance of the 
                improvements;
          (2) the Secretary certifies that the [project or 
        separable element] project, separable element, or 
        discrete segment of the project is constructed in 
        accordance with applicable permits and appropriate 
        engineering and design standards; and
          (3) the Secretary does not find that the [project or 
        separable element] project, separable element, or 
        discrete segment is no longer feasible.

           *       *       *       *       *       *       *


SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

  (a) Trust Fund.--* * *

           *       *       *       *       *       *       *

  (c) Operation and Maintenance of Harbor Projects.--
          (1) In general.--To the maximum extent practicable, 
        the Secretary shall make expenditures to pay for 
        operation and maintenance costs of the harbors and 
        inland harbors referred to in subsection (a)(2), 
        including expenditures of funds appropriated from the 
        Harbor Maintenance Trust Fund, based on an equitable 
        allocation of funds among all such harbors and inland 
        harbors.
          (2) Criteria.--
                  (A) In general.--In determining an equitable 
                allocation of funds under paragraph (1), the 
                Secretary shall--
                          (i) consider the information obtained 
                        in the assessment conducted under 
                        subsection (e);
                          (ii) consider the national and 
                        regional significance of harbor 
                        operations and maintenance; and
                          (iii) as appropriate, consider 
                        national security and military 
                        readiness needs.
                  (B) Limitation.--The Secretary shall not 
                allocate funds under paragraph (1) based solely 
                on the tonnage transiting through a harbor.
          (3) Emerging harbor projects.--Notwithstanding any 
        other provision of this subsection, in making 
        expenditures under paragraph (1) for each of fiscal 
        years 2015 through [2022] 2025, the Secretary shall 
        allocate for operation and maintenance costs of 
        emerging harbor projects an amount that is not less 
        than 10 percent of the funds made available under this 
        section for fiscal year [2012] 2015 to pay the costs 
        described in subsection (a)(2).

           *       *       *       *       *       *       *

  (e) Assessment of Harbors and Inland Harbors.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

          (3) Report to congress.--
                  (A) In general.--For fiscal year 2016, and 
                biennially thereafter, in conjunction with the 
                President's annual budget submission to 
                Congress under section 1105(a) of title 31, 
                United States Code, the Secretary shall submit 
                to the Committee on Environment and Public 
                Works and the Committee on Appropriations of 
                the Senate and the Committee on Transportation 
                and Infrastructure and the Committee on 
                Appropriations of the House of Representatives 
                a report that, with respect to harbors and 
                inland harbors referred to in subsection 
                (a)(2)--
                          (i) identifies the operation and 
                        maintenance costs associated with the 
                        harbors and inland harbors, including 
                        those costs required to achieve and 
                        maintain the constructed width and 
                        depth for the harbors and inland 
                        harbors and the costs for expanded uses 
                        at eligible harbors and inland harbors, 
                        on a project-by-project basis;
                          (ii) identifies the amount of funding 
                        requested in the President's budget for 
                        the operation and maintenance costs 
                        associated with the harbors and inland 
                        harbors, on a project-by-project basis;
                          (iii) identifies the unmet operation 
                        and maintenance needs associated with 
                        the harbors and inland harbors, on a 
                        project-by-project basis; and
                          (iv) identifies the harbors and 
                        inland harbors for which the President 
                        will allocate funding over the 
                        subsequent 5 fiscal years for operation 
                        and maintenance activities, on a 
                        project-by-project basis, including the 
                        amounts to be allocated for such 
                        purposes.
                  (B) Additional requirement.--For the first 
                report following the date of enactment of the 
                Water Resources Development Act of 2016, in the 
                report submitted under subparagraph (A), the 
                Secretary shall identify, to the maximum extent 
                practicable, transportation cost savings 
                realized by achieving and maintaining the 
                constructed width and depth for the harbors and 
                inland harbors referred to in subsection 
                (a)(2), on a project-by-project basis.
                  [(B)] (C) Public availability.--The Secretary 
                shall make the report submitted under 
                subparagraph (A) available to the public, 
                including on the Internet.

           *       *       *       *       *       *       *


SEC. 214. DEFINITIONS.

   For purposes of this title--
          (1) Deep-draft harbor.--The term ``deep-draft 
        harbor'' means a harbor which is authorized to be 
        constructed to a depth of more than [45 feet] 50 feet 
        (other than a project which is authorized by section 
        202 of this title).

           *       *       *       *       *       *       *


SEC. 704. [33 U.S.C. 2263(B)(1)]

  (b) Projects
          (1) In generalThe Secretary is further authorized to 
        conduct projects of alternative or beneficially 
        modified habitats for fish and wildlife, including but 
        not limited to man-made reefs for fish. There is 
        authorized to be appropriated not to 
        exceed[$60,000,000] $100,000,000 to carry out such 
        projects.

           *       *       *       *       *       *       *


SEC. 729. [33 U.S.C. 2267A] WATERSHED AND RIVER BASIN ASSESSMENTS.

  (a) In General.--The Secretary may assess the water resources 
needs of river basins and watersheds of the United States, 
including needs relating to--
          (1)* * *

           *       *       *       *       *       *       *

  (f) Cost-Sharing Requirements.--
          (1) Non-federal share.--The non-Federal share of the 
        costs of an assessment carried out under this section 
        on or after December 11, 2000, shall be 25 percent, 
        except that the first $100,000 of the assessment shall 
        be a Federal expense.

           *       *       *       *       *       *       *


SEC. 906. FISH AND WILDLIFE MITIGATION.

  (a) (1)* * *

           *       *       *       *       *       *       *

  (h) Programmatic Mitigation Plans.-
          (1) In general.-* * *

           *       *       *       *       *       *       *

          (4) Scope.-A programmatic mitigation plan developed 
        by the Secretary or an entity described in paragraph 
        (3) to address potential impacts of existing or future 
        water resources development projects shall, to the 
        maximum extent practicable-
                  (A) be developed on a regional, ecosystem, 
                watershed, or statewide scale;
                  (B) include specific goals for aquatic 
                resource and fish and wildlife habitat 
                restoration, establishment, enhancement, or 
                preservation;
                  (C) identify priority areas for aquatic 
                resource and fish and wildlife habitat 
                protection or restoration;
                  (D) include measures to protect or restore 
                habitat connectivity
                  [(D)] (E) encompass multiple environmental 
                resources within a defined geographical area or 
                focus on a specific resource, such as aquatic 
                resources or wildlife habitat; and
                  [(E)] (F) address impacts from all projects 
                in a defined geographical area or focus on a 
                specific type of project.

           *       *       *       *       *       *       *

          (6) Contents.-A programmatic environmental mitigation 
        plan may include-
                  (A) an assessment of the condition of 
                environmental resources in the geographical 
                area covered by the plan, including an 
                assessment of recent trends and any potential 
                threats to those resources;
                  (B) an assessment of potential opportunities 
                to improve the overall quality of environmental 
                resources in the geographical area covered by 
                the plan through strategic mitigation for 
                impacts of water resources development 
                projects;
                  (C) standard measures for mitigating certain 
                types of [impacts] impacts, including impacts 
                to habitat connectivity;

           *       *       *       *       *       *       *

  (j) Use of Funds.--The Secretary may use funds made available 
for preconstruction engineering and design prior to 
authorization of project construction to satisfy mitigation 
requirements through third-party arrangements or to acquire 
interests in land necessary for meeting mitigation requirements 
under this section.

           *       *       *       *       *       *       *


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

ACT OF OCTOBER 15, 1940

           *       *       *       *       *       *       *



SEC. 701H-1. CONTRIBUTIONS BY STATES AND POLITICAL SUBDIVISIONS FOR 
                    IMMEDIATE USE ON AUTHORIZED FLOOD-CONTROL WORK; 
                    REPAYMENT.

  [Whenever any]
  (a) In General.--Whenever any State or political subdivision 
thereof shall offer to advance funds for [a flood-control 
project duly adopted and authorized by law] an authorized water 
resources development study or project, the Secretary of the 
Army may in his discretion, receive such funds and expend the 
same in the immediate prosecution of [such work] such study or 
project. [The Secretary of the Army]
  (b) Repayment.--The Secretary of the Army ;is authorized and 
directed to repay without interest, [from appropriations which 
may be provided by Congress for flood-control work] if specific 
appropriations are provided by Congress for such purpose, the 
moneys so contributed and expended: Provided, however, That no 
repayment of funds which may be contributed for the purpose of 
meeting any conditions of local cooperation imposed by 
Congress, or under the authority of section 701h of this title, 
shall be made.
  (c) Definition of State.--In this section, the term `State' 
means--
          (1) a State;
          (2) the District of Columbia;
          (3) the Commonwealth of Puerto Rico;
          (4) any other territory or possession of the United 
        States; and
          (5) a federally recognized Indian tribe or a Native 
        village, Regional Corporation, or Village Corporation 
        (as those terms are defined in section 3 of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1602)).

           *       *       *       *       *       *       *


WATER RESOURCES REFORM AND DEVELOPMENT ACT OF 2014

           *       *       *       *       *       *       *



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

  (a) In General.--* * *

           *       *       *       *       *       *       *

  (d) Exception.--
          (1) In general.--Notwithstanding the requirements of 
        subsection (c), the Secretary may extend the timeline 
        of a study by a period not to exceed 3 years, if the 
        Secretary determines that the feasibility study is too 
        complex to comply with the requirements of subsections 
        (a) and (c).
          (2) * * *

           *       *       *       *       *       *       *

          [(3) Notification.-- Each time the Secretary makes a 
        determination under this subsection, the Secretary 
        shall provide written notice to the Committee on 
        Environment and Public Works of the Senate and the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives as to the results of that 
        determination, including an identification of the 
        specific 1 or more factors used in making the 
        determination that the project is complex.]
          (3) Report.--Not later than February 1 of each year, 
        the Secretary shall submit to the Committee on 
        Environment and Public Works of the Senate and the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives a report that identifies any 
        feasibility study for which the Secretary in the 
        preceding fiscal year approved an increase in cost or 
        extension in time as provided under this section, 
        including an identification of the specific 1 or more 
        factors used in making the determination that the 
        project is complex.

           *       *       *       *       *       *       *


SEC. 1011. [33 U.S.C. 2341A] PRIORITIZATION.

  (a) Prioritization of Hurricane and Storm Damage Risk 
Reduction Efforts.--
          (1) Priority.--For authorized projects and ongoing 
        feasibility studies with a primary purpose of hurricane 
        and storm damage risk reduction, the Secretary shall 
        give funding priority to projects and ongoing studies 
        that--
                  (A) address an imminent threat to life and 
                property;
                  (B) prevent storm surge from inundating 
                populated areas;
                  (C) restore or prevent the loss of coastal 
                wetlands that help reduce the impact of storm 
                surge;
                  (D) protect emergency hurricane evacuation 
                routes or shelters;
                  (E) prevent adverse impacts to publicly owned 
                or funded infrastructure and assets;
                  (F) minimize disaster relief costs to the 
                Federal Government; and
                  (G) address hurricane and storm damage risk 
                reduction in an area for which the President 
                declared a major disaster in accordance with 
                section 401 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 
                5170).
          (2) Expedited consideration of currently authorized 
        projects.--Not later than 180 days after [the date of 
        enactment of this Act] the date of enactment of the 
        Water Resources Development Act of 2016, the Secretary 
        shall--
                  (A) submit to the Committee on Environment 
                and Public Works of the Senate and the 
                Committee on Transportation and Infrastructure 
                of the House of Representatives a list of all--
                          (i) ongoing hurricane and storm 
                        damage reduction feasibility studies 
                        that have signed feasibility cost-share 
                        agreements and have received Federal 
                        funds since 2009; and
                          (ii) authorized hurricane and storm 
                        damage reduction projects [that--
                                  [(I) have been authorized for 
                                more than 20 years but are less 
                                than 75 percent complete; or
                                  (II)] that are undergoing a 
                                post-authorization change 
                                report, general reevaluation 
                                report, or limited reevaluation 
                                report;
                  (B) identify those projects on the list 
                required under subparagraph (A) that meet the 
                criteria described in paragraph (1); and
                  (C) provide a plan for expeditiously 
                completing the projects identified under 
                subparagraph (B), subject to available funding.
  (b) Prioritization of Ecosystem Restoration Efforts.--[For]
          (1) In general.--For authorized projects with a 
        primary purpose of ecosystem restoration, the Secretary 
        shall give funding priority to projects--
          [(1)]
                  (A) that--
                  [(A)]
                          (i) address an identified threat to 
                        public health, safety, or welfare;
                  [(B)]
                          (ii) preserve or restore ecosystems 
                        of national significance; or
                  [(C)]
                          (iii) preserve or restore habitats of 
                        importance for federally protected 
                        species, including migratory birds; and
          [(2)]
                  (B) for which the restoration activities will 
                contribute to other ongoing or planned Federal, 
                State, or local restoration initiatives.
          (2) Expedited consideration of currently authorized 
        programmatic authorities.--Not later than 180 days 
        after the date of enactment of the Water Resources 
        Development Act of 2016, the Secretary shall submit to 
        the Committee on Environment and Public Works of the 
        Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a report 
        that contains--
                  (A) a list of all programmatic authorities 
                for aquatic ecosystem restoration or 
                improvement of the environment that--
                          (i) were authorized or modified in 
                        the Water Resources Development Act of 
                        2007 (Public Law 110-114; 121 Stat. 
                        1041) or any subsequent Act; and
                          (ii) that meet the criteria described 
                        in paragraph (1); and
                  (B) a plan for expeditiously completing the 
                projects under the authorities described in 
                subparagraph (A), subject to available funding.

           *       *       *       *       *       *       *


SEC. 1015. CONTRIBUTIONS BY NON-FEDERAL INTERESTS.

  (a) In General.--* * *

           *       *       *       *       *       *       *

  (b) [33 U.S.C. 701h note] Notification for Contributed 
Funds.--Prior to accepting funds contributed under section 5 of 
the Act of June 22, 1936 (33 U.S.C. 701h), the Secretary shall 
provide written notice of the funds to the Committee on 
Environment and Public Works and the Committee on 
Appropriations of the Senate and the Committee on 
Transportation and Infrastructure and the Committee on 
Appropriations of the House of Representatives.
  (b) Report.--Not later than February 1 of each year, the 
Secretary shall submit to the Committees on Environment and 
Public Works and Appropriations of the Senate and the 
Committees on Transportation and Infrastructure and 
Appropriations of the House of Representatives a report that--
          (1) describes the number of agreements executed in 
        the previous fiscal year for the acceptance of 
        contributed funds under section 5 of the Act of June 
        22, 1936 (33 U.S.C. 701h) (commonly known as the `Flood 
        Control Act of 1936'); and
          (2) includes information on the projects and amounts 
        of contributed funds referred to in paragraph (1).

           *       *       *       *       *       *       *


SEC. 1020. [33 U.S.C. 2223] TRANSFER OF EXCESS CREDIT.

  [(a) In General.--Subject to subsection (b)]
  (a) Application of Credit.--
          (1) In general.--Subject to subsection (b), the 
        Secretary may apply credit for in-kind contributions 
        provided by a non-Federal interest that are in excess 
        of the required non-Federal cost share for a water 
        resources development study or project toward the 
        required non-Federal cost share for a different water 
        resources development study or project.
          (2) Reasonable intervals.--On request from a non-
        Federal interest, the credit described in subsection 
        (a) may be applied at reasonable intervals as those 
        intervals occur and are identified as being in excess 
        of the required non-Federal cost share prior to 
        completion of the study or project if the credit amount 
        is verified by the Secretary.

           *       *       *       *       *       *       *

  [(d) Termination of Authority.--The authority provided in 
this section shall terminate 10 years after the date of 
enactment of this Act.]
  [(e)] (d) Report.--
          (1) Deadlines.--
                  (A) In general.--Not later than 2 years after 
                the date of enactment of this Act, and once 
                every 2 years thereafter, the Secretary shall 
                submit to the Committee on Environment and 
                Public Works of the Senate and the Committee on 
                Transportation and Infrastructure of the House 
                of Representatives and make publicly available 
                an interim report on the use of the authority 
                under this section.
                  (B) Final report.--Not later than 10 years 
                after the date of enactment of this Act, the 
                Secretary shall submit to the Committee on 
                Environment and Public Works of the Senate and 
                the Committee on Transportation and 
                Infrastructure of the House of Representatives 
                and make publicly available a final report on 
                the use of the authority under this section.
          (2) Inclusions.--The reports described in paragraph 
        (1) shall include--
                  (A) a description of the use of the authority 
                under this section during the reporting period;
                  (B) an assessment of the impact of the 
                authority under this section on the time 
                required to complete projects; and
                  (C) an assessment of the impact of the 
                authority under this section on other water 
                resources projects.

           *       *       *       *       *       *       *


SEC. 1024. [33 U.S.C. 2325A] AUTHORITY TO ACCEPT AND USE MATERIALS AND 
                    SERVICES.

  [(a) In General.--Subject to subsection (b), the Secretary is 
authorized to accept and use materials and services contributed 
by a non-Federal public entity, a nonprofit entity, or a 
private entity for the purpose of repairing, restoring, or 
replacing a water resources development project that has been 
damaged or destroyed as a result of an emergency if the 
Secretary determines that the acceptance and use of such 
materials and services is in the public interest.]
  (a) In General.--Subject to subsection (b), the Secretary is 
authorized to accept and use materials, services, or funds 
contributed by a non-Federal public entity, a nonprofit entity, 
or a private entity to repair, restore, replace, or maintain a 
water resources project in any case in which the District 
Commander determines that--
          (1) there is a risk of adverse impacts to the 
        functioning of the project for the authorized purposes 
        of the project; and
          (2) acceptance of the materials and services or funds 
        is in the public interest.

           *       *       *       *       *       *       *

  (c) Report.--[Not later than 60 days after initiating an 
activity under this section,] Not later than February 1 of each 
year after the first fiscal year in which materials, services, 
or funds are accepted under this section, the Secretary shall 
submit to the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infrastructure 
of the House of Representatives [a report] an annual report 
that includes--

           *       *       *       *       *       *       *


SEC. 1027. [33 U.S.C. 426E-2] CLARIFICATION OF MUNITION DISPOSAL 
                    AUTHORITIES.

  (a) In General.--The Secretary may, at full Federal expense, 
implement any response action the Secretary determines to be 
necessary at a site where--

           *       *       *       *       *       *       *

  (b) Response Action Funding.--A response action described in 
subsection (a) shall be [funded] reimbursed from amounts made 
available to the agency within the Department of Defense 
responsible for the original release of the munitions.

           *       *       *       *       *       *       *


SEC. 1046. [33 U.S.C. 2319 NOTE] RESERVOIR OPERATIONS AND WATER SUPPLY.

  (a) Dam Optimization.--* * *

           *       *       *       *       *       *       *

  (c) Surplus Water Storage.--
          (1) In general.--The Secretary shall not charge a fee 
        for surplus water under a contract entered into 
        pursuant to section 6 of the Act of December 22, 1944 
        (commonly known as the ``Flood Control Act of 1944'') 
        (33 U.S.C. 708) if the contract is for surplus water 
        stored in the Upper Missouri Mainstem Reservoirs.
          (2) Offset.--* * *

           *       *       *       *       *       *       *

          (5) Time limit.--
                  (A) In general.--If the Secretary has 
                documented the volume of surplus water 
                available, not later than 60 days after the 
                date on which the Secretary receives a request 
                for a contract and easement, the Secretary 
                shall issue a decision on the request.
                  (B) Outstanding information.--If the 
                Secretary has not documented the volume of 
                surplus water available, not later than 30 days 
                after the date on which the Secretary receives 
                a request for a contract and easement, the 
                Secretary shall provide to the requester--
                          (i) an identification of any 
                        outstanding information that is needed 
                        to make a final decision;
                          (ii) the date by which the 
                        information referred to in clause (i) 
                        shall be obtained; and
                          (iii) the date by which the Secretary 
                        will make a final decision on the 
                        request.

           *       *       *       *       *       *       *


SEC. 2101. [33 U.S.C. 2238B] FUNDING FOR HARBOR MAINTENANCE PROGRAMS.

  (a) Definitions.--In this section:
          (1) Total amount of harbor maintenance taxes 
        received.--The term ``total amount of harbor 
        maintenance taxes received'' means, with respect to a 
        fiscal year, the aggregate of amounts appropriated, 
        transferred, or credited to the Harbor Maintenance 
        Trust Fund under section 9505(a) of the Internal 
        Revenue Code of 1986 for that fiscal year as set forth 
        in the current year estimate provided in the 
        President's budget request for the subsequent fiscal 
        year, submitted pursuant to section 1105 of title 31, 
        United States Code.
          (2) Total budget resources.--The term ``total budget 
        resources'' means the total amount made available by 
        appropriations Acts from the Harbor Maintenance Trust 
        Fund for a fiscal year for making expenditures under 
        section 9505(c) of the Internal Revenue Code of 1986.
  (b) Target Appropriations.--
          (1) In general.--[The target total] Except as 
        provided in subsection (c), the target total budget 
        resources made available to the Secretary from the 
        Harbor Maintenance Trust Fund for a fiscal year shall 
        be not less than the following:
  (c) Exception.--If the target total budget resources for a 
fiscal year described in subparagraphs (A) through (J) of 
subsection (b)(1) is lower than the target total budget 
resources for the previous fiscal year, then the target total 
budget resources shall be adjusted to be equal to the lesser 
of--
          (1) 103 percent of the total budget resources 
        appropriated for the previous fiscal year; or
          (2) 100 percent of the total amount of harbor 
        maintenance taxes received in the previous fiscal year.

           *       *       *       *       *       *       *

  [(c)] (d) Impact on Other Funds.--
          (1) Sense of congress.--It is the sense of Congress 
        that any increase in funding for harbor maintenance 
        programs under this section shall result from an 
        overall increase in appropriations for the civil works 
        program of the Corps of Engineers and not from 
        reductions in the appropriations for other programs, 
        projects, and activities carried out by the Corps of 
        Engineers for other authorized purposes.
          (2) Application.--The target total budget resources 
        for a fiscal year specified in subsection (b)(1) shall 
        only apply in a fiscal year for which the level of 
        appropriations provided for the civil works program of 
        the Corps of Engineers in that fiscal year is 
        increased, as compared to the previous fiscal year, by 
        a dollar amount that is at least equivalent to the 
        dollar amount necessary to address such target total 
        budget resources in that fiscal year.

           *       *       *       *       *       *       *


SEC. 2102. OPERATION AND MAINTENANCE OF HARBOR PROJECTS.

  (a) In General.--* * *

           *       *       *       *       *       *       *

  (d) Guidance.--Not later than 90 days after the date of 
enactment of the Water Resources Development Act of 2016 the 
Secretary shall publish on the website of the Corps of 
Engineers guidance on the implementation of this section and 
the amendments made by this section.

           *       *       *       *       *       *       *


SEC. 2105. [33 U.S.C. 2243] ARCTIC DEEP DRAFT PORT DEVELOPMENT 
                    PARTNERSHIPS.

  (a) In General.--The Secretary may provide technical 
assistance to non-Federal public entities, including Indian 
tribes (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act [(25 U.S.C. 450b))] 
(25 U.S.C. 250b)) and a Native village, Regional Corporation, 
or Village Corporation (as those terms are defined in section 3 
of the Alaska Native Claims Settlement Act (43 U.S.C. 1602), 
for the development, construction, operation, and maintenance 
of channels, harbors, and related infrastructure associated 
with deep draft ports for purposes of dealing with Arctic 
development and security needs.
  (b) Acceptance of Funds.--The Secretary is authorized to 
accept and expend funds provided by non-Federal public 
entities, including Indian tribes (as defined in section 4 of 
the Indian Self-Determination and Education Assistance Act [(25 
U.S.C. 450b))] (25 U.S.C. 250b)) and a Native village, Regional 
Corporation, or Village Corporation (as those terms are defined 
in section 3 of the Alaska Native Claims Settlement Act (43 
U.S.C. 1602), to carry out the technical assistance activities 
described in subsection (a).
  (c) Limitation.--No assistance may be provided under this 
section until after the date on which the entity to which that 
assistance is to be provided enters into a written agreement 
with the Secretary that includes such terms and conditions as 
the Secretary determines to be appropriate and in the public 
interest.
  (d) Prioritization.--The Secretary shall prioritize technical 
assistance provided under this section for Arctic deep draft 
ports identified by the Secretary, the Secretary of Homeland 
Security, and the Secretary of Defense as important for Arctic 
development and security.
  (e) Consideration of National Security Interests.--In 
carrying out a study of the feasibility of an Arctic deep draft 
port, the Secretary--
          (1) shall consult with the Secretary of Homeland 
        Security and the Secretary of Defense to identify 
        national security benefits associated with an Arctic 
        deep draft port; and
          (2) if appropriate, as determined by the Secretary, 
        may determine a port described in paragraph (1) is 
        feasible based on the benefits described in that 
        paragraph.

           *       *       *       *       *       *       *


SEC. 2106. [33 U.S.C. 2238C] ADDITIONAL MEASURES AT DONOR PORTS AND 
                    ENERGY TRANSFER PORTS.

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

           *       *       *       *       *       *       *

          (4) Energy transfer port.--The term ``energy transfer 
        port'' means a port--
                  (A) that is subject to the harbor maintenance 
                fee under section 24.24 of title 19, [Code of 
                Federal Regulation] Code of Federal Regulations 
                (or any successor regulation); and

           *       *       *       *       *       *       *

  (f) Authorization of Appropriations.--
          (1) In general.--There is authorized to be 
        appropriated to carry out this section $50,000,000 for 
        each of fiscal years 2015 through [2018] 2025.
          (2) Division between donor ports and energy transfer 
        ports.--For each fiscal year, amounts made available to 
        carry out this section shall be provided in equal 
        amounts to donor ports and energy transfer ports.
          (3) Additional appropriations.--If the target total 
        budget resources under subparagraphs (A) through (D) of 
        section 2101(b)(1) are met for each of fiscal years 
        [2015 through 2018] 2016 through 2020, there is 
        authorized to be appropriated to carry out this section 
        $50,000,000 for each of fiscal years [2019 through 
        2022] 2021 through 2025.

           *       *       *       *       *       *       *


SEC. 3013. [33 U.S.C. 701N NOTE] VEGETATION MANAGEMENT POLICY.

  (a) Definition of Guidelines.--In this section, the term 
``guidelines'' means the Corps of Engineers policy guidelines 
for management of vegetation on levees, including--
          (1)* * *

           *       *       *       *       *       *       *

  (g) Interim Actions.--
          (1) In general.--Until the date on which revisions to 
        the guidelines are adopted in accordance with 
        subsection (f), the Secretary shall not remove existing 
        vegetation or require the removal of existing 
        vegetation [as a condition or requirement for any 
        approval or funding of a project, or any other action], 
        unless the specific vegetation has been demonstrated to 
        present an unacceptable safety risk.
          (2) Revisions.--Beginning on the date on which the 
        revisions to the guidelines are adopted in accordance 
        with subsection (f), the Secretary shall reconsider, on 
        request of an affected entity, any previous action of 
        the Corps of Engineers in which the outcome was 
        affected by the former guidelines.

           *       *       *       *       *       *       *


SEC. 3017. [33 U.S.C. 3303A NOTE] REHABILITATION OF EXISTING LEVEES.

  (a) In General.--The Secretary shall carry out measures that 
address consolidation, settlement, subsidence, sea level rise, 
and new datum to restore federally authorized hurricane and 
storm damage reduction projects that were constructed as of the 
date of enactment of this Act to the authorized levels of 
protection of the projects [if the Secretary determines the 
necessary work is technically feasible, environmentally 
acceptable, and economically justified].
  (b) Limitation.--[This section]
          (1) In general.--This section shall only apply to 
        those projects for which the executed project 
        partnership agreement provides that the non-Federal 
        interest is not required to perform future measures to 
        restore the project to the authorized level of 
        protection of the project to account for subsidence and 
        sea-level rise as part of the operation, maintenance, 
        repair, replacement, and rehabilitation 
        responsibilities.
          (2) Requirement.--A measure carried out under 
        subsection (a) shall be implemented in the same manner 
        as the repair or restoration of a flood control work 
        pursuant to section 5 of the Act of August 18, 1941 (33 
        U.S.C. 701n).
  (c) Cost Share.--
          (1) In general.--[The non-Federal] Notwithstanding 
        subsection (b)(2), the non-Federal share of the cost of 
        construction of a project carried out under this 
        section shall be determined as provided in subsections 
        (a) through (d) of section 103 of the Water Resources 
        Development Act of 1986 (33 U.S.C. 2213).

           *       *       *       *       *       *       *

  (f) Authorization of Appropriations.--There is authorized to 
be appropriated to the Secretary to carry out this section 
$125,000,000.

           *       *       *       *       *       *       *


SEC. 4003. MISSOURI RIVER.

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

           *       *       *       *       *       *       *

          (5) Lead agency.--The Corps of Engineers shall be the 
        lead agency for carrying out and coordinating the 
        activities described in paragraph (1).

           *       *       *       *       *       *       *


SEC. 4009. NORTH ATLANTIC COASTAL REGION.

  (a) In General.--The Secretary shall conduct a study at 
Federal expense to determine the feasibility of carrying out 
projects to restore aquatic ecosystems within the coastal 
waters of the Northeastern United States from the State of 
Virginia to the State of Maine, including associated bays, 
estuaries, and critical riverine areas.

           *       *       *       *       *       *       *


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

  (a) In General.--The Secretary shall conduct studies to 
determine the feasibility of carrying out Corps of Engineers 
projects in coastal zones to enhance ocean and coastal 
ecosystem resiliency.
  (b) Study.--In carrying out the study under subsection (a), 
the Secretary shall--
          (1) as appropriate, coordinate with the heads of 
        other appropriate Federal agencies, the Governors and 
        other chief executive officers of the coastal states, 
        nonprofit organizations, and other interested parties;
          (2) identify Corps of Engineers projects in coastal 
        zones for enhancing ocean and coastal ecosystem 
        resiliency based on an assessment of the need and 
        opportunities for, and feasibility of, the projects;
          (3) give priority to projects in communities the 
        existence of which is threatened by rising sea level, 
        including projects relating to shoreline restoration, 
        tidal marsh restoration, dunal habitats to protect 
        coastal infrastructure, reduction of future and 
        existing emergency repair costs, and projects that use 
        dredged materials;
          [(3)] (4) to the maximum extent practicable, use any 
        existing Corps of Engineers plans and data; and
          [(4)] (5) not later than 365 days after initial 
        appropriations for this section, and every five years 
        thereafter subject to the availability of 
        appropriations, complete a study authorized under 
        subsection (a).

           *       *       *       *       *       *       *


TITLE V--WATER INFRASTRUCTURE FINANCING

           *       *       *       *       *       *       *


           [Subtitle C--Innovative Financing Pilot Projects]

               Subtitle C--Innovative Financing Projects.

SEC. 5023. [33 U.S.C. 3902] AUTHORITY TO PROVIDE ASSISTANCE.

  (a) In General.--The Secretary and the Administrator may 
provide financial assistance under this subtitle to carry out 
[pilot] projects, which shall be selected to ensure a diversity 
of project types and geographical locations.
  (b) Responsibility.--
          (1) Secretary.--The Secretary shall carry out all 
        [pilot] projects under this subtitle that are eligible 
        projects under section 5026(1).
          (2) Administrator.--The Administrator shall [carry 
        out] provide financial assistance to carry out all 
        [pilot] projects under this subtitle that are eligible 
        projects under paragraphs (2), (3), (4), (5), (6), and 
        (8) of section 5026.
          (3) Other projects.--The Secretary or the 
        Administrator, as applicable, may carry out eligible 
        projects under paragraph (7) or (9) of section 5026.

           *       *       *       *       *       *       *


SEC. 5026. [33 U.S.C. 3905] PROJECTS ELIGIBLE FOR ASSISTANCE.

  The following projects may be carried out with amounts made 
available under this subtitle:
          (1) Any project for flood damage reduction, hurricane 
        and storm damage reduction, environmental restoration, 
        coastal or inland harbor navigation improvement, or 
        inland and intracoastal waterways navigation 
        improvement that the Secretary determines is 
        technically sound, economically justified, and 
        environmentally acceptable, including--
                  (A) a project to reduce flood damage;
                  (B) a project to restore aquatic ecosystems;
                  (C) a project to improve the inland and 
                intracoastal waterways navigation system of the 
                United States; and
                  (D) a project to improve navigation of a 
                coastal or inland harbor of the United States, 
                including channel deepening and construction of 
                associated general navigation features.
          (2) 1 or more activities that are eligible for 
        assistance under section 603(c) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1383(c)), 
        notwithstanding the public ownership requirement under 
        paragraph (1) of that subsection.
          (3) 1 or more activities described in section 
        1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 
        300j-12(a)(2)).
          (4) A project for enhanced energy efficiency in the 
        operation of a public water system or a publicly owned 
        treatment works.
          (5) A project for repair, rehabilitation, or 
        replacement of a treatment works, community water 
        system, or aging water distribution or waste collection 
        facility (including a facility that serves a population 
        or community of an Indian reservation).
          (6) A brackish or sea water [desalination project] 
        desalination project, including chloride control, a 
        managed aquifer recharge project, [or a water recycling 
        project] a water recycling project, or a project to 
        provide alternative water supplies to reduce aquifer 
        depletion.

           *       *       *       *       *       *       *


SEC. 5029. [33 U.S.C. 3908] SECURED LOANS.

  (a) Agreements.--
          (1) In general.--Subject to paragraphs (2) and (3), 
        the Secretary or the Administrator, as applicable, may 
        enter into agreements with 1 or more obligors to make 
        secured loans, the proceeds of which shall be used to 
        finance eligible project costs of any project selected 
        under section 5028.
          (2) Financial risk assessment.--Before entering into 
        an agreement under this subsection for a secured loan, 
        the Secretary or the Administrator, as applicable, in 
        consultation with the Director of the Office of 
        Management and Budget and each rating agency providing 
        a rating opinion letter under section 5028(a)(1)(D), 
        shall determine an appropriate capital reserve subsidy 
        amount for the secured loan, taking into account each 
        such rating opinion letter.
          (3) Investment-grade rating requirement.--The 
        execution of a secured loan under this section shall be 
        contingent on receipt by the senior obligations of the 
        project of an investment-grade rating.
  (b) Terms and Limitations.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

          (7) Fees.--[The Secretary]
                  (A) In general.--Except as provided in 
                subparagraph (B), the Secretary or the 
                Administrator, as applicable, may establish 
                fees at a level sufficient to cover all or a 
                portion of the costs to the Federal Government 
                of making a secured loan under this section.
                  (B) Financing fees.--On request of a 
                community with a population of not more than 
                10,000 individuals, the Secretary or the 
                Administrator, as applicable, shall allow the 
                fees under subparagraph (A) to be financed as 
                part of the loan.;

           *       *       *       *       *       *       *

          (10) Credit.--Any eligible project costs incurred and 
        the value of any integral in-kind contributions made 
        before receipt of assistance under this subtitle shall 
        be credited toward the 51 percent of project costs to 
        be provided by sources of funding other than a secured 
        loan under this subtitle (as described in paragraph 
        (2)(A).

           *       *       *       *       *       *       *


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

SEC. 5034. REPORTS ON PROGRAM IMPLEMENTATION.

  (a) Agency Reporting.--As soon as practicable after each 
fiscal year for which amounts are made available to carry out 
this subtitle, the Secretary and the Administrator shall 
publish on a dedicated, publicly accessible Internet site--
          (1) each application received for assistance under 
        this subtitle; and
          (2) a list of the projects selected for assistance 
        under this subtitle, including--
                  (A) a description of each project;
                  (B) the amount of financial assistance 
                provided for each project; and
                  (C) the basis for the selection of each 
                project with respect to the requirements of 
                this subtitle.
  (b) Reports to Congress.--

           *       *       *       *       *       *       *


                     Subtitle B--General Provisions

SEC. 5014. [33 U.S.C. 2201 NOTE] WATER INFRASTRUCTURE PUBLIC-PRIVATE 
                    PARTNERSHIP PILOT PROGRAM.

  (a) In General.--The Secretary shall establish a pilot 
program to evaluate the cost effectiveness and project delivery 
efficiency of allowing non-Federal pilot applicants to carry 
out authorized water resources development projects for coastal 
harbor improvement, channel improvement, inland navigation, 
flood damage reduction, aquatic ecosystem restoration, and 
hurricane and storm damage reduction.
  (b) Purposes.--The purposes of the pilot program established 
under subsection (a) are--
          (1) to identify cost-saving project delivery 
        alternatives that reduce the backlog of authorized 
        Corps of Engineers projects; and
          (2) to evaluate the technical, financial, and 
        organizational benefits of allowing a non-Federal pilot 
        applicant to carry out and manage the design or 
        construction (or both) of 1 or more of such projects.
  (c) Subsequent Appropriations.--[Any activity undertaken 
under this section is authorized only to the extent] Nothing in 
this section obligates the Secretary to expend funds unless 
specifically provided for in subsequent appropriations Acts.

           *       *       *       *       *       *       *


SEC. 6002. REVIEW OF CORPS OF ENGINEERS ASSETS.

  (a) Assessment and Inventory.--Not later than 1 year after 
the date of enactment of this Act, the Secretary shall conduct 
an assessment of all properties under the control of the Corps 
of Engineers and develop an inventory of the properties that 
are not needed for the missions of the Corps of Engineers.
  (b) Criteria.--In conducting the assessment and developing 
the inventory under subsection (a), the Secretary shall use the 
following criteria:
          (1) The extent to which the property aligns with the 
        current missions of the Corps of Engineers.
          (2) The economic impact of the property on existing 
        communities in the vicinity of the property.
          (3) The extent to which the utilization rate for the 
        property is being maximized and is consistent with 
        nongovernmental industry standards for the given 
        function or operation.
          (4) The extent to which the reduction or elimination 
        of the property could reduce operation and maintenance 
        costs of the Corps of Engineers.
          (5) The extent to which the reduction or elimination 
        of the property could reduce energy consumption by the 
        Corps of Engineers.
          (6) The extent to which the property has economic, 
        cultural, historic, or recreational significance or 
        impacts at the national, State, or local level.

           *       *       *       *       *       *       *


Sec. 1. Short title; table of contents.

                 TITLE V--WATER INFRASTRUCTURE FINANCING

      * * * * * * *

            [Subtitle C--Innovative Financing Pilot Projects]

                Subtitle C--Innovative Financing Projects

      * * * * * * *
[Sec. 5034. Reports on pilot program implementation.]
Sec. 5034. Reports on program implementation.
      * * * * * * *

WATER RESOURCES DEVELOPMENT ACT OF 1992

           *       *       *       *       *       *       *



SEC. 203. VOLUNTARY CONTRIBUTIONS FOR ENVIRONMENTAL AND RECREATION 
                    PROJECTS.

  (a) Acceptance.--* * *

           *       *       *       *       *       *       *


SEC. 204. REGIONAL SEDIMENT MANAGEMENT.

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

           *       *       *       *       *       *       *

  (d) Selection of Dredged Material Disposal Method for 
Environmental Purposes.--
          (1) In general.--In developing and carrying out a 
        Federal water resources project involving the disposal 
        of dredged material, the Secretary may select, with the 
        consent of the non-Federal interest, a disposal method 
        that is not the least cost option if the Secretary 
        determines that the incremental costs of the disposal 
        method are reasonable in relation to the environmental 
        benefits, including the benefits to the aquatic 
        environment to be derived from the creation of wetlands 
        and control of shoreline erosion.
          (2) Federal share.--The Federal share of such 
        incremental costs shall be determined in accordance 
        with subsection (c).
          (3) Special rule.--Disposal of dredged material under 
        this subsection may include a single or periodic 
        application of sediment for beneficial use and shall 
        not require operation and maintenance.
          (4) Disposal at non-federal cost.--The Secretary may 
        accept funds from a non-Federal interest to dispose of 
        dredged material as provided under section 103(d)(1) of 
        the Water Resources Development Act of 1986 (33 U.S.C. 
        2213(d)(1)).

           *       *       *       *       *       *       *


SEC. 219. ENVIRONMENTAL INFRASTRUCTURE.

  (a) In General.--* * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


SEC. 225. CHALLENGE COST-SHARING PROGRAM FOR THE MANAGEMENT OF 
                    RECREATION FACILITIES.

  (a) In General.--The Secretary is authorized to develop and 
implement a program to share the cost of managing recreation 
facilities and natural resources at water resource development 
projects under the Secretary's jurisdiction.
  (b) Cooperative Agreements.--To implement the program under 
this section, the Secretary is authorized to enter into 
cooperative agreements with non-Federal public and private 
entities to provide for operation and management of recreation 
facilities and natural resources at civil works projects under 
the Secretary's jurisdiction where such facilities and 
resources are being maintained at complete Federal expense.
  (c) User Fees.--
          (1) Collection of fees.--
                  (A) In general.--The Secretary may allow a 
                non-Federal public or private entity that has 
                entered into an agreement pursuant to 
                subsection (b) to collect user fees for the use 
                of developed recreation sites and facilities, 
                whether developed or constructed by that entity 
                or the Department of the Army.
                  (B) Use of visitor reservation services.--A 
                public or private entity described in 
                subparagraph (A) may use to manage fee 
                collections and reservations under this section 
                any visitor reservation service that the 
                Secretary has provided for by contract or 
                interagency agreement, subject to such terms 
                and conditions as the Secretary determines to 
                be appropriate.
          (2) Use of fees.--A non-Federal public or private 
        entity that collects user fees under paragraph (1) 
        may--
                  (A) retain up to 100 percent of the fees 
                collected, as determined by the Secretary; and
                  (B) notwithstanding section 210(b)(4) of the 
                Flood Control Act of 1968 (16 U.S.C. 460d-
                3(b)(4)), use that amount for operation, 
                maintenance, and management at the recreation 
                site at which the fee is collected.
          (3) Terms and conditions.--The authority of a non-
        Federal public or private entity under this subsection 
        shall be subject to such terms and conditions as the 
        Secretary determines necessary to protect the interests 
        of the United States.
  [(c)] (d) Contributions.--For purposes of carrying out this 
section the Secretary may accept contributions of funds, 
materials, and services from non-Federal public and private 
entities. Any funds received by the Secretary under this 
section shall be deposited into the account in the Treasury of 
the United States entitled ``Contributions and Advances, Rivers 
and Harbors, Corps of Engineers (8662)'' and shall be available 
until expended to carry out the purposes of this section.

           *       *       *       *       *       *       *


SEC. 401. INTERNATIONAL OUTREACH PROGRAM.

  [(a) In General.--The Secretary is authorized to engage in 
activities to inform the United States maritime industry and 
port authorities of technological innovations abroad that could 
significantly improve waterborne transportation in the United 
States, both inland and deep draft. Such activities may 
include--
          [(1) development, monitoring, assessment, and 
        dissemination of information about foreign water 
        transportation and port facilities that could 
        significantly improve water transportation in the 
        United States;
          [(2) research, development, training, and other forms 
        of technology transfer and exchange; and
          [(3) offering technical services which cannot be 
        readily obtained in the private sector to be 
        incorporated in the proposals of port authorities or 
        other water transportation developers if the costs for 
        assistance will be recovered under the terms of each 
        project.]
  (a) Authorization.--
          (1) In general.--The Secretary may engage in 
        activities to inform the United States of technological 
        innovations abroad that could significantly improve 
        water resources development in the United States.
          (2) Inclusions.--Activities under paragraph (1) may 
        include--
                  (A) development, monitoring, assessment, and 
                dissemination of information about foreign 
                water resources projects that could 
                significantly improve water resources 
                development in the United States;
                  (B) research, development, training, and 
                other forms of technology transfer and 
                exchange; and
                  (C) offering technical services that cannot 
                be readily obtained in the private sector to be 
                incorporated into water resources projects if 
                the costs for assistance will be recovered 
                under the terms of each project.
  (b) Cooperation.--The Secretary may carry out the provisions 
of this section in cooperation with Federal departments and 
agencies, State and local agencies, authorities, institutions, 
corporations (profit or nonprofit), foreign governments, or 
other organizations.
  (c) Funding.--The funds to carry out the provisions of this 
section shall include funds deposited in a special account with 
the Secretary of the Treasury for such purposes by any 
cooperating entity or organization according to cost-sharing 
agreements proscribed by the Secretary. Reimbursement for 
services provided under this section shall be credited to the 
appropriation concerned.

           *       *       *       *       *       *       *


                            [33 U.S.C. 408]

ACT OF MARCH 3, 1899

           *       *       *       *       *       *       *


  Sec. 14. [It shall not be lawful]
  (a) Prohibitions and Permissions.--It shall not be lawful to 
construct or commence the construction of any bridge, causeway, 
dam, or dike over or in any port, roadstead, haven, harbor, 
canal, navigable river, or other navigable water of the United 
States until the consent of Congress to the building of such 
structures shall have been obtained and until the plans for (1) 
the bridge or causeway shall have been submitted to and 
approved by the Secretary of the department in which the Coast 
Guard is operating, or (2) the dam or dike shall have been 
submitted to and approved by the Chief of Engineers and 
Secretary of the Army. However, such structures may be built 
under authority of the legislature of a State across rivers and 
other waterways the navigable portions of which lie wholly 
within the limits of a single State, provided the location and 
plans thereof are submitted to and approved by the Secretary of 
the department in which the Coast Guard is operating or by the 
Chief of Engineers and Secretary of the Army before 
construction is commenced. When plans for any bridge or other 
structure have been approved by the Secretary of the department 
in which the Coast Guard is operating or by the Chief of 
Engineers and Secretary of the Army, it shall not be lawful to 
deviate from such plans either before or after completion of 
the structure unless modification of said plans has previously 
been submitted to and received the approval of the Secretary of 
the department in which the Coast Guard is operating or the 
Chief of Engineers and the Secretary of the Army. The approval 
required by this section of the location and plans or any 
modification of plans of any bridge or causeway does not apply 
to any bridge or causeway over waters that are not subject to 
the ebb and flow of the tide and that are not used and are not 
susceptible to use in their natural condition or by reasonable 
improvement as a means to transport interstate or foreign 
commerce.
  (b) Local Flood Protection Works.--Permission under 
subsection (a) for alterations to a Federal levee, floodwall, 
or flood risk management channel project may be granted by a 
District Engineer of the Department of the Army.
  (c) Concurrent Review.--
          (1) In general.--In any case in which an activity 
        subject to this section requires a review under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.), review and approval under this section 
        shall, to the maximum extent practicable, occur 
        concurrently with any review and decisions made under 
        that Act.
          (2) Corps of engineers as a cooperating agency.--If 
        the Corps of Engineers is not the lead Federal agency 
        for an environmental review described in paragraph (1), 
        the Chief of Engineers shall, to the maximum extent 
        practicable--
                  (A) participate in the review as a 
                cooperating agency (unless the Chief of 
                Engineers does not intend to submit comments on 
                the project); and
                  (B) adopt and use any environmental document 
                prepared under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.) by 
                the lead agency to the same extent that a 
                Federal agency could adopt or use a document 
                prepared by another Federal agency under--
                          (i) the National Environmental Policy 
                        Act of 1969 (42 U.S.C. 4321 et seq.); 
                        and
                          (ii) parts 1500 through 1508 of title 
                        40, Code of Federal Regulations (or 
                        successor regulations).

           *       *       *       *       *       *       *


ACT OF JUNE 22, 1936

           *       *       *       *       *       *       *


  Sec. 5. [33 U.S.C. 701h] That pursuant to the policy outlined 
in sections 1 and 3, the following works of improvement, for 
the benefit of navigation and the control of destructive flood 
waters and other purposes, are hereby adopted and authorized to 
be prosecuted, in order of their emergency as may be designated 
by the President, under the direction of the Secretary of War 
and supervision of the Chief of Engineers in accordance with 
the plans in the respective reports and records hereinafter 
designated: Provided, That penstocks or other similar 
facilities, adapted to possible future use in the development 
of adequate electric power may be installed in any dam herein 
authorized when approved by the Secretary of War upon the 
recommendation of the Chief of Engineers. Provided further, 
That the Secretary of War is authorized to receive from States 
and political subdivisions thereof and other non-Federal 
interests, such funds as may be contributed by them for work, 
which includes planning and design, to be expended in 
connection with [funds appropriated by the United States for] 
any authorized water resources development study or project, 
including a project for navigation on the inland waterways, 
whenever such work and expenditure may be considered by the 
Secretary of War, on recommendation of the Chief of Engineers, 
as advantageous in the public interest, and the plans for any 
reservoir project may, in the discretion of the Secretary of 
War, on recommendation of the Chief of Engineers, be modified 
to provide additional storage capacity for domestic water 
supply or other conservation storage, on condition that the 
cost of such increased storage capacity is contributed by local 
agencies and that the local agencies agree to utilize such 
additional storage capacity in a manner consistent with Federal 
uses and purposes: And provided further, That 
whenpara.ntributions made by States and political subdivisions 
thereof and other non-Federal interests, are in excess of the 
actual cost of the work contemplated and properly chargeable to 
such contributions, such excess contributions may, with the 
approval of the Secretary of War, be returned to the proper 
representatives of the contributing interests: Provided 
further, That the term ``States'' means the several States, the 
District of Columbia, the commonwealths, territories, and 
possessions of the United States, and Federally recognized 
Indian tribes: Provided further, That the term ``non-Federal 
interest'' has the meaning given that term in section 221 of 
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b).

           *       *       *       *       *       *       *


WATER RESOURCES DEVELOPMENT ACT OF 2007

           *       *       *       *       *       *       *



SEC. 2006. [33 U.S.C. 2242] REMOTE AND SUBSISTENCE HARBORS.

  (a) In General.--In conducting a study of harbor and 
navigation improvements, the Secretary may recommend a project 
without the need to demonstrate that the project is justified 
solely by national economic development benefits if the 
Secretary determines that--
          (1)(A) the community to be served by the project is 
        at least 70 miles from the nearest surface accessible 
        commercial port and has no direct rail or highway link 
        to another community served by a surface accessible 
        port or harbor; or
          (B) the project would be located in the State of 
        Hawaii, the Commonwealth of Puerto Rico, Guam, the 
        Commonwealth of the Northern Mariana Islands, the 
        United States Virgin Islands, or American Samoa;
          (2) the harbor is economically critical such that 
        over 80 percent of the goods transported through the 
        harbor would be consumed within the community served by 
        the harbor and navigation improvement; and
          (3) the long-term viability of the community in which 
        the project is located or of a community that is 
        located in the region that is served by the project and 
        that will rely on the project would be threatened 
        without the harbor and navigation improvement.
  (b) Justification.--In considering whether to recommend a 
project under subsection (a), the Secretary shall consider the 
benefits of the project to--
          (1) public health and safety of the local community 
        or of a community that is located in the region to be 
        served by the project and that will rely on the 
        project, including access to facilities designed to 
        protect public health and safety;
          (2) access to natural resources for subsistence 
        purposes;
          (3) local and regional economic opportunities;
          (4) welfare of the [local population] regional 
        population to be served by the project; and
          (5) social and cultural value to the [community] 
        local community or to a community that is located in 
        the region to be served by the project and that will 
        rely on the project.

           *       *       *       *       *       *       *


SEC. 2036. MITIGATION FOR FISH AND WILDLIFE AND WETLANDS LOSSES.

           *       *       *       *       *       *       *


  (c) Wetlands Mitigation.--
          (1) In general.--In carrying out a water resources 
        project that involves wetlands mitigation and that has 
        impacts that occur within the service area of a 
        mitigation bank, the Secretary, where appropriate, 
        shall first consider the use of the mitigation bank if 
        the bank contains sufficient available credits to 
        offset the impact and the bank is approved in 
        accordance with the Federal Guidance for the 
        Establishment, Use and Operation of Mitigation Banks 
        (60 Fed. Reg. 58605) or other applicable Federal law 
        (including regulations).
          (2) Service area.--To the maximum extent practicable, 
        the service area of the mitigation bank under paragraph 
        (1) shall be in the same watershed as the affected 
        habitat.
          (3) Responsibility for monitoring.--
                  (A) In general.--Purchase of credits from a 
                mitigation bank for a water resources project 
                relieves the Secretary and the non-Federal 
                interest from responsibility for monitoring or 
                demonstrating mitigation success.
                  (B) Applicability.--The relief of 
                responsibility under subparagraph (A) applies 
                only in any case in which the Secretary 
                determines that monitoring of mitigation 
                success is being conducted by the Secretary or 
                by the owner or operator of the mitigation 
                bank.
          (4) Mitigation banks.--
                  (A) In general.--Not later than 180 days 
                after the date of enactment of this paragraph, 
                the Secretary shall issue implementation 
                guidance that provides for the consideration of 
                the entire amount of potential credits 
                available at in-kind, in-basin mitigation banks 
                and in-lieu fee programs for water resource 
                development project feasibility studies.
                  (B) Requirements.--All potential mitigation 
                bank and in-lieu fee credits shall be 
                considered a reasonable alternative for 
                planning purposes if the applicable mitigation 
                bank--
                          (i) has an approved mitigation 
                        banking instrument; and
                          (ii) has completed a functional 
                        analysis of the potential credits using 
                        the approved Corps of Engineers 
                        certified habitat assessment model 
                        specific to the region.

           *       *       *       *       *       *       *


SEC. 2039. [33 U.S.C. 2330A] MONITORING ECOSYSTEM RESTORATION.

  (a) In General.--In conducting a feasibility study for a 
project (or a component of a project) for ecosystem 
restoration, the Secretary shall ensure that the recommended 
project includes, as an integral part of the project, a plan 
for monitoring the success of the ecosystem restoration.
  (b) Monitoring Plan.--The monitoring plan shall--
          (1) include a description of the monitoring 
        activities to be carried out, the criteria for 
        ecosystem restoration success, and the estimated cost 
        and duration of the monitoring; and
          (2) specify that the monitoring shall continue until 
        such time as the Secretary determines that the criteria 
        for ecosystem restoration success will be met.
  (c) Cost Share.--For a period of 10 years from completion of 
construction of a project (or a component of a project) for 
ecosystem restoration, the Secretary shall consider the cost of 
carrying out the monitoring as a project cost. If the 
monitoring plan under subsection (b) requires monitoring beyond 
the 10-year period, the cost of monitoring shall be a non-
Federal responsibility.
  (d) Inclusions.--A monitoring plan under subsection (b) shall 
include a description of--
          (1) the types and number of restoration activities to 
        be conducted;
          (2) the physical action to be undertaken to achieve 
        the restoration objectives of the project;
          (3) the functions and values that will result from 
        the restoration plan; and
          (4) a contingency plan for taking corrective actions 
        in cases in which monitoring demonstrates that 
        restoration measures are not achieving ecological 
        success in accordance with criteria described in the 
        monitoring plan.
  (e) Conclusion of Operation and Maintenance Responsibility.--
The responsibility of the non-Federal sponsor for operation, 
maintenance, repair, replacement, and rehabilitation of the 
ecosystem restoration project shall cease 10 years after the 
date on which the Secretary makes a determination of success 
under subsection (b)(2).

           *       *       *       *       *       *       *


SEC. 3032. SALTON SEA RESTORATION, CALIFORNIA.

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Salton sea authority.--The term ``Salton Sea 
        Authority'' means the joint powers authority 
        established under the laws of the State by a joint 
        power agreement signed on June 2, 1993.
          (2) Salton sea science office.--The term ``Salton Sea 
        Science Office'' means the office established by the 
        United States Geological Survey and located on the date 
        of enactment of this Act in La Quinta, California.
          (3) State.--The term ``State'' means the State of 
        California.
  (b) [Pilot Projects]Projects.--
          (1) In general.--
                  (A) Review.--The Secretary shall review the 
                plan approved by the State, entitled the 
                ``Salton Sea Ecosystem Restoration Program 
                Preferred Alternative Report and Funding 
                Plan'', and dated May 2007 to determine whether 
                [the pilot] projects described in the plan are 
                feasible.
                  (B) Implementation.--
                          (i) In general.--Subject to clause 
                        (ii), if the Secretary determines that 
                        [the pilot] projects referred to in 
                        subparagraph (A) meet the requirements 
                        described in that subparagraph, the 
                        Secretary may--
                                  (I) enter into an agreement 
                                with the State, Salton Sea 
                                Authority, or other non-Federal 
                                interest; and
                                  (II) in consultation with the 
                                Salton Sea Authority and the 
                                Salton Sea Science Office, 
                                carry out [pilot] projects for 
                                improvement of the environment 
                                in the area of the Salton Sea.
                          (ii) Requirement.--The Secretary 
                        shall be a party to each contract for 
                        construction entered into under this 
                        subparagraph.
          (2) Local participation.--In prioritizing [pilot] 
        projects under this section, the Secretary shall--
                  (A) consult with the State, the Salton Sea 
                Authority, and the Salton Sea Science Office; 
                and
                  (B) take into consideration the priorities of 
                the State and the Salton Sea Authority.
          (3) Cost sharing.--Before carrying out a [pilot] 
        project under this section, the Secretary shall enter 
        into a written agreement with the State, Salton Sea 
        Authority, or other non-Federal interest that requires 
        the non-Federal interest for the [pilot] project to pay 
        35 percent of the total costs of the [pilot] project.
  (c) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out subsection (b) $30,000,000, of 
which not more than $5,000,000 shall be used for any one 
[pilot] project under this section.

           *       *       *       *       *       *       *


SEC. 5056. RIO GRANDE ENVIRONMENTAL MANAGEMENT PROGRAM, COLORADO, NEW 
                    MEXICO, AND TEXAS.

  (a) Definitions.--* * *

           *       *       *       *       *       *       *

  (f) Authorization of Appropriations.--There is authorized to 
be appropriated to the Secretary to carry out this section 
$15,000,000 for each of fiscal years 2008 through 2011.

           *       *       *       *       *       *       *


FLOOD CONTROL ACT OF 1970

           *       *       *       *       *       *       *



SEC. 221. [42 U.S.C. 1962D-5B] WRITTEN AGREEMENT REQUIREMENT FOR WATER 
                    RESOURCES PROJECTS.

  (a) Cooperation of Non-Federal Interest.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

          (4) Credit for in-kind contributions.--
                  (A) In general.--A partnership agreement 
                described in paragraph (1) may provide with 
                respect to a project that the Secretary shall 
                credit toward the non-Federal share of the cost 
                of the project, including a project implemented 
                without specific authorization in law or a 
                project under an environmental infrastructure 
                assistance program, the value of in-kind 
                contributions made by the non-Federal interest, 
                including--
                          (i)* * *

           *       *       *       *       *       *       *

                  (D) Limitations.--Credit authorized under 
                this paragraph for a project--
                          (i) shall not exceed the non-Federal 
                        share of the cost of the project;
                          (ii) shall not alter any requirement 
                        that a non-Federal interest pay a 
                        portion of the costs of construction of 
                        the project under sections 101(a)(2) 
                        and 103(a)(1)(A) of the Water Resources 
                        Development Act of 1986 (33 U.S.C. 
                        2211(a)(2); 33 U.S.C. 2213(a)(1)(A)) of 
                        the Water Resources Development Act of 
                        1986 (33 U.S.C. 2211; 33 U.S.C. 2213); 
                        and
                          (iii) shall not alter any requirement 
                        that a non-Federal interest pay a 
                        portion of the costs of construction of 
                        the project under sections 101 and 103 
                        of the Water Resources Development Act 
                        of 1986 (33 U.S.C. 2211; 33 U.S.C. 
                        2213); and
                          (iv) regardless of the cost incurred 
                        by the non-Federal interest, shall not 
                        exceed the actual and reasonable 
                        [costs] value of the materials, 
                        services, or other things provided by 
                        the non-Federal interest, as

           *       *       *       *       *       *       *

  (b) Definition of Non-Federal Interest.--The term ``non-
Federal interest'' means--
          (1) a legally constituted public body (including a 
        federally recognized Indian tribe or a Native village, 
        Regional Corporation, or Village Corporation (as those 
        terms are defined in section 3 of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1602))); or

           *       *       *       *       *       *       *


                  [PUBLIC LAW 106-541--DEC. 11, 2000]

                WATER RESOURCES DEVELOPMENT ACT OF 2000


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act many be cited as the ``Water 
Resources Development Act of 2000''.

           *       *       *       *       *       *       *


SEC. 101. PROJECT AUTHORIZATIONS.

  (a) * * *

           *       *       *       *       *       *       *


SEC. 203. TRIBAL PARTNERSHIP PROGRAM.

  (a) * * *

           *       *       *       *       *       *       *


SEC. 213. [33 U.S.C. 2339] ASSISTANCE PROGRAMS.

  (a) Conservation and Recreation Management.--To further 
training and educational opportunities about water resources 
development projects under the jurisdiction of the Secretary, 
the Secretary may enter into cooperative agreements with non-
Federal public and nonprofit entities for services relating to 
natural resources conservation or recreation management.
  (b) Rural Community Assistance.--In carrying out studies and 
projects under the jurisdiction of the Secretary, the Secretary 
may enter into cooperative agreements with multistate regional 
private nonprofit rural community assistance entities for 
services, including water resource assessment, community 
participation, planning, development, and management 
activities.
  (c) Cooperative Agreements.--A cooperative agreement entered 
into under this section shall not be considered to be, or 
treated as being, a cooperative agreement to which chapter 63 
of title 31, United States Code, applies.
  (d) Youth Service and Conservation Corps.--The Secretary 
shall encourage each district of the Corps of Engineers to 
enter into cooperative agreements authorized under this section 
with qualified youth service and conservation corps to perform 
appropriate projects.

SEC. 214. FUNDING TO PROCESS PERMITS.

  (a) Funding to Process Permits.--
          (1) Definitions.--In this subsection:
                  (A) Natural gas company.--The term ``natural 
                gas company'' has the meaning given the term in 
                section 1262 of the Public Utility Holding 
                Company Act of 2005 (42 U.S.C. 16451), except 
                that the term also includes a person engaged in 
                the transportation of natural gas in intrastate 
                commerce.
                  (B) Public-utility company.--The term 
                ``public-utility company'' has the meaning 
                given the term in section 1262 of the Public 
                Utility Holding Company Act of 2005 (42 U.S.C. 
                16451).
                  (C) Rail carrier.--The term `rail carrier' 
                has the meaning given the term in section 10102 
                of title 49, United States Code.
          (2) Permit processing.--The Secretary, after public 
        notice, may accept and expend funds contributed by a 
        non-Federal public entity or a public-utility company 
        [or natural gas company] , natural gas company, or rail 
        carrier to expedite the evaluation of a permit of that 
        entity or company related to a project or activity for 
        a public purpose under the jurisdiction of the 
        Department of the Army.
          (3) Limitation for public-utility and natural gas 
        companies.--The authority provided under paragraph (2) 
        to a public-utility company [or natural gas company] , 
        natural gas company, or rail carrier shall expire on 
        the date that is 7 years after the date of enactment of 
        this paragraph.
          (4) Effect on other entities.--To the maximum extent 
        practicable, the Secretary shall ensure that expediting 
        the evaluation of a permit through the use of funds 
        accepted and expended under this section does not 
        adversely affect the timeline for evaluation (in the 
        Corps district in which the project or activity is 
        located) of permits under the jurisdiction of the 
        Department of the Army of other entities that have not 
        contributed funds under this section.
          (5) GAO study.--Not later than 4 years after the date 
        of enactment of this paragraph, the Comptroller General 
        of the United States shall carry out a study of the 
        implementation by the Secretary of the authority 
        provided under paragraph (2) to public-utility 
        companies [and natural gas companies] , natural gas 
        companies, and rail carriers, including an evaluation 
        of the compliance with all requirements of this section 
        and, with respect to a permit for those entities, the 
        requirements of all applicable Federal laws.

           *       *       *       *       *       *       *


SEC. 536. LOWER COLUMBIA RIVER AND TILLAMOOK BAY ECOSYSTEM RESTORATION, 
                    OREGON AND WASHINGTON.

  (a) In General.--* * *

           *       *       *       *       *       *       *

  (g) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section [$50,000,000] 
$75,000,000.

           *       *       *       *       *       *       *


SEC. 544. PUGET SOUND AND ADJACENT WATERS RESTORATION, WASHINGTON.

  (a)* * *

           *       *       *       *       *       *       *

  (f) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $40,000,000, of which 
not more than [$5,000,000] $10,000,000 may be used to carry out 
any 1 critical restoration project.

           *       *       *       *       *       *       *


                            [33 U.S.C. 603A]

                          ACT OF MARCH 2,1945


SEC. 603A. REMOVAL OF SNAGS AND DEBRIS, AND STRAIGHTENING, CLEARING, 
                    AND PROTECTING CHANNELS IN NAVIGABLE WATERS

  The Secretary of the Army is authorized to allot not to 
exceed [1,000,000] $5,000,000 from any appropriations made 
prior to or after March 2, 1945, for any one fiscal year for 
improvement of rivers and harbors, for removing [accumulated 
snags and other debris] accumulated snags, obstructions, and 
other debris located in or adjacent to a Federal channel and 
other debris, and for protecting, clearing, and straightening 
channels in navigable harbors and navigable streams and 
tributaries thereof, when in the opinion of the Chief of 
Engineers such work is advisable in the interest of navigation 
[or flood control], flood control, or recreation.

           *       *       *       *       *       *       *


                WATER RESOURCES DEVELOPMENT ACT OF 1974

  Sec. 22. (a) Federal State Cooperation.--
          (1) Comprehensive plans.--The Secretary of the Army, 
        acting through the Chief of Engineers, is authorized to 
        cooperate with any State or other non-Federal interest 
        working with a State , a group of States, or a regional 
        or national consortia of States in the preparation of 
        comprehensive plans for the development, utilization, 
        and conservation of the water and related resources of 
        drainage basins, watersheds, or ecosystems [located 
        within the boundaries of such State], including plans 
        to comprehensively address water resources challenges, 
        and to submit to Congress reports and recommendations 
        with respect to appropriate Federal participation in 
        carrying out such plans.

           *       *       *       *       *       *       *


                       [33 U.S.C. 426G(C)(2)(B)]

                         ACT OF AUGUST 13, 1946

  (c) Authorization of appropriations--.
          (1) In general--Subject to paragraph (2), the 
        Secretary may expend, from any appropriations made 
        available to the Secretary for the purpose of carrying 
        out civil works, not more than $30,000,000 during any 
        fiscal year to pay the Federal share of the costs of 
        construction of small shore and beach restoration and 
        protection projects or small projects under this 
        section.
          (2) Limitation--The total amount expended for a 
        project under this section shall-
                  (A) be sufficient to pay the cost of Federal 
                participation in the project (including 
                periodic nourishment as provided for under 
                section 426e of this title), as determined by 
                the Secretary; and
                  (B) be not more than [$5,000,000] 
                $10,000,000.

           *       *       *       *       *       *       *


RIVER AND HARBOR ACT OF 1958-(Section 104)

           *       *       *       *       *       *       *


  Sec. 104. [33 U.S.C. 610] (a)(1) In general.--There is hereby 
authorized a comprehensive program to provide for prevention, 
control, and progressive eradication of noxious aquatic plant 
growths and aquatic invasive species from the navigable waters, 
tributary streams, connecting channels, and other allied waters 
of the United States, in the combined interest of navigation, 
flood control, drainage, agriculture, fish and wildlife 
conservation, public health, and related purposes, including 
continued research for development of the most effective and 
economic control measures, to be administered by the Chief of 
Engineers, under the direction of the Secretary of the Army, in 
cooperation with other Federal and State agencies.
          (2) * * *

           *       *       *       *       *       *       *

  (d) Watercraft Inspection Stations.--
          (1) In general.--In carrying out this section, the 
        Secretary may establish watercraft inspection [stations 
        in the Columbia River Basin to be located in the States 
        of Idaho, Montana, Oregon, and Washington] stations to 
        protect the Columbia River Basin at locations, as 
        determined by the Secretary, with the highest 
        likelihood of preventing the spread of aquatic invasive 
        species at reservoirs operated and maintained by the 
        Secretary.
          (3) Coordination.-- In carrying out this subsection, 
        the Secretary shall consult and coordinate with--
                  [(A) the States described in paragraph (1);]
                  (A) the Governor of each State in which a 
                station is established under paragraph (1);

           *       *       *       *       *       *       *


RIVER AND HARBOR ACT OF 1968 (Secs. 111 and 117)

           *       *       *       *       *       *       *


  Sec. 111. [33 USC 426i] (a) In General.--The Secretary of the 
Army is authorized to investigate, study, plan, and implement 
structural and nonstructural measures for the prevention or 
mitigation of shore damages attributable to Federal navigation 
works and shore damage attributable to the Atlantic 
Intracoastal Waterway and the Gulf Intracoastal Waterway, if a 
non-Federal public body agrees to operate and maintain such 
measures, and, in the case of interests in real property 
acquired in conjunction with nonstructural measures, to operate 
and maintain the property for public purposes in accordance 
with regulations prescribed by the Secretary.
  (b) Cost Sharing.--The costs of implementing [measures under 
this section shall be cost-shared in the same proportion as the 
cost-sharing provisions applicable to the project] measures, 
including a study, shall be cost-shared in the same proportion 
as the cost-sharing provisions applicable to construction of 
the project causing the shore damage.
  (c) Requirement for Specific Authorization.--No such project 
shall be initiated without specific authorization by Congress 
if the Federal first cost exceeds $10,000,000.
  (d) Coordination.--The Secretary shall--
          (1) coordinate the implementation of the measures 
        under this section with other Federal and non-Federal 
        shore protection projects in the same geographic area; 
        and
          (2) to the extent practicable, combine mitigation 
        projects with other shore protection projects in the 
        same area into a comprehensive regional project.
  (e) Reimbursement for Feasibility Studies.--Beginning on the 
date of enactment of this subsection, in any case in which the 
Secretary implements a project under this section, the 
Secretary shall reimburse or credit the non-Federal interest 
for any amounts contributed for the study evaluating the damage 
in excess of the non-Federal share of the costs, as determined 
under subsection (b).

           *       *       *       *       *       *       *


[Act Aug. 18, 1941, ch. 377]

           *       *       *       *       *       *       *


  Sec. 5. [33 USC 701n] (a)(1) That there is authorized an 
emergency fund to be expended in preparation for emergency 
response to any natural disaster, in flood fighting and rescue 
operations, or in the repair or restoration of any flood 
control work threatened or destroyed by flood, including the 
strengthening, raising, extending, or other modification 
thereof as may be necessary in the discretion of the Chief of 
Engineers for the adequate functioning of the work for flood 
control and subject to the condition that the Chief of 
Engineers may include modifications to the structure or 
project, or in implementation of nonstructural alternatives to 
the repair or restoration of such flood control work if 
requested by the non-Federal sponsor; in the emergency 
protection of federally authorized hurricane or shore 
protection being threatened when in the discretion of the Chief 
of Engineers such protection is warranted to protect against 
imminent and substantial loss to life and property; in the 
repair and restoration of any federally authorized hurricane or 
shore protective structure or project damaged or destroyed by 
wind, wave, or water action of other than an ordinary nature to 
the design level of protection when, in the discretion of the 
Chief of Engineers, such repair and restoration is warranted 
for the adequate functioning of the structure or project for 
hurricane or shore protection, subject to the condition that 
the Chief of Engineers may include modifications to the 
structure or project to address major deficiencies or implement 
nonstructural alternatives to the repair or restoration of the 
structure if requested by the non-Federal sponsor. The 
emergency fund may also be expended for emergency dredging for 
restoration of authorized project depths for Federal navigable 
channels and waterways made necessary by flood, drought, 
earthquake, or other natural disasters. In any case in which 
the Chief of Engineers is otherwise performing work under this 
section in an area for which the Governor of the affected State 
has requested a determination that an emergency exists or a 
declaration that a major disaster exists under the Disaster 
Relief and Emergency Assistance Act, the Chief of Engineers is 
further authorized to perform on public and private lands and 
waters for a period of ten days following the Governor's 
request any emergency work made necessary by such emergency or 
disaster which is essential for the preservation of life and 
property, including, but not limited to, channel clearance, 
emergency shore protection, clearance and removal of debris and 
wreckage endangering public health and safety, and temporary 
restoration of essential public facilities and services. The 
Chief of Engineers, in the exercise of his discretion, is 
further authorized to provide emergency supplies of clean 
water, on such terms as he determines to be advisable, to any 
locality which he finds is confronted with a source of 
contaminated water causing or likely to cause a substantial 
threat to the public health and welfare of the inhabitants of 
the locality. The appropriation of such moneys for the initial 
establishment of this fund and for its replenishment on an 
annual basis, is authorized: Provided, That pending the 
appropriation of sums to such emergency fund, the Secretary of 
the Army may allot, from existing flood-control appropriations, 
such sums as may be necessary for the immediate prosecution of 
the work herein authorized, such appropriations to be 
reimbursed from the appropriation herein authorized when made. 
The Chief of Engineers is authorized, in the prosecution of 
work in connection with rescue operations, or in conducting 
other flood emergency work, to acquire on a rental basis such 
motor vehicles, including passenger cars and buses, as in his 
discretion are deemed necessary.
          (2) In preparing a cost and benefit feasibility 
        assessment for any emergency project described in 
        paragraph (1), the Chief of Engineers shall consider 
        the benefits to be gained by such project for the 
        protection of--
                  (A) residential establishments;
                  (B) commercial establishments, including the 
                protection of inventory; and
                  (C) agricultural establishments, including 
                the protection of crops.
          (3) Definition of nonstructural alternatives.--In 
        this subsection, `nonstructural alternatives' includes 
        efforts to restore or protect natural resources 
        including streams, rivers, floodplains, wetlands, or 
        coasts, if those efforts will reduce flood risk.
  (c) Levee Owners Manual.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

  (d) Increased Level of Protection.--In conducting repair or 
restoration work under subsection (a), at the request of the 
non-Federal sponsor, the Secretary may increase the level of 
protection above the level to which the system was designed, 
or, if the repair and rehabilitation includes repair or 
rehabilitation of a pumping station, will increase the capacity 
of a pump, if--
          (1) the Chief of Engineers determines the 
        improvements are in the public interest, including 
        consideration of whether--
                  (A) the authority under this section has been 
                used more than once at the same location;
                  (B) there is an opportunity to decrease 
                significantly the risk of loss of life and 
                property damage; or
                  (C) there is an opportunity to decrease total 
                life cycle rehabilitation costs for the 
                project; and
          (2) the non-Federal sponsor agrees to pay the 
        difference between the cost of repair, restoration, or 
        rehabilitation to the original design level or original 
        capacity and the cost of achieving the higher level of 
        protection or capacity sought by the non-Federal 
        sponsor.
  (e) Notice.--The Secretary shall notify the non-Federal 
sponsor of the opportunity to request implementation of 
nonstructural alternatives to the repair or restoration of the 
flood control work under subsection (a).

                    NATIONAL DAM SAFETY PROGRAM ACT


(33 U.S.C. 467 NT)

           *       *       *       *       *       *       *


SEC. 2. DEFINITIONS.

  In this Act, the following definitions apply:
          (1) Board.--The term ``Board'' means a National Dam 
        Safety Review Board established under section 8(f).
          (2) Dam.--The term ``dam''--
                  (A) means any artificial barrier that has the 
                ability to impound water, wastewater, or any 
                liquid-borne material, for the purpose of 
                storage or control of water, that--
                          (i) is 25 feet or more in height 
                        from--
                                  (I) the natural bed of the 
                                stream channel or watercourse 
                                measured at the downstream toe 
                                of the barrier; or
                                  (II) if the barrier is not 
                                across a stream channel or 
                                watercourse, from the lowest 
                                elevation of the outside limit 
                                of the barrier;
                        to the maximum water storage elevation; 
                        or
                          (ii) has an impounding capacity for 
                        maximum storage elevation of 50 acre-
                        feet or more; but
                  (B) does not include--
                          (i) a levee; or
                          (ii) a barrier described in 
                        subparagraph (A) that--
                                  (I) is 6 feet or less in 
                                height regardless of storage 
                                capacity; or
                                  (II) has a storage capacity 
                                at the maximum water storage 
                                elevation that is 15 acre-feet 
                                or less regardless of height;
                        unless the barrier, because of the 
                        location of the barrier or another 
                        physical characteristic of the barrier, 
                        is likely to pose a significant threat 
                        to human life or property if the 
                        barrier fails (as determined by the 
                        Director).
          (3) Director.--The term ``Director'' means the 
        Director of FEMA.
          (4) Eligible high hazard potential dam.--
                  (A) In general.--The term `eligible high 
                hazard potential dam' means a non-Federal dam 
                that--
                          (i) is located in a State with a 
                        State dam safety program;
                          (ii) is classified as `high hazard 
                        potential' by the State dam safety 
                        agency in the State in which the dam is 
                        located;
                          (iii) has an emergency action plan 
                        approved by the relevant State dam 
                        safety agency; and
                          (iv) the State in which the dam is 
                        located determines--
                                  (I) fails to meet minimum dam 
                                safety standards of the State; 
                                and
                                  (II) poses an unacceptable 
                                risk to the public.
                  (B) Exclusion.--The term `eligible high 
                hazard potential dam' does not include--
                          (i) a licensed hydroelectric dam; or
                          (ii) a dam built under the authority 
                        of the Secretary of Agriculture.
          [(4)] (5) Federal agency.--The term ``Federal 
        agency'' means a Federal agency that designs, finances, 
        constructs, owns, operates, maintains, or regulates the 
        construction, operation, or maintenance of a dam.
          [(5)] (6) Federal guidelines for dam safety.--The 
        term ``Federal Guidelines for Dam Safety'' means the 
        FEMA publication, numbered 93 and dated June 1979, that 
        defines management practices for dam safety at all 
        Federal agencies.
          [(6)] (7) FEMA.--The term ``FEMA'' means the Federal 
        Emergency Management Agency.
          [(7)] (8) Hazard reduction.--The term ``hazard 
        reduction'' means the reduction in the potential 
        consequences to life and property of dam failure.
          [(8)] (9) ICODS.--The term ``ICODS'' means the 
        Interagency Committee on Dam Safety established by 
        section 7.
          (10) Non-federal sponsor.--The term `non-Federal 
        sponsor', in the case of a project receiving assistance 
        under section 8A, includes--
                  (A) a governmental organization; and
                  (B) a nonprofit organization.
          [(9)] (11) Program.--The term ``Program'' means the 
        national dam safety program established under section 
        8.
          (12) Rehabilitation.--The term `rehabilitation' means 
        the repair, replacement, reconstruction, or removal of 
        a dam that is carried out to meet applicable State dam 
        safety and security standards.
          [(10)] (13) State.--The term ``State'' means each of 
        the several States of the United States, the District 
        of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands, Guam, American Samoa, the Commonwealth 
        of the Northern Mariana Islands, and any other 
        territory or possession of the United States.
          [(11)] (14) State dam safety agency.--The term 
        ``State dam safety agency'' means a State agency that 
        has regulatory authority over the safety of non-Federal 
        dams.
          [(12)] (15) State dam safety program.--The term 
        ``State dam safety program'' means a State dam safety 
        program approved and assisted under section 8(e).
          [(13)] (16) United states.--The term ``United 
        States'', when used in a geographical sense, means all 
        of the States.

           *       *       *       *       *       *       *


SEC. 8. NATIONAL DAM SAFETY PROGRAM.

  (a) In General.--The Director, in consultation with ICODS and 
State dam safety agencies, and the Board shall establish and 
maintain, in accordance with this section, a coordinated 
national dam safety program. The Program shall--
          (1)* * *

           *       *       *       *       *       *       *


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

  (a) Establishment of Program.--The Administrator shall 
establish, within FEMA, a program to provide technical, 
planning, design, and construction assistance in the form of 
grants to non-Federal sponsors for rehabilitation of eligible 
high hazard potential dams.
  (b) Eligible Activities.--A grant awarded under this section 
for a project may be used for--
          (1) repair;
          (2) removal; or
          (3) any other structural or nonstructural measures to 
        rehabilitate a high hazard potential dam.
  (c) Award of Grants.--
          (1) Application.--
                  (A) In general.--A non-Federal sponsor 
                interested in receiving a grant under this 
                section may submit to the Administrator an 
                application for the grant.
                  (B) Requirements.--An application submitted 
                to the Administrator under this section shall 
                be submitted at such time, be in such form, and 
                contain such information as the Administrator 
                may prescribe by regulation pursuant to section 
                3004(c) of the Water Resources Development Act 
                of 2016.
          (2) Grant.--
                  (A) In general.--The Administrator may make a 
                grant in accordance with this section for 
                rehabilitation of a high hazard potential dam 
                to a non-Federal sponsor that submits an 
                application for the grant in accordance with 
                the regulations prescribed by the 
                Administrator.
                  (B) Project grant agreement.--The 
                Administrator shall enter into a project grant 
                agreement with the non-Federal sponsor to 
                establish the terms of the grant and the 
                project, including the amount of the grant.
                  (C) Grant assurance.--As part of a project 
                grant agreement under subparagraph (B), the 
                Administrator shall require the non-Federal 
                sponsor to provide an assurance, with respect 
                to the dam to be rehabilitated under the 
                project, that the owner of the dam has 
                developed and will carry out a plan for 
                maintenance of the dam during the expected life 
                of the dam.
                  (D) Limitation.--A grant provided under this 
                section shall not exceed the lesser of--
                          (i) 12.5 percent of the total amount 
                        of funds made available to carry out 
                        this section; or
                          (ii) $7,500,000.
  (d) Requirements.--
          (1) Approval.--A grant awarded under this section for 
        a project shall be approved by the relevant State dam 
        safety agency.
          (2) Non-federal sponsor requirements.--To receive a 
        grant under this section, the non-Federal sponsor 
        shall--
                  (A) participate in, and comply with, all 
                applicable Federal flood insurance programs;
                  (B) have in place a hazard mitigation plan 
                that--
                          (i) includes all dam risks; and
                          (ii) complies with the Disaster 
                        Mitigation Act of 2000 (Public Law 106-
                        390; 114 Stat. 1552);
                  (C) commit to provide operation and 
                maintenance of the project for the 50-year 
                period following completion of rehabilitation;
                  (D) comply with such minimum eligibility 
                requirements as the Administrator may establish 
                to ensure that each owner and operator of a dam 
                under a participating State dam safety 
                program--
                          (i) acts in accordance with the State 
                        dam safety program; and
                          (ii) carries out activities relating 
                        to the public in the area around the 
                        dam in accordance with the hazard 
                        mitigation plan described in 
                        subparagraph (B); and
                  (E) comply with section 611(j)(9) of the 
                Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5196(j)(9)) 
                (as in effect on the date of enactment of this 
                section) with respect to projects receiving 
                assistance under this section in the same 
                manner as recipients are required to comply in 
                order to receive financial contributions from 
                the Administrator for emergency preparedness 
                purposes.
  (e) Floodplain Management Plans.--
          (1) In general.--As a condition of receipt of 
        assistance under this section, the non-Federal entity 
        shall demonstrate that a floodplain management plan to 
        reduce the impacts of future flood events in the area 
        protected by the project--
                  (A) is in place; or
                  (B) will be--
                          (i) developed not later than 1 year 
                        after the date of execution of a 
                        project agreement for assistance under 
                        this section; and
                          (ii) implemented not later than 1 
                        year after the date of completion of 
                        construction of the project.
          (2) Inclusions.--A plan under paragraph (1) shall 
        address--
                  (A) potential measures, practices, and 
                policies to reduce loss of life, injuries, 
                damage to property and facilities, public 
                expenditures, and other adverse impacts of 
                flooding in the area protected by the project;
                  (B) plans for flood fighting and evacuation; 
                and
                  (C) public education and awareness of flood 
                risks.
          (3) Technical support.--The Administrator may provide 
        technical support for the development and 
        implementation of floodplain management plans prepared 
        under this subsection.
  (f) Priority System.--The Administrator, in consultation with 
the Board, shall develop a risk-based priority system for use 
in identifying high hazard potential dams for which grants may 
be made under this section.
  (g) Funding.--
          (1) Cost sharing.--
                  (A) In general.--Any assistance provided 
                under this section for a project shall be 
                subject to a non-Federal cost-sharing 
                requirement of not less than 35 percent.
                  (B) In-kind contributions.--The non-Federal 
                share under subparagraph (A) may be provided in 
                the form of in-kind contributions.
          (2) Allocation of funds.--The total amount of funds 
        made available to carry out this section for each 
        fiscal year shall be distributed as follows:
                  (A) Equal distribution.--\1/3\ shall be 
                distributed equally among the States in which 
                the projects for which applications are 
                submitted under subsection (c)(1) are located.
                  (B) Need-based.--\2/3\ shall be distributed 
                among the States in which the projects for 
                which applications are submitted under 
                subsection (c)(1) are located based on the 
                proportion that--
                          (i) the number of eligible high 
                        hazard potential dams in the State; 
                        bears to
                          (ii) the number of eligible high 
                        hazard potential dams in all States in 
                        which projects for which applications 
                        are submitted under subsection (c)(1).
  (h) Use of Funds.--None of the funds provided in the form of 
a grant or otherwise made available under this section shall be 
used--
          (1) to rehabilitate a Federal dam;
          (2) to perform routine operation or maintenance of a 
        dam;
          (3) to modify a dam to produce hydroelectric power;
          (4) to increase water supply storage capacity; or
          (5) to make any other modification to a dam that does 
        not also improve the safety of the dam.
  (i) Contractual Requirements.--
          (1) In general.--Subject to paragraph (2), as a 
        condition on the receipt of a grant under this section 
        of an amount greater than $1,000,000, a non-Federal 
        sponsor that receives the grant shall require that each 
        contract and subcontract for program management, 
        construction management, planning studies, feasibility 
        studies, architectural services, preliminary 
        engineering, design, engineering, surveying, mapping, 
        and related services entered into using funds from the 
        grant be awarded in the same manner as a contract for 
        architectural and engineering services is awarded 
        under--
                  (A) chapter 11 of title 40, United States 
                Code; or
                  (B) an equivalent qualifications-based 
                requirement prescribed by the relevant State.
          (2) No proprietary interest.--A contract awarded in 
        accordance with paragraph (1) shall not be considered 
        to confer a proprietary interest upon the United 
        States.
  (j) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section--
          (1) $10,000,000 for fiscal years 2017 and 2018;
          (2) $25,000,000 for fiscal year 2019;
          (3) $40,000,000 for fiscal year 2020; and
          (4) $60,000,000 for each of fiscal years 2021 through 
        2026.

           *       *       *       *       *       *       *


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

  Sec. 1414. (a)(1)(A) Whenever the Administrator finds during 
a period during which a State has primary enforcement 
responsibility for public water systems (within the meaning of 
section 1413(a)) that any public water system--
          (i)* * *

           *       *       *       *       *       *       *

  (c) Notice to Persons Served.--
          (1) In general.--Each owner or operator of a public 
        water system shall give notice of each of the following 
        to the persons served by the system:
                  (A)* * *

           *       *       *       *       *       *       *

                  (C) Notice of the concentration level of any 
                unregulated contaminant for which the 
                Administrator has required public notice 
                pursuant to [paragraph (2)(E)] paragraph 
                (2)(F).
                  (D) Notice of any exceedance of a lead action 
                level or any other prescribed level of lead in 
                a regulation issued under section 1412, 
                including the concentrations of lead found in a 
                monitoring activity.
          (2) Form, manner, and frequency of notice.--
                  (A) In general.--* * *

           *       *       *       *       *       *       *

                  (B) State requirements.--
                          (i) In general.--A State may, by 
                        rule, establish alternative 
                        notification requirements--
                                  (I) with respect to the form 
                                and content of notice given 
                                under and in a manner in 
                                accordance with subparagraph 
                                (C); and
                                  (II) with respect to the form 
                                and content of notice given 
                                under [subparagraph (D)] 
                                subparagraph (E).

           *       *       *       *       *       *       *

                  (C) Violations with potential to have serious 
                adverse effects on human health.--Regulations 
                issued under subparagraph (A) shall specify 
                notification procedures for each violation by a 
                public water system that has the potential to 
                have serious adverse effects on human health as 
                a result of short-term exposure. Each notice of 
                violation provided under this subparagraph 
                shall--
                          (i) be distributed as soon as 
                        practicable after the occurrence of the 
                        violation, but not later than 24 hours 
                        after the occurrence of the violation;
                          (ii) provide a clear and readily 
                        understandable explanation of--
                                  (I) the violation;
                                  (II) the potential adverse 
                                effects on human health;
                                  (III) the steps that the 
                                public water system is taking 
                                to correct the violation; and
                                  (IV) the necessity of seeking 
                                alternative water supplies 
                                until the violation is 
                                corrected;
                          (iii) be provided to the 
                        [Administrator or] Administrator, the 
                        Director of the Centers for Disease 
                        Control and Prevention, and, if 
                        applicable, the head of the State 
                        agency that has primary enforcement 
                        responsibility under section 1413 and 
                        the appropriate State and county health 
                        agencies as soon as practicable, but 
                        not later than 24 hours after the 
                        occurrence of the violation; and
                  (D) Exceedance of lead action level.--
                Regulations issued under subparagraph (A) shall 
                specify notification procedures for an 
                exceedance of a lead action level or any other 
                prescribed level of lead in a regulation issued 
                under section 1412.
                  [(D)] (E) Written notice.--
                          (i) In general.--Regulations issued 
                        under subparagraph (A) shall specify 
                        notification procedures for violations 
                        other than the violations covered by 
                        subparagraph (C). The procedures shall 
                        specify that a public water system 
                        shall provide written notice to each 
                        person served by the system by notice 
                        (I) in the first bill (if any) prepared 
                        after the date of occurrence of the 
                        violation, (II) in an annual report 
                        issued not later than 1 year after the 
                        date of occurrence of the violation, or 
                        (III) by mail or direct delivery as 
                        soon as practicable, but not later than 
                        1 year after the date of occurrence of 
                        the violation.
                          (ii) Form and manner of notice.--The 
                        Administrator shall prescribe the form 
                        and manner of the notice to provide a 
                        clear and readily understandable 
                        explanation of the violation, any 
                        potential adverse health effects, and 
                        the steps that the system is taking to 
                        seek alternative water supplies, if 
                        any, until the violation is corrected.
                  [(E)] (F) Unregulated contaminants.--The 
                Administrator may require the owner or operator 
                of a public water system to give notice to the 
                persons served by the system of the 
                concentration levels of an unregulated 
                contaminant required to be monitored under 
                section 1445(a).
          (3) Notification of the public relating to lead.--
                  (A) Exceedance of lead action level.--Not 
                later than 15 days after the date of an 
                exceedance of a lead action level or any other 
                prescribed level of lead in a regulation issued 
                under section 1412, the Administrator shall 
                notify the public of the concentrations of lead 
                found in the monitoring activity conducted by 
                the public water system if the public water 
                system or the State does not notify the public 
                of the concentrations of lead found in a 
                monitoring activity.
                  (B) Results of lead monitoring.--
                          (i) In general.--The Administrator 
                        may provide notice of any result of 
                        lead monitoring conducted by a public 
                        water system to--
                                  (I) any person that is served 
                                by the public water system; or
                                  (II) the local or State 
                                health department of a locality 
                                or State in which the public 
                                water system is located.
                          (ii) Form of notice.--The 
                        Administrator may provide the notice 
                        described in clause (i) by--
                                  (I) press release; or
                                  (II) other form of 
                                communication, including local 
                                media.
                  (C) Privacy.--Notice to the public shall 
                protect the privacy of individual customer 
                information.
          [(3)] (4) Reports.--
                  (A) Annual report by state.--
                          (i) In general.--Not later than 
                        January 1, 1998, and annually 
                        thereafter, each State that has primary 
                        enforcement responsibility under 
                        section 1413 shall prepare, make 
                        readily available to the public, and 
                        submit to the Administrator an annual 
                        report on violations of national 
                        primary drinking water regulations by 
                        public water systems in the State, 
                        including violations with respect to 
                        (I) maximum contaminant levels, (II) 
                        treatment requirements, (III) variances 
                        and exemptions, and (IV) monitoring 
                        requirements determined to be 
                        significant by the Administrator after 
                        consultation with the States.
                          (ii) Distribution.--The State shall 
                        publish and distribute summaries of the 
                        report and indicate where the full 
                        report is available for review.
                  (B) Annual report by administrator.--Not 
                later than July 1, 1998, and annually 
                thereafter, the Administrator shall prepare and 
                make available to the public an annual report 
                summarizing and evaluating reports submitted by 
                States pursuant to subparagraph (A) and notices 
                submitted by public water systems serving 
                Indian Tribes provided to the Administrator 
                pursuant to subparagraph (C) or [(D)] (E) of 
                paragraph (2) and making recommendations 
                concerning the resources needed to improve 
                compliance with this title. The report shall 
                include information about public water system 
                compliance on Indian reservations and about 
                enforcement activities undertaken and financial 
                assistance provided by the Administrator on 
                Indian reservations, and shall make specific 
                recommendations concerning the resources needed 
                to improve compliance with this title on Indian 
                reservations.
          [(4)] (5) Consumer confidence reports by community 
        water systems.--
                  (A) Annual reports to consumers.--The 
                Administrator, in consultation with public 
                water systems, environmental groups, public 
                interest groups, risk communication experts, 
                and the States, and other interested parties, 
                shall issue regulations within 24 months after 
                the date of enactment of this paragraph to 
                require each community water system to mail to 
                each customer of the system at least once 
                annually a report on the level of contaminants 
                in the drinking water purveyed by that system 
                (referred to in this paragraph as a ``consumer 
                confidence report''). Such regulations shall 
                provide a brief and plainly worded definition 
                of the terms ``maximum contaminant level 
                goal'', ``maximum contaminant level'', 
                ``variances'', and ``exemptions'' and brief 
                statements in plain language regarding the 
                health concerns that resulted in regulation of 
                each regulated contaminant. The regulations 
                shall also include a brief and plainly worded 
                explanation regarding contaminants that may 
                reasonably be expected to be present in 
                drinking water, including bottled water. The 
                regulations shall also provide for an 
                Environmental Protection Agency toll-free 
                hotline that consumers can call for more 
                information and explanation.
                  (B) Contents of report.--The consumer 
                confidence reports under this paragraph shall 
                include, but not be limited to, each of the 
                following:
                          (i) Information on the source of the 
                        water purveyed.
                          (ii) A brief and plainly worded 
                        definition of the terms ``maximum 
                        contaminant level goal'', ``maximum 
                        contaminant level'', ``variances'', and 
                        ``exemptions'' as provided in the 
                        regulations of the Administrator.
                          (iii) If any regulated contaminant is 
                        detected in the water purveyed by the 
                        public water system, a statement 
                        setting forth (I) the maximum 
                        contaminant level goal, (II) the 
                        maximum contaminant level, (III) the 
                        level of such contaminant in such water 
                        system, and (IV) for any regulated 
                        contaminant for which there has been a 
                        violation of the maximum contaminant 
                        level during the year concerned, the 
                        brief statement in plain language 
                        regarding the health concerns that 
                        resulted in regulation of such 
                        contaminant, as provided by the 
                        Administrator in regulations under 
                        subparagraph (A).
                          (iv) Information on compliance with 
                        national primary drinking water 
                        regulations, as required by the 
                        Administrator, and notice if the system 
                        is operating under a variance or 
                        exemption and the basis on which the 
                        variance or exemption was granted.
                          (v) Information on the levels of 
                        unregulated contaminants for which 
                        monitoring is required under section 
                        1445(a)(2) (including levels of 
                        cryptosporidium and radon where States 
                        determine they may be found).
                          (vi) A statement that the presence of 
                        contaminants in drinking water does not 
                        necessarily indicate that the drinking 
                        water poses a health risk and that more 
                        information about contaminants and 
                        potential health effects can be 
                        obtained by calling the Environmental 
                        Protection Agency hotline.
                A public water system may include such 
                additional information as it deems appropriate 
                for public education. The Administrator may, 
                for not more than 3 regulated contaminants 
                other than those referred to in subclause (IV) 
                of clause (iii), require a consumer confidence 
                report under this paragraph to include the 
                brief statement in plain language regarding the 
                health concerns that resulted in regulation of 
                the contaminant or contaminants concerned, as 
                provided by the Administrator in regulations 
                under subparagraph (A).
                  (C) Coverage.--The Governor of a State may 
                determine not to apply the mailing requirement 
                of subparagraph (A) to a community water system 
                serving fewer than 10,000 persons. Any such 
                system shall--
                          (i) inform, in the newspaper notice 
                        required by clause (iii) or by other 
                        means, its customers that the system 
                        will not be mailing the report as 
                        required by subparagraph (A);
                          (ii) make the consumer confidence 
                        report available upon request to the 
                        public; and
                          (iii) publish the report referred to 
                        in subparagraph (A) annually in one or 
                        more local newspapers serving the area 
                        in which customers of the system are 
                        located.
                  (D) Alternative to publication.--For any 
                community water system which, pursuant to 
                subparagraph (C), is not required to meet the 
                mailing requirement of subparagraph (A) and 
                which serves 500 persons or fewer, the 
                community water system may elect not to comply 
                with clause (i) or (iii) of subparagraph (C). 
                If the community water system so elects, the 
                system shall, at a minimum--
                          (i) prepare an annual consumer 
                        confidence report pursuant to 
                        subparagraph (B); and
                          (ii) provide notice at least once per 
                        year to each of its customers by mail, 
                        by door-to-door delivery, by posting or 
                        by other means authorized by the 
                        regulations of the Administrator that 
                        the consumer confidence report is 
                        available upon request.
                  (E) Alternative form and content.--A State 
                exercising primary enforcement responsibility 
                may establish, by rule, after notice and public 
                comment, alternative requirements with respect 
                to the form and content of consumer confidence 
                reports under this paragraph.

           *       *       *       *       *       *       *

  (i) Definition of Applicable Requirement.--In this section, 
the term ``applicable requirement'' means--
          (1)* * *

           *       *       *       *       *       *       *

  (j) Electronic Reporting of Compliance Monitoring Data.--
          (1) In general.--As a condition on the receipt of 
        funds under this Act, the Administrator shall require 
        electronic submission of available compliance 
        monitoring data, if practicable--
                  (A) by public water systems--
                          (i) to the Administrator; or
                          (ii) with respect to a public water 
                        system in a State that has primary 
                        enforcement responsibility under 
                        section 1413, to that State; and
                  (B) by each State that has primary 
                enforcement responsibility under section 1413 
                to the Administrator.
          (2) Considerations.--In determining whether the 
        condition referred to in paragraph (1) is practicable, 
        the Administrator shall consider--
                  (A) the ability of a public water system or 
                State to meet the requirements of sections 3.1 
                through 3.2000 of title 40, Code of Federal 
                Regulations (or successor regulations);
                  (B) information system compatibility;
                  (C) the size of the public water system; and
                  (D) the size of the community served by the 
                public water system.

           *       *       *       *       *       *       *

  Sec. 1452. (a) General Authority.--
          (1) Grants to states to establish state loan funds.--
                  (A) In general.--* * *

           *       *       *       *       *       *       *

          (2) Use of funds.--
                  (A) Except as otherwise authorized by this 
                title, amounts deposited in a State loan fund, 
                including loan repayments and interest earned 
                on such amounts, shall be used only for 
                providing loans or loan guarantees, or as a 
                source of reserve and security for leveraged 
                loans, the proceeds of which are deposited in a 
                State loan fund established under paragraph 
                (1), or other financial assistance authorized 
                under this section to community water systems 
                and nonprofit noncommunity water systems, other 
                than systems owned by Federal agencies.
                  (B) Financial assistance under this section 
                may be used by a public water system only for 
                expenditures [(not] (including expenditures for 
                planning, design, and associated 
                preconstruction activities, including 
                activities relating to the siting of the 
                facility, but not including monitoring, 
                operation, and maintenance expenditures) of a 
                type or category which the Administrator has 
                determined, through guidance, will facilitate 
                compliance with national primary drinking water 
                regulations applicable to the system under 
                section 1412 or otherwise significantly further 
                the health protection objectives of this title 
                or to replace or rehabilitate aging treatment, 
                storage, or distribution facilities of public 
                water systems or provide for capital projects 
                (excluding any expenditure for operations and 
                maintenance) to upgrade the security of public 
                water systems;.
                  (C) Sale of bonds.--Funds may also be used by 
                a public water system as a source of revenue 
                (restricted solely to interest earnings of the 
                applicable State loan fund) or security for 
                payment of the principal and interest on 
                revenue or general obligation bonds issued by 
                the State to provide matching funds under 
                subsection (e), if the proceeds of the sale of 
                the bonds will be deposited in the State loan 
                fund.
                  (D) The funds may also be used to provide 
                loans to a system referred to in section 
                1401(4)(B) for the purpose of providing the 
                treatment described in section 
                1401(4)(B)(i)(III).
                  (E) The funds shall not be used for the 
                acquisition of real property or interests 
                therein, unless the acquisition is integral to 
                a project authorized by this paragraph and the 
                purchase is from a willing seller.
                  (F) Of the amount credited to any State loan 
                fund established under this section in any 
                fiscal year, 15 percent shall be available 
                solely for providing loan assistance to public 
                water systems which regularly serve fewer than 
                10,000 persons to the extent such funds can be 
                obligated for eligible projects of public water 
                systems.

           *       *       *       *       *       *       *

  (b) Intended Use Plans.--
          (1) In general.--After providing for public review 
        and comment, each State that has entered into a 
        capitalization agreement pursuant to this section shall 
        annually prepare a plan that identifies the intended 
        uses of the amounts available to the State loan fund of 
        the State.
          (2) Contents.--An intended use plan shall include--
                  (A) a list of the projects to be assisted in 
                the first fiscal year that begins after the 
                date of the plan, including a description of 
                the project, the expected terms of financial 
                assistance, and the size of the community 
                served;
                  (B) the criteria and methods established for 
                the distribution of funds; and
                  (C) a description of the financial status of 
                the State loan fund and the short-term and 
                long-term goals of the State loan fund.
          (3) Use of funds.--
                  [(A) In general.--An intended use plan shall 
                provide, to the maximum extent practicable, 
                that priority for the use of funds be given to 
                projects that--
                          [(i) address the most serious risk to 
                        human health;
                          [(ii) are necessary to ensure 
                        compliance with the requirements of 
                        this title (including requirements for 
                        filtration); and
                          [(iii) assist systems most in need on 
                        a per household basis according to 
                        State affordability criteria.]
                  (A) Definition of restructuring.--In this 
                paragraph, the term `restructuring' means 
                changes in operations (including ownership, 
                cooperative partnerships, asset management, 
                consolidation, and alternative water supply).
                  (B) Priority system.--An intended use plan 
                shall provide, to the maximum extent 
                practicable, that priority for the use of funds 
                be given to projects that--
                          (i) address the most serious risk to 
                        human health;
                          (ii) are necessary to ensure 
                        compliance with this title (including 
                        requirements for filtration);
                          (iii) assist systems most in need on 
                        a per-household basis according to 
                        State affordability criteria; and
                          (iv) improve the sustainability of 
                        systems.
                  (C) Weight given to applications.--After 
                determining project priorities under 
                subparagraph (B), an intended use plan shall 
                provide that the State shall give greater 
                weight to an application for assistance by a 
                community water system if the application 
                includes such information as the State 
                determines to be necessary and contains--
                          (i) a description of utility 
                        management best practices undertaken by 
                        a treatment works applying for 
                        assistance, including--
                                  (I) an inventory of assets, 
                                including a description of the 
                                condition of the assets;
                                  (II) a schedule for 
                                replacement of assets;
                                  (III) a financing plan that 
                                factors in all lifecycle costs 
                                indicating sources of revenue 
                                from ratepayers, grants, bonds, 
                                other loans, and other sources 
                                to meet the costs; and
                                  (IV) a review of options for 
                                restructuring the public water 
                                system;
                          (ii) demonstration of consistency 
                        with State, regional, and municipal 
                        watershed plans;
                          (iii) a water conservation plan 
                        consistent with guidelines developed 
                        for those plans by the Administrator 
                        under section 1455(a); and
                          (iv) approaches to improve the 
                        sustainability of the system, 
                        including--
                                  (I) water efficiency or 
                                conservation, including the 
                                rehabilitation or replacement 
                                of existing leaking pipes;
                                  (II) use of reclaimed water;
                                  (III) actions to increase 
                                energy efficiency; and
                                  (IV) implementation of source 
                                water protection plans.; and
                  [(B)] (D) List of projects.--Each State 
                shall, after notice and opportunity for public 
                comment, publish and [periodically] at least 
                biennially update a list of projects in the 
                State that are eligible for assistance under 
                this section, including the priority assigned 
                to each project and, to the extent known, the 
                expected funding schedule for each project.

           *       *       *       *       *       *       *

  (d) [Assistance for Disadvantaged Communities] Additional 
Assistance.--
          (1) Loan subsidy.--[Notwithstanding]
                  (A) In general.--Notwithstanding any other 
                provision of this section, in any case in which 
                the State makes a loan pursuant to subsection 
                (a)(2) to a disadvantaged community or to a 
                community that the State expects to become a 
                disadvantaged community as the result of a 
                proposed project, the State may provide 
                additional subsidization (including forgiveness 
                of principal).
                  (B) Innovative water technology.--
                Notwithstanding any other provision of this 
                section, in the case of a State that makes a 
                loan under subsection (a)(2) to carry out an 
                eligible activity through the use of an 
                innovative water technology (including 
                technologies to improve water treatment to 
                ensure compliance with this title and 
                technologies to identify and mitigate sources 
                of drinking water contamination, including lead 
                contamination), the State may provide 
                additional subsidization, including forgiveness 
                of principal that is not more than 50 percent 
                of the cost of the portion of the project 
                associated with the innovative technology.
          (2) Total amount of subsidies.--[For each fiscal 
        year]
                  (A) In general.--For each fiscal year, the 
                total amount of loan subsidies made by a State 
                pursuant to paragraph (1) may not exceed 30 
                percent of the amount of the capitalization 
                grant received by the State for the year.
                  (B) Innovative water technology.--For each 
                fiscal year, not more than 20 percent of the 
                loan subsidies that may be made by a State 
                under paragraph (1) may be used to provide 
                additional subsidization under subparagraph (B) 
                of that paragraph.
          (3) Definition of disadvantaged community.--In this 
        subsection, the term ``disadvantaged community'' means 
        the service area, or portion of a service area, of a 
        public water system that meets affordability criteria 
        established after public review and comment by the 
        State in which the public water system is located. The 
        Administrator may publish information to assist States 
        in establishing affordability criteria.

           *       *       *       *       *       *       *

  (g) Administration of State Loan Funds.--
          (1) Combined financial administration.--
        Notwithstanding subsection (c), a State may (as a 
        convenience and to avoid unnecessary administrative 
        costs) combine, in accordance with State law, the 
        financial administration of a State loan fund 
        established under this section with the financial 
        administration of any other revolving fund established 
        by the State if otherwise not prohibited by the law 
        under which the State loan fund was established and if 
        the Administrator determines that--
                  (A) the grants under this section, together 
                with loan repayments and interest, will be 
                separately accounted for and used solely for 
                the purposes specified in subsection (a); and
                  (B) the authority to establish assistance 
                priorities and carry out oversight and related 
                activities (other than financial 
                administration) with respect to assistance 
                remains with the State agency having primary 
                responsibility for administration of the State 
                program under section 1413, after consultation 
                with other appropriate State agencies (as 
                determined by the State): Provided, That in 
                nonprimacy States eligible to receive 
                assistance under this section, the Governor 
                shall determine which State agency will have 
                authority to establish priorities for financial 
                assistance from the State loan fund.
          (2) Cost of administering fund.--Each State may 
        annually use [up to 4 percent of the funds allotted to 
        the State under this section], for each fiscal year, an 
        amount that does not exceed the sum of the amount of 
        any fees collected by the State for use in covering 
        reasonable costs of administration of programs under 
        this section, regardless of the source, and an amount 
        equal to the greatest of $400,000, 1/5 percent of the 
        current valuation of the fund, or 4 percent of all 
        grant awards to the fund under this section for the 
        fiscal year, to cover the reasonable costs of 
        administration of the programs under this section, 
        including the recovery of reasonable costs expended to 
        establish a State loan fund which are incurred after 
        the date of enactment of this section, and to provide 
        technical assistance to public water systems within the 
        State. For fiscal year 1995 and each fiscal year 
        thereafter, each State may use up to an additional 10 
        percent of the funds allotted to the State under this 
        section--
                  (A) for public water system supervision 
                programs under section 1443(a);
                  (B) to administer or provide technical 
                assistance through source water protection 
                programs;
                  (C) to develop and implement a capacity 
                development strategy under section 1420(c); and
                  (D) for an operator certification program for 
                purposes of meeting the requirements of section 
                [1419,
        if the State matches the expenditures with at least an 
        equal amount of State funds. At least half of the match 
        must be additional to the amount expended by the State 
        for public water supervision in fiscal year 1993.] 
        1419. An additional 2 percent of the funds annually 
        allotted to each State under this section may be used 
        by the State to provide technical assistance to public 
        water systems serving 10,000 or fewer persons in the 
        State. Funds utilized under subparagraph (B) shall not 
        be used for enforcement actions.

           *       *       *       *       *       *       *

  (k) Other Authorized Activities.--
          (1) In general.--Notwithstanding subsection (a)(2), a 
        State may take each of the following actions:
                  (A) Provide assistance, only in the form of a 
                loan, to one or more of the following:
                          (i) Any public water system described 
                        in subsection (a)(2) to acquire land or 
                        a conservation easement from a willing 
                        seller or grantor, if the purpose of 
                        the acquisition is to protect the 
                        source water of the system from 
                        contamination and to ensure compliance 
                        with national primary drinking water 
                        regulations.
                          (ii) Any community water system to 
                        implement local, voluntary source water 
                        protection measures to protect source 
                        water in areas delineated pursuant to 
                        section 1453, in order to facilitate 
                        compliance with national primary 
                        drinking water regulations applicable 
                        to the system under section 1412 or 
                        otherwise significantly further the 
                        health protection objectives of this 
                        title. Funds authorized under this 
                        clause may be used to fund only 
                        voluntary, incentive-based mechanisms.
                          (iii) Any community water system to 
                        provide funding in accordance with 
                        section 1454(a)(1)(B)(i).
                  (B) Provide assistance, including technical 
                and financial assistance, to any public water 
                system as part of a capacity development 
                strategy developed and implemented in 
                accordance with section 1420(c).
                  (C) Make expenditures from the capitalization 
                grant of the State for fiscal years 1996 and 
                1997 to delineate and assess source water 
                protection areas in accordance with section 
                1453, except that funds set aside for such 
                expenditure shall be obligated within 4 fiscal 
                years.
                  (D) Make expenditures from the fund for the 
                establishment and implementation of wellhead 
                protection programs under section 1428.
          (2) Limitation.--For each fiscal year, the total 
        amount of assistance provided and expenditures made by 
        a State under this subsection may not exceed 15 percent 
        of the amount of the capitalization grant received by 
        the State for that year and may not exceed 10 percent 
        of that amount for any one of the following activities:
                  (A) To acquire land or conservation easements 
                pursuant to paragraph (1)(A)(i).
                  (B) To provide funding to implement 
                voluntary, incentive-based source water quality 
                protection measures pursuant to clauses (ii) 
                and (iii) of paragraph (1)(A).
                  (C) To provide assistance through a capacity 
                development strategy pursuant to paragraph 
                (1)(B).
                  (D) To make expenditures to delineate or 
                assess source water protection areas pursuant 
                to paragraph (1)(C)(including implementation of 
                source water protection plans).
                  (E) To make expenditures to establish and 
                implement wellhead protection programs pursuant 
                to paragraph (1)(D).

           *       *       *       *       *       *       *

  (r) Evaluation.--The Administrator shall conduct an 
evaluation of the effectiveness of the State loan funds through 
fiscal year 2001. The evaluation shall be submitted to the 
Congress at the same time as the President submits to the 
Congress, pursuant to section 1108 of title 31, United States 
Code, an appropriations request for fiscal year 2003 relating 
to the budget of the Environmental Protection Agency.
  (s) Negotiation of Contracts.--For communities with 
populations of more than 10,000 individuals, a contract to be 
carried out using funds directly made available by a 
capitalization grant under this section for program management, 
construction management, feasibility studies, preliminary 
engineering, design, engineering, surveying, mapping, or 
architectural or related services shall be negotiated in the 
same manner as--
          (1) a contract for architectural and engineering 
        services is negotiated under chapter 11 of title 40, 
        United States Code; or
          (2) an equivalent State qualifications-based 
        requirement (as determined by the Governor of the 
        State).

           *       *       *       *       *       *       *

  (t) Technical Assistance.--The Administrator may provide 
technical assistance to facilitate and encourage the provision 
of financial assistance for the deployment of innovative water 
technologies.
  (u) Report.--Not later than 1 year after the date of 
enactment of the Water Resources Development Act of 2016, and 
not less frequently than every 5 years thereafter, the 
Administrator shall submit to Congress a report that 
describes--
          (1) the amount of financial assistance provided by 
        State loan funds to deploy innovative water 
        technologies;
          (2) the barriers impacting greater use of innovative 
        water technologies; and
          (3) the cost-saving potential to cities and future 
        infrastructure investments from emerging technologies.

           *       *       *       *       *       *       *


                         drinking water studies

  Sec. 1458. (a) Subpopulations at Greater Risk.--

           *       *       *       *       *       *       *


SEC. 1459A. ASSISTANCE FOR SMALL AND DISADVANTAGED COMMUNITIES.

  (a) Definition of Underserved Community.--In this section:
          (1) In general.--The term `underserved community' 
        means a local political subdivision that, as determined 
        by the Administrator, has an inadequate drinking water 
        or wastewater system.
          (2) Inclusions.--The term `underserved community' 
        includes a local political subdivision that, as 
        determined by the Administrator--
                  (A) does not have household drinking water or 
                wastewater services; and
                  (B) has a drinking water system that fails to 
                meet health-based standards under this Act, 
                including--
                          (i) a maximum contaminant level for a 
                        primary drinking water contaminant;
                          (ii) a treatment technique violation; 
                        and
                          (iii) an action level exceedance.
  (b) Establishment.--
          (1) In general.--The Administrator shall establish a 
        program under which grants are provided to eligible 
        entities for use in carrying out projects and 
        activities the primary purposes of which are to assist 
        community water systems in meeting the requirements of 
        this Act.
          (2) Inclusions.--Projects and activities under 
        paragraph (1) include--
                  (A) infrastructure investments necessary to 
                comply with the requirements of this Act,
                  (B) assistance that directly and primarily 
                benefits the disadvantaged community on a per-
                household basis, and
                  (C) programs to provide water quality 
                testing.
  (c) Eligible Entities.--An entity eligible to receive a grant 
under this section--
          (1) is--
                  (A) a community water system as defined in 
                section 1401; or
                  (B) a system that is located in an area 
                governed by an Indian Tribe (as defined in 
                section 1401); and
          (2) serves a community that, under affordability 
        criteria established by the State under section 
        1452(d)(3), is determined by the State--
                  (A) to be a disadvantaged community;
                  (B) to be a community that may become a 
                disadvantaged community as a result of carrying 
                out an eligible activity; or
                  (C) to serve a community with a population of 
                less than 10,000 individuals that the 
                Administrator determines does not have the 
                capacity to incur debt sufficient to finance 
                the project under subsection (b).
  (d) Priority.--In prioritizing projects for implementation 
under this section, the Administrator shall give priority to 
systems that serve underserved communities.
  (e) Local Participation.--In prioritizing projects for 
implementation under this section, the Administrator shall 
consult with, and consider the priorities of, affected States, 
Indian Tribes, and local governments.
  (f) Cost Sharing.--Before carrying out any project under this 
section, the Administrator shall enter into a binding agreement 
with 1 or more non-Federal interests that shall require the 
non-Federal interests--
          (1) to pay not less than 45 percent of the total 
        costs of the project, which may include services, 
        materials, supplies, or other in-kind contributions;
          (2) to provide any land, easements, rights-of-way, 
        and relocations necessary to carry out the project; and
          (3) to pay 100 percent of any operation, maintenance, 
        repair, replacement, and rehabilitation costs 
        associated with the project.
  (g) Waiver.--The Administrator may waive the requirement to 
pay the non-Federal share of the cost of carrying out an 
eligible activity using funds from a grant provided under this 
section if the Administrator determines that an eligible entity 
is unable to pay, or would experience significant financial 
hardship if required to pay, the non-Federal share.
  (h) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section--
          (1) $230,000,000 for fiscal year 2017; and
          (2) $300,000,000 for each of fiscal years 2018 
        through 2021.

SEC. 1459B. REDUCING LEAD IN DRINKING WATER.

  (a) Definitions.--In this section:
          (1) Eligible entity.--The term `eligible entity' 
        means--
                  (A) a community water system;
                  (B) a system located in an area governed by 
                an Indian Tribe;
                  (C) a nontransient noncommunity water system;
                  (D) a qualified nonprofit organization, as 
                determined by the Administrator; and
                  (E) a municipality or State, interstate, or 
                intermunicipal agency.
          (2) Lead reduction project.--
                  (A) In general.--The term `lead reduction 
                project' means a project or activity the 
                primary purpose of which is to reduce the level 
                of lead in water for human consumption by--
                          (i) replacement of publicly owned 
                        lead service lines;
                          (ii) testing, planning, or other 
                        relevant activities, as determined by 
                        the Administrator, to identify and 
                        address conditions (including corrosion 
                        control) that contribute to increased 
                        lead levels in water for human 
                        consumption;
                          (iii) assistance to low-income 
                        homeowners to replace privately owned 
                        service lines, pipes, fittings, or 
                        fixtures that contain lead; and
                          (iv) education of consumers regarding 
                        measures to reduce exposure to lead 
                        from drinking water or other sources.
                  (B) Limitation.--The term `lead reduction 
                project' does not include a partial lead 
                service line replacement if, at the conclusion 
                of the service line replacement, drinking water 
                is delivered to a household through a publicly 
                or privately owned portion of a lead service 
                line.
          (3) Low-income.--The term `low-income', with respect 
        to an individual provided assistance under this 
        section, has such meaning as may be given the term by 
        the head of the municipality or State, interstate, or 
        intermunicipal agency with jurisdiction over the area 
        to which assistance is provided.
          (4) Municipality.--The term `municipality' means--
                  (A) a city, town, borough, county, parish, 
                district, association, or other public entity 
                established by, or pursuant to, applicable 
                State law; and
                  (B) an Indian tribe (as defined in section 4 
                of the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450b)).
  (b) Grant Program.--
          (1) Establishment.--The Administrator shall establish 
        a grant program to provide assistance to eligible 
        entities for lead reduction projects in the United 
        States.
          (2) Precondition.--As a condition of receipt of 
        assistance under this section, before receiving the 
        assistance the eligible entity shall take steps to 
        identify--
                  (A) the source of lead in water for human 
                consumption; and
                  (B) the means by which the proposed lead 
                reduction project would reduce lead levels in 
                the applicable water system.
          (3) Priority application.--In providing grants under 
        this subsection, the Administrator shall give priority 
        to an eligible entity that--
                  (A) the Administrator determines, based on 
                affordability criteria established by the State 
                under section 1452(d)(3), to be a disadvantaged 
                community; and
                  (B) proposes to--
                          (i) carry out a lead reduction 
                        project at a public water system or 
                        nontransient noncommunity water system 
                        that has exceeded the lead action level 
                        established by the Administrator at any 
                        time during the 3-year period preceding 
                        the date of submission of the 
                        application of the eligible entity;
                          (ii) address lead levels in water for 
                        human consumption at a school, daycare, 
                        or other facility that primarily serves 
                        children or another vulnerable human 
                        subpopulation; or
                          (iii) address such priority criteria 
                        as the Administrator may establish, 
                        consistent with the goal of reducing 
                        lead levels of concern.
          (4) Cost sharing.--
                  (A) In general.--Subject to subparagraph (B), 
                the non-Federal share of the total cost of a 
                project funded by a grant under this subsection 
                shall be not less than 20 percent.
                  (B) Waiver.--The Administrator may reduce or 
                eliminate the non-Federal share under 
                subparagraph (A) for reasons of affordability, 
                as the Administrator determines to be 
                appropriate.
          (5) Low-income assistance.--
                  (A) In general.--Subject to subparagraph (B), 
                an eligible entity may use a grant provided 
                under this subsection to provide assistance to 
                low-income homeowners to carry out lead 
                reduction projects.
                  (B) Limitation.--The amount of a grant 
                provided to a low-income homeowner under this 
                paragraph shall not exceed the cost of 
                replacement of the privately owned portion of 
                the service line.
          (6) Special consideration for lead service line 
        replacement.--In carrying out lead service line 
        replacement using a grant under this subsection, an 
        eligible entity shall--
                  (A) notify customers of the replacement of 
                any publicly owned portion of the lead service 
                line;
                  (B) in the case of a homeowner who is not 
                low-income, offer to replace the privately 
                owned portion of the lead service line at the 
                cost of replacement;
                  (C) in the case of a low-income homeowner, 
                offer to replace the privately owned portion of 
                the lead service line and any pipes, fitting, 
                and fixtures that contain lead at a cost that 
                is equal to the difference between--
                          (i) the cost of replacement; and
                          (ii) the amount of low-income 
                        assistance available to the homeowner 
                        under paragraph (5);
                  (D) notify each customer that a planned 
                replacement of any publicly owned portion of a 
                lead service line that is funded by a grant 
                made under this subsection will not be carried 
                out unless the customer agrees to the 
                simultaneous replacement of the privately owned 
                portion of the lead service line; and
                  (E) demonstrate that the eligible entity has 
                considered multiple options for reducing lead 
                in drinking water, including an evaluation of 
                options for corrosion control.
  (c) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $60,000,000 for each 
of fiscal years 2017 through 2021.

           *       *       *       *       *       *       *


              lead contamination in school drinking water

  Sec. 1464. (a) Distribution of Drinking Water Cooler List.--
Within 100 days after the enactment of this section, the 
Administrator shall distribute to the States a list of each 
brand and model of drinking water cooler identified and listed 
by the Administrator under section 1463(a).
  (b) Guidance Document and Testing Protocol.--The 
Administrator shall publish a guidance document and a testing 
protocol to assist schools in determining the source and degree 
of lead contamination in school drinking water supplies and in 
remedying such contamination. The guidance document shall 
include guidelines for sample preservation. The guidance 
document shall also include guidance to assist States, schools, 
and the general public in ascertaining the levels of lead 
contamination in drinking water coolers and in taking 
appropriate action to reduce or eliminate such contamination. 
The guidance document shall contain a testing protocol for the 
identification of drinking water coolers which contribute to 
lead contamination in drinking water. Such document and 
protocol may be revised, republished and redistributed as the 
Administrator deems necessary. The Administrator shall 
distribute the guidance document and testing protocol to the 
States within 100 days after the enactment of this section.
  (c) Dissemination to Schools, Etc.--Each State shall provide 
for the dissemination to local educational agencies, private 
nonprofit elementary or secondary schools and to day care 
centers of the guidance document and testing protocol published 
under subsection (b), together with the list of drinking water 
coolers published under section 1463(a).
  [(d) Remedial Action Program.--
          [(1) Testing and remedying lead contamination.--
        Within 9 months after the enactment of this section, 
        each State shall establish a program, consistent with 
        this section, to assist local educational agencies in 
        testing for, and remedying, lead contamination in 
        drinking water from coolers and from other sources of 
        lead contamination at schools under the jurisdiction of 
        such agencies.
          [(2) Public availability.--A copy of the results of 
        any testing under paragraph (1) shall be available in 
        the administrative offices of the local educational 
        agency for inspection by the public, including 
        teachers, other school personnel, and parents. The 
        local educational agency shall notify parent, teacher, 
        and employee organizations of the availability of such 
        testing results.
          [(3) Coolers.--In the case of drinking water coolers, 
        such program shall include measures for the reduction 
        or elimination of lead contamination from those water 
        coolers which are not lead free and which are located 
        in schools. Such measures shall be adequate to ensure 
        that within 15 months after the enactment of this 
        subsection all such water coolers in schools under the 
        jurisdiction of such agencies are repaired, replaced, 
        permanently removed, or rendered inoperable unless the 
        cooler is tested and found (within the limits of 
        testing accuracy) not to contribute lead to drinking 
        water.]
  (d) Voluntary School and Child Care Lead Testing Grant 
Program.--
          (1) Definitions.--In this subsection:
                  (A) Child care program.--The term `child care 
                program' has the meaning given the term `early 
                childhood education program' in section 103 of 
                the Higher Education Act of 1965 (20 U.S.C. 
                1003).
                  (B) Local educational agency.--The term 
                `local educational agency' means--
                          (i) a local educational agency (as 
                        defined in section 8101 of the 
                        Elementary and Secondary Education Act 
                        of 1965 (20 U.S.C. 7801));
                          (ii) a tribal education agency (as 
                        defined in section 3 of the National 
                        Environmental Education Act (20 U.S.C. 
                        5502)); and
                          (iii) an operator of a child care 
                        program facility.
          (2) Establishment.--
                  (A) In general.--Not later than 180 days 
                after the date of enactment of the Water 
                Resources Development Act of 2016, the 
                Administrator shall establish a voluntary 
                school and child care lead testing grant 
                program to make grants available to States to 
                assist local educational agencies in voluntary 
                testing for lead contamination in drinking 
                water at schools and child care programs under 
                the jurisdiction of the local educational 
                agencies.
                  (B) Grants to local educational agencies.--
                The Administrator may make grants directly 
                available to local educational agencies for the 
                voluntary testing described in subparagraph (A) 
                in--
                          (i) any State that does not 
                        participate in the voluntary school and 
                        child care lead testing grant program 
                        established under that subparagraph; 
                        and
                          (ii) any direct implementation area.
          (3) Application.--To be eligible to receive a grant 
        under this subsection, a State or local educational 
        agency shall submit to the Administrator an application 
        at such time, in such manner, and containing such 
        information as the Administrator may require.
          (4) Use of funds.--
                  (A) In general.--A State or local educational 
                agency that receives a grant under this 
                subsection may use grant funds for the 
                voluntary testing described in paragraph 
                (2)(A).
                  (B) Limitation.--Not more than 4 percent of 
                grant funds accepted under this subsection 
                shall be used to pay the administrative costs 
                of carrying out this subsection.
          (5) Guidance; public availability.--As a condition of 
        receiving a grant under this subsection, the State or 
        local educational agency shall ensure that each local 
        educational agency to which grant funds are distributed 
        shall--
                  (A) expend grant funds in accordance with--
                          (i) the guidance of the Environmental 
                        Protection Agency entitled `3Ts for 
                        Reducing Lead in Drinking Water in 
                        Schools: Revised Technical Guidance' 
                        and dated October 2006 (or any 
                        successor guidance); or
                          (ii) applicable State regulations or 
                        guidance regarding reducing lead in 
                        drinking water in schools and child 
                        care programs that is not less 
                        stringent than the guidance referred to 
                        in clause (i); and
                  (B)(i) make available in the administrative 
                offices, and to the maximum extent practicable, 
                on the Internet website, of the local 
                educational agency for inspection by the public 
                (including teachers, other school personnel, 
                and parents) a copy of the results of any 
                voluntary testing for lead contamination in 
                school and child care program drinking water 
                that is carried out with grant funds under this 
                subsection; and
                  (ii) notify parent, teacher, and employee 
                organizations of the availability of the 
                results described in clause (i).
          (6) Maintenance of effort.--If resources are 
        available to a State or local educational agency from 
        any other Federal agency, a State, or a private 
        foundation for testing for lead contamination in 
        drinking water, the State or local educational agency 
        shall demonstrate that the funds provided under this 
        subsection will not displace those resources.
          (7) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this 
        subsection $20,000,000 for each of fiscal years 2017 
        through 2021.

[federal assistance for state programs regarding lead contamination in 
                         school drinking water

  [Sec. 1465. (a) School Drinking Water Programs.--The 
Administrator shall make grants to States to establish and 
carry out State programs under section 1464 to assist local 
educational agencies in testing for, and remedying, lead 
contamination in drinking water from drinking water coolers and 
from other sources of lead contamination at schools under the 
jurisdiction of such agencies. Such grants may be used by 
States to reimburse local educational agencies for expenses 
incurred after the enactment of this section for such testing 
and remedial action.
  [(b) Limits.--Each grant under this section shall be used by 
the State for testing water coolers in accordance with section 
1464, for testing for lead contamination in other drinking 
water supplies under section 1464, or for remedial action under 
State programs under section 1464. Not more than 5 percent of 
the grant may be used for program administration.
  [(c) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section not more than 
$30,000,000 for fiscal year 1989, $30,000,000 for fiscal year 
1990, and $30,000,000 for fiscal year 1991.]

           *       *       *       *       *       *       *


                  FEDERAL WATER POLLUTION CONTROL ACT


                 TITLE I--RESEARCH AND RELATED PROGRAMS


                    declaration of goals and policy

  Sec. 101. (a) The objective of this Act is to restore and 
maintain the chemical, physical, and biological integrity of 
the Nation's waters. In order to achieve this objective it is 
hereby declared that, consistent with the provisions of this 
Act--

           *       *       *       *       *       *       *


SEC. 118. GREAT LAKES.

  (a) Findings, Purpose, and Definitions.--
          (1) Findings.--The Congress finds that--
                  (A)* * *

           *       *       *       *       *       *       *

  (c) Great Lakes Management.--
          (1) Functions.--The Program Office shall--
                  (A)* * *

           *       *       *       *       *       *       *

          [(7) Great lakes restoration initiative.--
                  [(A) Establishment.--There is established in 
                the Agency a Great Lakes Restoration Initiative 
                (referred to in this paragraph as the 
                ``Initiative'') to carry out programs and 
                projects for Great Lakes protection and 
                restoration.
                  [(B) Focus areas.--The Initiative shall 
                prioritize programs and projects carried out in 
                coordination with non-Federal partners and 
                programs and projects that address priority 
                areas each fiscal year, including--
                          [(i) the remediation of toxic 
                        substances and areas of concern;
                          [(ii) the prevention and control of 
                        invasive species and the impacts of 
                        invasive species;
                          [(iii) the protection and restoration 
                        of nearshore health and the prevention 
                        and mitigation of nonpoint source 
                        pollution;
                          [(iv) habitat and wildlife protection 
                        and restoration, including wetlands 
                        restoration and preservation; and
                          [(v) accountability, monitoring, 
                        evaluation, communication, and 
                        partnership activities.
                  [(C) Projects.--Under the Initiative, the 
                Agency shall collaborate with Federal partners, 
                including the Great Lakes Interagency Task 
                Force, to select the best combination of 
                programs and projects for Great Lakes 
                protection and restoration using appropriate 
                principles and criteria, including whether a 
                program or project provides--
                          [(i) the ability to achieve strategic 
                        and measurable environmental outcomes 
                        that implement the Great Lakes Action 
                        Plan and the Great Lakes Water Quality 
                        Agreement;
                          [(ii) the feasibility of--
                                  [(I) prompt implementation;
                                  [(II) timely achievement of 
                                results; and
                                  [(III) resource leveraging; 
                                and
                          [(iii) the opportunity to improve 
                        interagency and inter-organizational 
                        coordination and collaboration to 
                        reduce duplication and streamline 
                        efforts.
                  [(D) Implementation of projects.--
                          [(i) In general.--Subject to 
                        subparagraph (G)(ii), funds made 
                        available to carry out the Initiative 
                        shall be used to strategically 
                        implement--
                                  [(I) Federal projects; and
                                  [(II) projects carried out in 
                                coordination with States, 
                                Indian tribes, municipalities, 
                                institutions of higher 
                                education, and other 
                                organizations.
                          [(ii) Transfer of funds.--With 
                        amounts made available for the 
                        Initiative each fiscal year, the 
                        Administrator may--
                                  [(I) transfer not more than 
                                the total amount appropriated 
                                under subparagraph (G)(i) for 
                                the fiscal year to the head of 
                                any Federal department or 
                                agency, with the concurrence of 
                                the department or agency head, 
                                to carry out activities to 
                                support the Initiative and the 
                                Great Lakes Water Quality 
                                Agreement; and
                                  [(II) enter into an 
                                interagency agreement with the 
                                head of any Federal department 
                                or agency to carry out 
                                activities described in 
                                subclause (I).
                  [(E) Scope.--
                          [(i) In general.--Projects shall be 
                        carried out under the Initiative on 
                        multiple levels, including--
                                  [(I) Great Lakes-wide; and
                                  [(II) Great Lakes basin-wide.
                          [(ii) Limitation.--No funds made 
                        available to carry out the Initiative 
                        may be used for any water 
                        infrastructure activity (other than a 
                        green infrastructure project that 
                        improves habitat and other ecosystem 
                        functions in the Great Lakes) for which 
                        amounts are made available from--
                                  [(I) a State water pollution 
                                control revolving fund 
                                established under title VI; or
                                  [(II) a State drinking water 
                                revolving loan fund established 
                                under section 1452 of the Safe 
                                Drinking Water Act (42 U.S.C. 
                                300j-12).
                  [(F) Activities by other federal agencies.--
                Each relevant Federal department or agency 
                shall, to the maximum extent practicable--
                          [(i) maintain the base level of 
                        funding for the Great Lakes activities 
                        of that department or agency without 
                        regard to funding under the Initiative; 
                        and
                          [(ii) identify new activities and 
                        projects to support the environmental 
                        goals of the Initiative.
                  [(G) Funding.--There are authorized to be 
                appropriated to carry out this paragraph for 
                fiscal year 2016, $300,000,000.]
          (7) Great lakes restoration initiative.--
                  (A) Establishment.--There is established in 
                the Agency a Great Lakes Restoration Initiative 
                (referred to in this paragraph as the 
                `Initiative') to carry out programs and 
                projects for Great Lakes protection and 
                restoration.
                  (B) Focus areas.--Each fiscal year under a 5-
                year Initiative Action Plan, the Initiative 
                shall prioritize programs and projects, carried 
                out in coordination with non-Federal partners, 
                that address priority areas, such as--
                          (i) the remediation of toxic 
                        substances and areas of concern;
                          (ii) the prevention and control of 
                        invasive species and the impacts of 
                        invasive species;
                          (iii) the protection and restoration 
                        of nearshore health and the prevention 
                        and mitigation of nonpoint source 
                        pollution;
                          (iv) habitat and wildlife protection 
                        and restoration, including wetlands 
                        restoration and preservation; and
                          (v) accountability, monitoring, 
                        evaluation, communication, and 
                        partnership activities.
                  (C) Projects.--Under the Initiative, the 
                Agency shall collaborate with Federal partners, 
                including the Great Lakes Interagency Task 
                Force, to select the best combination of 
                programs and projects for Great Lakes 
                protection and restoration using appropriate 
                principles and criteria, including whether a 
                program or project provides--
                          (i) the ability to achieve strategic 
                        and measurable environmental outcomes 
                        that implement the Great Lakes Action 
                        Plan and the Great Lakes Water Quality 
                        Agreement;
                          (ii) the feasibility of--
                                  (I) prompt implementation;
                                  (II) timely achievement of 
                                results; and
                                  (III) resource leveraging; 
                                and
                          (iii) the opportunity to improve 
                        interagency and inter-organizational 
                        coordination and collaboration to 
                        reduce duplication and streamline 
                        efforts.
                  (D) Implementation of projects.--
                          (i) In general.--Subject to 
                        subparagraph (G)(ii), funds made 
                        available to carry out the Initiative 
                        shall be used to strategically 
                        implement--
                                  (I) Federal projects; and
                                  (II) projects carried out in 
                                coordination with States, 
                                Indian tribes, municipalities, 
                                institutions of higher 
                                education, and other 
                                organizations.
                          (ii) Transfer of funds.--With amounts 
                        made available for the Initiative each 
                        fiscal year, the Administrator may--
                                  (I) transfer not more than 
                                300,000,000 to the head of any 
                                Federal department or agency, 
                                with the concurrence of the 
                                department or agency head, to 
                                carry out activities to support 
                                the Initiative and the Great 
                                Lakes Water Quality Agreement;
                                  (II) enter into an 
                                interagency agreement with the 
                                head of any Federal department 
                                or agency to carry out 
                                activities described in 
                                subclause (I); and
                                  (III) make grants to 
                                governmental entities, 
                                nonprofit organizations, 
                                institutions, and individuals 
                                for planning, research, 
                                monitoring, outreach, and 
                                implementation of projects in 
                                furtherance of the Initiative 
                                and the Great Lakes Water 
                                Quality Agreement.
                  (E) Scope.--
                          (i) In general.--Projects shall be 
                        carried out under the Initiative on 
                        multiple levels, including--
                                  (I) Great Lakes-wide; and
                                  (II) Great Lakes basin-wide.
                          (ii) Limitation.--No funds made 
                        available to carry out the Initiative 
                        may be used for any water 
                        infrastructure activity (other than a 
                        green infrastructure project that 
                        improves habitat and other ecosystem 
                        functions in the Great Lakes) for which 
                        amounts are made available from--
                                  (I) a State water pollution 
                                control revolving fund 
                                established under title VI; or
                                  (II) a State drinking water 
                                revolving loan fund established 
                                under section 1452 of the Safe 
                                Drinking Water Act (42 U.S.C. 
                                300j-12).
                  (F) Activities by other federal agencies.--
                Each relevant Federal department or agency 
                shall, to the maximum extent practicable--
                          (i) maintain the base level of 
                        funding for the Great Lakes activities 
                        of that department or agency without 
                        regard to funding under the Initiative; 
                        and
                          (ii) identify new activities and 
                        projects to support the environmental 
                        goals of the Initiative and the Great 
                        Lakes Water Quality Agreement.
                  (G) Funding.--
                          (i) In general.--There is authorized 
                        to be appropriated to carry out this 
                        paragraph $300,000,000 for each of 
                        fiscal years 2017 through 2021.
                          (ii) Limitation.--Nothing in this 
                        paragraph creates, expands, or amends 
                        the authority of the Administrator to 
                        implement programs or projects under--
                                  (I) this section;
                                  (II) the Initiative Action 
                                Plan; or
                                  (III) the Great Lakes Water 
                                Quality Agreement.

           *       *       *       *       *       *       *

  Sec. 119. Long Island Sound.--
  (a) The Administrator shall continue the Management 
Conference of the Long Island Sound Study (hereinafter referred 
to as the ``Conference'') as established pursuant to section 
320 of this Act, and shall establish an office (hereinafter 
referred to as the ``Office'') to be located on or near Long 
Island Sound.
  [(b) Administration and Staffing of Office.--The Office 
shall]
  (b) Office.--
          (1) Establishment.--The Administrator shall--
                  (A) continue to carry out the conference 
                study; and
                  (B) establish an office, to be located on or 
                near Long Island Sound.
          (2) Administration and staffing.--The Office shall; 
        be headed by a Director, who shall be detailed by the 
        Administrator, following consultation with the 
        Administrators of EPA regions I and II, from among the 
        employees of the Agency who are in civil service. The 
        Administrator shall delegate to the Director such 
        authority and detail such additional staff as may be 
        necessary to carry out the duties of the Director under 
        this section.
  (c) Duties of the Office.--The Office shall assist the 
[Management Conference of the Long Island Sound Study] 
conference study in carrying out its goals. Specifically, the 
Office shall--
          (1) assist and support the implementation of the 
        Comprehensive Conservation and Management Plan for Long 
        Island Sound developed pursuant to section 320 of this 
        Act, including efforts to establish, within the process 
        for granting watershed general permits, a system for 
        promoting innovative methodologies and technologies 
        that are cost-effective and consistent with the goals 
        of the Plan;
          (2) conduct or commission studies deemed necessary 
        for strengthened implementation of the Comprehensive 
        Conservation and Management Plan including, but not 
        limited to--
                  (A) population growth and the adequacy of 
                wastewater treatment facilities[,] ;
                  (B) the use of biological methods for 
                nutrient removal in sewage treatment plants[,] 
                ;
                  (C) contaminated sediments, and dredging 
                activities[,] ;
                  (D) nonpoint source pollution abatement and 
                land use activities in the Long Island Sound 
                watershed[,] ;
                  (E) wetland protection and restoration[,] ;
                  (F) atmospheric deposition of acidic and 
                other pollutants into Long Island Sound[,] ;
                  (G) water quality requirements to sustain 
                fish, shellfish, and wildlife populations, and 
                the use of indicator species to assess 
                environmental quality[,] ;
                  (H) State water quality programs, for their 
                adequacy pursuant to implementation of the 
                Comprehensive Conservation and Management 
                Plan[, and] ;
                  (I) options for long-term financing of 
                wastewater treatment projects and water 
                pollution control programs[.] ;
                  (J) environmental impacts on the Long Island 
                Sound watershed, including--
                          (i) the identification and assessment 
                        of vulnerabilities in the watershed;
                          (ii) the development and 
                        implementation of adaptation strategies 
                        to reduce those vulnerabilities; and
                          (iii) the identification and 
                        assessment of the impacts of sea level 
                        rise on water quality, habitat, and 
                        infrastructure; and
                  (K) planning initiatives for Long Island 
                Sound that identify the areas that are most 
                suitable for various types or classes of 
                activities in order to reduce conflicts among 
                uses, reduce adverse environmental impacts, 
                facilitate compatible uses, or preserve 
                critical ecosystem services to meet economic, 
                environmental, security, or social objectives;
          (3) coordinate the grant, research and planning 
        programs authorized under this section;
          [(4) coordinate activities and implementation 
        responsibilities with other Federal agencies which have 
        jurisdiction over Long Island Sound and with national 
        and regional marine monitoring and research programs 
        established pursuant to the Marine Protection, 
        Research, and Sanctuaries Act;]
          (4) develop and implement strategies to increase 
        public education and awareness with respect to the 
        ecological health and water quality conditions of Long 
        Island Sound;
          (5) provide administrative and technical support to 
        the conference study;
          (6) collect and make available to the public 
        (including on the Internet) publications, and other 
        forms of information the conference study determines to 
        be appropriate, relating to the environmental quality 
        of Long Island Sound;
          [(7) not more than two years after the date of the 
        issuance of the final Comprehensive Conservation and 
        Management Plan for Long Island Sound under section 320 
        of this Act, and biennially thereafter, issue a report 
        to the Congress which--
                  [(A) summarizes the progress made by the 
                States in implementing the Comprehensive 
                Conservation and Management Plan;
                  [(B) summarizes any modifications to the 
                Comprehensive Conservation and Management Plan 
                in the twelve-month period immediately 
                preceding such report; and
                  [(C) incorporates specific recommendations 
                concerning the implementation of the 
                Comprehensive Conservation and Management Plan; 
                and]
          (7) monitor the progress made toward meeting the 
        identified goals, actions, and schedules of the 
        Comprehensive Conservation and Management Plan, 
        including through the implementation and support of a 
        monitoring system for the ecological health and water 
        quality conditions of Long Island Sound; and
          (8) convene conferences and meetings for legislators 
        from State governments and political subdivisions 
        thereof for the purpose of making recommendations for 
        coordinating legislative efforts to facilitate the 
        environmental restoration of Long Island Sound and the 
        implementation of the Comprehensive Conservation and 
        Management Plan.
  (d) Grants.--(1) The Administrator is authorized to make 
grants for projects and studies which will help implement the 
Long Island Sound Comprehensive Conservation and Management 
Plan. Special emphasis shall be given to implementation, 
research and planning, enforcement, and citizen involvement and 
education.
  (2) State, interstate, and regional water pollution control 
agencies, and other public or nonprofit private agencies, 
institutions, and organizations held to be eligible for grants 
pursuant to this subsection.
  (3) Citizen involvement and citizen education grants under 
this subsection shall not exceed 95 per centum of the costs of 
such work. All other grants under this subsection shall not 
exceed [50 per centum] 60 percent of the research, studies, or 
work. All grants shall be made on the condition that the non-
Federal share of such costs are provided from non-Federal 
sources.
  (e) Assistance to Distressed Communities.--
          (1) Eligible communities.--For the purposes of this 
        subsection, a distressed community is any community 
        that meets affordability criteria established by the 
        State in which the community is located, if such 
        criteria are developed after public review and comment.
          (2) Priority.--In making assistance available under 
        this section for the upgrading of wastewater treatment 
        facilities, the Administrator may give priority to a 
        distressed community.
  (f) Report.--
          (1) In general.--Not later than 2 years after the 
        date of enactment of the Water Resources Development 
        Act of 2016, and biennially thereafter, the Director of 
        the Office, in consultation with the Governor of each 
        Long Island Sound State, shall submit to Congress a 
        report that--
                  (A) summarizes and assesses the progress made 
                by the Office and the Long Island Sound States 
                in implementing the Long Island Sound 
                Comprehensive Conservation and Management Plan, 
                including an assessment of the progress made 
                toward meeting the performance goals and 
                milestones contained in the Plan;
                  (B) assesses the key ecological attributes 
                that reflect the health of the ecosystem of the 
                Long Island Sound watershed;
                  (C) describes any substantive modifications 
                to the Long Island Sound Comprehensive 
                Conservation and Management Plan made during 
                the 2-year period preceding the date of 
                submission of the report;
                  (D) provides specific recommendations to 
                improve progress in restoring and protecting 
                the Long Island Sound watershed, including, as 
                appropriate, proposed modifications to the Long 
                Island Sound Comprehensive Conservation and 
                Management Plan;
                  (E) identifies priority actions for 
                implementation of the Long Island Sound 
                Comprehensive Conservation and Management Plan 
                for the 2-year period following the date of 
                submission of the report; and
                  (F) describes the means by which Federal 
                funding and actions will be coordinated with 
                the actions of the Long Island Sound States and 
                other entities.
          (2) Public availability.--The Administrator shall 
        make the report described in paragraph (1) available to 
        the public, including on the Internet.
  (g) Annual Budget Plan.--The President shall submit, together 
with the annual budget of the United States Government 
submitted under section 1105(a) of title 31, United States 
Code, information regarding each Federal department and agency 
involved in the protection and restoration of the Long Island 
Sound watershed, including--
          (1) an interagency crosscut budget that displays for 
        each department and agency--
                  (A) the amount obligated during the preceding 
                fiscal year for protection and restoration 
                projects and studies relating to the watershed;
                  (B) the estimated budget for the current 
                fiscal year for protection and restoration 
                projects and studies relating to the watershed; 
                and
                  (C) the proposed budget for succeeding fiscal 
                years for protection and restoration projects 
                and studies relating to the watershed; and
          (2) a summary of any proposed modifications to the 
        Long Island Sound Comprehensive Conservation and 
        Management Plan for the following fiscal year.
  (h) Federal Entities.--
          (1) Coordination.--The Administrator shall coordinate 
        the actions of all Federal departments and agencies 
        that impact water quality in the Long Island Sound 
        watershed in order to improve the water quality and 
        living resources of the watershed.
          (2) Methods.--In carrying out this section, the 
        Administrator, acting through the Director of the 
        Office, may--
                  (A) enter into interagency agreements; and
                  (B) make intergovernmental personnel 
                appointments.
          (3) Federal participation in watershed planning.--A 
        Federal department or agency that owns or occupies real 
        property, or carries out activities, within the Long 
        Island Sound watershed shall participate in regional 
        and subwatershed planning, protection, and restoration 
        activities with respect to the watershed.
          (4) Consistency with comprehensive conservation and 
        management plan.--To the maximum extent practicable, 
        the head of each Federal department and agency that 
        owns or occupies real property, or carries out 
        activities, within the Long Island Sound watershed 
        shall ensure that the property and all activities 
        carried out by the department or agency are consistent 
        with the Long Island Sound Comprehensive Conservation 
        and Management Plan (including any related subsequent 
        agreements and plans).
  [(f)] (i) Authorizations.--(1) There is authorized to be 
appropriated to the Administrator for the implementation of 
this section, other than subsection (d), such sums as may be 
necessary for each of the fiscal years 2001 through 2010.
  (2) There is authorized to be appropriated to the 
Administrator for the implementation of subsection (d) not to 
exceed $40,000,000 for each of fiscal years 2001 through 2010.

           *       *       *       *       *       *       *


SEC. 221. SEWER OVERFLOW CONTROL GRANTS.

  [(a) In General.--In any fiscal year in which the 
Administrator has available for obligation at least 
$1,350,000,000 for the purposes of section 601--
          [(1) the Administrator may make grants to States for 
        the purpose of providing grants to a municipality or 
        municipal entity for planning, design, and construction 
        of treatment works to intercept, transport, control, or 
        treat municipal combined sewer overflows and sanitary 
        sewer overflows; and
          [(2) subject to subsection (g), the Administrator 
        may]
  (a) Authority.--The Administrator may--
          (1) make grants to States for the purpose of 
        providing grants to a municipality or municipal entity 
        for planning, designing, and constructing--
                  (A) treatment works to intercept, transport, 
                control, or treat municipal combined sewer 
                overflows and sanitary sewer overflows; and
                  (B) measures to manage, reduce, treat, or 
                recapture stormwater or subsurface drainage 
                water; and
          (2) subject to subsection (g), make a direct grant to 
        a municipality or municipal entity for the purposes 
        described in paragraph (1).
  (b) Prioritization.--In selecting from among municipalities 
applying for grants under subsection (a), a State or the 
Administrator shall give priority to an applicant that--
          (1) is a municipality that is a financially 
        distressed community under subsection (c)[;] ; or
          [(2) has implemented or is complying with an 
        implementation schedule for the nine minimum controls 
        specified in the CSO control policy referred to in 
        section 402(q)(1) and has begun implementing a long-
        term municipal combined sewer overflow control plan or 
        a separate sanitary sewer overflow control plan;
          [(3) is requesting a grant for a project that is on a 
        State's intended use plan pursuant to section 606(c); 
        or]
          [(4)] (2) is an Alaska Native Village.

           *       *       *       *       *       *       *

  (d) Cost-Sharing.--The Federal share of the cost of 
activities carried out using amounts from a grant made under 
subsection (a) shall be not less than 55 percent of the cost. 
The non-Federal share of the cost may include, in any amount, 
public and private funds and in-kind services, and may include, 
notwithstanding section [603(h)] section 603(i), financial 
assistance, including loans, from a State water pollution 
control revolving fund.
  [(e) Administrative Reporting Requirements.--If a project 
receives grant assistance under subsection (a) and loan 
assistance from a State water pollution control revolving fund 
and the loan assistance is for 15 percent or more of the cost 
of the project, the project may be administered in accordance 
with State water pollution control revolving fund 
administrative reporting requirements for the purposes of 
streamlining such requirements.
  [(f) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section 750,000,000 for each 
of fiscal years 2002 and 2003. Such sums shall remain available 
until expended.
  [(g) Allocation of Funds.--
          [(1) Fiscal year 2002.--Subject to subsection (h), 
        the Administrator shall use the amounts appropriated to 
        carry out this section for fiscal year 2002 for making 
        grants to municipalities and municipal entities under 
        subsection (a)(2), in accordance with the criteria set 
        forth in subsection (b).
          [(2) Fiscal year 2003.-- Subject to subsection (h), 
        the Administrator shall use the amounts appropriated to 
        carry out this section for fiscal year 2003 as follows:
                  [(A) Not to exceed 250,000,000 for making 
                grants to municipalities and municipal entities 
                under subsection (a)(2), in accordance with the 
                criteria set forth in subsection (b).
                  [(B) All remaining amounts for making grants 
                to States under subsection (a)(1), in 
                accordance with a formula to be established by 
                the Administrator, after providing notice and 
                an opportunity for public comment, that 
                allocates to each State a proportional share of 
                such amounts based on the total needs of the 
                State for municipal combined sewer overflow 
                controls and sanitary sewer overflow controls 
                identified in the most recent survey conducted 
                pursuant to section 516(b)(1).]
  (e) Administrative Requirements.--
          (1) In general.--Subject to paragraph (2), a project 
        that receives grant assistance under subsection (a) 
        shall be carried out subject to the same requirements 
        as a project that receives assistance from a State 
        water pollution control revolving fund established 
        pursuant to title VI.
          (2) Determination of governor.--The requirement 
        described in paragraph (1) shall not apply to a project 
        that receives grant assistance under subsection (a) to 
        the extent that the Governor of the State in which the 
        project is located determines that a requirement 
        described in title VI is inconsistent with the purposes 
        of this section.
  (f) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section, to remain available 
until expended--
          (1) $250,000,000 for fiscal year 2017;
          (2) $300,000,000 for fiscal year 2018;
          (3) $350,000,000 for fiscal year 2019;
          (4) $400,000,000 for fiscal year 2020; and
          (5) $500,000,000 for fiscal year 2021.
  (g) Allocation of Funds.--
          (1) Fiscal year 2017 and 2018.--For each of fiscal 
        years 2017 and 2018, subject to subsection (h), the 
        Administrator shall use the amounts made available to 
        carry out this section to provide grants to 
        municipalities and municipal entities under subsection 
        (a)(2)--
                  (A) in accordance with the priority criteria 
                described in subsection (b); and
                  (B) with additional priority given to 
                proposed projects that involve the use of--
                          (i) nonstructural, low-impact 
                        development;
                          (ii) water conservation, efficiency, 
                        or reuse; or
                          (iii) other decentralized stormwater 
                        or wastewater approaches to minimize 
                        flows into the sewer systems.
          (2) Fiscal year 2019 and thereafter.--For fiscal year 
        2019 and each fiscal year thereafter, subject to 
        subsection (h), the Administrator shall use the amounts 
        made available to carry out this section to provide 
        grants to States under subsection (a)(1) in accordance 
        with a formula that--
                  (A) shall be established by the 
                Administrator, after providing notice and an 
                opportunity for public comment; and
                  (B) allocates to each State a proportional 
                share of the amounts based on the total needs 
                of the State for municipal combined sewer 
                overflow controls and sanitary sewer overflow 
                controls, as identified in the most recent 
                survey--
                          (i) conducted under section 210; and
                          (ii) included in a report required 
                        under section 516(b)(1)(B).

           *       *       *       *       *       *       *

  [(i) Reports.--Not later than December 31, 2003, and 
periodically thereafter, the Administrator shall transmit to 
Congress a report containing recommended funding levels for 
grants under this section. The recommended funding levels shall 
be sufficient to ensure the continued expeditious 
implementation of municipal combined sewer overflow and 
sanitary sewer overflow controls nationwide.]

           *       *       *       *       *       *       *


SEC. 222. TECHNICAL ASSISTANCE FOR SMALL AND MEDIUM TREATMENT WORKS.

  (a) Definitions.--In this section:
          (1) Medium treatment works.--The term `medium 
        treatment works' means a publicly owned treatment works 
        serving not fewer than 10,001 and not more than 100,000 
        individuals.
          (2) Qualified nonprofit medium treatment works 
        technical assistance provider.--The term `qualified 
        nonprofit medium treatment works technical assistance 
        provider' means a qualified nonprofit technical 
        assistance provider of water and wastewater services to 
        medium-sized communities that provides technical 
        assistance (including circuit rider technical 
        assistance programs, multi-State, regional assistance 
        programs, and training and preliminary engineering 
        evaluations) to owners and operators of medium 
        treatment works, which may include State agencies.
          (3) Qualified nonprofit small treatment works 
        technical assistance provider.--The term `qualified 
        nonprofit small treatment works technical assistance 
        provider' means a nonprofit organization that, as 
        determined by the Administrator--
                  (A) is the most qualified and experienced in 
                providing training and technical assistance to 
                small treatment works; and
                  (B) the small treatment works in the State 
                finds to be the most beneficial and effective.
          (4) Small treatment works.--The term `small treatment 
        works' means a publicly owned treatment works serving 
        not more than 10,000 individuals.
  (b) Technical Assistance.--The Administrator may use amounts 
made available to carry out this section to provide grants or 
cooperative agreements to qualified nonprofit small treatment 
works technical assistance providers and grants or cooperative 
agreements to qualified nonprofit medium treatment works 
technical assistance providers to provide to owners and 
operators of small and medium treatment works onsite technical 
assistance, circuit-rider technical assistance programs, multi-
State, regional technical assistance programs, and onsite and 
regional training, to assist the treatment works in achieving 
compliance with this Act or obtaining financing under this Act 
for eligible projects.
  (c) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section--
          (1) for grants for small treatment works technical 
        assistance, $15,000,000 for each of fiscal years 2017 
        through 2021; and
          (2) for grants for medium treatment works technical 
        assistance, 10,000,000 for each of fiscal years 2017 
        through 2021.

           *       *       *       *       *       *       *

  Sec. 309. (a)(1) Whenever, on the basis of any information 
available to him, the Administrator finds that any person is in 
violation of any condition or limitation which implements 
section 301, 302, 306, 307, 308, 318, or 405 of this Act in a 
permit issued by a State under an approved permit program under 
section 402 or 404 of this Act, he shall proceed under his 
authority in paragraph (3) of this subsection or he shall 
notify the person in alleged violation and such State of such 
finding. If beyond the thirtieth day after the Administrator's 
notification the State has not commenced appropriate 
enforcement action, the Administrator shall issue an order 
requiring such person to comply with such condition or 
limitation or shall bring a civil action in accordance with 
subsection (b) of this section.

           *       *       *       *       *       *       *

  (g) Administrative Penalties.--
          (1) Violations.--Whenever on the basis of any 
        information available--
                  (A) the Administrator finds that any person 
                has violated section 301, 302, 306, 307, 308, 
                318, or 405 of this Act, or has violated any 
                permit condition or limitation implementing any 
                of such sections in a permit issued under 
                section 402 of this Act by the Administrator or 
                by a State, or in a permit issued under section 
                404 by a State, or
                  (B) the Secretary of the Army (hereinafter in 
                this subsection referred to as the 
                ``Secretary'') finds that any person has 
                violated any permit condition or limitation in 
                a permit issued under section 404 of this Act 
                by the Secretary,
        the Administrator or Secretary, as the case may be, 
        may, after consultation with the State in which the 
        violation occurs, assess a class I civil penalty or a 
        class II civil penalty under this subsection.
          (2) Classes of penalties.--* * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

  Sec. 402. (a)(1) Except as provided in sections 318 and 404 
of this Act, the Administrator may, after opportunity for 
public hearing, issue a permit for the discharge of any 
pollutant, or combination of pollutants, notwithstanding 
section 301(a), upon condition that such discharge will meet 
either (A) all applicable requirements under sections 301, 302, 
306, 307, 308, and 403 of this Act, or (B) prior to the taking 
of necessary implementing actions relating to all such 
requirements, such conditions as the Administrator determines 
are necessary to carry out the provisions of this Act.

           *       *       *       *       *       *       *

  (s) Integrated Plan Permits.--
          (1) Definitions.--In this subsection:
                  (A) Green infrastructure.--The term `green 
                infrastructure' means the range of measures 
                that use plant or soil systems, permeable 
                pavement or other permeable surfaces or 
                substrates, stormwater harvest and reuse, or 
                landscaping to store, infiltrate, or 
                evapotranspirate stormwater and reduce flows to 
                sewer systems or to surface waters.
                  (B) Integrated plan.--The term `integrated 
                plan' has the meaning given in Part III of the 
                Integrated Municipal Stormwater and Wastewater 
                Planning Approach Framework, issued by the 
                Environmental Protection Agency and dated May 
                2012.
                  (C) Municipal discharge.--
                          (i) In general.--The term `municipal 
                        discharge' means a discharge from a 
                        treatment works (as defined in section 
                        212) or a discharge from a municipal 
                        storm sewer under subsection(p).
                          (ii) Inclusion.--The term `municipal 
                        discharge' includes a discharge of 
                        wastewater or storm water collected 
                        from multiple municipalities if the 
                        discharge is covered by the same permit 
                        issued under this section.
          (2) Integrated plan.--
                  (A) In general.--The Administrator (or a 
                State, in the case of a permit program approved 
                under subsection (b)) shall inform a municipal 
                permittee or multiple municipal permittees of 
                the opportunity to develop an integrated plan.
                  (B) Scope of permit incorporating integrated 
                plan.--A permit issued under this subsection 
                that incorporates an integrated plan may 
                integrate all requirements under this Act 
                addressed in the integrated plan, including 
                requirements relating to--
                          (i) a combined sewer overflow;
                          (ii) a capacity, management, 
                        operation, and maintenance program for 
                        sanitary sewer collection systems;
                          (iii) a municipal stormwater 
                        discharge;
                          (iv) a municipal wastewater 
                        discharge; and
                          (v) a water quality-based effluent 
                        limitation to implement an applicable 
                        wasteload allocation in a total maximum 
                        daily load.
          (3) Compliance schedules.--
                  (A) In general.--A permit for a municipal 
                discharge by a municipality that incorporates 
                an integrated plan may include a schedule of 
                compliance, under which actions taken to meet 
                any applicable water quality-based effluent 
                limitation may be implemented over more than 1 
                permit term if the compliance schedules are 
                authorized by State water quality standards.
                  (B) Inclusion.--Actions subject to a 
                compliance schedule under subparagraph (A) may 
                include green infrastructure if implemented as 
                part of a water quality-based effluent 
                limitation.
                  (C) Review.--A schedule of compliance may be 
                reviewed each time the permit is renewed.
          (4) Existing authorities retained.--
                  (A) Applicable standards.--Nothing in this 
                subsection modifies any obligation to comply 
                with applicable technology and water quality-
                based effluent limitations under this Act.
                  (B) Flexibility.--Nothing in this subsection 
                reduces or eliminates any flexibility available 
                under this Act, including the authority of a 
                State to revise a water quality standard after 
                a use attainability analysis under section 
                131.10(g) of title 40, Code of Federal 
                Regulations (as in effect on the date of 
                enactment of this subsection), subject to the 
                approval of the Administrator under section 
                303(c).
          (5) Clarification of state authority.--
                  (A) In general.--Nothing in section 
                301(b)(1)(C) precludes a State from authorizing 
                in the water quality standards of the State the 
                issuance of a schedule of compliance to meet 
                water quality-based effluent limitations in 
                permits that incorporate provisions of an 
                integrated plan.
                  (B) Transition rule.--In any case in which a 
                discharge is subject to a judicial order or 
                consent decree as of the date of enactment of 
                the Water Resources Development Act of 2016 
                resolving an enforcement action under this Act, 
                any schedule of compliance issued pursuant to 
                an authorization in a State water quality 
                standard shall not revise or otherwise affect a 
                schedule of compliance in that order or decree 
                unless the order or decree is modified by 
                agreement of the parties and the court.

           *       *       *       *       *       *       *


SEC. 518. INDIAN TRIBES.

  (a) Policy.--Nothing in this section shall be construed to 
affect the application of section 101(g) of this Act, and all 
of the provisions of this section shall be carried out in 
accordance with the provisions of such section 101(g). Indian 
tribes shall be treated as States for purposes of such section 
101(g).
  (b) Assessment of Sewage Treatment Needs; Report.--* * *

           *       *       *       *       *       *       *


SEC. 519. ENVIRONMENTAL PROTECTION AGENCY GREEN INFRASTRUCTURE 
                    PROMOTION.

  (a) In General.--The Administrator shall ensure that the 
Office of Water, the Office of Enforcement and Compliance 
Assurance, the Office of Research and Development, and the 
Office of Policy of the Environmental Protection Agency promote 
the use of green infrastructure in and coordinate the 
integration of green infrastructure into, permitting programs, 
planning efforts, research, technical assistance, and funding 
guidance.
  (b) Duties.--The Administrator shall ensure that the Office 
of Water--
          (1) promotes the use of green infrastructure in the 
        programs of the Environmental Protection Agency; and
          (2) coordinates efforts to increase the use of green 
        infrastructure with--
                  (A) other Federal departments and agencies;
                  (B) State, tribal, and local governments; and
                  (C) the private sector.
  (c) Regional Green Infrastructure Promotion.--The 
Administrator shall direct each regional office of the 
Environmental Protection Agency, as appropriate based on local 
factors, and consistent with the requirements of this Act, to 
promote and integrate the use of green infrastructure within 
the region that includes--
          (1) outreach and training regarding green 
        infrastructure implementation for State, tribal, and 
        local governments, tribal communities, and the private 
        sector; and
          (2) the incorporation of green infrastructure into 
        permitting and other regulatory programs, codes, and 
        ordinance development, including the requirements under 
        consent decrees and settlement agreements in 
        enforcement actions.
  (d) Green Infrastructure Information-sharing.--The 
Administrator shall promote green infrastructure information-
sharing, including through an Internet website, to share 
information with, and provide technical assistance to, State, 
tribal, and local governments, tribal communities, the private 
sector, and the public regarding green infrastructure 
approaches for--
          (1) reducing water pollution;
          (2) protecting water resources;
          (3) complying with regulatory requirements; and
          (4) achieving other environmental, public health, and 
        community goals.
  Sec. [519] 520. This Act may be cited as the ``Federal Water 
Pollution Control Act'' (commonly referred to as the Clean 
Water Act).

           *       *       *       *       *       *       *


SEC. 603. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

  (a) Requirements for Obligation of Grant Funds.--Before a 
State may receive a capitalization grant with funds made 
available under this title and section 205(m) of this Act, the 
State shall first establish a water pollution control revolving 
fund which complies with the requirements of this section.

           *       *       *       *       *       *       *

  (d) Types of Assistance.--Except as otherwise limited by 
State law and as provided in subsection (e), a water pollution 
control revolving fund of a State under this section may be 
used only--

           *       *       *       *       *       *       *

  (e) Additional Use of Funds.--A State may use an additional 2 
percent of the funds annually allotted to the State under this 
section for qualified nonprofit small treatment works technical 
assistance providers and qualified nonprofit medium treatment 
works technical assistance providers (as those terms are 
defined in section 222) to provide technical assistance to 
small treatment works and medium treatment works in the State.

           *       *       *       *       *       *       *

  [(e)] (f) Limitation To Prevent Double Benefits.--If a State 
makes, from its water pollution revolving fund, a loan which 
will finance the cost of facility planning and the preparation 
of plans, specifications, and estimates for construction of 
publicly owned treatment works, the State shall ensure that if 
the recipient of such loan receives a grant under section 
201(g) of this Act for construction of such treatment works and 
an allowance under section 201(l)(1) of this Act for non-
federal funds expended for such planning and preparation, such 
recipient will promptly repay such loan to the extent of such 
allowance.
  [(f)] (g) Consistency With Planning Requirements.--A State 
may provide financial assistance from its water pollution 
control revolving fund only with respect to a project which is 
consistent with plans, if any, developed under sections 205(j), 
208, 303(e), 319, and 320 of this Act.
  [(g)] (h) Priority List Requirement.--The State may provide 
financial assistance from its water pollution control revolving 
fund only with respect to a project for construction of a 
treatment works described in subsection (c)(1) if such project 
is on the State's priority list under section 216 of this Act. 
Such assistance may be provided regardless of the rank of such 
project on such list.
  [(h)] (i) Eligibility of Non-Federal Share of Construction 
Grant Projects.--A State water pollution control revolving fund 
may provide assistance (other than under subsection (d)(1) of 
this section) to a municipality or intermunicipal or interstate 
agency with respect to the non-Federal share of the costs of a 
treatment works project for which such municipality or agency 
is receiving assistance from the Administrator under any other 
authority only if such assistance is necessary to allow such 
project to proceed.
  [(i)] (j) Additional Subsidization.--
          (1) In general.--In any case in which a State 
        provides assistance to a municipality or 
        intermunicipal, interstate, or State agency under 
        subsection (d), the State may provide additional 
        subsidization, including forgiveness of principal and 
        negative interest loans--
                  (A) to benefit a municipality that--
                          (i) meets the affordability criteria 
                        of the State established under 
                        paragraph (2); or
                          (ii) does not meet the affordability 
                        criteria of the State if the 
                        recipient--
                                  (I) seeks additional 
                                subsidization to benefit 
                                individual ratepayers in the 
                                residential user rate class;
                                  (II) demonstrates to the 
                                State that such ratepayers will 
                                experience a significant 
                                hardship from the increase in 
                                rates necessary to finance the 
                                project or activity for which 
                                assistance is sought; and
                                  (III) ensures, as part of an 
                                assistance agreement between 
                                the State and the recipient, 
                                that the additional 
                                subsidization provided under 
                                this paragraph is directed 
                                through a user charge rate 
                                system (or other appropriate 
                                method) to such ratepayers; or
                  (B) to implement a process, material, 
                technique, or technology--
                          (i) to address water-efficiency 
                        goals;
                          (ii) to address energy-efficiency 
                        goals;
                          (iii) to mitigate stormwater runoff; 
                        [or]
                          (iv) to encourage sustainable project 
                        planning, design, and construction[.] 
                        ;or
                          (v) to encourage the use of 
                        innovative water technologies related 
                        to any of the issues identified in 
                        clauses (i) through (iv) or, as 
                        determined by the State, any other 
                        eligible project and activity eligible 
                        for assistance under subsection (c).
          (2) Affordability criteria.--
                  (A) Establishment.--
                          (i) In general.--Not later than 
                        September 30, 2015, and after providing 
                        notice and an opportunity for public 
                        comment, a State shall establish 
                        affordability criteria to assist in 
                        identifying municipalities that would 
                        experience a significant hardship 
                        raising the revenue necessary to 
                        finance a project or activity eligible 
                        for assistance under subsection (c)(1) 
                        if additional subsidization is not 
                        provided.
                          (ii) Contents.--The criteria under 
                        clause (i) shall be based on income and 
                        unemployment data, population trends, 
                        and other data determined relevant by 
                        the State, including whether the 
                        project or activity is to be carried 
                        out in an economically distressed area, 
                        as described in section 301 of the 
                        Public Works and Economic Development 
                        Act of 1965 (42 U.S.C. 3161).
                  (B) Existing criteria.--If a State has 
                previously established, after providing notice 
                and an opportunity for public comment, 
                affordability criteria that meet the 
                requirements of subparagraph (A)--
                          (i) the State may use the criteria 
                        for the purposes of this subsection; 
                        and
                          (ii) those criteria shall be treated 
                        as affordability criteria established 
                        under this paragraph.
                  (C) Information to assist states.--The 
                Administrator may publish information to assist 
                States in establishing affordability criteria 
                under subparagraph (A).
          (3) Limitations.--
                  (A) In general.--A State may provide 
                additional subsidization in a fiscal year under 
                this subsection only if the total amount 
                appropriated for making capitalization grants 
                to all States under this title for the fiscal 
                year exceeds $1,000,000,000.
                  (B) Additional limitation.--
                          (i) General rule.--Subject to clause 
                        (ii), a State may use not more than 30 
                        percent of the total amount received by 
                        the State in capitalization grants 
                        under this title for a fiscal year for 
                        providing additional subsidization 
                        under this subsection.
                          (ii) Exception.--If, in a fiscal 
                        year, the amount appropriated for 
                        making capitalization grants to all 
                        States under this title exceeds 
                        $1,000,000,000 by a percentage that is 
                        less than 30 percent, clause (i) shall 
                        be applied by substituting that 
                        percentage for 30 percent.
                  (C) Applicability.--The authority of a State 
                to provide additional subsidization under this 
                subsection shall apply to amounts received by 
                the State in capitalization grants under this 
                title for fiscal years beginning after 
                September 30, 2014.
                  (D) Consideration.--If the State provides 
                additional subsidization to a municipality or 
                intermunicipal, interstate, or State agency 
                under this subsection that meets the criteria 
                under paragraph (1)(A), the State shall take 
                the criteria set forth in section 602(b)(5) 
                into consideration.
  (k) Technical Assistance.--The Administrator may provide 
technical assistance to facilitate and encourage the provision 
of financial assistance for innovative water technologies.
  (l) Report.--Not later than 1 year after the date of 
enactment of the Water Resources Development Act of 2016, and 
not less frequently than every 5 years thereafter, the 
Administrator shall submit to Congress a report that 
describes--
          (1) the amount of financial assistance provided by 
        State water pollution control revolving funds to deploy 
        innovative water technologies;
          (2) the barriers impacting greater use of innovative 
        water technologies; and
          (3) the cost-saving potential to cities and future 
        infrastructure investments from emerging technologies.

           *       *       *       *       *       *       *


                  CHAPTER 109-WATER RESOURCES RESEARCH


                           (42 U.S.C. 10301)

SEC. 10301. CONGRESSIONAL FINDINGS AND DECLARATIONS

    The Congress finds and declares that-
          (1) the existence of an adequate supply of water of 
        good quality for the production of materials and energy 
        for the Nation's needs and for the efficient use of the 
        Nation's energy and water resources is essential to 
        national economic stability and growth, and to the 
        well-being of the people;
          (2) the management of water resources is closely 
        related to maintaining environmental quality, 
        productivity of natural resources and agricultural 
        systems, and social well-being;
          (3) there is an increasing threat of impairment to 
        the quantity and quality of surface and groundwater 
        resources;
          (4) the Nation's capabilities for technological 
        assessment and planning and for policy formulation for 
        water resources must be strengthened at the Federal, 
        State, and local governmental levels;
          (5) there should be a continuing national investment 
        in water and related research and technology 
        commensurate with growing national needs;
          (6) it is necessary to provide for the research and 
        development of technology for the conversion of saline 
        and other impaired waters to a quality suitable for 
        municipal, industrial, agricultural, recreational, and 
        other beneficial uses;
          (7) additional research is required to increase the 
        effectiveness and efficiency of new and existing 
        treatment works through alternative approaches, 
        including--
                  (A) nonstructural alternatives;
                  (B) decentralized approaches;
                  (C) water use efficiency and conservation; 
                and
                  (D) actions to reduce energy consumption or 
                extract energy from wastewater;
          [(7)] (8) the Nation must provide programs to 
        strengthen research and associated graduate education 
        because the pool of scientists, engineers, and 
        technicians trained in fields related to water 
        resources constitutes an invaluable natural resource 
        which should be increased, fully utilized, and 
        regularly replenished; [and]
          [(8)] (9) long-term planning and policy development 
        are essential to ensure the availability of an abundant 
        supply of high quality water for domestic and other 
        uses; and
          [(9)] (10) the States must have the research and 
        problem-solving capacity necessary to effectively 
        manage their water resources.

           *       *       *       *       *       *       *


                           (42 U.S.C. 10303)

SEC. 10303. WATER RESOURCES RESEARCH AND TECHNOLOGY INSTITUTES

  (a) Establishment; designation of site by State legislature 
or Governor

           *       *       *       *       *       *       *

  (b) Scope of research; other activities; cooperation and 
coordinationEach institute shall-
          (1) plan, conduct, or otherwise arrange for competent 
        applied and peer reviewed research that fosters-
                  (A) improvements in water supply reliability;
                  (B) the exploration of new ideas that-
                          (i) address water problems; or
                          (ii) expand understanding of water 
                        and [water-related phenomena] water 
                        resources;
                  (C) the entry of new research scientists, 
                engineers, and technicians into water resources 
                fields; and
                  (D) the dissemination of research results to 
                water managers and the public[.] ;and

           *       *       *       *       *       *       *

  (c) Grants; matching funds
  [From the]
          (1) In general.--From the sums appropriated pursuant 
        to subsection (f) of this section, the Secretary shall 
        make grants to each institute to be matched on a basis 
        of no less than 2 non-Federal dollars for every 1 
        Federal dollar, such sums to be used only for the 
        reimbursement of the direct cost expenditures incurred 
        for the conduct of the water resources research 
        program.
          (2) Report.--Not later than December 31 of each 
        fiscal year, the Secretary shall submit to the 
        Committee on Environment and Public Works of the 
        Senate, the Committee on the Budget of the Senate, the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives, and the Committee on the 
        Budget of the House of Representatives a report 
        regarding the compliance of each funding recipient with 
        this subsection for the immediately preceding fiscal 
        year.

           *       *       *       *       *       *       *

  [(e) Evaluation of water resources research program
  [The Secretary shall conduct a careful and detailed 
evaluation of each institute at least once every 3 years to 
determine that the quality and relevance of its water resources 
research and its effectiveness at producing measured results 
and applied water supply research as an institution for 
planning, conducting, and arranging for research warrants its 
continued support under this section. If, as a result of any 
such evaluation, the Secretary determines that an institute 
does not qualify for further support under this section, then 
no further grants to the institute may be made until the 
institute's qualifications are reestablished to the 
satisfaction of the Secretary.]
  (e) Evaluation of Water Resources Research Program.--
          (1) In general.--The Secretary shall conduct a 
        careful and detailed evaluation of each institute at 
        least once every 3 years to determine--
                  (A) the quality and relevance of the water 
                resources research of the institute;
                  (B) the effectiveness of the institute at 
                producing measured results and applied water 
                supply research; and
                  (C) whether the effectiveness of the 
                institute as an institution for planning, 
                conducting, and arranging for research warrants 
                continued support under this section.
          (2) Prohibition on further support.--If, as a result 
        of an evaluation under paragraph (1), the Secretary 
        determines that an institute does not qualify for 
        further support under this section, no further grants 
        to the institute may be provided until the 
        qualifications of the institute are reestablished to 
        the satisfaction of the Secretary.

           *       *       *       *       *       *       *

  (f) Authorization of appropriations in general
          (1) There is authorized to be appropriated to carry 
        out this section, to remain available until expended, 
        [$12,000,000 for each of fiscal years 2007 through 
        2011] $7,500,000 for each of fiscal years 2017 through 
        2021.

           *       *       *       *       *       *       *

  (g) Additional appropriations where research focused on water 
problems of interstate nature
          (1) There is further authorized to be appropriated to 
        the Secretary of the Interior the sum of [6,000,000 for 
        each of fiscal years 2007 through 2011] 1,500,000 for 
        each of fiscal years 2017 through 2021 only for 
        reimbursement of the direct cost expenses of additional 
        research or synthesis of the results of research by 
        institutes which focuses on water problems and issues 
        of a regional or interstate nature beyond those of 
        concern only to a single State and which relate to 
        specific program priorities identified jointly by the 
        Secretary and the institutes. Such funds when 
        appropriated shall be matched on a not less than 
        dollar-for-dollar basis by funds made available to 
        institutes or groups of institutes, by States or other 
        non-Federal sources. Funds made available under this 
        subsection shall remain available until expended.

           *       *       *       *       *       *       *


                     WATER DESALINATION ACT OF 1996


          [42 U.S.C. 10301; PUBLIC LAW 104-298--OCT. 11, 1996]

SEC. 3. AUTHORIZATION OF RESEARCH AND STUDIES.

  (a) In General.--In order to determine the most cost-
effective and technologically efficient means by which usable 
water can be produced from saline water or water otherwise 
impaired or contaminated, the Secretary is authorized to award 
grants and to enter into contracts, to the extent provided in 
advance in appropriation Acts, to conduct, encourage, and 
assist in the financing of research to develop processes for 
converting saline water into water suitable for beneficial 
uses. Awards of research grants and contracts under this 
section shall be made on the basis of a competitive, merit-
reviewed process. Research and study topics authorized by this 
section include--
          (1) * * *

           *       *       *       *       *       *       *

  (e) Prioritization.--In carrying out this section, the 
Secretary shall prioritize funding for research--
          (1) to reduce energy consumption and lower the cost 
        of desalination, including chloride control;
          (2) to reduce the environmental impacts of seawater 
        desalination and develop technology and strategies to 
        minimize those impacts;
          (3) to improve existing reverse osmosis and membrane 
        technology;
          (4) to carry out basic and applied research on next 
        generation desalination technologies, including 
        improved energy recovery systems and renewable energy-
        powered desalination systems that could significantly 
        reduce desalination costs;
          (5) to develop portable or modular desalination units 
        capable of providing temporary emergency water supplies 
        for domestic or military deployment purposes; and
          (6) to develop and promote innovative desalination 
        technologies, including chloride control, identified by 
        the Secretary.

SEC. 4. DESALINATION DEMONSTRATION AND DEVELOPMENT.

  (a) In General.--In order to further demonstrate the 
feasibility of desalination processes investigated either 
independently or in research conducted pursuant to section 3, 
the Secretary shall administer and conduct a demonstration and 
development program for water desalination and related 
activities, including the following:
          (1) * * *

           *       *       *       *       *       *       *

  (c) Prioritization.--In carrying out demonstration and 
development activities under this section, the Secretary shall 
prioritize projects--
          (1) in drought-stricken States and communities;
          (2) in States that have authorized funding for 
        research and development of desalination technologies 
        and projects;
          (3) that can reduce reliance on imported water 
        supplies that have an impact on species listed under 
        the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.); and
          (4) that demonstrably leverage the experience of 
        international partners with considerable expertise in 
        desalination, such as the State of Israel.

           *       *       *       *       *       *       *


SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

  (a) Section 3.-There are authorized to be appropriated to 
carry out section 3 of this Act [5,000,000] 8,000,000 per year 
for fiscal years 1997 through [2013] 2021. Of these amounts, up 
to 1,000,000 in each fiscal year may be awarded to institutions 
of higher education, including United States-Mexico binational 
research foundations and interuniversity research programs 
established by the two countries, for research grants without 
any cost-sharing requirement.
  (b) Section 4.-There are authorized to be appropriated to 
carry out section 4 of this Act 3,000,000 [for each of fiscal 
years 2012 through 2013] for each of fiscal years 2017 through 
2021.

[SEC. 9. CONSULTATION.

  In carrying out]

SEC. 9. CONSULTATION AND COORDINATION.

  (a) Consultation.--In carrying outthe provisions of this Act, 
the Secretary shall consult with the heads of other Federal 
agencies, including the Secretary of the Army, which have 
experience in conducting desalination research or operating 
desalination facilities. [The authorization]
  (b) Coordination of Federal Desalination Research and 
Development.--
          (1) In general.--The White House Office of Science 
        and Technology Policy shall develop a coordinated 
        strategic plan that--
                  (A) establishes priorities for future Federal 
                investments in desalination;
                  (B) coordinates the activities of Federal 
                agencies involved in desalination, including 
                the Bureau of Reclamation, the Corps of 
                Engineers, the United States Army Tank 
                Automotive Research, Development and 
                Engineering Center, the National Science 
                Foundation, the Office of Naval Research of the 
                Department of Defense, the National 
                Laboratories of the Department of Energy, the 
                United States Geological Survey, the 
                Environmental Protection Agency, and the 
                National Oceanic and Atmospheric 
                Administration; and
                  (C) strengthens research and development 
                cooperation with international partners, such 
                as the State of Israel, in the area of 
                desalination technology.
  (c) Other Desalination Programs.--The authorization
  provided for in this Act shall not prohibit other agencies 
from carrying out separately authorized programs for 
desalination research or operations.

           *       *       *       *       *       *       *


                 CONSOLIDATED APPROPRIATIONS ACT, 2016


                  [PUBLIC LAW 114-113--129 Stat. 2242]

   DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2016


                                TITLE II


                     ENVIRONMENTAL PROTECTION AGENCY


STATE AND TRIBAL ASSISTANCE GRANTS

          (1) $1,393,887,000 shall be for making capitalization 
        grants for the Clean Water State Revolving Funds under 
        title VI of the Federal Water Pollution Control Act; 
        and of which 863,233,000 shall be for making 
        capitalization grants for the Drinking Water State 
        Revolving Funds under section 1452 of the Safe Drinking 
        Water Act: Provided, That for fiscal year 2016, to the 
        extent there are sufficient eligible project 
        applications and projects are consistent with State 
        Intended Use Plans, not less than 10 percent of the 
        funds made available under this title to each State for 
        Clean Water State Revolving Fund capitalization grants 
        shall be used by the State for projects to address 
        green infrastructure, water or energy efficiency 
        improvements, or other environmentally innovative 
        activities: Provided further, That for fiscal year 
        2016, funds made available under this title to each 
        State for Drinking Water State Revolving Fund 
        capitalization grants may, at the discretion of each 
        State, be used for projects to address green 
        infrastructure, water or energy efficiency 
        improvements, or other environmentally innovative 
        activities: Provided further, That notwithstanding 
        section 603(d)(7) of the Federal Water Pollution 
        Control Act, the limitation on the amounts in a State 
        water pollution control revolving fund that may be used 
        by a State to administer the fund shall not apply to 
        amounts included as principal in loans made by such 
        fund in fiscal year 2016 and prior years where such 
        amounts represent costs of administering the fund to 
        the extent that such amounts are or were deemed 
        reasonable by the Administrator, accounted for 
        separately from other assets in the fund, and used for 
        eligible purposes of the fund, including 
        administration: Provided further, That for fiscal year 
        2016, notwithstanding the limitation on amounts in 
        section 518(c) of the Federal Water Pollution Control 
        Act, up to a total of 2 percent of the funds 
        appropriated, or $30,000,000, whichever is greater, and 
        notwithstanding the limitation on amounts in section 
        1452(i) of the Safe Drinking Water Act, up to a total 
        of 2 percent of the funds appropriated, or $20,000,000, 
        whichever is greater, for State Revolving Funds under 
        such Acts may be reserved by the Administrator for 
        grants under section 518(c) and section 1452(i) of such 
        Acts: Provided further, That for fiscal year 2016, 
        notwithstanding the amounts specified in section 205(c) 
        of the Federal Water Pollution Control Act, up to 1.5 
        percent of the aggregate funds appropriated for the 
        Clean Water State Revolving Fund program under the Act 
        less any sums reserved under section 518(c) of the Act, 
        may be reserved by the Administrator for grants made 
        under title II of the Federal Water Pollution Control 
        Act for American Samoa, Guam, the Commonwealth of the 
        Northern Marianas, and United States Virgin Islands: 
        Provided further, That for fiscal year 2016, 
        notwithstanding the limitations on amounts specified in 
        section 1452(j) of the Safe Drinking Water Act, up to 
        1.5 percent of the funds appropriated for the Drinking 
        Water State Revolving Fund programs under the Safe 
        Drinking Water Act may be reserved by the Administrator 
        for grants made under section 1452(j) of the Safe 
        Drinking Water Act: Provided further, That 10 percent 
        of the funds made available under this title to each 
        State for Clean Water State Revolving Fund 
        capitalization grants and 20 percent of the funds made 
        available under this title to each State for Drinking 
        Water State Revolving Fund capitalization grants shall 
        be used by the State to provide additional subsidy to 
        eligible recipients in the form of forgiveness of 
        principal, negative interest loans, or grants (or any 
        combination of these), and shall be so used by the 
        State only where such funds are provided as initial 
        financing for an eligible recipient or to buy, 
        refinance, or restructure the debt obligations of 
        eligible recipients only where such debt was incurred 
        on or after the date of enactment of this Act[;] or, if 
        a Federal or State emergency declaration has been 
        issued due to a threat to public health from heightened 
        exposure to lead in a municipal drinking water supply, 
        before the date of enactment of this Act: Provided 
        further, that in a State in which such an emergency 
        declaration has been issued, the State may use more 
        than 20 percent of the funds made available under this 
        title to the State for Drinking Water State Revolving 
        Fund capitalization grants to provide additional 
        subsidy to eligible recipients;

           *       *       *       *       *       *       *


LAKE TAHOE RESTORATION ACT

           *       *       *       *       *       *       *



[SEC. 2. FINDINGS AND PURPOSES.

  [(a) Findings.--Congress finds that--
          [(1) Lake Tahoe, one of the largest, deepest, and 
        clearest lakes in the world, has a cobalt blue color, a 
        unique alpine setting, and remarkable water clarity, 
        and is recognized nationally and worldwide as a natural 
        resource of special significance;
          [(2) in addition to being a scenic and ecological 
        treasure, Lake Tahoe is one of the outstanding 
        recreational resources of the United States, offering 
        skiing, water sports, biking, camping, and hiking to 
        millions of visitors each year, and contributing 
        significantly to the economies of California, Nevada, 
        and the United States;
          [(3) the economy in the Lake Tahoe basin is dependent 
        on the protection and restoration of the natural beauty 
        and recreation opportunities in the area;
          [(4) Lake Tahoe is in the midst of an environmental 
        crisis; the Lake's water clarity has declined from a 
        visibility level of 105 feet in 1967 to only 70 feet in 
        1999, and scientific estimates indicate that if the 
        water quality at the Lake continues to degrade, Lake 
        Tahoe will lose its famous clarity in only 30 years;
          [(5) sediment and algae-nourishing phosphorous and 
        nitrogen continue to flow into the Lake from a variety 
        of sources, including land erosion, fertilizers, air 
        pollution, urban runoff, highway drainage, streamside 
        erosion, land disturbance, and ground water flow;
          [(6) methyl tertiary butyl ether--
                  [(A) has contaminated and closed more than 
                one-third of the wells in South Tahoe; and
                  [(B) is advancing on the Lake at a rate of 
                approximately 9 feet per day;
          [(7) destruction of wetlands, wet meadows, and stream 
        zone habitat has compromised the Lake's ability to 
        cleanse itself of pollutants;
          [(8) approximately 40 percent of the trees in the 
        Lake Tahoe basin are either dead or dying, and the 
        increased quantity of combustible forest fuels has 
        significantly increased the risk of catastrophic forest 
        fire in the Lake Tahoe basin;
          [(9) as the largest land manager in the Lake Tahoe 
        basin, with 77 percent of the land, the Federal 
        Government has a unique responsibility for restoring 
        environmental health to Lake Tahoe;
          [(10) the Federal Government has a long history of 
        environmental preservation at Lake Tahoe, including--
                  [(A) congressional consent to the 
                establishment of the Tahoe Regional Planning 
                Agency in 1969 (Public Law 91-148; 83 Stat. 
                360) and in 1980 (Public Law 96-551; 94 Stat. 
                3233);
                  [(B) the establishment of the Lake Tahoe 
                Basin Management Unit in 1973; and
                  [(C) the enactment of Public Law 96-586 (94 
                Stat. 3381) in 1980 to provide for the 
                acquisition of environmentally sensitive land 
                and erosion control grants;
          [(11) the President renewed the Federal Government's 
        commitment to Lake Tahoe in 1997 at the Lake Tahoe 
        Presidential Forum, when he committed to increased 
        Federal resources for environmental restoration at Lake 
        Tahoe and established the Federal Interagency 
        Partnership and Federal Advisory Committee to consult 
        on natural resources issues concerning the Lake Tahoe 
        basin;
          [(12) the States of California and Nevada have 
        contributed proportionally to the effort to protect and 
        restore Lake Tahoe, including--
                  [(A) expenditures--
                          [(i) exceeding 200,000,000 by the 
                        State of California since 1980 for land 
                        acquisition, erosion control, and other 
                        environmental projects in the Lake 
                        Tahoe basin; and
                          [(ii) exceeding $30,000,000 by the 
                        State of Nevada since 1980 for the 
                        purposes described in clause (i); and
                  [(B) the approval of a bond issue by voters 
                in the State of Nevada authorizing the 
                expenditure by the State of an additional 
                $20,000,000; and
          [(13) significant additional investment from Federal, 
        State, local, and private sources is needed to stop the 
        damage to Lake Tahoe and its forests, and restore the 
        Lake Tahoe basin to ecological health.
  [(b) Purposes.--The purposes of this Act are--
          [(1) to enable the Forest Service to plan and 
        implement significant new environmental restoration 
        activities and forest management activities to address 
        the phenomena described in paragraphs (4) through (8) 
        of subsection (a) in the Lake Tahoe basin;
          [(2) to ensure that Federal, State, local, regional, 
        tribal, and private entities continue to work together 
        to improve water quality and manage Federal land in the 
        Lake Tahoe Basin Management Unit; and
          [(3) to provide funding to local governments for 
        erosion and sediment control projects on non-Federal 
        land if the projects benefit the Federal land.]

SEC. 2. FINDINGS AND PURPOSES.

  (a) Findings.--Congress finds that--
          (1) Lake Tahoe--
                  (A) is one of the largest, deepest, and 
                clearest lakes in the world;
                  (B) has a cobalt blue color, a biologically 
                diverse alpine setting, and remarkable water 
                clarity; and
                  (C) is recognized nationally and worldwide as 
                a natural resource of special significance;
          (2) in addition to being a scenic and ecological 
        treasure, the Lake Tahoe Basin is one of the 
        outstanding recreational resources of the United 
        States, which--
                  (A) offers skiing, water sports, biking, 
                camping, and hiking to millions of visitors 
                each year; and
                  (B) contributes significantly to the 
                economies of California, Nevada, and the United 
                States;
          (3) the economy in the Lake Tahoe Basin is dependent 
        on the conservation and restoration of the natural 
        beauty and recreation opportunities in the area;
          (4) the ecological health of the Lake Tahoe Basin 
        continues to be challenged by the impacts of land use 
        and transportation patterns developed in the last 
        century;
          (5) the alteration of wetland, wet meadows, and 
        stream zone habitat have compromised the capacity of 
        the watershed to filter sediment, nutrients, and 
        pollutants before reaching Lake Tahoe;
          (6) forests in the Lake Tahoe Basin suffer from over 
        a century of fire damage and periodic drought, which 
        have resulted in--
                  (A) high tree density and mortality;
                  (B) the loss of biological diversity; and
                  (C) a large quantity of combustible forest 
                fuels, which significantly increases the threat 
                of catastrophic fire and insect infestation;
          (7) the establishment of several aquatic and 
        terrestrial invasive species (including perennial 
        pepperweed, milfoil, and Asian clam) threatens the 
        ecosystem of the Lake Tahoe Basin;
          (8) there is an ongoing threat to the economy and 
        ecosystem of the Lake Tahoe Basin of the introduction 
        and establishment of other invasive species (such as 
        yellow starthistle, New Zealand mud snail, Zebra 
        mussel, and quagga mussel);
          (9) 78 percent of the land in the Lake Tahoe Basin is 
        administered by the Federal Government, which makes it 
        a Federal responsibility to restore ecological health 
        to the Lake Tahoe Basin;
          (10) the Federal Government has a long history of 
        environmental stewardship at Lake Tahoe, including--
                  (A) congressional consent to the 
                establishment of the Planning Agency with--
                          (i) the enactment in 1969 of Public 
                        Law 91-148 (83 Stat. 360); and
                          (ii) the enactment in 1980 of Public 
                        Law 96-551 (94 Stat. 3233);
                  (B) the establishment of the Lake Tahoe Basin 
                Management Unit in 1973;
                  (C) the enactment of Public Law 96-586 (94 
                Stat. 3381) in 1980 to provide for the 
                acquisition of environmentally sensitive land 
                and erosion control grants in the Lake Tahoe 
                Basin;
                  (D) the enactment of sections 341 and 342 of 
                the Department of the Interior and Related 
                Agencies Appropriations Act, 2004 (Public Law 
                108-108; 117 Stat. 1317), which amended the 
                Southern Nevada Public Land Management Act of 
                1998 (Public Law 105-263; 112 Stat. 2346) to 
                provide payments for the environmental 
                restoration programs under this Act; and
                  (E) the enactment of section 382 of the Tax 
                Relief and Health Care Act of 2006 (Public Law 
                109-432; 120 Stat. 3045), which amended the 
                Southern Nevada Public Land Management Act of 
                1998 (Public Law 105-263; 112 Stat. 2346) to 
                authorize development and implementation of a 
                comprehensive 10-year hazardous fuels and fire 
                prevention plan for the Lake Tahoe Basin;
          (11) the Assistant Secretary was an original 
        signatory in 1997 to the Agreement of Federal 
        Departments on Protection of the Environment and 
        Economic Health of the Lake Tahoe Basin;
          (12) the Chief of Engineers, under direction from the 
        Assistant Secretary, has continued to be a significant 
        contributor to Lake Tahoe Basin restoration, 
        including--
                  (A) stream and wetland restoration; and
                  (B) programmatic technical assistance;
          (13) at the Lake Tahoe Presidential Forum in 1997, 
        the President renewed the commitment of the Federal 
        Government to Lake Tahoe by--
                  (A) committing to increased Federal resources 
                for ecological restoration at Lake Tahoe; and
                  (B) establishing the Federal Interagency 
                Partnership and Federal Advisory Committee to 
                consult on natural resources issues concerning 
                the Lake Tahoe Basin;
          (14) at the 2011 and 2012 Lake Tahoe Forums, Senator 
        Reid, Senator Feinstein, Senator Heller, Senator 
        Ensign, Governor Gibbons, Governor Sandoval, and 
        Governor Brown--
                  (A) renewed their commitment to Lake Tahoe; 
                and
                  (B) expressed their desire to fund the 
                Federal and State shares of the Environmental 
                Improvement Program through 2022;
          (15) since 1997, the Federal Government, the States 
        of California and Nevada, units of local government, 
        and the private sector have contributed more than 
        $1,740,000,000 to the Lake Tahoe Basin, including--
                  (A) $576,300,000 from the Federal Government;
                  (B) $654,600,000 from the State of 
                California;
                  (C) $112,500,000 from the State of Nevada;
                  (D) $74,900,000 from units of local 
                government; and
                  (E) $323,700,000 from private interests;
          (16) significant additional investment from Federal, 
        State, local, and private sources is necessary--
                  (A) to restore and sustain the ecological 
                health of the Lake Tahoe Basin;
                  (B) to adapt to the impacts of fluctuating 
                water temperature and precipitation; and
                  (C) to prevent the introduction and 
                establishment of invasive species in the Lake 
                Tahoe Basin; and
          (17) the Secretary has indicated that the Lake Tahoe 
        Basin Management Unit has the capacity for at least 
        $10,000,000 annually for the Fire Risk Reduction and 
        Forest Management Program.
  (b) Purposes.--The purposes of this Act are--
          (1) to enable the Chief of the Forest Service, the 
        Director of the United States Fish and Wildlife 
        Service, and the Administrator, in cooperation with the 
        Planning Agency and the States of California and 
        Nevada, to fund, plan, and implement significant new 
        environmental restoration activities and forest 
        management activities in the Lake Tahoe Basin;
          (2) to ensure that Federal, State, local, regional, 
        tribal, and private entities continue to work together 
        to manage land in the Lake Tahoe Basin;
          (3) to support local governments in efforts related 
        to environmental restoration, stormwater pollution 
        control, fire risk reduction, and forest management 
        activities; and
          (4) to ensure that agency and science community 
        representatives in the Lake Tahoe Basin work together--
                  (A) to develop and implement a plan for 
                integrated monitoring, assessment, and applied 
                research to evaluate the effectiveness of the 
                Environmental Improvement Program; and
                  (B) to provide objective information as a 
                basis for ongoing decisionmaking, with an 
                emphasis on decisionmaking relating to resource 
                management in the Lake Tahoe Basin.

           *       *       *       *       *       *       *


[SEC. 3. DEFINITIONS.

  In this Act:
          [(1) Environmental threshold carrying capacity.--The 
        term ``environmental threshold carrying capacity'' has 
        the meaning given the term in article II of the Tahoe 
        Regional Planning Compact set forth in the first 
        section of Public Law 96-551 (94 Stat. 3235).
          [(2) Fire risk reduction activity.--
                  [(A) In general.--The term ``fire risk 
                reduction activity'' means an activity that is 
                necessary to reduce the risk of wildfire to 
                promote forest management and simultaneously 
                achieve and maintain the environmental 
                threshold carrying capacities established by 
                the Planning Agency in a manner consistent, 
                where applicable, with chapter 71 of the Tahoe 
                Regional Planning Agency Code of Ordinances.
                  [(B) Included activities.--The term ``fire 
                risk reduction activity'' includes--
                          [(i) prescribed burning;
                          [(ii) mechanical treatment;
                          [(iii) road obliteration or 
                        reconstruction; and
                          [(iv) such other activities 
                        consistent with Forest Service 
                        practices as the Secretary determines 
                        to be appropriate.
          [(3) Planning agency.--The term ``Planning Agency'' 
        means the Tahoe Regional Planning Agency established 
        under Public Law 91-148 (83 Stat. 360) and Public Law 
        96-551 (94 Stat. 3233).
          [(4) Priority list.--The term ``priority list'' means 
        the environmental restoration priority list developed 
        under section 6.
          [(5) Secretary.--The term ``Secretary'' means the 
        Secretary of Agriculture, acting through the Chief of 
        the Forest Service.]

SEC. 3. DEFINITIONS.

  In this Act:
          (1) Administrator.--The term `Administrator' means 
        the Administrator of the Environmental Protection 
        Agency.
          (2) Assistant secretary.--The term `Assistant 
        Secretary' means the Assistant Secretary of the Army 
        for Civil Works.
          (3) Chair.--The term `Chair' means the Chair of the 
        Federal Partnership.
          (4) Compact.--The term `Compact' means the Tahoe 
        Regional Planning Compact included in the first section 
        of Public Law 96-551 (94 Stat. 3233).
          (5) Directors.--The term `Directors' means--
                  (A) the Director of the United States Fish 
                and Wildlife Service; and
                  (B) the Director of the United States 
                Geological Survey.
          (6) Environmental improvement program.--The term 
        `Environmental Improvement Program' means--
                  (A) the Environmental Improvement Program 
                adopted by the Planning Agency; and
                  (B) any amendments to the Program.
          (7) Environmental threshold carrying capacity.--The 
        term `environmental threshold carrying capacity' has 
        the meaning given the term in Article II of the 
        Compact.
          (8) Federal partnership.--The term `Federal 
        Partnership' means the Lake Tahoe Federal Interagency 
        Partnership established by Executive Order 13057 (62 
        Fed. Reg. 41249) (or a successor Executive order).
          (9) Forest management activity.--The term `forest 
        management activity' includes--
                  (A) prescribed burning for ecosystem health 
                and hazardous fuels reduction;
                  (B) mechanical and minimum tool treatment;
                  (C) stream environment zone restoration and 
                other watershed and wildlife habitat 
                enhancements;
                  (D) nonnative invasive species management; 
                and
                  (E) other activities consistent with Forest 
                Service practices, as the Secretary determines 
                to be appropriate.
          (10) Maps.--The term `Maps' means the maps--
                  (A) entitled--
                          (i) `LTRA USFS-CA Land Exchange/North 
                        Shore';
                          (ii) `USFS-CA Land Exchange/West 
                        Shore'; and
                          (iii) `USFS-CA Land Exchange/South 
                        Shore'; and
                  (B) dated April 12, 2013, and on file and 
                available for public inspection in the 
                appropriate offices of--
                          (i) the Forest Service;
                          (ii) the California Tahoe 
                        Conservancy; and
                          (iii) the California Department of 
                        Parks and Recreation.
          (11) National wildland fire code.--The term `national 
        wildland fire code' means--
                  (A) the most recent publication of the 
                National Fire Protection Association codes 
                numbered 1141, 1142, 1143, and 1144;
                  (B) the most recent publication of the 
                International Wildland-Urban Interface Code of 
                the International Code Council; or
                  (C) any other code that the Secretary 
                determines provides the same, or better, 
                standards for protection against wildland fire 
                as a code described in subparagraph (A) or (B).
          (12) Planning agency.--The term `Planning Agency' 
        means the Tahoe Regional Planning Agency established 
        under Public Law 91-148 (83 Stat. 360) and Public Law 
        96-551 (94 Stat. 3233).
          (13) Priority list.--The term `Priority List' means 
        the environmental restoration priority list developed 
        under section 5(b).
          (14) Secretary.--The term `Secretary' means the 
        Secretary of Agriculture, acting through the Chief of 
        the Forest Service.
          (15) Stream environment zone.--The term `Stream 
        Environment Zone' means an area that generally owes the 
        biological and physical characteristics of the area to 
        the presence of surface water or groundwater.
          (16) Total maximum daily load.--The term `total 
        maximum daily load' means the total maximum daily load 
        allocations adopted under section 303(d) of the Federal 
        Water Pollution Control Act (33 U.S.C. 1313(d)).
          (17) Watercraft.--The term `watercraft' means 
        motorized and non-motorized watercraft, including 
        boats, seaplanes, personal watercraft, kayaks, and 
        canoes.

SEC. 4. ADMINISTRATION OF THE LAKE TAHOE BASIN MANAGEMENT UNIT.

  (a) In General.--The Lake Tahoe Basin Management Unit shall 
be administered by the Secretary in accordance with this Act 
and the laws applicable to the National Forest System.
  (b) Relationship to Other Authority.--
          (1) Private or non-federal land.--Nothing in this Act 
        grants regulatory authority to the Secretary over 
        private or other non-Federal land.
          (2) Planning agency.--Nothing in this Act affects or 
        increases the authority of the Planning Agency.
          (3) Acquisition under other law.--Nothing in this Act 
        affects the authority of the Secretary to acquire land 
        from willing sellers in the Lake Tahoe [basin] Basin 
        under any other law.
  (c) Forest Management Activities.--
          (1) Coordination.--
                  (A) In general.--In conducting forest 
                management activities in the Lake Tahoe Basin 
                Management Unit, the Secretary shall, as 
                appropriate, coordinate with the Administrator 
                and State and local agencies and organizations, 
                including local fire departments and volunteer 
                groups.
                  (B) Goals.--The coordination of activities 
                under subparagraph (A) should aim to increase 
                efficiencies and maximize the compatibility of 
                management practices across public property 
                boundaries.
          (2) Multiple benefits.--
                  (A) In general.--In conducting forest 
                management activities in the Lake Tahoe Basin 
                Management Unit, the Secretary shall conduct 
                the activities in a manner that--
                          (i) except as provided in 
                        subparagraph (B), attains multiple 
                        ecosystem benefits, including--
                                  (I) reducing forest fuels;
                                  (II) maintaining biological 
                                diversity;
                                  (III) improving wetland and 
                                water quality, including in 
                                Stream Environment Zones; and
                                  (IV) increasing resilience to 
                                changing water temperature and 
                                precipitation; and
                          (ii) helps achieve and maintain the 
                        environmental threshold carrying 
                        capacities established by the Planning 
                        Agency.
                  (B) Exception.--Notwithstanding subparagraph 
                (A)(i), the attainment of multiple ecosystem 
                benefits shall not be required if the Secretary 
                determines that management for multiple 
                ecosystem benefits would excessively increase 
                the cost of a program in relation to the 
                additional ecosystem benefits gained from the 
                management activity.
          (3) Ground disturbance.--Consistent with applicable 
        Federal law and Lake Tahoe Basin Management Unit land 
        and resource management plan direction, the Secretary 
        shall--
                  (A) establish post-program ground condition 
                criteria for ground disturbance caused by 
                forest management activities; and
                  (B) provide for monitoring to ascertain the 
                attainment of the post-program conditions.
  (d) Withdrawal of Federal Land.--
          (1) In general.--Subject to valid existing rights and 
        paragraph (2), the Federal land located in the Lake 
        Tahoe Basin Management Unit is withdrawn from--
                  (A) all forms of entry, appropriation, or 
                disposal under the public land laws;
                  (B) location, entry, and patent under the 
                mining laws; and
                  (C) disposition under all laws relating to 
                mineral and geothermal leasing.
          (2) Exceptions.--A conveyance of land shall be exempt 
        from withdrawal under this subsection if carried out 
        under--
                  (A) this Act; or
                  (B) Public Law 96-586 (94 Stat. 3381) 
                (commonly known as the `Santini-Burton Act').
  (e) Environmental Threshold Carrying Capacity.--The Lake 
Tahoe Basin Management Unit shall support the attainment of the 
environmental threshold carrying capacities.
  (f) Cooperative Authorities.--During the 4 fiscal years 
following the date of enactment of the Water Resources 
Development Act of 2016, the Secretary, in conjunction with 
land adjustment programs, may enter into contracts and 
cooperative agreements with States, units of local government, 
and other public and private entities to provide for fuel 
reduction, erosion control, reforestation, Stream Environment 
Zone restoration, and similarmanagement activities on Federal 
land and non-Federal land within the programs.

[SEC. 5. CONSULTATION WITH PLANNING AGENCY AND OTHER ENTITIES.

  [(a) In General.--With respect to the duties described in 
subsection (b), the Secretary shall consult with and seek the 
advice and recommendations of--
          [(1) the Planning Agency;
          [(2) the Tahoe Federal Interagency Partnership 
        established by Executive Order No. 13057 (62 Fed. Reg. 
        41249) or a successor Executive order;
          [(3) the Lake Tahoe Basin Federal Advisory Committee 
        established by the Secretary on December 15, 1998 (64 
        Fed. Reg. 2876) (until the committee is terminated);
          [(4) Federal representatives and all political 
        subdivisions of the Lake Tahoe Basin Management Unit; 
        and
          [(5) the Lake Tahoe Transportation and Water Quality 
        Coalition.
  [(b) Duties.--The Secretary shall consult with and seek 
advice and recommendations from the entities described in 
subsection (a) with respect to--
          [(1) the administration of the Lake Tahoe Basin 
        Management Unit;
          [(2) the development of the priority list;
          [(3) the promotion of consistent policies and 
        strategies to address the Lake Tahoe basin's 
        environmental and recreational concerns;
          [(4) the coordination of the various programs, 
        projects, and activities relating to the environment 
        and recreation in the Lake Tahoe basin to avoid 
        unnecessary duplication and inefficiencies of Federal, 
        State, local, tribal, and private efforts; and
          [(5) the coordination of scientific resources and 
        data, for the purpose of obtaining the best available 
        science as a basis for decisionmaking on an ongoing 
        basis.]

SEC. 5. AUTHORIZED PROGRAMS.

  (a) In General.--The Secretary, the Assistant Secretary, the 
Directors, and the Administrator, in coordination with the 
Planning Agency and the States of California and Nevada, may 
carry out or provide financial assistance to any program that--
          (1) is described in subsection (d);
          (2) is included in the Priority List under subsection 
        (b); and
          (3) furthers the purposes of the Environmental 
        Improvement Program if the program has been subject to 
        environmental review and approval, respectively, as 
        required under Federal law, Article VII of the Compact, 
        and State law, as applicable.
  (b) Priority List.--
          (1) Deadline.--Not later than March 15 of the year 
        after the date of enactment of the Water Resources 
        Development Act of 2016, the Chair, in consultation 
        with the Secretary, the Administrator, the Directors, 
        the Planning Agency, the States of California and 
        Nevada, the Federal Partnership, the Washoe Tribe, the 
        Lake Tahoe Federal Advisory Committee, and the Tahoe 
        Science Consortium (or a successor organization) shall 
        submit to Congress a prioritized Environmental 
        Improvement Program list for the Lake Tahoe Basin for 
        each program category described in subsection (d).
          (2) Criteria.--The ranking of the Priority List shall 
        be based on the best available science and the 
        following criteria:
                  (A) The 4-year threshold carrying capacity 
                evaluation.
                  (B) The ability to measure progress or 
                success of the program.
                  (C) The potential to significantly contribute 
                to the achievement and maintenance of the 
                environmental threshold carrying capacities 
                identified in Article II of the Compact.
                  (D) The ability of a program to provide 
                multiple benefits.
                  (E) The ability of a program to leverage non-
                Federal contributions.
                  (F) Stakeholder support for the program.
                  (G) The justification of Federal interest.
                  (H) Agency priority.
                  (I) Agency capacity.
                  (J) Cost-effectiveness.
                  (K) Federal funding history.
          (3) Revisions.--The Priority List submitted under 
        paragraph (1) shall be revised every 2 years.
          (4) Funding.--Of the amounts made available under 
        section 10(a), $80,000,000 shall be made available to 
        the Secretary to carry out projects listed on the 
        Priority List.
  (c) Restriction.--The Administrator shall use not more than 3 
percent of the funds provided under subsection (a) for 
administering the programs described in paragraphs (1) and (2) 
of subsection (d).
  (d) Description of Activities.--
          (1) Fire risk reduction and forest management.--
                  (A) In general.--Of the amounts made 
                available under section 10(a), $150,000,000 
                shall be made available to the Secretary to 
                carry out, including by making grants, the 
                following programs:
                          (i) Programs identified as part of 
                        the Lake Tahoe Basin Multi-
                        Jurisdictional Fuel Reduction and 
                        Wildfire Prevention Strategy 10-Year 
                        Plan.
                          (ii) Competitive grants for fuels 
                        work to be awarded by the Secretary to 
                        communities that have adopted national 
                        wildland fire codes to implement the 
                        applicable portion of the 10-year plan 
                        described in clause (i).
                          (iii) Biomass programs, including 
                        feasibility assessments.
                          (iv) Angora Fire Restoration under 
                        the jurisdiction of the Secretary.
                          (v) Washoe Tribe programs on tribal 
                        lands within the Lake Tahoe Basin.
                          (vi) Development of an updated Lake 
                        Tahoe Basin multijurisdictional fuel 
                        reduction and wildfire prevention 
                        strategy, consistent with section 4(c).
                          (vii) Development of updated 
                        community wildfire protection plans by 
                        local fire districts.
                          (viii) Municipal water infrastructure 
                        that significantly improves the 
                        firefighting capability of local 
                        government within the Lake Tahoe Basin.
                          (ix) Stewardship end result 
                        contracting projects carried out under 
                        section 604 of the Healthy Forests 
                        Restoration Act of 2003 (16 U.S.C. 
                        6591c).
                  (B) Minimum allocation.--Of the amounts made 
                available to the Secretary to carry out 
                subparagraph (A), at least $100,000,000 shall 
                be used by the Secretary for programs under 
                subparagraph (A)(i).
                  (C) Priority.--Units of local government that 
                have dedicated funding for inspections and 
                enforcement of defensible space regulations 
                shall be given priority for amounts provided 
                under this paragraph.
                  (D) Cost-sharing requirements.--
                          (i) In general.--As a condition on 
                        the receipt of funds, communities or 
                        local fire districts that receive funds 
                        under this paragraph shall provide a 
                        25-percent match.
                          (ii) Form of non-federal share.--
                                  (I) In general.--The non-
                                Federal share required under 
                                clause (i) may be in the form 
                                of cash contributions or in-
                                kind contributions, including 
                                providing labor, equipment, 
                                supplies, space, and other 
                                operational needs.
                                  (II) Credit for certain 
                                dedicated funding.--There shall 
                                be credited toward the non-
                                Federal share required under 
                                clause (i) any dedicated 
                                funding of the communities or 
                                local fire districts for a 
                                fuels reduction management 
                                program, defensible space 
                                inspections, or dooryard 
                                chipping.
                                  (III) Documentation.--
                                Communities and local fire 
                                districts shall--
                                          (aa) maintain a 
                                        record of in-kind 
                                        contributions that 
                                        describes--
                                                  (AA) the 
                                                monetary value 
                                                of the in-kind 
                                                contributions; 
                                                and
                                                  (BB) the 
                                                manner in which 
                                                the in-kind 
                                                contributions 
                                                assist in 
                                                accomplishing 
                                                program goals 
                                                and objectives; 
                                                and
                                          (bb) document in all 
                                        requests for Federal 
                                        funding, and include in 
                                        the total program 
                                        budget, evidence of the 
                                        commitment to provide 
                                        the non-Federal share 
                                        through in-kind 
                                        contributions.
          (2) Invasive species management.--
                  (A) In general.--Of the amounts made 
                available under section 10(a), $45,000,000 
                shall be made available to the Director of the 
                United States Fish and Wildlife Service for the 
                Aquatic Invasive Species Program and the 
                watercraft inspections described in 
                subparagraph (B).
                  (B) Description of activities.--The Director 
                of the United States Fish and Wildlife Service, 
                in coordination with the Assistant Secretary, 
                the Planning Agency, the California Department 
                of Fish and Wildlife, and the Nevada Department 
                of Wildlife, shall deploy strategies consistent 
                with the Lake Tahoe Aquatic Invasive Species 
                Management Plan to prevent the introduction or 
                spread of aquatic invasive species in the Lake 
                Tahoe region.
                  (C) Criteria.--The strategies referred to in 
                subparagraph (B) shall provide that--
                          (i) combined inspection and 
                        decontamination stations be established 
                        and operated at not less than 2 
                        locations in the Lake Tahoe region; and
                          (ii) watercraft not be allowed to 
                        launch in waters of the Lake Tahoe 
                        region if the watercraft has not been 
                        inspected in accordance with the Lake 
                        Tahoe Aquatic Invasive Species 
                        Management Plan.
                  (D) Certification.--The Planning Agency may 
                certify State and local agencies to perform the 
                decontamination activities described in 
                subparagraph (C)(i) at locations outside the 
                Lake Tahoe Basin if standards at the sites meet 
                or exceed standards for similar sites in the 
                Lake Tahoe Basin established under this 
                paragraph.
                  (E) Applicability.--The strategies and 
                criteria developed under this paragraph shall 
                apply to all watercraft to be launched on water 
                within the Lake Tahoe region.
                  (F) Fees.--The Director of the United States 
                Fish and Wildlife Service may collect and spend 
                fees for decontamination only at a level 
                sufficient to cover the costs of operation of 
                inspection and decontamination stations under 
                this paragraph.
                  (G) Civil penalties.--
                          (i) In general.--Any person that 
                        launches, attempts to launch, or 
                        facilitates launching of watercraft not 
                        in compliance with strategies deployed 
                        under this paragraph shall be liable 
                        for a civil penalty in an amount not to 
                        exceed $1,000 per violation.
                          (ii) Other authorities.--Any 
                        penalties assessed under this 
                        subparagraph shall be separate from 
                        penalties assessed under any other 
                        authority.
                  (H) Limitation.--The strategies and criteria 
                under subparagraphs (B) and (C), respectively, 
                may be modified if the Secretary of the 
                Interior, in a nondelegable capacity and in 
                consultation with the Planning Agency and State 
                governments, issues a determination that 
                alternative measures will be no less effective 
                at preventing introduction of aquatic invasive 
                species into Lake Tahoe than the strategies and 
                criteria developed under subparagraphs (B) and 
                (C), respectively.
                  (I) Supplemental authority.--The authority 
                under this paragraph is supplemental to all 
                actions taken by non-Federal regulatory 
                authorities.
                  (J) Savings clause.--Nothing in this title 
                restricts, affects, or amends any other law or 
                the authority of any department, 
                instrumentality, or agency of the United 
                States, or any State or political subdivision 
                thereof, respecting the control of invasive 
                species.
          (3) Stormwater management, erosion control, and total 
        watershed restoration.--Of the amounts made available 
        under section 10(a), $113,000,000 shall be made 
        available--
                  (A) to the Secretary, the Secretary of the 
                Interior, the Assistant Secretary, or the 
                Administrator for the Federal share of 
                stormwater management and related programs 
                consistent with the adopted Total Maximum Daily 
                Load and near-shore water quality goals;
                  (B) for grants by the Secretary and the 
                Administrator to carry out the programs 
                described in subparagraph (A);
                  (C) to the Secretary or the Assistant 
                Secretary for the Federal share of the Upper 
                Truckee River restoration programs and other 
                watershed restoration programs identified in 
                the Priority List established under section 
                5(b); and
                  (D) for grants by the Administrator to carry 
                out the programs described in subparagraph (C).
          (4) Special status species management.--Of the 
        amounts made available under section 10(a), $20,000,000 
        shall be made available to the Director of the United 
        States Fish and Wildlife Service for the Lahontan 
        Cutthroat Trout Recovery Program.

[SEC. 6. ENVIRONMENTAL RESTORATION PRIORITY LIST.

  [(a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall develop a priority 
list of potential or proposed environmental restoration 
projects for the Lake Tahoe Basin Management Unit.
  [(b) Development of Priority List.--In developing the 
priority list, the Secretary shall--
          [(1) use the best available science, including any 
        relevant findings and recommendations of the watershed 
        assessment conducted by the Forest Service in the Lake 
        Tahoe basin; and
          [(2) include, in order of priority, potential or 
        proposed environmental restoration projects in the Lake 
        Tahoe basin that--
                  [(A) are included in or are consistent with 
                the environmental improvement program adopted 
                by the Planning Agency in February 1998 and 
                amendments to the program;
                  [(B) would help to achieve and maintain the 
                environmental threshold carrying capacities 
                for--
                          [(i) air quality;
                          [(ii) fisheries;
                          [(iii) noise;
                          [(iv) recreation;
                          [(v) scenic resources;
                          [(vi) soil conservation;
                          [(vii) forest health;
                          [(viii) water quality; and
                          [(ix) wildlife.
  [(c) Focus in Determining Order of Priority.--In determining 
the order of priority of potential and proposed environmental 
restoration projects under subsection (b)(2), the focus shall 
address projects (listed in no particular order) involving--
          [(1) erosion and sediment control, including the 
        activities described in section 2(g) of Public Law 96-
        586 (94 Stat. 3381) (as amended by section 7 of this 
        Act);
          [(2) the acquisition of environmentally sensitive 
        land from willing sellers--
                  [(A) using funds appropriated from the land 
                and water conservation fund established under 
                section 2 of the Land and Water Conservation 
                Fund Act of 1965 (16 U.S.C. 460l-5); or
                  [(B) under the authority of Public Law 96-586 
                (94 Stat. 3381);
          [(3) fire risk reduction activities in urban areas 
        and urban-wildland interface areas, including high 
        recreational use areas and urban lots acquired from 
        willing sellers under the authority of Public Law 96-
        586 (94 Stat. 3381);
          [(4) cleaning up methyl tertiary butyl ether 
        contamination; and
          [(5) the management of vehicular parking and traffic 
        in the Lake Tahoe Basin Management Unit, especially--
                  [(A) improvement of public access to the Lake 
                Tahoe basin, including the promotion of 
                alternatives to the private automobile;
                  [(B) the Highway 28 and 89 corridors and 
                parking problems in the area; and
                  [(C) cooperation with local public 
                transportation systems, including--
                          [(i) the Coordinated Transit System; 
                        and
                          [(ii) public transit systems on the 
                        north shore of Lake Tahoe.
  [(d) Monitoring.--The Secretary shall provide for continuous 
scientific research on and monitoring of the implementation of 
projects on the priority list, including the status of the 
achievement and maintenance of environmental threshold carrying 
capacities.
  [(e) Consistency With Memorandum of Understanding.--A project 
on the priority list shall be conducted in accordance with the 
memorandum of understanding signed by the Forest Supervisor and 
the Planning Agency on November 10, 1989, including any 
amendments to the memorandum as long as the memorandum remains 
in effect.
  [(f)) Review of Priority List.--Periodically, but not less 
often than every 3 years, the Secretary shall--
          [(1) review the priority list;
          [(2) consult with--
                  [(A) the Tahoe Regional Planning Agency;
                  [(B) interested political subdivisions; and
                  [(C) the Lake Tahoe Water Quality and 
                Transportation Coalition;
          [(3) make any necessary changes with respect to--
                  [(A) the findings of scientific research and 
                monitoring in the Lake Tahoe basin;
                  [(B) any change in an environmental threshold 
                as determined by the Planning Agency; and
                  [(C) any change in general environmental 
                conditions in the Lake Tahoe basin; and
          [(4) submit to Congress a report on any changes made.
  [(g) Cleanup of Hydrocarbon Contamination.--
          [(1) In general.-- The Secretary shall, subject to 
        the availability of appropriations, make a payment of 
        1,000,000 to the Tahoe Regional Planning Agency and the 
        South Tahoe Public Utility District to develop and 
        publish a plan, not later than 1 year after the date of 
        the enactment of this Act, for the prevention and 
        cleanup of hydrocarbon contamination (including 
        contamination with MTBE) of the surface water and 
        ground water of the Lake Tahoe basin.
          [(2) Consultation.--In developing the plan, the Tahoe 
        Regional Planning Agency and the South Tahoe Public 
        Utility District shall consult with the States of 
        California and Nevada and appropriate political 
        subdivisions.
          [(3) Willing sellers.--The plan shall not include any 
        acquisition of land or an interest in land except an 
        acquisition from a willing seller.
  [(h) Authorization of Appropriations.--There is authorized to 
be appropriated, for the implementation of projects on the 
priority list and the payment identified in subsection (g), 
$20,000,000 for the first fiscal year that begins after the 
date of the enactment of this Act and for each of the 9 fiscal 
years thereafter.]

SEC. 6. PROGRAM PERFORMANCE AND ACCOUNTABILITY.

  (a) Program Performance and Accountability.--
          (1) In general.--Of the amounts made available under 
        section 10(a), not less than $5,000,000 shall be made 
        available to the Secretary to carry out this section.
          (2) Planning agency.--Of the amounts described in 
        paragraph (1), not less than 50 percent shall be made 
        available to the Planning Agency to carry out the 
        program oversight and coordination activities 
        established under subsection (d).
  (b) Consultation.--In carrying out this Act, the Secretary, 
the Administrator, and the Directors shall, as appropriate and 
in a timely manner, consult with the heads of the Washoe Tribe, 
applicable Federal, State, regional, and local governmental 
agencies, and the Lake Tahoe Federal Advisory Committee.
  (c) Corps of Engineers; Interagency Agreements.--
          (1) In general.--The Assistant Secretary may enter 
        into interagency agreements with non-Federal interests 
        in the Lake Tahoe Basin to use Lake Tahoe Partnership-
        Miscellaneous General Investigations funds to provide 
        programmatic technical assistance for the Environmental 
        Improvement Program.
          (2) Local cooperation agreements.--
                  (A) In general.--Before providing technical 
                assistance under this section, the Assistant 
                Secretary shall enter into a local cooperation 
                agreement with a non-Federal interest to 
                provide for the technical assistance.
                  (B) Components.--The agreement entered into 
                under subparagraph (A) shall--
                          (i) describe the nature of the 
                        technical assistance;
                          (ii) describe any legal and 
                        institutional structures necessary to 
                        ensure the effective long-term 
                        viability of the end products by the 
                        non-Federal interest; and
                          (iii) include cost-sharing provisions 
                        in accordance with subparagraph (C).
                  (C) Federal share.--
                          (i) In general.--The Federal share of 
                        program costs under each local 
                        cooperation agreement under this 
                        paragraph shall be 65 percent.
                          (ii) Form.--The Federal share may be 
                        in the form of reimbursements of 
                        program costs.
                          (iii) Credit.--The non-Federal 
                        interest may receive credit toward the 
                        non-Federal share for the reasonable 
                        costs of related technical activities 
                        completed by the non-Federal interest 
                        before entering into a local 
                        cooperation agreement with the 
                        Assistant Secretary under this 
                        paragraph.
  (d) Effectiveness Evaluation and Monitoring.--In carrying out 
this Act, the Secretary, the Administrator, and the Directors, 
in coordination with the Planning Agency and the States of 
California and Nevada, shall--
          (1) develop and implement a plan for integrated 
        monitoring, assessment, and applied research to 
        evaluate the effectiveness of the Environmental 
        Improvement Program;
          (2) include funds in each program funded under this 
        section for monitoring and assessment of results at the 
        program level; and
          (3) use the integrated multiagency performance 
        measures established under this section.
  (e) Reporting Requirements.--Not later than March 15 of each 
year, the Secretary, in cooperation with the Chair, the 
Administrator, the Directors, the Planning Agency, and the 
States of California and Nevada, consistent with subsection 
(a), shall submit to Congress a report that describes--
          (1) the status of all Federal, State, local, and 
        private programs authorized under this Act, including 
        to the maximum extent practicable, for programs that 
        will receive Federal funds under this Act during the 
        current or subsequent fiscal year--
                  (A) the program scope;
                  (B) the budget for the program; and
                  (C) the justification for the program, 
                consistent with the criteria established in 
                section 5(b)(2);
          (2) Federal, State, local, and private expenditures 
        in the preceding fiscal year to implement the 
        Environmental Improvement Program;
          (3) accomplishments in the preceding fiscal year in 
        implementing this Act in accordance with the 
        performance measures and other monitoring and 
        assessment activities; and
          (4) public education and outreach efforts undertaken 
        to implement programs authorized under this Act.
  (f) Annual Budget Plan.--As part of the annual budget of the 
President, the President shall submit information regarding 
each Federal agency involved in the Environmental Improvement 
Program (including the Forest Service, the Environmental 
Protection Agency, the United States Fish and Wildlife Service, 
the United States Geological Survey, and the Corps of 
Engineers), including--
          (1) an interagency crosscut budget that displays the 
        proposed budget for use by each Federal agency in 
        carrying out restoration activities relating to the 
        Environmental Improvement Program for the following 
        fiscal year;
          (2) a detailed accounting of all amounts received and 
        obligated by Federal agencies to achieve the goals of 
        the Environmental Improvement Program during the 
        preceding fiscal year; and
          (3) a description of the Federal role in the 
        Environmental Improvement Program, including the 
        specific role of each agency involved in the 
        restoration of the Lake Tahoe Basin.

           *       *       *       *       *       *       *


[SEC. 8. FIRE RISK REDUCTION ACTIVITIES.

  [(a) In General.--In conducting fire risk reduction 
activities in the Lake Tahoe basin, the Secretary shall, as 
appropriate, coordinate with State and local agencies and 
organizations, including local fire departments and volunteer 
groups.
  [(b) Ground Disturbance.--The Secretary shall, to the maximum 
extent practicable, minimize any ground disturbances caused by 
fire risk reduction activities.

[SEC. 9. AVAILABILITY AND SOURCE OF FUNDS.

  [(a) In General.--Funds authorized under this Act and the 
amendment made by this Act--
          [(1) shall be in addition to any other amounts 
        available to the Secretary for expenditure in the Lake 
        Tahoe basin; and
          [(2) shall not reduce allocations for other Regions 
        of the Forest Service.
  [(b) Matching Requirement.--Except as provided in subsection 
(c), funds for activities under section 6 and section 7 of this 
Act shall be available for obligation on a 1-to-1 basis with 
funding of restoration activities in the Lake Tahoe basin by 
the States of California and Nevada.
  [(c) Relocation Costs.--The Secretary shall provide two-
thirds of necessary funding to local utility districts for the 
costs of relocating facilities in connection with environmental 
restoration projects under section 6 and erosion control 
projects under section 2 of Public Law 96-586.]

SEC. [10] 8. AMENDMENT OF PUBLIC LAW 96-586.

  Section 3(a) of Public Law 96-586 (94 Stat. 3383) is amended 
by adding at the end the following:
          ``(5) Willing sellers. Land within the Lake Tahoe 
        Basin Management Unit subject to acquisition under this 
        section that is owned by a private person shall be 
        acquired only from a willing seller.''.

SEC. [11] 9. RELATIONSHIP TO OTHER LAWS.

  Nothing in this Act exempts the Secretary , Director, or 
Administrator from the duty to comply with any applicable 
Federal law.

[SEC. [12] 10. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated such sums as are 
necessary to carry out this Act.]

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

  (a) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this Act $415,000,000 for a period 
of 10 fiscal years beginning the first fiscal year after the 
date of enactment of the Water Resources Development Act of 
2016.
  (b) Effect on Other Funds.--Amounts authorized under this 
section and any amendments made by this Act--
          (1) shall be in addition to any other amounts made 
        available to the Secretary, the Administrator, or the 
        Directors for expenditure in the Lake Tahoe Basin; and
          (2) shall not reduce allocations for other Regions of 
        the Forest Service, the Environmental Protection 
        Agency, or the United States Fish and Wildlife Service.
  (c) Cost-Sharing Requirement.--Except as provided in 
subsection (d) and section 5(d)(1)(D), funds for activities 
carried out under section 5 shall be available for obligation 
on a 1-to-1 basis with funding of restoration activities in the 
Lake Tahoe Basin by the States of California and Nevada.
  (d) Relocation Costs.--Notwithstanding subsection (c), the 
Secretary shall provide to local utility districts \2/3\ of the 
costs of relocating facilities in connection with--
          (1) environmental restoration programs under sections 
        5 and 6; and
          (2) erosion control programs under section 2 of 
        Public Law 96-586 (94 Stat. 3381).
  (e) Signage.--To the maximum extent practicable, a program 
provided assistance under this Act shall include appropriate 
signage at the program site that--
          (1) provides information to the public on--
                  (A) the amount of Federal funds being 
                provided to the program; and
                  (B) this Act; and
          (2) displays the visual identity mark of the 
        Environmental Improvement Program.

           *       *       *       *       *       *       *


                    TAHOE REGIONAL PLANNING COMPACT


                   [PUBLIC LAW 96-551; 94 Stat. 3240]

  (a) It is found and declared that:
          (1)* * *

           *       *       *       *       *       *       *


ARTICLE V.-PLANNING

           *       *       *       *       *       *       *


  (c) Within 1 year after the adoption of the environmental 
threshold carrying capacities for the region, the agency shall 
amend the regional plan so that, at a minimum, the plan and all 
of its elements, as implemented through agency ordinances, 
rules and regulations, achieves and maintains the adopted 
environmental threshold carryingcapacities. Each element of the 
plan shall contain implementation provisions and time schedules 
for such implementation by ordinance. The planning commission 
and governing body shall continuously review and maintain the 
regional plan and, in so doing, shall ensure that the regional 
plan reflects changing economic conditions and the economic 
effect of regulation on commerce. The regional plan shall 
consist of a diagram, or diagrams, and text, or texts setting 
forth the projects and proposals for implementation of the 
regional plan, a description of the needs and goals of the 
region and a statement of the policies, standards and elements 
of the regional plan. The regional plan shall be a single 
enforceable plan and includes all of the following correlated 
elements:

           *       *       *       *       *       *       *


             TITLE 49, UNITED STATES CODE -- TRANSPORTATION

Sec. 5303. Metropolitan transportation planning

  (a) Policy.--It is in the national interest--
          (1)* * *

           *       *       *       *       *       *       *

  (r) Bi-State Metropolitan Planning Organization.-
          (1) Definition of bi-state mpo region.-In this 
        subsection, the term "Bi-State Metropolitan Planning 
        Organization" has the meaning given the term "region" 
        in subsection (a) of Article II of the Lake Tahoe 
        Regional Planning Compact (Public Law 96-551; 94 Stat. 
        3234).
          (2) Treatment.-For the purpose of this title, the Bi-
        State Metropolitan Planning Organization shall be 
        treated as-
                  (A) a metropolitan planning organization;
                  (B) a transportation management area under 
                subsection (k); and
                  (C) an urbanized area, which is comprised of 
                a population of 145,000 and 25 square miles of 
                land area in the State of California and a 
                population of 65,000 and 12 square miles of 
                land area in the State of Nevada.

           *       *       *       *       *       *       *


                           SANTINI-BURTON ACT


                   [PUBLIC LAW 96-586--94 Stat. 3384]

SEC. 3. (A) * * *

           *       *       *       *       *       *       *


  [(b) Lands]
  (b) Administration of Acquired Land.--
          (1) In general.--Land acquired under this section 
        shall be administered as a part of the Unit'ed States 
        Forest System; except 7 that the Secretary of 
        Agriculture, a.cting through the Chief of 8 the Forest 
        Service, may, in the case of lands (1) which are 9 not 
        contiguous to other lands within the National Forest 10 
        System and (2) which are unsuitable for forest service 
        administration, transfer such lands or interests 
        therein to an appropriate unit of State or local 
        government with appropriate deed restrictions to 
        protect the environmental quality and public 
        recreational use of the lands concerned.
          (2) California conveyances.--
                  (A) In general.--If the State of California 
                (acting through the California Tahoe 
                Conservancy and the California Department of 
                Parks and Recreation) offers to donate to the 
                United States acceptable title to the non-
                Federal land described in subparagraph (B)(i), 
                the Secretary--
                          (i) may accept the offer; and
                          (ii) not later than 180 days after 
                        the date on which the Secretary 
                        receives acceptable title to the non-
                        Federal land described in subparagraph 
                        (B)(i), convey to the State of 
                        California, subject to valid existing 
                        rights and for no consideration, all 
                        right, title, and interest of the 
                        United States in and to the Federal 
                        land that is acceptable to the State of 
                        California.
                  (B) Description of land.--
                          (i) Non-federal land.--The non-
                        Federal land referred to in 
                        subparagraph (A) includes--
                                  (I) the approximately 1,981 
                                acres of land administered by 
                                the California Tahoe 
                                Conservancy and identified on 
                                the Maps as `Conservancy to the 
                                United States Forest Service'; 
                                and
                                  (II) the approximately 187 
                                acres of land administered by 
                                California State Parks and 
                                identified on the Maps as 
                                `State Parks to the U.S. Forest 
                                Service'.
                          (ii) Federal land.--The Federal land 
                        referred to in subparagraph (A) 
                        includes the approximately 1,995 acres 
                        of Forest Service land identified on 
                        the Maps as `U.S. Forest Service to 
                        Conservancy and State Parks'.
                  (C) Conditions.--Any land conveyed under this 
                paragraph shall--
                          (i) be for the purpose of 
                        consolidating Federal and State 
                        ownerships and improving management 
                        efficiencies;
                          (ii) not result in any significant 
                        changes in the uses of the land; and
                          (iii) be subject to the condition 
                        that the applicable deed include such 
                        terms, restrictions, covenants, 
                        conditions, and reservations as the 
                        Secretary determines necessary--
                                  (I) to ensure compliance with 
                                this Act; and
                                  (II) to ensure that the 
                                transfer of development rights 
                                associated with the conveyed 
                                parcels shall not be recognized 
                                or available for transfer under 
                                chapter 51 of the Code of 
                                Ordinances for the Tahoe 
                                Regional Planning Agency.
          (3) Nevada conveyances.--
                  (A) In general.--In accordance with this 
                section and on request by the Governor of 
                Nevada, the Secretary may transfer the land or 
                interests in land described in subparagraph (B) 
                to the State of Nevada without consideration, 
                subject to appropriate deed restrictions to 
                protect the environmental quality and public 
                recreational use of the land transferred.
                  (B) Description of land.--The land referred 
                to in subparagraph (A) includes--
                          (i) the approximately 38.68 acres of 
                        Forest Service land identified on the 
                        map entitled `State of Nevada 
                        Conveyances' as `Van Sickle Unit USFS 
                        Inholding'; and
                          (ii) the approximately 92.28 acres of 
                        Forest Service land identified on the 
                        map entitled `State of Nevada 
                        Conveyances' as `Lake Tahoe Nevada 
                        State Park USFS Inholding'.
                  (C) Conditions.--Any land conveyed under this 
                paragraph shall--
                          (i) be for the purpose of 
                        consolidating Federal and State 
                        ownerships and improving management 
                        efficiencies;
                          (ii) not result in any significant 
                        changes in the uses of the land; and
                          (iii) be subject to the condition 
                        that the applicable deed include such 
                        terms, restrictions, covenants, 
                        conditions, and reservations as the 
                        Secretary determines necessary--
                                  (I) to ensure compliance with 
                                this Act; and
                                  (II) to ensure that the 
                                development rights associated 
                                with the conveyed parcels shall 
                                not be recognized or available 
                                for transfer under section 90.2 
                                of the Code of Ordinances for 
                                the Tahoe Regional Planning 
                                Agency.
          (4) Reversion.--If a parcel of land transferred under 
        paragraph (2) or (3) is used in a manner that is 
        inconsistent with the use described for the parcel of 
        land in paragraph (2) or (3), respectively, the parcel 
        of land, shall, at the discretion of the Secretary, 
        revert to the United States.
          (5) Funding.--
                  (A) In general.--Of the amounts made 
                available under section 10(a) of the Lake Tahoe 
                Restoration Act (Public Law 106-506; 114 Stat. 
                2351), $2,000,000 shall be made available to 
                the Secretary to carry out the activities under 
                paragraphs (2) and (3).
                  (B) Other funds.--Of the amounts available to 
                the Secretary under paragraph (1), not less 
                than 50 percent shall be provided to the 
                California Tahoe Conservancy to facilitate the 
                conveyance of land described in paragraphs (2) 
                and (3).

           *       *       *       *       *       *       *


                     LONG ISLAND SOUND STEWARDSHIP


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

SECTION 1. SHORT TITLE.

    ``This Act may be cited as the 'Long Island Sound 
Stewardship Act of 2006'.

           *       *       *       *       *       *       *


SEC. 8. LONG ISLAND SOUND STEWARDSHIP ADVISORY COMMITTEE.

  (a) Establishment.-There is established a committee to be 
known as the 'Long Island Sound Stewardship Advisory 
Committee'.
  (b) * * *

           *       *       *       *       *       *       *

  (g) Termination of Advisory Committee.-The Advisory Committee 
shall terminate on December 31, [2011] 2021.
  (h) Nonapplicability of FACA.--The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to--
          (1) the Advisory Committee; or
          (2) any board, committee, or other group established 
        under this Act.

SEC. 9. REPORTS.

  (a) Administrator.-The Administrator shall publish and make 
available to the public on the Internet and in paper form-
  (1) * * *

           *       *       *       *       *       *       *

  (b) Advisory Committee.-
          (1) Report.-For each of fiscal years 2007 through 
        [2011] 2021, the Advisory Committee shall submit to the 
        Administrator and the decisionmaking body of the Long 
        Island Sound Study Management Conference established 
        under section 320 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1330), an annual report that 
        contains-

           *       *       *       *       *       *       *


SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

  [(a) In General.-There is authorized to be appropriated to 
the Administrator $25,000,000 for each of fiscal years 2007 
through 2011 to carry out this Act, including for-
          [(1) acquisition of land and interests in land;
          [(2) development and implementation of site 
        management plans;
          [(3) site enhancements to reduce threats or promote 
        stewardship; and
          [(4) administrative expenses of the Advisory 
        Committee and the Administrator.]
  [(b)] (a) Use of Funds.-Amounts made available to the 
Administrator [under this section each] to carry out this Act 
for a fiscal year shall be used by the Administrator after 
reviewing the recommendations included in the annual reports of 
the Advisory Committee under section 9.
  [(c)] (b) Authorization of Gifts, Devises, and Bequests for 
System.-In furtherance of the purpose of this Act, the 
Administrator may accept and use any gift, devise, or bequest 
of real or personal property, proceeds therefrom, or interests 
therein, to carry out this Act. Such acceptance may be subject 
to the terms of any restrictive or affirmative covenant, or 
condition of servitude, if such terms are considered by the 
Administrator to be in accordance with law and compatible with 
the purpose for which acceptance is sought.
  [(d)] (c) Limitation on Administrative Costs.-Of the amount 
available each fiscal year to carry out this Act, not more than 
8 percent may be used for administrative costs."

                                  [all]