America's Water Infrastructure Act of 2020

II Calendar No. 453 116TH CONGRESS 2D SESSION S. 3591 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. IN THE SENATE OF THE UNITED STATES MAY 4, 2020 Mr. BARRASSO (for himself, Mr. CARPER, Mrs. CAPITO, and Mr. CARDIN) in- troduced the following bill; which was read twice and referred to the Com- mittee on Environment and Public Works MAY 11, 2020 Reported by Mr. BARRASSO, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL 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 pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:11 May 11, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3591.RS S3591 kjohnson on DSK79L0C42PROD with BILLS 2 •S 3591 RS SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘America’s Water Infrastructure Act of 2020’’. 3 (b) TABLE OF CONTENTS.—The table of contents for 4 this Act is as follows: 5 Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I—WATER RESOURCES DEVELOPMENT Subtitle A—General Provisions Sec. 1001. Upper and Lower Missouri River comprehensive flood protection studies. Sec. 1002. Great Lakes comprehensive flood protection study. Sec. 1003. Additional studies under North Atlantic Coast comprehensive study. Sec. 1004. Maintenance and construction of water resources development projects by non-Federal interests. Sec. 1005. Watercraft inspection stations. Sec. 1006. Local government reservoir permit review. Sec. 1007. Upper Mississippi River protection. Sec. 1008. Beneficial use of dredged material. Sec. 1009. Klamath Basin Water Supply Enhancement Act of 2000 technical corrections. Sec. 1010. Project modifications for improvement of environment. Sec. 1011. Non-Federal implementation pilot program. Sec. 1012. Thin layer placement pilot program. Sec. 1013. Annual report to Congress on authorized studies and projects. Sec. 1014. Annual report to Congress on water resources infrastructure. Sec. 1015. Operation and maintenance. Sec. 1016. Transparency and accountability in cost sharing for water resources development projects. Sec. 1017. Continuing authority programs. Sec. 1018. Shore damage prevention or mitigation. Sec. 1019. Sediment management plan. Sec. 1020. Criteria for funding environmental infrastructure projects. Sec. 1021. Aging infrastructure. Sec. 1022. Expediting repairs and recovery from flooding. Sec. 1023. Upper Snake River levees. Sec. 1024. Uniformity of notification systems. Sec. 1025. Susquehanna, Delaware, and Potomac River Basin commissions. Sec. 1026. Wilmington Harbor South Disposal Area, Delaware. Sec. 1027. Conveyance of Wilmington Harbor North Disposal Area, Delaware. Sec. 1028. Coastal storm damage reduction contracts. Sec. 1029. Corps flood policy within urban areas. Sec. 1030. Reporting on over budget and behind schedule Corps projects. Sec. 1031. Dam remediation for ecosystem restoration. Sec. 1032. Conveyance of certain Federal land to the city of Montgomery, Ala- bama. Sec. 1033. Maintenance of high-risk flood control projects. VerDate Sep 11 2014 23:11 May 11, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6411 E:\BILLS\S3591.RS S3591 kjohnson on DSK79L0C42PROD with BILLS 3 •S 3591 RS Sec. 1034. Projects to accommodate irregular dredging. Sec. 1035. Chesapeake Bay environmental restoration and protection program. Sec. 1036. Implementation guidance, reports, and briefings. Sec. 1037. Interagency task force on small dams and fish passages. Sec. 1038. Project completion. Sec. 1039. Levee accreditation process; levee certifications. Sec. 1040. Rehabilitation of flood control pump stations affecting Corps of En- gineers flood risk management projects. Sec. 1041. Brandon Road study. Sec. 1042. Credit or reimbursement. Sec. 1043. Emergency contracting. Sec. 1044. Project partnership agreement. Sec. 1045. Acceptance of funds for harbor dredging. Sec. 1046. Emergency flooding protection for lakes. Sec. 1047. Levee safety. Sec. 1048. Replacement capacity. Sec. 1049. Implementation guidance for post-flood improvements. Sec. 1050. Willamette Valley Project water reallocation. Sec. 1051. Central Appalachia water. Sec. 1052. Reviewing hydropower at Corps of Engineers facilities. Sec. 1053. Establishing permanent features from emergency response meas- ures. Sec. 1054. Studies of water resources development projects by non-Federal in- terests. Sec. 1055. Subsurface drain systems research and development. Sec. 1056. Limitation on contract execution in the Arkansas River Basin. Sec. 1057. Support for mitigation efforts for small dams in National Heritage Corridors. Sec. 1058. Report on barriers to infrastructure development at United States ports. Sec. 1059. Rye Harbor, New Hampshire, navigation improvement project. Sec. 1060. Cape Arundel disposal site, Maine. Sec. 1061. Rio Grande environmental management program, Colorado, New Mexico, and Texas. Sec. 1062. Restoration of abandoned sites. Sec. 1063. Rural Western water. Sec. 1064. Thad Cochran Lock and Dam. Sec. 1065. Report on Corps of Engineers facilities in Appalachia. Sec. 1066. Report on Corps of Engineers hydropower facilities in Appalachia. Sec. 1067. Harris County, Texas. Sec. 1068. Identification of nonpowered dams for hydropower development. Sec. 1069. Inland waterway transportation. Sec. 1070. Federal interest determination. Sec. 1071. Report on single levee standard. Sec. 1072. South Atlantic Coastal Study. Sec. 1073. Completion of reports. Sec. 1074. Delegation of work for Comprehensive Everglades Restoration Plan projects. Sec. 1075. Material breaches of contract. Sec. 1076. Repair and restoration of embankments. Sec. 1077. Non-Federal interest repayment obligations. Sec. 1078. Great Lakes confined disposal facilities. Sec. 1079. Coastal mapping. Sec. 1080. Disposal of dredged materials. Sec. 1081. Upper Missouri River Basin mainstem dam fish loss research. VerDate Sep 11 2014 23:11 May 11, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6411 E:\BILLS\S3591.RS S3591 kjohnson on DSK79L0C42PROD with BILLS 4 •S 3591 RS Sec. 1082. Briefings on dissemination of information. Sec. 1083. Corps of Engineers projects in underserved communities, economi- cally distressed areas, or rural areas. Sec. 1084. Interim risk reduction measures. Sec. 1085. Maintenance dredging permits. Sec. 1086. Technical correction. Sec. 1087. Annual debris removal. Sec. 1088. Enhanced development demonstration program. Sec. 1089. Report on benefits calculation for flood control structures. Sec. 1090. High water-low water preparedness. Sec. 1091. East Rockaway Inlet to Rockaway Inlet and Jamaica Bay Reformu- lation, New York. Sec. 1092. Report on antecedent hydrologic conditions. Sec. 1093. Harmful algal blooms demonstration program. Sec. 1094. Sense of Congress relating to annual maintenance dredging. Sec. 1095. Selection of dredged material disposal method for certain purposes. Sec. 1096. Increasing access for recreation at Corps of Engineers projects. Sec. 1097. Extinguishment of flowage easements, Rough River Lake, Kentucky. Sec. 1098. Small flood control projects. Sec. 1099. Comprehensive study of Mississippi River System from Old River Control Structure to Gulf of Mexico. Sec. 1100. Missouri River. Sec. 1101. Flexibility for projects. Sec. 1102. Development of categorical exclusions. Subtitle B—Studies and Reports Sec. 1201. Authorization of proposed feasibility studies and modifications. Sec. 1202. Expedited completion. Sec. 1203. Inclusion of certain projects in annual report to Congress. Sec. 1204. Assistance to non-Federal sponsors. Sec. 1205. Rahway flood risk management feasibility study, New Jersey. Sec. 1206. Arctic deep draft port. Sec. 1207. Nassau County Back Bays coastal storm risk management. Subtitle C—Deauthorizations, Modifications, and Related Provisions Sec. 1301. Deauthorization of Watch Hill Cove, Rhode Island and Connecticut. Sec. 1302. Rush River and Lower Rush River, North Dakota. Sec. 1303. Willamette Falls Locks, Willamette River, Oregon. Sec. 1304. Camden Harbor, Maine. Sec. 1305. Deauthorization of flood control project for Taylor Creek Reservoir and Levee L–73, Upper St. Johns River Basin, Central and Southern Florida. Sec. 1306. New London Harbor Waterfront Channel, Connecticut. Sec. 1307. No deauthorization of certain projects. Sec. 1308. Comprehensive Everglades Restoration Plan. Subtitle D—Water Resources Infrastructure Sec. 1401. Project authorizations. Sec. 1402. Expedited completion of certain projects. Sec. 1403. Additional project authorizations. Subtitle E—Water Supply and Storage Sec. 1501. Small water storage projects. VerDate Sep 11 2014 23:11 May 11, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6411 E:\BILLS\S3591.RS S3591 kjohnson on DSK79L0C42PROD with BILLS 5 •S 3591 RS Sec. 1502. Missouri River reservoir sediment management. Sec. 1503. Planning Assistance for States. Sec. 1504. Forecast-informed reservoir operations. Sec. 1505. Study on data for water allocation, supply, and demand. Sec. 1506. GAO report on certain Federal dams and reservoirs. Sec. 1507. Aquatic ecosystem restoration. Sec. 1508. Improving reviews for non-Federal hydropower at existing Corps of Engineers projects. Sec. 1509. Surplus water contracts and water storage agreements. Sec. 1510. Reduced pricing for certain water supply storage. Subtitle F—Invasive Species Sec. 1601. Definition of invasive species. Sec. 1602. Invasive species in impaired waters. Sec. 1603. Aquatic invasive species research. Sec. 1604. Invasive species mitigation and reduction. Sec. 1605. Terrestrial noxious weed control pilot program. Sec. 1606. Invasive species risk assessment, prioritization, and management. Sec. 1607. Asian carp prevention and control pilot program. Sec. 1608. Aquatic invasive species prevention. Sec. 1609. Invasive species in alpine lakes pilot program. TITLE II—CLEAN WATER Sec. 2001. Clean water infrastructure resiliency and sustainability program. Sec. 2002. Increased funding for technical assistance. Sec. 2003. Small and medium publicly owned treatment works circuit rider pro- gram. Sec. 2004. Small publicly owned treatment works efficiency grant program. Sec. 2005. Wastewater efficiency grant pilot program. Sec. 2006. Pilot program for alternative water source projects. Sec. 2007. Sewer overflow and stormwater reuse municipal grants. Sec. 2008. Water infrastructure and workforce investment. Sec. 2009. Water Resources Research Act amendments. Sec. 2010. Grants for construction, refurbishing, and servicing of individual household decentralized wastewater systems for individuals with low or moderate income. Sec. 2011. Connection to publicly owned treatment works. Sec. 2012. Use of clean water State revolving loan funds. Sec. 2013. Water data sharing pilot program. Sec. 2014. Water infrastructure financing reauthorization. Sec. 2015. Final rating opinion letters. Sec. 2016. Reauthorization of clean water State revolving funds. Sec. 2017. Wastewater infrastructure discretionary grant program. Sec. 2018. Small and disadvantaged community analysis. Sec. 2019. Stormwater infrastructure technology. TITLE III—TRIBAL AND OTHER MATTERS Sec. 3001. Tribal partnership program. Sec. 3002. Cost sharing provisions for territories and Indian tribes. Sec. 3003. Inclusion of Tribal interests in project consultations. Sec. 3004. Indian Irrigation Fund reauthorization. Sec. 3005. Reauthorization of repair, replacement, and maintenance of certain Indian irrigation projects. VerDate Sep 11 2014 23:11 May 11, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6411 E:\BILLS\S3591.RS S3591 kjohnson on DSK79L0C42PROD with BILLS 6 •S 3591 RS Sec. 3006. Grants to ports to reduce emissions from waterborne vessels. Sec. 3007. Mapping and screening tool. Sec. 3008. Assessment of coastal water infrastructure vulnerabilities. Sec. 3009. Report on potential for blue energy at coastal wastewater treatment plants. Sec. 3010. Great Lakes Restoration Initiative. Sec. 3011. San Francisco Bay restoration. Sec. 3012. Lake Tahoe restoration program. Sec. 3013. Puget Sound coordinated recovery. Sec. 3014. Reauthorization of the Denali Commission. Sec. 3015. Municipal ombudsman. SEC. 2. DEFINITION OF SECRETARY. 1 In this Act, the term ‘‘Secretary’’ means the Sec- 2 retary of the Army. 3 TITLE I—WATER RESOURCES 4 DEVELOPMENT 5 Subtitle A—General Provisions 6 SEC. 1001. UPPER AND LOWER MISSOURI RIVER COM- 7 PREHENSIVE FLOOD PROTECTION STUDIES. 8 (a) DEFINITION OF MISSOURI RIVER PROJECT.—In 9 this section, the term ‘‘Missouri River project’’ means— 10 (1) a project constructed as part of— 11 (A) the Pick-Sloan Missouri River Basin 12 Program authorized by section 9(b) of the Act 13 of December 22, 1944 (commonly known as the 14 ‘‘Flood Control Act of 1944’’) (58 Stat. 891, 15 chapter 665); or 16 (B) the Missouri River Bank Stabilization 17 and Navigation Project authorized by section 2 18 of the Act of March 2, 1945 (commonly known 19 VerDate Sep 11 2014 23:11 May 11, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S3591.RS S3591 kjohnson on DSK79L0C42PROD with BILLS 7 •S 3591 RS as the ‘‘River and Harbor Act of 1945’’) (59 1 Stat. 19, chapter 19); and 2 (2) a locally owned or operated levee system lo- 3 cated within the Upper or Lower Missouri River 4 basin. 5 (b) DEVELOPMENT.—The Secretary, in collaboration 6 with the heads of other relevant Federal agencies, shall 7 conduct, and submit to Congress a comprehensive strategy 8 and report that describes the results of and aligns the rec- 9 ommendations of, 2 comprehensive studies to address 10 flood risk in areas affected by severe flooding in 2019 11 along the Upper and Lower Missouri River, including an 12 examination of— 13 (1) the use of structural and nonstructural 14 flood control and floodplain management strategies, 15 including the consideration of natural features or 16 nature-based features (as those terms are defined in 17 section 1184(a) of the Water Infrastructure Im- 18 provements for the Nation Act (33 U.S.C. 19 2289a(a))); 20 (2) continued operation and maintenance of the 21 navigation project; 22 (3) management of bank caving and erosion; 23 (4) maintenance of water supply; 24 (5) fish and wildlife habitat management; 25 Ve [Text truncated for display. Full text available on Congress.gov.]