Title IV — Other Matters
IV Other Matters
A Clean Water
Sec. 4102 Wastewater technology clearinghouse
Sec. 4103 Technical assistance for treatment works
“(8) make grants to nonprofit organizations—
“(A) to provide technical assistance to rural, small, and tribal municipalities for the purpose of assisting, in consultation with the State in which the assistance is provided, such municipalities and tribal governments in the planning, developing, and acquisition of financing for eligible projects and activities described in section 603(c);
“(B) to provide technical assistance and training for rural, small, and tribal publicly owned treatment works and decentralized wastewater treatment systems to enable such treatment works and systems to protect water quality and achieve and maintain compliance with the requirements of this Act; and
“(C) to disseminate information to rural, small, and tribal municipalities and municipalities that meet the affordability criteria established under section 603(i)(2) by the State in which the municipality is located with respect to planning, design, construction, and operation of publicly owned treatment works and decentralized wastewater treatment systems.”
“(w) Nonprofit organization—For purposes of subsection (b)(8), the term nonprofit organization means a nonprofit organization that the Administrator determines, after consultation with the States regarding what small publicly owned treatments works in the State find to be most beneficial and effective, is qualified and experienced in providing on-site training and technical assistance to small publicly owned treatment works.”
Sec. 4104 Amendments to Long Island Sound programs
“(J) environmental vulnerabilities of the Long Island Sound watershed, including—
“(i) the identification and assessment of such vulnerabilities in the watershed;
“(ii) the development and implementation of adaptation strategies to reduce such vulnerabilities; and
“(iii) the identification and assessment of the effects of sea level rise on water quality, habitat, and infrastructure; and”
“(4) develop and implement strategies to increase public education and awareness with respect to the ecological health and water quality conditions of Long Island Sound;”
“(7) monitor the progress made toward meeting the identified goals, actions, and schedules of the Comprehensive Conservation and Management Plan, including through the implementation and support of a monitoring system for the ecological health and water quality conditions of Long Island Sound; and”
“(f) Report
“(1) In general—Not later than 2 years after the date of enactment of this Act, and biennially thereafter, the Director of the Office, in consultation with the Governor of each Long Island Sound State, shall submit to Congress a report that—
“(A) summarizes and assesses the progress made by the Office and the Long Island Sound States in implementing the Long Island Sound Comprehensive Conservation and Management Plan, including an assessment of the progress made toward meeting the performance goals and milestones contained in the Plan;
“(B) assesses the key ecological attributes that reflect the health of the ecosystem of the Long Island Sound watershed;
“(C) describes any substantive modifications to the Long Island Sound Comprehensive Conservation and Management Plan made during the 2-year period preceding the date of submission of the report;
“(D) provides specific recommendations to improve progress in restoring and protecting the Long Island Sound watershed, including, as appropriate, proposed modifications to the Long Island Sound Comprehensive Conservation and Management Plan;
“(E) identifies priority actions for implementation of the Long Island Sound Comprehensive Conservation and Management Plan for the 2-year period following the date of submission of the report; and
“(F) describes the means by which Federal funding and actions will be coordinated with the actions of the Long Island Sound States and other entities.
“(2) Public availability—The Administrator shall make the report described in paragraph (1) available to the public, including on a publicly accessible website.
“(g) Federal entities
“(1) Coordination—The Administrator shall coordinate the actions of all Federal departments and agencies that affect water quality in the Long Island Sound watershed in order to improve the water quality and living resources of the watershed.
“(2) Methods—In carrying out this section, the Administrator, acting through the Director of the Office, may—
“(A) enter into interagency agreements; and
“(B) make intergovernmental personnel appointments.
“(4) Consistency with comprehensive conservation and management plan—To the maximum extent practicable, the head of each Federal department or agency that owns or occupies real property, or carries out activities, within the Long Island Sound watershed shall ensure that the property and all activities carried out by the department or agency are consistent with the Long Island Sound Comprehensive Conservation and Management Plan (including any related subsequent agreements and plans).”
“(h) Authorization of appropriations—There is authorized to be appropriated to the Administrator to carry out this section $40,000,000 for each of fiscal years 2019 through 2023.”
Sec. 4105 Authorization of appropriations for Columbia river basin restoration
“(6) Authorization of appropriations—There is authorized to be appropriated to carry out this subsection $30,000,000 for each of fiscal years 2020 and 2021.”
Sec. 4106 Sewer overflow control grants
“(a) In general
“(1) Grants to states—The Administrator may make grants to States for the purpose of providing grants to a municipality or municipal entity for planning, design, and construction of—
“(A) treatment works to intercept, transport, control, treat, or reuse municipal combined sewer overflows, sanitary sewer overflows, or stormwater; and
“(B) any other measures to manage, reduce, treat, or recapture stormwater or subsurface drainage water eligible for assistance under section 603(c).
“(2) Direct municipal grants—Subject to subsection (g), the Administrator may make a direct grant to a municipality or municipal entity for the purposes described in paragraph (1).”
“(e) Administrative requirements—A project that receives assistance under this section shall be carried out subject to the same requirements as a project that receives assistance from a State water pollution control revolving fund under title VI, except to the extent that the Governor of the State in which the project is located determines that a requirement of title VI is inconsistent with the purposes of this section. For the purposes of this subsection, a Governor may not determine that the requirements of title VI relating to the application of section 513 are inconsistent with the purposes of this section.”
“(f) Authorization of appropriations
“(1) In general—There is authorized to be appropriated to carry out this section $225,000,000 for each of fiscal years 2019 through 2020.
“(2) Minimum allocations—To the extent there are sufficient eligible project applications, the Administrator shall ensure that a State uses not less than 20 percent of the amount of the grants made to the State under subsection (a) in a fiscal year to carry out projects to intercept, transport, control, treat, or reuse municipal combined sewer overflows, sanitary sewer overflows, or stormwater through the use of green infrastructure, water and energy efficiency improvements, and other environmentally innovative activities.”
“(g) Allocation of funds
“(1) Fiscal year 2019—Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2019 for making grants to municipalities and municipal entities under subsection (a)(2) in accordance with the criteria set forth in subsection (b).
“(2) Fiscal year 2020 and thereafter—Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2020 and each fiscal year thereafter for making grants to States under subsection (a)(1) in accordance with a formula to be established by the Administrator, after providing notice and an opportunity for public comment, that allocates to each State a proportional share of such amounts based on the total needs of the State for municipal combined sewer overflow controls, sanitary sewer overflow controls, and stormwater identified in the most recent detailed estimate and comprehensive study submitted pursuant to section 516 and any other information the Administrator considers appropriate.”
Sec. 4107 Assistance for individual household decentralized wastewater systems of individuals with low or moderate income
“(12) to any qualified nonprofit entity, as determined by the Administrator, to provide assistance to an eligible individual (as defined in subsection (j))—
“(A) for the repair or replacement of existing individual household decentralized wastewater treatment systems; or
“(B) in a case in which an eligible individual resides in a household that could be cost-effectively connected to an available publicly owned treatment works, for the connection of the applicable household to such treatment works.”
“(j) Definition of eligible individual—In subsection (c)(12), the term eligible individual means a member of a household, the members of which have a combined income (for the most recent 12-month period for which information is available) equal to not more than 50 percent of the median nonmetropolitan household income for the State in which the household is located, according to the most recent decennial census.”
B WIFIA Reauthorization and Innovative Financing for State Loan Funds
Sec. 4201 WIFIA reauthorization and innovative financing for State loan funds
“(E) Special rule for certain combined projects—The Administrator shall develop a credit evaluation process for a Federal credit instrument provided to—
“(i) a State infrastructure financing authority for a project under section 5026(9), which may include requiring the provision of a final rating opinion letter from at least one rating agency; or
“(ii) an entity for a project under section 5026(10), which may include requiring the provision of a final rating opinion letter from at least two rating agencies.”
“(i) Timing of scheduled loan repayments—Scheduled”
“(ii) Repayments—None of the funds for repayment of a secured loan under this title from a State infrastructure financing authority may come from funds provided to a State revolving loan fund under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12).”
“(1) Fiscal years 2015 through 2019—There are”
“(2) Fiscal years 2020 and 2021—There is authorized to be appropriated to the Administrator to carry out this subtitle $50,000,000 for each of fiscal years 2020 and 2021, to remain available until expended.”
“(1) Fiscal years 2015 through 2019—Of the funds”
“(2) Fiscal years 2020 and 2021—Of the funds made available to carry out this subtitle, the Administrator may use for the administration of this subtitle, including for the provision of technical assistance to aid project sponsors in obtaining the necessary approvals for the project, not more than $5,000,000 for each of fiscal years 2020 and 2021.”
“(C) Exception for projects funded by a State infrastructure financing authority—Notwithstanding subparagraph (A), a State infrastructure financing authority may finance up to 100 percent of the costs of a project using the proceeds of financial assistance authorized under section 5033(e), provided that, in the event of a default with respect to any such assistance, the State infrastructure financing authority is solely responsible for immediate repayment of such costs.”
“(2) Prohibition on pass through fees—The Administrator, in the case where a State infrastructure financing authority obtains financial assistance under section 5033(e), shall require as a condition of obtaining such assistance, that the State infrastructure financing authority is prohibited from passing any portion of the fees required under section 5029(b)(7) to any party that utilizes any portion of such assistance for a project funded by such authority.”
“(e) Special rule for state reviews of projects for state infrastructure financing authorities
“(1) In general—A project described in section 5026(9) for which funding is provided under this title shall comply with any applicable State environmental or engineering review requirements pursuant to, as applicable—
“(A) title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.); and
“(B) section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12).
“(2) No new reviews required—Nothing in this title requires any additional or new environmental or engineering review for a project described in section 5026(9) for which funding is provided, other than any requirement otherwise applicable to the project.
“(f) Special rule for expedited review of applications from state infrastructure financing authorities—Not later than 180 days after the date on which the Administrator receives a complete application from a State infrastructure financing authority for a project under section 5026(9), the Administrator shall, through a written notice to the State infrastructure financing authority—
“(1) approve the application; or
“(2) provide detailed guidance and an explanation of any changes to the application necessary for approval of the application.”
“(e) Assistance for state infrastructure financing authorities
“(1) In general—With respect to fiscal years 2020 and 2021, if the Administrator has available for obligation in a fiscal year at least $50,000,000, there is authorized to be appropriated to the Administrator $5,000,000 for that fiscal year to provide financial assistance for projects described in section 5026(9) to State infrastructure financing authorities.
“(2) No impact on other federal funding—No funds shall be made available in a fiscal year to the Administrator for purposes of this subsection if—
“(A) the total amount appropriated for the fiscal year for State loan funds under section 1452 of the Safe Drinking Water Act is less than either the amount made available for such purpose in fiscal year 2018, or 105 percent of the previous fiscal year’s appropriation for such purpose, whichever is greater; and
“(B) the total amount appropriated for the fiscal year for water pollution control revolving funds under title VI of the Federal Water Pollution Control Act is less than either the amount made available for such purpose for fiscal year 2018, or 105 percent of the previous fiscal year’s appropriation for such purpose, whichever is greater.
“(3) Inclusion in agreement—If the Administrator provides financial assistance to a State infrastructure financing authority under section 5029 using funds made available pursuant to this subsection, the Administrator shall specify in the agreement under such section the amount of such assistance that is attributable to such funds.”
“(g) Agreements
“(1) In general—Subject to paragraphs (3) and (4), the Administrator may enter into an agreement with another relevant Federal agency to provide assistance in administering and servicing Federal credit instruments that such agency is authorized to make available.
“(2) Duties—The Administrator may act as an agent for the head of another Federal agency under paragraph (1), subject to the terms of any agreement entered into by the Administrator and the head of such other agency under such clause.
“(3) Transfer of funds—The authority of the Administrator to provide assistance under paragraph (1) is subject to—
“(A) the availability of funds appropriated to the other Federal agency that may be transferred to the Administrator to carry out an agreement entered into under paragraph (1); and
“(B) the transfer of such funds to the Administrator to carry out such an agreement.
“(4) Limitation—Nothing in this subsection affects the authority of the Administrator with respect to the selection of projects described in paragraphs (1), (8), or (10) of section 5026 to receive financial assistance under this subtitle.”
C Miscellaneous
Sec. 4301 Agreement with Commissioner of Reclamation
Sec. 4302 Snake River Basin flood prevention action plan
Sec. 4303 GAO audit of contracts and Tainter gate repairs of Harlan County Dam
Sec. 4304 Water infrastructure and workforce investment
Sec. 4305 Regional liaisons for minority, Tribal, and low-income communities
Sec. 4306 WaterSense
“324B. WaterSense program
“(a) Establishment of WaterSense program
“(1) In general—There is established within the Environmental Protection Agency a voluntary program, to be known as the WaterSense program, to identify and promote water-efficient products, buildings, landscapes, facilities, processes, and services in order to, through voluntary labeling of, or other forms of communications regarding, such products, buildings, landscapes, facilities, processes, and services while meeting strict performance criteria, sensibly—
“(A) reduce water use;
“(B) reduce the strain on public water systems, community water systems, and wastewater and stormwater infrastructure;
“(C) conserve energy used to pump, heat, transport, and treat water; and
“(D) preserve water resources for future generations.
“(2) Inclusions—Categories of products, buildings, landscapes, facilities, processes, and services that may be included under the program include—
“(A) irrigation technologies and services;
“(B) point-of-use water treatment devices;
“(C) plumbing products;
“(D) water reuse and recycling technologies;
“(E) landscaping and gardening products, including moisture control or water enhancing technologies;
“(F) xeriscaping and other landscape conversions that reduce water use;
“(G) whole house humidifiers; and
“(H) water-efficient buildings or facilities.
“(b) Duties—The Administrator of the Environmental Protection Agency, in coordination with the Secretary of Energy as appropriate, shall—
“(1) establish—
“(A) a WaterSense label to be used for products, buildings, landscapes, facilities, processes, and services meeting the certification criteria established pursuant to this section; and
“(B) the procedure, including the methods and means, and criteria by which products, buildings, landscapes, facilities, processes, and services may be certified to display the WaterSense label;
“(2) enhance public awareness regarding the WaterSense label through outreach and public education;
“(3) preserve the integrity of the WaterSense label by—
“(A) establishing and maintaining feasible performance criteria so that products, buildings, landscapes, facilities, processes, and services certified to display the WaterSense label perform as well or better than less water-efficient counterparts;
“(B) overseeing WaterSense certifications made by third parties, which shall be independent third-party product certification bodies accredited by an accreditation entity domiciled in the United States;
“(C) using testing protocols, from the appropriate, applicable, and relevant consensus standards, for the purpose of determining compliance with performance criteria; and
“(D) auditing the use of the WaterSense label in the marketplace and preventing cases of misuse;
“(4) not more frequently than every 6 years after adoption or major revision of any WaterSense performance criteria, review and, if appropriate, revise the performance criteria to achieve additional water savings;
“(5) in revising any WaterSense criteria—
“(A) provide reasonable notice to interested parties and the public of any changes, including effective dates, and an explanation of the changes;
“(B) solicit comments from interested parties and the public prior to any changes;
“(C) as appropriate, respond to comments submitted by interested parties and the public; and
“(D) provide an appropriate transition time prior to the applicable effective date of any changes, taking into account the timing necessary for the manufacture, marketing, training, and distribution of the specific product, building, landscape, process, or service category being addressed; and
“(6) not later than December 31, 2019, consider for review and revise, if necessary, any WaterSense performance criteria adopted before January 1, 2012.
“(c) Transparency—The Administrator of the Environmental Protection Agency shall, to the extent practicable and not less than annually, estimate and make available to the public the relative water and energy savings attributable to the use of WaterSense-labeled products, buildings, landscapes, facilities, processes, and services.
“(d) Distinction of authorities—In setting or maintaining specifications and criteria for Energy Star pursuant to section 324A, and WaterSense under this section, the Secretary of Energy and the Administrator of the Environmental Protection Agency shall coordinate to prevent duplicative or conflicting requirements among the respective programs.
“(e) No warranty—A WaterSense label shall not create any express or implied warranty.
“(f) Methods for establishing performance criteria—In establishing performance criteria for products, buildings, landscapes, facilities, processes, or services pursuant to this section, the Administrator of the Environmental Protection Agency shall use technical specifications and testing protocols established by voluntary consensus standards organizations relevant to specific products, buildings, landscapes, facilities, processes, or services, as appropriate.
“(g) Definition of feasible—The term feasible means feasible with the use of the best technology, techniques, and other means that the Administrator of the Environmental Protection Agency finds, after examination for efficacy under field conditions and not solely under laboratory conditions, are available (taking cost into consideration).”
Sec. 4307 Predatory and other wild animals
“(b) Administration—The Secretary”
“(a) In general—The Secretary”
“(c) Action by FWS—The Director of the United States Fish and Wildlife Service shall use the most expeditious procedure practicable to process and administer permits for take of—
“(1) a depredating eagle under the Act of June 8, 1940 (commonly known as the “Bald Eagle Protection Act”) (54 Stat. 250, chapter 278; 16 U.S.C. 668 et seq.), or sections 22.11 through 22.32of title 50, Code of Federal Regulations (or successor regulations) (including depredation of livestock, wildlife, and species protected under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or any other Federal management program); or
“(2) a migratory bird included on the list under section 10.13 of title 50, Code of Federal Regulations (or successor regulations) that is posing a conflict.”
Sec. 4308 Klamath project water and power
“4. Power and water management
“(a) Definitions—In this section:
“(1) Covered power use—The term “covered power use” means a use of power to develop or manage water from any source for irrigation, wildlife purposes, or drainage on land that is—
“(A) associated with the Klamath Project, including land within a unit of the National Wildlife Refuge System that receives water due to the operation of Klamath Project facilities; or
“(B) irrigated by the class of users covered by the agreement dated April 30, 1956, between the California Oregon Power Company and Klamath Basin Water Users Protective Association and within the Off Project Area (as defined in the Upper Basin Comprehensive Agreement entered into on April 18, 2014), only if each applicable owner and holder of a possessory interest of the land is a party to that agreement (or a successor agreement that the Secretary determines provides a comparable benefit to the United States).
“(2) Klamath project
“(A) In general—The term “Klamath Project” means the Bureau of Reclamation project in the States of California and Oregon.
“(B) Inclusions—The term “Klamath Project” includes any dam, canal, or other works or interests for water diversion, storage, delivery, and drainage, flood control, or any similar function that is part of the project described in subparagraph (A).
“(3) Power cost benchmark—The term “power cost benchmark” means the average net delivered cost of power for irrigation and drainage at Reclamation projects in the area surrounding the Klamath Project that are similarly situated to the Klamath Project, including Reclamation projects that—
“(A) are located in the Pacific Northwest; and
“(B) receive project-use power.
“(b) Water activities and drought response
“(1) In general—Pursuant to the reclamation laws and subject to appropriations and required environmental reviews, the Secretary may carry out activities, including entering into a contract or making financial assistance available through cooperative agreements or other methods—
“(A) to plan, implement, and administer programs to align water supplies and demand for irrigation water users associated with the Klamath Project, with a primary emphasis on programs developed or endorsed by local entities comprised of representatives of those water users;
“(B) Expenditures under this paragraph shall not exceed $10 million on an average annual basis.
“(2) 2018 drought response—All disbursements made or to be made based on actions approved by the Secretary under Contract Numbers 18–WC–20–5322 and 18–WC–20–5323 are authorized.
“(3) Requirements—The Secretary shall ensure that the activities under this subsection—
“(A) do not foster groundwater use that results in groundwater level declines that, based on existing data from the United States Geological Survey, are more than appropriate in a critically dry year, taking into consideration the long-term sustainability of aquifers;
“(B) do not adversely affect compliance with applicable laws protecting fishery resources in Upper Klamath Lake and the Klamath River.
“(4) Conveyance of non-project water
“(A) In general—Subject to subparagraphs (B) and (C), any entity operating under a contract entered into with the United States for the operation and maintenance of any Klamath Project works or facility, and any entity operating any works or facility not owned by the United States that receives Klamath Project water, may use, without any additional Federal contract, permit, or other authorization, any Klamath Project works or facility to convey non-Klamath Project water for any authorized purpose of the Klamath Project.
“(B) Permits; measurement—A use of water pursuant to subparagraph (A) (including an addition or conveyance of water) shall be subject to the requirements that—
“(i) the applicable entity shall secure all permits required under State or local law; and
“(ii) as applicable—
“(I) all water delivered into and taken out of a Klamath Project works or facility pursuant to that subparagraph shall be measured; and
“(II) any irrigation district conveying water shall ensure that only the land authorized to receive water under applicable State law shall receive, and put to beneficial use, the water, in accordance with the applicable State law and any associated terms and conditions.
“(C) Limitation—A use of non-Klamath Project water under this paragraph shall not—
“(i) adversely affect the delivery of water to any water user or land served by the Klamath Project; or
“(ii) result in any additional cost to the United States.
“(4) Effect of subsection—Nothing in this subsection authorizes the Secretary—
“(A) to develop or construct new facilities for the Klamath Project without appropriate approval from Congress under section 9 of the Reclamation Projects Act of 1939 (43 U.S.C. 485h); or
“(B) to carry out activities that have not otherwise been authorized.
“(c) Reducing power costs
“(1) In general—Not later than 180 days after the date of enactment of America’s Water Infrastructure Act of 2018, the Secretary, in consultation with interested irrigation interests that are eligible for covered power use and organizations representative of those interests, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that—
“(A) identifies the power cost benchmark; and
“(B) recommends actions (other than direct payments to persons making covered power uses or to other entities for the purposes of subsidizing power rates) that, in the judgment of the Secretary, are necessary and appropriate to ensure that the net delivered power cost for covered power use is equal to or less than the power cost benchmark, including a description of—
“(i) actions—
“(I) to immediately reduce power costs; and
“(II) to ensure that the net delivered power cost for covered power use is equal to, or less than, the power cost benchmark in the near term, while longer-term actions are being implemented;
“(ii) actions that prioritize—
“(I) water and power conservation and efficiency measures that could assist in achieving the power cost benchmark;
“(II) to the extent actions involving the development or acquisition of power generation are included, renewable energy technologies (including hydropower); and
“(III) regional economic development;
“(iii) the potential costs and timeline for the actions recommended under this subparagraph;
“(iv) provisions for modifying the actions and timeline to adapt to new information or circumstances; and
“(v) a description of public input regarding the proposed actions, including—
“(I) input from water users that have covered power use; and
“(II) the degree to which those water users concur with the recommendations.”
Sec. 4309 Certain Bureau of Reclamation dikes
Sec. 4310 Authority to make entire active capacity of Fontenelle Reservoir available for use
Sec. 4311 Blackfeet water rights settlement
“(A) 50 percent of the amounts in the Administration and Energy Account.
“(B) 50 percent of the amounts in the OM&R Account.
“(C) 50 percent of the amounts in the St. Mary Account.
“(D) 50 percent of the amounts in the Blackfeet Water, Storage, and Development Projects Account.”
“(3) Availability
“(A) In general—Except as provided in subparagraph (B), none of the funds deposited in the Trust Fund in fiscal year 2018 shall be available for expenditure in accordance with this subsection until the enforceability date.
“(B) Exception—Notwithstanding subparagraph (A), of the funds in the Administration and Energy Account, $4,800,000 shall be available to the Tribe for the implementation of this subtitle.”
“(1) In general—Amounts in”
“(2) Funding for implementation activities—Notwithstanding paragraph (1), the following amounts shall be available to the Secretary for the implementation of this subtitle:
“(A) 50 percent of the amounts in the MR&I System, Irrigation, and Water Storage Account to carry out section 3711.
“(B) 50 percent of the amounts in the MR&I System, Irrigation, and Water Storage Account to carry out section 3712.
“(C) 50 percent of the amounts in the Blackfeet Irrigation Project Deferred Maintenance and Four Horns Dam Safety Improvements Account to carry out section 3710(c).
“(D) The amounts in the Blackfeet Irrigation Project Deferred Maintenance and Four Horns Dam Safety Improvements Account to carry out section 3710(d).
“(E) From the St. Mary/Water Milk Management and Activities Account:
“(i) 50 percent of the amount described in section 3707(g)(1) to carry out section 3707(c).
“(ii) 50 percent of the amount described in section 3707(g)(2) to carry out section 3707(d).
“(iii) The amount described in section 3707(g)(3) to carry out subsection (f).
“(iv) The amounts in the Account to carry out section 3705.
“(3) Availability—None of the funds made available under this section in fiscal year 2018 shall be available until the enforceability date.”