2018-05-09 Minutes
9 May 2018
Meeting Minutes
Chairman Barbour called the Port, Waterway & Beach Commission (PWBC) meeting to order at
~4:00.
Participant introductions were made; the meeting’s attendance sheet is attached.
The April 2018 meeting minutes were approved.
Current Efforts
Wrightsville Beach’s (WB) Coastal Storm Damage Reduction (CSDR) Project, Validation Study
(post authorization change report):
The US Army Corps of Engineers (USACE) held a public scoping meeting in the WB
Town Hall on 26Apr2018. A June 2019 DRAFT document release date was shared. A
21May2018 Alternatives Milestone conference call has been scheduled by the
Wilmington District with Atlanta, Head Quarters, the Town and County. The conference
call will provide an in-progress review.
Carolina Beach (CB) CSDR Project, Beach Renourishment Evaluation Report (BRER):
The USACE held a public scoping meeting on 6Mar2018 with a target DRAFT report
release date in May 2019.
CB and Kure Beach (KB) FY19 CSDR Maintenance Projects:
The USACE held a preliminary plans and specifications status meeting on 17April2018
in CB Town Hall including KB, the Division of Water Resources and the County. The
County provided the USACE the 2018 shoreline mapping data for CB and KB on
2May2018. On 4May2018, the USACE requested the non-federal cost share for both
projects; the request will go before the County Board of Commissioners on 21May2018.
Mason Inlet Relocation Project (MIRP):
The project’s 2018 surveying is complete; the engineering analysis is underway. The
project’s waterbird management area is very active with early use by many species. The
“clean sweep” adaptive management approach will be presented to the WB Town
Council on 10May2018 @ 6:00.
Carolina Beach Inlet (CBI):
June is the next scheduled CBI maintenance dredging event. The USACE’s sidecast
dredgeMerritt is anticipated as the plant’s first post-shipyard event. The next shallow
draft inlet meeting is schedule for 23May2018 in New Bern.
USACE surveys can be found at
http://www.saw.usace.army.mil/Missions/Navigation/Hydrogrrahic-Surveys/Inlets=Crossings/
Shoreline Mapping Program:
The 2018 shoreline transect surveys are complete; the engineering analysis is underway.
Refined Coastal Modeling (RCM):
CB and KB analyses are underway; completions and presentations are anticipated this
summer.
Legislative Updates:
Ruth Smith updated County lobbying efforts in Washington, focusing on the BRER’s
potential 15-year timeline and the expedited completion of both the BRER and the
Validation Study. The Senate’s Environment and Public Works Committee has released
initial legislative language; a summary by section is attached. Ruth noted recent local
visits and project updates with staff from both offices of Representative Rouzer and
Senator Tillis.
Tom Fetzer, advocate for the County in the NC General Assembly, summarized efforts
attempting to secure dedicated funding for the North Carolina Coastal Storm Damage
Mitigation fund. Upcoming short session and long session strategies are being
developed. A reallocation of the current Deed Stamp Tax between multiple interests
appears viable. However, no commitments have been made and all potential strategies
are still in design.
Public Comment:
Chairman Barbour noted the North Carolina Beach Inlet and Waterway
Association’s (NCBIWA) Spring Meeting and the positive comments received from
event participants.
Spencer Rogers of Sea Grant urged general descriptors of shore protection/beach
nourishment projects allowing funding flexibility within NC coastal communities.
Meeting Adjourned!
Agenda
9 May 2018, 4:00PM
New Hanover County, Government Center
Finance Conference Room, 500
4:00 Call to Order
Welcome/Introductions
Request approval of the April meeting minutes (emailed 12Apr2018).
Current Efforts:
Wrightsville Beach (WB) Coastal Storm Damage Reduction (CSDR) Project, Validation
Report
A public scoping meeting was held on 26Apr2018.
A draft document release date is tentatively June 2019.
Carolina Beach (CB) and Kure Beach (KB) FY19 CSDR Project
A preliminary planning meeting was held on 17Apr2018.
NHC’s 2018 shoreline mapping data has been provided to the USACE.
CB Beach Renourishment Evaluation Report (BRER)
A public scoping meeting was held on 6Mar2018.
A draft document release date is tentatively May 2019.
Mason Inlet Relocation Project (MIRP)
The MIRP’s 2018 project surveys are complete.
The Waterbird Mgt. Area has become very active early this year.
A Clean Sweep presentation is scheduled for 10May2018 at WB Town Hall.
Carolina Beach Inlet (CBI)
Theis scheduled for a late June, seven-day (12-hrs/day) event.
Merritt
Shoreline Mapping Program
The 2018 field surveys are complete; the engineering analysis is beginning.
Refined Coastal Modeling (RCM)
The CB/KB refined coastal modeling completion is anticipated for mid-summer.
DC Delegation Staff
Representative Rouzer’s Communication Director and Senator Tillis’s
Regional Representative visited on 1May2018.
Public Comment:
Adjourn
A
Section-by-Section
Sec.1. Short title; table of contents.
Sec.2. Definition of Secretary.
Sec.1001. Corps budgeting.
This section requires that the United States Army Corps of Engineers (the Corps) headquarters
and districts provide Congress with a work plan and four year projected budget on an annual
basis.
This section will provide 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 will also increase
public participation and increase transparency and accountability.
Sec.1002. National Academy studies.
This section requires the National Academy of Sciences to conduct studies to examine how the
Corps can increase transparency in cooperating with Congress, State and local units of
government, and local stakeholders, as well as other cost-share partners, government agencies,
and stakeholders.
This section 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.
This section requires that the Comptroller General of the United States (the Comptroller General)
conduct and submit to Congress a study on the benefit-cost procedures of the Secretary and the
Director of OMB within 1 year after enactment of ure Act of 2018.
The study should include (1) an examination of the benefits that the Secretary and Director do
and do not include in the benefit-cost 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.
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Sec.1004. Transparency and accountability in cost-sharing for water resources projects.
This section amends the current Corps cost-sharing requirements for feasibility studies and
project construction to require that whenever a local cost-share is required for a water resources
development project, each Corps district is required to maintain a balance sheet of the funding
for the project. The Corps must provide the balance sheet to the non-Federal sponsor upon
request.
This section requires that 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. 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.
This section mandates that in the case of a project executed by the Secretary under an existing
agreement resulting in the non-Federal sponsor having unreimbursed funds, on the request of the
non-Federal sponsor, the Secretary has two options: to either (1) credit the unreimbursed funds to
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.
This section amends section 225(c) of WRDA 1992 so that a non-Federal private entity, like
non-Federal public entities, may enter into cooperative agreements with the Secretary to collect
user fees for the development of recreation sites and facilities. This would be regardless of
whether the site and facilities were developed or constructed by the non-Federal entity or
Department of the Army.
Under this section 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.
The section also states that the non-Federal private entity is bound to all the same regulations and
requirements as a non-Federal public entity.
Sec.1007. Cost estimates.
This section amends section 2008 of WRDA 2007 in order to prevent 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.
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Sec.1008. Retroactive changes to cost-sharing agreements.
This section 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
of WRDA 1996.
Pursuant to this section of , 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.
This section 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.
This section mandates that the Secretary provide a report to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and Infrastructure of the House
of Representatives within 1 year of enactment of frastructure Act of 2018.
The report will concern 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. 11185; 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.
This section amends section 105(a)(1) of WRDA 1986 in the case of a feasibility study for a
project for the mitigation of damage to an area affected by weather or other events. If (1) the
Secretary provided emergency response under section 5 of the Flood Control Act of 1941, or the
area received disaster assistance under the Stafford Act during the 8-year period preceding the
enactment of , and (2) there is a significant risk for
future similar events, then the Federal cost-share of the feasibility study will be between 50 and
100 percent.
Sec.1012. Extended community assistance by the Corps of Engineers.
This section amends section 5(a) of the Flood Control Act of 1941 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 resiliency. 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 Safe Drinking Water Act).
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This section contains a sunset provision ending the authority of the Secretary to provide extended
assistance 2 years after enactment of .
Sec.1013. Advanced funds for water resources development studies and projects.
This section amends the Act of October 15, 1940. 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 it is 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.
This section directs the Secretary to issue guidance to implement the provisions of the WRRDA
2014 and WIIN 2016 within 120 days after the date of enactment of
Infrastructure Act of 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 .
Sec.1015. Implementation guidance for this Act.
This section requires that any implementation guidance issued to carry out
Infrastructure Act of 2018, or any amendments made by it with respect to a provision of law
under the jurisdiction of the Secretary, must be issued within 1 year of enactment of
Water Infrastructure Act of 2018. This section does not apply to a provision of law for which a
lack of appropriated funds prevents the issuance of implementation guidance.
Sec.1016. Easements for certain rural electric, telephone, and broadband service facilities.
This section amends section 1172 of WIIN 2016. It requires that the Secretary 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 7 U.S.C. 901 et. seq. The
easement cannot interfere with the safe functioning of the project and the placement of the
Sec.1017. Corps capabilities.
This section states that the Secretary shall conduct the study currently authorized by section 936
of WRDA 1986 and complete it within 1 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 and to comply with all requirements of law
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Sec.1018. Project authorization funding lines.
This section 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.
Sec.1019. Consolidation of studies; report.
This section requires the Secretary to complete a study and report to Congress within 1 year of
enactment of on potential unintended consequences
of section 1002 of WRRDA 2014. The goal is to ensure that section 1002 of WRRDA 2014, as
related to feasibility scoping, project management planning, and review plan development.
Section 1002 of WRRDA 2014 repealed requirements that the Corps of Engineers 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 when it is
clear that a project in the public interest is not possible for technical, legal, or financial reasons.
Sec.1020. Non-Federal study and construction of projects.
This section amends section 203(e) of WRDA 1986 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
with Federal laws and regulations and to make recommendations to Congress on the plan or
design of the project.
Sec.1021. Reports to Congress.
This section requires that if the Secretary fails to provide a completed report or study called for
under f 2018 by 180 days after the applicable date that
$5,000 must be reprogrammed from the General Expenses account of the civil works program of
the Corps, and an additional $5,000 each week thereafter. The total amount per study or report
cannot exceed $50,000 in any fiscal year and the total amount reprogrammed per study or report
cannot exceed $100,000.
This section allows the Secretary to avoid the reprogramming of funds if the Secretary certifies
to Congress that either a major modification has been made to the content of the report or study;
funds to carry out the report or study were not appropriated; or additional information is required
for the Corps to complete it in a timely manner.
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Sec.1022. Disposition studies.
This section 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.
This section requires that in each feasibility study carried out by the Secretary for a flood risk
management or hurricane and storm damage risk reduction project, the Secretary must consider
the use of both traditional and natural infrastructure alternatives, alone or in conjuncture with
each other, if those alternatives are practicable.
Sec.1024. Watercraft inspection stations.
This section 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 to $30
It also provides $30 million in authorized appropriations for inspection stations in the Upper
Missouri River Basin.
Sec.1025. Reauthorization of non-Federal implementation pilot program.
This section extends the authorizations and authorizations of appropriations of the non-Federal
implementation pilot programs at $50 million for each of fiscal years 2020 through 2021. These
pilot programs evaluate 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 coastal harbor
and channel and inland harbor navigation.
Sec.1026. Project studies subject to independent peer review.
This section extends the statutory obligation for the Secretary to carry out independent peer
reviews during the development of feasibility studies for an updated total of seventeen years
from November 8, 2007. The Secretary is also required to complete a report within 1 year of
enactment of ure Act of 2018 analyzing cost and time overruns for
projects subject to section 2034 of WRDA 2007 and to submit it 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.
This section extends through December 31, 2024, the expedited considerations procedure for the
House and Senate so that they can consider authorization of certain water resource development
or conservation projects outside of the regular WRDA authorization cycles.
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Sec.1028. WIFIA study.
This section requires the Secretary to conduct a study on WIFIA implementation impediments.
The study should look into the obstacles that need to be removed so that the Secretary can
implement the Water Infrastructure Finance and Innovation Act (33 U.S.C. 3901 et seq.),
identify all projects that the Secretary determines are potentially viable to receive assistance, and
identify any amendments to the Act or other legislative or regulatory changes that would
. 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 1 year after
enactment of .
Sec.1029. Enhanced development demonstration program.
This section directs the Secretary to review the master plan and shoreline management plan for
any lake described in section 3134 of WRDA 2007. The purpose is to identify suitable areas for
enhanced development, as defined. The Secretary is authorized under this section to lease
Such leases must
require payment of at least fair market value; enter into a partnership agreement with the private
sector; consider lease durations of up to 100 years; and consider regional economic impacts. The
Secretary is also authorized to accept certain in-kind contributions as payment.
This section also requires that the Secretary complete a study and submit to Congress within two
years of enactment of . The study should address the
application of enhanced use leasing authorities, and other military leasing authorities to the
description of the obstacles that must be removed to implement the authorities.
Sec.1030. Duplication of efforts.
This section concerns the case of a project in which the non-Federal sponsor is working with an
institution of higher education on a water resources project. In order to reduce duplicative efforts,
the Secretary must consider hiring an institution of higher education or entity, in accordance with
any applicable contract law, to provide assistance under section 22 of WRDA 1974 with respect
to that same project.
Sec.1031. Corps of Engineers Board of Appeals for certain water storage projects.
This section creates a Board of Appeals for water storage projects undergoing consideration of a
permit decision. The Board is made up of two representatives of state water development
commissions and agencies with water storage needs, two representatives of the Corps of
Engineers, and one representative jointly selected by the Secretary and entities. The provision
requires the District Engineer to develop and provide to the applicant a purpose and needs
statement that describes whether it concurs with the purpose and need statement of the
applicant. The applicant then has the opportunity to appeal the purpose and need statement. The
provision also requires that all permit conditions be provided to the applicant in advance of a
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permit decision. The applicant then has the opportunity to appeal the conditions prior the District
Sec.1032. Sense of Congress relating to local role in Corps projects.
This section statesthe sense of Congress that in a case in which a local non-Federal interest takes
on what is normally a Federal responsibility for certain operation, maintenance, or capital
improvement expenses of a project of the Secretary, the expenditure of such funds by a 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.
This section states the sense of Congress that the amendment to section 203 of WRDA 1986
made by section 1126 of WIIN 2016, 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.
This section states the sense of Congress that the Secretary should simplify and expedite the
process for including in-kind work in project partnership agreements to allow for more flexibility
for potential changes to 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.
This section states the sense of Congress that the Secretary should ensure that Corps
infrastructure can endure extreme weather, mitigate flooding and other negative 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 including natural and nature-based solutions.
Sec.1036. Alterations to local flood control projects.
This section provides the District Engineer of each district of the Corps 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).
Sec.2001. Authorization of proposed feasibility studies.
This section authorizes the Secretary to conduct feasibility studies for 9 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 the Water Resources Reform
and Development Act of 2014, or otherwise reviewed by Congress.
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(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.
This section authorizes the Secretary to conduct a study on the function and reliability of the
Lower Missouri River Bank stabilization and navigation project.
Sec.2101. Savannah Harbor expansion project.
This section 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.
This section deauthorizes the project for Svensen Island, Oregon, as of the date of enactment of
.
Sec.2103. Whittier Narrows study.
This section requires a study by the Secretary regarding the Whittier Narrows Dam Project to
evaluate the impacts of removing 1 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
2018.
Sec.2104. West Tennessee tributaries project, Tennessee.
This section deauthorizes the West Tennessee tributaries project along the Obion and Forked
Deer rivers and tributaries, as of the date of enactment of
2018.
Sec.2105. Bridgeport Harbor-Pequonnock River navigation project, Connecticut.
This section 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
Water Infrastructure Act of 2018.
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Sec.2106. Levees L-212 and L-231, Four River Basin, Ocklawaha River, Florida.
This section 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
.
Sec.2107. Corps of Engineers bridge repair and divestiture program for New England
evacuation routes.
This section 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. To the maximum extent practicable, the Secretary must transfer each
bridge to a willing non-Federal entity after the completion of the repair or replacement of the
bridge. Thereafter, the non-Federal entity shall assume ownership and responsibility for the
operation and maintenance of the bridge.
Sec.2108. Boston Harbor reserved channel deauthorizations.
This section deauthorizes portions of the Boston Harbor, Massachusetts, navigation project
authorized by the first section of the Act of October 17, 1940, 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 from 7 to 10 years. The Secretary must not count any period of time during which
awaiting a decision by the Secretary.
Subsection (b) extends the period for deauthorization of studies under WRRDA 2014 section
1001(d)(4) from 7 to 10 years.
Sec.2110. Deauthorization of inactive studies.
This section purpose is to identify for deauthorization $7 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 . 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.
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This section 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.
Sec.2201. Project authorizations.
This section authorizes 6 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.
This section 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 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.
This section amends section 219(f) of WRDA 1992 to authorize cost increases to specific
projects: it changes the geographic scope of the Lake Marion Regional Water Agency/Lake
Marion and Moultrie environmental infrastructure project; it addresses the Harbor/South
Baywater recycling project; and it addresses wastewater infrastructure in Charlotte County,
Florida.
This section 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.
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Sec.2204. Conditional reauthorization of environmental projects.
This section 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
2018.
Sec.2205. Sense of Congress relating to West Haven, Connecticut.
This section 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. Sense of Congress relating to Coastal Texas study.
This section states the sense of Congress that the Secretary should expedite the completion of
projects for flood damage reduction, hurricanes and storm damage reduction, and ecosystem
restoration in the coastal areas of Texas identified in the upcoming Corps Tentatively Selected
Plan resulting from the Coastal Texas Study due in 2018.
Sec.2301. Rahway River Basin flood risk management project.
This section requires the Secretary to give priority funding and expedite completion of the 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.
Sec.2302. Hudson-Raritan Estuary Comprehensive Restoration Project.
This section 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.
Sec.2303. Certain projects in Rhode Island.
This section 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.
This section 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.
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Sec.2305. Plymouth Harbor, Massachusetts.
This section 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.
This section 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.
This section 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.
Sec.2308. Portsmouth Harbor and Piscataqua River.
This section states that the Secretary shall expedite the Portsmouth Harbor and Piscataqua River
Navigation Improvement Project.
Sec.2309. Blain Road footbridge, Thompson, Connecticut.
This section 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.
This section states that the Secretary shall follow the current law under section 1185 of WIIN
2016 with respect to the Table Rock Lake Master Plan and Table Rock Lake Shoreline
Management Plan, for Table Rock Lake, located in Missouri and Arkansas.
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 Management Plan. That section also entailed that an oversight committee be
established to review permits and advise the Corps on revisions to the master plan and
management planthe oversight committee has not yet been implemented.
Sec.2311. McCook Reservoir, Illinois.
This section states that the Secretary shall consider McCook Reservoir project as a priority for
implementation under section 1043(b) of WRRDA 2014.
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Sec.2312. Baptiste Collette Bayou study, Louisiana.
This section 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.
Sec.2313. Morganza to the Gulf, Louisiana.
This section 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.
Sec.2314. Louisiana Coastal Area.
This section 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.
Sec.2315. Louisiana Coastal Area-Barataria Basin Barrier.
This section 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.
Sec.2316. West Shore Lake Pontchartrain, Louisiana.
This section 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.
Sec.2317. Southwest Coastal Louisiana.
This section 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.
Sec.2318. New York-New Jersey Harbor and Tributaries feasibility study.
This section states that, not later than ninety days after the date of enactment of this Act, the
Secretary shall complete the New York-New Jersey Harbor & Tributaries Focus Area Feasibility
Study authorized by the first section of the Act of June 15, 1955.
Sec.2319. Lower Brule shoreline stabilization project.
This section states that the Secretary shall carry out a project for shoreline stabilization on the
Lower Brule Reservation, South Dakota, pursuant to section 203 of the WRDA 2000. The
Federal share of the cost of each separable element of the project cannot surpass $10,000,000.
14
Sec.2320. Hampton Harbor, New Hampshire, navigation improvement project.
This section 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.
This section 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.
This section requires that the Secretary expedite completion of the ongoing disposition study
regarding the divestiture of lock and dam 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 and possible
changes in lock and dam use.
Sec.3001. Corps of Engineers continuing authorities program.
This section amends existing laws to provide for an increase in authorized appropriations for the
under sections 103, 111, 205, and 1135 by
approximately 50 percent, and also increases the per project amounts under these programs by 50
percent. This section also provides a 25 percent increase in authorized appropriations for each of
under sections 107, 204 and 206, and an increase in
the per project amount under these programs by 25 percent.
This section further includes language specifying under section 1135 of WRDA 1986 (33 U.S.C.
2309a), the Secretary should prioritize those projects in the Upper Missouri River Basin that
restore degraded ecosystems through the modification of existing flood management projects.
Sec.3002. Sense of Congress relating to continuing authorities program.
This section 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.
This section reinforces section 1030 of WRRDA 2014, requiring the Secretary to make both the
list of prioritized CAP projects and the annual report required on the status of each CAP
program, thereunder, available via the Federal Register and on a publicly available website.
15
Sec.3101. GAO Study on navigation and ecosystem sustainability program.
This section authorizes the Comptroller General to conduct a study on the Navigation and
Ecosystem Sustainability Program, including determining what obstacles need to be removed to
implement this program in an expeditious manner. The study must be completed and submitted
to Congress within 1 year of enactment of .
Sec.3111. Authorization of appropriations for purchase of hopper dredge.
rchase of a new
hopper dredge for beach nourishment and shoreline protection. This hopper dredge is to be used
primarily in areas that have been consistently damaged by extreme weather events.
Sec.3112. Authorization of appropriations for purchase of mat sinking unit.
mat
sinking unit to maintain the Mississippi River channel and prevent channel migration, support
uninterrupted river commerce, prevent threats to
Sec.3113.Hopper dredge and mat sinking unit.
This section 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 hopper dredge and mat
sinking unit.
Sec.3114. Sense of Congress for Kennebec River Federal navigation channel.
This section states the sense of Congress that periodic maintenance dredging of the Kennecbec
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 for Wilmington Harbor dredging.
This section states the sense of Congress that the Secretary should prioritize annual dredging for
the harbor in Wilmington, Delaware.
Sec.3116. Port of Arlington.
This section would amend the existing authorization to allow the Secretary to reimburse the Port
of Arlington 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.
This section directs the Secretary to establish a demonstration program to allow a project
authorized under section 211 of WRDA 1996 to begin preliminary engineering and design (PED)
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after the completion of a feasibility study and an environmental impact statement for the project.
For each project authorized to begin PED under the demonstration program, the project must
conform to the final feasibility study and environmental impact statement (EIS) for the project
and the Secretary and the non-Federal sponsor must jointly agree to the construction design of
the project. Repayment by the non-Federal sponsor is required if the project does not receive a
am
terminates 5 years after enactment of .
Sec.3118. Expedited initiation.
This section amends section 1322(b)(2) of WIIN 2016 to direct the Secretary to not only give
priority funding and expedite completion of the reports for certain listed projects listed therein,
but also immediately initiate PED for the project once the general revaluation report has been
submitted to the Major Subordinate Command for approval.
Sec.3121. Report on debris removal.
This section requires that within 180 days of enactment of
2018 that the Secretary report to Congress to what extent the Corps has used its authority to
remove debris from federal channels and adjacent waters. The report must also describe how the
Secretary has evaluated potential debris removal projects and detail recommendations for a pilot
program to implement the limits of this authority.
Sec.3122. Cape Arundel Disposal Site, Maine.
This section authorizes the Cape Arundel Disposal Site for dredge material disposal to remain
open until the earliest either of 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.
This section amends section 1131(3) of WRDA 1986 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.
This section states the sense of Congress that the Secretary may use its authority under section 9
of the Flood Control Act of 1946 to remedy the erosion issues on the Ohio River near
Clarksville, Indiana.
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Sec.3201. Certain levee improvements.
This section 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.
This section raises the per project cost limit under section 1177 of WIIN 2016 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. It also increases the authorization
of appropriations to carry out section 1177 to $40 million for each of fiscal years 2017 through
2026.
Sec.3203. Non-Federal dams.
This section 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 December 22, 1944.
Sec.3204. Reauthorization of National Dam Safety Program Act.
This section extends the authorization of appropriations for the National Dam Safety Program
Act at $13.9 million for each of fiscal years 2020 through 2021. The Federal Emergency
and awareness initiative to assist the public in preparing for, mitigating for, responding to, and
recovering from dam incidents.
Sec.3205. Sense of Congress relating to implementation guidance for dam safety repair
projects.
This section states the sense of Congress that the Corps should expeditiously issue
implementation guidance for section 1139 of WIIN for dam safety repair projects.
Sec.3206. Reauthorization of national levee safety program.
This section extends the authorization of appropriations for the national levee safety program for
fiscal years 2020 through 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.
This section 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
18
authorizes the acceptance and expenditure of funds contributed by non-Federal interests to
system.
Sec.3208. Restricted areas at Corps of Engineers dams.
This section extends the prohibition against the Secretary from installing permanent barriers or
River in Kentucky and Tennessee for 5 years after enactment of
Act of 2018.
Sec.3209. Certain Bureau of Reclamation dikes.
This section establishes the Federal share of the operations and maintenance costs of a dike at
100 percent for those owned by the Bureau of Reclamation on the date enactment of
Water Infrastructure Act of 2018, the construction of which was completed by December 31,
1945, and a corrective action study for which was completed not later than December 31, 2015.
Sec.3210. Rehabilitation of high hazard potential dams.
This section amends section 8A of the National Dam Safety Program Act to require that a non-
Federal sponsor 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.
This section 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 of
Engineers and as of the date of enactment of , the
Secretary shall continue to be responsible for the its maintenance until the earlier of 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
2018.
Sec.3301. Authority to make entire active capacity of Fontenelle Reservoir available for
use.
This section 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
19
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.
This section requires 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.
This section 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.
This section 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, including
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.
This section 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
.
Sec.3306. Sense of Congress relating to water-related infrastructure in Idaho, Montana,
rural Nevada, New Mexico, rural Utah, and Wyoming.
This section states the sense of Congress that the authorization of appropriations under section
595 of 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.
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Sec.3401. Missouri River reservoir sediment management.
This section amends section 1179(a) of WIIN 2016 by requiring that the Secretary of Interior and
the Secretary, to the maximum extent practicable, prioritize funds to multi-state sediment
management plans developed thereunder, and makes clear that the U.S. Bureau of Reclamation
shall participate in this sediment management pilot program.
Sec.3402. Reservoir sediment.
This section amends section 215 of WRDA 2000. It makes permanent a pilot program that
requires the Secretary, within 180 days of enactment of
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.
This section 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 3 years of
enactment of .
Sec.3403. Regional sediment management.
This section amends section 204 of WRDA 1992 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
projects associated with Federal water resources projects and reclamation projects.
Sec.3501. Ice jam prevention and mitigation.
This section amends section 1150(c) of WIIN 2016 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 that the Secretary select at least 1 project on a reservation that serves more than 1 Indian
tribe. In addition, projects in the Upper Mississippi River Basin are to be given priority under
this section.
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Sec.3502. Upper Missouri River Basin flood and drought monitoring.
This section prioritizes funds to section 4003(a) of WRRDA 2014 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, USDA
Natural Resources Conservation Service, the U.S. Geological Survey, and U.S. Bureau of
Reclamation, to carry out activities to improve and support management of Corps projects,
including soil moisture and snowpack monitoring, restoring and maintaining existing snowpack
monitoring sites, and operating streamflow gages.
Sec.3503. Policies that impact flood fight management projects within urban areas.
This section mandates that a study of flooding within urban floodplains is to be completed by the
Secretary within 1 year of enactment of .
address urban flooding, including the current Corps policy, as set forth in 33 C.F.R. Part 238
(Flood Damage Reduction Measures in Urban Areas), which 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.
This section 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 for the two component projects in section
1401(2) of the WIIN 2016.
Sec.3601. Long-term flood risk reduction, Upper Missouri River Basin, Snake River Basin,
and Red River Basin.
This provision amends section 5 of the Flood Control Act, which addresses P.L. 84-99 (Flood
Control and Coastal Emergency Act) for emergency management activities. It provides 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 constructed project that becomes permanent
under section 5 of P.L. 84-99 due to the extended presence of assistance from the Secretary from
the emergency fund under 33 U.S.C. 701n(a). The Secretary may provide assistance for any
period, and a project carried out under 33 U.S.C. 701n(a) is subject to the cost-sharing provisions
that would otherwise apply to such a project under this section. This authority to provide
assistance expires ten years after enactment of .
22
Sec.3602. Sense of Congress relating to provision of resources for emergency infrastructure
repairs.
This section expresses the sense of Congress that non-Federal entities may provide resources for
emergency repairs under section 1024 of WRRDA 2014, regardless of the cause of the
emergency.
Sec.3603. Sense of Congress on emergency management assistance.
This section states the sense of Congress that the Secretary may provide technical assistance and
other support to State emergency management agencies to assist the 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.
This section increases the amount of authorized appropriations under the Great Lakes Fish and
Wildlife Restoration Act of 1990 by 10 percent for each of fiscal years 2019 through 2021.
Sec.3605. Great Lakes Restoration Initiative.
This section increases the amount of authorized appropriations for the Great Lakes Restoration
Initiative by $30 million in fiscal year 2019, $60 million in fiscal year 2020, and $90 million in
fiscal year 2021.
Sec.3606. Great Lakes Coastal Resiliency study.
This section authorizes the Great Lakes Coastal Resiliency study under section 729 of WRDA
1986, 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.
This section reauthorizes a non-Federal interest to request a Corps of Engineers 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.
For those projects that will expire in the next 5 years, the Corps of Engineers is reauthorized to
continue nourishment work for another six years, providing an opportunity for those impacted
non-Federal interests to work through the study process and Annual Report requirements.
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Sec.3608. Extension for certain coastal storm damage reduction programs.
This section states that for hurricane and storm damage reduction projects with beach
nourishment that will expire within 5 years of enactment of
of 2018, these projects remain eligible for nourishment for an additional 6 years.
Sec.3609. Snake River Basin flood prevention action plan.
This section requires that the Secretary develop as soon as practicable after the enactment of
a flood prevention action plan for each state or
portion of a state within the Snake River Basin in consultation with the Commissioner of
Reclamation. It further requires that following coordination with local stakeholders, a report be
submitted within 180 days of 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 flood prevention
plans that were developed.
Sec.3610. Authorization of appropriations for Columbia River Basin restoration.
This section amends section 123(d) of the Federal Water Pollution Control Act (33 U.S.C.
1275(d)) by appropriating dedicated funding in the amount of $5 million for fiscal year 2019 and
$30 million for each of fiscal years 2020 through 2021 to carry out Columbia River Basin
restoration.
Sec.3701. Reauthorization of Rio Grande environmental management program.
This section extends the reauthorization for the Rio Grande environmental management program
at $15 million for each of fiscal years 2020 through 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.
This section would amend the Clean Water Act (33 U.S.C. 1269) by directing the Administrator
of the Environmental Protection Agency (the EPA Administrator) to establish an office (the
Office) near or on the Long Island Sound (Sound), identify vulnerabilities to the Sound and
develop plans and activities to address them. Activities to reduce the effects of sea-level rise and
increase public education about the watershed would also be authorized.
The section would direct the EPA Administrator to coordinate all federal actions that address
water quality in the Long Island Sound and ensure that federal restoration activities in the Long
Island Sound 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, and 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.
24
The section 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.
This section states the sense of Congress that the Secretary should advance the project for
ecosystem restoration, Cano Martin Pena, Puerto Rico.
Sec.3801. Inflation adjustment of cost-sharing provisions for territories and Indian Tribes.
This section extends the period that the Secretary must adjust the $200,000 cost-share waiver
ceiling for inflation when it comes to non-Federal interests in U.S. territories and for any Indian
tribe for all studies and projects. This inflation adjustment period was last amended by section
1032 of WIIN 2016 to end on June 10, 2014, and this section of
Act of 2018 extends that period to the date of enactment of ater Infrastructure Act
of 2018.
Sec.3802. Tribal Partnership Program.
This section 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 so that
the Secretary may carry out the design and construction of a water resources development project
that will substantially benefit Indian tribes and is 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.
This section ensures that the Blackfeet Tribe receives access to funding (because of the Blackfeet
Water Rights Settlement enacted as part of WIIN 2016) in a timely manner so that they may
complete a range of water-related infrastructure projects on Tribal lands.
Sec.3804. Bonneville Dam, Oregon.
This section requires that the Secretary, in consultation with the Secretary of the Interior,
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
that assistance is required then the Secretary may use all his or her existing authorities to help
Indians that were displaced because of the construction of this dam.
25
Sec.3805. John Day Dam, Oregon.
This section requires that the Secretary, in consultation with the Secretary of the Interior,
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 his or her existing authorities to help
Indians that were displaced because of the construction of this dam.
Sec.3806. Dalles Dam, Oregon.
This section 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 and that such a plan include an estimate cost and tentative schedule for the
construction of the replacement village.
Sec.3807. Indian irrigation fund reauthorization.
This section reauthorizes the Indian Irrigation Fund through September 30, 2028, and continues
key provisions related to the funding and expenditure from the Indian Irrigation Fund through
fiscal year 2028.
Sec.3808. Reauthorization of repair, replacement, and maintenance of certain Indian
irrigation projects.
This section requires the Secretary of the Interior to continue to use n
activities for Indian irrigation projects each fiscal year through 2028. This section also mandates
that the Assistant Secretary for Indian Affairs continue submitting to Congress progress reports
on addressing deferred maintenance needs and utilizing the same prioritization criteria for Indian
irrigation funding that was originally authorized in the WIIN 2016 through 2028.
Sec.3809. Indian dam safety reauthorization.
-Hazard
-Hazard Indian Dam Safety
fiscal year 2030. Both funds will terminate on September
30, 2030, under this section of .
This section also extends the Flood Plain Management Program established by the Secretary of
Interior by an additional 7 years to December 16, 2027. It further states that funds shall continue
-
-
through 2026 to carry out the flood plain management pilot program to provide, at the request of
an Indian tribe, guidance to the Indian tribe relating to best practices for the mitigation and
prevention of floods.
26
Sec.3810. GAO report of Alaska Native village relocation efforts due to flooding and
erosion threats.
This section 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.4001. Sense of Congress relating to certain projects.
valuable, and thus, the Secretary should expeditiously complete these decision documents.
This section references the following (17
Pawcatuck River, Rhode Island; Hashamomuck Cove, New York; Delaware River, Delaware,
New Jersey, and Pennsylvania; Seattle Harbor, Washington; Elizabeth River and Southern
Branch, Virginia; Three Rivers, Arkansas; San Juan Harbor, Puerto Rico; Espanola Valley, Rio
Grande and tributaries, New Mexico; Resacas at Brownsville, Texas; Anacostia Watershed,
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; and Delta
Islands and Levees, California.
This section also references the following (12) 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; Kissimmee River,
Florida; Green Brook Sub-Basin, Raritan River Basin, New Jersey; Fort Pierce Beach, Florida;
McMicken Dam, Arizona; Cave Buttes Dam, Arizona; and Norfolk Harbor and Channels,
Virginia.
Sec.5001. Stormwater infrastructure funding task force.
This section requires that the EPA Administrator establish a voluntary stormwater infrastructure
funding task force made up of public, private, and federal participants to study and develop
recommendations to improve the funding and financing of stormwater infrastructure within 180
days of enactment of .
Under this section, within 18 months after enactment of
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.
This section extends the authorization of the Water Infrastructure Finance and Innovation Act at
$100 million for fiscal years 2020 through 2021, for a total of $200 million. It further extends the
27
authority of the EPA Administrator or the Secretary of the Army to use not more than $2.2
million of the appropriated amounts each fiscal year for administrative costs.
Sec.5003. Indian reservation drinking water and wastewater pilot program.
This section 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.
This section 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 treatment works technical assistance providers 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 Clean Water Act 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).
This section would further amend the Clean Water Act to authorize states to use an additional 2
percent of their annual Clean Water State Revolving Fund capitalization grant for qualified
nonprofit treatment works technical assistance providers to provide such technical assistance.
Sec.5005. Clean, safe, reliable water infrastructure.
This section expands authorized activities under the Safe Drinking Water Act (SDWA) State
Revolving Loan Fund (SRF) provisions to authorize states to use up to 10 percent of their
Drinking Water SRF capitalization grant to implement source water protection plans.
This section 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.
This section 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 Clean Water Act to authorize to be appropriated for
sewer overflow control grants $225 million for each of fiscal years 2019 and 2020, and to make
stormwater management measures eligible for such grants.
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Sec.5006. Water infrastructure flexibility.
This section 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 Clean Water Act. 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.
This section establishes within EPA an Office of the Municipal Ombudsman that provides
related technical assistance to municipalities.
Finally, this section 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.
This section amends the Water Resources Research Act of 1984. 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.
The section 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
immediately 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 in total for each of fiscal years 2019 through 2021.
Sec.5008. Study on intractable water systems.
for use under section 1459c of the Safe Drinking
Water Act. It also requires that within two years of enactment of this section of
Infrastructure Act of 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.
This section 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.
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This section also 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.
This section amends the Federal Water Pollution Control Act by requiring that when providing
assistance from clean water state revolving funds for a wastewater system project serving a
population less than or equal to 2,500, the State must 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. This consideration is also extended to
WIFIA and to the USDA, Rural Utilities Service, water and waste disposal loan and grant
program.
This section requires that the EPA Administrator submit to Congress a report describing the
amount of financial assistance provided by State water pollution control revolving funds to
deploy decentralized wastewater recycling technologies; the barriersimpacting 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 1 year
after enactment of , and at least once every three
years thereafter.
Sec.5010. Water infrastructure and workforce investment.
This section expresses that it is the sense of Congress that water and wastewater utilities provide
a unique opportunity for access to stable, high-quality careers. And as water and wastewater
utilities make critical investments in infrastructure, water and wastewater utilities can invest in
the development of local workers and local small businesses to strengthen communities and
ensure a strong pipeline of skilled and diverse workers for today and tomorrow. In addition,
Congress also urges increased collaboration among different levels of government and the
alignment of workforce training programs and community resources to accelerate career
pipelines and access to workforce opportunities.
mandates that the EPA Administrator and the Secretary establish 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 State revolving funds.
This section states the sense of Congress that Congress should provide robust funding of
capitalization grants to States to fund drinking water treatment revolving loan funds established
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under section 1452 of the Safe Drinking Water Act and the State water pollution control
revolving funds established under title VI of the Federal Water Pollution Control Act.
Sec.5012. GAO study on WIFIA projects in small communities, rural communities,
disadvantaged communities, and Tribal communities.
This section directs the Comptroller General to both conduct a study and submit a report to
Congress within one year of enactment of Infrastructure Act of 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.
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