Water Resources Development Act of 2018 (H.R. 8) and America’s Water Infrastructure Act of 2018 (Amendment to H.R. 8): An Overview

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Water Resources Development Act of 2018

(H.R. 8) and America’s Water Infrastructure

Act of 2018 (Amendment to H.R. 8):

An Overview

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Specialist in Natural Resources Policy

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Specialist in Environmental Policy

Updated October 2, 2018

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R45212

Water Authorization Legislation in the 115th Congress

Summary

Omnibus Water Authorization Legislation in the 115th Congress. The 115th Congress initiated

deliberations on an omnibus water authorization bill with H.R. 8, the Water Resources

Development Act of 2018 (WRDA 2018), and S. 2800, America’s Water Infrastructure Act of

2018 (AWIA 2018). The House passed H.R. 8 on June 11, 2018. On July 9, 2018, the Senate

Committee on Environment and Public Works (Senate EPW) posted on its website an amendment

in the nature of a substitute to H.R. 8, also titled America’s Water Infrastructure Act of 2018.

The Senate did not take up S. 2800 or the Senate EPW-posted amendment to H.R. 8. Instead,

House and Senate committee leadership agreed on new legislative text. S. 3021, which the Senate

passed as a courthouse-naming bill, was amended and passed in the House on September 13,

2018, to include the negotiated water authorization text. The negotiated text contains provisions

from various pieces of legislation, most prominently H.R. 8, S. 2800, and H.R. 3387 (Drinking

Water Systems Improvement Act of 2017). Like S. 2800, the House-passed S. 3021 is titled

America’s Water Infrastructure Act of 2018. If the Senate agrees to the House amendments to the

bill, without proposing any further changes, the bill will be sent to the President.

This CRS report reflects H.R. 8 as it was passed by the House on June 11, 2018 (referred to

herein as WRDA 2018), and the amendment in the nature of a substitute to H.R. 8 as it was

posted by the Senate EPW on July 9, 2018 (referred to herein as AWIA 2018). Subsequent

legislative actions on omnibus water resource legislation (e.g., House-passed amendments to S.

3021) generally are not reflected in this report. Enactment of the House amendments to S. 3021

likely would mean that both of the bills discussed in this report would not receive further

attention in the 115th Congress. The House amendments to S. 3021 are discussed in CRS Report

R45185, Army Corps of Engineers: Water Resource Authorization and Project Delivery

Processes, by (name redacted), and CRS Report R45304, Drinking Water State Revolving Fund

(DWSRF): Overview, Issues, and Legislation, by (name redacted).

H.R. 8 and Senate EPW-Posted Amendment to H.R. 8. WRDA 2018 (H.R. 8) focused

primarily on authorizing water resource projects and activities of U.S. Army Corps of Engineers

(USACE) and dam and levee safety programs. AWIA 2018, as reflected in the amendment in the

nature of a substitute to H.R. 8 posted by the Senate EPW on July 9, 2018, included USACE and

dam and levee safety provisions. It also included provisions on clean water and drinking water

infrastructure programs and regulatory authorities of the Environmental Protection Agency

(EPA), tribal water-related authorities and programs, and water-related activities of the

Department of the Interior.

Both WRDA 2018 and AWIA 2018 would have authorized USACE to conduct new studies and

construct new projects, modified and extended existing project and program authorizations, and

altered deauthorization authorities. Both WRDA 2018 and AWIA 2018 included provisions

requiring studies of USACE civil works structure and efficiency. WRDA 2018 also would have

required a study of the agency’s budget processes; AWIA 2018 would have established a fiveyear budget process for the agency. Both WRDA 2018 and AWIA 2018 included provisions on

nature-based alternatives and projects. AWIA 2018 included a larger number and broader set of

provisions related to specific USACE projects than WRDA 2018.

AWIA 2018, primarily Title V, addressed various EPA-administered water quality and

infrastructure programs. Title V would have amended the Clean Water Act (CWA) for various

purposes (e.g., to authorize grants for sewer overflow and stormwater management projects).

AWIA 2018 also would have amended the Safe Drinking Water Act. It proposed several revisions

to the Drinking Water State Revolving Fund program, and it would have expressly authorized

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Water Authorization Legislation in the 115th Congress

EPA’s WaterSense program. AWIA 2018 would have amended the Water Infrastructure Finance

and Innovation Act (WIFIA) to authorize special terms for loan assistance provided to state Clean

Water and Drinking Water State Revolving Fund finance authorities. Further, it would have

required a study on WIFIA accessibility for certain communities. WRDA 2018 contained none of

the EPA-related provisions and generally focused on USACE and dam and levee safety

authorities.

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Water Authorization Legislation in the 115th Congress

Contents

Introduction ..................................................................................................................................... 1

Omnibus Water Authorization Deliberations in the 115th Congress .......................................... 1

Introduction to H.R. 8 and Senate EPW-Posted Amendment to H.R. 8 Amendment

and Scope of Report ............................................................................................................... 2

Water Authorization Bills in Previous Congresses .................................................................... 3

Overview of WRDA 2018 (H.R. 8) and AWIA 2018 (Amendment to H.R. 8) ......................... 3

USACE in WRDA 2018 and AWIA 2018 ....................................................................................... 6

USACE-Related Context and Issues ......................................................................................... 6

USACE Topics Related to WRDA 2018 and AWIA 2018 Deliberations .................................. 7

EPA in WRDA 2018 and AWIA 2018 ........................................................................................... 13

EPA-Related Context and Issues ............................................................................................. 13

EPA Topics Related to WRDA 2018 and AWIA 2018 Deliberations ...................................... 14

Tables

Table 1. Title and Status of Legislative Text for Omnibus Water Authorization in the

115th Congress as of October 2, 2018 ........................................................................................... 2

Table 2. WRDA 2018 (H.R. 8) and AWIA 2018 (Amendment to H.R. 8) Overview: Titles,

Bill Status, and Related Documents ............................................................................................. 5

Table 3. Selected USACE Topics and Related Provisions in WRDA 2018 and AWIA

2018 .............................................................................................................................................. 9

Table 4. Selected EPA Topics and Related Provisions in WRDA 2018 and AWIA 2018 .............. 15

Contacts

Author Contact Information .......................................................................................................... 19

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Water Authorization Legislation in the 115th Congress

Introduction

Omnibus Water Authorization Deliberations in the 115th Congress

The 115th Congress initiated deliberations on an omnibus water authorization bill with H.R. 8, the

Water Resources Development Act of 2018 (WRDA 2018), and S. 2800, America’s Water

Infrastructure Act of 2018 (AWIA 2018). On June 6, 2018, the House passed H.R. 8, which was

subsequently received in the Senate and referred to the Senate Committee on Environment and

Public Works (Senate EPW). On July 9, 2018, the Senate EPW posted on its website an

amendment in the nature of a substitute to H.R. 8, titled America’s Water Infrastructure Act of

2018. This CRS report discusses H.R. 8 as passed by the House (referred to herein as WRDA

2018) and the Senate EPW-posted amendment in the nature of a substitute to H.R. 8 of July 9,

2018 (referred to herein as AWIA 2018).1 The Senate did not take up H.R. 8 or S. 2800. Instead,

House and Senate committee leadership agreed on new legislative text for an omnibus water

authorization bill.2 On September 13, 2018, the House amended an unrelated courthouse-naming

bill, passed by the Senate as S. 3021, to include the negotiated text. The negotiated text contained

provisions from various pieces of legislation, most prominently H.R. 8, S. 2800, and H.R. 3387

(Drinking Water Systems Improvement Act of 2017). 3 Like S. 2800, the House-passed S. 3021 is

titled America’s Water Infrastructure Act of 2018.

Because S. 3021 was sent to the Senate in the form of a House amendment, the Senate can begin

consideration of the text more quickly than it could if it were sent in the form of a House bill.4 If

the Senate agrees to the House amendments to the bill without proposing any further changes, the

bill will be sent to the President for his signature. Otherwise, the two chambers can attempt to

resolve their differences over the text of S. 3021 prior to the adjournment of the 115th Congress.

This could be through a further exchange of amendments between the chambers or through the

creation of a conference committee. For information on S. 3021, see CRS Report R45185, Army

Corps of Engineers: Water Resource Authorization and Project Delivery Processes, by (name reda

cted) , and CRS Report R45304, Drinking Water State Revolving Fund (DWSRF): Overview,

Issues, and Legislation, by (name redacted).

Enactment of S. 3021 likely would mean that the 115th Congress would not take further action on

H.R. 8 or on the Senate EPW-posted amendment to H.R. 8, the two legislative texts discussed in

this report. For reference, Table 1 provides information on the title and status of the various

legislative texts for omnibus water authorization in the 115th Congress, as of October 2, 2018.

1 The text of the amendment in the nature of a substitute was made available on July 9, 2018, on the Senate Committee

on Environment and Public Works website: https://www.epw.senate.gov/public/index.cfm/addressing-americasinfrastructure-needs. The text of the amendment is no longer available at the link.

2 Senate Committee on Environment and Public Works, “Senate and House Committee Leadership Announce

Agreement on Water Infrastructure Legislation,” press release, September 10, 2018, at https://www.epw.senate.gov/

public/index.cfm/press-releases-republican?ID=6E33F47F-2BF9-4BC8-A303-FD5B99B7F5FC.

3 Along with other drinking water-related provisions, Title II of the House amendment to S. 3021 largely parallels H.R.

3387, the Drinking Water Systems Improvement Act of 2017 (H.Rept. 115-380)—a Safe Drinking Water Act (SDWA)

authorization bill with provisions to improve public water systems, SDWA compliance, infrastructure consumer

confidence, and drinking water infrastructure.

4 For more information, see CRS Report R41003, Amendments Between the Houses: Procedural Options and Effects,

by (name redacted) .

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Table 1. Title and Status of Legislative Text for

Omnibus Water Authorization in the 115th Congress as of October 2, 2018

S. 2800

H.R. 8

Senate EPW-Posted

Amendment

to H.R. 8

Title

AWIA 2018

WRDA 2018

AWIA 2018

AWIA 2018

Status

Senate Committee on

Environment and Public

Works (Senate EPW)

reported S. 2800

without a written

report on May 22,

2018.

House passed H.R. 8

by a 408-2 recorded

vote on June 6, 2018;

it was received in the

Senate on June 11,

2018.

Senate EPW posted an

amendment in the

nature of a substitute

to H.R. 8 on July 9,

2018; it included

various changes from S.

2800 as reported.

S. 3021, which was

passed by the Senate as

a courthouse-naming bill,

was amended in the

House on September 13,

2018, to include the

negotiated text. Message

on House action

received in Senate on

September 17, 2018.

House Amendment

to S. 3021

Source: Congressional Research Service (CRS).

Notes: AWIA 2018 = America’s Water Infrastructure Act of 2018; WRDA = Water Resources Development

Act of 2018.

Introduction to H.R. 8 and Senate EPW-Posted Amendment to H.R.

8 Amendment and Scope of Report

This CRS report reflects deliberations and effects of H.R. 8 as it was passed by the House

(referred to herein as WRDA 2018) on June 11, 2018, and the amendment in the nature of a

substitute to H.R. 8 as it was posted by the Senate EPW on July 9, 2018 (referred to herein as

AWIA 2018). Subsequent legislative actions on omnibus water resource legislation (e.g., Housepassed amendments to S. 3021) generally are not reflected in this report. Deliberations on WRDA

2018 and AWIA 2018 included discussions of the scope of water issues to be addressed and how

the legislation would influence federal and nonfederal investments in water infrastructure. In

addition, there was some interest in altering how the U.S. Army Corps of Engineers (USACE)

was structured and in modifying its operations and delivery of water resource projects. In the

Senate, deliberations also focused on a range of drinking water and water quality issues facing

communities and rural areas. Issues included infrastructure needs and the federal role and options

for funding projects, communities’ ability to comply with water quality regulatory requirements

and options for compliance flexibility and affordability, infrastructure resiliency, and technology

innovation, among others.

In the tradition of previous legislation with the Water Resources Development Act (WRDA) title,

WRDA 2018 focused primarily on authorizing water resource projects and activities of the U.S.

Army Corps of Engineers (USACE) and dam and levee safety programs. AWIA 2018 included

not only provisions related to USACE, but also provisions involving water quality and drinking

water programs administered by the U.S. Environmental Protection Agency (EPA), particularly in

Title V of AWIA 2018 (“EPA-Related Provisions”). In addition, AWIA 2018 included a few other

provisions that relate primarily to tribal water-related programs and authorities, and certain

Department of the Interior (DOI) activities and programs.

This report provides an overview of WRDA 2018 (H.R. 8 as passed by the House) and AWIA

2018 (the amendment in the nature of a substitute to H.R. 8 posted by the Senate EPW on July 9,

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2018) and topics shaping deliberations.5 After a brief background, the report presents a broad

overview of WRDA 2018 and AWIA 2018. The subsequent section describes the context for the

USACE provisions of WRDA 2018 and AWIA 2018. The final section describes EPA-related

provisions.

Water Authorization Bills in Previous Congresses

Congress generally authorizes USACE water resource activities in authorization legislation prior

to funding the activities through appropriations legislation. USACE’s ability to act on an

authorization often is determined by funding. Congress generally authorizes numerous new

USACE site-specific activities and provides policy direction in an omnibus USACE authorization

bill, typically a WRDA. A few provisions in WRDA bills have time-limited authorizations;

therefore, some WRDA provisions may reauthorize expired or expiring authorities.

Beginning with WRDA 1986 (P.L. 99-662), Congress loosely followed a biennial WRDA cycle

for several years. WRDAs were enacted in 1988 (P.L. 100-676), 1990 (P.L. 101-640), 1992 (P.L.

102-580), 1996 (P.L. 104-303), 1999 (P.L. 106-53), 2000 (P.L. 106-541), and 2007 (P.L. 110-114).

The Water Resources Reform and Development Act of 2014 (WRRDA 2014; P.L. 113-121) was

enacted in June 2014.6

The most recently enacted water authorization legislation was the Water Infrastructure

Improvements for the Nation Act (WIIN; P.L. 114-322); it was enacted in December 2016.7 WIIN

included titles on water-related programs and projects spanning various agencies and

departments. Title I of the bill—which had a short title of WRDA 2016—focused specifically on

USACE water resource authorizations. Titles II, III, and IV focused primarily on other agencies;

many of the specific provisions in these titles had little or no relationship to USACE.

Overview of WRDA 2018 (H.R. 8) and AWIA 2018 (Amendment to

H.R. 8)

Both WRDA 2018 and AWIA 2018 included numerous provisions that address USACE-related

activities. For example, both WRDA 2018 and AWIA 2018 would have authorized USACE to

conduct new studies and construct new projects, and both WRDA 2018 and AWIA 2018 would

have modified existing authorizations.8 For example, USACE and the Federal Emergency

Management Agency (FEMA) have certain responsibilities related to national programs for dam

and levee safety. Both WRDA 2018 and AWIA 2018 would have extended beyond FY2019 the

authorization of appropriations for a federal levee safety initiative and a national dam safety

5 This report focuses on WRDA 2018 and AWIA 2018; generally the report does not reference other proposed

legislation in the 115th Congress that may have included provisions that were similar to or related to provisions in

WRDA 2018 or AWIA 2018.

6 For more information on WRRDA 2014, see CRS Report R43298, Water Resources Reform and Development Act of

2014: Comparison of Select Provisions, by (name redacted) et al.

7 For more information on WIIN, see CRS In Focus IF10536, Water Infrastructure Improvements for the Nation Act

(WIIN), by (name redacted) et al.

8 These studies, projects, and project modifications were identified using processes similar to the processes used for the

Water Infrastructure Improvements for the Nation Act (WIIN; P.L. 114-322). These processes shape the ability for

geographically specific provisions to be included in legislation while restrictions on congressionally directed spending

are in place. For more about these processes, see CRS Report R45185, Army Corps of Engineers: Water Resource

Authorization and Project Delivery Processes, by (name redacted).

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program; WRDA 2018 would have extended the authorizations of appropriations through

FY2023, and AWIA 2018 would have extended them through FY2021.

Table 2 provides a summary of the organization of WRDA 2018 and AWIA 2018 and their status.

A broad difference between the two was their scope. WRDA 2018 focused on USACE water

resource projects and programs and dam and levee safety program authorities; although the

majority of AWIA 2018’s titles and provisions also related to the USACE’s water resource

projects, numerous provisions of AWIA 2018 were not directly related to USACE water resource

activities. AWIA 2018 included provisions addressing a range of other topics, including EPA

administered water programs and regulatory authorities, and water-related activities and other

authorities of the Department of the Interior and other agencies. For example, the following DOIrelated provisions were in AWIA 2018:

Section 1046 related to the processing of take permits by DOI’s Fish and Wildlife

Service for bald and golden eagles or certain other migratory birds (e.g., permits

that allow birds to be killed, harassed, or captured);

Section 3301 related to the Bureau of Reclamation’s Fontenelle reservoir; and

Section 5007 related to water resources research institutes at state universities

that are supported through a program administered by the U.S. Geological

Survey.

AWIA 2018 also included provisions that were not tied to a specific agency; Section 1042, for

example, related to the use by federal and state agencies of geomatic data in the approval of

federal authorizations (conditional upon subsequent onsite inspection).9

In addition, AWIA 2018 would have addressed an array of water-related programs and activities

specific to tribes; most of these provisions were in Subtitle I of Title III. They included provisions

related to Indian dam safety and irrigation authorities and USACE housing assistance related to

certain dam construction in the Pacific Northwest. A few provisions were in other titles of AWIA

2018; for example, Section 1040 would have required that nonfederal interests for a water

resource development study or project be provided “the opportunity to participate in all

consultations with Federal and State agencies and Indian tribes required by Federal law.” WRDA

2018 had fewer provisions affecting tribes than AWIA 2018, and they directly related to USACE

activities.

9 Section 1042 described the data gathered by geomatic techniques as including “tools and techniques used in land

surveying, remote sensing, cartography, geographic information systems, global navigation satellite systems,

photogrammetry, geophysics, geography, or other remote means.” The provision would have required state and federal

entities considering aspects of an application for any federal authorization to consider geomatic data submitted by the

applicant, and allow the applicable agency to “grant conditional approval for Federal authorization, conditioned on the

verification of such data by subsequent onsite inspection.” The use of geomatic data in approvals has been seen as a

means to proceed with federal authorizations when permission to access private parcels for surveying has not been

provided. For example, a January 2017 article in a surveying industry magazine described how a developer of a natural

gas pipeline reverted to the courts in Ohio to gain access to certain private lands for surveys (“Landowner Rights vs.

Surveyor Access,” Point of Beginning, January 1, 2017, https://www.pobonline.com/articles/100715-landowner-rightsvs-surveyor-access).

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Table 2. WRDA 2018 (H.R. 8) and AWIA 2018 (Amendment to H.R. 8) Overview:

Titles, Bill Status, and Related Documents

WRDA 2018

(H.R. 8)

AWIA 2018

(Senate EPW-Posted

Amendment to H.R. 8)

Short Title of Proposed

Legislation

Water Resources Development Act of 2018

(WRDA 2018)

America’s Water Infrastructure Act of 2018

(AWIA 2018)

Titles in Bill Primarily

Related to U.S. Army

Corps of Engineersa

“Title I. General Provisions”

“Title I. General Provisions”

“Title II. Studies”

“Title II Studies, Modifications, and Project

Authorizations”

Topic

“Title III. Deauthorizations, Modifications,

and Related Provisions”

“Title IV. Water Resources Infrastructure”

“Title III. Primary Corps of Engineers

Activities”

Other Titles in Bill

None

“Title V. EPA-Related Provisions”

Status of Legislation as of

October 2, 2018

The House passed H.R. 8 by a 408-2

recorded vote on June 6, 2018; it was

received in the Senate on June 11, 2018.

(See S. 3021 for subsequent legislative

activity on omnibus water authorization

legislation.)

Senate Committee on Environment and Public

Works (Senate EPW) reported S. 2800

without a written report on May 22, 2018;

S.Rept. 115-294 was filed on July 10, 2018.

“Title IV. Sense of Congress Related to

Certain Projects”

Senate EPW posted an amendment in the

nature of a substitute to H.R. 8 on July 9,

2018; it included various changes from S. 2800

as reported.

(See S. 3021 for subsequent legislative

activity on omnibus water authorization

legislation.)

Congressional Budget

Office (CBO) Cost

Estimate

CBO estimate was available on June 4,

2018, for H.R. 8 as reported by the House

Transportation and Infrastructure

Committee.b

No CBO estimate of H.R. 8 as passed by

the House was available.

Statement of

Administration Policy

(SAP)

SAP on H.R. 8 (reflecting the House Rules

Committee Print 115-72, which was used

for purposes of drafting amendments for

the House floor).e

CBO estimate available on June 28, 2018, for

S. 2800 as reported by the Senate EPW.c

CBO estimate available on July 10, 2018, for

the July 9, 2018, Senate EPW-posted

amendment in the nature of a substitute to

H.R. 8; it estimated the direct spending and

revenue effects.d

None available as of October 2, 2018.

Sources: CRS using H.R. 8, Water Resources Development Act of 2018 (WRDA 2018), as passed by the

House, and the amendment in the nature of a substitute to H.R. 8, America’s Water Infrastructure Act of 2018

(AWIA 2018) posted by the Senate EPW on July 9, 2018, at https://www.epw.senate.gov/public/index.cfm/

addressing-americas-infrastructure-needs. It is no longer available at that website.

Notes: EPA = U.S. Environmental Protection Agency.

a. Although the titles focused primarily on USACE, some provisions related both to USACE and to other

agencies, and a few provisions in some of the primarily USACE titles in AWIA 2018 did not appear to be

directly associated with USACE authorities.

b. The June 4, 2018, CBO estimate is available at https://www.cbo.gov/system/files?file=115th-congress-20172018/costestimate/hr8.pdf.

c. The June 28, 2018, CBO estimate is available at https://www.cbo.gov/system/files?file=2018-06/54143s2800.pdf.

d. The July 10, 2018, CBO estimate is available at https://www.cbo.gov/system/files?file=2018-07/hr8_S.pdf; it

did not estimate spending subject to appropriations.

e. The June 5, 2018, SAP is available at https://www.whitehouse.gov/wp-content/uploads/2018/06/

saphr8hr_20180605.pdf.

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USACE in WRDA 2018 and AWIA 2018

USACE-Related Context and Issues

Hearings and statements related to water resource projects during the 115th Congress have

referenced not only the importance of USACE activities in addressing demand for water resource

infrastructure and the resulting benefits but also the agency’s $96 billion backlog of construction

activities.10 This backlog reflects the costs associated with constructing new works and

rehabilitating existing infrastructure to maintain its safety and services. This backlog also reflects

the difference between federal funding appropriated for these projects and the rate of project

authorization. Among the issues that shaped the deliberation of WRDA 2018 and AWIA 2018

were the extent to which the legislation addresses the delivery of water resource projects and the

legislation’s effect on federal spending.

Congress has, particularly in WRRDA 2014 and WIIN, provided opportunities for nonfederal

entities to have more prominent roles in the delivery and funding of projects, while maintaining

the division of costs and responsibilities between the federal government and nonfederal project

sponsors. Nonfederal entities have been using these authorities to conduct work on studies and

projects and to receive federal credit or be eligible for reimbursement for this work. WRRDA

2014 also provided for new or expanded authorities for novel financing of water resource

projects, including authorities for piloting public-private partnerships (P3) and the Water

Infrastructure Finance and Innovation Act (WIFIA) credit assistance program.11 USACE’s WIFIA

and P3 efforts have encountered implementation challenges.12

Although President Trump (as well as previous Presidents) and many Members of Congress have

expressed interest in improving the nation’s infrastructure, including its water resource

infrastructure, balancing the potential benefits of such improvements and concerns about

increased federal expenditures poses an ongoing challenge. Cost estimates by the Congressional

Budget Office (CBO) have been part of the deliberations about previous water authorization bills

and have influenced which provisions are included in enacted legislation. On June 4, 2018, CBO

released a cost estimate on H.R. 8 as reported by the House Committee on Transportation and

Infrastructure; on June 28, 2018, CBO released a cost estimate for S. 2800, as reported; and on

July 10, 2018, CBO released an estimate of the direct spending and revenue effects for the

amendment in the nature of a substitute to H.R. 8 (as posted on the Senate EPW website on July

9, 2018).13

10 For example, U.S. Congress, House Committee on Transportation and Infrastructure, Subcommittee on Water

Resources and Environment, America’s Water Resources Infrastructure: Approaches to Enhanced Project Delivery,

115th Cong., 2nd sess., January 18, 2018.

11 33 U.S.C. §§3901-3914. For more on the status of EPA and USACE WIFIA authorities, see CRS Report R43315,

Water Infrastructure Financing: The Water Infrastructure Finance and Innovation Act (WIFIA) Program, by (name red

acted) and (name redacted)

.

12 As of FY2018, USACE had yet to implement its WIFIA authority; the Trump Administration (like the Obama

Administration) had not requested and Congress had not appropriated funds to USACE for its WIFIA start-up costs. In

contrast, the Administration requested funds and received funding from Congress for EPA to implement its WIFIA

authority. For a discussion of some of the issues that have impeded greater private-sector participation and publicprivate partnerships efforts for USACE and water resource projects (e.g., limitations on USACE entering into longterm contracts and challenges to assessing project-specific user fees), see CRS Testimony TE10023, America’s Water

Resources Infrastructure: Approaches to Enhanced Project Delivery, by (name redacted).

13 June 4, 2018, CBO cost estimate available at https://www.cbo.gov/system/files?file=115th-congress-2017-2018/

costestimate/hr8.pdf. June 28, 2018, CBO cost estimate available at https://www.cbo.gov/system/files?file=2018-06/

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USACE Topics Related to WRDA 2018 and AWIA 2018

Deliberations

Provisions in WRDA 2018 and AWIA 2018 would have addressed the following selected broad

USACE topics:

information dissemination and public input;

USACE permissions and permits for nonfederal activities;

studies of USACE structure and efficiency;

budget processes for USACE;

nature-based alternatives and projects;

continuing authorities programs;

project and study deauthorization;

independent peer review;

innovative financing for water resource projects;14

permitting of nonfederal water storage;15 and

pricing of storage for domestic, municipal, and industrial water supply.16

Table 3 discusses each of these topics. Although both WRDA 2018 and AWIA 2018 included

provisions related to USACE structure and efficiency, neither proposed to shift USACE civil

works responsibilities out of the Department of Defense. In June 2018, the Trump Administration

proposed transferring the USACE navigation responsibilities to the Department of Transportation

and all other civil works responsibilities to the Department of the Interior.17

In addition to the topics and provisions described in Table 3, numerous other USACE policies,

authorities, and projects were addressed by other provisions of WRDA 2018 and AWIA 2018.

These other provisions, as well as concerns that have shaped previous deliberations on USACE

authorizing legislation, also shaped congressional deliberations of WRDA 2018 and AWIA 2018.

Examples of such topics include the following: authorities for credit and reimbursement for

54143-s2800.pdf. July 10, 2018, CBO cost estimate available at https://www.cbo.gov/system/files?file=2018-07/

hr8_S.pd.

14 Some of these topics were in hearings and bill markups during the 115 th Congress (e.g., budget process for USACE,

studies of USACE structure and efficiency, and USACE permissions and permits for nonfederal activities). Other

topics were notable because of their role in past deliberations related to USACE water resource authorization

legislation; for example, independent peer review was a prominent element of the debate associated with WRDA 2007.

15 For background on the USACE role in administering Section 404 of the Clean Water Act (33 U.S.C. §1344, under

which USACE authorizes activities that may discharge dredge or fill material into waters of the United States,

including wetlands), see CRS Report RL30030, Clean Water Act: A Summary of the Law, by (name redacted)

.

16 The Obama and Trump Administrations received comments on a December 2016 notice of a proposed rulemaking

related to the policies governing the use of USACE reservoirs for domestic, municipal, and industrial supply pursuant

to two statutory authorities (Department of the Army, U.S. Army Corps of Engineers, “Use of U.S. Army Corps of

Engineers Reservoir Projects for Domestic, Municipal & Industrial Water Supply,” 81 Federal Register 91556-91590,

December 16, 2016, at https://www.federalregister.gov/documents/2016/12/16/2016-30017/use-of-us-army-corps-ofengineers-reservoir-projects-for-domestic-municipal-and-industrial-water). Although subject to change, the most recent

published information for this rulemaking’s timeline is an estimated issuance of a final rule in January 2019.

17 Executive Office of the President of the United States, Delivering Government Solutions in the 21st Century: Reform

Plan and Reorganization Recommendations, June 2018, pp. 14, 30-31, at https://www.performance.gov/GovReform/

Reform-and-Reorg-Plan-Final.pdf.

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nonfederal investments associated with USACE projects, authorities for USACE beach

nourishment activities, USACE authorities for environmental infrastructure assistance, and

disposition of functioning and obsolete USACE infrastructure, private funding for the processing

of USACE permits and permissions, and mitigation of the wetlands and environmental effects of

USACE projects.18

WRDA 2018 included a limited number of project-specific provisions; AWIA 2018 included

project-specific provisions and numerous provisions that related to specific river basins or states.

These types of provisions have at times shaped past debates of omnibus USACE authorization

legislation. Congressional deliberations in the 115th Congress also were shaped by projectspecific provisions or provisions that address specific river basins or states.19

H.R. 8 as marked up by the House Transportation and Infrastructure Committee included a

provision related to the use of the Harbor Maintenance Trust Fund (HMTF) to support navigation;

the provision was not included in the House Rules Committee Print 115-72 or in H.R. 8 as passed

by the House.20 The HMTF provision would have provided that, for FY2029 and thereafter, the

Secretary of the Army shall have available without further appropriations monies from the HMTF

to cover the eligible operations and maintenance costs assigned to commercial navigation of all

U.S. harbors and inland harbors.21 AWIA 2018 did not contain an HMTF provision similar to the

one in H.R. 8 as marked up by House Transportation and Infrastructure Committee.

18 Many of these topics were part of the deliberations during the congressional consideration of WRRDA 2014 and are

discussed in CRS Report R43298, Water Resources Reform and Development Act of 2014: Comparison of Select

Provisions, by (name redacted) et al. For more on USACE environmental infrastructure assistance (i.e., USACE

technical and financial assistance with design and construction of municipal drinking water and wastewater

infrastructure projects), see discussion in CRS Report R45185, Army Corps of Engineers: Water Resource

Authorization and Project Delivery Processes, by (name redacted).

19 For example, a basin topic that has been the subject of ongoing congressional interest is control of the movement of

Asian carp, an aquatic nuisance species, from the Mississippi River basin into the Great Lakes basin and related studies

and investments by USACE; §205 of WRDA 2018 and §2306 of AWIA 2018 would have addressed the USACE study

and USACE operations and maintenance investments at Brandon Road lock and dam on the Illinois Waterway.

Another example of a basin topic of ongoing congressional interest related to USACE policies and practices on

domestic, municipal, and industrial water supply in the Upper Missouri mainstem reservoirs (e.g., U.S. Congress,

Senate Committee on Environment and Public Works, Subcommittee on Superfund, Waste Management, and

Regulatory Oversight, Oversight of the Army Corps’ Regulation of Surplus Water and the Role of States’ Rights, 115th

Cong., 2nd sess., June 13, 2018). Section 1049 of AWIA 2018 would have established a process for obtaining a USACE

easement for a water withdrawal structure that crosses federal land at the agency’s Upper Missouri mainstem

reservoirs; §3302 of AWIA 2018, which would have altered how the Secretary of the Army determines the price of

water storage contracts nationally, is discussed in Table 3.

20 According to the website of the House Committee on Rules (https://rules.house.gov/bill/115/hr-8), “The Rules

Committee Print strikes section 102 of H.R. 8 as ordered reported; section 102 allows the balances in the Harbor

Maintenance Trust Fund to be spent in 2029 without appropriation. Section 102 was removed to ensure compliance

with the Rules of the House and the Congressional Budget Act.” During deliberations of H.R. 5303 during the 114th

Congress, a similar Harbor Maintenance Trust Fund provision was in the House Transportation and Infrastructure

Committee’s reported version and also was removed from the Rules Committee Print.

21 The funds made available by the Harbor Maintenance Trust Fund (HMTF) provision would have been in addition to

the HMTF amounts appropriated through the annual discretionary appropriations process. The HMTF receives harbor

maintenance taxes (12.5 cents per $100 of cargo value) from importers and domestic shippers using coastal and Great

Lakes ports. Discretionary appropriations that draw from the HMTF often have not kept pace with tax collections. An

almost $10 billion HMTF surplus as of the start of FY2019 has developed. WRRDA 2014 included provisions to

promote greater HMTF spending by establishing near-term targets for spending from the trust fund.

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Table 3. Selected USACE Topics and

Related Provisions in WRDA 2018 and AWIA 2018

AWIA 2018

(Senate EPW-Posted

Amendment to H.R 8)

WRDA 2018

(H.R. 8)

Topic

Information

Dissemination

and Public Input

§113 would have require the U.S. Army

Corps of Engineers (USACE) to develop

education and awareness efforts for

nonfederal interests related to the

Section 7001 annual report process,

which is the process established by the

Water Resources Reform and

Development Act of 2014 (WRRDA

2014, P.L. 113-121) to identify proposals

for new studies, construction projects,

and project modifications.

§114 would have required public notice of

implementation guidance for provisions of

WRRDA 2014, the Water Resources

Development Act (WRDA, Title I of P.L.

114-322) of 2016, WRDA 2018, and

subsequent water resources development

laws and would have required nonfederal

entities to have an opportunity for input

on the guidance.

No provisions related to information

dissemination about the Section 7001 annual

report process.

§1011 in general would have required that

USACE issue the outstanding implementation

guidance for WRRDA 2014 and Water

Infrastructure Improvements for the Nation Act

(WIIN, P.L. 114-322) within 120 days of AWIA

2018 enactment.

§1012 would have required USACE in general

to develop implementation guidance for

provisions of AWIA 2018 within a year of

enactment, for there to be an opportunity for

public comment on the guidance and for

submission of the public comments and USACE

consideration of the comments to the

authorizing committees.

USACE

Permissions and

Permits for

Nonfederal

Activities

§116 would have excluded unimproved

real estate owned and operated by

USACE as part of a water resource

project from the definition of works in 33

U.S.C. §408 if the Secretary of the Army

determined that the modification of the

real estate would not have affected the

function or usefulness of the project.a

§122 would have removed the

requirement that a nonfederal entity

carrying out a federally authorized water

resource project must obtain federal

permits or approvals that would not be

required if USACE were carrying out the

project. §122 would have required

USACE to perform studies, engineering,

and technical assistance, including

obtaining permits for nonfederal-led

construction projects if requested and

paid for by a nonfederal interest.

§1033 would have provided USACE District

Engineers (or the Secretary of the Army on the

request of the applicant) the authority to

approve alterations to local flood control

projects in accordance with “section 208.10 of

title 33 Code of Federal Regulations (or

successor regulations), and other applicable

laws (including regulations) related to flood

control.”

§1034 would have allowed a nonfederal entity

carrying out a qualifying water resource project

pursuant to 33 U.S.C. §2232 to request from

USACE related data and documentation and

technical assistance for obtaining permits in the

most expeditious manner practicable.

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AWIA 2018

(Senate EPW-Posted

Amendment to H.R 8)

WRDA 2018

(H.R. 8)

Topic

Studies of

USACE

Structure and

Efficiency

§118 would have required the National

Academy of Sciences (NAS) to deliver a

study within two years after enactment

that (1) evaluated USACE’s ability of carry

out its mission and responsibilities and the

potential effects of transferring functions,

assets, staff, and so on from the

Department of Defense and (2)

recommended improvements to USACE

project delivery accounting for annual

appropriations and USACE leadership and

geographic structure.

§1002 would have required NAS to study ways

to improve transparency, whether a projectbased or system-wide authorization process

should be used, and the effectiveness of the

structure and organization of USACE.

§1014 would have required the Secretary of the

Army within a year of AWIA 2018 enactment

to complete a study (originally requested in

1986 WRDA 1986, P.L. 99-662) on increasing

USACE capabilities to undertake planning and

construction of water resource projects on an

expedited basis, including increased reliance on

the private sector.

Budget Process

for USACE

§126 would have required NAS to study

the economic principles and methods

used by the USACE to formulate,

evaluate, and budget for water resources

development projects and to make

recommendations on changes to improve

transparency, return on federal

investment, cost savings, and prioritization

in USACE budgeting of these projects.

§125 would have provided a sense of

Congress on the President’s USACE

budget submission to Congress.

§1001 would have established a five-year budget

and work plan process for USACE that

consisted of a headquarters plan, a plan for each

of the USACE districts, and criteria for the

development of these plans. The process would

have included the identification of projects or

initiatives of national significance to be managed

by USACE headquarters and projects or

initiatives of regional, tribal, or local significance

to be managed by the districts, as well as

opportunities for public and nonfederal sponsor

input into the process.

§1036 would have prohibited the Secretary of

the Army from updating the benefit-cost

analysis after the benefit-cost analysis has been

“administratively finalized” for a USACE project

for which construction had commenced with

certain exemptions.

Nature-Based

Alternatives and

Projects

§131 would have required the

Government Accountability Office to

study USACE consideration of natural and

nature-based features in feasibility studies

related to coastal and riverine flooding

and ecosystem restoration.

§1020 would have required that in each

feasibility study for flood or storm risk

reduction that both traditional and natural

infrastructure alternatives be considered, alone

or in conjunction with each other, if the

alternatives were practicable.

§1032 would have provided a sense of Congress

that the Secretary of the Army shall encourage

resilient structural and nonstructural

construction techniques and that nonstructural

approaches should include natural and naturebased solutions.

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AWIA 2018

(Senate EPW-Posted

Amendment to H.R 8)

WRDA 2018

(H.R. 8)

Topic

Continuing

Authorities

Program (CAP)b

§134 and §169 would have increased the

program authorization of appropriations

and per-project limit for the federal costs

for a two small navigation CAP projects

and for small shore and beach restoration

and protection CAP projects,

respectively.

§3001 would have increased the program

authorization of appropriations and/or the perproject limit for federal costs for eight specified

CAP authorities.

§3002 would have provided a sense of Congress

that for each fiscal year there should be made

available to USACE the full amount of

appropriations to carry out nine specified CAP

authorities (including the two CAPs amended in

§134 and §169 of WRDA 2018).

§3003 would have required that as soon as

practicable after AWIA 2018 enactment that

the CAP prioritization and annual reports called

for in previous legislation be published in the

Federal Register and made publicly available

online.

Project and

Study

Deauthorization

§301 would have established a process to

deauthorize $3.15 billion in unconstructed

water resource projects that meet certain

criteria.

§302 would have provided for

deauthorization of unconstructed projects

authorized by WRDA 2018 after 10 years

if no funds had been obligated for

construction, unless specific conditions

apply. §302 would have changed the

deauthorization of projects authorized in

WRRDA 2014 from 7 years to 10 years

following WRRDA 2014 enactment in

June 2014.

§312 would have required that the

unconstructed projects on the list

transmitted to Congress on December

15, 2016, not be deauthorized if the

projects did not meet criteria in

§1301(b)(1)(A) of WRDA 2016.c

No provision on a deauthorization

process of inactive studies similar to

§2108 of AWIA 2018.

§2107 would have changed the deauthorization

of projects authorized in WRRDA 2014 from 7

years to 10 years following date of WRRDA

2014 enactment and would have changed the

deauthorization of studies started after

WRRDA 2014 from 7 years to 10 years after

initiation.

§2108 would have established a process to

deauthorize $7.5 billion in water resource

feasibility studies that had not received federal

funds during the 10 years preceding AWIA

2018 enactment.

§2113 would have appeared to deauthorize

upon AWIA 2018 enactment unconstructed

projects that never received obligations or had

not received obligations for planning, design, or

construction since FY2000, and were on a list

transmitted to Congress on December 15,

2016; the provision did not apply to a project

for Pearl River basin, MS.d

No provision on a deauthorization process of

unconstructed projects similar to §301 of

WRDA 2018. No provisions related to

deauthorization of projects authorized by

AWIA 2018 similar to §302 of WRDA 2018.

Independent

Peer Review

No similar provisions.

§1023 would have extended the authorization

of independent peer review of USACE studies

for an additional five years (i.e., from 2019 to

2024) and would have required the Secretary of

the Army to report on the effect of the

required peer reviews.

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AWIA 2018

(Senate EPW-Posted

Amendment to H.R 8)

WRDA 2018

(H.R. 8)

Topic

Innovative

Financing

No similar provisions.

§1025 would have required the Secretary of the

Army within a year of AWIA 2018 enactment

to report to the authorizing committees on the

results of a study of impediments to USACE

implementation of the Water Infrastructure

Financing Innovation Act (WIFIA), potential

projects for WIFIA assistance, and identified

amendments to statutes and regulation to

improve USACE implementation of WIFIA.

§5002 would have reauthorized appropriations

for WIFIA for USACE through FY2021.

Permitting of

Nonfederal

Water Storage

No similar provision.

§1028 would have required that the USACE

District Engineer provide a purpose and need

statement to the applicant for a permit for a

water storage project within 90 days of a

complete application. Prior to issuing a permit

decision, the Secretary of the Army would have

been required to provide the applicant a record

of decision that described all applicable permit

conditions. The Secretary of the Army would

have been required to establish a board of

appeals to make a determination regarding an

appeal of a purpose and need statement and/or

permit condition; the District Engineer would

have been required to then reconsider the

purpose and need statement or permit

condition, taking into consideration the board’s

determination.

§3305 would have established a 10-year USACE

permit pilot program to expedite review for

drinking water reservoirs that met certain

criteria.

Pricing of

Storage for

Domestic,

Municipal, and

Industrial Water

Supply

No similar provision.

§3302 would have required that the Secretary

of the Army establish the price for domestic,

municipal, and industrial water storage

contracts at a reservoir at no more than 110%

of the lowest-contracted price (adjusted for

inflation) used in water storage contracts

executed prior to January 1, 2018, for USACE

facilities within 50 miles of the water source

covered by the storage contract. The provision

would have applied only to the contracts

executed by the Secretary of the Army under

the authority at 43 U.S.C. §390b and would

have been limited to projects that did not

include hydropower as an authorized project

purpose.

Sources: CRS using H.R. 8, Water Resources Development Act of 2018 (WRDA 2018), as passed by the House

on June 11, 2018, and the amendment in the nature of a substitute to H.R. 8, America’s Water Infrastructure Act

of 2018 (AWIA 2018) as posted by the Senate EPW on July 9, 2018, at https://www.epw.senate.gov/public/

index.cfm/addressing-americas-infrastructure-needs. It is no longer available at that website.

a. Permissions to alter USACE water resource projects are referred to as Section 408 permissions. The

provision would have eliminated the need for a Section 408 permission for qualifying non-USACE

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b.

c.

d.

alterations of USACE real estate; other actions by USACE may still have been required (e.g., granting of a

right-of-way).

For more information on CAP, see CRS Report R45185, Army Corps of Engineers: Water Resource

Authorization and Project Delivery Processes, by (name redacted) .

Under current statute, the projects on the list are anticipated to be deauthorized on October 1, 2018. The

criteria in WRDA 2016 that would have applied to the transmitted list pursuant to §312 would be the

following: the project had been authorized prior to November 8, 2007 (which is the day prior to enactment

of the Water Resources Development Act of 2007, P.L. 110-114), and had not had planning, design, or

construction initiated either before WRDA 2016 enactment or in the six preceding fiscal years.

Under current statute, the projects on the list were deauthorized on October 1, 2018.

EPA in WRDA 2018 and AWIA 2018

EPA-Related Context and Issues

In addition to water resource issues, the 115th Congress has given considerable attention to

drinking water and wastewater infrastructure management and funding issues. Numerous bills

have been introduced to amend EPA-administered programs under the Clean Water Act (CWA)22

and/or the Safe Drinking Water Act (SDWA)23 to help municipalities meet public health and

environmental quality goals through drinking water and wastewater infrastructure improvements

and other means. These bills would variously increase federal investment in water infrastructure,

promote infrastructure resiliency and sustainability, and increase capacity to comply with CWA

and SDWA mandates.24 Many of these objectives were incorporated in provisions of AWIA 2018.

Similarly, WRRDA 2014 and WIIN in 2016 addressed water infrastructure programs

administered by EPA. WRRDA 2014 included WIFIA, which authorized EPA and USACE to

provide credit assistance for an array of water infrastructure projects, including projects to build

and upgrade wastewater and drinking water treatment systems—and, specifically, projects

eligible to receive assistance under the Clean Water State Revolving Fund (CWSRF) and

Drinking Water State Revolving Fund (DWSRF) programs.25 WIFIA specifies that state

infrastructure finance authorities are eligible to receive WIFIA assistance. WRRDA 2014 also

made significant revisions to the CWSRF program. In 2016, WIIN, Title II (Water and Waste Act

of 2016), made numerous amendments to SDWA.26

22 33 U.S.C. §§1251-1387.

23 42 U.S.C. §§300f-300j-24.

24 For more information, see CRS Report R45304, Drinking Water State Revolving Fund (DWSRF): Overview, Issues,

and Legislation, by (name redacted),and CRS Report R44963, Wastewater Infrastructure: Overview, Funding, and

Legislative Developments, by (name redacted)

.

25 In contrast to EPA, USACE has yet to implement its WIFIA authority; the Trump Administration (like the Obama

Administration) has not requested and Congress has not appropriated funds to USACE for its WIFIA start-up costs. For

more information, see CRS Report R43315, Water Infrastructure Financing: The Water Infrastructure Finance and

Innovation Act (WIFIA) Program, by (name redacted) and (name redacted)

.

26 P.L. 114-322, Title II, comprised the Water and Waste Act of 2016. WIIN, Title II, Subtitle A, made numerous

revisions to the Safe Drinking Water Act, including the Drinking Water State Revolving Fund (DWSRF) provisions

(42 U.S.C. §§300f-300j-26). Title II, Subtitle B, authorized $100 million in DWSRF capitalization grants and other

emergency assistance for Flint, MI, to address lead in the water system. For more information, see CRS In Focus

IF10577, Water Infrastructure Improvements for the Nation (WIIN) Act, P.L. 114-322: Drinking Water Provisions, by

(name redacted).

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EPA Topics Related to WRDA 2018 and AWIA 2018 Deliberations

AWIA 2018 included numerous provisions involving EPA-administered water quality

infrastructure programs and other authorities. Most of these provisions occurred in Title V, but

other titles also featured EPA-relevant provisions (e.g., Section 3702 proposed to amend and

reauthorize EPA’s Long Island Sound programs).

Title V of AWIA 2018 would have amended the CWA to (1) reauthorize the appropriation of

grants for municipal sewer overflow projects and to make stormwater management projects

eligible for these grants; (2) authorize a technical assistance program for small- and mediumsized wastewater treatment works; and (3) formally authorize EPA’s integrated planning

initiative, which is intended to help municipalities comply with multiple CWA wastewater

discharge mandates.27 AWIA 2018 would have further amended the CWA to require certain EPA

offices to promote the use and coordinate the integration of green infrastructure into permitting,

planning, research, funding guidance, and other activities, among other provisions.

Section 3308 of AWIA 2018 proposed to amend the CWA to codify in statute the existing EPA

regulations on water transfers.28 It would have defined water transfer as “an activity that conveys

or connects waters of the United States without subjecting the water to intervening industrial,

municipal, or commercial use.” It would also have specified that discharges from water transfers

do not require a CWA permit, with the exception of pollutants introduced by the water transfer

activity itself to the water being transferred. That is, surface water containing pollutants (e.g.,

nutrients, sediment, or invasive species) could be transferred to another waterbody or watershed

without being subject to CWA controls.

Regarding SDWA authorities, Title V of AWIA 2018 would have made several changes to the

act’s DWSRF provisions, including making permanent the requirement that projects receiving

DWSRF assistance must use iron and steel products produced in the United States. Among other

SDWA amendments, AWIA 2018 would have (1) expressly authorized EPA’s WaterSense

program, and (2) revised the SDWA grant program for testing for lead in school and childcareprogram drinking water.29

Additionally, AWIA 2018 included several WIFIA amendments. Title V would have removed

WIFIA’s designation as a pilot program and added a new section to WIFIA regarding loans to

state CWSRF and DWSRF finance authorities. Although state SRF financing authorities are

currently eligible to receive WIFIA assistance, these provisions would have authorized EPA to

provide secured loans at subsidized interest rates for states meeting certain conditions.30 Unlike

other WIFIA assistance, this section also would have allowed the use of federal assistance to

27 In response to municipalities’ concerns regarding the financial challenges they face in addressing needs for

wastewater and stormwater control projects, EPA issued an integrated permitting and planning policy in 2012. The

policy’s intention is to provide communities with flexibility to prioritize and sequence needed water infrastructure

investments so that limited public dollars can be invested in ways that each municipality finds most valuable. Section

5006 of AWIA 2018 would have formally authorized comparable efforts. See CRS Report R44223, EPA Policies

Concerning Integrated Planning and Affordability of Water Infrastructure, by (name redacted)

.

28 40 C.F.R. §122.3(i).

29 For more information on the WaterSense program, see CRS In Focus IF10787, WaterSense®: Water-Efficiency

Label and Partnership Program, by Keara B. Moore.

30 Certain states would have been able to receive WIFIA loans at 80% (and, in certain cases, between 80% and 50%) of

the Treasury rate for comparable securities. EPA generally would have been required to use 50% of funds available to

provide secured loans at reduced interest rates. This subsidy would have first been available to (1) states that received

less than 2% of the total amount of funds made available to states for their Drinking Water and Clean Water SRFs for

the most recent fiscal year and (2) states for which the President had declared a major disaster any time from January 1,

2017, to the date of AWIA 2018 enactment.

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support 100% of project costs, and it would have waived application fees. In addition, AWIA

2018 proposed to authorize EPA to establish a water infrastructure resiliency and sustainability

grant program; authorize an Indian reservation drinking water and wastewater infrastructure pilot

program at EPA; and support water utility workforce development.

AWIA 2018 also called for studies on “intractable water systems” and on WIFIA accessibility for

certain communities. These and other water quality and drinking water provisions are described

below in Table 4. In contrast, WRDA 2018 contained none of these provisions.

Table 4. Selected EPA Topics and Related Provisions in WRDA 2018 and AWIA 2018

Topic

WRDA 2018

(H.R. 8)

AWIA 2018

(Senate EPW-Posted

Amendment to H.R. 8)

Clean Water

Act (CWA)

Water Transfer

Discharges

No similar provisions.

§3308 would have amended CWA Section 402 to add a definition of

water transfer to mean “an activity that conveys or connects waters

of the United States without subjecting the water being transferred

to intervening industrial, municipal, or commercial use.” It would

have specified that discharges from water transfers do not require a

permit under CWA Section 402, with the exception of pollutants

introduced to the water by the water transfer itself.

CWA

Stormwater and

Sewer Overflow

Projects

No similar provisions.

§5001 would have directed the EPA Administrator to establish a

stormwater infrastructure task force to develop recommendations

to improve funding and financing of municipal stormwater

infrastructure and to report study results to Congress.

§5005(b) would have amended CWA Section 221 to reauthorize the

appropriation of grants for municipal sewer overflow projects, and

make stormwater management projects eligible, at a level of $225

million for each of FY2019 and FY2020. Congress established this

grant program in 2000 (P.L. 106-554) but never provided

implementing appropriations.

CWA

Technical

Assistance,

Report on

Compliance

Costs and

Benefits

No similar provisions.

§5004 would have amended the CWA to authorize EPA to provide

grants to qualified nonprofit groups to provide technical assistance

to small- and medium-sized wastewater treatment works to assist

with CWA compliance and obtaining financing for CWA-eligible

projects. This section would have authorized to be appropriated for

each of FY2019-FY2021 $15 million for grants to assist small

treatment works and $10 million for medium-sized facilities. It

would have authorized states to use 2% of the annual Clean Water

State Revolving Fund (CWSRF) for these purposes.

§5004 would also have required EPA to report to Congress on the

difficulties faced by these treatment works in complying with the

CWA (including a cost-benefit analysis of CWA requirements and

regulations that make compliance difficult) and on the effect of

technical assistance on their ability to obtain CWA financing and

achieve compliance.

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Topic

WRDA 2018

(H.R. 8)

AWIA 2018

(Senate EPW-Posted

Amendment to H.R. 8)

CWA

Compliance

Flexibility,

Integrated Plans,

Green

Infrastructure,

and Affordability

No similar provisions.

§5006 would have amended CWA Section 402. Similarly to a 2012

EPA initiative, this section proposed to allow municipalities to

develop integrated plans for complying with CWA stormwater and

other wastewater discharge requirements. Extended compliance

schedules would have been allowed in permits that incorporated

such plans, if authorized by state water quality standards; effluent

limitations would have remained applicable. EPA would have been

directed, in conjunction with an enforcement action, to inform a

municipality of the opportunity to develop an integrated plan.

§5006 would have amended the CWA to direct the EPA

Administrator to ensure that certain EPA offices promote the use

and coordinate integration of green infrastructure into permitting

programs, planning, research, technical assistance, and funding

guidance. The provision would have required the Administrator to

direct regional offices to integrate use of green infrastructure in

permitting, consent decrees, and other actions. EPA would have

been required to coordinate governmental efforts to increase green

infrastructure use and promote green infrastructure information

sharing.

§5006 would have directed EPA to publish new financial capability

guidance, which may influence schedules established by EPA and

states for communities to meet CWA requirements.

WIFIA

Reauthorization

and

Amendments for

SRF Programs

No similar provisions.

§5002 would have reauthorized appropriations for WIFIA for both

EPA and USACE at a level of $50 million for each of FY2020 and

FY2021.

§5012 called for the Government Accountability Office to conduct a

study on ways to improve access to WIFIA assistance in rural and

other selected communities.

§5016 would have added a section to WIFIA authorizing new terms

for EPA loans to state CWSRF and DWSRF finance authorities.

Although state SRF financing authorities are currently eligible to

receive WIFIA assistance, the new section would have authorized

EPA to provide secured loans at subsidized interest rates for states

meeting certain conditions (see footnote 30). Unlike other WIFIA

assistance, this section would have allowed loans to be used to

support 100% of project costs, and would have waived application

fees. For these SRF WIFIA loans, §5015 would have authorized to be

appropriated $4 million for FY2019 and $5 million for FY2020.

Funding for these provisions would not be made available for a fiscal

year if the total amount made available for the SRF programs was

less than the amount made available for FY2018 and the total

amount made available for the WIFIA program was less than the

amount authorized to be appropriated for WIFIA for FY2018. EPA

would have been required to distribute assistance among SRFs based

on need.

§5016 would have removed WIFIA’s designation as a ‘pilot’ program.

Indian

Reservation Pilot

Program

No similar provisions.

§5003 would have authorized EPA to carry out a pilot program of at

least 20 projects to improve various types of drinking water and

wastewater infrastructure at Indian reservations located in the

Upper Mississippi River and Upper Rio Grande basins (subject to

the availability of appropriations).

Congressional Research Service

R45212 · VERSION 7 · UPDATED

16

Water Authorization Legislation in the 115th Congress

Topic

WRDA 2018

(H.R. 8)

AWIA 2018

(Senate EPW-Posted

Amendment to H.R. 8)

Safe Drinking

Water Act

(SDWA)

DWSRF

Source Water

Protection,

WaterSense

No similar provisions.

§5005(a) would have amended SDWA to authorize states to use a

portion of their DWSRF funds for source water protection

activities. For communities with populations over 10,000, this

section would have applied Brooks Act (40 U.S.C. Ch. 11) or

equivalent state requirements to negotiation of contracts involving

DWSRF funds.

§5005(a) would have further amended SDWA to expressly

authorize a WaterSense program at EPA.

SDWA

Intractable

Water Systems

No similar provisions.

§5008 would have added new SDWA §1459C to (1) require EPA

and the Department of Health and Human Services to conduct a

study identifying intractable water systems and describing barriers to

delivery of potable water to individuals served by such systems, and

report to Congress; and (2) provide certain enforcement

protections for other systems carrying out approved consolidation

plans to address intractable systems. An intractable water system

was defined as one that serves fewer than 1,000 persons and for

which the owner or operator is unable or unwilling to provide safe

and adequate service or has experienced other specified

operational, financial, or compliance failures.

CWA, WIFIA,

USDA

Onsite

Wastewater

Recycling

No similar provisions.

§5009 would have directed EPA to use existing programs to provide

information to local governments and nonprofit organizations

regarding the cost effectiveness of alternative wastewater recycling

and treatment systems. It would have required, as a condition of

providing CWSRF assistance for wastewater projects serving 2,500

or fewer persons, states to certify that the recipient has considered

onsite decentralized wastewater systems. This requirement would

also have applied to wastewater project assistance provided through

WIFIA and U.S. Department of Agriculture water and waste loan

and grant programs.

SDWA

Water Utility

Workforce

No similar provisions.

§5010 would have defined intractable water system for purposes of

this section. It would have required EPA and USACE to establish a

competitive grant program for water utilities or intractable water

systems for a wide variety of activities to support water utility

workforce development. For this purpose, it would have authorized

to be appropriated $1 million for each of FY2019 and FY2020.

SDWA

DWSRF

American Iron

and Steel

No similar provisions.

§5013 would have amended SDWA to make permanent the

requirement that projects receiving DWSRF assistance must use

iron and steel products manufactured in the United States.

SDWA

DWSRF

Compliance with

State Law

No similar provisions.

§5014 would have required states to ensure that DWSRF funds

were not used to purchase products or materials used in water

treatment or delivery unless such products or materials were in

compliance with state laws and regulations regarding the National

Sanitation Foundation and American National Standards Institute

Standard 61 (NSF/ANSI 61).

Water Reuse

No similar provisions.

§5015 included a ‘sense of Congress’ that industry access to

nonpotable water can relieve water supply and demand challenges,

and to encourage water users to continue implementing and

incentivizing nonpotable water reuse programs that save water and

meet conservation needs.

Congressional Research Service

R45212 · VERSION 7 · UPDATED

17

Water Authorization Legislation in the 115th Congress

Topic

WRDA 2018

(H.R. 8)

AWIA 2018

(Senate EPW-Posted

Amendment to H.R. 8)

Water

Infrastructure

Resiliency and

Sustainability

No similar provisions.

§5017 would have required EPA to establish a program to provide

grants to owners or operators of a wide variety of water systems

(e.g., community water systems and irrigation water delivery

systems) for projects or programs that would increase resiliency or

adaptability to forecasted changes to regional hydrologic conditions.

This section would have authorized to be appropriated $12.5 million

for each of FY2019 and FY2020 for this purpose.

EPA Regional

Liaisons

No similar provisions.

§5018 would have directed the EPA Administrator to appoint at

least one liaison to minority, tribal and low-income communities in

each EPA regional office.

SDWA

School and Child

Care Program

Lead Testing

Grants

No similar provisions.

§5019 would have amended the grant program for testing for lead in

school and child care program drinking water (SDWA §1464(d)) to

require EPA to provide technical assistance to help grant recipients

identify sources of lead in water and apply for assistance to eliminate

contamination. It would have authorized to be appropriated $30

million for each of FY2020 and FY2021 (currently authorized at $20

million per fiscal year).

Innovative

Water

Technologies

No similar provisions.

§5020 would have required EPA to establish a program to provide

grants to public utilities, local governments, farmers and other

private entities, states, and various organizations to (1) finance

projects to develop, deploy, and improve emerging water

technologies; (2) fund entities that provide technical assistance to

deploy innovative water technologies; and (3) support specified

types of innovative technologies. §5020 would have authorized to be

appropriated $10 million for each of FY2019 and FY2020 for these

purposes.

CWA

Grants for

Individual

Household

Wastewater

Systems

No similar provisions.

§5021 would have amended the CWA to require EPA to establish a

grant program for construction, refurbishing, and servicing of

individual household decentralized wastewater systems for low- or

moderate-income individuals. It would have required EPA to provide

grants to nonprofit organizations that would provide subgrants to

individuals residing in the mid-Atlantic, southeast, and Appalachian

regions.

§5021 would have authorized to be appropriated $15 million, and

program authority would have expired 2 years after enactment.

WIFIA

Bureau of

Reclamation

No similar provision.

§5022 would have amended WIFIA to direct the EPA Administrator

to enter into a memorandum of understanding with the

Commissioner of the Bureau of Reclamation to establish a process

for the Commissioner to make recommendations to EPA for certain

water resource projects to receive WIFIA assistance. The

Commissioner would have been authorized to recommend projects

that are (1) eligible under WIFIA Section 5026 (6) and (7) [e.g.,

desalination projects, projects to reduce aquifer depletion, and

projects to prevent or mitigate drought], and (2) located in a

Reclamation state.

Sources: CRS using H.R. 8, Water Resources Development Act of 2018 (WRDA 2018), as passed by the House

on June 11, 2018, and the amendment in the nature of a substitute to H.R. 8, America’s Water Infrastructure Act

of 2018 (AWIA 2018) as posted by the Senate EPW on July 9, 2018, at https://www.epw.senate.gov/public/

index.cfm/addressing-americas-infrastructure-needs. It is no longer available at that website.

Congressional Research Service

R45212 · VERSION 7 · UPDATED

18

Water Authorization Legislation in the 115th Congress

Author Contact Information

(name redacted)

Specialist in Natural Resources Policy

/redacted/@crs.loc.gov

, 7-....

Congressional Research Service

(name redacted)

Specialist in Environmental Policy

/redacted/@crs.loc.gov, 7-....

R45212 · VERSION 7 · UPDATED

19

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