America's Water Infrastructure Act of 2018

districts of the Corps of Engineers to manage projects and initiatives of regional, Tribal, and local significance; and

the headquarters office of the Corps of Engineers to manage projects and initiatives of national significance;

In general

The term COM accounts means—

Inclusion

The term COM accounts includes the portions of the Civil Works Program Mississippi River and Tributaries appropriations account of the Secretary specifically relating to—

to participate in project plan development; or

to provide funds or in-kind support for plan development or project implementation.

includes—

is based on—

contains—

flood damage reduction and risk management;

reliable water supply; and

other business lines.

includes—

is based on—

focuses on water resources challenges and opportunities; and

promotes collaboration with cost-share partners, relevant government agencies, and stakeholders for coordinated development and active management of water and related resources—

In general

The term Investigations account means the Civil Works Program Investigations appropriations account of the Secretary.

Inclusion

The term Investigations account includes the portions of the Civil Works Program Mississippi River and Tributaries appropriations account of the Secretary specifically relating to investigations.

provides value to the United States; and

satisfies the economic analysis or assumption and other legal and policy requirements, including the benefit-cost ratio, for potential inclusion in the budget transmitted under section 1105(a) of title 31, United States Code.

provides value to the United States; but

does not satisfy the requirements to be considered a project or initiative of national significance.

the enhancement or stabilization of the regional, Tribal, or local economy;

the restoration or protection of the regional, Tribal, or local environment; or

the provision of health, safety, and general welfare to maintain or improve the quality of life of the people of the United States.

navigation;

flood risk management; and

other authorized project purposes.

the District Engineer; and

the civilian Deputy District Engineer for Programs and Project Management.

the Regulatory appropriations account;

the Ecosystem Restoration appropriations account;

the Expenses appropriations account;

the Formerly Utilized Sites Remedial Action Program appropriations account;

the Flood Control and Coastal Emergencies appropriations account;

the Office of the Assistant Secretary of the Army for Civil Works appropriations account;

the revolving fund established by section 101 of the Civil Functions Appropriations Act, 1954 (33 U.S.C. 576); and

the automation development program pursuant to House Report 103–135, accompanying the Energy and Water Development Appropriations Act, 1996 (Public Law 104–46; 109 Stat. 402).

may include any project under the jurisdiction of the applicable District Engineer that is not included in the budget transmitted under section 1105(a) of title 31, United States Code; and

shall prioritize the projects based on the value to the United States of each project.

notice and an opportunity for comment for a period of not less than 30 days to submit to the Secretary or to the District Engineer comments, including through written submission of data, opinions, or arguments, with or without an opportunity for oral presentation;

written responses to comments received under subparagraph (A); and

a process through which cost-share partners, government agencies, and stakeholders may appeal decisions of the District Engineer regarding the contents of the district 5-year budget and work plan under subsection (e)(1) to the Major Subordinate Command with jurisdiction over the District;

to support information sharing;

to the maximum extent practicable, to share in concept development and decision-making to achieve complementary or integrated solutions to problems; and

to obtain feedback to incorporate into risk assessments.

is holistic and mission-integrated;

focuses on water resource challenges and opportunities;

promotes collaboration with stakeholders, government agencies, and cost-share partners for coordinated development and active management of water and related resources;

maximizes the benefits resulting from Corps of Engineers investment;

aligns Corps of Engineers, government agencies, and cost-share partners authorities and funding to gain efficiencies and maximize return on investment; and

pursues integrated water resource management.

the use of modeling and data to evaluate the performance of project assets on a system or watershed basis in yielding system-wide or watershed-wide benefits; and

the prioritization of activities and management of infrastructure within each relevant system or watershed.

managing the entire lifecycle of the project, within a system or watershed context, using data and objective criteria as the basis for risk-informed investment decision-making to provide—

managing the regional and national portfolios of projects to make cost-effective and sequenced investment decisions.

the nonmonetary physical, chemical, and biological conditions of water and related land resources in the United States, at the system or watershed scale;

the economic value of—

the reduction of, and remaining, risks to human life and safety, as measured—

significant cultural, aesthetic, and subwatershed-scale ecological resources, as measured using—

the effects described in subparagraphs (A) through (D) with respect to—

to pay the cost-share for other projects carried out by the Secretary for which a non-Federal cost-share is required; and

to pay the costs of operation and maintenance of a project of the non-Federal interest for which a non-Federal cost-share is required.

whether the District Engineer concurs with the assessment of the purpose of and need for the water storage project proposed by the applicant; and

in any case in which the District Engineer does not concur as described in subparagraph (A), an assessment by the District Engineer of the purpose of and need for the project.

In general

The Board shall be composed of 5 members, to be appointed by the Secretary, of whom—

Requirements

In selecting members to serve on the Board, the Secretary shall ensure that each Board member—

In general

The Board shall make determinations on—

Deadline

The Board shall make a determination regarding an appeal under subparagraph (A) by not later than 90 days after the date on which the appeal is filed with the Board.

Factors for consideration

In making a determination under subparagraph (A), the Board shall evaluate—

In general

In the case of any determination of the Board under paragraph (3)(A), the applicable District Engineer shall reconsider the purpose and need statement or permit condition, as applicable, taking into consideration the determination of the Board under paragraph (3)(A).

Explanation

If the District Engineer determines not to accept a determination under subparagraph (A), the District Engineer shall, not later than 90 days after the date on which the District Engineer receives the determination, provide to the applicant and to the Board a written explanation as to why the District Engineer rejected the determination.

The project for flood risk management, Lower San Joaquin River, California.

The project for coastal storm risk management, Pawcatuck River, Rhode Island, authorized in the matter under the heading Investigations under the heading Corps of Engineers—Civil under the heading Department of the Army in title X of division A of the Disaster Relief Appropriations Act, 2013 (Public Law 113–2; 127 Stat. 23).

The project for coastal storm risk management, Hashamomuck Cove, New York, authorized in the matter under the heading Investigations under the heading Corps of Engineers—Civil under the heading Department of the Army in title X of division A of the Disaster Relief Appropriations Act, 2013 (Public Law 113–2; 127 Stat. 23).

The project for coastal storm risk management and utilization of dredged material, Delaware River, Delaware, New Jersey, and Pennsylvania, authorized in the matter under the heading Investigations under the heading Corps of Engineers—Civil under the heading Department of the Army in title X of division A of the Disaster Relief Appropriations Act, 2013 (Public Law 113–2; 127 Stat. 23).

The project for navigation, Seattle Harbor, Washington, carried out under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a).

The project for navigation, Elizabeth River and Southern Branch, Virginia, carried out under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a).

The project for navigation, Three Rivers, Arkansas, carried out under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a).

The project for navigation, San Juan Harbor, Puerto Rico, described in the study authorized by the resolution adopted by the Committee on Transportation and Infrastructure of the House of Representatives on September 20, 2006.

The project for flood risk management and ecosystem restoration, Española Valley, Rio Grande and tributaries, New Mexico, described in the study authorized by the resolution adopted by the Committee on Environment and Public Works of the Senate on December 10, 2009.

The project for ecosystem restoration, Resacas at Brownsville, Texas, carried out under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330).

The project for flood control, navigation, and ecosystem restoration, Anacostia Watershed, Prince George's County, Maryland, described in the study authorized by the resolution adopted by the Committee on Public Works and Transportation of the House of Representatives on September 8, 1988.

The project for flood control, Willamette River Basin, Oregon, described in the Willamette River Basin Review Study authorized by the resolution adopted by the Committee on Public Works and Transportation of the House of Representatives on September 8, 1988.

The project for flood risk management and coastal storm risk management, Norfolk, Virginia, authorized in the matter under the heading Investigations under the heading Corps of Engineers—Civil under the heading Department of the Army in title X of division A of the Disaster Relief Appropriations Act, 2013 (Public Law 113–2; 127 Stat. 23).

The project for flood risk management, Armourdale and Central Industrial District Levee Units, Missouri River and Tributaries at Kansas City, Kansas, authorized by section 1401(2) of the Water Infrastructure Improvements for the Nation Act (130 Stat. 1711) (as modified by section 3504).

The project for navigation and hurricane and storm damage reduction, Houma, Louisiana, authorized by section 1001(24)(B) of the Water Resources Development Act of 2007 (121 Stat. 1053).

The project for flood risk management, Souris River Basin, Minot, North Dakota, authorized by section 209 of the Flood Control Act of 1966 (80 Stat. 1423).

The project for ecosystem restoration, Delta Islands and Levees, California, described in the study authorized by—

The project for navigation, Chickamauga Lock, Tennessee, authorized by section 114 of the Energy and Water Development Appropriations Act, 2003 (Public Law 108–7; 117 Stat. 140).

The project for ecosystem restoration, South Florida, Florida, authorized by section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680).

The project for navigation, Freeport Harbor, Texas, carried out under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a).

The project for Soo Locks, Sault Sainte Marie, Michigan, authorized by section 1149 of the Water Resources Development Act of 1986 (100 Stat. 4254; 121 Stat. 1131).

The project for ecosystem restoration, Central Everglades, Florida, authorized by section 1401(4) of the Water Infrastructure Improvements for the Nation Act (130 Stat. 1713).

The project for water supply and ecosystem restoration, Howard A. Hanson Dam, Washington, authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 180) and modified by section 101(b)(15) of the Water Resources Development Act of 1999 (113 Stat. 281).

The project for ecosystem restoration, Kissimmee River, Florida, authorized by section 101(8) of the Water Resources Development Act of 1992 (106 Stat. 4802).

The project for flood risk management, Green Brook Sub-Basin, Raritan River Basin, New Jersey, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4119).

The project for shore protection and harbor mitigation, Fort Pierce Beach, Florida, authorized by section 301 of the River and Harbor Act of 1965 (79 Stat. 1092), section 102 of the River and Harbor Act of 1968 (82 Stat. 732), and section 506(a)(2) of the Water Resources Development Act of 1996 (110 Stat. 3757), and modified by section 313 of the Water Resources Development Act of 1999 (113 Stat. 301).

The project for flood control, McMicken Dam, Arizona, authorized by section 304 of the Act of August 7, 1953 (67 Stat. 450, chapter 342).

The project for flood protection, Cave Buttes Dam, Arizona, authorized by section 204 of the Flood Control Act of 1965 (79 Stat. 1083).

The project for navigation, Norfolk Harbor and Channels, Virginia, authorized by section 201(a) of the Water Resources Development Act of 1986 (100 Stat. 4090).

available in all States;

affordable (based on the integrated planning guidelines described in the Integrated Municipal Stormwater and Wastewater Planning Approach Framework, issued by the Environmental Protection Agency and dated June 5, 2012); and

sufficient to support capital expenditures and long-term operation and maintenance costs.

to connect, expand, or repair existing drinking water lines or water towers in order to improve water quality, pressure, or services; or

to replace or refurbish wastewater lagoons that are insufficient for current or near-term community needs or economic growth.

in subsection (d)—

in paragraph (1)(D), by inserting and the implementation of plans to protect source water identified in a source water assessment under section 1453 before the period at the end; and

in paragraph (2)(E), by inserting and implement plans to protect source water identified in a source water assessment under section 1453 after wellhead protection programs.

in paragraph (1), by striking the semicolon at the end and inserting ; or;

by striking paragraphs (2) and (3); and

by redesignating paragraph (4) as paragraph (2);

Establishment

There is established within the Office of the Administrator an Office of the Municipal Ombudsman.

General duties

The duties of the municipal ombudsman shall include the provision of—

Actions required

The municipal ombudsman shall work with appropriate offices at the headquarters and regional offices of the Environmental Protection Agency to ensure that the municipality seeking assistance is provided information—

Information sharing

The municipal ombudsman shall publish on the website of the Environmental Protection Agency—

Affordability

The term affordability means, with respect to payment of a utility bill, a measure of whether an individual customer or household can pay the bill without undue hardship or unreasonable sacrifice in the essential lifestyle or spending patterns of the individual or household, as determined by the Administrator.

Financial capability

The term financial capability means the financial capability of a community to make investments necessary to make water quality or drinking water improvements.

Guidance

The term guidance means the guidance published by the Administrator entitled Combined Sewer Overflows—Guidance for Financial Capability Assessment and Schedule Development and dated February 1997, as applicable to the combined sewer overflows and sanitary sewer overflows guidance published by the Administrator entitled Financial Capability Assessment Framework and dated November 24, 2014.

In general

Not later than 1 year after the date of completion of the National Academy of Public Administration study to establish a definition and framework for community affordability required by Senate Report 114–70, accompanying S. 1645 (114th Congress), the Administrator shall revise the guidance described in paragraph (1)(C).

Use of guidance

Beginning on the date on which the revised guidance referred to in subparagraph (A) is finalized, the Administrator shall use the revised guidance in lieu of the guidance described in paragraph (1)(C).

Consideration

In revising the guidance, the Administrator shall consider—

Consultation

Any revised guidance issued to replace the guidance shall be developed in consultation with stakeholders.

In general

On completion of the revision of the guidance, the Administrator shall publish in the Federal Register and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the revised guidance.

Explanation

If the Administrator makes a determination not to follow one or more recommendations of the study referred to in paragraph (3)(A), the Administrator shall include in the publication and submission under paragraph (1) an explanation of that decision.

for each of the programs described in paragraph (2), update the information for those programs to include information on cost-effective and alternative wastewater recycling and treatment systems, including onsite and decentralized systems; and

disseminate to units of local government and nonprofit organizations seeking Federal funds for wastewater systems information on the cost effectiveness of alternative wastewater treatment and recycling systems, including onsite and decentralized systems.

programs for nonpoint source management under section 319 of the Federal Water Pollution Control Act (33 U.S.C. 1329);

the permit program for the disposal of sewer sludge under section 405 of the Federal Water Pollution Control Act (33 U.S.C. 1345);

technical assistance for small public water systems under section 1442(e) of the Safe Drinking Water Act (42 U.S.C. 300j–2(e)); and

other programs of the Administrator that provide technical assistance for wastewater management.

increased collaboration among Federal, State, and local governments; and

institutions of higher education, apprentice programs, high schools, and other community-based organizations to align workforce training programs and community resources with water and wastewater utilities to accelerate career pipelines and provide access to workforce opportunities.

is unable or unwilling to provide safe and adequate service to those individuals;

has abandoned or effectively abandoned the community water system or noncommunity water system, as applicable;

has defaulted on a financial obligation relating to the community water system or noncommunity water system, as applicable;

fails to maintain the facilities of the community water system or noncommunity water system, as applicable, in a manner so as to prevent a potential public health hazard; or

is in significant noncompliance with the Safe Drinking Water Act (42 U.S.C. 300f et seq.) or any regulation promulgated pursuant to that Act.

water utilities that—

intractable water systems.

targeted internship, apprenticeship, preapprenticeship, and post-secondary bridge programs for mission-critical skilled trades, in collaboration with labor organizations, community colleges, and other training and education institutions that provide—

kindergarten through 12th grade and young adult education programs that—

regional industry and workforce development collaborations to identify water utility employment needs, map existing career pathways, support the development of curricula, facilitate the sharing of resources, and coordinate candidate development, staff preparedness efforts, and activities that engage and support—

integrated learning laboratories embedded in high schools or other secondary educational institutions that provide students with—

leadership development, occupational training, mentoring, or cross-training programs that ensure that incumbent water and wastewater utilities workers are prepared for higher-level supervisory or management-level positions.