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

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



 
               AMERICA'S WATER INFRASTRUCTURE ACT OF 2018

                                _______
                                

                 July 10, 2018.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 2800]

      [Including cost estimate of the Congressional Budget Office]

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

                    General Statement and Background

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drinking and wastewater problems posed by outdated water 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

                           Committee Overview

    The Committee's reported legislation:

                   CREATES JOBS AND GROWS THE ECONOMY

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

                        IS FISCALLY RESPONSIBLE

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

              PROTECTS LIVES, PROPERTY AND THE ENVIRONMENT

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

Corps of Engineers Civil Works Program

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

Implementing the Reforms Contained in WRRDA 2014 and WIIN 2016

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

Corps of Engineers Civil Works Program Transparency and Predictability

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

Risk Informed Decision Making

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

Finding Solutions to Today's Water Resource Management Challenges

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

Water Supply and Storage

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

Clean Water Act and Safe Drinking Water Act Programs

    The CWA establishes a framework for protecting water 
quality based on a comprehensive state-Federal program to 
control the discharges of pollutants into waterways. It also 
provides Federal financial assistance to local drinking and 
wastewater systems to improve water quality and comply with the 
Act's requirements. The nation's wastewater infrastructure 
includes 21,000 publicly owned wastewater treatment plants, an 
estimated 100,000 major pumping stations, 600,000 miles of 
sanitary sewers, and 200,000 miles of storm sewers. The CWA 
aims to bring communities into compliance with secondary 
treatment standards for the discharge of sewage. This objective 
was supported by Federal grants totaling over $60 billion 
between 1973 and 1987.
    In 1987, Congress amended the CWA to shift the mechanism 
for providing Federal assistance away from grants and created 
state revolving loan funds. Under these amendments, each state 
receives a grant each year from Congress to capitalize its own 
state revolving fund (SRF). The states then use these funds to 
make low-interest loans to communities to help with CWA 
compliance. States also may use a portion of the funding to 
provide additional subsidies for disadvantaged communities (as 
determined by the state).
    Through fiscal year 2017, Congress has provided over $40 
billion in capitalization grants for the state Clean Water 
State Revolving Funds (CW SRFs), including $1.394 billion in 
fiscal year 2017. States provide an additional 20 percent in 
matching funds.
    SDWA, first enacted in 1974, authorizes EPA to establish 
maximum contaminant levels for drinking water to protect public 
health. SDWA standards apply to community water systems that 
have at least 15 service connections or serve at least 25 
people per day for 60 days of the year. There are approximately 
70,000 such water systems nationwide.
    In 1996, to help communities meet the health-based 
requirements of the SDWA, that statute was amended to add a 
state revolving loan fund program, the Drinking Water State 
Revolving Funds (DW SRFs). Like the CW SRFs, the DW SRFs 
provide low interest loans to community water systems. States 
also may use a portion of the funding to provide additional 
subsidies for disadvantaged communities (as determined by the 
state).
    Through fiscal year 2017, Congress has provided more than 
$20 billion in capitalization grants for the DW SRFs, including 
$863 million in fiscal year 2017. States provide an additional 
20 percent in matching funds. These SRFs help states meet the 
growing need for investments in water and wastewater 
infrastructure. AWIA 2018 encourages robust funding of the 
SRFs.
    EPA published its sixth national assessment, Drinking Water 
Infrastructure Needs Survey, in March 2018. It estimated that 
the nation's drinking water utilities require $472.6 billion in 
infrastructure investments and $271 billion in wastewater needs 
over the next 20 years in order to ensure public health, 
security and the economic well-being of our cities, towns and 
communities. According to the EPA Assessment, the national 
drinking water need includes $74.4 billion for small systems 
(serving 3,300 or fewer people), $210 billion for medium water 
systems (serving 3,301 to 100,000) and $174.4 billion for large 
water systems (serving over 100,000). The needs of water 
systems serving Indian, Alaskan Native Village, and not-for-
profit water systems totals around $8.9 billion.
    With respect to sewer infrastructure, many areas face 
financial challenges when trying to address combined sewer 
overflows (CSOs) and sanitary sewer overflows (SSOs). Many 
systems have insufficient capacity to address wet weather 
conditions, and communities lack sufficient independent 
financing ability to fund needed capacity upgrades. AWIA 2018 
authorizes new sewer overflow control grants in order to assist 
with these types of urgent needs.
    The Committee heard testimony that our nation's ability to 
provide clean water and safe drinking water is challenged by 
deteriorating wastewater infrastructure that is in urgent need 
of repair, replacement, and upgrade. Witnesses recommended the 
following actions: financial support through grants; state 
revolving loan funds; innovative financing mechanisms; a 
different approach to determining the affordability of 
infrastructure investments; the use of funds for compliance 
assistance; and the use of integrated planning and green 
infrastructure to help make infrastructure more affordable. 
Witnesses also suggested targeted assistance to those most in 
need, including small, rural communities and tribal lands. As a 
result, the Committee incorporated these proposals into several 
provisions of AWIA 2018.
    Witnesses also supported innovative financing tools, such 
as those provided by WIFIA and SRF WIN Act. WIFIA was enacted 
as part of WRRDA 2014. It allows EPA to make secured loans for 
drinking water and wastewater infrastructure, desalination, 
water recycling, and aquifer recharge. The legislation also 
allows the Corps to make secured loans for flood control, 
navigation, and ecosystem restoration. It is important to note 
that the Corps has not yet implemented its own WIFIA program 
due to a lack of funding. As funded, EPA's WIFIA accelerates 
investment in our nation's infrastructure by providing long-
term, low-cost supplemental loans and has significant 
leveraging power. The Office of Management and Budget's fiscal 
year 2019 estimated subsidy rate for WIFIA suggests that every 
$1 of WIFIA budget authority, on average, enables the EPA to 
issue $102 in WIFIA loans (1:102 direct loan leverage ratio). 
SRF WIN utilizes this leveraging power by using WIFIA financing 
to capitalize the existing SRFs. This will allow states to 
finance thousands of existing and vetted water and wastewater 
infrastructure projects expeditiously. AWIA 2018 includes both 
of these financing tools.

Economic Benefits of Water Infrastructure Investment

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

Innovative Technology

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

                     Objectives of the Legislation

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

                      Section-by-Section Analysis


Sec. 1. Short title; table of contents

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

Sec. 2. Definition of Secretary

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

                      TITLE I--GENERAL PROVISIONS

Sec. 1001. Corps budgeting

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

Sec. 1002. National Academy studies

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

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

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

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

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

Sec. 1005. Non-Federal sponsor reimbursements

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

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

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

Sec. 1007. Cost estimates

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

Sec. 1008. Retroactive changes to cost-sharing agreements

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

Sec. 1009. Project partnership agreements

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

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

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

Sec. 1011. Feasibility studies for mitigation of storm damage

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

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

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

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

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

Sec. 1014. Implementation guidance

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

Sec. 1015. Implementation guidance for this Act

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

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

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

Sec. 1017. Corps capabilities

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

Sec. 1018. Project authorization funding lines

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

Sec. 1019. Consolidation of studies; report

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

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

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

Sec. 1021. Reports to Congress

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

Sec. 1022. Disposition studies

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

Sec. 1023. Natural infrastructure

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

Sec. 1024. Watercraft inspection stations

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

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

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

Sec. 1026. Project studies subject to independent peer review

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

Sec. 1027. Expedited consideration

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

Sec. 1028. WIFIA study

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

Sec. 1029. Enhanced development demonstration program

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

Sec. 1030. Duplication of efforts

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

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

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

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

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

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

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

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

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

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

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

Sec. 1036. Alterations to local flood control projects

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

Sec. 1037. Non-Federal construction

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

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

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

Sec. 1039. Mitigation bank credit release schedules

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

Sec. 1040. Innovative materials report

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

Sec. 1041. Updates to benefit-cost analysis

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

Sec. 1042. Local government water management plans

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

Sec. 1043. Access to real estate data

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

Sec. 1044. Advanced funds for discrete segments

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

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

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

Sec. 1046. Categorical exclusions

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

Sec. 1047. Geomatic data

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

Sec. 1048. Flexibility for projects

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

Sec. 1049. Credit in lieu of reimbursement

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

      TITLE II--STUDIES, MODIFICATIONS, AND PROJECT AUTHORIZATIONS

                          SUBTITLE A--STUDIES

Sec. 2001. Authorization of proposed feasibility studies

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

Sec. 2002. Lower Missouri River Bank stabilization and navigation

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

  SUBTITLE B--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS

Sec. 2101. Savannah Harbor expansion project

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

Sec. 2102. Deauthorization of Svensen Island

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

Sec. 2103. Whittier Narrows study

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

Sec. 2104. West Tennessee tributaries project, Tennessee

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

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

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

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

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

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

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

Sec. 2108. Boston Harbor reserved channel deauthorizations

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

Sec. 2109. Project deauthorization and study extensions

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

Sec. 2110. Deauthorization of inactive studies

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

Sec. 2111. Certain disposition studies

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

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

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

Sec. 2113. Kissimmee River restoration

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

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

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

               SUBTITLE C--WATER RESOURCES INFRASTRUCTURE

Sec. 2201. Project authorizations

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

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

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

Sec. 2203. Environmental infrastructure projects

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

Sec. 2204. Conditional reauthorization of environmental projects

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

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

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

Sec. 2206. Coastal Texas study

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

        SUBTITLE D--EXPEDITED AND MODIFIED STUDIES AND PROJECTS

Sec. 2301. Rahway River Basin flood risk management project

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

Sec. 2302. Hudson-Raritan Estuary Comprehensive Restoration Project

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

Sec. 2303. Certain projects in Rhode Island

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

Sec. 2304. Cedar River, Iowa

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

Sec. 2305. Plymouth Harbor, Massachusetts

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

Sec. 2306. Brandon Road study

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

Sec. 2307. Central Everglades Planning Project

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

Sec. 2308. Portsmouth Harbor and Piscataqua River

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

Sec. 2309. Blain Road footbridge, Thompson, Connecticut

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

Sec. 2310. Table Rock Lake, Arkansas and Missouri

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

Sec. 2311. McCook Reservoir, Illinois

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

Sec. 2312. Baptiste Collette Bayou study, Louisiana

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

Sec. 2313. Morganza to the Gulf, Louisiana

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

Sec. 2314. Louisiana Coastal Area

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

Sec. 2315. Louisiana Coastal Area-Barataria Basin Barrier

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

Sec. 2316. West Shore Lake Pontchartrain, Louisiana

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

Sec. 2317. Southwest Coastal Louisiana

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

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

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

Sec. 2319. Lower Brule shoreline stabilization project

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

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

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

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

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

Sec. 2322. Minnesota locks and dams divestment study

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

Sec. 2323. Houma Navigation Canal, Louisiana

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

            TITLE III--PRIMARY CORPS OF ENGINEERS ACTIVITIES

              SUBTITLE A--CONTINUING AUTHORITIES PROGRAMS

Sec. 3001. Corps of Engineers continuing authorities program

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

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

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

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

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

                         SUBTITLE B--NAVIGATION

                        PART I--Inland Waterways


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

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

Sec. 3102. McClellan-Kerr Arkansas River Navigation System

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

                       PART II--Ports and Harbors


Sec. 3111. Beach renourishment and shoreline protection demonstration 
        program

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

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

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

Sec. 3113. Mat sinking unit

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

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

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

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

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

Sec. 3116. Port of Arlington

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

Sec. 3117. Pearl River Basin demonstration program

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

Sec. 3118. Expedited initiation

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

Sec. 3119. Beneficial use of dredged sediment

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

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

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

                   PART III--Miscellaneous Provisions


Sec. 3121. Report on debris removal

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

Sec. 3122. Cape Arundel Disposal Site, Maine

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

Sec. 3123. Delaware River navigation project

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

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

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

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

Sec. 3201. Certain levee improvements

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

Sec. 3202. Rehabilitation of Corps of Engineers constructed dams

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

Sec. 3203. Non-Federal dams

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

Sec. 3204. Reauthorization of National Dam Safety Program Act

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

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

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

Sec. 3206. Reauthorization of national levee safety program

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

Sec. 3207. Reauthorization of lock operations pilot program

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

Sec. 3208. Restricted areas at Corps of Engineers dams

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

Sec. 3209. Certain Bureau of Reclamation dikes

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

Sec. 3210. Rehabilitation of high hazard potential dams

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

Sec. 3211. Maintenance of high risk flood control projects

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

                        SUBTITLE D--WATER SUPPLY

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

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

Sec. 3302. Pricing of water storage contracts

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

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

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

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

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

Sec. 3305. City reservoir expansion pilot program

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

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

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

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

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

                    SUBTITLE E--SEDIMENT MANAGEMENT

Sec. 3401. Missouri River reservoir sediment management

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

Sec. 3402. Reservoir sediment

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

Sec. 3403. Regional sediment management

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

                   SUBTITLE F--FLOOD RISK MANAGEMENT

Sec. 3501. Ice jam prevention and mitigation

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 3603. Sense of Congress on emergency management assistance

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

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

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

Sec. 3605. Great Lakes Restoration Initiative

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

Sec. 3606. Great Lakes Coastal Resiliency study

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

Sec. 3607. Special rule for beach nourishment

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

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

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

Sec. 3609. Snake River Basin flood prevention action plan

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

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

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

Sec. 3611. Middle Rio Grande peak flow restoration

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

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

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

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

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

Sec. 3614. Report on Corps of Engineers activities

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

                  SUBTITLE H--ENVIRONMENTAL MANAGEMENT

Sec. 3701. Reauthorization of Rio Grande environmental management 
        program

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

Sec. 3702. Amendments to Long Island Sound programs

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

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

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

                      SUBTITLE I--TRIBAL PROGRAMS

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

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

Sec. 3802. Tribal Partnership Program

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

Sec. 3803. Blackfeet water rights settlement

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

Sec. 3804. Bonneville Dam, Oregon

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

Sec. 3805. John Day Dam, Oregon

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

Sec. 3806. Dalles Dam, Oregon

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

Sec. 3807. Indian irrigation fund reauthorization

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

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

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

Sec. 3809. Indian dam safety reauthorization

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

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

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

Sec. 3811. References to Indian tribes

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

        TITLE IV--SENSE OF CONGRESS RELATING TO CERTAIN PROJECTS

Sec. 4001. Sense of Congress relating to certain projects

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

                    TITLE V--EPA RELATED PROVISIONS

Sec. 5001. Stormwater infrastructure funding task force

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

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

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

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

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

Sec. 5004. Technical assistance for treatment works

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

Sec. 5005. Clean, safe, reliable water infrastructure

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

Sec. 5006. Water infrastructure flexibility

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

Sec. 5007. Water Resources Research Act amendments

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

Sec. 5008. Study on intractable water systems

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

Sec. 5009. National onsite wastewater recycling

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

Sec. 5010. Water infrastructure and workforce investment

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

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

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

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

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

Sec. 5013. American iron and steel products

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

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

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

Sec. 5015. Innovative financing for State loan funds

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

Sec. 5016. Water infrastructure resiliency and sustainability

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

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

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

                          Legislative History

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

                                Hearings

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

                             Rollcall Votes

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

Amendments approved

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

Final Committee vote to report

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

                      Regulatory Impact Statement

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

                          Mandates Assessment

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

                          Cost of Legislation

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 28, 2018.
Hon. John Barrasso,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2800, the America's 
Water Infrastructure Act of 2018.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Aurora 
Swanson.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

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

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

                                                Table 1.--ESTIMATED BUDGETARY EFFECTS OF S. 2800, THE AMERICA'S WATER INFRASTRUCTURE ACT OF 2018
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                              By fiscal year, in millions of dollars--
                                                                   -----------------------------------------------------------------------------------------------------------------------------
                                                                     2019    2020      2021       2022       2023       2024       2025       2026       2027       2028    2019-2023  2019-2028
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Estimated Authorization Level.....................................   1,051   1,560      1,305        575        573        550        538        467        429        433      5,064      7,481
Estimated Outlays.................................................     493     985      1,247        909        816        532        525        494        453        432      4,450      6,886
 
                                                                                  INCREASES IN DIRECT SPENDING
 
Estimated Budget Authority........................................       4       1          1          1          1        114        120        114         39          1          7        394
Estimated Outlays.................................................       9       6          6          6          6        119         88        114         39          1         33        394
 
                                                                                      DECREASES IN REVENUES
 
Estimated Revenues................................................     -12     -68       -167       -262       -331       -360       -359       -356       -352       -348       -840     -2,615
 
                                                              NET INCREASE IN DEFICITS FROM CHANGES IN DIRECT SPENDING AND REVENUES
 
Estimated Effect on the Deficit...................................      21      74        173        268        337        479        447        470        391        349        873      3,009
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Amounts may not sum to totals because of rounding;
The estimate does not include changes in the timing of discretionary spending from implementing section 3803. The provision would make a portion of funds authorized to be appropriated for the
  Blackfeet Water Rights Settlement available to tribes earlier than under current law. The provision would not affect authorization levels but it would authorize more discretionary spending
  earlier in the period and less in later years. Those effects on spending would net to zero over 10 years. The direct spending effects of section 3803 are described under the heading
  ``Blackfeet Water Rights Settlement''.

    Basis of estimate: For this estimate, CBO assumes that S. 
2800 will be enacted near the end of 2018 and that the 
authorized and necessary amounts will be appropriated for each 
fiscal year. Estimates of amounts necessary to implement the 
bill are based on information from the Corps, EPA, and other 
agencies; estimated outlays are based on historical spending 
patterns for similar projects and programs. Major components of 
the estimated costs are described below.

Spending Subject to Appropriation

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

               Table 2.--ESTIMATED EFFECTS ON SPENDING SUBJECT TO APPROPRIATION OF S. 2800, THE AMERICA'S WATER INFRASTRUCTURE ACT OF 2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      By fiscal year, in millions of dollars--
                                                          ----------------------------------------------------------------------------------------------
                                                            2019    2020    2021    2022   2023   2024   2025   2026   2027   2028  2019-2023  2019-2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
EPA Assistance for Water Infrastructure and Conservation
 Programs:
    Authorization Level..................................     773     928     619      0      0      0      0      0      0      0     2,319      2,319
    Estimated Outlays....................................     364     602     711    377    266      0      0      0      0      0     2,319      2,319
Corps--Water Resources Infrastructure:
    Estimated Authorization Level........................      17     161     194    268    270    260    263    191    183    187       911      1,994
    Estimated Outlays....................................       7      70     128    191    234    245    250    221    196    185       630      1,727
Continuing Authorities and Other Programs:
    Authorization Level..................................     163     288     313    198    198    163    153    153    153    153     1,158      1,930
    Estimated Outlays....................................      66     194     262    209    197    168    155    150    147    146       928      1,694
Dam and Levee Safety:
    Authorization Level..................................      30     123     123     30     30     30     30     30      0      0       336        426
    Estimated Outlays....................................      12      57      89     71     51     39     32     30     17      8       280        405
Indian Irrigation and Dam Safety:
    Estimated Authorization Level........................       0       0       0     35     36     69     70     70     71     71        71        422
    Estimated Outlays....................................       0       0       0     18     27     51     62     69     71     71        45        367
Studies and Other Provisions:
    Estimated Authorization Level........................      68      61      57     44     39     29     23     23     23     23       269        390
    Estimated Outlays....................................      45      62      57     44     40     29     26     24     23     23       248        374
    Total Costs:
        Estimated Authorization Level....................   1,051   1,560   1,305    575    573    550    538    467    429    433     5,064      7,481
        Estimated Outlays................................     493     985   1,247    909    816    532    525    494    453    432     4,450      6,886
--------------------------------------------------------------------------------------------------------------------------------------------------------
Amounts may not sum to totals because of rounding.
EPA = Environmental Protection Agency
Corps = U.S. Army Corps of Engineers

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

Direct Spending

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

                  Table 3.--ESTIMATED EFFECT ON DIRECT SPENDING AND REVENUES OF S. 2800, THE AMERICA'S WATER INFRASTRUCTURE ACT OF 2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          By fiscal year, in millions of dollars--
                                   ---------------------------------------------------------------------------------------------------------------------
                                     2019    2020     2021      2022      2023      2024      2025      2026      2027      2028    2019-2023  2019-2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              INCREASES IN DIRECT SPENDING
 
Nonfederal Reimbursements for
 Constructed Projects:
    Estimated Budget Authority....       0       0         0         0         0       113       113       113        38         0          0        378
    Estimated Outlays.............       0       0         0         0         0       113       113       113        38         0          0        378
Blackfeet Water Rights Settlement:
    Estimated Budget Authority....       0       0         0         0         0         0         0         0         0         0          0          0
    Estimated Outlays.............       5       5         5         5         5         5       -32         0         0         0         27          0
Credit for the Kissimmee River
 Restoration:
    Estimated Budget Authority....       0       0         0         0         0         0         6         0         0         0          0          6
    Estimated Outlays.............       0       0         0         0         0         0         6         0         0         0          0          6
Other Provisions:
    Estimated Budget Authority....       4       1         1         1         1         1         1         1         1         1          7         11
    Estimated Outlays.............       4       1         1         1         1         1         1         1         1         1          7         11
    Total Costs:
        Estimated Budget Authority       4       1         1         1         1       114       120       114        39         1          7        394
        Estimated Outlays.........       9       6         6         6         6       119        88       114        39         1         33        394
 
                                                                  DECREASES IN REVENUES
 
Estimated Revenues................     -12     -68      -167      -262      -331      -360      -359      -356      -352      -348       -840     -2,615
 
                                          NET INCREASE IN DEFICITS FROM CHANGES IN DIRECT SPENDING AND REVENUES
 
Estimated Effect on the Deficit...      21      74       173       268       337       479       447       470       391       349        873      3,009
--------------------------------------------------------------------------------------------------------------------------------------------------------
Amounts may not sum to totals because of rounding.

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

Revenues

    JCT expects that some of the funds authorized to be 
appropriated in S. 2800 for loans to State Revolving Funds and 
eligible entities under the WIFIA program would be used by 
state and local governments to leverage additional funds by 
issuing tax-exempt bonds. JCT estimates that the issuance of 
additional tax-exempt bonds would reduce federal revenues by 
about $2.6 billion over the 2019-2028 period.
    Uncertainty: The amount of federal spending on the projects 
authorized in S. 2800 over the next 10 years is uncertain and 
depends on when these large and complex projects would be 
started and how long it would take to complete them. 
Specifically, factors affecting uncertainty include when funds 
would be appropriated for each authorized projects and the 
possibility of unforeseen events such as natural disasters and 
changing circumstances of the nonfederal sponsors. CBO used 
historical data as well as information from the agencies to 
make judgments about when projects would be undertaken, how 
long they would take to complete, and what the resulting 
impacts on the federal budget would be. Actual spending could 
be higher or lower than those estimates.
    CBO's estimates of federal spending for S. 2800 are also 
uncertain because the effect of a provision that would require 
certain nonfederal project sponsors to be reimbursed is unclear 
and would depend on future decisions made by those nonfederal 
sponsors. CBO used a probabilistic approach to estimate the 
federal costs that would result from enacting those provisions 
to reflect the uncertain outcome of potential litigation and 
the possible budget impacts of such outcomes on the federal 
budget. See page 10 for more information on this provision.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays and revenues that are 
subject to those pay-as-you-go procedures are shown in the 
following table.

                          CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 2800 AS ORDERED REPORTED BY THE SENATE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ON MAY 22, 2018
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                              By fiscal year, in millions of dollars--
                                                                   -----------------------------------------------------------------------------------------------------------------------------
                                                                     2018    2019    2020     2021      2022      2023      2024      2025      2026      2027      2028    2018-2023  2018-2028
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                   NET INCREASE IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact....................................       0      21      74       173       268       337       479       447       470       391       349        873      3,009
Memorandum:
    Change in Outlays.............................................       0       9       6         6         6         6       119        88       114        39         1         33        394
    Change in Revenues............................................       0     -12     -68      -167      -262      -331      -360      -359      -356      -352      -348       -840     -2,615
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sources: Congressional Budget Office and the staff of the Joint Committee on Taxation.

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

                        Changes in Existing Law

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

           *       *       *       *       *       *       *


WATER RESOURCES DEVELOPMENT ACT OF 1976

           *       *       *       *       *       *       *



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

  (a) In General.-- * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


WATER RESOURCES DEVELOPMENT ACT OF 1986

           *       *       *       *       *       *       *



                         TITLE I--COST SHARING


SEC. 101. HARBORS.

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

           *       *       *       *       *       *       *


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

      (a) Feasibility Studies.--
          (1) Cost sharing.--
                  (A) In general.--[The Secretary] Except as 
                provided in subparagraph (F), the Secretary 
                shall not initiate any feasibility study for a 
                water resources project after November 17, 
                1986, until appropriate non-Federal interests 
                agree, by contract, to contribute 50 percent of 
                the cost of the study.
                  (E) In-kind contributions.-- * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


                      TITLE II--HARBOR DEVELOPMENT


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

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


             TITLE XI--MISCELLANEOUS PROGRAMS AND PROJECTS


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

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


SEC. 1135. PROJECT MODIFICATIONS FOR IMPROVEMENT OF ENVIRONMENT.

  (a) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

  (g) Nonprofit Entities.-- * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


WATER RESOURCES DEVELOPMENT ACT OF 1992

           *       *       *       *       *       *       *



SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

           *       *       *       *       *       *       *


               TITLE II--GENERALLY APPLICABLE PROVISIONS


SEC. 204. REGIONAL SEDIMENT MANAGEMENT.

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

          (3) Special rule.-- * * *

           *       *       *       *       *       *       *

          (4) Disposal at non-federal cost.--The Secretary or 
        the Commissioner, as applicable, may accept funds from 
        a non-Federal interest to dispose of dredged material 
        as provided under section 103(d)(1) of the Water 
        Resources Development Act of 1986 (33 U.S.C. 
        2213(d)(1)).

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


SEC. 219. ENVIRONMENTAL INFRASTRUCTURE.

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


SEC. 225

  (a) In General.-- * * *

           *       *       *       *       *       *       *

  (c) User Fees.--
          (1) Collection of fees.--
                  (A) In general.--The Secretary may allow a 
                [non-Federal public entity] non-Federal public 
                or private entity that has entered into an 
                agreement pursuant to subsection (b) to collect 
                user fees for the use of developed recreation 
                sites and facilities, whether developed or 
                constructed by that entity or the Department of 
                the Army.
                  (B) Use of visitor reservation services.--A 
                [non-Federal public entity] non-Federal public 
                or private entity described in subparagraph (A) 
                may use, to manage fee collections and 
                reservations under this section, any visitor 
                reservation service that the Secretary has 
                provided for by contract or interagency 
                agreement, subject to such terms and conditions 
                as the Secretary determines to be appropriate.
          (2) Use of fees.--A [non-Federal public entity] non-
        Federal public or private entity that collects user 
        fees under paragraph (1)--
                  (A) * * *

           *       *       *       *       *       *       *

          (3) Terms and conditions.--The authority of a [non-
        Federal public entity] non-Federal public or private 
        entity under this subsection shall be subject to such 
        terms and conditions as the Secretary determines 
        necessary to protect the interests of the United 
        States.
          (4) Treatment.--In carrying out this subsection, the 
        Secretary shall ensure that a private entity is subject 
        to the same regulations and requirements as a non-
        Federal public entity.

           *       *       *       *       *       *       *


WATER RESOURCES DEVELOPMENT ACT OF 1996

           *       *       *       *       *       *       *



                      TITLE II--GENERAL PROVISIONS


SEC. 206. AQUATIC ECOSYSTEM RESTORATION.

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


                WATER RESOURCES DEVELOPMENT ACT OF 2000


TITLE II--GENERAL PROVISIONS

           *       *       *       *       *       *       *



SEC. 203. TRIBAL PARTNERSHIP PROGRAM.

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


WATER RESOURCES DEVELOPMENT ACT OF 2007

           *       *       *       *       *       *       *



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

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

           *       *       *       *       *       *       *


                      TITLE II--GENERAL PROVISIONS


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

  (a) Federal Allocation.-- * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


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

  (a) Definitions.-- * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


                         TITLE V--MISCELLANEOUS


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

  (a) Definitions.--* * *

           *       *       *       *       *       *       *

  (f) Authorization of Appropriations.--There is authorized to 
be appropriated to the Secretary to carry out this section 
$15,000,000 for [each of fiscal years 2008 through 2019] each 
of fiscal years 2008 through 2021.

           *       *       *       *       *       *       *


                TITLE IX--NATIONAL LEVEE SAFETY PROGRAM


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

  (a) Establishment.-- * * *

           *       *       *       *       *       *       *

  (c) Levee Safety Guidelines.--
          (1) Establishment.-- * * *

           *       *       *       *       *       *       *

          (5) Public comment.-- * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

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

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


WATER RESOURCES REFORM AND DEVELOPMENT ACT OF 2014

           *       *       *       *       *       *       *



SEC 1. SHORT TITLE; TABLE OF CONTENTS.

           *       *       *       *       *       *       *


                TITLE V--WATER INFRASTRUCTURE FINANCING


            [Subtitle C--Innovative Financing Pilot Projects]

                Subtitle C--Innovative Financing Projects

[Sec. 5034. Reports on pilot program implementation.]
Sec. 5034. Reports on program implementation.
Sec. 5036. Innovative financing for State loan funds.

               TITLE I--PROGRAM REFORMS AND STREAMLINING

  (a) * * *

           *       *       *       *       *       *       *


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

  (a) In General.-- * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


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

  (a) In General.-- * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

                  (B) Update.--Not later than 5 years after the 
                date of enactment of this Act and not later 
                than 3 years after the date of enactment of the 
                America's Water Infrastructure Act of 2018, the 
                Secretary shall submit to the Committee on 
                Environment and Public Works of the Senate and 
                the Committee on Transportation and 
                Infrastructure of the House of Representatives 
                an update of the report described in 
                subparagraph (A).

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

                  (B) Update.--Not later than 5 years after the 
                date of enactment of this Act and not later 
                than 3 years after the date of enactment of the 
                America's Water Infrastructure Act of 2018, the 
                Secretary shall submit to the Committee on 
                Environment and Public Works of the Senate and 
                the Committee on Transportation and 
                Infrastructure of the House of Representatives 
                an update of the report described in 
                subparagraph (A).

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


                TITLE IV--RIVER BASINS AND COASTAL AREAS

SEC. 4003. MISSOURI RIVER.

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


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

  (a) In General.-- * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


                TITLE V--WATER INFRASTRUCTURE FINANCING

           [Subtitle C--Innovative Financing Pilot Projects]

Subtitle C--Innovative Financing Projects

           *       *       *       *       *       *       *


            TITLE VI--DEAUTHORIZATION AND BACKLOG PREVENTION

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

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

           *       *       *       *       *       *       *


               TITLE VII--WATER RESOURCES INFRASTRUCTURE

SEC. 7002. AUTHORIZATION OF FINAL FEASIBILITY STUDIES.

           *       *       *       *       *       *       *


          (1) Navigation.--


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

                                              

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

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


                       FLOOD CONTROL ACT OF 1936

(33 U.S.C. 701H)

           *       *       *       *       *       *       *


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

    The Secretary of the Army is authorized to receive from 
States and political subdivisions thereof and other non-Federal 
interests, such funds as may be contributed by them for work, 
which includes planning and design, to be expended in 
connection with funds appropriated by the United States for any 
authorized water resources development study or project, 
including a project for navigation on the inland waterways, 
whenever such work and expenditure may be considered by the 
Secretary of the Army, on recommendation of the Chief of 
Engineers, as advantageous in the public interest, and the 
plans for any reservoir project may, in the discretion of the 
Secretary of the Army, on recommendation of the Chief of 
Engineers, be modified to provide additional storage capacity 
for domestic water supply or other conservation storage, on 
condition that the cost of such increased storage capacity is 
contributed by local agencies and that the local agencies agree 
to utilize such additional storage capacity in a manner 
consistent with Federal uses and purposes: Provided, That the 
Secretary is authorized to receive and expend funds from a 
State or a political subdivision thereof, and other non-Federal 
interests or private entities, to operate a hurricane barrier 
project to support recreational activities at or in the 
vicinity of the project, at no cost to the Federal Government, 
if the Secretary determines that operation for such purpose is 
not inconsistent with the operation and maintenance of the 
project for the authorized purposes of the project Provided 
further, That the Secretary is authorized to receive and expend 
funds from a State or a political subdivision of a State, 
another non-Federal interest, or an owner of a non-Federal 
reservoir to formulate, review, or revise operational documents 
for any non-Federal reservoir for which the Secretary is 
authorized to prescribe regulations for the use of storage 
allocated for flood control or navigation pursuant to section 7 
of the Act of December 22, 1944 (58 Stat. 890, chapter 665; 33 
U.S.C. 709):

           *       *       *       *       *       *       *


FLOOD CONTROL ACT OF 1941

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *


  (2) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

  [(3)] (4) * * *

           *       *       *       *       *       *       *

  (e) Notice.-- * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


FLOOD CONTROL ACT OF 1944

           *       *       *       *       *       *       *


SEC. 2. * * *

           *       *       *       *       *       *       *


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

SEC. 7. WATER STORAGE.

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

           *       *       *       *       *       *       *


                       FLOOD CONTROL ACT OF 1946

(33 U.S.C. 701R)

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


FLOOD CONTROL ACT OF 1948

           *       *       *       *       *       *       *


SEC. 205. [33 USC 701S]

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

           *       *       *       *       *       *       *


FLOOD CONTROL ACT OF 1970

           *       *       *       *       *       *       *


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

  (a) Cooperation of Non-Federal Interest.-- * * *

           *       *       *       *       *       *       *

  (b) Definition of Non-Federal Interest.--The term ``non-
Federal interest'' means--
          (1) a legally constituted public body [(including a 
        federally recognized Indian tribe); or] (including an 
        Indian tribe and tribal organization (as those terms 
        are defined in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        5304)); or

           *       *       *       *       *       *       *


                        ACT OF OCTOBER 15, 1940

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

           *       *       *       *       *       *       *


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

  [Whenever any]
  (a) In General.--Whenever any State or political subdivision 
thereof shall offer to advance funds for [a flood-control 
project duly adopted and authorized by law] an authorized water 
resources development study or project, the Secretary of the 
Army may in his discretion, receive such funds and expend the 
same in the immediate prosecution of [such work] such study or 
project. [The Secretary of the Army]
  (b) Repayment.--The Secretary of the Army is authorized and 
directed to repay without interest, [from appropriations which 
may be provided by Congress for flood-control work] if specific 
appropriations are provided by Congress for such purposek, the 
moneys so contributed and expended: Provided, however, That no 
repayment of funds which may be contributed for the purpose of 
meeting any conditions of local cooperation imposed by 
Congress, or under the authority of section 701h of this title, 
shall be made.
  (c) Authorization of Appropriations.--There is authorized to 
be appropriated to the Secretary to provide repayment under 
subsection (b) $50,000,000 for each of fiscal years 2020 and 
2021.
  (d) Definition of State.--In this section, the term `State' 
means--
          (1) a State;
          (2) the District of Columbia;
          (3) the Commonwealth of Puerto Rico;
          (4) any other territory or possession of the United 
        States; and
          (5) a federally recognized Indian tribe or a tribal 
        organization (as defined in section 4 of the Indian 
        Self-Determination and Education Assistance Act (25 
        U.S.C. 5304)).

           *       *       *       *       *       *       *


ACT OF AUGUST 13, 1946

           *       *       *       *       *       *       *


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

  (a) * * *

           *       *       *       *       *       *       *

  (c) Authorization of Appropriations.--
          (1) In general.--Subject to paragraph (2), the 
        Secretary may expend, from any appropriations made 
        available to the Secretary for the purpose of carrying 
        out civil works, not more than [$30,000,000] 
        $45,000,000 during any fiscal year to pay the Federal 
        share of the costs of construction of small shore and 
        beach restoration and protection projects or small 
        projects under this section.
          (2) Limitation.--The total amount expended for a 
        project under this section shall--
                  (A) be sufficient to pay the cost of Federal 
                participation in the project (including 
                periodic nourishment as provided for under the 
                first section of this Act), as determined by 
                the Secretary; and
                  (B) be not more than [$10,000,000] 
                $15,000,000.

           *       *       *       *       *       *       *


WATER INFRASTRUCTURE IMPROVEMENTS FOR THE NATION ACT

           *       *       *       *       *       *       *


                  TITLE I--WATER RESOURCES DEVELOPMENT

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

  (a) Short Title.-- * * *

           *       *       *       *       *       *       *


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

  (a) In general.-- * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


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

  (a) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


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

  (a) In general.-- * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


SEC. 1178. COLUMBIA RIVER.

  (a) Ecosystem restoration.-- * * *

           *       *       *       *       *       *       *

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

SEC. 1179. MISSOURI RIVER.

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

           *       *       *       *       *       *       *

          (3) Plan elements.-- * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


                          Subtitle B--Studies

SEC. 1322. EXPEDITED CONSIDERATION.

  (a) In general.-- * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


                      TITLE III--NATURAL RESOURCES

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

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

  (c) Repair, Replacement, and Maintenance of Certain Indian 
Dams.--
          (1) Program establishment.--
                  (A) In general.-- * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


SEC. 3212. DEPOSITS TO FUND.

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

           *       *       *       *       *       *       *


SEC. 3213. EXPENDITURES FROM FUND.

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

           *       *       *       *       *       *       *


SEC. 3216. TERMINATION.

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

           *       *       *       *       *       *       *


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

  (a) In general.-- * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


SEC. 3226. ALLOCATION AMONG PROJECTS.

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

           *       *       *       *       *       *       *


             Subtitle G--Blackfeet Water Rights Settlement

SEC. 3718. AUTHORIZATION OF APPROPRIATIONS.

  (a) In general.-- * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


SEC. 3720. WAIVERS AND RELEASES OF CLAIMS.

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

           *       *       *       *       *       *       *

          (3) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


RIVER AND HARBOR ACT OF 1958

           *       *       *       *       *       *       *


                      TITLE I--RIVERS AND HARBORS

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


THE RIVER AND HARBOR ACT OF 1960

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *


RIVER AND HARBOR ACT OF 1968

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *

  (c) Requirement for Specific Authorization.--No such project 
shall be initiated without specific authorization by Congress 
if the Federal first cost exceeds [$10,000,000] $15,000,000.

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


 ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2014

Consolidated Appropriations Act, 2014

           *       *       *       *       *       *       *


SEC 1. SHORT TITLE.

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

           *       *       *       *       *       *       *


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

SEC. 113.

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

           *       *       *       *       *       *       *


NATIONAL DAM SAFETY PROGRAM ACT

           *       *       *       *       *       *       *


SEC. 3. INSPECTION OF DAMS.

  (a) In General.-- * * *

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *

  [(e) Floodplain Management Plans.--
          [(1) In general.--As a condition of receipt of 
        assistance under this section, the non-Federal sponsor 
        shall demonstrate that a floodplain management plan to 
        reduce the impacts of future flood events in the area 
        protected by the project--
                  [(A) is in place; or
                  [(B) will be--
                          [(i) developed not later than 1 year 
                        after the date of execution of a 
                        project agreement for assistance under 
                        this section; and
                          [(ii) implemented not later than 1 
                        year after the date of completion of 
                        construction of the project.
          [(2) Inclusions.--A plan under paragraph (1) shall 
        address--
                  [(A) potential measures, practices, and 
                policies to reduce loss of life, injuries, 
                damage to property and facilities, public 
                expenditures, and other adverse impacts of 
                flooding in the area protected by the project;
                  [(B) plans for flood fighting and evacuation; 
                and
                  [(C) public education and awareness of flood 
                risks.
          [(3) Technical support.--The Administrator may 
        provide technical support for the development and 
        implementation of floodplain management plans prepared 
        under this subsection.]
  (e) Emergency Action Plans.--
          (1) In general.--As a condition of receipt of 
        assistance under this section, the non-Federal sponsor 
        shall demonstrate that an emergency action plan is in 
        place to protect the safety of persons and property in 
        the area potentially affected by a breach of the dam.
          (2) Inclusions.--An emergency action plan under 
        paragraph (1) shall address--
                  (A) incident detection, evaluation, and 
                emergency level determination;
                  (B) notification and communication;
                  (C) emergency actions;
                  (D) termination and follow-up; and
                  (E) public education and awareness of the 
                emergency action plan.

           *       *       *       *       *       *       *


SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

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

           *       *       *       *       *       *       *


FREEDOM TO FISH ACT

           *       *       *       *       *       *       *


SEC 1. SHORT TITLE.

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

  (c) Establishing New or Modified Restricted Area * * *

           *       *       *       *       *       *       *

          (1)  * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


GREAT LAKES FISH AND WILDLIFE RESTORATION ACT OF 1990

           *       *       *       *       *       *       *


           TITLE I--GREAT LAKES FISH AND WILDLIFE RESTORATION

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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


FEDERAL WATER POLLUTION CONTROL ACT

           *       *       *       *       *       *       *


                 TITLE I--RESEARCH AND RELATED PROGRAMS

SEC. 101. (A) * * *

           *       *       *       *       *       *       *


SEC. 118. GREAT LAKES.

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

           *       *       *       *       *       *       *

  (c) Great Lakes Management.--
          (1) Functions.-- * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

                  (J) Funding.--
                          [(i) In general.-- There is 
                        authorized to be appropriated to carry 
                        out this paragraph $300,000,000 for 
                        each of fiscal years 2017 through 
                        2021.]
                          (i) In general.--There are authorized 
                        to be appropriated to carry out this 
                        paragraph--
                                  (I) $330,000,000 for fiscal 
                                year 2019;
                                  (II) $360,000,000 for fiscal 
                                year 2020; and
                                  (III) $390,000,000 for fiscal 
                                year 2021.

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *


  [(b) Administration and Staffing of Office.--The Office 
shall]
  (b) Office.--
          (1) Establishment.--The Administrator shall--
                  (A) continue to carry out the conference 
                study; and
                  (B) establish an office, to be located on or 
                near Long Island Sound.
          (2) Administration and staffing.--The Office shall be 
        headed by a Director, who shall be detailed by the 
        Administrator, following consultation with the 
        Administrators of EPA regions I and II, from among the 
        employees of the Agency who are in civil service. The 
        Administrator shall delegate to the Director such 
        authority and detail such additional staff as may be 
        necessary to carry out the duties of the Director under 
        this section.
  (c) Duties of the Office.--The Office shall assist the 
[Management Conference of the Long Island Sound Study] 
conference study in carrying out its goals. Specifically, the 
Office shall--

           *       *       *       *       *       *       *

          (2) * * *

           *       *       *       *       *       *       *

                  (A) population growth and the adequacy of 
                wastewater treatment facilities[,] ;
                  (B) the use of biological methods for 
                nutrient removal in sewage treatment plants[,] 
                ;
                  (C) contaminated sediments, and dredging 
                activities[,] ;
                  (D) nonpoint source pollution abatement and 
                land use activities in the Long Island Sound 
                watershed,
                  (E) wetland protection and restoration[,] ;
                  (F) atmospheric deposition of acidic and 
                other pollutants into Long Island Sound[,] ;
                  (G) water quality requirements to sustain 
                fish, shellfish, and wildlife populations, and 
                the use of indicator species to assess 
                environmental quality[,] ;]
                  (H) State water quality programs, for their 
                adequacy pursuant to implementation of the 
                Comprehensive Conservation and Management 
                Plan[, and] ;
                  (I) options for long-term financing of 
                wastewater treatment projects and water 
                pollution control programs[.] ;
                  (J) environmental impacts on the Long Island 
                Sound watershed, including--
                          (i) the identification and assessment 
                        of vulnerabilities in the watershed;
                          (ii) the development and 
                        implementation of adaptation strategies 
                        to reduce those vulnerabilities; and
                          (iii) the identification and 
                        assessment of the impacts of sea level 
                        rise on water quality, habitat, and 
                        infrastructure; and
                  (K) planning initiatives for Long Island 
                Sound that identify the areas that are most 
                suitable for various types or classes of 
                activities in order to reduce conflicts among 
                uses, reduce adverse environmental impacts, 
                facilitate compatible uses, or preserve 
                critical ecosystem services to meet economic, 
                environmental, security, or social objectives;

           *       *       *       *       *       *       *

          [(4) coordinate activities and implementation 
        responsibilities with other Federal agencies which have 
        jurisdiction over Long Island Sound and with national 
        and regional marine monitoring and research programs 
        established pursuant to the Marine Protection, 
        Research, and Sanctuaries Act;]
          (4) develop and implement strategies to increase 
        public education and awareness with respect to the 
        ecological health and water quality conditions of Long 
        Island Sound;
          (5) provide administrative and technical support to 
        the conference study;
          (6) collect and make available to the public 
        (including on the Internet) publications, and other 
        forms of information the conference study determines to 
        be appropriate, relating to the environmental quality 
        of Long Island Sound;
          [(7) not more than two years after the date of the 
        issuance of the final Comprehensive Conservation and 
        Management Plan for Long Island Sound under section 320 
        of this Act, and biennially thereafter, issue a report 
        to the Congress which--]
          (7) monitor the progress made toward meeting the 
        identified goals, actions, and schedules of the 
        Comprehensive Conservation and Management Plan, 
        including through the implementation and support of a 
        monitoring system for the ecological health and water 
        quality conditions of Long Island Sound; and

           *       *       *       *       *       *       *

  (d) Grants.-- * * *

           *       *       *       *       *       *       *

  (3) Citizen involvement and citizen education grants under 
this subsection shall not exceed 95 per centum of the costs of 
such work. All other grants under this subsection shall not 
exceed [50 per centum] 60 percent of the research, studies, or 
work. All grants shall be made on the condition that the non-
Federal share of such costs are provided from non-Federal 
sources.

           *       *       *       *       *       *       *

  (e) Assistance to Distressed Communities.-- * * *

           *       *       *       *       *       *       *

  (f) Report.--
          (1) In general.--Not later than 2 years after the 
        date of enactment of the America's Water Infrastructure 
        Act of 2018, and biennially thereafter, the Director of 
        the Office, in consultation with the Governor of each 
        Long Island Sound State, shall submit to Congress a 
        report that--
                  (A) summarizes and assesses the progress made 
                by the Office and the Long Island Sound States 
                in implementing the Long Island Sound 
                Comprehensive Conservation and Management Plan, 
                including an assessment of the progress made 
                toward meeting the performance goals and 
                milestones contained in the Plan;
                  (B) assesses the key ecological attributes 
                that reflect the health of the ecosystem of the 
                Long Island Sound watershed;
                  (C) describes any substantive modifications 
                to the Long Island Sound Comprehensive 
                Conservation and Management Plan made during 
                the 2-year period preceding the date of 
                submission of the report;
                  (D) provides specific recommendations to 
                improve progress in restoring and protecting 
                the Long Island Sound watershed, including, as 
                appropriate, proposed modifications to the Long 
                Island Sound Comprehensive Conservation and 
                Management Plan;
                  (E) identifies priority actions for 
                implementation of the Long Island Sound 
                Comprehensive Conservation and Management Plan 
                for the 2-year period following the date of 
                submission of the report; and
                  (F) describes the means by which Federal 
                funding and actions will be coordinated with 
                the actions of the Long Island Sound States and 
                other entities.
          (2) Public availability.--The Administrator shall 
        make the report described in paragraph (1) available to 
        the public, including on the Internet.
  (g) Annual Budget Plan.--The President shall submit, together 
with the annual budget of the United States Government 
submitted under section 1105(a) of title 31, United States 
Code, information regarding each Federal department and agency 
involved in the protection and restoration of the Long Island 
Sound watershed, including--
          (1) an interagency crosscut budget that displays for 
        each department and agency--
                  (A) the amount obligated during the preceding 
                fiscal year for protection and restoration 
                projects and studies relating to the watershed;
                  (B) the estimated budget for the current 
                fiscal year for protection and restoration 
                projects and studies relating to the watershed; 
                and
                  (C) the proposed budget for succeeding fiscal 
                years for protection and restoration projects 
                and studies relating to the watershed; and
          (2) a summary of any proposed modifications to the 
        Long Island Sound Comprehensive Conservation and 
        Management Plan for the following fiscal year.
  (h) Federal Entities.--
          (1) Coordination.--The Administrator shall coordinate 
        the actions of all Federal departments and agencies 
        that impact water quality in the Long Island Sound 
        watershed in order to improve the water quality and 
        living resources of the watershed.
          (2) Methods.--In carrying out this section, the 
        Administrator, acting through the Director of the 
        Office, may--
                  (A) enter into interagency agreements; and
                  (B) make intergovernmental personnel 
                appointments.
          (3) Federal participation in watershed planning.--A 
        Federal department or agency that owns or occupies real 
        property, or carries out activities, within the Long 
        Island Sound watershed shall participate in regional 
        and subwatershed planning, protection, and restoration 
        activities with respect to the watershed.
          (4) Consistency with comprehensive conservation and 
        management plan.--To the maximum extent practicable, 
        the head of each Federal department and agency that 
        owns or occupies real property, or carries out 
        activities, within the Long Island Sound watershed 
        shall ensure that the property and all activities 
        carried out by the department or agency are consistent 
        with the Long Island Sound Comprehensive Conservation 
        and Management Plan (including any related subsequent 
        agreements and plans).
  [(f)] (i) Authorizations.--(1) There is authorized to be 
appropriated to the Administrator for the implementation of 
this section, other than subsection (d), such sums as may be 
necessary for each of the fiscal years 2001 through 2010.
  (2) There is authorized to be appropriated to the 
Administrator for the implementation of subsection (d) not to 
exceed $40,000,000 for each of fiscal years 2001 through 2010.

           *       *       *       *       *       *       *


SEC. 123. COLUMBIA RIVER BASIN RESTORATION

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

           *       *       *       *       *       *       *

          (1) In General.-- * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


          TITLE II--GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

SEC. 201. (A) * * *

           *       *       *       *       *       *       *


SEC. 221. SEWER OVERFLOW CONTROL GRANTS.

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

           *       *       *       *       *       *       *

  (d) Cost-Sharing.--The Federal share of the cost of 
activities carried out using amounts from a grant made under 
subsection (a) shall be not less than 55 percent of the cost. 
The non-Federal share of the cost may include, in any amount, 
public and private funds and in-kind services, and may include, 
notwithstanding section [603(h)] 603(i), financial assistance, 
including loans, from a State water pollution control revolving 
fund.
  [(e) Administrative Reporting Requirements.--If a project 
receives grant assistance under subsection (a) and loan 
assistance from a State water pollution control revolving fund 
and the loan assistance is for 15 percent or more of the cost 
of the project, the project may be administered in accordance 
with State water pollution control revolving fund 
administrative reporting requirements for the purposes of 
streamlining such requirements.
  [(f) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $750,000,000 for each 
of fiscal years 2002 and 2003. Such sums shall remain available 
until expended.
  [(g) Allocation of Funds.--
          [(1) Fiscal year 2002.--Subject to subsection (h), 
        the Administrator shall use the amounts appropriated to 
        carry out this section for fiscal year 2002 for making 
        grants to municipalities and municipal entities under 
        subsection (a)(2), in accordance with the criteria set 
        forth in subsection (b).
          [(2) Fiscal year 2003.--Subject to subsection (h), 
        the Administrator shall use the amounts appropriated to 
        carry out this section for fiscal year 2003 as follows:
                  [(A) Not to exceed $250,000,000 for making 
                grants to municipalities and municipal entities 
                under subsection (a)(2), in accordance with the 
                criteria set forth in subsection (b).
                  (B) All remaining amounts for making grants 
                to States under subsection (a)(1), in 
                accordance with a formula to be established by 
                the Administrator, after providing notice and 
                an opportunity for public comment, that 
                allocates to each State a proportional share of 
                such amounts based on the total needs of the 
                State for municipal combined sewer overflow 
                controls and sanitary sewer overflow controls 
                identified in the most recent survey conducted 
                pursuant to section 516(b)(1).]
  (e) Administrative Requirements.--
          (1) In general.--Subject to paragraph (2), a project 
        that receives grant assistance under subsection (a) 
        shall be carried out subject to the same requirements 
        as a project that receives assistance from a State 
        water pollution control revolving fund established 
        pursuant to title VI.
          (2) Determination of governor.--The requirement 
        described in paragraph (1) shall not apply to a project 
        that receives grant assistance under subsection (a) to 
        the extent that the Governor of the State in which the 
        project is located determines that a requirement 
        described in title VI is inconsistent with the purposes 
        of this section.
  (f) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $225,000,000 for each 
of fiscal years 2019 and 2020, to remain available until 
expended.
  (g) Allocation of Funds.--For each of fiscal years 2019 and 
2020, subject to subsection (h), the Administrator shall use 
the amounts made available to carry out this section to provide 
grants to municipalities and municipal entities under 
subsection (a)(2)--
          (1) in accordance with the priority criteria 
        described in subsection (b); and
          (2) with additional priority given to proposed 
        projects that involve the use of--
                  (A) nonstructural, low-impact development;
                  (B) water conservation, efficiency, or reuse; 
                or
                  (C) other decentralized stormwater or 
                wastewater approaches to minimize flows into 
                the sewer systems.

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


SEC. 222. TECHNICAL ASSISTANCE FOR SMALL TREATMENT WORKS.

  (a) Definitions.--In this section:
          (1) Qualified nonprofit small treatment works 
        technical assistance provider.--The term `qualified 
        nonprofit small treatment works technical assistance 
        provider' means a nonprofit organization that, as 
        determined by the Administrator--
                  (A) is qualified and experienced in providing 
                training and technical assistance to small 
                treatment works; and
                  (B) the small treatment works in the State 
                finds to be the most beneficial and effective.
          (2) Small treatment works.--The term `small treatment 
        works' means a publicly owned treatment works serving 
        not more than 10,000 individuals.
  (b) Technical Assistance.--The Administrator may use amounts 
made available to carry out this section to provide grants or 
cooperative agreements to qualified nonprofit small treatment 
works technical assistance providers to provide to owners and 
operators of small treatment works onsite technical assistance, 
circuit rider technical assistance programs, multi-State, 
regional technical assistance programs, and onsite and regional 
training, to assist the small treatment works in achieving 
compliance with this Act or obtaining financing under this Act 
for eligible projects.
  (c) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section for grants for small 
treatment works technical assistance, $15,000,000 for each of 
fiscal years 2019 through 2021.

SEC. 223. TECHNICAL ASSISTANCE FOR MEDIUM TREATMENT WORKS.

  (a) Definitions.--In this section:
          (1) Medium treatment works.--The term `medium 
        treatment works' means a publicly owned treatment works 
        serving not fewer than 10,001, and not more than 
        75,000, individuals.
          (2) Qualified nonprofit medium treatment works 
        technical assistance provider.--The term `qualified 
        nonprofit medium treatment works technical assistance 
        provider' means a qualified nonprofit technical 
        assistance provider of water and wastewater services to 
        medium-sized communities that provides technical 
        assistance (including circuit rider technical 
        assistance programs, multi-State, regional assistance 
        programs, and training and preliminary engineering 
        evaluations) to owners and operators of medium 
        treatment works, which may include a State agency.
  (b) Technical Assistance.--The Administrator may use amounts 
made available to carry out this section to provide grants or 
cooperative agreements to qualified nonprofit medium treatment 
works technical assistance providers to provide to owners and 
operators of medium treatment works onsite technical 
assistance, circuit-rider technical assistance programs, multi-
State, regional technical assistance programs, and onsite and 
regional training to assist medium treatment works that are 
facing difficulty in achieving compliance with this Act or 
obtaining financing under this Act for eligible projects.
  (c) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $10,000,000 for each 
of fiscal years 2019 through 2021.

           *       *       *       *       *       *       *


TITLE III--STANDARDS AND ENFORCEMENT

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *


                     TITLE IV--PERMITS AND LICENSES

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

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *

  (s) Integrated Plan Permits.--
          (1) Definitions.--In this subsection:
                  (A) Green infrastructure.--The term `green 
                infrastructure' means the range of measures 
                that use plant or soil systems, permeable 
                pavement or other permeable surfaces or 
                substrates, stormwater harvest and reuse, or 
                landscaping to store, infiltrate, or 
                evapotranspirate stormwater and reduce flows to 
                sewer systems or to surface waters.
                  (B) Integrated plan.--The term `integrated 
                plan' has the meaning given in Part III of the 
                Integrated Municipal Stormwater and Wastewater 
                Planning Approach Framework, issued by the 
                Environmental Protection Agency and dated June 
                5, 2012.
                  (C) Municipal discharge.--
                          (i) In general.--The term `municipal 
                        discharge' means a discharge from a 
                        treatment works (as defined in section 
                        212) or a discharge from a municipal 
                        storm sewer under subsection (p).
                          (ii) Inclusion.--The term `municipal 
                        discharge' includes a discharge of 
                        wastewater or storm water collected 
                        from multiple municipalities if the 
                        discharge is covered by the same permit 
                        issued under this section.
          (2) Integrated plan.--
                  (A) In general.--The Administrator (or a 
                State, in the case of a permit program approved 
                under subsection (b)) shall inform a municipal 
                permittee or multiple municipal permittees of 
                the opportunity to develop an integrated plan.
                  (B) Scope of permit incorporating integrated 
                plan.--A permit issued under this subsection 
                that incorporates an integrated plan may 
                integrate all requirements under this Act 
                addressed in the integrated plan, including 
                requirements relating to--
                          (i) a combined sewer overflow;
                          (ii) a capacity, management, 
                        operation, and maintenance program for 
                        sanitary sewer collection systems;
                          (iii) a municipal stormwater 
                        discharge;
                          (iv) a municipal wastewater 
                        discharge; and
                          (v) a water quality-based effluent 
                        limitation to implement an applicable 
                        wasteload allocation in a total maximum 
                        daily load.
          (3) Compliance schedules.--
                  (A) In general.--A permit for a municipal 
                discharge by a municipality that incorporates 
                an integrated plan may include a schedule of 
                compliance, under which actions taken to meet 
                any applicable water quality-based effluent 
                limitation may be implemented over more than 1 
                permit term if the compliance schedules are 
                authorized by State water quality standards.
                  (B) Inclusion.--Actions subject to a 
                compliance schedule under subparagraph (A) may 
                include green infrastructure if implemented as 
                part of a water quality-based effluent 
                limitation.
                  (C) Review.--A schedule of compliance may be 
                reviewed each time the permit is renewed.
          (4) Existing authorities retained.--
                  (A) Applicable standards.--Nothing in this 
                subsection modifies any obligation to comply 
                with applicable technology and water quality-
                based effluent limitations under this Act.
                  (B) Flexibility.--Nothing in this subsection 
                reduces or eliminates any flexibility available 
                under this Act, including the authority of--
                          (i) a State to revise a water quality 
                        standard after a use attainability 
                        analysis under section 131.10(g) of 
                        title 40, Code of Federal Regulations 
                        (or a successor regulation), subject to 
                        the approval of the Administrator under 
                        section 303(c); and
                          (ii) the Administrator or a State to 
                        authorize a schedule of compliance that 
                        extends beyond the date of expiration 
                        of a permit term if the schedule of 
                        compliance meets the requirements of 
                        section 122.47 of title 40, Code of 
                        Federal Regulations (as in effect on 
                        the date of enactment of this 
                        subsection).
          (5) Clarification of state authority.--
                  (A) In general.--Nothing in section 
                301(b)(1)(C) precludes a State from authorizing 
                in the water quality standards of the State the 
                issuance of a schedule of compliance to meet 
                water quality-based effluent limitations in 
                permits that incorporate provisions of an 
                integrated plan.
                  (B) Transition rule.--In any case in which a 
                discharge is subject to a judicial order or 
                consent decree as of the date of enactment of 
                the America's Water Infrastructure Act of 2018 
                resolving an enforcement action under this Act, 
                any schedule of compliance issued pursuant to 
                an authorization in a State water quality 
                standard shall not revise a schedule of 
                compliance in that order or decree unless the 
                order or decree is modified by agreement of the 
                parties and the court.

           *       *       *       *       *       *       *


                      TITLE V--GENERAL PROVISIONS

SEC. 501. (A) * * *

           *       *       *       *       *       *       *


SEC. 518. INDIAN TRIBES.

  (a) Policy.-- * * *

           *       *       *       *       *       *       *


SEC. 519. ENVIRONMENTAL PROTECTION AGENCY GREEN INFRASTRUCTURE 
                    PROMOTION.

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

           *       *       *       *       *       *       *


        TITLE VI--STATE WATER POLLUTION CONTROL REVOLVING FUNDS

SEC. 603. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

  (a) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

  (e) Additional Use of Funds.--A State may use an additional 2 
percent of the funds annually allotted to the State under this 
section for qualified nonprofit small treatment works technical 
assistance providers (as the term is defined in section 222) 
and qualified nonprofit medium treatment works technical 
assistance providers (as the term in defined in section 223) to 
provide technical assistance to small treatment works (as the 
term is defined in section 222) and medium treatment works (as 
the term is defined in section 223) in the State.
  [(e)](f) Limitation to prevent double benefits.-- * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


LONG ISLAND SOUND STEWARDSHIP ACT OF 2006

           *       *       *       *       *       *       *


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

SEC 1. SHORT TITLE. * * *

           *       *       *       *       *       *       *


SEC. 8. LONG ISLAND SOUND STEWARDSHIP ADVISORY COMMITTEE.

  (a) * * *

           *       *       *       *       *       *       *

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

SEC. 9. REPORTS.

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

           *       *       *       *       *       *       *

  (b) Advisory Committee.- * * *

           *       *       *       *       *       *       *

          (1) Report.-For each of [fiscal years 2007 through 
        2011] fiscal years 2019 through 2021, the Advisory 
        Committee shall submit to the Administrator and the 
        decisionmaking body of the Long Island Sound Study 
        Management Conference established under section 320 of 
        the Federal Water Pollution Control Act (33 U.S.C. 
        1330), an annual report that contains-

           *       *       *       *       *       *       *


SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

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

           *       *       *       *       *       *       *


WATER INFRASTRUCTURE FINANCE AND INNOVATION ACT OF 2014

           *       *       *       *       *       *       *


                TITLE V--WATER INFRASTRUCTURE FINANCING

            Subtitle C--Innovative Financing Pilot Projects

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

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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


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

  (a) * * *

           *       *       *       *       *       *       *

          (1) Creditworthiness
                  (A) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


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

SEC. 5034. REPORTS ON PROGRAM IMPLEMENTATION.

           *       *       *       *       *       *       *


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

  (a) In General.-- * * *

           *       *       *       *       *       *       *


SEC. 5036. INNOVATIVE FINANCING FOR STATE LOAN FUNDS.

  (a) Definition of State Loan Funds.--In this section, the 
term `State loan funds' means--
          (1) State drinking water treatment revolving loan 
        funds established under section 1452 of the Safe 
        Drinking Water Act (42 U.S.C. 300j-12); and
          (2) State water pollution control revolving funds 
        established under title VI of the Federal Water 
        Pollution Control Act (33 U.S.C. 1381 et seq.).
  (b) Financial Assistance to State Loan Funds.--The 
Administrator may provide financial assistance under this 
section to State infrastructure financing authorities for State 
loan funds to carry out water and wastewater infrastructure 
projects in accordance with this section.
  (c) Eligible Activities.--
          (1) In general.--The following activities may be 
        carried out by a State infrastructure financing 
        authority with financial assistance made available 
        under this section:
                  (A) One or more activities that are included 
                in the intended use plan under section 606(c) 
                of the Federal Water Pollution Control Act (33 
                U.S.C. 1386(c)).
                  (B) One or more activities that are included 
                in the project priority list of the intended 
                use plan under section 1452(b) of the Safe 
                Drinking Water Act (42 U.S.C. 300j-12(b)).
          (2) Administrative costs.--Financial assistance 
        provided under this section may be used to pay the 
        reasonable costs of administration related to that 
        financial assistance.
          (3) Application fees.--Section 5029(b)(7) shall not 
        apply to financial assistance made available under this 
        section.
          (4) Treatment of projects.--In determining whether to 
        provide financial assistance under this section, the 
        Administrator shall consider a project to be all of the 
        activities included in an intended use plan described 
        in subparagraph (A) or (B) of paragraph (1).
          (5) State and local decisionmaking.--A State 
        infrastructure financing authority that receives 
        financial assistance under this section may use the 
        assistance for any activity included in an intended use 
        plan described in subparagraph (A) or (B) of paragraph 
        (1).
  (d) Requirements.--
          (1) In general.--Except as otherwise provided in this 
        section, the requirements and procedures under this 
        subtitle shall apply to a project under this section.
          (2) Interest rate.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the interest rate on a 
                secured loan provided under this section shall 
                be equal to the yield on United States Treasury 
                securities of a similar maturity to the 
                maturity of the secured loan on the date of 
                execution of the loan agreement.
                  (B) Certain states.--
                          (i) In general.--In the case of a 
                        State described in clause (ii)--
                                  (I) the interest rate on a 
                                secured loan provided under 
                                this section shall be 80 
                                percent of the interest rate 
                                under subparagraph (A); but
                                  (II) if there is not 
                                sufficient demand for loans 
                                under this subparagraph (as 
                                determined by the 
                                Administrator), the 
                                Administrator may provide a 
                                secured loan at an interest 
                                rate that is not less than 50 
                                percent and not more than 80 
                                percent of the interest rate 
                                under subparagraph (A), as 
                                determined by the Administrator 
                                with respect to each loan.
                          (ii) States described.--A State 
                        referred to in clause (i) is a State--
                                  (I) that received less than 2 
                                percent of the total amount of 
                                funds made available to States 
                                for the State loan funds for 
                                the most recent fiscal year for 
                                which data is available; or
                                  (II) for which the President 
                                has declared a major disaster 
                                in accordance with section 401 
                                of the Robert T. Stafford 
                                Disaster Relief and Emergency 
                                Assistance Act (42 U.S.C. 5170) 
                                during the period beginning on 
                                January 1, 2017, and ending on 
                                the date of enactment of this 
                                section, if the secured loan is 
                                for a project related to 
                                wastewater or drinking water 
                                infrastructure damaged by the 
                                major disaster.
                  (C) Distribution of loans.--
                          (i) In general.--Except as provided 
                        in clause (ii), of the total amount of 
                        funds made available to provide secured 
                        loans under this section--
                                  (I) 50 percent shall be 
                                provided for secured loans at 
                                the interest rate described in 
                                subparagraph (A); and
                                  (II) 50 percent shall be 
                                provided for secured loans at 
                                the interest rate described in 
                                subparagraph (B)(i) to States 
                                described in subparagraph 
                                (B)(ii).
                          (ii) Reallocation.--For any fiscal 
                        year, if amounts for loans described in 
                        either of subclause (I) or (II) of 
                        clause (i) remain available, the 
                        Administrator may reallocate the 
                        amounts to be used for loans described 
                        in either of subclause (I) or (II) of 
                        that clause, as applicable, to meet 
                        applicant demand.
          (3) Certain state reviews.--
                  (A) In general.--A project under this section 
                shall comply with any applicable State 
                environmental or engineering review 
                requirements pursuant to, as applicable--
                          (i) title VI of the Federal Water 
                        Pollution Control Act (33 U.S.C. 1381 
                        et seq.);
                          (ii) section 1452 of the Safe 
                        Drinking Water Act (42 U.S.C. 300j-12);
                          (iii) section 35.3140 of title 40, 
                        Code of Federal Regulations (or 
                        successor regulations); and
                          (iv) section 35.3580 of title 40, 
                        Code of Federal Regulations (or 
                        successor regulations).
                  (B) No new reviews required.--Nothing in this 
                section requires any additional or new 
                environmental or engineering review for a 
                project under this section other than any 
                requirement otherwise applicable to the 
                project.
          (4) Federal share.--Notwithstanding section 
        5029(b)(9), financial assistance for a project under 
        this section may be used to pay up to 100 percent of 
        the costs of the project.
          (5) Limitation on loans under multiple programs.--
                  (A) In general.--A State infrastructure 
                financing authority--
                          (i) may apply for financial 
                        assistance under both this section and 
                        under this subtitle (other than this 
                        section); but
                          (ii) may accept financial assistance 
                        from only 1 program described in clause 
                        (i).
                  (B) Withdrawal; timing.--
                          (i) Withdrawal.--On a decision to 
                        accept financial assistance under this 
                        section or under this subtitle (other 
                        than this section), a State 
                        infrastructure financing authority 
                        shall withdraw the application of the 
                        State infrastructure financing 
                        authority from the program that the 
                        State infrastructure financing 
                        authority does not select.
                          (ii) Timing.--A State infrastructure 
                        financing authority shall not be 
                        required to withdraw under clause (i) 
                        before decisions on the applications of 
                        the State infrastructure financing 
                        authority under this section and under 
                        this subtitle (other than this section) 
                        have been made.
  (e) Expedited Review of Applications.--Not later than 180 
days after the date on which the Administrator receives a 
complete application for a project under this section, the 
Administrator shall, through a written notice to the State 
infrastructure financing authority--
          (1) approve the application; or
          (2) provide detailed guidance and an explanation of 
        any changes to the application necessary for approval 
        of the application.
  (f) Funding.--
          (1) Authorization of appropriations.--
                  (A) In general.--There is authorized to be 
                appropriated to the Administrator to carry out 
                this section $100,000,000 for each of fiscal 
                years 2019 and 2020, to remain available until 
                expended.
                  (B) Sense of congress.--It is the sense of 
                Congress that the amounts authorized to be 
                appropriated to carry out this section will 
                support, for each fiscal year--
                          (i) $5,000,000,000 in secured loans 
                        at the interest rate described in 
                        subsection (d)(2)(A); and
                          (ii) $425,000,000 in secured loans at 
                        the interest rate described in 
                        subsection (d)(2)(B)(i).
          (2) Administrative costs.--
                  (A) In general.--Of the funds made available 
                to carry out this section, the Administrator 
                may use for the administration of this section, 
                including for the provision of technical 
                assistance to aid State infrastructure 
                financing authorities in obtaining the 
                necessary approvals for eligible activities, 
                not more than $5,000,000 for each of fiscal 
                years 2019 and 2020.
                  (B) Fee waivers.--
                          (i) In general.--Of the funds made 
                        available to carry out this section, 
                        the Administrator may use for costs 
                        related to processing and reviewing 
                        applications, including underwriting, 
                        such amounts as are necessary for each 
                        of fiscal years 2019 and 2020, to 
                        remain available until expended.
                          (ii) Other fees.--The funds under 
                        clause (i) shall be used in lieu of 
                        fees collected under section 5030(b).
          (3) No impact on other federal funding.--No funds 
        shall be made available to carry out this section if--
                  (A) the total amount made available for a 
                fiscal year for the State loan funds is less 
                than the total amount made available for those 
                funds for fiscal year 2018; and
                  (B) the amount made available for a fiscal 
                year for assistance under this subtitle (other 
                than this section) is less than the amount made 
                available for that assistance for fiscal year 
                2018.
          (4) Supplement, not supplant.--Amounts made available 
        to carry out this section shall be used to supplement, 
        and not supplant--
                  (A) funds made available to carry out this 
                subtitle (other than this section);
                  (B) funds made available to carry out section 
                1452 of the Safe Drinking Water Act (42 U.S.C. 
                300j-12); and
                  (C) funds made available to carry out title 
                VI of the Federal Water Pollution Control Act 
                (33 U.S.C. 1381 et seq.).
  (g) Distribution and Allotment of Funds.--
          (1) Distribution of funds.--In determining the 
        distribution of amounts between the State loan funds, 
        the Administrator shall--
                  (A) provide financial assistance based on 
                need; and
                  (B) give equal consideration to drinking 
                water projects and wastewater projects.
          (2) Allotment.--Notwithstanding section 5028(b), in 
        providing financial assistance under this section, the 
        Administrator shall--
                  (A) for each fiscal year, ensure that each 
                State infrastructure financing authority that 
                submits an application under this section for a 
                project described in subparagraph (A) or (B) of 
                subsection (c)(1) receives financial assistance 
                under this section; but
                  (B) provide financial assistance under 
                subparagraph (A) in amounts based on need, as 
                determined by the Administrator.
  (h) Transparency.--
          (1) In general.--For each fiscal year, the 
        Administrator shall make available on the website of 
        the Administrator--
                  (A) a list of each application received under 
                this section;
                  (B) a list of each application approved under 
                this section;
                  (C) the criteria and methods used for 
                selection of projects under this section; and
                  (D) the terms of the financial assistance 
                provided for each project under this section.
          (2) Report.--Not later than 180 days after the date 
        on which the Administrator first provides financial 
        assistance for a project under this section and each 
        year thereafter, the Administrator shall submit to the 
        Committee on Environment and Public Works of the Senate 
        and the Committee on Transportation and Infrastructure 
        of the House of Representatives a detailed report that 
        includes--
                  (A) the information described in 
                subparagraphs (A) through (D) of paragraph (1); 
                and
                  (B) a detailed explanation of why each 
                project was approved.
  (i) Sunset.--The authority to provide assistance under this 
section shall terminate on September 30, 2020.

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *


               TITLE XIV--SAFETY OF PUBLIC WATER SYSTEMS

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

Part A--Definitions * * *

           *       *       *       *       *       *       *


                       Part E--General Provisions

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

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

          (2) * * *

           *       *       *       *       *       *       *

                  (A) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

  (s) Negotiation of Contracts.--For communities with 
populations of more than 10,000 individuals, a contract to be 
carried out using funds directly made available by a 
capitalization grant under this section for program management, 
construction management, feasibility studies, preliminary 
engineering, design, engineering, surveying, mapping, or 
architectural or related services shall be negotiated in the 
same manner as--
          (1) a contract for architectural and engineering 
        services is negotiated under chapter 11 of title 40, 
        United States Code; or
          (2) an equivalent State qualifications-based 
        requirement (as determined by the Governor of the 
        State).

           *       *       *       *       *       *       *


SEC. 1459B. REDUCING LEAD IN DRINKING WATER.

  (a) Definitions.-- * * *

           *       *       *       *       *       *       *


SEC. 1459C. STUDY ON INTRACTABLE WATER SYSTEMS.

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

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

SEC. 1461. AS USED IN THIS PART--

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

           *       *       *       *       *       *       *


                     PART G--ADDITIONAL PROVISIONS

SEC. 1471. WATERSENSE PROGRAM.

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

           *       *       *       *       *       *       *


THE WATER RESOURCES RESEARCH ACT OF 1984

           *       *       *       *       *       *       *


SEC. 102. CONGRESSIONAL FINDINGS AND DECLARATIONS

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

           *       *       *       *       *       *       *

          (6) * * *

           *       *       *       *       *       *       *

          (7) additional research is required into increasing 
        the effectiveness and efficiency of new and existing 
        treatment works through alternative approaches, 
        including--
                  (A) nonstructural alternatives;
                  (B) decentralized approaches;
                  (C) energy use efficiency;
                  (D) water use efficiency; and
                  (E) actions to extract energy from 
                wastewater;
          [(7)] (8) the Nation must provide programs to 
        strengthen research and associated graduate education 
        because the pool of scientists, engineers, and 
        technicians trained in fields related to water 
        resources constitutes an invaluable natural resource 
        which should be increased, fully utilized, and 
        regularly replenished; [and ]
          [(8)] (9) long-term planning and policy development 
        are essential to ensure the availability of an abundant 
        supply of high quality water for domestic and other 
        uses; and
          [(9)] (10) the States must have the research and 
        problem-solving capacity necessary to effectively 
        manage their water resources.

           *       *       *       *       *       *       *


SEC. 104. WATER RESOURCES RESEARCH AND TECHNOLOGY INSTITUTES

  (a) * * *

           *       *       *       *       *       *       *

  (b) * * *

           *       *       *       *       *       *       *

          (1) * * *

           *       *       *       *       *       *       *

                  (B) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

  [(e) Evaluation of water resources research program.--The 
Secretary shall conduct a careful and detailed evaluation of 
each institute at least once every 3 years to determine that 
the quality and relevance of its water resources research and 
its effectiveness at producing measured results and applied 
water supply research as an institution for planning, 
conducting, and arranging for research warrants its continued 
support under this section. If, as a result of any such 
evaluation, the Secretary determines that an institute does not 
qualify for further support under this section, then no further 
grants to the institute may be made until the institute's 
qualifications are reestablished to the satisfaction of the 
Secretary.]
  (e) Evaluation of Water Resources Research Program.--
          (1) In general.--The Secretary shall conduct a 
        careful and detailed evaluation of each institute at 
        least once every 3 years to determine--
                  (A) the quality and relevance of the water 
                resources research of the institute;
                  (B) the effectiveness of the institute at 
                producing measured results and applied water 
                supply research; and
                  (C) whether the effectiveness of the 
                institute as an institution for planning, 
                conducting, and arranging for research warrants 
                continued support under this section.
          (2) Prohibition on further support.--If, as a result 
        of an evaluation under paragraph (1), the Secretary 
        determines that an institute does not qualify for 
        further support under this section, no further grants 
        to the institute may be provided until the 
        qualifications of the institute are reestablished to 
        the satisfaction of the Secretary.
  (f) Authorization of appropriations in general.--
          (1) There is authorized to be appropriated to carry 
        out this section, to remain available until expended, 
        [$12,000,000 for each of fiscal years 2007 through 
        2011] $7,500,000 for each of fiscal years 2019 through 
        2021.

           *       *       *       *       *       *       *

  (g) Additional appropriations where research focused on water 
problems of interstate nature.--
          (1) There is further authorized to be appropriated to 
        the Secretary of the Interior the sum of [$6,000,000 
        for each of fiscal years 2007 through 2011] $1,500,000 
        for each of fiscal years 2019 through 2021. only for 
        reimbursement of the direct cost expenses of additional 
        research or synthesis of the results of research by 
        institutes which focuses on water problems and issues 
        of a regional or interstate nature beyond those of 
        concern only to a single State and which relate to 
        specific program priorities identified jointly by the 
        Secretary and the institutes. Such funds when 
        appropriated shall be matched on a not less than 
        dollar-for-dollar basis by funds made available to 
        institutes or groups of institutes, by States or other 
        non-Federal sources. Funds made available under this 
        subsection shall remain available until expended.

           *       *       *       *       *       *       *


CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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