[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3021 Enrolled Bill (ENR)]
S.3021
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
An Act
To provide for improvements to the rivers and harbors of the United
States, to provide for the conservation and development of water and
related resources, to provide for water pollution control activities,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as ``America's Water
Infrastructure Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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TITLE I

-WATER RESOURCES DEVELOPMENT

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River Lake Flowage Easement Encroachment Resolution Plan.

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Subtitle C--Deauthorizations, Modifications, and Related Provisions

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Southern Florida, Everglades Agricultural Area, Florida.

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Subtitle D--Water Resources Infrastructure

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TITLE II

-DRINKING WATER SYSTEM IMPROVEMENT

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drinking water treatment revolving loan funds.

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TITLE III

-ENERGY

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TITLE IV

-OTHER MATTERS

systems of individuals with low or moderate income.
Subtitle B--WIFIA Reauthorization and Innovative Financing for State
Loan Funds

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This title may be cited as the ``Water Resources Development Act of
2018''.

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In this title, the term ``Secretary'' means the Secretary of the
Army.
Subtitle A--General Provisions

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

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ENGINEERS.
(a) In General.--The Secretary shall enter into an agreement with
the National Academy of Sciences to convene a committee of experts to
carry out a comprehensive study on--
(1) the ability of the Corps of Engineers to carry out its
statutory missions and responsibilities, and the potential effects
of transferring the functions (including regulatory obligations),
personnel, assets, and civilian staff responsibilities of the
Secretary relating to civil works from the Department of Defense to
a new or existing agency or subagency of the Federal Government,
including how such a transfer might affect the Federal Government's
ability to meet the current statutory missions and responsibilities
of the Corps of Engineers; and
(2) improving the Corps of Engineers' project delivery
processes, including recommendations for such improvements, taking
into account factors including--
(A) the effect of the annual appropriations process on the
ability of the Corps of Engineers to efficiently secure and
carry out contracts for water resources development projects
and perform regulatory obligations;
(B) the effect that the current Corps of Engineers
leadership and geographic structure at the division and
district levels has on its ability to carry out its missions in
a cost-effective manner; and
(C) the effect of the frequency of rotations of senior
leaders of the Corps of Engineers and how such frequency
affects the function of the district.
(b) Considerations.--The study carried out under subsection (a)
shall include consideration of--
(1) effects on the national security of the United States;
(2) the ability of the Corps of Engineers to maintain
sufficient engineering capability and capacity to assist ongoing
and future operations of the United States armed services;
(3) emergency and natural disaster response obligations of the
Federal Government that are carried out by the Corps of Engineers;
and
(4) the ability of the Corps of Engineers to increase
efficiency, coordination, transparency, and cost savings of the
project delivery process.
(c) Submission to Congress.--The Secretary shall submit the final
report of the National Academy containing the findings of the study
carried out under subsection (a) to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate not later than 2 years after
the date of enactment of this Act.
(d) Congressional Approval.--The Secretary may not implement the
findings of the study carried out under subsection (a) unless expressly
authorized by Congress.

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(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall enter into an agreement with
the National Academy of Sciences to--
(1) carry out a study on the economic principles and analytical
methodologies currently used by or applied to the Corps of
Engineers to formulate, evaluate, and budget for water resources
development projects; and
(2) make recommendations to Congress on potential changes to
such principles and methodologies to improve transparency, return
on Federal investment, cost savings, and prioritization, in the
formulation, evaluation, and budgeting of such projects.
(b) Considerations.--The study under subsection (a) shall include--
(1) an analysis of the current economic principles and
analytical methodologies used by or applied to the Corps of
Engineers in determining the total benefits and total costs during
the formulation of, and plan selection for, a water resources
development project;
(2) an analysis of improvements or alternatives to how the
Corps of Engineers utilizes the National Economic Development,
Regional Economic Development, Environmental Quality, and Other
Social Effects accounts developed by the Institute for Water
Resources of the Corps of Engineers in the formulation of, and plan
selection for, such projects;
(3) an analysis of whether such principles and methodologies
fully account for all of the potential benefits of project
alternatives, including any reasonably associated benefits of such
alternatives that are not contrary to law, Federal policy, or sound
water resources management;
(4) an analysis of whether such principles and methodologies
fully account for all of the costs of project alternatives,
including potential societal costs, such as lost ecosystem
services, and full lifecycle costs for such alternatives;
(5) an analysis of the methodologies utilized by the Federal
Government in setting and applying discount rates for benefit-cost
analyses used in the formulation, evaluation, and budgeting of
Corps of Engineers water resources development projects;
(6) an analysis of whether or not the Corps of Engineers--
(A) considers cumulative benefits of locally developed
projects, including Master Plans approved by the Corps; and
(B) uses the benefits referred to in subparagraph (A) for
purposes of benefit-cost analysis for project justification for
potential projects within such Master Plans; and
(7) consideration of the report submitted under section 1204,
if that report is submitted prior to completion of the study under
this section.
(c) Publication.--The agreement entered into under subsection (a)
shall require the National Academy of Sciences to, not later than 30
days after the completion of the study--
(1) submit a report containing the results of the study and the
recommendations to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives; and
(2) make a copy of such report available on a publicly
accessible website.

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(a) Findings.--Congress finds the following:
(1) Congress plays a central role in identifying, prioritizing,
and authorizing vital water resources infrastructure activities
throughout the United States.
(2) The Water Resources Reform and Development Act of 2014
(Public Law 113-121) established a new and transparent process to
review and prioritize the water resources development activities of
the Corps of Engineers with strong congressional oversight.
(3) Section 7001 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2282d) requires the Secretary to develop and
submit to Congress each year a Report to Congress on Future Water
Resources Development and, as part of the annual report process,
to--
(A) publish a notice in the Federal Register that requests
from non-Federal interests proposed feasibility studies and
proposed modifications to authorized water resources
development projects and feasibility studies for inclusion in
the report; and
(B) review the proposals submitted and include in the
report those proposed feasibility studies and proposed
modifications that meet the criteria for inclusion established
under such section 7001.
(4) Congress will use the information provided in the annual
Report to Congress on Future Water Resources Development to
determine authorization needs and priorities for purposes of water
resources development legislation.
(5) To ensure that Congress can gain a thorough understanding
of the water resources development needs and priorities of the
United States, it is important that the Secretary take sufficient
steps to ensure that non-Federal interests are made aware of the
new annual report process, including the need for non-Federal
interests to submit proposals during the Secretary's annual request
for proposals in order for such proposals to be eligible for
consideration by Congress.
(b) Dissemination of Process Information.--The Secretary shall
develop, support, and implement education and awareness efforts for
non-Federal interests with respect to the annual Report to Congress on
Future Water Resources Development required under section 7001 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d),
including efforts to--
(1) develop and disseminate technical assistance materials,
seminars, and guidance on the annual process as it relates to non-
Federal interests;
(2) provide written notice to local elected officials and
previous and potential non-Federal interests on the annual process
and on opportunities to address local water resources challenges
through the missions and authorities of the Corps of Engineers;
(3) issue guidance for non-Federal interests to assist such
interests in developing proposals for water resources development
projects that satisfy the requirements of such section 7001; and
(4) provide, at the request of a non-Federal interest,
assistance with researching and identifying existing project
authorizations and Corps of Engineers decision documents.

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(a) Issuance.--The Secretary shall expeditiously issue guidance to
implement each covered provision of law in accordance with this
section.
(b) Public Notice.--
(1) In general.--Prior to developing and issuing any new or
revised implementation guidance for a covered water resources
development law, the Secretary shall issue a public notice that--
(A) informs potentially interested non-Federal stakeholders
of the Secretary's intent to develop and issue such guidance;
and
(B) provides an opportunity for interested non-Federal
stakeholders to engage with, and provide input and
recommendations to, the Secretary on the development and
issuance of such guidance.
(2) Issuance of notice.--The Secretary shall issue the notice
under paragraph (1) through a posting on a publicly accessible
website dedicated to providing notice on the development and
issuance of implementation guidance for a covered water resources
development law.
(c) Stakeholder Engagement.--
(1) Input.--The Secretary shall allow a minimum of 60 days
after issuance of the public notice under subsection (b) for non-
Federal stakeholders to provide input and recommendations to the
Secretary, prior to finalizing implementation guidance for a
covered water resources development law.
(2) Outreach.--The Secretary may, as appropriate (as determined
by the Secretary), reach out to non-Federal stakeholders and
circulate drafts of implementation guidance for a covered water
resources development law for informal input and recommendations.
(d) Submission.--The Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a copy of
all input and recommendations received pursuant to subsection (c) and a
description of any consideration of such input and recommendations.
(e) Development of Guidance.--When developing implementation
guidance for a covered water resources development law, the Secretary
shall take into consideration the input and recommendations received
from non-Federal stakeholders, and make the final guidance available to
the public on the publicly accessible website described in subsection
(b)(2).
(f) Definitions.--In this section:
(1) Covered provision of law.--The term ``covered provision of
law'' means a provision of law under the jurisdiction of the
Secretary contained in, or amended by, a covered water resources
development law, with respect to which--
(A) the Secretary determines guidance is necessary in order
to implement the provision; and
(B) no such guidance has been issued as of the date of
enactment of this Act.
(2) Covered water resources development law.--The term
``covered water resources development law'' means--
(A) the Water Resources Reform and Development Act of 2014;
(B) the Water Resources Development Act of 2016;
(C) this Act; and
(D) any Federal water resources development law enacted
after the date of enactment of this Act.

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The Secretary shall expedite completion of the Lake Okeechobee
regulation schedule to coincide with the completion of the Herbert
Hoover Dike project, and may consider all relevant aspects of the
Comprehensive Everglades Restoration Plan described in section 601 of
the Water Resources Development Act of 2000 (114 Stat. 2680).

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(a) In General.--Using available funds, the Secretary shall make
publicly available, including on a publicly accessible website,
information on all Federal real estate assets in the United States that
are owned, operated, or managed by, or in the custody of, the Corps of
Engineers.
(b) Requirements.--
(1) In general.--The real estate information made available
under subsection (a) shall include--
(A) existing standardized real estate plat descriptions of
assets described in subsection (a); and
(B) existing geographic information systems and geospatial
information associated with such assets.
(2) Collaboration.--In making information available under
subsection (a), the Secretary shall consult with the Administrator
of General Services. Such information may be made available, in
whole or in part, in the Federal real property database published
under section 21 of the Federal Assets Sale and Transfer Act of
2016 (Public Law 114-287), as determined appropriate by the
Administrator of General Services. Nothing in this paragraph shall
be construed as requiring the Administrator of General Services to
add additional data elements or features to such Federal real
property database if such additions are impractical or would add
additional costs to such database.
(c) Limitation.--Nothing in this section shall compel or authorize
the disclosure of data or other information determined by the Secretary
to be confidential, privileged, national security information, personal
information, or information the disclosure of which is otherwise
prohibited by law.
(d) Timing.--The Secretary shall ensure that the implementation of
subsection (a) occurs as soon as practicable.
(e) Effect on Other Laws.--Nothing in this section shall be
construed as modifying, or exempting the Corps of Engineers from, the
requirements of the Federal real property database published under
section 21 of the Federal Assets Sale and Transfer Act of 2016 (Public
Law 114-287).

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

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

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The Secretary shall enter into a memorandum of understanding with
the Administrator of the Environmental Protection Agency to facilitate
ecosystem restoration activities at the South Fork of the South Branch
of the Chicago River (commonly known as Bubbly Creek).

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(a) In General.--The Secretary is authorized to carry out a pilot
program to award contracts with a duration of up to 5 years for the
operation and maintenance of harbors and inland harbors referred to in
section 210(a)(2) of the Water Resources Development Act of 1986 (33
U.S.C. 2238(a)(2)).
(b) Scope.--In carrying out the pilot program under subsection (a),
the Secretary may award a contract described in such subsection, which
may address one or more harbors or inland harbors in a geographical
region, if the Secretary determines that the contract provides cost
savings compared to the awarding of such work on an annual basis or on
a project-by-project basis.
(c) Report to Congress.--Not later than 1 year after the date on
which the first contract is awarded pursuant to the pilot program
carried out under subsection (a), the Secretary shall submit to
Congress a report evaluating, with respect to the pilot program and any
contracts awarded under the pilot program--
(1) cost effectiveness;
(2) reliability and performance;
(3) cost savings attributable to mobilization and
demobilization of dredge equipment; and
(4) response times to address navigational impediments.
(d) Sunset.--The authority of the Secretary to enter into contracts
pursuant to the pilot program carried out under subsection (a), shall
expire on the date that is 10 years after the date of enactment of this
Act.

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(a) In General.--The Secretary is authorized to carry out a pilot
program to award single contracts for more than one authorized
hurricane and storm damage reduction project in a geographical region,
including projects across more than one Corps of Engineers district, if
the Secretary determines that the contract provides cost savings
compared to the awarding of such work on a project-by-project basis.
(b) Project Selection.--In carrying out the pilot program under
subsection (a), the Secretary shall consult with relevant State
agencies in selecting projects.
(c) Criteria.--In carrying out the pilot program under subsection
(a), the Secretary shall establish criteria and other considerations
that--
(1) foster Federal, State, and local collaboration;
(2) evaluate the performance of projects being carried out
under a single contract with respect to whether such projects yield
any regional or multi-district benefits; and
(3) include other criteria and considerations that the
Secretary determines to be appropriate.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that includes findings and recommendations of
the Secretary with respect to the projects completed under the pilot
program carried out under subsection (a).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $75,000,000.
(f) Termination.--The authority of the Secretary to enter into
contracts pursuant to the pilot program carried out under subsection
(a) shall expire on the date that is 10 years after the date of
enactment of this Act.

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

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The Secretary may provide assistance to municipalities the water
supply of which is adversely affected by construction carried out by
the Corps of Engineers.

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(a) In General.--In acquiring an interest in land, or requiring a
non-Federal interest to acquire an interest in land, the Secretary
shall, in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, first consider the minimum
interest in real property necessary to support the water resources
development project for which such interest is acquired.
(b) Determination.--In determining an interest in land under
subsection (a), the Secretary shall first consider a temporary easement
or other interest designed to reduce the overall cost of the water
resources development project for which such interest is acquired,
reduce the time to complete such project, and minimize conflict with
property owners related to such project.
(c) Procedures Used in State.--In carrying out subsection (a), the
Secretary shall consider, with respect to a State, the procedures that
the State uses to acquire, or require the acquisition of, interests in
land, to the extent that such procedures are generally consistent with
the goals of a project or action.

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(a) In General.--For purposes of dredged material management plans
initiated after the date of enactment of this Act, the Secretary shall
expedite the dredged material management plan process in order that
such plans make maximum use of existing information, studies, and
innovative dredged material management practices, and avoid any
redundant information collection and studies.
(b) Report.--Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit to Congress a report on how the
Corps of Engineers intends to meet the requirements of subsection (a).

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WORKPLAN.
(a) In General.--The Secretary shall, to the maximum extent
practicable, include in the future workplan of the Corps any authorized
project or facility of the Corps of Engineers--
(1) that the Secretary has studied for disposition under an
existing authority, including by carrying out a disposition study
under section 216 of the Flood Control Act of 1970 (33 U.S.C.
549a); and
(2) for which a final report by the Director of Civil Works has
been completed.
(b) Notification to Committees.--Upon completion of a final report
referred to in subsection (a), the Secretary shall transmit a copy of
the report to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate.

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(a) In General.--The Secretary shall develop guidance for the
acceptance and use of information obtained from a non-Federal interest
through geomatic techniques, including remote sensing and land
surveying, cartography, geographic information systems, global
navigation satellite systems, photogrammetry, or other remote means, in
carrying out any authority of the Secretary.
(b) Considerations.--In carrying out this section, the Secretary
shall ensure that use of information described in subsection (a) meets
the data quality and operational requirements of the Secretary.
(c) Savings Clause.--Nothing in this section--
(1) requires the Secretary to accept information that the
Secretary determines does not meet the guidance developed under
this section; or
(2) changes the current statutory or regulatory requirements of
the Corps of Engineers.

366be3a8f5b2f30fee256032c4dc30c2f047d99f3673acff88ebd4cef27e5f7c

(a) In General.--During the 10-year period after the date of
enactment of this section, the Secretary shall expedite review of
applications for covered permits, if the permit applicant is a local
governmental entity with jurisdiction over an area for which--
(1) any portion of the water resources available to the area
served by the local governmental entity is polluted by chemicals
used at a formerly used defense site under the jurisdiction of the
Department of Defense that is undergoing (or is scheduled to
undergo) environmental restoration under chapter 160 of title 10,
United States Code; and
(2) mitigation of the pollution described in paragraph (1) is
ongoing.
(b) Covered Permit Defined.--In this section, the term ``covered
permit'' means a permit to be issued by the Secretary to modify a
reservoir owned or operated by the Secretary, with respect to which not
less than 80 percent of the water rights are held for drinking water
supplies, in order to accommodate projected water supply needs of an
area with a population of less than 80,000.
(c) Limitations.--Nothing in this section affects any obligation to
comply with the provisions of any Federal law, including--
(1) the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
(2) the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.).

c63356a588982519791cb9276c018256f1a8ba05f66a868bc3cbf6fa2394ea6b

RESOURCES DEVELOPMENT PROJECTS.
(a) Definition of Balance Sheet.--In this section, the term
``balance sheet'' means a document that describes--
(1) the funds provided by each Federal and non-Federal interest
for a water resources development project; and
(2) the status of those funds.
(b) Establishment of Balance Sheet.--Each district of the Corps of
Engineers shall, using the authority of the Secretary under section 10
of the Water Resources Development Act of 1988 (33 U.S.C. 2315)--
(1) maintain a balance sheet for each water resources
development project carried out by the Secretary for which a non-
Federal cost share is required; and
(2) on request of a non-Federal interest that provided funds
for the project, provide to the non-Federal interest a copy of the
balance sheet.
(c) Under-Budget Projects.--In the case of a water resources
development project carried out by the Secretary that is completed at a
cost less than the estimated cost, the Secretary shall transfer any
excess non-Federal funds to the non-Federal interest in accordance with
the cost-share requirement applicable to the project.

d78f7a79d6f95e8c4afd6a03c0c231a93b26d17a611edd31332e4dac66444ab8

EASEMENT REVIEW.
(a) In General.--During the 10-year period beginning on the date of
enactment of this Act, the Secretary shall, to the maximum extent
practicable, expedite the review of applications for a covered
easement.
(b) Process.--In carrying out this section, the Secretary shall
develop an application to obtain a covered easement that requires an
applicant for a covered easement to submit information that includes--
(1) all permissible locations for the proposed easement;
(2) the corresponding dimensions of the proposed easement;
(3) the methods of installation of the water withdrawal
intakes; and
(4) any other information that the Secretary may require to
complete the review.
(c) Response.--Not later than 30 days after the date on which the
Secretary receives an application under subsection (b), the Secretary
shall seek to provide to the applicant a written notification that
states--
(1) whether the application is complete; and
(2) if the application is not complete, what information is
needed for the application to be complete.
(d) Determination.--To the maximum extent practicable, not later
than 120 days after the date on which the Secretary receives a complete
application for a covered easement, the Secretary shall approve or deny
the application for the covered easement.
(e) Covered Easement Defined.--In this section, the term ``covered
easement'' means an easement necessary to access Federal land under the
control of the Secretary for the placement of water withdrawal intakes
in the Upper Missouri Mainstem Reservoirs that does not otherwise
involve the alteration or modification of any structures or facilities
located on that Federal land, other than those owned by the non-Federal
interest.
(f) Limitations.--Nothing in this section affects any obligation to
comply with the provisions of any Federal law, including--
(1) the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
(2) the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.).

62879882fbcf5951b95d80b616a151d7ace2711aa40c2cdc8ab97f3d3ee28d65

(a) Limitation.--For any new covered contract entered into during
the period beginning on the date of enactment of this Act and ending on
December 31, 2020, any local governmental entity that is a party to a
covered contract entered into before such period shall be required to
pay not more than 110 percent of the contractual rate per acre-foot in
effect under the most recent such covered contract.
(b) Covered Contract.--In this section, the term ``covered
contract'' means a contract between a local governmental entity and the
Secretary for water supply storage in a nonhydropower lake within the
Verdigris River Basin.

17dc14b49da4c9d0a05f71c0a8a5f1eccd9ffcb6ba08e656d98bad36cae540e7

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

f641d4aeb68ef05e896fd741b955cc718fdcd113bff5dabbe1d306766bab6839

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

01f19fa00819f5a575ee711bc8e6dafa8fa6781e7ca108c70711f6b11aaebc2c

The Corps of Engineers may consider, in making funding
determinations with respect to the operation and maintenance of locks
on the Allegheny River--
(1) recreational boat traffic levels; and
(2) related economic benefits.

bcbc388cd92fded41cd55cbe05c9c8ae7740fe712322a88d9bda8ced2c716fd8

(a) Purpose and Need Statements.--
(1) In general.--Not later than 90 days after the date of
receipt of a complete application for a water storage project, the
District Engineer shall develop and provide to the applicant a
purpose and need statement that describes--
(A) whether the District Engineer concurs with the
assessment of the purpose of and need for the water storage
project proposed by the applicant; and
(B) in any case in which the District Engineer does not
concur as described in subparagraph (A), an assessment by the
District Engineer of the purpose of and need for the project.
(2) Effect on environmental impact statements.--No
environmental impact statement or environmental assessment required
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) shall substantially commence with respect to a water
storage project until the date on which the District Engineer
provides to the applicant a purpose and need statement as required
under paragraph (1).
(b) Appeals Request.--A non-Federal interest may use the
administrative appeals process described in part 331 of title 33, Code
of Federal Regulations (or any succeeding regulation), in relation to a
decision of the Secretary related to an application for a water storage
project.

87b01f39d694887e6a86c9744b8ec3ad26d2e41bad54a2f61a619b0a206f1b88

In any case in which a project under the jurisdiction of the
Secretary is budgeted under a different business line than the business
line under which the project was originally authorized, the Secretary
shall ensure that the project is carried out in accordance with any
requirements that apply to the business line under which the project
was originally authorized.

41b21b5a2a789d420699df376127117af8dbd7854a1ebe864b7a8d6f70cffb80

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

1ed917e4185f64a6b7ea9dd7eb8676ab22f76f624e4da5770748bae83566418a

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

7a3c88c8b1ddc51db6c4e816998cb8e2e2ab577cff3345e80e6ce8296b8077da

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

8d3e5b62466617f87324bae45c5b45acc40b7b1cecbb902412820e0fd6473816

Section 1150(c) of the Water Resources Development Act of 2016 (33
U.S.C. 701s note) is amended--
(1) in paragraph (1)--
(A) by striking ``During fiscal years 2017 through 2022,
the Secretary'' and inserting ``The Secretary''; and
(B) by striking ``10 projects'' and inserting ``20
projects''; and
(2) in paragraph (2)--
(A) by striking ``shall ensure'' and inserting the
following : ``shall--
``(A) ensure'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(B) select not fewer than one project to be carried out
on a reservation (as defined in section 3 of the Indian
Financing Act of 1974) that serves more than one Indian tribe
(as defined in section 4 of the Indian Self-Determination and
Education Assistance Act).''.

8bf2f516ec51691fb97822d09e656885f0bac4a8457c22aa15572dc1ff9fba6d

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

5c0b955e451cc3373e9a455b26e0094ba5a73b843732683239466a19c172e5ad

(a) Bonneville Dam, Oregon.--
(1) In general.--The Secretary, in consultation with the
Secretary of the Interior, shall examine and assess the extent to
which Indians (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304)) have
been displaced as a result of the construction of the Bonneville
Dam, Oregon, as authorized by the first section of the Act of
August 30, 1935 (49 Stat. 1032) and the first section and section
2(a) of the Act of August 20, 1937 (16 U.S.C. 832, 832a(a)).
(2) Inclusion.--The examination and assessment under paragraph
(1) may include assessments relating to housing and related
facilities.
(3) Assistance.--If the Secretary determines, based on the
examination and assessment under paragraph (1), that assistance is
required or needed, the Secretary may use all existing authorities
of the Secretary, including under this Act, to provide assistance
to Indians who have been displaced as a result of the construction
of the Bonneville Dam, Oregon.
(4) Tribal assistance.--Section 1178(c)(1)(A) of the Water
Resources Development Act of 2016 (130 Stat. 1675) is amended by
striking ``Upon the request of the Secretary of the Interior, the
Secretary may provide assistance'' and inserting ``The Secretary,
in consultation with the Secretary of the Interior, may provide
assistance''.
(b) John Day Dam, Washington and Oregon.--
(1) In general.--The Secretary, in consultation with the
Secretary of the Interior, shall examine and assess the extent to
which Indians (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304)) have
been displaced as a result of the construction of the John Day Dam,
Oregon, as authorized by section 204 of the Flood Control Act of
1950 (64 Stat. 179).
(2) Inclusion.--The examination and assessment under paragraph
(1) may include--
(A) assessments relating to housing and related facilities;
and
(B) the study required by section 1178(c)(2) of the Water
Resources Development Act of 2016 (130 Stat. 1675).
(3) Assistance.--If the Secretary determines, based on the
examination and assessment under paragraph (1), that assistance is
required or needed, the Secretary may use all existing authorities
of the Secretary, including under this Act, to provide assistance
to Indians who have been displaced as a result of the construction
of the John Day Dam, Oregon.
(c) Dalles Dam, Washington and Oregon.--
(1) In general.--The Secretary, in consultation with the
Secretary of the Interior, shall complete and carry out a village
development plan for any Indian village submerged as a result of
the construction of the Dalles Dam, Columbia River, Washington and
Oregon, as authorized by section 204 of the Flood Control Act of
1950 (64 Stat. 179).
(2) Assistance.--The Secretary may acquire land from willing
land owners in carrying out a village development plan under
paragraph (1).
(3) Requirements.--A village development plan completed under
paragraph (1) shall include, at a minimum, an estimated cost and
tentative schedule for the construction of a replacement village.

2178c8ab2a46174b3e56dec0e219c7fd6a43955adc1b628524bd7c109ad58e56

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

ed0d4f0db75afbfa7d48113bc0636988af2df06485f7a4bb040f2d5681e0c90f

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

84e6cef6c0d5865347df04e0b56faa7453236d82f5cfc27b029fc654920d6e42

(a) In General.--Section 1022 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2225) is amended to read as follows:
``SEC. 1022. CREDIT OR REIMBURSEMENT.
``(a) Requests for Credits.--With respect to an authorized flood
damage reduction project, or separable element thereof, that has been
constructed by a non-Federal interest under section 211 of the Water
Resources Development Act of 1996 (33 U.S.C. 701b-13), or an authorized
coastal navigation project that has been constructed by the Corps of
Engineers pursuant to section 11 of the Act of March 3, 1925, before
the date of enactment of the Water Resources Development Act of 2018,
the Secretary may provide to the non-Federal interest, at the request
of the non-Federal interest, a credit in an amount equal to the
estimated Federal share of the cost of the project or separable
element, in lieu of providing to the non-Federal interest a
reimbursement in that amount or reimbursement of funds of an equivalent
amount, subject to the availability of appropriations.
``(b) Application of Credits.--At the request of the non-Federal
interest, the Secretary may apply all or a portion of such credit to
the share of the cost of the non-Federal interest of carrying out other
flood damage reduction and coastal navigation projects or studies.
``(c) Application of Reimbursement.--At the request of the non-
Federal interest, the Secretary may apply such funds, subject to the
availability of appropriations, equal to the share of the cost of the
non-Federal interest of carrying out other flood damage reduction and
coastal navigation projects or studies.''.
(b) Clerical Amendment.--The table of contents contained in section
1(b) of the Water Resources Reform and Development Act of 2014 (128
Stat. 1193) is amended by striking the item relating to section 1022
and inserting the following:
``Sec. 1022. Credit or reimbursement.''.

ebe238084a8d3b438555a3385d19da65ead06e859f40dcbeee4b7a0b18a8bef5

Section 1043(b) of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 2201 note) is amended--
(1) in paragraph (3)(A)(i)--
(A) in the matter preceding subclause (I)--
(i) by striking ``15'' and inserting ``20''; and
(ii) by striking ``prior to the date of enactment of
this Act'';
(B) in subclause (I)--
(i) in the matter preceding item (aa), by inserting
``that have been authorized for construction prior to the
date of enactment of this Act and'' after ``not more than
12 projects''; and
(ii) in item (bb), by striking ``; and'' and inserting
a semicolon;
(C) in subclause (II)--
(i) by inserting ``that have been authorized for
construction prior to the date of enactment of this Act
and'' after ``not more than 3 projects''; and
(ii) by striking the semicolon and inserting ``; and'';
and
(D) by adding at the end the following:
``(III) not more than 5 projects that have been
authorized for construction, but did not receive the
authorization prior to the date of enactment of this
Act;''; and
(2) in paragraph (8), by striking ``2015 through 2019'' and
inserting ``2019 through 2023''.

31339ed212ce08645ecf4bb625eeafb83fd1c4d98bdaafa25bbd5be6489eafbc

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

98c6922a9621f9da25fcbb8518616d9a3ec6a92096860cc6a2c1f1a72e8b75ae

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

dbbb04f2f0de43fefb8f03d14d1851e8380e36e2a11424df2b4d74742abbf380

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

8b5afdc3064a574ff12166aa4f0a4d5b541a1f616dee469ada316272dc08378a

Section 2034(h)(2) of the Water Resources Development Act of 2007
(33 U.S.C. 2343(h)(2)) is amended by striking ``12 years'' and
inserting ``17 years''.

ab647e9cc0a598e1524aca17804f0be50a16cf7aa54eca6b39486ec45a93d773

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

fd3b88f66c90f21c91fe5a8c440962688964c6b123c5ad145131d6aa1e2d9e0b

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

aafc259470869cad46ec5ddbc36e42616306c24d1f92798d52b7af379bd73466

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

baeb7e4b5d93289d10bce4f7747b050902c6fb24bc291dfbc9d090ba901be511

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

7de8e1b05247024ec760f7772c2b732497ded8639f350c253bdbf2d284b6cbdb

Section 215 of the Water Resources Development Act of 2000 (33
U.S.C. 2326c) is amended--
(1) in subsection (a)--
(A) by striking ``the date of enactment of the Water
Resources Development Act of 2016'' and inserting ``the date of
enactment of the Water Resources Development Act of 2018''; and
(B) by striking ``shall establish, using available funds, a
pilot program to accept'' and inserting ``shall, using
available funds, accept'';
(2) in subsection (b)--
(A) in paragraph (2), by adding ``and'' at the end;
(B) in paragraph (3), by striking ``; and'' at the end and
inserting a period; and
(C) by striking paragraph (4); and
(3) by striking subsection (f) and inserting the following:
``(f) Report to Congress.--Not later than 3 years after the date of
enactment of the Water Resources Development Act of 2018, the Secretary
shall submit to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a report describing the results of the program
under this section.''.

36e3d7c49c6385afed751dd424c4cda80c2d0c1c4a6cf1dd360d72bb56e036d5

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

3d8e0b5af3d050651c68d870e417c471b7893e5e96a89658f20ded89249f0e10

(a) In General.--In carrying out a project for the beneficial reuse
of sediment to reduce storm damage to property under section 204 of the
Water Resources Development Act of 1992 (33 U.S.C. 2326) that involves
only a single application of sediment, the Secretary may grant a
temporary easement necessary to facilitate the placement of sediment,
if the Secretary determines that granting a temporary easement is in
the interest of the United States.
(b) Limitation.--If the Secretary grants a temporary easement under
subsection (a) with respect to a project, that project shall no longer
be eligible for future placement of sediment under section 204 of the
Water Resources Development Act of 1992 (33 U.S.C. 2326).

05f37b8b9dc981b2c8914abb63518f0238c8042e94427e7cac270654b92f8492

RESTORATION.
(a) Inclusion of Alterative Measures for Aquatic Ecosystem
Restoration.--Section 206 of the Water Resources Development Act of
1996 (33 U.S.C. 2230) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Use of Natural and Nature-Based Features.--In carrying out a
project to restore and protect an aquatic ecosystem or estuary under
subsection (a), the Secretary shall consider, and may include, with the
consent of the non-Federal interest, a natural feature or nature-based
feature, as such terms are defined in section 1184 of the Water
Resources Development Act of 2016, if the Secretary determines that
inclusion of such features is consistent with the requirements of
subsection (a).''.
(b) Amendment to Definition.--Section 1184(a)(2) of the Water
Resources Development Act of 2016 (33 U.S.C. 2289a(a)(2)) is amended by
striking ``in coastal areas''.
(c) Natural Infrastructure.--In carrying out a feasibility report
developed under section 905 of the Water Resources Development Act of
1986 (33 U.S.C. 2282) for a project for flood risk management or
hurricane and storm damage risk reduction, the Secretary shall consider
the use of both traditional and natural infrastructure alternatives,
alone or in conjunction with each other, if those alternatives are
practicable.

a87acc61bf2b73b89c0b74fae75a7745cedba491571076000835a039bb84158f

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

4425b5a006118045740b6d1fb028d35eb4e64080cba33b2c8d03b0445fa69d13

FACILITIES.
(a) In General.--Section 314 of the Water Resources Development Act
of 1990 (33 U.S.C. 2321) is amended--
(1) in the heading by inserting ``navigation and'' before
``hydroelectric facilities'';
(2) in the first sentence, by striking ``Activities currently
performed'' and inserting the following:
``(a) In General.--Activities currently performed'';
(3) in subsection (a) (as designated by paragraph (2)), by
inserting ``navigation or'' before ``hydroelectric'';
(4) in the second sentence, by striking ``This section'' and
inserting the following:
``(b) Major Maintenance Contracts Allowed.--This section''; and
(5) by adding at the end the following:
``(c) Exclusion.--This section does not--
``(1) apply to a navigation facility that was under contract on
or before the date of enactment of this subsection with a non-
Federal interest to perform operations or maintenance; and
``(2) prohibit the Secretary from contracting out commercial
activities after the date of enactment of this subsection at a
navigation facility.''.
(b) Clerical Amendment.--The table of contents contained in section
1(b) of the Water Resources Development Act of 1990 (104 Stat. 4604) is
amended by striking the item relating to section 314 and inserting the
following:
``Sec. 314. Operation and maintenance of navigation and hydroelectric
facilities.''.

92f8c3564402ead5d695cec7134c38de3aa0ddef908c0cf110f7b0b01c76345b

INTERESTS.
Section 203 of the Water Resources Development Act of 1986 (33
U.S.C. 2231) is amended--
(1) in subsection (a)(1), by inserting ``federally authorized''
before ``feasibility study'';
(2) by amending subsection (c) to read as follows:
``(c) Submission to Congress.--
``(1) Review and submission of studies to congress.--Not later
than 180 days after the date of receipt of a feasibility study of a
project under subsection (a)(1), the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that describes--
``(A) the results of the Secretary's review of the study
under subsection (b), including a determination of whether the
project is feasible;
``(B) any recommendations the Secretary may have concerning
the plan or design of the project; and
``(C) any conditions the Secretary may require for
construction of the project.
``(2) Limitation.--The completion of the review by the
Secretary of a feasibility study that has been submitted under
subsection (a)(1) may not be delayed as a result of consideration
being given to changes in policy or priority with respect to
project consideration.''; and
(3) by amending subsection (e) to read as follows:
``(e) Review and Technical Assistance.--
``(1) Review.--The Secretary may accept and expend funds
provided by non-Federal interests to undertake reviews,
inspections, certifications, and other activities that are the
responsibility of the Secretary in carrying out this section.
``(2) Technical assistance.--At the request of a non-Federal
interest, the Secretary shall provide to the non-Federal interest
technical assistance relating to any aspect of a feasibility study
if the non-Federal interest contracts with the Secretary to pay all
costs of providing such technical assistance.
``(3) Limitation.--Funds provided by non-Federal interests
under this subsection shall not be eligible for credit under
subsection (d) or reimbursement.
``(4) Impartial decisionmaking.--In carrying out this section,
the Secretary shall ensure that the use of funds accepted from a
non-Federal interest will not affect the impartial decisionmaking
of the Secretary, either substantively or procedurally.
``(5) Savings provision.--The provision of technical assistance
by the Secretary under paragraph (2)--
``(A) shall not be considered to be an approval or
endorsement of the feasibility study; and
``(B) shall not affect the responsibilities of the
Secretary under subsections (b) and (c).''.

b9982a88d868bab74235ef3464fcd60fba9346b934da4a0c8c58365163d0bc50

FEDERAL INTERESTS.
Section 204 of the Water Resources Development Act of 1986 (33
U.S.C. 2232) is amended--
(1) in subsection (b)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by inserting ``federally authorized'' before ``water
resources development project'';
(B) in paragraph (2)(A), by inserting ``, except as
provided in paragraph (3)'' before the semicolon; and
(C) by adding at the end the following:
``(3) Permit exception.--
``(A) In general.--For a project described in subsection
(a)(1) or subsection (a)(3), or a separable element thereof,
with respect to which a written agreement described in
subparagraph (B) has been entered into, a non-Federal interest
that carries out a project under this section shall not be
required to obtain any Federal permits or approvals that would
not be required if the Secretary carried out the project or
separable element unless significant new circumstances or
information relevant to environmental concerns or compliance
have arisen since development of the project recommendation.
``(B) Written agreement.--For purposes of this paragraph, a
written agreement shall provide that the non-Federal interest
shall comply with the same legal and technical requirements
that would apply if the project or separable element were
carried out by the Secretary, including all mitigation required
to offset environmental impacts of the project or separable
element as determined by the Secretary.
``(C) Certifications.--Notwithstanding subparagraph (A), if
a non-Federal interest carrying out a project under this
section would, in the absence of a written agreement entered
into under this paragraph, be required to obtain a
certification from a State under Federal law to carry out the
project, such certification shall still be required if a
written agreement is entered into with respect to the project
under this paragraph.
``(4) Data sharing.--
``(A) In general.--If a non-Federal interest for a water
resources development project begins to carry out that water
resources development project under this section, the non-
Federal interest may request that the Secretary transfer to the
non-Federal interest all relevant data and documentation under
the control of the Secretary with respect to that water
resources development project.
``(B) Deadline.--Except as provided in subparagraph (C),
the Secretary shall transfer the data and documentation
requested by a non-Federal interest under subparagraph (A) not
later than the date that is 90 days after the date on which the
non-Federal interest so requests such data and documentation.
``(C) Limitation.--Nothing in this paragraph obligates the
Secretary to share any data or documentation that the Secretary
considers to be proprietary information.'';
(2) by amending subsection (c) to read as follows:
``(c) Studies and Engineering.--
``(1) In general.--When requested by an appropriate non-Federal
interest, the Secretary shall undertake all necessary studies,
engineering, and technical assistance on construction for any
project to be undertaken under subsection (b), and provide
technical assistance in obtaining all necessary permits for the
construction, if the non-Federal interest contracts with the
Secretary to furnish the United States funds for the studies,
engineering, or technical assistance on construction in the period
during which the studies, engineering, or technical assistance on
construction are being conducted.
``(2) No waiver.--Nothing in this section may be construed to
waive any requirement of section 3142 of title 40, United States
Code.
``(3) Limitation.--Funds provided by non-Federal interests
under this subsection shall not be eligible for credit or
reimbursement under subsection (d).
``(4) Impartial decisionmaking.--In carrying out this section,
the Secretary shall ensure that the use of funds accepted from a
non-Federal interest will not affect the impartial decisionmaking
of the Secretary, either substantively or procedurally.''; and
(3) in subsection (d)--
(A) in paragraph (3)--
(i) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(ii) in subparagraph (B)(ii), by striking the period at
the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) in the case of reimbursement, appropriations are
provided by Congress for such purpose.''; and
(B) in paragraph (5)--
(i) by striking ``flood damage reduction'' each place
it appears and inserting ``water resources development'';
(ii) in subparagraph (A), by striking ``for a discrete
segment of a'' and inserting ``for carrying out a discrete
segment of a federally authorized''; and
(iii) in subparagraph (D), in the matter preceding
clause (i), by inserting ``to be carried out'' after
``project''.

44fd31a5967615ae4783a1374bd426813463121bf0a674650ff06f09df9d74d9

BACKLOG REPORT.
(a) In General.--Section 1001 of the Water Resources Development
Act of 1986 (33 U.S.C. 579a) is amended--
(1) by striking the section designator and all that follows
through ``Any project'' and inserting the following:
``SEC. 1001. CORPS BUDGETING; PROJECT DEAUTHORIZATIONS; COMPREHENSIVE
BACKLOG REPORT.
``(a) Any project''; and
(2) in subsection (b), by striking paragraphs (3) and (4) and
inserting the following:
``(3) Comprehensive construction backlog and operation and
maintenance report.--
``(A) In general.--The Secretary, once every 2 years, shall
compile and publish--
``(i) a complete list of all projects and separable
elements of projects of the Corps of Engineers that are
authorized for construction but have not been completed;
``(ii) a complete list of all feasibility studies of
the Corps of Engineers that Congress has authorized the
Secretary to carry out for which a Report of the Chief of
Engineers has not been issued;
``(iii) a complete list of all environmental
infrastructure projects authorized by Congress under
section 219 of the Water Resources Development Act of 1992
(106 Stat. 4835); and
``(iv) a list of major Federal operation and
maintenance needs of projects and properties under the
control of the Corps of Engineers.
``(B) Required information.--The Secretary shall include on
each list developed under clause (i), (ii), or (iii) of
subparagraph (A) for each feasibility study, project, and
separable element on that list--
``(i) the date of authorization of the feasibility
study, project, or separable element, including any
subsequent modifications to the original authorization;
``(ii) the original budget authority for the
feasibility study, project, or separable element;
``(iii) a brief description of the feasibility study,
project, or separable element;
``(iv) the estimated date of completion of the
feasibility study, project, or separable element, assuming
all capability is fully funded;
``(v) the estimated total cost of completion of the
feasibility study, project, or separable element;
``(vi) the amount of funds spent on the feasibility
study, project, or separable element, including Federal and
non-Federal funds;
``(vii) the amount of appropriations estimated to be
required in each fiscal year during the period of
construction to complete the project or separable element
by the date specified under clause (iv);
``(viii) the location of the feasibility study,
project, or separable element;
``(ix) a statement from the non-Federal interest for
the project or separable element indicating the non-Federal
interest's capability to provide the required local
cooperation estimated to be required for the project or
separable element in each fiscal year during the period of
construction;
``(x) the benefit-cost ratio of the project or
separable element, calculated using the discount rate
specified by the Office of Management and Budget for
purposes of preparing the President's budget pursuant to
chapter 11 of title 31, United States Code;
``(xi) the benefit-cost ratio of the project or
separable element, calculated using the discount rate
utilized by the Corps of Engineers for water resources
development project planning pursuant to section 80 of the
Water Resources Development Act of 1974 (42 U.S.C. 1962d-
17); and
``(xii) the last fiscal year in which the project or
separable element incurred obligations.
``(C) Required operation and maintenance information.--The
Secretary shall include on the list developed under
subparagraph (A)(iv), for each project and property under the
control of the Corps of Engineers on that list--
``(i) the authority under which the project was
authorized or the property was acquired by the Corps of
Engineers;
``(ii) a brief description of the project or property;
``(iii) an estimate of the Federal costs to meet the
major operation and maintenance needs at the project or
property; and
``(iv) an estimate of unmet or deferred operation and
maintenance needs at the project or property.
``(D) Publication.--
``(i) In general.--For fiscal year 2020, and once every
2 years thereafter, in conjunction with the President's
annual budget submission to Congress under section 1105(a)
of title 31, United States Code, the Secretary shall submit
a copy of the lists developed under subparagraph (A) to--
``(I) the Committee on Environment and Public Works
and the Committee on Appropriations of the Senate and
the Committee on Transportation and Infrastructure and
the Committee on Appropriations of the House of
Representatives; and
``(II) the Director of the Office of Management and
Budget.
``(ii) Public availability.--The Secretary shall make a
copy of the lists available on a publicly accessible
website site in a manner that is downloadable, searchable,
and sortable.''.
(b) Budgetary Evaluation Metrics and Transparency.--Beginning in
fiscal year 2020, in the formulation of the annual budget request for
the U.S. Army Corps of Engineers (Civil Works) pursuant to section
1105(a) of title 31, United States Code, the President shall ensure
that such budget request--
(1) aligns the assessment of the potential benefit-cost ratio
for budgeting water resources development projects with that used
by the Corps of Engineers during project plan formulation and
evaluation pursuant to section 80 of the Water Resources
Development Act of 1974 (42 U.S.C. 1962d-17); and
(2) demonstrates the transparent criteria and metrics utilized
by the President in the evaluation and selection of water resources
development projects included in such budget request.
(c) Public Participation.--In the development of, or any proposed
major substantive modification to, a proposed budget for water
resources development projects, the Secretary, through each District
shall, not less frequently than annually--
(1) provide to non-Federal interests and other interested
stakeholders information on the proposed budget for projects or
substantive modifications to project budgets within each District's
jurisdiction;
(2) hold multiple public meetings to discuss the budget for
projects within each District's jurisdiction; and
(3) provide to non-Federal interests the opportunity to
collaborate with District personnel for projects within each
District's jurisdiction--
(A) to support information sharing; and
(B) to the maximum extent practicable, to share in concept
development and decisionmaking to achieve complementary or
integrated solutions to problems.

f29737c6c86e6e7d4a2c149c75efc459ffff2b6750e3c194dcb5c55ba367f9a6

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

d42e504cc3a04a4977585e4e68d3ef5db062dc9d7031133fdefad5f8ed533149

TERRITORIES AND INDIAN TRIBES.
Section 1156(b) of the Water Resources Development Act of 1986 (33
U.S.C. 2310(b)) is amended by striking ``the date of enactment of this
subsection'' and inserting ``the date of enactment of the Water
Resources Development Act of 2018''.

514cbd9115b88dc756c22a9068b7012e40d0ef75ff860d43b905f60e48181c9a

America's Water Infrastructure Act of 2018 — S. 3021

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

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